S. 3126 — Introduced in Senate

II 117th CONGRESS 1st Session S. 3126 IN THE SENATE OF THE UNITED STATES November 1, 2021Mr. 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. (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. .