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


                                                 House Calendar No. 116
109th CONGRESS
  1st Session
H. CON. RES. 267

                          [Report No. 109-283]

 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

                           November 10, 2005

 Reported with amendments, referred to the House Calendar, and ordered 
                             to be printed
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
    [Strike out the preamble and insert the part printed in italic]
[For text and preamble of introduced concurrent resolution, see copy of 
        concurrent resolution as introduced on October 17, 2005]

_______________________________________________________________________

                         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 tradition for more than 1,500 years;
Whereas the Tribe voluntarily and temporarily ceased whaling in the 1920's prior 
        to protections being implemented and the gray whale population being 
        listed as endangered under the Endangered Species Act of 1973;
Whereas the United States has now scientifically concluded that the gray whale 
        population is presently neither threatened nor endangered, in 1994 the 
        population was removed from the endangered species list, and the 
        population has repopulated to a level that can be harvested by the tribe 
        on a sustainable basis;
Whereas the Tribe sought to restore its ancient tradition of whaling, and took a 
        gray whale in 1999 pursuant to its treaty right;
Whereas the tribe's ability to exercise its treaty rights with respect to such 
        takings are being seriously impaired by the Marine Mammal Protection Act 
        of 1972;
Whereas the Makah Tribe has been required to apply for a waiver under the Marine 
        Mammal Protection Act of 1972, but the procedures under such Act for 
        obtaining a waiver are burdensome, costly, and contrary to the letter 
        and spirit of the Tribe's treaty rights, and it will take years for the 
        Tribe to obtain a waiver; 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 disapproves of requiring the Makah Tribe to obtain a 
waiver and a permit under the Marine Mammal Protection Act of 1972 
before taking gray whales, and expresses its intent that the Government 
of the United States should uphold the treaty rights of the Makah 
Tribe.
                                                 House Calendar No. 116

109th CONGRESS

  1st Session

                            H. CON. RES. 267

                          [Report No. 109-283]

_______________________________________________________________________

                         CONCURRENT RESOLUTION

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

_______________________________________________________________________

                           November 10, 2005

 Reported with amendments, referred to the House Calendar, and ordered 
                             to be printed