[Congressional Record Volume 170, Number 187 (Tuesday, December 17, 2024)]
[House]
[Pages H7268-H7272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LUMBEE FAIRNESS ACT
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1101) to amend the Lumbee Act of 1956, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1101
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Fairness Act''.
SEC. 2. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254, chapter 375), is
amended--
(1) by striking section 2;
(2) in the first sentence of the first section, by striking
``That the Indians'' and inserting the following:
``SEC. 3. DESIGNATION OF LUMBEE INDIANS.
``The Indians--'';
(3) in the preamble--
(A) by inserting before the first undesignated clause the
following:
``SEC. 1. FINDINGS.
``Congress finds that--'';
(B) by designating the undesignated clauses as paragraphs
(1) through (4), respectively, and indenting appropriately;
(C) by striking ``Whereas'' each place it appears;
(D) by striking ``and'' after the semicolon at the end of
each of paragraphs (1) and (2) (as so designated); and
(E) in paragraph (4) (as so designated), by striking ``:
Now, therefore,'' and inserting a period;
(4) by moving the enacting clause so as to appear before
section 1 (as so designated);
(5) by striking the last sentence of section 3 (as
designated by paragraph (2));
(6) by inserting before section 3 (as designated by
paragraph (2)) the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of
North Carolina or the Lumbee Indians of North Carolina.'';
and
(7) by adding at the end the following:
``SEC. 4. FEDERAL RECOGNITION.
``(a) In General.--Federal recognition is extended to the
Tribe (as designated as petitioner number 65 by the Office of
Federal Acknowledgment).
``(b) Applicability of Laws.--All laws and regulations of
the United States of general application to Indians and
Indian tribes shall apply to the Tribe and its members.
``(c) Petition for Acknowledgment.--Notwithstanding section
3, any group of Indians in Robeson and adjoining counties,
North Carolina, whose members are not enrolled in the Tribe
(as determined under section 5(d)) may petition under part 83
of title 25 of the Code of Federal Regulations for
acknowledgment of tribal existence.
``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
``(a) In General.--The Tribe and its members shall be
eligible for all services and benefits provided by the
Federal Government to federally recognized Indian tribes.
``(b) Service Area.--For the purpose of the delivery of
Federal services and benefits described in subsection (a),
those members of the Tribe residing in Robeson, Cumberland,
Hoke, and Scotland counties in North Carolina shall be deemed
to be residing on or near an Indian reservation.
``(c) Determination of Needs.--On verification by the
Secretary of a tribal roll under subsection (d), the
Secretary and the Secretary of Health and Human Services
shall--
``(1) develop, in consultation with the Tribe, a
determination of needs to provide the services for which
members of the Tribe are eligible; and
``(2) after the tribal roll is verified, each submit to
Congress a written statement of those needs.
``(d) Tribal Roll.--
``(1) In general.--For purpose of the delivery of Federal
services and benefits described in subsection (a), the tribal
roll in effect on the date of enactment of this section
shall, subject to verification by the Secretary, define the
service population of the Tribe.
``(2) Verification limitation and deadline.--The
verification by the Secretary under paragraph (1) shall--
``(A) be limited to confirming documentary proof of
compliance with the membership criteria set out in the
constitution of the Tribe adopted on November 16, 2001; and
``(B) be completed not later than 2 years after the
submission of a digitized roll with supporting documentary
proof by the Tribe to the Secretary.
``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
``(a) In General.--Notwithstanding any other provision of
law, the Secretary is hereby authorized to take land into
trust for the benefit of the Tribe.
``(b) Treatment of Certain Land.--An application to take
into trust land located within Robeson County, North
Carolina, under this section shall be treated by the
Secretary as an `on reservation' trust acquisition under part
151 of title 25, Code of Federal Regulations (or a successor
regulation).
``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
``(a) In General.--With respect to land located within the
State of North Carolina that is owned by, or held in trust by
the United States for the benefit of, the Tribe, or any
dependent Indian community of the Tribe, the State of North
Carolina shall exercise jurisdiction over--
``(1) all criminal offenses that are committed; and
``(2) all civil actions that arise.
``(b) Transfer of Jurisdiction.--
``(1) In general.--Subject to paragraph (2), the Secretary
may accept on behalf of the United States, after consulting
with the Attorney General of the United States, any transfer
by the State of North Carolina to the United States of any
portion of the jurisdiction of the State of North Carolina
described in subsection (a) over Indian country occupied by
the Tribe pursuant to an agreement between the Tribe and the
State of North Carolina.
