[House Report 110-164]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-164

======================================================================



 
                         LUMBEE RECOGNITION ACT

                                _______
                                

  May 22, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany H.R. 65]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 65) to provide for the recognition of the Lumbee 
Tribe of North Carolina, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 as 
follows:
          (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.
          (3) By adding at the end the following new clauses:

``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 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 as follows:
          (1) By striking the last sentence of the first section.
          (2) By striking section 2 and inserting the following new 
        sections:
  ``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee 
Tribe of North Carolina, as designated as petitioner number 65 by the 
Office of Federal Acknowledgement. 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) 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 of the Code of 
Federal Regulations for acknowledgement of tribal existence.
  ``Sec. 3. (a) 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 tribe. For 
the purposes of the delivery of such services, 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.
  ``(b) Upon 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. The Secretary of the Interior and the Secretary of Health and 
Human Services shall each submit a written statement of such needs and 
budget to Congress after the tribal roll is verified.
  ``(c) For purposes of the delivery of Federal services, the tribal 
roll in effect on the date of the enactment of this section shall, 
subject to verification by the Secretary of the Interior, define the 
service population of the Tribe. 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 2 years after the date of 
the enactment of this section.
  ``Sec. 4. (a) Fee lands which 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 of the Code of Federal Regulations (or a successor regulation) if 
such lands are located within Robeson County, North Carolina.
  ``(b) The tribe may not conduct gaming activities as a matter of 
claimed inherent authority or under the authority of any Federal law, 
including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or 
under any regulations thereunder promulgated by the Secretary or the 
National Indian Gaming Commission.
  ``Sec. 5. (a) 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, lands located within 
        the State of North Carolina that are 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) The Secretary of the Interior is authorized to 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) pursuant to an agreement between 
the Lumbee Tribe and the State of North Carolina. Such transfer of 
jurisdiction may not take effect until 2 years after the effective date 
of the agreement.
  ``(c) The provisions of this subsection shall not affect the 
application of section 109 of the Indian Child Welfare Act of 1978 (25 
U.S.C. 1919).
  ``Sec. 6. There are authorized to be appropriated such sums as are 
necessary to carry out this Act.''.

                       Purpose of the Legislation

    The purpose of H.R. 65 is to provide for the recognition of 
the Lumbee Tribe of North Carolina, and for other purposes.

                  Background and Need for Legislation

    The issue of the status of the Lumbee Tribe of North 
Carolina (the `Tribe') comes to the Committee with a voluminous 
congressional and administrative record. The tribe first sought 
Federal recognition in a petition submitted to Congress in 
1888. Congress referred the petition to the Department of the 
Interior. The Commissioner of Indian Affairs responded in 1890 
as follows: ``While I regret exceedingly that the provisions 
made by the State of North Carolina are entirely inadequate, I 
find it quite impractical to render any assistance at this 
time. So long as the immediate wards of the Government are so 
insufficiently provided for, I do not see how I can 
consistently render any assistance to the Croatans, or any 
other civilized tribes.''
    Beginning in 1899, numerous bills have been introduced in 
Congress to recognize the Tribe.\1\ Hearings were held and 
reports filed on several of these bills.\2\ In addition, 
Congress requested and obtained several reports from the 
Department of the Interior on the Tribe's history and 
status.\3\ These hearings and studies consistently concluded 
that the Lumbees were a distinct, self-governing Indian 
community, descended from Siouan speaking tribes, principally 
the Cheraw. The various bills to recognize the Tribe failed 
generally due to the opposition of the Department of the 
Interior. The Department's opposition was typically based on 
either the cost of providing services to the Lumbee or the fact 
that recognition ran counter to the prevailing Federal Indian 
policy, but not on questions related to the Tribe's Indian 
ancestry or tribal governmental status. For example, the 1956 
Lumbee Act was passed during a period of Federal Indian policy 
known as the Termination Era, during which Congress terminated 
its relationship with 109 Indian nations.
---------------------------------------------------------------------------
    \1\ See H.R. 4009, 56th Cong., 1st Sess.; H.R. 19036, 61st Cong., 
2d Sess.; S. 3258, 62d Cong., 1st Sess.; [House companion H.R. 20728]; 
H.R. 8083, 68th Cong., 1st Sess.; S. 4595, 72d Cong., 2d Sess.; H.R. 
5365, 73d Cong., 1st Sess. [Senate companion S. 1632]; H.R. 4656, 84th 
Cong., 1st Sess.; H.R. 5042, 100th Cong., 1st Sess. [Senate companion 
S. 2672]; H.R. 2335, 101st Cong., 1st Sess. [Senate companion S. 901]; 
H.R. 1426, 102d Cong., 1st Sess. [Senate companion S. 1036]; H.R. 334, 
103d Cong., 1st Sess.
    \2\ See Hearing before the Senate Committee on Indian Affairs on S. 
3258, 62d Cong., 2d Sess., April 4, 1912; Hearing before the Committee 
on Indian Affairs, House of Representatives, on S. 3258, Feb. 14, 1913; 
H. Rep. No. 1752, 73d Cong., 2d Sess.; S. Rep. No. 204, 73d Cong., 2d 
Sess.; H. Rep. No. 1654, 84th Cong., 2d Sess.; S. Rep. No. 84-2012, 
84th Cong., 2d Sess.; S. Rep. No. 100-579, 100th Cong., 2d Sess.; H. 
Rep. No. 102-215, 102d Cong., 1st Sess.; H. Rep. No. 103-290, 103d 
Cong., 1st Sess.
    \3\ See Indian School Supervisor Pierce Report, filed with Senate 
on April 4, 1912; Special Indian Agent McPherson report, Doc. No. 677, 
53d Cong., 2d Sess., prepared in 1914; Report of J.R. Swanton, 
Smithsonian Institute, at request of Bureau of Indian Affairs and 
submitted to Congress at the 1933 hearing; and Fred A. Baker Report on 
the Siouan Tribe of Indians of Robeson County, July 9, 1935.
---------------------------------------------------------------------------

