Calendar No. 333

103D CONGRESS

1ST SESSION H. R. 334

AN ACT

To provide for the recognition of the Lumbee Tribe

other purposes.of Cheraw Indians of North Carolina, and for

NOVEMBER 22, 1993

Read the second time and placed on the calendar
II

Calendar No. 333

103D CONGRESS

1ST SESSION H. R. 334

To provide for the recognition of the Lumbee Tribe of Cheraw Indians

of North Carolina, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 2, 1993

Received and read the first time

NOVEMBER 22, 1993

Read the second time and placed on the calendar

AN ACT

To provide for the recognition of the Lumbee Tribe of

Cheraw Indians 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—
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1 (1) by striking out ‘‘and’’ at the end of each of

2 the first three clauses;

3 (2) by striking out ‘‘: Now therefore,’’ at the

4 end of the last clause and inserting in lieu thereof

5 a semicolon; and

6 (3) by adding at the end thereof the following

7 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 the Lumbee Indians have been recognized by the

State of North Carolina as an Indian tribe since 1885;

‘‘Whereas the Lumbee Indians have sought Federal recognition as an Indian tribe since 1888; and

‘‘Whereas the Lumbee Indians are entitled to Federal recognition of their status as an Indian tribe and the benefits, privileges, and immunities that accompany such status: Now, therefore,’’.

8 SEC. 3. FEDERAL RECOGNITION.

9 The Act of June 7, 1956 (70 Stat. 254), is amend10 ed—

11 (1) by striking out the last sentence of the first

12 section; and

13 (2) by striking out section 2 and inserting in

14 lieu thereof the following:
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1 ‘‘FEDERAL RECOGNITION; ACKNOWLEDGMENT

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

3 to the Lumbee Tribe of Cheraw Indians of North Carolina.

4 All laws and regulations of the United States of general

5 application to Indians and Indian tribes shall apply to the

6 Lumbee Tribe of Cheraw Indians of North Carolina and

7 its members.

8 ‘‘(b) Notwithstanding the first section of this Act,

9 any group of Indians in Robeson or adjoining counties

10 whose members are not enrolled in the Lumbee Tribe of

11 Cheraw Indians of North Carolina, as determined under

12 section 4(b), may petition under part 83 of title 25 of the

13 Code of Federal Regulations for acknowledgment of tribal

14 existence.

15 ‘‘SERVICES

16 ‘‘SEC. 3. (a) The Lumbee Tribe of Cheraw Indians

17 of North Carolina and its members shall be eligible for

18 all services and benefits provided to Indians because of

19 their status as federally recognized Indians, except that

20 members of the tribe shall not be entitled to such services

21 until the appropriation of funds for these purposes. For

22 the purposes of the delivery of such services, those mem23 bers of the tribe residing in Robeson and adjoining coun24 ties, North Carolina, shall be deemed to be resident on

25 or near an Indian reservation.
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1 ‘‘(b) Upon verification of a tribal roll under section

2 4 by the Secretary of the Interior, the Secretary of the

3 Interior and the Secretary of Health and Human Services

4 shall develop, in consultation with the Lumbee Tribe of

5 Cheraw Indians of North Carolina, a determination of

6 needs and a budget required to provide services to which

7 the members of the tribe are eligible. The Secretary of

8 the Interior and the Secretary of Health and Human Serv9 ices shall each submit a written statement of such needs

10 and budget with the first budget request submitted to the

11 Congress after the fiscal year in which the tribal roll is

12 verified.

13 ‘‘(c)(1) The Lumbee Tribe of Cheraw Indians of

14 North Carolina is authorized to plan, conduct, consolidate,

15 and administer programs, services, and functions author16 ized under the Act of April 16, 1934 (48 Stat. 596; 25

17 U.S.C. 452, et seq.), and the Act of November 2, 1921

18 (42 Stat. 208; 25 U.S.C. 13), popularly known as the Sny19 der Act, pursuant to an annual written funding agreement

20 among the Lumbee Tribe of Cheraw Indians of North

21 Carolina, the Secretary of the Interior, and the Secretary

22 of Health and Human Services, which shall specify—

23 ‘‘(A) the services to be provided, the functions

24 to be performed, and the procedures to be used to
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1 reallocate funds or modify budget allocations, within

2 any fiscal year; and

3 ‘‘(B) the responsibility of the Secretary of the

4 Interior for, and the procedure to be used in, audit5 ing the expenditures of the tribe.

6 ‘‘(2) The authority provided under this subsection

7 shall be in lieu of the authority provided under the Indian

8 Self-Determination and Education Assistance Act (25

9 U.S.C. 450, et seq.).

10 ‘‘(3) Nothing in this subsection shall be construed as

11 affecting, modifying, diminishing, or otherwise impairing

12 the sovereign immunity from lawsuit enjoyed by the

13 Lumbee Tribe of Cheraw Indians of North Carolina or au14 thorizing or requiring the termination of any trust respon15 sibility of the United States with respect to the tribe.

