Sec. 8803. Lumbee Fairness Act

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This section may be cited as the . Lumbee Fairness Act The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended— by striking section 2; in the first sentence of the first section, by striking That the Indians and inserting the following: The Indians ; in the preamble— by inserting before the first undesignated clause the following: Congress finds that— ; by designating the undesignated clauses as paragraphs

(1)through (4), respectively, and indenting appropriately; by striking Whereas each place it appears; by striking and after the semicolon at the end of each of paragraphs

(1)and

(2)(as so designated); and in paragraph

(4)(as so designated), by striking : Now, therefore, and inserting a period; by moving the enacting clause so as to appear before section 1 (as so designated); by striking the last sentence of section 3 (as designated by paragraph (2)); by inserting before section 3 (as designated by paragraph (2)) the following: In this Act: The term claim means any claim that has been asserted or could have been asserted by the Lumbee Tribe of North Carolina or any member relating to a right, title, or interest in property, to trespass or property damages, or hunting, fishing, or other rights to natural resources, subject to the condition that the claim is based on aboriginal title, recognized title, or title by grant, patent, or treaty. The term federally recognized Indian tribe means any Indian tribe included on the most recent list published by the Secretary under section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ). The term member means any individual enrolled as a member of the Lumbee Tribe of North Carolina— as of the date of enactment of the Lumbee Fairness Act ; and after that date of enactment. The term Secretary means the Secretary of the Interior. ; and by adding at the end the following: Federal recognition is extended to the Lumbee Tribe of North Carolina. Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and federally recognized Indian tribes, including the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq. ), shall apply to the Lumbee Tribe of North Carolina and its members. The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes when— the Secretary and the Secretary of Health and Human Services has developed a determination of needs under section subsection (c); and the Secretary has completed the verification of the tribal roll under subsection (d)(1). For the purpose of the delivery of Federal services and benefits described in subsection (a), members residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina shall be deemed to be residing on or near an Indian reservation. On verification by the Secretary of a tribal roll under subsection (d)(1), the Secretary 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 for which members are eligible; and in the first fiscal year following the date on which the tribal roll is verified, each submit to Congress a written statement of those needs, which shall be included in the materials submitted to Congress in support of the President's budget submitted pursuant to section 1105 of title 31, United States Code, for that fiscal year. As a condition of receiving Federal services and benefits described in subsection (a), the Lumbee Tribe of North Carolina shall submit to the Secretary the tribal roll in effect on the date of enactment of this section, which shall be verified by the Secretary in accordance with paragraph (2). The verification by the Secretary under paragraph

(1)shall be— limited to confirming the presence of documentary proof of compliance with the membership criteria described in the constitution of the Lumbee Tribe of North Carolina adopted on November 16, 2001; and completed not later than 2 years after the submission of a digitized roll with supporting documentary proof by the Lumbee Tribe of North Carolina to the Secretary. Nothing in this section prevents the Lumbee Tribe of North Carolina from changing its tribal roll or membership qualifications after the date of enactment of this section. The Secretary is authorized to take land into trust for the benefit of the Lumbee Tribe of North Carolina, if such land is located within the boundaries of Robeson, Cumberland, Hoke, or Scotland Counties in North Carolina. An application to take into trust land located within Robeson County in 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). Any claim accruing before the date of enactment of this section against the United States shall first be authorized by an Act of Congress. 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 Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina, the State of North Carolina shall exercise jurisdiction over— all criminal offenses that are committed; and all civil actions that arise. Pursuant to section 403 of the Civil Rights Act of 1968 ( 25 U.S.C. 1323 ), and 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 Lumbee Tribe of North Carolina pursuant to an agreement between the Lumbee Tribe of North Carolina and the State of North Carolina. 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. Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 ). Except as provided in subsections

(b)and (c)— the delivery of services to the Lumbee Tribe of North Carolina or its members shall not occur before the third fiscal year following the date of enactment of this section; but that delay in the delivery of services shall not extend beyond 3 fiscal years following that date of enactment. The Lumbee Tribe of North Carolina shall be eligible for funding provided by the Department of the Interior and the Department of Human Services that is only available to newly federally recognized and restored Indian tribes. Nothing in this section affects the level of funding or services being delivered by any Federal agency to the Lumbee Tribe of North Carolina on or before the date of enactment of this section. .

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