Hearings to examine S.107, to amend the Lumbee Act of 1956.

1[Senate Hearing 119-275]2[From the U.S. Government Publishing Office]34                                                        S. Hrg. 119-27556                    S. 107, THE LUMBEE FAIRNESS ACT7=======================================================================89                                HEARING1011                               BEFORE THE1213                      COMMITTEE ON INDIAN AFFAIRS14                          UNITED STATES SENATE1516                    ONE HUNDRED NINETEENTH CONGRESS1718                             FIRST SESSION1920                               __________2122                            NOVEMBER 5, 20252324                               __________2526         Printed for the use of the Committee on Indian Affairs2728[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]29                                __________3031                   U.S. GOVERNMENT PUBLISHING OFFICE3262-673 PDF                  WASHINGTON : 20263334-----------------------------------------------------------------------------------35                      COMMITTEE ON INDIAN AFFAIRS3637                    LISA MURKOWSKI, Alaska, Chairman38                  BRIAN SCHATZ, Hawaii, Vice Chairman39JOHN HOEVEN, North Dakota            MARIA CANTWELL, Washington40STEVE DAINES, Montana                CATHERINE CORTEZ MASTO, Nevada41MARKWAYNE MULLIN, Oklahoma           TINA SMITH, Minnesota42MIKE ROUNDS, South Dakota            BEN RAY LUJAN, New Mexico43JERRY MORAN, Kansas4445Amber Ebarb, Majority Staff          Jennifer Romero, Minority Staff46    Director                             Director and Chief Counsel47Lucy Murfitt, Chief Counsel          Darren Modzelewski, Counsel48                                     Lenna Aoki, General Counsel4950                            C O N T E N T S5152                              ----------53                                                                   Page54Hearing held on November 5, 2025.................................     155Statement of Senator Cortez Masto................................    4256Statement of Senator Mullin......................................     357Statement of Senator Murkowski...................................     158Statement of Senator Schatz......................................     259Statement of Senator Tillis......................................     36061                               Witnesses6263Barnes, Hon. Ben, Chief, Shawnee Tribe...........................    3164    Prepared statement...........................................    3365Hicks, Hon. Michell, Principal Chief, Eastern Band of Cherokee66  Indians........................................................    2267    Prepared statement...........................................    2368Locklear, Arlinda, Esq., Special Counsel on Recognition, Lumbee69  Tribe of North Carolina........................................    1270    Prepared statement...........................................    1471Lowery, Hon. John, Chairman, Lumbee Tribe........................     672    Prepared statement...........................................     87374                                Appendix7576Hoxie, Dr. Frederick E., prepared statement......................    4977Letters submitted for the record................................. 56-6878Owle, Hon. Jim, Chairman, Eastern Band of Cherokee Indians Tribal79  Council, prepared statement....................................    5380U.S. Department of the Interior, prepared statement..............    558182                    S. 107, THE LUMBEE FAIRNESS ACT8384                              ----------8586                      WEDNESDAY, NOVEMBER 5, 20258788                                       U.S. Senate,89                               Committee on Indian Affairs,90                                                    Washington, DC.91    The Committee met, pursuant to notice, at 2:33 p.m. in room92106, Dirksen Senate Office Building, Hon. Lisa Murkowski,93Chairman of the Committee, presiding.9495           OPENING STATEMENT OF HON. LISA MURKOWSKI,96                    U.S. SENATOR FROM ALASKA9798    The Chairman. Good afternoon. The Committee will come to99order.100    On our agenda this afternoon is one bill, this is S. 107,101the Lumbee Fairness Act. It is introduced by our friend and102colleague, Senator Thom Tillis.103    This bill represents the latest effort in the Lumbee104Tribe's more than 120-year quest for full Federal recognition.105An identical companion measure passed the House of106Representatives earlier this year. It has been incorporated as107an amendment into the House version of the National Defense108Authorization Act.109    President Trump has also expressed support for Federal110recognition of the Lumbee Tribe. In a Presidential Memorandum111he declared it ``the policy of the United States to support112full Federal recognition of the Lumbee Tribe of North Carolina,113including granting the tribe eligibility to receive all114associated Federal benefits.''115    So, once again, it is the Senate's turn to take a closer116look. This Committee has had a long history of examining and117debating the Federal recognition process for tribes, including118whether recognition should occur through the administrative119process at the Department of Interior's Office of Federal120Acknowledgement under Part 83 or through direct Congressional121action.122    Our Committee has also heard arguments that favor and123oppose Lumbee going through the administrative process at124Interior under Part 83 versus the Congressional legislative125recognition process. So today's hearing continues that work126with respect to the Lumbee Tribe.127    I think it is important to remember that Congress has never128given up its Constitutional authority to decide whether a group129constitutes a tribe. As recently as 2019, Congress granted full130Federal recognition to four tribes through passage of the NDAA,131and since 1978, when the Interior established its132administrative process, Congress has recognized at least 39133tribes.134    So this is serious work. And it is work that I take135seriously both as a Senator and as Chairman of this Committee.136    Full Federal recognition establishes a government-to-137government relationship between the United States and the138Tribe, and it also creates a fiduciary trust responsibility on139the part of the Federal Government to the Tribe and to its140members. Recognition makes a tribe eligible for the special141programs and services the United States provides to Native142peoples because of their status as Indians.143    It also affirms important elements of tribal sovereignty,144the ability to govern their own affairs, to tax, to establish a145tribal court system, and to exercise limited immunity from146certain State and local laws.147    Federal recognition can also open the door to specific148economic opportunities, including the ability to conduct gaming149under the Indian Gaming Regulatory Act.150    We have a full panel of witnesses with us today, and I am151looking forward to hearing from them. However, it is notable152that no representative from the administration is present. We153did extend an invitation to the Department of Interior, but due154to the ongoing government shutdown, the Department declined to155testify in person. The Department has submitted written156testimony, which will be made part of the hearing record and157posted on the Committee's website, alongside the rest of our158written submissions.159    So with that, I will turn to Vice Chairman Schatz for his160introductory remarks.161162                STATEMENT OF HON. BRIAN SCHATZ,163                    U.S. SENATOR FROM HAWAII164165    Senator Schatz. Thank you, Chair Murkowski, for calling166today's hearing on the Lumbee Fairness Act. Congress' authority167over Indian affairs is broad. It is enshrined in the168Constitution and it is plenary.169    One of our most sacred duties in the exercise of this170authority is Federal acknowledgement. We do this by either171delegating our power to the executive or directly recognize172tribes by statute. Either way, Federal recognition forms the173basis for a tribal government-to-government relationship with174the United States that is political in nature and incredibly175powerful.176    To put this Congressional power into historical context,177until 1871, the United States carried out its Indian policy178through treaty negotiations. Treaty-making was replaced in179favor of the legislative process that we use today.180    Over 150 years, Congress has federally recognized just 39181tribes. So it is especially poignant that since 1888, Congress182has considered dozens of bills related to the Lumbee Tribe and183our Federal obligations to them. The majority have been on184Lumbee recognition alone, including Senator Tillis' S. 107,185bipartisan legislation that I am a co-sponsor of.186    The House of Representatives has passed several Lumbee187recognition bills and the Senate has had multiple hearings over188several decades. We are here today to continue to build on that189record. Each time we have a hearing on Federal recognition for190the Lumbee Tribe, we learn more. This is a deliberative191process, as it should be. Federal recognition of a government-192to-government relationship between sovereigns is rare. That is193because no aspect of Congressional power over Indian affairs is194greater than our ability to recognize Tribal relations with the195United States.196    Thank you to our witnesses for being here today. I look197forward to your testimony and the opportunity to add to the198record.199    The Chairman. Thank you, Vice Chairman Schatz.200201              STATEMENT OF HON. MARKWAYNE MULLIN,202                   U.S. SENATOR FROM OKLAHOMA203204    Senator Mullin, I will give you the courtesy of any205comments if you wish. But otherwise, we will turn to our206colleague.207    Senator Mullin. Senator Tillis is very impatient. I don't208want to get in his way. He kind of gets grumpy.209    Senator Tillis. Like Senator Mullin.210    [Laughter.]211    The Chairman. We will immediately turn it over to the212sponsor of the bill, Senator Tillis. Thanks for coming over to213the Committee. You may proceed with your remarks, and welcome.214215                STATEMENT OF HON. THOM TILLIS,216                U.S. SENATOR FROM NORTH CAROLINA217218    Senator Tillis. Thank you. Chair Murkowski, Vice Chair219Schatz, Senator Mullin, and distinguished members of the220Committee, on behalf of Senator Budd, myself, and members of221the North Carolina Congressional delegation, I want to thank222you for the opportunity to speak in support of the Lumbee223Fairness Act.224    This issue has come before Congress many times over the225decades, but never with this level of unity and support. These226days, it is rare to see Republicans and Democrats come together227on anything.228    But when it comes to Lumbee recognition, the support is229overwhelming, and it is bipartisan. We are talking about230support from President Donald J. Trump, President Biden, Vice231President J.D. Vance, former Vice President Kamala Harris,232Governor Josh Stein, the North Carolina General Assembly, and233nearly every member of our State's Congressional delegation.234    Here in the Senate, nearly two dozen members from both235parties have co-sponsored the Lumbee Fairness Act, including236Senator Schatz and Senator Mullin, who sit together on this237very Committee. And maybe most remarkable, more than 235238federally-recognized tribes who have stood with the Lumbee239people, including the Alaska Federation of Natives,240representing 186 tribes and corporations.241    I also want to offer my special thanks to president242Benjamin Mallott and former president Julie Kitka for their243unwavering support, unsolicited, and unwavering support.244    This kind of unity is rare. It proves that fairness for the245Lumbee Tribe isn't partisan; it is simply the right thing to246do.247    The Lumbee's history is long and well-documented. They were248recognized by the State of North Carolina in 1885, and began249seeking Federal recognition just three years later. That was250137 years ago. During the 20th century, the Lumbee were among251the dozens of victims of the termination era, one of the252darkest periods in Federal Indian policy.253    In 1956, Congress passed the Lumbee Act. It acknowledge the254tribe but cruelly denied them the benefits and the recognition255that every other tribe receives. The Federal Government has256since worked to correct the grave injustices of the termination257era for nearly every single tribe except for the Lumbee.258    Time and again, the Lumbee have proven their case. The259records are filled with testimony, studies, and reports that260all lead to one conclusion: the Lumbee are a tribe fully261deserving of Federal recognition. The House has acknowledged262that repeatedly, passing Lumbee recognition with broad263bipartisan support in every Congress since the 116th. This264year, it was unanimously included in the House-passed NDAA,265without a single voice of opposition.266    In 2022, I promised to identify and expose the small but267persistent opposition to this bill. I have done that homework.268What I found is simple: a small handful of well-funded tribes,269hiring high-priced D.C. lobbyists to spin half-truths and stir270fear, motivated by profit, not principle.271    At the center of that opposition is the Eastern Band of the272Cherokee Indians, who I assume you will hear from today, and273their constituents of North Carolina, and their lead advisor,274William Pipestone. Plain and simple, their opposition is rooted275in financial self-interest.276    And that is their right. But let's not pretend it is277anything more than that. The Eastern Band has opposed nearly278every recognition effort in their geographic vicinity that279might affect their financial interests. They even tried to280block the Catawba Tribe's land into trust application and lost,281something I also supported.282    Now, they are running the same playbook against the Lumbee.283They are spending millions of dollars on lobbyists and pay-for-284play reports that have been discredited and condemned by the285National Congress of American Indians. It is disappointing to286see this kind of money wasted on tearing down other tribes287instead of lifting up their own people.288    However, the lobbying has failed. The ship has already289sailed and it is headed full speed toward Lumbee recognition.290Today, you will hear the same tiring talking points, that this291somehow sets a bad precedent, that Congress should sit back and292just let the Interior Department handle it.293    That argument doesn't hold water. Recognition through294Congress is the precedent. It is the norm. Since 1978, twice as295many tribes have been recognized by Congress through the296administrative process. Congress has recognized tribes by297legislation many times, including the Little Shell Tribe of the298Chippewa Indians in the Fiscal Year 2022 NDAA, and six Virginia299tribes in 2017. I supported both because it was the right thing300to do.301    Next month will mark 25 years since Congress passed302legislation to grant the Shawnee Tribe full Federal303recognition. So, when people say Congress shouldn't act, what304they really mean is Congress shouldn't act when they don't like305the outcome. I invite anyone with doubts to visit Robeson306County, Hoke County, or Scotland County. Go to the University307of North Carolina and Pembroke, founded by and for the Lumbee308people.309    You will see the rich Lumbee culture, their deep roots in310North Carolina, and their extraordinary contributions to our311State and our Nation. You will find a community defined by312pride and resilience and service, educators, first responders,313health care professionals, small business owners and farmers.314And situated just miles from Fort Bragg, the largest military315installation in the world, you will meet countless Lumbees and316veterans who have served our Country honorably for generations.317They have done everything this Nation has ever asked of them,318and all they ask in return is fairness.319    I do know one leader who has visited Robeson County and has320stood with the Lumbee people. That is President Trump. Just321three days into his second term, President Trump made it the322official policy of the United States Government to support full323Federal recognition of the Lumbee Tribe. That includes access324to every Federal benefit that they have earned. And now is the325time for Congress to act.326    The Lumbee people have waited long enough. They don't ask327for special treatment, only fair treatment. They have earned328and deserve full Federal recognition. To my friends and329colleagues on this Committee, I hope you understand just how330important this is, not only to the Lumbee Tribe and the people331of North Carolina, but to me personally.332    Madam Chair, I am about to wrap it up. I know I am over333time. But I really need to emphasize what personal means to me.334I became speaker in 2011. Shortly after I became speaker, I met335none other than the now-chief, he was the principal chief at336the time, Michell Hicks. He came in to tell me the story about337the Cherokee and how they need to negotiate a new compact. And338I told the chief at the time, I said, I need to study this, but339quite honestly, I am embarrassed to say, I don't know much340about your story in North Carolina.341    So I took time to figure out that story. And this bill, and342that study, and the wrong that I wanted to fix there, was343embodied in a bill that was passed by none other than me, and344it is the only bill in the entire time I was Speaker of the345House that I allowed to go to the Floor that did not have a346Republican majority vote.347    Thankfully, Congressman Tim Moore, who was my Rules Chair348at the time, was able to shepherd this through and create a349transformational result for the Eastern Band of the Cherokee.350    Now, two years later, I discovered the Lumbee Tribe, and I351realized that they were working hard to maintain their culture352and to do everything that they could if they were to go through353the administrative process to prove that they had done the354homework, which is why I signed another bill making sure that355their cultural heritage could be maintained and continue to go356through the process that they were prepared to go through.357    But the defect in the statutes is going to prevent this358from happening. The only way this happens is through Federal359recognition and through an act of Congress.360    So, Madam Chair, I appreciate your leadership and I have361appreciated your friendship in the ten and a half years, almost362eleven years that I have been here. But when I tell you it is363personal to me it is because it is because it is an injustice364that needs to be righted.365    I look forward to your serious consideration and I look366forward to listening to the testimony. Thank you.367    The Chairman. Thank you, Senator Tillis, for your remarks368today, as well as your continued relentless advocacy.369    Now we will invite the witnesses up to the table, please.370We will have the Honorable John Lowery. Mr. Lowery is the371Chairman of the Lumbee Tribe from Pembroke, North Carolina. We372have Arlinda Locklear, who is a tribal attorney from here in373Washington, D.C. We have the Honorable Michell Hicks, who is374the Principal Chief of the Eastern Band of Cherokee Indians,375from Cherokee, North Carolina, as well as the Honorable Ben376Barnes, who is the Chief of the Shawnee Tribe from Miami,377Oklahoma.378    To all of you, we would remind you that we do have your379full written testimony, which will be included as part of the380official record. We would ask that you keep your comments to no381more than five minutes, so that we have plenty of time for382members to ask questions.383    I introduced you going in this direction, so we will just384continue it, beginning with you, Mr. Lowery. Welcome to the385Committee, and you may proceed.386387     STATEMENT OF HON. JOHN LOWERY, CHAIRMAN, LUMBEE TRIBE388389    Mr. Lowery. Chairwoman Murkowski, Vice Chairman Schatz,390Senator Mullin, thank you for convening this hearing today and391for the opportunity to speak in support of S. 107, the Lumbee392Fairness Act. I am John Lowery, Chairman of the Lumbee Tribe.393    The Lumbee Tribe has a longstanding appreciation for the394vital work of the Senate Committee on Indian Affairs. Over the395past 30 years, we have benefitted from at least nine hearings396before this Committee.397    Throughout the time, we have received strong support from398past committee chairs, such as Senator Ben Nighthorse Campbell,399Daniel Inouye, Daniel Akaka, John McCain, Byron Dorgan, and400many others who were true friends of Indian Country. Senators,401please know that your commitment to tribe and your attention to402the Lumbee are deeply valued and appreciated.403    I am also proud to highlight the tireless efforts of North404Carlina's senior Senator, Thom Tillis, on behalf of the Lumbee405Fairness Act. Alongside Senator Ted Budd, they have championed406and sponsored the cause of full Federal recognition for our407tribe following the bipartisan footsteps of North Carolina408Senators Terry Sanford, Elizabeth Dole, and Richard Burr.409    As you are aware, the House of Representatives has again410taken action on our legislation, led by Congressman David411Rouzer and with the support of nearly the entire North Carolina412delegation, H.R. 474 was included as an amendment to the Fiscal413Year 2026 National Defense Authorization Act. Just this414morning, President Trump issued a statement supporting the415advancement of full Federal recognition of the ``great Lumbee416Tribe of North Carolina.''417    I would like to point out also that we have Catawba Nation418Chief Brian Harris and Assistant Chief Patricia Leach with us419today. They are our brothers and sisters directly to the west420of us, with whom we share a close bond.421    We also have Chief Keith Anderson of the Nansemond Indian422Nation of Virginia, who are our brothers and sisters to our423north. They are all standing in solidarity with the Lumbee424people.425    Behind me are members of the Lumbee Warriors Association,426who are veterans of the United States Armed Forces, and we also427have numerous Purple Heart recipients, including Mr. Rudy428Locklear. Their service exemplifies the patriotism and the love429of country that defines as a people.430    Senators, my roots run deep in Lumbee history. I am a431direct descendant of Henry Berry Lowery, who during the Civil432War led a campaign against a Confederate home guard as they433encroached on Lumbee land and conscripted our Indian people.434Henry witnessed the murder of his father and brother, execution435style, by Confederate leaders, and he vowed revenge. My great-436grandfather's grandfather and members of the Lowery gang fought437back against those who sought to oppress and steal from us.438    Additionally, I am a descendant of Solomon Locklear, Sr.,439one of 44 tribal leaders who in 1888, 1888, petitioned Congress440to recognize the Lumbee Tribe, an essential step toward441securing Federal funding for our children's education. Today,442137 years later, I stand before you once again advocating for443justice and equal treatment through full Federal recognition.444    In 1956, the United States Congress passed the Lumbee Act.445Sadly, that law was enacted during the height of the Federal446Indian termination era, a period when the Federal Government447was actively ending tribes' legal relationships with the United448States.449    While the 1956 Act says that we are Lumbee Indians, it also450included language stating that our tribe, the Lumbee Indians,451were not eligible for full services or benefits. The language452specifically says, ``Nothing in this act shall make such453Indians eligible for any services performed by the United454States for Indians because of their status as Indians. And none455of the statutes of the United States which affect Indians456because of their status as Indians shall be applicable to the457Lumbee Indians.''458    This problematic language of the termination era continues459to hinder us today, placing the Lumbee in a legal limbo that460only Congress can resolve. There is no bureaucratic process461that can amend what Congress has legislated.462    Thankfully, since the end of termination, Congress has463repeatedly taken steps to undo these unjust laws and move464toward self-determination. I am confident that this year,465Congress will finally amend this law, this flawed law, and466extend the full services and benefits that the Lumbee deserve.467    A tribe's legal status should be clear, concise and468unambiguous. The Lumbee Fairness Act ensures this for our469tribe.470    In 1958, just two years after the Lumbee Act, the Ku Klux471Klan attempted to intimidate our community by rallying in472Lumbee territory and burning a cross. However, that night, more473than 100 tribal members, many of whom were World War II474veterans, stood ready, armed with rifles and shotguns, and475successfully drove the Klan away. It is only by the grace of476God that no lives were lost that night, and the headlines477across the Country bore witness to the resilience of the Lumbee478Indians.479    Today, I stand before you as a leader of a people who have480never been afraid to fight, to stand our ground and to resist481oppression. When we are pushed, we push back.482    As a descendant of Henry Berry, Solomon, and the brave483Lumbee who faced down the KKK, I urge you all to act now to do484everything within your power to pass the Lumbee Fairness Act485and eliminate harmful termination era language. Henry, Solomon,486my grandparents, my father, and many others who are no longer487with us, Senators Sanford, Inouye, Akaka, McCain, have all488passed on. Senator Dole is in her twilight years.489    Do not let us bury another Lumbee or lose another ally in490this fight for justice. Congress must move to ensure the Lumbee491Indians are no longer second class Natives in our own land.492Thank you.493    And Chair, I would like to submit into the record a494comprehensive list of resolutions and letters from federally-495recognized tribes and tribal entities that support Lumbee496recognition. The list includes Catawba, Tunica-Biloxi, Oneida497Nation of Wisconsin, Pascua Yaqui, Mashantucket Pequot, and498many more.499    Thank you.500    [The prepared statement of Mr. Lowery follows:]501502     Prepared Statement of Hon. John Lowery, Chairman, Lumbee Tribe503    Chairwoman Murkowski, Vice-Chairman Schatz, and members of the504Committee, thank you for holding this hearing, and for the opportunity505to appear before you today in support of S. 107, the Lumbee Fairness506Act. My name is John Lowery. I am the duly elected Chairman of the507Lumbee Tribe of North Carolina.508    The Lumbee Tribe has long appreciated the vital work of the Senate509Committee on Indian Affairs. Over the last three decades, we have510benefitted from at least nine hearings before this Committee, and we511remain grateful for the Committee's work to favorably report our bill512out of this Committee at least five times. Senators, please know we513appreciate your commitment to Indian Country, and the kind attention514you give to the Lumbee people again today.515    It is with great pride that I also highlight the work of the senior516Senator from North Carolina, Senator Thom Tillis, who has been tireless517in his efforts on behalf of the Lumbee Fairness Act. Together with518Senator Ted Budd, they have again done the honorable and important work519of sponsoring and championing full Federal recognition for the Lumbee520Tribe. They follow in the bipartisan footsteps of North Carolina521Senators Terry Sanford, Elizabeth Dole and Richard Burr, who during522their terms introduced legislation for our Tribe a total of thirteen523times before passing the baton in succession to each other, and now to524Senators Tillis and Budd.525    We will never forget what these proud North Carolinians have done526for the Lumbee people; they have our people's everlasting gratitude.527Based in no small part on their work, today, S.107 enjoys wide528bipartisan support from the nineteen Republican and Democratic co-529sponsors of this important legislation, and we are so grateful to each530of them.531    As you know, the House of Representatives has once again acted on532the House version of our legislation. Championed by our Congressman533David Rouzer, and enjoying bipartisan sponsorship from nearly all of534the North Carolina delegation, H.R. 474 was added as an amendment to535the House's Fiscal Year 2026 National Defense Authorization Act.536    Today I am here as a direct descendant of Solomon Locklear, Sr.,537who was one of the 44 tribal leaders who signed a petition to Congress538in 1888 asking the United States to recognize our Tribe, a crucial539predicate to obtaining Federal funding to educate our Lumbee children.540One hundred and thirty-seven years later, I am here again on the same541business as my ancestors--to seek from Congress justice and the equal542treatment of the Lumbee people through full Federal recognition. Seated543immediately behind me are representatives of the Lumbee Honor Guard,544all veterans of the United States armed forces. The Lumbee Honor Guard545reflects my people's patriotism and love of country so fundamental to546who we are as a people. We ask our country, in return, to do right by547the Lumbee Tribe.548Lumbee Tribal Community and History549    Home for us is the area in and around what is now Robeson County,550North Carolina. This has been our home since the time of European551contact when we were forced to take refuge in the swamps of Robeson552County to find protection from ever-increasing encroachment from non-553Indian settlement. We have been there ever since. Many of you have554visited our home, and for those that have not, we urge you to meet our555tribal members and experience this vital part of Indian Country.556    Our roughly 60,000 enrolled members all directly descend from557historical lists of tribal members that date back to the early 1900s.558Our kinship ties to one another define our people. All of our people559maintain close ties and live in communities--what you might call560neighborhoods--that are composed of nearly all Lumbee residents. Most561of our people attend schools and churches that are mostly Lumbee and562marry other Lumbees. We have historic Lumbee institutions in our563community that reinforce these community ties. For example, we have564church conferences that consist of all Lumbee churches, such as the565Burnt Swamp Baptist Association, which was formed around the turn of566the twentieth century. There is also a separate Methodist conference567for our Indian churches.568    Our tribal government is organized according to our tribal569constitution. We have a Chairperson elected by the Lumbee citizenry,570and a Tribal Council composed of 21 tribal representatives elected from571districts within our territory. We live and exercise tribal authority,572independence and self-governance. We are a fiercely independent people,573with a very long history as a cohesive, self-governing community. We574have protected our community in part by organizing and exercising our575influence in local offices that affect our people on a day-to-day576basis. Lumbees serve in all levels of local government--as county577commissioners, on the board of education, as superior court and578district court judges, and district attorneys. The Town of Pembroke,579which is the heart of Lumbee territory, has a Lumbee mayor and all-580Lumbee town council. \1\ The Chancellor at the University of North581Carolina is also Lumbee. \2\582---------------------------------------------------------------------------583    \1\ The Town of Pembroke was incorporated in 1895. But at that584time, it was singled out as the only incorporated town where the585Governor appointed the mayor and other leaders. All those appointees586were non-Indians. Our Lumbee warriors returning from World War II587refused to accept this situation. In 1945, State law was changed under588pressure of Lumbee people to allow for election of these positions.589Ever since, the Town of Pembroke leadership has been all Lumbee.590    \2\ The University began as ``the Indian Normal School,'' and was591designated by the State of North Carolina as an historically American592Indian university in 2005. General Assembly of North Carolina, Session5932005, Sess. Law 2005-153, Bill 371.594---------------------------------------------------------------------------595    There is one other important thing to know about our people. Our596community is dedicated to ensuring the best possible education for our597children. Shortly after the Lumbee Tribe was formally recognized by the598State of North Carolina in 1885, the State authorized the Tribe to run599its own school district for our children. Tribal leaders controlled it600completely and enrollment was limited to Lumbee children only. Two601years later, the State authorized an ``Indian normal school'' to train602teachers for our Indian schools, but provided no money for construction603of facilities. This why in 1888 our tribal leaders approached Congress604to request that the Federal government recognize the Tribe and by doing605so provide Federal funding for education.606    In the absence of Federal funding, tribal members pooled their607resources and built their own Indian normal school to train Lumbee608teachers for our Lumbee run school system. The Indian normal school609evolved over time and eventually became the University of North610Carolina at Pembroke--a remarkable achievement by any standard. So even611though our efforts to obtain Federal Indian education assistance612failed, our dedication to the education of our children persisted. In613fact, the Tribe operated its own Indian schools and the Indian normal614school until the mid-1970s, when a Federal judge ordered the615desegregation of our schools because the Tribe was not Federally616recognized.617    Lumbee Tribal community and history also have been the subject of618extensive professional research and is well-documented by a host of619doctorate-level and legal experts. I am attaching to my testimony today620the Prepared Statement of Dr. Fred Hoxie, who along with various other621experts, like Dr. Jack Campisi, have testified before Congress on622multiple occasions confirming the Lumbee Tribe's status as a tribe623deserving of federal recognition. I am also honored to be joined in624this hearing today by the United States' foremost legal expert on625federal recognition, Ms. Arlinda Locklear, who I am proud to say is626also a member of the Lumbee Tribe. Ms. Locklear will testify in much627greater detail about the immense amount of documented scholarship628verifying the vitality and continued existence of our community.629    Respectfully, I say all of this to demonstrate that the Lumbee are630a vibrant, productive, proud people, and we have dealt with the same631problems as other Indian communities. We have not only survived, we632stand strong. We are well known in Indian Country. We are the largest633tribe east of the Mississippi River and the largest non-Federally634recognized tribe in the country and our people have served this country635and Indian Country in the military, as educators, doctors, lawyers, and636business people.637Passage of the Lumbee Fairness Act is Very Long Overdue638    As both this Committee and the House of Representatives committee639of jurisdiction have well documented, congressional efforts to extend640formal recognition to the Lumbee Tribe stretch back to 1899. \3\ These641proposed Federal bills generally followed the terms of the most recent642State legislation recognizing the Tribe but none was enacted until643Congress passed the Lumbee Act of 1956. \4\644---------------------------------------------------------------------------645    \3\ Senate Report No. 111-116, 111th Cong., 2d Sess; House Report646No. 111-103, 111th Cong., 1st Sess.647    \4\ The State recognized the Tribe as Croatan in 1885, as Indians648of Robeson County in 1911, as Cherokees of Robeson County in 1913, and649as Lumbee in 1953. The final name change was the only one requested by650the Lumbee Tribe, following a referendum conducted by the State. Up651until that point, the Tribe has simply followed whatever name the State652imposed so that it could continue to maintain control of its State653authorized school district.654---------------------------------------------------------------------------655    Unfortunately, this enactment occurred at the height of the Federal656Indian termination era, when the Federal government was actively657terminating tribes' special legal relationship with the United States.658As introduced in 1955, the bill was once again intended to recognize659the Tribe on the same terms by which the State had most recently660confirmed its recognition of the Tribe. But the bill was amended in the661Senate before enactment to include termination language. Thus, while662the 1956 Act designated the Tribe as Lumbee Indians, it went on to663provide ``nothing in this Act shall make such Indians eligible for any664services performed by the United States for Indians because of their665status as Indians, and none of the statutes of the United States which666affect Indians because of their status as Indian shall be applicable to667the Lumbee Indians.'' 