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Lumbee Indians
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Lumbee Indians
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Bradley H. Patterson Files (Ford Administration)
Bradley Patterson's Native American Programs Files
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Indians of North America
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The original documents are located in Box 3, folder "Lumbee Indians" of the Bradley H.
Patterson Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 3 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library
LRDA
MAIN OFFICE
(919)521-9761
Lumbee Regional Development Association. Inc.
East Main Street
P. O. Box 68
Pembroke, N. C. 28372
ANNEX
(919)521-2401
June 9, 1976
JAMES II. WOODS
Chairman
Honorable Charlie Rose
JOHN R. JONES
Congress of the United States
Vice-President
7th District of North Carolina
House of Representatives
CURT LOCKLEAR
Treasurer
1724 House Office Building
Washington, D.C. 20515
MARY L. LOCKLEAR
Secretary
Honorable Robert Morgan
U.S. House of Representatives
KENNETH R. MAYNOR
Washington, D.C. 20202
Executive
Director
Honorable Jesse Helms
U.S. Senate Building
ERALD CERALD R. FORD
Washington, D.C. 20202
Gentlemen:
For sometime now we have been requesting assistance from the DHEW
for adequate funding to sustain a respectable level of grantee administra-
tion, planning, and services for the Lumbee Indians. Our efforts have been
in vain.
I feel it unnecessary in this letter to you, our distinguished con-
gressional delegation, to list the problems and needs Indian people have
in Robeson and our adjoining counties. As we have struggled these past
years to build a viable organization for our people, we have encountered
many obstacles but have managed to survive. We are looking ahead to our
future and our relationship with the federal government. And, while we do
not desire to depend or look to the federal government for all our needs,
we feel it necessary to insure that our people have equitable access to
those programs and resources available to Native American.
It is our contention that we have been denied equitable treatment
and funding from DHEW. For example, let us look at the Office of Native
American Programs directed by Dr. George Blue Spruce. If you will refer
to attachments #2 and #3, you will find a list of grants made by ONAP
to Indian organizations other than Indian urban centers. From this list
you will note that the Lumbees comprise the second largest service po
pulation of all 92 grantees but receive the lowest level of funding.
)
the average, ONAP is expending $45 per person. Some tribes receive as high
$225 per person. We receive $7 per person - a gross disparity in funding
"Land of the Lumbee"
Messrs. Rose, Morgan, Helms
June 9, 1976
Page 2
particularly if you look at other grantees with a service population
near that of the Lumbees.
I would like to note at this point that we have requested from
ONAP a listing, such as the ones attached, of all ONAP grantees and
their funding level. We were told there was not one - obviously to
prevent us from knowing the distribution of funds to Indian organiza-
tions compared to that of our own funding level.
We currently use our ONAP funds to support LRDA Administration
over programs, grantee planning, and in the area of community develop-
ment. And, with the addition of our CETA program and other programs,
our organization needs have grown tremendously. At the present time,
we do not have enough support from ONAP to effectively administer our
programs, conduct the level of planning that desparately needs to be
done, as well as provide services to those of our people in dire need
of help. We are seriously handicapped and need the additional help from
ONAP.
We are well aware of the efforts being made by the National Congress
of American Indians, United Southeastern Tribes, the Eastern Band of
Cherokees, and others to prevent us from being funded under ONAP as well
as other HEW programs such as Title IV, Indian Education Act, P.L. 92-318
They have also actively sought the prevention of the ammendment to the
Lumbee Bill. In each of these programs, ONAP and Title IV - Indian Educa-
tion, opinions from the general counseloffice has been made available
clearifying our eligibility to receive support under these programs. See
Attachment 4, 5, and 6. Yet, these organizations have continued to per-
sist in their efforts to have us cut off from these programs as well as
other programs. (I might also note that while the Lumbees have been the
target of this harassment, the overall desire of these organizations is
to prevent all "non-federally recognized Indians" from receiving federal
support under these programs.)
United Southeastern Tribes has now pending before the General
Accounting Office a bid protest which questions the legal funding
of LRDA under ONAP with respect to P.L. 84-570, the Lumbee Act. In 1975,
USET had submitted a bid to ONAP for a training and technical assistance
contract. Although having received a high rating on this bid, USET was
determined by ONAP to be unresponsive to compliance requirement because
they had refused to served the Lumbee Indians under this proposed con-
tract. It is our understanding that GAO will be looking further at P.L.
84-570, the Maynor VS. Morton Court decision, and our legal history to
determine whether or not the Lumbees are eligible for ONAP assistance.
All these developments have created an unfavorable constraint upon
our negotiation with the federal government - particularly the Office
of Native American Programs and the Office of Indian Education where our
Messrs. Rose, Morgan, Helms
June 9, 1976
Page 3
funding has more clearly been affected by the anti-Lumbee position
pursued by these organizations and other persons within DHEW.
We feel that DHEW has attempted to avoid widening the division
that already divides this country's Indian population by geography
and status. But at the same time, the funding decisions of DHEW, in
regards to the Lumbee's are, we feel, grossly inequitable and possibly
influenced by pressures from these organizations.
We call on your assistance. If at all possible, we would like
for representatives from LRDA to meet with each of you in conference
to more fully present our position and discuss steps that could be
taken to rectify some of these problems we are encountering.
Mr. Micheal Smith, an intern with Indian Claims Commission, will
be contacting each of you for scheduling this conference.
If you have any questions, please feel free to call Ruth B. Locklear
at (919) 521-9761.
Thank you.
Sincerely,
James H. Woods, Chairman
LRDA Board of Director
cc: Attorney General of NC., Hon. Edminstein
Clyde Matthews, DHEW, Civil Rights
Dr. Marrs, Special Assistant to the President
on Indian Affairs
Attachment # 1
LRDA
1AIN OFFICE
919)521-9761
Lumbee Regional Development Association, Inc.
East Main Street
P. O. Box 68
Pembroke, N. C. 28372
NNEX
919)521-2401
AMES H. WOODS
June 9, 1976
Chairman
OHN R. JONES
Dr. George Blue Spruce, Director
Vice-President
Office of Native American Programs
CURT LOCKLEAR
Office of Human Development
reasurer
Department of Health, Education, and Welfare
200 Independence Ave. S.W.
1ARY L. LOCKLEAR
Washington, D.C. 20201
fecretary
Dear Sir:
ENNETH R. MAYNOR
Executive
I am writing you on behalf of the LRDA Board of Directors and the
Director
Lumbee Indians for increased federal support under Title VIII, The Native
American Programs Act, P.L. 93-644. We have made similar efforts in the
past through our executive director, Mr. Kenneth R. Maynor, without success
and now find it necessary to formally petition ONAP for reconsideration
and further examination of this matter.
We are currently funded by the Office of Native American Programs
at the level of $210,000 for a service population of 30,000. Actually,
we are able to meet the needs of less than 1/3 of this population under
our present funding level. I might note at this point that ONAP is current-
1y expending $45 per person in its grants to Indian organization. Yet,
we the Lumbee people, with the second largest service population, receive
the lowest level of funding, roughly $7 per person. And, while we do not
wish to take away from other Indian programs, it is our desire to be fund-
ed on an equitable basis and at the proper level to sustain our operations,
planning, and the development of our communities. In this sense we feel
that our goals are consistent with those expressed by ONAP.
Since being funded by the Office of Native American Programs, LRDA
has experienced tremendous growth with the addition of new programs,
services, and staff. In one program area (manpower) we have been able
to serve our people in three additional counties. Yet, there is need in
these Indian communities outside Robeson County for additional help in
housing problems, community development and organization, education,
social services, economic development, etc. Additionally, we have two
adjoining counties from the state of South Carolina with an estimated
2,000 Indian population - Lumbee - who have petition our office for
assistance.
"Land of the Lumbee"
Dr. George Blue Spruce,
June 9, 1976
Page 2
Director
We would like to see our current ONAP program expanded to accom-
plish several things:
1. Community organization and development in the Indian Communities
in Hoke, and Scotland counties in NC. and in Dillon and Marlboro counties
in the State of SC.
2. Additional administrative support for effective grantee opera-
tions and control over our current programs.
3. Long-range planning in the areas of community health, community
development, mobilization of community and other local resources, economic
enterprises.
4. Program development for HUD programs, EDA, other HEW programs,
and USDA programs,
5. The support of those students whose education now stands in
jeopardy due to the denial of further assistance from the American
Indian Scholarship in New Mexico.
Under our present funding level, as stated before, we are unable
to meet the needs of 2/3 of our population in Robeson County. Since
the majority of Lumbees live in Robeson, there is a definite need for
expanded services and grantee planning that could mobilize other re-
sources to serve this population. But to accomplish this requires additional
resources and a greater level of grantee planning.
Before we begin our application to ONAP for FY'77 we would like an
opportunity to discuss these matters with you. And, at that time, we can
more fully present to you sufficient documentation of the conditions of
our people, the need for additional assistance, and what we would like
to see accomplished in the ONAP program for FY'77
Looking forward to hearing from you.
Sincerely,
James Woods, H. Chairman Weelt
of Directors
cc: Cong. Charlies Rose
Senator Morgan
Senator Jesse Helms
attachment H
NATIVE AMERICAN PROGRAM
- This list is ranked
GUIDELINES:
7-1-75
TRIBAL:
by service population
Service
$/per
Grant #
Grantee
State
1975
1976
Population
Person
L.
9005
ONEO (Navajo Tribe)
AZ
5,250,000
5,250,000
128,123
41
2.
40401
Lumbee
NC
210,000
210,000
30,000
7
3.
90-I-100
Five Civilized Tr. Foundation
OK
762,000
762,000
13,737
55
1. 80993
Oglala Sioux (Pine Ridge)
SD
561,000
561,000
11,500
49
5.
90053
California ITC
CA
557,000
557,000
11,000
51
5. 01251
STOWW (Small Tr. Western Wash.
WA
394,000
394,000
8,483
46
7. 90098
Gila River
AZ
423,000
423,000
8,311
51
3.
90018
San Carlos
AZ
183,000
183,000
8,047
28
3: 90078
Papago
AZ
357,000
357,000
7,668
47
).
00912
Yakima
WA
269,000
269,000
7,480
36
L.
80995
Rosebud Sioux
SD
377,000
377,000
7,403
51
2.
80926
Turtle Mountain Chippewa
ND
376,000
376,000
7,380
51
3.
90066
Hopi
AZ
271,000
271,000
6,418
42
1.
80790
Blackfeet
MT
301,000
301,000
6,159
49
5.
90066
White Mountain Apache
AZ
292,051
292,051
6,144
48
5.
90-I-97
Oklahoma ITC
OK
190,000
190,000
5,525
34
7.
51204
Great Lakes ITC
WI
370,000
370,000
5,123
72
3.
90656
Nevada ITC
NV
296,000
296,000
4,977
59
3.
60385
Zuni
NM
170,000
170,000
4,952
34
D.
80936
Standing Rock Sioux
ND
249,000
249,000
4,892
51
1.
40359
Cherokee
NC
236,000
236,000
4,820
49
2.
22192
Seneca
NY
100,000
100,000
4,700
21
3. 60413
Six Sandoval
NM
210,000
210,000
4,364
48
4. 81052
Shoeshone & Araphao Tribes
WY
189,000
189,000
4,277
44
5.
80966
Cheyenne River Sioux
SD
264,385
264,385
4,232
62
5. 80776
Crow Tribe
MT
201,000
201,000
4,104
49
7.
80811
Fort Peek
MT
182,998
182,998
3,998
46
B. 40524
Choctaw
MS
163,000
163,000
3,309
49
9.
60492
Eight Northern Pueblos
NM
159,000
159,000
3,121
51
0.
90-I-99
No. Central Tr. of Okla.
OK
253,000
253,000
2,954
96
1.
80616
Flathead
MT
123,000
123,000
2,833
43
2. 50673
Leech Lake
MN
200,484
200,484
2,795
72
3.
50664
Red Lake
MN
147,000
147,000
2,761
53
4.
00010
Colville
WA
98,000
98,000
2,732
36
5.
80914
Three Affiliated Tribes
ND
135,000
135,000
2,720
50
6. 50664
White Earth
MN
147,000
147,000
2,659
55
7. 51157
Menominee
WI
120,000
120,000
2,607
46
8. 80815
Northern Cheyenne
MT
120,000
120,000
2,486
48
9. 60457
Laguna Pueblo
NM
89,000
89,000
2,464
36
O.
90049
Salt River
ME
30,000
30,000
2,410
58
1.
90-I-92
Sisseton - Wahpeton Sioux
SD
80,000
80,000
2,120
38
2.
90-I-415
Oneida
WI
91,350
91,350
2,030
45
3.
51508
Michigan ITC
MI
106,000
106,000
1,996
53
4.
80883
Devils Lake
ND
106,000
106,000
1,988
53
5.
90-I-98
Five Central Tr. Shawnee A.
OK
284,000
284,000
1,950
146
6.
60462
Acoma Pueblo
NM
104,000
104,000
1,944
53
7.
90108
Colorado River
AZ
66,000
66,000
1,860
35
8.
60414
Santo Domingo
NM
91000
91,000
1,851
49
FORD
9. 60401
Jicarilla Apache
NM
65,000
65,000
1,797
36
O.
