Lumbee Fairness Act
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…
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
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. 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.
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.
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.