Little Shell Tribe of Montana An unofficial Tribal Member website
"Ayabewaywetung"
"Es 'Sence"
Chief Little Shell
also known as "Little Clam"
This Little Shell Tribe Website is BY Little Shell Tribal Members FOR Little Shell Tribal Members
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April 23, 2008April 20, 2008
Obama campaign kicks up Indian Country outreach
From the The Missoulian
By JODI RAVE
the MissoulianDemocratic Sen. Barack Obama’s presidential campaign in Montana kicked up its outreach efforts in Indian Country on Wednesday, with the announcement of its newly unveiled Montana Native Americans for Obama steering committee.
Tribal chairmen from the Crow Nation and Confederated Salish and Kootenai Tribes are co-chairing the committee, as well as a tribal councilman from the Chippewa Cree Tribe.
The steering committee includes members from all seven reservations in Montana, urban areas and the Little Shell band.
“Federal prisoners of this country receive better health care than Indians,” said Crow Nation Chairman Carl Venne. “That’s not right.”
Venne said two of the greatest concerns in tribal communities are affordable health care and education. He noted that Obama co-sponsored the Indian Health Care Improvement Act to provide an additional $1 billion for the Indian Health Service to address problems facing Native communities.
“Obama also understands that quality education is the key to empowering tribal nations to build a better future. ? We cannot survive as Indian tribes if we’re not educated,” said Venne.
He is among two tribal chairmen in Montana to endorse Obama. Chairman James Steele of the Confederated Salish and Kootenai Tribes has also pledged his support.
Gay Kingman, Great Plains Tribal Chairman’s Association executive director, said the Illinois senator has also gained majority endorsements from all North Dakota tribal chairmen. And leaders of the two largest reservations in South Dakota - the Rosebud and Pine Ridge tribal chairmen - have also endorsed Obama.
Meanwhile, the Montana Natives for Obama campaign continues to move forward. Last week, the campaign announced Samuel Kohn would lead its tribal outreach campaign to reservations and tribal communities in the state.
“Sen. Obama understands the challenges facing Native Americans in Montana,” said Chippewa Cree tribal Councilman and state Rep. Jonathon Windy Boy. “He knows that Indians are a population forgotten by many in the federal government. That is why he proposes a real government-to-government relationship with steps such as the appointment of a senior-level Native policy adviser in the White House.”
Windy Boy said Native people historically have been offered a lot of “empty rhetoric, words with no meaning or no definition.” He said Obama is offering change Indian Country can believe in.
“He has made a commitment,” said Venne. “And we’re following him.”
Reach reporter Jodi Rave at 800-366-7186 or jodi.rave@lee.net.
April 16, 2008
Building at damsite doubtful as tribal office
From the The Great Falls Tribune
By RYAN HALL
Tribune Staff WriterThe Montana State-Tribal Relations Committee on Saturday toured the Morony damsite, over which the Little Shell Chippewa was given control in the 2007 Legislature.
The committee then held its quarterly meeting in the Little Shell's headquarters in the Westgate Mall.
Several topics were discussed during the meeting, but the condition of the damsite and its potential future use took center stage Saturday morning. Control of the historic but dilapidated building and seven to 10 acres around it was given to the Little Shell for 10 years during the 2007 legislative session. Since that time, tribal members have toured the site and the building and begun formulating a plan for use of the site.
"It's one of those things where we didn't even know what we were getting into," said John Sinclair, president of the Little Shell.
Sinclair said the former apartment building was in even worse shape than was reported, with a restoration estimated at least $500,000.
"That's way low," he said, noting that the tribe has received an estimate of $40,000 just remove to mice and bats and their hazardous waste from the structure.
"The building costs a lot of money to demolish it or clean it up," said State-Tribal Relations Committee member Sen. Joe Tropila, D-Great Falls.
He added that committee members who chose to tour the building Saturday did so with respirators as a safety precaution because of the danger of hantavirus in the waste.
The condition of the building and the layout of the land, much of which can't be built on has forced to tribe to change its plan for the site, Sincair said.
"It's good hunting ground, that's about it," Sinclair said of the additional acreage made available to the tribe, adding it is mostly ridges and dips.
Originally, the Little Shell hoped to establish a tribal headquarters in the building and eventually locate additional services there if the tribe achieves federal recognition, which it has sought for 116 years. Now the plan is to use the damsite as a cultural site and possibly a campground, Sinclair said.
"We've had to change our focus," he said, adding that if the tribe is federally recognized it may try to secure another site to house a tribal complex, which could include a health clinic and a corrections office.
"You just don't house that in one building," he said.
Tropila noted that, even if the tribe does not restore and use the apartment building, the site offers lots of opportunity, including access to a seven-mile undammed stretch of the Missouri River. He added it was in Cascade County's interest to have the Little Shell utilize the land because, even though it wouldn't add to the tax base, their presence would likely reduce the number of "beer busts" and incidents of vandalism at the site. He added that having a land base could aid the tribe in its process to be federally recognized.
The next step for the damsite is an evaluation, Sinclair said, noting funds need to be identified to prepare the site for any type of cultural use. He added that there is plumbing in the area that must be tested to see if the tribe can make use of it. Once the tribe's 10-year lease on the land expires, the Little Shell can renew the lease or the state can choose to permanently transfer the building and surrounding land to the tribe.
Other topics on the committee's agenda Saturday were an update on the Department of Corrections' methamphetamine treatment programs, an intergovernmental agreement for the Chippewa Cree to access Substance Abuse and Mental Health Services Administration grants and other topics.
Tropila said potential future legislation that would allow the state to officially recognize the Little Shell Chippewa Tribe also was discussed. He introduced a resolution recognizing the tribe in 2001, which passed, but said a bill stating the same could help the tribe secure federal recognition.
April 13, 2008
Little Shell Buffalo Meat Distribution
Robert, Michele and Cheyenne Bigback of Bigback Silkscreening announce that on Tuesday, April 29, 2008 6:30pm at Bigback Silkscreening in Butte Montana, there will be a Little Shell Tribal Informational Meeting and a Tribal Buffalo Meat Distribution.
As the Distribution is for Tribal Members only, Please bring your Tribal I.D. card or Enrollment # to receive the distribution. The Distribution will take place directly following the meeting.
Details:
April 29th, 2008 Tuesday 6:30pm
Bigback Silkscreening
66 West Park
Butte, MT 59701
Further Info or Application:
Click for map and directions to Bigback Silkscreening
406-782-2713 or 406-452-2892Visit Robert, Michele & Cheyenne at their Art Gallery, Gift & Silkscreen Print Shop or our Website
Locally Owned & Operated
CCR Registered, GSA Vendor
SBA, MBE, DBE Certified, HUB Zoned
100% Native American Business
Custom Orders
Stock Orders
Retail, Wholesale
Teams, Schools,Groups,Organizations
nacupowwow@gmail.com
bigbacksilkscreening@msn.com
Webpage
Online Catalog
Map to Store in Butte, MT
April 10, 2008
Native Montana Magazine Launch!
From the The Great Falls Tribune
James Parker Shield, a member of the Little Shell Chippewa tribe, is coordinating efforts with the monthly publication, Great Falls River's Edge Journal, for his latest business venue, Native Montana. "Native Montana will provide people with information about happenings in Indian Country, along with in-depth articles about businesses and culture and successful Indian entrepreneur stories," Shield said.
Shield turned to Great Falls River's Edge Journal publisher Gordon McManus and his staff members for advice. That discussion turned into a partnership.
The first issue of River's Edge Journal/Native Montana will publish in May and will be distributed statewide.
"One cover is the River's Edge Journal, then half way through the magazine, you flip it over and the other cover is Native Montana," Shield said.
Articles in May's issue of Native Montana include one about the Montana Indian Business Alliance and a contribution from the Montana Historical Society.
Webmaster's Note: The Great Falls River's Edge Journal is located Here: River's Edge Journal. Soon to come will be the Native Montana Magazine Website.
April 10, 2008
Montana Rep Denny Rehberg announces Housing Grants for Montana Tribes, but none for Little Shell Tribe.
From Rep Denny Rehberg's Website
WASHINGTON D.C. - Montana’s Congressman, Denny Rehberg, announced today the U.S. Department of Housing and Urban Development (HUD) has cleared the way for more than $14.5 million in housing grants for Montana’s Native American Tribes.
"Home ownership is part of the American Dream and I want that dream to become a reality for more of Montana’s Native American communities," said Rehberg a member of the House Appropriations Committee. "Many Native American families are forced to deal with substandard housing and this grant will help improve the situation for Montana’s tribes."
The grant is part of the Indian Housing Block Grant developed by the Native American Housing Assistance and Self-Determination Act (NAHASDA) of 1996. The funds can be used for construction, improvements and upgrades, management of low-income housing, crime prevention and safety and other housing services.
Last September, Rehberg joined House colleagues in approving a reauthorization of NAHASDA and has been actively working on the Appropriations Committee to fight for HUD funding for Native American Housing.
The grants:
· $6,227,778 grant for the Blackfeet Indian Reservation
· $4,109,638 grant for the Salish and Kootenai Tribe on the Flathead Indian Reservation
· $2,504,204 grant for the Fort Belknap Indian Reservation
· $1,988,780 grant for the Chippewa-Cree Tribe on the Rocky Boy’s Indian Reservation
# # #
April 10, 2008
New Opinion Letter to the editor by Henry Gladeau
From the The Great Falls Tribune
Henry Gladeau of Burley Idaho has sent another "Letter to the Editor" to the Great Falls Tribune. Here is a copy of it in it's entirety:
Silly, lying games
We, the Little Shell Tribe of Montana Indians, have played the government's silly games ever since I can remember. They are all broken promises and lies.
What is the difference between our race of people and other races, except that we are half white and half Indian? That is what our ancestors were.
Our ancestors were probably not supposed to survive, but survive they did by taking jobs nobody wanted or living off the dump grounds of other people.
And don't anyone say that there has been no discrimination or prejudice toward our race, because I have lived with it all my life. It comes from Indians, whites and the government.
We have been told the government has money and land set aside for us. Are they hoping we will all die off as our ancestors have? The government has hired lawyers to fight for us, paid by them, and it's just another lie to our council. The lawyers are sure not fighting for us when the U.S. government is paying them.
They say we are only part Indian, but that is not how they declared our ancestors. Our ancestors were declared to be full-blooded Indians, because the law said Indians could not own land. Therefore, we are full-blooded Indians.
Letters of truth must be sent all over the world. I need your help.
— Henry Gladeau, Burley, Idaho
April 2, 2008
Montana Legislative panels plan meetings
From the The Billings Gazette
Committees of the Montana Legislature meet regularly between regular sessions to conduct in-depth studies of topics of public interest.
All meetings are open to the public and include opportunities for public comment. Meetings are also televised in Billings (Channel 70), Bozeman (63), Helena (19) and Missoula (67).
Meeting times are subject to change. Confirm times before attending any meeting. All meetings are in the State Capitol in Helena unless otherwise noted.