70 Stat. 254.668    Sadly, at the time the Lumbee Indians thought that we had been669recognized and so we celebrated--oral tradition tells us that the670streets of Pembroke were closed for a tribal-wide celebration. \5\ But671instead of clarifying the status of the Tribe, the 1956 Lumbee Act672caused confusion and effectively has relegated the Tribe to ``second673class'' status. For example, at various times, lawyers at the674Department of the Interior have interpreted the 1956 Lumbee Act as675prohibiting administrative action to clarify the Tribe's status, and at676other times, they argued the opposite. However lawyers might interpret677the 1956 Lumbee Act, the reality is that the Tribe never received678Federal Indian services or enjoyed the protective reach of Federal679Indian statutes.680---------------------------------------------------------------------------681    \5\ Because of the history of State recognition under various682names, tribal members viewed the ``giving of a name'' as recognition.683Even today, older tribal members who inquire about the pending bill684will sometimes ask when Congress will give the Tribe its name.685---------------------------------------------------------------------------686    The bottom line is this: only Congress can for all time and for all687purposes resolve this uncertainty with the Lumbee Fairness Act. The6881956 Lumbee Act is now 70 years old. It is long past time to rectify689the injustice it has inflicted on our Tribe and our people.690Broad Support for Lumbee Recognition in Indian Country691    The Lumbee Tribe is honored to have broad support throughout Indian692Country for full Federal recognition of the Tribe. Altogether, more693than two hundred tribes have expressed support. This includes large694tribal organizations, such as the Alaska Federation of Natives, with a695membership of 186 tribes, and the Midwest Alliance of Sovereign Tribes,696with a membership of 35 tribes. It also includes approximately 20697individual tribes that have adopted resolutions of support. These698supportive tribes represent all regions of Indian Country. For example,699the Blackfeet Tribe from Montana, Jamestown S'Klallum Tribe from700Washington State, the Jamul Indian Village of California, Hopi Tribe701from Arizona, Choctaw Nation of Oklahoma, and Oneida Nation from702Wisconsin all support Lumbee recognition. The long list of support also703includes tribes which are members of United Southern and Eastern Tribes704(USET), such as the Mashantucket Pequot Tribal Nation (Connecticut),705the Mashpee Wampanoag Tribe (Massachusetts), the Pamunkey Indian Tribe706(Virginia), the Catawba Indian Nation (South Carolina), and the Tunica-707Biloxi Tribe of Louisiana.708    The Eastern Band of Cherokee, which for generations has jealously709guarded its position as the only federally recognized tribe in North710Carolina, has long waged a vicious campaign against Lumbee recognition711based on mistruths. While the Eastern Band has urged some other tribes712to join in their opposition, the reality is that theopposition has been713wildly overstated. For example, Eastern Band has argued that all 35714tribal members of USET oppose Lumbee recognition--but this is715demonstrably untrue, as Lumbee has received from eight individual USET716Tribes letters and resolutions explicitly supporting the Lumbee717legislation. Not only that, Eastern Band's claim of USET opposition was718based on a USET resolution that supported the administrative719acknowledgment process, but which did not oppose Lumbee recognition or720even explicitly reference the Lumbee Tribe. This is, at best, a721misrepresentation about those tribes' positions.722    When letters and resolutions are fairly and closely read, it723becomes clear that the majority of tribes that have expressly taken a724position on recognition of the Lumbee Tribe support recognition. In the725end, though, a fair and just Indian policy does not depend upon a head726count in Indian Country. It depends upon equal treatment for all Indian727tribes and the Lumbee Fairness Act is built upon this principle.728There is No Sound Reason to Oppose the Lumbee Fairness Act729    Some people have urged that the Lumbee Tribe should be made to go730through the administrative recognition process. But Congress has never731imposed this on tribes in a position like the Lumbee Tribe--instead,732Congress has enacted recognition or restoration legislation. The best733example is the Tiwas of Texas. Just as the Lumbees were recognized by734the State of North Carolina, the Tiwas had been long recognized by the735State of Texas. But in 1968, Congress enacted legislation to transfer736any Federal responsibility to the State and included termination737language--in fact, the legislative history of the 1968 shows that it738was modeled on the 1956 Lumbee Act. 82 Stat. 93. In 1987, Congress739enacted remedial legislation to restore Federal responsibility for the740Tiwas and recognize them as the Ysleta del Sur Pueblo. 101 Stat. 667.741It is long overdue for Congress to do the same for the Lumbee Tribe by742enacting the Lumbee Fairness Act.743    Some people alleged that the origins of the Lumbee Tribe are744unknown and therefore Congress should not recognize the Tribe. This is745just not true. In response to one of the many bills to recognize the746Indians of Robeson County as ``Siouan Indians of Lumber River,''747Senator Wheeler, Chairman of the Committee on Indian Affairs in 1934,748asked the opinion of Dr. John Swanton on the origins of the Lumbee749Tribe. Senate Report No. 204, 73d Cong., 2d Sess. Dr. Swanton was the750most well-known and respected anthropologist in the field of American751Indian studies. Dr. Swanton researched the question and concluded that752the Robeson County Indians descend from the aboriginal Cheraw Indians,753along with remnants of other Siouan speaking tribes.754    Other historical data support Dr. Swanton's conclusion. A 1725 map755showed that at the time of sustained European contact, there was a756Cheraw Indian community located on Drowning Creek. A 1771 document757lists names of the ``Charraw Settlement'' and the list included classic758Lumbee names, such as Sweat, Groom, Locklear, Chavis and Dees. The 1790759census identifies families with these same names residing around760Drowning Creek, and modern-day Lumbees can trace genealogical descent761from those families. In 1809, the State of North Carolina enacted762legislation to change the name of Drowning Creek to the Lumber River.763NC Public Laws of 1809, Chap. XXXII. This is the very same river where764Lumbees reside today. It is from the Lumber River that we derived our765name, and the same river after which our name was acknowledged by the766State of North Carolina in 1953 and by the Congress in 1956. Congress767has known of our origins since at least 1934, and likely even earlier.768\6\769---------------------------------------------------------------------------770    \6\ In a 1915 report to Congress, Special Indian Agent O.M.771McPherson conducted a thorough review of the historical record, noted772other historical possibilities, but also identified Cheraw as the773probable origin of the State recognized Croatan Indians. Senate774Document No. 677, 63d Cong., 3d Sess., at 23.775---------------------------------------------------------------------------776    Some have argued that making Lumbees eligible for Federal Indian777services will cost too much, or that the budget for those services may778reduce the services for other recognized tribes in the Eastern Region,779Bureau of Indian Affairs. Not only inaccurate, this is the most unjust780reason of all to oppose the Lumbee Fairness Act. It is simply beneath781the dignity of other tribes even to suggest that Federal recognition of782a deserving Tribe should depend upon cost to the federal government.783And it is factually inaccurate to suggest that the cost of Lumbee784services will impact the level of services for other tribes in the785Eastern Region. \7\786---------------------------------------------------------------------------787    \7\ As a state recognized tribe, the Lumbees already receive788Federal funding from several Federal agencies, including Housing &789Urban Development, Department of Energy, Department of Education, which790means that enactment of S. 107 would impact only the Bureau of Indian791Affairs at the Department of interior and Indian Health Services at792Health and Human Services. And these agencies have processes for793bringing on so-called new tribes into their programs, processes that794protect the services of other recognized tribes. The Bureau of Indian795Affairs has a three-year process for this purpose, at the end of which796the newly recognized tribe receives services when Congress provides797appropriations for that purpose. Similarly, the Indian Health Service798brings new tribes into its budget process in a way that guarantees799those tribes will receive services when Congress explicitly800appropriates funding for those services. Finally, there are regulatory801guardrails in place that protect the existing budgets for Federally802recognized tribes. See 25 C.F.R.  900.19 (Secretary must provide full803amount of funds set out in self-determination contracts with tribes);80425 C.F.R.   1000.501, 1000.671 A self-governing compact is an805enforceable contract under which Secretary must provide all funds for806which the compact contracts.807---------------------------------------------------------------------------808    In sum, I am sad to say that in my opinion, all of these809allegations are beneath the dignity of the tribal leaders who have made810them.811Conclusion812    We Lumbees are now in the seventh generation of efforts to achieve813full Federal recognition. In many tribal traditions, Native people plan814for their future for the next seven generations. In our case, we extend815gratitude and honor to our last seven generations for having kept the816faith, for focusing on the future, for teaching us the values that have817enabled us to endure, and for getting us to this moment in history when818we are so close to full Federal recognition from the United States.819    I urge you to support our effort and to join us in this righteous820cause. Thank you Chairwoman Murkowski, Vice Chairman Schatz, and821members of this vitally important Committee for your consideration of822our situation and support of the Lumbee Fairness Act. I am happy to823answer any questions you or the committee members might have.824825    The Chairman. We will include that as part of the record.826Thank you, Chairman Lowery.827    Ms. Locklear, welcome.828829    STATEMENT OF ARLINDA LOCKLEAR, ESQ., SPECIAL COUNSEL ON830          RECOGNITION, LUMBEE TRIBE OF NORTH CAROLINA831832    Ms. Locklear. Thank you very much. We appreciate the833opportunity to speak again today. My name is Arlinda Locklear.834I have been an attorney working with the tribe on this effort835since 1988. So I have been at it for a few of those time that836the Chairman has referred to, as well as other witnesses today.837    We have had multiple hearings and multiple opportunities to838act and to give justice to the Lumbee people since 1899, when839the first Federal legislation was introduced. All of those840bills have failed. And let me tell you, that has been a841heartbreaking process for the Lumbee people.842    But we owe a vote of thanks to this Committee in843particular, because as a result of that process, you have844developed the richest record that exists for any non-federally845recognized tribe in this Country. We have a record that allows846you to proceed with the enactment of S. 107 with full847confidence that by doing so, you would extend full Federal848recognition to a tribe that truly exists as such.849    The most important document that is in that long, rich850record is a report that was asked for, sought by this851Committee, and submitted in 1915 by Special Indian Agent O.M.852McPherson. We have particularly his record, which I have with853me today, as well as the testimony of multiple expert witness854over the last 100 years that give you the body of evidence to855prove tribal existence.856    I think it is worth noting the quality of the experts and857the preeminence of their appearance here and the testimony that858they provided in support of Federal recognition. We are honored859to include among that group Dr. Jack Campisi, who has probably860authored more petitions in the administrative process than any861other expert. We include also Dr. Sturtevant, who was the862general editor for the authoritative Smithsonian Handbook of863North American Indians.864    We include among that group Dr. Ray Fogelson, who is no865longer with us, but Dr. Fogelson was the editor for the866Southeast Volume in particular of the Smithsonian Handbook of867North American Indians. And we count among those experts Vine868Deloria, who spoke eloquently in 1988 to this Committee in869particular about political authority.870    What I would like to do this afternoon is summarize very871briefly what the characteristics of tribal existence are, and872give you confidence in the record that you have already that873establishes those criteria. In a Supreme Court decision in 1901874called Montoya v. The United States, the Supreme Court gave us875guidance as to what an Indian tribe is. The Supreme Court876indicated that an Indian tribe consists of a body of Indians of877the same race, factor number one, who are united in a community878in a particular territory, factor number two, and who are879united under one leadership or government, factor number three.880    A few years later, in 1913, the Supreme Court spoke in881United States v. Sandoval. And in that opinion, the Court went882to great lengths to confirm this body's penultimate authority883to make the decision on establishing a formal government-to-884government relationship with an Indian tribe. It noted that885that authority is limited only to those groups that are886``distinctly Indian communities.''887    So we have some indication of what those criteria are. I888would like to speak very briefly to those with regard to889Lumbee.890    First, a body of Indians. Your record, beginning with the8911915 McPherson report and continuing to today, establishes that892there is a single related body of Indians residing in Robeson893and adjoining counties who call themselves Lumbee, and I will894note for the record have done so informally, even before the895adoption of formal State recognition, since the early 1920s.896That has been the name we have chosen for ourselves.897    Second, these folks are united in a community occupying a898particular territory. They are so united in a community that899even today more than 60 percent of modern day enrolled members900are married to other Lumbees. They attend all-Lumbee schools,901they attend all-Lumbee churches, and their primary interaction902is among other Lumbees.903    They also occupy a territory that they have been in since904the time of first sustained white contact in the early 1700s.905And that is Robeson and adjoining counties. That is home. And906the record establishes, your record, that more than 50 percent907of the enrolled members of the tribe reside today in that908traditional territory.909    Finally, leadership. Many of the events that the chairman910spoke about demonstrate the effectiveness and the repeated911assertion of independence that the long record of political912authority shows among the Lumbee people.913    In this regard, let me highlight the testimony that you914received in 1988 from Vine Deloria, who spoke eloquently about915the form of leadership at Lumbee. He noted that more than any916other federally-recognized tribe the form of leadership at917Lumbee is more like the traditional form of leadership that918existed before the adoption of the IRA and before the formation919of formal tribal governments. That is what leadership among920indigenous communities looks like, and it still exists at921Lumbee today.922    Finally, let me say a word about, very quickly, the923administrative process. These facts and criteria and evidence924that I have summarized for you indicate that under those925criteria, we have established what they refer to as high926evidence of tribal existence. The concentration of membership927within a defined territory, Robeson and adjoining counties, and928the high in-marriage rate themselves, those two factors are929considered to be conclusive evidence of tribal existence in930those regulations.931    So you have the evidence before you. We urge you to act,932and we think you can do so, again, with full confidence that933you are recognizing a true Indian community.934    Thank you.935    [The prepared statement of Ms. Locklear follows:]936937   Prepared Statement of Arlinda Locklear, Esq., Special Counsel on938              Recognition, Lumbee Tribe of North Carolina939    Chairwoman Murkowski, Vice-Chairman Schatz, and members of the940Committee, thank you for the opportunity to appear in support of S.107,941the Lumbee Fairness Act. My name is Arlinda Locklear. I have been942involved as an attorney for the Tribe in its effort to obtain federal943recognition since March 1988. I am also an enrolled member of the944Lumbee Tribe. \1\945---------------------------------------------------------------------------946    \1\ In addition to work on behalf of my own Tribe, it has been my947honor to represent other non-federally recognized tribes for decades in948the worthy work for federal recognition (before the Congress as well as949the Department of the Interior), including the Miami Nation of Indiana,950the Brothertown Nation of Wisconsin, the Gay Head Tribe of951Massachusetts, and the Tunica-Biloxi Tribe and United Houma Indian952Nation of Louisiana. The recognition work has been a major part of my953work throughout my career.954---------------------------------------------------------------------------955    Let me start with explaining how I came to be the Tribe's attorney956in this effort. This story illustrates the strength of the Lumbee957community and the Lumbee people's insistence upon their independence as958a self-governing tribe. Robeson County is the heart of the Lumbee959community. Even though our community constitutes nearly 40 percent of960the population of the county, including a number of practicing961attorneys, our community had never had a Lumbee Superior Court Judge962before 1988. So when the State created a new superior court judge963position for the county, the Lumbee people were determined that one of964our own should be elected to that position. At that time, a prominent965member of the Tribe (and a good friend) named Julian Pierce was966Director of the Indian legal services office in the community. In that967capacity, Mr. Pierce had overseen the research relating to and968submission of a Lumbee petition for federal recognition under the969administrative acknowledgment process in 1987. Mr. Pierce then resigned970and ran for the newly created Superior Court judge position. To our971great sadness, Mr. Pierce was murdered after the nomination process had972closed but before the election. When the State of North Carolina973refused to reopen the nomination process for that judgeship, the Lumbee974people mobilized, resulting in Mr. Pierce's election to the judgeship975even though he could not serve. The Lumbee people kept the pressure on976an embarrassed State and, soon after the election, another new977judgeship was created and a Lumbee Indian was appointed to the978position. We have routinely elected Lumbees as judges in the county979ever since.980    With the loss of Mr. Pierce, I was honored to step into Mr.981Pierce's shoes to continue the work on federal recognition. I speak to982you today based on forty years of experience with the issue since.983Lumbee history is a long and remarkable one, but I will focus on a few984features of our history and experience that demonstrate the Tribe's985unique claim to federal recognition and other circumstances that986reflect the simple justice of the Tribe's pursuit of equal treatment as987a self-governing native community.988Early Lumbee Efforts to Achieve Federal Recognition989    The Lumbee Tribe began its effort to obtain federal recognition990soon after formal recognition of the Tribe by the State of North991Carolina in 1885. The 1885 state legislation recognized the Tribe under992the name Croatan Indians of Robeson County, \2\ authorized the Tribe to993establish separate schools for its children, provided a pro rata share994of county school funds for the Tribe's schools, and authorized the995Tribe to control hiring for the schools and eligibility of students to996attend the schools. \3\ North Carolina General Assembly 1885, chap. 51.997Two years later, tribal leaders sought and obtained State legislation998authorizing the creation of an Indian ``normal school'', i.e., a school999dedicated to training Indian teachers for the Lumbee schools. North1000Carolina General Assembly 1887, chap, 254. But because the Indian1001normal school was badly underfunded, the Lumbee Tribe petitioned1002Congress in 1888 for Federal Indian education assistance. For the1003Committee members' information, the Tribe has on display a picture1004showing the Indian Normal School students around 1920.1005---------------------------------------------------------------------------1006    \2\ The Croatan name was offered up by Mr. McMillan, a member of1007the State legislature who considered himself an amateur historian. It1008was not a name sought by the Tribe.1009    \3\ The Tribe jealously defended its authority to control1010enrollment into its schools. In 1913, the State Attorney General opined1011that the Robeson County Board of Education could overrule enrollment1012decisions made by the Tribe. The Tribe refused to accept this1013limitation; it sought and obtained a special act from the North1014Carolina Legislature overturning the Attorney General's opinion and1015restoring tribal authority. North Carolina General Assembly 1919, chap.1016211.1017---------------------------------------------------------------------------1018    The 1888 Lumbee petition to Congress was signed by fifty-four (54)1019tribal leaders, including one of Chairman Lowery's ancestors. The1020petition sought Federal assistance for the then-named Croatan Indians1021in general and funding for the Tribe's schools in particular. A copy of1022this petition is on display for the Committee members' information.1023Congress referred the petition to the Department of the Interior, which1024investigated the Tribe's history and relations with the State. Citing1025the federal policy of encouraging states to assume responsibility for1026educating Indian children and the shortage of funding, the Commissioner1027of Indian Affairs denied the request for funding in 1890. Shortly1028thereafter, the Tribe began its quest to receive federal recognition1029more directly through federal legislation.1030    In 1899, the first bill was introduced in Congress to appropriate1031funds to educate the Croatan Indian children. H.R.4009, 56th Cong., 1st1032Sess. Similar bills were introduced in 1910 (H.R 4.19036, 61st Cong.,10332d Sess.) and 1911 (S. 3258, 62nd Cong., 1st Sess.) In 1913, the House1034of Representatives Committee on Indian Affairs held a hearing on1035S.3258, where the Senate sponsor of the bill reviewed the history of1036the Tribe and concluded that the Lumbees, still called Croatans, had1037``maintained their race integrity and their tribal characteristics.''1038Hearing before the Committee on Indian Affairs, House of1039Representatives, on S. 3258, Feb. 14, 1913. In response to the same1040bill, the Department of the Interior dispatched C.F. Pierce, Supervisor1041of Indian Schools, to conduct an investigation of the Tribe. Pierce1042reviewed the Tribe's history, acknowledged their Indian ancestry and1043the strength of their community, but recommended against federal1044assistance:10451046         It is the avowed policy of the Government to require the1047        states having an Indian population to assume the burden &1048        responsibility for their education as soon as possible. North1049        Carolina, like the State of New York, has a well organized plan1050        for the education of Indians within her borders, and I can see1051        no justification for any interference or aid, on the part of1052        the Government in either case. Should an appropriation be made1053        for the Croatans, it would establish a precedent for the1054        Catawbas of S.C., the Alabamas of Texas, the Tuscaroras of1055        N.Y., as well as for other scattering tribes that are now cared1056        for by the various states.10571058        All the other tribes mentioned by Pierce have since been1059        recognized by the United States.10601061    In 1914, the Senate directed the Secretary of the Interior to1062investigate the condition and tribal rights of the Lumbee Indians and1063report thereon to Congress. S.Res. 410, 63d Cong., 2d Sess. The1064Secretary assigned Special Indian Agent O.M. McPherson to conduct the1065investigation. According to the Secretary's letter transmitting the1066McPherson Report to the President of the Senate, McPherson conducted1067``a careful investigation on the ground as well as extensive historical1068research.'' The report covered all aspects of the Tribe's history and1069condition, running 252 pages in length. Indians of North Carolina, 63rd1070Cong., 3d Sess., Doc.No. 677. McPherson's report again confirmed the1071tribal characteristics of the Lumbee Indians but Congress took no1072action on the McPherson report.1073    In 1924, yet another bill was introduced in Congress to recognize1074the Lumbee Indians now under the name of Cherokee Indians of Robeson1075County, mimicking a name that had recently been applied to the Tribe1076thought State legislation. H.R.8083, 68th Cong., 1st Sess. This bill1077failed and in 1932 a very nearly identical bill was introduced in the1078Senate. S. 4595, 72d Cong., 1st Sess. This bill failed as well.1079    In 1933, a federal bill was introduced that was nearly identical to1080the prior two bills, except that it directed that the previously1081designated Croatan Indians ``shall hereafter be designated Cheraw1082Indians and shall be recognized and enrolled as such...'' H.R. 5365,108373d Cong., 1st Sess. In his statement at the hearing on the bill, the1084Secretary of the Interior attached an opinion of the eminent Dr. John1085Swanton, a specialist on southeastern Indians with the Smithsonian1086Institution Bureau of Ethnology, which concluded that the previously1087named Croatan Indians actually descended from Cheraw and other related1088Siouan speaking tribes. The Secretary recommended that the broader1089linguistic name of Siouan be used as the tribal designation for the1090Tribe, but also recommended that Congress include termination language1091because of the expense of providing Federal Indian services to the1092Tribe. Rep.No. 1752, House of Representatives, 73d Cong., 2d Sess. The1093committee adopted the change proposed by the Secretary and reported the1094bill out favorably, but the bill was not enacted. The following year,1095the Senate Committee on Indian Affairs took the same action on an1096identical bill in the Senate, S. 1632, but there was no further action1097on the bill. S. Rep.204, 73d Cong., 2d Sess.1098    These numerous federal bills between 1899 and 1934 to recognize the1099Tribe under various name have a common and clear legislative purpose,1100i.e., to recognize the Tribe on the same terms as the most recent State1101legislation recognizing the Tribe. The 1899 federal bill would have1102recognized the Tribe as Croatan, just as the State had done in 1885.1103The 1911 federal bill would have recognized the Tribe as the Indians of1104Robeson County, just as the State had done in a 1911 amendment to its1105law. North Carolina General Assembly1911, chap. 215. The 1913 federal1106bill would have recognized the Tribe as Cherokee, just as the State had1107done in a 1913 amendment to its law. North Carolina General Assembly11081913, chap. 123. Indeed, a committee report on the 1913 federal bill1109explicitly acknowledged that the federal bill was intended to extend1110federal recognition on the same terms as the amended state law. Rep.No.1111826, House of Representatives, 68th Cong., 1st Sess. Thus, the North1112Carolina Congressional delegation consistently followed the lead of1113North Carolina in its deliberations on the Tribe's status and clearly1114intended to recognize the Tribe in the various bills.1115    In 1934, Congress inaugurated a new policy for Indian Country with1116the enactment of the Indian Reorganization Act (IRA). Among other1117things, the IRA authorized half-blood Indians not then recognized to1118organize and adopt a tribal constitution, thereby becoming federally1119recognized. The Lumbee leadership wrote to the Commissioner of Indian1120Affairs, inquiring whether the IRA applied to the Lumbees. The inquiry1121was referred to the then Associate Solicitor Felix Cohen, who advised1122that the Lumbees could organize under the IRA if some members of the1123Tribe were certified as one-half or more Indian blood. The Tribe1124immediately asked the Department to make that inquiry and the1125Department dispatched Dr. Carl Seltzer, a physical anthropologist, to1126Robeson County for that purpose. 209 Lumbees agreed to submit to1127Seltzer's examination. Out of those examined, Dr. Seltzer certified 221128members as one-half or more Indian blood and eligible to organize under1129the IRA. The science behind physical anthropology has since been1130thoroughly discredited and the Lumbee experience bears out the wholly1131unreliable nature of the alleged science. In several instances, for1132example, full siblings were examined by Dr. Seltzer but with differing1133outcomes--one sibling was designated as one half or more while the1134other sibling was not. This effort by the Lumbee Tribe also failed1135ultimately. \4\1136---------------------------------------------------------------------------1137    \4\ In the early 1970's, the survivors of the 22 certified half-1138bloods asked for the services to which they were entitled under the1139IRA. The Bureau of Indian Affairs (BIA) declined, interpreting the 19561140Lumbee Act as cutting off any rights that might arise under the IRA.1141Ultimately, the D.C. Court of Appeals rejected this interpretation of1142the 1956 Lumbee Act. Maynor v. Morton, 510 F.2d 1254 (D.C. Cir. 1975).1143The surviving half-bloods then received BIA housing assistance but the1144BIA declined to take land into trust for them, a necessary precondition1145to organizing under the IRA.1146---------------------------------------------------------------------------1147    While these legislative and administrative efforts failed to1148achieve the Tribe's goal of federal recognition, they nonetheless1149produced a remarkable and unique federal record documenting the Tribe1150and its community. As of a consequence of the half dozen bills1151introduced between 1899 and 1934 to recognize the Lumbee Tribe, four1152substantial reports were conducted by federal Indian agents into the1153Lumbee Tribe, its history, and community. All confirmed the tribal1154ancestry and distinct community with strong leadership of the Lumbee1155Tribe. But they also opposed the extension of federal Indian statutes1156and services to the Tribe because of federal policy to insist that1157states assume the responsibility for educating Indian children or1158limited federal appropriations.1159The 1956 Lumbee Act1160    Because of the mounting historical evidence compiled in Congress'1161deliberations on its recognition bills, including the McPherson report1162and the Swanton opinion, the Indians of Robeson County grew disgruntled1163with their designation under State law as Cherokees of Robeson County.1164Under pressure from the Tribe, the State of North Carolina conducted a1165referendum among the tribal members in 1952 on the tribal name. The1166choice was between adopting the name Lumbee \5\ or maintaining the1167State designation as Cherokees of Robeson County. The results were1168clear: 2,109 members chose to be known by their own name Lumbee and1169only 35 members chose maintain the State designation as Cherokee. To1170its credit, the State of North Carolina once again amended its law in11711953 to recognize the Tribe as Lumbee Indians of Robeson and adjoining1172counties. North Carolina General Assembly 1953, chap. 874.1173---------------------------------------------------------------------------1174    \5\ The name Lumbee had been informally used by the Tribe for1175decades by this time. The earliest recorded use of the name is in a11761926 article referring to the Tribe as such in the Raleigh News and1177Observer, a newspaper founded in 1865 with the widest distribution in1178the State.1179---------------------------------------------------------------------------1180    As it had always done, once again the Tribe prevailed upon its1181congressional delegation to introduce the identical bill into Congress1182to recognize the Tribe on the same terms as the State. The Federal bill1183passed without amendment in the House of Representatives and was sent1184to the Senate. There, the Department of the Interior objected again1185based on its effort to avoid fedderal financial obligations:11861187         We are therefore unable to recommend that the Congress take1188        any action which might ultimate result in the imposition of1189        additional obligations on the Federal Government or in placing1190        additional persons of Indian blood under the jurisdiction of1191        this Department. The persons who constitute this group of1192        Indians have been recognized and designated as Indians by the1193        State legislature. If they are not completely satisfied with1194        such recognition, they, as citizens of the State, may petition1195        the legislature to amend or otherwise to change that1196        recognition. . .if your committee should recommend the1197        enactment of the bill, it should be amended to indicate clearly1198        that it does not make these persons eligible for services1199        provided through the Bureau of Indian Affairs to other Indians.12001201    (Emphasis added.) The Senate committee adopted the Secretary's1202recommendation so that when the bill was enacted into law, it contained1203classic termination language: ``Nothing in this Act shall make such1204Indians eligible for any services performed by the United States for1205Indians because of their status as Indians, and none of the statutes of1206the United States which affect Indians because of their status as1207Indian shall be applicable to the Lumbee Indians.'' Pub. L. 570, Act of1208June 7, 1956, 70 Stat. 254.1209The Impact of the 1956 Act--Confusion and Limbo1210    Since 1956, federal agencies and courts have construed the Lumbee1211Act in different ways. In 1970, the Joint Economic Committee of1212Congress described the Lumbee as having been officially recognized by1213the act, although not granted federal services. American Indians: Facts1214and Future, Toward Economic Development for Native American1215Communities, p. 34 (GPO 1970). Also in 1970, the Legislative Reference1216Service of the Library of Congress described the 1956 Lumbee Act as1217legislative recognition of an Indian people. Memorandum, April 10,12181970, LRS, Library of Congress. And in 1979, the Comptroller General1219ruled that the 1956 Act left the Lumbees' status unchanged, i.e., it1220neither recognized the Tribe nor terminated the Tribe's eligibility for1221services it might otherwise receive. The only court to construe the Act1222concluded that it designated the group as Lumbee Indians but did not1223take away individual rights that had been bestowed by previous1224legislation such as the IRA. Maynor v. Morton, above.1225    The Congressional Research Service (CRS) thoroughly reviewed the1226history and various interpretations of the 1956 Lumbee Act in 1988. It1227did so in response to a request from the Senate Select Committee on1228Indian Affairs, which had H.R.1426 under consideration at the time, a1229bill to provide federal recognition to the Tribe. The CRS concluded as1230follows:12311232         The 1956 Lumbee legislation clearly did not establish1233        entitlement of the Lumbee Indians for federal services. It also1234        clearly named the group and denominated them as Indians.1235        Without a court decision squarely confronting the issue of1236        whether the 1956 statute confers federal recognition on the1237        Lumbee, there is insufficient documentation to determine if the1238        statute effects federal recognition of the Lumbees. It is,1239        however, a step toward recognition and would be a factor that1240        either the Department of the Interior or a court would have to1241        weigh along with others to determine whether the Lumbees are1242        entitled to federal recognition.12431244    Memorandum dated September 28, 1988, reprinted in S.Rep.No.100-579,1245100th Cong., 2d Sess. Finally, the Solicitor's Office at the Department1246of the Interior has also taken varying views on the Act, concluding in12471989 that the Act precluded the Tribe from participating in the1248administrative acknowledgment process, but finding otherwise in 2016.1249M-37040, Reconsideration of the Lumbee Act of 1956, Dec. 22, 2016.1250Whatever its ambiguity and however it might be construed, the 19561251Lumbee Act is clearly ``a step toward recognition,'' one that Congress1252took following repeated consideration of the Tribe, its history, and1253its community. Yet, Congress has not completed the process of1254recognition.1255    Congress imposed legislation like the 1956 Lumbee Act on only one1256other occasion. In 1968, Congress enacted legislation for the state1257recognized Tiwas of Texas, legislation that designated the Tiwas as1258Indian, transferred any federal responsibility for the tribe to the1259state, and included termination language. 