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Burrows jburrows@halcyon.com :: :: C.W.I.S. :: :: P.O. Box 2574 Fido Net 1:352/333 :: :: Olympia, WA 206-786-9629 :: :: 98507-2574 USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DOCUMENT: ATNI8121.TXT A F F I L I A T E D T R I B E S O F N O R T H W E S T I N D I A N S RESOLUTION 81-21 SAGEBRUSH REBELLION BILL, HB 2982 OREGON STATE LEGISLATURE WHEREAS: a "Sagebrush Rebellion" bill, HB 2982, has been introduced in the Oregon State legislature, the Columbia River Inter-Tribal Fish Commission presents the following: This proposed legislation seeks the transfer of unappropriated public lands, owned and administered by the United States, to the State of Oregon. If enacted, the legislation would further the attempts of certain other western states to accomplish a nationwide transfer of federal lands into state ownership. This transfer would gravely affect the lives and fortunes of the Columbia River Treaty Tribes -- the Nez Perce of Idaho, Confederated Tribes of the Umatilla Reservation, Confederated Tribes of the Warm Springs Reservation of Oregon, and Confederated Tribes and Bands of the Yakima Indian Nation -- member tribes of the Columbia River Inter- Tribal Fish Commission. The Commission therefore opposes HB 2982. The Columbia River Treaty Tribes reserved certain rights in treaties by which vast amounts of land in the Columbia River Basin were ceded to the United States. The Tribes reserved the right of taking fish at all usual and accustomed stations, as well as the right to hunt, gather roots and berries, and pasture stock on the unappropriated public lands. The Tribes exercise these treaty rights on natural forests, public domain lands, and other lands owned by the people of this nation and administered by the federal government. Federal land management agencies owe a trust duty to the tribes and can be held to the highest fiduciary standards in the administration of public lands. This trust responsibility is uniquely federal. States have no comparable obligations, and their powers and potential actions as trustees are at best uncertain. A clearly defined and enforceable trust responsibility, to Indians and to the land and resources they share with all other United States citizens, is vital to the future of the Columbia River Treaty Tribes. Public lands are administered under federal statutes that direct management for many public uses and that mandate resource conservation, including protection of fish and wildlife and their habitat. Other statutes require that federal agencies take environmental and social costs into account in making resource decisions. And still other federal laws give citizens the opportunity to participate in the decision-making process. The state of Oregon does not have equivalent laws, and thus the framework for public land management in the public interest is wholly lacking. Further, proper administration of public lands demands large expenditures of money. Should the proposed transfer of federal lands to the states become a reality, Oregon would be burdened with the cost of greatly expanded state agencies at a time when the state faces a financial crisis. Oregon's status as a trustee, however uncertain, would also entail significant immediate and long-term costs. Another important issue is involved in transferring public lands to the states: These lands are now accessible to everyone, and the resources upon them benefit all citizens, including the Columbia River Treaty Tribes who depend upon them for livelihood and for perpetuation of their culture. History has shown that if federal lands go into state ownership, there is great danger that these lands will thereafter be conveyed to private interests. Of nearly seven million acres that the United States granted to Oregon when it became a state, over six million are now privately owned. What once were public lands and resources are now unavailable to the public. THEREFORE BE IT RESOLVED: that for all the above reasons the Affiliated Tribes of Northwest Indians strongly urge the Oregon legislature to reject any attempt to transfer public lands to the state. This resolution expresses the certainty that defeat of HB 2982 will be in the best interests of the people of Oregon and of the nation. BE IT FURTHER RESOLVED: that the Affiliated Tribes of Northwest Indians urge the Oregon State Legislature to defeat HB 3185, a bill equivalent to HB 2982 except that the national forest lands are exempted from transfer to the state, and to defeat HB 2987, accessory legislation to HB 2982 that would appoint a study commission to research the public land transfer. CERTIFICATION The foregoing resolution has been adopted at the special meeting of the Executive Council of the Affiliated Tribes of Northwest Indians May 26, 1981 at the Sheraton Hotel, Spokane, Washington. _________________________________ ______________________ Connie Skanen, Executive Director Russell Jim, President -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com FTP ftp.halcyon.com /pub/FWDP/CWIS Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 BBS: 206-786-9629 FAX: 206-956-1087 OCR Provided by Caere Corporation's OmniPage Professional