Congratulations to the CaroCina Indian Voice for Continuous Service to Robeson County. Attorney George Regan Candidate, District Attorney Adolph Dial - * * Building a better world for all of us. Adolph Dial Candidate House of Representatives 16th District Diafgy l86i tSfanwerstvy Carolina JnJian Voice # K AISI URGENT M ESS AG E_ O i 8LUMBEE TRIBAL MEMBERS,I J FRIENDS S SURRORTERS Dear Tribal Hsmbers, Friends and Supportara: *-#?-?. ahila In 1956, tba Onitad Stataa Congraaa recognised tba L?bM m ^ fJw?i imposing a atatutory restriction within tha 1956 U^iee Act that $**** mlationahlp to Luabee. Passage of tha 1956 Luabaa Act came termination ara whan tha pollclaa of tha Fadaral Government wara aimed at termlnatl g Padaral mlationahlp to all American Indian tribaa. _ ??#:?? On Octobar 23, tha Associata Solicitor for Indian Affair* adviaad the ftireau of Indian Affair# that tha taraination ara Ustee Act, which provided that nana of th* ?tatutea which apply to Indiana apply to tha Luatees, precluded a*dnl?tratlye acknowledjisunt of tna Luabaa Tribe. In tha word# of tha Aaaociate Solicitor, "For all the above reaacM, 1 aa conatralnad to advise you that tha Act of July 7, 1965 (70 Stat. 254), to legislatlM terminating or forbidding tha Fadaral relationship within tha aaanlng of 25 OTl sec. 83.3(a) and 83.7(g) and that, therefore, you are precluded frca considering tha application of tha Luabaa# for recognition." A# a result of this opinion, It 1# now ' *5*^ corrective legislation is naadsd, i.e. aaandnant to tha 1956 Luabaa Act to affect the Fadaral mlationahlp to Luabaa. Slsply stated, only tha Congress can recognize tba Luabaa. A bill, H.R. 2335, for tha recognition of the Lustee Tribe was introduced in tha Onitad States House of Representatives by Coograsaaan Charlie Rosa (D-RC) in May 1989. An identical bill, S. 901, was introduced in tha United States Senate by Senator Tarry Sanford (D-NC) in tha uw month. If thaaa bills will iagdltfllX fliXB 'j*!1 recognition ^2 ibfi Lusbaa Tribe, and its matters. and qualify TfatereHo iSl r?rteln fadaral Tndiam services, subject to Congressional funding, that tha Qovenaant providas for Aaarican Indian Tribaa and thair members. Such services include but are not limited to: scholarships, Indian health cars services, economic development assistance, job opportunities, and qeneral assistance. v In addition to extending full fadaral recognition to tha tribe, tba bills deal with a number of mlatad matters. First, they provide for delay in tha delivery of B.I.A. and I.H.S. until funds ara appropriated for those purposes and authorises direct funding for those services. This direct funding machanlM will help insulate other tribes' budget from impact due to recognition of tha Luabaa Tribe and will also give tba Luabaa Tribe greater flexibility in tha administration of fadaral Indian services. Second, they define a service area for tha Luabaa Tribe and deal with other service-related questions that night arise due to tha absence of a reservation. Third, they extend state civil and criminal jurisdiction over tha tribe, giving tha tribe and tha stats time to work out a jurisdictional agreement without a break in jurisdiction and tha disruption in law and order that would occur otherwise. The Department of tha Interior has no authority to resolve any of thaaa issues, just as tha Department presently lmcks any authority to recognize tha tribe. Tribaa who are subject of Congressional legislation that terminates or forbids tha Fadaral mlationahlp ara ineligible for Administrative recognition through Interior. 1990?* 'Jnde/^nonaous dmmw 'fraa ^EesteniiCBaS*tofV<>cSeTOk^^^^^^^^^^^^^^^^t wlthfi'Smri^. ** 89154 ^ ElAia *** ^ i?it4 240 22 ^ The r.nih? Tribe is very much opposed to such an amandwnt. Over tha neat ten years. Congress has considered the status si might other Indian tribes ??5 were also m$s23S LLC*! yfrinmrgUvt acknoweidqewent. like Lutee. bv earlier fld* si Congress tgralrmtlntl 21 Precluding liis Federal rj.1.Hm?tilB Ail liabl "MM ClmPrtt T*"1 comprehensive recognition legislation that "^rtflTfl tna tribe's status end all mlatad Issues, ruch at 1ur;?dl9U9n, delivery si ttnla*. iac& uislb ?tc The Lumbee recognition bills follow this legislative tradition. Obdar Cong. Clarke's . amendment, however, would bf ylQglyj out for ? different fcjgg si treatment, i.e.. relegation thmnnh interior is decide on whether should be a racoonlead tribe. Since Congress taf not done that ifl past with all other tribes ineligible for the Aduinistratlve Process. j? would fee highly except 1 cms1 end unfairto e