[Congressional Record Volume 169, Number 151 (Tuesday, September 19, 2023)]
[Senate]
[Pages S4600-S4601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1247. Mr. TILLIS (for himself and Mr. Budd) submitted an amendment 
intended to be proposed to amendment SA 1092 proposed by Mrs. Murray 
(for herself and Ms. Collins) to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of the amendment, insert the following:

[[Page S4601]]

  


                    DIVISION D--LUMBEE FAIRNESS ACT

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Lumbee Fairness Act''.

     SEC. 102. 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.''.
                                 ______