Lumbee Recognition Act
This bill extends federal recognition to the Lumbee Tribe of North Carolina and makes its members eligible for the services and benefits provided to members of federally recognized tribes.
Members of the tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina are deemed to be within the delivery area for such services.
The Department of the Interior and the Department of Health and Human Services must develop, in consultation with the tribe, a determination of needs to provide the services for which members of the tribe are eligible.
Interior may take land into trust for the benefit of the tribe.
Finally, North Carolina must exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust for, the Lumbee Tribe or any dependent Indian community of the tribe unless jurisdiction is transferred to the United States pursuant to an agreement between the tribe and the state.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2758 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2758
To provide for the recognition of the Lumbee Tribe of North Carolina,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2021
Mr. Butterfield (for himself, Mr. Bishop of North Carolina, Mr. Price
of North Carolina, and Mr. Hudson) 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. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended--
(1) by striking section 2;
(2) in the first sentence of the first section, by striking
``That the Indians'' and inserting the following:
``SEC. 3. DESIGNATION OF LUMBEE INDIANS.
``The Indians'';
(3) in the preamble--
(A) by inserting before the first undesignated
clause the following:
``SECTION 1. FINDINGS.
``Congress finds that--'';
(B) by designating the undesignated clauses as
paragraphs (1) through (4), respectively, and indenting
appropriately;
(C) by striking ``Whereas'' each place it appears;
(D) by striking ``and'' after the semicolon at the
end of each of paragraphs (1) and (2) (as so
designated); and
(E) in paragraph (4) (as so designated), by
striking ``: Now, therefore,'' and inserting a period;
(4) by moving the enacting clause so as to appear before
section 1 (as so designated);
(5) by striking the last sentence of section 3 (as
designated by paragraph (2));
(6) by inserting before section 3 (as designated by
paragraph (2)) the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of
North Carolina or the Lumbee Indians of North Carolina.''; and
(7) by adding at the end the following:
``SEC. 4. FEDERAL RECOGNITION.
``(a) In General.--Federal recognition is extended to the Tribe (as
designated as petitioner number 65 by the Office of Federal
Acknowledgment).
``(b) Applicability of Laws.--All laws and regulations of the
United States of general application to Indians and Indian tribes shall
apply to the Tribe and its members.
``(c) Petition for Acknowledgment.--Notwithstanding section 3, any
group of Indians in Robeson and adjoining counties, North Carolina,
whose members are not enrolled in the Tribe (as determined under
section 5(d)) may petition under part 83 of title 25 of the Code of
Federal Regulations for acknowledgment of tribal existence.
``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
``(a) In General.--The Tribe and its members shall be eligible for
all services and benefits provided by the Federal Government to
federally recognized Indian tribes.
``(b) Service Area.--For the purpose of the delivery of Federal
services and benefits described in subsection (a), 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.
``(c) Determination of Needs.--On verification by the Secretary of
a tribal roll under subsection (d), the Secretary and the Secretary of
Health and Human Services shall--
``(1) develop, in consultation with the Tribe, a
determination of needs to provide the services for which
members of the Tribe are eligible; and
``(2) after the tribal roll is verified, each submit to
Congress a written statement of those needs.
``(d) Tribal Roll.--
``(1) In general.--For purpose of the delivery of Federal
services and benefits described in subsection (a), the tribal
roll in effect on the date of enactment of this section shall,
subject to verification by the Secretary, define the service
population of the Tribe.
``(2) Verification limitation and deadline.--The
verification by the Secretary under paragraph (1) shall--
``(A) be limited to confirming documentary proof of
compliance with the membership criteria set out in the
constitution of the Tribe adopted on November 16, 2001;
and
``(B) be completed not later than 2 years after the
submission of a digitized roll with supporting
documentary proof by the Tribe to the Secretary.
``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary is hereby authorized to take land into trust for the benefit
of the Tribe.
``(b) Treatment of Certain Land.--An application to take into trust
land located within Robeson County, North Carolina, under this section
shall be treated by the Secretary as an `on reservation' trust
acquisition under part 151 of title 25, Code of Federal Regulations (or
a successor regulation).
``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
``(a) In General.--With respect to land located within the State of
North Carolina that is owned by, or held in trust by the United States
for the benefit of, the Tribe, or any dependent Indian community of the
Tribe, the State of North Carolina shall exercise jurisdiction over--
``(1) all criminal offenses that are committed; and
``(2) all civil actions that arise.
``(b) Transfer of Jurisdiction.--
``(1) In general.--Subject to paragraph (2), the Secretary
may 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) over Indian country occupied by the Tribe
pursuant to an agreement between the Tribe and the State of
North Carolina.
``(2) Restriction.--A transfer of jurisdiction described in
paragraph (1) may not take effect until 2 years after the
effective date of the agreement described in that paragraph.
``(c) Effect.--Nothing in this section affects the application of
section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.
``SEC. 9. SHORT TITLE.
``This Act may be cited as the `Lumbee Tribe of North Carolina
Recognition Act'.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Ms. Leger Fernandez moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H6041-6043)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2758.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H6054)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 357 - 59, 1 Present (Roll no. 341).(text: CR H6041)
Roll Call #341 (House)On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 357 - 59, 1 Present (Roll no. 341). (text: CR H6041)
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Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 522.