This bill affirms the Grand Ronde Community's hunting, fishing, trapping, and animal gathering rights, based on a 1986 agreement with Oregon, while ensuring these rights do not infringe upon other tribes' rights or treaties.
Jeff Merkley
Senator
OR
This bill amends the Grand Ronde Reservation Act to clarify the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community. It ensures the 1986 Grand Ronde Hunting and Fishing Agreement remains in effect unless modified by mutual consent between the tribe and Oregon, while protecting the rights of other tribes. Future agreements will derive authority solely from the State of Oregon, and the bill allows for court review of changes to a related Consent Decree. This amendment does not impact existing treaty or sovereign rights of any Indian Tribe.
Grand Ronde Hunting and Fishing Rights Bill Updates Rules: 1986 Agreement Stands, Future Changes Possible
This bill amends the Grand Ronde Reservation Act, focusing on the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community. It basically keeps the 1986 Grand Ronde Hunting and Fishing Agreement in place, unless a new deal is struck between the Tribe and the State of Oregon. The main purpose is to clarify how these rights are managed and to set some ground rules for any future changes.
Keeping Things in Order
The bill locks in the 1986 agreement, which means the existing rules for hunting, fishing, and gathering continue to apply. Think of it like a contract extension – the terms stay the same unless both parties agree to something different. If the Grand Ronde Community and Oregon want to update the agreement, they can, but there are limits. Any new or changed agreement cannot mess with the existing rights of the Grand Ronde or any other tribe (Section 1(b)(2)(A)). It also clarifies that Oregon can make separate deals with other tribes without impacting this one. It also clarifies that any future hunting and fishing rights granted to the Grand Ronde Community come directly from the authority of the State of Oregon (Section 1(b)(2)(C)).
Real-World Ripple Effects
For members of the Grand Ronde Community, this means their current hunting and fishing practices, as defined in the 1986 agreement, are protected for now. For example, if a tribal member relies on traditional fishing for sustenance or cultural practices, those activities can continue under the existing rules. The allowance for future agreements means there's room to adapt. For instance, if environmental changes impact fish populations, the agreement could be modified to reflect those realities, provided both the Tribe and the State agree. Oregon's Department of Fish and Wildlife will continue to be a key player, as any new rights granted will be under their authority. The bill also opens the door for the U.S. District Court for the District of Oregon to review any requests to change or get relief from the 1987 Consent Decree, a related court judgment, on their own merits (Section 1(b)(3)).
The Bigger Picture
This bill is all about clarifying the rules of the game. By affirming the 1986 agreement, it provides a degree of stability. However, by stating that future rights come from Oregon's authority, it potentially shifts the balance of power. It's a bit like saying, "We'll honor the current contract, but any new ones are entirely up to us." The bill also takes pains to say it's not defining or messing with any tribe's existing treaty or sovereign rights (Section 1(b)(4)) – basically, it's trying to stay in its lane and not create unintended consequences for other tribes.