82 Stat. 93. The Senate1260Committee specifically noted in its report on the 1968 Tiwa Act that1261the bill was ``modeled after the act of June 7, 1956 (70 Stat. 254),1262which relates to the Lumbee Indians of North Carolina.'' S.Rep.No.1070,126399th Cong., 2d Sess. Because of this unique circumstance, Congress1264enacted legislation in 1987 extending full federal recognition to the1265Tiwas of Texas, recognized by Congress as the Ysleta del Sur Pueblo of1266Texas. Pub.L. 100-89, 101 Stat. 667. Like Congress corrected the1267historical injustice for the Tiwas in 1987, Congress should now correct1268the same injustice for the Lumbee Tribe.1269Modern Lumbee Efforts to Obtain Federal Recognition Legislation1270    It became clear to the Lumbee over time that the 1956 Lumbee Act1271did not accomplish the Tribe's long-standing goal of federal1272recognition. \6\ As a result, the Tribe resumed it efforts to achieve1273federal recognition. As noted above, the Tribe prepared and submitted a1274documented petition for federal acknowledgment under the administrative1275process in 1987. When the Solicitor's Office opined in 1989 that the12761956 Lumbee Act precluded administrative action to clarify the Tribe's1277status, the Tribe turned once again to federal legislation. \7\1278---------------------------------------------------------------------------1279    \6\ The final evidence of this failure came in the 1970's when the1280State of North Carolina was ordered by a federal court to dismantle its1281racially segregated schools. Lumbee parents thought their children were1282exempt from that federal court order but they were told otherwise by1283the federal judge. According to the judge, the Tribe was not federally1284recognized and its separate schools violated the Fourteenth Amendment1285to the US Constitution. As a result, the Tribe lost control over1286schools it had operated under state law since 1885.1287    \7\ The Tribe requested that the Department return the petition to1288the Tribe, in light of it ineligibility for the process. The Department1289declined to do so. Nonetheless, the Department has not proceeded to1290process the Lumbee petition.1291---------------------------------------------------------------------------1292    Since 1988, the Lumbee Tribe's Congressional delegation has1293introduced more than a dozen bills to recognize the Tribe. \8\ During1294this period, the bill passed the House of Representative six times but1295failed in the Senate. Also during this period, multiple hearings were1296held on the issue in both the House and the Senate, resulting in more1297than a half dozen committee reports. Thus, Congress' modern day1298deliberations on the issue have expanded the already voluminous1299congressional record on the Lumbee Tribe's history and community. We1300know of no comparable Congressional record on any other tribe-specific1301federal legislation.1302---------------------------------------------------------------------------1303    \8\ See H.R. 5042, 100th Cong.; H.R. 2335 101st Cong.; H.R. 14261304(S. 1036, Senate companion), 102d Cong.; H.R. 334, 103d Cong.; H.R. 8981305(S.420, Senate companion), 108th Cong.; H.R. 21 (S. 660, Senate1306companion), 109th Cong.; S.H.R. 27 (S.333, Senate companion), 110th1307Cong.; H.R.31 (S. 1735, Senate companion), 111th Cong.; H.R. 27 (S.13081218, Senate companion), 112th Cong.; H.R. 1803 (S. 1132, Senate1309companion), 113th Cong.; H.R. 184 (S. 2285, Senate companion), 114th1310Cong.; H.R. 2352 & 3650 (S. 1047, Senate companion), 115th Cong.; H.R.13111964 (S. 1368, Senate companion), 116th Cong.; H.R. 2758, 117th Cong.;1312H.R. 1101 (S. 521, Senate companion), 118th Cong.1313---------------------------------------------------------------------------1314The Congressional Record on the Lumbee Tribe Shows High Evidence of1315        Tribal Existence1316    The Supreme Court has defined an Indian tribe as follows: ``By a1317`tribe', we understand a body of Indians of the same or similar race,1318united in a community under one leadership or government, and1319inhabiting a particular though sometimes ill-defined territory. . .''1320Montoya v. United States, 180 U.S. 261, 266 (1901). The Court has also1321repeatedly acknowledged that Congress has authority to decide whether a1322group of Indians constitutes an Indian tribe, so long as the group is a1323``distinctly Indian community.'' See United States v. Sandoval, 2311324U.S. 28, 46 (1913). Thus, there are three necessary components of1325tribal existence: first, people of Indian ancestry, second, who reside1326in sufficient proximity to constitute a community, and third, who are1327united under some form of leadership or government. \9\ The1328congressional record on the Lumbee Tribe shows that the Tribe exhibits1329all three components of an Indian tribe.1330---------------------------------------------------------------------------1331    \9\ These are also the essential components of a tribe in the1332administrative acknowledgment regulations. The three substantive1333mandatory criteria are descent from an historic tribe, the maintenance1334of a community, and the presence of political leadership of some type.133525 CFR Part 83,   83.11(b), (c) & (e).1336---------------------------------------------------------------------------1337    First, Congress has known since 1933 that the Lumbees descend from1338the Cheraw and related Siouan-speaking tribes. Dr. Swanton expressed1339this view in an opinion provided to Congress at a hearing on a Lumbee1340recognition bill at that time. Since then, other renowned1341anthropologists and historians with PhDs in the field have reached the1342same conclusion and so testified to Congress. These include: Dr. Jack1343Campisi (author of the Lumbee petition submitted in 1987), who1344testified in 1988 (as well as in multiple later hearings) in support of1345the Lumbee recognition bill; Dr. Ray Fogelson (deceased), editor of the1346Southeast Volume of the Smithsonian Handbook of North American Indians,1347who testified in 1988 in support of Lumbee recognition; Dr. William1348Sturtevant (deceased), general editor of the Smithsonian Handbook of1349North American Indians, who testified in 1988 in support of Lumbee1350recognition; and Dr. Fred Hoxie, Swanlund Professor of History at the1351University of Illinois emeritus and member of the founding Board of1352Directors, Smithsonian National Museum of the American Indian, who1353testified in 2019 and has submitted a statement again today in support1354of Lumbee recognition. \10\1355---------------------------------------------------------------------------1356    \10\ The Eastern Band of Cherokee commissioned a report on Lumbee1357ancestry by Ms. Jean Kelley, who has a masters degree from the1358University of Arizona. Ms. Kelley concluded that the Lumbee Tribe1359cannot prove a connection with a historic tribe. But she fails to1360address the contrary view of eminent professionals, doctorate-level1361professionals. She also ignores the historical record that corroborates1362these experts' views.1363---------------------------------------------------------------------------1364    In a committee report on a Lumbee recognition bill in 2007, the1365House Sub-Committee on Indian and Insular Affairs summarized the1366historical record on Lumbee ancestry, which corroborates these experts'1367views:13681369         11The evidence establishes that the [Lumbee] Tribe descends1370        from the historic Cheraw and related Siouan-speaking tribes.1371        Historically, the Cheraw were located on Drowning Creek in1372        North Carolina. Drowning Creek was renamed the Lumber River by1373        the State of North Carolina in 1809. The ancestors of the1374        modern day Lumbee Tribe have been located around Drowning1375        Creek/Lumber River ever since the first contract with Europeans1376        in the early 1700's.13771378         Congress' deliberations on the Tribe's history produced1379        authoritative reports by the Department of the Interior. In1380        1914, Special Indian Agent O.M. McPherson, sent to investigate1381        the history and condition of the tribe, concluded that the1382        tribe was descended from the Cheraw Tribe. In 1934, the1383        Department expressed to Congress, based upon a report by the1384        eminent John R. Swanton of the Bureau of Ethnology, that the1385        Lumbees descend from the Cheraw and related Siouan speaking1386        tribes of coastal North Carolina.13871388    H.R. 110-164, 110th Cong., 1st Sess., at 3-4.13891390    Second, Dr. Campisi has testified to this Committee on the nature1391and strength of the Lumbee community. Dr. Campisi examined federal1392census records dating back to 1850 to establish that the Lumbee and1393their ancestors resided in close knit communities that were almost1394exclusively Lumbee. S. Hrg. 100-881 on S. 2672, 100th Cong., 2d Sess.,1395Aug. 12, 1988, at 63-64. Dr. Campisi updated his research for his1396testimony in 2019. After examining a statistical sample of enrolled1397members, Dr. Campisi concluded that as of that year approximately 601398percent of Lumbee members were married to other Lumbees. Hearing before1399the House Sub-Committee for Indigenous Peoples of the United States, on1400H.R.1964, Dec. 4, 2019. The Department of the Interior considers an in-1401marriage rate this high to be conclusive proof of community; in other1402words, no other proof is necessary according to the administrative1403process. 25 CFR  83.11(b)(1)(I). \11\1404---------------------------------------------------------------------------1405    \11\ The Lumbees are also geographically concentrated in their1406traditional territory of Robeson and adjoining counties, North1407Carolina. Dr. Campisi testified at the same hearing that more than 501408percent of the enrolled tribal members live in exclusively or nearly1409exclusive Lumbee areas in their traditional territory. The Department1410considers this high level of geographic concentration to be conclusive1411proof of both community and political authority. 25 CFR 141283.11(b)(2)(I).1413---------------------------------------------------------------------------1414    Third, the Lumbee Tribe has a long history of highly effective1415political leadership. As the discussion above regarding relations with1416the State of North Carolina demonstrates, the Tribe has always been1417able to mobilize in support of the community goals and independence and1418achieve those goals. Vine Deloria, Jr., testified before this Committee1419in 1988 and spoke directly about political authority in the Lumbee1420community:14211422        If we wish to speak of the traditional Indian method of1423        government, what distinguished Indians from others who1424        constituted political entities, then we are basically speaking1425        of loose alliances of extended family groups, capable of acting1426        in concert with each other as the occasion demanded.14271428        I stress this aspect of traditional life because, while I1429        believe the Lumbees to have satisfactorily proven that they1430        have maintain a continuous political existence, the committee1431        should note, now and in the future, that formal tribal1432        government is a creation of the Bureau of Indian Affairs and1433        not an Indian characteristic. A traditional Indian community1434        more closely resembles what we find in Robison (sic) County1435        among the Lumbees, large extended families who exert social and1436        political control over family members, and who see their family1437        as part of an extended people.14381439    S. Hrg. 100-881, on S.2672, to provide federal recognition of the1440Lumbee Tribe of North Carolina, at 93. \12\1441---------------------------------------------------------------------------1442    \12\ As he noted in his testimony, Vine Deloria testified on the1443Lumbee bill ``based on extensive and prolonged contact with numerous1444people of the [Lumbee] tribe during most of my adult life.'' In1445addition, Deloria's aunt Ella Deloria, a noted linguist, had worked in1446the Lumbee community in the 1940's on a dictionary of Siouan languages1447spoken in that part of North Carolina. S.Hrg.Rep. at 89.1448---------------------------------------------------------------------------1449    Make no mistake, the last 140 years of failed attempts by the1450Lumbee Tribe have been frustrating, and, frankly heart-breaking, for1451the Tribe. The only saving grace is that the protracted deliberations1452have resulted in an extraordinary record that speaks eloquently to1453Lumbee existence, identity, and persistence. This Committee can act1454favorably upon the Lumbee Fairness Act with full confidence that, in1455doing so, it recognizes a distinct and remarkable Indian community1456within the meaning of Supreme Court authority.1457The Lumbee Enrollment Criteria1458    The Lumbee Tribe has long been known as the largest non-federally1459recognized tribe in the country. In 1977, the American Indian Policy1460Review Commission, Final Report, Chap. XI, Nonrecognized Tribes, put1461the enrollment then at 40,000. Because the Tribe was not historically1462recognized by the United States, there were no federal rolls of1463membership to which present members can be genealogically traced. But1464there are important records that identify historic members of the1465Tribe. These documents comprise what tribal law calls the source1466documents and from which applicants for enrollment must trace descent.1467    The most important of these is school records. Enrollment in Lumbee1468schools was historically the only service available exclusively to1469Lumbees and, as discussed above, the Tribe controlled enrollment in1470those schools. Initially, the state limited enrollment in the Indian1471schools to Indians, then called Croatan, ``now living in Robeson County1472and their descendants.'' North Carolina Assembly 1885, chap. 51. In14731889, the State amended its law to require proof of Indian ancestry to1474qualify for enrollment ``to the fourth generation.'' North Carolina1475General Assembly 1889, chap. 60. Each school had a committee to1476determine that an enrolling child met this criteria. These so-called1477``blood committees'' kept detailed records on their deliberations and1478those records are the most important of the Tribe's source documents.1479    Other source documents include federal census records for the1480tribal territory (Robeson and adjoining counties in North Carolina)1481that identify Indians, church records, \13\ and historic lists of1482tribal members such as the petitioners signed by tribal leaders and1483submitted to the State and Federal governments. It is every applicant's1484responsibility to prove a genealogical connection to an individual on1485these source documents by birth or death certificates and similar vital1486records. The roll, including these supporting documents, are now1487digitized. \14\1488---------------------------------------------------------------------------1489    \13\ The importance of the all-Indian churches in the Lumbee1490community cannot be overstated. In 2019, Dr. Campisi estimated there1491were more than 150 Indian churches in Lumbee territory, with an all1492Indian congregation and in nearly every case an Indian minister. Dec.14934, 2019, Statement on H.R. 1964. In fact, there are so many Lumbee1494churches that they have been organized in their own separate1495conferences for more than 100 years. Like the schools, these tribal1496institutions kept detailed records on their membership.1497    \14\ Because the roll and supporting documents have been digitized,1498the Tribe is confident that the Secretary can verify the accuracy of1499the roll within two years as required by section 5 of the Lumbee1500Fairness Act, S. 107.1501---------------------------------------------------------------------------1502    Descent from a source document is only the first step to qualify1503for enrollment in the Lumbee Tribe. The applicant must also demonstrate1504that she or he has maintained tribal contact, either historic (such as1505attendance at an Indian school or membership in an Indian church) or1506present contact (such as visitation or knowledge of the community). For1507most new applicants, tribal contact is determined in an interview1508conducted by the Tribal Enrollment Office. In addition, enrolled1509members under the age of 55 must update their enrollment every seven1510years to maintain eligibility to vote in tribal elections and other1511tribal rights. Because of this requirement of tribal contact, the Tribe1512believes its enrollment process not only has integrity but also1513reflects the historic reality of a strong community with close1514connections among its members. There are now 62,000 enrolled members in1515the Tribe.1516    Historically, the large number of enrolled Lumbee members has been1517used against the Tribe by the Department of the Interior. Since 1890,1518the Department has repeatedly complained about the size of the Tribe1519and the associated cost of providing services to tribal members. But1520this cannot be accepted as a principled basis for failure to recognize1521the Tribe. Indeed, it means that the injustice done to an Indian1522community is all the greater because of the large number of Indian1523people harmed by Federal neglect.1524    Neither is fear of impacting other tribes' service budgets a1525principled, or even factually accurate, basis for reluctance to1526recognize a clearly legitimate Lumbee Tribe. The budget impact is not1527as large as the usual per capita calculation of adding new members to1528the Federal Indian service population might suggest. Because the Lumbee1529Tribe is state recognized, it already receives Indian services from1530many federal agencies, such as Housing and Urban Development,1531Department of Education, and Department of Energy. These services1532should be excluded from any calculation of budget impact. \15\ The new1533fiscal impact would be limited to the BIA, Department of the Interior,1534and Indian Health Service (IHS), Department of Health and Human1535Services. The 2022 CBO estimate placed those costs, once fully1536implemented, at $43 million per annum and $80 million per annum,1537respectively. Those two agencies have a process that extends full1538services to members of newly recognized or restored tribes only when1539Congress appropriates money for that purpose. \16\ In addition, out of1540the 574 federally recognized tribes, 567 of them receive their BIA and1541IHS funding through either a self-determination contract or a1542selfgovernance compact, and the Secretary is precluded from reducing1543the amount of funding in both cases. \17\ 25 CFR  900.19 (self-1544determination contracts), and 25 CFR   1000.501, 1000.671 (self-1545governing compacts), mandating that the Secretary provide the full1546funding contracted for with those tribes. As a result, federally1547recognized tribes are protected from any diminution of their services1548from bringing Lumbee tribal members on board for federal services.1549---------------------------------------------------------------------------1550    \15\ The most recent CBO cost estimate of Lumbee recognition 15 was1551prepared in 2022. It acknowledged that the budget impact would be less1552than one might expect because the Tribe currently receives Federal1553Indian services from these agencies.1554    \16\ In the case of the BIA, it already has a 16 line item in each1555year's budge for newly recognized tribes. Those tribes are allocated a1556pro rata share of the new tribes appropriation; if the need exceeds the1557appropriation, then the need goes unmet. Newly recognized tribes can1558receive new tribes fund for three fiscal years, during which time the1559tribe negotiates its own budget that is included in the1560Administration's next budget request. Once that budget is appropriated,1561that tribe's members receives the funded services. In the case of the1562IHS, that agency's manual explicitly provides that newly recognized or1563restored tribes receive services only when Congress appropriates1564funding for that budget.1565    \17\ Staff Report, 2024 Oversight Hearing, House Committee on1566Natural Resources. http://www.HHRG-118-1124-20240306-SD002.pdf.1567---------------------------------------------------------------------------1568    Simply stated, the large number of Indians who are enrolled with1569the Lumbee Tribe and excluded from Federal Indian services makes it all1570more urgent that Congress get on with the business of correcting this1571long-standing injustice by extending full federal recognition to the1572Lumbee Tribe.1573Conclusion1574    In 1935, BIA Commissioner Collier sent Superintendent Fred Baker of1575the Sisseton Agency to visit the Lumbee community as part of1576deliberations on application of the IRA to the Tribe. Superintendent1577Baker reported that he met with approximately 4,000 members of the1578community and that they strongly supported the plan to acquire land for1579and organize the Tribe. Superintendent Baker observed, ``It is clear to1580my mind that sooner or later government action will have to be taken in1581the name of justice and humanity to aid them.'' It did not happen1582sooner. It is now much later and time for government action.15831584    The Chairman. Thank you, Ms. Locklear.1585    Next, we turn to Chief Hicks. Welcome.15861587STATEMENT OF HON. MICHELL HICKS, PRINCIPAL CHIEF, EASTERN BAND1588                      OF CHEROKEE INDIANS15891590    Mr. Hicks. [Greeting in Native tongue.] Chair Murkowski,1591Vice Chairman Schatz, and members of the Committee, thank you1592on behalf of the Eastern Band of the Cherokee Indians.1593    I want to express my deep appreciation for convening this1594substantive hearing, and for your willingness to examine the1595facts. A careful, evidence-based review of this matter is long1596overdue. Your commitment to that standard honors every1597federally-recognized tribe and the integrity of this1598Committee's work.1599    I speak today not to question anyone's personal identity,1600or heritage. This is not about policing identity. It is about1601evidence. It is about documentation and the integrity of the1602Federal recognition process.1603    I stand here as Principal Chief and as the voice of1604generations of Cherokees who safeguarded our identity,1605safeguarded our language and our sovereignty, through centuries1606of forced removal, division, boarding schools, and1607unprecedented political pressures. This bill asks Congress to1608recognize a group that has never demonstrated descent from any1609historical tribe.1610    Let me be clear: for more than a century, this group has1611cycled through claimed identities, the Croatan, Tuscarora,1612Siouan, and Cheraw, and even the Cherokees, choosing whatever1613labels seemed most advantageous at the time. Yet in all this1614time, not one verifiable genealogy, historical roll, treaty or1615historical document has demonstrated continuous tribal1616existence or descent from a historical tribe. Their claims rest1617on theories, speculation, and invented narratives.1618    Federal records show this clearly. In the late 1800s, only1619223 individuals in their counties identified as Indian. Ten1620years later, the number jumps to 4,000, a 1,700 percent spike.1621What changed was not ancestry or history, it was access to a1622separate school system for those willing to claim Indian1623identity on paper.1624    But the deeper historical record is even more revealing.1625For generations, before that moment, the families this group1626now claims as ancestors appears in official records as free1627British subjects, and later, American citizens. Not as Indians,1628not as a tribe, not as a political community distinct from1629others. They exercised their full civil rights. They did not1630claim an Indian identity.1631    Only after the Civil War, when North Carolina rewrote its1632constitution and imposed new racial restrictions on non-white1633citizens did these families suddenly adopt an Indian identity,1634calling themselves Croatan, to access the separate Indian1635school and government resources.1636    And history, that was not the end of identity shifts. For1637over 40 years, from 1913 to 1953, this group identified as1638Cherokees and legally recognized by North Carolina as the1639Cherokee Indians of Robeson County. Over the objections of the1640Cherokee Nation and the Eastern Band of the Cherokee, their1641members self-identified as Cherokee on Federal school1642applications. And they petitioned Congress for recognition as1643Cherokee.1644    Some individuals still assert Cherokee identity today. When1645those claims were rejected because they could not be1646substantiated, the group adopted yet another identity. This is1647not a pattern of continuous tribal existence. It is a pattern1648of shifting assertions, driven by circumstance, not historical1649evidence.1650    If Congress passes this bill, this group would be the first1651Americans in history to receive Federal recognition without1652demonstrating any descent from a historical tribe. This is not1653fairness, it is abandonment of every safeguard that protects1654tribal sovereignty and identity.1655    The Office of Federal Acknowledgement exists to ensure1656recognition decisions rely on proof, not assertion,1657documentation, not desire, historical truth, not political1658pressure. Recognition confirms a documented tribal reality. It1659does not create one.1660    Congress has also been misled on the cost. Independent1661analysis shows the real price is in the billions, diverting1662treaty-based resources away from tribes with proven history and1663legal rights.1664    I want to state this plainly and respectfully. There is no1665tribal language, there is no treaty relationships, no1666continuous tribal government, no documented lineage to a1667historical tribe. We do not fear another tribe. I want to make1668that clear. We fear falsehood becoming Federal law.1669    If there is evidence, let it be presented. If there is a1670tribal origin, let the OFA confirm it. And if they meet the1671same standard every other tribe meets, we will welcome them to1672the group of federally-recognized tribes. But Congress must1673legislate identity by replacing evidence with assertion.1674    In conclusion, thank you in advance for insisting that1675proof matters, and that Federal recognition must remain1676grounded in the truth.1677    On behalf of the Eastern Band of the Cherokee Indians, I1678urge you to hold the line, even though it is difficult, protect1679the integrity of tribal sovereignty, protect the integrity of1680Federal recognition, protect the principle that history and1681evidence still matter in the United States Congress.1682    [Phrase in Native tongue.]1683    [The prepared statement of Mr. Hicks follows:]16841685Prepared Statement of Hon. Michell Hicks, Principal Chief, Eastern Band1686                          of Cherokee Indians1687    Chairman Murkowski, Vice Chairman Schatz, and Members of the1688Committee on Indian Affairs, I am honored to testify today to express1689the views of the Eastern Band of Cherokee Indians on S. 107, the1690``Lumbee Fairness Act.'' I am particularly grateful to the Committee1691for holding a hearing that focused on the merits of Lumbee recognition,1692which is important to my Tribe but and tribal nations across Indian1693country.1694    Since before the arrival of Europeans on this continent, the1695Cherokee have lived in the southeastern part of what is now the United1696States, in the states of North Carolina, South Carolina, Alabama,1697Georgia, Kentucky, Tennessee, Virginia, and West Virginia. Since1698European contact, the Cherokee have faced unending threats to our very1699existence-including the tragic Trail of Tears, where more than 15,0001700Cherokee Indians were forcibly removed by the U.S. Army from our1701ancestral homelands to the Indian Territory as part of the federal1702government's American Indian Removal Policy. Thousands died. Our1703Eastern Band people call this event ``Gay go whoa oh duh nuh ee,'' or1704the ``Removal.'' We, the Eastern Band of Cherokee Indians, are the1705descendants of those Cherokees that resisted the Removal in the Great1706Smoky Mountains and escaped the Trail of Tears, or who were able to1707return to their homeland in the Smoky Mountains after enduring the1708Trail of Tears. The Great Smoky Mountains wrapped its arms around us,1709protected us, and helped us preserve our our lives and our culture. The1710mountains continue to provide us refuge and resources today.1711    Through all of this, the Cherokee people have fiercely protected1712our separate identity as Cherokees. There are three, and only three,1713Cherokee Tribal Nations: the Eastern Band of Cherokee Indians1714(``Eastern Band''), the United Keetoowah Band of Cherokee Indians, and1715the Cherokee Nation. Many of our Tribal members are fluent speakers of1716the Cherokee language. We have a separate culture that makes us1717different from any group of people in the world. The leadership of the1718Cherokee, and the Cherokee people ourselves, have fought with tenacity1719and determination for nearly 500 documented years to ensure that our1720way of life, our beliefs, and our sovereignty will survive. For over a1721century, Eastern Band Tribal leaders have been forced to actively1722protect the separate political and cultural identity of the Cherokee1723People from a multitude of groups that falsely claim to be Cherokee1724tribes. The Lumbees are one of these groups.1725Irrefutable Facts About the Lumbee Group1726    I want to begin by highlighting the following irrefutable facts1727about the Lumbees:17281729   For over 125 years, the group of people that now calls1730        themselves the ``Lumbee Tribe'' have sought federal recognition1731        as a tribe from Congress. For over 125 years, Congress has1732        rejected legislation that would federally acknowledge this1733        group as a tribe.17341735   The group now indentifying as Lumbee has never had treaty1736        relations with the United States.17371738   The group now identifying as Lumbee has sought federal1739        recognition under different names: Croatan, Cherokee, Siouan,1740        and Cheraw. One of these ``tribes,'' however, is not even a1741        historical tribe but an Indigenous language group (Siouan).17421743   The group now calling itself Lumbee does not have a tribal1744        language or tribal culture, according to Lumbee expert1745        testimony before Congress. \1\1746---------------------------------------------------------------------------1747    \1\ Congressional Record-House (Oct. 28, 1993), at 26545, available1748at https://www.congress.gov/103/crecb/1993/10/28/GPO-CRECB-1993-pt18-7-17491.pdf.17501751   Independent experts Dr. Virginia DeMarce, the former Chair1752        of the National Genealogical Society, and Paul Heinegg, an1753        award-winning genealogist and author, have published detailed,1754        pre-1900 research that undermines Lumbee claims to having1755---------------------------------------------------------------------------1756        Native ancestry. \9\17571758    Heinegg summarizes his conclusions concerning Lumbee identity,1759referring to the Lumbee as ``an invented North Carolina Indian tribe.''1760\10\17611762   The ``Lumbee Fairness Act'' specifically prohibits the1763        Secretary of the Interior from reviewing the DeMarce and1764        Heinegg research when verifying Lumbee rolls.17651766   For forty years, the State of North Carolina recognized the1767        Lumbee group as, and the Lumbees held themselves out to be,1768        ``Cherokee'' Indians.17691770   The name ``Lumbee'' does not come from a historic tribe--it1771        comes from the geographical name of the river that runs through1772        Robeson County, North Carolina, and was chosen by vote by this1773        group from a list of options as their most recent identity. \2\1774---------------------------------------------------------------------------1775    \2\ Hearing on H.R. 898, To Provide For Recognition of the Lumbee1776Tribe of North Carolina, Committee on Resources, House of1777Representatives, Apr. 1, 2004, p. 66 (Statement of Dr. Jack Campisi).17781779   The historical record surrounding the identity of the group1780        calling itself Lumbee is replete with falsehoods and1781        inconsistencies. For example, census records for Robeson County1782        from the year 1900 identified families as ``Croatan,'' but1783        never Lumbee. Confusingly, census records for Robeson County1784        from the year 1910 identified those same families as1785        ``Cherokee,'' but with the word ``Croatan'' stamped over the1786        written word ``Cherokee.'' \3\ Exhibit 1.1787---------------------------------------------------------------------------1788    \3\ Notably, Dr. Jack Campisi, the Lumbee group's expert who1789authored the group's petition for federal recognition to the OFA, has1790testified to this Committee that ``[t]he federal census records are by1791far the best source of evidence concerning the Lumbee community.''1792Testimony of Dr. Jack Campisi to the Senate Committee on Indian Affairs1793on S. 420 (Sept. 17, 2003) p. 3.17941795   Unlike the Cherokee, the Choctaw, the Creek, the Seminole,1796        the Shawnee, and many other established Tribal Nations with1797        aboriginal lands in the South and East, the United States never1798        identified the Lumbee as as a tribe or even Indian and never1799        sought to remove them from their claimed homelands when Indian1800---------------------------------------------------------------------------1801        removal was U.S. policy.18021803   The Lumbees submitted a petition for federal recognition to1804        what is now the Office of Federal Acknowledgment (OFA) in 1987.1805        No determination has been made regarding the Lumbees' OFA1806        petition.18071808   In accordance with the most recent Department of the1809        Interior Solicitor's M-Opinion on the matter, the Lumbees are1810        eligible to seek federal recognition through the OFA process.1811        Exhibit 2.18121813    The foregoing facts are incontrovertible. Moreover, these facts (1)1814cast doubt on the validity of the Lumbees' claim that they descend from1815a historic tribe, and (2) illustrate why Congress should defer to the1816OFA to determine the merits of the Lumbees' claims.1817Defects in Lumbee Tribal Identity Claims1818    If Congress recognizes groups whose tribal and individual identity1819as Indians is seriously in doubt, it will dilute the government-to-1820government relationships that existing federally recognized tribes have1821with the United States. Although the