II 

118TH CONGRESS 

1ST SESSION S. 1287 

To amend the Grand Ronde Reservation Act to address the hunting, fishing, 

trapping, and animal gathering activities of the Confederated Tribes 

of the Grand Ronde Community, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2023 

Mr. MERKLEY (for himself and Mr. WYDEN) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Grand Ronde Reservation Act to address 

the hunting, fishing, trapping, and animal gathering activities of the Confederated Tribes of the Grand Ronde 

Community, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. GRAND RONDE RESERVATION ACT AMEND4 MENT. 

5 Section 2 of Public Law 100–425 (commonly known 

6 as the ‘‘Grand Ronde Reservation Act’’) (102 Stat. 1595) 

7 is amended to read as follows: 


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1 ‘‘SEC. 2. HUNTING, FISHING, TRAPPING, AND ANIMAL GATH2 ERING. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) CONSENT DECREE.—The term ‘Consent 

5 Decree’ means the final judgment and decree of the 

6 United States District Court for the District of Or7 egon, in the action entitled ‘Confederated Tribes of 

8 the Grand Ronde Community of Oregon against the 

9 State of Oregon’, entered on January 12, 1987. 

10 ‘‘(2) GRAND RONDE HUNTING AND FISHING

11 AGREEMENT.—The term ‘Grand Ronde Hunting and 

12 Fishing Agreement’ means the agreement entitled 

13 ‘Agreement Among the State of Oregon, the United 

14 States of America and the Confederated Tribes of 

15 the Grand Ronde Community of Oregon to Perma16 nently Define Tribal Hunting, Fishing, Trapping, 

17 and Animal Gathering Rights of the Tribe and its 

18 Members’ and entered into by the United States on 

19 December 2, 1986. 

20 ‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ 

21 has the meaning given the term in section 4 of the 

22 Indian Self-Determination and Education Assistance 

23 Act (25 U.S.C. 5304). 

24 ‘‘(b) HUNTING, FISHING, TRAPPING, AND ANIMAL

25 GATHERING AGREEMENTS.— 


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1 ‘‘(1) IN GENERAL.—The Grand Ronde Hunting 

2 and Fishing Agreement shall remain in effect until 

3 and unless replaced, amended, or otherwise modified 

4 by 1 or more successor government-to-government 

5 agreements between the Confederated Tribes of the 

6 Grand Ronde Community and the State of Oregon 

7 relating to the hunting, fishing, trapping, and ani8 mal gathering rights of the Confederated Tribes of 

9 the Grand Ronde Community. 

10 ‘‘(2) AMENDMENTS.—The Grand Ronde Hunt11 ing and Fishing Agreement or any successor agree12 ment entered into under paragraph (1) may be 

13 amended from time to time by mutual consent of the 

14 Confederated Tribes of the Grand Ronde Commu15 nity and the State of Oregon. 

16 ‘‘(3) CONTENTS OF NEW AGREEMENT OR FU17 TURE AMENDMENTS.—No successor agreement or 

18 amended agreement entered into under paragraph 

19 (1) shall— 

20 ‘‘(A) purport to affirm, recognize, estab21 lish, expand, adjudicate, waive, limit, abrogate 

22 or otherwise affect the ancestral, aboriginal, 

23 treaty, statutory, equitable, or other applicable 

24 rights of the Confederated Tribes of the Grand 

25 Ronde Community or any other Indian Tribe; 


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1 ‘‘(B) limit the State of Oregon from enter2 ing into separate agreements with other Indian 

3 Tribes that address the authority to take spe4 cies within the geographic scope of the agree5 ment; or 

6 ‘‘(C) be used in a civil or criminal action 

7 in a court of competent jurisdiction to enlarge, 

8 confirm, adjudicate, affect, or modify any treaty 

9 or other right of an Indian Tribe. 

10 ‘‘(4) SOURCE OF AUTHORITY.—All hunting, 

11 fishing, trapping, and animal gathering rights of the 

12 Confederated Tribes of the Grand Ronde Commu13 nity in any successor agreement or amended agree14 ment entered into under paragraph (1) after the 

15 date of enactment of this Act shall derive solely from 

16 the authority of the State of Oregon. 

17 ‘‘(c) JUDICIAL REVIEW.—In any action brought in 

18 the United States District Court for the District of Or19 egon to rescind, overturn, modify, or provide relief under 

20 Federal law from the Consent Decree, the United States 

21 District Court for the District of Oregon shall review the 

22 application of the parties on the merits without regard to 

23 the defense of res judicata or collateral estoppel. 

24 ‘‘(d) EFFECT.—Nothing in this section, or in any 

25 successor agreement or amended agreement entered into 


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1 under paragraph (1), shall have the force or effect of de2 termining, defining, affirming, recognizing, abrogating, 

3 limiting, or affecting the rights or claims of any Indian 

4 Tribe, including any treaty and other sovereign rights.’’. 

Æ 


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