[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[House]
[Pages H10804-H10806]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF THE
OTTAWA AND CHIPPEWA INDIANS
Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendments numbered 1 through 60, 62 and 63, and disagree to
the Senate amendment numbered 61 to the bill (H.R. 1604) to provide for
the division, use, and distribution of judgment funds of the Ottawa and
Chippewa Indians of Michigan pursuant to dockets numbered 18-E, 58, 364
and 18-R before the Indian Claims Commission.
The Clerk read as follows:
Senate amendments:
Page 2, before line 1 insert:
TITLE I--DIVISION, USE, AND DISTRIBUTION OF JUDGMENT FUNDS OF THE
OTTAWA AND CHIPPEWA INDIANS OF MICHIGAN
Page 2, line 1, strike out ``SECTION 1'' and insert ``SEC.
101''.
Page 2, line 2, strike out ``Act'' and insert ``title''.
Page 2, line 3, strike out ``2'' and insert ``102''.
Page 2, line 9, strike out ``Tribe'' and insert ``Band''.
Page 3, line 9, strike out ``Act'' and insert ``title''.
Page 3, line 14, strike out ``3'' and insert ``103''.
Page 3, line 15, strike out ``Act'' and insert ``title''.
Page 4, line 13, strike out ``6'' and insert ``106''.
Page 4, line 16, strike out ``4'' and insert ``104''.
Page 4, line 23, strike out ``10'' and insert ``110''.
Page 6, line 13, strike out ``10'' and insert ``110''.
Page 7, line 23, strike out ``Act'' and insert ``title''.
Page 7, line 24, strike out ``10'' and insert ``110''.
Page 8, line 3, strike out ``5'' and insert ``105''.
Page 8, line 9, strike out ``4'' and insert ``104''.
Page 8, line 13, strike out ``7'' and insert ``107''.
Page 8, line 15, strike out ``4'' and insert ``104''.
[[Page H10805]]
Page 8, line 20, strike out ``7'' and insert ``107''.
Page 8, line 21, strike out ``8'' and insert ``108''.
Page 8, line 23, strike out ``4'' and insert ``104''.
Page 9, line 4, strike out ``8'' and insert ``108''.
Page 9, line 5, strike out ``9'' and insert ``109''.
Page 9, line 7, strike out ``4'' and insert ``104''.
Page 9, line 12, strike out ``9'' and insert ``109''.
Page 9, line 14, strike out ``Act'' and insert ``title''.
Page 10, line 4, strike out ``3(b)'' and insert ``103(b)''.
Page 10, line 8, strike out ``3(b)'' and insert ``103(b)''.
Page 10, line 21, strike out ``3(b)'' and insert
``103(b)''.
Page 11, line 2, strike out ``3(b)'' and insert ``103(b)''.
Page 11, line 8, strike out ``3(b)'' and insert ``103(b)''.
Page 11, line 11, strike out ``Act'' and insert ``title''.
Page 11, line 13, strike out ``5'' and insert ``105''.
Page 11, line 17, strike out ``3'' and insert ``103''.
Page 11, line 17, strike out ``4'' and insert ``104''.
Page 11, line 23, strike out ``Act'' and insert ``title''.
Page 11, line 23, strike out ``4'' and insert ``104''.
Page 12, line 1, strike out ``6'' and insert ``106''.
Page 12, line 16, strike out ``4'' and insert ``104''.
Page 13, line 7, strike out ``10'' and insert ``110''.
Page 15, line 5, strike out ``10'' and insert ``110''.
Page 15, line 10, strike out ``4'' and insert ``104''.
Page 15, line 14, strike out ``Act'' and insert ``title''.
Page 15, line 17, strike out ``Act'' and insert ``title''.
Page 15, line 23, strike out ``Act'' and insert ``title''.
Page 16, line 3, strike out ``7'' and insert ``107''.
Page 16, line 10, strike out ``Act'' and insert ``title''.
Page 17, line 25, strike out ``Act'' and insert ``title''.
Page 22, line 12, strike out ``8'' and insert ``108''.
Page 25, line 14, strike out ``4'' and insert ``104''.
Page 26, line 3, strike out ``9'' and insert ``109''.
Page 26, line 10, strike out ``4'' and insert ``104''.
Page 30, line 19, strike out ``10'' and insert ``110''.
Page 31, line 21, strike out ``4(a)(1)'' and insert
``104(a)(1)''.
Page 31, line 23, strike out ``4(a)(1)'' and insert
``104(a)(1)''.
Page 32, line 7, strike out ``6'' and insert ``106''.
Page 32, line 15, strike out ``Act'' and insert ``title''.
Page 33, line 15, strike out ``6'' and insert ``106''.
Page 33, line 19, strike out ``6'' and insert ``106''.
Page 34, line 14, strike out ``6'' and insert ``106''.
Page 34, strike out all after line 14 down to and including
``eligibility'' in line 17 and insert:
SEC. 111. TREATMENT OF FUNDS IN RELATION TO OTHER LAWS.
