[Congressional Record Volume 165, Number 69 (Monday, April 29, 2019)]
[House]
[Pages H3290-H3291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COLUMBIA RIVER IN-LIEU AND TREATY FISHING ACCESS SITES IMPROVEMENT ACT
Mr. VAN DREW. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 91) 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:
H.R. 91
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 such sums
as are necessary, 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 gentleman from New
Jersey (Mr. Van Drew) and the gentleman from Utah (Mr. Bishop) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. VAN DREW. 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
gentleman from New Jersey?
There was no objection.
Mr. VAN DREW. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 91 authorizes the Bureau of Indian Affairs to
assess sanitation and safety conditions on land set aside to provide
Columbia River Treaty Tribes access to traditional fishing grounds, and
to enter into contracts with Tribes or Tribal organizations to improve
the identified conditions.
The Columbia River Treaty Tribes, through a series of treaties in
1855, established access to ``usual and accustomed fishing areas'' and
ancillary fishing facilities on the Columbia River.
Starting in the 1930s, construction of the dams of the Columbia River
Power System resulted in flooding and destruction of Tribal villages,
homes, and traditional fishing sites, severely impacting the Tribal
members' ability to exercise these treaty rights. The tribes and their
citizens have never been fully compensated for their losses.
In a series of agreements and laws 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 to exercise their rights to fish in
the Columbia and reside at their traditional fishing places and fishing
stations.
[[Page H3291]]
Additionally, Congress enacted the Columbia River Treaty Fishing
Access Sites project in 1988, which authorized improvements for the
existing ancillary 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
traditional fishing areas, many Tribal members now use these areas as
permanent residences.
{time} 1645
These sites were not designed for and cannot sustain this
accommodated 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.
Passage of H.R. 91 will result in vast improvements to the conditions
of these sites. As such, I urge the quick adoption of this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, even though H.R. 91 is a new bill, we have seen it
before. The last time we were here, it was a Senate bill that came over
and passed our committee but did not pass the floor itself. We did talk
about it as part of a package we did earlier this year, that it could
have gone in that. For some reason, it was not allowed to go in there.
It does deal with four of the Columbia River Treaty Tribes and the
conditions on their traditional fishing areas that are basically
unsanitary and simply unsafe. What this bill does is authorize the
Department of the Interior to upgrade these areas, to make them
acceptable to safety and sanitary standards, and to do that in
consultation with the Tribes.
This bill is, in my estimation, a reasonable approach. I have no
objection to passing this measure today.
Mr. Speaker, I reserve the balance of my time.
Mr. VAN DREW. Mr. Speaker, I yield 5 minutes to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in
yielding to me and the presentation that he made outlining the
situation, along with Ranking Member Bishop, under whose leadership
this legislation moved forward in the last Congress.
It is long overdue. It is jarring to visit these in-lieu treaty
sites. The notion that it is unsanitary and unsafe really understates
the case.
Along the Columbia River, I have passed one of these sites for years,
never knowing that what may be a Tiger Woods three-iron shot off the
freeway revealed these conditions.
These are sites that have been used by the Tribes for millennia, and
sadly, they were a casualty of the Columbia River dam construction.
Those dams have produced significant economic prosperity in our region
with jobs and agricultural activities, but the Native people have been
left behind.
There was a pledge that we would be able to accommodate their sites
that were flooded, but that has been observed mainly in the breach. It
has reached the point now where we have on each of these sites people
who naturally want to gravitate to what is part of their tradition.
There is, as was referenced, a need for Tribal housing, but the fishing
experience, the proximity to the river, and this being part of their
historic heritage draws them there.
In many cases, they do have sites where people are living on a year-
round basis in conditions that really should not exist anywhere in
America.
It is interesting, when we started this saga two centuries ago,
Native people had almost 2 billion acres that was theirs to hunt, to
fish, to live, and there was some cultivation. The Federal Government,
over a series of years and a series of treaties, narrowed that range.
In fact, the Federal Government started giving away Native American
people's land before there was even a treaty to White settlers.
The history is checkered and disturbing. There have been acts that
can only be described as genocide--disease, attacks on Native people,
forced marches. We had our own Trail of Tears in the Pacific Northwest.
And, consistently, we have not met our obligations to more recent
treaties.
I am pleased that the committee has brought this forward on a
bipartisan basis. I am pleased that the administration is aligned with
us in, it looks like, being able to move forward to deal with what
needs to happen with some of these sites.
Mr. Speaker, I am pleased that we have a partnership in the Senate
with my friend and colleague, Senator Jeff Merkley, and Senator Patty
Murray, who has been deeply involved with this, so that we are
positioned to take action that is long overdue, keeping faith with the
Tribal people, keeping faith with our commitment through history, being
able to make sure that the progress that we have been working on here
for 4 years is poised to move forward.
Mr. Speaker, I deeply appreciate the work that has been done with the
committee on a bipartisan basis to get us to this position. I look
forward to its passage in the House and the Senate and being executed
by the executive.
It is going to make a big difference to people who are worthy and
deserving of our best efforts.
Mr. BISHOP of Utah. Mr. Speaker, if I could inquire of the gentleman
from New Jersey (Mr. Van Drew) if he has any more speakers. I don't
have any other speakers.
Mr. VAN DREW. Mr. Speaker, I have no further speakers.
Mr. BISHOP of Utah. Mr. Speaker, I yield back the balance of my time.
Mr. VAN DREW. Mr. Speaker, I urge my colleagues to support this
legislation, and I yield back the balance of my time.
Ms. BONAMICI. Mr. Speaker, I rise in support of the Columbia River
In-Lieu and Treaty Fishing Access Sites Improvement Act. This bill
takes important steps to address an injustice that four Columbia River
Tribes have faced for decades.
Beginning in the 1930s, the construction of the Bonneville, John Day,
and Dalles dams on the lower Columbia River flooded many homes and
traditional fishing sites. The flooding displaced members of the
Confederated Tribes of the Warm Springs Indian Reservation,
Confederated Tribes of the Umatilla Indian Reservation, Nez Perce
Tribe, and the Confederated Tribes and Bands of the Yakama Nation. The
Army Corps of Engineers designed 31 Columbia River Treaty Fishing
Access Sites and ``in-lieu'' sites along the banks of the Columbia
River to be used primarily for in-season fishing and temporary camping,
but conditions have been extremely unsafe and unsanitary.
This bill would authorize the Secretary of the Interior to assess and
update electricity, water, and sewer infrastructure at existing Bureau
of Indian Affairs facilities that were constructed to provide treaty
Tribes access to traditional fishing grounds. These Tribes have treaty
rights to fishing access sites on the Columbia River and we must uphold
our obligations to provide safe and sanitary housing and
infrastructure. I thank Congressman Blumenauer and Senator Merkley for
their leadership, and I urge my colleagues to support this bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Van Drew) that the House suspend the
rules and pass the bill, H.R. 91.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. VAN DREW. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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