To provide for the recognition of the Lumbee Tribe of Cheraw Indians of North Carolina, and for other purposes.
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.
Committee on Indian Affairs. Hearings held.
Motion to reconsider laid on the table Agreed to without objection.
Considered under the provisions of rule H. Res. 225.
Rule provides for consideration of H.R. 1426 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. All points of order against consideration of the bill for failure to comply with the provisions of clause 2(l)(6) of rule XI are waived. Measure will be read by section. Bill is open to amendments.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 225 and Rule XXIII.
The Speaker designated the Honorable Gerald D. Kleczka to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1426.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 263 - 154 (Roll no. 282).
Roll Call #282 (House)checking server…
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On passage Passed by the Yeas and Nays: 263 - 154 (Roll no. 282).
Roll Call #282 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Ordered to be reported without amendment favorably.
Committee on Indian Affairs. Reported to Senate by Senator Inouye without amendment. With written report No. 102-251.
Committee on Indian Affairs. Reported to Senate by Senator Inouye without amendment. With written report No. 102-251.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 384.
Motion to proceed to consideration of measure made in Senate.
Cloture motion on the motion to proceed presented in Senate.
Motion to proceed to consideration of measure withdrawn in Senate.
Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 58-39. Record Vote No: 35.
Roll Call #35 (Senate)