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# Legislative Bulletin.................................................June 7, 2007

**Contents:**

> **H.R. 65 ---** Lumbee Recognition Act

**H.R. 65 --- Lumbee Recognition Act *(McIntyre, D-NC)***

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Thursday, June 7, 2007, likely subject to a closed
rule.

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**[Summary]{.underline}**: H.R. 65 would provide for federal recognition
of the Lumbee tribe, located in North Carolina. The bill would also
allow other groups of Indians in Robeson and the adjoining counties in
North Carolina, whose members are not enrolled in the Lumbee tribe, to
petition the Department of Interior for federal recognition.

The Lumbee are currently recognized as a tribe by the state of North
Carolina, and according to the Committee on Natural Resources, its
membership is approximately 53,000 individuals. Federally acknowledged
members of the tribe would be eligible for the same programs and
services as federally recognized Indian tribes, such as those overseen
by the Bureau of Indian Affairs and the Indian Health Service. According
to CBO, roughly 39,700 individuals would be eligible to receive federal
benefits upon recognition. In addition, H.R. 65 would designate service
areas for each tribe for the delivery of federal services to tribal
members.

The legislation also [prohibits]{.underline} the Lumbee from conducting
gambling activities under the Indian Gaming Rights Act. As such, if the
tribe were going to establish gambling facilities, they would be
required to apply for a license under the same state-established
requirements as any other non-Indian entity.

H.R. 65 lists the following findings about the Lumbee group:

-   "the Lumbee Indians of Robeson and adjoining counties in North
    Carolina are descendants of coastal North Carolina Indian tribes,
    principally Cheraw, and have remained a distinct Indian community
    since the time of contact with white settlers;

-   "since 1885 the State of North Carolina has recognized the Lumbee
    Indians as an Indian tribe;

-   "in 1956 the Congress of the United States acknowledged the Lumbee
    Indians as an Indian tribe, but withheld from the Lumbee Tribe the
    benefits, privileges and immunities to which the Tribe and its
    members otherwise would have been entitled by virtue of the Tribe's
    status as a federally recognized tribe; and

-   "the Congress finds that the Lumbee Indians should now be entitled
    to full Federal recognition of their status as an Indian tribe and
    that the benefits, privileges and immunities that accompany such
    status should be accorded to the Lumbee Tribe."

**[Additional Information]{.underline}**: Granting federal recognition
to the Lumbee Tribe is a long-standing debate in the state of North
Carolina and at the federal level. According to the Committee Report
([110-164](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr164))),
the Lumbee tribe first petitioned Congress for federal recognition as an
Indian tribe in 1888. This attempt was unsuccessful, and since that
time, the group has consistently petitioned Congress, and the Department
of Interior, for such recognition. Through the standard federal
recognition process (established by Congress), the Secretary of the
Interior determines if a petitioner has met the seven criteria necessary
to become a tribe. However, in 1956, Congress terminated its official
relationship with the Lumbee tribe and other Indian groups located in
surrounding North Carolina counties. In light of this, the Lumbee are
currently ineligible to pursue recognition through the Bureau of Indian
Affairs (BIA) for federal acknowledgement as an Indian tribe. According
to the Committee Report, various efforts by the Lumbee have failed to
garner support in Congress (largely due of opposition from Senator
Helms), and the Department of Interior has consistently opposed the
group's efforts. However, proponents of the legislation argue that as a
matter of "fairness," Congress should recognize the Lumbee---explaining
that in the past, Congress terminated its relationship with two other
tribes (Tiwas of Texas and Pascua Yaqui of Arizona), and since that
time, has passed legislation reversing this termination and granting
federal recognition to both tribes.