Lumbees have sought federal1822recognition under the assumed identities of four different ``tribes,''1823\4\ they have yet to produce evidence demonstrating descent from a1824historic tribe. In 1955, a Lumbee leader testified to the House of1825Representatives that the Lumbees are an ```admixture of seven different1826tribes of Indians, including the Cherokee, Tuscarora, Hatteras, Pamli1827and Croatan.''' \5\ To try to trace the Lumbees' claimed identities is1828dizzying. We strongly believe that this bill would undermine the1829integrity of existing federally recognized Indian tribes due to the1830real problems the Lumbee group has in demonstrating that it is a tribe,1831including its inability to trace the genealogy of its roughly 60,0001832members to a historic tribe.1833---------------------------------------------------------------------------1834    \4\ One such assumed identity is Siouan, which is an Indigenous1835language group--not a historic tribe.1836    \5\ S. Rep. No. 110-409 (2008), p. 4 (quoting Statement of Rev.1837D.F. Lowery of Pembroke, North Carolina before the Subcommittee on1838Indian Affairs, Committee on Interior and Insular Affairs, U.S. House1839of Representatives, Hrg. on H.R. 4656 Relating to the Lumbee Indians of1840North Carolina, Jul. 22, 1955).1841---------------------------------------------------------------------------1842    Furthermore, even the Lumbees acknowledge that they cannot identify1843their origins. In 1953, a Lumbee leader recognized that:18441845         The first white settlers found a large tribe of Indians living1846        on the Lumbee River in what is now Robeson County-a mixture of1847        colonial blood with Indian blood, not only [Raleigh's] colony;1848        but, with other colonies following and with many tribes of1849        Indians; hence, we haven't any right to be called any one of1850        the various tribal names . . . . \6\1851---------------------------------------------------------------------------1852    \6\ Congressional Record--House (Oct. 28, 1993), at 26544,1853available at https://www.congress.gov/103/crecFb/1993/10/28/GPO-CRECB-18541993-pt18-7-1.pdf.18551856    Although they have since changed their position, the historical1857fact remains-Lumbee leaders seventy years ago acknowledged the group's1858lack of descent from a historical tribe.1859Lumbee's Self-Identification as ``Croatan'' Indians1860    In 2003, the Lumbees' own hired expert (Dr. Jack Campisi) stated in1861his testimony before this Committee that the Lumbee sought federal1862services from the Congress as ``Croatan Indians'' in the 1880s and1863early 1900s. However, in 1993, the House Resources Committee's Report1864regarding the then-pending Lumbee recognition bill contained the1865following relating to the history of the Lumbee group and its1866``Croatan'' origins:18671868         The story of how the progenitors of the Lumbee came to live in1869        this area of North Carolina is a multifarious one. In fact,1870        there are almost as many theories as there are theorists. Up1871        until the 1920's, the most persistent tradition among the1872        Indians in Robeson County was that they were descended1873        primarily from an Iroquoian group called the Croatans. This1874        theory, though highly conjectural, is as follows. In 1585, Sir1875        Walter Raleigh established an English colony under Gov. John1876        White on Roanoke Island in what later became North Carolina. In1877        August of that year, White departed for England for supplies,1878        but was prevented from returning to Roanoke for 2 years by a1879        variety of circumstances. When he finally arrived at the1880        colony, however, he found the settlement deserted; no physical1881        trace of the colonists was found.18821883         The only clue to their whereabouts were the letters ``C.R.O.''1884        and the word ``Croatoan'' carved in a tree. From this it was1885        surmised that the colonists fled Roanoke for some reason, and1886        removed to the nearby island of Croatoan which was inhabited by1887        a friendly Indian tribe. There, according to the theory, they1888        intermarried with the Indians, and the tribe eventually1889        migrated to the southwest to the area of present-day Robeson1890        County. The theory is lent some credence by reports of early1891        18th century settlers in the area of the Lumber River who noted1892        finding a large group of Indians-some with marked Caucasian1893        features such as grey-blue eyes ``speaking English, tilling the1894        soil,'' ``and practicing the arts of civilized life.'' In1895        addition, many of the surnames of Indians resident in the1896        county match those of Roanoke colonists. \7\1897---------------------------------------------------------------------------1898    \7\ Id. at 26543.1899---------------------------------------------------------------------------1900Lumbee's Self-Identification as ``Cherokee'' Indians1901    In 2015, the Secretary of the Interior informed this Committee that1902``[l]ong before historians began to study the origin of these people1903they claimed to be of Cherokee descent. In fact, they have always1904claimed that they were originally a part of the Cherokee Tribe and that1905they gave up their tribal relation after they had participated with the1906white man in the war against the Tuscaroras.'' \8\1907---------------------------------------------------------------------------1908    \8\ Letter from the Secretary of the Interior Transmitting, in1909Response to a Senate Resolution of June 30, 1914, a Report on the1910Condition and Tribal Rights of the Indians of Robeson and Adjoining1911Counties of North Carolina, S. Doc. No. 677, at 121 (1915).1912---------------------------------------------------------------------------1913    The Lumbee group sought recognition from the North Carolina1914Legislature in 1913 as the ``Cherokee Indians of Robeson County.'' This1915legislation was passed, despite the Eastern Band's opposition, and the1916group was recognized in North Carolina as ``Cherokee'' Indians. That1917continued for 40 years until 1953 when the North Carolina Legislature,1918at the Lumbee group's request, passed legislation recognizing them as1919the ``Lumbee'' Indians instead of as the ``Cherokee'' Indians. Although1920the Lumbee group now claims the Cherokee identity was pushed upon them,1921there is significant evidence throughout history of the Lumbee group1922and its ``members'' affirmatively asserting Cherokee identity.1923    As the Lumbee group's expert Dr. Campisi stated, after World War I,1924this Lumbee group sought legislation in Congress for recognition as1925``the Cherokee Indians of Robeson and adjoining counties.''1926Specifically, in 1924, Dr. Campisi noted that the now-called Lumbee1927group had legislation introduced in the U.S. Senate that would have1928recognized them as ``Cherokee'' Indians. However, Commissioner of1929Indian Affairs Charles H. Burke opposed the legislation and it failed1930to pass. Dr. Campisi went on to state that the Lumbee group renewed1931their efforts in 1932 and had a bill introduced in the Senate that1932would have recognized them as ``the Cherokee Indians,'' but this effort1933failed as well. \9\ The Eastern Band has, since the early 1900s when1934the Lumbee group sought formal recognition as Cherokee, consistently1935and strongly opposed these efforts of the Lumbees to be recognized as a1936tribe.1937---------------------------------------------------------------------------1938    \9\ Id. Ms. Arlinda Locklear, in her testimony before the Senate1939Indian Affairs Committee in 2003, noted that the Lumbee group claimed1940that they were Cherokee and sought federal legislation to be recognized1941as Cherokees. ``Testimony of Arlinda Locklear, Patton Boggs LLP, Of1942Counsel for the Lumbee Tribe of North Carolina in Support of S. 4201943United States Senate Committee on Indian Affairs'' (Sept. 17, 2003) p.19444.1945---------------------------------------------------------------------------1946    Additionally, from 1914 to 1916, several Lumbee individuals1947petitioned the United States Commissioner on Indian Affairs for1948admittance to the Carlisle Indian School in Pennsylvania. W.H. Oxendine1949claimed to be ``an Indian of the Cherokee Tribe of Eastern N.C. in1950Robeson County.'' \10\ In James Oxendine's application to Carlisle, his1951mother, Charity, listed herself as being 3/4 Cherokee. \11\ In his 19161952response to Lumbee applications to Carlisle, School Superintendent O.H.1953Lipps wrote to the Commissioner on Indian Affairs:1954---------------------------------------------------------------------------1955    \10\ Request for Enrollment from Robeson County Cherokee (Nov. 11,19561914), available at https://carlisleindian.dickinson.edu/sites/default/1957files/docs-documents/NARA_RG75_CCF_b028_f06_119133.pdf.1958    \11\ James Oxendine Student File (1911), available at https://1959carlisleindian.dickinson.edu/sites/default/files/docsephemera/1960NARA_1327_b003_f0117.pdf.1961---------------------------------------------------------------------------1962    These applications have been consistently turned down for the1963reason that we have been advised by the office that the status of the1964indians of Robeson County is undetermined and that it is a question to1965be decided by Congress and, also, for the further reason that we1966understand Supervisor Charles F. Pierce some years ago made a very1967thorough investigation into the claims of these Indians for recognition1968by the Government and it was his opinion that it would be a great1969mistake for the Government to step in and assume guardianship over them1970even to the extent of giving them school privileges in Government1971schools. \12\1972---------------------------------------------------------------------------1973    \12\ View of Oscar H. Lipps on Pupils Attending Non-Government1974School (Feb. 12, 1916), p. 1, available at https://1975carlisleindian.dickinson.edu/sites/default/files/docs-documents/1976NARA_RG75_CCF_b029_f013_16293.pdf.1977---------------------------------------------------------------------------1978    Questions surrounding the Lumbee group's claims are not a recent1979phenomenon. Even in 1916, it was openly discussed and understood that1980the Lumbee group's claims of Indian ancestry were highly suspicious.1981Lumbee's Self-Identification as ``Siouan'' Indians1982    According to the Lumbees, the Lumbee group sought federal1983recognition as ``Siouan'' Indians in 1924. Further, in the 1930s, for1984purposes of the Indian Reorganization Act, the Lumbees self-designated1985themselves as the ``Siouan Indian Community of Lumber River.'' \13\ As1986stated above, the term ``Siouan'' is a reference to a generic1987linguistic classification that is spoken by many tribes in North1988America and is not a term that describes a distinct historical tribe.1989---------------------------------------------------------------------------1990    \13\ Id. at 9.1991---------------------------------------------------------------------------1992    It was not until 1952 that the Lumbees decided to refer to1993themselves as ``Lumbee'' based upon their geographic location next to1994the Lumber River. In 1956, Congress, at the request of the Lumbees,1995passed legislation commemorating their name change. \14\ Absent from1996this 1956 Act was any affirmation by Congress that recognized the1997Lumbees as descendants of specific historic tribes, entitled to a1998government-to-government relationship; rather, the Act refers to the1999Lumbees as a group that relies ``on tribal legend'' to trace their2000origin. \15\2001---------------------------------------------------------------------------2002    \14\ Id. at 9-10.2003    \15\ 70 Stat. 254.2004---------------------------------------------------------------------------2005The Lumbees' Tenuous Efforts to Link Themselves to the Cheraw Tribe2006    The federal recognition criteria require that the membership of a2007petitioning group consist of ``individuals who descend from a2008historical Indian tribe (or from historical Indian tribes that combined2009and functioned as a single autonomous political entity).'' \16\ The2010regulations define ``historical'' in this context as ``before 1900.''2011\17\ The origin and ties of the Lumbee group to a historical tribe have2012been the subject of uncertainty not only among experts in the area but2013also among the Lumbee themselves.2014---------------------------------------------------------------------------2015    \16\ 25 C.F.R.  83.11(e).2016    \17\ Id. at 83.1.2017---------------------------------------------------------------------------2018    Experts at the Bureau of Indian Affairs (BIA) have testified that2019the Lumbee ties to the Cheraw Tribe are tenuous. On August 1, 1991,2020Director of the Office of Tribal Services Ronal Eden testified on2021behalf of the Administration regarding federal legislation that would2022Congressionally recognize the Lumbee group. Regarding the Lumbee2023group's petition for federal recognition, the Director testified to a2024``major deficiency'' that ``the Lumbee have not documented their2025descent from a historic tribe.'' \18\2026---------------------------------------------------------------------------2027    \18\ Statement of Ronal Eden, Director, Office of Tribal Services,2028Bureau of Indian Affairs, Department of the Interior, Before the Joint2029Hearing of the Select Committee on Indian Affairs, United States2030Senate, and the Interior and Insular Affairs Committee, United States2031House of Representatives, On S. 1036 and H.R. 1426 (Aug. 1, 1991) p. 3-20325.2033---------------------------------------------------------------------------2034    The Director also testified that the 18th century documents used by2035the Lumbee group to support its claim that it primarily descends from a2036community of Cheraws living on Drowning Creek in North Carolina in the20371730s needed extensive analysis corroborated by other documentation.2038\19\2039---------------------------------------------------------------------------2040    \19\ Id.2041---------------------------------------------------------------------------2042    In his September 17, 2003 testimony before this Committee, Lumbee2043expert Dr. Jack Campisi relied on a report by Dr. John R. Swanton of2044the Bureau of Ethnology to conclude ``in the early 1930s that the2045Lumbees are descended [from] predominantly Cheraw Indians.'' The House2046Report specifically refutes this claim, stating that Swanton chose2047``Cheraw'' rather than another tribal name he identified--2048``Keyauwee''--because the Keyauwee name was not well known. ``In other2049words, the choice of the Cheraw was apparently made for reasons of2050academic ease rather than historical reality.'' \20\2051---------------------------------------------------------------------------2052    \20\ Congressional Record-House (Oct. 28, 1993), at 26544,2053available at https://www.congress.gov/103/crecb/1993/10/28/GPO-CRECB-20541993-pt18-7-1.pdf.2055---------------------------------------------------------------------------2056    Furthermore, an Acting Deputy Assistant Secretary, Indian Affairs,2057has questioned the adequacy of the underlying proof of Cheraw descent.2058He testified in 1989 that:20592060         The Lumbee petition . . . claims to link the group to the2061        Cheraw Indians. The documents presented in the petition do not2062        support [this] theory . . . . These documents have been2063        misinterpreted in the Lumbee petition. Their real meanings have2064        more to do with the colonial history of North and South2065        Carolina than with the existence of any specific tribal group2066        in the area in which the modern Lumbee live. \21\2067---------------------------------------------------------------------------2068    \21\ To Provide Federal Recognition for the Lumbee Tribe of North2069Carolina: Hearing Before the House Committee on Interior and Insular2070Affairs on H.R. 2335, 101st Cong. 25-27 (1989).20712072    In her 2003 testimony before this Committee, legal counsel to the2073Lumbee, Arlinda Locklear, admitted that these concerns continue today.2074``Department staff that administers the administrative acknowledgment2075process have expressed some concern about the absence of a genealogical2076connection between the modern-day Lumbee Tribe and the historic Cheraw2077Tribe.'' \22\2078---------------------------------------------------------------------------2079    \22\ ``Testimony of Arlinda Locklear, Patton Boggs LLP, Of Counsel2080for the Lumbee Tribe of North Carolina in Support of S. 420 United2081States Senate Committee on Indian Affairs'' (Sept. 17, 2003) p. 4 n.1.2082---------------------------------------------------------------------------2083Claimed Lumbee Membership Not Tied to Cheraw Individuals2084    The various documents on which the Lumbee membership list is based2085similarly cast doubt as to the ability of the Lumbee group to meet the2086recognition criteria. The Lumbee group claims more than 60,000 enrolled2087members who are descended from anyone identifying as ``Indian'' in five2088North Carolina counties and two South Carolina counties in either the20891900 or 1910 federal census. The Lumbee Constitution refers to these2090census lists as the ``Source Documents.'' Yet, the individuals on these2091lists cannot be specifically identified and verified as Cheraw Indians.2092In fact, these individuals cannot be identified as belonging to any2093tribe whatsoever. These are lists of people who self-identified or were2094identified by census workers as ``Indian.''2095    House Resources Committee members have recognized the weaknesses2096and complexities in the Lumbee group's claim to tribal recognition in2097the past:20982099         The Lumbee . . . have never had treaty relations with the2100        United States, a reservation, or a claim before the Indian2101        Claims Commission; they do not speak an Indian language; they2102        have had no formal political organization until recently; and2103        they possess no ``Indian'' customs or cultural appurtenance2104        such as dances, songs, or tribal religion. One of the groups2105        consultant anthropologists, Dr. Jack Campisi, noted this lack2106        of Indian cultural appurtenances in a hearing colloquy with2107        then--Congressman Ben Nighthorse Campbell:21082109        Mr. Campbell: Do [the Lumbee] have a spoken language . . . ?21102111        Dr. Campisi: No.21122113         Mr. Campbell: Do they have distinct cultural characteristics2114        such as songs, dances and religious beliefs and so on? . . . Do2115        the Lumbees have that?21162117        Dr. Campisi: No. Those things were gone before the end of the2118        18th Century.21192120    This absence of cultural appurtenances in part identify the Lumbee2121as part of what sociologist Brewton Berry has termed the ``marginal2122Indian groups.'' As Berry notes:21232124         These are communities that hold no reservation land, speak no2125        Indian language, and observe no distinctive Indian customs.2126        Although it is difficult to establish a firm historical Indian2127        ancestry for them, their members often display physical2128        features that are decidedly Indian. Because they bear no other2129        historic tribal names, they often emphasize a Cherokee2130        ancestry.2131    These characteristics . . . point out that this is a case replete2132with out-of-the-ordinary complexities which require more than just a2133simple one-page staff memo to understand fully. Needless to say, if2134those [Members of Congress] charged with the day-to-day oversight of2135Indian affairs do not have the necessary expertise--or even knowledge--2136in this area, how will the balance of our Members appropriately2137exercise those judgments as they will be called upon to do when this2138legislation reaches the floor? \23\2139---------------------------------------------------------------------------2140    \23\ Congressional Record-House (Oct. 28, 1993), at 26545,2141available at https://www.congress.gov/103/crecb/1993/10/28/GPO-CRECB-21421993-pt18-7-1.pdf.2143---------------------------------------------------------------------------2144    It must also be noted that, due to the absence of their own2145culture, the Lumbee group has and continues to engage in heavy2146appropriation of cultures from legitimate Tribal Nations.2147OFA's Unique and Exclusive Capability to Determine the Merits of2148        Lumbee's Claims2149    The government-to-government relationship between a Tribal Nation2150and the United States begins at the point where each recognizes the2151sovereignty of the other. For this reason, it is crucial that the2152federal government have in place a credible, non-politicized process2153for determining which Tribal Nations it recognizes. The National2154Congress of American Indians (NCAI) expressed its support for such a2155process by resolution in 1977. Exhibit 3. In Spring of 1978, NCAI2156issued a Declaration of Principles on Tribal Recognition by the U.S.2157Government. Exhibit 4. NCAI declared: ``There must be a valid and2158consistent set of criteria applied to every group which petitions for2159recognition. The criteria must be based on ethnoligical, historical,2160legal and political evidence.'' Id. NCAI further declared that only2161those tribes or groups who satisfy such criteria may be recognized. Id.2162In large part due to pressure from NCAI, the Department of the Interior2163established the OFA and the federal recognition process (known as the2164``Part 83 process'') in Fall of 1978 to ensure that federal recognition2165determinations are made with rigorous scrutiny and based on factual and2166historical evidence, ``free from the eddies and currents of partisan2167politics and influence.'' \24\2168---------------------------------------------------------------------------2169    \24\ H.R. Rep. No. 103-621, at 17 (1994).2170---------------------------------------------------------------------------2171    The Part 83 process requires the OFA to apply and consider seven2172mandatory criteria to evaluate a group's petition for federal2173recognition. The purpose of these seven criteria is to prevent the2174recognition--and the rights, benefits, and duties that come with it--of2175groups that are not truly Tribal Nations entitled to government-to-2176government relationships with the Untied States.2177    As former Congressman and Chair of the House Natural Resources2178Committee George Miller has explained about the role of Congress and2179tribal recognition,21802181         Properly done, the process of recognition requires an2182        evaluation of complex and often ambiguous data and issues of2183        ethnohistory, cultural anthropology, and genealogy. Not only do2184        we lack that expertise, but there are precious few members of2185        this Committee with any more than the most superficial2186        knowledge on the subject at all. Such a decision is replete2187        with out-of-the-ordinary complexities which require more than2188        just a simple one-page staff memo to understand fully. Needless2189        to say, if those of us charged with the day-to-day oversight of2190        Indian affairs do not have the necessary expertise--or even2191        knowledge--in this area, how will the balance of our Members2192        appropriately exercise those judgments as they will be called2193        upon to do when this legislation reaches the floor? \25\2194---------------------------------------------------------------------------2195    \25\ Id. at 16-17.2196---------------------------------------------------------------------------2197    Congress does not have the expertise to determine whether a modern2198group descends from a historical tribe (or tribes), and whether the2199group is comprised of persons of Indian ancestry from that historical2200tribe (or tribes), and would base its recognition decision on politics2201and emotions rather than merit. In fact, as was pointed out by a Member2202of the House with respect to a previous Lumbee recognition bill, ``[a]2203single, powerful member in the majority party is perfectly capable of2204moving a recognition bill through this body with little reference to2205its actual merits.'' \26\ The rights, benefits, and duties that2206accompany federal recognition must not be conveyed lightly, as doing so2207would have devastating consequences within and beyond Indian country.2208This is why it is imperative that the claims of groups like the Lumbee2209be vetted by the highly skilled, qualified, and experienced historians,2210anthropologists, and genealogists at the OFA who have the dedicated2211time and resources to properly evaluate them. There are simply too many2212unknowns and inconsistencies resulting in too many looming questions2213about the Lumbees' claims to leave determination of those claims to the2214political whims of Congress.2215---------------------------------------------------------------------------2216    \26\ Id. at 172217---------------------------------------------------------------------------2218Concerns of Eastern Band and Other Legitimate, Federally Recognized2219        Indian Tribes2220    The integrity of the federal recognition process would be2221jeopardized by allowing political motivations to substitute for2222research and critical analysis of neutral, third-party experts if2223Congress recognizes the Lumbee group by legislation. Furthermore, the2224government-togovernment relationship legitimate tribes hold with the2225United States would be diluted if groups that cannot demonstrate2226descent from a historical tribe(s) are federally recognized and vested2227with the sovereign rights of Tribal Nations. The OFA process protects2228established Tribal Nations that have treaty and trust relations with2229the United States and living languages and cultures from fraudulent or2230unmerited claims of tribal identity.2231    As historican and genealogist Jean Kelly explains:22322233         Allowing Federal recognition for a group without clear2234        antecedents of previous historical tribe(s) would dramatically2235        redefine the standards for receiving Federal recognition,2236        almost to the point of being meaningless. Such low standards2237        would pave the way for groups with little to no evidence of2238        Native ancestry to claim the cultures and identifies of2239        legitimate tribes and assume legal rights over their sacred2240        places and ancestral remains under the Native American Graves2241        Protection and Repatriation Act (NAGPRA). Imbuing such groups2242        with the legal authorities to act as sovereigns would have2243        significant consequences for communities across America.'' \27\2244---------------------------------------------------------------------------2245    \27\ Jean Kelley, M.A., ``Analysis of Lumbee Historical and2246Genealogical Claims,'' 2024, at 17-18, attached as Exhibit 5.22472248    Passage of the bill would set a dangerous precedent, encouraging2249countless groups with entirely baseless claims to seek federal2250recognition from Congress. As former Congressman Walter B. Jones stated2251in a hearing on the 2004 iteration of the Lumbee recognition bill, ``if2252we start passing private bills to recognize [the Lumbee group], then I2253think we are creating a problem that is going to be uncontrollable,2254because how can you say yes to one and no to 237 [other groups seeking2255recognition]?'' \28\2256---------------------------------------------------------------------------2257    \28\ H.R. Hrg. 108-90 (2004), p. 5-6.2258---------------------------------------------------------------------------2259    The Eastern Band's opposition to this bill is driven by the threat2260Congressional recognition of the Lumbee group would pose to tribal2261sovereignty, the government-togovernment relationship between Tribal2262Nations and the United States, Indigenous and tribal identity, and2263access to vital federal resources intended for legitimate Tribal2264Nations across Indian country--not the threat on the Eastern Band's2265gaming operations. Robeson County, the Lumbees' claimed homelands, is2266located approximately 225 miles away from the Eastern Band's casino in2267Cherokee, North Carolina, and approximately 260 miles away from its2268casino in Murphy, North Carolina, as the crow flies. It takes over five2269and six hours, respectively, to drive from Pembroke, Robeson County, to2270the Eastern Band's casinos. If the Lumbees were federally recognized2271and permitted to engage in Indian gaming, impacts of such activity on2272the Eastern Band's gaming enterprises would be nominal. The Lumbees2273pose no threat to the Eastern Band from a gaming perspective, and2274gaming revenues are irrelevant to the Eastern Band's opposition to this2275bill.2276Drastically Underestimated Cost of Lumbee Recognition- Harm to Existing2277        Tribes and Waste of Taxpayer Money2278    Congress has been egregiously misled regarding the cost of Lumbee2279recognition. The most recent cost estimate prepared by the2280Congressional Budget Office (CBO) for Lumbee recognition (Exhibit 6),2281which was prepared in 2022 for H.R. 2758 (Lumbee Recognition Act),2282glaringly underestimated the price tag for taxpayers on recognition of2283the Lumbee. Specifically, the CBO cost estimate for H.R. 2758 contains2284the following deficiencies:22852286   Estimated BIA costs for H.R. 2758 ($116M) are 28 percent2287        lower than estimated BIA costs in the previously prepared CBO2288        cost estimate for Lumbee recognition ($160M), which was for the2289        period from 2012 to 2016. See Exhibit 7. That BIA costs would2290        have decreased by 28 percent over the roughly ten-year gap2291        between the two cost estimates, and following an increase in2292        the Lumbee population, defies all logic.22932294   In 2018, the Government Accountability Office issued a2295        report demonstrating that Indian Health Service (IHS) spending2296        for 2017 amounted to $4,078 per user. \29\ This figure, $4,078,2297        was again used by IHS in a fact sheet based on 2022 data. \30\2298        However, the cost estimate for H.R. 2758 applies a per user2299        figure of just $1,700--which is even smaller than the per user2300        figure applied in the previously prepared CBO cost estimate for2301        Lumbee recognition for the 2012-2016 period. Again, for costs2302        to decrease over the course of a decade, while inflation and2303        the Lumbee population continued to grow, defies logic.2304        Moreover, there is no justification for the CBO using a smaller2305        per-user cost figure than IHS uses.2306---------------------------------------------------------------------------2307    \29\ ``Indian Health Service: Spending Levels and Characteristics2308of IHS and Three Other Federal Health Care Programs,'' GAO-19-74R,2309available at https://www.gao.gov/products/gao-19-74r.2310    \30\ IHS Fact Sheet, available at https://www.ihs.gov/sites/2311newsroom/themes/responsive2017/display_objects/documents/factsheets/2312IHSProfile.pdf.23132314   Although the cost estimate for H.R. 2758 indicates that it2315        is for the period 2023-2027 (a five-year period), it actually2316        only attributes costs to the bill for the years 2024-2027 (a2317        four-year period). Outlays for 2023 are estimated at $0.2318        Moreover, without explanation, outlays for 2024 are estimated2319        at roughly half of the amounts estimated for years 2025, 2026,2320---------------------------------------------------------------------------2321        and 2027. Exhibit 8.23222323   Estimated IHS costs do not include the cost of developing2324        necessary healthcare infrastructure, such as hospitals and2325        clinics, to service the sizeable population of Lumbee service2326        recipients.23272328   The CBO cost estimate accounts only for IHS and BIA costs.2329        However, if recognized, the Lumbees would become eligible for2330        significant funds from multitude of federal funding sources2331        outside of these two agencies. These other funds are not2332        accounted for in the H.R. 2758 CBO cost estimate. Estimated2333        costs for other agencies that would provide services or2334        benefits to the Lumbees as Indians, if recognized, must be2335        included for the CBO cost estimate to be accurate and2336        comprehensive. Exhibit 8.23372338    The impact of Lumbee recognition on appropriations to other Indian2339tribes would be unprecedented in the history of federal acknowledgment.2340Accounting for the above--identified flaws with the previous CBO cost2341estimate, the Eastern Band estimates the cost of Lumbee recognition to2342be in the billions of dollars. Accordingly, this bill would have a2343huge, negative impact on the budgets of BIA and IHS and would decrease2344even further the sorely needed funds Indian people receive as a result2345of treaties and trust obligations of the United States to Indians and2346tribes. This Committee and the Congress should not support this2347legislation for emotional or political reasons, particularly without2348being absolutely certain that this group constitutes a recognizable2349Indian tribe in accordance with the objective criteria at the OFA,2350which it cannot.2351Conclusion2352    If this Committee and the Congress choose to pass this legislation,2353the consequences will be dramatic for existing federally recognized2354tribes. First and foremost, politics will have won a decided victory2355over sound policy. The notion of ``taking the politics out of federal2356recognition'' will have suffered its most severe setback in history.2357    With federal recognition comes the ability of a group to engage in2358serious activities associated with sovereign status, such as the2359ability to tax and enjoy certain tax advantages, the ability to2360exercise civil jurisdiction over non-Indians as well as Indians, and2361the right to engage in gaming. Enacting legislation like this only arms2362those who seek to erode sovereign rights with evidence that some groups2363possessing such rights were haphazardly afforded them. That is, the2364sovereign status of federally recognized tribes is currently under2365attack, with opponents arguing that tribes should be treated as little2366more than racial groups, devoid of treaty rights and a government-to-2367government relationship with the United States. Accordingly, federal2368recognition of tribes should be able to withstand the scrutiny of the2369federal courts that are responsible for interpreting the laws that2370uphold the United States' trust obligations.23712372        *The attachment exhibits to this prepared statement have been2373        retained in the Committee files.23742375    The Chairman. Chief Hicks, thank you very much.2376    Chief Barnes, welcome.23772378       STATEMENT OF HON. BEN BARNES, CHIEF, SHAWNEE TRIBE23792380    Mr. Barnes. [Greeting in Native tongue.] Ben Barnes,2381[phrase in Native tongue].2382    Senator Committee on Indian Affairs, Madam Chair Murkowski,2383Vice Chairman Schatz, Senator Mullin, other Senators of the2384Committee, niyaawe for inviting me.2385    My name is Ben Barnes, Chief of the Shawnee Tribe and Chair2386of the United Indian Nations of Oklahoma, serving the 382387federally-recognized tribal nations in Oklahoma. I also serve2388as the Chair of the National Native American Boarding School2389Healing Coalition.2390    Let me begin with a truth that our elders teach us.2391Sovereignty is the inheritance of tribal survival, not the2392reward for claiming it. Our nations exist because our ancestors2393endured forced removal, warfare, termination policies, and the2394boarding school system.2395    Federal recognition does not make a tribe. It acknowledges2396a people who never ceased to exist.2397    When the United States forced my people from Ohio, through2398Kentucky and Missouri, to Kansas, and finally to Oklahoma, we2399did not reinvent ourselves at each river we came to. We2400remained Shawnee. We carried our ceremonies in secret. We kept2401our language alive in whispers. Our government lived in the2402hearts of our people, even when the United States wished it2403would vanish.2404    Nationhood is not a label to be chosen, but an identity2405carried through generations of removal, loss, and resistance. I2406have seen what happens when identity becomes something someone2407can simply declare.2408    Across every homeland we were forced through, Ohio,2409Missouri, Kentucky, Kansas, there are now groups