Original Date: __________
Subject: Geographic Areas of Tribal Interest
AREAS OF TRIBAL INTEREST ORDINANCE
Siletz Tribal Code §4.100
Statement of Purpose. The Confederated Tribes of Siletz Indians
is a federally recognized Indian Tribe (referred to as the "Siletz
Tribe" for some purposes) which is comprised of Indian tribes and
bands and members of Indian tribes and bands who were settled by the
federal government on the "Siletz" or "Coast" Reservation (hereinafter
"Siletz Reservation"), from 1855 forward. Those tribes, bands, and
persons which were settled on the Siletz Reservation were and are
possessed of legal and customary rights of possession and use to those
geographic areas in which they historically resided and occupied,
in addition to legal rights associated with such tribes', bands' and
persons' settlement on the Siletz Reservation. These legal and customary
rights arise from many sources including, but not limited to, Anglo-American
legal principles. The Siletz Tribe is asserting and will assert these
legal and customary rights on behalf of the Tribe and tribal members.
Standard of Interest The Siletz Tribe has conducted an intensive
investigation of the historical and legal circumstances of the Tribe
and of the tribes, bands and persons who make up the Siletz Tribe
and its membership. The Siletz Tribe declares its interest in those
geographic areas where its investigation has shown a justifiable scientific
and/or legal connection to such areas.
I - ANCESTRAL TRIBAL LANDS
Tribe is comprised of Indian tribes, bands and members which originate
in many cases from geographic areas or territories other than the geographic
areawhich comprised the Siletz Reservation as formally established in
1855. The history of the Siletz Tribe is divided into pre-treaty and
post-treaty time periods. It is the policy of the Siletz Tribe to declare
those lands and geographic areas occupiedby tribes or bands which comprise
the Siletz Tribe, or occupied by tribes or bands from which members
of the Siletz Tribe derive, in pre-treaty times as ancestral lands of
the Siletz Tribe.
"Ancestral lands" shall mean the traditional historical area
of occupation of an Indian tribe or band, and shall include the terms
"ancestral lands," "aboriginal area" or "aboriginal territory," and
"ancient tribal lands" or "ancient tribal boundaries."
"Pre-treaty times" shall mean that period of time predating
the negotiation of treaties by the federal government with tribes,
bands, and other groups of Indians which occupied the lands of western
Oregon, northwest California and southwest Washington. For purposes
of this Ordinance, pre-treaty times shall be defined as any period
of time prior to 1851.
"Occupied" or "occupation" shall mean those lands upon
which an Indian tribe, band or group resided upon or used on a permanent,
seasonal, or periodic basis. Use of such lands includes regular or
sustained use for any societal purpose, including but not limited
to residence; hunting, fishing, gathering, or other resource utilization;
travel or passage; ecosystem protection or health; culture; religious;
and political purposes. It shall not be a negation of occupation of
lands under this section if a geographic area was used only on an
episodic basis or was not used for years at a time. "Occupation" need
not have been exclusive to any specific tribe, band or group of Indians,
but must have been of substantial importance to such tribe, band or
§4.103 Tribes and Bands Which Comprise the Siletz Tribe.
Statement of Policy. The legal history of those tribes, bands
and groups which comprise the Siletz Tribe are extremely varied. In
some cases tribes or bands were moved as identifiable, complete entities
to the Siletz Reservation. In other cases, tribes or groups were moved
piecemeal or at different times to the Siletz Reservation, or different
sub-groups of a tribe or band were moved separately to the Siletz
Reservation as those groups signed treaties engaged in hostilities
surrendered, or were moved to or removed from specific territory.
