By Mr. HATFIELD (for himself, Mr. ABOUREZK, Mr. PACKWOOD, and Mr. BARTLETT):
S. 2801. A bill to repeal the act terminating Federal supervision over the property and members of the Confederated Tribes of Siletz Indians of Oregon; to reinstitute the Confederated Tribes of Siletz Indians of Oregon as a federally recognized sovereign Indian tribe; and to restore to the Confederated Tribes of Siletz Indians of Oregon and its members those Federal services and benefits furnished to federally recognized American Indian tribes and their members; and for other purposes. Referred to the Committee on Interior and Insular Affairs.
Mr. HATFIELD. Mr. President, I am pleased today to introduce legislation to restore to the Confederated Tribes of the Siletz Indians of Oregon the status of a federally recognized Indian Tribe. This legislation would reverse the termination of Federal supervision over this small western Oregon tribe which came with the act of August 13, 1954 (68 Stat. 724-58; 25 U.S.C. 691-708).
In 1953, termination was declared to be the long-range goal of Federal Indian policy; basically, this meant that the trust relationship which existed between the Federal Government and the various Indian tribes would be severed. During the 1950's, 13 termination acts were passed by the Congress, including one which terminated all of the small tribes and bands of western Oregon. It was this act which terminated the Confederated Tribes of the Siletz Indians.
In order to understand the reasons why the legislation I am introducing today is necessary, it is important to provide some background on the Federal Government's trust responsibility toward Indians. After all, the Government did not assume the role of guardian and trustee of Indian existence as an act of generosity toward a disadvantaged people. Rather, this special relationship arose out of solemn commitments in the nature of contractual obligations. The Indians agreed to cede vast tracts of lands to the Federal Government and agreed not to take up arms against the white settlers; in return, the Government agreed to protect the Indians from incursions, within certain described tracts of land, or reservations.
These reservations and, indeed, the very nature of the Government-Indian relationship, were intended to provide a structure whereby Indian culture could survive and flourish. Through formal treaties, acts of Congress, and formal and informal agreements, the United States secured the Indians with the possession of their lands and agreed to provide health, education, and other social services. These commitments continue to carry immense legal and moral force. To simply wipe them out by congressional action is unfair and dishonorable.
The purpose of the termination of this special, contractual relationship was to end a paternalistic governmental relationship. Termination was to allow native Americans to participate fully in the mainstream of our society. As a general proposition, however, Indians have suffered greatly under the termination policies; the social and economic devastation which these policies have wrought upon many groups has been tremendous. While, in many cases, unemployment, health problems, alcoholism, and school dropout rates have risen dramatically, the means for dealing with these problems has been withdrawn. While these problems were already severe among Indian societies generally, they have become epidemic among terminated Indlans. In Oregon, 60 western Oregon tribes and the larger Klamath Tribe were terminated; the difference in economic and social development between these groups and federally recognized tribes in Oregon is easily discerned.
It has been my observation that the Indian citizens with the most severe social problems, the most pronounced inability to function successfully in American society, are those who have been told by the Federal Government that they are no longer recognized as Indians, that their tribes no longer exist, that they are to go and live as non-Indian people do – that they are terminated.
The ill effects of termination have not been confined to the members of those tribes which were terminated. President Nixon noted in his 1970 address on Indian affairs that the very threat of termination has created tremendous apprehension among recognized tribes. As a result, he said:
Any step that might result in greater social, economic, or political autonomy is regarded with suspicion by many Indians who fear that it will only bring them closer to the day when the federal government will disavow its responsibility and cut them adrift.
The threat of termination has worked to encourage excessive dependence upon the Federal Government, exactly the opposite goal which termination was to achieve.
Termination is no longer the policy of this Nation. In 1970, the administration called upon the Congress to repudiate House Concurrent Resolution 108, which declared termination to be the long-range goal of Government Indian policy. In 1973, the Congress passed and the President signed into law the Menominee Restoration Act, which restored to the Menominee Tribe of Wisconsin its status as a Federally recognized tribe. And again, on December 7 of this year, Dr. Theodore Marrs, Special Assistant to the President for Human Resources, expressed the admistration's opposition to termination philosophies.
