Nottoway Indian Tribe of Virginia Federal Recognition Act
The Nottoway Indian Tribe of Virginia Federal Recognition Act would grant federal recognition to the Nottoway Indian Tribe of Virginia, Incorporated. This makes the tribe and its members eligible for the full range of federal programs and services available to federally recognized tribes, and it places certain conditions on how land can be held in trust and used. The bill also sets parameters for who is considered a tribal member, how the tribe is governed, and where land may be placed in trust to form a reservation. Importantly, it includes a clear prohibition on gaming under federal or tribe-specific authority, and it preserves existing rights related to hunting, fishing, water, and the Indian Child Welfare Act. The act outlines a process to place eligible tribal lands into federal trust within specific Virginia counties (and within timeframes), and it defines the tribe’s service area for federal programs as a defined set of Virginia counties. It also defers to the tribe’s own membership rolls and governing documents as the basis for who is recognized as a tribal member and who can participate in the tribe’s governance.
Key Points
- 1Federal recognition and applicability of federal Indian law
- 2- The bill grants federal recognition to the Nottoway Indian Tribe of Virginia, Incorporated, with federal laws governing Indians and tribes applying to the Tribe and its members, consistent with the Act.
- 3Membership and governing documents
- 4- The Tribe’s current membership rolls and governing documents will control who is a tribal member and who can participate in governance, as of the date of enactment. The act also allows for members added to rolls under the act’s provisions.
- 5Governance
- 6- The tribe’s current governing body remains in place, or any later governance elected under the tribe’s own procedures, as the official tribal government.
- 7Land into trust and reservation
- 8- The Secretary of the Interior may take land into trust for the Tribe in two cases: (1) land the Tribe already holds in fee simple acquired before 2022, located in specified Virginia counties; and (2) land the Tribe acquires in these counties in the future. Land placed in trust can be considered part of the Tribe’s reservation at the Tribe’s request.
- 9- A final determination on future land-in-trust requests must be issued within three years of a formal request, and the decision is shared with the Tribe.
- 10Gaming and other rights
- 11- The Tribe may not conduct gaming under inherent authority or under the Indian Gaming Regulatory Act or related regulations.
- 12- The act does not expand or diminish hunting, fishing, trapping, gathering, or water rights, nor does it change the application of the Indian Child Welfare Act.