79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–103 

LUMBEE RECOGNITION ACT 

MAY 12, 2009.—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 

together with 

ADDITIONAL AND DISSENTING VIEWS 

[To accompany H.R. 31] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 31) 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 


jbell on PROD1PC69 with REPORTS
2 

‘‘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 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 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 16, 2001, which verification 

shall be completed within 2 years after the date of the enactment of this section. 

‘‘SEC. 4. (a) The Secretary may take land into trust for the Lumbee Tribe pursuant to this Act. An application to take land located within Robeson County, North 

Carolina, into trust under this section shall be treated by the Secretary as an ‘on 

reservation’ trust acquisition under part 151 of title 25, Code of Federal Regulation 

(or a successor regulation). 

‘‘(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 subsection (a) 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 section 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 BILL

The purpose of H.R. 31 is to provide for the recognition of the 

Lumbee Tribe of North Carolina, and for other purposes. 


jbell on PROD1PC69 with REPORTS
3 

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; S. 420, 108th Cong., 1st Sess. [House companion H.R. 

898]; S. 660, 109th 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.; S. Rep. No. 108–213, 108th Cong., 1st Sess.; S. Rep. No. 

109–334, 109th Cong., 2d Sess.; and H. Rep. No. 110–164, 110th Cong., 1st. Sess. 3See Indian School Supervisor Pierce Report, filed with the 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 Institution, 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 ancestors of the Lumbee were mainly Cheraw and related 

Siouan-speaking Indians who have, since the 1700s, lived in the 

area of what is now Robeson County, North Carolina. While they 

have been referred to under many different names, the Lumbee 

take their name from the river known as Lumbee River to the tribe 

and Lumber River to others. This river flows through Robeson 

County. 

The issue of the status of the Lumbee Tribe of North Carolina 

comes to the Committee with a voluminous congressional and administrative record. The beginning of the Lumbee Tribe’s struggle 

for federal recognition dates back over 100 years to 1888, when 44 

tribal leaders signed a petition seeking federal assistance for their 

people and more specifically for funding the tribe’s schools. After 

Congress referred the petition to the Department of the Interior, 

the Commissioner of Indian Affairs ultimately denied the tribe’s request, claiming the agency had insufficient resources. 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 


jbell on PROD1PC69 with REPORTS
4 

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 surnames as families linked historically to the known Cheraw territory, e.g. Locklear, Chavis, Grooms 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. Eleven studies 

done on the Lumbee Tribe by personnel from the Bureau of Indian 

Affairs express no doubt that the ancestors of the modern day 

Lumbee Tribe were Indian. For example, 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. Further, 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, run by the 

tribe itself. Enrollment in the school was restricted to Lumbee children who could demonstrate Lumbee descent four generations 

back, or into the 1770s. 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, State 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 


jbell on PROD1PC69 with REPORTS
5 

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 by the 

state. 

Senate Resolution 344 (1914) 

This resolution called for an investigation into the status and 

conditions of the Indians of Robeson County and adjoining counties. 

As a result, Special Indian Agent O.M. McPherson visited Robeson 

County and afterwards issued a 252–page report which covered all 

aspects of the tribe’s history and condition and confirmed the tribal 

characteristics of the Lumbee Indians. Furthermore, he declared 

that they were eligible to attend the federal Indian schools. Congress, however, failed to take action on the McPherson report. 

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 

of the Interior 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. 

1968 Tiwa Act (82 Stat. 93) 

The 1956 Lumbee Act was a model for the Tiwa Act of 1968 and 

served nearly the same purpose in that it recognized the Tiwa as 

Indians but terminated any federal trust relationship with the 

tribe. Yet in 1987, Congress enacted the Ysleta del Sur Pueblo Restoration Act that restored the federal trust relationship and extended full federal recognition to the Ysleta del Sur Pueblo of 

Texas, previously known as the Texas Tiwa. This restoration Act 

acknowledged that the 1968 Tiwa Act had recognized the Tiwa (S. 

Rep. 100–90, 100th Cong., 1st sess.) and therefore many argue, its 

model—the 1956 Lumbee Act—must have recognized the Lumbee 


jbell on PROD1PC69 with REPORTS
6 

and that it is in the hands of Congress to restore the federal relationship with the Lumbee. 

