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.
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.
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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
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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
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Saturday night is when all the girls sow their wild oats, and on
Sunday they pny like heck for crop failure. YIKES
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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.