Lumbee Recognition
The Lumbee are the present-day descendants of the Cheraw Tribe and have
continuously existed in and around Robeson County since the early part
of the eighteenth century. (Note: A brief timeline of Lumbee history can
be found by clicking here.)
In 1885, the tribe was recognized as Indian by the State of North Carolina.
The tribe has sought full federal recognition from the United States Government
since 1888. In 1956, Congress passed the Lumbee
Act, which recognized the tribe as Indian. However, the Act withheld
the full benefits of federal recognition from the tribe. Efforts are currently
underway to pass federal legislation that grants full recognition to the
Lumbee Tribe of North Carolina. The following sections detail the Lumbee
Tribe's history, origins, religion, language, and education, as well as
studies and efforts for federal recognition.
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Federally Commissioned Reports
In the last century, there were numerous federally commissioned studies
conducted by anthropologists, ethnologists, and historians regarding the
Lumbee tribe.
In 1912, legislation was introduced to the Senate to establish a school
for the tribe. When the bill was sent to committee, the committee requested
information from the Department of the Interior. The Indian Office sent
Charles F. Pierce, the Supervisor of Indian Schools, to Robeson County
to conduct a study of the tribe. Pierce reported that the state and county
were providing funds to educate the 1,976 school-age Indian children.
He also stated in his report that "…one would readily class
a large majority [of the Lumbee] as being at least three-fourths Indian".
On April 28, 1914, the Senate called for an investigation into the status
and conditions of the Indians of Robeson and adjoining counties. The Indian
Office sent Special Indian Agent O.M. McPherson to the county to obtain
information regarding the educational system of the tribe. In his report,
submitted to the Senate on January 4, 1915, he wrote:
While these Indians are essentially an agricultural people, I believe
them to be as capable of learning the mechanical trades as the average
white youth. The foregoing facts suggest the character of the educational
institution that should be established for them, in case Congress sees
fit to make the necessary appropriation, namely the establishment of
an agricultural and mechanical school, in which domestic science shall
also be taught.
John Reed Swanton, a noted anthropologist-historian, was called upon
in the 1930's to provide his opinion of the origins of the Lumbee tribe.
His opinion was as follows:
The evidence available thus seems to indicate that the Indians of
Robeson County who have been called Croatan and Cherokee are descended
mainly from certain Siouan tribes of which the most prominent were the
Cheraw and Keyauwee, but they probably included as well remnants of
the Eno, and Shakori, and very likely some of the coastal groups such
as the Waccamaw and Cape Fears. It is not improbable that a few families
or small groups of Algonquian or Iroquoian may have cast their lot with
this body of people, but contributions from such sources are relatively
insignificant. Although there is some reason to think that the Keyauwee
tribe actually contributed more blood to the Robeson County Indians
than any other, the name is not widely known, whereas that of the Cheraw
has been familiar to historians, geographers and ethnologists in one
form or another since the time of De Soto and has a firm position in
the cartography of the region. The Cheraws, too, seem to have taken
a leading part in opposing the colonists during and immediately after
the Yamasee uprising. Therefore, if the name of any tribe is to be used
in connection with this body of six or eight thousand people, that of
the Cheraw would, in my opinion, be most appropriate.
In 1935, Indian Agent Fred Baker was sent to Robeson County in response
to a proposed resettlement project for the Lumbee and an attempt to organize
as a tribe under the Indian Reorganization Act of
1934. Baker reported that:
…I find that the sense of racial solidarity is growing stronger
and that the members of this tribe are cooperating more and more with
each other with the object in view of promoting the mutual benefit of
all the members. It is clear to my mind that sooner of later government
action will have to be taken in the name of justice and humanity to
aid them.
D'Arcy McNickle, from the United States Office of Indian Affairs, came
to Robeson County in 1936 to collect affidavits and other data from Lumbee
people registering as Indian under the Indian Reorganization Act of
1934. McNickle stated, "…there are reasons for believing
that until comparatively recently some remnant of language still persisted
among these people".
   
   
Examples of photographs taken during McNickle's visit
In the 1960's, Smithsonian ethnologists Dr. William Sturtevant and Dr.
Samuel Stanley describe the Lumbee as "…larger than any other
Indian group in the United States except the Navajo", and give a
population of 31,380 Lumbee (from North and South Carolina) in 1960.
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Past Efforts
In 1888, the Lumbee Tribe petitioned to Congress for recognition and
assistance. The petition sought federal assistance for the tribe and for
the tribe's schools. The petition was denied due to a lack of funding
by the Commissioner of Indian Affairs.
Draft of the 1888 Petition
A bill to appropriate funds for the education of the tribe's children
was introduced in Congress in 1889. Similar bills were introduced in 1910
and 1911.
