The story of the Yakama Nation’s fight for their ancestral lands is a poignant tale of resilience and determination. In 1855, Chief Kamiakin was coerced into signing away over 10 million acres of tribal land in what is now Washington state. Legend has it that he was so enraged that he bit through his lip as he put pen to paper.
The consequences of this treaty were devastating. The original treaty map was lost for close to 75 years, allowing federal agents to extract even more Yakama land for the nascent state. By the time the map was rediscovered in the 1930s, settlers had already made claims within reservation boundaries, leaving a lasting impact on the land.
Phil Rigdon, a Yakama citizen and forester, has spent nearly 20 years working to reclaim the reservation land. He understands that this is a community effort that requires time and perseverance. The Yakama reservation, which spans over a million acres, is still home to non-tribal landowners, including the state of Washington, which owns close to 92,000 acres of state trust land within the reservation.
State trust lands are considered resources in perpetuity, used to generate revenue for institutions like universities, hospitals, and public schools. Despite recognizing the importance of returning the land to the Yakama Nation, Washington’s efforts are constrained by legal policies that require compensation for the lands’ value.
Grist’s investigation has revealed that extractive industries operate on over 2 million acres of state trust lands within the borders of 79 reservations across the Western U.S., generating billions of dollars for state entities. The Yakama Nation’s struggle for land sovereignty is part of a larger narrative of Indigenous communities fighting to reclaim what was wrongfully taken from them.
The Yakama Nation’s fight for their ancestral lands is a reminder of the enduring legacy of colonization and the ongoing battle for Indigenous rights and sovereignty. As the tribe continues to push for the return of their land, their story serves as a testament to the strength and resilience of Indigenous communities in the face of historical injustices. The Yakama Nation’s history with state lands is unlike any other, as it is entangled in a complex legal morass that dates back to the signing of the treaty in 1855. This treaty, forced upon the Yakama people by the United States, confined them to a reservation that ceded roughly 90 percent of their ancestral homeland, which once stretched for 10 million acres from Pahto (Mount Adams) in the west to Nch’i-WÃ na (the Columbia River) in the east.
One of the key issues in this legal quagmire is the misfiling of the treaty map, which has had lasting repercussions on the Yakama reservation. Two main areas on the reservation, Tract C along the northern border and Tract D in the southwestern corner, were repeatedly depicted as non-tribal land on replacement maps. Today, nearly 71,500 acres of surface and subsurface state trust lands on Tract D, and 19,700 acres on Tract C, generate revenue for Washington’s institutions, primarily benefiting public K-12 schools.
The map used by the Washington Department of Natural Resources (DNR) still marks Tract C as a “disputed area,” highlighting the ongoing legal battle over these lands. The establishment of the reservation boundaries relied on natural features, as outlined in the treaty text, which described the boundary starting at the mouth of the Attah-nam River and extending south and east of Mount Adams to the divide between the waters of the Klickatat and Pisco rivers, among other landmarks.
Despite the clear delineation of the reservation boundaries in the treaty text and map, the disappearance of the treaty map shortly after its signing created confusion and dispute over the southwestern edge of the reservation. This ongoing legal battle has significant implications for the Yakama Nation and their sovereignty over their ancestral lands. The unique history of the Yakama Nation’s struggle with state lands underscores the importance of upholding treaties and honoring the rights of Indigenous peoples in the United States. The Yakama Nation’s struggle over Tract D, a 120,000-acre section of land within their reservation boundaries, has been a long and arduous one. The history of Tract D dates back to the 1855 treaty between the Yakama Nation and the United States government, which established the reservation’s boundaries.
Subsequent federal surveys conducted in the late 19th and early 20th centuries sought to delineate the reservation boundary, but inaccuracies and errors persisted. The Schwartz survey in 1890 cut nearly half a million acres out of the reservation, while a federal report in 1900 failed to accurately reflect the southwestern boundary. It wasn’t until a Supreme Court ruling in 1913 that the boundary was corrected to extend to the main ridge of the Cascade Range.
