640116
CORRESPONDENCE
FELSHAW, GEORGE M W WASH AGENCY
Forestry 339.5 Allowable Cut- Crane Creek
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
640116
Mr. R. D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
Enclosed in duplicate is Rayonier's letter of 640114, requesting an
increase of 15 million board feet in the allowable cut on the Crane
Creek Unit for the fiscal year (logging year) ending 640331. We
recommend that the requested increase be authorized.
Sincerely yours,
(Sgd) George M. Felshaw Superintendent
Enclosures
HEL-012-0428-0428
HEL-012-0427-0442
HOLTZ, R D
640114
CORRESPONDENCE
VINCENT, W L RAYONIER INC
RAYONIER INCORPORATED
Eighth and Lesee, Hoquiam, Washington Illegible
640114
Mr. George M. Felshaw, Superintendent Western Washington Agency 1620
Hewitt Avenue Everett, Washington
Dear Mr. Felshaw:
Re: Crane Creek Cutting Contract No. I-101-Ind-1902
Under terms of the above Contract and the Modification thereto
approved 591014, Rayonier is authorized to remove 50 million board feet
of timber from the Crane Creek Unit each year. The annual cut is
predicated on the Indian Service fiscal year ending 000331 each year.
Our production for the last three quarters of 630000 has been
approximately 41,000 M.b.f. After reviewing our anticipated production
for the first quarter of 1964, we request that our allowable annual cut
be increased by 15,000 M.b.f. to permit a total removal of up to 65,000
M.b.f. for the fiscal year ending 640331.
Yours very truly, RAYONIER INCORPORATED
Manager - Land Department Northwest Timber Division
WLVincent/lb
cc: Hoquiam WWA
HEL-012-0429-0429
HEL-012-0427-0442
FELSHAW, GEORGE M W WASH AGENCY
640106
CORRESPONDENCE
SKARRA, PERRY E US DOI BIA
RECEIVED 640110
IN REPLY REFER TO: Forestry 55-2-17 - 339.5 Crane Creek
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND 8, OREGON
640106
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
We have examined the logging plan by Rayonier Incorporated together
with the two memorandums from Mr. Don W. Clark to Mr. John W. Libby
covering inspection and analysis of the company's proposed 640000
operations. In your letter dated 640102, you recommend approval of the
plan.
We are pleased to learn that Rayonier is proposing logging operations
which will take advantage of the improved demand for cedar logs. Log
sales involving this species have been slow during the past two years.
In accordance with your recommendations, you may inform Rayonier
Incorporated that their 640000 logging plan for the Crane Creek Logging
Unit is hereby approved.
Sincerely yours,
(Sgd) PERRY E. SKARRA
Assistant Area Director
cc: Commissioner, Attn. Br. of Forestry w/copies memorandums and map
Hoquian Subagency
HEL-012-0430-0430
HEL-012-0427-0442
FELSHAW, GEORGE M W WASH AGENCY
631231
CORRESPONDENCE
CLARK, D W DOI BIA
John W. Libby, Forest Manager
631231
Don W. Clark, Assistant Forest Manager
640000 Logging Plans; Crane Creek Unit; Quinault Reservation
I discussed block 44 with Wilton Vincent of Rayonier today. It was
decided to divide block 44 into two blocks - allotment No. 1202 would
become block 44, and the portion of allotment No. 1145 originally
included in block 44 would become block 108. Every effort will be made
to log both allotments during 640000.
Block 108 is estimated to contain the following net volumes by
species:
Table not keyed, see original
This would make the total net volume by species for all blocks
requested for approval in 640000 as follows:
Table not keyed, see original
Average size of blocks would be reduced to 83 acres.
The grand total average and net volumes by species for the 640000
blocks, together with those approved previously (shown in Table II) is
as follows:
Table not keyed, see original
Mr. James Rose has clearly delinested the blocks you referred to in
your memorandum on both maps; Crane Creek and Taholah.
We hope the tabulations, blocks and maps now meet with your approval.
Sgd Don W. Clark Assistant Forest Manager
HEL-012-0431-0431
HEL-012-0427-0442
LIBBY, JOHN W W WASH AGENCY
631226
CORRESPONDENCE
CLARK, DON W W WASH AGENCY
631226
John W. Libby, Forest Manager
Don W. Clark, Assistant Forest Manager
1964 Logging Plans - Crane Creek Logging Unit - Quinault Reservation
We have completed our field inspection of Rayonier's logging plans
for 640000. The blocks proposed for logging have also been discussed
with their forestry and logging personnel. Data obtained from the Crane
Creek inventory was used to calculate the net volumes estimated to be
harvested from the cutting blocks, together with information obtained
from the Unit timber type map and cut-out data(#
Attached are tables showing the estimated net volumes by species.
Table I gives the acreage and net volume by species for the new cutting
blocks. Table II shows the net volumes by species for all timber that
has previously been approved for cutting, plus the volume of the
proposed blocks for 640000. The status of the logging blocks previously
approved for cutting, along with the new blocks, is shown below:
Table not keyed, see original
The company plans to log in blocks which contain predominately cedar
timber during the coming year. This is mainly for two reasons: (1) the
demand for cedar has strengthened over that experienced last year, and
(2) the company must complete salvage operations in hemlock and silver
fir stands on their own lands that were windthrown during the 621012
storm. Since cedar is the major species in the Crane Creek Unit, it is
important that this species be cut as rapidly as possible if volumes are
to be removed prior to the expiration date of the contract.
#Net volume and grade recovery by species as scaled and graded by the
Grays Harbor Log Scaling and Grading Bureau.
Table III shows the volumes and percentages by species removed from
the Unit between 611130, and 631130. Also shown in the table are the
volumes and species composition of the timber in the logging blocks
requested in the 630000 and 640000 logging plans. The cedar volumes in
the proposed 640000 plans show an increase of 11 percent over the
volumes removed during the period 1961-63, and an increase of 16 percent
over what was proposed for 1963 only. If this trend continues, all of
the blocks previously approved, but not logged, that contain heavy
volumes of cedar timber may be logged during 640000.
Log grade percentages by species have not been included with our
timber data. Two foresters from our Inventory Section transferred from
the Hoquiam staff recently, leaving us short-handed. As soon as we can
assemble this data, we will send it to you. A check of the cumulative
log grade percentages of the timber cut and removed during the past
three years reveals very little change. This trend, no doubt, will
continue at least through 640000.
The average size of all blocks submitted for approval for 640000 is
approximately 87 acres. This is somewhat less than the average size of
all blocks logged the past 4-5 years.
Several of the new blocks are located adjacent to logged-off areas.
Most are small, and in practically all instances, the cut-over areas
have been salvaged, and adequate reproduction has become established.
As a result of the salvage operations, much of the cedar slash has been
broken down and isolated in small "patches", thereby reducing the
hazard.
Block No. 44, which was previously approved, included allotments 1145
and 1202. Present plans call for cutting only allotment 1202. One of
the main reasons for this change is to prevent access to logged-over
areas from public roads (such as the Allen Road), thus minimizing
unauthorized entry on weekends and shut-down periods when company and
Bureau personnel are not around the Unit.
Rayonier continues to develop roads in the extreme western portion of
the Unit in Section 19, Township 23 North, Range 11 West, and along the
east side of the Unit in Section 36, Township 23 North, Range 11 West,
and Section 1, Township 22 North, Range 11 West.
Enclosed are three copies of the map plan, together with our
inventory data of the estimated volumes - one for your office and two
for the Area Office. It is recommended that the proposed Logging plans
for 640000, as submitted, be approved.
Sgd. Don W. Clark Assistant Forest Manager
Enclosures
TABLE I
640000 LOGGING BLOCKS - CRANE CREEK UNIT NET VOLUME BY SPECIES - MBM
Table not keyed, see original.
TABLE II
BLOCKS APPROVED PRIOR TO 640000 - CRANE CREEK UNIT NET VOLUME BY
SPECIES - MBM
Table not keyed, see original
TABLE III
VOLUMES & PERCENTAGES REMOVED - 611130 TO 631130
Table not keyed see original
VOLUMES & PERCENTAGES REQUESTED IN 630000 CUTTING PLANS
Table not keyed see original
VOLUMES & PERCENTAGES REQUESTED IN 640000 CUTTING PLANS
Table not keyed see original
CRANE CREE VICINITY
SCALE: 1" = 26
Map not keyed see original
CRANE CREEK UNIT VICINITY MAP
SCALE: 1" = 2640'
Map not keyed see original
CREEK UNIT MAP
Map not keyed, see original
HEL-012-0432-0442
HEL-012-0427-0442
LIBBY, J W W WASH AGENCY
631210
CORRESPONDENCE
SKARRA, PERRY E DOI BIA PORTLAND
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
RECEIVED
631212
UNITED STATES DEPARTMENT OF THE INTEROIOR
BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND 8, OREGON
631210
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington, D. C.
Sir:
In furtherance of our wire of 001118, enclosed is a copy of
Superintendent Felshaw's letter of 001209 advising on the present status
of the proposed use by Portland Timber and Land Holding Company of the
logging road constructed by Mayr Bros. on the Quinault Reservation.
Sincerely yours,
Illegible
Acting Area Director
Enclosure
HEL-012-0443-0444
HEL-012-0443-0445
COMM BIA
631209
CORRESPONDENCE
FELSHAW, GEORGE M W WASH AGENCY
Real Property Mgmt. Acq. and Disp. PETE, Jesse Quinault - 2075
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
631209
Mr. R. D. Holtz
Area Director, Portland, Oregon
Attention: Real Property Management
Dear Mr. Holtz:
This letter is in response to Portland Area Office teletype of
631118, concerning Portland Timber and Land Holding Company's request to
use Mayr Bros. logging road on the Quinault Reservation.
Mr. Werner Mayr advised that his company has had no contact with the
Portland Timber and Land Holding Company since their meeting and
agreement in 620000. It was agreed in 620000 that the Portland Timber
and Land Holding Company would be granted permission to use the road
upon receipt of evidence of financial responsibility and assurance of a
competent logger.
Mr. Mayr ensured this office that any competent logger with financial
stability would be allowed to use his road.
Mr. Mayr indicated that Mr. Jesse Pete is attempting to recover the
tract from Portland Timber and Land Holding Company because of possible
violation of terms of real estate contract.
Sincerely yours,
(Sgd) George M. Felshaw Superintendent
HEL-012-0445-0445
HEL-012-0444-0445
HOLTZ, R D DOI BIA PORTLAND
621115
CORRESPONDENCE
SKARRA, PERRY E DOI BIA PORTLAND
631119
WNS009-
FWA-067
EF048 WWAF FPDO 26 I-0IA
PORTLAND ORE 11-18-63 1413U
BOMMISSIONER ATTN E REESEMAN FRYER
BIA WASHINGTON DC
RE YOUR WIRE OF 631115. WESTERN WASHINGTON AGENCY AND THIS OFFICE
HAVE NOT BEEN CONTACTED BY PORTLAND TIMBER AND LAND HOLDING COMPANY
SINCE 620500. BELIEVE MATTER BECAME RESOLVED BY CIRCUMSTANCES. SEVERAL
COMPANY OFFICIALS WERE INDICTED FOR FRAUD AND SENTENCED. MAYR LOGGING
CIMPANY WAS AGREEABLE TO GRANT OF ACCESS UPON SHOWING OF RESPONSIBILITY.
SUPERINTENDENT WILL CONTACT MR. MAYR TO LEARN PRESENT STATUS OF THIS
MATTER, AND WE WILL INFORM YOU.
PERRY E SKARRA ASST AREA DIR
631115 620000
DNH 1415U
CCTN 5TH LN 1ST GP COMPANY ALSO ADS COMMISSIONER
HEL-012-0446-0446
HEL-012-0446-0446
FRYER, E R BIA DC
631113
CORRESPONDENCE
FRYER, E R BIA DOI
Real Prop. Mgmt.
Acq. & Disp.
861116
BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, WASHINGTON, D.
C. 1442201 RMR, BIA, 640000, 1861.3
ROBERT D. HOLTZ, AREA DIRECTOR BUREAU OF INDIAN AFFAIRS PORTLAND,
OREGON
REFERRING TO AREA OFFICE LETTER OF 620510, PLEASE ADVISE PRESENT
STATUS ON REQUEST BY PORTLAND TIMBER AND LAND HOLDING COMPANY FOR THIRD
PARTY PERMIT TO USE LOGGING TRUCK ROAD CONSTRUCTED BY MAYR BROTHERS ON
QUINAULT RESERVATION LANDS. SEVERAL INQUIRIES PENDING ON THIS MATTER.
(SGD) E. REESEMAN FRYER ASSISTANT COMMISSIONER JAPieper eb xxxxx 11
13 63
J.A. PIEPER REAL PROPERTY MANAGEMENT
1208 EXT. 59
631113 - 11:30 A.M.
HEL-012-0447-0447
HEL-012-0447-0447
HOLTZ, ROBERT D BIA PORTLAND
620608
CORRESPONDENCE
SCTY OF THE INTERIOR US DOI
Real Prop. Mgmt. Acq. & Disp. 4611-62 Indian
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY
WASHINGTON 25, D. C.
Dear Senator Neuberger:
We have your communication of 000514 on behalf of Mr. Carl C. Pratt,
Vice President Portland Timber and Land Holding Company, concerning the
use by his company of Mayr Brothers Logging Company's private road on
the Quinault Indian Reservation. The Portland Timber and Land Holding
Company wishes to use the road for access to a treat of land it
reportedly has purchased Mr. Pratt believes that his company has a right
to use the road under stipulations executed by the Mayr Brothers at the
time a logging road right-of-way was granted by the Department of the
Interior.
In order to facilitate the sale of timber or timbered lands on the
Quinault Indian Reservation. Mayr Brothers logging Company was required
to execute stipulations in connection with its application for a
right-of-way over Indiana lands under the terms of which the Secretary
of the Interior could grant to third parties the right to remove Indian
timber and timber from alienated lands within the boundaries of the
Reservation over Mayr Brothers' truck road. They also agreed, upon
request of the Secretary of the Interior, to issue to such third parties
a road use permit granting permission to use those portions of its truck
road, if any, crossing made within the Reservation which are owned or
controlled by Myr Brothers Logging Company. These stipulations were
obtained primarily for the benefit of the Quinault Indian and did not
create in third parties any right of use.
The stipulations provide that third party use of the logging road
shall not unreasonably interfere with use of the road by Mayr Brothers
Logging Company, and that third parties must agree to abide by
reasonable safety regulations prescribed by the Secretary and Mayr
Brothers. Third party users must also pay to Mayr Brothers a fee for
road maintenance charges proportionate to its use of the road and a fee
covering a reasonable ammortization rate for the road. There are also
requirements covering construction of cattle guards at fence crossings,
construction of road crossings, and indemnification for damage do to
lands adjacent to the right-of-way resulting from the negligence of road
users. It is also very possible that a third party user would be
required to pay for the benefit of Indian eer whose lands the road
crosses, compensation covering the mere intensive use of the
right-of-way which would result.
We have been advised that Portland Timber and Land Holding Company
has been requested to furnish corporation papers, names of officers of
the corporation, and a financial statement so that a determination can
be made of its ability to meet the obligations which it would have to
assume in connection with its use of the road, but that so far it has
failed to furnish those documents.
We feel certain that if Portland Timber and Land Holding Company
agree to the conditions required before any third party use of the road
can be made, including the posting of adequate bond negotiation of
acceptable compensation for the additional use of Indian property, and
establishing its financial ability to meet the obligations inherent in
its use, action will be take to provide for its use of the right-of-way
to the extent that such use does not interfere with Mayr Brothers' use.
We are enclosing Mr. Pratt's letter.
Sincerely,
Secretary of the Interior
Hon. Maurice B. Neuberger United States Senate Washington, D. C.
Enclosures
cc: Area Director, Portland, Oregon, for information Superintendent,
Western Washington Agency, for information Sec'y Office Sec'y Reading
File DCCO SOL LM DL EIA(4) FFSokolik: BJackson:5-24/620608
HEL-012-0448-0449
HEL-012-0448-0449
NEUBERGER, M B US SENATE
620608
CORRESPONDENCE
COMM US DOI BIA DC
Real Prop. Mgmt. Acq. & Disp. 4489-62
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON 25, D.C.
Hon. Wayne Morse United States Senate Washington 25, D. C.
Dear Senator Morse:
We have your communication of 000512 on behalf of Mr. Carl G. Pratt,
Vice President, Portland Timber and Land Holding Company, concerning the
use by his company of Mayr Brothers Logging Company's private road on
the Quinault Indian Reservation. The Portland Timber and Land Holding
Company wishes to use the road for access to the tract of land it
reportedly has purchased. Mr. Pratt believes that his company has a
right to use the road under stipulations executed by the Mayr Brothers
at the time a logging road right-of-way was granted by the Department of
the Interior.
In order to facilitate the sale of timber or timbered lands on the
Quinault Indian Reservation, Mayr Brothers Logging Company was required
to execute stipulations in connection with its application for a
right-of-way over Indian lands under the terms of which the Secretary of
the Interior could grant to third parties the right to remove Indian
timber and timber from alienated lands within the boundaries of the
reservation over Mayr Brothers' truck road. They also agreed, upon
request of the Secretary of the Interior, to issue to such third parties
a road use permit granting permission to use those portions of its truck
road, if any, crossing lands within the Reservation which are owned or
controlled by Mayr Brothers Logging Company. These stipulations were
obtained primarily for the benefit of the Quinault Indians and did not
create in third parties any right of use.
The stipulations provide that third party use of the logging road
shall not unreasonably interfere with use of the road by Mayr Brothers
Logging Company, and that third parties must agree to abide by
reasonable safety regulations prescribed by the Secretary and Mayr
Brothers. Third party users must also pay to Mayr Brothers a fee for
road maintenance charges proportionate to its use of the road and fee
covering a reasonable amortization rate for the road. There are also
requirements covering construction of cattle guards at fence crossings,
construction of road crossings, and indemnification for damage done to
lands adjacent to the right-of-way resulting from the negligence of road
users. It is also very possible that a third party user would be
required to pay for the benefit of Indians over whose lands the road
crosses, compensation covering the more intensive use of the
right-of-way which would result.
We have been advised that Portland Timber and Land Holding Company
has been requested to furnish corporation papers, names of officers of
the corporation, and a financial statement so that a determination can
be made of its ability to meet the obligations which it would have to
assume in connection with its use of the road, but that so far it has
failed to furnish those documents.
We feel certain that if Portland Timber and Land Holding Company
agrees to the conditions required before any third party use of the road
can be made, including the posting of adequate bond, negotiation of
acceptable compensation for the additional use of Indian property, and
establishing its financial ability to meet the obligations inherent in
its use, action will be taken to provide for its use of the right-of-way
to the extent that such use does not interfere with Mayr Brothers' use.
We are enclosing Mr. Pratt's letter.
Sincerely yours,
Commissioner
Enclosure
cc: Area Director, Portland, Oregon, for information, w/c incoming
Supt., Western Washington Agency, for information, w/c incoming Sec'y
Office Sec'y Reading File FFSokolik:Ray Jackson:hz 5-29/6-8-62
HEL-012-0450-0451
HEL-012-0450-0451
MORSE, W US SENATE
620514
CORRESPONDENCE
NEUBERGER, MAURINE B US SENATE
RECEIVED
620517
UNITED STATES SENATE COMMITTEE ON AGRICULTURE AND FORESTRY
620514
Honorable John A. Carver, Jr. Assistant Secretary Department of the
Interior Washington 25, D. C.
Dear John:
I am enclosing a letter from Carl G. Pratt of the Portland Timber and
Land Holding Company, dated 000507. Mr. Pratt sets forth in some detail
the problems faced by his firm in securing access across the Queets
Indian Reservation to use a road located in the Quinault Indian
Reservation.
It is my recollection that this question of access was a matter
covered by lengthy Congressional hearings both in 550000 and again in
570000.
I would like to have this matter given a very careful review, and if
it is reasonable to cooperate with Mr. Pratt in granting access across
Indian Reservations I trust that thiss will be done expeditiously.
With best wishes, I am
Sincerely yours,
Maurine B. Neuberger United States Senator
Encl. MBN:rlc
HEL-012-0452-0452
HEL-012-0452-0452
CARVER, JOHN A DOI BIA DC
620507
CORRESPONDENCE
PRATT, CARL G PORTLAND TIMBER
RECEIVED 620517
PORTLAND TIMBER & LAND HOLDING CO. 1035 1125 S. W. FIFTH AVENUE .
PORTLAND 4 OREGON
620507
Honorable Senator Maurine Neuberger United States Senate Washington
25, D. C.
Dear Sir
Some time ago this company purchased eighty acres of timber land in
Grays Harbor, State of Washington, in the Queets Indian Reservation.
The Mayr Bros. Logging Company has built a logging road within
approximately one quarter mile of our property. This road is, in its
entirety, located in the Quinault Indian Reservation. The Mayr Bros, at
the time they built this road signed a third party agreement with the
Department of the Interior. The third party agreement definitely states
that this road shall be open for removal of timber by third parties such
as our company.
When we approached Worner Mayr of Mayr Bros. Logging Co. for use of
said road, he stated that he did not feel that there was enough timber
left in that area, and that our company moving in would create
competition, which he did not want. He used every excuse in the book
since then to keep us from using said road.
We approached the Superintendent and his assistant at Everett Indian
Agency. Regarding the situation they informed us that Mayr would have
to let us use said road, but directly after, they contacted the Portland
office of Indian Affairs for guidance on this matter. We have not heard
on this matter for approximately thirty days, so yesterday we contacted
by phone the office in Portland and the assistant Real Estate officer,
Mr. Saub, informed us that the information they had passed to the
Everett office was that they saw no reason why the government would help
our company in obtaining this right of way.
We expect you have heard many of the unhappy stories about lack of
competition in the Indian Reservation and here is another example of
government officials not doing their duty as prescribed by law. We
request that you inquire into this matter immediately.
We are also writing to Senators Warren Magnuson and Henry
Honorable Senator Maurine Neuberger
Jackson, and Congressman Julia Butler Hansen of the State of
Washington, and Senator Wayne Morse of Oregon on this matter.
We might mention that the President of this Corporation is a
Washington resident, Mr. C. E. Martinson of Tacoma. Awaiting your reply
on this matter.
Very truly yours,
Portland Timber & Land Holding Co.
Carl G. Pratt, Vice-President
HEL-012-0453-0454
HEL-012-0453-0454
NEUBERGER, MAURINE US SENATE
620514
NEUBERGER, MAURINE B US SENATE
RECEIVED 620517
United States Senate COMMITTEE ON AGRICULTURE AND FORESTRY
620514
Honorable John A. Carver, Jr. Assistant Secretary Department of the
Interior Washington 25, D. C.
Dear John:
I am enclosing a letter from Carl G. Pratt of the Portland Timber and
Land Holding Company, dated 000507. Mr. Pratt sets forth in some detail
the problems faced by his firm in securing access across the Queets
Indian Reservation to use a road located in the Quinault Indian
Reservation.
It is my recollection that this question of access was a matter
covered by lengthy Congressional hearings both in 550000 and again in
570000.
I would like to have this matter given a very careful review, and if
it is reasonable to cooperate with Mr. Pratt in granting access across
Indian Reservations I trust that this will be done expeditiously.
With best wishes, I am
Sincerely yours,
Maurine
Maurine B. Neuberger United States Senator
Encl. MBN:rlc
HEL-012-0455-0455
HEL-012-0455-0457
CARVER, JOHN A DOI DC
620507
CORRESPONDENCE
PRATT, CARL G PORTLAND TIMBER
PORTLAND TIMBER & LAND HOLDING CO 1035 2128 S.W. FIFTH AVENUE
PORTLAND 4. OREGON
RECEIVED 620517
620507
Honorable Senator Maurine Neuberger United States Senate Washington
25, D. C.
Dear Sir
Some time ago this company purchased eighty acres of timber land in
Grays Harbor, State of Washington, in the Queets Indian Reservation.
The Mayr Bros. Logging Company has built a logging road within
approximately one quarter mile of our property. This road is, in its
entirety, located in the Quinault Indian Reservation. The Mayr Bros, at
the time they built this road signed a third party agreement with the
Department of the Interior. The third party agreement definitely states
that this road shall be open for removal of timber by third parties such
as our company.
When we approached Werner Mayr of Mayr Bros. Logging Co. for use of
said road, he stated that he did not feel that there was enough timber
left in that area, and that our company moving in would create
competition, which he did not want. He used every excuse in the book
since then to keep us from using said road.
We approached the Superintendent and his assistant at Everett Indian
Agency. Regarding the situation they informed us that Mayr would have
to let us use said road, but directly after, they contacted the Portland
office of Indian Affairs for guidance on this matter. We have not heard
on this matter for approximately thirty days, so yesterday we contacted
by phone the office in Portland and the assistant Real Estate officer,
Mr. Saub, informed us that the information they had passed to the
Everett office was that they saw no reason why the government whould
help our company in obtaining this right of way.
We expect you have heard many of the unhappy stories about lack of
competition in the Indian Reservation and here is another example of
government officials not doing their duty as prescribed by law. We
request that you inquire into this matter immediately.
We are also writing to Senators Warren Magnuson and Henry
Page 2
Honorable Senator Maurine Neuberger Jackson, and Congressman Julia
Butler Hansen of the State of Washington, and Senator Wayne Morse of
Oregon on this matter.
We might mention that the President of this Corporation is a
Washington resident, Mr. C. E. Martinson of Tacoma. Awaiting your reply
on this matter.
Very truly yours, Portland Timber & Land Holding Co.
Carl G. Pratt, Vice-President
HEL-012-0456-0457
HEL-012-0455-0457
NEUBERGER, MAURINE US SENATE
620510
CORRESPONDENCE
BALOGIA, B US DOI BIA
RECEIVED 620514
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620511
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Sir:
Mr. Carl G. Pratt, Vice President, Portland Timber and Land Holding
Company, in a letter of 620502, complained to Congress woman Julia
Bulter Hansen that the Portland Area Office of the Bureau of Indian
Affairs has been incooperative, and has not assisted his company in
securing a third-party permit froM Mayr Bros. Logging Company for use of
a logging truck road constructed by Mayr Bros. on lands within the
Quinault Reservation.
We are enclosing for your information a copy of Mr. Pratt's letter,
which was furnished this office; a copy of a stipulation containing
Mayr Bros.' agreement with the Bureau for future use and maintenance of
the logging road which they have constructed; and copies of
correspondence from our files related to demands of the Portland Timber
and Land Holding Company for third-party use of the referenced road.
With reference to the Mayr logging road right of way, including
"stipulation," representative of this office have discussed with Mr.
Werner Mayr the problem of third-party use. He indicates no objection
to third-party use of logging roads which he constructed on rights of
way acquired by him from the Bureau, on his own fee lands, and upon
lands of others holding their property in fee status within boundaries
of the Quinault Reservation, provided that he is assured that
third-party individuals using the right of way for removal of timber are
legitimate and discriminate operators who will stay within their own
timber boundaries when removing timber, and who will not create fire
hazards or otherwise interfere with his logging operations or those of
other operators in the area. It appears that Mr. Mayr is justified in
seeking this assurance before granting any third-party rights for use of
a road which he has constructed.
If Congressional inquiries develop as a result of Mr. Pratt's letter,
we believe reply should clearly indicate that the problem is nowise
related to the Bureau's management of Indian interests for which there
exists a trust responsibility, and that apparently Mr. Pratt has wrongly
presupposed that the Bureau has an obligation to alienated property
within reservation boundaries. The stipulation which Mr. Mayr provided
in connection with obtaining his right of way for logging roads across
Indian owned trust properties was secured by the Superintendent only to
afford protection to Indian trust interests, and to assure the
purchasers of Indian trust lands that they may be provided Bureau
assistance in obtaining third-party use of existing logging roads.
Therefore, since the Portland Timber and Land Holding Company acquired
alienated property, which had at some time in the past become alienated
through issuance of a fee patent to the Indian allottee, we fail to
recognize that the Indian Bureau is obligated, or that it has any
jurisdictional right to intercede on the subject right-of-way dispute
between Mr. Mayr's company and Mr. Pratt's company. Accordingly, Mr.
Pratt's allegation that Bureau employees are not doing their duty as
prescribed by law is in this instance completely unfounded.
We have discussed this matter with the Regional Solicitor and his
views are in accord with those which we expressed in our 620418, letter
to Superintendent Ringey.
We plan to again have representatives of Western Washington Agency
contact Mr. Mayr relative to this matter and will inform you further if
there have been recent developments that are not covered in the
correspondence which we are herewith furnishing you.
Sincerely yours, Acting Area Director Enclosures
cc: Superintendent, Western Washington Agency
HEL-012-0458-0459
HEL-012-0458-0473
COMM BIA DC
620503
CORRESPONDENCE
DECELLE, W J DOI BIA
RECEIVED 620514
Realty Ten. & Mgmt. Pndg. R/W Portland Timber & Land Holding Company
- Mayr
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620503
Portland Timber and Land Holding Company 1035 S. W. Fifth Avenue
Portland 4, Oregon
Attn: Mr. Carl G. Pratt, Vice President
Gentlemen:
This letter is a follow-up of our communication to you on 620412, in
which we promised to answer your letter of 620405, requesting this
office to take action on your behalf for third party use of the Mayr
Logging Road.
Members of this office have carefully studied the approved Mayr
Logging Road Right of Way, including the "Stipulation", and have
discussed this matter with representatives of both parties.
Representatives of the Portland Area Office have also reviewed the Right
of Way, including the "Stipulation", and have also discussed the matter
with both parties. Based on the above, it has been concluded that the
Bureau of Indian Affairs is not a party to the proceedings and does not
have the authority to take any action in your behalf.
We appreciate your problem to secure access to your property and log
it. We are sorry that we cannot assist you in the instant case.
Sincerely yours, (Sgd) W.J. DeCelle Acting Superintendent
cc: Forestry, Everett Forestry, Hoquiam Forestry, PAO Realty, PAO
Allen, Everett
CORRECTION
The preceding document(s) has been reflimed to assure legibility and
its image appears immediately hereafter.
HEL-012-0460-0462
HEL-012-0458-0473
PRATT, C G PORTLAND TIMBER & LD
620502
CORRESPONDENCE
PRATT, CARL G PORTLAND TIMBER
RECEIVED 620514
620502
Honorable Congressman Julia Butler Hansen House of Representatives
Washington 25, D. C.
Dear Madam
Some time ago this company purchased eighty acres of timber land in
Grays Harbor, State of Washington, in the Queets Indian Reservation.
The Mayr Bros. Logging Company has built a logging road within
approximately one quarter mile of our property. This road is, in its
entirety, located in the Quinault Indian Reservation. The Mayr Bros.
at the time they built this road signed a third party agreement with the
Department of the Interior. The third party agreement definetly states
that this road shall be open for removal of timber by third parties such
as our company.
When we approached Werner Mayr of Mayr Bros. Logging Co. for use of
said road, he stated that he did not feel that there was enough timber
left in that area, and that our company moving in would create
competition, which he did not want. He has used every excuse in the
book since then to keep us from using said road.
We approached the Superintendent and his assistant at Everett Indian
Agency. Regarding the situation they informed us that Mayr would have
to let us use said road, but directly after, they contacted the Portland
office of Indian Affairs for guidance on this matter. We have not heard
on this matter for approximately thirty days, so yesterday we contacted
by phone the office in Portland and the assistant Real Estate officer,
Mr. Saub, informed us that the information they had passed to the
Everett office was that they saw no reason why the government should
help our company in obtaining this right of way.
We expect you have heard many of the unhappy stories about lack of
competition in the Indian reservation and here is another example of
government officials not doing their duty as prescribed by law. We
request that you inquire into this matter immediately, or as soon as
possible as we have heard that you are doing considerable work in this
area.
We are also writing to Senators Warren Magnuson and Henry Jackson of
the State of Washington, and Senators Morse and Neuberger of Oregon on
this matter.
We might mention that the President of this Corporation is a
Washington resident, Mr. C. E. Martinson of Tacoma. Awaiting your reply
on this matter.
Very truly yours Portland Timber & Land Holding Co.
Carl G. Pratt, Vice-President
cc: Mr. Soub, Assistant Realty Officer P. O. Box 4097 Portland 8,
Oregon
Superintendent of Indian Agency Everett, Washington
HEL-012-0463-0464
HEL-012-0458-0473
HANSEN, JULIA B HOUSE OF REP
620418
CORRESPONDENCE
SAYERS, JAMES E DOI BIA
Realty Your reference: Ten. & Mgmt., Pndg. R/W Portland Timber &
Land Holding Co.
620418
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
We have reviewed your letter of 620412, with enclosed stipulation and
correspondence concerning the efforts of the Portland Timber and Land
Holding Company to secure a third-party permit from Mayr Brothers
Logging Company for use of a logging truck right of way constructed by
Mayr Brothers on lands within the Quinault Indian Reservation.
We fail to recognize obligation on the part of our Bureau to enter
into the controversy which has developed between Mr. Mayr and this
company. Notwithstanding language contained in the stipulation, this is
not a matter which concerns our Bureau, since neither Indian owned trust
lands nor Indian owned timber, under Bureau jurisdiction, are affected
by Mr. Mayr's refusal to yield use of the right of way to the Portland
Timber and Land Holding Company. The stipulation between Mr. Mayr and
the Bureau of Indian Affairs does not exist to guarantee rights of
ingress and egress to third-party interests, except when it occurs that
trust held Indian land, Indian owned timber, or timber on lands
alienated under a guarantee of access through our Bureau action are
affected.
I suggest that you inform the Portland Timber and Land Holding
Company that in the instant case, the Bureau of Indian Affairs is not a
party to the controversy and will take no action on their behalf. We
withhold other comment regarding the stipulation until we have had the
opportunity to discuss it with the Regional Solicitor's Office.
Sincerely yours, (Sgd) James E. Sayers Acting Area Director
cc: branch subject yellow chrony VLundeen:db 620418
HEL-012-0465-0465
HEL-012-0458-0473
RINGEY, CLARENCE W W WASH AGENCY
620412
CORRESPONDENCE
RINGEY, C W US DOI BIA
Realty Ten. & Mgmt. Pndg. R/W Portland Timber & Land Holding Co.,
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Indian Agency 1620 Hewitt
Avenue Everett, Washington
620412
Mr. R. D. Holtz
Area Director, Portland 8, Oregon
Attention: Realty
Dear Mr. Holtz:
Attached are two copies of a letter dated 620405, from the Portland
Timber and Land Holding Company, requesting this office to take action
on their behalf to secure third party road use permission from the Mayr
Brothers Logging Company.
The Mayr Brothers Logging Company, over the past three to four years,
has secured a 25-year road right-of-way, allotment by allotment as the
need arose, on a five-mile logging road into the central portion of the
Queets Logging Unit on the Quinault Indian Reservation, Grays Harbor
County, Washington. The Portland Timber and Land Holding Company
recently purchased an alienated tract located 1 1/4 miles east of the
Mayr road.
In a recent discussion at this office, Anthony Fernandez and Carl G.
Pratt, representing the Portland Timber and Land Holding Company,
enquired and were advised of proper procedure in securing third party
road use from Mayr and how to secure a road R/W over trust lands between
their tract and the Mayr road.
Representatives of this office then discussed the matter with Warner
Mayr. Mayr advised that he had been contacted by Pratt and Fernandez
requesting third party road use. Mayr said that he wrote a letter to
the company asking for:
(1) Corporation papers
(2) Officers of the corporation and
(3) Financial Statement.
Mayr reported that it was understood that he would consider their
application upon receipt of this information. So far, Mayr has not
received this information.
Attached are two copies of a newsletter taken from the 000412 Seattle
P. I., which involves Pratt and Fernandez and is included for
informational purposes.
Attached are two copies of 'Stipulation' which is included as a part
of the approved Mayr right-of-way. Also attached are two copies of a
blank 'Stipulation' form. Representatives of this office discussed the
'Stipulation' at considerable length with Werner Mayr. Our
representatives, with my concurrence, verbally advised Mayr (1) that the
'Stipulation' did not guarantee access to trust or alienated lands in
the area; (2) that the differences between Mayr and any third party
concerning charges for use may be submitted to the Superintendent for
decision, which could be final and binding; (3) Except for Section 9,
the Bureau of Indian Affairs is not a party to the stipulation; and (4)
that if a third party proper state court for relief.
Also attached are two copies of our letter of same date to the
Portland Timber and Land Holding Company. In order to answer this
letter, we need answers to the following questions:
1. What action can the Burea of Indian Affairs take in behalf of
Portland Timber and Land Holding Company in the instant case?
Comment: We have talked to Mayr and he said that he wouldn't
consider their application until he received certain information which
he has asked for. We believe Mayr is a reasonable man and is entirely
in his right to request this information as a basis for granting third
party use.
2. What action can the Bureau of Indian Affairs take on behalf of an
applicant who has been denied third party use?
3. Except for Section 9, is the Bureau of Indian Affairs a party to
the 'Stipulation' in regards to third party use?
We would also appreciate any suggestions which would improve the
'Stipulation'
Sincerely yours, Superintendent
HEL-012-0466-0467
HEL-012-0458-0473
HOLTZ, R D DOI BIA PORTLAND
620412
CORRESPONDENCE
VANINETTI J W WASH INDIAN AGENCY
Realty Acq and Disp. Pending R/W
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620412
Portland Timber & Land Holding Co. 1035 SW Fifth Avenue Portland, 4,
Oregon
Gentlemen:
Your letter of 620405 has been referred to our Portland office for
guidance. Upon receipt of this information we will be in position to
advise you.
We appreciate your concern for getting permission to use the Mayr
logging road.
Sincerely yours,
John Vaninetti Agency Realty Officer
cc Forestry
6 Arrested In Timber Fraud Case
Six men, five from Washington, State, were arrested yesterday by
agents of the Federal Bureau of Investigation in connection with alleged
land and timber swindles in the Pacific Northwest amounting to $156,000.
THE ARRESTS were based on a 15-count indictment issued Tuesday by a
federal grand jury in Tacoma, J.E. Milnes, s p e c i a l a g e n t in
charge of the Seattle FBI, said yesterday.
The indictment charges the six with conspiring to violate five
different federal criminal laws. Eight of the counts charge violation
of the federal stature prohibiting interstate transportation of money
obtained by fraud.
THOSE ARRESTED yesterday are:
Anthony Fernandez, 40, of 5 Tree Top Road, Kelso.
Raymond Thomas Dual, of Longview, vice president of D and M
Contracting Co., Portland.
Reuben G. Lenske, of Portland, an attorney.
Joseph P. Delay, of Spokane, an attorney.
Burl Elton Dalgliesh, formerly of Baker, Ore., a lumberman and miner.
Carl G. Pratt, an accountant employed in Portland but living in
Vancouver, Wash.
FERNANDEZ, among other things, is charged with violation of the
National Bankruptcy Act in connection with concealment of his assets and
property from a bankruptcy court. Lenske and Delay are also charged in
connection with the bankruptcy, Milnes' announcement said.
One of the alleged swindles cited by the indictment involves the
transportation of William B. Belcher, of Days Creek, Ore., across state
lines in connection with a scheme to defraud him and others of $40,000.
Another is the obtaining by fraud of a $25,000 certified check from a
Trail, B.C., bank in 580700.
A SIMILAR account accuses some of the men of violation of the law
against interstate transportation in the obtaining by fraud of $61,000
from Edwin Cone, of Eugene, Ore., in 590300. Another count mentions the
obtaining of $30,000 by fraud from a Stevenson, Skamania County, lumber
company in 590500.
Fernandez, D e l a y, Dual, Dalgliesh and P r a t t are named in
these counts.
The bankruptcy charge says that Fernandez attempted to conceal his
assets, with the aid of Lenske, in 580800, when his creditors, including
the Dickman Lumber Co., of Tacoma, obtained a $538,000 judgment against
him.
RECEIVED
620404 WESTERN WASH, INDIAN AGENCY EVERETT, WASH.
S T I P U L A T I O N
Pursuant to the application of the undersigned date 620207, for a
logging truck right-of-way across Quinault Indian Reservation lands
under the jurisdiction of the Area Director of the Portland Area Office,
Bureau of Indian Affairs, Portland, Oregon, on behalf of itself, its
successors and assigns, does hereby stipulate, covenant and agree in
consideration of the granting of the desired right-of-way as follows:
1. That it will accept the desired right-of-way grant subject to the
right of the Secretary of the Interior to permit other logging or common
carrier railroad, logging truck roads, canals, ditches, truck roads or
other projects to cross the right-of-way to be granted pursuant to said
application at such points and upon such terms as may reasonably be
determined by the Secretary of the Interior or his authorized
representatives to be necessary and equitable to all parties in
interest.
2. That Mayr Bros. Logging Co. will, as promptly as is reasonably
practicable after learning of the same, report to the Superintendent of
the Western Washington Indian Agency, or such other station as may be
designated, at the nearest telephone or by other means of communication
all fires starting in the vicinity of this right-of-way and will use its
best efforts to extinguish or cause to be extinguished, without cost to
the Bureau of Indian Affairs or the Indians, all fires starting on the
right-of-way or lands adjoining the right-of-way, the origin of which is
caused by the negligent act or omission of Mayr Bros Logging Co., its
employees or contractors,
3. That Mayr Bros Logging Co. will promptly furnish all reasonable
assistance in new and materials under the direction of the
Superintendent of the Western Washington Agency to fight fires
originating upon or adjacent to its right-of-way. If Mayr Bros Logging
Co., its employees, agents or contractors, are not legally responsible
by reason of negligent act or omission for the origin or spread of the
fire, reimbursement will be made as provided on the basis of fire
suppression cost.
4. That Mayr Bros Logging Co. will pay the United States, through
the Commissioner of Indian Affairs at Washington, D. C., on demand and
for the account of the parties entitled thereto any and all damages
sustained by the United States or the Indians during the term of said
right-of-way for which Mayr Bros Logging Co. is legally liable and which
result from any negligent act or omission to act by Mayr Bros Logging
Co., its employees, agents or contractors, in the use and occupation of
Indian lands by it hereunder or arising from fire on Indian lands,
whether originating on said lands or other lands caused by the negligent
act or omission of Mayr Bros Logging Co. its employees, agents or
contractors.
5. In the operation of the logging truck road Mayr Bros Logging Co.
shall be subject to all applicable forest laws of the State of
Washington.
6. That Mayr Bros Logging Co. will construct suitable cattle guards
at all fence crossings on reservation lands and will construct and
maintain substantial crossings safely and easily passable for any type
of vehicle upon all roads existing at the time of construction of its
logging truck road. Roads thereafter established by the authority of
the Secretary of the Interior or the Commissioner of Indian Affairs
which cross the corporation's right-of-way within the boundaries of the
reservation shall be constructed and maintained by the third parties to
whom such right is granted. In case of differences of opinion as to the
suitability of any structure required hereunder, the Secretary's
decision shall be controlling.
7. That Mayr Bros Logging Co will, to the reasonable satisfaction of
the Secretary of the Interior or his authorized representative dispose
of all slash material and any other debris resulting from the
construction and maintenance of the logging truck road.
8. The Mayr Bros Logging Co. right to use the subject truck road
shall be exclusive, except that the Secretary of the Interior may grant
to third parties the right to remove Indian timber from the Quinault
Indian Reservation and timber from alienated land within the boundaries
of the Quinault Indian Reservation over said truck road or a portion
thereof; provided that such use by third parties shall not unreasonably
interfere with the use of the road by Mayr Bros Logging Co. Mayr Bros
Logging Co. agrees, upon request of the Secretary of the Interior, to
issue to such third parties a road use permit in Q standard form
granting permission to use those portions of said truck road, if any,
crossing lands within the Quinault Indian Reservation which are owned or
controlled by Mayr Bros Logging Co.
The Secretary may prescribe reasonable safety regulations with
respect to the use of said road and all parties using said road shall
conform to said regulations and to such further safety regulations as
may reasonably be prescribed by Mayr Bros Logging Co. Indian Service
personnel shall have the right to use said truck road, including the
portions thereof crossing Mayr Bros Logging Co. owned or controlled
lands, for the purposes normally and reasonably incident to the
administration and fire protection of Indian lands within the Quinault
Indian Reservation.
9. In the event use of the subject truck road or any portion thereof
is granted to third parties as above provided, each and every such third
party shall be required to pay to Mayr Bros Logging Co. a fee for road
maintenance charges proportionate to its use or their use of said road.
Such maintenance charges shall very depending upon the status of the
land from which timber is being removed and shall be established in
accordance with the following formulae:
(a) Indian lands, including lands held in trust, lands with
restrictions on alienation and tribal lands, shall bear a fee based upon
costs of normal road repair and maintenance.
(b) Alienated or fee patented lands shall likewise bear a fee based
upon costs of normal road maintenance and repair, and shall bear an
additional fee covering a reasonable amortization rate for the road.
Such amortization rate shall be established by Mayr Bros Logging Co. and
shall reasonably coincide with charges made for similar road use under
similar circumstances in the area.
Maintenance charges, including amortization rates, shall be subject
to periodic price review and adjustment. Differences between Mayr Bros
Logging Co. and any third parties with respect to such charges may be
submitted to the Superintendent of the Western Washington Indian Agency
for arbitration, whose decisions shall be final and binding, Mayr Bros
Logging Co. may, from time to time at its discretion, allow any such
third party to perform maintenance work upon the road in lieu of all or
any part of maintenance charges required of such party.
Mayr Bros Logging Co. Inc. By Wermer Mayr (prs.)
Attest: J. Mayr Secretary
Approved
Form approved:
HEL-012-0468-0472
HEL-012-0458-0473
PORTLAND TIMBER
620405
CORRESPONDENCE
PRATT CG PORTLAND TIMBER
PORTLAND TIMBER & LAND HOLDING CO. 1035 S. W. FIFTH AVENUE PORTLAND
4, OREGON
620405
United States Department of Interior Bureau of Indian Affairs 1620
Hewitt Ave. Everett, Washington
Attention: Mr. Ringey, Superintendent
Dear Sir
Since receiving the application from Mr. Vaninetti for right of way
purposes we have been in contact by letter with the Mayr Bros. Logging
Co. regarding the use of the road for the removal of our timber. Werner
Mayr has absolutely been un-co-operative in this regard, and as far as
we are concerned he is hiding behind road usage being up to capacity.
There is no sense in going into a deep discussion on this matter for we
know we have been discriminated against by Werner Mayr and therefore ask
you to take action on this matter.
We would like to know the procedure of going through to present the
proper complaint against Mayr Bros. In this regard we would like to
know who the area director for your agency is.
Appreciating a quick reply on this matter, we are,
Sincerely yours
Portland Timber & Land Holding Co.
Illegible line Carl G. Pratt, Vice-President
HEL-012-0473-0473
HEL-012-0458-0473
RINGEY US DOI BIA
620512
CORRESPONDENCE
MORSE, WAYNE US SENATE
RECEIVED
620515
United States Senate
620512
Respectfully referred to Honorable Philleo Nash, Commissioner Bureau
of Indian Affairs Washington 25, D.C. for such consideration as the
communication herewith submitted may warrant, and for a report thereon,
in duplicate to accompany return of inclosure.
By direction of Wayne Morse
Wayne Morse
U. S. S.
RE: Mr. Carl G. Pratt, Vice President, Postland Timber and Land
Holding Company, 1035 S. W. Fifth Avenue, Portland, Oregon concerning
the fact he cannot obtain access to certain timber on a log road
constructed by a private concern. WM:ms
HEL-012-0474-0474
HEL-012-0474-0480
NASH, PHILLEO BIA DC
620512
CORRESPONDENCE
MORSE, WAYNE US SENATE
RECEIVED
620515
620512
Mr. Carl G. Pratt, Vice President Portland Timber and Land Holding
Company 1035 S. W. Fifth Avenue Portland 4, Oregon
Dear; Mr. Pratt:
This will acknowledge your letter of 000507, in which you brought to
my attention the problem you have experienced in obtaining access to
certain timber on a log road constructed by a private corporation.
I can understand your concern over this matter and in an effort to be
of assistance, I am getting in touch with the Bureau of Indian Affairs
here in Washington. I am asking for a full report on the problem you
described and when it arrives, I shall get in touch with you again.
With kindest regards,
Sincerely, Wayne Morse
WM:ms
bcc: Honorable Philleo Nash, Commissioner
HEL-012-0475-0475
HEL-012-0474-0480
PRATT, CARL G PORTLAND TIMBER
620512
CORRESPONDENCE
MORSE, WAYNE US SENATE
RECEIVED
620515
United States Senate
620512
Respectfully referred to
Honorable Philleo Nash, Commissioner Bureau of Indian Affairs
Washington 25, D. C.
for such consideration as the communication herewith submitted may
warrant, and for a report thereon, in duplicate to accompany return of
inclosure.
By direction of Wayne Morse
RE: Mr. Carl G. Pratt, Vice President, Postland Timber and Land
Holding Company, 1035 S. W. Fifth Avenue, Portland, Oregon concerning
the fact he cannot obtain access to certain timber on a log road
constructed by a private concern.
WM:ms
HEL-012-0476-0476
HEL-012-0474-0480
NASH, PHILLEO BIA DC
620512
CORRESPONDENCE
MORSE, WAYNE US SENATE
RECEIVED
620515
620512
Mr. Carl G. Pratt, Vice President Portland Timber and Land Holding
Company 1035 S. W. Fifth Avenue Portland 4, Oregon
Dear Mr. Pratt:
This will acknowledge your letter of 000507, in which you brought to
my attention the problem you have experienced in obtaining access to
certain timber on a log road constructed by a private corporation.
I can understand your concern over this matter and in an effort to be
of assistance, I am getting in touch with the Bureau of Indian Affairs
here in Washington. I am asking for a full report on the problem you
described and when it arrives, I shall get in touch with you again.
With kindest regards,
Sincerely, Wayne Morse
WM:ms
bcc: Honorable Philleo Nash, Commissioner
HEL-012-0477-0477
HEL-012-0474-0480
PRATT, CARL G PORTLAND TIMBER
620507
CORRESPONDENCE
PRATT, CARL G PORTLAND TIMBER
RECEIVED
620515
PORTLAND TIMBER & LAND HOLDING 1035 S.W. FIFTH AVENUE PORTLAND 4,
OREGON
620507
Honorable Senator Wayne Morse United States Senate Washington 25, D.
C.
Dear Sir
Some time ago this company purchased eighty acres of timber land in
Grays Harbor, State of Washington, in the Queets Indian Reservation.
The Mayr Bros. Logging Company has built a logging road within
approximately one quarter mile of our property. This road is, in its
entirety, located in the Quinault Indian Reservation. The Mayr Bros. at
the time they built this road signed a third party agreement with the
Department of the Interior. The third party agreement definitely states
that this road shall be open for removal of timber by third parties such
as our company.
When we approached Werner Mayr of Mayr Bros. Logging Co. for use of
said road, he stated that he did not feel that there was enough timber
left in that area, and that our company moving in would create
competition, which he did not want. He used every excuse in the book
since then to keep us from using said road.
We approached the Superintendent and his assistant at Everett Indian
Agency. Regarding the situation they informed us that Mayr would have
to let us use said road, but directly after, they contacted the Portland
office of Indian Affairs for guidance on this matter. We have not heard
on this matter for approximately thirty days, so yesterday we contacted
by phone the office in Portland and the assistant Real Estate officer,
Mr. Saub, informed us that the information they had passed to the
Everett office was that they saw no reason why the government should
help our company in obtaining this right of way.
We expect you have heard many of the unhappy stories about lack of
competition in the Indian Reservation and here is another example of
government officials not doing their duty as prescribed by law. We
request that you inquire into this matter immediately.
We are also writing to Senators Warren Magnuson and Henry Honorable
Senator Wayne Morse Jackson, and Congressman Julia Butler Hansen of the
State of Washington, and Senator Maurine Neuberger of Oregon on this
matter.
We might mention that the President of this Corporation is a
Washington resident, Mr. C. E. Martinson of Tacoma. Awaiting your reply
on this matter.
Very truly yours,
Portland Timber & Land Holding Co.
Carl G. Pratt, Vice-President
United States Senate COMMITTEE ON FOREIGN RELATIONS
Honorable Philleo Nash, Commissioner Bureau of Indian Affairs
Washington 25 D. C.
HEL-012-0478-0480
HEL-012-0474-0480
MORSE, WAYNE US SENATE
620510
CORRESPONDENCE
MAGNUSON, WARREN G US SENATE
RECEIVED
620514
United States Senate
620510
Respectfully referred to Department of the Interior for such
consideration as the commnunication herewith submitted may warrant, and
for a report thereon, in duplicate to accompany return of inclosure.
By direction of
WARREN G. MAGNUSON, U. S. S.
WGM:b
HEL-012-0481-0481
HEL-012-0481-0488
DOI
620510
CORRESPONDENCE
MAGNUSON, WARREN G US SENATE
RECEIVED
620514
United States Senate
620510
Respectfully referred to Department of the Interior for such
consideration as the communication herewith submitted may warrant, and
for a report thereon, in duplicate to accompany return of inclosure.
By direction of
WARREN G. MAGNUSON, U. S. S.
WGM:b
HEL-012-0482-0482
HEL-012-0481-0488
DOI
620507
CORRESPONDENCE
PRATT, CARL G PORTLAND TIMBER
RECEIVED
620514
PORTLAND TIMBER & LAND HOLDING CO 1035 S.W. FIFTH AVENUE PORTLAND 4,
OREGON
620507
Honorable Senator Warren Magnuson United States Senate Washington 25,
D. C.
Dear Sir
Some time ago this company purchased eighty acres of timber land in
Grays Harbor, State of Washington, in the Queets Indian Reservation.
The Mayr Bros. Logging Company has built a logging road within
approximately one quarter mile of our property. This road is, in its
entirety, located in the Quinault Indian Reservation. The Mayr Bros.
at the time they built this road signed a third party agreement with the
Department of the Interior. The third party agreement definitely states
that this road shall be open for removal of timber by third parties such
as our company.
When we approached Werner Mayr of Mayr Bros. Logging Co. for use of
said road, he stated that he did not feel that there was enough timber
left in that area, and that our company moving in would create
competition, which he did not want. He has used every excuse in the
book since then to keep us from using said road.
We approached the Superintendent and his assistant at Everett Indian
Agency. Regarding the situation they informed us that Mayr would have
to let us use said road, but directly after, they contacted the Portland
office of Indian Affairs for guidance on this matter. We have not heard
on this matter for approximately thirty days, so yesterday we contacted
by phone the office in Portland and the assistant Real Estate officer,
Mr. Saub, informed us that the information they had passed to the
Everett office was that they saw no reason why the government should
help our company in obtaining this right of way.
We expect you have heard many of the unhappy stories about lack of
competition in the Indian Reservation and here is another example of
government officials not doing their duty as prescribed by law. We
request that you inquire into this matter immediately.
We are also writing to Senator Henry Jackson and Congressman Julia
Butler Hansen of the state of Washington, and Senators Morse and
Honorable Senator Warren Magnuson Neuberger of Oregon on this matter.
We might mention that the President of this Corporation is a
Washington resident, Mr. C. E. Martinson of Tacoma. Awaiting your reply
on this matter.
Very Truly Yours,
Portland Timber & Land Holding Co.
Carl G. Pratt, Vice-President
HEL-012-0483-0484
HEL-012-0481-0488
MAGNUSON, WARREN US SENATE
620507
CORRESPONDENCE
PRATT, CARL G PORTLAND TIMBERS
RECEIVED
620514
PORTLAND TIMBER & LAND HOLDING CO. 1035 S.W. FIFTH AVENUE PORTLAND
4, OREGON
620507
Honorable Senator Warren Magnuson United States Senate Washington 25,
D. C.
Dear Sir
Some time ago this company purchased eighty acres of timber land in
Grays Harbor, State of Washington, in the Queets Indian R Reservation.
The Mayr Bros. Logging Company has built a logging road within
approximately one quarter mile of our property. This road is, in its
entirety, located in the Quinault Indian Reservation. The Mayr Bros.
at the time they built this road signed a third party agreement with the
Department of the Interior. The third party agreement definitely states
that this road shall be open for removal of timber by third parties such
as our company.
When we approached Werner Mayr of Mayr Bros. Logging Co. for use of
said road, he stated that he did not feel that there was enough timber
left in that area, and that our company moving in would create
competition, which he did not want. He has used every excuse in the
book since then to keep us from using said road.
We approached the Superintendent and his assistant at Everett Indian
Agency. Regarding the situation they informed us that Mayr would have
to let us use said road, but directly after, they contacted the Portland
office of Indian Affairs for guidance on this matter. We have not heard
on this matter for approximately thirty days, so yesterday we contacted
by phone the office in Portland and the assistant Real Estate officer,
Mr. Saub, informed us that the information they had passed to the
Everett office was that they saw no reason why the government should
help our company in obtaining this right of way.
We expect you have heard many of the unhappy stories about lack of
competition in the Indian Reservation and here is another example of
government officials not doing their duty as prescribed by law. We
request that you inquire into this matter immediately.
We are also writing to Senator Henry Jackson and Congressman Julia
Butler Hansen of the state of Washington, and Senators Morse and
Honorable Senator Warren Magnuson Neuberger of Oregon on this matter.
We might mention that the President of this Corporation is a
Washington resident, Mr. C. E. Martinson of Tacoma. Awaiting your reply
on this matter.
Very Truly Yours,
Portland Timber & Land Holding Co.
Carl G. Pratt, Vice-President
HEL-012-0485-0486
HEL-012-0481-0488
MAGNUSON, WARREN US SENATE
620507
CORRESPONDENCE
PRATT, CARL G PORTLAND TIMBER
RECEIVED
620515
PORTLAND TIMBER & LAND HOLDING CO. 1035 S.W. FIFTH AVENUE PORTLAND
4, OREGON
620507
Honorable Senator Wayne Morse United States Senate Washington 25, D.
C.
Dear Sir
Some time ago this company purchased eighty acres of timber land in
Grays Harbor, State of Washington, in the Queets Indian Reservation.
The Mayr Bros. Logging Company has built a logging road within
approximately one quarter mile of our property. This road is, in its
entirety, located in the Quinault Indian Reservation. The Mayr Bros. at
the time they built this road signed a third party agreement with the
Department of the Interior. The third party agreement definitely states
that this road shall be open for removal of timber by third parties such
as our company.
When we approached Werner Mayr of Mayr Bros. Logging Co. for use of
said road, he stated that he did not feel that there was enough timber
left in that area, and that our company moving in would create
competition, which he did not want. He used every excuse in the book
since then to keep us from using said road.
We approached the Superintendent and his assistant at Everett Indian
Agency. Regarding the situation they informed us that Mayr would have
to let us use said road, but directly after, they contacted the Portland
office of Indian Affairs for guidance on this matter. We have not heard
on this matter for approximately thirty days, so yesterday we contacted
by phone the office in Portland and the assistant Real Estate officer,
Mr. Saub, informed us that the information they had passed to the
Everett office was that they saw no reason why the government should
help our company in obtaining this right of way.
We expect you have heard many of the unhappy stories about lack of
competition in the Indian Reservation and here is another example of
government officials not doing their duty as prescribed by law. We
request that you inquire into this matter immediately.
We are also writing to Senators Warren Magnuson and Henry Honorable
Senator Wayne Morse Jackson, and Congressman Julia Butler Hansen of the
State of Washington and Senator Maurine Neuberger of Oregon on this
matter.
We might mention that the President of this Corporation is a
Washington resident, Mr. C. E. Martinson of Tacoma. Awaiting your reply
on this matter.
Very truly yours,
Portland Timber & Land Holding Co.
Carl G. Pratt, Vice-President
HEL-012-0487-0488
HEL-012-0481-0488
MORSE, WAYNE US SENATE
630211
CORRESPONDENCE
COMM US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Postively no papers to be added to or taken from this file, except by
an employee of the Communications and Records Unit.
Real Prop. Mgmt. Acq. & Disp. 10463-62
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Washington 25, D.C.
Mr Rex N. Whitton Federal Highway Administrator Bureau of Public
Roads Department of Commerce Washington 25, D.C.
Dear Mr. Whitton:
Your letter of 621213, references 36-10, concerns an inquiry you have
received as to the availability of public land highway funds under 23
U.S.C. 209 for the construction of a highway over certain described
lands in the State of Washington. In connection with this inquiry you
desire information on the status of these lands and advice concerning
the procedures to be followed in acquiring read rights-of-way across
them.
The lands were allocated to Indians of the Quinault Reservation and
patents were issued under the Act of 870208 (24 Stat. 388),tat. 388), as
amended, containing provisions for a 25 year trust period. Executive
Order No. 5768 of 311230, extended the trust period ust period on lands
of the Quinault Reservation for 10 years (until 410000). As this
Reservation is subject to the provisions of the Act of 340518,, 1934 (48
Stat. 984), the trust period was extended indefinitely by Section 2
thereof.
Because our records pertaining to the Quinault Reservation were
forwarded to our Portland Area on 620826, we do not have information
concerning the present status of these lands.
Rights-of-way over Indian trust property may be acquired pursuant to
Title 25, Code of Federal Regulations, Part 161. In accordance withy
those regulations, an application for a right-of-way over the lands in
question should be filed with Mr. George M. Falshaw, Superintendent,
Western Washington Agency, Bureau of Indian Affairs, 1620 Hewitt Avenue,
Everett, Washington.
Before a right-of-way may be granted under the regulations, the
consent of the Indian allottee usually must be obtained. Mr. Falshaw
will be in a position to inform the applicant of the current status of
the land as well as ownership information if the land is still held in
trust.
Sincrely yours,
(Sgd) Paul Hano Deputy Assistant Commissioner
HEL-012-0489-0490
HEL-012-0490-0492
WHITTON, REX N BUREAU OF PUBLIC ROA
621213
CORRESPONDENCE
WHITTON, REX M US DEPT OF COMMERCE
RECEIVED
621214
621213
U.S. DEPARTMENT OF COMMERCE
BUREAU OF PUBLIC ROADS WASHINGTON 25 D.C.
Mr. Philleo Nash Commissioner Bureau of Indian Affairs Department of
the Interior Washington 25, D.C.
Dear Mr. Nash:
We have received an inquiry as to whether public land highway funds
are available under 23 U.S.C. Section 209 for the construction of a
highway on the following described lands:
T. 22N., R.13W, Willamette Neridian, Washington
Section 15 El/2SW1/4 (T.P. 1063325, Quinaielt #1893)
............................. . El/2NW1/4 (T.P. 1063384, Quinaielt
#1952) ............................. . ...Section 9
.......................................................... . Lot 1
(T.P. 1063146, Quinaielt #1713) ................................. . Lot
2 (T.P. 1063646, Quinaiet #2221) .................................. .
Lot 3 (T.P. 1063177, Quinaielt #1744) .................................
. Lot 4 (T.P. 43533, Quinaielt #209)
.................................... . ...Section 4
.......................................................... . Lot 1
(T.P. 1063387), Quinaielt #1955) ................................ . Lot
2 (T.P. 1063387), Quinaielt #1955) ................................ .
Lot 3 (T.P. 1063614), Quinaielt #2189) ................................
. Lot 4 (T.P. 1063614), Quinaielt #2189)
................................ .
We understand that these trust patents were issued under section 5 of
the Act of 870208, (24 Stat. 388) as amended. Although the trust
patents appear, on their face, to extend for only 25 years, we
understand that the term of such trust has been extended indefinitely by
section 2 of the Act of 340618, (48 Stat.984). These lands would appear
to be nontaxable in view of the specific provision of sections 84.36.010
and 37.12.060, Revised Code of Washington, Annotated. In this
connection see also page v. Pierce County, 64 pac. 801 (1901);
Frazee v. Spokane County, 69 Pac. 779 (1902); and Iyall v. Yakima
County, 228 Pac. 513 (1924).
Section 101(a) of title 23, United States Code, defines "public lands
highways" as including "nontaxable Indian lands." If we are correct in
our assumption that the lands involved are nontaxable Indian lands, we
would conclude that public land highway funds are available to finance
the construction of a highway over these lands.
Since your Bureau is concerned with the Federal interest in the land
holdings of Indians under trust patents, and with the administration of
laws affecting the interests of the Indians, we would appreciate an
expression of your views as to whether you concur in our assumptions as
to the status of the lands involved and their taxability. We would also
like to know whether the Bureau of Indian Affairs would, under the law,
have to concur in a transfer of rights-of-way over these lands; and if
so, whether there would be any objection to such transfer on the part of
your Bureau.
Sincerely yours,
Rex M. Whitton Federal Highway Administrator
HEL-012-0491-0492
HEL-012-0490-0492
NASH, PHILLEO BIA DOI DC
620806
CORRESPONDENCE
HASTINGS, LUCILE A BR OF WELFARE
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
620807
Welfare 6144-62
National Congress of American Indians 1346 Connecticut Avenue, N. W.
Washington, D. C.
Gentlemen:
The enclosed letter addressed to "Mr. Forbes or Madigan" from Mr.
Leonard Lane, Jr., P. O. Box 95, Marietta, Washington, is forwarded to
your organization for appropriate handling. We have been unsuccessful
in many attempts to reach you by telephone to obtain the address of "Mr.
Forbes or Madigan" which accounts for the delay in forwarding this
correspondence.
Sincerely yours,
(Sgd) LUCILE AHNAWAKE HASTINGS Lucile Ahnawake Hastings Acting Chief,
Branch of Welfare
(ILLEGIBLE) 620806 Enclosure
HEL-012-0493-0495
HEL-012-0493-0496
NAT CONGRESS OF AMER
620710
CORRESPONDENCE
LANE, LEONARD
Brief #6144-62
Leonard Lane, Jr. P. O. Box 95 Marietta, Wash. Bellingham, Wash.
620710
To Mr.Forbes or Madigan
Writing this letter regards to Indians in this Marietta Reservation
rights. I think they should have some one to fight for them they just
like Eskimos the way they make living. Work for food. And around Lummi
area they need water. After all they payed for taxes. I think we
should do something to get water for them.
I intended to get married to the girl from here and they took the
kids away from her. And she did not signed a released the kids but they
said in Judge that they can give them away. I did not asked her. But I
asked them myself and I intended to love and support them if I can a
job. She did not have atterny. If I can a job to help them in the
office some place. And I wanted the kids myself and support them. I
think its about time you folks come up as soon as possible and talk to
those people and represent some one that can help these people. Because
I think they cant give her kids away. She's having another kid from me
that's why I'm staying here. And learned how they live.
Well that was Bellingham Const. Her name is Leona Lorenz, same
address as mine. Wish you check that for me and find out the real
reason. I know one thing. They thought she willing be drinking before,
but she's has been hurt and that she's is a change since she's been with
me. She told me she learned lesson when she gets them back that she
will be or will not do drinking because she like them.
Please let me soon when you hear from them and let me know that if
are can open hearing again to get kids back. And let me know if I can
appointed to represent the Indians. Let me know if they can take kids
away without her signed release.
Hope to hear soon.
Thanks kindly,
(Sgd.) LEONARD LANE, JR.
HEL-012-0496-0496
HEL-012-0496-0496
FORBES MADIGAN
650803
CORRESPONDENCE
US DOI BIA WA
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency 1620 Hewitt Avenue
Everett, Washington 98201
QUINAULT NEWSLETTER NO. 31
TIMBER PRODUCTION ON QUINAULT REACHES ALL-TIME HIGH
Timber production on the Quinault reached what is believed to have
been an alltime high during the past fiscal year. Production was up on
both the Crane Creek and Taholah Units. Small, short-term contracts and
Special Allotment Cutting Permits added a considerable volume.
Following is a summary of this production.
CONTRACT SALES:
"Table not keyed, see original"
In addition to the above production, there were a number of Free Use
Permits to allottees for cutting on their own allotments for their own
use. These were mostly for shakes to be cut from dead cedar.
MARKET CONDITIONS:
The log prices for all species of timber have remained steady. Only
slight changes have been noted in prices reported the second quarter of
650000 over or below those reported for the first quarter. The export
market continues to be active with approximately 43 percent of the
volume in sales reported during the during the second quarter of 650000
consigned to Japanese buyers. Sales during the second quarter of this
year on the Grays-Willapa Harbors markets reflected a greater volume of
logs than during the first quarter. Of the reported export sales,
western hemlock made up about 70 percent of the total volume, with Sitka
spruce making up about 13 percent; western redcedar, 7 percent;
Pacific silver fir, 6 percent; Douglas fir, 3 percent; and western
white pine about 1 percent. The No. 2 sawmill log grade continues to
represent the largest volume in all species sold on the export market.
NEW POLICY REGARDING PAYMENT OF FUNDS FROM IIM ACCOUNTS:
A new policy has been established in connection with payment of funds
from Individual Indian Money Accounts. Effective as of the date of this
Newsletter, there will be a delay of fifteen days after money is
deposited to an IIM Account before a check can be drawn to pay it out.
This action is necessary to allow time for money deposited to clear
through the banks and to prevent overdrafts or overpayments in the IIM
Accounts.
It is appreciated that the new procedure will create some
difficulties when it is first put into effect but once all are
accustomed to it, there should be no hardship. Your cooperation and
understanding will be appreciated by those at the Agency who are
responsible for safeguarding your money.
QUINAULT INDIANS AMEND BYLAWS:
On 650522, the Indians of the Quinault Reservation held a special
meeting and adopted a resolution to amend the Tribe's 220000 Bylaws.
The Bylaws were amended for the primary purpose of identifying its
membership and, as a result, the Tribe is now in the process of
preparing a membership roll. The membership provisions as set forth in
the Tribe's Bylaws are as follows:
"Section 1. Members: The membership of the Quinault Tribe shall be
all persons whose names appear on the official roll of the Quinault
Tribe. Any person shall be enrolled, who satisfies the tribal council
that he meets one of the following requirements, provided that such
person is not enrolled on another reservation:
(a) Blood Member: A person of at least one-quarter Quinault
(including Queets) blood.
(b) Affiliated Member: A person of at least one-quarter Quileute,
Hoh, Chehalis, Chinook or Cowlitz blood, who owns (or whose father or
mother owns) a trust interest in an allotment on the Quinault
Reservation, and who resides on the Quinault Reservation, or in
Jefferson County within ten miles of the Reservation, or in Grays Harbor
County.
The Council may by two-thirds vote approve the adoption and
enrollment as a blood or affiliated member, as the council may
designate, any person not meeting the above eligibility requirements."
SQUAXIN ISLAND TRIBE'S CONSTITUTION APPROVED:
On 650515, the Squaxin Island Tribe of the Squaxin Island Indian
Reservation, Washington, held a referendum election to permit the
eligible voters of the Tribe to vote on the adoption or rejection of the
Tribe's proposed Constitution and Bylaws.
The proposed Constitution and Bylaws was duly adopted by the members
of the Tribe and approved by the Secretary of the Interior. The Tribe
is now in process of accepting applications for membership so that it
can present a current membership roll for approval.
PERSONNEL CHANGES:
Mr. Wyman Babby, Administrative Officer at the Everett Office has
transferred to Warm Springs Agency where he will serve in the same
capacity.
Mr. James W. Bryson, Forestry Technician, has announced his
retirement in 000800 after thirty years of service. Jim is well known
on the Quinault where he has spent most of those years as a scaler and
more recently as a timber sales officer.
Mr. John W. Libby, Forest Manager, has also announced his retirement
to be effective next 001002 after 36 years of Federal Service. Mr.
Libby has served since 500831, as Forest Manager for the Western
Washington Agency.
(ILLEGIBLE) Acting Superintendent
650803
WESTERN WASHINGTON INDIAN AGENCY 1620 Hewitt Avenue Everett,
Washington
Postage and Fees Paid Department of Interior
HEL-012-0497-0501
HEL-012-0497-0501
631226
CORRESPONDENCE
FRYER, E R
Forestry 3585-62 (89(6-63)
631227
Hon. Julia Butler Hansen House of Representatives Washington, D. C.
Dear Mrs. Hansen:
With your forwarding slip of 631221, you included a letter from Mrs.
Adaline L. Peterson, P. O. Box 14, Skamokawn, Washington, in which she
raised certain questions concerning a timber sale contract to Rayonier,
Inc., and blowdown timber on her husband's allotment. She also raised
some questions about his hunting and fishing rights.
Since Mrs. Peterson's letter raises many detailed points on which
this office does not have adequate information, we are asking the
Portland Area Director to look into the matter and provide her with a
proper answer. When a copy of his reply to Mrs. Peterson is received,
we shall forward it to you.
The original of Mrs. Peterson's letter is enclosed as requested.
Sincerely yours,
(SGD) E. REESEMAN FRYER ASSISTANT Commissioner
Enclosure
cc: 300 Area Dir., Portland (2) w/incoming. (Note--Please reply
directly to Bureau Surname (Mrs. Peterson and provide this office with
Forestry Chrony (two copies. Mailroom Chrony Holdup
HEL-012-0502-0502
HEL-012-0502-0504
HANSEN, JULIA B HOUSE OF REP
631221
CORRESPONDENCE
HANSEN, JULIA B HOUSE OF REP
RECEIVED
631224
HOUSE OF REPRESENTATIVE U.S. WASHINGTON, D. C.
631221
The attached communication is submitted for your consideration, and
to ask that the request made therein be complied with, if possible.
If you will advise me of your action in this matter and have the
letter returned to me with your reply, I will appreciate it.
Very truly yours,
Julia Butler Hansen, MC
3rd District.
HEL-012-0503-0503
HEL-012-0502-0504
631221
CORRESPONDENCE
PETERSON, ADELINE L PETERSON, VINCENT M
RECEIVED
631224
631221
Vincil M. Peterson P.O. Box 14 Skamokawa, Washington
Dear Congresswoman Hansen,
I am writing this letter in behalf of my husband. He is an allottee
on the Quinault Indian Reservation. He has an allottment of 80 acers of
timber which is under a 35 year contract to Rayoner Inc; none of which
has been logged. I understand you are familiar with this type of
contract in your dealings with other cases. His sisters Mrs. Lorreta
Benefiel of Longview and Mrs. Ben (Lorraine) Macy of South Bend have
bordering allottments as well as their Fathers estate. These 4, 80 acer
tracts all lay within 1 1/2 miles of the high-way going through the
reservation-there are logging roads within that distance so they aren't
isolated tracts. This is the immediate problem- Last April in the big
storm that hit up there there was alot of timber blown down. It is
estimated between One million boardfeet and one and one half million
boardfeet of timber blew down on each of these four claims. We have
written letters to Rayoner Inc., The Dept. of Indian Affairs and the
Indian Welfare office and we simply are given the run-around. They
people up there don't seem to care if that timber is salvage logged or
it rots on the ground. The said they would try to log it this coming
year or next. But that is going to be to late to save it completly. We
have talked to several different logger and they tell us the beedles
destroy 10% the first year it is on the ground 20% the second and about
30% the third year and after that there is no use to bother with it.
All this loss is at our expence. We guess there to be $8,000.$9,000.
worth of our timber laying on the ground wasting and we can't do a thing
to get them to log it or to let us hire equipment ourselves and log it.
What can we do about it. We get no answers all all from the Dept. of
Indian Affairs. We feel that this contract is illegally drawn in the
first place. They will not let us buy in back and log out the timber
ourselves. And they won't log it. Do you think you can find out
anything for us? We would be satisfied if the blow-down was released so
we could take it out. We hear rumors that this is possible but no one
seems to do anything about it. I feel it is a terrible waste going on
to let that timber rot on the ground. This isn't the kind of timber you
see everyday either. It is all virgin fir and hemlock.
The second thing we need some help with is also with the Indian
office. Last 000200. out home burned in Skamokawa. We lost everything
including all of our Indian papers. One of these was Vince's Blue
Identification Card. I'm sure your are familiar with what I mean.
Again we wrote to the Indian Office and got no answer. This card
doesn't sound very much to worry about but it is His only means of
identification as an allotted Indian. With this comes the granted
hunting and fishing rights. In the state of Oregon the Dept. of
Fisheries issues him a commercial fishing licence with only $2.50 fee.
This entitles his rights in the Columbia River. But in Washington it is
a different matter. The Dept. of Game has been rejecting the Indians
free hunting and fishing rights. These Indians are under the 530000
treaty with the Federal Government. Yet the State of Washington has
taken the right away or are trying to. Just how can this be possible.
I'm sure you have heard many complaints of this. We can't get any thing
in writing from the Indian office at all upholding our rights.
According to the original treaty the Indians could hunt and fish free of
licence where, when and how he pleased. This wouldn't be the best way
of practicing donservation of course. But the Indian should be given
hunting and fishing rights free to say the least if he is willing to
have a closed season along with the white fisherman. The Indians in
this area haven't set-netted for along time. Mr Shockman, of the game
dept., made a statement at a fisheries meeting on Puget Island that the
Indian could go out here and fish any time he wanted to. And this is
true according to the treaty. Yet the same week he (Shockman) arrested
an Indian with a Blue Card for commercial fishing with it. Here's just
one example of what is happening. Could you help Vince get another Blue
card? Or if not a Blue Card, He has to have some sort of identification
as to who he is as far as his Indian Affairs go. Could you possible
help unscramble this mess. We would be very thankful for anything you
could do for us. Does the Federal Government publish the laws pretaning
to the Quinault Indians? We sure would like to have any information you
could give us.
The main things I like to know are (1) Can you do anything to get our
contract with Rayoner released; Or the blow-down timber logged? Either
by them or us (2) Can you tell us where Vince can get another Blue
Identification Card? (3) Who's responsible to give us the protection so
are free hunting and fishing right are maintained?
We extent our thanks and gratitude for your concern and help in this
matter.
Yours very respectfully,
Mrs. Adeline L. Peterson allotment No. 2094 Vincent Martin Peterson
HEL-012-0504-0504
HEL-012-0502-0504
HANSEN US HOUSE OF REP
631206
CORRESPONDENCE
SKARRA, PERRY E US DOI BIA
RECEIVED
631201
Forestry 56-8-18-1 - 339.5 Crane Creek
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
97208
Mrs. Mildred Read Mowitch P.O. Box 1141 Tahelah, Washington
Dear Mrs, Mowitch
In your letter dated 631116, you requested that we look into the
logging operations of Rayonier Incorporated on the Alvin Hudson
Allotment in the Crane Creek Logging Unit. You indicated that you, your
sisters, and one brother are very dissatisfied with the returns from
logging the timber on your allotment. You also indicate that you are
preparing to contact the Commissioner of Indian Affairs with respect to
this matter.
It appears that you may have been misinformed by Rayonier
Incorporated relative to the amount of timber to be removed from your
allotment. Superintendent George M. Felshaw of Western Washington
Indian Agency, Everett, Washington, has informed us that through 631031
3,248,810 board feet of timber valued at $39,511.86 had been removed.
Only a small amount of additional timber was removed in November because
the ground become too soft for tractor operations without damage to the
site.
As of 631130, there remained six acres of felled timber on the
allotment with an estimated volume of about 900,000 board feet and an
estimated value of nearly $25,000. This timber will be remove as soon
as ground conditions permit, at which time you, your sisters, and
brother will share in the payment.
Also, you may be interested to know that there is one area of
approximately 15 to 18 acrea which is covered with pole size homlock.
As this timber is growing rapidly, it would be unwise to cut this plot
at the present time. There is another 3-acre tract containing a mixed
stand of small cedar and hemlock--too small to be considered
merchantable at the present time.
We trust that this information will clear up any misunderstandings
you may have had regarding the Alvin Hudson Allotment, but should you
desire more information please let us hear from you.
Sincerely yours,
(Sgd) PERRY E. SKARRA Assintant Area Director
cc. Commissioner, Attn. Br. of Forestry w/enclosures (2) Supt.,
Western Washington Agency
HEL-012-0505-0506
HEL-012-0505-0510
MOWITCH, MILDRED R
631202
CORRESPONDENCE
FELSHAW, GEORGE M W WASH AGENCY
Forestry 339.5 MOWITCH, Mildred #1139 - Crane Creek Your Ref 56-8-1
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
631202
Mr. R. D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
Please refer to our letter of 631126, which was in reply to your
letter of 001120, concerning the complaint of Mrs. Mildred Reed Mowitch.
Mrs. Mowitch was dissatisfied with operations on the Alvin Hudson
Allotment under the Crane Creek Contract.
According to a report just received from our Hoquiam Office, there is
an area of uncut timber on the allotment of approximately 20 acres.
There is one area of 15 to 18 acres of H(2) (pole size hemlock) that has
been reserved until the latter part of the contract. This may run 2 to
3 M Bd. Ft. per acre at present. Given another 15 years, it could run
20 M or more. It would be poor management to permit this timber to be
logged now.
There is also a small area of about 3 acres that is too small to be
considered merchantable. This is a mixed stand of small cedar and
hemlock.
As of 631130 there remained 6 acres of felled timber on the
allotment. The estimated volume of this down timber, in M Bd. Ft. is:
Douglas fir, 589; Sitka spruce, 159; Pacific silver fir, 96; western
hemlock, 70. On the basis of this estimate and at current contract
prices, the stumpage value of this timber is $24,652.50.
This area was being tractor-logged. Operations were suspended in
001000 because the ground became too soft for tractor operations without
damage to the site. The remaining volume will be picked up as early in
640000 as ground conditions permit.
Total timber volume reported to 631031 is 3,248,810 board feet with a
stumpage value of $39,511.86. In addition, there will be some 15 or 16
thousand feet reported for 001100. This is principally hemlock and
cedar and will have a stumpage value of about $160.00.
It would appear that Mrs. Mowitch gained an erroneous impression from
Rayonier when she was informed there was only 5 acres remaining to be
logged. This undoubtedly refers to the area of down timber remaining to
be picked up. When this is accomplished, the total logged area will
have been approximately 4 million board feet and total income about
$64,000.00.
I trust this will give you the information you require to answer Mrs.
Mowitch.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
HEL-012-0507-0508
HEL-012-0505-0510
HOLTZ, R D BIA PORTLAND
000000
CORRESPONDENCE
MOWITCH, MILDRED R
(ILLEGIBLE) P.O. BOX 1141 (ILLEGIBLE)
Official in Charge Forestry Affairs U.S.B.I.A Area Office Portland,
Oregon.
Dear Sir:
I am writing to ask you to begin an inquiry into the logging
operation of Rayonier inc. in their logging operations on the Alvin
Hudson Allottment in the Crane Creek Logging Unit.
I am a fourth owner of this claim.
I, along with my sisters and one brother are very dissatisfied with
the return of this logging operation.
I have checked with Rayonier inc. and have learned they have logged
all but five Acres of this tract. ( a 79 acres tract)
A fifteen acre area is cut and awaiting the yarding of the Logs.
This will be a negligible return divided 4 ways.
I am informed that my Uncles claim ( Alvin Hudson) lies in a very
good area, and was informed after my uncles death that the claim was in
the $90.000 bracket, which I believe because of the return of other
allottees of this same unit and vicinity; My sisters are also preparing
to launch an investigation, which may well go to the Commissioners of
Indian Affairs Wash. D.C
I am also preparing a letter of this type for the commissioners
office.
Thank You
Mrs. Mildred Reed Mowitch
HEL-012-0509-0510
HEL-012-0505-0510
OFFICIAL IN CHARGE BR OF FORESTRY ORE
631204
CORRESPONDENCE
SKARRA, PERRY E US DOI BIA
RECEIVED 631206
Forestry 61-10-20 - 339.4
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
AIRMAIL
Commissioner, Bureau of Indian Affairs Washington, D. C.
Attention: Branch of Forestry
Sir:
Enclosed is a copy of a letter of 631203, from Superintendent George
M. Felshaw of the Western Washington Indian Agency. Mr. Felshaw's
letter contains the information requested in the next to last paragraph
of Assistant Commissioner E. Reesman Fryer's letter of 631118, addressed
to Congresswoman Julia Butler Hansen.
Please advise if you desire any additional information on this
subject.
Sincerely yours, (ILLEGIBLE) Assistant Area Director
Enclosure
cc: Supt., Western Washington Agency
HEL-012-0511-0511
HEL-012-0511-0513
COMM BIA DC
631203
CORRESPONDENCE
FELSHAW, GEORGE M W WASH AGENCY
Forestry Quinault 339
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
631203
Mr. H. D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
We appreciated receiving your letter of 631202 reminding us of your
631220 request.
Due to the distance involved we experienced some delay in making
contact regarding welfare or relief funds.
We have learned that Mr. Wilson receives approximately $150 per month
as a part-time employee with the City of Hoquiam. The home, purchased
with advance timber sales payment, is in a respectable section of town.
However substantial repairs are evident, particularly the roof. On an
irregular basis two rooms are rented for approximately $70.00 per month.
Both Mr. and Mrs. Wilson are in need of dental and eye attention, for
which they are unable to meet from earned income.
There is some indication the couple has received surplus commodities
on prior occasions. They were encouraged to again contact the county
office regarding eligibility. We also suggested they contact the
"Medical Only" Division of the County Welfare Agency.
We have made preliminary review of Rayonier cutting plans for 640000
and find that consideration is being given to including at least 40
acres of the Wilson allotment in 640000. These plans are not firmed-up,
therefore we find it not advisable to acquaint the owners with the plan
until final cutting plans are decided. Advance payments will of course
receive first consideration.
In actual analysis we can suggest little which will provide immediate
financial relief for home repairs.
We accept the letter of Mr. Fryer, Assistant Commissioner, as being
very explanatory regarding the timber contract situation.
Perhaps we should again give thought to Mr. Libby's recommendations
of several months ago which, though a difficult path, would provide
relief to allottees of the Quinault Reservation.
It is our plan to contact the Wilsons at a later date inquiring about
their general welfare.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
HEL-012-0512-0513
HEL-012-0511-0513
HOLTZ, R D DOI BIA PORTLAND
631113
CORRESPONDENCE
FRYER, E R
631115
Forestry 3585-62
Hon. Julia Butler Hansen House of Representatives Washington, D. C.
Dear Mrs. Hansen:
This responds to your letter of 001101, concerning correspondence
addressed to you by Mr. Elmer Wilson, of Hoquiam, Washington. Mr.
Wilson complains of a situation with which we are only too familiar.
Unfortunately, no completely satisfactory solution has been found.
The Quinault Reservation, of less than 175,000 acres, is subdivided
into more than 2,000 individual trust allotments, with practically no
land remaining in tribal ownership.
The very high cost per mile of road construction in this country
could reduce stumpage values to zero, if one should attempt to sell the
timber from a single allotment, unless the allotment were already served
by a developed road.
In these circumstances, many proposals were considered, with the
objective of obtaining an early timber sale income for as many allottees
as possible. It was decided that the best solution was to subdivide the
reservation into large timber sale units, each unit including several
hundred trust allotments. A general timber sale contract would be
entered into, covering an entire unit. It would obligate the purchaser
to enter into a separate contract with each allottee desiring to sell
his timber. But allottees who did not wish to sell their timber under
such conditions would not be obligated to do so, and their timber would
be excluded from the sale. The contract would also provide for advance
payments to each allottee which, over a period of six years, would equal
fifty percent of the estimated value of timber on his allotment. These
payments, after administrative deductions, would be deposited to the
allottee's credit immediately, and would be applied against the value of
timber cut from the allotment, whenever such cutting should take place,
at the stumpage rates then in effect. Each allottee selling his timber
would thus be assured of an early partial income from his timber,
regardless of when the timber might be cut.
Mr. Wilson's allotment is within one of these large sale areas, known
as the Crane Creek Unit. A general contract for this unit was executed
with Rayonier, Inc., in 520000. Apparently, Mr. Wilson consented to the
sale of his timber, and has received the advance payments despite the
fact that his timber has not been cut.
The Crane Creek Unit is being logged by staggered settings, which is
an accepted logging technique in the west-side forests of the Pacific
Northwest. In flying over the area you may have noted the typical
patchwork pattern, with sharp lines of demarcation between logged and
unlogged lands. After an appropriate interval of time, logging
operations will return to remove timber from the presently unlogged
lands.
It appears that Mr. Wilson's allotment lies just outside one of these
logged areas. While we can sympathise with his reaction to this
situation, there would have been no real justification to enlarge the
logged area, to include his allotment, because it would merely bring the
next adjoining allottee into the same situation that Mr. Wilson now
finds himself.
By copies of this correspondence, we are calling this matter to the
attention of Area Director Holtz and Superintendent Felshaw, to
determine if welfare or relief funds are available for which Mr. Wilson
would be eligible.
We realize that this reply does not provide a solution to Mr.
Wilson's problems. But we trust it is evidence that we are aware of the
situation, and have done what has appeared to be reasonably possible.
Sincerely yours,
(SGD) E. REESEMAN FRYER ASSISTANT Commissioner
Enclosures
cc. Area Director, Portland, Oregon (2) 300
Bureau surname Forestry Chrony Mailroom Chrony Holdup
HEL-012-0514-0515
HEL-012-0514-0518
HANSEN, JULIA B HOUSE OF REP
631101
CORRESPONDENCE
HANSEN, JULIA B HOUSE OF REP
RECEIVED
631104
Congress of the United States House of Representatives Washington,
D.C.
631101
The Bureau of Indian Affairs Washington 25, D. C.
Gentlemen:
I am enclosing a copy of a letter from a constituent of mine, Elmer
Wilson, Hoquiam, Washington, which I received in 630500. I wonder if
perhaps you might be able to send me a speedy reply, since it has been
some time since Mr. Wilson sent his inquiry.
I appreciate your courtesy.
Yours most sincerely,
Julia Butler Hansen, M. C.
HEL-012-0516-0516
HEL-012-0514-0518
BIA DC
630509
CORRESPONDENCE
WILSON, ELMER
RECEIVED
631104
Hoquiam, Wach.
630508
Mrs. Julia Butler Hansen Washington D.C.
Dear Mrs. Hansen
I am enclosing a clipping from The (ILLEGIBLE) which in part explains
something which I have been wanting to write to you about.
I have 80 acres of timber in this Unit (Crane Creek) & each year have
thought they just might cut at least part of it. Last year they logged
the so joining mine, the road leads right to it & now find this year
they have moved elsewhere & when they do go in they will only cut about
half then wait 10 more years.
I am 60 years old, have a part time job with the City of Hoquiam (5
days on & 5 off) then only around five hours a day. We have a little
shack at Maclifs where we stay the days off & try to clam in order to
make ends meet.
I invested my advance payments in a home (an older one which was all
I had enough to buy) & now can't even keep that up. The foundation
needs word badly also we need teeth & glasses, things we won't need
twenty more years from now not even ten.
We have good cudih, but don't have enough income to borrow also have
to pay interest on every dollor we borrow while Rayonier has thousands
of dollars tied up with paying us one cent of interest.
Why can't the Government advance some of us older people some money
at least for a few necessities.
Sincerely
Elmer Wilson 402 Third St. Hoquiam
HEL-012-0517-0517
HEL-012-0514-0518
HANSEN, JULIA B
630309
CORRESPONDENCE
MITCHELL H
Ople's Let
INDIAN STATUS
OAKVILLE (Editor World) - In discussion of Indians, we must always
mention the treaties, executive orders etc. that were completed prior to
890000. Since federal law is the supreme law of the land and because
all this preceded statehood, then we must assume that agreements with
Indians remain unchanged. The Indians did not consent to public law 280
nor are we consenting to SB 56 in the State of Washington.
I recently attended a hearing on SB 56 at Olympia. One of the
proponents of the bill made the statement that he could not go to Canada
and expect to take the laws of his state into Canadian territory, which
is true, but it is also true that he could not buy land within the
boundary of Canada and expect to take his state's laws on that land just
because he purchased land within that boundary. This in effect is what
SB 36 would do to Indian country. We did not get a chance to be heard
on the bill, and I was disappointed to find on my return from Washington
D. C. that Mr. Charette chose to vote for SB 56 and against our Indians
in Grays Harbor County.
As to the right to vote in the state. Since our guardian, the United
States government, stands by and lets the state legislature pass laws
effecting us, what else is there left to do but defend ourselves.
In 520000, approved by the secretary of the Interior, 35,382 acres of
Reservation lands in Grays Harbor county, were put under a long term
contract, against our better judgement. But since the government gave
us a guardian in the Bureau of Indian Affairs, this appeared to be the
only solution to get any benefit from the lands, as they would not
approve our people logging their own places or arranging to get someone
else to log it, when timber was selling at a premium price. As usual
just as in the days of treaty negotiations, the procedure to follow was
that we must sign a power of attorney before our guardian could
negotiate the sale. After the papers were signed it became evident the
timber was to be said in such a large tract as to make it impossible for
competitive bidding by any but the largest companies. When it was
offered for bid, there was only one bid received. As a result it was
sold at a price below what other timber was selling for at the same
period of time.
Do you think we would have gone along with this type of arrangement
in the 500000's if we thought the government was going to leave us to
the mercy of the state in the 600000's? We can not tolerate our lands
falling under state law and order and federal supervision at the same
time. As long as our property is tied up in these federally - approved
contracts, I feel that it is the responsibility of the federal
government to provide whatever law enforcement is necessary to the
Indians. I do not believe the people of Grays Harbor County want to
spend money for inforcement on the reservation when the government is
getting the taxes from the property.
Which brings another thought to my mind. In the state of Washington
we have not only Indians and non-Indians, but we also have a Number One
and a Number Two Indian. This I point out never came to light until
just recently. In the last two years as a matter of fact. The state
brought this up and was evidently not contested by our guardian. All of
a sudden they decided that there were Treaty and Non-treaty Indians.
I'll have to refer back to the minutes of the treaty negotiations when
Governor Stevens proposed the treaty with the Western Indian tribes,
again they wanted them to sign the paper first, then they would tell
them what their destiny would be.
But these Indians, even in their native state, understood that they
wanted to know what was going to happen to them before they signed it.
The government wanted them to give up all their lands and move them to
the area between Cape Flattery and Grays Harbor. Most of the inland
Indians voiced an objection because they did not know how to live in
that type of country and that they did not wish to leave the country
where their dead were. I imagine this meant very much to them.
They all said that they would be satisfied with just a small piece of
ground to live their lives out in their homeland. Was this
unreasonable? This is precisely what has taken place in later years,
either by treaty or executive orders etc. The little reserves were set
aside for different tribes of Indians. They have abided by all the
rules and regulations set down by the Bureau of Indian Affairs For
instance when the Bureau of Indian Affairs negotiated these long term
contracts on the timbered lands +++ they did not ask first if they were
treaty or non-treaty Indians and let the non-treaty Indian do as he
wished with his lands. Indians were all in the same category but now
when the State of Washington is after our lands, Indian rights etc.
Suddenly the Number Two Indian is out on a limb ++ Completely on his
own, with no protection from his guardian. This must be corrected now
+++ if the so-called non-treaty Indian is to be abandoned to the state
then I believe the sale of their timbered lands, leases etc. are void.
The only reason the state is after state jurisdiction over the Indian
Reservations is because then they can ask for revenue for services
rendered and we could not possibly pay state property taxes on these
lands when we cannot have any control over when we will receive income
from the property - not from choice but because of federal supervision.
These contracts will be in effect for at least 20 more years.
MRS. HELEN MITCHELL
Saturday, 630309
HEL-012-0518-0518
HEL-012-0514-0518
631031
CORRESPONDENCE
LIBBY, JOHN W W WASH AGENCY
Forestry 339.5 Disp Ratio Cr Cr Area Office 62-10-18
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
631031
Mr. R. D. Holtz, Area Director Portland, Oregon
Dear Mr. Holtz:
Concerning the question raised in Mr. Wershing's letter of 631025, it
will be noted that one set of "Report of Timber Cut" is numbered
consecutively with a "-1" following the number. This set is also
labelled at the top of the page as "CURRENT RATIO". The other set is
numbered with the same sequence of numbers, with a "-B-1" and is
labelled "STUMPAGE DISTRIBUTED". This second set, in every case, is the
record of money paid to the allotment owners as the timber was logged
and reported. The difference between the values on this second set
(STUMPAGE DISTRIBUTED) and that on the first set (CURRENT RATIO)
represents the amount of money recently distributed.
The first set of reports, those labelled "CURRENT RATIO" represents
total stumpage paid to the allotment owners and is the basis for
continuing reports.
Sincerely yours,
(Sgd.) John W. Libby. Acting Superintendent
HEL-012-0519-0519
HEL-012-0519-0519
HOLTZ, R D BIA PORTLAND
631025
CORRESPONDENCE
FELSHAW, GEORGE M W WASH AGENCY
Forestry 339.5 SAUX, Boyd John #1361 - Crane Creek
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
631025
Mr. Boyd John Saux Taholah, Washington
Dear Mr. Saux:
In your letter of 631023 you request release from Rayonier,
Incorporated on the existing contract for your allotment legally
described as Quinault No. 1361 (Crane Creek Logging Unit).
Your allotment is one of some 400 allotments included in the Crane
Creek Logging Unit which is under contract to Rayonier. It was included
under authority of a Power of Attorney executed by you on 520602, in
which you requested and authorized the Superintendent to sell your
timber.
You must realize that it is physically impossible to remove all of
the timber from the Crane Creek Unit in a short time. Logging must be
done in an orderly manner in accordance with approved forestry
practices. We have to require Rayonier to operate under a system of
clean-cutting alternate blocks. The uncut blocks have to remain
unlogged for a period of time until the logged portions have reforested
and the slash hazard has been reduced.
Approximately two-thirds of your allotment was included in an
approved logging block and has been logged. Including the advance
payments made during the first years of the contract, you have received
a total of $32,016.07 for the timber logged.
The remainder of your allotment is in a reserve area and cannot be
scheduled for logging before about 700000. It will take that long for
the logged portion to recover sufficiently.
We can appreciate your desire to secure the rest of the income from
your timber at the earliest possible date. We hope you can appreciate
that we have to protect the interests of all of the allottees and manage
the forest lands on the Quinault Reservation so that all of these lands
will be kept in production.
Concerning your request for a release from the contract, there is no
way that this can be accomplished without the consent of all parties to
the contract. We could consider this request only if Rayonier agreed to
it. In cases where such requests have been made in the past, Rayonier
has consistently been unwilling to consider termination of these
contracts.
Sincerely yours,
(ILLEGIBLE) Superintendent
Copy to: Portland Area Office w/copy incoming letter Hoquiam
Subagency
HEL-012-0520-0521
HEL-012-0520-0522
SAUX, BOYD J
631023
CORRESPONDENCE
SAUX, BOYD J
Taholah, Washington
631023
George M. Felshaw, Supt. Western Washington Indian Agency 1620
Hewitt Avenue Everett, Washington
Re: Quinault No. 1361 Timber salvage
Dear Mr. Felshaw
I hereby submit a request for an open and outright release from
Rayonier, Inc., through the Bureau of Indian Affairs, on the existing
contract for my timber allotment legally described as Quinault No. 1361
(Crane Creek Logging Unit).
I am by no means obligated, nor indebted, to Rayonier for advance
financial payments made to my person (25% first payment; 15% second
payment; 10% third payment, all as per contract). In other words I do
not owe Rayonier anything monetarily, in view of the fact that Rayonier
has already recovered through their logging operations on my allotment
more than what has been paid me. Furthermore, the Hoquiam office of
Rayonier informed me as such that they are not going to return to my
presently allotted standing timber and salvage portion (portion already
logged) for another 10 years to complete their contract. I was further
informed that I am free to get any party or parties to go onto my
allotment and cut both stumpage, standing timber, salvage logs, snags,
etc., as the case may be.
Messrs, William "bill" Kalliokoski, Arvo Kalliokoski and Ed Bishop of
Moclips and Aloha, Washington, repectively, will do the salvaging. They
have all the needed equipment for the operation. This operation is a
necessity in view of the fact that Rayonier will not be able to do the
salvaging for quite some years to come. Therefore, I further request
that you take this matter under ourly consideration.
Thank you.
Sincerely yours,
Boyd John Saux
ATTEST:
HEL-012-0522-0522
HEL-012-0520-0522
FELSHAW, GEORGE M W WASH INDIAN AGENCY
631025
CORRESPONDENCE
WERSHING, HENRY F BR OF FORESTRY
Forestry 3585-62 631025
Mr. Robert D. Holts Area Director Portland, Oregon
Dear Mr. Holtz:
Your letter of 631011, to Rayonier, Inc., indicates you will soon
make a distribution of funds now in a "Withholding Account" since the
pending appeal from the action of the Commissioner has been settled on
the Crane Creek Unit.
We have in our records two sets of Report of Timber Cut pertaining to
the timber sale account on this timber sale unit. It would be
appreciated if you could furnish a statement for these records which
clearly sets forth which of the reports pertain to money originally paid
out and those for which the money is being paid out since the appeal was
settled.
We have no difficulty at the present time as to the proper identity
of these reports. However, since this contract still has many years of
active operations it may be helpful in future years to have a statement
of identity. When we receive your statement we plan to segregate the
two monthly Report of Timber Cut into two groups.
Sincerely yours,
(Sgd) Henry F. Wershing
Acting Chief, Branch of Forestry
cc: Bureau Surname Forestry Chrony Mailroom Chrony Holdup
HEL-012-0523-0523 HEL-012-0523-0525
HOLTZ, R D BIA PORTLAND
631011
CORRESPONDENCE
FELSHAW, GEORGE M US DOI BIA
Forestry-339.5 Crane Creek
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Indian Agency 1620 Hewitt
Avenue Everett, Washington
631011
Rayonier, Incorporated Northwest Lumber Division Box 539 Hoquiam,
Washington
Gentlemen:
In your letter of 600715, to the Secretary of the Interior, you
appealed from the action of the Commissioner of Indian Affairs set forth
in his telegram of 600630 changing stumpage-to-log price ratios under
terms of the Crane Creek Timber Contract Number I-101-IND-1902. Pending
the Secretary's decision in the matter, we have computed stumpage values
for timber scaled from the Crane Creek Unit at two sets of stumpage
rates: one set of rates based on subsequently established ratios. In
every case, the lesser value has been paid to the allotment owners. The
difference has been held in a "Withholding Account".
By letter of 630911, the Assistant Secretary of the Interior notified
you that your appeal was denied and the decision of the Commissioner
upheld. In the circumstances, we are proceeding to distribute the
stumpage from the Withholding Account to the allotment owners entitled
thereto. Starting with production for 000900 as reported 630930, we
will maintain only one set of stumpage values computed in accordance
with current stumpage-to-log price ratios. These rates will apply unitl
we have determined an acceptable procedure for adjusting stumpage values
under terms of Section 11 of the Contract. We hope to accomplish this
in the very near future.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
cc: PAO (3)
HEL-012-0524-0524
HEL-012-0524-0525
RAYONIER INC
631009
CORRESPONDENCE
WILCOX, EARLE R US DOI BIA ORE
Received
631014
Forestry 60-11-7 - 339.5 Crane Creek 60-11-7 - 339.5 Taholah
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
631009
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Enclosed is a copy of the letter dated 631003, from John O. Crow,
Deputy Commissioner, relative to the records being kept in conjunction
with the Crane Creek and Taholah Unit timber contracts on the Quinault
Reservation.
It is our understanding that you are making distribution of the
disputed funds to the appropriate account in conjunction with the Crane
Creek contract and that you have informed Rayonier Incorporated, to this
effect. It is not necessary to maintain more than one set of records
for the Crane Creek contract. The same will apply to the Taholah
Logging Unit contract when the appeal of the Aloha Lumber Company is
decided.
Sincerely yours,
(SGD) EARLE R. WILCOX Acting Assistant Area Director
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
HEL-012-0525-0525
HEL-012-0524-0525
FELSHAW, GEORGE M W WASH AGENCY
631024
CORRESPONDENCE
WERSHING, HENRY F BR OF FORESTRY
CORRECTION
The preceding document(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
Forestry 3585-62
631025
Mr. Robert D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
Your letter of 631011, to Rayonier, Inc., indicates you will soon
make a distribution of funds now in a "Withholding Account" since the
pending appeal from the action of the Commissioner has been settled on
the Crane Creek Unit.
We have in our records two sets of Report of Timber Cut pertaining to
the timber sale account on this timber sale unit. It would be
appreciated if you could furnish a statement for these records which
clearly sets forth which of the reports pertain to money originally paid
out and those for which the money is being paid out since the appeal was
settled.
We have no difficulty at the present time as to the proper identity
of these reports. However, since this contract still has many years of
active operations it may be helpful in future years to have a statement
of identity. When we receive your statement we plan to segregate the
two monthly Report of Timber Cut into two groups.
Sincerely yours,
(Sgd) Henry F. Wershing Acting Chief, Branch of Forestry
cc: Bureau Surname Forestry Chrony Mailroom Chrony Holdup
HEL-012-0526-0527
HEL-012-0526-0530
HOLTZ, ROBERT D BIA PORTLAND
631011
CORRESPONDENCE
FELSHAW, GEORGE M
IN REPLY REFER TO:
Forestry 339.5 Crane Creek UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Indian Agency 1620 Hewitt
Avenue Everett, Washington 631011 Rayonier, Incorporated Northwest
Lumber Division Box 539 Hoquiam, Washington
Gentlemen:
In your letter of 600715, to the Secretary of the Interior, you
appealed from the action of the Commissioner of Indian Affairs set forth
in his telegram of 600630, changing stumpage-to-log price ratios under
terms of the Crane Creek Timber Contract Number I-101-IND-1902. Pending
the Secretary's decision in the matter, we have computed stumpage values
for the timber scaled from the Crane Creek Unit at two sets of stumpage
rates: one set of rates based on ratios in effect immediately prior to
600701; the other at rates based on subsequently established ratios.
In every case, the lesser value has been paid to the allotment owners.
The difference has been held in a "Withholding Account".
By letter of 630911, the Assistant Secretary of the Interior notified
you that your appeal was denied and the decision of the Commissioner
upheld. In the circumstances, we are proceeding to distribute the
stumpage from the Withholding Account to the allotment owners entitled
thereto. Starting with production for 000900 as reported 630930, we
will maintain only one set of stumpage values computed in accordance
with current stumpage-to-log price ratios. These rates will apply until
we have determined an acceptable procedure for adjusting stumpage value
under terms of Section 11 of the Contract. We hope to accomplish this
in the very near future.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
cc: PAO (3)
HEL-012-0528-0528
HEL-012-0526-0530
RAYONIER INC
630930
CORRESPONDENCE
CROW, JOHN DOI BIA
631003
Forestry 3585-62
Mr. Robert D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
When Mr. Henry F. Wershing, Assistant Chief, Branch of Forestry,
recently visited your office, there was considerable discussion as to
procedure with reference to stumpage rate adjustments on the Crane Creek
and Taholah Units on the Quinault Reservation.