Federal acknowledgment process 

Pursuant to the Department of the Interior’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 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 is 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 departmental 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. 


jbell on PROD1PC69 with REPORTS
7 

4 436 U.S. 49, 72 n. 32 (1978) 

In United States v. Sandoval, 231 U.S. 28 (1913), the Supreme 

Court has held that Congress’ authority to recognize an Indian 

tribe is limited to ‘‘distinctly Indian communities.’’ The eleven reports done on the Lumbee Tribe by the Bureau of Indian Affairs 

and the congressional record of H.R. 31 all establish that the 

Lumbee Tribe constitutes a distinct Indian community. 

Membership and governing structure 

Native nations have the inherent authority to determine their 

membership. In Santa Clara v. Martinez,4 the Supreme Court stated, ‘‘A tribe’s right to define its own membership for tribal purposes 

has long been recognized as central to its existence as an independent political community.’’ 

Approximately 55,000 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, the list of 44 

individuals recognized by the State of North Carolina as Croatan 

Indians, and those who signed an 1888 petition to Congress by 

which the Lumbee ancestors first sought federal recognition. The 

Lumbee service population is identified as those members residing 

in Robeson, Cumberland, Hoke, and Scotland Counties, North 

Carolina. CBO estimated the Lumbee service population at 39,700 

members. The Lumbee tribal membership rolls are now closed as 

their status is being considered by Congress. This is common practice for tribes seeking federal recognition, whether from Congress 

or from the Department of the Interior under 25 CFR Part 83. 

Tribes typically re-open their rolls after recognition to allow for enrollment of newly born tribal citizens. 

The Lumbee Indians have never had a reservation or received 

services from the Bureau of Indian Affairs or the Indian Health 

Service though they are eligible for and do receive funds from other 

federal Indian programs because of their recognition by the State 

of North Carolina. On November 21, 2001, the Lumbee Tribe voted 

overwhelmingly to organize under a tribal constitution. The constitution sets out the requirements for tribal membership, including descent from an individual on a base roll consisting of tribal 

members identified in federal censuses, Indian school records, and 

other documents dated around 1900. The constitution creates the 

Office of Tribal Chairman, elected by all voting tribal members, 

and twenty-one tribal council members, elected from districts within the Lumbee communities. 

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 has repeatedly stated that they have no intention of pursuing gaming at 

this time. Accordingly, the tribe is prohibited by H.R. 31 from conducting, licensing, or regulating gaming pursuant to any inherent 


jbell on PROD1PC69 with REPORTS
8 

authority they may possess, the Indian Gaming Regulatory Act, or 

any other federal law. 

Lumbee recognition legislation (100th–110th Congresses) 

During the 100th Congress, companion bills to recognize the 

Lumbee Tribe (H.R. 5042 and S. 2672) were introduced and hearings were held on the bills. The Senate bill was reported favorably 

out of the Senate Committee on Indian Affairs, but no further action was taken on it. In the 102nd Congress, H.R. 1426 passed in 

the House with 240 yeas, 167 nays, but the Senate failed to invoke 

cloture on debate and the bill died. In the 103rd Congress, H.R. 

334 passed the House but was never acted on in the Senate. Rep. 

McIntyre introduced H.R. 898 during the 108th Congress and hearings were held on the bill but no further actions were taken. Rep. 

McIntyre introduced Lumbee recognition legislation (H.R. 21) once 

again during the 109th Congress but no major actions were taken. 

Rep McIntyre yet again introduced H.R. 65 in the 110th Congress 

with a companion bill, S. 333 introduced in the Senate. H.R. 65 

passed the house on June 6, 2007 with 256 yeas and 128 nays but 

the Senate failed to act on either H.R. 65 or S. 333. 

COMMITTEE ACTION

H.R. 31 was introduced by Rep. Mike McIntyre (D–NC) on January 6, 2009. The bill was referred to the Committee on Natural Resources and has 185 cosponsors. On March 18, 2009, the Committee on Natural Resources held a hearing on H.R. 31. The Committee received testimony from the Hon. Mike McIntyre (D–NC); 

the Hon. Heath Shuler (D–NC); the Hon. Patrick McHenry (R–NC); 

the Hon. Walter B. Jones (R–NC); Chairman James Ernest Goins, 

Lumbee Tribe of North Carolina; Mr. Gerald Danforth; Ms. Arlinda 

Locklear; and Mr. Michael Cook. Mr. George Skibine, Acting Deputy Associate Secretary for Policy & Economic Development, Department of the Interior, Bureau of Indian Affairs, also testified on 

behalf of the Administration in support of the bill. 