• Law and Justice Committee: 9:30 a.m. today and 8 a.m. April 11, Room 137.
• Taxation and School Funding Subcommittee: 8:30 a.m. April 17, Room 102.
• Property Tax Subcommittee: 8:30 a.m. April 17, Room 137.
• Revenue and Transportation Committee: 3 p.m. April 17 and 8 a.m. April 18, Room 102.
• State-Tribal Relations Committee: 1 p.m. April 19, Little Shell Tribal Offices, 1807 Third St. NW, Great Falls.
March 4, 2008
Bill Clinton says "he" would commit to Indian Country
From the The Great Falls Tribune
By RICHARD PETERSON
For the Great Falls TribuneHAVRE — If his wife is elected president in November, former President Bill Clinton said he'd make it his personal responsibility to tackle the issues that are important to Native Americans.
The former president, campaigning in Havre for New York Sen. Hillary Clinton, made the pledge to about 30 Montana tribal leaders in a private meeting before his morning speech in the MSU-Northern Armory Gymnasium.
The meeting was attended by tribal leaders from the Blackfeet, Fort Peck, Fort Belknap, Chippewa-Cree and Little Shell tribes.
His commitment to the tribes at the hour-long meeting surprised some leaders who've been dissatisfied with the Bush administration's Native American policies during the past seven years.
"He said if she's elected, he'll commit himself to the concerns of Indian Country. It was a profound statement," said Fort Peck Tribal Councilman Tom Christian, who attended the meeting. "He said as a president, he never had time to pursue the things that needed to be done for Indians. I felt he was sincerely committed to that statement."
The tribal leaders also discussed the health care provided by the Indian Health Service, tribal gaming, water rights, law enforcement and federal recognition of the Little Shell Tribe, based in Great Falls.
The president's visit to Havre and Montana was a chance for his wife's presidential campaign to reach out to Native American voters, a campaign official said.
"This is historic, that this campaign has taken on issues in Indian Country that are important to Senator Clinton," said Matt McKenna, a spokesman for Bill Clinton. "It's an historic opportunity to come to Montana and discuss these tribal issues."
Clinton also said the tribes' relationship with the federal government has deteriorated since he left office; his wife would like to renew those ties.
Tribal leaders also stressed to Clinton the dire shortfalls in the IHS budget, which forces the federally funded clinics to ration health care and provide medical referrals only when a patient is about to lose a life or limb.
Clinton told the tribal officials that those concerns could disappear under Hillary Clinton's health care plan, which would provide health insurance for most or all Americans requiring such coverage, several leaders said.
State Rep. Shannon Augare, D-Browning, a member of both state and national steering committees for Hillary Clinton, met with the former president before his speech in Great Falls.
"The meeting between the president and the Blackfeet Tribe was a great success. We were reflecting on what it was like during the Clinton administration," Augare said. "... Reflecting on what a Clinton administration once brought the Indians and what another Clinton might do for Indian Country."
Though many tribal leaders were impressed with the former president's ideas, others would rather hear about those initiatives from the former first lady's mouth. "A lot of the issues he addressed were right on," said Rep. Jonathan Windy Boy, D-Box Elder, of the Rocky Boy's Reservation. "But they would have been more meaningful if the senator had showed up."
After the meeting, the tribal leaders presented gifts of beadwork, history books and blankets to the president, who also signed autographs and posed for pictures with most of the tribal delegations.
Webmaster Note : The Pledge given is not from the Presidential Candidate herself but from her Husband Bill Clinton, who is prevented by the Constitution from exercising or being President of the United States. The Pledge made is from a Private Citizen with no executive powers and will still have no powers if His wife is elected. It is a shame that a candidate would not pledge to help our tribes as the Chief Executive, but would only have the "First Husband" deal with the Sovereignty and Relations with Native Americans. Personally, I appreciate that the Ex-President would pledge his support to our tribes, but it shames me to hear that it is conditional support on his wife winning the presidency and that the candidate herself has not made the same commitment to our people.
February 24, 2008
Tribal leaders pleased with early discussions
From the The Great Falls Tribune
By PETER JOHNSON
Great Falls Tribune Staff WriterIndians from around Montana gathered in a meeting room at the C.M. Russell Museum on Monday to brainstorm ideas for the 2009 Legislature.
At the end of six hours of discussion, the group's suggestions included more workforce training grants for good reservation businesses; elimination of certain taxes levied against tribal governments, and renewing funding to help reservation schools improve.
State Sen. Carol Juneau and Rep. Shannon Augare, the two Browning Democrats who suggested the "policy roundtable," said it was the first time individual Montana Indians had met so early to brainstorm legislative ideas.
Juneau said that tribal leaders will probably get together later to discuss budget issues and that Gov. Brian Schweitzer will meet later this spring with Indians to discuss legislative ideas.
She said it makes sense for Indians from across Montana to start coming up with ideas now, noting that Schweitzer already is asking state department heads to start planning for the session.
"I'm delighted at how it went," Augare said. "We had a cross section representing individuals from all seven tribal communities, plus urban Indians."
James Parker Shield of Great Falls, a member of the landless Little Shell Chippewa tribe, called it "a great idea" to bring representatives of reservation tribes together with urban Indian groups to discuss shared concerns.
Blaine County Commissioner Dolores Plumage agreed at the end of the day that the session was worthwhile, but said it might have tried to condense too much discussion of complex subjects in to too little time.
"We hit on a lot of topics, but maybe too quickly," she said. "We need the luxury of time to discuss maybe one or two topics. That way we can get to know each other and understand our areas' different views."
Augare said this was the first such meeting, and improvements can be made next time.
"This represented a beginning conversation of what could be the 2009 legislative agenda from Indian Country," he stressed.
Group members divided into four groups, roughly paralleling the jurisdiction of legislative committees, and brainstormed goals for each area. They switched to different committees in the afternoon, and did the same thing.
The group reports will be printed up and those "reflection documents," as Augare called them, will be sent to participants and potential Indian allies, including Schweitzer, he said.
Juneau and Augare said the state's 10 Native American legislators will probably try again to pass a law that would prevent local and state taxation of tribally owned fee land. Similar property owned by city, county, school districts and churches is not taxed, they said.
While the Montana Water Reserve Rights Compact Council is close to wrapping up most water compact negotiations between the state and Indian tribes, group participants said the council might need to be extended beyond its July 2009 expiration date.
It's easier and less expensive to negotiate through a council than to litigate through court action, Juneau said.
February 14, 2008
Opinion: Little Shell Tribe has waited long enough: Tribe deserves at least a hearing on gaining federal status
From the The Missoulian
Talk about red tape. For nearly 100 years, the people who claim membership in the Little Shell Tribe of Chippewa have been trying to gain federal recognition - and they still don't know when they can expect a final decision.
Over the years they've tried just about every available avenue to plead their case. They have outlined their ancestry back to their grandparents' grandparents, submitted reams of required paperwork and allowed federal agents to scrutinize their tribal activities.
And still, the Interior Department's Bureau of Indian Affairs continues to collect more information about the tribe's 4,300 members, most of whom live in the Great Falls area. Federal agents say they just don't have the resources to move any faster.
Montana's congressional delegates have done what they can to speed things up. Most recently, Rep. Denny Rehberg sponsored House Resolution 1301, which, if approved, would immediately provide federal recognition to the Little Shell Tribe. It's a tactic that has worked for other tribes; last year alone seven different tribes received federal recognition through congressional legislation.
But the Little Shell Tribe wasn't one of them. Even though Rehberg introduced his resolution back in March 2007, it doesn't seem to be going anywhere. So now, he's pushing for a hearing before the House Natural Resources Committee.
It looks like a federal hearing is the tribe's best shot at hastening the recognition process, Little Shell Chairman John Sinclair told the Missoulian's editorial board this week. “If we don't get a hearing, this is never going to move forward,” he said.
Sinclair pointed out that his tribe must have federal recognition before it can apply for certain federal services.
“We're hoping for the basic services other tribes enjoy - health care, education for our children, maybe some affordable housing,” he said. “That's our main goal.”
Federal recognition would also help the tribe lay claim to its own land base. Currently, it is based out of an office in Great Falls. Sinclair suspects some legislators are getting pressure from people concerned about the land issue, while others are more worried about the possibility of the Little Shell Tribe opening its own casino.
“We're not even interested in that at this point,” Sinclair said.
It's worth noting that people claiming Little Shell ancestry began pushing for federal recognition long before the nation's tribal gaming industry took off. As Sinclair put it, “We've been in the process since before there was a process.”
Indeed, the Little Shell Tribe has been functioning as a group longer than the various federal agencies they've petitioned. They have come close to receiving federal recognition several times only to be thwarted by circumstances beyond their control. Once, they were even promised their own reservation. But that was during the Great Depression, and they were told the government didn't have enough money to buy the land.
In 1978, the Bureau of Indian Affairs launched a formal Federal Acknowledgement Process for tribes seeking federal recognition, and the Little Shell Tribe was among the first to submit a petition. Yet the Interior Department didn't grant even preliminary recognition until 2000. And even now, the petition is still pending.
The Little Shell Tribe isn't alone. Several dozen other groups have been trying to claim their sovereignty - some for more than 10 years. But few have waited as long as the members of Little Shell.
That's why many are now calling for the current recognition system to be replaced with a more streamlined process - a debate that's certain to drag on as well.
Sinclair believes once his tribe has the opportunity to plead their case, federal recognition will be the obvious choice. After all, it's obvious to everyone in Montana that they are a tribe and deserve to be recognized. The state of Montana gave its official recognition years ago.
We agree with Rehberg that the Little Shell Tribe has waited for an answer long enough. Its members have been exceptionally patient and persistent. At the very least, they deserve a hearing.
January 27, 2008
Rep. Rehberg renews push for Little Shell recognition
From the Great Falls Tribune
By Great Falls Tribune Staff
U.S. Rep. Denny Rehberg, R-Mont., renewed his request Wednesday for the House Natural Resources Committee to hold a hearing on federal recognition for the Little Shell Chippewa Tribe.
"The Little Shell deserve federal recognition," said Rehberg, a member of the House Appropriations Committee. "I know it. The state of Montana knows it.
"It seems the only ones that don't know it are the bureaucrats at the Interior Department," he added.
Last year, Rehberg introduced legislation to recognize the tribe, which has its headquarters in Great Falls. Federal recognition increases the availability of federal money for a tribe in the form of grants and programs.
"It's time we take a different route and move my bill through the legislative process," Rehberg said. "I'm hopeful the chairman and ranking member will agree the foot-dragging has gone on too long."
The Little Shell Tribe is made up of approximately 4,300 members, mostly in the Great Falls area. In 2000, the same year the tribe was recognized by the state of Montana, the Department of the Interior issued a positive finding for the tribe, making it eligible for recognition.
Since then, little progress has been made because of bureaucratic obstacles, Rehberg said. His proposed bill bypasses the bureaucracy by using the legislative process.
