Lumbee Tribe of North Carolina Recognition Act

II 117TH CONGRESS 1ST SESSION S. 1364 To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 26, 2021 Mr. BURR (for himself and Mr. TILLIS) introduced the following bill; which was read the first time APRIL 27, 2021 Read the second time and placed on the calendar NOVEMBER 2, 2021 Referred to the Committee on Indian Affairs 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Lumbee Tribe of North 4 Carolina Recognition Act’’. 5 VerDate Sep 11 2014 22:48 Nov 02, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1364.RTS S1364 pamtmann on DSKBC07HB2PROD with BILLS 2 S 1364 RTS SEC. 2. FEDERAL RECOGNITION. 1 The Act of June 7, 1956 (70 Stat. 254, chapter 375), 2 is amended— 3 (1) by striking section 2; 4 (2) in the first sentence of the first section, by 5 striking ‘‘That the Indians’’ and inserting the fol- 6 lowing: 7 ‘‘SEC. 3. DESIGNATION OF LUMBEE INDIANS. 8 ‘‘The Indians’’; 9 (3) in the preamble— 10 (A) by inserting before the first undesig- 11 nated clause the following: 12 ‘‘SECTION 1. FINDINGS. 13 ‘‘Congress finds that—’’; 14 (B) by designating the undesignated 15 clauses as paragraphs (1) through (4), respec- 16 tively, and indenting appropriately; 17 (C) by striking ‘‘Whereas’’ each place it 18 appears; 19 (D) by striking ‘‘and’’ after the semicolon 20 at the end of each of paragraphs (1) and (2) 21 (as so designated); and 22 (E) in paragraph (4) (as so designated), by 23 striking ‘‘: Now, therefore,’’ and inserting a pe- 24 riod; 25 VerDate Sep 11 2014 22:48 Nov 02, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1364.RTS S1364 pamtmann on DSKBC07HB2PROD with BILLS 3 S 1364 RTS (4) by moving the enacting clause so as to ap- 1 pear before section 1 (as so designated); 2 (5) by striking the last sentence of section 3 (as 3 designated by paragraph (2)); 4 (6) by inserting before section 3 (as designated 5 by paragraph (2)) the following: 6 ‘‘SEC. 2. DEFINITIONS. 7 ‘‘In this Act: 8 ‘‘(1) SECRETARY.—The term ‘Secretary’ means 9 the Secretary of the Interior. 10 ‘‘(2) TRIBE.—The term ‘Tribe’ means the 11 Lumbee Tribe of North Carolina or the Lumbee In- 12 dians of North Carolina.’’; and 13 (7) by adding at the end the following: 14 ‘‘SEC. 4. FEDERAL RECOGNITION. 15 ‘‘(a) IN GENERAL.—Federal recognition is extended 16 to the Tribe (as designated as petitioner number 65 by 17 the Office of Federal Acknowledgment). 18 ‘‘(b) APPLICABILITY OF LAWS.—All laws and regula- 19 tions of the United States of general application to Indi- 20 ans and Indian tribes shall apply to the Tribe and its 21 members. 22 ‘‘(c) PETITION FOR ACKNOWLEDGMENT.—Notwith- 23 standing section 3, any group of Indians in Robeson and 24 adjoining counties, North Carolina, whose members are 25 VerDate Sep 11 2014 22:48 Nov 02, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1364.RTS S1364 pamtmann on DSKBC07HB2PROD with BILLS 4 S 1364 RTS not enrolled in the Tribe (as determined under section 1 5(d)) may petition under part 83 of title 25 of the Code 2 of Federal Regulations for acknowledgment of tribal exist- 3 ence. 4 ‘‘SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES. 5 ‘‘(a) IN GENERAL.—The Tribe and its members shall 6 be eligible for all services and benefits provided by the 7 Federal Government to federally recognized Indian tribes. 8 ‘‘(b) SERVICE AREA.—For the purpose of the delivery 9 of Federal services and benefits described in subsection 10 (a), those members of the Tribe residing in Robeson, Cum- 11 berland, Hoke, and Scotland counties in North Carolina 12 shall be deemed to be residing on or near an Indian res- 13 ervation. 14 ‘‘(c) DETERMINATION OF NEEDS.