On April 22, 2009, the Committee met to consider the bill. Chairman Rahall (D–WV) offered an en bloc amendment to clarify the 

right of the Secretary of the Interior to take land into trust for the 

Lumbee Tribe and delete the requirement that the Secretaries of 

the Interior and Health and Human Services provide a budget to 

Congress to meet the needs of the Lumbee Tribe. It was adopted 

by voice vote. The bill, as amended, was then ordered favorably reported to the House of Representatives by voice vote. 

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 contains findings 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 exVerDate Nov 24 2008 05:22 May 13, 2009 Jkt 079006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR103.XXX HR103

jbell on PROD1PC69 with REPORTS
9 

tend 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 petitioner. 

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 four counties in North Carolina. The Secretary of the Interior and the Secretary 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. 

Further, this section provides that the Lumbee 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. 

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 Interior shall verify the tribe’s roll within two 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 of 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 carVerDate Nov 24 2008 05:22 May 13, 2009 Jkt 079006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR103.XXX HR103

jbell on PROD1PC69 with REPORTS
10 

rying 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. 31—Lumbee Recognition Act 

Summary: H.R. 31 would provide federal recognition to the 

Lumbee Tribe of North Carolina, thereby making the tribe eligible 

to receive funding from various federal programs. CBO estimates 

that implementing this legislation would cost $786 million over the 

2010–2014 period, assuming appropriation of the necessary funds. 

Enacting H.R. 31 would not affect direct spending or revenues. 

H.R. 31 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the federal government: The estimated budgetary impact of H.R. 31 is shown in the following table. The costs 

of this legislation fall within budget functions 450 (community and 

regional development) and 550 (health). 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2919– 

2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

.

Bureau of Indian Affairs: 

Estimated Authorization Level ............................... 28 29 29 30 30 146 

Estimated Outlays ................................................... 21 28 29 30 30 138 

Indian Health Service: 

Estimated Authorization Level ................................. 126 129 132 135 139 661 

Estimated Outlays ................................................... 113 129 132 135 139 648 

Total Changes:.

Estimated Authorization Level ........................ 154 158 161 165 169 807 

Estimated Outlays .......................................... 134 157 161 165 169 786 

Basis of estimate: For this estimate, CBO assumes that H.R. 31 

will be enacted near the end of fiscal year 2009. The bill would provide federal recognition to the Lumbee Tribe of North Carolina. 

Such recognition would allow the Lumbee, with membership of 

about 54,000 people, to receive benefits from various programs administered by the Bureau of Indian Affairs (BIA) and the Indian 

Health Service (IHS). Based on the average expenditures from 


jbell on PROD1PC69 with REPORTS
11 

those agencies for other Indian tribes, CBO estimates that implementing H.R. 31 would cost $786 million over the 2010–2014 period, assuming appropriation of the necessary funds. 

Bureau of Indian Affairs: BIA provides funding to federally recognized 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 in the 

tribe’s service area. (A service area is where BIA services are generally provided.) Based on information from BIA, CBO expects that 

the Lumbee Tribe would receive approximately $6 million per year 

in such funding, assuming that about 75 percent of the total membership lives within the tribe’s designated service area. In addition 

to the tribal priority allocation, the Lumbee Tribe would likely receive BIA funding based on other needs and characteristics of the 

tribe’s members. 

In total, CBO estimates that providing BIA services would cost 

$138 million over the 2010–2014 period, assuming appropriation of 

the necessary funds. This estimate is based on per capita expenditures for other federally recognized tribes located in the eastern 

United States. 

Indian Health Service: H.R. 31 also would make members of the 

Lumbee Tribe eligible to receive health benefits from the IHS. 