60454
Isleta Pueblo
NM
54
1.
80777
Fort Belhnap
60390
GERALD
97,000
97,000
1,783
MT
97,000
97,000
1,778
55
2.
Mescalero Apache
NM
110,000
110,000
1,695
65
Page 2
GUIDELINES: 7-1-75
Service
$/per
Grant #
Grantee
State
1975
1976
Population
person
3.
90112
Quechan
AZ
115,000
115,000
1,681
68
4.
90-I-704
Kiowa
OK
30,000
30,000
1,601
19
5.
00002
Lummi
WA
73,000
73,000
1,384
53
6.
80096
Ute Mountain Tribe
CO
50,000
50,000
1,354
37
7.
00140
Nez Perce
ID
103,000
103,000
1,303
79
8.
81033
Ute Tribe (Uintah & Ouray)
UT
61,000
61,000
1,301
47
9.
91265
Pascua Yaqui
AZ
100,000
100,000
1,224
82
0.
80955
Crow Creek Sioux
SD
69,000
69,000
1,183
58
1.
80792
Rocky Boy (Chippewa Cree)
MT
66,000
66,000
1,179
56
2.
70009
Omaha Tribe
NE
55,000
55,000
1,101
50
3.
40149
Seminole
FL
56,000
56,000
1,069
52
4.
90059.
Hualapai
AZ
59,000
59,000
1,035
57
5.
00804
Quinanult
WA
56,000
56,000
1,002
56
6.
90-I-90
Aroostock
ME
30,000
30,000
1,000
30
7.
21116
St. Regis Mohawk
NY
30,000
30,000
1,000
15
8.
90-I-96
Cheyenne Arapaho Tribes
OK
165,000
165,000
974
169
9.
00927
Metlakatla
AK
40,000
40,000
953
42
0.
50721
Mille Lac
MN
52,000
52,000
795
65
1.
90-I-103
United Tr. of Kans. & SE Nebra
KA
55,000
55,000
763
72
2.
59671
Fond Du Lac
MN
59,000
59,000
744
79
3.
80064
Southern Ute
CO
106,000
106,000
690
154
4.
50761
Nett Lake
MN
45,000
45,000
675
67
5.
00864
Tulalip
WA
45,000
45,000
659
68
6.
90-1-101
W.C.D. Enterprises
OK
142,000
142,000
632
225
7.
80038
Lower Brule Sioux
SD
45,000
45,000
616
70
8.
00776
Makah
WA
45,000
45,000
566
80
9.
10005
Pasamaquoddy
ME
100,000
100,000
550
182
0.
90-I-95
Penobscot
ME
30,000
30,000
515
58
1.
00111
Couer d' Alene
ID
30,000
30,000
483
62
2.
40158
Miccosukee
FL
30,000
30,000
430
70
3.
90015
Havasupai
AZ
45,000
45,000
374
120
4.
90-I-435
Apache Tr. of Okla.
OK
40,000
40,000
371
108
5.
00857
Swinomish
WA
45,000
45,000
370
122
6.
90-I-436
Pawnee Tribe of Okla.
OK
50,000
50,000
318
157
7.
00778
Quileute
WA
45,000
45,000
301
150
B.
90-1-700
Coushatta
LA
30,000
30,000
284
106
9.
90-I-701
Chitimacha
LA
30,000
30,000
275
109
D.
90-I-102
Kickapoo Tribes of Kanas
KA
59,000
59,000
270
219
1.
70336
Santee Sioux
NE
45,000
45,000
244
184
2.
50679
Grand Portage
MN
45,000
45,000
212
212
Total
$18,809,998
$18,809,998
414,936
attachment
GUIDELINES: 7-1-75
NATIVE AMERICAN PROGRAM
fist runked 12 by person
TRIBAL:
Service
$/2
Grant#
Grantee
State
1975
1976
Population
90-1-101
W.C.D. Enterprises
OK
142,000
142,000
632
225
90-1-102
Kickapoo Tribes of Kansas
KA
59,000
59,000
270
219
50679
Grand Portage
MN
45,000
45,000
212
21
70336
Santee Sioux
NE
45,000
45,000
244
18
10005
Pasamaquoddy
ME
100,000
100,000
550
18:
90-I-96
Cheyenne Arapaho Tribes
OX
165,000
165,000
974
165
90-I-436
Pawnee Tribe of Okla.
OK
50,000
50,000
318
157
80064
Southern Ute
8
106,000
106,000
690
154
00778
Quileute
WA
45,000
45,000
301
150
90-I-98
Five Central Tr. Shawnee A.
OK
284,000
284,000
1,950
146
00857
Swinomish
WA
45,000
45,000
370
122
90015
Havasupai
AZ
45,000
45,000
374
120
90-1-701
Chitimacha
LA
30,000
30,000
275
103
90-1-435
Apache Tr. of Okla.
40,000
40,000
371
103
90-1-700
Coushatta
LA
30,000
30,000
284
106
90-I-99,
No. Central Tr. of Okla.
OK
253,000
253,000
2,954
96
91265
Pascua Yaqui
AZ
100,000
100,000
1,224
82
00776
Makah
45,000
45,000
566
80
00140
Nez Perce
TD
103,000
103,000
1,303
79
59671
Fond Du Lac
HM
59,000
59,000
744
79
50673
Leech Lake
200,484
200,484
2,795
72
51204
Great Lakes ITC
WI
370,000
370,000
5,123
72
3.90-1-103
United Tr. of Kans,& SE Nebr. KA
55,000
55,000
763
72
6.80038
Lower Brule Sioux
SD
45,000
45,000
616
70
540158
riccosukee
FL
30,000
30,000
430
70
.90112
Quechan
AZ
115,000
115,000
1,681
63
7.00864
Tulalip
45,000
45,000
659
65
8.50761
Nett Lake
MN
45,000
45,000
675
67
9.50721
Mille Lac
MN
52,000
52,000
795
65
0.60390
Miscalero Apache
NM
110,000
110.000
1,695
65
.80966
Cheyenne River Sioux
SD
264,385
264,385
4,232
62
.00111
Couer d'Alene
ID
30,000
30,000
483
62
.90656
Nevada ITC
NV
296,000
296,000
4,977
59
.80955
Crow Creek Sioux
SD
69,000
69,000
1,183
58
.90049
Salt River
AZ
140,080
140,080
2,410
58
90-1-95
Penobscot
ME
30,000
30,000
515
58
m.90059
Hualapai
AZ
59,000
59,000
1,035
57
1,00804
Ouinault
WA
56,000
56,000
1,002
56
80792
Rocky Boy (Chippewa Cree)
MI
66,000
66,000
1,179
56
.50664
White Earth
MN
147,000
147,000
2,659
55
90-1-100
Five Civilized Tr. Foundation OK
762,000
762,000
13,737
55
80777
Fort Belhnap
MT
97,000
97,000
1,778
55
,60454
Isleta Pueblo
NM
97,000
97,000
1,783
54
51508
Michigan ITC
MI
106,000
106,000
1,996
53
50664
Red Lake
MN
147,000
147,000
2,761
53
60462
Acoma Pueblo
NM
104,000
104,000
1,944
53
.80883
Devils Lake
ND
106,000
106,000
1,988
53
.00002
Lummi
WA
73,000
73,000
1,384
53
-40149
Seminole
FL
56,000
56,000
1,069
52
80936
Standing Rock Sioux
ND
249,000
249,000
4,892
51
80995
Rosebud Sioux
SD
377,000
377,000
7,403
51
90098
Gila River
AZ
423,000
423,000
8,311
51
80053
California ITC
CA
557,000
557,000
11,000
51
..60492
Eight
Northern Puebles
NM
159,000
159,000
3,121
51
Page
GUIDELINES:
NATIVE MAERICAN PROGRAM
TRIBAL:
Service
$/pe
Grant
Grantee
State
1975
1976
Population
Pers
57.80914
Three Affiliated Triles
ND
135,000
135,000
2,720
50
58.40359
Cherokee
NC
236,000
236,000
4,820
49
59.40524
Choctaw
MS
163,000
163,000
3,309
49
60.60414
Santo Domingo
NM
91,000
91,000
1,851
49
61.80776
Crow Tribe
MT
201,000
201,000
4,104
49
62.80790
Blackfeet
MT
301,000
301,000
6,159
49
63.80993
Oglala Sioux (Pine Ridge)
SD
561,000
561,000
11,500
49
64.80815
Northern Cheyenne
MT
120,000
120,000
2,486
48
65.90066
White Mountain Apache
AZ
292,051
292,051
6,144
48
60413
Six Sandoval
NM
210,000
210,000
4,364
48
2.81033
Ute Tribe (Uintain a Ouray)
UT
61,000
61,000
1,301
47
8.90078
Papago
AZ
357,000
357,000
7,668
47
9.80811
Fort Peek
MT
182,998
182,998
3,993
46
70.01251
STOWW (Small Tr. Western Wash WA
394,000
394,000
8,483
46
21.51157*
Menominee
WI
120,000
120,000
2,607
46
72.90-1-415
Oneida
WI
91,350
91,350
2,030
45
73.81052
Shoeshone & Araphao Tribes
WY
189,000
189,000
4,277
44
74,80616
Flathead
MT
123,000
123,000
2,833
43
75.90066
Hopi
AZ
271,000
271,000
6,418
42
76,00927
Metlakatla
AK
40,000
40,000
953
42
2½9005
ONEO (navajo Tribe)
AZ
5,250,000
5,250,000
128,123
41
78,90-1-92
Sisseton -Wahpeton Sioux
SD
80,000
80,000
2,120
38
79,80096
Ute Mountain Tribe
CO
50,000
50,000
1,354
37
80401
Jicarilla Apache
NM
65,000
65,000
1,797
36
81,60457
Laguna Pueblo
NM
89,000
89,000
2,464
36
82.00010
Colville
WA
98,000
98,000
2,732
36
83,00912
Yakima
WA
269,000
269,000
7,480
36
90108
Colorado River
AZ
66,000
66,000
1,860
35
85.60385
Zuni
NM
170,000
170,000
4,952
34
%90-1-97
Oklahoma ITC
OK
190,000
190,000
5,525
34
90-1-90
Albustock
ME
30,000
30,000
1,000
30
8690018
San Carlos
AZ
183,000
183,000
8,047
28
8922192
Seneca
NY
100,000
100,000
4,700
21
90,90-1-704
Kiowa
OK
30,000
30,000
1,601
19
91.2116
St. Regis Mohawk
NY
30,000
30,000
1,000
15
2.40401
Lumbee
NC
210,000
210,000
30,000
7
Totals
$18,809,998
$18,809,998
414,936
$95
FORD
LEBRARY
attachment #4
MEMORANDUM
DEPARTMENT OF HEALTH. EDUCATION AND WELF.
OFFICE OF THE SECRETARY
OFFICE OF THE GENERAL COUNSEL
Human Resources Division
TO
: Julia V. Taft
April 3, 1975
Deputy Assistant Secretary
for Human Development
FROM
:
Galen D. Powers
Assistant General Counsel
SUBJECT: Eligibility of Lumbee Indians for Funding under the Headstart,
Economic Opportunity, and Community Partnership Act of 1974
You have asked us (1) whether the Lumbee Indians are eligible for
funding under the Native American Programs Act of 1974, Title VIII of
the Headstart, Economic Opportunity, and Community Partnership Act of
1974, P.L. 93-644, January 4, 1975 (hereafter referred to as "Title
VIII") and (2) whether P.L. 84-570 affects their eligibility by
imposing a barrier to funding.
In order to be eligible to apply for and receive assistance under
Title VIII, Native Americans (American Indians, Hawaiian Natives, and
Alaskan Natives) must satisfy the requirements of section 803(a). That
section provides in relevant part:
The Secretary is authorized to provide
financial assistance to public and non-
profit private agencies, including but
not limited to, governing bodies of
Indian tribes on Federal and State
reservations, Alaskan Native Villages
and regional corporations established
by the Alaska Native Claims Settlement
Act, and such public and nonprofit
private agencies serving Hawaiian
Natives, and Indian organizations in
urban or rural nonreservation areas,
for projects pertaining to the purposes
of this title
...
The Lumbees are not 3 Federally-recognized tribe nor do they reside on a
State reservation. They have, however, been recognized by the State of
North Carolina as Indians and would qualify for assistance under this
provision as an Indian organization in a rural ncnreservation area.
The issue then is whether P.L. 84-570 affects the eligibility of the
Lumbee Indians for funding under Title VIII. It is our opinion that it
does not and, therefore, that it imposes no legal bar to funding by the
Office of Native American Programs (ONAP).
2
P.L. 84-570 (June 7, 1956) designates the Lumbees as Indians but
provides that:
Nothing in this Act shall make such Indians
(Lumbees) eligible for any service performed
by the United States for Indians, and none of
the statutes of the United States which affect
Indians because of their status as Indians
shall be applicable to the Lumbee Indians.
An indication of the Congressional intent behind the "services"
portion of this provision is revealed in Senate Report No. 2012, 1956
U.S. Code Congressional and Administrative News, which states that the
Lumbee Indians will not be eligible for any services provided
through the Bureau of Indian Affairs to other Indians." Thus, it appears
that this disclaimer pertains to BIA services only (BIA provides services
only to Federally-recognized Indians; the Lumbees are not Federally
recognized) and is not relevant to a determination of the legality of
funding by DHEW.
