[Senate Report 116-190]
[From the U.S. Government Publishing Office]


                                                         Calendar No. 399
                                                       
                                                       
116th Congress  }                                              {   Report
                                  SENATE
 2d Session     }                                              {  116-190

======================================================================



 
TO EXTEND THE FEDERAL RECOGNITION TO THE LITTLE SHELL TRIBE OF CHIPPEWA 
               INDIANS OF MONTANA, AND FOR OTHER PURPOSES

                                _______
                                

                January 6, 2020.--Ordered to be printed

                                _______
                                

           Mr. Hoeven, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                          [To accompany S. 51]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 51) to extend the Federal recognition to the Little 
Shell Tribe of Chippewa Indians of Montana, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                PURPOSE

    The purposes of S. 51 are (1) to extend Federal recognition 
to the Little Shell Tribe of Chippewa Indians of Montana 
(Little Shell), making its members eligible for all services 
and benefits provided by the United States to other Federally 
recognized Indian tribes; and (2) to effect the transfer of 200 
acres of land, which the Secretary of the Interior (Secretary) 
shall acquire and place in trust for the benefit of the Little 
Shell.

                               BACKGROUND

Federal Recognition of Indian Tribes

    The act of federally recognizing an Indian tribe is highly 
significant. It is an affirmation by the United States of the 
existence of a formal government-to-government relationship 
between the United States and the tribe. As part of this 
relationship, a tribe and its members become eligible for 
Federal programs and benefits. The tribal government serves as 
the primary governing body of the community responsible for 
carrying out that relationship.
    Before Congress ended the practice of treaty-making with 
Indian tribes in 1871, treaties were the usual manner of 
recognizing a government-to-government relationship between the 
United States and an Indian tribe. Since the conclusion of this 
practice, the United States has recognized Indian tribes by 
legislation, executive orders, and administrative decisions. 
Additionally, Federal courts may clarify the status of an 
Indian group.
    In order to provide a uniform and consistent process by 
which an Indian tribe may be federally recognized, the 
Department of the Interior (Department) developed an 
administrative process in 1978 to allow Indian groups to 
petition for formal acknowledgment of a government-to-
government relationship with the United States. Standards and 
procedures for this process were set forth in Part 83 of Title 
25 of the Code of Federal Regulations (Part 83 or the Federal 
acknowledgement process). These regulations, as amended in 
1994, required a petitioner to satisfy seven mandatory 
requirements, including:
          (1) The petitioner ``has been identified as an 
        American Indian entity on a substantially continuous 
        basis since 1900'';
          (2) A predominant portion of the petitioning ``group 
        comprises a distinct community and has existed as a 
        community from historical times until the present'';
          (3) The petitioner has ``maintained political 
        influence or authority over its members as an 
        autonomous entity from historical times to the 
        present'';
          (4) The group must ``provide a copy of its present 
        governing documents and membership criteria'';
          (5) The petitioner's ``membership consists of 
        individuals who descend from a historical Indian tribe 
        or from historical Indian tribes which combined and 
        functioned as a single autonomous political entity'';
          (6) The ``membership of the petitioning group is 
        composed principally of persons who are not members of 
        any acknowledged North American Indian tribe'' and do 
        not maintain a bilateral political relationship with 
        the acknowledge tribe; and
          (7) ``Neither the petitioner nor its members are the 
        subject of congressional legislation that has expressly 
        terminated or forbidden the Federal relationship.''\1\
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    \1\59 Fed. Reg. 94-3934. (February 25, 1994) (to be codified at 25 
C.F.R. pt. 83).
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    Tribes may also seek federal recognition through an act of 
Congress. Since 1970, Congress has passed legislation to 
federally recognize or reaffirm 25 Indian tribes.\2\ Most 
recently, six tribes were federally recognized when President 
Donald J. Trump signed H.R.984--Thomasina E. Jordan Indian 
Tribes of Virginia Federal Recognition Act of 2017 into law on 
January 29, 2018.\3\
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    \2\Tonto Apache Tribe of Arizona, Pub. L. 92-470 (1972); Modoc 
Tribe of Oklahoma, Pub. L. 95-281 (1978); Pasqua Yaqui Tribe of 
Arizona, Pub. L. 95-375 (1978); Houlton Band of Maliseet Indians of 
Maine, Pub. L. 96-420 (1980); Cow Creek Band of Umpqua Indians of 
Oregon, Pub. L. 97-391; Kickapoo Traditional Tribe of Texas, Pub. L. 
97-429 (1983); Mashantucket Pequot Tribe of Connecticut, Pub. L. 98-134 
(1983); Ysleta Del Sur Pueblo of Texas, Pub. L. 100-89 (1987); Lac 
Vieux Desert Band of Lake Superior Chippewa Indians of Michigan, Pub. 
L. 100-420 (1988); Coquille Tribe of Oregon, Pub. L. No. 101-42 (1989); 
Aroostook Band of Micmac Indians of Maine, Pub. L. No. 102-171 (1991); 
Pokagon Band of Potawatomi Indians of Michigan, Pub. L. No. 103-323 
(1994); Little River Band of Ottawa Indians of Michigan, Pub. L. No. 
103-324 (1994); Little Traverse Band of Odawa Indians of Michigan, Pub. 
L. No. 103-324 (1994); Central Council of the Tlingit & Haida Indian 
Tribes of Alaska, Pub. L. No. 103-454 (1994); Graton Rancheria of 
California, Pub. L. No. 106-568 (2000); and Loyal Shawnee Tribe of 
Oklahoma, Pub. L. No. 106-568 (2000); Chickahominy Indian Tribe, 
Chickahominy Indian Tribe--Eastern Division, Upper Mattaponi Tribe, 
Rappahannock Tribe, Inc., Monacan Indian Nation, and the Nansemond 
Indian Tribe Pub. L. No. 115-121 (2018).
    \3\Pub. L. No. 115-121 (2018).
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History of changes made to the Department's Part 83 regulations

