Nottoway Tribe Gains Federal Recognition But Must Forfeit All Casino Gaming Rights

This legislation, titled the Nottoway Indian Tribe of Virginia Federal Recognition Act, officially grants federal recognition to the Nottoway Indian Tribe of Virginia. What does that actually mean? Starting on the day this bill becomes law, the Tribe and its members become eligible for all the federal services and benefits—like healthcare, housing, and education programs—that are typically offered to federally recognized tribes (Sec. 4). This recognition is a massive step, confirming their status under federal law and opening doors to resources they previously couldn't access.

The Service Area and the Land Trust Mandate

To make sure these new federal services can actually be delivered, the bill carves out a specific service area covering seven Virginia counties: Nottoway, Southampton, Sussex, Surry, Isle of Wight, Franklin, and Dinwiddie (Sec. 4). More importantly, the Act addresses land. If the Tribe asks, the Secretary of the Interior must take into federal trust any land the Tribe already owned in fee simple on or before January 1, 2022, provided it’s within six of those seven counties (Sec. 7). This mandatory land-into-trust provision is a big deal, securing a land base for the Tribe, though it does create a hard cutoff date; any land acquired after the start of 2022 is subject to a discretionary review by the Secretary, who then has three years to issue a final decision (Sec. 7).

The Major Catch: No Gaming Allowed

Here’s where the legislation takes a very unusual turn compared to most federal recognition acts. Section 8 explicitly states that the Tribe is not allowed to conduct or regulate any gaming activities. This isn't just about casinos; it prohibits gaming based on inherent tribal authority and specifically excludes them from the Indian Gaming Regulatory Act (IGRA). For busy people, this is the policy equivalent of giving someone a new business license but banning them from the most profitable industry in their sector. While federal recognition opens the door to services, it slams shut the door on a major source of economic self-sufficiency—casino revenue—that many other recognized tribes rely on to fund their government and member services.

Protecting Existing Rights and Families

On the positive side, the bill is careful to protect existing rights. Section 9 ensures that this new federal recognition doesn't change or diminish any existing hunting, fishing, trapping, gathering, or water rights the Tribe or its members already hold. Furthermore, the bill confirms that the Indian Child Welfare Act of 1978 (ICWA) still applies to the Tribe, specifically Section 109, which provides crucial protections for Native American children and families in child welfare proceedings (Sec. 10). Essentially, the bill provides federal status and resources while preserving their traditional resource rights and existing family protections, making only one major exclusion: the right to run gaming operations.