In 1913, the Department of the Interior sent Charles F. Pierce, Supervisor
of Indian Schools, to Robeson County to investigate the tribe in response
to legislation introduced in Congress. Pierce opposed federal assistance
to the tribe, but acknowledged their Indian origins. (See Education for more)
In 1914, the Secretary of the Interior was directed by the Senate to
investigate the tribe and report any findings to Congress. Special Indian
Agent O.M. McPherson was appointed to make the trip to Robeson County.
His 252-page report covered the Tribe's history and current situation.
More bills were introduced to Congress in 1924, 1932 and 1933.
Finally, in 1956, Congress passed the Lumbee
Act, which recognized the tribe as Indian. However, the Act withheld
the full benefits of federal recognition from the tribe.
Legislation was introduced to Congress in 1988 to provide full federal
recognition to the tribe. The Congressional Research Service reviewed
the 1956 Act at the request of the Senate Select Committee on Indian Affairs
and concluded the following:
The 1956 Lumbee legislation clearly did not establish entitlement
of the Lumbee Indians for federal services. It also clearly named the
group and denominated them as Indians. Without a court decision squarely
confronting the issue of whether the 1956 statute confers federal recognition
on the Lumbee, there is insufficient documentation to determine if the
statute effects federal recognition of the Lumbees. It is, however,
a step toward recognition and would be a factor that either the Department
of the Interior or a court would have to weigh along with others to
determine whether the Lumbees are entitled to federal recognition.
Again in 1989, bills were introduced in both houses of Congress to grant
full federal recognition to the tribe, but neither were passed.
In the United States House of Representatives, H.R. 898 was introduced
on February 25, 2003, by Congressman Mike McIntyre of North Carolina.
On that same day, it was referred to the Committee on House Resources.
An executive comment was requested from the Department of the Interior
by the committee on March 10, 2003.
The Committee on House Resources held a hearing on H.R. 898 on April 1, 2004.
In the United States Senate, S. 420 was introduced on February 14, 2003,
by Senator Elizabeth Dole of North Carolina. On that same day, it was
referred to the Committee on Indian Affairs.
The Senate Committee on Indian Affairs held a hearing on S.420 on September 17, 2003. On October 29, 2003, the committee held
a business meeting to discuss the bill and voted to move the bill out
of committee so that it may be voted on by the entire Senate.
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Current Efforts
To Be updated soon. ....
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Modern Lumbee Traditions
 Female Lumbee traditional regalia is a Southern style dress worn with pine cone patchwork attached to an apron and a matching shawl. The Pine Cone Patchworkwas inspired by a quilt made by Henry Berry Lowry's daughter, and is distinctly Lumbee in design. The patchwork design was initially created for Natasha Wagner, a former Miss Indian USA by Hayes A. Locklear and has since become a staple in area pow wow's.
Lumbee Homecoming is a tradition among the tribe that has been held annually since 1970. Homecoming is especially important in that it brings together members of families, many from great distances, for a weeklong celebration of Lumbee culture. Festivities include a parade, a pow wow, pageants, and other cultural events.
 The ethnographer Frank Speck researched the use of gourds by Lumbee in the 1930's, and compared their use with that of other American Indian tribes.
Mary Margaret Steedly wrote her Master's thesis in 1979 on thefolk medical system used by a Lumbee healer, Vernon Cooper. She found that Cooper's healing practice combined homeopathy, fundamentalist Christian faith healing, traditional Indian herbal medicine, and some elements of non-Native curing techniques. She also described the system as a unique expression of the tribe's social and cultural setting.
In 1977 and 1978, Edward M. Croom spent 2 years documenting plant remedies among the Lumbee. He interviewed 25 Lumbee elders who learned plant remedies from their family and friends as a normal part of childhood. Croom also compared Lumbee use of medicinal plants to other American Indian cultures and found numerous similarities.
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Origins
The earliest document showing Indian communities in the area of Drowning
Creek is a map prepared by John Herbert, the commissioner of Indian trade
for the Wineau Factory on the Black River, in 1725. Herbert identifies
the four Siouan-speaking communities as the Saraws, Pedee, Scavanos, and
Wacomas. (Note: Drowning Creek is presently known as the Lumber River,
and flows through present-day Robeson County. Many Lumbee people also
know it as the Lumbee River.)
In 1754, it was reported that there was an Indian settlement consisting
of 50 families located on Drowning Creek. That same year, North Carolina
Governor Matthew Rowan proclaimed the county of Anson a "frontier
to the Indians". Drowning Creek formed the border between Anson and
Bladen counties and the settlement was located on the Anson side of the
border. In 1771, a convicted felon by the name of Winsler Driggers was
captured "near Drowning Creek, in the Charraw settlement" (South
Carolina Gazette October 3, 1771). This mention, along with no evidence
that a new settlement was established or the old settlement was abandoned,
confirms that the settlement on Drowning Creek in 1754 was a Cheraw settlement.
