[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.
____________________