[Senate Report 114-141]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 221
114th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      114-141

======================================================================



 
 THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT 
                                OF 2015

                                _______
                                

               September 10, 2015.--Ordered to be printed

                                _______
                                

   Mr. Barrasso, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 465]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 465) to extend Federal recognition to the Chickahominy 
Indian Tribe, the Chickahominy Indian Tribe--Eastern Division, 
the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the 
Monacan Indian Nation, and the Nansemond Indian Tribe, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 465 is to provide federal recognition to 
six tribes in the Commonwealth of Virginia--the Chickahominy 
Indian Tribe, the Chickahominy Indian Tribe--Eastern Division, 
the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the 
Monacan Indian Nation, and the Nansemond Indian Tribe, and make 
applicable to these groups and their members all laws that are 
generally applicable to American Indians and federally 
recognized Indian tribes.

                          NEED FOR LEGISLATION

    Although there is a Federal regulatory process by which an 
Indian group may obtain Federal recognition (described below), 
the ability of a group to meet the regulatory requirements is 
highly dependent upon the availability of documentary evidence 
and records. The six Virginia tribal groups proposed for 
recognition in S. 465 maintain that the unique history of the 
Commonwealth of Virginia and its relations with these groups 
prevents the tribes from being able to meet the level of 
documentary evidence required by the Department of the Interior 
(Department).
    Many of the courthouses that housed records and documents 
related to these tribal groups burned during the Civil War, 
making records up to the late 1800s difficult to find.\1\ 
Additionally, through the Racial Integrity Act of 1924, the 
Commonwealth of Virginia required all segments of the 
population to be registered at birth in one of two categories: 
``White'' or ``Colored.''\2\ The ``Colored'' category was 
mandated for all persons determined to be non-White, regardless 
of race or ethnicity.\3\ Officials from the State's Bureau of 
Vital Statistics interpreted the law as allowing them to 
retroactively change a person's birth certificate to the 
``Colored'' category if they believed there was evidence that 
the person was not ``fully'' White.\4\
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    \1\Rountree, Helen C., Ph.D., A Brief History of the Six Indian 
Tribes Requesting Federal Acknowledgment.
    \2\Legislative Hearing on S. 724, Little Shell Tribe of Chippewa 
Indians Restoration Act of 2007; S. 514, Muskogee Nation of Florida 
Federal Recognition Act; S. 1058, Grand River Bands of Ottawa Indians 
of Michigan Referral Act; and H.R. 1294, Thomasina E. Jordan Indian 
Tribes of Virginia Federal Recognition Act of 2007. Before the S. Comm. 
On Indian Affairs. 110th Cong. 2 (2008) (Statement of Timothy M. Kaine, 
Governor of the Commonwealth of Virginia).
    \3\Id.
    \4\Id.
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    While the primary target of the Racial Integrity Act of 
1924 was the African American community,\5\ some saw the 
Virginia Indian community as a threat because, as long as a 
person had not more than \1/16\ Indian blood quantum, the 
Racial Integrity Act of 1924 allowed persons of White and 
Virginia Indian ancestry to be classified as ``White''.\6\ 
Supporters of the law--including Dr. Walter Plecker, the 
Registrar for Virginia's Bureau of Vital Statistics--saw this 
exception for Indians as an opportunity for persons of mixed 
heritage to move from the ``Colored'' category to the ``White'' 
category.\7\ Officials from the State's Bureau of Vital 
Statistics actively sought to denigrate persons of Virginia 
Indian descent and deny them the right to identify as 
``Indians'' or ``White'', instead forcing them to be declared 
``Colored''.\8\
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    \5\To Extend Federal Recognition to the Chickahominy Tribe, The 
Chickahominy Indian Tribe--Eastern Division, the Upper Mattaponi Tribe, 
The Rappahannock Tribe, Inc., the Monacan Tribe, and the Nansemond 
Tribe Before the Senate Committee on Indian Affairs, 107th Congress 2, 
74-76 and 111-116 (2002) (statement of Danielle Moretti-Langholtz, 
Ph.D., American Indian Resource Center, coordinator).
    \6\Section 5 of 1924 Racial Integrity Act.
    \7\Legislative Hearing on S. 724; S. 514; S. 1058; and H.R. 1294. 
Before the S. Comm. On Indian Affairs. 110th Cong. 2 (2008) (Statement 
of Timothy M. Kaine, Governor of the Commonwealth of Virginia).
    \8\Moretti-Langholtz, supra note 4.
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    The Racial Integrity Act of 1924 remained in effect until 
1967, when the United States Supreme Court declared it 
unconstitutional in Loving v. Virginia (388 U.S. 1). In 1997, 
Virginia Governor George Allen signed into law a bill allowing 
Virginia Indians to correct their birth records.\9\ However, 
the six Virginia tribes proposed for recognition in S. 465 
contend that the existence of the law for several decades makes 
it unlikely that adequate documentation exists to meet 
Department regulations governing acknowledgment of Indian 
groups.\10\
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    \9\Legislative Hearing on S. 724; S. 514; S. 1058; and H.R. 1294. 
Before the S. Comm. On Indian Affairs. 110th Cong. 2 (2008) (Statement 
of Timothy M. Kaine, Governor of the Commonwealth of Virginia).
    \10\Such declarations were made prior to the Department's 
publication of new regulations in July 2015 reforming the Federal 
acknowledgement process.
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    The Commonwealth of Virginia has strongly supported 
extending Federal recognition to the six Virginia groups listed 
in S. 465. During the 109th Congress, former Governor George 
Allen, then-Senator, introduced S. 480, which would have 
granted Federal recognition to the six groups listed in S. 465.

