[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3120 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3120

    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 7, 2009

 Mr. Rehberg introduced the following bill; which was referred to the 
                     Committee on Natural 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 2009''.

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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