Becky Hyde's
letter, followed by (PRIVATE) invitation to tribal member Philip Brendale's presentation on the Klamath Basin Restoration
Agreement, and tribalism, and tribal expansion.
From:
Becky Hyde [mailto:yainix@mac.com]
Sent: Tuesday, May 20, 2008 9:38 PM
To: June Sanders; Karl Scronce; Paul Simmons;
Stephanie Roseberry; Steve Kandra; shannon peterson; John &
Jerri Hyde; John Elliott; Greg Addington; Bob Valladao; Bob
Gasser; Jim & Caren Gould; Craig Ditman; Matt & Kathy
Walthers; Mark Campbell; Andrew Stuedli; Karl Wenner; James
Honey; John Snider; Jeff Mitchell; Jacques Leslie; gusd1@earthlink.net;
gus@e-isco.com; Dean Chloe & Jana Walker; Danette Watson;
Terry Morton; Alice Kilham; Marshall Staunton; Greg Corbin;
Jim Root; Robert Kingzett; Laura Little; Glenn Barrett;
Luther Horsley; Mark Stern; Larry Dunsmoor; Bill Brown;
docandconnie Hatfield; Ed Sheets; Doug Frank; Dan Keppen;
Troy Fletcher; Allen Foreman; Craig Tucker; Trish Seiler;
Barbara Hall; John Crawford; Jenny Holmes; David King; Pat
Bushey; Mitch Stokes; Sam Henzel; Lynn Long; Steve & Carol
Koon; Perri Zepado; Joel & Laurie Brain
Subject: Re: INVITATION - Tribal member Philip
Brendale speaks on KBRA
Dear Friends, (from Becky Hyde, off-Project
ranch wife),
Just bugged by something and felt
compelled to write a note to a bunch of you.
Last week I watched the video, "Going to
Pieces: the Dismantling of the United States of America." You
may have gotten a copy of this handed to you or through the
mail over the last months or weeks. There's also a book that
goes with it. You may have also received the invitation that
is on the bottom of this email from the Basin Alliance to hear
Philip Brendale speak about the Basin settlement agreement.
I just have to call it what it is. These
are part of a coordinated strategy to dismantle the potential
for long-term agricultural stability--with water, endangered
species and power--in the Off Project and Project irrigation
communities. They are tactics based on half-truth fear about
tribes. They are made to distract people from the work we need
to be doing right now. Namely, getting the current settlement
document to meet the needs of the Off-Project community. (Like
limiting the tribal water calls, and including all off-project
water users in the power agreement under settlement.)
While we are distracted our opportunity
will go away. Then a lot people could be in significant
trouble--people who I think may not even realize it yet.
Possibly losing water in the Adjudication with no safety nets,
or subject to hard endangered species regulation not softened
by anything.
I want to continue ranching in this
basin. I want my neighbors to ranch and farm. When
sensationalists like James Buchal--invited down by the "Save
the Family Farm," and "Basin Alliance"--spread fear and panic,
it does nothing concrete to protect my families ability to
ranch in the future. It's distraction and mayhem--solutions
unfortunately are very hard and come with no flash and
glitter.
Tribal rights are like taxes--you don't
have to like them, but they are law and we have to live with
them. Sovereignty of Tribes is a cornerstone of our legal
system--it's not about to change even if a whole lot of us
don't like it. It's in the Constitution: "To regulate Commerce
with foreign Nations, and among the several States, and with
Indian Tribes." (Article 1, Section 8).
The Klamath Tribes can transfer land to
the US government "in trust." Whether we like it or not, it's
ingrained in our legal system like the right to private
property is. The Klamath Tribes have a water right from their
treaty--we don't know yet how big it will be, but it's been
upheld as dating from "time immemorial" in the Federal Adair
decision. I'm surprised on a regular bases by how many people
still do not recognize that. It is very late in the game to
not recognize that--especially if you are an irrigator.
Yes--we could spend hundreds of thousands of dollars and
re-open the Adair case with the hope that ag might prevail.
To me this is a gamble, and a last resort. In the meantime
the lands many of us own in the off project along the river
were reservation and allotments covered under this treaty, and
we are affected by the remaining treaty rights for fish and
wildlife.
We should be trying to settle this so
that when that right is quantified, it doesn't wipe out
agriculture. I need to say that again--because I really want
to make this point--we should be trying to settle this so that
when that right is quantified it doesn't wipe out agriculture.
The project irrigators obviously recognize this. Many off
project irrigators realize this as well.
