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President Jimmy Carter signed into law a bill that will allow the Cow Creek Band of Umpqua Indians to file a claim in the U.S. Court of Claims.
The permanent reservation promised the Cow Creeks in the Treaty of 1853 was never established.
However, now that the Cow Creek Band has achieved legal recognition as a recognized Indian Band, a claim for financial compensation can be filed.By Marguerite Talliaferro
President Jimmy Carter signed into law Monday a bill that will allow the Canyonville-based Cow Creek Band of Umpqua Indians to file a claim in the U.S. Court of Claims.
In his signing message, Carter said: "I have reluctantly approved S-668 (the Cow Creek bill) which permits the Cow Creek Band of Umpqua Indians to file with the U.S. Court of Claims any claim the band could have filed under the Indian Claims Commission Act of Aug. 13, 1946.
"This legislation permits the Cow Creek Band to file claims against the United States and the court of claims, notwithstanding the statute of limitations. As a matter of general policy and equity, I do not favor, and will not sign, further piecemeal waivers of the statute of limitations unless unique and special circumstances exist. In this instance, the circumstances were unique, and I have therefore signed S-688."
Now that the Canyonville group has obtained the legal recognition which tribal officials say they have sought since the 1920s and 1930s, they plan to exercise their new right to go to court.
Washington attorney for the band, Dennis Whittlesey, outlined the process the band must follow to be he heard in court. "First, we must formalize an attorney contract with the band, which is then approved by the Secretary of Interior." Once that is approved, a claim in the form of a petition will be filed with the U.S. Court of Claims. That filing will probably be completed in a matter of weeks, Whittlesey said.
The case will require "a relatively sophisticated research and inspection of federal documents," he continued. "The land involved in the dispute over the treaty must be carefully evaluated at 1853 prices."
Other questions for study include why a permanent reservation for the Cow Creeks was never established as promised, and whether the present day Indians are descendants of the Indians who hid out in the mountains during and after the Rogue River Indian War of 1855.
The trail will "almost certainly" occur in Oregon at the Federal Court of Claims nearest to Canyonville, Whittlesey said.