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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Dec. 7, 1982)
December 7, 1$82 Page 5 Seeking Miss W.S. The Miss Warm Springs Pageant is special this year because it will be the selection of the 10th Miss Warm Springs. The pageant has been scheduled for Tuesday, December 28, at the Agency Longhouse. It could be the opportunity of a lifetime for the young woman who is chosen to represent the Tribe throughout 1983. Past Miss Warm Springs’ have said that the experience was enriching and a time of personal growth and awareness for them. Young women from 18-25 are Springs girls, judging of the con testants and presentations. ~ It is said that, as Miss Warm Springs, you will learn, you will teach and share, you will have lots of fun and make many new friends during your reign. And it is an honor. To be eligible, contestants must be 18 to 25 years of age. She must never have been married or have dependents. She must be a member of the Confederated Tribes of Warm Springs and have lived on the reservation for at one year. ,,, , . Contestants wiH be yudged ofi tfon form ànd tS ‘begin making > their appearance, poise* and p ec -‘ . preparations for the December 28 sonality, and a 3 to 5yjnm u0, • pageant.. Só far, only four con-j ;W ent preseiUation. The talerit 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). During 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 (6 Indian land. First . is 'the so-callled“forced” fee patent clairns; whereby a fee patent was issued to an Indian ffor this allotment? without ¿t$$S, UKft¥tdU8L i making an appfidatioh 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 Without 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 that they crossed. The Justice Department has indicated that it would pot pursue those claims where there was no evidence f>f significant damages. ' f ' A review Of these claims indicated^ that in most cases' the benefits conferred by the road substantially offsetany 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 P09-144-003 P09-144-004 PO9-1444)05 PO9 144-006 PO9-144-007 P09-144-008 P09-144-009 P09-144-010 PO9-,^44-011 WARM case 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-JH B Trespass Indian Quetawker Burns Allot 3 1 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-KHD Trespass Indian Johnnie Burns 54 Road Right of Way TP'-KHD Trcsnas^ Burns-Crow Camp Road (Rye Grass Lape) Right p()V,ay. : 5» N u m b e r ■ tyre c G d E general type J descripti <> i ^ < ^ < tiave Signe«teap. I '2 W . * I f b y lL < SpP' tRtervx:v,s Warm Springs girls. Many have worked hard to make the evening special. Dinner will be served at 6 p.m. On the agenda is a farewell speech and dance of the outgoing Miss Warm Springs, Lyda Scott, a few words form each of the former Miss Warm Springs’, dan cing by all the Little Miss Warm have a 3 to 5 minute speech presentation of herself. Applicatin forms may be pick ed up at the Tribal Council office, at the Culture and Heritage Pro gram office, from Aurolyn Eagle Speaker in accounting or at the Personnel office. Deadline for ap plications is December 24. ings’ and to all thè Little Miss,'1 Wfth ?'the judges. S h e w lJ ¿Iso -16 - R f I F - Àb^lsienéd R, PO9-145-014 Î P - K HD Trespass B-220 Road Right of Waÿ PO9-145-0I5 TP-KHD Trespass M-312 Road Right of Way PO9-I.45-0I6 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 l-FFP Title Claim Forced Fee Patent Thomas Gerand Allot No. 635 i i 'p p o Ï - Î S a.im rF ° rCed Fee Patent-J ames Scott Allot No. 120 P n o ' m a Î S a T Î f d 5 t C S 2- £ orce1 Fee Patent-Frank Bennett Allot No. 640 P°X‘ ” ¿-026 T l-FFP Title Claim Forced Fee Patent-Annie Smith Allot No. 356 1454)27 TP-BDS Tre.spass Dan Macy Trespass, . CASE NUMBER TYPE CODE GENERAL TYPE DESCRIPTION PO9-149-001 Tl-RSU Title Claim Laura VanPelt-Allotment Sold W /O Bureau Approval PO9-149-002 TI-FFP Title Claim Indian Mary-Improper Sale of Trust Land There was this neW bride who decided to put a piece of her wedding cake under her pillow for good luck. But the only thing she woke up with the next morning was a crumb. Y1KES SUBSCRIPTION TO SPILYAYTYMOO SEND SUBCRIPTION TO SS SS SS There, was this bride-to-be who received a package with a note which read: “Wear this on your wedding night and you’ll knock him off Of his feet.” The bride to be searched through the tissue paper and found nothing.” YIKES SS SS SS CONFUCIUS SAY: “Some men, like alarm clock,...always wound up up at bed-time!” YIKES SPILYAY TYMOO P.O. Box 735 WARM SPRINGS^ OB 97761 NAME__________ ___________________________________ ADDRESS C IT Y _— g---- | _ STATE.______ ZIP SS SS SS Saturday night is when all the girls sow their wild oats, and on Sunday they pny like heck for crop failure. YIKES SS SS SS SUBSCRIPTION RATES: ONE YEAR $6.00 All Warm Springs tribal members will receive the Spilyay Tymoo at no cost. Spilyay Tymoo is published bi-weekly by the Confederated Tribes of Warm Springs.