Lumbee Recognition Act

II Calendar No. 522 117TH CONGRESS 2D SESSION H. R. 2758 IN THE SENATE OF THE UNITED STATES NOVEMBER 2, 2021 Received SEPTEMBER 29, 2022 Read the first time OCTOBER 11, 2022 Read the second time and placed on the calendar AN ACT 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 VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2758.PCS H2758 kjohnson on DSK79L0C42PROD with BILLS 2 HR 2758 PCS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Lumbee Recognition 2 Act’’. 3 SEC. 2. FEDERAL RECOGNITION. 4 The Act of June 7, 1956 (70 Stat. 254, chapter 375), 5 is amended— 6 (1) by striking section 2; 7 (2) in the first sentence of the first section, by 8 striking ‘‘That the Indians’’ and inserting the fol- 9 lowing: 10 ‘‘SEC. 3. DESIGNATION OF LUMBEE INDIANS. 11 ‘‘The Indians’’; 12 (3) in the preamble— 13 (A) by inserting before the first undesig- 14 nated clause the following: 15 ‘‘SECTION 1. FINDINGS. 16 ‘‘Congress finds that—’’; 17 (B) by designating the undesignated 18 clauses as paragraphs (1) through (4), respec- 19 tively, and indenting appropriately; 20 (C) by striking ‘‘Whereas’’ each place it 21 appears; 22 (D) by striking ‘‘and’’ after the semicolon 23 at the end of each of paragraphs (1) and (2) 24 (as so designated); and 25 VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2758.PCS H2758 kjohnson on DSK79L0C42PROD with BILLS 3 HR 2758 PCS (E) in paragraph (4) (as so designated), by 1 striking ‘‘: Now, therefore,’’ and inserting a pe- 2 riod; 3 (4) by moving the enacting clause so as to ap- 4 pear before section 1 (as so designated); 5 (5) by striking the last sentence of section 3 (as 6 designated by paragraph (2)); 7 (6) by inserting before section 3 (as designated 8 by paragraph (2)) the following: 9 ‘‘SEC. 2. DEFINITIONS. 10 ‘‘In this Act: 11 ‘‘(1) SECRETARY.—The term ‘Secretary’ means 12 the Secretary of the Interior. 13 ‘‘(2) TRIBE.—The term ‘Tribe’ means the 14 Lumbee Tribe of North Carolina or the Lumbee In- 15 dians of North Carolina.’’; and 16 (7) by adding at the end the following: 17 ‘‘SEC. 4. FEDERAL RECOGNITION. 18 ‘‘(a) IN GENERAL.—Federal recognition is extended 19 to the Tribe (as designated as petitioner number 65 by 20 the Office of Federal Acknowledgment). 21 ‘‘(b) APPLICABILITY OF LAWS.—All laws and regula- 22 tions of the United States of general application to Indi- 23 ans and Indian tribes shall apply to the Tribe and its 24 members. 25 VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2758.PCS H2758 kjohnson on DSK79L0C42PROD with BILLS 4 HR 2758 PCS ‘‘(c) PETITION FOR ACKNOWLEDGMENT.—Notwith- 1 standing section 3, any group of Indians in Robeson and 2 adjoining counties, North Carolina, whose members are 3 not enrolled in the Tribe (as determined under section 4 5(d)) may petition under part 83 of title 25 of the Code 5 of Federal Regulations for acknowledgment of tribal exist- 6 ence. 7 ‘‘SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES. 8 ‘‘(a) IN GENERAL.—The Tribe and its members shall 9 be eligible for all services and benefits provided by the 10 Federal Government to federally recognized Indian tribes. 11 ‘‘(b) SERVICE AREA.—For the purpose of the delivery 12 of Federal services and benefits described in subsection 13 (a), those members of the Tribe residing in Robeson, Cum- 14 berland, Hoke, and Scotland counties in North Carolina 15 shall be deemed to be residing on or near an Indian res- 16 ervation. 17 ‘‘(c) DETERMINATION OF NEEDS.—On verification 18 by the Secretary of a tribal roll under subsection (d), the 19 Secretary and the Secretary of Health and Human Serv- 20 ices shall— 21 ‘‘(1) develop, in consultation with the Tribe, a 22 determination of needs to provide the services for 23 which members of the Tribe are eligible; and 24 VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2758.PCS H2758 kjohnson on DSK79L0C42PROD with BILLS 5 HR 2758 PCS ‘‘(2) after the tribal roll is verified, each submit 1 to Congress a written statement of those needs. 