Lumbee Fairness Act
The Lumbee Fairness Act would overhaul the Lumbee Act of 1956 to grant federal recognition to the Lumbee Tribe of North Carolina (designated as petitioner number 65 by the Office of Federal Acknowledgment). It creates a formal framework for recognizing the tribe, applying federal Indian laws to the tribe and its members, and delivering federal services. The bill also opens a pathway for other Robeson County groups to seek acknowledgment, allows the Secretary of the Interior to take land into trust for the Tribe (including land in Robeson County treated as “on reservation”), and introduces jurisdictional provisions with North Carolina that could shift certain criminal and civil authorities to federal oversight on tribal lands after an agreement with the state. Finally, it establishes membership verification and a service-need process tied to a verified tribal roll. In short, if enacted, the bill would establish full federal recognition and service eligibility for the Lumbee Tribe, enable land held in trust, define service areas and membership verification, and reshape jurisdiction between the state and federal governments for tribal lands in North Carolina.
Key Points
- 1Federal recognition and applicability of federal Indian laws: The bill grants federal recognition to the Lumbee Tribe (as petitioner number 65) and makes all general federal Indian laws applicable to the Tribe and its members.
- 2Eligibility for federal services and service area: The Tribe and its members would be eligible for all federal services, with residents in Robeson, Cumberland, Hoke, and Scotland counties treated as residing on or near an Indian reservation for service purposes.
- 3Tribal roll verification and membership standards: The existing tribal roll (as of the bill’s enactment) would define the service population, but verification by the Secretary would confirm compliance with the Tribe’s 2001 membership criteria. Verification must be completed within two years after the Tribe submits a digitized roll with supporting documentation.
- 4Land into trust: The Secretary would be authorized to take land into trust for the Tribe, with Robeson County land treated as an “on reservation” trust acquisition under 25 CFR Part 151 (or its successor).
- 5State jurisdiction and possible transfer: North Carolina would continue to have jurisdiction over criminal and civil matters on tribal lands, but the Secretary could, after an agreement with the state, accept a transfer of jurisdiction to the United States. Such a transfer would not take effect until two years after the agreement’s effective date, preserving a transition period.