H.R.1499 - To amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes. (119th Congress)
Summary
H.R.1499 aims to amend the Grand Ronde Reservation Act, specifically addressing the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community. The bill seeks to clarify and update agreements between the Tribes and the State of Oregon regarding these rights. It also addresses judicial review related to a consent decree.
Expected Effects
The bill would allow for new agreements or amendments to existing agreements between the Confederated Tribes of the Grand Ronde Community and the State of Oregon regarding hunting, fishing, trapping, and animal gathering rights. Any new agreements would derive their authority solely from the State of Oregon. The bill also impacts judicial review related to the original consent decree.
Potential Benefits
- Clarifies the legal framework for hunting, fishing, trapping, and animal gathering rights for the Confederated Tribes of the Grand Ronde Community.
- Allows for updated agreements between the Tribes and the State of Oregon, potentially leading to more effective resource management.
- Provides a mechanism for judicial review related to the consent decree, ensuring fairness and legal clarity.
- Promotes government-to-government collaboration between the Tribes and the State of Oregon.
- Respects tribal sovereignty by allowing the tribe to negotiate agreements with the state.
Potential Disadvantages
- The bill stipulates that any new agreements derive their authority solely from the State of Oregon, which could potentially limit tribal sovereignty.
- The bill includes language that could be interpreted as limiting the scope of ancestral, aboriginal, or treaty rights of the Confederated Tribes of the Grand Ronde Community or any other Indian Tribe.
- The bill could potentially create legal complexities if successor agreements are not carefully drafted and implemented.
- There is a risk that future agreements could be used to limit or abrogate tribal rights in civil or criminal actions.
- The bill might not fully address all concerns of other Indian Tribes.
Constitutional Alignment
The bill appears to align with the US Constitution by recognizing the sovereign rights of Native American tribes to self-governance, as interpreted through federal laws and treaties. However, the specific provision limiting the source of authority for new agreements to the State of Oregon could raise concerns about the federal government's trust responsibility to protect tribal rights. The Commerce Clause (Article 1, Section 8) grants Congress the power to regulate commerce with Indian tribes.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).