GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001

HOUSE BILL 363
RATIFIED BILL

AN ACT TO AUTHORIZE THE NORTH CAROLINA COMMISSION OF INDIAN AFFAIRS TO HOLD LAND IN TRUST FOR STATE-RECOGNIZED INDIAN TRIBES. 

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143B‑405 reads as rewritten:
"§ 143B‑405.  North Carolina State Commission of Indian Affairs – purposes for creation.
The purposes of the Commission shall be as follows:
(1)	To deal fairly and effectively with Indian affairs.
(2)	To bring local, State, and federal resources into focus for the implementation or continuation of meaningful programs for Indian citizens of the State of North Carolina.
(3)	To provide aid and protection for Indians as needs are demonstrated; to prevent undue hardships.
(4)	To hold land in trust for the benefit of State‑recognized Indian tribes. This subdivision shall not apply to federally recognized Indian tribes.
(5)	To assist Indian communities in social and economic development.
(6)	To promote recognition of and the right of Indians to pursue cultural and religious traditions considered by them to be sacred and meaningful to Native Americans."
SECTION 2.  G.S. 143B‑406 reads as rewritten:
"§ 143B‑406.  North Carolina State Commission of Indian Affairs – duties; use of funds.
(a)	The Commission shall have the following duties:  
(1)	To study, consider, accumulate, compile, assemble and disseminate information on any aspect of Indian affairs.
(2)	To investigate relief needs of Indians of North Carolina and to provide technical assistance in the preparation of plans for the alleviation of such needs.
(3)	To confer with appropriate officials of local, State and federal governments and agencies of these governments, and with such congressional committees that may be concerned with Indian affairs to encourage and implement coordination of applicable resources to meet the needs of Indians in North Carolina.
(4)	To cooperate with and secure the assistance of the local, State and federal governments or any agencies thereof in formulating any such programs, and to coordinate such programs with any programs regarding Indian affairs adopted or planned by the federal government to the end that the State Commission of Indian Affairs secure the full benefit of such programs.
(5)	To act as trustee for any interest in real property that may be transferred to the Commission for the benefit of State‑recognized Indian tribes in accordance with a trust agreement approved by the Commission. The Commission shall not hold any interest in real property for the benefit of federally recognized Indian tribes.
(6)	To review all proposed or pending State legislation and amendments to existing State legislation affecting Indians in North Carolina.
(7)	 To conduct public hearings on matters relating to Indian affairs and to subpoena any information or documents deemed necessary by the Commission.
(8) 	To study the existing status of recognition of all Indian groups, tribes and communities presently existing in the State of North Carolina.
(9)	 To establish appropriate procedures to provide for legal recognition by the State of presently unrecognized groups.
(10)	To provide for official State recognition by the Commission of such groups.
(11)	To initiate procedures for their recognition by the federal government.
(b)	The Commission may adopt rules to implement the provisions of subdivision (a)(5) of this section."
SECTION 3.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 24th day of July, 2001.

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		 Beverly E. Perdue
	 President of the Senate

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		 James B. Black
	 Speaker of the House of Representatives

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		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2001