By Alex Brown
The Chronicle
The U.S. Senate voted Tuesday to repeal a ban on distilling alcohol on tribal lands, passing a measure already approved by the House of Representatives and sending it to President Donald Trump’s desk for approval.
The legislation was prompted after the Chehalis Tribe made plans to build a distillery and brewhouse in Grand Mound, only to find that an antiquated law still on the books forbade such a project. Tribal leaders contacted elected officials, who put forward legislation in Congress to undo the 1834 law.
“We had done quite a bit of planning on the project, only to find out from the Bureau of Indian Affairs that there’s this old 1834 … and that the business technically would be illegal,” said Jeff Warnke, the tribe’s director of government and public relations. “When we were back in Washington, D.C. talking with senators and representatives, people were shocked that this was still a law.”
He credited Rep. Jaime Herrera Beutler, R-Battle Ground, and Democratic Sen. Maria Cantwell for spearheading congressional efforts to repeal the law.
“I’m pretty excited to see this one headed to the President,” said Herrera Beutler said in an interview. “This really should have been done well before my time. It’s just putting Indians on the same level footing as non-Indians.”
Herrera Beutler led efforts to pass the bill in the House, which came in September. Despite the non-controversial nature of the measure, Herrera Beutler said she had been worried other priorities would push it off the Senate calendar before Congress adjourns in December. She credited bipartisan support, especially backing from Cantwell, for making sure it got through.
“Yay, Sen. Cantwell!” she said.
In a statement, Cantwell also praised the passage of the bill.
“There’s no place for laws that discriminate against our Native American communities and limit their economic opportunities,” she said.
Both bills passed by voice vote, meaning they had such overwhelming support as to render an official count unnecessary.
Chehalis Tribe Chairman Harry Pickernell said the bill was an important step.
“(The bill) repeals an antiquated federal law prohibition and promotes the current federal policy of tribal self-determination,” he said in a statement. “Tribes around the country will now have the ability to move forward with projects to build and operate distilleries on their own lands.”
Once Trump, as expected, signs the bill into law, the tribe will be getting back to work on its project.
“We will certainly fire back up the tractors and get the ground work going,” Warnke said.
Herrera Beutler said the bill could lead to opportunities for tribes all over the country.
“My hope is this will pave the way,” she said. “In our area, craft breweries and distilleries are a booming part of our economy. … My hope is tribal nations will take advantage of it just like everybody else.”
In addition to correcting an injustice, the legislation is important to the Chehalis Tribe for practical reasons, Warnke noted.
“The tribe has to engage in economic development projects in order to pay for essential government services like healthcare, roads and police,” he said. “They don’t have the same tax base that other governments have. Projects like this also provide employment for the tribe and surrounding communities.”
Once the distillery and brewhouse is completed, Warnke said the tribe will be working with South Puget Sound Community College to provide classes to teach students how to become master brewers.
Despite fierce partisan divides in the country and in Congress, Herrera Beutler said the repeal of the distilling ban showed a bipartisan spirit.
“These are regional issues where the region has come together,” she said. “It has nothing to do with being Republican or Democrat. It can be done.”
Warnke said he was also encouraged to watch it move forward.
“Obviously, it was pretty excruciating for us, but this was pretty darn quick for Congress,” he said.