Despite efforts to clarify the boundary, disputes over Tract D continued well into the 20th century. The recovery of the 1855 treaty map in 1930 prompted a new federal survey in 1932, but the southwestern boundary remained in contention. Tract D became the focal point of Yakama land claims, leading to decades of litigation and legal battles.
In 2021, a landmark case brought by the Yakama Nation against Klickitat County finally resolved the issue. The 9th U.S. Circuit Court ruled in favor of the tribe, confirming that Tract D was indeed part of the reservation within the original boundaries set by the treaty. This decision was further upheld by the U.S. Supreme Court in a subsequent appeal by the county, setting a significant precedent for future boundary disputes.
While the legal victory was a significant milestone for the Yakama Nation, the presence of state trust lands within Tract D continues to pose challenges. The constitutionality of federal treaties with tribal nations, as the supreme law of the land, underscores the importance of upholding and honoring the boundaries established in these agreements. The resolution of the Tract D issue represents a step towards justice and recognition for the Yakama Nation’s sovereignty and rights over their ancestral lands. The Yakama Nation’s Department of Natural Resources manages the land with a deep understanding of its value beyond mere economics. For the Yakama people, the land holds memories, traditions, and a sense of connection that goes beyond what can be measured in dollars and cents.
In Tract C, where the Klickitat Meadow lies, the landscape is a patchwork of tribal land and state trust lands. This area holds special significance for tribal members like Joe Blodgett, who fondly recalls fishing with his father in the meadow. It is a place where family bonds are strengthened, where traditions are passed down through generations, and where the natural beauty of the land serves as a reminder of the tribe’s deep connection to the earth.
As the Yakama people continue to navigate the complex legal landscape surrounding their land rights, they do so with a deep sense of reverence for the land itself. The decisions they make about how to manage their forests are guided not only by economic considerations but also by a profound respect for the environment and a commitment to preserving the land for future generations.
In the face of legal challenges and bureaucratic hurdles, the Yakama Nation remains steadfast in its commitment to stewarding the land in a good way. Through sustainable land management practices and a deep respect for the natural world, the tribe continues to honor its treaty rights and protect the land that has sustained them for generations. The Yakama Nation, like many Indigenous communities, has deep ties to the land and the resources it provides. For members of the Yakama Nation, places like the Klickitat Meadow hold special significance as they are where they learned to gather food and understand their connection to the environment. As tribal member Blodgett explains, the resources of the land make sacrifices and offerings that must be appreciated and respected.
Blodgett, who manages the Yakima Klickitat Fisheries Project, works on restoring sustainable and harvestable fish populations in the region. His work involves overseeing environmental restoration projects, such as in the Klickitat Meadow, which has suffered from environmental damage due to historical sheep grazing practices. The compaction of the soil by large herds prevented water from percolating into the ground and feeding the streams and rivers that start in mountain meadows like this.
Small actions that harm the environment can add up over time, but small mitigation practices can also lead to meaningful improvements. For example, the tribe has built human approximations of beaver dams in meadow streams to slow water flow and help it absorb into the ground. These low-tech solutions play a crucial role in larger environmental restoration projects, such as the removal of the Bateman Island Causeway in the Columbia River, which tribes have long advocated for.
Climate change poses additional challenges to the Yakama Nation’s environmental restoration efforts, making it essential to take faster and more significant actions to adapt to harsher future conditions. Landscape-scale restoration projects, sustainable forest management, and smarter land-use practices are necessary, but cohesive control over the reservation is crucial for their success.
The Yakama Nation has been working on land reclamation efforts, buying back land from companies and private landowners to return it to the tribe. However, challenges arise from the Enabling Act rules that govern Washington state’s financial responsibility to its beneficiaries. Negotiations to reacquire state trust lands within the reservation have been ongoing for over 20 years, as the state cannot lose money from these lands without compensation.
