79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–928 

LITTLE SHELL TRIBE OF CHIPPEWA INDIANS 

RESTORATION ACT OF 2018 

SEPTEMBER 10, 2018.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3764] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 3764) to extend the Federal recognition to the Little Shell 

Tribe of Chippewa Indians of Montana, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Little Shell Tribe of Chippewa Indians Restoration 

Act of 2018’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) MEMBER.—The term ‘‘member’’ means an individual who is enrolled in the 

Tribe pursuant to section 6. 

(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. 

SEC. 3. FEDERAL RECOGNITION. 

(a) IN GENERAL.—Federal recognition is extended to the Tribe. 

(b) EFFECT OF FEDERAL LAWS.—Except as otherwise provided in this Act, 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. 

SEC. 4. FEDERAL SERVICES AND BENEFITS. 

(a) 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— 

(1) the existence of a reservation for the Tribe; or 


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(2) the location of the residence of any member on or near an Indian reservation. 

(b) 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. 

SEC. 5. REAFFIRMATION OF RIGHTS. 

(a) IN GENERAL.—Nothing in this Act diminishes any right or privilege of the 

Tribe or any member that existed before the date of enactment of this Act. 

(b) CLAIMS OF TRIBE.—Except as otherwise provided in this Act, nothing in this 

Act 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. 

SEC. 6. MEMBERSHIP ROLL. 

(a) IN GENERAL.—As a condition of receiving recognition, services, and benefits 

pursuant to this Act, 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. 

(b) 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). 

(c) MAINTENANCE OF ROLL.—The Tribe shall maintain the membership roll under 

this section. 

SEC. 7. ACQUISITION OF LAND. 

(a) 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. 

(b) 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’’). 

PURPOSE OF THE BILL

The purpose of H.R. 3764 is to extend federal recognition to the 

Little Shell Tribe of Chippewa Indians of Montana. 

BACKGROUND AND NEED FOR LEGISLATION

Under Article I, Section 3, Clause 3 of the Constitution, Congress 

has what the Supreme Court characterizes as plenary and exclusive authority over federal Indian affairs. Nonetheless, the Department of the Interior, without authorization from Congress, implemented its own rules for the recognition of tribes not previously 

recognized by Congress. These rules are codified in 25 C.F.R. Part 

83 and administered by the Office of Federal Acknowledgment 

within the Department of the Interior. 

To reclaim Congress’s tribal recognition power from the Executive Branch, Chairman Rob Bishop introduced H.R. 3744, the Tribal Recognition Act. This legislation would establish a statutory 

framework for the recognition of tribes in accordance with 

Congress’s plenary power over Indian affairs. It was ordered favorably reported by the Natural Resources Committee on June 13, 

2018. Under the process authorized by H.R. 3744, groups seeking 

federal recognition as Indian tribes would submit their petitions 

and all supporting documentary evidence to the Department of the 

Interior. The Department would then process and review the petitions under specific standards and criteria largely the same as 

those which the Office of Acknowledgment used before the standards and criteria were relaxed by the Obama Administration in 

2015. The Department would submit its completed review to the 


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1 25 U.S.C. 5101 et seq. 

2 U.S. Department of the Interior letter to U.S. Senator Burton K. Wheeler (D–MT). May 29, 

1940. 3 60 Stat. 1050. 

4TURTLE MOUNTAIN BAND OF CHIPPEWA INDIANS et al. v. The UNITED STATES. United States Court of Claims. January 23, 1974. 490 F.2d 935,938. 5See Public Law 92–59, 85 Stat. 158 (1971) and Public Law 97–403, 96 Stat. 2022 (1982). 6 Act of Aug. 13, 1946, ch. 959, sec. 2, 60 Stat. 1050. 

7https://www.bia.gov/sites/bia.gov/files/assets/as-ia/ofa/petition/031_litshl_MT/031_fd_fr.pdf 8https://www.bia.gov/sites/bia.gov/files/assets/as-ia/ofa/petition/031_litshl_MT/031_fd_pr.pdf 

Committees on Natural Resources of the House and Indian Affairs 

of the Senate, with Congress making any final decision. 

