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Food, Conservation, and Energy Act of 2008 - Conference Report

Floor Speech

Date: May 15, 2008
Location: Washington, DC
Issues: Conservative Energy


FOOD, CONSERVATION, AND ENERGY ACT OF 2008--CONFERENCE REPORT -- (Senate - May 15, 2008)

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Ms. CANTWELL. Would the Senator yield to me for purposes of a colloquy?

Mr. HARKIN. I would be pleased to yield

Ms. CANTWELL. Section 8105 of this bill authorizes the Secretary of Agriculture to ``provide free of charge to Indian tribes any trees, portions of trees or forest products from National Forest Service land for traditional and cultural purposes as long as those products are not used for commercial purposes.'' Several Indian tribes in Washington State are successors in interest to tribes and bands who were signatory to treaties with the United States which expressly reserved the right to gather forest products from lands which currently include National Forest System lands. These treaties are regarded as the supreme law of the land and cannot be modified by Congress unless Congress clearly intends to do so. Am I correct that section 8105 is not in any way intended to modify or supersede the treaty rights of these tribes?

Mr. HARKIN. The Senator is correct. Section 8107 of the bill contains a ``savings'' provision that explicitly states that nothing in this legislation ``alters, abridges, diminishes, repeals, or affects any agreement between the Forest Service and an Indian tribe''. Section 8105 of this bill does not in any way affect valid treaty rights of tribes to gather forest products from National Forest System lands.

Ms. CANTWELL. I thank the Senator.

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