In attempting to reverse the effects of termination, we must be careful not to foster an excessive dependence upon the Federal Government. As was noted so often during the 1950's, the effects of excessive paternalism can be extremely de-
structive; it is my view that this danger rivals that of termination in its ability to destroy the Indian way of life. We must learn that the control over one's destiny is absolutely necessary for personal dignity and that this cannot be achieved through dependence upon the Federal bureaucracy.
We must strive for the middle ground of self-determination without termination, a system in which tribal governments and their social programs are controlled not by outsiders who are responsible to Federal officials in Washington, but are controlled by the Indian people themselves. Congress recognized the wisdom of this approach when it enacted the Indian Self-Determination Act of 1974, which provided the mechanism for tribal governments to assume far greater control over the programs and decisions which affect the lives and welfare of their members.
When they were terminated in 1954, the Siletz were ill prepared to cope with the realities of American society. They were tossed abruptly from a state of almost total dependency to a state of total independence. The ensuing disorientation was massive, and its effects are pronounced even today. Siletz Indians were told by officials of the Bureau of Indian Affairs to leave the only way of life they had known and to begin to participate fully in the dominant society. But they were not accepted as equals by the dominant culture, nor were they any longer accepted as Indians by other tribes which had not been terminated. The Siletz were lost between two cultures.
Recent figures indicate a 44-percent unemployment rate among Indians in Lincoln County, Oreg., the majority of whom are in Siletz. The median family income of Indian families in the town of Siletz is $3,300 per year. The Siletz public school in 1974 reported that 40 percent of Siletz Indians between the ages of 17 and 25 did not finish high school. Roughly 70 percent of the Indian students in Siletz School have only one parent due to the death of the other parent. Twenty-three percent of the Indian children in grades 1 through 12 come from broken homes. Indian children at Siletz School averaged 0.6 grade equivalent below the school mean. In a nonrandom sample of 84 Siletz Indians, 52.9 percent reported dental needs, 21 percent reported medical needs, and 21.8 percent reported visual needs. These figures bear sad witness to the presumably inadvertant attempt through termination to destroy a once proud people.
The legislation I am introducing today is designed to turn this picture of what termination can do around. It is consistent with the principle of self-determination and is strongly supported by the Siletz Indians. This legislation is the product of lengthy deliberations of the Siletz and other interested parties. Restoration is, in fact, a goal toward which the Siletz have been working for over 3 years; tribal meetings where the bill has been discussed have been well attended and there is enthusiastic support.
One issue which has come up in connection with this bill -- an issue which is important to nearly alll Oregonians -- is that of hunting and fishing rights. As this bill is presently written, it would not grant or restore any hunting, fishing, or trapping rights to the Siletz Indians. The language on this point could not be any clearer. I ask unanimous consent that a letter which Congressman LES AUCOIN and I wrote to Governor Straub of Oregon on this matter be printed in the RECORD, as it clarifies our position on this particular issue.
There being no objection, the letter was ordered to be printed in the RECORD, as follows:
U.S. SENATE,
Washington, D.C., December 4, 1975.
HON. ROBERT STRAUB,
Governor,
State Capitol,
Salem, Oreg.
DEAR BOB: Your support of legislation to restore federal recognition to the Confederated Tribes of the Siletz Indians is greatly appreciated. We share your view that the termination policy has been extremely detrimental to the Confederated Tribes, and we intend to introduce the restoration legislation in the near future.
As you recognize, the issue of hunting and fishing rights has been the most controversial issue which has arisen in relation to this legislation. We agree that the issuance of additional rights to the Indians would be undesirable. The enclosed draft bill is very clear on this point: section 3(c) specifically states that no new rights would be granted.
We do not believe, however, that this legislation can or should be utilized as a vehicle to resolve other hunting and fishing rights issues. To include language which would prohibit the Siletz or other tribes from seaking a definition of their rights would be to withdraw rights which have not yet been defined and might constitute a taking without compensattion. Moreover, it is not clear that such rights exist at all.
The issue of Indian hunting and fishing rights is a complex and difficult one. We want to be of all possible assistance in assuring that our valuable natural resources will be protected and conserved.
We are looking forward to working with you further on these matters. It is our hope that the Congress will give the Siletz bill the thorough consideration it deserves; public hearings will allow an airing of all the issues surrounding this legislation.
Again, we appreciate your support of the efforts of the Confederated Tribes, and we hope that they will prove to be successful.
