[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.

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