Bill Summary
This bill seeks to amend the Grand Ronde Reservation Act in order to clarify the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community. It also allows for future government-to-government agreements to replace or modify existing agreements related to these rights. Additionally, it clarifies that any legal actions concerning these rights will be reviewed by the United States District Court for the District of Oregon without considering past legal decisions. This legislation does not change any existing treaties or rights of Indian Tribes.
Possible Impacts
1. This legislation could potentially affect the members of the Confederated Tribes of the Grand Ronde Community by determining their hunting, fishing, trapping, and animal gathering rights. This could impact their traditional way of life and access to natural resources.
2. The amendment could also impact the State of Oregon and their ability to regulate hunting, fishing, trapping, and animal gathering within the Grand Ronde Reservation. This could potentially create conflicts between the state and the tribe.
3. The legislation could also affect future government-to-government agreements between the tribe and the state, as any successor agreements must abide by the terms outlined in the Grand Ronde Hunting and Fishing Agreement. This could limit the flexibility and options for both parties in negotiating future agreements.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3126 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3126
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 1, 2021
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.
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.
``(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 enlarges, confirms,
adjudicates, affects, or modifies any treaty or other right of an
Indian Tribe.''.
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