GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 655
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Short Title: Extend Certain Rights to Catawba Nation. |
(Public) |
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Sponsors: |
Senators Alexander, Overcash, and Britt (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 26, 2025
A BILL TO BE ENTITLED
AN ACT to extend certain rights to the catawba indian nation as the eastern band of cherokee indians.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 1E of the General Statutes reads as rewritten:
"Chapter 1E.
"Eastern Band of Cherokee Indians.Indians and
Catawba Indian Nation.
"Article 1.
"Full Faith and Credit.
"§ 1E‑1. Full faith and credit.
(a) The courts of this State
shall give full faith and credit to a judgment, decree, or order signed by a
judicial officer of either (i) the Eastern Band of Cherokee Indians or
(ii) Catawba Indian Nation and filed in the Cherokee Tribal Courts or
Catawba Nation Tribal Courts to the same extent as is given a judgment,
decree, or order of another state, subject to the provisions of subsections (b)
and (c) of this section; provided that the judgments, decrees, and orders of
the courts of this State are given full faith and credit by the Tribal Courts
of the Eastern Band of Cherokee Indians.Indians and the Tribal Courts
of the Catawba Indian Nation.
(b) Judgments, decrees, and orders specified in subsection (a) of this section shall be given full faith and credit subject to the provisions of G.S. 1C‑1705 and G.S. 1C‑1708 and shall be considered a foreign judgment for purposes of these statutes.
(c) Any limited driving
privilege signed and issued by a Judge or Justice of either the Cherokee
Tribal Courts or Catawba Nation Tribal Courts in accordance with the
applicable provisions of Chapter 20 of the General Statutes and filed in the
Cherokee Tribal Courts Clerk's Office or Catawba Nation Tribal Courts Clerk's
Office shall be valid and given full faith and credit as specified in subsection
(a) of this section. For purposes of this subsection, any reference to the
issuing "judge" or "court" in the applicable provisions of
Chapter 20 of the General Statutes shall be construed to mean the appropriate
Judge or Justice in the Cherokee Tribal Courts or Courts, Catawba Nation
Tribal Courts, or the appropriate Cherokee or Catawba Tribal Court.
"§ 1E‑2. County services.
A county is not compelled to provide services on lands held in trust by the United States for the Eastern Band of Cherokee Indians, except for public health or human services traditionally provided by county agencies and not otherwise assumed by the Eastern Band of Cherokee Indians, unless there is an agreement between the Eastern Band of Cherokee Indians and the county describing each party's responsibilities. The agreement must be approved and signed by the Principal Chief of the Eastern Band of Cherokee Indians on behalf of the Eastern Band of Cherokee Indians and must be signed by the county manager or delegated department head. The agreement may be effective for a definite period of time or an indefinite period of time, as specified in the agreement. Agreements between a county and the Catawba Indian Nation are valid as a matter of State law.
"Article 2.
"Tribal Law Enforcement Authority.
"§ 1E‑10. Tribal law enforcement.
(a) Except for the sections
listed in subsection (b) of this section, Article 13 of Chapter 160A of the
General Statutes is applicable to the Eastern Band of Cherokee Indians.Indians
and Catawba Indian Nation.
(b) The following provisions
of Article 13 of Chapter 160A of the General Statutes shall not apply to the
Eastern Band of Cherokee Indians:Indians and Catawba Indian Nation:
(1) G.S. 160A‑283.
(2) G.S. 160A‑286.
(3) G.S. 160A‑287.
(4) G.S. 160A‑289.1.
"§ 1E‑11. Application and meaning of terms.
For purposes of the application of the applicable provisions of Article 13 of Chapter 160A of the General Statutes, the following terms contained in Article 13 of Chapter 160A of the General Statutes shall be construed as follows:
(1) City. – To mean the
Eastern Band of Cherokee Indians.Indians and Catawba Indian Nation.
(2) Council or governing
body. – To mean the Tribal Council of the Eastern Band of Cherokee Indians.Indians
and the Executive Committee of the Catawba Indian Nation.
(3) City clerk. – To mean the
clerk of the Tribal Council of the Eastern Band of the Cherokee Indians.Indians
or of the Executive Committee of the Catawba Indian Nation.
(4) Corporate limits of the city. – To mean the boundaries of the trust lands of the Eastern Band of the Cherokee Indians or of the Catawba Indian Nation wherever located within the State of North Carolina.
(5) Law enforcement agency or
local law enforcement agency. – To include the Cherokee Police Department, the
Cherokee Marshals Service, the Tribal Alcohol Law Enforcement Division of the
Eastern Band of the Cherokee Indians, and the Natural Resources
Enforcement Agency of the Eastern Band of Cherokee Indians.Indians,
the Catawba Indian Nation Tribal Police Department, and the Catawba Indian
Nation Marshals Service.
"§ 1E‑12. Qualification of law enforcement officers; limitations of authority.
(a) For purposes of this
section, "law enforcement officer" means any person appointed or
employed as (i) Chief of Police of the Cherokee Police Department, Chief of the
Cherokee Marshals Service, Chief of the Tribal Alcohol Law Enforcement Division
of the Eastern Band of the Cherokee Indians, or Chief of the Natural Resources
Enforcement Agency of the Eastern Band of the Cherokee Indians or Indians,
(ii) a police officer, auxiliary police officer, marshal, alcohol law
enforcement agent, reserve alcohol law enforcement agent, or resources officer
with the Cherokee Police Department, the Cherokee Marshals Service, the Tribal
Alcohol Law Enforcement Division of the Eastern Band of the Cherokee Indians,
or the Natural Resources Enforcement Agency of the Eastern Band of the Cherokee
Indians.Indians, (iii) the Chief of the Catawba Indian Nation Tribal
Police Department, or (iv) a police officer, marshal, auxiliary police, or
resources officer with the Catawba Indian Nation Tribal Police Department or
Catawba Indian Nation Marshals Service.