                               BACKGROUND

History of federally recognizing Indian tribes

    The act of federally recognizing an Indian tribe is highly 
significant. It is an affirmation by the United States of the 
existence of a formal government-to-government relationship 
between the United States and the tribe. Once federally 
recognized, a tribe and its members have access to Federal 
benefits and programs, and the tribal government incurs a 
formal responsibility to its members as the primary governing 
body of the community.
    Before Congress ended the practice of treaty-making with 
Indian tribes in 1871, treaties were the usual manner of 
recognizing a government-to-government relationship between the 
United States and an Indian tribe. Since the conclusion of this 
practice, the United States has recognized Indian tribes by 
legislation, executive orders, and administrative decisions. 
Additionally, Federal courts may clarify the status of an 
Indian group.
    In order to provide a uniform and consistent process by 
which an Indian tribe may be federally recognized, the 
Department of the Interior (Department) developed an 
administrative process in 1978 to allow Indian groups to 
petition for formal acknowledgment of a government-to-
government relationship with the United States. Standards and 
procedures for this process were set forth in Part 83 of Title 
25 of the Code of Federal Regulations (Part 83 or the Federal 
acknowledgement process). These regulations, as amended in 
1994, required a petitioner to satisfy seven mandatory 
requirements, including:
          (1) The petitioner ``has been identified as an 
        American Indian entity on a substantially continuous 
        basis since 1900'';
          (2) A predominant portion of the petitioning ``group 
        comprises a distinct community and has existed as a 
        community from historical times until the present'';
          (3) The petitioner has ``maintained political 
        influence or authority over its members as an 
        autonomous entity from historical times to the 
        present'';
          (4) The group must ``provide a copy of its present 
        governing documents and membership criteria'';
          (5) The petitioner's ``membership consists of 
        individuals who descend from a historical Indian tribe 
        or from historical Indian tribes which combined and 
        functioned as a single autonomous political entity'';
          (6) The ``membership of the petitioning group is 
        composed principally of persons who are not members of 
        any acknowledged North American Indian tribe'' and do 
        not maintain a bilateral political relationship with 
        the acknowledge tribe; and
          (7) ``Neither the petitioner nor its members are the 
        subject of congressional legislation that has expressly 
        terminated or forbidden the Federal relationship''.\11\
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    \11\See 59 Fed. Reg. 94-3934. (February 25, 1994).
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    The Department issued new Part 83 regulations on July 1, 
2015.\12\
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    \12\80 Fed. Reg. 37861 (July 1, 2015).
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History of changes made to the department's Part 83 regulations