Consistent with Congress’s prerogative to consider whether to 

recognize new tribes, H.R. 3764 would extend recognition to the 

Little Shell Tribe of Montana. According to the Little Shell, the 

Tribe originally petitioned the federal government for reorganization in the 1930s and 1940s under the Act of June 18, 1934, commonly known as the Indian Reorganization Act.1 At the time, the 

federal government concluded that Little Shell tribal members 

were eligible for and should be provided with trust land, thereby 

making the Tribe eligible for reorganization under the Indian Reorganization Act. Due to a lack of federal appropriations during the 

Depression, the Bureau lacked adequate financial resources to purchase land for the Tribe, and the Little Shell people were thereby 

denied the opportunity to reorganize.2

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 claims under the Indian Claims 

Commission Act of 1946 3 for additional compensation for lands 

ceded to the United States by an 1863 treaty and the 1892 

McCumber Agreement.4 These tribes received Indian Claims Commission (ICC) awards, which were distributed under 1971 and 1982 

Acts of Congress.5 However, it should be noted that neither the 

ICC Act nor the Indian Reorganization Act provides a basis for the 

recognition of tribes. The ICC Act generally required the Commission to hear certain categories of claims from tribes and other identifiable groups of American Indians.6

The Little Shell group has long pursued federal recognition 

through the Department of the Interior’s administrative process beginning with the submission of an initial letter of intent to petition 

in 1978, the same year the Department established its administrative recognition rules. In 2009, the Department declined to recognize the Little Shell as a tribe.7 The Department explained that 

the petitioner failed to satisfy three of seven mandatory criteria 

necessary to be recognized under the Part 83 rules in effect at the 

time. The three criteria the group failed to satisfy are: has been 

identified as an Indian entity on a substantially continuous basis 

at least since 1900; comprised a distinct community since historical 

times and maintain significant social relationships and interaction 

as part of a distinct community; and has maintained political influence over a community of its members or over communities that 

combined into the petitioner.8

The Clinton Administration’s handling of the Little Shell recognition petition and that of five other groups were the subject of a formal investigation by the Department’s Inspector General. The Inspector General issued a report revealing misconduct by several political appointees, who reversed the findings of career experts that 


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9 U.S. Department of the Interior Inspector General (2002), ‘‘Allegations Involving Irregularities in the Tribal Recognition Process and Concerns Related to Indian Gaming,’’ Investigative 

Report No. 01–I-00329. https://www.gpo.gov/fdsys/pkg/GPO-DOI-IGREPORTS-01-i-00329/pdf/ 

GPO-DOI-IGREPORTS-01-i-00329.pdf 10https://www.bia.gov/sites/bia.gov/files/assets/as-ia/ofa/petition/031_litshl_MT/ 

031_57ibia101.pdf 11https://www.bia.gov/sites/bia.gov/files/assets/as-ia/ofa/petition/031_litshl_MT/ 

031_letter_20160630.PDF 12https://www.bia.gov/as-ia/ofa/031-ltlshl-mt 13https://www.bia.gov/sites/bia.gov/files/assets/as-ia/ofa/petition/031_litshl_MT/031_fd.pdf 14 25. U.S.C. 2719. 

these groups (including Little Shell) were not tribes under the Department’s regulations.9 The Secretary of the Interior appointed by 

President George W. Bush reconsidered the Little Shell petition 

and in 2009, as has been noted, the Department issued its final determination reflecting the career staff’s verdict that the group 

failed to meet necessary criteria to be accorded federal recognition 

as a tribe. 

The Little Shell subsequently appealed the Department’s final 

determination against recognizing the Tribe to the Interior Board 

of Indian Appeals (IBIA). In 2013, the IBIA affirmed the Department’s final determination, but referred certain issues raised by 

the Tribe to the Secretary for further consideration.10

In 2015, the Department made significant revisions to its recognition regulations, allowing the Tribe to re-petition for recognition under the revised standards and criteria.11 According to the 

BIA, the Tribe has not yet supplemented its documented petition 

under the 2015 regulations.12

At the same time the Little Shell Tribe continues to pursue recognition from the BIA, it is seeking legislative recognition from 

Congress. 