(b) A law enforcement officer shall, prior to the exercise of the officer's authority pursuant to Article 13 of Chapter 160A of the General Statutes, comply with the provisions of Article 1 of Chapter 17C of the General Statutes and any rules or regulations adopted pursuant to the authority of Article 1 of Chapter 17C of the General Statutes. The courts of this State shall have the jurisdiction pursuant to G.S. 17C‑11 to enjoin the Cherokee Police Department, the Cherokee Marshals Service, the Tribal Alcohol Law Enforcement Division of the Eastern Band of Cherokee Indians, the Natural Resources Enforcement Agency of the Eastern Band of the Cherokee Indians, the Catawba Indian Nation Tribal Police Department, Marshals of the Catawba Indian Nation, or any law enforcement officer or agent employed or appointed by the department, agency, or division from exercising any or all of the authority under color of State law conferred by Article 13 of Chapter 160A of the General Statutes if any law enforcement officer or agent of the department, agency, or division fails to meet the required standards established pursuant to Article 1 of Chapter 17C of the General Statutes.
(c) The jurisdiction of a Cherokee law enforcement officer shall be (i) on all property owned by or leased to the Eastern Band of Cherokee Indians located within the trust lands of the Eastern Band of the Cherokee Indians and (ii) during the immediate and continuous flight of an offender in accordance with G.S. 15A‑402(d). The jurisdiction of a Catawba law enforcement officer shall be (i) on all property owned by or leased to the Catawba Indian Nation located within the trust lands of the Catawba Indian Nation and (ii) during the immediate and continuous flight of an offender in accordance with G.S. 15A‑402(d). Neither Eastern Band of Cherokee Indians nor Catawba Indian Nation law enforcement officers shall have jurisdiction on the other's land absent separate agreement of the tribes.
(d) Service as a law enforcement officer shall constitute service as (i) a "criminal justice officer" as defined in G.S. 17C‑2(c) and (ii) a "law enforcement officer" for purposes of Article 12E of Chapter 143 of the General Statutes. For purposes of Article 12E of Chapter 143 of the General Statutes, the term "employer," as defined in G.S. 143‑166.50, shall be construed to include the Eastern Band of Cherokee Indians and Catawba Indian Nation with respect to law enforcement officers.
(e) A law enforcement officer may be enjoined from exercising his authority under color of State law pursuant to Article 13 of Chapter 160A of the General Statutes for the reasons set forth in G.S. 128‑16 and pursuant to the provisions of Article 2 of Chapter 128 of the General Statutes.
(f) Nothing contained in this Chapter or in Article 13 of Chapter 160A of the General Statutes shall be construed as doing any of the following:
(1) Limiting or revoking the authority of the Eastern Band of Cherokee Indians, the Cherokee Police Department, the Cherokee Marshals Service, the Tribal Alcohol Law Enforcement Division of the Eastern Band of the Cherokee Indians, the Natural Resources Enforcement Agency of the Eastern Band of the Cherokee Indians, or any law enforcement officers or other persons appointed or employed by those entities, in the exercise of their inherent powers of self‑government, or exercise of authority conferred by federal law, regulation, or common law.
(1a) Limiting or revoking the authority of the Catawba Indian Nation, the Catawba Indian Nation Tribal Police Department, Catawba Indian Nation Marshals Service, or a police officer, auxiliary police, or resources officer with the Catawba Indian Nation Tribal Police Department or any of the Catawba Nation Tribal Police Department, or any law enforcement officers or other persons appointed or employed by those entities, in the exercise of their inherent powers of self‑government, or exercise of authority conferred by federal law, regulation, or common law.
(2) Modifying, either by way of enlargement or limitation, the jurisdiction of the Cherokee Tribal Courts.
(3) Waiving any sovereign immunity that may otherwise apply.
(g) Nothing contained in this Chapter shall be construed as modifying, either by way of enlargement or limitation, the jurisdiction or authority of any federal, State, or local law enforcement agency, governmental entity, or any of their officers or employees, except the Eastern Band of Cherokee Indians, the Catawba Indian Nation, the Cherokee Police Department, the Catawba Indian Nation Tribal Police Department, the Cherokee Marshals Service, the Marshals of the Catawba Indian Nation, the Tribal Alcohol Law Enforcement Division of the Eastern Band of the Cherokee Indians, the Natural Resources Enforcement Agency of the Eastern Band of the Cherokee Indians, and their law enforcement officers, agents, and employees to the extent set forth in this Chapter.
"Article 3.
"Probation and Parole.
"§ 1E‑20. Cherokee and Catawba Marshals Service.Services.
(a) The Supreme Court of the Eastern Band of Cherokee Indians is authorized to establish a probation and parole agency known as the "Cherokee Marshals Service."
(b) Marshals of the Cherokee Marshals Service shall (i) be required to meet the standards set forth in G.S. 1E‑12 for law enforcement officers and (ii) have the same territorial jurisdiction, powers, and immunities as a law enforcement officer under G.S. 1E‑12.
(c) Notwithstanding any other provision of law, marshals of the Cherokee Marshals Service shall have access to all probation and parole records of the North Carolina Department of Public Safety to the same extent as a probation or post‑release supervision officer of the Department for any person over which the Cherokee Tribal Courts have jurisdiction to proceed in a criminal case and impose a sentence, including a fine, community service, or imprisonment. The Department may enter into a memorandum of understanding addressing the specifics of transferring information to the Cherokee Tribal Courts.
(d) The Catawba Indian Nation is authorized to establish a probation and parole agency.
(e) Marshals of the Catawba Indian Nation shall (i) be required to meet the standards set forth in G.S. 1E‑12 for law enforcement officers and (ii) have the same territorial jurisdiction, powers, and immunities as a law enforcement officer under G.S. 1E‑12.
(f) Notwithstanding any other provision of law, Marshals of the Catawba Indian Nation shall have access to all probation and parole records of the North Carolina Department of Public Safety to the same extent as a probation or post‑release supervision officer of the Department for any person with the Catawba Nation Tribal Courts have jurisdiction to proceed in a criminal case and impose a sentence, including a fine, community service, or imprisonment. The Department may enter into a memorandum of understanding addressing the specifics of transferring information to the Catawba Nation Tribal Courts."
SECTION 2. G.S. 7A‑343 reads as rewritten:
"§ 7A‑343. Duties of Director.
