II 

113TH CONGRESS 

1ST SESSION S. 1132 

To provide for the recognition of the Lumbee Tribe of North Carolina, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 11, 2013 

Mr. BURR (for himself and Mrs. HAGAN) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To provide for the recognition of the Lumbee Tribe of North 

Carolina, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lumbee Recognition 

5 Act’’. 

6 SEC. 2. PREAMBLE. 

7 The preamble to the Act of June 7, 1956 (70 Stat. 

8 254), is amended as follows: 

9 (1) By striking ‘‘and’’ at the end of each clause. 


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1 (2) By striking ‘‘: Now, therefore,’’ at the end 

2 of the last clause and inserting a semicolon. 

3 (3) By adding at the end the following new 

4 clauses: 

5 SEC. 3. FEDERAL RECOGNITION. 

6 The Act of June 7, 1956 (70 Stat. 254), is amended 

7 as follows: 

8 (1) By striking the last sentence of the first 

9 section. 

10 (2) By striking section 2 and inserting the fol11 lowing new sections: 

12 ‘‘SEC. 2. (a) Federal recognition is hereby extended 

13 to the Lumbee Tribe of North Carolina, as designated as 

14 petitioner number 65 by the Office of Federal Acknowl15 edgment. All laws and regulations of the United States 

16 of general application to Indians and Indian tribes shall 

17 apply to the Lumbee Tribe of North Carolina and its 

18 members. 

19 ‘‘(b) Notwithstanding the first section, any group of 

20 Indians in Robeson and adjoining counties, North Caro21 lina, whose members are not enrolled in the Lumbee Tribe 

22 of North Carolina as determined under section 3(c), may 

23 petition under part 83 of title 25 of the Code of Federal 

24 Regulations for acknowledgment of tribal existence. 


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1 ‘‘SEC. 3. (a) The Lumbee Tribe of North Carolina 

2 and its members shall be eligible for all services and bene3 fits provided to Indians because of their status as mem4 bers of a federally recognized tribe. For the purposes of 

5 the delivery of such services, those members of the Tribe 

6 residing in Robeson, Cumberland, Hoke, and Scotland 

7 counties in North Carolina shall be deemed to be residing 

8 on or near an Indian reservation. 

9 ‘‘(b) Upon verification by the Secretary of the Inte10 rior of a tribal roll under subsection (c), the Secretary of 

11 the Interior and the Secretary of Health and Human Serv12 ices shall develop, in consultation with the Lumbee Tribe 

13 of North Carolina, a determination of needs to provide the 

14 services to which members of the Tribe are eligible. The 

15 Secretary of the Interior and the Secretary of Health and 

16 Human Services shall each submit a written statement of 

17 such needs to Congress after the tribal roll is verified. 

18 ‘‘(c) For purposes of the delivery of Federal services, 

19 the tribal roll in effect on the date of the enactment of 

20 this section shall, subject to verification by the Secretary 

21 of the Interior, define the service population of the Tribe. 

22 The Secretary’s verification shall be limited to confirming 

23 compliance with the membership criteria set out in the 

24 Tribe’s constitution adopted on November 16, 2001, which 


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1 verification shall be completed within 2 years after the 

2 date of the enactment of this section. 

3 ‘‘SEC. 4. (a) The Secretary may take land into trust 

4 for the Lumbee Tribe pursuant to this Act. An application 

5 to take land located within Robeson County, North Caro6 lina, into trust under this section shall be treated by the 

7 Secretary as an ‘on reservation’ trust acquisition under 

8 part 151 of title 25, Code of Federal Regulations (or a 

9 successor regulation). 

10 ‘‘(b) The tribe may not conduct gaming activities as 

11 a matter of claimed inherent authority or under the au12 thority of any Federal law, including the Indian Gaming 

13 Regulatory Act (25 U.S.C. 2701 et seq.) or under any reg14 ulations thereunder promulgated by the Secretary or the 

15 National Indian Gaming Commission. 

16 ‘‘SEC. 5. (a) The State of North Carolina shall exer17 cise jurisdiction over— 

18 ‘‘(1) all criminal offenses that are committed 

19 on; and 

20 ‘‘(2) all civil actions that arise on, lands located 

21 within the State of North Carolina that are owned 

22 by, or held in trust by the United States for, the 

23 Lumbee Tribe of North Carolina, or any dependent 

24 Indian community of the Lumbee Tribe of North 

25 Carolina. 


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1 ‘‘(b) The Secretary of the Interior is authorized to 

2 accept on behalf of the United States, after consulting 

3 with the Attorney General of the United States, any trans4 fer by the State of North Carolina to the United States 

5 of any portion of the jurisdiction of the State of North 

6 Carolina described in subsection (a) pursuant to an agree7 ment between the Lumbee Tribe and the State of North 

8 Carolina. Such transfer of jurisdiction may not take effect 

9 until 2 years after the effective date of the agreement. 

10 ‘‘(c) The provisions of this section shall not affect the 

11 application of section 109 of the Indian Child Welfare Act 

12 of 1978 (25 U.S.C. 1919). 

13 ‘‘SEC. 6. There are authorized to be appropriated 

14 such sums as are necessary to carry out this Act.’’. 

Æ 


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