14 | 13 | | A BILL TO BE ENTITLED 1 |
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15 | 14 | | AN ACT TO RESTORE OFFICIAL RECOGNITION TO THE TUSCARORA AND TO 2 |
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16 | 15 | | PROVIDE THEM REPRESENTATION ON THE COMMISSION OF INDIAN AFFAIRS. 3 |
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17 | 16 | | Whereas, the passage of Senate Bill 642 by the 1971 General Assembly created the 4 |
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18 | 17 | | North Carolina Commission of Indian Affairs, recognizing the existence within the State of 5 |
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19 | 18 | | certain named Indian tribes and also acknowledged the fact that members of other Indian tribes 6 |
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20 | 19 | | reside within the State; and 7 |
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21 | 20 | | Whereas, the Tuscarora were recognized through treaties with the North Carolina 8 |
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22 | 21 | | government, but were not among those tribes recognized in 1971; and 9 |
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23 | 22 | | Whereas, the Tuscarora were a powerful tribe at the time of the English settlement of 10 |
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24 | 23 | | the land that became North Carolina and Virginia and their prominent role in the early history of 11 |
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25 | 24 | | both states is well documented; and 12 |
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26 | 25 | | Whereas, the Tuscarora and the Cherokee are the only tribes to hold treaties with the 13 |
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27 | 26 | | North Carolina government; and 14 |
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28 | 27 | | Whereas, the King of the Tuscarora was the signatory of the 1712 General Articles of 15 |
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29 | 28 | | Peace and the 1714 Sun and Moon Peace Treaty and these treaties helped establish a lasting and 16 |
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30 | 29 | | prosperous peace between The Tuscarora and the government and citizens of North Carolina; 17 |
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31 | 30 | | and 18 |
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32 | 31 | | Whereas, the Tuscarora signed a stand-alone Treaty in 1717 with Governor Eden that 19 |
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33 | 32 | | reserved 56,000 acres of historic Tuscarora territory in Bertie County exclusively for the 20 |
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34 | 33 | | Tuscarora known as Indian Woods and in 1748 legislation reestablished the official boundaries 21 |
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35 | 34 | | and drew a map of its proximities; and 22 |
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36 | 35 | | Whereas, for two centuries, parcels of Indian Woods were allotted to descendants of 23 |
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37 | 36 | | the Tuscarora Tribe and they have persisted as communities of Tuscarora People since that time 24 |
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38 | 37 | | and have reorganized and incorporated into The Tuscarora Indians of Kahtenuaka Territories and 25 |
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39 | 38 | | appointed a tribal council to represent all North Carolina Tuscarora; and 26 |
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40 | 39 | | Whereas, a review of historical documents and testimony confirmed the current Tribal 27 |
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41 | 40 | | Council of The Tuscarora Indians of Kahtenuaka Territories consists of descendants of the 28 |
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42 | 41 | | historical Tuscarora Tribe; and 29 |
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43 | 42 | | Whereas, the Tuscarora and its descendants contributed and continue to contribute to 30 |
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44 | 43 | | the settlement and growth of the State of North Carolina, have maintained their ethnic 31 |
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45 | 44 | | background, original language and culture and number among themselves families with names 32 |
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46 | 45 | | well-known throughout the area and the State; Now, therefore 33 |
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47 | | - | The General Assembly of North Carolina enacts: 34 General Assembly Of North Carolina Session 2025 |
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48 | | - | Page 2 House Bill 600-First Edition |
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49 | | - | SECTION 1. Chapter 71A of the General Statutes is amended by adding a new 1 |
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50 | | - | section to read: 2 |
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51 | | - | "§ 71A-7.3. The Tuscarora Indians of Kahtenuaka Territories; rights, privileges, 3 |
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52 | | - | immunities, obligations, and duties. 4 |
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53 | | - | The Indians who comprise The Tuscarora Indians of Kahtenuaka Territories, whose ancestors 5 |
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54 | | - | signed treaties with the government of North Carolina and were granted the Indian Woods 6 |
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55 | | - | Reservation on the Roanoke River in Bertie County, shall, from and after July 1, 2025, be 7 |
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56 | | - | designated and officially recognized as The Tuscarora Indians of Kahtenuaka Territories, and 8 |
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57 | | - | they shall continue to enjoy all their rights, privileges, and immunities as an American Indian 9 |
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58 | | - | Tribe with a recognized tribal governing body carrying out and exercising substantial 10 |
