KBRA & KHSA UPDATE!

This is Great News but keep up the pressure and send letters to Congress and your Senators!
We will not give up our Rights!
The Modoc Nation does not agree with something that takes away tribal rights.   The Klamath tribe was willing to sell off our rights without our permission.  


(KBRA) Water bill stalls in Congress
House won’t sign off on the legislation
SB 2379 faces major opposition in the House from the chairman of the House Resources Committee, U.S. Rep. Doc Hastings, R-Wash.
By LACEY JARRELL H&N Staff Reporter
Time is running short for the Klamath Settlements. As of Monday, the water package only has four days to gain federal approval.
According to lawmakers, the chances of that happening are slim.
On Monday, Congress will convene for the last week of the 2014 legislative session. Lawmakers must pass spending legislation by Thursday or risk another government shutdown.
Water stakeholders hoped the Klamath Water Recovery and Economic Restoration Act, SB 2379, could be pushed through for presidential approval attached to a year-end spending bill.
“At this point in the lame duck session, however, inclusion in the bill requires the sign off from both the House and Senate negotiators.
“Unfortunately, we have received word from both the Senate negotiators and directly from House members that the House will not sign off on the bill,” said Courtney Warner-Crowell, a spokesperson for Sen. Jeff Merkley, D-Ore.
In partnership with bill sponsor Sen. Ron Wyden, D-Ore., Merkley has worked to build bipartisan support for SB 2379. The legislation, he said, is essential for delivering a win-win resolution to water conflicts in the region.
According to Andrew Malcolm, a spokesman for U.S. Rep. Greg Walden, R-Ore., major issues such as the Klamath bill will not be included in the year-end omnibus bill. Malcolm said the bill was already rejected from inclusion in a public lands bill and a tax bill that is moving through Congress.
“House Republican leaders stepped in to block critical Oregon priorities that have received bipartisan support – including the O&C forestry bill and Klamath River Basin restoration agreement. It is my plan to keep pulling out all the stops to move these important bills forward as soon as possible,” Wyden said.
Malcolm noted that SB 2379 faces major opposition in the House from the chairman of the House Resources Committee, U.S. Rep. Doc Hastings, R-Wash., and members of the California delegation.
“Based on that, it would be outside the norm for it to be included in a ‘must pass’ year-end bill, like the government funding bill, when it hasn’t passed out of either chamber and when it faces major opposition from some in Congress,” Malcolm said.
In April, Walden suggested that a comprehensive water bill may not make it through the House as a single piece of legislation, particularly if a provision for removing four dams on the Klamath River is included.
According to Klamath Tribes Chairman Don Gentry, who met with Walden Wednesday in Washington, D.C., Walden is holding to that statement.
“My discussion with Congressman Walden indicated he can’t, or he won’t, approve moving that forward. It’s pretty disappointing,” Gentry said.
Gentry said stakeholders have been encouraged by the tide of positive support in recent weeks, especially endorsements coming from the ag community.
In addition to the Klamath Falls City Council and the Klamath County Chamber of Commerce each writing letters to support the bill, the Klamath County Farm Bureau and the Klamath County Cattlemen’s Association have thrown their support behind it.
The Klamath County Commissioners wrote a letter to Walden opposing SB 2379, particularly conditions relating to removing the Klamath River dams.
“The county commissioner opposition is still seen as a pretty significant obstacle,” Gentry said.
Gentry said during his meeting with Walden, he and representatives from other tribes reiterated the crucial role dam removal plays in the settlement.
“I think folks thought somehow that could be removed and things could be pushed through, but that is a key element of what we negotiated to,” Gentry said.
According to Warner-Crowell, Merkley is concerned that lawmakers are about to miss an opportunity essential to the future success of the Klamath Basin.
“Sen. Merkley believes that we should seize this moment and pass this legislation,” Warner-Crowell said. “This opportunity might not come again anytime soon, and failure to implement the agreement could be catastrophic for the region.”

Tribal Leaders Please Send Letters Now to oppose S. 2379

July, 28th 2014

 

Honorable Jon Tester, Chairman Honorable John Barrasso, Vice Chairman Committee on Indian Affairs United States Senate 838 Hart Building Washington, D.C. 20510

Honorable Mary L. Landrieu, Chair Honorable Lisa Murkowski, Ranking Member, Committee on Energy and Natural Resources United States Senate 304 Dirksen Building Washington, DC 20510

 

 

Re:          Tribal rights and trust resources at risk in S. 2379 (Klamath Basin Water Recovery and Economic Restoration Act of 2014)

 

Dear Senators Landrieu, Murkowski, Tester and Barrasso:

 

 

The Modoc Nation (formerly known as the “Modoc Tribe”), a federally recognized native nation by virtue of the Lakes Treaty of 1864 and the Klamath Tribe Restoration Act of 1986, hereby submits the following issues and comments that we would to like make regarding  S. 2379

