Official Title: An Act Providing for the Recognition of the Lumbee Tribe of North Carolina
Short Title: The Lumbee Act of 2017
This bill is respectfully presented to the United States Senate in order to bestow full federal recognition to the Lumbee tribe of North Carolina on [MONTH, DD, 2017] by Senator Noah J. Ashe and is cosponsored by Senator Helena Locklear and Congressman Greg Morton
Overview: This bill seeks to recognize the Lumbee tribe of North Carolina with full federal recognition as has been granted to other Native American tribes, as well as repeal and replace the Lumbee Act of 1956.
Section 1: This bill recognizes that Congress passed the Lumbee Act in 1956, and that Act was later signed into law by President Dwight D. Eisenhower. The Lumbee Act designated the Lumbee as an Indian people, but failed to recognize the people as a "Tribe," per request by the leaders of the Lumbee. The Lumbee Act specifically designated Lumbee Indians living in the Robeson, Hoke, Scotland, and Cumberland counties of North Carolina as the "Lumbee Indians of North Carolina."
Section 2: This bill further recognizes the text of the Lumbee Act of 1956, citing that "as requested by the Lumbee, [the Lumbee Act] stipulated that '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.'"
Section 3: This bill recognizes that the following items were forbidden by the passing of the Lumbee Act of 1956:
Subsection A: A relationship between the United States Government and the Lumbee Indians.
Subsection B: Applying for recognition through the Bureau of Indian Affairs.
Subsection C: Federal services performed for other Indian tribes.
Section 4: This bill recognizes that the Lumbee Tribe petitioned for full federal recognition through the United States Department of the Interior in 1987. This petition was denied because of the Lumbee Act. Following this denial of their petition, the Lumbee have repeatedly testified before Congress, in 1988; 1989; 1991; and 1993. These attempts at congressional action were opposed by the United States Department of the Interior and Cherokee Indian tribes.
Section 5: This bill acknowledges that the Lumbee Act of 1956 recognizes the Lumbee Indians as a tribe without providing full federal recognition to the tribe.
Section 6: This bill hereby repeals the Lumbee Act of 1956.
Section 7: This bill hereby recognizes the Lumbee's eligibility for full federal recognition as a Native Indian tribe.
Subsection A: The Lumbee tribe, and the members therein, shall henceforth be eligible for all benefits and services provided by the Federal Government for federally recognized Native Indian tribes.
Subsection B: To assure eligibility and delivery of the benefits and services, as prescribed in subsection A, the members of the Lumbee Tribe residing in the Robeson, Hoke, Scotland, and Cumberland counties of North Carolina shall be henceforth residing on or near an Indian reservation.
Subsection C: To ensure that federal benefits and services, as prescribed in subsection A, can be delivered; the tribal roll - that is the population of the tribe and names of members of the tribe - shall be in effect on the date of the enactment of this bill. Subject to verification by the Secretary of the Interior. The verification by the Secretary shall be restricted to confirming that the Lumbee tribe is complying with the membership criteria established in the Tribe's constitution, adopted on November 16, 2001; and the deadline for the verification shall be 2 years after the date of the enactment of this bill.
Subsection D: Following verification by the Secretary of the Interior of the tribal roll, the following duties are prescribed to the Secretary of Health and Human Services: To develop a determination of needs to provide federal services and benefits to the members of the Tribe whom are eligible; and to submit to Congress a statement of those needs.
Section 8: The Secretary of the Interior may take land of the Tribe into trust for the benefit of the Lumbee Tribe.
Subsection A: Land of the Tribe located within Robeson County, North Carolina, per this section shall be treated by the Secretary as a reservation trust acquisition under part 151 of Title 25, Code of Federal Regulations.
Subsection B: Land of the Tribe taken into trust, per this section, shall be considered to have been taken into trust for class II or class III gaming; as defined in Section 4 of the Indian Gaming Regulatory Act.
Section 9: This bill respects land owned by the Tribe or land held in trust by the United States for the benefit of the tribe, located within the State of North Carolina. As per this section, the State of North Carolina shall exercise jurisdiction over:
(1) All criminal offenses that are committed
(2) All civil actions that arise
(3) Transfer of jurisdiction
Subsection A: Nothing in this section affects any application of Section 109 of the Indian Child Welfare Act of 1978.
Section 10: This bill hereby authorizes sums to be appropriated as are necessary to carry out and fulfill the responsibilities of this Act.