The Director is the Administrative Officer of the Courts, and the Director's duties include all of the following:
…
(13) Prescribe policies and
procedures and establish and operate systems for the exchange of criminal and
civil information from and to the Judicial Department and local, State, and
federal governments and the Eastern Band of Cherokee Indians.Indians
and Catawba Indian Nation.
…."
SECTION 3. G.S. 7A‑343.1 reads as rewritten:
"§ 7A‑343.1. Distribution of copies of the appellate division reports.
(a) The Administrative Officer of the Courts shall, upon request and at the State's expense, distribute such number of copies of the appellate division reports to federal, State departments and agencies, and to educational institutions of instruction, as follows:
Attorney General 5
Utilities Commission 1
Industrial Commission 1
Office of Administrative Hearings 2
Archives and History, Division of 1
Legislative Building Library 2
Justices of the Supreme Court 1 ea.
Judges of the Court of Appeals 1 ea.
Judges of the Superior Court 1 ea.
Clerks of the Superior Court 1 ea.
District Attorneys 1 ea.
Supreme Court of North Carolina Library AS MANY AS
REQUESTED
Appellate Division Reporter 1
University of North Carolina School of Law 5
North Carolina Central University School of Law 5
Duke University School of Law 5
Wake Forest University School of Law 5
Elon University School of Law 5
Campbell University School of Law 5
United States Department of Justice 1
Library of Congress 1
Federal Judges resident in North Carolina 1 ea.
Librarian, Supreme Court of the United States 1
United States Attorneys resident in North Carolina 1 ea.
Supreme Court Library exchange list 1
Cherokee Supreme Court, Eastern Band of
Cherokee Indians 3
Catawba Nation Tribal Courts 3
The copies of reports furnished to each justice of the Supreme Court and judge of the Court of Appeals as set out in the table above may be retained personally by the justice or judge.
(b) A recipient listed in subsection (a) of this section may choose not to receive its copies of the appellate division reports, or choose to receive fewer than the number of copies allotted to it, by notifying the Administrative Officer of the Courts in writing. Should the recipient again wish to receive its full allotment of the appellate division reports, the recipient shall notify the Administrative Officer of the Courts in writing, and the Administrative Officer of the Courts may, in his or her discretion, resume distribution to the recipient."
SECTION 4. G.S. 14‑159.12 reads as rewritten:
"§ 14‑159.12. First degree trespass.
(a) Offense. – A person commits the offense of first degree trespass if, without authorization, the person enters or remains on or in any of the following:
(1) The premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders.
(2) The building of another.
(3) The lands of the Eastern Band of Cherokee Indians after the person has been excluded by a resolution passed by the Eastern Band of Cherokee Indian Tribal Council.
(4) The lands of the Catawba Indian Nation after the person has been excluded by resolution passed by the Catawba Indian Nation Executive Committee.
…."
SECTION 5. Effective July 1, 2025, G.S. 20‑4.01 reads as rewritten:
"§ 20‑4.01. Definitions.
Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:
…
(45) State. – A state,
territory, or possession of the United States, District of Columbia,
Commonwealth of Puerto Rico, a province of Canada, or the Sovereign Nation of
the Eastern Band of the Cherokee Indians with tribal lands, as defined in 18
U.S.C. § 1151, located within the boundaries of the State of North Carolina.
Carolina, or the sovereign Catawba Indian Nation with tribal lands
located within the boundaries of the State of North Carolina. For
provisions in this Chapter that apply to commercial drivers licenses,
"state" means a state of the United States and the District of
Columbia.
…."
SECTION 6. G.S. 20‑79.4 reads as rewritten:
"§ 20‑79.4. Special registration plates.
…
(b) Types. – The Division shall issue the following types of special registration plates:
…
( ) Catawba Indian Nation. – Issuable to a member of the Catawba Indian Nation who presents to the Division a tribal identification card. The plate may bear a phrase or emblem representing the Catawba Indian Nation. The plate authorized by this subdivision is not subject to the provisions of G.S. 20‑79.3A.
…."
SECTION 7. G.S. 20‑79.7 reads as rewritten:
"§ 20‑79.7. Fees for special registration plates and distribution of the fees.
…
(a1) Fees. – All other special registration plates are subject to the regular motor vehicle registration fee in G.S. 20‑87 or G.S. 20‑88 plus an additional fee in the following amount:
Special Plate Additional Fee Amount
Alpha Phi Alpha Fraternity $30.00
ALS Research $30.00
American Red Cross Expired July 1, 2016
Animal Lovers $30.00
Arthritis Foundation Expired July 1, 2016
ARTS NC $30.00
Back Country Horsemen of NC Expired July 1, 2016
Big Rock Blue Marlin Tournament $30.00
Boy Scouts of America Expired July 1, 2016
Brenner Children's Hospital Expired July 1, 2016
Carolina Panthers $30.00
Carolina Raptor Center Expired July 1, 2016
Carolinas Credit Union Foundation Expired July 1, 2016
Carolinas Golf Association $30.00
Coastal Conservation Association Expired July 1, 2016
Coastal Land Trust $30.00
Colorectal Cancer Awareness $30.00
Crystal Coast Expired July 1, 2016
Daniel Stowe Botanical Garden Expired July 1, 2016
El Pueblo Expired July 1, 2016
Farmland Preservation Expired July 1, 2016
First in Forestry $30.00
First Tee Expired July 1, 2016
Girl Scouts Expired July 1, 2016
Greensboro Symphony Guild Expired July 1, 2016
Historical Attraction $30.00
Home Care and Hospice $30.00
Home of American Golf Expired July 1, 2016
Home of the Venus Flytrap $30.00