Based on information from the IHS, CBO estimates that about 56 

percent of tribal members—or about 31,000 people—would receive 

benefits each year. CBO assumes that the cost to serve those individuals would be similar to funding for current IHS beneficiaries— 

about $4,000 per individual in 2009. Assuming appropriation of the 

necessary funds and adjusting for anticipated inflation, CBO estimates that IHS benefits for the Lumbee Tribe would cost $648 million over the 2010–2014 period. 

Other Federal agencies: In addition to BIA and IHS funding, certain Indian tribes also receive support from other federal programs 

within the Departments of Education, Housing and Urban Development, Labor, and Agriculture. Based on their status as a tribe recognized by North Carolina, the Lumbee are already eligible to receive funding from those departments. Thus, CBO estimates that 

implementing H.R. 31 would not add to the cost of those programs. 

Intergovernmental and private-sector impact: H.R. 31 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Leigh Angres—Bureau of 

Indian Affairs, Robert Stewart—Indian Health Service; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Marin Randall. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 


jbell on PROD1PC69 with REPORTS
12 

EARMARK STATEMENT

H.R. 31 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 

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 


jbell on PROD1PC69 with REPORTS
13 

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. 

(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 

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 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 


jbell on PROD1PC69 with REPORTS
14 

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 16, 2001, which 

verification shall be completed within 2 years after the date of the 

enactment of this section. 

SEC. 4. (a) The Secretary may take land into trust for the Lumbee 

Tribe pursuant to this Act. An application to take land located within Robeson County, North Carolina, into trust under this section 

shall be treated by the Secretary as an ‘‘on reservation’’ trust acquisition under part 151 of title 25, Code of Federal Regulation (or a 

successor regulation). 

(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 subsection (a) 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 section 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. 


jbell on PROD1PC69 with REPORTS
(15) 

ADDITIONAL AND DISSENTING VIEWS 

H.R. 31 extends recognition to the Lumbee Indians of North 

Carolina. If recognized, the Lumbees would be one of the largest 

tribes in the U.S. in terms of their membership. According to the 

Congressional Budget Office, this would cost $786 million over the 

FY 2010–14 period, assuming appropriation of the necessary funds. 

Perhaps the Democratic Leadership no longer suffers from sticker 

shock in light of the trillions of taxpayer dollars it has spent, borrowed, and taxed in just a few months, but three-quarters of the 

billion dollars is nevertheless a significant sum of money and recognizing an enormous new tribe may stretch budgets thin for services 

provided to tribes everywhere else. Legislative proposals to recognize the Lumbee have surfaced numerous times over the last century, yet none were enacted. No new information has come to light 

to justify passing it today; thus, further action on H.R. 31 seems 

premature. Simply put, more justification is needed to recognize 

the Lumbee Tribe. 

First, the Obama Administration testified in support of H.R. 31, 

reversing the stance of the Bush Administration. In the Committee 

hearing on the bill held on March 18, 2009, the witness from the 

Department of the Interior was unable to explain why the Obama 

Administration supports legislative recognition of the Lumbees. 

The witness testified: 

There are rare circumstances when Congress should intervene and recognize a tribal group, and the case of the 

Lumbee Indians is one such rare case. We support H.R. 31 

with amendments as discussed below. 

What are these ‘‘rare circumstances’’? The witness did not describe them. What if any standard did the Obama Administration 

use to decide the Lumbees warrant federal recognition in light of 

the opposition of previous Administration’s? None were provided. 

The witness could not even identify who in the Administration 

made the recommendation for the President to endorse Lumbee 

recognition, or whether there were any objective criteria and standards on which the endorsement was based. Perhaps the President 

used ‘‘empathy’’ rather than rule of law to make his decision. Perhaps the decision was a political one. Maybe it is purely arbitrary. 

In any case, it would help the Congress to be informed as to why 

the Executive Branch shifted its historic stance. 

In spite of a number of hearings in the House and Senate over 

the years, there are nevertheless some unanswered questions. To 

date, the Committee does not seem to have reliable information as 

to how many members are in the tribe. In the Committee hearing 

on H.R. 31, the Interior witness estimated the Lumbee tribe includes ‘‘over 40,000’’ members. The Lumbee Chairman subsequently testified there are about 55,000 members. Why is there a 


jbell on PROD1PC69 with REPORTS
16 

difference of 15,000 between what is recognized by Interior and the 

Tribe? This disparity alone is larger than the enrollment of many 

whole tribes. 

