Congressional Record, Volume 164 Issue 201 (Thursday, December 20, 2018)

[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.

[[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.

____________________