59–006 

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,’’. 


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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. 


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1See 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. 2See 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. 3See 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. 

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. 

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 surVerDate Aug 31 2005 02:34 May 26, 2007 Jkt 059006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR164.XXX HR164

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names 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 


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‘‘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. 


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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 reVerDate Aug 31 2005 02:34 May 26, 2007 Jkt 059006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR164.XXX HR164

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ceived 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: 


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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. 


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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. 


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By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Bureau of Indian Affairs: 

Estimated Authorization Level ....................................................................... 22 23 23 24 24 

Estimated Outlays .......................................................................................... 16 21 22 23 23 

Indian Health Service: 

Estimated Authorization Level ....................................................................... 71 73 76 79 82 

Estimated Outlays .......................................................................................... 64 73 76 79 82 

Total Changes: 

Estimated Authorization Level .............................................................. 93 96 99 103 106 

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. 


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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; øand¿ 

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; øand¿ 

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; øand¿ 

Whereas these people are naturally and understandably proud of 

their heritage, and desirous of establishing their social status 

and preserving their racial historyø: Now, therefore,¿; 

Whereas the Lumbee Indians of Robeson and adjoining counties in 

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dian 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. øNothing 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.¿ 

øSEC. 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. 


bajohnson on PROD1PC69 with REPORTS
14 

(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. 

Æ 


bajohnson on PROD1PC69 with REPORTS