H.R. 3764 — what changed

Little Shell Tribe of Chippewa Indians Restoration Act of 2018

From Introduced in House to Reported in House. 7 sections amended and 1 removed between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Little Shell Tribe of Chippewa Indians Restoration Act of 2017”.2018”.

Sec. 2 Definitions

changed Congress finds that—In this Act:

(1)

changed Member— the Little Shell Tribe of Chippewa Indians The term “member” means an individual who is a political successor to signatories of the Pembina Treaty of 1863, under which a large area of land enrolled in the State of North Dakota was ceded Tribe pursuant to the United States;section 6.

(2)

changed Secretary— 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 of The term “Secretary” means the Pembina Treaty Secretary of 1863, have been recognized by the Federal Government as distinct Indian tribes;Interior.

(3)

changed Tribe— the members of The term “Tribe” means the Little Shell Tribe continue to live in the State of Montana, as their ancestors have for more than 100 years since ceding land in the State Chippewa Indians of North Dakota as described in paragraph (1);Montana.

(4)

removed in the 1930s and 1940s, the Tribe repeatedly petitioned the Federal Government for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”);

(5)

removed Federal agents who visited the Tribe and Commissioner of Indian Affairs John Collier attested to the responsibility of the Federal Government for the Tribe and members of the Tribe, concluding that members of the Tribe are eligible for, and should be provided with, trust land, making the Tribe eligible for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”);

(6)

removed due to a lack of Federal appropriations during the Depression, the Bureau of Indian Affairs lacked adequate financial resources to purchase land for the Tribe, and the members of the Tribe were denied the opportunity to reorganize;

(7)

removed in spite of the failure of the Federal Government to appropriate adequate funding to secure land for the Tribe as required for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”), the Tribe continued to exist as a separate community, with leaders exhibiting clear political authority;

(8)

removed 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 2 law suits under the Act of August 13, 1946 (60 Stat. 1049) (commonly known as the “Indian Claims Commission Act”), to petition for additional compensation for land ceded to the United States under the Pembina Treaty of 1863 and the McCumber Agreement of 1892;

(9)

removed in 1971 and 1982, pursuant to Acts of Congress, the tribes received awards for the claims described in paragraph (8);

(10)

removed in 1978, the Tribe submitted to the Bureau of Indian Affairs a petition for Federal recognition, which is still pending as of the date of enactment of this Act; and

(11)

removed the Federal Government, the State of Montana, and the other federally recognized Indian tribes of the State have had continuous dealings with the recognized political leaders of the Tribe since the 1930s.

Sec. 3 Federal recognition

(a)

added In general— Federal recognition is extended to the Tribe.

removed In this Act:

(b)

changed Member—Effect of federal laws— The term “member” means an individual who is enrolled Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Tribe pursuant Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”), shall apply to section 7.the Tribe and members.

(2)

removed Secretary— The term “Secretary” means the Secretary of the Interior.

(3)

removed Tribe— The term “Tribe” means the Little Shell Tribe of Chippewa Indians of Montana.

Sec. 4 Federal services and benefits

(a)

changed In general— Federal recognition is extended to Beginning on the Tribe.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)

added the existence of a reservation for the Tribe; or

(2)

added the location of the residence of any member on or near an Indian reservation.

(b)

changed Effect of federal laws—Service area— Except as otherwise provided in this Act, all Federal laws (including regulations) For purposes of general application to Indians the delivery of services and Indian tribes, including benefits to members, the Act service area of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”), Tribe shall apply be considered to be the Tribe area comprised of Blaine, Cascade, Glacier, and members.Hill Counties in the State of Montana.

Sec. 5 Reaffirmation of rights

(a)

changed In general— Beginning on 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, 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—Act.

(1)

removed the existence of a reservation for the Tribe; or

(2)

removed the location of the residence of any member on or near an Indian reservation.

(b)

changed Service area—Claims of tribe— For purposes Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the delivery of services and benefits Tribe to members, enforce any right or privilege reserved by, or granted to, the service area of Tribe that was wrongfully denied to, or taken from, the Tribe shall be considered to be before the area comprised date of Blaine, Cascade, Glacier, and Hill Counties in the State enactment of Montana.this Act.

Sec. 6 Membership roll

(a)

changed In general— Nothing in this Act diminishes any right or privilege As a condition of receiving recognition, services, and benefits pursuant to this Act, the Tribe or any member that existed before shall submit to the Secretary, by not later than 18 months after the date of enactment of this Act.Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe.

(b)

changed Claims Determination of tribe—membership— Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim The qualifications for inclusion on the membership roll of the Tribe to enforce any right or privilege reserved by, or granted to, shall be determined in accordance with sections 1 through 3 of article 5 of the Tribe that was wrongfully denied to, or taken from, constitution of the Tribe before dated September 10, 1977 (including amendments to the date of enactment of this Act.constitution).

(c)

added Maintenance of roll— The Tribe shall maintain the membership roll under this section.

Sec. 7 Acquisition of land

(a)

changed In general—Homeland— As a condition of receiving recognition, services, and benefits pursuant to this Act, the Tribe The Secretary shall submit to the Secretary, by not later than 18 months after acquire, for the date of enactment of this Act, a membership roll consisting benefit of the name Tribe, trust title to 200 acres of each individual enrolled as a member land within the service area of the Tribe.Tribe to be used for a tribal land base.

(b)

changed Determination of membership—Additional land— The qualifications Secretary may acquire additional land for inclusion on the membership roll benefit of the Tribe shall be determined in accordance with sections 1 through 3 of article pursuant to section 5 of the constitution Act of the Tribe dated September 10, 1977 (including amendments to June 18, 1934 (25 U.S.C. 5108) (commonly known as the constitution).“Indian Reorganization Act”).

(c)

removed Maintenance of roll— The Tribe shall maintain the membership roll under this section.

Sec. 8 Transfer of land

removed

(a)

removed 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)

removed 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”).