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SILETZ INDIAN TRIBE RESTORATION

government.

Storage JM ENTS

2 5 19ZZ

KANSAS STATE unTv^ / hearing

BEFORE THE

UNITED STATES SENATE 

SELECT COMMITTEE ON INDIA N AFF AIRS

NI NE TY -FI FT H CONGRESS

FIR S T SE SS IO N

ON

S. 1560

TO RESTORE THE CONFEDERATED TRIBES OF SILETZ INDIANS 

OF OREGON AS A FEDERALLY RECOGNIZED SOVEREIGN 

INDIAN TRIBE, TO RESTORE TO THE CONFEDERATED TRIBES 

OF SILETZ INDIANS OF OREGON AND ITS MEMBERS THOSE 

FEDERAL SERVICES AND BEN EFITS FURN ISHED TO FEDERALLY RECOGNIZED AMERICAN INDIAN TRIBES AND THEIR 

MEMBERS, AND FOR OTHER PURPOSES

JULY 13, 1977

s

96-637 O

U.S. GOVERNMENT PRINTIN G OFFICE

WASHINGTON : 1977
£* » --*■ • k t • v < v»

SELECT COMM ITTEE ON IN DI AN AF FA IRS

[Created by S. Res. 4, 95th Cong.]

JAMES ABOUREZK, South Dakota, Chairman

HOWA RD MET ZE NB AU M, Ohio DE WEY F. BARTLETT , Oklahoma

JOHN MEL CH ER , Montana MA RK O. H ATFI ELD, Oregon

Ernest L. Ste ve ns, Staff Director

Alan R. Parker, General Countel

Michael D. Cox , Minority Countel

(H )
C O N T E N T S

B il l an d D epa r tm en ta l R epo r t

Page

S. 1560_________________________________________________________ 3

Rep ort of the Departm ent of the Interior------------------------------------ 15

W it n e s s e s

Bensell, Arthur, Chairman, Tribal Council of the Confederated Tribes of 

Siletz Ind ian s_________________________________________________ 25

Butler, Raymond V., Acting Deputy Commissioner of Indian Affairs,

Department of the Interior_____________________________________ 24

Prepared statem ent__________________________________________ 22

Donaldson, John It., director, Oregon Fish and Wildlife Commission------ 27

Prepared statem ent__________________________________________ 30

Proposed Siletz Health, Educatio n and Welfare Act---------------------- 34

M a ter ia l S u bm it ted

Bellinger, Donald F., lette r_______________________________________ 55

Clapper, Louis F., prepared sta tem ent---------------------------------------------- 41

Lane, Joe H., prepared sta tem ent---------------------------------------------------- 46

Meuret, Forrest L., le tters________________________________________ 49

Rivlin, Alice M., Director, Congressional Budget Office, lette r--------------- 56

(in)

SILETZ INDIAN TRIBE RESTORATION

W EDN ESD A Y, JU L Y 13, 19 77

U.S. S e n a t e,

S el ec t C o m m it t e e on I n d ia n A ffa ir s,

Wa shington , D.G.

The committee met, pu rsua nt to notice, at 9 :30 a.m., in room 457, 

Russell Sen ate Office B uil din g, Hon . Mark O. Hatfie ld (ac tin g ch airman of the com mittee) presiding.

Pre se nt: Senato r H atfi eld.

Staff presen t: Ke ith Ken ned y, pro fessional staff member; Leah 

Gun goll, ad ministrativ e secre tar y; and De bra Lyle, admi nis tra tiv e 

secretary.

Se nator H atfield. The hearing will come to o rder.

These hearings have been called to receive testimony on S. 1560, 

legisla tion to restore the Confe der ated Tribe s of th e Siletz In dian s to 

the sta tus of a fed era lly recognized trib e. Th e bill was introd uced on 

May 18 of this year by Senator Bob Packwood and myself. Ide nti cal 

legisla tion has been introd uced in the Hou se by Repre sen tative Les 

AuC oin.

The Confe derated Tribes of the Sile tz In dian s were among those 

trib es of western Oregon th at were term ina ted by the act of Aug ust 13, 

1954. W ith l itt le p repa ratio n and c ert ain ly wi tho ut tri ba l consent, the 

Fe deral Governme nt un ila ter all y and ab ruptly severed the t ru st r elationship that ha d been established by tr ea ty and sta tute over th e years.

The ostensible pur pose of ter mi natio n was to end a pater nalis tic 

gov ernmental rel ationship and allow Na tive Americ ans to p artic ipate 

fully in the ma ins tream of society. The pra cti cal result, however, has 

been economic and c ultural devastation for the te rm ina ted tribes. Th is 

is pa rti cu larly tru e in the case of the Siletz. Recent figures ind icate a 

44 pe rce nt unemployment rate in L inc oln C oun ty, Oreg., the m ajority 

of whom are Siletz. Th e med ian fam ily incom e of In dian fam ilies in 

the town of Siletz is $3,300 a year. Roughly 70 p erc ent o f the In dian 

studen ts in Siletz school have o nly one pa rent due to the d eath of th e 

oth er paren t. Hea lth needs are g re at; of 84 Siletz Indian s questioned 

in a non ran dom survey, 52.9 percent reporte d denta l needs, 21 perce nt 

rep ort ed medical needs, and 22 percent reporte d visu al needs. These 

figures bear sad witn ess to the presum ably inadverte nt attempt to destroy a once pro ud people throug h the policy of termination.

S. 1560 will help the S iletz In dian s ge t out of this situ ation. By resto rin g them to the stat us of a fed era lly recognized tribe, i t will m ake 

them elig ible fo r th e I nd ian health, edu cation, and economic assistance 

pro gra ms of the Federal Gov ernmen t. The bill is con sistent wi th the 

(1)
principle of self-determination and is strongly supported by the Confederated Tribes. It is the product of lengthy deliberations of the 

Siletz and other interested parties. Similar legislation in the last Congress, S. 2801, was the subject of intensive hearings last year.

One issue which has come up in the public discussion of this bill— 

an issue of concern to many Oregonians—is the matter of hunting and 

fishing rights. Let me emphasize that this bill does not grant or restore 

any hunting, fishing, or trapping rights, and says so explicitly in section (3) (c) . Furthermore, no reservation is created by this bill. Rather, 

the Secretary of the Interior is directed to determine, in full consultation with all local interests, whether a reservation should be created, 

and, if so, how. The Secretary is required to report to Congress in 2 

years; and, if the report calls for the creation of a reservation, the 

appropriate committees are asked to give it priority. Of course, the 

creation of a reservation, if called for, would require a separate act of 

Congress.

If a reservation is created, tha t would also not gra nt any hunting or 

fishing rights or any procedural right or advantage in any attempt to 

secure those rights. That is made completely clear by section 7(d) (2) 

of the bill.

S. 1560 is a simple bill. I t simply restores the Siletz as a federally 

recognized tribe, thereby making them eligible for the Federal services 

they so badly need. So, I hope we can move swiftly to enact this bill. 

It will serve as a much needed installment toward paying a moral debt 

to which this Nation has committed its national honor; it is the right 

thing to do.

I now place in the record a copy of S. 1560, and also the report of 

the Department of the Interior on that bill.

Our first witness this morning is Mr. Raymond Butler, the Acting 

Commissioner of the Bureau of Indian Affairs.

Mr. Butler, your full prepared statement will be printed in the 

record.

[Material follows:]
3

95 ni CON GR ESS 

1st Session S. 1560

IN TH E SEN ATE OF T nE UN ITED STATES

May 18 (legislative day, May 16), 1977

Mr. Hatfield (fo r himself and Mr. P ackwood) introduc ed the following bill; 

which was read twice and referred to the Select Committee on India n 

Affa irs

A BILL

To restore the Confederated Tribes of Siletz Indians of Oregon 

as a federally recognized sovereign Indian tribe, to restore 

to the Confederated Tribes of Siletz Indians of Oregon and 

its members those Federal services and benefits furnished to 

federally recognized American Indian tribes and their 

members, and for other purposes.

1 Be it enacted by the Senate and House of Bepresenta2 fives of the United States of Ame rica in Congress assembled,

3 That this Act may be cited as the “Siletz Indian Tribe

4 Restoration Act”.

5 Sec. 2. For the purposes of this Act—

6 (1) the term “tribe” means the Confederated

7 Tribes of the Siletz Indians of Oregon;

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(2) the term “Secretary” means the Secretary of 

the Interior or his authorized representative;

(3) the term “interim council” means the council 

elected pursuant to section 5;

(4) the term “member”, when used with respect 

to the tribe, means a person enrolled on the membership roll of the tribe, as provided in section 4 of this 

Act;

(5) the term “final membership roll” means the 

final membership roll of the tribe published on July 20, 

1956, on pages 5454-5462 of volume 21 of the Federal 

Register.

Sec. 3. (a) Federal recognition is hereby extended to 

the tribe, and the provisions of the Act entitled “An Act to 

conserve and develop Indian lands and resources; to extend 

to Indians the right to form businesses and other organizations; to establish a credit system for Indians; to grant certain rights of home rule to Indians; to provide for vocational 

education for Indians; and for other purposes”, approved 

June 13, 1934 (25 U.S.C. 461 et seq.) except as inconsistent with specific provisions of this Act, are made applicable to the tribe and the members of the tribe. The 

tribe and the members of the tribe shall be eligible for all 

Federal services and benefits furnished to federally recognized Indian tribes. Notwithstanding any provision to the
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contrary in any law establishing such services or benefits, 

eligibility of the tribe and its members for such Federal 

services and benefits shall become effective upon enactment 

of this Act without regard to the existence of a reservation 

for the tribe or the residence of members of the tribe on a

reservation.

(b) All rights and privileges of the tribe and of members of the tribe (other than hunting, fishing, and trapping 

rights) under any Federal treaty, Executive order, agreement, or statute, or under any other authority, which have 

been diminished or lost under the Act of August 13, 1954 

(25 U.S.C. 69 1-70 8), are hereby restored and such Act 

shall be inapplicable to the tribe and its members after the 

date of enactment of this Act.

(c) This Act shall not grant or restore any hunting, 

fishing, or trapping right of any nature, including any indirect 

or procedural right or advantage, to the tribe or any member 

of the tribe.

(d) Except as specifically provided in this Act, nothing 

in this Act shall alter any property right or obligation, any 

contractual right or obligation, or any obligation for taxes 

already levied.

Sec. 4. (a) The final membership roll is declared open. 

The Secretary, the Interim Council, and tribal officials under the tribal constitution and bylaw's shall take such meas9 6 -6 37 0 - 77 - 2
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ures as will insure the continuing accuracy of the membership roll.

(h) (1) Until after the initial election of tribal officers 

under the tribal constitution and bylaws, a person shall be 

a member of the tribe and his name shall be placed on 

the membership roll if he is living and if—

(A) his name is listed on the final membership

roll;

(B) he was entitled on August 13, 1954, to he on 

the final membership roll but his name was not listed 

on that roll; or

(C) he is a descendant of a person specified in 

subparagraph (A) or (B) and possesses at least onefourth degree of blood of members of the tribe or their 

Siletz Indian ancestors.

(2) After the initial election of tribal officials under 

the tribal constitution and bylaws, the provisions of the 

tribal constitution and bylaws shall govern membership in 

the tribe.

(c) (1) Before election of the Interim Council, verification of desccndancy, age, and blood shall be made upon 

oath before the Secretary and his determination thereon 

shall he final.

(2) After election of the Interim Council and before 

25 the initial election of the tribal officials, verification of
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descendancy, age, and blood shall be made upon oath before 

the Interim Council, or its authorized representative. A 

member of the tribe, with respect to the inclusion of any 

name, and any person, with respect to the exclusion of his 

name, may appeal to the Secretary, who shall make a final 

determination of each such appeal within ninety days after 

an appeal has been filed with him. The determination of the 

Secretary with respect to an appeal under this paragraph 

shall be final.

(3) After the initial election of tribal officials, the provisions of the tribal constitution and bylaws shall govern 

the verification of any requirements for membership in the 

tribe, and the Secretary and the Interim Council shall deliver their records and files, and any other material relating 

to enrollment matters, to the tribal governing body.

(d) For purposes of sections 5 and G, a member who 

is eighteen years of age or older is entitled and eligible to 

be given notice of, attend, participate in, and vote at, general council meetings and to nominate candidates for, to run 

for any office in, and to vote in, elections of members to 

the Interim Council and to other tribal councils.

Sec. 5 (a) Within fifteen days after the date of the 

enactment of this Act, the Secretary shall announce the date 

of a general council meeting of the tribe to nominate candidates for election to the Interim Council. Such general
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council meeting shall he held with in thir ty days after the 

date of the enactment of this Act. Within forty-five days 

after such general council meeting the Secretary shall hold 

an election by secret ballot, absentee balloting to be permitted, to elect nine members of the tribe to the Interim 

Council from among the nominees submitted to him from

such general council meeting. The Secretary shall assure

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tha t notice of the time, place, and purpose of such meeting 

and election shall be provided to members described in section 4(d ) at least fifteen days before such general meeting 

and election. The ballot shall provide for write-in votes. The 

Secretary shall approve the Int erim Council elected pursu ­

ant to this section if he is satisfied tha t the requirements of 

this section relating to the nominating and election process 

have been met. If he is not so satisfied, he shall hold 

another election under this section, with the general council 

meeting to nominate candidates for election to the Inte rim 

Council to be held within thirty days after such election.

(b) The Inte rim Council shall represent the tribe and 

its members in the implementation of this Act and shall be 

the actin g tribal governin g body until tribal officials are 

elected pursuant to section 6(c ) and shall have no powers 

other than those given to it in accordance with this Act. The 

Interim Council shall have full authority and capacity to 

25 receive grants from and to make contra cts with the Secre-
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tary and the Secretary of Health, Education, and Welfare, 

with respect to Federal services and benefits for the tribe and 

its members and to bind the tribal governing body as the successor in interest to the Interim Council for a period extending not more than six months after the date on which the 

tribal governing body takes office. Except as provided in the 

preceding sentence, the Interim Council shall have no power 

or authority after the time when the duly elected tribal 

governing body takes office.