calling2410themselves Shawnee who do not speak our language, they hold no2411Shawnee ceremonies, they appear nowhere in our historical rolls2412or records, and they have no documented Shawnee ancestors or2413ties to our community.2414    The first time one of those groups opened a bank account2415using the name ``Shawnee,'' I learned a hard lesson: if2416identity becomes self-proclamation instead of a documented2417history, sovereignty becomes a sand castle waiting for the2418tide.2419    That is why we are here, to defend a sovereignty paid for2420in blood, land, and the children.2421    Now, turning to the matter before this Committee. For2422years, this group has moved from identity to identity, the Lost2423Colony, Croatan, Cherokee, Cheraw, Siouan, Lumbee, changing2424claims but never producing documentation to support any of2425them. And so, the United Indian Nations of Oklahoma turned to a2426respected historian and genealogist to examine the record.2427    That research did not attempt to define who the Lumbee are.2428It simply asked a single question: can the Lumbee's tribal2429claims be verified by historical and genealogical evidence? The2430resounding answer was no.2431    The expert found no demonstrated descent from a historical2432tribal nation, no continuous tribal government before the mid-243320th century, no ancestral indigenous language community, and2434census records showing ancestors identified as free persons2435under British and American law, but never as a tribal polity.2436    Those findings do not come from emotion or politics. They2437come from archives, from documents, and history.2438    Now I must speak from a sacred place, the place where grief2439and memory live in our communities. As chair of the National2440Native American Boarding School Healing Coalition, I have2441carried the names of Native children who never came home. I2442have walked the ground where they lie without markers. I have2443sat with survivors who still flinch when they hear their Native2444languages because it only brought punishment.2445    The Lumbee have invoked Indian boarding school history to2446claim indigeneity. But the record tells another story. Nine2447individuals now held up in Lumbee narratives attempted to2448enroll at the Carlisle Indian Industrial School. Carlisle2449rejected them because they did not meet the Federal definition2450of Indian. They were only admitted after claiming, falsely, to2451be Cherokee.2452    An independent genealogical review shows not one of the2453nine had Native ancestry. Yet their descendants now identify as2454Lumbee, and Lumbee leadership presents that episode as proof of2455tribal status. That is not survivorship. That is borrowing our2456pan to manufacture political identity.2457    Our children's trauma is not a credential. Our unmarked2458graves are not a strategy. Our ancestors' suffering is not a2459political accessory. To allow trauma to be impersonated is to2460betray the memory of the children and denigrate oneself.2461    There is a path established to Federal recognition, the2462Office of Federal Acknowledgment. It exists to examine history,2463continuity, and nationhood. It is open to the Lumbee. They have2464been told they may use it. They refused.2465    The truth is simple. People confident in their history do2466not avoid the place where history is examined.2467    So, I close where I began, with sovereignty. Tribal nations2468pre-date the United States. Federal recognition does not create2469us, it acknowledges us.2470    If Congress replaces documented history with political2471momentum, if identity becomes a matter of assertion rather than2472continuity, then this body will not be recognizing tribes, it2473will be manufacturing them. And once that begins, sovereignty2474will not be defined by history, but by votes.2475    Niyaawe, [phrase in Native tongue]. I welcome your2476questions.2477    [The prepared statement of Mr. Barnes follows:]24782479      Prepared Statement of Hon. Ben Barnes, Chief, Shawnee Tribe2480    Chairwoman Murkowski, Vice-Chairman Schatz, Members of the Senate2481Committee on Indian Affairs, niyaawe, thank you for inviting me to2482testify on this important subject. My name is Ben Barnes. I serve as2483Chief of the Shawnee Tribe and Chair of the United Indian Nations of2484Oklahoma, representing the Tribal Nations now based in the state of2485Oklahoma. I also serve as Chair of the Board of the National Native2486American Boarding School Healing Coalition.2487    Let me begin with a truth our elders have taught us: Sovereignty is2488the inheritance of tribal survival. The Shawnee Tribe and other2489sovereign tribal nations from across Oklahoma and the United States2490continue to exist today despite federal policies and actions intended2491to end our existence as both humans and as separate sovereigns.2492Important for the subject of this hearing today, federal recognition of2493groups claiming to be tribes--sovereignty is not and cannot be created2494by Congress as a reward for simply claiming to be a tribe.2495    The Shawnee Tribe and other tribal nations exist today because our2496ancestors endured forced removal, warfare, termination policies, and2497the boarding school system. We entered into treaties with the United2498States as a consequence of these policies and actions. Federal2499acknowledgment of a group cannot create a tribe. Federal recognition2500does not make a tribe. It acknowledges a tribal sovereign that pre-2501existed the creation of the United States.2502    To understand our perspective, it is essential to remember: In2503Indian Country, tribal identity and individual identity as a tribal2504citizen is not formed by modern circumstance--it is proven by history2505and continuity. When the United States forced my Shawnee people from2506Ohio, through Kentucky and Missouri, to Kansas, and finally to2507Oklahoma, we did not reinvent ourselves at each river we came to. We2508remained Shawnee. We carried our ceremonies in secret. We kept our2509language alive in whispers. Our culture and our government lived in the2510hearts of our people, even when the United States wished it would2511vanish.2512    That is what nationhood looks like--not a label chosen to meet a2513moment, but an identity carried through generations of removal, loss,2514and resistance. I have seen what happens when identity becomes2515something someone can simply declare. Across every homeland we were2516forced through--Ohio, Kentucky, Missouri, and Kansas--there are now2517groups calling themselves Shawnee who:25182519   Do not speak our language,25202521   Practice no Shawnee ceremonies,25222523   Appear nowhere in our historical rolls or records, and25242525   Have no documented Shawnee ancestors or ties to our2526        community. None.25272528    The first time one of those groups opened a bank account using the2529name ``Shawnee,'' I learned a hard lesson: If identity becomes self-2530proclamation instead of documented history, tribal sovereignty becomes2531a sandcastle waiting for the tide. That is why I am here--we are here--2532to defend a sovereignty paid for in blood, land, and the lives of our2533ancestors, not a construct of modern paperwork.2534    Now, turning to the matter before this Committee: For years, this2535group claiming to be a tribal sovereign has shifted from one identity2536to another--the Lost Colony of Roanoke, Croatan, Cherokee, Cheraw,2537``Siouan,'' Lumbee--changing claims but never producing documentation2538to support any of them. The so-titled ``Lumbee Fairness Act'' promotes2539this shifting tribal identity, prohibiting the Department of the2540Interior through the Office of Federal Acknowledgment from taking a2541close look at the Lumbee group's vague claims of tribal and individual2542identity.2543    Out of concern for the integrity of tribal recognition and2544sovereignty, the United Indian Nations of Oklahoma turned to a2545respected historian and genealogist to examine the record. That2546research did not attempt to define who the Lumbee are. It simply asked2547a single question: Can the Lumbee's tribal claims be verified by2548historical and genealogical evidence?2549    The answer was a resounding no. The expert found:25502551   No demonstrated descent from a historic tribal nation25522553   No continuous tribal government before the mid-20th century25542555   No ancestral Indigenous language25562557   Census records showing ancestors identified as free persons2558        under British and American law, never as a tribal polity25592560    Those findings do not come from emotion or politics. They come from2561the Lumbee's own petition for federal acknowledgment before the Office2562of Federal Acknowledgment, as well as archives, documents, and history.2563I attach our expert's reports to this written testimony for your2564review. *2565---------------------------------------------------------------------------2566    * The Executive Summary: Analysis of Lumbee Historical and2567Genealogical Claims By Jean M. Kelley, M. A. has been retained in the2568Committee files.2569---------------------------------------------------------------------------2570    Tribal nations based in Oklahoma care deeply about this issue, and2571understandably so. Oklahoma is the final homeland for many tribal2572nations that once occupied in lands across the country. It was the2573destination for negotiated and forcible removal. Tribal pretendianism--2574groups falsely claiming to tribal nations and falsely claiming2575sovereignty and rights to bury our ancestors and practice religious2576ceremonies that do not belong to them and claim lands and falsely2577claiming to be Indian--is a modern phenomenon. Literally hundreds of2578groups falsely claiming to be tribes, many of them treaty-based tribes2579now based in Oklahoma, have sprung up across the country.2580    Now I must speak from a sacred place--the place where grief and2581memory live in our communities. As Chair of the National Native2582American Boarding School Healing Coalition, I have carried in my heart2583the names of Shawnee and other Native children who never came home from2584federal boarding schools. I have walked and prayed on the ground where2585they lie without markers. I have been in rooms where Shawnee children2586lived and slept in the Shawnee Indian Mission Manual Labor Boarding2587School in Kansas and were prohibited from seeing their parents who came2588to visit them. I have sat with Indian boarding school survivors who2589still flinch when they hear their own language because it once brought2590punishment.2591    The Lumbee have invoked Indian boarding school history to claim2592Indigeneity. But the record tells another story. Nine individuals now2593touted in Lumbee narratives attempted to enroll at the Carlisle Indian2594Industrial School. Carlisle rejected them because they did not meet the2595federal definition of Indian. They were only admitted after claiming--2596falsely--to be Cherokee. And independent genealogical review shows not2597one of the nine had Native ancestry. Yet their descendants now identify2598as Lumbee, and Lumbee leadership presents that episode as proof of2599tribal status.26002601        That is not survivorship.2602        That is stealing our pain to manufacture political support.2603        Our children's trauma is not a credential.2604        Our unmarked graves are not a strategy.2605        Our ancestors' suffering is not a political accessory.26062607    To allow trauma to be impersonated is to betray the memory of our2608children and denigrate oneself.2609    There is an established path to federal recognition--the Office of2610Federal Acknowledgment at the Department of the Interior. The OFA2611protects my Tribe and other established tribes from false claims of2612tribal and individual identity that, unfortunately, we have seen over2613and over with the Lumbee. The OFA exists to examine history,2614continuity, and nationhood. The Solicitor of the Interior has made2615clear in a reasoned opinion that the OFA process is open to the Lumbee.2616They have been told they may use it. They filed a petition for federal2617acknowledgment in the OFA but now refuse to complete the process,2618choosing politics and emotion over facts.2619    The truth is simple: People confident in their history and ancestry2620do not avoid the place where history and genealogy are examined. So, I2621close where I began--with sovereignty. Tribal nations pre-date the2622United States. Federal recognition does not create us--it acknowledges2623us. If Congress replaces documented history with politics, asking which2624elected officials want it and abandoning the difficult merits questions2625at issue here, if identity becomes a matter of assertion rather than2626continuity, then this body will not be recognizing tribes--it will be2627manufacturing them. And once that begins, sovereignty will be defined2628not by history, but by votes.2629    Niyaawe. I welcome your questions.26302631    The Chairman. Chief, thank you very much. Thank each of you2632for your testimony here today, and for the opportunity to now2633engage in a round of questions.2634    I am going to defer my questions to Senator Markwayne2635Mullin from Oklahoma. You may begin.2636    Senator Mullin. Thank you so much.2637    Chief Barnes, how was the Shawnee Tribe recognized?2638    Mr. Barnes. We had a separation from the Cherokee Nation in2639the year 2000. As I said, we were under the authority of2640Cherokee Nation as citizens.2641    Senator Mullin. How were you recognized? Which path did you2642choose for recognition?2643    Mr. Barnes. We had a path of recognition to separate us2644from the Cherokee Nation. And that was established by an act of2645Congress.2646    Senator Mullin. Act of Congress. How many paths of2647recognition is there for a tribe to go through?2648    Mr. Barnes. You have an act of Congress, you have an OFA2649process.2650    Senator Mullin. And you chose to go through Congress2651because?2652    Mr. Barnes. We had an OFA review. We came down to a2653document that was signed by Fred Huffman in the 1960s. And if2654our continuity of government, it hinged upon that government2655being continuous. So as part of our separation, our separation2656was not identifying us as a tribe. It was separating our tribe2657from the Cherokee Nation. We relate to the Oklahoma----2658    Senator Mullin. But you asked for recognition through2659Congress, right?2660    Mr. Barnes. That was how our process happened, yes, sir.2661    Senator Mullin. Do you believe the Lumbees are Natives?2662    Mr. Barnes. It is not what I believe, sir. I have no belief2663in the matter. My matter is in the OFA. I believe in the2664process. I believe that the OFA process exists whenever the----2665    Senator Mullin. But isn't there two ways to be recognized,2666right? Congress has the authority to recognize, right?2667    Mr. Barnes. I agree, yes.2668    Senator Mullin. Okay.2669    Chief Hicks, do you believe the Lumbees are Natives?2670    Mr. Hicks. I think there is potentially Native descent. It2671doesn't make them a tribe.2672    Senator Mullin. Why did North Carolina recognize them,2673then, in 1985?2674    Mr. Hicks. North Carolina, to my understanding, has2675different standards for the recognition. I am not sure today2676that the Lumbee could pass the standards that have been put in2677place by the State of North Carolina.2678    Senator Mullin. Did the Federal Government recognize them2679in 1956?2680    Mr. Hicks. To my understanding, and my conclusion of the26811956 Acts is, simply recognize the name of those who self-2682proclaimed Indian in a five-county area in eastern North2683Carolina.2684    Senator Mullin. Did the Federal Government recognize them2685as a tribe in 1956? That is my question.2686    Mr. Hicks. I don't believe so, not in my conclusion.2687    Senator Mullin. So do you believe there are two paths for2688recognition and Congress has a right to recognize them?2689    Mr. Hicks. I do agree with that, yes.2690    Senator Mullin. Now, you raise concerns that it was the2691cost, is that correct?2692    Mr. Hicks. Yes, that was part of my testimony.2693    Senator Mullin. So if it is the cost, should the Federal2694Government not recognize any more tribes coming in?2695    Mr. Hicks. That wasn't the point of the cost. I think it2696needs to be----2697    Senator Mullin. Well, it is, because when you are raising2698cost, you are raising the cost that it would be to recognize2699the Lumbee Tribe. Because I do believe they are Native. I have2700been accused of not being Native, and I always laugh, and I2701say, I can't control who my ancestors loved. But I still live2702on the same allotment of land where my family stopped walking.2703Because I am Cherokee, and I am proud to be Cherokee, and my2704family has been there since 1840. But yet I have been accused,2705because I may not look full Native.2706    And I have a problem when someone starts saying that, I2707actually take it a little personally. And Chief, there is2708actually a split between Cherokee Nation and the Eastern Band,2709would you agree?2710    Mr. Hicks. What is your question?2711    Senator Mullin. There was a split between Cherokee Nation2712and the Eastern Band. Cherokee Nation, my ancestors, we walked,2713and the Eastern Band stayed back. Correct?2714    Mr. Hicks. That is correct.2715    Senator Mullin. But you were federally recognized.2716Shouldn't you be recognized underneath Cherokee Nation at that2717point?2718    Mr. Hicks. I mean, if you look at----2719    Senator Mullin. Because we are all descendants, Cherokee2720Nation.2721    Mr. Hicks. Do I get to respond?2722    Senator Mullin. Sure.2723    Mr. Hicks. So, if you look at the history of recognition,2724obviously, the OFA was not established until 1978. The2725government stopped doing treaties in 1871. The Cherokees,2726without question, was an established government. If you look at2727the----2728    Senator Mullin. I know the history of the recognition. I2729get that. My point is that you are saying that the Lumbees,2730that they are or aren't descendants of the Eastern Band or2731Cherokee Nation, really, because Cherokee, so it would be your2732descendants of Cherokee Nation, in my opinion. But you are2733saying that they should be recognized because they should be2734part of you, but you should be part of Cherokee Nation.2735    It doesn't make any sense to me, because you are2736complaining about cost, you are complaining about their path to2737recognition. You are complaining that they may or may not be2738Native because they don't have the heritage behind it.2739    And I am saying, well, they were recognized in 1885. The2740cost shouldn't matter, because if that is the cost, we2741shouldn't allow any more tribes to come in, we should stop2742enrollment, because we have a Federal obligation as Congress, a2743treaty obligation, a Constitutional obligation to have2744oversight of the tribes.2745    We have the authority to be able to recognize tribes,2746without question. And it just seems like this argument2747continues to go through because of, my opinion, of the2748territory dispute. That is my opinion. Because you can't look2749over there and say they are not Native. I mean, turn around,2750look. And you are telling me they are not Native?2751    Mr. Hicks. I have seen the crowd.2752    Senator Mullin. Okay, and you are saying that that is not2753Native faces?2754    Mr. Hicks. That is not for me to determine. That is for the2755OFA process.2756    Senator Mullin. I know, but we are determining it.2757    Mr. Hicks. That is an OFA process.2758    Senator Mullin. And that is why I support recognizing them.2759Because my fight up here has been always for Native Americans.2760I was shocked, when I got up here, when I first got to2761Congress, it was just Tom Cole and I were the only Natives in2762Congress at the time. I am in the Senate, I am the only Native2763American in the Senate now.2764    And I hate when we fight among ourselves. Because we should2765all be in the same boat rowing the same direction. If we are2766Native, then we were wronged a long time ago by the United2767States. And we have been fighting for recognition for a long2768time.2769    And when we have in-house fighting, it causes Congress2770sometimes to have an impasse. I think you know that. This2771happens all the time. Lot of times it has to do with gaming.2772And all we are saying is, the Lumbees have a right to be2773recognized just like you have the right to be recognized.2774    Mr. Hicks. We don't disagree with that, as long as it is2775through the OFA process.2776    Senator Mullin. But if they have two options, why is it2777your opinion that they choose the one to go through Congress?2778    Mr. Hicks. Because that is why this department is2779established, is for evidence and----2780    Senator Mullin. But there is clearly two paths. And I2781appreciate the paths they took.2782    Chair, thank you for the extra time. Thank you for allowing2783me to go first. And for the record, that has already been2784established by Interior, they do support this process and they2785support the Lumbees becoming recognized. And I to also support2786the Lumbees being recognized.2787    The Chairman. Thank you, Senator Mullin.2788    Senator Schatz?2789    Senator Schatz. Thank you, Chair, and thank you to the2790testifiers.2791    Just a couple of thoughts before I ask Professor Locklear a2792couple of questions. I think it is really important to assume2793good faith here. What I have heard is a kind of concerning2794series of accusations about bad faith. And I am trying to go2795back to 1888 and imagine that the Lumbee people, whatever they2796were calling themselves, whatever language they were using at2797the time, say, you know what, why don't we pretend we are a2798Tribe and petition the Federal Government? If this is a2799conspiracy, it is a longstanding kind of odd, counterintuitive2800conspiracy.2801    The more likely explanation is what the Department of2802Interior said about 90 years ago, 100 years ago, when they2803explicitly said, we are not going to recognize this Tribe2804because the census is too large. Because we can't afford to2805absorb the cost of delivering services.2806    By the way, I think that is a valid concern for2807Congressional appropriators, right, if we are to recognize2808Lumbee, the rolls just increase, the total number of people in2809Indian Country went up, which means IHS, BIE, BIA and all those2810services are going to have to increase by the percentage that2811the rolls increase.2812    That is a real issue. It is just not a reason not to grant2813recognition.2814    The reason I am animated about this is that I don't know2815whether Native Hawaiians are ever going to come back to this2816Congress and seek recognition. But I remember, I was not here,2817but I remember when Danny Akaka, Chairman of this Committee,2818tried to get recognition. And the arguments were, do you know2819how many people that is? Do you know how much that is going to2820cost? And then, well, they are not Indians.2821    And so I don't take it as personally as Senator Mullin, but2822I do take it personally.2823    And I will just say one other thing. You can go through the2824administrative process or you can not. But the Constitution2825vests not just the Congress but this Committee with this2826authority.2827    So it may be that you think we should have gone, or these2828folks should have gone through the administrative process. Fair2829enough. But that is not a meaningful obstacle to consideration2830of Lumbee recognition.2831    Professor Locklear, I want to give you an opportunity to2832again, respectfully, rebut some of the claims made by opponents2833of this legislation. Three things: Lumbee has used different2834names for themselves; that they have no language; and that they2835do not descend from an historic tribe. Could you address those2836three assertions?2837    Ms. Locklear. With pleasure, Senator, and thank you for the2838question.2839    First of all, with regard to the name, and why it came2840about, the Lumbee children in 1884 were not able to go to2841school. Our children could not read or write. We were not2842allowed to attend either white or African American schools.2843    In 1885, our leaders sought recognition from the State of2844North Carolina for the purpose of establishing schools for our2845children. We prevailed, with the assistance of a Mr. McMillan2846in the House, who deemed himself to be an amateur historian at2847the time. Mr. McMillan chose the name Croatan for our people,2848but in his legislation, he did important things. He established2849a government-to-government relationship, he allowed the2850creation of an independent school system run by the tribe,2851limited to tribal children, and taught by members of the tribe.2852    To my knowledge, no other tribe in the United States can2853claim that history. So, beginning in 1885, we controlled our2854own school system until the 1970s, when a Federal district2855court ruled that the State of North Carolina must desegregate2856its school system.2857    We thought we were exempt from that, because after all, we2858are an Indian tribe. But the judge told our parents, you must2859bus your children, because this is a racial classification,2860because you are not federally recognized.2861    Senator Schatz. Okay, and to the language?2862    Ms. Locklear. Yes. There is no requirement in either2863Supreme Court or other Federal court authority or the2864acknowledgement regulations that our opponents so warmly2865embrace that require the presence of a language.2866    Senator Schatz. Yes, a lot of these things, it seems to me2867are, they are historical facts, and they are, they happened2868because of United States Federal Government policy. We lost2869language because of Federal policy. People lost a land base2870because of United States Federal Government policy.2871    And it is not surprising that the Department of Interior2872repeatedly rejected the claims of the Lumbee people, because2873the Department of Interior, the idea that we should accept the2874precedent of the Department of Interior from generations back2875when I think there is unanimous bipartisan agreement that the2876whole purpose of this Committee is to reverse all of those2877policies, termination and assimilation.2878    And to use that as a proof point against recognition I find2879to be not compelling.2880    Now, there are criteria that we are to use to determine2881whether or not to recognize Lumbee. But the idea that, well,2882DOI didn't do it in 1930, or they don't have their own2883language, well, there are, frankly, we work a fair amount on2884language revitalization, and there are a lot of tribes that2885have very few Native speakers left or none.2886    So none of this is disqualifying, because frankly, many,2887many Native people across the Country have experienced that.2888    I did not expect to get so exercised, but I appreciate your2889testimony.2890    Ms. Locklear. If I may?2891    Senator Schatz. With the Chair's permission.2892    The Chairman. Go ahead.2893    Ms. Locklear. Thank you. One final fact on the language2894point that I think is important. Vine Deloria, when he2895testified in 1988, made note of the fact that he had not only2896personal knowledge of the Lumbee Tribe but also family2897knowledge of the Lumbee Tribe, because his aunt, Ella Cara2898Deloria, had gone down to the community, who was a noted2899linguist, for the purpose of studying the remnants that2900remained of tribal languages. And she made note in 1940 that2901those remnants existed and her purpose was to establish a2902dictionary.2903    She did not complete that work because she was not able to2904get funding. They were not interested in our community, to do2905so.2906    The Chairman. Thank you, Vice Chairman.2907    Chief Hicks, I want to direct this to you, because you have2908made very clear that on behalf of the Eastern Band, that you2909think that the Lumbee should go through the Office of Federal2910Acknowledgement, through the administrative process rather than2911come for recognition through Congress. Maybe it is accurate2912that the administrative route is perhaps more costly, harder to2913do, subjective. Maybe we need to look at that in terms of2914whether greater oversight is needed there.2915    But as Senator Mullin has indicated, there are two tracks,2916two routes that you can proceed through for recognition. I2917almost find it curious that Federal recognition is ultimately2918about a political relationship between a sovereign tribe and a2919Federal Government. It just seems somewhat curious that we2920actually set up a process where that decision can be delegated2921entirely to administrative state.2922    But I am not going to ask you to resolve that question for2923me. What I want to turn to is in your written testimony, you2924claim that the Lumbee situation is uniquely beyond Congress'2925capacity to understand and evaluate. Can you explain why you2926feel it is unique in some ways, separate from other tribes that2927have gained recognition through Congress? Because again, we2928have this process, it has been repeatedly exercised in terms of2929its Constitutional authority to gain tribes.2930    So if you can cite to what you feel are some of the unique2931aspects as to why Congress should not be the avenue here.2932    Mr. Hicks. Thank you, Chairlady, for that question. I think2933if you look at the gaps that have been clearly identified by2934historians, by researchers, related to the history, these are2935aspects that I feel need expertise. They need genealogists.2936They need historians that do this on a daily basis.2937    Unfortunately, Congressional staff don't always have the2938expertise to really dig into the subject matter documents or2939the church records or court records, things of that nature, to2940really relate back to what is necessary as we feel to prove2941what you are saying is substantiation.2942    So again, I think as you look at that setup and that2943structure, OFA is better suited to make these determinations.2944    The Chairman. How do you respond then to Ms. Locklear's2945statement that she made early on that given the number of2946Congressional hearings here in the Senate, in the House, that2947this issue of Federal recognition that Lumbee is seeking has2948not established quite a voluminous Congressional record with2949which to be able to turn to?2950    Mr. Hicks. I truly believe that if the Lumbee group would2951go through the OFA process, they would get the answer that they2952are looking for, wherever that answer falls. As you think about2953it, this issue of well over a century old. And it continues to2954come back to the same conclusion: there are too many gaps in2955the genealogy, there are too many gaps in the history, there is2956no treaty relationships. Lumbee does not have a sister tribe in2957Oklahoma.2958    There are so many things here that need to be evaluated.2959That is the importance of why it needs to go through the OFA2960process.2961    The Chairman. Ms. Locklear, let me turn to you. You have2962testified that Congressional recognition is needed to correct2963what you have termed an injustice. Beyond that, you have some2964practical differences between recognition through Congress and2965recognition from the Federal acknowledgement process. You have2966the ability to take land into trust, particularly in the post-2967Carcieri world here.2968    Can you speak to some of these practical differences2969between the legislative and administrative recognition and2970whether you think those are drivers for this legislation?2971    Ms. Locklear. Absolutely, they are. Let me summarize with2972just a few points.2973    First of all, I think it is important to put this2974controversy in some general history. As the Special Indian2975Agent reported in 1915, in the O.M. McPherson report, there is2976a history of 300 years of hostility between the Cherokees to2977the west and the ancestors of the Lumbee people, including the2978Cheraw, the Hatteras, and related Siouan-speaking people. I2979think it is important to understand that context.2980    As to the other issue, so, as a practical matter, because2981of that, only Congress could resolve it forever. We have been2982at this for more than 100 years now. I guarantee you that were2983the tribe to go through the acknowledgement process and2984succeed, as I am confident we would, there would be a lawsuit2985filed by the Eastern Band of Cherokee to try and set that2986administrative agency decision aside.2987    That would not resolve it. There is only one way to finally2988resolve it, and that is through a conclusive act of Congress2989that extends full benefits and services.2990    As you also implied, there is a problem with the Carcieri2991issue, which relates to eligibility of newly-recognized tribes2992to receive land into trust and thereby we treat it like all2993other federally-recognized tribes. Because of that 2009 Supreme2994Court decision that we call Carcieri, the only way to resolve2995the eligibility of the Lumbee for that process is through an2996act of Congress. Only Congress can clearly indicate that it2997considers the 1934 date to be insignificant, and whatever may2998arise out of the Carcieri decision, notwithstanding those2999terms, the tribe is nonetheless eligible for the land-into-3000trust process.3001    Finally, if there is going to be a special addressing of3002the cost factor, we don't think it is necessary, which I am3003happy to expand on, but only Congress can do that as well.3004Congress is the one who appropriate the money, and if there3005needs to be more money for the Lumbee services, Congress can do3006that.3007    We think the existing processes for appropriations will3008protect the presently-recognized tribes. Both the BIA and IHS3009processes provide that only through the appropriation of3010additional funding that pays for those services will the Lumbee3011members receive those services at the end of the day. So3012federally-recognized tribes now are protected.3013    That being the case, if they believe there should be an3014increase in Federal funding for the IHS and the BIA, again,3015that is a political decision to be made by the Congress. So we3016think for all of those factors, one final one, if I may.3017    Only one other time in history has the Congress put an3018Indian tribe in the same position that it put the Lumbee Tribe3019in 1956. And that was with the Ysleta del Sur Pueblo of Texas.3020Congress passed a statute in 1968 for that tribe, which was at3021the time federally recognized, which basically said, we3022transfer any responsibility we have for this tribe to the State3023of Texas, and we are going to impose termination language upon3024the tribe.3025    In the legislative history of that act, it specifically3026says that 1968 Act, which then referred to the Natives as Tiwas3027of Texas, was modeled upon the 1956 Lumbee Act, the only other3028time Congress has done that. And Congress fixed that problem in30291987, by passing legislation to recognize fully the Ysleta del3030Sur Pueblo of Texas.3031    Now, if Congress does the same for us, there are no other3032tribes in that position. And that is what makes it fair and3033just, as well as the only appropriate and fully dispositive way3034to finally and conclusively resolve these issues.3035    The Chairman. Senator Cortez Masto?30363037           STATEMENT OF HON. CATHERINE CORTEZ MASTO,3038                    U.S. SENATOR FROM NEVADA30393040    Senator Cortez Masto. Thank you. I appreciate the comments3041from everyone, and the uniqueness of the hearing today.3042    Ms. Locklear, let me ask you this. There are two ways to3043process, ways to get this recognition, we have talked about3044that. One is through Congress, you have talked about that.3045    Ms. Locklear. Yes.3046    Senator Cortez Masto. And then the other is through the DOI3047and the Office of Federal Acknowledgement.3048    Am I hearing today that we should eliminate the Office of3049Federal Acknowledgement and just rely on Congress to do this in3050the future?3051    Ms. Locklear. Not at all.3052    Senator Cortez Masto. So do you have any concerns with the3053Office of Federal Acknowledgement and how the process plays3054out?3055    Ms. Locklear. Historically, we have. And we have expressed3056those, along with other non-federally-recognized tribes in3057various forums.3058    Senator Cortez Masto. I am saying now, right now. Not3059historically, now. We are here now, and we need to address3060this. Are there any concerns that you have with the office3061right now?3062    Ms. Locklear. It has greatly improved as a result of the3063changed regulations in 2015.3064    Senator Cortez Masto. Okay, so can I just say, Chairman3065Lowery, what is to stop