II
119THCONGRESS
1
STSESSION S. 643
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
FEBRUARY20, 2025
Mr. M
ERKLEY(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 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
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‘‘SEC. 2. HUNTING, FISHING, TRAPPING, AND ANIMAL GATH-1
ERING. 2
‘‘(a) D
EFINITIONS.—In this section: 3
‘‘(1) C
ONSENT 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) G
RAND 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) I
NDIAN 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) H
UNTING, FISHING, TRAPPING, ANDANIMAL 24
G
ATHERINGAGREEMENTS.— 25
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•S 643 IS
‘‘(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) A
MENDMENTS.—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) C
ONTENTS 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
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‘‘(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) S
OURCE 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 paragraph shall derive 15
solely from the authority of the State of Oregon. 16
‘‘(c) J
UDICIALREVIEW.—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) E
FFECT.—Nothing in this section, or in any 24
successor agreement or amended agreement entered into 25
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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
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