[Congressional Record Volume 160, Number 140 (Monday, November 17, 2014)]
[House]
[Pages H8017-H8019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1915
              GRAND PORTAGE BAND PER CAPITA ADJUSTMENT ACT

  Mr. LABRADOR. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3608) to amend the Act of October 19, 1973, concerning 
taxable income to members of the Grand Portage Band of Lake Superior 
Chippewa Indians.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3608

       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 ``Grand Portage Band Per 
     Capita Adjustment Act''.

     SEC. 2. EQUAL TREATMENT OF CERTAIN PER CAPITA INCOME FOR 
                   PURPOSES OF FEDERAL ASSISTANCE.

       Paragraph (4) of section 7 of the Act of October 19, 1973 
     (25 U.S.C. 1407(4)) is amended by striking ``pursuant to the 
     agreements of such Band'' and inserting ``or the Grand 
     Portage Band of Lake Superior Chippewa Indians, or both, 
     pursuant to the agreements of each Band''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Idaho (Mr. Labrador) and the gentleman from Minnesota (Mr. Nolan) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Idaho.

[[Page H8018]]

                             General Leave

  Mr. LABRADOR. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend remarks and include 
extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Idaho?
  There was no objection.
  Mr. LABRADOR. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 3608 would protect certain funds paid by the State of Minnesota 
and held by the United States in trust for the Grand Portage Band of 
Lake Superior Chippewa Indians from Federal and State taxation. Under 
the bill, the tribe may distribute these funds to its members, and 
these payments won't be counted against the members' eligibility for 
Federal financial assistance as long as each payment does not exceed 
$2,000.
  The payments made by the State stem from a 1988 settlement in which 
two Minnesota Chippewa tribes agreed to forgo the exercise of certain 
treaty hunting and fishing rights. In 1999, legislation was introduced 
to protect these State settlement payments from taxation. However, by 
the time the bill was enacted into Public Law 106-568, only one of the 
two tribes was granted the tax relief.
  The Subcommittee on Indian and Alaska Native Affairs held a hearing 
on H.R. 3608. Neither the hearing nor a staff review of the legislative 
history for Public Law 106-568 reveals any explanation for the 
exclusion of the Grand Portage Band from the tax relief granted to its 
sister tribe. Principles of fairness and equity suggest that both bands 
of Minnesota Chippewa be accorded equal treatment. H.R. 3608 
accordingly amends the applicable statute to provide the Grand Portage 
Band the same tax benefits.
  The Committee on Natural Resources ordered H.R. 3608 reported by 
unanimous consent, and Chairman Camp of the Ways and Means Committee 
and Chairman Goodlatte of the Judiciary Committee have graciously 
agreed by letter to expedite consideration of this bill by not 
exercising their jurisdiction. As always, we appreciate their 
cooperation.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                                   Committee on the Judiciary,

                                 Washington, DC, November 5, 2014.
     Hon. Doc Hastings,
     Chairman, Committee on Natural Resources, Longworth House 
         Office Building, Washington, DC.
       Dear Chairman Hastings: I am writing with respect to H.R. 
     3608, the ``Grand Portage Band Per Capita Adjustment Act,'' 
     which the Committee on Natural Resources reported favorably 
     on September 18, 2014. As a result of your having consulted 
     with us on provisions in H.R. 3608 that fall within the Rule 
     X jurisdiction of the Committee on the Judiciary, I agree to 
     discharge our Committee from further consideration of this 
     bill so that it may proceed expeditiously to the House floor 
     for consideration.
       The Judiciary Committee takes this action without mutual 
     understanding that by foregoing consideration of H.R. 3608 at 
     this time, we do not waive any jurisdiction over the subject 
     matter contained in this or similar legislation, and that our 
     Committee will be appropriately consulted and involved as the 
     bill or similar legislation moves forward so that we may 
     address any remaining issues in our jurisdiction. Our 
     Committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation, and asks 
     that you support any such request.
       I would appreciate a response to this letter confirming 
     this understanding with respect to H.R. 3608, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during Floor 
     consideration of H.R. 3608.
           Sincerely,
                                                    Bob Goodlatte,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Natural Resources,

                                Washington, DC, November 13, 2014.
     Hon. Bob Goodlatte,
     Chairman, Committee on Judiciary, Rayburn HOB, Washington, 
         DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     3608, the Grand Portage Band Per Capita Adjustment Act. As 
     you know, the Committee on Natural Resources ordered reported 
     the bill on September 18, 2014. I appreciate your support in 
     bringing this legislation before the House of 
     Representatives, and accordingly, understand that the 
     Committee on the Judiciary will forego action on the bill.
       The Committee on Natural Resources concurs with the mutual 
     understanding that by foregoing consideration of H.R. 3608 at 
     this time, the Committee on the Judiciary does not waive any 
     jurisdiction over the subject matter contained in this or 
     similar legislation. In addition, should a conference on the 
     bill be necessary, I would support your request to have the 
     Committee on the Judiciary represented on the conference 
     committee. Finally, I would be pleased to include your letter 
     and this response in the bill report filed by the Committee 
     on Natural Resources, as well as in the Congressional Record 
     during floor consideration, to memorialize our understanding.
       Thank you for your cooperation.
           Sincerely,
                                                     Doc Hastings,
     Chairman.
                                  ____

