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.

Subjects: Native Americans

Summary:  <p>This bill provides a process by which the Confederated Tribes of the Grand Ronde Community of Oregon and Oregon may negotiate to amend or replace the existing agreement defining the tribe's hunting, fishing, trapping, and animal gathering rights.</p> <p>The current agreement, which was made effective by a January 12, 1987, consent decree by the U.S. District Court for the District of Oregon, serves as the exclusive and final determination of the tribe's hunting, fishing, trapping, and gathering rights. This bill instead allows a December 2, 1986, agreement between the United States, Oregon, and the tribe (known as the Grand Ronde Hunting and Fishing Agreement) to define the tribe's rights until and unless it is amended or replaced upon mutual agreement of the tribe and Oregon.</p> <p>The bill allows the tribe and Oregon to return to the U.S. District Court for the District of Oregon to request the modification or termination of the January 12, 1987, consent decree.</p> <p>The bill prohibits a new or amended agreement from (1) affecting the other rights of the tribe or any other Indian tribe, (2) limiting Oregon from entering into separate agreements with other tribes to address the authority to take species within the geographic scope of the agreement, or (3) being used in a civil or criminal action to modify any treaty or other right of a tribe.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1287 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. GRAND RONDE RESERVATION ACT AMENDMENT.

    Section 2 of Public Law 100-425 (commonly known as the ``Grand 
Ronde Reservation Act'') (102 Stat. 1595) is amended to read as 
follows:

``SEC. 2. HUNTING, FISHING, TRAPPING, AND ANIMAL GATHERING.

    ``(a) Definitions.--In this section:
            ``(1) Consent decree.--The term `Consent Decree' means the 
        final judgment and decree of the United States District Court 
        for the District of Oregon, in the action entitled 
        `Confederated Tribes of the Grand Ronde Community of Oregon 
        against the State of Oregon', entered on January 12, 1987.
            ``(2) Grand ronde hunting and fishing agreement.--The term 
        `Grand Ronde Hunting and Fishing Agreement' means the agreement 
        entitled `Agreement Among the State of Oregon, the United 
        States of America and the Confederated Tribes of the Grand 
        Ronde Community of Oregon to Permanently Define Tribal Hunting, 
        Fishing, Trapping, and Animal Gathering Rights of the Tribe and 
        its Members' and entered into by the United States on December 
        2, 1986.
            ``(3) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
    ``(b) Hunting, Fishing, Trapping, and Animal Gathering 
Agreements.--
            ``(1) In general.--The Grand Ronde Hunting and Fishing 
        Agreement shall remain in effect until and unless replaced, 
        amended, or otherwise modified by 1 or more successor 
        government-to-government agreements between the Confederated 
        Tribes of the Grand Ronde Community and the State of Oregon 
        relating to the hunting, fishing, trapping, and animal 
        gathering rights of the Confederated Tribes of the Grand Ronde 
        Community.
            ``(2) Amendments.--The Grand Ronde Hunting and Fishing 
        Agreement or any successor agreement entered into under 
        paragraph (1) may be amended from time to time by mutual 
        consent of the Confederated Tribes of the Grand Ronde Community 
        and the State of Oregon.
            ``(3) Contents of new agreement or future amendments.--No 
        successor agreement or amended agreement entered into under 
        paragraph (1) shall--
                    ``(A) purport to affirm, recognize, establish, 
                expand, adjudicate, waive, limit, abrogate or otherwise 
                affect the ancestral, aboriginal, treaty, statutory, 
                equitable, or other applicable rights of the 
                Confederated Tribes of the Grand Ronde Community or any 
                other Indian Tribe;
                    ``(B) limit the State of Oregon from entering into 
                separate agreements with other Indian Tribes that 
                address the authority to take species within the 
                geographic scope of the agreement; or
                    ``(C) be used in a civil or criminal action in a 
                court of competent jurisdiction to enlarge, confirm, 
                adjudicate, affect, or modify any treaty or other right 
                of an Indian Tribe.
            ``(4) Source of authority.--All hunting, fishing, trapping, 
        and animal gathering rights of the Confederated Tribes of the 
        Grand Ronde Community in any successor agreement or amended 
        agreement entered into under paragraph (1) after the date of 
        enactment of this Act shall derive solely from the authority of 
        the State of Oregon.
    ``(c) Judicial Review.--In any action brought in the United States 
District Court for the District of Oregon to rescind, overturn, modify, 
or provide relief under Federal law from the Consent Decree, the United 
States District Court for the District of Oregon shall review the 
application of the parties on the merits without regard to the defense 
of res judicata or collateral estoppel.
    ``(d) Effect.--Nothing in this section, or in any successor 
agreement or amended agreement entered into under paragraph (1), shall 
have the force or effect of determining, defining, affirming, 
recognizing, abrogating, limiting, or affecting the rights or claims of 
any Indian Tribe, including any treaty and other sovereign rights.''.
                                 &lt;all&gt;
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