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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9630 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cheroenhaka (Nottoway) Indian Tribe 
of Virginia Federal Recognition Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The Cheroenhaka-Nottoway has more than 300 Tribal 
        citizens on its rolls, all of whom, via a paper trail, can 
        document their genealogical line to an ethno-historic surname 
        of the Cheroenhaka (Nottoway) Tribe.
            (2) The Tribe owns 263 acres of ``Tribal'' land in 
        Southampton County, Virginia, which is a part of its originally 
        granted 41,000 acres by the Virginia House of Burgesses in 
        1705.
            (3) The Virginia, the Racial Integrity Act of 1924, under 
        the direction of the Virginia Bureau of Vital Statistics, 
        reclassified American Indians to ``colored'' or ``mulatto'' 
        This reclassification has created genealogical gaps, making it 
        nearly impossible for Virginia Tribes to gain Federal 
        recognition via the Bureau of Indian Affairs process.
            (4) The Cheroenhaka (Nottoway) signed a stand alone treaty 
        with Virginia's Provincial Lieutenant Governor Alexander 
        Spotswood on April 23, 1713, that required a ``Peace Tribute'' 
        be delivered to the Governor of the Virginia on April 23rd 
        annually.
            (5) The Tribe has presented this tribute to the governor on 
        the 299th, 300th, 301st, 302nd, 303rd, 304th, 305th, 306th, 
        307th, 308th, 309th, 310th, and 311th anniversaries of the 
        treaty.
            (6) The Cheroenhaka (Nottoway) were the only Tribe in the 
        Commonwealth of Virginia to have a recorded Gubernatorially 
        Mandated Special Census that took place on the Tribal 
        reservation in 1808.
            (7) The Cheroenhaka (Nottoway) are an officially recognized 
        Tribe by the Commonwealth of Virginia.
            (8) The Hand Site Excavation (44SN22)--in Southampton 
        County carbon dates the ancestors of the Cheroenhaka (Nottoway) 
        Indian Tribe of Southampton County, Virginia to around 1580. It 
        is believed this site existed in 700 AD.
            (9) The Cheroenhaka (Nottoway) Indian Tribe made first 
        ethno-historic contact with the English in 1607-1608 in what is 
        now Nottoway County, Virginia. The English were looking for 
        information germane to Roanoke Island . . . the ``Lost 
        Colony''.
            (10) In the Seventeenth Century, the Iroquoian Speaking 
        Tribes occupied lands east of the Fall Line on the inner 
        Coastal Plains of Southeastern Virginia. These tribes were the 
        Cheroenhaka (Nottoway), the Meherrin and the Tuscarora.
            (11) The Cheroenhaka (Nottoway) Indian Tribe's King and 
        Great Men/Chief Men signed three treaties: The Treaty of 1646; 
        1677 in addition to the above mentioned 1713, Spotswood Treaty.
            (12) In 1705, the House of Burgess granted two tracks of 
        ``Reservation Land'' to the Cheroenhaka (Nottoway) Indian 
        Tribe--the Circle Track (18,000 acres) and Square Track (23,000 
        acres) totaling some 41,000 acres of Reservation Land. The two 
        tracks of land fell within the confines of what was then Isle 
        of Wight County--now Southampton and Sussex Counties.
            (13) In July of 1808, the Governor of the Commonwealth of 
        Virginia mandated a ``Special'' Cheroenhaka (Nottoway) Indian 
        Census be taken of those Indians living on the remaining 
        reservation lands (approx. 7,000 + acres) of the Cheroenhaka 
        (Nottoway) Indian Reservation in what is now Courtland, 
        Virginia, formerly named ``Jerusalem''.
            (14) In 1816, new trustees were appointed for the 
        Cheroenhaka (Nottoway) Indians. These Trustees were empowered 
        to make reasonable rules and regulations for the government of 
        the tribe and for the expenditure of the money held in trust 
        for them, which was to continue so long as any number of the 
        tribe were living. Any funds remaining on hand were then to be 
        paid into the public treasury.
            (15) On December 7, 2002, the Cheroenhaka (Nottoway) Indian 
        Tribe filed a letter of intent with the Bureau of Indian 
        Affairs (BIA), Office of Federal Acknowledgement (OFA) 
        announcing that it would be filing for Federal Recognition via 
        the OFA.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal citizen.--The term ``Tribal citizen'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of the enactment of this Act; and
                    (B) an individual who is placed on the membership 
                rolls of the Tribe in accordance with this Act.
            (3) Tribe.--The term ``Tribe'' means the Cheroenhaka 
        (Nottoway) Indian Tribe of Virginia.

SEC. 4. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian Tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) 
        that are not inconsistent with this Act shall be applicable to 
        the Tribe and Tribal citizens.
    (b) Federal Services and Benefits.--
            (1) In general.--The Tribe and Tribal citizens shall be 
        eligible for all services and benefits provided by the Federal 
        Government to federally recognized Indian Tribes without regard 
        to the existence of a reservation for the Tribe.
            (2) Service area.--The service area for the purpose of the 
        delivery of Federal services to Tribal citizens shall be 
        determined in coordination and consultation with the Secretary 
        not later than 120 days after the date of the enactment of this 
        Act.

SEC. 5. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of the 
enactment of this Act.

SEC. 6. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 7. RESERVATION OF THE TRIBE.

    (a) In General.--Upon the request of the Tribe, the Secretary of 
the Interior shall take into trust for the benefit of the Tribe any 
land held in fee by the Tribe that was acquired by the Tribe on or 
before January 1, 2007, if such lands are located within the boundaries 
of Southampton County, Virginia.
    (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than 3 years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a) and shall immediately make that determination available 
to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this section shall, upon request of the Tribe, 
be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated by the 
Secretary or the National Indian Gaming Commission.

SEC. 8. GAMING.

    The Tribe may not conduct gaming activities as a matter of claimed 
inherent authority or under the authority of any Federal law, including 
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any 
regulations thereunder promulgated by the Secretary or the National 
Indian Gaming Commission.

SEC. 9. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this Act expands, reduces, or affects in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
Tribal citizens.
                                 <all>
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