"This year marks the 30th consecutive year the Little Shell Tribe has pursued federal recognition through the Department of Interior's Office of Federal Acknowledgement (OFA) process," said Rehberg in the letter to the House Natural Resources Committee. "I strongly urge you to schedule a hearing on HR1301 before another generation of the Little Shell Tribe members goes unrecognized."
===================================================
Congressman Denny Rehberg, 516 Cannon House Office Building, Washington, DC 20515
N E W S
February 13, 2008
30 Years is Long Enough!
Rehberg Urges Committee Hearing on Little Shell Recognition
WASHINGTON, DC - Montana's Congressman, Denny Rehberg, today renewed his request to Chairman Nick Rahall (D-WV) and Ranking Member Don Young (R-AK) of the House Natural Resources Committee to hold a hearing on federal recognition for the Little Shell Chippewa Tribe. Rehberg introduced a bill last year to recognize the Tribe.
“The Little Shell deserve federal recognition,” said Rehberg, a member of the House Appropriations Committee. “I know it. The state of Montana knows it. It seems the only ones that don’t know it are the bureaucrats at the Interior Department. It’s time we take a different route and move my bill through the legislative process. I’m hopeful the Chairman and Ranking Member will agree the foot dragging has gone on too long.”
The Little Shell Tribe is made up of approximately 4,300 members, mostly in the Great Falls area. In 2000, the same year the tribe was recognized by the state of Montana, the Department of Interior issued a positive finding for the tribe making them eligible for recognition. Since then, little progress has been made due to bureaucratic obstacles. Rehberg’s bill expedites recognition through the legislative process.
“This year marks the 30th consecutive year the Little Shell Tribe has pursued federal recognition through the Department of Interior’s Office of Federal Acknowledgement (OFA) process,” said Rehberg in the letter. “I strongly urge you to schedule a hearing on H.R. 1301 before another generation of the Little Shell Tribe members goes unrecognized.”
Letter:
February 13, 2008
Dear Chairman Rahall and Ranking Member Young,
As the second session of the 110th Congress begins, I would like to renew my request for a House Natural Resources Committee hearing on my bill, H.R. 1301, to federally recognize the Little Shell Tribe of Chippewa Indians of Montana.
This year marks the 30th consecutive year the Little Shell Tribe has pursued federal recognition through the Department of Interior’s Office of Federal Acknowledgement (OFA) process. While the House Natural Resources Committee held several hearings in 2007 on federal recognition bills and the broken OFA process, the Little Shell Tribe was unable to share with the Committee its unique history and struggle with the recognition process.
Last year, I was pleased to support legislation federally recognizing the Lumbee Tribe, the Chickahominy Tribe, the Chickahominy Indian Tribe – Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, the Monacan Indian Tribe, and the Nansemond Indian Tribe. The Little Shell Tribe is just as deserving of recognition and it remains essential for the establishment of a tribal land base, preservation of sovereignty and culture, as well as access to vital services and benefits for tribal members.
I strongly urge you to schedule a hearing on H.R. 1301 before another generation of the Little Shell Tribe members goes unrecognized.
Please contact myself or Heather Stefanik of my staff at 225-3211 for further details. Thank you for your time and I look forward to hearing from you soon.
Sincerely,
Denny Rehberg
Member of Congress# # #
HR 1301 IH
110th CONGRESS 1st Session H. R. 1301
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
March 1, 2007 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 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 2007'.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) TRIBE- The term `Tribe' means the Little Shell Tribe of Chippewa Indians of Montana.
(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 ancestors 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 (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 provided with trust land, thereby making the Tribe eligible for reorganization under the Indian Reorganization Act. Due to a lack of Federal appropriations during the Depression, however, the Bureau lacked adequate financial resources to purchase land for the Tribe, and the Little Shell people were thereby 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 exhibiting 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 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 Chippewa 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 recognized 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 provision 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 enactment 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 accordance with Article 5, Sections 1-3, of the Tribe's September 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 acquire additional lands for the Tribe pursuant to the authorities granted in section 5 of the Indian Reorganization Act (25 U.S.C. 465).
END
More from Indianz.com
January 11, 2008
Letter: Federal government lies to Little Shell Indians
From the Billings Gazette
Letter to the Billings Gazette Editor
We, the Little Shell Indians of Montana, would like to know when we of these United States are going to get our equal rights, as all other races of the U.S. people are supposed to have?
There has been prejudice and discrimination against our race of people ever since the United States government declared our ancestors to be Indians. Why? Is it because our race of people are half Indian and half white? Our race of people started in these United States when the Louisiana Purchase lands belonged to France.
When the United States took over the Louisiana Purchase lands, they found many of our ancestors had already homesteaded in these lands. The United States government made its own laws to suit its wants, not its needs, as it still does to this day. One of its laws was that Indians could not own land. So our ancestors were then declared to be Indians.
Our ancestors were never given lands as all other Indian tribes in these U.S. were given. Why? The government has been lying to our people ever since, making promises that we are going to get the same as other Indian tribes have, but when?
Our state of Montana has recognized our tribe to be Indians. Now what is the United States government's problem with not recognizing us to be Indians? After all, it is they who declared us to be. It has been a long wait for equal rights in our own homeland. Why?
Henry Gladeau
Burley, Idaho
January 7, 2008
Opinion: Highwood Generation Station Benefits
From the Great Falls Tribune
Recently the Tribune reported on a meeting between regional tribal leaders and Great Falls business leaders who were discussing the importance of regional economic development and its possible impact on members of the Rocky Boy, Fort Belknap, Blackfeet, Little Shell, and Fort Peck tribes. One of the sponsors of the event, James Parker Shield, was quoted as saying that the meeting would serve as a forum where tribes and business leaders could get acquainted and develop relationships that could prove mutually beneficial for a regional economy that must compete globally.
The Northern Cheyenne Tribe is working toward similar goals in southeastern Montana. One of the important ways that we are working on developing (and protecting) the economy on the Northern Cheyenne Reservation is by controlling the cost of our electricity. The Cheyenne Reservation is served by the Tongue River Electric Co-op, which is one of the members of SME, the co-op that is working to build the Highwood Generation Station east of Great Falls. Although the power plant is being built in a region of more direct economic connection to the Rocky Boy, Fort Belknap, Blackfeet, Little Shell, and Fort Peck tribes, it will benefit our members by providing us with a source of long-term, predictably priced electricity. Many of our members are on a fixed income or are low-income. They need the economic protection that will be provided by allowing the co-ops to build their power plant.
— Diana McLean, Northern Cheyenne Tribal member, Lame Deer
January 6, 2008
EMPLOYMENT ANNOUNCEMENTS WITH LITTLE SHELL TRIBAL OFFICE
Job Title: Tobacco Abuse Prevention Specialist
Location: Great FallsHalf time position will provide support, develop and implement an effective tobacco abuse prevention program in the Great Falls area. Other duties to be assigned with Access To Recovery program. Must be able to attain associates degree. Computer skills a must. Self motivation, good work ethics and people skills a must. Drug-free workplace. Knowledge of Little Shell tribal and Native American history of the Great Falls area.. Must be postmarked by closing date January 18, 2008.
Mail resume and letter of interest to:
Little Shell Chippewa
Russell Boham
P O Box 1384
Great Falls, MT 59403
Tribal Historian
The Little Shell Tribe of Chippewa Indians of Montana is seeking a Tribal Historian to conduct historical research that will culminate in a book entitled “History of the Little Shell Chippewa.”
Duties: Largely, review, organization and consolidation of existing documentation as well as gather other appropriate documentation, conduct original field research and develop appropriate text and original documents.
Abilities/Requirements: Minimum of a 4 year degree from an accredited university in social science or a related field; Master’s or Doctorate preferred. Social Science field research experience, ability to collect, analyze and interpret qualitative and quantitative data a must. Knowledge of the Little Shell Chippewa people required. Strong writing ability required. Native American/Tribal Preference.
This is a 2 year position depending upon availability of funding. Salary range is $38,000- $43,000 DOE.
The Little Shell Tribal History Project is funded through the Office of Public Instruction, Department of Indian Education in support of Indian Education for All. This has a starting date of February 1, 2008.
Send letter of interest and sample of writing to:
Dr. Russell V. Boham
Little Shell Chippewa Tribe
P O Box 1384
Great Falls, MT 59403
December 26, 2007
Tribal group among many seeking to be recognized by U.S.
From the Billings Gazette
By MATTHEW BROWN
Associated PressGREAT FALLS - Long after the Little Shell Tribe of Chippewa was stripped of its land and scores of its people had been moved to Canada, the 4,300 surviving members are fighting to reclaim the shards of their past.
Through the years, and with intermarriage with Canadian fur trappers, tribal members have been left in such an ethnic and cultural limbo that, to some, it would appear they have lost their identity. But tribal leaders say it's that history of tragedy and perseverance that defines them.
"People look at us and say 'You're not Indian,' " said Little Shell chairman John Sinclair. "We say, 'We're not. We're Little Shell.' "
For now, the bond remains largely of the tribe's own making. The federal government has yet to recognize the tribe despite a campaign spanning more than a century. The Little Shell and 95 other groups are actively pursuing tribal sovereignty claims, many of which have languished for decades.
Work to address the backlog has moved at the rate of barely one decision a year while groups like the Little Shell struggle to keep their claim on history alive.
In a black hole
Frustrated at the bureaucratic morass, some members of Congress, tribal leaders and Indian advocates are calling for an end to the current recognition system, established in 1978. They say its intent - to provide a level playing field - has devolved into a "black hole" that swallows petitions for decades.
"It's been a 30-year experiment that's failed," said Jack Campisi, a retired Wellesley College anthropologist who worked on recognition petitions for more than two dozen tribes. Of those petitions, only three have been successfully resolved.
"I worked on the Little Shell petition in the '80s, and most of the people that I worked on it with are now dead," said Campisi, who is in his mid-70s.
Federal officials blame the glacial pace on a combination of stretched resources and rigorous standards. A spokeswoman for the Interior Department's Bureau of Indian Affairs said the agency had no choice but to adhere to the system established by Congress.
"The process is in place. It is what it is," said spokeswoman Nedra Darling.
Legislation to scrap the current system has not advanced beyond the committee level, but the stacks of documents submitted for pending cases are steadily growing. One petition, by the United Houma Nation in Louisiana, has ballooned to more than 100,000 pages.
Little Shell members say recognition would provide access to federal health care, affordable housing and education grants. And it would give new focus to a people pulled apart by time, distance and repeated rejection.
"We want to try to get the culture back in our family before it's gone," said Bruce Landrie, a Little Shell who grew up on a Crow reservation in southeastern Montana. "If we wait 50 years more, it will be."
Migration to Northern Plains
The forefathers of today's Little Shell were a band of the Chippewa who migrated to the Northern Plains in the 1700s.
After ending up in the Turtle Mountain region of North Dakota in the late 1800s, the tribe was approached by federal agents seeking to buy land for white homesteaders. The offered price was 10 cents an acre.
Chief Little Shell refused to sign what he considered an unfair deal. His people were taken off the Chippewa tribal roll and became a "landless tribe" - an estimated 5,000 people roaming the Northern Plains in search of the last great bison herds.
