Federal Recognition Act Opens Door to Services for Virginia's Cheroenhaka (Nottoway) Tribe, But Limits Gaming

This legislation, the Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia, Federal Recognition Act, is pretty straightforward: it officially grants federal recognition to the Tribe. This is a massive deal because it immediately makes the Tribe and its citizens eligible for all the services and benefits the federal government provides to other federally recognized tribes (Sec. 4).

The Long-Awaited Confirmation

For the Tribe, this Act validates a history stretching back centuries, noting archaeological evidence from 1580 and the signing of the Woodland Plantation Treaty in 1677. The bill’s findings section (Sec. 2) reads like a history lesson, confirming their identity as the "People at the fork of the stream." By granting recognition, the federal government is essentially saying, “Yes, you are who you say you are, and you now qualify for the same support as every other recognized nation.” This means everything from federal healthcare programs and educational assistance to housing and economic development grants are now on the table for Tribal citizens.

What Changes for Tribal Citizens

Think of federal recognition as unlocking the door to the Bureau of Indian Affairs (BIA) and Indian Health Service (IHS). For an individual Tribal citizen, this could mean access to better healthcare options, potentially reduced costs for college tuition, or assistance programs for home ownership. The bill mandates that the Secretary of the Interior and the Tribe must coordinate within 120 days of enactment to define the official service area where these federal benefits will be delivered (Sec. 4). This move is critical for ensuring that services—like opening a new health clinic or a satellite office for educational support—are geographically accessible to the community.

Putting Land in Trust: A Step Toward Sovereignty

One of the most significant provisions is the ability to establish a formal reservation. The Act allows the Tribe to ask the Secretary of the Interior to take land they currently own into "trust status" (Sec. 7). This is a technical term, but it means the federal government holds the title for the Tribe, effectively removing the land from state and local jurisdiction and treating it as sovereign Tribal land—a reservation. However, there’s a catch: the land must be located within Southampton County, Virginia, and the Tribe must have owned it on or before January 1, 2007. Any land acquired after that date is excluded from this specific process. This provision solidifies the Tribe’s land base and jurisdiction, which is foundational for self-governance and economic planning.

The Catch: Gaming is Off the Table

While the bill grants federal recognition, it explicitly limits one major economic avenue that many other recognized tribes use: gaming. Section 8 states clearly that the Tribe cannot conduct gaming operations based on general federal law, including the Indian Gaming Regulatory Act (IGRA). This means the Tribe cannot open a casino or other gaming establishment under the same rules that apply to most other federally recognized tribes. This specific exclusion means that while the Tribe gains access to services, a potentially lucrative path to economic self-sufficiency often associated with federal recognition is blocked by this Act. This is a notable deviation from the norm for newly recognized tribes.

Preserving Existing Rights

Finally, the Act makes sure that nothing in this legislation changes the Tribe’s or its citizens’ existing rights related to hunting, fishing, trapping, gathering, or water usage (Sec. 9). If they had a right to fish in a certain river or gather specific plants before this law, those rights remain exactly as they were. This prevents the new federal status from accidentally complicating or undermining long-held, established natural resource rights.