Historical Context of Tribal Recognition
Federal recognition of tribes in the United States establishes a political relationship between sovereign tribal nations and the federal government. This framework historically enabled land acquisition through treaties during America's early development, when the government compensated Revolutionary War soldiers with land bounties due to limited funds. Subsequently, indigenous lands were utilized to finance various conflicts, including the Indian Wars.
Early Contact and Survival
Initial European contact with tribes occurred along the East Coast from New England to Florida, and in New Mexico during the 16th century. English colonization eventually dominated historical narratives, often marginalizing Spanish influences. During the 16th and 17th centuries, approximately 250,000 Native Americans were enslaved and transported to locations including the Caribbean, Spain, and Portugal, with some eventually returning to Virginia and North Carolina colonies.
These early contact tribes faced enslavement, displacement, disease outbreaks like smallpox, and violence, facilitating land acquisition without formal treaties. Congressional action in 1871 controversially terminated presidential treaty-making authority with tribes under Article II.
The Lumbee Tribe's Resilience
Despite these challenges, the Lumbee Tribe persisted, finding sanctuary in swamp regions of North and South Carolina. North Carolina granted state recognition in 1885, while federal agencies including the Smithsonian conducted research documenting tribal history and artifacts. Early assessments like the 1880s McMillian Report examined state versus federal recognition options.
In 1956, Congress passed legislation federally recognizing the Lumbee Tribe as Indians, though this occurred during the Termination Era when federal policy aimed to dismantle tribal governments. Consequently, the legislation excluded typical benefits afforded to fully recognized tribes.
Recognition Challenges and Political Dynamics
Following the Termination Era, the Tribe pursued full federal recognition but faced legislative barriers preventing executive action from granting benefits. A 2016 Interior Department memorandum suggested executive branch recognition pathways, though legal constraints remained. Assistant Secretary for Indian Affairs Kevin Washburn, a respected law professor, contributed to this interpretation, which some viewed as narrowly constructed but potentially helpful given the Tribe's ambiguous status.
Opposing interests insisted the Tribe pursue recognition through the Office of Federal Recognition (OFR), established in 1978, despite awareness that legislative restrictions made this ineffective. Since its inception, only 18 tribes have achieved recognition through OFR, with processes often spanning decades. Notably, the Pamunkey Tribe—associated with Pocahontas—gained recognition in 2015 through legislation rather than OFR procedures.
Political Engagement and Breakthrough
The Lumbee Tribe's bipartisan political influence, particularly in North Carolina swing elections, attracted presidential attention. Multiple candidates including Kamala Harris and Joe Biden promised federal recognition without substantive action. During his 2025 administration, President Trump issued an executive order directing exploration of recognition pathways, marking unprecedented presidential follow-through.
North Carolina senators repeatedly introduced recognition legislation without success until 2024, when Senator Tom Tillis proposed new bills. With presidential support, the Lumbee Fairness Act was incorporated into the 2026 National Defense Authorization Act. The House passed the measure 312–112 on December 10, 2025, followed by Senate approval 77–20 on December 17, 2025. President Trump signed the legislation the next day, establishing the Lumbee Tribe as the 575th federally recognized Native American tribe.
A Surreal Achievement
After 137 years of advocacy, tribal members described the recognition as "surreal," emphasizing its significance for cultural identity, historical validation, and worldview affirmation. Despite prolonged exclusion from federal recognition, the Lumbee Tribe maintained cultural heritage and unity throughout their journey.