HOMES4NC $30.00
Hospice Care Expired July 1, 2016
In God We Trust $30.00
Keeping the Lights On $30.00
Kick Cancer for Kids $30.00
Maggie Valley Trout Festival Expired July 1, 2016
Morehead Planetarium Expired July 1, 2016
Morgan Horse Club Expired July 1, 2016
Mountains‑to‑Sea Trail $30.00
Municipality Plate Expired July 1, 2016
NC Civil War Expired July 1, 2016
NC Coastal Federation $30.00
NC FIRST Robotics Expired July 1, 2016
NCSC Expired July 1, 2016
NC Veterinary Medical Association Expired July 1, 2016
National Kidney Foundation Expired July 1, 2016
National Law Enforcement Officers Memorial Expired July 1, 2016
Native Brook Trout $30.00
North Carolina 4‑H Development Fund Expired July 1, 2016
North Carolina Association of Fire Chiefs $30.00
North Carolina Bluegrass Association Expired July 1, 2016
North Carolina Cattlemen's Association Expired July 1, 2016
North Carolina Emergency Management Association Expired July 1, 2016
North Carolina Green Industry Council Expired July 1, 2016
North Carolina Libraries Expired July 1, 2016
North Carolina Paddle Festival Expired July 1, 2016
North Carolina School of Science and Mathematics $30.00
North Carolina Sheriffs' Association $30.00
Operation Coming Home Expired July 1, 2016
Outer Banks Preservation Association Expired July 1, 2016
Pamlico‑Tar River Foundation Expired July 1, 2016
Pancreatic Cancer Awareness Expired July 1, 2016
P.E.O. Sisterhood Expired July 1, 2016
Personalized $30.00
Pilot Mountain State Park $30.00
Pisgah Conservancy $30.00
Red Drum Expired July 1, 2016
Retired Legislator $30.00
RiverLink Expired July 1, 2016
Ronald McDonald House $30.00
Share the Road $30.00
S.T.A.R. Expired July 1, 2016
State Attraction $30.00
Stock Car Racing Theme $30.00
Support NC Education Expired July 1, 2016
Support Our Troops $30.00
Sustainable Fisheries Expired July 1, 2016
Toastmasters Club Expired July 1, 2016
Topsail Island Shoreline Protection Expired July 1, 2016
Travel and Tourism Expired July 1, 2016
Turtle Rescue Team Expired July 1, 2016
United States Service Academy $30.00
Wildlife Resources $30.00
Volunteers in Law Enforcement Expired July 1, 2016
YMCA Expired July 1, 2016
AIDS Awareness Expired July 1, 2016
Buffalo Soldiers Expired July 1, 2016
Charlotte Checkers Expired July 1, 2016
Choose Life $25.00
Collegiate Insignia $25.00
First in Turf Expired July 1, 2016
Goodness Grows Expired July 1, 2016
High School Insignia $25.00
I.B.P.O.E.W. Expired July 1, 2016
Kids First $25.00
National Multiple Sclerosis Society $25.00
National Wild Turkey Federation $25.00
NC Agribusiness Expired July 1, 2016
NC Children's Promise Expired July 1, 2016
NC Surveyors $25.00
Nurses $25.00
Olympic Games $25.00
Professional Engineer Expired July 1, 2016
Rocky Mountain Elk Foundation $25.00
Special Olympics Expired July 1, 2016
Support Soccer $25.00
Surveyor Plate $25.00
The V Foundation for Cancer Research Division $25.00
University Health Systems of Eastern Carolina Expired July 1, 2016
ALS Association, Jim ''Catfish'' Hunter Chapter Expired July 1, 2016
ARC of North Carolina Expired July 1, 2016
Audubon North Carolina Expired July 1, 2016
Autism Society of North Carolina $20.00
Battle of Kings Mountain $20.00
Be Active NC Expired July 1, 2016
Brain Injury Awareness Expired July 1, 2016
Breast Cancer Earlier Detection Expired July 1, 2016
Buddy Pelletier Surfing Foundation $20.00
Concerned Bikers Association/ABATE of North Expired July 1, 2016
Carolina
Daughters of the American Revolution Expired July 1, 2016
Donate Life $20.00
Ducks Unlimited $20.00
Fraternal Order of Police $20.00
Greyhound Friends of North Carolina Expired July 1, 2016
Guilford Battleground Company $20.00
Harley Owners' Group $20.00
International Association of Fire Fighters $20.00
I Support Teachers Expired July 1, 2016
Jaycees Expired July 1, 2016
Juvenile Diabetes Research Foundation $20.00
Kappa Alpha Order Expired July 1, 2016
Litter Prevention $20.00
March of Dimes Expired July 1, 2016
Mission Foundation Expired July 1, 2016
Native American $20.00
NC Fisheries Association Expired July 1, 2016
NC Horse Council $20.00
NC Mining Expired July 1, 2016
NC Tennis Foundation $20.00
NC Trout Unlimited $20.00
NC Victim Assistance Expired July 1, 2016
NC Wildlife Federation Expired July 1, 2016
NC Wildlife Habitat Foundation $20.00
NC Youth Soccer Association Expired July 1, 2016
North Carolina Master Gardener $20.00
Omega Psi Phi Fraternity $20.00
Order of the Eastern Star Prince Hall Affiliated $20.00
Order of the Long Leaf Pine $20.00
Piedmont Airlines $20.00
POW/MIA Bring Them Home $20.00
Prince Hall Mason $20.00
Save the Sea Turtles $20.00
Scenic Rivers Expired July 1, 2016
School Technology Expired July 1, 2016
SCUBA $20.00
Soil and Water Conservation Expired July 1, 2016
Special Forces Association Expired July 1, 2016
US Equine Rescue League Expired July 1, 2016
USO of NC Expired July 1, 2016
Wrightsville Beach $20.00
Zeta Phi Beta Sorority $20.00
Carolina Regional Volleyball Association Expired July 1, 2016
Carolina's Aviation Museum Expired July 1, 2016
Leukemia & Lymphoma Society Expired July 1, 2016
Lung Cancer Research Expired July 1, 2016
NC Beekeepers Expired July 1, 2016
Save the Honey Bee (HB) $15.00
Save the Honey Bee (SB) $15.00
Shag Dancing $15.00
Active Member of the National Guard None
Bronze Star Combat Recipient None
Bronze Star Recipient None
Catawba Indian Nation None
Combat Veteran Expired July 1, 2016
100% Disabled Veteran None
Eastern Band of Cherokee Indians None
Ex‑Prisoner of War None
Gold Star Lapel Button None
Legion of Merit None
Legion of Valor None
Military Veteran None
Military Wartime Veteran None
Partially Disabled Veteran None
Pearl Harbor Survivor None
Purple Heart Recipient None
Silver Star Recipient None
All Other Special Plates $10.00.
…."
