S. 643

100 S643 IS: To amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes.
 U.S. Senate
 2025-02-20
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 643  IN THE SENATE OF THE UNITED STATES   February 20, 2025   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 rights 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 paragraph 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.
 .