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

This section states 18 congressional findings on the historical presence since A.D. 900, ethnohistorical contacts, treaties (e.g., Woodland Plantation Treaty of 1677), land grants (e.g., 41,000 acres in 1705, now 263 acres), education at the Brafferton school, military service, leadership (e.g., Queen Edy Turner), current enrollment (more than 325 citizens), and federal recognition barriers due to the Virginia Racial Integrity Act of 1924 for the Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia.

This section defines key terms for the Act, including (1) Secretary, as the Secretary of the Interior; (2) Tribal citizen, as an individual who is an enrolled member of the Tribe as of the date of enactment; and (3) Tribe, as the Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia.

This section extends federal recognition to the Tribe and applies to the Tribe and its members all U.S. laws (including regulations) of general applicability to federally recognized Indian tribes or bands, including the Act of June 18, 1934 (i.e., the Indian Reorganization Act; 25 U.S.C. 461 et seq.), unless inconsistent with this Act. The section deems the Tribe and its members eligible for all federal services and benefits available to federally recognized tribes without regard to the existence of a reservation and requires the Secretary, in coordination and consultation with the Tribe, to determine the service area for delivery of such services not later than 120 days after enactment.

This section establishes the Tribe's membership roll and governing documents as the most recent versions, respectively, submitted by the Tribe to the Secretary before the date of enactment.

This section establishes the governing body of the Tribe as (1) the governing body in place as of the date of enactment of this Act or (2) any subsequent governing body elected in accordance with the election procedure specified in the Tribe's governing document.

This section directs the Secretary of the Interior, upon request by the Tribe, to take into trust land held in fee by the Tribe that was acquired on or before January 1, 2007, and located within the boundaries of Southampton County, Virginia (i.e., federal government holds title to the land for the Tribe's benefit, removing it from state jurisdiction). The section requires the Secretary to issue a final written determination on such a request no later than three years after receipt and to make the determination immediately available to the Tribe. Any land taken into trust under this section is, upon the Tribe's request, deemed part of the Tribe's reservation.

This section prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or under any federal law, including the Indian Gaming Regulatory Act (IGRA) or regulations promulgated thereunder by the Secretary or the National Indian Gaming Commission.