It is the second portion of the above cited provision, the "statutes"
clause, which is relevant. This restriction means that any U.S. statutes
which pertain to or have an influence upon Indians because of their
designation, classification, or status as Indians do not apply to the
Lumber Indians.
We have already determined by memorandum of October 18, 1974 to
Dr. George Blue Spruce, Director of ONAP, that P.L. 84-570 does not
preclude funding the Lumbee Indians under the Economic Opportunity Act
of 1964, as amended, because assistance under that Act is predicated on
economic condition rather than Indian status. It is our opinion that this
same rationale applies to the issue of funding under Title VIII. /
Title VIII is part of the Headstart, Economic Opportunity, and
Community Partnership Act of 1974, which is an amendment of the Economic
Opportunity Act of 1964. Section 2 of the Headstart, Economic Opportunity,
and Community Partnership Act of 1974 states that "it is the purpose of
this Act to extend programs under the Economic Opportunity Act of 1964..."
There is nothing in Title VIII or the entire Act indicating that Congress
intended to alter the nature of the program administered by ONAP. The
1/ See memorandum of April 10, 1974 from Harry J. Chernock, Assistant
General Counsel, Education Division to Fred Hundemer, Jr., Contracts and
Grants Division, Office of Education on the eligibility of Lumbee Indians
under the Indian Education Act (P.L. 92-318, Title IV) and other OE programs
wherein a similar legal argument is made to support funding (assistance
based on educational deprivation or linguistic deficiency, not Indian status;
3
legislative history of this Act, in fact, supports the opposite view.
House Report No. 93-1043 (May 15, 1974) states:
The Act authorizes the Secretary of Health,
Education, and Welfare to continue operation
of the Native American Program in the same
manner as that program is now being carried
out under Title II of the Economic Opportunity
Act under a delegation from the Director of the
Office of Economic Opportunity
Senate Report No. 93-1292 (November 20, 1974) states:
A major element for the variety of Native
American projects is overcoming the problems
of poverty
The amount of the basic
grants to reservations is based on the number
of poor residents
The Committee bill
continues the present focus of the Native
American Program
P.L. 84-570 excludes the Lumbee Indians from eligibility for
assistance under statutes which affect Indians because of their status
as Indians, Title VIII does not provide assistance to Indians because
of their status as Indians, but instead provides assistance to Native
Americans because of their economic and social condition. The purpose
of this title (section 802) is to promote the goal of economic and
social self-sufficiency for Native Americans, which includes, but is
not limited to, American Indians. Hawaiian Natives and Alaskan Natives
are also eligible beneficiaries. Any assistance received by the Lumbee
Indians pursuant to Title VIII would be based on their status as a
poverty group (Title VIII and the other titles within the Act continue
the arti -poverty focus of the Economic Opportunity Act of 1964, as
amended), not because of their designation, classification, or status
as Indians. Therefore, the prohibitions contained in P.L. 84-570 would
not affect the eligibility of the Lumbee Indians under Title VIII and
present no legal bar to funding by ONAP.
attachment #5
DEPARTMENT * or MOUSING *
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND
UNIT
WASHINGTON, D.C. 20410
OFFICE OF THE ASSISTANT SECRETARY
IN REPLY REFER TO:
FOR CONSUMER AFFAIRS AND REGULATORY FUNCTIONS
20 APR 1376
Mr. A. Bruce Jones
Executive Director
Commission of Indian Affairs
229-239 Heart of Raleigh Motel
Person & Edenton Street
Raleigh, North Carolina 27603
Dear Mr. Jones:
This is in response to your letter on behalf
of the Lumbee Regional Development Association,
requesting comments on papers assessing the situation
which exists between the Lumbees and the resolutions
of the National Congress of American Indians.
As you know, HUD's mandate is to promote the general
welfare of the nation by assisting in the provision
of a suitable living environment for all citizens,
regardless of race, religion, national origin or sex.
In assisting the Native American population, HUD has
recognized the uniqueness of their status, and has set
forth criteria of eligibility for the creation of
Indian Housing Authorities. is a Federal Agency, HUD
has set these criteria to cover both those tribes which
have sufficient powers of self government to create
their own authorities, and those which must be created
pursuant to state-enabling legislation. Although the
Pembroke Housing Authority was not created through
either of these avenues, its units are allocated from
the Indian housing set-aside, since the town is recognized
as the center of the Lumbee community in Robeson County.
FORD
2
In short, HUD is striving to make eligibility
requirements for its program - in terms of Indian
tribes - as broad as possible. It recognizes that
some tribal relationships with the United States
precede the passage of the Indian Reorganization Act,
and therefore does not intend to narrow its Indian
eligibility factors to just the "Federally-recognized"
tribes.
Sincerely,
Chama
Constance B. Newman
Assistant Secretary for
Consumer Affairs and
Regulatory Functions
attachment # 6
U.S. DEPARTMENT OF LABOR
MANPOWER ADMINISTRATION
OF BRABOM
WASHINGTON, D.C. 20210
APR 8
STATES
Mr. A. Bruce Jones
Executive Director
State of North Carolina
Commission of Indian Affairs
229-239 Heart of Raleigh Motel
Person & Edenton Street
Raleigh, North Carolina 27603
Dear Mr. Jones:
We have reviewed your recent communication concerning the Resolutions 75-46
and 75-54 passed by the National Congress of American Indians.
The Department of Labor provides services to Indians pursuant to the
Comprehensive Employment and Training Act (CETA). This act clearly
provides that all unemployed and underemployed Indians and other Native
Americans, regardless of where they reside, are eligible to participate
in CETA funded programs. We feel that the legislation has established
our position for us and that we are bound, and we intend to administer
the act in accordance with the intent of Congress.
With respect to the Lumbee Indians, we would agree that, while the Lumbees
are not eligible for Bureau of Indian Affairs services, it is difficult
to deny that they have been federally recognized when it was an act of
Congress that, in fact, recognized them as the Lumbee Indians.
We appreciate the opportunity to comment on your paper.
Sincerely,
PIERCE A. QUINLAN
Administrator
Office of Comprehensive
Employment Development
*New Name: Employment and Training Administration
Wachment
CERvantes
copy
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
STATE
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20201
OFFICE OF THE
GENERAL COUNSEL
MEMORANDUM
TO
: Mr. Fred Hundemer, Jr.
Chief, Policy, Procedures and Planning
Branch Contracts and Grants Division
FROM
:
Education Division
OFFICE OF GENERAL COUNSEL
SUBJECT:
Eligibility of Lumbee Indians of North Carolina
to receive grants under the Indian Education Act
of 1972 (P.L. 92-318, Title IV), and other
programs.
This is in response to your memorandum of March 7,
requesting our opinion regarding the above-noted subject.
As we understand it, the question as to the eligibility of
the Lumbee Indians of North Carolina to continue to receive
funds under the Indian Education Act of 1972 (hereinafter
IEA) (P.L. 92-318, Title IV), arose when your office
received a copy of P.L. 84-570, which states in pertinent
part:
Nothing in this Act shall make such Indians [Lumbees]
eligible for any services performed by the
United States for Indians because of their
status as Indians, and none of the statutes
1800
of the United States which affect Indians
THE
because of their status as Indians shall be
applicable to the Lumbee Indians.
Thus, the controlling issue is whether this provision of
P.L. 84-570 affects the status of the Lumbee Indians to
receive assistance under the IEA from the Office of Education.
Mr. Fred Hundemer, Jr. - Page 2
It is our opinion that the provision quoted above does not
affect the eligibility of the Lumbees for such assistance.
I.
In order to be eligible to apply for and receive
ssistance under Parts B and C of the IEA (which are primarily
at issue here) as an Indian tribe or organization, the members
of such tribe or organization must, of course, satisfy the
definition of Indian that appears in section 453 of the IEA.
The pertinent part of this section reads as follows:
For the purpose of [the IEA], the term "Indian
means any individual who (1) is a member of a
tribe, band, or other organized group of Indians,
including those tribes, bands, or groups terminated
since 1940 and those recognized now or in the
future by the State in which they reside, or who is
a descendant, in the first or second degree, of any
such member
P.L. 84-570 on its face recognizes the status of the
Lumbees as a tribe, band or group of Indians; in fact, the
Public Law is entitled "An Act Relating to the Lumbee Indians
of North Carolina." In addition, since 1885 the State of
North Carolina has recognized the group as Indians, although
the name of the group has been changed several times under
state law. More recently, the North Carolina State
legislature granted recognition to the Lumbees and accorded
them "
all rights, privileges and immunities enjoyed
by citizens of the State
" Moreover, the Lumbees
have mandatory statutory membership on the State Commission
of Indian Affairs. 3/ Thus, it is clear that for the purposes
of the IEA the Lumbees are Indians, and are eligible for
assistance under the Act, provided that the applications
submitted thereunder by Lumbee organizations have been approved
by the U.S. Commissioner of Education. Indeed, in approving
applications under Parts B and Section 314 (a) of Part C of
the IEA, the Commissioner must give priority to applications
from Lumbee educational agencies, organizations, and
institutions, as he must to applications under those Sections
from all Indian educational agencies, organizations, and
institutions.
Mr. Fred Hundemer, Jr. - Page 3
Additional support for the conclusion that the Lumbees
are eligible grantees, can be found in the legislative
history of the IEA. In explaining the definition of "Indian"
recommended for adoption (and adopted) the report submitted
jointly by the Senate Committees on Labor and Public Welfare
and on Interior and Insular Affairs states:
The broad definition is used in order to insure
that State-recognized tribes and off-reservation
Indians are included in the definition
(Emphasis added) 5
II.
Since your memorandum goes beyond the IEA in questioning
the eligibility of the Lumbee Indians to receive assistance
from the Office of Education, a brief analysis of P.L. 84-570,
and its effect on OE legislation, seems appropriate.
The purpose of this Act is to recognize and designate
as the Lumbee Indians of North Carolina the Indians living
in Robeson and adjoining counties of that State. The Act
specifically denies the Lumbee Indians eligibility for
receiving services provided to recognized tribes by the
Bureau of Indian Affairs of the Department of the Interior.
Thus, the report on the bill from the Senate Committee on
Interior and Insular Affairs states:
The committee has amended the bill to clearly
indicate that the Lumbee Indians will not be
eligible for any services provided through the
Bureau of Indian Affair to other Indians
At the time this law was enacted (1956) there were no
other U.S. agencies providing direct services to Indians, its
scope was clearly limited to the BIA and the services provided
by that agency. This limitation on eligibility apparently
was provided because at that time the policy of the Federal
government was to terminate the special status of Indian
Mr. Fred Hundemer, Jr. - Page 4
tribes vis-a-vis the government and to eliminate direct
provision of services to Indians by the government, and
there were some juestions as LQ. whether recognition of the
Lumbees might actually create a special status where such
had not previously existed. In the report on the bill
submitted on August 3, 1955 to the House Committee on
Interior and Ipsular Affairs by the Department of the
Interior the following statements appear:
We are therefore unable to recommend that the
Congress take any action which might ultimately
result in the imposition of additional obligations
on the Federal Government or in placing additional
persons of Indian blood under the jurisdiction of
this department
Except for the possibility of becoming entitled
to Federal Services as Indians, the position of
this group of Indians would not be enhanced by
enactment of this bill.
Congress obviously shared these misgivings, and the law was
enacted with the limitation quoted on page 1 above.
In effect, the 1956 Act conferred on the Lumbees
recognition equivalent of termination of any special status
that might be claimed by the Lumbees as a result of this
recognition. It thus would be inconsistent to preclude
the Lumbees from eligibility under the IEA because of
P.L. 84-570, when tribes formally terminated at the same
time that law was enacted are now specifically included
within the definition of "Indian" in section 453 of the IEA.
III.
The conclusion that the Lumbees are eligible to receive
assistance under Office of Education programs is also based
on language in P.L. 84-570, which states:
Mr. Fred Hundemer, Jr. - Page 5
Nothing in this Act shall make such Indians
eligible for any services performed by the
United States for Indians because of their
status as Indians, and none of the statutes of
the United States which affect Indians because
of their status as Indians shall be applicable
to the Lumbec Indians. (Emphasis added.
As discussed in Part II above, the section which speaks
in terms of services performed by the United States for
Indians was apparently intended to apply to the BIA, which
provides many services directly to Indians living on or
near reservations. The IEA on the other hand, provides
under Part A of the Act financial assistance to local and
non-local educational agencies which serve Indian children
(See definitions at 45 CFR 186.2), and under Parts B and
C of the Act provides assistance to a variety of other
applicant groups including Indian tribes, organizations
and institutions (Part B, sections 810 (b), (c), and (e);
Part C, Sections 314(a) and (b)), but does not provide
direct services to any grantee.
The second part of the provision in P.L. 84-570 speaks
of statutes which affect Indians because of their status as
Indians. Unlike the IEA, OE typically provides assistance
for Indian students under programs which do not provide
direct services or funds to Indians because of their status
as Indians, but instead provide assistance to State and
local educational agencies to help them meet the educational
needs of Indian students because these students are, for
example, disadvantaged, handicapped, or of limited English-
speaking ability, and not because of their status as Indians.