SECTION 8. G.S. 70‑13 reads as rewritten:
"§ 70‑13. Archaeological investigations.
…
(d) If a permit issued under
G.S. 70‑13(a) may result in harm to, or destruction of, any
religious or cultural site, as determined by the Department of Natural and
Cultural Resources, in consultation with the Department of Administration,
before issuing such permit, the Department of Natural and Cultural Resources,
in consultation with the Department of Administration, shall notify and consult
with, insofar as possible, a local representative of an appropriate religious
or cultural group. If the religious or cultural site pertains to Native
Americans, the Department of Natural and Cultural Resources, in consultation
with the Department of Administration, shall notify the Executive Director of
the North Carolina Commission of Indian Affairs. The Executive Director of the
North Carolina Commission of Indian Affairs shall notify and consult with the
Eastern Band of Cherokee Cherokee, the Catawba Indian Nation, or
other appropriate tribal group or community. Such notification shall include,
but not be limited to, the following:
(1) The location and schedule of the forthcoming investigation;
(2) Background data concerning the nature of the study; and
(3) The purpose of the investigation and the expected results.
(e) A permit issued under G.S. 70‑13 may be suspended by the Department of Natural and Cultural Resources, in consultation with the Department of Administration, upon the determination that the permit holder has violated any provision of G.S. 70‑15(a) or G.S. 70‑15(b). A permit may be revoked by the Department of Natural and Cultural Resources, in consultation with the Department of Administration, upon assessment of a civil penalty under G.S. 70‑16 against the permit holder or upon the permit holder's conviction under G.S. 70‑15."
SECTION 9. G.S. 70‑32 reads as rewritten:
"§ 70‑32. Consultation with the Native American Community.
(a) If the professional
archaeologist determines that the human skeletal remains are Native American,
the State Archaeologist shall immediately notify the Executive Director of the
North Carolina Commission of Indian Affairs. The Executive Director shall immediately
notify and consult with the Eastern Band of Cherokee Cherokee, the
Catawba Indian Nation, or other appropriate tribal group or community.
…."
SECTION 10. G.S. 70‑51 reads as rewritten:
"§ 70‑51. Archaeological investigations.
…
(d) If the Department of
Natural and Cultural Resources determines that a permit issued under this
section may result in harm to, or destruction of, any religious or cultural
site, the Department of Natural and Cultural Resources, before issuing the
permit, shall notify and consult with, insofar as possible, a local
representative of an appropriate religious or cultural group. If the religious
or cultural site pertains to Native Americans, the Department of Natural and
Cultural Resources shall notify the Executive Director of the North Carolina
Commission of Indian Affairs. The Executive Director of the North Carolina
Commission of Indian Affairs shall notify and consult with the Eastern Band of Cherokee
Cherokee, the Catawba Indian Nation, or other appropriate tribal
group or community. Such notification shall include, but not be limited to, the
following:
(1) The location and schedule of the forthcoming investigation;
(2) Background data concerning the nature of the study; and
(3) The purpose of the investigation and the expected results.
(e) A permit issued under this section may be suspended by the Department of Natural and Cultural Resources upon the determination that the permit holder has violated any condition of the permit."
SECTION 11. G.S. 104‑33 reads as rewritten:
"§ 104‑33. Applicability of Article.
The provisions of this Article
shall not apply to any lands owned by the United States and held in trust for
the Eastern Band of Cherokee Indians, located in Jackson, Swain, Graham, or
Cherokee Counties.Counties or the Catawba Indian Nation."
SECTION 12. G.S. 105‑275 reads as rewritten:
"§ 105‑275. Property classified and excluded from the tax base.
The following classes of property are designated special classes under Article V, Sec. 2(2), of the North Carolina Constitution and are excluded from tax:
…
(48) Real and personal property
located on lands held in trust by the United States for the Eastern Band of
Cherokee Indians, Indians or for the Catawba Indian Nation, regardless
of ownership.
…."
SECTION 13. Article 36C of Chapter 105 of the General Statutes is amended by adding a new section to read:
"§ 105‑449.114A. Authority for agreement with Catawba Indian Nation.
(a) The Catawba Indian Nation possesses sovereign legal rights over its members and its trust lands.
(b) The following definitions apply in this section:
(1) Catawba Chief. – The Chief of the Catawba Indian Nation.
(2) Catawba Council. – The General Council of the Catawba Indian Nation.
(3) Catawba Nation. – The Catawba Indian Nation.
(c) Notwithstanding any other provision of law concerning refunds of motor fuels and alternative fuels taxes, the Department of Revenue may enter into a memorandum of understanding or an agreement with the Catawba Nation to make refunds of motor fuels and alternative fuels taxes to the Catawba Nation in its collective capacity on behalf of its members who reside on or engage in otherwise taxable transactions within Catawba Nation trust lands. The memorandum or agreement shall be approved by the Catawba Council and signed by the Catawba Chief on behalf of the Catawba Nation and shall be signed by the Secretary on behalf of the Department of Revenue. The memorandum or agreement may not affect the right of an individual member of the Catawba Nation to a refund and shall provide for deduction of amounts refunded to individual members of the Catawba Nation from the amounts to be refunded to the Catawba Nation on behalf of all members. The memorandum or agreement may be effective for a definite or indefinite period, as specified in the agreement."
SECTION 14. G.S. 108A‑87 reads as rewritten:
"§ 108A‑87. Allocation of nonfederal shares.
(a) The nonfederal share of the annual cost of each public assistance and social services program and related administrative costs may be divided between the State and counties as determined by the General Assembly and in a manner consistent with federal laws and regulations.
(b) The nonfederal share of the annual cost of public assistance and social services programs and related administrative costs provided to Indians living on federal reservations held in trust by the United States on their behalf shall be borne entirely by the State.
(c) Notwithstanding subsections (a) and (b) of this section, when the Eastern Band of Cherokee Indians or the Catawba Indian Nation assumes responsibility for a program described under G.S. 108A‑25(e), the following shall occur:
(1) Nonfederal matching funds and State funds for State programs designated to Jackson and Swain counties to serve the Eastern Band of Cherokee Indians for programs previously borne by the State shall be allocated directly to the Eastern Band of Cherokee Indians rather than to those counties and shall not exceed the amount expended by the State for fiscal year 2014‑2015 for programs or services assumed by the Eastern Band of Cherokee Indians, as applicable, plus the growth rate equal to the growth in State‑funded nonfederal share for all counties. Any fund sources from which the tribe receives funds directly from federal agencies are excluded from the requirements of this subdivision.
