[Congressional Record Volume 164, Number 201 (Thursday, December 20, 2018)]
[Senate]
[Pages S7971-S7974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  UNANIMOUS CONSENT REQUEST--H.R. 3764

  Mr. DAINES. Mr. President, my Montana colleagues, Congressman 
Gianforte and Senator Tester, and I have worked for years to bring 
Federal recognition to the Little Shell Tribe, and for the first time, 
we are just one vote away from making it happen.
  Congressman Gianforte championed his bill through the House with 
unanimous votes in the committee and on the floor. When it came to the 
Senate, Senator Tester and I pressed it, also by unanimous consent, 
through the Indian Affairs Committee. Now, with just hours left in the 
115th Congress, we need to pass this important bill out of the Senate 
and get it on the President's desk.
  The Little Shell Tribe has waited for lifetimes. It should not have 
to wait another year to get this done. Therefore, in the fashion of all 
of the previous votes on this bill that have had strong bipartisan 
support, I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 574, H.R. 3764. I ask unanimous 
consent that the bill be considered read a third time and passed and 
that the motion to reconsider be considered made and laid upon the 
table.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Utah.
  Mr. LEE. Mr. President, in reserving the right to object, Tribal 
recognition is a very serious matter. It is not one that should be 
undertaken lightly. Given the sacred nature of Tribal recognition and 
the significant impact it has both on the Tribe in question and on the 
U.S. Government, as well as on surrounding communities, we have an 
orderly process by which this needs to be done.
  In 2009, the Bureau of Indian Affairs, having considered the argument 
by the Little Shell, concluded it had failed to meet three of the seven 
categories that are typically considered for Tribal recognition, and on 
that basis, the Bureau turned down its application. It has been 
suggested that there is still an appeal pending--a challenge to that 
finding--by the Little Shell.
  I am not aware of any legal analysis suggesting that the Bureau of 
Indian Affairs got it wrong. This is not to say that Congress cannot or 
should not or could not decide on its own to recognize it. Yes, this is 
a power that Congress has. Yet, as I see it, those seven criteria ought 
to be considered and considered carefully. I am aware of no

[[Page S7972]]

legal analysis indicating that the conclusion by the Bureau of Indian 
Affairs in 2009 was inadequate or flawed.
  For that reason, I object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Montana.
  Mr. DAINES. Mr. President, I have great respect for the objection by 
my friend and my colleague from Utah.
  I do feel the need to point out that the Little Shell Tribe meets all 
of the necessary qualifications for recognition, including its having a 
long history that predates 1940. Let me enumerate on this.
  Little Shell is the only Tribe in the country that has funds held in 
trust by the Department of the Interior but yet lacks Federal 
recognition. The Little Shell Tribe is the only Tribe that has had a 
favorable determination by the Department of the Interior and has had 
it reversed by a bureaucrat with zero negative comments. That decision, 
however, was remanded by the previous Secretary, and Secretary Zinke 
strongly supports our efforts here today. The Little Shell has, indeed, 
existed as a distinct community--recorded as early as 1863 in the 
Pembina Treaty with the U.S. Government.
  I ask unanimous consent that this treaty, with Chief Little Shell's 
name on it, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

           Treaty With the Chippewa Indians--October 2, 1868


Treaty between the United States and the Red Lake and Pembina Bands of 
Chippewa Indians; concluded in Minnesota, October 2, 1868; ratified by 
  the Senate with Amendments, March 1, 1864; amendments assented to, 
 April 12, 1864; proclaimed by the President of the United States, May 
                                5, 1864.

           BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

                             A Proclamation

     To All and Singular to Whom There Presents Shall Come, 
         Greeting:
       Whereas a treaty was made and concluded at the Old Crossing 
     of Red Lake River, in the State of Minnesota, on the second 
     day of October, in the year of our Lord one thousand eight 
     hundred and sixty-three, by and between Alexander Ramsey and 
     Ashley C. Morrill, Commissioners on the part of the United 
     States, and the hereinafter named Chiefs, Headmen, and 
     Warriors of the Red Lake and Pembina Bands of Chippewa 
     Indians, on the part of said Bands, and duly authorized 
     thereto by them, which treaty is in the words and figures 
     following, to wit:--
       Articles of A Treaty made and concluded at the Old Crossing 
     of Red Lake River, in the State of Minnesota, on the second 
     day of October, in the year eighteen hundred and sixty-three, 
     between the United States of America, by their Commissioners, 
     Alexander Ramsey and Ashley C. Morrill, agent for the 
     Chippewa Indians, and the Red Lake and Pembina Bands of 
     Chippewas, by their Chiefs, Headmen, and Warriors.
       Article I. The peace and friendship now existing between 
     the United States and the Red Lake and Pembina bands of 
     Chippewa Indians shall be perpetual.
       Article II. The said Red Lake and Pembina bands of Chippewa 
     Indians do hereby cede, sell, and convey to the United States 
     all their right, title, and interest in and to all the lands 
     now owned and claimed by them in the State of Minnesota and 
     in the Territory of Dakota within the following described 
     boundaries, to wit: Beginning at the point where the 
     international boundary between the United States and the 
     British possessions intersects the shore of the Lake of the 
     Woods; thence in a direct line south-westwardly to the head 
     of Thief River; thence down the main channel of said Thief 
     River to its mouth on the Red Lake River; thence in a south-
     easterly direction, in a direct line towards the head of Wild 
     Rice River, to the point where such line would intersect the 
     northwestern boundary of a tract ceded to the United States 
     by a treaty concluded at Washington on the twenty-second day 
     of February, in the year eighteen hundred and fifty-five, 
     with the Mississippi, Pillager, and Lake Winnebigoshish bands 
     of Chippewa Indians; thence along the said boundary line of 
     the said cession to the mouth of Wild Rice River; thence up 
     the main channel of the Red River to the mouth of the 
     Shayenne; thence up the main channel of the Shayenne River to 
     Poplar Grove; thence in a direct line to the Place of Stumps, 
     otherwise called Lake Chicot; thence in a direct line to the 
     head of the main branch of Salt River; thence in a direct 
     line due north to the point where such line would intersect, 
     the international boundary aforesaid; thence eastwardly along 
     said boundary to the place of beginning.
       Article III. In consideration of the foregoing cession, the 
     United States agree to pay to the said Red Lake and Pembina 
     bands of Chippewa Indians the following sums, to wit: Twenty 
     thousand dollars per annum for twenty years; the said sum to 
     be distributed among the Chippewa Indians of the said bands 
     in equal amounts per capita, and for this purpose an accurate 
     enumeration and enrollment of the members of the respective 
     bands and families shall be made by the officers of the 
     United States: Provided, That so much of this sum as the 
     President of the United States shall direct, not exceeding 
     five thousand dollars per year, may be reserved from the 
     above sum, and applied to agriculture, education, the 
     purchase of goods, powder, lead, doc., for their use, and to 
     such other beneficial purposes, calculated to promote the 
     prosperity and happiness of the said Chippewa Indians, as he 
     may prescribe.
       Article IV. And in further consideration of the foregoing 
     cession, and of their promise to abstain from such acts in 
     future, the United States agree that the said Red Lake and 
     Pembina bands of Chippewa Indians shall not be held liable to 
     punishment for past offences. And in order to make 
     compensation to the injured parties for the depredations 
     committed by the said Indians on the goods of certain British 
     and American traders at the mouth of Red Lake River, and for 