It is true that, in regard to statutes such as ESEA,
§103 (a) (1) (A) and §103 (a) (1) (B), the U.S. Commissioner
of Education is directed allot
the amount necessary
to meet the special educational needs of educationally
deprived children on reservations serviced by elementary
KANGNO
Best Possible Scan from Poor Quality Original
Mr. Fred Hundemer, Jr. - Page (i
and secondary schools operated for Indian children by the
Department of the Interior 7BIA schools!. " 2/ To be sure,
this section Fitle affect the Indian school
children on the basis of their status as Indians, but only
to the extent that the Indian children attend schools which
are operated by BIA AS in part (A) on those schools which
are under contract with SIA as part (B) of section 103.
Disc to the exclusion of the Lumbers from the benefits of
BIA programs by P.L. 84-570, no Lumbee children are enrolled
in BIA schools and as such, no problems concerning the
Commissicner's set-aside for the BIA schools arise. To
the extent that Lumber children do receive benefits under
ESEA Title I or Title VII, it is by virtue of their
educational deprivation or their linquistic deficiency, and
not because of any special status conferred upon then as
Indians.
IV.
on the basis of the foregoing, then, it is clear that
P.L. 84-570 has no bearing on the administration of OE
programs providing funds for meeting educational needs of
Indian students, and grants made by OS to Lumbee organizations,
or to local or nonlocal educational agencies which enroll
Lumbee students, are legal.
In answer to your specific questions: 7
1) Grants made by OE under the IEL for fiscal year
1973, which benefit Lumbee Indian students, are legal;
2) No such TY 1973 grants should or can be terminated;
3 and 4) P.L. S4-570 does not appear to affect other
OE programs which benefit Lumbee students because they fall
within the category of beneficiaries to which the program
is directed c.g.o educationally deprived.
Mr. Fred Hundemer, Jr. - Page 7
In addition, it would be inappropriate for you to
continue to 1) withhold further payments on current IEA
grants which support the Lumbees, or 2) delay processing
IEA requests Pros Lumbee applicants for assistance for
fiscal year 1974.
Harry J. Chernock
Assistant General Counsel
for Education
By
Charles Cervantes
Attorney
CC: Mr. McGettrick
Mr. Haefer
Mr. Demmert
Mr. Swett
Best Possible Scan from Poor Quality Original
POOTROTTS
1/ See the Report on H.R. 4656 (which become P.L. HJ-
570) submitted 1%; the Department of the Interior to the
Chairman of the Committee on Interior and Insular Affairs,
in which/Th the trave or grow outlined
briefly.
Lumber Indians of North Carolina, 571-p. General
Statutes 01 North Carolina, (1971), 571-6. Lumbee Indians
01 North Carolina: rights, priviloges, immunities, obligations
andiduties. -The Indians new residing in Robeson and
adjoining counties of North Carolina, originally found by
the first white settlers DD the Lumbee River 10 Roberton County,
and claiming joint descent from remponts of early American
Colonists and certain trabes of Indians originally inhabiting
the coastal regions of North Caroline. shall. from and
after April 20. 4953. be known and designated BE Lumber
Indians of Noith.Carolina and shall continue to enjoy =11
rights, pravileges and immunities enjoyed by them 88 citizens
of the State 35 now provided by law, and shall continue to
be subject to all the obligations and duties of citizens under
the law. (1953. C. 374.)
3' State Commission of Indian Affoirs: membership,
$71-16, General Statutes of North Carolina (1971) $71-16.
Membership: torm of office: chairman: compensation. (=) The
State Commission of Indian Affairs shall consist of the
Speaker of the House Representatives. the Laeutenant Government
the Director 01 the Department of Social Services. Director
of the State Employment Security Commission. Director of
the State Board of Health. the Director of The State
Conservation and Development Department. and the Commisaioner
of Labor. There shall be 12 Indian members tip, the selected
I'}' tribal DI communicy consent: three each from the four
following mariou GROWDS of North Carolina Indians: the Lumber.
the Haliwa, the Sucuan. the Coharse tribes, In
addition, at the discretion of the Commission and at such
time: P15. any other presently group VII groups of
Indians residing to Nouth Carolina MID recognized by the
Commission, the Commission may signat up to these representatives
from such is newly recommined group who demonstrate their
authority 1.5 spoak in the interest of the group they represent
FOOTNOTES - Page 2
4/ IEA, Part B, $810 (c) : Part C, $314 (c)
5/ S. Rept " 92-384 22 92 Cong 1st Sess 5 (1971) -
6/ S. Rept. No. 2012, 84th Cong is 2d Sess. , 2 (1956) .
2.
7/ S. Rept. No. 2012.
8/ See ESEA Title I, $103 (a) (1) (A) and (B) (20 U.S.C.
$241c (a) (1) (A) and (B) ; Education of the Handicapped Act
$612 (a) (1) (B) (20 U.S.C. 1412 (a) (1) (B) Bilingual Education
Act §706 (20 U.S.C. 880-3a).
9/ ESEA Title I, §103 (a) (1) (A), (20 U.S.C. $241c (a) (1) (A)
FORD
Cliantes Grean. where Notchel
MEMORANDUM
DEPARTMENT of HEALTH, EDUCATION AND WELFARE
OFFICE 01 EDUCATION
10
Nt. theodore SLY
DAU
1314
Office Counsel
Chief, Policy, Procedures is PLanning Branch
FROM
Contract: is Grant, Division
SUBJECT
Bequest of General Counsel Opinion on Indian Educat lon Grants
1. This office has received a copy of Public Law 570-84th
Congress, which relates 10 the Lumbee Indians of North
Carolina stating that, "Nothing in this Act shall make
terminals
such Indians eligible for any services performed by the
United States for Indians because of their status as
Indians, and none of the statutes of the United States
which affect Indians because of their status as Indians
shall be applicable to the Lumbee Indians. (Copy of
Public Law attached, Copy of H.R. 12216 attached).
2
Does the above Ianguage; 1.) make those grants now In
place illegal, (Lackly 1973 awards) ;2) must the grants
be terminated Immediately In total requesting the return
of all funds, which in most cases will result in an over-
payment to the recipient; 3) does the language in the act
affect other grants in whole or in part where support 1s
being provided to the Lumbee Indlans, though they may not
be located in North Carolina; is 4) it is assumed by this
office that the language affects other programs of OE
where support may be provided to the Lumbees.
3. An immediate response to the above problems will be
appreciated since this office is taking the following
actions:
a. Authorizing the Finance Division to withhold further
payments on current grants which are supporting the
Lumbee Indians.
b. Delay processing awards for the current year for which
an applicant request support for the Lumbee Indians.
F.H. Hundemer, Jr.
nin
OF THE
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
WASHINGTON, D. C. 20245
March
1849
IN REPLY REFER TO:
Tribal Government Services
BCCO 4656
JUN 11 1976
Mr. Gerald Flute
Chairman
Board of Directors
United Tribes Educational Technical
Center
Bismarck, North Dakota 58501
Dear Mr. Flute:
Dr. Theodore Marrs of the White House staff has asked us to respond
to your recent telegram regarding recognition of the Lumbee Tribe.
We are unaware of any consideration being given to an Executive Order
that would extend Federal recognition to the Lumbee people as a tribe.
We might point out that the language in and the legislative history
surrounding the so called Lumbee Act of June 7, 1956 (70 Stat. 254),
wherein the Indian people of Robeson and adjoining counties in North
Carolina were designated as Lumbee Indians, makes it clear that
these people, while Indians, were not to be considered as constituting
a tribe and further were eligible to none of the services from the
Federal Government for which Indian status might otherwise make them
eligible. It would appear, therefore, that their status could only be
changed by the Congress.
Your inquiry is appreciated, and your views have been made a part of
the record.
Sincerely yours,
(SGD) THEODORE KRENZKE
Director, Office of Indian Services
Enclosures
cc: Dr. Theodore C. Marrs
Scott Keep, Rm. 6447
FSA - Atlanta
Code 1000
Public Law 570 - 84th Congress
Chapter 375 " 2d Session
H. R. 1656
AN ACT
Relating to the Lumber Indians of North Carolina.
Whereas many Indians now living in Robeson and adjoining counties
BIT descendants of that once large and prosperous trile which oc.
capied the lands along the Lumbee River at the time of the earliest
white settlements in that section: and
70 Sq1.2, 254.
Whereas at the time of their lirst contages with the colonists, these 10 Simi, 255.
Indians were a well-established and distinctive people living in
European-type houses invesetted towns and communities, owning
slaves and livestock, tilling the soil, and practicing many of the
arts and crafts of European civilization: and
Whereas by reason of tribal legend. compled with a distinctive appear-
nuce and manner of speech and the frequent recurrence among them
- of family names such as Oxendine, Locklear, Chavis, Drinkwater,
Bullard, Lowery, Sampson, and others, also found on the roster of
the earliest English settlements, these Indians may, with consider-
able show of reason, trace their origin to an admixture of colonial
blood with certain coastal tribes of Indians; and
Whereas these people are naturally and understandably proud of
their heritage. and desirous of establishing their social status and
preserving their racial history: Now, therefore,
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Indians
Lutee Indians
now residing in Robeson and adjoining counties of North Carolina,
of North Carolina.
originally lound by The hrst white settlers on the Lumbee River in
Robeson County, and claiming joint descent from remnants of carly
American colonists and certain tribes of Indians originally inhabiting
the coastal regions of North Carolina shall from and after the ratifi-
cation of this Jct be known and designated as Lumber Indians of
North Carolinatand shall continue to enjoy all rights. privileges, and
Immunities enjoyed by them as citizens of the State of North Carolina
and of the United States as they enjoyed before the enactment of this
Ail, and shall continue to be subject to all the obligations and duties
of such citizens under the laws oi the State of North Carolina and the
United States 1 Nothing in This Act shall make such Indians eligible
for any services performed by the United States for Indians because
of their status as Indians, and none of the statutes of the United States
which affect Indians because of their status ns Indians shall be applica-
ble to the Lumbee Indians.
$2763,1971
Sr.c. 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved June 7, 1956.
Repartment
FORD LIBRARY
CPO 71139
0
THE WHITE HOUSE OFFICE
REFERRAL
To: Department of the Interior
Date:
May 25, 1976
.76
ACTION REQUESTED
Draft reply for:
President's signature.
4656
Undersigned's signature.
NOTE
Memorandum for use as enclosure to
reply.
Prompt action is essential.
X Direct reply.
If more than 72 hours' delay is encountered,
X
Furnish information copy.
please telephone the undersigned immediately,
Code 1450.
Suitable acknowledgment or other
appropriate handling.
Furnish copy of reply, if any.
Basic correspondence should be returned when draft
reply, memorandum, or comment is requested.
For your information.
For comment.
REMARKS:
For appropriate response. Copy, please, for our files.
Description:
Letter:
X
Telegram: Other:
To: President Gerald Ford
From:
Gerald Flute
Date: 5-14-76
Subject: Federal Recognition of Lumbee Tribe.
By direction of the President:
Jhandan (imarks
Theodore C. Marrs
Special Assistant to the President
(Copy to remain with correspondence)
Thr House
TM
WHB#11(1454) (2-037309E135)PO 05/14/76 1454
ICS IPMBNGZ CSP
PM 4 01
19
7012553283 TOBN BISMARCK ND 92 05-14 #254P EST
PMS PRESIDENT GERALD R FORD
15 in 21
4656
WHITE HOUSE DC
IT HAS BEEN BROUGHT TO OUR ATTENTION THAT YOU ARE CONSIDERING
ISSUING AN EXECUTIVE ORDER EXTENDING FEDERAL RECOGNITION OF THE
LUMBEE TRIBE.
THIS COURSE OF ACTION WOULD DRASTICALLY EFFECT THE EXISTING FEDERAL
INDIAN PROGRAMS AND WOULD BE IN DIRECT CONFLICT WITH THE POSITIONS
PREVIOUSLY TAKEN BY THE NATIONAL CONGRESS OF AMERICAN INDIANS THE
NATIONAL TRIBAL CHAIRMANS ASSOCIATION AND CONGRESS
ANY EXECUTIVE ACTION SHOULD AT LEAST AWAIT THE FINAL RECOMMENDATIONS
OF THE AMERICAN INDIAN POLICY REVIEW COMMISSION WHICH IS PRESENTLY
(
4283
4656
COMPLETING HEARINGS THROUGHOUT THE UNITED STATES
GERALD FLUTE CHAIRMAN BOARD OF DIRECTORS UNITED TRIBES EDUCATIONAL
TECHNICAL CENTER BISMARCK NC
NNNN
TREAT
CHARMEN'S
NATIONAL
ASSOCIATION
NATIONAL TRIBAL CHARMAR'S
ASSOCIATION
Suite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20000
202 343 9484
UNITY
JUSTICE
June 30, 1976
STRENGTH
United States General Accounting Office
Bid Protest Control Unit
Office of General Counsel
Washington, D.C. 20548
1976 JUN 30 39
62 FILES
Attention: Bruce Krasker, Esq.