One of the questions asked was concerned with the keeping of two sets
of records on stumpage rates because of the pending appeals by the
purchasers.
Separate records have been kept because the purchasers objected to
the change in ratios which were made at certain times in the past.
These records must be maintained until a final decision is reached in
the appeals.
By letter of 630911, the Assistant Secretary notified Rayonier, Inc.,
that its appeal has been denied, and the decision of the Commissioner
affirmed. In the circumstances, we understand you plan to distribute
the disputed funds to the appropriate accounts, and have informed
Rayonier, Inc., to that effect. Unless Rayonier takes court action in
the meantime to keep this appeal alive, it will not be necessary to
maintain the two sets of records for the Crane Creek contract after the
distribution is made. The same procedure will apply to the Aloha Lumber
Company contract when the appeal is decided.
Sincerely yours,
(Sgd) John O. Crow Deputy Commissioner
cc: 300
Bureau Surname Forestry Chrony Mailroom Chrony File 3882-62
(Forestry) Holdup
This letter does not answer the question originally asked by
Portland, if it was necessary to attempt to keep separate accounts if
Sec. 11 (trend of economic conditions) was invoked. HW
HEL-012-0529-0529
HEL-012-0526-0530
HOLTZ, R D BIA PORTLAND
631009
CORRESPONDENCE
WILCOX, E R US DOI BIA ORE
RECEIVED
631014
Forestry 60-11-7 - 339.5 Crane Creek 60-11-7 - 339.5 Taholah
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON 631009
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Enclosed is a copy of a letter dated 631003, from John O. Crow,
Deputy Commissioner, relative to the records being kept in conjunction
with the Crane Creek and Taholah Unit timber contracts on the Quinault
Reservation.
It is our understanding that you are making distribution of the
disputed funds to the appropriate account in conjunction with the Crane
Creek contract and that you have informed Rayonier Incorporated, to this
effect. It is not necessary to maintain more than one set of records
for the Crane Creek contract. The same will apply to the Taholah
Logging Unit contract when the appeal of the Aloha Lumber Company is
decided.
Sincerely yours, (SGD) EARLEE WILCOX Acting Assistant Area Director
Enclosure
cc: Hequiam Subagency Commissioner, Attn. Br. of Forestry
HEL-012-0530-0530
HEL-012-0530-0530
FELSHAW, G M W WA AGENCY
630924
CORRESPONDENCE
FORREST, L J RAYONIER INC
RECEIVED
631001
RAYONIER INCORPORATED
Eighth and Levee, Hoquiam, Washington Mail Address, Box 539
630924
INTERIOR DEPT.
630927
Assistant Secretary
Mr. John A. Carver, Jr. Acting Secretary of the Interior Department
of the Interior Washington 25, D.C.
Re: Crane Creek Timber Contract No. I-101-IND-1902, Quinault
Reservation
Dear Sir:
We acknowledge receipt of your letter dated 630911 advising that you
have denied our appeal and have confirmed the decision of the
Commissioner with respect to the change in stumpage to log price ratios
under the above contract effective 600630. We have not yet determined
what position or what further action we might take on this matter. We
are studying your decision and hope to reach a conclusion and take a
position in due time.
When such a conclusion has been reached, we will advise you.
Yours very truly, RAYONIER INCORPORATED L J FORREST Vice President
L.J. Forrest/bjf
cc: Commissioner of Indian Affairs Area Director, Portland
Superintendent, Western Washington Agency, Everett Western Washington
Agency, Hoquiam
HEL-012-0531-0532
HEL-012-0531-0532
CARVER, JOHN A DOI DC
630920
CORRESPONDENCE
DRUMMOND, JOHN P WILCOX, EARLE R
630920
cc: Mr. George S. Kephart
Area Director
Area Forester Wilcox and Asst. Area Forester Drummond
Field trip to Hoquiam, Washington, 630918
We left Portland in Earle Wilcox's car at 3:45 p.m. and arrived in
Hoquiam at 6:30 p.m. Between 8:00 a.m. and 9:00 a.m. Wednesday, the
000018, we discussed the Crane Creek and Taholah Unit contracts with
John Libby, Forest Manager, and Don Clark, Assistant Forest Manager, in
the BIA Forestry office at Hoquiam.
At 9:00 a.m. we met with officials of Rayonier Incorporated in their
office. Others who attended the meeting were Messrs. Len Forrest,
Wilton Vincent, D. D. Rhebeck, and Jack Hendrickson of Rayonier
Incorporated, as well as Messrs. Libby, Clark, and Ross of the Agency
Staff.
Mr. Forrest opened the meeting by stating that he had received a
letter from the Assistant Secretary of the Interior in which Rayonier's
appeal of the stumpage rates established 600701 was turned down. Mr.
Forrest indicated that this was the answer he had expected. He said the
letter was in the hands of their attorney and that they had not decided
what further action the company would take. During the course of the
conversation, Mr. Forrest indicated that he did not look forward to a
long court suit and hoped that the difficulties with relation to the
Crane Creek contract could be ironed out so that this would not be
necessary.
Mr. Wilcox explained the difficulty in making adjustments in stumpage
prices as provided for the Crane Creek Logging Unit contract since the
PHLA log prices are no longer published. Both product values and costs
are difficult to obtain. Mr. Forrest informed us that Rayonier is not a
member of the West Coast Lumbermen's Association and that Rayonier knows
nothing of other organizations' costs or sales prices. He explained why
the PHLA had discontinued issuing log price information. He stated that
the Department of Justice had indicated its approval of publishing log
prices provided prices are obtained from a good cross section of all log
buyers in the area. To date, only seven mills have indicated a
willingness to furnish this information but more may offer to do so at a
later date.
Mr. Forrest expressed his bitter disappointment in the Crane Creek
Logging Unit contract and in the ratio method of setting stumpage
prices. He indicated that he would like to have stumpage prices set
yearly on an appraisal basis. He also said that Rayonier would object
vigorously if we went to an end-product appraisal. According to Mr.
Forrest, the Forest Service was running into all kinds of difficulty
with end-product appraisals and is going from end-product to log price
appraisals. (We do not know that the Forest Service is getting away
from end-product appraisals. However, it has always used log prices for
cedar appraisals.)
Mr. Forrest stated that Rayonier is not a lumber producing
organization and that they were selling cedar logs and pulp. He pointed
out that the cedar market was flooded and blamed the Bureau of Indian
Affairs timber and land sales program for this situation. Because of
the stumpage and log market being flooded, the price of cedar logs does
not necessarily follow the price of lumber. The Grays Harbor market
cannot assimilate all of the logs on the Grays Harbor market and it is
necessary for Rayonier to send approximately one-third of its logs to
the Puget Sound market. Mr. Forrest indicated that this costs an
additional $14 per thousand. (During the afternoon Mr. Smith of Aloha
Lumber Company indicated that the cost of shipping to Puget Sound would
approximate $10 per thousand.)
Mr. Forrest expressed the belief that the Crane Creek contract should
not be compared to the smaller timber sales contracts in the area. He
indicated that he thought the Crane Creek contract should be considered
a wholesale sale while the others should be considered retail sales.
Mr. Wilcox gave several reasons why the Crane Creek sale should not be
considered a wholesale sale, in the full sense of the term, foremost of
which is the fact that all of the timber on the Crane Creek Unit has not
been paid for, by any means.
Mr. Forrest expressed the view that the company was bitterly
disappointed with the Crane Creek Logging Unit contract and had lost
money on it for a number of years. However, when Mr. Wilcox suggested
that perhaps we should study the possibilities of terminating this
contract, Mr. Forrest made it clear that Rayonier was not anxious to do
this, Mr. Forrest expressed the opinion that if the cedar timber in the
Hoquiam area was not already under contract, the Indians would have
difficulty selling it at any price.
The possibility of making an annual appraisal and pricing study was
discussed. Rayonier representatives made it clear that they would be
willing to make available all of the log price information in their
records. They stated that they were trying to get the maximum for all
logs sold and that the prices received were not influenced by trades or
bonuses in any way.
When Rayonier officials expressed their desire to work with us on a
realistic appraisal of the Crane Creek Unit, we indicated that we would
be glad to have their suggestions for study after which we would be glad
to discuss the problem on an informal basis.
It is believed that Rayonier officials will give this matter
consideration and will make recommendations for our consideration.
Rayonier's proposal probably will include not only the desirability of
making an appraisal on an annual basis but also suggested guidelines and
items which they believe should be included in such an appraisal.
In the meantime we shall gather the best log price information
possible from purchasers of Indian timber, other operators, the U. S.
Forest Service, and the State of Washington.
The possibility of the Indian Bureau again doing its own scaling was
discussed. While Rayonier representatives offered no serious objections
to this, they did say that they would like to study the matter before
giving their comments on it.
The meeting with Rayonier representatives terminated about 11:45 a.m.
At 1:30 in the afternoon, we, the BIA representatives, met with the
following officials of the Aloha Lumber Company:
Paul Smith, President; Louise Greenstreet, General Manager; and Mr.
Logan, Logging Superintendent.
The same matters discussed with Rayonier in the morning were
discussed with the Aloha representatives in the afternoon. Mr. Smith
indicated that he very much favors having log grade price information
published and will do everything he can to see that the Industrial
Forestry Association is allowed to do this. Aloha officials, like
Rayonier officials, indicated that the stumpage market in the Hoquiam
area was flooded and that the lumber prices were not an indication of
log or stumpage prices. They expressed a willingness to have us inspect
their selling records and to obtain prices which they are receiving for
logs, particularly hemlock.
While we did not discuss Aloha's appeal of stumpage prices to any
great extent, we did tell the company officials that we expected their
appeal to be answered in a very short time. Although Mrs. Greenstreet
indicated she was concerned about the Indian Bureau doing its own
scaling, Mr. Smith appeared to think that this might be advantageous to
the company.
Aloha Lumber Company is a member of the West Coast Lumbermen's
Association, but the Aloha officials did not offer to give us cost or
price information
It is believed that Rayonier officials will give this matter
consideration and will make recommendations for our consideration.
Rayonier's proposal probably will include not only the desirability of
making an appraisal on an annual basis but also suggested guidelines and
items which they believe should be included in such an appraisal.
In the meantime we shall gather the best log price information
possible from purchasers of Indian timber, other operators, the U. S.
Forest Service, and the State of Washington.
The possibility of the Indian Bureau again doing its own scaling was
discussed. While Rayonier representatives offered no serious objections
to this, they did say that they would like to study the matter before
giving their comments on it.
The meeting with Rayonier representatives terminated about 11:45 a.m.
At 1:30 in the afternoon, we, the BIA representatives, met with the
following officials of the Aloha Lumber Company:
Paul Smith, President; Louise Greenstreet, General Manager; and Mr.
Logan, Logging Superintendent.
The same matters discussed with Rayonier in the morning were
discussed with the Aloha representatives in the afternoon. Mr. Smith
indicated that he very much favors having log grade price information
published and will do everything he can to see that the Industrial
Forestry Association is allowed to do this. Aloha officials, like
Rayonier officials, indicated that the stumpage market in the Hoquiam
area was flooded and that the lumber prices were not an indication of
log or stumpage prices. They expressed a willingness to have us inspect
their selling records and to obtain prices which they are receiving for
logs, particularly hemlock.
While we did not discuss Aloha's appeal of stumpage prices to any
great extent, we did tell the company officials that we expected their
appeal to be answered in a very short time. Although Mrs. Greenstreet
indicated she was concerned about the Indian Bureau doing its own
scaling, Mr. Smith appeared to think that this might be advantageous to
the company.
Aloha Lumber Company is a member of the West Coast Lumberman's
Association, but the Aloha officials did not offer to give us cost or
price information that was not already available to us. Mr. Smith
indicated that the log grade information formerly furnished by PHLA
might yet be furnished by the Industrial Forestry Association and said
that the decision as to whether or not it would be furnished should be
made within a month.
(SGD) EARLE R. WILCOX Area Forester
(SGD) JOHN P. DRUMMOND Asst. Area Forester
HEL-012-0533-0536
HEL-012-0533-0536
AREA DIR
630916
CORRESPONDENCE
CROW, JOHN O DOI BIA
Forestry 3585-62
630916
Hon. Henry M. Jackson United States Senate Washington, D. C.
Attention: Mr. Thomas S. Foley
Dear Senator Jackson:
During our meeting on 000912 you asked that we send you copies of the
timber sale contracts with Aloha Lumber Corporation and with Rayonier,
Incorporated, together with a record of adjustments made in the stumpage
ratios.
The contract with Aloha Lumber Corporation (formerly Aloha Lumber
Company) is quoted in full at page 14-24 of the enclosed copy of the
Senate Subcommittee hearings on "Timber Sales, Quinaialt Indian
Reservation." The contract with Rayonier, Inc., is similarly quoted at
pages 24-30.
Please note, in these contracts, that the term "stumpage rate" means
the price per thousand board feet to be paid for timber cut under the
contract. Different stumpage rates are established for the various
species of timber. The term "stumpage ratios" means the percentage
relationship between the stumpage rates and the prices being paid,
f.o.b. will, for saw logs of the corresponding species.
In each contract, sections 6 to 8, inclusive, set forth the method by
which the original stumpage ratio was calculated.
Section 9 describes how the stumpage ratio is to be used in making
quarter-annual adjustments of the stumpage rates.
Section 10 contains authority for changing the stumpage ratios. The
appeals were directed to the ratio changes, effective 600701, that the
Commissioner of Indian Affairs made pursuant to this section.
Section 11 prescribes stumpage rate adjustment procedures to be
followed if the sections 9 and 10 become unworkable. Both companies
were notified on 630226, that section 11 will be used in the future,
because the logger association log prices are no longer published.
There is also enclosed a summary of the stumpage ratio adjustments.
Sincerely yours,
(Sgd) John O. Crow Deputy Commissioner
cc: 300 Bureau Surname Forestry File #3882-62 Forestry Chrony
Mailroom Chrony Holdup
STUMPAGE RATIO ADJUSTMENTS
1. Aloha Lumber Corporation contract - Taholah Logging Unit.
"Table not keyed, see original"
Beginning this date, logs were scaled by the local log scaling
bureau, rather than by Indian Bureau scalers. This change in ratios was
to compensate for different scaling techniques with resultant
differences in volume determination.
All previous adjustments were made by the Assistant Secretary.
Adjustments of 600107 and 610104 were made by Commissioner of Indian
Affairs, under delegation of authority. Company appealed from
Commissioner's adjustment of 600701.
11. Rayonier, Inc., contract - Crane Creek Logging Unit.
Table not keyed, see original
All previous adjustments were made by the Assistant Secretary.
Adjustments of 600107 and 610104 were made by Commissioner of Indian
Affairs, under delegation of authority. Company appealed Commissioner's
adjustment of 600107.
HEL-012-0537-0540
HEL-012-0537-0540
JACKSON, HENRY M US SENATE
630911
CORRESPONDENCE
CARVER, JOHN A DOI BIA
630911
Dear Mr. Forrest:
By letter of 600715 you appealed from the action of the Commissioner
of Indian Affairs set forth in his telegram of 600630 changing
stumpage-to-log price ratios under terms of the Crane Creek Timber
Conract: Number I-101 Indian-1902.
In connection with this appeal you have had an opportunity to review
the data and analysis used by the Commission in reaching his decision
and have submitted a written appeal and supplementary statement. I have
reviewed the considerable record concerning this matter.
Section 10 of the contract provides as follows:
"The Officer Approving This Contract or his duly authorized
representative, hereinafter, called the Approving Officer, may review,
the stumpage rates established by the procedure set forth in Sections 6
to 9 inclusive, either on his own initiative or upon submission by the
Purchaser of evidence satisfactory to the Approving Officer that such a
review should be made. If, as a result of said review, the Approving
Officer finds that the character of the operation, changes in market
conditions, or other factors have altered the situation to such an
extent that, in his opinion, a change in the existing ratios between
stumpage rates and the Grays Harbor-Paiget Sound-Columbia River weighted
average leg prices is warranted, he shall give thirty days notice to the
Purchaser and the Indians in General Council or their authorized
representatives of his intention to establish new ratios between
stumpage rates and the Grays Harbor- Puget Sound - Columbia River
weighted average log prices, during which time the Purchaser and the
Indians may consult with the Approving Officer; PROVIDED, that the
requirements of notice of this section shall be satisfied when the new
ratios established under this authority are made effective upon the
first day of a quarterly adjustment period which is not less than thirty
days following notice by the Approving officer to the Purchaser and the
Indians that he intends to proceed under the authority of this section
to change such ratios; PROVIDED FURTHER, that there shall be no change
in the ratio of any species until two years subsequent to the date of
approval of this contract; and PROVIDED FURTHER, that the said ratio
for any species shall not be changed often than once in any calendar
year. The stumpage rate for cedar poles may be adjusted by the
Approving Officer, at any time in accordance with the trend of the cedar
pole market in the general locality of Grays Harbor. Notice of the new
cedar pole stumpage rate will be furnished the Purchaser and the Indian
at least thirty days prior to the date on which it will become
effective."
Certain procedural requirements are provided for in the above section
of the contract. Accordingly, by telegram of 600519 from the
Commissioner of Indian Affairs, Rayonier was given a timely notice of
intention to consider changing ratios. A substantial memorandum was
supplied Rayonier on 600525 indicating the basis for the tentative
decisions. Thereafter, on 000608 at Everett, Washington, consultations
were held with your company for approximately half a day followed by
further consultation in Washington, D.C., with the Bureau of Indian
Affairs on 600623. The views of the Company were given serious
consideration and resulted in some changes being made. Finally,
Rayonier was notified by telegram of 600630 from the Commissioner of
Indian Affairs of his making changes in the ratios.
The procedural requirements of section 10 of the contract were set by
the Commissioner of Indian Affairs in reaching his decision.
The remaining question for determination on appeal is whether the
merely estalished ratios were warranted under section 10 of the
contract. The particular pertinent language of the contract provides:
"If as a result of said review, the approving officer finds that the
character of the operation, changes in market conditions, or other
factors have altered the situation to such an extent that, in his
opinion, a change in the existing ratios between stumpage rates and
Grays Harbor-Paiget Sound-Columbia River weighted average log prices is
warranted, +++"
You have contended that no changes have occurred warranting change in
ratios from those originally in effect and the ratios should be changed
only at infrequent intervals to meet extreme deflationary or
inflationary conditions. I am of the opinion that the long standing
practice of the Interior Department of making changes in stumpage ratios
in this and other similar contracts as occasion justifies at a few year
interval has been proper under the term of the contract and is wise
public policy. More frequent small ratio changes may well be needed to
correct deficiences that accumulate from individually small changes of
great variety. The quarterly adjustments relating to the log index
prices are not always adequate to keep the price paid for Indian timber
in line with current value relative to the original bid price and the
company's opportunity to profit. Changes in ratios made only when an
extreme change occurred in the situation could result in prices unfair
to either the Indian or Rayonier being paid for timber over a period of
many years.
A second question raised relates to an interpretation of a clause in
the contract "the character of the operation, changes in market
conditions, or other factors have altered the situation." Rayonier has
contended changes should be identified and allocated to the "character
of operation" or "changes in market conditions." The Bureau of Indian
Affairs has tended to focus on the broader language "altered the
situation" and the catchall "other factors." In my view "character of
operation, changes in marketing conditions and "other factors" taken
together embrace all the items that affect stumpage values and are
broadly overlapping and interlocking in their effect upon the stumpage
values. It is not, therefore, practical to attempt to identify and
allocate each change in terms of the three phrases which are descriptive
of "the situation" referred to in the same sentence. In my review I
have been mindful of changes in the two commented factors, but I was
more concerned that considering the entire situation broadly there be
evidence that the change made by the Commissioner in stumpage rates is
warranted to establish a fair price for the timber, bearing in mind the
original bid.
From a study of the record before or on this appeal it is evident
that there was a measured change in the quality of the logs being taken
from the Indian's forests. This doubtlessly resulted from the character
of the operations like locations being logged. The grade composition of
logs actually removed during the three years immediately preceeding the
ratio change is higher than the estimated composition used in
determining the original stumpage price and subsequently continued in
the quarterly adjustments.
General production costs in the industry as portrayed in the
evaluation report are sufficient to establish that operation and
production costs have increased during the life of the contract, but at
a rate much higher than corresponding log prices. The increased margin
between log value and production costs should be shared both by the
company and the Indian timber owners. In order to maintain equitably
the relative relationship between stumpage paid the Indians and
opportunity for company profit established at the time of bid for the
timber, adjustment in ratios was warranted.
In your appeal you used as an argument for a change in ratios
downward the Quinault News Letter No. 12, dated 600727, in which it is
stated that: "The market for sawlogs and other forest products is poor
throughout Western Washington and is particularly bad for cedar." The
statement is true as of the date it was issued. The period of time with
which we are concerned in this appeal is from the date of the contract
until 600331. The recommendation for change of ratios as of 600630, is
based on the record closing 600331. The logmarket index which is
followed in accordance with Section 9 of the contract determines the
quarterly stumpage rates. These rates for cedar logs were as follows:
580401 $53.85
580701 52.72
581001 51.17
590101 55.24
590401 56.67
590701 57.44
591001 58.24
600101 57.40
600401 56.60
It will be noted that the cedar log index dipped slioghtly in the
latter half of 580000 then strengthened considerably in 590000. It then
dropped slightly on 600401. However, the 600401 index was higher than
the 580401 index.
You contended the Bureau uses logging and overhead costs which are
lower in 600000 than at any time since the contract was entered into and
state that your wage scales had increased almost 25 percent, that the
cost of materials and equipment also increased during this period.
You are utilizing only one facet of all operational costs. It should
be remembered that the Bureau may not have its direct appraisal on only
the operating cost statement of the individual company concerned. The
Bureau is under instructions to obtain operational costs from several as
nearly as comparable operations and to average these costs for use in
its stumpage reevaluation studies. There does appear to be some
difference in the costs used by the Bureau from those you reported.
However, we are persuaded that the Bureau is endeavoring to obtain a
fair sampling of costs from comparable operations.
You state that your company has consistently objected to the use of
log grade percentages in any studies other than the log grade
percentages stipulated for use by the contract. Section 9 of the
contract provides:
"THE PORTLAND AREA DIRECTOR of the Bureau of Indian Affairs or his
duly authorized representative, hereinafter called the Area Director,
shall obtain from the Pacific Northwest Loggers Association, through its
published reports or otherwise, the average sales prices of logs in the
Grays Harbor, Puget Sound, and Columbia River log markets from each
quarterly period during the life of this contract or any extension
thereof, and shall calculate the average log price of each species on
the same basis of log grade percentage as those used in determining
basis of log grade percentage as those used in determining the weighted
average log prices stipulated in Section 8, or the percentage which may
be subsequently established under the provisions of Section 10, shall be
applied to the calculated Grays Harbor-Puget Sound-Columbia River
average log prices for the preceding quarterly period, and the saw
timber stumpage rates for each species
so determined shall be the rates to be paid for timber actually
scaled during such given quarterly period."
The appellant claims that any studies should be related to the log
grade percentages established under the provisions of Section 9. The
Bureau, in its Stumpage Reservation Report of 600517, has used the log
grade percentages of the actual cut during the three loging years
immediately preceding the study. The Bureau believes that such a
procedure will result in stumpage values that currently reflect the
quality of timber being logged.
I am persuaded that the Bureau has full authority under Section 10 of
the contract to utilize log grade percentages which will determine
insofar as practicable, what the current value of the stumpage may be.
This is the basic objective of the review provided for under Section 10.
You state that the Bureau is guilty of irresponsible administrative
practice when it changes the profit and risk factors used in its direct
appraisal. The appellant indicates that the Bureau originally used a 15
percent profit and risk factor for all species and continued the use of
that same factor until 550000, when the Bureau studies then used a 15
percent factor only for cedar and 12 percent for all other species. You
also state that the 600517, stumpage Reevaluation Report has assumed
that the contract was made on the basis of an approximate 10 percent
profit and risk factor.
It is true as contended that the appraisal study made by the Bureau
of Indian Affairs prior to the original advertisement of the contract,
used a 15 percent profit and risk factor for all species. This 15
percent was applied to the estimated production cost exclusive of the
cost of the stumpage itself. Subsequently, the Bureau of Indian Affairs
adopted a commonly accepted procedure of including the cost of stumpage
as a part of the production cost and this change resulted in lowering
the percentage of profit and risk allowance. If the original appraisal
had included stumpage as an item of cost, the profit and risk allowance
would have been about 11.45 percent. A further adjustment from the time
of appraisal to the time of sale was made producing a profit and risk
factor of 10.45 percent. In my judgment, for the purpose of those
studies, the adjustment in the profit and risk factor was appropriate.
You referred to Section 9 of the contract (quoted above) wherein
three log markets are used to determine the average value of logs in the
quarterly adjustments and questioned the right of the Commissioner to
utilize any markets other than the three mentioned in Section 9, and
furthermore, state that if it is proper to use only two markets (Grays
Harbor-Puget Sound) then why is it not more proper to use only the Grays
Harbor market because that is the only market in which logs from the
contract area are sold.
Again I am persuaded that the Commissioner in his review of stumpage
rates as provided for the Section 10 must at all times use his best
judgment as to how to obtain fair values for the stumpage under
contract. Accordingly, I see no objections to using two log markets or
even one log market in the director appraisal, if either two or one log
market appears to be proper in the judgment of the Commissioner in
endeavoring to obtain an accurate value for the stumpage.
You contend log prices used in the studies for adjustment under
Section 10 of the contract should start as a base with the third quarter
of 510000 as required under Section 7 for the automatic quarterly
adjustments. Rayonier bid for the stumpage on 520617 and the contract
was approved on 520620. On 520701, new rates went into effect under the
estimated quarterly adjustment feature of the contract. For purposes of
studies under Section 10 of the contract the use of second quarter,
520000, prices is proper as they were the ones existing at the time the
contract was entered into and the company was well aware of those log
values even thought the index was not yet published. It is not to be
expected that the company would bid on the basis of market conditions
existing during the third quarter of 510000.
Careful consideration has been given to the objections you have
presented. I have concluded the Commissioner of Indian Affairs
proceeded under the terms of Section 10 of the contract in his review
and that there is in the record adequate support for the changes he made
in stumpage ratios. Rather than the Commissioner having acted
arbitrarily, capriciously and with gross abuse of discretion as charged,
I believe he has used good judgment in establishing warranted new
ratios. Accordingly, your appeal is denied and the decision of the
Commissioner is affirmed.
Sincerely yours, (Sgd) John A. Carver, Jr. Acting Secretary of the
Interior
Mr. L.J. Forrest Manager Northwest Timber Division
Rayonier Inc. P.O. Box 539 Hoquiam, Washington
cc: Secretary's Reding File Area Director, Portland Supt. Western
Washington Agency Commissioner, BIA Salicitor IM Mr. Edwards
HEL-012-0541-0547
HEL-012-0541-0547
FORREST, L J RAYONIER INC
630814
CORRESPONDENCE
CARVER, JOHN A DOI OFF OF THE SCTY
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY
Washington 25, D.C.
630814
Dear Mr. Chairman:
You are certainly more than justified in the criticism reflected in
your letter of 000809, concerning the Rayonier and Aloha appeal cases.
In explanation, it can only be stated that the complex issues involved
have required extensive legal and policy consideration and an
opportunity for uninterrupted analysis by a secretarial officier. We
have simply not had the time for the latter step due to the sheer
pressures imposed by other demands.
Your reminder is sufficient to put the matter at the top of our
agenda and a decision will issue as soon as a proper evaluation can be
made.
Sincerely yours,
(Sgd.) John A. Carver, Jr. Assistant Secretary of the Interior
Hon. Henry M. Jackson Chairman Committee on Interior and Indian
Affairs United States Senate Washington, D.C.
HEL-012-0548-0548
HEL-012-0548-0548
JACKSON, HENRY M US SENATE
630730
CORRESPONDENCE
CROW, JOHN O DOI BIA
Forestry 3585-62
Hon. Henry M. Jackson Chairman, Committee on Interior and Insular
Affairs United States Senate Washington 25, D. C.
Attention: Mr. Richard Falknor
Dear Mr. Chairman:
We refer to our letter of 630618, addressed to you and signed by Mr.
Paul Hand, Deputy Assistant Commissioner, concerning timber activities
and stream pollution on the Quinault Indian Reservation.
On page 2, paragraph 3, of our letter, we indicated that to the best
of our knowledge no purchasers of Indian timber are obtaining sand and
gravel from stream beds which are under the jurisdiction of the Bureau.
We said we would call this item to the attention of the Superintendent.
Our statement with reference to gravel apparently was not entirely
accurate.
The Superintendent reports that the Aloha Lumber Corporation does
take gravel from the bars on the Quinault River, since this is the only
practicable source for surfacing roads on the Taholah Logging Unit.
This gravel is taken in accordance with an agreement reached with the
Quinault Business Committee that provides for protection of salmon
spawning beds. This agreement was reached as a result of a meeting with
tribal, Bureau and company representatives held on 621004. As a result
of the discussion, an understanding was reached that the company would
take gravel from the river between 001101 and 001231 (spawning season)
only in emergencies and only after consulting with the tribal officials.
During other periods gravel will be taken, using due care to maintain
effective barriers between the gravel pits and the river to prevent
silting. It was also agreed that, in case of complaints from any
fishermen, the Business Committee will immediately call the Aloha
Corporation and a joint investigation will be made. If a complaint is
justified, action will be taken to correct the situation.
A formal agreement acknowledging the above conclusions and conditions
has not been received from the Tribal Business Committee, although the
Bureau is operating under them. In view of the question which have been
raised, the Superintendent is attempting to clarify the situation with
further discussions.
Sincerely yours,
(Sgd) John O. Crow Acting Commissioner
cc: Area Director, Portland, Oregon (2) 300 Bureau Surname Forestry
File #3882-62 Forestry Chrony Mailroom Chrony Holdup
HEL-012-0549-0550
HEL-012-0549-0550
JACKSON, HENRY M US SENATE
630731
CORRESPONDENCE
WERSHING, HENRY F BIA BR OF FORESTRY
Forestry 3585-62
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON 25, D.C.
630731
Memorandum
To: Files
From: Henry F. Wershing, Acting Chief, Branch of Forestry
Subject: Information provided to Robert Wolf, Staff Member, Interior
and Insular Affairs Committee, U. S. Senate, for use by Senator Jackson.
In response to a telephone request relayed to the Branch of Forestry
I called Mr. Robert Wolf and asked him what information was desired.
The following information was provided to him over the telephone
regarding stumapge rates:
Crane Creek Unit:
Table not keyed, see original
I also informed Mr. Wolf that new ratios were established on 610401.
In some cases the new ratios were below those in dispute in the appeals
by Rayonier and Aloha but we were collecting on the basis of the old
ratios. For the new ratios which were higher than the old the
difference was being held in a holding account.
He was also informed that as of 630726, the amount in dispute with
Rayonier was $35,596.76 and with Aloha $11,759.46.
With reference to the disputed amounts bearing interest I asked Mr.
Norwood, Chief, Branch of Budget and Finance about the situation. In
accordance with information received from Mr. Norwood I told Mr. Wolf
that amounts of money on deposit at the Western Washington Agency are in
accounts of the Special Disbursing Agent. Usually those part of the
funds which are apt to remain in the SDA account for a period of time
are placed in deposit so as to bear interest. It is not always possible
to tell exactly which dollars are bearing interest but for the overall
fund the interest goes to the credit of the Government. Where funds are
not particularly designated for specific accounts the interest on such
funds under an Act of 260000 are subject to use for the benefit of the
Indians of the reservation. The funds in dispute in this case are not
drawing interest for the particular allotters concerned.
Henry F. Wershing Acting Chief, Branch of Forestry
HEL-012-0551-0552
HEL-012-0551-0552
FILES
630722
CORRESPONDENCE
CROW, JOHN O DOI BIA
Forestry 3582-62
Hon. Henry M. Jackson Chairman, Committee on Interior and Insular
Affairs United States Senate Washington 25, D. C.
Attention: Mr. Richard Falknor
Dear Mr. Chairman:
This responds to your telephone request of 000709 for information
concerning income, from timber sales on the Quinault Reservation, that
is not being disbursed to those who are normally entitled to receive
such income.
Effective 600701, the Commissioner of Indian Affairs increased the
stumpage-to-log price ratios of the Crane Creek and the Taholah Logging
Unit contracts. These ratios are used as a basis for automatic
quarter-annual adjustments of stumpage ratios in these contracts. The
increase in ratios had the effect of increasing the level of all
subsequent quarter-annual adjustments of the stumpage rates.
Both companies appealed to the Secretary from the Commissioner's
action, and the appeals are presently under consideration in the
Department.
Both companies are being charged for stumpage, as it is cut, at the
higher stumpage rates established by the Commissioner's action, but
disbursement to those entitled to the timber income is being made at the
lower rates that will prevail if the appeals are upheld. The
undistributed balances will eventually be repaid to the companies, if
their appeals are sustained, or will be paid to the individuals entitled
thereto if the appeals are not sustained.
We shall be glad to inform you when final action is taken on the
appeals.
Sincerely yours,
(Sgd) John O. Crow Acting Commissioner
cc: 300 Bureau Surname Forestry Chrony Mailroom Chrony File 3882-62
HEL-012-0553-0553
HEL-012-0553-0553
JACKSON, HENRY M US SENATE
630719
CORRESPONDENCE
HOLTZ, R D BIA PORTLAND
Forestry 611020 339.5 Gen. Supv.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
630719
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Attention: Branch of Forestry
Sir:
In his letter dated 630710, Mr. Kephart, Chief, Branch of Forestry,
requested our comments on timber sale contract matters referred to in
Deputy Assistant Commissioner Hand's letter to Senator Jackson dated
630618.
Enclosed is a copy of letter from Superintendent Felshaw dated
630717, to the Area Director, and a letter from him to Mr. Horton
Capoeman, Chairman, Quinault Tribal Business Committee, dated 621009.
We have little to add to the information presented by Mr. Felshaw in
his letters. The question of the Bureau's responsibility and authority
for enforcing timber cutting regulations on alienated lands within the
Quinault Reservation has been referred to the Regional Solicitor's
office. When further information is received from the Regional
Solicitor, we shall forward it to you.
We shall plan to discuss this matter further with Mr. Kephart when he
visits this area.
Sincerely yours,
Area Director
Enclosures (2)
cc: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-0554-0554
HEL-012-0554-0559
COMM DOI BIA BR OF FORESTRY
630717
CORRESPONDENCE
FELSHAW, GEORGE M W WASH AGENCY
RECEIVED
630717 BUREAU OF INDIAN AFFAIRS PORTLAND AREA
Forestry 611020 339.5 Gon. Supv.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
In your letter of 630712, you request our comments on matters
concerning activities on the Quinault Indian Reservation which are the
subject of a letter dated 630618, to Senator Jackson, from Paul Hand,
Deputy Assistant Commissioner.
We have nothing to add on the subject of interest payments. Neither
can we add anything to Mr. Hand's comments concerning attempts to
organize committees to represent allotment owners on the Crane Creek and
Taholah Units.
On the subject of stream pollution, Mr. Hand was correct in his
assumption that timber contract provisions are being enforced. It must
be admitted that enforcement of stream pollution requirements was not as
strict in years past as we now feel is necessary. This is evident from
the mass of debris recently removed from the Moclips river in an area
that was logged during the 1920's and 30's. This does not mean that the
contract regulations were not enforced in prior years. The
interpretation of the regulations has changed with increased knowledge
of the requirements of the salmon runs. The question as to the
enforcement of these regulations on privately owned lands within the
reservation has not yet been answered. In these cases we have had
excellent cooperation with State officials and the private operators.
The strearm are being cleared following logging operations.
This question of control of streams on foe lands also affects the
question of taking gravel. Since the Quinault and Queets rivers are
meandered streams, the stream beds are considered to be the property of
the Quinault Tribe. We control the taking of gravel from these stream
beds in cooperation with the Quinault Tribal Business Committee.
The Aloha Lumber Corporation does take gravel from the bars on the
Quinault River. This is the only practicable source of gravel for
surfacing logging roads on the Taholah Unit. Gravel is taken in
accordance with an agreement reached with the Quinault Business
Committee that provides for protection. (See letter of 631009, to Mr.
Horton Capoeman, Chairman, Quinault Tribal Business Committee, from
George M. Felshaw, Superintendent.)
The agreement reached between the Aloha Corporation and the Quinault
Business Committee on 621004 has not been endorsed in writing by the
Business Committee. However, we have been operating in accordance with
the provisions as set forth in our letter of 000712. In so far as we
can determine, operations as now conducted are satisfactory to all
parties concerned.
Over the years, logging contractors have taken gravel from
tribally-owned sources without payment, for use on logging roads within
units under contract. We believe Section 12 of the "General Timber Sale
Regulations" has been interpreted to include such use. In so far as we
can determine no question of this practice had been raised until quite
recently.
We have received no formal acknowledgement from the Quinault Business
Committee to our letter of 620709, but gravel operations by the Aloha
Corporation have been regulated in accordance with the understanding as
set forth in that letter. Since the Quinault Tribe is a party to the
Taholah Timber Contract, we have felt that Section 12 of the General
Timber Sale Regulations covered the situation.
However, in view of the questions that have been raised, we now
propose to further clarify the situation by undertaking to secure a
Council Resolution specifically providing for the taking of gravel from
the Quinault River bars in accordance with the above cited
understanding. If the present Business Committee is not in agreement
with that understanding, further discussions between the interested
parties may be necessary.
We also control the taking of gravel from trust allotments with the
consent of the allotment owners. We recall no occasion when gravel has
been taken from a stream bed on a trust allotment but there probably
have been such occasions.
We have not attempted to control the taking of gravel from fee lands
and do not know whether gravel has been taken from unmeandered stream
beds on such lands. We believe a legal revue is necessary in such cases
to determine the ownership of the stream beds and to determine if there
are Federal or State Laws that might govern the situation.
Sincerely yours,
George M. Felshaw Superintendent
Enclosure
HEL-012-0555-0557
HEL-012-0554-0559
HOLTZ, R D BIA PORTLAND
621009
CORRESPONDENCE
FELSHAW, GEORGE M W WASH AGENCY
Forestry 319.5 Talolah
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
621009
Mr. Horton Capoeman, Chairman Quinault Tribal Business Committee
Taholah, Washington
Dear Mr. Capeman:
We are writing to confirm our understanding of the agreement reached
between Quinault Tribal Representative and the Aloha Lumber Corporation
at a meeting held at Aloha on 621004. Present at this meeting were the
following:
Tribal Representatives
Horton Capoeman W.D. Petit James Jackson
Aloha Lumber Corporation
Mrs. Louise Creenstreet C.M. Logan
Bureau of Indian Affairs
John W. Libby Don W. Clark
The meeting was called to reach agreement on conditions under which
the Aloha Lumber Corporation could take the gravel from Quinault River
bars for use on its logging roads in the Taholah Unit. Mr. Libby opened
the meeting with a statement to the effect that we would all recognize
that Aloha has to have gravel for its logging roads, and that the only
practicable source for the needed gravel in the Quinault River. This
statement was apparently accepted and the meeting was opened for
discussion.
After a thorough discussion by all present, it was agreed that Aloha
Lumber Corporation had taken gravel from the river during recent years,
with few exceptions, in accordance with an earlier agreement with the
tribe. However, there had been complaints from some members of the
tribe that the gravel operations caused disturbances in the water and
interfered with fishing operations. Particular concern was expressed as
to adverse effects the gravel operations might have on the spawning of
dog salmon. The spawning season for this fish is generally between
001101 and 001221 each year.
As a result of the discussion, an understanding was reached to the
effect that Aloha would take gravel from the river between 001101 and
001231 only in emergencies and only then after consulting with the
Tribal Officials. During other periods gravel will be taken, using due
care to maintain effective barriers between gravel pits and the river to
prevent silting. It was also agreed that in case of complaints from any
fisherman, the Business Committee will immediately call the Aloha
Corporation and a joint investigation will be made. If a complaint is
justified, motion will be taken to correct the situation.
Finally, it was agreed that Aloha would take gravel from the river,
without charge, in recognition of the benefits to the reservation
resulting from the development of the roads and the cooperation extended
to the tribe's efforts to establish a fish hatchery and in other tribal
enterprises.
We will appreciate your confirmation of the above if you are in
agreement. In such case please provide us with a Council Resolution
incorporating the above or simply sign the attached copy as indicated
and return it for our files.
Sincerely yours, (Sgd) George M. Felshaw Superintendent
Concur: Quinault Tribal Business Committee
Date Chairman
Date Secretary
cc: Hans Jensen, PAO Forestry, PAO Hoquiam
HEL-012-0558-0559
HEL-012-0554-0559
CAPOEMAN, HORTON QUINAULT TRIBAL BUSI
630709
CORRESPONDENCE
HAND, PAUL DOI BIA
Forestry
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz
We have received, through the Assistant Solicitor's office, a letter
of 630518, to the Secretary from Mr. Malcon S. McLeod, Attorney of
Seattle Washington. Enclosed with it was a copy of "Answers of
Defendant following each Interrogatory" in the case of Rayonier, inc.,
vs. Arthur Yerkes and Jane Doe Yerkes his wife in the United States
District Court, Western District of Washington.
If a copy of this document has not been sent to your office, we
suggest that you obtain one from Mr. McLeod. Several Bureau employees
and former employees, of Western Washington Agency and the Portland Area
Office, are named as individuals having knowledge of the facts asserted.
Sincerely yours, (Sgd) Paul Hand Deputy Assistant Commissioner
cc: 300 Bureau Surname Forestry Chrony Mailroom Chrony Holdup
GSKephart:rtw 630709
HEL-012-0561-0561
HEL-012-0561-0561
HOLTZ, ROBERT D BIA PORTLAND
630710
CORRESPONDENCE
KEPHART GS BR OF FORESTRY
Forestry 3585-62
AIRMAIL
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
On 630618, a letter was addressed by Deputy Assistant Commissioner
Hand to Senator Jackson in answer to inquiries from mr. Falknor of his
office concerning certain activities on the Quinault Indian Reservation.
Copies of that letter were sent to you.
In view of Senator Jackson's active interest in Quinault Reservation
activities, please let us have your comments on timber sale contract
matters referred to in the letter of June 18.
Sincerely yours,
George S. Kephart
George S. Kephart Chief, Branch of Foresty
cc: Bureau Surname Forestry Chrony Mailroom Chrony Holdup
RLHanshew:rtw 630709
HEL-012-0562-0562
HEL-012-0562-0562
HOLTZ RD US DOI BIA ORE
630709
CORRESPONDENCE
KEPHART, GEORGE S BR OF FORESTRY
Forestry 3585-62
630919
Mr. Earle Wilcox Area Forester Bureau of Indian Affairs P. O. Box
3785 Portland 8, Oregon
Dear Earle:
Your letter of 630219, about the Crane Creek and Taholah stumpage
rates has been with us for a long time. We have considered it from time
to time without arriving at any definite conclusions. Although we have
discussed this among ourselves, we have not talked to you about it.
Henry will be in Kalispell, Montana, during the first week in August
and plans on spending a few days with you in Portland, probably about
000812 - 000814. He will be on his way to Gallup to assist in a
stumpage appraisal for the Navajo Reservation and will be interested in
obtaining information concerning cost and product value data as well as
procedures which may be applied to the Navajo timber.
In connection with the Crane Creek and Taholah Units it might be
desirable to gather what data you can so you can study it with Henry,
and arrive at a tentative conclusion as to what procedure we might
consider. There are some faint indications that the pulp industry is
faring somewhat better than in the past, and may do even better in the
future. This, however, should not influence us in what we do at the
present time. It serves to point up the desirability of being in a
position to consider some action in the event it is necessary.
Presently the stumpage rates must be adjusted according to the trend of
economic conditions, and this is limited to once each year. You may
also have some ideas with regard to a system of quarterly adjustments
which could consider and, if appropriate, eventually present to the
companies.
Sincerely yours,
George S. Kephart Chief, Branch of Forestry
cc: Bureau Surname Forestry Chrony 3882-62 Mailroom Chrony Holdup
HFWershing:mjm 630708
HEL-012-0563-0563
HEL-012-0563-0563
WILCOX, EARLE BIA PORTLAND
630518
CORRESPONDENCE
MCLEOD, MALCOLM S YERKES, ARTHUR A
Malcolm S. McLeod ATTORNEY AT LAW NORTON BUILDING Seattle 4.
Washington MUTUAL 2-0970 MAIN 4-5082
INTERIOR DEPT 630522 SOLICITOR
630518
Re: No. 2716 = Civil Action
Copies of: Answers to Interrogatories Rayonier, Inc. VS Arthur
Yerkes
Secretary of Interior Washington 25, D. C.
RECEIVED 630705
Gentlemen:
We are forwarding this to you for your information.
Cordially, Malcolm S. McLeod
MSM:mlb
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON SOUTHERN
DIVISION
RAYONIER INCORPORATED,
Plaintiff,
vs.
ARTHUR YERKES, and JANE DOE YERKES, his wife,
Defendant.
NO. 2716
ANSWERS OF DEFENDANT FOLLOWING EACH INTERROGATORY
Plaintiff propounds the following interrogatories under the
provisions of Rule 33, Federal Rules of Civil Procedure.
Definitions
Unless otherwise specified:
A. Interrogatories requesting the "factual basis" of any allegation
shall in each case be construed as including the request that the
answer:
state the names and addresses of all persons having knowledge of the
facts, as that term is defined below, regarded as supporting such
allegation and state or describe in detail the facts of which such
persons, respectively, have knowledge; state or describe in detail all
other facts claimed to support such allegation; designate and describe
all records, as that term is defined below, that are claimed to support
such allegation; state the location and nature of such records and
identify the person having custody thereof.
B. The term "facts" means all evidence, all information and data of
which anyone has testimonial knowledge, all tangible physical objects
that could be produced and offered as evidence in a court of law, and
all evidence in any other form; all irrespective of any question as to
the admissibility thereof.
C. The term "records" means documents of any and all kinds and
descriptions including for example letters, writings, memoranda,
diaries, notations, files, reports, publications, photographs, maps,
diagrams, photostats, recorded transcriptions (telephonic or otherwise),
communications (telegraphic or otherwise), minutes or memoranda of
meetings, journals, ledgers, accountants' work papers, income tax
returns, reports or returns to the State Tax Commission and any other
reports to any state or federal agency.
D. The facts and records sought to be disclosed by these
interrogatories are not limited to those within the knowledge of the
party to whom they are propounded but include those that are within the
knowledge of the agents, servants, employees and attorneys of such party
and are not privileged.
DEFENDANT ANSWERS INTERROGATORIES AS FOLLOWS:
Int. No. 1:
State the factual basis for "the Western Washington Indian Agency and
the United States of America had no authority of any nature whatsoever
to grant any right-of-way."
Answer No. 1
The Indian Agency and the Government failed to obtain the permission
or authority of Arthur Yerkes.
Witnesses;
(1) Defendant
(2) J. Yerkes, P. O. Box 162, Cosmopolis, Washington
(3) John Libby, Western Wash. Indian Agency, Everett, Wn.
(4) John Vaninetti, West. Wash. Indian Agency " "
All documents Exhibits 1 through 20 herein legally ineffective.
Answer No. 2
The right-of-way was obtained by false representations by Rayonier
and United States Government that they had a valid and subsisting
authority from defendant for the right of way when in truth and in fact
they had no legal authority because the authority had been revoked and
in any event had expired years before it was used. Witnesses,
defendant, J. Yerkes and officials as set out in Answer No. 1 above.
Interrogatory No. 3:
State the factual basis for the allegation in paragraph IV of your
Answer that "said logging road described therein across the land of the
defendant +++ was obtained by misrepresentation and fraud."
Answer No. 3
Same as Answers No. 1 and No. 2.
INTERROGATORY NO. 4:
State the factual basis for the allegation in paragraph V of your
Answer that "the contract to purchase defendant's timber and the
right-of-way was obtained by misrepresentation and fraud."
ANSWER NO. 4:
Same as Answers No. 1, No. 2 and No. 3 and the timber scale was
falsely reported as to volume removed and plaintiff used false brands to
steal defendant's timber after it was felled and bucked. Witness:
Defendant, Wayne Spaulding, Cosmopolis, Washington, Forester McKeever,
Hoquiam, Wash. Forester Earl Wilcox, B.I.A. Portland, Oregon;
Forester Gordon Graham, State of Washington, Dept. of Forestry, Forester
Don Clark, B.I.A. Hoquiam, Wash. Forester I. Beal, University of
Washington, Greenacres, Inc; Gordon Moore, Rural Route, Elma,
Washington, Forester Gene Neva, (cruiser and scaler) Hoquiam,
Washington.
Interrogatory No. 5:
State the factual basis for the allegation in paragraph V of your
Answer that "plaintiff has no legal right to the right-of-way."
ANSWER TO NO. 5
See Answers Nos. 1, 2, 3, 4, and defendant's proof shows he revoked
all authority to convey his timber and that documents used had expired.
INTERROGATORY NO. 6:
State the factual basis for the allegation in paragraph V of your
Answer that "the plaintiff has no legal right +++ to the timber which
they have removed from the said premises."
ANSWER TO NO. 6:
Answers No. 1 through No. 6 and plaintiff falsely branded defendant's
logs in the course of its scheme and device to defraud defendant. Then
defendant was given false scale reports of the volume removed from his
allottment by plaintiff.
Witnesses: Defendant; Wayne Spaulding (address above); Mike Arnold
Markle, Cosmopolis, Washington; J. C. Yerkes, Cosmopolis, Washington;
Joseph Hillaire, Marietta, Washington; Ray Harlow, Moclips, Wash.;
Robert Koble, Humptullips, Washington; Lawrence Joe, Sedro Wolley,
Washington; Al Elkin, Central Park, Aberdeen, Washington; Onie
Packerson, B.I.A. Hoquiam, Washington; A. Wing, B.I.A. Hoquiam,
Washington; George Sievers, B.I.A., Hoquiam, Washington; Salvage
Officer; C. W. Ringey, John Libby, B.I.A. Everett, Washington.
DOCUMENTS: All exhibits in the file to date, scale reports, cruises
and data in B.I.A. office.
PICTURES: Photographs (8) of false brands, false scales at Jones &
Jones Studio, Aberdeen, Washington.
INTERROGATORY NO. 7:
State the factual basis for the allegation in Paragraph VI of your
Answer that "plaintiff had no right to the right-of-way across
defendant's real property."
ANSWER TO NO. 7:
Answers Nos. 3,4,5 and 6. The so-called "Power of Attorney" is
legally insufficient in that it is not acknowledged. It is improperly
executed, is incomplete, is incomplete and was not signed before a
Notary Public, but was in fact notarized by the notary outside of the
presence of defendant and it is not defendant's signature thereon. That
because of these and other defects, plaintiff has no right to the
right-of-way.
INTERROGATORY NO. 8:
State the factual basis for the allegation in paragraph VI of your
Answer that "plaintiff +++ had no right to the timber which they removed
from the right-of-way and from the Allotment No. 1447."
ANSWER TO NO. 8:
Answers Nos. 4,5,6 and 7. The sale to plaintiff was made without
defendant's consent on the basis of the invalid documents heretofore
described in Answer 4. That all of the documents used to purchase the
right-of-way timber and the timber on Claim 1447 were defective for the
reasons previously stated particularly in Answer No. 4.
Witnesses: Same as Answer No. 4.
Documents: Same as Answer No. 4.
INTERROGATORY NO. 9:
State the factual basis for the allegation in paragraph VI of your
Answer that "defendant should be allowed damages for every board foot of
timber and every vehicle that has passed over his premises since the
right-of-way was seized and unlawfully held and detained by plaintiff."
ANSWER TO NO. 9:
See Answers Nos. 4, 5, and 6 also plaintiff has charged third parties
from .25[ per 1,000 Bd. Ft. to $1.25 per bd. ft. for hauling their
timber over defendant's property and therefore each load is an
additional trespass over defendant's property.
Witnesses: Same as Answer No. 4.
Documents: Same as Answer No. 4.
INTERROGATORY NO. 10:
State the factual basis for the allegation in paragraph VI of your
Answer that "the defendant should be allowed treble damages against the
plaintiff for every trespass on the premises and for every board feet of
timber removed therefrom.
ANSWER TO NO. 10:
Plaintiff has wrongfully appropriated defendant's right-of-way and
timber as previously stated in Answers Nos. 1 through 9 and the Law of
the State of Washington allows treble damages for each board foot of
timber wrongfully removed by false brands, false scales or any other
means whereby defendant's timber was removed by trespass.
INTERROGATORY NO 11:
State the factual basis for the allegation in paragraph VII of your
Answer that "the plaintiff has over-reached the defendant."
ANSWER TO NO. 11:
The Answers Nos 1 through 9 and defendant is a poor, ignorant,
uneducated Indian while plaintiff is a multi-million dollar
International Corporation with virtually limitless resources. The false
branding and short scaling of which defendant complains were not
remedied by the Bureau of Indian Affairs, although defendant complained
and plaintiff was notified but failed and refused to adjust the
stumpage, or scale paid to defendant for his timber as defendant has
stated in his deposition.
Witnesses: A. Yerkes, J. Yerkes, Gene Neva, and others listed in
Answer No. 4.
Documents: Exhibits on file and cruises made by A. Yerkes, J. Yerkes
and B.I.A. foresters. Cruises in possession of A. Yerkes and J. Yerkes
at Amanda Park, Washington. Cruises made by B.I.A. at Office of Western
Washington Indian Agency.
Interrogatory No. 12:
State the factual basis for the allegation in paragraph VII of your
Answer that "plaintiff +++ by unlawful and illegal means has seized
defendant's timber to his damage in the sum of Sixty Thousand Dollars."
ANSWER TO NO. 12:
Answers Nos. 1 through No. 11; The defendant's cruises show that
there was 4,000,000 board feet of merchantable timber on the Claim 1447
while plaintiff reports it removed less than 1,5 million board feet.
Witnesses: A. Yerkes, J. Yerkes, Gena Neva, Gordon Graham.
Documents: Government scales of 160000 and 500000 through 570000 at
B.I.A. Office, Hoquiam, Washington. Scales of Dept. of Agriculture and
plaintiff at B.I.A. Office Hoquiam, Washington. Also defendant's scales
of Claim No. 1447 at Amanda Park, Washington.
INTERROGATORY NO. 13:
State the factual basis for the allegation in paragraph VII of your
Answer that defendant is or was in the position of "incompetence."
ANSWER TO NO. 13:
Defendant has an education comparable or rated with the third grade
or lower and is unschooled in business dealings in transactions
involving sums in excess of $1,000.00 and is totally incapable of
intelligently negotiating any transaction of this magnitude. That in
his deposition defendant related that he "complained to the B.I.A.
officials" and complained to plaintiff's officials on the spot, when he
discovered the short scales, false branding and excessive breakage while
the claim was in the process of logging. That defendant is a "blanket"
or reservation Indian and is unlettered in business or finance and is a
ward of the United States of America.
Witnesses: A. Yerkes, Jim Yerkes, B.I.A. officials as listed in
Answer to Question No. 4.
Documents: A. Yerkes has records of his meager education and
wardship of the United States of America. Also files of B.I.A. on which
defendant was deposed at B.I.A. office and office of plaintiff's
attorney.
INTERROGATORY NO. 14:
State the factual basis for the allegation in paragraph VIII of your
Answer that "plaintiff has fraudulently and unlawfully fleeced the
defendant of his birthright."
ANSWER TO NO. 14:
Plaintiff has used the defective documents and false brands and
scales to obtain defendant's 4,000,000 board feet of timber and only pay
defendant for less than 1.5 million board feet. Plaintiff has
negligently logged and utilized defendant's timber resulting in loss to
him through waste, breakage, excessive slash and careless logging
procedures as outlined in great detail in defendant's deposition.
Witnesses: Same as Answer No. 4
Documents: Same as Answer No. 4.
INTERROGATORY NO. 15.
State the factual basis for the allegation in paragraph XI of your
Answer that "plaintiff should be required to respond in treble damages
for every board foot of timber removed from the premises and for every
trespass."
ANSWER TO NO. 15:
See Answers Nos. 1 through 13.
Plaintiff has wrongfully removed defendant's timber as heretofore
described and under the law of the State of Washington for timber
trespass defendant contends he is entitled to treble damages.
Witnesses: See Answer No. 4.
Documents: See Answer Nos 4 through 14.
INTERROGATORY NO. 16:
State the factual basis for the allegation in paragraph XI of your
Answer that "plaintiff should be required to respond +++ $3.00 a board
foot for every board foot of timber transported over the premises."
ANSWER TO NO. 16:
Defendant contends that the reasonable value of hauling timber over
his allotment is $1.00 per thousand. If the Court trebles these damages
defendant claims he is entitled to $3.00 per thousand under Washington
law.
Witnesses: Same as Answer No. 4.
Documents: Same as Answer No. 4.
INTERROGATORY NO. 17:
State the factual basis for the allegation in paragraph II of your
Further, Answer, Affirmative Defense, Cross-Complaint and Counter-Claim
("Counter-Claim" herein) that in 490000 an alleged power of attorney was
obtained "which is legally defective."
ANSWER TO NO. 17:
Same as Answer No. 7.
Witnesses: Same as Answers Nos. 4. 5. 6. and 7.
Documents: Same as Answers 4, 5, 6, and 7.
INTERROGATORY NO 18:
State the factual basis for the allegation in paragraph II of your
Counter-Claim that in 490000 an alleged power of attorney "was obtained
from the defendant through the misrepresentation of plaintiff."
ANSWERS TO 18:
Defendant contends that plaintiff used the document described in
Answer No. 7 and No. 17, when it knew that it was legally defective and
by unduly influencing B.I.A. officials to use these defective documents
as described in Answer No. 7.
Witnesses: Same as Nos. 4, 7, and 17.
Documents: Same as Nos. 4, 7, and 17.
INTERROGATORY NO. 19:
State the factual basis for the allegation in paragraph II of your
Counter-Claim that "shortly after the sale was to be concluded the
plaintiff forfeited the deposit made on the timber sale and that the
sale was thereafter cancelled."
ANSWER TO NO. 19:
Answer to Nos. 7, 17 and 18.
That the so-called power of attorney was given as the authority for
the first sale to plaintiff in 490000, which sale was cancelled and
plaintiff's deposit thereon was forfeited. Defendant contends that any
subsequent use of this document to effect a sale constitutes fraud by
plaintiff on the defendant.
Witnesses: Same as Nos. 1, 2, 3, 4, 7, 17 and 18.
Documents: Same as Nos. 1, 2, 3, 4, 7, 17 and 18.
Also B.I.A. documents at Everett, Washington and Portland, Oregon
Area Office covering the first sale and second sale to plaintiff.
INTERROGATORY NO. 20:
State the factual basis for the allegation in paragraph III of your
Counter-Claim that "the power of attorney so-called was not properly
acknowledged and was legally defective."
ANSWER TO NO. 20:
Answer to Nos. ;7, 17, 18 and 19.
Witnesses: Same as Nos. 1, 2, 3, 4, 7, 17, 18 and 19.
Documents: Same as Nos. 1, 2, 3, 4, 7, 17, 18 and 19.
INTERROGATORY NO. 21
State the factual basis for the allegation in paragraph III of your
Counter-Claim that "in 490000 the defendant cancelled and revoked the
alleged power of attorney.
ANSWER TO NO. 21
Same as No. 7, 17, 18, 19 and 20. Defendant personally called at
B.I.A. Office in Hoquiam, Washington in 490000 and ordered B.I.A.
officials to revoke his alleged power of attorney in 490000 prior to the
second sale to plaintiff.
Witnesses:
Same as Nos. 4, 17, 18, 19 and 20.
Documents: Same as Nos 4, 7, 17, 18 19 and 20.
INTERROGATORY NO. 22:
State the factual basis for the allegation in paragraph III of your
Counter-Claim that "the plaintiff unlawfully removed the timber from the
premises in general and the right-of-way on the so-called '9200 line'
and on the '9205 right-of-way'."
ANSWER TO NO. 22:
Same as answers to Nos 1, 2, 3, 4, 7, 17, 18, 19, and 20, 21.
Defendant contends Plaintiff had no authority to use or log the '9200
line and 9205 line' as previously stated herein.
Witnesses: Same as Nos. 20 and 21.
Documents: Same as Nos. 20 and 21.
INTERROGATORY NO. 23:
State the factual basis for the allegation in paragraph IV of your
Counter-Claim that "the fair market value of the timber removed was in
excess of $60,000.00."
ANSWER TO NO. 23: Same as Nos. 13, 14, 15, 16, and 17. Defendant
contends that the timber on 1447 was valued at approximately $1,000.00
per acre and Defendant paid less than 1/4 of its fair market value by
plaintiff.
Witnesses: Same as 4, 7, 17 and 18.
Documents: Same as 4, 7, 17 and 18.
INTERROGATORY NO. 24: State the factual basis for the allegation in
paragraph IV of your Counter-Claim that "the plaintiff used a 160000 log
scale."
ANSWER TO NO. 24: Defendant contends Plaintiff used as a basis for
its purchase of his timber a 160000 scale of the timber on Allotment
1447 which gave an extremely inaccurate volume of timber thereon,
Defendant was paid for a volume of timber which was 250,000 bd. feet
less than the 160000 price.
Witnesses: Same as 4, 7, 17, 18, 19 and 20.
Documents: Same as 4, 7, 17, 18, 19 and 20.
INTERROGATORY NO. 25:
State the factual basis for the allegation in paragraph IV of your
Counter-Claim that "using a proper scale there was in excess of
4,000,000 board feet valued in excess of $60,000.00."
ANSWER TO NO. 25:
Answers Nos 4 through 14 inclusive.
Defendants scales of volume on No. 1447 Allotment indicated a fair
market value of $1,000.00 per acre of 4,000,000 board feet on it in
570000 according to defendant's witnesses as set out in Answers Nos. 4.
Witnesses: Same as No. 4
Documents Same as No. 4.
INTERROGATORY NO. 26:
State the factual basis for the allegation in paragraph IV of your
Counter-Claim that plaintiff is liable "for its wrongful removing,
scaling, and trespass on the property of the defendant."
ANSWER TO NO. 26:
Answers same as Nos. 7, 17 and 18.
Witnesses: Same as No. 4
Documents: Same as No. 4.
INTERROGATORY NO. 27:
State the factual basis for the allegation in paragraph II of your
Counter-Claim, Second Cause of Action, that "the alleged power of
attorney +++ was cancelled and revoked in 490000 by the defendant."
ANSWER TO NO. 27:
Answer same as Nos 7, 17 and 18.
Defendant personally called at the B.I.A. office in Hoquiam,
Washington in 490000 and demanded that the Superintendent revoke his
power of attorney before any contract was entered into with plaintiff.
Witnesses: Same as Nos. 4, 7, 17 and 18.
Documents: Same as Nos. 4, 7, 17 and 18.
INTERROGATORY NO. 28:
State the factual basis for the allegation in paragraph II of your
Counter-Claim, Second Cause of Action, that the alleged power of
attorney was a "fraudulent document of which the plaintiff was well
advised."
ANSWER TO NO. 28:
Answer same as Nos. 7, 17, and 18.
Plaintiff knew or should have known that the alleged "Power of
Attorney" was patently defective on its face being incomplete (no
acknowledgement), improperly witnessed, improperly notarized (notary not
in presence of defendant), defendant not sworn.
Witnesses: Same as Nos 7, 17 and 18.
Documents: Same as Nos. 7, 17 and 18.
INTERROGATORY NO. 29:
State the factual basis for the allegation in paragraph II of your
counter-Claim, Second Cause of Action, that the alleged power of
attorney "was again illegally utilixed in 570000 to trespass and size
defendant's timber."
ANSWER TO NO. 29:
Same as answers No. 7, 17, 18, 27 and 28.
Plaintiff utilized the same documents, that is the invalid power of
attorney to enter upon defendant's allotment 1447 and remove timber and
build additional right-of-way without any permission of defendant and
after the revocation of all B.I.A. authority to deal with defendant's
property. Plaintiff knew or should have known of these defects which
are patently obvious on the face of the document in question (dated
490500).
Witnesses: Same as Nos. 4, 7, 17, 18, 19, 28 and 29.
Documents: Same as Nos. 4, 7, 17, 18, 19, 28 and 29.
INTERROGATORY NO 30:
State the factual basis for the allegation in paragraph III of your
Counter-Claim, Second Cause of Action, that plaintiff is liable for
"damages for the trespass, short scale, and unprofessional logging
operations."
ANSWER TO NO. 30:
Same as answers 4, 5, 6, 12, 14, 15, 16.
Witnesses: Same as Nos. 1,2, 3, 4, 5, 6, 7, 17 and 18.
Documents: Same as Nos. 1, 2, 3, 4, 5, 6, 7, 17 and 18.
INTERROGATORY NO. 31:
State the factual basis for the allegation in paragraph III of your
Counter-Claim, Second Cause of Action, that "Plaintiff caused in its
logging, excessive breakage, waste and inefficiency."
ANSWER TO NO. 31:
Same as answers 4, 5, and 6.
Plaintiff used "BUSHELERS" in logging defendant's claim 1447 and they
recklessly butchered the timber by falling and bucking on a "per M" or
per thousand basis. They felled trees over young growth and allowed
extremely high splintering and breaking of the large logs by their sheer
neglect. They sacrificed careful falling to protect the trees they were
falling and disregarded protection of young growth and careful falling
to prevent breakage, and they left excessive slash and debris on 1447.
Witnesses: Same as Nos. 1, 2, 3, 4, 5, 6, 13 and 14.
Documents: Same as Nos. 1, 2, 3, 4, 5, 6, 13 and 14.
INTERROGATORY NO. 32:
State the factual basis for the allegation in paragraph III of your
Counter-Claim, Second Cause of Action, that plaintiff is guilty of
"careless logging procedure causing destruction of merchantable timber
and young growth."
ANSWER TO NO. 32:
Same as Answer No. 31.
Large trees were splintered and broken by failure of the fallers,
("Bushelers") to carefully plan and execute falling techniques so that
no breakage would result and the maximum young growth would be
preserved.
Witnesses: Same as No. 31.
Documents: Same as No. 31.
INTERROGATORY NO. 33:
State the factual basis for the allegation in paragraph III of your
Counter-Claim, Second Cause of Action, that plaintiff is guilty of
"failure to provide or leave enough old growth for proper reseeding and
reforestation."
ANSWER TO NO. 33:
Same as answers to Nos. 30, 31 and 32.
Plaintiff stripped the premises of 1447 of all merchantable timber
and failed to leave enough trees or old growth to reseed areas from
which they stripped the timber and slashed the young growth. Much of
defendant's timber was wasted by improper utilization of the stand and
by "Busheling" by fallers and buckers. The evidence of this careless
logging procedure is still on the premises of 1447 where anyone can
inspect it. Plaintiff should have left at least twenty acres of old
growth to receed 1447, but they left prcatically nothing for reseeding.
Witnesses: Same as Nos. 30, 31, and 32.
Documents: Same as Nos. 30, 31, and 32.
INTERROGATORY NO. 34:
State the factual basis for the allegation in paragraph III of your
Counter-Claim, Second Cause of Action, that plaintiff is guilty of
"failure to remove or burn or dispose of in any manner the slash,
breakage and debris resulting from this illegal and profligate wasteful
logging procedure."
ANSWER TO NO. 34:
Answers same as Nos. 30, 31, 32 and 33.
Plaintiff failed to dispose of slash and debris in order that the
premises of 1447 be made ready for reseeding. Plaintiff dug huge holes
in 1447 and left great stacks of slash, debris and reject logs all of
which prevents proper reseeding and fosters forest fires. Plaintiff
failed to burn the slash and debris.
Witnesses: Same as Nos. 4, 5, and 6.
Documents: Same as Nos. 4, 5, and 6.
INTERROGATORY NO. 35:
State the factual basis for the allegation in paragraph III of your
Counter-Claim, Second Cause of Action, that plaintiff is guilty of
"total failure to comply with good, proper and workmanlike logging
procedure and practice".
ANSWER TO NO. 35:
Same as answers to Nos. 30, 31, 32, 33 and 34.
Witnesses: Same as Nos. 4, 4, and 6.
Documents: Same as Nos. 4, 5, and 6.
INTERROGATORY NO. 36:
State the factual basis for the allegation in paragraph III of your
Counter-Claim, Second Cause of Action, that plaintiff is guilty of
"total failure to comply with State, Federal Forest Service, Bureau of
Indian Affairs and the Quinault Tribal regulations, logging procedure,
regulations and removal of slash and reseeding".
ANSWER TO NO. 36:
Plaintiff failed to leave twenty acres of old growth for reseeding
1447 as required by State, Federal and Tribal timber regulations.
Plaintiff failed to burn or dispose of slash and debris, thus damaging
reseeding and creating a fire hazard on 1447.
a. R.C.W 76.08.040 and RCW 76.08.060 and all of chapter 76 requires
leaving trees for reseeding.
b. RCW 76.36 requires use of uniform brands which plaintiff violated
(See answers Nos. 1, 2, 3, 4, 5, and 6).
c. RCW 7636.110 describes penalties for false branding could result
in prosecution for a felony (See marks and brands RCW 76.36).
(Plaintiff used brands "S-3", "R-4", "R-5", "US", and "7" on logs
plaintiff removed from the premises of 1447.
Federal Regulations: BIA Timber Regulations.
a. Plaintiffhs violation fo the General Timber sale regulations as
follows:
Reg. #4: Plaintiff logged 1447 w3ithout a contract.
Reg. #6: Plaintiff has no title to timber removed from 1447.
Reg. #7: Plaintiff provided no advance and deposit.
Reg. #10: Plaintiff failed to selectively log to promote young
growth, but stripped 1447 of all timber.
Reg. #11: Plaintiff failed to remove snags and to properly utilize
defendant's timber on 1447
Reg. #13: Plaintiff destroyed all young growth on 1447 as described
in Answers 29, 30, 31, 32, 33, 34 and 35.
Reg. #14: Plaintiff allowed "bushelers" to cut stumps too high
allowing waste.
Reg. #15: (Same as for 14) but defendant was not paid for them.
Reg. #17: Plaintiff used improper log lengths resulting in waste of
defendant's timber.
Reg. #18: Plaintiff shorted defendant in excess of three million bd.
ft. on his allotment.
Reg. #19: Plaintiff allowed overlength on defendant's logs.
Reg. #20: Plaintiff used excessive or inaccurate deductions for rot
shake and hollow on 1447.
Reg. #21: No check scaler was used on 1447 on the premises.
Reg. #22: Logs improperly scaled and graded by plaintiff resulting
in loss to defendant.
REg. #25: Slash not properly gathered or burned ordisposed of by
plaintiff. See answers Nos. 30 thru 36.
Reg. #26: Burning of slash was neglected by Plaintiff leaving
defendant with fire hazard on 1447. (Still on 1447).
Reg. #27: Plaintiff has failed to dispose of slash, and all of its
operations on Crane Creek Unit should be suspended
Reg. 28: Plaintiff allowed two fires to start on defendant's 1447
claim through negligent logging operations (State Fire Marshall and
witnesses listed in Answers 4 and 5 and 6 will so testify.)
Reg. 33: Plaintiff has failed to clear right-of-way for 50 feet from
traveled portion on 1447.
Reg. 35: Plaintiff obstructed Lunch Creek and ruined defendant's
water supply by pollution and refuse while logging 1447 in 560000.
Reg. 47: Plaintiff has refused to employ defendant as provided in
#47.
Reg. 52 Plaintiff suspended operations on 1447 without authority and
left defendants timber on the ground from 000500 or 570600 thru 580000
until the price dropped 25%, causing loss to defendant.
Plaintiff has failed to observe the logging procedures of the U.S.
Department of Agriculture and the U. S. Forest Service which are
generally parallel to the foregoing regulations and defendant contends
that where the contract regulations and state laws to not cover the
logging on 1447, the U. S. Forestry regulations apply to give the
customary standard of care in logging procedures in the area.
(Defendant has been unable to obtain a copy of these regulations but
will furnish plaintiff a copy as soon as it arrives from the U. S.
Forest Service, Washington, D. C.)
INTERROGATORY NO. 37:
Referring to Interrogatory No. 37, state and identify with
particularity each of the regulations or procedures, specifying the
section or paragraph thereof, which it is alleged that plaintiff
violated.
ANSWER TO NO. 37:
Same as answers to Nos. 34, 35 and 36.
Witnesses: Same as Nos. 34, 35 and 36.
Documents: Same as Nos. 34, 35 and 36.
INTERROGATORY NO. 38:
State the factual basis for the allegation in paragraph III of your
Counter-Claim, Second Cause of Action, that "reckless and wasteful use
of bulldozers and loaders during yarding, bucking and loading resulted
in breakage, waste and damage to young growth".
ANSWER TO NO. 38:
Plaintiff mutilated and destroyed young growth by careless use of
dozers by running over young growth and falling and breaking on top of
young growth on 1447 as per the photographs of the Claim set out in
Answers 4, 5, and 6.
Witnesses: same as Nos. 6 and 36.
Documents: Same as No. 6 and 36.
INTERROGATORY NO. 39:
State the factual basis for the allegation in paragraph III of your
Counter-Claim, Second Cause of Action, that plaintiff is guilty of
"total failure to comply with any proper reseeding practice or procedure
including failure to leave an adequate stand for reforestation".
ANSWER TO NO. 39:
Same as answers to Nos. 30 through 39. Plaintiff left no trees for
reseeding when good practice, the sale regulations and state law
requires leaving 5% trees on the Claim 1447 to insure proper reseeding.
Witness: Since as Np. 6 and 36.
Documents: Same as No. 6 and 36.
INTERRAGORARY NO. 40:
State the factual basis for the allegation in paragraph III of your
Counter-Claim, Second Cause of Action, that "plaintiff has carelessly
gutted and butchered the timber on the premises leaving no possibility
of proper reseeding or regrowth for reforestation, leaving the premises
highly dangerous and susceptible to fire loss."
ANSWER TO NO 40:
Plaintiff left on 1447 excessive slash, debris, snags and refuse and
failed to prlperly dispose of same causing a dangerous fire potential as
revealed by the premises today, and photographs of same. See Answers to
Nos. 6 and 36.
Witnesses: Same as Nos. 6 and 36.
Documents: Same as Nos. 6 and 36.
INTERROGATORY NO. 41:
State the factual basis for the allegation in paragraph V of your
Counter-Claim, Second Cause of Action, that "the plaintiff because of
its hazardous logging procedures caused two fires to be started and five
(5) acres of defendant's timber acreage was burned over causing damages
of $3,000.00".
ANSWER TO NO. 41:
Same as Answers to Nos. 30 through 39. Plaintiff failed to properly
maintain their trucks and equipment so that sparks from their trucks and
equipment started two fires on the premises burning over five acres of
the 1447 damaging young growth valued at $3,000.001
Witnesses: State Fire Marshall (name unknown at this time.)
Documents: Report of State Fire Marshall on two fires, also report
of Rayonier and Tribal Officials on origin and investigation of these
fires (documents in possession of State Fire Marshall).
INTERROGARORY NO. 42:
State the factual basis for the allegation in paragraph VI of your
Counter Claim, Second Cause of Action, the "plaintiff because of its
reckless, careless methods of logging, yarding, bucking and use of
bulldozers has contaminated and elimated the water supply of the
defendants causing damages in the sum of $5,000.00
ANSWER TO NO. 42:
Plaintiff in 460000 and 570000 and 580000 from time-to-time
obstructed and dammed Lunch Creek, thus destroying defendant's w water
supply resulting in his having to haul water from three to five miles
for use at his home on 1447.
Witnesses: Arthur Yerkes and Jim Yerkes, Amanda Park, Washington.
INTERROGATORY NO. 43:
State the factual basis for the allegation in paragraph VII of your
Counter-Claim, Second Cause of Action, that "plaintiff fraudulently used
a false brand and an unlawful brand on the logs which were removed from
the premises and that the defendant was damaged in the sum of
$3,800.00".
ANSWER TO NO. 43:
Same as Answers Nos. 1,2,3,4,5,6,7,17 and 36. (False brands listed
in Answer #36).
Witnesses: Same as Nos. 1,2,3,4,5,6,7,17 and 36.
Documents: Same as Nos. 1,2,3,4,5,6,7,17 and 36.
INTERROGATORY NO. 44:
State the factual basis for the allegation in paragraph VII of your
Counter-Claim, Second Cause of Action, that "there are numerous other
Indian allottees similarly situated with similar rights which have been
usurped by plaintiff and a common relief is sought for all persons
similarly situated".
ANSWER TO NO. 44:
Defendant asserts all Indians in the Crane Creek logging unit have
been similarly damaged by Plaintiff and similar relief should be granted
to them under similar contracts with Plaintiff. All Quinault allottees
should be granted similar relief without additional litigation. Same
answers as Nos. 6 and 36.
Witnesses: Same as Nos. 6 and 36.
Documents: Same as Nos. 6 and 36.
INTERROGATORY NO. 45:
State each item of damages, including the amount thereof, prayed for
by defendant.
ANSWER TO NO. 45:
Same as Answers Nos. 6 and 36.
a. Loss of timber ..........$60,000.00 (See Answers
11,12,13,14,16,25 and 30 and 36)
b. Loss by fire (See answer 41) .......... 3,000.00
c. Loss by False brands (See answer 43) .......... 3,800.00
d. Loss by Trespass of third party timber ........ 10,000.00 (See
answer 15, 16, 29,39,36 and 40)
e. Loss by failure to reseed and negligent Logging procedure.
$100.00 per acre .......... 8,000.00 (See answers 36,37,38,39,40 and 41)
f. Loss of Water Supply and pollution .......... 5,000.00 (See
answer #42)
g. Loss by other Quinault allottees similarly situated (See answers
1 thru 44) ......... 15,000,000.00
INTERROGATORY NO. 46:
State the factual basis for each item of damages in your answer to
Interrogatory No. 45.
ANSWER TO NO. 46:
Same as answers to No. 45. Each item of damages is set out in No. 45
and cross referenced to prior answer setting out factual basis of each
claim.
Dated: 630518
MALCOLM S. MC. LEOD, Attorney for Defendant.
STATE OF WASHINGTON
COUNTY OF KING
ss.
ARTHUR YERKES, first being duly sworn upon oath, deposes and says:
That he is the within named defendant; that he has read the foregoing
Answer to Interrogatories; knows the contents thereof and believes the
same to be true.
ARTHUR YERKES
SUBSCRIBED AND SWORN to before me this 630518.
Illegible
Notary Public in and for the State of Washington, residing at
Seattle.
HEL-012-0564-0587
HEL-012-0564-0587
SCTY OF THE INTERIOR DOI BIA DC
630720
CORRESPONDENCE
SKARRA, PERRY E US DOI BIA ORE
RECEIVED
630624
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND 8, OREGON
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Sir:
Your letter of 630426, refers to previous correspondence with this
office concerning the right of way over the Caesar Yerkes Allotment
1448, Quinault Reservation. You cite two previous cases of similar
nature and suggested that the Regional Solicitor might be interested in
reviewing them.
Enclosed for your information and record is a copy of a memorandum
from Mr. Carl H. Coad, Attorney in the office of the Regional Solicitor,
who reviewed the cases which you cited.
Sincerely yours,
Illegible Assistant Area Director
Enclosure
cc: Supt., Western Washington Agency
HEL-012-0588-0588
HEL-012-0588-0589
COMM BIA DC BR OF FORESTRY
630603
CORRESPONDENCE
COAD, CARL H
630603
Area Director, Bureau of Indian Affairs
Office of the Regional Solicitor, Portland
United States v. Caesar J. Yerkes, et al., Indian Service Road S-2,
Quinault Indian Reservation
The litigation referred to in the Acting Assistant Commissioner's
memorandum of 630426, refers to a series of three decisions in the state
and one case in the federal courts for Oregon. The case of Tim Miller
v. C. V. Johnson Lumber Co. was filed in 520000 in the United States
District Court for Oregon. This case was dismissed by stipulation so no
judicial ruling is involved. I did not request the return of the file
from storage for this reason.
The state court cases are found at 304 P.2d 428 and 440 and 441 under
the titles of Georgia Pacific Corporation v. Miller. The case at p. 428
was for declaratory judgment as to rights of Georgia Pacific (successor
to C. J. Johnson Lbr. Co.) to a railroad right of way over the Tim
Miller land. Tim Miller was a purchaser from Leo Umatata, an Indian
allottee, of the land after fee patent issued without reservation of the
railroad "permit" in the fee patent. The right of way was held to exist
as between Tim Miller and Georgia Pacific. It is not decisive of the
rights of an allottee.
The second decision, at p. 440, was a condemnation action ruling on a
procedural point. The condemnation was for enlargement of the right of
way. The third decision also was in condemnation and dealt with
valuation testimony relative to the right of way.
The case at p. 428 may be of interest in connection with the
Yerkes-Rayonier litigation, although not strictly comparable on facts.
For the Regional Solicitor
Carl H. Coad Attorney
Enclosure-condemnation file
CHC:mey
HEL-012-0589-0589
HEL-012-0588-0589
AREA DIR BIA PORTLAND
630528
CORRESPONDENCE
CARVER, JOHN A BIA
INDIAN Forestry 3585-62
Dear Mr. Chairman:
This is in further reference to your letter of 630227, in which you
asked for current information concerning the relationship between the
market price for stumpage and the price being paid to allottees on the
Quinault Reservation for timber cut and sold under existing contracts.
In a reply from this office dated 630319, we furnished you with data
reflecting stumpage values for several of the timber sale units on the
reservation, as well as a tabulation showing the bid rates for a number
of sales made by the Forest Service during 610000 and 620000. You were
also advised that we would forward supplemental information when
received from the Portland Area Director.
The supplemental report of comparative stumpage prices, between sales
on the reservation, the Forest Service and the State of Washington
Sustained Yield Forest No. 1 in Jefferson County, has been submitted by
the Area Director, and we are pleased to pass along the data listed in
the following table for your information. No private sales of timber
could be found in the Grays Harbor area. Below are the weighted average
stumpage rates received during 620000 for the above mentioned
categories. Forest Service figures do not include an average of $0.80
per M feet B.M. paid by the purchasers, for planting or other treatment
of the cutover lands, pursuant to the Knutson-Vandenberg Act (16 U.S.C
576b). These figures may also be used to bring up to date the set of
charts which were previously sent you.
Average Rates per N Board Feet
Table do not key see original.
The 620000 sales from the Olympic National Forest included
Douglas-fir in the amount of 14.5 percent of the total volume as
compared with 1.7 percent and 1.3 percent from the reservation and the
state sales, respectively. If a calculation is made of the average
stumpage rate for all timber, excluding Douglas-fir, the average rates
for the various areas would then be as follows:
Quinault Reservation $10.06
Olympic National Forest 8.72
State Unit No. 1 8.27
As stated in our previous correspondence, the data supplied is a
comparison of stumpage rates which do not necessarily reflect any
relative factors that may be involved. Such items as quantity, quality,
accessibility, and sale objectives are not a part of this comparison.
Please let us know if we can be of further assistance.
Sincerely yours, (Sgd) John A. Carver, Jr. Secretary of the Interior
Hon. Henry N. Jackson Chairman, Committee on Interior and Insular
Affairs United States Senate Washington 25, D. C.
cc: Secretary's File Copy Secretary's Reading File DCCO
BIA: Area Director, Portland, Oregon (2) 300 Bureau Surname Forestry
File 3882-62 Forestry Chrony Mailroom Chrony Holdup
HEL-012-0590-0591
HEL-012-0590-0598
JACKSON, HENRY M US SENATE
630604
CORRESPONDENCE
HOLMES, G DOI BIA
Forestry 3585-62 (2708-63)
630604
Hon. Warren G. Magnuson United States Senate Washington 25, D. C.
Dear Senator Magnuson:
This is in further reference to your communication, dated 630410,
concerning an inquiry from Mr. Paul E. Petit, Bay Center, Washington.
Mr. Petit inquired about stumpage rates his sister is receiving for
timber cut from her allotment in the Crane Creek Unit on the Quinault
Reservation. He apparently has the information that the prices are much
lower than anything being sold in the open market and believes the
matter should be investigated.
Stumpage rates paid to allottees during the fourth quarter, 620000,
on the Crane Creek Unit were, and the rates being paid during the first
quarter, 630000, are as follows:
Table not keyed, see original
The rates shown on the Scale Report enclosed with Mr. Petit's letter
are correct.
Stumpage rates for the first quarter, 630000, on the Taholah Unit,
another long-term sale, are shown below. Three other sales, were made
in 610000, but all expiring in 620000, are also shown.
Table not keyed, see original
There is tabulated, as an enclosure, a number of sales made by the
Forest Service during 610000 and 620000, showing the bid rates. We do
not have the information as to how many of these sales may have been
completed during 620000. However, since some of the sales were made in
the latter part of 620000, these probably have not been completed. The
tabulation also includes the approximate mileage to market and the
estimated average development cost. All of these sales are within a
reasonable distance of the Quinault Reservation. Most of the timber
sale activity on the Quinault is taking place in T. 22-23 N., R.
10-11-12-13 W. The tabulation reveals that the rates bid for national
forest timber in 610000-620000 were, for the most part, generally lower
than the rates charged for Indian timber under the Crane Creek contract.
We are reluctant to submit this comparison with Forest Service sales
because we recognize the weakness of direct comparisons. At hearings
before the Subcommittee on Indian Affairs of the Committee on Interior
and Insular Affairs, United States Senate, 85th Congress, 1st Session,
we pointed out that a direct comparison of stumpage rates was not
necessarily valid. Such items as quantity, quality, accessibility and
objectives of the sales have a significant influence on the stumpage
rates which may be received. This interpretation is still applicable.
The tabulation below reflects the weighted average stumpage rates
received during 620000 without any consideration of the relative factors
mentioned above. No private sales could be found in the Grays Harbor
area. All Forest Service sales do not include an average of $0.80 per M
feet B.M. paid by the purchasers, for planting or other treatment of the
cutover lands, pursuant to the Knutson-Vandenberg Act (16 U.S.C. 576b).
Table not keyed, see original
The 620000 sales from the Olympic National Forest included
Douglas-fir in the amount of 14.5 percent of the total volume as
compared with 1.7 percent and 1.3 percent from the reservation and the
state sales, respectively. If a calculation is made of the average
stumpage rates for all timber, excluding Douglas-fir, the rates for the
various areas would be as follows:
Quinault Reservation $10.06
Olympic National Forest 8.72
State Unit No. 1 8.27
The stumpage rates under the Crane Creek contract are under continued
scrutiny, and checks are made at periodic intervals. At such times as
the stumpage rates are believed not to represent proper value, action
will be taken to revise them.
If you desire additional information, please let us know.
Sincerely yours,
(SGD) GRAHAM HOLMES ASSISTANT Commissioner
Enclosure
cc: LM Area Director, Portland (2) 300 Bureau Surname Forestry File
3882-62 Forestry Chrony Mailroom Chrony Holdup
HFWershing:wm 630523
Rewritten:PWHand:wm 630528
FOREST SERVICE TIMBER SALES IN THE VICINITY OF THE QUINAULT INDIAN
RESERVATION
Table not keyed, see original
620000
Table not keyed, see original
HEL-012-0592-0596
HEL-012-0590-0598
MAGNUSON, W G US SENATE
630604
CORRESPONDENCE
HOLMES, GRAHAM DOI BIA
Forestry 3585-62
630604
Hon. Julia Butler Hansen House of Representatives Washington 25, D.
C.
Dear Mrs. Hansen:
This is in further reference to your memorandum of 630309, addressed
to Mr. George S. Kephart, Branch of Forestry, concerning an inquiry from
Mr. Paul E. Petit, Bay Center, Washington, about stumpage rates his
sister is receiving for timber cut from her allotment in the Crane Creek
Unit on the Quinault Reservation. In a reply from this office, dated
630318, we advised that additional information would be forwarded to you
as soon as it was received from the Portland Area Office.
A rather complete comparative report has been received from Portland,
which in summary provides average stumpage rates received during 620000
from sales of timber from reservation, Forest Service and State of
Washington forest lands. A direct comparison of stumpage rates which
does not take into consideration the quantity, quality and accessibility
of the timber as well as the objectives of the sale is not necessarily
valid. Therefore, the data presented below reflects only the weighted
average stumpage rates received during 620000 without consideration of
the significant factors which influence these rates. No private sales
could be found in the Grays Harbor area. Forest Service sales do not
include an average of $0.80 per M feet B.M. paid by the purchasers, for
planting or other treatment of the cutover lands, pursuant to the
Knutson-Vandenberg Act (16 U.S.C 576b). These figures may also be used
to bring up to date the set of charts which were previously sent to you.
Table not keyed, see original
The 620000 sales from the Olympic National Forest included
Douglas-fir in the amount of 14.5 percent of the total volume, as
compared with 1.7 percent and 1.3 percent from the reservation and the
state sales, respectively. If a calculation is made of the average
stumpage rates for all timber, excluding Douglas-fir, the rates for the
various areas would then be as follows:
Quinault Reservation $10.06
Olympic National Forest 8.72
State Unit No. 1 8.27
If you wish additional information, please let us know.
Sincerely yours, (SGD) GRAHAM HOLMES ASSISTANT Commissioner
cc: LM Area Director, Portland (2) 300 Bureau Surname Forestry File
3882-62 Forestry Chrony Mailroom Chrony Holdup
RKELy:wm 630523
Rewritten:PWHand:wm 630528
HEL-012-0597-0598
HEL-012-0590-0598
HANSEN, JULIA B HOUSE OF REP
630604
CORRESPONDENCE
CROW, JOHN O DOI BIA
Forestry 3585-62
630604
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
We have your letter of 630515, concerning problems resulting from the
lack of decision on appeals by Rayonier, Incorporated, and Aloha Lumber
Corporation.
We are calling this situation to the Assistant Secretary's attention,
and are again requesting that a decision on the appeals be made.
Sincerely yours,
(Sgd) John O. Crow Deputy Commissioner
cc: 300 Bureau Surname Forestry File #3882-62 Forestry Chrony
Mailroom Chrony Holdup GSKephart:wm 600527
HEL-012-0599-0599
HEL-012-0597-0604
HOLTZ, ROBERT D DOI BIA PORTLAND
630604
CORRESPONDENCE
CROW, JOHN O DOI BIA
Forestry 3585-62
630604
Memorandum
To: Assistant Secretary, Public Land Management
From: Commissioner, Bureau of Indian Affairs
Subject: Appeals relating to stumpage rate adjustments, Crane Creek
and Tahohal Unit Timber contracts, Quinault Reservation.
Enclosed is a copy of Superintendent Felshaw's letter of 630310 to
Area Director Holtz. It outlines, without exaggeration, the situation
that has developed in the nearly three years that these appeals have
been pending. Further delay in disposing of them may lead to severe
criticism by members of Congress, and by the General Accounting Office.
It should be recalled that both companies have also been subjected to
demands for payment of sums that the General Accounting Office found to
be improper allowances in the adjustment of stumpage rates. The demand
on each company exceeds $100,000.
The lack of decision on the appeals, combined with the demands for
payment, are irritants that sometimes affect our other dealings with
these companies, in the administration of the timber sales.
(Sgd) John O. Crow Deputy Commissioner
Enclosure
cc: 300 Bureau Surname Forestry File 3882-62 Forestry Chrony
Mailroom Chrony Holdup GSKephart:wm 630528
HEL-012-0600-0600
HEL-012-0597-0604
ASST SCTY PUBLIC LAND MGT
630515
CORRESPONDENCE
HOLTZ, R D US DOI BIA PORTLAND
RECEIVED 630520
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
IN REPLY REFER TO: Forestry 57-2-25 - 339.5
630515
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Sir:
Enclosed for your information is a copy of a letter dated 630510,
from Superintendent George M. Felshaw of the Western Washington Indian
Agency. Mr. Felshaw discusses the problems presented by the lack of
decision concerning the appeals by Rayonier Incorporated and by the
Aloha Lumber Corporation against the 600701 stumpage rate adjustments
for the Crane Creek and Taholah Logging Units.
Of particular significance is the magnitude of the total amounts
currently on deposit in the "withholding account" as the difference in
stumpage payments between the rates established during 600000 and the
lower prices in effect prior to that time. The present total
withholding of $49,545.07 will continue to increase by approximately
$16,000 per year until decisions on the appeals have been reached by the
Secretary of the Interior.
Further substantial delay in reaching decisions on these two appeals
might cause serious complaints from the Indian people who have interests
in the money being withheld. Such complaints could result in
Congressional inquiries concerning the reasons for the delay.
Accordingly, we recommend that you press for early action on these
appeals.
Sincerely yours,
R.D. Holtz
Area Director
Enclosure
HEL-012-0601-0601
HEL-012-0597-0604
COMM BIA DC
630510
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
Forestry 339.5
Taholah - Crane
Creek Disputed Ratio
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630510
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
It has been nearly three years since the Aloha Lumber Corporation and
Rayonier, Incorporated appealed to the Secretary in protest of stumpage
to log price ratios established on 600701 for the Taholah and Crane
Creek Contracts. During this period, we have had to maintain dual
accounts, with stumpage calculated on the basis of ratios in effect
prior to 600701 and ratios subsequently established.
Stumpage paid to the allotment owners has been the lower of the two
values. The difference is held in a "withholding account" pending a
decision on the purchasers' appeals.
The total of funds withheld as of 630331, is $49,545.07 of which
$36,951.92 is from the Crane Creek Unit and $12,593.15 from the Taholah.
This total increases with each passing month.
We have had suprisingly few complaints from the Indians, probably
because few of them realize the amount of money involved. Some who are
aware that they have substantial interests in the "withholding account",
are growing impatient. They need this money and cannot understand the
long delay in determining whether or not they are to receive it.
Administratively we are concerned with the extra bookkeeping
required. Stumpage rates must be calculated and recorded twice for each
species on every allotment for which scale is reported. There are from
forty to eighty allotments involved every month. Aside from the fact
that this involves appreciable extra expense, there is a considerable
delay in the preparation of reports to the purchasers and to the Area
Office. This has been a continuing source of annoyance to all parties
concerned.
May we hope for an early decision on the purchasers' appeals. We are
anxious to clear these "withholding accounts". If the decision is
adverse to the allotment owners, they want to know it. If it is
favorable, they want their money.
Sincerely yours,
(Sgd.) George M. Felshaw
Superindent
HEL-012-0602-0604
HEL-012-0597-0604
HOLTZ, R D DOI BIA PORTLAND
630501
CORRESPONDENCE
SKARRA, PERRY E US DOI BIA PORTLAND
RECEIVED
630503 Forestry 56-8-1 - 339.5 Crane Creek
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND 8, OREGON
630501
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington 25, D. C.
Attention: Branch of Forestry
Sir:
The enclosed copy of letter dated 630426, from M. L. Schwartz, Acting
Superintendent, to Mr. Malcolm McLeod, Attorney, and copy of letter
dated 630425, from Mr. McLeod to Superintendent Felshaw of the Western
Washington Agency, relate to an allotment under timber contract within
the Crane Creek Logging Unit.
These letters are being sent to you for your information in the event
that Mr. McLeod should contact the Commissioner or his Congressman with
respect to this problem.
Sincerely yours,
Perry & Skowa Acting Area Director
Enclosures (2)
cc: Supt., Western Washington Agency Hoqiam Subagency
HEL-012-0605-0605
HEL-012-0605-0608
COMM BIA DC
630425
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Forestry 339.5
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630426
Mr. Malcolm Mcleo,d Attorney 1519 Norton Building Seattle 4,
Washington
Dear Mr. McLoed:
In your letter of 630425 you request this Agency to arrange to have
Rayonier, Incorporated provide for a check scaler to check all legs
removed from any of the properties of Alice Shale Newton. We regret
that we are not able to comply with this request.
It is the responsibility of this Agency to provide adequate
safeguards to assure proper accountability for logs produced under the
Crane Creek contract as well as under all other timber sale contracts
involving trust Indian lands. We cannot delegate this responsibility to
the purchaser.
Our forestry branch at Hoquiam takes all practicable precautions to
assure that logs from every allotment are properly accounted for. All
logs are branded with a State registered brand assigned to a particular
allotment before the logs are moved from the landing there leaded.
Logs are receipted for at the delivery points and careful checks are
made to assure that all logs are accounted for. Our check scaler scales
at least ten percent of all logs produced to assure accurate sealing by
the Grays Harbor Log Scaling and Grading Bureau Scalers.
If Mrs. Newton desires to employ a check scaler to check on logs
removed from allotments in which she has an interest, she may do so.
May we suggest that she first call at our Hoquiam Office and discuss
the matter with Mr. Don W. Clark, Assistant Forest Manager. Mr. Clark
will be glad to arrange for our timber sale officer on the Crane Creek
Unit to show her the procedures that have been established to assure
proper accountability of logs cut under the Crane Creek Contract.
Sincerely yours,
(Sgd) M. L. Schwartz
Acting Superintendent
cc: Portland Area Office w/copy incoming letter
HEL-012-0606-0607
HEL-012-0605-0608
MCLEOD, MALCOLM
630425
CORRESPONDENCE
MCLEOD, MALCOLM S
Malcolm S. McLeod Attorney at Law 1519 Norton Bldg., Seattle 4,
Washington MUtual 2-0970 MAin 4-5082
630425
Mr. George Felshaw Superintendent Western Washington Indian Agency
1620 Hewitt Ave. Everett, Washington
Re: Alice Shale Newton--Allotments Request for check scaler.
Dear Mr. Felshaw:
On behalf of Alice Shale Newton you are requested to contact
Rayonier, Inc. and make arrangements for a check scaler to check all
logs removed from any of her properties.
Rayonier, Inc. should be instructed to request a Grays Harbor log
scaling and grading bureau scaler to come to the allotment that is being
logged and make a check scale as follows, to-wit:
(1) To scale every log and tag it on either end and make certain that
the correct brand is placed thereon;
(2) Make a detailed scale on every log that leaves the allotment.
That this scale is requested in view of problems that have arisen
between Rayonier, Inc. and Mrs. Newton on prior occasions.
This independent scaling and grading should be done by the contractor
at their sole expense and at no expense to the allotee. Would you
please confirm that this arrangement has been made?
Cordially yours,
Illegible
Malcolm S. McLeod
MSM/gj
P.S. Would you please call me collect when these arrangements have
been made?
HEL-012-0608-0608
HEL-012-0605-0608
FELSHAW, GEORGE M W WASH INDIAN AGENCY
630416
CORRESPONDENCE
FRYER, E R BIA
Forestry 3585-62
Hon. Warren G. Magnuson United States Senate Washington 25, D. C.
Dear Senator Magnuson:
We refer to your communication dated 630410, referring to this office
a copy of a letter addressed to you by Paul E. Petit, Bay Center,
Washington, regarding stumpage values relative to a particular allotment
on the Crane Creek Unit, Quinault Indian Reservation.
In early 630300, we received a similar letter signed by Mr. Petit,
which had been addressed to another member of Congress and referred to
us. Accordingly, we have asked the Portland Area Director to provide us
with a comparative record of timber sales in the general area concerned.
As soon as this information is received it will be forwarded to you.
Mr. Petit's letter and enclosure are being returned herewith.
Sincerely yours, (SGD) E. REESEMAN FRYER ASSISTANT COMMISSIONER
Enclosures 2
cc: Area Director, Portland, Oregon (2) 300 Bureau Surname Forestry
Chrony Mailroom Chrony Hold up File 3882-62 RKEly:mjm 630412
HEL-012-0609-0609
HEL-012-0609-0609
MAGNUSON, WARREN G US SENATE
630411
CORRESPONDENCE
MARION, LUCIEN F HOLMAN MARION BLACK
RECEIVED
630405
HOLMAN, MARION, BLACK, PERKINS & COLE 1900 WASHINGTON BUILDING
SEATTLE 1 MAIN 2-2762
630411
Mr. George M. Felshaw, Superintendent Western Washington Indian
Agency 1620 Hewitt Avenue Everett, Washington
Re: Rayonier Incorporated v. Arthur Yerkes, U.S. District Court,
Western District of Washington, Southern Division, No. 2716.
Dear Mr Felshaw:
As we previously informed you, the above case had been set as the
fifth case on the trial docket in Tacoma on 000423. This is the suit
brought by Rayonier for an injunction to remove an obstruction on
Rayonier's 9200 main line truck road in the Crane Creek Unit and in
which Yerkes cross complained and counterclaimed, alleging among other
things that he had not authorized the right of way for the truck road,
had revoked his power of attorney to commit his allotment to the Crane
Creek timber contract, claimed treble damages for trespass cutting of
his timber and attempted to bring a class action to have the Crane Creek
contract nullified.
On Tuesday, 000409, we received from Yerkes' attorney Malcolm McLeod,
a Motion for Continuance, McLeod asserting that he has other trial and
hearing commitments making it impossible to prepare for trial or to have
the trial on the designated date. As a consequence the District Judge
has stricken the case from the trial calendar and his clerk advises us
that the case will be reassigned for trial at the next assignment
calendar, the trial date probably to be sometime in 000500 or 000600 of
this year. We will let you know promptly when a new date is fixed.
In the meantime we plan to go forward with discovery proceedings in
preparation for the trial. McLeod has informed us that he also wants to
conduct discovery proceedings, although Mr. George M. Felshaw,
Superintendent 630411 Page 2 aside from indicating two or three Rayonier
men whose depositions he wants to take, he has not stated the full
nature of his planned proceedings.
We appreciate and thank you for the courtesies you have extended in
our work on this case. We will no doubt be imposing on you further.
Sincerely yours,
HOLMAN, MARIION, BLACK, PERKINS & COIE
BY Lucien F. Marion
LFM:fl
cc: Area Director, Bureau of Indian Affairs Interior Building
Portland, Oregon
Commissioner, Bureau of Indian Affairs Department of Interior
Interior Building Washington, D. C.
Attn: Mr. George Kephart and Mr. Henry Wershing
HEL-012-0610-0611
HEL-012-0610-0612
FELSHAW, GEORGE M W WASH INDIAN AGENCY
630426
CORRESPONDENCE
KEPHART, GEORGE S DOI BIA
Forestry 3585-62
630426
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
This refers to your letter of 611018, and previous correspondence
regarding a right-of-way over the Caesar Yerkes Allotment No. 1448,
Quinault Reservation. Your inquiry was submitted to the Solicitor's
Office, but apparently the pressure of other business has prevented
action on it.
In some respects we believe this case is similar to two earlier
cases, namely, "Johnson Lumber Company v. Alberson, et al" and "Johnson
Lumber Company v. Tison Miller, et al." One of these cases was decided
in Federal District Court, and the other in the Oregon State District
Court. They concerned rights-of-way under a revokable permit to haul
timber across lands of the Indians, who later filed objections to
continued use of the rights-of-way. In the two cases cited, the suits
were filed by Johnson Lumber Company, after conferences with the Indians
and with Bureau representatives.
The Johnson Lumber Company cases do not appear in the printed court
reports, but we believe the Regional Solicitor may be interested in
reviewing them. If he has difficulty in locating them, it is suggested
that he discuss the matter with Mr. Robert S. Miller, of King, Miller,
Anderson, Nash and Yerkes. Mr Miller handled this litigation and no
doubt would be glad to furnish information which will facilitate the
Regional Solicitor locating the court papers in the respective Clerk of
Court's office. If such information is obtained, please furnish copies
to this office, as we do not have the complete record.
Sincerely yours, George S. Kephart Acting Assistant Commissioner
cc: 300 Bureau Surname Forestry Chrony Mailroom Chrony Holdup
GSKephart:mjm 630425
HEL-012-0612-0612
HEL-012-0610-0612
HOLTZ, ROBERT D DOI BIA PORTLAND
630426
CORRESPONDENCE
MOORE, H L DOI BIA PORTLAND
RECEIVED
630429
Forestry 61-10-20 - 339.4 Gen. Supv.W.Wash.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington 25, D. C.
Attention: Branch of Forestry
Sir:
Reference is made to your letter dated 630416, to the Honorable
Warren G. Magnuson relative to stumpage values being received on the
Crane Creek Unit, Quinault Indian Reservation.
On 630416, we sent you a letter including this information which you
had requested in response to inquiries from Senator Henry M. Jackson and
Congresswoman Julia Butler Hansen. We believe this information will be
sufficient for you to make a proper reply to Senator Magnuson, also.
However, we shall continue to study the situation in the Grays Harbor
timber marketing area, and if other information is obtained we shall
send it to you.
Sincerely yours, Illegible Acting Area Director
cc: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-0613-0613
HEL-012-0613-0622
COMM DOI BIA BR OF FORESTRY
630416
CORRESPONDENCE
HOLTZ, R D US DOI BIA PORTLAND
RECEIVED
630418 Forestry 57-5-23 - 339.4
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington 25, D. C.
Attention: Branch of Forestry
Sir:
In our letter dated 630403, we indicated the Western Washington
Agency staff was compiling information concerning relationship of
stumpage rates on the Quinault Reservation to general stumpage rates in
the vicinity of the Reservation. The information was requested from
your office in response to inquires from Senator Henry M. Jackson and
Congresswoman Julia Butler Hansen.
In addition to a copy of letter dated 630412, from Acting
Superintendent M. L. Schwartz to the Area Director, we are submitting
two copies of the following documents prepared by the Western Washington
Agency staff:
1. Tabular presentation of comparison of stumpage rates received for
timber sold on the Soleduc and Quinault Working Circles of the Olympic
National Forest, and the Quinault Indian Reservation, Washington, 600000
through 620000.
2. Tabular presentation showing stumpage rates received during
620000 for timber sold by the State of Washington on Sustained Yield
Forest No. 1, Jefferson County, Washington.
3. Tabular presentation of stumpage rates received during 620000 for
timber sold from the Crane Creek and Taholah Units on the Quinault
Reservation, Olympic National Forest and Washington State Sustained
Yield Unit.
We are hopeful the enclosures meet your needs. If we can furnish you
with additional information, we shall be pleased to do so.
Sincerely yours, R. D. Holtz Area Director
Enclosures (7)
cc: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-0614-0615
HEL-012-0613-0622
COMM BIA DC
630412
CORRESPONDENCE
SCHWARTZ, M L BIA W WASH AGENCY
IN REPLY REFER TO:
Forestry-339.4 Sales Comparison
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
630412
Mr. R. D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
In response to inquiries from Senator Henry M. Jackson and
Congresswoman Julia Butler Hansen, your letter of 630315, 630325 and
630326 requested that we procure comparative stumpage data from Forest
Service, State and private timber sales.
