
On
Although
the Tribes retained significant property rights on their former lands to hunt,
fish and gather and water rights to sustain those activities, the water and
wildlife resources have been continuously degraded to a state where they can no
longer be harvested to provide subsistence for tribal members.
Indeed,
the entire ecosystem of the
At
the same time the State of
It
is clear that the Basin from its headwaters to the ocean is in a seriously
degraded and depleted condition. The restoration of the entire Basin is
necessary to meet the needs of sustainable agriculture, viable wildlife refuges,
and a vigorous fishery for both the upper and lower river tribes, and a restored
habitat that accommodates habitat for healthy deer and related wildlife species
and abundant food gathering.
The Klamath Tribes are beginning discussions about the return of the Tribes'
land base as an essential element of their restoration as a people, and of the
reconstruction of their once vital economy. These discussions, of necessity,
must include the restoration of the seriously degraded eco-system that is
integral to the vitality of the entire
The subjugation and the
destruction of lifeways and economic viability
No
tribe in
The
Tribes' economy and trade were wiped out and the people were forced to survive
on a subsistence basis dependent almost entirely on the fish, wildlife and
gathering provisions of the treaty, a subsistence that was further diminished by
the destruction of the abundant salmon runs by the construction of hydroelectric
dams in the early 1900's. The Tribes were, in addition, forced to engage in a
continuous struggle with the
In
spite of these obstacles the Klamath’s thrived on the remaining fish and
wildlife resources, and recreated their vigorous economy based on careful timber
production and livestock grazing. They soon became one of the nation's
wealthiest and strongest tribes. In 1953 the Klamath people were nearly at
economic parity with mainstream society. Tribal individual income was 93% of the
majority culture. The Tribe was, moreover, no burden on taxpayers. The Klamath
Tribes were the only tribe in the country paying their BIA administrative costs.
In 1957 there were only four Indians on welfare in the
Their
strength and wealth were, however, no match for determined efforts of the
federal government to eradicate their culture and acquire their most valuable
natural resources a million acres of land and ponderosa pine. The stage was set
for the dispossession of the Klamath’s in the early 1950's when the Tribes
were subjected to the worst of many disastrous experiments in federal-Indian
policy "Termination". "Termination" was a federal policy
adopted by the United States Congress in 1953 on its own motion, without the
request of any tribe and over the objections of almost all tribes and Indian
organizations of the day. The purpose of the policy, in its simplest terms, was
to force the assimilation of Indian people into the mainstream American culture
by the abolition of tribal governments, the eradication of reservations and all
tribal holdings of lands and assets, and a whole array of other purposes. In
short, having gotten the benefit of the bargain from the treaties with Indian
nations, the federal government no longer wished to uphold, even in the smallest
degree, its side of the bargain.
Termination
was, therefore, accomplished over the objections of the majority of the tribal
members and to the great detriment of the Tribes. The thrust of the policy was
to abrogate and remove the bulk of the federal responsibilities guaranteed to
the Tribes by treaty. These treaty guarantees had been bought and paid for with
Tribal cessions which surrendered over 20 million acres of prime timber and farm
lands to the
Once
terminated the Tribes were cut off from these valuable services. There was not
at the time, nor has there ever been, any compensation for the loss of these
entitlements. The value of these lost services from the implementation of
termination in 1961 until restoration in 1986 has been estimated to be about one
hundred forty-eight million dollars ($148,000,000).
There
were, in addition, federal guarantees which insulated the Tribes and its members
from taxation and other economic burdens imposed by the state and local
non-Indian governments. These guarantees had tremendous value the most
conservative estimate being at least $100 million over the period from 1961 to
1986 yet were given no consideration at Termination when they were discontinued.
But
Termination took even more important assets from the Klamath people, both
tangible and intangible. The intangible was the Klamath’s' identity as an
Indian nation among the great circle of recognized Indian tribes of
It
is difficult to overstate the disastrous impact or the enormous stupidity of
these actions. Congress first reached the patently sham conclusion that the
Klamath people were "ready" for termination because they had achieved
sufficient sophistication in the arts of "civilization" that they were
prepared to assimilate into the majority culture. This conclusion was contrary
to both the report of the Bureau of Indian Affairs that the Klamath’s did not
meet Congress' criteria for termination, and the Stanford Research Institute
report that implementation of termination would be disastrous. The federal
agencies responsible for implementing termination then reached the incredible
conclusion that fully one-half of the adult Klamath’s were incapable of
managing their own affairs without a legal guardian. Undaunted by this
extraordinary inconsistency, termination proceeded to the realization of its
actual purposes the dispossession of the Klamath people from their rich and
prosperous homeland and the removal of the Tribes and its members from federal
recognition.
