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and bands of Indians which comprise the Siletz Tribe. Based upon information and investigation, this list may be added to or names removed there from by Tribal Council resolution. (d) Successor Tribe. Based on scientific analysis and inquiry and legal policy analysis, the Siletz Tribe declares that it is the successor tribe in interest to those tribes and bands listed in subsection (b). This declara tion is based upon the scientific and legal conclusion that the tribes and bands listed therein moved as distinct political units to the Siletz Reservation and continuedtheir existence on the Siletz Reservation as part of the confed eration of tribes and bands which comprise the Siletz Tribe. In some cases other Indian tribes may have a com panion claim or connection to successor tribe status to the tribes and bands listed in subsection (b). The Siletz Tribe declares that successor tribe status as defined herein is not necessarily exclusive. The Siletz Tribe declares that in the event another Indian tribe states aclaim as successor tribe to one of the tribes or bands listed in subsection (b), and it is necessary for some purpose that only one successor tribe legally exist, it shall be the policy of the Siletz Tribe to negotiate the resolution of succes sor tribe status directly with said tribe, (e) Ancestral lands. The ancestral lands of the Siletz Tribe consist of the ancestral lands of the tribes and bands of Indians set out in subsection (b). A map is attached to this Ordinance as Attachment A, which gen erally describes the geographic area which comprises the ancestral lands of each of said tribe or band. This map is based upon land descriptions of the ancestral lands of ach tribe or band which appear in reliable scientific docu mentation, in Court of Claims or Indian Claims Court deci sions, in ratified and unratified treaties, in court deci sions, or in other reliable sources of information. The land descriptions shown in Attachment A may be modi fied from time to time, by Tribal Council resolution, based on newly acquired information. (e) (f) (g) (h) §4.106 Siletz Treaties. The tribes and bands of Indians which comprise the Siletz Tribe entered into the following treaties with the United States. Some of these treaties were not ratified as that term is used in the United States Constitution. The Siletz treaties are as follows: (a) (b) (c) (d) Treaty with the Rogue River, Sept. 10, 1853, 10 Stat. 1018, ratified April 12, 1854, proclaimed Feb. 5,1855; Treaty with the Umpqua-Cow Creek Band, Sept. 19, 1853, 10 Stat. 1027, ratified April 12,1854, proclaimed Feb. 5,1855; Treaty with the Rogue River, Nov. 15, 1854, 10 Stat. 1119, ratified March 3, 1855, proclaimed April 7,1855; Treaty with the Chasta, etc., Nov. 18, 1854, 10 Stat. 1122, ratified March 3, 1855, proclaimed April 10,1855; §4.109 (b) (c) (d) §4.107 the Coast or Siletz reservation as described in the unratified Siletz treaty of 1855, listed at §4.105(h) of this Ordinance; the Coast or Siletz reservation as established by Executive Order dated November 9,1855; the Table Rock Reserve, as described in the treaties listed at §§4.105(a) and (c) of this Ordinance; those homeland areas described in the treaties listed at §§4.105 of this Ordinance, wherein the designated tribes and bands were required to reside in a specified geographic area until a permanent reservation was selected for their residence. Permanent Siletz Reservation. The treaties listed at §4.105(a) and (c) state that the tribes and bands that were parties to those treaties would remain on the Table Rock Reserve (see §4.106(c)) until a permanent reservation was selected for their residence. The Table Rock Reserve was opened for non Indian settlement by May 8, 1862, based upon an Interior Department decision that the Indians located thereon had been moved to the Siletz reservation and that the Table Rock Reserve was no longer needed for Indian purposes. The Siletz Tribe declares that, based on the treaties listed in §4.105 and on other authority and legal principles, the Siletz Reservation was the permanent treaty reservation of the tribes and bands which comprise the Siletz Tribe as of 1862 at the latest. PART UI - SERVICE AREA Policy. The Siletz Tribe was terminated by the Western Oregon Indians Termination Act of 1954,25 U.S.C. § 691 et seq. As a result of termination and the diminishment of tribal cohesion, the members of the Siletz Tribe were scattered throughout western Oregon. The Siletz Tribe was restored to federally recognized status by Congress in 1977, 25 U.S.C. § 711, et seq., but a land base for the Tribe was not restored at the same time because of state and non-Indian concern about the