[Congressional Record Volume 169, Number 203 (Monday, December 11, 2023)]
[House]
[Pages H6749-H6751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SILETZ RESERVATION ACT AMENDMENT
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
[[Page H6750]]
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Oregon (Ms. Hoyle)
each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 2839, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
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, I reserve the balance of my time.
{time} 1430
Ms. HOYLE of Oregon. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today I rise in support of H.R. 2839, which would amend
the Siletz Reservation Act to address the hunting, fishing, trapping,
and animal gathering rights of the Confederated Tribes of the Siletz
Indians.
The Siletz Tribe should be able to freely hunt, fish, and gather on
their ancestral lands, just like every other Tribe in Oregon, except
one, and in this country.
Today, the Siletz have over 5,000 enrolled members, and they are
concentrated in Oregon's Fourth Congressional District, which I am
honored to represent.
The Siletz Tribe was stripped of its land and status in 1954 through
the Western Oregon Termination Act.
In 1980, the Siletz Tribe was forced to give up their rights to
hunting and fishing on Tribal lands in order to have their reservation
restored. This restriction is called a consent decree. It is an unjust
and racist policy that should have never happened, and it needs to be
changed immediately.
This is a bipartisan bill, and I thank my colleagues for their
support. It provides the legal ability for the Siletz Tribe to
renegotiate a hunting and fishing agreement with the State of Oregon.
While the Oregon Fish and Wildlife Commission recently approved a
historic new hunting and fishing agreement with the Siletz Tribe, the
State can choose or be forced by litigation to return to the previous
unconscionable agreement at any time. That is why this bill is greatly
needed.
The bill is necessary to invalidate the consent decree, and it does
not impact the treaty rights of any other Tribe.
The Siletz Tribe has worked in good faith with other Tribes in the
region to avoid contested areas, which is reflected in my bill. There
was a lot of hard work that went into making this happen and making
this right.
I am proud that H.R. 2839 passed out of committee with strong
bipartisan support. In fact, it was unanimous. That is pretty strong
bipartisan support.
I thank my colleagues in the Oregon delegation for their support of
this bipartisan bill. I particularly thank Senator Merkley, who has a
companion bill in the Senate and who has worked tirelessly to right
this historic wrong.
The Siletz is one of only two Tribes in the entire country that was
forced to give up their sovereign rights in order to have Federal
status renewed. The other Tribe is the Confederated Tribes of the Grand
Ronde Community of Oregon. I support similar legislation to allow them
to renegotiate fishing and hunting rights with the State of Oregon, as
well. I hope to see this legislation move forward.
H.R. 2839 is about fairness. Siletz members should be able to hunt,
fish, trap, and gather on their ancestral lands as they have
traditionally done. They should be treated as other Tribes are.
Mr. Speaker, I urge my colleagues to vote ``yes'' on this important
legislation.
Mr. Speaker, I urge support for this bill, and I yield back the
balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
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.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 2839.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
[[Page H6751]]
A motion to reconsider was laid on the table.
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