                            LUMBEE ANCESTRY

    The evidence establishes that the Tribe descends from the 
historic Cheraw and related Siouan-speaking tribes. 
Historically, the Cheraw were located on Drowning Creek in 
North Carolina. Drowning Creek was renamed the Lumber River by 
the State of North Carolina in 1809. The ancestors of the 
modern day Lumbee Tribe have been located on and around 
Drowning Creek/Lumber River ever since the first contact with 
Europeans in the early 1700s. Modern day Lumbee Indians share 
the same distinctive surnames as the historic Cheraw Tribe, 
i.e., Locklear, Chavis, Groom and others.
    Because of the precarious position of Indians in the early 
1800s due to the removal of many tribes to Oklahoma, the 
Indians of Robeson County hid their Indian identity. However, 
incidents during and after the Civil War showed much activity 
in the Indian community, including recognition by local 
governmental authorities of this community as an Indian 
community.
    Congress' deliberations on the Tribe's history produced 
authoritative reports by the Department of the Interior. In 
1914, Special Indian Agent O.M. McPherson, sent to investigate 
the history and condition of the tribe, concluded that the 
tribe was descended from the Cheraw Tribe. In 1934, the 
Department expressed to Congress, based upon a report by the 
eminent John R. Swanton of the Bureau of Ethnology, that the 
Lumbees descend from the Cheraw and related Siouan speaking 
tribes of coastal North Carolina. This conclusion has since 
been corroborated by leading historians in the field, including 
Dr. William Sturtevant, editor in chief of the Smithsonian 
Institution's Handbook of North American Indians and Dr. James 
Merrell, professor of colonial history at Vassar College. Dr. 
Jack Campisi, the tribe's ethnohistorian who testified before 
the Committee, also confirmed the Cheraw origins of the Lumbee.

                             LUMBEE SCHOOL

    In 1885, the State of North Carolina recognized the tribe 
and established a separate school system for Lumbee children, 
one that the tribe itself ran. Enrollment in the school was 
restricted to Lumbee children who could demonstrate Lumbee 
descent four generations back, or into the 1770's. Lumbee 
tribal leaders were authorized to determine eligibility to 
enroll in the school. These enrollment records, along with 
Federal census records, form the base roll from which all 
present day tribal members must demonstrate descent. On March 
26, 1913, the State's Attorney General Bickett issued an 
opinion that the county board of education could overrule 
tribal decisions in the Lumbee schools. Lumbee tribal leaders 
objected to this infringement on their independence. Under 
pressure from the Lumbee leadership, the State of North 
Carolina enacted legislation subsequently setting aside the 
Attorney General's opinion. The Indian Normal School 
established by the State in 1888 to train Lumbee teachers for 
the Tribe's school system has been in continuous operation and 
is today the University of North Carolina at Pembroke.

