Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2012

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.

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.

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.

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. 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.

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.

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. Speaker, I yield 3 minutes to the gentleman from Minnesota (Mr. Cravaack), the author of the bill.

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.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on June 28, 2012, in room SD-628 of the Dirksen Senate Office Building, at 2:15 p.m., to conduct a business meeting to consider the following:

H.R. 443, To provide for the conveyance of certain property

from the United States to the Maniilaq Association located in

Kotzebue, Alaska; H.R. 1560, To amend the Ysleta del Sur

Pueblo and Alabama and Coushatta Indian Tribes of Texas

Restoration Act to allow the Ysleta del Sur Pueblo Tribe to

determine blood quantum requirement for membership in that

tribe; 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; S. 134, A bill to

authorize the Mescalero Apache Tribe to lease adjudicated

water rights; S. 1065, A bill to settle land claims within

the Fort Hall Reservation; S. 2389, A bill to deem the

submission of certain claims to an Indian Health Service

contracting officer as timely; and S. 3193, A bill to make

technical corrections to the legal description of certain

land to be held in trust for the Barona Band of Mission

Indians, and for other purposes.

Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

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.