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27 NARF Legal Rev. 1 (2002)

handle is hein.journals/narf27 and id is 1 raw text is: 













'    THE LONG STRUGGLE HOME: THE KLAMATH

     TRIBES' FIGHT TO RESTORE THEIR LAND, PEOPLE

                 AND ECONOMIC SELF-SUFFICIENCY


  On March 19, 2002 the Secretary of the
Interior invited the Klamath Tribes to meet with
Interior officials to work on long term solutions
to an entire range of water, land and wildlife
issues facing the people of the Klamath Basin
in Oregon and California. This historic
invitation will include discussions of
the potential return of public lands
taken from  the Tribes in the     A
1960's when the federal govern-
ment took the Tribes ancestral
reservation lands. The Tribes'
lands were taken as part of the 7
now repudiated Termination Era
when the policy of the United
States Congress was to end the
government-to-government relation-
ship with Indian tribes and force the
assimilation of  Indian
people into the main-
stream  of the majority        The Long Str
culture. Although   the        Klamath Trib
Tribes retained significant    Restore Their
property rights on their       Economic Sel
former lands to hunt, fish
and  gather and   water
rights to sustain those        CASE UPDAT
activities, the water and       -Alaska Cou
wildlife resources have          English-On
been continuously degraded      ...................
to a state where they can
no longer be harvested to      New Board M
provide subsistence for
tribal members.            '   Indian Law L


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  Indeed, the entire ecosystem of the Klamath
  Basin has been so degraded that it can no longer
sustain either the quantity or quality of water
demanded. In 2001 it was necessary for the first
  time in nearly 100 years for the federal Bureau
        of Reclamation to curtail delivery of
Hagriculture irrigation water to a
   1% ofederally subsidized reclamation
IL   <   )P project in order to avoid jeopar-
             dizing treaty protected fisheries
             listed on the federal endangered
             species list. That fishery is a
        S    central component of tribal sub-
             sistence, and it has been cut off
     -4/    since  1986  when   the  Tribes
c          determined that the fishery was in
        jeopardy. While   Congress  reacted
     quickly to provide 20 million dollars of
                   economic  relief to  the
                   farmers in 2001, along with
gle Home: The      a long list of other supports
Fight to           and benefits, not one dime
nd, People and     of relief has been provided
ufficiency         to the Tribes for the loss of
................ page 1  their fishery. The farmers
                   in the irrigation project
                   reacted angrily to having
;trikes Down       their  water   deliveries
Law                curtailed for the first time
........ page 12-13 in the project's history.
                   The Tribes have warned for
ber ...... page 14 years that the federal and
                   state governments   had
ary ........ page 14  seriously over committed


WINTER/SPRING 2002


VOLUME 27, NO. 1

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