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FAQ
What does the term "federally recognized" mean?
Only tribes who maintain a legal relationship with the U.S. government
through binding treaties, acts of Congress, executive orders, etc., are
officially "recognized" by the federal government. Once "recognized"
a tribe has a legal relationship with the United States. There are currently
more than 440 federally recognized tribes in the United States, including
some 200 village groups in Alaska. No treaty exists between the Lumbee
and the United States. Typically, treaties were entered into when a tribe
posed a threat to the United States, or when a tribe possessed minerals
and gold desired by the United States. Because Lumbee lived at peace with
its non-Indian neighbors and did not possess any valuable minerals or
gold, the United States had little reason to treaty with the Lumbee. However,
the United States Congress did enact a law in 1956 which recognized the
Lumbee, while withholding all privileges and benefits normally associated
with recognition.
What does "tribal sovereignty" mean and why is it important
to American Indians?
Tribal sovereignty describes the right of federally recognized tribes
to govern themselves and the existence of a government-to-government relationship
with the United States. Thus, a tribe is not a ward of the government,
but an independent nation with the right to form its own government, adjudicate
legal cases within its borders, levy taxes within its borders, establish
its membership, and decide its own future fate. The federal government
has a trust responsibility to protect tribal lands, assets, resources,
and treaty rights. For purposes of Lumbee, however, the State of North
Carolina will continue civil and criminal jurisdiction over Lumbee. And,
while the Tribe is governed by a Tribal constitution, the Lumbee constitution
court may only hear internal matters that arise from interpretation of
the Lumbee Tribal Constitution.
Do Indians pay taxes?
All Indians are subject to federal income taxes. As sovereign entities,
tribal governments have the power to levy taxes on reservation lands.
Some tribes do and some do not. As a result, Indians and non-Indians may
or may not pay sales taxes on goods and services purchased on the reservation,
depending on the Tribe. However, whenever a member of an Indian tribe
conducts business off the reservation, that person, like everyone else,
pays both state and local taxes. State income tax is not paid on reservation
or trust land. For purposes of Lumbee, Robeson County is deemed the equivalent
of a "reservation" solely for the purpose of qualifying Lumbee
people for Indian Health Services. Robesonians will continue to own and
dispose of their land in the same manner as they presently own and dispose
of land, including the payment of all property taxes.
Do American Indians receive any special rights or benefits from the
U.S. Government?
Contrary to popular belief, Indians to not receive payments from the federal
government simply because they have Indian blood. Funds distributed to
a person of Indian descent may represent mineral lease income on property
that is held in trust by the United States or compensation for lands taken
in connection with governmental projects. Some Indian tribes receive benefits
from the federal government in fulfillment of treaty obligations or for
the extraction of tribal natural resources - a percentage of which may
be distributed as per capita among the tribe's membership. For purposes
of Lumbee, the Lumbee will be eligible for certain federal programs (e.g.
Indian health care, BIA scholarships) that they do not qualify for now
because of the lack of federal recognition.
Can a group be recognized as "Indian" if they have lost
their language?
Absolutely. In fact, there are a number of tribes who have sustained language
loss, and there are even greater numbers of Indian people who no longer
speak their native language.
Why are the Lumbee circumventing the administrative process of the
Bureau of Indian affairs and seeking full deferral acknowledgement directly
from Congress?
The Lumbee Act of 1956 recognizes the Lumbee
as Indian, but does not grant to them the services that other tribes receive
because of their status as Indian. Among the BIA criteria, however, is
that the petitioning group cannot be "subject to congressional legislation
terminating or forbidding the Federal relationship". Because the
1956 Act, in effect, forbids the federal relationship, it precludes the
Lumbee Tribe from utilizing the BIA administrative process to obtain federal
recognition. To correct this problem, however, government officials have
proposed to allow the Lumbee to participate in a dual process. That is,
pass a congressional amendment to the language in the 1956 Act that would
allow the Tribe to still participate in the BIA administrative process.
However, if passed, this dual process would be contrary to the treatment
of other similarly situated tribes. For example, the Ysleta del Sur Pueblo
of Texas and the Pascua Yaqui Tribe of Arizona were subject to very similar
legislation to the 1956 Act. Yet, they were accorded full federal recognition
by special congressional legislation without having to participate in
the BIA administrative process. If the Lumbee are required to go through
the congressional legislative process and the BIA administrative process,
it will be the only tribe in history singled out in this way. Therefore,
to be consistent and fair, the Lumbee must be granted the full benefits
of federal recognition through special congressional legislation.
Is the Lumbee Tribe pursuing federal recognition for the sole purpose
of gaming?
The Lumbee Tribe has been pursuing federal recognition since 1888.
