Siletz Reservation Act Amendment

Floor Speech

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Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2839) 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.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 2839

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'') (94 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.

``(3) Contents of new agreement or amendments.--The Siletz Agreement or any successor agreement entered into under paragraph (1) shall not provide for exclusive or primary Siletz take opportunity outside the exterior boundaries of the 1855 Executive Order Siletz Coast Reservation (as described in section 7(f)(1)(A) of the Siletz Tribe Indian Restoration Act (Public Law 95-195; 91 Stat. 1418; 130 Stat. 1364)) relative to any other federally recognized Indian Tribe, and shall not provide for new or expanded take of fishery resources in the Columbia River or in the Willamette River from its mouth to the top of Willamette Falls.

``(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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Mr. WESTERMAN. 2839, the bill now under consideration.

Mr. Speaker, H.R. 2839 will amend the Siletz Reservation Act to provide a process by which the Confederated Tribes of the Siletz Indians and the State of Oregon may negotiate to amend or replace the 1980 agreement that currently serves as the final determination of the Tribe's hunting, fishing, trapping, and animal gathering rights.

The Confederated Tribes of Siletz Indians is a confederation of more than 27 different Tribes and bands of Indians who, beginning in 1856, were removed throughout western Oregon and placed on the Siletz Coast Reservation.

The Siletz Coast Reservation was repeatedly diminished by Federal action until the Siletz Tribe's Federal recognition was terminated by an act of Congress in 1954.

In 1977, Congress enacted a bill to restore the Tribe's Federal recognition. This restoration was not without conditions. The Siletz Tribe's hunting, fishing, trapping, and animal gathering rights were limited through an agreement made with the State of Oregon.

This agreement was finalized on May 2, 1980, by the U.S. District Court for the District of Oregon as a consent decree. The 1980 consent decree was then incorporated into the Siletz Reservation Act of 1980.

The agreement provided limited allocations for salmon fishing and deer and elk hunting while otherwise prohibiting Tribal hunting, fishing, gathering, and trapping, except as authorized under Oregon State law.

H.R. 2839 would allow the Siletz Tribe in the State of Oregon to negotiate to amend, replace, or terminate the 1980 consent decree. That consent decree remains in place until there is mutual agreement for a new agreement between both the Tribe and the State.

The U.S. District Court for the District of Oregon would also be required to adjudicate any change in the consent decree on the merits of the case. This prevents the modification from being dismissed by the court because the matter had already been decided.

Additionally, the legislation includes language preserving all other hunting and fishing treaty rights held by other treaty Tribes.

Mr. Speaker, this legislation would amend the Siletz Reservation Act to allow the State of Oregon and the Siletz Tribe to negotiate to amend, replace, or terminate the Tribe's 1980s hunting, fishing, trapping, and animal consent decree.

The current consent decree would remain in place until there is a new agreement that is mutually decided on, allowing all parties to reach an agreement before changes are made.

Mr. Speaker, I thank the sponsor of the legislation for her work on behalf of her constituents. I urge adoption of this bill, and I yield back the balance of my time.

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