                   STATE RECOGNITION AND NAME CHANGES

    In its recognition acts, the State of North Carolina 
imposed various names on the Tribe, based on the 
representations of local historians and members of the 
legislature regarding the Tribe's history. These included 
Croatan [1885 to 1911], Indians of Robeson County [1911 to 
1913], Cherokee Indians of Robeson County [1913-1953], and 
finally Lumbee Indians [1953 to present]. In the early 1950s, 
the Tribe became dissatisfied with its name under state law. 
Under pressure from the Tribe, the state authorized the Tribe 
to conduct a referendum on its name. In 1951, by a margin of 
2,169 to 35, the Robeson County Indians voted to adopt the name 
``Lumbee Indians of North Carolina.'' The General Assembly of 
North Carolina passed a bill in 1953 designating them as 
``Lumbee Indians of North Carolina'' and the State continues to 
recognize the Tribe by this name. This was the only opportunity 
the Tribe had to name itself rather than have a name foisted 
upon them from the State.

                            LUMBEE ACT 1956

    As it had in the past, the Tribe in 1955 sought Federal 
recognition based on the recently amended state law. Again, the 
Department opposed the bill and recommended that Congress amend 
the bill by denying eligibility for the benefits and services 
available to Indians because of their status as Indians, 
consistent with the then-prevailing Federal Indian policy of 
termination. This amended bill was enacted by Congress in 1956, 
Pub. L. 84-570, Act of June 7, 1956, 70 Stat. 254. Thus, 
Congress simultaneously acknowledged the Lumbee Indians but 
effectively terminated the Tribe by denying them Federal Indian 
services and benefits.

                     FEDERAL ACKNOWLEDGMENT PROCESS

    Pursuant to the Department's regulations, the Lumbee Tribe 
prepared an extensive petition for Federal acknowledgment. The 
petition was submitted by the tribe on December 17, 1987. It 
consists of a two volume narrative report, one and one-half 
file boxes of documentary evidence and a 16 volume membership 
roll. There is a consistent historical record of the presence 
of the Lumbees and of tribal activity, but during certain 
periods the documentation is sporadic. Dr. Jack Campisi, who is 
the principal author of the Lumbee petition, explained that 
non-Indian settlement around the Lumbee community occurred 
relatively late, circa 1830, so that no literate individuals or 
organized governments were present continuously before that 
time to record tribal activity. The Committee has been advised 
that the tribe has exhausted all research avenues and that the 
documentation before the Committee and the Department of the 
Interior is all that exists. In the end, the Department of the 
Interior informed the Tribe that it was ineligible to 
participate in the Federal Acknowledgment Process because 
Congress has terminated its relationship with the Tribe, 
therefore, only Congress could restore the relationship.

            PROBLEMS WITH THE FEDERAL ACKNOWLEDGMENT PROCESS

    It is also noteworthy that the administrative 
acknowledgment process has been criticized by the Congress and 
tribes. This Committee has conducted many oversight hearings on 
the administrative process and found it to be expensive, 
inordinately lengthy and too heavily dependent upon formal 
documents on Indian tribes even though such documents do not 
exist or were not generated due to a variety of historic 
circumstances. Given the nature of the process, it is very 
conceivable that a legitimate Indian tribe could be denied 
recognition administratively for reasons beyond its control if 
it could not produce the degree and detail of documentation 
required by the Department. The Committee believes that the 
Lumbee Tribe may be such a tribe.

                        CONGRESSIONAL AUTHORITY

    It is clear that in some cases, recognition of an Indian 
tribe is a matter that should be left for the Congress to 
address. Congress plainly has the constitutional authority to 
recognize Indian tribes. In fact, the overwhelming majority of 
Federally recognized Indian tribes were recognized by Congress 
either through treaty or statute. The present administrative 
process was established under general authority delegated by 
the Congress to the Department of the Interior, but there is no 
specific statutory authority for the process. In other words, 
the process is wholly administrative in origin. Obviously, 
Congress is not bound by those regulations in determining 
whether to recognize a particular Indian tribe. Especially 
where the Department has so often analyzed a tribe in the past, 
Congress can take those past department determinations and the 
general view of anthropologists into account. The record here 
is adequate for a congressional determination and the 
circumstances support the appropriateness of recognition 
legislation.

