Madam Speaker, I rise in strong support of the rule for H.R. 65, legislation to grant the Lumbee Indians Federal recognition. In the late 1500s, when English ships landed on the shores of Roanoke…
Madam Speaker, I rise in strong support of the rule for H.R. 65, legislation to grant the Lumbee Indians Federal recognition.
In the late 1500s, when English ships landed on the shores of Roanoke Island off the coast of North Carolina, the English discovered native Americans. Included among those native Americans were both the Cheraw and Pee Dee Indians, who were direct ancestors of the Lumbee Indians.
Later, in 1888, the Lumbees made their first effort at gaining Federal recognition. For at least 500 years, the Lumbee Indians have been inhabitants of this land; and for over half of that time that our country has been in existence, 119 of the 231 years of our country's history, the Lumbee Indians have been seeking the recognition and respect that they deserve.
As the largest tribe east of the Mississippi and the largest nonrecognized tribe in America, it is unfathomable that this tribe of 55,000 people has never been fully recognized by our government. H.R. 65 would provide equal treatment to the Lumbee tribe by correcting a half-measure that was adopted by this Congress in 1956, 51 years ago on this very day.
The 1956 half-measure acknowledged the Lumbees as Indians but cut off the tribe from the Federal statutes that apply to all other Federally recognized tribes. Every other tribe subjected by Congress to such a half-measure has since been fully recognized by a special act of Congress.
This would only apply to the Lumbees. It will not apply to the other tribes. You may hear arguments to the contrary, but this refers to correcting an injustice done by the Lumbee Act of 1956. So it is applicable only to this tribe.
H.R. 65 would do the same thing for the Lumbee tribe as it has done for two other tribes that were put in a similar circumstance. Thus, H.R. 65 is a long-overdue act of justice that would treat this tribe just like every other tribe in the same position has been treated. There is no question that the Lumbee Indians constitute an Indian tribe.
The State of North Carolina has consistently recognized that since 1885 under a series of State statutes, using different names for the tribe, until 1952, when the tribe held a referendum to decide upon its own name and not take a name imposed on it. They adopted the name Lumbee, drawn from the name of the river that the tribe was found at the time of the first white contact with these Indians in the 1730s.
The State amended its law to recognize the tribe under the name Lumbee in 1953, and that same bill was introduced in Congress to obtain Federal recognition under that same name. Before the Federal bill was enacted, though, Congress amended the bill to include termination language; and, as a result, Congress recognized the tribe in name only at the same time in 1956.
Because of this 1956 half-measure, the Solicitor General of the United States has ruled that the Lumbee tribe is not eligible for the tribal recognition process currently administered by the Department of the Interior and the Bureau of Indian Affairs. The Solicitor General has already ruled that the tribe has to come back to Congress to correct this injustice. Congress did it; Congress needs to correct it.
In any case, there's no need to send this back to the BIA. Why? Because the Department of Interior has already studied this tribe 11 separate times and each time has concluded that the Lumbees are indeed Indian, and they are descended principally from the Aboriginal Cheraw Tribe. The Department's own records also show that the modern day Lumbees are the same Indians first recognized by the State of North Carolina back in 1885 and by Congress by name in 1956. So Congress itself has put the Lumbee tribe in the Indian ``No Man's Land'' with the enactment of the 1956 half measure.
Congress has done this in the past to two other tribes, the Tiwas of Texas and the Pascua Yaqui of Arizona. In both cases, Congress has since gone back, passed special statutes extending full recognition to those tribes. So there is direct precedent for this action today, and it only is applicable to the Lumbees, and in all fairness, Congress should do the same for the Lumbees that they've done for other tribes that were in this unique position. This is all that we're asking, for the Lumbee tribe to be treated equally and fairly like every other tribe in this situation has been treated. If this is not done, the Lumbees will continue to be the only tribe in America left in this legal limbo, and that's fundamentally unfair to the Lumbee tribe. The recognition of an Indian tribe has always been done by the United States. Ultimately it's Congress's responsibility. More than half of the 565 tribes now federally recognized were recognized by Congress. And even after the Department of Interior established a separate procedure in 1978, Congress itself has still taken the effort to recognize nine tribes by special legislation when there were special circumstances, which is what we have here, special circumstances.
