Mr. Chairman, and members of the Committee. I am Joe DeLaCruz, former President and Executive Director of the Quinault Indian Nation, positions which I held for 24 years.

• I have served as President of the National Congress of American Indians, the President of Affiliated Tribes of Northwest Indians, and as Co-Chairman of the National State-Tribal Relations Commission.

• I have also served on numerous local, county, state and regional and international boards and task forces, including the Governor's Indian Advisory Committee, State of Washington; Federal Water Rights Policy Task Force; a Congressional Appointment on the National Commission on American Indian, Alaska Native and Native Hawaiian Housing; North American Representative of the World Council of Indigenous Peoples.

• In addition, I have served on state and federal legislative task forces and was instrumental in the development of key legislation in Indian Country, including: the Indian Child Welfare Act; the Indian Self-Determination and Educational Assistance Act; and the related amendments through Title IV--the Self-Governance Act.

I appreciate the opportunity to come before this Committee and present a brief chronology of events that include a series of what I call bad legislation, that was pushed by "courthouse-to-theWhite-house-politics"-- in other words people who wanted the little resources Indian people had left after treaty-making with the United States government. I will also highlight some of the good legislation, beginning in 1964 with the U.S. Great Society Legislation that created the Office of Economic Opportunity (OEO). This legislation was the first in our relationship with the United States in which a commitment was met towards building resources to strengthen tn 'bal governments promised 150 years earlier.

Bad Legislation

The Quinault Indian Nation signed a treaty with the United States, known as the Treaty, of Olympia where the Quinault Indian Nation ceded several million acres of its former homeland in return for a promise that the United States would set aside a reserved territory for the exclusive use and occupation of Quinault People. The United States set the first reservation boundary in 1873, and in 1889, President Grant issued an Executive Order defining the present-day Boundary.

In 1891, United States surveyors completed a survey of the Quinault Indian Nation and deleted 17,000 acres of land that was Quinault Reserved land. This was the first diminishment of our lands.

In 1887, Congress passed the Dawes Act, known by many as the "Conquer and Divide Law". This law allotted individual Indian lands for the purpose of farming.

The United States government did not complete surveying and setting reservation plats for allotment until early in the 1900's. They issued 500 allotments on the river bottoms of the Quinault and Queets rivers. Tribal leaders opposed allotting the reservation, because it was not suitable for farming --- it was all forestry land.

In 1922, the Quinault Tribe passed a Constitution laying out how they would govern themselves, developing a set of rules and procedures and officially demonstrating the' establishment to the outside world. The Quinault leaders, with support from local people and the Bureau of Indian Affairs, were able to stop the allotment process, and attempted to get the remainder of reserved lands in a Forest reserve for Quinault People. However, in 1924, Tommy Payne, a Quilleuyete Indian, filed a lawsuit to open allotment on the Quinault Reservation and prevailed. So, once again, allotments resumed. Tribal leaders, again, opposed allotments, and the allotment process was stopped yet again. But, in 1931, Halbert, a Chinook Indian, filed another lawsuit, and prevailed. The law suit supported the claim that stated Indians did not need to live on the reservation in order to be entitled to an allotment. By 1932, the entire Quinault Reservation was allotted.

Termination -Public Law 83-280

From 1932 to 1953, almost all the lands remained in Indian ownership, except for approximately 3,000 acres. Then, in 1953, the United States passed Public Law 83-280, known commonly as the "Termination Act." Washington State passed enabling legislation in 1957 (HB 404 - Chapter 240, Laws of the State of Washington), and further amended state law in 1963. These laws provided for the state to assume criminal and civil jurisdiction over certain Indians, their reservations and their lands. I reference this law because no appropriation was ever made by the Federal or State governments for the jurisdiction they assumed in 1957. It took the Colville Tribe 33 years to get this jurisdictional nightmare corrected with legislation which was passed in 1986. (See Public Law 83-280 - "A Report Prepared by American Friends Service Committee")

Soon after the passage of Public Law 280, it appears many companies (both timber and land development) and politicians were lined up at the Reservation borders to capitalize on the Quinault Reservation untouched lands and resources. Oddly enough, it was these same timber and land development companies and politicians who convinced Congress to enact the Termination Act.