Warmest personal regards.
Sincerely,
MARK O. HATFIELD,
S. 2801
Be it enacted by the Senate and House of Representatives of the United States of America in Congrees assembled, That this Act may be cited as the Siletz Restoration Act."
(c) This Act shall not grant or restore any hunting, fishing, or trapping rights of any nature to the tribe or its members.
SEC. 8. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.
OFFICE OF THE GOVERNOR,
Hon. MARK O. HATFIELD,
DEAR MARK: I want to assure you of my continued support for the Siletz Restoration Bill.
Sincerely,
COUNTY OF LINCOLN,
HON. MARK O. HATFIELD,
DEAR SENATOR: The Confederated Tribes of Siletz Inc. is an organization composed of Siletz Indians, living in the Siletz area of Lincoln County.
Sincerely,
OREGON STATE SENATE,
HON. MARK O. HATFIELD,
DEAR MARK: Legislation has been introduced on behalf of the Siletz tribe and I want to tell you how much it is appreciated and how essential this legislation is.
Sincerely,
COUNTY OF LINCOLN,
HON. MARK O. HATFIELD,
DEAR MARK: I understand that you and Les AUCOIN are introducing the Restoration Bill for the Indians in Congress. Warmest personal regards.
U.S. Senator.
LES AUCOIN,
Member of Congress.
Mr. HATFIELD. Mr. President, the bill I am introducing today is a simple one. It does not involve the transfer of any Federal lands; the tribe has regained 10 acres of ancestral lands from the town of Siletz and any additional lands which would form a small reservation would have to be obtained through purchase or donation. The basic thrust of the bill is to formally recognize the Siletz as a tribe, and to make this group eligible for the Federal services to which other federally recognized Indians are entitled. Passage of this legislation would restore the sense of tribal unity which tends to be destroyed through termination.
It is my hope, therefore, that the Congress will give this matter the thorough consideration which the Siletz Indians deserve, and that the bill will be approved during the 94th Congress. This measure has been supported by both local and State government units in Oregon, and I ask unanimous consent that several supportive letters be printed in the RECORD following my remarks, as well as the bill itself.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HATFIELD. As my colleagues are aware, the American Indian Policy Review Commission is presently studying all aspects of Indian policy, including termination. As a member of that Commission, I share the view of its chairman, Senator JAMES ABOUREZK, who stated on September 18, 1975:
The Congress of the United States and the executive and judicial branches of the U.S. government cannot wait for the American Indian Policy Review Commission to, within two years, find answers to questions and solutions to problems which it has taken 200 years to create. These branches of government cannot neglect their duties.
Senator ABOUREZK then went on to say:
The Commission now calls on the U.S. Congress and all Federal agencies to move expeditiously on pending legislation and other current matters brought before them on behalf of American Indians.
Mr. President, let us heed these words and move ahead to correct a serious error which has had such a serious impact on the lives of the Confederated Tribes of the Siletz Indians. As a resident of Lincoln County, the home of the Siletz, I know firsthand the hardships they have suffered. The enactment of this small piece of legislation will serve as a much needed installment toward paying a moral debt to which this Nation has committed its national honor; it is the right thing to do.
SEC. 2. For the purpose of this Act--
(l) The term "tribe" means the Confederated Tribe of Siletz Indians of Oregon, which is comprised of any tribes and bands, or remnants thereof, which were represented on the membership roll of the tribe which was published in the Federal Register on July 26, 1956.
(2) The term "Secretary" means the Secretary of the Interior.
(3) The term "Siletz Interim Council" means that council of nine Siletz Indians who shall be elected pursuant to sections 4(a) and 4(b) of this Act.
SEC. 3. (a) Notwithstanding the applicable provisions of the Act of August 13, 1954 (68 Stat. 724-28; 25 U.S.C. 691-708), or any other law, Federal recognition is hereby extended to the Tribe and the provisions of the Act of June 18, 1934 (25 U.S.C. [section symbol] 461, et seq.) are made applicable to it. The Tribe and its members shall be entitled to all Federal services and benefits furnished to federally recognized Indian tribes and their members.