     exactions forcibly levied by them on the proprietors of the 
     steamboat plying on the Red River, and to enable them to pay 
     their just debts, the United States agree to appropriate the 
     sum of one hundred thousand dollars; it being understood and 
     agreed that the claims of individuals for damages or debt 
     under this article shall be ascertained and audited, in 
     consultation with the chiefs of said bands, by a commissioner 
     or commissioners appointed by the President of the United 
     States, and that after such damages and debts shall have been 
     paid, the residue of the above sum shall be distributed among 
     the chiefs. Furthermore, the sum of two thousand dollars 
     shall be expended for powder, lead, twine, or such other 
     beneficial purposes as the chiefs may request, to be 
     equitably distributed among the said bands at the first 
     payment.
       Article V. To encourage and aid the chiefs of said bands in 
     preserving order and inducing, by their example and advice, 
     the members of their respective bands to adopt the habits and 
     pursuits of civilized life, there shall be paid to each of 
     the said chiefs annually, out of the annuities of the said 
     bands, a sum not exceeding one hundred and fifty dollars, to 
     be determined by their agents according to their respective 
     merits. And for the better promotion of the above objects, a 
     further sum of five hundred dollars shall be paid at the 
     first payment to each of the said chiefs to enable him to 
     build for himself a house. Also, the sum of five thousand 
     dollars shall be appropriated by the United States for 
     cutting out a road from Leech Lake to Red Lake.
       Article VI. The President shall appoint a board of 
     visitors, to consist of not less than two nor more than three 
     persons, to be selected from such Christian denominations as 
     he may designate, whose duty it shall be to attend at all 
     annuity payments of the said Chippewa Indians, to inspect 
     their fields and other improvements, and to report annually 
     thereon on or before the first day of November, and also as 
     to the qualifications and moral deportment of all persons 
     residing upon the reservation under the authority of law; and 
     they shall receive for their services five dollars a day for 
     the time actually employed, and ten cents per mile for 
     travelling expenses: Provided, That no one shall be paid in 
     any one year for more then twenty days' service, or for more 
     than three hundred miles' travel.
       Article VII. The laws of the United States now in force, or 
     that may hereafter be enacted, prohibiting the introduction 
     and sale of spirituous liquors in the Indian country, shall 
     be in fall force and effect throughout the country hereby 
     ceded, until otherwise directed by congress or the 
     President of the United States.
       Article VIII. In further consideration of the foregoing 
     cession, it is hereby agreed that the United States shall 
     grant to each male adult half-breed or mixed-blood who is 
     related by blood to the said Chippewas of the said Red Lake 
     or Pembina bands who has adopted the habits and customs of 
     civilized life, and who is a citizen of the United States, a 
     homestead of one hundred and sixty acres of land, to be 
     selected at his option, within the limits of the tract of 
     country hereby ceded to the United States, on any land not 
     previously occupied by actual settlers or covered by prior 
     grants, the boundaries thereof to be adjusted in conformity 
     with the lines of the official surveys when the same shall be 
     made, and with the laws and regulations of the United States 
     affecting the location and entry of the same.
       Article IX. Upon the urgent request of the Indians, parties 
     to this treaty, there shall be set apart from the tract 
     hereby ceded a reservation of (640) six hundred and forty 
     acres near the mouth of Thief River for the chief ``Moose 
     Dung,'' and a like reservation of (640) six hundred and forty 
     acres for the chief ``Red Bear,'' on the north side of 
     Pembina River.
       In witness whereof, the said Alexander Ramsey and Ashley C. 
     Morrill, commissioners on the part of the United States, and 
     the chiefs, headmen, and warriors of the Red Lake and Pembina 
     bands of Chippewa Indians, have hereunto set their bands, at 
     the Old Crossing of Red Lake River, in the State of 
     Minnesota, this second day of October, in the year of our 
     Lord one thousand eight hundred and sixty-three.

