Kotek Threatens to Veto Money for Tribal Acquisition at Willamette Falls

In a carefully worded statement, Kotek’s office put the trust on notice last night that the appropriation it got during the legislative session’s final days is in jeopardy.

“The governor supports the opportunity of creating public access to the natural wonder that is Willamette Falls, from both sides of the falls,” Kotek’s office said. “She is exercising her due diligence to understand more fully the use of these dollars and wants to hear more from all interested parties. She has been a supporter of creating public access to the falls in the past and is committed to dedicating public funding that builds that access in the most equitable, responsible manner possible.”

That appears to be a nod to the ongoing tensions among Oregon tribes. Earlier in the session, the Confederated Tribes of the Grand Ronde and its ally, the Cow Creek Band of Umpqua Tribe of Indians, strongly opposed the trust’s request for funding for its project at Willamette Falls. The falls hold great cultural and historical significance for several tribes and have been a source of disagreement for many years. 

“This project is misguided, disingenuous and comes at a time when our tribe is engaged in litigation over the state’s largest utility over our ability to practice our culture,” Grand Ronde tribal chair Cheryle Kennedy wrote to Kotek about the Willamette Falls Trust’s funding request. 

The trust, whose board includes members of the Confederated Tribes and Bands of the Yakama Nation, Confederated Tribes of Siletz Indians, Confederated Tribes of the Umatilla Indian Reservation, and Confederated Tribes of Warm Springs Reservation of Oregon (but not the Grand Ronde or the Cow Creek), reacted to the announcement Friday morning.

“The state’s investment is critical to the future of this site,” said Robert Kentta, a trust board member and representative of the Confederated Tribes of Siletz Indians. “It will guarantee that all Oregonians and visitors have access to, and enjoy the beauty, grandeur, and historical cultural importance of Willamette Falls,” 

Kotek’s predecessor, Gov. Kate Brown, now president of the trust, also weighed in.  

“There is now a once-in-a-century moment to restore the natural beauty of the site and open it as a spiritual, cultural and educational resource to future generations. We must take advantage of this moment,” Brown said.

The opportunity to purchase the property came about because of the closure of West Linn Paper last year after 135 years of operations on the west bank of the Willamette. Another mill, Blue Heron Paper, previously closed on the east bank of the river. The Confederated Tribes of the Grand Ronde bought the Blue Heron site in 2019. 

The Grand Ronde also obtained a state license to erect a ceremonial fishing platform at Willamette Falls in 2018. Portland General Electric, which has a partnership with the Warm Springs tribe on the Pelton Round Butte Dam complex on the Deschutes River, is currently suing the state over that license in U.S. District Court in Portland. PGE seeks to force removal of the platform for safety reasons, a position the Grand Ronde vehemently oppose. A ruling by U.S. District Judge Michael Simon is expected soon.

Kotek has used her veto pen sparingly as governor. By law, she has 30 business days after the end of session (June 27) to announce her vetoes. In the July 31 announcement, the governor’s office included just three other bills: House Bill 3824, which allows physical therapists to practice a technique called dry needling; Senate Bill 976, which relates to who can determine whether a cow is pregnant; and Senate Bill 1047, which relates to water permits in Curry County. 

Unlike the others, the potential veto of the Willamette Falls Trust funds is a line item veto, in which Kotek has identified a specific part of the session-ending appropriations package for further scrutiny. In its explanation of why the governor might excise that proposed expenditure, Kotek’s office mentioned prior spending at Willamette Falls. 

“As a steward of tax dollars, the governor is specifically interested in how past allocations, including $12.5 million in state lottery bonds and $20 million in Metro parks and nature bonds, will be or have been spent before approving an additional $45 million,” her office said. “She looks forward to the conversations ahead to inform her final decision."

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This story was produced by the Oregon Journalism Project (oregonjournalismproject.org), a nonprofit investigative newsroom for the state of Oregon.