(b) The Act of August 13, 1954 (68 Stat. 724-28; 25 U.S.C. [section symbol] 691-708), to the extent such act is applicable to the tribe, is hereby repealed. There are hereby reinstated all rights and privileges of the tribe or its members, except for hunting, fishing, and trapping rights, under Federal treaty, executive order, agreement, statute, or otherwise which may have been diminished or lost pursuant to the Act of August 13, 1954 (68 Stat. 724-28; 25 U.S.C. [sction symbol] 691-708).
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(d) Except as specifically provided in this Act, nothing contained in this Act shall alter any property rights or obligations, any contractual rights or obligations, or any obligations for taxes already levied.
(e) In providing to the tribe such services to which it may be entitled upon its recognition pursuant to subsection (a) of this section, the Secretary and the Secretary of Health, Education, and Welfare, as appropriate, are authorized, from funds, appropriated pursuant to the Act of November 2, 1921 (25 U.S.C. 13); the Act of August 5, 1954 (68 Stat. 674); the Act of January 4, 1975 (88 Stat. 2203); or any other Act authorizing appropriations for the administration of Indian affairs, upon the request of the tribe and subject to such terms and conditions as may be mutually agreed to, to make grants and contract to make grants which will accomplish the general purposes for which the funds were appropriated. The Siletz Interim Council shall have full authority and capacity to be a party to receive such grants to make such contracts, and to bind the tribal governing body as the successor in interest to the Siletz Interim Council: Provided, however, That the Siletz Interim Council shall have no authority to bind the tribe for a period of more than six months after the date on which the tribal governing body takes office.
SEC. 4. (a) Within fifteen days after the enactment of this Act, the Secretary shall announce the date of a general council meeting of the tribe to nominate candidates for election to the Siletz Interim Council. Such general council meeting shall be held within thirty days of the date of enactment of this Act. Within forty-five days of the general council meeting provided for herein, the Secretary shall hold an election by secret ballot, absentee halloting to be permitted, to elect the membership of the Siletz Interim Council from among the nominees submitted to him from the general council meeting provided for herein. The ballots shall provide for write-in votes. The Secretary shall approve the Siletz Interim Council elected pursuant to this section if he is satisfied that the requirements of this section relating to the nominating and election process have been met. The Siletz Interim Council shall represent the Siletz people in the implementation of this Act and shall be the interim tribal governing body until tribal officials are elected pursuant to Section 5(c) of this Act. The Siletz Interim Council shall have no powers other than those given to it in accordance with this Act. The Siletz Interim Council shall have no power or authority under this Act after the time which the duly-elected tribal governing body takes office: Provided, however, That this provision shall in no way invalidate or affect grants or contracts made pursuant to the provisions of section 3(e) of this Act.
(b) In the absence of a completed tribal roll prepared pursuant to subsection (d) hereof and solely for the purposes of the general council meeting and the election provided for in subsection (a) hereof, all living persons on the final roll of the tribe published under section 3 of the Act of August 13, 1954 (25 U.S.C. 693), and all descendants, who are at least eighteen years of age and who possess at least one-fourth degree of Siletz Indian blood of persons on such roll shall be entitled to attend, participate, and vote at such general council meeting and such election. Verification of descendancy, age, and blood quantum shall be made upon oath before the Secretary or his authorized representative and his determination thereon shall be conclusive and final. The Secretary shall assure that adequate notice of such meeting and election shall be provided eligible voters.
(c) If vacancies occur on the Siletz Interim Council the Siletz Interim Council shall hold a general council meeting within thirty (30) days after receiving written notice of such vacancy. The Siletz Interim Council shall give at least ten (10) days notice of such general council meeting. Any vacancy or vacancies shall be filled at such general council meeting after nominations have been made at such general council meeting. The person or persons receiving the highest number of votes shall fill the vacancy or vacancies. Eligibility to vote at such general council meeting shall be determined by the procedures provided for in subsection (b) hereof except that verification of descendancy, age, and blood quantum shall be made upon oath before the Siletz Interim Council and their determination thereon shall be conclusive and final. The Siletz Interim Council shall assure that adequate notice of such meeting and election shall be provided eligible voters.
