Little Shell Tribe of Chippewa Indians Restoration Act of 2018

Mr. President, my Montana colleagues, Congressman Gianforte and Senator Tester, and I have worked for years to bring Federal recognition to the Little Shell Tribe, and for the first time, we are just one vote away from making it happen.

Congressman Gianforte championed his bill through the House with unanimous votes in the committee and on the floor. When it came to the Senate, Senator Tester and I pressed it, also by unanimous consent, through the Indian Affairs Committee. Now, with just hours left in the 115th Congress, we need to pass this important bill out of the Senate and get it on the President's desk.

The Little Shell Tribe has waited for lifetimes. It should not have to wait another year to get this done. Therefore, in the fashion of all of the previous votes on this bill that have had strong bipartisan support, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 574, H.R. 3764. I ask unanimous consent that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.

Mr. President, I have great respect for the objection by my friend and my colleague from Utah.

I do feel the need to point out that the Little Shell Tribe meets all of the necessary qualifications for recognition, including its having a long history that predates 1940. Let me enumerate on this.

Little Shell is the only Tribe in the country that has funds held in trust by the Department of the Interior but yet lacks Federal recognition. The Little Shell Tribe is the only Tribe that has had a favorable determination by the Department of the Interior and has had it reversed by a bureaucrat with zero negative comments. That decision, however, was remanded by the previous Secretary, and Secretary Zinke strongly supports our efforts here today. The Little Shell has, indeed, existed as a distinct community--recorded as early as 1863 in the Pembina Treaty with the U.S. Government.

I ask unanimous consent that this treaty, with Chief Little Shell's name on it, be printed in the Record.

The Little Shell entered this treaty with other bands of the Chippewa Cree. As well, they all support Little Shell's recognition.

I ask unanimous consent that these letters of support be printed in the Record

The Little Shell is also unique, and all 12 of Montana's Indian Tribes on our seven Indian reservations also support its recognition. The Little Shell also has the support of the entire Montana delegation. It has the support of our Governor, and it has the support of our Attorney General.

Here are their letters.

In fact, Federal recognition of the Little Shell has enjoyed support from the congressional delegation and our State's Governors since the 1930s and 1940s when our country first began to federally recognize Indian Tribes. The American Indian Policy Review Commission, from later in 1977, also recognized its plight as a distinct entity.

There are more documents for the Record. Clearly, the record has existed in support of this Tribe's Federal recognition. I remember, during my time in the House, looking at what it had been going through--literally, stacks and stacks of paperwork--in following a process. There is, indeed, longstanding evidence supporting its recognition, and I strongly disagree with my colleague's objection.

The Little Shell Tribe has seen lifetimes--not a lifetime but lifetimes--of neglect from our Federal Government. I had hoped we could finally deliver its recognition here today. We are just one vote short in the Senate. I will not stop pushing for our government to rectify this injustice.

I thank the Presiding Officer.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, Federal recognition of Native American Tribes is critical to protecting their Tribal sovereignty and restoring the Tribe's ability to control its land, its water, and its resources, as well as the ability to govern and to protect the health, safety, and welfare of its members.

Introduced by Representative Gianforte, H.R. 3764 will extend Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. The Little Shell Tribe has resided in Montana for well over a century and has long been recognized as a Tribe by the State.

The Tribe is a political successor to the signatories of the Pembina Treaty of 1863, under which a large area of land in the State of North Dakota was ceded to the United States. While the Federal Government has federally recognized the two other Tribes that are successors to the signatories of the treaty, the Little Shell have inexplicably been left in limbo.

The Tribe has repeatedly petitioned the Federal Government for Federal recognition--first in the 1930s and '40s under the Indian Reorganization Act, and later, starting in 1978, through the Department of Interior's so-called Part 83 process. However, despite their long and well-documented history, each time they were deprived of their rightful Federal recognition.

H.R. 3764 finally extends recognition to the Little Shell Tribe, making all Federal laws and regulations of general applicability to Indians and Indian Tribes applicable as well to Little Shell and its members.

Federal recognition of the Tribe enjoys broad support in Montana, including support from the Governor's office, the Montana State legislature, the surrounding counties and cities, and from all the other federally recognized Montana tribes. Recognition for the Little Shell is long overdue, and I urge my colleagues to vote ``yes'' on this legislation.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of the Senate amendment to H.R. 767, the SOAR to Health and Wellness Act of 2018.

This bill establishes a training program for healthcare and social service providers in order to better identify potential victims of human trafficking when they come into contact with healthcare or social services professionals. The bill provides grants to appropriate entities to help train these providers on how to identify and appropriately treat potential victims of human trafficking.

Nearly 21 million people worldwide are victims of human trafficking, forced labor, or sexual exploitation. At some point, many of these unidentified victims will come into contact with a healthcare provider or social services professional. It is critical for these providers to know how best to care for these individuals and how to ensure they can coordinate their treatment with other providers in a way that is culturally relevant, trauma informed, and patient centered. Helping healthcare professionals better recognize the signs of trafficking and improve their ability to intervene can truly be the difference between life and death.

Mr. Speaker, the House passed H.R. 767 on February 26 of this year, and we are now considering the amendment to the bill that the Senate agreed to yesterday. These changes reflect bipartisan efforts to streamline the text of the legislation, while maintaining the bill's intent and scope as originally passed in the House.

I want to thank Congressman Cohen for sponsoring this important piece of legislation and for his leadership on this issue.

Mr. Speaker, I urge my colleagues to support the bill. I have no further speakers, and I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3764) to extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous materials on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today in strong support of my bill, H.R. 3764, the Little Shell Tribe of Chippewa Indians Restoration Act. As the only Member from Montana in the House of Representatives, I am proud to sponsor a bill which would extend Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana.

With Federal recognition, the Little Shell Tribe and its members would become eligible for all services and benefits provided by the Federal Government to federally recognized Tribes.

The Tribe, as a condition of receiving Federal recognition, services, and benefits, must submit to the Secretary of the Interior a membership roll consisting of the name of each individual member of the Tribe and must maintain such membership roll.

The act directs the Secretary of the Interior to acquire, for the benefit of the Tribe, trust title to 200 acres of land within the Tribe's service area to be used for a Tribal land base.

I appreciate the work of Chairman Gray and the Little Shell people for

continuing this fight for recognition. I urge adoption of the measure.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield back the balance of my time.

Mr. President, in reserving the right to object, Tribal recognition is a very serious matter. It is not one that should be undertaken lightly. Given the sacred nature of Tribal recognition and the significant impact it has both on the Tribe in question and on the U.S. Government, as well as on surrounding communities, we have an orderly process by which this needs to be done.

In 2009, the Bureau of Indian Affairs, having considered the argument by the Little Shell, concluded it had failed to meet three of the seven categories that are typically considered for Tribal recognition, and on that basis, the Bureau turned down its application. It has been suggested that there is still an appeal pending--a challenge to that finding--by the Little Shell.

I am not aware of any legal analysis suggesting that the Bureau of Indian Affairs got it wrong. This is not to say that Congress cannot or should not or could not decide on its own to recognize it. Yes, this is a power that Congress has. Yet, as I see it, those seven criteria ought to be considered and considered carefully. I am aware of no

legal analysis indicating that the conclusion by the Bureau of Indian Affairs in 2009 was inadequate or flawed.

For that reason, I object.