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H.R. 4656 (84th): An Act relating to the Lumbee Indians, of North Carolina


The text of the bill below is as of Jun 7, 1956 (Passed Congress).


254                                          PUBLIC LAW 5 7 0 - J U N E 7, 1956           [70 STATi

                         he is dependent, the appropriation supporting the maintenance and
                         operation of the medical facility furnishing the medical care shall
                         be reimbursed at rates established by the Bureau of the Budget to
                         reflect the average cost of providing such care.
  Su b s i s t e n c e      SEC. 302. Commissioned officers and warrant officers, active and
charges*
                         retired, shall pay an amount equal to the portion of the charge estab-
                         lished under section 103 (c) of this Act that is attributable to sub-
                         sistence when hospitalized in a medical facility of a uniformed service.
                         Retired enlisted personnel, including members of the Fleet Reserve
                         and the Fleet Marine Corps Reserve, shall not be charged for sub-
                         sistence when hospitalized in a medical facility of a uniformed service.
  Additional h o s '        SEC. 303. Where a person who is covered under an insurance, medi-
pitalizatioTu
                         cal service, or health plan or plans, as provided in this Act, requires
                         hospitalization beyond the period of time provided under such plan
                         or plans, if such hospitalization is authorized in medical facilities of
                         a uniformed service, such person may be transferred to a medical
                         facility of a uniformed service for the continuation of such hospitali-
                         zation. Where movement to such medical facility is not feasible, the
                         expenses for such additional hospitalization required by such person
                         in a civilian facility are authorized to be paid, subject to such regula-
                         tions as the Secretary of Defense after consultation with the Secretary
                         of Health, Education, and Welfare may prescribe.
  Dependency d e -
terminationsc               SEC. 304. All determinations made under this Act by the Secretary
                         of Defense or the Secretary of Health, Education, and Welfare with
                         respect to dependency shall be conclusive for all purposes and shall
                         not be subject to review in any court or by any accounting officer of the
                         Government, except for cases involving fraud or gross negligence.
                         Such determinations may at any time be reconsidered or modified on
                         the basis of new evidence or for other good cause.
  Appropri ation.
                            SEC. 305. There are hereby authorized to be appropriated such sums
                         as may be necessary to carry out the provisions of this Act.
  Repeals.
  10 u s e 96.              SEC. 306. The following laws and parts of laws are hereby repealed:
                            (1) So much of the Act of July 5,1884 (ch. 217, 23 Stat. 107), as is
                         contained in the proviso under the heading "Medical Departments";
  24 u s e 32-36.           (2) The Act of May 10, 1943 (ch. 95, 57 Stat. 80), except section 4
  Exception.
                         of such Act, and except that part of section 5 which relates to persons
                         outside the Naval Service mentioned in section 4 of such Act;
  58 Stat. 697.
  42 u s e 253.             (3) Section 326 (b) of the Public Health Service Act, except as it
                         relates to dependent members of families of ships' officers and mem-
                         bers of crews of vessels of the Coast and Geodetic Survey;
                            (4) Section 710 (a) of the Act of July 1, 1944 (ch. 373, 58 Stat.
                         714), as amended;
  63 Stat. 201.
  10 u s e 456-456-2        (5) Public Law 108, approved June 20, 1949, to the extent it au-
and n o t e s .          thorizes hospital benefits for dependents of members of the reserve
                         components of the Armed Forces;
  34 u s e 8 54f.           (6) Section 207 of the Act of Jime 25, 1938 (52 Stat. 1180).
  Effective date.
                            SEC. 307. This Act shall become effective six months after the date
                         of its enactment.
                            Approved June 7, 1956.


                         Public Law 570                                            CHAPTER 375
  Tune 7, 1956                                            AN ACT
  IH. R. 4656]                       Relating to the Liimbee Indians of North Carolina.

                         Whereas many Indians now living in Robeson and adjoining counties
                          are descendants of that once large and prosperous tribe which oc-
                          cupied the lands along the Lumbee River at the time of the earliest
                          white settlements in that section; and

70 STAT.] PUBLIC LAW 571-JUNE 7, 1956 255 "^Tiereas at the time of their first contacts with the colonists, these Indians were a well-established and distinctive people living in European-type houses in settled towns and communities, owning slaves and livestock, tilling the soil, and practicing many of the arts and crafts of European civilization; and Whereas by reason of tribal legend, coupled with a distinctive appear- ance and manner of speech and the frequent recurrence among them of family names such as Oxendine, Locklear, Chavis, Drinkwater, Bullard, Lowery, Sampson, and others, also found on the roster of the earliest English settlements, these Indians may, with consider- able show of reason, trace their origin to an admixture of colonial blood with certain coastal tribes of Indians; and Whereas these people are naturally and understandably proud of their heritage, and desirous of establishing their social status and preserving their racial history: Now, therefore. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That the Indians Lumbee Indians of North Carolina^ now residing in Robeson and adjoining counties of North Carolina, originally found by the first white settlers on the Lumbee River in Robeson County, and claiming joint descent from remnants of early American colonists and certain tribes of Indians originally inhabiting the coastal regions of North Carolina, shall, from and after the ratifi- cation of this Act, be known and designated as Lumbee Indians of North Carolina and shall continue to enjoy all rights, privileges, and immunities enjoyed by them as citizens of the State of North Carolina and of the United States as they enjoyed before the enactment of this Act, and shall continue to be subject to all the obligations and duties of such citizens under the laws of the State of North Carolina and the United States. Nothing in this Act 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 applica- ble to the Ijumbee Indians. SEC. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved June 7, 1956. Public Law 571 CHAPTER 376 AN ACT June 7, 1956 To further amend the Military Personnel Claims Act of 1945. [H. R. 3996] Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 (a) Military per- sonnel. of the Military Personnel Claims Act of 1945 (59 Stat. 225), as Claimst amended, is further amended by striking out "$2,500" and inserting 66 Stat. 321< 31 u s e 222c. in lieu thereof "$6,500". SEC. 2. Section 1 of this amendatory Act is effective as of July 2, 1952, and, notwithstanding section 1 (e) of the Military Personnel Claims Act of 1945, as amended, any claim heretofore settled in the amount of $2,500 solely by reason of the maximum limitation estab- lished by the Act of July 3, 1952 (ch. 548, 66 Stat. 321), may, upon 31 u s e 222c. the written request of the claimant made within one year from the date of enactment of section 1 of this amendatory Act, be reconsidered and settled in accordance with the amendment contained in that section. Approved June 7, 1956.