``(2) Restriction.--A transfer of jurisdiction described in
paragraph (1) may not take effect until 2 years after the
effective date of the agreement described in that paragraph.
``(c) Effect.--Nothing in this section affects the
application of section 109 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1919).''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from California (Ms.
Kamlager-Dove) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 1101, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, when we talk about Tribal recognition bills, it often
comes with a lot of passion. There are people who support the bills and
people who oppose the bills, and it is hard to get consensus on these
Tribal recognition bills.
As we consider this bill today, I just want to lay out the facts of
what is at stake here in this particular Tribal recognition bill.
H.R. 1101 would extend Federal recognition to the Lumbee Tribe of
North Carolina and remove a statutory bar that has impacted the Tribe
since 1956.
[[Page H7269]]
According to the Tribe, this statutory bar has prevented them from
being federally recognized through any administrative procedure.
Under the legislation, the Lumbee Tribe would be eligible for
services, benefits, and immunities available to other federally
recognized Indian Tribes.
In 1956, an act of Congress designated certain Indians as Lumbee
Indians of North Carolina. It declared that they shall enjoy all rights
as citizens of the State of North Carolina and the United States, but
in 1989, the Department of the Interior solicitor issued an opinion
stating that the 1956 act effectively denied the Lumbee Tribe
eligibility to petition for recognition under the Federal
acknowledgment process at the Department.
In 2016, the Department of the Interior solicitor withdrew the 1989
opinion and replaced it with a new opinion, stating that the Lumbee
Tribe may pursue Federal recognition under the current administrative
procedures for federally recognizing a Tribe.
This complex history has created legal confusion, and the Lumbee
Tribe has chosen to seek Federal recognition through Congress rather
than apply through the Federal acknowledgment process.
H.R. 1101 would use Congress' plenary power over Indian affairs to
federally recognize the Lumbee Tribe.
Mr. Speaker, I thank the sponsor of this legislation, Representative
Rouzer, for his work on this bill. I urge support, and I reserve the
balance of my time.
Ms. KAMLAGER-DOVE. Mr. Speaker, I rise in support of the Lumbee
Fairness Act, which would extend Federal recognition to the Lumbee
Tribe of North Carolina.
The State of North Carolina formally recognized the Lumbee Tribe in
1885, and the Tribe has been seeking Federal recognition from the
United States for nearly 140 years. Mr. Speaker, that is a long time.
Legislative efforts to provide Federal recognition to the Tribe over
the years have been led by both Democratic and Republican sponsors and
have historically passed the House with overwhelming bipartisan
support. The Tribe has time and time and time and time again shown that
they are a distinct, self-governing Indian community and that they are
worthy of Federal recognition.
It is long past time that Congress extended these rights to the
Lumbee Tribe of North Carolina.
Mr. Speaker, I ask my colleagues to support the bill, and I reserve
the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 5 minutes to the gentleman from
North Carolina (Mr. Rouzer), the lead sponsor of the bill.
Mr. ROUZER. Mr. Speaker, I rise in support of my bill, H.R. 1101, the
Lumbee Fairness Act, to give the Lumbee Tribe of North Carolina the
full Federal recognition they have been unfairly denied for decades.
The Lumbee Tribe, comprised of 55,000 members, is the largest
American Indian Tribe east of the Mississippi River and the ninth
largest in the Nation. Throughout recorded history, the Lumbee have
called southeastern North Carolina home, spanning Robeson, Scotland,
Hoke, and Cumberland Counties.
Despite their long history and cohesive culture, the Lumbee Tribe has
never had access to the same resources exercised by every other
federally recognized Tribe. During the termination era, when Congress
ended the Federal relationship with 60 Tribes, the Lumbee Act of 1956
recognized the Tribe's existence yet denied them the Federal rights and
protections afforded to other federally recognized Tribes. This
includes access to benefits from the Indian Health Service and support
from the Bureau of Indian Affairs.
Sometimes, it is quite helpful to go back to see what the statute
actually says. Public Law 571 specifically reads: ``Nothing in this act
shall make such Indians eligible for any services performed by the
United States for Indians because of their status as Indians, and none
of the statutes of the United States which affect Indians because of
their status as Indians shall be applicable to the Lumbee Indians.'' It
is a bit wordy but very clear and very to the point.