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59 | | - | governmental duties and powers similar to the State. The Tuscarora Indians of Kahtenuaka shall 11 |
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60 | | - | be recognized as eligible for the special programs and services provided by the United States to 12 |
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61 | | - | Indians because of their status as Indians. The Tuscarora shall maintain individual enrollment 13 |
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62 | | - | criteria, providing an opportunity for all North Carolina Tuscarora descendants to enroll and shall 14 |
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63 | | - | govern themselves in a manner that will benefit and unify all Tuscarora that come under their 15 |
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64 | | - | governance." 16 |
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65 | | - | SECTION 2. G.S. 143B-407 reads as rewritten: 17 |
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66 | | - | "§ 143B-407. North Carolina State Commission of Indian Affairs – membership; term of 18 |
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67 | | - | office; chairman; compensation. 19 |
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68 | | - | (a) The State Commission of Indian Affairs shall consist of two persons appointed by the 20 |
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69 | | - | General Assembly, the Secretary of Health and Human Services, the Assistant Secretary of 21 |
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70 | | - | Commerce in charge of the Division of Employment Security, the Secretary of Administration, 22 |
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71 | | - | the Secretary of Environmental Quality, the Commissioner of Labor or their designees and 21 23 23 |
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72 | | - | representatives of the Indian community. These Indian members shall be selected by tribal or 24 |
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73 | | - | community consent from the Indian groups that are recognized by the State of North Carolina 25 |
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74 | | - | and are principally geographically located as follows: the Coharie of Sampson and Harnett 26 |
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75 | | - | Counties; the Eastern Band of Cherokees; the Haliwa Saponi of Halifax, Warren, and adjoining 27 |
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76 | | - | counties; the Lumbees of Robeson, Hoke and Scotland Counties; the Meherrin of Hertford 28 |
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77 | | - | County; the Waccamaw-Siouan from Columbus and Bladen Counties; the Sappony; the 29 |
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78 | | - | Occaneechi Band of the Saponi Nation of Alamance and Orange Counties, The Tuscarora Indians 30 |
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79 | | - | of Kahtenuaka Territories, and the Native Americans located in Cumberland, Guilford, Johnston, 31 |
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80 | | - | Mecklenburg, Orange, and Wake Counties. The Coharie shall have two members; the Eastern 32 |
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81 | | - | Band of Cherokees, two; the Haliwa Saponi, two; the Lumbees, three; the Meherrin, one; the 33 |
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82 | | - | Waccamaw-Siouan, two; the Sappony, one; the Cumberland County Association for Indian 34 |
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83 | | - | People, two; the Guilford Native Americans, two; the Metrolina Native Americans, two; the 35 |
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84 | | - | Occaneechi Band of the Saponi Nation, one, one; the Triangle Native American Society, one. 36 |
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85 | | - | one; The Tuscarora Indians of Kahtenuaka Territories, two. Of the two appointments made by 37 |
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86 | | - | the General Assembly, one shall be made upon the recommendation of the Speaker, and one shall 38 |
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87 | | - | be made upon recommendation of the President Pro Tempore of the Senate. Appointments by 39 |
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88 | | - | the General Assembly shall be made in accordance with G.S. 120-121 and vacancies shall be 40 |
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89 | | - | filled in accordance with G.S. 120-122. 41 |
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90 | | - | …." 42 |
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91 | | - | SECTION 3. G.S. 143B-135.5 reads as rewritten: 43 |
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92 | | - | "Part 30A. American Indian Heritage Commission. 44 |
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93 | | - | "§ 143B-135.5. American Indian Heritage Commission established. 45 |
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94 | | - | … 46 |
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95 | | - | (b) Members. – The Commission shall consist of 12 13 members. The initial board shall 47 |
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96 | | - | be selected on or before February 1, 2022, as follows: 48 |
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97 | | - | (1) One representative recommended by each of the following tribes: Coharie, 49 |
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98 | | - | Eastern Band of Cherokee Indians, Haliwa-Saponi, Lumbee, Meherrin, 50 General Assembly Of North Carolina Session 2025 |
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99 | | - | House Bill 600-First Edition Page 3 |
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100 | | - | Occaneechi Band of the Saponi Nation, Sappony, The Tuscarora Indians of 1 |
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101 | | - | Kahtenauaka Territories, and Waccamaw-Siouan. 2 |
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102 | | - | (2) One representative recommended by each of the following organizations: 3 |
