Lumbee Gaming Ordinance Certified, Heads to December Referendum

The Lumbee Tribe's effort to open a casino has moved into a new phase. Tribal Chairman John Lowery has certified the Lumbee gaming ordinance as an ordinance affecting fundamental rights, which sends the measure to a referendum that is expected in mid-December. The order of operations is the unusual part: rather than asking members to approve gaming, the process lets members vote to rescind it.

Under the procedure described in local reporting, tribal members may vote to rescind the ordinance, and if they do not, it takes effect. A rescission requires participation by at least 30 percent of eligible voters. The Election Board is expected to announce the date in the coming days. Two other tribal votes are already on the calendar: a regular election on November 17 and a clean water ordinance referendum on December 3.

How the ordinance got here

The Lumbee Tribal Council passed the gaming ordinance in mid-October by a 14-2 vote, after committee review and four discretionary public hearings. Council Speaker Alex Baker framed the result as a hand-off to the membership, saying the question now "belongs to the Lumbee People." Our earlier report on the 14-2 council vote covers that step, and the September public hearings show how the draft was shaped.

The ordinance follows a failed attempt earlier in the year. On June 23, tribal voters rejected a constitutional amendment that would have authorized gaming, with roughly 62 percent of participating voters opposed, according to reporting at the time. About 9,000 of the tribe's roughly 55,000 members cast ballots. Opponents raised concerns that the amendment would concentrate too much authority in the tribal chairperson, and some objected to casino gambling on religious grounds. Two days after the vote, the Council directed its general counsel, Joshua Malcolm, to examine other legal pathways for hospitality and entertainment, including gaming. The ordinance is the product of that review. Our coverage of the June special election has the background.

The chairman's role in the latest step is worth reading carefully. Lowery said after the June vote that he would not pursue gaming for the remainder of his term, which runs through 2027. The tribe's constitution nonetheless required him to certify an ordinance that the Council had passed and that affects fundamental rights. Certification is a procedural duty, not an endorsement, and it is what triggers the referendum.

What the Lumbee gaming ordinance would create

The ordinance is built in two parts. Part I establishes the Lumbee Gaming Commission as the tribe's regulator, and that part also requires approval from the National Indian Gaming Commission. Part II establishes the Lumbee Gaming Authority as the operating entity. That separation of regulator and operator mirrors the structure the Indian Gaming Regulatory Act expects of tribal gaming, and it is explained in our guide to the IGRA ordinance and NIGC approval process.

The ordinance covers Class III gaming, the casino-style category that includes slot machines and banked table games. Under IGRA, Class III gaming is lawful only if it is authorized by a tribal ordinance, takes place in a state that permits such gaming for any purpose, and is conducted under a tribal-state compact. That last requirement means the Lumbee ordinance, even if it survives the referendum, is preparation rather than authorization. A compact with North Carolina would still have to be negotiated, ratified by the tribe, and then reviewed by the Secretary of the Interior, who has 45 days to act before a compact is considered approved by operation of law, to the extent it is consistent with the statute. The mechanics are described in our explainer on approval by operation of law.

The land and recognition questions

Two threshold issues sit underneath the vote. The first is eligibility. Congress granted the Lumbee federal recognition roughly six months before the June election, ending an effort that had lasted more than a century, and reporting says that recognition opened the door to gaming under IGRA. How recognition interacts with gaming eligibility is covered in our federal recognition and gaming eligibility explainer.

The second is land. Reporting describes a roughly 240-acre parcel along Interstate 95 in Robeson County, and the tribe has proposed a resort concept that includes hotels, a museum and heritage center, an entertainment and convention space, and a golf course. Under IGRA, gaming generally must occur on Indian lands, and the process by which land is placed into trust, or otherwise qualifies, is separate from a tribal vote. Readers following the broader regional picture can find it in our analysis of the Southeast as tribal gaming's next frontier.

What to watch in December

Three signals will indicate how the effort develops. The first is the date and rules the Election Board sets, including how the 30 percent participation threshold is calculated and publicized. The second is turnout: because rescission depends on a participation floor, the number of members who engage will matter as much as the direction of their votes. The third is whether North Carolina officials signal any interest in opening compact talks, since no tribal vote can substitute for a state agreement.

The June result showed a membership that is divided and engaged, with a sizeable share unconvinced by the case for gaming. The December vote tests a different question under different rules, and the outcome should not be assumed from the earlier one. For readers new to the framework governing these decisions, the TribalGaming.com Legal Guide explains IGRA's classes of gaming, compact requirements, and federal review. We will update this coverage when the Election Board publishes the referendum date.