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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Little Shell Tribe of 
Chippewa Indians Restoration Act of 2009’’. 
SEC. 2. DEFINITIONS. 
For purposes of this Act: 
(1) TRIBE.—The term ‘‘Tribe’’ means the Lit-
tle Shell Tribe of Chippewa Indians of Montana. 
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(2) MEMBER.—The term ‘‘member’’ means an 
individual who is enrolled in the Tribe pursuant to 
section 7. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. FINDINGS. 
Congress finds the following: 
(1) The Little Shell Tribe of Chippewa Indians 
is one of the political successors to signatories to the 
Pembina Treaty of 1863, by which a large area of 
land in what is now North Dakota was ceded to the 
United States. 
(2) The Turtle Mountain Band of Chippewa of 
North Dakota, and the Chippewa-Cree Tribe of the 
Rocky Boy’s Reservation of Montana, which also are 
political successors to the signatories to the Pembina 
Treaty of 1863, already have been recognized by the 
Federal Government as distinct Indian tribes. 
(3) The members of the Little Shell Tribe of 
Chippewa continue to live in Montana as their an-
cestors have done for more than a century since 
their ancestors ceded their lands in North Dakota. 
(4) The Little Shell Tribe repeatedly petitioned 
the Federal Government for reorganization in the 
1930s and 1940s under the Act of June 18, 1934 
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(25 U.S.C. 461 et seq.; commonly referred to as the 
‘‘Indian Reorganization Act’’). Federal agents who 
visited the Little Shell Tribe and Commissioner of 
Indian Affairs John Collier attested to the Federal 
Government’s responsibility toward the Little Shell 
Indians. These officials concluded that Little Shell 
tribal members were eligible for and should be pro-
vided with trust land, thereby making the Tribe eli-
gible for reorganization under the Indian Reorga-
nization Act. Due to a lack of Federal appropria-
tions during the Depression, however, the Bureau 
lacked adequate financial resources to purchase land 
for the Tribe, and the Little Shell people were there-
by denied the opportunity to reorganize. 
(5) In spite of the Federal Government’s failure 
to appropriate adequate funding to secure land for 
the Tribe as required for reorganization under the 
Indian Reorganization Act, the Tribe continued to 
exist as a separate community with leaders exhib-
iting clear political authority. 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 two suits 
under the Indian Claims Commission Act of 1946 to 
petition for additional compensation for lands ceded 
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to the United States by the 1863 Treaty and 1892 
McCumber Agreement. These tribes received Indian 
Claims Commission awards, which were distributed 
under 1971 and 1982 Acts of Congress. 
(6) The Tribe petitioned the Bureau of Indian 
Affairs for recognition through the Bureau’s Federal 
Acknowledgement Process in 1978. Nearly 30 years 
later, the Tribe’s petition is still pending. 
(7) The United States Government, the State of 
Montana, and the other federally recognized Indian 
Tribes of Montana have had continuous dealings 
with the recognized political leaders of the Little 
Shell Tribe from the 1930s through the present. 
SEC. 4. FEDERAL RECOGNITION. 
Federal recognition of the Little Shell Tribe of Chip-
pewa Indians of Montana is hereby extended. All laws and 
regulations of the United States of general application to 
Indians or nations, tribes, or bands of Indians, including 
the Act of June 18, 1934 (25 U.S.C. 461 et seq.), that 
are not inconsistent with any specific provision of this Act, 
shall be applicable to the Tribe and its members. 
SEC. 5. FEDERAL SERVICES AND BENEFITS. 
(a) IN GENERAL.—The Tribe and its members shall 
be eligible, on and after the date of the enactment of this 
Act, for all services and benefits furnished to federally rec-
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ognized Indian tribes without regard to the existence of 
a reservation for the Tribe or the location of the residence 
of any member on or near any Indian reservation. 
(b) SERVICE AREA.—For purposes of the delivery of 
Federal services to enrolled members of the Tribe, the 
service area of the Tribe shall be deemed to be the area 
comprised of Blaine, Cascade, Glacier and Hill Counties 
in Montana. 
SEC. 6. REAFFIRMATION OF RIGHTS. 
Nothing in this Act shall be construed to diminish 
any right or privilege of the Tribe, or the members thereof, 
that existed prior to the date of enactment of this Act. 
Except as otherwise specifically provided in any other pro-
vision of this Act, nothing in this Act shall be construed 
as altering or affecting any legal or equitable claim the 
Tribe might have to enforce any right or privilege reserved 
by or granted to the Tribe which was wrongfully denied 
to or taken from the Tribe prior to the enactment of this 
Act. 
SEC. 7. MEMBERSHIP. 
Not later than 18 months after the date of the enact-
ment of this Act, the Tribe shall submit to the Secretary 
a membership roll consisting of all individuals enrolled as 
members of the Tribe. The qualification for inclusion on 
the membership roll of the Tribe shall be determined in 
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accordance with article 5, sections 1–3, of the Tribe’s Sep-
tember 10, 1977, Constitution. The Tribe shall ensure 
that such membership roll is maintained and kept current. 
SEC. 8. TRANSFER OF LAND FOR THE BENEFIT OF THE 
TRIBE. 
(a) HOMELAND.—The Secretary shall acquire trust 
title to 200 acres of land within the Tribe’s service area 
for the benefit of the Tribe for a tribal land base. 
(b) ADDITIONAL LANDS.—The Secretary may ac-
quire additional lands for the Tribe pursuant to the au-
thorities granted in section 5 of the Indian Reorganization 
Act (25 U.S.C. 465). 
Æ 
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