[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.
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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.