(d) The membership roll of the tribe which was published in the Federal Register on July 12, 1956 is hereby declared open. The Secretary, under contract with the Siletz Interim Council, shall proceed to make current the roll in accordance with the terms of this Act. The names of all enrollees who are deceased as of the date of enactment of this Act shall be stricken. All persons shall be added to the roll who were entitled to be included on the roll of July 12, 1956 but who were not, for whatever reason, included on that roll. The names of any descendents of an enrollee shall be added to the roll provided such descendant possesses at least one-fourth degree Siletz Indian blood. Upon installation of elected constitutional officers of the tribe, the Secretary and the Siletz Interim Council shall deliver their records, files, and any other material relating to enrollment matters to the tribal governing body. All further work in bringing and maintaining current the tribal roll, including the determination of memberhip in the tribe, shall be performed by the tribe in such a manner as may be prescribed in accordance with the tribal governing documents. Until responsibility for the tribal roll is assumed by the tribal governing body, appeals from the omission or inclusion of any name upon the tribal roll shall lie with the Secretary and his determination thereon shall be final. The Secretary shall make the final determination of such appeal within ninety days after an appeal is initiated.
SEC. 5. (a) Upon request from the Siletz Interim Council the Secretary shall conduct an election by secret ballot, pursuant to the provisions of the Act of June 18, 1934, for the purpose of determining the tribe's con- stitution and by-laws. The election shall be held within sixty days after final certification of the tribal roll.
(b) The Siletz Interim Council shall distribute to all enrolled persons who are entitled to vote in the election, at least thirty days before the election, a copy of the constitution and by-laws as drafted by the Siletz Interim Council which will be presented at the election, along with a brief impartial description of the constitution and by-laws. The Siletz Interim Council shall freely consult with person entitled to vote in the election concerning the text and description of the constitution and by-laws. Such consultation shall not be carried on within fifty feet of the polling places on the date of the election.
(c) Within one hundred and twenty days after the tribe adopts a constitution and by-laws, the Siletz Interim Council shall conduct an election by secret ballot for the purpose of determining the individuals who will servee as tribal officials as provided in the tribal constitution and by-laws. For the purpese of this initial election and notwithstanding any provision in the tribal constitution and by-laws to the contrary, absentee balloting shall be permitted and all tribal members who are eighteen years of age or over shall be entitled to vote in the election. All further elections of tribal officers shall be as provided in the tribal constitution and by-laws and ordinances adopted thereunder. In any election held pursuant to this section, the vote of a majority of those actually voting shall be necessary and sufficient to effectuate the adoption of a tribal constitution and by-laws and the initial election of the tribe's governing body, so long as, in each such election, the total vote cast is at least 30 percent of those entitled to vote.
SEC. 6. (a) The Secretary shall negotiate with the Siletz Interim Council to develop a plan for the assumption of the assets of the tribe. The Secretary shall submit such plan to the Congress within six months from the date of the enactment of this Act.
(b) If neither House of Congress shall have passed a resolution of disapproval of the plan within sixty (60) days of the date the plan is submitted to Congress, the Secretary shall, subject to the terms and conditions of the plan negotiated pursuant to subsection (a) of this section, accept the assets of the tribe, but only if transferred to him by the tribe subject to the laws of Oregon. Such assets shall be subject to all valid existing rights, including, but not limited to, liens, outstanding taxes (local, State, and Federal), mortgages, outstanding corporate indebtedness of all types, and any other obligation. The land and other assets transferred to the Secretary pursuant to this subsection shall be subject to foreclosure or sale pursuant to the terms of any valid existing obligation in accordance with the laws of the State of Oregon. Subject to the conditions imposed by this section, the land transferred shall be taken in the name of the United States in trust for the tribe and shall be their reservation. The transfer of assets authorized by this section shall be exempt from all local, State and Federal taxation. All assets transferred under this section shall, as of the date of transfer, be exempt from all local, State, and Federal taxation.
(c) The Secretary shall accept the real property (excluding any real property not located in or adjacent to the former boundaries of the reservation) of members of the tribe, but only if transferred to him by the Siletz owner or owners. Such property shall be subject to all valid existing rights including, but not limited to, liens, outstanding taxes (local, State, and Federal), mortgages, and any other obligations. The land transferred to the Secretary pursuant to this subsection shall be subject to foreclosure or sale pursuant to the terms of any valid existing obligation in accordance with the laws of the State of Oregon. Subject to the conditions imposed by this subsection, the land transferred shall be taken in the name of United States in trust for the tribe and shall be part of their reservation. The transfer of assets authorized by this section shall be exempt from all local, State, and Federal taxation. All assets transferred under this section shall, as of the date of transfer, be exempt from all local, State, and Federal taxation.