    The Federal acknowledgement process has been criticized as 
``broken'' for decades.\4\ Nonetheless, until the Department 
reformed Part 83 in 2015 (discussed below), there have been 
only a handful of changes made to the Federal acknowledgement 
process since its inception.\5\
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    \4\80 Fed. Reg. 37861, 37862 (July 1, 2015) (to be codified at 25 
C.F.R. pt. 83).
    \5\Examples of changes made to the process prior to 2015 include 
regulations clarifying the evidence needed to support a recognition 
petition, 59 Fed. Reg. 94-3934 (February 25, 1994) (to be codified at 
25 C.F.R. pt. 83); a notice regarding internal BIA processing of 
federal acknowledgment petitions, 65 Fed. Reg. 7052-53 (February 11, 
2000) (to be codified at 25 C.F.R. pt. 83); and a notice providing 
guidance and direction to streamline the process, 73 Fed. Reg. 30146 
(May 23, 2008) (to be codified at 25 C.F.R. pt. 83).
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    Complaints about the Department's Federal acknowledgement 
process have centered primarily on the high cost of gathering 
documentary evidence to meet the seven mandatory criteria, the 
length of time it takes the Department to review a petition, 
and the Department's inconsistent application of the listed 
criteria.\6\ Of the 573 federally recognized tribes, only 18 
have used the Part 83 administrative process to gain 
recognition.
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    \6\80 Fed. Reg. 37861 (July 1, 2015) (to be codified at 25 C.F.R. 
pt. 83).
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    To date, the Department has issued 51 decisions under the 
Part 83 process, including two decisions issued after new Part 
83 regulations were published in July 2015.\7\
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    \7\See 80 Fed. Reg. 39144 (July 8, 2015) (final determination 
recognizing the Pamunkey Indian Tribe); Fed. Reg. 61023 (December 26, 
2017) (final negative determination for the Georgia Tribe of Eastern 
Cherokees, Inc.).
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Recent developments

