Lumbee recognition not included in Senate-passed NDAA bill

By SCOTT MCKIE B.P.

One Feather Asst. Editor

WASHINGTON, D.C. – The Lumbee Tribe of North Carolina, a state-recognized group, was hoping that federal acknowledgment would be one of the things included in the passage of a recent military spending bill, but it was not to be.

After weeks of debate, the U.S. Senate passed S.2296 (National Defense Authorization Act FY26) on Thursday, Oct. 9 by a vote of 77-20. Over 800 amendments were introduced for that legislation including one that would have added language from the Lumbee Fairness Act which would grant federal acknowledgment to the state-recognized group known as the Lumbee Tribe of North Carolina.  Sen. Thom Tillis (R-N.C.) introduced Amendment 3273 to add that language to S.2296, but no action was taken and it was not included.

The U.S. House of Representatives passed H.R. 3838, the House’s version of the bill, on Sept. 10 by a roll call vote of 23-196, and that legislation included a tack-on of the Lumbee Fairness Act.

There are still two pieces of legislation in Congress that would grant the Lumbee federal acknowledgment including H.R. 474 (Lumbee Fairness Act), which is currently in the House Natural Resources Committee, and S. 107 (Lumbee Fairness Act), which is currently in the Senate Committee on Indian Affairs.

For years, the Eastern Band of Cherokee Indians (EBCI) has opposed Lumbee recognition.

Following passage of H.R. 3838 last month, EBCI Ugvwiyuhi (Principal Chief) Michell Hicks said in a statement to the One Feather, “Historians and the federal government have repeatedly found that the Lumbee cannot substantiate their claims to be a tribe. Until the name was invented in 1956 there was no such thing as a ‘Lumbee Tribe’.  The families they claim to descend from were never identified as Native in historical documents.  If Congress passes this legislation, it will be the first time in U.S. history that a group is recognized without evidence of descent from a known historical tribe.   If that becomes the standard, the floodgates open—there are hundreds of groups making false claims waiting to cut their own backroom deal.”

He added, “This legislation isn’t recognizing a tribe – it’s creating one out of thin air – at a cost of nearly $2 billion in just five years, with billions more in the years to come.”

Congressman David Rouzer (R-N.C.), who introduced H.R. 474 (Lumbee Fairness Act), said in a statement following the House’s passage of NDAA in September, “Today marks an historic effort not just for the Lumbee Tribe of North Carolina, but for justice long overdue.  I’m proud to stand with the Lumbee people as the House passed legislation to grant them full recognition.  This is about dignity, opportunity, and honoring the rich heritage of one of North Carolina’s proudest communities.”

This issue has been before Congress before.  Following are the results of Lumbee recognition bills from the past 11 Congresses alone. The bills passed in the House would subsequently die in the Senate.

• The Lumbee Fairness Act (H.R. 1101), in the 118^th Congress, passed the House by a vote of 311-96 on Dec. 17, 2024.
• The Lumbee Recognition Act (H.R. 2758), in the 117^th 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 116^th Congress, passed the House by a voice vote on Nov. 16, 2020.
• The Lumbee Recognition Act (H.R. 2352), in the 115^th Congress, died in the House Subcommittee on Indian, Insular and Alaska Native Affairs.
• The Lumbee Recognition Act (H.R. 184), in the 114^th Congress, died in the House Subcommittee on Indian, Insular and Alaska Native Affairs.
• The Lumbee Recognition Act (H.R. 1803), in the 113^th Congress, died in the House Subcommittee on Indian, Insular and Alaska Native Affairs.
• The Lumbee Recognition Act (H.R. 27), in the 112^th Congress, died in the House Subcommittee on Indian, Insular and Alaska Native Affairs.
• The Lumbee Recognition Act (H.R. 31), in the 111^th Congress, passed the House by a vote of 240-179 on June 3, 2009.
• The Lumbee Recognition Act (H.R. 65), in the 110^th Congress, passed the House by a vote of 256-128 on June 7, 2007.
• The Lumbee Recognition Act (H.R. 21), in the 109^th Congress, died in the House Committee on Resources.
• The Lumbee Recognition Act (S.420), in the 108^th 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.