S.420 - Lumbee Recognition Act108th Congress (2003-2004)
Summary: S.420 — 108th Congress (2003-2004)
Reported to Senate amended (11/25/2003)
Lumbee Recognition Act - (Sec. 3) Amends Federal law to extend Federal recognition to the Lumbee Tribe of North Carolina.
Allows any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe as determined under this Act, to petition under 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 members of a federally recognized Indian tribe.
Deems members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina to be residing on or near an Indian reservation for purposes of the delivery of such services.
Requires, on verification by the Secretary of the Interior (Secretary), of a tribal roll under this Act, the Secretary and the Secretary of Health and Human Services to develop a determination of needs and budget to provide the services to which members of the Tribe are eligible.
Requires: (1) the Secretaries to each submit a written statement of those needs and a budget; and (2) the first budget request to be submitted to Congress after the fiscal year in which the tribal roll is verified.
States that, for purposes of the delivery of Federal services, the tribal roll in effect on the enactment of this Act shall, subject to verification by the Secretary, define the service population of the Tribe.
Limits the Secretary's verification to confirming compliance with the membership criteria set out in the Tribe's constitution adopted on November 11, 2000, which verification shall be completed within one year after the enactment of this Act.
Declares that fee land the Tribe seeks to convey to the United States to be held in trust shall be treated by the Secretary as on-reservation trust acquisitions under the Code of Federal Regulations, if the land is located within Robeson County, North Carolina.
Grants North Carolina jurisdiction over all criminal offenses that are committed on, and all civil actions that arise on, land located within such State that is owned by, or held in trust by the United States for the Tribe, or any dependent Indian community of the Tribe.
Authorizes the Secretary to accept, on behalf of the United States, any transfer by North Carolina to the United States of any portion of the jurisdiction of such State under an agreement between the Tribe and North Carolina.
Provides that such transfer shall not take effect until two years after the effective date of the agreement.
States that this Act shall not affect the application of the Indian Child Welfare Act of 1978 (regarding agreements between States and Indian tribes respecting care and custody of Indian children and jurisdiction over child custody proceedings).