[Congressional Record Volume 168, Number 192 (Monday, December 12, 2022)]
[House]
[Pages H9676-H9677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
KLAMATH TRIBE JUDGMENT FUND REPEAL ACT
Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 314) to repeal the Klamath Tribe Judgment Fund Act.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 314
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 ``Klamath Tribe Judgment Fund
Repeal Act''.
SEC. 2. REPEAL.
Public Law 89-224 (commonly known as the ``Klamath Tribe
Judgment Fund Act'') (79 Stat. 897) is repealed.
SEC. 3. DISBURSEMENT OF REMAINING FUNDS.
Notwithstanding any provision of Public Law 89-224 (79
Stat. 897) (as in effect on the day before the date of
enactment of this Act) relating to the distribution or use of
funds, as soon as practicable after the date of enactment of
this Act, the Secretary of the Interior shall disburse to the
Klamath Tribe the balance of any funds that, on or before the
date of enactment of this Act, were appropriated or deposited
into the trust accounts for remaining legal fees and
administration and per capita trust accounts, as identified
by the Secretary of the Interior, under that Act (as in
effect on the day before the date of enactment of this Act).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Grijalva) and the gentleman from California (Mr.
Obernolte) each will control 20 minutes.
The Chair recognizes the gentleman from Arizona.
General Leave
Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of S. 314, the Klamath Tribe
Judgment Fund Repeal Act, introduced by Senator Merkley of Oregon. Our
colleague, Representative Schrader of Oregon, has the House companion
to this legislation.
This bill will provide long-awaited relief to the Klamath Tribes by
restoring the Tribe's self-governance over the management of its own
judgment funds.
Like many tribes, the Klamath Tribes were terminated by Congress in
the 1950s--in their case, through passage of the Klamath Termination
Act. In addition to termination, the legislation established procedures
for the sale of reservation land belonging to Tribal members.
At the time, the Tribe was required to submit to the Secretary of the
Interior a final roll call of Tribal members. The final roll call was
eventually used to settle the Tribe's ongoing Indian Claims Commission
suits under the Klamath Tribe Judgment Fund Act.
Fortunately, in 1986, the Klamath Tribes' Federal trust relationship
with the United States was restored. However, the judgment fund did not
account for this restoration and limited the ability of the Tribe to
settle any outlying claims.
Today, the Klamath Tribes have no ability to determine how Tribal
funds can be allocated to Tribal members or other Tribal priorities.
This goes against Tribal sovereignty and is a violation of the
authorities upheld by Federal recognition.
S. 314 will right this wrong by repealing the outdated Klamath Tribe
Judgment Fund Act and restoring the Tribe's ability to exercise its
sovereign authority over its own Tribal judgment funds.
I thank Senator Merkley and Representative Schrader for introducing
this important piece of legislation and supporting the Tribe in its
lengthy quest for a remedy.
Mr. Speaker, I urge my colleagues to vote ``yes'' on the bill, and I
reserve the balance of my time.
Mr. OBERNOLTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of S. 314. This bill would repeal the
Klamath Judgment Fund Act and direct the Secretary of the Interior to
disburse to the Klamath Tribes the balance of any funds that were set
aside for legal fees, administration, and per capita trust accounts.
The legislation will bring to a close the final distribution of
judgments the Klamath Tribes received through the Indian Claims
Commission for a wide variety of historical claims. These judgment
funds were distributed primarily to individual Tribe members and their
heirs because, at the time, Congress had rescinded Federal recognition
of the Klamath Tribes before the judgments were finalized. The Klamath
Tribes regained Federal recognition in 1986.
According to the Congressional Budget Office, this bill affects
approximately $600,000 remaining in the Klamath Judgment Fund for
approximately 200 Tribal members or their next of kin that the
Department of the Interior says it cannot locate.
The Klamath Tribes has requested that these remaining funds be
transferred to the Tribe so that they may distribute the remaining
funds to the Tribal elders still living, who were parties to the
judgments.
Mr. Speaker, I urge adoption of this bill, and I reserve the balance
of my time.
Mr. GRIJALVA. Mr. Speaker, I yield such time as she may consume to
the gentlewoman from New Mexico (Ms. Leger Fernandez), the chair of the
Subcommittee for Indigenous Peoples of the United States.
Ms. LEGER FERNANDEZ. Mr. Speaker, I thank Chairman Grijalva and
Ranking Member Obernolte, as well as Majority Leader Hoyer and others,
for working to bring this and several other commonsense bills serving
Indian Country to the floor today.
Though I think most folks are already in the holiday cheer, it was
just a couple of weeks ago, in November, that we celebrated Native
American Heritage Month.
Last November, we were able to consider a number of bipartisan Tribal
bills under suspension of the rules in recognition of this
commemorative month and in honor of Tribal communities across this
country.
We must not only recognize and commemorate Native Americans, but we
must act in Congress to reaffirm Tribal sovereignty, Tribal self-
determination, and our own trust responsibilities to the Tribes.
So, even though we are a couple of weeks off this time, I am thrilled
that we could again dedicate House floor time to Tribal nations and
communities. It is my hope that we can continue this tradition in the
118th Congress and beyond.
I stand here today in support of S. 314, the Klamath Tribe Judgment
Fund Repeal Act. As Chair Grijalva noted, and Representative Obernolte
seconded, we considered this bill in our committee in order to right a
historical wrong.
We heard directly from the Klamath Tribes' chairman about what this
bill means to him and his people, and the importance of enacting it to
finally truly acknowledge their self-determination and Tribal
sovereignty.
Upon enactment of this bill, we will finally provide control of the
Klamath Tribe Judgment Fund to the Tribe in recognition of its
important role.
Mr. Speaker, I urge my colleagues to support the bill.
Mr. OBERNOLTE. Mr. Speaker, I urge adoption of this bill, and I yield
back the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I urge my colleagues to support the
legislation, and I yield back the balance of my time.
[[Page H9677]]
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules
and pass the bill, S. 314.
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.
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