Tribes acquiring off-reservation land in Federal Trust
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Editor,
The Treaty of Hellgate, ratified March 8, 1859, Article I. “The said confederated tribes of Indians hereby cede, relinquish, and convey to the United States all their right, title, and interest in and to the country occupied or claimed by them, bounded and described as follows, to wit: …”
“Article II. There is however, reserved from the lands above ceded, for the use and occupation of the said confederated tribes, and as a general Indian reservation upon which may be placed other friendly tribes and bands of Indians … the tract of land include within the boundaries, to wit:”
This translates to all land (now referred to as “aboriginal”) outside the current reservation boundaries were sold to the U.S. Socially right or wrong today, that’s an indisputable fact of 1859. That land became part of the public domain of the U.S.
The 58-acre tract known as Medicine Tree Falls lies about 87 miles outside the reservation in aboriginal territory of the Salish tribe and is now known as public domain. It is uninhabited and undeveloped. Everyone is free to visit it at any time. Why is it therefore necessary to remove it from public domain and place it in Federal Trust for the Confederated Salish and Kootenai Tribes? The tribes have no intention of swapping it for non-tribally owned land within the Reservation; it is claimed to be “living evidence to a way of life gone but not forgotten.”
Exactly how will this action facilitate tribal self-determination by preserving a culturally sensitive area? Isn’t all of their claimed aboriginal land culturally sensitive? Kootenai Falls outside Libby was claimed to be of religious significance and also acquired within Federal Trust … outside the reservation.
Seems that the Bureau of Indian Affairs has a blank check with little or no restrictions when expanding the reservation by tribal request.
Michael Gale
Ronan
