II 118TH CONGRESS 1ST SESSION S. 1286 To amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering activities of the Confederated Tribes of Siletz Indians, 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 Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering activities of the Confederated Tribes of Siletz Indians, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SILETZ RESERVATION ACT AMENDMENT. 3 Section 4 of Public Law 96–340 (commonly known 4 as the ‘‘Siletz Reservation Act’’) (94 Stat. 1074) is 5 amended to read as follows: 6 VerDate Sep 11 2014 02:30 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1286.IS S1286 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1286 IS ‘‘SEC. 4. HUNTING, FISHING, TRAPPING, AND ANIMAL GATH- 1 ERING. 2 ‘‘(a) DEFINITIONS.—In this section: 3 ‘‘(1) CONSENT DECREE.—The term ‘Consent 4 Decree’ means the final judgment and decree of the 5 United States District Court for the District of Or- 6 egon, in the action entitled ‘Confederated Tribes of 7 Siletz Indians of Oregon against State of Oregon’, 8 entered on May 2, 1980. 9 ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 10 has the meaning given the term in section 4 of the 11 Indian Self-Determination and Education Assistance 12 Act (25 U.S.C. 5304). 13 ‘‘(3) SILETZ AGREEMENT.—The term ‘Siletz 14 Agreement’ means the agreement entitled ‘Agree- 15 ment Among the State of Oregon, the United States 16 of America and the Confederated Tribes of the Siletz 17 Indians of Oregon to Permanently Define Tribal 18 Hunting, Fishing, Trapping, and Gathering Rights 19 of the Siletz Tribe and its Members’ and entered 20 into by the United States on April 22, 1980. 21 ‘‘(b) HUNTING, FISHING, TRAPPING, AND ANIMAL 22 GATHERING AGREEMENTS.— 23 ‘‘(1) IN GENERAL.—The Siletz Agreement shall 24 remain in effect until and unless replaced, amended, 25 or otherwise modified by 1 or more successor gov- 26 VerDate Sep 11 2014 02:30 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1286.IS S1286 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1286 IS ernment-to-government agreements between the 1 Confederated Tribes of Siletz Indians and the State 2 of Oregon relating to the hunting, fishing, trapping, 3 and animal gathering rights of the Confederated 4 Tribes of Siletz Indians. 5 ‘‘(2) AMENDMENTS.—The Siletz Agreement or 6 any successor agreement entered into under para- 7 graph (1) may be amended from time to time by 8 mutual consent of the Confederated Tribes of Siletz 9 Indians and the State of Oregon. 10 ‘‘(3) CONTENTS OF NEW AGREEMENT OR 11 AMENDMENTS.—The Siletz Agreement or any suc- 12 cessor agreement entered into under paragraph (1) 13 shall not provide for exclusive or primary Siletz take 14 opportunity outside the exterior boundaries of the 15 1855 Executive Order Siletz Coast Reservation (as 16 described in section 7(f)(1)(A) of the Siletz Tribe 17 Indian Restoration Act (Public Law 95–195; 91 18 Stat. 1418; 130 Stat. 1364)) relative to any other 19 federally recognized Indian Tribe, and shall not pro- 20 vide for new or expanded take of fishery resources 21 in the Columbia River or in the Willamette River 22 from its mouth to the top of Willamette Falls. 23 ‘‘(c) JUDICIAL REVIEW.—In any action brought in 24 the United States District Court for the District of Or- 25 VerDate Sep 11 2014 02:30 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1286.IS S1286 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1286 IS egon to rescind, overturn, modify, or provide relief under 1 Federal law from the Consent Decree, the United States 2 District Court for the District of Oregon shall review the 3 application of the parties on the merits without regard to 4 the defense of res judicata or collateral estoppel. 5 ‘‘(d) EFFECT.—Nothing in this section enlarges, con- 6 firms, adjudicates, affects, or modifies any treaty or other 7 right of an Indian Tribe.’’. 8 Æ VerDate Sep 11 2014 02:30 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1286.IS S1286 pbinns on DSKJLVW7X2PROD with $$_JOB