In 1935, D'Arcy McNickle, the Special Indian Agent of the Bureau of Indian Affairs, reported to Congress; this Special Indian Agent of the Bureau of Indian Affairs back in 1935 concluded, ``that they are Indians cannot be doubted,'' and I quote.
So now, in 2007, I trust that you and my colleagues will agree it is time for discrimination to end and recognition to begin. Join me in finally rectifying this wrong. Vote for the rule and vote for recognition for the Lumbee tribe.
Madam Speaker, in answer quickly to the questions raised by my colleague from Connecticut when he says they don't want to go before the BIA because they do the research, that is absolutely incorrect. We have records of 11 studies that the BIA has done and every time concluded this was an Indian tribe.
Secondly, he says this is opening a Pandora's box; what do we say to the other tribes? This deals with one tribe
with a specific statute that the Congress of the United States passed 51 years ago today called the Lumbee Act of 1956. That is what we answer. We are dealing with that specific law dealing with this specific tribe, and we have a specific bill today to answer the injustice Congress has done to this specific tribe that only deals with the Lumbee Tribe.
Third, there must be something, I guess, magical about going to the BIA. He asks, what are we afraid of? The answer is nothing. Not only have 11 studies already been done by the BIA, but the General Accounting Office itself says in conclusion in their own regulations under the law that authorized the BIA, the BIA's recognition process was never intended to be the only way groups could receive Federal recognition, and that is in statutory language itself.
So what are we afraid of? Nothing. They have been through 11 examinations. We are ready to rectify an injustice that occurred 51 years ago today. I believe it is long overdue that Congress do the right thing.
Madam Speaker, I would like to place in the Record at this point three letters which Mr. Rahall referred to from North Carolina's three governors over the last 31 years, both Democrat and Republican, including a former Member of this body, Congressman Jim Martin, who later became governor, as well as Governors Jim Hunt and Mike Easley, who support this effort for the Lumbees.
State of North Carolina,
April 18, 2007.
Hon. Nick J. Rahall, II,
Chair, Natural Resources Committee, House of Representatives,
Washington, DC.
Hon. Don Young,
Ranking Member, Natural Resources Committee, House of
Representatives, Washington, DC.
Dear Congressman Rahall and Congressman Young: Thank you
for the opportunity to submit written comments about pending
legislation for federal recognition of the Lumbee Tribe of
North Carolina by the Congress of the United States of
America. I believe full federal recognition of the Lumbee
Tribe by Congress is long overdue.
Recognition of and interaction with the Lumbee people as a
unique, distinct Indian tribe began when settlers from
Virginia, South Carolina and Europe first arrived in the Cape
Fear and Pee Dee River Basins after the Tuscarora War (1711-
1715). There, the settlers encountered a well-populated,
cohesive American Indian tribal group situated mostly along
and to the west of what is now known as the Lumber River in
Robeson County. As early as 1890, the U.S. Department of
Interior acknowledged this fact among others as evidence that
the Lumbee people are American Indians.
A proclamation by colonial Governor Matthew Rowan on May
10, 1753 stated that Drowning Creek (Lumber River in Robeson
County) was ``the Indian Frontier.'' Other historical records
of the eighteenth and early nineteenth centuries, including
Revolutionary War pensions for Lumbees who fought for
American independence, attest to the Lumbees as American
Indians.
In 1885, North Carolina's General Assembly passed a bill
recognizing and naming the Lumbee tribe ``Croatan.'' In 1911
the General Assembly changed their name to the ``Indians of
Robeson County'' and in 1913 to ``Cherokee Indians of Robeson
County.'' None of these names was chosen by the tribe. In
1953, the State officially changed the tribe's name to
``Lumbee Tribe of North Carolina'' following a 1952 tribal
referendum requested by the Lumbees and paid for by the State
in which this name was overwhelmingly chosen. These names all
apply to the same American Indian tribe.
