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
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CONFUCIUS SAY: “Success give man big head. . . .also big
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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
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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
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