The bison were soon nearly wiped out by white settlers and the Little Shell scattered. An estimated 600 were relocated by federal authorities to the Canadian border. Most walked into Montana. They ended up on other reservations and on frontier outposts, where they intermarried with French-Canadian trappers.
Because of their mixed ancestry, many of today's Little Shell have pale skin. Some are blond. Their traditional song is a fiddle tune, the Red River Jig. Their flag has a split background: half red and half white.
In the early 20th century, a tribal leader named Joe Dussome revived the Little Shell's federal recognition hopes. He and other leaders held dances to raise money for trips to Washington to press their case.
In the 1930s, federal officials promised a reservation but later backed out after being unable to raise the money for the land, according to the tribe.
To be recognized under the current federal system, the Little Shell must prove not just who they are but who their parents were. And their grandparents. And their great-grandparents - all the way back to the 1860s.
Looking for families
A descendant of Dussome, 73-year-old Edna Teske, has been chronicling her people's history since the 1980s, visiting dozens of communities across the Northern Plains and up into the Canadian Rockies, searching out families to add to the tribe's federal petition.
"We've been scattered all over ever since I can remember, just pushed from here to there and everywhere," Teske said.
About 300 Little Shell members recently convened in Great Falls for their annual Joe Dussome Day.
Surveying the crowd was an anthropologist from the Bureau of Indian Affairs, who measured the depths of tribal relations and studied the deference given to tribal leaders.
The anthropologist declined to be interviewed, but R. Lee Fleming, director of the bureau's Office of Federal Acknowledgment, said such visits can determine if there is sufficient "continuity" to support a tribe's recognition claim. The agency's aim is "to understand their travels through time," he said.
In 2000, Fleming's office announced it was leaning toward recognition for the Little Shell. But the government also said the tribe's case needed to be bolstered. Thousands more documents have since been submitted.
A final decision could be made by the spring. Sinclair, the tribal president, said he has learned not to expect too much.
"They try to treat every tribe the same, but they all have different histories and they all have different heritages," he said. "We don't act like the white people or the red people want us to act or look. We're Little Shell first."
December 15, 2007
Tribes contribute $1 billion to economy
From the Great Falls Tribune
Associated Press
MISSOULA (AP) — A new report says the state’s tribes contribute about $1 billion toward the Montana economy.
The state-funded study, published in the latest issue of Montana Business Quarterly, is considered a first step in identifying the sources and uses of tribal funds. Information came from audited financial reports and government documents for Montana’s seven reservations and the landless Little Shell Band of Chippewa.
“This is a first step in evaluating the impact of the tribes’ monetary contributions” to Montana, said Shawn Real Bird, chairman of the state tribal commission. “In growing the state’s economy, it is important we acknowledge the tribes’ contributions.”
Eleanor YellowRobe of Rocky Boy wrote the report after doing three years of research while a student at the University of Montana.
Paul Polzin, director of UM's Bureau of Business and Economic Research, edited the final report.
“Montana’s American Indian tribes have long been important components of the state’s political and social landscape,” Polzin said. “In an initial report like this, credibility is of paramount importance because this is the first time putting it all together.”
He said the numbers are larger than many people thought and document what tribal leaders have long suspected: direct and indirect activities have a lot of zeros behind them.
The information gathered is limited to tribal, federal and state sources. It does not include money from privately owned businesses operating on the reservations.
About 69,300 people in Montana, or 7 percent of the state’s population, are tribal members. Montana’s reservations encompass about 8,626 of the state’s 147,046 square miles.
State Sen. Carol Juneau, D-Browning, said the information will help in discussions with tribal and legislative leadership, especially in matters of economic development and education.
“It was a good report,” Juneau said. “And it’s the first time I’ve seen such a detailed report from our tribal communities.”
According to the study, the Flathead Reservation had the greatest share of economic activities among the reservations at $317 million. Fort Belknap had the least at $76 million, or about 7.4 percent. The landless Little Shell Tribe had economic activities of about $204,600.
December 11, 2007
Tribal, business heads discuss strengthening groups' economic ties
From the Great Falls Tribune
By RICHARD PETERSON
Great FallsTribune Staff Writer
Native Americans from seven tribes in northcentral Montana and along the Hi-Line have a long history of shopping and dining in the Electric City.
Several economic development groups and local officials met with dozens of tribal leaders Thursday and Friday to say they hope to strengthen those economic ties with collaborations and partnerships.
"It's important for Great Falls businesses to realize that tribes of today are not the tribes of 20 years ago. Tribes are now in a position of being possible business partners," said James Parker Shield, director of War Shield Development.
War Shield, the Great Falls Development Authority and the Fort Belknap Planning and Development Corp. sponsored the two-day event, named "Leaders at the River," which included presentations from local business leaders and elected officials, as well as tours of business, education and cultural facilities throughout the city.
Tribal leaders and officials from the Little Shell Tribe and the Blackfeet, Rocky Boy's, Fort Belknap and Fort Peck reservations networked with Great Falls business leaders and other officials throughout the two days.
"It's imperative we work as a regional partner. We can't afford to waste people power," said Great Falls City Commissioner Sandy Hinz. "Opportunities are knocking. Let's open the door."
The tribes represented at the Great Falls conference contributed more than $473 million to the state's economy in fiscal year 2003, according to the State Tribal Economic Development Commission and the University of Montana's Bureau of Business and Economic Research.
"A lot of that ends up in Great Falls," Shield said.
Maria Valandra, a First Interstate BancSystem vice president and the chairwoman of the Montana Indian Business Alliance, told the gathering that of the 104,202 businesses in Montana, 1,190 of them are Indian-owned. A little less than half of the Indian-owned businesses are on reservations, said Valandra, a member of the Rocky Boy's Chippewa-Cree Tribe.
"Great Falls is an economic force in the region, so it's important we establish business-to-business and tribal-to-local-government relationships," Valandra said.
One issue raised at the forum was the trouble many Native Americans have when trying to obtain loans to start or maintain businesses.
"Access to credit is a major barrier in Indian Country," said Sue Woodrow, the community affairs director of the Federal Reserve Bank's Helena branch.
She said many in the business community believe tribal governments lack commercial laws in their court systems to clamp down on people who don't repay loans. Woodrow and other Federal Reserve Bank officials established The Model Tribal Secured Transactions Act, which gives tribal courts more teeth when enforcing commercial laws.
The Crow Tribe was the first tribal nation in Montana to adopt the law into their justice code, Woodrow said.
"Thirty tribes (nationwide) have enacted or are in the process of enacting it," Woodrow told the tribal and business leaders. "This will help tribal members applying for credit, which is essential for business development."
She added that her office is more than willing to help area tribes get the law into their code books.
Brett Doney, executive director of the GFDA, said Great Falls is a regional trade center dependent on rural communities and Indian reservations.
"We are trying as much as possible to take a regional approach," he said.
Reach Tribune Staff Writer Richard Peterson at 791-6547, 800-438-6600 or rpeterson@greatfallstribune.com.
November 1, 2007
Tribal, business leaders focus on regional economic development
From the Great Falls Tribune
By Great Falls Tribune Staff
Regional Indian tribal leaders will meet with Great Falls business leaders Thursday and Friday to talk about economic development.
The two-day regional economic development event is called "Leaders at the River." The event is sponsored by the Great Falls Development Authority, the Fort Belknap Planning and Development Corp. and War Shield Development Corp. of Great Falls, a nonprofit community development group seeking to improve social and economic conditions for Native Americans.
The event will bring together elected tribal officials, planners and economic development staff members from Rocky Boy, Fort Belknap, Blackfeet, Little Shell and Fort Peck tribes to meet Great Falls economic development officials, elected officials and business leaders.
The event will kick off with a breakfast at the Civic Center's second floor Missouri Room at 9 a.m. on Thursday, with several tours branching off to other locations.
The agenda includes presenters and tours of selected area facilities and businesses, including the Great Falls International Airport, Benefis Healthcare, Sletten Cancer Institute, Centene, Avmax, the malt plant, MSU-Great Falls College of Technology, the C.M. Russell Museum and others.
"The Leaders at the River event will serve as a forum where tribes and Great Falls business leaders can get acquainted and develop relationships that could prove mutually beneficial for a regional economy that must compete globally," said James Parker Shield, director of War Shield Development.
He praised the Fort Belknap Planning and Development Corp. for its "forward-thinking approach to economic development."
For more information on the event, or to register call Kara Todd-Iwen or Linda Buck at 406-353-2501 or Parker Shield at 406-727-7483. Buck also can be reached by e-mail at lfleurybuck@yahoo.com
The registration fee is $125 per person or $525 for a group of up to 10 persons. The fee includes two breakfasts and two lunches.
October 14, 2007
'Indianpreneur' winners honored
From the Great Falls Tribune
By Tribune Staff
War Shield Development Corp. has announced award winners from its six-week business startup class.
About 10 young adults from the Great Falls-area Indian community took the "Indianpreneur" classes taught last summer by James Parker Shield, executive director of the nonprofit and a former contractor, tribal official and government aide. The classes focused on developing business plans and learning what community resources are available to entrepreneurs.
Elton LaTray, a Blackfeet and Little Shell Chippewa, was awarded first place in the competition for best business plan, with a proposal to develop an office equipment company to serve tribal markets. He won a $500 prize sponsored by Rural Dynamics, Consumer Credit Counseling.
"We're excited to support this great program," said Jolene Bach, Rural Dynamics communications director. "Sharing knowledge, failures and successes with each other is how to continue to move our region forward and build economic stability in our communities."
The runner-up prize of $300 was awarded to Richard Parenteau, a member of the Little Shell Chippewa Tribe, for his business plan for a new restaurant. That award was sponsored by the Montana Commerce Department, which also financed the class."Course participants are to be commended for pursuing their goals of starting a business," Parker Shield said. "The opportunity to develop a business plan and compete for a cash award was an added incentive."
October 14, 2007
Tribal elder keeps culture alive
From the Helena Independent Record
MARGA LINCOLN
Helena Independent RecordHenry Anderson, 76, the chair of the Helena Indian Alliance, is a local elder in the Little Shell tribe.
As a former tribal cultural director, he has sought to keep his tribe’s culture vibrant.
He teaches Indian games to youth.
“We have all these Indian games, traditional games. We’re trying to keep kids away from drink and smoke and ...” he said, silently wiggling his thumbs, acting out electronic game remotes.
He also teaches students that if he goes into the hills to cut any saplings for an activity, he always says a prayer of thanks.
“Before you take something, you offer something back. We offer tobacco,” he said.
And he burns sweetgrass before games and says a prayer to protect any of the players from injury, he said.
“We give kids wisdom,” he said, “and the kids give us strength.”
He keeps alive the sacred pipe ceremony.
“I’m a pipeholder.”
He’s taught the ceremony to his sons and stepson and to Little Shell council people.
“Each time the pipe is handed, say a few good words and ask for whatever we are sitting here for and turn it around in the direction of the sun,” Anderson said.