                                                  Alex Ramsey,

                                                Ashley C. Morrill,
                                                    Commissioners.

       Mons-O-Mo, his x mark, Moose Dung, Chief of Red Lake.
       Kaw-Wash-Ke-Ne-Kay, his x mark, Crooked Arm, Chief of Red 
     Lake.

[[Page S7973]]

       Ase-E-Ne-Wub, his x mark, Little Rock, Chief of Red Lak[e].
       Mis-Co-Muk-Quoh, his x mark, Red Bear, Chief of Pembina.
       Ase-Anse, his x mark, Little Shell, Chief of Pembina.
       Mis-Co-Co-Noy-A, his x mark, Red Rob, Warrior of Red Lake.
       Ka-Che-Un-Ish-E-Naw-Bay, his x mark, The Big Indian, 
     Warrior of Red Lake.
       Neo-Ki-Zhick, his x mark, Four Skies, Warrior of Red Lake.
       Nebene-Quin-Gwa-Hawegaw, his x mark, Summer Wolverine, 
     Warrior of Pembina.
       Joseph Gornon, his x mark, Warrior of Pembina.
       Joseph Montreuil, his x mark, Warrior of Pembina.
       Teb-Ish-Ke-Ke-Shig, his x mark, Warrior of Pembina.
       May-Zhue-E-Yaush, his x mark, Dropping Wind, Head Warrior 
     of Red Lake.
       Min-Du-Wah-Wing, his x mark, Berry Hunter, Warrior of Red 
     Lake.
       Naw-Gaun-E-Gwan-Abe, his x mark, Leading Feather, Chief of 
     Red Lake.
       Signed in presence of--
       Paul H. Beaulieu, Special Interpreter.
       Peter Roy, Special Interpreter.
       T. A. Warren, U.S. Interpreter.
       J. A. Wheelock, Secretary.
       Reuben Ottman.
  Mr. DAINES. The Little Shell entered this treaty with other bands of 
the Chippewa Cree. As well, they all support Little Shell's 
recognition.
  I ask unanimous consent that these letters of support be printed in 
the Record
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  Turtle Mountain,


                                     Band of Chippewa Indians,

                                     Belcourt, ND, March 17, 2015.
     Re Support for S. 35 the Little Shell Restoration Act of 
         2015.

     Chairman John Barrasso,
     Senate Committee on Indian Affairs,
     Washington, DC.
     Vice Chair Jon Tester,
     Senate Committee on Indian Affairs,
     Washington, DC.
       Chairman Barrasso & Vice Chair Tester: The Turtle Mountain 
     Band of Chippewa Indians (``Turtle Mountain Band'') supports 
     S. 35 the Little Shell Restoration Act of 2015. The Little 
     Shell Tribe of Chippewa Indians of Montana, along with the 
     Turtle Mountain Band and the Chippewa-Cree Tribe of the Rocky 
     Boy's Reservation (``Rocky Boy''), are political successors 
     in interest to the Pembina Treaty of 1863. Unfortunately, 
     unlike Turtle Mountain and Rocky Boy, the Little Shell Tribe 
     has lacked formal federal recognition. This is an historical 
     injustice that must be remedied. S.35 would restore federal 
     recognition to the Little Shell Tribe so that it may take its 
     rightful place next to its sister tribal nations.
       We urge the Senate Committee on Indian Affairs to support 
     S. 35 and the federal recognition of the Little Shell Tribe.
           Sincerely,
                                                  Richard McCloud,
     Chairman.
                                  ____

                                                       White Earth


                                   Reservation Tribal Council,

                                   White Earth, MN, April 2, 2015.
     Re Support for S. 35 the Little Shell Tribe Restoration Act 
         of 2015.