    The Federal acknowledgement process has been criticized as 
``broken'' for decades.\13\ Nonetheless, until the Department's 
recent effort to reform Part 83 (discussed below), there have 
been only a handful of changes made to the Federal 
acknowledgement process since its inception.\14\
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    \13\See 80 Fed. Reg. 37862.
    \14\Examples of changes made to the process prior to recent reform 
efforts include regulations clarifying the evidence needed to support a 
recognition petition, 59 Fed. Reg. 94-3934 (February 25, 1994); a 
notice regarding internal BIA processing of federal acknowledgment 
petitions, 65 Fed. Reg. 7052-53 (February 11, 2000); and a notice 
providing guidance and direction to streamline the process, 73 Fed. 
Reg. 30146 (May 23, 2008).
---------------------------------------------------------------------------
    Complaints about the Department's Federal acknowledgement 
process have centered primarily on the high cost of gathering 
documentary evidence to meet the seven mandatory criteria, the 
length of time it takes the Department to review a petition, 
and the Department's inconsistent application of the listed 
criteria.\15\ Of the 567 tribes that have been federally 
recognized, only 18 have been acknowledged through the Part 83 
process.
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    \15\See 80 Fed. Reg. 37861 (July 1, 2015).
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    Since 1970, Congress has passed legislation to federally 
recognize or reaffirm 17 Indian tribes.\16\ To date, the 
Department has issued 50 decisions under the Part 83 process, 
including one decision issued after new Part 83 regulations 
were published in July 2015.\17\
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    \16\See Tonto Apache Tribe of Arizona, Pub. L. 92-470 (1972); Modoc 
Tribe of Oklahoma, Pub. L. 95-281 (1978); Pasqua Yaqui Tribe of 
Arizona, Pub. L. 95-375 (1978); Houlton Band of Maliseet Indians of 
Maine, Pub. L. 96-420 (1980); Cow Creek Band of Umpqua Indians of 
Oregon, Pub. L. 97-391; Kickapoo Traditional Tribe of Texas, Pub. L. 
97-429 (1983); Mashantucket Pequot Tribe of Connecticut, Pub. L. 98-134 
(1983); Ysleta Del Sur Pueblo of Texas, Pub. L. 100-89 (1987); Lac 
Vieux Desert Band of Lake Superior Chippewa Indians of Michigan, Pub. 
L. 100-420 (1988); Coquille Tribe of Oregon, Pub. L. 101-42 (1989); 
Aroostook Band of Micmac Indians of Maine, Pub. L. 102-171 (1991); 
Pokagon Band of Potawatomi Indians of Michigan, Pub. L. 103-323 (1994); 
Little River Band of Ottawa Indians of Michigan, Pub. L. 103-324 
(1994); Little Traverse Band of Odawa Indians of Michigan, Pub. L. 103-
324 (1994); Central Council of the Tlingit & Haida Indian Tribes of 
Alaska, Pub. L. 103-454 (1994); Graton Rancheria of California, Pub. L. 
106-568 (2000); and Loyal Shawnee Tribe of Oklahoma, Pub. L. 106-568 
(2000).
    \17\The Department of the Interior issued a final determination 
recognizing the Pamunkey Indian Tribe, see 80 Fed. Reg. 39144 (July 2, 
2015).
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Recent developments