{time} 1615
Beginning in 1978, the Federal Government began rectifying the damage
done during the termination era, establishing processes in which Tribes
could regain Federal recognition and privileges.
The Federally Recognized Indian Tribe List Act established three ways
in which an Indian group may become federally recognized: By act of
Congress, by the administrative procedures established by the
Department of the Interior, and by decision of a United States court.
Since then, Congress has stepped in and recognized 23 Tribes through
legislation, reestablishing their relationship with the Federal
Government.
Unfortunately, given the language of the Lumbee Act of 1956, only an
act of Congress can establish the Federal rights and privileges of the
Lumbee Tribe.
Some point to the administrative process as the path forward for the
Lumbee Tribe, but the language of the 1956 act, which I just read, has
acted as the law of the land, barring the Tribe from gaining their due
privileges.
The fundamental point is this: Congress wrote a law that terminated
the Federal relationship with the Tribe, and Congress is the only
entity that can restore that recognition. The administrative process
has quite honestly proved to be a dead-end street simply because of
that statute.
The Lumbee's leadership and members work tirelessly every year to
mobilize support to move the legislation that is before us today. The
bill has been introduced in Congress more than 30 times with broad
bipartisan support in the House and Senate.
Through more than a dozen congressional hearings, documentation has
consistently affirmed the Lumbee Tribe as a distinct, self-governing
Indian community. In each of the last 11 Congresses, legislation has
been introduced to grant the Lumbee Tribe the full recognition they
deserve.
In the last two Congresses, the House passed this legislation under
suspension, and beyond Congress, the Lumbee Fairness Act has the
support of 236 Tribes across the country who have repeatedly cited the
unfair treatment of the Tribe under the 1956 Lumbee Act.
All of this is to say, Mr. Speaker, this needs to be done. I thank
the House leadership, particularly Speaker Johnson and Majority Leader
Steve Scalise, for bringing this bill forward for consideration today.
I thank Chairman Westerman and his committee for their diligent work
on all issues, particularly this one. Their efforts have not gone
unnoticed. Today, the House can take a great step forward to right the
wrong of the unfair and unjust treatment of the Lumbee Tribe once and
for all. Mr. Speaker, I urge my colleagues to support this legislation.
Mr. WESTERMAN. Mr. Speaker, I yield 1 minute to the gentleman from
North Carolina (Mr. Hudson).
Mr. HUDSON. Mr. Speaker, I rise in support of H.R. 1101, the Lumbee
Fairness Act, which rights a historic wrong and provides long overdue
Federal recognition for the Lumbee Tribe.
My family goes back seven generations in Robeson County, which is the
home of the Lumbee people, and I represent many Lumbees in Hoke and
Cumberland Counties.
The Lumbees have deep cultural roots and traditions in our State and
have made significant contributions since North Carolina fully
recognized the Tribe in 1885.
Though Congress recognized the Lumbee Tribe in 1956, they were
discriminated against like no other Tribe and tragically denied the
same protections and resources enjoyed by every other Federal Tribe.
Since I came to Congress, I proudly championed Federal recognition.
Yet, despite broad bipartisan support, Congress has failed to send this
legislation to the President. This is unacceptable, and it is past time
we right this wrong once and for all.
I thank my friend, Representative David Rouzer, for leading this
must-pass legislation to give the Lumbee people the long overdue
Federal recognition they rightfully deserve.
I also thank Chairman Westerman and his incredible hardworking staff.
I urge my colleagues to join us in support of this legislation.
Mr. WESTERMAN. Mr. Speaker, I yield 2 minutes to the gentleman from
North Carolina (Mr. Bishop).
[[Page H7270]]
Mr. BISHOP of North Carolina. Mr. Speaker, this is my final week in
Congress. Many come to the floor and ruminate over their service. As
for me, I can't think of a better way to spend my final words on the
floor than in support of recognition for the Lumbee Tribe.
The Lumbee have been pursuing justice since the mid-1800s. I have
previously stated on the floor some of the specifics of the Lumbee's
Native American heritage, their struggle as a people against racial
discrimination, and their deep and abiding community orientation around
the life-changing power of education, especially represented by UNC
Pembroke.
