Lumbee Recognition Act - (Sec. 3) Amends Federal law to extend Federal recognition to the Lumbee Tribe of North Carolina.
Allows any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe as determined under this Act, to petition under the Code of Federal Regulations for acknowledgment of tribal existence.
Makes the Tribe and its members eligible for all services and benefits provided to Indians because of their status as members of a federally recognized Indian tribe.
Deems members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina to be residing on or near an Indian reservation for purposes of the delivery of such services.
Requires, on verification by the Secretary of the Interior (Secretary), of a tribal roll under this Act, the Secretary and the Secretary of Health and Human Services to develop a determination of needs and budget to provide the services to which members of the Tribe are eligible.
Requires: (1) the Secretaries to each submit a written statement of those needs and a budget; and (2) the first budget request to be submitted to Congress after the fiscal year in which the tribal roll is verified.
States that, for purposes of the delivery of Federal services, the tribal roll in effect on the enactment of this Act shall, subject to verification by the Secretary, define the service population of the Tribe.
Limits the Secretary's verification to confirming compliance with the membership criteria set out in the Tribe's constitution adopted on November 11, 2000, which verification shall be completed within one year after the enactment of this Act.
Declares that fee land the Tribe seeks to convey to the United States to be held in trust shall be treated by the Secretary as on-reservation trust acquisitions under the Code of Federal Regulations, if the land is located within Robeson County, North Carolina.
Grants North Carolina jurisdiction over all criminal offenses that are committed on, and all civil actions that arise on, land located within such State that is owned by, or held in trust by the United States for the Tribe, or any dependent Indian community of the Tribe.
Authorizes the Secretary to accept, on behalf of the United States, any transfer by North Carolina to the United States of any portion of the jurisdiction of such State under an agreement between the Tribe and North Carolina.
Provides that such transfer shall not take effect until two years after the effective date of the agreement.
States that this Act shall not affect the application of the Indian Child Welfare Act of 1978 (regarding agreements between States and Indian tribes respecting care and custody of Indian children and jurisdiction over child custody proceedings).
Authorizes appropriations.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 420 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 420
To provide for the acknowledgment of the Lumbee Tribe of North
Carolina, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 14, 2003
Mrs. Dole introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To provide for the acknowledgment 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 Acknowledgment Act of 2003''.
SEC. 2. LUMBEE ACKNOWLEDGMENT.
The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended to
read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Lumbee Acknowledgment Act'.
``SEC. 2. FINDINGS.
``Congress finds that--
``(1) many Indians living in Robeson County, North
Carolina, and adjoining counties in the State are descendants
of a once large and prosperous tribe that occupied the land
along the Lumbee River at the time when the earliest European
settlements were established in the area;
``(2) when the members of that tribe first made contact
with the settlers, the members were a well-established and
distinctive people living in European-style houses, tilling the
soil, owning slaves and livestock, and practicing many of the
arts and crafts of European civilization;
``(3) tribal legend, a distinctive appearance and manner of
speech, and the frequent recurrence among tribal members of
family names (such as Bullard, Chavis, Drinkwater, Locklear,
Lowery, Oxendine, and Sampson) that were found on the roster of
the earliest English settlements, provide evidence that the
Indians now living in the area may trace their ancestry back to
both--
``(A) European settlers; and
``(B) certain coastal tribes of Indians in the
State, principally the Cheraw Tribe;
``(4) the Lumbee Tribe has remained a distinct Indian
community since European settlers first made contact with the
community;
``(5) the members of the Tribe--
``(A) are naturally and understandably proud of
their heritage; and
``(B) seek to establish their social status and
preserve their ancestry;
``(6) the State has acknowledged the Lumbee Indians as an
Indian tribe since 1885;
``(7) in 1956, Congress acknowledged the Lumbee Indians as
an Indian tribe but withheld from the Tribe the benefits,
privileges, and immunities to which the Tribe and members of
the Tribe would have been entitled by virtue of status as an
acknowledged Indian tribe; and
``(8)(A) the Tribe is entitled to full Federal
acknowledgment; and
``(B) the programs, services, and benefits that accompany
that status should be extended to the Tribe and members of the
Tribe.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Acknowledgment.--The term `acknowledgment' means
acknowledgment by the United States that--
``(A) an Indian group is an Indian tribe; and
``(B) the members of the Indian group are eligible
for the programs, services, and benefits (including
privileges and immunities) provided by the United
States to members of Indian tribes because of the
status of those members as Indians.
``(2) Indian.--The term `Indian' means a member of an
Indian tribe or Indian group.
``(3) Indian group.--The term `Indian group' means any
Indian band, pueblo, village, or community that is not
acknowledged.
