House Passes Lumbee Recognition Bill, Drawing Cherokee Nation Backlash

TAHLEQUAH,  Okla. (Dec. 17, 2024) — The U.S. House of Representatives passed the Lumbee Fairness Act on Tuesday, a move that has sparked controversy among tribal leaders and lawmakers. Cherokee Nation Principal Chief Chuck Hoskin Jr. condemned the legislation, calling it a decision based on "stories over evidence" and a threat to the integrity of the federal recognition process for Native American tribes.

The Lumbee Fairness Act aims to grant federal recognition to the Lumbee Tribe of North Carolina, providing access to federal funding and programs available to recognized tribes. The bill now heads to the Senate, where it faces uncertain prospects.

In a press statement, Chief Hoskin expressed hope that the Senate would block the measure, emphasizing the importance of adhering to the established federal recognition process. "For nearly 50 years, Interior's Office of Federal Acknowledgement (OFA) and the measured and diligent Part 83 process have brought integrity, fairness, and legitimacy to federal recognition," Hoskin said. "OFA—not Congress—should be the arbiter on these matters."

The OFA, established in 1978, evaluates petitions for federal recognition using strict criteria to ensure legitimacy and historical continuity. Hoskin argued that bypassing this process undermines the credibility of federal recognition, a stance echoed by the Inter-Tribal Council of the Five Civilized Tribes, which represents the Cherokee, Chickasaw, Choctaw, Muscogee (Creek), and Seminole Nations.

Rep. Josh Brecheen (R-OK), a vocal opponent of the bill, delivered remarks on the House floor and entered the Five Tribes' resolution opposing the legislation into the Congressional Record. "I thank Rep. Brecheen for his powerful remarks on the House floor and his leadership against this misguided bill," Hoskin said.

The Cherokee Nation and other tribal governments have long supported the OFA process, viewing it as the appropriate avenue for determining federal recognition. Critics of the Lumbee Fairness Act argue that bypassing this process sets a dangerous precedent. Hoskin highlighted that at least 10 other recognition bills are currently pending in the House. "Today, the House said it's OK to do so. Where does it end?" he asked.

Supporters of the Lumbee Fairness Act argue that the tribe has waited long enough for recognition, noting that the Lumbee have sought federal status since the 1880s. Congress passed a partial recognition bill in 1956 that denied the tribe access to funding and benefits. Proponents of the new bill, including Rep. David Rouzer (R-NC), claim it corrects a historic injustice.

The debate over the Lumbee Fairness Act highlights broader tensions within Indian Country regarding the balance between expedited recognition and the rigorous standards of the OFA process. As the bill moves to the Senate, tribal leaders and lawmakers are expected to continue their advocacy on both sides of the issue.

The Cherokee Nation remains firm in its position, with Hoskin reiterating, "Federal recognition either means something, or it doesn't."