(c) Within thirty days after receiving notice of a vacancy 

on the Interim Council, the Interim Council shall hold a general council meeting for the purpose of electing a person to 

fill such vacancy. The Interim Council shall provide notice 

of the time, place, and purpose of such meeting and election 

to members described in section 4(d ) at least ten days before 

such general meeting and election. The person nominated 

to fill such vacancy at the general council meeting who received the highest number of votes in the election shall fill 

such vacancy.

Sec. 6. (a) Upon the written request of the Interim 

Council, the Secretary shall conduct an election by secret 

ballot, pursuant to the provisions of section 16 of the Act 

of Jun e 18, 1934 (48 Stat. 98 7), for the purpose of adopting a constitution and bylaws for the tribes. The election 

shall be held within sixty days after the Secretary has—
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(1) review ed and updated the final m embership roll 

for accuracy, in accordance with sections 4 (a ), 4(b ) 

(l) ,a n d 4 ( c ) (1 ),

(2) made a final determination of all appeals filed 

under section 4 (c) (2 ), and

(3) published in the F ederal Register a certification 

copy of the membership roll of the tribe.

(b) The Int erim Council shall draft and distribute to 

each member described in section 4 ( d ), no later than thirty 

days before the election unde r subsection (a ), a copy of the 

proposed constitution and bylaws of the tribe, as drafted 

by the Interim Council, along with a brief, impartial description of the proposed constitution and bylaws. The mem ­

bers of the Interim Council may freely consult with members 

of the tribe concerning the text and description of the constitution and bylaws, except tha t such consultation may not 

be carried on within fifty feet of the polling places on the 

date of the election.

(c) In any election held pursuant to this subsection 

(a ), the vote of a majority of those actually voting shall 

be necessary and sufficient for the adoption of a tribal constitution and bylaws.

(d) Not late r than one hundred and twenty days after 

the tribe adopts a constitution and bylaws, the Interim Council shall conduct an election by secret ballot for the purpose of
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1 electing the individuals who will serve as tribal officials as

2 provided in the tribal constitution and bylaws. For the pur3 pose of this election and notwithstanding any provision in

4 the tribal constitution and bylaws to the contrary, absentee

5 balloting shall be permitted.

6 Sec. 7. (a) This Act shall not be construed as estab7 lishing a reservation for the tribe, but any reservation for

8 the tribe shall be established by an Act of Congress enacted

9 after the enactment of this Act.

10 (b) The Secretary shall negotiate with the tribe, or

11 with representatives of the tribe chosen by the tribe, con12 cerning the establishment of a reservation for the tribe, and

13 the Secretaiy shall, in accordance with subsections (c) and

14 (d ), develop a plan for the establishment of a reservation

15 for the tribe and shall submit such plan, in the form of pro16 posed legislation, to the Congress within two years after the

17 date of enactment of this Act. The appropriate committees

18 in each House shall give such proposed legislation priority

19 on their calendars.

20 (c) To assure that legitimate State and local interests

21 are not prejudiced by the creation of a reservation for the

22 tribe, the Secretary, in developing a plan under subsection

23 (b) for the establishment of a reservation, shall notify and

24 consult with all appropriate officials of the State of Oregon,

25 all appropriate local governmental officials in the State of
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Oregon and any other interested parties. Such consultation 

shall include the following subjects:

(1) the size and location of the reservation;

(2) the effect the establishment of the reservation would have on State and local tax revenues;

(3) the criminal and civil jurisdiction of the State 

of Oregon with respect to the reservation and persons on 

the reservation;

(4) hunting, fishing, and trapping rights of the 

tribe and members of the tribe, on the reservation;

(5) the provision of State and local services to the 

reservation and to the tribe and members of the tribe on 

the reservation; and

(6) the provision of Federal services to the reservation and to the tribe and members of the tribe and the 

provision of services by the tribe to members of the tribe, 

(d) Any plan developed under this section for the establishment of a reservation for the tribe shall provide that—

(1) any real property transferred by the tribe or 

members of the tribe to the Secretary shall be taken in 

the name of the United States in trust for the benefit of 

the tribe and shall be the reservation for the trib e;

(2) the establishment of such a reservation will not 

grant or restore to the tribe or any member of the tribe 

any hunting, fishing, or trapping right of any nature,
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including any indirect or procedural right or advantage, 

on such reservation;

(3) the Secretary shall not accept any real property in trust for the benefit of the tribe or its members 

unless such real property is located within Lincoln 

County, State of Oregon;

(4) any real property taken in trust by the Secretary for the benefit of the tribe or its members shall be 

subject to all rights existing at the time such property is 

taken in trust, including liens, outstanding Federal, State, 

and local taxes, mortgages, outstanding indebtedness of 

any kind, easements, and all other obligations, and shall 

be subject to foreclosure and sale in accordance with the 

laws of the State of Oregon;

(5) the transfer of any real property to the Secretary in trust for the benefit of the tribe or its members 

shall be exempt from all Federal, State, and local taxation, and all such real property shall, as of the date of 

such transfer, be exempt from Federal, State, and local 

taxation; and

(6) the State of Oregon shall have civil and criminal jurisdiction with respect to the reservation and persons on the reservation in accordance 'with section 1360 

of title 28, United States Code, and section 1162 of title 

18, United States Code.

96-63? 0 - 7 7 - 3
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1 (e) The Secretary shall append to the plan a detailed

2 statement describing the manner in which the notification

3 and consultation prescribed by subsection (c) was carried

4 out and shall include any written comments with respect to

5 the establishment of a reservation for the tribe submitted to

6 the Secretary by State and local officials and other interested

7 parties in the course of such consultation.

8 Sec. 8. The Secretary may make such rules and regula9 tions as are necessary to carry out the purposes of this Act.
15

United States Department of the Interior

OFFICE OF THE SECRETARY 

WASHINGTON, D C. 20240

JUL 1 2 1977

Ho norable Jam es Abourezk 

Cha irman, Sel ect Ccrrtnittee on 

India n Affai rs

Un ited States Sen ate 

Was hington, D.C. 205 10

De ar Mr. Chairman:

This re spo nds to your r eq uest for ou r vi ew s o n S. 1560, a bi ll 

"lb restore th e Co nfe derated Trib es o f Sil etz I ndians of Ore gon 

as a fed era lly re aog niz ed sover eig n Indian tribe, to rest ore to 

the Confederated Trib es of S ile tz Indian s of Or egon and its 

memb er s t hos e Federal serv ice s a nd b enefi ts fur nis hed to fed era lly 

recognized Ame ric an I ndi an tribes a nd the ir membe rs, an d for o ther 

purpose s."

We recommend that, wi th the exc eption of se cti on 7, S. 156 0 n ot 

be enacted, bu t th at th e enclosed dra ft, al ong wit h s ec tion 7 of 

S. 1560, be e nacted in o rd er to pr ovide more si mpl ifi ed pr oce dur es 

for res toration.

S. 156 0 wo ul d re store Fed era l rec ogn ition to the Conf ede rat ed 

Tribes of Siletz Indians a nd th ereby rest ore th eir eli gib ility 

fo r servic es and assist ance fr om the Department of the I nte rio r 

an d D epartment of Health, Educati on a nd Welfare. Th e bi ll do es 

no t est ablish a reservat ion f or th e tr ibe , bu t pr ovi des t ha t an y 

reservation f or the t ribe sh all be est abl ish ed b y an Act of Cong res s 

en acted subseque nt to e nactment of S. 1560.

Th e C onfederat ed Trib es of Sile tz Indi ans (here inaf ter "the Tribe") 

wa s am ong t he Wes tern Or egon Tri bes wh o we re ter minated purs ua nt 

to th e Act of Aug ust 13, 1954 (69 Stat . 724; 25 U .S.C . 691-708) 

as pa rt of th e term inati on poli cy se t ou t i n H. Con. Res. 108 of 

th e 8 3rd Congre ss. Af ter enactment of the 1 954 Act , al l r anainin g 

tribal la nd was so ld by the F ede ral Gove rnment . Sem e 37 acr es 

wh ic h had bee n u sed pr imarily f or a BIA agency an d a tribal c emetary 

we re tr ansferr ed to th e t ow n of Siletz, bec ause th e T ribe wa s una ble 

to pa y the requir ed property taxes. Tri bal acti vit ies ge nerally 

ceas ed and many triba l me mbers left the area.
16

The Tribe reorganized in the late 1960’s and incorporated as a 

non-profit corporation in 1973. The organization is ccrrposed of 

Siletz Indians living in Siletz, as well as those who left the area 

since termination. The Tribe is currently negotiating with the 

town for return of the 37 acres of land.

Recent studies indicate that the unemployment rate for Siletz Indian 

living in the former reservation area is 43.8%. The median family 

income for Siletz families in the area is $3,333.

In 1974, 44% of Siletz Indians between the ages of 17 and 25 had 

not finished high school. There is a high incidence of alcoholism 

among tribal mothers, and there are other health problems for which 

many members cannot afford medical care. Nearly 800 out of the 

929 persons listed on the Siletz termination roll of 1956 are still 

living and the current number of Siletz Indians are approximately 

between 1,500 and 2,000.

Cur support for restoration for the Siletz Indians is based upon the 

finding that the Siletz meet the following criteria: there 

exists an on-going, identifiable community of Indians who are members 

of the formerly recognized tribe or who are their descendents; their 

ocrrmunity is located in the vicinity of the former reservation; 

there exists an available land base which could be taken in trust and 

proclaimed a reservation; the group has continued to perform selfgoverning functions, either through elected representatives or in 

meetings of the group's general membership; there is wide spread 

use of their aboriginal language, customs and culture; there has 

been same deterioration in their socio-economic conditions since 

termination; and their conditions are more severe than in other 

adjacent rural areas or in comparable areas within the State.

Restoration woul d make a large difference to both individuals and 

the Tribe as a whole in that they would be eligible for such benefits 

as: certain BIA programs such as Johnson-O'Malley Act funds far 

elementary and secondary school children in the Siletz schools; 

and BIA scholarships for post-secondary education for tribal youths. 

Tribal members could receive health benefits throught HIW's Indian 

Health Service. The Tribe would be able to administer same BIA 

programs, which would provide jobs for tribal members, and it would 

also be eligible for certain BIA loan funds. While the Tribe does 

not seek the return of its Reservation under the bill, if it does 

eventu a l l y acquire the 37 acres, this land could, at a later date, 

go into trust and provide a focal point for tribal activities and 

identity.

We estimate the BIA program costs under the bill would be approximately 

$300,000 in the first year after enactment. Appropriations for these 

programs are authorized under existing law.
17

Our substitute draft bill would provide more simplified procedures 

for restoration. In addition, there is an existing organization 

("The Confederated Tribes of Siletz Indians") incorporated under 

Oregon Law with a 9-member elected board of directors who serve 

three year terms with 3 members being elected each year. This board 

can serve as the tribal council until the Siletz Indians organize 

and adopt a constitution and by-laws under the Indian Reorganization 

Act.

Section 7 of S. 1560 provides that the Secretary of the Interior 

shall negotiate with the tribes concerning the establishment of a 

reservation, develop a plan providing for such establishment, and 

submit it to Oongress as proposed legislation within two years of 

enactment of S. 1560. In developing the plan, the Secretary will 

notify and consult with appropriate State and local officials and 

other interested parties. Thus, section 7 of S. 1560 assures 

that the legitimate interests of State and local authorities will 

be considered in establishing a reservation for the Siletz Tribe, and 

we recommend that the section be retained together with our draft 

bill.

While we support enactment of legislation to restore the Siletz 

Tribe, the Federal government is developing criteria for restoration 

of terminated tribes.

The Office of Management and Budget has advised that there is no 

objection to the presentation of this report from the standpoint 

of the Administration's program.

Sincerely

SECRETARY CECIL D. ANDRUS

Enclosure
18

A B I L L

To r e s to r e th e F ed era l t r u s t re la tio n s h ip w it h , and F edera l s e rv ic e s and 

a s s is ta n c e to , th e C on fe de ra te d T ri b es of S ile tz In d ia n s of Oregon and 

to th e members th e re o f, and fo r o th e r purp ose s.

Be i t en ac te d by th e S en at e and House of R e p re se n ta ti v e s of th e U ni te d 

S ta te s of Am eri ca in Con gr es s as se m bl ed , Tha t t h is Act may be c ite d as 

th e " S ile tz R e sto ra ti o n A ct ".

Se c. 2 . (a ) The F ed era l t r u s t re la tio n s h ip i s he re by re s to re d to th e 

C on fe de ra te d T ri b es of S ile tz In d ia n s of Orego n ( h e re in a fte r someti mes 

re fe rre d to as th e "T ri b e") and th e p ro v is io n s of th e Act of Ju ne 18, 

1934 (48 S ta t. 984), as amended [25 U .S .C . 461 e t s e q .] a re made a p p lic a b le to i t s members. The T ri be and i t s members s h a ll be co nsid ere d as

a t r ib e and as In d ia n s fo r th e purp ose s of th e Ac t of November 2, 1921 

(42 S ta t. 208) [25 U.S .C . 13], th e Ac t of Au gust 16 , 1957 (71 S ta t. 370) 

[42 U .S .C . 2005-2 005f] , and any o th e r p re se n t o r fu tu re Act a p p li c a b le 

to F e d e ra ll y re cogniz ed In d ia n t r ib e s or th e ir members. Fo r purp ose s of 

e l i g i b i l i t y fo r s e rv ic e s or a s s is ta n c e un de r an y su ch A ct , or th e 

re g u la tio n s is su ed purs uant th e r e to , th e geo gra phic are a of th e fo rm er 

S ile tz R e se rv ati o n as i t was c o n s tit u te d on Au gu st 13 , 19 54 , s h a ll be 

co nsid ere d a s i f i t we re th e T rib e ’ s R e serv ati o n . For purp ose s of th e 

Ac t of Au gu st 16 , 1957 th e members of th e T ri b e s h a ll be deemed to be 

In d ia n s fo r wh ich h o s p ita l and m ed ic al ca re was bei ng pro vid ed by o r a t 

th e ex pe ns e of th e P u b li c H ealt h S erv ic e on Au gu st 16 , 195 7.
19

(b ) The p ro v is io n s of s e c ti o n s 7, 1 3 (a ), and 1 4 (b ), [25 U .S .C .