                   MEMBERSHIP AND GOVERNING STRUCTURE

    Approximately 53,000 Lumbee Indians are enrolled in the 
Lumbee Tribe. Eligibility for tribal enrollment is limited to 
persons who were identified as Indian on source documents from 
the early 1900s including the 1900 and 1910 Federal census, or 
who are determined by an Elders' Review Committee to be Indian, 
and the direct descendants of such persons. The Lumbee Indians 
have never had a reservation or received services from the 
Bureau of Indian Affairs (BIA) or the Indian Health Service 
(IHS) though they are eligible for and do receive funds from 
other Federal Indian programs because of their recognition by 
the State. The Lumbee Regional Development Association Inc. 
(LRDA) is presently the formal representative of the Lumbee 
Indians. LRDA is a non-profit corporation organized in 1968, 
with an all Lumbee Board of Directors who are elected directly 
by the communities that comprise the Lumbee Tribe. The Board 
functions much like a tribal council and in 1984 was formally 
designated as the interim tribal council by a tribal 
referendum. In summary, the historical record is persuasive and 
compelling that for the last 200 years the Lumbees have 
functioned as an Indian tribe and have been recognized as such 
by State and local authorities.

                                 GAMING

    The Lumbee tribe agreed to a prohibition on gaming and have 
repeatedly stated that they have no intention of pursuing 
gaming at this time. Accordingly, the tribe is prohibited from 
conducting, licensing, or regulating gaming pursuant to any 
inherent authority they may possess, the Indian Gaming 
Regulatory Act, or any other Federal law.

                            Committee Action

    H.R. 65 was introduced on January 4, 2007 by Rep. Mike 
McIntyre (D-NC). The bill was referred to the Committee on 
Natural Resources. The bill has 207 cosponsors and there is a 
companion bill, S. 333, in the Senate. On April 18, 2007, the 
Committee on Natural Resources held a hearing on H.R. 65. The 
Committee received testimony from the Hon. Elizabeth Dole (R-
NC); the Hon. Mike McIntyre (D-NC); the Hon. Robin Hayes (R-
NC); the Hon. Carl Artman, Assistant Secretary for Indian 
Affairs, Bureau of Indian Affairs; Chairman Jimmy Goins, Lumbee 
Tribe of North Carolina, accompanied by Arlinda Locklear, 
Attorney for Lumbee Tribe; Principal Chief Michelle Hicks, 
Eastern Band of Cherokee Indians; Mr. Kelvin Samson, Indiana 
University; and Dr. Jack Campisi, Anthropologist. On April 25, 
2007, the Committee met to consider the bill. Chairman Rahall 
(D-WV) offered an en bloc amendment to clarify the group that 
will receive Federal recognition, to delete the requirement 
that certain information be submitted as part of the 
President's budget, and to extend the time period in which the 
Department has to verify the tribal roll from 1 year to 2 
years. It was adopted by voice vote. Representative Shuler (D-
NC) offered an amendment to make the Lumbee Tribe eligible for 
the Federal Acknowledgment Process. It was not adopted by voice 
vote. Representative Duncan (R-TN) offered an amendment to 
prohibit gaming by the tribe. It was adopted by voice vote. The 
bill, as amended, was then ordered favorably reported to the 
House of Representatives by a rollcall vote of 24 to 7, as 
follows:


                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the short title of the bill as the 
``Lumbee Recognition Act.''

Section 2. Preamble

    Section 2 adds additional clauses finding that the Lumbee 
Indians are descendants of coastal North Carolina Indians; that 
the State of North Carolina has recognized the Lumbees since 
1885; that Congress acknowledged the Lumbee Indians as an 
Indian tribe in 1956 but withheld the benefits, privileges and 
immunities that normally extend to Indians because of their 
status as Indians; and that Congress now finds that the full 
benefits, privileges, and immunities should be extended to the 
Lumbee Tribe.

