FINALLY! At long last, Little Shell get federal recognition

Phil Drake | Great Falls Tribune

President Donald Trump on Friday signed the National Defense Authorization Act, which contained an amendment giving the Little Shell Tribe of Chippewa Indians of Montana the federal recognition it has long coveted.

“There are a lot of tribal members and past council members who I wish were alive to see this day," said Tribal Chairman Gerald Gray. "Now, our future generations don’t have to take this battle up. It’s a big lift off of their shoulders."

Little Shell members said Friday the federal recognition was 157 years in the making.

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The Little Shell, also known as the “Metis,” meaning “middle people” or “mixed blood,” have 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.

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.

Montana's congressional delegation championed the federal recognition for the tribe, having gone through failed attempts in previous years. The action makes the Little Shell the 574th federally recognized tribe in the United States, Gray said.

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.

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 to regulate affairs on tribal lands. The bill also gives the Little Shell 200 acres for a reservation.

The recognition could have been granted through congressional legislation, a U.S. Court decision, or through the U.S. Interior Department.

Tribal members were told on their Facebook page early Friday that the president would sign the bill later in the day.

"Our people's long fight for recognition will end this evening," Gray told members.

"There is much work for Tribal Council to do and I ask for patience as we build our Tribe's infrastructure. As they say, Rome was not built in a day, and it will take time for resources to come on board and decisions to be made," he wrote. He said the tribal council will be meeting over the next few weeks to determine the tribe's initial priorities.

"I am beyond overjoyed that we are finally at this place that so many of our ancestors, family members, and friends have fought to achieve. We have restored the dignity and respect that the Little Shell Tribe deserves," Gray said.

On their website, the Little Shell state that in the mid 1800s the tribe was numbered at several thousand in the Red River-Pembina region. There was no formal enrollment procedure at that time, nor was there a reservation and thus no documented population figure.

In 1892, the federal government created a commission to negotiate the release of Chippewa claims to 9.5 million acres of land in North Dakota and Minnesota in exchange for a payment of $1 million.

The McCumber Treaty (also referred to as the “Ten Cent Treaty”) was rejected by Chief Little Shell, who retreated west with his people to land in Montana and southern Canada. The McCumber Treaty was ratified by Congress in 1904, and excluded any recognition of the Little Shell people and any provision for their support.

“After the 1892 renegotiation of the Treaty of 1863, (the infamous 10 cent treaty) many of the Métis, including the Band of Chippewa under Little Shell, were left without a land base or reservation, and many became nomadic,” the website states.

In 1916, Congress established Rocky Boy’s Reservation for “the landless Indians of Montana." Many of the Little Shell people blended into camps of mixed Native peoples throughout Montana. In the 1930s, the federal government purchased a 40-acre parcel on the northwest perimeter of Great Falls. It was here that the “Hill 57” community of landless Native Americans was established.

Gray said in an earlier interview the bill will help restore the dignity of his tribe "and force the federal government to stop ignoring us."

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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.

It was the first bill that Sen. Jon Tester introduced when he first became a U.S. Senator in 2007. The Montana Democrat said he has introduced it every session since. Sen. Steve Daines and Rep. Greg Gianforte, both Republicans, have sponsored bills as well.

"It has been a challenge for me, but actually it has been a much bigger challenge for the Little Shell," Tester said in a recent interview, noting the tribe's decades of seeking federal recognition and "piles of paperwork."

Daines said Friday will forever be remembered by the Little Shell Tribe and all of Montana.

"After more than a century of perseverance, the Little Shell Tribe is finally federally recognized,” Daines said. “Congratulations to Chairman Gray who has fought this fight with grace and patience. It’s been an honor to work with him over the years to get this done. I thank President Trump for signing this into law, and I look forward to celebrating with the Tribe in Montana.”

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.

Gov. Steve Bullock was joined by Tester and tribal council members Friday afternoon and raised the flag of the Little Shell Tribe at the state Capitol, where it was to fly for 24 hours.

"Today is a monumental day, not just for the Little Shell, but for all of Montana," Bullock said.

Bullock also signed a proclamation noting Friday as the day the tribe was formally recognized by the federal government. Dozens of people attended the signing.

Tester said Dec. 20 is the shortest day of the year, but noted the federal recognition of the tribe capped "one of the longest fights in Montana history."

"This is a big deal," he said. "It's a big deal for a lot of reasons."

