II 

111TH CONGRESS 

1ST SESSION S. 1735 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1, 2009 

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: 

‘‘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,’’. 

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: 


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

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

3 petitioner number 65 by the Office of Federal Acknowl4 edgment. All laws and regulations of the United States 

5 of general application to Indians and Indian tribes shall 

6 apply to the Lumbee Tribe of North Carolina and its 

7 members. 

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

9 Indians in Robeson and adjoining counties, North Caro10 lina, whose members are not enrolled in the Lumbee Tribe 

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

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

13 Regulations for acknowledgment of tribal existence. 

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

15 and its members shall be eligible for all services and bene16 fits provided to Indians because of their status as mem17 bers of a federally recognized tribe. For the purposes of 

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

19 residing in Robeson, Cumberland, Hoke, and Scotland 

20 counties in North Carolina shall be deemed to be residing 

21 on or near an Indian reservation. 

22 ‘‘(b) Upon verification by the Secretary of the Inte23 rior of a tribal roll under subsection (c), the Secretary of 

24 the Interior and the Secretary of Health and Human Serv25 ices shall develop, in consultation with the Lumbee Tribe 


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

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

3 Secretary of the Interior and the Secretary of Health and 

4 Human Services shall each submit a written statement of 

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

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

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

8 this section shall, subject to verification by the Secretary 

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

10 The Secretary’s verification shall be limited to confirming 

11 compliance with the membership criteria set out in the 

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

13 verification shall be completed within 2 years after the 

14 date of the enactment of this section. 

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

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

17 to take land located within Robeson County, North Caro18 lina, into trust under this section shall be treated by the 

19 Secretary as an ‘on reservation’ trust acquisition under 

20 part 151 of title 25, Code of Federal Regulation (or a suc21 cessor regulation). 

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

23 a matter of claimed inherent authority or under the au24 thority of any Federal law, including the Indian Gaming 

25 Regulatory Act (25 U.S.C. 2701 et seq.) or under any regVerDate Nov 24 2008 03:02 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1735.IS S1735

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1 ulations thereunder promulgated by the Secretary or the 

2 National Indian Gaming Commission. 

3 ‘‘SEC. 5. (a) The State of North Carolina shall exer4 cise jurisdiction over— 

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

6 on; and 

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

8 within the State of North Carolina that are owned 

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

10 Lumbee Tribe of North Carolina, or any dependent 

11 Indian community of the Lumbee Tribe of North 

12 Carolina. 

13 ‘‘(b) 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 subsection (a) pursuant to an agree19 ment between the Lumbee Tribe and the State of North 

20 Carolina. Such transfer of jurisdiction may not take effect 

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

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

23 application of section 109 of the Indian Child Welfare Act 

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


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

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

Æ 


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