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Union Calendar No. 49 

111TH CONGRESS 

1ST SESSION H. R. 31 

[Report No. 111–103] 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. MCINTYRE (for himself, Ms. BORDALLO, Mr. KISSELL, Mr. TOWNS, Mr. 

CLYBURN, Mr. LINCOLN DIAZ-BALART of Florida, Mr. MARIO DIAZBALART of Florida, Mr. BUTTERFIELD, Ms. KAPTUR, Mr. MILLER of 

North Carolina, Mr. ETHERIDGE, Mr. PETERSON, Mr. BECERRA, Mr. 

RYAN of Ohio, Mr. ABERCROMBIE, Mr. DELAHUNT, Mr. RAHALL, Ms. 

LORETTA SANCHEZ of California, Mr. ENGEL, Mr. VAN HOLLEN, Mr. 

HASTINGS of Florida, Ms. SUTTON, Mr. PRICE of North Carolina, Mr. 

PASTOR of Arizona, Mr. LARSON of Connecticut, Mr. HONDA, Mr. WU, 

and Mr. CUMMINGS) introduced the following bill; which was referred to 

the Committee on Natural Resources 

MAY 12, 2009 

Additional sponsors: Mr. SKELTON, Mr. WATT, Ms. CLARKE, Mr. TIERNEY, 

Ms. MATSUI, Mr. ADERHOLT, Mr. LYNCH, Mr. NEAL of Massachusetts, 

Mr. KUCINICH, Ms. WATERS, Mr. DAVIS of Illinois, Mr. JOHNSON of 

Georgia, Mr. WALZ, Mr. WILSON of Ohio, Ms. JACKSON-LEE of Texas, 

Mr. KANJORSKI, Mrs. BIGGERT, Mr. SCOTT of Georgia, Mr. LEWIS of 

Georgia, Mr. BISHOP of Georgia, Mr. THOMPSON of Mississippi, Ms. 

VELA ́ZQUEZ, Mr. MEEKS of New York, Mr. CLAY, Mr. GONZALEZ, Mr. 

KILDEE, Ms. BALDWIN, Ms. DEGETTE, Mr. CLEAVER, Ms. RICHARDSON, 

Mr. LANGEVIN, Mr. INSLEE, Mr. OLVER, Mr. HINOJOSA, Mr. NADLER

of New York, Ms. SHEA-PORTER, Ms. HIRONO, Mr. SERRANO, Mr. 

FRANK of Massachusetts, Mr. DAVIS of Alabama, Mr. AL GREEN of 

Texas, Mr. FILNER, Mr. SMITH of New Jersey, Mr. FATTAH, Mrs. 

MCCARTHY of New York, Mr. CAPUANO, Mr. DOGGETT, Ms. 

SCHAKOWSKY, Mr. GEORGE MILLER of California, Ms. NORTON, Mr. 

FALEOMAVAEGA, Mr. JACKSON of Illinois, Mr. HIGGINS, Mr. GRIJALVA, 

Mrs. LOWEY, Ms. ROYBAL-ALLARD, Mr. SPRATT, Mr. RODRIGUEZ, Mr. 


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RUSH, Mr. LARSEN of Washington, Mr. CUELLAR, Mr. PASCRELL, Ms. 

CASTOR of Florida, Mr. MARKEY of Massachusetts, Mr. REYES, Mr. 

RANGEL, Mr. SESTAK, Mr. ANDREWS, Mr. BERMAN, Mr. BLUMENAUER, 

Mr. BOYD, Mrs. CAPPS, Mr. COOPER, Mr. HARE, Ms. HARMAN, Mr. HINCHEY, Mr. ISRAEL, Mr. MICHAUD, Mr. OBERSTAR, Mr. ORTIZ, Mrs. 

TAUSCHER, Ms. WOOLSEY, Ms. LEE of California, Mrs. CAPITO, Mr. 

SNYDER, Mr. COHEN, Mr. BAIRD, Mr. DEFAZIO, Mr. DOYLE, Mr. 

HOLDEN, Mr. MURTHA, Mr. SCHIFF, Ms. EDDIE BERNICE JOHNSON of 

Texas, Mr. MOORE of Kansas, Mr. EDWARDS of Texas, Mr. BROWN of 

South Carolina, Mr. YOUNG of Alaska, Mr. WEINER, Ms. CORRINE

BROWN of Florida, Mr. CONYERS, Mr. ROTHMAN of New Jersey, Mr. 

WILSON of South Carolina, Mr. COBLE, Mr. BRADY of Texas, Ms. BERKLEY, Mr. WAXMAN, Mr. CARDOZA, Mr. PAYNE, Mr. MCGOVERN, Ms. 

WATSON, Mr. BISHOP of Utah, Mr. HOLT, Mr. MORAN of Virginia, Mrs. 

NAPOLITANO, Mrs. CHRISTENSEN, Mr. DAVIS of Kentucky, Mr. LIPINSKI, Mr. PALLONE, Mr. LEVIN, Mr. RUPPERSBERGER, Ms. LINDA T. 

SA ́NCHEZ of California, Mr. GUTIERREZ, Mr. MARCHANT, Mrs. 

MALONEY, Mr. GOHMERT, Mr. BERRY, Mr. SARBANES, Mr. MARSHALL, 

Mr. DICKS, Mr. THOMPSON of California, Mr. BRADY of Pennsylvania, 

Mr. SCOTT of Virginia, Mr. SMITH of Washington, Mr. MCDERMOTT, Ms. 

