H.R. 3810 (104th): Lumbee Recognition Act

104th Congress, 1995–1996. Text as of Jul 12, 1996 (Introduced).

Status & Summary | PDF | Source: GPO

HR 3810 IH

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 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 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 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 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 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 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 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 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) 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 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 in accordance with the procedures set forth in part 81 of title 25 of the Code of Federal Regulations with respect to such constitution, and the reorganization of the government of the tribe under any such constitution and bylaws. In addition to the requirements 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 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 North Carolina; and

      ‘(ii) the individual has abandoned membership in any other Indian group or tribe.

    ‘(B) The Lumbee Tribe 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 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).

‘INTERIM GOVERNMENT

    ‘SEC. 5. (a) Until the tribe has adopted a constitution pursuant to the terms of this Act, the Board of Directors of the Lumbee Regional Development Association (hereafter in this section referred to as ‘LRDA’) is recognized 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 contracts, grant agreements, and other arrangements 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 conduct such meetings or hearings as it deems necessary;

      ‘(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 constitution.

‘JURISDICTION

    ‘SEC. 6. (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 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 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 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 appropriated under this Act, the tribe’s proposals for expenditures of such funds shall be submitted to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives 60 calendar days prior to any expenditure of such funds by the tribe.’.