We have been unable to find any private sales in the Grays Harbor
marketing area. We have secured data covering Forest Service sales on
the Soleduc and Quinault Working Circles of the Olympic National Forest,
and State sales on State Sustained Yield Forest No. 1 in Jefferson
County. The State Unit is just north of the Quinault Reservation, and
immediately west of the Quinault Working Circle of the National Forest.
We have compiled the data secured in three tables: (1) A Comparison
of Stumpage Rates Received for Timber Sold on the Soleduc and Quinault
Working Circles of the Olympic National Forest, and the Quinault Indian
Reservation, Washington, 1960 through 1962, (2) Stumpage Rates Received
620000 for Timber Sold on Sustained Yield Forest No. 1, Jefferson
County, State of Washington, and (3) Comparison of Stumpage Rates
Received During 620000 for Timber Sold on the Soleduce and Quinault
Working Circles of the Olympic National Forest, State Sustained Yield
Forest No. 1 and Current Stumpage Rates in Effect on the Crane Creek and
Taholah Logging Units, Quinault Indian Reservation. These tables are
enclosed in quadruplicate.
All rates listed are weighted average prices actually received for
stumpage harvested.
Sincerely yours, ACTING Superintendent Enclosures
COMPARISON OF STUMPAGE RATES RECEIVED FOR TIMBER ON THE SOLEDUC AND
QUINAULT WORKING CIRCLES OF OLYMPIC NATIONAL FOREST, AND THE QUINAULT
INDIA RESERVATION, WASHINGTON, 600000 THROUGH 620000
Table not keyed, see original
Note: Figures for Olympic National Forest include sales of 1 MMBM or
larger.
STUMPAGE RATES RECEIVED 620000 FOR TIMBER SOLD ON SUSTAINED YIELD
FOREST NO. 1 JEFFERSON COUNTY, STATE OF WASHINGTON
Table not keyed, see Original
COMPARISON OF STUMPAGE RATES RECEIVED DURING 620000 FOR TIMBER SOLD
ON THE SOLEDUC AND QUINAULT WORKING CIRCLES OF THE OLYMPIC NATIONAL
FOREST: STATE SUSTAINED YIELD FOREST NO. 1 AND CURRENT STUMPAGE RATES
IN EFFECT ON THE CRANE CREEK AND TAHOLAH LOGGING UNITS, QUINAULT INDIAN
RESERVATION.
Table not keyed, see original
HEL-012-0616-0622
HEL-012-0614-0622
HOLTZ, R D DOI BIA PORTLAND
630410
CORRESPONDENCE
MAGNUSEN, W G US SENATE
RECEIVED
630411
UNITED STATES SENATE
630410
Respectfully referred
Department of the Interior Bureau of Indian Affairs for such
consideration as the comunication herewith submitted may warrant, and
for a report thereon, in duplicate to accompany return of inclosure.
By direction of
WARREN G. MAGNUSON, U. S. S. WGM:B
HEL-012-0623-0623
HEL-012-0623-0625
DOI BIA
630221
CORRESPONDENCE
PETIT, PAUL E
RECEIVED
630411
Bay Center, Washington
630221
Mr. Warren Magnuson United States Senate Washington, D. C.
Dear Mr. Magnuson:
I am enclosing a breakdown on the timber boing logged at the present
time on my sisters Crane Creek allotment on the Quinault Reservation.
I've been told the prices are much lower than anything being logged
on the open market that I feel it is time this matter is looked into
seriously.
It would be greatly appreciated by many of us if you would compare
these prices and give an explanation for the great difference.
Sincerely yours,
(Illegible)
RECEIVED
630411
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 4-1315
Paid from 621101 to 621130,
SCALE REPORT
Marie Adele Petit #1315
Quinault Reservation
W/2 NE/4 13-23-11
Where scaled Bureau End mark R/19 Rayonier Inc
Crane Creek
Table not keyed, see original
Checked and approved 621217
621217
(Sgd.) John W. Libby
Sgd. M. Patience Isona
Illegible
HEL-012-0624-0625
HEL-012-0623-0625
MAGNUSON, WARREN US SENATE
630403
CORRESPONDENCE
HOLTZ, R D BIA PORTLAND
RECEIVED
630405
Forestry 57-5-23- 339.4 Gen. Supv.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
630403
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington 25, D. C.
Attention: Branch of Forestry
Sir:
The following letters concern the relationship between current market
prices of stumpage to the prices being paid for timber on the Quinault
Reservation under existing contracts:
1. Letter dated 630312, from E. Reeseman Fryer, Assistant
Commissioner, with an enclosed copy of a letter dated 630227, from
Senator Henry M. Jackson, to the Honorable John A. Carver.
2. Letter dated 630318 to the Honorable Julia Butler Hansen from
John O. Crow, Deputy Commissioner.
3. Letter dated 630319 to Senator Jackson, Chairman, Committee on
Interior and Insular Affairs, from John A. Carver, Jr., Assistant
Secretary of the Interior.
The Western Washington Agency staff is compiling information on this
matter as rapidly as possible and we hope to have a report available for
you about 630415.
Sincerely yours,
R. D. HOLTZ Area Director
cc: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-0626-0626
HEL-012-0626-0626
COMM BIA BR OF FORESTRY
630401
CORRESPONDENCE
HOLMAN MARION BLACK
RECEIVED
630404
HOLMAN, MARION, BLACK, PERKINS & COIE 1900 WASHINGTON BUILDING
SEATTLE 1
630401
Mr. George M. Felshaw Superintendent, Western Washington Indian
Agency Bureau of Indian Affairs 1620 Hewitt Avenue Everett, Washington
Re: Rayonier Incorporated v. Arthur Yerkes, U. S. District Court,
Western District of Washington, Southern Division, Civil No. 2716.
Dear Mr. Felshaw:
This will confirm my advice to you by telephone today and our
telephone conversation concerning deposition of employees of your office
which had originally been scheduled for the morning of Tuesday, 630402,
at your office in Everett. Mr. Malcolm McLeod, attorney for Yerkes,
advises that he has a trial set for 000402 and will be unable to attend
the depositions at the time and place scheduled. Accordingly, with your
concurrence, the time and place for taking these depositions has been
reset to Friday, 630405, at 9:00 a.m. in your office.
I enclose for your file copy of Affidavit of David E. Wagoner as to
the purpose for which these depositions are requested, in compliance
with 43 C.F.R.
We appreciate your courtesies in handling this matter.
Yours very truly,
illegible
LFM:f1 Encl.
cc. Area Director, Bureau of Indian Affairs, Portland, Ore. Attn:
Mr. Perry Skarra Commissioner of Indian Affairs, Wn., D.C.
HEL-012-0627-0627
HEL-012-0627-0627
FELSHAW, GEORGE M W WASH INDIAN AGENCY
630329
CORRESPONDENCE
W, H
(ILLEGIBLE TEXT)
Subtitle A - 540000 Ed.
Title 43-Public Lands: Interior
Section 2.20 receipt of instructions from the Secretary, is
prohibited by this part.
(b) The Solicitor of the Department of the Interior may exercise all
the authority of the Secretary under this section.
TESTIMONY OF EMPLOYEES
Section 2.20 Testimony of employees. (a) An officer or employee of
the Department shall not testify in any judicial or administrative
proceeding concerning matters related to the business of the Government
or the contents of official records without the written permission of
the head of the bureau or office, or his designee, or of the Secretary.
If the head of a bureau or office, or his designee, concludes that
permission should be withheld, he shall report the matter immediately to
the Secretary for a determination, and the officer or employee shall
appear in answer to process and respectfully decline to testify, pending
the receipt of instructions from the Secretary, on the ground that
testimony is prohibited by this part.
(b) Any person (including a public agency) wishing an officer or
employee of the Department to testify in a judicial or administrative
proceeding concerning a matter related to the business of the Government
or the contents of official records must submit a statement in writing,
setting forth the interest of the litigant and the information with
respect to which the testimony of the officer or employee of the
Department is desired. before permission to testify will be granted
under this section. In the case of a private litigant, this written
statement must be in the form of an affidavit. Permission to testify
will be limited to the information mentioned in the written statement,
or to such portions thereof as the official granting the permission
deems proper.
(c) The Solicitor of the Department of the Interior may exercise all
the authority
of the Secretary of the Interior under this section.
Part 3; Preservation of American Antiquities
Sec. 3.1 Jurisdiction. 3.2 Limitation on permits granted. 3.3
Permits; to whom granted. 3.4 No exclusive permits granted. 3.5
Application. 3.6 Time limit of permits granted.
Sec. 3.7 Permit to become void. 3.8 Applications referred for
recommendation. 3.9 Forms and reference of permit. 3.10 Reports. 3.11
Restoration of lands. 3.12 Termination. 3.13 Report of field officer.
3.14 Examinations by field officer. 3.15 Persons who may apprehend or
cause to be arrested. 3.16 Seizure. 3.17 Preservation of collection.
Authority: Sections 3.1 to 3.17 issued under secs. 3, 4, 34 Stat.
225, as amended; 16 U.S.C. 432.
Source: Sections 3.1 to 3.17 appear at 19 F.R. 8838, 541223.
Sections 3.1 Jurisdiction. Jurisdiction over ruins, archeological
sites, historic and prehistoric monuments and structures, objects of
antiquity, historic landmarks, and other objects of historic or
scientific interest, shall be exercised under the act by the respective
Departments as follows:
(a) By the Secretary of Agriculture over lands within the exterior
limits of forest reserves:
(b) By the Secretary of the Army over lands within the exterior
limits of military reservations:
(c) By the Secretary of the Interior over all other lands owned or
controlled by the Government of the United States. Provided. The
Secretaries of the Army and Agriculture may by agreement co-operate with
the Secretary of the Interior in the supervision of such monuments and
objects covered by the act of 060608, (34 Stat. 225; 16 U.S.C.
431;433), as may be located on lands near or adjacent to forest reserves
and military reservations, respectively.
Section 3.2 Limitation on permits granted. No permit for the removal
of any ancient monument or structure which can be permanently preserved
under the control of the United States in situ, and remain an object of
interest, shall be granted.
Section 3.3 Permits: to whom granted. Permits for the examination
of ruins, the excavation of archeological sites, and the gathering of
objects of antiquity will be granted, by the respective Secretaries
having jurisdiction, to reputable museums, universities, colleges or
other recognized scientific or educational institutions, or to their
duly authorized agents.
Section 3.4 No exclusive permits granted. No exclusive permits shall
be granted for
HEL-012-0628-0629
HEL-012-0628-0629
CROW, JOHN O BIA HYDEN, H E BIA SOLLER, CHARLES M BIA
630328
CORRESPONDENCE
WERSHING, HENRY F BR OF FORESTRY
Forestry 3585-62 SSK
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON 25, D. C.
630328
Memorandum
To: Files
From: Henry F. Wershing
Subject: Long distance call from Lucian Marion of Holman, Marion,
Block, Perkins & Coe 12:10 p.m., 630328 1900 Washington Building Seattle
1, Washington Code 206 MAIN 2-2762 (call collect)
(See Title 43 CFR Subtitle A 2.20 Testimony of Employees)
Arthur Yerkes, allottee, and James C. Yerkes who owns the adjoining
allotment put up a roadblock on their allotments in the Crane Creek
Unit. Rayonier started a suit about 1 1/2 years ago and through the
Federal court got a temporary injunction on the roadblock.
Yerkes has now filed a cross complaint and has put in issue the
validity of the entire Crane Creek Contract. He is represented by
Malcolm McCloud.
Rayonier needs to be prepared to meet this issue. A pretrial
conference date of 000409 has been set. The case is scheduled in
Tacoma, Washington, and is the 5th case on 000423.
On Monday 000325, Marion talked with Superintendent Felshaw and on
Wednesday 000327, he talked with Perry Skarra.
They want a representative of the Bureau of Indian Affairs to testify
on the consideration given to the Crane Creek Contract when it was
offered. George Kephart, Perry Skarra and Earle Wilcox were involved in
this contract during the beginning days. They would like someone from
the Washington office to testify. Subpoenas from the local courts do
not reach persons outside of the state. They would prefer to have
Kephart make a voluntary personal appearance. If that is not possible
they would need a deposition. They may also want some documents. Their
main objective is to show that the Crane Creek Contract was not entered
into hastily.
On Tuesday 000402, they are scheduled to take depositions in the
Bureau office in Everett.
On Thursday 000404, they are scheduled to take depositions from
Yerkes in Everett.
Marion says Rayonier will pay all expenses. Marion wants a reply on
the availability of a witness within the next few days.
Henry F. Wershing Acting Chief, Branch of Forestry
HEL-012-0630-0631
HEL-012-0630-0631
FILES
630522
CORRESPONDENCE
SKARRA, PERRY E US DOI BIA PORTLAND
RECEIVED
630521
Forestry 56-8-1 - 339.5 Crane Creek 55-5-1 - 339.5 Taholah
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Enclosed are two copies of letters dated 630318, from Deputy
Commissioner John O. Crow, to Rayonier Incorporated and Aloha Lumber
Corporation. These letters refer to previous letters dated 630226,
informing the companies that Section 11 of the Crane Creek and Taholah
Logging Unit contract was being invoked.
The errors in the last paragraph of the letters dated 630226, were
noticed by Mr. Don C. Clark. These errors have been corrected in the
enclosed letters.
Please take such action as you feel necessary to correct any
misinformation which may have been given to the Tribal Council or
presented in the Agency newsletter.
Sincerely yours, (Sgd) Perry E. Skarra Assistant Area Director
Enclosures (2) cc: Commissioner, Attn. Branch of Forestry
HEL-012-0632-0632
HEL-012-0632-0632
FELSHAW, GEORGE M W WASH AGENCY
630319
CORRESPONDENCE
CARVER, JOHN A US DOI
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY
WASHINGTON 25, D. C.
630319
Dear Mr. Chairman:
In your letter of 630227, you asked for current information as to the
relation between the market price of stumpage and the price being paid
to allottees on the Quinault Reservation for timber cut and sold under
existing contracts.
Stumpage rates being paid to the allottees during the first quarter,
630000, on the Crane Creek and Taholah Units, are as follows:
Table not keyed, see original
Three other sales, some made in 610000, but all expiring in 62000
are:
Table not keyed, see original
There is tabulated as an enclosure a number of sales made by the
Forest Service during 610000 and 620000, showing the bid rates. We do
not have the information as to how many of these sales may have been
completed during 620000. However, since some of the sales were made in
the latter part of 620000, these probably have not been completed. The
tabulation also includes the approximate mileage to market and the
estimated average development cost. All of these sales are within a
reasonable distance of the Quinault Reservation. Most of the timber
sale activity on the Quinault is taking place in T. 22-23 N., R.
10-11-12-13 W. The tabulation reveals that the rates bid for national
forest timber in 610000-620000 were, for the most part, generally lower
than the rates charged for Indian timber under the Crane Creek and
Taholah contracts in the first quarter of 630000.
We are reluctant to submit this comparison with Forest Service sales
because we recognize the weakness of direct comparisons. At hearings
before the Subcommittee on Indian Affairs of the Committee on Interior
and Insular Affairs, United States Senate, 85th Congress, 1st Session,
Bureau representatives pointed out that a direct comparison of stumpage
rates was not necessarily valid. Such items as quantity, quality,
accessibility and objectives of the sales have a significant influence
on the stumpage rates which may be received. The same interpretation is
still applicable.
A set of charts was introduced into the record during the 570000
hearings by the Bureau of Indian Affairs which sets forth the average
stumpage rates for appropriate portions of the Olympic National Forest
and the Quinault Reservation. A set of these graphs, brought
up-to-date, is enclosed. You will note that the stumpage rates are
shown only through 610000. The date for 620000 is not yet available.
These again are a comparison of stumpage rates which do not necessarily
reflect any relative factors that may be involved. This comparison is
for rates actually received during the respective years in both cases
and is not a tabulation of bid rates.
The Portland Area Director is being asked to supplement this
information with the record of timber sales other than the Forest
Service. As soon as this information is received, it will be forwarded
to you.
Sincerely yours, (sgd) John A. Carver, Jr. Assistant Secretary of
the Interior
Hon. Henry M. Jackson Chairman, Committee on Interior and Insular
Affairs United States Senate Washington 25, D. C.
Enclosures
HEL-012-0633-0636
HEL-012-0633-0636
JACKSON, HENRY M US SENATE
630315
CORRESPONDENCE
SKARRA, PERRY E US DOI BIA
RECEIVED
630319
Forestry 57-12-2 - 040
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
Commissioner, Bureau of Indian Affairs
Washington 25, D. C.
Attention: Branch of Forestry
Sir:
In letters dated 630226, to the Aloha Lumber Corporation, Purchaser
of timber on the Taholah Logging Unit and to Rayonier Incorporated,
Purchaser of timber from the Crane Creek Unit, Quinault Reservation, you
informed these companies that henceforth Section II of the contracts
will be invoked in any change of stumpage rates. You asked that we
notify the Quinault Tribal Council of these actions and that we include
an appropriate notice in the next issue of the Agency's newsletter.
Enclosed are two copies of a letter dated 630313, to Mr. Horton
Capoeman, Chairman, Quinault Business Committee, informing him of your
action. Also enclosed are four copies of Quinault Newsletter No. 22 in
which the new stumpage adjustment procedures is discussed. Apparently,
the Western Washington Agency is rather short of this particular issue
of the newsletter, but if you have need for more we shall attempt to get
them for you.
Sincerely yours,
Perry E. Skarra Assistant Area Director
Enclosures (6)
cc: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-0641-0641
HEL-012-0641-0647
COMM BIA
630313
CORRESPONDENCE
LIBBY, JOHN W W WASH INDIAN AGENCY
Forestry 339.5 Taholah Crane Creek
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630313
Mr. Horton Capoeman, Chairman Quinault Business Committee Taholah,
Westington
Dear Mr. Capoeman:
Enclosed are copies of letters dated 630226 from John O. Crow, Deputy
Commissioner, to Aloha Lumber Corporation and to Rayonier, Incorporated.
These letters notify the purchasers under the Taholah and Crane Creek
contracts that since the Pacific Northwest Loggers' Association has been
dissolved, Section 11 of each respective contract will be invoked in any
change of stumpage rates in each case.
It also informs the purchasers that rates as now established will
remain in effect until such time as they may be changed pursuant to
Section 11 of the respective contract.
Sincerely yours,
Sgd. John W. Libby Acting Superintendent
Enclosures
cc: Portland Area Office (4)
HEL-012-0642-0642
HEL-012-0641-0647
CAPOEMAN, HORTON QUINAULT BUSINESS CM
630313
CORRESPONDENCE
ACT SUPT W WASH INDIAN AGENCY
Forestry 339.5 Taholah Crane Creek
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630313
Mr. Horton Capoeman, Chairman Quinault Business Committee Taholah,
Washington
Dear Mr. Capoeman:
Enclosed are copies of letters dated 630226 from John C. Crow, Deputy
Commissioner, to Aloha Lumber Corporation and to Rayonier, Incorporated.
These letters notify the purchasers under the Taholah and Crane Creek
contracts that since the Pacific Northwest Loggers' Association has been
dissolved, Section 11 of each respective contract will be invoked in any
change of stumpage rates in each case.
It also informs the Purchasers that rates as now established will
remain in effect until such time so they may be changed pursuant to
Section 11 of the respective contract.
Sincerely yours,
Acting Superintendent
Enclosures
cc: Portland Area Office (4)
UNITED STATES DEPARTMENT OF THE INTERIOR
WESTERN WASHINGTON INDIAN AGENCY 1620 Hewitt Avenue Everett,
Washington
QUINAULT NEWSLETTER
No. 22
COLUMBUS DAY STORM:
The big storm that blew down millions of feet of timber in Western
Oregon and Washington, caused very little damage to timber stands on the
Quinault Reservation and elsewhere on the west side of the Olympic
Peninsula. The main force of the storm was felt further inland between
the Cascades and the Olympics. On the day after the storm, members of
the Agency Forestry staff flew over the Quinault and Makah Reservations
in a chartered plane expecting to find extensive blowdown. They found
practically none.
A later storm did cause some scattered blowdown along the edges of
clear-cut blocks in the Taholah and Crane Creek Units. Logging plans
have been altered to include this scattered blowdown in this year's cut.
TIMBER MARKET:
The timber market continues to hold steady with little change in log
prices. The salvage of timber blown down in Western Oregon and
Washington during the big wind of last October, has had no appreciable
effect, so far, on the log market in the Grays Harbor area. Some
adverse effects could still be felt as more of this timber is dumped on
the market later this year.
STUMPAGE PRICES:
There has still been no decision concerning the protested stumpage
ratios established 600701. The stumpage rates listed below are based on
stumpage to log price ratios established 621001. The change from the
fourth quarter of 620000 is slight.
Table not keyed, see original
CHANGE IN STUMPAGE ADJUSTMENT PROCEDURES:
Quarterly stumpage price adjustments for logs produced under the
Taholah and Crane Creek timber contracts can no longer be determined by
procedures used in the past. The prices shown above will remain in
effect until studies show that revision is needed.
Both the Taholah and Crane Creek contracts provide that quarterly
price adjustments will be based on average log prices as reported by the
Pacific Northwest Loggers Association. They also provide that in the
event these reports are no longer available, stumpage prices will be
adjusted in accordance with economic trends in the timber industry.
The Pacific Northwest Loggers Association has been dissolved. Its
last published report of log prices was for the fourth quarter of
620000. On the basis of those quoted log prices, stumpage rates were
determined for the period beginning 630101.
Unless the contracts are modified to provide for the use of some
other source of log price information, a study of market conditions,
logging costs and other factors affecting stumpage values will be made
at least once a year. Under the new procedure, stumpage prices will
normally be adjusted not oftener than once in any one calendar year.
NOTES OF INTEREST:
We are designating each Monday (except on legal holidays) as the date
for releasing individual monies at the Everett Office. It is our plan
to also handle individual situations as concerns other branches.
Persons coming to the Everett Office other than Mondays are taking
considerable chance, as most of the staff will be at other stations
during the week. This applies particularly to release of individual
monies.
For the past four months the Agency staff has availed themselves at
specific locations in order to help Indian people with matters of
personal concern. We encourage you to take advantage of this service.
Schedules are as follows: Tuesday, Wednesday and Thursday every third
week of the month.
Table not keyed, see original
Under the President's Manpower and Training Program, it is possible
for qualified Indian men (High School graduates) to receive formal
training, equipping them with semi-technical skills related to scaling
and cruising of timber. Interested parties should make contact with the
Agency Employment Assistance Officer or Forestry staff regarding
details. This is an exceptional opportunity. We encourage you to take
advantage of the services.
The Washington State Supreme Court has ruled that the State of
Washington has responsibility for law and order services on the Quinault
Reservation. The Bureau of Indian Affairs proposes to be of assistance
to the state and the tribe as determined necessary.
For the next two months we will be concentrating on one particular
tribal roll.
This will restrict our efforts in working with other groups. Please
bear with us as we hope to work with additional tribal rolls after
000330.
John W. Libby John W. Libby, Acting Superintendent
630205
WESTERN WASHINGTON INDIAN AGENCY 1620 Hewitt Avenue Everett,
Washington
Postage and Fees Paid Department of Interior
HEL-012-0643-0647
HEL-012-0641-0647
CAPOEMAN, H QUINAULT BUSINESS CM
630318
CORRESPONDENCE
CROW, JOHN O DOI BIA
Forestry 162-57
630318
Hon. Julia Butler Hansen House of Representatives Washington 25, D.
C.
Dear Mrs. Hansen:
We refer to your memorandum of 630309, addressed to George S.
Kephart, Branch of Forestry, with which was enclosed a copy of a letter
from Mr, Paul E. Petit, Bay Center, Washington. Mr. Petit inquired
about stumpage rates his sister is receiving for timber cut from her
allotment in the Crane Creek Unit on the Quinault Reservation. He
apparently has the information that the prices are much lower than
anything being sold in the open market and believes the matter should be
investigated.
Stumpage rates paid to allottees during the fourth quarter, 620000 on
the Crane Creek Unit were, and the rates being paid during the first
quarter, 630000, are as follows:
Table not keyed, see original
The rates shown on the Scale Report enclosed with Mr. Petit's letter
are correct.
Stumpage rates for the first quarter, 630000, on the Taholah Unit,
another long-term sale, are shown below. Three other sales, some made
in 610000, but all expiring in 620000, are also shown.
Table not keyed, see original.
There is tabulated, as an enclosure, a number of sales made by the
Forest Service during 610000 and 620000, showing the bid rates. We do
not have the information as to how many of these sales may have been
completed during 620000. However, since some of the sales were made in
the latter part of 620000, these probably have not been completed. The
tabulation also includes the approximate mileage to market and the
estimated average development cost. All of these sales are within a
reaconable distance of the Quinault Reservation. Most of the timber
sale activity on the Quinault is taking place in T. 22-23 N., R.
10-11-12-13 W. The tabulation reveals that the rates bid for national
forest timber in 610000-620000 were, for the most part, generally lower
than the rates charged for Indian timber under the Crane Creek contract.
We are reluctant to submit this comparison with Forest Service sales
because we recognize the weakness of direct comparisons. At hearings
before the Subcommittee on Indian Affairs of the Committee on Interior
and Insular Affairs, United States Senate, 85th Congress, 1st Session,
we pointed out that a direct comparison of stumpage rates was not
necessarily valid. Such items as quantity, quality, accessibility and
objectives of the sales have a significant influence on the stumpage
rates which may be received. This interpretation is still applicable.
A set of charts was introduced into the record during the 570000
hearings by the Bureau of Indian Affairs which sets forth the average
stumpage rates for appropriate portions of the Olympic National Forest
and for the Quinault Reservation. A set of these graphs, brought
up-to-date, is enclosed. The data for 620000 is not yet available and
consequently is not included. These again are a comparison of stumpage
rates which do not necessarily reflect any relative factors that may be
involved. The comparison is for rates actually received during the
respective years in both cases and is not a tabulation of bid rates.
The Portland Area Director is being asked to supplement this
information with a record of timber sales other than the Forest Service.
As soon as this information is received it will be forwarded to you.
The stumpage rates under this contract are under continued scrutiny,
and checks are made at periodic intervals. At such times as the
stumpage rates are believed not to represent proper value, action will
be taken to revise them.
Mr. Petit's letter and enclosure are being returned herewith.
Sincerely yours, (Sgd) John O. Crow Deputy Commissioner
Enclosures
cc: Area Director, Portland, Oregon (2) 300 Bureau Surname Forestry
Chrony Mailroom chrony Holdup File 4595-57 HFWershing;mjm 630312
FOREST SERVICE TIMBER SALES IN THE VICINITY OF THE QUINAULT INDIAN
RESERVATION 610000
Table not keyed, see original
620000
Table not keyed, see original
HEL-012-0648-0652
HEL-012-0648-0653
HANSEN, JULIA B HOUSE OF REP
630318
CORRESPONDENCE
CROW, JOHN O DOI BIA
Forestry 162-57 West. Wash.
Rayonier, Incorporated P. O. Box 539 Hoquiam, Washington
Gentlemen:
Please refer to our letter of 630226, giving notice that henceforth
Section 11 of the Crane Creek Logging Unit contract will be invoked in
any change of stumpage rates.
The last paragraph of our letter referred to the stumpage rates that
were made effective for the period 630101-630430. The effective period
is, of course, 630101-630331. We regret this error in our previous
letter.
Sincerely yours, (Sgd) John O. Crow Deputy Commissioner
cc: Portland AO (3) NOTE TO AREA DIRECTOR: Please be guided
accordingly in the notices to the Tribal Council and in the Agency's
newsletter. 300 Bureau Surname Forestry Chrony Mailroom Chrony Holdup
GSKephart:wm 630314
HEL-012-0653-0653
HEL-012-0653-0653
RAYONIER INC
630312
CORRESPONDENCE
CROW, JOHN O DOI BIA
Forestry 162-57 West. Wash.
630312
Hon. Henry M. Jackson Chairman, Committee on Interior and Insular
Affairs United States Senate Washington 25, D. C.
Dear Mr. Chairman:
Because of your interest in the question, we have tried to keep you
informed of our attempts to assist in the formation of a committee to
represent the Quinault allottees in various negotiations relating to the
Crane Creek and Taholah Logging Unit contracts.
The enclosed copy of a letter of 000215, from our Portland Area
Office, with enclosures, outlines the present status of this project.
The situation is summed up in the letter of 630201, from Mr. J. A.
Hebert, Manager of the United States National Bank, Sheridan, Oregon.
Mrs. Hebert is the owner of a trust allotment under the Taholah unit
contract.
Although results to date are not encouraging, we shall revive the
proposal for allottee representatives whenever conditions appear
favorable. In the meantime, we shall continue to keep the allottees
informed by means of the agency's newsletters.
Sincerely yours,
(Sgd) John O. Crow
Deputy COMMISSIONER
Enclosures
cc: BIA Surname Portland AO (2) 300 Forestry File (CR 4595-57)
Forestry Chrony Mailroom Chrony Holdup
GSKephart:wm 630307
HEL-012-0654-0654
HEL-012-0654-0654
JACKSON, HENRY M US SENATE
630312
CORRESPONDENCE
FRYER, E R DOI BIA
Forestry 162-57 West.Wash.
630312
AIRMAIL
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
Enclosed is a copy of a letter dated 630227, from Senator Henry M.
Jackson, requesting information as to the current relation between the
market price of stumpage and the price being paid to allottees on the
Quinault Reservation for timber being out and sold under existing
contracts.
There is also enclosed a memorandum by the Branch of Forestry,
together with enclosures, setting forth some of the details of price
data being furnished to Senator Jackson, as well as needed additional
data.
Will you please study both the Senator's letter and the memorandum
and furnish this office, at the earliest practicable time, with the data
requested.
Sincerely yours,
(SGD) E. REESEMAN FRYER ASSISTANT COMMISSIONER
Enclosures
cc: 300 Bureau Surname Forestry File 4595-57 Forestry Chrony
Mailroom Chrony Holdup
HFWershing:wm 630308
HEL-012-0655-0655
HEL-012-0655-0655
HOLTZ, R D DOI BIA PORTLAND
630311
CORRESPONDENCE
KEPHART, G S DOI BR OF FORESTRY
Forestry 162-57
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON 25, D. C.
630311
Memorandum
To: Assistant Commissioner, Economic Development
From: Chief, Branch of Forestry
Subject: Senator Jackson's inquiry on the current relation between
the market price of stumpage and the price being paid to Quinault
allottees.
Senator Jackson is being furnished with some information requested in
his letter of 630227. The Senator is also being informed that
additional information would be obtained from the Portland Area Office.
We are furnishing Senator Jackson data concerning stumpage rates on
the Crane Creek and Taholah Units for the first quarter 630000. We are
also providing stumpage rate information for contracts on Moclips No. 2,
Queets No. 2, and River Bend No. 2. In addition we have made a
tabulation of Forest Service timber sales for 610000 and 620000 in the
civinity of the Quinault Reservation. A copy of this tabulation is
enclosed. We are also providing the Senator with a set of the charts on
comparative stumpage rates that were originally included with the
material submitted in connection with the 570000 Senate hearings. These
have been brought up to date to 610000.
The tabulation of Forest Service sales on bid rates might indicate
that Quinault stumpage rates would be somewhat higher during 610000 and
620000. The charts of stumpage rates actually received do not
necessarily reveal this situation. One of the reasons may be that the
tabulated Forest Service sales and bid rates may not be revealed as
rates actually received until one, two, or three years later. Another
factor may be that we did not include in the Forest Service tabulation
of sales for 610000 and 620000 all of those taking place in the Soleduc
Working Circle. The omitted ones are generally in Townships 28, 29 and
30 North. We are under the general impression that the rates on those
sales may be somewhat higher than those near the Quinault Reservation.
We also note a sharp drop in the average stumpage rate for western
redcedar for 610000 on the Quinault Reservation. If the tabulated
Forest Service bid stumpage rates are any indication, we would suspect a
similar drop in the Forest Service rates, but this does not appear.
This may be due to the fact that the tabulated bid rates on Forest
Service sales will not show up until later.
It is suggested that the Portland Area Office analyze this situation
and furnish us with the detailed information. It would also be
desirable for them to furnish the data on comparative stumpage rates for
the Olympic National Forest and the Quinault Reservation for 620000 if
this data is now available. It is also suggested that the Portland Area
furnish any detailed information they may have on private, state, and
other timber sales made in the general vicinity of the Quinault
Reservation during 610000 and 620000, so that Senator Jackson may be
supplied with this data.
Sincerely yours,
George S. Kephart Chief, Branch of Forestry
Enclosure
HEL-012-0656-0657
HEL-012-0656-0657
ASST COM BIA ECONOMIC DVLP
630309
CORRESPONDENCE
HANSEN, J B HOUSE OF REP
HOUSE OF REPRESENTATIVES. WASHINGTON D.C.
630309
Dept of Interior Mr. Kephart 6130 Hardin St Room 211C Baily's Cross
Rds, Va.
The attached communication is submitted for your consideration, and
to ask that the request made therein be complied with, if possible.
If you will advise me of your action in this matter and have the
letter returned to me with your reply, I will appreciate it.
Very truly yours, Julia Butler Hansen M.C.
HEL-012-0658-0658
HEL-012-0658-0660
KEPHART DOI
630221
CORRESPONDENCE
PETIT, P E
630227
Bay Center, Washington
630221
Mrs. Julin Butler Hansen House of Representatives Washington, D. C.
Dear Mrs. Hansen:
I am enclosing a breakdown on the timber being logged at the present
time on my sisters Crane Creek allotment on the Quinault Reservation.
I've been told the prices are much lower than anything being logged
on the open market that I feel it is time this matter is looked into
seriously.
It would be greatly appreciated by many of us if you would compare
these prices and give an explanation for the great difference.
Sincerely yours,
Paul & Petit Illegible
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 4-1315
Period from 621101 to 621130, inclusive Scale Book No.
SCALE REPORT
Maise Adele petit #1315. Quinault Resecrvation W/2 NE/4, 13-23-11.
Where sealed Bureau. End mark R/19 Rayonier, Inc. Crane Creek
Table not keyed, see original
621217. 621217
(Sgd.) John W. Libby
Sgd. Illegible Forest Manager Forestry Clerk
HEL-012-0659-0660
HEL-012-0658-0660
HANSEN, J B HOUSE OF REP
630307
CORRESPONDENCE
WILCOX, E R US DOI BIA PORTLAND
RECEIVED
630311
Forestry 55-2-17 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington 25, D. C.
Attention: Branch of Forestry
Sir:
Previously, we submitted to you a number of documents pertaining to
the addition of Cutting Block No. 101 to the 1963 logging plan of
Rayonier Incorporated. The plan covers operations on the Crane Creek
Logging Unit, Quinault Reservation.
In our letter dated 630218, to Superintendent Felshaw, we incorrectly
referred to the block location as being in the SE 1/4 of the Section
involved. We have now corrected this reference to properly describe the
area as being in the SW 1/4 of the Section.
Sincerely yours,
Illegible Acting Assistant Area Director
cc: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-0661-0661
HEL-012-0661-0661
COMM BIA
630301
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
Forestry 339.5 Crane Creek Allowable Cut
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630301
Mr. W. L. Vincent Manager - Land Department Northwest Timber Division
Rayonier Incorporated P. O. Box 539 Hoquiam, Washington
Dear Mr. Vincent;
Your request of 630221 for an increase in your annual allowable cut
for the year ending 630331, has been granted by the Area Director. In
accordance with the Area Office letter, dated 630227, signed by
Assistant Area Director Perry R. Sherra, you are authorized to cut an
additional 12 million board feet during that period.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
cc: Portland Area Office
HEL-012-0662-0662
HEL-012-0662-0662
VINCENT, W L RAYONIER INC
630305
CORRESPONDENCE
JACKSON, H M US SENATE
RECEIVED
630305
United States Senate COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
630227
Honorable John A. Carver Assistant Secretary of Interior Department
of Interior Washington 25, D. C.
Dear Mr. Secretary:
I would appreciate being advised as to the current relation between
the market price of stumpage and the price being paid to allottees on
the Quinault Reservation for timber cut and sold under existing
contracts. It is my understanding that the current price on the Crane
Creek contract is $11.81 per 1000 bd. ft. for White Fir, $10.69 for
Cedar and $8.89 for Hemlock. I do not have the prices for other species
which may be included in this and other contracts on that reservation.
If the price being received by the Indians is appreciably different
from the general value of stumpage in this area, could you furnish me an
explanation for the reason?
Sincerely yours,
Henry M. Jackson Henry M. Jackson HMJ:Wes
Comparative Stumpage Rates Soleduc & Quinault Working Circles
Olympic National Forest and Qinault Reservation
ALL SPECIES
Graph not keyed, see original
Comparative Stumpage Rates
Soleduc & Quinault Working Circles
Olympic National Forest and Quinault Indian Reservation
ALL SPECIES EXCEPT DOUGLAS-FIR
Graph not keyed, see original
Comparative Stumpage Rates
Soleduc & Quinault Working Circles
Olympic National Forest and Quinault Indian Reservation
WESTERN REDCEDAR
Graph not keyed, see original
Comparative Stumpage Rates
Soleduc & Quinault Working Circles
Olympic National Forest and Quinault Indian Reservation
SITKA SPRUCE
Graph not keyed, see original
Comparative Stumpage Rates
Soleduc & Quinault Working Circles
Olympic National Forest and Quinault Indian Reservation
DOUGLAS-FIR
Graph not keyed, see original
Comparative Stumpage Rates
Soleduc & Quinault Working Circles
Olympic National Forest and Quinault Indian Reservation
PACIFIC SILVER FIR (WHITE FIR)
Graph not keyed, see original
Comparative Stumpage Rates
Soleduc & Quinault Working Circles
Olympic National Forest and Quinault Indian Reservation
WESTERN WHITE PINE
Graph not keyed, see original
Western Hemlock
Graph not keyed, see original
Comparative Stumpage Rates Soleduct Quinault Working Circles
Olympic National Forest and Quinault Reservation
HEL-012-0663-0671
HEL-012-0663-0671
CARVER, J A DOI
630226
CORRESPONDENCE
CROW, J O DOI BIA
Forestry 162-57
630226
Rayonier, Incorporated P. O. Box 539 Hoquiam, Washington
Gentlemen:
This refers to contract number I-101-Ind-1902 covering your purchase
of timber on the Crane Creek Logging Unit, Quinault Indian Reservation.
Sections 7 to 10, inclusive, of the contract describe the procedure
by which stumpage rates are adjusted periodically in accordance with
fluctuations in certain log prices as reported by the Pacific Northwest
Loggers Association. Such an adjustment of stumpage rates was made
effective for the period 000100 to 630331, based upon the Association's
published log prices for the period 001000 to 621231.
We have received notice that the Pacific Northwest Loggers
Association has been dissolved. You are therefore notified that
henceforth section 11 of the Crane Creek Logging Unit contract will be
invoked in any change of stumpage rates. It provides:
"11. NOTWITHSTANDING any other provisions of this contract it is
mutually agreed that, in the event the said Pacific Northwest Loggers
Association's Composite Sales Analyses are unavailable during any
periods of this contract for use in connection with these stumpage
adjustments, or in the opinion of the Approving Officer they do not
properly reflect the true market value of the stunage, the Approving
Officer shall at any time, after giving thirty days notice to the
Purchaser and to the Indians in General Council or their authorized
representatives, during which time they may consult with the Approving
Officer, proceed to revise stumpage rates in this contract as the trend
of economic conditions in the West Coast forest products industries
shall warrant; PROVIDED, that the requirements of notice in this
section shall be satisfied when the new rates established under this
authority are made effective thirty days after notice by the Approving
Officer to the Purchaser and the Indians that he intends to proceed
under the authority of this section to revise stumpage rates; PROVIDED
FURTHER, that the requirements of quarter-annual adjustment of stumpage
rates shall not apply to the procedure authorized by this section."
630331
You are also informed that the stumpage rates of the Crane Creek
Logging Unit contract that were made effective for the period 000100 to
630430, will remain in effective until such time as they may be changed
pursuant to section 11 of the Crane Creek Logging Unit contract.
Sincerely yours, (Sgd) John O. Crow Deputy Commissioner
cc: Area Office, Portland, Oregon (3) 300 Bureau Surname Forestry
Chrony Mailroom Chrony Holdup
G Kephart:mjm 630219
NOTE TO AREA DIRECTOR: You should notify the Quinault Tribal Council
of this action, and appropriate notice should also appear in the next
issue of the Agency's newsletter.
(C.R. Ltr to Comm., BIA, dtd 630212, from Actg. Asst. Area Dir.
Earle R. Wilcox, Portland Area Office, File 4595-57-339 WEST.
WASHINGTON; Taholah.)
HEL-012-0672-0673
HEL-012-0672-0673
RAYONIER INC
630225
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Forestry 339.5 Crane Creek Logging Plans 630000
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630225
Rayonier, Incorporated Northwest Timber Division Box 539 Hoquiam,
Washington
Gentlemen:
Your request for addition of Cutting Block No. 101, located in the 23
1/2 of Section 3, T. 22N., R. 11W., to your 630000 logging plan was
approved by Assistant Area Director Perry E. Skarra on 630218. You may
proceed with logging operations in this block at your convenience.
Sincerely yours, (SGD) M.L. SCHWARTZ ACTING Superintendent
cc: Portland Area Office
HEL-012-0674-0674
HEL-012-0674-0674
RAYONIER INC
630219
CORRESPONDENCE
WILCOX, E R US DOI BIA PORTLAND
Forestry 56-8-1 - 339.5 Crane Creek 55-5-1 - 339.5 Taholah
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
630219
Mr. George S. Kephart, Chief Branch of Forestry Bureau of Indian
Affairs Washington 25, D. C.
Dear Kep:
On 621210, we sent you reviews of stumpage to log price ratios
covering the Crane Creek and Taholah Logging Units. As you know, the
P.N.L.A. Log Prices are no longer available. The last prices made
available were those covering the fourth quarter 620000. We have made
another brief review to see what changes have taken place since the
fourth quarter of 600000, the period on which the establishment of the
present ratios were based. Copies of these reviews are enclosed for
consideration by you and Henry. The pertinent points pertaining to
Crane Creek Logging Unit appear to be:
1. Western red cedar and western hemlock average log prices, based
on the Puget Sound-Grays Harbor log markets, have increased 77 cents and
$1.32, respectively.
2. When the quarterly log market prices are applied to the Crane
Creek Unit log grade percentages, western red cedar has decreased 77
cents while western hemlock has increased $2.54.
3. It appears that the adjustment for Crane Creek Logging Unit would
be an average increase of approximately 71 cents per thousand for all
species.
The pertinent points pertaining to the Taholah Logging Unit are:
1. That average Puget Sound-Grays Harbor western red cedar prices
have increased 77 cents and western hemlock prices have increased $1.32.
2. When the average Taholah Unit log grade percentages are applied,
the western red cedar price has increased 19 cents while the western
hemlock price has increased $2.31.
3. The indicated upward adjustment amounts to only about 45 cents
per thousand board feet for all species as shown in Exhibit B(1) of the
report.
We do not believe there has been any increase in production costs
since the fourth quarter of 600000. However, we do not have studies
covering the calendar year 620000. We expect to make these studies as
soon as possible.
The enclosed reports are to be considered indicative but not
conclusive. Adjustments would have to be made on the basis of more
detailed studies. Actually, a brief study of the situation leads us to
believe that if full scale studies were made, the Taholah Unit
adjustment might be slightly less than indicated above and the Crane
Creek adjustments slightly more.
Under the circumstances do you believe it wise to leave the prices as
they are or to recommend a minor upward adjustment since no P.N.L.A. log
prices will be available in the future? After you and Henry have
considered this matter, John, Ken, and I would like to discuss it with
you on the telephone.
Sincerely yours,
Earle
Earle R. Wilcox
Enclosures (2)
cc: Hoquiam Subagency w/enclosures
A REVIEW OF STUMPAGE TO LOG PRICE RATIOS CRANE CREEK LOGGING UNIT
QUINAULT INDIAN RESERVATION WASHINGTON
This contract provides for automatic adjustment of stumpage rates for
each quarterly period beginning 000101, 000401, 000701 and 001001. The
specified percentages of grades of logs for each species are applied to
the quarterly log prices to obtain the average log prices. The average
log price for each species is then applied to the established ratio to
obtain the stumpage rate. Provisions for changing the ratios are
contained in the following clause of the contract:
"The officer approving this contract or his duly authorized
representative, +++ may review the stumpage rates established by the
procedure set forth in sections 6 to 9, inclusive, either on his own
initiative or upon submission by the purchaser of evidence satisfactory
to the Approving Officer that such a review should be made. If, as a
result of said review, the Approving Officer finds that the character of
the operation, changes in market conditions or other factors have
altered the situation to such an extent that, in his opinion, a change
in the existing ratios between stumpage rates and the Grays Harbor-Puget
Sound; Columbia River weighted average log price is warranted, he shall
give thirty days notice to the purchaser and the Indians in General
Council or their duly authorized representatives of his intention to
establish new ratios between stumpage rates and the Grays Harbor-Puget
Sound-Columbia River weighted average log prices, during which time the
purchaser and the Indians may consult with the Approving Officer +++".
The ratios established 600701 resulted in appeals by the purchaser.
Since that time, it has been necessary to compute two stumpage rates
based on two ratios and to set up a separate account for stumpage
withheld pending a decision on the appeal. (The stumpage money being
withheld is the difference between the ratios in effect prior to 600701,
and those recommended by the Bureau subsequent to 600701.) Another set
of ratios were recommended in revaluation studies early in 610000.
These ratios were approved and became effective 610401. It is still
necessary to maintain a special deposit account since stumpage of some
species computed using the current stumpage to log price ratios is still
higher than the stumpage determined using ratios in effect prior to
600701.
The stumpage to log price ratios presently in effect were based on
conditions as of the fourth quarter 600000. Those ratios in effect
previous to the present ones were based on conditions as of the first
quarter 600000. Exhibit A presents a comparison of average Puget
Sound-Grays Harbor Log Market prices for the first quarter 600000,
fourth quarter 600000, third quarter 620000, and fourth quarter 620000.
According to the computations in this exhibit, western red cedar and
western hemlock prices for the fourth quarter 620000 were $0.77 and
$1.32 per MBM higher respectively than the prices for the fourth quarter
600000. A comparison of log values for the Crane Creek Unit is given in
Exhibit B. In computing these log prices, the percentages of various
grades in each species for the three years prior were multiplied by the
Puget Sound-Grays Harbor log grade prices. The actual change in log
values for cedar and hemlock from fourth quarter 600000 to fourth
quarter 620000 amounted to, $0.77 and $2.54 per MBM respectively.
Present logging costs are believed to be similar to those in effect
during the fourth quarter 600000, with increased operational efficiency
offsetting increased labor costs.
In Exhibit A(1) which follows Exhibit A, the average Puget
Sound-Grays Harbor log market price difference between the fourth
quarter 600000 and the fourth quarter 620000 for each species is
multiplied by the present which that species has made up of the total
cut for the 3-year period 600101 to 621231. This resulted in an average
log price increase of 84 cents per thousand feet board measure.
In Exhibit B(1) which follows Exhibit B, the differences in Crane
Creek log values for the fourth quarter 600000 and the fourth quarter
620000 have been adjusted by the difference between the rates on which
the last ratios were based and the rates for the first quarter 630000 as
shown in Exhibit H. These adjusted differences, multiplied by the
percent that each species made up of the cut on the Crane Creek Unit for
the period 600101 to 621231, indicate that the average value for all
species combined, for which no adjustment has been accounted for through
quarterly stumpage adjustments, amounts to about 78 cents per thousand
feet board measure. Assuming that there has been no change in
production costs since the last adjustment and using the same P & R
factor that was used on previous adjustments, the indicated stumpage
adjustment would amount to about 71 cents per thousand.
As P.N.L.A. log prices are no longer available, future adjustment of
stumpage rates must be made under authority of Section 11 of the Crane
Creek Logging Unit contract which reads as follows:
"11. NOTWITHSTANDING any other provisions of this contract it is
mutually agreed that, in the event the said Pacific Northwest Loggers
Association's Composite Sales Analyses are unavailable during any
periods of this contract for use in connection with these stumpage
adjustments, or in the opinion of the Approving Officer they do not
properly reflect the true market value of stumpage, the Approving
Officer shall at any time, after giving thirty days notice to the
Purchaser and to the Indians in General Council or their authorized
representatives, during which time they may consult with the Approving
Officer, proceed to revise stumpage rates in this contract as the trend
of economic conditions in the West Coast forest products industries
shall warrant; PROVIDED, that the requirements of notice in this
section shall be satisfied when the new rates established under this
authority are made effective thirty days after notice by the Approving
Officer to the Purchaser and the Indians that he intends to proceed
under the authority of this section to revise stumpage rates; PROVIDED
FURTHER, that the requirements of quarter-annual adjustment of stumpage
rates shall not apply to the procedure authorized by this section."
EXHIBIT A
Comparison of Average Log Values Puget Sound - Grays Harbor Log
Markets
Table not keyed, see original
EXHIBIT A(1)
CRANE CREEK
Table not keyed, see original
EXHIBIT B
Comparison of Log Values
Table not keyed, see original
Exhibit b 2
Table not keyed, see original
(1) See Exhibit G
Table not keyed, see original
EXHIBIT B(1)
Table not keyed, see original
EXHIBIT C
Puget Sound - Grays Harbor 1st Qtr. 600000 Log Market Average Prices
Table not keyed, see original
EXHIBIT D
Puget Sound - Grays Harbor 4th Qtr. 600000 Log Market Average Prices
Table not keyed, see original
EXHIBIT E
Puget Sound - Grays Harbor 3rd Qtr. 620000 Log Market Average Prices
Table not keyed, see original
EXHIBIT F
Illegible
Table not keyed, see original
EXHIBIT G
Crane Creek
600101-621231 Cut 3 year period
Table not keyed, see original
EXHIBIT H
CRANE CREEK
Table not keyed, see original
HEL-012-0675-0694
HEL-012-0675-0694
KEPHART, G S BR OF FORESTRY BIA
620218
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
630225
Forestry 55-2-17 - 339.5
Crane Creek
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND 8, OREGON
620218
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
We have examined the proposal of Rayonier Incorporated to include
Cutting Block No. 101 as part of their 630000 logging plan. The
recommended addition was submitted with your letter dated 630211 and
pertain to the company's operations on the Crane Creek Unit.
In accordance with your recommendations, we are hereby approving the
proposed addition. You may inform Rayonier Incorporated that the
addition of Cutting Block No. 101, located in the SE 1/4 of Section 3 T.
22 N., R. 11 W., to their 630000 logging plan has been approved as
submitted.
Sincerely yours,
(Egd) PERRY B. SKARRA
Assistant Area Director
cc: Hoquiam Subagency
Commissioner, Attn. Br. of Forestry w/enclosures (3)
HEL-012-0695-0695
HEL-012-0695-0698
FELSHAW, G M W WASH AGENCY
630211
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.5 Cutting Plans Crane Creek
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
630211
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
Enclosed, in duplicate, is a map depicting block No. 101, which
Rayonier has requested to be included as part of their 630000 logging
plans, together with a copy of their letter. Our forestry staff has
cruised the block, and the volumes obtained are shown below:
Block No. 101 - 46 acres:
Table not keyed, see original.
The estimated log grade percentages would be comparable to those
shown in the table of estimated log grade percentages for the timber
included in the 630000 logging plans.
Block 17, which is located in the NE 1/4 of Section 3, was logged
during 550000. Reproduction has become established along the boundary
of the block. Block No. 20, which is immediately east of the south end
of block 101, was logged during 570000 & 580000. Salvage operations are
now taking place in this area.
It is recommended that this block be approved for cutting as part of
Rayonier's logging plans for 630000 in the Crane Creek Logging Unit.
Sincerely yours,
Illegible
Superintendent
Enclosures
HEL-012-0696-0696
HEL-012-0695-0698
HOLTZ, R D BIA PORTLAND
630207
CORRESPONDENCE
VINCENT, W L RAYONIER INC
RECEIVED
(ILLEGIBLE DATE)
RAYONIER INCORPORATED
Eighth and Levee, Hoquiam, Washington
Mail Address - Box 539
630207
Mr. Don Clark
Western Washington Indian Agency Post Office Building Hoquiam,
Washington
Dear Mr. Clark:
In accordance with our prior discussions, Rayonier submits herewith a
request for approval of Cutting Block No. 101 to be included as a part
of the logging plan for 630000. Five copies of a plat showing its
location are attached.
Yours very truly,
RAYONIER INCORPORATED
Manager - Land Department Northwest Timber Division
WLVincent/lb attachements
cc: Western Washington Indian Agency Everett, Washington
RAYONIER INCORPORATED
County Grays Harbor
By R.F.
Twp. 22 N.
Rge. 11 W.
Date 630200
Sec. 3
Map not keyed, see original
HEL-012-0697-0698
HEL-012-0695-0698
CLARK, D W WASH INDIAN AGENCY
CORRESPONDENCE
SUPT W WASH INDIAN AGENCY
Forestry 339.5 Price Changes Crane Creek Unit
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630120
Mr. L. J. Forrest, Manager Northwest Timber Division Rayonier,
Incorporated P. O. Box 539 Hoquiam, Washington
Dear Mr. Forrest:
We have calculated the average log prices and stumpage prices from
the Pacific Northwest Loggers Association reportings for the fourth
quarter of 620000, based on ratios in effect prior to 600701 as well as
those in effect on 630101.
The stumpage rates for timber cut on the Crane Creek Unit since
600701 have not yet been definitely determined. A final decision by the
Secretary of the Interior is still pending, concerning appeals made by
your company in protest of stumpage to log price ratios established by
the Commissioner of Indian Affairs as of that date. Until a decision is
reached by the Secretary, it is necessary to maintain two sets of
accounts. Stumpage value figured at current ratios, that are in excess
of values figured at the ratios that were in effect prior to 600701 are
placed in a bolding account pending the Secretary's decision.
While ratios established 610401 are lower than those established
600701, they are still higher for some species than the ratios that were
in effect prior to 600701. This is true of Douglas fir, Pacific silver
fir and western white pine on the Crane Creek Unit. For those species,
it is still required that the difference between rates computed at
current ratios and rates computed at ratios in effect prior to 600701 be
withheld and placed in the holding account.
"Table not keyed, see original"
The stumpage rates indicated above are effective 630101 for the
quarterly period ending 630331
Sincerely yours,
Superintendent
Area Office Central Office
HEL-012-0699-0700
HEL-012-0699-0700
FORREST, L J RAYONIER INC
630215
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
630219
Forestry 57-12-2 - 040
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
630215
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Sir:
This refers to recent attempts to develop an interest in the
formation of a committee to represent the Quinault allottees in various
negotiations relating to the Crane Creek and Taholah Logging Units.
Your most recent letter of 621218 indicates that you will be interested
in learning the results of follow-up attempts.
Enclosed is one copy each of the following correspondence concerning
this matter:
1. Letter of 630104 from Western Washington Agency addressed to Mrs.
Daisy Hukkala. A similar letter was addressed to the seven other
Quinault allotment owners who had previously indicated an interest in
formation of the proposed committee.
2. Letter of 630201 from Mr. J. A. Hebert, Manager, United States
National Bank, Sheridan, Oregon.
3. Letter of 630204 addressed to Mr. Hebert by Western Washington
Agency.
4. Letter of 630204 with which Superintendent Felshaw transmitted
the most recent correspondence to this office.
These items will bring you up to date concerning the efforts of the
Western Washington Agency to establish the proposed committee.
Sincerely yours,
illegible Assistant Area Director
Enclosures 4
HEL-012-0701-0701
HEL-012-0701-0705
COMM BIA
630204
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
Forestry 061
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630204
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
On 630104, we wrote to you concerning our efforts in connection with
the proposed formation of an Advisory Committee of Quinault allottees.
With this letter we enclosed a copy of a letter which we addressed to
each of the eight people who had expressed an interest in the formation
of such a committee and offered to assist in its establishment. To date
we have received one reply from those eight letters.
Enclosed, in duplicate, is a copy of Mr. J. A. Hebert's letter of
630201, together with our reply of this date. It should be noted that
Mrs. Hebert is the owner of a trust allotment under the Taholah timber
contract.
Sincerely yours,
(Sgd) George M. Felshaw Superintendent
Enclosures
HEL-012-0702-0702
HEL-012-0701-0705
HOLTZ, R D BIA PORTLAND
630204
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
Forestry 061
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630204
Mr. J. A. Hebert, Manager United States National Bank Sheridan,
Oregon
Dear Mr. Hebert:
Thank you for your letter of 630201. We appreciate the interest
shown by you and Mrs. Hebert in matters affecting the welfare of the
Quinault allottees.
In view of the apparent lack of interest, we plan no further effort
at this time to establish the comtemplated committee to represent them
in matters affecting the operations on the Quinault. If the situation
should change sometime in the future, we shall be happy to pursue the
matter further.
Sincerely yours,
(Sgd) George M. Felshaw Superintendent
cc:
Portland Area Office w/copy of incoming letter
HEL-012-0703-0703
HEL-012-0701-0705
HEBERT, J A US NAT BANK
630201
CORRESPONDENCE
MANAGER US NAT BANK
SHERIDAN BRANCH THE UNITED STATES NATIONAL BANK OF PORTLAND OREGON
SHERIDAN BRANCH
630201
United States Department of Interior Bureau of Indian Affairs Western
Washington Indian Agency 1620 Hewitt Avenue Everett, Washington
Re: Forestry-061
Attention: W.J. Decelle, Acting Superintendent
Dear Sir:
In reply to your letter of 630104, in which you informed me of the
apparent apathy of the allottees to form a committee to represent
themselves, I feel that there is probably little value of proceeding
with the proposal, as outlined in the Quinault Newsletter No. 20.
I do not feel that the Quinault Business Committee adequately
represents the Indian interest, however, since the majority of the
people, evidentally, feel this way there is little that can be done to
rectify this situation.
I sincerely appreciate the interest shown by your office and perhaps
with the passing of time an opportunity may arise where it would be well
to take another look at this problem.
Sincerely,
Manager
JAM:mj
HEL-012-0704-0704-B
HEL-012-0704-0704
DECELLE, W J W WASH AGENCY
630104
CORRESPONDENCE
DECELLE, V J W WASH INDIAN AGENCY
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630104
Mrs. Daisy Hukkala Route 1 Box 8A Black Springs, Nevada
Dear Mrs. Hukkala:
Quinault Newsletter No. 20 proposed the formation of a committee to
represent Quinault allottees on matters affecting their allotments on
the Quinault Reservation. This letter was mailed to 1200 allottees and
heirs with interests in allotments. They were asked to reply and state
whether they favored formation of such a committee and if they would
support it.
We received only twelve replies. One of these opposed the idea. Of
the others, only eight offered support for the organization of the
proposed committee.
Quinault Newsletter No. 21, dated 621108, carried a report of these
results and stated: "Substantially more interest will be necessary if
formation of this committee can be undertaken with any hope for success.
There has been no response to this letter.
It appears that those who live on the reservation are generally
opposed to the formation of the proposed committee. They apparently
feel that the Quinault Business Committee adequately represents their
interests.
A substantial majority of the Quinault allottees reside away from the
reservation. They are scattered throughout the United States from
Hawaii to New York with most of them living in Washington, Oregon and
California. Their principle interests are apparently in the committee
where they live.
You were one of the eight people who expressed an interest in the
formation of a committee to represent these people. We would appreciate
an expression from you as to any further attempts that you feel might be
undertaken towards the formation of the proposed committee.
Sincerely yours,
ACTING (Sgd) V. J. DeCelle Superintendent
cc: Portland Area Office
HEL-012-0705-0705
HEL-012-0701-0705
HUKKALA, D
630107
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
Forestry 339.5 Cr. Crk.Logging Plans - 630000
Your reference:
Forestry 55-2-17 - 339.5
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630107
Rayonier, Incorporated Northwest Timber Division Box 539 Hoquiam,
Washington
Gentlemen:
Your logging plans for the logging year 630000 have been approved by
Mr. Karle R. Wilcox, acting for the Assistant Area Director. You may
proceed with logging operations accordingly.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
cc: Portland Area Office (2)
HEL-012-0706-0706
HEL-012-0706-0706
RAYONIER INC
630104
CORRESPONDENCE
WILCOX, E R US DOI BIA PORTLAND
RECEIVED
630108
Forestry 55-2-17 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
We have examined the logging plan of Rayonier Incorporated for the
logging year 630000. The plan was submitted with your letter dated
630103, and pertains to operations on the Crane Creek Logging Unit. You
recommended approval.
In accordance with your recommendations, you may inform Rayonier
Incorporated that the logging plan has been approved as submitted.
Sincerely yours,
(Sgd) EARLE R. WILCOX Acting Assistant Area Director
cc: Commissioner, Attn. Branch of Forestry w/enclosures (2) Hoquiam
Subagency
HEL-012-0707-0707
HEL-012-0707-0720
FELSHAW, G M W WASH AGENCY
630103
CORRESPONDENCE
SUPT W WASH INDIAN AGENCY
Forestry 339.5 Logging Plans 630000 Crane Creek
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630103
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
Enclosed, in duplicate, are 630000 logging plans for the Crane Creek
Unit as proposed by Rayonier, Incorporated. Also enclosed is Mr.
Clark's memorandum 621228, in which he presents his analysis of the
proposed plans, supported by Mr. Art Woll's report of inspection.
Mr. Libby has reviewed the plans and concurs with Mr. Clark's
recommendation. It will be noted that relatively few new blocks have
been added. Most are carried over from plans previously approved.
Approval of the plan is recommended.
Sincerely yours,
Superintendent
Enclosures
HEL-012-0708-0708
HEL-012-0707-0720
HOLTZ, R D BIA PORTLAND
621228
CORRESPONDENCE
CLARK, D W BIA
621228
John W. Libby, Forest Manager
Don W. Clark, Assistant Forest Manager
63000 Logging Plans - Crane Creek Logging Unit
We have completed our field inspection of Rayonier's 630000 Logging
plans. The blocks proposed for logging have also been discussed with
their forestry and logging personnel. Data obtained from the Crane
Creek inventory was used to calculate the net volumes estimated to be
harvested from the cutting blocks, together with information obtained
from the Unit timber type map and "cut-out" data#.
Attached are tables showing the estimated net volumes and log grade
percentages by species. Table 1 shows the acreage and net volumes by
species for the new logging blocks. Table 2 gives the net volumes and
log grade percentages by species for all timber that has been previously
approved for cutting plus the additional volume of the proposed blocks
for 630000. The status of the logging blocks previously approved for
cutting along with the new blocks is shown below:
Table not keyed, see original
The company plans to start falling timber in Block 24 after resuming
operations on 000100. The timber in this block is predominately cedar.
We are hoping the demand for cedar will improve somewhat so that
operations can move into blocks No. 8B, 32A, 36 and 44. All of these
blocks contain primarily cedar, and have been approved for logging for
at least two years. If this can be accomplished, logging can be brought
up-to-date with only a few 610000 blocks remaining to be logged.
#Net volumes and grade recovery by species as scaled and graded by
the Grays Harbor Log Scaling and Grading Bureau.
Rayonier is continuing to develop roads in the extreme west side of
the Unit, particularly in Section 25 of Township 23 North, Range 11
West. Other major road projects will be located in the extreme
northwest and southwest parts of the Unit, and along the east side from
the Reload south toward the Quinault River.
The average size of all blocks submitted for approval in 630000 is
approximately 108 acres. This is comparable to the average size of all
blocks logged the past 3-4 years - slightly over 100 acres. It is our
opinion that this average size block is not excessive considering
topography, timber types, stand conditions and road development.
Blocks 76 and 80 are located adjacent to the first block logged in
the Unit in 530000. Salvage operations are now being conducted within
the block. As a result of these operations, much of the cedar slash has
been broken down and isolated in small areas, thereby minimizing the
hazard, and the rate of spread. Natural reproduction which has become
established following initial logging operations is satisfactory. Thus,
we believe that the adjacent blocks can be scheduled and approved for
logging. Some silver fir bark beetle activity has been observed in the
Pacific silver fir stands in these areas. Consequently, it would be
desirable to schedule cutting in these areas as soon as possible.
Enclosed are three copies of the map plan, together with our
inventory date of the estimated volumes and log grade percentages - one
for your office and two for the Area Office. It is recommended that the
proposed logging blocks for 630000, as submitted, be approved.
Sgd. Don W. Clark Assistant Forest Manager
PROCEDURE USED TO OBTAIN ESTIMATED VOLUMES AND LOG GRADE PERCENTAGES
BY SPECIES OF THE TIMBER TO BE REMOVED FROM CUTTING BLOCKS IN THE 630000
LOGGING PROGRAM
CRANE CREEK LOGGING UNIT - QUINAULT INDIAN RESERVATION, WASHINGTON
The estimated net volumes of the cutting blocks were calculated in
the office, mainly with the use of the Crane Creek Inventory data,
planimetric type map, and "cut-out"# figures. The blocks were examined
on the serial photographs and inspected in the field.
Each block was broken down by type acreage with volume per acre by
species being derived from the inventory data for the type represented.
This volume was then verified or adjusted by "cut-out" figures of
adjacent blocks and by field inspections. Grade determination was made
in a like manner.
After consultation with Rayonier's forestry staff, it was decided
their estimates of volume and species representation on proposed logging
blocks should be improved. Our procedure and accuracy of estimates was
discussed with them. Their estimates for the 630000 logging blocks
compared very well with ours.
Sgd Arthur M. Woll Forester
"cut-out"# - Net volume and grade representation by species as scaled
by the Grays Harbor Log Scaling and Grading Bureau.
Table 1
630000 Logging Block - Crane Creek Unit Volume by Species - M.B.M.,
Net
Table not keyed, see original
Table 2
630000 Logging Blocks - Crane Creek Unit Volume by Grade Percent -
MBM
Table not keyed, see original
CRANE CREEK VICINITY MA SCALE: 1" = 2640'
Map not keyed, see original
CRANE CREEK UNIT VICINITY MAP SCALE: 1" = 2640'
Map not keyed, see original
HEL-012-0709-0719
HEL-012-0707-0720
LIBBY, J W W WASH INDIAN AGENCY
621226
CORRESPONDENCE
KEPHART GS BIA BR OF FORESTRY WORTHMAN CD
Forestry 1731-61 621226
Memorandum
To: Commissioner
From: Chief, Branch of Forestry
Subject: Adjustment of stumpage rates--Quinault Reservation
With your memorandum of 620601, you submitted to Assistant Secretary
Carver for his approval proposed "Criteria and Procedures in Adjustment
of Stumpage Rates ###." This was a followup on the Assistant Secretary's
letter of 611023, to Senator Jackson stating that such criteria would be
established and made known. Several drafts of criteria had been
prepared by Mr. Carver's staff and by ourselves, but none has been
mutually acceptable. The draft submitted with your memorandum of
620601, appears to be acceptable from the viewpoint of the Bureau.
No response to your memorandum has been received from the Assistant
Secretary. Lacking such response, we believe the proposed criteria
provide the best available guide, and we are proceeding accordingly.
The enclosed memorandum from the Western Washington Agency, together
with the covering letter from the Acting Area Director, are "limited
reviews" as contemplated by the criteria. They indicate that stumpage
adjustments of the Crane Creek and Taholah Logging Unit contracts are
not justified at this time.
In the circumstances, the Branch of Forestry plans to defer further
action in this matter until additional information on market conditions
is available.
Charles D. Worthman For George S. Kephart Chief, Branch of Forestry
Enclosures
cc: Bureau Surname Forestry Chrony Mailroom Chrony Files 162-57 abd
4595-57 HFWershing:kg 10/21/62
HEL-012-0720-0720
HEL-012-0707-0720
COMM
621220
CORRESPONDENCE
HOLTZ, R D US DOI BIA
RECEIVED
621226
Forestry 55-5-1 - 339.5 Taholah L.U. 56-8-1 - 339.5 Crane Crk. L.U.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND 8, OREGON
621220
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington 25, D. C.
Attention: Branch of Forestry
Sir:
In your letter dated 621214, you discussed seven problems affecting
orderly management of timber resources on the Quinault Reservation which
Mr. Wilcox described in his memorandum covering a field trip to the
Western Washington jurisdiction.
We particularly look forward to discussing Item 3, "Limitations on
annual cuts under the Crane Creek and Taholah Units contracts," with Mr.
Kephart on his next visit to this area. Your letter of 611117, was
acknowledged by our letter of 611227, a copy of which is enclosed for
your ready reference.
We have given Item 5, "Sales of so-called "nonmerchantable" timber
within the Crane Creek and Taholah Logging Units" further consideration.
Delineation of these "nonmerchantable" areas would be extremely
difficult if not impossible. The enclosed copy of our letter dated
621218, to the Superintendent Western Washington Agency, together with a
memorandum from Mr. John P. Drummond to the Area Forester, will give
you our present thinking on this problem.
Sincerely yours,
R. D. Holtz
Area Director
Enclosures (3)
HEL-012-0721-0721
HEL-012-0721-0728
COMM BIA DC
611227
CORRESPONDENCE
MOORE, H L BIA
Forestry 339.5
611227
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington 25, D. C.
Dear Sir:
Your letter of 611117, concerns the contracts covering the Crane
Creek and Taholah Logging Units of the Quinault Reservation. This
letter was thoroughly discussed by Mr. Wershing, Assistant Chief, Branch
of Forestry, Superintendent Ringey, Forest Manager John Libby, Assistant
Forest Manager Don Clark and members of the Area Office Forestry Staff.
Enclosed is a copy of a letter from Mr. Ringey to the Area Director
dated 611218. We are in general agreement with the opinions expressed
by Mr. Ringey. The third alternative expressed in your letter dated
611117, appears to be the most desirable. This proposal would require a
modification to the contract to make it legally possible for the
purchaser to cut all the timber by the expiration date.
At this time, we would not concede that the purchaser does not have a
responsibility to remove the timber designated as "small merchantable"
even though it may not be profitable for him to do so. Therefore, any
steps toward removing areas from the unit by mutual consent must be
taken only after very careful consideration.
The purchase of the areas by the U. S. Government, which Mr. Ringey
offers as another alternative, is certainly worth considering. However,
this would require congressional study and action. Such action would
undoubtedly be of considerable benefit to many of the Indian owners.
However, since Congress may not be favorably inclined toward Federal
acquisition, we must proceed with the most effective administrative
action possible under the existing contracts.
As you indicated, we have an opinion from the Solicitor relative to
the Twin Lakes Logging Unit on the Colville Reservation. This opinion
in the form of a memorandum to the Commissioner from the Associate
Solicitor contains the following statement. "There is no requirement in
the contract, which substantiates the position taken by the contractor,
to the effect that unless the Secretary increase the allowable cut he
must extend the time in which to complete the contract." So far as we
can see this opinion does not relieve the purchaser from cutting the
entire volume included under the contract if the Secretary wishes him to
do so.
In his memorandum regarding the Twin Lakes Contract, the Associate
Solicitor reviewed the background and present situation relative to that
sale. The Solicitor's opinions concerning the Crane Creek and Taholah
Contracts may be different than those he expressed relative to the Twin
Lakes Unit because of the differences in circumstances. The Crane Creek
and Taholah Contracts present a considerably different land ownership
situation than found under the Twin Lakes Logging Unit Contract. Under
the latter contract it is possible for the contractor to log all of the
allotted timber prior to the termination date of the contract and still
have a sizable area of uncut tribally-owned timber. As you are aware
the area within the Crane Creek and Taholah Units consists almost
entirely of allotted lands. Accordingly, any sizable volume which
remains uncut at the expiration date of the respective contracts will be
largely on individually owned allotments.
Present policy requires consultation with Indian owners prior to the
modification of contracts. This is much easier to accomplish in cases
involving only tribal lands and tribal representatives than it is in
cases involving hundreds of allotments with no truly representative
groups.
In conclusion, it is obvious that any administrative actions which
are taken without the mutual consent of the contracting parties must be
made within the legal authorities provided by the existing contracts.
Accordingly, we firmly agree with Mr. Fryer's statement that we should
obtain the Solicitor's advice before approaching either the purchasers
or the Indians. We believe that special effort should be made to obtain
such advice at the earliest practicable time.
Sincerely yours,
Sgd H.L. Moore Acting Area Director
Enclosure
cc: Supt, Western Washington Agency Don Clark, Hoquiam
HEL-012-0722-0723
HEL-012-0721-0728
COMM BIA
621218
CORRESPONDENCE
HOLTZ, R D DOI BIA
Forestry 55-5-1 - 339.5 Taholah L.U.
621218
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Enclosed is a copy of memorandum dated 621212, from Mr. John P.
Drummond to the Area Forester concerning one of the subjects discussed
with members of your staff during Mr. Drummond's field trip to the
Quinault Reservation 001205 and 001206.
For a number of years, the Aloha Lumber Corporation has requested
that the timber contract covering the Taholah Logging Unit be modified
to permit the purchaser to log areas of timber presently considered
"submerchantable" at reduced rates. On the basis of the information
gathered to date, it appears that an early modification of the contract
for this purpose is impracticable.
If you and your staff are in agreement with the points brought out in
the enclosed memorandum, we suggest that you write to Mr. Paul R. Smith,
President of the corporation. You should inform him that after giving
his request considerable study, we have concluded that early
modification of the contract for the purpose of reducing the timber
prices in the "submerchantable" areas appears unlikely at the present
time. We suggest that you inform him that field examination of the area
leads us to believe that it would be practically impossible to delineate
the "submerchantable" areas from areas considered merchantable under
terms of the existing contract.
Sincerely yours, (Sgd.) R. D. HOLTZ
Area Director
Enclosures
cc: Hoquian Subagency w/enclosure
HEL-012-0724-0724
HEL-012-0721-0728
FELSHAW, G M W WASH AGENCY
621212
CORRESPONDENCE
DRUMMOND, J P US GOVT
621212
UNITED STATES GOVERNMENT
Memorandum
TO: Area Forester
FROM: John P. Drummond
SUBJECT: Request of the President of Aloha Lumber Corporation that
certain areas of predominately submerchantable timber within the Taholah
Logging Unit be designated for cutting on a cordwood basis.
I spent 001205 and the morning of 001206 on the Quinault Reservation.
The main purpose of my trip was to study with Messrs. Libby and Clark
Mr. Paul R. Smith's request that certain areas of predominately
"substandard" timber within the Taholah Logging Unit be designated for
production on a cordwood basis.
The original contract provides for the sale of "all the merchantable
dead timber, standing or fallen, and all the merchantable live timber,
marked or otherwise designated by the officer in charge for selective
logging, as required by the General Timber Sale Regulations, comprising
trees approximately 14 inches and larger at a point 4 1/2 feet from the
ground, located on allotted lands covered by contracts # # #."
The modification approved 560321, provides for salvage logging and
prelogging of certain areas. The prelogging portion of the modification
contains the following statement:
"Timber removed in such prelogging operations may be produced in the
form of cordwood from standing or down timber of any size and will be
paid for at the contract rate per M board feet established for saw
timber for each species. # # #."
For several years, Mr. Smith, President Aloha Lumber Corporation, has
requested that we take some action to make it possible for him to log
the so-called "substandard areas" at reduced stumpage rates. In
determining whether or not this is feasible, many things have to be
taken into consideration. A number of the items which we considered are
as follows:
1. The present contract requires that the purchaser shall cut and
pay for timber 14 inches and greater in d.b.h.
2. The allottees were informed that they would receive one price for
each individual species regardless of quality.
3. Current revaluation procedures (using the average log grades
removed from the unit during the past three years) provide for an
adjustment of the stumpage rates in accordance with the quality of
timber cut.
4. The so-called "substandard areas" would have to be definitely
described and marked on the ground. Material presently considered
merchantable could not be included with the so-called "substandard
material."
5. The original contract approved 500512 expires 790401. The
original estimate was 545 million feet. The cut to date is
approximately 400 million feet. The volume of clearly merchantable
timber remaining to be cut on this unit is in excess of one billion
feet. The maximum allowable cut under the terms of the contract is one
hundred million feet every three years. It is evident that the
purchaser will not be able to remove all of the timber designated in the
timber inventory as merchantable by the end of the contract period.
6. By the end of the contract period, market conditions may be
changed so that the so-called "substandard material" may be
merchantable.
7. Roads built and amortized while logging the merchantable timber
will affect the future value of the "substandard material."
8. All the timber on the unit is in allotments, many of which
involve several different owners. If the contract were modified to
provide for logging the "substandard material," the problem would have
to be thoroughly explained to each allottee and his consent obtained if
he wished his allotment contract to come under the modification.
9. In examining these areas on the ground, it became apparent to us
that the most difficult problem would be to locate lines between the
merchantable areas and the "substandard areas."
10. It appears that the administration of the contract involving
separate prices for so-called "substandard areas" would be extremely
difficult, if not impossible.
In short, it was the consensus of the group, consisting of Messrs.
Libby, Clark, Woll, and myself, that no further consideration should be
given the possibility of modifying the contract so the purchaser can log
the so-called "substandard areas." We further believe that Mr. Smith
should be informed of the fact that we have given this matter
consideration and have come to the conclusion that an adjustment of the
present contract in the near future to provide for the logging of these
"substandard areas" appears most unlikely
Attached is a copy of a draft prepared by Art Woll showing the
volumes of what is considered to be a representative stand of the
"substandard material." Note that the cordwood material averages only
5.55 cords per acre, of which 70 percent is western red cedar.
(ILLEGIBLE) John P. Drummond
Enclosure
cc: Superintendent Western Washington Agency Hoquiam Subagency
TAHOLAH LOGGING UNIT - QUINAULT RESERVATION Draft - 621126
The following cruise information has been compiled from a 20 percent
sample on 17 acres of a portion of allotment No. 1777, described as SE
1/4 SW 1/4Section 15, Township 22 North, Range 12 West. The type
sampled was C3=c4w4, which is one of the poorer types within the small
merchantable class indicated in the 610000 Taholah Inventory Report.
Saw-timber data is based on 16 foot logs for any tree containing 50
board feet or more, usually any tree 14" D.B.H. or larger. Trees
containing less than 50 board feet were cruised for cordwood (cubic
foot) content down to and including 8" D.B.H. and 4" merchantable top.
Table not keyed, see original
HEL-012-0725-0728
HEL-012-0721-0728
AREA FORESTER
621218
CORRESPONDENCE
OFFICER, J E US DOI
Forestry
621218
Mr. Robert D. Holtz Area Director Portland, Oregon
Dear Mr. Holtz:
Thank you for your letter of 621114, concerning the most recent
attempt, in Quinault Newsletter No. 20, to develop an interest in the
formation of a committee to represent the allottees in various
negotiations. We shall be interested to learn the results of the
follow-up attempt to be made in a subsequent Newsletter.
Personnel of the Western Washington Agency are to be commended for
the sincere attempts they have made in this matter. Even if the next
attempt is not successful we urge that they keep this matter constantly
in mind, so that appropriate action can be taken promptly, if and when a
more favorable climate develops.
Sincerely,
(Sgd.) James E. Officer
Associate Commissioner
cc: File #9014-61 Bureau Surname Forestry chrony Code 300 (Rays)
Mailroom chrony Holdup
GSKephart:cdn:621212
HEL-012-0729-0729
HEL-012-0729-0729
HOLTZ, R D US DOI BIA PORTLAND
621214
CORRESPONDENCE
CROW, J O BIA WASH DC
Forestry 162-57
621214
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
With your letter of 621024, you enclosed a copy of a report by Area
Forester Wilcox covering his recent trip to the Western Washington
jurisdiction. In it he described seven problems that affect the orderly
management of timber resources on the Quinault Reservation. The status
of actions required in this office on each of the problems is summarized
below:
1. Lack of procedures for acquiring firm rights-of-way required for
the orderly development of Indian-owned resources.
We regret that more prompt action has not been taken on this matter.
Upon receipt of your letter of 001024, Branch of Forestry provided the
Branches of Real Property Management and Roads with copies of the
pertinent correspondence. When each of the three Branches and the
Solicitor have reviewed the case, appropriate recommendations will be
made.
2. Lack of decision concerning appeal on the 600701 upward
adjustment of stumpage on the Crane Creek and Taholah Logging Units.
This matter is being considered at the Secretarial level. We are
unable to say when a decision will be made.
3. Limitations on annual cuts under the Crane Creek and Taholah
Units contracts.
Our letter of 611117, suggested that decisive action on the three
items to which Mr. Wilcox refers would clear up some misunderstandings.
They would also provide a better definition of buyer and seller rights
and obligations with respect to the volume of timber to be cut under
these contracts. With these questions resolved, there would be a better
climate in which to discuss a modification of minimum and maximum
cutting requirements. We do not recall that acknowledgment of our
letter has been received.
If you still believe that maximum cutting restrictions should be
removed, without a change in minimum cutting requirements, please submit
your justification.
We do not agree with Mr. Wilcox's statement that continuation of the
present situation "### jeopardizes even further our ability to require
the cutting of all merchantable timber on these two units during the
presently specified period." It is true, as he points out, that the
maximum cut can be exceeded in any year only if the purchaser requests
and is granted permission to exceed the maximum during that year. This
arrangement is awkward, but not so restrictive as to prevent the
purchaser from completing his contract obligations within the stated
period. To our knowledge, the record to date is clear that no request
to exceed the maximum cut has been denied. Only if we should deny a
request to exceed the maximum would we obstruct the purchaser in his
efforts to complete all cutting by the expiration date.
4. Responsibility for administering sale of timber on unrestricted
lands included under the Crane Creek and Taholah Unit contracts.
This question has been before the Solicitor since 570700, and we
understand that several shades of thought have been expressed
informally. Legislation has been introduced in both the 86th and 87th
Congresses to amend the 1910 Act. The bill passed the House in the last
session, but there was no committee hearing on it in the Senate. It is
planned to submit this proposed legislation to the incoming Congress.
In the meantime, we can think of nothing more that we can do.
5. Sales of so-called "nonmerchantable" timber within the Crane
Creek and Taholah Logging Units.
This we recognize as a serious problem in which practical
considerations must be properly balanced against contract obligations.
And the contracts do not include any definition of merchantable areas.
This question should be discussed orally, on the ground, so that the
Branch of Forestry will be in a better position to make recommendations.
We had already planned that this would be discussed further during the
next visits of the Chief and Assistant Chief of the Branch of Forestry
to your area. In the meantime, it is assumed that your office will work
with agency personnel to assemble data to support recommendations that
will have to be made.
6. Large nonstocked areas.
We agree that artificial reforestation is needed on the Quinault
Reservation, as it is on many reservations. Budget requests, including
requests for reforestation, are initiated at the agency and area
offices, and you should proceed accordingly, when submitting a budget
request for forest planting, you should indicate its priority in
relation to other items of your forestry budget. This information will
be helpful to us in preparing the Bureau's consolidated budget.
7. A proposed plan of action for the Taholah and Crane Creek Timber
Sale Units.
As indicated in our letter of 000905, the Libby report will be set up
for consideration along with Quinault Tribal Resolution of 611030, and
any other proposals that may be received. This is an involved question,
as you realize, which will require policy decisions at the Secretarial
level.
Sincerely yours,
(Sgd) John O. Crow Deputy Commissioner
cc: File #4595-57 Bureau Surname Forestry Chrony Code 300 (2cys)
Mailroom Holdup
GSKephart:cdn 621130
Item 6 Rewritten per JOCrow:wm 621211
HEL-012-0730-0734
HEL-012-0730-0734
HOLTZ, R D BIA PORTLAND
621210
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
621212
Forestry Crane Creek Taholah 4595-57
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
621210
AIRMAIL
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Sir:
Enclosed are the following reports which have been prepared by Don W.
Clark, Assistant Forest Manager, Western Washington Agency; concurred
in by John W. Libby, Forest Manager; and approved by W. J. DeCelle,
Acting Superintendent; "A Review of Stumpage to Log Price
Ratios-Taholah Logging Unit" and "A Review of Stumpage to Log Price
Ratios-Crane Creek Logging Unit."
These limited reviews indicate that stumpage ratio adjustments for
the Crane Creek and Taholah contracts are not justified at this time.
We shall continue to watch marketing conditions and if ratio adjustments
appear desirable in the future, we shall assist the Western Washington
Agency in the preparation of more detailed reports.
Sincerely yours, Perry E. Skarra Acting Area Director
Enclosures
A REVIEW OF STUMPAGE TO LOG PRICE RATIOS CRANE CREEK LOGGING UNIT
QUINAULT INDIAN RESERVATION WASHINGTON
This contract provides for automatic adjustment of stumpage rates for
each quarterly period beginning 000101, 000401, 000701 and 001001. The
specified percentages of grades of logs for each species are applied to
the quarterly changes in log prices to obtain the average log prices.
The average log price for each species is then applied to the
established ratio to obtain the stumpage rate. Provisions for changing
the ratios are contained in the following clause of the contract:
"The officer approving this contract or his duly authorized
representative, ### may review the stumpage rates established by the
procedure set forth in sections 6 to 9, inclusive, either on his own
initiative or upon submission by the purchaser of evidence satisfactory
to the Approving Officer that such a review should be made. If, as a
result of said review, the Approving Officer finds that the character of
the operation, changes in market conditions or other factors have
altered the situation to such an extent that, in his opinion, a change
in the existing ratios between stumpage rates and the Grays Harbor-Puget
Sound-Columbia River weighted average log price is warranted, he shall
give thirty days notice to the purchaser and the Indians in General
Council or their duly authorized representatives of his intention to
establish new ratios between stumpage rates and the Grays Harbor-Puget
Sound-Columbia River weighted average log prices, during which time the
purchaser and the Indians may consult with the Approving Officer ###".
The ratios established 600701 resulted in appeals by the purchaser.
Since that time, it has been necessary to compute two stumpage rates
based on two ratios and to set up a separate account for stumpage
withheld pending a decision on the appeal. (The stumpage money being
withheld is the difference between the ratios in effect prior to 600701
and those recommended by the Bureau subsequent to 600701.) Another set
of ratios were recommended in revaluation studies early in 610000.
These ratios were approved and became effective 610401. It is still
necessary to maintain a special deposit account since stumpage of some
species computed using the current stumpage to log price ratios is still
higher than the stumpage determined using ratios in effect prior to
600701.
The quality of timber recovered from the unit from 570401 to 611231
has remained fairly consistent, especially in western redcedar and
western hemlock. From 590101 to 611231, these two species accounted for
about 87 percent of the total volume harvested.
The stumpage to log price ratios presently in effect were based on
conditions as of the fourth quarter 600000. Those ratios in effect
previous to the present ones were based on conditions as of the first
quarter 600000. Exhibit A presents a comparison of average Puget
Sound-Grays Harbor Log Market prices for the first quarter 600000,
fourth quarter 600000 and third quarter 600000. According to the
computations in this exhibit, western redcedar and western hemlock
prices for the third quarter 620000 were only $1.60 and $0.51 per MBM
higher respectively than the prices for the fourth quarter 600000. A
comparison of log values for the Crane Creek Unit is given in Exhibit B.
In computing these log prices, the percentages of various grades in
each species for the three years prior to each computation were
multiplied by the Puget Sound-Grays Harbor log grade prices. The actual
increase in log values for cedar and hemlock for fourth quarter 600000
to third 620000 amounted to $0.65 and $1.19 per MBM respectively.
Present logging costs are believed to be similar to those in effect
during the fourth quarter 600000, with increased operational efficiency
offsetting increased labor costs.
The estimated volume of wind-thrown timber in Washington and Oregon
resulting from the devastating storm of 621012 is approximately 5
billion board feet. All of this timber will have to be salvaged as
rapidly as possible to prevent insect epidemics, eliminate extreme fire
hazard conditions and to minimize the loss of forest products. The
actual volume that will be removed and marketed will be considerably in
excess of the 5 billion feet, since right-of-way timber will be involved
with accelerated road building programs, and additional standing timber
will be logged in "squaring-up" settings and logging blocks so as to
reduce the risk of further wind damage to isolated patches and fringes
of timber. The exact nature of this impact on the already depressed
market will not be known for some time. It appears very logical that
this tremendous volume of timber that must be marketed in a relatively
short time may further reduce log and lumber prices.
The blow-down timber consists mainly of Douglas-fir, western hemlock
and Pacific silver fir. Since hemlock and silver fir deteriorate more
rapidly than Douglas-fir, these species will have to be removed first.
Considering all of the above factors, it is recommended that no
change in the stumpage to log price ratios be made at this time.
Date: 621205
Don W. Clark Assistant Forest Manager
CONCUR: John W. Libby Forest Manager
APPROVED: W. J. DeCelle ACTING Superintendent
EXHIBIT A
Comparison of Average Log Values Puget Sound - Grays Harbor Log
Markets
Table not keyed, see original
EXHIBIT B
Comparison of Log Values
Table not keyed, see original
EXHIBIT B
Table not keyed, see original
EXHIBIT C
Puget Sound - Grays Harbor 1st Qtr. 600000 Log Market Average Prices
Table not keyed, see original
EXHIBIT D
Puget Sound - Grays Harbor 4th Qtr. 600000 Log Market Average Prices
Table not keyed, see original
EXHIBIT E
Puget Sound - Grays Harbor 3rd Qtr. 620000 Log Market Average Prices
Table not keyed, see original
HEL-012-0735-0743
HEL-012-0735-0743
COMM BIA
621207
CORRESPONDENCE
KEPHART, G S BIA BR OF FORESTRY
Forestry 866-58 Pt. M GS
621207
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
We refer to your letter of 621127, concerning the possibility that
the Pacific Northwest Logger's Association may cease to provide the
necessary log-price information for quarterly adjustments for the Crane
Creek and Taholah Logging Unit contracts. Mr. Drummond was informed
that a final decision had not been made but that the information
probably would be made available in the event of a merger of the
Association with another association.
If and when any merger takes place, you should obtain a statement
from the surviving association as to the log-price information. We will
be interested as to whether or not the information will be provided and,
if so, if it will be accumulated in the same manner as in the past.
As soon as this information is available, we will endeavor to
ascertain what action will be necessary in connection with the timber
sale contract.
Sincerely yours,
George S. Kephart Chief, Branch of Forestry
cc: Bureau Surname File 162-57 (West. Wash) File 4595-57 (West.
Wash) Forestry Chrony Mailroom Chrony Holdup
HFWershing:kg 621206
HEL-012-0744-0744
HEL-012-0744-0744
HOLTZ, R D BIA PORTLAND
621114
CORRESPONDENCE
SKARRA, P E BIA PORTLAND
Wilma - I am quite sure there has been some correspondence with Area
office regarding the formation of allottee committee ,apparently not in
this file - may be in Crane Creek or Aloha contract files.
Previous Correspondence please
Wilma - I believe there have also been some exchange of
correspondence CR(17823-57) 9014-62 during the past 8-12 months.
SSK
RECEIVED
621119
Forestry 57-12-2 - 040
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Sir:
Quinault Newsletter No. 20, issued 620730, was mailed to
approximately 1,200 Quinault allottees and heirs. The newsletter
pointed out the need for an advisory group to represent the individual
Indian owners in consultations covering matters affecting their
interests on the Quinault Reservation. A response from the individuals
as to their wishes in forming such an advisory group was requested.
For your information we are enclosing a copy of letter dated 621108,
from Acting Superintendent DeCelle. The letter indicates that only 12
individuals answered the request. Although the apparent indifference by
the individual owners has been disappointing, the Acting Superintendent
indicates that additional efforts will be made to stimulate interest.
Sincerely yours, Perry E Skarra Assistant Area Director
Enclosure
cc: Superintendent, Western Washington Agency Hoquiam Subagency
HEL-012-0745-0747
HEL-012-0745-0750
COMM BIA
621108
CORRESPONDENCE
DECELLE, W J W WASH AGENCY
Forestry 040 Quinault Newsletter
621108
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Indian Agency 1620 Hewitt
Avenue Everett, Washington
Mr. R. D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
Quinault Newsletter No. 20, issued 620730, suggested a committee of
allotment owners and requested responses from interested allottees.
This Newsletter was mailed to approximately 1200 Quinault allottees and
heirs. We received responses from twelve people.
One opposed formation of the committee. She stated, "Whenever I call
on the so called committee for advice, they didn't know any more than I
did." She was apparently referring to the interim committee that
functioned briefly several years ago and tried unsuccessfully to
organize an advisory group of Quinault allottees.
Two allottees favored the committee but said they would be unable to
support it. Another favored it but made no commitment as to supporting
its efforts. The other eight favored such a committee and offered their
support. Some of the remarks that appeared on the answers to the
questionnaire are of interest:
"Every allottee should be represented and should have been
represented before."
"Would like to give my support but am not financially able."
"Not receiving any allotment from the agency for several years. I
think a change may help."
"The Committee didn't lose interest - it was a case of no
co-operation from the BIA and the bad feeling toward us by the Tribal
Council. We still have all the records, letters and minutes of this
committee." (This was from Anna Koontz who served on the above mentioned
Interim Committee.)
"I believe the complete indifference by the allottees, other than
when monetary remuneration is concerned, is appalling and that some
effort should be made to organize this group for their own welfare."
(This from a Bank Manager whose wife is an allottee.)
The next issue of the Quinault Newsletter, which will go into the
mail next week, will carry a report to the allottees on the results of
our questionnaire. In this report we are stating:
"Substantially more interest will be necessary if formation of this
committee can be undertaken with any hope for success."
Unless this report to the allottees and heirs does stimulate the
Quinault allottees and heirs into a more substantial show of interest,
we propose no further action in the matter at this time.
Sincerely yours, W. J. DeCelle ACTING Superintendent
cc: Western Washington Taholah 4595-37-339 Crane Creek 162-57
Yakima Dry-Loggy 2438-58-339 Brush-Teepee 13409-57-339 Satus Creek
2191-58-339
SUBJECT: Adjustment of Stumpage Rates - Yakima Reservation Name of
Commissioner from Forestry 621031 Name to Forestry from Wilcox 621019
Name to Wilcox from Delaney (Yakima) 621008 Name to IM from Commissioner
re: Criteria Crane Creek & Tahola 620601
See 1731-61 GS for above correspondence
HEL-012-0748-0750
HEL-012-0745-0750
HOLTZ, R D BIA PORTLAND ORE
621024
CORRESPONDENCE
SKARRA, P E BIA PORTLAND
RECEIVED
621026
Forestry 61-10-20 - 339.4 56-11-9 - 339.5 (Crane Creek) 55-5-1 -
339.5 (Taholah)
621024
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
AIRMAIL
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Sir:
During a field trip made through the Western Washington jurisdiction
by Assistant Area Director Perry E. Skarra and Area Forester Earl R.
Wilcox, a number of unresolved problems were discussed with
Superintendent George M. Felshaw and members of his Forestry staff.
Most of these problems relate only to the Quinault Indian Reservation.
They are serious enough to threaten the orderly management of the timber
resources on that reservation, which is comprised largely of allotted
lands.
As the result of the discussions with Mr. Felshaw and his Forestry
staff, Mr. Wilcox's report of the field trip has emphasized these
problems. We are enclosing a copy of Mr. Wilcox's report for your
review and for such action as is possible to obtain on items enumerated
in 1, 2, 3, 4, and 7.
Sincerely yours, Perry E. Skarra Assistant Area Director
Enclosure
cc: Supt., Western Washington Agency Hoquiam Subagency (with copy of
enclosure to each)
HEL-012-0751-0751
HEL-012-0751-0759
COMM BIA
621015
CORRESPONDENCE
WILCOX, E R BR OF FORESTRY
cc: Contract, attn. Branch of Forestry
621015
Area Director
Area Forester
Field trip to Western Washington
This report covers a field trip which Assistant Area Director Perry
E. Skarra and I made to the Western Washington Agency at Everett and to
several of the Indian reservations within the Western Washington
jurisdiction. Throughout a major part of this trip, we were accompanied
by Forest Manager John Libby of the Western Washington Agency. The trip
was started on Sunday afternoon, 000923, and ended Thursday evening,
000927.
No attempt will be made to include a day-by-day account of the trip.
Rather, I shall outline several of the major problems which are
currently jeopardizing orderly management of the Indian forest lands in
Western Washington. All except one of these problems relate only to the
management of the forest resources of the Quinault Reservation. Most of
them relate specifically to the administration of the Crane Creek and
Taholah Logging Units on the Quinault Reservation. These two large
units contain over one-third of the property remaining in trust on that
reservation.
The principal problems which need to be resolved are discussed in the
following:
1. Lack of procedures for acquiring firm rights of way required for
the orderly development of Indian-owned resources.
This problem is particularly acute on the Quinault Reservation
because of the large number of relatively small allotments which
comprise some 97 percent of the total area of Indian-owned lands held in
trust or restricted status. During the past year a substantial amount
of time has been spent by the Area Office Forestry Branch and the
Regional Solicitor's Office in analyzing the many ramifications of our
present right of way dilemas. As a result, the basic problems were
outlined in a letter addressed to the Commissioner by the Area Office on
620725. This letter also listed six questions, at least some of which
must be answered before we can establish procedures for acquiring the
firm rights of way that are a prerequisite for the wise development of
Indian forest resources.
On the Quinault Reservation there is presently one important
administrative action being held in abeyance until we have received the
answers to our questions. This action involves the granting of a
revocable permit to the State of Washington for use of an existing
logging road located within the Taholah Logging Unit, presently under
contract to the Aloha Lumber Corporation. The State must obtain the use
of this road in order to gain access to the north bank of the Quinault
River at the site of the proposed new bridge which will cross the river
at the village of Taholah.
By letter of 620914, Acting Superintendent W. J. DeCelle of the
Western Washington Agency points out that the granting of such revocable
permit will require almost as much work in obtaining the consents of the
landowners as it would to obtain such consents for a permanent right of
way in the name of the United States. However, since any effort by the
Bureau of Indian Affairs to obtain such permanent rights of way could
easily meet with resistance on the part of landowners which might
jeopardize our current use of roads throughout the reservation, we have
advised against starting work on such acquisition until we have received
the Commissioner's answers to our questions.
In addition to the above, there remains the unresolved problem
concerning use of the road that crosses the Caesar Yerkes allotment.
Unless procedures are established for acquiring firm rights of way, this
problem could be multiplied manyfold on the Quinault Reservation.
Further, the task of acquiring firm rights of way becomes more
formidable with the passage of time because of the increasingly
complicated heirship problem.
Although the right of way problems are particularly acute on the
Quinault Reservation, they are also serious problems on all other
reservations in the Portland Area.
2. Lack of decision concerning appeal on the 600701, upward
adjustments of stumpage on the Crane Creek and Taholah Logging Units.
During 600700, Rayonier Incorporated and the Aloha Lumber Corporation
appealed to the Secretary of Interior the Bureau's action of adjusting
stumpage prices upward on the Crane Creek and Taholah Logging Units.
The effective date of the adjusted prices was 600701. Although one
additional adjustment of stumpage prices has been made on these units
during 610000, no decision has yet been reached by the Department on the
600000 appeals.
It is difficult for the interested parties, both Indians and
purchasers, to understand why a decision has not been reached concerning
these appeals. The Indian people have a logical complaint, since the
difference in values represented by two differing sets of prices per M
board feet is being held in escrow pending the decision on the appeals.
This represents what might possibly be money in the pockets of several
hundred Indian people. Of course, if the decision upholds the
companies' appeals, the amount held in escrow would be returned to the
two companies.
Pending the decision on the appeals, the problems involved in
administering these two sales are numerous. Special scale report forms
have been devised for maintaining the stumpage values by each of two
sets of stumpage prices. This duplication of log scale reporting is a
time-consuming procedure. Further, once the decision on the appeals has
been made, there may be a major project in revising all reports of
timber cut and timber record accounts to bring them into agreement with
the stumpage prices which are determined to be correct.
The present confused jumble of prices makes it inadvisable to
consider any further stumpage adjustments prior to the decision on the
appeals. Already we have three sets of stumpage values, any one set of
which may be the values accepted for payment. To add an additional set
of values following another adjustment would further confuse what is
already one of the most confused administrative entanglements that we
have yet experienced.
Luckily, the lumber and log markets have remained relatively stable
with not enough change since 610701, to warrant any stumpage adjustment.
It is quite possible, however, that this may not continue. It is
imperative that a decision on the appeals be made before the time that
such adjustments become obligatory.
3. Limitations on annual cuts under the Crane Creek and Taholah Unit
contracts.
The Crane Creek and Taholah Unit contracts are both long term, the
former scheduled for termination on 860401, the latter, on 790401. Both
contracts have limitations on cutting. The maximum volume that may be
removed under the Crane Creek contract without the prior consent of Area
Director may not exceed 50 million board feet per year. The contractual
maximum for the Taholah Logging Unit is 100 million board feet during a
three-year period. Each contract has a minimum annual cut of 25 million
board feet.
Recent inventories of the timber volumes on the two units indicate
that it will be impossible to complete the cutting of the timber on
either unit before the end of the respective contractual period unless
the limitations on the maximum volume that can be cut annually or
periodically is either substantially raised or removed entirely. We
have recommended to the Commissioner that the maximum cutting
limitations on both units be removed. It appears that the two
contracting purchasers are agreeable to such removal of maximum cuts.
The most recent correspondence from the Washington Office on our
proposal was dated 611117. At that time it appeared that consideration
of our proposal to remove the maximum limits on cuts would depend upon
the following:
a. The decision concerning the appeals of stumpage prices discussed
under item 2 above.
b. The decision on an appeal of the Boise Cascade Corporation
concerning the Solicitor's opinion that the contract for the Twin Lakes
Logging Unit on the Colville Reservation could be terminated on the
scheduled date for termination even though the contractor has complied
with the minimum (or maximum) annual cutting requirements.
c. The outcome of the (then) proposed demand upon Rayonier
Incorporated and the Aloha Lumber Corporation for payment of stumpage
values represented by an allowance for interest in stumpage adjustment
studies, and of a demand upon Rayonier because of a $1.00 error in
another stumpage adjustment study.
Although almost a year has passed only the last of the three items
specified above has been accomplished. In the meantime, we are
continuing to administer those contracts under contractual provisions
which would actually prevent either operator from completing the cutting
on the respective contract during the present contractual period unless
he were to repeatedly ask for permission to exceed the maximum limits on
cutting. Each year that this condition continues to exist jeopardizes
even further our ability to require the cutting of all merchantable
timber on these two units during the presently specified period.
4. Responsibility for administering sale of timber on unrestricted
lands included under the Crane Creek and Taholah Unit contracts.
Subsequent to the time that the Crane Creek and Taholah Logging Unit
contracts were entered into, a number of allotment owners asked for and
were granted fee patents for their lands. Prior to asking for the
removal of restrictions, these owners had been encouraged to believe
that once the restrictions were removed the operators on the respective
units would purchase their land and timber, paying them a reasonable
price immediately, rather than waiting to pay for the timber at some
future time when it would be cut in the normal process of developing
these units.
A number of these landowners did, in fact, sell their allotments,
including the timber, to either the Aloha Lumber Corporation or to
Rayonier Incorporated. Following such sales the individual allotment
contracts were terminated and the Bureau's administrative responsibility
ceased. However, after the initial few such purchases both Rayonier and
Aloha discontinued such purchases.
The problems presented by this situation are discussed in (then)
Superintendent C. W. Ringey's two letters of 580929. One of these
letters concerns the timber sale administration on fee patent tracts
which are included under these two contracts. The second discusses the
control of cutting blocks within the two units. Copies of these two
letters were transmitted to the Washington Office with our letter of
581001. We also requested the Washington Office views concerning our
legal responsibility for the administration of allotments within these
units on which fee patents have been issued. Our most recent
information from the Washington Office on this subject is their letter
of 581008, in which they advised that they hoped a decision on this
matter would be forthcoming soon.
5. Sales of so-called "nonmerchantable" timber within the Crane
Creek and Taholah Units.
There are some sizable areas of small, poor-grade timber
(predominantly cedar) lying within the two large Quinault Units, which
may be considered as nonmerchantable under the provisions of the
respective contracts. Other areas with relatively poor-grade timber are
such that they must be considered as merchantable under the present
terms of the respective contracts. The gradation from clearly
nonmerchantable timber to timber which is of marginal merchantability is
often gradual with no distinct borderline between the two types.
During the past several years the Aloha Lumber Corporation, in
particular, has been asking to have its contract modified to provide for
purchasing the so-called "nonmerchantable" timber for relatively low
stumpage prices. The company contends that without such reduction in
stumpage for the poor-grade timber the timber must be considered
nonmerchantable and the company would not be obligated to remove it.
There are some apparent differences in understanding as to what
constitutes nonmerchantable timber. Under the provisions of both the
Crane Creek and Taholah Unit contracts the company is required to remove
all merchantable timber that is approximately 14 inches and larger
d.b.h. A reasonable amount of discretionary judgment may be exercised
in requiring the operators to remove such timber from areas in which the
volume per acre is too low to permit the economic logging of the timber.
Tentatively, it has been judged that anything less than 10 thousand
board feet per acre might permit the classifying of such stands as
nonmerchantable. It appears, however, that there may be considerable
difficulty in obtaining agreement between the purchasers, the timber
sale personnel, and the allotment owners concerning areas on which such
modifications should be placed into effect.
The problems presented by the proposed modification of contracts to
reduce stumpage values on areas which otherwise might be considered
uneconomical to log are complicated. Such modifications should be
considered only after lengthy study of all factors involved, including
our present contractual obligations to the landowners.
6. Large nonstocked areas.
Because of past serious fires that occurred following the logging of
the south part of the Quinault Reservation, there presently are large
areas which are nonstocked and which will require many decades to become
restocked through natural processes. Artificial reforestation of these
lands is necessary if they are to become productive during the
foreseeable future. Such reforestation, both of allotments and of
tribal lands, should be considered a forest management essential and
requests for funds for such work should be included in all budget
submissions.
7. "A Proposed Plan of Action for the Taholah and Crane Creek Timber
Sale Units, Quinault Indian Reservation," by John W. Libby, Forest
Manager.
In an endeavor to find some means to eliminate the administrative
nightmare created by the two large Quinault contracts, Forester John
Libby has prepared a report under the above title. This report, which
was forwarded to the Washington Office with our letter of 620529,
indicates that the only solution which appears to be feasible is
conversion of the ownership of all allotments on each of the two large
units to a single owner. Such single owner could be either the Quinault
Tribe or the Federal Government.
Although Mr. Libby's proposal may appear somewhat drastic, I believe
that any positive action which will provide an equitable solution to the
parties under these two contracts should be seriously considered. Mr.
