GOP freshman Richard Hudson will guide legislation seeking federal recognition for Lumbee tribe

Reporter - Ali Rockett

PEMBROKE - Tribal leaders are reviewing a draft bill seeking federal recognition for the Lumbee Tribe of North Carolina in hopes of introducing the legislation next month.

Chairman Paul Brooks and several Tribal Council members recently met with U.S. Rep. Richard Hudson of Concord, whose 8th Congressional District is home to most of tribe's 55,000 members.

Hudson, a freshman Republican, has taken the mantle from Democratic Rep. Mike McIntyre, whose 7th District no longer includes parts of Robeson County where the tribe is based.

Since 2003, the Lumbee recognition bill has been the first piece of legislation introduced by McIntyre within days of a new session of Congress opening. While McIntyre has trumpeted his continued support for the bill, he has deferred to Hudson.

"Congressman McIntyre suggested that I take the lead since the Republicans are the majority in the House," Hudson said. "We are both committed to seeing this through."

Hudson said that in his recent meeting, tribal leaders proposed some changes that they are working on.

Brooks declined to comment Monday, saying that he wanted to communicate with the rest of the council and its federal recognition committee before making a public statement.

The Lumbees have sought federal recognition since 1888. Congress recognized the tribe in 1956 but denied its members financial benefits afforded to other federally recognized tribes.

In 1989, the Lumbees petitioned the Bureau of Indian Affairs for full federal recognition. But the solicitor general said that because of language in the Lumbee Act of 1956, the tribe could only be recognized through an act of Congress - which hasn't happened in more than 20 years, according to Arlinda Locklear, a tribal member and lawyer who has spearheaded the tribe's efforts in Washington for years.

"Right now, the prospects are daunting," Locklear said. "Congress hasn't recognized a tribe in over 20 years. And it's gotten more difficult to pass legislation."

Locklear no longer represents the Lumbee Tribe in Washington but is working with six or seven other tribes in different stages of the federal recognition process.

Locklear said she thinks it is unlikely that any bill recognizing the Lumbees will pass through the Senate Committee on Indian Affairs or the Natural Resource Committee in the House.

The Senate committee is headed by Democrat Maria Cantwell of Washington, where there are several tribes that oppose federal recognition, Locklear said. And the ranking Republican leader, Sen. John Barrasso of Wyoming, opposes any recognition bill. Typically, senators defer to their party leaders, Locklear said.

"Indian legislation is particularly difficult because it is not deemed important enough for discussion on the Senate floor," Locklear said.

In the House, Locklear said, the committee chairman, Rep. Doc Hastings of Washington, has "vigorously opposed these bills, including the Lumbee recognition bill."

Hudson, who was elected to his first term last fall, said he hopes to introduce a bill in the House in April - three months after the new session of Congress opened - with a companion Senate bill to follow, sponsored by North Carolina Sens. Richard Burr and Kay Hagan.

"I plan to introduce legislation with Sen. Burr this Congress to bring full recognition to the Lumbee Tribe, which is the only federally recognized tribe in the country forbidden from accessing key federal programs that would improve their quality of life and create jobs in the Lumbee community," Hagan said in a statement. "I will continue working with members of North Carolina's congressional delegation to advance this legislation."

Locklear said the delay "is obviously an indication of change in politics."

But she said it's not necessarily a bad thing; other tribes are waiting, too, she said.

Hudson said he "wants to introduce the legislation when it has the best chance for success, which includes garnering support from the entire North Carolina delegation."

That is another sticking point in the Lumbees' quest, Locklear said - division within the delegation. Representatives from western North Carolina, where the Eastern Band of the Cherokee is based, have opposed Lumbee recognition.

Federally recognized tribes fear that if another tribe is added to the mix, their share of federal money will decrease.

A report by the Senate Committee on Indian Affairs, looking at a 2009 version of the Lumbee recognition bill, said the tribe would receive $786 million over four years for education, health care and economic development.

Hudson said he plans to introduce legislation similar to McIntyre's past bills. But he does not give weight to the argument that other tribes will receive less.

Gaming is not included in his version of the bill, Hudson said.

Hudson said he hopes his good standing with key Republican leaders and Democrats in the House will help the legislation pass.

"Ultimately, this is an issue of fairness," Hudson said. "The Lumbee tribe has been treated different than any other tribe. It's unprecedented."