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.

I 118TH CONGRESS 1ST SESSION H. R. 2850 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 HOUSE OF REPRESENTATIVES APRIL 25, 2023 Ms. SALINAS (for herself, Ms. BONAMICI, Mr. BLUMENAUER, Ms. HOYLE of Oregon, and Mrs. CHAVEZ-DEREMER) introduced the following bill; which was referred to the Committee on Natural Resources 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. GRAND RONDE RESERVATION ACT AMEND- 3 MENT. 4 Section 2 of Public Law 100–425 (commonly known 5 as the ‘‘Grand Ronde Reservation Act’’) (102 Stat. 1595) 6 is amended to read as follows: 7 VerDate Sep 11 2014 23:01 May 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2850.IH H2850 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2850 IH ‘‘SEC. 2. HUNTING, FISHING, TRAPPING, AND ANIMAL GATH- 1 ERING. 2 ‘‘(a) DEFINITIONS.—In this section: 3 ‘‘(1) CONSENT DECREE.—The term ‘Consent 4 Decree’ means the final judgment and decree of the 5 United States District Court for the District of Or- 6 egon, in the action entitled ‘Confederated Tribes of 7 the Grand Ronde Community of Oregon against the 8 State of Oregon’, entered on January 12, 1987. 9 ‘‘(2) GRAND RONDE HUNTING AND FISHING 10 AGREEMENT.—The term ‘Grand Ronde Hunting and 11 Fishing Agreement’ means the agreement entitled 12 ‘Agreement Among the State of Oregon, the United 13 States of America and the Confederated Tribes of 14 the Grand Ronde Community of Oregon to Perma- 15 nently Define Tribal Hunting, Fishing, Trapping, 16 and Animal Gathering Rights of the Tribe and its 17 Members’ and entered into by the United States on 18 December 2, 1986. 19 ‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ 20 has the meaning given the term in section 4 of the 21 Indian Self-Determination and Education Assistance 22 Act (25 U.S.C. 5304). 23 ‘‘(b) HUNTING, FISHING, TRAPPING, AND ANIMAL 24 GATHERING AGREEMENTS.— 25 VerDate Sep 11 2014 23:01 May 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2850.IH H2850 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2850 IH ‘‘(1) IN GENERAL.—The Grand Ronde Hunting 1 and Fishing Agreement shall remain in effect until 2 and unless replaced, amended, or otherwise modified 3 by 1 or more successor government-to-government 4 agreements between the Confederated Tribes of the 5 Grand Ronde Community and the State of Oregon 6 relating to the hunting, fishing, trapping, and ani- 7 mal gathering rights of the Confederated Tribes of 8 the Grand Ronde Community. 9 ‘‘(2) AMENDMENTS.—The Grand Ronde Hunt- 10 ing and Fishing Agreement or any successor agree- 11 ment entered into under paragraph (1) may be 12 amended from time to time by mutual consent of the 13 Confederated Tribes of the Grand Ronde Commu- 14 nity and the State of Oregon. 15 ‘‘(3) CONTENTS OF NEW AGREEMENT OR FU- 16 TURE AMENDMENTS.—No successor agreement or 17 amended agreement entered into under paragraph 18 (1) shall— 19 ‘‘(A) purport to affirm, recognize, estab- 20 lish, expand, adjudicate, waive, limit, abrogate 21 or otherwise affect the ancestral, aboriginal, 22 treaty, statutory, equitable, or other applicable 23 rights of the Confederated Tribes of the Grand 24 Ronde Community or any other Indian Tribe; 25 VerDate Sep 11 2014 23:01 May 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2850.IH H2850 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2850 IH ‘‘(B) limit the State of Oregon from enter- 1 ing into separate agreements with other Indian 2 Tribes that address the authority to take spe- 3 cies within the geographic scope of the agree- 4 ment; or 5 ‘‘(C) be used in a civil or criminal action 6 in a court of competent jurisdiction to enlarge, 7 confirm, adjudicate, affect, or modify any treaty 8 or other right of an Indian Tribe. 9 ‘‘(4) SOURCE OF AUTHORITY.—All hunting, 10 fishing, trapping, and animal gathering rights of the 11 Confederated Tribes of the Grand Ronde Commu- 12 nity in any successor agreement or amended agree- 13 ment entered into under paragraph (1) after the 14 date of enactment of this Act shall derive solely from 15 the authority of the State of Oregon. 16 ‘‘(c) JUDICIAL REVIEW.—In any action brought in 17 the United States District Court for the District of Or- 18 egon to rescind, overturn, modify, or provide relief under 19 Federal law from the Consent Decree, the United States 20 District Court for the District of Oregon shall review the 21 application of the parties on the merits without regard to 22 the defense of res judicata or collateral estoppel. 23 ‘‘(d) EFFECT.—Nothing in this section, or in any 24 successor agreement or amended agreement entered into 25 VerDate Sep 11 2014 23:01 May 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2850.IH H2850 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2850 IH under paragraph (1), shall have the force or effect of de- 1 termining, defining, affirming, recognizing, abrogating, 2 limiting, or affecting the rights or claims of any Indian 3 Tribe, including any treaty and other sovereign rights.’’. 4 Æ VerDate Sep 11 2014 23:01 May 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2850.IH H2850 kjohnson on DSK79L0C42PROD with BILLS