By SCOTT MCKIE B.P.
One Feather Asst. Editor
The Lumbee Fairness Act (H.R. 1101), which would have granted federal recognition to the Lumbee Tribe of North Carolina – a state-recognized group, died in the 118th Congress. Now, two identical bills have been introduced into the 119th Congress, and President Donald J. Trump has entered the fray with a memorandum.
President Trump signed a memorandum on Thursday, Jan. 23, 2025 regarding the issue. Information from the White House states, “The memorandum establishes that it is the policy of the United States to support federal recognition and full tribal benefits for the Lumbee Tribe of North Carolina. It directs the Secretary of the Interior to submit a plan to assist the Lumbee Tribe in obtaining full federal recognition through legislation or other available mechanisms, including the right to receive full federal benefits.”
Ugvwiyuhi (Principal Chief) Michell Hicks issued the following statement on Jan. 23, 2025 in response to President Trump’s memorandum:
“We understand President Trump’s desire to conduct due diligence in exploring federal recognition for the Lumbee. That instinct is correct – facts relating to tribal history and existence of Indian ancestry must be at the heart of any federal recognition decision. Recognition is a profound act with far-reaching consequences, and it must be based on objective evaluations of provable historical and genealogical evidence to protect the integrity of tribal nationhood.
While the President directs the Department of the Interior to develop a plan for exploring pathways to recognition – through legislative, judicial, or administrative processes – it does not grant federal recognition to the Lumbee Tribe. Nor does it override or bypass the established Office of Federal Acknowledgment (OFA) process. Instead, it signals the need for a thoughtful and structured review of the Lumbee’s claims, which we believe must be conducted under the rigorous standards of the OFA.
The Lumbees have a history of shifting claims, including claiming Cherokee ancestry and other historical tribes, and experts have repeatedly found that their claims cannot be verified through historical or genealogical evidence. Any process for evaluating the Lumbee’s claims must be rooted in objective standards and a thorough, evidence-based review. Self-identification and sincere belief of Indian ancestry, while meaningful on a personal level, cannot mean tribal nationhood and sovereignty.
We continue to believe that the OFA process is the proper venue to consider recognition for the Lumbee and any other group claiming to be a tribe. This process was established to provide a fair, transparent, and rigorous mechanism for determining whether a group comprised of Indian ancestry from historical tribes. By grounding decisions in demonstrable facts rather than shifting narratives or political considerations, the OFA protects the integrity of all tribes.
Federal recognition must be approached with seriousness and respect for facts and evidence. Anything less risks reducing recognition to a political tool, undermining the sovereignty of tribes with treaty and trust relations with the United States and the trust of the American people.
We urge the Department of the Interior to ensure that due diligence and factual analysis guide their recommendations to President Trump. Protecting the integrity of federal recognition is critical—not just for the American people but also for the hundreds of tribal nations whose sovereignty must not be put at risk.”
The legislation (S. 107) for the 119th Congress was introduced in the Senate on Thursday, Jan. 16, 2025 by Senators Thom Tillis (R-N.C.) and Ted Budd (R-N.C.). An identical bill (H.R. 474) was introduced in the House of Representatives by Congressmen David Rouzer (R-N.C.) and Mark Harris (R-N.C.). S.107 was referred to the Committee on Indian Affairs, and H.R. 474 was referred to the House Committee on Natural Resources.
In a press release, Sen. Tillis commented, “There is clearly strong bipartisan support for this effort in Congress, and both President Biden and President-elect Trump firmly back recognition. This bill has passed the House with overwhelming bipartisan support over the past three Congresses. I will continue to pursue all options to finally achieve full federal recognition for the Lumbee Tribe.”
Rep. Rouzer said in a press release, “For far too long, the Lumbee Tribe has been wrongfully denied federal recognition – but now more than ever we are closer to that goal. Last Congress, members across the aisle overwhelmingly supported giving full federal recognition and rights to the Lumbee Tribe – and we can’t lose that momentum now.”
This issue has been before Congress before. Following are the results of Lumbee recognition bills from the past 10 Congresses alone. The bills passed in the House would subsequently die in the Senate.
- The Lumbee Recognition Act (H.R. 2758), in the 117th Congress, passed the House by a vote of 357-59 on Nov. 1, 2021.
- The Lumbee Tribe of North Carolina Recognition Act (H.R. 1964), in the 116th Congress, passed the House by a voice vote on Nov. 16, 2020.
- The Lumbee Recognition Act (H.R. 2352), in the 115th Congress, died in the House Subcommittee on Indian, Insular and Alaska Native Affairs.
- The Lumbee Recognition Act (H.R. 184), in the 114th Congress, died in the House Subcommittee on Indian, Insular and Alaska Native Affairs.
- The Lumbee Recognition Act (H.R. 1803), in the 113th Congress, died in the House Subcommittee on Indian, Insular and Alaska Native Affairs.
- The Lumbee Recognition Act (H.R. 27), in the 112th Congress, died in the House Subcommittee on Indian, Insular and Alaska Native Affairs.
- The Lumbee Recognition Act (H.R. 31), in the 111th Congress, passed the House by a vote of 240-179 on June 3, 2009.
- The Lumbee Recognition Act (H.R. 65), in the 110th Congress, passed the House by a vote of 256-128 on June 7, 2007.
- The Lumbee Recognition Act (H.R. 21), in the 109th Congress, died in the House Committee on Resources.
- The Lumbee Recognition Act (S.420), in the 108th Congress, passed the Senate Committee on Indian Affairs on Nov. 24, 2003 but never made it to a vote in the Senate. There was no House companion bill in that Congress.
Congressman Chuck Edwards (R-N.C.) spoke of the floor of the U.S. House of Representatives on Sept. 25, 2024 in opposition to the Lumbee Fairness Act and in favor of groups going through the OFA (Office of Federal Acknowledgment) 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.”
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 Wednesday, Jan. 22, 2025, there are 10 groups with petitions going through the OFA process including the following: Mattaponi Indian Tribe and Reservation (Va.), Tuskarora Nation of Moratoc Indians (N.C.), Salinan Tribe of Monterey and San Luis Obispo Counties (Calif.), Tripanick Nansemond Family Indian Tribe (Kan.), Chihene Nde Nation of New Mexico (N.M.), Fernandeno Tataviam Band of Mission Indians (Calif.), Butte Tribe of Bayou Bourbeaux (La.), Schaghticoke Indian Tribe (Conn.), Muscogee Nation of Florida (Fla.), and the Piro/Manso/Tiwa Indian Tribe of the Pueblo of San Juan de Guadalupe (N.M.).