I have talked about their rich Tribal culture, the Tribal Council,
the Warriors Ball, Lumbee homecoming, the Powwow. I count among my
greatest privileges in Congress having been designated an honorary
Lumbee warrior.
I have explained the abomination of the recognition legislation of
1956, which acknowledged the Lumbee's nationhood while explicitly
denying them the incidents and benefits of the status extended to other
American Indian Tribes, the epitome of arbitrary and capricious
governmental action.
Although Robeson County, the historic homeplace for the Lumbee,
passed into Mr. Rouzer's district in 2022, Lumbee recognition remains
the unfinished business that is closest to my heart.
I have been pleased to introduce President Trump to the Lumbee and am
proud to count him a vocal supporter of this legislation. I am certain
that progress toward righting this historic injustice has occurred over
my 5 years in the House, and I am pleased to say that victory is in
sight.
Let my final words here be to thank the Lumbee for the honor of
representing them here and for their friendship.
Mr. Speaker, let's pass the Lumbee Fairness Act now and vote for the
bill.
Mr. WESTERMAN. Mr. Speaker, I yield 5 minutes to the gentleman from
Oklahoma (Mr. Brecheen).
Mr. BRECHEEN. Mr. Speaker, I rise today in opposition to the Lumbee
Fairness Act because of the three-quarters of a billion dollars that is
unpaid for in cost and how it undermines Tribal designation based on
merit, a 100-year history where merit drives and not politics.
While I respect the hard work of my colleagues from North Carolina
and I have no doubt about their intentions with this legislation, the
Lumbee Fairness Act would represent a lack of fairness for all
historically recognized Native Americans and a lack of fairness for the
merit-based process for Federal Tribal recognition.
I am a card-carrying member of the Choctaw Nation. My family can
trace its lineage to the time of the Indian Removal Act and the Choctaw
Trail of Tears. Oklahoma is a Choctaw word.
I am one of only four current Native-American Members in the House of
Representatives. I harbor no ill will toward any people who seek
Federal recognition for themselves and appreciate the hardship of going
through the Federal recognition process.
However, we must also acknowledge that Tribal-Federal relations have
a near 250-year history, rooted in our Constitution. It is found in
Article I and Article VI of the Constitution. There are two centuries
of tradition showing how the founding generations and those following
after dealt with the issue of Federal treaties with Tribes.
The recognition process is robust. It is designed to ensure only
people who can prove themselves as historical Tribes are designated as
such.
The Lumbee people have attempted to gain recognition via this process
for 130 years, and each time rebuffed by the Bureau of Indian Affairs.
Proponents of this bill argue the Lumbee are not eligible for the
merit-based Tribal recognition process.
However, the latest ruling on this from the Department of the
Interior 2016 says that the Lumbee are eligible to go through the
merit-based recognition process. We should let that merit-based process
go forward instead of replacing that time-honored process with a vote
on this floor and what is popular.
Congressional passage of this sends a subliminal message to
historically recognized Tribes all over the country that politics
trumps what we should be looking at within this situation, which is
merit.
That is why 141 Tribes alongside the Choctaw, Chickasaw, Cherokee,
Muscogee, Seminole Nations, et cetera, have opposed this effort going
back many years.
Mr. Speaker, with that in mind, I include in the Record a resolution
from the Five Civilized Tribes opposing the goal of this bill and a
news article detailing the opposition of 141 recognized Tribes, to the
same effect.
The INTER-TRIBAL COUNCIL of the FIVE CIVILIZED TRIBES
A Resolution Opposing Federal or State Recognition of Groups That Claim
to be Tribal Nations by Circumventing the Office of Federal
Acknowledgement
Resolution No. 22-14
Whereas, the Inter-Tribal Council of the Five Civilized
Tribes (ITC) is an organization that unites the tribal
governments of the Cherokee, Chickasaw, Choctaw, Muscogee
(Creek), and Seminole Nations, representing approximately
815,000 Indian people throughout the United States; and
Whereas, our tribes maintain a historic and continual
government-to-government relationship with the United States
and exercised the sovereign rights of self-government; and
Whereas, our tribes have distinct histories, languages,
cultures and identities that have been fiercely protected
despite government policies intended to eradicate our ways of
life; and
Whereas, fraudulent groups that appropriate our culture and
erroneously claim to be legitimate tribal governments
threaten the foundation of tribal sovereignty; and
Whereas, the federal government is granted authority by the
U.S. Constitution to regulate matters relating to Indian
tribes, which includes the process of obtaining federal
recognition; and
Whereas, these groups often seek state recognition and
other means to bolster their legitimacy and bypass the
Department of the Interior's Office of Federal
Acknowledgement (OFA); and
Whereas, the OFA currently manages a fair and measured
process for attaining federal recognition, which includes a
number of important steps that a petitioner must complete
before being granted this status; and
Whereas, it is irresponsible for any governmental body,
including the United States Congress, to bypass this process
in favor of certain groups claiming to be tribal governments.
