[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 267 Introduced in House (IH)]







109th CONGRESS
  1st Session
H. CON. RES. 267

 Expressing the sense of the Congress upholding the Makah Tribe treaty 
                                rights.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 17, 2005

  Mr. Pombo submitted the following concurrent resolution; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Expressing the sense of the Congress upholding the Makah Tribe treaty 
                                rights.

Whereas the United States and the Makah Tribe signed a treaty at Neah Bay on 
        January 31, 1855, which was ratified by Congress on March 8, 1859;
Whereas under the treaty, the Tribe ceded to the United States approximately 
        300,000 acres of its aboriginal homelands on the Olympic Peninsula in 
        the State of Washington;
Whereas in exchange for the cession of land benefiting the United States, a 
        reservation was established for the Tribe and several rights were 
        secured to the Tribe, including the right under Article 4 of 
        ``whaling'', which had been a 1,500-year old tribal tradition;
Whereas the Tribe voluntarily and temporarily ceased whaling in the 1920's prior 
        to protections being implemented and the population being listed as 
        endangered under the Endangered Species Act;
Whereas the United States has now scientifically concluded that the gray whale 
        population is presently neither threatened nor endangered, the 
        population in 1994 was removed from the endangered species list and has 
        repopulated to a level that can be harvested by the tribe on a 
        sustainable basis;
Whereas the Tribe sought to restore its 1,500-year-old tradition of whaling, and 
        took a gray whale in 1999 pursuant to its treaty right;
Whereas the tribe's treaty rights were abrogated when the tribe was directed to 
        obtain a waiver under the Marine Mammal Protection Act'';
Whereas the Tribe has applied for a waiver under the Marine Mammal Protection 
        Act but the burden of performing National Environmental Policy Act 
        environmental impact study requirements triggered by the waiver are 
        burdensome, costly, contrary to the letter and spirit of the treaty, and 
        tantamount to a denial of the Tribe's treaty rights; and
Whereas the National Congress of American Indians adopted Resolution #MOH-04-025 
        and the Affiliated Tribes of the Northwest Indians adopted Resolution 
        No. 98-35 in full support of the Tribe's treaty rights: Now, therefore, 
        be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress expresses its disapproval of the abrogation of the 
Tribe's treaty rights and that the Government of the United States 
should uphold the treaty rights of the Makah Tribe.
                                 <all>