Lumbee Tribe of North Carolina Recognition Act
Floor Speech
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Mr. HUFFMAN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1964) to provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 1964
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 Tribe of North Carolina Recognition Act''. SEC. 2. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended--
(1) by striking section 2;
(2) in the first sentence of the first section, by striking ``That the Indians'' and inserting the following: ``SEC. 3. DESIGNATION OF LUMBEE INDIANS.
``The Indians'';
(3) in the preamble--
(A) by inserting before the first undesignated clause the following: ``SECTION 1. FINDINGS.
``Congress finds that--'';
(B) by designating the undesignated clauses as paragraphs (1) through (4), respectively, and indenting appropriately;
(C) by striking ``Whereas'' each place it appears;
(D) by striking ``and'' after the semicolon at the end of each of paragraphs (1) and (2) (as so designated); and
(E) in paragraph (4) (as so designated), by striking ``: Now, therefore,'' and inserting a period;
(4) by moving the enacting clause so as to appear before section 1 (as so designated);
(5) by striking the last sentence of section 3 (as designated by paragraph (2));
(6) by inserting before section 3 (as designated by paragraph (2)) the following: ``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Secretary.--The term `Secretary' means the Secretary of the Interior.
``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of North Carolina or the Lumbee Indians of North Carolina.''; and
(7) by adding at the end the following: ``SEC. 4. FEDERAL RECOGNITION.
``(a) In General.--Federal recognition is extended to the Tribe (as designated as petitioner number 65 by the Office of Federal Acknowledgment).
``(b) Applicability of Laws.--All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Tribe and its members.
``(c) Petition for Acknowledgment.--Notwithstanding section 3, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe (as determined under section 5(d)) may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence. ``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
``(a) In General.--The Tribe and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes.
``(b) Service Area.--For the purpose of the delivery of Federal services and benefits described in subsection (a), 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.
``(c) Determination of Needs.--On verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall--
``(1) develop, in consultation with the Tribe, a determination of needs to provide the services for which members of the Tribe are eligible; and
``(2) after the tribal roll is verified, each submit to Congress a written statement of those needs.
``(d) Tribal Roll.--
``(1) In general.--For purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Tribe.
``(2) Verification limitation and deadline.--The verification by the Secretary under paragraph (1) shall--
``(A) be limited to confirming documentary proof of compliance with the membership criteria set out in the constitution of the Tribe adopted on November 16, 2001; and
``(B) be completed not later than 2 years after the submission of a digitized roll with supporting documentary proof by the Tribe to the Secretary. ``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
``(a) In General.--Notwithstanding any other provision of law, the Secretary is hereby authorized to take land into trust for the benefit of the Tribe.
``(b) Treatment of Certain Land.--An application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an `on reservation' trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation). ``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
``(a) In General.--With respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Tribe, or any dependent Indian community of the Tribe, the State of North Carolina shall exercise jurisdiction over--
``(1) all criminal offenses that are committed; and
``(2) all civil actions that arise.
``(b) Transfer of Jurisdiction.--
``(1) In general.--Subject to paragraph (2), the Secretary 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 subsection (a) over Indian country occupied by the Tribe pursuant to an agreement between the Tribe and the State of North Carolina.
``(2) Restriction.--A transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph.
``(c) Effect.--Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are necessary to carry out this Act. ``SEC. 9. SHORT TITLE.
``This Act may be cited as the `Lumbee Tribe of North Carolina Recognition Act'.''.
H.R. 1964, the Lumbee Recognition Act, introduced by our colleague from North Carolina, Mr. Butterfield, will finally extend recognition to the Lumbee Tribe of North Carolina.
The Lumbee Tribe resides primarily in Robeson, Hoke, Cumberland, and Scotland Counties of that State and has approximately 60,000 members. That means it is the largest Tribe in North Carolina, the largest Tribe east of the Mississippi River, and the ninth largest Tribe in America.
In 1885, this Tribe was recognized by the State of North Carolina. It then sought Federal recognition from the United States in 1889, and they have been seeking that recognition ever since.
Over the past 130 years, numerous bills have been introduced in Congress to federally recognize the Lumbee people, resulting in a record of hearing transcripts and committee reports. In addition, numerous academic studies have been undertaken on Lumbee ancestry, and reports have been requested and filed by the Department of the Interior on the Tribe's validity.
All of these documents consistently conclude one thing: The Lumbee people are indeed a distinct, self-governing Indian community that has been continuously and undeniably present in the Robeson County area.
In 1955, the Lumbee Tribe sought Federal recognition. Unfortunately, this was during the era known as the termination era, when the United States sought to terminate relationships with Tribal governments and force the assimilation of indigenous people into mainstream American society.
To that end, the Department of the Interior recommended that Congress amend the legislation to deny eligibility for the benefits and services available to the Tribe recognized under the bill.
Congress then enacted this amended legislation in 1956, giving it the dubious effect of simultaneously federally recognizing the Lumbee Tribe and then effectively terminating that recognition.
In 1987, the Lumbee Tribe again attempted to restore their Federal recognition, this time through the newly created Federal acknowledgment process at Interior. However, the Department determined that the Tribe was ineligible to participate in that process because Congress, pursuant to that 1956 act, had terminated the relationship with the Tribe and, therefore, only Congress could restore the relationship. That is exactly what enactment of this bill will accomplish.
Federal recognition is the formal establishment of a government-to- government relationship between the United States and a Tribal nation. Its importance to Tribes cannot be overstated.
Federal recognition allows a Tribe to establish a homeland and to put land into trust to protect future generations. This, in turn, allows the Tribe to manage its own resources and gives them control over local jurisdiction and taxation issues.
Recognition also entitles Tribal people to distinctive benefits, including eligibility to participate in many Federal programs, including healthcare and education.
That is why enactment of this bill is so vital to the Lumbee people and why they have been seeking Federal recognition for so very long.
Other Tribes that were terminated by congressional action have come before Congress, and they have had their relationship reestablished through legislation. It is finally time that we act on that prerogative and extend Federal recognition to the Lumbee Tribe.
Mr. Speaker, I thank Representative Butterfield for being a champion of this bipartisan legislation, and I urge its quick adoption.
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Mr. HUFFMAN. Mr. Speaker, I include in the Record an email from the CBO. While we do not have an official CBO score, we do have this email today confirming that the bill will not affect direct spending or revenues. From: Jon Sperl Sent: Monday, November 16, 2020 12:06 PM To: Lim, Sarah Cc: Urbina, Luis Subject: RE: HR 1964 (Lumbee Recognition)
Morning Sarah: My manager has informed me that she won't be able to get to the Lumbee bill today.
For your purposes: HR 1964 would increase discretionary spending. The legislation would not affect direct spending or revenues. Cheers, Jon.
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Mr. HUFFMAN. Mr. Speaker, I request an ``aye'' vote, and I yield back the balance of my time.
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