Published Each Thursday Since January 18,1973
?. j
I ? II ? #?
Indian Unity Conference
United Tribes of North Carolina
has announced that the 1993 North '
Carolina Indian Unity Conference
will be held in Fayntieville. North
Carolina, March l?th-20th
The site of this year's event will he
the Bowdeeux Convensioo Center
Hoiidary Inn near the Cape Fear
Valley Medical Center on Owens
Drive.
The 1993 Unity Conference theme
will be "North Croliru Indians Ridmg
the Winds of Change in Unity" and
will feature seminars and general
assembles on Federal Recognition,
Indian Education, Economic Devel
opment Strategies tor Indian Com
munities in North Carolina.
Congressional Leaders and state
elected officials have been invited to
attend and Governor James Hunt is
expected to speak at ooe of the gen
eral sessions.
County and City leaders in Indian
Communities are expected to attend
and Senator Daniel Inouye, Chair
man of die Select Committee on In
dian Affairs in Washington, DC has
been invited to attend.
The conference will also feature an
Awards and Scholarship Banquet at
which outstanding Indian leaden
state wide will be recognized in edn
catipn, business, and special com
munity service
Scholarships will also be presented
to several outstanding Indian youths
in their time of need to help with
college expenses.
Another highlight of the confer
ence wtU be an exposition of Ameri
can Indian Txleiit focusing on Tcadi
tional Indian art forms. Also piaaned
is a statewide Miss Indian North
Carolina Pageant.
The event will also feature a pow
wow and will make available to the
public through Indian traders authen
tic American Indian crafts to sell.
The cost to attend the three day
event is $75.00 fer registration Ban
quet tickets will be on sale to the
public who will be attending the ban
quet only for S30 per person Ban
quet tickets cannot be purchased
after Thursday at 5 p.m. Local Indian
Center directors can be contacted for
ticket purchases to the banquet.
An adult, and separate youth dance,
will be told after the banqwuet Fri
day aight and adnuseion will be
changed at the door.
This 1993 N.C. Indian Unity Con
ference is open to the pubttc. but
seminars and general assemblies. The
S7S tegiatraUqp to the c^Uhrance
mchides coat for the Banquet and
Saturday morning breakfast Senior
citizens and youth will be charged
S45 fcr registration
For more infbrmatioo about the coo
office or urban Indian center. Dead
line to avoide late registration foes is
Match 1.1993.
rm w "in " I
To Subscribe
fall
521-2826
Today!
Federal Recognition: What It Really Means
by Cynthia L. Hunt, Indian Law Unit, Lumbee River Legal Services
Ob January 5,1993 Congressman Charlie Raw introduced a Mil, H.R.
334, ia the House of Representatives to extend federal recognition to the
Lumbee Indian Tribe. This article is the first ia a series af articles that
will discuss issues regarding federal recognition. The porpow of this
article ia to deacribe the general aspects af federal recognition, and state
the coouoqueaces for the Lumbee, if this bill to passed. Federal
recognition aseaassoaMthiag difference to each tribe, and each tribe has
a great deal ta say ia defining exactly what it Means. The legal
significance af federal recegaitiea af an Indian tribe can be discussed
broadly nader three main tepks: (1) Tribal Savereignty (antberity or
rale), (2) Federal Trnst Responsibilities, and (3) Eligibility for Federal
Benefits and Services. Tribal savereignty will be the feens af this article.
TRIBAL SOVEREIGNTY (AUTHORITY OR RULE)
Federal recognition means that the federal government acknowledges the
quasi-sovereignty of an Indian nation, entitled to deal with the federal
government and other governments on a government to government basis.
As a sovereign nation, Lumbee will have the power and authority to establish
and maintain its own government . Federal law acknowledges that tribes can
adopt whatever form of government meets their needs. Tribes are not
required to adopt forms of government patterned after the United States
government. They also have the authority to determine the membership of its
people, to carry on relations with other governments, and to pass and carry
out laws affecting its people and others who come within the territorial
operations of its laws
TRIBAL CONSTITUTION
In determining the form of its government, the newly recognized tribe
would have to have a tribal constitution. The tribe's constitution represents
the document creating the tribal government and the grant of power by tribal
members to their government. Generally speaking, American Indian tribes
j have adopted a republican form of government, with an elected tribal council
acting as the legislative, judicial.aad executive branches of the government,
and with a council chainnan elected either by tribal members or by vote of
:the council. Although each tribal constitutioa is unique, coosritubons usually
?contain the following provisions: the preamble, a definition of the tribal
territory, a statement defining tribal membership, an enumeration of the
powers granted to the tribal government, provisions that establish the tribal
form of government, a bill ofrigbts protecting tribal members from abuses
.by the tribal government, and a statement of the tribe's cultural values and
benefits.
