An Act 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 puropses.
PL 95-195 (S.1560), enacted 11/18/1977

PUBLIC LAW 95-195—NOV. 18, 1977 
91 STAT. 1415 
Public Law 95-195 
95th Congress 
An Act 
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. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the "Siletz Indian Tribe Restoration Act". 
SEC. 2. For the purposes of this Act— 
(1) the term "tribe" means the Confederated Tribes of Siletz 
Indians of Oregon; 
(2) the term "Secretary" means the Secretary of the Interior or 
his authorized representative; 
(3) the term "Interim Council" means the council elected pur-
suant 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; and 
(5) the term "final membership roll" means the final member-
ship; 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 of June 18, 1934 (48 Stat. 984) as amended, 
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 bene-
fits furnished to federally recognized Indian tribes. Notwithstanding 
any provision to the contrary in any law establishing such services or 
benefits, eligibility of the tribe and its members for such Federal serv-
ices 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) Except as provided in subsection (c), all rights and privileges 
of the tribe and of members of the tribe under any Federal treaty, 
Executive order, agreement, or statute, or under any other authority, 
which were diminished or lost under the Act of August 13, 1954 (68 
Stat. 724), are hereby restored, and such Act shall be inapplicable to 
the tribe and to members of the tribe after the date of enactment of 
this Act. 
(c) This Act shall not grant or restore any hunting, fishing, or trap-
ping right of any nature, including any indirect or procedural right 
or advantage, to the tribe or any member of the tribe, nor shall it be 
construed as granting, establishing, or restoring a reservation for 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. 
Nov. 18. 1977 
[S. 15601 
Siletz Indian 
Tribe Restoration 
Act 
25 u s e 711 note. 
Definitions. 
25 u s e 711. 
Federal 
recognition. 
25 u s e 711a. 
25 u s e 461. 
Federal services 
and benefits, 
eligibility. 
Effective date. 
Rights and 
privileges, 
restoration. 
25 u s e 691. 
Hunting, fishing, 
or trapping rights 
and tribal 
reservation, 
nonrestoration. 
91 STAT. 1416 
PUBLIC LAW 95-195—NOV. 18, 1977 
Open 
membership roll. 
25 use 711b. 
Verification 
oaths, 
determination. 
Appeal and 
determination. 
Records, files, 
and materials, 
delivery to tribe. 
Franchisement. 
Interim Council 
members, 
nomination and 
election. 
25 u s e 711c. 
Meeting, notice. 
Write-in votes. 
Approval. 
SEC. 4. (a) The final membership roll is declared open. The Secre-
tary, the Interim Council, and tribal officials under the tribal constitu-
tion and bylaws shall take such measures as will insure the continuing 
accuracy of the membership roll. 
(b) (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 
(A) his name is listed on the final membership roll; 
(B) he was entitled on August 13,1954, to be on the final mem-
bership 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 one-fourth degree of blood of 
members of the tribe or their Siletz Indian ancestors. 
(2) After the initial election of tribal officials under the tribal consti-
tution 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 
descendancy, age, and blood shall be made upon oath before the Secre-
tary and his determination thereon shall be final. 
(2) After election of the Interim Council and before the initial 
election of the tribal officials, verification of 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 tie exclusion 
of his name, may appeal to the Secretary, w^ho 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 
tril3al constitution and bylaws shall govern the verification of any 
requirements for membership in the tiibe, 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 6, 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 forty-five 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 council meeting shall be held within sixty 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 mem-
bers of the tribe to the Interim Council from among the nominees 
submitted to him from such general coimcil meeting. The Secretary 
shall assure that 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. Tlie 
ballot shall provide for write-in votes. The Secretary shall approve 
the Interim 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. If he is not so satisfied, he shall hold 
PUBLIC LAW 95-195—NOV. 18, 1977 
91 STAT. 1417 
another election under this section, with the general council meeting to 
nominate candidates for election to the Interim Council to be held 
within sixty days after such election. 
(h) The Interim Council shall represent the tribe and its members 
in the implementation of this Act and shall be the acting tribal gov-
erning 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 receive grants from and to make contracts with the Secre-
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 gov-
erning body takes office: Provided^ That no authority to make pay-
ments under this Act shall be effective except to such extent or in such 
amounts as are provided in advance in appropriation Acts. 
