Lumbee Tribe poised to gain federal recognition through Defense bill

After decades of political struggle, the Lumbee Tribe of North Carolina stands on the precipice of achieving federal recognition through the National Defense Authorization Act (NDAA) scheduled for a House vote this week. If approved, the Senate could finalize the legislation as early as next week, potentially ending a multi-generational quest for acknowledgment.

Federal recognition would transform the Lumbee’s status, granting them access to critical federal funding, Indian Health Service resources, and the ability to place land into trust—rights they have sought for generations. The tribe, with nearly 60,000 members, represents one of the largest unrecognized Indigenous communities in the United States.

The Lumbee’s journey has been particularly contentious within both Native American communities and Washington political circles. Their cause gained significant momentum during the 2024 presidential campaign when both Donald Trump and Kamala Harris promised recognition while competing for votes in the battleground state of North Carolina.

Trump, who ultimately won North Carolina by more than three percentage points, followed through by issuing an executive order directing the Interior Department to develop a recognition plan for the Lumbee Tribe. This plan was delivered to the White House in April, though the administration has declined to release it publicly, instead advising the tribe to continue pursuing recognition through Congress.

“It comes up every four years because North Carolina is a battleground state and the Lumbee represent tens of thousands of people,” noted Kevin Washburn, former assistant secretary of Indian Affairs at the Interior Department and current professor at UC Berkeley School of Law. “It’s the first time either the White House or the candidates for president have been so engaged in a federal recognition case.”

The Lumbee’s situation is complicated by their partial recognition in 1956, when Congress acknowledged the tribe but explicitly denied them the federal resources provided to other recognized tribal nations. This legislative peculiarity led to their application being rejected for consideration in the 1980s through the Office of Federal Acknowledgement, the federal agency that typically evaluates tribal recognition claims.

“Only Congress can for all time and for all purposes resolve this uncertainty,” Lumbee Tribal Chairman John Lowery testified last month before the Senate Committee for Indian Affairs. “It is long past time to rectify the injustice it has inflicted on our tribe and our people.”

Opposition to the Lumbee recognition remains strong from some quarters, including from other tribal nations. Critics argue that the Lumbee’s historical claims have shifted over time and question whether they can demonstrate descent from a historical tribal entity—a standard criterion for federal recognition.

Michell Hicks, chief of the Eastern Band of Cherokee Indians, expressed concern about the process, stating, “A national defense bill is not the appropriate place to consider federal recognition, particularly for a group that has not met the historical and legal standards required of sovereign tribal nations.”

The inclusion of the Lumbee recognition in the NDAA—typically a bipartisan bill outlining the nation’s defense policies—adds another layer of complexity to the situation. This year’s NDAA has taken on heightened political significance as Defense Secretary Pete Hegseth faces scrutiny over military operations near Venezuela’s coast.

If successful, this legislative maneuver would bypass the typical federal acknowledgment process administered by the Interior Department, which requires tribes to satisfy seven mandatory criteria, including continuous existence as a distinct community and political authority over tribal members since historical times.

The Lumbee case highlights the often political nature of tribal recognition in the United States. While dozens of tribes have gained recognition through legislative actions rather than administrative processes, the Lumbee’s path has been particularly visible due to their size and location in a politically competitive state.

As Congress prepares to vote, the outcome will determine whether one of the longest-running campaigns for tribal recognition in American history finally reaches conclusion, potentially transforming the future of tens of thousands of Lumbee people across North Carolina.