Spilyay tymoo., August 25, 1978, Page 7, Image 7

PAGE 8 AUGUST 25, 1978
Know Your Treaty, Part 3
by Cynthia Stowell
Ten Million Acres Ceded, Reservation Established
It is a common misunder­
standing that reservations were
“given” to Indians. But Indian
tribes paid dearly for the land
reserved for them in treaties.
The price they paid was
often the sacrifice of millions of
acres of “claimed” lands —
. lands that felt more like home
■3
than the plots selected for them
by representatives of the federal
government. This was the case in
middle Oregon in 1855. Ten
million acres of land abounding
in fish, roots, berries and game
were exchanged for $150,000 in
cash, goods and services, a re­
served area of 639,000 acres, and
the right to hunt and fish in
accustomed places.
It was done in only three
days, and the boundary disputes
iSItMulnnl PflrnM .V «J’
and land claims that have arisen ORIGINAL CEDED AREA AND PRESENT-DAY RESERVATION
in the 120 years since the treaty
thrived, and most anywhere that of the original claimed area —
was signed could have been
deer could be hunted.
predicted. Although not under
that was reserved for the In-
Since “claiming” was not
dians’ exclusive use.
duress, the chiefs of the Walla-
the traditional way in which
Walla and Wasco bands signed
Just compensation for the
Indian people viewed the land, it
reluctantly, clearly voicing ob­
ceded land has since been claim­
is uncertain how the ten million
ed under the 1946 Indian Claims
jections throughout the treaty
acres came to be claimed, with
council. But they, along with the
Act (see separate story).
boundaries drawn. Although the
Indian agents, saw no other
area supposedly described to ' The reservation
solution to the conflicts between
Based on what the Indian
officials by local Indians had no
natives and newcomers but for
set boundaries and wasn’t used treaty delegates had to say about
the tribes to “live aside from the
exclusively, it was mapped out the proposed site of their reser­
whites,” as Kuck-up admitted.
with title assigned to the “tribes vation, the 639,672 acres at the
The haste with which the
foot of Mt. Jefferson and bound­
of middle Oregon.”
treaty was drawn up and signed
The fact that some of the ed by the Metolius and Deschutes
almost guaranteed later dis­
Walla Walla and Wasco territory Rivers were probably the least
putes. But far from being a dated
overlapped with that claimed by used of the claimed lands.
or useless document, the 1855
Explorers who crossed the
tribes to the east and south did
treaty has provided a spring­
not seem to matter at the time, reservation site before 1855 made
board for negotiations and settle­
but settlement disputes today note of temporary Indian camps
ments in the years since. The
have grown out of that ambigu­ but found no permanent settle­
signatures may not have indicat­
ments. A well-known
trail
ity.
ed total accord, but they created
The treaty extinguished all through the reservation north to
a mutual commitment between
“right, title, and claim” of the south and many southern Oregon
two parties where only antagon­
Indians to ten million acres Indians had fleeting acquaint­
ism existed before.
extending from the Columbia ance with the hot springs, Indian
The claimed land
River south to the 44th parallel Head Canyon and other locales
A substantial portion of Ore­
and from the summit of the Cas­ when they were trekking to and
gon’s interior was “claimed” by
cades east to the summit of the from the Columbia.
the bands and tribes that de­
As Mark, of the Dalles band
Blue Mountains (see map and '
pended on the Columbia River. It
detailed description in Article 1). of the Wascoes, commented:
was on the slopes of the Cascades
Within those boundary lines “The place that you have men­
that they found their berries, on
was a plot of land — six percent tioned I have not seen. There is
the dry flat lands that the roots
no Indians nor whites there yet,
and that is the reason I say I
know nothing about that country.
If there were whites and Indians
there then I would think it was
For years it was one step Arlington and south to Condon —:
good country. . . I am afraid of
forward — two steps backward, ■a valuable piece of realty.
that country.”
' but finally in 1973 the Tribes
Phase II of the claim pro­
Mark went on to say that he
were awarded a monetary settle­ cedure began in 1970 and con­
and his people would prefer to
ment for a portion of the original cerned the value of the land. Two
have the Tigh (now Tygh Valley).
land claim ceded in the 1855 years later the 1855 market value
Many others reiterated this de­
treaty. And even then it was not of the land was set at a little over
sire, while some wanted to retain
an event people wanted to cheer $1 an acre, for a total value of
land east of the Deschutes River.
about: 8.6million acres had been nearly $1.7 million.
Sym-tus-tus was one chief who
pared from the original claim
Phase III centered on the
stressed the value of reserving
and the settlement money was offsets, or those monetary bene­
rights to the off-reservation fish­
tied up until a distribution plan fits received by the Tribes from
eries and berry and root grounds.
was accepted.
the federal government over the
General Joel Palmer quickly
The ceded land claim was years. The sums actually paid
pointed out the inadvisability of i
one of several grievances lodged under the treaty and the value of
making reservations
“here, I
by the Tribes — the -others the reserved land were sub­
there and all over” as had been
concerning the McQuinn Strip tracted from the assessed value
done in the Willamette VAlley. In
and the 1965 treaty. The McQuinn of the claim and a settlement
fact the President had directed
Strip was restored to the reser­ was made out of court for
the Indian agents to consolidate
vation in 1972 and the 1865 treaty $1,225,000.
the Indians rather than allow
died when U.S. v. Oregon was
This to many tribal members
separate, scattered reservations.
decided in the Indians’ favor in was an insult, and a one-in-three
Palmer did, however, make
1969.
minority voted against the settle­
provision for the tribes’ selection
In 1946 the Indian Claims Act ment in the 1973 referendum. But
of another, more suitable loca­
made impossible for the Tribes to it passed and the Claims Com­
tion for the reservation. As spell­
“sue” the federal government mission gave their approval.
ed out in Article 1, three repre­
for inadequately compensating
Congress appropriated the
sentatives from each band might
them for 10 million acres of funds but a tribal member’s
ceded land. A claim was filed in lawsuit challenging the settle­ join the superir' endent of Indian
Affairs or a, jnt to examine
1951.
ment distribution plan (Gold v.
