The Lumbee Indians of Robeson County, North Carolina, whose reservation is in the southern part of the state near the Lumber River from which they get their name, have a complex and highly debated history. They claim descent from the Cheraw Tribe and residence in N.C. since the early 18th century, but are still without the federal recognition for which they’ve fought for more than 120 years.
Native American Recognition
Recognition is important to the Lumbee because it would not only provide funds for schools but also qualify the tribe for Indian health care and Bureau of Indian Affairs scholarships. It would allow the tribe to self-govern and control its own judicial system while the government protects their land and resources.
The U.S. Bureau of Indian Affairs has granted recognition - self government and rights to certain federal benefits and protections - to more than 300 American Indian tribes in the U.S. The Bureau acknowledges a backlog of petitions for tribal recognition, but the ongoing struggle with the Lumbee garners attention for various reasons.
Indian Schools
In the past, the U.S. government entered into recognition relationships with Indian tribes so as to avoid conflict or gain access to natural resources. According to Lumbee historians, the tribe was always fairly peaceful with its neighbors had no materials of value.
In 1899 the Lumbee petitioned the U.S. government for recognition and the affixed support for education. The state of N.C. had recognized the tribe in 1885 and allowed the Lumbee to have separate Indian schools, but was unable to allocate sufficient funds for training Indian school teachers.
This 1899 petition was the first of many to be denied. The Commissioner for Indian Affairs at the time replied to the petition two years after its submission citing a lack of funds.
Indian Reorganization Act 1934
After many failed bills at both the state and federal levels, the Lumbee tried to gain recognition via the Indian Reorganization Act of 1934, which allowed tribes to be recognized if they could prove that at least a few members were half Indian and if they enacted a tribal constitution. But after undergoing much study by anthropologists and drafting a constitution, recognition was again denied.
Lumbee Act 1956
Congress passed the Lumbee Act in 1956, effectively recognizing the Lumbee as an American Indian tribe and at the same time blocking resources that other recognized tribes received. A condition in the Act read: “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.” The reason for this condition is still debated.
Since the wording in this Act disallowed the traditional federal relationship between the government and the tribe, they cannot now use the administrative process of the Bureau of Indian Affairs. The only option now is to submit an amendment to the language in the Act so that they can go through the Bureau’s recognition process. Lumbee historians, however, note that only two other tribes have been similarly affected by the Act and neither were ultimately made to go through the Bureau to achieve recognition.
Lumbee Recognition
Recent efforts have culminated in a recognition bill introduced on October 1, 2009 by Senators Richard Burr and Kay Hagan. They face opposition from Rep. Heath Shuler, who represents the Eastern Band of Cherokee in western N.C.
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