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“UNANIMOUS CONSENT REQUEST--H.R. 3764” mentioning the Department of Interior was published in the in the Senate section section on pages S7971-S7974 on Dec. 20, 2018.
The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.
The publication is reproduced in full below:
UNANIMOUS CONSENT REQUEST--H.R. 3764
Mr. DAINES. 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.
The PRESIDING OFFICER. Is there objection?
The Senator from Utah.
Mr. LEE. 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.
The PRESIDING OFFICER. Objection is heard.
The Senator from Montana.
Mr. DAINES. 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.
There being no objection, the material was ordered to be printed in the Record, as follows:
Treaty With the Chippewa Indians--October 2, 1868
Treaty between the United States and the Red Lake and Pembina Bands of Chippewa Indians; concluded in Minnesota, October 2, 1868; ratified by the Senate with Amendments, March 1, 1864; amendments assented to,
April 12, 1864; proclaimed by the President of the United States, May
5, 1864.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A Proclamation
To All and Singular to Whom There Presents Shall Come,
Greeting:
Whereas a treaty was made and concluded at the Old Crossing of Red Lake River, in the State of Minnesota, on the second day of October, in the year of our Lord one thousand eight hundred and sixty-three, by and between Alexander Ramsey and Ashley C. Morrill, Commissioners on the part of the United States, and the hereinafter named Chiefs, Headmen, and Warriors of the Red Lake and Pembina Bands of Chippewa Indians, on the part of said Bands, and duly authorized thereto by them, which treaty is in the words and figures following, to wit:--
Articles of A Treaty made and concluded at the Old Crossing of Red Lake River, in the State of Minnesota, on the second day of October, in the year eighteen hundred and sixty-three, between the United States of America, by their Commissioners, Alexander Ramsey and Ashley C. Morrill, agent for the Chippewa Indians, and the Red Lake and Pembina Bands of Chippewas, by their Chiefs, Headmen, and Warriors.
Article I. The peace and friendship now existing between the United States and the Red Lake and Pembina bands of Chippewa Indians shall be perpetual.
Article II. The said Red Lake and Pembina bands of Chippewa Indians do hereby cede, sell, and convey to the United States all their right, title, and interest in and to all the lands now owned and claimed by them in the State of Minnesota and in the Territory of Dakota within the following described boundaries, to wit: Beginning at the point where the international boundary between the United States and the British possessions intersects the shore of the Lake of the Woods; thence in a direct line south-westwardly to the head of Thief River; thence down the main channel of said Thief River to its mouth on the Red Lake River; thence in a south- easterly direction, in a direct line towards the head of Wild Rice River, to the point where such line would intersect the northwestern boundary of a tract ceded to the United States by a treaty concluded at Washington on the twenty-second day of February, in the year eighteen hundred and fifty-five, with the Mississippi, Pillager, and Lake Winnebigoshish bands of Chippewa Indians; thence along the said boundary line of the said cession to the mouth of Wild Rice River; thence up the main channel of the Red River to the mouth of the Shayenne; thence up the main channel of the Shayenne River to Poplar Grove; thence in a direct line to the Place of Stumps, otherwise called Lake Chicot; thence in a direct line to the head of the main branch of Salt River; thence in a direct line due north to the point where such line would intersect, the international boundary aforesaid; thence eastwardly along said boundary to the place of beginning.
Article III. In consideration of the foregoing cession, the United States agree to pay to the said Red Lake and Pembina bands of Chippewa Indians the following sums, to wit: Twenty thousand dollars per annum for twenty years; the said sum to be distributed among the Chippewa Indians of the said bands in equal amounts per capita, and for this purpose an accurate enumeration and enrollment of the members of the respective bands and families shall be made by the officers of the United States: Provided, That so much of this sum as the President of the United States shall direct, not exceeding five thousand dollars per year, may be reserved from the above sum, and applied to agriculture, education, the purchase of goods, powder, lead, doc., for their use, and to such other beneficial purposes, calculated to promote the prosperity and happiness of the said Chippewa Indians, as he may prescribe.
