[Congressional Record Volume 166, Number 194 (Monday, November 16, 2020)]
[House]
[Pages H5735-H5738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LUMBEE TRIBE OF NORTH CAROLINA RECOGNITION ACT
Mr. HUFFMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1964) to provide for the recognition of the Lumbee Tribe of
North Carolina, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1964
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Tribe of North
Carolina Recognition Act''.
SEC. 2. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254, chapter 375), is
amended--
(1) by striking section 2;
(2) in the first sentence of the first section, by striking
``That the Indians'' and inserting the following:
``SEC. 3. DESIGNATION OF LUMBEE INDIANS.
``The Indians'';
(3) in the preamble--
(A) by inserting before the first undesignated clause the
following:
``SECTION 1. FINDINGS.
``Congress finds that--'';
(B) by designating the undesignated clauses as paragraphs
(1) through (4), respectively, and indenting appropriately;
(C) by striking ``Whereas'' each place it appears;
(D) by striking ``and'' after the semicolon at the end of
each of paragraphs (1) and (2) (as so designated); and
(E) in paragraph (4) (as so designated), by striking ``:
Now, therefore,'' and inserting a period;
(4) by moving the enacting clause so as to appear before
section 1 (as so designated);
(5) by striking the last sentence of section 3 (as
designated by paragraph (2));
(6) by inserting before section 3 (as designated by
paragraph (2)) the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of
North Carolina or the Lumbee Indians of North Carolina.'';
and
(7) by adding at the end the following:
``SEC. 4. FEDERAL RECOGNITION.
``(a) In General.--Federal recognition is extended to the
Tribe (as designated as petitioner number 65 by the Office of
Federal Acknowledgment).
``(b) Applicability of Laws.--All laws and regulations of
the United States of general application to Indians and
Indian tribes shall apply to the Tribe and its members.
``(c) Petition for Acknowledgment.--Notwithstanding section
3, any group of Indians in Robeson and adjoining counties,
North Carolina, whose members are not enrolled in the Tribe
(as determined under section 5(d)) may petition under part 83
of title 25 of the Code of Federal Regulations for
acknowledgment of tribal existence.
``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
``(a) In General.--The Tribe and its members shall be
eligible for all services and benefits provided by the
Federal Government to federally recognized Indian tribes.
``(b) Service Area.--For the purpose of the delivery of
Federal services and benefits described in subsection (a),
those members of the Tribe residing in Robeson, Cumberland,
Hoke, and Scotland counties in North Carolina shall be deemed
to be residing on or near an Indian reservation.
``(c) Determination of Needs.--On verification by the
Secretary of a tribal roll under subsection (d), the
Secretary and the Secretary of Health and Human Services
shall--
``(1) develop, in consultation with the Tribe, a
determination of needs to provide the services for which
members of the Tribe are eligible; and
``(2) after the tribal roll is verified, each submit to
Congress a written statement of those needs.
``(d) Tribal Roll.--
``(1) In general.--For purpose of the delivery of Federal
services and benefits described in subsection (a), the tribal
roll in effect on the date of enactment of this section
shall, subject to verification by the Secretary, define the
service population of the Tribe.
``(2) Verification limitation and deadline.--The
verification by the Secretary under paragraph (1) shall--
``(A) be limited to confirming documentary proof of
compliance with the membership criteria set out in the
constitution of the Tribe adopted on November 16, 2001; and
``(B) be completed not later than 2 years after the
submission of a digitized roll with supporting documentary
proof by the Tribe to the Secretary.
``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
``(a) In General.--Notwithstanding any other provision of
law, the Secretary is hereby authorized to take land into
trust for the benefit of the Tribe.
``(b) Treatment of Certain Land.--An application to take
into trust land located within Robeson County, North
Carolina, under this section shall be treated by the
Secretary as an `on reservation' trust acquisition under part
151 of title 25, Code of Federal Regulations (or a successor
regulation).
[[Page H5736]]
``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
``(a) In General.--With respect to land located within the
State of North Carolina that is owned by, or held in trust by
the United States for the benefit of, the Tribe, or any
dependent Indian community of the Tribe, the State of North
Carolina shall exercise jurisdiction over--
``(1) all criminal offenses that are committed; and
``(2) all civil actions that arise.
``(b) Transfer of Jurisdiction.--
``(1) In general.--Subject to paragraph (2), the Secretary
may accept on behalf of the United States, after consulting
with the Attorney General of the United States, any transfer
by the State of North Carolina to the United States of any
portion of the jurisdiction of the State of North Carolina
described in subsection (a) over Indian country occupied by
the Tribe pursuant to an agreement between the Tribe and the
State of North Carolina.