S. 2379 contains language that is of great concern to our Tribe because it allows the United States to take unilateral action to abandon its treaty and trust obligations without tribal consent.  Following the devastating effects of the Dawes Act in 1887 and Termination Era of the 1950s, the United States declared that the practice of exercising absolute plenary power against the interests of Tribes Native people should forever be removed as an acceptable policy because of the dishonor that it brings to the Nation.  Yet, it has once again resurfaced in S. 2379 by proposing to authorize the Secretary of the Interior to unilaterally abandon its obligation to enforce treaty and trust obligations to affected tribes that result from the Department of the Interior’s own actions.  We ask that you formally reject this attempt to undermine United States trust obligations to tribes by opposing enactment of S.2379, or any other legislation that contains this already rejected bad Indian policy.

 

It is reported that a hearing before the Senate Energy and Natural Resources Committee was conducted on June 3, 2014, with little notice and without providing an opportunity for affected tribes to present testimony.  This demonstrates a complete lack of respect by the Committee to Indian tribes, as well as a willingness to use backroom politics and improper manipulation of the legislative process as tactics to move legislation that is adverse to Indian tribes. 

 

The National Congress of American Indians, by Resolution PSP-09-051, and the Affiliated Tribes of Northwest Indians, by Resolution 09-63, has opposed any legislation that would terminate or subordinate the rights of any Indian tribe without their consent.  We ask that you reaffirm your commitment to protect the United States’ trust obligations to tribes and Native people by opposing the passage of S. 2379.

  

Although we have exercised our rights to sovereignty and self-determination as a federally recognized tribe to protect our rights to be a Tribe by ratifying and adopting our own Constitution forming our own Government on June 19^th 2010; We have not forfeited our Federal Recognition nor given up any rights and still wish Government to Government Relations with The Federal Government of The United States.   Our rights, homelands, distinct culture, beliefs, protection, and well-being was not being represented or protected within the Klamath Tribes. 

   We will also soon have an address in California too since we have also purchased land for our Nation in California.

 

Respectfully submitted,

Chief Jefferson Greywolf-Kelley

Chief of The Modoc Nation

P.O. Box 506

Independence, Oregon 97351

503-838-0280

The Modoc Nation

Modoc-nation.blogspot.com

The Modoc Nation on Facebook

Modoc-nation@hotmail.com

The Sovereign Rights of Self-Governance and Self-Determination are at Stake in the Klamath Bill

The Sovereign Rights of Self-Governance and Self-Determination are at Stake in the Klamath Bill

 

The Klamath Basin Restoration Agreement (KBRA) and S. 2379, a bill to implement it, got a quick hearing. Reclamation’s lawyer and several Oregonians testified but no one from California, including The Modoc Nation, was given an opportunity to participate. The Federal government’s role in the KBRA should be alarming to any tribe that prizes the sovereign values of self-governance and self-determination.

 

The Modoc Tribe, now (Nation) in California is one of the few Indian tribes who legally own water rights that are protected by treaty, Executive Order and federal law.

 

S. 2379, introduced on May 21 by Senators Wyden, Merkley, Feinstein and Boxer, will effectively bind the United States to abandon its fiduciary duty to protect our fishery from the effects of the Bureau of Reclamation’s management of the Klamath Irrigation project.  S. 2379 would authorize this provision in the KBRA: 

 

The United States, acting in its capacity as trustee for the Federally recognized tribes of the Klamath Basin, hereby provides . . .  Assurances that it will not assert:  (i) tribal water or fishing right theories or tribal trust theories in a manner, or (ii) tribal water or trust rights, whatever they may be, in a manner that will interfere with the diversion  . . . of water for the Klamath Reclamation Project.

 

Our Tribe evaluated the Klamath settlement on the basis of decades-long experience with legal, political, and administrative conflicts that threaten the rivers and fishery we have relied on for thousands of years. We identified policy, fiscal, technical and scientific problems, and proposed solutions. At the conclusion of negotiations, our judgment, exercised in utmost good faith, led us to reject the settlement as too risky to our rights.

 

That should have been the end of the matter. After all, such decisions are made daily by businesses, every level of government and, yes, Indian tribes. Parties meet, confer, bargain, disagree, and either make a deal or they don’t. 

 

But after being pressured by water users, the United States did not respect our decision by stating “although we recognize The Modoc Nation as descendants of Modoc people, we have to assume that the Klamath Tribe(s) is looking out for your best interest”. Even though as of June 19^th 2010 we were no longer with the Klamath Tribe(s). We exercised our rights as a federally recognized tribe and formed our own Government because the Klamath Tribe(s) was not representing our best interest or protecting the Modoc tribes’ rights as you can see with the KBRA & KHSA Agreement.  Now Congress and the Secretary of the Interior are gambling with our rights. If their gamble fails, our tribe loses.