    On June 21, 2013, the Assistant Secretary--Indian Affairs 
(AS-IA) released a Discussion Draft proposing changes to Part 
83. The related comment period closed on September 30, 2013. On 
May 29, 2014, the AS-IA published a Proposed Rule in the 
Federal Register. The Department received substantial input 
from tribes, state and local governments, and the public during 
the associated comment period, which closed on September 30, 
2014.\8\
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    \8\See U.S. Department of the Interior, News Release, Department of 
the Interior Announces Final Federal Recognition Process to Acknowledge 
Indian Tribes (June 29, 2015) (stating that more than 2,800 commenters 
provided input on the Discussion Draft, and that there were over 330 
unique comments on the Proposed Rule). The Department also received 
feedback from tribes during consultations and public meetings. Id.
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    Ultimately, the Department published a Final Rule on July 
1, 2015, which took effect on July 31, 2015.\9\ AS-IA Washburn 
also issued a policy statement indicating that the Department 
will rely on the new Part 83 process as the ``sole 
administrative avenue'' for Federal acknowledgement for 
tribes.\10\
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    \9\80 Fed. Reg. 37861 (July 1, 2015) (to be codified at 25 C.F.R. 
pt. 83).
    \10\80 Fed. Reg. 37538-375339 (July 1, 2015) (to be codified at 25 
C.F.R. pt. 83).
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    According to the Department, the Final Rule preserves the 
existing standard of proof and seven mandatory criteria to 
``maintain the substantive rigor and integrity of the [Part 83] 
process.''\11\ In order to promote timeliness and efficiency, 
the Final Rule provides for a two-phased review of petitions 
that establishes certain threshold criteria and may result in 
the earlier issuance of final decisions, as well as a uniform 
evaluation period (1900 to present) to satisfy the tribal 
identification, community and political authority criteria.\12\ 
The Final Rule is intended to promote efficiency by providing 
for limited reconsideration of final agency determinations.\13\ 
The Department states that the Final Rule promotes fairness and 
consistency by providing that prior decisions finding evidence 
or methodology sufficient to satisfy any particular criterion 
will also be sufficient for a petitioner under the new Part 83 
process.\14\ It also states that the Final Rule promotes 
transparency by providing for increased public access to 
petitions for Federal acknowledgement and associated public 
materials and, in the case of a negative proposed finding, 
providing petitioners the opportunity for a hearing.\15\
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    \11\80 Fed. Reg. 37861 (July 1, 2015) (to be codified at 25 C.F.R. 
pt. 83).
    \12\Id.
    \13\Id.
    \14\Id.
    \15\Id.
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    Indian tribes that applied for Federal acknowledgment prior 
to publication of the 2015 Final Rule may choose to have the 
Department evaluate their application under the previous 
application process or the new application process.\16\
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    \16\Id.
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    Since the Final Rule was published, one Indian tribe has 
been federally recognized.\17\
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    \17\The Department of the Interior issued a final determination 
recognizing the Pamunkey Indian Tribe on July 2, 2015. See 80 Fed. Reg. 
39144 (July 8, 2015).
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    Most recently, the Administration's position with regard to 
legislative recognition of a tribe was provided during a 
legislative hearing before the Committee on Natural Resources 
in the House of Representatives. The testimony states that 
affirmative Congressional recognition can more directly align 
with the formal recognition of tribes and the assignment of 
rights afforded to federally recognized tribes.\18\
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    \18\Tribal Recognition Act of 2017: Hearing on H.R. 3744 Before the 
H. Comm. on Nat. Res. 115th Cong. 2, (2017) (Statement of John Tahsuda, 
Principal Deputy Assistant Secretary--Indian Affairs, US Department of 
the Interior).
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History of Little Shell

