[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 51 Reported in Senate (RS)]
<DOC>
Calendar No. 399
116th CONGRESS
2d Session
S. 51
[Report No. 116-190]
To extend the Federal recognition to the Little Shell Tribe of Chippewa
Indians of Montana, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 8, 2019
Mr. Tester (for himself and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
January 6, 2020
Reported by Mr. Hoeven, without amendment
_______________________________________________________________________
A BILL
To extend the Federal recognition to the Little Shell Tribe of Chippewa
Indians of Montana, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Little Shell Tribe of Chippewa
Indians Restoration Act of 2019''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Little Shell Tribe of Chippewa Indians is a
political successor to signatories of the Pembina Treaty of
1863, under which a large area of land in the State of North
Dakota was ceded to the United States;
(2) the Turtle Mountain Band of Chippewa of North Dakota
and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of
Montana, which also are political successors to the signatories
of the Pembina Treaty of 1863, have been recognized by the
Federal Government as distinct Indian tribes;
(3) the members of the Little Shell Tribe continue to live
in the State of Montana, as their ancestors have for more than
100 years since ceding land in the State of North Dakota as
described in paragraph (1);
(4) in the 1930s and 1940s, the Tribe repeatedly petitioned
the Federal Government for reorganization under the Act of June
18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the
``Indian Reorganization Act'');
(5) Federal agents who visited the Tribe and Commissioner
of Indian Affairs John Collier attested to the responsibility
of the Federal Government for the Tribe and members of the
Tribe, concluding that members of the Tribe are eligible for,
and should be provided with, trust land, making the Tribe
eligible for reorganization under the Act of June 18, 1934 (25
U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act'');
(6) due to a lack of Federal appropriations during the
Depression, the Bureau of Indian Affairs lacked adequate
financial resources to purchase land for the Tribe, and the
members of the Tribe were denied the opportunity to reorganize;
(7) in spite of the failure of the Federal Government to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Act of June 18, 1934 (25
U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act''), the Tribe continued to exist as a
separate community, with leaders exhibiting clear political
authority;
(8) the Tribe, together with the Turtle Mountain Band of
Chippewa of North Dakota and the Chippewa-Cree Tribe of the
Rocky Boy's Reservation of Montana, filed 2 law suits under the
Act of August 13, 1946 (60 Stat. 1049) (commonly known as the
``Indian Claims Commission Act''), to petition for additional
compensation for land ceded to the United States under the
Pembina Treaty of 1863 and the McCumber Agreement of 1892;
(9) in 1971 and 1982, pursuant to Acts of Congress, the
tribes received awards for the claims described in paragraph
(8);
(10) in 1978, the Tribe submitted to the Bureau of Indian
Affairs a petition for Federal recognition, which is still
pending as of the date of enactment of this Act; and
(11) the Federal Government, the State of Montana, and the
other federally recognized Indian tribes of the State have had
continuous dealings with the recognized political leaders of
the Tribe since the 1930s.
SEC. 3. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to section 7.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Little Shell Tribe
of Chippewa Indians of Montana.
SEC. 4. FEDERAL RECOGNITION.
(a) In General.--Federal recognition is extended to the Tribe.
(b) Effect of Federal Laws.--Except as otherwise provided in this
Act, all Federal laws (including regulations) of general application to
Indians and Indian tribes, including the Act of June 18, 1934 (25
U.S.C. 5101 et seq.) (commonly known as the ``Indian Reorganization
Act''), shall apply to the Tribe and members.
SEC. 5. FEDERAL SERVICES AND BENEFITS.
(a) In General.--Beginning on the date of enactment of this Act,
the Tribe and each member shall be eligible for all services and
benefits provided by the United States to Indians and federally
recognized Indian tribes, without regard to--
(1) the existence of a reservation for the Tribe; or
(2) the location of the residence of any member on or near
an Indian reservation.
(b) Service Area.--For purposes of the delivery of services and
benefits to members, the service area of the Tribe shall be considered
to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties
in the State of Montana.
SEC. 6. REAFFIRMATION OF RIGHTS.
(a) In General.--Nothing in this Act diminishes any right or
privilege of the Tribe or any member that existed before the date of
enactment of this Act.
(b) Claims of Tribe.--Except as otherwise provided in this Act,
nothing in this Act alters or affects any legal or equitable claim of
the Tribe to enforce any right or privilege reserved by, or granted to,
the Tribe that was wrongfully denied to, or taken from, the Tribe
before the date of enactment of this Act.
SEC. 7. MEMBERSHIP ROLL.
(a) In General.--As a condition of receiving recognition, services,
and benefits pursuant to this Act, the Tribe shall submit to the
Secretary, by not later than 18 months after the date of enactment of
this Act, a membership roll consisting of the name of each individual
enrolled as a member of the Tribe.
(b) Determination of Membership.--The qualifications for inclusion
on the membership roll of the Tribe shall be determined in accordance
with sections 1 through 3 of article 5 of the constitution of the Tribe
dated September 10, 1977 (including amendments to the constitution).
(c) Maintenance of Roll.--The Tribe shall maintain the membership
roll under this section.
SEC. 8. ACQUISITION OF LAND.
(a) Homeland.--The Secretary shall acquire, for the benefit of the
Tribe, trust title to 200 acres of land within the service area of the
Tribe to be used for a tribal land base.
(b) Additional Land.--The Secretary may acquire additional land for
the benefit of the Tribe pursuant to section 5 of the Act of June 18,
1934 (25 U.S.C. 5108) (commonly known as the ``Indian Reorganization
Act'').
Calendar No. 399
116th CONGRESS
2d Session
S. 51
[Report No. 116-190]
_______________________________________________________________________
A BILL
To extend the Federal recognition to the Little Shell Tribe of Chippewa
Indians of Montana, and for other purposes.
_______________________________________________________________________
January 6, 2020
Reported without amendment