What This Bill Does
This bill extends federal recognition to the Lumbee Tribe of North Carolina. The bill amends the original Lumbee Act from 1956 by making the Lumbee Tribe eligible for federal services and benefits provided to federally recognized Indian tribes.
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Who It Affects
- The Lumbee Tribe of North Carolina and its members
- The Secretary of the Interior
- The Secretary of Health and Human Services
- The State of North Carolina
- American Indian groups in Robeson and adjoining counties, North Carolina who are not enrolled in the Lumbee Tribe
- Federal agencies that provide services to federally recognized Indian tribes
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Key Provisions
- The Lumbee Tribe receives federal recognition, which means it is officially recognized by the U.S. government as an Indian tribe (Sec. 4(a))
- All federal laws and regulations that apply to Indian tribes and their members now apply to the Lumbee Tribe and its members (Sec. 4(b))
- Lumbee Tribe members living in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina are treated as living on or near an Indian reservation for purposes of receiving federal services and benefits (Sec. 5(b))
- The Secretary of the Interior is authorized to take land into trust for the benefit of the Lumbee Tribe, and land in Robeson County will be treated as "on reservation" land (Sec. 6)
- North Carolina retains jurisdiction over criminal offenses and civil lawsuits on tribal lands, unless the state and tribe agree to transfer some of this jurisdiction to the federal government (Sec. 7)
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What Changes
The Lumbee Tribe gains access to federal services and benefits previously unavailable to them. The tribe's members can now use services designed for federally recognized Indian tribes. The Secretary of the Interior can now acquire land in trust on behalf of the Lumbee Tribe. A process begins to verify the tribal roll within 2 years to determine which tribe members are eligible for federal services.
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Important Definitions
- Secretary: The Secretary of the Interior
- Tribe: The Lumbee Tribe of North Carolina or the Lumbee Indians of North Carolina
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Effective Date
Not specified in bill text
II
118TH CONGRESS
2D SESSION
H. R. 1101
IN THE SENATE OF THE UNITED STATES
DECEMBER 18 (legislative day, DECEMBER 16), 2024
Received
AN ACT
To amend the Lumbee Act of 1956.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Lumbee Fairness Act’’.
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SEC. 2. FEDERAL RECOGNITION.
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The Act of June 7, 1956 (70 Stat. 254, chapter 375),
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is amended—
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(1) by striking section 2;
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(2) in the first sentence of the first section, by
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striking ‘‘That the Indians’’ and inserting the fol-
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lowing:
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‘‘SEC. 3. DESIGNATION OF LUMBEE INDIANS.
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‘‘The Indians—’’;
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(3) in the preamble—
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(A) by inserting before the first undesig-
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nated clause the following:
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‘‘SEC. 1. FINDINGS.
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‘‘Congress finds that—’’;
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(B)
by
designating
the
undesignated
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clauses as paragraphs (1) through (4), respec-
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tively, and indenting appropriately;
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(C) by striking ‘‘Whereas’’ each place it
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appears;
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(D) by striking ‘‘and’’ after the semicolon
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at the end of each of paragraphs (1) and (2)
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(as so designated); and
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(E) in paragraph (4) (as so designated), by
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striking ‘‘: Now, therefore,’’ and inserting a pe-
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riod;
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(4) by moving the enacting clause so as to ap-
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pear before section 1 (as so designated);
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(5) by striking the last sentence of section 3 (as
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designated by paragraph (2));
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(6) by inserting before section 3 (as designated
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by paragraph (2)) the following:
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‘‘SEC. 2. DEFINITIONS.
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‘‘In this Act:
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‘‘(1) SECRETARY.—The term ‘Secretary’ means
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the Secretary of the Interior.
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‘‘(2) TRIBE.—The term ‘Tribe’ means the
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Lumbee Tribe of North Carolina or the Lumbee In-
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dians of North Carolina.’’; and
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(7) by adding at the end the following:
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‘‘SEC. 4. FEDERAL RECOGNITION.
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‘‘(a) IN GENERAL.—Federal recognition is extended
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to the Tribe (as designated as petitioner number 65 by
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the Office of Federal Acknowledgment).
