[Congressional Record Volume 158, Number 92 (Monday, June 18, 2012)]
[House]
[Pages H3723-H3725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MINNESOTA CHIPPEWA TRIBE JUDGMENT FUND DISTRIBUTION ACT OF 2012
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1272) to provide for the use and distribution of
the funds awarded to the Minnesota Chippewa Tribe, et al., by the
United States Court of Federal Claims in Docket Numbers 19 and 188, and
for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1272
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minnesota Chippewa Tribe
Judgment Fund Distribution Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 22, 1948, the Minnesota Chippewa Tribe,
representing all Chippewa bands in Minnesota except the Red
Lake Band, filed a claim before the Indian Claims Commission
in Docket No. 19 for an accounting of all funds received and
expended pursuant to the Act of January 14, 1889, 25 Stat.
642, and amendatory acts (hereinafter referred to as the
Nelson Act).
(2) On August 2, 1951, the Minnesota Chippewa Tribe,
representing all Chippewa bands in Minnesota except the Red
Lake Band, filed a number of claims before the Indian Claims
Commission in Docket No. 188 for an accounting of the
Government's obligation to each of the member bands of the
Minnesota Chippewa Tribe under various statutes and treaties
that are not covered by the Nelson Act of January 14, 1889.
(3) On May 17, 1999, a Joint Motion for Findings in Aid of
Settlement of the claims in Docket No. 19 and 188 was filed
before the Court.
(4) The terms of the settlement were approved by the Court
and the final judgment was entered on May 26, 1999.
(5) On June 22, 1999, $20,000,000 was transferred to the
Department of the Interior and deposited into a trust fund
account established for the beneficiaries of the funds
awarded in Docket No. 19 and 188.
(6) Pursuant to the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), Congress must act
to authorize the use or distribution of the judgment funds.
(7) On October 1, 2009, the Minnesota Chippewa Tribal
Executive Committee passed Resolution 146 09, approving a
plan to distribute the judgment funds and requesting that the
United States Congress act to distribute the judgment funds
in the manner described by the plan.
SEC. 3. DEFINITIONS.
For the purpose of this Act:
(1) Available funds.--The term ``available funds'' means
the funds awarded to the Minnesota Chippewa Tribe and
interest earned and received on those funds, less the funds
used for payments authorized under section 4.
(2) Bands.--The term ``Bands'' means the Bois Forte Band,
Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille
Lacs Band, and White Earth Band.
(3) Judgment funds.--The term ``judgment funds'' means the
funds awarded on May 26, 1999, to the Minnesota Chippewa
Tribe by the Court of Federal Claims in Docket No. 19 and
188.
(4) Minnesota chippewa tribe.--The term ``Minnesota
Chippewa Tribe'' means the Minnesota Chippewa Tribe,
Minnesota, composed of the Bois Forte Band, Fond du Lac Band,
Grand Portage Band, Leech Lake Band, Mille Lacs Band, and
White Earth Band. It does not include Red Lake Band of
Chippewa Indians, Minnesota.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE.
(a) In General.--The Secretary is authorized to reimburse
the Minnesota Chippewa Tribe the amount of funds, plus
interest earned to the date of reimbursement, that the
Minnesota Chippewa Tribe contributed for payment of
attorneys' fees and litigation expenses associated with the
litigation of Docket No. 19 and 188 before the U.S. Court of
Federal Claims and the distribution of judgment funds.
(b) Claims.--The Minnesota Chippewa Tribe's claim for
reimbursement of funds expended shall be--
(1) presented to the Secretary not later than 90 days after
the date of enactment of this Act;
(2) certified by the Minnesota Chippewa Tribe as being
unreimbursed to the Minnesota Chippewa Tribe from other
funding sources;
(3) paid with interest calculated at the rate of 6.0
percent per annum, simple interest, from the date the funds
were expended to the date the funds are reimbursed to the
Minnesota Chippewa Tribe; and
(4) paid from the judgment funds prior to the division of
the funds under section 5.
SEC. 5. DIVISION OF JUDGMENT FUNDS.
(a) Membership Rolls.--Not later than 90 days after the
date of the enactment of this Act, the Minnesota Chippewa
Tribe shall submit to the Secretary updated membership rolls
for each Band, which shall include all enrolled members the
date of the enactment of this Act.
(b) Divisions.--After all funds have been reimbursed under
section 4, and the membership rolls have been updated under
subsection (a), the Secretary shall--
(1) set aside for each Band a portion of the available
judgment funds equivalent to $300 for each member enrolled
within each Band; and
(2) after the funds are set aside in accordance with
paragraph (1), divide 100 percent of the remaining funds into
equal shares for each Band.
(c) Separate Accounts.--The Secretary shall--
(1) deposit all funds described in subsection (b)(1) into a
``Per Capita'' account for each Band; and
(2) deposit all funds described in subsection (b)(2) into
an ``Equal Shares'' account for each Band.