According to a recent news article that was submitted for the 

hearing record, some Lumbees want to open the rolls and increase 

the membership of the tribe even more, but the tribe is holding off 

doing so until Congress passes H.R. 31. 

The House should obtain a certain membership number on which 

to estimate the cost of the bill and its impact on resources available 

to all recognized tribes. The CBO bases its dramatic cost estimate 

of $786 million over five years on an assumed enrollment of 54,000 

members. If the Lumbee does change its enrollment criteria to expand membership after recognition is extended, the costs could 

swell to more than a billion dollars over the same five-year period. 

This leads to a related concern. As written, the bill does not require members of the Lumbee tribe to be individuals possessing Indian ancestry. There is no reason to question the intentions of the 

tribe, which wants to enroll only Indian people. But as the Constitution reserves only to Congress the power to recognize a tribe, 

then it is the duty of the Congress to ensure that a tribal recognition bill provides a means to verify that it is recognizing a tribe of 

Indian people. To do otherwise undermines the whole notion of 

tribal recognition and thereby dishonors all validly recognized 

tribes. 

On this point, H.R. 31 limits the Secretary only to ‘‘confirming 

compliance with the membership criteria set out in the Tribe’s constitution adopted on November 16, 2001, which verification shall be 

completed within 2 years after the date of the enactment of this 

section.’’ This language actually prohibits the Secretary from confirming whether all Lumbee members descend from historic Indian 

tribes of North Carolina as described in the findings section of the 

bill. This is inappropriate and unreasonable. 

The membership criteria of the tribe, according to the Lumbee 

chairman, consist of two things: proof of descent from an ancestor 

on the tribe’s base roll, and maintaining contact with the tribe. 

There is no mechanism in H.R. 31 providing that anyone—other 

than the Lumbee Tribe itself—to verify that individuals listed on 

the tribe’s base roll are, in fact, Indian people. The tribe has testified that its members are descendants of coastal North Carolina 

tribes. At a minimum, the Secretary should verify that every member of the tribe descends from such historic tribes. Such verification 

has not been done and it is not required under H.R. 31. 

Verification of Indian ancestry is justified for the simple reason 

that it is a tenet of Indian law. A number of laws enacted over 

many years provide clear requirements that Indian people must be 

members of Indian tribes. H.R. 31 should be no different. 

A final and broader concern with H.R. 31 is that what Congress 

does with this bill could well affect the Committee’s ongoing work 

to address the Supreme Court decision in Carcieri v. Salazar. Members of the Committee who were present for the April 1 hearing on 

this matter learned that the Supreme Court held that the Secretary of the Interior has no authority to acquire lands into trust 

for tribes not under federal jurisdiction in 1934, except when authorized by a specific Act of Congress. As a result, the Secretary 


jbell on PROD1PC69 with REPORTS
17 

can no longer acquire lands in trust without a specific Act of Congress for tribes recognized after 1934, and the trust status of the 

lands of such tribes might be open to challenge. 

The Lumbee Tribe was not under federal jurisdiction in 1934. 

Thus, anything done with H.R. 31, could set a precedent for resolving Carcieri. Under H.R. 31, lands placed in trust for the Lumbee 

Tribe will be secure; meanwhile, lands held in trust or proposed for 

trust by other tribes recognized many years ago, are not secure. 

This kind of inconsistency in federal Indian policy is the kind that 

led to the Carcieri controversies in the first place. 

If the solution to Carcieri is to deal with each and every post– 

1934 tribe’s trust land application separately in Congress, then 

H.R. 31 is appropriate. If the solution is to provide the Secretary 

of Interior with appropriate authority to acquire lands in trust, 

then H.R. 31 is not appropriate. 

While the Committee has held a hearing on Carcieri, there seems 

to be no consensus on how to resolve it. We have received no testimony from the Department, and none of the tribes, states, counties, 

cities, private land owners and other concerned interests have had 

an opportunity to testify in the Committee as of the time the report 

for H.R. 31 is filed. 

It would be wise to postpone Floor action of any recognition bills 

until the Committee acquires a better understanding of the impacts 

of Carcieri and what to do about it. 

DOC HASTINGS. 

Æ 


jbell on PROD1PC69 with REPORTS