Lumbee Federal Recognition

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Lumbee Federal Recognition
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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

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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

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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

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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

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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.

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Four Ways to Become Federally Recognized

• Treaty
• Administrative process
• Legislative process
• Executive Order

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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

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

• Tribes are to submit a petition to the Bureau of
  Indian Affairs
• In the petition, the tribe must meet 7 criteria
• the identification of the petitioner as American
  Indian from historical times
• demonstration of a community from historical
  times
• demonstration of political influence
• evidence of a governing system
• a list of tribal members
• that current members are not members of any other
  tribe and
• that the petitioner was not formally terminated
  by the government.

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Legislative Process

• Congress can pass a bill to make a tribe
  federally recognized

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Executive Order

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

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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