Conservationists' Letter on proposed transfer of
National Forest Lands to The Klamath Tribes
http://www.onrc.org/programs/klamath/wydenletter10.9.03.html
Conservationists' Letter on proposed
transfer
of National Forest Lands to The Klamath Tribes
The Honorable Ron Wyden
United States Senate
516 Hart Senate Office Building
Washington, DC 20510
October 8, 2003
Dear Senator Wyden,
As members of the conservation community, we write
to you to express our opposition to the Bush
administration's proposed plan to transfer over
1,000 square miles of Winema-Fremont National Forest
land to The Klamath Tribes. While we support efforts
to redress the many wrongs done to America's native
peoples, including The Klamath Tribes, we oppose
this remedy for the following reasons.
Background
Vast areas of southern Oregon are under private
industrial forest ownership. Because these private
lands are so aggressively managed, the survival of
several threatened and endangered species (including
bald eagles and spotted owls) depends on strong
conservation of federal lands.
The forests the Tribes seek to acquire represent
vital habitat for bald eagles, spotted owls,
goshawks, pileated woodpeckers, pine martens, and
hundreds of other species associated with mature and
old-growth forests. Approximately 47,000 acres of
roadless areas suitable for wilderness designation
are located within these public forests. Over
136,000 acres of old-growth forests grace the
landscape, as well as 2,270 acres of public lands
within the 24.2 mile Sycan Wild and Scenic River
corridor. A further 28 miles of public land
bordering the lower Williamson River qualifies for
inclusion in the National Wild and Scenic Rivers
System. The Northwest Forest Plan has designated
5,619 acres of Late Successional Reserves and 4,142
acres of Riparian Reserves here. 804 acres of
designated Research Natural Areas also are located
in these public lands, as well as 58,988 acres of
big game habitat. Geologically unique lands, such as
the Devil's Garden and Pinnacles, are protected as
Geologic Areas on public lands, while such other
beautiful locations as the Williamson River Gorge,
Upper Williamson, and Saddle Mountain are protected
from logging by federal law.
Removing Public Land from Public Ownership
America's Winema and Fremont National Forest belongs
to all Americans. These public lands are appreciated
for their scenic beauty, recreational opportunities
and their invaluable ecological role in conserving
wildlife. Currently Americans have the right to
visit, traverse, hunt and fish, and enjoy their
National Forests except under very specific
circumstances.
Under the proposal, the area of Winema and Fremont
National Forest lands to be transferred to The
Klamath Tribes is slightly larger in size than the
entire state of Rhode Island. These vast forest
lands, worth over one billion dollars, would be held
in trust by the Bureau of Indian Affairs (BIA) for
the use and benefit of approximately 3,000 tribal
members. The only previous transfer in Oregon's
recent history was the transfer of 5,400 acres of
federal forests to the 695 members of the Coquille
Tribe in 1996. Should this proposal succeed, what
will be the response of the Coquille, Grande Ronde
and Siletz tribes, who have less than a tenth of
this acreage?
Loss of Access to Public Land
Once lands pass out of the National Forest system,
there will be no unalterable rights of access to
these forests. A change in tribal leadership could
suspend or abrogate access to particular forests and
citizens may or may not have legal standing to
challenge that suspension through Bureau of Indian
Affairs administrative courts.
Loss of Federal Environmental Laws and Policies
Giving public lands to the Tribes is consistent with
the wishes of some politicians and the Bush
administration to divest public resources and
dismantle landmark environmental laws and policies.
As citizen-owners of the National Forests, all
Americans can now participate in the management of
their forests, comment on National Forest operations
and utilize all branches of government to ensure
that the National Forests are managed in accordance
with longstanding environmental safeguards. This
transfer of lands would undermine these rights.
While the Forest Service is an agency with an
imperfect history, it is charged by Congress to
manage public lands with conservation values as part
of its mandate. The Bureau of Indian Affairs has no
such mandate. It is the responsibility of the Forest
Service to "sustain the health, diversity, and
productivity of the Nation's forests and grasslands
to meet the needs of present and future
generations." It is the responsibility of the BIA to
"develop forest land and lease assets on this land"
for the economic benefit of American Indians and
Alaska Natives.
Application of landmark environmental laws and
safeguards, such as the Clean Water Act, Endangered
Species Act, National Environmental Policy Act, and
the National Forest Management Act, will be limited
or lost if these public forests are no longer
managed by the Forest Service on behalf of all
Americans.
While The Klamath Tribes have offered a limited
waiver of sovereign immunity to allow some public
challenges of tribal forestry activities, such
challenges would be limited to the tribal court and
reviewed only by a U.S. District Court. No appeal to
the Court of Appeals or U.S. Supreme Court would be
allowed.
Diminishing Citizen Participation in Land Management
Decisions
Conservationists' recent experience with other
tribal forest land acquisitions shows that the
public can lose a lot in these transfers. The
Coquille Tribe acquired 5,400 acres of public
forests in 1996. The BIA failed to follow existing
law and policy as promised in the authorizing
legislation, claiming that the Tribe's sovereignty
outweighed the need to follow sound forest
management requirements. Citizens were asked to post
burdensome bonds and were ultimately refused
standing to challenge the illegal logging plans in
BIA administrative courts. In 2001 and 2002, the BIA
clearcut ancient forests in critical salmon
watersheds in violation of the Endangered Species
Act before they were held accountable by the public
in the courts at great effort and expense.