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‘‘(b) APPLICABILITY OF LAWS.—All laws and regula-
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tions of the United States of general application to Indi-
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ans and Indian tribes shall apply to the Tribe and its
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members.
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‘‘(c) PETITION FOR ACKNOWLEDGMENT.—Notwith-
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standing section 3, any group of Indians in Robeson and
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adjoining counties, North Carolina, whose members are
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not enrolled in the Tribe (as determined under section
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5(d)) may petition under part 83 of title 25 of the Code
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of Federal Regulations for acknowledgment of tribal exist-
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ence.
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‘‘SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
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‘‘(a) IN GENERAL.—The Tribe and its members shall
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be eligible for all services and benefits provided by the
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Federal Government to federally recognized Indian tribes.
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‘‘(b) SERVICE AREA.—For the purpose of the delivery
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of Federal services and benefits described in subsection
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(a), those members of the Tribe residing in Robeson, Cum-
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berland, Hoke, and Scotland counties in North Carolina
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shall be deemed to be residing on or near an Indian res-
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ervation.
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‘‘(c) DETERMINATION OF NEEDS.—On verification
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by the Secretary of a tribal roll under subsection (d), the
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Secretary and the Secretary of Health and Human Serv-
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ices shall—
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‘‘(1) develop, in consultation with the Tribe, a
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determination of needs to provide the services for
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which members of the Tribe are eligible; and
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‘‘(2) after the tribal roll is verified, each submit
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to Congress a written statement of those needs.
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‘‘(d) TRIBAL ROLL.—
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‘‘(1) IN GENERAL.—For purpose of the delivery
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of Federal services and benefits described in sub-
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section (a), the tribal roll in effect on the date of en-
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actment of this section shall, subject to verification
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by the Secretary, define the service population of the
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Tribe.
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‘‘(2) VERIFICATION
LIMITATION
AND
DEAD-
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LINE.—The verification by the Secretary under
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paragraph (1) shall—
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‘‘(A) be limited to confirming documentary
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proof of compliance with the membership cri-
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teria set out in the constitution of the Tribe
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adopted on November 16, 2001; and
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‘‘(B) be completed not later than 2 years
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after the submission of a digitized roll with sup-
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porting documentary proof by the Tribe to the
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Secretary.
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‘‘SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
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‘‘(a) IN GENERAL.—Notwithstanding any other pro-
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vision of law, the Secretary is hereby authorized to take
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land into trust for the benefit of the Tribe.
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‘‘(b) TREATMENT OF CERTAIN LAND.—An applica-
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tion to take into trust land located within Robeson Coun-
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ty, North Carolina, under this section shall be treated by
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the Secretary as an ‘on reservation’ trust acquisition
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under part 151 of title 25, Code of Federal Regulations
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(or a successor regulation).
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‘‘SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
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‘‘(a) IN GENERAL.—With respect to land located
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within the State of North Carolina that is owned by, or
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held in trust by the United States for the benefit of, the
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Tribe, or any dependent Indian community of the Tribe,
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the State of North Carolina shall exercise jurisdiction
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over—
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‘‘(1) all criminal offenses that are committed;
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and
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‘‘(2) all civil actions that arise.
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‘‘(b) TRANSFER OF JURISDICTION.—
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‘‘(1) IN GENERAL.—Subject to paragraph (2),
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the Secretary may accept on behalf of the United
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States, after consulting with the Attorney General of
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the United States, any transfer by the State of
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North Carolina to the United States of any portion
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of the jurisdiction of the State of North Carolina de-
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scribed in subsection (a) over Indian country occu-
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pied by the Tribe pursuant to an agreement between
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the Tribe and the State of North Carolina.
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‘‘(2) RESTRICTION.—A transfer of jurisdiction
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described in paragraph (1) may not take effect until
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2 years after the effective date of the agreement de-
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scribed in that paragraph.
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‘‘(c) EFFECT.—Nothing in this section affects the ap-
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plication of section 109 of the Indian Child Welfare Act
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of 1978 (25 U.S.C. 1919).’’.
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Passed the House of Representatives December 17,
2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.
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