Now therefore let it be Resolved that, the Inter-Tribal
Council of the Five Civilized Tribes opposes efforts by any
group attempting to gain federal or state recognition that
circumvents the Office of Federal Acknowledgement (OFA).
Be it further Resolved, the Inter-Tribal Council opposes
current efforts by the ``Lumbee Tribe'', ``Chickamauga
Tribe'', ``Wolf Creek Cherokee'', and any other groups
illegitimately claiming tribal recognition without following
the outlined process of the OFA
CERTIFICATION
The foregoing resolution was adopted by the Inter-Tribal
Council of the Five Civilized Tribes meeting in Tulsa,
Oklahoma on this 15th day of July, 2022, by a vote of All in
favor for 0 against and 0 abstentions.
Bill Anoatubby,
Governor, The Chickasaw Nation.
Gary Batton,
Chief, Choctaw Nation of Oklahoma.
Chuck Hoskin, Jr.,
Principal Chief, Cherokee Nation.
David W. Hill,
Principal Chief, Muscogee (Creek) Nation.
Lewis J. Johnson,
Chief, Seminole Nation of Oklahoma.
____
Tribal Leaders Fight To Defend Culture and Sovereignty 141 Tribes
Oppose Efforts To Undermine Tribal-Protection Measures
Summary
In 1978, tribal leaders and the National Congress of
American Indians worked with Congress to create the Office of
Federal Acknowledgement to facilitate federal recognition of
tribal governments. The leaders sought to ensure that
eligible tribes were able to obtain recognition but also
expressly sought to protect legitimate tribes from groups
making false or questionable claims.
Now, several groups who lack a common language, evidence of
native ancestry or the ability to meet any of the standards
as a historical tribal government are seeking to avoid
scrutiny of their claims by seeking political recognition
through Congress.
A growing coalition of 141 tribal nations is opposing any
effort to circumvent the OFA process, saying that Congress
should defer to the OFA process. While Congress certainly has
the authority to recognize Tribes and correct any errors in
the OFA process, political lobbying and horse-trading in
Congress should not displace historical verification and
evidence of a groups' claims.
``. . . recognition of groups claiming to be tribal nations
with uncertain status as to historical tribes and without a
close review of claims to Native ancestry imperils the
government-to-government relationship between the United
States and federally recognized tribal nations.''--Excerpt
from Resolution of North Eastern Oklahoma Tribes, August 17,
2022.
[[Page H7271]]
``USET has passed several resolutions supporting
administrative recognition over legislative recognition,
because administrative recognition provides an orderly
process, administered by experts, such as ethno-historians,
genealogists, anthropologists, and other technical staff,
that is insulated from political considerations unrelated to
the historic legitimacy of a Tribal Nation.''--Excerpt from
Resolution of the United South and Eastern Tribes COLT),
October 27, 2015.
``As a tribal nation that was historically removed from our
ancestral homelands, the Muscogee Nation is familiar with the
risks inherent in granting federal recognition to a tribe
that is not who they claim to be . . . hasty political
decisions granting a group of people federal recognition
significantly undermine the rights of legitimate tribal
nations to protect the most sacred of sacred.''--Excerpt from
letter from Muscogee Creek Nation to Senators Schatz and
Murkowski, March 7, 2022.
Pending Bills in Congress Demonstrate Threat to Tribal Nations
S. 3443--MOWA Band of Choctaw Indians Recognition Act:
Claim to be descendent from Choctaw, Cherokee, Creek, and
other tribes.
The Office of Federal Recognition found that they bore no
descendancy from any historical tribe and that 99 percent of
their members had ZERO native ancestry.
Despite not even being Native Americans, this group is
seeking recognition by attaching language to a must pass bill
through back room political deals.
If successful, this group would have the right to claim the
culture and identities of the Choctaw tribe.
