[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 420 Reported in Senate (RS)]






                                                       Calendar No. 419
108th CONGRESS
  1st Session
                                 S. 420

                          [Report No. 108-213]

    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 (for herself, Mr. Edwards, Mr. Akaka, Mr. Bennett, Mr. 
Campbell, Mr. Craig, Mr. Crapo, Mr. Hatch, Mr. Inouye, Mr. McCain, Mr. 
McConnell, Ms. Mikulski, Mr. Pryor, Mr. Smith, Ms. Snowe, and Mr. Lott) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

                           November 25, 2003

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Lumbee Acknowledgment Act 
of 2003''.</DELETED>

<DELETED>SEC. 2. LUMBEE ACKNOWLEDGMENT.</DELETED>

<DELETED>    The Act of June 7, 1956 (70 Stat. 254, chapter 375), is 
amended to read as follows:</DELETED>

<DELETED>``SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    ``This Act may be cited as the `Lumbee Acknowledgment 
Act'.</DELETED>

<DELETED>``SEC. 2. FINDINGS.</DELETED>

<DELETED>    ``Congress finds that--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) European settlers; and</DELETED>
                <DELETED>    ``(B) certain coastal tribes of Indians in 
                the State, principally the Cheraw Tribe;</DELETED>
        <DELETED>    ``(4) the Lumbee Tribe has remained a distinct 
        Indian community since European settlers first made contact 
        with the community;</DELETED>
        <DELETED>    ``(5) the members of the Tribe--</DELETED>
                <DELETED>    ``(A) are naturally and understandably 
                proud of their heritage; and</DELETED>
                <DELETED>    ``(B) seek to establish their social 
                status and preserve their ancestry;</DELETED>
        <DELETED>    ``(6) the State has acknowledged the Lumbee 
        Indians as an Indian tribe since 1885;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(8)(A) the Tribe is entitled to full Federal 
        acknowledgment; and</DELETED>
        <DELETED>    ``(B) the programs, services, and benefits that 
        accompany that status should be extended to the Tribe and 
        members of the Tribe.</DELETED>

<DELETED>``SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    ``In this Act:</DELETED>
        <DELETED>    ``(1) Acknowledgment.--The term `acknowledgment' 
        means acknowledgment by the United States that--</DELETED>
                <DELETED>    ``(A) an Indian group is an Indian tribe; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Indian.--The term `Indian' means a member of 
        an Indian tribe or Indian group.</DELETED>
        <DELETED>    ``(3) Indian group.--The term `Indian group' means 
        any Indian band, pueblo, village, or community that is not 
        acknowledged.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(5) Secretary.--The term `Secretary' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(7) State.--The term `State' means the State of 
        North Carolina.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(9) Tribe.--The term `Tribe' means the Lumbee 
        Tribe of North Carolina, located in Robeson County, North 
        Carolina, and adjoining counties in the State.</DELETED>

<DELETED>``SEC. 4. ACKNOWLEDGMENT OF LUMBEE TRIBE.</DELETED>

<DELETED>    ``(a) Acknowledgment.--</DELETED>
        <DELETED>    ``(1) In general.--The Tribe is 
        acknowledged.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 5. SERVICES.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Reservation.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Determination of Service Population.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 1 year after the 
        date of enactment of this section, the Secretary shall--
        </DELETED>
                <DELETED>    ``(A) using the tribal roll in existence 
                as of the date of enactment of this section, verify the 
                population of the Tribe; and</DELETED>
                <DELETED>    ``(B) determine the population of the 
                Tribe eligible to receive the programs, services, and 
                benefits described in subsection (a).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Needs of Tribe.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) a determination of the needs of the 
                Tribe; and</DELETED>
                <DELETED>    ``(B) a recommended budget required to 
                serve the Tribe.</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 6. JURISDICTION.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Transfer of Jurisdiction.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Agreement.--A transfer of jurisdiction under 
        paragraph (1)--</DELETED>
                <DELETED>    ``(A) shall be subject to an agreement 
                entered into by the Tribe and the State relating to the 
                transfer; and</DELETED>
                <DELETED>    ``(B) shall not take effect until at least 
                2 years after the date on which the agreement is 
                entered into.</DELETED>
<DELETED>    ``(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).</DELETED>

<DELETED>``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``There are authorized to be appropriated such sums as are 
necessary to carry out this Act.''.</DELETED>

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--
            (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; and
            (3) by adding at the end the following:

``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 Indian 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--
            (1) by striking the last sentence of the first section; and
            (2) by striking section 2 and inserting the following:

``SEC. 2. RECOGNITION.

    ``(a) In General.--Federal recognition is 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) Petition.--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, 
Code of Federal Regulations (or any successor regulation) for 
acknowledgment of tribal existence.

``SEC. 3. ELIGIBILITY FOR SERVICES AND BENEFITS.

    ``(a) In General.--
            ``(1) Services and benefits.--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 Indian tribe.
            ``(2) Residence on or near reservation.--For the purposes 
        of the delivery of such services, 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) Determination of Needs and Budget.--
            ``(1) In general.--On 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.
            ``(2) Inclusion in budget request.--The Secretary of the 
        Interior and the Secretary of Health and Human Services shall 
        each submit a written statement of those needs and a budget 
        with the first budget request submitted to Congress after the 
        fiscal year in which the tribal roll is verified.
    ``(c) Tribal Roll.--
            ``(1) In general.--For purposes of the delivery of Federal 
        services, the tribal roll in effect on the date of enactment of 
        this section shall, subject to verification by the Secretary of 
        the Interior, define the service population of the Tribe.
            ``(2) Verification.--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 enactment of this section.

``SEC. 4. FEE LAND.

    ``Fee land that 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 Code of 
Federal Regulations (or any successor regulation) if the land is 
located within Robeson County, North Carolina.

``SEC. 5. STATE JURISDICTION.

    ``(a) In General.--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;
land located within the state of North Carolina that is 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) Transfer.--
            ``(1) In general.--The Secretary of the Interior 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 
        paragraph (1) under an agreement between the Lumbee Tribe and 
        the State of North Carolina.
            ``(2) Effective date.--A transfer of jurisdiction under 
        paragraph (1) shall not take effect until 2 years after the 
        effective date of the agreement.
    ``(c) Effect of Section.--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. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as are 
necessary to carry out this Act.''.




                                                       Calendar No. 419

108th CONGRESS

  1st Session

                                 S. 420

                          [Report No. 108-213]

_______________________________________________________________________

                                 A BILL

    To provide for the acknowledgment of the Lumbee Tribe of North 
                   Carolina, and for other purposes.

_______________________________________________________________________

                           November 25, 2003

                       Reported with an amendment