Overview

Title

To amend the Lumbee Act of 1956.

ELI5 AI

This bill is about making sure the Lumbee Tribe, a group of Native Americans from North Carolina, is officially recognized by the government so they can get special benefits and services just like other recognized tribes. It also talks about how the tribe can have land set aside for them and how they will work together with the state of North Carolina.

Summary AI

H.R. 474, also known as the "Lumbee Fairness Act," proposes amendments to the Lumbee Act of 1956 to grant federal recognition to the Lumbee Tribe of North Carolina. This bill would make the Tribe and its members eligible for federal services and benefits provided to recognized Indian tribes. Additionally, it grants the Secretary of the Interior the authority to take land into trust for the Tribe and outlines the jurisdictional relationship between the Tribe and the State of North Carolina regarding land-related issues. The bill aims to address issues of tribal recognition and support for the Lumbee Indians.

Published

2025-01-16
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-01-16
Package ID: BILLS-119hr474ih

Bill Statistics

Size

Sections:
9
Words:
1,319
Pages:
6
Sentences:
33

Language

Nouns: 370
Verbs: 83
Adjectives: 38
Adverbs: 15
Numbers: 64
Entities: 144

Complexity

Average Token Length:
3.85
Average Sentence Length:
39.97
Token Entropy:
4.84
Readability (ARI):
19.86

AnalysisAI

General Summary of the Bill

The bill under consideration, H.R. 474, aims to amend the Lumbee Act of 1956 to extend federal recognition to the Lumbee Tribe of North Carolina. This proposed legislation includes provisions for eligibility for federal services and benefits typically afforded to recognized Native American tribes. It also authorizes the Secretary of the Interior to take land into trust for the tribe and delineates jurisdictional matters involving the State of North Carolina. Federal recognition implies that the Lumbee Tribe would gain access to various federal programs and aid, enhancing its autonomy and support systems.

Summary of Significant Issues

Several issues have been identified within the bill that may warrant further clarification or amendment:

  1. Ambiguity in the 'Short Title': The short title "Lumbee Fairness Act" could lead to confusion as it lacks a clear indication of the bill's content or objectives.

  2. Undefined Cost Implications: The bill does not specify the financial implications of granting federal recognition to the Lumbee Tribe, leaving room for potential unexpected financial commitments.

  3. Trust Land Acquisition: Section 6 authorizing the acquisition of land into trust lacks specified criteria or limitations, raising concerns about possible misuse or overreaching in land acquisitions.

  4. Verification Criteria: The process and criteria for verifying tribal membership eligibility and service population are not detailed, which may result in ambiguity or delays.

  5. Language Clarity in Jurisdictional Transfer: The procedures and stakeholders involved in transferring jurisdictional authority are not well-defined, potentially causing implementation issues due to interpretative difficulties.

Impact on the Public

If enacted, the bill could have a range of impacts on the public and specific communities. Broadly, the bill's potential to enhance the infrastructure and resources available to the Lumbee Tribe could lead to improved living conditions and greater self-determination for tribe members. For the general public, the extension of federal recognition to another tribe reinforces support for Indigenous communities in adhering to federal commitments. However, potential burden for taxpayers could arise if the financial implications and revenue sources are not elucidated.

Impact on Specific Stakeholders

Lumbee Tribe and Its Members: For the Lumbee Tribe, federal recognition is a considerable positive outcome, offering access to federal resources and services, which could lead to improved education, healthcare, and economic opportunities. It also affirms their status as a recognized Native American tribe, which is symbolically significant.

State of North Carolina: The bill mandates federal intervention in jurisdictional matters traditionally handled by the state, potentially causing tension or requiring adjustments in administrative procedures. The delay in jurisdiction transfer described in the bill could contribute to policy and operational uncertainty.

Federal Government: The federal government must ensure adequate infrastructural adjustments and budget planning to meet the obligations extended to the Lumbee Tribe. Proper implementation and monitoring mechanisms should be established to limit the potential for misuse of trust lands and maintain accountability.