Libby's report proposes such positive action and should be thoroughly
studied by the Washington Office staff.
During the subject trip the problems outlined under items 1 to 6 were
discussed in detail with Forest Manager John Libby and his Assistant,
Don Clark. Most of these problems were also reviewed briefly with
Superintendent Felshaw during a meeting held at Hoquiam on the afternoon
of 000927. As a result of these discussions, I indicated that I would
emphasize the major problems which await some decision by the Washington
Office in this report of my trip. The above items 1 through 4 are
awaiting decisions either by the Commissioner or by the Office of the
Secretary.
Reservations other than the Quinault which were visited during this
trip were the Tulslip, the Port Gamble, the Makah, and the Hoh.
(SGD) EARLE R. WILCOX
Earle R. Wilcox Area Forester
cc:
Commissioner, attention Branch of Forestry Supt., Western Washington
Agency Hoquiam Subagency
HEL-012-0752-0758
HEL-012-0751-0759
AREA DIR BR OF FORESTRY
621025
CORRESPONDENCE
WILCOX, E R BR OF FORESTRY
621025
The Files
Area Forester
Correction to report of 621015, concerning Field Trip to Western
Washington
The following corrections should be made in the last full paragraph
on page 3 of the subject report:
The maximum volume that may be removed under the Crane Creek contract
without prior consent of the Area Director should be not to exceed 50
million board feet per year, instead of 35 million, as shown in the
report.
The minimum annual cut for the Crane Creek Logging Unit contract is
now 25 million board feet rather than 20 million board feet.
(SGD) EARLE R. WILCOX
Earle R. Wilcox Area Forester
cc: Commissioner, attention Branch of Forestry Supt., Western
Washington Agency Hoquiam Subagency
HEL-012-0759-0759
HEL-012-0751-0759
FILES
621017
CORRESPONDENCE
SUPT W WASH AGENCY
RECEIVED
621026
Forestry-339.5
Cr. Crk. St.Adj.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
621017
Mr. L. J. Forrest, Manager Northwest Timber Division Rayonier
Incorporated P.O. Box 539 Hoquiam, Washington
Dear Mr. Forrest:
We have calculated the average log prices and stumpage prices from
the Pacific Northwest Loggers Association reportings for the third
quarter of 620000, based on ratios in effect prior to 600701, as well as
those in effect on 621001.
The stumpage rates for timber cut on the Crane Creek Unit since
600701 have not yet been definitely determined. A final decision by the
Secretary of the Interior is still pending, concerning appeals made by
your company in protest of stumpage to log price ratios established by
the Commissioner of Indian Affairs as of that date. Until a decision is
reached by the Secretary, it is necessary to maintain two sets of
accounts. Stumpage values figured at current ratios, that are in excess
of values figured at the ratios that were in effect prior to 600701, are
placed in a holding account pending the Secretary's decision.
While ratios established 610401 are lower than those established
600701, they are still higher for some species than the ratios that were
in effect prior to 600701. This is true of Douglas-fir, Pacific silver
fir and western white pine on the Crane Creek Unit. For these species,
it is still required that the difference between rates computed at
current ratios and rates computed at ratios in effect prior to 600701,
be withheld and placed in the holding account.
Table not keyed, see original
The stumpage rates indicated above are effective 621001, for the
quarterly period ending 621231.
Sincerely yours, Superintendent Area Office Central Office
HEL-012-0760-0761
HEL-012-0760-0761
FORREST RAYONIER INC
620924
CORRESPONDENCE
BEASLEY, D O DOI
INDIAN-Forestry 1039-62
620924
Gentleman:
Enclosed is a copy of our letter to the Comptroller General,
informing him that the following claim has been determined to be
administratively uncollectible.
Rayonier, Incorporated, Box 539, Hoquiam, Washington, in the amount
of $120,086.52.
This item is reported to you, pursuant to Section 5540.20 of the
General Accounting Office manual, for inclusion on the hold up list
maintained by your office.
Sincerely yours, (sgd) D. Otis Beasley Secretary of the Interior
Office of the Chief of Finance Department of the Army Washington 25,
D. C.
Enclosure
cc: Secretary's File Copy Secretary's Reading File General
Accounting Office, Claims Division Bureau Surname Forestry Chrony File
162-57 Forestry Mailroom Chrony HOLDUP HFWershing:ash 620828
HEL-012-0762-0762
HEL-012-0762-0764
CHIEF OF FINANCE DEP OF THE ARMY
620924
CORRESPONDENCE
BEASLEY, D O US DOI
INDIAN-Forestry
1039-62
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY
WASHINGTON 25, D. C.
620924
Attention: Claims Division
Dear Mr. Campbell:
Pursuant to the procedures stated at 4 GAO 5050.50 there are
submitted, as being administratively uncollectible, two claims against
Rayonier, Incorporated of Hoquiam, Washington, and New York City, holder
of a timber sale contract on the Quinault Indian Reservation,
Washington, in the amounts of $101,999.60 and $18,086.92 respectively,
for a total of $120,086.52. The larger of the two claims has been the
subject of considerable correspondence with your office (your file
reference B-118601).
As a means of quick reference, some of the more significant documents
which are in your files are listed below:
Letter (B-118601) 570405, addressed to the Secretary of the Interior,
questioning the inclusion of interest on advance payments in the
reappraisals ### since no provision for such interest was included in
the original contracts.
Letter (B-118601) 570813, addressed to the Secretary of the Interior,
stating that the assessment against the Indians of interest on advance
payments not contemplated in the original contract may not subsequently
be included.
Letter of 620326, addressed to Rayonier, Inc., by John A. Carver,
Jr., Assistant Secretary of the Interior, making a demand for the
interest allowance of $101,999.60 for the period 551001 through 570331.
Included was a demand for $18,086.92 to rectify an error revealed by a
General Accounting Office audit in a stumpage revaluation report for the
period 580401 to 590331. A copy of the recalculation of stumpage ratios
is attached to the letter.
Letter of 620518, addressed to the Comptroller General, by John A.
Carver, Jr., Assistant Secretary of the Interior, enclosing copies of
replies received from Rayonier, Inc., dated 000404 and 000418.
Letter (B-118601) 620622, addressed to the Secretary of the Interior
from the Comptroller General suggesting that if the claims were
determined to be administratively uncollectible the matter should be
reported to the Claims Division.
The following documents are enclosed which we believe, together with
the material already in your files, provide all the information
necessary for your consideration and action:
Letter of 620801, addressed to Rayonier, Inc., by D. Otis Beasley,
Assistant Secretary of the Interior, providing 30 days in which to
arrange for payment of the demand previously made.
Letter of 620813, addressed to the Assistant Secretary of the
Interior, rejecting the demand for payment.
A copy of the detailed calculations of the amount due from Rayonier,
Inc., with reference to the interest on advance payments.
The number of this timber sale contract is I-101-Ind-1902. If
additional information is needed you may call George S. Kephart or Henry
F. Marching, Branch of Forestry, Bureau of Indian Affairs, Code 183,
Extension 3823.
A copy of this letter is being furnished the Office of the Chief of
Finance, Department of the Aray, as required by 4 GAO 5540.20.
Sincerely yours,
(Sgd) D. Otis Beasley
Secretary of the Interior
Hon. Joseph Campbell Comptroller General of the United States
Washington 25, D. C.
Enclosures
cc: Secretary's File Copy Secretary's Reading File Area Director,
Portland, Oregon (2) Department of the Army Forestry File 162-57
Bureau Surname Forestry Chrony Mailroom Chrony Holdup
NFWershing:ash 620829
HEL-012-0763-0764
HEL-012-0762-0764
CAMPBELL CLAIM DIV
620808
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.5 Cr. Crk. St. Adj.
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
620808
Mr. L. J. Forrest, Manager Northwest Timber Division Rayonier
Incorporated P. O. Box 539 Hoquiam, Washington
Dear Mr. Forrest:
The stumpage rates set forth in our letter of 620724 are effective
for the quarterly period beginning 000701 and ending 620930.
Sincerely yours,
H. George M. Felshaw
Superintendent
Portland (2) DWClark:kf
Forestry Sub j Mailroom Chrono Hoquiam Sub j Hoquiam Chrono
HEL-012-0765-0767
HEL-012-0765-0767
FORREST LJ RAYONIER INC
620724
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
FIELD SERVICES WESTERN WASHINGTON AGENCY HOQUIAM SUB-AGENCY HOQUIAM,
WASHINGTON
620724
MR. L. J. Forrest Manager Northwest Timber Division Rayonier
Incorporated P.O. Box 539 Hoquan, Washington
Dear Mr. Forrest:
We have calculated the average log prices and stumpage prices from
the Pacific Northwest Loggers Association reportings for the third
quarter of 620000, based on ratios in effect prior to 600701, as well as
those in effect on 620701.
The Stumpage rates from timber cut on the Crane Creek Unit since
600701 have not yet been definitely determined. A final decision by the
Secretary of the Interior is still pending, concerning appeals made by
your company in protest of stumpage to log price ratios established by
the Commissioner of Indian Affairs as of that date. Until a decision is
reached by the Secretary, it is necessary to maintain two sets of
accounts. Stumpage value figured at current ratios, that are in excess
of value figured at the ratios, that were in effect prior to 600701, are
placed in a holding account pending the Secretary's decision.
While ratios established 610401 are lower than those established
600701, they are still higher for some species than the ratios that were
in effect prior to 600701. This is true of Douglas-fir, Pacific silver
fir and western white pine on the Crane Creek Unit. For these species,
it is still required that the difference between rates computed at
current ratios and rates computed at ratios in effect prior to 600701,
be withheld and placed in the holding account.
Table omitted, see original
The stumpage rates indicated above are effective 620701, for the
quarterly period ending 620930.
Sincerely yours, (Sgd.) George M Felshaw Superintendent
Area Office Central Offices
lr Forestry Subkj Mailroom Chrome Hoquiam Subj Hoquaim Chrome
Don D. Collins, Off. in Chg. Clerk-Forestry (Linda)
HEL-012-0766-0767
HEL-012-0765-0767
FORREST, L J RAYONIER INC
620808
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.5 Cr. Crk. St Adj.
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
620808
Mr. L. J. Forrest, Manager Northwest Timber Division Rayonier
Incorporated P. O. Box 539 Hoquiam, Washington
Dear Mr. Forrest:
The stumpage rates set forth in our letter of 620724 are effective
for the quarterly period beginning 000701 and ending 620930.
Sincerely yours,
Illegible
Superintendent
Portland (2) DWC1ark:kf
Forestry Sub j Mailroom Chrono Hoquiam Sub j Hoquiam Chrono
HEL-012-0768-0768
HEL-012-0768-0768
FORREST, L J RAYONIER INC
620822
CORRESPONDENCE
FLORY, E L DOI BIA
Forestry 162-57
620822
Mr. Robert D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
We regret the delay in acknowledging your letter of 620711,
concerning difficulties encountered in attempting to organize a
committee authorized to speak for the allottees of the Quinault
Reservation.
We are sure you agree that such a committee would be helpful in
carrying forward the forestry program for the reservation. We shall
therefore be interested in the results of the invitation to express
their wishes that is to appear in the next issue of the Western
Washington newsletter.
Sincerely yours,
(Sgd) EVAN L. FLORY ACTING ASSISTANT Commissioner
cc: Bureau Surname File #4595-57 Forestry Chrony Mailroom Chrony
Holdup
GSKephart: jb 620820
HEL-012-0769-0769
HEL-012-0769-0769
HOLTZ, R D BIA PORTLAND
620806
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Forestry 339.5 Crane Creek Allowable Cut
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620806
Rayonier, Incorporated Northwest Timber Division Eighth and Levee
Streets Hoquiam, Washington
Gentlemen:
In a letter dated 620724, we called your attention to an ever-cut on
the Crane Creek Unit and made certain proposals to prevent a recurrence
of such over-cuts in future operations.
We are now in receipt of a letter, dated 620731, from Acting Area
Director James E. Sayers. The over-cut is excused as of the date of Mr.
Sayer's letter. At the same time, we are cautioned against further
infractions of the contract. We are confident that if the procedures
suggested in our letter of 000724 are adhered to, there will be no
recurrence of this particular infraction.
A copy of Mr. Sayer's letter of 000731 is enclosed.
Sincerely yours,
(SGD) M. L. SCHWARTZ
ACTING Superintendent
Enclosure cc: PAO
HEL-012-0770-0770
HEL-012-0770-0772
RAYONIER INC
620731
CORRESPONDENCE
SAYER, J E DOI BIA
Forestry 339.5
620731
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
During the past contract logging year, the purchaser of the Crane
Creek Logging Unit cut 58,760,180 board feet. Since the contract as
modified 591014 authorized a maximum cut of 50 million feet and the
purchaser has been granted permission to exceed the maximum cut by 6
million feet, the actual cut resulted in an overcut of 2,760,180 board
feet.
This is an infraction of the contract which we hope will not happen
again. However, since it does not appear that this infraction has been
damaging to the Indians, the overcut is excused as of this date.
Please advise the purchaser of our action in this matter and furnish
him with a copy of this letter.
Sincerely yours, (Sgd) James E. Sayers Acting Area Director
Enclosure
cc:
Hoquiam Subagency Commissioner, Attn. Br. of Forestry
Branch subject Branch chrony Yellow chrony
JPDrummond:du
620731
HEL-012-0771-0772
HEL-012-0770-0772
FELSHAW, G M W WASH AGENCY
620725
CORRESPONDENCE
CROW, J O DOI BIA
Forestry 162-57- Pt. 5
620725
Mr. Robert D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
Your letter of 620710, reports an over-cut of 2,760,180 board feet
during the past contract year on the Crane Creek Logging Unit, Quinault
Reservation.
Section 16 of the Crane Creek Logging Unit contract, as modified
591014, states in part:
"The cut in any contract logging year ending 000331 ### shall not
exceed 50,000,000 feet board measure ### without written consent of the
Area Director."
During the past contract logging year, you granted the purchaser
permission to exceed the maximum cut by 6 million board feet. The
actual cut during the year was 58,760,180 board feet.
The over-cut of 2,760,180 board feet constitutes an infraction of
contract provisions by the purchaser, since the maximum allowable cut
has been exceeded without your written consent. If this infraction is
not repaired, the contract is weakened and the purchaser is in default
of one of the terms thereof.
Using your enumerated reasons, it is evident that the particular
circumstances of the over-cut do not warrant taking any action against
the purchaser. It then remains for you to consent to the over-cut, thus
excusing the contractor's infraction.
Sincerely yours, (Sgd.) John O. Crow Commissioner
cc:
Bureau Surname Forestry Chrony Mailroom Chrony Holdup CDWorthman:mrw
620720
HEL-012-0773-0773
HEL-012-0773-0773
HOLTZ, R D BIA PORTLAND
620724
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
Forestry 339.5 Crane Creek
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620724
Northwest Timber Division Rayonier, Incorporated Eight and Levee
Streets Hoquiam, Washington
Gentlemen:
In the logging year ended 620331, you exceeded your authorized cut
under the Crane Creek Contract by 2,760,180 board feet. We have been
reminded of our responsibility to see that such overcuts do not recur.
Certainly, we have no desire to retard the harvesting of the timber
on the Crane Creek Unit, but we do have to adhere to the terms of the
contract. To guard against a future overcut under this contract, we
suggest that authority for any desired increase in the allowable cut be
requested at the earliest data possible in each contract year. In
making such requests, sufficient latitude should be provided to preclude
any possibility of an excess cut.
A review of the situation should be made when the log scale has been
reported for 000100 and again for 000200 of each year in order that
adjustments may be made if required. Your cooperation in this matter
will be appreciated.
Sincerely yours,
(Sgd) George M. Felshaw Superintendent
Copy to: Portland Area Office
HEL-012-0774-0774
HEL-012-0774-0774
RAYONIER INC
620724
CORRESPONDENCE
FRYER, E R DOI BIA
620724
Forestry 162-57
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
We refer to your letter of 620713, in which you discuss a resolution
adopted by the Quinault Tribal Council on 620115. A copy of the
resolution was forwarded with your letter of 620208, and was concerned
with the status of the protests by Rayonier, Incorporated, and the Aloha
Lumber Corporation regarding the disputed stumpage payments for timber
being cut.
The resolution indicates a belief by the Tribal Council that the
amounts in dispute were being held by the purchasers. As you know, this
is being held in the special deposit account at the agency.
The appeals by both of the companies are presently before the
Secretary for decision. We have no information as to when the appeals
will be decided, but do expect some action in the near future.
We regret that you cannot be provided with more definite information.
Sincerely yours,
(Sgd) E. REESEMAN FRYER ASSISTANT Commissioner
cc:
Bureau Surname Forestry File #4595-57 Forestry Chrony Mailroom Chrony
Holdup HFWershing:wm 620719
HEL-012-0775-0775
HEL-012-0775-0775
HOLTZ, R D DOI BIA PORTLAND
620713
CORRESPONDENCE
SAYERS, J E US DOI
RECEIVED
620716
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620713
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Sir:
We have received a letter from Superintendent George M. Felshaw,
Western Washington Agency, dated 620712, with which he sent a copy of a
letter dated 620703 from Frederick Saux, Secretary, Quinault Tribal
Council. Mr. Saux has referred to the Quinault Tribal Council
resolution adopted by the Council on 620115.
This resolution which was sent to you with our letter of 620208,
concerned the status of the protests of Rayonier Incorporated and the
Aloha Lumber Corporation regarding the disputed stumpage payments for
the Crane Creek and Taholah Unit timber currently being held in special
deposits.
Mr. Saux stated that, at their regular meeting held 000702, the
Tribal Council instructed him to inquire as to any information we may
have on this subject.
Before answering Mr. Felshaw's letter we would like to have the
latest information concerning the Tribal Council's resolution and the
status of these protests.
Sincerely yours,
James E. Sayers Acting Area Director
cc:
Supt., Western Washington Agency Hoquiam Subagency
HEL-012-0776-0776
HEL-012-0776-0776
COMM BIA BR OF FORESTRY
620711
CORRESPONDENCE
SAYERS, J E US DOI BIA PORTLAND
RECEIVED
620713
Forestry 60-11-7 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620711
AIRMAIL
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Sir:
Assistant Secretary John A. Carver, Jr., wrote to Senator Jackson
611023, regarding the large timber sale contracts on the Quinault Indian
Reservation. In his letter he indicated that the lack of a committee
authorized to speak for the allottees was a problem which should be
remedied if possible.
Enclosed is a copy of a letter dated 620706, from Superintendent
Felshaw, and a copy of a memorandum dated 620705, from John W. Libby,
Forest Manager. From the letter and the memorandum you can readily see
the difficulty which has been experienced in attempting to organize a
committee authorized to speak for the Indians and the action which the
Superintendent intends to take relative to this matter.
Sincerely yours,
James E Sayer Acting Area Director
Enclosures (2)
cc: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-0777-0777
HEL-012-0777-0780
COMM BIA
620606
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
Forestry 339.5 Quinault
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620606
Mr. R. D. Holtz
Area Director, Portland Oregon
Dear Mr. Holtz:
The enclosed copy of a memorandum to the Superintendent, from Forest
Manager Libby, dated 620705, is self-explanatory. For your information
I have instructed Mr. Libby to include in the next issue of the
Newsletter, an invitation to interested allottees to express their
wishes concerning the establishment of the proposed committee.
Depending on the response from the allottee and heirs we will consider
plans for meetings with them to discuss possibilities.
Sincerely,
(Sgn.) George M. Felshaw Superintendent
Enclosure
HEL-012-0778-0778
HEL-012-0777-0780
HOLTZ, R D US DOI BIA PORTLAND
620705
CORRESPONDENCE
LIBBY, J W US GOVT
UNITED STATES GOVERNMENT
MEMORANDUM
TO: George M. Felshaw, Superintendent
FROM: John W. Libby, Forest Manager
DATE: 620705
SUBJECT: Committee to represent Quinault allottees. Letter of
611027, addressed to Senator Jackson from Assistant Secretary John A.
Carver, Jr.
Assistant Area Director Perry E. Skarra's letter of 620626, requests
that we keep him informed as to progress we are making or the difficulty
we are experiencing in attempting to help the Quinault Indians form the
suggested Committee.
Quinault Newsletter No. 3, issued 580610, carried a story concerning
the attempted organization of such a committee at that time. Following
are excerpts from that story.
A group of Quinault allottees has been endeavoring to organize an
Advisory Committee or board to represent allottees and heirs with
interests on the Quinault Reservation. This effort is in line with a
suggestion presented in the first of this series of newsletters
published last 001200. An organizational meeting of this group was held
in 000200 of this year at which an Interim Committee was elected. This
Committee has been holding meetings since in an effort to establish a
permanent organization, representative of all Quinault allottees, under
the name of the "Resources Development Association of the Quinault
Indian Reservation".
The first effort at consultation was somewhat disorganized and time
available was too limited to permit thorough study by the Interim
Committee of the circumstances involved. If this organization is to
serve the purpose for which it is intended, it must have the support of
a substantial majority of the allottees concerned. The Western
Washington Agency will continue to cooperate with the Interim Committee
in it's efforts to establish a workable organization but it's success or
failure will depend on the support it receives from you, the allottees.
Support for the Committee was not forthcoming and it died from lack
thereof. None of the allottees has shown any interest in attempting to
revive it.
The answer to Mr. Skarra's letter is - We have made no progress in
the formation of a Committee to represent the Quinault Allottees.
Difficulties encountered are: Lack of interest among the allottees;
Lack of any means for financing such a committee; Non-resident
ownership of a majority of the allotments, with allottees and heirs
scattered throughout the United States and Canada.
I have considered placing a notice in the Quinault Newsletter to
solicit opinions from the Indians as to their wishes in connection with
establishment of such a committee. This can be done if you feel such
action is desirable.
John W. Libby Forest Manager
HEL-012-0779-0780
HEL-012-0777-0780
LIBBY, J W W WASH INDIAN AGENCY
620710
CORRESPONDENCE
HOLTZ, R D US DOI BIA PORTLAND
RECEIVED
620712
Forestry 56-8-1 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620710
AIRMAIL
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Sir:
Enclosed is a copy of a letter dated 620703, from George M. Felshaw,
Superintendent, Western Washington Agency, in which he reports an
overcut of 2,760,180 board feet during the past contract year on the
Crane Creek Logging Unit.
On 620205, Rayonier Incorporated requested an increase in the maximum
allowable cut from 50 million to 56 million board feet. The six million
board feet additional allowable cut was approved by the Area Director on
620212. The actual cut during the year was 58,760,180 board feet.
We recommend that no further action be taken with respect to this
overcut for the following reasons:
1. The contract provides no penalty in the event of an overcut.
2. The Indians received more money for this timber at prices in
effect during the first quarter than they would have, had it been cut
during the second quarter.
3. Even though some penalty were to be made, it would be difficult,
if not impossible, to tell to which Indians the money should go.
4. Had Rayonier Incorporated requested a greater increase in the
maximum allowable cut for the past logging year, we would have hesitated
in approving it.
Although we recommend that no action be taken on this matter, we are
reminding the Western Washington Agency Staff of its responsibility to
see that such overcuts do not occur in the future.
Sincerely yours,
R. D. Holtz Area Director
Enclosure
cc: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-0781-0782
HEL-012-0781-0783
COMM BIA
620703
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry 339.5 Crane Creek
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Field Service Western Washington Agency
Hoquiam Sub-Agency Hoquiam, Washington
620703
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
In checking the volume of timber cut and removed from the Crane Creek
Logging Unit from 610401 through 620331, it was discovered that Rayonier
Incorporated logged 58,760,180 feet, B.M. This figure was obtained by
subtracting the total sawlog volume shown on the Report of Timber Cut
for the period 000301 to 610331 from the total sawlog volume shown for
the period 000301 to 620331.
On 620215 Rayonier was notified that the Area Director had approved
their request of an increase in the maximum allowable cut of six million
board feet. This together with the 50 million board feet maximum cut
specified in the contract provided a total cut for the logging year
ending 620331 of 56 million board feet. Through inadvertence, the
actual cut was 2,760,180 board feet over the maximum allowable cut
approved by the Area Director.
Because of differences in stumpage rates effective the first and
second quarters of 620000, the value of stumpage paid to allottees was
greater than the value they would have received had the 2,760,180 board
feet been cut and removed during the Logging Year beginning 620401.
Mr. Drummond of your forestry staff confirmed this in a telephone
conversation with Mr. Clark at Hoquiam.
Since the additional volume resulted in increased returns to the
Indian allottees, it is recommended that the overcut be approved.
Sincerely yours,
George M Felshaw Superintendent
HEL-012-0783-0783
HEL-012-0781-0783
HOLTZ, R D DOI BIA PORTLAND
620501
CORRESPONDENCE
KEPHART DOI BIA
This section contains correspondence, Re: Miss Gloria Alta Reed
(Mrs. Gloria Reed Long), her allotment and contract. Much of the
information is confidential. Confidential material should be pulled
before release to Non-Bureau Personnel.
Forestry 162-57
620401
Miss Gloria Alta Reed 410 Nashville Avenue Apartment C New Orleans,
Louisiana
Dear Miss Reed:
We have by reference from the Department of Justice your letter of
000320 concerning a contract for sale of timber from your allotment on
the Quinault Indian Reservation. We do not have the complete record of
the sale in this office, and this acknowledgement is, therefore, in
general terms only.
From your letter it appears that the timber contract, with Rayonier,
Inc., was approved by the Superintendent acting in your behalf under
authority of a power of attorney you had granted him.
A general contract was entered into with the Rayonier, Inc., covering
the sale of a large volume of timber on the Crane Creek Unit of the
Quinault Reservation. This contract, which runs to 860000, obligates
the purchaser to enter into separate contracts with the allottees
desiring to sell their timber, on the same terms and conditions as that
of the general contract. Apparently the timber on your allotment is
committed under a contract of this kind.
You indicate that the contract was entered into before you received a
patent in fee to the property. If so, the contract is binding, and
continues to be administered by this Bureau despite the fact that you
now hold a fee patent to the land.
The detailed records of these matters are at the Western Washington
Indian Agency. If you have not done so, and wish additional
information, we suggest that you write to Superintendent Clarence W.
Ringey, Western Washington Indian Agency, 1620 Hewitt Avenue, Everett,
Washington.
We understand your concern in this matter but you will no doubt
understand that issuance of a patent fee cannot destroy the validity of
a previously existing contract.
Sincerely yours,
George S. Kephart ACTING ASSISTANT Commissioner
Forestry
162-57
KKKX
Regarding letter from Miss Gloria A. Reed, New Orleans, La.
concerning sale of timber from her property on the Quinault Indian
Reservation.
cc: Bureau Surname Forestry Chrony Mailroom Chrony Holdup
HEL-012-0784-0786
HEL-012-0784-0786
REED, G A
620417
CORRESPONDENCE
CLARK, R US DEPT OF JUSTICE CARLSON, A W US DEPT OF JUSTICE
RECEIVED
620418
UNITED STATES DEPARTMENT OF JUSTICE WASHINGTON, D.C.
620417
Address Reply to the Division Indicated and Refer to Initials and
Number
AWC
90-2-2-0
Honorable Philleo Nash Commissioner Bureau of Indian Affairs
Department of the Interior Washington, D. C.
Dear Mr. Nash:
A copy of a letter from Miss Gloria Alta Reed, 410 Nashville Avenue,
Apartment C, New Orleans, Louisiana, apparently a Quinault Indian,
inquiring as to the effect of the granting to her of a fee patent on a
30 year contract entered into by her as a minor for timber on land in
the Quinault Indian Reservation, in the State of Washington, is referred
to you, together with a copy of this Department's letter of
acknowledgment.
Sincerely,
RAMSEY CLARK Assistant Attorney General Lands Division
By: A. Willard Carlson Chief, Legislation and General Section
HEL-012-0787-0787
HEL-012-0787-0790
NASH P BIA DC
620320
CORRESPONDENCE
REED, G A
RECEIVED
620418
620320
The Honorable J. F. Kennedy President of the United States Washington
25, D. C.
Dear Mr. President:
I am Gloria Alta Reed, thirty years old, now residing in New Orleans.
I am of Indian decent and have property on the Quinault Indian
Reservation in the State of Washington.
When I was about twenty years old I entered into a contract with
Rayonier, Inc. At this time, the Western Washington Indian Agency acted
as the agent between this logging firm and myself. This is a thirty
year contract, and in between the time I signed the contract and now, I
have applied for and received a Fee in Patent. Now, I am subject to pay
Real Estate Tax on this eighty acres and the Indian Agency is relieved
of any responsibility of this property in its relation to me.
It is my interpretation that I am wholly responsible for this land
and its contents, and I feel that puts everything on an entirely
different basis since the signing of this contract with Rayonier, Inc.
I have considered many possibilities, and think that I, and many
others, should be able to get some satisfaction from someone, somewhere.
Senator Neuberger of Oregon, now deceased, had gone into an
investigation of this matter and made a report on his findings, which
has since gathered dust it seems, as nothing more was ever heard of it.
Imagine how you would feel if you were my age; wanted to further
your education; had this property with timber, and were at the mercy of
this logging company until such time as they feel they can log your
timber within a period of thirty years, of which ten have passed. Were
I not bound by this contract, I have a buyer who could log it right
away, but I see no legal way out. Therefore, I thought that since this
is a Government affair, there should be someone who would act on the
behalf of those that are in the same predicament as I find myself. I
received an amount from Rayonier, Inc. at times stipulated in the
contract and, since that time, as I mentioned above, my land seems to be
on another status, which, I feel, should make it necessary for a change
in the contract or the land subject to lease.
2 The Honorable J. F. Kennedy, 620320
I would be very grateful if you would present this to someone who
would take this matter in hand and give me some advise on just where I
stand.
Sincerely,
Gloria Alta Reed 410 Nashville Ave., Apt. C New Orleans, Louisiana
HEL-012-0788-0789
HEL-012-0787-0790
KENNEDY, J F WHITE HOUSE
620417
CORRESPONDENCE
CLARK, R DOJ-LANDS DIV CARLSON, W A DOJ
HEB
620417
AWC
90-2-2-0
Miss Gloria Alta Reed 410 Nashville Avenue, Apartment C New Orleans,
Louisiana
Dear Miss Reed:
Your letter of 620320, regarding a 30 year contract with a timber
concern for logging the timber on land you own in the Quinault Indian
Reservation, has been referred to the Bureau of Indian Affairs,
Department of the Interior. From what you write, the timber on your
land is to be conserved on a sustained yield basis. The Bureau of
Indian Affairs, if it has the details of your contract should be in
position to advise you further as to the effect on the contract of the
granting of a fee patent to you.
Sincerely,
RAMSEY CLARK Assistant Attorney General Lands Division
By:
A. Willard Carlson Chief, Legislation and General Section
HEL-012-0790-0790
HEL-012-0787-0790
REED, G A
620412
CORRESPONDENCE
DECELLE, W J US DOI BIA W WA
RECEIVED
620417
Forestry-339.5 Cr.Crk. St.Adj.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Field Service Western Washington Agency
Hoquiam Sub-Agency Hoquiam, Washington
620412
Mr. L. J. Forrest, Manager Northwest Timber Division Rayonier
Incorporated P. O. Box 539 Hoquiam, Washington
Dear Mr. Forrest:
We have calculated the average log prices and stumpage prices from
the Pacific Northwest Loggers Association reportings for the first
quarter of 610000, based on ratios in effect prior to 600701, as well as
those in effect on 620401.
The stumpage rates for timber cut on the Crane Creek Unit since
600701 have not yet been definitely determined. A final decision by the
Secretary of the Interior is still pending, concerning appeals made by
your company in protest of stumpage to log price ratios established by
the Commissioner of Indian Affairs as of that date. Until a decision is
reached by the Secretary, it is necessary to maintain two sets of
accounts. Stumpage values figured at current ratios, that are in excess
of values figured at the ratios that were in effect prior to 600701, are
placed in a holding account pending the Secretary's decision.
While ratios established 610401 are lower than those established
600701, they are still higher for some species than the ratios that were
in effect prior to 600701. This is true of Douglas-fir, Pacific silver
fir and western white pine on the Crane Creek Unit. For these species,
it is still required that the difference between rates computed at
current ratios and rates computed at ratios in effect prior to 600701,
be withheld and placed in the holding account.
Table not keyed, see original
The stumpage rates indicated above are effective 620401, for the
quarterly period ending 620630.
Sincerely yours,
(Sgd) W. J. Decelle ACTING Superintendent
Central Office Area Office
HEL-012-0791-0792
HEL-012-0791-0792
FORREST, L J RAYONIER INC
620315
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
620319
U. S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Air Mail For Information
TO Commissioner
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
620315
SUBJECT Attached copies of correspondence between the Western
Washington Agency and Henry M. Jackson, U.S.S.
HEL-012-0793-0793
HEL-012-0793-0797
COMM US DOI BIA
620309
CORRESPONDENCE
RINGEY, G W W WASH AGENCY
Forestry 339.5 #1579 Crane Creek Unit
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620309
Hon. Henry M. Jackson United States Senate Washington 25, D. C.
Dear Senator Jackson:
In Mr. Libby's letter of 620220, he stated that he would call on Mrs.
Mary Petit during his next trip to Grays Harbor and give you a report as
to the results of such visit. On 620307, Mr. Libby called on Paul and
Mary Petit at their home in Bay Center. He was accompanied by his
assistant, Mr. Don Clark.
Mr. Libby reports that they had a very friendly visit with the Petits
and discussed a number of problems concerning the forestry program on
the Quinault Reservation.
We have tried to make Mrs. Petit understand that stumpage prices paid
for timber under contracts on the Quinault are determined on the basis
of prices and costs based on scaling bureau scale and that she has
actually received full payment for the timber logged from her allotment.
Mr. Libby reports that the Petits apparently have accepted the fact
that Mrs. Petit's timber was scaled in accordance with the provisions of
the contract but that they still feel that the "slabs and chunks" should
have been scaled.
During the course of the conversation, Mrs. Petit commented that,
even though there was no way that she could be paid for the waste
material taken from her allotment, she would like to see the scaling
agreements changed so that the slabs and chunks, from allotments on
which timber has not been logged, would be scaled. Mr. Libby assured
her that we would consider her suggestion.
For your information, we are considering the matter. If such a
change should be accepted by the contractors and by the scaling bureau,
it would add slightly to the scaling costs which would be born by the
contractors. This added cost would have to be considered in future
reappraisals and might result in correspondingly lower stumpage prices.
In all probability, the net income to the allottees would be affected
very little, if any.
Such a change in procedure might, however, remove a minor source of
irritation. If a study of the matter reveals that no loss of income to
the Indians will result, we shall endeavor to modify the scaling
agreements to provide for it.
Sincerely yours,
(Sgd) G. W. Ringey, Superintendent
Copy to: Portland Area Office Hoquiam Subagency
HEL-012-0794-0795
HEL-012-0793-0797
JACKSON, H M US SENATE
620220
CORRESPONDENCE
LIBBY, J W W WASH INDIAN AGENCY
620220
Through: Mr. C. W. Ringey, Superintendent
Hon. Henry M. Jackson United States Senate Washington 25, D. C.
Dear Senator Jackson:
I wish to acknowledge your letter of 620216 concerning the complaint
of Mrs. Mary Petit of Bay Center, Washington. As you know, we have had
considerable correspondence with Mrs. Petit in connection with the
unscaled slabs and chunks that developed in the logging of her
allotment. We have discussed the matter with her personally and I
understand she has talked to the manager of the Grays Harbor Scaling
Bureau and to officials of Rayonier, Incorporated.
In accordance with your request, we shall make another attempt to
explain the situation to Mrs. Petit. I have arranged for my assistant
to call on her and I shall plan to see her myself during my next trip to
Grays Harbor. We shall be pleased to give you a report as to the
results of these visits.
Sincerely,
Sgd. John W. Libby Forest Manager
Noted and Forwarded: (Sgd) C. W. Ringey, Superintendent
Copy to: Portland Area Office
HEL-012-0796-0796
HEL-012-0793-0797
RINGEY, C W DOI BIA JACKSON, H M US SENATE
620216
CORRESPONDENCE
JACKSON, H M US SENATE
RECEIVED
620220
RECEIVED
620305
United States Senate COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
620216
Mr. John W. Libby Forest Manager
Bureau of Indian Affairs Western Washington Indian Agency 1620 Hewitt
Avenue Everett, Washington
Dear Mr. Libby:
I am enclosing a self-explanatory letter from Mrs. Mary Petit of Bay
Center, Washington together with copies of correspondence she has
recently received from you and Mr. Ringey.
I would appreciate it if you could arrange to have someone call on
Mrs. Petit and discuss in person with her the problems she has raised in
her correspondence with you.
Sincerely yours, Henry M. Jackson, U.S.S.
HEL-012-0797-0797
HEL-012-0793-0797
LIBBY, J W BIA W WASH AGENCY
620314
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
620316
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Air Mail
For Information
TO Commissioner
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
620314
SUBJECT Attached copy of letter of 620312 re increase in allowable
cut - Crane Creek Logging Unit.
HEL-012-0798-0798
HEL-012-0798-0799
COMM US DOI BIA
620312
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Forestry 339.5 Crane Creek Allowable Cut
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620312
Mr. L. J. Forrest, Vice President Rayonier, Incorporated Northwest
Timber Division 8th and Levee Hoquiam, Washington
Dear Mr. Forrest:
Enclosed is a copy of a letter signed by R. D. Holts, Area Director,
authorizing the removal of 56 million feet, B.M. on the Crane Creek
Logging Unit during the logging year ending 620331.
Sincerely yours, (SGD) M.L. SCHWARTZ ACTING Superintendent
Enclosure Copy to: Portland Area Office Hoquiam Subagency
HEL-012-0799-0799
HEL-012-0798-0799
FORREST, L J RAYONIER INC
620309
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
620313
Forestry 339.5 gsk3/14
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620309
Mr. C. W. Ringey Superintendent, Western Washington Agency
Dear Mr. Ringey:
We are enclosing copy of a letter dated 620307, signed by the Acting
Assistant Commissioner. The letter relates to the procedure to be
followed in authorizing an increase in the allowable cut under the Crane
Creek Logging Unit contract.
In this particular instance, will you please submit to the Purchaser
a copy of our letter dated 620307, authorizing the increased cut.
Copies of your transmittal should be furnished to us.
In the future we suggest that when similar instances arise, you
should advise the Purchaser that the Area Director has authorized you to
inform him of approval of the action involved.
Sincerely yours, (Sgd) PERRY E. SKARRA Acting Area Director
Enclosure
cc: Commissioner, Attn. Branch of Forestry Hoquiam Subagency,
w/enclosure
HEL-012-0800-0800
HEL-012-0800-0801
RINGEY, C W W WASH AGENCY
620307
CORRESPONDENCE
TRIER, R J BIA
Forestry 162-57
620307
AIRMAIL
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
We have received copies of various letters concerned with the
increase in the maximum allowable cut on the Crane Creek Unit, Quinault
Reservation, from 50 to 56 million board feet for the logging year
ending 620331.
A letter of 620216, signed by C. W. Ringey, Superintendent, Western
Washington Agency, informed Rayonier, Inc. that it was authorized to cut
56 million board feet on the Crane Creek Unit during the logging year
ending 620331.
The contract provides that the Area Director may authorize exceeding
the allowable cut during any contract year. Superintendent Ringey's
letter to Rayonier does not indicate that the exceeding of the allowable
maximum cut was actually authorized by the Area Director.
This could be accomplished in one of two ways. The Superintendent's
letter could include a copy of the Area Director's letter authorizing
the overout or the Superintendent could state that the Area Director had
authorized him to notify the purchaser of approval of the action. Will
you please make sure that the purchaser was properly notified.
Sincerely yours, (Sgd) ROBERT J. TRIER ACTING ASSISTANT Commissioner
cc: Bureau Surname Forestry Chrony Mailroom Chrony Holdup
HFWershing: js 620203
HEL-012-0801-0801
HEL-012-0800-0801
HOLTZ, R D BIA PORTLAND
620221
CORRESPONDENCE
MOORE, H L US DOI BIA PORTLAND
RECEIVED
620226
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620221
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
We are enclosing a copy of letter dated 620131, from the Assistant
Commissioner. The letter pertains to mention of a "nonmerchantable
area" within the Crane Creek Logging Unit.
Under the terms of the Crane Creek contract, "nonmerchantable" areas
would be exceedingly limited. This subject has been discussed with
members of your Forestry Staff in the past and we are certain that you
are aware of this condition. However, it will be appreciated if the
matter is given further consideration so that it may be discussed
further at an early date.
Sincerely yours, Sgd H. L. Moore Acting Area Director
Enclosure
cc: Hoquiam Subagency w/enclosure Commissioner, Attention - Branch
of Forestry
HEL-012-0802-0802
HEL-012-0802-0802
RINGEY, C W W WASH AGENCY
620216
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Henry
Contract says maximum can be exceeded with consent of Area Director,
not the Supt. I believe we have copy of Area office letter to Ringey
giving this consent?
But shouldn't Rayonier have been informed that the Area Director has
consented?
GSK
RECEIVED
620227
Forestry 339.5 Crane Creek Allowable Cut
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620216
Mr. L. J. Forrest, Vice President Rayonier, Incorporated Northwest
Timber Division 8th and Levee Hoquiam, Washington
Dear Mr. Forrest:
In response to your request in your letter of 620205, you are
authorized to cut 56 million feet, B.M. on the Crane Creek Logging Unit
during the logging year ending 620331.
Sincerely yours, (Sgd) C. W. Ringey, Superintendent
Copy to: Commissioner, BIA (Forestry) Portland Area Office Hoquiam
Subagency
HEL-012-0803-0805
HEL-012-0803-0805
FORREST, L J RAYONIER INC
620212
CORRESPONDENCE
KEPHART, G S BIA BR OF FORESTRY
162-57
620212
Memorandum
To: Commissioner, Bureau of Indian Affairs
From: Chief, Branch of Forestry
Subject: Resolution from Quinault Tribal Council regarding stumpage
receipts being held in escrow
On 000206, Mr. Thompson of Congresswoman Hansen's Office phoned to
say they have received a copy of a resolution from, I believe, the
Quinault Council. The resolution asks that the portion of stumpage
receipts that is being held in escrow be paid to the allottees without
further delay. Apparently the resolution states that the money is being
held by the purchasers.
I explained to Mr. Thompson that this is probably in connection with
the Crane Creek and Taholah Unit timber contracts. Effective 600701,
the Commissioner increased the stumpage-to-log price ratios of these two
contracts. The purchasers appealed to the Secretary from the
Commissioner's action. I explained that the companies have paid for the
timber at the higher rates, but that the difference in value, figured at
the higher and at the lower rates is being held pending disposition of
the appeal; and that the appeals have been heard, and are awaiting
Secretarial decision.
Mr. Thompson said that the resolution would probably be transmitted
to the Department, with a letter of inquiry.
George S. Kephart George S. Kephart Chief, Branch of Forestry
cc: Bureau Surname File #4595-57 Forestry chrony Mailroom chrony
Holdup GSKephart: js 620212
P.S. Copies of the resolution have just been received with the
enclosed letter from the Portland Area Office. Also just received are
the enclosed copies of Mrs. Hansen's letter to Secretary Udall, and
Assistant Secretary Carver's acknowledgment.
HEL-012-0806-0806
HEL-012-0806-0806
COMM BIA
620212
CORRESPONDENCE
HOLTZ, R D DOI BIA PORTLAND
RECEIVED
620216
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620216
Mr. C. W. Ringey Superintendent, Western Washington Agency
Dear Mr. Ringey:
With your letter dated 620208, you transmitted a request of 620205,
from Rayonier Incorporated for a total of 56 million feet, B.M. to be
cut on the Crane Creek Logging Unit during the logging year ending
620331.
Section 16 of the Crane Creek Contract No. I-101-Ind-1902, as amended
591014, provides that the maximum allowable cut during any logging year
ending 000331, shall be 50 million board feet. Section 16 further
provides, however, that the maximum allowable cut may be exceeded with
the written consent of the Area Director.
You are hereby notified that authority is granted for Rayonier
Incorporated to cut 56 million feet, B.M. during the logging year ending
620331.
Sincerely yours, (Sgd) R. D. HOLTZ Area Director
cc: Commissioner, Attn. Branch of Forestry w/enclosures (2)
Hoquiam Subagency
HEL-012-0807-0807
HEL-012-0807-0809
RINGEY, C W W WASH AGENCY
620208
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Forestry 339.5 Crane Creek
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620208
Mr. R. D. Holtz
Area Director, Portland, Oregan
Dear Mr. Holtz:
Enclosed is Rayonier's letter of 620205, signed by L. J. Forrest,
Vice President, Northwest Timber Division. Mr. Forrest requests an
increase in Rayonier's maximum allowable cut on the Crane Creek Unit,
for the contract year ending 620331, of six million board feet. This
will provide for a total cut for the year of fifty-six million board
feet.
It is recommended that the requested increase be authorized.
Sincerely yours, S/C. W. Ringey Superintendent
Enclosure Copy to Hoquiam Subagency
HEL-012-0808-0808
HEL-012-0807-0809
HOLTZ, R D DOI BIA PORTLAND
620205
CORRESPONDENCE
FORREST, L J RAYONIER INC
RAYONIER INCORPORATED
Eighth and Levee Hoquiam, Washington Mail Address Box 639
620205
Mr. C. W. Ringey Superintendent Western Washington Indian Agency 1620
Hewitt Avenue Everett, Washington
Dear Mr. Ringey:
Re: Crane Creek Cutting Contract No. I-101-Ind-1902
Under terms of the above Contract and the Modification thereto
approved 591014, Rayonier may remove 50 million board feet of timber
from the Crane Creek Unit each year. The annual cut is predicated on
the Indian Service fiscal year ending 000331 each year.
Our production for the last three quarters of 610000 has been
approximately 41,500 M.b.f. In reviewing our prospective operating
schedule for the first quarter of 620000, we find our anticipated total
production for the fiscal year ending 620331 to be approximately 56
million board feet. Accordingly, we request your early consideration
and approval of an increase in the allowable annual cut of 6 million
board feet.
Yours very truly,
RAYONIER INCORPORATED Vice President Northwest Timber Division
LJForest/lb
HEL-012-0809-0809
HEL-012-0807-0809
RINGEY, C W W WASH INDIAN AGENCY
620212
CORRESPONDENCE
CARVER, J A US DOI
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY
WASHINGTON 25, D.C.
620212
Dear Mrs. Hansen:
This is in reply to your letter of 000206 concerning allotment monies
from Quanault Reservation stumpage held in escrow by the Bureau of
Indian Affairs pending decision on appeals by Rayonier, Inc. and the
Aloha Lumber Company in connection with stumpage price increases.
I shall advise you promptly as to our final decision which should be
reached in the very near future.
Sincerely, (Sgd.) John A. Carver, Jr. Secretary of the Interior
Hon. Julia Butler Assistant House of Representatives Washington 25,
D.C.
JF/Shanklin:jed 620209
cc: IM (2) EIA SOI DCCO Mr. Shanklin, PLM PRE No. 4372
HEL-012-0810-0810
HEL-012-0810-0811
HANSEN, J B HOUSE OF REP
620206
CORRESPONDENCE
HANSEN, J B US HOUSE OF REP
RECEIVED
620209
CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES WASHINGTON
D.C.
620206
Honorable Stewart L. Udall
Secretary of the Interior
Dear Mr. Secretary:
My attention has been called to a situation wherein individual
allotment monies for Quinault Reservation stumpage in the State of
Washington are being held in escrow by the Bureau of Indian Affairs
pending a ruling on a price protest filed by the contractors involved.
I have been advised that this protest has cleared the Bureau and is
now before the Assistant Secretary.
My purpose in writing is to request that a decision be reached as
early as possible, and that this decision be based on full consideration
of the rights and welfare of Quinault allotees.
Your courtesy and assistance will be appreciated.
Sincerely, Julia Butler Hansen Member of Congress
HEL-012-0811-0811
HEL-012-0811-0811
UDALL, S L DOI
620212
CORRESPONDENCE
KEPHART, G S DOI BIA
Form 5-387
570800
000215 RECD
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
CENTRAL OFFICE ROUTE SHEET
Subject: Resolution from Quinault Tribal Council regarding stumpage
receipts being held in escrow
Identify Attachments: Memorandum to the Commissioner, Bureau of
Indian Affairs
FORM NOT TO BE KEYED
HEL-012-0812-0812
HEL-012-0812-0814
COMM BIA
620212
CORRESPONDENCE
KEPHART, G S US DOI BIA
162-57
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON 25, D. C.
620212
Memorandum
To: Commissioner, Bureau of Indian Affairs
From: Chief, Branch of Forestry
Subject: Resolution from Quinault Tribal Council regarding stumpage
receipts being held in escrow
On 000206, Mr. Thompson of Congresswoman Hansen's Office phoned to
say they have received a copy of a resolution from, I believe, the
Quinault Council. The resolution asks that the portion of stumpage
receipts that is being held in escrow be paid to the allottees without
further delay. Apparently the resolution states that the money is being
held by the purchasers.
I explained to Mr. Thompson that this is probably in connection with
the Crane Creek and Taholah Unit timber contracts. Effective 600701,
the Commissioner increased the stumpage-to-log price ratios of these two
contracts. The purchasers appealed to the Secretary from the
Commissioner's action. I explained that the companies have paid for the
timber at the higher rates, but that the difference in value, figured at
the higher and at the lower rates is being held pending disposition of
the appeal; and that the appeals have been heard, and are awaiting
Secretarial decision.
Mr. Thompson said that the resolution would probably be transmitted
to the Department, with a letter of inquiry.
George S. Kephart Chief, Branch of Forestry
P.S. Copies of the resolution have just been received with the
enclosed letter from the Portland Area Office. Also just received are
the enclosed copies of Mrs. Hansen's letter to Secretary Udall, and
Assistant Secretary Carver's acknowledgement.
HEL-012-0813-0814
HEL-012-0812-0814
COMM BIA
620208
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
620212
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620208
AIRMAIL
Commissioner, Bureau of Indian Affiars
Washington 25, D.C.
Attention: Branch of Forestry
Sir:
Enclosed for your information are copies of the following:
1. Quinault Tribal Council Business Committee resolution adopted on
620115.
2. Copy of letter dated 620205, from C. W. Ringey, Superintendent,
to Frederick Saux, Secretary, Quinault Tribal Council.
3. Copy of letter dated 620205, from C. W. Ringey, transmitting a
copy of the above resolution to the Area Office.
This resolution pertains to the stumpage rates which have been
appealed by the purchasers of the Taholah and Crane Creek Logging Units
on the Quinault Reservation.
Sincerely yours,
Perry E. Skarra Assistant Area Director
Enclosures (3)
HEL-012-0815-0815
HEL-012-0815-0820
COMM BIA BR OF FORESTRY
620202
CORRESPONDENCE
SAUX, F QUINAULT TRIBAL COUN
RECEIVED
620202
P.O. Box 1185 Taholah, Washington
620131
Mr. C. W. Ringey, Supt. Western Washington Agency 1620 Hewitt Avenue
Everett, Washington
Dear Mr. Ringey:
Enclosed are 3 copies of a resolution regarding allotment monies held
in escrow by Rayonier, Inc., and Aloha Lumber Corporation for reasons
that they are not satisfied with the stumpage rates set forth by the
Bureau.
The people who believe they have funds coming to them from these 2
companies are very much concerned about it and they would very much like
to have that money made available to them.
Very truly yours,
QUINAULT TRIBAL COUNCIL
By:
Illegible Secretary
Enc. 3
R E S O L U T I O N
620202
AT A REPULAN MEETING of the Business Committee of the Quinault Tribal
Council, held at the village of Taholah, Quinault Reservation,
Washington, on the 620115, the following resolution was duly adopted:
WHEREAS, Rayonier, Inc., is bound by a contract to log the Crane
Creek Logging Unit of the Quinault Reservation, said contract expires
860401; and
WHEREAS, Aloha Lumber Corp. is bound by a contract to log the Taholah
Logging Unit of the Quinault Reservation, said contract expires 790401;
and
WHEREAS, stumpage prices to be in effect 611001 to 611231, have been
computed on the basis of established ratios of stumpage to log prices.
The rates are listed below with rates that were in effect during the
past three months. It will be noted that there is little change in the
stumpage rates for cedar and hemlock, which are the principal specied on
the Quinault:
Table not keyed, see original
WHEREAS, Rayonier, Inc., and Aloha Lumber Corp. protested to the
Department of the Interior the above listed stumpage rates quoted; and
WHEREAS, Rayonier, Inc., and Aloha Lumber Corp. has retained an
undetermined amount of Quinault Reservation Indian timber allotment
money totaling several thousands of dollars with interest;
Now, therefore, be it resolved, by the Business Committee of the
Quinault Tribal Council, That Rayonier, Inc., and Aloha Lumber Corp.
shall not determine the stumpage rates of the Crane Creek and the
Taholah Logging Unit; and
Be it further resolved, That Quinault Indian timber allotment monies
held in escrow by aforesaid Rayonier, Inc., and Aloha Lumber Corp., be
released to the Western Washington Indian Agency for distribution to the
individual Indian allottees and heirs.
A quorum being present, the foregoing resolution was duly adopted by
a vote of 4 for and none against.
Dated this 620115.
Horton Capoeman President Quinault Tribal Council
Fredrick Saux Secretary Quinault Tribal Council
Business Committee members of Quinault Reservation Tribal Council,
State of Washington
HEL-012-0816-0818
HEL-012-0815-0820
RINGEY, C W W WASH AGENCY
620205
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Forestry 339.5 Crane Creek Taholah
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620205
Mr. Frederick Saux, Secretary Quinault Tribal Council Taholah,
Washington
Dear Mr. Saux:
We wish to acknowledge receipt of three copies of a resolution
adopted by the Business Committee of the Quinault Tribal Council on
620115. The resolution was concerned with disputed stumpage payments
currently held in special deposits pending a decision as to protests
made by Rayonier, Incorporated and the Aloha Lumber Corporation in
connection with stumpage price adjustments.
No action can be taken in this matter until we receive instructions
from Washington. We are forwarding copies of your resolution to the
Area Director in Portland.
Sincerely yours,
(Sgd) C. W. Ringey, Superintendent
Copy to: Portland Area Office Hoquiam Subagency
HEL-012-0819-0819
HEL-012-0815-0820
SAUX, F QUINAULT TRIBAL CNSL
620205
CORRESPONDENCE
SUPT W WASH INDIAN AGENCY
Forestry 339.5 Crane Creek Taholah
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620205
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
Enclosed, in triplicate, for your information, and such action as you
deem advisable, is a copy of a resolution, adopted by the Business
Committee of the Quinault Tribal Council, on 620115 A copy of the Tribal
Secretary's letter is also enclosed in triplicate, together with a copy
of our reply.
Sincerely yours,
Superintendent
Enclosures
HEL-012-0820-0820
HEL-012-0815-0820
HOLTZ, R D BIA PORTLAND
620131
CORRESPONDENCE
FRYER, E R
Forestry 162-57
620131
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
We have received our copy of your letter of 620104, to Superintendent
Ringey, approving the Crane Creek Unit logging plan for the year 620000.
Enclosed therewith was a copy of Assistant Forest Manager Clerk's
memorandum of 611227, to Forest Manager Libby. In it Mr. Clark mentions
a "nonmerchantable area" on the western boundary of one of the cutting
blocks.
We assume you have given this matter some thought, because it may
raise difficult questions as to what may be designated as
nonmerchantable area under the terms of the Crane Creek and Taholah Unit
contracts. We suggest that you discuss this matter with agency
personnel, orally, and with personnel of this office when they are in
the field with you.
Sincerely yours,
(SGD) E. REESEMAN FRYER ASSISTANT Commissioner
cc: Bureau Surname Forestry Chrony Mailroom Chrony Holdup
GSKephart:mrw 620126 e
HEL-012-0821-0821
HEL-012-0821-0821
HOLTZ, R D DOI BIA PORTLAND
620115
CORRESPONDENCE
COMM US DOI BIA
Forestry 162-57
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON 25, D. C.
Memorandum
To: Solicitor
From: Commissioner, Bureau of Indian Affairs
Subject: Interpretation of Crane Creek and Taholah Logging Unit
contracts, Quinault Indian Reservation, Washington
Enclosed are copies of the subject contracts, together with an
exchange of correspondence between this office and the Portland Area
Office concerning a matter on which we request your opinion.
Section 2 of each contract is an agreement between the contracting
parties to sell and to buy "# # # all the merchantable dead timber,
standing or fallen, and all the merchantable live timber, marked or
otherwise designated by the officer in charge for selective logging, # #
#." The land is being clearcut under these contracts, so it is not
necessary to mark each individual tree that is to be cut.
Section 5 of each contract states that "the estimated volume of
timber to be cut, which estimated is not guaranteed, is: # # # (a
stated board foot volume for each species)." It now appears probable
that the volume actually available for cutting on each unit may be two
or three times the estimated volumes as given in Section 5.
In Section 6 the purchaser agrees that, prior to a given date,
(790401, for the Taholah contract and 860401 for the Crane Creek
contract) he will cut and pay for all timber covered by the contract.
Section 15 of each contract provides that the purchaser will, uless
relieved by the Commissioner of Indian Affairs, cut and pay for a stated
minimum volume of timber annually "# # # provided that all timber on
this unit must be cut and paid for prior to the contract expiration
date; # # #."
Section 16 of the Crane Creek contract provides that not more than 35
million board feet shall be cut in any year without the written consent
of the Area Director. Section 16 of the Taholah Unit contract provides
similarly that the maximum cut in any designated three year period shall
not exceed 100 million board feet without the Commissioner's consent.
Even if the contractors should cut the maximum volumes each year they
would not remove all of the timber now believed to be available for
cutting.
Section 43 of the General Timber Sale Regulations, attached to the
contracts, provides that an extension of time for the performance of any
contract may be granted the purchaser by the officer approving the
contract, in his discretion and subject to such conditions as he may
impose.
In the circumstances outlined above, and considering particularly the
large overrun in volume of timber available for cutting, your opinion is
requested with respect to the following questions:
a. (1) Is each purchaser obligated to cut all designated timber
within his contracted area, despite the expected large overrun above the
originally estimated volumes? Conversely, is the seller obligated to
sell all such timber, or,
(2) May either the purchaser or the seller contend successfully that
the contract obligation is fulfilled at the termination date of the
contract, provided there has been compliance with the minimum annual
cutting requirement? Would the answer to this question be different if
the purchaser cut at the maximum allowable rates stipulated in Section
16 of the contracts?
b. If the answer to question a(1) above is in the affirmative what
are the obligations with respect to the time to be provided for cutting?
Must the purchaser cut all the timber prior to the expiration date
stated in the contract, or is the approving officer obligated to grant a
reasonable extension of time in which to complete the cutting?
The need of your opinion in this matter is revealed by the enclosed
letter of 611117, from the Assistant Commissioner to Area Director
Holtz, and in the Acting Area Director's reply of 611227, with its
enclosure.
In the paragraph beginning at the bottom of page 2 of the Assistant
Commissioner's letter of 001117, reference is made to an appeal by the
purchaser from the Solicitor's interpretation of the Twin Lakes Logging
Unit contract, Colville Indian Reservation. This appeal was submitted
to your office 591012, and is still pending. The fundamental question
in the Twin Lakes appeal is very similar to that involved in the present
case. A most significant difference is that the Twin Lakes contract
covers a large volume of tribally-owned timber, together with some
intermingled allotment timber. The Crane Creek and Taholah Unit
contracts cover timber on trust allotments almost exclusively. There is
a separate contract for each allotment, which is made subject to the
conditions of the General Contract.
The enclosed correspondence reveals that it would be administratively
helpful if we could insist, as a contract obligation, that all timber to
be designated, regardless of volume, must be cut and paid for by the
purchaser within the present time stipulated in the contract. We
recognize, however, that this might become a very burdensome obligation
from the purchaser's point of view.
It is important that we have your advice as to our contract rights
before we begin conversations with the purchasers and the Indians, to
effect a workable solution.
We shall be glad to discuss this with you at your convenience to the
end that an opinion can be rendered as promptly as possible.
Commissioner
Enclosure
HEL-012-0822-0824
HEL-012-0822-0824
SOLICITOR DOI BIA
620115
CORRESPONDENCE
HYDEN, H E US DOI
620115
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SOLICITOR
WASHINGTON 25, D. C.
Memorandum
To: Assistant Secretary, Public Land Management
From: Associate Solicitor, Indian Affairs
Subject: Adjustment of stumpage rates under certain Indian timber
contracts
There has been considerable difficulty in interpreting Par. 10 of
Indian timber contract No. 1-101-IND-1766, and we understand an effort
is being made to prepare a memorandum of agreement among interested
parties in the Department concerning this interpretation.
This difficulty is of long standing and is the subject of our opinion
M-36461, 64 I.D. 305.
It has came to our attention that the words "sufficient magnitude"
and "significant changes" used in our opinion have caused some confusion
as to what is necessary to authorize the Secretary to make the
adjustments contemplated by Par. 10 of the referred to contract. To
clarify this matter we point out that the quoted words are not used in
the contracts to mean that catastrophic or tremendous changes are
necessary and, indeed, some of the contracts contain no such language at
all. What is intended by the opinion and what we believe is clearly
indicated by the contract is that significant changes of sufficient
magnitude to cause the Secretary to exercise his judgment is all that is
necessary. This is clearly discretionary with the Secretary and he is
only limited to this extent that he may not arbitrarily or capriciously.
Due to the recent controversies and the discussions concerning this
matter we have again reviewed the contracts and our cited opinion, and
we are still of the opinion that the conclusions stated in our opinion
are sound and indicate the proper interpretation of the contracts.
/s/ H. E. Hyden Associate Solicitor Indian Affairs
HEL-012-0825-0826
HEL-012-0825-0826
ASST SCTY PUBLIC LAND MGT
620111
CORRESPONDENCE
RINGEY, C W W WASH AGENCY
RECEIVED
620115
Forestry-339.5 Cr. CRk. St. Adj.
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
620111
Mr. L. J. Forrest, Manager Northwest Timber Division Rayonier
Incorporated P.O. Box 539 Hoquiam, Washington
Dear Mr. Forrest:
We have calculated the average log prices and stumpage prices from
the Pacific Northwest Loggers Association reportings for the fourth
quarter of 610000, based on ratios in effect prior to 600701, as well as
those in effect on 620101.
The stumpage rates for timber cut on the Crane Creek Unit since
600701 have not yet been definitely determined. A final decision by the
Secretary of the Interior is still pending, concerning appeals made by
your company in protest of stumpage to log price ratios established by
the Commissioner of Indian Affairs as of that date. Until a decision is
reached by the Secretary, it is necessary to maintain two sets of
accounts. Stumpage values figured at current ratios, that are in excess
of values figured at the ratios that were in effect prior to 600701, are
placed in a holding account pending the Secretary's decision.
While ratios established 610401 are lower than those established
600701, they are still higher for some species than the ratios that were
in effect prior to 600701. This is true of Douglas-fir, Pacific silver
fir and western white pine on the Crane Creek Unit. For these species,
it is still required that the difference between rates computed at
current ratios and rates computed at ratios in effect prior to 600701,
be withheld and placed in the holding account.
Table not keyed, see original
The stumpage rates indicated above are effective 620101, for the
quarterly period ending 620331.
Sincerely yours,
(Sgd) C. W. Ringey, Superintendent
Area Office Central Office
HEL-012-0827-0828
HEL-012-0827-0828
FORREST, L J RAYONIER INC
620104
CORRESPONDENCE
MOORE, H L US DOI BIA PORTLAND
RECEIVED
620108
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620104
Mr. C. W. Ringey Superintendent, Western Washington Agency
Dear Mr. Ringey:
We have examined the logging plan of Rayonier Incorporated for the
logging year 620000, covering the Crane Creek Logging Unit. The plan
was submitted with your letter dated 611229.
In accordance with your recommendation, you may inform Rayonier
Incorporated that the logging plan is approved as submitted.
It is evident that the estimated 143 million board feet of timber
located within approved cutting blocks will not be cut during 620000.
It is disturbing that over 83 million board feet of this timber is
western red cedar.
We recognize the difficulty being encountered in marketing cedar
under continuing poor market conditions. However, a considerable
percentage of the timber within the Crane Creek Unit is cedar and the
purchaser will be expected to locate or develop markets for cedar logs.
We are pleased to note the continuing cooperation between the
purchaser and Agency Staff in determining block layouts and logging
methods employed. We are hopeful that an equitable solution to the
utilization of cedar can be achieved in this same spirit.
Sincerely yours, Sgd. H. L. Moore Acting Area Director
cc: Commissioner, Attn. Br. of Forestry w/enclosures Hoquiam
Subagency
Note to Commissioner: The field work pertaining to reproduction
surveys within the cutover portion of the Crane Creek Unit has been
completed. The data is being assembled and a report will be prepared in
the near future.
HEL-012-0829-0829
HEL-012-0829-0837
RINGEY, C W W WASH AGENCY
611229
CORRESPONDENCE
DECELLE, W J W WASH INDIAN AGENCY
Forestry 339.5 Crane Creek
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
611229
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
Enclosed, in duplicate, is a map of Rayonier's proposed logging plans
for 620000, together with two copies of Mr. Clark's memorandum to Mr.
Libby, dated 611227, in which he presents an analysis of the proposed
plans. Mr. Clark recommends approval.
Mr. Libby has reviewed these plans with Mr. Clark and with Rayonier
and concurs in Mr. Clark's recommendation. It is also my recommendation
that the plans, as submitted, be approved.
Sincerely yours,
(Sgd) W.J. DeCelle ACTING Superintendent
Enclosures
cc: Hoquiam Subagency
HEL-012-0830-0830
HEL-012-0829-0837
HOLTZ, R D BIA PORTLAND
611227
CORRESPONDENCE
CLARK, D W BIA
611227
John W. Libby, Forest Manager
Don. W. Clark, Asst. Forest Manager
620000 Logging Plans - Crane Creek Logging Unit
Rayonier's 620000 logging plans, showing the blocks proposed for
logging, have been inspected in the field and discussed with their
personnel. The estimated net volumes of the cutting blocks were
calculated using the Crane Creek Inventory data, planimetric timber type
map of the unit and "cut-out"# data. The blocks were examined on the
aerial photographs and inspected in the field by our Inventory foresters
under the supervision of Arthur M. Woll. Attached are tables showing
the estimated net volumes and log grade percentages by species. Table I
shows the acreages and net volumes by species of the new logging blocks.
Table II gives the net volumes and log grade percentages by species for
all timber that has been previously approved for logging, plus that
additional timber in new blocks requiring approval this year. Of the
logging blocks approved for logging during 610000, part of 8-A, all of
8-B, part of 13, 22, 37, 38 and 47, the addition to 32, and all of
blocks 36, 43, 44, 48, 53, 61, 63 and 72 have not been cut. (Logging
operations are currently taking place in blocks 22, 37, 38, 47 and 48.)
The difficulty of marketing cedar under continuing depressed conditions
accounted for much of this lag. (Blocks 22, 37 and 48 contain
considerable volumes of cedar timber.)
Continued consulations with Rayonier Incorporated during the past
year have resulted in new block lay-outs in the undeveloped west portion
of the logging unit. Blocks 50, 51, 52, 56 and 62 are new, while block
48 was approved for 600000 and blocks 47, 53, 61 and 72 were approved
for 610000. Logging roads have been constructed into blocks 51 and 53.
We are continuing to obtain Rayonier's full cooperation in the
employment of logging methods most suitable to the topography, site and
soil conditions. Only through prior approval are methods other than
high-lead permitted on the unit.
Submitted with plans for 620000 is only one addition to a previously
logged-over area. This is block 5-A. Block 5 was logged during 550000.
Presently, the company has salvage operations in progress in this
block. We do not believe this addition will, in any way, present any
significant problems relative to the establishment of natural
reproduction or result in excessively large areas of logging slash.
The largest area according to acreages of the new blocks being
submitted for approval for 620000 is block No. 52. It is approximately
173 acres. This rather large block was layed-out this way because of
the operational problems that will be encountered in logging the area.
Meadow Creek, a tributary of Raft River, heads in this general area, and
traverses Section 36 from southeast to northwest.
#Net volume and grade recovery by species as scaled and graded by the
Grays Harbor Log Scaling and Grading Bureau.
The westerly boundary of the block is up against a non-merchantable
area. The allotment to the north, Clara Jordon, No. 1222, is not
subject to the contract. The ravine formed by Meadow Creek makes it
necessary to develop roads on both sides in order to log the area
efficiently and to minimize the probability of windthrow damage around
the fringe areas of the cutting boundaries. Thus, we feel the size of
the block is justified in this instance.
Block 73 appears somewhat large, but this block includes
approximately 45 acres of land and timber owned by the purchaser, and is
not subject to the contract. Only that portion outlined in green is
scheduled for logging during 620000.
Enclosed are three copies of the map plan, together with our
inventory data of the estimated volumes and log grade percentages - one
for your office and two for the Area Office. It is recommended that the
proposed logging blocks for 620000, as submitted, be approved.
Sgd. Don W. Clark
Asst. Forest Manager
TABLE I 620000 LOGGING BLOCKS - CRANE CREEK VOLUME BY SPECIES - MBM,
NET
Table not keyed, see original
TABLE II 620000 LOGGING BLOCKS - CRANE CREEK VOLUME BY GRADES % - MBM
Table not keyed, see original
CRANE CREEK VICINITY
SCALE: 1"=2640"
Map not keyed, see original
HEL-012-0831-0837
HEL-012-0829-0837
LIBBY, J W W WA INDIAN AGENCY
560606
CORRESPONDENCE
MELIS, P E US DOI BIA
Forestry 1969-53
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON 25, D. C.
560606
Memorandum
To: Director, Technical Review Staff
From: Chief, Branch of Forestry
Subject: Provisions for adjustment of stumpage-to-lumber (or log)
ratios in Indian Bureau timber sale contracts
Attention: Mr. Shanklin
The material attached hereto presents a chronological record of
changes that have been made in language authorizing the adjustment of
stumpage-to-lumber (or log) ratios, and in language authorizing
abandonment of quarter-annual adjustments by the ratio method.
In those instances where an adjustment of the ratios has been made
the fact is noted, and a brief explanation of the justification used is
included.
/s/ Percy E. Melis
Percy E. Melis Chief, Branch of Forestry
Attachment
Copy to: File No. 22196-50 Forestry chron Mailroom chron Holdup
DO NOT FILE return to FORESTRY
490323 - Schoolic Logging Unit, Warn Springs Reservation
By a contract modification, approved 490323, this became the first
contract for the sale of Indian timber to provide for quarter-annual
adjustments of stumpage rates, and therefore contained the first Indian
Bureau provision for adjusting the stumpage-to-lumber ratios. This
provision of the modified Schoolie Unit contract provides:
"The Secretary of the Interior, or his duly authorized
representative, is hereby authorized, in his discretion, or upon written
request presented by the Purchaser, to review the stumpage rates
established by the procedures set forth above. If, as a result of such
a review, the Secretary or his representative finds that the character
of the operation, changes in marketing conditions, or technological
developments, have altered the situation to such an extent that a change
in the existing ratios between stumpage rates and Lumber Index Prices is
in his opinion warranted, he shall after 30 days notice to the
Purchaser, and to the Indians in General Council or their authorized
representatives, and after consultation with them, establish new
percentage ratios between stumpage rates and the Average Index Prices of
lumber; Provided that the requirements of notice in this section shall
be satisfied when the new ratios established under its authority are
made effective upon the first day of the quarter-annual period which is
not less than 30 days following notice by the Secretary or his
representative to the purchaser and the Indians that he intends to
proceed under the authority of this paragraph to change stumpage ratios;
PROVIDED FURTHER, that the stumpage ratio for any species of timber
shall not be changed oftener than once in any calendar year.
"It is mutually agreed in the event the Western Pine Association's
average index prices of lumber become unavailable for use in connection
with these stumpage valuations, the Secretary of the Interior or his
duly authorized representative shall upon thirty days notice to the
Purchaser and the Indians, and after consultation with them, proceed to
revise stumpage prices within this contract as the trend of economic
conditions in the Western Pine Lumber Industry shall warrant, PROVIDED,
that the requirements of notice in this paragraph shall be satisfied
when the new rates established under its authority are made effective
thirty days after notice by the Secretary or his representative to the
Purchaser and the Indians that he intends to proceed under the authority
of this section to change stumpage rates; PROVIDED FURTHER, that the
requirement of quarter-annual revision of stumpage rates shall not apply
to the procedure authorized by this paragraph."
You are familiar with the adjustments of ratios that have been made
in this contract, and the reasons given for the adjustments.
491230 - Magpie Logging Unit, Flathead Reservation
This contract was modified 491230, to provide for quarter-annual
adjustments of stumpage rates. It carried the following provisions for
change in stumpage-to-lumber ratios and for departing from the
quarter-annual adjustment procedure:
"7. The officer approving this contract, or his duly authorized
representative may, upon his own initiative or upon submission by the
Purchaser of evidence satisfactory to the approving officer or his
representative, review the stumpage rates established by the procedure
set forth in Sections 4 to 6 inclusive. If, as a result of such review,
the approving officer or his representative finds that the character of
the operation, changes in marketing conditions, or technological
developments, have altered the situation to such an extent that a change
in the existing ratios between the stumpage rates and the index prices
of lumber appear warranted he shall give 30 days notice to the Party of
the First Part and the Purchaser of his intention to establish now
percentage ratios between stumpage rates and the arithmetical average of
Index Prices of lumber, during which time the Party of the First Part
and the Purchaser may consult with the approving officer or his
representative; PROVIDED that the requirements of notice in this
section shall be satisfied when the new ratios established under this
authority are made effective upon the first day of the quarterly period
which is not less than 30 days following notice by the approving officer
or his representative to the Party of the First Part and the Purchaser
that he intends to proceed under the authority of this section to change
such ratios. The ratio, however, for any species shall not be changed
oftener than once in any calendar year.
"8. Notwithstanding any other provisions of this contract, it is
mutually agreed that, in the event the Western Pine Association's Index
Prices of lumber become unavailable for use in connection with these
stumpage readjustments, or in the opinion of the officer approving this
contract or his duly authorized representative they do not properly
reflect the true market value of the forest products, the approving
officer or his representative shall at any time, after giving thirty
days notice to the Party of the First Part and the Purchaser, during
which time they may consult with the approving officer or his
representative, proceed to revise stumpage rates in this contract as the
trend of economic conditions in the forest products industries of the
western pine region shall warrant; PROVIDED that the requirements of
notice in this paragraph shall be satisfied when the new rates
established under its authority are made effective thirty days after
notice by the approving officer or his representative to the Party of
the First Part and the Purchaser that he intends to proceed under the
authority of this section to change stumpage rates; PROVIDED FURTHER,
that the requirements of quarter-annual revision of stumpage rates shall
not apply to the procedure authorized by this section."
The significant difference between this and the previously approved
Schoolie Unit contract is in Section 8 of the Magpie contract which
provides for an abandonment of ratio method of quarter-annual adjustment
if the Index Prices of lumber become unavailable, "### or in the opinion
of the officer approving this contract or his duly authorized
representative they (index prices) do not properly reflect the true
market value of the forest products, ###."
500103 - Boulder Creek Salvage Unit No. 1, Warm Springs Reservation
"10. THE REGIONAL DIRECTOR OR HIS DULY AUTHORIZED REPRESENTATIVE
may, upon his own initiative, or upon submission by the Purchaser of
evidence satisfactory to the Regional Director or such representative,
review the stumpage rates established by the procedure set forth in
Sections 6 to 9 inclusive. If, as a result of such review, the Regional
Director or his representative finds that the character of the
operation, changes in marketing conditions, technological or other
developments, have altered the situation to such an extent that a change
in the existing ratios between stumpage rates and Lumber Index Prices
appears warranted, he shall give thirty days notice to the Purchaser of
his intention to establish new percentage ratios between stumpage rates
and the Average Index Prices of Lumber during which time the Purchaser
may consult with the Regional Director or such representative;
PROVIDED, that the requirements of notice in this Section shall be
satisfied when the new ratios established under its authority are made
effective upon the first day of the quarter-annual period which is not
less than thirty days following notice by the Regional Director or such
representative to the Purchaser that he intends to proceed under the
authority of this Section to change such ratios. The ratio, however,
for any species of timber shall not be changed oftener than once in any
calendar year.
"11. NOTWITHSTANDING any other provisions of this contract, it is
mutually agreed that in the event the said Western Pine Association's
Weekly Price Summaries showing the Monthly Average Index Prices become
unavailable for use in connection with these stumpage readjustments, or
in the opinion of the Regional Director or his duly authorized
representative do not properly reflect the true value of the forest
products, the Regional Director or such representative shall at any
time, after giving thirty days' notice to the Purchaser, during which
time the Purchaser may consult with the Regioinal Director or such
representative, proceed to revise stumpage rates in accordance with the
trend of economic conditions in the western pine industry, provided that
the requirements of notice in this Section shall be satisfied when the
new rates established under its authority are made effective thirty days
after notice by the Regional Director or such representative to the
Purchaser that he intends to proceed under the authority of this Section
to adjust such stumpage rates."
The foregoing provisions appeared also in Boulder Creek Salvage No. 2
Unit of the Warn Springs Reservation, approved 501130.
Note, in Section 10, that the stumpage-to-lumber ratios could be
adjusted if the character of the operation, changes in marketing
conditions, technological, "# # # or other" developments had altered the
situation.
Note, in Section 11, that quarter-annual adjustments could be
abandoned if they did not reflect "the true value." The previously
approved Magpie contract, referred to "the true market value."
500405 - Boulder Creek Unit, Quinault Reservation, and 500512 -
Taholah Unit, Quinault Reservation
These contracts established ratios between rates bid for stumpage and
log values as published by a log scaling and grading bureau. Provisions
for adjustment of ratios, and departure from quarter-annual adjustment
procedure are:
"10. THE SECRETARY OF THE INTERIOR OR HIS DULY AUTHORIZED
REPRESENTATIVE may, upon his initiative, or upon submission by the
Purchaser of evidence satisfactory to the Secretary or such
representative, review the stumpage rates established by the procedure
set forth in Sections 6 to 9 inclusive. If, as a result of such review,
the Secretary or such representative finds that the character of the
operation, changes in marketing conditions, or technological
developments, have altered the situation to such an extent that a change
in the existing ratios between stumpage rates and the Grays Harbor-Puget
Sound log prices appears warranted, he shall give thirty days notice to
the Purchaser of his intention to establish new percentage ratios
between stumpage rates and the Grays Harbor-Puget Sound log prices
during which time the Purchaser may consult with the Secretary or such
representative; PROVIDED that the requirements of notice in this
Section shall be satisfied when the new ratios established under its
authority are made effective upon the first day of the quarterly paried
which is not less than thirty days following notice by the Secretary or
such representative to the Purchaser that he intends to proceed under
the authority of this Section to change such ratios. The ratio,
however, for any species of saw timber shall not be changed oftener than
once in any calendar year.
"11. NOTWITHSTANDING any other provisions of this contract, it is
mutually agreed that, in the event the said Pacific Northwest Loggers'
Association's composite sales analyses become unavailable for use in
connection with these stumpage readjustments, or in the opinion of the
Secretary or his duly authorized representative do not properly reflect
the true market value of the forest products, the Secretary or such
representative shall at any time, after giving thirty days notice to the
Purchaser during which time the Purchaser may consult with the Secretary
or such representative, proceed to revise stumpage rates in accordance
with the trend of economic conditions in the West Coast Logging and
Lumbering Industry, provided that the requirements of notice in this
section shall be satisfied when the new rates established under its
authority are made effective thirty days after notice by the Secretary
or such representative to the purchaser that he intends to proceed under
the authority of this section to adjust such stumpage rates."
Note that Section 10 is like the Schoolie Unit contract in that it
refers to character of the operation, changes in marketing conditions,
or technological developments. It does not refer to "other"
developments as found in the Boulder Creek Salvage Units on the Warm
Springs Reservation. Approval of contract forms for these Quinault
Reservation sales had pre-dated approval of forms for the Warm Springs
sales.
Effective 551001, the stumpage-to-log ratios of the Boulder Creek and
Taholah Units were increased. The justification for the increases
included a comparison of stumpage appraisals when the sales were offered
with the more recent appraisals. It revealed that the percent of change
in log values had not been as great as the percent of change in
operating margin, which is the difference between log value and cost of
log production that is available for stumpage and the operator's profit.
Since the stumpage rates had been increased by the same percent as the
percent of increase in log value, it followed that the increase in
stumpage rates had not kept pace with the increase in operating margin.
511031, - East Rivais Creek Logging Unit, Flathead Reservation
"9. THE COMMISSIONER OF INDIAN AFFAIRS or his duly authorized
representative, hereinafter called the Commissioner, may review the
stumpage rates established by the procedure set forth in Sections 5 to 8
inclusive, either on his own initiative or upon submission by the
Purchaser of evidence satisfactory to the Commissioner that such a
review should be made. If, as a result of said review, the Commissioner
finds that the character of the operation, changes in market conditions,
or other factors have altered the situation to such an extent that, in
his opinion, a change in the existing ratios between stumpage rates and
the Index Prices of lumber is warranted, he shall give thirty days
notice to the Party of the First Part and to the Purchaser of his
intention to establish new ratios between stumpage rates and the
arithmetical average of Index Prices of lumber, during which time the
Party of the First Part and the Purchaser may consult with the
Commissioner; PROVIDED, that the requirements of notice of this section
shall be satisfied when the new ratios established under this authority
are made effective upon the first day of the next quarterly adjustment
period which is not less than thirty days following the notice by the
Commissioner to the Party of the First Part and to the Purchaser that he
intends to proceed under the authority of this section to change such
ratios. The said ratio for any species shall not be changed oftener
than once in any calender year.
"10. NOTWITHSTANDING any other provisions of this contract, it is
mutually agreed that, in the event the said Western Pine Association's
Monthly Index Prices of Lumber become unavailable for use in connection
with these stumpage adjustments, or in the opinion of the Commissioner
they do not properly reflect the true market value of the stumpage, the
Commissioner shall at any time, after giving thirty days notice to the
Party of the First Part and to the Purchaser, during which time they may
consult with the Commissioner, proceed to revise stumpage rates in this
contract as the trend of economic conditions in the forest products
industries of the ponderosa pine region shall warrant; PROVIDED, that
the requirements of notice in this section shall be satisfied when the
new rates established under this authority are made effective thirty
days after notice by the Commissioner to the Party of the First Part and
to the Purchaser that he intends to proceed under the authority of this
Section to review stumpage rates; PROVIDED FURTHER, that the
requirements of quarter-annual adjustment of stumpage rates shall not
apply to the procedure authorized by this section.
Note in Section 9 that the basis for adjustment of stumpage-to-lumber
ratios is character of the operation, changes in market (rather than
marketing) conditions, "or other factors." The change from "market" to
"marketing" conditions was not intended to be significant. The change
was made because "changes in marketing conditions" was considered to be
an awkward expression. The change to "other factors" was considered
significant, as it gave a much broader authority for changing ratios
than was found in the terminology, "character of the operation, changes
in marketing (or market) conditions, or technological developments."
Note in Section 10 the reference again to "true market value" instead
of "true value."
510622; Frazier Well Logging Unit, Hualapai Reservation.
"9. THE APPROVING OFFICER may review the stumpage rates established
by the procedure set forth in Sections 5 to 8, inclusive, either on his
own initiative or upon submission by the Purchaser of evidence
satisfactory to the Approving Officer that such a review should be made.
If, as a result of said review, the Approving Officer finds that the
character of the operation, changes in market conditions, or other
factors have altered the situation to such an extent that in his
opinion, a change in the existing ratios between stumpage rates and the
Index Price of ponderosa pine lumber is warranted, he shall give thirty
days notice to the Party of the First Part and to the Purchaser of his
intention to establish a new ratio between stumpage rates and the
arithmetical average of Index Prices of ponderosa pine lumber, during
which time the Party of the First Part and the Purchaser may consult
which the Approving Officer; PROVIDED, that the requirements of notice
of this section shall be satisfied when the new ratios established under
this authority are made effective upon the first day of the next
quarterly adjustment period which is not less than thirty days following
the notice by the Approving Officer to the Party of the First Part and
to the Purchaser that he intends to proceed under the authority of this
section to change such ratios. The said ratio for any species shall not
be changed oftener than once in any calendar year.
"10. NOTWITHSTANDING any other provisions of this contract, it is
mutually agreed that in the event the said Western Pine Association's
monthly index prices of ponderosa pine lumber are unavailable during any
periods of this contract for use in connection with these stumpage
adjustments, or in the opinion of the Approving Officer, they do not
properly reflect the true market value of the stumpage, the Approving
Officer shall at any time, after giving thirty days notice to the Party
of the First Part and to the Purchaser, during which time they may
consult with the Approving Officer, proceed to revise stumpage rates in
this contract as the trend of economic conditions in the forest products
industries of the ponderosa pine region shall warrant; PROVIDED, that
the requirements of notice in this section shall be satisfied when the
new rates established under this authority are made effective thirty
days after notice by the Approving Officer to the Party of the First
Part and to the Purchaser that he intends to proceed under the authority
of this Section to revise stumpage rates; PROVIDED FURTHER, that the
requirements of quarter-annual adjustment of stumpage rates shall not
apply to the procedure authorized by this Section."
Note the reference in Section 10 to the index prices becoming
unavailable "during any period of this contract." This became the usual
reference in subsequent contracts, and may have appeared earlier.
There was spirited bidding for the Frazier Well Unit timber. The
accepted bid of $26.10 for ponderosa pine established a
stumpage-to-lumber ratio of 29.54% for the quarter-annual adjustments of
stumpage rates. The ratio for other species became 13.58%. Operations
were conducted at a substantial loss to the purchaser, and it appeared
that he would default on the contract. The tribal council requested a
review of the stumpage prices in order to avoid default with attendant
loss of timber income and employment opportunities. A careful review
led to the conclusion that it would be in the Indians' interests to
revise the ratio downward in order to provide greater assurance of
continued operations. Effective 540401, the ratio for ponderosa pine
was reduced from 29.54% to 19.00%, and the ratio for other species was
reduced from 13.58% to 10.00%.
520630; Crane Creek Unit, Quinault Reservation
The contract established ratios between the bid rates for stumpage
and log values, rather than lumber values, in a manner similar to the
Boulder Creek and Taholah contracts on the same reservation.
"10. THE OFFICER APPROVING THIS CONTRACT or his duly authorized
representative, hereinafter called the Approving Officer, may review,
the stumpage rates established by the procedure set forth in Sections 6
to 9 inclusive, either on his own initiative or upon submission by the
Purchaser of evidence satisfactory to the Approving Officer that such a
review should be made. If, as a result of said review, the Approving
Officer finds that the character of the operation, changes in market
conditions, or other factors have altered the situation to such an
extent that, in his opinion, a change in the existing ratios between
stumpage rates and the Grays Harbor-Puget Sound-Columbia River weighted
average log prices is warranted, he shall give thirty days notice to the
Purchaser and the Indians in General Council or their authorized
representatives of his intention to establish new ratios between
stumpage rates and the Grays Harbor-Puget Sound-Columbia River weighted
average log prices, during which time the Purchaser and the Indians may
consult with the Approving Officer; PROVIDED, that the requirements of
notice of this section shall be satisfied when the new ratios
established under this authority are made effective upon the first day
of a quarterly adjustment period which is not less than thirty days
following notice by the Approving Officer to the Purchaser and the
Indians that he intends to proceed under the authority of this section
to change such ratios; PROVIDED FURTHER, that there shall be no change
in the ratio of any species until two years subsequent to the date of
approval of this contract; and PROVIDED FURTHER, that the said ratio
for any species shall not be changed oftener than once in any calendar
year. The stumpage rate for cedar poles may be adjusted by the
Approving Officer, at any time in accordance with the trend of the cedar
pole market in the general locality of Grays Harbor. Notice of the new
cedar pole stumpage rate will be furnished the Purchaser and the Indians
at least thirty days prior to the date on which it will become
effective.
"11. NOTWITHSTANDING any other provisions of this contract it is
mutually agreed that, in the event the said Pacific Northwest Loggers
Association's Composite Sales Analyses are unavailable during any
periods of this contract for use in connection with these stumpage
adjustments, or in the opinion of the Approving Officer they do not
properly reflect the true market value of the stumpage, the Approving
Officer shall at any time, after giving thirty days notice to the
Purchaser and to the Indians in General Council or their authorized
representatives, during which time they may consult with the Approving
Officer, proceed to revise stumpage rates in this contract as the trend
of economic conditions in the West Coast forest products industries
shall warrant; PROVIDED, that the requirements of notice in this
section shall be satisfied when the new rates established under this
authority are made effective thirty days after notice by the Approving
Officer to the Purchaser and the Indians that he intends to proceed
under the authority of this section to revise stumpage rates; PROVIDED
FURTHER, that the requirements of quarter-annual adjustment of stumpage
rates shall not apply to the procedure authorized by this section."
Effective 551001, the stumpage-to-log ratios were increased, the
justification being essentially the same as that used in increasing the
ratios of the Boulder Creek and Taholah Units, discussed earlier in this
memorandum.
Note that this contract, which was executed two years later than the
Boulder and Taholah Unit contracts, refers to "other factors" rather
than "technological developments" as an item justifying ratio
adjustments.
521112; McKay Creek Unit, Umatilla Reservation
"10. THE APPROVING OFFICER may review the stumpage rates established
by the procedure set forth in Sections 6 to 9 inclusive, either on his
own initiative or upon submission by the Purchaser of evidence
satisfactory to the Approving Officer that such a review should be made.
If, as a result of said review, the Approving Officer finds that the
character of the operation, changes in market conditions, or other
factors have altered the situation to such an extent that, in his
opinion, a change in the existing ratios between stumpage rates and the
index prices of lumber is warranted, he shall give thirty days notice to
the Purchaser and the Indians in General Council or their authorized
representatives of his intention to establish new ratios between
stumpage rates and the arithmetical average index prices of lumber,
during which time the Purchaser and the Indians may consult with the
Approving Officer; PROVIDED THAT the requirements of notice of this
section shall be satisfied when the new ratios established under this
authority are made effective upon the first day of the next quarterly
adjustment period which is not less than thirty days following notice by
the Approving Officer to the Purchaser and the Indians that he intends
to proceed under the authority of this section to change such ratios;
PROVIDED FURTHER, that the said ratio for any species shall not be
changed oftener than once in any calendar year.
"11. NOTWITHSTANDING any other provisions of this contract, it is
mutually agreed that, in the event the said Western Pine Association's
monthly index average prices of lumber are not available during any
period of this contract for use in connection with these stumpage
adjustments, or in the opinion of the Approving Officer they do not
properly reflect the true market value of the stumpage, the Approving
Officer shall at any time, after giving thirty days notice to the
Purchaser and to the Indians in General Council or their authorized
representatives, during which time they may consult with the Approving
Officer, proceed to revise stumpage rates in this contract as the trend
of economic conditions in the forest products industries of the Western
Pine Region shall warrant; PROVIDED, that the requirements of notice in
this section shall be satisfied when the new rates established under
this authority are made effective thirty days after notice by the
Approving Officer to the Purchaser and the Indians that he intends to
proceed under the authority of this section to revise stumpage rates;
PROVIDED FURTHER, that the requirements of quarter-annual adjustment of
stumpage rates shall not apply to the procedure authorized by this
section."
There is no significant difference between these provisions of the
contract and corresponding provisions of other contracts executed about
the same time. It is quoted because the Area Director, as Approving
Officer, increased the ratio for ponderosa pine, effective 550701, from
18.74% to 24.84%. This office was not informed of the justification
used.
550425; McCoy Lake Unit, Colville Reservation
"10. THE APPROVING OFFICER may review the stumpage rates established
by the procedure set forth above and, on his own initiative or upon
request by either the Purchaser or the Indians, may consult with the
Purchaser and the Indians regarding those rates. If, as a result of
such review and consultation, the Approving Officer finds that changes
within the forest products industry have materially altered the
relationship between stumpage value and lumber prices with respect to
the timber to be cut under this contract, he may, after thirty days'
notice to the Purchaser and the Indians, establish new ratios between
stumpage rates and the arithmetical average index price of lumber, which
new ratios shall be used as described in Section 9 above in determining
stumpage prices for each succeeding quarterly period. In making any
change in the ratio of stumpage prices to lumber index prices the
Approving Officer shall recognize that the value of the stumpage, in
relation to the value of the final product, was established at the time
of bidding under conditions for both stumpage and lumber then current,
and that any change in the ratios between stumpage price and lumber
index price must be based on changes in conditions subsequent to bidding
or be justified by the necessity for making equitable adjustment to meet
situations that were not recognized nor anticipated at the time the
contract was executed. PROVIDED, that the requirements of notice of
this section shall be satisfied when the new ratios established under
this authority are made effective upon the first day of the next
quarterly adjustment period which is not less than thirty days following
notice by the Approving Officer to the Purchaser and the Indians that he
intends to proceed under the authority of this section to change such
ratios; PROVIDED FURTHER, that the said ratio for any species shall not
be changed oftener than once in any calendar year.
"11. NOTWITHSTANDING any other provisions of this contract, it is
mutually agreed that, in the event the said Western Pine Association's
monthly Index Prices of Lumber are unavailable during any periods of
this contract for use in connection with these stumpage adjustments, or
in the opinion of the Approving Officer they do not properly reflect the
true market value of the stumpage, the Approving Officer shall at any
time, after giving thirty days notice to the Purchaser and to the
Indians in General Council or their authorized representatives during
which time the Purchaser and the Indians may consult with the Approving
Officer, proceed to revise stumpage rates in this contract as the trend
of economic conditions in the forest products industries of the Western
Pine Region shall warrant; PROVIDED, that the requirements of notice in
this section shall be satisfied when the new rates established under
this authority are made effective thirty days after notice by the
Approving Officer to the Purchaser and the Indians that he intends to
proceed under the authority of this section to revise stumpage rates;
PROVIDED FURTHER THAT THE requirements of quarter-annual adjustment of
stumpage rates shall not apply to the procedure authorized by this
section."
Note the complete change in wording of section 10. This was
considered to provide a more workable base for adjusting ratios than is
found in the earlier forms of contracts.
The McCoy Lake form is the one being used currently in Indian Bureau
contracts which call for quarter-annual adjustments by the ratio method.
In some recent small timber sale contracts, there is stipulated the
lumber index price at approximately the time of timber sale
advertisement. At annual intervals that lumber index is compared with
the index for a recent period, and the stumpage rate is adjusted by
fifty per cent, or some other per cent, of the dollar change in index.
It is possible that this procedure may be adapted to quarter-annual
adjustments in some future sales.
Clyde F. Peick
560606
Clyde F. Peick Forester
George S. Kephart
560606
George S. Kephart Assistant Chief, Branch of Forestry
HEL-012-083-0851
HEL-012-0838-0851
SHANKLIN TECH REVIEW
560514
CORRESPONDENCE
MELIS, P E BIA BR OF FORESTRY
Forestry
690000-53 Part B-2
560514
Memorandum
To: Mr. John F. Shanklin, Technical Review Staff
From: Mr. Percy E. Nelis, Chief, Branch of Forestry
Subject: Stumpage Adjustment Provisions of Indian Bureau Contracts
In connection with your study of the stumpage adjustment provisions
of the Schools Logging Unit contract, Warm Springs Reservation, you have
asked that we furnish an outline of the various stumpage adjustment
provisions that have been used in Indian Bureau contracts from time to
time. We understand you are particularly interested in determining
whether the modification of the Schools Logging Unit contract
contemplated a distinct change in stumpage adjustment philosophy, or
whether the modification was considered to be merely a more convenient
device for attaining the same objectives as the original contract. We
understand you also wish to determine whether it has been the intent
that stumpage values should follow the trend in value of end products
(lumber, logs or other products) or whether they were intended to follow
the trend of prices received for stumpage in subsequent sales.
The following chronological record of representative timber sales
reveals a continuing process of evaluation in stumpage adjustment
provisions, dating back at least to 120000.
On 120926, the "Regulations for the Sale of certain Timber on the
Indian Reservation, Oregon," dated were approved for use in connection
with the so-called Knapp sales. The regulation provided:
"No bid of less than $3.25 per thousand feet board measure will be
considered, with an increase of twenty-five cents per board feet at the
end of three years after the contruct period begins, this increase to be
optional with the Commissioner of Indian Affairs if the lumber market
warrants such an increase."
On 130225, regulations for the sale of timber on the Summers Unit,
Klamath Reservation, were approved. They provided that no bid would be
considered of less than $3.75 per M feet for yellow pine and sugar pine
and $1.50 for other species.
Copy to: File No. 22196-50
"### during the first three years of the eight-year cutting period
allowed for the cutting and removal of the timber and an increase of
twenty-five cents per M feet board measure at the end of three years,
and a further increase of fifty cents per M feet board measure at the
end of six years, both increases to be optional with the Secretary of
the Interior, provided lumber prices advance sufficiently during the
contract period to warrant such increases,"
In 140000, a form of contract was approved for use in the sale of
timber on the Tulalip Reservation, which provided in part:
"For and in consideration of the foregoing the party of the second
part agrees to pay to the Superintendent of the Tulalip Indian School,
### the sum of , more or less, ### for the said timber at the following
rates: ###
"Provided, however, that the Secretary of the Interior shall, on
170630, 200630, and 230630, at his option, readjust the stumpage prices
on all timber covered by this contract, ### each readjustment of
stumpage prices to be made in accordance with the provisions of Section
3 of the regulations, approved by the Department of the Interior 140406,
under which this timber was sold."
Section 3, of the regulations referred to, covered more than three
single-spaced typewritten pages. It named the officially recognized log
grades for each of the several species sold, and the average prices for
each grade that were apparently current just prior to the sale. It then
provided that on 170630, there would be calculated the percentage of
each log grade, by species, that was actually scaled from the sale area
during the interval between the date of contract approval and 170630.
The average log value at the beginning of the contract was then to be
determined by applying the log grade percentages actually scaled to the
grade prices named in the contract. The same grade percentages were
also to be applied to the average prices at which each grade of logs was
currently being sold. If there had been an increase in average log
prices, the Secretary could adjust the stumpage rates, in his
discretion, by not more than 50 percent of the amount of such increase.
Adjustments at each of the subsequent three-year periods were to be made
in a similar manner.
The regulation also contained safety valve clauses, designed to
protect the purchaser. Upon written application from the purchaser "###
showing good and sufficient reasons, and showing the existence of a
serious emergency arising from changes in market conditions since the
readjustment ###" the Secretary was authorized to redetermine and
establish stumpage rates at times other than the stipulated three-years
periods, or to grant an extension of time within which to meet the
minimum cutting requirements without a change in stumpage price. In
applying this safety valve, the regulations provided that:
"### the Secretary will readjust the stumpage rates if it is shown to
his satisfaction that for a period of one year market conditions have
not permitted operation by the purchaser at a profit above operating
cost, including office and supervisory expenses, interest, taxes,
insurance and reasonable charges for depreciation and maintenance of
plant."
At least three facts should be noted in this 140000 contract: (1)
Stumpage price adjustments were tied to changes in value of the end
product; namely logs, and no provision was made for a comparison with
stumpage rates in other sales; (2) Stumpage values for each three-year
period were determined on the basis of the average quality of logs
produced from the sale area during the preceding three-year period, and
no attempt was made (accept in the stumpage appraisal preceding
advertisement of the sales) to establish a stumpage price based upon
average log quality for the entire sale area; and (3) There was a
specific provision for adjusting stumpage rates so as to allow the
purchaser a profit, unless such a profit could not be earned after
paying the absolute minimum stumpage rates.
On 170827, a contract was approved for the sale of timber on the
Southern Mount Scott Unit, Klamath Reservation. It provided that the
bid rates were to be paid for stumpage for the period ending 200331.
The stumpage prices were to be adjusted as of 200401, and at three-year
intervals thereafter. The contract provided that the stumpage rates for
each of the three-year periods after 200401:
"### shall be determined after a careful consideration of the cost of
logging operations and of lumber manufacture in comparison with the
prevailing market prices for timber products in the southern Oregon and
northern California region during the three years preceding 000101 of
each year in which each new schedule of prices is fixed. Although the
determination of the new rates shall lie wholly within the discretion of
the Commissioner of Indian Affairs, a hearing will be afforded the
purchaser upon request ###.
"It is agreed further that the advance in stumpage rates as
determined at the close of each specified period shall not exceed 50
percent of the increase in the average mill-run wholesale net value of
lumber at mills in southern Oregon and northern California during the
three years preceding 000101 of the year in which the new prices are
fixed.
"As a basis for comparison in a readjustment of prices as above
specified, it is stipulated # # # that the average mill-run wholesale
net values per thousand feet f.o.b. at mills in southern Oregon and
northern California at the beginning of the three-year period which is
to end on 200101, are $15.75 for yellow pine, # # # and sugar pine and
$13.50 for white fir.#
On 200617, the Chiloquin Unit contract, Klamath Reservation, was
approved. The bid stumpage rates were made effective for the period
ending 240331, and were to be adjusted at three-year intervals
thereafter. The contract stipulated that the average mill-run wholesale
net value of lumber, f.o.b. mills in southern Oregon and northern
California during the three years ending 200401, was $22.50 for yellow
pine, sugar pine and incense cedar, and $17.00 for other species. The
contract then provided:
"In determining the stumpage rates to be designated for all timber
scaled during the three-year period beginning 240401, the average mill
run wholesale net value of lumber f.o.b. mills operating in southern
Oregon and northern California during the three years directly preceding
240101, will be compared with the values of $22.50 and $17.00 stipulated
in the preceding paragraph as basic values, and the cost of logging
operations and lumber manufacture during the said three years will be
compared with the cost of such operations and manufacture during the
three-year period preceding 210101, for the purpose of ascertaining, so
far as is practicable, whether there has been generally in the lumber
industry in the specified region an increase in the margin of profit on
logging and manufacturing operations during the three-year period
directly preceding 240101.
"Any advance in stumpage price prescribed by the Commissioner for the
three year period beginning 240401, shall not exceed 50% of the
difference between the average mill-run wholesale net value of lumber of
that species f.o.b. mills as stipulated above and that for the same
species during the three years directly preceding 240101. In the
discretion of the Commissioner a reduction in the stumpage price of any
species may subsequently be made to correct any error or to afford the
purchaser relief from a market depression that deprives the purchaser of
any substantial margin of profit: PROVIDED THAT the stumpage price of
no species will ever be reduced below the rate bid for the initial
period of the contract."
Subsequent adjustments at three-year periods were to be made in a
similar manner.
On 230913, the Antelope Valley contract, Klamath Reservation, was
approved. It provided that the bid rates were to apply until 230331.
For the three-year period beginning 280401, the original stumpage prices
were to be increased by 16 percent. For the three-year period beginning
310401, and for each of the subsequent three-year periods, additional
increases of 12 percent were to be made. By this means the original bid
price of $3.75 for yellow pine became $6.11 for the three-year period
beginning 370401. The contract also provided, however:
"Upon presentation by the purchaser of detailed information supported
by affidavits by a certified public accountant and by the purchaser,
showing that the logging of the said unit is being conducted at a loss,
investigation will be made by Forest Officers under the direction of the
Commissioner of Indian Affairs, for the purpose of ascertaining whether,
under existing market conditions, the purchaser is able, with efficient
management, to earn a reasonable profit on the operation. If such an
investigation shall show to the satisfaction of the Commissioner of
Indian Affairs that the operation will not, under efficient management,
earn a reasonable profit, he may in his discretion, relieve the
purchaser from any portion or all of the increase in price over the
original contract stumpage price for much period as he shall consider
necessary to protect the purchaser from serious loss on account of
adverse market conditions: Provided, that none of the stumpage rates
will ever be reduced below the prices specified in the contract for the
period ending 280331; and the Commissioner shall have authority to
reimpose any part or all of the increase in prices at any time upon
giving notice to the purchaser, subject to review by Secretary of the
Interior."
On 240919, the contract for the Long Prairie Unit, Klamath
Reservation, was approved. It provided that the bid rates were to
prevail until 280331. For each of the periods beginning 280401, and
310401, additional 12 percent increases were to become effective. The
contract then provided:
"Prior to 340331, the Commissioner of Indian Affairs will determine
whether the increase in stumpage values between 310101, and 331231, has
been substantially equal to 12 percent of the prices stipulated in this
contract for the three-year period ending 340331. If it be found that a
rate of 12 percent increase for such three-year period over the
preceding three-year period will fairly represent the increase in
stumpage values, and there are not definite and unmistakable indications
that such rate of increase cannot be safely applied to the future, then
the stumpage prices will be advanced 12 percent on 340401, over the
prices paid during the three-year period ending 340331, and 12 per cent
increases will also be made on 370401, and 400401, over the prices paid
during the respective preceding three-year periods. If the Commissioner
of Indian Affairs shall determine, in view of past experience and the
probable future conditions, that the previous 12 per cent rate of
increase will not be applicable to the remaining portion of the contract
period, he shall fix new rates of increase for the three-year periods
beginning 340401, 370401, and 400401, which rates shall for no
readjustment period be less than 6 per cent nor more than 18 per cent
above the stumpage prices that were prescribed for the three-year period
immediately preceeding."
This provision, which was also used in several other contracts,
appears to be one of the first in which reference was made to an
increase in stumpage values as a basis for adjusting stumpage rates.
Modification Lexislation
Stumpage adjustment provisions of the Klamath Reservation contracts
during the early 300000's, for the most part, called for automatic 12
percent increases at three-year intervals. Because of depressed market
conditions, the stumpage rates became so burdensome that legislation was
enacted 330304, which authorized a modification of the contracts, with
the consent of the Indians, in order to reduce the stumpage rates. The
Act provided:
"That any modification of said contracts shall stipulate that in the
event of sufficiently improved economic conditions, the Secretary of the
Interior, with the consent of the said General Council, is authorized
and directed, after consultation with the purchasers and the Indians
involved and after 90 days' notice to them to increase stumpage prices
of timber reduced in any such modified contract."
Similar language appeared in the Act of 340606, which authorized the
modification of contracts on the Quinault Reservation.
Insofar as the stumpage adjustment terms of Indian Bureau timber
contracts are concerned the expression "economic conditions" originated
with these two acts.
