Lumbee Federal Recognition

Termination Policy of the 1950s In the 1950s, the U.S. government decided that the best way to deal with all Indian tribes was to terminate its relationship with them This meant that the government would no longer provide federal assistance to tribes This policy affected the Lumbee as well…

1956 Lumbee Act In 1956, the Lumbee Act was passed by the U.S. Congress The government recognized the Lumbee name and tribe In the last few lines of the law, lines were added that stated that the Lumbee could not receive services from the U.S. government That clause was an attempt to terminate the U.S. government relationship with an Indian tribe, this one being the Lumbee

Attempts at Federal Recognition Since… the Lumbee have made several attempts to obtain Federal Recognition from the United States government While the tribe was recognized as the “Croatan” by the state of North Carolina in 1885, it has never been recognized by the US government

What is Federal Recognition? The political and legal relationship between the federal government and a tribal government It is a government-to-government relationship It is NOT a relationship which determines who is or who is not Indian Federal recognition is not about tribal identity

Service provided to Federally Recognized Tribes Tribes who are federally recognized have: Exemptions from state and local jurisdiction, enabling native governments to establish their own laws and policies regarding their lands and people Native governments may receive funds, loans, and grants for use in developing and establishing services and programs.

Four Ways to Become Federally Recognized 1.Treaty 2.Administrative process 3.Legislative process 4.Executive Order

Treaty If a tribe had a treaty with the United States government, it is considered a federally recognized tribe The last treaty signed with the government was in 1881 The government passed a law that they would issue no more treaties with tribes If a tribe has no treaty with the government, they cannot be recognized this way

Bureau of Indian Affairs U.S. Government- Executive Branch U.S. Department of the Interior National Park Service U.S. Fish & Wildlife Services Bureau of Land Management Office of Surface Mining Minerals Management Service U.S. Geological Survey Bureau of Reclamation Bureau of Indian Affairs

Administrative Process Tribes are to submit a petition to the Bureau of Indian AffairsBureau of Indian Affairs In the petition, the tribe must meet 7 criteria: 1)the identification of the petitioner as American Indian from historical times; 2)demonstration of a community from historical times; 3)demonstration of political influence; 4)evidence of a governing system; 5)a list of tribal members; 6)that current members are not members of any other tribe; and 7)that the petitioner was not formally terminated by the government.

Legislative Process Congress can pass a bill to make a tribe federally recognized

Executive Order The President of the United States can issue an Executive Order declaring a tribe recognized by the federal government

The Effects of the Lumbee Act Because of the 1956 Lumbee Act, the Lumbee cannot become recognized in the following ways: Treaty: The tribe never made a treaty with the U.S. government Administrative: Due to the clause at the end of the 1956 Lumbee Act, the tribe cannot receive services from the federal government, including the services of federally recognized tribes