Lands Lost and Anti-Indian Property-Owner's Associations Proliferate

Between 1953 and 1965, approximately 50,000 acres of Quinault Reservation land went into non-Indian ownership, mostly to timber companies. In 1962, 1964, 1967 and 1969, real estate developers had massive development tracts approved by Grays Harbor County-including the Taholah Ocean Tracts and Point Grenville Estates. A realty company called Santiago Realty handled sales on these tracts of land in these developments-they falsely advertised beach rights, clam-digging, surfing, and bear and elk hunting in their promotional ads. They sold 75% of the 592 lots by 1968.

The property-owners who purchased lots went to Grays Harbor County to obtain a septic system permit. They received a provisional permit that was stamped "Subject to approval of the Quinault Tribe". The fact is, that all the land in the area of the proposed development site would never pass septic percolation tests due, in part, to high water tables and high clay content, and other problems inherent in beach frontage property. Nevertheless, the Quinault Nation complied with the requests and had Indian Health Service sanitation engineers perform standard percolation tests. However, the tests revealed that the land proved unsuitable for septic drain fields, and Quinault Nation subsequently denied the permits. In so doing, the Quinault Indian Nation acted as a responsible government to protect its people and its resources --- the clam beaches. The developer and property owner disagreed and, in 1968, a man by the name of George Garland of Gig Harbor, Washington, and woman named Betty Morris, organized the Quinault Property Owners' Association, with a Seattle address.

These individuals spearheaded organizing other property rights groups such as the Lummi Property Owners' Association (headed by Marlene Dawson); Association of Property Owners and Residents in Port Madison Area (APORMA), Suquamish Reservation; Interstate Congress for Equal Rights and Responsibilities (ICERR) established in 1976 --- (the key organizers were again, Betty Morris, Howard Gray and Ron Erickson, all from Washington State); United Property Owners of Washington (UPOW); Protect American Rights and Resources (PARR); and Citizen Equal Rights Alliance (CERA).

The leaders and organizers of these organizations claim to represent all property owners, which they do not. They have been blaming the tribes and the BIA for stopping their developments. If the tribe had not taken action 30 years ago, they would have now have 600 failed sewage systems running raw sewage into the tribal clam beaches. Their refusal to succumb to the political pressures was an act to protect one of its most valued shellfish resources. Additionally, the tribe realized the major potential public health and safety problem posed by the proposed developments.

The Quinault Indian Nation has been the only responsible government working with other governments to solve the problems created by bad state and federal laws. In the Tribal struggle for survival, we have been dealing with the anti-Indian movement for over 30 years. These groups blame the Indians for the depletion of the salmon and other renewable resources. They accuse the Indians of denial of due process of law, denial of equal protection, denial of rights of residency, denial of full use and protection of property, denial of protection from pollution, denial of personal rights. However, there is no record of any kind behind these allegations, nor has there been any attempt to resolve them at the tribal level.

Good Legislation

In 1934, after all the problems created by the Dawes Act, and a study entitled the "Miriam Report," Congress passed the Indian Reorganization Act --- an Act to help rebuild tribal governments and regain or consolidate their former land holdings. In 1964, the United States Great Society Legislation created the Office of Economic Opportunity (OEO). This marked the beginning of re-emerging tribal governments. Tribes were provided small grants to begin developing their infrastructure and tribes began working with counties and other units of government planning and development needs for Indian lands. Following this, funds became available from the Housing and Urban Development for 701 Land-Use Planning, and from the Economic Development Administration for economic planning. The Quinault Indian Nation adopted some of its first planning and regulatory land use zoning in 1966. In 1968, the Johnson Administration began listening to tribes regarding their night to self-determination, and became the first Executive advocates of self-determination for tribes by the United States.

In 1970, President Nixon issued his Executive Statement on self-determination affirming the rights of Indian People, to freely choose their economic and political future. The Quinault Indian Nation, with the help of grants from the Ford Foundation, began developing Tribal Codes to better manage the forest lands and streams on the reservation and amended the Tribal Constitution and various zoning laws

In 1975, when the United States passed the Indian Self-Determination Act, the Quinault Indian Nation was among the first tribes to begin assuming contracting for responsibilities over its own affairs. During this same period, the U.S. passed laws creating national legislation, under the Law Enforcement Assistance Administration, and tribes were included. The tribe took this opportunity to further develop its own Tribal Code of Laws and enhance its criminal justice system.

In 1983, President Ronald Reagan, re-affirmed President Nixon's policy on Indian Self Determination and further strengthened the statement that the relationship was a government-to- government relationship with the United States government.