``(2) Restriction.--A transfer of jurisdiction described in
paragraph (1) may not take effect until 2 years after the
effective date of the agreement described in that paragraph.
``(c) Effect.--Nothing in this section affects the
application of section 109 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1919).
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.
``SEC. 9. SHORT TITLE.
``This Act may be cited as the `Lumbee Tribe of North
Carolina Recognition Act'.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Huffman) and the gentleman from Utah (Mr. Bishop) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. HUFFMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
H.R. 1964, the Lumbee Recognition Act, introduced by our colleague
from North Carolina, Mr. Butterfield, will finally extend recognition
to the Lumbee Tribe of North Carolina.
The Lumbee Tribe resides primarily in Robeson, Hoke, Cumberland, and
Scotland Counties of that State and has approximately 60,000 members.
That means it is the largest Tribe in North Carolina, the largest Tribe
east of the Mississippi River, and the ninth largest Tribe in America.
In 1885, this Tribe was recognized by the State of North Carolina. It
then sought Federal recognition from the United States in 1889, and
they have been seeking that recognition ever since.
Over the past 130 years, numerous bills have been introduced in
Congress to federally recognize the Lumbee people, resulting in a
record of hearing transcripts and committee reports. In addition,
numerous academic studies have been undertaken on Lumbee ancestry, and
reports have been requested and filed by the Department of the Interior
on the Tribe's validity.
All of these documents consistently conclude one thing: The Lumbee
people are indeed a distinct, self-governing Indian community that has
been continuously and undeniably present in the Robeson County area.
In 1955, the Lumbee Tribe sought Federal recognition. Unfortunately,
this was during the era known as the termination era, when the United
States sought to terminate relationships with Tribal governments and
force the assimilation of indigenous people into mainstream American
society.
To that end, the Department of the Interior recommended that Congress
amend the legislation to deny eligibility for the benefits and services
available to the Tribe recognized under the bill.
Congress then enacted this amended legislation in 1956, giving it the
dubious effect of simultaneously federally recognizing the Lumbee Tribe
and then effectively terminating that recognition.
In 1987, the Lumbee Tribe again attempted to restore their Federal
recognition, this time through the newly created Federal acknowledgment
process at Interior. However, the Department determined that the Tribe
was ineligible to participate in that process because Congress,
pursuant to that 1956 act, had terminated the relationship with the
Tribe and, therefore, only Congress could restore the relationship.
That is exactly what enactment of this bill will accomplish.
Federal recognition is the formal establishment of a government-to-
government relationship between the United States and a Tribal nation.
Its importance to Tribes cannot be overstated.
Federal recognition allows a Tribe to establish a homeland and to put
land into trust to protect future generations. This, in turn, allows
the Tribe to manage its own resources and gives them control over local
jurisdiction and taxation issues.
Recognition also entitles Tribal people to distinctive benefits,
including eligibility to participate in many Federal programs,
including healthcare and education.
That is why enactment of this bill is so vital to the Lumbee people
and why they have been seeking Federal recognition for so very long.
Other Tribes that were terminated by congressional action have come
before Congress, and they have had their relationship reestablished
through legislation. It is finally time that we act on that prerogative
and extend Federal recognition to the Lumbee Tribe.
Mr. Speaker, I thank Representative Butterfield for being a champion
of this bipartisan legislation, and I urge its quick adoption.
Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield such time as he may consume
to the gentleman from North Carolina (Mr. Bishop), who has the proper
last name, if not the correct first name.
Mr. BISHOP of North Carolina. Mr. Speaker, I thank the ranking member
for yielding.
Since 1885, the State of North Carolina has recognized the Lumbee
Indians of North Carolina, but today marks the first time in U.S.
history since the Lumbee first sought Federal recognition in 1885 that
legislation for full and bona fide recognition will pass the U.S. House
while a companion bill awaits action in the U.S. Senate strongly
favored by two North Carolina Senators and with the President of the
United States having promised to sign the legislation that will result.
For 64 years, the 66,000-strong Lumbee have existed in a kind of
official limbo that reflects the worst of our Federal Government.
In 1956, Congress passed a law simultaneously granting recognition of
the Tribe and terminating it, according to the movement of that era.