In 1984, under a tribal referendum conducted by LRDA, less than ten
percent ofthe enrolled membership ofthe tribe voted to empower the LRDA
Board of Directors to represent them for the purpose of federal acknowledg
ment until such time as a Tribal Council was elected. This means that the
enrolled members of the Lumbee Tribe may form and elect a tribal council
at any time. It does not mean that the tribe must wait unti I it becomes federally
recognized to elect a tribal council. Under H.R. 334, the Lumbee tribe is
required by law to adoptaconstitution and by4aws. Tribal members will play
an important role in determining how its tribal constitution is structured.
They will participate m the drafting ofa tribal constitution, and be given the
opportunity to vote on the adoption of the constitution This allows tribal
members to decide how its government will function and operate. Triable
members will be the ones to decide how much authority will be transferred
to the tribal government. The Secretary of the Department of the Interior will
issist the tribe in the drafting ofthe constitution and by-laws. Any constitu
ion adopted by the tribe will also have to be approved by the Secretary.
Tribal Membership
Lniliiui tribes have an inherent right to determine their own membership. The
Lumbee adopted an enrollment criteria in the 1980's. This criteria requires
Bn application showing descent from base rolls dating from the turn ofthe
Bentury and maintenance of tribal relations (for example, continuous social
and other contact with the home bate of the tribe). According to the current
bill, until the Lnmbee adopt a constitution, the membership of the tribe will
coneiet of every individual who is named in the tribal membership toil that
is in effect on the dale the bill i* passed. A review of the roll will be limited
to verification of compliance with the adopted membership criteria of the
tribe.
The bill alao contains a provision which gives any individual enrolled in
another Indian group or tribe in Robeson or adjoining counties the opportu
nity to enroll with the Lumbee tribe. The constitution for this purpose
However, the individual must be eligible for enrollment in the Lumbee, and
the individual has to have abandoned membership in any other Indian group
or tribe.
It is important to note that H.R. 334 includes a provision that allows any
group of Indians in Robeson or adjoining counties under the federal
acknowledgment process (25 CFR Part S3) for acknowledgment of tribal
Jurisdiction
Jurisdiction is the power to make and apply laws. It is one of the inherent
attributes of tribal sovereignty. While the extent of a tribe's jurisdiction
depends somewhat oa the manner in which the tribe came to be recognized
by the federal government, there are three basic limits on tribal jurisdiction:
A. Territorial
B. Subject-matter, and
C. Tribal Affiliation
Jurisdiction-Territorial Limits
Tribal criminal law is limited in application by federal law to "Indian
Country," which is defined in title 18 of the United States Code, section 1151,
as "(A) all land within the limits of any reservation.... (B) all dependent
Indian communities..-, and (Q all Indian allotments Tribal civil law is
generally limited to this same area of operation, except that matters relating
solely to status of people as members or to matters of tribal property
depending on tribal membersbip need not be limited in this way.
Jurisdktioo-Subject-Matter Limits
Subject - matter limits refer to what kinds of law the tribe is not allowed to
apply. The main subject-matter limits affecting American Indian tribes are
in the area of criminal law. The Major Crimes Act. for instance, provides
that the federal courts, not tribal courts, have jurisdiction in criminal cases
involving any of 14 serious crimes. The tnbal government has no jurisdic
tion to make law concerning these crimes Public Law 280 is another limit
on tribal jurisdiction: If the tribe has consented and if the state in which the '
tribe is located elects to do so. the state is permitted by Public Law 280 to
assert full criminal and civil jurisdiction within the territory of the tribe, i"
Jurisdiction-Tribal Affiliation Limits
This limit, principally derived from the Indian Country Crimes Act, means
that (except for certain serious federal crimes), the tribal courts have
jurisdictiaa to make and enforce criminal laws against Indians committing
violations of the tribal crimes within the tribal territory against another
Indian or against a non-Indian, but the state has jurisdiction to apply its laws
in its courts when an Indian commits a violation of state law off the
reservation against anyone. The United States Supreme Court in 1978 ruled
that tribal courts do not have jurisdiction to punish non-Indian violating
tribal laws.
