[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 573 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. RES. 573
Commemorating the 50th anniversary of the Boldt decision of 1974.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2024
Mrs. Murray (for herself, Ms. Cantwell, Mr. Wyden, and Mr. Merkley)
submitted the following resolution; which was referred to the Committee
on Indian Affairs
_______________________________________________________________________
RESOLUTION
Commemorating the 50th anniversary of the Boldt decision of 1974.
Whereas, since time immemorial, fish have been an integral part of Native
American cultural, spiritual, and economic life in the Northwest;
Whereas, between 1854 and 1859, the United States Government signed a series of
treaties with Indian Tribes across the Northwest, reserving to the
Indian Tribes the right to fish in their usual and accustomed places, in
common with the citizens of the Washington Territory;
Whereas article VI of the Constitution of the United States recognizes treaties
as the supreme law of the land, including those with Indian Tribes;
Whereas, after the Indian Tribes signed these treaties, their right to fish in
accordance with these treaties was not upheld, leading to more than 100
years of litigation;
Whereas, following decades of arrests and fish-ins during which Billy Frank Jr.
and other Tribal members exercised their treaty-protected fishing
rights, Indian Tribes won a historic legal victory protecting those
rights;
Whereas, on February 12, 1974, United States District Court Judge George Boldt
ruled in United States v. State of Washington, 384 F. Supp. 312 (W.D.
Wash. 1974), that--
(1) Indian Tribes that were parties to treaties which reserved their
right to fish could take up to 50 percent of the fish harvest that passed
through their recognized fishing grounds, to be calculated on a river-by-
river, run-by-run basis;
(2) State law could not regulate treaty-based tribal fishing rights;
and
(3) Treaty Tribes would co-manage fisheries in Washington State;
Whereas the decision was affirmed by the United States Court of Appeals for the
Ninth Circuit in United States v. State of Washington, 520 F.2d 676 (9th
Cir. 1976);
Whereas Tribal co-management of Washington fisheries led to the creation of the
Northwest Indian Fisheries Commission and the Columbia River Inter-
Tribal Fish Commission;
Whereas the Northwest Indian Fishing Commission member Indian Tribes include the
Lummi, Nooksack, Swinomish, Upper Skagit, Sauk-Suiattle, Stillaguamish,
Tulalip, Muckleshoot, Puyallup, Nisqually, Squaxin Island, Skokomish,
Suquamish, Port Gamble S'Klallam, Jamestown S'Klallam, Lower Elwha
Klallam, Makah, Quileute, Quinault, and Hoh Tribes;
Whereas the Columbia River Inter-Tribal Fish Commission member Indian Tribes
include the Nez Perce Tribe, the Confederated Tribes of the Umatilla
Indian Reservation, the Confederated Tribes of the Warm Springs
Reservation of Oregon, and the Confederated Tribes and Bands of the
Yakama Nation;
Whereas sharply declining salmon populations continue to threaten the ability of
the Indian Tribes to exercise their treaty rights, secure their economic
futures, and protect important cultural practices; and
Whereas the Boldt decision reinforced Tribal sovereignty, elevated the legal
status of Tribal treaty rights, and advanced resource co-management:
Now, therefore, be it
Resolved, That the Senate--
(1) commemorates the 50th anniversary of the Boldt
decision;
(2) recognizes the importance of Tribal treaty rights;
(3) acknowledges the invaluable role that the Northwest
Indian Fisheries Commission and the Columbia River Inter-Tribal
Fish Commission play in fisheries management; and
(4) reaffirms its commitment to support salmon recovery.
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