IV 
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 trea-
ty at Neah Bay on January 31, 1855, which was ratified 
by Congress on March 8, 1859;
•HCON 267 RH 
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 tra-
dition 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 threat-
ened 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 re-
spect 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 spir-
it of the Tribe’s treaty rights, and it will take years for 
the Tribe to obtain a waiver; and
•HCON 267 RH 
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