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.

Bill: 118-s-1287
Sponsor: full_name: Sen. Merkley, Jeff [D-OR]
Introduced: 2023-04-25
Policy area: Native Americans
Latest action: action_date: 2023-04-25
text: Read twice and referred to the Committee on Indian Affairs.

Summaries:
action_date: 2023-04-25
action_desc: Introduced in Senate
text: <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>

tv_txt: II 118th CONGRESS 1st Session S. 1287 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. 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: 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. .