(d) The Secretary and the Siletz Interim Council shall consult with appropriate State and local government officials to assure that the provision of necessary governmental services is not impaired as a result of the transfer of assets provided for in this section.
SEC. 7. The Secretary is hereby authorized to make such rules and regulations as are necessary to carry out the provisions of this Act.
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Salem, Oreg., December 4, 1975.
U.S. Senator,
Washington, D.C.
I understand that the Confederated Tribes have agreed to the following substantive language for Section 3(c) in an effort to accommodate my and other concerns about hunting, trapping and fishing rights:
"3(c) This Act shall not grant or restore any hunting, fishing, or trapping rights of any nature to the tribe or its members."
The only other change I understand is to be made in the proposed draft is to delete the allusion to Section 3(c) in Section 3(b): "as described in Section 3(c)."
I do not believe that the legitimate needs of the Siletz Confederated Tribe should be jeopardized or made subject to Congressional consideration of the much larger question respecting fishing and hunting rights.
BOB.
BOARD OF COUNTY COMMISSIONERS,
Newport, Oreg., October 13, 1975.
Senate Office Building,
Washington, D.C.
Tribal Identity is an important factor to these people and at a full general Council meeting last June, more than 140 members of the Tribe voted to support the Siletz Restoration Bill" which will continue and improve Social progress for these people.
The Restoration Bill will correct some of the loss of Federal benefits received in Health, Education, and Welfare that these individuals have not had the benefits from. Under Title IV, recognized tribes can receive additional aid in the Indian Education Act, C.E.T.A. and many other H.E.W. Programs. Without this recognition many of these available aids will be lost.
B.I.A. programs and other Federal Administered benefits will mean more and better job opportunities upon the Restoration Bill's" passage.
The Board of Commissioners of Lincoln County urge you to help in any way possible to better these Citizens and we as a Board will help any way possible.
LINCOLN COUNTY
BOARD OF COMMISSIONERS
Salem, Oreg., September 28, 1975.
Senate Office Building,
Washington, D.C.
I have worked with Mayor Bensell, who is now President of the Confederated Tribes of Siletz, in the past and he is truly a dedicated man. He has a deep heartfelt interest in assisting his people.
I know you will do all in your power to push this much-needed legislation and I just wanted to add my own endorsement.
W. STAN OUDERKIRK,
State Senator.
OFFICE OF THE ASSESSOR,
Newport, Oreg., October 22, 1975.
U.S. Senator, Senate Office Building,
Washington, D.C.
I am sure you are aware of my appointment to five Counties for the A.A.R.P.N.R.T.A. Joint Legislative Committee, and that these organizations have given endorsement to your Bill.
As a Part-Indian, and a member of the Cherokee Nation, and since I am in the process of being adopted by the Confederate Tribes of Siletz, I wish to offer my support for your Bill, which has great local endorsement.
We all talk about Affirmative Action, and I am sure that everyone concerned must do their part at their own level. We hear it talked at the State level and the Federal level and in my little way, I have my own Affirmative Action program in my office.
We have on the Assessor's staff; eight Part-Indians, five Handicapped, and one of Mexican nationality. So, you see, it has to come from the local level as well as the Federal and State level.
Now, referring back to the Restoration Bill, I am writing to Al Ullman, Jim Weaver, Robert Duncan and Bob Packwood for their support of your Bill.
Would you please send the address of Senator Meads of Washington and Forrest Gerrard, who I understand, is on the Sub Committee for the Senate, as I would like to write to both of them.
Also, would it be possible for you to send me a copy of this Bill, which you intend to introduce.
Mark, you know you have my full support as a Senator and I would appreciate keeping in close contact with you with regard to any legislation that you might introduce.
They hare having a Pow-Wow at Siletz on November 12. I am sorry to say, I will not be able to attend, due to illness in the family, I will be in Albuquerque, New Mexico that week, but I understand Forrest Gerard will be in attendance.
Any information that will be helpful to me, I will appreciate, Mark.
Sincerely,
JAMES (JIM) H. JOHNSON, Assessor.