    On June 21, 2013, the Assistant Secretary--Indian Affairs 
(AS-IA) released a Discussion Draft proposing changes to Part 
83. The related comment period closed on September 30, 2013. On 
May 29, 2014, the AS-IA published a Proposed Rule in the 
Federal Register. The Department received substantial input 
from tribes, state and local governments, and the public, 
during the associated comment period, which closed on September 
30, 2014.\18\
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    \18\See U.S. Department of the Interior, News Release, Department 
of the Interior Announces Final Federal Recognition Process to 
Acknowledge Indian Tribes (June 29, 2015) (stating that more than 2,800 
commenters provided input on the Discuss Draft, and that there were 
over 330 unique comments on the Proposed Rule). The Department also 
received feedback from tribes during consultations and public meetings. 
Id.
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    Ultimately, the Department published a Final Rule on July 
1, 2015, which took effect on July 31, 2015.\19\ Assistant 
Secretary Washburn also issued a policy statement indicating 
that the Department will rely on the new Part 83 process as the 
``sole administrative avenue'' for Federal acknowledgement for 
tribes.\20\
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    \19\80 Fed. Reg. 37861 (July 1, 2015).
    \20\80 Fed. Reg. 37538-39. (July 1, 2015).
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    According to the Department, the Final Rule preserves the 
existing standard of proof and seven mandatory criteria to 
``maintain the substantive rigor and integrity of the Part 83 
process.''\21\ In order to promote timeliness and efficiency, 
the Final Rule provides for a two-phased review of petitions 
that establishes certain threshold criteria and may result in 
the earlier issuance of final decisions, as well as a uniform 
evaluation period (1900 to present) to satisfy the tribal 
identification, community and political authority criteria.\22\ 
The Final Rule is intended to promote efficiency by providing 
for limited reconsideration of final agency determinations.\23\ 
The Department states that the Final Rule promotes fairness and 
consistency by providing that prior decisions finding evidence 
or methodology sufficient to satisfy any particular criterion 
will also be sufficient for a petitioner under the new Part 83 
process.\24\ It also states that the Final Rule promotes 
transparency by providing for increased public access to 
petitions for Federal acknowledgement and associated public 
materials and, in the case of a negative proposed finding, 
providing petitioners the opportunity for a hearing.\25\
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    \21\80 Fed. Reg. 37861 (July 1, 2015).
    \22\Id.
    \23\Id.
    \24\Id.
    \25\Id.
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    Indian tribes that applied for federal acknowledgment prior 
to publication of the Final Rule on July 1, 2015, are allowed 
to choose to have the Department evaluate their application 
under the previous application process or the new application 
process.\26\
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    \26\80 Fed. Reg. 37861 (July 1, 2015).
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    Since the Final Rule was published, one Indian tribe has 
been federally recognized.\27\
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    \27\The Department of the Interior issued a final determination 
recognizing the Pamunkey Indian Tribe on July 2, 2015. See 80 Fed. Reg. 
39144.
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                          LEGISLATIVE HISTORY

    S. 465 was introduced by Senators Tim Kaine [D-VA] and Mark 
Warner [D-VA] on February 11, 2015. The bill was read twice and 
referred to the Committee on Indian Affairs. On March 18, 2015, 
the Committee held a business meeting to discuss the measure, 
and ordered the bill to be reported favorably, without 
amendment. Chairman Barrasso recorded a vote opposing the 
measure.
    A companion bill, H.R. 872, was introduced by 
Representative Robert J. Wittman [R-VA] on February 11, 2015, 
with three original cosponsors, including Representatives 
Gerald Connolly [D-VA], Robert Scott [D-VA], and Donald Beyer 
[D-VA]. On March 16, 2015, the bill was referred to the 
Subcommittee on Indian, Insular and Alaska Native Affairs.
    Legislation similar to S. 465 was also introduced in the 
107th, 108th, 109th, 110th, 111th, and 112th Congresses.

                      SECTION-BY-SECTION ANALYSIS

                   TITLE I--CHICKAHOMINY INDIAN TRIBE

Section 101--Findings

    This section lists Congressional findings.

Section 102--Definitions

    This section defines key terms.

Section 103--Federal recognition

    This section extends Federal recognition to the 
Chickahominy Tribe, making the Tribe and its members eligible 
for all services and benefits provided by the Federal 
government to federally recognized Indian tribes and their 
members. This section also establishes a Federal service area 
for the Tribe.

Section 104--Membership; governing documents

    This section states that the membership roll and governing 
documents of the Tribe shall be the most recent membership roll 
and governing documents, submitted to the Secretary before the 
date of enactment of this Act.

Section 105--Governing body

    This section states that the governing body of the Tribe 
shall be either the governing body in place at the time of the 
enactment of this Act, or a governing body that is elected in 
accordance with the election procedures specified in the 
Tribe's governing documents.

