H.R. 3524House115th Congress (2017-2019)In Committee

Settlement Trust Improvement Act of 2017

Sponsored by Don YoungRep. Don Young (R-AK)
Introduced July 27, 2017

AI-Generated Summary

Updated April 15, 2026 at 5:35 PM UTC

The Settlement Trust Improvement Act of 2017 updates the Internal Revenue Code to give Alaska Native corporations clearer tax rules when they assign payments to Alaska Native Settlement Trusts and when they contribute assets to those trusts. It lets assigned payments be excluded from the corporation’s taxable income and permits a tax deduction for contributions to the trusts. The changes also set up election and reporting procedures for both corporations and trusts.

Key Provisions

  • Creates a new tax provision (Sec. 139G) that excludes from gross income any payments a Native corporation receives under the Alaska Native Claims Settlement Act, as long as those payments are written‑off to a Settlement Trust before the corporation receives them.
  • Adds Sec. 250, allowing Native corporations to deduct cash or property contributions made to a Settlement Trust, with limits based on the corporation’s taxable income and a 15‑year carry‑over for excess deductions.
  • Provides election rules for corporations and trusts to apply these exclusions and deductions for a given tax year, and allows revocation of the election via an amended return.
  • Requires Settlement Trusts to report the amount of deductible contributions they receive and to provide detailed statements to the IRS by January 31 of the following year.
  • Allows Settlement Trust agreements to be amended within one year of the law’s enactment to permit the new election without needing votes from beneficiaries or shareholders.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs.

August 14, 2017

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HouseIntro Referral

Introduced in House

July 27, 2017

HouseIntro Referral

Referred to the Committee on Ways and Means, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

July 27, 2017

HouseCommittee

Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs.

August 14, 2017

Floor Debate

13 members

What members said about H.R. 3524 on the floor

8 Republicans5 Democrats
Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Nov 16, 2017

Mr. Speaker, I thank the gentleman for yielding and thank him for his superb leadership as the top Democrat on the Ways and Means Committee. I commend him, and all of our fellow Democrats on the…

Paul D. Ryan
Rep. Paul D. RyanR-WI-1 · Nov 16, 2017

Mr. Speaker, first, I love this 1 minute, and I try not to abuse it too much, but I am going to right now. Mr. Speaker, I want to start off by thanking Chairman Kevin Brady and all of the members of…

Richard E. Neal
Rep. Richard E. NealD-MA-1 · Nov 16, 2017

Mr. Speaker, I yield myself 4 minutes. Mr. Speaker, as we wind down this debate on tax reform or, what we should really call it, tax cut, I think that we should tabulate this as a missed opportunity.…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Nov 16, 2017

Mr. Speaker, I yield 2 minutes to the gentleman from Alaska (Mr. Young). Will the gentleman yield? Mr. Speaker, I am pleased to work with the gentleman from Alaska (Mr. Young) on this important issue…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Nov 16, 2017

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, before I begin, I want to thank the gentleman. I want to thank him for all those Americans out there who have waited decades for this,…

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Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Nov 16, 2017

Mr. Speaker, I thank the gentleman for yielding. This is the most irresponsible bill that I will have been confronted with in the 37 years that I have been in the Congress of the United States. This…

Brad R. Wenstrup
Rep. Brad R. WenstrupR-OH-2 · Nov 16, 2017

Mr. Speaker, more jobs, bigger paychecks, and fairer taxes. Those are the three big promises of the Tax Cuts and Jobs Act, and I am proud to lend my support. This tax relief legislation serves as an…

Brian Babin
Rep. Brian BabinR-TX-36 · Nov 16, 2017

Mr. Speaker, today is a good day for hardworking Americans. We are considering legislation that let's taxpayers keep more of their paycheck to save, spend, and invest as they see fit. Our bill--the…

Lucille Roybal-Allard
Rep. Lucille Roybal-AllardD-CA-40 · Nov 16, 2017

Mr. Speaker, on behalf of America's future generations who will be saddled with an unsurmountable debt created by H.R. 1, the Republican Tax plan, I must object to it. This rushed piece of…

Don Young
Rep. Don YoungR-AK · Nov 16, 2017

Mr. Speaker, Congress established Alaska Native Settlement Trusts in 1988 to provide permanent health, education, and welfare benefits to Alaska Natives, who are among the most economically…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Nov 16, 2017

Mr. Speaker, I want to thank my friend and colleague from Texas. Chairman Brady has done an incredible job at bringing this Tax Cuts and Jobs Act to the House floor.

Robert E. Latta
Rep. Robert E. LattaR-OH-5 · Dec 6, 2017

Mr. Speaker, I ask unanimous consent that my name be removed as a cosponsor of H.R. 3524.

Frederica S. Wilson
Rep. Frederica S. WilsonD-FL-24 · Nov 16, 2017

Mr. Speaker, had I been present, I would have voted ``nay'' on rollcall No. 637.