The
corollary but unrecognized and related inconsistency of the Klamath termination
legislation was the taking of the land. Any validity to the conclusion that the
Klamath people may have been prepared for release from federal supervision was
dependent solely upon the assessment that they were one of the, if not the most,
economically self-sufficient tribes in the country. But that self-sufficiency
was directly related to the revenues generated primarily by the tribal timber
and ranching and related industries.
These
industries ranching and timber are of necessity tied to the lands that support
them. It was, however, ownership of those very resources that termination
legislation was designed to remove from the Tribes and its members. It was,
moreover, done in a fashion that guaranteed that neither the Tribes nor its
members would have any realistic chance of acquiring any of the lands of the
soon to be former reservation.
At
the time of termination tribal members were separated into two groups; those who
would receive their share of the tribal estate in cash from liquidation of
tribal assets the "withdrawing members"; and those who would hold an
undivided interest in a share of the tribal estate to be managed by a private
trustee the "remaining members." The election to be in one group or
the other was the only choice ever given to the Klamath people. But only those
who had reached majority 21 years of age could vote. The tribal estate would be
divided into two parcels: one to be sold to produce the revenues to be paid to
the "withdrawing members"; and, another to be managed by a private
trustee for the benefit of the "remaining members."
There
was great confusion at the time of the election. Very little useful or reliable
information about the real meaning of either choice was available. There was, in
addition, much misinformation. It was generally felt that taking the cash being
offered at the time may be the only chance to ever get anything from the tribal
estate. Many thought that they could take the money and acquire a parcel of
land. Others simply did not understand that the payment meant the loss of the
lands. Given this confusion, 77% of those who voted chose to take the money, not
fully appreciating that it meant they would lose their ancestral reservation. As
for the remaining lands concept, there was no information about what the plan
for the remaining members would be, how those lands would be managed, who would
manage them or what role the remaining members would play in the management.
After
the election Congress determined that such a large portion of the ponderosa pine
forest reservation would be sold that they needed to do something to protect the
local timber industry. Without any concern for the impact on the tribal members,
Congress amended the termination legislation and made it a provision that no
portion smaller than 5,000 acres could be acquired and that these forest lands
had to be managed on a sustained yield basis. This new provision had two
important effects: 1) it virtually assured that no tribal member would receive
enough money to purchase the minimum sized parcel; and, 2) since "sustained
yield" was a poorly understood management concept at the time, it depressed
the value of the lands on the market. This was evidenced by the fact that there
was only one private bid on the lands Crown-Zellerbach took a 90,000 acre
parcel.
Even
if a tribal member had wanted to borrow money to add to their share of the
liquidated estate so they could purchase lands, they had little or no
sophistication in financial affairs. The only economic purpose for which they
could have acquired the land was timbering or ranching. It would have been
nearly impossible to demonstrate any real possibility of competing with the
United States Forest Service as a supplier of timber in the late 1950's. Except
for the Crown-Zellerbach parcel, the rest of land was taken through condemnation
by the
Congress
determined after the vote that there would be a private trustee to manage the
so-called "remaining lands." A local bank was selected as the trustee
and the remaining members were given very little say about how the lands were to
be managed. Once again the irony and inherent inconsistency for the management
of the "remaining lands" was evident. Here were people declared by
congressional finding to be prepared to handle their own affairs nevertheless
having their assets placed under the supervision of a federally appointed
trustee. The "remaining members" were to have no real say or control
over their own assets nor over the actions of the trustee. Nor would the
remaining members ever have any real opportunity to ultimately undertake
management of the trust assets for themselves. Indeed their only opportunity for
input on the adequacy of the performance of the trustee was a vote every five
(5) years on whether to retain the federally selected trustee something they
discovered only after they elected to be "remaining members".
