By SCOTT MCKIE B.P.
One Feather Asst. Editor
The Lumbee Tribe of North Carolina, a state recognized group, has been seeking federal acknowledgement as an Indian tribe for decades, and the Eastern Band of Cherokee Indians (EBCI) has opposed this since day one.
Recently, EBCI leaders went to Washington, D.C. to express their concerns with current legislation (Lumbee Fairness Act) that would grant the Lumbee federal acknowledgement through Congress rather than through the process established by the OFA (Office of Federal Acknowledgement).
EBCI Ugvwiyuhi (Principal Chief) Michell Hicks said in a statement to the One Feather, “On our recent trip to Washington, D.C., Tribal leadership joined with other Tribal Nations to address the dangerous precedent of the Lumbee Recognition Act, which would set bad policy by allowing groups to bypass the federal acknowledgment process. This process has been funded by the House and Senate since 1978. We remain focused and ready to defend the integrity of the federal recognition process and our sovereignty.”
He added, “Recognition is about historical truths and accountability. Attempts to shortcut this process not only threaten the EBCI but also undermine the sovereignty of all Tribal Nations in the U.S. We will continue to monitor this legislation and stand against groups who seek to exploit the system for personal or political gain.”
The Office of Federal Acknowledgement (OFA) is located within the Office of the Assistant Secretary – Indian Affairs. According to information from the OFA, “By applying anthropological, genealogical, and historical research methods, OFA reviews, verifies, and evaluates groups’ petitions for federal acknowledgment as Indian Tribes.”
As of Monday, Nov. 18, 2024, there are 11 groups with petitions before the OFA including: Southern Sierra Miwuk Nation (Calif.), Amah Mutsun Band of Ohlone/Costanoan Indians (Calif.), Grand River Bands of Ottawa Indians (Mich.), Muscogee Nation of Florida (Fla.), Piro/Manso/Tiwa Indian Tribe of the Pueblo of San Juan Guadalupe (N.M.), Schaghticoke Indian Tribe (Conn.), Butte Tribe of Bayou Bourbeaux (La.), Fernando Tataviam Band of Mission Indians (Calif.), Chihene Nde Nation of New Mexico (N.M.), Tripanick Nansemond Family Indian Tribe (Kan.), and the Salinan Tribe of Monterey and San Luis Obispo Counties (Calif.).
There are seven criteria that the OFA uses in determining whether to grant a group federal acknowledgement as laid out in federal law (25 CFR 83.11). They are as follows:
- Indian entity identification. The petitioner has been identified as an American Indian entity on a substantially continuous basis since 1900. Evidence that the group’s character as an Indian entity has from time-to-time been denied will not be considered to be conclusive evidence that this criterion has not been met…
- Community. The petitioner comprises a distinct community and demonstrates that it existed as a community from 1900 until the present. Distinct community means an entity with consistent interactions and significant social relationships within its membership and whose members are differentiated from and distinct from nonmembers…
- Political influence or authority. The petitioner has maintained political influence or authority over its members as an autonomous entity from 1900 until the present…
- Governing document. The petitioner must provide (1) a copy of the entity’s present governing document, including its membership criteria; or (2) in the absence of a governing document, a written statement describing in full its membership criteria and current governing procedures.
- Descent. The petitioner’s membership consists of individuals who descend from a historical Indian tribe or from historical Indian tribes that combined and functioned as a single autonomous political entity.
- Unique membership. The petitioner’s membership is composed primarily of persons who are not members of any federally recognized Indian tribe. However, a petitioned may be acknowledged even if its membership is composed principally of persons whose names have appeared on rolls of, or who have been otherwise associated with, a federally recognized Indian tribe, if the petitioner demonstrates that: (1) it has functioned as a separate politically autonomous community by satisfying criteria in paragraphs (b) and (C) of this section; and (2) its members have provided written confirmation of their membership in the petitioner.
- Congressional termination. Neither the petitioner nor its members are the subject of congressional legislation that has expressly terminated or forbidden the federal relationship. The Department must determine whether the petitioner meets this criterion, and the petitioner is not required to submit evidence to meet it.
Congressman Chuck Edwards (R-N.C.) spoke of the floor of the U.S. House of Representatives on Sept. 25 in opposition to the Lumbee Recognition Act and in favor of groups going through the OFA process.
“For over 40 years, the Department of the Interior has carried out a merit-based process, as set out by Congress and administered by the Office of Federal Acknowledgement (OFA), to make determinations on federal recognition of tribes. If the administration or Congress allows the Lumbee to bypass the OFA, 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 is designed to provide.”
His remarks continued, “If there was actual merit behind the Lumbee case for federal recognition, they’d go through the OFA process as set out in the law. But, as they know, it won’t hold up under a deliberative process, they’ve instead sought to get special treatment through other avenues, all in the face of credible opposition by multiple federally recognized tribes.”
On Feb. 16, 2023, Senators Thom Tillis (R-N.C.) and Ted Budd (R-N.C.) introduced S.521 (Lumbee Fairness Act). In a statement at that time, Sen. Tillis commented, “More than six decades ago, Congress made a promise to recognize the Lumbee Tribe, but then failed to keep it. I’m committed to making sure the Lumbees finally get the full recognition they deserve.”
An identical bill (H.R. 1101) was introduced into the U.S. House of Representatives on the same day by Congressman David Rouzer (R-N.C.). In a statement at that time, he noted, “For generations, the Lumbee have fought for full recognition and tribal sovereignty that is long overdue. I’m proud to champion the Lumbee Fairness Act in the 118th Congress and will continue working to help the Tribe receive the federal protections they are due, including access to the same resources as every other federally recognize tribe.”
S.521 was referred to the Senate Committee on Indian Affairs on Feb. 16, 2023, and H.R. 1101 was referred to the House Subcommittee on Indian and Insular Affairs on March 22, 2023. That is the last official action on both bills.