you? It sounds like you have the3066support of the administration, you have the support of DOI.3067What is to stop you from going through that process now and3068getting what you are seeking, to go through an evidence-based3069process to address some of the concerns that we have heard from3070the other tribe?3071    Mr. Lowery. Yes, ma'am. Although there have been changes to3072the BIA process, we still do not know if it is going to take307320, 30 years just like it already does. I don't want my people3074waiting another 30 years to go through the process. And then3075once there has been a rendering done by BIA, there will be3076opponents who can thing bring forth a lawsuit.3077    And I have no doubt that Eastern Band of Cherokee 30 years3078from now would bring forth a lawsuit that would take us into3079another 10 to 20 years. And then 50 years from now, my grandson3080will be sitting here doing the same thing.3081    Senator Cortez Masto. So the concern is that there would be3082a lawsuit to any decision that was made by OFA?3083    Mr. Lowery. Absolutely. And the concern is how many decades3084is it going to take. So I think Congress really needs to take a3085look at the BIA process. I don't know any other government3086program that takes 20 to 30 years to come to a conclusion.3087    Senator Cortez Masto. Ms. Locklear, let me ask you, does3088the process, is that part of the problem, do we need to look at3089the OFA and say, this process is taking 30 years, that is too3090long? Do we need to address this in Congress?3091    Ms. Locklear. Frankly, that may be the case, Senator.3092    Senator Cortez Masto. Is that true?3093    Ms. Locklear. At this point, we don't have enough3094experience with how the new regulations will be administered to3095give a full answer to that question.3096    Senator Cortez Masto. So there are new regulations now that3097the tribe has not gone through, so you don't know how long it3098would take, is that right?3099    Ms. Locklear. That is correct.3100    Senator Cortez Masto. So let me ask you both, Chief Hicks3101and Chief Barnes, you talked about this. Let me just say, I3102understand the two ways to do this. One is through Congress,3103you have to get the votes, through the members of Congress. No3104guarantee you are going to get that.3105    But there is also an evidence-based approach. I am not in a3106position to look out into the audience and, like some of my3107colleagues, to say who is a member and who isn't. Just like I3108am not in a position, and I don't think I should be looking out3109in my community and saying, just because you have brown skin,3110you are undocumented.3111    So there has to be an evidence-based approach. That is why3112it was created in Congress. But if it is not working, I would3113want to know. Because that is not fair. But we need to hear3114that conversation. So let me ask both Chief Barnes, as well as3115Chief Hicks, talk to me about this evidence-based approach, and3116why it is so important that the administration have a process3117like this.3118    Mr. Barnes. If I may, Senator, and thank you for that3119question. I will give you an example of one that did take a3120considerably shorter time, Little Shell Tribe. Little Shell was3121denied at OFA, and then they went through Congressional3122process.3123    Indian Country decried that and said, no, you got this one3124wrong. The Chippewas came together and said, no, you got this3125one wrong, this one is a tribal nation, and historically,3126because of a technicality on Little Shell, Little Shell is a3127tribal nation.3128    So this is one of those instances where the OFA process,3129even though it is flawed, and I don't know of any Federal3130institution that is perfect at this time, even though the OFA3131is not perfect, it still yielded some results on behalf of3132Little Shell, which ultimately did tribal nations come together3133and say, on their behalf, look at the evidence. And this3134technicality should not keep Little Shell from being a tribe.3135    All we ask is they follow the same path as Little Shell. Go3136through the OFA process.3137    Senator Cortez Masto. Okay. Chief Hicks, anything else to3138add to the process?3139    Mr. Hicks. Yes, I do feel, as I responded earlier, is that3140the OFA is without question, uniquely equipped to critically3141evaluate all the related criteria. And there are several3142criteria that come into play, based on the claims. Having3143skilled, highly-skilled and professionally experienced folks to3144do that I think is critical.3145    But I do want to just respond to the other question around3146the OFA process. We have supported, openly supported, the3147expedited approach for this group to go through this process.3148And in more than one scenario.3149    And we still feel that there is an opportunity to not3150extend this 20 or 30 years, that it is something well short of3151that, to do this evaluation properly and to get the answer that3152is being sought in a timely manner.3153    And again, publicly, we support that. And we think that it3154is a good decision.3155    Senator Cortez Masto. So you would support, if they were to3156go through that process, you would work with them to say, this3157needs to be expedited by the administration, we want something3158in a timely fashion?3159    Mr. Hicks. Without question.3160    Senator Cortez Masto. Let me stop there. I know my time is3161up. Madam Chairwoman, thank you.3162    The Chairman. Thank you, Senator.3163    I just have a couple more questions here this afternoon. I3164will probably direct this to you, Chairman Lowery.3165    It is pretty clear that a tribe's authority to basically3166determine to define its membership is really central to its3167existence as an independent political community. The3168legislation that Senator Tillis has introduced directs the3169Secretary of Interior to verify the Lumbee Tribe's roll for3170service delivery purposes.3171    The verification is limited to confirming documentary proof3172that members meet the criteria established in the Tribe's3173constitution that was adopted November of 2001.3174    So a couple of questions for you this afternoon. Right now,3175as it stands, what is required for enrollment in the Lumbee3176Tribe?3177    Mr. Lowery. Yes, ma'am, thank you for the question,3178Senator. We have a base roll, we have a couple of base rolls.3179One is the 1900 census and one is the 1910 census. The reason3180those are our base rolls is because this is the first time that3181the Federal Government, in the standard census process,3182actually identified American Indians.3183    So you have to be able to trace your lineage directly back3184to the 1900 or the 1910 census. If you do not have an ancestor3185that was documented by a Federal census as an American Indian,3186you cannot be a member of our tribe.3187    Also, you have to maintain contact. We are very big on, if3188you do not live at home, you have to come back home. You have3189to come back to the homelands.3190    The Chairman. What does that mean, when you say maintain3191contact? Come back for like an annual meeting, or what3192specifically?3193    Mr. Lowery. Well, we have it where you have to come back3194every seven to eight years. So you have to come back, you have3195to visit, you have to maintain a relationship with your people.3196You cannot become, you cannot go and get your citizenship and3197then leave out and never come back home. We require our3198citizens to come back and to maintain contact with their tribal3199community.3200    The Chairman. And at this moment, how many do you currently3201have enrolled?3202    Mr. Lowery. We have just over 60,000 enrolled citizens of3203Lumbee Tribe of North Carolina.3204    The Chairman. And then the source documents for enrollment3205are the two that you have just described?3206    Mr. Lowery. Yes, ma'am.3207    The Chairman. You have to be able to trace back to just3208those two?3209    Mr. Lowery. Yes, ma'am.3210    The Chairman. Okay. And then this one is probably directed3211to you, Ms. Locklear. There has been a fair amount of3212discussion today about the various names over the course of a3213century. It wasn't until later that the Lumbee officially3214adopted their name.3215    Because the point has been kind of disputed by witnesses3216today, and made a little bit of an issue, can you state for the3217Committee record today which historical tribe or tribes the3218Lumbee Tribe descends from?3219    Ms. Locklear. I can, and I can do so based on the record3220that has been developed by this Committee. There are two3221principal sources for that, the O.M. McPherson report from32221915, which identifies the ancestry of the tribe as the Coastal3223North Carolina Tribes, Siouan-speaking related tribes,3224including the Cheraw, the Hatteras and others.3225    In addition, you had the testimony of John Swanton, the3226preeminent anthropologist in the field, in 1934, who testified3227that in his view, the tribe descended principally from the3228Cheraw and related Siouan-speaking tribes. That has been the3229consistent theory.3230    As a result of that theory, the Lumbee people became3231dissatisfied with the name that the State of North Carolina had3232imposed upon them in the various State laws that recognized the3233tribe, first Croatan, then Indians of Robeson County, and then3234Cherokees of Robeson County.3235    As a result of that pressure from the Lumbee Tribe, in 19523236the State of North Carolina conducted a referendum among our3237member and said, which name do you choose to go by? And we3238overwhelmingly, almost unanimously chose the name Lumbee, which3239as I indicated earlier, we had used informally since at least3240the 1920s.3241    That is important too, though, because it shows the link3242between the current Lumbee Tribe and the Cheraw community. The3243Lumbee Tribe resides around Lumber River. Lumber River was3244named that in 1809 by the State of North Carolina. Previously,3245it was known as Drowning Creek. And the first reported map of3246the area, in 1724, by John Herbert, identifies the Cheraw3247residing around Drowning Creek.3248    We have been there ever since. It is the same community,3249regardless of the name.3250    Let me say in one final point, that again, the3251administrative process that our opponents so embrace,3252specifically provides that if there is an entity, a collective3253entity that has existed for at least 50 years, which is plainly3254the case at Lumbee, since 1885 and the school records and the3255Federal census records that show it, that entity can be3256recognized, and I am quoting here, ``notwithstanding any3257absence of or changes in name.''3258    It is not the name. It is the Indian people that you are3259recognizing.3260    The Chairman. Final question I will direct to you, Chief3261Hicks. The issue of cost has also been raised here at this3262hearing today. You noted that estimates from CBO are a little3263bit all over the board, may not be entirely accurate here.3264    Can you clarify for the Committee what factors you think3265might be contributing to these differing cost estimates? I3266agree with my colleague from Oklahoma that, while cost should3267not influence a level of recognition of tribal status, it is3268something that, I am dual-hatted, I am not only chairman of the3269authorizing committee, I am also chairman of the appropriating3270committee. So I can't help but want to try to understand some3271of the financial implications of this.3272    Can you, if you are able, try to clarify a little bit about3273why we got such a broad range of estimates that are out there?3274    Mr. Hicks. I think, as was brought up by both Senators3275around that question, we have had a third party take a look at3276the prior CBO score. One of the things that was flawed in that3277score was typically CBO does a five-year financial score. In3278that particular scenario, they only included four years for3279some reason.3280    In addition to, we are fairly certain that all of the3281Federal agencies, whether it is IHS, whether it is BIA, BIE,3282amongst others, were not adequately included in that number.3283Because if you go back to the prior two CBO scores, one of3284those was close to double in years prior to this prior CBO3285score. I think it was around 21, 22, what I have in my notes.3286    But again, we think there were flaws in that particular3287score. The estimates that we think over a five-year period is3288probably in the range of $2 billion to $2.3 billion, over a3289five-year period, if all agencies are included.3290    The Chairman. Thank you.3291    Senator Schatz?3292    Senator Schatz. Thanks to everybody for testifying. I just3293want to make one final point.3294    I know we have kind of gone around and around on this. But3295I think I speak for every member of the Senate on this3296particular question. You can think we should defer to the3297administration, but we don't have to. Article 1, Section 1 of3298the Constitution gives us this authority.3299    Now, there is a statute that also delegates this authority3300to the administration. But it does not require that recognition3301go through an administrative process. You can think we are3302unwise for not kicking it to the administration. But you cannot3303say that we are not permitted to recognize a Tribe. That is a3304Constitutional obligation and authority of the Congress, but3305specifically the Senate Committee on Indian Affairs.3306    So if you want to make the argument that we need to build a3307historical record and that you trust this agency within an3308agency more than you trust us, that is fine. That is fair. But3309this is still our authority. And we clearly intend to exercise3310it.3311    Senator Cortez Masto. Madam Chair, can I respond to that,3312as a member of the Senate?3313    The Chairman. Yes, go ahead.3314    Senator Cortez Masto. I am sorry, but I did not hear3315anybody saying that we don't have that authority. I think it3316was very clear that people recognize there is a dual track3317here. And the question is, Lumbee has chosen one path, and they3318are asking us as members of Congress to support that path.3319    And there is another side that is saying, no, there is an3320evidence-based path. That is what is before us. I did not hear3321from anybody, nor have I heard that somehow they are preventing3322us as members of Congress from doing our jobs.3323    So I do, as a member, I don't want you speaking for me, I3324do recognize both sides of that.3325    Senator Schatz. Senator Cortez Masto, I don't think anybody3326said that directly today. But I will say that some of the3327organizations that have been steadfastly opposed to Lumbee3328recognition have actually made advertisements about3329circumventing the administrative process and undermining the3330Tribal recognition process by going to Congress.3331    So that is what I was speaking to. I know it was sort of3332obliquely referred to, and you were suggesting that we were3333going to, of that it would be better if we go through the3334administrative process. My own view is that this is a3335Congressional authority, that the DOI has screwed this up for3336generation after generation, and that is time for us to make a3337choice.3338    The Chairman. I want to thank the members of the Committee.3339I want to thank those who have come to testify today. I3340appreciate your helping us continue to build out this record.3341    Members may submit additional questions for the record, if3342they choose. The hearing record will be kept open for two more3343weeks.3344    I also want to thank those who have attended. We are a3345pretty small committee on most days. And we don't have to go3346into a big committee room like this. But I think those who have3347joined today are evidence of the interest in this as an issue3348and I think your presence is important to us as well.3349    Know that this Committee takes very seriously, as the Vice3350Chairman has said, our role and our responsibility when it3351comes to Federal recognition of our tribes, and ensuring that3352the sovereignty that they have is recognized Congress, by the3353administration and the responsibilities that we have.3354    I want to thank everyone for the testimony that you have3355presented in a way that I think has been respectful, which is3356very important to the debate, the dialogue, the discussion.3357Because I know that it can be contentious. And I know that3358oftentimes, issues like these pit neighbor-to-neighbor,3359community against community. And that is hard, and particularly3360when you have been living with it for decades, if not over a3361century.3362    So, I respect the way that you have come to be before the3363Senate Committee on Indian Affairs today, and your3364contributions.3365    With that, the Committee stands adjourned.3366    [Whereupon, at 3:58 p.m., the hearing was adjourned.]33673368                            A P P E N D I X33693370              Prepared Statement of Dr. Frederick E. Hoxie3371    Good afternoon Chairwoman Murkowski, Vice Chairman Schatz and3372members of the Committee on Indian Affairs. This statement is made not3373as an expert in Lumbee history, but as a veteran historian who has3374taught and written about Federal Indian law and policy for more than3375four decades and who, through that activity, has had the opportunity to3376work with and consult for a number of tribal nations, government3377agencies and cultural institutions.3378    Among these are the Cheyenne River Sioux Tribe, the U.S. Department3379of Justice, this very Committee, and the Smithsonian Institution. I3380retired in 2016 from the University of Illinois, Urbana-Champaign,3381where I was Swanlund Professor of History, Law and American Indian3382Studies. That wordy academic title underscores the breadth of my3383background and experience. Over the past forty years I have taught3384hundreds of undergraduates, law students and graduate students in3385history, anthropology, and Native Studies, while publishing a dozen3386books on Native History, and serving as a consultant to several3387government agencies as well as tribes engaged in litigation over issues3388of jurisdiction and treaty interpretation.3389    In 1990, the Secretary of the Smithsonian Institution appointed me3390a founding trustee of the National Museum of the American Indian--an3391institution that existed only on paper when I first came aboard. In33922013 I was elected to the American Academy of Arts and Sciences. My3393statement is informed by the specific research done on the Lumbee3394Tribe's history and community by other notable experts in the field, in3395particular that of Dr. Jack Campisi (author of the Lumbee Tribe's3396petition for Federal acknowledgment), Dr. Karen Blue (author of the3397Smithsonian Handbook of North American Indians chapter on the Lumbee3398Tribe), Dr. Raymond Fogelson (deceased, editor of South East Volume,3399Smithsonian Handbook of North American Indians), and the eminent Dr.3400William Sturtevant (deceased, general editor of the Smithsonian3401Handbook of North American Indians).3402    I ask you to consider three important aspects of the decision3403before you with regard to this legislation. First, I want to explain3404the importance and significance of extending Federal recognition to the3405Lumbee Tribe. When Congress approves the Lumbee Fairness Act it will3406finally place relations between this tribe and the United States on a3407firm and fair footing. That is admirable and important--and long3408overdue--but that is only part of the story. By approving S. 1073409Congress will also be fulfilling once again its unique responsibility3410as the architect of the modern legal edifice that reconciles Native3411tribes and American democracy.3412    Second, I want to underscore the significance of the written case3413the Lumbees have developed in their campaign to secure Federal3414recognition, a case that conforms to the scholarly literature on the3415tribe and which is beyond dispute in the academic community.3416    And third, I want to place the decision to recognize the Lumbee3417Tribe in the broader context of recent Federal Indian policy--a policy,3418I might add, that represents an island of bipartisanship in a3419contentious political world.3420    It is important to understand why the passage of S. 107 is3421significant in the long history of Federal Indian policy. The basic3422foundation of this policy was framed in 1789 during the first session3423of the first U.S. Congress. In that year--the first year of George3424Washington's presidency--it was not clear what the official basis for3425relations between indigenous people and the United States would be. The3426recently-ratified Federal Constitution had provided that Congress would3427``regulate commerce with foreign nations, and among the several states,3428and with the Indian tribes,'' but it had not indicated the form that3429regulation would take. Similarly, the new charter had granted the3430President the right to ``make treaties'' but had not specified if the3431colonial tradition of Indian treaty-making would continue or, if that3432tradition would be a Federal responsibility or somehow shared with the3433states. The Constitution was also silent on the issue of whether or not3434future Indian treaties would have the same status as agreements with3435powers outside the nation's borders.3436    President Washington and Congress immediately addressed these3437issues by proposing that a series of agreements recently reached with a3438group of hostile Ohio tribes be ratified as international treaties. For3439Washington, it was essential that the central government sanction and3440guarantee these agreements. Washington understood that the delicate3441situation in Ohio (British troops still occupied Detroit) required the3442formation of a stable alliance between western Indians and the3443Americans.3444    At the same time, the President knew that local politicians and3445real estate developers were eager to destabilize the situation in Ohio3446by making private deals with compliant chiefs and then encouraging3447settlers to invade tribal lands. A weak Federal presence would3448encourage instability (and weakness) on our borders while allowing3449local disputes to proliferate and increase the chances of violence.3450    Washington and his Secretary of War, Henry Knox, urged Congress to3451assert Federal supremacy over Indian treaty-making and to insist that3452action by the Congress alone would determine U.S. Indian policy. The3453President insisted that such an approach would ensure that ``our3454national proceedings. . . [would] become uniform and directed by fixed3455and stable principles.'' \1\ It seemed to Washington that our3456government would be well served by a ``fixed and stable'' policy3457overseen by Congress. Washington was a practical man, so ``fixed3458principles'' appealed to his sense of order. But Washington was also3459the hero of the Revolution, the leader of the world's first, most3460ambitious constitutional democracy. So he urged Congress to act3461according to ``fixed principles'' in order to make clear that our3462democratic republic would be a place where stable justice trumped3463opportunism and the rule of law took precedence over the arbitrary3464exercise of brute power. ``The time has arrived,'' Henry Knox wrote,3465``when it is highly expedient that a liberal system of justice should3466be adopted for the various Indian tribes within the limits of the3467United States.'' \2\ These arguments galvanized Congress. Within a3468year, it had enacted Washington and Knox's program, ratifying treaties3469with tribes, initiating new agreements, and passing the first Trade and3470Intercourse Acts which established Federal ground rules for Indian-3471white relations throughout the nation.3472---------------------------------------------------------------------------3473    \1\ Linda Grant Depauw, Editor, Senate Executive Journal and3474Related Documents (Baltimore: John Hopkins Press, 1974), I, p.41.3475    \2\ American State Papers: Indian Affairs, 13-14.3476---------------------------------------------------------------------------3477    Today it is commonplace that many treaties have been violated and3478many Federal actions have been misguided or fallen short of their3479goals. No one argues that U.S. policy has been perfect. But as we3480reflect on our failings, we should not forget the significance of the3481actions Congress took more than 230 years ago. Through its legislation,3482Congress made clear that despite the fact that Indian people were for3483the most part not citizens and had not been part of ``We the People,''3484who established the United States Constitution, they would be included3485within the new nation's emerging legal structure. Our legal structures3486would not banish or consign them to the machinations of powerful land3487speculators or ambitious state politicians.3488    Congress's decision to include Indian peoples in our national3489governmental structure through Federal legislation was made to ensure3490that indigenous people would be served, like all Americans, by a3491``liberal system of justice.'' This fundamental commitment underlies3492the entire history of our Indian policy. It is the principle that has3493caused Congress and the courts to hear complaints arising from treaty3494violations and, indeed, to authorize special tribunals to hear disputes3495over unfair land seizures or to investigate a vast array of contentious3496issues arising from relations between Native communities and their3497American neighbors. It is also the basis on which Congress has acted to3498repair the harm inflicted on Native groups by U.S. expansion and to3499support tribal communities. You will recall that even the extension of3500national citizenship to American Indians in 1924 provided that their3501new status would not deprive Native Americans of any rights they had to3502``tribal or other property.'' \3\ ``Fixed principles,'' and a ``liberal3503system of justice'' have therefore been watchwords of Federal policy3504from the days of our founding.3505---------------------------------------------------------------------------3506    \3\ 43 U.S. Statutes, 253.3507---------------------------------------------------------------------------3508    Formal treaty making with Indian tribes ended in 1871, but the3509Congress has not retreated from its central role in insuring that a3510``liberal system of justice'' informs relations between tribes and the3511United States. The issue of recognition offers an instance in which you3512as legislators must act--as Washington urged your predecessors to act--3513to link the Lumbee Tribe permanently to the United States through a3514legal relationship based on mutual respect and Federal action. This3515recognition legislation is completely congruent with the hundreds of3516other decisions Congress has made over the past two centuries to3517connect the United States to indigenous peoples by incorporating them3518into a stable and just governmental structure.3519    Historically, recognition has been an idiosyncratic process. Tribes3520such as those confronting American expansion in Ohio in 1789 were3521instantly recognized by treaty or statute. Others, particularly smaller3522groups living in isolated communities in the East, were frequently3523bypassed and ignored. Many of those tribes later sought recognition3524because that legal status would be a sign of their humanity and an act3525of respect. Recognition was also welcome because it signaled that3526federal power would be used to protect them from hostile outsiders and3527ensure that they, like their neighbors, could enjoy life in America3528under a ``liberal system of justice.''3529    By approving S. 107, the Congress will not only respond to more3530than a century of formal petitions from the Lumbee Tribe, but it will3531demonstrate once again that the United States is fulfilling3532Washington's charge that the nation act according to ``fixed and stable3533principles'' in its dealings with indigenous people.3534    I would also like to point out that the Lumbee's written petitions3535filed over many years demonstrate that the tribe deserves this3536congressional action that will formally connect it to the United States3537and incorporate the tribe within the legal structure of Federal Indian3538policy. This is firmly corroborated by the history written by Dr. Jack3539Campisi appearing in the Tribe's petition for Federal acknowledgment3540and the consistent and supportive view of other historians and3541anthropologists. Dr. Campisi makes clear that Indian people, identified3542early on as Cheraw, were present in what became Robeson County three3543centuries ago. Moreover, despite the fact that the Tribe's indigenous3544ancestors have been described by different names, there can be no doubt3545that an Indian community has occupied this part of eastern North3546Carolina continuously since John Herbert produced his map of the area3547in 1725. The group has been undeniably present.3548    It has also been continuously present. Lumbee families can trace3549their histories back to the Indians who lived along Drowning Creek at3550the time of the American Revolution. The Lumbee Tribe has insisted on3551its Native identity in the face of hostility and indifference,3552petitioning when possible, rising up in armed resistance when3553necessary, and always speaking with a Native voice and as members of an3554ongoing Native entity.3555    The Tribe's recognition petitions and Dr. Campisi's history also3556underscore that the Lumbees have been a self-governing community.3557Obviously, because of the nature of their history they were never3558called upon, like other tribes, to confront an advancing American3559military column or treaty delegation. They were not commanded to3560produce ``leaders'' as other groups were. Located in an isolated part3561of one of the original thirteen colonies, the Lumbees faced myriad3562local adversaries who encroached on their lands and resources but who3563could be kept at bay by diplomacy, adaptation and, when necessary,3564tactical retreat. Over the past two centuries, the community came to3565organize its own extensive religious institutions, operate its own3566school system (capped by the first Native American university in the3567United States), and routinely represent itself before state and federal3568legislatures.3569    Dr. Campisi's research on behalf of Lumbee recognition in the 1980s3570and his history presented here have not been challenged. A large group3571of Indians are permanent residents of Robeson County. They have been a3572cohesive community for centuries and they have developed a series of3573unique tribal institutions that have served their membership3574brilliantly despite the constraints imposed by their unusual historical3575experience. That history, as well as the petitions they have brought3576the Congress today, present legislators with the task of reconciling3577this indigenous community with our modern, democratic nation state. The3578historical record is both clear and beyond reasonable dispute. Congress3579has no honorable alternative but to act in response. The Lumbees'3580petitions might be ignored--no one is forcing you to act--but even if3581you fail to act positively on this legislation, the Lumbee history will3582not be rewritten and the Lumbee Tribe will not surrender its identity.3583    It is also useful to consider S. 107 in the context of the history3584of tribal recognition. In the past, the recognition of individual3585tribes was a product of happenstance--tribes with diplomatic or3586military dealings with the United States (usually in moments of3587conflict) got ``recognized,'' while others who did not become the3588objects of territorial expansion--such as those who were geographically3589isolated (as in Alaska) or who inhabited isolated enclaves in3590``settled'' areas--did not. Over time, these unrecognized groups,3591particularly large ones like the Lumbees, became increasingly vocal,3592demanding equal access to Federal assistance in the areas of education,3593economic development and health care, as well as Federal protection3594from hostile outsiders. The Lumbees gained state recognition in 18853595and began petitioning the Federal government for assistance three years3596later. These petitions continued into the 1950s when first the state,3597and then the Federal government acknowledged the Tribe under the name3598``Lumbees,'' even though the Department of Interior opposed extending3599services to it.3600    Nothing has changed in the historical record of the Tribe over the3601past fifty years. The current legislation is not prompted by the3602release of new documents or the discovery of new historical3603information.3604    S. 107 is instead the product of Lumbee persistence--now a central3605feature of their history--and shifting attitudes among the public and3606Federal policymakers. As recently as the 1960s, tribes were viewed as3607artifacts of the past, relics of a traditional way of life that would3608soon disappear. For many in the Department of the Interior, tribes were3609anachronistic institutions whose principal function was to receive3610wasteful federal appropriations. In the 1950s, many politicians and3611prominent officials in the Bureau of Indian Affairs came to embrace3612this unfortunate idea and called for the adoption of a new policy goal:3613the termination of the Federal government's relationship with tribes.3614Led by Commissioner of Indian Affairs Dillon S. Meyer, and politicians3615such as Utah Senator Arthur Watkins, the terminationists succeeded in3616the 1950s and 1960s in winning passage of a congressional resolution3617endorsing their goal. They also managed to secure legislation that3618severed the Federal government's relationship with several tribes, most3619prominently the Menominees of Wisconsin and the Klamath Tribe in3620Oregon. This policy also found voice in the 1956 Lumbee Act with its3621termination language, added at the request of the Department of the3622Interior.3623    Opposition to termination arose quickly. Tribal leaders called to3624arms by the leaders of the National Congress of American Indians (NCAI)3625were particularly outspoken. They argued that the new policy goal3626represented a betrayal of the United States' commitment to the3627``settled principles'' that had been the stated basis for federal3628policy since 1789. The most effective protests occurred at3629unprecedented inter-tribal gatherings in Washington, D.C. in 1954 and3630in Chicago in 1961. Never before had so many tribal leaders gathered to3631express themselves with one voice. As these protests proliferated, they3632inspired the leaders of major tribes and the representatives of3633unrecognized groups, to speak out. Among the latter were Lacey Maynor3634of the Lumbees, and his daughter, Helen Schierbeck, both of whom became3635leading opponents of termination.3636    While tribal protests blunted the momentum of termination during3637the 1950s and 1960s, that policy goal was not entirely abandoned until36381970 when President Richard Nixon issued a ``Special Message on Indian3639Affairs'' that called on Congress to ``break decisively with the past''3640by adopting a policy of ``self-determination'' rooted in what the3641President described as the ``solemn obligations which have been entered3642into by the United States . . . [and] which carry immense moral and3643legal force.'' Nixon's statement reflected a bipartisan commitment to3644this new approach. His ``Special Message'' stated flatly that3645termination was wrong and could not succeed. By focusing on ``self-3646determination,'' Nixon declared, the United States would now turn3647``from the question of whether the Federal government has a3648responsibility to Indians to the question of how that responsibility3649can best be fulfilled.'' \4\3650---------------------------------------------------------------------------3651    \4\ Public Papers of the Presidents of the United States: Richard3652Nixon, 1970, 564-7; 575-6.3653---------------------------------------------------------------------------3654    Historians are often the first to point out that major ``turning3655points'' are often little more than midpoints between other ``turning3656points,'' but Nixon's 1970 declaration--which itself drew wide,3657bipartisan support--marked the start of a period in which there was a3658broad consensus that fulfilling the ``solemn obligations'' of the3659United States to Native peoples should be carried out through policies3660that were respectful of tribal traditions, supportive of tribal3661governments, and sensitive to the vast diversity among Native tribes.3662After 1970, tribes would no longer be viewed as inconvenient3663anachronisms, but would become