Senate Report 114-141 - THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT OF 2015

[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).
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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.\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

Section 205--Governing body

Section 206--Reservation of the Tribe

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

Section 305--Governing body

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

Section 405--Governing body

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

Section 505--Governing body

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

Section 605--Governing body

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
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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
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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.

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