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Introduction to Oregon's Indian Tribes

Oregon’s tribal members speak of being in this area now called Oregon “from time immemorial.” Archaeological evidence from different areas of the state provides information about villages and traditional lifeways dating back many thousands of years.

Tribal governments represent unique legal entities in the United States and are distinct political communities with extensive powers of self-government. Oregon tribal governments are separate sovereigns with powers to protect the health, safety and welfare of their members and to govern their lands. This tribal sovereignty predates the existence of the U.S. government and the state of Oregon. Indians residing in Oregon are citizens of their Tribe and of Oregon and, since 1924, are also citizens of the United States.

 

Oregon’s tribal population, according to the 2000 U.S. Census, was 45,211. This figure will certainly increase by several thousand in the 2010 Census. Close to 50 percent of the total Oregon Indian population are members of Oregon tribes. The others are members of tribes in other states, members of non-recognized tribes or those who self-identify as “American Indian” for the Census.

 

Oregon’s tribal population is about 1.6 percent of the total Oregon population. There are Indians in all 36 Oregon counties.

The federal Bureau of Indian Affairs, within the U.S. Department of the Interior, is the primary agency with responsibility to protect tri­bal interests and administer the federal government’s trust obligations. At times, the federal government has been supportive of tribal self-determination and, in other periods, has adopted policies and passed legislation having a negative impact on the ability of tribes to govern as viable sovereigns. One such policy in the 1950s was called “Termination,” which was an attempt to sever federal trusteeship and support for tribal sovereignty. Of the 109 tribes and bands terminated nationwide, 62 were located in Oregon. In 1975, the federal government recognized the failure of its termination policy and passed the Indian Self Determination and Education Assistance Act, which gave all governments the opportunity to contract with federal agencies for services previously provided by the federal government.

 

Shortly after passage, several tribes which had been terminated in the 1950s, mounted efforts to restore their sovereign nations using the Indian Self Determination and Education Assistance Act and other available authority. In 1977, the Confederated Tribes of Siletz was the second tribe in the nation to achieve restoration. They were followed by the Cow Creek Band of Umpqua Tribe of Indians in 1982, the Confederated Tribes of Grand Ronde in 1983, the Confederated Tribes of Coos, Lower Umpqua and Siuslaw in 1984, the Klamath Tribes in 1986 and the Coquille in 1989.

In addition to these six tribes, there are three other federally recognized tribal governments in Oregon: the Confederated Tribes of Warm Springs (Treaty of 1855), the Confederated Tribes of Umatilla (Treaty of 1855) and the Burns Paiute Tribe (established by Executive Order in 1972). There are two other entities within Oregon with federal recognition: Ft. McDermitt Paiute Shoshone Tribe is a federally-recognized tribal government in Nevada with reservation lands in Oregon, and Celilo Village, a federally-recognized tribal government near The Dalles, jointly administered by the Confederated Tribes of Warm Springs, the Confederated Tribes of Umatilla and the Yakama Indian Nation (Washington).

All Oregon tribal governments have reservation or trust lands created by treaties or federal acts. These are lands over which tribal governments have regulatory authority unless that authority has been removed by Congress. Over 875,000 acres, or 1.4 percent of land within Oregon’s boundaries, are held in trust by the federal government or are designated reservation lands. Like other sovereigns, tribal governments have the authority to decide their own “membership” or citizenship quali­fications and have a right to exclude individuals from their reservations. Just as the state does not collect tax on federal lands nor tax federal or local governments or non-profit corporations, Oregon does not tax tribal governments. However, all tribal members as individual citizens pay federal taxes and most pay state taxes, with the exception of those who live and work on a reservation or earn money on reservation/trust lands or from trust resources.

Public Law 280 gave the state certain civil and criminal jurisdiction over tribes with the exception of the Confederated Tribes of Warm Springs and the Confederated Tribes of Umatilla which are “non Public Law 280” tribes. Notwithstanding Public Law 280, all Oregon tribes have the authority to elect their own governments and adopt laws and ordinances. Oregon tribal governments have their own departments dealing with governmental services and programs in the areas of natural resources, cultural resources, education, health and human services, public safety, housing, economic development, administration and other areas. Oregon maintains a government-to-government relationship with Oregon tribal governments as directed in ORS 182.162 to 182.168.

Passage of the National Indian Gaming Regulatory Act (NIGRA) in 1988 created the opportunity to build gaming centers on reservation or trust lands. Besides providing employment opportunities for tribal members and citizens of surrounding communities, revenues from these tribal enterprises fund health clinics, education, scholarships, housing and other services. All Oregon tribal governments are striving to diversify their revenue streams and are actively pursuing other avenues for generating revenue. These gaming and other enterprises have made these tribal governments some of the largest employers in their respective counties—generating employment for tax-paying employees. This benefits local communities and the entire state.

Most Oregon Indian tribes are “confederations” of three or more tribes and bands. Each tribe’s area of interest may extend far beyond its tribal governmental center or current reservation location. The federal government acknowledges that many tribal members do not live on tribal lands and, therefore, allows for tribes to provide certain governmental programs in specified service areas. For example, the Confederated Tribes of Siletz service area includes 11 Oregon counties: Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill.

 

Source
Legislative Commission on Indian Services
Address: 900 Court St. NE, Rm. 167, Salem 97301
Phone: 503-986-1067
Fax: 503-986-1071
Web: www.leg.state.or.us/cis
Statutory Authority: ORS 182.162 to 182.168