II 

109TH CONGRESS 

1ST SESSION S. 660

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2005

Mrs. DOLE (for herself and Mr. BURR) 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:

‘‘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 Indian 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,’’.

4 SEC. 3. FEDERAL RECOGNITION. 

5 The Act of June 7, 1956 (70 Stat. 254), is amend6 ed—

7 (1) by striking the last sentence of the first sec8 tion; and 

9 (2) by striking section 2 and inserting the fol10 lowing: 
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1 ‘‘SEC. 2. RECOGNITION. 

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

3 to the Lumbee Tribe of North Carolina. All laws and regu4 lations of the United States of general application to Indi5 ans and Indian tribes shall apply to the Lumbee Tribe 

6 of North Carolina and its members. 

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

8 any group of Indians in Robeson and adjoining counties, 

9 North Carolina, whose members are not enrolled in the 

10 Lumbee Tribe of North Carolina as determined under sec11 tion 3(c), may petition under part 83 of title 25, Code 

12 of Federal Regulations (or any successor regulation) for 

13 acknowledgment of tribal existence. 

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

15 ‘‘(a) IN GENERAL.—

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

17 Tribe of North Carolina and its members shall be el18 igible for all services and benefits provided to Indi19 ans because of their status as members of a feder20 ally recognized Indian tribe. 

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

22 For the purposes of the delivery of such services, 

23 members of the Tribe residing in Robeson, Cum24 berland, Hoke, and Scotland counties in North Caro25 lina shall be deemed to be residing on or near an In26 dian reservation. 
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1 ‘‘(b) DETERMINATION OF NEEDS AND BUDGET.—

2 ‘‘(1) IN GENERAL.—On verification by the Sec3 retary of the Interior of a tribal roll under sub4 section (c), the Secretary of the Interior and the 

5 Secretary of Health and Human Services shall de6 velop, in consultation with the Lumbee Tribe of 

7 North Carolina, a determination of needs and budg8 et to provide the services to which members of the 

9 Tribe are eligible. 

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

11 Secretary of the Interior and the Secretary of 

12 Health and Human Services shall each submit a 

13 written statement of those needs and a budget with 

14 the first budget request submitted to Congress after 

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

16 ‘‘(c) TRIBAL ROLL.—

17 ‘‘(1) IN GENERAL.—For purposes of the deliv18 ery of Federal services, the tribal roll in effect on 

19 the date of enactment of this section shall, subject 

20 to verification by the Secretary of the Interior, de21 fine the service population of the Tribe. 

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

23 verification shall be limited to confirming compliance 

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

25 constitution adopted on November 11, 2000, which 
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1 verification shall be completed not less than 1 year 

2 after the date of enactment of this section. 

3 ‘‘SEC. 4. FEE LAND. 

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

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

6 Secretary of the Interior as on-reservation trust acquisi7 tions under part 151 of title 25 Code of Federal Regula8 tions (or any successor regulation) if the land is located 

9 within Robeson County, North Carolina. 

10 ‘‘SEC. 5. STATE JURISDICTION. 

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

12 shall exercise jurisdiction over—

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

14 on; and 

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

16 land located within the state of North Carolina that is 

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

18 Lumbee Tribe of North Carolina, or any dependent Indian 

19 community of the Lumbee Tribe of North Carolina. 

20 ‘‘(b) TRANSFER.—

21 ‘‘(1) IN GENERAL.—The Secretary of the Inte22 rior may accept on behalf of the United States, after 

23 consulting with the Attorney General of the United 

24 States, any transfer by the State of North Carolina 

25 to the United States of any portion of the jurisdic-
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1 tion of the State of North Carolina described in 

2 paragraph (1) under an agreement between the 

3 Lumbee Tribe and the State of North Carolina. 

4 ‘‘(2) EFFECTIVE DATE.—A transfer of jurisdic5 tion under paragraph (1) shall not take effect until 

6 2 years after the effective date of the agreement. 

7 ‘‘(c) EFFECT OF SECTION.—This section shall not af8 fect the application of section 109 of the Indian Child Wel9 fare Act of 1978 (25 U.S.C. 1919). 

10 ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘There are authorized to be appropriated such sums 

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

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