Oregon Blue Book: Oregon's Indian Tribes

Oregon's Indian Tribes

Saddle horses in Harney County. (Photo courtesy Kat Sutphin)

General description of Oregon's Indian tribes
Oregon Native Americans speak of being in this area now called Oregon “from time immemorial.” Archaeological evidence from different areas of the state provides information about villages and traditional lifeways dating back many thousands of years.

Native American tribes represent unique legal entities in the United States and are distinct political communities with extensive powers of self-government. Oregon tribes are separate sovereigns with powers to protect the health, safety and welfare of their members and to govern their lands. This tribal sovereignty predates the existence of the U.S. government and the State of Oregon. Since 1924, all Oregon Indians are also citizens of the U.S.

Oregon’s Indian population, according to the 2000 U.S. census, was 45,211, with a current estimate of 50,000. Close to 50 percent of those are members of Oregon tribes; the others are members of tribes in other states, members of non-recognized tribes, or those who self-identify as “Indian” for the Census. Oregon’s Indian population is about 1.6 percent of the total Oregon population. There are Native Americans in all 36 Oregon counties.

The federal Bureau of Indian Affairs, within the Department of Interior, is the primary agency with responsibility to protect tribal interests and administer trust obligations. At times, the federal government has been both supportive of tribal self-determination and also has adopted policies and passed legislation having a negative impact on the ability of tribes to govern as viable sovereigns. One such policy in the 1950s was called “Termination,” which was an attempt to sever federal trusteeship and support for tribal sovereignty. Of the 109 tribes and bands terminated nationwide, 62 were native to Oregon. In 1975, the federal government recognized the failure of its termination policy and passed the Indian Self Determination and Education Assistance Act, which gave tribes the opportunity to contract with federal agencies for services previously provided by the federal government. Shortly after passage, several tribes which had been terminated in the 1950s mounted efforts to restore their sovereign nations using the Indian Self Determination and Education Assistance Act and other available authority. The Confederated Tribes of Siletz was the second tribe in the nation to achieve restoration in 1977, followed by the Cow Creek Band of Umpqua Indians in 1982, the Confederated Tribes of Grand Ronde in 1983, the Confederated Tribes of Coos, Lower Umpqua and Siuslaw in 1984, the Klamath Tribes in 1986 and the Coquille in 1989.

In addition to these six tribes, there are three other federally recognized tribes in Oregon: Confederated Tribes of Warm Springs (Treaty of 1855), Confederated Tribes of Umatilla (Treaty of 1855), and the Burns Paiute Tribe (established by Executive Order in 1972). There are two other entities within Oregon with federal recognition. Ft. McDermitt Paiute Shoshone Tribe is a federally-recognized tribe centered in Nevada with reservation lands in Oregon. Celilo Village is a federally-recognized Native American community located near The Dalles. It is jointly administered by three tribes: Warm Springs, Umatilla and the Yakama Indian Nation (Washington).

All Oregon tribal governments have reservation or trust land created by treaties or federal acts. These are lands over which tribes have regulatory authority unless that authority has been removed by Congress. About 875,000 acres, or 1.4 percent of land within Oregon’s boundaries, are held in trust by the federal government or are reservation lands. Like other sovereigns, tribes have the authority to decide their own “membership” qualifications and have a right to exclude individuals from their reservations. Just as the state does not tax federal lands, federal or local governments, or non-profits, tribal governments are not subject to state tax. However, all Native Americans as individual citizens pay federal taxes and most pay state taxes, with the exception of those who live and work on a reservation or earn money on reservation/trust land or from trust resources.