Mr. Brendale will explain how the
purchase of 92,000 acres of Mazama Tree Farm will pave the way
to "an interagency trade with the U.S. Forest service for up
to 690,000 acres." Under settlement the Tribes will purchase
the land, and they can choose to put it under trust by law.
But how they will go from there to taking over all the Forest
Service land is just inflammatory and baseless. It's as if you
said that if someone buys one ranch they will be able to
leverage it to buy the entire valley.
Tribal law is complex--and the interplay
between Tribal, Federal, State and County law is even more
challenging. Leaders in this community should be focused on
important questions like how will the Tribe ensure the County
remains financially whole if lands go into trust? (Setting up
payment in lieu of taxes for example.) Or, how will
in-holdings and other access issues be addressed if the Tribes
purchase the land?
There are of course respectful ways to
approach these questions, and then there are tactics designed
to create anger and unravel the start we have toward a
potential settlement. It's good to have questions about tribal
issues--I have questions, but we should be asking them from
people who want to solve our complex issues, not just drive it
all down the drain.
We are at an important point in Basin
history. Everyone wanting to continue farming and ranching has
a chance to consider working toward settlement to create
stability in the Basin: to meet the needs of farming and
ranching while working to settle some of our complex disputes
with the fishery that unfortunately are not going away. They
just aren't. Groups like "Save the Family Farm" and the
"Basin Alliance"--despite their friendly names--try to block
this progress.
Please recognize their strategy. It goes
something like this--get people really riled up, ask them for
money and then deliver them hopping mad to some county forum.
I've watched this strategy for about ten years now. Don't fall
prey to these fear tactics. See the connection between the
video, and the Buchal and Brendal presentations and how they
try to fan unbridled anger in our community. See that this
comes out as many leaders including County Commissioners and
the Natural Resources Advisory Committee, are trying to
evaluate how to keep the door open for a solution to water,
power and endangered species issues. Get information about
tribal issues from attorneys who don't make their careers with
sensationalist speeches. Go on line and try to discern for
yourself what tribal sovereignty is and isn't. If you feel
prone to panic, panic about what the outcome of no settlement
and a large tribal in-stream water right will look like. I can
assure you that keeps me praying at night.
See that what is going on here is an
effort to sink the potential for settlement. I know we're not
there yet that this settlement has loose ends that need
attention by leaders in this community. I ask of you only to
please help frame our issues in a context of reality. Reality
gives us more than enough to deal with. I can not begin to
share with you how tired I am of these issues, and the toll I
see them taking on my family and this community. We can and
should resolve these issues, and get on with our lives in this
beautiful place. Philip Brendale and James Buchal do not
understand what is special about this place--or its history
both good and bad. We certainly shouldn't lay our future in
their hands. One sure way to "dismantle" really gut this
basin, is to follow this track.
Thanks. I'll go to bed now. Positive news
flash==Bly girls softball (Lizzie's team) 4-6 grade just beat
Lakeview. They didn't win one game all last year.
Sent: Monday, May 19, 2008 4:51:52 AM
Subject: INVITATION - Tribal member Philip Brendale
speaks on KBRA, brought to you by Basin Alliance
The Klamath Basin Alliance, Inc. invites you
to a meeting on the Klamath Basin Restoration
Agreement featuring tribal member Philip
Brendale.
MAY 27, 2008, 7:OO P.M. at Shasta View
Grange
(Corner of Shasta
Way and
Madison)
Expert in tribal law and Federal Indian
Policy (FIP), Cowlitz Tribal member Philip
Brendale, grew up on Indian reservations. As
a young man, he watched the obstacles that
tribal government placed before his
grandfather as he exercised his legal right
to transfer his allotted land to fee land.
As a result of these injustices, Philip has
studied FIP, tribal government and court
case histories for 45 years. He took the
Tribes to the United States Supreme Court
and won the Brendale case, a ruling that
gives zoning jurisdiction to counties. He
also won a district court case allowing
non-tribal members to access roads and
private properties within a closed section
of the Yakima Reservation where they had
been denied access.
Philip's wife Sandra has been an activist
for the rights of citizens for nearly 17
years. She attended school in the middle of
Indian Country and is an Eagle Forum trained
lobbyist and media expert with extensive
experience. She hosted a local TV show for
three years, IF NOT YOU…THEN WHO? She taught
others how to lobby from home and often took
viewers to lobby in person. She headed
several citizens' committees and is Yakima's
leading taxpayers' advocate.
Brendale has also mentored and advised
citizens' groups on how to prevent tribal
expansion and how it affects communities
economically and socially. Philip and Sandra
founded "Brendale Belzer, Federal Indian
Policy Trouble Shooters." He mentored
Cherokee, Elaine Willman, author of Going
to Pieces; the Dismantling of the United
States of America,
regarding tribalism and tribal law.