Article IV. And in further consideration of the foregoing cession, and of their promise to abstain from such acts in future, the United States agree that the said Red Lake and Pembina bands of Chippewa Indians shall not be held liable to punishment for past offences. And in order to make compensation to the injured parties for the depredations committed by the said Indians on the goods of certain British and American traders at the mouth of Red Lake River, and for exactions forcibly levied by them on the proprietors of the steamboat plying on the Red River, and to enable them to pay their just debts, the United States agree to appropriate the sum of one hundred thousand dollars; it being understood and agreed that the claims of individuals for damages or debt under this article shall be ascertained and audited, in consultation with the chiefs of said bands, by a commissioner or commissioners appointed by the President of the United States, and that after such damages and debts shall have been paid, the residue of the above sum shall be distributed among the chiefs. Furthermore, the sum of two thousand dollars shall be expended for powder, lead, twine, or such other beneficial purposes as the chiefs may request, to be equitably distributed among the said bands at the first payment.
Article V. To encourage and aid the chiefs of said bands in preserving order and inducing, by their example and advice, the members of their respective bands to adopt the habits and pursuits of civilized life, there shall be paid to each of the said chiefs annually, out of the annuities of the said bands, a sum not exceeding one hundred and fifty dollars, to be determined by their agents according to their respective merits. And for the better promotion of the above objects, a further sum of five hundred dollars shall be paid at the first payment to each of the said chiefs to enable him to build for himself a house. Also, the sum of five thousand dollars shall be appropriated by the United States for cutting out a road from Leech Lake to Red Lake.
Article VI. The President shall appoint a board of visitors, to consist of not less than two nor more than three persons, to be selected from such Christian denominations as he may designate, whose duty it shall be to attend at all annuity payments of the said Chippewa Indians, to inspect their fields and other improvements, and to report annually thereon on or before the first day of November, and also as to the qualifications and moral deportment of all persons residing upon the reservation under the authority of law; and they shall receive for their services five dollars a day for the time actually employed, and ten cents per mile for travelling expenses: Provided, That no one shall be paid in any one year for more then twenty days' service, or for more than three hundred miles' travel.
Article VII. The laws of the United States now in force, or that may hereafter be enacted, prohibiting the introduction and sale of spirituous liquors in the Indian country, shall be in fall force and effect throughout the country hereby ceded, until otherwise directed by congress or the President of the United States.
Article VIII. In further consideration of the foregoing cession, it is hereby agreed that the United States shall grant to each male adult half-breed or mixed-blood who is related by blood to the said Chippewas of the said Red Lake or Pembina bands who has adopted the habits and customs of civilized life, and who is a citizen of the United States, a homestead of one hundred and sixty acres of land, to be selected at his option, within the limits of the tract of country hereby ceded to the United States, on any land not previously occupied by actual settlers or covered by prior grants, the boundaries thereof to be adjusted in conformity with the lines of the official surveys when the same shall be made, and with the laws and regulations of the United States affecting the location and entry of the same.
Article IX. Upon the urgent request of the Indians, parties to this treaty, there shall be set apart from the tract hereby ceded a reservation of (640) six hundred and forty acres near the mouth of Thief River for the chief ``Moose Dung,'' and a like reservation of (640) six hundred and forty acres for the chief ``Red Bear,'' on the north side of Pembina River.
In witness whereof, the said Alexander Ramsey and Ashley C. Morrill, commissioners on the part of the United States, and the chiefs, headmen, and warriors of the Red Lake and Pembina bands of Chippewa Indians, have hereunto set their bands, at the Old Crossing of Red Lake River, in the State of Minnesota, this second day of October, in the year of our Lord one thousand eight hundred and sixty-three.
Alex Ramsey,
Ashley C. Morrill,
Commissioners.
Mons-O-Mo, his x mark, Moose Dung, Chief of Red Lake.
Kaw-Wash-Ke-Ne-Kay, his x mark, Crooked Arm, Chief of Red Lake.
Ase-E-Ne-Wub, his x mark, Little Rock, Chief of Red Lak[e].
Mis-Co-Muk-Quoh, his x mark, Red Bear, Chief of Pembina.
Ase-Anse, his x mark, Little Shell, Chief of Pembina.
Mis-Co-Co-Noy-A, his x mark, Red Rob, Warrior of Red Lake.
Ka-Che-Un-Ish-E-Naw-Bay, his x mark, The Big Indian, Warrior of Red Lake.
Neo-Ki-Zhick, his x mark, Four Skies, Warrior of Red Lake.
