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About Siletz news. (Siletz, Oregon) 1983-1989 | View Entire Issue (July 1, 1983)
July, 1983, Siletz, Oregon — Page 7 Native American Program Identifies Possible Claims The Siletz Tribal Council is engaged in a project with the Native American Program of Oregon Legal Services to identify any possible claims related to Indian lands which might be brought on behalf of tribal members. To prevent claims from being barred, members should contact the Siletz area office before August 1, 1983. Louise Klaila, a law student from the University of Oregon law school is researching claims during a clerkship this summer. She may be reached at the following address and telephone number: Louise Klaila NATIVE AMERICAN PROGRAM Oregon Legal Services Corporation 2328 N.W. Everett Street Portland, Oregon 97210 Types of claims which might be identified include the following: I. TRESPASS I. Agricultural Trespass ’ 2. Building or other structure in trespass ,3. Placement of dredge spoil, fill, garbage, etc. in trespass - dumping wrongfully 4. Fence or other boundary encroachment 5. Grazing trespass 6. Inundation, flooding, seepage, etc. in trespass 7. Road or highway that benefits .the tract in trespass 8. Road or highway which causes damage to the tract in trespass 9. Ditch or canal that benefits the tract in trespass 10. Ditch or canal that causes damage to the tract in trespass II. Utility line or pipeline which benefits the tract in trespass 12. Utility line or pipeline which causes damage to the tract in trespass 13. Railroad in trespass II. CONTRACT 1. Contract Breach 2. Claim for unpaid lease rentals, permit fees or ease ment consideration 3. Claim for old age assistance or other welfare payments made from trust estates III. TITLE 1. Claim to tidelands, accreted or relicted lands 2. Claim for recovery of land in trust or restricted status where prior fee patent cancelled under questionable circumstances 3. Claim for recovery of title where a fee patent or cer tificate of competency issued without application or con sent (forced fee patents) 4. Claim to trust or restricted lands condemned in state court or lost through improper mortgage foreclosure 5. Claim for recovery of trust or resrticted lands im properly designated school lands or patented as swamp lands 6. Claim for recovery of lands not relinquished on aban donment or reverter 7. Claim for recovery of trust or restricted lands sold without approval 8. Claim for recovery of IRS allotments sold by BIA without consent of all heirs (Secretarial transfers) 9. Claim for recovery of lands tax forfeited while in trust or restricted status 10. Claim for recovery of trust or restricted lands sold or distributed to the wrong heirs by a local court without jurisdiction IV. NATURAL RESOURCES 1. Wrongful water appropriation 2. Destruction of fishing sites 3. Damage to fishery resources 4. Wrongful diminuation of available game supplies 5. Damage to available wild rice or other harvestable natural growth 6. Damage to water quality 7. Gravel, fill, minerals or oil and gas removed 8. Other harvestable natural growth, including fish, removed wrongfully 9. Timber removed wrongfully 10. Wrongful taxation of land in trust or restricted status Confederated Tribes Home Improvement Program 1. INTRODUCTION The Siletz Tribe has con tracted with the federal government to administer the Housing Improvement Program for Siletz Indians. The program shall be ad m in iste re d p u rsu a n t to federal regulations and the p ro c e d u re s e s ta b lis h e d hereby. The federal regula tions governing this pro gram are set forth in 25 CFR et seq and incorporated herein by reference. Future changes in the fed e ra l regulations also are adopted here by reference. 2. PURPOSE The purpose of the Hous ing Improvement Program is to p ro v id e g r a n t a s s is ta n c e to tr ib a l members to improve their housing situations and to give them the opportunity for a decent home and a suitable living environment. 3. ELIGIBILITY Only th o se tr ib a l members who live in the tribe’s eight (8)-county ser vice area will be considered for assistance under this pro- grm. Priority will be given to families with the greatest need as determined under fed e ra l reg u latio n s and paragraph 10 herein; with the exception of category “ D ” a s sp e c ifie d in p arag rap h 8. Applicants must reside in the dwelling for which assistance is being sought. The applicant must have inadequate income and inadequate reso u rces to finance the repair, or in the case of down payments, to meet the full cost of the loan. 4. CATEGORIES Grants will be made, sub ject to availability of funds, in the following categories: — C a te g o ry A: fo r repairs to hodsing that will remain substandard; — C a te o g ry B : fo r repairs to housing that will become standard; — Category C: for down payments; — Category D: for new housing. No applicant may receive more than one grant in categories B, C and D, and up to a maximum of $2,500 in category A. The specific rules for grants under each categoy are set forth fully in 25 CRF 256.4. Key federal rules and procedures and ad ditional tribal requirements are set forth below. 5. CATEGORY “A” The purpose of Category “A” assistance is to finance repairs and additions to su b sta n d a rd housing to m a k e it s a f e r , m o re sanitary, and more liveable until such time as standard housing is available. Grants shall not exceed $2,500 for any one dwelling. If the dwelling is leased, the ap p lica n t m u st provide a s s u ra n c e s fro m th e landlord that no rent in crease will result from the repair and that the applicant will be able to continue to lease the dwelling for at least two additional years following completion of the repairs. 