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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Nov. 19, 1982)
November 19,1982 Page 5 Spllyay Tymoo Indian News Notes SECRETARY WATT ANNOUNCES WATER POLICIES IN SALT LAKE SPEECH: Addressing the National Water Resources Association in Salt Lake City, October 26, Interior Secretary James W att made four statements of Reagan Administration policy before announcing ten new water projects proposed for funding in 1983. One of the projects Was a hydroelectric project on the Colorado River Reservation. On water rights. W att said “It is our policy to recognize state primacy in water resources and to abide by state law and state procedures in all aspects of water management unless otherwise expressly directed by the Congress.” About Indian water rights, he said, “we have taken positive steps to encourage negotiated settlements as a way to end uncertainity in this area. Settlement of Papago Indian water claims is a good example. The President converted what could have been a significant problem into a resounding victory for negotiations as a means to timely settlement.” Other policy statements were: “It is the policy of this Administration to tailor federal rules and regulations to recognize the unique character of state law. . .It is the policy of this Adminsitration that water resources development be a shared responsibility featuring new partnerships with non-federal entities...It is the policy of this Administration to participate as partners with the non-federal sector in building ecnomically and environmentally sound water projects.” NATIONAL JOURNAL REPORT ON INDIAN WATER ISSUES QUOTES INTERIOR OFFICIALS: A report in the National Journal (October 30, 1982) on “Indian Water Rights Clouding Plans for the West’s Economic Development” quotes several Interior Department officials. William H om , deputy undersecretary recently named as the Administration’s chief negotiator on Indian water disputes, said of the Administration’s commitment to settle claims through negotiation rather than litigation, “that is the cost-efficient way to go about it. It saves all of us time and effort in court......... It eliminates uncertainty and permits a lot of mutually beneficial water development projects to proceed. And of course it makes a contribution to the social climate by limiting genuine conflict and controversery between tribes and other water users in water-short areas.” Larry Jensen, associate solicitor for Indian affairs, commented on charges that the tribes suffer from governmental conflicts of interest. “I think of lot of the conflict-of-interest talk that you get arises out of situations where we as trustee, without considering any other non-Indian problems or interests in the department, just see things differently than the tribe itself. We think in that instance our responsibility is one of exercising our independent judgement. That is not always satisfactory to the tribe.” Assistant Secretary for Indian affairs Ken Smith said: “I feel very strongly that you’ve got to be able to quantify, and once you quantify, you’ve got to start using that water because that water is very valuable. If you don’t quantify.. .then someone else is going to use it, upstream or downstream. And when the reservation.. .tries to take th at water away, they’re going to get a lot of people mad.” BIA ANNOUNCED MEETINGS ON PROPOSED SCHOOL CLOSINGS: Meetings to discuss the proposed closings of the Concho School, in Oklahoma, and Wahpeton in North Dakota have been announced by the Bureau of Indian Affairs. On December 6, Dr. James Martin of the BIA’s Indian Education office will meet with the Concho school board at the school, to be followed on December 7 by a meeting in Oklahoma City with parents of students, tribal leaders, community leaders and others. Martin will meet with the Wahpeton school board December 9 and with parents, tribal leaders and others on the 10th. Both of these meetings will be in Aberdeen, South Dakota. Notice of these meetings is being published in the Federal Register and mailed to parents and others. For further information about the meetings call Dr. Martin at 202/ 343-4234. X „ ,aToe Ness > Public Notice The Portland Area Office of the Bureau of Indian affairs announced that the United States will not initiate litigation to recover money damages for several types of claims for which litigation will shortly be barred by the Federal Statute of Limitations (28 U.S.C. '2415). D uring the past several years numerous potential claims involving the acquistion of “forced” fee patented title from Indian allottees and unapproved rights of way over Indian land were uncovered and investigated. The Statute of Limitations barring these claims has been extended several times. It now prohibits the United States from initiating litigation to recover pre-1966 damages on behalf of Indian claimants after December 31, 1982. Two categories of claims involve the acquisition of valid title to Indian land. First is the so-callled “forced” fee patent claims whereby a fee patent was issued to an Indian for his allotment without that individual making an application or consenting to its issuance. The Department of Justice has indicated that in ‘’forced” fee cases the recovery of damages is merely ancillary to the claim to establish Indian title to the land. Under such circumstances it has been determinted that it would be inequitable to initiate litigation to recover both title and damages and, if