I 111th CONGRESS 1st Session H. R. 839 IN THE HOUSE OF REPRESENTATIVES February 3, 2009 Mr. Shuler (for himself, Mr. McHenry, Ms. Foxx, Mr. Jones, Mr. Boren, and Mr. Minnick) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the consideration of a petition for Federal Recognition of the Lumbee Indians of Robeson and adjoining counties and other Indian groups in North Carolina, and for other purposes.

1.

Authority to petition for federal recognition

(a)

Consideration of lumbee petition

The Act of June 7, 1956 (70 Stat. 254), shall not be construed to constitute a bar to the consideration by the Secretary of the Interior of a petition of a group or organization representing the Lumbee Indians of Robeson and adjoining counties of North Carolina, the Lumbee Regional Development Association, Inc., the Lumbee Tribe of Cheraw Indians, the Hatteras Tuscarora Indians, the Cherokee Indians of Robeson and Adjoining Counties, the Cherokee Indians of Hoke County, Inc., or the Tuscarora Nation of North Carolina. (b)

Recognized groups

The Act of June 7, 1956, shall not be construed to operate to deny any group or organization whose petition is approved by the Secretary on or after the date of the enactment of this Act any of the special programs or services provided by the United States to Indian tribes and their members because of their status as Indians.

2.

Consideration of petition requesting recognition as an indian tribe

(a)

Proposed finding

The Assistant Secretary of the Interior for Indian Affairs shall publish a proposed finding with respect to the petition for Federal recognition as an Indian tribe by the Secretary of the Interior pursuant to part 83 of title 25, Code of Federal Regulations, submitted by the Lumbee Regional Development Association on December 17, 1987, and subsequently supplemented, not later than 18 months after the date on which the petitioner has fully responded to the notice of obvious deficiencies regarding that petition. (b)

Number of members not a factor

The number of persons listed on the membership roll contained in the petition referred to in subsection (a) shall not be taken into account in considering such petition except that the Assistant Secretary may review the eligibility of individual members or groups listed in such petition in accordance with the provisions of part 83 of title 25, Code of Federal Regulations. (c)

Review

(1)If the Assistant Secretary fails to publish the proposed finding referred to in subsection (a) within the 18-month period referred to in such subsection, the petitioner may treat such failure as final agency action refusing to recognize the petitioner as an Indian tribe and seek in Federal district court a determination of whether the petitioner should be recognized as an Indian tribe in accordance with the criteria specified in section 83.7 of title 25, Code of Federal Regulations. (2)If the Assistant Secretary publishes a final decision refusing to recognize the Indians seeking recognition under the petition referred to in subsection (a), the petitioner may, not later than one year after the date on which the final decision is published, seek in Federal district court a review of the decision, notwithstanding the availability of other administrative remedies.

3.

No delay for petitions awaiting active consideration

It is the sense of the Congress that the review of the petition referred to in section 2(a) should not unnecessarily delay the review of the pending fully documented petitions for recognition as an Indian tribe awaiting active consideration as of the date of enactment of this Act.