                                         House of Representatives,


                                  Committee on Ways and Means,

                                Washington, DC, November 17, 2014.
     Hon. Doc Hastings,
     Chairman, Committee on Natural Resources, Longworth House 
         Office Building, Washington, DC.
       Dear Chairman Hastings: I am writing concerning H.R. 3608, 
     the ``Grand Portage Band Per Capita Adjustment Act,'' which 
     was reported by the Committee on Natural Resources on 
     September 18, 2014 and is scheduled for floor consideration 
     today.
       The Committee on Ways and Means received an additional 
     referral on this bill given its impact on federal income 
     taxation and subsequent calculation of benefits under Social 
     Security, which are within the Committee on Ways and Means' 
     Rule X jurisdiction. However, in order to expedite this 
     legislation for floor consideration, the Committee will forgo 
     action on this bill. This is being done with the 
     understanding that it does not in any way prejudice the 
     Committee with respect to the appointment of conferees or its 
     jurisdictional prerogatives on this or similar legislation.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 3608, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in bill report and the Congressional Record during 
     floor consideration.
           Sincerely,
                                                        Dave Camp,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Natural Resources,

                                Washington, DC, November 17, 2014.
     Hon. Dave Camp,
     Chairman, Committee on Ways and Means, Longworth HOB, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     3608, the Grand Portage Band Per Capita Adjustment Act. As 
     you know, the Committee on Natural Resources ordered reported 
     the bill on September 18, 2014. I appreciate your support in 
     bringing this legislation before the House of 
     Representatives, and accordingly, understand that the 
     Committee on Ways and Means will forego action on the bill.
       The Committee on Natural Resources concurs with the mutual 
     understanding that by foregoing consideration of H.R. 3608 at 
     this time, the Committee on Ways and Means does not waive any 
     jurisdiction over the subject matter contained in this or 
     similar legislation. In addition, should a conference on the 
     bill be necessary, I would support your request to have the 
     Committee on Ways and Means represented on the conference 
     committee. Finally, I would be pleased to include your letter 
     and this response in the bill report filed by the Committee 
     on Natural Resources, as well as in the Congressional Record 
     during floor consideration, to memorialize our understanding.
       Thank you for your cooperation.
           Sincerely,
                                                     Doc Hastings,
                                                         Chairman.

  Mr. NOLAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank Natural Resources Committee Chairman Hastings, 
who has served so well and so honorably in this Chamber--his absence 
will be missed as he retires--and, of course, Ranking Member DeFazio, 
and to Chairman Young, whom I had the good fortune to initially serve 
in this Chamber about 40 years ago, and Ranking Member Hanabusa of the 
Subcommittee on Indian and Alaska Native Affairs for their support of 
this bill. I also want to thank the staff for their work and their 
diligent efforts on this legislation.
  Mr. Speaker, in simple terms, this bill corrects a technical mistake 
in existing law, thereby allowing members of the Grand Portage Band of 
Lake Superior Chippewa to exclude up to $2,000 in payments from the 
State of Minnesota from their taxable income.
  By way of background, in 1988, the Grand Portage Band and the Bois 
Forte Band of Chippewa entered into an agreement by which they would 
relinquish certain harvest rights and privileges accorded under the 
treaty of 1854 in return for annual per capita payments from the State 
of Minnesota.
  In the year 2000, Congress passed the Omnibus Indian Advancement Act, 
which stipulated that a portion of these per capita payments should not 
count as income for the band members.

[[Page H8019]]

The problem was the legislative language included only the Bois Forte 
Band. The Grand Portage Band was inadvertently, accidentally left out, 
and, as a result, many members of the Grand Portage Band have been 
denied financial assistance and other benefits they are entitled to 
because their income appears higher than the law permits.
  So this bill simply corrects the mistake by amending the act of 
October 9, 1973, to allow members of the Grand Portage Band to exclude 
up to $2,000 in per capita income payments from the State of Minnesota 
from their taxable income. It is the correct and the fair thing to do.
  Let me also point out, Mr. Speaker, that this bill marks another step 
toward restoring the letter and the spirit of the 1854 treaty between 
the Federal Government and the Chippewa of Lake Superior, a treaty 
marked by serious violations from the very beginning as the waves of 
settlers were permitted onto the lands the agreement reserved for the 
Indians in perpetuity.
  I often point to my colleagues that the bust of Chief Buffalo of La 
Pointe greets them, or greets us as we enter into the House Chamber 
from the west front. Chief Buffalo was recognized as the Head Chief of 
the Greater Chippewa Nation, and at the age of 92 years of age, he led 
a tribal delegation to Washington to meet with President Fillmore and 
paved the way for the treaty of 1854 to stop the removal of Lake 
Superior Chippewas from their native homes.
  It was quite a trip. They left Wisconsin's Madeline Island by birch 
bark canoe--mind you, a 92-year-old man--traveling all the way to Sault 
Ste. Marie. From there, they took a steamer bound for Detroit, and then 
on by steamer to Buffalo, New York. Then the railroad took them to 
Albany, New York, where they boarded another steamboat to New York, and 
finally back onto the train to Washington, D.C., where they made their 
case to the President of the United States.
  So, in asking my colleagues to support this bill, I ask them to also 
remember Chief Buffalo and the diligence and the long, hard work and 
the long and difficult trail that is often so often required to do the 
right thing when we are representing people that we have been, in our 
case, elected to represent.
  It is a good lesson in point in a time and life where we have a kind 
of a fast-food mentality and everybody is expecting things to happen 
now. The voyage, the extraordinary effort that Chief Buffalo made, is a 
lesson to us all.
  So here we are, 160 years later, still trying to fulfill the results 
of that important mission that he made. This legislation to restore a 
small piece of a larger trust relationship is part of that journey.
  Mr. Speaker, I urge passage of this bill, and I thank my colleagues 
for their bipartisan support.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LABRADOR. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Idaho (Mr. Labrador) that the House suspend the rules 
and pass the bill, H.R. 3608.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________