``Nothing in this Act,'' said the legislation, ``shall make such
Indians eligible for any services performed by the United States for
Indians because of their status as Indians, and none of the statutes of
the United States which affect Indians because of their status as
Indians shall be applicable to the Lumbee Indians.''
One wonders if they had heard about equal protection.
For the opponents of Lumbee recognition, including other Tribes, it
has always been about the money. Of course, there have been fellow
travelers motivated by racial prejudice or neglect.
It cannot be disputed, though, that the Lumbee have been, for three
centuries, a cohesive and distinct community of aboriginal origins and
durable institutions, especially schools, living near the Lumber River,
which was known until 1809 by the unfortunate but accurate name
Drowning Creek.
Although the Lumbee have also been known by other names--the Croatan,
the Cheraw of Robeson, the Siouan Indian Community of Lumber River--
they are the continuously present and vital people shown on a map drawn
in 1725 whose common modern surnames appear on a document written in
1771, such as Locklear, Chavis, Dees, Sweat, and Groom. They are the
Lumbee who were living in Long Swamp in the 1730s, the community now
known as Prospect, where I visited just weeks ago.
My maternal forebears were Kinlaws in Bladen County, adjacent to
Robeson. We also trace a genealogy to the early 1700s, and our family
name evolved, like the Lumbee's did. We were once McKinlaws and, before
that, McKinlochs, desperately poor but independent Scots-Irish from the
borderlands of the English Civil Wars.
[[Page H5737]]
I can only imagine what it would mean to me to have been singled out
by the United States Government for centuries of official disregard and
denial of my very identity. That is the longstanding injustice that we
are correcting today, and the happy ending is already being written by
the Lumbee themselves.
I know the Lumbee. I know the Warrior's Ball and Lumbee Homecoming,
UNC-Pembroke and Old Main, the Lumbee Cultural Center and even the Cozy
Corner.
The Lumbee are supremely patriotic Americans, God-fearing and washed
in the blood, devoted to the liberating cause of education and to civic
involvement, proud of their community, loving and welcoming to
strangers.
They are the best of America, and the only honorable course for the
United States Congress is to accord them their due recognition at long
last.
Mr. Speaker, I give my thanks to Representatives Butterfield, Hudson,
and Grijalva, and to Ranking Member Rob Bishop, staunch supporters of
the Lumbee's pursuit of justice, and also to President Trump. When I
had the right moment to bring this to the President's attention, in
characteristic practice, he made no promises other than to give it a
close look. When he decided to throw his support behind recognition, he
did it all the way, including traveling to Lumberton to tell the Lumbee
himself.
Today is a gratifying capstone for my first partial term in the U.S.
House.
Mr. Speaker, I urge Members to unanimously pass the Lumbee
Recognition Act.
Mr. HUFFMAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from North Carolina (Mr. Butterfield).
Mr. BUTTERFIELD. Mr. Speaker, I thank the gentleman very much for
yielding time this afternoon.
I rise, Mr. Speaker, in strong support of H.R. 1964, the Lumbee
Recognition Act, and I urge my colleagues to vote for its passage.
Mr. Speaker, let me just take a moment to thank the chairman of the
committee--he is not here today--Mr. Grijalva. I thank him so very much
for his friendship and for his leadership on this issue. I thank Mr.
Huffman for managing the floor today and recognizing me for just a few
moments. And to the ranking member, Mr. Bishop from Utah, I thank him
so very much. He is the ranking member of the committee, and I thank
him for his leadership as well.
Mr. Speaker, I particularly want to thank Mr. Hudson--I don't see Mr.
Hudson on the floor, but I know he is very close by--and my friend, Mr.
Bishop from North Carolina. I thank both of them for their unwavering
support for this legislation.
I might say that Robeson County--someone mentioned ``Robeson County''
a few moments ago; it is actually ``Robeson County''--is a part of Mr.
Bishop's Ninth Congressional District.
This bill, Mr. Speaker, will finally extend full Federal recognition
to the Lumbee Tribe of North Carolina, making its members eligible for
the same services and benefits provided to members of other federally
recognized Tribes. Most importantly, the bill will establish once and
for all the Lumbee Tribe as an independent and sovereign entity under
Federal law.
North Carolina, as Mr. Bishop, I believe, or Mr. Huffman mentioned a
moment ago, has recognized the Lumbee Tribe since 1885. This body even
recognized the Lumbees in the 1950s, but during the dark days of the
termination era, they refused to allow the Lumbee Tribe access to
federally funded services and benefits.
Almost all the Tribes that were terminated in this troubling era have
since been restored to Federal recognition. We are long overdue in
delivering the same justice to the Lumbee Tribe.
