(This measure has not been amended since it was passed by the House on June 7, 2007. The summary of that version is repeated here.)
Lumbee Recognition Act - Extends federal recognition to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgment.
Permits any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe to petition 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 tribe. Deems, for purposes of delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina to be residing on or near an Indian reservation.
Instructs the Secretary to treat fee lands which the Tribe seeks to convey to the United States to be held in trust as "on-reservation" trust acquisitions if such lands are located within Robeson County.
Prohibits the Tribe from conducting gaming activities.
Grants the state of North Carolina jurisdiction over all criminal offenses and all civil actions on lands within North Carolina that are owned by or held in trust for the Tribe or any independent Indian community of the Tribe. Authorizes the Secretary to accept any transfer by the state of any portion of the state's jurisdiction of such offenses and actions pursuant to an agreement between the Tribe and the state. Bars such transfer of jurisdiction from taking effect until two years after the effective date of the agreement.
Authorizes appropriations.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 65 Introduced in House (IH)]
1st Session
H. R. 65
To provide for the recognition of the Lumbee Tribe of North Carolina,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. McIntyre (for himself, Mr. Etheridge, Mr. Faleomavaega, Mr. Hayes,
Ms. Herseth, Mr. Hinchey, Mr. Kildee, Mr. Miller of North Carolina, Mr.
Price of North Carolina, Mr. Watt, and Mr. Rahall) 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. 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 and
budget 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 and
budget with the first budget request submitted to Congress after the
fiscal year in which 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 11, 2000, which
verification shall be completed not less than 1 year after the date of
the enactment of this section.
``Sec. 4. Fee lands which the Tribe seeks to convey to the United
States to be held in trust shall be treated by the Secretary of the
Interior as `on-reservation' trust acquisitions under part 151 of title
25 of the Code of Federal Regulations (or a successor regulation) if
such lands are located within Robeson County, North Carolina.
``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 paragraph (1) 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 subsection 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.''.
<all>
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-164.
Placed on the Union Calendar, Calendar No. 99.
Rules Committee Resolution H. Res. 465 Reported to House. Rule provides for consideration of H.R. 65 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, modified by the amendment printed in the report of the Committee on Rules accompanying this resolution, shall be considered as adopted.
Rule H. Res. 465 passed House.
Considered under the provisions of rule H. Res. 465. (consideration: CR H6151-6161; text of measure as reported in House: CR H6151)
Rule provides for consideration of H.R. 65 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, modified by the amendment printed in the report of the Committee on Rules accompanying this resolution, shall be considered as adopted.
DEBATE - The House proceeded with one hour of debate on H.R. 65.
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The previous question was ordered pursuant to the rule. (consideration: CR H6158)
Mr. McHenry moved to recommit with instructions to Natural Resources. (consideration: CR H6159-6160)
DEBATE - The House proceeded with 10 minutes of debate on the McHenry motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding new sections: Sec. 4, No bar to administrative recognition; and Sec. 5, Effective date.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6159)
On motion to recommit with instructions Failed by the Yeas and Nays: 152 - 237 (Roll no. 446).
Roll Call #446 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 256 - 128 (Roll no. 447).
Roll Call #447 (House)On passage Passed by the Yeas and Nays: 256 - 128 (Roll no. 447).
Roll Call #447 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Ordered to be reported without amendment favorably.
Committee on Indian Affairs. Reported by Senator Dorgan without amendment. With written report No. 110-409. Additional views filed.
Committee on Indian Affairs. Reported by Senator Dorgan without amendment. With written report No. 110-409. Additional views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 865.