``(4) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) Service population.--The term `service population'
means the population of the Tribe eligible to receive the
programs, services, and benefits described in section 5(a), as
determined by the Secretary under section 5(c).
``(7) State.--The term `State' means the State of North
Carolina.
``(8) Tribal roll.--The term `tribal roll' means a list of
individuals who have been determined by the Tribe to meet the
membership requirements of the Tribe established in the
constitution of the Tribe adopted November 11, 2000.
``(9) Tribe.--The term `Tribe' means the Lumbee Tribe of
North Carolina, located in Robeson County, North Carolina, and
adjoining counties in the State.
``SEC. 4. ACKNOWLEDGMENT OF LUMBEE TRIBE.
``(a) Acknowledgment.--
``(1) In general.--The Tribe is acknowledged.
``(2) Applicable law.--All laws (including regulations) of
the United States of general applicability to Indians and
Indian tribes shall apply to the Tribe and members of the
Tribe.
``(b) Petition.--Any Indian group located in Robeson County, North
Carolina (or any adjoining county), the members of which are not
members of the Tribe as determined by the Secretary under section 5(c),
may submit to the Secretary a petition in accordance with part 83 of
title 25, Code of Federal Regulations (or a successor regulation), for
acknowledgement.
``SEC. 5. SERVICES.
``(a) In General.--Beginning on the date of enactment of this
section, the Tribe and members of the Tribe are eligible for all
programs, services, and benefits (including privileges and immunities)
provided by the Federal Government to Indian tribes and members of
Indian tribes.
``(b) Reservation.--
``(1) Programs, services, and benefits.--For the purpose of
providing any program, service, or benefit described in
subsection (a) to the Tribe or a member of the Tribe, the
Tribe, and any member of the Tribe residing in the county of
Robeson, Cumberland, Hoke, or Scotland in the State, shall be
considered to be residing on or near an Indian reservation.
``(2) Federal law.--Beginning on the date of enactment of
this section, Robeson County, North Carolina, shall be
considered to be the reservation of the Tribe for the purpose
of any Federal law applicable to the Tribe.
``(3) No effect on fee ownership.--Nothing in this
subsection affects the ownership status of any fee land within
the State, or the status of any right or easement in the State,
in existence as of the date of enactment of this section.
``(c) Determination of Service Population.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall--
``(A) using the tribal roll in existence as of the
date of enactment of this section, verify the
population of the Tribe; and
``(B) determine the population of the Tribe
eligible to receive the programs, services, and
benefits described in subsection (a).
``(2) Verification.--The Secretary shall base a
verification under paragraph (1)(A) only on a confirmation of
compliance of members of the Tribe with membership criteria
established in the constitution of the Tribe adopted November
11, 2000.
``(d) Needs of Tribe.--
``(1) In general.--On determination of the service
population, the Secretary and the Secretary of Health and Human
Services shall develop, in consultation with the Tribe--
``(A) a determination of the needs of the Tribe;
and
``(B) a recommended budget required to serve the
Tribe.
``(2) Submission of budget request.--For each fiscal year
after determination of the service population, the Secretary or
the Secretary of Health and Human Services, as appropriate,
shall submit to the President a recommended budget for
programs, services, and benefits provided by the United States
to members of the Tribe because of the status of those members
as Indians (including funding recommendations for the Tribe
that are based on the determination and budget described in
paragraph (1)) for inclusion in the annual budget submitted by
the President to Congress in accordance with section 1108 of
title 31, United States Code.
``SEC. 6. JURISDICTION.
``(a) In General.--Except as provided in subsection (b), the State
shall exercise jurisdiction over all criminal offenses that are
committed on, and all civil actions that arise on, land located in the
State that is owned by, or held in trust by the United States for the
benefit of, the Tribe or any member of the Tribe.
``(b) Transfer of Jurisdiction.--
``(1) In general.--After consultation with the Attorney
General, the Secretary may accept, on behalf of the United
States, any transfer by the State to the United States of all
or any portion of the jurisdiction of the State described in
subsection (a).
``(2) Agreement.--A transfer of jurisdiction under
paragraph (1)--
``(A) shall be subject to an agreement entered into
by the Tribe and the State relating to the transfer;
and
``(B) shall not take effect until at least 2 years
after the date on which the agreement is entered into.
``(c) No Effect on Indian Child Welfare Act Agreements.--Nothing in
this section affects the application of section 109 of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1919).
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S2537-2538)
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 108-336.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Indian Affairs. Reported by Senator Campbell with an amendment in the nature of a substitute. With written report No. 108-213.
Committee on Indian Affairs. Reported by Senator Campbell with an amendment in the nature of a substitute. With written report No. 108-213.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 419.
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