In that petition, the Lumbee requested educational assistance from the
federal government but was denied. Since that time, the Lumbee have petitioned
the federal government several times regarding issues of education and
federal recognition. From 1910 to 1924, at least five separate bills were
introduced in Congress seeking federal recognition of the Tribe. The Tribe
attempted recognition again in 1932 and 1933 when similar bills were submitted
to Congress for consideration. It is clear from the history of the Lumbee
Tribe and their relations with Congress that they seek the simple acknowledgement
of their tribal existence, and the right to self-governance to protect
and preserve the Lumbee way of life.
In addition, the Lumbee Constitution required that any ordinance passed
by the Tribal Council authorizing gaming must be certified for referendum
by the membership of the Lumbee Tribe. Therefore, the Lumbee Tribal Council
itself cannot impose gaming. The history of the Lumbee pursuit of federal
recognition, as well as the language in their Constitution, clearly suggests
that gaming is the least of all motives for the Tribe's pursuit of federal recognition.
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SECTION 1: OFFICIAL SEAL
The seal of the Lumbee Tribe of North Carolina (Lumbee Tribe), which shall be the official seal of the tribal government, shall be used to represent the Lumbee Tribe and the tribal government.
SECTION 2: DESCRIPTION AND MEANING OF THE SEAL
- Description of the Seal
- At the center of the seal shall be a medicine wheel. The medicine wheel shall be divided into quadrants by a horizontal and vertical line. The northeast quadrant shall be red in color, the southeast yellow, the southwest black and the northwest white.
- The outer edge of the medicine wheel shall consist of the Lumbee Pinecone Patchwork. The Pinecone Patchwork consists of three layers of black, red and yellow triangles that represent the pinecones of the Pine, which is the most prevalent and tallest growing tree in the land of the Lumbee. The top layer shall be black triangles, while the second is red triangles and the bottom yellow triangles. The red and yellow layers shall each be slightly rotated in a clockwise direction so as to not be directly beneath the previous layer.
- The medicine wheel shall be encircled by the words “Lumbee Tribe of North Carolina.” The words “Lumbee Tribe” shall be centered above the northwest and northeast quadrants and shall flow in a clockwise direction. The words “Of North Carolina” shall be centered below the southwest and southeast quadrants and shall flow in a counter clockwise direction. The words “Lumbee Tribe” shall be slightly larger than “Of North Carolina.” Two dots, one on each side of the medicine wheel, shall separate the words “Lumbee Tribe” and “Of North Carolina.”
- No other words, figures or embellishments shall appear on the seal.
- Meaning of the Seal
- The circular shape of the tribal seal is symbolic of the circle of life. Along with the circle, the four equal parts and colors of the medicine wheel represent the lifespan of man: birth (red), growth (yellow), maturity (black) and death (white). But, as the circle has no end, so there can be no end to life but only another beginning. In addition, the colors represent the four qualities of a balanced life: the spiritual, the emotional, the physical, and the intellect.
- The colors and their location on the wheel also represent: the four directions: east, south, west and north, the four colors of man: red, yellow, black and white, and the four seasons: spring, summer, fall and winter.
- The Lumbee Pinecone Patchwork surrounding the circle of life represents the pride, power and will of the Lumbee Tribe.
- The circle, the four equal parts with corresponding colors and the Lumbee Pinecone Patchwork come together to form a symbol representative of the Lumbee Tribe.
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Communities
Families are identified by the communities in which they live. Each community
consists of large extended families tied together by marriages. The oldest
adult often heads these families. Decisions were made by the oldest members
of the family. And in times of crisis, these elders came together to make
decisions for the tribe as a whole. Intra-tribal marriages strengthened
ties between families and communities. The 1987 Lumbee Petition described
Lumbee communities as follows:
[They] were linked together by their extensive kinship ties, church
affiliations, their sense of themselves as Indians, and their control
of their educational system, all of which served as a mechanism for
defining tribal membership and maintaining tribal boundaries.
Communities are basically self-governing. One form of self-governance
in the early 1900's was exhibited by a fraternal organization known as
the Red Men's Lodge. By 1914, there were lodges in Prospect, Magnolia,
Pembroke, Saddletree, Oxendine, and Union Chapel. Lodge members maintained
social order, carried out ceremonies, marched in parades, and conducted
funerals. The 1987 Lumbee Petition states that, "[w]ith so many prominent
leaders it is easy to understand how the lodges could maintain order and,
at the same time, protect the tribal members from organized violence from
whites in the area".
Present-day tribal districts preserve longstanding community boundaries.