 

At the end of the day, the policies of the Klamath settlement mock the tribal consultation and coordination mandate in Executive Order 13175. In that order the President recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self-determination.

 

Instead, the Klamath settlement turns the fiduciary duty inherent in Congress’ power over Indian affairs into a bludgeon against tribal rights.  The National Congress of American Indians (Resolution No. PSP-09-051) and the Affiliated Tribes of Northwest Indians (Resolution No. 09-63) have long decried this kind of outcome.

 

The precedent that S. 2379 represents for tribal rights is an unacceptable and unnecessary price for Indian country to pay.  All tribes should tell Congress and the President to reject forced settlements for our tribe or any tribe.    

Thank You Hoopa Tribe for your outline of this document and letter to send to the committee of Indian Affairs and Committee on Energy and Natural Resources.   

Chief Jefferson Grey-Wolf Kelley

Chief of The Modoc Nation

Please Call to Help The Modoc Nation Keep it's Rights!

Dear Friends and Family, it is not too late yet. Please contact the Energy and Natural Resource Committee and tell them that we oppose S.2379 Klamath Basin Water Agreement. That taking away our Rights is not what we want and do not agree... to it. That if this goes through yet another grievous injustice has been committed against our people. That The Modoc Nation exercised it Rights as a Federally Recognized Tribe in 2010 and formed it's own Government to protect its people,rights and homeland. That the Klamath's have no authority to sign away anything regarding the Modoc tribe. Please Call 202-224-4971

Call Congress today to Vote No on S. 2379

Please call or e-mail your Senators and Congressmen on this issue, now called S. 2379 trying to be pushed through again calling it the Klamath Basin Water Recovery and Economic Restoration Act of 2014 ( KBRA & KHSA) If this passes it is just the beginning of The Death of our Wildlife in the Refuges. It also takes away our Rights to ever legally file against the Federal Government.

Call them or E-mail them and tell them to Vote NO this is a Bad Idea!

The Modoc Nation did not approve nor would we ever! We don't sell off Rights and Destroy what Kumush told us to protect always!

CALL or e-mail today!

Sen. Ted Gaines 916-651-4001 www.gaines.senate.gov

Tom Mclintock 202-225-2511

Sen. Ron Wyden 202-224-5244 www.wyden.senate.gov

Sen Jeff Merkley 202-224-3753 www.merkley.senate.gov

Sen Barbara Boxer 202-224-3553 www.boxer.senate.gov

Sen. Dianne Feinstein 202-224-3841 www.feinstein.senate.gov

KlamBlog: Klamath Project Irrigators get full water delivery...

KlamBlog: Klamath Project Irrigators get full water delivery...: The US Bureau of Reclamation has released its 2014 Drought Plan for the Klamath Irrigation Project. The Plan responds to Upper ...

Vote No on the Upper Klamath Basin Comprehensive Agreement!

Dear Klamath Tribal members who think of themselves as Modoc. I know many are mixed but in your heart believe you are Modoc. Those are the ones I'm speaking to. There is this new wrapped package called the Upper Klamath Basin Comprehensive Agreement. You will be asked to vote on it very soon it will be to accept it or reject it. I ask you to vote to reject it. You will be told it's a great thing that honors the treaty our Ancestors signed, that you will be getting 90,000 acres of Klamath homeland back, on and on. However, it also states that the original KBRA & KHSA deal will be upheld. This is what the deal really is, if you are Modoc you will be voting away all the Modoc's tribe Hunting, Fishing and Gathering Rights forever, you will essentially be selling your Ancestor's Homeland away forever! I ask you to look at this picture of Captain Jack and think how would he vote, the answer should be clear. If you don't understand what you are selling off and giving up then look at the Modoc Nations New website at www.ca-modoc-nation.org and look at the questions posed about the KBRA & KHSA. This is where we as Modoc's must join together and take a stand. The Klamath Tribe gets everything and is protecting all the Klamath's homeland and water rights but sells off all the Modoc's. There are meetings coming up and I urge you to attend and ask those very questions that are posted on our site. I know you will not get the questions answered to the satisfaction of our people, we the Modoc's. Here are the locations Portland March 18, 6-8 pm Double Tree Inn, Lloyd Center. Eugene: March 19th 6-8 pm University of Oregon Longhouse. Klamath Falls: March 20th 6-8 pm Klamath tribe health and family services. Chiloquin: March 21st 6-8pm, Klamath tribal administration. This is a huge and outright attack on our tribe. This breaks the Klamath tribe's own constitution to preserve and protect the Modoc's homeland and waters. If you vote and this still passes I ask you to join The Modoc Nation and leave the Klamath Tribe, they are no longer looking out or doing anything to protect the Modoc people. In my opinion, this is an act of war. Be Well Dear Brother's and Sister's.