Because of the unsatisfactory results that had been obtained with
mandatory percentage increases in stumpage rates it became the usual
practice in subsequent Indian Bureau contracts to provide for
adjustments according to the trend of economic conditions. The earlier
of these contracts, including the Schoolie Unit contract, provided for
annual reviews of economic trends, and also provided that adjustments
could be made effective only on 000401 of any year, preceded by 30 days'
notice of intention. This absolute deadline for annual adjustments
became very burdensome and it soon became the practice to provide that
adjustments could be made at any time, upon 30 days' notice, according
to the trend of economic conditions. There were many miner variations
in language, with some contracts referring to the trend of economic
conditions, and other referring to the trend of economic conditions in
the lumber industry, or in the western pine region.
Considerable difficulty was encountered in interpreting the
expression "trend of economic conditions" as it related to stumpage
adjustments, particularly under wartime conditions.
In 440100, the Regional Foresters were called to the Central Office
for a conference on stumpage adjustments and other timber sale matters.
They prepared a joint statement dated 440126, entitled "Conclusions with
Respect to Stumpage Appraisals, Reappraisals, and Timber Contracts." The
report pointed out that, at the time, there were about 37 timber sale
contracts which contained stumpage adjustment provisions, all of them
substantially as follows:
"The Secretary of the Interior is authorized and directed to revise
stumpage prices at any time upon 30 days' notice to the purchaser as the
trend of economic conditions in the lumber industry shall warrant:
Provided, that any rate so established shall not be less than those
specifically set forth above."
The report state:
"As this group understands it, the term 'economic conditions' refers
both to the market price of the products derived from the stumpage, and
to the rates of stumpage being received in the particular region being
considered."
It is important to note the foregoing reference to "the rates of
stumpage being received." It is also important to note that the report
was prepared at a time when the lumber industry was operating under
war-time restrictions, including ceiling price regulations on lumber.
The regional foresters therefore came to the conclusion that stumpage
rates should be increased in keeping with any improvement in lumber
prices, regardless of whether such improvement occurred as a result of
O.P.A. Select or the interaction of the forces of supply and demand.
They found further justification for this conclusion in the fact that
stumpage prices in new sales showed a definite upward trend despite the
ceilings on lumber prices. The report thereupon recommended:
"### that the reappraisal procedure followed by the Indian Service
for years prior to 410000 be continued and that stumpage be increased or
decreased in direct proportion to the trend of the lumber market. This
is the ratio method of appraisal which recognizes the fact that stumpage
value bears a normal fundamental relationship with the market value of
the products derived from its exploitation. Costs are not a factor in
the reappraisal of stumpage on existing contracts ### because the
original appraisal which was based on development costs and timber
quality established the basic stumpage value relationship with lumber
markets for the stumpage on the particular unit."
As a result of the conference, and because of the large number of
contracts requiring detailed stumpage adjustment studies, a procedure
was soon incorporated in new sales which called for annual adjustments,
automatically, based upon the trend in lumber values. There was
apparently no intention or desire that the new procedure would result in
a change from the previous objective of adjusting stumpage rates
according to economic trends. The new procedure was, instead, an
attempt to provide a simpler method of attaining the same objective. It
was in keeping with the philosophy developed in the regional foresters'
report of 440126.
Although the available record is not entirely clear, it appears that
one of the first contracts to utilize the foregoing provision for
automatic annual adjustment of stumpage rates was the Big Cinega
contract, Port Apache Reservation, approved 441213. It stipulated that
the gross wholesale mill-run market value of ponderosa pine lumber
during the calendar year 430000, as compiled from the "Western Pine
Association P.O.B. Price Summary Past Sales" reports was $39.35 per M
feet, and that the rate of $4.45 per M feet bid for pine and Douglas fir
was 11.31% of that lumber price. The rate of $1.90 per M feet bid for
other species was stipulated to be 4.83% of lumber price. The contract
then provided:
"Prior to 450401, the Commissioner of Indian Affairs shall compile
from the Association reports the average ponderosa pine lumber value for
the year ended 441231. The above stipulated percentages for each
species shall then be applied to this average ponderosa pine lumber
value for the year ended 441231, and the stumpage rates so determined
for each species shall become effective for the one-year period of the
contract beginning 450401."
The stumpage rates were to be adjusted 000401 of each subsequent year
in the same manner by applying the stipulated percentages to the average
lumber price for the year just ended. Considerable thought was given to
the question whether "the average gross wholesale mill-run market value
of lumber" or the Western Pine Associations "index price of lumber"
should be used in connection with the automatic stumpage rate
adjustments. In later contracts the index of lumber prices, rather than
the gross wholesale mill-run market value, was used.
Still later it was found that the rigid provision for automatic
annual adjustments of stumpage rates was not always satisfactory. To
overcome this difficulty a further change was incorporated in subsequent
contracts.
The Big Hill contract of the Hoopa Valley Reservation, approved
470212, and the Whitewater contract of the Warm Springs Reservation,
approved 470415, were among the first. to use this revised provision.
The percentage relationship between the price had for stumpage and the
lumber index price for a selected month or year was stipulated in the
contract. The contract then provided:
"The Commissioner of Indian Affairs shall obtain from the Western
Pine Association, through its published reports or otherwise, statements
of the average index prices of lumber for such monthly periods or other
periods as he may deem advisable for the purpose of these revaluations,
these index prices to be calculated on the same bases of grade
percentages as these used in determining the average index prices
stipulated in Section 7. The percentages stipulated in Section 8 shall
then be applied to the corresponding average index prices of lumber for
a month or other period selected by the Commissioner of Indian Affairs,
and the new stumpage rates for each species so determined shall become
effective at the end of the required 30 days notice. PROVIDED; that
the month or other period so selected shall be subsequent to the period
stipulated in Section 7 of this contract."
There was a further provision that if the index prices should become
unavailable for the purpose of stumpage revaluations the stumpage rates
could be revised as the trend of economic conditions in the lumber
industry might warrant.
Modification of the Schoolie Unit Contract
Although the newer contracts provided for automatic or semi-automatic
adjustments there remained the very considerable annual task of making
revaluation studies on many of the older contracts, which called for
adjustments according to economic trends. The task was particularly
difficult with the Schoolie Unit and several other contracts which
provided that stumpage adjustments could be made effective only on
000401 of any year, preceded by 30 days' notice of intention.
During this period, Mr. Kephart of the Central Office staff prepared
several memorandum in which he attempted to analyse the intent of the
"economic conditions" clauses in the various contracts, the validity of
using lumber price trends as a measure of economic trends, and the
results attained by the procedures being followed. Some of those
memoranda were reviewed by Central and Regional Office personnel, and
there seemed to be rather general agreement with his findings.
The Central Office had been considering for some time the
advisability of arranging for more frequent adjustments, by the
percentage method, and had discussed this possibility with Mr. David
Mason, a forestry consultant of Portland, Oregon. On 471123, Mr. Mason
prepared a memorandum summarizing his ideas on the subject, and his
experience with a timber sale conducted with such a provision. He
suggested that automatic adjustments at frequent intervals would be
suitable for use in the sale of Indian timber, but that a "safety valve"
clause would be needed which would authorize adjustments of the ratio
itself. He suggested that it be tried out in the Summit Creek Sale on
the Yakima Reservation which was then under consideration. A memorandum
to the Secretary from the Commissioner was prepared shortly thereafter,
which proposed that the form of contract authorized for use in the sale
of the Summit Creek timber be changed to provide for quarter-annual
adjustments by the percentage method. It was learned through informal
discussions, however, that the proposed change would not be acceptable
to the then Chief of the office of Land Utilization, and it was not
submitted. The memorandum contains considerable background information,
however, and a copy was therefore retained in the Central Office files.
On 480621, Assistant Commissioner Provinse wrote to Regional Director
Pryse of the Portland Office, suggesting that he explore the possibility
of modifying the Schoolie and three other contracts to eliminate the
deadline dates on which changes in stumpage rates could be made
effective.
He was asked to discuss with the contractors and other interested
parties the possibility of modifying these contracts to provide one of
the following:
1. An adjustment at any time after reasonable notice to the
contractor.
2. Adjustment at any time after reasonable notice but limited to
once each calendar year.
3. An adjustment on or before 000701 of each year after reasonable
notice.
The Warm Springs Tribal Council had already adopted a resolution, on
480316, requesting a modification of the stumpage adjustment provisions
of the Schoolie contract, but without suggesting what changes would be
acceptable.
Mr. Provinse's letter was discussed with the Warm Springs Lumber
Company, purchaser of the Schoolie Unit. The company them addressed a
letter of 480831, to Superintendent Elliott, suggesting that the
contract be modified to provide for quarter-annual adjustments of
stumpage rates by the percentage, or ratio, method. After further
negotiation the contract was modified, effective 490323, to its present
form. Advantage was subsequently taken of the "safety valve" clause to
change the stumpage-to-lumber ratios.
The modified Schedule contract was the first to incorporate a
provision for quarter-annual stumpage rate adjustments by the ratio
method, together with a "safety-valve" clause for changing the ratios
themselves.
Character of the Operation, Changes in Marketing Conditions or
Technological Developments
The modified Schoolie Unit contract authorizes the Secretary to
change the stumpage-to-lumber ratios if he finds, "# # # that the
character of the operation, changes in marketing conditions, or
technological developments, have altered the situation to such an extent
###" that the change in ratios is, in his opinion, warranted. Our files
provide no positive indication of the reasons for citing these three
conditions as a justification for changing the ratios. This language
was prepared in the Regional Office, but there were very probably
telephone calls and informal correspondence with the Central Office
during its preparation. Mr. Kephart, who was a member of the Central
Office staff at the time, recalls that the term "trend of economic
conditions" had proved to be so broad as to be difficult of
interpretation. The new phase was therefore adopted in the belief that
the three named items were three of the important factors to be analyzed
in determining the effect upon stumpage values of the trend of economic
conditions.
The modified Schoolie Unit contract was the first to provide for
quarter-annual adjustments, with a "safety valve" for changing the
stumpage-to-lumber ratio. Several significant changes have been made,
however, in more recently executed contracts:
1. The phrase "character of the operation, marketing conditions or
technological developments" was first changed to rend "character of the
operation, changes in market conditions, or other factors."
2. This foregoing change was still too restrictive, and the entire
phraeology was later changed to read essentially as follows:
"The approving officer on his own initiative may review stumpage rut
on established by the procedure set forth above, or upon submission by
the purchaser or by the Indians of evidence satisfactory to the
approving officer that such a review should be made, may consult with
the purchaser and the Indians regarding these rates. If, as a result of
such review and consultation, the approving officer finds that changes
within the forest products indutry have materially altered the
relationship between stumpage value and lumber prices with respect to
the timber to be cut under this contract, he may, after thirty days'
notice to the purchaser and the Indians, establish new ratios between
stumpage rates and the arithmetical average index prices of lumber,
which new ratios shall be used as described in Section 9 in determining
the stumpage prices for each succeeding quarterly period. In making any
changes in the ratio of stumpage prices to lumber index prices, the
approving officer shall recognize that the value of the stumpage, in
relation to the value of final product, was established at the time of
bidding under conditions for both stumpage and lumber then current, and
any change in the ratios between stumpage price and lumber index price
must be based on changes in conditions subsequent to bidding or be
justified by the necessity for making equitable adjustment to meet
situations that were not recognized nor anticipated at the time the
contract was executed. PROVIDED, that the requirements of notice of
this section shall be satisfied when the new ratios established under
this authority are made effective upon the first day of the next
quarterly adjustment period which is not less than thirty days following
notice by the approving officer to the purchaser and the Indians that he
intends to proceed under the authority of this section to change such
ratios; PROVIDED FURTHER, that the said ratio for any species shall not
be changed oftener than once in any calendar year."
3. A further safety valve clause has been added, which provides that
if the trend of lumber index values does not properly reflect the trend
in stumpage values the approving officer may, in his discretion, proceed
to adjust the stumpage rates at any time in accordance with the trend of
economic conditions.
4. One of the most recent changes in stumpage adjustment procedure
has been approved for use in some recent timber contracts that will be
in force for only two or three years. The lumber index prices for a
selected period just prior to advertising the sale are stipulated in the
contract. The contract then provides that effective 000101 (or 000401)
of each year the stumpage rates will be increased or decreased by 50%
(or 40%) of the difference between the originally stipulated lumber
index and the arithmetical average of lumber index prices for the last
three months of the year just ended. The intent of this provision is
essentially the same as that of the Tulalip Reservation contract of
140000 to which reference was made early in this memorandum.
The foregoing information is based upon a review of readily available
files. We shall be glad to furnish you with the more important of these
files for your further reference.
/s/ Percy E. Melis Chief, Branch of Forestry
HEL-012-0852-0865
HEL-012-0852-0865
SHANKLIN, J F TECH REVIEW
620103
CORRESPONDENCE
HYDEN, H E US DOI
RECEIVED
620104
c-60-1040.9
UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF THE SOLICITOR WASHINGTON 25, D.C.
620103
Memorandum
To: Assistant Secretary, Public Land Management
From: Associate Solicitor, Indian Affairs
Subject: Criteria governing the procedures preliminary to a Stumpage
Ratio Adjustment, Indian Timber Contracts
We have reviewed the proposed criteria concerning stumpage ratio
adjustments in certain Indian timber contracts. We are aware that many
divergent and at times conflicting views have been expressed concerning
the interpretation of these contracts. It appears to us that a great
many times the discussions and views turn principally on the use of
words and their meaning. At various times such words as "significant
change" and "sufficient magnitude" have been said to be necessary to
justify an adjustment in the stumpage ratios involved in the contracts.
It may well be that in discussions heretofore had between
representatives of your office, representatives of this office, and of
the Bureau of Indian Affairs words and expressions and ideas have been
used that may or may not be out of the contract itself. We believe that
the use of words not found within the four corners of the contract in
attempting to explain the meaning of the contract is extremely difficult
if not hazardous. We are of the opinion that there is a wide field for
the exercise of judgment in which it is contemplated that the office of
the Secretary of the Interior may act as arbitrator in administering
these contracts providing for ratio adjustments. Part of the
difficulty, we believe, is that it is extremely difficult to write rules
of definition to govern the exercise of sound judgment in any case, and
particularly where the financial affairs of two contracting parties are
involved.
We suggest, therefore, that the parties concerned in the Department
be brought together in a discussion conference so that the several
divergent views may be reconciled.
H. E. Hyden Associate Solicitor Indian Affairs
cc: Secy files Sol file LIA (2) Assoc.Sol IA Asst Sol ILA
HEL-012-0866-0866
HEL-012-0866-0866
ASST SCTY PUBLIC LAND MGT
620103
CORRESPONDENCE
CROW, J O DOI BIA
Forestry 162-57
620103
Memorandum
To: Assistant Secretary Public Land Management
From: Commissioner
Subject: Criteria governing the procedures preliminary to a Stumpage
Ratio Adjustment, Indian Timber Contracts
We have reviewed the proposed criteria attached to your memorandum of
611219. We concur in some of the proposals, but others require
substantial revision in order to serve the intended purpose. Our views
are set forth in the attached memorandum from the Branch of Forestry.
Alternative criteria are not submitted at this time, because they can
be drafted more easily after the divergent views, and any of the
Solicitor's Office, are resolved through conference.
In addition to these criteria we are in great need of an approved
step-by-step procedure to follow in accomplishing a ratio adjustment.
In developing such procedure, we suggest that the actions actually taken
in the past two or three ratio adjustments be reviewed, to determine
whether actions taken in those cases, and their sequence, can be
improved.
(Sgd) John O. Crow Deputy Commissioner
Enclosure
cc: Solicitor Bureau Surname File 4595-57 Forestry Chrony Mailroom
Chrony Holdup
HEL-012-0867-0867
HEL-012-0867-0872
ASST SCTY PLM
620102
CORRESPONDENCE
KEPHART, G S BIA BR OF FORESTRY
Forestry
620102
Memorandum
To: Commissioner
From: Chief, Branch of Forestry
Subject: Criteria governing the procedures preliminary to a Stumpage
Ratio Adjustment, Indian Timber Contracts
We have reviewed the proposed criteria attached to Assistant
Secretary Carver's memorandum of 611219. Where feasible, the following
comments are referenced to sub-headings of the proposed criteria.
Problem (page 4)
The authors of these contracts used some words and phrases in a
rather broad sense. We are now attempting to develop precise
definitions for some of them. The problem is, insofar as possible, to
develop precise definitions that will not do violence to the original
intent and that will, themselves, be safe from misinterpretation during
the next 25 years that one of the contracts will be in force.
Basic Legal Opinion (pages 4-5)
The proposed criteria apparently assume that the Solicitor's opinion
M-36, 461, dated 570722, can be accepted and interpreted without
question. We recommend that the opinion be reviewed and either modified
or clarified; because this is a case in which the original intent of
the contracts is not reflected in the subsequent opinion.
The contracts state, "### if the (approving officer) finds ###" that
certain events have occurred, he shall give notice of intention to
adjust stumpage ratios. The word "finds" was considered by the authors
of the contracts in the general meaning of discovering or becoming aware
of the fact that certain events had occurred. This concept is revealed
by procedures followed in making stumpage ratio adjustments prior to the
Solicitor's opinion.
The Solicitor's opinion holds that a formal finding, in the legal
sense, is required. If this opinion is confirmed, we shall need a
clarification as to what must be found. The opinion states, "###, the
Secretary must make a finding that significant changes having to do with
the character of the operation, marketing conditions, or technological
developments have taken place." Actually the contracts provide that if
the approving officer "### finds that the character of the operation,
changes in marketing conditions or technological development, have
altered the situation to such an extent ###" that a change in existing
ratios appears warranted, he shall give notice of intention to adjust
ratios. We suggest that the required finding has to do with a
sufficient "alteration" of "the situation" brought about by the single
or interacting forces of character of the operation et al.
If our understanding as to the required finding is correct it affects
the actions to be taken under the proposed criteria, as explained later
under "B. Review of Stumpage Rates (page 6)."
A. Frequency of Stumpage Revaluation Studies (page 5)
It was the hope of the ratio adjustment provisions (and not the
apparent intent, as stated in the criteria) that the provisions would
eliminate the need of annual economic reviews and stumpage adjustments.
We agree that annual changes in ratios were not anticipated, and that
the provision for changing ratios was included to meet situations that
were unforeseen, but recognized as possible.
The important fact here is that provision was made for the
unforeseen, and the unforeseen did happen. The contracts provide that
the ratio for any species, "### shall not be changed oftener than once
in any calendar year." This can be rephrased to state that such ratios
"### can be changed at least once every calendar year."
It is a fact that unforeseen conditions develop which made it
impossible to fulfill the original hope of infrequent stumpage
adjustments. Contrary to the statement at page 5 of the proposed
criteria, therefore, it should be the policy to make stumpage
revaluation studies as often as the need is indicated, subject to the
once-a-year limitation. We agree that the studies should encompass the
period beginning with the origin of the contract--which we interpret to
mean the period immediately proceding (usually 3-6 months) the date when
bids were received.
B. Review of Stumpage Rates (page 6)
The proposed criteria recommend, as a policy, that a review of the
stumpage rate may be made each year. The assembling of data relative to
production costs, product values, stumpage prices, etc. is a continuing
process, with the assembled data usually being compiled and analysed
annually. This is a large part of the review of stumpage rates. We
recommend that it be a required procedure, and not merely permissive.
Because of views expressed above, under Basic Legal Opinion we
diagree with the statement at page 6 of the proposed criteria. There
might be a "significant change" of "great magnitude" in some feature of
character of operation, or market conditions, or other factors. But
there might be one or more changes in the opposite direction among other
features, the total result being that "the situation" would not be
"altered" to such an extent as to warrant a ratio adjustment. The key
words, therefore, are "the situation" and "altered" rather than
"significant change" and "sufficient magnitude."
The fundamental premise behind this type of contract is not "### to
tie the price of stumpage to the log or lumber market through a definite
ratio originally set by the high bid." It is, instead, to change the
ratio if and when the need of such change is demonstrated.
Policy Governing Review of Stumpage Rates (page 7)
1. The review of stumpage rates must reveal a change in "the
situation" (to be defined below) which, in the opinion of the approving
officer, warrants a change in ratios.
2. The review of stumpage rates, like the stumpage adjustment study,
should encompass the period of time beginning with the origin of the
contract, because it must reveal whether there has been a sufficient
change in the situation. We do not agree that the review should be
limited to the period of time beginning with the previous review from
which a change in ratios was put into effect.
C. Change in Ratio (page 7)
The review of stumpage rates does not have to be "sufficiently
conclusive to warrant a change in ratios." It is only necessary to
determine that a change in ratios appears to be warranted (or, in some
contracts, that it is warranted in the opinion of the approving
officer.)
1. We agree "that the basis for determination that a change in
ratios (appears to be) warranted" should be disclosed at the
consultations. However, the tribes and the purchasers may claim that
they should have this material prior to the consultations, so they can
prepare themselves.
2. We have found that, sometimes, when the consultants have been
furnished complete copies of the revaluation studies, except for
confidential data, the consultations have degenerated into quibbling
over miner items in the cost or the product value analyses. Overall
figures have then been ignored, if in the interests of the consultant to
do so. We recommend that a properly prepared summary of the revaluation
study be authorized for use at the consultations, in the discretion of
the approving officer or his representative.
D. Definitions (pages 8-10) We recommend the following:
Review of Stumpage Rates. Refers to a limited survey to determine
whether character of the operation, changes in marketing (market)
conditions, or technological developments (other factors) have altered
the situation to such an extent that a change in ratios appears
warranted. If there have been no significant changes in any of the
three elements, the review need not proceed further. If there have been
one or more such changes, their total effect on "the situation" must be
reviewed.
The Situation. As used in these contracts, refers to conditions
affecting stumpage values and the prices bid for the contracted timber,
immediately proceding (usually 3 or 6 months) the date when the
purchaser submitted his bid. Includes, but is not limited to,
relationship of bid prices to (a) advertised minimum prices, and (b)
margin remaining for purchaser's profit-risk allowance. Relationship of
advertised and bid prices to stumpage prices in comparable sales may
also be considered.
Character of the Operation, Marketing (Market) Conditions,
Technological Developments (Other Factors). Any attempt to define these
items in a few words will be self-defeating over the 25-year period that
one of these contracts will be in force. We therefore recommend that
their meaning be explained in narrative form, as in the memorandum
"Adjustment of stumpage ratios - Taholah Unit contract (Aloha Lumber
Company, purchaser) and Crane Creek Unit contract (Rayonier, Inc.,
purchaser), Quinault Reservation," by George S. Kephart, dated 610925.
Significant changes, sufficient magnitude. We recommend that these
definitions be eliminated, because they are merely abstracted from
dictionaries without relating them, by any test, to these contracts.
The proposed definitions would still leave it up to the individual to
decide what changes he considers important or momentous, and what
magnitude is sufficiently great. In other words, these are almost
completely matters of judgment. As such they become administrative
decisions.
Recommendation
It is recommended that the proposed criteria be redrafted following a
conference of representatives of the Assistant Secretary's Office, the
Solicitor's Office, and this Bureau. The conference should include full
consideration of the divergent views that have been expressed in various
memoranda directly related to the subject.
George S. Kephart George S. Kephart Chief, Branch of Forestry
cc:
Bureau Surname Solicitor File 4595-57 Forestry Chrony Mailroom Chrony
Holdup GSKephart:ash 620102
HEL-012-0868-0872
HEL-012-0867-0872
COMM BIA
620322
CORRESPONDENCE
BARNES DR DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
CR. 10785-56-322
2011-44-322
2112-54-322
DEPARTMENT OF THE INTERIOR Office of the Solicitor
Date 620322
Commissioner of Indian Affairs
Referred to: Attention: Branch of Realty
From: Assistant Solicitor, Appeals and Litigation
For: Information and retention
Remarks: Letter dated 000319 from DJ enclosing five copies of the
Government's brief in opposition filed in case entitled State of
Washington v. United States, S. Ct. No. 685
cc: Reg. Sol., Portland
Dinard R. Barnes
(Signature)
HEL-012-0873-0874
HEL-012-0873-0885
COMM BIA BR OF REALTY
620319
CORRESPONDENCE
CLARK, R LAND DIV MARQUIS, R P APPELLATE SECTION
620319
RPM:CSS 90-2-1-2258
Frank J. Barry, Esquire Solicitor Department of the Interior
Washington, D. C.
Dear Mr. Barry:
Re: State of Washington v. United States, S. Ct. No. 685.
There are enclosed for your use and information five copies of the
Government's brief in opposition filed in the above entitled case. You
will be advised of further developments.
Sincerely,
RAMSEY CLARK Assistant Attorney General Lands Division
By:
Roger P. Marquis Chief, Appellate Section
Encls:
No. 685
In the Supreme Court of the United States
611000 Term
STATE OF WASHINGTON, PETITIONER
v.
UNITED STATES OF AMERICA
ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
BRIEF FOR THE UNITED STATES IN OPPOSITION
ARCHIBALD COX, Solicitor General
ROGER P. MARQUIS, Illegible
Illegible
In the Supreme Court of the United States
611000 TERM
No. 685
STATE OF WASHINGTON, PETITIONER
v.
UNITED STATES OF AMERICA
ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
BRIEF FOR THE UNITED STATES IN OPPOSITION
OPINIONS BELOW
The opinion of the district court on the first trial (R. 17-24; Pet.
App. A, 21-31) is reported sub nom. United States v. Gas and Oil
Development Co., 126 F. Supp. 840. The opinion of the court of appeals
on the first appeal (Pet. App. B, 31-44) is reported at 233 F. 2d 811.
On remand, the district court wrote no opinion; its findings of fact
and conclusions of law are set out at R. 48-51. The opinion of the
court of appeals on the second appeal (R. 127-132; Pet. App. C, 45-53)
is reported at 294 F. 2d 830.
JURISDICTION
The judgment of the court of appeals was entered on 610901. On
611122, Mr. Justice Douglas extended the time for filing a petition for
a writ of certiorari to and including 620129. The petition for a writ
of certiorari was filed on 620125. The jurisdiction of this Court is
invoked under 28 U.S.C. 1254(1).
QUESTIONS PRESENTED
1. Whether federal or state law determines the boundary between
tideland owned by the State of Washington and littoral upland which was
owned by the United States or its grantee at the time of admission of
the State to the Union when there has been accretion to the shore.
2. Whether, regardless of whether federal or state law governs the
ownership of the accretion, the "ordinary high-water line" dividing
tideland from littoral upland is a line marked on the ground by the
action of the water, or is a line at the average elevation of high tide
over one complete tidal cycle of 18.6 years.
STATEMENT
The facts are undisputed. The United States owns two lots on the
shore of the Pacific Ocean in Washington. In 000000 Samson Johns, an
Indian homesteader, was given a fee simple patent for the two lots. In
160000, the fee patent was voided as contrary to law and a trust patent
was issued in its place. The United States now holds the lots in trust
under the 160000 patent for the heirs of Samson Johns. At all times
until patented to Samson Johns, the lots were part of the public domain
of the United States (R. 48-50). Since 580000, the ordinary high-water
mark in front of the lots has moved gradually seaward due to
imperceptible accretion (R. 50). The United States brought this action,
as trustee for the heirs of Samson Johns, in the District Court for the
Western District of Washington to quiet title to the strip of land
formed oceanward from the original lots by accretion since 891111, the
date the State of Washington was admitted to the Union (R. 3-10).
The State asserted that state law was controlling and that under
Washington law the "high-water line" dividing tidelands from littoral
lands was the line, as of 891111, that the water had impressed on the
soil by covering it for sufficient periods to deprive it of vegetation
and destroy its value for agricultural purposes. The United States, on
the other hand, claimed that federal law was controlling when the
littoral owner at the time the State entered the Union was the United
States or its grantee; that the tidelands acquired by the State upon
its entry into the Union were bounded by the ordinary high-water line as
it might be modified from time to time by gradual accretion, erosion, or
reliction; and that the ordinary high-water line in such case meant the
line where the average elevation of high tide over a complete tidal
cycle of 18.6 years met the shore at the particular time.
The district court held in favor of the State on the ground that the
United States had conveyed away the title to the two lots by the fee
title patent issued to Samson Johns in 000000 and therefore had no
capacity to sue (Pet. App. A, 27-28). In dictum, the district court
stated that title to the alluvion which had formed in front of the lots
should be determined by Washington law, and that, under Washington law,
all accretions formed since admission of the State to the Union belong
to the State (Pet. App. A, 29-30). The court of appeals reversed,
holding that the 000000 patent did not convey away the fee title of the
United States and that therefore the United States could properly bring
the action (Pet. App. B, 37-43).
On retrial, the district court again found that title to the alluvion
should be determined by state law, and that under the law of Washington
the State's tidelands were bounded by the "line of vegetation" highwater
line as it existed on 891111. It quieted title in the United States to
alluvion landward of that 890000 line, and quieted title in the State to
all alluvion seaward of that line (R. 48-53). On appeal by the United
States, the Court of Appeals for the Ninth Circuit reversed. It held
that federal law was controlling, and that under federal law the State's
tidelands are bounded by the line where the mean hightide elevation, as
averaged over a complete tidal cycle of 18.6 years, meets the shore as
the shore exists at any particular time (Pet. App. C., 47-53).
ARGUMENT
The United States believes that the decision of the Court of Appeals
for the Ninth Circuit, which covers the entire Pacific Coast, Alaska and
Hawaii, is so manifestly correct that no further review is appropriate.
We recognize, however, that the case presents an important question
concerning the constitutional relationship between the United States and
the States, on which an authoritative statement by this Court might be
thought desirable.
1. The title of the State of Washington to its tidelands (the lands
between the lines of ordinary high tide and ordinary low tide) is based
on its constitutional right to stand on an equal footing with the
original States. Its rights in this respect can neither be less than
theirs, Pollard v. Hagan, 3 How. 212, nor greater, United States v.
Texas, 339 U.S. 707. The right of the States to their tidelands derives
from the fact that at common law the tidelands belonged to the
sovereign, and under the federal Constitution this attribute of
sovereignty is held to appertain to state rather than national
sovereignty. This common law right of the sovereign, as it is the
source, must be likewise the measure of the States' title under the
Constitution.
The well-settled common law rule is that the sovereign's ownership of
the tideland extends on the landward side to the ordinary high-water
line, and that this is an ambulatory rather than a fixed boundary. When
there is gradual accretion to the shore, so that the high-water line
moves farther seaward, the alluvion belongs to the littoral owner, not
to the sovereign as owner of the tidelands. The King v. Lord
Yarborough, 2 Bligh N.S. 147, 4 Eng. Rep. 1087 (H.L. 280000); Jones v.
Johnston, 18 How. 150, 156. The boundary of the littoral upland
retained by the United States on the admission of Washington to the
Union was this common law, ambulatory high-water line boundary; the
State of Washington cannot re-define the federal title to substitute a
fixed boundary for the ambulatory one.
This Court in Borax, Ltd. v. Los Angeles, 296 U.S. 10, 22,
specifically stated that "(t)he question as to # # # the boundary
between the upland and the tideland, is necessarily a federal question,"
and that consequently any state definition of "high-water line"
differing from the federal definition was immaterial. While accertion
was not directly involved, the principle that the State cannot alter the
federal definition of the boundary line is as applicable to accretion as
to the meaning of "ordinary high water" there under consideration.
Decisions of this Court, urged by the present petitioner as having
reached a contrary result (Pet. 12), either concerned private titles
created before the United States acquired sovereignty over the area (Joy
v. St. Louis, 201 U.S. 332), or concerned artificial fill or sudden
deposition of earth (Barney v. Keokuk, 94 U.S. 324; St. Louis v. Rutz,
138 U.S. 226). In the former type of case, the nature of the title
depended on the law of the prior sovereign, and was obviously not a
question of federal law. In the latter type, the Court held that since
title to the filled or suddenly emerging land did not belong to the
littoral owner at common law, federal law likewise left title in the
State unless the State voluntarily chose to relinquish it. As to
whether the State had relinquished such land, State law was plaintly
determnative. The Court, however, indicated in both those cases that a
different result would have been reached if imperceptible accretion had
been involved. 94 U.S. at 331; 138 U.S. at 245. Neither type of case
is relevant here, however, where federal law created
These decisions are discussed and distinguished by the court of
appeals (see Pet. 49-50). Pollard v. Hagan, 3 How. 212, also relied on
by petitioner (Pet. 12), held only that the United States had no title
as sovereign to the beds of inland waters within the States. No
question as between owners of upland and tideland was before the Court.
the boundary between tideland and upland, and where the change in the
boundary resulted from imperceptible accretio.
While we thus believe our position to be fully supported by reason
and authority, we nevertheless recognize that this Court has not ruled
on the precise point now raised by the State of Washington concerning
whether federal or state law is controlling as to ownership of alluvion
and that the question is of great importance. An enormous amount of
land fronting on navigable water, in all the States except the original
thirteen, Texas, and perhaps Hawaii, was owned by the United States or
its grantees at the time of statehood, and is therefore governed by the
holding of the court below. Since most States follow the common-law
rule which was applied below, the issue has not arisen in the past and
will probably not arise frequently in the future. However, Louisiana
applies a different rule and therefore the issue will recur, at least in
that state. In fact, the United States has recently filed a similar
case raising the issue which involves large amounts of money. United
States v. State of Louisiana and Humble Oil & Refining Co., Civ. No.
8607, W.D. La. In these circumstances, the Court may consider it
appropriate to grant the writ as to this issue.
2. Petitioner also argues (Pet. 14) that, whether federal or state
law governs the ownership of the accretions, the proper definition of
"ordinary high-water line" is, under Washington law, the line marked on
the ground by the action of the water(2). However, state law is clearly
not applicable as to this question. In Borax, Ltd. v. Los Angeles,
supra, where, as here, the United States owned the littoral land on the
date of statehood, this Court held that the definition of the ordinary
high-water line must be determined by federal law. The Court adopted
the same definition as was followed by the court below in the present
case; i.e., the 18.6 year average elevation of all high tides. 296
U.S. at 22-27. So far as defining the ordinary high-water line is
concerned, the present case is indistinguishable from Borax, and we see
no occasion for the Court to re-examine that question.
2 This would mean if federal law governs the ownership of the
accretions that the boundary between federal and state land would be the
line marked on the ground at any particular time by the action of the
water, instead of, as the United States contends, the line of the
average elevation of high tide on hte shore at the particular time. On
the other hand, if state law governs the ownership of the accretions,
petitioner's argument as to the definition of the ordinary high-water
line would mean that the 1889 mark on the ground, rather than the mean
high tide level on the ground in 1889, would be the boundary between
federal and state ownership.
CONCLUSION
For the foregoing reasons, we respectfully submit that the petition
for a writ of certiorari should be denied. If, however, the Court
believes that an authoritative decision on the question whether state or
federal law determines the ownership of accretions is appropriate, we
believe that the grant of certiorari should be limited to this, the
first, question.
Respectfully submitted, ARCHIBALD COX, Solicitor General. ROGER P.
MARQUIS, GEORGE S. SWARTH, Attorneys.
620200.
HEL-012-0875-0885
HEL-012-0873-0885
BARRY, F J DOI
611113
CORRESPONDENCE
US DOI BIA
Form 5-388
570900
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
INTER-OFFICE TRANSMITTAL INSTRUCTIONS.--For use as transmittal.
Attach securely to material and mail through regular channels.
FOR ATTENTION OF Portland, Oregon
FROM: Acq. & Disp Branch of Realty
File Reference 9843-61
Dated 611311
SUBJECT 10875 32-322
For your information.
HEL-012-0886-0886
HEL-012-0886-0886
US DOI BIA PORTLAND
610925
CORRESPONDENCE
BARNES, D R DOI APPEALS
DEPARTMENT OF THE INTERIOR Office of the Solicitor
Date 610925
Referred to: Regional Solicitor, Portland
From: Assistant Solicitor, Appeals and Litigation
For: Information and retention
Remarks: Copy of letter and enclosure (opinion) from Department of
Justice to Solicitor, dated 610921, in case of U.S. v. State of
Washington, C. A. 9, No. 17006.
Copy to: Comm'r, Attn: Branch of Realty
Donald R. Barnes Assistant Solicitor, Appeals and Litigation
HEL-012-0887-0887
HEL-012-0887-0894
REGIONAL SOLICITOR DOI PORTLAND
610921
CORRESPONDENCE
CLARK, R US DEPT OF JUSTICE HILL, S B US DEPT OF JUSTICE
RECEIVED
610926
UNITED STATES DEPARTMENT OF JUSTICE Washington, D. C.
610921 SHB:GSS 90-2-1-2258
Frank J. Barry, Esquire General Counsel Department of the Interior
Washington 25, D. C.
Dear Mr. Barry:
Re: United States v. State of Washington, C. A. 9 No. 17006
There are enclosed for your use and information five copies of the
opinion in the above entitled case.
Sincerely,
RAMSEY CLARK Assistant Attorney general Lands Division
By: (Sgd.) S. Billingsley Hill Acting Chief, Appellate Section
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 17,006
610901
UNITED STATES OF AMERICA, Apellant,
vs.
STATE OF WASHINGTON, Appellee
Appeal from the United States District Court for the Western District
of Washington Southern Division
GEORGE S. SWARTH, Attorney, Department of Justice (with him on the
brief were former Assistant Attorney General Perry W. Morton; United
States Attorney Charles P. Moriarty; and Roger P. Marquis, Attorney,
Department of Justice), for appellant.
H. T. HARTINGER, Assistant Attorney General, State of Washington
(with him on the brief were Attorney General John J. O'Connell and
Special Assistant Attorney General E. P. Donnelly), for appellee.
Before: CHAMBERS, ORR and HAMLEY, Circuit Judges
HAMLEY, Circuit Judge:
The United States brought this action against the State of Washington
and others to quiet its title, subject to the rights of the heirs of
Samson Johns, to accretions adjacent to ocean uplands owned by
plaintiff. Judgment was entered quieting title in the United States,
subject to the rights of the heirs of Samson Johns, to all accretions
formed prior to 891111, when Washington became a state, and in the State
to all accretions formed since that date. The dividing line between
such accretions was held to be the line of ordinary high tide, defined
as that line which the water had impressed on the soil as of 891111, by
covering it for sufficient periods to deprive the soil of vegetation and
destroy its value for agricultural purposes. The Government appeals. 1
1/ Jurisdictional aspects of this litigation were dealt with in
United States v. Gas & Oil Development Co., 126 F.Supp. 840, reversed
sub nom. United States v. State of Washington, 9 Cir., 233 F.2d 811.
The material facts are not in dispute. Lots 3 and 4 of section 15 in
Township 18 north or range 12 west of the Willamette Meridian, adjacent
to the Pacific Ocean in Grays Harbor County, Washington, belong to the
United States, subject to a trust patent issued in 160000 to Samson
Johns, a Quinault Indian, now deceased. As now extended, the trust
period will expire in 660000. Samson Johns died in 300000, and his
heirs have continued to reside on the property.
The lots were at all times part of the public domain until patented
to Samson Johns. In 580000 they were surveyed by the General Land
Office, which established a meander line along and adjacent to the
Pacific Ocean. Since 580000 the ordinary high-water mark in front of
the lots has moved gradually seaward due to imperceptible accretion. On
891111, Washington was admitted to the Union as a state.
In holding that under the circumstances of this case the boundary
between government-owned uplands and state-owned tidelands is the
ordinary high-water mark as it was when Washington was admitted to the
Union, the district court applied what it understood to be the local
rule of property established in the state of Washington.2/ The
Government contends that federal law instead of state law should have
been applied, and that under federal law the title to the accertions
must be held to be in the United States, subject to the Samson Johns
trust patent.
In urging that federal law controls, the Government relies primarily
upon the holding in Borax Consolidated, Ltd. v. Los Angeles, 296 U.S.
10. In that case, Borax Consolidated, claiming as upland owner under a
federal patent, brought an action to quiet title to land alleged to be
tideland situated in the inner bay of Los Angeles Harbor. It was
apparently agreed that the company's land extended to the high-water
mark, but there was controversy as to how this mark was to be
determined. Declining to be bound in its determination by the
definition of the term "ordinary high water mark" under California law,
the court said:
2/ The district court's opinion on the first trial dealt with this
question by way of dictum solely by reference to state statues and state
decisions, the court stating its prediction as to how the Washington
Supreme Court would answer the question if confronted with it. United
States v. Gas & Oil Development Co., supra, 126 F.Supp. at 844-45. The
district court reached the same conclusion on the second trial without
writing a further opinion.
"The question as to the extent of this federal grant, that is, as to
the limit of the land conveyed, or the boundary between the upland and
the tideland, is necessarily a federal question. It is a question which
concerns the validity and effect of an act done by the United States;
it involves the ascertainment of the essential basis of a right asserted
under federal law. Packer v. Bird, 137 U.S. 661, 669, 670;
Brewer-Elliott oil Co. v. United States, 260 U.S. 77, 87; United States
v. Holt Bank, 270 U.S. 49, 55, 56; United States v. Utah, 283 U.S. 64,
75. Rights and interests in the tideland, which is subject to the
sovereignty of the State, are matters of local law. Barney v. Keokuk,
94 U.S. 324, 338; Shively v. Bowlby, supra, (152 U.S. 1), p. 40;
Hardin v. Jordan, 140 U.S. 371, 382; Port of Seattle v. Oregon &
Washington R. Co., 255 U.S. 56, 63." 296 U.S. at 22.
No question of accretions was involved in Borax, the problem being
the ascertainment of the boundary between the upland and tideland as it
existed at the time the company received its patent. But the principle
there announced is equally applicable where the problem is one of
determining whether imperceptible accretions go with the upland. If the
upland owner is entitled to the imperceptible accretions it is because
this is an attribute of title reserved to or obtained by grant from the
Government. Thus the determination of the attributes of an underlying
federal title, quite as much as the determination of the boundaries of
the land reserved or acquired under such a title, "involves the
ascertainment of the essential basis of a right asserted under federal
law."
Appellee cites a number of decisions which in its opinion call for
the conclusion that state law governs under the circumstances of this
case. One of these is Barney v. Keokuk, 94 U.S. 324, 337-38, in which
the question concerned the ownership of land created by an artificial
fill in the bed of a navigable river. The court applied federal law to
the extent of determining that, no accretions being involved, the
tidelands belonged to the state in its sovereign capacity and it was
free if it chose but was not required to relinquish any part thereof to
the upland owner. 3/ The same result was reached in 3/ Indicating that
state law controls on the question as to who may benefit from sudden
accretions but not as to who may benefit from imperceptible accretions,
the court said:
"It is generally conceded that the riparian title attaches to
subsequent accretions to the land effected by the gradual and
imperceptible operation of natural causes. But whether it attaches to
land reclaimed by artificial means from the bed of the river, or to
sudden accretions produced by unusual floods, is a question which each
State decides for itself." 94 U.S. at 337.
St. Louis v. Rutz, 138 U.S. 226, also cited by appellee. In neither
of these cases was imperceptible accretion involved; in both the court
indicated that had it been involved a different result would have been
reached.
Joy v. St. Louis 201 U.S. 332, relied upon by appellee, did not
involved lands in which the United States or its grantee held or claimed
title. It involved riparian lands, the title to which was based on a
Spanish concession and confirmatory acts of Congress. The circuit court
held it was undisputed that the federal statutes merely confirmed
whatever title Spain had given; thus the extent of the title was not a
federal question and the case was dismissed for lack of jurisdiction.
Joy v. City of St. Louis, 122 Fed. 524. The Supreme Court affirmed,
stating that under these circumstances the plaintiff's right to the
accretions was a question of local law. 201 U.S. at 342.
Ker and Company v. Conden, 223 U.S. 268, and Zeller v. Southern Yacht
Club, 34 La. Ann. 837, cited by appellee, did not involve lands the
title to which was held by or derived from the United States. The Ker
case arose in the Philippine Islands and involved accretions which under
Spanish law became a part of the public domain of Spain. The United
States, as successor to Spain, was held under Spanish law to have title
to the accretions and the claim of the riparian owner, who did not
derive title from the United States, was on that ground rejected. The
Zeller case involved accretions to the uplands bordering Lake
Ponchatrain in Louisiana. The controversy was between private parties
and the opinion does not indicate that the Government had ever held
title to either the uplands or shorelands.
Appellee has cited Western Pac. Ry. Co. v. Southern Pac. Co., 9 Cir.,
151 Fed. 376, in which the company, holding by mesne conveyances from
the state a strip of land between the high and low tide lines in San
Francisco Bay, claimed by right of accretion a subsequently filled area
extending farther seaward. The court rejected the claim. No riparian
title held by or derived from the United States was involved and there
was accordingly no occasion to invoke federal law.
Port of Seattle v. Oregon & Washington R. Co., 255 U.S. 56; Mann v.
Tacoma Land Co., 153 U.S. 273; and Shively v. Bowlby, 152 U.S. 1, all
cited by appellee, involved the rights of riparian or littoral owners in
and to tidelands. Since title to tidelands is in the state, the rights
of riparian or littoral owners therein were properly held to present a
question of local law. The right of an upland owner as an attribute of
his title to imperceptible accretions along the shoreline was not
involved.
4. In Shively the court indicated that if the question involved
title to gradual accretions, the general common-law rule, which is the
federal rule, would have governed. 152 U.S. at 35.
During oral argument appellee called our attention to Water Power Co.
v. Water Comm'r, 168 U.S. 349. The controversy there was as to the
right of riparian owners to the use of the waters flowing by their
property. No question of accretions was involved. State law was
properly held to govern.
None of the cases relied on by the State detract from the principle
announced in Borax Consolidated, Ltd. v. Los Angeles, 296 U.S. 10, which
in our opinion requires that the question of whether imperceptible
accretions go with the upland be determined in accordance with federal
law when title to the uplands is in or derived from the federal
government.
It is not here disputed that if, as we have held, federal law governs
the question of title of the accretions, the determination must be in
favor of the uplands held by the United States, subject to the rights of
the heirs of Samson Johns.
The common law is the source of the tideland title which the United
States held and which passed to the State of Washington when it was
admitted to the Union. Federal law follows the common law in
determining the measure of the title to lands retained by the United
States. The Supreme Court has implicitly so recognized. 5/ At common
law the person whose land is bounded by sea, lake or river owns any
additions thereto resulting from imperceptible accretion. 6/
In the case of tidal waters such as are involved here, the high-water
mark means the line of high water as determined by the course of the
tides, not as determined by physical markings made upon the ground by
the water. The latter method of making this determination, which was
followed by the district court, is appropriate only in the case of
streams and other nontidal waters which have no absolute ascertainable
level because of variations of flow from a multitude of causes.
5/ See Borax Consolidated, Ltd. v. Log Angeles, supra, 296 U.S. at
22-23; Jefferis v. East Omaha Land Co., 134 U.S. 178, 194-97; Barney
v. Keokuk, 94 U.S. 324; County of St. Clair v. Lovingston, 90 U.S. (23
Wall.) 46, 68-69.
6/ Shively v. Bowlby, supra n. 5, 152 U.S. at 35; Jefferis v. East
Omaha Land Co., supra, 134 U.S. at 189; Barney v. Keokuk, supra, 94
U.S. at 337; County of St. Clair v. Lovington, supra, 90 U.S. (23
Wall.) at 68; Jones v. Johnston, 59 U.s. (18 How.) 150, 156; New
Orleans v. United States, 35 U.S. (10 Pet.) 662, 717.
As was testified to for the Government by the supervisor of the
Northwest District of the United States Coast and Geodetic Survey, the
definition of mean high tide is the average elevation of all high tides
as observed at a location through a complete tidal cycle of 18.6 years.
Borax Consolidated, Ltd. v. Los Angeles, supra, 296 U.S. at 26-27.
This is an unchanging elevation, and the line of mean high tides is
where that unchanging elevation meets the shore as it exists at any
particular time.
The judgment is reversed.
CHAMBERS, Circuit Judge, concurring:
As the district court thought, I think the question of the line of
the title ought to be decided by state law. But as I read Borax
Consolidated, Ltd. v. Los Angeles, 296 U.S. 10, I think the road sign
points to the line being treated as a federal question. So I concur.
(Endorsed) Opinion and Concurring Opinion Filed 610901.
Frank H. Schmid, Clerk.
HEL-012-0888-0894
HEL-012-0887-0894
BARRY, F J DOI
610925
CORRESPONDENCE
BARNES, D R DOI APPEALS
RECEIVED
610926
DEPARTMENT OF THE INTERIOR Office of the Solicitor
Date 610925
Referred to: Regional Solicitor, Portland
From: Assistant Solicitor, Appeals and Litigation
For: Information and retention
Remarks: Copy of letter and enclosure (opinion) from Department of
Justice to Solicitor, dated 610921, in case of U. S. v. State of
Washington, C. A. 9, No. 17006.
Russel R. Barnes Assistant Solicitor, Appeals and Litigation
Copy to: Comm'r, Att'n: Branch of Realty
HEL-012-0895-0895
HEL-012-0895-0902
REGIONAL SOLICITOR DOI PORTLAND
610921
CORRESPONDENCE
CLARK, R US DEPT OF JUSTICE HILL, S B US DEPT OF JUSTICE
RECEIVED
610926
UNITED STATES DEPARTMENT OF JUSTICE Washington, D. C.
610921
SHB:GSS
90-2-1-2258
Frank J. Barry, Esquire General Counsel Department of the Interior
Washington 25, D. C.
Dear Mr. Barry:
Re: United States v. State of Washington, C. A. 9 No. 17006
There are enclosed for your use and information five copies of the
opinion in the above entitled case.
Sincerely,
RAMSEY CLARK Assistant Attorney General Lands Division
By: (Sgd.)
S. Billingsley Hill Acting Chief, Appellate Section
Encls:
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 17,006
610901
UNITED STATES OF AMERICA, Appellant,
vs.
STATE OF WASHINGTON, Appellee
Appeal from the United States District Court for the Western District
of Washington Southern Division
GEORGE S. SWARTH, Attorney, Department of Justice (with him on the
brief were former Assistant Attorney General Perry W. Morton; United
States Attorney Charles P. Moriarty; and Roger P. Marquis, Attorney,
Department of Justice), for appellant.
H. T. HARTINGER, Assistant Attorney General, State of Washington
(with him on the brief were Attorney General John J. O'Connell and
Special Assistant Attorney General E. P. Donnelly), for appellee.
Before: CHAMBERS, ORR and HAMLEY, Circuit Judges HAMLEY, Circuit
Judge:
The United States brought this action against the State of Washington
and others to quiet its title, subject to the rights of the heirs of
Samson Johns, to accretions adjacent to ocean uplands owned by
plaintiff. Judgment was entered quieting title in the United States,
subject to the rights of the heirs of Samson Johns, to all accretions
formed prior to 891111, when Washington became a state, and in the State
to all accretions formed since that date. The dividing line between
such accretions was held to be the line of ordinary high tide, defined
as that line which the water had impressed on the soil as of 891111, by
covering it for sufficient periods to deprive the soil of vegetation and
destroy its value for agricultural purposes. The Government appeals. 1/
1/ Jurisdictional aspects of this litigation were dealt with in
United States v. Gas & Oil Development Co., 126 F. Supp. 840, reversed
sub nom. United States v. State of Washington, 9 Cir., 233 F.2d 811.
The material facts are not in dispute. Lots 3 and 4 of section 15 in
Township 18 north or range 12 west of the Willamette Meridian, adjacent
to the Pacific Ocean in Grays Harbor County, Washington, belong to the
United States, subject to a trust patent issued in 160000 to Samson
Johns, a Quinault Indian, now deceased. As now extended, the trust
period will expire in 660000. Samson Johns died in 300000, and his
heirs have continued to reside on the property.
The lots were at all times part of the public domain until patented
to Samson Johns. In 1858 they were surveyed by the General Land Office,
which established a meander line along and adjacent to the Pacific
Ocean. Since 1858 the ordinary high-water mark in front of the lots has
moved gradually seaward due to imperceptible accretion. On 891111,
Washington was admitted to the Union as a state.
In holding that under the circumstances of this case the boundary
between government-owned uplands and state-owned tidelands is the
ordinary high-water mark as it was when Washington was admitted to the
Union, the district court applied what it understood to be the local
rule of property established in the state of Washington.2/ The
Government contends that federal law instead of state law should have
been applied, and that under federal law the title to the accretions
must be held to be in the United States, subject to the Samson Johns
trust patent.
In urging that federal law controls, the Government relies primarily
upon the holding in Borax Consolidated, Ltd. v. Los Angeles, 296 U.S.
10. In that case, Borax Consolidated, claiming as upland owner under a
federal patent, brought an action to quiet title to land alleged to be
tideland situated in the inner bay of Los Angeles Harbor. It was
apparently agreed that the company's land extended to the high-water
mark, but there was controversy as to how this mark was to be
determined. Declining to be bound in its determination by the
definition of the term "ordinary high water mark" under California law,
the court said:
2/ The district court's opinion on the first trial dealt with this
question by way of dictum solely by reference to state statutes and
state decisions, the court stating its prediction as to how the
Washington Supreme Court would answer the question if confronted with
it. United States v. Gas & Oil Development Co., supra, 126 F.Supp. at
844-45. The district court reached the same conclusion on the second
trial without writing a further opinion.
"The question as to the extent of this federal grant, that is, as to
the limit of the land conveyed, or the boundary between the upland and
the tideland, is necessarily a federal question. It is a question which
concerns the validity and effect of an act done by the United States;
it involves the ascertainment of the essential basis of a right asserted
under federal law. Packer v. Bird, 137 U.S. 661, 669, 670;
Brewer-Elliott Oil Co. v. United States, 260 U.S. 77, 87; United States
v. Holt Bank, 270 U.S. 49, 55, 56; United States v. Utah, 283 U.S. 64,
75. Rights and interests in the tideland, which is subject to the
sovereignty of the State, are matters of local law. Barney v. Keokuk,
94 U.S. 324, 338; Shively v. Bowlby, supra, (152 U.S. 1), p. 40;
Hardin v. Jordan, 140 U.S. 371, 382; Port of Seattle v. Oregon &
Washington R. Co., 255 U.S. 56, 63." 296 U.S. at 22.
No question of accretions was involved in Borax, the problem being
the ascertainment of the boundary between the upland and tideland as it
existed at the time the company received its patent. But the principle
there announced is equally applicable where the problem is one of
determining whether imperceptible accretions go with the upland. If the
upland owner is entitled to the imperceptible accretions it is because
this is an attribute of title reserved to or obtained by grant from the
Government. Thus the determination of the attributes of an underlying
federal title, quite as much as the determination of the boundaries of
the land reserved or acquired under such a title, "involves the
ascertainment of the essential basis of a right asserted under federal
law."
Appellee cites a number of decisions which in its opinion call for
the conclusion that state law governs under the circumstances of this
case. One of these is Barney v. Keokuk, 94 U.S. 324, 337-38, in which
the question concerned the ownership of land created by an artificial
fill in the bed of a navigable river. The court applied federal law to
the extent of determining that, no accretions being involved, the
tidelands belonged to the state in its sovereign capacity and it was
free if it chose but was not required to relinquish any part thereof to
the upland owner. 3/ The same result was reached in
3/ Indicating that state law controls on the question as to who may
benefit from sudden accretions but not as to who may benefit from
imperceptible accretions, the court said:
"It is generally conceded that the riparian title attaches to
subsequent accretions to the land effected by the gradual and
imperceptible operation of natural causes. But whether it attaches to
land reclaimed by artificial means from the bed of the river, or to
sudden accretions produced by unusual floods, is a question which each
State decides for itself." 94 U.S. at 337.
St. Louis v. Rutz, 138 U.S. 226, also cited by appellee. In neither
of these cases was imperceptible accretion involved; in both the court
indicated that had it been involved a different result would have been
reached.
Joy v. St. Louis, 201 U.S. 332, relied upon by appellee, did not
involve lands in which the United States or its grantee held or claimed
title. It involved riparian lands, the title to which was based on a
Spanish concession and confirmatory acts of Congress. The circuit court
held it was undisputed that the federal statutes merely confirmed
whatever title Spain had given; thus the extent of the title was not a
federal question and the case was dismissed for lack of jurisdiction.
Joy v. City of St. Louis, 122 Fed. 524. The Supreme Court affirmed,
stating that under these circumstances the plaintiff's right to the
accretions was a question of local law. 201 U.S. at 342.
Ker and Company v. Conden, 223 U.S. 268, and Zeller v. Southern Yacht
Club, 34 La. Ann. 837, cited by appellee, did not involve lands the
title to which was held by or derived from the United States. The Ker
case arose in the Philippine Islands and involved accretions which under
Spanish law became a part of the public domain of Spain. The United
States, as successor to Spain, was held under Spanish law to have title
to the accretions and the claim of the riparian owner, who did not
derive title from the United States, was on that ground rejected. The
Zeller case involved accretions to the uplands bordering Lake
Ponchatrain in Louisiana. The controversy was between private parties
and the opinion does not indicate that the Government had ever held
title to either the uplands or shorelands.
Appellee has cited Western Pac. Ry. Co. v. Southern Pac. Co., 9 Cir.,
151 Fed. 376, in which the company, holding by mesne conveyances from
the state a strip of land between the high and low tide lines in San
Francisco Bay, claimed by right of accretion a subsequently filled area
extending farther seaward. The court rejected the claim. No riparian
title held by or derived from the United States was involved and there
was accordingly no occasion to invoke federal law.
Port of Seattle v. Oregon & Washington R. Co., 255 U.S. 56; Mann v.
Tacoma Land Co., 153 U.S. 273; and Shively v. Bowlby, 152 U.S. 1, all
cited by appellee, involved the rights of riparian or littoral owners in
and to tidelands. Since title to tidelands is in the state, the rights
of riparian or littoral owners therein were properly held to present a
question of local law. The right of an upland owner as an attribute of
his title to imperceptible accretions along the shoreline was not
involved. 4
4) In Shively the court indicated that if the question involved title
to gradual accretions, the general common-law rule, which is the federal
rule, would have governed. 152 U.S. at 35.
During oral argument appellee called our attention to Water Power Co.
v. Water Comm'r, 168 U.S. 349. The controversy there was as to the
right of riparian owners to the use of the waters flowing by their
property. No question of accretions was involved. State law was
properly held to govern.
None of the cases relied on by the State detract from the principle
announced in Borax Consolidated, Ltd. v. Los Angeles, 296 U.S. 10, which
in our opinion requires that the question of whether imperceptible
accretions go with the upland be determined in accordance with federal
law when title to the uplands is in or derived from the federal
government.
It is not here disputed that if, as we have held, federal law governs
the question of title to the accretions, the determination must be in
favor of the uplands held by the United States, subject to the rights of
the heirs of Samson Johns.
The common law is the source of the tideland title which the United
States held and which passed to the State of Washington when it was
admitted to the Union. Federal law follows the common law in
determining the measure of the title to lands retained by the United
States. The Supreme Court has implicitly so recognized. 5) At common
law the person whose land is bounded by sea, lake or river owns any
additions thereto resulting from imperceptible accretion. 6)
In the case of tidal waters such as are involved here, the high-water
mark means the line of high water as determined by the course of the
tides, not as determined by physical markings made upon the ground by
the water. The latter method of making this determination, which was
followed by the district court, is appropriate only in the case of
streams and other nontidal waters which have no absolute ascertainable
level because of variations of flow from a multitude of causes.
5) See Borax Consolidated, Ltd. v. Los Angeles, supra, 296 U.S. at
22-23; Jefferis v. East Omaha Land Co., 134 U.S. 178, 194-97; Barney
v. Keokuk, 94 U.S. 324; Country of St. Clair v. Lovingston, 90 U.S. (23
Wall.) 46, 68-69.
6) Shively v. Bowlby, supra n. 5, 152 U.S. at 35; Jefferis v. East
Omaha Land Co., supra, 134 U.S. at 189; Barney v. Keokuk, supra, 94
U.S. at 337; County of St. Clair v. Lovingston, supra, 90 U.S. (23
Wall.) at 68; Jones v. Johnston, 59 U.S. (18 How.) 150, 156; New
Orleans v. United States, 35 U.S. (10 Pet.) 662, 717.
As was testified to for the Government by the supervisor of the
Northwest District of the United States Coast and Geodetic Survey, the
definition of mean high tide is the average elevation of all high tides
as observed at a location through a complete tidal cycle of 18.6 years.
Borax Consolidated, Ltd. v. Los Angeles, supra, 296 U.S. at 26-27.
This is an unchanging elevation, and the line of mean high tide is where
that unchanging elevation meets the shore as it exists at any particular
time.
The judgment is reversed.
CHAMBERS, Circuit Judge, concurring:
As the district court thought, I think the question of the line of
the title ought to be decided by state law. But as I read Borax
Consolidated, Ltd. v. Los Angeles, 296 U.S. 10, I think the road sign
points to the line being treated as a federal question. So I concur.
(Endorsed) Opinion and Concurring Opinion Filed 610901.
Frank H. Schmid, Clerk.
HEL-012-0896-0902
HEL-012-0895-0902
BARRY, F J DOI DC
611013
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
611017
Realty
611013
Sunshine Mining Company W. 300 Nission Avenue Spokane 1, Washington
Attention: Mr. Roger E. Armstrong
Gentlemen:
Mr. L. G. Snow, Regional Oil and Gas Supervisor, USGS, has confirmed
that the drilling requirements under your oil and gas lease, Contract
No. 14-20-510-118, on the Quinault Reservation have been satisfied as
outlined in your letter of 610828.
We therefore agree with you and Mr. Snow that approval of the
proposed amendment as applied for by you and executed by the parties
under date of 571219, would now serve no useful purpose for either
lessor or leasee.
Accordingly said proposed amendment remains unapproved and all six
executed copies have been marked "void" and are enclosed herewith for
your disposition.
Sincerely yours,
(Sgd) PERRY E. SKARRA Acting Area Director
Enclosures
cc: Mr. Snow, Regional Oil & Gas Supervisor, USGS Commissioner, w/cy
lessee's letter 610828 &
Mr. Snow's memo 611005 - with copy of voided instrument Supt. w/cy
lessee's letter 610828 & Mr. Snow's memo 611005 (West. Wash.) - with
copy of voided instrument
HEL-012-0903-0903
HEL-012-0903-0913
SUNSHINE MINING CO
611005
CORRESPONDENCE
SNOW, L G DOI GEOLOGICAL SURVE
RECEIVED
611106
UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 1012
Bartlett Building 215 West 7th Street Los Angeles 14, California
611005
Memorandum
To: Acting Area Director, Bureau of Indian Affairs, Portland
From: Oil and Gas Supervisor, West Coast Region
Subject: Proposed amendment to Oil and Gas lease No. 3585, Contract
No. 14-20-510-118
In your memorandum dated 610918 our comments and recommendations were
requested on a proposal by Sunshine Mining to withdraw the subject
amendment.
We agree with Sunshine Mining Company that the drilling requirements
of the lease contract have been satisfied and the amendment would serve
no useful purpose. Drilling of two wells as outlined in paragraph 2 of
Sunshine Mining Company letter dated 610828 has been verified from
records in this office. The total depth of well Oscar No. 1A which has
been abandoned, was 4137 feet.
It is recommended that the amendment be voided or returned unapproved
to Sunshine Mining Company. Attached is a duplicate original of the
proposed amendment which was received in this office 581128.
(ILLEGIBLE) L. G. Snow Regional Oil and Gas Supervisor
Enclosure
HEL-012-0904-0904
HEL-012-0903-0913
ACT AREA DIR BIA PORTLAND
610828
CORRESPONDENCE
ARMSTRONG, R E SUNSHINE MINING CO
Sunshine Mining Company W. 300 MISSION AVE. - PHONE FA 8-3661 SPOKANE
1, WASHINGTON
610828
U.S. Department of Interior Bureau of Indian Affairs P.O. Box 4097
Portland 8, Oregon
Attention: R. D. Holtz, Area Director
Gentlemen:
RE: Oil and Gas Lease No. 1029 Contract No. 14-20-510-118
Reference is made to your letter dated 610616, regarding the proposed
amendment to the oil and gas lease captioned above.
The proposed amendment was executed by Sunshine Mining Company on
571219, and since that date Sunshine has satisfied the Drilling
Agreement as set forth in the rider attached to and made a part of the
original oil and gas lease, your Contract No. 14-20-510-118, by drilling
two (2) wells on Lot 4 of Section 15, Township 18 North, Range 12 West,
Grays Harbor County, Washington, which is a portion of the lease
referred to. The Oscar No. 1 well was spudded on 600814, drilled to a
total depth of 5,280', cased with 3,689' of 7" casing and tested. The
well is presently shut in as a potential gas well. The Oscar No. 1A
hole was lost due to heaving shale and was plugged and abandoned on
601128.
The information set forth above regarding the Oscar wells has been
furnished to Mr. L. G. Snow, Regional Oil and Gas Supervisor for U. S.
G. S. located at 1012 Bartlett Building, 215 West Seventh Street, Los
Angeles 14, California. Mr. Snow was furnished with daily reports as
the wells were being drilled and/or tested.
The Drilling Agreement has been satisfied, annual delay rentals have
been paid for the current period ending 620207, the proposed amendment
is now outdated and the conditions which existed at the time the
amendment was applied for no longer exist. Therefore, approval of the
amendment by your office would serve no useful purpose for the Heirs of
Sampson Johns or Sunshine Mining Company.
Mr. R. D. Holtz 610828 Page - 2
Please return the original instrument and four (4) copies, which we
believe to be in your possession, in order that they may be voided.
Your past cooperation is very much appreciated.
Yours very truly,
Roger E. Armstrong
REA:njs
HEL-012-0905-0913
HEL-012-0903-0913
HOLTZ, R D DOI BIA
610524
CORRESPONDENCE
CROW, J O DOI BIA
Realty-Minerals 11973-60 10785-56
610524
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
Enclosed with your letter 001003 for our consideration was a proposed
amendment to oil and gas lease No. 3585, Contract No. 14-20-510-118
between the heirs of Sampson Johns and the Sunshine Mining Company. The
proposed amendment would modify Section 6-a of the lease, Drilling
Agreement.
It appears that the changes in the proposed amendment are as follows:
1. The time for drilling a well to a depth of 5,000 feet or less if
commercial production is established at a lesser depth is changed from
three years from the effective date of the lease to three years from the
date this amendment is approved by the Area Director.
2. The time for drilling a well if a commercial production well is
completed within one mile of the leased premises is changed from six
months to one hundred and twenty days from the final determination of
the action entitled United States v. State of Washington, Gas and Oil
Development Company, et al, pending in the United States Federal
District Court of Washington, Western Division.
3. The drilling clause may be satisfied by recompletion of an
existing well until commercial production is established and by drilling
if commercial production is not established by recompletion.
4. Surrendering the lease by quit claim deed.
You are authorized to approve the amendment provided that it is
properly executed and that the surrender provisions of Section 5 of the
lease are retained rather than adopting the provision for surrender by
quit claim deed. We suggest that the approval of the amendment be
conditional so that surrender will be under Section 5 of the lease. You
should obtain the consent of the lessee to the conditional approval. We
are returning the proposed amendment.
Sincerely yours, (Sgd) John O. Crow Acting Commissioner
Enclosure
cc: Superintendent, Western Washington Agency FFSokolik:eb 4-6-20-61
r/w req. by Sol Office
HEL-012-0914-0914
HEL-012-0914-0914
HOLTZ, R D DOI BIA PORTLAND
610329
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
610331
Realty
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
610329
Air Mail
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Attn: Branch of Realty
Dear Sir:
We forwarded through this office, with our letter of 601003, a
proposed amendment to oil and gas lease 3585, Contract #14-20-510-118.
Today Mr. Armstrong of the Sunshine Mining Company called asking if
we had heard anything concerning the amendment.
Please advise when approval action can be expected.
Sincerely yours,
Perry E Skarra Acting Area Director
HEL-012-0915-0915
HEL-012-0915-0917
COMM DOI BIA BR OF REALTY
610502
CORRESPONDENCE
CHIEF BR OF REALTY
Realty-Minerals
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
Your letter of 000329 requests advice as to when approval may be
expected on a proposed amendment to Sunshine Mining Company's oil and
gas lease 3585, Contract No 14-20-510-118 on the Sampson Johns'
allotment. The proposed amendment submitted with your letter of 601003,
was considered by the Solicitor's office and upon advice of that office
a letter to you has been rewritten and will be reconsidered by the
Solicitor. We expect that a letter regarding the amendment will be
mailed to you in the next two or three weeks.
Sincerely yours Chief, Branch of Realty
cc: Western Washington Agency
FFSokolik:eee 610502
HEL-012-0916-0917
HEL-012-0915-0917
HOLTZ RD US DOI BIA PORTLAND
600622
CORRESPONDENCE
SCTY INTERIOR US DOI
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
330
RECEIVED
600623
UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF THE SECRETARY WASHINGTON 25, D. C.
Dear Mr. Berry:
This acknowledge your letter dated 600614, inquiring as to the status
of the appeal of George H. Schmidt in connection with the purchase of
the allotment of Lulu Cordier, RS No. 5323.
This appeal is presently under active consideration and it is
anticipated that a decision will be made in the very near future. As
you were previously informed, you will be advised when the decision is
issued and furnished a copy.
Sincerely yours, Secretary of the Interior
cc: Secretary's Files Solicitor's Files Secretary's Reading File
DCCO LM LIA DG TVBateheler Asst. Sol. A&L Asses. Sel. IA ILLEGIBLE LINE
Hon. E. Y. Berry House of Representatives Washington 25, D. C.
HEL-012-0918-0919
HEL-012-0918-0919
BERRY, E Y HOUSE OF REP
600406
CORRESPONDENCE
UTZ, K J DOI BIA
Forestry 699-60
600406
Mr. Don C. Foster
Area Director, Portland, Oregon
Dear Mr. Foster:
We make further reference to the sale of standing and down
Douglas-fir snags and windfalls from two Millett allotments on the
Quinault Reservation.
Our letter of 600216, indicated that if you believe the salvage sale
of timber can be justified clearly on the ground of preventing waste the
proposal should be so presented. Your letter of 600302, states merely
that it is your belief that this case properly comes within the spirit
and intent of the Secretary's Order.
The last sentence of our letter states that there should be full
evidence that this case is one of salvage to prevent waste if such are
the circumstances. Perhaps we have not conveyed to you the seriousness
of entering upon and using the property of persons without their
consent. The Commissioner's responsibility to embark upon such course
becomes pertinent only after all other possible solutions have been
explored and found wanting. The case should be prepared and presented
in a manner to show that the only solution available is to make the sale
without the consent of all parties and only to prevent the loss of the
assets of the estate. We do not desire to make the procedure difficult
but it must be kept in mind that if the Commissioner is called upon to
justify his action in exercising his trust responsibilities the record
must provide adequate justification.
The letter of 600121, addressed to you by the Acting Superintendent
of the Western Washington Agency does explain some of the circumstances
involved. The letter does not indicate how long ago the allotment was
logged or how old the salvage material is. It can be inferred that the
material has been there for some time. The letter indicates that a
Forest Officer's Report was prepared about 580700. The letter then
states that the sale of this material will provide additional income,
decrease the fire hazard, and provide increased utilisation of forest
products that would otherwise be wasted.
A case of this kind must be justified on the basis that every effort
has been made to make the sale by obtaining the consent of the owners.
Lacking such consent the justification must be based upon the fact that
unless the sale is made important values of the estate will be lost. It
would be very helpful to indicate how urgent it is to salvage the timber
to prevent losses. Considerations such as income and better forest
management have no bearing on the responsibilities to keep an estate
from wasting. Such cases must be presented in a manner that leaves no
doubt of the action being recommended as constituting the exercise of
the trust responsibility to prevent wasting of the estate.
We shall be glad to reconsider this case when such material is
presented.
Sincerely yours,
(SGD) K J. UTZ ASSISTANT Commissioner
Copy to: Bureau Surname Forestry Chrony Mailroom Chrony Holdup
HFWershing:ash 600330
HEL-012-0920-0921
HEL-012-0920-0921
FOSTER, D C DOI BIA PORTLAND
600302
CORRESPONDENCE
MOONZ, J L US DOI BIA PORTLAND
RECEIVED
600307
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Portland Area Office Post Office Box 4097
Portland 8, Oregon
600302
Commissioner, Bureau of Indian Affairs
Washington 25, D. C.
Attention: Branch of Forestry
Dear Sir:
This is in reply to your letter of 600216, regarding authority to
sell standing and down Douglas-fir snags and windfalls from two
allotments on the Quinault Reservation. On 600121, Acting
Superintendent M. L. Schwartz requested permission for this salvage
sale, although it has not been possible to obtain the permission of all
the heirs, Indian and non-Indian.
You have advised us that under Secretarial Order 2508, Amendment No.
32, the Commissioner has the authority to authorize sales necessary to
prevent "abnormal" waste of timber.
As indicated by Mr. Schwartz, this is a post-logging sale of dead
material. No advantage can possibly be gained by the heirs if the
timber is not sold. On the contrary, merchantable forest products will
be wasted. We believe that failure to make this sale is not in the best
interests of the heirs.
We have discussed this matter with Forest Manager John Libby, after
receipt of your letter. We concur in the belief that this case properly
comes within the spirit and intent of the Secretary's Order. We
therefore request authority to approve the sale.
Sincerely yours,
J. L. Moonz
Acting Area Director
Copy to: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-0922-0922
HEL-012-0922-0922
COMM BIA BR OF FORESTRY
600216
CORRESPONDENCE
EMMONS, G L DOI BIA
Forestry 699-60
600216
Mr. Don C. Foster
Area Director, Portland, Oregon
Dear Mr. Foster:
We have your letter of 600125, asking whether special authority can
be granted to proceed with a salvage sale of Douglas-fir snags and
windfalls from two allotments on the Quinault Reservation.
You report that all but three of 27 heirs to these allotments have
executed powers of attorney consenting to the sale. The addresses of
two of the unsigned heirs are unknown. The third is a non-Indian. Your
records indicate that he is deceased, but the status of his estate is
unknown. Although the number of unsigned heirs is relatively small,
their interest in the allotments is about 20 percent of the total.
Acting Superintendent Short has requested authority to make this sale,
without consent of the three remaining unsigned heirs, on the grounds
that it will (1) provide additional revenue for the owners (2) decrease
the fire hazards and (3) utilize forest products that would otherwise be
wasted.
A Solicitor's opinion of 580305, states in part:
"Although no clear authority has been delegated to the Secretary of
the Interior to dispose of timber upon allotted Indian lands without the
consent, expressed or implied, of all co-owners, he has authority, and
also a responsibility to approve and facilitate the sale or other
salvage of timber thereon without obtaining unanimous consent, in order
to prevent loss from fire, decay, insect infestation or disease."
In keeping with the Solicitor's opinion, Secretarial Order 2508,
Amendment No. 32, published in the Federal Register, 600115, delegated
to the Commissioner:
"The taking of any action necessary to prevent waste of timber from
fire, decay, windthrow, insect infestation, disease or other natural
catastrophe on Indian lands held in trust by the United States."
(underscoring supplied)
The general rule, therefore, is that consent of all owners must be
obtained. The exception is that sales of timber may be made, without
consent of all owners, if there is demonstrated need of such action to
prevent wasting of the timber asset. But, this exception should not be
construed as prevention of "normal" waste that is to be expected in the
development of a healthy forest.
In these circumstances any sale that is undertaken without obtaining
consent of all owners should be justified clearly on the ground of
preventing waste which may be caused by emergency situations that have
developed. The fact that the owners will receive additional revenue or
that the fire hazard will be reduced is no justification for the
exercise of this authority.
If you believe the salvage of sale on these two allotments can be
justified on these ground, the proposal should be so presented. It must
be remembered that authority to act in these cases has been delegated by
the Secretary to the Commissioner. It is important that this delegated
authority be exercised with discretion. There must be full evidence
that it is not being used as a device to evade the requirement of
obtaining consent of all owners.
Sincerely yours,
(SGD) GLENN L. EMMONS Commissioner
Copy to: Bureau Surname Forestry Chrony Mailroom Chrony Holdup
GSKephart:ash 600205
HEL-012-0923-0924
HEL-012-0923-0924
FOSTER, D C DOI BIA PORTLAND
600125
CORRESPONDENCE
HAHN, M N B US DOI BIA PORTLAND
RECEIVED
600127
Forestry 339.5
600125
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Portland Area Office Post Office Box 4097
Portland 8, Oregon
Air Mail
Commissioner, Bureau of Indian Affairs
Washington 25, D. C.
Attention: Branch of Forestry
Dear Sir:
The enclosed copy of letter dated 600121, from M. L. Schwartz, Acting
Superintendent, Western Washington Agency, indicates the heirship
problems involved in selling timber from the Agnes Millett Allotment,
No. 504, and the Jennie Millett Allotment, No. 505, Quinault
Reservation.
Fifteen heirs are involved in Allotment No. 504, all but three of
whom have signed powers of attorney. Two Indian heirs with a total of
23/216 interests cannot be located. A non-Indian's interest amounts to
16/216. The non-Indian cannot be located and is believed to be dead.
Allotment No. 505 has 12 heirs, all but three of whom have signed
powers of attorney. Two of the missing heirs are Indians with a total
interest of 3/18. A non-Indian has an interest of 2/18. He cannot be
located and is believed to be dead.
The Western Washington Agency would like to enter into contracts with
purchasers for the salvage logging of Douglas-fir on these two
allotments. In the circumstances, can special authority be obtained to
proceed with the sales of timber on these allotments?
Sincerely yours,
Martin N. B. Hahn
Acting Area Director
Enclosure
Copy to: Supt., Western Washington Agency Hoquiam Substation
HEL-012-0925-0925
HEL-012-0925-0928
COMM BIA BR OF FORESTRY
600121
CORRESPONDENCE
SCHWARTZ, M L US DOI BIA
RECEIVED
600127
Forestry-339.5 Proposed Sale Quin. 504-505
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Field Service Western Washington Agency
Hoquiam Sub-Agency Hoquiam, Washington
600121
Mr. Don C. Foster
Area Director, Portland, Oregon
Dear Mr. Foster:
Some time ago, several logging companies contacted our Forestry
Office in Hoquiam with regard to the possibility of purchasing the
salvable Douglas-fir from two allotments on the Quinault Indian
Reservation. These allotments are the Agnes Millett Allotment No. 504
and the Jennie Millett Allotment No. 505, located in the SW 1/4 Section
27, Township 23 North, Range 10 West, Willamette Meridian.
The salvable material is in the form of standing and down Douglas-fir
snags and windfalls, suitable for peeling and sawmilling, that were not
considered merchantable at the time these allotments were originally
logged. Since then, the market requirements and the utilization
standards have changed and this material is now merchantable. This
material consists of No. 3 Peeler blocks and No. 3 sawmill logs. A
cruise was made of this material, and approximately 100,000 board feet
was found on the area.
Nearly 18 months ago, a Forest Officer's Report was written for sale
of this material. There are 15 heirs on one allotment and 12 heirs on
the other. With the exception of two people, the heirs of both
allotments are the same individuals. By 591201, Powers of Attorney had
been signed and returned from all but three of the heirs. The address
of two of the heirs are unknown and our repeated efforts to locate him
have failed. The third heir is a non-Indian and our records indicate he
is deceased, but the status of this estate is unknown. The three heirs
have a total of 43/216 interest in the Agnes Millett Allotment and a
total of 5/18 interest in the Jennie Millett allotment.
Mr. Foster
Under the present regulations, we must secure signed Powers of
Attorney from all the heirs before we can proceed with a timber sale.
We have had numerous inquiries the past few months from the heirs of
those allotments concerning the progress of this sale. We would like
authority to proceed with the sale without the signature of some of the
owners. this will accomplish a threefold purpose; (1) provide
additional revenue for these Indian owners; (2) snags; and (3) provide
increased utilization of forest products that would otherwise be wasted.
We believe this sale should be made as soon as possible before
further deterioration results in a complete loss of this salvable
material. Authority is requested to proceed with this sales with the
consent of the majority of the interest.
Attached is a list showing the interest of each hair and the status
of the Powers of Attorney as of 591201.
Your earliest consideration in this matter would be appreciated so
that we may inform the owners.
Sincerely yours,
(Sgd.) M. I. Schwartz Superintendent
HEIRS OF AGNES MILLET, QUIN. 504
William Jason Ward 16/216
Robert Millett Ward 12/216
Sophia Harriett Millett Moore 11/216
Clarence Joseph Millett 11/216
Christine Olive Millett Jacobs 11/216
Caroline Olive Millett Jacobs 11/216
Samuel William Millett 11/216
Judy Joy Millett 11/216
Arthur A. Yerkes 18/216
Caesar J. Yerkes 18/216
Juanita Y. Keeler 18/216
Phillip Benn 16/216
Phillip Benn, Jr. 16/216
Alberta H. Benn Miller 16/216
William H. Ward (non-Ind.) 16/216
216/216
HEIRS OF JENNIE MILLETT, QUIN. 505
William H. Ward (non-Ind.) 2/18
William Jason Ward 2/18
Robert Millett Ward 2/18
Sophia H. Millett Moore 1/18
Clarence Joseph Millett 1/18
Christine Olive Millett Jacobs 1/18
Caroline Agnes Millett 1/18
Samuel William Millett 1/18
Judy Joy Millett 1/18
Phillip Benn 2/18
Phillip Benn, Jr. 2/18
Alberta Henrietta Benn Millor 2/18
As of 591201
HEL-012-0926-0928
HEL-012-0925-0928
FOSTER, D C DOI BIA PORTLAND
600323
CORRESPONDENCE
SCHWARTZ, M L US DOI BIA W WA
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
CR. 16914-58-
RECEIVED
600329
Forestry-339.5 JACKSON, Lovey Quin. #1171
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Field Service Western Washington Agency
Hoquiam Sub-Agency Hoquiam, Washington
600323
Mr. Percy Youckton
Oakville, Washington
Dear Mr. Youckton:
As of this date, you are hereby relieved of any further liability
arising under Timber Contract No. 14-20-510-189, covering the removal of
cedar salvage material from the Lovey Jackson allotment No. 1171.
Attached is Certificate of Completion covering this sale.
We are refunding the amount of $105.80, which represents the amount
held as cash bond.
Sincerely yours,
(SGD) M. L. SCHWARTZ ACTING Superintendent
Enclosures
cc - Area Office Central Office through Area
Noted: 600324
Martin N. B. Holm Area Director, Portland
HEL-012-0929-0930
HEL-012-0929-0930
YOUCKTON, P
600321
CORRESPONDENCE
ACT AREA DIR BIA PORTLAND
600503
566
B Brissett
Please file and do not return to 330.
Forestry
RECEIVED
600325
Forestry 339.5
Portland Area Office Post Office Box 4097 Portland 8, Oregon
600321
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
In your letter of 600316, you request authority to notify the
contractor that he is relieved of any liability under contract No.
14-20-510-189 and to refund the cash bond.
This contract was made under the authority of the Superintendent,
therefore, it is your responsibility to determine whether or not the
obligations of the contractor have been met. If so, you also have the
authority to notify the contractor that he is relieved of any liability
under the contract and to refund the cash bond.
We note that the date has not been entered on the first line of the
certificate after "Timber statement (final)." This date should always be
the same as the date the final Report of Timber Cut is approved by the
Superintendent. We have entered 600215, on the two copies you sent us
and suggest you do the same with the remaining copies.
Please send the Central Office and us each a copy of your letter to
the purchaser closing out this sale.
Sincerely yours,
Acting Area Director
cc: Hoquiam Substation Central Office (w/enc.)
HEL-012-0931-0932
HEL-012-0931-0935
RINGEY, C W W WASH AGENCY
600316
CORRESPONDENCE
RINGEY, C W US DOI BIA W WA
RECEIVED
600325
Forestry-339.5 L. Jackson, Q#1171
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Field Service Western Washington Agency
Hoquiam Sub-Agency Hoquiam, Washington
600316
Mr. Don C. Foster
Area Director, Portland, Oregon
Dear Mr. Foster:
Attached is Central and your office copies of Certificate of
Completion and Summary of Operations Report, covering the following
Quinault allotment:
Contract No. Al. No. Allottee Purchaser
14-20-510-189 1171 Lovey Jackson Percy Youckton
It is recommended that this sale be closed. Authority is requested
to notify the contractor that he is relieved of any liability under this
contract, and to refund the cash bond.
Sincerely yours, CW. Ringey
Superintendent
Enclosures (2) - Area Central
RECEIVED
600325
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 600215
Indian Office file No. 14-20-510-189
Lovey Jackson Logging unit
Contract approved 590216 Expires 600216
Land status: Allotted
Western Washington Agency
Quinault Reservation
Percy Youckton Contractor
Description E1/2 NW1/4, Sec. 33, T. 23 N., R. 11 W. Willamette
Meridian
Allotment No. 1171 Name of allottee Lovey Jackson
Table not keyed, see original
600325
CONTRACTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described land has been removed and I hereby surrender all rights
under the above contract and request to be released from further
obligations under said contract.
Percy Youckton
Oakville, Washington
Dated 600129
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
find that all timber covered by the above contract has been removed, and
recommended that the authoriezd contractor be released from further
obligation under said contract.
James Bryson Taholah, Washington
Dated 600122
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
timber cut and funds accrued from the sale of timber on the land and
under the contract above designated.
W.J. DeCelle
ACTING Superintendent
Dated 600215
SUMMARY OF OPERATIONS REPORT
Lovey Jackson Logging Unit Quinault Reservation Contract No.
14-20-510-189
Scaling began 590216 Brush and Snag Disposal Completed
Summary of Operations on the Lovey Jackson Segregated by Species and
Stumpage Prices as to Timber Cut on Tribal and Allotted Lands and Total
Cut on Both:
Table not keyed, see original
Average Price per M. ft., B.M.
Distribution of money: To I.I. Accounts $62.10
U.S. Treasury (Tribal Acc't.)
U.S. Treasury (Sale Fee)
$6.90
I hereby certify that the operations of Percy Youckton on the Lovey
Jackson Logging Unit have been satisfactory completed in accordance with
the contract.
Don W. Clark, Ass't. Forest Manager
I hereby certify that the volume and value of timber cut and
disposition of money collected, as shown above, have been correctly
abstracted from the books of account at this agency.
Vernon S. Halbert, Forestry Aid (Tbr. Mgmt.)
HEL-012-0933-0935
HEL-012-0931-0935
FOSTER, D C BIA PORTLAND
601005
CORRESPONDENCE
DECELLE, W J W WASH INDIAN AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
601020
566
B. Barsett
Please file & do not return to 330
Forestry ash
Forestry 339.5 Ellen Hyasman Heath Quinault #1157
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
601005
Anderson & Middleton Logging Company
Aberdeen, Washington
Gentlemen:
Your timber contract No. 14-20-510-229 covering the removal of timber
from the Ellen Hyasman Heath allotment No. 1157, Quinault Indian
Reservation, has been satisfactorily completed and you are relieved of
any liability under the contract arising subsequent to 601004. Your
copies of Certificate of Completion and final Report of Timber Cut are
enclosed.
Your cash deposit in lieu of bond of $103.00 and the balance in your
advance deposit account of $151.91 are being refunded.
Sincerely yours, (Sgd) W. J. DeCelle Acting Superintendent
Enclosure
cc: Portland Area Office (2) Hoquiam Sub-Agency
HEL-012-0936-0938
HEL-012-0936-0966
ANDERSON & MIDDLETON
601004
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
Forestry 339.5
601004
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
We have compared the Certificate of Completion of Timber Contract No.
14-20-510-229, issued in favor of Anderson & Middleton Logging Company,
covering the removal of timber from the Ellen Hyasman Heath allotment
No. 1157, Quinault Reservation, with the Report of Timber Cut and the
contract. They appear to be in agreement.
You are hereby authorized to notify Anderson & Middleton Logging
Company that it is relieved of any liability under the contract arising
subsequent to the date of this letter. You are also authorized to
refund the company any unobligated balance on deposit in connection with
this timber contract, including the cash deposit of $103.00 in lieu of
bond.
Please send us two copies of your letter to the purchaser closing the
sale. We shall forward one copy to the Central Office.
Sincerely yours,
Illegible
Assistant Area Director
cc: Central Office (w/enc.) Prop. Mgmt. PAO (w/orig. cert.) Hoquiam
Substation
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 600630
Indian Office file No. Cont 14-20-0510-229
Contract approved 600321 Expires 601231
Land status: Allotted
Western Washington Agency
Quinault Reservation
Anderson & Middleton Logging Company Contractor
Description that portion of Lot 7, Sec. 35, T. 24N. R. 12W, W.M.
lying west of Salmon River
Allotment No. 1157
Name of allottee Kllen Hyashman Heath
Table not keyed, see original
CONTRACTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described land has been removed and I hereby surrender all right
under the above contract and request to be released from further
obligations under said contract.
Anderson & Middleton Logging Company
Dated 600817
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
find that all the timber covered by the above contract has been removed,
and recommend that the authorized contractor be released from further
obligation under said contract.
John W Palmer Forester
Dated 600817
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
timber cut and funds accrued from the sale of timber on the land and
under the contract above designated.
W. J. DeCella
ACTING Superintendent
Dated 600819
Disposition of Money
IIM ACCOUNT Illegible
U. S. TREASURY 439.81
I certify that the operations of Anderson & Middleton Logging Company
on the Kllen Hyasman Heath Allotment have been satisfactorily completed
in accordance with the contract.
John W. Palmer Forester
I certify that the volume and value of timber cut and disposition of
money collected, as shown above have been correctly abstracted from the
books of account at this agency.
Flounce E. Ames for M. Patience Icom, Forestry Clerk
RECEIVED
600325
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Allotment
Contract No. 14-20-510-229
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES Ellen Hyasman
Health Allotment Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and in accordance with the
regulations contained in 25 CFR 141.
2. Parties to the Contract. The parties to this contract are Ellen
Hyasman Earth hereinafter called the Seller, as represented by the
Superintendent of the Western Washington Indian Agency and Anderson &
Middleton Logging Company of Aberdeen, Washington, hereinafter called
the Purchaser.
3. Bureau of Indian Affairs Representatives.
(a) Approving Officer. The Area Director, Portland, Oregon or his
authorized representative, is hereinafter called the Approving Officer.
(b) Superintendent. The Superintendent of the West, Washington
Indian Agency or his authorized representative, is hereinafter called
the Superintendent.
4. Timber Sold. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to buy, in accordance with the terms and conditions of
this contract and the attached Standard Timber Contract Provisions,
hereinafter called the Standard Provisions, which are made a part
hereof, all the merchantable timber, living or dead, designated for
cutting by the Bureau of Indian Affairs within the boundaries of this
logging unit.
5. Expiration Date. Unless this contract is extended in accordance
with Section 2(e) of the Standard Provisions, the Purchaser shall cut
and pay for all designated timber and shall complete all other
obligations on or before the contract expiration date of 601231.
6. Unit Description. This unit is located in that portion of Lot 7,
Section 35, (ILLEGIBLE LINE) of Salmon River and includes the following
approximate area:
Table not keyed, see original
The unit boundaries are shown approximately on the map attached
hereto as Exhibit A and made a part hereof. The boundaries have been
marked on the ground by the Bureau of Indian Affairs unless otherwise
specified in Section 18.
7. Estimated Volumes.
(a) Designated Timber. The estimated volume of timber to be
designated for cutting is:
Table not keyed, see original
The foregoing is an estimate only and shall not be construed as a
guarantee or a limitation of the volume to be designated for cutting.
The actual volume of timber designated for cutting in accordance with
the terms of this contract and the Bureau's approved procedures shall be
controlling, regardless of whether it is more or less than the above
estimate.
(b) Additional timber. In addition to the timber specified above,
this sale also includes any other timber on the contract area which must
be cut or removed in clearing for roads, landings, camps and other
improvements constructed by the Purchaser and all other timber seriously
damaged in logging operations under this contract, if, in the opinion of
the Approving Officer, the timber is merchantable for any product in
accordance with customary standards and is present in sufficient
quantities to permit economic removal to existing markets.
8. Payment for Timber. The Purchaser shall pay for all timber
covered by this contract in accordance with the provision of Section 4
of the Standard Provisions.
The minimum advance deposit shall be $550.00
9. Stumpage Rates.
(a) Designated Timber. The stumpage rates to be paid during the life
of this contract for timber specified in Section 7 (a) shall be the bid
rates shown below:
Table not keyed, see original
(b) Additional Timber. Timber of species and products not specified
in Section 9 (a) above which may be cut pursuant to Section 7 (b) shall
be paid for during the life of this contract at the appraised rates
shown below:
Table not keyed, see original
10. Liquidated Damages for High Stumps. The following liquidated
damage rates shall be charged for stumps cut in excess of the maximum
height specified in Section 5 of the Standard Provisions:
Table not keyed, see original
11. Merchantability. Trees, when designated for cutting, and
products cut from those trees, shall equal or exceed the following
minimum specifications:
Table not keyed, see original
12. Designating Timber for Cutting.
The entire area within the boundaries of the unit is designated for
clear cutting of all the merchantable live timber and all of the
merchantable dead timber, standing or fallen, down to a minimum D.B.H.
of 12". The boundaries of the unit have been clearly marked with blazes
and plastic flagging tape. The east and south boundary is the Salmon
River. The land adjacent to the west boundary has been clear cut. The
north boundary of the allotment is also the Quinault Indian Reservation
boundary and is clearly marked with blazes and capped iron posts. The
objective is the harvest cutting of mature and over-mature timber and
the salvage of dead and down timber. The minimum diameter will be
correlated with the tree specifications under Section 11,
Merchantability.
13. Cutting Schedule.
(a) Minimum Annual Cut. The Purchaser shall cut and pay for all
timber covered by this contract by 601231.
14. Volume Determination.
(a) Designated Timber. In lieu of the scaling procedures stipulated
in Section 7 (a) and 7 (c) of the Standard Provisions, logs cut under
this contract shall be scaled by the Grays Harbor Log Scaling and
Grading Bureau, Aberdeen, Washington, hereinafter called the Scaling
Bureau. Scaling by the Scaling Bureau shall not be exclusive so as
prevent scaling by the Indian Bureau of logs not delivered to the points
of Scaling Bureau scaling. The following general conditions shall apply
to Scaling Bureau scaling:
(1) The purchaser shall enter into an appropriate agreement with the
Scaling Bureau for the performance of all necessary scaling and
reporting services, and shall promptly submit to the Area Director
signed copies of such agreement in duplicate.
(2) The agreement shall provide for the following:
Prompt scaling of all logs upon delivery to the points of scaling.
Safeguards as the Area Director may deem necessary to insure an
accurate accounting of all logs presented to the Scaling Bureau for
scaling.
Prompt submission to the Superintendent or his representative of
certified copies of each and every report showing species, volume, grade
and brand of each log scaled.
All logs shall be scaled in accordance with Scaling Bureau's rules of
scaling.
The purchaser shall pay the Scaling Bureau for all services rendered
by it under the agreement.
(b) Additional Timber. None
(c) In lieu of Section 7(g) of the Standard Provisions, scale reports
will be prepared each month.
(d) See Section 18(g) of the Special Provisions.
15. Slash and Snag Disposal.
(a) Slash. Section 9(a) and 9(b) of the Standard Provisions shall
not apply.
(b) Snag. See Section 9(c) of the Standard Provisions.)
16. Road Construction and Maintenance.
See Section 10 of the Standard Provisions.
17. Performance Bond. The Purchaser delivers herewith and agrees to
maintain a bond satisfactory to the Approving Officer in the sum of
$103.00 conditioned upon the faithful performance of all the terms of
this contract.
18. Special Provisions.
(a) The purchaser further agrees that he shall leave the boundaries
and corners of the sale area clearly marked at the completion of this
sale.
(b) The purchaser also agrees to brand all logs with a suitable brand
which he shall have registered with the State of Washington for use on
logs cut under this contract.
(c) A deposit in the amount of $103.00 shall be held as cash bond to
guarantee full performance by the purchaser under the terms of this
contract, and any extension thereof. The purchaser constitutes and
appoints the Area Director and his successors in office as his
attorney-in-fact and agrees that in case of any default in the
performance of any of the conditions or stipulations of the contract,
said attorney-in-fact shall have full power to apply the deposit in the
satisfaction of any damages, costs, expenses, and deficiencies arising
by reason of such default and the purchaser for himself, heirs,
excutors, administrators, successors, and assigns, ratifies and confirms
whatever said attorney-in-fact shall do hereunder.
(d) In lieu of the tree specifications under Section 11, the
purchaser shall be required to cut all trees 12" D.B.H. and larger.
(e) Section 13(g) of the Standard Provisions shall not apply.
(f) By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding protection
of Indian lands and is authorized to act for the Bureau in such matters.
(g) Payment for lost logs. The purchaser shall be responsible for
loss of logs from the time of removal from the sale area until scaled.
Lost logs shall be paid for at the contract prices. Determination of
volumes and species for any such log losses shall be made by applying
the average net volume per log and percentage of species distribution
for the entire volume of stumpage previously scaled to the piece count
for logs determined by the Forest Officer in Charge/lost or missing.
19. Effective Date. This contract shall become effective on the
date of approval by the Approving Officer.
Signed and Sealed in sextuplet as of 600304
PURCHASER
Witnesses:
ANDERSON & MIDDLETON LOGGING CO. Name of corporation, partnership or
individual
By James Middleton Vice Pres.
SELLER
(ILLEGIBLE)
SUPERINTENDENT
Signed for the pursuant to
Resolution No. passed by its tribal governing body in a meeting held
at
on 19
APPROVING OFFICER
Approved: 600321
Name (ILLEGIBLE) Title (ILLEGIBLE)
If Purchaser is a corporation, the following certificate must be
executed:
I, E. A. Middleton, certify that I am the Secretary of the
corporation named as the Purchaser herein; that James C. Middleton who
signed this contract was then Vice President of said corporation; that
said contract was duly signed for and in behalf of said corporation by
authority of its governing body, and is within the scope of its
corporate powers.
E.A. Middleton
FORM 5-610 590700
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISIONS
Table not keyed, see original
The following Standard Timber Contract Provisions are hereby
prescribed for use in contracts for the sale of timber from Indian lands
except as otherwise provided by the Secretary of the Interior or his
authorized representative in particular sales.
1. Definitions. As used in these provisions and in the contract to
which they are attached:
1(a) "Approving Officer" means the officer approving the contract or
his authorized representative.
1(b) "Commissioner" means the Commissioner of Indian Affairs or his
authorized representative.
1(c) "Area Director" means the Area Director of the Bureau of Indian
Affairs Area within which the sale area is located, or his authorized
representative.
1(d) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the sale area, or
his authorized representative.
1(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the sale area.
1(f) "Seller" means the Indian tribe or the individual owner or
owners of the timber sold under the contract.
1(g) "Purchaser" means the purchaser of timber under the contract and
his successors in interest.
2. General Conditions.
2(a) Title and Risk of Loss. Title to the timber covered by the
contract shall not pass to the Purchaser until it has been paid for and
cut, except that in single payment sales based on tree measurement or
other estimate of total volume obtained prior to the sale, the title to
timber shall pass to the Purchaser when the sale contract has been
approved by the Approving Officer and the timber has been paid for.
Passage of title to the Purchaser shall not affect the Bureau of Indian
Affairs' right to control the movement of timber until the volume has
been determined. In the event any timber covered by the contract is
destroyed or damaged by fire, wind, flood, insects, diseases or other
cause to the extent that it is unmerchantable, the party holding title
to the timber shall bear the loss except as otherwise provided in
Section 11(e) herein with respect to Purchaser fires as defined in
Section 11(d) herein, and there shall be no obligation on the part of
the Bureau of Indian Affairs to designate, or on the part of the
Purchaser to accept and pay for, other timber in lieu of that destroyed
or damaged. If timber or products which have been paid for under this
contract are not removed from the sale area on or before the expiration
date of the contract, title shall revert to the Seller. Nothing in this
paragraph shall be construed to relieve either party of liability for
negligence.
2(b) Interpretation of Contract. The decision of the Approving
Officer shall prevail in the interpretation of the contract, subject to
the right of appeal prescribed in Section 2(j) herein.
2(c) Modification. The conditions of sale as set forth in the
contract may be modified only through an agreement in writing between
the Seller and the Purchaser. No modification shall become effective
until approved by the Approving Officer. When a surety bond has been
furnished by the Purchaser, he must, prior to approval of the
modification, either obtain a commitment from the surety to continue the
bond under the modification or furnish a new bond.
2(d) Assignment of Interest. The assignment by the Purchaser of any
or all of his interest under the contract shall not affect any of the
obligations of the parties or the Secretary under the contract until the
assignment has been approved by the Approving Officer after consultation
with the Seller. The party to whom an interest is assigned must provide
a bond as specified in the contract or obtain a commitment from the
previous surety to be bound by the assignment when approved. The
approval of an assignment by the Approving Officer shall not operate to
change the provisions of the contract. Unless otherwise provided for
therein, an assignment shall not relieve the assignor of any of the
responsibilities and liabilities under the contract.
2(e) Extension of time. An extension of time for the performance of
the contract may be granted to the Purchaser by the Approving Officer,
for reasons satisfactory to the Approving Officer, after consultation
with the Seller. Extensions of time shall be subject to such conditions
as the Approving Officer may impose. When a surety bond has been
furnished by the Purchaser, he must prior to any such extension, either
obtain a commitment from the surety to continue the bond during the
extension or he must furnish a new bond. Requests for extension of time
may be considered only if submitted in writing by the Purchaser to the
Superintendent prior to the expiration date of the contract.
2(f) Suspension of Operations. The Superintendent may, after written
notice to the Purchaser, suspend any or all of the Purchaser's
operations under the contract if the Purchaser violates any of the
requirements of the contract. Such suspension of operations may be
continued by the Superintendent until there is satisfactory compliance.
After written notice from the Approving Officer, continued failure to
comply with any of the requirements of the contract shall be grounds for
the revocation by the Approving Officer of all rights of the Purchaser
under the contract and the Purchaser shall be liable for all damages
resulting from his breach of contract as described in the following
section.
2(g) Failure To Complete Contract. In the event of failure to
complete all obligations assumed under the contract, the Purchaser shall
be liable for the depreciation in the value of the remaining timber and
for any costs or expenses incurred by or caused to the Seller or the
Government as a result of such failure, in an amount to be determined by
the Approving Officer.
2(h) Termination of Contract. The contract may be terminated at any
time by written agreement between the Seller and the Purchaser.
Termination agreements shall not become effective until approved by the
Approving Officer.
2(i) Disputes. Either of the parties to the contract may submit
complaints of any action or decision under the contract by the
Superintendent or the Officer in Charge in accordance with the following
procedure. Complaints shall be made in writing to the Superintendent.
If the Superintendent is not the Approving Officer of the contract and
the dispute is not resolved to the satisfaction of the parties, a
written complaint may then be submitted to the Area Director. If the
Area Director is not the Approving Officer and his decision is not
satisfactory to the parties, a complaint may be submitted in writing to
the Commissioner. Complaints shall be made within 30 days of the action
or decision in dispute unless the party making the complaint furnishes
reasons satisfactory to the officer receiving the complaint for granting
a longer period of time, in which case the officer may extend the period
for such length of time as he deems reasonable. Decisions of the
Approving Officer may be appealed to the Secretary in accordance with
the provisions of the following section.
2(j) Appeals. The parties to this contract may appeal, in accordance
with such rules and regulations as the Secretary of the Interior may
from time to time prescribe, any action or decision taken by the
Approving Officer or his superior officers. The decision of the
Secretary shall be final subject to lawful judicial remedies.
2(k) Bureau of Indian Affairs Representative. Notices, requests or
other action where formal written notice is required herein, or is
appropriate, shall be accepted for the Bureau of Indian Affairs by the
Superintendent.
3. Timber To Be Reserved. No timber may be cut except that which is
designated by the Officer in Charge. A strip of timber on each side of
streams, roads and trails, along lake shores, in the vicinity of camping
places and recreational or ceremonial grounds, and timber in immature
stands or other areas which should not be disturbed because of
silvicultural, watershed protection or other reasons, may be reserved in
which little or no cutting shall be allowed.
4. Payments and Deposits.
4(a) Method of Payment. The Purchaser shall pay for the timber
covered by the contract in advance of cutting, as a single payment or
installment payments in sales of predetermined volumes or in the form of
advance payments or advance deposits in sales of estimated volumes.
Payment shall be by certified check, cashier's check, bank draft or
postal money order, drawn payable to the Bureau of Indian Affairs, or in
cash. All payments shall be transmitted to the Superintendent.
4(b) Advance Payments on Allotment Timber. Advance payments are
partial payments of the estimated value of timber to be cut on each
allotment and are required in all sales of allotment timber unless the
full purchase price is paid before the contract is approved. Advance
payments may be paid to the allotment owner as soon as received and are
not refundable. Such payments shall be credited against the allotment
timber as it is cut and scaled, at the stumpage rates in effect at the
time of scaling. The Purchaser shall pay 15 percent of the estimated
value of the timber to be cut, computed at the bid rates, within 30 days
from the date of aproval of each allotment contract and before cutting
begins. The Purchaser shall make additional advance payments of 15
percent within six years, if the contract extends beyond those periods.
Advance deposits previously applied against timber cut on the allotment
shall be included in computing the payments. The Approving Officer may,
in his discretion, reduce the original estimate of the volume of timber
to be cut on any allotment because of error of estimate, losses from
fire or other causes, or for similar reasons, but not because of
depletion from cutting. If the advance payments on any allotment exceed
the total value of the timber cut on that allotment by the Purchaser,
the amount of the advance payments shall be declared to be the value of
the timber so cut.
4(c) Advance Deposits. Advance deposits are used in sales of
estimated volumes to maintain an operating balance against which the
value of the timber to be cut from either tribal or allotted lands will
be charged. The unobligated balance of advance deposits may be refunded
pursuant to Section 4(c)(3) herein. The Purchaser shall make advance
deposits in such amounts and at such times as called for by the
Superintendent. The amount of any advance deposit shall not be less
than the minimum amount specified in the contract, except as provided in
Section 4(c)(2) herein. The Purchaser shall not be required to provide
an advance deposit balance at any time of more than three times the
amount of the minimum advance deposit specified in the contract. The
estimated value of timber cut but not yet scaled shall be deducted from
the advance deposits then in the hands of the Superintendent in
computing the advance deposit balance. Advance deposits shall be
applied to timber cut from tribal lands and shall be applied to
allotment timber only after the advance payments on the allotment being
cut have been exhausted. Advance payments on allotment timber shall not
operate to reduce the size of the advance deposits that may be required
by the Superintendent.
