Response

Klamath Tribal Lands
Comment
Given the special emphasis on Klamath Tribal Rights and upon the well-being of tribal members, detailed
surveys to determine wants and needs would seem justified. Particularly, since much of the Forest
management direction is targeted towards improving their economic and social condition, surveys
should be planned as a part of the monitoring effort. In the absence of specific, survey type data it will
not be possible to determine whether social goals of the Forest Plan are being met.
Response
The Forest gives consideration to the social and economic impacts of our activities on all affected
publics, not exclusively the Klamath Tribe. Tribal desires have been expressed during the development
of the forest plan and the Tribe will also be contacted during project level planning. We do not believe
a detailed survey is needed.
Comment
Draft Environmental Impact Statement states in several places that Klamath Tribal members have a
treaty right to hunt. There is no mention of hunting rights in the 1864 Treaty.
Response
This is true. The treaty only refers specifically to fishing and gathering. However, rulings of the U.S.
District Court of Oregon and the Ninth Circuit Court of Appeals interpreted the treaty to include hunting
[Kimball v. Callahan, 493 F. 2d 564, 566 (9th Cir.1974) cert. denied, 419 U.S. 1019 (1974)]. The Consent
Decree of 1981 spells out responsibilities of the Klamath Tribe, the State of Oregon, and the United
States of America in the management of fish and wildlife resources on former reservation lands.
Comment
Cultural resources needs to be addressed more completely, which includes everything from more
staffing and funding to educational displays that explain the historical and cultural activities that have
and are taking place on the Forest. There are a lot of interesting cultural and historical events about
this area and the Forest really should promote these events so that people can develop a greater
appreciation for Klamath county and the Winema National Forest.
Response
The Forestwide Standards and Guidelines (see Chapter 4 of the Final Forest Plan) for Cultural Resources
provide extensive direction for management of cultural resources. This direction, which has been revised,
allows for the interpretation of suitable cultural resources for the benefit of the public.
Comment
Food collecting activities of the Klamath Tribe should be clearly limited on RNAs to the non-destructive
collection of seeds and berries. Collection of bulbs and other plant parts that are destructive to the
botanical resources of the RNA should be prohibited to Indians, as well as others.
Response
Gathering is specifically identified in the October 14, 1864 Treaty (see Appendix D of the Final Forest
Plan) and in the 1986 Restoration Act, 25 USC Section 566 which states: Gathering edible roots, seeds,
and berries within the limits of the Reservation.' Gathering rights apply to all former reservation lands
and cannot be taken away through an administration designation by the Forest Service. The standards
and guidelines state that destructive gathering will not be encouraged. Implementation plans for each
RNA will address site specific coordination needs with the Tribe.
Comment
The Winema National Forest is the product of two additional Major Acts of Congress. This puts the
Winema in the unique position of having the general direction of the 1976 act requiring the preparation
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