Section 106--Reservation of the Tribe

    This section requires that, upon request by the Tribe, the 
Secretary take into trust any land held in fee by the Tribe 
that was acquired by the Tribe on or before January 1, 2007, 
and is located in New Kent County, James City County, Charles 
City County or Henrico County, Virginia.
    This section further permits the Secretary to take other 
land held in fee by the Tribe into trust for the benefit of the 
Tribe, if such lands are located in New Kent County, James City 
County, Charles City County or Henrico County, Virginia. The 
Secretary must make a final determination not later than three 
years from the date the Tribe submits a request for land to be 
taken into trust, and must immediately make that determination 
available to the Tribe.
    This section provides that any land taken into trust 
pursuant to this section shall, upon request of the Tribe, be 
considered part of the reservation of the Tribe.
    This section restricts the Tribe's ability to conduct 
gaming activities.

Section 107--Hunting, fishing, trapping, gathering, and water rights

    This section states that nothing in this title expands, 
reduces, or affects in any manner any hunting, fishing, 
trapping, gathering, or water rights of the Tribe or its 
members.

         TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

Section 201--Findings

    This section lists Congressional findings.

Section 202--Definitions

    This section defines key terms.

Section 203--Federal recognition

    This section extends Federal recognition to the 
Chickahominy Tribe--Eastern Division, making the Tribe and its 
members eligible for all services and benefits provided by the 
Federal government to federally recognized Indian tribes and 
their members. This section also establishes a Federal service 
area for the Tribe.

Section 204--Membership; governing documents

    This section states that the membership roll and governing 
documents of the Tribe shall be the most recent membership roll 
and governing documents, submitted to the Secretary before the 
date of enactment of this Act.

Section 205--Governing body

    This section states that the governing body of the Tribe 
shall be either the governing body in place at the time of the 
enactment of this Act, or a governing body that is elected in 
accordance with the election procedures specified in the 
Tribe's governing documents.

Section 206--Reservation of the Tribe

    This section requires that, upon request by the Tribe, the 
Secretary take into trust any land held in fee by the Tribe 
that was acquired by the Tribe on or before January 1, 2007, 
and is located in New Kent County, James City County, Charles 
City County or Henrico County, Virginia.
    This section further permits the Secretary to take other 
land held in fee by the Tribe into trust for the benefit of the 
Tribe, if such lands are located in New Kent County, James City 
County, Charles City County or Henrico County, Virginia. The 
Secretary must make a final determination not later than three 
years from the date the Tribe submits a request for land to be 
taken into trust, and must immediately make that determination 
available to the Tribe.
    This section provides that any land taken into trust 
pursuant to this section shall, upon request of the Tribe, be 
considered part of the reservation of the Tribe.
    This section restricts the Tribe's ability to conduct 
gaming activities.

Section 207--Hunting, fishing, trapping, gathering, and water rights

    This section states that nothing in this title expands, 
reduces, or affects in any manner any hunting, fishing, 
trapping, gathering, or water rights of the Tribe or its 
members.

                    TITLE III--UPPER MATTAPONI TRIBE

Section 301--Findings

    This section lists Congressional findings.

Section 302--Definitions

    This section defines key terms.

Section 303--Federal recognition

    This section extends Federal recognition to the Upper 
Mattaponi Tribe, making the Tribe and its members eligible for 
all services and benefits provided by the Federal government to 
federally recognized Indian tribes and their members. This 
section also establishes a Federal service area for the Tribe.

Section 304--Membership; governing documents

    This section states that the membership roll and governing 
documents of the Tribe shall be the most recent membership roll 
and governing documents, submitted to the Secretary before the 
date of enactment of this Act.

Section 305--Governing body

    This section states that the governing body of the Tribe 
shall be either the governing body in place at the time of the 
enactment of this Act, or a governing body that is elected in 
accordance with the election procedures specified in the 
Tribe's governing documents.

Section 306--Reservation of the Tribe

    This section requires that, upon request by the Tribe, the 
Secretary take into trust any land held in fee by the Tribe 
that was acquired by the Tribe on or before January 1, 2007, 
and is located in King William County, Caroline County, Hanover 
County, King and Queen County, and New Kent County, Virginia.
    This section further permits the Secretary to take other 
land held in fee by the Tribe into trust for the benefit of the 
Tribe, if such lands are located in King William County, 
Caroline County, Hanover County, King and Queen County, and New 
Kent County, Virginia. The Secretary must make a final 
determination not later than three years from the date the 
Tribe submits a request for land to be taken into trust, and 
must immediately make that determination available to the 
Tribe.
    This section provides that any land taken into trust 
pursuant to this section shall, upon request of the Tribe, be 
considered part of the reservation of the Tribe.
    This section restricts the Tribe's ability to conduct 
gaming activities.

