Lumbee Tribe's Struggle for Recognition in Washington

The Struggle for Federal Recognition

For decades, the Lumbee Tribe has sought recognition as a sovereign nation from the U.S. government. Since the 1980s, they have actively lobbied Congress to acknowledge their status. This effort saw renewed hope in the previous year when both major presidential candidates pledged to support the tribe’s cause.

In his first week in office, President Donald Trump appeared to take action on this promise. He issued an executive order directing the Interior Department to develop a plan for federal recognition. This move was welcomed by Lumbee Chairman John Lowery, who called it a “significant step forward.” However, months later, it remains uncertain whether further steps will be taken.

The plan was submitted to the White House in April, according to the Interior Department. A White House official recently told The Associated Press that the Lumbee will need to achieve recognition through legislation. The Interior Department confirmed this stance, stating that the tribe should work with Congress to find a path forward.

Federal recognition offers numerous benefits, including access to health care through the Indian Health Service, eligibility for certain federal grants, and the ability to establish a land base through the land-to-trust process. Many of the 574 federally recognized tribes in the U.S. gained their status through legislation, while others were recognized through the Office of Federal Acknowledgement, which evaluates applications based on documented historical and social existence as a tribe.

Critics, including several other tribal nations, argue that the Lumbee have not sufficiently proven their historic and genealogical claims. They believe the tribe should go through the formal federal process. Despite being recognized by the state of North Carolina, the Lumbee continue to face challenges in securing federal acknowledgment.

Eastern Band of Cherokee Indians Principal Chief Michell Hicks stated that the gaps in the Lumbee's claims are significant. He expressed concerns that recognizing the tribe through legislation could set a precedent for fraudulent groups to gain federal recognition. "Congress wouldn’t be recognizing a tribe, it would be manufacturing one," he said.

John Lowery, the Lumbee Chairman, argues that the tribe can prove its lineage but finds the application and vetting process through the Office of Federal Acknowledgement too lengthy and cumbersome. He has been working closely with U.S. Senator Thom Tillis of North Carolina to pass a bill that would federally recognize the Lumbee Tribe.

Lowery emphasized that any claim suggesting that tribes recognized through legislation are circumventing the process is misleading. He pointed out that the Lumbee applied for recognition in 1987, but the Office of Federal Acknowledgement provided conflicting opinions due to a 1956 congressional act that acknowledged the Lumbee’s existence while denying them access to federal resources.

Arlinda Locklear, a Lumbee attorney, highlighted that the tribe requested a formal opinion regarding the 1956 bill. She argued that if the Lumbee are not eligible, they should be informed upfront so they can seek recognition from Congress. In 2016, the Interior's Office of the Solicitor reversed the decision that deemed the Lumbee ineligible for recognition. Despite this, both Locklear and Lowery feel the process remains too slow and have instead focused on urging Congress to pass legislation.

This effort could be challenging given the current political climate, where federal spending is being cut. In 2011, the Congressional Budget Office estimated that recognizing the Lumbee Tribe would cost over $840 million in the first four years. A 2022 estimate put the cost at more than $360 million. Additionally, a recent Brookings Institution report found that the Trump administration's freeze on federal grants could disrupt $24 billion in funding for tribes.

Senator Thom Tillis, the author of the Lumbee Fairness Act, has faced criticism from President Trump after voting against the president's tax bill. Trump threatened to campaign against him, and Tillis announced he would not seek re-election. His bill was referred to the Senate Committee on Indian Affairs in January.

Senator Lisa Murkowski, who chairs the committee, has indicated she will work with Tillis on the bill. David Wilkins, a Lumbee author and professor at the University of Richmond, has long advocated for federal recognition. However, he is concerned about the opposition the Lumbee face within Indian Country. He worries that gaining recognition under Trump’s endorsement might create additional challenges. "If we do slip through because Trump convinces his Secretary of Interior to either expedite the acknowledgment process or get Congress to find a move on the Lumbee bill and get it through, I worry about how that’s going to be received in Indian Country."