Getting Their Due: Indian Claims Cases of Oregon Tribes

The Oregon tribes have sued the United States on numerous occasions in the past 100 years.  Tribes across the United States began suing the federal government for non-payment of land (unratified treaties, American invasion of tribal reservation lands and survey errors), for mis-management of finances, and for misuse of the tribal lands in the early part of the 20th century. The tribes had to request a special right to sue the government from Congress and then they could file the lawsuit. The lawsuits became so common that they began taxing the federal court system. The United States had to pay the court and the attorneys on their side and because of the rights of the tribes (dependent sovereign nations), the federal government had to pay for the attorneys for the tribes as well.

Many of the cases were taking 30 or more years to complete and lawmakers advocated for the special Indian Court of Claims saying that the “Indians deserve their day in court.”  In 1946 the United States establish the Court of Claims to hear Indian Claims cases. The initial plan was that the court would only be in business for only 5 years, but the dockets became so full that the court was continually renewed until 1978, when it was closed. In that time the court had heard 546 cases, and awarded 818,172,606.64. The remaining cases were transferred to the regular federal courts.

 

Ind. Claims Case First findings Final award Award Issue
California Indians V US (Dkts 31 & 37) 5/6/1949 7/20/1964 29,100,000 Land
Chinook V US (Dkt 234) 4/16/1958 12/3/1971 48,692.05 Land
Coos Bay (Dkt 265) 7/11/52 dismissed
Kalapuya et al V US (Dkt 238) 11/17/54 dismissed
Klamath, Modoc & Yahooskin V US (Dkt 100) 4/9/54 1/31/64 2,500,000 Land
Klamath Modoc & Yahooskin (Dkt 100-A) 5/14/69 9/2/69 4,162,992.80 Land
Klamath, Modoc & Yahooskin (Dkts 100-B01 & 100-C) 10/31/75 1/21/77 18,000,000 (B), 785,000 (C) Accounting
Klamath, Modoc & Yahooskin (100-B-2) 6/26/74 6/26/74 (dismissal)
Nez Perce (Dkt 175) 3/21/67 8/25/71 3,550,000 Land
Nez Perce (Dkt 175-A) 12/31/59 6/17/60 4,157,605.06 Land
Nez Perce (Dkt 175-B) 4/7/64 11/1/72 1,387,911 Land
Nez Perce of Idaho (Dkt 179-A) Transferred to court of claims
Nez Perce (Dkt 180) 6/4/52 12/4/1957 Dismissed (viable claims severed)
Nez Perce (Dkt 180-A) 8/10/55 5/12/61 3,000,000 For gold removed from reservation and other related
Paiute nation (Snake) (Dkt 87) 3/24/59 Snake Indians

(7/3/61)

3,650,000 Land
Shoshone-Bannock (Fort McDermitt inc) (Dkts 326 D-H, 366, 367) 2/13/1968 2/13/68 15,700,00 Accounting, Land (consolidating dockets)
Snake, Piute of Malheur res (Dkt 17) 12/29/50 12/4/59 567,000 Land
Tillamook et al

(Dkt 239)

11/23/55 6/17/58 416,240.85 Land
Tillamook Band of Tillamooks et al (Dkt 240) 6/10/55 8/27/62 72,162.50 (Nehalem)

97,025 (Tillamook)

Land
Umatilla Reservation Conf. Tribes (Dkts 264, 264-A, 264-B) 6/10/60 2/11/66 2,450,000 Land, fishing rights, survey error (Land)
Warm Springs res. (Dkt 198) 6/10/60 10/17/73 1,225,000 Land interest
Warm Springs  (Dkt 198-A) 6/30/70 dismissed

 

In the table above, California is included for comparison and because a number of members of Oregon tribes had California Indian ancestry. Many tribes on the borderlands between California and Oregon had territories that were originally in both states, and many tribal members inherited those rights.

The complete amount paid to the Oregon tribes including the California award is $90,869,629.26. It is unclear what portion of the California money came to Oregon Indians as well. The total for Oregon without California is $61,769,629.26. This total includes the Shoshone/ Bannock money which was apparently divided among tribes in Nevada and Idaho as well. It is unclear how much came to Oregon Paiute (Shoshone, Bannock) tribes. The Fort McDermitt (Paiute) reservation today spans Oregon and Nevada.

The Nez Perce cases were for those people living on the Colville reservation at the time of the cases. The Nez Perce were originally an Oregon tribe, living in the Wallowas in the northeastern corner of Oregon. Once they were released from Fort Leavenworth, they were sent to the Colville reservation in Washington, and were not allowed to return to Oregon. The Nez Perce (Niimipu) now have a reservation in Idaho.

Finally, when the California Indians won their case in 1950, several tribes on the Nevada and Oregon borders of California filed against the case stating that it was not only California Indians that have a claim in the state. The state was divided into two jurisdictions, A and B, based on this counter-claim. It is likely that some of the Klamath, Modoc and Yahooskin Band of Paiutes received some of the California money as well.

 

References

United States Indian Claims Commission, August 13, 1946, September 30, 1978 : final report. https://babel.hathitrust.org/cgi/pt?id=umn.31951p00289070n;view=1up;seq=5

University of Oklahoma Library, Digital Collections, Indian Court of Claims Decisionshttp://digital.library.okstate.edu/icc/index.html

 

Advertisements

3 comments

  1. Hey David,

    Great concerns you raise here. I just sent this to my Tribe’s leaders about these large case settlements that we may be a part of:

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s