KILPATRICK of Michigan, Mr. MITCHELL, Ms. SOLIS of California, Mr. 

DUNCAN, Mr. KIRK, Mrs. MILLER of Michigan, Ms. ESHOO, Mr. PLATTS, 

Mr. ACKERMAN, Mr. LINDER, Mr. CROWLEY, Mr. SMITH of Texas, Mr. 

CARNAHAN, Mr. MOLLOHAN, Mr. MORAN of Kansas, Mr. WALDEN, Mr. 

MEEK of Florida, Ms. MCCOLLUM, Mr. KIND, Mr. GENE GREEN of 

Texas, Mr. HALL of Texas, Mr. STARK, Ms. SLAUGHTER, and Mr. 

LATOURETTE

MAY 12, 2009 

Deleted sponsor: Mr. MANZULLO (added February 4, 2009; deleted March 12, 

2009) 

MAY 12, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 6, 2009] 

A BILL 

To provide for the recognition of the Lumbee Tribe of North 

Carolina, and for other purposes. 


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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. 254), 

8 is amended as follows: 

9 (1) By striking ‘‘and’’ at the end of each clause. 

10 (2) By striking ‘‘: Now, therefore,’’ at the end of 

11 the last clause and inserting a semicolon. 

12 (3) By adding at the end the following new 

13 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 


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as an Indian tribe and that the benefits, privileges and 

immunities that accompany such status should be accorded 

to the Lumbee Tribe: Now, therefore,’’. 

1 SEC. 3. FEDERAL RECOGNITION. 

2 The Act of June 7, 1956 (70 Stat. 254), is amended 

3 as follows: 

4 (1) By striking the last sentence of the first sec5 tion. 

6 (2) By striking section 2 and inserting the fol7 lowing new sections: 

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

9 the Lumbee Tribe of North Carolina, as designated as peti10 tioner number 65 by the Office of Federal Acknowledgement. 

11 All laws and regulations of the United States of general 

12 application to Indians and Indian tribes shall apply to the 

13 Lumbee Tribe of North Carolina and its members. 

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

15 Indians in Robeson and adjoining counties, North Caro16 lina, whose members are not enrolled in the Lumbee Tribe 

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

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

19 Regulations for acknowledgement of tribal existence. 

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

21 its members shall be eligible for all services and benefits pro22 vided to Indians because of their status as members of a 

23 federally recognized tribe. For the purposes of the delivery 


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1 of such services, those members of the Tribe residing in 

2 Robeson, Cumberland, Hoke, and Scotland counties in 

3 North Carolina shall be deemed to be residing on or near 

4 an Indian reservation. 

5 ‘‘(b) Upon verification by the Secretary of the Interior 

6 of a tribal roll under subsection (c), the Secretary of the 

7 Interior and the Secretary of Health and Human Services 

8 shall develop, in consultation with the Lumbee Tribe of 

9 North Carolina, a determination of needs to provide the 

10 services to which members of the Tribe are eligible. The Sec11 retary of the Interior and the Secretary of Health and 

12 Human Services shall each submit a written statement of 

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

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

15 the tribal roll in effect on the date of the enactment of this 

16 section shall, subject to verification by the Secretary of the 

17 Interior, define the service population of the Tribe. The Sec18 retary’s verification shall be limited to confirming compli19 ance with the membership criteria set out in the Tribe’s 

20 constitution adopted on November 16, 2001, which 

21 verification shall be completed within 2 years after the date 

22 of the enactment of this section. 

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

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

25 to take land located within Robeson County, North CaroVerDate Nov 24 2008 03:42 May 13, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H31.RH H31

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1 lina, into trust under this section shall be treated by the 

2 Secretary as an ‘on reservation’ trust acquisition under 

3 part 151 of title 25, Code of Federal Regulation (or a suc4 cessor regulation). 

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

6 a matter of claimed inherent authority or under the author7 ity of any Federal law, including the Indian Gaming Regu8 latory Act (25 U.S.C. 2701 et seq.) or under any regulations 

9 thereunder promulgated by the Secretary or the National 

10 Indian Gaming Commission. 

11 ‘‘SEC. 5. (a) The State of North Carolina shall exercise 

12 jurisdiction over— 

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

14 and 

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

16 within the State of North Carolina that are owned by, 

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

18 Tribe of North Carolina, or any dependent Indian 

19 community of the Lumbee Tribe of North Carolina. 

20 ‘‘(b) The Secretary of the Interior is authorized to ac21 cept on behalf of the United States, after consulting with 

22 the Attorney General of the United States, any transfer by 

23 the State of North Carolina to the United States of any 

24 portion of the jurisdiction of the State of North Carolina 

25 described in subsection (a) pursuant to an agreement beVerDate Nov 24 2008 03:42 May 13, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H31.RH H31

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1 tween the Lumbee Tribe and the State of North Carolina. 

2 Such transfer of jurisdiction may not take effect until 2 

3 years after the effective date of the agreement. 

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

5 application of section 109 of the Indian Child Welfare Act 

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

7 ‘‘SEC. 6. There are authorized to be appropriated such 

8 sums as are necessary to carry out this Act.’’. 


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Union Calendar No. 49 

111TH CONGRESS 

1ST SESSION H. R. 31 

[Report No. 111–103] 

A BILL 

To provide for the recognition of the Lumbee Tribe 

of North Carolina, and for other purposes. 

MAY 12, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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