Summary: H.R.1426 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (09/26/1991)

Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of Cheraw Indians of North Carolina.

Authorizes any group of Indians in Robeson or adjoining counties, North Carolina, whose members are not enrolled in the Tribe to petition under specified provisions of the Code of Federal Regulations for acknowledgment of tribal existence.

Makes the Tribe and its members eligible for all services and benefits provided to Indians because of their status as federally recognized Indians, except that members of the Tribe shall not be entitled to such services until funds have been appropriated for such purposes. Deems members of the Tribe residing in Robeson and adjoining counties to be resident on or near an Indian reservation for purposes of the delivery of such services.

Directs the Secretary of the Interior (the Secretary) and the Secretary of Health and Human Services: (1) upon verification of a tribal roll, to develop a determination of needs and a budget required to provide services to eligible members of the Tribe; and (2) to submit a written statement of such needs and budget with the first budget request submitted to the Congress after the fiscal year in which the tribal roll is verified.

Authorizes the Tribe to plan and administer programs under Federal provisions pursuant to an annual written funding agreement between the Tribe and the Secretaries (in lieu of authority provided under the Indian Self-Determination and Education Assistance Act) specifying: (1) the services to be provided, and procedures for modifying budget allocations, within any fiscal year; and (2) the responsibility of the Secretary for, and procedure to be used in, auditing the expenditures of the Tribe.

Directs the Lumbee Tribe to organize for its common welfare and to adopt a constitution and bylaws. Directs the Secretary to assist the Tribe in the drafting of a constitution and bylaws, the conduct of an election with respect to such constitution, and the reorganization of the Government of the Tribe under any such constitution and bylaws.

Declares that, until the Tribe adopts a constitution, the membership of the Tribe shall consist (with certain exceptions and subject to review by the Secretary) of every individual who is named in the tribal membership roll that is in effect on the date of enactment of this Act.

Requires the State of North Carolina to exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on specified tribal lands in North Carolina. Makes such Tribe eligible for certain agricultural loans to acquire land within reservations with respect to lands within the exterior boundaries of Robeson and adjoining counties, North Carolina.

Authorizes appropriations, but requires submission of proposals by the Tribe to specified congressional committees prior to any expenditure of such funds by the Tribe.