(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 June 18,1934 (48 Stat. 987), for 
the purpose of adopting a constitution and bylaws for the tribes. The 
election shall be held within sixty days after the Secretary has— 
(1) reviewed and updated the final membership roll for accu-
racy, in accordance with sections 4 (a), 4(b) (1),and4(c) (1), 
(2) made a final determination of all appeals filed under section 
4(c) (2), and 
(3) published in the Federal Register a certification copy of 
the membership roll of the tribe. 
(b) The Interim Council shall draft and distribute to each member 
described in section 4(d), no later than thirty days before the election 
under 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 
members of the Interim Council may freely consult with members of 
the tribe concerning the text and description of the constitution and 
bylaws, except that 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 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 later 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 electing the individuals who 
will serve as tribal officials as provided in the tribal constitution and 
Interim Council. 
Functions. 
Services and 
benefits, grantii 
and contracts. 
Council 
vacancies. 
Election, notice. 
Constitution and 
bylaws, adoption. 
Secret ballot, 
request. 
25 u s e 71 Id. 
25 u s e 476. 
Roll, review. 
Certified copy, 
publication in 
Federal Register. 
Copies and 
description, 
distribution. 
Consultation. 
Tribal officials, 
election by secret 
ballot. 
91 STAT. 1418 
PUBLIC LAW 95-195—NOV. 18, 1977 
Reservation, 
establishment. 
25 u s e 711e. 
Plan, negotiation 
with tribe and 
approval. 
Submittal to 
Notification and 
consultation. 
Plan provisions. 
Real property in 
trust. 
bylaws. For the purpose of this election and notwithstanding any pro-
vision in the tribal constitution and bylaws to the contrary, absentee 
balloting shall be permitted. 
SEC. 7. (a) Any reservation for the tribe shall be established by an 
Act of Congress enacted after the enactment of this Act. 
(b) Inasmuch as the reservation of the tribe has been terminated, 
the Secretary shall negotiate with the tribe, or with representatives of 
the tribe chosen by the tribe, concerning the establishment of a reserva-
tion for the tribe and shall, in accordance with subsections (c) and (d) 
and within two years after the date of enactment of this Act, develop 
a plan for the establishment of a reservation for the tribe. Upon 
approval of such plan by the tribal officials elected under the tribal 
constitution and bylaws adopted pursuant to section 6, the Secretary 
shall submit such plan, in the form of proposed legislation, to the 
Congress. 
(c) To assure that legitimate State and local interests are not preju-
diced by the creation of a reservation for the tribe, the Secretary, in 
developing a plan under subsection (b) for the establishment of a res-
ervation, shall notify and consult with all appropriate officials of the 
Stat« of Oregon, all appropriate local governmental officials in the 
State of 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 mem-
bers 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 reserva-
tion for the tribe; 
(2) the establishment of such a reservation will not grant or 
restore to the tribe or any member of the tribe any hunting, fish-
ing, or trapping right of any nature, 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, out-
standing indebtedness of any kind, easements, and all other obli-
gations, and shall be subject to foreclosure and sale in accordance 
with the laws of the State of Oregon; 
PUBLIC LAW 95-195—NOV. 18, 1977 
91 STAT. 1419 
(5) the transfer of any real property to the Secretary in trust Taxation, 
for the benefit of the tribe or its members shall be exempt from exemption, 
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 jurisdic-
tion with respect to the reservation and persons on the reserva-
tion in accordance with section 1360 of title 28, United States 
Code, and section 1162 of title 18, United States Code. 
(e) The Secretary shall append to the plan a detailed statement Statement, 
describing the manner in which the notification and consultation pre- appendage to 
scribed by subsection (c) was carried out and shall include any writ- pla°-
ten comments with respect to the establishment of a reservation for 
the tribe submitted to the Secretary by State and local officials and 
other interested parties in the course of such consultation. 
SEC. 8. The Secretary may make such rules and regulations as are 
necessary to carry out the purposes of this Act. 
Rules and 
regulations. 
25 use 711f. 
Approved November 18, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-623 accompanying H.R. 7259 (Comm. on Interior and Insular 
Affairs). 
SENATE REPORT No. 95-386 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Aug. 5, considered and passed Senate. 
Nov. 1, considered and passed House, amended, in lieu of H.R. 7259. 
Nov. 3, Senate concurred in House amendment.