Despite generating a relatively small amount of revenue compared to the overall revenue from state trust lands in Washington, the Yakama Nation faces obstacles in reclaiming these lands due to financial constraints. The Trust Land Transfer program offers a potential solution, but it requires legislative support to fund land exchanges. Ultimately, the Yakama Nation’s efforts to reclaim and restore their lands are essential for preserving their cultural heritage and environmental sustainability for future generations. The Trust Land Transfer Program between the Yakama Nation and the state of Washington is a unique and collaborative effort that aims to address the historical injustices faced by tribes in the allocation of land. The program, operated by the Department of Natural Resources (DNR), seeks to transfer state trust lands back to the tribes while ensuring continued support for beneficiaries.
One of the key components of the program is the proposed transfer of Tract C, which consists of approximately 9,900 surface acres eligible for the Trust Land Transfer. The DNR has requested $15 million from the state legislature to return these lands to the tribe, with the state retaining subsurface rights. This funding would enable the DNR to purchase new lands to support beneficiaries.
In contrast, Tract D, which is part of the Yakama reservation, remains productive and ineligible for the Trust Land Transfer program. To address this, the state is working with the federal government to facilitate an exchange of lands. Commissioner of Public Lands Hilary Franz highlighted the need to correct past injustices and ensure that tribes are made whole.
The legislature will decide on funding for the Tract C transfer in the spring of 2025, with the option of negotiating a direct transfer with the federal government if funding is not approved. While amending the state constitution and federal Enabling Act is a challenging process, it has been done before to address similar issues.
The Trust Land Transfer Program sets a meaningful example for tribes across the country with trust lands. The recent groundbreaking ceremony at the Klickitat Hatchery on the Yakama reservation highlighted the collaborative efforts between tribal members and various levels of government in restoring the hatchery. The forthcoming return of the land to the tribe signifies a step towards reconciliation and justice for the Yakama Nation.
Bill Sharp, coordinator for Yakama Nation Fisheries’ projects, emphasized the importance of environmental restoration projects and the role of collaboration in ensuring the preservation of tribal lands. The Trust Land Transfer Program represents a significant step towards rectifying past injustices and promoting cooperation between tribes and the state of Washington. Navigating the title transfer process with the DFW has proven to be a faster and easier experience for many individuals, especially when compared to land transfers with the state DNR. The presence of state trust lands on the reservation has been a point of contention, with many viewing it as adding insult to injury.
For those like Sharp, the idea of simply acknowledging past injustices and returning the land seems like a straightforward solution. However, the reality is much more complex. The funding mechanisms, easements, and restrictions imposed by previous generations of white settlers have created significant barriers to righting these wrongs.
The Yakama experts working tirelessly on this issue understand that the fight for land return is a long and arduous one. Each new challenge is met with determination, knowing that every victory, such as the recent success with the hatchery, is a step in the right direction.
Sharp embodies the spirit of resilience and determination that is pervasive among the Yakama people. He believes that as long as the Yakama community continues to exist, they will continue to fight for the protection of their resources. This fight is not just for tribal members but for everyone who benefits from the preservation of these vital lands.
The recent ceremony to celebrate the return of the hatchery was a moment of unity and shared abundance. The smell of freshly cooked salmon filled the air as tribal members and representatives from state and federal organizations came together to celebrate. Children played freely on the grass, and everyone enjoyed a meal of salmon, salad, bread, and grapes.
The presence of the Klickitat County commissioner at the event signified a new chapter in the tribal-county relationship, marking a step towards greater cooperation and understanding. The atmosphere was one of generosity and community, with plenty of food to go around and no shortage of camaraderie.
In the end, the fight for land return is a marathon, not a sprint. The Yakama people are committed to this cause for the long haul, knowing that every small victory brings them closer to their ultimate goal. The support from organizations like Renaissance Journalism and the Nova Institute for Health is crucial in amplifying their voices and sharing their stories with a wider audience.
