[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 334 Introduced in House (IH)]
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 HOUSE OF REPRESENTATIVES
January 5, 1993
Mr. Rose introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
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 Representatives 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 recognition as an Indian tribe
since 1888; and
``Whereas the Lumbee Indians are entitled to Federal recognition of their status
as an Indian tribe and the benefits, privileges, and immunities that
accompany such status: Now, therefore,''.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended--
(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 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 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 Services 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 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 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, auditing 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 authorizing or requiring the termination of any trust
responsibility 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, bylaws, 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 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) Before adopting a constitution, the roll of the tribe
shall be open for a 180-day period to allow the enrollment of any
individual previously enrolled in another Indian 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 distribution in Robeson and
adjoining counties, North Carolina, the opening of the tribal roll for
the purposes of subparagraph (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 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).
``jurisdiction
``Sec. 5. (a)(1) The State of North Carolina shall exercise
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 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 paragraph (1) pursuant to an agreement
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 appropriated
under this Act, the tribe's proposals for expenditures of such funds
shall be submitted to the Select Committee 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.''.
<all>