Indian treaties just as valid today as when they were signed: Furse

November 16, 2005

WINCHESTER -- When land bought by the Cow Creek Band of the Umpqua Tribe of Indians or any other tribe goes into tribal trust, title of the property goes to the federal government, former U.S. Rep. Elizabeth Furse told a standing-room audience Tuesday evening.

As a result, those lands are removed from the property tax rolls, the same as any other federal property or land owned by cities, counties, schools, churches or nonprofit organizations.

The difference, Furse told the audience of 225 people at the Centerstage Theatre at Umpqua Community College, is that the tribes were granted that benefit as a result of signing away rights to their ancestral lands in the 1800s. In exchange, the United States obtained title to land, water and other natural resources.

"Tribes paid their taxes forever through their cessation of title to their lands," Furse said.

The 1853 treaty between the U.S. government and the Cow Creeks was arranged by Quin-li-oo-san, also known as Big Head and the main chief of the Cow Creeks; My-n-e-letta, known as Jackson; Quin-li-oo-san's son Tom; and Joel Palmer, the superintendent of Indian Affairs in the Oregon Territory.

Furse said just because the treaty is old doesn't make it any less relevant today.

The authority for treaties signed between the U.S. and tribes and other foreign nations comes from the U.S. Constitution itself, the law of the land.

Although some people may believe tribes receive some sort of unfair advantage through recognition of their treaty status, it all goes back to the Constitution, said Furse, director of The Institute for Tribal Government at Portland State University.

"We can't uphold one article (of the Constitution) and not another," Furse said.

A few years ago, the state of Washington passed a law outlawing the use of anything other than a hook and line for catching steelhead. The federal government sued the state, claiming the restriction violated a provision contained in treaties with Northwest tribes.

The case went to the U.S. Supreme Court, which struck down the law.

Another case established that the Pueblo tribe in New Mexico had the right to demand that clean water come from a river leading to their reservation. The city of Albuquerque was ordered to improve the quality of treated water discharged into that river.

Present-day concerns about Indian treaty rights stem from a misunderstanding of how treaties work, Furse said. They carry the same weight as an agreement signed with a foreign nation, such as Spain or France.

"I believe those objections are mostly based on a lack of understanding of the U.S. Constitution, that document we all revere," Furse said.

The decision to place land into tribal trust is not made lightly, Furse said. The Bureau of Indian Affairs, a division of the Interior Department, weighs evidence submitted by a petitioning tribe and any other comments submitted concerning the proposal. The final decision is made by the Secretary of the Interior, currently Gale Norton.

"It's really like a court case. Evidence is submitted and then the Secretary of the Interior decides whether to accept the land into trust," Furse said.

The Cow Creek tribe has been criticized by some Douglas County residents for seeking to have property it bought in downtown Roseburg placed into trust. The tribe plans to construct a convention center on the property, but some people, including County Commissioners Dan Van Slyke and Marilyn Kittelman, feel it's unfair that the Cow Creeks would not have to pay property taxes for what amounts to a commercial venture.

Tribal officials say the convention center will provide a large number of new jobs and will benefit other businesses that will supply goods to the center and sell items to those attending conventions there. The tribe is also negotiating with the city of Roseburg to pay for fire and police services and for infrastructure upgrades needed for the convention center.

They say the benefits to the community more than outweigh the loss of the property taxes.

Furse, a Democrat who represented Oregon in Congress for three terms before leaving in 1998, spoke for 45 minutes and then answered questions for more than an hour.

One audience member asked whether concerns over the loss of property taxes from lands placed in tribal trust have been an issue in other parts of the country.

"Taxation has been the least of the worries in places I have been," Furse said. "Hunting and fishing has been the blood and guts issue."

Tribes are often allowed to use nets or spears to catch fish -- methods that are illegal for sport fishermen. They can also fish and hunt in areas that are sometimes off-limits to others.

In response to a question on Indian casinos, Furse said the National Indian Gaming Act, passed by Congress in 1988, placed new restrictions on tribes rather than opening up Indian gaming.

The legislation came in response to a U.S. Supreme Court decision concerning the Cabazon Band of Mission Indians, a small tribe with a reservation located 22 miles east of Palm Springs, Calif. The state of California tried to stop the tribe from offering high-stakes bingo games, but the Supreme Court ruled that states did not have the right to restrict tribal affairs on reservations.

The Gaming Act provides that states can restrict Indian casinos only if no other legal gaming, including bingo parlors and lottery games, are allowed.

UCC President Blaine Nisson, who invited Furse to speak, said he was surprised and gratified by the large turnout. The audience included a number of Cow Creek tribal members, others who have supported their position on the convention center land and many who have opposed placing that land in trust. Others just wanted to learn more about tribal law.

"The audience far exceeds my expectations," he said before introducing Furse. "I'm glad we have such interest in this topic."

Roseburg resident Sara Byers said she was pleased to have a person of Furse's stature come to speak.

"I'm glad they had this program," Byers said. "People need to be educated."

Kittelman, who drove to UCC after spending the day in Eugene at a statewide counties conference, said she found Furse's address informative.

"I think it brought out people with a lot of different opinions," Kittelman said. "I'm glad I came."

Van Slyke said he wanted to attend the speech, but he and fellow Commissioner Doug Robertson are staying in Eugene for the weeklong conference. Kittelman is driving back each day to her home in Yoncalla.