S107119th CongressWALLET

Lumbee Fairness Act

Sponsored By: Senator Thomas Tillis

Introduced

Summary

Extends federal recognition to the Lumbee Tribe. The bill restructures the Lumbee Act of 1956 to add definitions, a new recognition framework, and rules for services, land into trust, and jurisdiction.

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  • Tribal members and families become eligible for all federal services for recognized tribes. Members living in Robeson, Cumberland, Hoke, and Scotland counties are treated as residing on or near a reservation for service delivery.
  • The Secretary of the Interior may take land into trust for the Tribe. Land in Robeson County taken into trust is treated as an on-reservation trust acquisition under 25 C.F.R. part 151.
  • North Carolina retains criminal and civil jurisdiction over Tribal trust land in the State. The State may transfer jurisdiction to the United States by agreement, with a two year waiting period before the transfer takes effect.
  • Groups of Indians in Robeson and adjoining counties who are not enrolled may petition for federal acknowledgment under 25 C.F.R. part 83.
  • After verification of a tribal roll, the Secretary and the Secretary of Health and Human Services must consult with the Tribe and submit to Congress a written determination of needs for services.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Federal recognition and services for Lumbee

If enacted, this bill would extend federal recognition to the Lumbee Tribe and its members. People on the Tribe's roll at enactment would define who gets federal Indian services, subject to verification. Verification would be limited to documentary proof that members meet the Tribe's constitution rules adopted November 16, 2001. The Secretary must finish verification no later than two years after the Tribe submits a digitized roll with supporting proof. After verification, the Interior and HHS Secretaries would consult the Tribe and report service needs to Congress. Members living in Robeson, Cumberland, Hoke, and Scotland counties would be treated as living on or near a reservation for federal service delivery.

Land trust and state jurisdiction

If enacted, the Secretary could take land into trust for the Lumbee Tribe. Land in Robeson County taken into trust would be treated as on-reservation for trust rules. For land in North Carolina held for the Tribe or a dependent Indian community, the State of North Carolina would exercise criminal and civil jurisdiction. The Secretary may accept a transfer of that jurisdiction to the United States only after consulting the U.S. Attorney General. Any transfer would not take effect until two years after the agreement's effective date.

Child-welfare rules preserved for Lumbee

If enacted, nothing in the bill's jurisdiction provisions would change how section 109 of the Indian Child Welfare Act works. Current ICWA protections and procedures covered by that section would continue to apply when the law takes effect.

Right to seek federal recognition

If enacted, groups of Indians in Robeson and nearby counties whose members are not enrolled in the Lumbee Tribe could petition for federal acknowledgment under the usual rules in part 83 of title 25. This only applies if the group's members are not enrolled under the Lumbee tribal roll as determined by the bill's verification rules. The petition process would follow the existing federal acknowledgment regulations.

Sponsors & CoSponsors

Sponsor

Thomas Tillis

NC • R

Cosponsors

  • Ted Budd

    NC • R

    Sponsored 1/16/2025

  • Timothy Kaine

    VA • D

    Sponsored 1/23/2025

  • Mark Warner

    VA • D

    Sponsored 1/23/2025

  • Maggie Hassan

    NH • D

    Sponsored 1/24/2025

  • Jeanne Shaheen

    NH • D

    Sponsored 1/28/2025

  • Shelley Capito

    WV • R

    Sponsored 2/3/2025

  • Lindsey Graham

    SC • R

    Sponsored 2/5/2025

  • Markwayne Mullin

    OK • R

    Sponsored 2/18/2025

  • Cory Booker

    NJ • D

    Sponsored 2/18/2025

  • Richard Blumenthal

    CT • D

    Sponsored 2/18/2025

  • Chris Van Hollen

    MD • D

    Sponsored 2/18/2025

  • Christopher Coons

    DE • D

    Sponsored 3/3/2025

  • Christopher Murphy

    CT • D

    Sponsored 3/5/2025

  • Lisa Blunt Rochester

    DE • D

    Sponsored 3/25/2025

  • Edward Markey

    MA • D

    Sponsored 4/29/2025

  • Mazie Hirono

    HI • D

    Sponsored 5/8/2025

  • Tammy Baldwin

    WI • D

    Sponsored 5/8/2025

  • Brian Schatz

    HI • D

    Sponsored 6/30/2025

  • Angela Alsobrooks

    MD • D

    Sponsored 7/30/2025

  • Andy Kim

    NJ • D

    Sponsored 10/7/2025

Roll Call Votes

No roll call votes available for this bill.

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