§ 71A-1. Cherokee Indians of Robeson County; rights and privileges.
The persons residing in Robeson, Richmond, and Sampson counties, who have heretofore been known as "Croatan Indians" or "Indians of Robeson County," together with their descendants, shall hereafter be known and designated as "Cherokee Indians of Robeson
County," and by that name shall be entitled to all the rights and privileges heretofore or hereafter conferred, by any law or laws of the State of North Carolina, upon the Indians heretofore known as the "Croatan Indians" or "Indians of Robeson
County." In all laws enacted by the General Assembly of North Carolina relating to said Indians subsequent to the enactment of said Chapter 51 of
the Laws of 1885, the words "Croatan Indians" and "Indians of Robeson County" are stricken out and the words "Cherokee Indians of Robeson County" inserted in lieu thereof.
History
(1885, c. 51, s. 2; Rev., s. 4168; 1911, c. 215; P.L. 1911, c. 263; 1913, c. 123; C.S., s. 6257; 1977, 2nd Sess., c. 1193, s. 1.)
Cross References. - As to the North Carolina State Commission of Indian Affairs, see G.S. 143B-404 to 143B-411.
Editor's Note. - Sessions Laws 2018-46, s. 1, provides: "The Legislative Research Commission shall study the legal status of the State-recognized Indian Tribes named in Chapter 71A of the General Statutes. The purpose of the study is to determine whether any statutory changes are necessary to enable the tribes to be eligible to apply for and receive economic development and disaster recovery grant funds from nonprofits
and charitable foundations. The Commission shall report its findings and recommendations, including any proposed legislation, to the 2019 General Assembly."
Legal Periodicals. - For article on criminal jurisdiction on the North Carolina Cherokee Indian reservation, see 24 Wake Forest L. Rev. 335 (1989).
CASE NOTES
Cited in State v. Oxendine, 242 N.C. App. 216, 775 S.E.2d 19 (2015).
§ 71A-2. Chapter not applicable to certain bands of Cherokees.
Neither this Chapter nor any other act relating to said "Cherokee Indians of Robeson County" shall be construed so as to impose on said Indians any powers, privileges, rights, or immunities, or any limitations on their power to contract, heretofore enacted with reference to the Eastern Band of Cherokee Indians residing in Cherokee, Graham, Jackson, Swain and other adjoining counties in North Carolina, or any other band or tribe of Cherokee Indians other than those now residing, or who have since the Revolutionary War resided, in Robeson County, nor shall said "Cherokee Indians of Robeson County," as herein designated, be subject to the limitations provided in the Chapter Contracts Requiring Writing, G.S. 22-3, entitled Contracts with Cherokee Indians.
History
(1947, c. 978, s. 1; 1977, 2nd Sess., c. 1193, s. 1.)
Editor's Note. - G.S. 22-3, referred to in this section, was repealed by Session Laws, 1995, c. 379, s. 15.
§ 71A-3. Lumbee Tribe of North Carolina; rights, privileges, immunities, obligations and duties.
The Indians now residing in Robeson and adjoining counties of North Carolina, originally found by the first white settlers on the Lumbee 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, who have previously been known as "Croatan Indians," "Indians of Robeson County," and "Cherokee Indians of Robeson County," shall, from and after April 20, 1953, be designated and officially recognized as Lumbee Tribe of North Carolina and shall continue to enjoy all rights, privileges and immunities as an American Indian Tribe with a recognized tribal governing body carrying out and exercising substantial governmental duties and powers similar to the State, being recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
History
(1953, c. 874; 1977, 2nd Sess., c. 1193, s. 1; 2003-54, s. 1; 2019-162, s. 1.)
Effect of Amendments. - Session Laws 2019-162, s. 1, effective July 25, 2019, substituted "as an American Indian Tribe with a recognized tribal governing body carrying out and exercising substantial governmental duties and powers similar to the State, being recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians" for "enjoyed by them as citizens of the State as now provided by law, and shall continue to be subject to all the obligations and duties of citizens under the law."