Re: Procurement Document: OHD-105-76-6100
B-185659
Gentlemen:
The National Tribal Chairmen's Association (NTCA) appreciates your courtesy
in extending to us the opportunity to comment as interested parties in the refer-
enced protest. NTCA is an organization composed of the elected or acknowledged
leaders of the tribal governing bodies of one hundred and eighty-eight federally
recognized Indian tribes of the United States. NTCA, in accordance with the Pre-
amble of our Constitution, serves as the official voice of these leaders in pro-
moting social, educational, and governmental progress among their Indian people.
On May 13, 1976, the Board of Directors of NTCA passed Resolution No. NTCA
5/76-4 a copy of which is enclosed. In essence this resolution authorized our
organization to support the United Southeastern Tribes, Inc. (USET) in seeking
redress concerning the basic issue of their not being awarded a contract under
the instant solicitation because of their refusal to service the Lumbee people
of North Carolina.
One of NTCA'S primary objectives has been and remains the encouragement of
proper and adequate funding of services to Indian tribes. Inadequate funds are
appropriated each year to meet the needs of Indian tribes. We strongly object
to the diversion by the Department of Health, Education, and Welfare (HEW) of a
portion of these funds to the Lumbee people of North Carolina in violation of
P.L. 84-570.
Had NTCA submitted a proposal in response to the solicitation we would have
had to take the same position as did USET and for the same reasons.
The contracting officer has only those powers which are properly delegated
to him by the Secretary. Likewise, in the selection of ultimate beneficiaries
of Section 803(a) projects under Title VIII of the Headstart, Economic Opportunity,
and Community Partnership Act of 1974, P.L. 93-644, the Secretary of HEW has only
those powers which Congress has either expressly conferred upon him or which can
United States General Accounting Office
June 30, 1976
Page 2
be reasonably implied from those powers expressly conferred. The Secretary was
authorized to expend appropriated funds for projects pertaining to the purpose
of Title VIII. Section 802 of Title VIII reads as follows:
The purpose of this title is to promote the goal of economic and social self-
sufficiency for American Indians, Hawaiian Natives and Alaskan Natives. (emphasi
supplied).
The purpose of this title is not to aid Japanese Americans nor inner-city Blacks
nor Chicanos nor Appalachians. Moreover, the purpose of this title is not to
aid "Native Americans". The only reference to Native Americans appearsin the
"Short Title" and in the title prefacing Section 803 of Title VIII. Nowhere in
the substantive portions of Title VIII does the broad terminology Native American
appear. The term Native American which seems so crucial to HEW's position 1/ is
a broad generic term which could include almost anyone. Congress expressly limited
potential ultimate beneficiaries to the three categories enumerated in Section 802
above. Title VIII is a "poverty" program intended to assist those who are econom-
ically disadvantaged and who come within the three categories. Economically dis-
advantaged communites outside the three classifications are not entitled to assistance
under Title VIII.
The legal issue to be properly addressed is simple. It is whether the Lumbees
fall within the class "American Indian" which the legislation was enacted to benefit,
it being obvious that they are neither Alaskans nor Hawaians, and if they may be so
classified, the effect of P.L. 84-570 on that classification. The issue has been
clouded by a misinterpretation by HEW of Title VIII. This misinterpretation will
be discussed herein.
If the Lumbees are not American Indians, then neither the contracting officer
nor the Secretary himself is authorized to expend funds which Congress has expressly
appropriated in implementing Title VIII.
The traditional indicia which have identified American Indians are as follows:
Indian customs, religion, rituals, language, land base, government, or treaties,
tribal rolls or standards for membership. The Lumbees, on the other hand, according
to P.L. 84-570, purport to be descendants of a once large and prosperous tribe which
at the time of their first contact with the colonists were already ensconced in
European style houses, settled towns and communities, owning slaves, practicing
many of the arts and crafts of European civilization and having typical Anglo-
Saxon names.
1/ The HEW position referred to is that set out in a memorandum supplied to us
by the General Accounting Office, dated April 3, 1975, from Galen D. Powers, Assistant
General Counsel, HEW to Julia V. Taft, Deputy Assistant Secretary for Human Development
Subject, "Eligibility of Lumbee Indians for Funding under the Headstart, Economic
Opportunity, and Community Partnership Act of 1974".
FORD
HALD
United States General Accounting Office
June 30. 1976
Page 3
Based on the factors enumerated above, the only reason for drawing the conclusion
that the Lumbees constitute anything other than the mixed-blood descendants of
early American colonists is the aforemintioned act of Congress, P.L. 84-570,
which designated the Lumbees as "Lumbee Indians of North Carolina".
Notwithstanding the fact that P.L. 84-570 allows the Lumbees to "be known
and designated as Lumbee Indians of North Carolina" the statute in question
further provides that
[n]othing in this Act shall make such Indians eligible for any service. performed
by the United States for Indians, and none of the statutes of the United States
which affect Indians because of their status as Indians shall be applicable to
the Lumbee Indians.
Thus, Congress allowed the Lumbees to call themselves Indians, but, at the same
time, denied them any of the federal rights or privileges which were and generally
continue to be associated with the title "Indian".
In terms of the simple legal issue introduced above it is obvious that the act
of Congress which caused the Lumbees to fall within the class of American Indian
also denied the Lumbees any federal benefits which could possibly flow from their
inclusion within said class. While both the contracting officer and the Secretary
may feel confident that their current position is indeed aimed at benefitting a
people which the Congress of the United States has designated as Indians they
should think twice before acting on the basis of such classification in light of
the fact that the statute which placed the Lumbees in that category also directs
all federal officers to deny them the benefits of any statutes of the United States
which impact the Lumbees solely because of their new-found status as Indians.
HEW's Office of General Counsel, Human Resources Division, has taken certain
legal positions interpreting Title VIII and P.L. 84-570 as supporting the position
that the Lumbees are eligible for funding under Title VIII, notwithstanding the
specific provisions of P.L. 84-570. NTCA disagrees with both HEW's interpretations
and its conclusion. There follows an examination of the significant points in the
HEW memorandum referred to in note 1 supra.
The essential problem with HEW's analysis is that it has confused the directives
in Section 803 (a) with the purpose in Section 802, the end result being that HEW
interprets recipients of financial assistance for projects under
section 803(a) to be in some manner synonomous with the ultimate beneficiaries of
those projects, designated in Section 802.
The last portion of the second paragraph of the HEWnemorandum, following
quotation of a part of 803(a) states that Lumbees are not a federally recognized
tribe and that they do not reside on a state reservation, but then continues to
allege that the Lumbees have been state recognized and would therefore qualify
for assistance under this provision as an Indian organization in a rural non-
reservation area. Section (a) lists Indian organizations in rural nonreservation
areas as eligible under Section 803(a) for financial assistance. Assuming, arguendo,
that the Lumbees do qualify under this stated criterion, they are eligible to receive
assistance under Title VIII, Section 803(a), for servicing those classes of people
enumerated in Section 802. Even if the Lumbees qualified under every criterion
listed in Section 803(a) it would be irrelevant to their eligibility for the purpose
designated in Section 802. NTCA believes that close and accurate analysis of Section
United States General Accounting Office
June 30, 1976
Page 4
(a) may even disqualify the Lumbees for assistance under that section on the
basis of their being "Indian" due to their state recognition. Congress knows how
to say "state" when it means "state" and that word appears in only one place, i.e.,
in reference to "State reservations". If any designation of the Lumbees as Indian
is relevant, we submit that it is the federal designation contained in P.L. 84-570,
the statute which, as it were, both gives and takes away.
Article 1, Section 8, Clause 3 of the United States Constitution is the primary
basis for operation through Congress of the relationship between the federal government
and Indian tribes. States may if they choose recognize Indian tribes for state
purposes, as distinguished from federal. Absent a federal congressional act accepting
state recognition as a criterion for federal purposes, mere state recognition is
useless as a federal eligibility criterion.
There is precedent for federal acceptance of state recognition in the Indian
Education Act of 1972, P.L. 92-318, which gives in Section 453 the definition of
"Indian" as eligible for assistance under Parts B and C as "those recognized now
or in the future by the State in which they reside". Precedent also exists in the
House and Senate versions of the new Indian Health Care and Improvement Act, H.R.
2525 and S. 522, which specifically state that some portions are applicable to
State recognized Indians. S.522 passed the Senate May 16, 1975 and $.522 is now
awaiting a vote by the full House.
H.R.2525
The point in our elaboration above is twofold. First, for clarity, we suggest
that close and accurate analysis of Section 803(a) may disqualify Lumbees as eligible
for financial assistance to render services to those designated in Section 802.
Second, in the event that the General Accounting Office is not persuaded by the
distinction which NTCA has drawn between Section 802 and Section 803(a), we submit
that the Lumbees are not eligible as "Indians" of any kind to receive the benefits
of Title VIII.
We move next to the quote on page two of the HEW memorandum, from P.L. 84-570:
Nothing in this Act shall make such Indians eligible for any service
performed by the United States for Indians, and none of the statutes
of the United States which affect Indians because of their status as
Indians shall be applicable to the Lumbee Indians.
HEW resorts to the legislative history in Senate Report No. 2012, 1956 U.S. Code
Congressional and Administrative News, seeking to find the definition of "service".
The report states that
II
Lumbee Indians will not be eligible for any services
provided through the Bureau of Indian Affairs to other Indians". HEW then goes on
and concludes that the services portion of the disclaimer pertains only to BIA
services and is not relevant to a determination of the legality of funding by HEW.
NTCA submits that the statute is clear on its face. It states "service performed
by the United States". Surely, the United States is larger than the Bureau of
Indian Affairs. If Congress had meant to say "services provided only by the
Bureau of Indian Affairs" it could have done so. What is not clear is the single,
isolated, out-of-context statement from the Senate Report.
United States General Accounting Office
June 30, 1976
Page 5
The P.L. 84-570 language quoted by HEW is in fact essentially that used in
termination statutes passed during the 1950's, the intent of which was to terminate
the relationship of the designated tribes with the federal government, thereby
making them ineligible for any federal services from any federal source and making
inapplicable federal statutes which affect Indians. See 25 U.S.C. 564, 691, 722,
821, 741, 899, and 980. Interpreting P.L. 84-570 in para materiae with the enumer-
ated sections of the United States Code, it is plain that the intent of Congress was
to prevent the Lumbees from receiving any federal benefits due to status as Indians.
This does not mean that Congress is not free to repeal P.L. 84-570, as it has repealed
25 U.S.C. 892 et seq., the act terminating the Menominee Indian Tribe, in P.L. 93-197.
Congress has not, however, done so, despite repeated attempts in past congresses to
have the act repealed and to have the Lumbees declared eligible for a variety of
federal services because of their status as Indians. Two bills introduced this
Congress to amend P.L. 84-570 making Lumbees eligible for federal benefits extended
to non-federally recognized Indian tribes, S.159 introduced 1/16/75, and H.R. 4007
introduced 2/27/75, were referred to the respective House and Senate Committees on
Interior and Insular Affairs and have received no action. Congress could also pass
a statute making it applicable to the "Lumbees", as it has done in regard to terminated
tribes, for example, in the Indian Education Act, P.L. 92-318, which in Section 453
defines as eligible for assistance under Parts B and C of that act "groups terminated
since 1940". Again, in the case of the Lumbees, Congress has not done so. Until
legislation is passed repealing or amending P.L. 84-570, the Lumbees will by specific
statutory mandate remain in a position of ineligibility for federal services and
inapplicability of federal statutes affecting Indians because of their status as
Indians.
Still traveling under the assumption that this analysis is unnecessary due to
the lack of understanding of HEW regarding the relationship of Section 802 and Section
803 (a), but taking precautionary measures, NTCA moves now to the HEW determination in
paragraph 4 of its April 3, 1975 memorandum, that P.L. 84-570 does not preclude funding
the Lumbees under the Economic Opportunity Act of 1964, as amended, because assistance
under that act is predicated on economic condition rather than Indian status, and that
this same rational applies to the issue of funding under Title VIII. Assuming, arguendo
that the Office of The General Counsel is correct in its opinion with regard to the
Economic Opportunity Act of 1964, as amended, being predicated on the economic condition
of Indians rather than their status as Indians, we would have no problem with their
conclusion that the Lumbees are indeed eligible under that act. However, the act
under consideration is predicated not only on need, but also on the ultimate benefi-
ciaries being either "Amercan Indians, Hawaiian Natives or Alaskan Natives". We
find irrational the application of a "rationale" from one statute to another statute
wherein the states purposes are different. There is a clear distinction between
receiving or providing assistance and receiving or providing assistance for a stated
purpose, as is the case in Section 802 and Section 803(a) of Title VIII.
Footnote 1 in the same paragraph of the HEW memorandum deserves closer scrutiny.
The criteria under the Indian Education Act, P.L. 92-318, Title IV are dual criteria.
