I
104TH CONGRESS
2D SESSION
H. R. 3810
To provide for the recognition of the Lumbee Tribe of North Carolina,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 1996
Mr. ROSE introduced the following bill; which was referred to the Committee
on Resources
A BILL
To provide for the recognition of the Lumbee Tribe of North
Carolina, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lumbee Recognition
Act’’.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat.
254), is amended—
(1) by striking out ‘‘and’’ at the end of each of
the first three clauses;
(2) by striking out ‘‘: Now therefore,’’ at the
end of the last clause and inserting in lieu thereof
a semicolon; and
(3) by adding at the end thereof the following
new 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 the Lumbee Indians have been recognized by the
State of North Carolina as an Indian tribe since 1885;
‘‘Whereas the Lumbee Indians have sought Federal recogni-
tion as an Indian tribe since 1888; and
‘‘Whereas the Lumbee Indians are entitled to Federal rec-
ognition of their status as an Indian tribe and the bene-
fits, privileges, and immunities that accompany such sta-
tus: Now, therefore,’’.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amend-
ed—
(1) by striking out the last sentence of the first
section; and
(2) by striking out section 2 and inserting in
lieu thereof the following:
‘‘FEDERAL RECOGNITION; ACKNOWLEDGMENT
‘‘SEC. 2. (a) Federal recognition is hereby extended
to the Lumbee Tribe of North Carolina. All laws and regu-
lations of the United States of general application to Indi-
ans and Indian tribes shall apply to the Lumbee Tribe
of North Carolina and its members.
‘‘(b) Notwithstanding the first section of this Act,
any group of Indians in Robeson or adjoining counties
whose members are not enrolled in the Lumbee Tribe of
North Carolina, as determined under section (4)(b), may
petition under part 83 of title 25 of the Code of Federal
Regulations for acknowledgement of tribal existence.
‘‘SERVICES
‘‘SEC. 3. (a) The Lumbee Tribe of North Carolina
and its members shall be eligible for all services and bene-
fits provided to Indians because of their status as federally
recognized Indians, except that members of the tribe shall
not be entitled to such services until the appropriation of
funds for these purposes. For the purposes of the delivery
of such services, those members of the tribe residing in
Robeson and adjoining counties, North Carolina, shall be
deemed to be resident on or near an Indian reservation.
‘‘(b) Upon verification of a tribal roll under section
4 by the Secretary of the Interior, the Secretary of the
Interior and the Secretary of Health and Human Services
shall develop, in consultation with the Lumbee Tribe of
North Carolina, a determination of needs and a budget
required to provide services to which the members of the
tribe are eligible. The Secretary of the Interior and the
Secretary of Health and Human Services shall each sub-
mit a written statement of such needs and budget with
the first budget request submitted to the Congress after
the fiscal year in which the tribal roll is verified.
‘‘(c)(1) The Lumbee Tribe of North Carolina is au-
thorized to plan, conduct, consolidate, and administer pro-
grams, services, and functions authorized under the Act
of April 16, 1934 (48 Stat. 596; 25 U.S.C. 452 et seq.),
and the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C.
13), popularly known as the Snyder Act, pursuant to an
annual written funding agreement among the Lumbee
Tribe of North Carolina, the Secretary of the Interior, and
the Secretary of Health and Human Services, which shall
specify—
‘‘(A) the services to be provided, the functions
to be performed, and the procedures to be used to
reallocate funds or modify budget allocations, within
any fiscal year; and
‘‘(B) the responsibility of the Secretary of the
Interior for, and the procedure to be used in, audit-
ing the expenditures of the tribe.
‘‘(2) The authority provided under this subsection
shall be in lieu of the authority provided under the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
‘‘(3) Nothing in this subsection shall be construed as
affecting, modifying, diminishing, or otherwise impairing
the sovereign immunity from lawsuit enjoyed by the
Lumbee Tribe of North Carolina or authorizing or requir-
ing the termination of any trust responsibility of the Unit-
ed States with respect to the tribe.
‘‘CONSTITUTION AND MEMBERSHIP
‘‘SEC. 4. (a) After the Secretary has completed his
review and verification of the tribal roll, but in no case
earlier than 24 months after the effective date of this Act,
the Lumbee Tribe of North Carolina shall adopt a con-
stitution and bylaws. Any constitution, bylaws, or amend-
ments to the constitution or bylaws that are adopted by
the tribe must be consistent with the terms of this Act
and shall take effect only after such documents are filed
with the Secretary of the Interior. The Secretary shall as-
sist the tribe in the drafting of a constitution and bylaws,
the conduct of an election in accordance with the proce-
dures set forth in part 81 of title 25 of the Code of Federal
Regulations with respect to such constitution, and the re-
organization of the government of the tribe under any
such constitution and bylaws. In addition to the require-
ments of this Act and part 81 of title 25 of the Code of
Federal Regulations, only adult enrolled members of the
Lumbee Tribe of North Carolina shall be eligible to vote
on the constitution.