active partners in the administration of3664Federal policy. Remarkably, despite political differences that have3665continued over funding levels, the extent to which federal officials3666should impose themselves in local conflicts, and how far the powers of3667tribal governments might reach, there has been little dissent from the3668idea that tribal governments should be central partners in the3669administration of Federal policy, or from the expectation that tribes3670will be permanent features of the governmental landscape. Tribes are3671essential institutions in Indian education, health care, economic3672development, social welfare and resource management. As Nixon3673predicted, Federal agencies no longer debate whether to work in3674partnership with tribes, but how to do so.3675    Lumbee recognition should be understood in the context of this3676history of recent policy. The Lumbee Tribe seeks to link itself to the3677United States through the ``settled principles'' of law and mutual3678respect. The historical record provides a justification for this3679linkage that is both persuasive and widely-accepted within the3680scholarly community. And despite the deep political divisions of our3681time, effective tribal governments are universally recognized as key to3682the implementation of federal policy and the future of indigenous3683peoples within the United States. This context makes a compelling case3684for positive action on S. 107.3685                                 ______36863687Prepared Statement of Hon. Jim Owle, Chairman, Eastern Band of Cherokee3688                         Indians Tribal Council3689    Chairman Murkowski, Vice Chair Schatz, and Members of the3690Committee:3691    On behalf of the Eastern Band of Cherokee Indians (Eastern Band), I3692want to thank the Committee for holding a serious discussion on federal3693recognition and for allowing the presentation of historical and3694documentary evidence regarding the Lumbee group. I also want to3695acknowledge the excellent testimony provided by Principal Chief Michell3696Hicks, whose clear presentation of the issues reflects the gravity with3697which the Eastern Band approaches this matter. I add my voice today in3698full support of his testimony and to further underscore the principles3699that guide our position.3700    For too long, this debate has been driven by political narratives,3701assumptions about appearance, and misunderstandings about Cherokee3702history--when what Indian Country deserves is clarity, accuracy, and3703respect for tribal sovereignty.3704    The Eastern Band of Cherokee Indians is one of the three federally3705recognized Cherokee tribes, with a continuous documented history, a3706land base, a government, and a treaty relationship with the United3707States. I offer this testimony to reinforce the record and to ensure3708that the Committee's understanding of our history and our concerns is3709complete and firmly grounded in fact.3710The Eastern Band's Responsibility in This Discussion3711    During the hearing, there were suggestions--implicitly and3712explicitly--that the Eastern Band is somehow obstructing recognition or3713casting ourselves as the antagonist in this debate. That portrayal is3714simply false.3715    Our position is rooted in a principle every tribe depends on:3716Federal recognition must be based on evidence.3717    The Eastern Band welcomes any group that can demonstrate, through3718the same standards applied to every other tribe, that it meets the3719criteria for federal acknowledgment. We do not oppose communities. We3720oppose lowering the standards that protect all of Indian Country.3721    The record concerning the Lumbee is not ambiguous. The historical,3722genealogical, and governmental documentation has been reviewed for3723decades, and where evidence is required, the Lumbee claims are3724inconsistent, unsupported, or directly contradicted.3725    Federal recognition is not an act of generosity. It is not a3726political favor. It is one of the most significant legal determinations3727the United States can make. Every tribal nation's sovereignty depends3728on the integrity of that determination.3729    That is why the Eastern Band speaks--not in rivalry or animosity,3730but in defense of a process that protects every tribal nation.3731Cherokee History and the Status of the Eastern Band3732    Several comments during the hearing mischaracterized Cherokee3733history and the relationship between our tribal nations. The Eastern3734Band and the Cherokee Nation share ancestors, but we are distinct,3735sovereign governments with separate and well-documented histories.3736    The Eastern Band did not break away from the Cherokee Nation. Our3737ancestors remained in, returned to, or fought to stay in our homelands3738after the Treaty of New Echota and the Trail of Tears. These families3739reorganized under their own leadership, purchased land, and maintained3740continuous political existence in the western region of present-day3741North Carolina. Congress recognized the Eastern Band based on this3742continuous history--because it existed, plainly and demonstrably, in3743the record.3744    The Eastern Band is not subordinate to any other Cherokee tribe,3745nor derivative of another tribe's recognition. We honor our shared3746Cherokee origin while maintaining our own sovereignty, as the United3747States has long acknowledged.3748    The Eastern Band takes care to represent Cherokee history3749faithfully. We expect the same rigor when discussing the history of any3750group seeking federal recognition.3751Why Appearance Cannot Replace Evidence3752    One of the most alarming moments in the hearing occurred when a3753Member of the Senate instructed tribal leaders to look at people seated3754in the audience and judge whether they ``look Native.'' The Senator3755then stated that he supports recognition because he sees ``Native3756faces.''3757    That moment demonstrates precisely why the acknowledgment3758regulations were created.3759    Indian identity is not determined by appearance.3760    It is not based on skin tone, facial features, or a lawmaker's3761intuition.3762    The use of physical appearance to judge who is or is not Native is3763a relic of ignorance and racial profiling in a period of deep bias3764against non-white individuals. It has been proven to have no value in3765determining tribal identity. Reducing Native identity to skin tone or3766facial features would drag Indian Country back to an era when federal3767agents and anthropologists measured noses, cheekbones, and skin color3768in a misguided attempt to declare who was ``Indian enough.'' Those3769practices were never grounded in truth, were thoroughly discredited3770long ago, and have no place in modern federal decision-making.3771    The United States established a merit-based process at the strong3772urging of the tribal nations through the National Congress of American3773Indians because tribal identity must rest on continuous community,3774continuous political authority, descent from a historical tribe, and3775documentary evidence connecting the present to the past.3776    These are not technicalities. These are the safeguards that protect3777every sovereign tribal nation from flawed decisions based on politics,3778personal impressions, and stereotypes.3779    Requiring evidence is not disrespect. It is respect--respect for3780all tribes, for the government-to-government relationship, for the law,3781and for the truth.3782Congressional Authority and the Question Before This Committee3783    Throughout the hearing, much emphasis was placed on Congress'3784authority to recognize tribes. The Eastern Band does not and has never3785disputed that authority. Congress has exercised it before and has the3786power to do so again.3787    The question is not whether Congress can recognize a group. The3788question is whether Congress should recognize a group when the evidence3789does not support that conclusion.3790    The Lumbee have no identifiable historical tribe they can3791demonstrate descent from, no continuous community, no continuous3792political leadership across time, and a documentary record3793overwhelmingly inconsistent with tribal existence.3794    Statements made in the hearing that the Lumbee were ``recognized''3795in 1885 are also incorrect. The North Carolina legislature in 18853796acknowledged a name--''Croatan Indians''--based solely on self-3797identification in a single county. State action of that kind cannot3798create federal recognition, cannot establish tribal continuity, and3799cannot substitute for historical documentation.3800    The Office of Federal Acknowledgment (OFA) exists for precisely3801these circumstances: when claims, documents, and histories must be3802tested by experts with the training, methodology, and objective3803standards. If a group meets those standards, it deserves recognition.3804    To legislate recognition in the absence of evidence would set a3805precedent that risks the sovereignty of every federally recognized3806tribe and undermines the credibility of the acknowledgment process that3807Indian Country and the government-to-government relationship depend on.3808The Cost Debate: The Issue Is Not Dollars--It Is Responsibility3809    During the hearing, some suggested that concerns raised by the3810Eastern Band relate to how much it would cost to recognize another3811tribe. That is not the issue.3812    The issue is not the cost of fulfilling the United States'3813obligations to Tribal Nations. The issue is whether more than $23814billion in federal resources will be diverted away from legitimate3815tribes still dealing with the generational consequences of federal3816efforts to eradicate them--and instead sent to a group that has not3817demonstrated Native ancestry, let alone descent from a historic tribe.3818    Trust obligations are not discretionary. They are rooted in3819treaties, land cessions, removal, forced assimilation, and decades of3820federal policy designed to destroy Native nations. Every dollar3821appropriated for Indian Country exists because of those real,3822documented histories.3823    And even today, those dollars are not enough. Tribes across the3824country continue to struggle with the compounded impacts of those3825historic harms--underfunded healthcare, chronic infrastructure3826deficits, housing shortages, and the ongoing work of cultural and3827language revitalization, among others. Redirecting billions in federal3828Indian programs to a group that cannot meet the basic evidentiary3829requirements of tribal existence is not a matter of compassion. It is a3830matter of justice, responsibility, and the integrity of federal3831obligations to tribes whose ancestors endured the full force of federal3832policies aimed at their dispossession, destruction, and eradication.3833    If the Lumbee wish to access federal trust resources, they must3834first demonstrate--through a merit-based process and evidentiary3835criteria--that they are, in fact, a tribal nation.3836Conclusion3837    The Eastern Band of Cherokee Indians stands for truth, fairness,3838and the protection of sovereignty across Indian Country. This debate is3839not about emotion, rivalry, or political convenience. It is about3840whether federal recognition remains grounded in evidence, history, and3841law.3842    If any group believes it meets the federal criteria, the OFA3843process is open to them. If they are a tribe, the process will show it.3844If they meet the same criteria, we will welcome them wholeheartedly.3845    But Congress must not replace proof with politics. Native identity3846is not a matter of appearance. It is not a matter of sympathy. It is3847not a matter of state legislation. It is a matter of history, evidence,3848and the sovereign-to-sovereign relationships that define tribal3849nations.3850    Thank you for allowing me to submit this testimony. I am honored to3851join Principal Chief Hicks in presenting the Eastern Band's unified3852position, and we remain committed to working with all Members of this3853Committee to defend tribal sovereignty, uphold the integrity of the3854acknowledgment process, preserve the trust and treaty-based government-3855to-government relationship between tribes and the United States, and3856ensure that future generations inherit a system rooted in truth.3857    Sgi. Thank you.3858                                 ______38593860       Prepared Statement of the U.S. Department of the Interior3861    Thank you for the opportunity to provide this statement for the3862record on S. 107, the Lumbee Fairness Act.3863    The Lumbee Tribe of North Carolina, recognized by the State of3864North Carolina since 1885, has sought federal recognition for more than3865a century. In 1956, Congress enacted the Lumbee Act, which identified3866the ``Lumbee Indians of North Carolina'' by name. The Act also3867contained language regarding the Lumbee Tribe's eligibility for full3868federal benefits and services that has been interpreted as creating a3869statutory barrier to full participation in federal programs and3870services benefitting a federally recognized Indian tribe, and as3871precluding the Lumbee Tribe from pursuing federal acknowledgment3872through the Department of the Interior's (Department) administrative3873process under 25 C.F.R. Part 83.3874    On January 23, 2025, President Trump issued a Presidential3875Memorandum to the Secretary of the Interior declaring that it is the3876policy of the United States to support the full federal recognition of3877the Lumbee Tribe, including the authority to access full federal3878benefits and services. The Memorandum directed the Secretary of the3879Interior to review all applicable authorities, in consultation with the3880Lumbee Tribe, and submit to the President a plan to assist the Lumbee3881Tribe in obtaining full federal recognition through legislation or3882other available mechanisms. The Lumbee Tribe's leadership has continued3883to express to the Department their strong preference for federal3884recognition through an act of Congress over judicial action or the Part388583 process.3886    Federal recognition is a formal act by the United States government3887confirming a tribe's existence as a distinct political entity and3888establishing a government-to-government relationship between the tribe3889and the federal government. Through federal recognition, the United3890States recognizes tribal sovereignty with a tribe exercising its rights3891of self-determination and self-governance over its peoples and3892community.3893    Since 1978, the Office of Federal Acknowledgment (OFA) has3894administered the Part 83 process, and it has been recognized for being3895thorough in its petition review. To date, the Department has granted3896eighteen petitions and denied thirty-four petitions for federal3897acknowledgment. Courts have unanimously upheld the Department's3898authority to acknowledge tribes through the Part 83 process. In the3899past, Congress has legislated federal recognition of Indian tribes in3900unique statutory circumstances without undermining OFA's regulatory3901role. For example, Congress has legislated to restore federal3902recognition to tribes previously subject to legislation terminating3903their relationship with the federal government. Legislative recognition3904of the Lumbee Tribe would not alter the availability or integrity of3905the Part 83 process for other groups. S. 107 is a case-specific3906resolution that addresses the unique statutory circumstances created by3907the 1956 Lumbee Act.3908    S. 107 would amend the 1956 Lumbee Act to extend federal3909recognition to the Lumbee Tribe and make the members of Lumbee Tribe3910eligible for all services and benefits provided by the federal3911government to Indian tribes. Recognition of the Lumbee Tribe through S.3912107 does not diminish the rights or status of currently federally3913recognized Indian tribes. The bill also authorizes the Department to3914acquire trust land for the benefit of the Lumbee Tribe within Robeson3915County, North Carolina under 25 C.F.R. Part 151, designates a service3916area for delivery of federal services and benefits, and clarifies the3917extent of the State of North Carolina's criminal and civil jurisdiction3918over lands occupied by the Lumbee Tribe. These latter provisions would3919not be addressed in any Part 83 determination by the Department.3920    The Department is committed to upholding its trust and treaty3921responsibilities to all Indian tribes and continues to strengthen3922tribal sovereignty across Indian Country. The Department supports S.3923107 as the most direct means to resolve ambiguities in the 1956 Lumbee3924Act and federally recognize the Lumbee Tribe of North Carolina.3925    The Department appreciates the opportunity to provide this3926statement for the record on S. 107, the Lumbee Fairness Act, and would3927welcome the opportunity to work with the Sponsor and Committee on3928ensuring effective implementation of the bill.3929                                 ______39303931                                              Shawnee Tribe3932                                                  November 19, 20253933Hon. Lisa Murkowski, Chairman;3934Hon. Brian Schatz,Vice Chairman,3935Senate Committee on Indian Affairs,3936Hart Senate Office Building,3937Washington, D.C.39383939        Re: History of the Recognition of the Shawnee Tribe39403941Dear Chairman Murkowski and Vice Chairman Shatz,39423943    On behalf of the Shawnee Tribe, thank you once again for holding a3944substantive hearing to examine S. 107, the ``Lumbee Fairness Act.'' I3945write to supplement the record for the hearing conducted on November 5,39462025 hearing and to provide a fuller response to Senator Mullin's3947question regarding the Shawnee Tribe's federal recognition and why3948legislation was the appropriate--and only--path in our case, but not in3949the case of the Lumbee group.3950    The Shawnee Tribe's path to federal recognition differs3951fundamentally from the Lumbee situation for one simple reason: there3952was--and still is--no process at the Office of Federal Acknowledgment3953(OFA) for separating one federally recognized tribe from another. This3954gap in federal law arose from unique historical circumstances created3955by federal policy--not from any uncertainty about the Shawnee Tribe's3956identity or existence. Because the OFA lacked jurisdiction to address a3957situation in which a long-recognized Tribal Nation had been placed3958within another Nation's federal framework, legislation was the only3959lawful way to correct that structural problem.3960    Even so, Congress did not act without scrutiny. The Senate3961Committee on Indian Affairs (SCIA) reviewed the Shawnee Tribe's history3962using the same seven mandatory criteria that the OFA applies, including3963the requirement for a 1960s-era document demonstrating continuity of3964political authority. This Committee examined Shawnee treaties, federal3965correspondence, agency reports, and internal governance records. The3966conclusion was unequivocal: the Shawnee Tribe had always existed as a3967distinct Tribal Nation with continuous leadership, community, and3968political life.3969    The roots of this situation lie in the removal policies of the 19th3970century. The Shawnee people were forced from their eastern homelands3971through Ohio, Missouri, and Kansas. The ancestors of today's Shawnee3972Tribe--known historically as the ``Loyal Shawnee'' or ``Cherokee3973Shawnee''--entered the 1869 Shawnee-Cherokee Agreement, approved by3974President Grant under the 1866 Cherokee Treaty. That agreement3975relocated the Shawnee onto unoccupied lands within Cherokee Nation3976territory, but it did not dissolve the Shawnee Tribe. Our people3977maintained their own government, language, religious and ceremonial3978life, and membership rolls. At no point did the United States question3979who the Shawnee were or whether our treaties remained binding.3980    Congress formally recognized these truths in the year 2000 when it3981passed the Shawnee Tribe Status Act (S. 3019), ``[t]o clarify the3982Federal relationship to the Shawnee Tribe as a distinct Indian tribe,3983to clarify the status of the members of the Shawnee Tribe, and for3984other purposes.'' This was not a ``federal acknowledgment,'' as that3985term is used in the law, but a clarification of a fact that had been3986true since long before the Shawnee moved onto Cherokee Nation lands in39871869. There was never any question that the citizens of the Shawnee3988Tribe were Indians descended from the historic Shawnee Tribe, whose3989treaties with the United States remain in effect. Congress simply3990expressed in statute the continued existence of the historic Shawnee3991Tribe through its present citizens.3992    This history stands in stark contrast to the Lumbee situation. The3993Shawnee case required legislation because OFA had no authority to3994address a unique federal anomaly involving two already-recognized3995Tribal Nations. The Lumbee case requires the opposite: a full3996evidentiary review by OFA, because their historical, genealogical, and3997political claims contain unresolved questions that only the federal3998acknowledgment process can answer.3999    For the Shawnee, legislation corrected a federal structural4000problem. For the Lumbee, legislation would bypass the only process4001capable of establishing the truth.40024003        Niyaawe.4004                                     Hon. Ben Barnes, Chief4005                                 ______40064007                                          November 10, 20254008Dear Senator(s)40094010    My name is Celestine Wilson, and I am from Brooklyn, New York. I am4011a descendant of the first-contact tribes of Cherokee, Catawba,4012Rappahannock and Arawak peoples. I also have family connections to4013relatives who have descended from the Lumbee people. Because of these4014ties, I have witnessed firsthand how the Lumbee story stretches far4015beyond North Carolina's borders and into communities in South Carolina,4016Tennessee, and across the country.4017    The Lumbee are Urban American Indians with a continuous verifiable4018heritage: their land ties, their families, their language, and their4019lineal descendants remain intact. They deserve the opportunity to honor4020their ancestry and identity without being marginalized or4021disenfranchised.4022    Despite President Trump's directive on January 23, 2025, calling4023for the advancement of Lumbee recognition, the Lumbee people continue4024to face unequal and disparaging treatment. I respectfully ask that this4025Committee fully support the Lumbee Fairness Act and ensure that the4026Lumbee receive the recognition and rights they have long been owed.40274028        Thank you,4029                                           Celestine Wilson4030                                 ______40314032Dear Members of the Senate Committee on Indian Affairs,40334034    On behalf of myself, Claudia Anderson, I submit this testimony in4035strong support of the Lumbee Fairness Act and the full federal4036recognition of the Lumbee Tribe of North Carolina. President Donald J.4037Trump's Executive Order on November 12, 2020, affirmed the need to4038advance recognition for the Lumbee people, acknowledging their4039continuous historical presence, cultural identity, and governmental4040organization. This executive action reinforced what scholars, state4041officials, and generations of Lumbee descendants have long maintained-4042that the Lumbee are an Indigenous nation whose heritage, language, and4043governance merit the same federal rights and protections as other4044recognized tribes.4045    My own Mattaponi grandmothers, Sarah Veney, and her daughter Rachel4046Veney, sued for their freedom and won. My Veney ancestors exemplify the4047deep historical continuity, kinship networks, and enduring survival of4048our people through centuries of systemic misclassification and4049exclusion. The Lumbee Fairness Act represents not only justice long4050delayed but a necessary step toward correcting decades of inequity in4051access to health, education, and sovereignty protections. I urge4052Congress to act without delay to pass this legislation, thereby4053honoring both the promise of federal trust responsibility and the self-4054determination of the Lumbee people.40554056        Respectfully submitted,4057                                           Claudia Anderson4058                                 ______40594060                           Coalition of Large Tribes (COLT)4061                                                   November 4, 20254062Hon. Lisa Murkowski, Chairman;4063Hon. Brian Schatz,Vice Chairman,4064Senate Committee on Indian Affairs,4065Hart Senate Office Building,4066Washington, D.C.40674068Dear Chairman Murkowski and Vice Chairman Schatz:40694070    I am writing this letter as Chairman of the Coalition of Large4071Tribes (COLT). As you know, for a Tribe to be a member of COLT, the4072tribe must govern a land base of 100,000 acres or more. Of the 5744073Federally recognized tribes, only 52 Tribes meet these criteria and4074those 52 tribes govern 95 percent of the land and resources. Simply4075put, COLT is the leading voice for Large Land Base tribes nationwide.4076    I write to respectfully urge you carefully consider funding4077additional Indian Country appropriations if the Committee advances the4078Lumbee Fairness Act (S.107), which would extend federal acknowledgment4079as a tribal nation to the Lumbee group in North Carolina and circumvent4080the Office of Federal Acknowledgment administrative process at the U.S.4081Department of the Interior. See Resolution: 08-16-2022, # 01-2022 (NN-4082Twin Arrows), ``Resolution in Opposition to Federal or State4083Recognition of the `Lumbee Tribe,' `MOWA Band of Choctaw,' or Any Other4084Group Claiming to be a Tribal Nation that Seeks to Circumvent of the4085Department of the Interior's Office of Federal Acknowledgment (OFA)4086Process.''4087    We would also like to remind the Committee that Senator Tillis4088grotesquely maligned tribal leaders in his November 21, 2024 floor4089remarks with respect to S. 2088/H.R. 3371--Wounded Knee Massacre4090Memorial and Sacred Site Act, which he blocked, creating significant4091tensions between COLT tribes and Lumbee leaders. \1\ Senator Tillis'4092statement on the floor expressing his disagreement with Lakota tribal4093leaders as grounds to block dignity for Wounded Knee families was4094wholly inappropriate. Likewise, Lumbees' subsequent support for his4095behavior is repellent. That is simply not how tribes behave--4096countenancing a massacre and withholding justice for women and children4097as political convenience. Even knowing this, and while COLT's supports4098the longstanding policy and clear rules implemented by OFA, we also4099understand the specific history of the Lumbees, including that their4100state recognition since 1885, the 1956 Lumbee Act (enacted at the4101height of the Termination Era), and their longtime operation of tribal4102services, such as education from 1885, make them uniquely positioned4103for consideration for recognition by Congress.4104---------------------------------------------------------------------------4105    \1\ Wounded Knee is a stain on the dignity of Congress and a point4106of extreme dishonor for the United States. On December 29, 1890,4107unarmed men, women and children were massacred at Wounded Knee. In the4108words of General Nelson Miles, on whose orders the Seventh Cavalry4109pursued ailing Chief Spotted Elk and his people across the frozen4110Plains and Badlands, his soldiers' actions constituted: ``the most4111abominable criminal military blunder and a horrible massacre of women4112and children.'' [DeMontravel, 1998, pp. 211-212]. Miles acknowledged,4113``Every day we hear of poor women, little girls and boys and children4114found dead and frozen to the ground, or crawling over the prairie, for4115a distance of one hundred miles north and south.'' [p. 206]. Testifying4116before the Commission on Indian Affairs in 1920, Miles said he4117``regarded the whole affair as most unjustifiable and worthy of the4118severest condemnation.'' [National Park Service].--Less than a year4119after the Massacre, General Miles wrote in a letter dated November 20,41201891: ``Wholesale massacre occurred and I have never heard of a more4121brutal, cold-blooded massacre than that at Wounded Knee. About two4122hundred women and children were killed and wounded with little children4123on their backs, and small children powder-burned by the men who killed4124them being so near as to burn the flesh and clothing with the powder of4125their guns and nursing babes with five bullet holes through them .''4126[Letter to Baird]--Nonetheless, 20 U.S. soldiers were awarded Medals of4127Honor for their murderous, terrorist actions at Wounded Knee. Medals of4128Honor are awarded in the name of Congress. For a decade, COLT and4129sister tribal organizations have been pursuing legislation to remove4130the stain the Wounded Knee Medals of Honor visit on America, as well as4131last Congress' S.2088/H.R. 3371--Wounded Knee Massacre Memorial and4132Sacred Site Act.4133---------------------------------------------------------------------------4134    COLT requests that you closely analyze the cost of Lumbee4135recognition to taxpayers, and if you vote affirmatively on S. 107, that4136you also recommend appropriate funding additions to accompany what4137would become the fifth or sixth largest tribe in the country by4138population, rather than leaving such findings to the next4139Appropriations cycle.4140    We have seen evidence that the cost of Lumbee recognition has been4141underestimated by approximately $2 billion by the Congressional Budget4142Office, including significant departures from CBO scores done4143contemporaneously for Little Shell and the Virginia tribes. This4144includes the CBO score going down while the Lumbee population has gone4145up. But we have also seen evidence that underestimate may not be4146accurate, inasmuch as the Lumbees already receive Indian Education, HUD4147and LIHEAP funds and would not need new appropriations for those4148programs. We also understand that the Lumbees' need for BIA services4149might be much more limited because they do not have a reservation or4150trust lands to administer. Further, we recognize that a newly-4151recognized Tribe is not eligible for many programs until Congress4152appropriates funding.4153    Yet, while some of the differences in CBO scoring may be explained4154by the Lumbees' unique circumstances and their successful efforts to4155inform the CBO, that is cold comfort to COLT member tribes' citizens to4156whom the United States already grossly underfunds its solemn Treaty4157obligations including healthcare, food and nutrition, and economic4158development and who see the potential for a new tribe of perhaps 60,0004159or more citizens to strain those scarce resources even more, with a4160current CBO score of $1,275,000,000 for just BIA and IHS over five4161years. These numbers are simply staggering to COLT tribes' citizens4162when our tribes govern land bases the size of some states with far4163fewer resources in very rural places. We look to the Committee to check4164all the math and ensure that our Treaty obligations are fulfilled4165irrespective of what other policy choices Congress might make with4166respect to recognition of a new and very large tribe.41674168        Very respectfully,4169                               J. Garret Renville, Chairman4170                                 ______41714172                          House Committee on Appropriations4173                                                   November 5, 20254174Hon. Lisa Murkowski, Chairman;4175Hon. Brian Schatz,Vice Chairman,4176Senate Committee on Indian Affairs,4177Hart Senate Office Building,4178Washington, D.C.41794180Dear Chairman Murkowski and Vice Chairman Schatz,41814182    I wish to express my strong opposition to legislation that would4183allow the Lumbee group in North Carolina to bypass the established4184federal recognition process through the U.S. Department of the4185Interior.4186    I am honored to represent North Carolina's 11th District, which4187includes the aboriginal and modern-day homeland of the Eastern Band of4188Cherokee Indians. This Tribal Nation is a cornerstone of our state's4189heritage, rich with culture, language, and sovereignty that is a4190treasure to the State of North Carolina and the United States. The4191Eastern Band Cherokees are the descendants of those who courageously4192fought to remain in their ancestral homeland when the federal4193government sought to forcibly relocate them along the Trail of Tears.4194The story of the Eastern Band of Cherokee Indians is a profoundly4195American story, one of resilience, perseverance, and hope. It is out of4196respect for their legacy and for all federally recognized tribes, that4197I oppose efforts to circumvent the fair and rigorous process4198established for federal recognition.4199    Today, a number of groups, such as the Lumbees, with no verifiable4200indigenous ancestry falsely claim Cherokee history, language, and4201culture as their own. The Lumbee group has sought federal4202acknowledgment for over a century, and Congress has repeatedly chosen4203not to act on Lumbee recognition due to concerns about the merits of4204their claims. The Lumbee Tribe does not identify with any specific4205historical tribe from which it claims descent and has not provided4206genealogical evidence to substantiate such lineage. Additionally, they4207do not have reservation land, a tribal language, or a single treaty4208with the United States.4209    For nearly half a century, the Department of the Interior has4210carried out a merit-based process sanctioned by Congress to make these4211recognition determinations. The Office of Federal Acknowledgment (OFA)4212process exists to safeguard both Indian country and the public by4213ensuring that groups seeking this recognition can demonstrate verified4214descent and meet historical criteria.4215    As a member of the House Appropriations Committee, we have funded4216the Indian Health Service and other essential priorities for our tribal4217communities in the recently approved FY26 bill. However, if the overall4218tribal population eligible for these services were to expand by more4219than 55,000 individuals, many of whom lack verified Native ancestry, it4220would place an unsustainable strain on already limited resources. I am4221deeply concerned that such an expansion would dilute the critical4222support intended for federally recognized tribes and make it4223increasingly difficult for appropriations to keep pace with genuine4224need.4225    If the Lumbee group's case for federal recognition had merit, they4226would follow the established OF A process, as required by law. Instead,4227they have repeatedly sought special consideration from Congress and the4228Administration, despite credible opposition by dozens of federally4229recognized tribes.4230    I urge this Committee to ensure that the Lumbee group's claims are4231evaluated by qualified experts through the proper administrative4232process. Granting federal recognition to any group without rigorous4233scrutiny undermines the integrity of the recognition process and the4234responsibility owed to federally recognized tribes. We must keep4235politics out of tribal recognition and ensure that such decisions are4236based on merit and evidence, not political pressure or unverified4237ancestry claims.42384239        Sincerely,4240                          Chuck Edwards, Member of Congress4241                                 ______42424243                                      District Heights, MD.42444245Dear Members of The Senate on Indian Affairs,42464247    On behalf of the Urban Indian Heritage Society, I submit this4248testimony in Support of The Lumbee Fairness Act and the full Federal4249Recognition of the Lumbee Tribe of North Carolina. President Donald J.4250Trump signed an Executive Order on November 12, 2020, in support of the4251recognition for The Lumbee Indians, acknowledging their continuous4252historical presence, cultural Identity, fairness, deca, education, and4253have access to their OK Heritage and Governmental Organization. This4254Executive action reinforced what scholars, state officials, and4255generations of Lumbee descendants have a long maintained that The4256Lumbees are an Indigenous Nation whose Heritage, language and4257Governance merit the same Federal rights and protections as other4258Federally Recognized Tribes.4259    I have Lumbee Ancestors Locklear, Cox, Cumbo, Revel to name a few4260Surnames that are kin to the Lumbees and Tuscarora Ancestors.4261Historical kinship of the Lumbee people Systematic Misclassification4262and exclusion from Federal Protection