H.R. 31House111th Congress (2009-2011)Passed House

Lumbee Recognition Act

Introduced January 6, 2009

Legislative Activity

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20 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 72.

June 9, 2009

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HouseIntro Referral

Introduced in House

January 6, 2009

HouseIntro Referral

Referred to the House Committee on Natural Resources.

January 6, 2009

HouseCommittee

Committee Hearings Held.

March 18, 2009

HouseCommittee

Committee Consideration and Mark-up Session Held.

April 22, 2009

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

April 22, 2009

HouseCommittee

Reported (Amended) by the Committee on Natural Resources. H. Rept. 111-103.

May 12, 2009

HouseCalendars

Placed on the Union Calendar, Calendar No. 49.

May 12, 2009

HouseFloor

Rules Committee Resolution H. Res. 490 Reported to House. Rule provides for consideration of H.R. 31 and H.R. 1385. General debate for both bills is limited to 1 hour equally divided and controlled. For H.R. 1385, specified amendments are in order. For each bill, the previous question shall be considered as ordered without intervening motions except one motion to recommit with or without instructions.

June 2, 2009 • 7:07 PM

HouseFloor

Considered under the provisions of rule H. Res. 490. (consideration: CR H6115-6122)

June 3, 2009 • 2:17 PM

HouseFloor

Rule provides for consideration of H.R. 31 and H.R. 1385. General debate for each bill is limited to 1 hour equally divided and controlled. For H.R. 1385, specified amendments are in order. For each bill, the previous question shall be considered as ordered without intervening motions except one motion to recommit with or without instructions.

June 3, 2009 • 2:17 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 31.

June 3, 2009 • 2:19 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H6120)

June 3, 2009 • 2:48 PM

HouseFloor

Mr. Hastings (WA) moved to recommit with instructions to Natural Resources. (consideration: CR H6120-6122; text: CR H6120)

June 3, 2009 • 2:49 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Hastings (WA) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding a new sentence regarding the verification by the Secretary of the Interior that persons on the Lumbee base rolls are descendants of Cheraw for delivery of Federal services.

June 3, 2009 • 2:49 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 197 - 224 (Roll no. 296).

June 3, 2009 • 3:32 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 240 - 179 (Roll No. 297).(text: CR H6115)

June 3, 2009 • 3:41 PM

HouseFloor

On passage Passed by the Yeas and Nays: 240 - 179 (Roll No. 297). (text: CR H6115)

June 3, 2009 • 3:41 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 3, 2009 • 3:41 PM

SenateIntro Referral

Received in the Senate.

June 4, 2009

SenateCalendars

Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

June 8, 2009

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 72.

June 9, 2009

Floor Debate

14 members

What members said about H.R. 31 on the floor

7 Republicans7 Democrats
Doc Hastings
Rep. Doc HastingsR-WA-4 · Jun 3, 2009

Madam Speaker, I rise in opposition to H.R. 31, and I do so because I believe this bill sets a bad precedent. It extends Federal recognition to what I understand would become the third largest tribe…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Jun 3, 2009

Madam Speaker, pursuant to House Resolution 490, I call up the bill (H.R. 31) to provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes, and ask for its immediate…

David Dreier
Rep. David DreierR-CA-26 · Jun 3, 2009

Mr. Speaker, I yield myself such time as I may consume. (Mr. DREIER asked and was given permission to revise and extend his remarks.) First, let me say how great it is to see you in the Chair, Mr.…

Eni F. H. Faleomavaega
Rep. Eni F. H. FaleomavaegaD-AS · Jun 3, 2009

Madam Speaker, I rise today in strong support of H.R. 31, the proposed bill to provide for the recognition of the Lumbee Tribe of North Carolina. First, I want to commend the gentleman and my dear…

Dennis A. Cardoza
Rep. Dennis A. CardozaD-CA-18 · Jun 3, 2009

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 490 and ask for its immediate consideration. Thank you, Mr. Speaker. For the purpose of debate only, I yield the…

Show 8 more
J. Gresham Barrett
Rep. J. Gresham BarrettR-SC-3 · Jul 24, 2009

Madam Speaker, unfortunately I missed some recorded votes on the House floor on Thursday, July 16, 2009. Had I been present, I would have voted ``aye'' on rollcall vote #555 (On agreeing to the Price…