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103 | | - | Cumberland County Association for Indian People, Guilford Native American 4 |
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104 | | - | Association, Metrolina Native American Association, and the Triangle Native 5 |
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105 | | - | American Society. 6 |
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106 | | - | (c) Terms. – The members recommended by the Coharie, Eastern Band of Cherokee 7 |
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107 | | - | Indians, Haliwa-Saponi, and Lumbee Tribes and the members recommended by the Cumberland 8 |
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108 | | - | County Association for Indian People and the Guilford Native American Association shall serve 9 |
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109 | | - | initial terms of two years expiring on June 30, 2023. The members recommended by the 10 |
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110 | | - | Meherrin, Occaneechi Band of the Saponi Nation, Sappony, and Waccamaw-Siouan Tribes and 11 |
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111 | | - | the members recommended by the Metrolina Native American Association and the Triangle 12 |
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112 | | - | Native American Society shall serve initial terms of three years expiring on June 30, 2024. The 13 |
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113 | | - | member recommended by The Tuscarora Indians of Kahtenauaka Territories shall serve an initial 14 |
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114 | | - | term of two years expiring on June 30, 2027. Upon the expiration of the terms of the initial 15 |
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115 | | - | members of the Commission, each member shall be appointed to terms for three years and shall 16 |
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116 | | - | serve until a successor is appointed. 17 |
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117 | | - | …." 18 |
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118 | | - | SECTION 4. This act is effective when it becomes law. 19 |
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| 46 | + | The General Assembly of North Carolina enacts: 34 |
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| 47 | + | SECTION 1. Chapter 71A of the General Statutes is amended by adding a new 35 |
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| 48 | + | section to read: 36 |
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| 49 | + | H.B. 600 |
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| 50 | + | Mar 31, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH30252-LG-135A |
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| 53 | + | "§ 71A-7.3. The Tuscarora Indians of Kahtenuaka Territories; rights, privileges, 1 |
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| 54 | + | immunities, obligations, and duties. 2 |
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| 55 | + | The Indians who comprise The Tuscarora Indians of Kahtenuaka Territories, whose ancestors 3 |
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| 56 | + | signed treaties with the government of North Carolina and were granted the Indian Woods 4 |
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| 57 | + | Reservation on the Roanoke River in Bertie County, shall, from and after July 1, 2025, be 5 |
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| 58 | + | designated and officially recognized as The Tuscarora Indians of Kahtenuaka Territories, and 6 |
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| 59 | + | they shall continue to enjoy all their rights, privileges, and immunities as an American Indian 7 |
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| 60 | + | Tribe with a recognized tribal governing body carrying out and exercising substantial 8 |
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| 61 | + | governmental duties and powers similar to the State. The Tuscarora Indians of Kahtenuaka shall 9 |
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| 62 | + | be recognized as eligible for the special programs and services provided by the United States to 10 |
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| 63 | + | Indians because of their status as Indians. The Tuscarora shall maintain individual enrollment 11 |
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| 64 | + | criteria, providing an opportunity for all North Carolina Tuscarora descendants to enroll and shall 12 |
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| 65 | + | govern themselves in a manner that will benefit and unify all Tuscarora that come under their 13 |
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| 66 | + | governance." 14 |
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| 67 | + | SECTION 2. G.S. 143B-407 reads as rewritten: 15 |
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| 68 | + | "§ 143B-407. North Carolina State Commission of Indian Affairs – membership; term of 16 |
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| 69 | + | office; chairman; compensation. 17 |
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| 70 | + | (a) The State Commission of Indian Affairs shall consist of two persons appointed by the 18 |
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| 71 | + | General Assembly, the Secretary of Health and Human Services, the Assistant Secretary of 19 |
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| 72 | + | Commerce in charge of the Division of Employment Security, the Secretary of Administration, 20 |
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| 73 | + | the Secretary of Environmental Quality, the Commissioner of Labor or their designees and 21 23 21 |
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| 74 | + | representatives of the Indian community. These Indian members shall be selected by tribal or 22 |
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| 75 | + | community consent from the Indian groups that are recognized by the State of North Carolina 23 |