    According to the BIA Office of Federal Acknowledgment, the 
Little Shell Tribe satisfies criteria five of the ``Part 83'' 
administrative recognition process because of historical ties 
to the Pembina Band of Chippewa Indians.\19\ The Pembina Band 
was party to the Chippewa--Red Lake and Pembina Bands' 1863 
treaty with the United States that was ratified by the 
Senate.\20\ Some of the members of the Pembina Band settled on 
reservations in Minnesota, but the ancestors of the Little 
Shell Tribe moved westward to follow the buffalo herds into 
western North Dakota and Montana. By the late 1800s, these 
Pembina Band members settled in Montana and in the Turtle 
Mountains of North Dakota.\21\
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    \19\74 Fed. Reg. 56866 (Nov. 3, 2009)
    \20\Treaty with the Chippewa--Red Lake and Pembina Bands, U.S.-
Chippewa--Red Lake and Pembina Bands, October 2, 1863, 13 Stat. 667.
    \21\Fixing the Federal Acknowledgement Process: Hearing Before the 
S. Comm. on Indian Affairs, 111th Cong. 2, 2-3 (2009) (written 
testimony of John Sinclair, President of the Little Shell Tribe of 
Chippewa Indians of Montana).
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    The Little Shell Band has had numerous dealings with the 
United States. In 1892, a United States Commission was formed 
to negotiate cession of land from the Turtle Mountain Chippewa 
and provide for their removal. Chief Little Shell and his 
followers refused to accept the terms of the agreement and 
walked out on the negotiations. He was followed by a group of 
supporters who would become known as the ``Little Shell 
Band.''\22\
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    \22\Id.
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    Chief Little Shell and the Little Shell Band's refusal to 
cede additional lands to the United States left them without a 
reservation.\23\ Congress appropriated funds in 1908, and from 
1914 through 1925, to establish a land base for the ``homeless 
Indians in the State of Montana.''\24\
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    \23\Id.
    \24\Little Shell Tribe of Chippewa Indians Restoration Act of 2007: 
Hearing on S. 724 Before the S. Comm. on Indian Affairs, 110th Cong. 2, 
13 (2008) (statement of the Hon. John Sinclair, Little Shell Tribe of 
Chippewa Indians of Montana, President); 41 Stat. 1225 (March 3, 1925).
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    In 1935, following the enactment of the Indian 
Reorganization Act (IRA),\25\ the BIA attempted to help the 
Little Shell organize under that act. The Little Shell was 
ultimately unable to formally organize under the IRA because 
they lacked a land base.\26\
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    \25\Indian Reorganization Act, 25 U.S.C. Sec. Sec.  5101-5144 
(2017).
    \26\See Little Shell Tribe of Chippewa Indians Restoration Act of 
2011, S. 546, 112th Cong. Sec.  2 (7) (2011).
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    The Little Shell continued its effort to obtain Federal 
recognition through the Department's Federal acknowledgment 
process. In 1978, the year this process was created, Little 
Shell filed a letter of intent to petition for Federal 
acknowledgment. Little Shell spent approximately 14 years 
documenting their petition for acknowledgment, and ultimately 
submitted a petition in 1992.\27\
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    \27\Id.
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    In 1995, the BIA declared the Little Shell's petition was 
complete.\28\ In 2000, the BIA issued a positive proposed 
finding on the petition, stating that Little Shell had met all 
seven mandatory criteria for Federal acknowledgment.\29\ 
However, the BIA Office of Federal Acknowledgement requested 
additional information from the Tribe. In response, Little 
Shell provided nearly 10,000 pages of additional material to 
the 60,000 page record. Additionally, the BIA received two 
comments on the positive proposed finding during the comment 
period.\30\ The Department determined the comments to be 
immaterial or unsupported.\31\
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    \28\Little Shell Tribe of Chippewa Indians Restoration Act of 2013: 
Hearing on S. 161 Before the S. Comm. on Indian Affairs, 113th Cong. 1, 
4 (2013) (written testimony of the Assistant Secretary for Indian 
Affairs, U.S. Department of the Interior).
    \29\65 Fed. Reg. 45394 (July 21, 2000).
    \30\Under the current Part 83 regulations, when a petitioner 
receives a proposed positive finding and no negative comments are 
received, the BIA will ``automatically issue a determination 
acknowledging the petitioner as a federally recognized Indian tribe.'' 
25 C.F.R. Sec. 83.36(a). In fact, then Assistant Secretary--Indian 
Affairs testified before the House Natural Resources Committee that 
this provision was added because of the Little Shell Tribe's treatment 
under the previous Part 83 regulations. Little Shell Tribe of Chippewa 
Indians Restoration Act of 2015: Hearing on H.R. 286 Before the H. 
Comm. on Nat. Res. 114th Cong. 1, (2015) (Assistant Secretary 
Washburn's response to question put forth by Representative Ryan Zinke 
(MT)).
    \31\Summary under the Criteria and Evidence for Final Determination 
against the Federal Acknowledgment of the Little Shell Tribe of 
Chippewa Indians of Montana, Interior Dec. 15-16 (2009).
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    In 2009, the Department issued a negative ``final 
determination'' against federally acknowledgment of Little 
Shell.\32\ The Department concluded that Little Shell met four 
of the seven mandatory criteria for federal acknowledgment, 
including descent from a historic tribe.\33\ However, the 
Department found insufficient evidence to satisfy the remaining 
criteria,\34\ so it recommended against recognition. Little 
Shell appealed the negative final determination to the Interior 
Board of Indian Appeals (``IBIA''), which in turn referred 
several issues to the Secretary of Interior.\35\ The 
Department's negative ``final determination'' was stayed on 
appeal.
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    \32\74 Fed Reg. 56861 (November 3, 2009); Little Shell Band of 
Chippewa Indians Restoration Act of 2011: Hearing on S. 546 Before the 
S. Comm. on Indian Affairs, 112th Cong. 1, 30 (2011) (statement of Hon. 
John Sinclair, Little Shell Tribe of Chippewa Indians of Montana, 
President).
    \33\Little Shell Tribe of Chippewa Indians Restoration Act of 2013: 
Hearing on S. 161 Before the S. Comm. on Indian Affairs, 113th Cong. 1, 
20 (2013) (statement of the Assistant Secretary for Indian Affairs, 
U.S. Department of the Interior).
    \34\25 C.F.R. 83.7 (a) (external identification), (b) (community), 
(c) political authority. See 57 IBIA 101, 108-109 (2013).
    \35\Id.
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    In 2013, the Secretary of the Interior referred the 
petition to the AS-IA for reconsideration. The AS-IA placed 
Little Shell's petition on hold pending the development of new 
recognition regulations that became final in 2015. The Little 
Shell elected to proceed under the 2015 federal acknowledgement 
regulations, but it has not yet resubmitted its petition.\36\
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    \36\Petitioner #031: Little Shell Tribe of Chippewa Indians of MT, 
https://www.bia.gov/as-ia/ofa/031-ltlshl-mt (last visited Mar. 20, 
2019).
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                          LEGISLATIVE HISTORY

