[Senate Report 115-123]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 161
115th Congress       }                                  {       Report
                                 SENATE
 1st Session         }                                  {      115-123

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



 
 THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT 
                                OF 2017

                                _______
                                

                 June 28, 2017.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 691]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 691) to extend the 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, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 691 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. 691 maintain that the unique history of the Commonwealth of 
Virginia--culminating with the destruction of the tribes' 
records--prevents the tribes from satisfying the level of 
documentary evidence required for Federal acknowledgment 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 Act mandated the ``Colored'' 
category be applied to all persons determined to be non-White, 
regardless of race or ethnicity, including those of Indian 
ancestry.\3\ Further compounding matters, 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 and known 
eugenicist--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 therefore 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.\9\ In 1997, Virginia 
Governor George Allen signed into law a bill allowing Virginia 
Indians to correct their birth records.\10\ However, the six 
Virginia tribes proposed for recognition in S. 691 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.\11\
---------------------------------------------------------------------------
    \9\388 U.S. 1 (1967).
    \10\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).
    \11\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. 691. In 1999, both chambers of the General Assembly urged 
Congress to grant Federal recognition to the tribes. 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. 691. In the 111th Congress, the 
Committee received a letter in support of an identical bill to 
S. 691, signed by then-Governor Tim Kaine and six of the 
previous State Governors.

                               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''.\12\
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    \12\See 59 Fed. Reg. 94-3934. (February 25, 1994).
---------------------------------------------------------------------------
    The Department issued new Part 83 regulations on July 1, 
2015.\13\
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    \13\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.\14\ 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.\15\
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    \14\See 80 Fed. Reg. 37862.
    \15\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).
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    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.\16\ Of the 567 tribes that have been federally 
recognized, only 18 have been acknowledged through the Part 83 
process.
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    \16\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.\17\ 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.\18\
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    \17\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).
    \18\The Department of the Interior issued a final determination 
recognizing the Pamunkey Indian Tribe. See 80 Fed. Reg. 39144 (July 8, 
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.\19\
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    \19\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 Discussion 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.\20\ 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.\21\
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    \20\80 Fed. Reg. 37861 (July 1, 2015).
    \21\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.''\22\ 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.\23\ The Final Rule is intended to promote efficiency 
by providing for limited reconsideration of final agency 
determinations.\24\ 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.\25\ 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.\26\
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    \22\80 Fed. Reg. 37861 (July 1, 2015).
    \23\Id.
    \24\Id.
    \25\Id.
    \26\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.\27\
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    \27\Id.
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    Since the Final Rule was published, one Indian tribe has 
been federally recognized.\28\
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    \28\The Department of the Interior issued a final determination 
recognizing the Pamunkey Indian Tribe on July 2, 2015. See 80 Fed. Reg. 
39144 (July 8, 2015).
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                          LEGISLATIVE HISTORY

    S. 691 was introduced by Senators Tim Kaine [D-VA] and Mark 
Warner [D-VA] on March 8, 2017. The bill was read twice and 
referred to the Committee on Indian Affairs. On May 8, 2017, 
the Committee held a business meeting to discuss the measure, 
and ordered the bill to be reported favorably, without 
amendment.
    A companion bill, H.R. 984, was introduced by 
Representative Robert J. Wittman [R-VA] on February 7, 2017, 
with three original cosponsors, including Representatives 
Gerald Connolly [D-VA], Robert Scott [D-VA], Taylor Scott [R-
VA], and Donald Beyer [D-VA]. Representative Donald McEachin 
joined as a co-sponsor on March 21, 2017. On February 7, 2017, 
H.R. 984 was referred to the Subcommittee on Indian, Insular 
and Alaska Native Affairs. On May 17, 2017 H.R. 984 passed the 
House of Representative under the suspension of the rules, and 
was passed by a voice vote.
    Similar Federal recognition legislation has been introduced 
each Congress since the 107th Congress for the Virginia Tribes.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 sets forth the short title of this bill as the 
``Thomasina E. Jordan Indian Tribes of Virginia Federal 
Recognition Act of 2017''.