Between 1987 and 1989, Congress passed resolutions Senate Resolution 76 and the corresponding House Resolution. These Resolutions were the first legislative expression recognizing the tribal rights to self-determination and government-to-government relations between tribes and the United States. I point to these Presidential Executive statements and the Resolutions, because for the first time in the history of the United States, we have a legislative and executive expression of how the true relationship is between tribes and the United States government.

In 1989, tribal leaders, working on a statement for the bicentennial of the United States Constitution, and the constitutional relationship to tribes, worked with Congress, to develop the Self-Governance Legislation, which was enacted as a demonstration project in 1989 and is now permanent legislation for the Department of Interior. Again, the Quinault Indian Nation was on the cutting edge of this new and developing legislation.

In Washington State, the Quinault Indian Nation with other tribal leaders, helped spearhead the Washington State Centennial Accord signed by Governor Booth Gardner and by 25 of the federally-recognized tribes in Washington State. A copy of the Accord is included in this report. It develops a mechanism for sovereign governments to solve problems.

In 1989, the United States Senate Indian Affairs Committee, held hearings on land and forestry problems on Indian Reservations, created by the Dawes Act, such as the checkerboarding of reservations, the undivided interests created by heirship problems throughout reservations, etc. Senator Dan Evans of the Senate Indian Affairs Committee, proposed legislation to return the North Boundary, lost by the survey error in 1891 to the Quinault Indian Nation. The legislation specified that proceeds go toward land consolidation of these checkerboarded properties. Since 1989, Quinault Indian Nation has purchased back 56,702 acres, through land consolidation efforts, made possible by a Senate Committee that was committed to resolve solutions instead of creating problems.

I have highlighted some of the Executive Orders and laws embracing the development of government-to-government relations. In my text, and for the record, I want people to look at the Centennial Accord, which has been embraced by the past three governors, the TFW (Timber Fish and Wildlife) agreement that was worked on by tribal governments in cooperation with other state agencies, industry, the environmental community, and other stakeholders.

I have brought with me today other documents that are too large to put into the record that are examples of where we are today as a government. These documents clearly show that we have been working with other governments and working towards a fair process to solve problems for all citizens. I brought these documents as examples of government-to-government relations can accomplish, where people, working together, in mutual respect, have solved problems even with impediments created by a history of bad laws.

As I pointed out earlier, for the past 30 years, people who want the little resources we have are painting a picture that we treat people unfairly. However, our tribal court records, our planning records and our Tribal Business Council records do not show that any of these individuals have brought their situations to us anywhere in our system. They have not utilized any portion of our due process, therefore they were never wronged. Like any other government, the Quinault Indian Nation is covered by tort claims, and relevant malpractice insurance for employees working in any area of potential governmental liability. The Tribe has adopted, within its code of laws, Title 99, which lays out specific provisions for waiving sovereign immunity for specific actions. Additionally, the Tribe has laws in place to protect lending institutions and other people or agencies that have business of a financial nature with the Tribe.

Conclusion and Recommendations

The last 150 years are full of examples of hastily drawn and narrowly conceived legislation that ultimately create negative consequences for Indian people and non-Indians alike. While these negative consequences are not necessarily intended, it was often the hasty conception of legislation that produced negative results. The present legislation is both hastily drawn in the heat of political passion and narrowly conceived to serve the interests of just a few individuals while adversely affecting the lives of hundreds of thousands of Indian people. Immunity from suit for governments is conceived as a time-honored and proper method for protecting the interests of a political community from narrow and sometimes dishonorable attempts for individuals to take for themselves at the expense of many. Indian nations have the same right as the United States of America and each of its fif(y states to protect the public interest. This right is guaranteed under international legislation to which the United States is a formal party.

The key to the solution in this case is cooperation and respect. We have just recently celebrated the Centennial in Washington State, the bicentennial in the United States, and the quincentennial of the First Association of People of the Americas with other people. We could have reflected the deplorable history of treatment of our people. Instead, we shared the progress that has been made in the last three decades. Therefore, this legislation should not go any further. The United States should continue the path of strengthening tribal governments, and together, establish once and for all, tribal structures of government within the structure of the United States.

I hope that this brief chronology will show that we have long-established sovereignty. Just maybe the Indians can show a way to other governments, including the United States, to work together with mutual respect. I would like to emphasize respect, to resolve our differences. Consequently, this legislation should not go any further.