Section 307--Hunting, fishing, trapping, gathering, and water rights

    This section states that nothing in this title expands, 
reduces, or affects in any manner any hunting, fishing, 
trapping, gathering, or water rights of the Tribe or its 
members.

                   TITLE IV--RAPPAHANNOCK TRIBE, INC.

Section 401--Findings

    This section lists Congressional findings.

Section 402--Definitions

    This section defines key terms.

Section 403--Federal recognition

    This section extends Federal recognition to the 
Rappahannock Tribe, Inc., making the Tribe and its members 
eligible for all services and benefits provided by the Federal 
government to federally recognized Indian tribes and their 
members. This section also establishes a Federal service area 
for the Tribe.

Section 404--Membership; governing documents

    This section states that the membership roll and governing 
documents of the Tribe shall be the most recent membership roll 
and governing documents, submitted to the Secretary before the 
date of enactment of this Act.

Section 405--Governing body

    This section states that the governing body of the Tribe 
shall be either the governing body in place at the time of the 
enactment of this Act, or a governing body that is elected in 
accordance with the election procedures specified in the 
Tribe's governing documents.

Section 406--Reservation of the Tribe

    This section requires that, upon request by the Tribe, the 
Secretary take into trust any land held in fee by the Tribe 
that was acquired by the Tribe on or before January 1, 2007, 
and is located in King and Queen County, Stafford County, 
Spotsylvania County, Richmond County, Essex County and Caroline 
County, Virginia.
    This section further permits the Secretary to take other 
land held in fee by the Tribe into trust for the benefit of the 
Tribe, if such lands are located in King and Queen County, 
Richmond County, Lancaster County, King George County, Essex 
County, Caroline County, New Kent County, King William County 
and James City County, Virginia. The Secretary must make a 
final determination not later than three years from the date 
the Tribe submits a request for land to be taken into trust, 
and must immediately make that determination available to the 
Tribe.
    This section provides that any land taken into trust 
pursuant to this section shall, upon request of the Tribe, be 
considered part of the reservation of the Tribe.
    This section restricts the Tribe's ability to conduct 
gaming activities.

Section 407--Hunting, fishing, trapping, gathering, and water rights

    This section states that nothing in this title expands, 
reduces, or affects in any manner any hunting, fishing, 
trapping, gathering, or water rights of the Tribe or its 
members.

                     TITLE V--MONACAN INDIAN NATION

Section 501--Findings

    This section lists Congressional findings.

Section 502--Definitions

    This section defines key terms.

Section 503--Federal recognition

    This section extends Federal recognition to the Monacan 
Indian Nation, making the Tribe and its members eligible for 
all services and benefits provided by the Federal government to 
federally recognized Indian tribes and their members. This 
section also establishes a Federal service area for the Tribe.

Section 504--Membership; governing documents

    This section states that the membership roll and governing 
documents of the Tribe shall be the most recent membership roll 
and governing documents, submitted to the Secretary before the 
date of enactment of this Act.

Section 505--Governing body

    This section states that the governing body of the Tribe 
shall be either the governing body in place at the time of the 
enactment of this Act, or a governing body that is elected in 
accordance with the election procedures specified in the 
Tribe's governing documents.

Section 506--Reservation of the Tribe

    This section requires that, upon request by the Tribe, the 
Secretary take into trust any land held in fee by the Tribe 
that was acquired by the Tribe on or before January 1, 2007, 
and is located in Amherst, Virginia.
    This section further permits the Secretary to take other 
land held in fee by the Tribe into trust for the benefit of the 
Tribe, if such lands are located in Amherst County, Virginia, 
and those parcels in Rockbridge County, Virginia (subject to 
the consent of the local government), owned by Mr. J. Poole, 
described as East 731 Sandbridge and East 731. The Secretary 
must make a final determination not later than three years from 
the date the Tribe submits a request for land to be taken into 
trust, and must immediately make that determination available 
to the Tribe.
    This section provides that any land taken into trust 
pursuant to this section shall, upon request of the Tribe, be 
considered part of the reservation of the Tribe.
    This section restricts the Tribe's ability to conduct 
gaming activities.