Section 2. Indian Child Welfare Act of 1978

    Section 2 ensures the bill does not affect the Indian Child 
Welfare Act of 1978.
            Title I--Chickahominy Indian Tribe
    Section 101 sets forth findings of the colonial history of 
the Chickahominy Indian Tribe.
    Section 102 would define ``Secretary'' as the Secretary of 
Interior, ``Tribal Member'' as a person who is enrolled in the 
tribe as of the date of this Act, and ``Tribe'' as the 
Chickahominy Indian Tribe.
    Section 103 would extend Federal recognition to the 
Chickahominy Indian Tribe, establish that all applicable laws 
to Federally-recognized tribes will extend to the Chickahominy 
Indian Tribe, create a service area for the Chickahominy Indian 
Tribe, and make the Chickahominy Indian Tribe and its members 
eligible for Federal services and benefits provided to 
Federally-recognized Indian tribes.
    Section 104 would establish that the Department will accept 
the last membership roll submitted by the tribe prior to the 
enactment of this bill as the tribe's membership roll.
    Section 105 would establish the governing body of the 
Chickahominy Indian Tribe.
    Section 106 would authorize, at the request of the tribe, 
the Secretary of Interior to take land into trust for the 
Chickahominy Indian Tribe to establish a reservation, define 
the counties where the land may be taken into trust at, and 
create a three-year deadline to take the land into trust.
    Section 106 would prohibit gaming activities by the tribe.
    Section 107 would establish that nothing in the bill 
expands or reduces hunting, fishing, trapping, or water rights 
enjoyed by members of the Chickahominy Indian Tribe.
            Title II--Chickahominy Indian Tribe--Eastern Division
    Section 201 sets forth findings of the colonial history of 
the Chickahominy Indian Tribe--Eastern Division.
    Section 202 would define ``Secretary'' as the Secretary of 
Interior, ``Tribal Member'' as a person who is enrolled in the 
tribe as of the date of this Act, and ``Tribe'' as the 
Chickahominy Indian Tribe--Eastern Division.
    Section 203 would extend Federal recognition to the 
Chickahominy Indian Tribe--Eastern Division, establish that all 
applicable laws to Federally-recognized tribes will extend to 
the Chickahominy Indian Tribe--Eastern Division, create a 
service area for the Chickahominy Indian Tribe--Eastern 
Division, and make the Chickahominy Indian Tribe--Eastern 
Division and its members eligible for Federal services and 
benefits provided to Federally-recognized Indian tribes.
    Section 204 would establish that the Department will accept 
the last membership roll submitted by the tribe prior to the 
enactment of this bill as the tribe's membership roll.
    Section 205 would establish the governing body of the 
Chickahominy Indian Tribe--Eastern Division.
    Section 206 would authorize, at the request of the tribe, 
the Secretary of Interior to take land into trust for the 
Chickahominy Indian Tribe--Eastern Division to establish a 
reservation, define the counties where the land may be taken 
into trust at, and create a three-year deadline to take the 
land into trust.
    Section 206 would prohibit gaming by the tribe.
    Section 207 would establish that nothing in the bill 
expands or reduces hunting, fishing, trapping, or water rights 
enjoyed by members of the Chickahominy Indian Tribe--Eastern 
Division.
            Title III--Upper Mattaponi Tribe
    Section 301 sets forth findings of the colonial history of 
the Upper Mattaponi Tribe.
    Section 302 would define ``Secretary'' as the Secretary of 
Interior, ``Tribal Member'' as a person who is enrolled in the 
tribe as of the date of this Act, and ``Tribe'' as the Upper 
Mattaponi Tribe.
    Section 303 would extend Federal recognition to the Upper 
Mattaponi Tribe, establish that all applicable laws to 
Federally-recognized tribes will extend to the Upper Mattaponi 
Tribe, create a service area for the Upper Mattaponi Tribe, and 
make the Upper Mattaponi Tribe and its members eligible for 
Federal services and benefits provided to Federally-recognized 
Indian tribes.
    Section 304 would establish that the Department will accept 
the last membership roll submitted by the tribe prior to the 
enactment of this bill as the tribe's membership roll.
    Section 305 would establish the governing body of the Upper 
Mattaponi Tribe.
    Section 306 would authorize, at the request of the tribe, 
the Secretary of Interior to take land into trust for the Upper 
Mattaponi Tribe to establish a reservation, define the counties 
where the land may be taken into trust at, and create a three-
year deadline to take the land into trust.
    Section 306 would prohibit gaming by the tribe.
    Section 307 would establish that nothing in the bill 
expands or reduces hunting, fishing, trapping, or water rights 
enjoyed by members of the Upper Mattaponi Tribe.
            Title IV--Rappahannock Tribe, Inc.
    Section 401 sets forth findings of the colonial history of 
the Rappahannock Tribe, Inc.
    Section 402 would define ``Secretary'' as the Secretary of 
Interior, ``Tribal Member'' as a person who is enrolled in the 
tribe as of the date of this Act, and ``Tribe'' as the 
Rappahannock Tribe, Inc.
    Section 403 would extend Federal recognition to the 
Rappahannock Tribe, Inc., establish that all applicable laws to 
Federally-recognized tribes will extend to the Rappahannock 
Tribe, Inc., create a service area for the Rappahannock Tribe, 
Inc., and make the Rappahannock Tribe, Inc. and its members 
eligible for Federal services and benefits provided to 
Federally-recognized Indian tribes.
    Section 404 would establish that the Department will accept 
the last membership roll submitted by the tribe prior to the 
enactment of this bill as the tribe's membership roll.
    Section 405 would establish the governing body of the 