The group would have same rights as Choctaw, Cherokee,
Creek, and other federally recognized tribes have to the
remains of their ancestors, to their homelands, sacred sites
and many other.
This group would also be able to act as a sovereign nation
with the authority to tax, incarcerate and enter government
to government treaties with the United States.
HR 2758--Lumbee Recognition Act:
Serious questions remain about the legitimacy of their
claims,
The group is eligible to seek acknowledgment through the
OFA process but refuses to submit their claims for scrutiny
and instead are seeking to attach language to a must pass
bill through back room political deals.
They have no evidence of being a historical tribe. They
have no language, no treaties with the United States and no
customs, songs, dances or tribal religion.
At different times they have claimed descendancy from four
separate and unrelated tribes, changing their claims when
challenged. For over 40 years, they falsely claimed to be
Cherokee.
The group boasts nearly 100k members based on descendance
from a group of families that historians have testified
cannot be verified as Cheraw or even Native American at all.
If recognized by Congress this group would obtain rights to
the remains of ancestors, homelands, sacred sites, culture
and identity of numerous other legitimate tribes.
This group would also be able to act as a sovereign nation
with the authority to tax, incarcerate and enter government
to government treaties with the United States.
Tribal leaders recently came together in D.C. to discuss
the implications of these bills.
Mr. BRECHEEN. Mr. Speaker, if a Tribe cannot prove the necessary
documentation to receive Federal recognition, they should not receive
it by Congress' action.
If the Lumbee have a historical record of being a formal Tribe, if
they have evidence of lineage to any particular Tribe, if they had a
formal claim to the land that they now occupy, why would the BIA
repeatedly refuse to formally recognize them as a Tribe?
Whatever Tribe may have occupied the land near the Lumbee River has
long since dissipated. In fact, the 1956 bill that acknowledged the
Lumbee as a people stated that the Tribe around the Lumbee River had
fully assimilated into the surrounding European communities during the
colonial era before the Constitution was written.
The Lumbee agreed to the language in that bill in 1956 as a
compromise. In return for the Federal Government referring to them as a
distinct people, they promised they would not seek formal Federal
recognition.
Mr. Speaker, I include in the Record a copy of the 1956 hearing on
the Lumbee bill where a representative of the Lumbee stated they would
rather leave the county than accept the Federal recognition status.
That is a strong statement of promise.
They could look us up and find we are in the law; in the
books at Raleigh, and therefore we are honest in their sight.
That is No. 1.
Mr. Aspinall. Do you or any members of your organization
anticipate that after you might receive this designation you
would come to Congress and ask for any of the benefits that
otherwise go to Indian Tribes?
Reverend Lowery. No, sir. We would leave the county before
we would come under a reservation or anything like wards of
the government. We are citizens and always have been
citizens. We would leave before we would come on this
reservation.
The transcript of the hearing record makes clear that the
Lumbee Indians were not expecting to receive any federal
benefits or privileges as a result of the 1956 law.
Nonetheless, the Department of the Interior objected to the
bill because the United States has no treaty or other
obligation to provide services to these Indians. Because of
this, the Secretary of the Interior stated:
We are therefore unable to recommend that the Congress take
any action which might ultimately result in the imposition of
additional obligations on the Federal Government or in
placing additional persons of Indian blood under the
jurisdiction of this Department.
The persons who constitute this group of Indians have been
recognized and designated as Indians by the State
legislature. If they are not completely satisfied with such
recognition, they, as citizens of the State, may petition the
legislature to amend or otherwise to change that recognition.
Except for the possibility of becoming entitled to Federal
services as Indians, the position of this group of Indians
would not be enhanced by enactment of this bill.
Ultimately, the Congress amended the bill as requested by
the Department of the Interior by including the following
language: ``Nothing in this Act shall make such Indians
eligible for any services performed by the United States for
Indians because of their status as Indians, and none of the
statutes of the United States which affect Indians because of
their status as Indians shall be applicable to the Lumbee
Indians.'' Thus, the Indians of Robeson and adjoining
counties were designated as Lumbee Indians, but not granted
any eligibility for services or benefits.
The Department of the Interior has interpreted the 1956 law
as preventing the Lumbee Indians from utilizing the Federal
Acknowledgment Process to become a federally-recognized
Indian tribe. In 1989, the Solicitor for the Department of
the Interior concluded that the 1956 law forbids a
government-to-government relationship with the Lumbee
Indians.