This legislation, Mr. Speaker, has tremendous bipartisan support, as
you can see today, tremendous bipartisan support that has only
accelerated over the past few months.
At the end of September, under Chairman Grijalva's leadership, the
Natural Resources Committee passed this bill by a voice vote. It was
noncontroversial. Shortly thereafter, Democratic Leader Steny Hoyer
announced his support for full Federal recognition for the Lumbee
Nation and his intention to bring the bill to the floor.
Mr. Hoyer told me, and he told Chairman Godwin in a telephone call a
few weeks ago, that he would bring this bill, H.R. 1964, to the floor
on November 16. Today is November 16.
{time} 1615
During the Presidential campaign, Joe Biden gave his unconditional
support to this legislation, and President Trump, as Mr. Bishop said,
did so as well.
Now is the time for the House to get this done. When this legislation
passes, it is my fervent hope that our Senate colleagues from both
parties will support passage and send it to the President's desk for
his immediate signature.
In closing, Mr. Speaker, let me remind the House that this
legislation has been before this body many times over the years since I
have been in Congress. I recall Democratic Congressman Mike McIntyre
repeatedly introducing this legislation. In the 110th and the 111th
Congress, the House passed this legislation, but it never ever saw the
light in the other body.
It appears that the legislation now has the support of Senators Burr
and Tillis. I am not suggesting that they didn't support it previously.
It was another time and another Congress, but it appears that the
legislation has the support of Senator Burr and Senator Tillis and it
should be favorably considered in the Senate.
Therefore, I respectfully ask my colleagues to extend a hand of
friendship to the 66,000 members of the Lumbee Nation and grant them
their long overdue full Federal recognition.
Mr. Speaker, I ask my colleagues to vote ``aye'' on H.R. 1964.
Mr. HUFFMAN. Mr. Speaker, I include in the Record an email from the
CBO. While we do not have an official CBO score, we do have this email
today confirming that the bill will not affect direct spending or
revenues.
From: Jon Sperl
Sent: Monday, November 16, 2020 12:06 PM
To: Lim, Sarah
Cc: Urbina, Luis
Subject: RE: HR 1964 (Lumbee Recognition)
Morning Sarah: My manager has informed me that she won't be
able to get to the Lumbee bill today.
For your purposes: HR 1964 would increase discretionary
spending. The legislation would not affect direct spending or
revenues.
Cheers,
Jon.
Mr. HUFFMAN. Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this longstanding issue has been one that has been
before many Congresses, so I appreciate Mr. Butterfield for his efforts
and Mr. Bishop--both of them North Carolina Representatives--for
bringing their State together and coming up with a cooperative way of
doing it.
The issue with the Lumbees goes back to 1956, as has been mentioned,
but also had, starting in 1988 and 1989 and finishing in the last
administration, conflicting opinions from solicitors of the Interior
Department that have caused this problem regarding the Lumbee Tribe on
what they may or may not pursue as far as administrative recognition or
other issues that are dealt with.
So the proper way when there are conflicting opinions, especially
coming from the executive branch, is for Congress to stand up and do
its responsibility and its duty, and that is what H.R. 1964--which was
a wonderful year for me; I remember it very well--does is allow
Congress to do its responsibility by taking these conflicting opinions
and stating what is the purpose and intent of Congress. This is the
right way of doing things.
Far too often have we tried to use administrative shortcuts when, in
essence, we find out that it produces long-term problems for us. So I
commend Representative Bishop from North Carolina, not only for a great
name, but also for the fact that he is representing his constituency
extremely well, and he is doing it in the proper way in bringing a
piece of legislation to us through markup.
I appreciate, also, the letter that was mentioned by Mr. Huffman as
well, because it is significant. One of the things the majority party
still has to do is make sure there is a CBO score attached to this
bill, perhaps, before it
[[Page H5738]]
goes all the way through, but we have overlooked those in the past. We
don't need to necessarily overlook them in the future going through
there.
But I appreciate what the gentlemen are doing with this process. It
is a positive thing, and I urge all of the Members who are here or who
are not here to pass this one in the affirmative because it is
something that needs to be done. I applaud those who have worked so
hard to get unity within the delegation from North Carolina and move
forward with it.
Mr. Speaker, I yield back the balance of my time.
Mr. HUFFMAN. Mr. Speaker, I request an ``aye'' vote, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Huffman) that the House suspend the
rules and pass the bill, H.R. 1964, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________