(d) Withdrawal of Funds.--After the Secretary deposits the
available funds into the accounts described in subsection
(c), a Band may withdraw all or part of the monies in its
account.
(e) Disbursement of Per Capita Payments.--All funds
described in subsection (b)(1) shall be used by each Band
only for the purposes of distributing one $300 payment to
each individual member of the Band. Each Band may--
[[Page H3724]]
(1) distribute the $300 payment to the parents or legal
guardians on behalf of each dependent Band member instead of
distributing such $300 payment to the dependent Band member;
or
(2) deposit into a trust account the $300 payment to each
dependent Band member for the benefit of such dependent Band
member, to be distributed under the terms of such trust.
(f) Distribution of Unclaimed Payments.--One year after the
funds described in subsection (b)(1) are made available to
the Bands, all unclaimed payments described in subsection (e)
shall be returned to the Secretary, who shall divide these
funds into equal shares for each Band, and deposit the
divided shares into the accounts described in subsection
(c)(2) for the use of each Band.
(g) Liability.--If a Band exercises the right to withdraw
monies from its accounts, the Secretary shall not retain
liability for the expenditure or investment of the monies
after each withdrawal.
SEC. 6. GENERAL PROVISIONS.
(a) Previous Obligations.--Funds disbursed under this Act
shall not be liable for the payment of previously contracted
obligations of any recipient as provided in Public Law 98 64
(25 U.S.C. 117b(a)).
(b) Indian Judgment Funds Distribution Act.--All funds
distributed under this Act are subject to the provisions in
the Indian Judgment Funds Distribution Act (25 U.S.C. 1407).
The SPEAKER pro tempore (Mr. Amash). Pursuant to the rule, the
gentleman from Alaska (Mr. Young) and the gentleman from New Mexico
(Mr. Lujan) each will control 20 minutes.
The Chair recognizes the gentleman from Alaska.
General Leave
Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alaska?
There was no objection.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
In 1999, the United States Court of Federal Claims awarded a $20
million settlement to the Minnesota Chippewa Tribe, pursuant to the
Nelson Act and various treaties that are not covered by the Nelson Act,
for various accounting obligations of the Federal Government. These
funds have been held in trust and have not been disbursed. H.R. 1272
authorizes the Secretary of the Interior to disburse the balance held
in trust to the Minnesota Chippewa Tribe.
I would like to thank Congressman Chip Cravaack and the sponsor of
this bill, Congressman Collin Peterson, for working with the Minnesota
Chippewa Tribe and for getting this bill to the floor.
I urge the adoption of the measure, and I reserve the balance of my
time.
Mr. LUJAN. Mr. Speaker, I yield such time as he may consume to the
author of the legislation, the ranking member of the Agriculture
Committee, the gentleman from Minnesota (Mr. Peterson).
Mr. PETERSON. I thank the gentleman.
Mr. Speaker, I rise today in support of H.R. 1272, the Minnesota
Chippewa Tribe Judgment Fund Distribution Act.
Thirteen years ago, the United States Court of Federal Claims awarded
and appropriated $20 million to the Minnesota Chippewa Tribe. This
settlement appropriation was to compensate the descendents of the
Chippewa Indians of Minnesota for the improper valuation of timber and
the taking of land under the Nelson Act of 1889. Now, because of the
Indian Judgment Fund Act of 1983, Congress must pass legislation
detailing how the settlement should be distributed amongst the six
bands that make up the Minnesota Chippewa Tribe.
The Minnesota Chippewa Tribe Judgment Fund Distribution Act, H.R.
1272, authorizes the Secretary of the Interior to release the funds,
plus interest that has been earned, that were appropriated into the
trust fund for the Minnesota tribe in 1999. Being the expenses for
prosecuting the Minnesota Chippewa Tribe claims were shared equally by
all the bands, these expenses should be expended equally from the fund.
H.R. 1272 requires that each of the six bands provide the Secretary
with updated membership rolls. It directs the Secretary to set aside
$300 to each member enrolled and to divide the remaining funds into
equal shares for each band.
It is important to note that the CBO has concluded that H.R. 1272
does not need an appropriation and that it has no budgetary impact
because the $20 million settlement proceeds were appropriated and paid
to the Minnesota Chippewa Tribe in 1999. They've been there since 1999.
So I think it is high time that this settlement is finally
distributed and put to work within these communities. The sooner we
resolve this issue, the sooner these funds can be released and go to
work within these economically depressed areas. There is a great need
on these reservations for things like schools, health care facilities,
and other infrastructure improvements.
I want to alert everybody that this is not unanimous. Five of the six
tribes support this. This has been going on for 13 years, but this is
as good as we can do. We don't want the perfect to be the enemy of the
good, and it's time that we got this settled. I think it makes no sense
for anybody to draw hard-line positions on this. Judging from
experience, no hard-line position has ever succeeded, so it's time for
everybody to come together and find an agreement that maybe not
everybody loves but that everybody can benefit from.