69 7, 7 0 3 (a ), and 70 4(b )] of th e Act o f Au gust 13 , 1954 (68 S ta t. 724), 

and any o th e r p ro v is io n s of sa id Ac t which a re not c o n s is ta n t w it h th is 

A ct , s h a ll h e r e a f te r not ap ply to th e T ri b e o r i t s members. S u b je ct to 

su b se c ti o n (c ) of t h i s se c ti o n th e re a re he re by r e in s ta te d a l l r ig h ts 

and p r iv ile g e s of th e T ri b e or i t s members un der F ed era l tr e a ty ,

E xec uti ve O rd er, ag re em en t, s t a tu t e , o r o th erw is e wh ich may ha ve be en 

d im in is h ed , l o s t , or d en ie d , p urs uant to sa id Ac t o f Au gust 13 , 19 54.

(c ) T his Ac t s h a ll n o t be co n str u ed to g ra n t or r e s to r e any hunti ng 

f is h in g , o r tr a p p in g r ig h ts of an y n a tu re to th e T ri be or i t s memb ers.

(d ) The p ro v is io n s of s e c ti o n 11 62, t i t l e 18 , U ni te d S ta te s Code, 

s e c ti o n 13 60, t i t l e 28 , U ni te d S ta te s Code, and s e c ti o n 403 (a ) of th e 

Act of A p ri l 11 , 1968 (82 S ta t. 79) [25 U .S .C . 132 3] s h a ll be a p p li c a b le 

to th e T ri b e , i t s me mb ers, and la n d s to th e same e x te n t a s su ch p ro v is io n s ap ply to o th e r t r ib e s , In d ia n s and In d ia n cou n tr y (e xcept th e Warm 

S pri ngs R ese rv ati o n ) in Oregon .

(e ) N ot hi ng in th is Ac t s h a ll a l t e r any p ro p e rt y r ig h ts o r o b lig a ti o n s o r an y c o n tra c tu a l r ig h ts o r o b lig a tio n s .

Sec . 3 . (a ) The Board of D ir e c to rs ( h e re in a fte r sometim es r e fe rr e d to as 

" th e Boa rd") of th e C onfe der at ed T ri b e s of S ile tz In d ia n s, In c o rp o ra te d , 

a c o rp o ra ti o n o rg aniz ed and o p e ra ti n g un de r th e laws of th e S ta te of 

Orego n, s h a ll se rv e as th e in te rim go ver nin g bod y of th e T ri b e fo r 

purp ose s of (1 ) d r a ftin g a pr op os ed c o n s titu tio n and by -l aw s fo r th e
20

Tribe (or for app ointing a committee to dr aft such documents), (2) 

entering into contracts, grant agreements, and other arra ngem ents with 

any Federal Dep artm ent or Agency (3) administ erin g, operating, 

subcontracting, subgranting, or other act ivit ies under such contracts, 

agreements, or arrangements. Any such contracts, agree ments , or arr ang ements shall not involve any financial obl iga tio n whic h could become an

obl igation of the Tribe.

(b) The Board may delegate to the Cha irm an and other officers of 

such Board such of its authorities under this Act as would be app ropriate for exercise by the chief executi ve officer or other such officials 

of a Federally recognized Indian tribe.

Sec. 4. (a) The mem ber shi p roll of the T ribe w hich was published in the 

Federal Register on J uly 20, 1956 is her eby d ecla red open. The Sec retary, under contract wit h the Confedera ted Tribes of Siletz Indians,

Inc., shall proceed to make current the roll in acc ordance with the

terms of this Act. The names of all enrollee s who are deceased as of 

the date of enactment of this Act shall be stricken. All perso ns shall

be added to the r oll who were entitled to be included on said roll of 

July 20, 1956, but who we re not, for w hat eve r reason, included on that 

roll. The names of any descendants of an enro llee shall be added to the 

roll provided such descendant possesse s at least one -fou rth degree 

Siletz Indian blood.

(b) Upon installa tion of elected cons tituti ona l officers of the

Tribe, the S ecreta ry and the Confederate d Tribes of Silet z Indians,
21

I n c . , s h a l l d e l i v e r t h e i r r e c o r d s , f i l e s , an d an y o th e r m a te r ia l r e l a t i n g 

to e n ro ll m e n t m a tte r s to th e c h ie f e x e c u ti v e o f f i c e r o f th e T r ib e . A ll

f u r t h e r w or k in b r in g in g an d m a in ta in in g c u r r e n t th e T r ib e ’ s r o l l , 

in c lu d in g th e d e te rm in a tio n o f m em ber sh ip in th e T r ib e , s h a l l be p e r ­

fo rm ed by th e T rib e in su ch a man ne r a s may be p r e s c r ib e d in a c c o rd a n c e 

w it h th e T r i b e 's g o v e rn in g docum ents . Th e c o n s t i t u t i o n an d byla w s o f 

th e T r ib e s h a l l p ro v id e t h a t a l l p e rs o n s l i s t e d on th e T r i b e 's r o l l 

p u rs u a n t to s u b s e c tio n (a ) o f t h i s s e c tio n s h a l l be me mb ers o f th e 

T r ib e , e x c e p t w here t h e i r e n ro ll m e n t was in e r r o r .

(c ) U n til r e s p o n s i b i l i t y f o r th e T r i b e 's r o l l i s as su m ed by th e 

T r i b e 's g o v e rn in g body, a p p e a ls fr om th e o m is sio n o r in c lu s io n o f an y 

nam e up on th e T r i b e 's r o l l s h a l l l i e w it h th e S e c r e ta r y an d h is d e t e r ­

m in a ti o n th e re o n s h a l l be f i n a l . Th e S e c r e ta r y s h a l l mak e th e f i n a l

d e te r m in a tio n o f e ac h su ch a p p e a l w ith in n in e ty d a y s a f t e r an a p p e a l i s

i n i t i a t e d .

S e c . 5 . Upon r e q u e s t fr om th e Boa rd o f D ir e c to r s o f th e C o n fe d e ra te d 

T r ib e s o f S i l e t z I n d ia n s , I n c . , th e S e c r e ta r y o f th e I n t e r i o r s h a l l

c o n d u c t an e l e c t i o n by s e c r e t b a l l o t , p u rs u a n t to th e p r o v is io n s o f th e 

A ct o f June 18, 1934, an d th e r e g u la tio n s is s u e d i n a cc o rd a n c e t h e r e ­

w ith , f o r th e p u rp o se o f d e te rm in in g th e T r i b e 's c o n s t i t u t i o n an d 

b y la w s. Th e e l e c t i o n s h a l l be h e ld w ith in s i x t y d a y s a f t e r f i n a l

c e r t i f i c a t i o n o f th e T r i b e 's r o l l .

S ec. 6 . [Sa me a s s e c tio n 7 o f H.R . 72 59 an d S. 1 5 6 0 .]

96 -637 0 - 77 - 4
22

STATEMENT OF RAYMOND V. BUTT£R, ACTING DEPUTY COMIS SICNER CF INDIAN 

AFFAIRS, DEPARTMENT CF THE INFERIOR, ON S . 1560, A BILL "TO RESTORE 

THE CONFEDERATED TRIB ES CF SU ET Z INDIANS CF OREGON AS A FEDERALLY 

RECOGNIZED SO/EREIGN INDIAN TRIBE, TO RESTORE TO THE CONFEDERATED 

TRIBES CF SILETZ INDIANS CF OREGON AND IT S MEMBERS THOSE FEDERAL 

SERVICES AND BENEFITS FURNISHED TO FEDERALLY RECOGNIZED AMERICAN 

INDIAN TRIBES AND THEIR MEMBERS, AND FOR OTHER PURPOSES". BEFORE THE 

SELECT CCM4ITTEE CN INDIAN AFFAIRS CF THE UNITED STATES SENATE 

r

 JULY 

13, 197 7.

Mr. C ha irm an and mem be rs o f th e C a im itte e , I am p le a s e d t o a p p e a r to d a y 

t o t e s t i f y cm S . 1560, t h e " S i l e t z I n d ia n T r ib e R e s to r a tio n A c t" .

W hile we s tr o n g ly s u p p o r t th e i n t e n t o f S . 1 5 6 0 , o u r r e p o r t on th e b i l l 

in c lu d e s a s u b s t i t u t e d r a f t w hic h s i n p l i f i e s t h e p r o c e s s o f r e e s t a b l i s h ­

in g th e C o n fe d e ra te d T r ib e s o f S i l e t z I n d ia n s an d r e s t o r i n g t h e i r e l i g i ­

b i l i t y f o r s e r v i c e s and a s s i s t a n c e fr om t h e B u re au o f In d ia n A f f a i r s and 

th e In d ia n H e a lt h S e r v ic e . In a d d itio n t o t e c h n i c a l d i f f e r e n c e s , o u r 

d r a f t d i f f e r s fr om S . 15 60 in t h a t i t d o e s n o t p r o v id e f o r th e e s t a b l i s h ­

m en t o f a s e p a r a te in t e r i m t r i b a l g o v ern m en t b e c a u s e t h e r e i s an e x i s t i n g 

o r g a n iz a tio n (" T he C o n fe d e ra te d T r ib e s o f S i l e t z I n d ia n s " ) in c o r p o r a te d 

u n d e r Ore go n Law w ith an e l e c te d b o a rd o f d i r e c t o r s who c an s e r v e a s th e 

t r i b a l c o u n c il u n t i l th e S i l e t z In d ia n s o r g a n iz e and a d o p t a c o n s t i t u t i o n 

an d byla w s u n d e r t h e I n d ia n R e o r g a n iz a ti o n A c t.

Th e S i l e t z I n d ia n s w e re among th e W este rn O re gon T r ib e s who w e re te r m in a te d 

in 19 56 p u rs u a n t t o t h e A c t o f A ugust 1 3 , 1954, a s p a r t o f t h e now 

re p u d ia te d te r m in a tio n p o lic y s e t o u t i n H ou se C o n c u rre n t R e s o lu ti o n 10 8 

o f th e 8 3 rd C o n g re ss .

Th e S i l e t z I n d ia n s re o rg a n iz e d in th e l a t e 19 60 *s a n d in c o r p o r a te d a s a 

n o n - p r o f it c o r p o r a tio n i n 1973. The o r g a n iz a tio n i s cc rr pose d o f S i l e t z
23

Indians livin g in Siletz and Lin col n County, Oregon, as we ll as those 

who have left the area. Nearl y 800 o ut of the 929 pers ons listed on 

the Siletz termination roll of 1956 are still livin g and the c urrent 

numbe r of S ile tz Indians has b een es tim ate d at betwee n 1,500 and 2,000.

The 300 to 400 Siletz Indians which are livin g in Linc oln Cou nty wil l 

be the p rincip al benefic iaries of the ree stablis hmen t of e lig ibi lit y 

for B IA services. They woul d be eligi ble for the benefi ts o f B IA 

pro gra ms such as Johnson-CMal ley Ac t funds for el ementar y an d sec ondary 

school child ren in the Siletz school; and BI A higher edu cati on scho larships and financial aid for Adult Voc ati ona l Training. The Tri be woul d 

be abl e to adm inister these BIA programs under the In dian Self -Deter min ation Act. If t hey choose to not do so, the program s will b e a dmin istere d 

thru our Portla nd Ar ea Office.

Thi s con cludes my statement. I will b e p lea sed to respond to any que stions 

yo u may have.
24

STATEMENT OF RAYMOND V. BUTLER, ACTIN G COMMISSIONER,

BUREA U OF INDIAN AF FA IRS; ACCOMPANIED BY: RALPH

REESER, DIRECTOR, CONGRESSIONAL AND LEG ISLATIVE AF FA IRS

STAFF, BI A; AND SCOTT McELROY, ATTORNEY, SOLICITOR’S

OFFICE, INTERIOR DEPARTMEN T

Mr. Butler. Th an k you, Mr. Chairma n.

It is a p leasure for me to appear befo re the committee this morning 

to testify in s tro ng support of S. 1560.

We have, in our view, added some te chnical change s; in pa rti cu lar, 

they are changes rel ative to the recommended interim gov ernment— 

perhap s, using the gov ernmental body w hich they now have un de r i ncorpo ration in the State of Oregon as the int eri m gover nin g body.

Ou r reco mmendation to the committee in th at area, Senator, is 

largely based upon our experiences with a res toration act in which 

the re were conside rable time-consuming, difficult pro blem s in in stitut ­

ing the res toration comm ittee and the int eri m governm ent.

Mr. Chairma n, we realize that section 7 does not of i tse lf in any way 

esta blish a reservatio n. However, we are reco mmending to the committee for con sideration the a dm inistrativ e u tiliza tio n o f tha t res erv ation are a for the purposes of estab lishin g eligib ilit y crite ria in consultation w ith the people of th e Siletz N atio n.

Mr. Chairma n, th at would conclude my sum mary of the prepare d 

statement. I would be pleased to resp ond to any questions you may 

have.

Senator H atfield. I than k you fo r your sum mary, Mr. Butler.

Why do you believe this provision is necessary as a b asis f or d eterminin g eligib ilit y? Wh y is th at pro vision necessary?

Mr. Butler. Mr. Chairma n, it is necessary for us to estab lish certain 

elig ibility cri ter ia. I t is our suggestion and reco mmendation th at we 

use this g ene ral area.

We are char ged , with the Sup rem e Co urt decision in the Ru ez case, 

to esta blis h wh at is commonly ref erred to as an on or near reservatio n 

criterion fo r eli gib ilit y of services. Hence, Mr. Chairma n, it wo uld be 

our recomm endation th at we utilize t hat ge ographical are a purely for 

admi nis tra tiv e purposes in assisting the tribe , if they wish to co ntr act 

for the services under the provision of Public Law 93-638 or for ad ­

mini str ati ve purpo ses, if they wish us to pro vid e the services directly.

Senator H atfield. Mr. Bu tler, for the record, in no way does this 

langua ge, the n, con stitute or create a reservatio n for the Siletz?

Mr. Butler. No, sir.

Senator Hatfield. In no way?

Mr. Butler. Ne ith er in int ent nor in any oth er way.

Senator H atfield. Nor does it in any way imply a congressional 

inten t to so establish a reserv atio n, say, in the futur e?

Mr. Butler. Abs olutely none, sir. We would be total ly gui ded by 

the provisi onal language of section 7 on that.

Senator H atfield. In yo ur s tatem ent you recommend more sim plified proced ures f or restoration.

