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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Dec. 17, 1982)
December 17, 1982 Page 5 Public Notice BOUNTIOUS BAZAAR Hundreds o f shoppers attended the 8th annual Christmas Bazaar held at the Community Center December 11. Various arts and crafts ranging from needle work to baked goods, from beadwork to lapidary items were displayed by local and not-so-local artists and craftsmen fo r sale to those who were trying to get a jump on the Christmas rush. Spilyay Tymoo photo by Behrend ^ , KEsToe- Ness tf/, « There was this little boy who went into the Church to pray. The Minister of the Church said. “It’s good to see vou here.” The kid. “my dad said no on the 10-speed for Christmas, so I’, going over his head.” YIKES SS SS SS As the Christmas chimes could be heard over the loud speaker from the church across town one night, the neighbor’s dog was howling at the top of his voice in every imaginable sound. The guy told his wife, “The least they could do is have him tuned.” YIKES SS SS SS CONFUCIUS SAY: “Girl who play boy friend for sucker around Christmas time find only run in Christmas stocking!” YIKES SS SS SS There was this guy who was getting the results of his holiday season employment application. The interviewer told him, “Yes, you do have all the qualifications for the job, but I’m sorry to say we only hire elves for this jo b .” YIKES SS SS SS The Portland Area Office of the Bureau of The other type of claim occurred when the Indian affairs announced that the United trust title to an allotment was conveyed in fee States will not initiate litigation to recover without the consent of all Indian heirs of the money damages for several types of claims for allottee. These are known as “Secretarial which litigation will shortly be barred by the T-ansfer” or “Sale W ithout Full Consent” Federal Statute of Limitations (28 U.S.C. claims. On August 20,1979, it was determined 2415). D uring the past several years that the United States would not initiate numerous potential claims involving the litigation to recover past damages for this acquistion of “forced” fee patented title from type of claim. Indian allottees and unapproved rights of way The Bureau has identified many roads on over Indian land were uncovered and several Indian Reservations which were investigated. The Statute of Limitations established without a right of way first being barring these claims has been extended . acquired in accordance with the Federal laws several times. It now prohibits the United governing Indian lands. These roads often States from initiating litigation to recover provided the only means of access to Indian pre-1966 damages on behalf of Indian properties and the majority of the rights of claimants after December 31, 1982. way were found to increase the value of the Two categories of claims involve the land th at they crossed. The Justice acquisition of valid title to Indian land. First Department has indicated that it would not is the so-callled “forced” fee patent claims pursue those claims where there was no , whereby a fee patent was issued to an Indian evidence of significant damages. A review of these claims indicated that in for his allotment without that individual making an application or consenting to its most cases the benefits conferred by the road issuance. substantially offset any damage caused by the The Department of Justice has indicated road. This resulted in nearly all of the road that in ‘’forced” fee cases the recovery of right of way cases being dismissed form the damages is merely ancillary to the claim to Statue of Limitations program. The Bureau establish Indian title to the land. Under such of Indian Affairs officials have been directed circumstances it has been determinted that it to cure the problem by seeking to validate the would be inequitable to initiate litigation to fights of way under Bureau regulations. recover both title and damages and, if Those regulations require Indian consent to damages were awarded, the award would be the issuance of rights of way in most minimal. circumstances. A listing of the Forced Fee, Secretarial Due to a likelihood that substantial damagaes could not be recovered in these Transfer, Right-of-Way and miscellaneous cases, litigation to recover damages will not Statue of Limitations damage claims for the be requested. However, all claims to establish Warm Springs Indian Reservation and the Indian title will be reviewed and evaluated to Burns Public Domain Allotments which have determine whether the United States should been dismissed follows. If you have any request litigation seeking to confirm the questions, please contact the Superintendent Indian title to the land. Such litigation is not at the Warm Springs Agency, PO Box B, Warm Springs, OR 97761. barred by the Statue of Limitations. BURNS CASE NUMBER TYPE CODE GENERAL TYPE DESCRIPTION P09-144-003 TP-JHB Trespass Indian Beaver Burns Allot 14 Road R /W Claim PO 9-144-004 TP-JHB Trespass Jim Gill Burns Allot 20 Road R /W Claim P09-I44-005 TP-JHB Trespass Indian Quetawker Burns Allot 31 Lower Harney Rd. R /W PO9 144-006 TP-JHB Trespass Humpy Oits Burns Allot 36 Lower Harney Rd. R /W P09-144-007 TP-JHB .Trespass Rosie Washington Burns Allot 76 Lower Harney Rd. R /W P09-144-008 TP-JHB'Trespass Billy Washington Burns Allot 77 Lower Harney Rd. R /W P09-144-009 TP-JHB Trespass Road Right of Way Susie Pete Burns Allot No. 104 P09-144-010 TP-KHD Trespass Indian Johnnie Burns 54 Road Right of Way PO9-144-011 TP-KHD Trespass Burns-Crow Camp Road (Rye Grass Lane) Right of Way WARM SPRINGS CASE NUMBER TYPE CODE GENERAL TYPE DESCRIPTION PO9- 145-010 TP-KHD Trespass W-300 Road Right of Way PO9- 145-011 TP-KHD Trespass W-108 Road Right of Way PO9- 145-012 TP-KHD Trespass Sec. 16-R11E-T6S Abandoned Road Right of Way PO9- 145-013 TP-KHD Trespass Route 11 Extension Road Right of Way PO9- 145-014 TP-KHD Trespass B-220 Road Right of Way PO9- 145-015 TP-KHD Trespass M-312 Road Right of Way PO9- 145-016 TP-KHD Trespass P215 Road Right of Way PO9- 145-016 TP-KHD Trespass P-215 Road Right of Way PO9- 145-017 TP-KHD 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 TI-FFP Title Claim Forced Fee Patent Thomas Gerand Allot No. 635 PO9- 145-024 J J ’E S SS® S aim E °rCed Fee Patent-Ja mes Scott Allot No. 120 PO9- 145-025 PP J ig ? Claim Forced Fee Patent-Frank Bennett Allot No. 640 PO9- 145-026 J J ' P P P , “ Pe Claim Forced Fee Patent-Annie Smith Allot No. 356 PO9- 145-027 TP-BDS Trespass Dan Macy Trespass CASE NUMBER TYPE CODE GENERAL TYPE DESCRIPTION PO9-149-001 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 This time o f the year everything around the White House is right with the Christmas season. The tree is decorated with bright lights and all the trimmings. There is only thing wrong, they just can’t seem to find any wise man!” YIKES SS SS SS A pretty young lass sat at the desk of the department store gift advisor. He tells her, “I think, miss, that if he has you, its already more than any man could ever want. . . . ” YIKES SUBSCRIPTION TO SPILYAY TYMOO SEND SUBCRIPTION TO SPILYAY TYMOO P.O. Box 735 WARM SPRINGS, OR 97761 NAME SS SS SS ADDRESS Man is a creature who buys football tickets three months in advance, but waits until Christmas eve to do his Christmas shopping. YIKES C ITY____ SS SS SS A good Architect can make an old house look a lot better just by discussing the cost of a new one. YIKES STATE ZIP SUBSCRIPTION RATES: ONE YEAR $6.00 All Warm Springs tribal^nembers will receive the Spilyay Tymoo at no cost. Spilyay Tymoo is published bi-weekly by the Confederated Tribes of Warm Springs.