Mike McIntyre
Rep. Mike McIntyreD-NC-7 · Jun 3, 2009

Madam Speaker, the members of the Lumbee Tribe, many of whom are here from the tribal council today, and I appreciate Chairman Rahall's strong support of the Lumbee Tribe in the past and your…

Patrick T. McHenry
Rep. Patrick T. McHenryR-NC-10 · Jun 3, 2009

Madam Speaker, I thank my colleague and ranking member for yielding. I thank my colleague from North Carolina as well for his honest efforts on behalf of his constituents. I respectfully disagree…

Donna M. Christensen
Rep. Donna M. ChristensenD-VI · Jun 3, 2009

Madam Speaker, I am honored to join my colleagues to once again support H.R. 31, the Lumbee Recognition Act offered by Rep. McIntyre and H.R. 1385, the Thomasina E. Jordan Indian Tribes of Virginia…

Harry Reid
Sen. Harry ReidD-NV · Jun 8, 2009

Madam President, H.R. 31 is at the desk and has been received from the House; is that correct? I ask for its first reading. Madam President, I would first ask for its second reading but object to my…

Harry Reid
Sen. Harry ReidD-NV · Jun 9, 2009

Mr. President, it is my understanding that H.R. 31 is at the desk and it is due for a second reading. Mr. President, I object to any further proceedings at this time.

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Jun 3, 2009

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 31.

Mike Pence
Rep. Mike PenceR-IN-6 · Jun 3, 2009

Madam Speaker, I was unavoidably detained and missed rollcall vote No. 295 on passage of H. Res. 490. Had I been present, I would have voted ``nay.''

Show 4 more
Kevin McCarthy
Rep. Kevin McCarthyR-CA-22 · Jun 3, 2009

Mr. Speaker, during final consideration of H.R. 31, I inadvertently voted ``yea'' on rollcall 297. I intended to vote ``nay.''

Nita M. Lowey
Rep. Nita M. LoweyD-NY-18 · Jun 3, 2009

Madam Speaker, I regrettably missed rollcall vote No. 295 on June 2, 2009. Had I been present, I would have voted ``yea.''

Lynn A. Westmoreland
Rep. Lynn A. WestmorelandR-GA-3 · Jun 3, 2009

Madam Speaker, on rollcall No. 295 I was unavoidably detained. Had I been present, I would have voted ``nay.''

Mike McIntyre
Rep. Mike McIntyreD-NC-7 · Mar 12, 2009

Mr. Speaker, I ask unanimous consent to remove Representative Manzullo's name as cosponsor of H.R. 31.

Bill Text

4 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued June 9, 2009

II

Calendar No. 72

111th CONGRESS

1st Session

H. R. 31

IN THE SENATE OF THE UNITED STATES

June 4, 2009

Received

June 8, 2009

Read the first time

June 9, 2009

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.

1.

Short title

This Act may be cited as the Lumbee Recognition Act.

2.

Preamble

The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows:

(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.

(3)

By adding at the end the following new clauses:

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 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,

.

3.

Federal recognition

The Act of June 7, 1956 (70 Stat. 254), is amended as follows:

(1)

By striking the last sentence of the first section.

(2)

By striking section 2 and inserting the following new sections:

2.
(a)

Federal recognition is hereby extended to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgement. 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)

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 of the Code of Federal Regulations for acknowledgement of tribal existence.

3.
(a)

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 tribe. For the purposes of the delivery of such services, those 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)

Upon 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 to provide the services to which members of the Tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs to Congress after the tribal roll is verified.

(c)

For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the Tribe. The Secretary’s verification shall be limited to confirming compliance with the membership criteria set out in the Tribe’s constitution adopted on November 16, 2001, which verification shall be completed within 2 years after the date of the enactment of this section.

4.
(a)

The Secretary may take land into trust for the Lumbee Tribe pursuant to this Act. An application to take land located within Robeson County, North Carolina, into trust under this section shall be treated by the Secretary as an on reservation trust acquisition under part 151 of title 25, Code of Federal Regulation (or a successor regulation).

(b)

The tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.

5.
(a)

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, lands located within the State of North Carolina that are 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)

The Secretary of the Interior is authorized to 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 subsection (a) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement.

(c)

The provisions of this section shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).

6.

There are authorized to be appropriated such sums as are necessary to carry out this Act.

.

Passed the House of Representatives June 3, 2009.

Lorraine C. Miller,

Clerk.

June 9, 2009

Read the second time and placed on the calendar