‘‘(b)(1) Until the Lumbee Tribe of North Carolina
adopts a constitution and except as provided in paragraph
(2), the membership of the tribe shall, subject to review
by the Secretary, consist of every individual who is named
in the tribal membership roll that is in effect on the date
of enactment of this Act.
‘‘(2)(A) Within 60 days after the effective date of this
Act, the roll of the tribe shall be open for a 180-day period
to allow the enrollment of any individual previously en-
rolled in another Indian group or tribe in Robeson or ad-
joining counties, North Carolina, who demonstrates
that—
‘‘(i) the individual is eligible for enrollment in
the Lumbee Tribe of North Carolina; and
‘‘(ii) the individual has abandoned membership
in any other Indian group or tribe.
‘‘(B) The Lumbee Tribe of North Carolina shall ad-
vertise in newspapers of general distribution in Robeson
and adjoining counties, North Carolina, the opening of the
tribal roll for the purposes of subparagraph (A). The ad-
vertisement shall specify the enrollment criteria and the
deadline for enrollment.
‘‘(3) The review of the tribal roll of the Lumbee Tribe
of North Carolina shall be limited to verification of compli-
ance with the membership criteria of the tribe as stated
in the Lumbee Petition for Federal Acknowledgment filed
with the Secretary by the tribe on December 17, 1987.
The Secretary shall complete his review and verification
of the tribal roll within the 12-month period beginning on
the date on which the tribal roll is closed under paragraph
(2).
‘‘INTERIM GOVERNMENT
‘‘SEC. 5. (a) Until the tribe has adopted a constitu-
tion pursuant to the terms of this Act, the Board of Direc-
tors of the Lumbee Regional Development Association
(hereafter in this section referred to as ‘LRDA’) is recog-
nized as the sole provisional and transitional governing
body of the tribe. Until an election of tribal officers under
the new constitution, the LRDA shall—
‘‘(1) represent the tribe and its members in the
implementation of this Act; and
‘‘(2) during such period—
‘‘(A) have full authority to enter into con-
tracts, grant agreements, and other arrange-
ments with any Federal department or agency;
and
‘‘(B) have full authority to administer or
operate any program under such contracts or
agreements.
‘‘(b) Until the initial election of tribal officers under
a new constitution and bylaws, the LRDA shall—
‘‘(1) oversee and implement the drafting and
proposal to the tribe of a new constitution and con-
duct such meetings or hearings as it deems nec-
essary;
‘‘(2) oversee the opening of the tribal roll and
advertising of the opening as provided for in section
4; and
‘‘(3) oversee the election to adopt the constitu-
tion.
‘‘JURISDICTION
‘‘SEC. 6. (a)(1) The State of North Carolina shall ex-
ercise jurisdiction over—
‘‘(A) all criminal offenses that are committed
on, and
‘‘(B) all civil actions that arise on,
lands located within the State of North Carolina that are
owned by, or held in trust by the United States for, the
Lumbee Tribe of North Carolina, any member of the
Lumbee Tribe of North Carolina, or any dependent Indian
community of the Lumbee Tribe of North Carolina.
‘‘(2) The Secretary of the Interior is authorized to
accept on behalf of the United States, after consulting
with the Attorney General of the United States, any trans-
fer by the State of North Carolina to the United States
of any portion of the jurisdiction of the State of North
Carolina described in paragraph (1) pursuant to an agree-
ment between the Lumbee Tribe of North Carolina and
the State of North Carolina. Such transfer of jurisdiction
may not take effect until 2 years after the effective date
of such agreement.
‘‘(3) The provisions of this subsection shall not affect
the application of section 109 of the Indian Child Welfare
Act of 1978 (25 U.S.C. 1919).
‘‘(b) Section 5 of the Act of June 18, 1934 (chapter
576; 25 U.S.C. 465), and the Act of April 11, 1970 (84
Stat. 120; 25 U.S.C. 488 et seq.), shall apply to the
Lumbee Tribe of North Carolina with respect to lands
within the exterior boundaries of Robeson and adjoining
counties, North Carolina.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 7. (a) There are authorized to be appropriated
such funds as may be necessary to carry out this Act.
‘‘(b) In the first fiscal year in which funds are appro-
priated under this Act, the tribe’s proposals for expendi-
tures of such funds shall be submitted to the Committee
on Indian Affairs of the Senate and the Committee on Re-
sources of the House of Representatives 60 calendar days
prior to any expenditure of such funds by the tribe.’’.
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