[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3123 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3123
To amend the Siletz Reservation Act to address the hunting, fishing,
trapping, and animal gathering rights of the Confederated Tribes of
Siletz Indians, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
November 1, 2021
Mr. Merkley (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
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A BILL
To amend the Siletz Reservation Act to address the hunting, fishing,
trapping, and animal gathering rights of the Confederated Tribes of
Siletz Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SILETZ RESERVATION ACT AMENDMENT.
Section 4 of Public Law 96-340 (commonly known as the ``Siletz
Reservation Act'') (96 Stat. 1074) is amended to read as follows:
``SEC. 4. 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 Siletz Indians of Oregon against State
of Oregon', entered on May 2, 1980.
``(2) 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).
``(3) Siletz agreement.--The term `Siletz Agreement' means
the agreement entitled `Agreement Among the State of Oregon,
the United States of America and the Confederated Tribes of the
Siletz Indians of Oregon to Permanently Define Tribal Hunting,
Fishing, Trapping, and Gathering Rights of the Siletz Tribe and
its Members' and entered into by the United States on April 22,
1980.
``(b) Hunting, Fishing, Trapping, and Animal Gathering
Agreements.--
``(1) In general.--The Siletz 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 Siletz Indians
and the State of Oregon relating to the hunting, fishing,
trapping, and animal gathering rights of the Confederated
Tribes of Siletz Indians.
``(2) Amendments.--The Siletz 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
Siletz Indians 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.''.
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