Tribal Opposition

Eastern Band of Cherokee Indians Push Back Against Lumbee Fairness Act

The House passed H.R. 1101, granting federal recognition to the Lumbee Tribe, but the Eastern Band of Cherokee Indians and other tribal organizations are urging the Senate to block the bill, citing concerns over its impact on tribal sovereignty and recognition standards.

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The Eastern Band of Cherokee Indians Principal Chief Michell Hicks is urging the U.S. Senate to reject the Lumbee Fairness Act (H.R. 1101), which passed the House on Tuesday. The bill, if enacted, would grant federal recognition to the Lumbee Tribe in North Carolina, extending federal services and benefits to its members.

Chief Hicks criticized the bill for bypassing debate and scrutiny, stating it undermines the rigorous standards required for tribal recognition. “This bill, if enacted, would establish a dangerous precedent for federal recognition, abandoning the requirement of historical, genealogical, and cultural evidence,” Hicks said.

The legislation, introduced by Rep. David Rouzer (R-NC), passed the House with bipartisan support, 311-96. It marks the seventh attempt since 1988 to secure recognition for the Lumbee Tribe, but prior efforts have stalled in the Senate.

Hicks and organizations like the United Indian Nations of Oklahoma, the Coalition of Large Tribes, and others argue the Lumbee should seek recognition through the Office of Federal Acknowledgment, which evaluates claims thoroughly. Hicks cited studies exposing inconsistencies in the Lumbee’s historical claims, warning of risks to tribal sovereignty.

The Lumbee Tribe, recognized by North Carolina in 1885 and Congress in 1956 without federal benefits, has long sought federal recognition. Chairman John L. Lowery countered criticism in a recent statement, accusing the Eastern Band of prioritizing casino profits over the welfare of the Lumbee people.

The Senate’s decision remains pending.

References
U.S. Department of the Interior, Office of the Solicitor. (2016, December 22). Reconsideration of the Lumbee Act of 1956[Memorandum]. Washington, D.C.: U.S. Department of the Interior. https://www.doi.gov/sites/default/files/uploads/m-37040.pdf
Rouzer, D., et al. (2023, February 17). Lumbee Fairness Act (H.R. 1101). 118th Congress, 1st Session. Retrieved from https://www.congress.gov/bill/118th-congress/house-bill/1101/text