Not only must persons be educationally deprived; they must also meet the definition
of Indian set out in Section 453 of that act. The criteria for eligibility are quite
broad and quite possibly the Lumbees do qualify, but it is not solely on the basis of
their educational deprivation, as the footnote misleadingly states. Quoting from
page 2 of the April 10, 1974 memorandum from Harry J. Chernock, Assistant General
Counsel, Education Division to Fred Hundemer, Jr., Contracts and Grants Division,
which memorandum is referred to in note 1 supra of the April 3, 1975 HEW memorandum,
United States General Accounting Office
June 30, 1976
Page 6
"In order to be eligible to apply for and receive assistance under Parts B and
C of the IEA (which are primarily at issue here) as an Indian tribe or organiza-
tion, the members of such tribe or organization must, of course, satisfy the defi-
nition of Indian that appears in section 453 of the IEA."
In the last paragraph of the second page of the April 3, 1975 HEW memorandum,
it states that Title VIII is a part of the entire Headstart, Economic Opportunity
and Community Partnership Act of 1974 and that Section 2 of that Act states that
"[i]t is the purpose of this Act to extend programs under the Economic Opportunity
Act of 1964
11 While this is generally an accurate statement, Title VIII
states its own purpose very plainly and concisely as follows:
Statement of Purpose
Sec. 802. The purpose of this title is to promote the goal
of economic ans social self-sufficiency for American Indians,
Hawaiian Natives and Alaskan Natives.
HEW contends that the legislative history supports its position, and as evidence of
this contention quotes House Report No. 93-1043 (May 15, 1974) as follows:
The Act authorizes the Secretary of Health, Education, and
Welfare to continue operation of the Native American Program
in the same manner as that program is now being carried out
under Title II of the Economic Opportunity Act under a dele-
gation from the Director of the Office of Economic Opportunity
NTCA believes that the portion cited fails to support HEW's position and, in fact,
when portions of the quote ommitted by HEW are supplied, the House Report supports
the position of NTCA:
The Act not only continues the present focus of the Native
American Program, but also parallels the language of those
sections of the Economic Opportunity Act that affect the conduct
of the program. The Secretary is authorized to provide finan-
cial assistance to public and non-profit private agencies for
projects to promote the goal of enabling American Indians and
Alaskan natives to become economically self-sufficient.
(emphasis supplied).
Finally, in summary, HEW repeats its erroneous position to the effect that
Title VIII is essentially a poverty program for "Native Americans". They buttress
their assertion with the following:
Title VIII does not provide assistance to Indians because of
their status as Indians, but instead provides assistance to
Native Americans because of their economic and social condition.
The purpose of this title (section 802) is to promote the goal
of economic and social self-sufficiency for Native Americans,
which includes, but is not limited to, American Indians.
Hawaiian Natives and Alaskan Natives are also eligible bene-
ficiaries. Any assistance received by the Lumbee Indians
pursuant to Title VIII would be based on their status as a
poverty group not because of their designation classifica-
tion, or status as Indians.
FORD
United States General Accounting Office
June 30, 1976
Page 7
(The last sentence quoted seems irreconcilable with the statement in the last portion
of the second paragraph on page 1 of the memorandum that "[t]hey have, however, been
recognized by the State of North Carolina as Indians and would qualify for assistance
under this provision as an Indian. organization in a rural area".) NTCA submits that
a more accurate statement of the purpose of Title VIII may be found by reading Section
802 itself, many times referenced and quoted in this letter. Finally, we restate
our initial assertion that the term "Native American is not to be found in the body
of Title VIII. Moreover, it is the opinion of NTCA that the term "Native American"
has commonly become so all-encompassing, nebulous, and confusing that for all intents
and purposes the phrase is meaningless. Along these lines, we note that HEW has
consistentlyin its April 3, 1975 memorandum given the impression that the term
Native American is the operative term in Title VIII, rather than the actual terms
"American Indians, Hawaiian Natives and Alaskan Natives". We believe that this is a
not unintended attempt to broaden HEW's very specific and limited congressional
mandate under Title VIII of the Headstart, Economic Opportunity, and Community
Partnership Act of 1974, P.L. 93-644, January 4, 1975.
Sincerely yours,
William Youpee
Executive Director
M. Frances Ayer
House Counsel
Enclosure
TRIBAL
CHAIRMEN'S
NATIONAL
ASSOCIATION
NATIONAL TRIBAL CHAIRMEN'S
ASSOCIATION
Suite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006
202 - 343-9484
UNITY
JUSTICE
RESOLUTION
No. NTCA 5/76-4
STRENGTH
WHEREAS, the United Southeastern Tribes, Inc. (USET) and Tri-States CAP, Inc.
(Tri-State) submitted a joint proposal to the office of Native American Programs
in the Department of Health, Education, and Welfare for the provision of services
to Indian CAP Agencies in the Eastern United States, and
WHEREAS, this proposal was the most highly rated proposal of all competitive pro-
posals submitted, and
WHEREAS, USET and Tri-State have five years experience in providing these services
to their respective Indian CAP Agencies, and
WHEREAS, USET and Tri-State are Indian-governed and controlled tribal organizations
administered by Indian, professional people, and
WHEREAS, the office of Native American Programs has awarded a contract to an
organization with little or no experience in working with the Indian CAP Agencies
formerly within the responsibility of USET and Tri-State, and
WHEREAS, this organization is not controlled or governed by American Indian people,
and
WHEREAS, the decision not to award a contract to USET and Tri-State was based upon
their refusal to service the Lumbee people of North Carolina, and
WHEREAS, the Lumbees are not entitled to federal Indian appropriations in accordance
with 70 Stat. 254, and
WHEREAS, USET and Tri-State seek an opportunity to cooperate with the federal
government in developing positive methodologies which would prevent this type of
conflict in the future, and
WHEREAS, USET and Tri-State desire proper redress concerning the basic issue of
their not being awarded the grant,
THEREFORE, BE IT RESOLVED, that National Tribal Chairmen's Association, its President,
and/or executive staff assist USET and Tri-State in effecting a meeting with Secretary
Matthews and other appropriate officials of HEW, so that USET and Tri-State can make
their concerns known to the highest officials in HEW, of which the Native American
Program is a part, and
-2-
BE IT FURTHER RESOLVED, that NTCA support USET and Tri-State in the basic issue
as defined herein and on their behalf as members of NTCA and of their Indian
membership constituency.
CERTIFICATION
It is hereby certified by the undersigned that the foregoing Resolution was adopted
by the Board of Directors of the National Tribal Chairmen's Association in a duly
constituted meeting on the 13th day of May, 1976, at which meeting there was a
quorum present and a majority of the Board members voting.
Ee Societ
ACTING PRESIDENT
ATTEST:
Kennith SECRETARY E. Black
FOST
OF THE TERIOR
UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF THE SOLICITOR
March
3.
1849
WASHINGTON, D.C. 20240
13 1976 SEP
Mr. Brad Patterson
Special Assistant to
the President
The White House
Washington, D.C. 20501
Dear Brad:
This is in response to your note of August 27 concerning
a request by Nick Locklear, the Treasurer of a band of
Tuscaroras, for recognition.
My staff has in the past had some communication with
Locklears, who are members of a group which identifies
itself as "Hatteras Tuscaroras." They are part of the
Indians of Robeson County, North Carolina, called the
Lumbees. In 1938, the Bureau of Indian Affairs certified
22 of these individuals as being of at least one-half
or more Indian ancestry. Congress later passed the Act of
June 7, 1956, (70 Stat. 254) which declared that such
Indians "shall be known and designated as the Lumbee
Indians of North Carolina." That Act went on to state,
however, that nothing in the Act was to make such Indians
eligible for services performed by the United States for
Indians because of their status as Indians. In 1975 the
U.S. Court of Appeals for the District of Columbia held
that this Act did not affect the right of the 22 previously
certified individuals to receive Bureau services. (Maynor
V. Morton, 510 F. 2d 1254).
Neither Mr. Nick Locklear nor Mr. Vermon Locklear is among
the 22. As a result, they have made a number of inquiries
seeking recognition. The most recent was in November of
1975. In responding to that request, the Under Secretary
stated that there was no proper basis for treating
Mr. Locklear's group as a federally recognized Indian
Tribe. Under Secretary Frizzell concluded that Congress
would have to modify the 1956 Act before any federal recog-
nition or services could be extended to Mr. Locklear's
group. A copy of his response to Mr. Locklear of
January 20, 1976, is enclosed.
FORD
REVOLUTION
&
AMERICAN
BICENTENNIAL
BERALD
LIBRA
1776-1976
-2- -
Since this group has received a fairly definitive "no"
from the Under Secretary on their request for recognition,
it is perhaps not accurate now to say that their application
for recognition is pending.
We certainly concur in your recommendation that Mr. Locklear
not plan a trip to Washington in the immediate future.
Sincerely yours,
Reid
Reid P. Chambers
Associate Solicitor
for Indian Affairs
Enclosure
SEP 13 1976
Mr. Brad Patterson
Special Assistant to
the President
The White House
Washington, D.C. 20501
Dear Brad:
This is in response to your note of August 27 concerning
a request by Nick Locklear, the Treasurer of a band of
Tuscaroras, for recognition.
My staff has in the past had some communication with
Locklears, who are members of a group which identifies
itself as "Hatteras Tuscaroras." They are part of the
Indians of Robeson County, North Carolina, called the
Lumbees. In 1938, the Bureau of Indian Affairs certified
22 of these individuals as being of at least one-half
or more Indian ancestry. Congress later passed the Act of
June 7, 1956, (70 Stat. 254) which declared that such
Indians "shall be known and designated as the Lumbee
Indians of North Carolina." That Act went on to state,
however, that nothing in the Act was to make such Indians
eligible for services performed by the United States for
Indians because of their status as Indians. In 1975 the
U.S. Court of Appeals for the District of Columbia held
that this Act did not affect the right of the 22 previously
certified individuals to receive Bureau services. (Maynor
V. Morton, 510 F.2d 1254).
Neither Mr. Nick Locklear nor Mr. Vermon Locklear is among
the 22. As a result, they have made a number of inquiries
seeking recognition. The most recent was in November of
1975. In responding to that request, the Under Secretary
stated that there was no proper basis for treating
Mr. Locklear's group as a federally recognized Indian
Tribe. Under Secretary Frizzell concluded that Congress
would have to modify the 1956 Act before any federal recog-
nition or services could be extended to Mr. Locklear's
group. A copy of his response to Mr. Locklear of
January 20, 1976, is enclosed.
-2-
Since this group has received a fairly definitive "no"
from the Under Secretary on their request for recognition,
it is perhaps not accurate now to say that their application
for recognition is pending.
We certainly concur in your' recommendation that Mr. Locklear
not plan a trip to Washington in the immediate future.
Sincerely yours,
(SGD) REID P. CHAMBERS
Reid P. Chambers
Associate Solicitor
for Indian Affairs
Enclosure
R.FORD
HALD
OF THE
United States Department of the Interior
RIOR
OFFICE OF THE SECRETARY
$81
WASHINGTON, D.C. 20240
March
JAN 20 1978
Dear Mr. Locklear:
This letter responds to your telegram of November 24,
1975, requesting a meeting with respect to federal
recognition- of the "Hatteras Tuscaroras" as an Indian
Tribe.
Earlier this year you requested meetings with the President
and with Secretary Morton concerning the same subject.
In a letter to you dated April 14, 1975, Secretary Morton
indicated the Department's position that the
Act of June 7, 1956, 70 Stat. 254, does not authorize the
Department to make services or other benefits available
generally to the Indians of Robeson County and surrounding
counties in North Carolina (designated in the Act as "Lumbee
Indians") on the basic of their status as Indians. By
the same token, it is our view that it would be improper
under the 1956 Act for the Department to extend to a group
of Robeson County area Indians recognition as a tribe
as you request and give to its members the the entitlement
to services and other benefits which such recognition
would carry with it.
Secretary Morton's letter referred to the Act as having
in a sense extended recognition to the Indians of Robeson
County, but that reference of course had to do only with
the statute's declaration that such Indians "shall
be known and designated as the Lumbee Indians of North
Carolina
"
The Act goes on expressly to state that
"[n]othing in this Act shall make such Indians eligible
for any services performed by the United States for Indians
because of their status as Indians, and none of the statutes
of the United States which affect Indians because of their
status as Indians shall be applicable" to them.
-2-
Secretary Morton acknowledged that the Department's position
with respect to services was being contested in litigation
(Maynor V. Morton) by one of twenty-two individuals from
the Robeson County area certified in 1938 as being of
at least one-half degree Indian ancestry. At that time
the Secretary did not know that the United States Court
of Appeals for the District of Columbia Circuit had ruled,
in a decision handed down on April 4, 1975, that the 1956
Act had not affected the earlier certification of the
twenty-two. That decision did not, however, deal with
the status of persons not certified as Indians prior to
the 1956 Act.
Following the decision, in July, the Commissioner of
Indian Affairs met with you and the group you represent.
Then on August 27-29, representatives of the Bureau of
Indian Affairs traveled to Robeson County and met with you
and your group along with certain of the twenty-two
individuals referred to above, and engaged in extensive
discussions concerning the questions you seek to raise.
I understand that they informed you at that time of the
basic principles set out above and of the Department's
position with respect to services and tribal recognition.
