The signatory tribes ceded their land to the United States in return for the guarantee of their rights, including that of the reservation and self-government.

[1] In 1873, the president of the United States, Ulysses S. Grant, issued an executive order which adjusted the borders of the reservation.

The United States Supreme Court has repeatedly ruled that only Congress can reduce the size of reservations, not a sitting president.

The Swinomish Tribe has called this act an "unlawful attempt to take a portion of the reservation" and a violation of the Treaty of Point Elliott.

[1] In 1889, the Seattle and Northern Railroad Company illegally constructed a rail line on Swinomish lands, crossing sensitive marine ecosystems.

Although the Swinomish Tribe never approved the change in cargo, BNSF continued transporting 100-car trains of crude oil through the reservation.