Dear Editor,At the November, 2024 Siletz General Council, a friend asked me the following question: “Are you enrolled in the Chinook Indian Nation (CIN)?”“No,” I […]
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I found a document on the web. It’s been there since April 2018, freely accessible to the public for years. It was written in March 2018 by Siletz tribal attorney Craig Dorsay. It explains what you’re talking about in your letter. https://penzu.com/p/9c10250df12ec520
MEMORANDUM
TO: Siletz Tribal Council
Angela Ramirez, Enrollment Clerk
Brenda Bremner, General Manager
Lea Ann Easton, Tribal Attorney
FROM: Craig J. Dorsay, Tribal Attorney
SUBJECT: Enrollment: Compilation of Federal Rolls and Records Documenting Siletz Blood
Quantum for Purposes of Enrollment
DATE: March 15, 2018
Recent events involving the eligibility for Siletz membership of Dick Basch and other
members of the Clatsop-Nehalem group that has legislatively been seeking federal recognition
has highlighted the need to implement a Section of the Enrollment Ordinance that was amended
in 2016, regarding the compilation of rolls and records that can be used by the Enrollment
Committee to determine the eligibility of persons to be enrolled as Siletz members.
The Siletz Tribe in recent years has been confronted with efforts by a number of groups
seeking independent federal recognition as a tribe or band that is part of the Siletz tribal
confederation as defined in the Siletz Geographic Areas of Tribal Interest Ordinance. The Siletz
Tribe is the (or a) legal successor in interest to those named tribes and bands of Indians. When
these groups are told that the bands or tribes in question are already part of the Siletz Tribe, their
response normally is that they are not eligible to be enrolled in the Siletz Tribe because their
ancestors are not named on any federal roll or record of Siletz members, and/or that they have
applied for Siletz membership and been denied.
This situation places the Siletz Tribe in a difficult situation. The Siletz Tribe opposes
recognition of these splinter groups because the tribes and bands they claim to be descended
from are already part of the Siletz Tribe. But representatives of these groups respond that they
are not eligible for enrollment in the Siletz Tribe. This makes it difficult to oppose independent
federal recognition of these various groups if they can’t be part of the Siletz Tribe. We have
talked about this extensively; if the Siletz Tribe claims to be the legal successor to these
historical bands and tribes, it needs to entertain the eligibility of descendants of these tribes and
bands (assuming blood quantum is met) for membership in the Siletz Tribe. Otherwise the
attempts of these groups to obtain federal recognition will continue, and at some point may be
Page 2
successful. At that point, as we know from current issues with Smith River/Tolowa and the
Ruffey group, the Tribe will have to deal with claims by the newly recognized tribe to assume
complete successorship of the historical tribes and bands, and to move into Siletz territory.
The issue has been what rolls and records the Siletz Enrollment Committee can rely upon
in reviewing and recommending applicants for membership to the Tribal Council for approval.
The Enrollment Committee is constrained by the language of Article I, Section 1 of the Siletz
Constitution, which states that Siletz blood quantum will be determined by “all Indian blood
derived from a direct ancestor who was named on any roll or records of Siletz tribal members
prepared by the Department of Interior prior to June 3, 1979.” Until 2016, the term “roll or
records of Siletz tribal members” had been limited to federal rolls and records of the Siletz Tribe
and members as settled on the Siletz Coast Reservation. This restriction omits federal rolls and
records of members of Siletz tribes and bands who never made it to the Siletz Coast Reservation,
or left the Reservation at some point.
Tribal Council addressed this matter in 2016 in amendments to the Enrollment
Ordinance. The intent of these changes was to interpret the Constitutional language quoted
above to include federal rolls and records involving constituent tribes and bands of the Siletz
Tribe or individual persons descended from those tribes and bands. The following changes were
made:
1. The definition of Indian blood was expanded to include “blood that is from a tribe or
band of Indians that is part of the Siletz confederation, whether federally recognized or
not.” STC §2.301(a)(2) n.3.
2. Compilation of what specific federal rolls and records that would qualify for
consideration by the Enrollment Committee was specifically addressed: “The Enrollment
Committee, with the assistance of Enrollment staff, shall compile a list of all records and
rolls that qualify as a ‘roll or record of Siletz tribal members prepared by the Department
of the Interior prior to June 3, 1979.’ This list, as it may be amended from time to time,
shall be approved by Resolution of the Tribal Council.” STC §2.301(a)(2)n.4.
3. This second provision is repeated at STC §2.304(c)(1)(A), referring to consideration by
the Enrollment Committee of rolls and records as compiled by the Enrollment Committee
and approved by the Tribal Council as set forth in STC §2.301(a)(2) n.4.
These provision have not yet been implemented. As a result, while the Siletz Tribe has
encouraged members of these groups to apply for Siletz membership as opposed to seeking
independent federal recognition, these persons have been denied a recommendation by the
Enrollment Committee for membership in the Siletz Tribe because the rolls and records relied
upon by these applicants are not currently considered as a federal Siletz roll or record by the
Enrollment Committee. Until this provision is implemented, it will be difficult to prevent these
Enrollment Rolls and Records
Page 3
groups from continuing to seek independent federal recognition because they cannot become
members in the Siletz Tribe.
I therefore recommend that this provision be implemented soon. I am obviously open to
how the Council wants to proceed, but it seems to me that a first step would be a recommended
list of additional rolls and records that the Enrollment Committee can use to determine
membership eligibility, developed by Robert Kentta, Peter Hatch, the Enrollment staff, and the
Enrollment Committee. The Tribal Council can then go over the list at its next Enrollment
workshop, and then propose an official list at its next Council meeting. The list doesn’t have to
be final; it can always be added to. The list should also include all the specific rolls and records
that the Tribe and Enrollment Committee currently use to determine eligibility for enrollment.