And he has taught tribal languages, speaking Cree, Chippewa, French Canadian and the Métis language, Michif.
“We’re Indians. We should know our language and talk it,” he said. “We should know our history and not just from a book. You have to know what your ancestors knew and pass it on.”
He shared some of his own story.
He recalled growing up, raised by his grandmother in Harlem on the Hi-Line during the 1930s.
“We went to a half-breed dance to raise money to send Joe Dussome to Washington,” he said.
Dussome, known as “The Man of Loyalty,” led the Little Shell efforts for federal recognition from the 1930s to the 1960s. He was instrumental in getting state of Montana tribal recognition in the 1930s. A celebration honoring his memory and a tribal gathering were held in Great Falls Saturday.
Anderson recalled fiddle dances every winter during his youth to raise money for Dussome.
It was tough during the Depression, he said. They lived by hunting wild game, selling some of it, and collecting berries. His grandmother would dry much of the food.
“No one had any money,” he said.
His grandmother, Flora Swan, was born in Dearborn in 1864.
She loaded rifles during the 1885 uprising of famous Métis leader Louis Riel, who fought for aboriginal rights for the Métis — the mixed-blood group that includes many Little Shell.
“I would like to be federally recognized for our children and our elders and the medical help coming to them,” he said. “We’re just living on hope.”
He admitted he’s not sure he’ll see it in his lifetime.
“It could be another 15 years,” he said.
Reporter Marga Lincoln: 406-447-4074 or marga.lincoln@helenair.com
October 8, 2007
Little Shell Tribe has sought federal recognition for over a century
From the Helena Independent Record
By MARGA LINCOLN
Helena Independent RecordLittle Shell Tribe has sought federal recognition for over a century
For local tribal elder Henry Anderson, federal recognition of the Little Shell Chippewa Tribe of Montana would mean more educational opportunities for youth and better health care for elders in his tribe.
The Little Shell have sought federal recognition for more than 100 years.
This week a Bureau of Indian Affairs investigator is in the state interviewing tribal members as part of the recognition process.
In 1978 and 1985 the tribe petitioned for recognition through the BIA Office of Federal Acknowledgement, said historian Nicholas Vrooman, who is also interim director of the Helena Indian Alliance.
They then re-applied in 1996, and in 2000 received provisional recognition, Vrooman said.
“It’s now 2007 and nothing’s been resolved,” he said.
So the tribe took a different route and turned to Montana’s delegation to seek congressional recognition.
Earlier this year Sen. Jon Tester, D-Mont., introduced a bill to grant the Little Shell federal recognition, Vrooman said.
Also, Montana officially re-recognized the Little Shell Tribe this year. The state had already recognized the tribe in the 1930s, Vrooman said.
“They (the Little Shell) know who they are,” said Vrooman. “They know they’re a tribal people. They trace their tribal lineage to the Pembina Chippewa. They don’t need the federal government to tell them who they are.”
However, federal recognition is needed to qualify for education and health programs and to purchase land and put it into a trust, he said.
“The petition is not about getting a reservation,” Vrooman added.
Congressional action is temporarily on hold, because the BIA re-activated the Little Shell’s application.
An Independent Record phone message to the BIA national office was not returned.
“The landless Little Shell is an unresolved crisis” left over from the 19th century Indian Wars, Vrooman said.
He compares the plight of the 4,500 Little Shell enrolled members across Montana to that of the landless Kurds and Palestinians in the Middle East.
Of enrolled tribal members, 188 live in Helena and 45 in East Helena, according to tribal records.
The ancestors of today’s Little Shell were mostly Chippewa, Cree, Assiniboine and Métis — people of mixed blood who are descendants of intermarriages with fur traders.
Because Chief Little Shell refused to sign a treaty in 1892 at the Turtle Mountain Reservation in North Dakota, he and his band were expunged from the tribal roll, said Vrooman. When they returned from a Montana hunting trip, they were turned away from the Turtle Mountain Reservation.
Under Chief Little Shell they came to Montana to live and sought federal recognition until his death in 1901.
They were left out of the land transfers at the end of the 19th Century that set up the seven reservations for 11 tribes in Montana, Vrooman said.
“They have literally wandered from community to community,” living in Indian neighborhoods, such as Moccasin Flats in Helena and Hill 57 in Great Falls.
“They were poverty-stricken and were scavenging food,” he said. The homesteaders and townspeople complained to the government.
“In 1896 there was a human cattle drive. Buffalo soldiers led by John J. Pershing (who would become a general in World War I) led soldiers down the Front Range and rounded up Indians, herding them to Great Falls, where they were shipped by rail car to Lethbridge (Canada),” Vrooman said.
Others were force-marched to the Canadian border.
“This is a pogrom,” Vrooman said.
They didn’t stay in Canada. Many returned to Montana and hid out in coulees and canyons.
“They lived very pitifully,” Vrooman said. “They had no access to resources.”
Montana artist Charlie Russell and writer Frank Linderman championed the rights of the landless bands led by chiefs Little Shell, Rocky Boy and Little Bear. In 1916, the Little Shell were part of negotiations with these two other bands that led the federal government to create the Rocky Boy Reservation, said Vrooman.
“All three bands were told to go there. When they got there, there was not enough food, supplies and resources to go around,” he said. “This is the situation we live in today, since 1916, it’s been unresolved.”
“All of this stems from when the buffalo disappeared,” Vrooman added. “Indians had to place their faith in the hands of the government that treaties would be upheld and justice served. Their subsistence disappeared. Their world — their world view died.”
The Little Shell are the only tribe from the Northern Plains still seeking federal recognition, said Vrooman.
However, as of 2005, 302 tribes across the country were suing for recognition, said Vrooman.
The BIA has told the Little Shell a decision may be made by February, he said. If the BIA denies the tribal application, the Little Shell will work with the Montana delegation to seek recognition from Congress.
Reporter Marga Lincoln: 406-447-4074 or marga.lincoln@helenair.com
September 27, 2007
Native blessing: New center to showcase student work, Montana's many unique tribes
From the Great Falls Tribune
By BETSY COHEN
the MissoulianHolding a braid of smoking sweetgrass, Scott Russell called out in the language of his Crow ancestors and asked the Creator to bless the University of Montana School of Journalism's new Native American Center.
On the third floor of the state-of-the-art Don Anderson Hall, the smoke puffed and climbed skyward as Russell stood under the center's signature giant wooden wheel held up by eight tree-like columns.
At the top of each column are individual plaques honoring the landless Little Shell nation and state's seven reservations: Northern Cheyenne, Crow, Flathead, Blackfeet, Rocky Boys, Fort Belknap and Fort Peck.
The unique room specifically honors the achievements of the school's Native American journalism students, its Native News Honors Project, and reznet online training and mentoring program.
In keeping with Crow tradition, Russell, a Crow tribal leader, began the Sunday ceremony facing east.
Each day the sun rises in the east, heralding a new dawn of possibilities, Russell explained to a small gathering of students, faculty, administrators and community members. It is the direction that represents the future - and hope.
Russell prayed that good things be brought through the center's doors. He asked that all who enter the room bring good intent and that all who come to the center leave feeling better, knowing more, and taking forth something positive into the greater world.
He prayed the School of Journalism, which is the center's home, continues to teach Indian people - more and more each year - and for others, through the power of the media and the teachings of the school, teach others about Indian people.
He prayed for all the knowledge that enters in and out of the building and the center to be shared and to serve the greater good of all peoples.
“Everybody comes here with a purpose, whether it is to learn or to teach,” Russell said. “This is an important resource, and it can make a difference in peoples' lives.
“For Native Americans, it can help our kids gain prominence in contemporary society,” he said. “Media is a powerful tool, and it can be used to harm people or it can be used for good and with this blessing, I pray we are trying to bring out the good.”
Russell, who is secretary of the Crow Tribe, was asked to perform the blessing because he is a longtime friend of the journalism school's Native American programs and he has a family member who is a current student in the program, said Denny McAuliffe, reznet project director.
Although the completion of $12 million Don Anderson Hall was celebrated last spring, without the blessing, its Native American Center was in name only, McAuliffe said.
“Now that it is blessed, Native students can feel properly comfortable being here,” McAuliffe said.
The center is not intended to be museum-like or solely classroom-like, McAuliffe said. Rather, it will be place to display the best work of the school's journalism students, to showcase the individuality of Montana's tribes, to be a gathering place for students and the home for reznet and the Native News Honors Project.
“It means a lot to me to sit in a room surrounded by all the tribes,” said Mary Hudetz, a journalism student and member of the Crow nation. “I think it is perfect, really - with the history the school has had reporting on reservations and really improving journalism for Indian people, either by doing stories about us or increasing the number of us telling Indian stories.
“The blessing feels right. That's what we do for anything - when you move to a new house, we bless it, when you do new things or have new things,” she said. “Blessing this place feels right, it feels like what should be done.”
“I think this room is so beautiful and striking and the fact that is honoring Montana natives is a wonderful thing,” said Breanna Roy, a UM journalism student of Blackfeet and Cree descent.
Roy said she especially enjoys having class in the room.
“The round table in here is provides such a unique learning environment,” Roy said. “In other classrooms, all the energy is directed at one person who stands in the front of the room, but here, everyone is equal. Everyone contributes and everyone is at the same level.
“Everyone is participating,” she said, “and that contributes to a whole different kind of feel - one that's really nice.”
September 24, 2007
State designation allows Little Shell to be eligible for Toys for Tots
From the Great Falls Tribune
By JO DEE BLACK
Great Falls Tribune Business EditorThanks to hard-working Marine veterans, a generous corporate donation and the Governor's Office of Indian Affairs, the youngest members of Montana's 11 state-recognized Native American tribes will have presents under the tree this Christmas.
Toys R Us donated $1 million worth of toys to the Marine's Toys For Tots program, with 26 pallets of toys delivered to Helena. More than half of those will be distributed by Montana's Indian tribes.
The first delivery — about 190 toys — were dropped off at the Little Shell Tribe's office at the Westgate Mall on Wednesday morning.
"This is wonderful, we have a lot of kids in need," said Little Shell President John Sinclair.
The donation represents more than the smiling faces it will create on Christmas morning.
The Little Shell Tribe is recognized by the state of Montana, but not by the federal government. Federal recognition would mean better health care access for the tribe's 4,500 members and more opportunities for college scholarships and affordable housing, Sinclair said.
However, being recognized by the state also opens doors, such as the chance to receive the recent Toys For Tots donation, he said.
Major Robinson, the acting coordinator for the state Office of Indian Affairs, said his office was approached by the Toys For Tots Foundation's Helena office about distributing the toys.
"The tribal officials will look for opportunities to find the right places for those toys," he said.
Retired Marine Jeff Heffernan coordinated the logistics of the Toys R Us donation.
"We got this done thanks to about 70 hard-working volunteers who unloaded the semi," Heffernan said. "It's all to make sure that every child has a toy at Christmas time, so that no one is left out."