Nebene-Quin-Gwa-Hawegaw, his x mark, Summer Wolverine, Warrior of Pembina.
Joseph Gornon, his x mark, Warrior of Pembina.
Joseph Montreuil, his x mark, Warrior of Pembina.
Teb-Ish-Ke-Ke-Shig, his x mark, Warrior of Pembina.
May-Zhue-E-Yaush, his x mark, Dropping Wind, Head Warrior of Red Lake.
Min-Du-Wah-Wing, his x mark, Berry Hunter, Warrior of Red Lake.
Naw-Gaun-E-Gwan-Abe, his x mark, Leading Feather, Chief of Red Lake.
Signed in presence of--
Paul H. Beaulieu, Special Interpreter.
Peter Roy, Special Interpreter.
T. A. Warren, U.S. Interpreter.
J. A. Wheelock, Secretary.
Reuben Ottman.
Mr. DAINES. 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
There being no objection, the material was ordered to be printed in the Record, as follows:
Turtle Mountain,
Band of Chippewa Indians,
Belcourt, ND, March 17, 2015. Re Support for S. 35 the Little Shell Restoration Act of
2015.
Chairman John Barrasso, Senate Committee on Indian Affairs, Washington, DC. Vice Chair Jon Tester, Senate Committee on Indian Affairs, Washington, DC.
Chairman Barrasso & Vice Chair Tester: The Turtle Mountain Band of Chippewa Indians (``Turtle Mountain Band'') supports S. 35 the Little Shell Restoration Act of 2015. The Little Shell Tribe of Chippewa Indians of Montana, along with the Turtle Mountain Band and the Chippewa-Cree Tribe of the Rocky Boy's Reservation (``Rocky Boy''), are political successors in interest to the Pembina Treaty of 1863. Unfortunately, unlike Turtle Mountain and Rocky Boy, the Little Shell Tribe has lacked formal federal recognition. This is an historical injustice that must be remedied. S.35 would restore federal recognition to the Little Shell Tribe so that it may take its rightful place next to its sister tribal nations.
We urge the Senate Committee on Indian Affairs to support S. 35 and the federal recognition of the Little Shell Tribe.
Sincerely,
Richard McCloud, Chairman.
____
White Earth
Reservation Tribal Council,
White Earth, MN, April 2, 2015. Re Support for S. 35 the Little Shell Tribe Restoration Act of 2015.
Hon. Amy Klobuchar, United States Senator, Washington, DC. Hon. Al Franken, United States Senator, Washington, DC.
Dear Senator Klobuchar & Senator Franken: The White Earth Nation offers its strong support for S. 35, the Little Shell Tribe Restoration Act of 2015. This bipartisan legislation offered by Senator Jon Tester (D-MT) and Senator Steve Daines
(R-MT) would restore federal recognition to the Little Shell Tribe of Chippewa Indians of Montana (``Little Shell Tribe'' or ``Tribe'').
The White Earth Nation and the Little Shell Tribe are related, and as Anishinaabe, our stories are intertwined. The Little Shell Tribe is one of several recognized political successors to the Pembina Treaty of 1863. After the treaty the Little Shell Tribe moved west eventually settling in the Territory of Montana. Once in Montana, the Tribe remained landless and unrecognized. However, the White Earth Nation knows the Little Shell Tribe and the merits of their cause and that is why we fully support the Tribe.
I urge you to vote in favor of S. 35 and restore the long- awaited federal recognition to the Little Shell people.
Sincerely,
Erma J. Vizenor, Chairwoman.
____
The Chippewa Cree Tribe,
of the Rocky Boy's Reservation,
Box Elder, MT, November 27, 2018. Re Support for H.R. 3764, the Little Shell Restoration Act.
Hon. Mitch McConnell, Senate Majority Leader, Washington, DC. Hon. John Hoeven, Chairman, Senate Committee on Indian Affairs, Washington, DC. Hon. Charles Schumer, Senate Minority Leader, Washington DC. Hon. Tom Udall, Ranking Member, Senate Committee on Indian Affairs,
Washington, DC.
Leader McConnell, Leader Schumer, Chairman Hoeven, & Ranking Member Udall: I write on behalf of the Chippewa Cree Tribe of Rocky Boy's Indian Reservation (``Chippewa Cree Tribe'') in support of our sister tribal nation the Little Shell Tribe of Chippewa Indians and to urge the Senate to pass H.R. 3764, the Little Shell Restoration Act.