(1a) Nonfederal matching funds and State funds for State programs designated to Cleveland County to serve the Catawba Indian Nation for programs previously borne by the State shall be allocated directly to the Catawba Indian Nation rather than to Cleveland County and shall not exceed the amount expended by the State for programs or services assumed by the Catawba Indian Nation. Any fund sources from which the tribe receives funds directly from federal agencies are excluded from the requirements of this subdivision.
(2) Any portion of nonfederal
matching funds borne by counties for public assistance and social services
programs and related administrative costs shall be borne by the Eastern Band of
Cherokee Indians.Indians or Catawba Indian Nation.
(3) Nothing in this section
shall be construed to prevent the Eastern Band of Cherokee Indians Indians
or Catawba Indian Nation from providing further nonfederal matching funds
to maximize their receipt of federal funds."
SECTION 15. G.S. 108D‑62 reads as rewritten:
"§ 108D‑62. Children and families specialty plan.
(a) The following definitions apply in this section:
(1) Caretaker relative. – As defined in 42 C.F.R. § 435.4.
(2) Child. – A person who is under the age of 18, is not married, and has not been legally emancipated.
(3) Custodian. – As defined in G.S. 7B‑101, or a comparable tribal code.
(4) Foster care. – The
placement of a child who is described in G.S. 108D‑40(a)(14), or a
comparable tribal code, whose custody has been awarded by court order or
pursuant to a voluntary placement agreement from the parent, custodian, or
guardian (i) to the county department of social services or services,
(ii) to the Eastern Band of Cherokee Indians' Department of Public Health
and Human Services.Services, or (iii) to the Catawba Nation
Department of Family and Social Services.
(5) Guardian. – A guardian of the person as defined in G.S. 35A‑1202.
(6) Minor. – A person who is under the age of 18.
(7) Parent. – As defined in 42 C.F.R. § 435.603(b).
(8) Reunification. – As defined in G.S. 7B‑101, or a comparable tribal code.
(9) Sibling. – As defined in 42 C.F.R. § 435.603(b).
…
(d) Unless ineligible under subsection (e) of this section, the following Medicaid recipients shall be eligible to enroll in the CAF specialty plan:
(1) Recipients described in G.S. 108D‑40(a)(14) and their children. The children shall be enrolled in the CAF specialty plan for as long as the parent remains enrolled, unless the parent elects to enroll the child in another plan in accordance with subsection (g) of this section.
(2) Adults identified on an open child protective services in‑home family services agreement case and any minor children living in the same home.
(3) Adults identified in an open Eastern Band of Cherokee Indians Department of Public Health and Human Services Family Safety program case and any children living in the same home.
(3a) Adults identified in an open Catawba Nation Department of Family and Social Services family safety program case and any children living in the same home.
(4) The minor siblings of a child in foster care who lived in the same home as that child at the time of the child's removal and with whom household reunification or permanency efforts are ongoing.
(5) Recipients who have a child temporarily in foster care if all of the following are met:
a. A court of competent jurisdiction has not found that aggravated circumstances exist in accordance with G.S. 7B‑901(c) or a comparable tribal code.
b. A court of competent jurisdiction has not found that a plan of reunification would be unsuccessful or would be inconsistent with the child's health or safety in accordance with G.S. 7B‑906.1(d) or a comparable tribal code.
c. A court of competent jurisdiction has not found that custody or guardianship with the caretaker relative is an inappropriate permanent plan for the juvenile under G.S. 7B‑906.2(a)(3), G.S. 7B‑906.2(a)(4), or a comparable tribal code.
d. The recipient is any of the following:
1. A parent.
2. A caretaker relative.
3. A custodian.
4. A guardian.
(6) Any other recipients who have had involvement with the child welfare system and whom the Department has determined would benefit from enrollment in the CAF specialty plan.
…."
SECTION 16. G.S. 113‑276 reads as rewritten:
"§ 113‑276. Exemptions and exceptions to license and permit requirements.
…
(l) The fishing
license provisions of this Article do not apply upon the lands held in trust by
the United States for the Eastern Band of the Cherokee Indians.Indians
or the Catawba Indian Nation.
(l1) The licensing
provisions of this Article do not apply to a member of an Indian tribe
recognized under Chapter 71A of the General Statutes or a federally
recognized Indian tribe with trust lands in North Carolina for purposes of
hunting, trapping, or fishing on tribal land. A person taking advantage of this
exemption shall possess and produce proper identification confirming the
person's membership in a State‑recognized tribe or Indian tribe with
trust lands in North Carolina upon request by a wildlife enforcement
officer. For purposes of this section, "tribal land" means only real
property owned by an Indian tribe recognized under Chapter 71A of the General Statutes.Statutes
or a federally recognized Indian tribe.
…."
SECTION 17. G.S. 115C‑210.1 reads as rewritten:
"§ 115C‑210.1. Membership – How appointed.
…
(b) American
Indian members of the Council shall be broadly representative of North
Carolina federally recognized North Carolina Indian tribes and organizations,
organizations and North Carolina State‑recognized tribes and
organizations (Coharie Tribe, Eastern Band of the Cherokee Nation, Catawba Indian Nation, Haliwa‑Saponi
Indian Tribe, Lumbee Tribe of North Carolina, Meherrin Indian Tribe, Occaneechi
Band of the Saponi Nation, Sappony, Waccamaw Siouan Tribe, Cumberland County
Association for Indian People, Guilford Native American Association, Metrolina
Native American Association, Triangle Native American Society, and any other
Indian tribe gaining State recognition in the future), and of the parents
and educators from tribes recognized by the United States Department of the
Interior, Bureau of Indian Affairs."
SECTION 18. G.S. 115C‑270.21 reads as rewritten:
"§ 115C‑270.21. Licensure exception for Cherokee and Catawba language instruction.