Mr. BRECHEEN. Mr. Speaker, this bill undermines that verbal promise.
Constitutionally sound agreements to the Federal Government must be
adhered to. I think we should all agree to that. Nations fall apart
when people walk back commitments to one another.
The entire foundation of Tribal-Federal relations today is premised
on both sides upholding commitments, agreements, and treaties made two
centuries ago by our ancestors and our Founding Fathers.
Why do we uphold agreements?
Why do we uphold treaties? It is about trust.
The cornerstone to Tribal law is the adherence to promises made
hundreds of years ago. The Lumbee must be held to that standard, that
commitment from 70 years ago. Granting the Lumbee Tribal recognition
sets a dangerous precedent. Granting them recognition by going around
this 100-year-old process opens the floodgates for anyone who claims
themselves a Tribe to receive specific benefits through politics not
merit. This will lead to a vast and irresponsible increase in Federal
spending.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. WESTERMAN. Mr. Speaker, I yield an additional 1 minute to the
gentleman from Oklahoma.
Mr. BRECHEEN. Mr. Speaker, this will lead to a vast and irresponsible
increase in Federal spending. I would like to respectfully refute the
claim that this does not increase spending.
Mr. Speaker, I include in the Record the CBO report from the 117th
Congress scoring the exact same bill at a cost of $726 million over 10
years.
H.R. 2758, LUMBEE RECOGNITION ACT AS PASSED BY THE U.S. HOUSE OF
REPRESENTATIVES ON NOVEMBER 1, 2021
------------------------------------------------------------------------
By fiscal year, millions of
dollars--
-----------------------------------
2023 2023-2027 2023-2032
------------------------------------------------------------------------
Direct Spending (Outlays)........... 0 0 0
Revenues............................ 0 0 0
Increase or Decrease (-) in the 0 0 0
Deficit............................
Spending Subject to Appropriation 0 363 not
(Outlays).......................... estimated
------------------------------------------------------------------------
Statutory pay-as-you-go procedures apply? No.
Increases on-budget deficits in any of the four consecutive
10-year periods beginning in 2033? No.
Mandate Effects:
Contains intergovernmental mandate? No.
Contains private-sector mandate? No.
The legislation would:
Provide federal recognition to the Lumbee Tribe of North
Carolina
[[Page H7272]]
Extend services and benefits to the tribe provided by the
Bureau of Indian Affairs and the Indian Health Service
Authorizes the Bureau of Indian Affairs to take land into
trust for the benefit of the tribe
Estimated budgetary effects would mainly stem from:
Providing federal benefits to the newly recognized tribe
Legislation summary: H.R. 2758 would extend federal
recognition to the Lumbee Tribe of North Carolina, thereby
making the tribe and its members eligible for various federal
programs.
Estimated Federal cost: The estimated budgetary effect of
H.R. 2758 is shown in Table 1. The costs of the legislation
fall within budget functions 450 (community and regional
development) and 550 (health).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 2758
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-------------------------------------------------------
2023 2024 2025 2026 2027 2023-2027
----------------------------------------------------------------------------------------------------------------
Bureau of Indian Affairs:
Estimated Authorization............................... 0 15 33 37 43 128
Estimated Outlays..................................... 0 10 27 36 43 116
Indian Health Service:
Estimated Authorization............................... 0 39 79 80 81 279
Estimated Outlays..................................... 0 29 65 75 78 247
Total Changes:
Estimated Authorization............................... 0 54 112 117 124 407
Estimated Outlays..................................... 0 39 92 111 121 363
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted by the end of 2022. Providing
federal recognition to the Lumbee Tribe of North Carolina
would allow the tribe and its members to receive benefits
from various programs administered by the Bureau of Indian
Affairs (BIA) and the Indian Health Service (IHS). CBO
expects that those agencies and the tribe would require over
a year to document the tribe's membership and approve
contracts for services, so no federal spending would occur
until 2024. CBO estimates that implementing H.R. 2758 would
cost $363 million over the 2023-2027 period, assuming
appropriation of the estimated amounts.
Bureau of Indian Affairs: The Department of the Interior,
primarily through BIA, provides funding to federally
recognized tribes for various purposes, including child
welfare services, adult care, community development, and
general assistance. Based on recent per capita expenditures
for other federally recognized tribes located in the eastern
United States, CBO estimates that providing BIA services
would cost $116 million over the 2023-2027 period, assuming
appropriation of the estimated amounts. CBO expects that most
of that funding would go toward law enforcement and
infrastructure needs on the tribe's reservation.