In 1966 the Claims Commis­ Confederated Tribes and Secre­ alternate sites before removal
and before any improvements
sion decided that only 1.6 million
tary of Interior) has held up the
were begun. To anyone’s know­
acres of the claim had been used payment. Until it is decided
exclusively by the Walla Wallas whether the Department of In­ ledge, this privilege was never
and Wascoes. The exact location terior can prevent enrolled mem­ exercised.
of the reduced acreage was bers who have participated in
Removal
moved around in subsequent other claims from receiving a
Settlement of the largely un­
years until 1968 when it was share of the Warm Springs settle­
familiar area was to be accomp-
established along the Columbia ment, the money will sit in D.C.,
decreasing in yalye as, time goes
River .from the Cascades , to
bh.
e
* ' (Continued- on Page19)
TREATY WITH THE TRIBES OF MIDDLE OREGON, 1855
ARTICLE 1. The above-named confederated bands of Indians
cede to the United States all their right, title, and claim to all and
every part of the country claimed by them, included in the following
boundaries, to wit:
Commencing in the middle of the Columbia River, at the Cascade
Falls, and running thence southerly to the summit of the Cascade
Mountains; thence along said summit to the forty-fourth parallel of
north latitude; thence east on that parallel to the summit of the Blue
Mountains, or the western boundary of the Sho-sho-ne or Snake
country; thence northerly along that summit to a point due east from
the headwaters of Willow Creek; thence west to the head-waters of
said creek; thence down said stream to its junction with the Columbia
River; and thence down the channel of the Columbia River to the place
of beginning. Provided, however, that so much of the country
described above as is contained in the following boundaries, shall,
until otherwise directed by the President of the United States, be set
apart as a residence for said Indians, which tract for the purposes
contemplated shall be held and regarded as an Indian reservation, to
wit:
Commencing in the middle of the channel of the De Chutes River
opposite the eastern termination of a range of high lands usually
known as the Mutton Mountains; thence westerly to the summit of said
range,.along the divide to its connection with the Cascade Mountains;
thence to the summit of said mountains; thence southerly to Mount
Jefferson; thence down the main branch of De Chutes River; heading
in this peak, to its junction with De Chutes River; and thence down the
middle of the channel of said river to the place of beginning. All of
which tract shall be set apart, and, so far as necessary, surveyed and
marked out for their exclusive use; or shall any white person be
permitted to reside upon the same without the concurrent permission
of the agent and superintendent.
The said bands and tribes agree to remove to and settle upon the
same within one year after the ratification of this treaty, without any
additional expense to the United States other than is provided for by
this treaty; and, until the expiration of the time specified, the said
bands shall be permitted to occupy and reside upon the tracts now
possessed by them, guaranteeing to all white citizens the right to enter
upon and occupy as settlers any lands not included in said reservation,
and not actually inclosed by said Indians. Provided, however, That
prior to the removal of said Indians to said reservation, and before any
improvements contemplated by this treaty shall have been
commenced, that if the three principal bands, to wit: The Wascopum,
Taih or Upper De Chutes, and the Lower De Chutes bands of Walla
Wallas shall express in council, a desire that some other reservation
may be selected for them, that the three bands named may select each
three persons their respective bands, who with the superintendent of
Indian affairs or agent, as may by him be directed, shall proceed to
examine, and if another location can be selected, better suited to the
condition and wants of said Indians, that is unoccupied by the whites,
and upon which the board of commissioners thus selected may agree,
the same shall be declared a reservation for said Indians, instead of
the tract named in this treaty.
(Article I to be continued)
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A Claim that Keeps Shrinking
The McQuinn Strip:
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Ownership but not exclusive us(|
In September 1972 President Nixon signed a bill that ended 101
years of hard-fought battles to bring 61,360 acres of government lands
into the Warm Springs Reservation — land that had rightfully
belonged to the Tribes all along. An additional 17,251 acres of patented,
privately-owned land was also brought within the reservation
boundaries.
Because of the extent of private settlement and development and
the presence of U.S. Forest Service facilities within the McQuinn
Strip, a unique cooperative use system was established by the 1972 act.
The act specifies that:
-The acres of national forest included in the McQuinn Strip will
still_ be used to compute counties’ share of revenues.
-Commercial timber will continue to be sold by oral auction until
1992 when the Tribes will take control.
-Existing livestock grazing permits will be honored until 1992.
-Pacific Crest Trail right of way continues to be held by the
Secretary of Agriculture.
-All lakes are open to public fishing.
-State game laws will be enforced under a cooperative agreement
between the Tribes and the Oregon State Game Commission for ten
years and may be renewed for another ten at the commission’s option.
-U.S. Forest Service may use without charge but with
responsibility of maintenance, all fire lookout stations and the land
and improvements at Bear Springs Ranger Station.
-All public campgrounds and roads shall be managed and
maintained by the Tribes.
-The Tribes will place an adequate livestock fence at the northern
boundary. If owners wish to fence fee patent lands, the Tribes will pay
for half the fencing.
-The Water Right Agreement of 1971 between the Tribes and
Juniper Flat District Improvement Company applies to McQuinn
lands.
-The Tribes can make rules and regulations and enter into
Contracts to tatty out provisions ofthe-actw v.-.v •
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