[Congressional Record Volume 164, Number 152 (Wednesday, September 12, 2018)]
[House]
[Pages H8128-H8129]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     LITTLE SHELL TRIBE OF CHIPPEWA INDIANS RESTORATION ACT OF 2018

  Mr. GIANFORTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3764) to extend the Federal recognition to the Little Shell 
Tribe of Chippewa Indians of Montana, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3764

       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 2018''.

     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. ACQUISITION OF LAND.

       (a) Homeland.--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) 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 
Montana (Mr. Gianforte) and the gentlewoman from Massachusetts (Ms. 
Tsongas) each will control 20 minutes.
  The Chair recognizes the gentleman from Montana.


                             General Leave

  Mr. GIANFORTE. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Montana?
  There was no objection.
  Mr. GIANFORTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in strong support of my bill, H.R. 3764, 
the Little Shell Tribe of Chippewa Indians Restoration Act. As the only 
Member from Montana in the House of Representatives, I am proud to 
sponsor a bill which 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 become eligible for all services and benefits provided by the 
Federal Government to federally recognized Tribes.
  The Tribe, as a condition of receiving Federal recognition, services, 
and benefits, must submit to the Secretary of the Interior a membership 
roll consisting of the name of each individual member of the Tribe and 
must maintain such membership roll.
  The act directs the Secretary of the Interior to acquire, for the 
benefit of the Tribe, trust title to 200 acres of land within the 
Tribe's service area to be used for a Tribal land base.
  I appreciate the work of Chairman Gray and the Little Shell people 
for

[[Page H8129]]

continuing this fight for recognition. I urge adoption of the measure.
  Mr. Speaker, I reserve the balance of my time.
  Ms. TSONGAS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Federal recognition of Native American Tribes is 
critical to protecting their Tribal sovereignty and restoring the 
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.
  Introduced by Representative Gianforte, H.R. 3764 will extend Federal 
recognition to the Little Shell Tribe of Chippewa Indians of Montana. 
The Little Shell Tribe has resided in Montana for well over a century 
and has long been recognized as a Tribe by the State.
  The Tribe is a political successor to the 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. 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 Tribe has repeatedly petitioned the Federal Government for 
Federal recognition--first in the 1930s and '40s under the Indian 
Reorganization Act, and later, starting in 1978, through the Department 
of Interior's so-called Part 83 process. However, despite their long 
and well-documented history, each time they were deprived of their 
rightful Federal recognition.
  H.R. 3764 finally extends recognition to the Little Shell Tribe, 
making all Federal laws and regulations of general applicability to 
Indians and Indian Tribes applicable as well to Little Shell and its 
members.
  Federal recognition of the 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 for the Little 
Shell is long overdue, and I urge my colleagues to vote ``yes'' on this 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GIANFORTE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Montana (Mr. Gianforte) that the House suspend the rules 
and pass the bill, H.R. 3764, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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