     Hon. Amy Klobuchar,
     United States Senator,
     Washington, DC.
     Hon. Al Franken,
     United States Senator,
     Washington, DC.
       Dear Senator Klobuchar & Senator Franken: The White Earth 
     Nation offers its strong support for S. 35, the Little Shell 
     Tribe Restoration Act of 2015. This bipartisan legislation 
     offered by Senator Jon Tester (D-MT) and Senator Steve Daines 
     (R-MT) would restore federal recognition to the Little Shell 
     Tribe of Chippewa Indians of Montana (``Little Shell Tribe'' 
     or ``Tribe'').
       The White Earth Nation and the Little Shell Tribe are 
     related, and as Anishinaabe, our stories are intertwined. The 
     Little Shell Tribe is one of several recognized political 
     successors to the Pembina Treaty of 1863. After the treaty 
     the Little Shell Tribe moved west eventually settling in the 
     Territory of Montana. Once in Montana, the Tribe remained 
     landless and unrecognized. However, the White Earth Nation 
     knows the Little Shell Tribe and the merits of their cause 
     and that is why we fully support the Tribe.
       I urge you to vote in favor of S. 35 and restore the long-
     awaited federal recognition to the Little Shell people.
           Sincerely,
                                                  Erma J. Vizenor,
     Chairwoman.
                                  ____

                                          The Chippewa Cree Tribe,


                               of the Rocky Boy's Reservation,

                                 Box Elder, MT, November 27, 2018.
     Re Support for H.R. 3764, the Little Shell Restoration Act.

     Hon. Mitch McConnell,
     Senate Majority Leader,
     Washington, DC.
     Hon. John Hoeven,
     Chairman, Senate Committee on Indian Affairs,
     Washington, DC.
     Hon. Charles Schumer,
     Senate Minority Leader,
     Washington DC.
     Hon. Tom Udall,
     Ranking Member, Senate Committee on Indian Affairs, 
         Washington, DC.
       Leader McConnell, Leader Schumer, Chairman Hoeven, & 
     Ranking Member Udall: I write on behalf of the Chippewa Cree 
     Tribe of Rocky Boy's Indian Reservation (``Chippewa Cree 
     Tribe'') in support of our sister tribal nation the Little 
     Shell Tribe of Chippewa Indians and to urge the Senate to 
     pass H.R. 3764, the Little Shell Restoration Act.
       The Chippewa Cree Tribe and the Little Shell Tribe share a 
     common history where the United States continually sought to 
     remove us from our lands and push us ever westward. The 
     Little Shell Tribe and the Chippewa Cree Tribe along with the 
     Turtle Mountain Band and White Earth Nation are the political 
     successors in interest to the Pembina Treaty of 1863. This 
     was our first experience with land cessations and westward 
     expansion but it was not our last. Unlike Little Shell, the 
     Chippewa Cree Tribe was fortunate to eventually obtain 
     reservation lands. Unfortunately, for Little Shell there was 
     no money in Washington for similar treatment, which has led 
     them to continue to be unrecognized to this day.
       I urge the Senate to finally make right with the Little 
     Shell Tribe and its tribal citizens by passing H.R. 3764. The 
     Little Shell Tribe has waited long enough.
           Sincerely,
                                                     Harlan Baker,
     Chairman.
                                  ____

                                                 Attorney General,


                                             State of Montana,

                                    Helena, MT, November 27, 2018.
     Re Urging passage of H.R. 3764, the Little Shell Restoration 
         Act.

     Hon. Mitch McConnell,
     Senate Majority Leader,
     Washington, DC.
     Hon. John Hoeven,
     Chairman, Senate Committee on Indian Affairs,
     Washington, DC.
     Hon. Charles Schumer,
     Senate Minority Leader,
     Washington DC.
     Hon. Tom Udall,
     Ranking Member, Senate Committee on Indian Affairs,
     Washington, DC.
       Leader McConnell, Leader Schumer, Chairman Hoeven, & 
     Ranking Member Udall: I write to urge the Senate to pass 
     Congressman Greg Gianforte's H.R. 3764, the Little Shell 
     Restoration Act. I have long called on Congress to pass 
     legislation to restore the federal recognition of the Little 
     Shell Tribe of Chippewa Indians and it appears this year 
     presents the best opportunity to finally achieve this goal.
       The Little Shell Tribe enjoys broad support in the State of 
     Montana because Montanans, like me, understand the Little 
     Shell Tribe's history and its legitimacy. The Little Shell 
     are an integral part of Montana's history, and an important 
     part of Montana's future. I was encouraged when the House of 
     Representatives passed H.R. 3764 by unanimous consent in 
     September because it shows that Congress is finally listening 
     to the people of Montana when it comes to the Little Shell. I 
     hope the Senate will follow suit and pass H.R. 3764 
     expeditiously.
       Again, I fully support the federal recognition of the 
     Little Shell Tribe and call on Congress to pass H.R. 3764 in 
     its current form.
           Sincerely,
                                                          Tim Fox,
     Attorney General.
                                  ____