He said future generations of the Little Shell will not have to fight this fight anymore.

"It's a great day in Montana," he said.

Tribal councilman Clarence Sivertsen thanked Tester and Bullock, telling them that "without you we couldn't have gotten here."

The Little Shell Tribe has a headquarters at 625 Central Ave. W. in Great Falls and has more than 5,400 members across Montana, but adds it does not have an exact population count. The tribe states it has concentrations of people in Great Falls, Havre, Butte, Billings, Chinook, Hamilton, Hays, Helena, Lewistown and Wolf Point, as well as some other small communities in the state.

An attempt to pass a Little Shell bill failed in December 2018 when Sen. Mike Lee, R-Utah, blocked it, saying the Little Shell failed to meet three of seven categories typically considered to meet tribal recognition.

In the latest effort, officials said this time it was on the consent agenda and an objection from a single senator can’t “block” its passage. It was an amendment on the National Defense Authorization Act (NDAA), a $738 billion defense spending bill which passed the House and the Senate earlier this month before going to the president.

Daines said there was an advantage to having the bill tacked on to a “must-pass piece of legislation.” The Little Shell amendment is known as the “Daines Amendment.” Tester said Sen. Majority Leader Mitch McConnell, R-Ky., told him he would allow it if Daines got first billing, “Look, we’ll get ‘er done. I was all for it.”

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The U.S. House of Representatives passed it on Dec. 11, with a 377-48 vote and the Senate voted 86-8 in favor on Dec. 17.

"The truth is this happened because leader McConnell made it a priority," Tester said Dec. 17. "There were no deals cut here. It is pretty straight up. We didn't give up anything for this ... none of that garbage happened. This is just a straight-out recognition of the Little Shell Tribe -- so, the right thing to do for the right reason and we did it for that and for that alone."

Gianforte, who introduced the bill in the House, said he was "proud to have stood with Chairman Gerald Gray and the Little Shell people who have worked hard to get here. Now their overdue federal recognition is one step away from becoming reality.”

Daines said he has a tin can on his desk from Gray, with “Little Shell” written on it. He said Gray, who gave similar cans to Montana’s other two congressional delegation members, told him Congress keeps kicking the Little Shell can down the road.

Daines said he made it a top priority to help get federal recognition across the finish line.

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

Dave Beck, professor of Native American studies at the University of Montana, said in an earlier interview the recognition is long overdue.

He said some fear that if the tribe is recognized it will establish a casino and go for casino money.

“That issue is really complicated right now,” Beck said.

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The site for the 200 acres included in the bill has not been announced. Gray has said in previous interviews that he could see a health clinic, a cultural center with educational programs for youth and perhaps some vocational training at that location.

Most recently, the Little Shell has asked the U.S. Army Corps of Engineers to let it have a 30-year lease to operate the 337-acre Hell Creek Recreation Area in Garfield County once the property becomes available in 2021.The request is not related to the federal recognition, Gray said.

The state now leases the park, which is 25 miles north of Jordan, from U.S. Army Corps of Engineers, and the lease expires in 2021. The state has said it wants to renew its lease.

The Little Shell federal recognition trickled down to the city level recently. Great Falls City Commissioner Bill Bronson stepped down Tuesday night, ending 12 years on the board. He told fellow commissioners they could greatly honor him if they put up the flag of the Little Shell Tribe in the Commission chambers once it is federally recognized.

Mayor Bob Kelly said Friday the city has recognized the Little Shell for years.

"I’m excited the federal government is finally getting on board," he said. "We look forward to helping them celebrate in any way that they choose to. We hope the Little Shell will see fit to bring their flag to the City Commissioner Chambers for all to see.”

Staff Writer David Murray contributed to this story. Reporter Phil Drake can be reached at 406-231-9021 or pdrake@greatfallstribune.com. Nora Mabie is at nmabie@greatfallstribune.com. To support their work, subscribe today and get a special offer.

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See for yourself

For a history on the Little Shell Chippewa Tribe, read “The Whole Country was . . . ‘One Robe’” by Nicholas Vrooman, historian and the state’s second folklorist. Vrooman, 69, died June 26. The Little Shell paid tribute to him on their Facebook page: "This week the tribe lost a truly valuable team member, historian, and great friend. Nicholas Vrooman will be dearly missed by the Little Shell Tribe and its members."