Legal Periodicals. - For article on criminal jurisdiction on the North Carolina Cherokee Indian reservation, see 24 Wake Forest L. Rev. 335 (1989).
CASE NOTES
Cited in In re A.D.L., 169 N.C. App. 701, 612 S.E.2d 639 (2005); State v. Oxendine, 242 N.C. App. 216, 775 S.E.2d 19 (2015).
§ 71A-4. Waccamaw Siouan Tribe of North Carolina; rights, privileges, immunities, obligations and duties.
The Indians now living in Bladen and Columbus and adjoining counties of North Carolina, originally found by the first white settlers in the region of the Cape Fear River, Lake Waccamaw, and the Waccamaw Indians, a Siouan Tribe which inhabited the areas surrounding the Waccamaw, Pee Dee, and Lumber Rivers in North and South Carolina, shall, from and after July 20, 1971, be designated and officially recognized as the Waccamaw Siouan Tribe of North Carolina and shall continue to enjoy all their rights, privileges and immunities as citizens of the State as now or hereafter provided by law, and shall continue to be subject to all the obligations and duties of citizens under the law.
History
(1977, 2nd Sess., c. 1193, s. 1.)
CASE NOTES
Cited in State v. Oxendine, 242 N.C. App. 216, 775 S.E.2d 19 (2015).
§ 71A-5. Haliwa-Saponi Indian Tribe of North Carolina; rights, privileges, immunities, obligations and duties.
The Indians now residing in Halifax, Warren and adjoining counties of North Carolina, originally found by the first permanent white settlers on the Roanoke River in Halifax and Warren Counties, and who descend from the Saponi, Nansemond, and other tribes of Indians originally inhabiting the coastal regions of North Carolina, shall, from and after April 15, 1965, be designated and officially recognized as the Haliwa-Saponi Indian Tribe, and they shall continue to enjoy all their rights, privileges and immunities as an American Indian Tribe with a recognized tribal governing body carrying out and exercising substantial governmental duties and powers similar to the State, being recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
History
(1965, c. 254; 1977, 2nd Sess., c. 1193, s. 1; 1997-293, s. 1; 2006-111, s. 1.)
CASE NOTES
Cited in State v. Oxendine, 242 N.C. App. 216, 775 S.E.2d 19 (2015).
§ 71A-6. Coharie Tribe of North Carolina; rights, privileges, immunities, obligations and duties.
The Indians now living in Harnett and Sampson and adjoining counties of North Carolina, originally found by the first white settlers on the Coharie River in Sampson County, and claiming descent from certain tribes of Indians originally inhabiting the coastal regions of North Carolina, shall, from and after July 20, 1971, be designated and officially recognized as the Coharie Tribe of North Carolina and shall continue to enjoy all their rights, privileges and immunities as citizens of the State as now or hereafter provided by law, and shall continue to be subject to all the obligations and duties of citizens under the law.
History
(1977, 2nd Sess., c. 1193, s. 1.)
CASE NOTES
Cited in State v. Oxendine, 242 N.C. App. 216, 775 S.E.2d 19 (2015).
§ 71A-7. The Sappony; rights, privileges, immunities, obligations, and duties.
The Indian Tribe now residing in Person County, officially recognized as the Indians of Person County by Chapter 22 of the Public-Local Laws of 1913, who are
descendants of those Indians living in Person County for whom the High Plains Indian School was established, shall, from and after February 3, 1913, be designated and officially recognized as Sappony, and shall continue to enjoy all their
rights, privileges, and immunities as citizens of the State as now or hereafter provided by law, and shall continue to be subject to all the obligations and duties of citizens under the law.
History
(1997-147, s. 1; 2003-87, s. 1.)
CASE NOTES
Cited in State v. Oxendine, 242 N.C. App. 216, 775 S.E.2d 19 (2015).
§ 71A-7.1. Meherrin Tribe of North Carolina; rights, privileges, immunities, obligations and duties.
