On PGE efforts to resolve the property dispute at Willamette Falls
Mar. 21, 2025
-from an amicus trial brief from the Confederated Tribes of Siletz Indians.
First, the Siletz Tribe supports the legitimate purposes of PGE’s condemnation action, seeking to gain ownership and control of necessary areas for safety and operation of its FERC hydropower facility pursuant to the condemnation authority granted under the Federal Power Act. The basis for condemnation stands on its own merits.
Second, Condemnation will address and resolve a number of issues of great concern to the Siletz Tribe and to other Northwest Tribes with connection to Willamette Falls. These concerns are completely independent of any business relationship PGE may have with a tribe in other areas; the Siletz Tribe has no business relationships with PGE. PGE had no idea what it was getting itself into when it was first approached by the Confederated Tribes of the Grand Ronde Community of Oregon’s (“Grand Ronde Tribe”) in 2016 about locating a tribal fishing platform at Willamette Falls within the Project Area. PGE was unwittingly placed in the middle of a number of inter-tribal issues by Grand Ronde’s request – made without any notice to or consultation with any other tribe. Siletz’s understanding is that PGE paused its discussions with Grand Ronde about the fishing platform after it realized that other Northwest tribes had concerns and that there were larger issues that needed to be addressed.
In Siletz’s opinion, PGE has expended great effort and expended substantial sums of money in an effort to find a reasonable way to accommodate the legitimate cultural practices of all involved tribes at Willamette Falls in a safe, equitable, and transparent manner, for the benefit of all the Northwest Tribes. PGE has been consistent throughout its approach and its consideration of the interests of each tribe.
Dec. 04, 2024
Tribal Chairman Delores Pigsley, Confederated Tribes of Siletz Indians Tribal Council: "The Confederated Tribes of Siletz Indians, who have historic, cultural and legal ties to Willamette Falls, support PGE’s condemnation action in federal court. The purpose of PGE’s action is not to convert land to private corporate use, but instead is intended to protect and facilitate the rights of all interested tribes, including the Siletz Tribe, to have full access to the Falls to exercise their traditional cultural practices there. Grand Ronde’s media announcement is not an accurate portrayal of what this federal court action is about."
Kristen Sheeran, vice president of Policy and Resource Planning, PGE: “PGE respects the longstanding ties of Tribes to the Willamette Falls area, and its continued importance for traditional cultural practices. That is why in 2022, we requested federal regulators grant a perpetual cultural practices easement to facilitate safe and equitable access for all Tribes with cultural ties to the falls. To advance that easement, the federal government is requiring PGE to resolve the dispute involving a permit issued by the Oregon Department of State Lands that impacts PGE’s operations, safety at the falls and our ability to comply with federal licensing requirements. This lawsuit was filed in early 2023 as the best way to resolve issues essential to our operations and we trust and respect the process underway.”
Apr. 08, 2023
Chairman Ray Tsumpti, Confederated Tribes of the Warm Springs: “PGE has been a model of corporate relations with the Warm Springs Tribes and other tribes on issues ranging from habitat restoration and water quality in Oregon rivers to lamprey harvest at Willamette Falls. For the last several years, PGE has worked in good faith to resolve a property dispute that has adversely impacted all Tribes who have interests, claims and rights at Willamette Falls. Unfortunately, the Grand Ronde Tribes stepped away from those discussions some time ago, and it recently blocked a proposal supported by all the other Tribes, PGE and the Department of State lands to engage in new talks to resolve the ownership dispute. We support PGE’s action to move forward now, secure its property, and its ongoing efforts to facilitate a safe and equitable way for all Tribes to have everlasting access the site.”
Chairman Delano Saluskin, Tribal Council for Confederated Tribes and Bands of the Yakama Nation: “Yakama Nation supports PGE’s efforts to definitively resolve this land dispute after spending extensive time, money, and resources through the administrative law and mediation processes in recent years. PGE’s need to safely operate and maintain the area within the boundaries of its federally licensed power plant is unassailable. PGE’s pursuit of a perpetual cultural practices easement recognizes the immense importance of the Willamette Falls to Yakama Nation. We look forward to continuing meaningful collaboration to ensure safe access in support of our people’s traditional and cultural practices.”
Tribal Chairman Delores Pigsley, Confederated Tribes of Siletz Indians Tribal Council: “The Siletz Tribe appreciates PGE’s efforts to resolve this dispute about land it owns at Willamette Falls, and which will confirm Siletz tribal members’ rights to also exercise their treaty rights at the falls. Nearly 20 years ago, the five tribes with treaty-based rights to fish at Willamette Falls entered into a compromise plan as part of PGE’s FERC relicensing process for its hydroelectric facility there for managing historic properties, allowing cultural access for tribes, and providing a process to resolve any disputes. One tribe and Oregon DSL has bypassed this agreed upon process, negatively affecting the Siletz Tribe’s access to Willamette Falls. By circumventing that process and taking actions that caused this current property dispute, certain parties have infringed on the rights of other tribes, including Siletz, who should have equal access to Willamette Falls. We support PGE’s efforts to restore equal treatment to all affected tribes.”
Dave Robertson, vice president of Public Affairs, PGE: “For over three years, PGE tried all means reasonable to resolve a dispute about a permit issued by the Oregon Department of State Lands to the Confederated Tribes of Grand Ronde. This permit allowed a fishing platform to be placed on property at the base of Willamette Falls in an area that is essential to safe and secure operations of our hydroelectric plant, consistent with obligations set by the Federal Energy Regulatory Commission (FERC). We have worked through the administrative law process, judicially assisted mediation and attempts to purchase the State’s claimed interest. A recent ruling from the administrative law judge did not resolve the dispute and made clear the long road ahead to final resolution. That’s why we are moving forward with condemnation as the best legal tool available to expediently resolve issues essential to our operations. No matter the outcome, PGE recognizes the area’s immense importance to Northwest Tribes. That’s why we filed a request to establish a perpetual cultural practices easement with FERC early last year, to facilitate safe and equitable access for Tribes to engage in traditional cultural practices consistent with our FERC obligations.”
Related resources
Shibahara Declaration In Support of PGE Response to Motion for Intervention
Loos Declaration In Support of PGE's Response to Motion for Intervention
Gaylord Declaration In Support of PGE's Response to Motion for Intervention
Milestones related to the property dispute at Willamette Falls
The Oregonian | Opinion Editorial: Grand Ronde not the only tribe with Willamette Falls interests