S. 660Senate109th Congress (2005-2007)In Committee

Lumbee Recognition Act

Introduced March 17, 2005

Legislative Activity

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5 earlier actions
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 606.

September 13, 2006

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SenateIntro Referral

Introduced in Senate

March 17, 2005

SenateIntro Referral

Read twice and referred to the Committee on Indian Affairs.

March 17, 2005

SenateCommittee

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 109-610.

July 12, 2006

SenateCommittee

Committee on Indian Affairs. Ordered to be reported without amendment favorably.

August 2, 2006

SenateCommittee

Committee on Indian Affairs. Reported by Senator McCain without amendment. With written report No. 109-334.

September 13, 2006

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 606.

September 13, 2006

Floor Debate

3 members

What members said about S. 660 on the floor

3 Republicans
Ted Stevens
Sen. Ted StevensR-AK · Aug 2, 2006

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on August 2, 2006, at 2 p.m., in open session to continue to receive…

Judd Gregg
Sen. Judd GreggR-NH · Jul 12, 2006

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on July 12, 2006, at 10:30 a.m., to conduct a…

John McCain
Sen. John McCainR-AZ · Jul 31, 2006

Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Wednesday, August 2, 2006, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct a…

Bill Text

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Reported to SenateIssued September 13, 2006
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 660 Reported in Senate (RS)]

Calendar No. 606
109th CONGRESS
2d Session
S. 660

[Report No. 109-334]

To provide for the acknowledgment of the Lumbee Tribe of North
Carolina, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 17, 2005

Mrs. Dole (for herself, Mr. Burr, and Mr. Crapo) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs

September 13, 2006

Reported by Mr. McCain, without amendment

_______________________________________________________________________

A BILL

To provide for the acknowledgment of the Lumbee Tribe of North
Carolina, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Lumbee Recognition Act''.

SEC. 2. PREAMBLE.

The preamble to the Act of June 7, 1956 (70 Stat. 254), is
amended--
(1) by striking ``and'' at the end of each clause;
(2) by striking ``: Now, therefore,'' at the end of the
last clause and inserting a semicolon; and
(3) by adding at the end the following:

``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally
Cheraw, and have remained a distinct Indian community since the time of
contact with white settlers;
``Whereas since 1885 the State of North Carolina has recognized the Lumbee
Indians as an Indian tribe;
``Whereas in 1956 the Congress of the United States acknowledged the Lumbee
Indians as an Indian tribe, but withheld from the Lumbee Tribe the
benefits, privileges and immunities to which the Tribe and its members
otherwise would have been entitled by virtue of the Tribe's status as a
federally recognized Indian tribe; and
``Whereas the Congress finds that the Lumbee Indians should now be entitled to
full Federal recognition of their status as an Indian tribe and that the
benefits, privileges and immunities that accompany such status should be
accorded to the Lumbee Tribe: Now, therefore,''.

SEC. 3. FEDERAL RECOGNITION.

The Act of June 7, 1956 (70 Stat. 254), is amended--
(1) by striking the last sentence of the first section; and
(2) by striking section 2 and inserting the following:

``SEC. 2. RECOGNITION.

``(a) In General.--Federal recognition is extended to the Lumbee
Tribe of North Carolina. All laws and regulations of the United States
of general application to Indians and Indian tribes shall apply to the
Lumbee Tribe of North Carolina and its members.
``(b) Petition.--Notwithstanding the first section, any group of
Indians in Robeson and adjoining counties, North Carolina, whose
members are not enrolled in the Lumbee Tribe of North Carolina as
determined under section 3(c), may petition under part 83 of title 25,
Code of Federal Regulations (or any successor regulation) for
acknowledgment of tribal existence.

``SEC. 3. ELIGIBILITY FOR SERVICES AND BENEFITS.

``(a) In General.--
``(1) Services and benefits.--The Lumbee Tribe of North
Carolina and its members shall be eligible for all services and
benefits provided to Indians because of their status as members
of a federally recognized Indian tribe.
``(2) Residence on or near reservation.--For the purposes
of the delivery of such services, members of the Tribe residing
in Robeson, Cumberland, Hoke, and Scotland counties in North
Carolina shall be deemed to be residing on or near an Indian
reservation.
``(b) Determination of Needs and Budget.--
``(1) In general.--On verification by the Secretary of the
Interior of a tribal roll under subsection (c), the Secretary
of the Interior and the Secretary of Health and Human Services
shall develop, in consultation with the Lumbee Tribe of North
Carolina, a determination of needs and budget to provide the
services to which members of the Tribe are eligible.
``(2) Inclusion in budget request.--The Secretary of the
Interior and the Secretary of Health and Human Services shall
each submit a written statement of those needs and a budget
with the first budget request submitted to Congress after the
fiscal year in which the tribal roll is verified.
``(c) Tribal Roll.--
``(1) In general.--For purposes of the delivery of Federal
services, the tribal roll in effect on the date of enactment of
this section shall, subject to verification by the Secretary of
the Interior, define the service population of the Tribe.
``(2) Verification.--The Secretary's verification shall be
limited to confirming compliance with the membership criteria
set out in the Tribe's constitution adopted on November 11,
2000, which verification shall be completed not less than 1
year after the date of enactment of this section.

``SEC. 4. FEE LAND.

``Fee land that the Tribe seeks to convey to the United States to
be held in trust shall be treated by the Secretary of the Interior as
on-reservation trust acquisitions under part 151 of title 25 Code of
Federal Regulations (or any successor regulation) if the land is
located within Robeson County, North Carolina.

``SEC. 5. STATE JURISDICTION.

``(a) In General.--The State of North Carolina shall exercise
jurisdiction over--
``(1) all criminal offenses that are committed on; and
``(2) all civil actions that arise on;
land located within the state of North Carolina that is owned by, or
held in trust by the United States for, the Lumbee Tribe of North
Carolina, or any dependent Indian community of the Lumbee Tribe of
North Carolina.
``(b) Transfer.--
``(1) In general.--The Secretary of the Interior may accept
on behalf of the United States, after consulting with the
Attorney General of the United States, any transfer by the
State of North Carolina to the United States of any portion of
the jurisdiction of the State of North Carolina described in
paragraph (1) under an agreement between the Lumbee Tribe and
the State of North Carolina.
``(2) Effective date.--A transfer of jurisdiction under
paragraph (1) shall not take effect until 2 years after the
effective date of the agreement.
``(c) Effect of Section.--This section shall not affect the
application of section 109 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1919).

``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
Calendar No. 606

109th CONGRESS

2d Session

S. 660

[Report No. 109-334]

_______________________________________________________________________

A BILL

To provide for the acknowledgment of the Lumbee Tribe of North
Carolina, and for other purposes.

_______________________________________________________________________

September 13, 2006

Reported without amendment