Bill Text

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Introduced in HouseIssued July 27, 2017

I

115th CONGRESS

1st Session

H. R. 3524

IN THE HOUSE OF REPRESENTATIVES

July 27, 2017

Mr. Young of Alaska (for himself, Mr. Latta, and Mr. Loebsack) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.

1.

Short title

This Act may be cited as the Settlement Trust Improvement Act of 2017.

2.

Exclusion for ANCSA payments assigned to Alaska Native Settlement Trusts

(a)

In general

Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section:

139G.

Assignments to Alaska Native Settlement Trusts

(a)

In general

In the case of a Native Corporation, gross income shall not include the value of any payments that would otherwise be made, or treated as being made, to such Native Corporation pursuant to, or as required by, any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), including any payment that would otherwise be made to a Village Corporation pursuant to section 7(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(j)), provided that any such payments—

(1)

are assigned in writing to a Settlement Trust, and

(2)

were not received by such Native Corporation prior to the assignment described in paragraph (1).

(b)

Inclusion in gross income

In the case of a Settlement Trust which has been assigned payments described in subsection (a), gross income shall include such payments as and when such payments are received by such Settlement Trust pursuant to the assignment and shall have the same character as if such payments were received by the Native Corporation.

(c)

Amount and scope of assignment

The amount and scope of any assignment under subsection (a) shall be described with reasonable particularity and may either be in a percentage of one or more such payments or in a fixed dollar amount.

(d)

Duration of assignment; revocability

Any assignment under subsection (a) shall specify—

(1)

a duration either in perpetuity or for a period of time, and

(2)

whether such assignment is revocable.

(e)

Prohibition on deduction

Notwithstanding section 250, no deduction shall be allowed to a Native Corporation for purposes of any amounts described in subsection (a).

(f)

Definitions

For purposes of this section, the terms Native Corporation and Settlement Trust have the same meaning given such terms under section 646(h).

.

(b)

Conforming amendment

The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item:

Sec. 139G. Assignments to Alaska Native Settlement Trusts.

.

(c)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

3.

Deduction of contributions to Alaska Native Settlement Trusts

(a)

In general

Part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

250.

Contributions to Alaska Native Settlement Trusts

(a)

In general

In the case of a Native Corporation, there shall be allowed a deduction for any contributions made by such Native Corporation to a Settlement Trust (regardless of whether an election under section 646 is in effect for such Settlement Trust) for which the Native Corporation has made an annual election under subsection (e).

(b)

Amount of deduction

The amount of the deduction under subsection (a) shall be equal to—

(1)

in the case of a cash contribution (regardless of the method of payment, including currency, coins, money order, or check), the amount of such contribution, or

(2)

in the case of a contribution not described in paragraph (1), the Native Corporation's adjusted basis in the property contributed.

(c)

Limitation and carryover

(1)

In general

Subject to paragraph (2), the deduction allowed under subsection (a) for any taxable year shall not exceed the taxable income of the Native Corporation for the taxable year in which the contribution was made.

(2)

Carryover

If the aggregate amount of contributions described in subsection (a) for any taxable year exceeds the limitation under paragraph (1), such excess shall be treated as a contribution described in subsection (a) in each of the 15 succeeding years in order of time.

(d)

Definitions

For purposes of this section, the terms Native Corporation and Settlement Trust have the same meaning given such terms under section 646(h).

(e)

Manner of making election

(1)

In general

For each taxable year, a Native Corporation may elect to have this section apply for such taxable year on the income tax return or amended income tax return of the Native Corporation, with such election to have effect solely for such taxable year.

(2)

Revocation

Any election made by a Native Corporation pursuant to this subsection may be revoked pursuant to an amended income tax return which has been timely filed by such Native Corporation.

(f)

Additional rules

(1)

Earnings and profits

Notwithstanding section 646(d)(2), in the case of a Native Corporation which claims a deduction under this section for any taxable year, the earnings and profits of such Native Corporation for such taxable year shall be reduced by the amount of such deduction.

(2)

Gain or loss

No gain or loss shall be recognized by the Native Corporation with respect to a contribution of property for which a deduction is allowed under this section.

(3)

Income

Subject to subsection (g), a Settlement Trust shall report income in the amount of any deduction allowed under this section in the taxable year in which the Settlement Trust actually receives such contribution.

(4)

Period

In determining the period that a Settlement Trust has held property for which a deduction is allowed under this section, the period the Native Corporation has held such property shall be included.

(5)

Basis

The basis that a Settlement Trust has for which a deduction is allowed under this section shall be equal to the adjusted basis of the Native Corporation in such property immediately before such contribution.

(6)

Prohibition

No deduction shall be allowed under this section with respect to any contributions made to a Settlement Trust which are in violation of subsection (a)(2) or (c)(2) of section 39 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629e).

(g)

Election by Settlement Trust To Defer Income Recognition

(1)

In general

In the case of a contribution which consists of property other than cash, a Settlement Trust may elect to defer recognition of any income related to such property until the sale or exchange of such property, in whole or in part, by the Settlement Trust.

