[Senate Report 116-190]
[From the U.S. Government Publishing Office]
Calendar No. 399
116th Congress } { Report
SENATE
2d Session } { 116-190
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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
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By fiscal year, millions of dollars--
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2019 2020 2021 2022 2023 2024 2019-2024
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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
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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.