On the recordDecember 20, 2018
in reserving the right to object, Tribal recognition is a very serious matter. It is not one that should be undertaken lightly. Given the sacred nature of Tribal recognition and the significant impact it has both on the Tribe in question and on the U.S. Government, as well as on surrounding communities, we have an orderly process by which this needs to be done. In 2009, the Bureau of Indian Affairs, having considered the argument by the Little Shell, concluded it had failed to meet three of the seven categories that are typically considered for Tribal recognition, and on that basis, the Bureau turned down its application. It has been suggested that there is still an appeal pending--a challenge to that finding--by the Little Shell. I am not aware of any legal analysis suggesting that the Bureau of Indian Affairs got it wrong. This is not to say that Congress cannot or should not or could not decide on its own to recognize it. Yes, this is a power that Congress has. Yet, as I see it, those seven criteria ought to be considered and considered carefully. I am aware of no legal analysis indicating that the conclusion by the Bureau of Indian Affairs in 2009 was inadequate or flawed. For that reason, I object. The PRESIDING OFFICER. Objection is heard. The Senator from Montana.