September 20, 2007
Recognition focus of Chippewa meeting in Billings Thursday
From the Billings Gazette
An informational meeting regarding the status of the federal recognition of the Little Shell Chippewa opens at 7 p.m. Thursday, at the old Garfield School, 3212 First Ave. S., Billings, MT.
The upcoming visit of Kimberly Cook from the Office of Federal Acknowledgement will be discussed. Cook will do a site visit for the final determination of the petition for recognition.
For more information, call the Little Shell Tribal office at 406-452-2892.
September 20, 2007
Leaders say process to gain federal recognition too slow
By Diana Marrero of the Gannette News Service Washington Bureau
WASHINGTON — Leaders of American Indian tribes seeking federal recognition asked lawmakers for help Wednesday, saying the Bureau of Indian Affairs has taken too long to process their applications.
"With delay, comes a terrible human cost," said John Sinclair, president of the Little Shell Tribe of Chippewa Indians of Montana, at a hearing of the Senate Indian Affairs Committee.
The Little Shell Tribe, which has been trying to get recognition for nearly three decades, is among 17 tribes nationwide whose applications for federal recognition are pending with the BIA. More than 200 other Indian groups also are seeking recognition.
The distinction is important because a federally recognized tribe is eligible for government programs and assistance. Recognized tribes often can begin seeking approval to build Indian casinos, which have become a source of wealth for some tribes.
The BIA could make a decision about the Little Shell in the next year, Sinclair said. But he is not waiting for the agency to act. Instead, he is lobbying lawmakers to intervene.
Sen. Jon Tester, D-Mont., who introduced legislation this year to grant the Little Shell federal recognition, said the "bureaucratic red tape these tribes are put through are absolutely ridiculous."
"They've waited for a long time," he added.
Earlier this year, Montana granted the Little Shell state recognition and gave tribal members control of several acres of land outside of Great Falls.
The tribe has been seeking federal recognition since 1978. They received preliminary recognition from the BIA in 2000.
The Native American Rights Fund, which has taken on the Little Shell's case, has spent about $1 million for anthropologists and travel costs to help put the tribe's documentation together, said K. Jerome Gottschalk, an attorney with the nonprofit law firm.
The Little Shell have about 4,500 members across the state, with many living in the Great Falls area. Tribal members are suffering as they wait for federal recognition, Sinclair said.
"We want an answer," he said. "Yes or no."
Tribes seeking recognition want lawmakers to pressure the BIA to speed up its application process. Some have asked lawmakers to step in and grant them recognition through legislation addressing their specific cases.
BIA officials have made decisions in 40 cases since the agency established a process to grant tribes federal recognition in 1978, said Sen. Byron Dorgan, D-N.D., who heads the Indian Affairs Committee.
Of those cases, 16 have been approved and 24 have been denied. During the same time period, Congress has stepped in to recognize 28 tribes through legislative action, Dorgan said. There are 563 federally recognized tribes.
The BIA is supposed to take about two years to complete a case for federal recognition but agency backlogs have meant the process can take up to 15 years, said Lee Fleming, director of the Office of Federal Acknowledgment at the BIA.
Fleming said tribal leaders seeking recognition often contribute to delays by filing incomplete applications or taking years to complete the required documentation. Tribes seeking recognition must provide documentation to prove they meet seven criteria, such as showing they have existed as a distinct political entity.
Dorgan, who called the delays unfair, asked Fleming to quicken the pace of the application process.
"A process that lasts 20 or 30 years is a process that's broken and ought to be fixed," he said. "We're not serving anybody's interests with these lengthy, lengthy delays."
Ann Tucker, tribal chairwoman for the Muscogee Nation of Florida, said tribal members are being priced out of their ancestral homelands because of increases in property taxes in that state. Federal recognition for her tribe is about "survival as Indian people," she said. Tribal lands are generally tax-exempt.
"We are sick of waiting for justice," said Tucker, who noted that tribal members have sought recognition since the 1970s.
Contact reporter Diana Marrero at dmarrero@gns.gannett.com.
September 20, 2007
Agency seeks to expedite tribal OK
WASHINGTON - American Indian tribes that gain federal recognition stand to gain substantial housing, education and health benefits. But the process isn't easy - some tribes have been waiting decades for the government to acknowledge them.
The Interior Department is taking steps to speed up that process, a government official told Congress Wednesday.
Unrecognized tribes from Montana, North Carolina, Michigan and Florida testified before the Senate Indian Affairs Committee, all saying they have waited years and submitted stacks of paperwork to the department. Tribal members have died waiting for better health care, the tribes' representatives said.
Members of Montana's Little Shell Tribe of Chippewa Indians, a tribe of more than 4,000 based in Great Falls, say they have been fighting for federal recognition for many decades. The U.S. Interior Department granted the tribe preliminary recognition in 2000. But the tribe still doesn't have reservation land, housing, medical care and other benefits that come with federal recognition.
"Every day that passes has concrete impacts on the tribe," tribal president John Sinclair told the senators.
R. Lee Fleming, director of the Interior Department's Office of Federal Acknowledgment, said the Bureau of Indian Affairs will attempt to expedite the process by trying to eliminate paperwork and layers of bureaucracy that have stalled some tribes' efforts.
The department is also considering hiring additional staff to work on the recognition process and establishing firmer timelines so that petitions move along.
"Our goal is to improve the process so that all groups seeking acknowledgment can be processed and completed within a set time frame," Fleming said.
Also testifying were representatives of the Lumbee Tribe of North Carolina, the Muscogee Nation of Florida and Michigan's Grand River Bands of Ottawa Indians.
"We have been trapped in the BIA's bureaucracy for over 30 years and we have nothing but expense and frustration to show for it," said Ann D. Tucker, a tribal chairwoman for the Muscogee Nation.
The U.S. House voted to give federal recognition to the Lumbee Tribe earlier this year. Montana's congressional delegation has introduced legislation that would give similar acknowledgment to the Little Shell.
Montana Sen. Jon Tester, a Democratic member of the committee, said recognition shouldn't require an act of Congress.
"This is a broken process that needs to be repaired," Tester said.
September 20, 2007
Tribes battle bureaucracy Feds' recognition slow in coming, native groups find
By Diana Marrero, Gannette News Service
WASHINGTON - Kenneth Woodrow, a real estate investor in Salinas, has been seeking federal recognition for his American Indian tribe, the Eshom Valley Band of Michahai and Wuksachi, for two years.
"We just want to keep our culture," said Woodrow, the tribe's chairman.
He could be in for a lengthy, bureaucratic ride unless the Bureau of Indian Affairs speeds up its application process.
The agency's system for evaluating which tribes should be granted federal recognition was the subject of a congressional hearing Wednesday by the Senate Indian Affairs Committee.
The agency is supposed to take about two years to complete a case for federal recognition, but agency backlogs have meant the process could take 15 years,
said Lee Fleming, director of the Office of Federal Acknowledgment at the BIA.In some cases, tribes have been waiting for decades for recognition.
Since the BIA established a process to grant tribes federal recognition in 1978, agency officials have made decisions in 40 cases, said Sen. Byron Dorgan, D-N.D., who heads the Senate committee.
Of those, 16 have been approved and 24 denied. During the same time period, Congress has stepped in to recognize 28 tribes through legislative action, he said.
There are now 563 federally recognized tribes across the country.
Dorgan, who called the delays unfair, asked Fleming to quicken the pace of the application process.
"A process that lasts 20 or 30 years is a process that's broken and ought to be fixed," he said. "We're not serving anybody's interests with these lengthy, lengthy delays."
Federal recognition is important because it makes tribes eligible for government programs and federal assistance. Federally recognized tribes also can often begin seeking approval to build American Indian casinos, which have become a source of wealth for some tribes.
Central Coast natives' plans
The Ohlone Costanoan Esselen Nation, whose ancestral homelands are in the Salinas Valley, has been seeking federal recognition since 1992.
Rudy Rosales, the former tribal chairman, said tribal members would benefit from recognition by having access to education grants and housing programs. The tribe has about 520 members. Many have left the area because of exorbitant housing prices, he said.
Rosales said members have plans to build a mock village site and museum once they gain federal recognition.
"We'd get our pride, our dignity and our heritage back," he said.
Tribes seeking recognition want lawmakers to pressure the BIA to speed up its application process. Some have asked lawmakers to step in to grant them recognition through legislation addressing their specific cases.
Woodrow is fairly new to the process, submitting a letter two years ago to the BIA stating his intent to seek recognition for his tribe, whose lands are in California's Central Valley.
Although most of the tribe's members live in the Central Valley, about a dozen live in Salinas, Woodrow said.
Like Rosales, Woodrow said tribal members would benefit from recognition, including access to federal funds for education, housing and health care programs.
"It's very hard for unrecognized Indians to get services," he said.
For Woodrow, the absence of federal recognition perpetuates the injustices committed by the United States against his ancestors.
'A terrible human cost'
His mother, like other American Indians of her generation, was sent to an Indian boarding school in Nevada, far from her relatives and culture.
"First, they were wards of the government," he said. "Then they were nothing."
The tribe is among more than 200 Indian groups seeking recognition. Of those, about 17 tribes have pending applications for recognition at the BIA.
"With delay comes a terrible human cost," said John Sinclair, president of the Little Shell Tribe of Chippewa Indians of Montana, which began trying to get recognition nearly three decades ago.
But Fleming said tribal leaders seeking recognition often contribute to delays by filing incomplete applications or taking years before completing the required documentation. Tribes must provide documentation to prove they meet seven criteria, such as showing they have existed as a distinct political entity.
The BIA could make a decision about the Little Shell in the next year, Sinclair said. But he is not waiting for the agency to act. He is lobbying lawmakers to intervene.
"We want an answer," Sinclair said. "Yes or no."
Contact reporter Diana Marrero at dmarrero@gns.gannett.com.
Testimony of Chairman John Sinclair before the Senate Committee on Indian Affairs
TESTIMONY OF THE HON. JOHN SINCLAIR, PRESIDENT
THE LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA
SENATE COMMITTEE ON INDIAN AFFAIRS
HEARING ON THE PROCESS OF
FEDERAL RECOGNITION OF INDIAN TRIBES
SEPTEMBER 19, 2007Chairman Dorgan, Vice Chairman Murkowski, and honorable members of the Senate Committee on Indian Affairs, I thank you for the opportunity to testify this morning. To our good friend and strong advocate Senator Jon Tester, I thank you for your tireless efforts on behalf of the Little Shell Tribe.
My name is John Sinclair, and I am the President of the Little Shell Tribe. Following in the footsteps of my father and grandfather, I have had the honor to serve as President of my Tribe for the past four years. I am here today to share with you our history with the federal government, our experience with the Federal Acknowledgment Process (FAP) and our request that this honorable body act to ensure federal recognition for my people. The recognition for which we ask you today has been promised to us for more than seventy years. The following 1935 letter from the Department of the Interior from which I quote below is just one piece of a large volume of documentation reflecting the federal government's long, but as of yet unsuccessful, efforts to provide official recognition and a land base for the Little Shell people:
This [letter] acknowledges your letter of January 28, [1935] written in behalf of landless Indians in northern Montana and suggesting that a certain tract of land be set aside for their use.This Office [the Lands Division for Indian Affairs] in general and the commissioner [John Collier] in particular are thoroughly cognizant of the unfortunate situation in which these landless Indians find themselves. To no other groups of Indians is so much constructive thought and persistent effort being directed, for it is fully realized that theirs is the greatest need.
