[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Page S4505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2233. Mr. TILLIS (for himself and Mr. Budd) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. LUMBEE TRIBE OF NORTH CAROLINA 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.''.
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