It is the Committee’s view that Members of the House should 

have a reasonable basis for rendering a decision on extending federal recognition to the Little Shell Tribe, consistent with the principles and framework set forth in H.R. 3744, Chairman Bishop’s 

tribal recognition reform legislation. The Little Shell Tribe’s petition for recognition under the pre-2015 recognition standards has 

undergone a substantially complete review by the Department. Details of the Little Shell’s documented petition, with findings and 

conclusions made by Department staff, are publicly available for 

Members of Congress to review for them to make a decision, informed by expert analysis of documented evidence, on whether federal recognition of the Little Shell Tribe is warranted.13 Recognition is a political question, and thus Members are not formally 

bound by opinion of the Department, though Members are advised 

to weigh any recommendation of the Department carefully. 

Gaming 

H.R. 3764, as ordered reported, contains no provision relating to 

gaming. In general, Section 20 of the Indian Gaming Regulatory 

Act of 1988 (IGRA) 14 prohibits gaming on lands acquired in trust 

for a tribe after 1988. Section 20 of IGRA, however, contains several exceptions to this prohibition. One of these exceptions is the 

so-called ‘‘two-part determination’’ requiring the concurrence of the 

governor of the State in which the tribe would run a casino. This 

two-part determination exception would be available for the Little 

Shell Tribe to operate a casino on lands placed in trust for its benVerDate Sep 11 2014 00:13 Sep 12, 2018 Jkt 079006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR928.XXX HR928

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15 25 U.S.C. 2719(b)(1)(B)(i). 16http://www.lis.gov/cgi-lis/bdquery/D?d114:1:./temp/bd9BgU:@@@X:dbs=n://www.lis.gov/ 

billsumm/billsumm.php?id=2 17 H. Report 114–847. 

efit. It is unclear if another exception in Section 20 of IGRA, such 

as the land claim exception 15 might additionally apply to the Tribe 

and its lands. 

Previous Congressional action 

In the 114th Congress, the Committee held a hearing on a substantially similar bill, H.R. 286, on September 29, 2015.16 On September 8, 2016, the Committee included the text of H.R. 286 in the 

amendment in the nature of a substitute to H.R. 3764, the Tribal 

Recognition Act of 2016. H.R. 3764, as amended, was favorably reported by a roll call vote of 23 yeas and 13 nays.17

SECTION-BY-SECTION ANALYSIS OF THE BILL AS ORDERED REPORTED

Section 1. Short title 

This Act may be cited as the Little Shell Tribe of Chippewa Indians Restoration Act of 2018. 

Section 2. Definitions 

This section defines terms used in the Act. 

Section 3. Federal recognition 

Federal recognition is extended to the Tribe and all federal laws 

(including regulations) of general application to Indians and Indian 

tribes, including the Indian Reorganization Act, shall apply to the 

Tribe and members. 

Section 4. Federal services and benefits 

Beginning on the date of enactment of this Act, full eligibility for 

all services and benefits provided by the federal government shall 

be extended to the Tribe and members, without regard to (1) the 

existence of a reservation for the Tribe; or (2) the location of the 

residence of a member on or near an Indian reservation. The service area of the Tribe shall be the area comprised of Blaine, Cascade, Glacier, and Hill Countries in the State of Montana. 

Section 5. Reaffirmation of rights 

This Act shall not diminish any right or privilege of the Tribe 

that existed before the date of enactment. 

Section 6. Membership roll 

The Tribe shall submit a membership roll to the Secretary within 

18 months of enactment. Determination of the roll shall be in accordance with the Tribal constitution dated September 10, 1977 

(including amendments). 

Section 7. Acquisition of land 

The Secretary shall acquire trust title to 200 acres of land within 

the service area of the Tribe to be used for tribal land base. The 

Secretary may acquire additional land for the benefit of the Tribe 

pursuant to section 5 of the Indian Reorganization Act. 


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COMMITTEE ACTION

H.R. 3764 was introduced on September 13, 2017, by Congressman Greg Gianforte (R–MT). The bill was referred to the Committee on Natural Resources and within the Committee to the Subcommittee on Indian, Insular, and Alaska Native Affairs. On July 

11, 2018, the Committee on Natural Resources met to consider the 

bill. The Subcommittee was discharged by unanimous consent. 

