A Milestone for Sovereignty: Lumbee Federal Recognition Included in the 2026 NDAA

A historic legislative provision granting federal recognition to the Lumbee Tribe of North Carolina was included in the extensive 3,086-page National Defense Authorization Act (NDAA) for 2026, a massive defense spending bill released by congressional leaders on Sunday. The NDAA, which is the annual legislation authorizing funding for the Department of Defense, nuclear weapons programs under the Department of Energy, and various defense-related activities, frequently serves as a vehicle for diverse congressional provisions to be passed into law.

The inclusion of this provision marks a critical step toward federal acknowledgment for the Lumbee Tribe, one of the largest Native American tribes in the eastern United States, which has long been recognized at the state level but denied federal status for decades. For the tribe to officially gain federal recognition, the bill must still navigate the legislative process by being successfully passed by Congress and subsequently signed into law by the President.

If enacted, the law would extend to the Lumbee Tribe all federal statutes that apply generally to recognized tribes, notably including the landmark Indian Reorganization Act of 1934. This broad application means that members of the tribe will become eligible for a range of federal services and benefits, including critical programs related to health, education, and economic development assistance. However, the immediate distribution of these services is contingent upon two administrative steps: the verification of the tribal roll and a subsequent determination of specific needs by federal agencies.

The legislation includes specific geographic parameters for service delivery. Tribal members residing in Robeson, Cumberland, Hoke, and Scotland counties will be officially considered "on or near" an Indian reservation for the purpose of receiving federal services. Furthermore, the law grants authority to the Secretary of the Interior to take land into trust for the Lumbee Tribe within these same counties. Land taken into trust within Robeson County will be designated as "on-reservation" under federal regulations, a significant jurisdictional distinction. Federal officials are mandated to consult with the tribe to assess specific needs, with the initial report to Congress due in the fiscal year immediately following the completion of the tribal roll verification.

On jurisdictional matters, the legislation establishes a layered authority structure. The state of North Carolina will retain oversight for criminal and civil matters on Lumbee land unless a formal transfer of authority to the federal government is negotiated. Any such transfer, however, is limited by a 12-year waiting period and requires mandatory consultation with the U.S. Attorney General. Additionally, the law stipulates that any claims against the United States that predate the enactment of the law still require separate congressional authorization to proceed.

Lawmakers and tribal leaders have universally hailed the inclusion of the provision in the NDAA, celebrating it as a critical move toward establishing equity and fully recognizing the tribe’s sovereignty.