TUSCARORA NATION OF NORTH CAROLINA
U.S. Department of Interior - Office of Indian Affairs BIA Record, Lawrence Maynor. Lawrence Maynor and his ancestors were federally acknowledged as Federal Indians by the U.S. Department of Interior - Bureau of Indian Affairs pursuant to the June 18,
1934 Indian Reorganization Act, Howard Wheeler Act, U.S. Federal Legislation. This law was passed and enacted by the 73rd United States Congress on June 18, 1934 as the Indian Reorganization Act (IRA), Public Law 73-383, U.S.C. United States Code 48 Stat. 984, Section 19. Codified 25 U.S.C. Indians. The major provision of this Congress Act was to authorize official federal acknowledgement of Indians and to allow American Indians to locally govern their own Indian affairs by a Tribal Government. Tuscarora Indians are federally acknowledged pursuant to the 1934 Federal Indian Reorganization Act.
Lawrence Maynor, Appellant, v. Rogers C. B. Morton, Secretary, U.S. Department of the Interior, 510 F.2d 1254 (D.C. Cir. 1975).
Maynor filed an action for declaratory judgment under 28 U.S.C. §§ 1331 and 2201 to establish his eligibility for benefits under the Indian Reorganization Act (IRA). In addition to the IRA, one other statute is involved, the so-called Lumbee Act of 7 June 1956. Lawrence Maynor was one of the Tuscarora Indians who was federally acknowledged by the U.S. Department of Interior- Office of Indian Affairs in and around Robeson County, North Carolina. In 1934, the Indian Reorganization Act (IRA) was passed by the United State Congress. The pertinent provision of this comprehensive Act is the clause defining the term in Section 19 "Indian:" All persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation, and shall further include all other persons of one-half or more Indian blood. Maynor and other Tuscarora Indians was certified as being Indian by the Office of Indian Affairs in 1938. to the Commissioner of Indian Affairs from then Assistant Solicitor Felix S. Cohen, who later authored the Treatise Federal Indian Law (1943).
The Tuscarora Indians were federally acknowledge pursuant to the 1934 Indian Reorganization Act (IRA), 48 Stat 984, Sec. 19, also called Wheeler–Howard Act, (June 18, 1934), measure enacted by the U.S. Congress, was federally directed and signed by the U.S. President Franklin Roosevelt at increasing Sovereignty and Indigenous Rights with federal services to American Indians, Tribes, and Indian Affairs Programs concerning increasing Indian self-government and to have trust responsibility. The Indian Reorganization Act remains the basis of federal legislation concerning Indian affairs. Section 19 of the IRA reads as follows: The term "Indian" as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all person who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any reservation, and shall further include all other persons of one-half or more Indian blood. For the purposes of this Act, Eskimos and other aboriginal peoples of Alaska shall be considered Indians. The term "tribe" wherever used in this Act shall be construed to refer to any Indian tribe, organized band, pueblo, or the Indians residing on one reservation. The words "adult Indians" wherever used in this Act shall be construed to refer to Indians who have attained the age of 21 years.
On August 27, 1976, the President's Office in the White House, Washington, DC, sent this letter to Mr. Reid Chambers, the Associate Solicitor General for the U.S. Office of Indian Affairs during the two U.S. Presidents Nixon and Ford Administration.
This letter confirmed that the U.S. Presidential Office evidently identified several bands of Tuscaroras in North Carolina.
On September 26, 1975, the United States Department of Interior, Bureau of Indian Affairs Director, Harry Rainbolt sent the BIA Letter to Lumberton and Maxton, North Carolina to outline federal tribal services for the remaining Tuscaroras and for payment to build Tribal Houses for the Tuscarora Indians in Robeson County, North Carolina. Today, the federal Bureau of Indian Affairs (BIA)'s Tribal houses are still under the federal jurisdiction of the U.S. Department of Interior and lands under the abstract title of trust in North Carolina.
On June 30, 1978, the Letter by A. Bruce Jones, the Executive Director of the North Carolina Commission of Indian Affairs, Department of Administration, to the Director of the United States Department of Interior, Office of Indian Services, Bureau of Indian Affairs.
The Office of Federal Acknowledgement BIA Comment Files indicates and confirms the Tuscarora Nation as one of the five Tribes in the State of North Carolina in 1978.
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