For more than a century, North Carolina's Governors,
various state legislators and Members of the North Carolina
Congressional delegation have supported the effort by the
Lumbee Tribe to obtain federal recognition, beginning with a
petition to Congress in 1888. Enclosed are copies of letters
by former Governors James G. Martin (R) and James B. Hunt,
Jr. (D)--my immediate predecessors--attesting to the strong
bipartisan support for federal recognition that the Lumbee
Tribe has enjoyed during the last generation.
In the past, federal recognition has been denied because of
opposition by the Bureau of Indian Affairs and Department of
Interior on budgetary grounds. Each of several federal
investigations into the Lumbees' history, genealogy and
ethnicity has concluded that the Lumbees are in fact American
Indians. It follows that federal recognition should be
authorized for this long-standing American Indian Tribe.
Personally and on behalf of North Carolina, I offer to our
fellow Lumbee citizens and to the Congress our full,
unqualified support for Congressional recognition of the
Lumbee Tribe. I encourage your support for the Lumbee Tribe
and for the adoption of this bill.
I thank the House and the Natural Resources Committee for
holding this hearing and for allowing me to offer written
comments about the Lumbee Tribe recognition bill.
With warm personal regards, I remain
Very truly yours,
Michael F. Easley,
Governor.
Mr. Speaker, just in reference to some of the comments that have been made by those who are hindering the efforts to move forward with recognition of the tribe, let me answer those, because I think it's only in fairness that all of our colleagues who are listening to this debate understand this.
Number one, there is an accusation of bypassing the process. This is not bypassing the process. There have been 11 investigations done, ordered through the Department of Interior, Bureau of Indian Affairs. The tribe itself was ordered not to go any further with this process by the Solicitor General of the United States. The Solicitor General said to the Lumbees, because of the 1956 Lumbee Act, that specific act of Congress, you have got to specifically go back to Congress and get this situation corrected.
Secondly, there's been some comments about the name of the Lumbees. The name was chosen by the tribe prior to ever coming to Congress. The name was ratified by the State of North Carolina, after other names had been imposed upon the tribe. The tribe chose its own name, and when it came to Congress, it was the Lumbee, and that name was acknowledged by virtue of the very title, the Lumbee Act of 1956. So we're not hear today debating the name.
Third, in making any comment that the tribe is uncomfortable with going through the process and then there were comments about no reservation, no language. Well, those are not requirements, even under the BIA process. Those are not criteria. I mean, that's why the Lumbees have made such great contributions to our society. They have been fully integrated, as I outlined in my opening remarks. Medicine and law, banks and business, farms and factories, military, entertainment, athletic accomplishments, like the great Kelvin Samson, coach of the Indiana Hoosiers, who testified in a hearing about this.
And then, fourth, again, the accusation was made, as it was during the Rules debate, that this would open up problems with other tribes. Well, no, my friends, it won't. And please hear this clearly to all those who are listening.
This is dealing with a specific act, the Lumbee Act of 1956. That's why other tribes will not come in here and open the flood gates and demand that we do for them. The Lumbees are the only tribe in America in this situation created because of the 1956 act which the Solicitor General has told them to go back to Congress to correct.
There were two other tribes in this situation, the Tiwas of Texas and the Pascua Yaqui of Arizona. They were in the same situation. They came back to Congress; Congress rectified it.
So what does that mean? Quite simply, the only tribe in America in this situation are the Lumbee tribe. It is high time for us to let this discrimination and injustice end. They've waited 51 years. Today is our opportunity to correct the injustice and proceed with recognition.
If the gentleman would yield.
Twice it passed the House, H.R. 334 on October 28, 1993; prior to that, H.R. 1426 on September 26, 1991. No action was taken in the Senate at that time. Senator Jesse Helms decided to block any passage. Senator Dole, to her credit, when she was elected, the first bill Senator Dole dropped as a U.S. Senator was to recognize this tribe, because she realized this bill had been held up for those 32 years over in the Senate, even though the U.S. House had passed it twice.
So that is why this is a bipartisan, bicameral effort. Senator Dole's bill tracks the same language that we have here in the House. This is an effort we all recognize to correct an injustice that should have never happened.