Overview

Title

To extend Federal recognition to the Cheroenhaka (Nottoway) Indian Tribe of Virginia, and for other purposes.

ELI5 AI

H.R. 9630 is a bill that wants to officially recognize the Cheroenhaka (Nottoway) Indian Tribe of Virginia, allowing them to receive special help from the government, but they are not allowed to have casinos.

Summary AI

H.R. 9630 seeks to grant Federal recognition to the Cheroenhaka (Nottoway) Indian Tribe of Virginia, making them eligible for federal services and benefits typically provided to recognized tribes. It acknowledges the tribe's historical presence and connection to their lands, validates their self-government, and respects their current governance. The bill also prohibits the tribe from engaging in gaming activities under federal law and ensures that it does not affect their existing hunting, fishing, and water rights.

Published

2024-09-17
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-09-17
Package ID: BILLS-118hr9630ih

Bill Statistics

Size

Sections:
9
Words:
1,635
Pages:
8
Sentences:
60

Language

Nouns: 536
Verbs: 91
Adjectives: 68
Adverbs: 23
Numbers: 74
Entities: 172

Complexity

Average Token Length:
4.18
Average Sentence Length:
27.25
Token Entropy:
5.11
Readability (ARI):
15.39

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "Cheroenhaka (Nottoway) Indian Tribe of Virginia Federal Recognition Act," aims to grant federal recognition to the Cheroenhaka (Nottoway) Indian Tribe of Virginia. By extending this recognition, the bill allows the Tribe to be subject to laws and policies applicable to federally recognized Indian Tribes. This includes eligibility for federal services and benefits. The bill outlines various provisions, such as defining key terms, establishing membership criteria, and detailing the process for incorporating land into a tribal reservation. It also explicitly prohibits the Tribe from conducting gaming activities.

Summary of Significant Issues

Several key issues may impact the understanding and implementation of this bill:

  1. Vague References and Lack of Definitions: The term "service area" in Section 4 lacks specific criteria, potentially leading to confusion over where federally provided services will be administered. Similarly, the definition section does not clearly outline how membership and other terms directly apply within the bill's context.

  2. Historical Context: The findings in Section 2 provide historical details about the Tribe but lack sufficient context, making it challenging for readers to understand their present-day relevance.

  3. Gaming Restriction: The bill broadly prohibits gaming activities, which can be a significant economic resource for many tribes. This restriction could undermine potential economic opportunities for the Cheroenhaka (Nottoway) Tribe.

  4. Inefficiencies in Process: The timeline for the Secretary's determination regarding land trust (three years) might be excessive, delaying important land management decisions for the Tribe. Additionally, the bill lacks a monitoring or reporting framework to ensure that Tribal services and benefits are effectively administered.

  5. Update Procedures: The process for maintaining or updating the Tribe's membership roll and governing documents is not articulated, which could lead to governance issues.

Potential Impact on the Public

The bill primarily affects the Cheroenhaka (Nottoway) Indian Tribe and, to a lesser extent, other stakeholders in Virginia. By granting federal recognition, the Tribe will be eligible for various federal programs and support, potentially enhancing their community's welfare and development. Nonetheless, the prohibition of gaming activities could limit economic development opportunities that generally accompany federal recognition for Indian tribes, potentially affecting economic growth and job creation.

Impact on Stakeholders

Positive Impacts:

  • The Cheroenhaka (Nottoway) Tribe will gain access to federal benefits and protections, which may lead to significant improvements in community health, education, and economic opportunities.
  • The Commonwealth of Virginia might benefit indirectly through enhanced state-Tribal relations and potential partnerships arising from the Tribe's federal recognition.

Negative Impacts:

  • Limiting the Tribe's ability to conduct gaming could have negative economic implications, potentially reducing the Tribe’s capacity to independently generate revenue and foster enterprise.
  • Without clarity and maintenance procedures for Tribal governance documents, governmental continuity and administration might face challenges, affecting Tribal leadership and decision-making frameworks.