(a) Upon the recommendation
of the Superintendent of Public Instruction, the State Board of Education shall
enter into a memorandum of understanding (MOU) with the Eastern Band of
Cherokee Indians specifying the criteria that must be met in order for individuals
to teach Cherokee language and culture classes. classes or with the
Catawba Indian Nation specifying the criteria that must be met in order for
individuals to teach Catawba language and culture classes. Notwithstanding
any other provision of law, individuals approved to teach in accordance with an
MOU entered into pursuant to this section shall be authorized to teach Cherokee
or Catawba language and culture classes without a license.
(b) A memorandum of understanding entered into under this section shall at least include the following:
(1) Requirements for approval
of individuals employed under this section, including a requirement that the
individual has demonstrated mastery of the Cherokee or Catawba language
through a credential issued by the Eastern Band of Cherokee Indians.Indians
or the Catawba Indian Nation, respectively.
(2) A three‑year approval period, which may be renewed, for individuals employed under this section.
(3) Authority of the Superintendent of Public Instruction or the Superintendent's designee to approve and renew approval of individuals employed under this section, subject to the requirements of the memorandum of understanding.
(4) Requirements for renewing approval of individuals employed under this section after three years.
(5) A clear statement that an individual authorized to teach pursuant to this section shall not be permitted to provide instruction in other content areas unless the individual possesses a license issued in accordance with G.S. 115C‑270.20."
SECTION 19. G.S. 115D‑5 reads as rewritten:
"§ 115D‑5. Administration of institutions by State Board of Community Colleges; personnel exempt from North Carolina Human Resources Act; extension courses; tuition waiver; in‑plant training; contracting, etc., for establishment and operation of extension units of the community college system; use of existing public school facilities.
…
(b) In order to make instruction as accessible as possible to all citizens, the teaching of curricular courses and of noncurricular extension courses at convenient locations away from institution campuses as well as on campuses is authorized and shall be encouraged. A pro rata portion of the established regular tuition rate charged a full‑time student shall be charged a part‑time student taking any curriculum course. In lieu of any tuition charge, the State Board of Community Colleges shall establish a uniform registration fee, or a schedule of uniform registration fees, to be charged students enrolling in extension courses for which instruction is financed primarily from State funds. The State Board of Community Colleges may provide by general and uniform regulations for waiver of tuition and registration fees for the following:
(1) Persons not enrolled in elementary or secondary schools taking courses leading to a high school diploma or equivalent certificate.
(2) Courses requested by the following entities that support the organizations' training needs and are on a specialized course list approved by the State Board of Community Colleges:
a. Volunteer fire departments.
b. Municipal, county, or State fire departments.
c. Volunteer EMS or rescue and lifesaving departments.
d. Municipal, county, or State EMS or rescue and lifesaving departments.
d1. Law enforcement, fire, EMS or rescue and lifesaving entities serving a lake authority that was created by a county board of commissioners prior to July 1, 2012.
e. Radio Emergency Associated Communications Teams (REACT) under contract to a county as an emergency response agency.
f. Municipal, county, or State law enforcement agencies.
f1. Campus police agencies of private institutions of higher education certified by the Attorney General pursuant to Chapter 74G of the General Statutes.
g. The Division of Prisons of the Department of Adult Correction and the Division of Juvenile Justice of the Department of Public Safety for the training of full‑time custodial employees and employees of the Divisions required to be certified under Article 1 of Chapter 17C of the General Statutes and the rules of the Criminal Justice and Training Standards Commission.
h. Repealed by Session Laws 2017‑186, s. 2(hhhhh), effective December 1, 2017.
i. The Eastern Band of Cherokee Indians and the Catawba Indian Nation law enforcement, fire, EMS or rescue and lifesaving tribal government departments or programs.
j. The Criminal Justice Standards Division of the Department of Justice for the training of criminal justice professionals, as defined in G.S. 17C‑20(6), who are required to be certified under (i) Article 1 of Chapter 17C of the General Statutes and the rules of the North Carolina Criminal Justice Education and Training Standards Commission or (ii) Chapter 17E of the General Statutes and the rules of the North Carolina Sheriffs' Education and Training Standards Commission. The waivers provided for in this sub‑subdivision apply to participants and recent graduates of the North Carolina Criminal Justice Fellows Program to obtain certifications for eligible criminal justice professions as defined in G.S. 17C‑20(6).
…."
SECTION 20. G.S. 143‑254.2 reads as rewritten:
"§ 143‑254.2. Enforcement of local laws.
(a) It shall be the duty and responsibility of the North Carolina Wildlife Resources Commission to enforce all local acts heretofore or hereinafter enacted respecting game animals, fur‑bearing animals and birds, including local acts which prohibit or restrict hunting from, to or across public roads and highways and including local acts which prohibit or restrict the taking of specified animals or birds.
Provided, however, that the
provisions of this section shall not apply on the lands of the Eastern Band of
Cherokee Indians.Indians or the Catawba Indian Nation.
(b) The provisions of this section shall not be construed to require the hiring of additional personnel by the North Carolina Wildlife Resources Commission."
SECTION 21. G.S. 143‑652.2 reads as rewritten:
"§ 143‑652.2. The North Carolina Boxing and Combat Sports Commission.
(a) Creation. – The North
Carolina Boxing and Combat Sports Commission is created for the purposes set
forth in G.S. 143‑652.1. The Commission shall be administratively
located within the Department of Public Safety, but shall exercise its powers
independently of the Secretary of Public Safety. The Commission shall consist
of six seven voting members and two nonvoting advisory members.
All the members shall be residents of North Carolina. The members shall be
appointed as follows:
(1) Two voting members shall be appointed by the Governor for an initial term of two years.
(2) One voting member shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate for an initial term of three years.
(3) One voting member shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives for an initial term of three years.
(4) One voting member shall be appointed by the Secretary of Public Safety for an initial term of three years.
(5) Repealed by Session Laws 2019‑203, s. 12(c), effective October 1, 2019. For applicability date, see notes.
(6) One voting member shall be appointed by the Governor for an initial term of three years, from nominations made by the Tribal Council of the Eastern Band of the Cherokee, which shall nominate three individuals for the position.