In still other cases, a tribe or band was not moved at one time as
a group to the Siletz Reservation, but individual members or families
from such tribes or bands were moved to the Siletz Reservation as
the individuals or families were captured or as other circumstances
occurred. The Siletz Tribe declares its legal, historical and cultural
connection to all such tribes and bands.
and Bands of Indians Which Comprise the Siletz Tribe. The following
named tribes and bands of Indians, or substantial numbers of individuals
or families from said tribes and bands of Indians, were settled on
the Siletz Reservation from 1855 on so as to make said tribes and
bands part of the confederated Indian nations which comprise the Siletz
Tribe. Names of tribes or bands of Indians Set out on this list include
phonetic derivations and other name variations of said tribes and
Alsea (including Yaquina and Alsea);
(2) Chinook (including upper and lower Chinook, and Clatsop);
(3) Coos (Including Hanis and Miluk);
(4) Kalapuya (including Yamhill, Santiam, Yoncalla, Tualatin, Marys
(5) Lower Umpqua, Siuslaw;
(7) Shasta (including Klamath River);
(8) Rogue River (this is a general term that has been applied to
Takelma, Shasta, Applegate, Galice Creek, or any of the Lower Rogue
(10) Takelma (including Dagelma, Latgawa, and Cow Creek);
(11) Tututni (including all southwest Oregon Athapascan Indian groups
including Upper Umpqua, Upper Coquille, Euchre Creek, Flores Creek,
Pistol River, Port Orford, Yashute, Mikonotunne, Applegate River,
Galice Creek, Chetco, Chasta Costa, Tolowa, Sixes, Naltunnetunne,
(12) Tillamook, including Siletz, Salmon River, Nestucca, Nehalem,
Tillamook Bay, etc.).
listed tribes and bands include all such entities which, in the estimation
of the Siletz Tribe and based upon current scientific and legal evidence,
constitute the tribes and bands of Indians which comprise the Siletz
Tribe. Based upon information and investigation, this list may be
added to or names removed therefrom by Tribal Council resolution.
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 declaration 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 continued their existence on the
Siletz Reservation as part of the confederation of tribes and bands
which comprise the Siletz Tribe.
cases other Indian tribes may have a companion 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 a claim 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 successor tribe status directly with said tribe.
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 generally 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 each tribe or band which
appear in reliable scientific documentation, in Court of Claims or
Indian Claims Court decisions, in ratified and unratified treaties,
in court decisions, or in other reliable sources of information. The
land descriptions shown in Attachment A may be modified from time
to time, by Tribal Council resolution, based on newly acquired information.
PART II - TREATY BASED OCCUPATION AREA
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
§4.105 Siletz Treaties.
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 areas follows:
Treaty with the Rogue River, Sept. 10, 1853, 10 Stat. 1018, ratified
April 12, 1854, proclaimed Feb. 5, 1855;
(b) Treaty with the Umpqua-Cow Creek Band, Sept. 19, 1853, 10 Stat.
1027, ratified April 12, 1854, proclaimed Feb. 5, 1855;
(c) Treaty with the Rogue River, Nov. 15, 1854, 10 Stat. 1119, ratified
March 3, 1855, proclaimed April 7, 1855;
(d) Treaty with the Chasta, etc., Nov. 18, 1854, 10 Stat. 1122, ratified
March 3, 1855, proclaimed April 10, 1855;
(e) Treaty with the Umpqua and Kalapuya, Nov. 29, 1854, 10 Stat. 1125,
ratified March 3, 1855, proclaimed Mar. 30, 1855;
(f) Treaty with the Molala, Dec. 21, 1855, 12 Stat. 981, ratified
March 8, 1859, proclaimed April 27, 1859;
(g) Treaty with the Kalapuya, etc., Jan. 22, 1855, 10 Stat. 1143,
ratified March 3, 1855, proclaimed April 10, 1855;
(h) 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).
§4.106 Treaty Based Occupation Areas.
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:
the Coast or Siletz reservation as described in the unratified Siletz
treaty of 1855, listed at §4.105(h) of this Ordinance;
(b) the Coast or Siletz reservation as established by Executive Order
dated November 9, 1855;
(c) the Table Rock Reserve, as described in the treaties listed at
§§4.105(a) and (c) of this Ordinance;
(d) 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.
§4.107 Permanent Siletz Reservation.
listed at §4.105(a),(c) and (d) 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 the establishment of the Coast Reservation by
Executive Order dated November 9, 1855, or 1862 at the latest.
PART III - SERVICE AREA
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
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.
Service Area of the Siletz Tribe.
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:
PART IV - LAND CONSOLIDATION AREA
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. § 711a(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
§4.111 Siletz Tribal Land Consolidation Area.
Siletz Tribal Land Consolidation Area is described as follows:
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
by Portland Area Acting Director, Nov. 25, 1980
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.