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After more than 100 years pursuing full federal recognition, the Lumbee Tribe of North Carolina is set to receive recognition. The National Defense Authorization Act, which includes provisions to recognize the Lumbee, passed the U.S. House and Senate and heads to the president’s desk.
Who are the Lumbee?
The Lumbee Tribe, or the People of the Dark Water, is a group of Indigenous people whose tribal complex is in Pembroke, North Carolina.
The ancestors of the Lumbee came from various tribal backgrounds, sheltering together while seeking safety along the Lumber River, also known as the Lumbee River, through times of colonization, disease and war, according to the tribe’s website.
They were recognized by the state of North Carolina as an Indigenous tribe in 1885.
Today, the tribe consists of almost 60,000 members and their tribal territory spans four counties — Robeson, Scotland, Hoke and Cumberland — their website states.
What difference will federal recognition make?
Gaining federal recognition is a milestone for any Indigenous tribe.
With federal recognition, the Lumbee Tribe will now be allowed to access resources, such as the Indian Health Service, the ability to take land into trust and the rights of self-governance.
Federal recognition also allows for the Lumbee to be covered by the Native American Graves Protection and Repatriation Act (NAGPRA).
Part of NAGPRA requires federal agencies and institutions that receive federal funding to work with recognized Indigenous tribes in returning human remains and cultural objects.
Prior to federal recognition, if the Lumbee wanted to have any items or ancestral remains repatriated, a federally recognized tribe would have to work with the Lumbee on a joint request for repatriation, according to the Department of the Interior.
Why has it taken so long to become federally recognized?
Since 1888, the Lumbee Tribe has been working toward federal recognition, but their efforts have been rejected by the government.
In 1956, Congress recognized the Lumbee as an Indigenous tribe, but denied them of any federal benefits that are associated with federal recognition, which they have been fighting for since.
During their 137-year push for recognition, they have received backlash from other tribes.
The Eastern Band of Cherokee, North Carolina’s only federally recognized tribe, has opposed the recognition of the Lumbee out of fear that the federal grants given to recognized tribes would decrease.
However, the backlash the Lumbee has received comes from tribes across the nation, not just the Eastern Band of Cherokee.
Critics from other tribes claim that the Lumbee do not have a clear historical or genealogical background that proves their Indigenous history, according to a letter sent to Congress by the Eastern Band of Cherokee and eight additional tribes in 2022.
Historically, the Lumbee were accepting of inter-tribal and inter-racial marriages – with the formation of the tribe originating from their ancestors of different tribal backgrounds seeking safety.
According to the tribe’s website, the Lumbee counter this argument by explaining that they come from “survivors of tribal nations from the Algonquian, Iroquoian and Siouan language families, including the Cheraw and other affected tribes.”
Will the Lumbee be allowed to participate in gaming?
With federal recognition, the Lumbee will now be allowed to create a reservation. This is crucial in determining whether they can open a casino.
Under the Indian Gaming Regulatory Act of 1988, only federally recognized tribes with tribal sovereignty are legally allowed to build and open casinos, according to the National Indian Gaming Commission.
This means that any casinos that a federally recognized tribe wishes to build must be on the tribe’s own reservation.
While the Lumbee have said that gaming is the least of their concerns while fighting for recognition, legally the tribe can now participate.
Will the Lumbee legally be allowed to grow and sell marijuana?
Due to tribal sovereignty, it is possible that the Lumbee will be legally allowed to sell marijuana, but only on tribal land.
In North Carolina, it remains illegal to grow, use or sell marijuana.
However, in 2021, it was legalized for the Eastern Band of Cherokee to sell medical marijuana on tribal land. In 2023, a referendum was passed to allow the sale of recreational marijuana as well.
So, if the Lumbee choose to allow the growth and sale of marijuana, their tribal sovereignty could make it legal.
What will the process look like from here/what’s next?
With the National Defense Authorization Act receiving a 77-20 Senate vote Wednesday, it was sent to President Donald Trump’s desk, where it awaits his signature.
Trump has previously expressed his support of federally recognizing the Lumbee Tribe.
After Trump signs the act, the Lumbee will be able to control their own economic growth with the establishment of a reservation.
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Blair Hamilton
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