Could you elaborate on th at statem ent and tell us wh at these procedures mi gh t be?
25

Mr. Butler. Ba sica lly, Mr. Ch airma n, it ha s to do w ith th e c reation 

of the int eri m form of gov ernm ent. It is our un derst andin g th at the 

Sile tz peop le now have an org anized u nit incorp ora ted under the State 

of Oregon laws which we would consider an d recognize as t hat interim 

form of governm ent.

So, neith er we nor the people th ere w ould need to go th roug h all of 

the election process, the close t ime frame s th at are e stab lish ed within 

the pro posed l egislation, for accommod ating the purposes of an in terim 

governm ent.

Se nator H atfield. La st, Mr. Bu tler, in your statem ent y ou say th at 

the Fe deral Governme nt is dev eloping national legislation for the 

res toration of all tribes nation wid e.

Wh en will this legi slation be ready fo r pre sen tation to Congress?

Mr. Butler. Mr. Chairma n, at the prese nt time we have d ra ft review 

ma ter ial which is in the hands of the Office of Manag ement and 

Bud get. We have complete d our inho use work withi n the bur eau and 

the De pa rtm ent of In terior and hav e set fo rth the option s to them. 

The y have them under cu rre nt con sideration at this time.

I would not be one to act ual ly set a date for my successor in office, 

who was nom ina ted y esterday, for con sideration by the Senate. Bu t it 

should lie in the not-too-dista nt futu re.

Senator H atfield. You have been very helpful. I appre cia te very 

much your succinctness as well, Mr. Butler. Th an k you.

I would like to call M r. A rthu r Bensell, who is the chair ma n of th e 

Tr iba l Council of the Confe der ated Tribe s of the Siletz India ns. He 

will be accompa nied by Mr. Charles Wilkinso n, Mr. Don Miller, and 

any oth ers he may wish to accom pany him.

STATEMENT OF ARTHUR BENSELL, CHAIRMAN, TRIBAL COUNCIL

OF THE CONFEDERATED TRIBES OF THE SILETZ INDIANS, ACCOMPANIED BY CHARLES WILKINSON, ATTORNEY; DON MILLER,

ATTORNEY; DEE PIGSLEY, AND ROBERT PAUL TOM

Mr. Bensell. Mr. Chairma n, we are very happ y to be here ag ain ; 

we did not think we would have to. I think the testimony th at we 

presented last year was very comprehensive and inclusive. We a re not 

offe ring an ything for the record bu t hope th at th at would sta nd and 

be sufficient.

I would like to say that I think you have covered very closely the 

benefits th at we would receive. We are not ask ing for a handout. The 

thi ng s th at we are ask ing for will be giv ing us tools which we can 

work with th at will help in pa rticul ar our you nge r people to become 

bette r citizen s of o ur coun ty, our Sta te, and the Un ited States. These 

are the thi ng s wh ich we are looking forward to.

I think edu cation is the most im po rta nt th ing th at we have.

We did not know un til about 2 m onths ago th at th ere would no t be 

a r ese rva tion clause in the bill. It was a th in g where we h ad to go back 

to th e tri be and decide wh eth er or not we would give u p th is rese rva tion 

plan .

But we agreed that the benefits th at we would receive from the health 

and ed ucation a nd oth er benefits were more im po rta nt. W e agre ed th at 

maybe we should go with the plan th at Congres sma n AuCoin had
26

come u p with, although we do n ot agree. We think a r ese rvation p lan 

is cen tral to our purp ose. Many of the gr an ts and moneys th at come 

down say th at you have t o live on or n ear a rese rvation .

I think th at if we can have some typ e, we hope th at , when we pu t 

th at piece of inf orma tio n in the bill, th at we would have to come up 

with the De pa rtm ent of the In terio r some plan. We hope th at th at 

would pass ver y quickly with a no the r bill.

We learned very ear ly th at in this bill we could no t have anything 

con trov ersial. Congressman Meeds brou gh t th at out very ear ly to us. 

So, we have tri ed to keep every thing—partic ularly the hu nting and 

fishin g issue is not in this bill. We m ain tained from the sta rt th at this 

bill would not be a hun tin g and fishing issue.

These people here , th at have come with me, know where we are 

going. We hope th at the bill will pass very quic kly and th at we w ill 

enjoy—maybe befo re t he end of the year—some of t he benefits that we 

have long sought.

I tha nk you. I hav e no more unless th ere are questions. T hese people 

with me will be ha pp y to answer any questions th at you may have, 

Mr. Chairm an.

Senator H atfield. Th ank you very much, Mr. Bensell.

I must say th at , havin g worked with you and your associates fo r a 

num ber of years, no t only on th is obje ctive bu t in gen eral In dian 

legislation and matt ers affecting the In di an people of this cou ntry, I 

know of no grou p th at has been more acco mmodating o r has yielded 

more on matt ers th at are im po rta nt to you in order to try to seek a 

common agreem ent and to comprom ise with opposing partie s. I wa nt 

to commend you.

Mr. B ensell. Than k you.

Senator H atfield. I t ha s been a most unu sual experience, this business of legisla tion . Frequentl y gro ups will dig th eir heels in and h ave 

only a myopic view abou t som eth ing; the y become totally insensitive 

to others who have a need.

I wa nt to commend you on the kin d of way in which you app roa ch 

this whole m atter.

Mr. Bensell. Tha nk you.

Senator H atfield. I do have one question. You heard a w’hile ago 

Mr. Bu tler, the Ac tin g Commissioner of the Bure au of In dian Affairs, 

recommend more simplified procedures fo r restoratio n. He suggested 

th at the Confe der ated Tribe s of the Siletz India ns, Inc., be reg ard ed 

as the g overn ing body. I believe the lan guage i s : “I n the interim period 

pr ior to the final res toration and election of a tri ba l gov ernment.”

Does the tribe fully su pp ort the provisi ons of the bill concern ing 

esta blis hment of th e interim council ?

Mr. Bensell. We do not have too much concern with w hat the people 

from th e BIA have recommended here toda y. Bu t we th ink politically 

th at it would lie bette r that we hav e an election so that everybo dy 

concerned—we ha ve gone with the bill the w ay it is. O ur people, when 

we left Orego n, said t his is what to do.

It would be be tte r to have an electio n than have the interim committe e. Th is committee is very pow erfu l and pro bab ly will be doing 

more work tha n the reg ular tri ba l council later on. They will lx* 

setting up bylaws and othe r things th at are quite im portant.
27

Se na tor H atfield. Mr. Wi lkin son or Mr. Miller , do you care to comment? Wo uld a ny of the folk s a ccompany ing you care to comment?

Mr. Wilk inson. Mr. Ch airm an , 1 th ink 1 wo uld offer jus t one v ery 

brief comment and pe rhaps no t go into gr ea t detai l on it.

Mr. Don alds on will have a pro posal la ter . I know you are well awar e 

of the gr ea t service Mr. Donaldson has mad e to the St ate of Oregon.

1 think all of us out there app rec iate that. He has been a breath of 

fre sh air in th at comm ission. So, th is is in no way inte nded as criticism 

of him.

W ha t has hap pen ed is th at the Fish and W ild lif e Commission has 

recycled the McKean amend ment of las t year. That is the proposal 

th at is being made.

In addition , to give it a new dress look, they have suggested th at, 

ra th er than the re be a Siletz Reservation, there be a Siletz histor ica l 

site.

Not only does th at str ike me as un fo rtu na te to th in k of the Sile tz 

as his tor ica l only, I think the trib e does no t at all look at itself th at 

way.

Ag ain witho ut going into detail, I th in k the idea of ha vin g an 

In dian tribe adm inistered by the National Par k Service un de r 16 

U.S.C. and bein g required to charge admission—which the statute does 

require fo r people to come onto what they would like to be a reserv atio n—does not make any sense at all. I think it would be a serious 

aberr ati on in the field of In dian policy.

The real problem here is th at the Fish and W ild lif e Commission 

is no t familiar with In di an policy and should not be ma kin g recom ­

me nda tion s th at would result in In dian tribes being adm inistered by 

the N atio nal P ar k Service.

I ju st say t ha t briefly. I wou ld be g lad to provide wr itten com ments 

later, altho ugh I hope it would not be necessary.

Senator H atfield. Tha t is in relati on to the he aring proc edure. 1 

mi gh t interject at th is po int t ha t we will use the heari ngs of last yea r 

as par t of our basic record. We will keep the hearing reco rd open for

2 weeks follow ing this h earin g, for any addition al wr itten statem ents 

that people may wish to offer to be inc orp ora ted in this pa rt of our 

he aring record.

Th an k you very much, lad ies and gentlemen.

Our next witn ess is M r. Jo hn Donaldson, director, State of Oregon 

Dep artm en t of F ish an d W ild life.

I welcome you here this mo rning. Mr. Don aldson, and tell you I 

would ra th er be in Oregon because o f this hea t and h um idi ty we have 

here.

Mr. Donaldson. Th ank you. Senator Hatfie ld. I agree with you 

about Oregon. I just flew in from Arizona, where it is 105°; so, it 

could be worse.

STAT EMENT OF JOHN R. DONALDSON. DIRECTOR, OREGON FISH AND 

WILDL IFE DEPARTMEN T

Mr. Donaldson. M r. Ch airma n, mv name is Jo hn R. Don aldson. I 

am directo r of Oregon Fish and Wild life De partm ent.

The Fish and Wild life Commission for the State o f Oregon h as requested th at I br ing to Wash ington and subm it int o the record a 

statem ent in oppo sition t o S. 1560.
28

I recognize your tim e con stra ints this mo rning, Mr. Chairma n. In 

defe rence to those, I will merely briefly sum up wh at the statem ent says 

and the n recommend to you the alt erna te situatio n th at we propose 

to you.

The issue still rem ains a very cri tical one for us of hu nting and 

fishing. We have experienced over the yea rs a num ber of difficult 

positions in court cases, pa rticular ly where State resources h ave been 

eroded by decisions th at have been un fav ora ble to the St ate’s rig ht and 

ability to manage fish and wildlife resources.

It is our desire th at the altern ate bill th at we hav e prop osed be at 

least strongly considered. It gives the health, education, and welfare 

needs th at we so recognize as necessary to the Siletz people. I t protects, we feel, the hu nting and fishing rig hts of all the citizens of the 

State of Oregon.

Mr. Wilkinso n has alread y allu ded to an addit ion al clause in our 

prop osal th at relates to a historic site and museum.

In sum mary, we are still very concerned about hu nting and fishing 

rights . Re cognizing th at in th e prese nt bill every effort has been m ade— 

I, too, com plim ent the Siletz people for bein g understandin g, willing , 

and able to neg otiate a p osition th at I know some o f th eir people feel 

extreme ly stro ng ab ou t; othe rs less so.

I have visited with these people on num erou s occasions and find 

them very d eli gh tfu l folk. It is ve ry difficult to be here in this position 

and tak e this stand. Bu t at t he same po int ou r commission feels th at 

we ab solutely must dig our heels in relativ e to hu nting and fishing.

Senator Hatfield. Mr. Donaldson, I appre ciate the role you are in. 

I have had sessions with some of your colleagues on this issue.

If you were con fronted with the follow ing hyp oth etic al situation, 

which is moving beyond a hypothe tical chara cte r and will soon become 

rea lity , I wou ld like to know yo ur feelings.

There a re two bills. One you have seen and are testi fying on today. 

It deals directly with one tribe in the St ate of Oregon with exp licit 

language as well as a legislative record firmly established say ing no 

pro ced ura l rig hts, no hu nting and fishing rig hts are gran ted or infer red or implied o r derived from t his bill.

Th ere is a second bill th at gr an ts res toration nationwid e to all 

Indian s witho ut the focus on the Sile tz or Oregon o r the hu nting and 

fishin g subject. It is jus t a gen eral natio nal piece of legislation. It is 

alread y drafted. I t has alread y been at the OMB. It will be coming 

into Congress. I would put my wa ger ing dollar s on the side th at it 

would pass.

What w ould be yo ur prefe rence?

Mr. Donaldson. Mr. Ch airma n, I think it is a lways much more desirable t o work close at home and work with friends. Wh en you work 

on the n ational scene. I think you have, as you recognize, a g rea t deal 

of problem s relative to Indian issues pa rti cu larly as they relate to 

hu nting and fishing. We have been ma jor losers in th at arena.

We feel, how’ever, t ha t it is the responsibility o f C ongress to resolve 

this problem. It is a problem th at was created as a national issue. It 

has now been literall y dumped upon the State s to suffer the burden. 

Fr an kly, we are very tired of this. It has cost us dear ly in time, ene rgy, 

and resource. It is the property of all the people.
29

To answer yo ur question quite sim ply, I w ould p re fe r to go with t he 

local sit uatio n unless, by some magna nim ous act, the natio nal leg islation were to be wr itten to pro vid e the thi ng s tn at we hold so de ar; 

th at is, the State s’ rig hts to ma nage hu nting and fishing rel ative to 

In dian reservations .

Senator H atfield. In th is bill we hav e v ery car efu lly and ex plicitly 

denied any hu nting and fishing rig hts at all. We hav e focused on the 

healt h and edu cation benefits. So, this is a he alth and edu cation bill. 

The res tor ati on is only the technica lity to qualify for those benefits.

Wh en you get a nation wide res tor ati on bill, you are going to be 

dea ling w ith a f ar dif ferent situation. I am o nly suggesting that I think 

the commission o ught to exercise some farsigh ted nes s a t this p oint an d 

see in t his bill, t hrou gh t he record and throug h the e xplicit langua ge, 

th at you c an be on the side o f t he In dian s and s till ret ain those rights 

th at are trad ition ally the St ates’ to a dm ini ste r the fish and game. When 

you beg in to deal with the forces of nation wide res toration, it is not 

so easy to ex tra polat e those specific issues which are near and dear to 

your he art because they inc orp ora te pro bab ly many oth er issues. Suc h 

a bill becomes, perha ps, more complex. Such a bill can become much 

more inclusive. All sorts of things can happen in th at kin d of legislative thicke t.

I am offering some fr ee counsel.

I suppose you mi gh t think I am offe ring you a choice here this 

mo rni ng sim ila r to th e choice given Lou is Agassiz when he w’as becoming a c itizen of thi s country . He was bein g queried by the n atur aliz ation official, who posed the question to him , “Do you believe in the 

ove rthrow o f the U.S . Governmen t by force o r violence ?”

He stopped and tho ught and tho ug ht. Fina lly he said, “B y forc e.”

