Spilyay Tymoo, Warm Springs, Oregon
July 29, 2020
Page 3
Bill to nullify ‘Huntington treaty’
The bill to nullify the
‘treaty of 1865’ is making
its way through the federal
legislative process. The bill
has bi-partisan support, hav-
ing been introduced last year
in the House by Rep. Greg
Walden (R-Hood River) and
in the Senate by Sen. Jeff
Merkley (D-Myrtle Creek).
The hope is that the bill
will be finalized and sent
to President Tr ump for
signing before the August
Congressional recess, said
Louie Pitt, director of
tribal Governmental Af-
fairs.
Tribal Council and Mr.
Pitt have advocated for
years that the 1865 ‘supple-
mental treaty’—also called
‘the fraudulent Huntington
document’—be formally
repealed by the federal gov-
ernment.
Terms of the Hunting-
ton document have never
been enforced by a federal
court or agency, and the
tribes have never recog-
nized it as binding. The
document, though, was rati-
fied in 1867—during the
chaotic term of President
Andrew Johnson—so it has
existed in a technical sense,
leading to the present action
to specifically remove it
from the books.
A summary statement in
the present Senate bill, S.
832, as introduced by Sen.
Merkley, contains this brief
summary:
The Indians of the Warm
Springs Reservation neither
complied with the 1865
treaty nor understood its pro-
visions.
Affidavits taken by the
U.S. Department of Justice
from Warm Springs Indians
present at both the 1855
and 1865 treaty signings
show they understood the
later treaty simply to provide
a pass system for Indians
lea ving the r eser vation to
exercise their off-reservation
rights.
Additionally, the United
States, the other party to the
1865 treaty, has consistently
ignored the 1865 agreement
and has on numerous occasions
over the past 154 years en-
acted legislation affirming the
Tribes’ 1855 off-reser vation
treaty rights.
It appears that no federal
gover nment agenc y has ever
asserted that the 1865 treaty
was enforceable or had any le-
gal effect.
The Treaty of 1855 cre-
ated the Warm Springs Res-
ervation while recognizing
the tribal right to hunt, fish
and gather at usual and ac-
customed places and on “un-
claimed lands” within and be-
yond the 11-thousand square
miles of the Ceded Lands.
Then a decade later the
Oregon superintendent of
Indian Affairs, one J.W. Hun-
tington, orchestrated the so-
called ‘treaty of 1865.’
This document—with no
apparent compensation to the
tribes, and with hardly any
tribal signatures—purported
to eliminate tribal off-reser-
vation rights as ensured by
the Treaty of 1855. A pro-
vision in the 1865 document
also says tribal members
could only leave the res-
ervation with written BIA
permission.
In the mid 1990s the
tribes and U.S. Senator
Mark O. Hatfield were
working on a project for-
mally to clarify the null and
void status of the 1865
document. However,
then-governor
John
Kitzhaber was unwilling to
support the effort, effec-
tively ending the project.
Current Governor
Kate Brown is a supporter
of the tribes in correcting
this unfortunate episode in
tribal-federal government
relations.
‘Villainously perpe-
trated’
For more historical con-
text: In 1866, just a year
after the 1865 document,
War m Springs Indian
agent Jason Wheeler wrote
to the Commissioner of
Indian Affairs in Washing-
ton, D.C.:
Please see TREATY on 5
Water: Federal award would provide temporary fix
(Continued from page 1)
Making the award an-
nouncement, Sen. Wyden
said: “These urgently
needed resources will help
restore a dependable and
safe water supply for the
Confederated Tribes of
Warm Springs. I’m glad the
tribes have secured this as-
sistance, and I’ll keep bat-
tling to pass the Western
Tribal Water Infrastructure
Act that would direct fed-
eral funds to help the Con-
federated Tribes of Warm
Springs and other tribes
with their water infrastruc-
ture.”
“Reliable access to clean
water is a basic human
right—and even more im-
portant during this public
health emergency,” Sen.
Merkley said. ”By funding
the repair of a critical wa-
ter line, this grant will help
deliver the essential service
to the Confederated
Tribes.”
The $269,000 federal
Housing and Urban
Development’s Indian Com-
munity Development Block
Grant is from its Imminent
Spilyay photo
Estimated cost of replacing the treatment plant is at least $20 million.
Threat program. This pro-
gram helps tribes with activi-
ties to improve, repair or
restore safe and healthy en-
vironments on Indian reser-
vations and other Native
communities.
A recent break in the wa-
ter line over Shitike Creek
has brought a third year of
boil-water notices on the res-
ervation. State lawmakers
then approved $3.58
million for water infrastruc-
ture repairs and upgrades.
Much more in funding—
perhaps tens of millions of
dollars—may be needed to
fully improve the reserva-
tion water system, from the
treatment plant to the resi-
dences, school, businesses
and the organization.
Dave McMechan
Western Lands bill
could help with water
Another potential funding source for a long-term
reservation water solution could come through the
pending federal law called the Western Water Infra-
structure Act. This bill—introduced by Sens. Wyden
and Merkley—would provide an additional $20- to
$30 million for safe drinking water projects to West-
ern tribes.
The Confederated Tribes’ water crisis last year was
an inspiration for this bill. The current crisis on the
reservation this summer has spurred the bill forward:
The proposed legislation this Wednesday, July 29, is
expected to enter the ‘markup’ phase, after which
the bill could move out of committee for full Senate
consideration.
The water crisis on the reservation—combined
with the Covid-19 pandemic—are key points in fa-
vor of this legislation: Clean water for washing hands,
and the ability to stay at home as much as possible
are proven measures for containing the virus.
The Confederated Tribes have been hard hit by
the virus since the water crisis. While the initial weeks
of the outbreak saw no cases on the reservation,
more recently—and especially since the water cri-
sis—the tribes have seen a steady increase in positive
testing for Covid-19.
by Dave McMechan
School activies board adds
stricter containment measures
The Oregon School Ac-
tivities Association Execu-
tive Board this month dis-
cussed school sports and
activities for the 2020-21
school year.
With the uncertainty of
school reopening plans in
many parts of the state and
the timeframe related to
those decisions, the board
decided to delay the first
contest date for Cross
Country, volleyball and soc-
cer until September 23.
That date is a month later
than previously scheduled.
The original first fall prac-
tice date of August 17 re-
mains in place at this time.
New guidance from the
state requiring face coverings
even when exercising indoors
will require further consider-
ation regarding guidance for
indoor activities.
Dates can continue to
change as schools decide
their instructional models.
Additional guidance for
Fall contest protocols, includ-
ing multi-team events, spec-
tator policies, and regional
scheduling considerations,
will be forthcoming. (More
education news on 5.)