(6a) One voting member shall be appointed by the Governor for an initial term of three years, from nominations made by the Executive Committee of the Catawba Indian Nation, which shall nominate three individuals for the position.
(7) One nonvoting advisory member shall be appointed by the Speaker of the House of Representatives for an initial term of one year, from nominations made by the North Carolina Medical Society, which shall nominate two licensed physicians for the position.
(8) One nonvoting advisory member shall be appointed by the President Pro Tempore of the Senate for an initial term of one year, from nominations made by the North Carolina Medical Society, which shall nominate two licensed physicians for the position.
Appointments by the General Assembly pursuant to subdivisions (2) and (3) of this subsection shall be made in accordance with G.S. 120‑121. The member appointed pursuant to subdivision (6) of this subsection may serve on the Commission only if an agreement exists and remains in effect between the Tribal Council of the Eastern Band of the Cherokee and the Commission authorizing the Commission to regulate professional boxing matches within the Cherokee Indian Reservation as provided by the Professional Boxing Safety Act of 1996.
The two nonvoting advisory members appointed pursuant to subdivisions (7) and (8) of this subsection shall advise the Commission on matters concerning the health and physical condition of boxers and health issues relating to the conduct of exhibitions and boxing matches. They may prepare and submit to the Commission for its approval any rules that in their judgment will safeguard the physical welfare of all participants engaged in boxing.
Terms for all members of the Commission except for the initial appointments shall be for three years.
The Governor shall designate which member of the Commission is to serve as chair. A member appointed pursuant to subdivision (1) or (6) of this subsection shall serve at the Governor's pleasure. The other members of the Commission may be removed from office by the member's appointing authority for cause. Members of the Commission are subject to the conflicts of interest requirements of 15 U.S.C. § 6308 (contained in the Professional Boxing Safety Act of 1996, as amended). Each member, before entering upon the duties of a member, shall take and subscribe an oath to perform the duties of the office faithfully, impartially, and justly to the best of the member's ability. A record of these oaths shall be filed in the Department of Public Safety.
…."
SECTION 22. G.S. 143B‑135.5 reads as rewritten:
"§ 143B‑135.5. American Indian Heritage Commission established.
(a) Creation and Duties. – There is created the American Indian Heritage Commission in the Department of Natural and Cultural Resources. The Commission shall advise and assist the Secretary of Natural and Cultural Resources in the preservation, interpretation, and promotion of American Indian history, arts, customs, and culture. The Commission shall have the following powers and duties:
(1) Assist in the coordination of American Indian cultural events.
(2) Advise the Secretary of Natural and Cultural Resources on the oversight and management of all State‑managed American Indian historic sites.
(3) Promote public awareness of the annual American Indian Heritage Month Celebration.
(4) Encourage American Indian cultural tourism throughout the State of North Carolina.
(5) Advise the Secretary of Natural and Cultural Resources upon any matter the Secretary may refer to it.
(b) Members. – The
Commission shall consist of 12 13 members. The initial board
shall be selected on or before February 1, 2022, as follows:
(1) One representative recommended by each of the following tribes: Catawba Indian Nation, Coharie, Eastern Band of Cherokee Indians, Haliwa‑Saponi, Lumbee, Meherrin, Occaneechi Band of the Saponi Nation, Sappony, and Waccamaw‑Siouan.
(2) One representative recommended by each of the following organizations: Cumberland County Association for Indian People, Guilford Native American Association, Metrolina Native American Association, and the Triangle Native American Society.
(c) Terms. – The members recommended by the Catawba Indian Nation, Coharie, Eastern Band of Cherokee Indians, Haliwa‑Saponi, and Lumbee Tribes and the members recommended by the Cumberland County Association for Indian People and the Guilford Native American Association shall serve initial terms of two years expiring on June 30, 2023. The members recommended by the Meherrin, Occaneechi Band of the Saponi Nation, Sappony, and Waccamaw‑Siouan Tribes and the members recommended by the Metrolina Native American Association and the Triangle Native American Society shall serve initial terms of three years expiring on June 30, 2024. Upon the expiration of the terms of the initial members of the Commission, each member shall be appointed to terms for three years and shall serve until a successor is appointed.
…."
SECTION 23. G.S. 143B‑1406 reads as rewritten:
"§ 143B‑1406. Fund distribution to PSAPs.
…
(g1) Application to Catawba. – The Catawba Indian Nation is an eligible PSAP. The Executive Committee of the Catawba Indian Nation is the local entity for purposes of this section. The Executive Committee must give the 911 Board information adequate to determine the Catawba's base amount. The 911 Board must use the most recent federal census estimate of the population living on Catawba Indian Nation lands to determine the per capita distribution amount.
(h) Every local government shall participate in a 911 system. The establishment and operation of regional PSAPs shall be a coordinated effort among local governments, local government agencies, and the Board. Nothing in this Article prohibits or discourages in any way the formation of regional PSAPs.
(i) Application to Major Military Installations. – If a PSAP is a party to an intergovernmental support agreement under 10 U.S. Code Section 2679 which includes a PSAP operated by a major military installation, as defined in G.S. 143‑215.115, the 911 Board shall treat the population of the major military installation as part of the population of the PSAP and shall treat the intergovernmental support agreement under 10 U.S. Code Section 2679 as an interlocal agreement under sub‑subdivision (a)(3)e. of this section for purposes of funding any city or county that is a party to the intergovernmental support agreement under the funding formula under subdivision (a)(3) of this section."
SECTION 24. G.S. 164‑7 reads as rewritten:
"§ 164‑7. Statutes not repealed.
The General Statutes of North Carolina shall not have the effect of repealing statutes or provisions of statutes which affect only a particular locality, public‑local or private statutes, statutes exempting pending litigation from operation of statutes, statutes relating to the boundary of the State or of any county, acts ceding or relating to the ceding of lands of the State to the federal government, statutes relating to the Cherokee or Catawba lands, statutes relating to the construction or interpretation of statutes, statutes by virtue of which bonds have been issued and are outstanding on the effective date of the General Statutes, validating acts or curative statutes, or acts granting pensions to named individuals if such statutes were in force on the effective date of the General Statutes."
SECTION 25. Unless otherwise provided, this act is effective when it becomes law.