So, I suppose you think I have given you th at kin d of a question 

this mo rning. Bu t I am n ot inten ding it in th at way at all. I just wa nt 

to bring focus to this rea lity tha t I think is dow n th e road a sho rt way.

Mr. Donaldson. I do u nders tan d, and I do appreicat e t he words you 

are giv ing here this mornin g. They will undoubtedly get back to the 

people in t he State of Oregon.

Senator H atfield. Jac k, it is good to see you.

Yo ur prep ared ma terial will be inserted into the reco rd if the re is 

no objection.

[M ate rial follow s:]
30

STATEMENT ON S. 1560

BY

OREGON FISH AND WILDLIFE COMMISSION

BEFORE THE

SENATE COMMITTEE ON INDIAN AFFAIRS

JULY 13, 1977

My name is Jack Donaldson. I am director of the Oregon Fish and 

Wildlife Department. The Commission has requested that the following 

statement in opposition to S. 1560 be read into the record as supplemental testimony to the record that was established at the congressional hearings of March 30 and 31, 1976.

The Oregon Fish and Wildlife Commission has gone on record as fully< 

supporting the legitimate aspirations of the Siletz Indians for 

health, education and welfare benefits. We are willing to assist 

them in those goals. We recognize however, that federal court deci ­

sions have held that certain Indian Tribes have federally-protected 

treaty rights to hunt and fish seperate from the non-Indian citizenry 

and outside of state regulations. We also recognize our responsibility to conserve the state's natural resources, and to enable the 

vast majority of the citizehs of Oregon to have an opportunity to 

equally share in the recreational and commercial use of these resources. 

We hope that you will be sympathetic to this concern.

A recent decision of a federal court, Kimball v. Callahan, holds that 

the Klamath Indians still have, by treaty, an exclusive ri^ht to hunt
31

and fish on their former reservation despite the fact that they were 

terminated in 1954 and subsequently sold their lands.

The Klamath case has inspired other terminated tribes in Oregon to 

claim that they have the right to unlimited hunting and fishing on 

their ancestrial lands. Although the Siletz Indians are not at this 

time claiming these rights, the Commission firmly believes that 

restoration of the Siletz tribe, as provided in S. 1560, provides a 

procedural advantage to the Indians when the issue is ultimately 

addressed. For example, recent federal court cases uphold the sovereign immunity of Indian tribes. In addition, Section 7, which will 

ultimately lead to the establishment of a reservation, directly 

challenges the state's jurisdiction over its resources and its 

citizenry. This goes beyond just hunting and fishing.

These issues are not local even though attention is now focused on 

the Siletz Indians. In Oregon alone about 6 million acres of land, 

of which only 1.4 million acres are within the former Siletz Reservation, were once in reservations of terminated Oregon tribes. 

Nationally, of course, the total land and water area within former 

reservations is significantly larger.

The Oregon Fish and Wildlife Commission strongly believes that the 

state must retain authority to manage and conserve its fish and 

wildlife resources in the interest of all citizens.

The trends that the federal courts are establishing which create 

separate Indian rights and multi-resource management authorities is
32

alarming to us and must be fairly addressed by Congress, on national 

basis. The deplorable situation that has existed on Puget Sound in 

the State of Washington for some 20 years illustrates the chaos that 

results when the state agencies lose their management control to a 

federal court. As this situation worsens the resource loses.

In opposing S. 1560 the Oregon Fish and Wildlife Commission does not 

want to jeopardize the stated objective of the bill, which is to 

grant Siletz Indians certain health, education, and welfare benefits 

that are now only provided to recognized tribes.

We are recommending an alternative bill which specifically provides 

social benefits to the Siletz people without restoring federal recognition to the tribe. A copy of that Bill is attached to this statement. In addition, the Commission supports the creation of a National 

Siletz Indian Historical Site and Museum, in Lincoln County, which 

will preserve the rich cultural history of the Confederated Tribes 

and will provide a sense of tribal identity for 'future generations.

Section 6 (a) of the proposed substitute bill expresses the strong 

belief of the Commission that Congress must begin to address the 

policy issue of the state's authority to equitably manage its fish 

and wildlife resources for all citizens.

Without this language we are headed for serious confrontations. 

Congress can help avert such actions by adopting federal legislation 

which maintains the state's authority and will compensate the Indian
33

tribes for any valid rights which may have been taken from them. Any 

obligation owed to the Indian people is a national one and must be so 

recognized. It cannot be satisfied solely at the expense of state 

resources and the non-Indian citizens residing in the state. The 

creation of special rights for a small group has led to resentment by 

the rest of the citizenry.

Thank you for the opportunity to present our position. I offer my 

assistance to this committee and to the members of the Oregon delegation in developing legislation that achieves adequate social 

benefits for Siletz Indians, yet maintains the state's authority over 

resource management.
34

PROPOSED SILETZ HEALTH, EDUCATION AND WELFARE ACT

BY

OREGON FISH AND WILDLIFE COMMISSION

JULY 10, 1977

f

To make the members of the terminated Confederated Tribes of 

Siletz Indians of Oregon eligible for those federal services 

and benefits furnished to federally recognized American 

Indian tribes and their members.

Be it enacted by the Senate and House of Representatives 

of the United States of America in Congress assembled, That 

this Act may be cited as the "Siletz Health, Education and 

Welfare Act."

Sec. 2. For the purpose of this Act --

(1) The term 'tribe" means the Confederated Tribe 

of Siletz Indians of Oregon.

(2) The term "Secretary" means the Secretary of the 

Interior.

(3) The term "Siletz Tribal Council" means the council 

who shall be elected pursuant to Section 5 of this Act.

Sec. 3. (a) Notwithstanding any other provision of

law, the provisions of the Indian Self-determination Act, 25 

USC s 450 et seq, are hereby made applicable to the tribe.

25 USC § 450 (b) is amended to read as follows:
35

Page 2.

" In d ia n tr ib e means any In dia n tr ib e , band, n a ti o n , or 

o th e r org anized gro up o r com munity . . . wh ich is re co gn ized 

as e lig ib le fo r th e specia l progra ms and se rv ic es pro vided by 

th e U nited S ta te s to In dia ns because o f th e ir sta tu s as In dia ns, 

o r any org anized gro up or com munity wh ich would be re co gn ized

but fo r th e Act o f Au gust 13, 1954, (68 S ta t 72 4-28 ; 25 USC

s 691 - 7 0 8 ). "

(b) In providing to the tribe the services to which 

it may be entitled pursuant to subsection 3(a) of this Act, 

the Secretary and the Secretary of Health, Education, and 

Welfare, as appropriate, are authorized, from funds appropriated 

pursuant to the Act of November 2, 1921 (25 USC 13); the Act 

of August 5, 1954 (68 Stat 674); the Act of January 4, 1975 

(88 Stat 2293); or any other Act authorizing appropriations 

for the administration of Indian affairs, upon the request 

of the tribe and subject to such terms and conditions as may 

be mutually agreed upon, to make grants and contract to make 

grants which accomplish the general purposes for which the 

funds were appropriated.

Sec. 4. Notwithstanding any other provision of law, 

any provisions in any statutes which provide federal health 

and educational benefits to federally recognized Indian 

tribes are hereby made applicable to the Confederated Tribes 

of Siletz Indians. The Tribe and the members of the Tribe 

shall be eligible for all federal health and educational 

services and health and educational benefits furnished to 

federally recognized tribes.
36

Page 3.

Sec. 5(a) Within fifteen days after the enactment of 

this Act, the Secretary shall announce the date of a general 

council meeting of the tribe to nominate candidates for 

election to the Siletz Tribal Council. Such general council 

meeting shall be held within thirty days of the enactment of 

this Act. Within forty-five days of the general council 

meeting provided for herein, the Secretary shall hold an 

election by secret ballot, absentee balloting to be permitted, 

to elect the membership of the Siletz Tribal Council from 

among the nominees submitted to him from the general council 

meeting provided for herein. The ballots shall provide for 

write-in votes. The Secretary shall approve the Siletz 

Tribal Council elected pursuant to this section if he is 

satisfied that the requirements of this section relating to 

the nominating and election process have been met. The 

Siletz Tribal Council shall represent the Siletz people in 

the implementation of this Act.

(b) In the absence of a completed tribal roll prepared 

pursuant to subsection (d) hereof and solely for the purposes 

of the general council meeting and the election provided for 

in subsection (2) hereof, all living persons on the final 

roll of the tribe published under section 3 of the Act of 

August 13, 1954 (25 USC 693), and all descendants, who are 

at least eighteen years of age and who possess at least one-
37

Page 4.

fourth degree of Siletz Indian blood, of persons on such 

roll shall be entitled to attend, participate, and vote at 

such general council meeting and such election. Verification 

of descendancy, age, and blood quantum shall be made upon 

oath before the Secretary or his authorized representative 

and his determination thereon shall be conclusive and final.

The Secretary shall assure that adequate notice of such 

meeting and election shall be provided eligible voters.

(c) If vacancies occur on the Siletz Tribal Council, 

the Siletz Tribal Council shall hold a general council 

meeting within thirty (30) days after receiving written 

notice of such vacancy. The Siletz Tribal Council shall 

give at least ten (10) days notice of such general council 

meeting. Any vacancy or vacancies shall be filled at such 

general council meeting after nominations have been made at 

such general council meeting. The person or persons receiving 

the highest number of votes shall fill the vacancy or 

vacancies. Eligibility to vote at such general council 

meeting shall be determined by the procedures provided for 

in subsection (b) hereof except that verification of des ­

cendancy, age, and blood quantum shall be made upon oath 

before the Siletz Tribal Council and their determination 

thereon shall be conclusive and final. The Siletz Tribal
38

Page 5.

Council shall assure that adequate notice of such neeting 

and election shall be provided eligible voters.

(d) The members of the tribe who are eligible to 

receive benefits under this Act shall be determined as 

provided in this section. The Secretary, under contract 

with the Siletz Tribal Council, shall proceed to make current 

the membership roll which was published in the Federal 

Register on July 12, 1356, in accordance with the terms of 

this Act. The names of all enrollees who are deceased as of 

the date of enactment of this Act shall be stricken. All 

persons shall be added to the roll who were entitled to be 

included on the roll of July 12, 1956 but who were not, for 

whatever reason, included on that roll. The names of any 

descendants of an enrollee shall be added to the roll provided 

such descendant possesses at least one-fourth degree Siletz 

Indian blood. Appeals from the omission and inclusion of 

any name upon the tribal roll shall lie with the Secretary 

and his determination thereon shall be final. The Secretary 

shall make the final determination of each such appeal 

within ninety days after an appeal is initiated.

Sec. 6(a) Notwithstanding any other provision of law 

or court decision, the State shall have the authority to 

regulate hunting, fishing and trapping by the tribe and its
39

Page 6.

members to the same extent and in the same manner as the 

State may regulate hunting, fishing and trapping by nonIndian persons.

(b) Nothing in this provision shall affect the 

right of the tribe to file any claim against the United 

States for compensation for any hunting, fishing or trapping 

rights .

Sec. 7. There is hereby created a National Siletz 

Historical site and appropriate cultural ‘luseum, to be 

located in Lincoln County, Oregon at a site to be selected 

by the Secretary with the approval of the Siletz Tribal 

Cou nci l.

Sec. 8. The Secretary is hereby authorized to make 

such rules and regulations as are necessary to carry out the 

provisions of this Act.

Sec. 9. There are hereby authorized to be appropriated 

such sums as may be necessary to carry out the provisions of 

this Act.
40

Senator H atfield. It is good to wo rk w ith you.

Mr. Donaldson. Th an k you. We will continu e to do so.

Senator Hatfield. We will.

Mr. Donaldson. W e have lots of thing s to do.

Senator H atfield. Tha t is rig ht.

Mr. Donaldson. We have a new fac ility in Newp ort and we are 

very excited abo ut aqu acu lture; it is extr emely important.

Senator Hatfield. I have a vision th at t hat is b ut an increm ent o f 

what I hope to see as one of the most comprehensive complexes for 

aqu acu lture resea rch in th e cou ntry.

Mr. Donaldson. If I may jus t ta ke a m oment, Mr. C hai rman. I have 

discussed with the Siletz people th is very idea of aquacu lture f or them. 

This, I thi nk , is an im po rta nt avenue fo r th em to pursue to wa rd usin g 

the sea th at the y have such a h istory in th e use of. W ith th at site there, 

I think this is a nice b eginning .

We are goin g to stimu late a quacu lture in the State o f O regon. Th is 

is the righ t way to go. It is a good way to use our resource and not 

have to use State dollars to furth er. I think the re is a nice tie here 

down the line. We would w’ork very closely here with the people no 

matter wh at develops in th e way of le gislation.

Senator Hatfield. T he poten tial is there. We have only developed 

five or six crops, as compared to dozens in oth er countries.

Mr. Donaldson. Tha t is true.

Senator H atfield. You have certa inl y been a leader in th is area 

yourself. I think th at is one of the assets w’e have in the State of 

Oregon, in looking down the roa d of aquacultu re; it is yo ur own 

bac kgroun d and experience.

Mr. Donaldson. T ha nk you.

I was talking to Mr. Ken nedy before this meeting. I men tioned 

th at I spend all too much time in things other than resource m ana gement. I am very anxious to get back to doing those very thing s I 

enjoy.

Senator H atfield. Th ank you, sir.

We have other material which has been sub mitted fo r the record. 

With ou t objection, it will be inserted in the reco rd at the conclusion of 

the h earing.

I th an k all of you for you r stateme nts.

Th e meeting is adjourned.

[Wher eup on, at 10:05 a.m., the meetin g -was adjou rne d.]

[The m ate ria l submitted to the committee for inclu sion in the record 

follows :]
S.1 560, H.R. 725 9— S ile tz In dia ns

STATEMENT OF LOUIS S. CLAPPER ON BEHALF OF THE NATIONAL WILDLIFE FEDERATION 

PRESENTED BEFORE THE SENATE SELECT COMMITTEE ON INDIAN AFFAIRS

Ju ly 13 , 1977

Mr. Ch air man, I am L ou is S. C la pper, C onse rv ati on D ir e c to r f o r th e N ati o n al

W il d li fe F e d e ra ti o n , which ha s i t s h e a d q u a rte rs a t 1412 S ix te e n th S tr e e t, N.W ., 

h ere in W as hi ng to n, D.C . Our s i s a p r iv a te , n o n -p ro fit o rg a n iz a ti o n wh ich 

se ek s to a t t a i n soun d co n serv a ti o n g o als th ro ugh e d u c a ti o n a l means. A f f i l i a t e s 

o f th e N a ti o n a l W il d li fe F ed era ti o n a re fo un d in a l l 50 s t a t e s , Guam, P uert o 

Ric o, and th e V ir g in Is la n d s . A f f i l i a t e me mb ers, a s s o c ia te members, and su pp o rte rs to g e th e r num ber mor e th an 3.5 m illio n in d iv id u a ls , ma kin g th e F ed era ti o n 

th e la r g e s t p riv a te c o n serv a ti o n o rg a n iz a ti o n in th e N ati on.