Since the BIA holds these lands in trust for
sovereign governments, citizen attempts to modify
management decisions will be much more difficult
than attempts to modify decisions about public
lands. This is one reason that public lands should
remain in public hands and managed under existing
environmental laws.
Public Lands Are the Best Way to Secure Fish and
Wildlife Habitat
Maintenance of public lands is crucial for the
maintenance of functioning ecosystems, both across
the landscape and over time. While the Tribes claim
they wish to manage the lands for multiple natural
benefits, they also seek to sustain their tribal
community almost entirely by proceeds from
commercial logging of the forestlands.
Unfortunately, history demonstrates these two goals
are incompatible.
Rare Old-Growth Forest and Important Roadless Areas
Would Leave Public Ownership
136,403 acres of old-growth forest are included in
the proposed transfer. 47,180 acres of roadless
lands (>1,000+ acres in size) also lie within the
proposed transfer. Old-growth forests and roadless
areas are anchors of biological diversity and
watershed integrity. Despite any best intentions of
the Tribes to conserve and restore old growth and
roadless areas, these forests will always represent
some of the most attractive areas for the Tribes to
log. Moreover, the body of statutory and case law
requiring the conservation of old growth forest and
roadless areas on public lands would no longer apply
to these forests.
Ecological Research Opportunities Could Be Lost
804 acres of designated Research Natural Areas are
found on the requested lands. When lands on the
Mount Hood National Forest were transferred to the
Warm Springs Indian Reservation in the late 1970s,
the Persia M. Robinson Research Natural Area was
lost to science.
Current Wild and Scenic River and Potential Wild and
Scenic River Could Be Lost
2,270 acres of public lands within the 24.2 miles of
the Sycan Wild and Scenic River would be lost. In
addition, 28 miles of the lower Williamson River
qualify for inclusion in the National Wild and
Scenic Rivers System. Though wild and scenic river
designations are not limited to federal land,
Oregon's national Wild and Scenic Rivers have only
been designated where public land represented the
vast majority of the affected acreage.
Mismanagement by the Bureau of Indian Affairs
The proposal would transfer Winema and Fremont
National Forest lands from the Forest Service to the
Bureau of Indian Affairs. The BIA is an agency
currently embroiled in a massive mismanagement
scandal resulting from its failure to track the
royalty receipts for trustees. The agency's
malfeasance is so egregious that the Secretary of
Interior has been declared in contempt of court for
her agency's lack of fiscal responsibility. As the
BIA has been such a poor steward of both native
peoples' money and land, giving this agency
responsibility for over 695,000 acres of public land
is an untenable gamble with precious resources.
Worsening Economic Dependency
One of the first rules of business is to avoid
investing in a declining market. While The Klamath
Tribes state an interest in managing the forest for
ecological restoration, they also seek to become
economically self-sufficient through these
activities. It is unlikely that they can achieve
both goals given current market conditions. Timber
prices in the Northwest are at historical lows and
competition from foreign suppliers is at an all time
high. If the choice is logging a sensitive area to
maintain revenues or closing the health clinic, what
will the Tribes do?
Other Solutions Available
Through decades of overcutting, our forest
"accounts" are already tragically overdrawn. We
support economic self-sufficiency for native peoples
but we strongly oppose using publicly owned forests
as a blank check in an attempt to right past wrongs.
We need an open public discussion of alternate means
to right these historical wrongs. Creating a tribal
homeland for the 3,000 members of The Klamath Tribes
may be a part of a just and equitable solution.
Private lands, encompassing more than 400,000 acres
within the former reservation boundary, could be
purchased from private sellers by the United States
government on behalf of the Tribes. Alternatively,
federal funds could be transferred to the Tribes to
execute the purchase.
It may be that the land base needed to maintain
cultural identity and the best economic future for
The Klamath Tribes are separate issues. Indeed, the
future prosperity of most Oregonians is based in a
move away from extractive uses of our lands and
toward technological creativity and service and
recreational economies. Federal appropriations could
support tribal investment in stable and profitable
businesses.
We support the efforts of The Klamath Tribes to
become economically self-sufficient. At the same
time, we strongly oppose a plan which would turn
over Winema and Fremont National Forest lands to the
Bureau of Indian affairs and limit or remove
landmark environmental laws that currently benefit
all Americans. As leaders in Oregon's conservation
community, we urge you to oppose this proposal and
to work to identify and fund good alternatives.
Sincerely,
Audubon Oregon
Audubon Society of Corvallis
Audubon Society of Portland
Bark
Coast Range Association
Friends of Breitenbush
Friends of the Columbia Gorge
Hells Canyon Preservation Council
Klamath Siskiyou Wildlands Center
Oregon Natural Resources Council
OSPIRG
Rogue Valley Audubon Society
Salem Audubon Society
Siskiyou Regional Education Project
Soda Mountain Preservation Council
Umpqua Watersheds
Western Land Exchange Project
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