[118th Congress Public Law 33]
[From the U.S. Government Publishing Office]
[[Page 137 STAT. 1110]]
Public Law 118-33
118th Congress
An Act
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. <<NOTE: Dec. 26, 2023 - [H.R.
2839]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Oregon.>>
SECTION 1. SILETZ RESERVATION ACT AMENDMENT.
Section 4 of Public Law 96-340 (commonly known as the ``Siletz
Reservation Act'') (94 Stat. 1074) <<NOTE: 25 USC 711e note.>> 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
[[Page 137 STAT. 1111]]
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.''.
Approved December 26, 2023.
LEGISLATIVE HISTORY--H.R. 2839:
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HOUSE REPORTS: No. 118-300 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 169 (2023):
Dec. 11, considered and passed House.
Dec. 19, considered and passed Senate.
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