The N ati o n al W il d li fe F ed era ti o n i s co nc er ne d ab out c e r ta in a s p e c ts o f S.15 60 

and H .R .7259, b i l l s "To r e s to r e th e C onfe der at ed T ri b e s o f S ile tz In d ia n s 

of Ore gon as a fe d e r a lly re co gniz ed so v e re ig n In d ia n t r i b e , to r e s to r e to 

th e C onfe der at ed T ri b es o f S ile tz In d ia n s o f Orego n and i t s members th o se 

F ed era l s e rv ic e s and b e n e fits fu rn is h e d to f e d e r a lly re co g n iz ed Am erica n 

In d ia n t r ib e s and t h e i r members, and fo r o th e r p u rp o se s ." Our co nce rn s a re 

ex p la in ed more f u lly in th e b ala nce o f t h i s sta te m e n t.

A ttac hed i s a copy of a re s o lu tio n (n o. 20) ad opte d by our o rg a n iz a ti o n 

e a r l i e r t h is y e a r. T his re s o lu tio n recommends th a t th e Con gr es s d e fin e 

In dia n h u n ti n g and fis h in g r ig h ts , as s e t out in t r e a t i e s . F u rth e r, I t 

urg es th a t th e Co ng ress co nfi rm a u th o rity o f th e v a rio u s s t a te s to re g u la te 

o ff- re s e r v a tio n h u n ti n g and fis h in g a c t i v i t i e s , fo r In d ia n s an d n o n -I n d ia n s
42

alike, and reiterates its continuin g adhe renc e to the pri nci ple that just 

Indian claims should be compensated for by means other tha n discrim inat ory

allocations of n atural resources.

These principles, Mr. Chairman, apply to pr oble ms in ma ny parts of the 

Nation, not just Oregon or the Pacific Northwest. Cons equen tly, we fear 

that prov isions in S.1 560-H.R.72 59 wil l h ave implic ati ons extend ing far 

beyond the Siletz Tri be and the State of Oregon.

The National Wildlife Fed eration certainly would not wi sh to deny Feder al 

health, education a nd w elf are benefits to the Silet z people , supp osed ly 

the prime objective of the bills under con sid era tio n h ere today. However, 

we fear that some provisions in the bills wo uld set unf ort una te prece dent s 

whi ch we must oppose.

It is our opinion that recent Federal Court decisi ons have taken unfo rtunat e 

trends. One hel d that certain Indian tribes have federa tly -pr ote cte d treaty 

rights to hunt and fish whi ch provide them wi th pr ivi leg es not accorded 

others, and outside of state regulations. Further, a court found that a 

tribe still has exc lusive treaty hunt ing and fish ing rights on its former 

rese rvation even t hough the tribe is t erm ina ted and sells its lands. Obviously, 

the impl ications of these decisions are enormous, and we believe that the 

Congress should enu nciate a policy wh ich is n on- dis cri min ato ry to those

citizens who are ncin-Indians.
43

We a ls o f e e l th a t p ro v is io n s in S.15 6O -H .R .725 9 which r e l a t e to h u n ti n g , 

fis h in g , and tr a p p in g a re co n fu sin g . The w or di ng in S ecti o n 3 (c ) and S ecti o n 

7 (d )( 2 ) ap pea r in c o n s is te n t w it h S ecti o n 7 ( c )( 4 ) . And, d e s p it e th e d is c la im e r 

th a t t h i s Ac t w ill not e s ta b lis h a re s e rv a tio n fo r th e T rib e , i t c le a r ly 

a n tic ip a te s su bse quen t a c ti o n to do t h i s . And, u n le s s th e S ta te has th e

a u th o rity to r e g u la te , th e n o n -S il e tz c itiz e n s w ill s u f f e r . The b i l l s , as 

p re s e n tly draw n, o f f e r no su ch a ssu ra n ce.

In a l l candor, we b e li e v e th a t th e Burea u o f In d ia n A ffa irs and th e S o l i c i t o r 's 

O ff ic e o f th e O.S. Dep artm en t of th e I n t e r i o r a re wag ing a g g re ssiv e campai gns to lo dge th e re g u la ti o n of h u n ti n g and fis h in g in th e ha nd s o f th e 

v a rio u s T ri b es an d, in our o p in io n , t h i s i s n o t a de ve lo pm en t in th e o v e ra ll 

p u b li c I n t e r e s t .

To co ncl ude, we recommend th a t th e Con gr es s e n a c t an a lte r n a tiv e b i l l 

dev el op ed by th e Oregon F is h and W il d li fe Com mis sion in l i e u o f S.1 56 0-

H.R .725 9.

We a re a ls o a tt a c h in g a cop y o f an a r t i c l e in th e P o rt la n d OREGONIAN o f 

Ju ly 12 , 19 77 . T his a r t i c l e was au th o re d by H erb ert Lu ndy , a R eg io nal Dir e c to r o f th e N ati o n al W il d li fe F e d e ra ti o n and a member of th e Oregon F is h 

and W il d li fe Con mission . We b e li e v e i t ca n be o f m a te ria l im po rtan ce to th e

Members of th is Co mm ittee.

Thank yo u fo r th e o p p o rt u n it y of makin g th e s e o b se rv a ti o n s .
R e s o lu ti o n Mo. 20

INDIA jt TREATY RIGHTS

WHEREAS, v a r io u s In d ia n t r i b e s a r e a s s e r t i n g r i g h t s t o v a r io u s f i s h 

an d w i l d l i f e r e s o u r c e s , a s w e ll a s r i g h t s in an d to p u b lic and p r i v a t e 

la n d s a n d /o r th e ti m b e r and m in e ra ls lo c a te d th e r e o n ; an d

WHEREAS, man y o f th e r i g h t s a s s e r t e d a r e b a se d upon t r e a t i e s e x e c u te d 

betw ee n v a rio u s In d ia n t r i b e s and th e U n it e d S ta te s G ov er nm en t many y e a r s 

ag o wh en c o n d itio n s w ere v a s t l y d i f f e r e n t ; an d

WHEREAS, many o f th e a ssu m p ti o n s on w hic h th e s e t r e a t i e s w ere b a s e d , 

such a s th e i n e x h a u s t i b i l i t y o f c e r t a i n r e s o u r c e s , h av e p ro v e d to be 

in a c c u r a te ; an d

WHEREAS, d e c i s io n s by v a r io u s c o u r ts i n t e r p r e t i n g v a r io u s In d ia n 

t r e a t y p r o v is io n s r e l a t i n g to f i s h an d w i l d l i f e r e s o u r c e s hav e ma de th e 

e f f e c t i v e man ag em en t o f v a r io u s f i s h and w i l d l i f e r e s o u r c e s v i r t u a l l y 

im p o s s ib le ; an d

WHEREAS, th e la c k o f e f f e c t i v e m an ag em en t t h r e a t e n s , i n som e c a s e s , 

th e c o n ti n u e d e x is t e n c e o f c e r t a i n p u b li c ly -o w n e d f i s h an d w i l d l i f e 

r e s o u r c e s ; ,

NOW, THEREFORE, BE IT RESOLVED t h a t th e N a ti o n a l W ild lif e F e d e r a tio n , 

in a n n u a l m e e ti n g a sse m b le d M arch 2 4 -2 7 , 1 9 7 7 , in W ash in g to n , D .C ., 

h e re b y reco mmen ds t h a t th e 9 5 th C ongre ss ta k e im m edia te a c t io n to d e f in e 

In d ia n h u n ti n g and f i s h i n g r i g h t s , a s s e t o u t i n th e t r e a t i e s ; an d

BE IT FURTHER RESOLVED t h a t t h i s o r g a n iz a tio n u rg e s th e C ongre ss to

c o n fi rm a u t h o r i t y o f th e v a r io u s s t a t e s to r e g u l a t e o f j - r e s e r v a t i o n 

z

h u n ti n g an d f i s h i n g a c t i v i t i e s o f a l l A m eri cans — I n d ia n s an d n o n - 

In d ia n s a l i k e , f o r c o n s e r v a tio n p u rp o s e s ; an d

BE IT FURTHER RESOLVED t h a t th e N a tio n a l W ild lif e F e d e ra ti o n 

r e i t e r a t e s i t s c o n tin u in g a d h e re n c e to th e p r i n c i p l e t h a t j u s t In d ia n 

c la im s s h o u ld be com pensa te d f o r by s u i t a b l e mea ns o th e r th a n d is c r im in a to r y 

a l l o c a t i o n s o f n a t u r a l r e s o u r c e s .
45

Right of regulation

at issue for state

ByHER3ERTLUNDY

T ill OKI COS' fi sh and W iii'-fe

.j ir. ;*•

w of res:-.:*;,;.; of n-.nal star-* to toe 

Ccpftderated Tribe* of sne tn; 

e.'cpg »,to tie employ c ent. heaitn. 

welfare and educatic-n be nef it* received by fn dijpjc f 

recognised tr'-.bei 

— asthe senso rs 

4»tf advocate} of 

th e H a tf ie id - 

AsC oa ttt ti jt s K A ’ i\ - . y

is Congress. , f / J 

B it Direc to r j /

John Dcmldson of 

Ue department wii! LUNDY 

testify at interior

subcommittee hea nrrs of tbe V3. Senate and House this week is favor of a 

j'ubsti’.ute t il ! <or amendment) and 

tgt.u s: the Hatfie.d-AuColn measure* 

it :>!-• present frctr, Despite the cwtov 

* * a (a era te d ly rcH>fiiCtir.g stateRests by proponent* c<f and i-sseuters 

Is the re xl utirc *. the issue is clear 

enough u.

Le afy Is rt ll rt d t d ilo r jt V tt Orrf t sli t' s editorial pees aid ca rre sif y « 

O rm is r eZ l i t O n fis f is i am# HUdJ fe 

COCaiSSfOi

The state egewy tKponsib'.e f « 

e iu je c re s t and conservitooo of toe 

fish and wildlife of Oregon wan t* to 

prtven! the deveripmen: of divixve 

o s f-tts over 1oc.tr right* by tnemoep 

of s sect; or tut t bushing in law the right 

of the state to regulate tuts of fish and 

— w li'iife reswrrws. where no reservatt to exists, by In-d.irsand cM -’.rtoiins 

elwe.

Sec € of the proposed stiojn-rv-.t

« t :

.th$ es. Meric Hatfield and Rep. 

2 Its AuCoin hu e relate! to mciude in 

- the present and earner Silera remoraties bills. reads is follows:

"Sec. < i t No twiehstisdJcg any 

other provision of law or court Ce rtjro i 

tbe Sure shall have the authority to 

regulate hu rtirg . (.sting and trapp.ng 

?

 by the tribe and its members to the 

s ir e extent a ri tet the same manner as 

the State may regulate hunting. f.totog 

and trapping by ton-fndian persons.

TbJ X'rthtng ia Uhls provunou ihail 

affect toe eight of the tribe to file any 

Clara spiurst the United States for compensation tor ary hun ting . fishing or 

in pp trg rights. '

For the informa tion of those who 

carre is late for the StleU Indian r o s ­

ier:: ■

!s the I I Ms. after seme “ Indian 

trc.b:w.~ the l -S Cavalry rounSsd up 

Indians frost four major tribe* - the 

Tiih’.m.ooo Chetoos. Tu -to o nay and 

Al«a.‘ — aid IT other tribes tad 

group! end assigned then to i reservetor. with ag cc y h -.o ;qus rtrs at Sseu. 

Tbc reset'a t.'x e xrt b e tf by executive 

order of the resid ent was apprcxiira te ly S.< million acres, spreading 

from the crest of the Coast Range to the 

ocean. and from seven mi.es nw to of 

Lincoln C:iy to four miles south of Yachats - cities which C i sot toes cxiRTte treaty s e tti n g th e reservation 

sever v-as ratified ty Congress. Over a 

period of years, settlers tx a possession, 

as tid lumbermen. t r i the reservation 

<fw-ir.<ee Is the l$M s the asrwsiatratios and Congress ruto.Rbed to the 

pressures of as vsi-aeiy coa»iliM of Loca ls ate tcodor„.t prates and began to 

put into effect a pol.:;- cf ax Ls r.tsg 

rtse -.at rx s tufua^y vsder the ransrr 

of t nta: perssaderas is ISM . the tr.bai 

stats# of tie Slista confederation was 

tern uted by Congress, after i rconest 

was :et«ved from a count., net ting of 

cuv 35 ttdana. and w.t.nont a ba.ioc. 

secret or otnerw.se. anotg the #33 « 

so Ia ta n then sz the :;Us

its I?.M. t i t rtser.st:on acreage 

had shrurit to about T.S1U acres The 

th rita g e tor.t.nurd after ttr r.u L o s . 

ts the gotem.hxst st.d ai: but i? acres 

and Ln co l: Co.nty a;;n.rcc 3 acres 

for dumo uest taxes — leasnng 13 

arrts. tscludiag a cerx-tery at tie town 

of S tlfli.

The Hatful-d-AuCocr. ‘.tils art in-, 

ttndfc. oo5 to contort the or.g ini. row - 

sab.oo. hut to rer.o tt tribai r e rc iu ttx 

and the benefits available therefrom. 

The intent is comrr.tr.din.e. bat restorat;:n inevitably.affect* p ote rtit! Siieta 

claims not only fnr s e j- d e te rr .iu t; :: 

of hunting, fishing and tra np irg Ute 

gur-sdioiton of the Fish and 'AYZ’- f t OePitm en tg but water, mineral*, fo rts*, 

etc.

