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.
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.
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