I 

118TH CONGRESS 

2D SESSION H. R. 9630 

To extend Federal recognition to the Cheroenhaka (Nottoway) Indian Tribe 

of Virginia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2024 

Mrs. KIGGANS of Virginia introduced the following bill; which was referred to 

the Committee on Natural Resources 

A BILL 

To extend Federal recognition to the Cheroenhaka 

(Nottoway) Indian Tribe of Virginia, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cheroenhaka 

5 (Nottoway) Indian Tribe of Virginia Federal Recognition 

6 Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds as follows: 

9 (1) The Cheroenhaka-Nottoway has more than 

10 300 Tribal citizens on its rolls, all of whom, via a 


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1 paper trail, can document their genealogical line to 

2 an ethno-historic surname of the Cheroenhaka 

3 (Nottoway) Tribe. 

4 (2) The Tribe owns 263 acres of ‘‘Tribal’’ land 

5 in Southampton County, Virginia, which is a part of 

6 its originally granted 41,000 acres by the Virginia 

7 House of Burgesses in 1705. 

8 (3) The Virginia, the Racial Integrity Act of 

9 1924, under the direction of the Virginia Bureau of 

10 Vital Statistics, reclassified American Indians to 

11 ‘‘colored’’ or ‘‘mulatto’’ This reclassification has cre12 ated genealogical gaps, making it nearly impossible 

13 for Virginia Tribes to gain Federal recognition via 

14 the Bureau of Indian Affairs process. 

15 (4) The Cheroenhaka (Nottoway) signed a 

16 stand alone treaty with Virginia’s Provincial Lieu17 tenant Governor Alexander Spotswood on April 23, 

18 1713, that required a ‘‘Peace Tribute’’ be delivered 

19 to the Governor of the Virginia on April 23rd annu20 ally. 

21 (5) The Tribe has presented this tribute to the 

22 governor on the 299th, 300th, 301st, 302nd, 303rd, 

23 304th, 305th, 306th, 307th, 308th, 309th, 310th, 

24 and 311th anniversaries of the treaty. 


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1 (6) The Cheroenhaka (Nottoway) were the only 

2 Tribe in the Commonwealth of Virginia to have a re3 corded Gubernatorially Mandated Special Census 

4 that took place on the Tribal reservation in 1808. 

5 (7) The Cheroenhaka (Nottoway) are an offi6 cially recognized Tribe by the Commonwealth of Vir7 ginia. 

8 (8) The Hand Site Excavation (44SN22)—in 

9 Southampton County carbon dates the ancestors of 

10 the Cheroenhaka (Nottoway) Indian Tribe of South11 ampton County, Virginia to around 1580. It is be12 lieved this site existed in 700 AD. 

13 (9) The Cheroenhaka (Nottoway) Indian Tribe 

14 made first ethno-historic contact with the English in 

15 1607–1608 in what is now Nottoway County, Vir16 ginia. The English were looking for information ger17 mane to Roanoke Island . . . the ‘‘Lost Colony’’. 

18 (10) In the Seventeenth Century, the Iroquoian 

19 Speaking Tribes occupied lands east of the Fall Line 

20 on the inner Coastal Plains of Southeastern Vir21 ginia. These tribes were the Cheroenhaka 

22 (Nottoway), the Meherrin and the Tuscarora. 

23 (11) The Cheroenhaka (Nottoway) Indian 

24 Tribe’s King and Great Men/Chief Men signed three 


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1 treaties: The Treaty of 1646; 1677 in addition to 

2 the above mentioned 1713, Spotswood Treaty. 

3 (12) In 1705, the House of Burgess granted 

4 two tracks of ‘‘Reservation Land’’ to the 

5 Cheroenhaka (Nottoway) Indian Tribe—the Circle 

6 Track (18,000 acres) and Square Track (23,000 

7 acres) totaling some 41,000 acres of Reservation 

8 Land. The two tracks of land fell within the confines 

9 of what was then Isle of Wight County—now South10 ampton and Sussex Counties. 

11 (13) In July of 1808, the Governor of the Com12 monwealth of Virginia mandated a ‘‘Special’’ 

13 Cheroenhaka (Nottoway) Indian Census be taken of 

14 those Indians living on the remaining reservation 

15 lands (approx. 7,000 + acres) of the Cheroenhaka 

16 (Nottoway) Indian Reservation in what is now 

17 Courtland, Virginia, formerly named ‘‘Jerusalem’’. 

18 (14) In 1816, new trustees were appointed for 

19 the Cheroenhaka (Nottoway) Indians. These Trust20 ees were empowered to make reasonable rules and 

21 regulations for the government of the tribe and for 

22 the expenditure of the money held in trust for them, 

23 which was to continue so long as any number of the 

24 tribe were living. Any funds remaining on hand were 

25 then to be paid into the public treasury. 


