Federal Recognition of the Lumbee Tribe of North Carolina
The Presidential memorandum addresses the policy for granting full Federal recognition to the Lumbee Tribe of North Carolina, acknowledging their historical roots, past state recognition in 1885, and previous legislation efforts.
The document outlines a plan for reviewing recognition processes and pathways within 90 days to facilitate the tribe’s attainment of Federal benefits.
Arguments For
- Intended benefits: Full federal recognition would provide the Lumbee Tribe with access to federal services, funding, and self-governance opportunities, improving their socio-economic conditions.
- Evidence cited: The memorandum cites the tribe's long history, state recognition, and repeated attempts at federal recognition through Congressional legislation.
- Implementation methods: The plan tasked to the Secretary of the Interior may include exploring legislative action, judicial review, or existing federal acknowledgement procedures.
- Legal/historical basis: The memorandum acknowledges the Lumbee Tribe's historical ties, prior state recognition, and past attempts at federal recognition through the 1956 Lumbee Act and subsequent legislative efforts.
Arguments Against
- Potential impacts: Granting federal recognition could impact existing federal funding allocations for other tribes or create administrative challenges in managing a new federally recognized tribe.
- Implementation challenges: Determining the best legal pathway for federal recognition and navigating potential obstacles within the federal acknowledgement process may be complex and time-consuming. Finding consensus among stakeholders could prove challenging.
- Alternative approaches: Alternative approaches could include focusing on specific federal programs that could benefit the Lumbee Tribe without full federal recognition.
- Unintended effects: Some may argue that federal recognition may disrupt the tribe's existing self-governance structures. There could be unforeseen issues about land and resource rights.
Presidential Actions
MEMORANDUM FOR THE SECRETARY OF THE INTERIOR
SUBJECT: Federal Recognition of the Lumbee Tribe of North Carolina
Section 1. Purpose and Policy.
The Lumbee Tribe of North Carolina, known as the People of the Dark Water, have a long and storied history. The tribe’s members were descendants of several tribal nations from the Algonquian, Iroquoian, and Siouan language families, including the Hatteras, the Tuscarora, and the Cheraw. The waters of the Lumbee River and lands that surround it have protected and provided for the Lumbee people for centuries despite war, disease, and many other perils.
In 1885, the State of North Carolina recognized the Lumbee people as an Indian tribe. 1885 N.C. Sess. Laws 92. In 1956, President Dwight D. Eisenhower signed the Lumbee Act (Public Law 84-570, 70 Stat. 254), which recognized the Lumbee as the Lumbee Indians of North Carolina but denied Lumbee Indians Federal benefits associated with such recognition. Today, according to the State of North Carolina, the Lumbee Tribe consists of more than 55,000 members, making it the largest tribe east of the Mississippi River and the ninth-largest tribe in the Nation.
In 2024, the United States House of Representatives passed, by a vote of 311-96, the Lumbee Fairness Act (H.R. 1101), which would grant the Lumbee Tribe full Federal recognition, but this legislation was not considered by the United States Senate before the end of the 118th Congress. Similar legislation has passed the House of Representatives several times.
Considering the Lumbee Tribe’s historical and modern significance, it is the policy of the United States to support the full Federal recognition, including the authority to receive full Federal benefits, of the Lumbee Tribe of North Carolina.
This section provides the historical background and current policy stance regarding the Lumbee Tribe. It highlights the tribe's ancestry, state recognition, and past federal recognition without benefit rights.
It also refers to recent legislative efforts to secure full federal recognition and acknowledges the United States' supportive policy toward achieving this recognition.
Sec. 2. Directive for Recognition Plan.
(a) Within 90 days of the date of this memorandum, the Secretary of the Interior shall review all applicable authorities regarding the recognition or acknowledgement of Indian tribes and, in consultation with the leadership of the Lumbee Tribe of North Carolina, shall submit to the President 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.
(b) The plan shall include consideration and analysis of each potential legal pathway to effectuate full Federal recognition of the Lumbee Tribe, including through an act of the Congress, judicial action, or the Procedures for Federal Acknowledgement of Indian Tribes set forth in 25 C.F.R. Part 83.
(c) The Secretary of the Interior is authorized and directed to publish this memorandum in the Federal Register.
Section 2 outlines specific directives for the Secretary of the Interior to draft a plan for the Lumbee Tribe’s full Federal recognition.
It mandates a review of relevant legal authorities and coordination with the tribe to explore all possible legal pathways for recognition, including Congressional action and procedural methods already outlined in federal regulations.
The memorandum must also be published in the Federal Register.