Section 507--Hunting, fishing, trapping, gathering, and water rights

    This section states that nothing in this title expands, 
reduces, or affects in any manner any hunting, fishing, 
trapping, gathering, or water rights of the Tribe or its 
members.

                    TITLE VI--NANSEMOND INDIAN TRIBE

Section 601--Findings

    This section lists Congressional findings.

Section 602--Definitions

    This section defines key terms.

Section 603--Federal recognition

    This section extends Federal recognition to the Nansemond 
Indian Tribe, making the Tribe and its members eligible for all 
services and benefits provided by the Federal government to 
federally recognized Indian tribes and their members. This 
section also establishes a Federal service area for the Tribe.

Section 604--Membership; governing documents

    This section states that the membership roll and governing 
documents of the Tribe shall be the most recent membership roll 
and governing documents, submitted to the Secretary before the 
date of enactment of this Act.

Section 605--Governing body

    This section states that the governing body of the Tribe 
shall be either the governing body in place at the time of the 
enactment of this Act, or a governing body that is elected in 
accordance with the election procedures specified in the 
Tribe's governing documents.

Section 606--Reservation of the Tribe

    This section requires that, upon request by the Tribe, the 
Secretary take into trust any land held in fee by the Tribe 
that was acquired by the Tribe on or before January 1, 2007, 
and is located in the City of Suffolk, the City of Chesapeake, 
or Isle of Wight County, Virginia.
    This section further permits the Secretary to take other 
land held in fee by the Tribe into trust for the benefit of the 
Tribe, if such lands are located in the City of Suffolk, the 
City of Chesapeake, or Isle of Wight County, Virginia. The 
Secretary must make a final determination not later than three 
years from the date the Tribe submits a request for land to be 
taken into trust, and must immediately make that determination 
available to the Tribe.
    This section provides that any land taken into trust 
pursuant to this section shall, upon request of the Tribe, be 
considered part of the reservation of the Tribe.
    This section restricts the Tribe's ability to conduct 
gaming activities.

Section 607--Hunting, fishing, trapping, gathering, and water rights

    This section states that nothing in this title expands, 
reduces, or affects in any manner any hunting, fishing, 
trapping, gathering, or water rights of the Tribe or its 
members.

                       TITLE VII--EMINENT DOMAIN

Section 701--Limitation

    This section states that eminent domain may not be used to 
acquire lands in fee or in trust for an Indian tribe recognized 
under this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated March 26, 2015, was prepared 
for S. 465:

S. 465--Thomasina E. Jordan Indian Tribes of Virginia Federal 
        Recognition Act of 2015

    Summary: S. 465 would provide federal recognition to six 
Indian tribes in Virginia--the Chickahominy Indian Tribe, the 
Eastern Division of the Chickahominy Indian Tribe, the Upper 
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan 
Indian Nation, and the Nansemond Indian Tribe. Federal 
recognition would make the tribes eligible to receive benefits 
from various federal programs.
    CBO estimates that implementing this legislation would cost 
$78 million over the 2016-2020 period, assuming appropriation 
of the necessary funds. Enacting S. 465 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    S. 465 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 465 is shown in the following table. The 
costs of this legislation fall within budget functions 450 
(community and regional development) and 550 (health).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2016    2017    2018    2019    2020   2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Department of the Interior :
    Estimated Authorization Level............................       6       6       6       6       6        30
    Estimated Outlays........................................       4       6       6       6       6        29
Indian Health Service:
    Estimated Authorization Level............................       9      10      10      10      11        50
    Estimated Outlays........................................       8      10      10      10      11        49
    Total Changes:
        Estimated Authorization Level........................      15      16      16      17      17        81
        Estimated Outlays....................................      13      16      16      17      17        78
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that S. 
465 will be enacted in 2015, that the necessary amounts will be 
appropriated each year, and that outlays will follow historical 
patterns for similar assistance to other tribes.
    S. 465 would provide federal recognition to six Indian 
tribes in Virginia. Such recognition would allow those tribes 
and about 4,800 tribal members (including members of other 
federally recognized tribes who live far from their own tribal 
service area, but close to the service area of the tribes that 
would be recognized under S. 465) to receive benefits from 
various programs administered by the Department of the Interior 
(DOI) and the Indian Health Service (IHS). Based on the average 
per capita expenditures by those agencies for other Indian 
tribes, CBO estimates that implementing S. 465 would cost $78 
million over the 2016-2020 period, assuming appropriation of 
the necessary funds.

