II 

116TH CONGRESS 

1ST SESSION S. 1368 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2019 

Mr. BURR 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. FEDERAL RECOGNITION. 

7 The Act of June 7, 1956 (70 Stat. 254, chapter 375), 

8 is amended— 

9 (1) by striking section 2; 


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1 (2) in the first sentence of the first section, by 

2 striking ‘‘That the Indians’’ and inserting the fol3 lowing: 

4 ‘‘SEC. 3. DESIGNATION OF LUMBEE INDIANS. 

5 ‘‘The Indians’’; 

6 (3) in the preamble— 

7 (A) by inserting before the first undesig8 nated clause the following: 

9 ‘‘SECTION 1. FINDINGS. 

10 ‘‘Congress finds that—’’; 

11 (B) by designating the undesignated 

12 clauses as paragraphs (1) through (4), respec13 tively, and indenting appropriately; 

14 (C) by striking ‘‘Whereas’’ each place it 

15 appears; 

16 (D) by striking ‘‘and’’ after the semicolon 

17 at the end of each of paragraphs (1) and (2) 

18 (as so designated); and 

19 (E) in paragraph (4) (as so designated), by 

20 striking ‘‘: Now, therefore,’’ and inserting a pe21 riod; 

22 (4) by moving the enacting clause so as to ap23 pear before section 1 (as so designated); 

24 (5) by striking the last sentence of section 3 (as 

25 designated by paragraph (2)); 


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1 (6) by inserting before section 3 (as designated 

2 by paragraph (2)) the following: 

3 ‘‘SEC. 2. DEFINITIONS. 

4 ‘‘In this Act: 

5 ‘‘(1) SECRETARY.—The term ‘Secretary’ means 

6 the Secretary of the Interior. 

7 ‘‘(2) TRIBE.—The term ‘Tribe’ means the 

8 Lumbee Tribe of North Carolina or the Lumbee In9 dians of North Carolina.’’; and 

10 (7) by adding at the end the following: 

11 ‘‘SEC. 4. FEDERAL RECOGNITION. 

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

13 to the Tribe (as designated as petitioner number 65 by 

14 the Office of Federal Acknowledgment). 

15 ‘‘(b) APPLICABILITY OF LAWS.—All laws and regula16 tions of the United States of general application to Indi17 ans and Indian tribes shall apply to the Tribe and its 

18 members. 

19 ‘‘(c) PETITION FOR ACKNOWLEDGMENT.—Notwith20 standing section 3, any group of Indians in Robeson and 

21 adjoining counties, North Carolina, whose members are 

22 not enrolled in the Tribe (as determined under section 

23 5(d)) may petition under part 83 of title 25 of the Code 

24 of Federal Regulations for acknowledgment of tribal exist25 ence. 


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1 ‘‘SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES. 

2 ‘‘(a) IN GENERAL.—The Tribe and its members shall 

3 be eligible for all services and benefits provided by the 

4 Federal Government to federally recognized Indian tribes. 

5 ‘‘(b) SERVICE AREA.—For the purpose of the delivery 

6 of Federal services and benefits described in subsection 

7 (a), those members of the Tribe residing in Robeson, Cum8 berland, Hoke, and Scotland counties in North Carolina 

9 shall be deemed to be residing on or near an Indian res10 ervation. 

11 ‘‘(c) DETERMINATION OF NEEDS.—On verification 

12 by the Secretary of a tribal roll under subsection (d), the 

13 Secretary and the Secretary of Health and Human Serv14 ices shall— 

15 ‘‘(1) develop, in consultation with the Tribe, a 

16 determination of needs to provide the services for 

17 which members of the Tribe are eligible; and 

18 ‘‘(2) after the tribal roll is verified, each submit 

19 to Congress a written statement of those needs. 

20 ‘‘(d) TRIBAL ROLL.— 

21 ‘‘(1) IN GENERAL.—For purpose of the delivery 

22 of Federal services and benefits described in sub23 section (a), the tribal roll in effect on the date of en24 actment of this section shall, subject to verification 

25 by the Secretary, define the service population of the 

26 Tribe. 


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1 ‘‘(2) VERIFICATION LIMITATION AND DEAD2 LINE.—The verification by the Secretary under 

3 paragraph (1) shall— 

4 ‘‘(A) be limited to confirming compliance 

5 with the membership criteria set out in the con6 stitution of the Tribe adopted on November 16, 

7 2001; and 

8 ‘‘(B) be completed not later than 2 years 

9 after the date of enactment of this section. 

10 ‘‘SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST. 

11 ‘‘(a) IN GENERAL.—The Secretary may take into 

12 trust for the benefit of the Tribe land of the Tribe. 

13 ‘‘(b) TREATMENT OF CERTAIN LAND.—An applica14 tion to take into trust land located within Robeson Coun15 ty, North Carolina, under this section shall be treated by 

16 the Secretary as an ‘on reservation’ trust acquisition 

17 under part 151 of title 25, Code of Federal Regulations 

18 (or a successor regulation). 

19 ‘‘(c) GAMING ACTIVITIES.—Land taken into trust 

20 under this section shall be eligible, or considered to have 

21 been taken into trust, for class II gaming or class III gam22 ing (as defined in section 4 of the Indian Gaming Regu23 latory Act (25 U.S.C. 2703)). 


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1 ‘‘SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA. 

2 ‘‘(a) IN GENERAL.—With respect to land located 

3 within the State of North Carolina that is owned by, or 

4 held in trust by the United States for the benefit of, the 

5 Tribe, or any dependent Indian community of the Tribe, 

6 the State of North Carolina shall exercise jurisdiction 

7 over— 

8 ‘‘(1) all criminal offenses that are committed; 

9 and 

10 ‘‘(2) all civil actions that arise. 

11 ‘‘(b) TRANSFER OF JURISDICTION.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

13 the Secretary may accept on behalf of the United 

14 States, after consulting with the Attorney General of 

15 the United States, any transfer by the State of 

16 North Carolina to the United States of any portion 

17 of the jurisdiction of the State of North Carolina de18 scribed in subsection (a) pursuant to an agreement 

19 between the Tribe and the State of North Carolina. 

20 ‘‘(2) RESTRICTION.—A transfer of jurisdiction 

21 described in paragraph (1) may not take effect until 

22 2 years after the effective date of the agreement de23 scribed in that paragraph. 

24 ‘‘(c) EFFECT.—Nothing in this section affects the ap25 plication of section 109 of the Indian Child Welfare Act 

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


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1 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated such sums 

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

Æ 


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