That is what H.R. 1272 is. We encourage the adoption of the bill. Our
folks back home would really appreciate getting this settled and
letting these funds go to work on their reservations.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 3 minutes to the gentleman
from Minnesota (Mr. Cravaack), the author of the bill.
Mr. CRAVAACK. I thank my good friend from Alaska for yielding.
Mr. Speaker, I rise today in support of H.R. 1272, the Minnesota
Chippewa Tribe Judgment Fund Distribution Act of 2012, of which I am an
original cosponsor.
I represent five of the six bands that constitute the Minnesota
Chippewa Tribe, which is a sovereign, federally recognized tribal
entity and the sole plaintiff in the litigation whose settlement gives
rise to this legislation.
{time} 1910
The five bands that reside in my district are: Bois Forte, Grand
Portage, Mille Lacs, Leech Lake, and Fond Du Lac.
I've met with the representatives from all five bands on a number of
occasions in the 112th Congress, and they've all made it very clear to
me that it is more than past time to bring resolution to this
longstanding issue. I agree.
The Minnesota Chippewa Tribe entered into a $20 million legal
settlement with the United States Government in 1999 to compensate for
damages stemming from the improper taking of land and valuation of
timber under the Nelson Act of 1889.
These settlement funds have been sitting in a Department of the
Interior trust fund ever since and with interest have grown to about
$28 million. That money now belongs to the Minnesota Chippewa Tribe.
The United States' only role in this has been to temporarily hold it in
trust for them until it can be distributed. Thus I've joined with my
fellow Minnesota Representatives, Mr. Peterson and Mr. Paulsen, in
cosponsoring the legislation before you today.
This legislation puts forth a disbursement formula which reflects and
honors the formula decided democratically by the governing body of the
Minnesota Chippewa Tribe, known as the Tribal Executive Committee. This
formula voted for and passed by the committee supports a per capita
apportionment of $300 each to each member, followed by a six-way split
for the remaining settlement funds. Importantly, H.R. 1272 will
distribute the settlement funds according to the formula that has been
determined by the CBO to have no budgetary impact.
It is always difficult to craft a compromise between such varied and
competing interests. However, the compromise represented in this bill
respects the decision of the governing body of the entity that brought
forth the claim on behalf of all six bands, and the U.S. Court of
Federal Claims recognizes as having the constitutional authority to
enter into a proposed settlement on behalf of all six bands. All six
bands shared equally in the expense of the risk of prosecuting the
case, and the tribal executive committee provided the six bands an
equal opportunity to vote on how the judgment funds should be
distributed.
[[Page H3725]]
The release of the $28 million to the members of the Chippewa Tribe
will have positive implications far beyond just righting a past wrong.
This money will flow directly into the hands of the bands and their
members, sparking much needed consumer activity and, hopefully,
investment in the reservations in northern Minnesota. This will benefit
the entire region.
H.R. 1272 is the solution that must be enacted in order to fulfill
the U.S. Government's legal obligations, conclude its litigation with
the Minnesota Chippewa Tribe, and release over $28 million in
settlement funds in a fair and expeditious manner. Thus, I am hopeful
that my colleagues will join me in support of the bill that brings
resolution to this longstanding issue.
Mr. LUJAN. If my friend doesn't have any other speakers, I yield back
the balance of my time.
Mr. YOUNG of Alaska. I have no further speakers.
Mr. Speaker, I urge passage of this legislation.
And I misspoke a moment ago. Congressman Collin Peterson has been
fighting this battle for years and years, and I'm glad to finally see
that he has succeeded. He is the prime sponsor of this legislation,
along with Mr. Cravaack and Mr. Paulsen. So we're on the right track.
And I want to congratulate you. Perseverance overcomes many things, and
you persevered this time.
With that, I yield back the balance of my time, and I urge the
passage of this legislation.
Ms. RICHARDSON. Mr. Speaker, I rise today in support of H.R. 1272,
Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2012. As a
Member of the Native American Caucus, I have worked with my colleagues
in Congress to address the needs of Native Americans.
This legislation authorizes the Secretary of the Interior to
reimburse the Minnesota Chippewa Tribe for the amount, plus interest,
that the Tribe contributed for the payment of attorneys' fees and
litigation expenses associated with the litigation of Docket No. 19 and
No. 188 before the U.S. Court of Federal Claims and the distribution of
judgment funds.
This legislation before us today is not a handout, but a guarantee
that directs the fair distribution of funds to a claim awarded to
Native Americans by the United States Court of Federal Claims; these
funds have been held in trust since June 22, 1999.
Mr. Speaker, by today's end four Native American bills will have
passed. I hope that these are not the last. While we can't undo the
damage that the Federal Government inflicted on black farmers and
Native Americans, today we will help compensate them for their losses
and ensure that this never happens again. I urge my colleagues to
continue supporting Native Americans.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Alaska (Mr. Young) that the House suspend the rules and
pass the bill, H.R. 1272, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________