[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 474 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 474
To amend the Lumbee Act of 1956.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2025
Mr. Rouzer (for himself, Mr. Harris of North Carolina, Mr. Hudson, Mrs.
Foushee, Mr. Murphy, Ms. Ross, Mr. Davis of North Carolina, Mr.
McDowell, and Mr. Moore of North Carolina) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Lumbee Act of 1956.
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 Fairness 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:
``SEC. 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).''.
<all>