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 |  | Saturday November 7, 2009 7:07 AM |
 | | CHILDREN of the SUN by David Wynecoop | |
CHILDREN of the SUN: Chapter 5
The Reservation Today
In 1913, the Bureau of Indian Affairs decided to abandon its
headquarters at Lincoln, Washington, and establish an agency
office at Wellpinit to serve the Spokane Reservation. The
Wellpinit agency was reduced to a sub-agency in 1925 when
government officials decided in the best interests of economy
and administration to consolidate the Colville and Spokane
agencies into one office on the Colville Reservation. The
consolidation was perhaps necessary, but the following years
were discouraging ones for the Spokane tribe. The services to be
provided were sporadic and the Spokanes soon became a
"step-child" to the Colville Reservation.
During the period between 1917 and 1921, the pressure for more
land from white settlers resulted in further schemes to reduce
the land holdings of the Indian. The government's policy at that
time was to destroy tribal identity which was based on Indian
land holdings. To accomplish this, fee patents were issued to
those allottees who were determined to be competent to handle
their own affairs. Through unpaid taxes and sale to whites at
low prices, more of the Indian land base was alienated.
The first timber sale to be advertised for bid on the Spokane
Reservation was the Ford Unit on April 12, 1918. The sale
contained six million board feet of timber and was sold to F. E.
Reed at the price of $3.00 per thousand for pine and $1.50 for
other species. The next day, April 13, the Chamokane Unit was
sold at comparable prices to Deer Park Pine Lumber Company. This
was the beginning of timber sales on the Reservation and through
the years timber sales have been the largest contributor of
Tribal income. Currently, the Chamokane No. 2 Logging Unit is
under contract to Suntex Veneer, Inc. with an annual cut of 18
million board feet. During 1968 and 1969, the lumber industry
experienced a depressed period which resulted in curtailed
operations and subsequent lessened income to the Tribe and
unemployment to employees.
The American Indians became citizens of the United States under
the Act of June 2, 1924. Before this time, an Indian could only
become a citizen if he severed his tribal affiliation. 'Me
"First American" was not a citizen of his own country until
centuries after the first white man set foot on America.
Perhaps the best investment the Spokane Tribe has ever made was
the appropriation of $30,000 of tribal funds for a land purchase
program in the late 1930's. Thousands of acres of timber and
agricultural lands were purchased by the Tribe from non-Indians
and returned to tribal ownership. The price of land and timber
at that time was low enough to enable the Tribe to make a
considerable profit over the years that followed. Public Law
85-240, enacted May 19, 1958, provided for the restoration of
all vacant and undisposed ceded lands on the Spokane Reservation
to the Tribe. This law returned 2,752.35 acres of land to tribal
ownership which originally had been declared surplus and made
available under the Homestead Act. In 1968, Congress passed
legislation allowing the Tribe to purchase fee patented lands
and return them to trust status. 'Me legislation also provides
for 99 year leases and for the sale of allotments. The provision
allowing the sale of allotments was desperately needed to help
in partially solving the land heirship problem. Probably the
most complicated problem facing the Bureau and Tribe is the
complex heirship problems. Of the 380 allotment still in
existence today, 30 per cent have ten or more owners. This not
only takes a mathematician to calculate the exact percentage of
timber sales, mineral leases, or land sales for the owners. As
of June 30, 1969, the Spokane Tribe owned approximately 97,000
acres of land and allottees or heirs owned about 41,000 acres.
Shortly after the initial land purchase program in the 1930's
which returned large tracts of land to the Tribe, Congress
passed the Act of June 29, 1940, authorizing the acquisition of
Tribal and allotted lands along the Spokane River for the Grand
Coulee Dam and Reservoir. The law condemned all lands up to the
elevation of 1310 feet above sea level. Since the high water
level of the newly created lake was only 1290 feet above sea
level, there became a "no man's land" of twenty feet in
elevation separating the Reservation from the lake. 'Me twenty
feet of "freeboard" was included in the law to give all citizens
an equal opportunity to enjoy the recreational opportunities
Lake Roosevelt would offer. The Reservation lands have become
"second lots" real estate which restricts the development of
this potentially valuable natural resource.
Another provision of the Act which created Lake Roosevelt
directed the Secretary of the Interior to set aside one-quarter
of the entire lake for paramount hunting, fishing, and boating
rights of the Spokane and Colville Indians. This was to be
retribution for the loss of salmon fishing in the Spokane and
Columbia Rivers. This "Indian Zone" has never been legally
determined. The the Spokanes are entitled to one-half the
Spokane arm of the Lake, but this is considerably less than the
area held before creation of the Lake, since the Executive Order
establishing the Reservation stated the Reservation boundary ran
to the south bank of the Spokane River. During the low water
level, usually February and March, it can easily be seen that
the majority of the land under water once belonged to the
Spokane Tribe.
The Indian Claims Commission was created on August 13, 1946, to
adjudicate claims filed by Indian tribes against the United
States. Prior to this, the only means an Indian tribe had to
prosecute claims was through legislation. In 1932, the Tribe
employed attorney William S. Lewis to present its land claim to
Congress. He was successful in having Congress pass the
legislation approving the claim only to have it vetoed by the
President.