Congressman Rob Bishop (R–UT) offered an amendment designated #1; it was adopted by unanimous consent. No further 

amendments were offered, and the bill, as amended, was ordered 

favorably reported to the House of Representatives by unanimous 

consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 3, 2018. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3764, the Little Shell 

Tribe of Chippewa Indians Restoration Act of 2018. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Robert Reese (for Bureau of Indian Affairs programs), and Robert Stewart (for Indian 

Health Service programs). 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 

H.R. 3764—Little Shell Tribe of Chippewa Indians Restoration Act 

of 2018 

Summary: H.R. 3764 would provide federal recognition to the 

Little Shell Tribe of Chippewa Indians of Montana. Federal recognition would make the tribe eligible to receive benefits from various federal programs. CBO estimates that implementing this legislation would cost $37 

million over the 2019–2023 period, assuming appropriation of the 


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necessary amounts. Enacting H.R. 3764 would not affect direct 

spending or revenues; therefore, pay-as-you-go procedures do not 

apply. 

CBO estimates that enacting H.R. 3764 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 3764 would impose an intergovernmental mandate as defined in the Unfunded Mandates Reform Act (UMRA) by exempting 

some lands from taxation by state and local governments, but CBO 

estimates the cost of the mandate would be small and well below 

the threshold established in that act ($80 million in 2018, adjusted 

annually for inflation). 

H.R. 3764 contains no private-sector mandates as defined in 

UMRA. 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 3764 is shown in the following table. The costs 

of the legislation fall within budget functions 450 (community and 

regional development) and 550 (health). 

By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2023 2019– 

2023 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Department of the interior: 

Estimated Authorization Level .............. 0 3 3 3 4 4 17 

Estimated Outlays ................................ 0 2 3 3 4 4 16 

Indian Health Service: 

Estimated Authorization Level .............. 0 4 4 4 4 5 22 

Estimated Outlays ................................ 0 4 4 4 4 5 21 

Total Changes: 

Estimated Authorization Level ..... 0 7 7 8 8 8 39 

Estimated Outlays ....................... 0 6 7 7 8 9 37 

Components may not sum to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that H.R. 

3764 will be enacted near the end of 2018 and that the necessary 

amounts will be appropriated for each year beginning in 2019. 

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). Based on the average per capita expenditures 

by those agencies for other Indian tribes, CBO estimates that implementing H.R. 3764 would cost $37 million over the 2019–2023 

period. 

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 would cost $16 million over the 2019–2023 

period. 


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Indian Health Service 

H.R. 3764 also would make members of the tribe eligible for 

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 $2,680 in 2017. Accounting for anticipated inflation, CBO estimates, providing those benefits would cost $21 million over the 2018–2022 period. 

Other Federal agencies 

In addition to DOI and IHS funding, 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, it already receives funding from those departments. 

Thus, CBO estimates that enacting H.R. 3764 would not increase 

costs for that support. 

Pay-As-You-Go considerations: None. 

Increase in long-term direct spending and deficits: CBO estimates that enacting H.R. 3764 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2029. 

Mandates: H.R. 3764 contains an intergovernmental mandate as 

defined in 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 ($80 million in 2018, adjusted annually for inflation). 

H.R. 3764 contains no private-sector mandates as defined in 

UMRA. 

Previous CBO estimate: On February 21, 2017, CBO transmitted 

an estimate for S. 39, the Little Shell Tribe of Chippewa Indians 

Restoration Act of 2017, as ordered reported by the Senate Committee on Indian Affairs on February 8, 2017. The two bills are 

similar and the differences in CBO’s estimates of their costs stem 

from the different periods for which the costs were estimated. 

Estimate prepared by: Federal costs: Robert Reese (Bureau of Indian Affairs); Robert Stewart (Indian Health Service); Mandates: 

Rachel Austin. 

Estimate reviewed by: Kim P. Cawley, Chief, Natural and Physical Resources Cost Estimates Unit; Susan Willie, Chief, Mandates 

Unit; H. Samuel Papenfuss, Deputy Assistant Director for Budget 

Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to extend federal recognition to the Little Shell Tribe 

of Chippewa Indians of Montana. 


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EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes to existing law. 

Æ 


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