On November 16,
2006, The Klamath Basin Alliance presented to
the Klamath County Commissioners over 1100
petitions requesting the commissioners to
adopt a resolution opposing the return of more
than 730,000 acres of land that is now part of
the Fremont/Winema National Forest to The
Klamath Tribes. Following the presentation of
petitions, Doug Whitsett, Oregon State
Legislator delivered the following statements:
“I am here this
morning to comment on the resolution proposed
by the Basin Alliance.
As I have previously
stated on the record, I oppose re-establishing
a sovereign tribal land base in Klamath County
for a number of reasons.
I believe that
establishing a sovereign Tribal land base will
further segregate our Native American citizens
from our national identity.
I believe that
private property rights are the cornerstone of
individual development and of a healthy,
diverse population.
With few exceptions
in our nation, wherever tribes hold ownership
of a sovereign land base their people live in
abject poverty with little hope for economic
development.
They depend on their
treaty based rights to receive sustenance from
the federal government rather than developing
their abilities for self support, and
establishing their wealth through individual
property ownership.
I see no reason to
perpetuate this reality of intergenerational
hopelessness in our County.
Further, I have read
the Klamath Tribal Constitution—most recently
last night.
Article IV states
in part:
“’The sovereign
powers, authority and jurisdiction of the
Klamath Tribes extends to all the territory
which formerly constituted the Klamath
reservation, and to all property, airspace,
natural resources, cultural resources and such
other lands or interests that have been, or
may thereafter be, added thereto by purchase,
gift, act of Congress or otherwise.’”
“’All waters which
originate in or flow through the Klamath
Tribes jurisdiction, or which are stored
within the Klamath Tribes jurisdiction,
whether found on the surface or underground,
are a valuable Tribal resource of the Klamath
Tribes, and are protected for present and
future use of the Klamath Tribes.’”
“Unquestionably,
this document claims all surface and
groundwater that originates or flows through
Tribal sovereign land.
The land base that
formerly constituted the Klamath Reservation
contains the headwaters streams of virtually
every tributary to Upper Klamath Lake as well
as most of the aquifer recharge zones for all
of our ground water resources.
Past and on going
Tribal efforts to claim virtually all of these
resources is further evidence of their
constitutional intent.
Article V states
in part:
“’The judicial power
of the Klamath Judiciary shall extend to all
cases in law and equity arising under this
Constitution, and the laws, ordinances and
customs of the Klamath Tribes.’”
“According to this
document, re-establishing the identified
sovereign land base would cede virtually all
the water in Klamath County to a sovereign
government that claims total jurisdiction over
the control and use of that resource.
In my view, the
creation of a sovereign land base for the
Klamath Tribes is a losing proposition for the
Tribes, a losing proposition for our
non-tribal citizens, and a losing proposition
for our County.
I urge you to oppose
creating a sovereign land base within Klamath
County.” |