Administrator for the town of Hobart,
Wisconsin, Willman served as chair for CERA/Citizens
for Equal Rights, was a member of Toppenish
City Council, and a teacher in the Masters
Programs of Public and Business
Administration. With a 15 year career in
city planning and administration, she
encourages all city and county
representatives to attend Brendales'
presentation. "You must protect their
constitutional, civil and property rights
from inappropriate government decisions,
whether from federal, state, county, city or
tribal governments. Government
decision-making is a very separate issue
from respect for culture".
Philip will explain how tribal expansion,
the purchase of 92,000 acres of the Mazama
Tree Project included in the Klamath Basin
Restoration Agreement with federal funds for
the Klamath Tribes, would affect all
citizens of Klamath County.
The Tribes could place this property into
federal trust thus paving the way to an
interagency trade with the U.S. Forest
Service for up to 690,000 acres of their old
reservation which they previously sold.
Sandra will tell us what we can do about it.
The future of our community is at stake so
please join us for an interesting evening
with the Brendales. There will be an
opportunity at the conclusion of the
presentation for comments and questions.
The Klamath Basin Alliance, Inc. Frank
Wallace, Chairman
541-798-5759
541-882-6562
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Response from KBC 5/22/08 First, to all
the environmentalists, tribal members, and government
agencies who were insulted by being invited to hear
tribal member and tribal law expert Philip Brendale
speak: You weren't invited. This Basin Alliance (BA)
sponsored speaker was coming to an invite-only meeting
(because of space) for the people left out of the
Settlement Agreement, those who had no voice in their
fate, no seat at the closed-door confidential meetings,
and no vote. Someone sent this to their email lists. Not
only is there not enough room, but BA did not assume all
your mailing lists would be interested. However the
invitation has been emailed, and these fine folks at
Basin Alliance will try to accommodate whoever will fit
once the invited guests have a seat.
They do not anticipate extra
available seating.
We were reading your
letter to the editor of the Herald and News from January
2007, belittling Basin Alliance's agricultural folks
for their concerns over a tribal land return and denying
their ties to agriculture. You assured them,
"There
is no “deal on the table” to return Federal lands to the
tribes."
You were right, technically.
It would be a gift of taxpayer's money to buy
private timber land for the
Klamath Tribes
that they hope to trade for public land. It is
interesting that we all were assured by former KWUA
Executive Director Dan Keppen that, "There is
simply no chance of a "secret deal" being cut on this
matter." The Klamath commissioners assured BA that
this would not happen in secret given the public outcry.
Department of the Interior Bill Bettenberg,
as quoted by the Herald and News 10/9/03: "He said the Interior Department is not going to cut
any unilateral deals in the water issue. Any deal
made with the Tribes needs to be supported by other
interests in the Basin. 'At the end of the day, we have to have something
where the water users, the Tribes and the broader
community are all on board."
Our "broader community" had concerns and received
promises, however Tribal Leaders, farm leaders, gov't
agencies, environmentalists and a pack of attorneys spun
a "secret deal'" in closed door sessions called KBRA.
The chosen ones at the table surely figured it's for
the good of the peasants who needn't know what or why,
and screw the promises made.
Congratulations on reading and watching "Going to
Pieces; the Dismantling of the United States of
America," where Elaine Willman, of Cherokee descent, and
a videographer, visited many Indian reservations to
listen to real people afflicted by corrupt tribal
leadership. (To view the 1 hour 34 minute film
click here.or contact BA for a copy.) Many were
afraid to talk, but some spoke. Becky, that was not a
Hollywood film; it was the real thing. Again, Willman is
an Indian, but she is first an American. She believes in
equal rights for Indians with others, not superior
rights; here is part of her bio:
"Elaine D. Willman is Village Administrator for the
Village of Hobart, Wisconsin – a suburb of Green Bay,
WI.
Ms. Willman has been
pursuing a doctoral in federal Indian policy, has been
adjunct faculty in Washington State, teaching in
the Masters in Public Administration and Masters in
Business Administration fields. The Village of Hobart
is located within the boundaries of the Oneida Tribe of
Indians of Wisconsin providing Ms. Willman and the
elected officials she serves with on-the-ground
struggles defending the authority of a local general
purpose government charged with the duty to protect the
general welfare and public safety, against an aggressive
tribal government rapidly acquiring land for removal
from the local tax base, and asserting authority over
non-tribal residents within the Village of Hobart. The
economic and jurisdictional impacts of two such
co-located governments are profound."
Please don't blast Elaine and Philip until you meet
them.