6. The purpose of Category equipm ent. No applicant categories B, C and D, and may receive more than one up to a maximum of $2,500 in “B” assistance is to finance category A. grant under this category. repairs and/or additions that C o n s id e ra tio n s fo r will improve housing to 12. FUNDING a s s is ta n c e u n d e r th is “ sta n d ard ” condition as Assistance is limited by category is hereby limited to funds available. The Hous defined in 25 CFR 256.2(1). elderly and handicapped Grants may not exceed ing Authority m akes no members of the Siletz Tribe. $20,000 for any one dwelling. guarantee that funds will be All c o n tra c to r b uilt- No applicant may receive granted or that successful more than one grant in this homes must contain a one- applicants will receive the y e a r w a r ra n ty a g a in s t category. maximum amount under a d e fe c ts, m a te r ia ls and In general, these grants category. are for tribal members who workmanship. 13. HOUSING AUTHORITY The applicant must hae own or are buying homes. The Housing Authority Tribal members who rent ownership of the land on shall consist of three persons from Indian owners may ap which the house is being to be appointed by the Tribal ply if they can provide built. C ouncil. T he H ousing Within sixty (60) days of assurances that they dan re Authority shall m eet as main in the dwelling for five such notice, the tribe shall necessary to review ranked additional years. The appli have the right to either applications submitted by cant must be able to show assume his/her interest in the Housing Coordinator and that no rent increase will the house or designate so result from the repair. The meone to assume his/her in make decisions thereon. The landlord must also agree in terest. If the tribe takes no Housing Authority shall en writing that, if the original action, he/she may dispose sure compliance with re- aplicant moves out, he will of the house without regard ouirements of these rules give prefemce in renting to to any restriction in this and procedures and the ap another tribal member eligi part. plicable federal regulations. ble under this program and 9. APPLICATION will notify the Housing Coor An applicant must be a 14. APPEALS Appeals from decisions of dinator of any vacancy and tribal member living in the give the Housing Authority tribe’s eight (8) county ser the Housing Authority may six months to locate another vice area and shall submit a be made to the Tribal Coun eligible tribal member to oc Home Improvement P ro cil under the rules aind pro cupy the building. gram Grant Application and cedures established thereby. provide any other informa When ’the Tribal Court is 7. CATEGORY “C” The purpose of Category tion deterined necessary by established, appeals shall be “ C” is to provide down pay the Housing Coordinator or made to that Court. The ap peals procedure established ment assistance to tribal Housing Authority. under 25 CFR 256.7 may be members to help make them 1 0 . A P P L I C A T I O N followed only after tribal ^eligible for tribal, federal or REVIEW rem edies have been ex other housing loan programs A p p lic atio n s w ill be (including bank loans or reviewed and ranked by the hausted. mortgages). Grants under Housing Coordinator within 15. IMPLEMENTATION S u ccessfu l ap p lica n ts this category will not be each ca teg o ry un d er a made unless the financing system developed by the must present for review by for the mortgagees provided Housing Authority. Factors the Housing Authority at by federal, state or tribal which shall be considered in least two bids from contrac government or a reputable ranking applications shall tors prior to awarding a con . lending institution insured include, but are not limited tract for work under “A” , “ B ” an d “ D ” . T rib a l under federal law. to, the following: members may not be paid to The applicant must show 1. Income work on their own dwellings that he has adequate income 2. Assets from grants hereunder. and other resources to meet 3. Family size the full cost of the mortgage CERTIFICATION 4. Age loan, that hs is purchasing a The foregoing ordinance 5. Employment standard dwelling as defined was adopted by the Siletz 6. Urgency of need in 25 CFR 256.2(1) and does Tribal Council on April 24, 7. Funds available not presently own or is not The Housing Coordinator 1983 and ordinance No. 82-1 presently buying any other shall be responsible for was repealed at a special dwelling. g a th e r in g in fo rm a tio n meeting in Siletz, Oegon by a No other grant may be necessary for completion of vote of 6 FOR, 1 AGAINST made for more than the the ranking process. Upon and 0 ABSTAINING. amount necessary to secure completion of the ranking the loan plus closing costs or process, the Housing Coor SILETZ TRIBAL COUNCIL By /s / Mary Fisher $5,000 whichever is LESS. No dinator shall present the list Tribal Chairperson applicant may receive more of ranked applications to the than one grant under this Housing Authority which Attest: category. shall make the final deci /s / JoAnn Miller The applicant must pro sion. Tribal Council Secretary vide evidence from the len ding institution that the loan 11. ONE-TIME ONLY Applicants may receive /s / A. Calvin Hewith will be granted and give assurances that the funds assistance only one time in BIA Superintendent - will be used for the purposes intended. The lending in stitution must also agree in writing to notify the Housing Coordinator of any an ticipated default of a tribal member and to allow the H o u sin g A u th o rity a reasonable time to locate a qualified tribal member to assume the loan prior to any foreclosure. 8. CATEGORY “D” The purpose of Category “D” assistance will provide, the financing of the construc tion of new standard housing when it is established there is no reasonable prospect that standard housing can be financed from sources other VAL RILATOS, Tribal member, graduated from Siletz High than the Housing Improve School. She is planning to attend L.B.C.C. in Albany. ment Program. Grants may not exceed Photo by Kelley Ellis $45,000 for a dwelling and
