What do you mean when you state that it was theirs?
Did they actually live there?
If so, how did they come in possession of it?
And just what were the boundaries of their land?
Are you sure that the land in question wasn't either occupied by, or traditionally frequented by the Washoe or the Shoshone.

Anyone who knows much about native American history realizes that many tribes were in a almost constant state of war with some other tribe, and many were more than pleased to kill each other, take the others as slaves and occupy or use the territory that the vanquished had been using.

My point is that the claim of ownership to the Malhuer National Wildlife Refuge by the 349 Burns Paiute's, a tribe that was first federally recognized in 1968 is unsubstantial.