Section 3. Federal recognition

    Section 3 deletes the prohibition in the 1956 Act of 
eligibility for Federal services and benefits and instead 
extends Federal recognition to the Lumbee Tribe of North 
Carolina, as designated Petitioner number 65 by the Office of 
Federal Acknowledgment. All Federal law and regulations of 
general applicability to Indians and Indian tribes apply to the 
Lumbee Tribe and its members. Section 3 also clarifies that any 
Indians who are not enrolled in the Lumbee Tribe but reside in 
Robeson and adjoining counties may continue through the Federal 
Acknowledgment Process as a separate Indian tribe.
    All services and benefits provided to Indians because of 
their status as Indians are extended to the Lumbee Tribe. The 
Tribe's service area is specified as 4 counties in North 
Carolina. The Secretary of the Department of the Interior and 
the Secretary of the Department of Health and Human Services 
are required to consult with the Lumbee Tribe to develop a 
statement of needs and budget. The statement shall be submitted 
to Congress.
    This section also provides that the tribal roll in effect 
on the date of enactment shall define the Tribe's service 
population. The Secretary of the Department of the Interior 
shall verify the Tribe's roll within 2 years after the date of 
the enactment of this section. Lands in Robeson County to be 
held in trust for the Secretary shall be considered as ``on-
reservation'' trust acquisitions under part 151 of the Code of 
Federal Regulations. The State of North Carolina shall exercise 
civil and criminal jurisdiction over all actions arising on 
lands held in trust for the Tribe. The State of North Carolina 
may transfer its civil or criminal jurisdiction to the United 
States. The application of the Indian Child Welfare Act of 1978 
is not affected by this subsection. Finally, this subsection 
authorizes appropriations in the amount as such sums as are 
needed.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for the recognition of the 
Lumbee Tribe of North Carolina, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 65--Lumbee Recognition Act

    Summary: H.R. 65 would provide federal recognition to the 
Lumbee Tribe of North Carolina. CBO estimates that implementing 
this legislation would cost the Federal Government $80 million 
in fiscal year 2008 and about $480 million over the 2008-2012 
period, assuming the appropriation of the necessary funds. 
Enacting H.R. 65 would have no effect on direct spending or 
revenues.
    H.R. 65 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no direct costs on State, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 65 is shown in the following table. 
The costs of this legislation fall within budget functions 450 
(community and regional development) and 550 (health).
    Basis of estimate: H.R. 65 would provide federal 
recognition to the Lumbee Tribe of North Carolina. Such 
recognition would allow the Lumbee to receive funding from 
various programs administered by the Bureau of Indian Affairs 
(BIA) and the Indian Health Service (IHS). Based on the average 
expenditures of other Indian tribes, CBO estimates that 
implementing H.R. 65 would cost about $480 million over the 
2008-2012 period. Such costs would be subject to appropriation 
of the necessary funds.

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Bureau of Indian Affairs:
    Estimated Authorization           22      23      23      24      24
     Level......................
    Estimated Outlays...........      16      21      22      23      23
Indian Health Service:
    Estimated Authorization           71      73      76      79      82
     Level......................
    Estimated Outlays...........      64      73      76      79      82
    Total Changes:
        Estimated Authorization       93      96      99     103     106
         Level..................
        Estimated Outlays.......      80      94      98     102     105
------------------------------------------------------------------------

Bureau of Indian Affairs

    BIA provides funding to federally recognized Indian tribes 
for various purposes, including child welfare services, adult 
care, community development, and general assistance. A portion 
of this funding (classified in the BIA budget as Tribal 
Priority Allocations), is awarded solely on the basis of 
population. Based on information from BIA, CBO expects that the 
Lumbee Tribe would receive approximately $6 million per year in 
such funding, based on an estimated service population of 
39,700 members. The Lumbee may also receive additional BIA 
funding based on other needs and characteristics of the tribe.
    Assuming the appropriation of the necessary funds, CBO 
estimates that implementing H.R. 65 would cost BIA 
approximately $16 million in 2008 and $105 million over the 
2008-2012 period. This estimate is based on expenditures for 
other federally recognized tribes located in the eastern United 
States; the Lumbee Tribe may qualify for more or fewer services 
than other tribes in the region, thus, the cost to implement 
this bill is uncertain.

Indian Health Service

    H.R. 65 also would make members of the Lumbee Tribe 
eligible to receive health benefits from IHS. Based on 
information from IHS, CBO estimates that about 55 percent of 
tribal members--or about 22,000 people--would receive benefits 
each year. CBO assumes that the cost to serve those individuals 
would be similar to funding for current beneficiaries--about 
$3,200 per individual in 2008. Assuming appropriation of the 
necessary funds, CBO estimates that IHS benefits for the Lumbee 
Tribe would cost $64 million in 2008 and $374 million over the 
2008-2012 period.

