Rodney Michael Wright-Kenyon
Member since Sep 24, 2015
Recent Comments
Re: “Murky Waters”
I Say No to KBRA/S.133 !
https://drive.google.com/file/d/0Bz8czYA6ZXCCSzh2TUdQdmF5NVU/view
Posted by
Rodney Michael Wright-Kenyon
on 09/24/2015 at 1:01 PM
Re: “Murky Waters”
S. 133: Klamath Basin Water Recovery and Economic Restoration Act of 2015 (Introduced version) https://www.govtrack.us/congress/bills/114/s133
These bills propose to override our decisions as sovereign nations deprive our fishery of the federal protection required under law See KBRA Section 15.3.9 it asserts tribal water rights will not interfere with the Klamath Project even though therefore any attempt by a tribe to assert its rights against the river’s DE-watering would be trumped by the KBRA
Release of claims by party tribes(1)In general
Subject to paragraph (2), subsection (d), and the Agreements, but without otherwise affecting any right secured by a treaty, Executive order, or other law, the Party tribes (on behalf of the tribes and the members of the tribes) may relinquish and release certain claims against the United States (including any Federal agencies and employees) described in sections 15.3.5.A, 15.3.6.B.i, and 15.3.7.B.i of the Restoration Agreement and, in the case of the Klamath Tribes, section 2.5 of the Upper Basin Agreement.
(2)Conditions
The relinquishments and releases under paragraph (1) shall not take force or effect until the terms described in sections 15.3.5.C, 15.3.5.D, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.7.B.iv, and 33.2.1 of the Restoration Agreement and sections 2.4 and 10 of the Upper Basin Agreement have been fulfilled.
(d)Retention of rights of party tribes
Notwithstanding subsections (a) through (c) or any other provision of this Act, the Party tribes (on behalf of the tribes and the members of the tribes) and the United States (acting as trustee for the Party tribes), shall retain—
(1)all claims and rights described in sections 15.3.5.B, 15.3.6.B.ii, and 15.3.7.B.ii of the Restoration Agreement; and(2)any other claims and rights retained by the Party Tribes in negotiations pursuant to section 15.3.5.D, 15.3.6.B.iv, and 15.3.7.B.iv of the Restoration Agreement.(g)Judicial review
Judicial review of a decision of the Secretary concerning any right or obligation under section 15.3.5.C, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, or 15.3.9 of the Restoration Agreement shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act).
Text of S. 133: Klamath Basin Water Recovery and Economic Restoration Act of 2015 (Introduced version) - https://www.govtrack.us/congress/bills/114/s133