You have been advised that in accordance with the April 4
court decision the Bureau of Indian Affairs is prepared to
provide services and other benefits (as required by
the Indian Reorganization Act of 1934) to the twenty-two
certified Indians--or to those members of that group
who are alive today--but that the 1956 Act remains a
bar to extending such benefits to any other individual
Indians of Robeson or surrounding counties. And you have
been informed that in this context there is no proper basis
for treating your group as a federally recognized Indian
tribe. This Department, having discussed the matter at some
length with you and your group, remains of these views.
Given this background, I do not believe any useful purpose
would be served by a meeting with me. I am sure BIA officials
would be willing to meet further with you here in Washington,
however, if you should seek to present matters not dis-
cussed at your earlier meetings.
-3-
I understand that requests by certain of the twenty-two
certified Indians, made under the IRA, are pending before
the Commissioner of Indian Affairs; and I am sure they
will receive full and fair consideration. In our view,
however, Congress must modify the 1956 Act before any
federal recognition and services can be extended
generally to a group such as the Hatteras Tuscaroras,
as you request.
Sincerely yours,
S
KENT FRIZZEEH
Under
Secretary of the Interior
Mr. Vermon Locklear
Route 3, Box 047A
Maxton, North Carclina 28364
bcc:
)
AKPa
THE WHITE HOUSE
WASHINGTON
August 27, 1976
NOTE TO REID CHAMBERS
I talked on the phone
today with a Mr. Nick Locklear (919-844-5922)
who is. the Treasurer of a band of Tuscaroras.
The Chairman of this g roup is a Vernon
Locklear (evidently there are several bands).
This is another recognition
application, evidently; he says he has sent
material to the Secretary.
Can you confirm that this group
is among the 30-35 whose applications are
pending?
I told him about the process
envisaged for the future and also recommended
that he and his associates not plan a special
trip up here in the immediate fugure
Brad
FOR
September 16, 1976
Dear Mr. Maymor:
Thank you for your gracious note of the
9th.
I very much want to be kept on the mailing
list for monthly newsletter of the Lumbee
Regional Development Association.
With warm personal regards,
Sincerely,
Bradley H. Patterson, Jr.
Mr. Kenneth R. Maynor
Executive Director
Lumbee Regional Development Association, Inc.
East Main Street
PO Box 68
Pembroke, North Carolina 28372
BHP:msp
FORD i LIBRARI GERALD
LRDA
MAIN OFFICE
Lumbee Regional Development Association, Inc.
(919) 521-9761
East Main Street
P.O. Box 68
Pembroke, N.C. 28372
ANNEX
(919) 521-2401
KENNETH R. MAYNOR
Executive Director
JAMES H. WOODS
September 9, 1976
Chairman
JOHN R. JONES
Vice-Chairman
CURT LOCKLEAR
Treasurer
Mr. Bradley Patterson, Jr.
Special Assistant to the President
MARY L. LOCKLEAR
for Indian Affairs
Secretary
Room 134 - Old Executive Office Bldg.
Washington, DC
20004
Dear Mr. Patterson:
The Board of Directors of Lumbee Regional Development Associ-
ation and the Lumbee Nation would like to congratulate you on your
appointment as Special Assistant on Indian Affairs. We feel you
will represent all Indians justly in your endeavor.
In our plight for justice and equality, we challenge you to
serve as an advocate for the cause.
We would especially welcome an opportunity to establish a
relationship with you to become more familiar with your responsi-
bilities as well as your position on various Indian issues.
Enclosed is a copy of Lumbee Regional Development Association's
monthly newsletter to better acquaint you with the Lumbee Indians as
well as programs being administered by the agency to help serve
problems that the Lumbee Indian people have in Robeson and adjoining
counties. We would like to include you on our monthly mailing list.
Again, congratulations and may the great spirit guide you
always.
KRM: jw
GERALD R. FORD
Executive Director
Land of the Lumbee"
LUMBEE REGIONAL DEVELOPMENT ASSOCIATION
P.O. Box 68
Pembroke, North Carolina 28372
Phone No. 521-9761
"AN INDIAN AGENCY FOR INDIAN PEOPLE"
Volume IV
August, 1976
Number 5
Portrayal of Indian Unity
The concept of being Indian and proud is being exhibited among Indian tribes
throughout North Carolina and the nation. We, LRDA, are thankful that we have
the opportunity in our daily work to strengthen and encourage that concept among
our people. I would like to encourage each community throughout Robeson County
and elsewhere to join together in support of the development of this concept to
capacity.
During the past few years I have witnessed a change in Indian people related to
positive self-concepts and struggle for unity. This change can more realistically
be observed during annual parades and pow-wows taking place throughout North
Carolina and the nation. Recently I had an opportunity to be a part of a very
special and memorable event portraying vividly the concept of "Indian and Proud"
as well as "Indian Unity" in Fayetteville, North Carolina.
A special thanks to Chief Jacobs who afforded LRDA an opportunity to attend and
participate in the annual parade and pow-wow of the Cumberland County Association
for Indians, August 27&28, 1976. The parade was held downtown in Fayetteville.
Miss Lumbee participated in the parade. Immediately following the parade the
people were entertained with Indian dancing, various Arts & Crafts exhibits, and
a very special treat, the performance of a local Indian band known as
"Broken Arrow." Mr. Bruce Jones, Executive Director of North Carolina Indian Com-
mission, introduced a very well known and admired Lumbee, Mr. Lindburg Martin,
who delivered the keynote address. Chief Jacobs served as Master of Ceremony
and deserves recognition along with the Board of Directors and staff for under-
taking this venture in the name of Indian Unity.
The Waccamaw Siouan Tribe located in Bladen & Columbus County, North Carolina will
be sponsoring an annual celebration October 15, 1976 and I would like to encourage
each of you to participate in this annual event strengthening the concept of
Indian Unity among all tribes. Will look forward to seeing you during this event.
FORD
Yours in the Struggle
Kenneth.R Mayner
GERALD
Kenneth R. Maynor
Executive Director
ECONOMIC DEVELOPMENT
The phrase "Economic Development" has
are six components (programs) : 1) Com-
many different and often confusing defi-
munity Development, 2) Business Develo-
nitions. Basically, Economic Development
pment, 3) Neighborhood Service Centers,
appears in two forms. A frequent concept.
4) Resource Identification (Planning
is that of "economic inducement in
& mobilization), 5) Housing, 6) Lumbee
which an industry moves into an area cre-
Indian Arts & Crafts Association.
ating jobs which serve as vehicles
raising the per capita' income of the
By applying the goals and activities of
local residents." This increase in in-
these six programs to the eight
come is felt throughout the community.
functions that were listed proviously.
Another concept is that of "enterprise
one can readily see a definite cor-
creation in which individuals or groups
relation between the two. Since
of individuals form the target pop-
our E.D. Project deals exclusively
ulation, with the proper assistance, act
with poor people and their numerous
the entrepreneurs."
problems, an important analysis exists.
Therefore, the goals and daily activi-
Individuals frequently request a defini-
ties of LRDA's Economic Development
tion of economic development. A defini-
Project are in unison and comparabi-
tion which has met with favor is the fol-
lity with the universal idealogies,
lowing: "Economic Development is a
concepts, and practices of the phrase,
means by which an individual's quality
"Economic Development." The final
of life is changed as a function of
outcome and justification of the E.D.
his performance." The quality of life
Project's success and application is
for a poor person is changed when he
that an individual's (participant)
obtains: 1) more money, 2) decent hous-
quality of life is definitely changed
ing, 3) land for farms, industry, and
through his participation and perfor-
recreation, 4) adequate food, 5) education
mance; thus fulfilling one of the basic
or the chance for self-development, 6)
definitions of "Economic Development.
Political and economic power, 7) strong
organized communities, 8) a measure of
security in terms of such things as
Panel Discussion
insurance against bad health, unemploy-
ment and death.
Four County Community Services conduct-
ed a workshop on August 4, 1976 at
The function of man's personal perfor-
Pembroke State University. The atmo-
mance differentiates economic develop-
sphere of the workshop was a panel
ment from welfare. Some action which he
discussion on Community Involvement.
performs raises his quality or life.
Representing LRDA on the panel was Mrs.
Lynneettah Jacobs, Community Develop-
With the above comments in retrospect
ment Director. The workshop was
let's compare these to our existing
coordinated by Mr. Ray Brayboy, Commu-
Economic Development Project. The main
nity Coordinator for Four County.
purpose of the Economic Development Pro-
ject is to develop a long range economic
The purpose of the panel discussion was
development program through controlled
to exchange ideas and concepts encom-
meetings and other public functions, that
passing all facets of community develop -
will upgrade and continuously develop
ment. The workshop was extremely
the social and economic conditions and
enlightening and very successful.
atmosphere of all Indian inhabitants
Approximately fifty five (55) persons
of Robeson County. Under this project
attended the workshop and most of these
were professional services agency indi-
plans or policies, nor does it dup11-
viduals.
cate the efforts of any local reviewing
agencies."
Senior Citizens Activities
We would like to thank Mr. John V. High-
fill, LRCOG's Executive Director
The month of August has been very excit-
and his staff for the immediate review
ing for the Economic Development Project's
of our federal application.
sponsored Senior Citizen Chapters. Many
of groups attended the outstanding and
highly successful outdoor drama, "Strike
New Senior Citizen Chapter
At The Wind." Those chapters attending
were: Smyrna, Antioch, Bethel Hill,
The Community Development Component
Saddletree, and Pembroke. Transportation
would like to announce that a new
was provided via the E.D. Project vans.
Senior Citizen Chapter will be organiz-
These visitations were part of the Senior
ed in the Deep Branch and Back Swamp
Citizens Cultural Enrichment Program.
communities. Anyone living in these
The ladies were extremely fascinated thr-
two communities who wish to attend the
oughout the entire production and thoro-
one day per week arts & crafts class
ughly enjoyed themselves.
may become a member of this group by
contacting Mrs. Lynneettah Jacobs,
The ladies would like to thank Mr. Rock
Community Development Director, at
Kershaw, General Manager of "Strike At
521-9761. Also Mrs. Voncile Cummings,
The Wind," for providing them with
Community Developer, will be coordin-
reduced admission tickets to this inter-
ating the recruiting effort during
esting and cultural enrichment drama,
September to obtain as many participants
depicting the Life of Henry Berry Lowry,
as possible.
an outstanding Lumbee Hero of the 19th
Century.
Neighborhood Service Centers
A-95 Review
The Economic Development Project con-
tinues to operate its Neighborhood
On August 19, 1976 Robert DeCarlo, Housing
Service Centers throughout Robeson Cou-
Coordinator, attended the monthly meeting
nty. There now exists four (4)
of the Lumber River Council of Govern-
service centers:
ments at their office in Lumberton, N.C.
1) Bethel Hill N.S. Center
The agenda consisted of the A-95 review
Edith Hammonds, Director
of the General Community Programming Pro-
Telephone: 738-6955
ject (Economic Development). This process
is part of the Federal Office of Manage-
2) WOW N.S. Center
ment and Budget (OMB) A-95, review as
Uyon Sandoval, Director
stated by Federal Law, which appears in
Telephone: 628-9546
the Clearinghouse Procedures Manual. The
actions taken by LRCOG was the official
3) Evans Crossing N.S. Center
regional clearinghouse review covering
Eula Scott, Director
Region N of the State of North Carolina.
Telephone: 521-2006
The General Community Programming Project
4) Smithtown N.S. Center
was given a favorable recommendation.
Melba Lowery, Director
It was the COG's conclusion that "this
Telephone: 844-3903
project does not conflict with any regional
The purpose of these centers is to serve
Richmond Technical Institute, Fayette-
and cator to the needs of the Indian
ville Technical Institute, and Pem-
people in that respective target area.
broke State University.
If anyone needs some type of assistance,
please contact that particular center
After having visited and talked with
between the hours of 8:30 a.m. - 5:00 p.m.
representatives from each institute,
Dr. Blake and Ms. Condra suggested
that we set up some type of referral
program between LRDA and Union Carbide
Corporation. The main purpose of
TALENT SEARCH
this referral program would be to
place more Native Americans in these
areas at Union Carbide in permanent
All post-secondary institutions are in
positions. They also suggested that
session once again, and the Talent
we take interested persons up and
Search Project has students going off to
tour the Corporation this fall.
school in the following states: Alabama,
Florida, North Carolina, South Carolina,
Tennessee, Utah, and Virginia.
Financial Aid Booklet
Staff Worksites
The Lumbee Talent Search staff has
completed a Financial Aid Booklet for
For the new school year our Counselors
the purpose of furnishing the students
have been assigned to the following
the information needed when applying
schools: Mitchell Locklear, Orrum and
for financial aid. These financial
Fairmont High Schools; Wanda Hammonds,
aid booklets will be placed in all
Parkton and St. Pauls High Schools; Jane
secondary school libraries. Students
Hall, Prospect High; Nell Oxendine, Pem-
who need financial assistance will
broke and Maxton High Schools; Wanda Hunt,
be able to check these booklets out
Magnolia and Littlefield High Schools;
for a period of time and familarize
and Peggy Hunt will be at Fairgrove and
themselves with the different types
Rowland High Schools.
of grants, loans, and fellowships. It
is most important that the students
Union Carbide Corporation Representatives
know when and how to submit the appli-
cation. This booklet will help teach
On August 23, 1976, two representatives
the students some knowledge of respon-
of the Nuclear Division with Union Car-
sibility. These booklets will also
bide Corporation, Dr. Charles Blake and
be placed in all of LRDA working sites.
