[Congressional Record Volume 164, Number 152 (Wednesday, September 12, 2018)]
[House]
[Pages H8159-H8160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REPEALING PROHIBITION ON CERTAIN ALCOHOL MANUFACTURING ON INDIAN LANDS

  Mr. GIANFORTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5317) to repeal section 2141 of the Revised Statutes to 
remove the prohibition on certain alcohol manufacturing on Indian 
lands, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5317

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REPEAL OF PROHIBITION ON CERTAIN ALCOHOL 
                   MANUFACTURING ON INDIAN LANDS.

       Section 2141 of the Revised Statutes (25 U.S.C. 251) is 
     repealed.

     SEC. 2. NO EFFECT ON TAXATION OR STATE AUTHORITY TO REGULATE 
                   ALCOHOL WITHIN STATE BORDERS.

       (a) No Effect on Taxation.--Nothing in section 1 or the 
     repeal made by section 1 shall affect State or Federal 
     taxation.
       (b) State Authority Unaffected.--Nothing in section 1 or 
     the repeal made by section 1 shall diminish, enlarge, or 
     otherwise affect a State's authority to regulate the 
     importation and sale of alcoholic beverages within its own 
     borders, including State authority over the manufacture, 
     distribution, transportation, or sale of intoxicating 
     liquors.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Montana (Mr. Gianforte) and the gentlewoman from Massachusetts (Ms. 
Tsongas) each will control 20 minutes.
  The Chair recognizes the gentleman from Montana.


                             General Leave

  Mr. GIANFORTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Montana?

[[Page H8160]]

  There was no objection.
  Mr. GIANFORTE. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Washington (Ms. Herrera Beutler).
  Ms. HERRERA BEUTLER. Mr. Speaker, I thank my friend for yielding.
  Mr. Speaker, I want to begin by saying thank you to the members of 
the Natural Resources Committee and my colleagues on both sides of the 
aisle for helping move this bill forward in a truly bipartisan manner.
  My bill, H.R. 5317, repeals the antiquated 19th century law--from 
1834, to be exact--that prohibits distilleries on Tribal lands. This 
prohibition was enacted at a time when the Federal Government took a 
more paternalistic stance with Indian Tribes. While many of the 
provisions in the larger statute have since been repealed, somehow the 
distillery prohibition remains.
  This issue came to my attention from the Chehalis Tribe from my home 
in southwest Washington. The Chehalis began the permitting process for 
a new economic development project on reservation land, which includes 
the construction and operation of a distillery.
  In the midst of the project, they were made aware of the 1834 law 
from the Bureau of Indian Affairs, who suggested that the Tribe move 
their project off their land or contact their Member of Congress and 
change the law. When they contacted me and told me what they were up 
against, I got to work.
  I am pleased to put this bill forward today to help place Indian 
Tribes on equal footing with non-Tribal citizens by allowing them to 
pursue the very same economic opportunities as everybody else. This 
repeal enables Tribes to diversify their economic investments and helps 
provide jobs not just for Tribes, but for neighboring communities as 
well.
  This is a matter of fairness, Mr. Speaker. Washington, D.C., 
shouldn't be in the business of telling Indian Country it cannot engage 
in a business that is allowed everywhere else and is actually helping 
many neighboring areas, in terms of revitalizing their local economy.
  Lastly, and to be clear, while this bill provides additional 
opportunities for Tribes, it does not provide special treatment. Tribes 
will still be required to follow State and Federal liquor laws and 
regulations, just as they currently do for breweries and wineries.
  Mr. Speaker, I urge my fellow Members to vote in favor of this bill.
  Ms. TSONGAS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 5317 is simple and straightforward. It repeals an 
antiquated law that stands in the way of a Tribal economic development 
project.
  The law in question dates back to 1834, and it prohibits the 
operation of a distillery on Indian lands. On their face, these types 
of outdated laws may seem trivial, but they have real-world 
consequences.
  The Chehalis Tribe in Washington began the permitting process for the 
construction and operation of an economic development project, which 
includes a craft distillery, when they came up against the 1834 law. 
The project is a great economic development opportunity, one that will 
create jobs and revenue not only for the Chehalis Tribe, but for the 
surrounding communities as well. However, in order for the Tribe to 
proceed with the project, the prohibition must first be removed.
  Mr. Speaker, I support the goals of H.R. 5317 and urge my colleagues 
to vote ``yes,'' and I yield back the balance of my time.
  Mr. GIANFORTE. 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 Montana (Mr. Gianforte) that the House suspend the rules 
and pass the bill, H.R. 5317, 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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