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Lumbee Way of Life
Mary Norment in 1875 describes a typical Lumbee community as follows:
…[you] leave the public road and take a foot-path leading through
the woods, across branches and swamps, until [reaching] a worn fence
made of pine rails, inclosing a half cleared patch of land containing
three or four acres, in the center of which generally stands the Indian
cabin[s]…A little distanse from the cabin will be found in the
yard a well of water, or rather a hole dug in the ground … A poor,
half-starved fice dog, used for hunting "possums" and "wild
varmints" will generally be found inside of the inclosure …
Two or three acres cleared are ploughed and planted in corn, potatoes,
and rice… The bed is made on the floor (generally a clay floor)
… No division in the cabin … The above picture is true of
a great majority of the Indians…
Winter slaughtering of animals is a tradition among the Lumbee people.
Adolph Dial and David Eliades describe this tradition in "The Only
Land I Know":
For a very long time [Lumbees] have enjoyed hog killings as events
which brought neighbors together for a day of work and fun. Pork was
such an important staple in the local diet that most of the corn grown
prior to World War II was fed to hogs, and most of the hogs were then
butchered for home consumption.
Until comparatively recently, farming was the principal occupation among
the Lumbee. Adolph Dial and David Eliades describe farm life as follows
in "The Only Land I Know":
…[A] daily round of milking, feeding, gathering, and, depending
on the time of the year, of planting, cultivating or harvesting…In
earlier days a typical forty-acre farmer put about half his land in
money crops, such as cotton and tobacco; fifteen acres of corn, two
acres for garden vegetables and a potato patch, and three acres for
hay.
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Who are the Lumbee
The 55,000 members of the Lumbee Tribe of North Carolina reside primarily
in Robeson, Hoke,Cumberland and Scotland counties. The Lumbee Tribe is the largest tribe in North Carolina, the
largest tribe east of the Mississippi River and the ninth largest in the
nation. The Lumbee take their name from the Lumbee
River which winds its way through Robeson County. Pembroke,
North Carolina is the economic, cultural and political center of the
tribe.
The ancestors of the Lumbee were mainly Cheraw and related Siouan-speaking
Indians who have lived in the area of what is now Robeson County since
the 1700s. The Lumbee people have been recognized by the state of North
Carolina since 1885, and at the same time established a separate school
system that would benefit tribal members. In 1887, the state established
the Croatan Normal Indian School, which is today The
University of North Carolina at Pembroke. In 1956 a bill was passed
by the United States Congress which recognized the Lumbee as Indian, but
denied the tribe full status as a federally recognized Indian tribe. Federal
recognition for the tribe is currently being sought through federal legislation.
For more information regarding Lumbee Federal Recognition, click here.
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Lumbee Tribe & BIA
When Congress passed the Lumbee Act in 1956, it recognized the Lumbee as Indian but withheld the full benefits
of federal recognition from the tribe. It also precluded the tribe from
participating in the Bureau of Indian Affairs' (BIA) administrative acknowledgement
process for federal recognition. BIA policy states that the petitioning
group cannot be "subject to congressional legislation terminating
or forbidding the Federal relationship". The Solicitor for the Department
of the Interior concluded that the Act is legislation forbidding/terminating
the federal relationship.
The tribe now has two options to receive federal recognition. First, there
could be a congressional amendment to the Lumbee Act of 1956 that would
allow the tribe to participate in the BIA administrative process for federal
recognition. However, if this avenue is pursued, the Lumbee will be the
only tribe to go through the congressional legislative process as well
as the BIA administrative process. The other option would be special congressional
legislation granting full benefits of federal recognition to the tribe.
The Ysleta del Sur Pueblo of Texas and Pascua Yaqui Tribe of Arizona were
subject to legislation similar to the Lumbee Act and have received federal
recognition through special Congressional legislation
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1956 Act Know as "Lumbee Act"
Whereas many Indians now living in Robeson and adjoining
counties are descendants of that once large and prosperous tribe which
occupied the lands along the Lumbee River at the time of the earliest
white settlements in that section; and
Whereas at the time of their contacts with the colonists,
these Indians were a well-established and distinctive people living in
European-type houses in settled towns and communities, owning slaves and
livestock, tilling the soil, and practicing many of the arts and crafts
of European civilization; and
Whereas by reason of tribal legend, coupled with a distinctive
appearance and manner of speech and the frequent recurrence among them
of family names such as Oxendine, Locklear, Chavis, Drinkwater, Bullard,
Lowery, Sampson, and others, also found on the roster of the earliest
English settlements, these Indians may, with considerable show of reason,
trace their origin to an admixture of colonial blood with certain coastal
tribes of Indians; and
Whereas these people are naturally and understandably proud
of their heritage, and desirous of establishing their social status and
preserving their racial history: Now, therefore,
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That the Indians
now residing in Robeson and adjoining counties of North Carolina, originally
found by the first white settlers on the Lumber River in Robeson County,
and claiming joint descent from remnants of early American colonists and
certain tribes of Indians originally inhabiting the coastal regions of
North Carolina, shall, from and after the ratification of this Act, be
known and designated as Lumbee Indians of North Carolina and shall continue
to enjoy all rights, privileges and immunities enjoyed by them as citizens
under the laws of the State of North Carolina and the United States. Nothing
in this Act shall make such Indians eligible for any services performed
by the United States for Indians because of their status as Indians, and
none of the statutes of the United States which affect Indians because
of their status as Indians shall be applicable to the Lumbee Indians.