nature and extent of the Siletz Tribe’s hunting, fishing and gathering rights. Because many federal programs for which Indians and Indian tribes are eligible require residence on or near an Indian reservation, Congress created a Siletz “Service Area" as a substitute for a formal reservation. Congress declared in the Siletz Restoration Act and its legislative §4.108 Sgrvice Area of the Siletz Tribe. The following named counties of the State of Oregon constitute the Service Area of the Siletz Tribe as meant by the Siletz Restoration Act and its legislative history. These counties are listed based on the history of the Siletz Tribe and its members, the Siletz Restoration Act and its legislative history, and federal laws, regulations and policies adopted since the Restoration Act was passed in 1977. The counties which comprise the Siletz Service Area are as follows: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Treaty Based Occupation Areas. (a) §4.104 §4.105 history that the Siletz Service Area would be deemed equivalent to an Indian reservation for purposes of qualification for those federal services and benefits provided to Indian tribes and members of the Tribe by virtue of their status as Indians. The following geographic areas constitute the treaty based occupation areas of the Siletz Tribe. Such areas consist of permanent and temporary reservations or homeland areas set out in the treaties listed in §4.105 of this Ordinance, or which originated from such treaties. The Siletz treaty based occupation areas are as follows: PART II - TREATY BASED OCCUPATION AREA Policy. The tribes and bands of Indians which comprise the Siletz Tribe, as set out in §4.103(b) of this Ordinance, were party to numerous treaty based relationships with the United States, including both ratified and unratified treaties, as well as Executive Department relationships (Executive Orders, Interior Department communications, etc.) which derived from or evolved out of the constitutional treaty relationship between Indian tribes and the United States. Various legal rights and responsibilities related to lands were created by or derive from these treaty based relationships, and still exist in whole or in part. The purpose of this Part is to define those treaty-based geographical areas which are of sovereign interest to the Siletz Tribe. Treaty with the Umpqua and Kalapuya, Nov. 29, 1854, 10 Stat. 1125, ratified March 3,1855, proclaimed Mar. 30,1855; Treaty with the Molala, Dec. 21,1855, 12 Stat. 981, ratified March 8,1859, pro claimed April 27,1859; Treaty with the Kalapuya, etc., Jan. 22, 1855, 10 Stat. 1143, ratified March 3, 1855, proclaimed April 10,1855; Treaty with the Tilamooks and other confederate tribes and bands of Indians residing along the coast west of the summit of the Coast Range of mountains and between the Columbia River on the north and the southern boundary of Oregon on the south, Aug. 11,1855 (unratified). Lincoln; Yamhill; Polk; Lane; Marion; Multnomah; Washington; Clackamas; Tillamook; Benton; Linn. PART IV - LAND CONSOLIDATION AREA §4.110 Policy. The Indian Reorganization Act of 1934 (“IRA”), 25 U.S.C. § 465, allows the Secretary of Interior, in his or her discretion, to take land into trust for the benefit of an Indian tribe or of individual Indians. Congress in the Siletz Restoration Act, 25 U.S.C. § 71 la(a), expressly applied this provision of the IRA to the Siletz Tribe. The Department of the Interior has adopted regulations to implement the provisions of 25 U.S.C. § 465. See 25 Part 151. These regulations provide for the adoption of a Tribal Land Consolidation Area. Applications by an Indian tribe to the Department of Interior to take land into trust when the property involved is located within an approved Tribal Land Consolidation Area follow a streamlined fee-to-trust process. The Siletz Tribe supports creation of a broad Land Consolidation Area to facilitate the processing by the Department of Interior of fee-to-trust applications from the Siletz Tribe. §4111 Siletz Tribal Land Consolidation Area. The approved Siletz Tribal Land Consolidation Area is described as follows: Township 9 South, Range 11 West; Township 9 South, Range 10 West; Township 9 South, Range 9 West; Township 10 South, Range 11 West; Township 10 South, Range 10 West; Township 10 South, Range 9 West; and Portion of Township 10 South, Range 8 West, Willamette Meridian, Lincoln County, Oregon Approved by Portland Area Acting Director, Nov. 25,1980 This Area may be modified from time to time, as provided by federal regulation. Upon approval of a modified Siletz Tribal Land Consolidation Area by appropriate Interior Department officials, the description included in this section shall be changed. - 13-