Indian health service: H.R. 2758 also would make members of
the Lumbee Tribe eligible to receive health benefits from the
IHS. Using information from the tribe, CBO estimates that
about 44,000 of the tribe's 63,000 members live in the
service area that is covered by IHS. CBO expects that the
cost to service those people would be similar to current IHS
beneficiaries--about $1,700 for each person annually over the
2023-2027 period. Assuming appropriation of the estimated
amounts and adjusting for anticipated inflation, CBO
estimates that providing IHS benefits for the Lumbee Tribe
would cost $247 million over the 2023-2027 period.
Other Federal agencies: In addition to BIA and IHS funding,
certain Indian tribes also receive support from other federal
agencies, including the Departments of Education, Housing and
Urban Development, and Health and Human Services. Based on
their status as a tribe recognized by North Carolina, the
Lumbee already receive funding from those agencies. Thus, CBO
estimates that implementing H.R. 2758 would not increase
spending for those programs.
Pay-As-You-Go considerations: None.
Increase in long-term deficits: None.
Mandates: None.
Estimate prepared by: Federal Costs: Julia Aman (Bureau of
Indian Affairs), Rob Stewart (Indian Health Service);
Mandates: Rachel Austin.
Estimate Reviewed By: Justin Humphrey, Chief, Finance,
Housing, and Education Cost Estimates Unit; H. Samuel
Papenfuss, Deputy Director of Budget Analysis.
Mr. BRECHEEN. Mr. Speaker, just because CBO this time around didn't
score it, doesn't mean it doesn't have a cost. It just means they
didn't score it. The score from it 2 years ago was three-quarters of a
billion dollars.
Mr. WESTERMAN. Mr. Speaker, I yield 2 minutes to the gentleman from
North Carolina (Mr. Edwards).
Mr. EDWARDS. Mr. Speaker, I rise in opposition to H.R. 1101, the so-
called Lumbee Fairness Act.
I am proud to represent North Carolina's 11th District, which is the
home of the Eastern Band of Cherokee Indians, a Tribal Nation rich in
culture, language, and sovereignty that is a true treasure to the State
of North Carolina and to the United States.
In stark contrast, it must be noted that the Lumbee community has no
standing treaties with the Federal Government, no reservation land, and
no common language. The Office of Federal Acknowledgment under the U.S.
Department of the Interior, or OFA, was established to provide a
vigorous process that groups seeking Federal recognition must go
through, including genealogical and historical research.
This legislation wholly bypasses the OFA process, and I believe that
if the Lumbee community truly had a legitimate claim for Federal
recognition, they would go through that process like other prospective
Tribes have done.
Let us not circumvent our rules to bring this bill to the House floor
with the purpose of circumventing the rules for an alleged Tribal
Nation.
In my view, this legislation should have gone through the committee
markup process before being put on the floor as a suspension bill, as
has been done for numerous other bills this Congress, before being
given consideration by the full House.
If the administration or Congress allows the Lumbee to bypass the
OFA, it sends a clear message that other groups with dubious claims for
Tribal recognition can also avoid the deliberation and scrutiny that
the OFA petition process is designed to provide.
Mr. Speaker, I urge my colleagues to vote ``no'' on this legislation.
Ms. KAMLAGER-DOVE. Mr. Speaker, as someone who represents Tribal
communities in Los Angeles County who also seek recognition, it is
tough stuff when Tribal Nations are fighting with one another.
I hope that we can find a ``both/and'' rather than an ``either/or''
to many of these discussions. I rarely find folks are trying to fake it
and pretend that they are Native when they are not.
Mr. Speaker, I urge my colleagues to support the legislation, and I
yield back the balance of my time.
{time} 1630
Mr. WESTERMAN. Mr. Speaker, H.R. 1101 would extend Federal
recognition to the Lumbee Tribe of North Carolina, ensuring its members
are eligible for the services and benefits provided to members of all
federally recognized Tribes.
Again, I thank the sponsor for his work on this legislation, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Molinaro). The question is on the motion
offered by the gentleman from Arkansas (Mr. Westerman) that the House
suspend the rules and pass the bill, H.R. 1101, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WESTERMAN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________