    On January 8, 2019, Senator Tester introduced S. 51 to 
federally recognize the Little Shell Tribe. Senator Steve 
Daines joined him as an original co-sponsor. The Senate 
referred the bill to the Committee on Indian Affairs, which 
considered the bill at a duly called business meeting held on 
January 29, 2019. During this business meeting, the Committee 
ordered the bill favorably reported, without amendment, to the 
full Senate by voice vote.
    Also on January 8, 2019, Representative Greg Gianforte 
introduced a companion bill in the House of Representatives, 
H.R. 297. The House of Representatives referred the bill to the 
Committee on Natural Resources the same day. On March 26, 2019 
after Natural Resource Committee Chairman Raul Grijalva moved 
to suspend the rules and pass the bill, the House of 
Representatives voted in support of suspending the rules and 
passing the bill.
    Members of the Montana Congressional Delegation have 
introduced legislation to recognize the Little Shell Tribe for 
the previous seven Congresses.

House actions

    Rep. Dennis Rehberg, introduced the first bill (H.R. 5804) 
to recognize the Little Shell on July 13, 2006 during the 109th 
Congress.\37\ He went on to introduce companion legislation in 
the 110th Congress (H.R. 1301) and the 111th Congress (H.R. 
3120). No House companion was introduced in the 112th Congress. 
However, Representatives Steve Daines, Ryan Zinke, and Greg 
Gianforte each respectively introduced companion bills in the 
113th Congress (H.R. 2991), 114th Congress (H.R. 286), and 
115th Congress (H.R. 3764).
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    \37\See H.R. 5804--Little Shell Tribe of Chippewa Indians 
Restoration Act of 2006.
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    The House Committee on Natural Resources took no action on 
the bill in the 110th and 113th Congresses but held a hearing 
on the bill in both the 111th and 114th Congresses.\38\ In the 
115th Congress, the Committee on Natural Resources reported the 
bill, with an amendment, on September 10, 2018. The House of 
Representatives then passed the bill under suspension of the 
rules on September 12, 2018.
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    \38\Legislative Hearing on H.R. 2678, H.R. 1358, H.R. 3084, and 
H.R. 3120 Before the H. Comm. on Nat. Res. 111th Cong. (2009); Hearing 
on H.R. 872 and H.R. 286 Before the H. Subcomm. on Indian, Insular, and 
Alaska Native Affairs, H. Comm. on Nat. Res. 114th Cong. (2015).
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Senate actions

