Senators optimistic Little Shell bill will pass soon

Montana’s two U.S. senators said Wednesday they are optimistic the Little Shell Chippewa Tribe will finally get federal recognition after they were able to get an amendment calling for such action tucked inside a must-pass defense package.

The amendment was placed in the larger National Defense Authorization Act, an annual defense package that the Senate plans to vote on in the next 10 days. Officials believe it could be signed into law as early as July.

It has been a long struggle to get the tribe federal recognition. It was the first bill that Sen. Jon Tester, D-Mont., introduced as a U.S. Senator in 2007. He has introduced it every session since, an aide said.

Tester said it was time to “do right” by the tribe and pass the bill into law.

“That day is now closer than ever for the tribe — long-overdue recognition of their rightful history and tribal sovereignty,” he said in a news release.

The Little Shell tribe has a headquarters in Great Falls and has more than 5,400 members across Montana.

Gerald Gray, Little Shell chair, said he was optimistic it would pass this time.

“This is probably the closest we have ever been, but we are excited about it,” he said, noting the bill still had to clear some hurdles. He said the defense act has passed every year for 50 years.

Sen. Steve Daines, R-Mont., called it “great news” for the tribe.

He said the amendment to the defense bill is known as “the Daines amendment.” He said Sen. Jim Inhofe, R-Oklahoma, the chair of the Senate’s Armed Services Committee, included it in the bill.

An attempt to pass a Little Shell bill failed in December when Sen., Mike Lee, R-Utah, blocked it, saying the Bureau of Indian Affairs in 2009 said the Little Shell failed to meet three of seven categories typically considered to meet tribal recognition.

Officials said Wednesday this is different this time around as the bill was on a consent agenda in which an objection from a single senator can “block” its passage.

This time the bill needs 60 votes to pass, Daines said.

"One Senator can’t stop it this time," he said, calling the bill a bipartisan effort. "This gives us the best shot at getting it passed."

The bill, if passed by the Senate, will be conference with a version of the bill from the House and possibly to the president in July, officials said.

Rep. Greg Gianforte, R-Mont., also introduced legislation that passed in the House.

“This is another important step for the Little Shell tribe in their quest for federal recognition,” Gianforte said in a news release. “After successfully guiding the bill through the House last September, and again in March, I am thankful the Senate is taking up their worthy cause.”

Native American tribes must be recognized as sovereign nations by the federal government to have full self-governance. Recognized tribes can get help for economic development, health care and education, and regulate affairs on tribal lands. The bill also gives the Little Shell 200 acres for a reservation.

The recognition can be granted through congressional legislation, a U.S. Court decision, or through the U.S. Interior Department.

The tribe has been without a recognized homeland since the late 1800s, when Chief Little Shell and his followers in North Dakota broke off treaty negotiations with the U.S. government, according to news reports.

The tribe petitioned the federal government in the 1930s and 1940s for a formal reservation and to be allowed to organize under the Indian Reorganization Act of 1934.

Tribal members later settled in Montana and Canada and are now scattered across the U.S. Northern Plains states and central Canada. Most live in Montana.

The Interior Department gave preliminary approval to recognizing the Little Shell in 2000 but rescinded the move in 2009. The agency denied recognition for the Little Shell again in 2013, according to the Associated Press.

The state of Montana recognized the tribe in 2000. Montana is home to seven Indian reservations and the state-recognized Little Shell tribe of Chippewa Indians.

Daines said he has a tin can on his desk from Gray, with “Little Shell” written on it. He said Gray told him Congress keeps kicking the Little Shell can down the road.

“When we pass this bill, the chair and I will go somewhere in Montana and we will shoot this can,” Daines said.

Gray said he gave a tin can to each member of Montana’s congressional delegation.

“I told them this is to remind you of the Little Shell, we are the ones who keep getting kicked down the road,” he said.

Gray said he was looking forward to the bill passing.

“Oh boy, we are going to have one heck of a celebration in Great Falls,” he said.

Reporter Phil Drake is our eye on the state capitol. For tips, suggestions or comment, he can be reached at 406-231-9021 or pdrake@greatfallstribune.com. To support his work, subscribe today and get a special offer.