Rappahannock Tribe, Inc.
    Section 406 would authorize, at the request of the tribe, 
the Secretary of Interior to take land into trust for the 
Rappahannock Tribe, Inc. to establish a reservation, define the 
counties where the land may be taken into trust at, and create 
a three-year deadline to take the land into trust.
    Section 406 would prohibit gaming by the tribe.
    Section 407 would establish that nothing in the bill 
expands or reduces hunting, fishing, trapping, or water rights 
enjoyed by members of the Rappahannock Tribe, Inc.
            Title V--Monacan Indian Nation
    Section 501 sets forth findings of the colonial history of 
the Monacan Indian Nation.
    Section 502 would define ``Secretary'' as the Secretary of 
Interior, ``Tribal Member'' as a person who is enrolled in the 
tribe as of the date of this act, and ``Tribe'' as the Monacan 
Indian Nation.
    Section 503 would extend Federal recognition to the Monacan 
Indian Nation, establish that all applicable laws to Federally-
recognized tribes will extend to the Monacan Indian Nation, 
create a service area for the Monacan Indian Nation, and make 
the Monacan Indian Nation and its members eligible for Federal 
services and benefits provided to Federally-recognized Indian 
tribes.
    Section 504 would establish that the Department will accept 
the last membership roll submitted by the tribe prior to the 
enactment of this bill as the tribe's membership roll.
    Section 505 would establish the governing body of the 
Monacan Indian Nation.
    Section 506 would authorize, at the request of the tribe, 
the Secretary of Interior to take land into trust for the 
Monacan Indian Nation to establish a reservation, define the 
counties where the land may be taken into trust at, and create 
a three-year deadline to take the land into trust.
    Section 506 would prohibit gaming by the tribe.
    Section 507 would establish that nothing in the bill 
expands or reduces hunting, fishing, trapping, or water rights 
enjoyed by members of the Monacan Indian Nation.
            Title VI--Nansemond Indian Tribe
    Section 601 sets forth findings of the colonial history of 
the Nansemond Indian Tribe.
    Section 602 would define ``Secretary'' as the Secretary of 
Interior, ``Tribal Member'' as a person who is enrolled in the 
tribe as of the date of this act, and ``Tribe'' as the 
Nansemond Indian Tribe.
    Section 603 would extend Federal recognition to the 
Nansemond Indian Tribe, establish that all applicable laws to 
Federally-recognized tribes will extend to the Nansemond Indian 
Tribe, create a service area for the Nansemond Indian Tribe, 
and make the Nansemond Indian Tribe and its members eligible 
for Federal services and benefits provided to Federally-
recognized Indian tribes.
    Section 604 would establish that the Department will accept 
the last membership roll submitted by the tribe prior to the 
enactment of this bill as the tribe's membership roll.
    Section 605 would establish the governing body of the 
Nansemond Indian Tribe.
    Section 606 would authorize, at the request of the tribe, 
the Secretary of Interior to take land into trust for the 
Nansemond Indian Tribe to establish a reservation, define the 
counties where the land may be taken into trust at, and create 
a three-year deadline to take the land into trust.
    Section 606 would prohibit gaming by the tribe.
    Section 607 would establish that nothing in the bill 
expands or reduces hunting, fishing, trapping, or water rights 
enjoyed by members of the Nansemond Indian Tribe.
            Title VII--eminent domain
    Section 701 would limit the use of eminent domain to 
acquire lands in fee or trust for a tribe recognized through 
this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated June 19, 2017.
    Summary: S. 691 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 
$67 million over the 2018-2022 period, assuming appropriation 
of the necessary amounts. Enacting S. 691 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    CBO estimates that enacting S. 691 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 691 contains no intergovernmental or private-sector 
impacts as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 691 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--
                                          ----------------------------------------------------------------------
                                             2017      2018      2019      2020      2021      2022    2017-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Department of the Interior:
    Estimated Authorization Level........         0         6         6         6         6         7         31
    Estimated Outlays....................         0         5         6         6         6         7         30
Indian Health Service:
    Estimated Authorization Level........         0         7         7         7         8         8         37
    Estimated Outlays....................         0         7         7         7         8         8         37
    Total Increases:
        Estimated Authorization Level....         0        13        13        13        14        15         68
        Estimated Outlays................         0        12        13        13        14        15         67
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
691will be enacted before the end of 2017, that the necessary 
amounts will be provided each year, and that outlays will 
follow historical patterns for similar assistance to other 
tribes.
    S. 691 would provide federal recognition to six Indian 
tribes in Virginia. Such recognition would allow those tribes 
and about 4,700 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. 691) to receive benefits from 
various programs administered by the Department of the Interior 
(DOI) and the Indian Health Service (IHS).