(A) Applicability of Public Law 93-134.--All funds
distributed under this Act or any plan approved in accordance
with this Act, including interest and investment income that
accrues on those funds before or while those funds are held
in trust, shall be subject to section 7 of Public Law 93-134
(87 Stat. 468).
(b) Treatment of Funds With Respect to Certain Federal
Assistance.--The eligibility
Page 35, line 4, strike out ``12'' and insert ``112''.
Page 35, after line 9 insert:
TITLE II--LIMITATION ON HEALTH CARE CONTRACTS AND COMPACTS FOR THE
KETCHIKAN GATEWAY BOROUGH
SEC. 201. FINDINGS.
Congress finds that--
(1) the execution of more than 1 contract or compact
between an Alaska native village or regional or village
corporation in the Ketchikan Gateway borough and the
Secretary to provide for health care services in an area with
a small population leads to duplicative and wasteful
administrative costs; and
(2) incurring the wasteful costs referred to in paragraph
(1) leads to decrease in the quality of health care that is
provided to Alaska Natives in an affected area.
SEC. 202. DEFINITIONS.
In this title:
(1) Alaska native.--The term ``Alaska Native'' has the
meaning given the term ``Native'' in section 3(b) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)).
(2) Alaska native village or regional or village
corporation.--The term ``Alaska native village or regional or
village corporation'' means an Alaska native village or
regional or village corporation defined in, or established
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)
(3) Contract; compact.--The terms ``contract'' and
``compact'' mean a self-determination contract and a self-
governance compact as these terms are defined in the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 203. LIMITATION.
(a) In General.--The Secretary shall take such action as
may be necessary to ensure that, in considering a renewal of
a contract or compact, or signing of a new contract or
compact for the provision of health care services in the
Ketchikan Gateway Borough, there will be only one contract or
compact in effect.
(b) Consideration.--In any case in which the Secretary,
acting through the Director of the Indian Health Service, is
required to select from more than 1 application for a
contract or compact described in subsection (a), in awarding
the contract or compact, the Secretary shall take into
consideration--
(1) the ability and experience of the applicant;
(2) the potential for the applicant to acquire and develop
the necessary ability; and
(3) the potential for growth in the health care needs of
the covered borough.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland [Mr. Gilchrest] and the gentleman from Michigan [Mr. Kildee]
each will control 20 minutes.
The Chair recognizes the gentleman from Maryland [Mr. Gilchrest].
Mr. GILCHREST. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, H.R. 1604 by my colleague on the Committee on
Resources, the gentleman from Michigan [Mr. Kildee], would provide for
the division, use, and distribution of judgment funds of the Ottawa and
Chippewa Indians of Michigan pursuant to the four Indian Claims
Commission dockets. These funds were appropriated by Congress years ago
and have been held by the Department of the Interior for the
beneficiaries.
The funds would be divided according to a formula included in H.R.
1604 which the gentleman from Michigan [Mr. Kildee] helped work out
over the course of many years, and I am very grateful to him for doing
that. I am sure the native Americans are very grateful to him for doing
that. The funds would be divided according to a formula included in
H.R. 1604 between individuals on a judgment distribution roll of
descendents, to be created by the Secretary of Interior, and five
Michigan tribes.
Madam Speaker, the House passed H.R. 1604 on November 4. Since then,
the other body has amended our bill and has sent it back to us for
another vote. The amendments will solve a problem relative to providing
certain Federal services to Alaskan Natives. The added language would
limit the number of contracts and compacts for providing certain Indian
services to not more than one native entity in any bureau where there
are less than 50,000 people.
The intent is to ensure that there is only one Alaskan Native
provider in those areas of Alaska which do not require more than one
provider. It would save taxpayers money, and it makes sense from an
administrative point of view.
One amendment to the bill is unacceptable and will be stricken from
the bill and returned to the other body for concurrence.
I support H.R. 1604, I highly recommend its passage, and I also thank
the gentleman from Michigan [Mr. Kildee] for his diligent work over the
years on this issue
Madam Speaker, I reserve the balance of my time.
Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
(Mr. KILDEE asked and was given permission to revise and extend his
remarks.)
Mr. KILDEE. Madam Speaker, I appreciate the kind words of the
gentleman from Maryland [Mr. Gilchrest].
Madam Speaker, today the U.S. Congress will take a historic step in
bringing about long awaited justice for the Chippewa and Ottawa Nations
of Michigan. The legislation before us now will provide a monetary
compensation for 12 million acres of land ceded by these tribes over
160 years ago.
My father taught me long ago about the tremendous injustice done to
the Indian tribes in Michigan. For so many years, Madam Speaker, our
Government ignored and broke its many treaties with the native
Americans. It is
[[Page H10806]]
part of our history that we can never erase, but it is important that
we learn from it.
{time} 1315
I have learned that we must respect the sovereignty of the Indian
Nations and that we must treat them with respect on a government-to-
government relationship. The legislation we are about to pass respects
that sovereignty and upholds our treaty obligations.
