I 

111TH CONGRESS 

1ST SESSION H. R. 3120 

To extend the Federal relationship to the Little Shell Tribe of Chippewa 

Indians of Montana as a distinct federally recognized Indian tribe, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 7, 2009 

Mr. REHBERG introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To extend the Federal relationship to the Little Shell Tribe 

of Chippewa Indians of Montana as a distinct federally 

recognized Indian tribe, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Little Shell Tribe of 

5 Chippewa Indians Restoration Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 For purposes of this Act: 

8 (1) TRIBE.—The term ‘‘Tribe’’ means the Lit9 tle Shell Tribe of Chippewa Indians of Montana. 


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1 (2) MEMBER.—The term ‘‘member’’ means an 

2 individual who is enrolled in the Tribe pursuant to 

3 section 7. 

4 (3) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

6 SEC. 3. FINDINGS. 

7 Congress finds the following: 

8 (1) The Little Shell Tribe of Chippewa Indians 

9 is one of the political successors to signatories to the 

10 Pembina Treaty of 1863, by which a large area of 

11 land in what is now North Dakota was ceded to the 

12 United States. 

13 (2) The Turtle Mountain Band of Chippewa of 

14 North Dakota, and the Chippewa-Cree Tribe of the 

15 Rocky Boy’s Reservation of Montana, which also are 

16 political successors to the signatories to the Pembina 

17 Treaty of 1863, already have been recognized by the 

18 Federal Government as distinct Indian tribes. 

19 (3) The members of the Little Shell Tribe of 

20 Chippewa continue to live in Montana as their an21 cestors have done for more than a century since 

22 their ancestors ceded their lands in North Dakota. 

23 (4) The Little Shell Tribe repeatedly petitioned 

24 the Federal Government for reorganization in the 

25 1930s and 1940s under the Act of June 18, 1934 


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1 (25 U.S.C. 461 et seq.; commonly referred to as the 

2 ‘‘Indian Reorganization Act’’). Federal agents who 

3 visited the Little Shell Tribe and Commissioner of 

4 Indian Affairs John Collier attested to the Federal 

5 Government’s responsibility toward the Little Shell 

6 Indians. These officials concluded that Little Shell 

7 tribal members were eligible for and should be pro8 vided with trust land, thereby making the Tribe eli9 gible for reorganization under the Indian Reorga10 nization Act. Due to a lack of Federal appropria11 tions during the Depression, however, the Bureau 

12 lacked adequate financial resources to purchase land 

13 for the Tribe, and the Little Shell people were there14 by denied the opportunity to reorganize. 

15 (5) In spite of the Federal Government’s failure 

16 to appropriate adequate funding to secure land for 

17 the Tribe as required for reorganization under the 

18 Indian Reorganization Act, the Tribe continued to 

19 exist as a separate community with leaders exhib20 iting clear political authority. The Tribe, together 

21 with the Turtle Mountain Band of Chippewa of 

22 North Dakota, and the Chippewa-Cree Tribe of the 

23 Rocky Boy’s Reservation of Montana, filed two suits 

24 under the Indian Claims Commission Act of 1946 to 

25 petition for additional compensation for lands ceded 


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1 to the United States by the 1863 Treaty and 1892 

2 McCumber Agreement. These tribes received Indian 

3 Claims Commission awards, which were distributed 

4 under 1971 and 1982 Acts of Congress. 

5 (6) The Tribe petitioned the Bureau of Indian 

6 Affairs for recognition through the Bureau’s Federal 

7 Acknowledgement Process in 1978. Nearly 30 years 

8 later, the Tribe’s petition is still pending. 

9 (7) The United States Government, the State of 

10 Montana, and the other federally recognized Indian 

11 Tribes of Montana have had continuous dealings 

12 with the recognized political leaders of the Little 

13 Shell Tribe from the 1930s through the present. 

14 SEC. 4. FEDERAL RECOGNITION. 

15 Federal recognition of the Little Shell Tribe of Chip16 pewa Indians of Montana is hereby extended. All laws and 

17 regulations of the United States of general application to 

18 Indians or nations, tribes, or bands of Indians, including 

19 the Act of June 18, 1934 (25 U.S.C. 461 et seq.), that 

20 are not inconsistent with any specific provision of this Act, 

21 shall be applicable to the Tribe and its members. 

22 SEC. 5. FEDERAL SERVICES AND BENEFITS. 

23 (a) IN GENERAL.—The Tribe and its members shall 

24 be eligible, on and after the date of the enactment of this 

25 Act, for all services and benefits furnished to federally recVerDate Nov 24 2008 04:12 Jul 08, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3120.IH H3120

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1 ognized Indian tribes without regard to the existence of 

2 a reservation for the Tribe or the location of the residence 

3 of any member on or near any Indian reservation. 

4 (b) SERVICE AREA.—For purposes of the delivery of 

5 Federal services to enrolled members of the Tribe, the 

6 service area of the Tribe shall be deemed to be the area 

7 comprised of Blaine, Cascade, Glacier and Hill Counties 

8 in Montana. 

9 SEC. 6. REAFFIRMATION OF RIGHTS. 

10 Nothing in this Act shall be construed to diminish 

11 any right or privilege of the Tribe, or the members thereof, 

12 that existed prior to the date of enactment of this Act. 

13 Except as otherwise specifically provided in any other pro14 vision of this Act, nothing in this Act shall be construed 

15 as altering or affecting any legal or equitable claim the 

16 Tribe might have to enforce any right or privilege reserved 

17 by or granted to the Tribe which was wrongfully denied 

18 to or taken from the Tribe prior to the enactment of this 

19 Act. 

20 SEC. 7. MEMBERSHIP. 

21 Not later than 18 months after the date of the enact22 ment of this Act, the Tribe shall submit to the Secretary 

23 a membership roll consisting of all individuals enrolled as 

24 members of the Tribe. The qualification for inclusion on 

25 the membership roll of the Tribe shall be determined in 


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1 accordance with article 5, sections 1–3, of the Tribe’s Sep2 tember 10, 1977, Constitution. The Tribe shall ensure 

3 that such membership roll is maintained and kept current. 

4 SEC. 8. TRANSFER OF LAND FOR THE BENEFIT OF THE 

5 TRIBE. 

6 (a) HOMELAND.—The Secretary shall acquire trust 

7 title to 200 acres of land within the Tribe’s service area 

8 for the benefit of the Tribe for a tribal land base. 

9 (b) ADDITIONAL LANDS.—The Secretary may ac10 quire additional lands for the Tribe pursuant to the au11 thorities granted in section 5 of the Indian Reorganization 

12 Act (25 U.S.C. 465). 

Æ 


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