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provide for the recognition of the Lumbee Tribe of North Carolina, and for other
purposes.IN THE SENATE OF THE UNITED STATES
Mr. BURR (for himself and Mrs. HAGAN) introduced the
following bill; which was read twice and referred to the Committee on Indian Affairs
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'.
The preamble to the Act of June 7, 1956 (70 Stat. 254),
is amended as follows:
(1) By striking `and' at the end of
(2) By striking `: Now, therefore,' at the
end of the last clause and inserting a semicolon.
By adding at the end the following new clauses:
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;
since 1885 the State of North Carolina has recognized the Lumbee Indians as an
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,'.
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 Acknowledgment. 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.
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 acknowledgment 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
`(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--
all criminal offenses that are committed on; and
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
`(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.'.