The new Ha'.f.cld-AnCuxn ttaolnuon 

cm.ts unzs dxe restocatex of a S:.tt2 

rrservxtioa s', merely postpones the 

:?r.e in art effort to reduce oppesrturo 

V ltn i statements that rtr.rratuoa of 

tn.hnl Kite# wnt hx t a reaervotous iih » 

approved by the Fl-sh and 'A'.idnfe Ccn> 

tr. s ri x) et m rv o the potential of S..cta 

tiiurns to exclusive or superior r.gh’J to 

tike htrd*. deer, elk silmon. steelhead, 

cutthroat trout and fzrbc an rt wltbout 

ra te sanction, simply * » - bot w a it

most arguing lor the identical 

KOQM <sd Semte restduhxs sometimes fi.1 entirely to say that Sec. T ' H 

rates that the secretary of the '.ster rr 

“ t h il l. . . develop a tia n tor the estobUihment of a reservation for the ir .o e 

ar.d !ha_ submit rs rt plan, la the firm 

of prepoed segualatos. to the Cocgrtss 

wv.hln two years after the date of 

enactment cf ton Art. The app-c-prute 

ccer.jstt'.ecs is each House shaii give 

rurh. proposed iegislat.nn prtcr.tv on 

to ri ’ ca rodara"

S ilt:: Ird an leaders estimate that 

drs-xadanta of the VXi on toe terr-naVpn roli in l ‘,M number between 1.133 

:.nd 3MC. down to oce-ruirte r p.:«i 

•e co;ii2 *c by :te *?:s spr-n Cd :'e>e. 

about J. .' in toe S l. tt i area. * ?3 .r. 

htnro.r. County, md toe rest are scottcred. Some of those in Lincoln Countyare owrers of land which could be pv’- 

co reservatioa status. C to « lands rcccid 

be aegei.-ed with toe help of the federal 

government.

Shooli a reservation be established, 

as setrus virtually certain after two 

years by the language of toe measures 

and present trib al sentie nt, hunting, 

fishing and mapping r ghts on the resetvatioe almost c rjunly would be assured. A court decision might also certify such rights fnr Sileto ’rxfcar.s offrtsc r-ation . although toe presant resolutions renocsce ric h cliim s. /

The federal courts is Oregon. Wa s^ 

fcgtos. California and oto.tr sa tts cocsis tcf.ly have upheld fr.iitrs claim* to ’ 

putdoor resource rights, after terminitics of reseruitiM j. Ir. toe Klamath 

case, the Xir.to Circuit Court of Appeal* 

ovtrrc.ed toe V S. Dtftorct Court ir. 

^R er tlts d and held that Klsmato Indians 

retained their rig ht to hrs : and fish 

w.toout regard to’state laws on the reservatioe they sold to toe U A government.

Some legal opinions are that toe SiJ e to case and the K iirn tt h case art Cf- 

/fe rre t ir. that toe Klamath* had t • 

treaty and the Siletx treaty was to ; 

’ ratified. But federai court m i hgs to other suit*. to:lu i.h g Maine, tnvpiv-ir.g 

•s bc rg inaf r. g hu ," leave this aui open 

question'

It is strarge that altorogh Silea 

leaders '..nsist that they tave no tn'.entinr, of trying to run toe.r own kunt.hg 

and fishing shnw afte r rcstorat.nn 

some of them art adamant a r tis t :a- ■ 

elusion of a section certifying toe Rate's 

i.to /or itv to manage and ccdser-e f.«; 

and wvichfe !k ail toe people, erua y

Congress-onal reccgmt.no state 

autfior.ty ir toe S ik ti tth *.' .-<*t:ra:.v: 

act w xto set an impomant greceotn: 

for legislation to clarify ind an ng by cn 

« national baiia. Such a n it era .aw 

wiP take a ix g tm » ;; c o m :; and toe 

Silfto need is now Cmpeus tene has 

the power to'act and It sm.'.d act in toe 

Interest of all c.Ltens wto4 p::v.i,.:g 

b e v f. ti ‘-a toe S.ieto l.-Zans » io art 

v.tr.Ims c-f carter mistaxes i t 'A'aanington. D C.
46

STATEMENT ON S 1560

BY

JOE H. LANE

TO THE SENATE COMMITTEE ON INDIAN AFFAIRS

ATTENTION: SENATOR MARK O. HATFIE LD, (OREGON)

MR. CHAIRMAN, AND MEMBERS OF THIS COMMITTEE:

My name is Joe H. Lane. I am a member of the Chetco Tribe of 

the Confederated Tribes of Siletz Indians, the immediate past 

Chairman of the Confederated Tribes of Siletz having served two 

terms in this capacity, and respectfully ask that this statement 

be entered into the record. My purpose in presenting this written 

testimony to this Committee is to affirm my position of supporting 

legislation which will restore to my people health, educational 

and welfare benefits available to recognized tribes across this 

nation, but oppose S 1560 in its present form.

My opposition is to section 7 which provides a mechanism for 

the re-creation of a reservation at Siletz at a later date.

It is my firm belief that to once again create an Indian Reservation 

in Lincoln County Oregon would be to turn the clock of history 

backward, and instead of assisting the Siletz people in preparing 

themselves educationally to become more competitive in today's 

job marketplaces which in itself would provide a solution to 

many of the social and economic problems they encounter today, a 

reservation would place them in a government dependency syndrome 

destroying incentive to improve the quality of life.

Those not aware of the sad plight of the American Indian need
47

only to study the report of the Indian Policy Review Commission.

The data in the report has been known to Indian leaders across 

our nation many years prior to the creation of the Commission. 

Reservations have not solved the social and economic problems 

for their people, indeed, unemployment rates are reported as high 

as 64%, the incidence of suicide among young people 3 and 4 times 

higher than the rest of the populace, severe problems in hunger and 

malnutrition, neglect in the delivery of health care for people 

of all ages, and acute problems with alcoholism and drug abuse.

Indian leaders constantly seek federal programs in an effort to 

combat these calamitous situations.

I submit that the real help to the Siletz, will be the opportunities 

for college, trade and technical school educational programs.

Programs such as the Indian CETA programs are woefully inadequate, 

reach but a tiny percentage of those in need, and are in effect 

only a temporary short-term welfare type of program which in most 

cases does little or nothing for the participant bu t postpone 

drawing of unemployment insurance benefits until a later date. While 

some are helped, most are not.

Further, I submit that the vast majority of the members of the 

Confederated Tribes of Siletz do not live in Siletz or even in 

Lincoln County, are not interested in nor would benefit from a 

reservation in Siletz. Less than one-fourth of the estimated 1700 

to 1800 descendants live in Siletz, and many of those living in 

Siletz do not want a reservation there!

Having studied the proposed Siletz Health, Education and Welfare Act
48

submitted to this Committee for consideration as an alternative 

to S 1560 by the Oregon Fish and Wildlife Commission, I cannot 

support S 1560 in its present form, and I respectfully urge this 

Committee to adopt the proposed bill as submitted by them. Not 

only does it provide the objectives originally sought by the Tribes, 

but under Section 7 creates a National Siletz Historical site 

and appropriate cultural museum which many Indian people, myself 

included, have long wanted to someday realize.

It is for the above mentioned reasons that I hope that this Committee 

will, in its wisdom, not turn the hands of the clock of history 

backward by creating or allowing the creation of a reservation in 

Lincoln County which w ould further handicap the Siletz Indian people 

by segregating them with a psychological fence around them which is 

sure to destroy incentive and hope. History has amply proven that 

those who "broke away" from dependecy upon the government for their 

livelihood and welfare are today responsible citizens making 

contributions to the communities in which they live.

I therefore respectfully urge this Committee to adopt the Siletz 

Health, Educational and Welfare Act as proposed by the Oregon

Fish and Wildlife Commission.

Most Respectfully Submitted

335 S.e. 43rd St., Portland, Oregon 97206

Telephones: Residence (503)771-1231;Office (503)284-1508
49

(Save Oregorfe R es ou rces Today Inc.

J u ly 11 , 1977

T o: Senat e I n t e r i o r and I n s u la r A f f a ir s C om m itte e;

S ubcom m itte e on In d ia n A f f a ir s

Fr om : F o rre s t L . M e u re t, V ic e P re s id e n t and L e g is la t iv e D ir e c to r o f SORT

RE: P le ase add t h is su p p le m e n ta l m a te r ia l to th e re c o rd o f my te s ti m o n y 

o f J /3 1 /7 6 , p e r t in e n t to S 2801, S ile t z r e s t o r a t io n .

P le ase r e f e r to th e co nce rn s o f Save O re g o n 's R eso urc es T oday, In c . as s e t 

f o r t h in te s ti m o n y on . / /3 1 / 7 6 . We c o n tin u e o p p o s it io n to b o th HR 725 9, 

and S 15 60 , u n le s s amended to g ra n t th e S ta te th e r ig h t to r e g u la te h u n tin g 

and f is h in g e q u a ll y f o r a l l r e s id e n ts .

We s u p p o rt th e Orego n F is h and W ild lif e C om m is sio n 's p o s itio n and t h e ir 

s u b s t it u te b i l l . Th os e b i l l s now b e in g h e a rd , o n ly postp on e th e r e s e r v a tio n 

q u e s tio n f o r tw o y e a rs , and do n o t r e lie v e o u r co nce rn t h a t f is h in g and 

h u n tin g bey on d th e r e g u la to r y pow ers o f th e s ta te m ig h t o c c u r. D e n ia l o f 

su ch in t e n t io n s , by c u r r e n t S ile t z sp ok es men , does n o t b in d t h e ir c o u s in s 

o r so ns, u n le s s s p e ll e d o u t in la w . We la c k c o n fi d e n c e th a t e it h e r th e 

Congre ss o r c o u rts ha ve as in tim a te a c q u a in ta n c e w it h th e la c k o f c o n s e rv a tio n in re s e r v a tio n h u n tin g and f is h in g p r a c tic e s as we have.

Sportsm en pa y a l l o f O re g o n 's t e r r e s t r i a l w i l d l i f e b u d g e t, and f i v e ti m e s 

as much to w ard th e f is h e r y b udget as a l l o th e r u s e rs com bin ed, and ta k e 

o n ly abo u t on e f i f t h o f th e f i s h . Mo re th a n h a lf o f th e s t a t e 's a d u lt 

p o p u la tio n i s li c e n s e d sp ort sm en . Th ey s u p p o rt a s e rv ic e and s u p p ly 

in d u s tr y mo re th a n a hundre d ti m e s g r e a te r th a n O re g o n 's t o t a l c o m m erc ia l 

f is h e r y r e c e ip ts , in c lu d in g In d ia n , and outn um ber o th e r u s e rs a h un d re d 

and f i f t y ti m e s .

We f a i l to u n d e rs ta n d how one man, w h e th e r In d ia n o r n o n -In d ia n , s h o u ld 

ha ve th e r ig h t to mo re f i s h th a n a n o th e r. We h o ld th a t an ad ra mou s f i s h 

sh ou ld b elo n g to th e c o u n try o f o r ig i n , and th a t a l l who s u p p o rt th e f is h e r y 

by b u y in g a li c e n s e sh o u ld ha ve e q u a l r i g h t to p u rs u e a re a s o n a b le l i m i t 

f o r p e rs o n a l u s e . P e rs o n a l use f is h e r y s h o u ld be re c o g n iz e d as th e o ld e s t 

and h ig h e s t t r a d it io n , and s h o u ld e n jo y p r i o r i t y . Th os e who se ek mo re Lh..n 

th a t p e rs o n a l sh are s h o u ld be lim ite d to th o s e f i s h t h a t a re e it h e r s u rp lu s 

t o , o r u n a v a il a b le t o , th e p e rs o n a l use f is h e r y . No on e sh o u ld h u n t comme r c ia l ly . In d ia n s sh o u ld be lim it e d th e same as e v ery o n e e ls e .

I t sh ou ld be n ote d t h a t th e p e rs o n a l use f is h e r y i s p a y in g in fe e s , 36 tim e s 

as much p e r po un d o f f is h h a rv e s te d , as do es th e c o m m erc ia l f is h e r y in 

O re gon. The In d ia n f is h e r y is p a r t o f th e c o m m erc ia l f is h e r y . Sportsm en 

a re th e m a jo r ity s to c k h o ld e rs in b o th nu mbe r and in v e s tm e n t, and a re 

s u b s id iz in g a l l o th e r s .

To th o se who th in k th e R e s to ra tio n B i l l i s n o t th e v e h ic le w it h w hic h to 

d e a l w it h h u n tin g and f is h in g r ig h t s q u e s tio n s , l e t the m p ro v e go od f a i t h 

by p a s s in g s a t is f a c t o r y h u n tin g and f is h in g le g is la t io n f i r s t , so th a t we 

need n o t d ou b t t h e ir in t e n t io n s . R e s to ra tio n ca n w a it lo n g en ou gh f o r t h a t .

Please note att ach men t and mater ial on the ba ck th ere of
(Save Oregorfe DesourcesTod ay he.

T Mr. Konval L. Meuret

J Houle I. Hox 224

I Madras. OR 9 7741

(A UA ugust 8 , 1976

To : S e n a to r Mar k 0 . H a t f i e l d ,

S e n a to r R o b ert Pa ck w oo d,

R e p r e s e n ta tiv e Ja m es W ea ver ,

R e p r e s e n ta tiv e Les AuC oi n,

R e p r e s e n ta tiv e Al U llm an,

R e p r e s e n ta tiv e Bob D un ca n, an d 

A ll C h a lle n g in g C a n d id a te s

From : F o r r e s t L. M eu ret, V ic e P r e s id e n t an d L e g i s l a t i v e D ir e c to r ol JUKI'

G entlem en :

We re a d an d h e a r t h a t th e S i l e t z R e s to r a tio n B i l l may be in th e p r o c e s s 

o f b e in g am en ded . One ru m or h a s i t t h a t th e p ro p o se d r e s e r v a t i o n be 

re d u c ed to 20 a c r e s , n o t a d ja c e n t to any s tre a m , an d w it h s u b s e q u e n t addi t i o n s e i t h e r b e in g p r o h i b i t e d , o r w it h la n g u a g e s p e c i f i c a l l y e lim in a tin g 

s p e c ia l h u n ti n g o r f i s h i n g r i g h t s th e r e o n .