The Eastern Band of the Cherokee Indians (located in North Carolina),
have testified before the Natural Resources Committee several times in
opposition to legislation granting federal recognition to the Lumbee
tribe. The Cherokee have questioned the validity of the group's Indian
ancestry, contending that the group did not originate entirely in North
Carolina, and have sought recognition as descending from four different
tribes over the years. In a recent testimony, the Eastern Cherokee's
Principal Chief cited the works of Dr. Virginia DeMarce (formerly the
Chair of the National Genealogical Association), who argues that
numerous Lumbee families migrated to North Carolina from other places
prior to 1800. In addition, the testimony discussed the works of
genealogist Paul Heinegg, who argues that the Lumbee are an "invented
tribe," and that the group is "African American as shown by their
genealogies" and not of Indian descent. However, proponents of H.R. 65
argue that in many cases the Lumbee hid their identity in order to avoid
forceful removal and poor treatment in the early 1800s. In addition, the
Committee Report outlines several investigations into the tribe's
history by agents of the Department of Interior that have concluded they
are descendants of the Cheraw Tribe.

H.R. 65 would allow the Lumbee tribe to avoid the federal
acknowledgement process and obtain federal recognition directly through
Congress. Opponents of the legislation have argued that the Tribe should
be required to obtain federal recognition through the established
process. Rep. Shuler (D-NC) has introduced a bill (H.R. 2022), which
would allow the Lumbee to submit their petition to the Department of
Interior in order to be considered for federal recognition through the
standard review process---thus usurping the 1956 act that terminated
their relationship with the U.S. government. Rep. Shuler offered an
amendment during committee consideration of H.R. 65 that would have made
the tribe eligible for the federal recognition process; however, the
amendment failed by a voice vote.

The Administration testified before the Committee on the Lumbee Act,
stating the following regarding the provision of the legislation
allowing other groups of Indians to apply for federal recognition.
According to the Administration, "The Department's Office of Federal
Acknowledgement (OFA) has received letters of intent to petition from
eight groups that may overlap with each other... In addition, OFA has
identified over 90 names of groups that derive from these counties and
are affected by the 1956 Lumbee Act. Some of these groups claim to be
the 'Lumbee' Tribe. Therefore, we recommend Congress clarify the Lumbee
group that would be granted recognition under this bill. Not doing so
could potential expose the Federal government to unwarranted lawsuits
and possibly delay the Federal acknowledgment process."

To learn more about the federal recognition process, please check out
[this](http://www.congress.gov/erp/rs/html/RS21109.html) CRS report.

**[Possible Conservative Concerns]{.underline}: Some conservatives may
be concerned that this legislation would subvert the standard federal
recognition process through which groups apply to be recognized as an
Indian tribe, and allow the Lumbee group to be federally recognized
without going through the established review process. In addition, some
conservatives may be concerned that the legislation would add over
39,000 individuals to be eligible for federal services through the
Indian Health Service and the BIA, at a cost of almost \$500 million in
the first five years.**

**[Committee Action]{.underline}**: H.R. 65 was introduced on January 4,
2007, and referred to the Committee on

Natural Resources, which considered it, held a mark up, and passed the
bill by a vote of 24-7, on April 25, 2007. The bill was reported to the
full House, as amended, on May 22, 2007.

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**[Cost to Taxpayers]{.underline}**: According to CBO, implementing H.R.
65 would authorize \$93 million in FY 2008, and \$497 million over five
years. CBO outlines that these costs are derived from providing
additional federal services to the 39,700 individuals that would now be
eligible for federal programs and services provided to federally
recognized Indians.

[**Does the Bill Create New Federal Programs or Rules?**:]{.underline}
No.

**[Earmark Compliance]{.underline}**: According to the Committee Report,
the "H.R. 65 does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or
9(t) of rule XXI."

**[Constitutional Authority]{.underline}**: The Natural Resources
Committee cites Article I, Section 3 of the Constitution, but fails to
cite a specific clause. House Rule XIII, Section 3(d)(1), requires that
all committee reports contain "a statement citing the *specific* powers
granted to Congress in the Constitution to enact the law proposed by the
bill or joint resolution" *(emphasis added).*

**[Staff Contact]{.underline}**: Joelle Cannon,
<joelle.cannon@mail.house.gov>, X69717

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