    Both members of the Montana Senate delegation introduced 
legislation to federally recognize Little Shell in the 110th 
Congress (S. 724), the 111th Congress (S. 1936), the 112th 
Congress (S. 546), the 113th Congress (S. 161), the 114th 
Congress (S. 35), and the 115th Congress (S. 39). During the 
110th Congress, and again in the 112th and 113th 
Congresses,\39\\40\\41\ the Committee on Indian Affairs held 
hearings on the legislation. At that time, Little Shell's 
petition for administrative recognition was in active 
consideration. More recently, former Assistant Secretary--
Indian Affairs Washburn testified that the Department does not 
oppose legislation to recognize the Little Shell.\42\
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    \39\Hearing on H.R. 1294, S. 514, S. 724, and S. 1058 Before the S. 
Comm. on Indian Affairs. 110th Cong. (2008).
    \40\Hearing on S. 546, Little Shell Tribe of Chippewa Indians 
Restoration Act of 2011; S. 636, A Bill to Provide the Quileute Indian 
Tribe Tsunami and Flood Protection, and for Other Purposes; and S. 703, 
The Helping Expedite and Advance Responsible Tribal Homeownership Act 
of 2011 Before the S. Comm. on Indian Affairs. 112th Cong. (2011).
    \41\Hearing on S. 1074, The Thomasina E. Jordan Indian Tribes of 
Virginia Federal Recognition Act of 2013; S. 1132, The Lumbee 
Recognition Act; and S. 161, The Little Shell Tribe of Chippewa Indians 
Restoration Act of 2013 Before the S. Comm. on Indian Affairs. 113th 
Cong. (2013).
    \42\Hearing on H.R. 872 and H.R. 286 Before the Subcomm. on Indian, 
Insular, and Alaska Native Affairs, H. Comm. on Nat. Res. 114th Cong. 1 
(2015) (Statement of Keven Washburn, Assistant Secretary Indian 
Affairs, US Department of the Interior).
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    The Committee on Indian Affairs ordered the bill reported 
favorably by voice vote in the 112th, 113th, 114th, and 115th 
Congresses. The Senate took no further actions on the bill once 
the Committee reported the bill.

                      SECTION-BY-SECTION ANALYSIS

Section 1--Short title

    This section states that the short title of the bill is the 
``Little Shell Tribe of Chippewa Indians Restoration Act of 
2019''.

Section 2--Findings

    This section lists Congressional findings.

Section 3--Definitions

    This section defines terms used throughout the Act.

Section 4--Federal recognition

    This section formally extends Federal recognition to Little 
Shell, making all Federal laws and regulations of general 
applicability to Indians and Indian tribes, including the IRA, 
applicable to Little Shell and its members.

Section 5--Federal services and benefits

    This section states that, beginning on the date of 
enactment of this Act, the Little Shell 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 either the existence of a reservation 
for the tribe or the location of the residence of any member on 
or near an Indian reservation. This section also establishes 
Little Shell's service area for service delivery and benefits 
purposes as Blaine, Cascade, Glacier, and Hill Counties in the 
State of Montana.

Section 6--Reaffirmation of rights

    This section makes clear that nothing in this Act 
diminishes any right or privilege of Little Shell, or members 
of Little Shell that existed prior to the date of enactment. 
The section further states that any legal or equitable claims 
to enforce rights or privileges reserved by or granted to 
Little Shell that were wrongfully denied or taken before 
enactment of this Act are preserved.

Section 7--Membership roll

    This section mandates, as a condition of receiving 
recognition, services, and benefits pursuant to this Act, that 
Little Shell submit to the Secretary a membership roll within 
18 months of enactment of this Act, and maintain such roll. 
This section also requires that tribal membership be determined 
in accordance with Little Shell's constitution dated September 
10, 1977.