(1) Suspension of Operations. If advance deposits are not received
within 15 days of written request therefor, or if at any time the
balance of advance deposits is reduced to one-third of the required
minimum advance deposit, the Superintendent may suspend all or any part
of the operations until the requested advance deposit is received.
(2) Reduction of Advance Deposits. The Superintendent may reduce the
minimum size of the last advance deposit before completion of the sale
or before periods of approximately three months or longer during which
no timber cutting is anticipated.
(3) Refund of Advance Deposits. If the balance of advance deposits
at the time cutting operations are suspended for approximately three
months or longer is in excess of one-third of the minimum advance
deposit specified in the contract, such excess may be refunded at the
request of the Purchaser and in the discretion of the Superintendent.
However, no refund shall be made if an unexcused deficiency in minimum
cutting requirements exists. Final refund of the total unobligated
balance of advance deposits shall be authorized by the Approving Officer
after all the terms of the contract have been satisfactorily completed.
5. Utilization.
5(a) Sales of Estimated Volumes. In sales in which the volume of
timber is to be determined by measurement of cut products, timber shall
be cut to utilize fully the merchantable material and to yield the
maximum stumpage value. Timber cut into lengths or products of lesser
value shall be scaled as if cut to yield the maximum value of products
covered by the contract. Stumps shall be cut as low as practicable to
avoid waste. The mean height of any stump shall not exceed one-half of
its diameter, except that where this height is considered to be
impracticable higher stumps may be authorized by the Officer in Charge.
Stumps which exceed the maximum height shall be paid for by the
Purchaser at the rates per stump specified in the contract, which
charges, in view of the difficulty of determining the actual damage to
the Seller, shall be regarded as fixed, agreed and liquidated damages.
In addition, the Officer in Charge may require the Purchaser to recut
such stumps to the maximum allowable height.
5(b) Sales of Predetermined Volumes. In sales in which the volume of
timber sold was determined prior to the sale, the Officer in Charge may
require the Purchaser to recut stumps which exceed the maximum height as
defined in Section 5(a). In these sales, the Purchaser is expected to
practice full utilization but no charge shall be made for poor
utilization of timber represented by the predetermined volumes.
6. Cutting Schedule. In sales of estimated volumes, if the actual
volume of timber designated for cutting exceeds the estimated volume
shown in the contract by such an amount that the contract limitation on
the maximum annual cut prevents the Purchaser from cutting all
designated timber prior to the date specified in the contract, the
Approving Officer, after consultation with the Purchaser and the Seller,
shall in his discretion, either increase the maximum annual cut or
extend the contract or both, subject to such conditions as he deems most
equitable to both parties.
6(a) Minimum Volume. The minimum volume required by the contract
shall be cut and paid for each year from the sale area. During the last
calendar year of the contract, the actual volume of timber designated
for cutting shall be controlling if less than the minimum volume
required.
(1) Relief From Minimum Requirements. The Approving Officer, at the
request of the Purchaser and after consultation with the Seller, may
relieve the Purchaser in whole or in part from the minimum annual
cutting and paying requirements when, in the opinion of the Approving
Officer, the Purchaser is prevented by factors beyond his control from
meeting the minimum cutting requirements or when such relief is in the
best interest of the Seller.
(2) Payment for Deficiencies. If the Purchaser fails to meet the
minimum cutting requirements and no relief is granted, the volume of
timber scaled during the following calendar year shall not be applied to
the minimum requirements for that year until the existing deficiency has
been made up. All timber scaled during each quarter-annual period
beginning 000101, 000401, 000701 and 001001 in which a deficiency exists
shall be paid for at the stumpage rates in effect on 001231 of the year
in which the deficiency occurred or at the rates in effect at the time
of scaling, whichever are the higher.
6(b) Maximum Volume. The volume of timber cut on the sale area
during any calendar year, not including the cutting deficiencies from
any previous year or years or the volume of timber salvaged pursuant to
Section 6(c) herein, shall not exceed the maximum volume specified in
the contract without the consent of the Approving Officer after
consultation with the Seller. Logging performance in any calendar year
beyond the minimum required therefor shall not be applied against the
cutting requirements of subsequent calendar years unless authorized by
the Approving Officer after consultation with the Seller.
6(c) Salvage of Damaged Timber. As used in this section, "Damaged
timber" shall include any timber within the unit of the species and
minimum merchantability specified in the contract which is damaged but
not rendered unmerchantable by insects, disease, windthrow or
non-Purchaser fires subsequent to the date the contract is approved. In
contracts for the sale of predetermined volumes in which minimum
merchantability standards are not specified, merchantability shall be
determined in accordance with customary standards. The Purchaser shall
cut and pay for damaged timber as expeditiously as possible and as the
Approving Officer may direct. If, in the opinion of the Approving
Officer, additional salvage operations are necessary to prevent losses
to the Indian owners, he may offer all or part of the damaged timber for
sale under one or more separate contracts.
7. Volume Determination. The term "scaling," as used in these
Provisions, may include scaling by log rule, measuring, counting,
weighing, tree measurement before felling or any other reasonable method
prescribed by the Approving Officer.
7(a) Bureau of Indian Affairs To Scale. All timber covered by the
contract shall be scaled by authorized employees of the Bureau of Indian
Affairs.
7(b) Convenience in Scaling. The Purchaser shall roll out, deck or
otherwise present products in a manner suitable for economical scaling
as the Officer in Charge may reasonably direct. The points at which
products shall be presented for scaling shall be designated by the
Officer in Charge and may include the place where cut, a landing or
point of shipment, or other points. Products shall not be moved from
the designated scaling point until they have been scaled, and until they
have been stamped, numbered or otherwise released by the Officer in
Charge. Products that are moved contrary to the instructions of the
Officer in Charge shall be paid for by the Purchaser at double the
contract stumpage rates. The Officer in Charge may require that
products be decked, stacked or otherwise held for scaling when the
average daily volume produced is too small to permit economical scaling.
7(c) Scaling Logs. The Scribner Decimal C log rule shall be used in
scaling all logs. The log rule shall be read to the nearest inch on the
average diameter inside bark at the small end of the log. The maximum
scaling length of a single log shall be 16 feet. All logs exceeding the
maximum scaling length shall be scaled as two or more logs. The
following allowance shall be made for trimming:
Table not keyed see original. Logs overrunning the trim allowance
shall be scaled to the next standard one-foot length. Deductions shall
be made from the gross volume for rot, shake, hollow, check, sweep,
crook or other visible defects, but no deduction shall be made for blue
stain when not accompanied by other evidence of deterioration or for any
defect or damage due to the carelessness of the Purchaser. Products
presented for scaling in other than sawlog form shall be scaled as
provided in the contract.
7(d) Unmerchantable Material. Material which is more defective than
the minimum merchantable percentage and material smaller than the
minimum merchantable size, as specified in the contract, shall be culled
if left in the woods, but any such material that is taken for
manufacture or sale shall be scaled for its actual sound contents.
7(e) Scaling Waste Material. Waste in long butts, tops, broken and
partially sound logs, in other products, and in all trees designated for
cutting which are not cut or which are left felled, lodged or badly
damaged by the logging operations shall be paid for by the Purchaser at
the contract stumpage rates, except that no addtional charge shall be
made for such waste material in trees the volume of which was determined
prior to the sale. The Purchaser may be required to pay at double the
contract stumpage rates for merchantable timber not designated for
cutting which is cut or seriously injured through carelessness. If
timber is injured to the extent that, in the opinion of the Officer in
Charge, it will constitute a hazard to residual trees if not removed,
the Purchaser may be required to remove such timber. Any waste material
which is paid for shall become the property of the Purchaser and may be
removed from the sale area at any time prior to the expiration date of
the contract.
7(f) Marking Products. When a separate record of the volume of
timber cut from allotments or other areas is required by the Bureau of
Indian Affairs, the Purchaser shall mark all unscaled products with
distinctive brands, as directed by the Officer in Charge, to permit
positive identification of the products with the land from which they
were cut.
7(g) Scale Reports. A copy of each 10-day scale report showing the
number of pieces and the volume and value of all products scaled under
the contract during the reporting period shall be furnished to the
Purchaser by the Superintendent. A copy of each Report of Timber Cut
showing the volume and value of timber scaled and the balances in
advance payments and advance deposits shall be furnished to the
Purchaser.
7(h) Purchaser's Check Scale. The Purchaser may arrange with the
Bureau of Indian Affairs scaler, through the Officer in Charge, for a
check scaler employed by the Purchaser to compare his scale with that of
the Bureau of Indian Affairs scaler, at hours convenient to the Officer
in Charge.
8. Logging Requirements.
8(a) Logging Plans. The Approving Officer may require the Purchaser
to present seasonal plans of logging operations for approval before
operations begin. When a logging plan has been approved there shall be
no substantial departure from it without the written consent of the
officer who approved the plan. The areas to be logged in any season may
be designated by the Approving Officer when, in his judgment, such
action is necessary to prevent deterioration of timber from fire,
insects, disease or other cause, or to insure that the sale area is
logged in such a manner as to protect fully the interests of the Seller
and the Government. The Officer in Charge may require the Purchaser to
complete logging operations begun on an allotment or on a natural
topographic unit before operations are moved to another part of the sale
area.
8(b) Logging Methods. The Purchaser's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
8(c) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the sale area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
8(d) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Purchaser may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Purchaser, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
9. Slash and Snags.
9(a) Treatment of Slash. The treatment of slash shall be
accomplished by the Purchaser concurrently with other phases of logging
operations. Slash shall mean limbs, tops, damaged young growth and
other material up to 4 inches in diameter resulting from logging, road
construction or other operations by the Purchaser.
9(b) Burning Slash. The Purchaser shall lop and pile all slash
compactly for burning. Slash piles shall be placed a sufficient
distance from reserved trees and reproduction to prevent unnecessary
damage in burning. The Purchaser shall burn slash in such a manner and
at such times as the Officer in Charge may direct. Whenever the
Purchaser allows fire to run through slash, except in compliance with
the instructions of the Officer in Charge, the Purchaser may be required
to lop and scatter or repile and reburn the slash. The Purchaser shall
make every reasonable effort to control and suppress all fires which may
spread from his slash burning operations, but he shall not be held
liable for damages caused by slash burning operations conducted in
compliance with the instructions of the Officer in Charge unless such
damages are due to the Purchaser's carelessness or negligence in the
execution of instructions. The Purchaser may be reimbursed for his
costs in suppressing slash fires not due to his carelessness or neglect.
9(c) Snag Felling. The Purchaser shall fell all unmerchantable dead
trees, within the area cutover, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed in each part of the sale area as soon as practicable
after skidding and before the slash is burned, if burning is required.
The Purchaser may be relieved of snag felling requirements on
specifically designated areas by the Superintendent at the request of
the tribal governing body on unallotted lands or at the request of the
Indian owners on allotted lands.
10. Transportation Facilities.
10(a) Authorization. The Purchaser is authorized to construct and
maintain on the contracted area and on other unallotted Indian lands
such roads, bridges and other transportation facilities as are necessary
for logging operations under the contract, subject to applicable
regulations and such conditions as the Approving Officer may impose.
Construction of transportation facilities shall not convey the right of
exclusive use to the Purchaser. In these Provisions, "construction"
shall also include reconstruction.
10(b) Road Construction. The location and design of all roads to be
constructed by the Purchaser shall minimize damage to Indian lands. The
Approving Officer may, before construction begins, require approval of
road locations and design by inspection or through the submission of
plans and specifications for the location and design of roads and
appurtenant structures.
10(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Purchaser's operations.
(1) Existing Bureau of Indian Affairs Roads. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Purchaser uses existing Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Purchaser and the Superintendent. In the event of
disagreement, the determination shall be made by the Superintendent.
(2) Roads Constructed by Purchaser. Main roads which are constructed
by the Purchaser and which are designated by the Approving Officer as
roads that will be used as principal access for subsequent
administration., management or protection of Indian timber shall be
maintained by the Purchaser to prevent deterioration in periods of
non-use during the life of the contract. Required maintenance may
include blading the surface to remove ruts and other obstructions to
surface drainage, cleaning drainage ditches, cleaning and repairing
drainage structures or other action prescribed by the Officer in Charge.
Similar maintenance may be required on such designated roads prior to
abandonment.
10(d) Use by Other Parties. Roads constructed by the Purchaser under
authority of the contract or on rights-of-way held by the Bureau of
Indian Affairs may be used by other parties as authorized by the
Approving Officer, provided that, in the opinion of the Approving
Officer, the use by other parties will not cause unreasonable
interference with the operations of the Purchaser. Such other parties
shall provide improvements and maintenance to the roads as may be
reasonable and equitable to prevent appreciable increases in the
Purchaser's cost of operation as a result of joint use. The extent of
such obligations shall be agreed upon by the parties concerned, subject
to a final determination by the Approving Officer if the parties
disagree.
10(c) Improvements. All bridges, drainage structures, cattle guards
or other improvements installed on any road by the Purchaser shall be
left intact at the completion of logging operations, unless the removal
of such improvements is authorized or required by the Approving Officer.
11. Fire Prevention and Suppression.
11(a) Fire Plans. When requested by the Approving Officer, the
Purchaser shall prepare, in cooperation with the Officer in Charge, a
plan for the prevention and suppression of fires on the sale area for
the approval of the Approving Officer. The plan shall fully reflect the
Purchaser's fire protection obligations under the contract. Neither the
approval of the plan nor anything contained therein shall relieve the
Purchaser from any responsibility under the terms of the contract.
11(b) Fire Precautions. The Purchaser shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Approving Officer to meet the fire
protection requirements of the contract and the existing fire danger.
The requirements shall not be less than are required under the laws of
the State in which the sale area is located.
11(c) Fire Suppression. The Purchaser shall take immediate and
independent initial fire suppression action on all fires on the sale
area and shall use all necessary manpower and equipment at his disposal,
including the employees and equipment of his subcontractors engaged on
or near the sale area in construction or in logging, removing or
processing timber. When called upon by the Officer in Charge, the
Purchaser shall make available any or all of his manpower and equipment,
including that of his subcontractors, for hire by the Bureau of Indian
Affairs and to work under the direction of any authorized employee of
the Bureau of Indian Affairs in the suppression of any fire on or
threatening Indian lands.
11(d) Fire Suppression Costs.
(1) Purchaser fires. If the Purchaser, his employees, his
subcontractors or their employees, are responsible by act or neglect for
the origin or spread of a fire, hereinafter called a Purchaser fire, the
Purchaser shall pay all the costs of fire suppression, including those
incurred by the Bureau of Indian Affairs.
(2) Non-Purchaser Fires. Fires for which the Purchaser or his
employees, his subcontractors or their employees, are in no way
responsible by act or neglect are hereinafter called non-Purchaser
fires. The Purchaser's cost of suppressing such fires shall be computed
at rates established by the Bureau of Indian Affairs.
On the sale area the Purchaser shall pay one-half of the total
suppression costs of non-Purchaser fires, provided that the Purchaser's
obligations shall be limited in any calendar year to a maximum of one
percent of the total estimated value of the timber covered by the
contract computed at the estimated volumes and the bid rates shown in
the contract. In the event that other sales are made within the sale
area in accordance with Section 13(a) herein, the Purchasers shall share
the obligation to pay one-half of the total suppression costs of
non-Purchaser fires according to the relationship of the total estimated
value of the timber covered by each contract to the total estimated
value of the timber covered by all of the contracts. However, if a fire
is determined to be a Purchaser fire with respect to one of the
Purchasers, he shall be liable for all of the suppression costs of other
Purchasers on the sale area.
Outside the sale area, the Purchaser shall be reimbursed for all of
his costs in suppressing non-Purchaser fires.
The provisions of this section shall not be constructed as relieving
the Purchaser of fire suppression costs for which he is otherwise liable
under State law.
11(e) Liability for Fire Damage. The Purchaser shall pay for all
damages caused by a Purchaser fire to timber or any other property of
the Indians or the Government in an amount to be determined by the
Approving Officer. The Purchaser's liability for losses sustained by
the Indians or the Government from non-Purchaser fires shall be in
accordance with the provisions of Section 6(c) herein.
12. Improvements.
12(a) Existing Improvements. The Purchaser may be given permission
to use existing improvements which are already on lands covered by the
contract and which are necessary for his logging operations under the
contract, subject to applicable regulations and such conditions as the
Approving Officer may impose. All telephone lines, fences, roads,
trails and other improvements shall be protected as far as possible in
all phases of the Purchaser's operations and, whenever they are damaged,
the Purchaser may be required to repair them promptly to as good
condition as before the damage.
12(b) Damage to Land and Other Property. Damage to land or other
property of the Indians or the Government which cannot be repaired shall
be paid for by the Purchaser in an amount to be determined by the
Approving Officer. In determining the amount of such damages, the
Approving Officer shall consider the value of any permanent improvements
made to the land by the Purchaser.
12(e) Construction of Improvements. The Purchaser, with the approval
of the Approving Officer and subject to such conditions as he may impose
and to applicable regulations, may construct on lands covered by the
contract such improvements as are necessary for his operations under the
contract.
12(d) Use of Timber. Fuelwood and improvements shall be made as far
as practicable from unmerchantable timber and such material shall not be
charged to the Purchaser. The use of any material not covered by the
contract from Indian lands may be restricted by the Approving Officer.
12(e) Removal of Property. The Purchaser shall remove all of his
improvements and other property within six months from the expiration
date of the contract except for improvements installed on roads as
provided in Section 10(c) herein or unless he is authorized by the
Approving Officer to leave such improvements. After that time, the
title to all improvements and to other property shall attach to the
land.
12(f) Sanitation. All improvements constructed or used by the
Purchaser on lands belonging to the Indians or the Government, such as
camps, mills and other structures, and the grounds adjacent thereto,
shall be maintained in a clean and sanitary condition. Rubbish shall be
removed and properly buried or burned during the occupancy of such
structures. Upon the abandonment or removal of improvements, the sites
shall be thoroughly cleaned up and all rubbish and debris shall be
disposed of.
13. Other Conditions.
13(a) Other Sales Within Sale Area.
(1) Salvage Sales of Minor Volumes. Separate salvage sales of minor
volumes of timber covered by the contract may be made when the Approving
Officer and the Purchaser agree in writing that the scattered location
of single trees or small groups of trees to be salvaged cannot
reasonably be removed in the Purchaser's operations.
(2) Other Material. Other sales may be made within the sale area of
material not included in the terms of the Purchaser's contract, provided
such sales will not, in the judgment of the Approving Officer, cause
unreasonable interference with operations of the Purchaser. Other
Purchasers may be required to provide improvements to
Purchaser-constructed roads in accordance with Section 10(d) herein.
13(b) Rights-of-Way. Rights-of-way may be granted to other parties
through any portion of this sale area during the life of the contract
provided such rights-of-way will not, in the judgment of the Approving
Officer, cause unreasonable interference with the operations of the
Purchaser.
13(c) Bureau of Indian Affairs Services. The Bureau of Indian
Affairs will furnish scaling, marking and other services within a basic
workweek of 8 hours per day for 5 days per week, exclusive of Sundays
and Government holidays, unless additional services are requested by the
Purchaser and approved by the Superintendent. The Purchaser shall pay
for additional services as required by the Act of 560730 ( 25 U.S.C.
407d).
13(d) Purchaser and Bureau of Indian Affairs Representatives on Sale
Area. At all times when construction or logging operations are in
progress, the Purchaser shall have a representative readily available in
the area of such operations who shall be authorized to receive in behalf
of the Purchaser any notices or instructions from the Officer in Charge
or other authorized representative of the Bureau of Indian Affairs in
regard to performance under the contract and to take such action thereon
as is required by the terms of the contract. Written designation of the
representative may be required by the Superintendent. At the request of
the Purchaser, the Superintendent shall designate in writing the name of
the Bureau of Indian Affairs representative who shall supervise
operations under the contract.
13(c) New Bond. Whenever any bond furnished to guarantee obligations
under the contract shall be unsatisfactory to the Approving Officer he
may require the Purchaser to furnish a new bond which shall be
satisfactory to the Approving Officer.
13(f) Indian Labor. The Purchaser shall employ Indian labor at the
same wages as other labor and in preference to other labor not already
in his employ whenever Indian labor seeks employment and is competent.
13(g) Financial Statements. At the close of each year used by the
Purchaser as a basis for his records, and no later than the date
specified by the Approving Officer, the Purchaser shall submit to the
Superintendent three copies each of a balance sheet, profit and loss
statement and detailed statement of operating costs and sales. The
statements shall be of a form satisfactory to the Commissioner, and
shall be certified by a certified public accountant and the Purchaser.
In addition to or in lieu of the statements by the Purchaser, the
Commissioner in his discretion may require the Purchaser to submit such
certified statements for his divisions and subsidiaries (wholly owned or
controlled) or his subcontractors which are engaged in operations under
the contract or in the manufacture or sale of products produced
thereunder. The statements shall be considered as confidential material
and shall be available only to Government employees whose official
duties require access to the information therein.
13(h) Purchaser's Records. Records pertaining to the logging,
manufacture and sale of material covered by the contract by the
Purchaser, his divisions and subsidiaries (wholly owned or controlled)
and his subcontractors, and such other records as it may be necessary to
review to confirm the statements submitted by the Purchaser, shall be
open to inspection at any reasonable time by the Commissioner, Bureau of
Indian Affairs, or the Approving Officer or any officer designated by
them for the purpose of obtaining information of the type used by the
Bureau of Indian Affairs in stumpage appraisals and adjustments. The
information so obtained shall be regarded as confidential and shall be
available only to Government employees whose official duties require
access to it. The right of inspection shall extend for a reasonable
time beyond the period of the contract to provide the Bureau of Indian
Affairs an opportunity to obtain relevant information for the full
contract period.
13(i) Maintenance of Order. The Purchaser shall comply with all laws
and regulations relating to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors.
13(j) Officials not to Benefit. No Member of, or Delegate to,
Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom unless
it is made with a corporation for its general benefit.
EXHIBIT A
Map not keyed, see original
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinault INDIAN RESERVATION, Washington
KNOW ALL MEN BY THESE PRESENTS, that I the undersigned, hereby
request, authorize, and empower the Superintendent of the Western
Washington Indian Agency to enter into contract for the sale of the
timber upon the following-described lands: Lot 6 & 7 , Section 35,
Township 24 North, Range 12 West, and Lot 5, Section 36, Township 24
North, Range 12 West., W.M. the same being the allotment of Ellen
Hyasman Heath
Quinault allottee No. 1157, and authorize him to perform every act
necessary and requisite to the consummation of such sale with the same
validity as if I were personally present. Provided that no such
contract shall be made hereunder at stumpage rates per thousand feet
board measure of less than the following $25.65 per M feet, board
measure, for western hemlock and other species.
To be sold to Anderson & Middleton Logging Co. via negotiated sale at
not less than the above stumpage rates. and I do also hereby agree to
grant any contractor holding any contract hereunder and in conformity
herewith, reasonable right-of-way over the above-described lands, or any
other lands in which I hold any interest, provided I shall receive
reasonable compensation for any damage done or incurred through such
right-of-way. The Commissioner of Indian Affairs or his representative
shall definitely determine what shall be considered reasonable damages.
I furthermore agree that the proceeds arising from the sale of this
timber may be disposed of in accordance with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration.
Place Taholah, Wash
Date 600120
Witnesses: Shirley M. Ralston Charlotte Bryson Ellen Hyasman Heath
Ellen Hyasman Heath
STATEMENT AND CERTIFICATE OF AWARD
No. 14-20-510-229 Date 600304
INTERIOR - INDIAN Western Washington Agency Everett, Washington
METHOD OF OR ABSENCE OF ADVERTISING
METHOD OF ADVERTISING
1. By advertising in newspapers. No.
(b) And by notices posted in public places. No.
(If notices were not posted in addition to advertising by circular
letters sent to dealers, explanation of such omission must be made
below.)
ABSENCE OF ADVERTISING
Without advertising in accordance with 25 CFR 141.9 (a)
(Cite law pursuant to which contract was negotiated and the
applicable section and paragraph thereof. If contract was negotiated
under a public exigency which would not admit of the daily incident to
advertising, or because of it being impracticable to secure competition,
state below or on the reverse hereof, the circumstances requiring
negotiation.)
AWARD OF CONTRACT
A. To lowest bidder as to price (Expenditures)
B. To highest bidder as to price (Receipts)
CERTIFICATE
I CERTIFY that the foregoing statement is true and correct; that the
written findings required by law to be submitted with the contract in
case of negotiation, upon a determination by the agency head or other
authorized official that such method of contracting is necessary, are
attached thereto; that the total number of bids received is, and that
where lower bids (expenditure contracts) or higher bids (receipt
contracts) as to price were received, a statement of reasons for their
rejection, together with an abstract of bids received, including all
lower than that accepted in case of expenditure contracts and all higher
in case of receipt contracts, is given below or on the reverse hereof or
on a separate sheet attached hereto; that the articles or services
covered by the agreement (expenditure) are necessary for the public
service; and that the prices charged are just and reasonable.
The Anderson & Middleton Logging Company is presently logging the
Ward Timber Sale Unit adjacent to the subject timber. Since this small
volume of timber is separated from the main part of the allotment by the
steep Salman River canyon, and would be economically impossible to log
along with the rest of the allotment, it would be left standing and
subject to windthrow.
Since it would be practically impossible to secure competition by
formal advertising procedures due to the small volume and location, a
negotiated sale to Anderson & Middleton Logging Company appears to be in
the best interest of the allottee financially and silviculturally.
(ILLEGIBLE)
FOREST OFFICER'S REPORT Negotiated Timber Sale Ellen Hyasman Heath,
Quin. 1157 Quinault Indian Reservation, Washington
The Anderson & Middleton Logging Company is presently logging the
timber from the Rex and Vera Ward Allotments included in the Ward Timber
Sale Unit, described as Lots 5 and 6, and NW1/4SE1/4 Section 34; and
Lot 8, Section 35, Township 24 North, Range 12 West. The Ellen Hyasman
Heath allotment is described as Lots 6 and 7, Section 35; and Lot 5,
Section 36, Township 24 North, Range 12 West.
The portion of this allotment lying in Lot 7, Section 35, is divided
by the Salmon River flowing in a northerly direction. There is
approximately two (2) acres of this Lot situated on the west side of
Salmon River, and isolated from the rest of the allotment. This two
acre tract contains approximately 20,000 board feet of western hemlock
sawtimber, the quality of which is primarily No. 3 grade sawlogs, with a
few No. 2 grade logs. The volume was determined by a 100 percent cruise
of all the trees 12 inches D.B.H. and larger, having one or more
32-foot log to an 8 inch top.
When logging is completed on the Ward Timber Sale Unit to the west,
this small patch of timber will be left standing by itself, separated
from the rest of the main stand on the Hyasman allotment by the river.
Since any operator loging the Ellen Hyasman Heath allotment could not
economically log this small area and volume due to the relative
inaccessibility, it would be left standing and exposed to windthrow and
loss of revenue to the owner.
To prevent these losses, the timber should be logged in conjunction
with operations on adjacent lands. It would also be impractical to
secure competition by formal advertising procedures.
The Anderson & Middleton Logging Company has expressed a willingness
to purchase this small volume of hemlock at the same rate being paid for
hemlock on the Ward Sale, and log it in conjunction with the timber
presently being dut on the Ward Sale.
It is recommended that the timber be negotiated at the stumpage rates
in effect on the Ward Timber Sale Unit, and in accordance with 25 CFR
141.9(a). Proposed contract form is to be Form 5-611", approved 590700,
entitled "Timber Contract for the Sale of Estimated Volumes". Scaling
is to be performed by the Grays Harbor Log Scaling and Grading Bureau.
Date: 600212
Concur: Sgd John W. Libby John W. Libby, Forest Manager
(Sgd) John W. Palmer John W. Palmer, Forester
EXHIBIT A
Map not keyed, see original
REFERENCE NOTE
Certified copies of Articles of Incorporation and By-Laws of the
Anderson & Middleton Logging Company are on file under the Ward Timber
Sale Contracts Nos. 14-20-510-215 & 221.
We hereby certify that Scaling Agreement No. ---- made on 591208
between Anderson & Middleton Logging Co. and the Grays Harbor Log
Scaling and Grading Bureau for scaling services on the Quinault Indian
Reservation is in full force and effect and logs will be scaled under
this agreement for contract(s) No. 14-20-510-229
ANDERSON & MIDDLETON LOGGING CO.
Date: 600304
(ILLEGIBLE)
James G. Middleton, Vice Pres.
Date: 600310
Jack L. Smith Grays Harbor Log Scaling and Grading Bureau.
HEL-012-0939-0966
HEL-012-0937-0966
RINGEY, C W W WASH AGENCY
601128
CORRESPONDENCE
PAO FORESTRY BR
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
566
601205
B. Bassett
Please File and do not return to 330.
Forestry
ash.
RECEIVED
601202
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
For Information
TO Commissioner
FOR ATTENTION OF: Branch of Forestry
FROM Forestry Branch Portland Area Office
DATE 601128
HEL-012-0967-0969
HEL-012-0967-0973
COMM BIA
601125
CORRESPONDENCE
SUPT BIA W WASH AGENCY
RECEIVED
601202
Forestry 339.5 Salvage Sales FRYBERG, Rose Cultee Q#743
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
601125
Mr. Don Dineen Dineen Shake Company 2614 Aberdeen Avenue Aberdeen,
Washington
Dear Mr. Dineen:
Enclosed is your copy of Certificate of Completion and Report of
Timber Cut covering your operations on the Rose Cultee Fryberg Allotment
No. 743, Quinault Indian Reservation. The contract has been
satisfactorily completed and you are relieved of any further liability
under the contract as of the date of this letter.
Your deposit in lieu of bond and the balance in your special deposits
account is being refunded.
Sincerely yours,
Superintendent
Enclosures
Copy to: PAO (CC & ROTC furnished) Hoquiam Sub-Agency w/CC & ROTC
HEL-012-0970-0970-A
HEL-012-0967-0973
DINEEN, D DINEEN SHAKE CO
601114
CORRESPONDENCE
ACT SUPT W WA AGENCY WILCOX, E R
RECEIVED
601202
Forestry 339.5 Q#743 Fryberg, Rose Cult
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Indian Agency 1620 Hewitt
Avenue Everett, Washington
601109
Mr. Don C. Foster
Area Director, Portland, Oregon
Dear Mr. Foster:
Enclosed are Certificates of Completion, in triplicate and Report of
Timber Cut, in duplicate, Contract No. 14-20-0510-231 on the Rose Cultee
Fryberg Allotment No. 743, Quinault Reservation, under contract to Don
Dineen. We have retained our copies.
The contract has been satisfactorily completed and authority is
requested to notify the contractor that he is relieved of further
liability under the contract and to refund the cash deposit in lieu of
bond together with the remaining balance in advance deposits.
Sincerely yours,
ACTING Superintendent
Enclosures
1st Endorcement 601114
Since the above contract is a Superintendent's sale, you have the
authority to refund the cash deposit in lieu of bond and close the sale.
Please send us two copies of your letter to the purchaser closing the
sale. We shall forward one copy to the Central Office.
Earle R. Wilcox Area Forester
RECEIVED
601202
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
490200
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 601110
Indian Office file No. Cont. #14-20-0510-231 Rose Cultee Fryberg
allotment No. 743 Logging unit Contract approved 600527, Expires 610526
Land status: Allotted
Decription (ILLEGIBLE)
Allotment No. 743 Name of allottee Rose Cultee Fryberg
Western Washington Agency
Quinault Reservation
Don Dineen Contractor
Table not keyed, see original
CONTRACTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described land has been removed and I hereby surrender all rights
under the above contract and request to be released from further
obligations under said contract.
Don Dineen
Dated 601108
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
find that all the timber covered by the above contract has been removed,
and recommend that the authorized contractor be released from further
obligation under said contract.
John W. Palmer, Forester
Dated 601108
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
timber cut and funds accrued from the sale of timber on the Land and
under the contract above designated.
(ILLEGIBLE) ACTING Superintendent
Dated 601110
RECEIVED
(ILLEGIBLE)
DISPOSITION OF MONEY
I.I.M. ACCOUNTS
$699.98
U. S. TREASURE
$77.78
I certify that the operations of Don Dineen on the Rose Cultee
Fryberg allotment No. 743 have been satisfactorily completed in
accordance with the terms of the contract.
John W. Palmer, Forester
I certify that the Volume and Value of timber cut and disposition of
money collected, as shown above, have been correctly abstracted from the
books of account at this Agency.
M. Patience Isom, Forestry Clerk
HEL-012-0971-0973-B
HEL-012-0968-0973
FOSTER DC BIA PORTLAND
600603
CORRESPONDENCE
RINGEY, C W W WASH AGENCY
600614
B. Bassett
Please make up Base File and do not return to 330.
West Wash 7235-60-339
Forestry
Allotment #743-Quinault
RECEIVED
600613
Forestry-339.5 Salvage Sale Quin. 743
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
600603
Mr. Don C. Foster
Area Director, Portland, Oregon
Dear Mr. Foster:
Enclosed is copy of Timber Contract No. 14-20-0510-231, covering the
sale of cedar salvage material from the Rose Cultee Fryberg Allotment
No. 743, Quinault Reservation, Washington. This copy is for your files.
Sincerely yours,
C. W. Ringey, Superintendent
Enclosures - 1
cc - Central Office w/copy contract through Area Office
RECEIVED
600613
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Allotment
Contract No. 14-20- 0510-231
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Rose Cultee Fryberg Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and in accordance with the
regulations contained in 25 CFR 141.
2. Parties to the Contract. The parties to this contract are Rose
Cultee Fryberg, #743 hereinafter called the Seller, as represented by
the Superintendent, Western Washington Indian Agency and Don Dineen of
Aberdeen, Washington, hereinafter called the Purchaser.
3. Bureau of Indian Affairs Representatives.
(a) Approving Officer. The Superintendent, Western Washington Indian
Agency or his authorized representative, is hereinafter called the
Approving Officer.
(b) Superintendent. The Superintendent, Western Washington Indian
Agency or his authorized representative, is hereinafter called the
Superintendent.
4. Timber Sold. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to buy, in accordance with the terms and conditions of
this contract and the attached Standard Timber Contract Provisions,
hereinafter called the Standard Provisions, which are made a part
hereof, all the merchantable timber, living or dead, designated for
cutting by the Bureau of Indian Affairs within the boundaries of this
logging unit.
5. Expiration Date. Unless this contract is extended in accordance
with Section 2(e) of the Standard Provisions, the Purchaser shall cut
and pay for all designated timber and shall complete all other
obligations on or before the contract expiration date of 610526.
6. Unit Description. This unit is located in the Rose Cultee
Allotment #743, described as the (ILLEGIBLE) Section 32, Township 23
North, Range 10 West, Williamette Meridian, Washington and includes the
following approximate area:
Table not keyed, see original
The unit boundaries are shown approximately on the map attached
hereto as Exhibit A and made a part hereof. The boundaries have been
marked on the ground by the Bureau of Indian Affairs unless other-wise
specified in Section 18.
7. Estimated Volumes. (a) Designated Timber. The estimated volume
of timber to be designated for cutting is:
Table not keyed, see original
The foregoing is an estimate only and shall not be construed as a
guarantee or a limitation of the volume to be designated for cutting.
The actual volume of timber designated for cutting in accordance with
the terms of this contract and the Bureau's approved procedures shall be
controlling, regardless of whether it is more or less than the above
estimate.
(b) Additional timber. In addition to the timber specified above,
this sale also includes any other timber on the contract area which must
be cut or removed in clearing for roads, landings, camps and other
improvements constructed by the Purchaser and all other timber seriously
damaged in logging operations under this contract, if, in the opinion of
the Approving Officer, the timber is merchantable for any product in
accordance with customary standards and is present in sufficient
quantities to permit economic removal to existing markets.
8. Payment for Timber. The Purchaser shall pay for all timber
covered by this contract in accordance with the provisions of Section 4
of the Standard Provisions.
The minimum advance deposit shall be $100.00
9. Stumpage Rates.
(a) Designated Timber. The stumpage rates to be paid during the life
of this contract for timber specified in Section 7(a) shall be the bid
rates shown below:
Table not keyed, see original
(b) Additional Timber. Timber of species and products not specified
in Section 9(a) above which may be cut pursuant to Section 7(b) shall be
paid for during the life of this contract at the appraised rates shown
below:
Table not keyed, see original
10. Liquidated Damages for High Stumps. The following liquidated
damage rates shall be charged for stumps cut in excess of the maximum
height specified in Section 5(b) of the Standard Provisions:
Species Section 5 of the Standard Provisions shall not apply.
Rate Per Stump
11. Merchantability. Trees, when designated for cutting, and
products cut from those trees, shall equal or exceed the following
minimum specifications:
Table not keyed, see original
12. Designating Timber for Cutting.
All of the standing and fallen dead redcedar, suitable for the
manufacture of shakeboards within the point designated for cutting,
shall be cut. The boundaries of the unit have been clearly marked with
flagging tape. Such boundaries have been determined by ownership. The
objective is the salvage of the standing and fallen dead timber.
13. Cutting Schedule.
(a) Minimum Annual Cut. The Purchaser shall cut and pay for not less
than does not apply during the Calendar year 000000 and not less than
each subsequent calendar year.
(b) Maximum Annual Cut. The maximum volume of timber that may be cut
in any calendar year shall be
14. Volume Determination.
(a) Designated Timber.
The purchaser agrees to stop at a designated Scale Station for the
counting of all shake boards cut from this allotment between the hours
of 8:00 a.m. and 4:00 p.m., Monday through Friday.
(b) Additional Timber. None
15. Slash and Snag Disposal. Sections 9(a), 9(b) and 9(c) of the
Standard Provisions shall not apply.
16. Road Construction and Maintenance. See Section 10 of the
Standard Provisions.
17. Performance Bond. The Purchaser delivers herewith and agrees to
maintain a bond satisfactory to the Approving Officer in the sum of
$200.00 conditioned upon the faithful performance of all the terms of
this contract.
18. Special Provisions.
(a) The purchaser further agrees that he will leave the boundaries
and corners of the sale area well marked while logging is in progress,
and to leave them well marked at the completion of this contract.
(b) The initial deposit with bid in the amount of $200.00 shall be
held as cash bond to guarantee full performance by the purchaser under
the terms of this contract, and any extension thereof. The purchaser
constitutes and appoints the Superintendent and his successors in office
as his attorney-in-fact, and agrees that in case of any default in the
performance of any of the conditions or stipulations of the contract,
said attorney-in-fact shall have full power to apply the deposit in the
satisfaction of any damages, costs, expenses and deficiencies arising by
reason of such default and the purchaser for himself, heirs, executors,
administractors and assigns, ratifies and confirms whatever said
attorney-in-fact shall do hereunder.
(c) By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands and is authorized to act for the Bureau in
such matters.
19. Effective Date. This contract shall become effective on the
date of approval by the Approving Officer.
Signed and Sealed in sextuplet as of 600525
PURCHASER
Witnesses: Kay Filyew ILLEGIBLE Don Dineen Name of corporation,
partnership or individual
SELLER W.J. DeCelle Allottee or his legal representative ACTING SUPT.
Signed for the pursuant to Resolution No. passed by its tribal
governing body in a meeting held at
on 19
APPROVING OFFICER Approved 600527 Name (Sgd) W.J. DeCelle Title
ACTING SUPT
If Purchaser is a corporation, the following certificate must be
executed:
I, certify that I am the Secretary of the corporation named as the
Purchaser herein; that , who signed this contract was then of said
corporation; that said contract was duly signed for and in behalf of
said corporation; by authority of its governing body, and is within the
scope of its corporate powers.
CORPORATE SEAL
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISIONS
Table not keyed, see original
The following Standard Timber Contract Provisions are hereby
prescribed for use in contracts for the sale of timber from Indian lands
except as otherwise provided by the Secretary of the Interior or his
authorized representative in particular sales.
1. Definitions. As used in these provisions and in the contract to
which they are attached:
1(a) "Approving Officer" means the officer approving the contract or
his authorized representative.
1(b) "Commissioner" means the Commissioner of Indian Affairs or his
authorized representative.
1(c) "Area Director" means the Area Director of the Bureau of Indian
Affairs Area within which the sale area is located, or his authorized
representative.
1(d) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the sale area, or
his authorized representative.
1(e) "Officer In Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the sale area.
1(f) "Seller" means the Indian tribe or the individual owner or
owners of the timber sold under the contract.
1(g) "Purchaser" means the purchaser of timber under the contract and
his successors in interest.
2. General Conditions.
2(a) Title and Risk of Loss. Title to the timber covered by the
contract shall not pass to the Purchaser until it has been paid for and
cut, except that in single payment sales based on tree measurement or
other estimate of total volume obtained prior to the sale, the title to
timber shall pass to the Purchaser when the sale contract has been
approved by the Approving Officer and the timber has been paid for.
Passage of title to the Purchaser shall not affect the Bureau of Indian
Affairs' right to control the movement of timber until the volume has
been determined. In the event any timber covered by the contract is
destroyed or damaged by fire, wind, flood, insects, diseases or other
cause to the extent that it is unmerchantable, the party holding title
to the timber shall bear the loss except as otherwise provided in
Section 11(e) herein with respect to Purchaser fires as defined in
Section 11(d) herein, and there shall be no obligation on the part of
the Bureau of Indian Affairs to designate, or on the part of the
Purchaser to accept and pay for, other timber in lieu of that destroyed
or damaged. If timber or products which have been paid for under this
contract are not removed from the sale area on or before the expiration
date of the contract, title shall revert to the Seller. Nothing in this
paragraph shall be construed to relieve either party of liability for
negligence.
2(b) Interpretation of Contract. The decision of the Approving
Officer shall prevail in the interpretation of the contract, subject to
the right of appeal prescribed in Section 2(j) herein.
2(c) Modification. The conditions of sale as set forth in the
contract may be modified only through an agreement in writing between
the Seller and the Purchaser. No modification shall become effective
until approved by the Approving Officer. When a surety bond has been
furnished by the Purchaser, he must, prior to approval of the
modification, either obtain a commitment from the surety to continue the
bond under the modification or furnish a new bond.
2(d) Assignment of Interest. The assignment by the Purchaser of any
or all of his interest under the contract shall not affect any of the
obligations of the parties or the Secretary under the contract until the
assignment has been approved by the Approving Officer after consultation
with the Seller. The party to whom an interest is assigned must provide
a bond as specified in the contract or obtain a commitment from the
previous surety to be bound by the assignment when approved. The
approval of an assignment by the Approving Officer shall not operate to
change the provisions of the contract. Unless otherwise provided for
therein, an assignment shall not relieve the assignor of any of the
responsibilities and liabilities under the contract.
2(e) Extension of time. An extension of time for the performance of
the contract may be granted to the Purchaser by the Approving Officer,
for reasons satisfactory to the Approving Officer, after consultation
with the Seller. Extensions of time shall be subject to such conditions
as the Approving Officer may impose. When a surety bond has been
furnished by the Purchaser, he must prior to any such extension, either
obtain a commitment from the surety to continue the bond during the
extension or he must furnish a new bond. Requests for extension of time
may be considered only if submitted in writing by the Purchaser to the
Superintendent prior to the expiration date of the contract.
2(f) Suspension of Operations. The Superintendent may, after written
notice to the Purchaser, suspend any or all of the Purchaser's
operations under the contract if the Purchaser violates any of the
requirements of the contract. Such suspension of operations may be
continued by the Superintendent until there is satisfactory compliance.
After written notice from the Approving Officer, continued failure to
comply with any of the requirements of the contract shall be grounds for
the revocation by the Approving Officer of all rights of the Purchaser
under the contract and the Purchaser shall be liable for all damages
resulting from his breach of contract as described in the following
section.
2(g) Failure To Complete Contract. In the event of failure to
complete all obligations assumed under the contract, the Purchaser shall
be liable for the depreciation in the value of the remaining timber and
for any costs or expenses incurred by or caused to the Seller or the
Government as a result of such failure, in an amount to be determined by
the Approving Officer.
2(h) Termination of Contract. The contract may be terminated at any
time by written agreement between the Seller and the Purchaser.
Termination agreements shall not become effective until approved by the
Approving Officer.
2(i) Disputes. Either of the parties to the contract may submit
complaints of any action or decision under the contract by the
Superintendent or the Officer in Charge in accordance with the following
procedure. Complaints shall be made in writing to the Superintendent.
If the Superintendent is not the Approving Officer of the contract and
the dispute is not resolved to the satisfaction of the parties, a
written complaint may then be submitted to the Area Director. If the
Area Director is not the Approving Officer and his decision is not
satisfactory to the parties, a complaint may be submitted in writing to
the Commissioner. Complaints shall be made within 30 days of the action
or decision in dispute unless the party making the complaint furnishes
reasons satisfactory to the officer receiving the complaint for granting
a longer period of time, in which case the officer may extend the period
for such length of time as he deems reasonable. Decisions of the
Approving Officer may be appealed to the Secretary in accordance with
the provisions of the following section.
2(j) Appeals. The parties to this contract may appeal, in accordance
with such rules and regulations as the Secretary of the Interior may
from time to time prescribe, any action or decision taken by the
Approving Officer or his superior officers. The decision of the
Secretary shall be final subject to lawful judicial remedies.
2(k) Bureau of Indian Affairs Representative.; Notices, requests or
other action where formal written notice is required herein, or is
appropriate, shall be accepted for the Bureau of Indian Affairs by the
Superintendent.
3. Timber To Be Reserved. No timber may be cut except that which is
designated by the Officer in Charge. A strip of timber on each side of
streams, roads and trails, along lake shores, in the vicinity of camping
places and recreational or ceremonial grounds, and timber in immature
stands or other areas which should not be disturbed because of
silvicultural, watershed protection or other reasons, may be reserved in
which little or no cutting shall be allowed.
4. Payments and Deposits.
4(a) Method of Payment. The Purchaser shall pay for the timber
covered by the contract in advance of cutting, as a single payment or
installment payments in sales of predetermined volumes or in the form of
advance payments or advance deposits in sales of estimated volumes.
Payment shall be by certified check, cashier's check, bank draft or
postal money order, drawn payable to the Bureau of Indian Affairs, or in
cash. All payments shall be transmitted to the Superintendent.
4(b) Advance Payments on Allotment Timber. Advance payments are
partial payments of the estimated value of timber to be cut on each
allotment and are required in all sales of allotment timber unless the
full purchase price is paid before the contract is approved. Advance
payments may be paid to the allotment owner as soon as received and are
not refundable. Such payments shall be credited against the allotment
timber as it is cut and scaled, at the stumpage rates in effect at the
time of scaling. The Purchaser shall pay 15 percent of the estimated
value of the timber to be cut, computed at the bid rates, within 30 days
from the date of approval of each allotment contract and before cutting
begins. The Purchaser shall make additional advance payments of 15
percent of the estimated value within 3 years and 20 percent within six
years, if the contract extends beyond those periods. Advance deposits
previously applied against timber cut on the allotment shall be included
in computing the payments. The Approving Officer may, in his
discretion, reduce the original estimate of the volume of timber to be
cut on any allotment because of error of estimate, losses from fire or
other causes, or for similar reasons, but not because of depletion from
cutting. If the advance payments on any allotment exceed the total
value of the timber cut on that allotment by the Purchaser, the amount
of the advance payments shall be declared to be the value of the timber
so cut.
4(c) Advance Deposits. Advance deposits are used in sales of
estimated volumes to maintain an operating balance against which the
value of the timber to be cut from either tribal or allotted lands will
be charged. The unobligated balance of advance deposits may be refunded
pursuant to Section 4(c) (3) herein. The Purchaser shall make advance
deposits in such amounts and at such times as called for by the
Superintendent. The amount of any advance deposit shall not be less
than the minimum amount specified in the contract, except as provided in
Section 4(c) (2) herein. The Purchaser shall not be required to provide
an advance deposit balance at any time of more than three times the
amount of the minimum advance deposit specified in the contract. The
estimated value of timber cut but not yet scaled shall be deducted from
the advance deposits then in the hands of the Superintendent in
computing the advance deposit balance. Advance deposits shall be
applied to timber cut from tribal lands and shall be applied to
allotment timber only after the advance payments on the allotment being
cut have been exhausted. Advance payments on allotment timber shall not
operate to reduce the size of the advance deposits that may be required
by the Superintendent.
(1) Suspension of Operations. If advance deposits are not received
within 15 days of written request therefor, or if at any time the
balance of advance deposits is reduced to one-third of the required
minimum advance deposit, the Superintendent may suspend all or any part
of the operations until the requested advance deposit is received.
(2) Reduction of Advance Deposits. The Superintendent may reduce the
minimum size of the last advance deposit before completion of the sale
or before periods of approximately three months or longer during which
no timber cutting is anticipated.
(3) Refund of Advance Deposits. If the balance of advance deposits
at the time cutting operations are suspended for approximately three
months or longer is in excess of one-third of the minimum advance
deposit specified in the contract, such excess may be refunded at the
request of the Purchaser and in the discretion of the Superintendent.
However, no refund shall be made if an unexcused deficiency in minimum
cutting requirements exists. Final refund of the total unobligated
balance of advance deposits shall be authorized by the Approving Officer
after all the terms of the contract have been satisfactorily completed.
5. Utilization.
5(a) Sales of Estimated Volumes. In sales in which the volume of
timber is to be determined by measurement of cut products, timber shall
be cut to utilize fully the merchantable material and to yield the
maximum stumpage value. Timber cut into lengths or products of lesser
value shall be scaled as if cut to yield the maximum value of products
covered by the contract. Stumps shall be cut as low as practicable to
avoid waste. The mean height of any stump shall not exceed one-half of
its diameter, except that where this height is considered to be
impracticable higher stumps may be authorized by the Officer in Charge.
Stumps which exceed the maximum height shall be paid for by the
Purchaser at the rates per stump specified in the contract, which
charges, in view of the difficulty of determining the actual damage to
the Seller, shall be regarded as fixed, agreed and liquidated damages.
In addition, the Officer in Charge may require the Purchaser to recut
such stumps to the maximum allowable height.
5(b) Sales of Predetermined Volumes. In sales in which the volume of
timber sold was determined prior to the sale, the Officer in Charge may
require the Purchaser to recut stumps which exceed the maximum height as
defined in Section 5(a). In these sales, the Purchaser is expected to
practice full utilization but no charge shall be made for poor
utilization of timber represented by the predetermined volumes.
6. Cutting Schedule. In sales of estimated volumes, if the actual
volume of timber designated for cutting exceeds the estimated volume
shown in the contract by such an amount that the contract limitation on
the maximum annual cut prevents the Purchaser from cutting all
designated timber prior to the date specified in the contract, the
Approving Officer, after consultation with the Purchaser and the Seller,
shall in his discretion, either increase the maximum annual cut or
extend the contract or both, subject to such conditions as he deems most
equitable to both parties.
6(a) Minimum Volume. The minimum volume required by the contract
shall be cut and paid for each year from the sale area. During the last
calendar year of the contract, the actual volume of timber designated
for cutting shall be controlling if less than the minimum volume
required.
(1) Relief From Minimum Requirements. The Approving Officer, at the
request of the Purchaser and after consultation with the Seller, may
relieve the Purchaser in whole or in part from the minimum annual
cutting and paying requirements when, in the opinion of the Approving
Officer, the Purchaser is prevented by factors beyond his control from
meeting the minimum cutting requirements or when such relief is in the
best interest of the Seller.
(2) Payment for Deficiencies. If the Purchaser fails to meet the
minimum cutting requirements and no relief is granted, the volume of
timber scaled during the following calendar year shall not be applied to
the minimum requirements for that year until the existing deficiency has
been made up. All timber scaled during each quarter-annual period
beginning 000101, 000401, 000701 and 001001 in which a deficiency exists
shall be paid for at the stumpage rates in effect on 001231 of the year
in which the deficiency occurred or at the rates in effect at the time
of scaling, whichever are the higher.
6(b) Maximum Volume. The volume of timber cut on the sale area
during any calendar year, not including the cutting deficiencies from
any previous year or years or the volume of timber salvaged pursuant to
Section 6(c) herein, shall not exceed the maximum volume specified in
the contract without the consent of the Approving Officer after
consultation with the Seller. Logging performance in any calendar year
beyond the minimum required therefor shall not be applied against the
cutting requirements of subsequent calendar years unless authorized by
the Approving Officer after consultation with the Seller.
6(c) Salvage of Damaged Timber. As used in this section, "Damaged
timber" shall include any timber within the unit of the species and
minimum merchantability specified in the contract which is damaged but
not rendered unmerchantable by insects, disease, windthrow or
non-Purchaser fires subsequent to the date the contract is approved. In
contracts for the sale of predetermined volumes in which minimum
merchantability standards are not specified, merchantability shall be
determined in accordance with customary standards. The Purchaser shall
cut and pay for damaged timber as expeditiously as possible and as the
Approving Officer may direct. If, in the opinion of the Approving
Officer, additional salvage operations are necesary to prevent losses to
the Indian owners, he may offer all or part of the damaged timber for
sale under one or more separate contracts.
7. Volume Determination. The term "scaling," as used in these
Provisions, may include scaling by log rule, measuring, counting,
weighing, tree measurement before felling or any other reasonable method
prescribed by the Approving Officer.
7(a) Bureau of Indian Affairs To Scale. All timber covered by the
contract shall be scaled by authorized employees of the Bureau of Indian
Affairs.
7(b) Convenience in Scaling. The Purchaser shall roll out, deck or
otherwise present products in a manner suitable for economical scaling
as the Officer in Charge may reasonably direct. The points at which
products shall be presented for scaling shall be designated by the
Officer in Charge and may include the place where cut, a landing or
point of shipment, or other points. Products shall not be moved from
the designated scaling point until they have been scaled, and until they
have been stamped, numbered or otherwise released by the Officer in
Charge. Products that are moved contrary to the instructions of the
Officer in Charge shall be paid for by the Purchaser at double the
contract stumpage rates. The Officer in Charge may require that
products be decked, stacked or otherwise held for scaling when the
average daily volume produced is too small to permit economical scaling.
7(c) Scaling Logs. The Scribner Decimal C log rule shall be used in
scaling all logs. The log rule shall be read to the nearest inch on the
average diameter inside bark at the small end of the log. The maximum
scaling length of a single log shall be 16 feet. All logs exceeding the
maximum scaling length shall be scaled as two or more logs. The
following allowance shall be made for trimming:
Table not keyed, see original
Logs overrunning the trim allowance shall be scaled to the next
standard one foot length. Deductions shall be made from the gross
volume for rot, shake, hollow, check, sweep, crook or other visible
defects, but no deduction shall be made for blue stain when not
accompanied by other evidence of deterioration or for any defect or
damage due to the carelessness of the Purchaser. Products presented for
scaling in other than sawlog form shall be scaled as provided in the
contract.
7(d) Unmerchantable Material. Material which is more defective than
the minimum merchantable percentage and material smaller than the
minimum merchantable size, as specified in the contract, shall be culled
if left in the woods, but any such material that is taken for
manufacture or sale shall be scaled for its actual sound contents.
7(e) Scaling Waste Material. Waste in long butts, tops, broken and
partially sound logs, in other products, and in all trees designated for
cutting which are not cut or which are left felled, lodged or badly
damaged by the logging operations shall be paid for by the Purchaser at
the contract stumpage rates, except that no additional charge shall be
made for such waste material in trees the volume of which was determined
prior to the sale. The Purchaser may be required to pay at double the
contract stumpage rates for merchantable timber not designated for
cutting which is cut or seriously injured through carelessness. If
timber is injured to the extent that, in the opinion of the Officer in
Charge, it will constitute a hazard to residual trees if not removed,
the Purchaser may be required to remove such timber. Any waste material
which is paid for shall become the property of the Purchaser and may be
removed from the sale area at any time prior to the expiration date of
the contract.
7(f) Marking Products. When a separate record of the volume of
timber cut from allotments or other areas is required by the Bureau of
Indian Affairs, the Purchaser shall mark all unscaled products with
distinctive brands, as directed by the Officer in Charge, to permit
positive identification of the products with the land from which they
were cut.
7(g) Scale Reports. A copy of each 10-day scale report showing the
number of pieces and the volume and value of all products scaled under
the contract during the reporting period shall be furnished to the
Purchaser by the Superintendent. A copy of each Report of Timber Cut
showing the volume and value of timber scaled and the balances in
advance payments and advance deposits shall be furnished to the
Purchaser.
7(h) Purchaser's Check Scale. The Purchaser may arrange with the
Bureau of Indian Affairs scaler, through the Officer in Charge, for a
check scaler employed by the Purchaser to compare his scale with that of
the Bureau of Indian Affairs scaler, at hours convenient to the Officer
in Charge.
8. Logging Requirements.
8(a) Logging Plans. The Approving Officer may require the Purchaser
to present seasonal plans of logging operations for approval before
operations begin. When a logging plan has been approved there shall be
no substantial departure from it without the written consent of the
officer who approved the plan. The areas to be logged in any season may
be designated by the Approving Officer when, in his judgment, such
action is necessary to prevent deterioration of timber from fire,
insects, disease or other cause, or to insure that the sale area is
logged in such a manner as to protect fully the interests of the Seller
and the Government. The Officer in Charge may require the Purchaser to
complete logging operations begun on an allotment or on a natural
topographic unit before operations are moved to another part of the sale
area.
8(b) Logging Methods. The Purchaser's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
8(c) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the sale area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
8(d) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Purchaser may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the
Purchaser, may suspend tractor operations in whole or in part for
such periods as he may deem necessary to avoid excessive damage when
ground conditions are unfavorable.
9. Slash and Snags.
9(a) Treatment of Slash. The treatment of slash shall be
accomplished by the Purchaser concurrently with other phases of logging
operations. Slash shall mean limbs, tops, damaged young growth and
other material up to 4 inches in diameter resulting from logging, road
construction or other operations by the Purchaser.
9(b) Burning Slash. The Purchaser shall lop and pile all slash
compactly for burning. Slash piles shall be placed a sufficient
distance from reserved trees and reproduction to prevent unnecessary
damage in burning. The Purchaser shall burn slash in such a manner and
at such times as the Officer in Charge may direct. Whenever the
Purchaser allows fire to run through slash, except in compliance with
the instructions of the Officer in Charge, the Purchaser may be required
to lop and scatter or repile and reburn the slash. The Purchaser shall
make every reasonable effort to control and suppress all fires which may
spread from his slash burning operations, but he shall not be held
liable for damages caused by slash burning operations conducted in
compliance with the instructions of the Officer in Charge unless such
damages are due to the Purchaser's carelessness or negligence in the
execution of instructions. The Purchaser may be reimbursed for his
costs in suppressing slash fires not due to his carelessness or neglect.
9(c) Snag Felling. The Purchaser shall fell all unmerchantable dead
trees, within the area cutover, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed in each part of the sale area as soon as practicable
after skidding and before the slash is burned, if burning is required.
The Purchaser may be relieved of snag felling requirements on
specifically designated areas by the Superintendent at the request of
the tribal governing body on unallotted lands or at the request of the
Indian owners on allotted lands.
10. Transportation Facilities.
10(a) Authorization. The Purchaser is authorized to construct and
maintain on the contracted area and on other unallotted Indian lands
such roads, bridges and other transportation facilities as are necessary
for logging operations under the contract, subject to applicable
regulations and such conditions as the Approving Officer may impose.
Construction of transportation facilities shall not convey the right of
exclusive use to the Purchaser. In these Provisions, "construction"
shall also include reconstruction.
10(b) Road Construction. The location and design of all roads to be
constructed by the Purchaser shall minimize damage to Indian lands. The
Approving Officer may, before construction begins, require approval of
road locations and design by inspection or through the submission of
plans and specifications for the location and design of roads and
appurtenant structures.
10(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Purchaser's operations.
(1) Existing Bureau of Indian Affairs Roads. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Purchaser uses existing Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Purchaser and the Superintendent. In the event of
disagreement, the determination shall be made by the Superintendent.
(2) Roads Constructed by Purchaser. Main roads which are constructed
by the Purchaser and which are designated by the Approving Officer as
roads that will be used as principal access for subsequent
administration, management or protection of Indian timber shall be
maintained by the Purchaser to prevent deterioration in periods of
non-use during the life of the contract. Required maintenance may
include blading the surface to remove ruts and other obstructions to
surface drainage, cleaning drainage ditches, cleaning and repairing
drainage structures or other action prescribed by the Officer in Charge.
Similar maintenance may be required on such designated roads prior to
abandonment.
10(d) Use by Other Parties. Roads constructed by the Purchaser under
authority of the contract or on rights-of-way held by the Bureau of
Indian Affairs may be used by other parties as authorized by the
Approving Officer, provided that, in the opinion of the Approving
Officer, the use by other parties will not cause unreasonable
interference with the operations of the Purchaser. Such other parties
shall provide improvements and maintenance to the roads as may be
reasonable and equitable to prevent appreciable increases in the
Purchaser's costs of operation as a result of joint use. The extent of
such obligations shall be agreed upon by the parties concerned, subject
to a final determination by the Approving Officer if the parties
disagree.
10(e) Improvements. All bridges, drainage structures, cattle guards
or other improvements installed on any road by the Purchaser shall be
left intact at the completion of logging operations, unless the removal
of such improvements is authorized or required by the Approving Officer.
11. Fire Prevention and Suppression.
11(a) Fire Plans. When requested by the Approving Officer, the
Purchaser shall prepare, in cooperation with the Officer in Charge, a
plan for the prevention and suppression of fires on the sale area for
the approval of the Approving Officer. The plan shall fully reflect the
Purchaser's fire protection obligations under the contract. Neither the
approval of the plan nor anything contained therein shall relieve the
Purchaser from any responsibility under the terms of the contract.
11(b) Fire Precautions. The Purchaser shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Approving Officer to meet the fire
protection requirements of the contract and the existing fire danger.
The requirements shall not be less than are required under the laws of
the State in which the sale area is located.
11(c) Fire Supression. The Purchaser shall take immediate and
independent Initial fire suppression action on all fires on the sale
area and shall use all necessary manpower and equipment at his disposal,
including the employees and equipment of his subcontractors engaged on
or near the sale are in construction or in logging, removing or
processing timber. When called upon by the Officer in Charge, the
Purchaser shall make available any or all of his manpower and equipment,
including that of his subcontractors, for hire by the Bureau of Indian
Affairs and to work under the direction of any authorized employee of
the Bureau of Indian Affairs in the suppression of any fire on or
threatening Indian lands.
11(d) Fire Suppression Costs.
(1) Purchaser fires. If the Purchaser, his employees, his
subcontractors or their employees, are responsible by act or negletct
for the origin or spread of a fire, hereinafter called a Purchaser fire,
the Purchaser shall pay all the costs of fire suppression, including
those incurred by the Bureau of Indian Affairs.
(2) Non-Purchaser Fires. Fires for which the Purchaser or his
employees, his subcontractors or their employees, are in no way
responsible by act or neglect are hereinafter called non-Purchaser
fires. The Purchaser's costs of suppressing such fires shall be
computed at rates established by the Bureau of Indian Affairs.
On the sale area the Purchaser shall pay one-half of the total
suppression costs of non-Purchaser fires, provided that the Purchaser's
obligation shall be limited in any calendar year to a maximum of one
percent of the total estimated value of the timber covered by the
contract computed at the estimated volumes and the bid rates shown in
the contract. In the event that other sales are made within the sale
area in accordance with Section 13(a) herein, the Purchasers shall share
the obligation to pay one-half of the total suppression costs of
non-Purchaser fires according to the relationship of the total estimated
value of the timber covered by each contract to the total estimated
value of the timber covered by all of the contracts. However, if a fire
is determined to be a Purchaser fire with respect to one of the
Purchasers, he shall be liable for all of the suppression costs of other
Purchasers on the sale area.
Outside the sale area, the Purchaser shall be reimbursed for all of
his costs in suppressing non-Purchaser fires.
The Provisions of this section shall not be construed as relieving
the Purchaser of fire suppression costs for which he is otherwise liable
under State law.
11(e) Liability for Fire Damage. The Purchaser shall pay for all
damages caused by a Purchaser fire to timber or any other property of
the Indiana or the Government in an amount to be determined by the
Approving Officer. The Purchaser's liability for losses sustained by
the Indians or the Government from non-Purchaser fires shall be in
accordance with the provisions of Section 6(c) herein.
12. Improvements.
12(a) Existing Improvements. The Purchaser may be given permission
to use existing improvements which are already on lands covered by the
contract and which are necessary for his logging operations under the
contract, subject to applicable regulations and such conditions as the
Approving Officer may impose. All telephone lines, fences, roads,
trails and other improvements shall be protected as far as possible in
all phases of the Purchaser's operations and, whenever they are damaged,
the Purchaser may be required to repair them promptly to as good
condition as before the damage.
12(b) Damage to Land and Other Property. Damage to land or other
property of the Indiana or the Government which cannot be repaired shall
be paid for by the Purchaser in an amount to be determined by the
Approving Officer. In determining the amount of such damages, the
Approving Officer shall consider the value of any permanent improvements
made to the land by the Purchaser.
12(c) Construction of Improvements. The Purchaser, with the approval
of the Approving Officer and subject to such conditions as he may impose
and to applicable regulations, may construct on lands covered by the
contract such improvements as are necessary for his operations under the
contract.
12(d) Use of Timber. Fuelwood and improvements shall be made as far
as practicable from unmerchantable timber and such material shall not be
charged to the Purchaser. The use of any material not covered by the
contract from Indian lands may be restricted by the Approving Officer.
12(e) Removal of Property. The Purchaser shall remove all of his
improvements and other property within six months from the expiration
date of the contract except for improvements installed on roads as
provided in Section 10(e) herein or unless he is authorized by the
Approving Officer to leave such improvements. After that time, the
title to all improvements and to other property shall attach to the
land.
12(f) Sanitation. All improvements constructed or used by the
Purchaser on lands belonging to the Indians or the Government, such as
camps, mills and other structures, and the grounds adjacent thereto,
shall be maintained in a clean and sanitary condition. Rubbish shall be
removed and properly buried or burned during the occupancy of such
structures. Upon the abandonment or removal of improvements, the sites
shall be thoroughly cleaned up and all rubbish and debris shall be
disposed of.
13. Other Conditions.
13(a) Other Sales Within Sale Area.
(1) Salvage Sales of Minor Volumes. Separate salvage rules of minor
volumes of timber covered by the contract may be made when the Approving
Officer and the Purchaser agree in writing that the scattered location
of single trees or small groups of trees to be salvaged cannot
reasonably be removed in the Purchaser's operations.
(2) Other Material. Other sales may be made within the sale area of
material not included in the terms of the Purchaser's contract, provided
such sales will not, in the judgment of the Approving Officer, cause
unreasonable interference with operations of the Purchaser. Other
Purchasers may be required to provide improvements to
Purchaser-constructed roads in accordance with Section 10(d) herein.
13(b) Rights-of-Way. Rights-of-way may be granted to other parties
through any portion of this sale area during the life of the contract
provided such rights-of-way will not, in the judgment of the Approving
Officer, cause unreasonable interference with the operations of the
Purchaser.
13(c) Bureau of Indian Affairs Services. The Bureau of Indian
Affairs will furnish scaling, marking and other services within a basic
workweek of 8 hours per day for 5 days per week, exclusive of Sundays
and Government holidays, unless additional services are requested by the
Purchaser and approved by the Superintendent. The Purchaser shall pay
for additional services as required by the Act of 560730 (25 U.S.C.
407d).
13(d) Purchaser and Bureau of Indian Affairs Representatives on Sale
Area. At all times when construction or logging operations are in
progress, the Purchaser shall have a representative readily available in
the area of such operations who shall be authorized to receive in behalf
of the Purchaser any notices or instructions from the Officer in Charge
or other authorized representative of the Bureau of Indian Affairs in
regard to performance under the contract and to take such action thereon
as is required by the terms of the contract. Written designation of the
representative may be required by the Superintendent. At the request of
the Purchaser, the Superintendent shall designate in writing the name of
the Bureau of Indian Affairs representative who shall supervise
operations under the contract.
13(e) New Bond. Whenever any bond furnished to guarantee obligations
under the contract shall be unsatisfactory to the Approving Officer he
may require the Purchaser to furnish a new bond which shall be
satisfactory to the Approving Officer.
13(f) Indian Labor. The Purchaser shall employ Indian labor at the
same wages as other labor and in preference to other labor not already
in his employ whenever Indian labor seeks employment and is competent.
13(g) Financial Statements. At the close of each year used by the
Purchaser as a basis for his records, and no later than the date
specified by the Approving Officer, the Purchaser shall submit to the
Superintendent three copies each of a balance sheet, profit and loss
statement and detailed statement of operating costs and sales. The
statements shall be of a form satisfactory to the Commissioner, and
shall be certified by a certified public accountant and the Purchaser.
In addition to or in lieu of the statements by the Purchaser, the
Commissioner in his discretion may require the Purchaser to submit such
certified statements for his divisions and subsidiaries (wholly owned or
controlled) or his subcontractors which are engaged in operations under
the contract or in the manufacture or sale of products produced
thereunder. The statements shall be considered as confidential material
and shall be available only to Government employees whose official
duties require access to the information therein.
13(h) Purchaser's Records. Records pertaining to the logging,
manufacture and sale of material covered by the contract by the
Purchaser, his divisions and subsidiaries (wholly owned or controlled)
and his subcontractors, and such other records as it may be necessary to
review to confirm the statements submitted by the Purchaser, shall be
open to inspection at any reasonable time by the Commissioner, Bureau of
Indian Affairs, or the Approving Officer or any officer designated by
them for the purpose of obtaining information of the type used by the
Bureau of Indian Affairs in stumpage appraisals and adjustments. The
information so obtained shall be regarded as confidential and shall be
available only to Government employees whose official duties require
access to it. The right of inspection shall extend for a reasonable
time beyond the period of the contract to provide the Bureau of Indian
Affairs an opportunity to obtain relevant information for the full
contract period.
13(i) Maintenance of Order. The Purchaser shall comply with all laws
and regulations relating to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors.
13(j) Officials not to Benefit. No Member of, or Delegate to,
Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom unless
it is made with a corporation for its general benefit.
S A L E
CEDAR SALVAGE TIMBER
QUINAULT INDIAN RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid for dead cedar timber, Rose Cultee Allotment", addressed
to the Superintendent, Bureau of Indian Affairs, Western Washington
Agency, Hoquiam, Washington, will be received until 2:00 p.m., Pacific
Standard Time, 600510, for the purchase of dead cedar timber on a tract
known as the Rose Cultee Allotment No. 743, described as the E 1/2 SW
1/4 Section 32, Township 23 North, Range 10 West, Willamette Meridian,
Washington. The tract contains an estimated 25,000 shake boards. Each
bidder must state the price per shake board that will be paid for shakes
to be cut from this allotment. No bid will be considered for less than
$0.02 per shake board. The purchaser will be required to keep the
allotment boundary and corners clearly marked while cutting is in
progress. A deposit in the amount of Two Hundred Dollars ($200.00) must
accompany each bid. Deposits shall be in the form of either a certified
check, cashier's check, bank draft, or postal money order, drawn payable
to the order of the Bureau of Indian Affairs, or in cash. Persons
bidding for or on behalf of companies, corporations, or partnerships
must, at the time of bidding, submit in writing conclusive evidence of
their authority to do so. The deposit of the apparent high bidder, and
of others who submit written requests to have their bids considered for
acceptance, will be retained pending acceptance or rejection of the
bids. All other deposits will be returned promptly following the
opening and posting of bids. The deposit of the successful bidder will
be held in lieu of bond pending satisfactory completion of the terms of
the contract or retained as liquidated damages if the bidder fails to
execute the contract within thirty days of notice of the acceptance of
his bid. An advance payment of 15 percent of the total value,
calculated at the bid price, must be made within thirty days of approval
of the contract. The purchaser will be required to present for counting
at a designated scale station, between the hours of 8:00 a.m. and 4:00
p.m. only, Monday through Friday, all shake boards that are removed from
the allotment. Failure to do so may result in the immediate
cancellation of the contract and forfeiture of bond. The right to waive
technical defects and to reject any and all bids is reserved. The
contract will specify that all shakes must be cut and removed from the
allotment within one year from the date of approval of the contract.
Information concerning the sale should be obtained from the Bureau of
Indian Affairs, Western Washington Agency, Hoquiam Sub-Agency, Post
Office Building, Hoquiam, Washington. Dated this 600408, at Everett,
Washington. C. W. Ringey, Superintendent.
QUINAIELT LAKE UNIT. Sold 230118 to
OZETTE RY. CO. (56777-22) Contract Revised 360919.
Map not keyed see original.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinault INDIAN RESERVATION, Washington KNOW ALL MEN BY THESE
PRESENTS, that I the undersigned, hereby request, authorize, and empower
the Superintendent of the Western Washington Indian Agency to enter into
contract for the sale of the timber upon the following-described lands:
B 1/2 SW 1/4, Section 32, T. 23N., R. LOW., W.M. the same being the
allotment of Rose Cultee Quinault allottee No. 743, and authorize him to
perform every act necessary and requisite to the consummation of such
sale with the same validity as if were personally present. Provided
that no such contract shall be made hereunder at stumpage rates per
thousand feet board measure of less than the following Cedar shake
boards at not less than $.02 per shake board To be advertised for sale
to the highest bidder. and I do also hereby agree to grant any
contractor holding any contract hereunder and in conformity herewith,
reasonable right-of-way over the above-described lands, or any other
lands in which I hold any interest, provided I shall receive reasonable
compensation for any damage done or incurred through such right-of-way.
The Commissioner of Indian Affairs or his representative shall
definitely determine what shall be considered reasonable damages.
I furthermore agree that the proceeds arising from the sale of this
timber may be disposed of in accordance with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration.
Place Western Washington Agency, Everett, Wn.
Date 591216,
Witnesses: John W. Libby ILLEGIBLE LINE
Rose Cultee Fryberg
ABSTRACT of proposals received at Hoquiam, Washington 600510, for
sale of timber on Rose Cultee allotment No. 743 (cedar salvage) for
Western Washington Agency, Hoquiam, Washington.
Name of Bidder Bid No. Amount Dineen Shake Co. (Don Dineen) 1
$800.00 Quinault Cedar Inc. (Jack Root) 2 $690.00
Item No. Quantity Article
1 25,000 cedar shake boards @$0.032
It is hereby certified that in addition to the bids abstracted on
this form, invitations to quote were sent to the following:
see attached list
It is also certified that all bids received are listed hereon and
were received on or before the date and hour fixed for opening bids,
which was 2:00 O'clock P.M. with the exception of Proposal No. which
was considered and abstracted or eliminated for consideration for
reasons appearing elsewhere on the abstract or in report attached
hereto.
(SGD) M. L. SCHWARTZ ACTING Superintendent
MAILING LIST FOR CEDAR SALVAGE 1. Milton D. Acker 1017 East 2nd St.,
Aberdeen, Wash. 2. Aloha Shake Company Aloha, Washington 3. Helmer
Anderson Route 3, Hoquiam, Washington 4. Ted Anderson Amanda Park,
Wash. 5. B & U Logging Co. 544 South 4th, Montesano, Wash. 6. Jim
Barr Pacific Beach, Wash. 7. Robert Basler Box 161, Oakville, Wash.
8. Verlin Bates 1013 Soule Avenue, Hoquiam, Wash. 9. Nick Bender 221
Seventh, Montesano, Wash. 10. Gene Berger Copalis Crossing, Wash. 11.
Vern Bishop 812 1/2 Terrace, Aberdeen, Wash. 12. Claude Blake, Jr.
Route 3, Box 330, Auburn, Wash. 13. William Bryson Harding Road,
Aberdeen, Wash. 14. Lester Bunch Route 1, Box 259, Aberdeen, Wash.
15. Cedar Supply Humptulips, Wash. 16. Walter Christiansen Ocean
City, Wash. 17. Marty Coker Western Cedar Products, Box 634, Hoquiam
Wn. 18. Clarence Courville Taholah, Wash. 19. Hugo Daniels Junction
City, Wash. 20. Ralph Davis Route 2, Box 330, Tillamook, Oregon 21.
Dan Dineen Pacific Beach, Wash. 22. Don Dineen 2614 Aberdeen Avenue,
Aberdeen, Wash. 23. Wm. Dineen Jr. Newton, Wash. 24. John Doherty
109 East Cushing, Aberdeen, Wash. 25. C. F. Doll 1200 Spur St.,
Aberdeen, Wash. 26. Donald E. Dyson 12557 7th Avenue, Seattle, Wash.
27. Martin Edwards 1022 West Market, Aberdeen, Wash. 28. A. B.
Ferguson Aloha, Wash. 29. Royalance A. Forbes Route 2, Box 101, Amanda
Park, Wash. 30. Joe Freeman, Route 1, Box 125, Washougal, Wash. 31.
Bob Frye 2819 Aberdeen Avenue, Aberdeen, Wash. 32. Ralph Graham Route
3, Box 241, Hoquiam, Wash. 33. G. W. Grissom Route 1, Box 397,
Montesano, Wash. 34. Glenn Guinn Quinault, Wash. 35. H & W Trucking
Co. 377 Queets, Hoquiam, Wash. 36. A. Halgren Box 145, Naches, Wash.
37. Orrin Harris Pacific Beach, Wash. 38. Mr. Hauuki Route 2, Box
181, Rochester, Wash. 39. John Hayden Taholah, Wash. 40. Sid Hayes
Route 1, Box 49, Yelm, Wash. 41. Clarence Helvie Route 3, Box 75,
Hoquiam, Wash. 42. W. Hill Ocean City, Wash. 43. Charles
Hintermiester Box 202, Moclips, Wash. 44. Pete Hjorthal Pacific Beach,
Wash. 45. Ernest Holmberg 115 Cowan St., Aberdeen, Wash. 46. Daisy
Mumby Hukkala Route 11, Box 245, Olympia, Wash. 47. Clark Hulet
Copalis Beach, Wash. 48. A. Y. Humley Copalis Beach, Wash. 49.
Forest Humley Copalis Beach, Wash. 50. Slacko Iskra Amanda Park, Wash.
51. Jim Jackson Moclips, Wash. 52. Rachel Johnson Route 2, Box 155,
Hoquiam, Wash. 53. D. C. Jones 1331 Oxford, Centralia, Wash. 54. Wm.
Jones Route 1, Box 23, bow, Wash. 55. Carl Kavanaugh 409 3rd, Hoquiam,
Wash. 56. Dick Kay Pacific Beach, Wash. 57. C. C. Kirkwood Beaver,
Wash. 58. Art Kirach Route 2, Box 94, Hoquiam, Wash. 59. Windsor
Kuchler Box 55, South Bend, Wash. 60. Gene Leach Box 89, Copalis
Beach, Wash. 61. E. W. Leffler Route 2, Gaston, Oregon 62. Lofgren
Lbr. Mfg. Inc. Route 2, Box 25, Elma, Wash. 63. Clarence A. Luce
Copalis Crossing, Wash. 64. J. R. Luce Copalis Crossing, Wash. 65.
Bob Martin Neilton, Wash. 66. Pete Lukin Pacific Beach, Wash. 67.
Elmer McBride Pacific Beach, Wash. 68. Charles Mechals Westport, Wash.
69. Doyle R. Miller Box 53, Copalis Beach, Wash. 70. Ed Morgan Route
3, Box 232, Hoquiam, Wash. 71. George Morris Copalis Beach, Wash. 72.
Jack Mulkey 236 Chenault, Hoquiam, Wash. 73. Allyn Neely Box 154,
Pacific Beach, Wash. 74. A. L. Nelson Copalis Beach, Washington. 75.
John Newson 508 5th, Anacortes, Wash. 76. John P. Nichols Amanda Park,
Wash. 77. Ol'Settler Shake Co. Oakville, Wash. 78. Olympic Shake
Co. Box 163, Forks, Wash. 79. Aaron Owan Route 1, Box 430, Montesano,
Wash. 80. Parker Shake Co. Copalis Beach, Wash. 81. Kenny Patten
Pacific Beach, Wash. 82. Alex Paul Pacific Beach, Wash. 83. Donald
Petit Route 1, Box 675, Winslow, Wash. 84. Bob Pink Copalis Beach,
Wash. 85. Robert Plant Box 34, Lake Quinault, Wash. 86. H. G. Ramsey
Route 1, Box 153, Yelm, Wash. 87. Robert Bros. Brooklyn, Wash. 88.
Fred Root 523 Simpson Avenue, Hoquiam, Wash. 89. Wilfred Sampson
Queets Village, Clearwater, Wash. 90. Harold Schmidtke 431 Emerson
Avenue, Hoquiam, Wash. 91. Ed Scott Aloha, Wash. 92. Floyd Sears
Route 1, Box 312, Montesano, Wash. 93. Lyle Secena Box 152, Oakville,
Wash. 94. J. Simel Box 566, Porter, Wash. 95. Jack Sleasman Pacific
Beach, Wash. 96. Leonard Strawn Box 12, Copalis Beach, Wash. 97.
Pete Sutton Route 1, Hoquiam, Wash. 98. John C. Van Eten 601
Jefferson, Olympia, Wash. 99. Charles Wain Box 445, Aberdeen, Wash.
100. Fred Weitz Long Beach, Wash. 101. Charles Wells Moclis, Wash.
102. Enute Wennberg Amanda Park, Wash. 103. Westby Shake Co. Copalis
Beach, Wash. 104. R. B. Van Wormer 411 3rd St., Hoquiam, Wash. 105.
Roy York 1232 Railroad, Shelton, Wash. 106. Victor York Jr. Lost Lake
Route, Elma, Wash. 107. Joe Yucha Route 1, Box 91, Elma, Wash. 108.
Alex Zack Moclips, Wash. 109. Verl York Box 82, Satsop, Wash. 110.
Mel Day Shake Mill Amanda Park, Wash. 111. Bear Creek Shingle Co.
Route 2, Box 783, Astoria, Oregon 112. Cecil T. Yocom General Delivery,
Elma, Wah. 113. L. L. Mercer Route 1, Custer, Wash. 114. Joe Jackson
1911 West 2nd, Aberdeen, Wash. 115. Mildred McCrory Pickete Box 36,
Moclips, Wash. 116. Century Shake Co., c/o John H. Phelps, Box 52,
Copalis Beach, Wash. 117. Russ Holten c/o LaBrec Mill, Lower Hob,
Wash. 118. Robert Cowan 1115 Butler, Aberdeen, Wash. 119. Mosley
Shake Co. Route 4, Box 44, Hoquiam, Wash. 120. Joe Karnas Elk Prairie
Tbr. Co., Frances, Wash.
Post Offices at:
Hoquiam, Aberdeen, Montesano, Elma, Pacific Beach, Copalis Beach,
Copalis Crossing, Moclips, Taholah, Amanda Park, Quinault, Raymond,
South Bend, Bay Center and Oakville.
STATEMENT AND CERTIFICATE OF AWARD
No. 14-20-0510-231 Date 600501
INTERIOR-INDIAN (Department or establishment)
Western Washington Agency (Bureau or office)
Everett Washington (Location)
METHOD OF OR ABSENCE OF ADVERTISING METHOD OF ADVERTISING
1. By advertising in newspapers.
2. (a) By advertising in circular letters sent to 120 dealers.
(b) And by notices posted in public places. Yes
(If notices were not posted in addition to advertising by circular
letters sent to dealers, explanation of such omission must be made
below.)
ABSENCE OF ADVERTISING
Without advertising in accordance with
(Cite law pursuant to which contract was negotiated and the
applicable section and paragraph thereof. If contract was negotiated
under a public exigency which would not admit of the delay incident to
advertising, or because of it being impracticable to secure competition,
state below or on the reverse hereof, the circumstances requiring
negotiation.)
AWARD OF CONTRACT
A. To lowest bidder as to price (Expenditures)
B. To highest bidder as to price (Receipts) Yes
CERTIFICATE
I CERTIFY that the foregoing statement is true and correct; that the
written findings required by law to be submitted with the contract in
case of negotiation, upon a determination by the agency head or other
authorized official that such method of contracting is necessary, are
attached thereto; that the total number of bids received is, and that
where lower bids (expenditure contracts) or higher bids (receipt
contracts) as to price were received, a statement of reasons for their
rejection, together with an abstract of bids received, including all
lower than that accepted in case of expenditure contracts and all higher
in case of receipt contracts, is given below or on the reverse hereof or
on a separate sheet attached hereto; that the articles or services
covered by the agreement (expenditure) are necessary for the public
service; and that the prices charged are just and reasonable.
1. Don Dineen (Dineen Shake Co.) $800.00(accepted)
2. Jack Root (Quinault Cedar Inc.) 690.00
(SGD) M.L. SCHWARTZ ACTING Superintendent
FOREST OFFICER'S REPORT CEDAR SALVAGE ROSE CULTEE, QUIN. 743
QUINAULT INDIAN RESERVATION
The owner of allotment No. 743, Rose Cultee, has requested that the
salvable cedar on her allotment be offered for sale. The allotment is
served by a gravel access road, and situated about four miles southwest
of Lake Quinault, the nearest shake market. The property is legally
described as the E1/2SW1/4 Section 32, Township 23 North, Range 10 West,
Willamette Meridian, Washington, and contains 80 acres.
This allotment is situated in the "Lake Quinault Logging Unit", and
was logged during the period from 480000 to 500000. At the present time
there is a dense stand of reproduction on the south half of the tract,
while the north half is not as densely stocked. Here is where the
salvable material is located.
Salvaging the cedar from this allotment will, in effect, accomplish a
threefold purpose. First, as a result of tractor logging, the mineral
soil will be exposed; thus, offering an opportunity for the area to
reseed naturally. Second, removal of the cedar which appears in the
form of snags, windfalls and scattered chunks on the landings, will tend
to reduce the potential fire hazard. Finally, the sale of cedar salvage
will furnish the owner with an additional income. In order for the
salvage operation to be effective, stumpage prices will have to be
maintained at a level that will enable the purchaser to economically
perform the operation.
The demand for shakeboards is fair at present. After 000301 the
market is expected to improve when stocks are built up. The average
price paid for boards delivered at the mill is ten (.10) cents.
The following cost information has been obtained from operators
presently supplying shakeboards to mills in the vicinity of the Quinault
Indian Reservation. On the basis of analysis of these costs, an
appraisal of stumpage values for cedar shakeboards is shown on the
following page:
ESTIMATED LOGGING COSTS: 01 Falling, Bucking and Splitting $0.035 02
Yarding and Loading 0.020 03 Hauling (average 4 miles) 0.008 04 Medical
Aid & Industrial Insurance 0.005 05 Equipment Repair and Supplies 0.005
TOTAL LOGGING COSTS $0.073 s = V/1.OP - C s = $0.10/1.06 - $0.073 s =
$0.094 - $0.073 s = $0.021 or 2 cents
Total Valuation: 25,000 boards @$0.02 $500.00
Recommendations:
It is recommended that this sale be advertised at a minimum stumpage
rate of $0.02 per shakeboard. We propose to advertise by circular and
posters for fifteen (15) days and sell to the highest bidder. Sealed
bids only will be received. All volume removed from the allotment will
be paid for on a piece count basis.
Dated: 600122
Concur: Sgd. John W. Libby Forest Manager
John W. Palmer Forester
You are hereby authorized to advertise the timber from the above
allotment at the minimum stumpage rate of two ($0.02) cents per
shakeboard, advertisement to be by circulars and posters for a period of
not less than fifteen (15) days.
Date: 600408
(Sgd) C. W. Ringey, Superintendent
QUINAIELT LAKE UNIT. Sold 230118 To OZETTE RY. CO. (56777-22)
Contract Revised 9-19-36.
Map not keyed, see original
HEL-012-0974-1003
HEL-012-0974-1003
FOSTER, D C BIA PORTLAND
630923
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
RECEIVED
630930
Forestry 60-7-14 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
97208
630923
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 630919, you submitted two copies of a
Certificate of Completion covering logging operations of Charles McBride
under Special Allotment Timber Cutting Permit No. Q-10-62. You report
all operations have been satisfactorily completed and request authority
to refund the cash bond to the permittee.
We have checked the Certificate with the Permit and find them to be
in agreement.
You are hereby authorized to notify Mr. McBride that he is relieved
of any liability under Permit Q-10-62 arising subsequent to the date of
this letter. You are also authorized to refund to the permittee the
cash deposit of $2,430.72 in lieu of bond.
Sincerely yours, (Sgd) PERRY E. SKARRA Acting Area Director
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
w/enclosure
RECEIVED
630930
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
490200
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT Indian Office file No.
Permit Q-10-62 Charles McBride Contract approved 621114 Expires 631130
Land status: Allotted
Western Washington Agency
Quinault Reservation
Charles McBride Contractor
Description Lot 18, Section 5, Township 23 North, Range 12 West,
Willamette Meridian, Washington
Allotment No. 2003 Name of allottee Charles McBride
Table not keyed, see original
RECEIVED
630930
PERMITTEE'S CERTIFICATE
(FINAL CUT)
I hereby surrender all rights under the above contract and request to
be released from further obligations under said contract.
Charles McBride
Moclips, Washington
Date 630905
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
recommend that the authorized permittee be released from further
obligation under said contract.
John W. Palmer
Forester
Dated 630905
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
estimated funds accrued from the sale of timber on the land and under
the contract above designated.
(Sgd.) Jess T. Town ACTING Superintendent
Dated 630919
CORRECTION
The preceding document(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
HEL-012-1004-1008
HEL-012-1004-1008
FELSHAW, G M W WASH AGENCY
630828
CORRESPONDENCE
WILCOX, E R US DOI BIA PORTLAND
RECEIVED
630904
Forestry 60-10-6 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON 97208
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
In your letter of 630807, you recommended that an exception be made
to 53 IAM 5.2.3 which would grant a three-year period for the removal of
timber under Permit No. Q-6-63 issued to Hazel Brady King.
By letter dated 630823, a copy of which is enclosed, Assistant
Commissioner E. Reeseman Fryer authorized us to extend the expiration
date of this permit to 660731. You may inform Mrs. King that she has
until 660731, to cut and remove the timber under the above-mentioned
permit. A copy of our letter should be attached to each copy of the
permit.
Sincerely yours, (SGD) EARLE R. WILCOX Acting Assistant Area Director
Enclosures (3)
cc: Hoquiam Subagency w/enclosure Commissioner, Attn. Dr. of
Forestry w/enclosures (3)
HEL-012-1009-1009
HEL-012-1009-1023
FELSHAW, G M W WASH AGENCY
630716
CORRESPONDENCE
SKARRA, P E US DOI BIA
630716
Forestry 60-10-6 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON 97208
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Enclosed are the original and one copy of the approved Special
Allotment Timber Cutting Permit authorizing Mrs. Hazel Brady King to
sell the timber from a portion of her allotment.
Before presenting her with the approved permit, you should be
reasonably sure that she has the necessary business experience to make a
bona fide sale of her timber on terms that protect her interest.
We shall appreciate receiving two copies of your letter to the
permittee.
Sincerely yours, (Sgd) PERRY E. SKARRA Assistant Area Director
Enclosures (2)
cc: Hoquiam Subagency Commissioner, Attn. Branch of Forestry
w/enclosures (3)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. 0-6-63
Allotment No. 1660, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Hazel Brady
King hereinafter called the Permittee, sole owner of the allotment shown
above which is described as the NE1/4SW1/2 Section 22, Township 23
North, Range 12 West, W.M., Washington to cut and sell the timber shown
below which has been designated for cutting by the Bureau of Indian
Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear cutting. The objective is the
harvest cutting of mature and over-mature and the salvage of dead and
down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 640731, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $318.41 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to the approval of this
permit#
Payments other than in cash shall be drawn payable to the Bureau of
Indian Affairs.
#Delete one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$636.81 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale are clearly marked at the
completion of this permit.
b. By Agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Hazel Brady King Permittee Hazel Brady King Date: 630709
APPROVED: (Sgd) PERRY E. SKARRA Titles: Assistant Area Director
Date: 630716
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(e) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protested. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 14 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Right-of-Way. The Permittee shall be responsible for obtaining
any necessary rights-of-way across lands not owned solely by the
Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay costs of
fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT HAZEL BRADY KING PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
Introduction:
Mrs. Hazel Brady King has requested that a Special Allotment Timber
Cutting permit be issued to her for the harvesting of timber on a
portion of her allotment No. 1660, located in the northwest portion of
the Quinault Reservation, in an area commonly called the Queets Unit.
Mrs. King will not log the timber herself, as she owns no logging
equipment. She plans to contract for the logging of the timber with
persons presently operating in the immediate vicinity of her allotment.
Description of Area and Stand:
The allotment is described as follows:
NE1/4 SW1/4 Section 22, Township 23 North, Range 12 West, Willamette
Meridian, Washington
The allotment is located in the eastern portion of the Queets Unit,
approximately 58 miles north of the Aberdeen-Hoquiam marketing area; 54
miles over U.S. Highway 101, 3-1/2 miles over the Esses Bros. logging
road and 1/2 mile over other lands. The topography is generally flat,
with poor drainage throughout most of the allotment. Swamp-like
conditions are encountered in the northwest part of the area. The soil
is composed of gravelly clay.
The tract supports a fair quality stand of virgin timber, with
western redcedar comprising 84% of the total volume, western hemlock
10%, Pacific silver fir 5% and western white pine 1%. The ground cover
is predominately salal and huckleberry brush. A high-lead logging show
would be most feasible.
Current Market Conditions:
The current log market on Grays Harbor has been relatively steady the
past six months. Log prices are similar to those paid a year ago, with
no indication of a change in the next few months. The demand for
western hemlock and Pacific silver fir remains steady at about what it
was a year ago. The export market is good, and indications are that it
will remain steady throughout the year. The demand for western redcedar
shows signs of improvement, particularly in the No. 2 log grade. This,
no doubt, is the result of some improvement in the shake and shingle
markets. At the present time, a greater volume of logs is moving from
water storage and sale areas. This might indicate a general
"firming-up" of markets for cedar products.
Appraisal of Stumpage Values:
The appraisal of timber is based on prices currently being paid for
logs delivered to tidewater in the Aberdeen-Hoquiam market area on Grays
Harbor. The current prices were compared with log prices reported for
the 4th Quarter 620000 by PNA Grays Harbor log markets. In all
instances, no log values were used which were less than those reported
in the 4th Quarter.
CRUISE SUMMARY Hazel Brady King Logging Unit Quinault Reservation
Allottee & No. Hazel Brady King #1660 Cruiser Turner Legal Desc. NE1/4
SW1/2 Section 22, Township 23 North, Range 12 West, W.M. Wash. Date
Cruised 630619 Min. Merch. 12" D.B.H., 8" top or est. of merch. height
Per Cent Cruise 20 Sampling Error 10.82% Coefficient of Variation 24.3%
Vol. per Acre (Merch.) 36 MBM Merch. Acreage 18 Non-Merch. Acreage 22
Table not keyed, see original
Remarks: Under Section 3 of the permit, we have eliminated all
mention of the diameter limit so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest product.
LOG VALUES
"Table not keyed, see original"
#Log Prices from: PNLA Grays Harbor Logging Companies 4th Quarter
620000 and prices paid by local mills as of 630401. In all instances
the higher value was used; 4th Qtr. 620000 PNLA log prices are used as
a base until market conditions indicate a downward trend.
Table not keyed, see original
II. TRANSPORT (continued) .06 Average load @.065/log:
Table not keyed, see original
Determination of Stumpage values:
Stumpage values are computed by use of the following formula:
S = V/1.OP - C
1. Western redcedar:
$43.28/1.10 - $30.46 = $8.89
2. Western hemlock:
$45.32/1.08 - $28.63 = $13.33
3. Pacific silver fir:
$45.44/1.08 - $28.63 = $13.44
4. Western white pine:
$52.11/1.10 - $28.63 = $18.74
Recommended Stumpage Wates: (rounded to nearest five cents)
1. Western redcedar $8.90
2. Western hemlock $13.35
3. Pacific silver fir $13.45
4. Western white pine $18.75
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for reasonable profit.
Such factors as market conditions, type of timber and the demand for
various species of timber have been considered in arriving at the margin
for profit and risk. Analysis of recent sales by the Washington State
Department of Natural Resources indicates that operators are considering
this amount in their bidding on each species.
APPRAISAL SUMMARY
Hazel Brady King Logging Unit, Quinault Reservation
Table not keyed, see original
Recommendations:
It is recommended that the above value be accepted as the appraised
stumpage value for the species of timber on the subject tract.
Date: 630703
Sgd. Don W. Clark Assistant Forest Manager
Date: 630711
CONCUR: (Sgd.) John W. Libby Forest Manager
APPROVED: (SGD) M. L. SCHWARTZ Superintendent
HEL-012-1010-1023
HEL-012-1009-1023
FELSHAW, G M W WASH AGENCY
630823
CORRESPONDENCE
WILCOX, E R US DOI BIA PORTLAND
RECEIVED
630823
630823 12:43 pm '63
GSA-REGION 3 TCS COMMUNICATIONS
WVB024 FWB-024 WWAF FPD0 6 I-0IA PORTLAND ORE 630823 0908U
COMMISSIONER BIA ATTN BR OF FORESTRY
WASHINGTON DC
REQOURLET DATED 630808 CONCERNING GRANTING OF SPECIAL ALLOTMENT
TIMBER CUTTING PERMIT ON QUINAULT ALLOTMENT NO. 1660. MRS. KING HAS MADE
REPEATED INQUIRIES AS TO STATUS OF THIS PERMIT. SHE IS MOST ANXIOUS TO
OBTAIN MONEY SO THAT SHE CAN START SCHOOL IN NEXT FEW WEEKS. YOUR EARLY
CONSIDERATION OF THIS MATTER WILL BE MOST HELPFUL TO US.
EARLE R WILCOX ACTG ASST AREA DIR
630808 1660 DMT 0912U
Approved - by the mailed today 630823 conveyed to Wilcox by
(ILLEGIBLE) or phone today 000823
PE
HEL-012-1024-1024
HEL-012-1024-1024
COMM BIA
630828
CORRESPONDENCE
FRYER, E R DOI BIA
Forestry 9156-60
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
This is in reply to your letter dated 630808, in which you recommend
an exception to 53 IAM 5.2.3 as it regards Special Allotment Timber
Cutting Permit Q-6-63, issued to Mrs. Hazel Brady King on her Quinault
Allotment No. 1660. The exception would be to grant a two year
extension of the expiration date thereby continuing the permit from the
present expiration date of 640731, to 660731, rather than be limited by
the one year maximum period as provided in the manual reference. You
enclosed a copy of a letter dated 630807, from the Acting
Superintendent, Western Washington Agency, and a copy of the permit.
In support of your recommendation, you indicate that Mrs. King has
arranged for the sale of her timber for an amount considerably in excess
of the appraised value conditioned upon a three year period of time in
which to have the timber cut and removed. You say that you have been
advised that Mrs. King's arrangement with the purchaser will provide
that she will be paid immediately for the total value of the timber.
The opinion of the Acting Superintendent is that the offer made to
Mrs. King is far greater thatn the price she would receive if the timber
were offered for sale on the open market. Also, that it might be
difficult to obtain the interest of other prospective purchasers,
knowing that they would have to obtain a right-of-way over the road
system constructed and used by the operator who made the initial offer.
The Acting Superintendent believes it to be in the best interest of
the allottee to grant a three year cutting period for this timber and
you concur with the recommendation that an exception be made to 53 IAM
5.2.3 to provide for the additional time.
In view of the conditions reported and the determination that an
exception to 53 IAM 5.2.3 would be in the best interest of the Indian
Allottee, you are hereby authorized to extend the expiration date of
Special Allotment Timber Cutting Permit Q-6-63, issued to Mrs. Hazel
Brady King on her Quinault Allotment No. 1660, from 640731, to 660731.
We are looking forward to receipt of the annual summary of special
permit sales as required by 53 IAM 5.2.8.
As requested in your letter, we are returning the copy of the permit.
Sincerely yours, (SGD) E. REESEMAN FRYER ASSISTANT Commissioner
Enclosure
cc: 300 Bureau Surname Forestry Chrony Mailroom Chrony Holdup
RKEly:mjm 630821
HEL-012-1025-1026
HEL-012-1025-1026
HOLTZ, R D US DOI BIA PORTLAND
630819
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
630806
Form 5-388
530700
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
TO Commissioner
FROM Branch of Forestry Portland Area Office
DATE: 630819
SUBJECT Special Allotment Timber Cutting Permit No. Q-4-63 and
Q-5-63, Western Washington Agency, Hoquiam Subagency.
HEL-012-1027-1027
HEL-012-1027-1051
COMM US DOI BIA
630812
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Brown, Q-4-63
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
630812
Mr. Walter S. Brown Route 4, Box 573 Olympia, Washington
Dear Mr. Brown:
In accordance with the understanding between the operator, the Joseph
C. Miller Logging Company of Aberdeen, Washington, and yourself, payment
in full of the fees required for the issuance of Special Allotment
Timber Cutting Permit No. Q-4-63 have been received by our office.
Enclosed is the original copy of the permit for your records.
Sincerely yours, Sgd. Don W. Clark Don W. Clark Assistant Forest
Manager
Branch of Forestry, PAO (2)
HEL-012-1028-1028
HEL-012-1027-1051
BROWN, W S
630725
CORRESPONDENCE
MOORE, H L US DOI BIA PORTLAND
Forestry 60-7-14 - 339.5 Timber Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON 97208
630725
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 630628, you sent us two Special Allotment
Timber Cutting Permits, one for Mr. Thomas J. Brown and the other for
Mr. Walter S. Brown. Your letter dated 630723, contained additional
information requested in our letter of 630710. You request that we
change the appraised rate on Mr. Thomas Brown's permit from $3.50 per
MBM to $3.85 per MBM. You recommend approval of both permits.
We are approving both permits. The original and one copy of Permit
Q-4-63 are being mailed to Mr. Clark in the Hoquiam Office with two
copies of this letter. All copies of Permit Q-5-63 are being sent to
Mr. Clark to obtain the initials of the permittee by the change
appearing in Section 2 of the permit.
After obtaining the necessary initials on Permit Q-5-63, two copies
should be returned to this office. In transmitting the documents to the
permittees, you may use the form of transmittal used for the Violet B.
Black Gonzales Permit (Q-12-62). Please send us two copies each of your
letters to Messrs. Thomas J. Brown and Walter S. Brown.
Sincerely yours,
(SGD.) H. L. MOORE Acting Area Director
Enclosure (copy Permit Q-4-63)
cc: Hoquiam Subagency w/enclosures (7) Commissioner, Attn. Br. of
Forestry w/enclosures (5)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613 600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-4-63
Allotment No. 1674, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
B of the Act of 100625, (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Walter S.
Brown hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the Lots 11 and 12, Section 3,
Township 23 North, Range 13 West. Willamette Meridian, Washington to
cut and sell the timber shown below which has been designated for
cutting by the Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live timber having
a minimum top diameter of four (4) inches is designated for cutting.
The objective is the harvest cutting of mature and over-mature timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 640630, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $155.75 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to the approval of this
permit# Payments other than in cash shall be drawn payable to the Bureau
of Indian Affairs.
#Delete one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$311.50 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breash height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau of
Indian Affairs in such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
Signed: Walter S. Brown Permittee Date: 630624
APPROVED: (SGD.) H. L. MOORE Title: Acting Area Director Date:
630725
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
resonable.
14. UTILIZATION. The Permitee is expected to utilize timber out
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(a) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may does necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
PermitteeHs operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash turning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of the Permittee
shall fell all unmerchantable trees, within the area cut over, which are
14 inches or more in diameter at breast height and 16 feet or more in
total height. Snag felling shall be completed as soon as practicable
and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Right-of-Way. The Permittee shall be responsible for obtaining
any necessary rights-of-way across lands not owned soley by the
Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act of neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinfafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT WALTER S. BROWN PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
Introduction:
The owner of the Walter S. Brown allotment No. 1674 has requested
that a Special Allotment Timber Cutting Permit be issued to him for the
harvesting of timber on this area. This allotment is located in the
Queets Unit, along the Queets River, on the Quinsult Reservation. The
owner will not log the timber himself, as he owns no logging equipment.
He plans to contract for the logging of his timber with persons
presently in the logging business.
Description of Area and Stand:
The allotment is described as follows:
Lots 11 and 12, Section 3, Township 23 North, Range 13 West,
Willamatte Merdian, Washington
The allotment is situated on the south side of the Queets River, and
occupies a bottomland site. This area has never been logged, and
supports a stand of nature red alder and black cottonwood. The terrain
is level, and is best adapted to tractor logging, although high-lead
logging is possible. The area is cut by several sloughs, which fill up
with water during the winter. This condition, along with the nature of
the soil, precludes logging in the winter. The Queets River is subject
to sudden rises, and floods some of the bottomland during the winter.
Highway 101 passes within one-half mile south of the allotment, and
logging roads reach from the highway to within a few hundred feet of the
area. Therefore, access is relatively easy. The trucking distance to
markets at Centralis is 117 miles. One-half mile is over gravel logging
roads.
On 630416, a ten percent cruise of the area was made by Agency
foresters. The estimated net volume of the stand is 2,225 cords.
Coverted at 2.5 cords per M board feet 1/, this is 890 MBM.
Current Market Conditions:
The only market for pulpwood of these species is the Weyerbeauser
Company at Cosmopolis. Red alder sawlogs, with a top diameter of 12
inches, are being purchased at Carlisle and Centralia, Washington.
Plans are underway for construction of a small sawmill on Grays Harbor
to utilize these species. A sawmill for red alder is being constructed
at Amanda Park also. The market price for these species has remained
the same for the past several years. However, with new mills being
constructed or planned, the demand should improve.
1/ Conversion factor of 2.5 cords from conversion factors for Pacific
Northwest Forest Products, Institute of Forest Products, State of
Washington, University of Washington, Seattle 5, Washington, 570600,
page 9.
LOGGING COSTS
Walter Brown LOGGING UNIT Quinault RESERVATION
Tables not keyed, see original
Logging and overhead costs are an average of seven operators in Grays
Harbor County. Copies Notes: are on file in Agency and Area Offices.
Truck hauling costs converted to net scale: (Factor times total
gross cost)
Table not keyed, see original
#Factor used to adjust truck hauling costs from gross tonet scale
when computing hauling costs on the basis of the Washington State
Formula (Ref. R6-TM-179).
Notes: Road maintenance at .10 per mile/M; one half mile therefore
.05/M.
Appraisal of Stumpage Values:
The average price for sawlogs of these species paid by the
manufacturers is $45.00 per MBM.