—On verification 15 by the Secretary of a tribal roll under subsection (d), the 16 Secretary and the Secretary of Health and Human Serv- 17 ices shall— 18 ‘‘(1) develop, in consultation with the Tribe, a 19 determination of needs to provide the services for 20 which members of the Tribe are eligible; and 21 ‘‘(2) after the tribal roll is verified, each submit 22 to Congress a written statement of those needs. 23 ‘‘(d) TRIBAL ROLL.— 24 VerDate Sep 11 2014 22:48 Nov 02, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1364.RTS S1364 pamtmann on DSKBC07HB2PROD with BILLS 5 S 1364 RTS ‘‘(1) IN GENERAL.—For purpose of the delivery 1 of Federal services and benefits described in sub- 2 section (a), the tribal roll in effect on the date of en- 3 actment of this section shall, subject to verification 4 by the Secretary, define the service population of the 5 Tribe. 6 ‘‘(2) VERIFICATION LIMITATION AND DEAD- 7 LINE.—The verification by the Secretary under 8 paragraph (1) shall— 9 ‘‘(A) be limited to confirming documentary 10 proof of compliance with the membership cri- 11 teria set out in the constitution of the Tribe 12 adopted on November 16, 2001; and 13 ‘‘(B) be completed not later than 2 years 14 after the submission of a digitized roll with sup- 15 porting documentary proof by the Tribe to the 16 Secretary. 17 ‘‘SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST. 18 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 19 vision of law, the Secretary is hereby authorized to take 20 land into trust for the benefit of the Tribe. 21 ‘‘(b) TREATMENT OF CERTAIN LAND.—An applica- 22 tion to take into trust land located within Robeson Coun- 23 ty, North Carolina, under this section shall be treated by 24 the Secretary as an ‘on reservation’ trust acquisition 25 VerDate Sep 11 2014 22:48 Nov 02, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1364.RTS S1364 pamtmann on DSKBC07HB2PROD with BILLS 6 S 1364 RTS under part 151 of title 25, Code of Federal Regulations 1 (or a successor regulation). 2 ‘‘SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA. 3 ‘‘(a) IN GENERAL.—With respect to land located 4 within the State of North Carolina that is owned by, or 5 held in trust by the United States for the benefit of, the 6 Tribe, or any dependent Indian community of the Tribe, 7 the State of North Carolina shall exercise jurisdiction 8 over— 9 ‘‘(1) all criminal offenses that are committed; 10 and 11 ‘‘(2) all civil actions that arise. 12 ‘‘(b) TRANSFER OF JURISDICTION.— 13 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 14 the Secretary may accept on behalf of the United 15 States, after consulting with the Attorney General of 16 the United States, any transfer by the State of 17 North Carolina to the United States of any portion 18 of the jurisdiction of the State of North Carolina de- 19 scribed in subsection (a) over Indian country occu- 20 pied by the Tribe pursuant to an agreement between 21 the Tribe and the State of North Carolina. 22 ‘‘(2) RESTRICTION.—A transfer of jurisdiction 23 described in paragraph (1) may not take effect until 24 VerDate Sep 11 2014 22:48 Nov 02, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1364.RTS S1364 pamtmann on DSKBC07HB2PROD with BILLS 7 S 1364 RTS 2 years after the effective date of the agreement de- 1 scribed in that paragraph. 2 ‘‘(c) EFFECT.—Nothing in this section affects the ap- 3 plication of section 109 of the Indian Child Welfare Act 4 of 1978 (25 U.S.C. 1919). 5 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 6 ‘‘There are authorized to be appropriated such sums 7 as are necessary to carry out this Act. 8 ‘‘SEC. 9. SHORT TITLE. 9 ‘‘This Act may be cited as the ‘Lumbee Tribe of 10 North Carolina Recognition Act’.’’. 11 Æ VerDate Sep 11 2014 22:48 Nov 02, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S1364.RTS S1364 pamtmann on DSKBC07HB2PROD with BILLS