In civil matters, when both praties are tribal members, tribal courts have
exclusive jurisdictiaa. The tribal court also has jurisdiction when an non
Indum sues mlndim member hbout a matter arising in Indian Country. But
when ? '?*?? sues a non-Indian about any matter, it seems that both the
tribal court md that suae court have jurisdiction, and one or the other will
be responsible for the case depending on which court acts first
*? t
Tribal courts lack jurisdiction over matter* thai involve only aou-tadlaa. As
to tribal jurisdiction over members outside the tesrilaty of dm tribe, dkeufeal
court will uwsily have jurisdiction over such internal aflUn m IHW
membership, elections, referenda, property distributions, and ofesr ?ch
affairs 7nar i mail hn t it naj ilnliaiijMiailrHearnemaaeilffeeae
matters. One exception to this general rale is found in fee Indfen CUM
Welfare Act, the basic purpoae of which is to pant the tribe puufer oeuhut
over the disposition of member children. The Act aleo provides feat SUUB
conru ate to defer to tribal courts in certain child custody caassevuufeou^l <
the problems arise beyond the territory of the tribe.
In respect to the Lumbee. under H.H 334 dhe State of Nos* CatuMna if
permitted to retain criminal and civil jurisdiction audi sarh thus as dw tribe
request such juriadictioa bach. The bill tnciadas a provision femsrio a s fee
tribe toreqeest such jurisdiction bach ftoat fee state, For example, if at aoem
point, the tribe were to eelnbtish a tribal oourt. and adept laws to poewnufefe
See Federal Recognition Page 2
A Contribution And Farewell To A
Lumbee Elder: Mr. Claude Lowry
During our life, then are many
people we get acquainted with and
admire But seldom is there one who
we can label as a spiritual warrior
ami champion of the faith The
reason is that time are not many
JKMMV
However, cue such parson, Claude
Lousy, can be gtvee this corranen
datioo. As a husband, fetber. teacher,
and Christian, he was a beacoa to the
I .ypufrff community.
Never tirina for knowledge, he
* a ?U? w iM BAU^g B^^B
drank coostaatly from the word of
God and American Indian history.
Many hours were devoted to reading
and dedicating Both increased his
wisdom. Daily he struggled with the
pain of being a widower. He lived
alone. But the Lord came and took
him to glory oe Jan. 7,1993. Now he
is at home with his wife and other
saints.
Being 93 years old what contribu
tions can our community offer to Mr.
Claude Lowry? There are eleven.
C- He was a challenger Many times
as be taught the Sunday School aduJt
class be challenged their wisdom of
the world with the scriptures. He
motivated people to dunk.
L- Recognized as a leader, he was
sought out by others to hear him
reveal the history of the American
Indian. He was honored by die com
munity and received the Henry Berry
Lowrie award.
A- His ability to challenge and lead
waa a hallmark of courage and brav
ery. He had the keea insight to there
his knowledge and wisdom whh oth
ers.
U- Having a broad range in knowl
edge. he was universal He was
whole and holistic
IV A man of dedication he was As
s man of God. his dedication was
focused on living a godly life. He
loved God. Ma church, and others.
E- He was an educator. Seeing the
need to push his pupils (school and
church) to new horizons, he was
apaiked with a Ml to educated
otheri HfcaharpwiadOMMdgMk
knowledge wu recognised by ah
Ha wm bieaeed with extraoadlaary
Mm. He could hold hieowe Many
subject matter.
ml) mi body.
tnuta were the key to ? long. noae?
? II ledkii *mA
WUiiOjr? UB BVHNI
ueyedfteeh in hie mind ae he obeyed
the will of God.
W- He campaigned m a warvior.
Full of wit, he had t Mel to Aaaa it
with thoae ha Mi He Ml Aal
felUfc.
the importance of ttvhg a riJMeoua
life Aa a rule of thumb he teak hie
children* ihMihaiwjIunday. t%
man who chaaa to tnvel the attaint
and aenow path. Often he Mked
othera to join Mm oa thai apMhml
journey. He apobeouiferiheil^*
of American Indiana.
Y- Even-though he wae an old amn,
hcmU hadayouthfhf mind Hewaa
eager ?o lean aaoreeacbdby. Meey
houre were epeat in hi tying hie attad
bueyaahereaifaadalediadieabdy.
Mr. Claude Lowry left oer caaunu
tuty much u a eider Wehavebaea
Ll ^ A_r? maaL A IUIA
WCIiCfl 10 DftVC fUCB I IIMpi Wf
legacyon into fee Mem. Aaaigbty
spiritual warrior aad cbaeagioa of
the faith are traits he left ua. Ml hie
ae%ari* Mall Atuolte imnaa ue
spin i niu owe lis Among v.
by MUerdOtiiMi.Jhi.