Section 8--Transfer of land

    This section directs the Secretary to acquire trust title 
to 200 acres of land within the service area of the Tribe. This 
section also states that the Secretary may acquire additional 
land for the benefit of the Tribe, in accordance with the IRA.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated March 8, 2019.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 8, 2019.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 51, the Little Shell 
Tribe of Chippewa Indians Restoration Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    Bill summary: S. 51 would provide federal recognition to 
the Little Shell Tribe of Chippewa Indians of Montana. That 
recognition would make the tribe eligible to receive benefits 
from various federal programs.
    Estimated Federal cost: The estimated budgetary effect of 
S. 51 is shown in Table 1. The costs of the legislation fall 
within budget functions 450 (community and regional 
development) and 550 (health).

                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 51
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2019     2020     2021     2022     2023     2024   2019-2024
----------------------------------------------------------------------------------------------------------------
Department of the Interior:
    Estimated Authorization....................        0        3        3        4        4        4         18
    Estimated Outlays..........................        0        2        3        4        4        4         17
Indian Health Service:
    Estimated Authorization....................        0        4        5        5        5        5         24
    Estimated Outlays..........................        0        4        5        5        5        5         24
    Total Changes:
        Estimated Authorization................        0        7        8        9        9        9         42
        Estimated Outlays......................        0        6        8        9        9        9         41
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
51 will be enacted in fiscal year 2019 and that the necessary 
amounts will be appropriated for each fiscal year.
    Providing federal recognition to the Little Shell Tribe of 
Chippewa Indians of Montana would allow the tribe and about 
2,600 tribal members to receive benefits under various programs 
administered by the Department of the Interior (DOI) and the 
Indian Health Service (IHS).
    Department of the Interior: DOI, primarily through the 
Bureau of Indian Affairs, provides funding to federally 
recognized tribes for various purposes, including child welfare 
services, adult care, community development, and general 
assistance. Based on current per capita expenditures of around 
$1,200 for other federally recognized tribes in the central 
states and accounting for anticipated inflation, CBO estimates 
that providing those services to the Little Shell Tribe would 
cost $17 million over the 2019-2024 period.
    Indian Health Service: The IHS also provides members of 
federally recognized tribes with health benefits. Using 
information from the IHS, CBO estimates that about 55 percent 
of the tribe's members--or about 1,400 people--would receive 
benefits each year. CBO expects that the per capita cost would 
be similar to the costs for current IHS beneficiaries--about 
$2,875 in 2019. Accounting for anticipated inflation, CBO 
estimates, providing those benefits would cost $24 million over 
the 2019-2024 period.
    Other Federal agencies: Certain Indian tribes also receive 
support from other federal programs within the Departments of 
Agriculture, Education, Housing and Urban Development, and 
Labor. Because the tribe is currently recognized by the state 
of Montana, the tribe already receives funding from those 
departments. Thus, CBO estimates that enacting S. 51 would not 
increase costs under those programs.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: None.
    Mandates: S. 51 contains an intergovernmental mandate as 
defined in the Unfunded Mandates Reform Act (UMRA) because it 
would authorize the Secretary of Interior to acquire and take 
into trust 200 acres of land for the Little Shell Tribe. 
Because that land would be exempt from state and local taxes, 
the provision would impose an intergovernmental mandate. Given 
the small amount of land, CBO estimates that the forgone tax 
revenue to state and local governments would be small and well 
below the threshold established for intergovernmental mandates 
($82 million in 2019, adjusted annually for inflation).
    S. 51 contains no private-sector mandates as defined in 
UMRA.
    Estimate prepared by: Federal Costs: Jon Sperl (Department 
of the Interior); Robert Stewart (Indian Health Service); 
Mandates: Rachel Austin.
    Estimate reviewed by: Kim Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; Susan Willie, Chief, 
Mandates Unit; H. Samuel Papenfuss, Deputy Assistant Director 
for Budget Analysis.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 51 will 
have a minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 51.

                        CHANGES IN EXISTING LAW

    On February 6, 2019, the Committee on Indian Affairs 
unanimously approved a motion to waive the Cordon rule. In the 
opinion of the Committee, it was necessary to dispense with 
subsection 12 of rule XXVI of the Standing Rules of the Senate 
to expedite the business of the Senate.