II 110th CONGRESS 1st Session S. 333 IN THE SENATE OF THE UNITED STATES January 18, 2007 Mrs. Dole (for herself, Mr. Burr, Mr. Inouye, and Ms. Mikulski) 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.

1.

Short title

This Act may be cited as the Lumbee Recognition Act.

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,

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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:

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.

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.

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.

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).

6.

Authorization of appropriations

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

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