                                           Office of the Governor,


                                             State of Montana,

                                     Helena, MT, November 27, 2018
     Re Support for passage of H.R. 3764, the Little Shell 
         Restoration Act.

     Hon. Mitch McConnell,
     Senate Majority Leader,
     Washington, DC.
     Hon. John Hoeven,
     Chairman, Senate Committee on Indian Affairs,
     Washington, DC.
     Hon. Charles Schumer,
     Senate Minority Leader,
     Washington DC.
     Hon. Tom Udall,
     Ranking Member, Senate Committee on Indian Affairs,
     Washington, DC.
       Dear Leader McConnell, Leader Schumer, Chairman Hoeven, and 
     Ranking Member Udall:
       I urge the United States Senate to pass Montana 
     Representative Greg Gianforte's H.R. 3764, the Little Shell 
     Tribe Restoration Act. This bipartisan bill will finally 
     right the historical injustice perpetrated against the Little 
     Shell Tribe.
       As Governor of Montana, I have continued the government-to-
     government relationship with the Little Shell Chippewa Tribe 
     as a state recognized tribe. In 2015, I supported the Montana 
     State Legislature's passage of

[[Page S7974]]

     House Joint Resolution No. 15 in the 64th Legislative Session 
     calling on the ``federal government to restore federal 
     recognition to the Little Shell Tribe of Chippewa Indians'' 
     and asking Congress to pass legislation to accomplish this. 
     If the Senate passes H.R. 3764, Montanans' calls to restore 
     federal recognition to the Little Shell Tribe will finally be 
     answered.
       The Little Shell Tribe of Montana enjoys immense support in 
     the State of Montana because tribe's history and culture are 
     the fabric of Montana. The Little Shell deserves the passage 
     of this legislation. It has been long overdue for this 
     recognition and I call on the United States Senate to respect 
     the State of Montana's voice in this debate and move to pass 
     H.R. 3764 in its current form. The Tribe has waited long 
     enough for this action.
           Sincerely,
                                                    Steve Bullock,
                                                         Governor.
  Mr. DAINES. The Little Shell is also unique, and all 12 of Montana's 
Indian Tribes on our seven Indian reservations also support its 
recognition. The Little Shell also has the support of the entire 
Montana delegation. It has the support of our Governor, and it has the 
support of our Attorney General.
  Here are their letters.
  In fact, Federal recognition of the Little Shell has enjoyed support 
from the congressional delegation and our State's Governors since the 
1930s and 1940s when our country first began to federally recognize 
Indian Tribes. The American Indian Policy Review Commission, from later 
in 1977, also recognized its plight as a distinct entity.
  There are more documents for the Record. Clearly, the record has 
existed in support of this Tribe's Federal recognition. I remember, 
during my time in the House, looking at what it had been going 
through--literally, stacks and stacks of paperwork--in following a 
process. There is, indeed, longstanding evidence supporting its 
recognition, and I strongly disagree with my colleague's objection.
  The Little Shell Tribe has seen lifetimes--not a lifetime but 
lifetimes--of neglect from our Federal Government. I had hoped we could 
finally deliver its recognition here today. We are just one vote short 
in the Senate. I will not stop pushing for our government to rectify 
this injustice.
  I thank the Presiding Officer.
  The PRESIDING OFFICER. The Senator from Iowa.

                          ____________________