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
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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
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CONFUCIUS SAY: “Girl who play boy friend for sucker around
Christmas time find only run in Christmas stocking!” YIKES
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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
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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
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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____
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A good Architect can make an old house look a lot better just by
discussing the cost of a new one. YIKES
STATE
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