The
remaining members exercised their right to vote on retention of the trustee on
two occasions. The trustee turned out to be the United States National Bank of
As
outrageous as the imposition of termination was, as ridiculous as the
liquidation of the tribal estate was, few things rival the irresponsibility of
the incredible scheme for distribution of the tribal estate to the withdrawing,
and later the remaining, members.
There
is a temptation to point to the political strife among the Klamath people and
conclude that they were politically vulnerable because they were in disarray.
Such a conclusion would be unwarranted and erroneous. Their government was far
more stable than comparable local non-Indian governments all over the nation at
the time. This is all the more remarkable considering that these people were; 1)
constituted of traditional enemies forced together on a land base representing
one tenth (1/10) of their original territory, 2) that they had overcome a war
involving the escape from and return to the reservation of the Modoc people, 3)
that they had rebuilt from the ground up a viable economy, and 4) that they
enjoyed a reasonably stable tribal government and relationship with the BIA for
over several generations. It is impossible to imagine a healthy local government
that does not have among its numbers at least one dissenting voice on any issue,
and usually one or more vocal minority factions. The Klamath’s were no
different in that regard, and certainly no worse.
These
were a well integrated people, economically prosperous, politically active,
culturally and spiritually vital while on their reserved homelands. They were
also, for all of their success at rebuilding their reservation economy,
reservation Indians. That had some very specific meanings in the 1950's. It
meant, for example, that they were unaccustomed to a number of the attributes of
the majority society.
They
lived in a setting where they paid no property taxes. They had little or no
consumer debt. A significant portion of their subsistence was taken from
reservation fish and game sources, to which they had exclusive access. They
enjoyed an enclave secure from the destructive management practices of the Fish
and Game Department of the State and the habitat destroying practices of the
U.S. Forest Service. Few of them had checking accounts or engaged in any
significant amount of consumer purchases for large and expensive items with the
exception of cars or appliances. They lived primarily on the reservation in
small communities insulated from most of the influences of the majority culture.
They certainly had no experience with large distributions of money. They were,
in addition, not subject to state income or other taxes while on the
reservation. Although, like Indian people everywhere, they paid every
conceivable tax when they went to town and purchased the necessary goods and
services for daily life.
They
also had a connection to their ancestral lands, the significance of which is
impossible to convey here. They were spiritually responsible for the land that
was being sold out from under them. The land was a source from which they drew
spiritual and cultural as well as bodily sustenance. They took their stewardship
responsibilities seriously. They conveyed much of their cultural ways to the
young through experiences on the land that reflected their relationship with the
Creator.
Their
lives were being transformed by forces beyond their control and in ways beyond
their comprehension. All of this without one single study by Congress prior to
adopting this policy about the economic, social or cultural impacts involved.
The single possible exception to this was the Stanford Research Institute study
which was finished after Congress had adopted the Termination Act, and which
Congress ignored in all subsequent considerations in the implementation of the
Act.
It
is against this backdrop that the federal government in 1961 determined to
distribute checks for $43,000 each to 1,659 Klamath individuals. A distribution
that was to take place without counseling for either the Klamath’s or the
local community; without the provision for a reasonable transition by the
Klamath people; without any safeguards against sharp dealings or unscrupulous
consumer practices. And, because so many Klamath's "ready" for
termination were declared to not be competent to handle their own financial
affairs, a significant portion of the payments went into individual trust
accounts managed primarily by local attorneys or bank trust officers, most of
them having no experience in handling such matters, and none of them having any
training in cultural sensitivity.
The
bulk of the money distributed to the Klamath’s which actually was delivered
into their hands was expended on the usual array of consumer goods purchased by
most citizens of the day; homes, furniture, appliances, cars etcetera. These
purchases were intended to accomplish at least some of the symbolic transition
of the Klamath people toward the goal they had been told they must pursue
assimilation into the majority culture. What they were not told, of course, is
that no amount of money could purchase a non-racist community willing to deal
honorably with them in commercial and social affairs.
The
result, as predicted by the Stanford Research Institute Study, was a disaster.