damages were awarded, the award would be minimal. Due to a likelihood that substantial damagaes could not be recovered in these cases, litigation to recover damages will not be requested. However, all claims to establish Indian title will be reviewed and evaluated to determine, whether the United States should request litigation seeking to confirm the Indian title to the land. Such litigation is not barred by the Statue of Limitations. The other type of claim occurred when the trust title to an allotment was conveyed in fee without the consent of all Indian heirs of the allottee. These are known as “Secretarial Transfer” or “Sale W ithout Full Consent” claims. On August 20,1979, it was determined that the United States would not initiate litigation to recover past damages for this type of claim. The Bureau has identified many roads on several Indian Reservations which were established without a right of way first being acquired in accordance with the Federal laws governing Indian lands. These roads often provided the only means of access to Indian properties and the majority of the rights of way were found to increase the value of the land th at they crossed. The Justice Department has indicated that it would not pursue those claims where there was no evidence of significant damages. A review of these claims indicated that in most cases the benefits conferred by the road substantially offset any damage caused by the road. This resulted in nearly all of the road right of way cases being dismissed form the Statue of Limitations program. The Bureau of Indian Affairs officials have been directed to cure the problem by seeking to validate the rights of way under Bureau regulations. Those regulations require Indian consent to the issuance of rights of way in most circumstances. A listing of the Forced Fee, Secretarial Transfer, Right-of-Way and miscellaneous Statue of Limitations damage claims for the Warm Springs Indian Reservation and the Burns Public Domain Allotments which have been dismissed follows. If you have any questions, please contact the Superintendent at the Warm Springs Agency, PO Box B, Warm Springs, OR 97761. BURNS CASE NUMBER TYPE CODE PO 9-144-003 P09-144-004 P09-144-005 PO9 144-006 P09-144-007 P09-144-008 P09-144-009 PO9-144-010 PO9-144-011 GENERAL TYPE DESCRIPTION TP-JHB Trespass Indian Beaver Burns Allot 14 Road R /W Claim TP-JHB Trespass Jim Gill Burns Allot 20 Road R /W Claim TP-JHB Trespass Indian Quetawker Burns Allot 31 Lower Harney Rd. R /W TP-JHB Trespass Humpy Oits Burns Allot 36 Lower Harney Rd. R /W TP-JHB Trespass Rosie Washington Burns Allot 76 Lower Harney Rd. R /W TP-JHB Trespass Billy Washington Burns Allot 77 Lower Harney Rd. R /W TP-JHB Trespass Road Right of Way Susie Pete Burns Allot No. 104 TP-K H D Trespass Indian Johnnie Burns 54 Road Right of Way TP-K H D Trespass Burns-Crow Camp Road (Rye Grass Lane) Right of Way WARM SPRINGS CASE NUMBER TYPE CODE GENERAL TYPE DESCRIPTION P09-145-010 TP-K H D Trespass W-300 Road Right of Way PO9-145-011 TP-K H D Trespass W-108 Road Right of Way PO9-145-012 TP-KHD Trespass Sec. 16-R1IE-T6S Abandoned Road Right of Way. PO9-145-013 TP-KHD Trespass Route 11 Extension Road Right of Way PO9-145-014 TP-K H D Trespass B-220 Road Right of Way PO9-145-0I5 TP-KHD Trespass M-312 Road Right of Way PO9-145-016 TP-KHD Trespass P215 Road Right of Way PO9-145-016 TP-K H D Trespass P-215 Road Right of Way PO9-145-017 TP-K H D Trespass P-320 Road Right of Way PO9-145-018 TP-KHD Trespass Route 241 Extension Road Right of Way PO9-145-022 T I-FFP Title Claim Forced Fee Patent-Louis Gerand-Allot No. 630 PO9-145-023 T I-FFP Title Claim Forced Fee Patent Thomas Gerand Allot No. 635 PO9-145-024 T I-FFP Title Claim Forced Fee Patent-James Scott Allot No. 120 PO9-145-025 TI-FFP Title Claim Forced Fee Patent-Frank Bennett Allot No. 640 PO9-145-026 TI-FFP Title Claim Forced Fee Patent-Annie Smith Allot No. 356 PO9-145-027 TP-BDS Trespass Dan Macy Trespass Who misses professional football? On a talk show the host said, “Since there are no more football games on Sundays, all the husbands are finding it very interesting on ‘Sacking’ their CASE NUMBER TYPE CODE GENERAL TYPE DESCRIPTION wives.” YIKES P09-149-001 TI-RSU Title Claim Laura VanPelt-Allotment Sold W /O Bureau Approval P09-149-002 TI-FFP Title Claim Indian Mary-Improper Sale of Trust Land SS SS SS The boss was sitting in his office one morning looking down and out. One of his associates said, “Come now, it can’t be all that bad, what’s the problem?” The boss said, “My wife just hired me a new secretary.” “Great, is she blonde, brunette?” “He’s bald headed!” YIKES SUBSCRIPTION TO SPILYAY TYMOO SEND SUBCRIPTION TO SPILYAY TYMOO P.O. Box 735 WARM SPRINGS, OR 97761 SS SS SS CONFUCIUS SAY: “Success give man big head. . . .also big stomach.” YIKES SS SS SS There was this guy who said that his kids are so rough on school teachers, he has to go to PTA meetings under an assumed name. YIKES SS SS SS There were these two guys talking in a bar when one said. “The early rising of my wife is very irritating, but you know the money she gets from her paper route really helps!” YIKES NAME_________ ________________________________ ______ ADDRESS____________________________________________ CITY_____________________ STATE_______ Z IP _________ SUBSCRIPTION RATES: ONE YEAR $6.00 All Warm Springs tribal members will receive the Spllyay Tymoo at no cost. Spllyay Tymoo is published bi-weekly by the Confederated Tribes of Warm Springs.
