[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5804 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5804
To extend the Federal relationship to the Little Shell Tribe of
Chippewa Indians of Montana as a distinct federally recognized Indian
tribe, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2006
Mr. Rehberg introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To extend the Federal relationship to the Little Shell Tribe of
Chippewa Indians of Montana as a distinct federally recognized Indian
tribe, 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 2006''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Tribe.--The term ``Tribe'' means the Little Shell Tribe
of Chippewa Indians of Montana.
(2) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to section 7.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Little Shell Tribe of Chippewa Indians is one of
the political successors to signatories to the Pembina Treaty
of 1863, by which a large area of land in what is now 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
to the Pembina Treaty of 1863, already have been recognized by
the Federal Government as distinct Indian tribes.
(3) The members of the Little Shell Tribe of Chippewa
continue to live in Montana as their ancestors have done for
more than a century since their ancestors ceded their lands in
North Dakota.
(4) The Little Shell Tribe repeatedly petitioned the
Federal Government for reorganization in the 1930s and 1940s
under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly
referred to as the ``Indian Reorganization Act''). Federal
agents who visited the Little Shell Tribe and Commissioner of
Indian Affairs John Collier attested to the Federal
Government's responsibility toward the Little Shell Indians.
These officials concluded that Little Shell tribal members were
eligible for and should be provided with trust land, thereby
making the Tribe eligible for reorganization under the Indian
Reorganization Act. Due to a lack of Federal appropriations
during the Depression, however, the Bureau lacked adequate
financial resources to purchase land for the Tribe, and the
Little Shell people were thereby denied the opportunity to
reorganize.
(5) In spite of the Federal Government's failure to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Indian Reorganization
Act, the Tribe continued to exist as a separate community with
leaders exhibiting clear political authority. 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 two suits under the Indian Claims
Commission Act of 1946 to petition for additional compensation
for lands ceded to the United States by the 1863 Treaty and
1892 McCumber Agreement. These tribes received Indian Claims
Commission awards, which were distributed under 1971 and 1982
Acts of Congress.
(6) The Tribe petitioned the Bureau of Indian Affairs for
recognition through the Bureau's Federal Acknowledgement
Process in 1978. Nearly 30 years later, the Tribe's petition is
still pending.
(7) The United States Government, the State of Montana, and
the other federally recognized Indian Tribes of Montana have
had continuous dealings with the recognized political leaders
of the Little Shell Tribe from the 1930s through the present.
SEC. 4. FEDERAL RECOGNITION.
Federal recognition of the Little Shell Tribe of Chippewa Indians
of Montana is hereby extended. All laws and regulations of the United
States of general application to Indians or nations, tribes, or bands
of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)
that are not inconsistent with any specific provision of this Act,
shall be applicable to the Tribe and its members.
SEC. 5. FEDERAL SERVICES AND BENEFITS.
(a) In General.--The Tribe and its members shall be eligible, on
and after the date of the enactment of this Act, for all services and
benefits furnished to Federally recognized Indian tribes without regard
to the existence of a reservation for the Tribe or the location of the
residence of any member on or near any Indian Reservation.
(b) Service Area.--For purposes of the delivery of Federal services
to enrolled members of the Tribe, the service area of the Tribe shall
be deemed to be the area comprised of Blaine, Cascade, Glacier and Hill
Counties in Montana.
SEC. 6. REAFFIRMATION OF RIGHTS.
Nothing in this Act shall be construed to diminish any right or
privilege of the Tribe, or the members thereof, that existed prior to
the date of enactment of this Act. Except as otherwise specifically
provided in any other provision of this Act, nothing in this Act shall
be construed as altering or affecting any legal or equitable claim the
Tribe might have to enforce any right or privilege reserved by or
granted to the Tribe which was wrongfully denied to or taken from the
Tribe prior to the enactment of this Act.
SEC. 7. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals enrolled as members of the Tribe. The
qualification for inclusion on the membership roll of the Tribe shall
be determined in accordance with Article 5, Sections 1-3, of the
Tribe's September 10, 1977, Constitution. The Tribe shall ensure that
such membership roll is maintained and kept current.
SEC. 8. TRANSFER OF LAND FOR THE BENEFIT OF THE TRIBE.
(a) Homeland.--The Secretary shall acquire trust title to 200 acres
of land within the Tribe's service area for the benefit of the Tribe
for a tribal land base.
(b) Additional Lands.--The Secretary may acquire additional lands
for the Tribe pursuant to the authorities granted in section 5 of the
Indian Reorganization Act (25 U.S.C. 465).
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