Lumbee Recognition Act
Floor Speech
LUMBEE RECOGNITION ACT -- (House of Representatives - June 07, 2007)
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Mr. YOUNG of Alaska. Madam Speaker, I yield myself such time as I may consume.
(Mr. YOUNG of Alaska asked and was given permission to revise and extend his remarks.)
Mr. YOUNG of Alaska. Madam Speaker, I compliment the chairman of the committee, Mr. Rahall. As many of my colleagues know, I have long supported the efforts of the Lumbee Tribe to be federally recognized.
I have had discussions with the sponsor of the bill who represents them, the gentleman from North Carolina (Mr. McIntyre). I have studied their case for many years when I served as ranking member and chairman of the Committee on Resources.
The Lumbee's quest for recognition has been going for more than 100 years, which seems to be longer than almost any other tribe currently in the recognition process. During this time, the Lumbees have been put under a microscope and subjected to intensive debate by the State of North Carolina, the Bureau of Indian Affairs, the Congress, historians, and other Indian tribes.
In my judgment and that of the committee, this is clearly a distinct community of Indian people who meet the definition of ``tribe'' under article I, section 8 of Constitution; and the fact that more than 200 Members of this body have cosponsored H.R. 65 attests to the tribe's legitimacy.
Here are some of the facts about the Lumbee tribe. It is a State-recognized tribe. It has submitted huge amounts of documentation to prove that it is an autonomous Indian community that can trace links to a historic tribe. Even the Act of 1956, which terminated the tribe, helps to prove their case.
The reason for this is that, in order to be terminated by Congress, you first must be recognized. The fact that Congress had to identify the Lumbees before terminating them is a clear indication that Congress considered them to be a distinct Indian community within the meaning of the Constitution. Why else would Congress feel a need to prohibit benefits for this community if, as the opposition alleges, they were not eligible for the benefits in the first place?
Ask anyone who has traveled to Robeson County, and they will report that the county is largely governed by the Lumbee people already. In one sense, this bill merely puts a Federal endorsement on the fact that an independent, self-governing tribe exists in North Carolina.
But this is a tribe that still lacks the status of all the other federally recognized tribes. And in lacking the benefits, immunities and the responsibilities accorded to other tribes, the Lumbees are second-class citizens within the Indian world. This is not right.
H.R. 65 corrects this historic injustice, and I urge my colleagues to pass this bill as soon as possible.
Madam Speaker, I reserve the balance of my time.
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Mr. YOUNG of Alaska. Mr. Speaker, I'd like to compliment Mr. McIntyre. He was very concise in his presentation about why we should act on this legislation.
And ENI, I'm glad you brought up the fact that it has passed the House twice, died in the Senate. Congressman Rose came to me, and that's when I got interested in this legislation. And it's long overdue.
Now, I know there will be a motion to recommit which I will not offer and will not support. But I want to remind people that motion is a motion to actually have them go through, the Lumbee, the process. And I heard much about the process.
Now, I've been involved in this business now 34 years, and the process of recognition is at the will and the whim of a bureau that, in fact, supported, and the Solicitor General said, no, you have to go back to Congress, and, in fact, we will not recognize you. If you go through the process, just forget it.
We've already gone through the process, in reality. In fact, we had a hearing a while back, including the assistant secretary of the BIA, and I asked him, when was the last time the process worked? When was the last tribe recognized through the process? And he stuttered and stammered, and I think he had one in the last 10 years. That's the process?
And we've been waiting 51 years for this recognition, 51 years. The Congress did act, twice. The Congress set up the original act, and now we're being asked, through a motion to recommit, to use the process? And I'm saying, nonsense.
Let's do what is right today. Let's recognize this tribe as they should. Let's make sure that, in fact, they can go forth.
And those that oppose this, let's not kid yourself. It's not about policy. It's really about cutting the pie up. We have been told by a study, this is going to cost $400 million more. And then the other side says, no, it's to come out of the pot. This is not about the money because the money is in the formula. If we don't appropriate any more dollars, then it doesn't cost any more money. But if they're recognized, they do have a right to participate in those programs as they should, as a recognized tribe.
And so I'm suggesting that this is long overdue. Again, congratulations to the chairman and to the Congressman who represents that district. And I hope he remembers that, when I have an issue on Alaska, that Members that represent the districts ought to be listened to. And I do respect that representation.
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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.
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