Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia, Federal Recognition Act
- Sponsor
- Rep. Kiggans, Jennifer A. [R-VA-2]
- Committees
- Natural Resources Committee (primary)
- Last action
- Sep 4, 2025
Bottom line
This bill formally recognizes the Cheroenhaka (Nottoway) Indian Tribe as a sovereign nation, granting them access to federal programs and the ability to establish a reservation, but restricts their ability to conduct gaming.
What it actually does
This bill extends federal recognition to the Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia, making the Tribe and its citizens eligible for all federal services and benefits provided to federally recognized tribes. It also mandates that the Secretary of the Interior take certain tribal lands in Southampton County into trust upon request, which would then become part of the Tribe's reservation, while explicitly prohibiting the Tribe from conducting gaming activities.
Proponents argue
Proponents argue that this bill rectifies a historical injustice by formally recognizing a tribe with a long-documented history and continuous presence, enabling them to access essential federal services and preserve their cultural heritage. They emphasize the extensive historical findings detailed in the bill, including treaties, land ownership, and state recognition, as clear evidence of the tribe's continuous existence and need for federal acknowledgment, especially given the challenges posed by past discriminatory state laws like the Virginia Racial Integrity Act.
Opponents contend
Potential opponents might raise concerns about the precedent set by congressional recognition outside the Bureau of Indian Affairs (BIA) administrative process, or about the potential costs associated with extending federal services and benefits to a newly recognized tribe. Some might also question the specific historical documentation or the impact on local jurisdictions if land is taken into trust, although the bill explicitly prohibits gaming.
The bill is relatively short and clearly structured, making it accessible for an informed reader to understand its core provisions and implications within a reasonable timeframe.
Section 4(a)
Extension of Federal Recognition
This provision formally grants federal recognition to the Cheroenhaka (Nottoway) Indian Tribe, making it a federally recognized Indian Tribe. This means the Tribe will be treated as a sovereign nation by the U.S. government, subject to all federal laws generally applicable to Indian Tribes.
Supporters argue
Supporters argue this is a long-overdue acknowledgment of the Tribe's historical existence and continuous cultural identity, providing them with the legal status necessary to protect their heritage and pursue self-determination.
Critics contend
Critics might argue that bypassing the administrative BIA process could set an undesirable precedent or that the criteria for recognition should be consistently applied through established channels.
Tradeoffs
Balances the desire for congressional action to address historical injustices against the established administrative process for tribal recognition.
Section 4(b)
Eligibility for Federal Services and Benefits
This provision makes the Tribe and its citizens eligible for all services and benefits provided by the Federal Government to federally recognized Indian Tribes. It explicitly states that eligibility does not depend on the existence of a reservation for the Tribe. The Secretary will also determine a service area for these benefits.
Section 7
Land Taken Into Trust for Reservation
Upon the Tribe's request, the Secretary of the Interior must take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007, provided these lands are within Southampton County, Virginia. The Secretary must make a determination within 3 years, and any land taken into trust will be considered part of the Tribe's reservation.
Section 8
Prohibition of Gaming Activities
This section explicitly prohibits the Cheroenhaka (Nottoway) Indian Tribe from conducting gaming activities, whether under claimed inherent authority or any federal law, including the Indian Gaming Regulatory Act (IGRA).
Section 9
Preservation of Existing Rights
This provision clarifies that nothing in the Act expands, reduces, or affects any existing hunting, fishing, trapping, gathering, or water rights of the Tribe and Tribal citizens. It aims to maintain the status quo regarding these specific rights.