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Lumbee Tribe federal recognition bills in conflict on gaming rights

Tuesday, September 6, 2016


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The Lumbee Tribe of North Carolina is finally getting a chance to make its case for federal recognition as questions about gaming loom on Capitol Hill.

Chairman Harvey Godwin, Jr. will be appearing before the Senate Committee on Indian Affairs in Washington, D.C., on Wednesday. He is testifying on S.2285, the Lumbee Recognition Act, a bill that repeals a termination-era law and extends full recognition to the tribe.

S.2285, which was introduced in the Senate in November, authorizes the Bureau of Indian Affairs to place land in trust for the tribe. It states that any such lands are eligible for gaming under the Indian Gaming Regulatory Act.

H.R.184, which was introduced in the House in January 2015, also authorizes the BIA to place lands in trust for the tribe. But it bars the tribe from engaging in gaming on newly acquired trust lands.

“The Senate committee in the past has viewed gaming to be a right for recognized tribes,” attorney Arlinda Locklear, who is a Lumbee citizen, told The Robesonian. “The provision allowing gaming was probably added to the present Senate bill because it has historically been the pattern of the committee to accept gaming. “

Despite the difference, Rep. Richard Hudson (R-North Carolina), the sponsor of H.R.184 told The Robesonian that he welcomed the hearing on the Senate bill. His version has not received a hearing.

Historically, the Lumbee Tribe's federal recognition bills have faced opposition from the executive branch. But the Obama administration, in a major shift, endorsed the effort back in 2009.

The Eastern Band of Cherokee Indians, however, remains strongly opposed and has questioned the Lumbee Tribe's legitimacy. The Eastern Cherokees own two gaming facilities in North Carolina.

Congress has not passed a stand-alone federal recognition bill since the mid-1990s and recognition bills, in general, remain a tough sell on Capitol Hill, with lawmakers typically citing concerns about gaming. Yet gaming prohibitions have not helped other tribes gain recognition through the legislative process.

Read More on the Story:
Senate panel to discuss Lumbee recognition (The Robesonian 9/6) Related Stories:
Senate Committee on Indian Affairs holds first hearing since break (9/6)