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 other general assistance. In total, 
CBO estimates that providing those services to the six tribes 
that would be recognized under S. 691 would cost $30 million 
over the 2018-2022 period, assuming appropriation of the 
necessary amounts and accounting for anticipated inflation. 
That estimate reflects per capita expenditures for services 
provided to the newly recognized tribes that would be similar 
to those for other federally recognized tribes located in the 
eastern states. (In 2015, the most recent year for which 
historical information on such spending is available, per 
capita expenditures for eastern tribes averaged about $1,200.)

Indian Health Service

    S. 691 also would make members of the tribes newly 
recognized under S. 691 eligible to receive health benefits 
from the IHS. Based on an analysis of information from the IHS, 
CBO estimates that about 55 percent of tribal members--or about 
2,600 people--would receive benefits each year. CBO expects 
that the cost to serve those individuals would be similar to 
the costs for current IHS beneficiaries--about $2,650 per 
individual in 2017. Assuming appropriation of the necessary 
funds and accounting for anticipated inflation, CBO estimates 
that health benefits for those tribes would cost $37 million 
over the 2018-2022 period.

Other Federal Agencies

    In addition to assistance from DOI and IHS, certain Indian 
tribes also receive support from other federal programs within 
the Departments of Education, Housing and Urban Development, 
Labor, and Agriculture. Because those six tribes specified in 
the bill are recognized by Virginia, they are already eligible 
to receive support from those federal departments. Thus, CBO 
estimates that implementing S. 691 would not authorize 
additional spending by those departments.
    Pay-As-You-Go considerations: None.
    Increase in long term direct spending and deficits: CBO 
estimates that enacting S. 691 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    Estimated impact on the private sector: S. 691 contains no 
intergovernmental or private-sector impacts as defined in UMRA.

               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. 691 will 
have a minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 691.

                 CHANGES IN EXISTING LAW (CORDON RULE)

    On January 31, 2017, the Committee on Indian Affairs 
unanimously approved a motion to waive the Cordon rule. Thus, 
in the opinion of the committee, it is necessary to dispense 
with subsection 12 of rule XXVI of the Standing Rules of the 
Senate in order to expedite the business of the Senate.

                                  [all]