Ms: Kay Condra, came down to make some
efforts in recruiting people that were
interested and qualified for employment
Financial Aid Workshop
with Union Carbide.
The Lumbee Talent Search staff spon-
Dr. Blake and Ms. Condra met with several
sored a financial aid workshop on
staff people who could possibly assist
August 20, 1976 at the LRDA Annex
them in their recruitment. They were
Building. Mr. Ken Maynor gave the
particularly interested in people who had
welcome and expressed his appreciation
a strong background in fields such as:
for the workshop. The agenda was
math, biology, chemistry, physics, draf-
as follows: Ronald C. Brown, Registrar
ting, and office technology. To meet
from Robeson Technical Institute; Tommy
people in these particular fields they
Swett, Administrative Assistant to the
visited Robeson Technical Institute,
Chancellor, PSU; Dr. E. Allison, Dir-
ector of the N.C. Health Manpower Program;
Judge; James B. Locklear and J. Earl
Dr. Ollie M. Bowman, Dean of Admission,
Musselwhite--Candidates for County
Hampton Institute; and the Guest Speaker
Register of Deeds.
was Dr. Dalton Brooks, Executive Secretary
of Title IV Advisory Council. Following
An informal reception was held prior
the workshop was a student retreat. All
to the program, which began at 8:00
the students enjoyed the retreat because
p.m. The invocation was given by Rev.
it gave them the opportunity to meet and
Robert Mangum, Director of Robeson
make new friends with the other students.
County Church and Community Center.
After the retreat, Dr. Bowman presented
Opening remarks were presented by Ms.
a series of slides of Hampton Institute
Christine Moore, Educational Research
in Virginia. Dr. Allison shared with
& Planning Co-ordinator, LRDA. Robert
the group a movie called Billy and it
Locklear, Director of Community Food &
was enjoyed by all because the main
Nutrition Program, LRDA, introduced
character was an Indian Boy.
several visiting guests and served as
facilitator for the program. The
Eighty-six (86) students attended the
individual candidates' precentation,
workshop and one Guidance Counselor,
which consisted of three (3) minutes
Mr. Larece Hunt, from Fairgrove High
for each speaker, was the highlight on
School.
the agenda. This was followed by a
question and discussion session.
Approximately 125 persons from the
various communities throughout Robeson
LUMBEE INDIAN EDUCATION
County attended this event.
Candidates' Night Held
"Candidates' Night" was held on Tuesday,
August 3, 1976 at the LRDA-Annex Building
The Lumbee Indian Education Project
in Pembroke from 7 to 10 p.m. This
of LRDA is proud to announce the con-
event was sponsored by the LRDA (Lumbee
tinuation of the Community Services
Regional Development Association) Educ-
program for the fiscal year '76-77.
ational Advisory Committee.
The major objective of the Community
Services program is: "To provide for
Invited guests consisted of candidates for
school-base Cultural Enrichment Acti-
local office--the Robeson County Board
vities and other program services for
of Education, Board of Commissioners,
5 target schools maximizing the co-
State Legislature, District Judgeship, and
operation of the IEA committees that
County Register of Deeds. Those candi-
will strengthen the Indian community
dates present included the following:
involvement and role in the school.
Thurman Anderson, Ms. Shirley Britt, Mor-
ris Britt, Ms. Ruby L. Hammonds, Mr.
We are to provide the aforementioned
Laymon P. Locklear, Ms. Lillian F. Lock-
services to at least 600 students by
lear, Mr. Bernard Lowry, Mr. Robert
way of class instruction and field
Mangum, Mr. Ralph Hunt, Mr. L. Harbert
trips. Class instruction will involve
Moore, Mr. Simeon Oxendine, Mr. David R.
Indian culture and history from Pre-
Green, Mr. Carnell Locklear, and Dr.
Columbian period to contemporary pro-
Gerald Maynor (representing Tommy D.
blems in all parts of the U.S. We, of
Swett) -Candidates for County Board of
course, cannot do this alone. We will
Education; Mr. H. T. Taylor, Ms. Vera
be aided by principals, teachers, IEA
M. Lowry, Mr. Thomas D. McCallum,
committees, and Trio teams.
Mr. Bobby Dean Locklear, and Ms. Aileen
B. Holmes--Candidates for County Com-
Trio teams will be composed of one
missioner; Horace Locklear and David R.
student, one teacher, and one parent
Parnell-- Candidates for N.C. House of
from each school. They will in turn
Representatives; Henry W. Oxendine and
form their own committees to poll each
Craig Ellis--Candidates for District
other on the types of classes and when
and where classes will be taught. We will
group. Mr. Moving Rock, who was spoke-
then pool this information in conjunction
sman for the group, urged the Indian
with the principal and schedule the clas-
people of North Carolina to unite and
ses accordingly. These people will be
support the Trail of Self-Determination.
chosen by the principal and IEA committee.
His presentation consisted of the
numerous problems facing the Indian
Community Services will also offer during
people within the country, together
the summer months instruction in Native
with a summary of a 20-point solution
American Arts and Crafts for children and
which was presented to the White House
adults in the local communities.
and President Ford.
We shall also provide special on-going
Approximately 30 persons, including
assistance to all IEA committees in Rob-
Lumbees and Tuscaroras, from the local
eson and adjoining counties. In the 3rd
area attended the meeting.
quarter of operations we shall hold a
training session with assistance from
Title IV Part A Division headquarters
STORYTELLING TO BEGIN IN AUGUST
for IEA committees. We hope that each
year will be a better year for Indian
The Native American Library in the
students in Robeson and adjoining coun-
LRDA Annex Building will begin this
ties.
years' storytelling August on the 18th
and 25th at 3:00 p.m. for one (1) hour.
The Community Services staff consists of
the Native American Studies Co-ordinator,
The purpose of storytelling is to help
Henry W. Oxendine; the School Co-ordin-
Indian children of Robeson County to
ator, Florence Ransom; and the Director
understand who they are and to learn
of Community Services, Ed K. Chavis.
more about themselves as Native Ameri-
cans. The children will hear some
Lumbee Indian Education is funded under
music by Native Americans and learn
Part B of the Indian Education Act from
some songs.
the Office of Education, HEW.
This special hour is for children in
For further information, call 521-2401
Robeson County between the ages of
pre-school and 2nd grade. All Indian
children of this age group are invited.
TRAIL OF SELF-
DETERMINATION
The Media Specialist, Shirlean C. Hunt,
MEETING HELD
will begin her regular storytelling in
September at the three (3) Lumbee
A meeting of representatives from the
Longhouse Learning Centers (LLLC).
various Indian nations across the United
States was held in Pembroke, North Car-
olina on Wednesday, July 28, at 8:00 p.m.
at the LRDA Annex. The meeting focused
on "The Trail of Self-Determination.
An opening drum song was presented by
Harold G. Dial and the Hawk Claw Dancers.
The leaders of the traveling group--Ron
White Eagle (Ojibwa), , T.J. James (Colville),
Ron Buffalo (Sioux), and Barrie Moving
Rock (Cree) --introduced themselves to the
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT
(CETA)
Classroom Training
The Classroom Training Program has con-
Fayetteville Technical Institute will
sisted of preparations of meetings for
be among the Technical Institutes that
participants for the Fall Quarter at the
the program will be working with during
various technical institutes and community
the fall.
colleges and completion of forms and
follow ups on participants who have com-
This month orientation will be presented
pleted their training.
to all participants on August 31, 1976
at 4:00 p.m. at the LRDA Annex.
The participants who have completed their
training this program year and their
areas of training are as follows: General
PUBLIC SERVICE EMPLOYMENT
Office Technology--Carvicious Barfield,
Katheryn Eddings, Elayne Hagans, Diantha
The PSE program presently has fourty-
Locklear, Marilyn Oxendine, Vennie Sue
three (43) enrollees working. We have
Sweat; Accounting-Nancy Jacobs; Secretar-
five enrollees whose time will be up
ial Science-Marilyn Locklear Cosmotology-
at the end of September and we are
Patricia Barton, Doris F. Brayboy,
hoping they will be hired full time by
Pamela Hunt, Brenda K. Locklear, Cynthia
the agencies at which they are training.
Locklear, Lynda Jacobs; Practical Nursing-
This past month our PSE program had two
Reba Eddings, Brenda K. Locklear Jacobs;
enrollees hired full time. Dorthy
Police Science-Evelyn Clark, Gwen Hammonds,
Jane Chance was hired full time as
Jennifer Wynn; Welding-Gene T. Chavis,
Librarian by Mr. John N. Sampson at
Stanley Hunt, Helen O'Briant, Mary
Deep Branch School. Jimmy Bullard was
Pierce; Electrical Installation-Doro
training with the Hoke County Bus
Clark, James Arnold Hammonds, Terry
Garage as a mechanic and was hired
Williamson; Automotive Mechanics-Donald
full time also.
Revels, Marcus Strickland; Masonry -
Archie Jones, Jr.; Machinist-Willie
Oxendine, Air Conditioning & Refriger-
ON THE JOB TRAINING
ation-Jerry W. Locklear, James Lowery,
Horace Oxendine.
Our last group of OJT trainees finished
up June 30, 1976. We did not place
All of the above participants completed
any OJT trainees this three month per-
their training at Robeson Technical In-
iod. Our OJT program will start
stitute in May and/or August, 1976.
October 1, 1976. We will have 15 OJT
Twenty-one of these participants have
trainees for the four county area.
found jobs.
The OJT staff is in the process of
contacting private Indian businesses
Many of these participants completed
to place these 15 OJT trainees.
their training with honors. Katheryn
Eddings, Patricia Barton, Doris F.
Brayboy, and Ronald Dial completed their
WORK EXPERIENCE
training with honors. Those who were
selected among Who's Who were Gwen Ham-
The work experience component of the
monds, a Police Science student, and
CETA Program has completed a very
Archie Jones, Jr., in Masonry. Nancy
successful summer youth program. The
Jacobs, an accounting student, received
program was designed for economically
the Distinguished Service Award.
disadvantaged youth between the ages
of fourteen (14) and twenty-one (21)
years old. In order to give students
an opportunity to gain experience on a
tacted the Placement Officer for ref-
job, they were permitted to work thirty
erences on Wynn Oxendine. The Place-
(30) hours per week at a non-profit
ment Officer has been working closely
organization or public agency. The
with Mr. Hines for the last two (2)
summer youth program was in operation
months on various jobs that his agency
for a total of nine weeks - began June
has available. Mr. Oxendine also star-
14, ended August 13.
ted with Southern Pharmaceutical on
August 5th and will be in a training
Four hundred trainees were provided
program for (8) eight weeks.
employment in Robeson, Hoke, Bladen, and
Scotland counties. Public agencies have
During the month of August the Place-
been very cooperative in providing em--
ment Officer placed 11 clients
ployment for these young people.
in various positions in North Carolina
and Georgia.
September sixth (6th) will be the begin-
ning date for the IN-SCHOOL program;
this program is designed for economic-
ally disadvantaged youth between the
ages of fourteen (14) and twenty-one (21)
COMMUNITY FOOD AND NUTRITION PROGRAM
and who are considered full time students.
(CFNP)
One hundred youths will be employed to
work a total of eight (8) hours per week
The Community Food and Nutrition Pro-
FORD
at a rate of $2.30 per hour.
gram is pleased to announce that it
has successfully reached its planned
goal of serving the needy Indian
PLACEMENT OFFICER
families in Robeson County.
The primary purpose of the Placement
A total of 15 food vouchers were issued
Officer is to provide assistance to
during this quarter serving a total
clients that are unemployed. The Place-
of 113 men, women, and children.
ment Officer assists CETA participants
Twenty (20) families received instruc-
and walk-in clients in helping them lo-
tion in areas of meal preparation,
cate jobs within the four county area.
food budgeting, family budget, and
Food Stamp Programs.
During the month of August the Placement
Officer worked with Eckerds Drugs. Mr.
The quarterly results were completed
Boyles, the pharmacist, requested our
and submitted to the LRDA board for
assistance in locating a young female
review, comments, and approval. The
to assist in filling prescriptions. Their
CFNP Co-ordinator has worked closely
department will be hiring Vista Oxendine.
with the Robeson County Food Stamp
Task Force and the Robeson County
The Placement Officer also has been work-
Church and Community Center. Outreach
ing with Gregg Richardson of the N. C.
is steady reaching a point of awareness
Commission of Indian Affairs in relocat-
in terms of LRDA, CFNP, and all other
ing individuals from this area to seek
projects.
employment with state agencies in the
Raleigh and Greensboro area. Also,
Unfortunately, the Community Food and
the Placement Officer is taking applic-
Nutrition Program will end Tuesday,
ations for Southern Bell Telephone for
August 31, 1976. We hope to be refunded
the Charlotte area in conjunction with
later this year. All efforts of the
the N.C. Indian Commission.
program will cease on the date listed.
Mr. James Hines, District Director of
On behalf of the staff of CFNP, we thank
Southern Pharmaceutical of Georgia, con-
you for your support and look forward to
serving you again.