California official advises against listing gray wolf

California official advises against listing gray wolf
 Apparently we can't trust the Dept. of Fish and Wildlife to protect any of our sacred
 brothers!                            

Must Watch! John Trudell and Elder Red Crow speak - Native Wisdom

Great Article on Blood Quantum's

This is exactly why we in The Modoc Nation do not have blood quantum's!
We know from experience it separates and destroys families.  We care about all
out people.



Blood Quantum - Why It Matters, and Why It Shouldn't
by Christina Berry

"You're an Indian? What part?"
That's the universal question many mixed-blood American Indians are asked every day. How many times have you mentioned in passing that you are Cherokee to find your conversation interrupted by intrusive questions about percentage? How many times have you answered those questions? Well stop! That's right -- stop answering rude questions.
Have you ever been talking to someone who mentioned that they were part Hispanic, part African-American, part Jewish, part Italian, part Korean, etc.? Have you ever asked them what percentage? Hopefully your answer is no, because if your answer is yes, then you're rude. It would be rude to ask someone what part Hispanic they are, but we accept that people can ask us what part Cherokee we are. This is a double standard brought about by our collective history as American Indians, and is one we should no longer tolerate.
The history of blood quantum begins with the Indian rolls and is a concept introduced to American Indians by white culture. Throughout early Native history, blood never really played a factor in determining who was or was not included in a tribe. Many American Indian tribes practiced adoption, a process whereby non-tribal members would be adopted into the tribe and over time become fully functioning members of the group. Adoption was occasionally preceded by capture. Many tribes would capture members of neighboring tribes, white settlers, or members of enemy tribes. These captives would replace members of the tribe who had died. They would often be bestowed with some of the same prestige and duties of the person they were replacing. While the transformation from captive to tribal member was often a long and difficult one, the captive would eventually become an accepted member of the tribe. The fact that the adoptee was sometimes of a different ethnic origin was of little importance to the tribe.

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It wasn't until the federal government became involved in Indian government that quantum became an issue. One of the attributes collected on a person signing one of the many Indian rolls was their quantum. However, this was highly subjective as it was simply a question that the roll takers would allow the people to answer for themselves. I know for a fact that this was known to be incorrect because my own ancestors' quantum is recorded incorrectly. My great grandmother and her sister are listed with generationally different quanta even though they were sisters with the same mother and father and have the exact same quantum.
In this day and age, however, quantum is heavily relied upon for determining eligibility for tribal recognition. In order to become a registered citizen of any federally recognized Cherokee tribe you must first get a CDIB (Certificate of Degree of Indian Blood). This CDIB is issued by the BIA (Bureau of Indian Affairs) and simply states that the United States government certifies that you have a specified degree of Indian blood and are eligible to be a member of a given federally recognized tribe. Once you have a CDIB you can become a recognized citizen of that tribe.
In addition, many Indian tribes include their own quantum restrictions for citizenship. The Eastern Band of Cherokee Indians requires that you be 1/16 or higher to join, and the United Keetowah Band requires a blood quantum of 1/4 or higher. The Cherokee Nation, on the other hand, has no quantum restrictions. The majority of the Cherokee Nation has 1/4 or less Indian blood.
When considering these numbers it is important to remember that the Cherokee were in direct contact with white settlers very early in American history. Many prominent Cherokee families include intermarried whites as far back as the colonial period -- prior to the American Revolution. As you can imagine, with over two hundred years of intermarriage, many Cherokee today have some very confusing fractions to spit out every time someone asks, "What part Indian are you?"
But why do we, as tribes or individuals, think that a number is sufficient in proving our Cherokeeness? Blood quantum is just that -- a number -- a sterile, inhuman way of calculating authenticity. When a person asks, "What part Cherokee are you?" they are trying to quantify your authenticity. If the answer given is a small percentage or an incomprehensible fraction, the answerer's Cherokeeness is called into question. Why? Does the fact that my ancestor Granny Hopper married a Scottish trader take away from the fact that Granny Hopper will forever be my great, great, great...great grandma? No, it just means that one of my other great, great, great...great grandmas had a really neat Scottish accent.
We are not Gregor Mendel's cross-pollinated pea plants; we are people. Our ethnicity and cultural identity is tied to our collective and ancestral history, our upbringing, our involvement with our tribe and community, our experiences, memories and self-identity. To measure our "Indianness" by a number is to completely eliminate the human element. And to allow others to judge us based on that number is to continue a harmful trend.
Next time someone asks you what part Cherokee you are, tell them it's irrelevant. If you're braver than me, challenge them by explaining that they are asking a rude question. Because in the end, the answer doesn't matter. You're a whole person, not the sum of your "parts." If any "part" of you is Cherokee, then you are Cherokee. Period.

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