Lumbee Recognition Act

Floor Speech

LUMBEE RECOGNITION ACT -- (House of Representatives - June 07, 2007)

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Mr. RAHALL. Madam Speaker, I yield myself such time as I may consume.

To my colleagues on both sides of the aisle, this measure, which would extend Federal recognition to the Lumbee Tribe of North Carolina, is long overdue. For over 115 years, this tribe has sought Federal recognition only. When Congress finally stepped in to take action on this matter, it was in the midst of the termination era, an era in which the Federal Government was in the process of terminating its relationship with existing federally recognized tribes. As a result, Congress recognized the Lumbee Tribe in 1956, but in the same breath it terminated its relationship with the tribe.

At no time has the Department of the Interior ever opposed Federal recognition for this tribe based on a belief that the Lumbees are not entitled to such status. Indeed, several studies undertaken by the Department of the Interior have consistently concluded that the Lumbees are a distinct, self-governing Indian community historically located on Drowning Creek, now the Lumber River, in North Carolina.

Although the State of North Carolina has recognized the tribe for over 100 years, it has done so under various names. The State of North Carolina, not the Lumbees, is responsible for the various names imposed upon the tribe.

It was not until the tribe pressured the State that the tribe was authorized to conduct a referendum to choose its own name. When it did so in 1951, it chose the name ``Lumbee Indians of North Carolina.'' This is the only name ever selected by the tribe, and it is this name by which Congress, in 1956, recognized the Lumbees.

Some have expressed a concern about the cost of this bill. I want to note that the cost of this bill is for discretionary programs only. There is no mandatory spending. Any actual cost of this bill is subject to appropriations.

Others have expressed concern that the size of the Lumbee Tribe will unduly impact the tribes in their districts. This is not a reason to single out the Lumbees.

The Lumbees are Indians organized as a tribe, and they deserve Federal recognition and access to the benefits and services in the same manner as other federally recognized tribes. Congress should not determine whether or not to honor its responsibilities to Indian tribes based on cost.

To address claims that the tribe is only interested in Federal recognition so they may conduct gaming, the tribe supported an outright gaming prohibition which has been included in this bill. The gaming prohibition precludes the Lumbee Tribe from engaging in, licensing, or regulating gaming pursuant to the Indian Gaming Regulatory Act or any other Federal law.

Extending Federal recognition to the tribe at this time is not something new nor does it bypass the administrative process established by the Bureau of Indian Affairs.

Congress first recognized the tribe in 1956. But because of our actions at that time, the tribe is not eligible for the administrative process. Congress is solely responsible for the injustice committed on this tribe. Now, after over 50 years, it is up to us to correct the wrong that Congress imposed so many years ago.

This legislation is sponsored by our colleague, Representative Mike McIntyre of North Carolina, and enjoys bipartisan support, including North Carolina Representatives BUTTERFIELD, ETHERIDGE, PRICE, COBLE, HAYES, MILLER and WATT.

I certainly commend Representative MIKE MCINTYRE of North Carolina for his dedication, his persistence, and his devotion to the Lumbee Indian Tribe. They have no better friend in the Congress of the United States.

I, too, am a cosponsor of H.R. 65; and I am pleased that Natural Resources ranking member, Mr. Don Young, is also a strong supporter.

Importantly, the Governor of North Carolina, Mike Easley, supports this measure, as do two former Governors, former Republican Governor Martin and former Democratic Governor Hunt.

The pending measure was reported by the Natural Resources Committee by a roll call vote of 24-7.

In closing, I again commend the gentleman from North Carolina (Mr. McIntyre) for his dedication to this issue. Through his tireless efforts, the bill before us today has 215 cosponsors.

So let us join in this effort to grant the Lumbee Tribe the recognition they have long deserved. As Coach Kelvin Sampson, basketball coach at Indiana University noted in his testimony at our hearing, the Lumbees do not need our permission to call themselves Native American, but, unfortunately in today's world, they need our validation. It is up to us to do the right thing by extending Federal recognition to the tribe.

I urge all of my colleagues to join me in supporting the pending measure.

Madam Speaker, I reserve the balance of my time.

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Mr. RAHALL. Mr. Speaker, I rise in opposition to the motion to recommit.

The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.

Mr. RAHALL. Mr. Speaker, during general debate, I addressed the issue that is the subject of this motion, as did the ranking member, Mr. Young; as did the gentleman from North Carolina (Mr. McIntyre). The administrative process is for those groups where it needs to be determined whether or not they are an Indian tribe. That is not the case here.

Congress passed the Lumbee Recognition Act in 1956, 51 years ago, but in recognizing the tribe, Congress also made them ineligible for Federal services that are normally accorded to recognized tribes. Indeed, the 1956 Act also barred the Lumbee Tribe from going through the Federal acknowledgment process. And let me note that this tribe first sought Federal recognition in 1899, 108 years ago. To now subject them to a process that may take 20 more years is simply an injustice.

I urge rejection of this motion.

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Mr. YOUNG of Alaska. Just a little history, Mr. Speaker. There are 561 total recognized tribes. We have recognized 16 of those through action of Congress, and 31 were recognized by the Department of the Interior.

And about the motion to recommit saying go back and follow the process, in the last 10 years, and the fact is longer than 10 years, I think 15 years or longer than that, 1978 was the last one, the so-called system worked and with a Bureau that, in fact, has suggested that they are not recognized. Well, what chance would the Lumbees ever have of being recognized? It wouldn't happen. So what this motion to recommit does is say, all right, we are just not recognizing them. It is really not a motion that says they have to follow the process.

And we do have the authority. The Congress has the ultimate authority. Like I said, we have already done 16 these, and it says right here that the Supreme Court ruled in the United States v. Sandoval that the Congress cannot arbitrarily recognize a group of Indians as a tribe, but its powers are very broad. All Congress has to do is determine that, one, the group has ancestors who lived in what is now the USA by the time of European discovery and, two, the group be a ``people distinct from others.'' And that is what the Lumbees are.

So this is a motion to really stop the recognition, let's not kid ourselves, because they will never be recognized through the process.

I thank the gentleman for yielding.

Mr. RAHALL. Mr. Speaker, the gentleman from Alaska is entirely correct, and I associate myself with his comments.

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