Much of the wealth derived from the sale of the Klamath's heritage was lost to
sharp dealings by merchants; unscrupulous attorneys that mishandled, embezzled
or engaged in self-dealing from trust accounts of those determined to be
incompetent; to poorly considered investments sometimes by attorneys lending
themselves money from the accounts; or to exorbitant fees charged by local
attorneys or banks for the handling of the beneficiaries affairs which hardly
ever got more sophisticated than handing out checks to the beneficiaries a
process usually handled in the most paternalistic of ways. They were also lost
to non-Indian spouses who married Klamath’s, had them declared incompetent,
and gained control of their assets. There were also those who simply wasted
their Klamath spouses' wealth and then left. There were, in addition, mysterious
deaths of Klamath people. And in some cases following the death of a Klamath
member, the disinheriting of the children born before the marriage in favor of
the surviving non-Indian spouse.
But
much of the wealth went to another far less visible but culturally significant
end. Those born after
Some
of the money, however, went to far more sensational purchases. These became the
fodder of the stories told in the press about day long parties, multiple
purchases of cars, and Indian individuals walking around with thousands of
dollars in paper bags. Many of the stories were true. The fact that they were
the exception did nothing to keep them from marking all of the Klamath people as
wild squanderers of their money.
These
behaviors are not significantly different from what any thoughtful person might
have expected given a moment to reflect on what could actually happen. Any group
of 2,100 people randomly selected would have engaged in much the same conduct
given a check for a large amount of money with no experience in financial
affairs and no counseling of any sort available to them. Recent studies of the
fate of lottery winners reflects some of the same experiences.
Add
to that the burdens facing the Klamath’s. They were being asked to deal with
this at a time when their whole culture was undergoing significant upheaval.
Their way of life was being completely transformed. Their economic system was
being stripped away. And in all of this they were being blamed for abandoning
their Indian identity in a situation where they had no real choices and little
hope of having others understand the complex set of circumstances that led them
to the situation in which they were placed. One result was tremendous guilt
along with frustration all the more confusing because there was no basis at the
time for understanding these feelings. These contributed to the desire, both
overt and subliminal, to get rid of the money that symbolized their betrayal. It
also led to rampant alcoholism and the attendant problems of suicide, domestic
violence, and loss of self-esteem, symptoms of post-traumatic stress syndrome,
and more. This is but a part of the legacy of termination.
The
economy of the Klamath's was destroyed. Their land lost to the federal
government for a fraction of what would prove to be its real value. The culture
and social fabric of the people was seriously hurt. Their government was
critically undermined and all but dysfunctional. Their consistent requests for
assistance in preserving a small portion of their heritage went unheeded. They
were dispossessed from the very land-based enterprises at which they had been so
successful. They were sent to participate in a society for which they had few of
the skills or inclinations necessary with which to succeed; a society
ill-prepared and largely unwilling to accommodate them. The single exception
being those willing to marry tribal members to obtain access to their relative
wealth. Few of those marriages survived the dissipation of the payments.
The
local community viewed them with envy and growing contempt based on the bizarre
notion that the payments for their land were in some sense a windfall which was
unearned and undeserved. This conclusion was based in part on the perception
that the Klamath's inability to hold on to and increase that wealth was an
indication that they truly had not deserved it in the first place. The irony of
the latter conclusion all the more poignant since the loss of so much of that
wealth is directly traceable to dealings with much of that same community.
Faced
with growing demoralization, the social profile of the Klamath people reflected
increasing evidence of all of the indices that have come to characterize one
face of Indian America--poverty, alcoholism, high suicide rates, low educational
achievement, disintegration of the family, poor housing, high drop-out rates
from school, disproportionate numbers in penal institutions, increased infant
mortality, decreased life expectancy and more.
The
once self-sufficient Klamath people had not realized the dream of assimilation
that the federal officials and bureaucrats had crafted and forced upon them.
They had, instead, had their land and resources stripped from them; been
subjected to the distribution of large sums of money with which they were
ill-prepared to deal; suffered the worst of consumer and other practices in
having that wealth wrested from them; been offered no realistic alternatives in
the process; and finally blamed and ridiculed for the very process that had
victimized them.
The enduring spirit of
survival; the fight to protect part of the legacy
Despite
the announced goals of the Termination Act the Klamath Tribes didn't disappear,
and they didn't give up their battle to regain what they had lost. Although the
lands had been taken by condemnation the Tribes reserved to themselves the right
to hunt, fish and gather on their former reservation in the Treaty of 1864.
