Columbia River In-Lieu and Treaty Fishing Access Sites Improvement Act

Floor Speech

Date: Dec. 16, 2019
Location: Washington, DC

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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.

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 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.

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Ms. HAALAND. Mr. Speaker, I urge my colleagues to support the legislation, and I yield back the balance of my time.

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