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About Klamath tribune. (Chiloquin, Or.) 1956-1961 | View Entire Issue (Feb. 1, 1959)
February 1959 KLAMATH TRIBUNE Page 3 TERMINATION ILLUSTRATIONS CONCLUDED: 1961 iMus.-ovT i 1 4 eg 4 ..iVw IX: SALCSS APRIL 1st US. GOV'T DISTRIBUTES TO WITH-DRAWING- MEMBERS SALES of LARGE UNITS S. TAKESJI Indians CON I INUhU TITLE 1 w MARSH GET- UM BIG- PAY- OFF f SECT Y Of INT SAYS 'ALL -TERMINATED' (BY , &360 JAN. FEB. MAR. APR. MAY JUNE JULY AUG. In the Sept. and Oct. issues of the Tribune appeared illustrations by Edison Chiloquin of termination events scheduled for 1958, 1959, and 1960. Furnished above' is the final illustration of the series, de picting important events to take place in 1961. It is expected that sales of the large, sustained-yield timber units will continue into early 1961. If any of these units are not sold before April 1, 1961, under the language of sec. 28 (d) of the law, "... the Secretary of Agriculture shall publish in the Federal Register a proc lamation taking title in the name of the United States to as many of the unsold units as have, together with the Klamath Marsh lands ac quired pursuant to subsection (f) of the section, an aggregate real ization value of not to exceed $90,000,000 . . . The section adds that compensation shall be the realization value of the lands, with payment being made as soon as possible after the proclamation of the Secretary of Agriculture. It is expected that there will be relatively large dis tributions of cash to withdrawees during this period. Under subsection (f) of sec. 28 title to the Klamath Marsh is taken in the name of the United States effective April 1, 1961. The subsection adds that "such lands are designated as the Klamath Forest National Wildlife Refuge ..." and that "compensation for said taking shall be the realization value of the lands . . . Sec. 6 (b) of the act specifies that all of the actions required by sections 5 and 6 of the act (including payment to withdrawees) "shall be completed at the earliest practicable time and in no event later than seven years from the date of this Act", or no later than Aug. 13, 1961. As provided in sec. 18 (a), "Upon removal of Federal restrictions on the property of the Tribe and individual .members thereof, the Secretary shall publish in the Federal Register a proclamation declar ing that the Federal trust relationship to the affairs of the tribe and its members has terminated. Thereafter individual members of the tribe shall not be entitled to any of the services performed by the United States for Indians because of their status as Indians and, ex cept as otherwise provided in this Act, all statutes of the United States which affect Indians because of their status as Indians shall no longer be applicable to the members of the tribe, and the laws of the several States shall apply to the tribe and its members in the same manner as they apply to other citizens or persons within their jurisdiction". WITHDRAWING MEMBERS Continued PERSONAL PROPERTY Continued planned to consider extensively the question of reorganizing tirbal government. At the earlier meeting on Jan. 30 Windsor reported on the Salem church conference and on a meeting held shortly thereafter in Portland between tribal dele tes and Senator JCcubergcr. 'indsor described Xeuberger as having shown- himself quite co operative during the two-hour session although not favorably disposed to the withdrawees' loan proposal. Martin Xollar, agency superin tendent, gave follow-up informa tion on the loans as approved by the Secretary. Mr. Ahern, representing Rep resentative L'llman, was intro duced at this juncture. Earl Wilcox discussed in detail the sales program for sustained yield units, advising that it was tentatively planned to advertise the first four of these units early in March. Three more of the units would be advertised four month later, followed by the re uiaining four, four months after that The advertising period would n 9 months in each case, , he said. Wilcox also discussed the fringe sales and withdrawees' ..participation therein, the reap praisal, and the marsh and its valuation. William Hradshaw of the L. S. Xat'l Hank discussed the private trusts at length. Asked how much authority the trustee has to sell trust property,, he replied that the trustee has the authority to sell, mortgage, etc., any of the property. He added, however, that title insurance companies are not presently giving title insur ance on such property sold by the trustee, their contention being that the termination law didn't give the Secretary power to dele gate sales authority to the trustee. This question may have to be settled in court, Bradshaw said. At the conclusion, Mr. Anern gave some of his impressions of the meeting and advised that he would carry many of the ques tions discussed back td Repre sentative l'llman. suant to subsections 28 (b), 28 (d) and 28 (f) of Public Law 587, as amended, and up to 75 percent of the amount estimated by the Secretary to be due him from the conversion of his interest in other tribal property. The total of. these two amounts lias been determined to be $-M,7(X). If more than one preferential right is exercised to purchase the same property, the property shall be sold to one of such persons on the basis of com petitive sealed bids. Any member who is interested in purchasing personal property to be sold should ask 'to have copies of the sales advertisements of such property mailed to him. A member who wishes to exer cise his preferential right to pur chase items contained . in the schedules of property to be sold should indicate in writing his in terest in the purchase of such items prior to the time of the opening of bids. He uittst also be present on the sale date at the time the high bids are posted. Normally the bids will be opened at 10 ;f Xi a. m. and the amount of the high bids will be posted at 2:00 p. in. Immediately following the posting of the high bids the qualified tribal members who wish to meet one or more of the high bids will be required to make their final determinations as to whether they will execute their preferential rights. Each decision to execute a preferential right will be confirmed in writing on an approved preferential offer form. If more than one tribal member wishes to meet the high bid f r a specific item each such member will be requested to submit a sealed bid indicating the amount he will pay for the item. In such event, the item will be awarded to the member who submits the highest sealed bid. If possible, the acceptance of sealed bids will be completed on the date of the sale for those items for which more than one member exercises a preferential right. Each participating member will be notified in writing con cerning the results of such com petitive bidding.