[Congressional Record Volume 165, Number 203 (Monday, December 16, 2019)]
[House]
[Pages H10301-H10302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COLUMBIA RIVER IN-LIEU AND TREATY FISHING ACCESS SITES IMPROVEMENT ACT
Ms. HAALAND. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 50) to authorize the Secretary of the Interior to assess
sanitation and safety conditions at Bureau of Indian Affairs facilities
that were constructed to provide affected Columbia River Treaty tribes
access to traditional fishing grounds and expend funds on construction
of facilities and structures to improve those conditions, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 50
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 ``Columbia River In-Lieu and
Treaty Fishing Access Sites Improvement Act''.
SEC. 2. SANITATION AND SAFETY CONDITIONS AT CERTAIN BUREAU OF
INDIAN AFFAIRS FACILITIES.
(a) Assessment of Conditions.--The Secretary of the
Interior, acting through the Bureau of Indian Affairs, in
consultation with the affected Columbia River Treaty tribes,
may assess current sanitation and safety conditions on lands
held by the United States for the benefit of the affected
Columbia River Treaty tribes, including all permanent Federal
structures and improvements on those lands, that were set
aside to provide affected Columbia River Treaty tribes access
to traditional fishing grounds--
(1) in accordance with the Act of March 2, 1945 (59 Stat.
10, chapter 19) (commonly known as the ``River and Harbor Act
of 1945''); or
(2) in accordance with title IV of Public Law 100-581 (102
Stat. 2944).
(b) Exclusive Authorization; Contracts.--The Secretary of
the Interior, acting through the Bureau of Indian Affairs--
(1) subject to paragraph (2)(B), shall be the only Federal
agency authorized to carry out the activities described in
this section; and
(2) may delegate the authority to carry out activities
described in paragraphs (1) and (2) of subsection (d)--
(A) through one or more contracts entered into with an
Indian Tribe or Tribal organization under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.); or
(B) to include other Federal agencies that have relevant
expertise.
(c) Definition of Affected Columbia River Treaty Tribes.--
In this section, the term ``affected Columbia River Treaty
tribes'' means the Nez Perce Tribe, the Confederated Tribes
of Umatilla Indian Reservation, the Confederated Tribes of
the Warm Springs Reservation of Oregon, and the Confederated
Tribes and Bands of the Yakama Nation.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of the Interior
$11,000,000 for the period of fiscal years 2020 through 2025,
to remain available until expended--
(1) for improvements to existing structures and
infrastructure to improve sanitation and safety conditions
assessed under subsection (a); and
(2) to improve access to electricity, sewer, and water
infrastructure, where feasible, to reflect needs for sanitary
and safe use of facilities referred to in subsection (a).
SEC. 3. STUDY OF ASSESSMENT AND IMPROVEMENT ACTIVITIES.
The Comptroller General of the United States, in
consultation with the Committee on Indian Affairs of the
Senate, shall--
(1) conduct a study to evaluate whether the sanitation and
safety conditions on lands held by the United States for the
benefit of the affected Columbia River Treaty tribes (as
defined in section 2(c)) have improved as a result of the
activities authorized in section 2; and
(2) prepare and submit to the Committee on Indian Affairs
of the Senate and the Committee on Natural Resources of the
House of Representatives a report containing the results of
that study.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New Mexico (Ms. Haaland) and the gentleman from Arkansas (Mr.
Westerman) each will control 20 minutes.
The Chair recognizes the gentlewoman from New Mexico.
{time} 1730
General Leave
Ms. HAALAND. Mr. Speaker, I ask unanimous consent that all Members
may 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
gentlewoman from New Mexico?
There was no objection.
Ms. HAALAND. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 50 authorizes the Bureau of Indian Affairs, the BIA,
to assess sanitation and safety conditions on lands that were set aside
to provide
[[Page H10302]]
Columbia River Treaty Tribes access to their traditional fishing
grounds. The bill also authorizes the BIA to enter into contracts with
Tribes or Tribal organizations to improve the conditions at those
sites.
The Columbia River Treaty Tribes, through a series of treaties in
1855, established their continued access to traditional fishing grounds
and to certain fishing facilities on the Columbia River. However,
starting in the 1930s, construction of the dams of the Columbia River
power system resulted in the flooding and destruction of Tribal
villages, homes, and traditional fishing sites, severely impacting the
ability of the Tribes to exercise their treaty rights.
The Tribes and their citizens have never been fully compensated for
these losses.
Starting in 1939, the Federal Government acquired and developed small
parcels of land to serve as in-lieu and treaty fishing access sites,
providing members of the Columbia River Treaty Tribes access and a way
to exercise their rights to fish in the Columbia River and to reside at
their traditional fishing places and stations.
Congress also enacted the Columbia River Treaty Fishing Access Sites
project in 1988, which authorized improvements for certain fishing
facilities and directed the Army Corps of Engineers to acquire new
lands to provide unencumbered river access for Tribal members.
Today, there are 31 Tribal fishing sites located along the Columbia
River, 27 of which are managed by the BIA. The sites were intended to
be used primarily for in-season fishing and some temporary camping.
However, out of both a need for housing and a desire to be closer to
their own traditional fishing areas, many Tribal members now use these
areas as permanent residences.
These sites were not designed for and cannot sustainably accommodate
this use. In fact, many people at these sites are living in extremely
distressed, unsafe, and unsanitary conditions as a direct result of
decades of unmet obligations by the BIA.
S. 50 will allow much-needed improvements to the conditions at these
sites.
I thank Senator Merkley for his work on moving this bill through the
Senate. I also thank our colleague from Oregon, Representative
Blumenauer, for being the champion in the House on this issue and for
tirelessly advocating for the Columbia River Treaty Tribes.
Mr. Speaker, I urge quick adoption of this legislation, and I reserve
the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this bill will help ensure that certain Columbia River
Tribes have meaningful access to usual and accustomed fishing areas and
related fishing facilities as established by treaty.
Due to the construction of dams in the 1930s and 1950s along the
Columbia River, the lands of these Tribes were flooded. Congress
authorized the Federal Government to acquire and replace lost Tribal
fishing areas along the river, including the construction of
improvements. However, in recent years, there have been continued
reports that the conditions at these fishing sites have deteriorated
significantly.
S. 50 directs the Department of the Interior to assess current
sanitation and safety conditions on lands that were set aside to
provide affected Columbia River Treaty Tribes access to traditional
fishing grounds. The Bureau of Indian Affairs would also be authorized
to execute improvements at the sites in coordination with the four
Tribes that the sites serve.
While this legislation is intended to address safety and basic
maintenance needs, it is not the intent of Congress for these fishing
sites to become permanent residences but to continue their existing
purpose as traditional fishing access sites.
With this caveat, we see no issues with this bill that was favorably
reported by unanimous consent by the Committee on Natural Resources
last Congress.
Mr. Speaker, I yield back the balance of my time.
Ms. HAALAND. Mr. Speaker, I urge my colleagues to support the
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New Mexico (Ms. Haaland) that the House suspend the
rules and pass the bill, S. 50.
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.
____________________