(2)

Treatment

In the case of property described in paragraph (1), any income or gain received by the Settlement Trust upon sale or exchange of such property shall be treated as—

(A)

for such amount of the income or gain as is equal to or less than the amount of income deferred pursuant to this subsection, ordinary income, and

(B)

for any amounts of the income or gain which are in excess of the amount of income deferred pursuant to this subsection, having the same character as if this subsection did not apply.

(3)

Election

(A)

In general

For each taxable year, a Settlement Trust may elect to apply this subsection for any property described in paragraph (1) which was contributed during such year. Any property to which the election applies shall be identified and described with reasonable particularity on the income tax return or amended income tax return of the Settlement Trust, with such election to have effect solely for such taxable year.

(B)

Revocation

Any election made by a Settlement Trust pursuant to this subsection may be revoked pursuant to an amended income tax return which has been timely filed by such Settlement Trust.

(C)

Certain dispositions

(i)

In general

In the case of any property for which an election is in effect under this subsection and which is disposed of within the first taxable year subsequent to the taxable year in which such property was contributed to the Settlement Trust—

(I)

such election shall be voided as to such property,

(II)

the Settlement Trust shall be required to file an amended return for the taxable year in which such property was contributed, and

(III)

the Settlement Trust shall pay any tax applicable to such property, including interest and a penalty equal to 10 percent of the amount of such tax.

(ii)

Assessment

Notwithstanding section 6501(a), any amount described in subclause (III) of clause (i) may be assessed, or a proceeding in court with respect to such amount may be initiated without assessment, within 4 years after the date on which the return making the election under this subsection for such property was filed.

.

(b)

Conforming amendment

The table of sections for part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

Sec. 250. Contributions to Alaska Native Settlement Trusts.

.

(c)

Permissive Amendments to Trust Agreements Establishing Settlement Trusts

(1)

In general

Notwithstanding any provision of law, including any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), Alaska state law, or the terms of any trust agreement of a Settlement Trust (as defined under section 3(t) of the Alaska Native Claims Settlement Act, (43 U.S.C. 1602(t))), the terms of any trust agreement of a Settlement Trust may, within the 1-year period following the date of the enactment of this Act, be amended as necessary to allow such Trust to make an election described in subsection (g) of section 250 of the Internal Revenue Code of 1986 (as added by subsection (a)).

(2)

Amendment

An amendment described in paragraph (1) shall be enacted pursuant to one or more agreements between the Native Corporation that established the Settlement Trust and the trustees of such Trust and shall not require any vote by the beneficiaries of such Trust or the shareholders of such Native Corporation.

(3)

Registration statement

Any Settlement Trust which was registered in accordance with Alaska state law prior to the date of the enactment of an amendment described in paragraph (1) shall not be required to file a new or amended registration statement to reflect such amendment.

(d)

Effective date

(1)

In general

The amendments made by this section shall apply to taxable years for which the period of limitation on refund or credit under section 6511 of the Internal Revenue Code of 1986 has not expired.

(2)

One-year waiver of statute of limitations

If the period of limitation on a credit or refund resulting from the amendments made by subsection (a) expires before the end of the 1-year period beginning on the date of the enactment of this Act, refund or credit of such overpayment (to the extent attributable to such amendments) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1-year period.

4.

Information reporting for deductible contributions to Alaska Native Settlement Trusts

(a)

In general

Section 6039H of the Internal Revenue Code of 1986 is amended—

(1)

in the heading, by striking sponsoring; and

(2)

by adding at the end the following new subsection:

(e)

Deductible contributions by Native Corporations to Alaska Native Settlement Trusts

(1)

In general

Any Native Corporation (as defined in subsection (m) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m))) which has made a contribution to a Settlement Trust (as defined in subsection (t) of such section) to which an election under subsection (e) of section 250 applies shall provide such Settlement Trust with a statement regarding such election not later than January 31 of the calendar year subsequent to the calendar year in which the contribution was made.

(2)

Content of Statement

The statement described in paragraph (1) shall include—

(A)

the total amount of contributions to which the election under subsection (e) of section 250 applies,

(B)

for each contribution, whether such contribution was in cash,

(C)

for each contribution which consists of property other than cash, the date that such property was acquired by the Native Corporation and the adjusted basis of such property on the date such property was contributed to the Settlement Trust,

(D)

the date on which each contribution was made to the Settlement Trust, and

(E)

such information as the Secretary determines to be necessary or appropriate for the identification of each contribution and the accurate reporting of income relating to such contributions by the Settlement Trust.

.

(b)

Conforming amendment

The item relating to section 6039H in the table of sections for subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended to read as follows:

Sec. 6039H. Information With Respect to Alaska Native Settlement Trusts and Native Corporations.

.

(c)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

5.

Statutory construction

This Act is remedial Indian legislation enacted under the plenary authority of the Congress under the Constitution of the United States to regulate Indian affairs, and any ambiguities in section 139F or 250 of the Internal Revenue Code of 1986, as added by this Act, shall be resolved in favor of Native Corporations attempting to exclude income or claim a deduction thereunder.