I want to thank the gentleman from Alaska [Mr. Young], the gentleman
from California [Mr. Miller], the gentleman from Maryland [Mr.
Gilchrest] and the gentleman from New Jersey [Mr. Saxton] for helping
getting this bill passed. I also want to thank Senators Inouye,
Campbell, Abraham, and Levin for all their work as well. This is a
great day for the U.S. Congress and the great Chippewa and Ottawa
Indian Nations of Michigan. I urge my colleagues to support this bill.
Madam Speaker, I yield 2 minutes to the gentleman from Michigan [Mr.
Stupak].
Mr. STUPAK. Madam Speaker, I thank the gentleman for yielding me
time. I thank the gentleman for his work on this legislation.
Madam Speaker, I rise today in strong support of H.R. 1604, a bill to
distribute judgment funds to the Ottawa and Chippewa Indians. Over 25
years ago, the Federal Government agreed to pay $10 million as
settlement for underpaying American Indians for the land which makes up
most of northern Michigan, the majority of which is in my district.
After years of disagreement on how the money is to be distributed, a
negotiated compromise has been reached. H.R. 1604 codifies this
agreement and distributes the long-overdue money. The money that will
be distributed by this bill has already been appropriated by Congress
way back in 1971, so this is not a new appropriation. Instead, the bill
merely releases money that has remained in an account with the Bureau
of Indian Affairs for the past 25 years.
Madam Speaker, the passage of H.R. 1604 will close this chapter of
what is a long record of mistreatment of American Indians by the
Federal Government. This justice is long overdue, and this bill is long
overdue. I urge my colleagues to pass this important legislation.
Madam Speaker, let me thank the leadership on both sides for working
so closely with us, and the gentleman from Michigan [Mr. Kildee] for
his leadership in bringing this bill to the floor. It has been to the
Senate, and we have reached compromise. Let us finally do this and get
this over with after 25 years.
Mr. MILLER of California. Mr. Speaker, this is the second time that
the House has been asked to consider this bill. This time we are being
asked to pass this bill because the Senate has made three amendments to
what was already a good bill.
The underlying bill, which was sponsored by Congressman Kildee,
authorizes the distribution of judgment funds awarded to several Ottawa
and Chippewa tribes in Michigan. This bill was necessary as
congressional action is required and these tribes have been awaiting
this award ever since 1971. There was some question of the fairness of
the distribution scheme between the recognized and nonrecognized tribes
but that situation has been amicably resolved and made part of the
underlying legislation.
The Senate, however, has made three additional changes. The first
changes a reference in the bill from the word ``tribe'' to ``band''.
The second adds a reference to 25 U.S.C. 1407 which states that Indian
judgment fund awards are not taxable. We are deleting this amendment as
it falls within the jurisdiction of the Ways and Means Committee.
But it is the third amendment that is troubling. The third amendment
will prevent the Indian Health Service from entering into a separate
Indian Self-Determination Act contract--a 638 contract--with the
Ketchikan Indian Corp. at the same time that it also has a regional 638
contract with the Southeast Alaska Regional Health Corporation, a
consortium of Southeast tribes that KIC once belonged to.
The purpose of this amendment is to prevent the waste of limited IHS
funds through duplicative services at a nearby clinic run by KIC. While
the IHS should not waste its limited resources, I am concerned that
this provision further undercuts the Indian Self-Determination Act.
Unfortunately the rights of Alaska Native villages have already been
affected by the fiscal year 1998 Interior appropriations bill.
Specifically, section 326 of that bill prohibited the IHS from entering
into a separate 638 contract with an individual Alaska Native village
when that village is located in a region already served by a regional
638 contractor.
But this provision takes away the specific right of a Native entity
under the Indian Self-Determination Act, namely, the right of KIC to
decide for itself whether it wants to provide health care services to
its members on its own pursuant to a 638 contract. Some choose to
continue to receive health care services directly from IHS, others
choose to execute their own 638 contracts, and yet others still join
with neighboring tribes and villages into a regional consortium that
has its own 638 contract with the IHS.
I believe that there are already safeguards in the Indian Self-
Determination Act that protect against wasteful or duplicative 638
contracts. The act clearly gives the Secretary of Health and Human
Services the right to decline a contract request when that is the case.
In my view, Congress should not excise or restrict parts of the
Indian Self-Determination Act simply because some Members do not agree
with the administration on one contract. The act, which may be the most
important piece of Indian legislation this Congress has passed in a
generation, is simply too important to be changed in this manner. If
there is a problem with the act, then let's hold hearings and respect
the rights of the affected parties.
Mr. KILDEE. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. GILCHREST. Madam Speaker, I have no further requests for time,
and I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion
offered by the gentleman from Maryland [Mr. Gilchrest] that the House
suspend the rules and concur in Senate amendments 1 through 60, 62 and
63, and disagree to Senate amendment 61 to the bill, H.R. 1604.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and Senate amendments 1 through 60,
62 and 63 were concurred in, and Senate amendment 61 was disagreed to.
A motion to reconsider was laid on the table.
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