2 ‘‘(d) TRIBAL ROLL.— 3 ‘‘(1) IN GENERAL.—For purpose of the delivery 4 of Federal services and benefits described in sub- 5 section (a), the tribal roll in effect on the date of en- 6 actment of this section shall, subject to verification 7 by the Secretary, define the service population of the 8 Tribe. 9 ‘‘(2) VERIFICATION LIMITATION AND DEAD- 10 LINE.—The verification by the Secretary under 11 paragraph (1) shall— 12 ‘‘(A) be limited to confirming documentary 13 proof of compliance with the membership cri- 14 teria set out in the constitution of the Tribe 15 adopted on November 16, 2001; and 16 ‘‘(B) be completed not later than 2 years 17 after the submission of a digitized roll with sup- 18 porting documentary proof by the Tribe to the 19 Secretary. 20 ‘‘SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST. 21 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 22 vision of law, the Secretary is hereby authorized to take 23 land into trust for the benefit of the Tribe. 24 VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2758.PCS H2758 kjohnson on DSK79L0C42PROD with BILLS 6 HR 2758 PCS ‘‘(b) TREATMENT OF CERTAIN LAND.—An applica- 1 tion to take into trust land located within Robeson Coun- 2 ty, North Carolina, under this section shall be treated by 3 the Secretary as an ‘on reservation’ trust acquisition 4 under part 151 of title 25, Code of Federal Regulations 5 (or a successor regulation). 6 ‘‘SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA. 7 ‘‘(a) IN GENERAL.—With respect to land located 8 within the State of North Carolina that is owned by, or 9 held in trust by the United States for the benefit of, the 10 Tribe, or any dependent Indian community of the Tribe, 11 the State of North Carolina shall exercise jurisdiction 12 over— 13 ‘‘(1) all criminal offenses that are committed; 14 and 15 ‘‘(2) all civil actions that arise. 16 ‘‘(b) TRANSFER OF JURISDICTION.— 17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 18 the Secretary may accept on behalf of the United 19 States, after consulting with the Attorney General of 20 the United States, any transfer by the State of 21 North Carolina to the United States of any portion 22 of the jurisdiction of the State of North Carolina de- 23 scribed in subsection (a) over Indian country occu- 24 VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2758.PCS H2758 kjohnson on DSK79L0C42PROD with BILLS 7 HR 2758 PCS pied by the Tribe pursuant to an agreement between 1 the Tribe and the State of North Carolina. 2 ‘‘(2) RESTRICTION.—A transfer of jurisdiction 3 described in paragraph (1) may not take effect until 4 2 years after the effective date of the agreement de- 5 scribed in that paragraph. 6 ‘‘(c) EFFECT.—Nothing in this section affects the ap- 7 plication of section 109 of the Indian Child Welfare Act 8 of 1978 (25 U.S.C. 1919). 9 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 10 ‘‘There are authorized to be appropriated such sums 11 as are necessary to carry out this Act. 12 ‘‘SEC. 9. SHORT TITLE. 13 ‘‘This Act may be cited as the ‘Lumbee Tribe of 14 North Carolina Recognition Act’.’’. 15 Passed the House of Representatives November 1, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2758.PCS H2758 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 522 117TH CONGRESS 2D SESSION H. R. 2758 AN ACT To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes. OCTOBER 11, 2022 Read the second time and placed on the calendar VerDate Sep 11 2014 00:24 Oct 12, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H2758.PCS H2758 kjohnson on DSK79L0C42PROD with BILLS