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H.R. 3764 - Little Shell Tribe of Chippewa Indians Restoration Act of 2018

Introduced: 2018-09-12
Bill Status: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 574.
 

Little Shell Tribe of Chippewa Indians Restoration Act of 2018

(Sec. 3) This bill extends federal recognition to the Little Shell Tribe of Chippewa Indians of Montana.

(Sec. 4) The bill makes the tribe and its members eligible for services and benefits provided by the United States to federally recognized tribes and their members, without regard to the existence of a reservation or the location of the residence of any member.

The service area of the tribe is considered to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties in Montana.

(Sec. 6) The tribe, as a condition of receiving recognition, services, and benefits, must submit to the Department of the Interior, and maintain, a membership roll.

(Sec. 7) Interior must take into trust for the benefit of the tribe 200 acres of land within the tribe's service area to be used for a tribal land base.

Full Text


115th CONGRESS
2d Session
H. R. 3764


AN ACT

    To extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes.

Be it enacted by the Senate and House of Representatives 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 2018”.

SEC. 2. Definitions.

In this Act:

(1) MEMBER.—The term “member” means an individual who is enrolled in the Tribe pursuant to section 6.

(2) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(3) TRIBE.—The term “Tribe” means the Little Shell Tribe of Chippewa Indians of Montana.

SEC. 3. Federal recognition.

(a) In general.—Federal recognition is extended to the Tribe.

(b) Effect of federal laws.—Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”), shall apply to the Tribe and members.

SEC. 4. Federal services and benefits.

(a) In general.—Beginning on 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—

(1) the existence of a reservation for the Tribe; or

(2) the location of the residence of any member on or near an Indian reservation.

(b) Service area.—For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties in the State of Montana.

SEC. 5. Reaffirmation of rights.

(a) In general.—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.

(b) Claims of tribe.—Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of enactment of this Act.

SEC. 6. Membership roll.

(a) In general.—As a condition of receiving recognition, services, and benefits pursuant to this Act, the Tribe shall submit to the Secretary, by not later than 18 months after the date of enactment of this Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe.

(b) Determination of membership.—The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with sections 1 through 3 of article 5 of the constitution of the Tribe dated September 10, 1977 (including amendments to the constitution).

(c) Maintenance of roll.—The Tribe shall maintain the membership roll under this section.

SEC. 7. Acquisition of land.

(a) 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) 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”).

Passed the House of Representatives September 12, 2018.

Attest:





Clerk.  


115th CONGRESS
     2d Session
H. R. 3764

AN ACT
    To extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes.

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