The Chippewa Cree Tribe and the Little Shell Tribe share a common history where the United States continually sought to remove us from our lands and push us ever westward. The Little Shell Tribe and the Chippewa Cree Tribe along with the Turtle Mountain Band and White Earth Nation are the political successors in interest to the Pembina Treaty of 1863. This was our first experience with land cessations and westward expansion but it was not our last. Unlike Little Shell, the Chippewa Cree Tribe was fortunate to eventually obtain reservation lands. Unfortunately, for Little Shell there was no money in Washington for similar treatment, which has led them to continue to be unrecognized to this day.
I urge the Senate to finally make right with the Little Shell Tribe and its tribal citizens by passing H.R. 3764. The Little Shell Tribe has waited long enough.
Sincerely,
Harlan Baker, Chairman.
____
Attorney General,
State of Montana,
Helena, MT, November 27, 2018. Re Urging passage of H.R. 3764, the Little Shell Restoration
Act.
Hon. Mitch McConnell, Senate Majority Leader, Washington, DC. Hon. John Hoeven, Chairman, Senate Committee on Indian Affairs, Washington, DC. Hon. Charles Schumer, Senate Minority Leader, Washington DC. Hon. Tom Udall, Ranking Member, Senate Committee on Indian Affairs, Washington, DC.
Leader McConnell, Leader Schumer, Chairman Hoeven, & Ranking Member Udall: I write to urge the Senate to pass Congressman Greg Gianforte's H.R. 3764, the Little Shell Restoration Act. I have long called on Congress to pass legislation to restore the federal recognition of the Little Shell Tribe of Chippewa Indians and it appears this year presents the best opportunity to finally achieve this goal.
The Little Shell Tribe enjoys broad support in the State of Montana because Montanans, like me, understand the Little Shell Tribe's history and its legitimacy. The Little Shell are an integral part of Montana's history, and an important part of Montana's future. I was encouraged when the House of Representatives passed H.R. 3764 by unanimous consent in September because it shows that Congress is finally listening to the people of Montana when it comes to the Little Shell. I hope the Senate will follow suit and pass H.R. 3764 expeditiously.
Again, I fully support the federal recognition of the Little Shell Tribe and call on Congress to pass H.R. 3764 in its current form.
Sincerely,
Tim Fox, Attorney General.
____
Office of the Governor,
State of Montana,
Helena, MT, November 27, 2018 Re Support for passage of H.R. 3764, the Little Shell
Restoration Act.
Hon. Mitch McConnell, Senate Majority Leader, Washington, DC. Hon. John Hoeven, Chairman, Senate Committee on Indian Affairs, Washington, DC. Hon. Charles Schumer, Senate Minority Leader, Washington DC. Hon. Tom Udall, Ranking Member, Senate Committee on Indian Affairs, Washington, DC.
Dear Leader McConnell, Leader Schumer, Chairman Hoeven, and Ranking Member Udall:
I urge the United States Senate to pass Montana Representative Greg Gianforte's H.R. 3764, the Little Shell Tribe Restoration Act. This bipartisan bill will finally right the historical injustice perpetrated against the Little Shell Tribe.
As Governor of Montana, I have continued the government-to- government relationship with the Little Shell Chippewa Tribe as a state recognized tribe. In 2015, I supported the Montana State Legislature's passage of House Joint Resolution No. 15 in the 64th Legislative Session calling on the ``federal government to restore federal recognition to the Little Shell Tribe of Chippewa Indians'' and asking Congress to pass legislation to accomplish this. If the Senate passes H.R. 3764, Montanans' calls to restore federal recognition to the Little Shell Tribe will finally be answered.
The Little Shell Tribe of Montana enjoys immense support in the State of Montana because tribe's history and culture are the fabric of Montana. The Little Shell deserves the passage of this legislation. It has been long overdue for this recognition and I call on the United States Senate to respect the State of Montana's voice in this debate and move to pass H.R. 3764 in its current form. The Tribe has waited long enough for this action.
Sincerely,
Steve Bullock,
Governor.
Mr. DAINES. 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.
The PRESIDING OFFICER. The Senator from Iowa.
____________________