S = V/1.OP - C
S = $45.00/1.10 - $37.39
S = $40.91 - $37.39
S = $3.52 per MBM
Recommended Stumpage: (rounded to the nearest five (5) cents)
Alder and Cottonwood - $3.50 per MBM
Total Value of Stumpage:
890 MBM @$3.50 per MBM $3,115.00
Recommendations:
It is recommended that the above value be accepted as the appraised
stumpage rate for the species of timber on this allotment.
Date: 830725
John W. Palmer Forester
Date: 630726
CONCUR: Sgd. Don W. Clark Forest Manager
Date: 630628
APPROVED: (SGD) M.L. SCHWARTZ Superintendent
CRUISE SUMMARY
Walter Brown Logging Unit Quinault Reservation Allottee & No. Walter
S. Brown Cruiser Turner, Buckle & Buzzini Legal Desc Lots 11 & 12, Sec.
3-23-13 Date Cruised 630416 Min. Merch. 8" D.B.H. Per Cent Cruise +/-
10 Sampling Error 11.87% Coefficient of Variation 33.9% Vol. Per Acre
(Merch.) 44.5 Merch. Acreage 50 Non-Merch. Acreage
Table not keyed, see original
HEL-012-1029-1039
HEL-012-1027-1051
FELSHAW, G M W WASH AGENCY
630812
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Brown, Q-5-63
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
630812
Mr. Thomas J. Brown Route 6, Box 150 Olympia, Washington
Dear Mr. Brown:
In accordance with the understanding between the operator, the Joseph
C. Miller Logging Company of Aberdeen, Washington, and yourself, payment
in full of the fees required for the issuance of Special Allotment
timber Cutting Permit No. Q-5-63 have been received by our office.
Enclosed is the original copy of the permit for your records.
Sincerely yours, Sgd. Don W. Clark
Don W. Clark Assistant Forest Manager
Branch of Forestry (PAO), (2)
HEL-012-1040-1040
HEL-012-1027-1051
BROWN, T J
630725
CORRESPONDENCE
MOORE, H L US DOI BIA PORTLAND
Forestry 60-7-14 - 339.5 Timber Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
97208 PORTLAND 8, OREGON
630725
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 630628, you sent us two Special Allotment
Timber Cutting Permits; one for Mr. Thomas J. Brown and the other for
Mr. Walter S. Brown. Your letter dated 630723, contained additional
information requested in our letter of 630710. You request that we
change the appraised rate on Mr. Thomas Brown's permit from $3.50 per
MBM to $3.85 per MBM. You recommend approval of both permits.
We are approving both permits. The original and one copy of Permit
Q-4-63 are being mailed to Mr. Clark in the Hoquiam Office with two
copies of this letter. All copies of Permit Q-5-63 are being sent to
Mr. Clark to obtain the initials of the permittee by the change
appearing in Section 2 of the permit.
After obtaining the necessary initials on Permit Q-5-63, two copies
shoulb be returned to this office. In transmitting the documents to the
permittees, you may use the form of transmittal used for the Violet B.
Black Gonzales Permit (Q-12-62). Please send us two copies each of your
letters to Messrs. Thomas J. Brown and Walter S. Brown.
Sincerely yours,
(SGD.) H.L. MOORE Acting Area Director
Enclosure (copy Permit Q-4-63)
cc: Hoquiam Subagency w/enclosures (2) Commissioner, Attn. Br. of
Forestry w/enclosures (5)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-5-63 Allotment No. 1675, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Thomas J.
Brown hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the Lots 2 & 7, Section 3, Township 23
North, Range 13 West, Willamette Meridian, Washington to cut and sell
the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes All of the merchantable live timber having
a minimum top diameter of four (4) inches is designated for cutting.
The objective is the harvest cutting of mature and over-mature timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 640630, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $100.10 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to the approval of this
permit#
Payments other than in cash shall be drawn payable to the Bureau of
Indian Affairs.
# Delete one payment option.
Release 53-6, 2-23-60
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$200.20 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - the permittee shall feel all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area well marked at the
completion of this permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Thomas J. Brown
Permittee Thomas J. Brown
Date: 630624
APPROVED: (SGD.) H.L. MOORE
Title: Acting Area Director
Date: 630725
Page 2
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain resonsible for compliance with the provisions
of this permit and shall be liable for any damages arising from failure
to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(e) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
Released 53-6, 2-23-60
Page 3
17. TRANSPORTATION FACILITIES.
17(a) Right-of-Way. The Permittee shall be responsible for obtaining
any necessary rights-of-way across lands not owned solely by the
Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Supression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, includig the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permitted fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other inprovements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
Page 4
FOREST OFFICER'S REPORT THOMAS J. BROWN PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
Introduction:
The owner of the Thomas J. Brown allotment No. 1675 has requested
that a Special Allotment Timber Cutting Permit be issued to him for the
harvesting of timber on this area. This allotment is located in the
Queets Unit, along the Queets River, on the Quinault Reservation. The
owner will not log the timber himself, as he owns no logging equipment.
He plans to contract for the logging of his timber with persons
presently in the logging business.
Description of Area and Stand:
The allotment is described as follows:
Lots 2 & 7, Section 3, Township 23 North, Range 13 West, Willamette
Meridian, Washington
The allotment is divided by the Queets River, and occupies a
bottomland site on both sides of the river. The area north of the river
supports a young immature stand of alder. This area is the easiest
accessible for the two, and is best suited to tractor logging, although
high-lead logging is possible. This area is also cut by several sloughs
which fill up with water during the winter months. This feature, along
with the nature of the soil, precludes winter logging. Highway 101
passes within a half mile south of the allotment, and logging roads
reach from the highway to within a few hundred feet of the area. This
makes access to the south part no problem. The trucking distance to
markets at Centralia is 117 miles. One-half mile of which is over
gravel logging roads.
On 630416, a ten percent cruise of the area was made by Agency
foresters. The estimated net volume of the stand is 1,300 cords.
Converted at 2.5 cords per M board feet 1/, this is 520 MBM.
Current Market Conditions:
The only market for pulpwood of these species is the Weyerhaeuser
Company at Cosmopolis. Red alder sawlogs, with a top diameter of 12
inches, are being purchased at Carlisle and Centralia, Washington.
Plans are underway for construction of a small sawmill on Grays Harbor
to utilize these species. A sawmill for red alder is being constructed
at Amand a Park also. The market price for these species has remained
the same for the past several years. However, with new mills being
constructed or planned, the demand should improve.
1/ Conversion factor of 2.5 cords from conversion factors for Pacific
Northwest Forest Products, Institute of Forest Products, State of
Washington, University of Washington, Seattle 5, Washington, 570600,
page 9.
LOGGING COSTS
Table not keyed, see original
Truck hauling costs converted to net scale: (Factor times total
gross cost)
Table not keyed, see original
#Factor used to adjust truck hauling costs from gross tonet scale
when computing hauling costs on the basis of the Washington State
Formula (Ref. R6-TM-179).
Notes:
Road maintenance at .10 per mile/M; one half mile therefore .05/M.
Alder and Cottonwood
Table not keyed, see original
SCALING DEFECT AND CONTRACTOR'S PROFIT BY SPECIES ARE AS FOLLOWS:
Table not keyed, see original
Notes:
Road construction: 400 feet of road, costs secured from Charles Hunt
Forest Officer's Report.
Appraisal of Stumpage Values:
The average price for sawlogs of these species paid by the
manufacturers is $45.00 per MBM. s = V/1.OP - C s = $45.00/1.10 -
$37.06 s = $40.91 - $37.06 s = $3.85 per MBM
Recommended Stumpage:
Alder and Cottonwood; $3.85 per MBM
Total Value of Stumpage:
520 MBM @$3.85 per MBM --------------- $2,002.00
Recommendations:
It is recommended that the above value be accepted as the appraised
value for the species of timber on this allotment.
Date: 630625
John W. Palmer Forester
Date: 630626
CONCUR: Sgd. Don W. Clark For John W. Libby Forest Manager
Date: 630628
APPROVED: (SGD) M. L. SCHWARTZ ACTING Superintendent
CRUISE SUMMARY
Thomas J. Brown Logging Unit Quinault Reservation
Allottee & No. Thomas J. Brown. Quin. 1675 Cruiser Turner, Buckle,
and Buzzini
Legal Desc. Lots 2 and 7, Section 3, Township 23 North, Range 13 West
Date Cruised 630416 Min. Merch. 8" D.B.H.
Per Cent Cruise estimate Sampling Error Coefficient of Variation
Vol. per Acre (Merch.) 43.3 cords Merch. Acreage 30 Non-Merch.
Acreage
Table not keyed, see original
HEL-012-1041-1051
HEL-012-1027-1051
FELSHAW, G M W WASH AGENCY
630808
CORRESPONDENCE
WILCOX, E R US DOI BIA PORTLAND
RECEIVED
630812 Forestry 60-7-14 - 339.5 Cutting Permits
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON 97208
630808
AIRMAIL
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Sir:
We are enclosing copy of letter dated 630807, from the Acting
Superintendent of the Western Washington Agency. The recommendation is
made that an exception be made to 53 IAM 5.2.3 in granting a three-year
period for removal of timber covered by Special Allotment Timber Cutting
Permit Q-6-63. The permit was issued to Mrs. Hazel Brady King on her
Quinault Allotment No. 1660.
For your information we are enclosing a copy of the permit which has
been approved and a copy of our letter dated 630716, to the
Superintendent of the Western Washington Agency.
In accordance with the provisions of 53 IAM 5.2.3, the permit was
scheduled to expire 640731. In the event authority is given to make an
exception to the one-year manual provision, the expiration date will be
changed to 660731.
The Acting superintendent's letter indicates that Mrs. King has
arranged for the sale of her timber for an amount considerably in excess
of the appraised value of $6,368.05. However, one of the conditions of
the offer is that Mrs. King be granted a three-year period of time in
which to have the timber cut and removed.
We have been advised that Mrs. King's arrangement with the purchaser
will provide that she will be paid immediately for the total value of
the timber. The operator will then be permitted to remove the timber at
any time prior to 660731.
Provisions of 5.2.2 require that permits involving unusual
circumstances be submitted to the Commissioner for review prior to
approval.
In view of the reported conditions involved, we recommend approval of
the request to extend the expiration date of the permit to 660731.
We shall appreciate your early consideration of this request and
following your review, please return the copy of the permit to us.
Sincerely yours,
Earle R. Wilcox Acting Assistant Area Director
Enclosures (3)
cc: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-1052-1053
HEL-012-1052-1055
COMM BIA
630807
CORRESPONDENCE
LIBBY, J W US DOI BIA
RECEIVED
630808 Forestry-339.2 King, Q-6-63
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Field Service Western Washington Agency
Hoquiam Sub-Agency Hoquiam, Washington
630807
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
On 630716, Assistant Area Director Perry E. Skarra approved Permit
No. Q-6-63, authorizing Mrs. Hazel Brady King to cut and sell the timber
on the portion of her allotment No. 1660, described as NW 1/4 SW 1/4
Section 22, Township 23 North, Range 12 West, Willamette Meridian,
Washington, on the Quinault Reservation.
Mrs. King has arranged with another party for the logging of the
timber on terms that best protect her interest. She has been offered
considerably more than the appraised value of $6,368.05. However, one
of the conditions of the offer is that Mrs. King be granted a three (3)
year period of time in which to cut and remove the timber.
The timber is located in the Queets area of the Quinault Reservation.
Approximately three-quarters (3/4) mile of logging road will have to be
constructed in order to reach the tract. The operator, who has made
Mrs. King an offer, as constructed a logging road to within
three-quarters of a mile of her timber. At the present time, he is
logging timber which he owns in this area and is committed to capacity
for a year or better.
Road construction on the Quinault Reservation can best be
accomplished only during the summer months. The heavy rainfall
experienced from 001000 through 000600 makes construction very
expensive, and at times prohibitive.
It is our opinion that the offer Mrs. King has received is far
greater than the price she would receive if the timber were offered for
sale on the open market.
Mrs. King plans to attend college this fall to obtain a degree in
Education. Thus, she desires to obtain money from the sale of her
timber as soon as possible. The price she will receive will be paid in
advance of logging. Naturally she is agreeable to this offer.
It might be difficult to obtain the interest of prospective
purchasers in such a sale, knowing that they would have to obtain a
right-of-way over the road system constructed and used by the operator
who has made the allottee an offer.
Thus, recognizing the circumstances involved in this matter, and
because we believe it to be in the allottee's best interest, it is
recommended that an exception be made to 53 IAM 5.2.3 granting a three
year period for removal of Mrs. King's timber under a Special Allotment
Timber Cutting Permit.
Your early consideration in this matter would be greatly appreciated.
Sincerely yours,
John W. Libby ACTING Superintendent
HEL-012-1054-1055
HEL-012-1052-1055
HOLTZ, R D US DOI BIA PORTLAND
630611
CORRESPONDENCE
HOLTZ, R D US DOI BIA PORTLAND
RECEIVED
630701 Forestry 61-6-2 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON 97208
630611
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter of 630604, you submitted the original and one copy
of the Certificate of Completion covering operations of Arlene Heck
Williams on her Allotment No. 1848, Quinault Reservation. You report
operations under Special Allotment Timber Cutting Permit No. Q-2-62 have
been satisfactorily completed and you request authority to refund the
cash bond to the permittee.
You are hereby authorized to notify Mrs. Williams that she is
relieved of any liability under the permit arising subsequent to the
date of this letter. You are also authorized to refund to her the
special deposit of $1,987.58 which has been held in lieu of bond.
Please furnish us with two copies of your letter to Mrs. Williams
closing the sale. You should also advise us of the date the Certificate
of Completion was signed by the Superintendent so that we may complete
our copies of this document.
Sincerely yours,
(Sgd) R. D. HOLTZ Area Director
cc: Commissioner, Attn. Branch of Forestry, e/enclosures
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) Western Washington Agency Indian Office file
No. Permit No. Q-2-62 Quinault Reservation Arlene Heck Williams Logging
Unit Arlene Heck Williams Contractor
Contract approved 620307 Expires 630228 Assignee
Land status: Allotted Tribal Government Owned
Description NE 1/4 SE 1/4 Sec. 28, T. 23 N., R. 13 W., and Lot 14,
Sec. 5, T. 23 N., R. 12 W., W.M., Wash.
Allotment No. 1848 Name of allottee Arlene Heck Williams
Table not keyed, see original
PERMITTEE'S CERTIFICATE (FINAL CUT)
I hereby surrender all rights under the above contract and request to
be released from further obligations under said contract.
Arlene Heck Williams Clearwater, Washington
Dated 630529
INSPECTOR'S CERTIFICATE (FINAL CUT)
I hereby certify that I have examined the above-described land and
recommend that the authorized contractor be released from further
obligations under said contract.
John W. Palmer Forester
Dated 630603
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
Estimated funds accrued from the sale of timber on the land and under
the contract above designated.
T. S. Schwartz Superintendent
Dated 630604
HEL-012-1056-1057
HEL-012-1056-1057
FELSHAW, G M W WASH AGENCY
630612
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
Forestry 339.2(7-s) Permit No. Q-2-62
Your reference: 61-6-2 - 339.5
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630612
Mrs. Arlene Heck Williams Route 2 Sterling Road Sedro Woolley,
Washington
Dear Mrs. Williams:
Since operations under your Special Allotment Timber Cutting Permit
No. Q-2-62 have been satisfactorily completed, we have been authorised
by the Area Director, in a letter dated 630611, to relieve you of any
liability under the permit arising subsequent to that date, and to
refund to you the special deposit of $1,987.58 which has been held in
lieu of bond.
You are hereby relievd of liability under this permit arising
subsequent to 630611. Your cash deposit in lieu of bond is being
refunded to you in care of Billy D. Lyons, Box 716, Forks, Washington.
This is in accordance with your instructions since Mr. Lyons advanced
this money in your behalf.
You should arrange to meet with Mr. Lyons and settle your account
with him. It is our understanding that he still owes you $1,867.39. If
this is correct, Mr. Lyons is due $120.19 from your refund check.
We suggest that you meet with Mr. Lyons and arrange to pay him the
amount due him. You are urged to deposit a substantial part of the
balance to your IIM account in this office in order that our Welfare
Officer can assist you in planning for its expenditure. It will be many
years before you can hope for any further substantial income from your
allotment.
We are happy to have been of service to you in this endeavor. If we
can be of further assistance, please let us know.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosure; Cart. of Completion
Copy to: Lyons Logging Company Box 716 Ferks, Washington Portland
Area Office; NOTE: The Superintendent signed the Certificate of
Completion on 630604.
HEL-012-1058-1058
HEL-012-1058-1058
WILLIAMS, A H
630507
CORRESPONDENCE
BR OF FORESTRY PAO
RECEIVED
630513
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Regular Mail
For Information
TO Commissioner
FOR ATTENTION OF: Forestry
FROM Portland Area Office Br of Forestry
630507
SUBJECT For special Allotment Timber Cutting Permit Q-1-61.
HEL-012-1059-1059
HEL-012-1059-1060
COMM DOI BIA BR OF FORESTRY
630502
CORRESPONDENCE
SUPT W WASH INDIAN AGENCY
Forestry 339.2 Sp Per Q-1-61 James Bertrand - #1636
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630502
Mr. James A. Bertrand 8060 North Ivanhoe Street Portland 3, Oregon
Dear Mr. Bertrand:
Enclosed is a copy of a letter from the Portland Area Office granting
you an extension of your Special Allotment Timber Cutting Permit No.
Q-1-61 to 640430. You should make every effort to complete your
operations within this period, as
Sincerely yours,
(Sgd) M L SCHWARTZ Superintendent
Copy to: Trevelere Indemnity Co. Hoquiam Subagency Portland Area
Office
HEL-012-1060-1060
HEL-012-1059-1060
BERTRAND, J A
630501
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
630506
Forestry 60-7-14 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF THE INTERIOR PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
630501
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 630426, you submitted a request from Mr. James
A. Bertrand for a one-year extension of his Special Allotment Timber
Cutting Permit No. Q-1-61. The permittee indicates his operations have
not been completed due to delays caused by unfavorable weather, a
damaged bridge across Whale Creek, and a generally poor market for cedar
logs. You recommend extending the cutting and removing requirements
from 630430 to 640430.
We are hereby extending the cutting and removing requirements under
this permit to 640430. You should advise Mr. Bertrand of this action
and urge him to complete his operations within the prescribed extension
period.
Sincerely yours,
(Sgd) PERRY E. SKARRA Acting Area Director
cc: Commissioner, Attn. Branch of Forestry Hoquiam Subagency
HEL-012-1061-1061
HEL-012-1061-1061
FELSHAW, G M W WASH AGENCY
630403
CORRESPONDENCE
WILCOX, E R US DOI BIA PORTLAND
630506
Mr. Robinson
Briefs #2744-63 & 2742-63
Please file and return to 330.
WESTERN WASHINGTON 9156-60-339
kg
Forestry
RETURN TO 330
RECEIVED
630412
IN REPLY REFER TO: Forestry 60-7-14 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
630403
Mr. George M. Felshaw
Superitendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 630325, you submitted, in duplicate, copies of
Certificate of Completion covering operations of Lizzie Moses Capoeman
on her Allotment No. 107, Quinault Reservation. You report operations
under Special Allotment Timber Cutting Permit No. Q-8-62 have been
satisfactorily completed and you request authority to refund the cash
bond to the permittee.
You are hereby authorized to notify Mrs. Capoeman that she is
relieved of any liability under the permit arising subsequent to the
date of this letter. You are also authorized to refund to her the
special deposit of $3,262.97 which has been held in lieu of bond.
We are returning our copies of the Certificate of Completion for the
following corrections:
1. Our records indicate the contract was approved on 620919.
2. The net amount reported as accrued to the allottee appears to be
in error by $1,000.
3. The date the certificate was signed by the Superintendent is not
shown.
Following your consideration of the above, please return the
certificate to us. You should also furnish us with two copies of your
letter to the permittee closing the sale.
Sincerely yours,
(SGD) EARLE R. WILCOX Acting Assistant Area Director
Enclosures (2)
cc: Hoquiam Subagency Commissioner, Attn. Branch of Forestry
w/enclosures (2)
5-500a
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 000325
Indian Office file No. Permit No. Q-8-62 Lizzie Moses Capoeman
Logging Unit
Contract approved 620919. Expires 630930
Land status: Allotted
Western Washington Agency Quinault Reservation Lizzie Moses Capoeman
Contractor
Description Lots 4 & 5, Section 2, Township 23 North, Range 13 West,
Willamette Meridian Washington
Allotment No. 107 Name of allottee Lizzie Moses Capoeman
Table not keyed, see original
PERMITTEE'S CERTIFICATE (FINAL CUT)
I hereby surrender all rights under the above contract and request to
be released from further obligations under said contract.
Lizzie Moses Capoeman Taholah, Washington
630321
INSPECTOR'S CERTIFICATE (FINAL CUT)
I hereby certify that I have examined the above-described land and
recommend that the authorized contractor be released from further
obligation under said contract.
John W. Palmer Forester
630322
SUPERINTENDENT'S CERTIFICATE estimated
I hereby certify on honor that the foregoing is a true account of all
funds accrued from the sale of timber on the land and under the contract
above designated.
George M. Felshaw Superintendent
630302
16-17352-2 U. S. GOVERNMENT PRINTING OFFICE
HEL-012-1062-1064
HEL-012-1062-1065
FELSHAW, G M W WASH AGENCY
630404
CORRESPONDENCE
SUPT W WASH INDIAN AGENCY
Forestry 339.2 Sp Permit Q-8-62 CAPOEMAN, Lizzie Moses
630404
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mrs. Lizzie Moses Capoeman Taholah, Washington
Dear Mrs. Capoeman:
Enclosed is Certificate of Completion covering operations on your
allotment No. 107, Quinault Indian Reservation, under Special Allotment
Cutting Permit No. Q-8-62. All operations have been satisfactorily
completed, and as of the date of this letter, you are hereby relieved of
any further liability under the permit.
Your cash penal bond in the amount of $3,262.97 is being refunded in
care of Morrison Logging Company.
Sincerely yours,
Superintendent
Enclosure
Copy to: Morrison Logging Company w/enc Portland Area Office Hoquiam
Subagency
HEL-012-1065-1065
HEL-012-1062-1065
CAPOEMAN, L M
630403
CORRESPONDENCE
WILCOX, E R US DOI BIA PORTLAND
RECEIVED
630412
Forestry 60-7-14 - 339.5 Cutting Permit
630403
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 630325, you submitted, in duplicate,
Certificate of Completion covering operations of Eleanor Henriquez
Wheeler on her Allotment No. 1122, Quinault Reservation, Washington.
You report operations under Special Allotment Timber Cutting Permit No.
Q-5-61 have been satisfactorily completed and you request authority to
refund the cash bond in the amount of $2,977.44 to the permittee.
You are hereby authorized to notify Mrs. Wheeler that she is relieved
of any liability under Permit No. Q-5-61 arising subsequent to the date
of this letter. You are also authorized to refund to her the special
deposit of $2,977.44 in lieu of bond.
Please furnish us with two copies of your letter to the permittee
closing the sale. You should also advise us of the date the Certificate
of Completion was signed by the Superintendent so that we may complete
our copies of this document.
Sincerely yours,
(SGD) EARLE R. WILCOX Acting Assistant Area Director
cc: Hoquiam Subagency Commissioner, Attn. Branch of Forestry
w/enclosures (2)
5-500a
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS (490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final)
Indian Office file No. Permit No. Q-5-61 Eleanor Henriquez Wheeler
Logging Unit
Contract approved 611122 Expires 621130
Land status: Allotted
Western Washington Agency Quinault Reservation Eleanor Henriquez
Wheeler Contractor
Description S 1/2 SW 1/4 Section 14, Township 23 North, Range 12
West, Willamette Meridan, Washington
Allotment No. 1122 Name of allottee Eleanor Henriquez Wheeler
Table not keyed, see original
PERMITTEE'S CERTIFICATE (FINAL CUT)
I hereby surrender all rights under the above contract and request to
be released from further obligations under said contract.
Eleanor Henriquez Wheeler Permittee
630315
INSPECTOR'S CERTIFICATE (FINAL CUT)
I hereby certify that I have examined the above-described land and
recommend that the authorized contractor be released from further
obligation under said contract.
permittee
John W. Palmer Forester
630322
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
estimated funds accrued from the sale of timber on the land and under
the contract above designated.
George M. Felshaw Superintendent
630325
16-17352-2 U.S. GOVERNMENT PRINTING OFFICE
HEL-012-1066-1067
HEL-012-1066-1068
FELSHAW, G M W WASH AGENCY
630404
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
Forestry 339.2 Sp Permit Q-5-61 WHEELER, Eleanor Henriquez
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630404
Mrs. Eleanor Wheeler 1584 Hoolaulon Street Monilani Suburbs Pearl
City, Honolulu, Hawaii
Dear Mrs. Wheeler:
Enclosed is Certificate of Completion covering operations on your
allotment No. 1122, Quinault Indian Reservation, under Special Allotment
Cutting Permit No. Q-5-61. All operations have been satisfactorily
completed, and as of the date of this letter, you are hereby relieved of
any further liability under the permit.
Your each penal based in the amount of $2,977.44 is being refunded.
At your request, we are furnishing a copy of the Certificate of
Completion to your attorney, James H. Kane.
Sincerely yours,
(Sgd) George M. Felshaw Superintendent
Enclosure
Copy to: James H. Kane w/enc Portland Area Office - 2 Hoquiam
Subagency
CC signed by Superintendent 630325
HEL-012-1068-1068
HEL-012-1066-1068
WHEELER, E
630306
CORRESPONDENCE
WILCOX, E R US DOI BIA PORTLAND
RECEIVED
630318
Forestry 60-7-14 - 339.5 Cutting Permits
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
630306
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 630304, you submitted duplicate copies of a
Certificate of Completion covering operations of Mr. Phillip Martin
under Special Allotment Timber Cutting Permit No. Q-1-62. You report
Mr. Martin has fulfilled all obligations under the permit and you
request authority to refund the cash bond in the amount of $164.04 to
him.
You are hereby authorized to notify the Permittee that he is relieved
of any liability under the permit arising subsequent to the date of this
letter. You are also authorized to refund the cash deposit of $164.04
which was posted as a bond.
Please send us two copies of your letter to Mr. Martin closing the
permit. We shall forward a copy of the letter and the certificate to
the Washington Office.
Sincerely yours,
(SGD) EARLE R. WILCOX Acting Assistant Area Director
cc: Commissioner, Attn. Br. of Forestry w/enclosures (2) Hoquiam
Subagency
RECEIVED
630318
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 630304
Indian Office file No. Permit No. Q-1-62
Phillip Martin Logging Unit
Contract approved 620202 Expires 630130
Land status: Allotted
Western Washington Agency
Quinault Reservation
Phillip Martin Contractor
Description N1/2SE1/4 Section 32, Township 22 North, Range 11 West,
Willamette Meridian, Washington
Allotment No. 860000 Name of allottee Phillip Martin
Table not keyed, see original
PERMITTEE'S CERTIFICATE (FINAL CUT)
I hereby surrender all rights under the above contract and request to
be released from further obligations under said contract.
Phillip Martin Taholah, Washington
Dated 630301
INSPECTOR'S CERTIFICATE (FINAL CUT)
I hereby certify that I have examined the above-described land and
recommend that the authorized permittee be released from further
obligation under said contract.
John W. Palmer Forester
Dated 630301
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
estimated and funds accrued from the sale of timber on the land and
under the contract above designated.
George M. Felshaw Superintendent
Dated 630304
HEL-012-1069-1070
HEL-012-1069-1071
FELSHAW, G M W WASH AGENCY
630311
CORRESPONDENCE
LIBBY, J W W WASH AGENCY
Forestry 339.2 MARTIN, Phillip #1986 Sp Perm Q-1-62
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630311
Mr. Phillip Martin
Taholah, Washington
Dear Mr. Martin:
Enclosed is Certificate of Completion of Special Allotment Timber
Cutting Permit No. Q-1-62, issued in your favor, covering the removal of
timber from your allotment No. 1986 on the Quinault Indian Reservation.
All provisions of the permit have been fulfilled.
You are hereby relieved of any liability under the permit arising
subsequent to 630306. Your cash deposit of $164.04 is being refunded.
Sincerely yours,
(Sgd.) John W. Libby Acting Superintendent
Enclosure
Copy to: Portland Area Office Hoquiam Subagency
HEL-012-1071-1071
HEL-012-1069-1071
MARTIN, P
630116
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
630204
Forestry 60-7-14 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
630116
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 630111, you submitted the original and one
copy of Certificate of Completion of Special Allotment Timber Cutting
Permit No. Q-3-62, issued to Mr. Horton Capoeman. You indicate
operations have been satisfactorily completed and you request authority
to close out the permit and refund the cash bond to the Permittee.
We have compared the certificate with the permit and find them to be
in agreement. We are therefore hereby authorizing you to notify Mr.
Capoeman that he is relieved of any liability under the permit arising
subsequent to the date of this letter. You are also authorized to
refund to him the cash deposit of $280 in lieu of bond.
Please send us two copies of your letter to Mr. Capoeman closing the
sale.
Sincerely yours,
Sgd) PERRY E SKARRA Acting Area Director Hoquiam Subagency
Commissioner, Attn. Branch of Forestry
w/enclosures
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Indian Office file No. Permit No. Q-3-62 Horton Capoeman Logging Unit
Contract approved 620515 Expires 630430
Land status: Allotted
Western Washington Agency
Quinault Reservation
Horton Capoeman Contractor
Description Lot 4, Section 25, Township 22 North, Range 12 West,
Willamette Meridian, Washington
Allotment No. 10 Name of allottee Horton Capoeman
Table not keyed, see original
RECEIVED
630204
PERMITTEE'S CERTIFICATE
(FINAL CUT)
I hereby surrender all rights under the above contract and request to
be released from further obligations under said contract. Horton
Capoeman Taholah, Washington
Dated 630108
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
recommend that the authorized permittee be released from further
obligation under said contract.
John W. Palmer Forester
Dated 630108
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
estimated funds accrued from the sale of timber on the land and under
the contract above designated.
George M. Felshaw Superintendent
Dated 630108
HEL-012-1072-1073
HEL-012-1072-1074
FELSHAW, G M W WASH AGENCY
630128
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Forestry 339.2 CAPOEMAN, Horton Permit Q-3-62
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
630128
Mr. Horton Capoeman
Taholah, Washington
Dear Mr. Capoeman:
Enclosed is Certificate of Completion of Special Allotment Timber
Cutting Permit No. Q-3-62, issued in your favor, covering the removal of
timber from your allotment No. 10 on the Quinault Indian Reservation.
All provisions of the permit have been fulfilled.
You are hereby relieved of any liability under the permit arising
subsequent to 630111. Your cash deposit of $280.00 in lieu of bond is
being refunded.
Sincerely yours, (SGD) M.L. SCHWARTZ Superintendent
Enclosure
Copy to: Portland Area Office Mr. Jim W. Wells
HEL-012-1074-1074
HEL-012-1072-1074
CAPOEMAN, H
630115
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
630122
530700
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
TO Commissioner
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
DATE: 610115
SUBJECT Copy of letter to Emily Cleveland Penn extending Permit No.
Q-4-61 Western Washington
HEL-012-1075-1075
HEL-012-1075-1077
COMM DOI BIA
630111
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-4-61
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
630111
Mrs. Emily Cleveland Penn Queets Village Clearwater, Washington
Dear Mrs. Penn:
Enclosed is a copy of a letter from the Assistant Area Director
stating that the expiration date of your Permit No. Q-4-61 has been
extended from 621031 to 631031. We hope you will be able to
successfully dispose of your timber by that date.
Please feel free to call on us at any time if you have any questions
pertaining to logging your timber.
Sincerely yours, Sgd. Don W. Clerk Don W. Clark Assistant Forest
Manager
Portland Area Office (2)
HEL-012-1076-1076
HEL-012-1075-1077
PENN, E C
630109
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
630218
Forestry 60-7-14 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
530109
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 630104, you enclosed a copy of letter dated
621025, from Mrs. Emily Cleveland Penn requesting an extension of time
to complete logging on her allotment. The logging was authorized under
Special Allotment Timber Cutting Permit No. Q-4-61. Mrs. Penn indicates
that operational difficulties and poor market conditions have made it
difficult to produce and sell logs. She has requested a one-year
extension of the permit.
Section 4 of Special Allotment Permit Q-4-61 provides, "The authority
to cut and remove timber under this permit shall expire on 621031,
unless the permit is extended by the Approving Officer after receipt of
a request by the Permittee setting forth reasons for the extension which
are satisfactory to the Approving Officer. Request must be made in
writing through the Superintendent prior to the expiration date."
The timber to be cut under this permit includes a preponderance of
western red cedar sawlogs and the market for this species has not been
particularly good. You also indicate that Mrs. Penn has been quite ill
during recent months and no operations were conducted in her absence.
In view of these difficulties, we are hereby extending the expiration
date of Permit Q-4-61 from 621031 to 631031.
We are hopeful that Mrs. Penn's health is now improved and that she
will be able to sell her logs in the near future. Please send Mrs. Penn
a copy of this letter and furnish us with two copies of your letter of
transmittal.
Sincerely yours, (Sgd) PERRY E. SKARRA Assistant Area Director
cc: Hoquiam Subagency (2) Commissioner, Attn. Br. of Forestry
HEL-012-1077-1077
HEL-012-1077-1077
FELSHAW, G M W WASH AGENCY
621231
CORRESPONDENCE
MOORE, H L US DOI BIA PORTLAND
RECEIVED
630114
Forestry 60-7-14 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
621231
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 621221, you submitted for our approval Special
Allotment Timber Cutting Permit Q-12-62. the permit will authorize Mrs.
Violet Bright Black to log the timber on Quinault Allotment No. 942.
We are approving the permit. The original and one copy are being
mailed to Mr. Clark at the Hoquiam Office with a copy of this letter.
One of the remaining copies will be sent to the Washington Office, and
the other kept in our files.
You may use the same form of transmittal used for the John Shale
Permit (Q-11-62). Please send us two copies of your letter to Mrs.
Black and also advise us as to the date of receipt of fees and delivery
of the contract.
Sincerely yours,
Sgd H. L Moore Acting Area Director
cc: Hoquiam Subagency w/enclosures (2) Commissioner, Attn. Branch of
Forestry w/enclosures (2)
RECEIVED
630114
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613 600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-12-62
Allotment No. 942, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Violet Bright
Black, hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the Lots 17 & 18, Section 3, Township
23 North, Range 12 West, Willamette Meridian, Washington to cut and sell
the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 631231, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $1,148.45 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payments shall be made #in full prior to the
approval of this permit#
Payments other than in cash small be drawn payable to the Bureau of
Indian Affairs.
#Delete one payment option.
Release 53-6, 2-23-60
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$2,296.90 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
A. Slash Disposal - Not applicable.
B. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
1. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
2. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Violet Bright Black
Permittee Violet Bright Black
Date: 621218
APPROVED: Sgd. H. L. Moore Title Acting Area Director Date: 621231
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operations
of all logging equipment shall be subject to such reasonable
restrictions as the Officer in Charge may prescribed.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operation shall be removed
from streams designated by the Officer in Charge. Streams shall not be
polluted by sawdust, oil or other refuse. In this subsection, "streams"
shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Falling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag falling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
Release 53-6, 2-23-60
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
RECEIVED
630114
FOREST OFFICER'S REPORT VIOLET BRIGHT BLACK PERMIT SALE QUINAULT
INDIAN RESERVATION WASHINGTON
Introduction:
Mrs. Violet Bright Black has requested that a Special Allotment
Timber Cutting Permit be issued to her for the harvesting of timber on
her allotment No. 942, located in the Northwest portion of the Quinault
Reservation. Mrs. Black will not log the timber herself as she owns no
logging equipment. She plans to contract for the logging of the timber
with persons presently operating in the immediate vicinity of her
allotment.
Description of Area and Stand:
The allotment is described as follows:
Lots 17 and 18, Section 3, Township 23 North, Range 12 West,
Willamette Meridian, Washington
The allotment is located 58 miles north of Grays Harbor area over
U.S. Highway 101, which intersects the northeast corner of the
allotment. The accessibility is further improved by a logging road
running into the interior. The tract supports a relatively poor stand
of virgin timber, consisting of western redcedar (82%), western hemlock
(10%), western white pine (6%), and Pacific silver fir (2%). The
topography is gentle rolling hills, with slopes to the north and west.
Drainage is generally fair to poor, which leads to a low site condition
towards the west end of the allotment. A high-lead or tractor show
would be feasible, but preferably a high-lead show during the winter
months.
Current Market Conditions:
The log market on Grays Harbor has remained relatively stable the
past six months, with only slight increases noted in some species of log
grades and slight decreases noted in others. With the exception of
Douglas-fir and western redcedar, log prices of all species have changed
very little over prices paid last year. Western redcedar log grade
prices paid the 3rd quarter of 620000 increased somewhat over those paid
during the 2nd quarter. All Douglas-fir log prices are below prices
paid a year ago. The demand for western hemlock, Pacific silver fir and
Sitka spruce remains very good. The demand for western redcedar shows
signs of improvement, particularly in the No. 2 log grade. This, no
doubt, is the result of some improvement in the shake and shingle
markets. At the present time, a greater volume of logs is moving from
water storage and sale areas. This might indicate a general
"firming-up" of markets for all cedar products.
Appraisal of Stumpage Values:
Appraisal of timber is based on 3rd Quarter log market prices of logs
delivered to tidewater in the Aberdeen and Hoquiam area on Grays Harbor.
Also, this area offers complete manufacturing facilities on a railhead.
CRUISE SUMMARY
Violet Bright Black Logging Unit
Quinault Reservation
Dated Cruised 621127-621128
Allottee & No. Violet Black, Quin. 942
Cruiser Turner, Buzzini
Legal Desc. Lots 17 & 18, 3-23-12
Min. Merch. 12" D.B.H., 8" top or est. of merch. ht.
Merch. Acreage 65
Non-Merch. Acreage 15 Vol. per Acre on Merch. Acreage 30 MBM Per Cent
Cruise 20
Table not keyed, see original
Remarks: Under Section 3 of the permit, we have eliminated all
mention of the diameter limit so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest products.
LOG VALUES
Table not keyed, see original
#Log Prices from: 3rd Qtr. 620000 PNLA Grays Harbor Market Log
Prices and prices paid by local mills as of 621001. The higher price
was used in all instances.
LOGGING COSTS
Violet Bright Black LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
1. Direct logging and overhead cost estimates are average costs
obtained from five operators in Grays Harbor County (copies at Agency
and Area offices). 2. Truck hauling rates computed according to
Washington Utilities and Transportation Commission Tariff 4-A, effective
620110.
#Factor used to adjust truck hauling costs from gross to not scale
when computing hauling costs on the basis of the Washington State
Formula (Ref. R6-TM-179).
1. Road maintenance computed using recommended Forest Service figure
of .10 per M/Mile.
Determination of Stumpage Values:
Stumpage values are computed by use of the following formula:
S = V/1.OP - C
In which S = Stumpage value
V = Net log value
.OP = Percentage of profit and risk
C = Total logging costs
1. Western redcedar:
$43.94/1.10 - $28.99 $10.96
2. Western hemlock:
$44.91/1.08 - $27.66 $13.92
3. Pacific silver fir:
$45.88/1.08 - $27.66 $14.82
4. Western white pine:
$51.27/1.10 - $27.85 $18.75
Recommended Stumpage:Rates (rounded to nearest five cents)
1. Western redcedar $10.95
2. Western hemlock $13.90
3. Pacific silver fir $14.80
4. Western white pine $18.75
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to five an operator a margin for reasonable profit.
Such factors as market conditions, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk. Analysis of recent sales by the Washington State
Department of Natural Resources indicates that operators are considering
this amount in their bidding on each species.
APPRAISAL SUMMARY
Violet B. Black LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
Recommendations:
It is recommended that the above value be accepted as the appraised
stumpage value for the species of timber on the subject tract.
Date: 621217
Sgd. Don W. Clark Assistant Forest Manager
Date: 621200
CONCUR: (Sgd.) John W. Libby by Kenneth R. Miracle Forest Manager
Date: 621227
APPROVED: (SGD) M. L. SCHWARTZ Acting Superintendent
HEL-012-1078-1091
HEL-012-1078-1093
FELSHAW, G M W WASH AGENCY
630107
CORRESPONDENCE
DECELLE, W J W WASH INDIAN AGENCY
Forestry-339.2 Permit Q-12-62
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
630107
Mrs. Violet B. Black Gonzales 1313 Fawcett Avenue Tacoma, Washington
Dear Mrs. Gonzales:
During your recent contacts with our Hoquiam Office, you indicated
that you would like to handle the sale of the timber from your allotment
No. 942 yourself. Our Forestry staff explained that a Special
Allotment Timber Cutting Permit could be issued authorizing you to do
this, since you are the sole owner.
The timber has been cruised by our foresters, and the volume and
values by species are shown below. (The volumes were based on a 20%
cruise, with a tally being made of all trees 12 inches D.B.H. and
larger.)
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. We wish to point out that our appraised values are
based on tidewater log prices on Grays Harbor.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have full responsibility for determining the volume of
products sold, and for carrying out the sale transaction.
We are quite sure you understand that the special deposit of
$2,296.90 referred to in Section 6 of the permit will be held until
logging operations have been satisfactorily completed. The permit
provides that the deposit may be used to repair any damages that may be
caused in logging operations. The balance will then be returned to you.
The administrative fees of $1,148.45 mentioned in Section 5 of the
permit will be deposited to the U.S. Treasury, and cannot be returned to
you. Both the special deposit and the payment for administrative fees,
totalling $3,445.35, must be paid in full to this office before you will
receive the approved permit.
We believe Mr. Clark has discussed this information with you, and
that you agreed on these terms at the time you signed the permit. The
approved permit, which is being held in Hoquiam, authorizes you to cut
and sell your timber.
It would be appreciated if you could arrange to meet with Mr. Clark
in the Hoquiam Office on either Wednesday or Thursday, 000109 or 000110,
at 1:00 P.M., to discuss your plan of operations under this permit. You
may also desire to discuss this matter with your attorney in Aberdeen at
this time.
Sincerely yours,
(Sgd) W. J. DeCelle
ACTING Superintendent
Portland Area Office - (2)
HEL-012-1092-1093
HEL-012-1078-1093
GONZALES, V B B
621120
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
630108
Forestry 60-7-14 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
621120
Mr. George Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
We have compared the Certificate of Completion of Special Allotment
Timber Cutting Permit No. Q-3-61, issued in favor of Robert Fisher,
covering the removal of timber from Allotment No. 1793, with the permit
and find them to be in agreement.
You are hereby authorized to notify Mr. Fisher that he is relieved of
any liability under the permit arising subsequent to the date of this
letter. You are also authorized to refund to Mr. Fisher the cash
deposit of $108.48 in lieu of bond.
We are returning the original and one copy of the certificate. We
have retained one copy for our file and one copy for the Washington
Office.
Please send us two copies of your letter to Mr. Fisher closing the
sale. We shall forward one copy to the Washington Office.
Sincerely yours,
(Sgd) PERRY E. SKARRA
Assistant Area Director
cc: Commissioner, Attn. Br. of Forestry, w/enclosures
RECEIVED 630108
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final)
Indian Office file No. Permit No. Q-3-61
Robert Fisher Logging Unit
Contract approved 610606 Expires 620531
Land status: Allotted
Western Washington Agency
Quinault Reservation
Robert Fisher Contractor
Description Lot 2, Section 16, Township 23 North, Range 13 West,
Willamette Meridian, Washington
Allotment No. 1793
Name of allottee Robert Fisher
Table not keyed, see original
PERMITTEE'S CERTIFICATE
(FINAL CUT)
I hereby surrender all rights under the above contract and request to
be released from further obligations under said contract.
Robert Fisher Robert Fisher
Westport, Washington
Dated 621103
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
recommend that the authorized be released from further obligation under
said contract.
John W. Palmer John W. Palmer
Forester
Dated 621108
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
estimated funds accrued from the sale of timber on the land and under
the contract above designated.
(Sgd.) George M. Felshaw
Superintendent
Dated 621113
HEL-012-1094-1095
HEL-012-1094-1096
FELSHAW, G W WASH INDIAN AGENCY
621228
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
Forestry 339.2 Robert Fisher Q-3-61
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
621228
Mr. Robert Fisher Box 24 Westport, Washington
Dear Mr. Fisher:
Enclosed is Certificate of Completion of Special Allotment Timber
Cutting Permit No. Q-3-61, issued in your favor, covering the removal of
timber from your allotment No. 1793 on the Quinault Indian Reservation.
All provisions of the permit have been fulfilled.
You are hereby relieved of any liability under the permit arising
subsequent to 621121. Your cash deposit of $108.48 in lieu of bond is
being refunded.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosure Copy to: Portland Area Office Hoquiam Subagency
HEL-012-1096-1096
HEL-012-1094-1096
FISHER, R
621115
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED 621130
IN REPLY REFER TO:
Forestry 60-7-14 - 339.5 Cutting Permits
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 4097 PORTLAND 8, OREGON
(ILLEGIBLE)
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 621109, you submitted for our approval Special
Allotment Timber Cutting Permit Q-11-62. The permit will authorize Mr.
John R. Shale to log his Quinault Allotment No. 1371.
We are approving the permit and sending one copy to you. The
original and one copy are being mailed to Mr. Clark in the Hoquiam
Office with a copy of this letter. One of the remaining copies will be
sent to the Washington Office and the other retained in our files.
You may use the same form of transmittal letter used for the Imogene
Heck Joe Permit Q-7-62. Please send us two copies of your letter to Mr.
Shale and also advise us as to the date of receipt of fees and delivery
of the permit.
Sincerely yours,
(Sgd) PERRY E. SKARRA Assistant Area Director
Enclosure
cc: Hoquiam Subagency, w/enclosures (2) Commissioner, Attn. Br. of
Forestry w/enclosures (2)
RECEIVED 621130
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FORM 5-613
600000
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-11-62
Allotment No. 1371, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to John R. Shale
hereinafter called the Permittee, sole owner of the allotment shown
above which is described as the N1/2 SW1/2 Section 22, Township 23
North, Range 13 West, Willamette Meridian, Washington to cut and sell
the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 631130, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $2,467.60 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payments shall be made #in full prior to the
approval of this permit#
(ILLEGIBLE LINE) Payments other than in cash shall be drawn payable
to the Bureau of Indian Affairs.
# Delete one payment option.
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reaonsable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittant water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Files shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
Release 53-6, 2-23-60
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(e) Road Maintenance. All roads and trials which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreements the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be paid for by the Permittee in an amount to be determined by the
Approving Officer.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$4,935.20 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
A. Slash Disposal - Not applicable.
B. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
1. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
2. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian Lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: John A. Shake Permittee John A. Shale Date: 621107
APPROVED: (Sgd) PERRY E. SKARRA Title: Assistant Area Director
Date: 621115
Table not keyed, see original
CORRECTION
The preceding document(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
Table not keyed, see original
FOREST OFFICER'S REPORT JOHN R. SHALE PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
Introduction:
Mr. John R. Shale has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on his
allotment No. 1371, located in the Northwest Portion of the Quinault
Reservation. Mr. Shale will not log the timber himself as he owns no
logging equipment. He plans to contract for the logging of the timber
with persons presently operating in the immediate vicinity of his
allotment.
Description of Areas and Stand:
The allotment is described as follows:
N1/2 SW1/4 Section 22, Township 23 North, Range 13 West,
Williamette Meridian, Washington
The allotment is located approximately 65 miles north of Hoquiam,
Washington, and approximately four miles south of Highway 101, in the
Northwest portion of the Quinault Reservation. The tracts immediately
north and east of the subject tract are fee patented, and have been
logged for several years. The adjacent tract to the west is being
logged at the present time. There is a logging road within a few
hundred feet along the north edge of the subject tract.
The timber is situated on several benches north of Raft River, with
drainage to the south and west. These benches are level, with slopes on
the area of approximately 10 percent. This topography presents an easy
logging show, and road construction should be no problem. The timber is
predominately average quality western redcedar, with leaser amounts of
western hemlock, Sitka spruce, Pacific silver fir and western white
pine. Western redcedar comprises 77 percent of the total stand, with
western hemlock comprising 20 percent. Sitka spruce, Pacific silver fir
and western white pine each make up one percent of the total stand.
This timber is all mature and over-mature, and is evenly distributed
over the entire 80 acres.
Current Market Conditions:
The Grays Harbor log market prices have remained relatively stable
the past six months. However, log prices are still below those paid a
year ago, with not much indication of any change for the next few
months. Limited amounts of cedar logs are moving from water storage to
manufacturing plants, but at prices considerably lower than those
received last year. There is still very little demand by purchasers for
cedar timber. Even though prices for western hemlock, silver fir and
Sitke spruce are not as high as prices paid last year, the demand for
these species remains good.
Appraisal of Stumpage Values:
Appraisal of timber is based on 3rd Quarter log market prices of logs
delivered to tidewater in the Aberdeen and Hoquiam area on Grays Harbor.
Also, this area offers complete manufacturing facilities on a railbead.
CRUISE SUMMARY
John R. Shale Logging Unit Quinault Reservation
Date Cruised 610707 Allottee & No. John R. Shale, Q.1371 Cruiser
Collins, Turner, Woll and Sanders Legal Desc. N1/2 SW1/4 Sec. 22-23-13
Min. Merch. 12" Merch. Acreage 80 Non-Merch. Acreage 0
Sampling Error 13.2% Coefficient of Variation 67.5%
Vol. per Acre on Merch. Acreage 57 MBM Per Cent Cruise 20
Table not keyed, see original
Remarks: Under Section 3 of the permit, we have eliminated all
mention of the diameter limit so the permittee may utilize any material
suitable for cordwood or pulpwood consistant with existing markets for
this type of forest product.
John R. Shale Quin. 1371
LOG VALUES
Table not keyed, see original
#Log Prices from: 3rd Qtr. 620000 PNLA Grays Harbor market log
prices and log prices being paid by Grays Harbor mills as of 621001. In
all instances, the higher log value was used.
Table not keyed, see original
Notes:
1. Direct logging and overhead cost estimates are average costs
obtained from five operators in Grays Harbor County (copies at Agency
and Area Offices).
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commissioner Tariff 4-A, effective 620110.
Table not keyed, see original
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of the Washington State
Formula (Ref. R6-TM-179).
Notes:
1/ Road maintenance computed using recommended Forest Service figure
of .10 per M/Mile.
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula:
S = v/1.OP - c
In which S = Stumpage value
V = Net log value
.OP = Percentage of profit and risk
C = Total logging costs
1. Western redcedar:
$45.12/1.10 - $31.73 $9.29
2. Western hemlock:
$47.96/1.08 - $29.02 $15.39
3. Pacific silver fir:
$47.20/1.08 - $29.02 $14.68
4. Sitka spruce:
$55.17/1.10 - $30.18 $19.97
5. Western white pine:
$47.57/1.10 - $30.18 $13.07
Recommended Stumpage Rate: (rounded to nearest five cents)
1. Western redcedar $9.30
2. Western hemlock $15.40
3. Pacific silver fir $14.70
4. Sitka spruce $19.95
5. Western white pine $13.05
An allowance of eight (8) and ten (10) perecnt for profit and risk is
considered adequate to give an operator a margin for reasonable profit.
Such factors as market conditions, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk. Analysis of recent sales by the Washington State
Department of Natural Resources indicates that operators are considering
this amount in their bidding on each species.
APPRAISAL SUMMARY
Table not keyed, see original
Recommendations:
It is recommended that the above value be accepted as the appraised
stumpage value for the species of timber on the subject tract.
Date: 621107
Sgd. Don W. Clark Don W. Clark Assistant Forest Manager
Date: 621109
CONCUR: Sgd. John W. Libby John W. Libby Forest Manager
Date: 621109
APPROVED: (Sgd) W. J. DeCelle ACTING Superintendent
STATISTICAL ANALYSIS John R. Shale, Q#1371
Net Volume, MBM
Table not keyed, see original
HEL-012-1097-1114
HEL-012-1097-1116
FELSHAW, G M W WASH AGENCY
621119
CORRESPONDENCE
SCHWARTZ, M L W WASH AGENCY
Forestry-339.2 Permit Q-11-62
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
621119
Mr. John R. Shale Queets Village Clearwater, Washington
Dear Mr. Shale:
During your recent visits to our Hoquiam Office, you indicated that
you would like to handle the sale of the timber from your allotment No.
1371 yourself. Our Forestry staff explained that a Special Allotment
Timber Cutting Permit could be issued authorizing you to do this, since
you are the sole owner.
The timber has been cruised by our foresters, and the volume and
values by species are shown below. (The volumes were based on a 20%
cruise, with a tally being made of all trees 12 inches D.B.M. and
larger.)
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the values of the timber
before it is cut. We. wish to point out that our appraised values are
based on tidewater log prices on Grays Harbor.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction.
We are quite sure you understand that the special deposit of
$4,935.20 referred to in Section 6 of the permit will be held until
logging operations have been satisfactorily completed. The permit
provides that the deposit may be used to repair any damages that may be
caused in logging operations. The balance will then be returned to you.
The administrative fees of $2,467.60 mentioned in Section 5 of the
permit will be deposited to the U.S. Treasury, and cannot be returned to
you. Both the special deposit and the payment for administrative fees,
totalling $7,402.80, must be paid in full to this office before you will
receive the approved permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorize you to cut and sell your timber.
Your permit has been approved by the Area Director. You may pick it
up at our office at your convenience.
Sincerely yours,
(SGD) M. L. SCHWARTZ ACTING Superintendent
cc - Portland Area Office (2)
HEL-012-1115-1116
HEL-012-1097-1116
SHALE, J R
621114
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND 8, OREGON
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated November 9, 1962, you submitted for our
approval Special Allotment Timber Cutting Permit Q-10-62. The permit
will authorize Mr. Charles McBride to log his Quinault Allotment No.
2003.
We are approving the permit. The original and one copy are being
mailed to Mr. Clark in the Hoquiam Office with a copy of this letter.
One of the remaining copies will be sent to the Washington Office, and
the other kept in our files.
You may use the same form of transmittal as recently used for the
Imogene Heck Joe Permit (Q-7-62). Please send us two copies of your
letter to Mr. McBride and also advise us as to the date of receipt of
fees and delivery of the contract.
Sincerely yours, (Sgd) PARRY B. SHARRA Assistant Area Director
cc: Hoquiam Subagency w/enclosures (2) Commissioner, Attn. Br. of
Forestry w/enclosures (2)
HEL-012-1117-1117
HEL-012-1117-1134
FELSHAW, G M W WASH AGENCY
621214
CORRESPONDENCE
DECELLE, W J US DOI BIA
IN REPLY REFER TO:
Forestry-339.2 McBride, Q-10-62
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
621214
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
On 621213, payment in the amount of $3,646.08 was received covering
the required administrative fee and special deposit stipulated on
Special Allotment Timber Cutting Permit No. Q-10-62, granted to Mr.
Charles McBride.
The permit was delivered to Mr. McBride on the same date.
Sincerely yours,
W. J. DeCelle ACTING Superintendent
HEL-012-1118-1118
HEL-012-1117-1134
HOLTZ, R D BIA PORTLAND
621116
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.2 McBride, Q-10-62
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
621116
Mr. Charles McBride
Pacific Beach, Washington
Dear Mr. McBride:
During your recent visit to our Hoquiam Office, you indicated that
you would like to handle the sale of the timber from your allotment No.
2003 yourself. Our Forestry staff explained that a Special Allotment
Timber Cutting Permit could be issued authorizing you to do this, since
you are the sole owner.
The timber has been cruised by our foresters, and the volumes and
values by species are shown below. (The volumes were based on a 20%
cruise, with a tally being made of all trees 12 inches D.B.H. and
larger.)
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. We wish to point out that our appraised values are
based on tidewater log prices on Grays Harbor.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction.
We are quite sure you understand that the special deposit of
$2,430.72 referred to in Section 6 of the permit will be held until
logging operations have been satisfactorily completed. The permit
provides that the deposit may be used to repair any damages that may be
caused in logging operations. The balance will then be returned to you.
The administrative fees of $1,215.36 mentioned in Section 5 of the
permit will be deposited to the U.S. Treasury, and cannot be returned to
you. Both the special deposit and the payment for administrative fees,
totalling $3,646.08, must be paid in full to this office before you will
receive the approved permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorize you to cut and sell your timber.
Sincerely yours,
(Sgd.) George M. Felshaw
Superintendent
Portland Area Office (2)
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FORM 5-613 600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-10-62
Allotment No. 2003, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406 and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Charles
McBride, hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the Lot 18, Section 5, Township 23
North, Range 12 West, Willamette Meridian, Washington to cut and sell
the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 631130, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $1,213.30 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payments shall be made #in full prior to the
approval of this permit# #in installments Payments other than in cash
shall be drawn payable to the Bureau of Indian Affairs.
# Delete one payment option.
Release 53-6, 2-23-60
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$2,430.72 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
A. Slash Disposal - Not applicable
B. Snag Disposal - The permittee shall fall all unmerchantable trees
within the sale area cut over, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
A. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agree that he will leave the
boundaries and corners of the sale area clearly marked at the completion
of this sale.
B. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Charles McBride
Permittee Charles McBride
Date: 621108
APPROVED: (Sgd) PERRY E. SKARRA
Title: Assistant Area Director
Date: 621114
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(e) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protested. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash turning is required,
the Permittee will lop and pile all slash compactly. Files shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag felling. When required in Section 8 of this permit, the
Permittee shall fall all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag falling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
FOREST OFFICER'S REPORT CHARLES MCBRIDE PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
Introduction:
Mr. Charles McBride has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on a
portion of his allotment No. 2003, located in the Northwest Portion of
the Quinault Reservation. Mr. McBride will not log the timber himself
as he owns no logging equipment. He plans to contract for the logging
of the timber with persons presently operating in the immediate vicinity
of his allotment.
Description of Area and Stand:
The allotment is described as follows:
Lot 18, Section 5, Township 23 North, Range 12 West, Willamette
Meridian, Washington
The tract is located approximately 61 miles north of Hoquiam,
Washington, and approximately two miles south of U.S. Highway 101.
Esses Bros. logging road is within 400 feet of the tract. The
allotments immediately north and northeast of the subject tract were
logged several years ago, while the tract northwest is presently being
logged. Logging roads have been constructed in these areas to within a
few hundred feet of the tract. Thus, access is no major problem.
The topography is rolling, with a small draw crossing several hundred
feet south of the west boundary and running northeast through the north
boundary. Slopes are to the north, with the main drainage following the
draw described above. The timber is above average quality western
redcedar, with lesser amounts of western hemlock, Pacific silver fir and
a trace of western white pine. Western redcedar comprises 83 percent of
the total stand, with western hemlock and Pacific silver fir comprising
8 and 9 percent respectively. The timber is mature and over-mature.
The merchantable timber is concentrated primarily on 20 acres, with the
remaining 20 acres containing scattered merchantable trees and
non-merchantable timber. This would be a good high-lead logging show.
Current Market Conditions:
The Grays Harbor log market prices have remained relatively stable
the past six months. However, log prices are still below those paid a
year ago, with not much indication of any change for the next few
months. Limited amounts of cedar logs are moving from water storage to
manufacturing plants, but at prices considerably lower than those
received last year. There is still very little demand by purchasers for
cedar timber. Even though prices for western hemlock, silver fir and
sitka spruce are not as high as prices paid last year, the demand for
these species remains good.
Appraisal of Stumpage Values:
Appraisal of timber is based on 3rd Quarter log market prices of logs
delivered to tidewater in the Aberdeen and Hoquiam area on Grays Harbor.
Also, this area offers complete manufacturing facilities on a railhead.
CRUISE SUMMARY
Charles McBride Logging Unit
Date Cruised 621018
Cruiser Woll and Buzzini
Min. Merch. 12" D.B.H.
Sampling Error
Vol. per Acre on Merch. Acreage 80.8 MBM
Quinault Reservation
Allottee & No. Charles Mcbride, Q#2003
Legal Desc. Lot 18, Sec. 5-23-12
Merch Acreage 20 Non-Merch. Acreage 20
Coefficient of Variation
Per Cent Cruise 20
Table not keyed, see original
Remarks: Under Section 3 of the permit, we have eliminated all
mention of the diameter limit so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest product.
Charles McBride, Quin. 2003
LOG VALUES
Table not keyed, see original
#Log Prices from: 3rd Qtr. 620000 PNLA Grays Harbor Log Market and
prices being paid by manufacturing plants on Grys Harbor on 621001. In
all instances, the higher log value was used.
LOGGING COSTS
Charles McBride LOGGING UNIT
Quinault RESERVATION
Table not keyed, see original
Notes:
1. Direct logging and overhead cost estimates are average costs
obtained from five operators in Grays Harbor County (copies at Agency
and Area Offices).
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission Tariff 4-A, effective 620110.
Table not keyed, see original
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of the Washington State
Formula (Ref. R6-TM-179).
Notes:
1/ Approximately .25/M/Mile for use of Mayr Bros. logging road; fee
includes maintenance.
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula:
S = V/1.OP - C
In which S = Stumpage value
V = Net log value
.OP = Percentage of profit and risk
C = Total logging costs
1. Western redcedar:
$49.90/1.10 - $30.21 $15.15
2. Western hemlock:
$45.73/1.08 - $28.57 $13.77
3. Pacific silver fir:
$47.24/1.08 - $28.57 $13.17
Recommended Stumpage Rates: (rounded to nearest five cents)
1. Western redcedar $13.15
2. Western hemlock $13.75
3. Pacific silver fir $13.15
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to givee an operator a margin for reasonable profit.
Such factors as market conditions, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk. Analysis of recent sales by the Washington State
Department of Natural Resources indicates that operators are considering
this amount in their bidding on each species.
APPRAISAL SUMMARY
Table not keyed, see original
Charles McBride LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
Recommendations:
It is recommended that the above value be accepted as the appraised
stumpage rates for the species of timber on the subject tract.
Date: 621108
Date: 621109
Date 621109
Sgd. Don W. Clark
Don W. Clark
Assistant Forest Manager
CONCUR: Sgd. John W. Libby
John W. Libby
Forest Manager
APPROVED: (Sgd) W. J. DeCelle
ACTING Superintendent
STATISTICAL ANALYSIS
Charles McBride, Q#2003
Net Volumes - MBM
Table not keyed, see original
HEL-012-1119-1134
HEL-012-1117-1134
MCBRIDE, C
621101
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
621106
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Regular Mail
TO Commissioner.
FROM Portland Area Office Branch of Forestry
DATE: 621101
SUBJECT Special Allotment Timber Cutting Permit No. Q-7-62--Western
Washington.
HEL-012-1135-1135
HEL-012-1135-1153
COMM US DOI BIA BR OF FORESTRY
621012
CORRESPONDENCE
MOORE, H L US DOI BIA PORTLAND
RECEIVED 621106
IN REPLY REFER TO: Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 4097 PORTLAND 8, OREGON
621012
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
We have reviewed the Special Allotment Timber Cutting Permit and
related documents covering the proposed cutting of timber from Quinault
Allotment No. 1847. The permit is to be issued to Mrs. Imogene Heck
Joe, sole owner of the allotment.
We have checked your calculations and find them to be in agreement
with the indicated stumpage rates. There is however, some question as
to what timber is covered by the permit.
Section 3 of the permit states: "The timber which may be cut under
this authority includes all of the merchantable live and all the
merchantable dead timber, standing or fallen, within the boundaries of
the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
The Forest Officer's Report indicates the merchantable timber is
concentrated on 17 acreas of the tract with the timber on the remaining
23 acres considered to be non-merchantable.
It appears to us that the permit is intended to cover only the 17
acres of the tract referred to above. If this is the case the permittee
should be so advised when the permit is furnished to her.
We are returning the original and one copy of the approved permit to
you for distribution. We will send one copy to the Washington Office
and retain one copy for our files.
Please furnish us with two copies of your letter of transmittal to
Mrs. Joe. The letter should cover the matter mentioned above.
Sincerely yours,
Sgd. H. L. Moore Acting Area Director
Enclosures
cc: Commissioner, Attn. Branch of Forestry, w/enclosures
Branch subject Branch chrony Yellow chrony KWHadley:wl 621012
RECEIVED
621106
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-7-62
Allotment No. 1347, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Imogene Heck
Joe hereinafter called the Permittee, sole owner of the allotment shown
above which is described as the SW1/4SE1/4 Section 3, Township 23 North,
Range 12 West Willamettee Florida, Washington to cut and sell the timber
shown below which has been designated for cutting by the Bureau of
Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 630930, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $267.93 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to the approval of this
permit#
Payments other than in each shall be drawn payable to the Bureau of
Indian Affairs.
# Delete one payment option.
Release 53-6, 600223
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$535.85 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
A. Slash Disposal - Not applicable.
B. Snag Disposal - The permittee shall fell all unmerchantable trees
within the sale area cut over, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag falling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
A. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
B. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian Lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Imogene Heck Joe Permittee Imogene Heck Joe
Date: 620924
APPROVED: Sgd. H.L.Moore Title: Acting Area Director
Date: 621012
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(e) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Files shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damage to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Falling. When required in Section 8 of this permit,
Permittee shall fall all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT IMOGENE HECK PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
Introduction:
Mrs. Imogene Heck Joe has requested that a Special Allotment Timber
Cutting Permit be issued to her for the harvesting of timber on a
portion of her allotment No. 1847, located in the Northwest portion of
the Quinault Reservation. Mrs. Joe will not log the timber herself as
she owns no logging equipment. She plans to contract for the logging of
the timber with persons presently operating in the immediate vicinity of
the allotment.
Description of Area and Stand:
The allotment is described as follows:
SW1/4SE1/4 Section 3 Township 23 North, Range 12 West, Willamette
Meridian, Washington
The allotment is located about 58 miles north of Grays Harbor,
Washington, in the northwest portion of the Quinault Reservation, and is
approximately 3/4miles south of Highway 101. The tract immediately
north of the subject tract is fee patented and was logged several years
ago. Logging roads were constructed on this tract to within a few
hundred feet of the subject tract. Thus, access is no major problem.
The topography is generally level, presenting an easy logging show.
The timber is predominately low quality western redcedar, with lesser
amounts of western white pine and western hemlock. There is a trace of
Pacific silver fir. Western redcedar comprises 66 percent of the total
stand, with western white pine and western hemlock comprising 25 percent
and 9 percent respectively. All of the timber is mature and
over-mature. The merchantable timber is concentrated on 17 acres of the
tract. The remaining 23 acres contains non-merchantable timber.
Current Market Conditions:
The Grays Harbor log market prices have remained relatively stable
the past six months. However, log prices are still below those paid a
year ago, with not much indication of any change for the next few
months. Limited amounts of cedar logs are moving from water storage to
manufacturing plants, but at prices considerably lower than those
received last year. There is still very little demand by purchasers for
cedar timber. Even though prices for western hemlock, silver fir and
sitka spruce are not as high as prices paid last year, the demand for
these species remains good.
Appraisal of Stumpage Values:
Appraisal of timber is based on 2nd Quarter log market prices of logs
delivered to tidewater in the Aberdeen and Hoquiam area on Grays Harbor.
Also, this area offers complete manufacturing facilities on a railhead.
CRUISE SUMMARY
Imogene Heck Logging Unit
CRUISE SUMMARY
Imogene Heck Logging Unit
Quinault Reservations
Date Cruised 620803
Cruiser Turner, Buzzini, and Sanders
Min. Merch. 12" D.B.H., 8" top or est. merch, top
Sampling Error
Vol. per Acre on Merch. Acreage 31.2 M
Allottee & No. Imogene Heck, Quin. #1847
Legal Desc. SW1/4 SE1/4 Sec. 3-23-12
Merch. Acreage 17
Non-Merch. Acreage 23
Coefficient of Variation
Per Cent Cruise 20
Table not keyed, see original
Remarks: Under Section 3 of the permit we have eliminated all
mention of the diameter limit so the permittee may utilize any material
suitable for cordwood or pulpwood consistant with existing markets for
this type of forest product.
LOG VALUES
Table not keyed, see original
#Log Prices from: 2nd Qtr. 620000 PNLA Grays Harbor Log Market and
prices being paid by manufacturing plants on Grays Harbor as of 620701.
In all instances, the higher log price was used.
LOGGING COSTS
Imogene Heck LOGGING UNIT Quinault RESERVATION
I. LOGGING AND OVERHEAD
Table not keyed, see original
II. TRANSPORTATION
Table not keyed, see original
1. Direct logging and overhead cost estimates are average costs
obtained from five operators in Grays Harbor County - 620000.
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission Tariff 4-A effective 620110.
Table not keyed see original
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of the Washington State
Formula (Ref. R6-TM-179).
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula:
S = V/1.OP; C
In which S = Stumpage value V = Net log value .OP = Percentage of
Profit and Risk C = Total logging costs
1. Western redcedar: $39.30/1.10 - $28.99 = $6.74
2. Western white pine: $50.49/1.10 - $27.85 = $18.05
3. Western hemlock: $44.19/1.08 - $27.66 = $13.26
Recommended Stumpage Rates: (rounded to nearest five cents)
1. Western redcedar $ 6.75
2. Western white pine $18.05
3. Western hemlock $13.25
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to given an operator a margin for reasonable profit.
Such factors as market conditions, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk. Analysis of recent sales by the Washington State
Department of Natural Resources indicates that operators are considering
this amount in their bidding on each species.
APPRAISAL SUMMARY
Table not keyed, see original
Imogene Heck LOGGING UNIT, Quinault Reservation
Recommendations:
It is recommended that the above value be accepted as the appraised
stumpage rates for the species of timber on the subject tract.
Date: 620927
illegible line
Don W. Clark Asst. Forest Manager
620927
CONCUR:
Sgd. John W. Libby
John W. Libby Forest Manager
Date: 620923
APPROVED: /s/ George M. Felshaw Superintendent
STATISTICAL ANALYSIS Imogene Heck, #1847 Net Plot Volumes, MBM
Computations not keyed, see original
HEL-012-1136-1151
HEL-012-1135-1153
FELSHAW, G M W WASH AGENCY
621018
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.2 Permit Q-7-62
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
621018
Mrs. Imogene Heck Joe 602 Alexander Street Sedro Woolley, Washington
Dear Mrs. Joe:
In recent correspondence with our Hoquiam Office, you indicated that
you would like to handle the sale of the timber from your allotment No.
1847 yourself. Our Forestry staff explained that a Special Allotment
Timber Cutting Permit could be issued authorizing you to do this, since
you are the sole owner.
The timber has been cruised by our foresters, and the volumes and
values by species are shown below. (The volumes were based on a 20%
cruise, with a tally being made of all trees 12 inches D.B.H. and
larger.)
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. We wish to point out that our appraised values are
based on tidewater log prices on Grays Harbor.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction. It is our
understanding that you have engaged an attorney to assist you with the
sale of your timber.
We are quite sure you understand that the special deposit of $535.85
referred to in Section 6 of the permit will be held until logging
operations have been satisfactorily completed. The permit provides that
the deposit may be used to repair any damages that may be caused in
logging operations. The balance will then be returned to you. The
administrative fees of $267.93 mentioned in Section 5 of the permit will
be deposited to the U.S. Treasury, and cannot be returned to you. Both
the special deposit and the payment for administrative fees, totalling
$803.78, must be paid in full to this office before you will receive the
approved permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorize you to cut and sell your timber.
Sincerely yours,
Sgd. George M. Felshaw
Superintendent
Portland Area Office (2)
HEL-012-1152-1153
HEL-012-1152-1153
JOE, I H
620918
CORRESPONDENCE
HOLTZ, R D US DOI BIA PORTLAND
RECEIVED
621005
IN REPLY REFER TO: Forestry 60-7-14 Spec. Allot. Cutting Permits
620919
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 4097 PORTLAND 8, OREGON
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 620917, you submitted for our approval Special
Allotment Timber Cutting Permit Q-8-62, authorizing Mrs. Lizzie Moses
Capoeman to log the timber on her Allotment No. 107.
We are approving the permit. The original and one copy are being
mailed to Mr. Clark at the Hoquiam Office with a copy of this letter.
One of the remaining two copies will be sent to the Washington Office,
and the other kept in our files.
You may use the same form of transmittal letter to Mrs. Capoeman as
recently used for the Frieda Penn Markishtum Permit Q-6-62. Please send
us two copies of your letter to Mrs. Capoeman and also advise us as to
date of receipt of fees and delivery of the contract.
Sincerely yours,
(Sgd.) R. D. HOLTZ Area Director
cc: Hoquiam Subagency w/enclosures (2) Commissioner, Attn. Br. of
Forestry w/enclosure
RECEIVED
621005
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FORM 5-613 600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-8-62
Allotment No. 107, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section 8
of the Act of 100625 (25 U.S.C. 406) and the regulations contained in 25
CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Lizzie Moses
Capoeman hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the Lots 4 G S. Section 2, Township 23
North, Range 13 West Willamette Meridian, Washington to cut and sell the
timber shown below which has been designated for cutting by the Bureau
of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or failed, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 630930, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $1,651.49 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.13. Payments shall be made #in full prior to the
approval of this permit# #in installments provided, however, that
payment in full shall be made prior to the completion of cutting under
this permit.# Payments other than in cash shall be drawn payable to the
Bureau of Indian Affairs.
# Delete one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$3267.97 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
A. Slash Disposal; Not applicable.
B. Snag Disposal; The permittee shall fall all unmerchantable trees
within the sale area not over, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
A. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that in will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
B. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Lizzie Moses Caepoeman
Permittee
Date: 620914
APPROVED: (Sgd.) R. D. HOLTZ Title: Area Director Date: 620918
11. DEFINITION. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as say from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream w without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
Release 53-6, 2-23-60
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to constable roadbeds. During any
period in which the Permittee uses Bureau of Indian Affairs roads he
shall maintain such roads, in proportion to his share of use, as
determined by agreement between the Permittee and the Superintendent.
In the event of disagreement the determination shall be made by the
Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as it may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression portion on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall be available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs the suppression of any fire on
or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those insurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to ILLEGIBLE or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvments,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
RECEIVED 621005
FOREST OFFICER'S REPORT LIZZIE MOSES CAPOEMAN PERMIT SALE QUINAULT
INDIAN RESERVATION WASHINGTON
Introduction:
Mrs. Lizzie Moses Capoeman has requested that a Special Allotment
Timber Cutting Permit be issued to her for the harvesting of timber on a
portion of her allotment No. 107, located in the Northwest portion of
the Quinault Reservation Mrs. Capoeman will not log the timber herself
as she owns no logging equipment. She plans to contract for the logging
of the timber with persons presently operating in the vicinity of the
allotment.
Description of Area and Stand:
The allotment is described as follows:
Lots 4 & 5, Section 2, Township 23 North, Range 13 West, Willamette
Meridian, Washington
The tract is located approximately 62 miles north of Hoquiam,
Washington, within 1/4 mile of U.S. Highway 101. The timber on the
north half of the allotment was logged during 570000-580000 as part of
the Moses Logging Unit by the Morrison Logging Company under Contract
No. 14-20-510-134. Since then the timber on fee lands immediately south
of the allotment has been logged, as well as timber on a tract
immediately west of Lot 5. Thus, the timber remaining is exposed on
three sides and subject to windthrow.
The timber is mature and over-mature Pacific silver fir, western
hemlock, western redcedar and Sitka spruce of good quality. The Pacific
silver fir has a high percentage of peeler grade logs. Pacific silver
fir comprises 39 percent of the total stand, western hemlock 25 percent,
western redcedar 23 percent and Sitka spruce 13 percent. A portion of
the west side of the timber stand is flooded with water. The trees in
this area are dead and dying. Thus, the stand should be harvested as
soon as practical to salvage the dead and dying trees and prevent future
loss from windthrow of the remaining stand.
No road construction problems will be encountered. The topography is
rolling to level and generally well drained, presenting an easy all
year-round high-lead logging show.
Current Market Conditions:
The Grays Harbor log market prices have remained relatively stable
the past six months. However, log prices are still below those paid a
year ago, with not much indication of any change for the next few
months. Limited amounts of cedar logs are moving from water storage to
manufacturing plants, but at prices considerably lower than those
received last year. There is still very little demand by purchases for
cedar timber. Even though prices for western hemlock, silver fir and
Sitka spruce are not as high as prices paid last year, the demand for
these species remains good.
Appraisal of Stumpage Values:
Appraisal of timber is based on 2nd Quarter log market prices of logs
delivered to tidewater in the Aberdeen and Hoquiam area on Grays Harbor.
Also, this area offers complete manufacturing facilities on a railhead.
CRUISE SUMMARY
Lizzie Moses Capoeman Logging Unit
Quinault Reservation Date Cruised 620521 Allottee & No. Lizie Moses,
#107
Cruiser Turner, Woll and Ross Legal Desc. Lots 4 & 5, Sec. 2-23-13
Min Merch. 12" D.B.H., 8" top or est. March. ht. Merch. Acreage 40
Sampling Error 16.4% Coefficient of Variation 56.8% Vol. per Acre on
Merch. Acreage 50.5 MBM Per Cent Cruise 20
Table not keyed see original
Remarks: Under Section 3 of the permit we have eliminated all
mention of the diameter limit so the permittee may utilize any material
suitable for cordwood or pulpwood consistant with existing markets for
this type of forest product.
LOG VALUES
Table not keyed, see original
#Log Price from: 2nd Qtr. 620000 PNLA Grays Harbor Log Market and
prices being paid by manufacturing plans on Grays Harbor as of 620701.
In all instances, the higher log prices was used.
LOGGING COSTS
Lizzie Moses Capoeman LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
1. Direct logging and overhead cost estimates are average costs
obtained from five operators in Grays Harbor County - 620000.
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission Tariff 4-A, effective 620110.
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula:
S = V/1.OP - C
In which S = Stumpage value V = Net log value .OP = Percentage of
profit and risk C = Total logging costs
1. Pacific silver fir: $50.97/1.08 - $27.15 = $20.04
2. Western hemlock: $46.14/1.08 - $27.69 = $15.03
3. Western redcedar: $43.70/1.10 - $30.31 = $9.42
4. Sitka spruce: $50.19/1.10 - $27.24 = $18.39
Recommended Stumpage Rates: (rounded to nearest five cents)
1. Pacific silver fir $20.05
2. Western hemlock $15.05
3. Western redcedar $ 9.40
4. Sitka spruce $18.40
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for reasonable profit.
Such factors as market conditions, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk. Analysis of recent sales by the Washington State
Department of Natural Resources indicates that operators are considering
this amount in their bidding on each species.
APPRAISAL SUMMARY
Lizzie Moses Capoeman LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
Recommendations:
It is recommended that the above value be accepted as the appraised
stumpage rates for the species of timber on the subject tract.
Date: Illegible
Don W. Clark Asst. Forest Manager
Date: 620917
CONCUR:
John W. Libby Forest Manager
Date: illegible
APPROVED:
Illegible ACTING Superintendent
STATISTICAL ANALYSIS LIZZIE MOSES CAPOEMAN, #107 M BOARD MEASURE, D.
C. 2 S.D.
Computations not keyed, see original
HEL-012-1154-1169
HEL-012-1154-1154
FELSHAW, G M W WASH AGENCY
620000
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.2 Permit Q-8-62 60-7-14
620921
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
Mrs. Lizzie M. Capoeman Taholah, Washington
Dear Mrs. Capoeman:
During your recent visits to our Hoquiam Office, you indicated that
you would like to handle the sale of the timber from your allotment No.
107 yourself. Our Forestry staff explained that a Special Allotment
Timber Cutting Permit could be issued authorizing you to do this, since
you are the sole owner.
The timber has been cruised by the foresters, and the volumes and
values by species are shown below. (The volumes were based on a 20%
cruise, with a tally being made of all trees 12 inches D.B.H. and
larger.)
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. We wish to point out that our appraised values are
based on tidewater log prices on Grays Harbor.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction. It is our
understanding that you have engaged an attorney to assist you with the
sale of your timber.
We are quite sure you understand that the Special Deposit of
$3,262.97 referred to in Section 6 of the permit will be held until
logging operations have been satisfactorily completed. The permit
provides that the deposit may be used to repair any damages that may be
caused in logging operations. The balance will then be returned to you.
The administrative fees of $1,631.49 mentioned in Section 5 will be
deposited to the U.S. Treasury and cannot be returned to you. Both the
Special Deposit and the payment for administrative fees, totalling
$4,894.46, must be paid in full to this office before you will receive
the approval permit.
We believe if Clark discussed this information with you, and that you
agreed on these terms at the time you signed the permit. Please feel
free to consult with our Hoquiam staff if you have any further questions
regarding the conditions of the permit. The approved permit will
authorise you to cut and sell your timber.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Portland Area Office (2)
HEL-012-1170-1171
HEL-012-1155-1171
CAPOEMAN LM
620801
CORRESPONDENCE
SAYERS, J E US DOI BIA PORTLAND
RECEIVED
620827
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620801
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter of 620724, you submitted for our approval Special
Allotment Timber Cutting Permit Q-6-62, authorising Mrs. Frieda Penn
Markishtum to log the timber from her allotment No. 1307. We are
approving the permit.
You may use the same form of transmittal letter to Mrs. Markishtum as
you recently used for the Arlene Heck Williams Permit (Q-2-62). Please
send us two copies of your letter to Mrs. Markishtum.
Sincerely yours,
(Sgd) James B. Sayers Acting Area Director
Enclosures
cc: Mr. Clark, Mequiam Subagency Commissioner, Attn. Branch of
Forestry w/enclosures
RECEIVED
620827
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600002
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. 6.62 Allotment No. 1202, Quinsult (Frieda Form Allotment)
Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Mrs Frieda
Penn Markishtum hereinafter called the Permittee, sole owner of the
allotment shown above which is described as the ILLEGIBLE LINE ILLEGIBLE
LINE to cut and sell the timber shown below which has been designated
for cutting by the Bureau of Indian Affairs:
Table not keyed, See Original
The volumes shown above are estimates only and are guaranteed. The
cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed the Permittee
to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
largest cutting of nature and over-nature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 630731, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPRESES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $2,333.12 representing 3 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant of $141.18. Payments shall be made in full prior to the
approval of this permit# #in installments sents other than in each small
be drown payable to the Bureau of Indian Affairs. #Delet one payment
option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$5,076.24 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
A. Slash Disposal - Not applicable.
B. Snag Disposal - The permittee shall fell all unmerchantable trees
within the sale area cut over, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag falling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONG.
A. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
B. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
Permittee Frieda Penn Markishtum
APPROVED: (Sgd) James E. Savery Title: Acting Director
Date: 620801
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittant water courses.
15(e) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable mesures
to prevent the gullying of roads and skid trails. The Officer in
Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Files shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Falling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area out over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag falling shall be completed as soon as
practicable and before the slash is burned if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression section on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good conditon as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT FRIEDA PENN PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
620713
Introduction:
Mrs. Frieda Penn Markishtum has requested that a Special Allotment
Timber Cutting Permit be issued to her for the harvesting of timber on
the Frieda Penn allotment No. 1307, located in the Northwest portion of
the Quinault Reservation. Mrs. Markishtum will not log the timber
herself as she owns no logging equipment. She plans to contract for the
logging of the timber with persons presently operating in the immediate
vicinity of the allotment.
Description of Area and Stand:
The allotment is described as follows:
S1/2NE1/4 Section 27, Township 23 North, Range 12 West Willamette
Meridian, Washington
The allotment is located about 61 miles north of Grays Harbor,
Washington in the northwest portion of the Quinault Reservation. Most
of the topography is relatively level, with the exception of deep
north-south drainage which bisects the allotment, and presents an easy
high-lead logging show. The tract is approximately five (5) miles south
of U.S. highway 101 and within 1/4 mile of the Blagen Timber Company
logging access road. Thus, very little road construction will be
necessary to reach the timber. The tract immediately east of this
allotment, in which the logging road is located, is in fee ownership.
The timber is mature and overmature western redcedar, western
hemlock, Pacific silver fir, and western white pine, with cedar
comprising 71% of the total volume, hemlock 20%, silver fir 8% and pine
1%. The quality of the timber is good, being average or perhaps
slightly above average for timber in this part of the reservation.
Approximately 60 acres of the allotment contains merchantable timber,
the remaining 20 acres, non-merchantable timber.
CRUISE SUMMARY
Frieda Penn Logging Unit Quinault Reservation Date Cruised 620528-29
Allottee & No. Freda Penn #1307 Cruiser Turner and Ross Legal Desc.
S1/2NE1/4 Sec. 27, T. 23, R.12W. Min. Merch. (12" DBH, 8" top or est,
of merch, top Merch Acreage 60 Non-Merch. Acreage 20 Sampling Error
11.5% Coefficient of Variation 50.7% Vol. per Acre on Merch. Acreage
70,900 ft. BM Per Cent Cruise 20%
Table not keyed, see original
Remarks: Under Section 3 of the permit we have eliminated all
mention of the diameter limit so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest ro ducts.
LOG VALUES
Table not keyed, see original
#Log Prices from: Second Quarter, 620000 PNLA Grays Harbor Market lo
prices and log grade prices being paid by Grays Harbor mills as of
620701. In all instances, the higher log value was used.
Table not keyed, see original
Notes:
1. direct logging and overhead cost estimates are average costs
obtained from five operators in Grays Harbor County
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission Tarriff 4-A, effective 620110.
11. TRANSPORTATION (continued)
Table not keyed, see original
Truck hauling costs converted to net scale: (Factor times total
gross cost)
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of the Washington State
Formula (Ref. R6-TM-179).
Notes:
Road maintenance computed using recommended Forest Service figure of
approximately .10 per M/mile.
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula:
S = V/1.OP - C
In which S = Stumpage value V = Net log value .OP = Percentage of
profit and risk C = Total logging costs
1. Western redcedar: $45.15/1.10 - $30.05 = $11.00
2. Western hemlock: $46.11/1.08 - $28.62 = $14.07
3. Pacific silver fir: $47.29/1.08 - $28.62 = $15.17
4. Western white pine: $43.50/1.10 - $29.20 = $10.35
Recommended Stumpage Rates: (rounded to nearest five cents)
1. Western redcedar $11.00 per MBM
2. Western hemlock $14.05 per MBM
3. Pacific silver fir $15.15 per MBM
4. Western white pine $10.35 per MBM
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for reasonable profit.
Such factors as market conditions, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk. Analysis of recent sales by the Washington State
Department of Natural Resources indicates that operators are considering
this amount in their bidding on each species.
APPRAISAL SUMMARY
Frieda Penn LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
Recommendations:
It is recommended that the above values be accepted as the appraised
stumpage rates for the species of timber on the subject tract.
Date: 620712
Sgd. Don W. Clark Don W. Clark, Assistant Forest Mgr.
Date: 620712
CONCUR:
Sgd. John W. Libby John W. Libby, Forest Manager
Date: 620713
APPROVED:
(SGD) M.L. SCHWARTZ ACTING Superintendent
Frieda Penn, Quin. 1307 Statistical Analysis (250) Volumes in MBM
Scribner Decimal "C"
Computations not keyed, see original
HEL-012-1172-1186
HEL-012-1172-1186
FELSHAW, G M W WASH AGENCY
620803
CORRESPONDENCE
SCHWARTZ, M L W WASH AGENCY
Forestry-339.2
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
620803
Mrs. Frieda Penn Markishtum Nash Bay, Washington
Dear Mrs. Markishtum:
During your recent visits to our Hoquiam Office, you indicated that
you would like to handle the sale of the timber from your allotment No.
1307 yourself. Our Forestry staff explained that a Special Allotment
Timber Cutting Permit could be issued authorizing you to do this, since
you are the sole owner.
The timber has been cruised by our foresters, and the volumes and
values by species are shown below. (The volumes were based on a 20%
cruise, with a tally being made of all trees 12 inches D.B.H. and
larger.)
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way gguaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. We wish to point out that our appraised values are
based on tidewater log prices on Grays Harbor.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction. It is our
understanding that you have engaged an Aberdeen Attorney to assist you
with the sale of your timber
We are quite sure you understand that the Special Deposit of
$5,076.24 referred to in Section 6 of the permit will be held until
logging operations have been satisfactorily completed. The permit
provides that the deposit may be used to repair any damages that may be
caused in logging operations. The balance will then be returned to you.
The administrative fees of $2,538.12 mentioned in Section 5 will be
deposited to the U.S. Treasury, and cannot be returned to you. Both the
Special Deposit and the payment for administrative fees, totalling
$7,614.36 must be paid in full to this office before you will receive
the approved permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorize you to cut and sell your timber.
Sincerely yours,
(SGD) H. E. SCHWARTZ ACTING Superintendent
Portland Area Office (2)
HEL-012-1187-1188
HEL-012-1187-1189
MARKISHTUM, F P
620814
CORRESPONDENCE
DECELLE, W J W WASH INDIAN AGENCY
Forestry 339.2(s) Q-6-62
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620814
Your reference: Forestry 60-7-14 - 339.5
Mr. R. D. Holtz
Area Director, Portland, Oregon
Your letter of 620808, asked that you be advised when payments
required under the Special Allotment Permit awarded Mrs. Frieda Penn
Markishtum have been received. This is to inform you that the required
payment, totalling $7,614.36, was received in this office today. The
permit will now be delivered to Mrs. Markishtum.
This is standard procedure. No Special Allotment Permit is delivered
to the permittee until all required payments have been received. Are we
to presume that you shall require notice in each future case as to date
of receipt of fees and delivery of contract? We shall be happy to
provide such information as a standard procedure if desired.
Sincerely yours,
(Sgd) W. J. DeCelle ACTING Superintendent
HEL-012-1189-1189
HEL-012-1187-1189
HOLTZ, R D US DOI BIA PORTLAND
820801
CORRESPONDENCE
ACT AREA DIR US DOI BIA PORTLAND
RECEIVED
620827
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620801
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter of 620720, you submitted for our approval Special
Allotment Timber Cutting Permit No. Q-5-62, authorizing Mr. Glenn
Capeoman to have the timber logged from his allotment No. 138. We are
approving permit, and copies of it are being mailed to Mr. Clark at the
Hoquiam Office with a copy of this letter.
You may use the same form of transmittal letter to Mr. Glenn Capoeman
as you recently used for Mr. Horton Capoeman. Please send us two copies
of your letter to Mr. Capoeman.
Sincerely yours, Acting Area Director
Enclosure
cc: Mr. Clark, Hoquiam Subagency, w/enclosures Commissioner, Attn.
Branch of Forestry, w/enclosures
RECEIVED
620827
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-5-62
Allotment No. 138, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Glenn
Capoeman, hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the Lot 3, Section 25, Township 22
North, Range 12 West, Willamette Meridian, Washington to cut and sell
the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live timber having
a minimum top diameter of four (4) inches is designated for cutting.
The objective is the harvest cutting of mature and over mature timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 630701 unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPRESS. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $70.00 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to the approval of this
permit# Payments other than in cash shall be drawn payable to the Bureau
of Indian Affairs.
#Delete one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$140.00 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
A. Slash Disposal - Not applicable
B. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
A. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
B. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: ILLEGIBLE Permittee ILLEGIBLE Date: 620718
APPROVED: (Sgd) James E Severa Title: Acting Area Director Date:
620801
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist his in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he does
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"stream" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may does necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 8 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash turning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damage caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT
Glenn Capoeman Permit Sale Quinault Indian Reservation Washington
Introduction:
Mr. Glenn Capoeman has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on his
allotment No. 138, located in the old N. P. Trail Logging Unit along the
Quinault River on the Quinault Reservation. Mr. Glenn Capoeman will not
log the timber himself, as he owns no logging equipment. He plans to
contract for the logging of his timber with persons presently operating
within the general area of his allotment.
Description of Area and Stand:
The allotment is described as follows:
Lot 3, Section 25, Township 22 North, Range 12 West, Willamette
Meridian, Washington
The allotment was originally selectively logged under the N. P.
Trail Contract by the Aloha Lumber Corporation during 43-470000. At
this time, only the high grade spruce timber was removed. During
60-610000, the remaining conifer timber, spruce and hemlock, was logged
under the N. P. Trail #2 Contract by Norman Barnes Company, Inc. of
Seattle, Washington. The cottonwood, alder and maple were not included
in the latter sale, since no market existed at the time. Recently a
market has developed for these species in the form of cordwood.
The timber is concentrated on the allotment along the north bank of
the Quinault River, with a few groups of trees scattered throughout the
south portion of the allotment. The terrain is classed as well drained
river bottom land with little danger from high water during most of the
rainy season. The timber is readily accessible, with a good gravel road
along the west side of the allotment and many "cat-roads" throughout the
area as a result of recent logging operations. The approximate hauling
distance to Grays Harbor is 47 miles, 16 miles via good gravel road, the
balance via State Highway 9-C. The timber is all mature cottonwood,
alder and maple, suitable for pulp.
On 620206, Messers. Woll and Turner of our Inventory Section
inspected the area to determine the volume in cordwood. The scattered
condition of the timber prevented sampling the area systematically.
Because of the low value species involved, it was not felt a 100 percent
curise was justifiable. Volume for an average tree was determined and
expanded by the number of trees counted for each species. The tree
count was based on a "walk-through" inspection in conjunction with
serial photo interpretation. In addition, representatives from
two logging companies who have had considerable experience in
operations in alder and cottonwood stands inspected the area and came up
with cordwood volume estimates very close to our estimates. Cottonwood,
alder and maple are purchased at the same price. The only plant on
Grays Harbor now buying these species is the Wayerhaeuser Company at
Cosmopolis. All trees having a minimum top diameter of four inches were
included.
The total estimated net volume of the stand is 500 cords, including
black cottonwood, red alder, and bigleaf maple.
Current Market Conditions:
As mentioned above, the only market is the Weyerhaeuser Company
Pulpmill located at Cosmopolis, Washington. They are presently paying
$14.75 per cord for all species. This is equivalent to $36.88 per MEM,
Scriber Decimal C Scale. (See conversion factors for Pacific Northwest
Forest Products, Institute of Forest Products, State of Washington,
University of Washington, Seattle 5, Washington, June 570000, page 9.)
Appraisal of Stumpage Values:
The appraisal of stumpage follows:
LOGGING COSTS
Table not keyed, see original
Notes:
1. Logging cost estimates are average of costs obtained from five
operators in Grays Harbor County (copies at Agency and Area Offices),
adjusted to local sale on judgment of appraiser, based on type of
operations to be used on subject tract.
2. Truck hauling rates computed according to Washington Utilities
and Transporation Commission Tariff 4-A, effective 620402.
3. Road maintenance computed using recommended Forest Service figure
of .10 per MBM/mile (see footnote page 4 for explanation).
4. A profit and risk allowance of 12% was deemed reasonable for the
risks involved in a "salvage" operation of his nature. This is in line
with profit and risk allowances of 12-15% recommended by the State
Department of Natural Resources for use in their appraisals of salvage
type sales.
Appraisal of Stumpage Values:
S @ V/1.OP - C S @ $36.88/1.12 - $26.03 S @ $32.93 - $26.03 S @ $6.90
per MBM Conversion factor; 2.5 cords @ 1 MBM
Recommended Stumpage (rounded to nearest 10 cents): Alder,
Cottonwood and Maple cordwood @ $2.80 per cord
Total Value of Stumpage: 500 cords @ $2.80 @ $1,400.00
Recommendations:
It is recommended that the above values be accepted as the appraised
stumpage rates for the species of timber on this allotment.
Date: 620716 John W. Palmer, Forester
Date: 620720 CONCUR: (ILLEGIBLE)
Date: 620723 APPROVED: (ILLEGIBLE)
HEL-012-1190-1201
HEL-012-1190-1203
FELSHAW, G M W WASH AGENCY
620807
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.2 Capoeman
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
620807
Mr. Glenn Capoeman
Taholah, Washington
Dear Mr. Capoeman:
During your recent visit to our Hoquiam Office, you indicated that
you would like to handle the sale of the cottonwood, alder and maple
timber from your allotment No. 138 yourself. Our forestry staff
explained that a Special Allotment Timber Cutting Permit could be issued
authorizing you to do this, since you are the sole owner.
The timber has been cruised by our foresters and the volumes and
value by species are shown below:
Lot 3, Section 25, Township 22 North, Range 12 West:
Table not keyed, see original.
Since the cottonwood, alder and maple stands are concentrated on Lot
3 of your allotment, only that portion has been described on the permit.
It should be clearly understood that the volume and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. We wish to point out that our appraised values are
based on prices being paid by the Weyerhaeuser Company pulpmill at
Cosmopolis, Washington. They are the only manufacturing plant
purchasing this type of forest products at the present time.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying our the sale transaction. It is our
understanding that you have engaged a Hoquiam attorney to assist you
with the sale of your timber.
We are quite sure you understand that the Special Deposit of $140.00
referred to in Section 6 of the permit will be held until logging
operations have been satisfactorily completed. The pemit provides that
the deposit may be used to repair any damages that may be caused in
logging operations. The balance will then be returned to you. The
administrative fees of $70.00 mentioned in Section 5 will be deposited
to the U. S. Treasury, and cannot be returned to you. Both the Special
Deposit and the payment for administrative fees, totalling $210.00 must
be paid in full to this office before you will receive the approved
permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorise you to cut and sell your timber.
Sincerely yours, (Sgd.) George M. Felshaw Superintendent
cc - Portland Area Office (2)
HEL-012-1202-1203
HEL-012-1187-1203
COPOEMAN, G
620529
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
620918
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
610529
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
We have compared the Certificate of Completion of Special Allotment
Timber Cutting Permit No. Q-2-61, issued in favor of Percy G. Nagle,
covering the removal of timber from Allotment No. 2038, with the permit
and find them to be in agreement.
You are hereby authorized to notify Mr. Nagle that he is relieved of
any liability under the permit arising subsequent to the date of this
letter. You are also authorized to refund to Mr. Nagle the cash deposit
of $1,457.06 in lieu of bond.
Please send us two copies of your letter to Mr. Nagle closing the
sale. We shall forward one copy to the Washington Office.
Sincerely yours,
(Sgd) PERRY E. SKARRA
Assistant Area Director
cc: Commissioner, Attn. Br. of Forestry, w/enclosures
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
490200
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 620524 Indian Office file No. Permit No.
Q-2-61 Percy G. Nagle Logging unit Contract approved 670607 Expiores
620531
Land status: Allotted
Western Washington Agency
Quinault Reservation
Percy G. Nagle Contractor
Description SE1/4 NE1/4 Section 16, Township 23 North, Range 13 West,
Willamette Meridian, Washington
Allotment No. 2038 Name of allottee Percy G. Nagle
Table not keyed, see original
RECEIVED
620918
PERMITTEE'S CERTIFICATE
(final Cut)
I hereby surrender all rights under the above contract and request to
be released from further obligations under said contract.
Percy G. Nagle Portland, Oregon
Dated 620517
INSPECTOR'S CERTIFICATE
(Final Cut)
I hereby certify that I have examined the above-described land and
recommend that the authorized permittee be released from further
obligation under said contract.
John W. Palmer Forester
Dated 620521
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
estimated funds accrued from the sale of timber on the land and under
the contract above designated.
(ILLEGIBLE LINE)
Superintendent
Dated 620524
HEL-012-1204-1205
HEL-012-1204-1206
FELSHAW, G W W WASH AGENCY
620606
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Forestry 339.2 NAGLE, Percy G. Q#2038, Permit Q-2-61
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
600606
Mr. Percy G. Nagle 3025 NE Marine Drive Portland, Oregon
Dear Mr. Nagle:
Enclosed is Certificate of Completion covering operations on your
allotment No. 2058, Quinsult Reservation, under Special Allotment Timber
Cutting Permit No. Q-2-61. All operations have been satisfactorily
completed, and as of the date of this letter, you are hereby relieved of
any further liability under the permit.
Your cash penal bond in the amount of $1,457.06 is being refunded.
Sincerely yours,
(SGO) M.L. SCHWARTZ ACTING Superintendent
Enclosure
Copy to: Portland Area Office Moquian Subagency
HEL-012-1206-1206
HEL-012-1204-1206
NAGLE, P G
620605
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
620611 Form 5-388
530700
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular (illegible)
Regular Mail
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
DATE: 620605
SUBJECT Special Allotment Timber Cutting Permit No. Q-3-62 - Horton
Capoeman Western Washington - Forest Officers Report - Copy of letter
from Agency.
330
HEL-012-1207-1207
HEL-012-1207-1221
COMM DOI BIA BR OF FORESTRY
620524
CORRESPONDENCE
DECELLE, W J W WASH AGENCY
Forestry-339.2 Capoeman, Q-3-62
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
620524
Mr. Horton Capoeman
Taholah, Washington
Dear Mr. Capoeman:
During your recent visit to our Hoquiam Office, you indicated that
you would like to handle the sale of the cottonwood, alder and maple
timber from your allotment No. 10 yourself. Our forestry staff
explained that a Special Allotment Timber Cutting Permit could be issued
authorizing you to do this, since you are the sole owner.
The timber has been cruised by our foresters and the volumes and
value by species are shown below:
Lot 4, Section 25, Township 22 North, Range 12 West:
Table not keyed, see original
Since the cottonwood, alder and maple stands are concentrated on Lot
4 of your allotment, only that portion has been described on the permit.
It should be clearly understood that the volume and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. We wish to point out that our appraised values are
based on prices being paid by the Weyerhaeuser Company pulpmill at
Cosmopolis, Washington. They are the only manufacturing plant
purchasing this type of forest products at the present time.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issue the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction. It is our
understanding that you have engaged a Hoquiam attorney to assist you
with the sale of your timber.
We are quite sure you understand that the Special Deposit of $280.00
referred to in Section 6 of the permit will be held until logging
operations have been satisfactorily completed. The permit provides that
the deposit may be used to repair any damages that may be caused in
logging operations. The balance will then be returned to you. The
administrative fees of $140.00 mentioned in Section 5 will be deposited
to the U. S. Treasury, and cannot be returned to you. Both the Special
Deposit and the payment for administrative fees, totalling $420.00, must
be paid in full to this office before you will receive the approved
permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorize you to cut and sell your timber.
Sincerely yours,
(Sgd) W.J. DeCelle ACTING Superintendent
cc - Portland Area Office (2)
HEL-012-1208-1209
HEL-012-1207-1221
CAPOEMAN, H
620515
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620515
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter of 620509, you submitted for our approval Special
Allotment Timber Cutting Permit No. Q-3-62, authorizing Mr. Horton
Capoeman to have the timber logged from his allotment No. 10. We are
approving permit, and copies of it are being mailed to Mr. Clark at the
Hoquiam Office with a copy of this letter.
You may use the same form of transmittal letter to Mr. Capoeman as
you recently used for the Arlene H. Williams Permit (Q-2-62). Please
send us two copies of your letter to Mr. Capoeman.
Sincerely yours,
(Sgd) PERRY E. SKARRA Assistant Area Director
Enclosure
cc: Mr. Clerk Hoquiam Subagency w/enclosure (2) Commissioner, Attn.
Branch of Forestry w/enclosures
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-3-62
Allotment No. 10, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section 8
of the Act of 100625 (25 U.S.C. 406) and the regulations contained in 25
CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Horton
Capoeman, hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the Lot 4, Section 25, Township 22
North, Range 12 West, Willamete Meridian, Washington to cut and sell the
timber shown below which has been designated for cutting by the Bureau
of Indian Affairs:
Table not Keyed, See Original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live timber having
a minimum top diameter of four (4) inches is designated for cutting.
The objective is the harvest cutting of mature and over-mature timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 630430, unless the permit is extended by the
Approving Officer. Requests must be made in writing through the
Superintendent prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $140.00 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to the approval of this
permit# Payments other than in cash small be drawn payable to the Bureau
of Indian Affairs. # Delete one payment option. Release 53-6, 2-23-60
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CPR 141.19(c), that the deposit in the amount of
$230.00 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herin, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
A. Slash Disposal - Not applicable.
B. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
A. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
B. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Horton Copoeman Permittee Date: 620504
APPROVED: (Sgd) PERRY E. SKARR Title: Area Director Date: 620515
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream side of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including liable, top, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash turning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Polling. When required in Section 8 of this permit, the
Permittee shall fell all underchantable trees, within the area out over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(e) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and servicable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employee and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or throatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reinbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damage caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protest all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT
Horton Capoeman Permit Sale Quinault Indian Reservation Washington
Introduction:
Mr. Horton Capoeman has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on his
allotment No. 10, located in the old N. P. Trail Logging Unit along the
Quinault River on the Quinault Reservation. Mr. Capoeman will not log
the timber himself, as he owns no logging equipment. He plans to
contract for the logging of his timber with persons presently operating
within the general area of his allotment.
Description of Area and Stand:
The allotment is described as follows:
Lot 4, Section 25, Township 22 North, Range 12 West, Willamette
Maridian, Washington
The allotment was originally selectively logged under the N. P.
Trail Contract by the Aloha Lumber Corporation during 430000-470000. At
this time, only the high grade spruce timber was removed. During
600000-610000, the remaining conifar timber, spruce and hemlock, was
logged under the N. P. Trail #2 Contract by Norman Barnes Company, Inc.
of Seattle, Washington. The cottonwood, alder and maple were not
included in the latter sale, since no market existed at the time.
Recently a market has developed for these species in the form of
cordwood.
The timber is concentrated on the allotment along the north bank of
the Quinault River, with a few groups of trees scattered throughout the
south portion of the allotment. The terrain is classed as well drained
river bottom land with little danger from high water during most of the
rainy season. The timber is readily accessible with a good gravel road
along the east side of the allotment and many "cat-roads" throughout the
area as a result of recent logging operations. The approximate hauling
distance to Grays Harbor is 47 miles, 16 miles via good gravel road, the
balance via State Highway 9-c. The timber is all mature cottonwood,
elder and maple, suitable for pulp.
On 620206, Messrs. Woll and Turner of our Inventory Section inspected
the area to determine the volume in cordwood. The scattered condition
of the timber prevented sampling the area systematically. Because of
the low value species involved, it was not felt a 100 percent cruise was
justifiable. Volume for an average tree was determined and expanded by
the number of trees counted for each species. The tree count was based
on a "walk-through" inspection in conjunction with aerial photo
interpretation. In addition, representatives from two logging companies
who have had considerably experience in operation in alder and
cottonwood stands inspected the area and came up with cordwood volume
estimates very close to our estimates. Cottonwood, alder and maple are
purchased at the same price. The only plant on Grays Harbor now buying
these species is the Weyerhaeuser Company at Cosmopolis. All trees
having a minimum top diameter of four inches were included.
