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108th CONGRESS
1st Session
H. R. 1408
To provide for the consideration of a petition for Federal Recognition
of the Lumbee Indians of Robeson and adjoining counties, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
March 20, 2003
Mr. Taylor of North Carolina (for himself, Mr. Carson of Oklahoma, and
Mr. Jones of North Carolina) introduced the following bill; which was
referred to the Committee on Resources
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A BILL
To provide for the consideration of a petition for Federal Recognition
of the Lumbee Indians of Robeson and adjoining counties, 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. AUTHORITY TO PETITION FOR FEDERAL RECOGNITION.
(a) Consideration of Lumbee Petition.--The Act of June 7, 1956 (70
Stat. 254), shall not be construed to constitute a bar to the
consideration by the Secretary of the Interior of a petition of a group
or organization representing the Lumbee Indians of Robeson and
adjoining counties of North Carolina.
(b) Consideration of Other Petitions.--The Act of June 7, 1956,
shall not be construed to constitute a bar to the consideration by the
Secretary of a petition of a group or organization representing any
Indians in Robeson or any other county of North Carolina other than the
Lumbee Indians.
(c) Recognized Groups.--The Act of June 7, 1956, shall not be
construed to operate to deny any group or organization whose petition
is approved by the Secretary on or after the date of the enactment of
this Act any of the special programs or services provided by the United
States to Indian tribes and their members because of their status as
Indians.
SEC. 2. CONSIDERATION OF PETITION REQUESTING RECOGNITION AS AN INDIAN
TRIBE.
(a) Proposed Finding.--The Assistant Secretary of the Interior for
Indian Affairs shall publish a proposed finding with respect to the
petition for Federal recognition as an Indian tribe by the Secretary of
the Interior pursuant to part 83 of title 25, Code of Federal
Regulations, submitted by the Lumbee Regional Development Association
on December 17, 1987, and subsequently supplemented, not later than 18
months after the date on which the petitioner has fully responded to
the notice of obvious deficiencies regarding that petition.
(b) Number of Members Not a Factor.--The number of persons listed
on the membership roll contained in the petition referred to in
subsection (a) shall not be taken into account in considering such
petition except that the Assistant Secretary may review the eligibility
of individual members or groups listed in such petition in accordance
with the provisions of part 83 of title 25, Code of Federal
Regulations.
(c) Review.--(1) If the Assistant Secretary fails to publish the
proposed finding referred to in subsection (a) within the 18-month
period referred to in such subsection, the petitioner may treat such
failure as final agency action refusing to recognize the petitioner as
an Indian tribe and seek in Federal district court a determination of
whether the petitioner should be recognized as an Indian tribe in
accordance with the criteria specified in section 83.7 of title 25,
Code of Federal Regulations.
(2) If the Assistant Secretary publishes a final decision refusing
to recognize the Indians seeking recognition under the petition
referred to in subsection (a), the petitioner may, not later than one
year after the date on which the final decision is published, seek in
Federal district court a review of the decision, notwithstanding the
availability of other administrative remedies.
SEC. 3. CRIMINAL AND CIVIL JURISDICTION.
(a) State.--In the event that an Indian tribe is recognized
pursuant to the petition referred to in section 2(a), the State of
North Carolina shall exercise jurisdiction over all criminal offenses
that are committed and all civil causes of action that arise, on lands
located within the State that are owned by, or held in trust by the
United States for, such tribe or any member of such tribe, or on lands
within any dependent community of such tribe, to the same extent that
the State has jurisdiction over any such offense committed elsewhere in
the State or over other civil causes of action.
(b) Transfer to the United States.--The Secretary may accept on
behalf of the United States, after consultation 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 described in subsection (a).
SEC. 4. NO DELAY FOR PETITIONS AWAITING ACTIVE CONSIDERATION.
It is the sense of the Congress that the review of the petition
referred to in section 2(a) should not unnecessarily delay the review
of the pending fully documented petitions for recognition as an Indian
tribe awaiting active consideration as of the date of enactment of this
Act.
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