Whitefoot v. United States

Celilo Falls was located on the Columbia River, between Washington and Oregon. The area was an important fishing ground for many Native Americans, including members of the Yakima Nation (now officially named the Confederated Tribes and Bands of the Yakama Nation), who recognized the rights of individuals to certain fishing stations. These fishing stations were inheritable and recognized by custom and usage but were not formally documented until the formation of the Celilo Fish Committee in 1935. In 1855 the United States (defendant) signed a treaty with the Yakima Nation, which secured to the Yakima Nation certain rights to land and property that could not be infringed without compensation. Included in these rights was the right to take fish from all streams running through and along the reservation, as well as the right to take fish from other usual and accustomed places. Pursuant to this treaty, members of the Yakima Nation, including Minnie Whitefoot (plaintiff), continued to fish from their customary fishing stations. In 1950 Congress authorized construction of the Dalles Dam, which would destroy and inundate the fishing grounds at Celilo Falls. Subsequently, pursuant to an agreement between the two parties, the United States paid the Yakima Nation approximately 15 million dollars as “full consideration for the destruction or inundations of these usual and accustomed fishing stations.” The Yakima Nation distributed the money on a per capita basis, with each member receiving $3,270. Whitefoot objected, arguing that the money was inadequate compensation for her individual loss of six fishing stations, which she had inherited by custom. Whitefoot filed suit against the United States, claiming she was entitled to direct compensation equal to the full value of her use of the fishing stations.