II 

110TH CONGRESS 

1ST SESSION S. 333 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 18, 2007 

Mrs. DOLE (for herself, Mr. BURR, Mr. INOUYE, and Ms. MIKULSKI) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To provide for the acknowledgment 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— 

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; and 

3 (3) by adding at the end the following: 

4 ‘‘Whereas the Lumbee Indians of Robeson and ad5 joining counties in North Carolina are descendants of 

6 coastal North Carolina Indian tribes, principally Cheraw, 

7 and have remained a distinct Indian community since the 

8 time of contact with white settlers; 

9 ‘‘Whereas since 1885 the State of North Carolina has 

10 recognized the Lumbee Indians as an Indian tribe; 

11 ‘‘Whereas in 1956 the Congress of the United States 

12 acknowledged the Lumbee Indians as an Indian tribe, but 

13 withheld from the Lumbee Tribe the benefits, privileges 

14 and immunities to which the Tribe and its members other15 wise would have been entitled by virtue of the Tribe’s sta16 tus as a federally recognized Indian tribe; and 

17 ‘‘Whereas the Congress finds that the Lumbee Indi18 ans should now be entitled to full Federal recognition of 

19 their status as an Indian tribe and that the benefits, privi20 leges and immunities that accompany such status should 

21 be accorded to the Lumbee Tribe: Now, therefore,’’. 

22 SEC. 3. FEDERAL RECOGNITION. 

23 The Act of June 7, 1956 (70 Stat. 254), is amend24 ed— 


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1 (1) by striking the last sentence of the first sec2 tion; and 

3 (2) by striking section 2 and inserting the fol4 lowing: 

5 ‘‘SEC. 2. RECOGNITION. 

6 ‘‘(a) IN GENERAL.—Federal recognition is extended 

7 to the Lumbee Tribe of North Carolina. All laws and regu8 lations of the United States of general application to Indi9 ans and Indian tribes shall apply to the Lumbee Tribe 

10 of North Carolina and its members. 

11 ‘‘(b) PETITION.—Notwithstanding the first section, 

12 any group of Indians in Robeson and adjoining counties, 

13 North Carolina, whose members are not enrolled in the 

14 Lumbee Tribe of North Carolina as determined under sec15 tion 3(c), may petition under part 83 of title 25, Code 

16 of Federal Regulations (or any successor regulation) for 

17 acknowledgment of tribal existence. 

18 ‘‘SEC. 3. ELIGIBILITY FOR SERVICES AND BENEFITS. 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) SERVICES AND BENEFITS.—The Lumbee 

21 Tribe of North Carolina and its members shall be el22 igible for all services and benefits provided to Indi23 ans because of their status as members of a feder24 ally recognized Indian tribe. 


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1 ‘‘(2) RESIDENCE ON OR NEAR RESERVATION.— 

2 For the purposes of the delivery of such services, 

3 members of the Tribe residing in Robeson, Cum4 berland, Hoke, and Scotland counties in North Caro5 lina shall be deemed to be residing on or near an In6 dian reservation. 

7 ‘‘(b) DETERMINATION OF NEEDS AND BUDGET.— 

8 ‘‘(1) IN GENERAL.—On verification by the Sec9 retary of the Interior of a tribal roll under sub10 section (c), the Secretary of the Interior and the 

11 Secretary of Health and Human Services shall de12 velop, in consultation with the Lumbee Tribe of 

13 North Carolina, a determination of needs and budg14 et to provide the services to which members of the 

15 Tribe are eligible. 

16 ‘‘(2) INCLUSION IN BUDGET REQUEST.—The 

17 Secretary of the Interior and the Secretary of 

18 Health and Human Services shall each submit a 

19 written statement of those needs and a budget with 

20 the first budget request submitted to Congress after 

21 the fiscal year in which the tribal roll is verified. 

22 ‘‘(c) TRIBAL ROLL.— 

23 ‘‘(1) IN GENERAL.—For purposes of the deliv24 ery of Federal services, the tribal roll in effect on 

25 the date of enactment of this section shall, subject 


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1 to verification by the Secretary of the Interior, de2 fine the service population of the Tribe. 

3 ‘‘(2) VERIFICATION.—The Secretary’s 

4 verification shall be limited to confirming compliance 

5 with the membership criteria set out in the Tribe’s 

6 constitution adopted on November 11, 2000, which 

7 verification shall be completed not less than 1 year 

8 after the date of enactment of this section. 

9 ‘‘SEC. 4. FEE LAND. 

10 ‘‘Fee land that the Tribe seeks to convey to the 

11 United States to be held in trust shall be treated by the 

12 Secretary of the Interior as on-reservation trust acquisi13 tions under part 151 of title 25 Code of Federal Regula14 tions (or any successor regulation) if the land is located 

15 within Robeson County, North Carolina. 

16 ‘‘SEC. 5. STATE JURISDICTION. 

17 ‘‘(a) IN GENERAL.—The State of North Carolina 

18 shall exercise jurisdiction over— 

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

20 on; and 

21 ‘‘(2) all civil actions that arise on; 

22 land located within the state of North Carolina that is 

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

24 Lumbee Tribe of North Carolina, or any dependent Indian 

25 community of the Lumbee Tribe of North Carolina. 


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1 ‘‘(b) TRANSFER.— 

2 ‘‘(1) IN GENERAL.—The Secretary of the Inte3 rior may accept on behalf of the United States, after 

4 consulting with the Attorney General of the United 

5 States, any transfer by the State of North Carolina 

6 to the United States of any portion of the jurisdic7 tion of the State of North Carolina described in 

8 paragraph (1) under an agreement between the 

9 Lumbee Tribe and the State of North Carolina. 

10 ‘‘(2) EFFECTIVE DATE.—A transfer of jurisdic11 tion under paragraph (1) shall not take effect until 

12 2 years after the effective date of the agreement. 

13 ‘‘(c) EFFECT OF SECTION.—This section shall not af14 fect the application of section 109 of the Indian Child Wel15 fare Act of 1978 (25 U.S.C. 1919). 

16 ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

17 ‘‘There are authorized to be appropriated such sums 

18 as are necessary to carry out this Act.’’. 

Æ 


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