II 

117TH CONGRESS 

1ST SESSION H. R. 2758 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2021 

Received 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Lumbee Recognition 

3 Act’’. 

4 SEC. 2. FEDERAL RECOGNITION. 

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

6 is amended— 

7 (1) by striking section 2; 

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

9 striking ‘‘That the Indians’’ and inserting the fol10 lowing: 

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

12 ‘‘The Indians’’; 

13 (3) in the preamble— 

14 (A) by inserting before the first undesig15 nated clause the following: 

16 ‘‘SECTION 1. FINDINGS. 

17 ‘‘Congress finds that—’’; 

18 (B) by designating the undesignated 

19 clauses as paragraphs (1) through (4), respec20 tively, and indenting appropriately; 

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

22 appears; 

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

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

25 (as so designated); and 


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

2 striking ‘‘: Now, therefore,’’ and inserting a pe3 riod; 

4 (4) by moving the enacting clause so as to ap5 pear before section 1 (as so designated); 

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

7 designated by paragraph (2)); 

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

9 by paragraph (2)) the following: 

10 ‘‘SEC. 2. DEFINITIONS. 

11 ‘‘In this Act: 

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

13 the Secretary of the Interior. 

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

15 Lumbee Tribe of North Carolina or the Lumbee In16 dians of North Carolina.’’; and 

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

18 ‘‘SEC. 4. FEDERAL RECOGNITION. 

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

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

21 the Office of Federal Acknowledgment). 

22 ‘‘(b) APPLICABILITY OF LAWS.—All laws and regula23 tions of the United States of general application to Indi24 ans and Indian tribes shall apply to the Tribe and its 

25 members. 


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1 ‘‘(c) PETITION FOR ACKNOWLEDGMENT.—Notwith2 standing section 3, any group of Indians in Robeson and 

3 adjoining counties, North Carolina, whose members are 

4 not enrolled in the Tribe (as determined under section 

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

6 of Federal Regulations for acknowledgment of tribal exist7 ence. 

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

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

10 be eligible for all services and benefits provided by the 

11 Federal Government to federally recognized Indian tribes. 

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

13 of Federal services and benefits described in subsection 

14 (a), those members of the Tribe residing in Robeson, Cum15 berland, Hoke, and Scotland counties in North Carolina 

16 shall be deemed to be residing on or near an Indian res17 ervation. 

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

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

20 Secretary and the Secretary of Health and Human Serv21 ices shall— 

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

23 determination of needs to provide the services for 

24 which members of the Tribe are eligible; and 


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

2 to Congress a written statement of those needs. 

3 ‘‘(d) TRIBAL ROLL.— 

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

5 of Federal services and benefits described in sub6 section (a), the tribal roll in effect on the date of en7 actment of this section shall, subject to verification 

8 by the Secretary, define the service population of the 

9 Tribe. 

10 ‘‘(2) VERIFICATION LIMITATION AND DEAD11 LINE.—The verification by the Secretary under 

12 paragraph (1) shall— 

13 ‘‘(A) be limited to confirming documentary 

14 proof of compliance with the membership cri15 teria set out in the constitution of the Tribe 

16 adopted on November 16, 2001; and 

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

18 after the submission of a digitized roll with sup19 porting documentary proof by the Tribe to the 

20 Secretary. 

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

22 ‘‘(a) IN GENERAL.—Notwithstanding any other pro23 vision of law, the Secretary is hereby authorized to take 

24 land into trust for the benefit of the Tribe. 


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1 ‘‘(b) TREATMENT OF CERTAIN LAND.—An applica2 tion to take into trust land located within Robeson Coun3 ty, North Carolina, under this section shall be treated by 

4 the Secretary as an ‘on reservation’ trust acquisition 

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

6 (or a successor regulation). 

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

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

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

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

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

12 the State of North Carolina shall exercise jurisdiction 

13 over— 

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

15 and 

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

17 ‘‘(b) TRANSFER OF JURISDICTION.— 

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

19 the Secretary may accept on behalf of the United 

20 States, after consulting with the Attorney General of 

21 the United States, any transfer by the State of 

22 North Carolina to the United States of any portion 

23 of the jurisdiction of the State of North Carolina de24 scribed in subsection (a) over Indian country occuVerDate Sep 11 2014 02:07 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2758.RDS H2758

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1 pied by the Tribe pursuant to an agreement between 

2 the Tribe and the State of North Carolina. 

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

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

5 2 years after the effective date of the agreement de6 scribed in that paragraph. 

7 ‘‘(c) EFFECT.—Nothing in this section affects the ap8 plication of section 109 of the Indian Child Welfare Act 

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

10 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘There are authorized to be appropriated such sums 

12 as are necessary to carry out this Act. 

13 ‘‘SEC. 9. SHORT TITLE. 

14 ‘‘This Act may be cited as the ‘Lumbee Tribe of 

15 North Carolina Recognition Act’.’’. 

Passed the House of Representatives November 1, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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