Elaine represents people, not the corrupt leaders.
You accuse her of wanting to dismantle agriculture? Do
you know how she met us? KBC was giving a presentation
in Joseph, Oregon last year on effects of tribalism in
the Klamath Basin and she was sitting on the edge of her
seat listening intently. Because in 2001 when we in the
Klamath Project had no water, she said she daily watched
our website dumbfounded with what was happening to our
farmers and ranchers. She is one of us. She believes in
The People, dirt farmers like KBC, having a voice and
being informed, open meetings, honesty, and
transparency, and equal rights, not rights based on
race. We give a voice to people whose leaders want to
silence.
Elaine told us that
Philip Brendale was her mentor and a good person to
educate our community.
Philip is an enrolled member of the Cowlitz Tribe in
Western Washington. He's half Cowlitz and half
Hawaiian. As the invitation states, he is a self-taught
expert in tribal law, took on a corrupt tribal
government and won at the Supreme Court. He was
defending himself and tribal people, not the tribal
leadership. He is an American and fights for equal
rights of The People, not of the leadership supposedly
for the good of the people.
If they are frauds, why would the city of Hobart pay
Willman big bucks to be their city administrator to deal
with decimation by tribal expansion and unequal rights?
Why was she an elected city official if she was a lie?
And if they are telling the truth, shouldn't Americans
be allowed to hear their story and experiences? America
does not mean the government, behind closed doors, plans
what's best for their people, but in the case of the
KBRA, you'd never know that this happened in America.
You want to convince your friends that these Indians
will lie about tribalism, and they should listen to you
and not let them decide for themselves. Your
friends/leaders have denied the people information for
over 2 1/2 years, and still refuse to allow them to see
draft 12. They want our support before we are allowed to
see it. BA does not want your tribal and farm rulers to
decide their fate, especially in secret.
You say, "Save the Family Farm" and the "Basin
Alliance"--despite their friendly names--try to block
this progress." Allowing them to listen to
Indian tribal members (people, not rulers) is not
"blocking progress", "delivering "fear tactics" and
"fanning unbridled anger." ...it is allowing them to
know the consequences of their leaders' agendas for
them.
You warn your friends to learn about tribal
sovereignty from attorneys or online. "Get
information about tribal issues from attorneys who don't
make their careers with sensationalist speeches."
Are you referring to those friends of yours like Eugene
attorney PCFFA Glen Spain or Klamath Tribal attorney Bud
Uhlman, who make their money from suing farmers and
ranchers, then blackmail them into downsizing ag,
ripping out dams, planting fish predators in our
ditches, and giving our water rights to the Klamath
Tribes along with private land after the tribes voted to
sell it in the 50's? Does it not concern you that this
agreement says it supports the ESA and BO's, and that ag
has 2 voices in 26 and it is not a consensus? Does it
bother you that The Nature Conservancy and gov't
agencies have bought out over 100,000 acres in the Upper
Basin, there are 50,000 acres left of surface-irrigated
land, and the settlement agreement demands 30,000 acre
feet of water to be permanently taken from them with no
guarantees that they won't ask for more. You know this
has decimated the cattle industry.
Buchal, who you blame for "fear tactics', came
to explain what fish predators like lamprey will do when
planted in the Klamath Basin, or the sucker scam weapons
used against us to downsize agriculture, and he brought
facts and figures. He has won some ESA-related lawsuits.
Perhaps Philip has no doctorate, but that lowly Indian
took on the rulers and won at the Supreme Court as they
tried to strip him of his rights. He represents people,
on the ground, in the dirt, being effected by corrupt
tribal governments.
You claim, "Philip Brendale and James Buchal do not
understand what is special about this place". Where did
you learn so much about them...didn't you just learn
yesterday that Philip exists? But you threaten your
'friends' that they will "dismantle/gut this basin." Who
is using scare tactics to devalue these good folks?
Some local town governments agreed to support the settlement agreement the
evening it was presented, but many didn't really
understand it and hadn't read it. Who would possibly encourage a city
council to vote before they even read the outdated draft
that was offered, or before they got public input? Nice conquest..whatever works.
Perhaps if we had a couple hundred thousand dollar
easement with the tribes, we would blindly support the
closed door promises of our leaders. But some of us want
to be more informed than only hearing what we're told to
hear, and not just the truth according to Becky and the
tribal government and attorneys that feed off of our
people. Maybe the people will conclude that the KBRA
does not mean what it says and that it actually is the
silver bullet you say. If THEY are allowed to decide, or
even vote, now wouldn't that be called democracy?
KBC commends BA for allowing the people to hear from
a tribal member his take on their situation.
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