Other Federal Agencies

    In addition to BIA and IHS, certain Indian tribes also 
receive funding from other federal programs within the 
Departments of Education, Housing and Urban Development, Labor, 
and Agriculture. Based on their status as a state-recognized 
tribe, the Lumbee are currently eligible to receive funding 
from those sources. Thus, CBO estimates that implementing H.R. 
65 would not add to the cost of those programs.
    Intergovernmental and private-sector impact: H.R. 65 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no direct costs on State, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Daniel Hoople--Bureau 
of Indian Affairs. Eric Rollins--Indian Health Service. Impact 
on State, local, and tribal governments: Marjorie Miller. 
Impact on the private sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 65 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

               Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any State, local, or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                          ACT OF JUNE 7, 1956

                             (Chapter 375)

        AN ACT Relating to the Lumbee Indians of North Carolina.

Whereas many Indians now living in Robeson and adjoining 
counties are descendants of that once large and prosperous 
tribe which occupied the lands along the Lumbee River at the 
time of the earliest white settlements in that section; [and]
Whereas at the time of their first contacts with the colonists, 
these Indians were a well-established and distinctive people 
living in European-type houses in settled towns and 
communities, owning slaves and livestock, tilling the soil, and 
practicing many of the arts and crafts of European 
civilization; [and]
Whereas by reason of tribal legend, coupled with a distinctive 
appearance and manner of speech and the frequent recurrence 
among them of family names such as Oxendine, Locklear, Chavis, 
Drinkwater, Bullard, Lowery, Sampson, and others, also found on 
the roster of the earliest English settlements, these Indians 
may, with considerable show of reason, trace their origin to an 
admixture of colonial blood with certain coastal tribes of 
Indians; [and]
Whereas these people are naturally and understandably proud of 
their heritage, and desirous of establishing their social 
status and preserving their racial history[: Now, therefore,];

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 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,

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
Indians now residing in Robeson and adjoining counties of North 
Carolina, originally found by the first white settlers on the 
Lumbee River in Robeson County, and claiming joint descent from 
remnants of early American colonists and certain tribes of 
Indians originally inhabiting the coastal regions of North 
Carolina, shall, from and after the ratification of this Act, 
be known and designated as Lumbee Indians of North Carolina and 
shall continue to enjoy all rights, privileges, and immunities 
enjoyed by them as citizens of the State of North Carolina and 
of the United States as they enjoyed before the enactment of 
this Act, and shall continue to be subject to all the 
obligations and duties of such citizens under the laws of the 
State of North Carolina and the United States. [Nothing in this 
Act shall make such Indians eligible for any services performed 
by the United States for Indians because of their status as 
Indians, and none of the statutes of the United States which 
affect Indians because of their status as Indians shall be 
applicable to the Lumbee Indians.]
  [Sec. 2. All laws and parts of laws in conflict with this Act 
are hereby repealed.]
  Sec. 2. (a) Federal recognition is hereby extended to the 
Lumbee Tribe of North Carolina, as designated as petitioner 
number 65 by the Office of Federal Acknowledgement. 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) 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 of the Code of Federal Regulations for acknowledgement 
of tribal existence.
  Sec. 3. (a) 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 tribe. For the purposes of the delivery of 
such services, 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.
  (b) Upon 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. The Secretary of the 
Interior and the Secretary of Health and Human Services shall 
each submit a written statement of such needs and budget to 
Congress after the tribal roll is verified.
  (c) For purposes of the delivery of Federal services, the 
tribal roll in effect on the date of the enactment of this 
section shall, subject to verification by the Secretary of the 
Interior, define the service population of the Tribe. 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 2 years after the date of the 
enactment of this section.
  Sec. 4. (a) Fee lands which 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 of the Code of Federal 
Regulations (or a successor regulation) if such lands are 
located within Robeson County, North Carolina.
  (b) The tribe may not conduct gaming activities as a matter 
of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.) or under any regulations thereunder 
promulgated by the Secretary or the National Indian Gaming 
Commission.
  Sec. 5. (a) 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, lands located 
        within the State of North Carolina that are 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) The Secretary of the Interior is authorized to 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) pursuant to an agreement between the Lumbee Tribe 
and the State of North Carolina. Such transfer of jurisdiction 
may not take effect until 2 years after the effective date of 
the agreement.
  (c) The provisions of this subsection shall not affect the 
application of section 109 of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1919).
  Sec. 6. There are authorized to be appropriated such sums as 
are necessary to carry out this Act.

                                  
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