Also it is most heartening to read in your letter your forthright assurance that, once lands are placed to your use, you will be proud to make good.
All government enterprises move slowly in spite of the best of intentions, but it is hoped and believed that in the not too distant future a satisfactory plan will be consummated for landless Indians in general, including, of course, the group to which you belong. Letter to Joseph H. Dussome from J.N. Stewart, Chief, Land Division, Indian Affairs, Department of the Interior (March 2, 1935) (emphasis added).
Federal recognition for our Tribe enjoys long-standing broad, bi-partisan support. Identical legislation to recognize the Little Shell Tribe has been introduced this Congress by Senators Tester and Baucus in the Senate (S. 724) and by Congressman Rehberg in the House (H.R. 1301). Tribes in Montana and our cousins the Turtle Mountain Band of Chippewa Indians in North Dakota, have expressed their support of our federal recognition.
Governor Schweitzer and the Montana State Legislature, by Joint Resolution, have expressed their support for our federal recognition. Hill, Cascade, Glacier and Blaine County as well as the City of Great Falls, the local governments most directly impacted by our recognition, have expressed their support of legislation to recognize the Little Shell Tribe. In fact, over the past year the State of Montana has provided us land from which we can provide essential governmental services -- something the federal government had promised to do throughout the twentieth century but has yet to succeed in doing.
The Department of the Interior has issued a proposed finding in favor of federal recognition for our Tribe. Within the next year, we anticipate that the Department of the Interior could issue a final determination as to whether to recognize our Tribe. On the surface, it may seem odd that we would seek federal legislation when we appear to be so far along in the administrative process. The answer is simple. First, as leader of the Little Shell Tribe, I cannot in good conscience let another day go by without doing everything in my power to secure recognition that has been wrongfully withheld. Every day that passes has real life consequences for my people, consequences that never make the headlines in Washington, D.C. - tribal members denied the most basic health care services, a tribal government without a federally secured land base or federal funding to provide and maintain essential governmental services.
Second, the Department has acted on our petition in a unique manner. The Department concluded in its proposed favorable finding that we are a Tribe, but it -encouraged- us to submit more documentation. Basically, the Department found that the available evidence supported its findings on each of the criteria, that no evidence was submitted in opposition to the particular finding, but that the Department would prefer to have additional records for certain time periods before the 1930s. We took the Department's suggestions to heart, submitting approximately 1000 pages of additional reports and appendices supported by several boxes of documentation.
We are therefore in a situation where the Department essentially stated in 2000 that it believes we are a tribe but that without additional documentation it could walk away from its favorable finding. Concerned with its application of the regulations to our Tribe, the Department expressly invited comment on the consistency of the proposed finding with the existing regulations. To the best of our knowledge, not a single recognized tribe or state governmental entity commented on or objected to the Department's proposed favorable finding as inconsistent with the regulations. We now find ourselves in an uncertain situation where we fear that the Department may reverse its finding even though we have submitted thousands of pages of additional evidence and neither the State, its local governments nor other federally recognized tribes have submitted evidence to the contrary or objected to the Department's proposed favorable finding.
Third, our legislation does more than simply confirm federal recognition. It addresses many of the issues newly recognized tribes and local communities struggle with for decades after formal federal recognition - the establishment of a land base, a tribal service area and certainty that our recognition will not be revoked. It is well documented that it takes years and sometimes more than a decade for the Department of the Interior to take land into trust for newly recognized tribes. For example, it took eight years after the Jena Band of Choctaw Tribe was recognized before Interior took that Tribe's cemetery and governmental offices into trust. Some of this delay is due in part to the application of the National Environmental Policy Act to these acquisitions. Further, many tribes suffer from the years it takes for the Department to establish a service area for the newly recognized tribe. For example, after completion of administrative challenges to the Department's final determination acknowledging the Cowlitz Indian Tribe in 2002, the Cowlitz Tribe still does not have a BIA-designated service area. Thus, we know that even if Interior issues a decision within the year, the Tribe could be forced to endure many additional years in legal limbo as it struggles to establish a land base and service area.
Although the State of Montana, the federally recognized tribes within Montana and local governments support our recognition, it is becoming increasingly common for parties to challenge the Department's acknowledgment decisions. And most recently, the Department reversed its decision to acknowledge a tribe because of such a challenge. While we do not expect a challenge from a governmental entity within the State of Montana, we cannot say with certainty that a decision by Interior to acknowledge our Tribe will not be challenged. Such challenges typically take years to resolve. Thus, we believe that legislation makes sense even if Interior is on track to issue a decision within a year. The legislation reflects the desires of the Tribe, the State and the local governments most directly impacted by our recognition. That is why we seek legislative recognition.
I. OUR HISTORY WITH THE FEDERAL GOVERNMENT.
My Tribe, historically often referred to as the -landless Indians,- has been the subject of federal legislation since the early 1900s. The Little Shell Band is the successor in interest to the Pembina Band of Chippewa Indians in North Dakota. We were buffalo hunters who lived and hunted around the Red River and the Turtle Mountains in North Dakota in the early 1800s. The Pembina Band was recognized by the United States in an 1863 Treaty ratified by the Senate. This treaty gave the United States possession of the section of our lands near the Red River. After that treaty, while some members of the Pembina Band settled on reservations in Minnesota others followed the buffalo herds into western North Dakota and Montana, eventually settling in Montana and in the Turtle Mountains of North Dakota.
In 1890, the United States authorized the creation of a commission to negotiate for a cession of land from the Turtle Mountain Chippewa and provide for their removal. Chief Little Shell and his followers walked out on the negotiations and refused to accept the terms of the eventual agreement. In the years that followed the 1892 Agreement, some of Little Shell's followers moved to Montana and joined with other members of the Pembina Band that had settled in Montana. After their traditional livelihood came to an end with the disappearance of the buffalo, Little Shell people were left to barely eke out an existence in a number of shantytowns across Montana, competing with both local reservation Indians and white settlers for resources. The Little Shell became known as the -landless Indians- of Montana. Like many American Indian people, we faced severe racism and discrimination throughout Montana, some of which continues today.
A. CONGRESSIONAL EFFORTS TO ASSIST THE LITTLE SHELL BAND 1900 - 1920.
Congress began appropriating money to buy land for the landless Little Shell as early as 1914, when it set aside funds to be used for -support and civilization of Rocky Boy's Band of Chippewas, and other indigent and homeless Indians in the State of Montana[.]- 38 Stat. L. 582. Every year thereafter until 1925, Congress consistently appropriated funds for the Rocky Boy's Band and the -homeless Indians in the State of Montana.- Nearly simultaneously, in 1916, Congress enacted legislation establishing a -reservation for Rocky Boy's Band of Chippewas and such other homeless Indians in the State of Montana as the Secretary of the Interior may see fit to locate thereon . . ..- Shortly after the reservation was set aside, the Department established a tentative roll of the Indians of the reservation. The initial list consisted of 657 individuals. In preparing the final roll, Interior eliminated 206 applicants from the list. The Indian Inspector reported that he had -given first consideration to the needs of the older and homeless Indians, without means of support.- Department of the Interior, Proposed Finding for the Little Shell Tribe of Chippewa Indians of Montana, Technical Report (-Technical Report-) at 86. Shut out by the Department, Little Shell members were forced to subsist on vacant lands in north-central and north-western Montana.
B. THE LITTLE SHELL BAND'S REPEATED PLEAS FOR ASSISTANCE: 1920 - 1934 Newspaper articles of the 1920s chronicled the plight of our ancestors. Newspapers in the Great Falls area reported the City's failed attempts to remove -the Indians who have been long encamped- on the edge of town. Technical Report at 90. In December 1931, Little Shell Tribe/Homeless Indians leader Joseph Dussome explained to the Commissioner of Indian Affairs that the landless Indians of Montana lived on the -dump piles of our Towns . . . going to the back allies, digging down the swill barrels for their daily bread.- Mr. Dussome pleaded for help, stating -that a great injustice has been done to my fellow Chippewa and Cree Indians of Northern Montana. Are we not entitled to a Reservation and allotments of land in our own Country, just the same as other Indians are[?]?
Less than two weeks after receiving Dussome's plea for assistance, Interior responded that because we had refused to sign a Treaty and had removed from the land in North Dakota, we did not retain rights to land at Turtle Mountain:
The Indians referred to are Chippewas of the Turtle Mountain Band. They were under the leadership of Little Shell who became dissatisfied with the treaties of the United States and the Turtle Mountain Band of Chippewas. He accordingly refused to accede thereto . . .. The disaffected band, by its failure to accede to the terms of the treaty and remove to the reservation is now unable to obtain any rights thereon for the reason that the lands of this band are all disposed of, and the rolls became final[.] . . . There is now no law which will authorize the enrollment of any of those people with the Turtle Mountain band for the purposes of permitting them to obtain either land or money.The Little Shell Tribe thus remained homeless.
C. INTERIOR'S EFFORTS TO ESTABLISH A RESERVATION AND REORGANIZE OUR PEOPLE UNDER THE INDIAN REORGANIZATION ACT.
Reflecting the significant shift in modern federal Indian policy, three years after Interior's rejection of Dussome's plea, Congress sought to remedy situations such as ours through the enactment of the Indian Reorganization Act (-IRA-) in 1934. We had continued our pursuit of a tribal land base by meeting with Interior Department officials shortly before the passage of the IRA. During one trip, tribal leader Dussome impressed upon the Commissioner of Indian Affairs the dire straits of our people. This trip, combined with passage of the IRA, triggered a flurry of activity by the Department to acquire lands for the Little Shell. Initially, Interior officials in Washington, D.C. pursued lands near the Ft. Belknap Reservation, stating:
The Office [of Indian Affairs] referred to certain plans to purchase tracts of land in Montana which could be set aside for the use of the Chippewa Indians, special mention being made of a project to acquire -some 20,000 acres near the Fort Belknap reservation.- Plans for the use of this area do not in any sense contemplate the mixing of the Chippewa Indians with those now on the Fort Belknap reservation. The area under negotiation is not part of the Fort Belknap reservation and justification for its purchase is not based on the needs of the Fort Belknap Indians. If it is purchased it will be available for the use of the Chippewa Indians exclusively[.]Plans for settling the Little Shell Band on the parcel near Ft. Belknap were abandoned by the Department based on the belief that our ancestors were not willing to settle on that land.
In the mid 1930s, the Department expended considerable effort to acquire land near the Rocky Boy's Reservation for our people. Assistant Commissioner Zimmerman explained that the land could be established as a new reservation for the landless Indians or added to the Rocky Boy's Reservation. Although original estimates suggested that the acquisition would be sufficient for approximately 100 families, the Department ultimately concluded that the purchased land could only accommodate 25 families.
