Politics & Government

NC Lumbee lawmaker questions Josh Stein’s appointment of Cherokee chief

Rep. Jarrod Lowery holds his 21-day-old daughter Madysn as the Pledge of Allegiance is recited during the opening session of the N.C. House of Representatives Wednesday, Jan. 11, 2023.
Rep. Jarrod Lowery holds his 21-day-old daughter Madysn as the Pledge of Allegiance is recited during the opening session of the N.C. House of Representatives Wednesday, Jan. 11, 2023. ehyman@newsobserver.com

A Republican state lawmaker — the only Native American in the General Assembly — is objecting to Democratic Gov.-elect Josh Stein choosing a Cherokee chief for his transition team.

Rep. Jarrod Lowery of Robeson County, who is part of the Lumbee Tribe and the only Native American member of the General Assembly, released a letter Saturday about his concerns over Stein’s appointment of Principal Chief Michell Hicks, of the Eastern Band of Cherokee Indians. Hicks chairs Stein’s transition committee for the N.C. Department of Administration, a state agency whose leader is part of the governor’s cabinet.

Lumbee Indians have not received federal recognition. Among North Carolina-based tribes, only the Eastern Band of Cherokee Indians are federally recognized. Republican and Democratic lawmakers have supported dozens of bills over several years to recognize the Lumbee, The News & Observer previously reported. Hicks opposes it.

Both President Joe Biden and President-elect Donald Trump have supported Lumbee recognition.

In his letter to Stein, Lowery criticized Hicks’ “divisive rhetoric and actions” and said a board within the Department of Administration, the Commission of Indian Affairs, “has long served as the bridge between state government and tribal communities. Chief Hicks’s appointment raises serious concerns about whether this vital institution will remain a space of collaboration for all tribes.”

Lowery wrote that “we are deeply troubled” by Hicks’ appointment and that it “raises questions about the future of the Commission and whether its critical role in representing all tribes in the state will remain intact.”

“I think this is definitely headed in the right direction, but I still need additional information,” Principal Chief Michell Hicks of the Eastern Band of Cherokee Indians said about the Cherokee cannabis operation on Monday, Oct. 9, 2023.
“I think this is definitely headed in the right direction, but I still need additional information,” Principal Chief Michell Hicks of the Eastern Band of Cherokee Indians said about the Cherokee cannabis operation on Monday, Oct. 9, 2023. SCREEN SHOT OF CHEROKEE TRIBAL COUNCIL MEETING

Lowery went on to say that Hicks’ vision “marginalizes other tribes in North Carolina” and that he wants Stein to clarify what Hicks’ influence may be on tribal policy.

Stein declined to comment on Lowery’s letter. Former Lumbee Tribal Chairman Harvey Godwin Jr. is on Stein’s transition committee, according to Stein’s transition team.

Chief Hicks’ response

Hicks told The N&O in a statement Monday evening that he’s honored to support Stein on his transition team.

“(Stein’s) vision for an inclusive and forward-thinking administration is one I fully support. This appointment allows me to assist, with my extensive experience managing a sovereign government, in shaping a leadership team that reflects the needs of all North Carolinians while also providing an opportunity for Native voices to be part of these important conversations and be actively involved in decisions that will shape our shared future,” Hicks said.

“I have dedicated my career to defending sovereignty, advancing economic development, and preserving our cultural identity. Moving forward, I am committed to building partnerships that strengthen our communities, open new doors of opportunity, and build a stronger, more united future for all North Carolinians,” he added.

In Lowery’s letter to Stein, he also criticized campaign donations made to Stein by the Eastern Band of Cherokee Indians, writing that: “This appointment raises questions about the influence of such significant financial contributions, as Chief Hicks understands that while the Eastern Band make up a very small percentage of the American Indian population of North Carolina, money from his FOUR casinos can wield a big stick,” Lowery said.

The Eastern Band owns two casinos in North Carolina, in Cherokee and Murphy.

Campaign finance records show that the Eastern Band has donated thousands of dollars to Stein since 2008. Donations include $5,400 when he was attorney general in 2022, $5,400 to Stein’s attorney general campaign twice in 2020, and $5,100 to his state Senate campaign in 2016.

Casinos are legal in North Carolina only on tribal lands, though Republican state lawmakers tried and failed to reach a deal to expand casinos elsewhere in the state in 2023.

The Eastern Band has made hundreds of thousands of dollars in campaign donations in recent years, including to Republican and Democratic lawmakers and groups.

The tension between the Lumbee and the Cherokee doesn’t show signs of dissipating anytime soon.

On Monday, the North Carolina Commission of Indian Affairs sent an email to legislators sharing a statement criticizing the Eastern Band over “actions and statements” that “question the legitimacy of other Tribal Nations, which we find deeply concerning.” The statement was adopted by the commission, which did not include representatives of the Eastern Band, at its quarterly meeting on Friday.

The statement, in the form of a letter addressed to Hicks, says “the EBCI’s ongoing efforts to belittle and undermine their tribal brothers and sisters hinder this essential unity. Such “Indian against Indian” behavior not only weakens the individual tribes but also harms the collective strength of all tribes in North Carolina. This conduct is shameful, counterproductive, and inconsistent with the responsibilities and values that should guide tribal leadership.” It was signed by Ricky Burnett, chair of the N.C. Commission of Indian Affairs.

Lowery is asking Stein for a meeting to discuss his concerns. Lowery told The N&O late Monday afternoon that he had not yet received a response from Stein, “but I hope we get to sit down with him to discuss these issues soon.”

Stein attended Lumbee Homecoming events in July while he was campaigning for governor.

This story was originally published December 9, 2024 at 1:10 PM with the headline "NC Lumbee lawmaker questions Josh Stein’s appointment of Cherokee chief."

Dawn Baumgartner Vaughan
The News & Observer
Dawn Baumgartner Vaughan is the Capitol Bureau Chief for The News & Observer, leading coverage of the legislative and executive branches in North Carolina with a focus on the governor, General Assembly leadership and state budget. She has received the McClatchy President’s Award, N.C. Open Government Coalition Sunshine Award and several North Carolina Press Association awards, including for politics and investigative reporting.
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