March 26, 2019 - Issue: Vol. 165, No. 52 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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LITTLE SHELL TRIBE OF CHIPPEWA INDIANS RESTORATION ACT OF 2019; Congressional Record Vol. 165, No. 52
(House of Representatives - March 26, 2019)
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[Pages H2813-H2814] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] LITTLE SHELL TRIBE OF CHIPPEWA INDIANS RESTORATION ACT OF 2019 Mr. GRIJALVA. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 297) to extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 297 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. DEFINITIONS. In this Act: (1) Member.--The term ``member'' means an individual who is enrolled in the Tribe pursuant to section 6. (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. 3. 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. 4. 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. 5. 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. 6. 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. 7. TRANSFER OF LAND. (a) Homeland.--The Secretary shall acquire, for the benefit of the Tribe, trust title [[Page H2814]] 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''). The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Arizona (Mr. Grijalva) and the gentleman from California (Mr. Cook) each will control 20 minutes. The Chair recognizes the gentleman from Arizona. General Leave Mr. GRIJALVA. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the measure under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Arizona? There was no objection. Mr. GRIJALVA. Madam Speaker, I yield myself as much time as I may consume. Madam Speaker, H.R. 297 will extend Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. Federal recognition of Native American Tribes is critical to protecting their tribal sovereignty and restoring a tribe's ability to control its land, its water, and its resources, as well as the ability to govern and to protect the health, safety, and welfare of its members. The Little Shell Tribe has resided in Montana for well over a century and has long been recognized as a tribe by the State of Montana. The Little Shell Tribe is a political successor to the signatories of the Pembina Treaty of 1863, under which a large area of the land in the State of North Dakota was ceded to the United States. While the Federal Government has federally recognized the two other Tribes that are successors to the signatories of the treaty, the Little Shell have inexplicably been left in limbo. The Little Shell Tribe has repeatedly petitioned the Federal Government for Federal recognition, first in the 1930s and 1940s under the Indian Reorganization Act, and later, starting in 1978, through the Department of the Interior's recognition process. However, despite their long and well-documented history, they were deprived of their rightful Federal recognition each time. H.R. 297 finally extends recognition to the Little Shell Tribe, making all Federal laws and regulations of general applicability to Indians and Indian Tribes applicable to Little Shell and its members. Federal recognition of the Little Shell Tribe enjoys broad support in Montana, including support from the Governor's office, the Montana State Legislature, the surrounding counties and cities, and from all the other federally recognized Montana Tribes. Recognition of the Little Shell is long overdue. Madam Speaker, I urge my colleagues to vote ``yes'' on H.R. 297, and I reserve the balance of my time. Mr. COOK. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, H.R. 297, sponsored by Congressman Gianforte, would extend Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. With Federal recognition, the Little Shell Tribe and its members would be eligible for all services and benefits provided by the Federal Government to Indians because of their status as Indians. A previous version of this bill passed without opposition in the last Congress, thanks in large part to the gentleman from Montana (Mr. Gianforte), who has been a tireless advocate of recognizing the Little Shell Tribe and whose work has been instrumental to bring this legislation closer to the finish line. Madam Speaker, I yield 2 minutes to the gentleman from Montana (Mr. Gianforte). Mr. GIANFORTE. Madam Speaker, I thank the gentleman for the time. Madam Speaker, I rise today to once again provide the Little Shell Tribe of Chippewa Indians of Montana with the overdue Federal recognition that they deserve. The Little Shell Tribe began petitioning the Federal Government for recognition in the 1930s, over 80 years ago. Last year, the Little Shell Tribe of Chippewa Indians Restoration Act passed this Chamber unanimously. It was the first time that a bill providing Federal recognition to the Little Shell Tribe passed either the House or the Senate. Following the passage in the House, however, the uncontroversial bill hit a roadblock in the Senate. Today, we again take up their worthy cause as we pass this bill. Madam Speaker, I thank Chairman Grijalva and Ranking Member Bishop for their continued support. This Congress should provide the Little Shell Tribe with the Federal recognition it deserves, particularly after its eight decades of dedicated efforts. Hopefully, my colleagues in the Senate will recognize the importance of this legislation. Madam Speaker, I urge a ``yes'' vote on the bill. Mr. GRIJALVA. Madam Speaker, I have no further requests for time, and I want to extend our appreciation for his work to the sponsor of the legislation. It passed unanimously, as he indicated, and there is no reason why we can't do that again today. Madam Speaker, I yield back the balance of my time. Mr. COOK. Madam Speaker, I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Arizona (Mr. Grijalva) that the House suspend the rules and pass the bill, H.R. 297. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Mr. GRIJALVA. Madam Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this motion will be postponed. ____________________
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