By SCOTT MCKIE B.P.
One Feather Asst. Editor
Cards bearing the logo of the United Indian Nations of Oklahoma (UINO) were distributed during a General Assembly meeting at the 81st Annual National Congress of American Indians (NCAI) Convention and Marketplace on Tuesday, Oct. 29 and caused a stir within the organization. The cards rebutted the history and recognition efforts of the state-recognized Lumbee Tribe of North Carolina.
The card reads as follows:
“The Dangers of Legislative Recognition (sic) for Lumbee
- Shifting claims of tribal ancestry
- Claims to Native ancestry rely on speculation, not historically or genealogically verifiable information
- Lumbee would be the only group to receive recognition without identifying any specific tribe from which they descend.
- Lower recognition standards will open doors for false groups and have profound consequences for legitimate tribes’ cultural resources, sacred places, and ancestral remains.”
NCAI President Mark Macarro released the following statement on Wednesday, Oct. 30, “It has come to our attention that inflammatory materials were distributed this morning during the Second General Assembly without the consent or approval of the National Congress of American Indians. This is a violation of the code of conduct by which all members are bound. It is an unacceptable breach of the standards and spirit of community, consensus, and inclusion that NCAI works hard to promote and safeguard. We regret and apologize for the divisiveness this unethical action has caused. We also apologize to the Lumbee Tribe of North Carolina for this insult.”
The Eastern Band of Cherokee Indians (EBCI) has long opposed Lumbee recognition. In a statement released on Friday, Nov. 1, (EBCI) Ugvwiyuhi (Principal Chief) Michell Hicks gave his thoughts on the subject. “The Eastern Band of Cherokee Indians supports the careful research and report that clarifies the Lumbee group’s origins sponsored by the United Indian Nations of Oklahoma (UINO). We want to thank UINO Chairman and Shawnee Nation Chief Ben Barnes and the tribal nations in Oklahoma for their strong leadership on the issue of protecting tribal identity, tribal cultural sovereignty, and government-to-government relations between historical tribal nations and the United States.”
The statement continued, “The expert report regarding Lumbee origins provides an evenhanded, fact-based analysis of a vitally important issue for tribal nations today. It brings necessary facts and analysis to this issue, rather than the politics of eastern North Carolina and the emotions of politicians counting numbers rather than the true historical facts of a Tribe around land base, language, historical treaties rights, customs, and traditions. Tribal nations deserve a serious discussion about federal recognition issues rather than political hyperbole.”
Ugvwiyuhi Hicks went on to state, “We stand with UINO and many other tribal nations in defense of tribal sovereignty. The Eastern Band of Cherokee has repeatedly stated that federal acknowledgement warrants a careful- merit-based and meticulous process that is thorough before being considered by the Office of Federal Acknowledgment at the Department of the Interior.”
In June, the EBCI hosted the NCAI Mid-Year Conference and Marketplace which was held at Harrah’s Cherokee Casino Resort Event Center in Cherokee, N.C. The EBCI has opposed state-recognized tribal groups, such as the Lumbee, being allowed to be voting members of NCAI.
Bill Taylor, EBCI governmental affairs liaison, spoke on that issue during the Southeast Caucus meeting on the morning of Tuesday, June 4 as part of that Mid-Year Conference and Marketplace. “We’re being accused of being bullies. No, we’re being personally attacked. There’s a group in this room who claimed to be Cherokee for 50 years – not so.”
During the Annual NCAI meeting in 2023 in New Orleans, La., the EBCI, along with the Shawnee Tribe, sought a constitutional amendment for the NCAI that would have barred state-recognized tribes from voting membership. The amendment did not pass.
The card distributed at NCAI contains a QR Code linking to a study on UINO’s website. The study, by Jean M. Kelley, M.A., is entitled “Analysis of Lumbee Historical and Genealogical Claims”. Read the full study here.
In the 19-page report, Kelley states, “The totality of Lumbee claims lacks properly attributed historical documentation and relies on speculative connections rather than verified facts.”
She goes on to write, “Historical records do not support the Lumbee assertion that they were hiding out in the swamps of Robeson County for 100 years. The Lumbee have adopted various and inconsistent tribal identifies, including ‘Cherokee Indians of Robeson County’ and ‘Siouan Indians’, reflecting an opportunistic approach rather than a deep-rooted historical identity.”
The Lumbee Fairness Act (S.521), introduced by Senators Thom Tillis (R-N.C.) and Ted Budd (R-N.C.) on Feb. 16, 2023, is currently in the Senate Committee on Indian Affairs. An identical bill (H.R.1101), introduced by Rep. David Rouzer (R-N.C.) on Feb. 17, 2023, is in the House Subcommittee on Indian and Insular Affairs.
On the day the Bill was introduced, Sen. Tillis said in a statement, “More than six decades ago, Congress made a promise to the Lumbee Tribe, but then failed to keep it. I’m committed to making sure the Lumbees finally get the full recognition they deserve.”
Sen. Budd stated, “The more than 60,000 North Carolina members of the Lumbee Tribe have waited decades for federal recognition. They deserve the same rights, privileges, and respect granted to other Native American tribes throughout our country.”
Rep. Chuck Edwards (R-N.C.) spoke against the bills on the House floor on Sept. 25, 2024. “If the administration or Congress allows the Lumbee to bypass the OFA (Office of Federal Acknowledgment), it sends a clear message that other groups with dubious claims for tribal recognition can also avoid the deliberation and scrutiny that the OFA petition process is designed to provide. We need the OFA process to protect Indian Country and the public. The process requires verification that the persons who claim to be tribal members actually have Native American descent. Believe it or not, the OFA has determined that some petitioning groups are comprised entirely of people that cannot demonstrate Native American ancestry – not a single person.”