H.R. 5144: Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia, Federal Recognition Act

This legislation, known as the Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia, Federal Recognition Act, aims to grant federal recognition to the Cheroenhaka (Nottoway) Indian Tribe. This bill seeks to affirm the Tribe's legal status and rights following a historical context establishing their lineage and existence.

Key Provisions of the Bill

• Federal Recognition: The bill will officially recognize the Cheroenhaka (Nottoway) Indian Tribe as a federally recognized tribe. This recognition allows the Tribe and its members eligibility for all federal services and benefits available to recognized tribes.
• Eligibility for Federal Services: Once recognized, the Tribe and its citizens will qualify for various federal services, meaning they can receive assistance similar to that which other federally recognized tribes access.
• Service Area Determination: The bill tasks the Secretary of the Interior with convening a consultation within 120 days of the bill's enactment to outline the service area from which federal services will be provided to Tribal citizens.
• Land Trust Provisions: The Secretary of the Interior is required to take into trust any land owned by the Tribe that was acquired before January 1, 2007, and is located in Southampton County, Virginia. This is contingent on the Tribe's request for such designation.
• Governance and Membership: The Tribe will define its membership and governing documents according to the latest versions submitted to the Secretary before the enactment, ensuring self-determination in governance.
• Limitations on Gaming: The bill prohibits the Tribe from engaging in gaming activities unless authorized by federal law, including the Indian Gaming Regulatory Act. As such, the Tribe cannot operate casinos or similar businesses claiming inherent authority.
• Preservation of Rights: The bill clarifies that it does not alter any existing hunting, fishing, trapping, gathering, or water rights of the Tribe or its members, ensuring that traditional practices continue unaffected.

Historical Context

The Cheroenhaka (Nottoway) Indian Tribe traces its roots back to historical engagements with colonial settlers and has maintained a distinct cultural identity. The bill references various historical facts supporting the Tribe's claims, including archaeological evidence, historical treaties, and continuous tribal governance. Notably, the Tribe has a significant lineage leading back to the early 1600s, establishing its presence prior to American independence and its ongoing recognition by the Commonwealth of Virginia.

Membership and Governance

Membership in the tribe requires individuals to be enrolled as of the date of the bill's enactment, ensuring that current tribal citizens are recognized. The governing body outlined will either continue as it exists now or adapt according to processes defined in the Tribe’s governing documents.

Implications of Federal Recognition

Federal recognition would empower the Tribe to seek greater resources and support from the federal government, aiding efforts to preserve cultural heritage and improve the quality of life for its members. It will also allow the Tribe to manage lands and resources while pursuing economic development opportunities, keeping in line with federal laws.

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