The bill was passed by the Senate on May 21, 1956, by
the House on May 24, 1956, and was signed by the President on June 7,
1956.
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Wheeler-Howard Act
The Indian Reorganization Act
An Act to conserve and develop Indian lands and resources;
to extend to Indians the right to form bussiness and other organizations;
to establish a credit system for Indians; to grant certain rights of home
rule to Indians; to provide for vocational education for Indians; and
for other purposes.
BE IT ENACTED by the Senate and House of Representatives
of the United States of America in Congress assembled, That hereafter
no land of any Indian reservation, created or set apart by treaty or agreement
with the Indians, Act of Congress, Executive order, purchase, or otherwise,
shall be allotted in severalty to any Indian.
Sec. 2. The existing periods of trust placed upon any Indian
lands and any restriction on alienation thereof are hereby extended and
continued until otherwise directed by Congress.
Sec. 3. The Secretary of the Interior, if he shall find
it to be in the public interest, is hereby authorized to restore to tribal
ownership the remaining surplus lands of any Indian reservation heretofore
opened, or authorized to be opened, to sale, or any other form of disposal
by Presidential proclamation, or by any of the public land laws of the
United States; Provided, however, That valid rights or claims of any persons
to any lands so withdrawn existing on the date of the withdrawal shall
not be affected by this Act: Provided further, That this section shall
not apply to lands within any reclamation project heretofore authorized
in any Indian reservation:Provided further, That this section shall not
apply to lands within any reclamation project heretofore authorized in
any Indian reservation: Provided further, That the order of the Department
of the interior signed, dated, and approved by Honorable Ray Lyman Wilbur,
as Secretary of the Interior, on October 28, 1932, temporarily withdrawing
lands of the Papago Indian Reservation in Arizona from all forms of mineral
entry or claim under the public land mining laws is hereby revoked and
rescinded, and the lands of the said Papago Indian Reservation are hereby
restored to exploration and location, under the existing mining laws of
the United States, in accordance with the express terms and provisions
declared and set forth in the Executive orders establishing said Papago
Indian Reservation: Provided further, That the damages shall be paid to
the Papago Tribe for loss of any improvements of any land located for
mining in such a sum as may be determined by the Secretary of the Interior
but not exceed the cost of said improvements: Provided further, That a
yearly rental not to exceed five cents per acre shall be paid to the Papago
Indian Tribe: Provided further, That in the event that any person or persons,
partnership, corporation, or association, desires a mineral patent, according
to the mining laws of the United States, he or they shall first deposit
in the treasury of the United States to the credit of the Papago Tribe
the sum of $1.00 per acre in lieu of annual rental, as hereinbefore provided,
to compensate for the loss or occupancy of the lands withdrawn by the
requirements of mining operations: Provided further, That patentee shall
also pay into the Treasury of the United States to the credit of the Papago
Tribe damages for the loss of improvements not heretofore said in such
a sum as may be determined by the Secretary of the Interior, but not to
exceed the cost thereof; the payment of $1.00 per acre for surface use
to be refunded to patentee in the event that the patent is not required.
Nothing herein contained shall restrict the granting or
use of permits for easements or rights-of-way; or ingress or egress over
the lands for all proper and lawful purposes; and nothing contained therein,
except as expressly provided, shall be construed as authority by the Secretary
of the Interior, or any other person, to issue or promulgate a rule or
regulation in conflict with the Executive order of February 1, 1917, creating
the Papago Indian Reservation in Arizona or the Act of February 21, 1931
(46 Stat. 1202).
Sec. 4. Except as herein provided, no sale, devise, gift,
exchange or other transfer of restricted Indian lands or of shares in
the assets of any Indian tribe or corporation organized hereunder, shall
be made or approved: Provided, however, That such lands or interests may,
with the approval of the Secretary of the Interior, be sold, devised,
or otherwise transferred to the Indian tribe in which the lands or shares
are located or from which the shares were derived or to a successor corporation;
and in all instances such lands or interests shall descend or be devised,
in accordance with the then existing laws of the State, or Federal laws
where applicable, in which said lands are located or in which the subject
matter of the corporation is located, to any member of such tribe or of
such corporation or any heirs of such member: Provided further, That the
Secretary of the Interior may authorize voluntary exchanges of lands of
equal value and the voluntary exchange of shares of equal value whenever
such exchange, in his judgement, is expedient and beneficial for or compatible
with the proper consolidation of Indian lands and for the benefit of cooperative
organizations.