Overall, while the bill seeks to affirm the Cheroenhaka (Nottoway) Tribe's federal status and facilitate access to vital resources, its success in fostering lasting benefits hinges on addressing identified issues and providing clear implementation strategies.

Issues

  • The term 'service area' in Section 4 is vague without further specification or criteria, which might cause confusion in determining the geographic scope for delivery of services to Tribal citizens. This could impact the clarity and implementation of federal benefits.

  • The prohibition of gaming activities in Sections 7 and 8 is broad but might require additional context or justification, considering its economic importance to some tribes. This restriction could impact the Tribe's economic opportunities.

  • In Section 2, specific historical dates and events are mentioned without providing sufficient context or explanation of their current relevance, potentially making it difficult for readers to understand their significance and applicability.

  • Section 7 mentions the Secretary's deadline for determination (3 years), which might be considered excessive and could delay actions that are time-sensitive for the Tribe, affecting the Tribe's ability to manage its land efficiently.

  • There is no specific mention of a monitoring or reporting mechanism in Section 4 to ensure that services and benefits are being appropriately delivered and utilized, potentially leading to inefficiencies.

  • Section 3 lacks clarity in the definitions, particularly regarding the term 'Tribe,' which implies benefits or responsibilities but does not detail the scope or reasons within the language provided, possibly leading to ambiguity in the bill's implementation.

  • The use of complex historical language in Section 2 could make the bill difficult for some readers to comprehend, potentially limiting public understanding and engagement with the legislation.

  • The process for how the Secretary will make the 'final written determination' in Section 7 for taking land into trust is not clearly outlined, leading to potential disputes if the determination is unfavorable to the Tribe.

  • Section 5 does not specify how the Tribe's membership roll and governing documents are maintained or updated after the enactment of the Act, which could cause legal or administrative issues regarding tribal governance.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill gives it a short title: the “Cheroenhaka (Nottoway) Indian Tribe of Virginia Federal Recognition Act.”

2. Findings Read Opens in new tab

Summary AI

Congress acknowledges the historical and ongoing significance of the Cheroenhaka (Nottoway) Indian Tribe, highlighting their genealogical ties, land ownership, historical treaties, and state recognition. Additionally, it notes the challenges they face due to past reclassifications and their efforts towards gaining federal recognition.

3. Definitions Read Opens in new tab

Summary AI

In this section, the Act defines key terms: "Secretary" refers to the Secretary of the Interior, "Tribal citizen" includes members enrolled in the Tribe by the enactment date and those added to the membership rolls according to the Act, and "Tribe" specifies the Cheroenhaka (Nottoway) Indian Tribe of Virginia.

4. Federal recognition Read Opens in new tab

Summary AI

Federal recognition is given to the Tribe, allowing them to be covered by all U.S. laws that generally apply to Indian Tribes. The Tribe and its citizens can receive federal services and benefits offered to recognized Tribes, regardless of whether they have a reservation, and the service area for these benefits will be decided with the Secretary within 120 days of the Act's enactment.

5. Membership; governing documents Read Opens in new tab

Summary AI

The Tribe's list of members and official rules will be based on the most recent version they sent to the Secretary before this law was passed.

6. Governing body Read Opens in new tab

Summary AI

The section describes that the Tribe's governing body will either be the one in place when the law is enacted or any new governing body elected following the Tribe's established election rules.

7. Reservation of the Tribe Read Opens in new tab

Summary AI

The section allows the Tribe to request that the Secretary of the Interior take certain lands into trust for their benefit if those lands are in Southampton County and were acquired before January 1, 2007. The decision must be made within three years, and the lands can become part of the Tribe's reservation, though the Tribe is not allowed to conduct gaming activities on those lands.

8. Gaming Read Opens in new tab

Summary AI

The Tribe is not allowed to conduct gaming activities either based on their own claimed authority or any federal law like the Indian Gaming Regulatory Act. This restriction includes any regulations made by the Secretary or the National Indian Gaming Commission.

9. Hunting, fishing, trapping, gathering, and water rights Read Opens in new tab

Summary AI

This section states that the Act does not make any changes to the hunting, fishing, trapping, gathering, or water rights of the Tribe or its members.