We w is h to be on re c o rd t h a t we a r e a l s o u n a l t e r a b l y opposed to th e e s ta b 

li s h m e n t o f even one mo re in d e p e n d e n t o r auto nom ous I n d ia n , o r o t h e r , 

govern m ent w ith in th e S ta te o f O re g o n , w ith o u t in c lu d in g th e la n g u a g e o f 

th e "M cKean " am en dm en t.

Our o b s e r v a ti o n i s , t h a t in th o s e c ir c u m s ta n c e s w here in d e p e n d e n t t r i b a l 

g o v e rn m e n ts do e x i s t , an d c h o o se to is s u e r e g u l a t i o n s c o n tr a r y to th o s e 

o f th e s t a t e , an im p o s s ib le in fo r c e m e n t p ro b le m f o ll o w s .

I t i s n o t w hat th e fra m e rs o f th e b i l l , l e g i s l a t i v e c o u n s e l, I n d ia n 

a t t o r n e y s , U. S . S o l i c i t o r s , o r C o u n se l f o r th e L ib ra ry o f C o n g re ss s a y s 

a b o u t th e p ro p o s e d l e g i s l a t i o n t h a t c o u n ts . We have le a rn e d th e h a rd way 

t h a t ~ i s w hat any p a r t i c u l a r F e d e r a l Ju d g e s a y s t h a t t e l l s th e t a l e .

P le a s e n o te th e m a te r ia l on th e b ack o f t h i s l e t t e r .

S in c e r e ly
51

F is h in g and H u n ti n g P r o v is io n s o f 

T re a ty o f th e T rib e s o f M id d le O re gon, 1855

»nd upon which the bounce coinun:liMii.'icrs tlnw scli'. t c l nmy »»iw , 

fur Mini Indians, instead of 

.</«», Tlmt tin-. xi-liisin- u nlit

Ju dge B o ld t re w ro te th e t r e a t y . lie r e in te r p r e te d th e w ord s " in common 

w it h " to mean th a t o f f r e s e r v a tio n f is h in g by In d ia n s c o u ld n o t be 

re g u la te d by th e s ta te s , th a t th e In d ia n c o u ld -fis h a t a l l ti m e s f o r 

c e re m o n ia l and s u b s is ta n c e p u rp o se s and mus t be g u a ra n te e d an o p p o rtu n ­

i t y to c a tc h 50% o f th e h a rv e s ta b le re m a in d e r d e s tin e d f o r t h e ir u s u a l 

and acc ust om ed ( o f f r e s e r v a tio n ) s t a t io n s . He l e f t no m a c h in e ry f o r 

s to p p in g th e In d ia n a t 50%, le a v in g no g u a ra n te e f o r anyone e ls e .

T h is in t e r p r e t a t io n does n o th in g f o r th e ra n k an d f i l e In d ia n . O n ly 

a bo u t on e In d ia n in t h i r t y f is h e s . I f we c o n s id e r th e t o t a l nu mbe r o f 

In d ia n s in th e s ta te s o f Id a h o , Ore go n and W a s h in g to n , and th e t o t a l 

nu mbe r o f o th e r c it iz e n s , th e Judge ha s s a id t h a t th e In d ia n i s e n t it le d 

to more th a n 150 f i s h to one f o r th e n o n -In d ia n , b u t i f we c o n s id e r o n ly 

th e fi s h e rm e n , th e In d ia n fi s h e rm a n i s g iv e n a b o u t 1300 f i s h to one f o r 

th e n o n -In d ia n fi s h e rm e n . Sportsm en a re f in d in g i t h ard to b e lie v e th a t 

g u a ra n te e in g th e In d ia n 1 ,3 00 f i s h , in th e a p p lic a b le a re a s , and n o t g u a ra n te e in g th e sport sm an h is o n e , i s r e a lly f is h in g " in common w it h " , o r 

i s w hat th e t r e a t y in te n d e d . N e it h e r do we f e e l th a t we a re f is h in g in 

common w it h , whe n th e e n t ir e C olu m bia and many o f th e la r g e r t r i b u t a r i e s 

a re c lo s e d to us f o r c o n s e rv a tio n re a s o n s , b u t th e In d ia n c o n tin u e s to 

ta k e la rg e q u a n itie s o f f i s h f o r s a le , m e re ly by s t a t in g th a t he i s 

f is h in g f o r s u b s is ta n c e . We a re e s p e c ia ll y d is tu r b e d when th e f i s h he 

c o n tin u e s to ta k e , d e s p it e th e c lo s u r e , a re d e s p e ra te ly nee de d f o r sp a w n in g .

Sportsm en a re a ls o d is tu r b e d a t th e c o n tin u in g pro paganda b a rra g e de ­

p ic t in g th e In d ia n as a c o n s e r v a tio n is t c a p a b le o f r e g u la tin g h im s e lf.

Th os e e d u c a te d , p e rs o n a b le , and e lo g u e n t In d ia n sp ok es men who re p re s e n t 

t h e ir t r ib e s in p u b lic a re u n d o u b te d ly c o n s e r v a tio n is ts , b u t th e In d ia n 

fi s h e rm e n on th e banks o f th e r i v e r a re n o t. They w i l l ta k e th e la s t 

f i s h . T r ib a l r e g u la tio n s a re n o t e n fo rc e d , and so f a r a p p e a r to be 

m o s tl y windo w d re s s in g . E x t in c tio n iS fo r e v e r , eve n when a c c o m p lis h e d 

by an In d ia n fis h e rm a n .

E qual h u n tin g and f is h in g m ust be s p e ll e d o u t in any In d ia n le g is la t io n .
52

July 13, 1977

Teno Roncalio Sub-Committee on India n 

Affairs House Committee on Interior 

and Insular Affairs

308 Cannon

House Office B uilding 

Washington D.C. 20515

Gentlemen:

Please consider this letter Formal testimony and commentary 

on H.R. 7259 and S. 1560, identically entitled as the Siletz 

Indian Tribe Restoration Act, set forth as follows:

The Title of the two Bills is misleading, inaccurate and 

not respectful to the numerous tribes placed upon the p ermanent Siletz Reservation under the Act of March 3, 1875, 

and specifically named in the Executive Order of November 

9, 1355, by then, President Pierce.

The records will show that many of the members of the final 

approved Roll are successors to the Ratified Treaties of 

September 10, amended November 15, and ratified Ma rch 3, 1855, 

10 Stat 1018, with the Rogue River Shastas, and the ScotonChasta under the treaty dated November 18, 1854, and ratified, 

March 3, 1855 10 Stat, 1122, which provided for Permanent 

Reservation Homes, if moved from the Tablerock Reserve near

Medford, Orego n.

The quantum of 1/4 degree Siletz Indian blood set forth in 

Section 4 (b) (c) is not compatible to the policy and standards 

implemented by the Tribal Officials prior to Termination (see 

enclosure #1. "Exhibits "H", "K", and "L", regarding membership 

requirements). It is requested that blood quantum be deleted 

in this sub section until a proper Constitution is adopted by 

members and successors on the Final Approved Roll.

The records show that members of the Siletz Reservation under their Constitution and By-laws voted to exclude themselves 

from the provisions of 25 USCA, Sections 461-4 79, for reasons
53

Page two 

July 13, 1977

that wil l be presented to your committees at a later date, 

if requested.

The present Organization described as Confederated Tribes of 

Siletz is not functioning under the Old A dopted Constitution, 

which was presumably approved in 1949 by an Assistant Secretary 

of the Interior and lost in the Area Office, Swan Island, 

Portland, Oregon, in 1949.

This was told to me by m y Great Uncle, Alfred Land, Sr. som 

of Scott Land, Sr. I have learned that over 50% of the Indian 

Tribes in the U.S. are not under 25 USCA, 461 - 479, but still 

receive benefits through the B1A and other Federal Agencies.

There are exceptions in those two bills under Section 3 (a) 

that would become difficult to fulfill by the li mitations 

imposed in the exception Clause "19 and 20", and the "notwithstanding clause at line 24, page 2 and line 1 of page

Subsection 3 (b) and (c) cannot be tolerated under the Treaty 

stipulations stated heretofore.

The f ollowing landmark cases are set forth for indulgence and 

evalution before there are any attempts to Legislate away 

Perpetual Treaty and Reservation Rights construed in these 

landmark cases, V 12.

Menomonee vs U.S., 341 U.S. 404, 88 SCT 1705, Treaty at Wolf 

River, 1854, 10 Stat 1064, in which there was no mention of 

Hunting or Fishing (The Reservation as a home, is to be held 

as Indian lands are held). "Termination and Public Law 280 

must be considered pari- materia and does not overcome the 

Treaty and Reservation Home.)

Kimball etal vs Callahan Ftals., Case No. 79-1512, 9th, Cir.

Ct. Februray 26, 1974. "The Treaty gave plaintiffs the right 

to hunt and fish without State interference, due to subsequent 

ruling in Menominee vs U.S."

Ref cases - vis U.S. Vinans, 198 U.S. 371, 80, 81, Set 1905 

viz: "Its what that unlettered people understood that Language 

to Mepn and counter poise the inequity by the Superior Justice 

which looks only to substance of the right witho ut regard to 

the technical rules, U.S. vs V/ashington, C.A. Washington 1975 

Re. U.S. vs Washington 520 F 2nd, at page 676.

"Treaties b etwe en the U.S. and the Indian Nations were not a 

grant of Rights to the Indian but rather a grant of rights from 

them and a reservation of those not granted."

Strong U.S. vs 518 pages 556, Where Congress has by Treaty or 

Statute conferred upon the Indians or acknowle dged in the 

Indians the right to pe rmanently occupy and use land, then
54

Page three 

July 13, 1977

the Indians have a right or title to land which has been 

variously referred to in court decisions as “treaty title" 

"Reservation title” , Recognized Title and "acknowledged Title".

City of Newtown, N. D. , vs U.S. CA. N.D. 1972, 454 P and 121. 

"Purpose to abrogate treaty right of Indians is not to be 

lightly imputed to Congress."

Sec. 7 (a) does not establish a reservation for us and vzould 

delay receiving development funds and bu siness loans for at 

least five more years afte r the Secretary approves the new 

Roll, Constitution, and completes the Appeals and Hearings 

as set forth in succeeding section 5,6,7.

Section 7 (c) 4, and (d) (2) is an OVERKILL again on our 

Treaty and Reservation, Hunting and Pishing Rights. It is 

requested that any reference negatively set forth in these 

two Bills regarding Pishing, Hunting and Trapping be Deleted 

by reasons set forth prior, relating to our Ratified Shasta 

Treaties and the above stipulated annotations.

Section 7 (d) (6) is a contradiction to the Indian selfdetermination Act, P.L. 93-638. and contradict policies of 

this Congress and is a Bill of attainder in denying us the 

right to vote on State jurisdiction as p rovided in the 1968 

Indian Civil Rights Act, which amends sections 1360 of Title 

28 and to section 1162 of Title 18 and w hich protected our 

Treaty and Reservation Rights for Pishing, Hunting, and Tr apping.

Reference is made to enclosure # 2, A letter to Governor 

Straub setting forth the serious ommissions provided in 25 USC, 

sections 694 and 695 regarding transfer of our Tribal property 

to a Corporate Legal Entity. This has not b een accomplished 

as of this date.

Pive sections of land were held in reserve unde r the Act of 

August 14, 1894, ratifying the sale of 178,840 acres of the 

Siletz Reservatio n for 750 an acre. $100,000 was to be placed 

on trust deposit, but disappeared without benefit to our 

people.

It is requested that these two companion Bills, H.R. 7259 and 

S. 1560, be tabled indefintely, until a productive investigation is made to determine the d isposition of the five sections 

of land held in reserve under the Act of August 14, 1894.

Gentlemen, the Act of 1834 to regulate trade and intercourse 

was carried over into the Act of June 5, 1850, authorizing 

Treaties with India n tribes.
55

Page four 

July 13, 1977

The Oregon Territorial Act contained similar provisions; 

and was further carried over into the Enabli ng Act creating the State of Oregon.

All we want is equal rights unde r these Acts to protect 

our Treaties and Agreements which have been provided Indian 

Tribes elsewhere, regarding Hunting and Pishing Rights and 

not be i ntercoursed from these time prove n sources of sur ­

vival as depicted in these two Restoration Bills.

My Grandfather, John Adams, was recently featured in an 

article from the Oregon Territorial News, concerning his 

efforts to preserve the Siletz Reservation. Other leaders 

of the Shasta and Rogue River Tribes placed on the upper 

Siletz River, Reservation District, such as George Harney, 

Ned Evans, Hoxie Simmons and David John, also boycotted the 

meeting on the old Government Hill at Siletz, whic h maste rminded the sale of the valuable timbered Siletz Reservation 

for 750 an acre by Government Agents, who furn ish gallons of 

illegal whis key to the attending Indians and headmen.

It is therefore, requested that the members of the House 

and Senate Committees on Interior and Insular Affairs give 

personal attention to the fa r reaching impact. These Bills 

will have on other Indian Tribes throughout the United 

States in setting such a dangerous precedent against the 

Human Rights of Amer ican Indians.

Enel:

Membership Cri ter ia’s 1/8 degree 

Ltr to Governor Straub 

Map of W estern Oregon
56

CONGRESSIONAL BUDGET OFFICE

U.S. CONGRESS

WASHINGTON, D.C. 20515

Alice M. Rlvllh

Director

August 2, 1977

The Honorable James Abourezk 

Chairman

Select Committee on Indian A ffa irs 

U.S. Senate

1105 Dirksen Senate O ffice Building 

Washington, D.C. 20510 

Dear Mr. Chairman:

Pursuant to Section 403 of the Congressional Budget Ac t of 1974, the Congressional 

Budget Office has reviewed S. 1560, a bill to restore the Confederated Tribes of Sile tz 

Indians of Oregon as a federally recognized sovereign Indian tribe, to restore to the 

Confederated Tribes of Siletz Indians of Oregon and its members those Federal services 

and benefits furnished to federally recognized American Indian tribes and th eir members, 

and for other purposes, as reported by the Select Committee on Indian Affairs, August 2, 

1977.

Based on this review, it appears tha t no additional cost to the government would be 

incurred as a direct resu lt of enactment of this bill. However, this bill would make the 

Siletz Indians elig ible for benefits under a number of discretionary federal programs. 

Thus, while no add itional expenditures are mandated by the bill, the relevant federal 

agencies can be expected to seek additional funds in order to provide such benefits.

Sincerely,

Alice M. Rivlin 

Director

o