Sec. 5. The Secretary of the Interior is hereby authorized,
in his discretion, to acquire through purchase, relinquishment, gift,
exchange, or assignment, any interest in lands, water rights or surface
rights to lands, within or without existing reservations, including trust
or otherwise restricted allotments whether the allottee be living or deceased,
for the purpose of providing lands for Indians.
For the acquisition of such lands, interests in lands, water
rights, and surface rights, and for expenses incident to such acquisition,
there is hereby authorized to be appropriated, out of any funds in the
Treasury not otherwise appropriated, a sum not to exceed $2,000,000 in
any one fiscal year: Provided, That no part of such funds shall be used
to acquire additional land outside of the exterior boundaries of Navajo
Indian Reservation for the Navajo Indians in Arizona and New Mexico, in
the event that the proposed Navajo boundary extension measures how pending
in congress and embodied in the bills (S. 2531 and H.R. 8927) to define
the exterior boundaries of the Navajo Indian Reservation in Arizona, and
for other purposes, and the bills (S. 2531 and H.R. 8982) to define the
exterior boundaries of the Navajo Indian Reservation in New Mexico and
for other purposes, or similar legislation, become law.
The unexpended balances of any appropriations made pursuant
to this section shall remain available until expended.
Title to any lands or rights acquired pursuant to this Act
shall be taken in the name of the United States in trust for the Indian
tribe or individual Indian for which the land is acquired, and such lands
or rights shall be exempt from State and local taxation.
Sec. 6. The Secretary of the Interior is directed to make
rules and regulations for the operation and management of Indian forestry
units on the principle of sustained-yield management, to restrict the
number of livestock grazed on Indian range units to the estimated carrying
capacity of such ranges, and to promulgate such other rules and regulations
as may be necessary to protect the range from deterioration, to prevent
soil erosion, to assure full utilization of the range, and like purposes.
Sec. 7. The Secretary of the Interior is hereby authorized
to proclaim new Indian reservations on lands acquired pursuant to any
authority conferred by this Act, or to add such lands to existing reservations:
Provided, That lands added to existing reservations shall be designated
for the exclusive use of Indians entitled by enrollment or by tribal membership
to residence at such reservations shall be designated for the exclusive
use of Indians entitled by enrollment or by tribal membership to residence
at such reservations.
Sec. 8. Nothing contained in this Act shall be construed
to relate to Indian holdings of allotments or homesteads upon the public
domain outside of the geographic boundaries of any Indian reservation
now existing or established hereafter.
Sec. 9. There is hereby authorized to be appropriated, out
of any funds in the Treasury not otherwise appropriated, such sums as
may be necessary, but not to exceed $250,000 in any fiscal year, to be
expended at the order of the Secretary of the Interior, in defraying the
expenses of organizing Indian chartered corporations or other organizations
created under this Act.
Sec. 10. There is hereby authorized to be appropriated,
out of any funds in the Treasury not otherwise appropriated, the sum of
$10,000,000 to be established as a revolving fund from which the Secretary
of the Interior, under such rules and regulations as he may prescribe,
may make loans to Indian chartered corporations for the purpose of promoting
the economic development of such tribes and of their members, and may
defray the expenses of administering such loans. Repayment of amounts
loaned under this authorization shall be credited to the revolving fund
and shall be available for the purposes for which the fund is established.
A report shall be made annually to Congress of transactions under this
authorization.
Sec. 11. There is hereby authorized to be appropriated,
out of any funds in the United States Treasury not otherwise appropriated,
a sum not to exceed $250,000 annually, together with any unexpended balances
of previous appropriations made pursuant to this section, for loans to
Indians for the payment of tuition and other expenses in recognized vocational
and trade schools: Provided, That not more than $50,000 of such sum shall
be available for loans to Indian students in high schools and colleges.
Such loans shall be reimbursable under rules established by the Commissioner
of Indian Affairs.
Sec. 12. The Secretary of the Interior is directed to establish
standards of health, age, character, experience, knowledge, and ability
for Indians who maybe appointed, without regard to civil-service laws,
to the various positions maintained, now or hereafter, by the Indian office,
in the administrations functions or services affecting any Indian tribe.
Such qualified Indians shall hereafter have the preference to appointment
to vacancies in any such positions.
Sec. 13. The provisions of this Act shall not apply to any
of the Territories, colonies, or insular possessions of the United States,
except that sections 9, 10, 11, 12, and 16 shall apply to the Territory
of Alaska: Provided, That Sections 2, 4, 7, 16, 17, and 18 of this Act
shall not apply to the following named Indian tribes, together with members
of other tribes affiliated with such named located in the State of Oklahoma,
as follows: Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware,
Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw,
Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee,
Chickasaw, Choctaw, Creek, and Seminole. Section 4 of this Act shall not
apply to the indians of the Klamath Reservation in Oregon.