Congress further determined in the Termination Act of 1954 that these hunting,
fishing and gathering rights would not be terminated in the legislation ending
the government-to-government status of the Tribes with the
In
1972 five members of the Tribes, represented by the Native American Rights Fund,
brought suit in federal district court to have their rights vindicated. After
appeals to the federal circuit court the Tribes rights to hunt, fish and gather
on their former reservation lands were upheld in Kimball v Callahan. The Tribes,
since the mid 1970's, have been working diligently to protect the viability of
these rights.
Despite
tireless work on behalf of the Tribes to stem the decline of those fish,
wildlife and plant resources on which they relied for subsistence, the habitat
destructive practices of the United States Forest Service and wildlife
decimating policies of the State of Oregon have nearly wiped out the fish, deer
and wocus a water lily the seeds of which were a staple for the Tribes. In the
1960's when the State assumed management of the wildlife the mule deer were
estimated to be at 60 deer per square mile. Today the are below 4 per square
mile. The fisheries upon which the Tribes primarily relied the c'wam and qupto
(two succulent mullet that exist in only one other place in the world) have been
reduced to listing on the federal endangered species list. The wocus beds have
been reduced to a fraction (less than 10%) of their former range as the wetlands
throughout the Klamath basin are drained and water diverted for agriculture.
One of the parcels acquired by the
As
soon as it saw the result in the Adair case, the State of
Throughout
all of this the Tribes persisted in their quest for the reversal of termination,
continuously seeking the restoration of the government-to-government status
unilaterally taken from them in the 1950's. They worked with their own people,
congressional leaders, state and local community representatives, and anyone
else who would listen. They were told frequently that despite the fact that
other tribes subjected to termination had been and would be restored, there
would be no restoration for the Klamath’s. Ironically, the reason was because
they had been "paid" for their reservation, the outrageous injustice
of their treatment being completely obscured by the seemingly large amounts of
money distributed and the huge losses of their resources and culture completely
eclipsed by the processes that stripped them of their heritage. But through the
leadership and vision of the Klamath people and the assistance of a few
congressional leaders, the Klamath Restoration Act was adopted into law in 1986.
Restoration of the Tribes to the great circle of recognized tribes in
Rebuilding their lives,
their government, their community and their economy
NARF
attorneys are working with the Tribes to define both the meaning and the methods
for achieving economic self-sufficiency. This includes a plan for the return of
former reservation lands held by the federal government within the boundaries of
the pre-termination reservation. The federal government presently holds as
Since
the federal government has assumed management of the Klamath’s' former lands,
they have been so poorly managed that the Tribes' were forced to sue the United
States Forest Service to get a declaration that the Forest Service needed to
take into account the Tribes adjudicated rights when making forest management
decisions that could effect those rights. After winning that case in federal
court the Tribes and the Forest Service entered into a Memorandum of Agreement
concerning future management.
In
like manner the Tribes have consistently struggled with the State of
The Tribes now see a land and its related resources nearly decimated. The
Klamath’s seek return of these lands primarily for the purpose of healing the
land and its resources and restoring them to some semblance of the abundance
they once reflected. They also seek to restore the spiritual integrity of the
land. The culmination of "restoration" in its full sense is the
healing of the land, its related resources, and the people, both Indian and
non-Indian.
The
goals of the Klamath people are simple and reflective of those to which most
communities aspire. The Klamath people wish to be self-sufficient. Their concept
of self-sufficiency takes them back to earlier times when they experienced no
dependence on any federal, state or local non-tribal government or any other
outside institutions. It recalls the time both before the invading Europeans
arrived and again before the disastrous policy of termination was visited upon
them. It incorporates the concept of tribal independence to provide for the
social, economic, cultural, and spiritual well-being of all of its citizens. It
is the fundamental notion of tribal self-determination. The Klamath’s have
never and do not now wish to participate in federal welfare dependency. They
want the ability and resources to provide for their own people, consistent with
their cultural norms and lifeways.
The Tribes and their citizens seek the wherewithal to achieve these goals from the very same resources that formed the foundation of their earlier ability to provide for their well-being and development. And in that quest they seek some measure of justice for the imposition of past wrongs and inequities. In the simplest terms, the Klamath people want the chance to restore their former lands and related resources.
They want their way of life back.
Copyright
© 1999 - 2001 Klamath Tribes All Rights Reserved
Problems?/Earthe
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