The Indians now residing in small communities in Hertford, Bertie, Gates, and Northampton Counties, who in 1726 were granted reservational lands at the mouth of the Meherrin River in the vicinity of present-day Parker's Ferry near Winton in Hertford County, and who are of the same linguistic stock as the Cherokee, Tuscarora, and other tribes of the Iroquois Confederacy of New York and Canada, shall, from and after July 20, 1971, be designated and officially recognized as the Meherrin Tribe of North Carolina, and shall continue to enjoy all their rights, privileges, and immunities as citizens of the State as now or hereafter provided by law, and shall continue to be subject to all the obligations and duties of citizens under the law.
History
(2003-54, s. 2.)
CASE NOTES
Cited in Meherrin Indian Tribe v. Lewis, 197 N.C. App. 380, 677 S.E.2d 203 (2009), review dismissed, 363 N.C. 806, 690 S.E.2d 806, 2010 N.C. LEXIS 107 (2010); Meherrin Tribe of N.C.
v. N.C. State Comm'n of Indian Affairs, 219 N.C. App. 558, 724 S.E.2d 644 (2012); State v. Oxendine, 242 N.C. App. 216, 775 S.E.2d 19 (2015).
§ 71A-7.2. Occaneechi Band of Saponi Nation in North Carolina; rights, privileges, immunities, obligations and duties.
The Indians now living primarily in the old settlement of Little Texas in Pleasant Grove Township, Alamance County, who are lineal descendants of the Saponi and related Indians who occupied the Piedmont of North Carolina and Virginia in precontact times, and specifically of those Saponi and related Indians who formally became tributary to Virginia under the Treaties of Middle Plantation in 1677 and 1680, and who under the subsequent treaty of 1713 with the Colony of Virginia agreed to join together as a single community, shall, from and after July 20, 1971, be designated and officially recognized as the Occaneechi Band of the Saponi Nation of North Carolina, and shall continue to enjoy all their rights, privileges, and immunities as citizens of the State as now or hereafter provided by law, and shall continue to be subject to all the obligations and duties of citizens under the law.
History
(2003-54, s. 2.)
CASE NOTES
Cited in State v. Oxendine, 242 N.C. App. 216, 775 S.E.2d 19 (2015).
§ 71A-8. Authorization for federally recognized Indian tribes to conduct games.
In recognition of the governmental relationship between the State, federally recognized Indian tribes and the United States, a federally recognized Indian tribe may conduct games consistent with the Indian Gaming Regulatory Act, Public Law 100-497, that
are in accordance with a valid Tribal-State compact executed by the Governor pursuant to G.S. 147-12(14) and approved by the U.S.
Department of Interior under the Indian Gaming Regulatory Act, and such games shall not be unlawful or against the public policy of the State if the State permits such gaming for any purpose by any person, organization, or entity.
History
(2001-513, s. 29(b).)
Cross References. - As to Class III gaming on Indian lands, see G.S. 14-292.2.
As to Indian Gaming Education Revenue Fund, see G.S. 143C-9-7.
Editor's Note. - The phrase "to conduct games" was added to the end of the section heading at the direction of the Revisor of Statutes.
CASE NOTES
State Law Does Not Violate Indian Gaming Regulatory Act. - Trial court erred in concluding that the Indian Gaming Regulatory Act, 25 U.S.C.S.
§§
2701 through 2721, precluded North Carolina from granting the Eastern Band of Cherokee Indians of North Carolina exclusive Class III gaming rights because State law providing the Tribe with exclusive gaming rights did not violate
Indian Gaming Regulatory Act since the General Assembly expressed the public policy of the State through G.S. 71A-8, which explicitly authorized Indian gaming in accordance with IGRA, and G.S. 14-306.1A, which criminalized Class III gaming
except for the Tribe's enterprises; 2006 N.C. Sess. Laws 6, which legalizes the Class III gaming rights of the Eastern Band of Cherokee Indians of North Carolina, satisfies the requirement of the Indian Gaming Regulatory Act, 25 U.S.C.S.
§
2710(d)(1)(B), that North Carolina be a state that permits such gaming for any purpose by any person, organization, or entity. McCracken & Amick, Inc. v. Perdue, 201 N.C. App. 480, 687 S.E.2d 690
(2009), review denied, 2010 N.C. LEXIS 468 (2010).