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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