[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Pages S3757-S3758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 733. Mr. DAINES (for himself and Mr. Tester) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. ____. LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA.
(a) Findings.--Congress finds that--
(1) the Little Shell Tribe of Chippewa Indians is a
political successor to 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;
(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 of the Pembina Treaty of 1863, have been
recognized by the Federal Government as distinct Indian
tribes;
(3) the members of the Little Shell Tribe continue to live
in the State of Montana, as their ancestors have for more
than 100 years since ceding land in the State of North Dakota
as described in paragraph (1);
(4) in the 1930s and 1940s, the Tribe repeatedly petitioned
the Federal Government for reorganization under the Act of
June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the
``Indian Reorganization Act'');
(5) Federal agents who visited the Tribe and Commissioner
of Indian Affairs John Collier attested to the responsibility
of the Federal Government for the Tribe and members of the
Tribe, concluding that members of the Tribe are eligible for,
and should be provided with, trust land, making the Tribe
eligible for reorganization under the Act of June 18, 1934
(25 U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act'');
(6) due to a lack of Federal appropriations during the
Depression, the Bureau of Indian Affairs lacked adequate
financial resources to purchase land for the Tribe, and the
members of the Tribe were denied the opportunity to
reorganize;
(7) in spite of the failure of the Federal Government to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Act of June 18, 1934
(25 U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act''), the Tribe continued to exist as a
separate community, with leaders exhibiting clear political
authority;
(8) 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 2 law suits under
the Act of August 13, 1946 (60 Stat. 1049) (commonly known as
the ``Indian Claims Commission Act''), to petition for
additional compensation for land ceded to the United States
under the Pembina Treaty of 1863 and the McCumber Agreement
of 1892;
(9) in 1971 and 1982, pursuant to Acts of Congress, the
tribes received awards for the claims described in paragraph
(8);
(10) in 1978, the Tribe submitted to the Bureau of Indian
Affairs a petition for Federal recognition, which is still
pending as of the date of enactment of this Act; and
[[Page S3758]]
(11) the Federal Government, the State of Montana, and the
other federally recognized Indian tribes of the State have
had continuous dealings with the recognized political leaders
of the Tribe since the 1930s.
(b) Definitions.--In this section:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to subsection (f).
(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.
(c) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Effect of federal laws.--Except as otherwise provided
in this section, 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.
(d) Federal Services and Benefits.--
(1) 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any member on or near
an Indian reservation.
(2) 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.
(e) Reaffirmation of Rights.--
(1) In general.--Nothing in this section diminishes any
right or privilege of the Tribe or any member that existed
before the date of enactment of this Act.
(2) Claims of tribe.--Except as otherwise provided in this
section, nothing in this section 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.
(f) Membership Roll.--
(1) In general.--As a condition of receiving recognition,
services, and benefits pursuant to this section, 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.
(2) 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).
(3) Maintenance of roll.--The Tribe shall maintain the
membership roll under this subsection.
(g) Acquisition of Land.--
(1) 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.
(2) 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'').
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