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| 76 | + | and are principally geographically located as follows: the Coharie of Sampson and Harnett 24 |
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| 77 | + | Counties; the Eastern Band of Cherokees; the Haliwa Saponi of Halifax, Warren, and adjoining 25 |
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| 78 | + | counties; the Lumbees of Robeson, Hoke and Scotland Counties; the Meherrin of Hertford 26 |
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| 79 | + | County; the Waccamaw-Siouan from Columbus and Bladen Counties; the Sappony; the 27 |
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| 80 | + | Occaneechi Band of the Saponi Nation of Alamance and Orange Counties, The Tuscarora Indians 28 |
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| 81 | + | of Kahtenuaka Territories, and the Native Americans located in Cumberland, Guilford, Johnston, 29 |
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| 82 | + | Mecklenburg, Orange, and Wake Counties. The Coharie shall have two members; the Eastern 30 |
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| 83 | + | Band of Cherokees, two; the Haliwa Saponi, two; the Lumbees, three; the Meherrin, one; the 31 |
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| 84 | + | Waccamaw-Siouan, two; the Sappony, one; the Cumberland County Association for Indian 32 |
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| 85 | + | People, two; the Guilford Native Americans, two; the Metrolina Native Americans, two; the 33 |
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| 86 | + | Occaneechi Band of the Saponi Nation, one, one; the Triangle Native American Society, one. 34 |
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| 87 | + | one; The Tuscarora Indians of Kahtenuaka Territories, two. Of the two appointments made by 35 |
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| 88 | + | the General Assembly, one shall be made upon the recommendation of the Speaker, and one shall 36 |
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| 89 | + | be made upon recommendation of the President Pro Tempore of the Senate. Appointments by 37 |
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| 90 | + | the General Assembly shall be made in accordance with G.S. 120-121 and vacancies shall be 38 |
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| 91 | + | filled in accordance with G.S. 120-122. 39 |
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| 92 | + | …." 40 |
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| 93 | + | SECTION 3. G.S. 143B-135.5 reads as rewritten: 41 |
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| 94 | + | "Part 30A. American Indian Heritage Commission. 42 |
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| 95 | + | "§ 143B-135.5. American Indian Heritage Commission established. 43 |
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| 96 | + | … 44 |
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| 97 | + | (b) Members. – The Commission shall consist of 12 13 members. The initial board shall 45 |
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| 98 | + | be selected on or before February 1, 2022, as follows: 46 |
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| 99 | + | (1) One representative recommended by each of the following tribes: Coharie, 47 |
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| 100 | + | Eastern Band of Cherokee Indians, Haliwa-Saponi, Lumbee, Meherrin, 48 |
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| 101 | + | Occaneechi Band of the Saponi Nation, Sappony, The Tuscarora Indians of 49 |
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| 102 | + | Kahtenauaka Territories, and Waccamaw-Siouan. 50 General Assembly Of North Carolina Session 2025 |
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| 103 | + | DRH30252-LG-135A Page 3 |
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| 104 | + | (2) One representative recommended by each of the following organizations: 1 |
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| 105 | + | Cumberland County Association for Indian People, Guilford Native American 2 |
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| 106 | + | Association, Metrolina Native American Association, and the Triangle Native 3 |
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| 107 | + | American Society. 4 |
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| 108 | + | (c) Terms. – The members recommended by the Coharie, Eastern Band of Cherokee 5 |
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| 109 | + | Indians, Haliwa-Saponi, and Lumbee Tribes and the members recommended by the Cumberland 6 |
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| 110 | + | County Association for Indian People and the Guilford Native American Association shall serve 7 |
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| 111 | + | initial terms of two years expiring on June 30, 2023. The members recommended by the 8 |
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| 112 | + | Meherrin, Occaneechi Band of the Saponi Nation, Sappony, and Waccamaw-Siouan Tribes and 9 |
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| 113 | + | the members recommended by the Metrolina Native American Association and the Triangle 10 |
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| 114 | + | Native American Society shall serve initial terms of three years expiring on June 30, 2024. The 11 |
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| 115 | + | member recommended by The Tuscarora Indians of Kahtenauaka Territories shall serve an initial 12 |
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| 116 | + | term of two years expiring on June 30, 2027. Upon the expiration of the terms of the initial 13 |
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| 117 | + | members of the Commission, each member shall be appointed to terms for three years and shall 14 |
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| 118 | + | serve until a successor is appointed. 15 |
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| 119 | + | …." 16 |
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| 120 | + | SECTION 4. This act is effective when it becomes law. 17 |
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