The conclusion that the parcel near the Rocky Boy's Reservation was insufficient to meet existing needs did not deter the Department from its efforts to find land for the Little Shell. Interior officials underscored the Department's determination to secure a land base for our people, explaining:
The landless Indians whom we are proposing to enroll and settle on newly purchased land belong to this same stock, and their history in recent years is but a continuation of the history of wandering and starvation which formerly the Rocky Boy's band had endured.Out of the land purchase funds authorized by the Indian Reorganization Act, we are now purchasing about 34,000 acres for the settlement of these Indians and also to provide irrigated hay land for the Indians now enrolled on Rocky Boy's Reservation. The new land, if devoted wholly to that purpose, would take care of only a fraction of the homeless Indians, but it is our intention to continue this program through the years until something like adequate subsistence is provided for those who cannot provide for themselves. . . . The fact of these people being Indian and being entitled to the benefits intended by Congress has not been questioned.
The Department realized that although -it would be highly desirable to secure a single area or reservation which would meet the needs of all the Chippewa Indians of Montana . . . this seems to be impossible at this time . . . [and] the Indians must adjust their plans to take advantage of the best that we can secure for them.- Reflecting this sentiment, during this time period, the Bureau of Indian Affairs acquired a 42-acre tract of land near Great Falls, Montana. The land was acquired for the benefit of landless Indians located in the vicinity of Great Falls. Although Little Shell members were ready to move to the parcel, Interior explained that -[l]ocal public opinion forced the abandonment of the project. Local residents of the vicinity did not wish the Indians as their neighbors.- In 1950, Congress enacted legislation providing for the sale of those lands. P.L. 714, 81st Congress, 2d Session, August 18, 1950.
D. THE ROE CLOUD ROLL - THE DEPARTMENT OF THE INTERIOR PREPARES AN INDIAN ROLL TO FACILITATE ORGANIZATION UNDER THE IRA
In addition to its efforts to secure a reservation near the Rocky Boy's Reservation, Interior took steps to prepare a detailed census of our people who were one-half or more Indian blood. In December of 1935, the Commissioner of Indian Affairs submitted a proposed form of enrollment under the IRA. The Commissioner explained that the form was modeled upon a number of other tribal enrollment forms. In his memorandum seeking approval, the Commissioner emphasized the plight of the Little Shell people, stating: It is very important that the enrollment of homeless Indians in the State of Montana be instituted immediately, and it is proposed to use this form in the determination of Indians who are entitled to the benefits of the Indian Reorganization Act. This enrollment process resulted in the Roe Cloud Roll, named after Dr. Henry Roe Cloud, an Interior official who played a large part in the enrollment project. Leaders of the Little Shell Tribe provided invaluable assistance to the enrollment project. As one Indian Affairs official explained, Joseph Dussome's -services were indispensable in identifying the Indians and in advising us where to locate them.-
Our current members are generally the descendents of Indians who were either on the Roe Cloud Roll or immediate kin to someone on the roll. The Roe Cloud Roll is important for a number of reasons, including that it is a federal document certifying our ancestors as being one-half or more Indian blood and it reflects the efforts and intentions of the Department to provide for the reorganization of our Tribe. These efforts were taken to reverse the destructive federal policies of previous decades.
E. STATE AND FEDERAL EFFORTS TO SECURE FEDERAL RECOGNITION FOR OUR PEOPLE: 1940 - 1950
As Interior moved forward on the enrollment project, its progress in acquiring lands for the Little Shell slowed largely because of the lack of federal appropriations to acquire land. In other words, had appropriations been sufficient to acquire land, it appears that both the Department and the State of Montana strongly supported establishment of a reservation for our people. Had a reservation been established, we would be recognized today.
Records from this time period provide ample evidence that the lack of appropriations prevented our recognition. For example:Assistant Commissioner Zimmerman explained to Senator Murray in 1940, -[t]he Indian Office is keenly aware of the pressing need of the landless Chippewa Cree Indians of Montana. The problem thus far has been dealt with only in a very small way. I sincerely hope that additional funds will be provided for future purchases in order that the larger problem remaining can be dealt with in a more adequate manner.- May 13, 1940 Letter from Assistant Commissioner Zimmerman to Senator James E. Murray.
In 1941, the Montana State Senate and House highlighted our plight of -living in makeshift dwellings on the outskirts of our various Montana Cities- and sent a Joint Memorial to the United States Congress urging the Congress -to immediately enact appropriate legislation to create an Indian Reservation for all Montana landless Indians.-
In response to the local Superintendent's request for funds so that tribal leader Dussome could travel to Washington to advocate for the purchase of land, Commissioner John Collier (largely credited as the architect of the IRA) explained:
[Our] Office, as you know, has been sympathetic toward the desires of these people to secure land upon which they could settle and build homes.Unfortunately appropriations have not been sufficient to permit us to do much in the way of rehabilitating this group upon newly acquired lands. Various members of the Congressional delegation from Montana have been interested in the condition of these people . . . . [l]ittle can be accomplished by the Indian Office until funds have been made available by Congress for their rehabilitation[.]
That same year, Assistant Commissioner Zimmerman underscored the Department's dilemma - that it desperately wanted to assist our people but that it could not do so because of a lack of appropriations.
We have on several occasions studied this problem and can see no way in which any solution can be arrived at without specific, adequate appropriations. There are more than 500 families in the State without resources of any kind, who have no equity in any reservation, and who constitute a serious social problem. Essential to any scheme of self-support for them is an adequate land base. . . . To provide necessary land for this number of families would require a million dollars, in addition to some lands now part of the public domain. Another million would be required for loans and grants for cattle purchases, machinery, homes, and farm buildings. . . .
We are ready to undertake this task if the Congress is willing to provide the necessary funds. . . . The project is perfectly feasible; the Indians undoubtedly are in great need; they deserve some effort on the part of the Federal Government. We shall be happy to cooperate in any way.
Responding to a petition requesting that a nearby ranch be purchased for our benefit, the Office of Indian Affairs explained their predicament to Joseph Dussome:
As mentioned in prior correspondence there are no funds available with which to enter into a land purchase program for the benefit of the landless Indians of Montana. We fully appreciate the land needs of these Indians, and it is our desire to aid them at the first opportunity. As stated before, such action will be dependent upon the availability of funds. . . . As previously intimated, a large sum will be necessary to take care of the land needs of the group in which you are interested, and until such time as Congress appropriates the necessary funds for this purpose, we will be able to do very little.In 1949, the Department reiterated its desire to assist my people and its inability to establish a land base because of the lack of appropriations. In a letter to Representative Mike Mansfield, Acting Commissioner William Zimmerman explained:
Receipt is acknowledged of your letter of February 1, enclosing one from Hon. John W. Bonner, Governor of Montana, concerning the landless Indians of Montana with particular reference to their destitution and need for rehabilitation.Our files contain considerable correspondence concerning the needs of these Indians and suggested plans for their rehabilitation, but due to lack of funds this office has been unable to do very much to relieve the situation. . . . Before anything can be done for the relief of these Indians, it will be necessary for Congress to appropriate adequate funds for that purpose.
In 1940, a tribal representative of the Little Shell Tribe perfectly summarized the quandary of the Tribe, stating:
[Assistant Commissioner] Zimmerman . . . told us that we couldn't have any allocation or organization or corporate charter under this act until we have land. He said -we haven't got money to buy land and appropriations have been drastically cut from year to year and there is nothing we can do.- Summing up our negotiations with the Interior Department we come to this conclusion: First, we are entitled to rights as an Indian but as to forming an organization, borrowing from the revolving loan, we must first have a charter. We can't get a charter unless we have land. We can't have land because the Indian Office is broke . . .Because adequate funds were never appropriated to acquire land for my people, the Tribe continued to struggle over the decades that followed to satisfy the basic needs of our members. As you know, in the late 1970s the Department of the Interior formulated an administrative process. Because we are in the final stages of that process, I do not feel it is in the best interest of my Tribe to criticize the process or the Department. I will, however, provide a few general observations regarding our petition for acknowledgment.
II. OUR EXPERIENCE WITH THE ADMINISTRATIVE PROCESS
We originally filed a letter petitioning for federal acknowledgment on April 28, 1978, almost six months before Interior's administrative process for acknowledgment was created. The process has proved to be extremely resource intensive. I believe that the lack of available resources greatly hinders both the tribes in the process and the Department.
Over the past 29 years, we have been fortunate to receive the services of the Native American Rights Fund. Without their assistance, it's unfathomable that we could have found the funds necessary to retain legal counsel and consultants for this extended period of time. Over the past 15 years, NARF has spent over 3,400 attorney hours on our administrative petition. Consultants and graduate students put in thousands and thousands of additional hours. Tribal consultants, such as historians, genealogists and graduate students, donated substantial amounts of time pro bono or worked at substantially reduced rates in compiling large portions of the petition. Even with this generosity, however, the total cost for consultants and associated expenses over the last fifteen years exceeds $1 million dollars. Literally tens-of-thousands of documents have been provided with regard to our petition.
The lengthy process also inflicts an immeasurable human cost, wherein the acknowledgement torch is passed from one generation to another. The task of securing professionals to assist us with our petition and the collection of documents from repositories across the United States, Canada and England is itself demanding, but it pales in comparison to the demands of providing for my people without the protection of federal recognition, without a land base. And our current status impacts the prospects for our future generations. Moreover, it is heartbreaking to consider the idea that after nearly 30 years in the administrative process, in the politically charged atmosphere of Washington, D.C., the Department could reverse its proposed favorable finding and decide not confer federal acknowledgment.
Our tribal status is well documented. Interior's proposed finding documents include a 234 page technical report that provides evidence to satisfy each of Interior's mandatory criteria. Interior expressly concluded that each of the mandatory criteria were satisfied, requesting the Tribe to search for additional evidence to supplement the evidence that already exists. We have submitted additional documentation, as requested by the Department. Notably, we have provided additional documentation to demonstrate that 94.4% of our members descend from a historic tribe. In all, we estimate that we have submitted thousands of pages of additional documentation for our petition.
One criterion that the Congress may wish to consider for modification is criterion (a) - since 1900, identification of a Tribe by external sources. Although we clearly satisfy this factor (as the Department concluded in its proposed finding), we submit that it is nonsensical that a petitioner could satisfy all of the other criteria, thus demonstrating that it is a Tribe, and yet potentially fail to be recognized simply because a non-Indian never documented the Tribe in the early 1900s or that documentation no longer exists.
III. THIS HONORABLE BODY SHOULD ACT TO RECOGNIZE THE LITTLE SHELL TRIBE
I respectfully implore this honorable Committee to act favorably on the legislation introduced by Senators Tester and Baucus to confirm our federal recognition. I submit that this Congress should complete the efforts of previous Congresses to secure to us a fraction of the Indian lands lost by our people over time. Congress undertook this honorable effort in the 1910s and 20s, appropriating money for the purchase of land for our anc