The State of Oregon does not have civil or criminal jurisdiction at Warm Springs or Umatilla. These are “non Public Law 280” tribes, referring to a federal law that gave the state certain civil and criminal jurisdiction over other tribes. Notwithstanding Public Law 280, all Oregon tribes have the authority to elect their own governments and adopt laws and ordinances. Oregon tribes have their own departments dealing with governmental services and programs in the areas of natural resources, cultural resources, education, health and human services, public safety, housing, economic development, administration, and other areas. Cow Creek is the only tribe currently without its own court system, but it remains involved in issues of adoption or foster care of tribal members, juvenile justice, and the methamphetamine epidemic.

Passage of the National Indian Gaming Regulatory Act (NIGRA) in 1988 created the opportunity to build gaming centers on reservation or trust land. The gaming centers operate in accordance with the NIGRA and a compact negotiated with the State of Oregon. Besides providing employment opportunities for tribal members and citizens of surrounding communities, revenues from these tribal enterprises go towards health clinics, education, scholarships, housing and other services. All Oregon tribes are striving to diversify their revenue streams and are actively pursuing other avenues for generating revenue. Cow Creek, for example, operates Seven Feathers Truck and Travel Center, a recreational vehicle park and a graphic design business. Coquille has ORCAS Communications, the assisted living facility Heritage Place, and organic cranberry production. The Siletz operate two RV Parks, a golf course, a gas and mini-mart, and an office park. Umatilla operates an RV Park and golf course, Tamastslikt Cultural Institute, a Truck Plaza, and has a large energy-related business in development. Such enterprises have made these tribes some of the largest employers in their respective counties, generating tax-paying employees benefiting local communities and the entire state.

Oregon tribes differ markedly in population, lands and location. Burns Paiute has the smallest population with 349 and Grand Ronde the largest with 5,111. Coquille has a population of 888, Coos, Lower Umpqua and Siuslaw has 884, and Cow Creek has 1,471. Umatilla has 2,719 enrolled members. Klamath Tribes members number 3,669. Warm Springs has 4,306 members and Siletz has 4,574.

The Warm Springs Reservation is 644,000 acres, and Umatilla has 172,882 acres in tribal lands. Klamath has 556 acres, and Coos, Lower Umpqua and Siuslaw has close to 200. Burns Paiute has 13,736 acres and Cow Creek has 4,245 with 1,538 in trust. The Coquille has 6,827 acres, the Siletz has 4,108, and the Grand Ronde has 11,964. Most Oregon tribes are “confederations” of three or more tribes and bands. Each tribe’s area of interest may extend far beyond the tribal governmental center or reservation location. The federal government acknowledges that many tribal members are not on tribal lands and allows for tribes to provide certain governmental programs in specified service areas. For example, the Confederated Tribes of Siletz service area includes 11 Oregon counties: Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill.

Since 2001, Oregon has operated on a government-to-government relationship with Oregon tribes as directed in ORS 182.162–182.168. This statute codifies Executive Order 96-30 signed by Governor Kitzhaber in 1996. Oregon law requires state agencies to develop and implement policies to include tribes when state agency policies and programs affect tribal interests, and to have a key contact for state/tribal relations to promote communication and positive government-to-government relations. The law requires training, an annual summit, and an annual report to the governor and the Legislative Commission on Indian Services on state agency interaction with tribes.

The Legislative Commission on Indian Services has developed the Oregon Directory of American Indian Resources, a guide to provide information about and for Oregon’s Indian population. Copies of this directory are available at www.leg.state.or.us/cis along with more detailed information about state/tribal relations, Indians and Indian organizations, and Oregon Tribes.

Source
Legislative Commission on Indian Services
Address: 900 Court St. NE, Rm. 167, Salem 97301
Phone: 503-986-1067
Fax: 503-986-1071
Web: www.leg.state.or.us/cis

Web links to federally recognized Oregon tribes
Burns Paiute Tribe
Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians
Confederated Tribes of Grand Ronde
Confederated Tribes of Siletz
Confederated Tribes of Warm Springs
Confederated Tribes of Umatilla Indian Reservation
Cow Creek Band of Umpqua Indians
Klamath Tribe
Coquille Tribe