Department of the Interior

    DOI, primarily through the Bureau of Indian Affairs, 
provides funding to federally recognized tribes for various 
purposes, including child welfare services, adult care, 
community development, and general assistance. In total, CBO 
estimates that providing those services to the six tribes would 
cost $29 million over the 2016-2020 period, assuming 
appropriation of the necessary funds and adjusting for 
anticipated inflation. This estimate is based on current per 
capita expenditures of around $1,200 for other federally 
recognized tribes located in the eastern states.

Indian Health Service

    S. 465 also would make members of the tribes eligible to 
receive health benefits from the IHS. Based on information from 
the IHS, CBO estimates that about 55 percent of tribal 
members--or about 2,650 people--would receive benefits each 
year. CBO assumes that the cost to serve those individuals 
would be similar to costs for current IHS beneficiaries--about 
$3,300 per individual in 2015. Assuming appropriation of the 
necessary funds and adjusting for anticipated inflation, CBO 
estimates that IHS benefits for the tribes would cost $49 
million over the 2016-2020 period.

Other Federal Agencies

    In addition to DOI and IHS funding, certain Indian tribes 
also receive support from other federal programs within the 
Departments of Education, Housing and Urban Development, Labor, 
and Agriculture. Based on their status as tribes recognized by 
Virginia, the tribes specified in the bill are already eligible 
to receive support from those departments. Thus, CBO estimates 
that implementing S. 465 would not increase spending from those 
agencies' programs.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 465 
contains no intergovernmental or private-sector mandates as 
defined in UMRA.
    Estimate prepared by: Federal Costs: Martin von Gnechten--
Bureau of Indian Affairs; Robert Stewart--Indian Health 
Service; Impact on State, Local, and Tribal Governments: 
Melissa Merrell; Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 465 will 
have a minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 465.

                 ADDITIONAL VIEWS OF CHAIRMAN BARRASSO

    The decision to federally recognize an Indian tribe is 
extremely important, with far-reaching implications for the 
group seeking recognition and its members, other Indian tribes, 
and the United States government. To maintain the import and 
integrity of this unique status, related decision-making should 
be as fair and transparent as possible. In my view, this is 
best achieved through careful and consistent analysis by 
technical experts with specialized training--historians, 
anthropologists, genealogists, and other professionals, 
applying regulations that have been developed for this very 
purpose.
    This Committee has held numerous hearings on the Federal 
acknowledgment process. Testimony from these hearings makes 
clear that, prior to recent revisions to Part 83 regulations, 
the Federal acknowledgment process was protracted, inefficient, 
costly, and unpredictable.
    To be sure, the Part 83 process has been flawed for some 
time, and some groups have suffered immensely as a result. With 
this in mind, it is easy to understand why some groups might 
try to avoid the administrative process by seeking recognition 
through the Congress.
    Nonetheless, in my view, the best way to address flaws in 
the Part 83 process--the solution that is most practical, most 
transparent, and would allow for thorough and fair analysis of 
every Federal acknowledgement petition--is to improve the Part 
83 process.
    I have long supported the consistent application of an 
improved administrative process for Federal recognition 
decisions. Unfortunately, this bill represents a step in the 
opposite direction.
    The Department has acknowledged the need to improve the 
Federal acknowledgment process, and I am hopeful that recent 
changes to Part 83 regulations will address the recurring 
concerns highlighted above.
                        CHANGES IN EXISTING LAW

    In accordance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that the 
enactment of S. 465 will not make any changes in existing law.

                                  [all]