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1 (15) On December 7, 2002, the Cheroenhaka 

2 (Nottoway) Indian Tribe filed a letter of intent with 

3 the Bureau of Indian Affairs (BIA), Office of Fed4 eral Acknowledgement (OFA) announcing that it 

5 would be filing for Federal Recognition via the OFA. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (2) TRIBAL CITIZEN.—The term ‘‘Tribal cit11 izen’’ means— 

12 (A) an individual who is an enrolled mem13 ber of the Tribe as of the date of the enactment 

14 of this Act; and 

15 (B) an individual who is placed on the 

16 membership rolls of the Tribe in accordance 

17 with this Act. 

18 (3) TRIBE.—The term ‘‘Tribe’’ means the 

19 Cheroenhaka (Nottoway) Indian Tribe of Virginia. 

20 SEC. 4. FEDERAL RECOGNITION. 

21 (a) FEDERAL RECOGNITION.— 

22 (1) IN GENERAL.—Federal recognition is ex23 tended to the Tribe. 

24 (2) APPLICABILITY OF LAWS.—All laws (includ25 ing regulations) of the United States of general apVerDate Sep 11 2014 00:15 Sep 25, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H9630.IH H9630

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1 plicability to Indians or nations, Indian Tribes, or 

2 bands of Indians (including the Act of June 18, 

3 1934 (25 U.S.C. 461 et seq.)) that are not incon4 sistent with this Act shall be applicable to the Tribe 

5 and Tribal citizens. 

6 (b) FEDERAL SERVICES AND BENEFITS.— 

7 (1) IN GENERAL.—The Tribe and Tribal citi8 zens shall be eligible for all services and benefits 

9 provided by the Federal Government to federally rec10 ognized Indian Tribes without regard to the exist11 ence of a reservation for the Tribe. 

12 (2) SERVICE AREA.—The service area for the 

13 purpose of the delivery of Federal services to Tribal 

14 citizens shall be determined in coordination and con15 sultation with the Secretary not later than 120 days 

16 after the date of the enactment of this Act. 

17 SEC. 5. MEMBERSHIP; GOVERNING DOCUMENTS. 

18 The membership roll and governing documents of the 

19 Tribe shall be the most recent membership roll and gov20 erning documents, respectively, submitted by the Tribe to 

21 the Secretary before the date of the enactment of this Act. 

22 SEC. 6. GOVERNING BODY. 

23 The governing body of the Tribe shall be— 

24 (1) the governing body of the Tribe in place as 

25 of the date of enactment of this Act; or 


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1 (2) any subsequent governing body elected in 

2 accordance with the election procedures specified in 

3 the governing documents of the Tribe. 

4 SEC. 7. RESERVATION OF THE TRIBE. 

5 (a) IN GENERAL.—Upon the request of the Tribe, the 

6 Secretary of the Interior shall take into trust for the ben7 efit of the Tribe any land held in fee by the Tribe that 

8 was acquired by the Tribe on or before January 1, 2007, 

9 if such lands are located within the boundaries of South10 ampton County, Virginia. 

11 (b) DEADLINE FOR DETERMINATION.—The Sec12 retary shall make a final written determination not later 

13 than 3 years of the date which the Tribe submits a request 

14 for land to be taken into trust under subsection (a) and 

15 shall immediately make that determination available to the 

16 Tribe. 

17 (c) RESERVATION STATUS.—Any land taken into 

18 trust for the benefit of the Tribe pursuant to this section 

19 shall, upon request of the Tribe, be considered part of the 

20 reservation of the Tribe. 

21 (d) GAMING.—The Tribe may not conduct gaming ac22 tivities as a matter of claimed inherent authority or under 

23 the authority of any Federal law, including the Indian 

24 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under 


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1 any regulations thereunder promulgated by the Secretary 

2 or the National Indian Gaming Commission. 

3 SEC. 8. GAMING. 

4 The Tribe may not conduct gaming activities as a 

5 matter of claimed inherent authority or under the author6 ity of any Federal law, including the Indian Gaming Regu7 latory Act (25 U.S.C. 2701 et seq.) or under any regula8 tions thereunder promulgated by the Secretary or the Na9 tional Indian Gaming Commission. 

10 SEC. 9. HUNTING, FISHING, TRAPPING, GATHERING, AND 

11 WATER RIGHTS. 

12 Nothing in this Act expands, reduces, or affects in 

13 any manner any hunting, fishing, trapping, gathering, or 

14 water rights of the Tribe and Tribal citizens. 

Æ 


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