On April 15, 1951, the Tribe entered into a contract with the
law firm of Wilkinson, Borden & Barker, later Wilkinson, Cragan
& Barker, to file a claim against the government in behalf o the
Spokane Tribe. On August 10, 1951, the Wilkinson firm file a
claim with the Indian Claims Commission alleging that the a
mount of money paid for the cession of land under the Agreement
of 1887 was unreasonably low. In December, 1966 after years of
legal battles, the law firm presented a proposed settlement to
the Tribal members which was accepted. In February 1967 the
settlement was approved by the Indian Claims Corn mission for
6.7 million dollars and on May 29 of that year, President
Johnson signed into law the appropriation of these funds.
Congress required the Tribe to draft a plan for the use of the
funds before they would be released. The plan as drafted and
accepted by the government provided that one-half of the
settlement or approximately $3,000,000 would be paid to
individual members of the Tribe and the balance used for
reservation development. 'The distribution of $1,750 to each
adult member was made in September, 1968. The minors' shares are
held in trust until they become 21 years of age or until an
acceptable plan is formalized by their parents to benefit the
minor children.
Three million dollars of the settlement were set aside for the
following programs: Land Acquisition and Consolidation
$1,250,000; Resource Development $750,000; Credit Program,
$250,000; Scholarship and Education Grants $250,000; and a
Reserve of $500,000. The Land Acquisition and Consolidation, and
Credit Program are now operational while the other programs are
under extensive planning stages. 'Me Tribal Constitution and
Bylaws were ratified in a referendum by Members of the Spokane
Tribe on May 12, 1951. The Commissioner of Indian Affairs
approved the Constitution and By-Laws on June 27, 1951. The
Constitution provided for election of a three man business
council to administer the affairs of the Tribe. The traditional
general council was retained only in an advisory capacity and
meets annually on the third Friday of April. The Tribal Council
serves as both the legislative and executive branches of the
Tribe. It usually meets on Thursday of each week.
Tribal Council positions are challenging and responsive, but
more often, very trying. They not only function under the
provisions of the Constitution and By-laws, but also numerous
federal laws and consequently many times they are blamed for
lengthy delays which are unavoidable. The present councilmen are
Alex Sherwood, Chairman; Alfred E. McCoy, Secretary; and Robert
J. Flett, Member. They certainly have a tremendous
responsibility in administering the affairs of the Tribe. With
the Claims Settlement, Tribal business has grown from what was
once a "shoe-string" operation to a multi-million dollar
business. Big business has prompted the Tribal Council to
utilize all available advisory resources and legal counsel to
best oversee Tribal business.
The Tribe maintains a business office at Wellpinit which
administers the day-to-day Tribal business. The office is
staffed with an Executive Secretary and Clerk who are
responsible for maintaining volumes of enrollment and vital
statistic records, correspondence, and numerous other duties.
The Law and Order Program is operated by the Tribe at its own
expense. 'Me Tribe employs two full time policemen equipped with
modern facilities including a new jail, and police cars with
two-way radios. They also have a three man court system with a
Chief Judge and two Associate Judges.
As of November 1, 1969, there were 1,657 enrolled members of the
Spokane Tribe. Only about one-third live on the Reservation with
a heavy concentration of off-Reservation members living in the
city of Spokane. Reservation residents are employed in the
logging and mining industry and are considered by their
employers to be dependable, hard working employees. A few
members are engaged in farming and livestock enterprises. A
majority of the members live in modern homes with everyday
conveniences such as electricity, telephones, television, etc.
The public school located at Wellpinit was built in 1938 with
$75,000 in federal funds and offers a well rounded academic
curriculum to the students. The elementary and high school
enrollment reached 160 during the fall of 1969 with about 90% of
the enrollment being Indian.
The responsibility of the federal government to the Indian is to
provide technical assistance and sense as trustee of the
reservation lands. The Bureau of Indian Affairs is solely
responsible for the administration and trusteeship of allotments
while the Business Council works cooperatively with the Bureau
on matters involving Tribal land. The Bureaus no longer dictates
policy and programs, but instead works with the Tribe in a
common effort to improve the economical, social, and educational
needs of the Tribal members. Many non-Indians still believe that
Indians receive a monthly check from the government, but of
course this is not true. The only funds an individual receives
is from Tribal dividend payments derived from timber and mineral
income.
The mining industry began making a large contribution to the
local economy in 1954 when a large uranium deposit was
discovered by James and John LeBret. Although the primary ore
body is located on the allotment belonging to the Boyd family,
mining has provided jobs and income to the Tribe. Western
Nuclear, Inc. a Denver, Colorado, mining concern, has leased
thousands of acres of Reservation land and is carrying on an
extensive exploration program. It has announced plans to
construct processing plant and have it operational sometime in
the early 1970's.
The Indian Division, U.S. Public Health Service, provides
medical and dental care for Tribal members. A $100,000 modem
health and dental clinic is now under construction at Wellpinit
to improve services. Presently, the existing clinic is staffed
two days a week to provide the necessary services. The Health
Service undertook an overall sanitation improvement program in
1962 to develop adequate water supplies for the 120 reservation
homes. A follow-up program was implemented in 1969 and most
homes now equal or surpass health standards.
The Spokane Tribe has long opposed any attempts to terminate
federal supervision over its Reservation. The Tribe believes
that through cooperative efforts with the federal government the
Reservation can thrive and become a self-sustaining entity. 'Me
Tribe knows that if the Reservation land base is ever lost, its
identity will also fade. United, the Spokane Tribe will
withstand efforts to terminate and plots to reduce its land
base. In the end, the Tribe will emerge as the victors and will
have preserved its culture and traditions: but most important,
the Spokane Indians will have retained their identity as a
distinct and proud race.
Last Updated December 21, 2004
 
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