S643-119

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: In this section: 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. 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. 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). 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. 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. No successor agreement or amended agreement entered into under paragraph (1) shall— purport to affirm, recognize, establish, expand, adjudicate, waive, limit, abrogate or otherwise affect the ancestral, aboriginal, treaty, statutory, equitable, or other applicable rights of the Confederated Tribes of the Grand Ronde Community or any other Indian Tribe; limit the State of Oregon from entering into separate agreements with other Indian Tribes that address the authority to take species within the geographic scope of the agreement; or be used in a civil or criminal action in a court of competent jurisdiction to enlarge, confirm, adjudicate, affect, or modify any treaty or other right of an Indian Tribe. All hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community in any successor agreement or amended agreement entered into under paragraph (1) after the date of enactment of this paragraph shall derive solely from the authority of the State of Oregon. 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. Nothing in this section, or in any successor agreement or amended agreement entered into under paragraph (1), shall have the force or effect of determining, defining, affirming, recognizing, abrogating, limiting, or affecting the rights or claims of any Indian Tribe, including any treaty and other sovereign rights. 2.Hunting, fishing, trapping, and animal gathering(a)DefinitionsIn this section:(1)Consent decreeThe 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 AgreementThe 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 TribeThe 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 generalThe 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)AmendmentsThe 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.(3)Contents of new agreement or future amendmentsNo successor agreement or amended agreement entered into under paragraph (1) shall—(A)purport to affirm, recognize, establish, expand, adjudicate, waive, limit, abrogate or otherwise affect the ancestral, aboriginal, treaty, statutory, equitable, or other applicable rights of the Confederated Tribes of the Grand Ronde Community or any other Indian Tribe;(B)limit the State of Oregon from entering into separate agreements with other Indian Tribes that address the authority to take species within the geographic scope of the agreement; or(C)be used in a civil or criminal action in a court of competent jurisdiction to enlarge, confirm, adjudicate, affect, or modify any treaty or other right of an Indian Tribe.(4)Source of AuthorityAll hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community in any successor agreement or amended agreement entered into under paragraph (1) after the date of enactment of this paragraph shall derive solely from the authority of the State of Oregon.(c)Judicial reviewIn 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)EffectNothing in this section, or in any successor agreement or amended agreement entered into under paragraph (1), shall have the force or effect of determining, defining, affirming, recognizing, abrogating, limiting, or affecting the rights or claims of any Indian Tribe, including any treaty and other sovereign rights..

2. Hunting, fishing, trapping, and animal gathering In this section: 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. 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. 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). 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. 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. No successor agreement or amended agreement entered into under paragraph (1) shall— purport to affirm, recognize, establish, expand, adjudicate, waive, limit, abrogate or otherwise affect the ancestral, aboriginal, treaty, statutory, equitable, or other applicable rights of the Confederated Tribes of the Grand Ronde Community or any other Indian Tribe; limit the State of Oregon from entering into separate agreements with other Indian Tribes that address the authority to take species within the geographic scope of the agreement; or be used in a civil or criminal action in a court of competent jurisdiction to enlarge, confirm, adjudicate, affect, or modify any treaty or other right of an Indian Tribe. All hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community in any successor agreement or amended agreement entered into under paragraph (1) after the date of enactment of this paragraph shall derive solely from the authority of the State of Oregon. 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. Nothing in this section, or in any successor agreement or amended agreement entered into under paragraph (1), shall have the force or effect of determining, defining, affirming, recognizing, abrogating, limiting, or affecting the rights or claims of any Indian Tribe, including any treaty and other sovereign rights.