114 S35 IS: Little Shell Tribe of Chippewa Indians Restoration Act of 2015
U.S. Senate
2015-01-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Little Shell Tribe of Chippewa Indians Restoration Act of 2015
.2.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. 461 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. 461 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. 461
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.3.In this Act:(1)The term member means an
individual who is enrolled in the Tribe pursuant to section 7.(2)The term Secretary means the
Secretary of the Interior.(3)The term Tribe means the
Little Shell Tribe of Chippewa Indians of Montana.4.(a)Federal recognition is extended to the
Tribe.(b)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. 461 et seq.)
(commonly known as the Indian Reorganization Act
), shall apply
to the Tribe and members.5.Federal services and benefits(a)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)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.6.(a)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)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.7.(a)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 membershipThe 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)The Tribe shall maintain the membership
roll under this section.8.(a)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)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. 465) (commonly known as the Indian Reorganization
Act
).