II
Calendar No. 333
103D CONGRESS
1ST SESSION
H. R. 334
To provide for the recognition of the Lumbee Tribe of Cheraw Indians
of North Carolina, and for other purposes.
IN THE SENATE OF THE UNITED STATES
NOVEMBER 2, 1993
Received and read the first time
NOVEMBER 22, 1993
Read the second time and placed on the calendar
AN ACT
To provide for the recognition of the Lumbee Tribe of
Cheraw Indians 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 Cheraw Indians of North Carolina.
All laws and regulations of the United States of general
application to Indians and Indian tribes shall apply to the
Lumbee Tribe of Cheraw Indians 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
Cheraw Indians of North Carolina, as determined under
section 4(b), may petition under part 83 of title 25 of the
Code of Federal Regulations for acknowledgment of tribal
existence.
‘‘SERVICES
‘‘SEC. 3. (a) The Lumbee Tribe of Cheraw Indians
of North Carolina and its members shall be eligible for
all services and benefits 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 mem-
bers of the tribe residing in Robeson and adjoining coun-
ties, 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
Cheraw Indians 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 Serv-
ices shall each submit 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 Cheraw Indians of
North Carolina is authorized to plan, conduct, consolidate,
and administer programs, services, and functions author-
ized 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 Sny-
der Act, pursuant to an annual written funding agreement
among the Lumbee Tribe of Cheraw Indians 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 Cheraw Indians of North Carolina or au-
thorizing or requiring the termination of any trust respon-
sibility of the United States with respect to the tribe.
‘‘CONSTITUTION AND MEMBERSHIP
‘‘SEC. 4. (a) The Lumbee Tribe of Cheraw Indians
of North Carolina shall organize for its common welfare
and adopt a constitution and bylaws. Any constitution, by-
laws, or amendments 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 assist the tribe in the drafting of a constitution and
bylaws, the conduct of an election with respect to such
constitution, and the reorganization of the government of
the tribe under any such constitution and bylaws.
‘‘(b)(1) Until the Lumbee Tribe of Cheraw Indians
of North Carolina adopts a constitution and except as pro-
vided in paragraph (2), the membership of the tribe shall,
subject to review by the Secretary, consist of every individ-
ual who is named in the tribal membership roll that is
in effect on the date of enactment of this Act.
‘‘(2)(A) Before adopting a constitution, the roll of the
tribe shall be open for a 180-day period to allow the enroll-
ment of any individual previously enrolled in another In-
dian group or tribe in Robeson or adjoining counties,
North Carolina, who demonstrates that—
‘‘(i) the individual is eligible for enrollment in
the Lumbee Tribe of Cheraw Indians; and
‘‘(ii) the individual has abandoned membership
in any other Indian group or tribe.
‘‘(B) The Lumbee Tribe of Cheraw Indians of North
Carolina shall advertise in newspapers of general distribu-
tion in Robeson and adjoining counties, North Carolina,
the opening of the tribal roll for the purposes of subpara-
graph (A). The advertisement shall specify the enrollment
criteria and the deadline for enrollment.
‘‘(3) The review of the tribal roll of the Lumbee Tribe
of Cheraw Indians of North Carolina shall be limited to
verification of compliance with the membership criteria of
the tribe as stated in the Lumbee Petition for Federal Ac-
knowledgment filed with the Secretary by the tribe on De-
cember 17, 1987. The Secretary shall complete his review
and verification of the tribal roll within the 12-month pe-
riod beginning on the date on which the tribal roll is closed
under paragraph (2).
‘‘JURISDICTION
‘‘SEC. 5. (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 Cheraw Indians of North Carolina, any
member of the Lumbee Tribe of Cheraw Indians of North
Carolina, or any dependent Indian community of the
Lumbee Tribe of Cheraw Indians 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 Cheraw Indians and
the State of North Carolina. Such transfer of jurisdiction
may not take effect until two 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 Cheraw Indians of North Carolina with
respect to lands within the exterior boundaries of Robeson
and adjoining counties, North Carolina.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 6. (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 Select Com-
mittee on Indian Affairs of the Senate and the Committee
on Natural Resources of the House of Representatives 60
calendar days prior to any expenditure of such funds by
the tribe.’’.
Passed the House of Representatives October 28,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.