HR 27
112th CONGRESS
1st Session
H. R. 27
To provide for the recognition of the Lumbee Tribe of North Carolina,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. MCINTYRE (for himself, Mr. MCDERMOTT, Mr. SMITH of Washington, Mr. PETERSON,
Mr. RUPPERSBERGER, Mr. PRICE of North Carolina, Mr. LANGEVIN, Mr. BECERRA,
Mr. DOGGETT, Mr. SERRANO, and Ms. DEGETTE) introduced the following bill;
which was referred to the Committee on Natural Resources
A BILL
To provide for the recognition of the Lumbee Tribe of North Carolina,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Lumbee Recognition Act'.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows:
(1) By striking `and' at the end of each clause.
(2) By striking `: Now, therefore,' at the end of the last clause and inserting
a semicolon.
(3) By adding at the end the following new clauses:
`Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally Cheraw,
and have remained a distinct Indian community since the time of contact with
white settlers;
`Whereas since 1885 the State of North Carolina has recognized the Lumbee
Indians as an Indian tribe;
`Whereas in 1956 the Congress of the United States acknowledged the Lumbee
Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits,
privileges and immunities to which the Tribe and its members otherwise would
have been entitled by virtue of the Tribe's status as a federally recognized
tribe; and
`Whereas the Congress finds that the Lumbee Indians should now be entitled
to full Federal recognition of their status as an Indian tribe and that the
benefits, privileges and immunities that accompany such status should be accorded
to the Lumbee Tribe: Now, therefore,'.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended as follows:
(1) By striking the last sentence of the first section.
(2) By striking section 2 and inserting the following new sections:
`Sec. 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of
North Carolina, as designated as petitioner number 65 by the Office of Federal
Acknowledgement. All laws and regulations of the United States of general
application to Indians and Indian tribes shall apply to the Lumbee Tribe of
North Carolina and its members.
`(b) Notwithstanding the first section, any group of Indians in Robeson and
adjoining counties, North Carolina, whose members are not enrolled in the
Lumbee Tribe of North Carolina as determined under section 3(c), may petition
under part 83 of title 25 of the Code of Federal Regulations for acknowledgement
of tribal existence.
`Sec. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible
for all services and benefits provided to Indians because of their status
as members of a federally recognized tribe. For the purposes of the delivery
of such services, those members of the Tribe residing in Robeson, Cumberland,
Hoke, and Scotland counties in North Carolina shall be deemed to be residing
on or near an Indian reservation.
`(b) Upon verification by the Secretary of the Interior of a tribal roll under
subsection (c), the Secretary of the Interior and the Secretary of Health
and Human Services shall develop, in consultation with the Lumbee Tribe of
North Carolina, a determination of needs to provide the services to which
members of the Tribe are eligible. The Secretary of the Interior and the Secretary
of Health and Human Services shall each submit a written statement of such
needs to Congress after the tribal roll is verified.
`(c) For purposes of the delivery of Federal services, the tribal roll in
effect on the date of the enactment of this section shall, subject to verification
by the Secretary of the Interior, define the service population of the Tribe.
The Secretary's verification shall be limited to confirming compliance with
the membership criteria set out in the Tribe's constitution adopted on November
16, 2001, which verification shall be completed within 2 years after the date
of the enactment of this section.
`Sec. 4. (a) The Secretary may take land into trust for the Lumbee Tribe pursuant
to this Act. An application to take land located within Robeson County, North
Carolina, into trust under this section shall be treated by the Secretary
as an `on reservation' trust acquisition under part 151 of title 25, Code
of Federal Regulation (or a successor regulation).
`(b) The tribe may not conduct gaming activities as a matter of claimed inherent
authority or under the authority of any Federal law, including the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder
promulgated by the Secretary or the National Indian Gaming Commission.
`Sec. 5. (a) The State of North Carolina shall exercise jurisdiction over--
`(1) all criminal offenses that are committed on; and
`(2) all civil actions that arise on, lands located within the State of
North Carolina that are owned by, or held in trust by the United States
for, the Lumbee Tribe of North Carolina, or any dependent Indian community
of the Lumbee Tribe of North Carolina.
`(b) The Secretary of the Interior is authorized to accept on behalf of the
United States, after consulting with the Attorney General of the United States,
any transfer by the State of North Carolina to the United States of any portion
of the jurisdiction of the State of North Carolina described in subsection
(a) pursuant to an agreement between the Lumbee Tribe and the State of North
Carolina. Such transfer of jurisdiction may not take effect until 2 years
after the effective date of the agreement.
`(c) The provisions of this section shall not affect the application of section
109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).
`Sec. 6. There are authorized to be appropriated such sums as are necessary
to carry out this Act.'.
END