Sec. 14. The Secretary of the Interior is hereby directed
to continue the allowance of the articles enumerated in section 17 of
the Act of March 2, 1889 (25 Stat.L. 891), or their commuted cash value
under the Act of June 10, 1886 (29 Stat.L. 334), to all Sioux Indians
who would be eligible, but for the provisions of this Act, to receive
allotments of lands in severalty under section 19 of the Act of May 29,
1908 (25 (35) Stat.L. 451), or under any prior Act, and who have the prescribed
status of the head of a family or single person over the age of eighteen
years, and his approval shall be final and conclusive, claims therefor
to be paid as formerly from the permanent appropriation made by said section
17 and carried on the books of the Treasury for this purpose. No person
shall receive in his own right more than one allowance of the benefits,
and application must be made and approved during the lifetime of the allotee
or the right shall lapse. Such benefits shall continue to be paid upon
such reservation until such time as the lands available therein for allotment
at the time of the passage of this Act would have been exhausted by the
award to each person receiving such benefits of an allotment of eighty
acres of such land.
Sec. 15. Nothing in this Act shall be construed to impair
or prejudice any claim or suit of any Indian tribe against the United
States. It is hereby declared to be the intent of Congress that no expenditures
for the benefit of Indians made out of appropriations authorized by this
Act shall be considered as offsets in any suit brought to recover upon
any claim of such Indians against the United States.
Sec. 16. Any Indian tribe, or tribes, residing on the same
reservation, shall have the right to organize for its common welfare,
and may adopt an appropriate constitution and bylaws, which shall become
effective when ratified by a majority vote of the adult members of the
tribe, or of the adult Indians residing on such reservation, as the case
may be, at a special election authorized by the Secretary of the Interior
under such rules and regulations as he may prescribe. Such constitution
and bylaws when ratified as aforesaid and approved by the Secretary of
the Interior shall be revocable by an election open to the same voters
and conducted in the same manner as hereinabove provided. Amendments to
the constitution and bylaws may be ratified and approved by the Secretary
in the same manner as the original constitution and bylaws.
In addition to all powers vested in any Indian tribe or
tribal council by existing law, the constitution adopted by said tribe
shall also vest in such tribe or its tribal council the following rights
and powers: To employ legal counsel, the choice of counsel and fixing
of fees to be subject to the approval of the Secretary of the Interior;
to prevent the sale, disposition, lease, or encumbrance of tribal lands,
interests in lands, or other tribal assets without the consent of the
tribe; and to negotiate with the Federal, State, and local Governments.
The Secretary of the Interior shall advise such tribe or its tribal council
of all appropriation estimates or Federal projects for the benefit of
the tribe prior to the submission of such estimates to the Bureau of the
Budget and the Congress.
Sec. 17. The Secretary of the Interior may, upon petition
by at least one-third of the adult Indians, issue a charter of incorporation
to such tribe: Provided, That such charter shall not become operative
until ratified at a special election by a majority vote of the adult Indians
living on the reservation. Such charter may convey to the incorporated
tribe the power to purchase, take by gift, or bequest, or otherwise, own,
hold, manage, operate, and dispose of property of every description, real
and personal, including the power to purchase restricted Indian lands
and to issue in exchange therefor interests in corporate property, and
such further powers as may be incidental to the conduct of corporate business,
not inconsistent with law, but no authority shall be granted to sell,
mortgage, or lease for a period exceeding ten years any of the land included
in the limits of the reservation. Any charter so issued shall not be revoked
or surrendered except by Act of Congress.
Sec. 18. This Act shall not apply to any reservation wherein
a majority of the adult Indians, voting at a special election duly called
by the Secretary of the Interior, shall vote against it application. It
shall be the duty of the Secretary of the Interior, within one year after
the passage and approval of this Act, to call such an election, which
election shall be held by secret ballot upon thirty days' notice.
Sec. 19. The term "Indian" as used in this Act
shall include all persons of Indian descent who are members of any recognized
Indian tribe now under Federal jurisdiction, and all person who are descendants
of such members who were, on June 1, 1934, residing within the present
boundaries of any reservation, and shall further include all other persons
of one-half or more Indian blood. For the purposes of this Act, Eskimos
and other aboriginal peoples of Alaska shall be considered Indians.
The term "tribe" wherever used in this Act shall
be construed to refer to any Indian tribe, organized band, pueblo, or
the Indians residing on one reservation. The words "adult Indians"
wherever used in this Act shall be construed to refer to Indians who have
attained the age of twenty-one years.
Approved, June 18, 1934
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