Conclusion

While the bill holds promise for the Lumbee Tribe, offering long-sought recognition and federal assistance, careful consideration and clarification of the noted issues are essential. Addressing these concerns will ensure the efficacy and fairness of the bill's implementation, benefiting not only the Lumbee Tribe but also adhering to broader public interest and government responsibilities. The bill seeks to correct historical inequities faced by the Lumbee, aligning with broader efforts towards justice and acknowledgment for Native American communities.

Issues

  • The section titled 'Short title' does not provide any details or context about what the 'Lumbee Fairness Act' entails, leading to potential ambiguity (Section 1).

  • The bill does not specify a budget or cost implications for the federal recognition of the Lumbee Tribe, which might result in undefined or unexpected financial commitments (Section 2).

  • Section 6 authorizes the Secretary to take land into trust without specifying criteria or limitations, potentially leading to excessive or unnecessary land acquisitions (Section 6).

  • The criteria for 'verification by the Secretary' are not detailed, which might lead to ambiguity in determining compliance with membership criteria, and there is no specified recourse if the deadline is missed (Section 5).

  • The term 'Tribe' is used but not clearly defined in the text, potentially leading to ambiguity about which group is being referred to (Section 4).

  • Language regarding jurisdiction transfer may be unclear, particularly the roles of the Secretary, Attorney General, and the process for consultation, which could create confusion during implementation (Section 7).

  • The reference to 'petitioner number 65 by the Office of Federal Acknowledgment' may not be understandable to those without specific knowledge of the agency's records or systems (Section 4).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act states that it can be officially referred to as the "Lumbee Fairness Act."

2. Federal recognition Read Opens in new tab

Summary AI

The text outlines amendments to a 1956 law regarding the Lumbee Indians of North Carolina, providing them with federal recognition and eligibility for federal services and benefits. It authorizes the Secretary of the Interior to take land into trust for the tribe, addresses jurisdictional matters with the State of North Carolina, and sets guidelines for verifying tribal membership.

3. Designation of Lumbee Indians Read Opens in new tab

Summary AI

The section refers to the official recognition of the Lumbee Indians by the United States.

1. Findings Read Opens in new tab

Summary AI

Congress has made specific findings, but the details of these findings are not specified in the provided text.

2. Definitions Read Opens in new tab

Summary AI

In this section of the bill, the term "Secretary" is defined as the Secretary of the Interior, and the term "Tribe" refers to the Lumbee Tribe of North Carolina or the Lumbee Indians of North Carolina.

4. Federal recognition Read Opens in new tab

Summary AI

Federal recognition is granted to the Tribe labeled as petitioner number 65 by the Office of Federal Acknowledgment. Additionally, all U.S. laws that generally apply to Indian tribes will apply to this Tribe and its members. In certain North Carolina areas, Indian groups not enrolled in this Tribe may seek acknowledgment of their tribal existence under specific federal regulations.

5. Eligibility for Federal services Read Opens in new tab

Summary AI

The section outlines that the Tribe and its members are eligible for federal services and benefits typically available to federally recognized Indian tribes. It specifies that members of the Tribe living in certain counties in North Carolina will be treated as if they're residing on or near an Indian reservation, and it sets procedures for determining service needs and verifying the tribal roll to define the Tribe's service population.

6. Authorization to take land into trust Read Opens in new tab

Summary AI

The Secretary of the Interior is allowed to take land into trust for the Tribe's benefit, even if other laws might say otherwise. Additionally, if the land in question is in Robeson County, North Carolina, it should be treated as if it is on the reservation according to specific federal regulations.

7. Jurisdiction of State of North Carolina Read Opens in new tab

Summary AI

The State of North Carolina can oversee criminal offenses and civil actions on land within the state that's held by the federal government for the benefit of a Tribe or Indian community. The Secretary of the United States can accept jurisdiction from the state over this land, but the changes in authority won't happen until two years after an agreement with the Tribe and the state is made. This section doesn't change how certain rules from the Indian Child Welfare Act apply.