and Recognition. The Lumbee4263Fairness Act is justice for a decades long of inaccessibility to Indian4264health, education and have access to their artifacts. Many4265Misclassified American Indians like myself have inaccessibility to4266Healthcare. We are asking at Urban Indian Heritage Society, that The4267Senate Committee on Indian Affairs and Congress pass this legislation.42684269        Thank you for your Consideration,4270                                           Davita M. Carter4271                                 ______42724273Greetings to the U.S. Senate Committee on Indian Affairs,42744275    My name is Dr. Nolan L. Fontaine. This testimony is in regard to S.4276107--the Lumbee Fairness Act. I am requesting that this be sent to4277Congress for immediate action.4278    The Lumbee only continue to flourish and grow in numbers and4279representation across state lines. They have the land and lineage and4280they deserve all the liberties and privileges that other tribes4281receive. In the past, and even currently, the Lumbee experience paper4282genocide and misclassification. This must end full stop.4283    Specifically, the Lumbee should be able to partake in Indian Health4284Service, Indian Education and any other federally-protected activities4285whenever and wherever they are in these United States. We applaud4286Senator Tillis for his steadfastness with advancing this bill for4287Lumbees in North Carolina.4288    However, we know that as the traditional Cheraw people, they were4289transient. They lived within the enclaves of both North and South4290Carolina. It is imperative, now that the Lumbee inhabit all fifty (50)4291states and DC, as Urban Indians, that they have accessibility to4292aforementioned federal programs with no bureaucratic red-tape to delay4293their progress. This needs to be resolved this 119th Congress.4294    Thank you for your attention to this serious matter within Indian4295Country.42964297        Respectfully Submitted,4298                                      Dr. Nolan L. Fontaine4299                                 ______43004301Dear Members of the Senate Committee on Indian Affairs,4302    I submit this testimony in strong support of the Lumbee Fairness4303Act and the full federal recognition of the Lumbee Tribe of North4304Carolina. President Donald J. Trump's Executive Order of November 12,43052020, underscored the importance of advancing recognition for the4306Lumbee people, affirming their enduring historical presence, cultural4307identity, and organized governance. This action reaffirmed what4308scholars, state leaders, and generations of Lumbee descendants have4309consistently upheld--that the Lumbee are a sovereign Indigenous nation4310whose heritage, language, and government warrant the same federal4311acknowledgment, rights, and protections as those afforded to other4312federally recognized tribes.43134314        Thank you,4315                                          Francine Anderson4316                                 ______43174318            State of North Carolina--Office of the Governor4319                                                   October 31, 20254320Hon. John Thune, Majority Leader;4321Hon. Charles Schumer, Minority Leader,4322U.S. Senate,4323Washington, DC.43244325Dear Majority Leader Thune and Minority Leader Schumer:43264327    I am writing to express my support for full federal recognition of4328the Lumbee Tribe of North Carolina. Full federal recognition would4329allow members access to the health care, education, housing, child4330care, and disaster relief benefits afforded other tribes. These4331benefits would in turn create economic opportunities for the tribe and4332the surrounding community.4333    The history of the Lumbee Tribe in North Carolina long predates the4334history of the State of North Carolina itself. The State of North4335Carolina granted the Lumbee Tribe official recognition in 1885, and the4336tribe began seeking federal recognition shortly thereafter. However,4337the Lumbee Act of 1956 specifically denied the Lumbee the services and4338benefits that every other federally recognized tribe receives,4339hindering the tribe's efforts.4340    Some form of legislation to provide federal recognition to the4341Lumbee has passed the House of Representatives nine times since 19744342but has never succeeded in the Senate, including the most recent4343legislation, which the House passed on September 9, 2025. The history4344of the Lumbee Tribe and of the State of North Carolina are intertwined;4345so, too, are our futures. Therefore, I request that the Senate pass4346legislation to confer the benefits of full federal recognition to the4347Lumbee Tribe.43484349        Sincerely,4350                                  Hon. Josh Stein, Governor4351                                 ______43524353                  Urban Indian Heritage Society/First Tribe43544355Dear Members of the Senate Committee on Indian Affairs,43564357    On behalf of the Urban Indian Heritage Society/First Tribe, I4358respectfully submit this testimony in strong support of the Lumbee4359Fairness Act and the full federal recognition of the Lumbee Tribe of4360North Carolina.4361    President Donald J. Trump's Executive Order reaffirmed the need to4362advance recognition of the Lumbee people as a federally recognized4363tribe, meeting the established Congressional standards and criteria for4364approval.4365    As a registered Urban Indian of Mvskoke, Cherokee, and Seminole4366lineage, I and we recognize that the Lumbee have endured centuries of4367historical misclassification and administrative neglect. In my capacity4368as an Elder of the Urban Indian Heritage Society, we have also4369submitted a petition bearing over 10,000 verified signatures, many of4370which are from individuals of Lumbee descent.4371    The Lumbee Fairness Act represents a long-overdue step toward4372restoring justice and rightful recognition. We respectfully urge4373Congress to act decisively and grant the Lumbee Nation the federal4374acknowledgment they have long deserved.43754376        Respectfully submitted,4377                                             Ishmael A. Bey4378                                 ______43794380Dear Members of the Senate Committee on Indian Affairs,4381    On behalf of the Urban Indian Heritage Society, I submit this4382testimony in strong support of the Lumbee Fairness Act and the full4383federal recognition of the Lumbee Tribe of North Carolina. President4384Donald J. Trump's Executive Order on November 12, 2020, affirmed the4385need to advance recognition for the Lumbee people, acknowledging their4386continuous historical presence, cultural identity, and governmental4387organization. This executive action reinforced what scholars, state4388officials, and generations of Lumbee descendants have long maintained-4389that the Lumbee are an Indigenous nation whose heritage, language, and4390governance merit the same federal rights and protections as other4391recognized tribes.43924393        Respectfully submitted,4394                                Jasmine ``Gator'' Humphries4395                                 ______43964397                              Urban Indian Heritage Society43984399Dear Members of the Senate Committee on Indian Affairs,44004401    On behalf of the Urban Indian Heritage Society, I submit this4402testimony in strong support of the Lumbee Fairness Act and the full4403federal recognition of the Lumbee Tribe of North Carolina. President4404Donald J. Trump's Executive Order on November 12, 2020, affirmed the4405need to advance recognition for the Lumbee people, acknowledging their4406continuous historical presence, cultural identity, and governmental4407organization. This executive action reinforced what scholars, state4408officials, and generations of Lumbee descendants have long maintained--4409that the Lumbee are an Indigenous nation whose heritage, language, and4410governance merit the same federal rights and protections as other4411recognized tribes.44124413        Respectfully submitted,4414                                              Joshuah Grant4415                                 ______44164417                              Urban Indian Heritage Society44184419Dear Members of the Senate Committee of Indian Affairs,44204421    On the behalf of the Urban Indian Heritage Society, I submit this4422testimony in support of the Lumbee Fairness Act and the Full Federal4423Recognition of the Lumbee tribe of North Carolina. President Donald J4424Trump signed an executive order on November 12th, 2020 in support of4425the recognition for the Lumbee Indians, acknowledging their continuous4426historical presence, cultural identity, and government organizations.4427This executive action reinforced what scholars,State officials and4428generations of Lumbee descendants have long maintained that the Lumbee4429are n Indigenous Nation whose Heritage, language and governance merit4430the same Federal rights and protections as other Federally recognized4431tribes.4432    In addition to my testimony a I would like to add that many other4433Indigenous descendants where misclassified just like the Lumbee. My4434Powhatan family was affected by Walter Pleckers 1929 Racial Integrity4435Act which indicated that my family had to become Negro or colored4436instead of Identifying as American Indian. I kindly urge you to allow4437the Lumbees of their much overdue justice they deserve.4438    The Lumbee Fairness Act is justice for a decades long4439inaccessability to lto Federal Recognition and Protections. The4440Lumbeees need access to health services, education, and protections as4441a Sovereign Nation. We are asking at Urban Indian Heritage Society,4442that the Senate Committee on Indian Affairs and Congress Pass this4443Legislation. Many misclassified American Indians like myself have4444inaccessability to healthcare. We hope and pray that you consider this,4445and pass this Act.44464447        Thank you for your consideration,4448                                           Kenneth Brown II4449                                 ______44504451                              Urban Indian Heritage Society44524453Dear Members of the Senate Committee on Indian Affairs,44544455    On behalf of the Urban Indian Heritage Society, I submit this4456testimony in strong support of the Lumbee Fairness Act and the full4457federal recognition of the Lumbee Tribe of North Carolina. President4458Donald J. Trump's Executive Order on November 12, 2020, affirmed the4459need to advance recognition for the Lumbee people, acknowledging their4460continuous historical presence, cultural identity, and governmental4461organization. This executive action reinforced what scholars, state4462officials, and generations of Lumbee descendants have long maintained-4463that the Lumbee are an Indigenous nation whose heritage, language, and4464governance merit the same federal rights and protections as other4465recognized tribes.4466    My own Lumbee grandfather, ThomasTaylor, and our Tuscarora-Lumbee4467ancestors, exemplify the deep historical continuity, kinship networks,4468and enduring survival of our people through centuries of systemic4469misclassification and exclusion. The Lumbee Fairness Act represents not4470only justice long delayed but a necessary step toward correcting4471decades of inequity in access to health, education, and sovereignty4472protections. The Urban Indian Heritage Society urges Congress to act4473without delay to pass this legislation, thereby honoring both the4474promise of federal trust responsibility and the self-determination of4475the Lumbee people.44764477        Respectfully submitted,4478              Kyrus ``LeftfootedBlackwolf'' Fuller Williams4479                                 ______44804481                              Urban Indian Heritage Society44824483Dear Members of the Senate Committee on Indian Affairs,44844485    On behalf of the Urban Indian Heritage Society, I submit this4486testimony in strong support of the Lumbee Fairness Act and the full4487federal recognition of the Lumbee Tribe of North Carolina. President4488Donald J. Trump's Executive Order on November 12, 2020, affirmed the4489need to advance recognition for the Lumbee people, acknowledging their4490continuous historical presence, cultural identity, and governmental4491organization. This executive action reinforced what scholars, state4492officials, and generations of Lumbee descendants have long maintained-4493that the Lumbee are an Indigenous nation whose heritage, language, and4494governance merit the same federal rights and protections as other4495recognized tribes.4496    The Lumbee Fairness Act represents not only justice long delayed4497but a necessary step toward correcting decades of inequity in access to4498health, education, and sovereignty protections. The Urban Indian4499Heritage Society urges Congress to act without delay to pass this4500legislation, thereby honoring both the promise of federal trust4501responsibility and the self-determination of the Lumbee people.45024503        Respectfully submitted,4504                                              Lloyd A Carty4505                                 ______45064507Dear Members of the Senate Committee on Indian Affairs,45084509    I submit this testimony in strong support of the Lumbee Fairness4510Act and the full federal recognition of the Lumbee Tribe of North4511Carolina. President Donald J. Trump's Executive Order on November 12,45122020, affirmed the need to advance recognition for the Lumbee people,4513acknowledging their continuous historical presence, cultural identity,4514and governmental organization. This executive action reinforced what4515scholars, state officials, and generations of Lumbee descendants have4516long maintained-that the Lumbee are an Indigenous nation whose4517heritage, language, and governance merit the same federal rights and4518protections as other recognized tribes.4519    My own Mattaponi grandmothers, Sarah Veney, and her daughter Rachel4520Veney, sued for their freedom and won. My Veney ancestors exemplify the4521deep historical continuity, kinship networks, and enduring survival of4522our people through centuries of systemic misclassification and4523exclusion. The Lumbee Fairness Act represents not only justice long4524delayed but a necessary step toward correcting decades of inequity in4525access to health, education, and sovereignty protections. I urge4526Congress to act without delay to pass this legislation, thereby4527honoring both the promise of federal trust responsibility and the self-4528determination of the Lumbee people.45294530        Respectfully submitted,4531                                            Martia Anderson4532                                 ______45334534                              Urban Indian Heritage Society4535Dear Members of the Senate Committee on Indian Affairs,45364537    On behalf of the Urban Indian Heritage Society, I submit this4538testimony in support of the Lumbee Fairness Act and the full federal4539recognition of the Lumbee Tribe of North Carolina. President Donald4540Trump's Executive Order on November 12, 2020, affirmed the need to4541advance recognition for the Lumbee, acknowledging their continuous4542historical presence, cultural identity, and governmental organization.4543This executive action reinforced what scholars, state officials, and4544generations of Lumbee descendants have long maintained- that the Lumbee4545are an Indigenous nation whose heritage, language, and governance merit4546the same federal rights and protections as other recognized tribes.4547    The Lumbee Fairness Act represents not only justice long delayed4548but a necessary step toward correcting decades of inequity in access to4549health, education, and sovereignty protections. The Urban Indian4550Heritage Society urges Congress to act without delay to pass this4551legislation, thereby honoring both the promise of federal trust4552responsibility and the self-determination of the Lumbee people.45534554        Sincerely,4555                    Nekeisha ``Indigo Sunflower'' Stanfield4556                                 ______45574558Dear Honorable Members of the Senate Committee on Indian Affairs,45594560    My name is Pamela, and I am writing to express my full support for4561the Lumbee Fairness Act and the long-overdue federal recognition of the4562Lumbee people. This issue is deeply personal to my family. My uncle,4563Johnny Chavis, is Lumbee and Catawba Indian, and our bloodline reflects4564generations of Indigenous identity that has survived despite4565misclassification, political neglect, and systemic erasure. I am also a4566granddaughter of Powhatan ancestry, a reminder that our Indigenous4567roots run deep across the Southeast and Mid-Atlantic.4568    For more than a century, the Lumbee people have been denied full4569rights, resources, and recognition that other tribes receive as a4570matter of fairness and law. Federal recognition would not only4571strengthen one of the largest American Indian communities in the United4572States but would also correct a longstanding injustice that has harmed4573Lumbee families for decades. My relatives, my ancestors, and countless4574Lumbee descendants deserve the same respect, protections, and4575opportunities afforded to all federally recognized tribes.4576    I ask the Committee to support and advance the Lumbee Fairness Act4577without delay. Recognition is not a gift; it is a rightful4578acknowledgment of a people who have always existed, endured, and4579contributed to this nation.4580    Thank you for your attention and your continued service.45814582        Respectfully,4583                                                Pamela Hall4584                                 ______45854586Good Afternoon,45874588    I'm writing to you today to share my testimony to appeal the Lumbee4589Fairness Act. I am Chief Robert Wayne Brooks, the son of Paul Brooks,4590one of the Original 22 descendants of Tuscarora Indians determined to4591be one-half degree or more blood quantum by the Bureau of Indian4592Affairs in 1936. Under the Reorganization Act from 1934, we are listed4593as the Siouan Indian Community of Lumber River. During this time the4594state of NC voted against the act due to political friction without all4595parties present. In 2006, a petition was filed with the Department of4596Interior for land to be placed in Trust for the Original 22.4597    The Siouan Indians of Lumber River were incorporated in September45982013 and organized with by-laws in place.4599    At this time, we ask that you consider the below information prior4600to making a decision on the Lumbee Fairness Act:46014602   The Lumbees have attempted numerous times to self-identify4603        and claim ties to multiple tribes in the past.46044605   The Lumbees lack the genelocial ties to indigenous4606        individuals in North Carolina46074608   The Lumbees are attempting to acquire Tuscarora land that is4609        placed in a Trust back in mid 1930s46104611    Let me know if you have additional questions.46124613        Thank you,4614                                  Chief Robert Wayne Brooks4615                                 ______46164617                              Urban Indian Heritage Society46184619Dear Members of the Senate Committee on Indian Affairs,46204621    On behalf of the Urban Indian Heritage Society, I submit this4622testimony in strong support of the Lumbee Fairness Act and the full4623federal recognition of the Lumbee Tribe of North Carolina. President4624Donald J. Trump's Executive Order on November 12, 2020, affirmed the4625need to advance recognition for the Lumbee people, acknowledging their4626continuous historical presence, cultural identity, and governmental4627organization. This executive action reinforced what scholars, state4628officials, and generations of Lumbee descendants have long maintained--4629that the Lumbee are an Indigenous nation whose heritage, language, and4630governance merit the same federal rights and protections as other4631recognized tribes.4632    My own Lumbee grandfather, Aaron Locklear, and our Tuscarora-Lumbee4633ancestors, exemplify the deep historical continuity, kinship networks,4634and enduring survival of our people through centuries of systemic4635misclassification and exclusion. The Lumbee Fairness Act represents not4636only justice long delayed but a necessary step toward correcting4637decades of inequity in access to health, education, and sovereignty4638protections. The Urban Indian Heritage Society urges Congress to act4639without delay to pass this legislation, thereby honoring both the4640promise of federal trust responsibility and the self-determination of4641the Lumbee people.46424643        Respectfully submitted,4644                              Tanisha ``Phoenix Moon'' West4645                                 ______46464647                              Urban Indian Heritage Society46484649Dear Members of the Senate Committee on Indian Affairs,46504651    On behalf of the Urban Indian Heritage Society, I submit this4652testimony in strong support of the Lumbee Fairness Act and the full4653federal recognition of the Lumbee Tribe of North Carolina. President4654Donald J. Trump's Executive Order on November 12, 2020, affirmed the4655need to advance recognition for the Lumbee people, acknowledging their4656continuous historical presence, cultural identity, and governmental4657organization. This executive action reinforced what scholars, state4658officials, and generations of Lumbee descendants have long maintained--4659that the Lumbee are an Indigenous nation whose heritage, language, and4660governance merit the same federal rights and protections as other4661recognized tribes.4662    My own Lumbee and our Tuscarora-Lumbee ancestors, the Harper's,4663Spruill's and Browns of Kinston, Snow Hill and little Washington, NC4664exemplify the deep historical continuity, kinship networks, and4665enduring survival of our people through centuries of systemic4666misclassification and exclusion. The Lumbee Fairness Act represents not4667only justice long delayed but a necessary step toward correcting4668decades of inequity in access to health, education, and sovereignty4669protections. The Urban Indian Heritage Society urges Congress to act4670without delay to pass this legislation, thereby honoring both the4671promise of federal trust responsibility and the self-determination of4672the Lumbee people.46734674        Respectfully submitted,4675                              Taryn Venisha Spruiell-Adkins4676                                 ______46774678                              Urban Indian Heritage Society46794680Greetings to Chair Murkowski and Vice-Chair Schatz,46814682    From the traditional Eastern Woodlands, we send ancestral4683greetings. On behalf of the Lumbee Tribe, we are writing this4684communique to express the direct action to move the Lumbee Fairness Act4685to legislation within THIS 119th Congress.4686    We are Urban Indian Heritage Society. We are an organization that4687researches and documents the epistemologies of American Indians and4688their lineal descendants.4689    We are avid observers of U.S. Senate Committee on Indian Affairs.4690Alas, even after President Trump's Executive Memorandum, the Lumbee4691continue to face disparate treatment and institutional inter-tribal4692retribution rooted in disenfranchisement. We demand that this changes4693immediately and that all benefits & fairness be extended to the Lumbee4694and their families.4695    Sen. Cortez-Masto discussed during the hearing two (2) pathways4696forward--the administrative path through the Office of Federal4697Acknowledgment or the legislative path where this committee refers this4698senate bill to Congress. The Lumbee deserve a quick redress of their4699grievances. Let's spare the bureaucratic rigmarole & get this done!4700    Be on the right side of history.47014702        Happy America 250!4703                                 ______47044705                              Urban Indian Heritage Society47064707Dear Members of the Senate Committee on Indian Affairs,47084709    On behalf of the Urban Indian Heritage Society, I submit this4710testimony in strong support of the Lumbee Fairness Act and the full4711federal recognition of the Lumbee Tribe of North Carolina. President4712Donald J. Trump's Executive Order on November 12, 2020, affirmed the4713need to advance recognition for the Lumbee people, acknowledging their4714continuous historical presence, cultural identity, and governmental4715organization. This executive action reinforced what scholars, state4716officials, and generations of Lumbee descendants have long maintained--4717that the Lumbee are an Indigenous nation whose heritage, language, and4718governance merit the same federal rights and protections as other4719recognized tribes.4720    My own cherokee grandfather Sam Hendrix passed down history about4721our ancestors some to have been Lumbee and to always stay connected,4722exemplify the deep historical continuity, kinship networks, and4723enduring survival of our people through centuries of systemic4724misclassification and exclusion. The Lumbee Fairness Act represents not4725only justice long delayed but a necessary step toward correcting4726decades of inequity in access to health, education, and sovereignty4727protections. The Urban Indian Heritage Society urges Congress to act4728without delay to pass this legislation, thereby honoring both the4729promise of federal trust responsibility and the self-determination of4730the Lumbee people.4731        Submitted by,4732                                           William Anderson4733                                 ______47344735                                           UTE INDIAN TRIBE4736                                                  November 26, 20254737Hon. Lisa Murkowski, Chairwoman,4738Senate Committee on Indian Affairs,4739Hart Senate Office Building,4740Washington, D.C.47414742          Re: Opposition to S. 107, the Lumbee Fairness Act47434744Dear Chairwoman Murkowski:47454746    We are duly elected officials of federally recognized large land-4747based treaty tribes of the United States. As such we are independent4748sovereign Nations with inherent sovereign authority: each of which can4749prove a unique government-to-government relationship with the United4750States.4751    For decades now this status and this government-to-government4752relationship have been challenged. and we have withstood and defeated4753those challenges at great and often painful cost. We have done so under4754the closest scrutiny as a group of Indians can face in the federal4755courts. from each of the three branches of state government, from the4756various agencies of the United States, and from private entities. Some4757of us have faced challenges to our sovereign status and legal rights.4758from foreign governmental powers. Yet again, we have prevailed because4759we can unquestionably prove who we are, what our legal and factual4760status is, and what our relationship with the United States of America4761is based upon. Even this Committee has faced questions as to why we are4762much more than racial groups of Indians, and why we are entitled to a4763unique status and receive unique preferences under federal law.4764    In short, we have all been able to prove, without doubt, that we4765are not only the direct descendants of treaty signers, but we are also4766individual tribal nations whose members have continued to interact both4767socially and politically as citizens of a single independent, sovereign4768tribal nation from treaty times until the present.4769    I write to you and your colleagues on the Senate Committee on4770Indian Affairs on behalf of my Tribe to voice my concerns and4771opposition to S. 107, also known as the Lumbee Fairness Act (``Act'').4772Tribal recognition is the inherent right of tribes to self-govern, to4773establish their own laws that govern membership. laws, religion, and4774community. To be a federally recognized tribe inherently includes4775tribal sovereignty and creates a federal trust responsibility, which4776must be guarded at all costs.4777    Given the significance of federal recognition, my Tribe must oppose4778the Lumbee Fairness Act. The recognition oflndian tribes, and thus4779tribal sovereignty, is one of the United States' most solemn and4780important obligations. Federal recognition of a tribe establishes a4781special and unique government-to-government relationship between the4782Federal government and an Indian tribe and creates significant legal4783rights, responsibilities, and commitments.4784    To begin, the Tribe supports the federal recognition of Indian4785tribes. However, the Tribe does not believe that federal recognition4786should be subject to the legislative process and Congressional4787politics. Partisan politics can prevent a deserving tribe from being4788recognized or it can recognize an undeserving group with no indigenous4789ties as a federally recognized tribe. Congress can create problems when4790it tries to act on federal acknowledgement and tribal membership.4791    In one example, in 1954, Congress passed the Ute Partition Act4792(UPA), which authorized 490 Tribal members known as ``mixed-bloods'' to4793vote to terminate their Tribal status and relationship with the federal4794government. In the UPA, Congress took action attempting to determine4795Tribal membership of the ``mixed-bloods,'' and the problems are still4796being dealt with by the Ute Indian Tribe as the unrecognized4797descendants of these members still attempt to interfere with Tribal4798governance. These problems were wholly preventable problems. The Lumbee4799Fairness Act has no standards or minimum requirements for federal4800recognition, and it requires the Secretary of Interior to acquire trust4801lands without any explanation. Congress does not have the staff,4802expertise, resources, or equipment to manage the recognition of Indian4803tribes equitably.4804    Congress recognized this problem in 1975 when it created the4805American Indian Policy Review Commission (``Commission'') to bring4806fairness and legitimacy to the federal recognition process. Created4807from the recommendations of the Commission. Congress delegated the4808DOI--Office of Federal Acknowled gement (OFA) the management and4809regulation of federal recognition. OFA uses expert anthropologists,4810genealogists, historians, and attorneys to evaluate whether a4811petitioning group comprises descendants from a historical Indian tribe4812that has maintained existence to earn federal recognition. This4813structured process shields decisions from political influence or undue4814pressure and ensures equity, transparency, and consistency.4815    Similar to the UPA experience, the Lumbee Fairness Act attempts to4816circumvent the OFA process and politicize tribal, federal recognition.4817The Act simply amends the Lumbee Act, Pub. L. 84-570, to grant the4818Tribe full Federal recognition without having gone through the4819extensive findings that the OFA process would entail. The Lumbee Act4820relied on ``tribal legend'' and that ``these people'' are ``proud of4821their heritage'' as the basis of its findings to acknowledge the Lumbee4822Tribe. These findings are not up to the same rigor and analysis that4823the OFA process would analyze the Lumbee Tribe under.4824    It is our fear that the moment any group of Indians, claiming to be4825a ``Tribe,'' cannot meet these standards under that level of scrutiny,4826every other federally recognized tribe in the United States is4827endangered. For this reason, we are forced to oppose the Congressional4828and/or Executive Order recognition of the group calling itself the4829Lumbee Indian Tribe.4830    The processes employed by the Office of Federal Acknowledgement are4831far superior to anything that Congress can offer at this time. The4832assertions made by the group calling itself the Lumbee Indian Tribe4833must be scrutinized by experts and not automatically be taken at face4834value by the Members of this Committee or by the Congress as a whole.4835To do otherwise endangers us and every other federally recognized tribe4836in the United States.48374838        On Behalf of the Ute Tribal Business Committee:4839                Shaun Chapoose, Business Committee Chairman4840                                 ______48414842    *The following list of resolutions and letters from Federally4843Recognized Tribes and Tribal entities that support Lumbee recognition4844have been retained in the Committee files.*4845   Catawba Indian Nation4846   Tunica-Biloxi Tribe of Louisiana4847   Oneida Nation of Wisconsin4848   Pascua Yaqui Tribe4849   Mashantucket Pequot Tribal Nation4850   Chief Kevin Brown of the Pamunkey Indian Tribe4851   Rappahannok Tribe of Virginia4852   Chickahominy Indian Tribe of Virginia4853   Chippewa Cree Tribe of the Rocky Boy's Reservation4854   The Blackfoot Confederacy Chiefs4855   Hopi Tribe Chairman: Timothy L. Nuvangyaoma-4856   The Mashpee Wampanoag Tribe4857   The Wampanoag Tribe of Gay Head Aquinnah4858   Chief of the Choctaw Nation of Oklahoma4859   The Narragansett Indian Tribe4860   A resolution from the Midwest Alliance of Sovereign Tribes4861   The Native American Indian Association of Tennessee4862   The Native American House Alliance4863   Baltimore American Indian Center4864   Prominent NCAA Men's Basketball Head Coaches--Kelvin Sampson4865        and John Calapari48664867    *The following list of additional resolutions and letters have been4868retained in the Committee files.*48694870    Kenaitze Indian Tribe--Resolution No. 2025-37--Opposing Federal4871legislation that would circumvent the Department of the Interior's4872Office of Federal Acknowledgement (OFA) process48734874    2022 Winter Convention--Tulalip, Washington--RESOLUTION #2022 46--4875Opposition to Federal or State Recognition of the Groups Claiming to be4876a Tribal Nations that Seek to Circumvent the Department of the4877Interior's Office of Federal Acknowledgment (OFA) Process48784879    INTER-TRIBAL COUNCIL OF NORTH EASTERN OKLAHOMA#2022-5--Opposition4880to federal or state recognition of the ``Lumbee Tribe,'' ``MOWA Band of4881Choctaw,'' or any other group claiming to be a tribal nation that seeks4882to circumvent of the Department of the Interior's Office of Federal4883Acknowledgment (OFA) process48844885    Coalition of Large Tribes (COLT)--Resolution No. 08-16-20224886RESOLUTION #01-2022 Resolution in support of the ``Opposition to4887federal or state recognition of the `Lumbee Tribe,' `MOWA Band of4888Choctaw,' or any other group claiming to be a tribal nation that seeks4889to circumvent of the Department of the Interior's Office of Federal4890Acknowledgment (OFAl process'' and COLT opposition letter to ``Lumbee4891Fairness Act,'' S. 521 and H.R. 1101 (Dec. 14, 202448924893    The INTER-TRIBAL COUNCIL of the FIVE CIVILIZED TRIBES--A Resolution4894Opposing Federal or State Recognition of Groups that Claim to be Tribal4895Nations by Circumventing the Office of Federal Acknowledgement4896Resolution No. 22-1448974898    TRI-COUNCIL OF THE UNITED KEETOOWAH BAND OF CHEROKEE INDIANS THE4899EASTERN BAND OF CHEROKEE INDIANS AND CHEROKEE NATION--Resolution # 3-490022--A RESOLUTION OPPOSING FEDERAL OR STATE RECOGNITION OF GROUPS THAT4901CLAIM TO BE TRIBAL NATIONS AND SEEK TO AVOID OR CIRCUMVENT THE4902DEPARTMENT OF INTERIOR'S OFFICE OF FEDERAL ACKNOWLEDGEMENT PROCESS49034904    BLACKFEET NATION--Resolution No. 133-2023--Resolution in support of4905the ``Opposition to federal or state recognition of the ``Lumbee4906Tribe,'' ``MOW A Band of Choctaw,'' or any other group claiming to be a4907tribal nation that seeks to circumvent the Department of the Interior's4908Office of Federal Recognition Process.49094910    GREAT PLAINS TRIBAL CHAIRMAN'S ASSOCIATION March 8, 2022 letter to4911Please Preserve the Integrity of the Federal Acknowledgement Process49124913    Opposition to the ``Lumbee Recognition Act'' (S. 1364) letter on4914behalf of the United Indian Nations of Oklahoma, Kansas, and Texas4915(UINOKT) 12/16/202149164917    GREAT PLAINS TRIBAL ASSOCIATION, INC.--letter asking acknowledgment4918as a Tribal Nation to the Lumbees in North Carolina and circumvent the4919Office of Federal Acknowledgment (OFA) administrative process at the4920U.S. Department of the Interior. December 4, 202049214922    Eastern Band of Cherokee Indians/Shawnee Tribe letter requesting4923that you defer consideration of groups seeking federal acknowledgment4924to the Department of the Interior's Office of Federal Acknowledgment4925(OFA). March 10, 202249264927    FORT SILL--CHIRICAHUA--WARM SPRING--APACHE TRIBE letter Opposing4928the ``Lumbee Recognition Act'' (S. 1364) January 5, 202249294930    Fort Belknap Indian Community--letter Opposing the ``Lumbee4931Recognition Act'' (S. 1364) December 16, 202149324933                                 [all]