16 ‘‘CONSTITUTION AND MEMBERSHIP

17 ‘‘SEC. 4. (a) The Lumbee Tribe of Cheraw Indians

18 of North Carolina shall organize for its common welfare

19 and adopt a constitution and bylaws. Any constitution, by20 laws, or amendments to the constitution or bylaws that

21 are adopted by the tribe must be consistent with the terms

22 of this Act and shall take effect only after such documents

23 are filed with the Secretary of the Interior. The Secretary

24 shall assist the tribe in the drafting of a constitution and

25 bylaws, the conduct of an election with respect to such
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1 constitution, and the reorganization of the government of

2 the tribe under any such constitution and bylaws.

3 ‘‘(b)(1) Until the Lumbee Tribe of Cheraw Indians

4 of North Carolina adopts a constitution and except as pro5 vided in paragraph (2), the membership of the tribe shall,

6 subject to review by the Secretary, consist of every individ7 ual who is named in the tribal membership roll that is

8 in effect on the date of enactment of this Act.

9 ‘‘(2)(A) Before adopting a constitution, the roll of the

10 tribe shall be open for a 180-day period to allow the enroll11 ment of any individual previously enrolled in another In12 dian group or tribe in Robeson or adjoining counties,

13 North Carolina, who demonstrates that—

14 ‘‘(i) the individual is eligible for enrollment in

15 the Lumbee Tribe of Cheraw Indians; and

16 ‘‘(ii) the individual has abandoned membership

17 in any other Indian group or tribe.

18 ‘‘(B) The Lumbee Tribe of Cheraw Indians of North

19 Carolina shall advertise in newspapers of general distribu20 tion in Robeson and adjoining counties, North Carolina,

21 the opening of the tribal roll for the purposes of subpara22 graph (A). The advertisement shall specify the enrollment

23 criteria and the deadline for enrollment.

24 ‘‘(3) The review of the tribal roll of the Lumbee Tribe

25 of Cheraw Indians of North Carolina shall be limited to
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1 verification of compliance with the membership criteria of

2 the tribe as stated in the Lumbee Petition for Federal Ac3 knowledgment filed with the Secretary by the tribe on De4 cember 17, 1987. The Secretary shall complete his review

5 and verification of the tribal roll within the 12-month pe6 riod beginning on the date on which the tribal roll is closed

7 under paragraph (2).

8 ‘‘JURISDICTION

9 ‘‘SEC. 5. (a)(1) The State of North Carolina shall ex10 ercise jurisdiction over—

11 ‘‘(A) all criminal offenses that are committed

12 on, and

13 ‘‘(B) all civil actions that arise on,

14 lands located within the State of North Carolina that are

15 owned by, or held in trust by the United States for, the

16 Lumbee Tribe of Cheraw Indians of North Carolina, any

17 member of the Lumbee Tribe of Cheraw Indians of North

18 Carolina, or any dependent Indian community of the

19 Lumbee Tribe of Cheraw Indians of North Carolina.

20 ‘‘(2) The Secretary of the Interior is authorized to

21 accept on behalf of the United States, after consulting

22 with the Attorney General of the United States, any trans23 fer by the State of North Carolina to the United States

24 of any portion of the jurisdiction of the State of North

25 Carolina described in paragraph (1) pursuant to an agree26 ment between the Lumbee Tribe of Cheraw Indians and
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1 the State of North Carolina. Such transfer of jurisdiction

2 may not take effect until two years after the effective date

3 of such agreement.

4 ‘‘(3) The provisions of this subsection shall not affect

5 the application of section 109 of the Indian Child Welfare

6 Act of 1978 (25 U.S.C. 1919).

7 ‘‘(b) Section 5 of the Act of June 18, 1934 (Chapter

8 576; 25 U.S.C. 465), and the Act of April 11, 1970 (84

9 Stat. 120; 25 U.S.C. 488 et seq.), shall apply to the

10 Lumbee Tribe of Cheraw Indians of North Carolina with

11 respect to lands within the exterior boundaries of Robeson

12 and adjoining counties, North Carolina.

13 ‘‘AUTHORIZATION OF APPROPRIATIONS

14 ‘‘SEC. 6. (a) There are authorized to be appropriated

15 such funds as may be necessary to carry out this Act.

16 ‘‘(b) In the first fiscal year in which funds are appro17 priated under this Act, the tribe’s proposals for expendi18 tures of such funds shall be submitted to the Select Com19 mittee on Indian Affairs of the Senate and the Committee

20 on Natural Resources of the House of Representatives 60

21 calendar days prior to any expenditure of such funds by

22 the tribe.’’.

Passed the House of Representatives October 28,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.