II

103D CONGRESS

1ST SESSION H. R. 334

IN THE SENATE OF THE UNITED STATES

NOVEMBER 2, 1993

Received and read the first time

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—

9 (1) by striking out ‘‘and’’ at the end of each of

10 the first three clauses;

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

12 end of the last clause and inserting in lieu thereof

13 a semicolon; and
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1 (3) by adding at the end thereof the following

2 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,’’.

3 SEC. 3. FEDERAL RECOGNITION.

4 The Act of June 7, 1956 (70 Stat. 254), is amend5 ed—

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

7 section; and

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

9 lieu thereof the following:

10 ‘‘FEDERAL RECOGNITION; ACKNOWLEDGMENT

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

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

13 All laws and regulations of the United States of general

14 application to Indians and Indian tribes shall apply to the
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1 Lumbee Tribe of Cheraw Indians of North Carolina and

2 its members.

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

4 any group of Indians in Robeson or adjoining counties

5 whose members are not enrolled in the Lumbee Tribe of

6 Cheraw Indians of North Carolina, as determined under

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

8 Code of Federal Regulations for acknowledgment of tribal

9 existence.

10 ‘‘SERVICES

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

12 of North Carolina and its members shall be eligible for

13 all services and benefits provided to Indians because of

14 their status as federally recognized Indians, except that

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

16 until the appropriation of funds for these purposes. For

17 the purposes of the delivery of such services, those mem18 bers of the tribe residing in Robeson and adjoining coun19 ties, North Carolina, shall be deemed to be resident on

20 or near an Indian reservation.

21 ‘‘(b) Upon verification of a tribal roll under section

22 4 by the Secretary of the Interior, the Secretary of the

23 Interior and the Secretary of Health and Human Services

24 shall develop, in consultation with the Lumbee Tribe of

25 Cheraw Indians of North Carolina, a determination of

26 needs and a budget required to provide services to which
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1 the members of the tribe are eligible. The Secretary of

2 the Interior and the Secretary of Health and Human Serv3 ices shall each submit a written statement of such needs

4 and budget with the first budget request submitted to the

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

6 verified.

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

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

9 and administer programs, services, and functions author10 ized under the Act of April 16, 1934 (48 Stat. 596; 25

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

12 (42 Stat. 208; 25 U.S.C. 13), popularly known as the Sny13 der Act, pursuant to an annual written funding agreement

14 among the Lumbee Tribe of Cheraw Indians of North

15 Carolina, the Secretary of the Interior, and the Secretary

16 of Health and Human Services, which shall specify—

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

18 to be performed, and the procedures to be used to

19 reallocate funds or modify budget allocations, within

20 any fiscal year; and

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

22 Interior for, and the procedure to be used in, audit23 ing the expenditures of the tribe.

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

25 shall be in lieu of the authority provided under the Indian
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1 Self-Determination and Education Assistance Act (25

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

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

4 affecting, modifying, diminishing, or otherwise impairing

5 the sovereign immunity from lawsuit enjoyed by the

6 Lumbee Tribe of Cheraw Indians of North Carolina or au7 thorizing or requiring the termination of any trust respon8 sibility of the United States with respect to the tribe.

9 ‘‘CONSTITUTION AND MEMBERSHIP

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

11 of North Carolina shall organize for its common welfare

12 and adopt a constitution and bylaws. Any constitution, by13 laws, or amendments to the constitution or bylaws that

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

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

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

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

18 bylaws, the conduct of an election with respect to such

19 constitution, and the reorganization of the government of

20 the tribe under any such constitution and bylaws.

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

22 of North Carolina adopts a constitution and except as pro23 vided in paragraph (2), the membership of the tribe shall,

24 subject to review by the Secretary, consist of every individ25 ual who is named in the tribal membership roll that is

26 in effect on the date of enactment of this Act.
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1 ‘‘(2)(A) Before adopting a constitution, the roll of the

2 tribe shall be open for a 180-day period to allow the enroll3 ment of any individual previously enrolled in another In4 dian group or tribe in Robeson or adjoining counties,

5 North Carolina, who demonstrates that—

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

7 the Lumbee Tribe of Cheraw Indians; and

8 ‘‘(ii) the individual has abandoned membership

9 in any other Indian group or tribe.

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

11 Carolina shall advertise in newspapers of general distribu12 tion in Robeson and adjoining counties, North Carolina,

13 the opening of the tribal roll for the purposes of subpara14 graph (A). The advertisement shall specify the enrollment

15 criteria and the deadline for enrollment.

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

17 of Cheraw Indians of North Carolina shall be limited to

18 verification of compliance with the membership criteria of

19 the tribe as stated in the Lumbee Petition for Federal Ac20 knowledgment filed with the Secretary by the tribe on De21 cember 17, 1987. The Secretary shall complete his review

22 and verification of the tribal roll within the 12-month pe23 riod beginning on the date on which the tribal roll is closed

24 under paragraph (2).
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1 ‘‘JURISDICTION

2 ‘‘SEC. 5. (a)(1) The State of North Carolina shall ex3 ercise jurisdiction over—

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

5 on, and

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

7 lands located within the State of North Carolina that are

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

9 Lumbee Tribe of Cheraw Indians of North Carolina, any

10 member of the Lumbee Tribe of Cheraw Indians of North

11 Carolina, or any dependent Indian community of the

12 Lumbee Tribe of Cheraw Indians of North Carolina.

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

14 accept on behalf of the United States, after consulting

15 with the Attorney General of the United States, any trans16 fer by the State of North Carolina to the United States

17 of any portion of the jurisdiction of the State of North

18 Carolina described in paragraph (1) pursuant to an agree19 ment between the Lumbee Tribe of Cheraw Indians and

20 the State of North Carolina. Such transfer of jurisdiction

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

22 of such agreement.

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

24 the application of section 109 of the Indian Child Welfare

25 Act of 1978 (25 U.S.C. 1919).
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1 ‘‘(b) Section 5 of the Act of June 18, 1934 (Chapter

2 576; 25 U.S.C. 465), and the Act of April 11, 1970 (84

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

4 Lumbee Tribe of Cheraw Indians of North Carolina with

5 respect to lands within the exterior boundaries of Robeson

6 and adjoining counties, North Carolina.

7 ‘‘AUTHORIZATION OF APPROPRIATIONS

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

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

10 ‘‘(b) In the first fiscal year in which funds are appro11 priated under this Act, the tribe’s proposals for expendi12 tures of such funds shall be submitted to the Select Com13 mittee on Indian Affairs of the Senate and the Committee

14 on Natural Resources of the House of Representatives 60

15 calendar days prior to any expenditure of such funds by

16 the tribe.’’.

Passed the House of Representatives October 28,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.