Let me know how you would like to proceed.
I found a document on the web. It’s been there since April 2018, freely accessible to the public for years. It was written in March 2018 by Siletz tribal attorney Craig Dorsay. It explains what you’re talking about in your letter.
https://penzu.com/p/9c10250df12ec520
MEMORANDUM
TO: Siletz Tribal Council
Angela Ramirez, Enrollment Clerk
Brenda Bremner, General Manager
Lea Ann Easton, Tribal Attorney
FROM: Craig J. Dorsay, Tribal Attorney
SUBJECT: Enrollment: Compilation of Federal Rolls and Records Documenting Siletz Blood
Quantum for Purposes of Enrollment
DATE: March 15, 2018
Recent events involving the eligibility for Siletz membership of Dick Basch and other
members of the Clatsop-Nehalem group that has legislatively been seeking federal recognition
has highlighted the need to implement a Section of the Enrollment Ordinance that was amended
in 2016, regarding the compilation of rolls and records that can be used by the Enrollment
Committee to determine the eligibility of persons to be enrolled as Siletz members.
The Siletz Tribe in recent years has been confronted with efforts by a number of groups
seeking independent federal recognition as a tribe or band that is part of the Siletz tribal
confederation as defined in the Siletz Geographic Areas of Tribal Interest Ordinance. The Siletz
Tribe is the (or a) legal successor in interest to those named tribes and bands of Indians. When
these groups are told that the bands or tribes in question are already part of the Siletz Tribe, their
response normally is that they are not eligible to be enrolled in the Siletz Tribe because their
ancestors are not named on any federal roll or record of Siletz members, and/or that they have
applied for Siletz membership and been denied.
This situation places the Siletz Tribe in a difficult situation. The Siletz Tribe opposes
recognition of these splinter groups because the tribes and bands they claim to be descended
from are already part of the Siletz Tribe. But representatives of these groups respond that they
are not eligible for enrollment in the Siletz Tribe. This makes it difficult to oppose independent
federal recognition of these various groups if they can’t be part of the Siletz Tribe. We have
talked about this extensively; if the Siletz Tribe claims to be the legal successor to these
historical bands and tribes, it needs to entertain the eligibility of descendants of these tribes and
bands (assuming blood quantum is met) for membership in the Siletz Tribe. Otherwise the
attempts of these groups to obtain federal recognition will continue, and at some point may be
Page 2
successful. At that point, as we know from current issues with Smith River/Tolowa and the
Ruffey group, the Tribe will have to deal with claims by the newly recognized tribe to assume
complete successorship of the historical tribes and bands, and to move into Siletz territory.
The issue has been what rolls and records the Siletz Enrollment Committee can rely upon
in reviewing and recommending applicants for membership to the Tribal Council for approval.
The Enrollment Committee is constrained by the language of Article I, Section 1 of the Siletz
Constitution, which states that Siletz blood quantum will be determined by “all Indian blood
derived from a direct ancestor who was named on any roll or records of Siletz tribal members
prepared by the Department of Interior prior to June 3, 1979.” Until 2016, the term “roll or
records of Siletz tribal members” had been limited to federal rolls and records of the Siletz Tribe
and members as settled on the Siletz Coast Reservation. This restriction omits federal rolls and
records of members of Siletz tribes and bands who never made it to the Siletz Coast Reservation,
or left the Reservation at some point.
Tribal Council addressed this matter in 2016 in amendments to the Enrollment
Ordinance. The intent of these changes was to interpret the Constitutional language quoted
above to include federal rolls and records involving constituent tribes and bands of the Siletz
Tribe or individual persons descended from those tribes and bands. The following changes were
made:
1. The definition of Indian blood was expanded to include “blood that is from a tribe or
band of Indians that is part of the Siletz confederation, whether federally recognized or
not.” STC §2.301(a)(2) n.3.
2. Compilation of what specific federal rolls and records that would qualify for
consideration by the Enrollment Committee was specifically addressed: “The Enrollment
Committee, with the assistance of Enrollment staff, shall compile a list of all records and
rolls that qualify as a ‘roll or record of Siletz tribal members prepared by the Department
of the Interior prior to June 3, 1979.’ This list, as it may be amended from time to time,
shall be approved by Resolution of the Tribal Council.” STC §2.301(a)(2)n.4.
3. This second provision is repeated at STC §2.304(c)(1)(A), referring to consideration by
the Enrollment Committee of rolls and records as compiled by the Enrollment Committee
and approved by the Tribal Council as set forth in STC §2.301(a)(2) n.4.
These provision have not yet been implemented. As a result, while the Siletz Tribe has
encouraged members of these groups to apply for Siletz membership as opposed to seeking
independent federal recognition, these persons have been denied a recommendation by the
Enrollment Committee for membership in the Siletz Tribe because the rolls and records relied
upon by these applicants are not currently considered as a federal Siletz roll or record by the
Enrollment Committee. Until this provision is implemented, it will be difficult to prevent these
Enrollment Rolls and Records
Page 3
groups from continuing to seek independent federal recognition because they cannot become
members in the Siletz Tribe.
I therefore recommend that this provision be implemented soon. I am obviously open to
how the Council wants to proceed, but it seems to me that a first step would be a recommended
list of additional rolls and records that the Enrollment Committee can use to determine
membership eligibility, developed by Robert Kentta, Peter Hatch, the Enrollment staff, and the
Enrollment Committee. The Tribal Council can then go over the list at its next Enrollment
workshop, and then propose an official list at its next Council meeting. The list doesn’t have to
be final; it can always be added to. The list should also include all the specific rolls and records
that the Tribe and Enrollment Committee currently use to determine eligibility for enrollment.
Let me know how you would like to proceed.