The total estimated net volume of the stand is 1,000 cords, including
black cottonwood, red alder and bigleaf maple.
Current Market Conditions:
As mentioned above, the only market is the Weyerhaeuser Company
Pulpmill located at Cosmopolis, Washington. They are presently paying
$14.75 per cord for all species. This is equivalent to $36.88 per MBM,
Scribner Decimal C Scale. (Conversion factor of 2.5 cords per M board
feet, Scribner Decimal C Scale. See conversion factors for Pacific
Northwest Forest Products, Institute of Forest Products, State of
Washington, University of Washington, Seattle 5, Washington, 570600,
page 9.)
Appraisal of Stumpage Values:
The appraisal of stumpage follows:
Table not keyed, see original
Notes:
1. Logging cost estimates are average of costs obtained from five
operators in Grays Harbor County (copies at Agency and Area Offices),
adjusted to local sale on judgment of appraiser, based on type of
operations to be used on subject tract.
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission Tariff 4-A, effective 620402.
3. Road maintenance computed using recommended Forest Service figure
of .10 per MBM/mile (see footnote page 4 for explanation).
4. A profit and risk allowance of 12% was deemed reasonable for the
risks involved in a "salvage" operation of his nature. This is in line
with profit and risk allowances of 12-15% recommended by the State
Department of Natural Resources for use in their appraisals of salvage
type sales.
Appraisal of Stumpage Values: S = V/1.OP - C
........................................................ . S =
$36.88/1.12 - $26.03 .............................................. . S
= $32.93 - $26.03 ................................................... .
S = $6.90 per MBM .....................................................
. ...Conversion factor: 2.5 cords = 1 MBM
............................... . $6.90 - 2.5 = $2.76 per cord
Recommended Stumpage (rounded to nearest 10 cents): Alder,
Cottonwood and Maple cordwood = $2.80 per cord
Total Value of Stumpage: 1,000 cords @$2.80 = $2,800.00
Recommendations:
It is recommended that the above values be accepted as the appraised
stumpage rates for the species of timber on this allotment.
Dates: 620503
Sgd. Don W. Clark Don W. Clark, Assistant Forest Manager
Date: 620508
CONCUR: Sgd. John W. Libby
Date: 620510
APPROVED: (SGD) M.L. SCHIARTS ACTING SUPT.
HEL-012-1210-1221
HEL-012-1207-1221
FELSHAW, G M W WASH AGENCY
620419
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Forestry 339.5
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620419
Mr. James A. bertrand 8069 North Ivanhoe Street Portland 3, Oregon
Dear Mr. Bertrand:
Enclosed is a copy of a letter from Acting Area Director, M. L.
Moore, granting you an extension of your "Special Allotment Timber
Cutting Permit No. Q-1-61," to 630430.
Sincerely yours, (Sgd) C. W. Ringey, Superintendent
JOHN W LIBBY:lt subject chrony green chrony Portland Hoquiam
HEL-012-1222-1222
HEL-012-1222-1222
BERTRAND, J A
620307
CORRESPONDENCE
CASPER, F D US DOI BIA PORTLAND
RECEIVED
620312
Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620307
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
With your letter of 620305, you resubmitted for our approval Special
Allotment Timber Cutting Permit No. 2-62, authorizing Mrs. Arlene Heck
Williams to have the timber logged from her allotment No. 1848. We are
approving permit, and copies of it are being mailed to Mr. Clark at the
Hoquiam Office with a copy of this letter.
You may use the same form of transmittal letter to Mrs. Williams as
you recently used for the Emily Cleveland Permit (Q-4-61). Please send
us two copies of your letter to Mrs. Williams.
Sincerely yours,
(Sgd) F. Don Casper Acting Area Director
cc: Hoquiam Subagency Commissioner, Attn. Branch of Forestry,
w/enclosures
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. 2-62 Allotment No. 1848, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Arlene M. Heck
Williams hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the (ILLEGIBLE) Section 28, Township
23 North, Range 13 West and Lot 14, Section 5, Township 23 North, Range
12 West, Willamette Meridian, Washington to cut and sell the timber
shown below which has been designated for cutting by the Bureau of
Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the (ILLEGIBLE LINE) the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 000228, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPRESSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $993,79 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made "in full prior to the approval of this
permit" "in installments of provided, however, that payment in full
shall be made prior to the completion of cutting under this permit."
Payments either than in cash shall be drawn payable to the Bureau of
Indian Affairs.
6. SPECIAL DEPOSIT. The Permittee agrees in accordance with the
provisions of 25 CFR 141.19 (c), that the deposit in the amount of
$1,937.58 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
A. Slash Disposal - Not applicable.
B. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISION.
1. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
2. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to set for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Arlene M. Hack Williams Permittee
Date: 820209
APPROVED: (ILLEGIBLE) Casper
Title: Acting Area (ILLEGIBLE)
Date: 620307
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist his in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Files shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area out over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads trails which are designated by the
Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENT. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT ARLENE M. HECK WILLIAMS PERMIT SALE QUINAULT
INDIAN RESERVATION WASHINGTON
Introduction:
Mrs. Arlene M. Heck Williams has requested that a Special Allotment
Timber Cutting Permit be issued to her for the harvesting of timber on
her allotment No. 1848, located in the Northwest Portion of the Quinsult
Reservation. Mrs. Williams will not log the timber herself, as she
owns no logging equipment. She plans to contract for the logging of her
timber with persons presently operating in the immediate vicinity of her
allotment.
Description of Area and Stand:
The allotment is described as follows: NE1/4SE1/4 Section 28,
Township 23 North, Range 13 West, and Lot 14, Section 5, Township 23
North, Range 12 West, Willamette Meridian, Washington
The portion of the allotment described as the NE1/4SE1/4, Section 28,
is located approximately 70 miles north of Boquiam, Washington and 1/2
mile south of the north of Raft River. The topography is level, with
good drainage, presenting an easy logging show. The timber is mature
and over-mature western redcedar, western hemlock and Sitks spruce, with
cedar comprising 50% of the total volume, hemlock 41% and spruce 9%.
The timber is below average quality, with an over-all volume per acre of
about 24 MBM. The northwest quarter of the allotment has only scattered
timber. The Cape Elizabeth road traverses the allotment from north to
south, providing easy access.
The portion described as Lot 14, Section 5 is located approximately
63 miles north of Hequian, Washington and two miles south of Highway
101, about 1/4 mile east of Mayr Bros. logging road. The topography is
mostly level, with fair drainage. Access is very good, since Heses
Bros. have a logging road within 10 feet of the northeast corner of the
tract. The timber is mature and over-mature western redcedar, western
hemlock, western white pine and Pacific silver fir, with cedar
comprising 87% of the total volume, hemlock 8%, white pine 3% and silver
fir 2%. The cedar is average quality, the other species being below
average quality. The merchantable timber average approximately 40 MBM
per acre on 23 acres. The remaining 17 acres contains non-merchantable
timber according to present utilization standards.
A 20% cruise was made on 611127 of the portion located in Section 28
and on 620110 of the portion located in Section 5, by members of our
forestry staff, using 1/5 acre rectangular plots. All trees 12" D.B.H.
and larger, and having a minimum top diameter of 8" were tallied and
graded.
The volumes and log grades by species are as follows:
Table not keyed, see original
It should be noted that our cruise included only trees 12 inches
D.B.H. and larger. However, there are trees below this diameter that
could be utilized as pulpwood or cordwood. In the interest of
utilization and income to the allotment owner, these trees should be
taken out. Thus, on the permit under Section 3 we have eliminated all
mention of the diameter limit, so that the permittee may utilize this
material consistent with existing markets for their products.
"Western redcedar consists of both dead & down and green. Different
allowances for defect and breakage are used to determine net volumes.
The percentage used here represents the average defect and breakage
allowance for the species as a whole (the figure has been rounded to the
nearest percent).
Current Market Conditions:
The Grays Harbor log market prices have remained relatively stable
the past six months. However, log prices are still below those paid a
year ago, with not much indication of any change for the next few
months. Limited amounts of cedar logs are moving from water storage to
manufacturing plants, but at prices considerably lower than those
received last year. There is still very little demand by purchasers for
cedar timber. Even though prices for western hemlock, silver fir and
Sitka spruce are not as high as prices paid last year, the demand for
these species remains good.
Appraisal of Stumpage Values:
Appraisal of timber is based on 4th Quarter log market prices of logs
delivered to tidewater in the Aberdeen and Hoquiam area on Grays Harbor.
Also, this area offers complete manufacturing facilities on a railhead.
Arlene H. Williams, (ILLEGIBLE) #1848 NE1/4SE1/4 Sec. 28-23-13
LOG VALUES
Table not keyed, see original
#Log Prices from: 4th Quarter 610000 PNLA Grays Harbor Market and
local log grade prices paid by Grays Harbor mills as of 620101. The
higher log value has been used in each instance.
Arlene M. Heck Williams, Q. 480000 LOG VALUES Lot 14, Sec. 5-23-12
Table not keyed, see original
Log Prices from: Ath Otr. 610000 PNLA Grays Harbor Market and local
log grade prices paid by Grays Harbor mills as of 620101. The higher
log value was used in each instance.
Table not keyed, see original
Table not keyed, see original
Table not keyed, see original
Table not keyed, see original
Table not keyed, see original
Table not keyed, see original
Notes:
1. Direct logging and overhead cost estimates are average of costs
obtained from five operators in Grays Harbor County (copies at Area and
Agency offices).
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission Tariff 4-A, effective 620110.
3. Road maintenance computed using recommended Forest Service figure
of .10 per M/mile.
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula: S =
V/1.OP - C ........................................................ .
In which S = Stumpage value ...........................................
. V = Net Log value
..................................................... . . OP =
Percentage of profit and risk .................................. . C =
Total logging costs ............................................... .
...1. NE 1/2 SE 1/2 Section 28-23-13 .................................
. (1) Western redcedar = $40.29/1.10 - $30.95 = $5.68
................... . (2) Western hamlock = $45.25/1.08 - $29.26 =
$12.64 ................... . (3) Sitka spruce = $52.85/1.10 - $29.96 =
$18.09 ...................... . ...2. Lot 14, Section 5-23-12
........................................ . (1) Western redcedar =
$44.55/1.10 - $29.16 = $11.34 .................. . (2) Western hamlock
= $44.44/1.08 - $27.66 = $13.49 ................... . (3) Pac. silver
fir = $47.34/1.08 - $27.66 = $16.17 ................... . (4) West.
white pine = $48.97/1.10 - $27.81 = $16.71 .................. .
An allowance of eight (3) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for reasonable profit.
Such factors as market conditions, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk. Analysis of recent sales by the Washington State
Department of Nutural Resources indicates that operators are considering
this amount in their bidding on each species.
APPRAISAL SUMMARY
NE 1/4 SE 1/4 Sec. 28-23-13 Arlene Heck Williams LOGGING UNIT,
Quinault RESERVATION
Table not keyed, see original
APPRAISAL SUMMARY
LOT 14, Sec. 5-23-12 Arlene Heck Williams LOGGING UNIT, Quinault
RESERVATION
Table not keyed, see orginal
Appraised Value:
1. NE 1/4 SE 1/4 Section 28-23-13: (1) Western redcedar - 476 MBM @$
5.68 = $2,703.68 .................... . (2) Western hemlock - 391 MBM
@$12.64 = 4,942.24 ...................... . (3) Sitka spruce - 83 MBM
@$18.09 = 1,501.47 .......................... . ...Total 950 MBM
$9,147.39 ............................................ . ...2. LOT 14,
Section 5-23-12: ....................................... . (1) Western
redcedar - 789 MBM @$11.34 = $8,947.26 .................... . (2)
Western hemlock - 74 MBM @$13.49 = 998.26 ......................... .
(3) Pac. silver fir - 21 MBM @$16.17 = 339.57 .........................
. (4) West. white pine - 28 MBM @$16.71 = 467.88
........................ . ...Total 912 MBM $10,752.97
........................................... . ...Total value of Forest
Products: (stumpage values of each species ... . rounded to
............................................................ . nearest
five cents; estimated volumes rounded to nearest 1,000 board .. .
feet) .................................................................
. (1) Western redcedar - 1,265 MBM @$9.20# = $11, 638.00
................ . (2) Western hemlock - 465 MBM @$12.75# = 5,928.75
..................... . (3) Sitka spruce - 83 MBM @$18.10 = 1,502.30
.......................... . (4) Pac. silver fir - 21 MBM @$16.15 =
339.15 ......................... . (5) West. white pine - 28 MBM
@$16.70 = 467.60 ........................ . ...Total 1,862 MBM
$19,875.80 ......................................... .
#Weighted average stumpage values obtained by adding the value of
these species on both tracts and dividing by the total volume on both
tracts; the weighted stumpage value was then rounded to the nearest
five cents. This them was the stumpage value used to obtain total
stumpage value on the Special Allotment Cutting Permit.
Recommendations:
It is recommended that the above values be accepted as the appraised
stumpage rates for the species of timber on both tracts.
Date: 620218
Sgd Don W. Clark Asst. Forest manager
Date: 620215
CONCUR: Sgd. John W. Libby Forest Manager
Date: 620215
APPROVED (SGD) C.W.Ringey Superintendent
HEL-012-1223-1243
HEL-012-1223-1243
RINGEY, C W W WASH AGENCY
620213
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVE
620215
U.S DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Air Mail TO Commissioner
FOR ATTENTION OF: Branch of Forestry FROM Protland Area Office
Branch of Forestry DATE: 620213 SUBJECT Special Allotment Timber
Cutting Permit No. Q-1-62 Western Washington
HEL-012-1244-1244
HEL-012-1244-1261
COMM US DOI BIA BR OF FORESTRY
620202
CORRESPONDENCE
SKARRA, P E US DOI BIA
Forestry 339.5 Commissioner, Attn. Branch of Forestry
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Special Allotment Timber Cutting Permit No. Q-1-62, authorizing
Phillip Martin to have the timber logged from his Quinault allotment No.
1986, which was sent to us with Superintendent Ringey's letter of
January 24, 1962, has been approved and copies of it are being mailed to
Mr. Clark at the Hoquiam Office with a copy of this letter.
You may use the same form of transmittal letter to Mr. Martin as was
recently used for the Eleanor H. Whealer Permit No. Q-5-61. Please send
us two copies of your letter to Mr. Martin.
Sincerely yours, Perry E. Skarra Assistant Director
cc: Hoquiam Subagency
RECEIVED 620215
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613 600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-1-62
Allotment No. 1986, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Phillip
Martin, hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the N1/2SE1/2 Section 32, Township 22
North, Range 11 West, Willamette Meridian, Washington to cut and sell
the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the perchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the selvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on January 30 1963, unless the permit is
extended by the Approving Officer after receipt of a request by the
Permattee setting forth reasons for the extension which are satisfactory
to the Approving Officer. Requests must be made in writing through the
Superintendent prior to the expiration date.
5. AMMINISTRATIVE EXPENSES. The Permittee agree to pay to the
superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $82.02 representing 3 percent of
the total estimated stuapago volume of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
adminstrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payment shall be made in full prior to the
approval of this permit Payments other than in each small be drawn
payable to the Bureau of Indian Affairs. Delete one payment option. KT
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19 (c), that the deposit in the amount of
$164.04 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
1. Slash Disposal - Not applicable.
2. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
1. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area well marked at the
completion of this sale.
2. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Philip Martin Permittee Philip Martin Date: (ILLEGIBLE)
APPROVED: (Sgd) PERRY E. SKARRA Title: Assistant Area Director
Date: 610202
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the priovisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosions,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash turning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Right-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstruction resulting from the Permittee's operations. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Permittee uses Bureau of Indian Affairs roads he shall maintain such
roads, in proportion to his share of use, as determined by agreement
between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precaution. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirement of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppression fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvement,
whenever they are damaged by the Permittee's operation under this permit
to as good condition as before the damage. Damage which cannot be
repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT PHILLIP MARTIN PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
Introduction:
Mr. Phillip Martin has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on his
allotment No. 1986, located in the Mounts Logging Unit, south of the
Quinault River, on the Quinault Indian Reservation. Mr. Martin will not
log the timber himself, as he owns no logging equipment. He plans to
contract for the logging of his timber with persons presently operating
in the immediate vicinity of his allotment.
Description of Area and Stand:
The allotment is described as follows:
N 1/2 SE 1/4 Section 32, Township 22 North, Range 11 West, Willamatte
Meridian, Washington.
The tract is located approximately 41 miles northwest of Hoquiam,
Washington, in the Mounts Logging Unit, south of the Quinault River.
The topography is level, with good drainage, presenting an easy "cat"
logging show. The allotment was originally logged under the Mounts Unit
contract during 1943. The timber now remaining on the allotment was too
small and too widely scattered to log at that time.
The timber is small, low grade hemlock and cedar, much of which was
injured during initial logging operations. Western hemlock comprises
approximately 85 percent of the total volume, with western redcedar
amounting to only 15 percent. The timber is of very low quality, the
logs grading No. 3. There is only 4 MBM per acre. The F-6 road crosses
the tract providing easy access. The bulk of the timber is suitable
primarily for conversion into pulpwood and cordwood.
Defect is higher than would normally be expected in small size timber
because of injuries that occurred to the trees during the 1943 logging.
A 10% cruise was made on December 19, 1961 by members of our forestry
staff, using 1/5 acre rectangular plots. All trees 12 inches D.B.H. and
larger, and having one 32-foot log were tallied and graded.
The volumes and log grade percentage by species are as follows:
Table not keyed, see original
It should be noted that our cruise included only trees 12 inches
D.B.H. and larger. However, there are trees below this diameter that
could be utilized for pulpwood or cordwood. In the interest of
utilization and income to the allotment owner, these trees should be
taken out. Thus, on the permit under Section 3 we have eliminated all
mention of the diameter limit, so that the permittee may utilize this
material consistent with existing markets for their products.
Current Market Conditions:
The Grays Harbor log market prices have remained relatively stable
the past six months. However, log prices are still below those paid a
year ago, with not much indication of any change for the next few
months. Limited amounts of cedar logs are moving from water storage to
manufacturing plants, but at log prices considerably lower than those
received last year. There is still very little demand by purchasers for
cedar timber. Even though prices for western hemlock, silver fir and
Sitka spruce are not as high as prices paid last year, the demand for
these species remains good.
The export market has slumped since the summer and fall of 1961. It
is expected to pick up a little this spring and summer. However, the
timber on this allotment is not the type that is desired by export
firms.
Appraisal of Stumpage Values:
Appraisal of timber is based on 4th Quarter log market prices of log
delivered to tidewater in the Abordeen-Hoquiam area on Grays Harbor.
Also, this area offers complete manufacturing facilities for all forest
products.
PHILLIP MARTIN PERMIT SALE
LOG VALUES
Table not keyed, see original
#Log Prices from: 4th Qtr. 1961 PNLA Grays Harbor Log Market Price
quotations and local log prices of Grays Harbor manufacturing plants as
of 620101. The higher log grade price was used in all instances.
Table not keyed, see original
Table not keyed, see original
Table not keyed, see original
Notes:
1. Direct logging and overhead cost estimates are average of costs
obtained from five operators in Grays Harbor County (copies at Area and
Agency Offices).
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission Tariff 4-A, effective 620110.
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula: S =
V/1.OP - C In which S = Stumpage value V = Net log value .OP =
Percentage of profit and risk C = Total logging costs
1. Western hemlock: $42.50/1.08 - $26.47 $12.88
2. Western redcedar: $35.00/1.10 - $27.40 $4.42
Stumpage rate rounded to nearest five cents: 1. Western hemlock
$12.90 2. Western redcedar $4.40
An allowance of eight (8) and ten (10_ percent for profit and risk is
considered adequate to give an operator a margin for reasonable profit.
Such factor as market conditions, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk.
APPRAISAL SUMMARY
Phillip Martin TIMBER SALE UNIT, Quinault RESERVATION
Table not keyed, see original
Recommendations: It is recommended that the above values be accepted
as the appraised stumpage rates for the species of timber on this
allotment.
Date: 620119
Don W. Clark Asst. Forest Manager
Date: 620129
CONCUR (Sgd) John W. Libby Forest Manager
Date: 620129
APPROVED (Sgd) C. W. Ringey Superintendent
HEL-012-1245-1259
HEL-012-1244-1261
RINGEY, C W W WASH AGENCY
000000
CORRESPONDENCE
RINGEY, C W W WASH AGENCY
Forestry-339.2 Martin, Q-1-62
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquian,
Washington
Mr. Phillip Martin Taholah, Washington
Dear Mr. Martin:
During your recent visits to our Hoquiam Office, you indicated that
you would like to handle the sale of timber from your allotment No. 1986
yourself. Our forestry staff explained that a Special Allotment Timber
Cutting Permit could be issued authorizing you to do this, since you are
the sole owner.
The timber has been cruised by our foresters, and the volumes and
values by species are shown below. (The cruise was based on a 10%
cruise, which a tally being made of all trees 12 inches D.B.H. and
larger.)
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. We wish to point out that our appraised values are
based on tidewater log prices on Grays Harbor.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction.
We are quite sure you understand that the Special Deposit of $164.04
referred to in Section 6 of the permit will be held until logging
operations have been satisfactorily completed. The permit provides that
the deposit may be used to repair any damages that may be caused in
logging operations. The balance will then be returned to you. The
administrative fees of $82.02 mentioned in Section 5 will be deposited
to the U.S. Treasury, and cannot be returned to you. Both the Special
Deposit and the payment for administrative fees, totalling $246.06, must
be paid in full to this office before you will receive the approved
permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorize you to cut and sell your timber.
Sincerely yours,
(Sgd) C. W. Ringey, Superintendent
Portland Area Office (2)
HEL-012-1260-1261
HEL-012-1260-1261
MARTIN, P
611206
CORRESPONDENCE
BR OF FORESTRY PAO
RECEIVED
611212
U.S. DEPARTMENT OF THE INTERI
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels
Regular Mail
For Action
TO Commissioner
FROM Forestry Branch Portland Area Office
DATE: 611206
SUBJECT Special Allotment Timber Cutting Permit 5-61 (Quinault),
Allotment No. 1122, Eleanor Henriquez Wheeler
Please attach the attached letter to the above-mentioned file which
was sent you 611122.
HEL-012-1262-1262
HEL-012-1262-1279
COMM US DOI BIA BR OF FORESTRY
611129
CORRESPONDENCE
SCHWARTZ, M L W WASH AGENCY
Forestry-339.2 Henriquez, P-5-61
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
611129
Mrs. Eleanor H. Wheeler 1323 Catherine Street Honolulu 15, Hawaii
Dear Mrs. Wheeler:
Your husband, Mr. Ned Wheeler, recently visited our Hoquiam Office
and indicated to us that you desired to handle the sale of timber from
your allotment No. 1122 yourself. Our Forestry staff explained that a
Special Allotment Cutting Permit could be issued authorizing you to do
this, since you are the sole owner.
The timber has been cruised by our foresters, and the volumes and
values by species are shown below. (The cruise was based on a 20%
cruise, with a tolly being made of all trees 12 inches D.B.H. and
Larger.)
Table not keyed, see original
It should be clearly understood that the volume and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. We wish to point out that our appraised values are
based on tidewater log prices on Grays Harbor. Since you have indicated
you plan to contract for the sale of your timber with an operator who
may utilize the bulk of the cedar logs at a mill in the vicinity of
Asanda Park, you, no doubt, may realize a higher stumpage value for this
species, primarily because of the shorter truck haul.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to your husband, the information furnished you
is only intended to guide you in negotiating the sale of your timber.
When you are issued the permit, you will be free to sell at whatever
prices you wish. You will have the full responsibility for determining
the volume of products sold, and for carrying out the sale transaction.
However, it is our understanding you have requested that your husband
employ the services of a Hoquiam attorney to assist you with the sale of
your timber.
We are quite sure you understand that the Special Deposit of
$2,977.44 referred to in Section 6 of the permit will be held until
logging operations have been satisfactorily completed. The permit
provides that the deposit may be used to repair any damages that may be
caused in logging operations. The balance will then be returned to you.
The administrative fees of $1,488.72 mentioned in Section 5 will be
deposited to the U.S. Treasury, and cannot be returned to you. Both the
Special Deposit and the payment for administrative fees, totalling
$4,466.16, must be paid in full to this office before you will receive
the approved permit.
We believe Mr. Clark discussed this information with your husband,
and that you agreed on these terms at the time you signed the permit.
Please feel free to consult with our Hoquiam staff if you have any
further questions regarding the conditions of the permit. The approved
permit will authorise you to cut and sell your timber.
Sincerely yours,
(SGD) M.L. SCHWARTZ
Superintendent
cc - Portland Area Office (2)
HEL-012-1263-1264
HEL-012-1262-1279
WHEELER, E H
611122
CORRESPONDENCE
SKARRA, P E US DOI BIA
RECEIVED
611127
Forestry 339.5
681122
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Special Allotment Timber Cutting Permit authorizing Eleanor Henriques
Wheelar to log the timber on her Quinault allotment, No. 1122, which was
sent with Superintendent C. W. Ringey's letter of 611115, has been
approved and copies of it are being mailed to Mr. Clark at the Hoquiam
office with a copy of this letter.
In checking your computations in the Forest Officer's Report, we note
that allowing 40 percent for defect and breakage on the western redeedar
volume of 3,257,000 ft. B.H. would leave 1,954,000 ft. B.M. rather than
1,959,000 ft. B.M. However, it is entirely possible that the gross
volume should be 3,265,000 ft. B.M. rather than 3,257,000 ft. B.M. We
have approved the permit because we know that you will make it clear to
the permittee that the volumes and values are estimate only and are in
no way guaranteed by the Bureau of Indian Affairs.
We suggest that you urge the permittee to sell her timber on a scale
rather than a lump sum basis. Two copies of the permit and Forest
Officer's Report have been retained, one of which is being sent to the
Central Office.
Please send us two copies of your letter to Mrs. Wheeler.
Sincerely yours,
(Sgd) PERRY E. SKARRA Assistant Area Director
Enclosures cc: Central Office--Forestry (w/enc.) Hoquiam Subagency
(w/enc.)
RECEIVED
611127
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613 600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. 5-61
Allotment No. 1122, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Eleanor
Henriquez Wheeler hereinafter called the Permittee, sole owner of the
allotment shown above which is described as the S1/4SW1/2 Section 14,
Township 23 North, Range 12 West, W.M., Wash. to cut and sell the
timber shown below which has been designated for cutting by the Bureau
of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 621130, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPRESS. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $1,488.72 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payments shall be made #in full prior to the
approval of this permit#. Payments other than in cash shall be drawn
payable to the Bureau of Indian Affairs.
#Delete one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$2,997.44 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provision stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
1. Slash Disposal - Not applicable.
2. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
1. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
2. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Eleanor Henriquez Wheeler Permittee
APPROVED: (Sgd) PERRY E. SKARRA Title: Assistant Area Director
Date: 611122
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulation as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber out
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize as far as practicable,
any damage to the stream course and streams within the permit area.
Products shall not be hauled or skidded through any stream without the
prior approval of the Officer in Charge and all debris caused by logging
or road construction operations shall be removed from streams designated
by the Officer in Charge. Stream shall not be polluted by sawdust, oil
or other refuse. In this subsection "stream" shall include both flowing
and intermittent water courses.
15(e) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area out over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstruction resulting from the Permittee's operation. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Permittee uses Bureau of Indian Affairs roads he shall maintain such
roads, in proportion to his share of use, as determined by agreement
between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precaution. The Permittee shall furnish and maintain in a
good and serviceable condition such fire fighting tools and equipment,
provides such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use necessary manpower and equipment at
his disposal, including the employee and equipment of his subcontractors
engaged on or near the permit area in construction or in logging or
removing timber. When called upon by the Officer in Charge, the
Permittee shall make available any or all of his manpower and equipment,
including that of his subcontractors, for hire by the Bureau of Indian
Affairs and to work under the direction of any authorized employee of
the Bureau of Indian Affairs in the suppression of any fire on or
threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his cost incurred in
suppressing fires for which the Permittee or his employee are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damage caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damages which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT KLEANOR HENRIQUEZ WHEELER PERMIT SALE
QUINAULT INDIAN RESERVATION WASHINGTON
Introduction:
Mrs. Eleanor H. Wheeler has requested that a Special Allotment Timber
Cutting Permit be issued to her for the harvesting of timber on her
allotment No. 1122, located within the Northwest Portion of the Quinault
Reservation known as the Queets Area. Mrs. Wheeler will not log the
timber herself, but does plan to contract for the logging with an
operator presently operating within the immediate vicinity of her
allotment.
Description of Area and Stand:
The allotment is described as follows:
S1/2SW1/4 Section 14, Township 23 North, Range 12 West, Willamette
Meridian, Washington
The allotment is located approximately two miles south of U.S.
Highway 101, and about 58 miles north of Grays Harbor. The closest
logging road, located about 1/4 mile distant, is owned by the Esses
Bros. Logging Company. Construction of a road to log the subject tract
will not be difficult.
All of the allotment is timbered. However, the merchantable is
located on 60 acres; the remaining 20 acres contains non-merchantable
timber. The topography is level to rolling, with the merchantable
timber located on well drained lands. The timber is mature and
over-mature western redcedar, western hemlock, Pacific silver fir and
western white pine, with cedar comprising 84% of the total volume,
hemlock 11%, silver fir 2% and pine 3%. The timber is about average
size for timber within the Queets area, with over-all volumes per acre
of 41 MBM. A 20% cruise was made on 611031, by members of our Forestry
staff, using 1/5 acre rectangular plots. All trees 12" D.B.H. and
larger, and having a minimum top diameter of 8" were tallied and graded.
The volumes and log grades by species are as follows:
Table not keyed, see original
It should be noted that our cruise included only trees 12 inches
D.B.H. and larger. However, there are trees below this diameter that
could be utilized for pulpwood or cordwood. In the interest of
utilization and income to the allotment owner, these trees should be
taken out. Thus, on the permit under Section 3, we have eliminated all
mention of a diameter limit, so that the permittee may utilize this
material consistent with existing markets for their products.
Current Market Conditions:
The Grays Harbor log market prices have remained relatively stable
the past six months. However, log prices are still below those paid a
year ago, with not much indication of any change for the next few
months. Limited amounts of cedar logs are moving from water storage to
manufacturing plants, but at log prices considerably lower than those
received last year. There is still very little demand by purchasers for
cedar timber. Even though prices for western hemlock, silver fir and
Sitka spruce are not as high as prices paid last year, the demand for
these species remains good.
The export market for logs to Japanese markets has been very good for
the past year. The Japanese are particularly interested at the present
time in Sitka spruce and western hemlock. Also, during the past three
months, they have purchased a limited amount of pole-type or No. 3 grade
western redcedar.
Appraisal of Stumpage Value:
Appraisal of timber is based on 3rd Quarter log market prices of log
delivered to tidewater in the Aberdeen and Hoquiam area on Grays Harbor.
Also, this area offers complete manufacturing facilities on a railhead.
LOG VALUES
Table not keyed, see original
#Log Prices from: P.H.L.A. 3rd Qtr. 1961 Grays Harbor Log Market
Prices and log grade prices paid by local mills on Grays Harbor as of
611001. The higher value was used in all grades.
Table not keyed, see original
Table not keyed, see original
Table not keyed, see original
Notes:
1. Direct logging and overhead cost estimates are average of costs
obtained from five operators in Grays Harbor County (copies at Agency
and Area Offices,).
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission Tariff 4-A, effective 611109.
3. Road Maintenance computed using recommended Forest Service figure
of .10 per M/mile.
4. Road Development Costs -same standard of road to be constructed
on this tract as allowed in the Forest Officer's Report for the Agnes
Major Sale. Approximately 2,500 feet of 10' wide road was estimated to
cost $1,412.00 for the Agnes Major Sale. This approximate 60[ per
lineal foot. It is estimated that 1,800 feet of 10' wide road will be
necessary to log the subject tract. Therefore, total estimated road
development cost equals 1,800 feet x .60 per foot or $1,080.00. This
estimate divided by the net sale volume of 2,353 MBM equals .46 per MBM.
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula: S =
V/1.OP - C ........................................................ .
...In which S = Stumpage value ........................................
. V = Net log price
..................................................... . OP = Percentage
for profit and risk ................................... . C = Total
logging costs ............................................... . ...A.
Western redcedar: .............................................. . S =
$44.85/1.10 - $28.78 .............................................. . S
= $11.99 ............................................................ .
...B. Western hemlock: ...............................................
. S = $45.76/1.08 - $27.69
.............................................. . S = $14.68
............................................................ . ...C.
Pacific silver fir: ............................................ . S =
$47.27/1.08 - $27.69 .............................................. . S
= $16.08 ............................................................ .
...D. Western white pine: ............................................
. S = $32.73/1.10 - $27.99
.............................................. . S = $19.95
............................................................ .
Stumpage Values rounded to nearest five (.05) cents: Western
redcedar $12.00 Western hemlock 14.70 Pacific silver fir 16.10 Western
white pine 19.95
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for reasonable profit.
Such factors as market conditions, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk. This margin is comparable to the margin for profit and
risk determined from index sales.
APPRAISAL SUMMARY
Eleanor Henriquez Wheeler TIMBER SALE UNIT, Quinault RESERVATION
Table not keyed, see original
Recommendations:
It is recommended that the above values be accepted as the appraised
stumpage rates for the species of timber on this allotment.
Date: 611111
Sgd. Don W. Clark Assistant Forest Manager
Date: 611111
CONCUR: Sgd John W. Libby Forest Manager
Date: 611111
APPROVED: Sgd (ILLEGIBLE) Superintendent
HEL-012-1265-1269
HEL-012-1262-1279
RINGEY, C W W WASH AGENCY
611031
CORRESPONDENCE
RINGEY, C W W WASH AGENCY
Forestry-339.2
Penn, P-4-61
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
611031
Mrs. Emily Cleveland Penn Queets Village Clearwater, Washington
Dear Mrs. Penn:
During your recent visits to our Hoquiam Office, you indicated that
you would like to handle the sale of the timber from your allotment No.
1718 yourself. Our Forestry staff explained that a Special Allotment
Timber Cutting Permit could be issued authorizing you to do this, since
you are the sole owner.
The timber has been cruised by our foresters, and the volumes and
values by species are shown below. (The cruise was based on a 10%
cruise with a tally being made of all trees 12 inches D.B.H. and
larger).
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. We wish to point out that our appraised values are
based on tidewater log prices on Grays Harbor. Since you have indicated
you plan to contract for the sale of your timber with an operator who
may utilize the bulk of the cedar logs at a mill in the vicinity of
Amanda Park, you, no doubt, should realize a higher stumpage value for
this species, primarily because of the shorter truck haul. Thus, the
estimated stampage value for these logs would be approximately $6-7 per
thousand board feet higher than on the cedar logs trucked to the
Hoquiam-Aberdeen area.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction.
We are quite sure you understand that the Special Deposit of $804.62
referred to in Section 6 of the permit will be held until logging
operations have been satisfactorily completed. The permit provides that
the deposit may be used to repair any damages that may be caused in
logging operations. The balance will then be returned to you. The
administrative fees of $402.31 mentioned in Section 5 will be deposited
to the U.S. Treasury, and cannot be returned to you. Both the Special
Deposit and the payment for administrative fees, totalling $1,206.93,
must be paid in full to this office before you will receive the approved
permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorize you to cut and sell your timber.
Sincerely yours,
(Sgd) C.W. Ringey, Superintendent
Portland Area Office (2)
HEL-012-1280-1281
HEL-012-1280-1294
PENN, E C
611026
CORRESPONDENCE
HOLTZ, R D US DOI BIA
Forestry
339.5
611026
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Special Allotment Timber Cutting Permit authorizing Emily Cleveland
Penn to log the timber on her Quinault allotment, No. 1718, which was
sent with Acting Superintendent M. L. Schwartz' letter of 611020, has
been approved and copies of it are being mailed to Mr. Clark at the
Hoquiam office with a copy of this letter.
Two copies of the permit and Forest Officer's Report have been
retained, one of which is being sent to the Central Office.
Please send us two copies of your letter to Mrs. Penn.
Sincerely yours,
(Sgd) R. D. HOLTZ Area Director
Enclosures Central Office--Forestry (w/enc.) Hoquiam Subagency
(w/enc.)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. 4-61
Allotment No. 1718, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Emily
Cleveland Penn hereinafter called the Permittee, sole owner of the
allotment shown above which is described as the
Lot 8, Section 21; Lots 2 & 4, Section 28, and SE1/4 NE1/4 Section
28, all in Township 23 North, Range 13 West, Willamette Meridian,
Washington to cut and sell the timber shown below which has been
designated for cutting by the Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 621031, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $402.31 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to the approval of this
permit#
Payments other than in cash small be drawn payable to the Bureau of
Indian Affairs.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR141.19(c), that the deposit in the amount of $804.62
furnished to the Superintendent prior to the approval of this permit may
be used by the Approving Officer, in his discretion, for planting or
other work to offset damage to the land or timber caused by the
Permittee's failure to comply with the provisions of this permit. The
deposit shall be returned to the Permittee upon satisfactory completion
of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comly with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
A. Slash Disposal - Not applicable.
B. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
1. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
2. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Emily Cleveland Penn Permittee
Date illegible
APPROVED: Sgd) B. D. HOLTZ Title: Area Director
Date: 611026
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream courses and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fire.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT
Emily Cleveland Penn Permit Sale Quinault Indian Reservation
Washington
Introduction:
Mrs. Emily Cleveland Penn has requested that a Special Allotment
Timber Cutting Permit be issued to her for the harvesting of timber on
her allotment No. 1718, located in the Raft River area of the Northwest
Portion of the Quinault Reservation. Mrs. Penn will not log the timber
herself, as she owns no logging equipment. She plans to contract for
the logging of her timber with persons presently operating within the
general area of her allotment.
Description of Area and Stand:
The allotment is described as follows:
Lot 8, Section 21; Lots 2 & 4, and SE1/4NE1/4 Section 28; all in
Township 23 North, Range 13 West, Willamette Meridian, Washington.
The allotment is located approximately 70 miles north of Hoquiam,
Washington, and 1/4 mile south of the mouth of Raft River. The
topography is relatively level, presenting an easy logging show. The
timber is mature and over-mature western redcedar, western hemlock and
Sitka spruce, with cedar comprising 67 percent of the total volume,
hemlock 26 percent and spruce 7 percent. All of the timber is small and
of the marginal type, with broken tops, and with an over-all volume per
acre of about 26 MBM. The timber is concentrated on the east side of
the allotment; only 34 acres is timbered. The Cape Elizabeth road
traverses the allotment from north to south, providing easy access. The
existing bridge across Raft River, which was originally constructed
during the CCC era, will, no doubt, have to be reinforced before heavy
equipment can be used extensively. A 10% cruise was made on 590616, by
members of our Forestry staff, using 1/10 acre circular plots. All
trees 12" D.B.H. and larger, and having a minimum top diameter of 8"
were tallied and graded.
The volumes and log grades by species are as follows:
"Table not keyed see original"
It should be noted that our cruise included only trees 12 inches
D.B.H. and larger. However, there are trees below this diameter that
could be utilized for pulpwood or cordwood. In the interest of
utilization and income to the allotment owner, these trees should be
taken out. Thus, on the permit under Section 3, we have eliminated all
mention of a diameter limit, so that the permittee may utilize this
material consistent with existing markets for their products.
Current Market Conditions:
The Grays Harbor log market prices have remained relatively stable
the past six months. However, log prices are still below those paid a
year ago, with not much indication of any change for the next few
months. Limited amounts of cedar logs are moving from water storage to
manufacturing plants, but at log prices considerably lower than those
received last year. There is still very little demand by purchasers for
cedar timber. Even though prices for western hemlock, silver fir and
Sitka spruce are not as high as prices paid last year, the demand for
these species remains good.
The export market for logs to Japanese markets has been very good for
the past year. The Japanese are particularly interested at the present
time in Sitka spruce and western hemlock. Also, during the past three
months, they have purchased a limited amount of pole-type or No. 3 grade
western redcedar.
Appraisal of Stumpage Values:
Appraisal of timber is based on 3rd Quarter log market prices of logs
delivered to tidewater in the Aberdeen and Hoquiam area on Grays Harbor.
Also, this area offers complete manufacturing facilities on a railhead.
Since it is highly probable that some of the timber on this allotment
would be sold to export firms, the timber has been appraised to the Port
Dock on Grays Harbor.
LOG VALUES
"Table not keyed, see original"
#Log Prices from: P.N.L.A. 3rd Qtr. 610000 Grays Harbor Log Market
Prices and log grade prices quoted by local mills on Grays Harbor. The
higher value has been used in all grades.
Logging Costs ...I. LOGGING & OVERHEAD
............................................. . ...A. Direct Logging
Costs: .......................................... . 1. Felling &
Bucking (incl. snag falling) $3.94 ...................... . 2. Yarding
5.96 ...................................................... . 3.
Loading 1.59 ...................................................... .
Sub-Total $11.49 ......................................................
. ...B. Logging Overhead Costs:
........................................ . 1. Logging burden $1.99
.............................................. . 2. Depreciation 1.07
................................................. . Sub-Total $ 3.06
...................................................... . TOTAL LOGGING
& OVERHEAD $14.55 ....................................... . ...II.
TRANSPORTATION ................................................ . ...A.
Truck haul: (70 miles) ......................................... . 1.
65 mi. class A @.155 $10.08 ....................................... .
2. 5 mi. class C @.26 1.30 ...........................................
. 3. Ease rate 1.82
.................................................... . ...$13.20
............................................................. . 4.
Average log load @.065/log: ....................................... .
"Table not keyed, see original"
#Factors used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of the Washington State
Formula (see R6-TM 179, dated 550418).
"Table not keyed, see original"
Notes:
1. Direct logging & overhead costs estimates are average of costs
obtained from five operators in Grays Harbor County (copies at Agency
and Area Offices).
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission Tariff 4-A, effective 610701.
3. Road maintenance computed using recommended Forest Service figure
at .10 per M/mile.
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula: S =
V/1.OP - C In which S = Stumpage value V = Net log price .OP =
Percentage for profit and risk C = Total logging costs
A. Western redcedar: S = $42.40/1.10 - $31.23 S = $ 7.32
B. Western hemlock: S = $45.72/1.08 - $29.79 S = $12.54
C. Sitks spruce: S = $47.47/1.10 - $30.23 S = $12.92
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to given an operator a margin for reasonable profit.
Such factors as market conditions, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk.
APPRAISAL SUMMARY Emily Cleveland Penn TIMBER SALE UNIT, Quinault
RESERVATION
"Table not keyed, see original"
Recommendations:
It is recommended that the above values be accepted as the appraised
stumpage rates for the species of timber on this allotment.
Date: 611019
Sgd. Don W. Clark Asst. Forest Manager
Date: 611019
CONCUR: Sgd. John W. Libby Forest Manager
Date: 611023
APPROVED: ILLEGIBLE Superintendent
HEL-012-1282-1294
HEL-012-1280-1294
RINGEY, C W W WASH AGENCY
610612
CORRESPONDENCE
BIA PAO BR OF FOREST
RECEIVED
610620
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
For Information
TO Commissioner
FOR ATTENTION OF: Branch of Forestry
FROM Forestry Branch Portland Area Office
DATE: 610612
SUBJECT Special Allotment Timber Cutting Permit
HEL-012-1295-1295
HEL-012-1280-1310
COMM US DOI BIA BR OF FORESTRY
610608
CORRESPONDENCE
RINGEY, O W W WASH AGENCY
RECEIVED
610620
Forestry-339.z Hagle, Q-2-61
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
610608
Mr. Percy G. Nagle 3025 NE Marine Drive Portland, Oregon
Dear Mr. Nagle:
During your recent visits to our Hoquiam Office, you indicated that
you would like to handle the sale of timber from your allotment No. 2038
yourself. Our Forestry staff explained that a Special Allotment Timber
Cutting Permit could be issued authorizing you to this, since you are
the sole owner.
The timber has been examined by our foresters, and the volumes and
values by species are shown below. (The cruise was based on a 20%
cruise with a tally being made of all trees 12 inches D.B.H. and
larger.)
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut.
As Mr. Dan W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office, mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction.
We are quite sure you understand that the Special Deposit of
$1,457.06 referred to in Section 6 of the permit will be held until
logging operations have been satisfactorily completed. The permit
provides that the deposit may be used to repair any damages that may be
caused in logging operations. The balance will then be returned to you.
The administrative fees of $728.53 mentioned in Section 5 will be
deposited to the U. S. Treasury, and cannot be returned to you. Both
the Special Deposit and the payment for administrative fees, totalling
$2,185.59, must be paid in full to this office before you will receive
the approved permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorize you to cut and sell your timber.
Sincerely yours,
(Sgd) C. W. Ringey, Superintendent
cc - Portland Area Office (2)
HEL-012-1296-1297
HEL-012-1280-1310
NAGLE, P G
610607
CORRESPONDENCE
SKARRA, P E BIA
RECEIVED
610620
Forestry 339.5
610607
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Special Allotment Timber Cutting Permit authorising Mr. Percy O.
Hagle to log the timber on his Quinault allotment, No. 2038, which was
sent with Acting Superintendent W. J. DeCalle's letter of 610602, has
been approved and copies of it are being mailed to Mr. Clark at the
Hoquiam office with a copy of this letter.
Two copies of the permit and Forest Officer's Report have been
retained, one of which is being sent to the Central Office. We have
corrected the description in our copies of the Forest Officer's Report
from "Section 26" to "Section 16."
Please send us two copies of your letter to Mr. Hagle.
Sincerely yours,
(ILLEGIBLE) Assistant Area Director
Enclosures
cc: Central Office (w/onc.) Hoquiam Subagency (w/onc.)
RECEIVED
610620
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-2-61
Allotment No. 2038, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Mr. Percy G.
Nagle hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the SE1/4NE1/4 Section 16, Township 23
North, Range 13 West, Willamette Meridian. Washington, containing 40
acres, more or less to cut and sell the timber shown below which has
been designated for cutting by the Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 620531, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPRESS. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $723.53 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to th approval of this
permit# Payments other than in cash shall be drawn payable to the Bureau
of Indian Affairs.
#Delete one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$1,457.06 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag falling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
1. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
2. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Permitive Percy G. Nagle
Date: ILLEGIBLE
APPROVED: (ILLEGIBLE) Title: Assistant Area Director
Date: 610607
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber out
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(e) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deems
necessary to avoid excessive damage when ground conditions are
unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of the permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Falling. When required in Section 8 of this permit, the
Permittee shall fall all unmerchantable trees, within the area out over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands owned solely by the
Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT
Percy G. Nagle Permit Sale
Quinsult Indian Reservation Washington
Introduction:
Mr. Percy G. Nagle has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on his
allotment No. 2038, located within the Northwest portion of the Quinsult
Reservation, called the Queets area. Mr. Nagle will not log the timber
himself, as he owns no logging equipment. He does plan to sell the
timber to operators who are presently logging within this immediate
area.
Description of Area and Stand:
The allotment is described as follows:
SE 1/4 NE 1/4 Section 26, Township 23 North, Range 13 West,
Willamette Maridian, Washington, containing 40 acres.
All of the allotment is timbered. It is located approximately 68
miles north of Hoquiam, Washington, and about 1-1/2 miles north of the
south of Raft River. The topography is relatively level, presenting an
easy logging show. The timber is mature and over-mature western
redcedar, western hemlock, Pacific silver fir and Sicks spruse, with
cedar comprising approximately 71 percent of the total volume, hemlock
approximately 16 percent, silver fir approximately 10 percent and spruce
approximately 3 percent. All of the timber is of the marginal type,
with over-all volume per acre of about 38 MBM. Access is good, the
allotment being located less than 1/4 mile east of the Cape Elizabeth
gravel read. A 20 percent cruise was made on 610524 by members of our
forestry staff, using 1/3 acre plots. All trees 12" D.B.H., and having
a minimum top diameter of 8 inches, were tallied and graded.
The volumes and log grades by species are as follows:
Table not keyed, see original
It should be noted that our cruise included only trees 12 inches
D.B.H. and larger. However, there are trees below this diameter that
could be utilized for pulpwood or cordwood. In the interest of
utilization and income to the allotment owner, these trees should be
taken out. Thus, on the permit under Section 3 we have eliminated all
mention of a diameter limit so that the permittee may utilize this
material consistent with existing markets for their products.
Current Market Conditions:
The current cedar market on Gray Harbor remains depressed, especially
for No. 1 logs. However, the majority of cedar logs from the subject
tract are No. 2's and 3's, with the greatest percentage in No. 2's. The
No. 2 & 3 grade logs have shown some increase in price over those
reported for the 4th Quarter of 1960. Some No. 3 cedar logs are
presently being purchased by Japanese firms for prices somewhat higher
than those being paid on Grays Harbor by local manufacturing plants.
The market for hemlock, silver fir and spruce is relatively firm, with
prices for all log grades nearly the same as offered last year.
Appraisal of Stumpage Values:
The appraisal of timber is based on 1st Quarter 1961 log market
prices of logs delivered to tidewater on Grays Harbor. Also, this area
offers complete manufacturing facilities on a railhead.
LOG VALUES
"Table not keyed, see original"
#Log prices from: 1st Qtr. P.N.L.A. Log Prices and prices quoted by
Grays Harbor plants, 610401. The higher log price has been used in all
instances.
LOGGING COSTS
I. Logging and Overhead Costs:
A. Direct Logging Costs: 1. Felling & Bucking $3.94 2. Yarding
5.96 3. Loading 1.59 Sub-Total $11.49
B. Logging Overhead Costs: 1. Overhead $1.99 2. Depreciation 1.07
Sub-Total $3.06
Total Logging & Overhead Costs $14.55
II. Transportation: (68 miles)
A. Truck haul: 1. 65 miles Class A @$0.155 $10.08 2. 3 miles
Class C @$0.26 .78 3. Base rate 1.82 $12.68 4. Average load
@$0.065/log:
"Table not keyed, see original"
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis fo the Washington State
Formula (see R6-TM179, dated 550418).
Notes:
1. Direct logging and overhead cost estimates are average of costs
obtained from five operators in Grays Harbor County. (Copies at Area
and Agency Offices.)
2. Truck hauling rates computed according to Public Service
Commission, Tariff No. 4-A, Correction No. 197, issued 600510, by Public
Service Commission for the State of Washington, Olympia, Washington.
3. Road Maintenance computed using recommended Forest Service figure
of .10 per M/Mile.
Determination of Stumpage Values:
The Stumpage value is computed by use of the following formula: S =
V/1.OP - C
In which S = Stumpage value V = Net log price OP = Percentage for
profit and risk C = Total logging costs
A. Western redceder: S = $41.61/1.10 = $30.41 = $7.42
B. Western hemlock: S = $44.50/1.08 = $29.03 = $12.17
C. Pacific silver fir: S = $49.82/1.08 = $29.03 = $17.10
D. Sitka spruse: S = $52.35/1.10 = $28.77 = $18.82
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for reasonable profit.
Such factors as market condition, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk.
Indicated Stumpage Rates: (rounded to nearest five cents) Western
redeedar $7.40 Western hemlock $12.15 Pacific silver fir $17.10 Sitka
spruce $18.80
APPRAISAL SUMMARY
Percy G. Nagle TIMBER SALE UNIT, Quinault RESERVATION
Table not keyed, see original
Recommendations:
It is recommended that the above values be accepted as the appraised
stumpage rates for the species of timber on this allotment.
Date: 610501
Sdg. Don W. Clark Asst. Forest Manager
Date: 610602
CONCUR: (Sgd.) John W. Libby Forest Manager
Date: 610602
APPROVED: (Sgd) W. J. DeCelle ACTING Superintendent
HEL-012-1298-1310
HEL-012-1280-1310
RINGEY, C W W WASH AGENCY
610615
CORRESPONDENCE
DECELLE, W J W WASH AGENCY
Forestry-339.2 Fisher, Q-3-61
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
610615
Mr. Robert Fisher Westport, Washington
Dear Mr. Fisher:
During your recent visits to our Hoquiam Office, you indicated that
you would like to handle the sale of timber from your allotment No. 1793
yourself. Our Forestry staff explained that a Special Allotment Timber
Cutting Permit could be issued authorizing you to do this, since you are
the sole owner.
The timber has been cruised by our foresters, and the volumes and
values by species are shown below. (The cruise was based on a 10%
cruise, with a tally being made of all trees 12 inches D.B.H. and
larger.)
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way guaranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office, mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction.
We are quite sure you understand that the Special Deposit of $108.48
referred to in Section 6 of the permit will be held until logging
operations have been satisfactorily completed. The permit provides that
the deposit may be used to repair any damages that may be caused in
logging operations. The balance will then be returned to you. The
administrative fees of $54.24 mentioned in Section 5 will be deposited
to the U.S. Treasury, and cannot be returned to you. Both the Special
Deposit and the payment for administrative fees, totalling $162.72, must
be paid in full to this office before you will receive the approved
permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorize you to cut and sell your timber.
Sincerely yours,
(Sgd) W. J. DeCelle ACTING Superintendent
cc - Portland Area Office (2)
HEL-012-1311-1312
HEL-012-1311-1325
FISHER, R
610614
CORRESPONDENCE
MOORE, DOI BIA
Forestry 339.5
610614
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Special Allotment Timber Cutting Permit authorizing Mr. Robert Fisher
to supervise the scale and logging of the timber on his Quinault
allotment, No. 1793, which was sent with your letter of 610609, has been
approved and copies of it are being mailed to Mr. Clark at the Hoquiam
office with a copy of this letter.
The same form of letter to Mr. Fisher should be prepared as was used
for the Burtrand permit (Q-1-61).
We were reluctant to approve this permit because the Forest Officer's
Report indicated that the estimate was based on a 10 percent cruise. It
is our opinion that ordinarily the cruise should be at least 20 percent.
In any event, you should continue to advise the permittee against
selling on the estimated volume.
Please send us two copies of your letter to Mr. Fisher.
Sincerely yours,
(ILLEGIBLE) Actng Area Director
Enclosures
cc: Central Office Forestry (w/enc.) Hoquiam Subagency (w/enc.)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-3-61
Allotment No. 1793, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section 8
of the Act of 100625 (25 U.S.C. 406) and the regulations contained in 25
CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Mr. Robert
Fisher, hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the Lot 2, Section 16, Township 23
North, Range 13 West, Willamette Meridian, Washington, containing 50.55
acres to cut and sell the timber shown below which has been designated
for cutting by the Bureau of Indian Affairs:
Table not keyed, see Original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be constructed to require
the Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTINGS. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 620531, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $54.24 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to the approval of this
permit# #in installments. Payments other than in cash shall be drawn
payable to the Bureau of Indian Affairs.
# Delete one payment option. Release 53-6, 2-23-60
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$108.48 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
1. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
2. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Robert Fisher Permittee Robert Fisher
Date: 610606
APPROVED: (ILLEGIBLE)
Title: Acting Area Director
Date: 610614
11. DEFINITION. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
resonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream side of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Files shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area out over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
Release 53-6, 2-23-60
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and servicable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT
ROBERT FISHER PERMIT SALE QUINAULT INDIAN RESERVATION WASHINGTON
Introduction:
Mr. Robert Fisher has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on his
allotment No. 1793, located within the Northwest portion of the
Quinault Reservation, called the Queets area. Mr. Fisher will not log
the timber himself. The timber is to be logged in conjunction with
timber on the adjacent allotment owned by Mr. Percy G. Nagle. Mr.
Nagle is being issued a Special Allotment Timber Cutting Permit for his
40-acre tract.
Description of Area and Stand:
The allotment is described as follows:
Lot 2, Section 16, Township 23 North, Range 13 West, Willamette
Meridian, Washington, containing 50.55 acres.
The allotment is located approximately 68 miles north of Hoquiam,
Washington, and about 1-1/2 miles north of the mouth of Raft River. The
topography is relatively level, presenting an easy logging show. The
timber is located primarily along the north boundary in the eastern
portion of the allotment; the western portion of the allotment has a
very dense cover of nothing but salal brush. The timber is mature and
over-mature western redcedar, western hemlock and Sitka spruce, with
cedar comprising approximately 75% of the total volume, hemlock
approximately 11% and spruce approximately 14%. All of the timber is of
very low grade, with log grade recovery estimated only in the No. 2 and
3 grades. The merchantable timber stands average less than 10 MBM per
acre, net volumes. Access is good, the allotment being located on both
sides of the Cape Elizabeth gravel road. A 10% cruise was made on
610601 by members of our Forestry staff, using 1/5 acre rectangular
plots. All trees 12 inches D.B.H. and larger, and having a minimum top
diameter of 8 inches, were tallied and graded.
The volumes and log grade percentages by species are as follows:
Table not keyed, see original
It should be noted that our cruise included only trees 12 inches
D.B.H. and larger. However, there are trees below this diameter that
could be utilized for pulpwood or cordwood. In the interest of
utilization and income to the allotment owner, these trees should be
taken out. Thus, on the permit under Section 3, we have eliminated all
mention of a diameter limit so that the permittee may utilize this
material consistent with existing markets for their products.
Current Market Conditions:
The current market for cedar on Grays Harbor remains depressed,
especially for No. 1 logs. However, all the cedar logs from the subject
tract are No. 2's and No. 3's, with the greatest percentage in No. 3's.
The No. 2 and 3 grade logs have shown some increase in price over those
reported for the 4th Quarter of 600000. Some No. 3 cedar logs are
presently being purchased by Japanese firms for prices somewhat higher
than those being paid on Grays Harbor by local manufacturing plants.
The market for hemlock, silver fir and spruce is relatively firm, with
prices for all log grades nearly the same as offered last year.
Appraisal of Stumpage Values:
The appraisal of timber is based on 1st Quarter 610000 log market
prices of logs delivered to tidewater on Grays Harbor. Also, this area
offers complete manufacturing facilities on a railhead.
LOG VALUES
"Table not keyed, see original"
#Log prices from: 1st Qtr. 610000, PNLA - Grays Harbor Market and
log prices being paid by local mills as of 610401. In all instances,
the higher log value was used.
LOGGING COSTS
I. Logging and Overhead Costs:
A. Direct Logging Costs: 1. Felling & Bucking $3.94 2. Yarding
5.96 3. Loading 1.59
Sub-Total $11.49
B. Logging Overhead Costs: 1. Overhead $1.99 2. Depreciation 1.07
Sub-Total $3.06
Total Logging and Overhead Costs $14.55
II. Transporation: (68 miles)
A. Truck haul: 1. 65 miles Class A @$0.155 $10.08 2. 3 miles
Class C @$0.26 .78 3. Base rate 1.82
$12.68 4. Average load @$0.065/log:
"Table not keyed, see original"
"Table not keyed, see original"
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of the Washington State
Formula (see R6-TM179, dated 550418).
Notes:
1. Direct logging and overhead cost estimates are average of costs
obtained from five operators in Grays Harbor County. (Copies at Area
and Agency Offices.)
2. Truck hauling rates computed according to Public Service
Commission, Tariff No. 4-A, Correction No. 278, issued 610503, by Public
Service Commission for the State of Washington, Olympia, Washington.
3. Road Maintenance computed using recommended Forest Service figure
of .10/M/Mile.
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula: S =
V/1.OP - c
In which S = Stumpage value V = Net log price .OP = Percentage for
profit and risk C = Total logging costs
A. Western redcedar: S = $38.64/1.10 - $30.79 $4.34
B. Western hemlock: S = $43.33/1.08 - $29.03 $11.09
C. Sitka spruce: S = $46.16/1.10 - $29.11 $12.85
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for reasonable profit.
Such factors as market condition, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk.
Indicated Stumpage Rates: (rounded to nearest five cents) Western
redcedar $4.35 Western hemlock $11.10 Sitka spruce $12.85
APPRAISAL SUMMARY Robert Fisher TIMBER SALE UNIT, Quinault
RESERVATION
Table not keyed, see original
Recommendations:
It is recommended that the above values be accepted as the appraised
stumpage rates for the species of timber on this allotment.
Date: 610606
Don W. Clark Asst. Forest Manager
Date: 610609
CONCUR: John W. Libby Forest Manager
Date:
APPROVED:
Superintendent
HEL-012-1313-1325
HEL-012-1311-1325
RINGEY, C W W WASH AGENCY
610601
CORRESPONDENCE
BIA PAO BR OF FOREST
RECEIVED
610606
Form 5-358
530700
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
For Information
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Forestry Branch Portland Area Office
Date: 610106
SUBJECT Letter to be attached to file of James Bertrand - Special
Allotment Timber Cutting Permit - No. Q-1-61, Allotment No. 1636
HEL-012-1326-1326
HEL-012-1326-1351
COMM US DOI BIA BR OF FORESTRY
610526
CORRESPONDENCE
RINGEY, C W W WASH AGENCY
Forestry-339.2 Bertrand-Q-1-61
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
610526
Mr. James A. Bertrand 8060 North Ivanhoe Portland 3, Oregon
Dear Mr. Bertrand:
During your recent visits to our Hoquiam Office, you indicated that
you would like to handle the sale of the timber from your allotment No.
1636 yourself. Our Forestry staff explained that a Special Allotment
Timber Cutting Permit could be issued authorising you to do this, since
you are the sole owner.
The timber has been cruised by our foremasters, and the volumes and
values by species are shown below. (The cruise was based on a 10%
cruise with a tally being made of all trees 12 inches D.B.H. and
larger.)
Table not keyed, see original
It should be clearly understood that the volumes and values are
estimates only, and are in no way guranteed by the Bureau of Indian
Affairs. The values shown above represent the value of the timber
before it is cut. Since you have indicated that you plan to sell the
timber to Mr. R. D. McDonald of Amanda Park, Washington, we wish to
point out that our prices are based on tidewater prices on Grays Harbor.
It is our understanding that Mr. McDonald will deliver the bulk of the
cedar logs to the Crane Creek Shingle Mill at Amanda Park. Thus, we
believe Mr. McDonald is in a position to pay a higher price for shingle
cedar logs than might be received for logs on tidewater, since the log
haul to the Crane Creek Shingle Mill is relatively short.
As Mr. Don W. Clark, our Assistant Forest Manager in charge of our
Hoquiam Office mentioned to you, the information furnished you is only
intended to guide you in negotiating the sale of your timber. When you
are issued the permit, you will be free to sell at whatever prices you
wish. You will have the full responsibility for determining the volume
of products sold, and for carrying out the sale transaction.
We are quite sure you understand that the Special Deposit of
$1,914.00 referred to in Section 6 of the permit will be held until
logging operations have been satisfactorily completed. The permit
provides that the deposit may be used to repair any damages that may be
caused in logging operations. The balance will then be returned to you.
The administrative fees of $937.00 mentioned in Section 5 will be
deposited to the U.S. Treasury, and cannot be returned to you. Both the
Special Deposit and the payment for administrative fees, totalling
$2,871.00, must be paid in full to this office before you will receive
the approved permit.
We believe Mr. Clark discussed this information with you, and that
you agreed on these terms at the time you signed the permit. Please
feel free to consult with our Hoquiam staff if you have any further
questions regarding the conditions of the permit. The approved permit
will authorize you to cut and sell your timber.
Sincerely yours, (Sgd) C. W. Ringey, Superintendent
Portland Area Office (2)
HEL-012-1327-1328
HEL-012-1326-1351
BERTRAND, J A
610517
CORRESPONDENCE
SKARRA, P E US DOI BIA
RECEIVED
610522
Forestry 339.5 610517
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
With your letter of 610511, you submitted a revised Forest Officer's
Report prepared by Don W. Clark covering timber on Quinault Allotment
No. 1636. You also enclosed in quadruplicate a Special Allotment Timber
Cutting Permit, Form 5-613, authorizing Mr. James A. Bertrand to log
the timber on this allotment.
On 600721, we approved a similar permit for Mr. Bertrand but he was
unable to use the permit because of unforeseen circumstances. We are
approving a second permit and copies of it are being mailed to Mr. Clark
at the Hoquiam office with a copy of this letter. Two copies of the
permit and Forest Officer's Report have been retained. One of each is
being sent to the Central Office.
We have made only one minor suggested change in your letter to Mr.
Bertrand and the original rough draft copy of this letter is being
returned to Mr. Clark. We shall appreciate having two copies of it when
it is sent to Mr. Bertrand.
Please void Permit No. Q-1-60 as you advise us that it was never
issued to the allottee.
Sincerely yours,
Perry E Skarra Assistant Area Director
cc: Central Office - Forestry Br. w/enclosures Hoquiam Subagency
w/enclosure
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-1-61
Allotment No. 1636 Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Mr. James A.
Bertrand hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the NE1/4SE1/4 Section 21 and
NE1/4NE1/4 Section 22, Township 23 North, Range 13 West Willamette
Meridian, Washington, containing approximately 80 acres, to cut and sell
the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs:
Table not keyed, see original.
The values shown above are estimates only and are not guranteed. The
cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 620430, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $957.00 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to the approval of this
permit# #in installments Payments other than in cash small be drawn
payable to the Bureau of Indian Affairs.
#Delete one payment option.
Release 53-6, 2-23-60
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$1,914.00 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS
1. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly markes at the
completion of this sale.
2. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: James A. Bertrand Permittee James A. Bertrand Date: 610503
APPROVED: Title: Area Director Date:
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions. 13. APPEALS. The
Permittee may appeal in writing any action taken in connection with this
permit. Appeals from actions by the Superintendent or a forest officer
shall be directed through the Superintendent to the Area Director.
Decisions by the Area Director may be appealed through the Area Director
to the Commissioner of Indian Affairs. Decisions by the Commissioner
may be appealed through the Commissioner to the Secretary of the
Interior in accordance with the rules and regulations as may from time
to time be prescribed. Appeals shall be made within 30 days of the
action or decision being appealed, unless the Permittee furnishes
reasons satisfactory to the officer receiving the appeal for granting a
longer period of time, in which case the officer may extend the period
for such length of time as he deems reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area out over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
Release 53-6, 2-23-60
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the adminstration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
REVISED FOREST OFFICER'S REPORT James A. Bertrand Permit Sale
Quinault Allotment No. 1636
The original Forest Officer's Report for this sale was prepared
600714. At that time, Mr. Bertrand planned to sell the timber to Mr.
Joseph Karnas who owned a small sawmill in the vicinity of the
allotment.
Shortly following approval of the cutting permit on 600721 by Acting
Area Director Perry E. Skarra, two events took place which discouraged
Mr. Bertrand from harvesting his timber. First, Mr. Karnas died as a
result of a logging accident, and his interest in the small sawmill was
sold. Secondly, the market for cedar logs became very depressed, and
Mr. Bertrand decided not to cut the timber until some improvement was
evident.
The allottee now has decided to log the timber, and has a market for
the logs.
Current Market Conditions:
The current cedar market on Grays Harbor remains depressed especially
for No. 1 logs. However, the majority of cedar logs from the subject
tract are No. 2's and No. 3's, with the greatest percentage in No. 2's.
This is the log grade which produces shingles. The prospective
purchaser is the operator of the Crane Creek Shingle Mill located at
Lake Quinault. The No. 2 & 3 grade logs have shown some increase in
price over those reported for the 4th Quarter of 600000. Some No. 3
cedar logs are presently being purchased by Japanese firms for $2-5 per
MBM above Grays Harbor log market prices. The market for hemlock and
spruce remains relatively firm, with prices for all log grades nearly
the same as offered last year.
Appraisal of Stumpage:
The stumpage has been re-appraised using 1st Quarter log market
prices of logs delivered to tidewater in the Grays Harbor area. Even
though the allottee is considering selling his timber to an operator in
the Quinault Lake area, only the No. 2 cedar logs can be used in his
mill, and the balance of the timber must be disposed of on the Grays
Harbor market.
LOG VALUES
Table not keyed, see original
#Log prices from: 1st Qtr. P.N.L.A. Log Prices and prices quoted by
Grays Harbor plants, 610401. The higher log price has been used in all
instances.
The same logging costs as used in the original appraisal are used in
this re-appraisal. These costs are:
Western redcedar $32.39
Western homlock $30.98
Sitka spruce $31.69
The scaling defects and allowances for profit and risk are the same
as used in the original report. (See Page 4 and 5 of report date July
14, 1960).
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula: S =
V/1.OP - C
In which S = Stumpage value V = Net log price .OP = Percentage
allowance for profit and risk C = Total logging costs
Western redcedar: S = $44.42/1.10 - $32.39 $7.99
Western hamlock: S = $45.60/1.08 - $30.98 $11.24
Sitka spruce S = $60.07/1.03 - $31.69 $23.93
Indicated Stumpage Rates: (rounded to nearest five cents) Western
redcard $ 8.00 Western hamlock $11.25 Sitka spruce $23.95
APPRAISAL SUMMARY
Table not keyed, see original
James Bertrand TIMBER SALE UNIT, Quinault RESERVATION
Recommendations:
It is recommended that the above values be accepted as the appraised
stumpage rates for the species of timber on this allotment.
Date: 610501
Sgd. Don W. Clark Don W. Clark, Asst. Forest Manager
Date: 610511
(Sgd.) John W. Libby Forest Manager
Date: 610511
APPROVED:
(Sgd) W.J. DeCelle ACTING Superintendent
HEL-012-1329-1333
HEL-012-1326-1351
RINGEY, C W W WASH AGENCY
600721
CORRESPONDENCE
SKARRA, P E US DOI BIA
RECEIVED
600726
Forestry 339.5
Portland Area Office Post Office Box 4097 Portland 8, Oregon
600721
Mr. C. W. Ringey Superintendent, Western Washington Agency
Dear Mr. Ringey:
Special Allotment Timber Cutting Permit authorizing Mr. James A.
Bertrand to log the timber on his Quinault Allotment No. 1636, which was
sent with your letter of 600715, has been approved and copies of it are
being mailed to Mr. Clark at the Hoquiam office with a copy of this
letter. Two copies of the permit and Forest Officer's Report have been
retained. One of each is being sent to the Central Office.
We are returning the suggested draft of a letter to Mr. Bertrand with
minor changes. We shall appreciate receiving two copies of the letter
when it has been sent to Mr. Bertrand.
Sincerely yours,
Perry E. Skarra Acting Area Director
Enclosures (all to Hoquiam)
cc: Central Office (w/enc.) Hoquiam Substation (w/enc.)
RECEIVED
600726
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-1-60
Allotment No. 1636 Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Mr. James A.
Bertrand hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the NE1/4 SE1/4 Section 21 and NE1/4
NE1/4 Section 22, Township 23 North, Range 13 West Willamette Meridian,
Washington, containing approximately 80 acres. to cut and sell the
timber shown below which has been designated for cutting by the Bureau
of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment is designated for clearcutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 610701 unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $1,302.00 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payments shall be made #in full prior to the
approval of this permit# Payments other than in cash small be drawn
payable to the Bureau of Indian Affairs.
#Delete one payment option.
Release 53-6, 2-23-60
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$2,604.00 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The Permittee shall fell all unmerchantable
trees, within the area cut over, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
1. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area clearly marked at the
completion of this sale.
2. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: James A. Bertrand Permittee James A. Bertrand. Date:
600713
APPROVED: Perry E. Skarra Title: ACTING AREA DIRECTOR Date: 600721
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practible precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
Release 53-6, 2-23-60
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trials which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER REPORT
James A. Bertrand Permit Sale Quinault Indian Reservation Washington
Introduction:
Mr. James A. Bertrand has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on his
allotment No. 1636 located within the Northwest portion of the Quinault
Reservation, called the Queets area. Mr. Bertrand will not log the
timber himself, as he owns no logging equipment. He does plan to sell
the timber to Mr. Joseph Karnas, who has a small sawmill located about
1/2 miles from the allotment. Mr. Karnas will do the actual logging,
and is interested primarily in cedar of below average quality, i.e. the
lower grades of cedar logs.
Description of Area and Stand:
The allotment is described as follows:
NW1/4SE1/4 Section 21 and NE1/4NE1/4 Section 22, Township 23 North,
Range 13 West, W.M., Washington, containing 80 acres.
All of the allotment is timbered. It is located approximately 69
miles north of Hoquiam, Washington, and about 1/2 mile north of the
mouth of Raft River. One forty-acre tract is within 1/4 mile of the
Pacific Coast, the other tract approximately 1 mile to the east. The
topography is relatively level, presenting an easy logging show. The
timber is mature and over-mature western redcedar, western hemlock and
Sitka spruce, with cedar comprising approximately 76 percent of the
total volume, hemlock 21 percent and spruce 3 percent. With the
exception of spruce, the timber is small and of the marginal type, with
overall volumes per acre of about 20 MBM. Accessibility is good, the
NW1/4SE1/4 Section 21 being transversed by the Cape Elisabeth gravel
road, and a logging spur road from the Cape Elisabeth road crossing fee
patent lands to the boundary of the tract in the NE1/4SE1/4 Section 22.
A 10% cruise was made on 600616, by members of our Forestry staff, using
1/10 acre circular plots. All trees 12" D.B.H., and having a minimum
top diameter of eight inches, were tallied and graded.
The volumes and log grades by species are:
Table not keyed, see original
It should be noted that our cruise included only trees 12 inches
D.B.H. and larger. However, there are trees below this diameter that
could be utilized for pulpwood or cordwood. In the interest of
utilization and income to the allotment owner, these trees should be
taken out. Thus, on the permit under Section 3, we have eliminated all
mention of a diameter limit so that the permittee may utilize this
material consistent with existing markets for their products.
Current Market Conditions:
The current cedar market on Grays Harbor is very depressed. There is
a substantial volume of cedar in rafts in water storage. None of the
mills are contracting for any appreciable amount of cedar. A limited
number of small sales of cedar logs are being negotiated for prices
considerably below prices paid for cedar during the 1st Quarter of
600000. The cedar in the Queets No. 1 Logging Unit, which was sold by
oral auction bidding on 600607, went for the minimum $12.60 per MBM. No
one was willing to raise this minimum due to the depressed cedar market.
The cedar in the Queets No. 1 Logging Unit is similar to the cedar on
the subject tract in all respects except transportation, and was sold
under comparable market conditions. The truck haul on the subject
timber is about four miles further.
The market for hemlock and spruce remains relatively firm, with
prices for all log grades nearly the same as paid earlier this year.
The allotment owner appears to be a self-sustaining individual, and it
is believed he is fully capable of negotiating with industry for his
timber.
Appraisal of Stumpage Values:
The appraisal of timber is based on 2nd Quarter log market prices of
logs delivered to tidewater in the Hoquiam-Aberdeen area on Grays
Harbor. Also, this area offers complete manufacturing facilities on a
railhead. This was considered in the appraisal of stumpage, since the
permittee is contemplating selling the timber to a sawmill in the
vicinity of his allotment, and no doubt will realize a higher value for
stumpage. However, the mill is not fully integrated, and the rough
boards or lumber will have to be trucked to plants on Grays Harbor for
remanufacturing into finished products.
LOG VALUES
Table not keyed, see original
#Log prices from: 2nd Qtr. PNLA Log Prices and prices quoted by
Grays Harbor Plants, 600701. The higher log prices has been used in all
instances.
LOGGING COSTS
Table not keyed, see original
TOTAL LOGGING AND TRANSPORTATION:
Western hemlock $30.98
Western redcedar $32.39
Sitka apruce $31.69
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of the Washington State
Formula (see R6-TM179, dated 550418).
Scaling defect: 13% 24% 19%
Cont. profit: 8% 10% 8%
Notes:
1. Direct logging and overhead cost estimates are average of costs
obtained from five operators in Grays Harbor County. (Copies at Area
and Agency Offices.)
2. Truck hauling rates computed according to Public Service
Commission, Tariff No. 4-A, Correction No. 197, issued 600510, by Public
Services Commission for the State of Washington, Olympic, Washington
3. Road Maintenance computed using recommended Forest Service figure
of .10 per M/Mile.
Determination of Stumpage Values:
The stumpage value is computed by use of the following formula:
S = V/1.OP - C
In which S = Stumpage value
V = Net log price
.OP = Percentage for profit and risk
C = Total logging costs
A. Western redcedar: S = $48.85/1.10 - $32.39
S = $44.41 - $32.39
S = $12.02
B. Western hemlock: S = $46.60/1.08 - $30.98
S = $43.15 - $30.98
S = $12.17
C. Sitka spruce: S = $61.28/1.08 - $31.69
S = $56.74 - $31.69
S = $25.05
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for reasonable profit.
Such factors as market condition, type of timber and the demand for
various species have been considered in arriving at the margin for
profit and risk.
Indicated Stumpage Rates: (rounded to nearest five cents)
Western redcedar $12.00
Western hemlock $12.15
Sitka spruce $25.05
APPRAISAL SUMMARY
James Bertrand TIMBER SALE UNIT, Quinault RESERVATION
Table not keyed, see original
Recommendations:
It is recommended that the above values be accepted as the appraised
stumpage rates for the species of timber on this allotment.
Date: 600714
Sgd. Don W. Clark Don W. Clark, Asst. Forest Mgr.
Date:
CONCUR: Sgd. John W. Libby John W. Libby, Forest Manager
Date: 600715
APPROVED: (Sgd) W. J. DeCelle ACTING Superintendent
HEL-012-1339-1351
HEL-012-1326-1351
RINGEY, C W W WASH AGENCY
620709
CORRESPONDENCE
FELSHAW, G M W WASH INDIAN AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
Table not keyed, see original
566
(ILLEGIBLE)
B. Bissett
Please file and do not return to 330.
Forestry
Forestry 339.5 Queets No. I Quinault
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
620709
Womer Brothers Logging Company P. O. Box 279-A Amanda Park,
Washington
Gentlemen:
Enclosed are Certificates of Completion and Report of Timber Cut
covering your operations in the Queets No. I Unit, Quinault Reservation.
Your operations have been completed in accordance with the terms of the
contract and you are hereby relieved of any liability under the contract
arising subsequent to 620703. Your unobligated balance of $2,221.33 is
being refunded.
Sincerely yours, (Sgd.) George M. Felshaw Superintendent
Enclosure
Copy to: St. Paul Fire and Marine Ins. Co. Portland Area Office (2)
Hoquiam Subagency w/ROTC, CCs
HEL-012-0352-1355
HEL-012-1354-1366
WOMER BROTHERS LOGGI
620703
CORRESPONDENCE
SKARRA, P E US DOI BIA PORTLAND
RECEIVED
620716 Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
620703
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
We have compared the Certificates of Completion of Timber Contract
No. 14-20-0510-232, issued in favor of the Womer Brothers Logging
Company, covering the removal of timber from the Queets No. 1 Logging
Unit, with the Reports of Timber Cut and the contract and find them to
be in agreement.
You are hereby authorized to notify the Womer Brothers Logging
Company, purchaser, and the St. Paul Fire and Marine Insurance Company,
surety on the bond, that they are relieved of any liability under the
contract arising subsequent to the date of this letter. You are also
authorized to refund to the Womer Brothers Logging Company any
unobligated balance now being held in special deposits in connection
with this timber sale contract.
We have retained two copies of each of the certificates and are
returning the originals for you GAO file.
Please send us two copies of your letters to the purchaser and surety
closing the sale. We shall forward one copy of each to the Central
Office.
Sincerely yours,
(ILLEGIBLE) Assistant Area Director
Enclosures
cc: Commissioner, Attn. Branch of Forestry
RECEIVED 620716
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 620628
Indian Office file No. 14-20-0510-232
Queets No. I Logging unit
Contract approved 600802 Expires 620712
Land status Tribal
Description Lots 10, 17 & 18, Sec. 4, T. 23N., R. 13W., W.M.
Name of allottee Quinault Tribal
Western Washington Agency
Quinault Reservation
Womer Brothers Logging Contractor
Table not keyed, see original
CONTRACTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described land has been removed and I hereby surrender all rights
under the above contract and request to be released from further
obligations under said contract.
WOMER BROTHERS LOGGING COMPANY
by Jarva Womer
Dated 620626
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
find that all the timber covered by the above contract has been removed,
and recommend that the authorized contractor be released from further
obligation under said contract.
John W. Palmer John W. Palmer, Forester
Dated 620626
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
timber cut and funds accured from the sale of timber on the land and
under the contract above designated.
(Sgd) W. J. DeCelle ACTING Superintendent
Dated 620628
DISPOSITION OF MONEYS
QUINAULT TRIBAL ACCT $47,620.42
U. S. TREASURY (fees) $5,291.15
I certify that the operations of Womer Brothers Logging Company,
contractor on Contract No. 14-20-0510-232 on the Quinault Tribal
Property have been satisfactorily completed in accordance with the terms
of the contract.
John W. Palmer John W. Palmer, Forester
I certify that the volume of logs purchased and disposition of money
collected as shown above have been correctly abstracted from the books
of account at this office.
(ILLEGIBLE) M. Patience Isom, Forestry Clerk
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
490200
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 620628
Indian Office file No. 14-20-0510-232 (4)
Queets No. I Logging unit
Contract approved 600802 Expires 620712
Land status: Allotted
Description Lot 15, Sec. 4, T. 23N, R. 13w., W.M.
Allotment No. 1884 Name of allottee Theodore Hudson, Jr.
Western Washington Agency
Quinault Reservation
Womer Brothers Logging Co. Contractor
Table not keyed, see original
CONTRACTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described land has been removed and I hereby surrender all rights
under the above contract and request to be released from further
obligations under said contract.
WOMER BROTHERS LOGGING COMPANY
by: James Womer
Dated 620626
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
find that all the timber covered by the above contract has been removed,
and recommend that the authorized contractor be released from further
obligation under said contract.
John W. Palmer John W. Palmer, Forester
Dated 620626
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
timber cut and funds accrued from the sale of timber on the land and
under the contract above designated.
(Sgd) W. J. DeCelle ACTING Superintendent
Dated 620628
DISPOSITION OF MONEYS
IIM $13,600.72
U. S. TREASURY (fees) $1,511.19
I certify that the operations of Womer Brothers Logging Company,
contractor on Contract No. 14-20-0510-232 (4) on the Theodore Hudson,
Jr. Allotment No. 1884, Quinault Indian Reservation, have been
satisfactorily completed in accordance with the terms of the contract.
John W. Palmer John W. Palmer, Forester
I certify that the volume and value of logs purchased and disposition
of money collected as shown above have been correctly abstracted from
the books of account at this office.
(ILLEGIBLE) M. Patience Isom, Forestr Clerk
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 620628
Indian Office file No. 14-20-0510-232 (3)
Queets No. I Logging unit
Contract approved 600802 Expires 620712
Land status: Allotted
Description Lot 4, Section 3, T. 23N., R. 13N., W.M.
Allotment No. 392 Name of allottee Sam Som
Western Washington Agency
Quinault Reservation
Womer Brothers Logging Co. Contractor
Table not keyed, see original
CONTRACTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described land has been removed and I hereby surrender all rights
under the above contract and request to be released from further
obligations under said contract.
WOMER BROTHERS LOGGING COMPANY
by: James Womer
Dated 620626
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
find that all the timber covered by the above contract has been removed,
and recommend that the authorized contractor be released from further
obligation under said contract.
John W. Palmer John W. Palmer, Forester
Dated 620626
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
timber cut and funds accrued from the sale of timber on the land and
under the contract above designated.
(Sgd) W. J. DeCelle ACTING Superintendent
Dated 620628
DISPOSITION OF MONEYS
IIN $1,899.36
U. S. TREASURY (fees) $211.04
I cerfity that the operations of Womer Brothers Logging Company,
contractor on contract No. 14-20-0510-232 (3) on the Sam Sam Allotment
No. 392, Quinault Indian Reservation, have been satisfactorily completed
in accordance with the terms of the contract.
John W. Palmer John W. Palmer, Forester
I certify that the volume and value of logs purchased and disposition
of money collected as shown above have been correctly abstracted from
the books of account at this office.
(ILLEGIBLE) M. Patience Isom, Forestry Clerk
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 620628
Indian Office file No. 14-20-0510-232 (1)
Queets No. I Logging unit
Contract approved 600802 Expires 620712
Land status: Allotted
Description Lot 16, Sec. 4, T. 23N., R. 13W., W.M.
Allotment No. 2071 Name of allottee Phyllis Penn
Western Washington Agency
Quinault Reservation
Womer Brothers Logging Company Contractor
Table not keyed, see original
CONTRACTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described land has been removed and I hereby surrender all rights
under the above contract and request to be released from further
obligations under said contract.
WOMER BROTHERS LOGGING COMPANY
by: James Womer
Dated 620626
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
find that all the timber covered by the above contract has been removed,
and recommend that the authorized contractor be released from further
obligation under said contract.
John W. Palmer John W. Palmer, Forester
Dated 620626
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
timber cut and funds accurred from the sale of timber on the land and
under the contract above designated.
(Sgd) W. J. DeCelle ACTING Superintendent
Dated 620628
DISTRIBUTION OF MONEYS
IIM $19,306.18
U. S. TREASURY (fees) $2,145.14
I certify that the operations of Womer Brothers Logging Company,
contractor on Contract No. 14-20-0510-232 (1) on the Phyllis Penn
Allotment No. 2071, Quinault Indian Reservation, have been
satisfactorily completed in accordance with the terms of the contract.
John W. Palmer John W. Palmer, Forester
I certify that the volume and value of logs purchased and disposition
of money collected as shown above have been correctly abstracted from
the books of account at this office.
(ILLEGIBLE) M. Patience Isom, Forestry Clerk
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 620628
Indian Office file No. 14-20-0510-232 (2)
Queets No. I Logging unit
Contract approved 600802 Expires 620712
Land status: Allotted
Description Lots 1 & 9, Sec. 4, T. 23N., R. 13W., W.M.
Allotment No. 330
Name of allottee Sally Jones #330
Western Washington Agency
Quinault Reservation
Womer Brothers Logging Co. Contractor
Table not keyed, see original
CONTRACTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described land has been removed and I hereby surrender all rights
under the above contract and request to be released from further
obligations under said contract
WOMER BROTHERS LOGGING COMPANY
by: James Womer
Dated 620626
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
find that all the timber covered by the above contract has been removed,
and recommend that the authorized contractor be released from further
obligation under said contract.
John W. Palmer John W. Palmer, Forester
Dated 620626
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
timber cut and funds accrued from the sale of timber on the land and
under the contract above designated.
(Sgd) W. J. DeCelle ACTING Superitendent
Dated 620628
DISPOSITION OF MONEYS
IIM $35,649.03
U. S. TREASURY (fees) $3,961.01
I certify that the operations of Womer Brothers Logging Company,
contractor on Contract No. 14-20-0510-232 (2) on the Sally Jones
Allotment No. 330, Quinault Indian Reservation, have been satisfactorily
completed in accordance with the terms of the contract.
John W. Palmer John W. Palmer, Forester
I certify that the volume and value of logs purchased and disposition
of money collected as shown above have been correctly abstracted from
the books of account at this office.
Sgd. M. Patience Isom M. Patience Isom, Forestry Clerk
HEL-012-1356-1366
HEL-012-1354-1366
FELSHAW, G M W WASH AGENCY
601214
CORRESPONDENCE
SAYERS, J E US DOI BIA PORTLAND
566
610106
B. Bassett
Please File and do not return to 330.
Forestry ach.
RECEIVED
601219
IN REPLY REFER TO:
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
601214
Commissioner, Bureau of Indian Affairs Washington 25, D. C.
Attention: Branch of Forestry
Dear Sir:
Documents related to the Queets No. 1 Logging Unit, Contract No.
14-20-0510-232, were sent to you with our letter of 600802.
In conjunction with this contract we are enclosing one copy of a
Scaling Agreement between the Womer Bros. Logging Company and the Grays
Harbor Log Scaling and Grading Bureau.
Sincerely yours, James E Gaynor Acting Area Director
Enclosure
SCALING AGREEMENT
No. 3-60
AGREEMENT made this 600926, between WOMER BROS. LOGGING COMPANY
(hereinafter called "Womer", with offices at Amanda Park, and Grays
Harbor log Scaling and Grading Bureau a non-profit corporation organized
under the laws of the State of Washington, hereinafter called the
"Scaling Bureau") with offices at Aberdeen, Washington:
WHEREAS, Womer may be party to contracts with the Superintendent of
the Western Washington Indian Agency, which contract is, are hereinafter
referred to as the "Timber Contract", and under said Timber Contract,
Womer has the right and obligation to cut and purchase certain timber
from the Quinault Indian Reservation, in the State of Washington, and,
WHEREAS, the payment for the timber cut and purchased by Womer under
the Timber Contract is based on actual log scale of the timber cut and
is to be at fixed rates per thousand fact, board measures, Scribner
Decimal C Log Scale for timber of the several species; and,
WHEREAS, Section 14 of the Timber Contract provides as follows:
14. IN LIEU OF THE SCALING PROCEDURE Stipulated in the Standard
Timber Contract Provisions, it is mutually agreed that logs cut under
this contract may be scaled by the Grays Harbor Log Scaling and Grading
Bureau hereinafter called the Scaling Bureau. Scaling by the Scaling
Bureau shall not be exclusive so as to prevent scaling by the Indian
Bureau of logs not delivered to the points of Scaling Bureau scaling.
The following general conditions shall apply to Scaling Bureau scaling:
(a) The Purchaser shall enter into an appropriate agreement with the
Scaling Bureau for the performance of all necessary scaling and
reporting services, and shall promptly submit to the Area Director
certified copies of such agreement in triplicate.
(b) The agreement shall provide for the prompt scaling of all logs
upon delivery to the points of scaling.
(c) The agreement shall provide such safeguards as the Area Director
may deem necessary to insure an accurate accounting of all logs
presented to the Scaling Bureau for scaling.
(d) The agreement shall provide for the prompt submission to the
Superintendent, or his representative, of certified copies of each and
every scale report. The scale report will show the species, volume,
grade and brand of each log scaled.
(e) The agreement shall provide that all scaling will be in
accordance with Scaling Bureau Log Scaling Rules.
(f) The Purhaser shall be responsible for the payment of all services
rendered by the Scaling Bureau under the agreement.
WHEREAS, the Scaling Bureau represents and warrants that it is
qualified and staffed with sufficient competent and qualified men to
perform the scaling and grading of logs as contemplated by this
agreement and by said timber contracts, and desires to perform the work
herein contemplated; and,
NOW THEREFORE, in consideration of the premises and of the mutual
agreements herein contained, the parties agree as follows:
1. The term of this agreement shall commence and shall continue
thereafter until terminated by either the Scaling Bureau or the Area
Director. Termination by the Scaling Bureau shall be by written notice
given by the Scaling Bureau to Womer and to the Area Director or his
authorized representative at least thirty (30) days prior to the date of
termination specified in such notice. Termination by the Area Director
may be by written notice given by the Area Director to Womer not less
than thirty (30) days prior to the effective date of termination
specified in such notice. Upon receipt of any such notice from the Area
Director, Womer shall promptly inform the Scaling Bureau in writing
thereof.
2. The Scaling Bureau agrees to scale and grade all logs produced by
or for Womer under the timber contracts which are delivered during the
term of this agreement to the points designated by Womer, and approved
by the Superintendent of the Western Washington Indian Agency, as points
of scaling, and to scale all such material promptly upon delivery of
same to the place of scaling. The Scaling Bureau shall have the right
to scale hereunder only such of said logs as are delivered to the
aforesaid points designated for Scaling Bureau scaling, it being
understood that the scaling by the Scaling Bureau shall not be exclusive
so as to prevent scaling, in the manner stipulated in the
Standard/Timber Contract Provisions, of material that is not delivered
to the points of scaling. Points of scaling may be changed and added to
from time to time by Womer, approved by the Superintendent of the
Western Washington Indian Agency, and by written notice to the Scaling
Bureau by Womer. Customary methods employed by the Scaling Bureau for
indicating completion of the scaling will be accepted in lieu the
numbering and stamping of logs stipulated in Section 7(c) of the
Standard Timber Contract Provisions.
3. All logs to be scaled by the Scaling Bureau hereunder shall be
branded by Womer, or its contractors, at or prior to the time of
delivery of said logs to the points of scaling, with distinctive
registered log brands not used on logs produced from any other areas.
Womer shall furnish the Scaling Bureau with a list of all such brands.
In case logs having no brands are intermingled with logs bearing said
brands and are delivered to the designated points of scaling for scaling
by the Scaling Bureau hereunder, the Scaling Bureau shall scale the
same, but shall make a record of the pieces, grades, and volumes, by
species, of said logs bearing no brands.
4. (a) The Scaling Bureau shall prepare, certify and transmit
promptly to the Superintendent a copy of each and every scale report
relating to all logs regardless of source, scaled by the Scaling Bureau
at the designated points of scaling, showing the species, volume, grade
and brand of each log scaled, and the number of pieces, and the Scaling
Bureau shall perform such additional acts and prepare such additional
instruments as the Area Director, or his authorized representative, may
deem necessary as safeguards to insure an accurate account to the
Superintendent of the Western Washington Indian Agency, of all logs that
are presented to the Scaling Bureau for scaling,
(b) The Scaling Bureau shall deliver two (2) copies to Womer and one
(1) copy to the Superintendent of the Western Washington Ind. Agency,
promptly after the same are prepared of all scale reports and other
reports and documents required by this paragraph 4, to be prepared by
the Scaling Bureau.
(c) The Scaling Bureau shall retain in a safe place for at least
three (3) years all original talley sheets and tally books and all scale
records relating to logs scaled hereunder.
5. The Scaling Bureaus rules respecting scaling and grading and
merchantability shall apply and be employed in the scaling, grading and
determination of merchantability of logs presented to the Scaling Bureau
for scaling hereunder.
6. The price for which the Scaling Bureau agrees to perform this
agreement and which Womer agrees to pay therefor shall be the Scaling
Bureau's established rates for scaling and grading of logs in effect at
the time such work is performed, plus such additional reimbursement for
reasonable travel expenses, if any, for the Scaling Bureau's men
performing work hereunder as Womer and the Scaling Bureau shall have
first agreed to in writing; provided, that no such travel expenses
shall be payable except in instances and circumstances for which such
payments are common and accepted practice in the industry. Payments
shall be guaranteed by Womer in accordance with it's established
practice.
7. All of the Scaling Bureau's books, records and memoranda
pertaining to this agreement and the work performed hereunder shall at
all reasonable times be available for inspection and duplication by
authorized representatives of the Superintendent of the Western
Washington Indian Agency and by representatives of Womer.
8. Womer and a representative of the Superintendent of the Western
Washington Indian Agency shall each have the right at any and all times
to make check scales of all logs scaled by the Scaling Bureau hereunder,
and the Scaling Bureau shall cooperate with the parties to that end.
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed by their duly authorized officers the day and year first above
written.
WOMER BROS. LOGGING COMPANY (Purchaser)
By: James Womer James Womer Partner (Title)
GRAYS HARBOR LOG SCALING AND GRADING BUREAU
By: Mack L Smith Manager
We hereby certify that Scaling Agreement No. 3-60 made on 600926
between Womer Bros. Logging Company and the Grays Harbor Log Scaling and
Grading Bureau for scaling services on the Quinault Indian Reservation
is in full force and effect and logs will be scaled under this agreement
for contract(s) 14-20-510-232: -232(1),(2),(3) and (4).
WOMER BROS. LOGGING COMPANY
Date: 600927
James Womer, Partner
Date: 600927
Mack L. Smith Grays Bros. Log Scaling and Grading Bureau.
It is actually agreed that by special request by either of the
parties to the above contracts, that all logs of lesser dimension and
merchantability than stated in the Official Log Scaling and Grading
Rules, that are presented for scaling, will be scaled for their
merchantable content, provided the length is not less than eight (8)
feet.
HEL-012-1367-1374
HEL-012-1367-1374
COM BIA BR OF FORESTRY
601229
CORRESPONDENCE
BERGESON, R C
566
610105
B Bassett
Please File and do not return to 330.
Forestry ach
RECEIVED
610103
Forestry 339.5
601229
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
With your letter of 001128 you enclosed copies of a request from
Womer Bros. Logging Company for relief from the minimum outting
requirements for the Queets No. 1 Logging Unit contract No.
14-20-510-232.
A memorandum dated 601125, from Don W. Clark indicates that market
conditions are so poor on Grays Harbor that the company is unable to
dispose of its logs except on a day-to-day basis.
Ordinarily relief is not granted until after the period in question
has passed and consideration is based on the purchaser's effort to log
the minimum required under these circumstances existing during the year.
In this case we are convinced that the purchaser has made an effort to
log the minimum.
The Business Committee of the Quinault Tribal Council passed a
resolution on 601205, recommending that the relief be granted. Under
authority of Section 6(a)(1) of the Standard Timber contract provisions
we are approving the contractor's request for relief from the minimum
cutting requirements.
Sincerely yours,
(Sgd)R. C. Bergeson Acting Area Director
cc: Central Office, Br. of Forestry Hoquiam Substation
HEL-012-1375-1376
HEL-012-1375-1376
RINGEY, C W W WASH AGENCY
600808
CORRESPONDENCE
HANNA, D WOMER BROS LOGGING
566
600906
B. Bassett
Please file and do not return to 330.
Forestry ach
WOMER BROS. LOGGING COMPANY P.O. Box 279-A Amanda Park, Washington
600808
Mr. C. W. Ringey, Superintendent Western Washington Indian Agency
Hoquiam Sub-Agency Hoquiam, Washington
Dear Mr. Ringey:
This is to certify that the date of the original Partnership
Agreement used with the Queets No. 1 Logging Unit Contract is 500407.
The addresses of the two witnesses to the purchaser's signatures on the
subject contract are as follows: Del Hanna, Amanda Park, Washington;
and Dean Fields, Neilton, Washington.
Sincerely yours,
Del Hanna, Accountant Womer Bros. Logging Co.
HEL-012-1377-1378
HEL-012-1377-1378
RINGEY, C W W WASH INDIAN AGENCY
600815
CORRESPONDENCE
PAO BR OF FORESTRY
566
600823
B. Bassett
Please file and do not return to 330
Forestry
ach.
RECEIVED
600819
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels
Regular Mail
For Action
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Forestry Branch Portland Area Office
DATE: 600815
SUBJECT Allotment contracts under master contract No. 14-20-0510-232
Queets No. 1 Logging Unit.
This completes the contract file as of this date.
RECEIVED
600819
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Contract No. 14-20-0510-232(1)
Allotment No. 2071
SUBSIDIARY ALLOTMENT TIMBER CONTRACT SALE OF ESTIMATED VOLUMES
Queets No. 1 Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section 8
of the Act of 100625 (25 U.S.C. 406), the regulations contained in 25
CFR 141 and the terms and conditions of Timber Contract No.
14-20-0510-232, hereinafter called the Master Contract, covering the
logging unit within which this allotment is located.
2. Parties to the Contract. The parties to this contract are the
heirs of Phyllis Penn Superintendent of the Western Washington Indian
Agency under the authority of the attached power of attorney and Womer
Bros, Logging Company Amanda Park, Washington, hereinafter called the
Purchaser.
3. Superintendent. The Superintendent of the Western Washington
Indian Agency, or his authorized representative, is hereinafter called
the Superintendent.
4. Timber Sold. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to buy, in accordance with the terms and conditions of
this contract, all the merchantable timber, living or dead, designated
for cutting by the Bureau of Indian Affairs within the boundaries of
this allotment. The estimated volumes of timber to be cut and the
stumpage rates to be paid, subject to any stumpage adjustment provisions
of the Master Contract, are:
Table not keyed see original
The foregoing is an estimate only and shall not be construed as a
guarantee or a limitation of the volume to be designated for cutting.
The actual volume of timber designated for cutting in accordance with
the terms of this contract and the Bureau's approved procedures shall be
controlling, regardless of whether it is more or less than the above
estimate.
In addition to the timber specified above, this sale also includes
any other timber on this allotment which must be cut or removed in
clearing for roads, landings, camps and other improvements constructed
by the Purchaser and all other timber seriously damaged in logging
operations under this contract if, in the opinion of the Master Contract
Approving Officer, the timber is merchantable for any product in
accordance with customary standards and is present in sufficient
quantities to permit economic removal to existing markets.
5. Expiration Date. Unless this contract is extended by an
extension of the Master Contract, the Purchaser shall cut and pay for
all designated timber, and shall complete all other obligations on or
before the contract expiration date of 620712.
6. Allotment Description. This allotment is described as Lot 16,
Section 4, Township 23 North, Range 13 West comprising lands allotted to
Phyllis Penn under the provisions of the Act of 870208 (24 Stat. 388).
The allotment contains approximately 40 acres of which approximately 40
acres are to be logged.
7. Terms and Conditions. All of the terms and conditions of the
Master Contract are incorporated herein by reference insofar as they are
applicable to the sale of allotment timber. Any changes in the stumpage
rates and any modifications, extensions of time or other changes in the
terms and conditions of the Master Contract are hereby made a part of
this contract insofar as they are applicable.
8. Special Provisions.
9. Effective Date. This contract shall become effective on the date
of approval. Signed and Sealed in sextuplet as of 600615
PURCHASER
Witnesses:
Del Hanna Amanda Park, Washington
Dean Fields Neilton, Washington
WOMER BROS. LOGGING COMPANY
Name of corporation, partnership or individual
By James Womer
James Womer, Partner
APPROVAL
Signed as authorized representative of Seller and Approved:
Name (Sgd) C.W.R
Title Superintendent
600810
If Purchaser is a corporation, the following certificate must be
executed:
I certify that I am the Secretary of the corporation named as the
Purchaser herein; that who signed this contract was then of said
corporation; that said contract was duly signed for and in behalf of
said corporation by authority of its governing body, and is within the
scope of its corporate powers.
(2) If allottee has not executed a power of attorney, he signs here
and the wording in italic at (2) is deleted.
(2) If allottee has authorized the Superintendent to act for him, no
deletion is necessary and signature space at (1) is left blank.
FORM 5-610
590701
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISIONS
Table not keyed, see original
RECEIVED 600819
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Contract No. 14-20-0510-232(2)
Allotment No. 330
SUBSIDIARY ALLOTMENT TIMBER CONTRACT SALE OF ESTIMATED VOLUMES
Queets No. 1 Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406), the regulations contained in 25
CFR 141 and the terms and conditions of Timber Contract No.
14-20-0510-232, hereinafter called the Master Contract, covering the
logging unit within which this allotment is located.
2. Parties to the Contract. The parties to this contract are the
heirs of Sally Jones hereinafter called the Seller, as represented by
the Superintendent, Western Washington Indian Agency under the authority
of the attached power of attorney and Womer Bros. Logging Company Amanda
Park, Washington, hereinafter called the Purchaser.
3. Superintendent. The Superintendent of the Western Washington
Indian Agency, or his authorized representative, is hereinafter called
the Superintendent.
4. Timber Sold. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to buy, in accordance with the terms and conditions of
this contract, all the merchantable timber, living or dead, designated
for cutting by the Bureau of Indian Affairs within the boundaries of
this allotment. The estimated volumes of timber to be cut and the
stumpage rates to be paid subject to any stumpage adjustment provisions
of the Master Contract, are:
Table not keyed, see original
The foregoing is an estimate only and shall not be construed as a
guarantee or a limitation of the volume to be designated for cutting.
The actual volume of timber designated for cutting in accordance with
the terms of this contract and the Bureau's approved procedures shall be
controlling, regardless of whether it is more or less than the above
estimate.
In addition to the timber specified above, this sale also includes
any other timber on this allotment which must be cut or removed in
clearing for roads, landings, camps and other improvements constructed
by the Purchaser and all other timber seriously damaged in logging
operations under this contract if, in the opinion of the Master Contract
Approving Officer, the timber is merchantable for any product in
accordance with customary standards and is present in sufficient
quantities to permit economic removal to existing markets.
5. Expiration Date. Unless this contract is extended by an
extension of the Master Contract, the Purchaser shall cut and pay for
all designated timber, and shall complete all other obligations on or
before the contract expiration date of 620712.
6. Allotment Description. This allotment is described as Lots 1&9,
Section 4, Township 23 North, Range 13 West, Willamette Meridian,
Washington comprising lands allotted to Sally Jones under the provisions
of the Act of 870208 (24 Stat. 388). The allotment contains
approximately 73 acres of which approximately 73 acres are to be logged.
7. Terms and Conditions. All of the terms and conditions of the
Master Contract are incorporated herein by reference insofar as they are
applicable to the sale of allotment timber. Any changes in the stumpage
rates and any modifications, extensions of time or other changes in the
terms and conditions of the Master Contract are hereby made a part of
this contract insofar as they are applicable.
8. Special Provisions.
9. Effective Date. This contract shall become effective on the date
of approval. Signed and Sealed in sextuplet as of 600615
PURCHASER Witnesses: Del Hanna Amanda Park, Washington Dean Field
Nielton, Washington
WOMER BROS. LOGGING COMPANY Name of Corporation, partnership or
individual
By James Womer James Womer, Partner
APPROVAL
Signed as authorized representative of Seller and Approved:
Name (sgd) C. W. Ringey, Title Superintendent 600810
If Purchaser is a corporation, the following certificate must be
executed:
I, certify that I am the Secretary of the corporation named as the
Purchaser herein; that who signed this contract was then of said
corporation; that said contract was duly signed for and in behalf of
said corporation by authority of its governing body, and is within the
scope of its corporate powers.
'If allottee has not executed a power of attorney, he signs here and
the wording in italic at' is deleted.
'If allottee has authorized the Superintendent to act for him, no
deletion is necessary and signature space at' is left blank.
FORM 5-610
590700
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISIONS
Table not keyed see original.
The following Standard Timber Contract Provisions are hereby
prescribed for use in contracts for the sale of timber from Indian lands
except as otherwise provided by the Secretary of the Interior or his
authorized representative in particular sales.
1. Definitions. As used in these provisions and in the contract to
which they are attached:
1(a) "Approving Officer" means the officer approving the contract or
his authorized representative.
1(b) "Commissioner" means the Commissioner of Indian Affairs or his
authorized representative.
1(c) "Area Director" means the Area Director of the Bureau of Indian
Affairs Area within which the sale area is located, or his authorized
representative.
1(d) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the sale area, or
his authorized representative.
1(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the sale area.
1(f) "Seller" means the Indian tribe or the individual owner or
owners of the timber sold under the contract.
1(g) "Purchaser" means the purchaser of timber under the contract and
his successors in interest.
2. General Conditions.
2(a) Title and Risk of Loss. Title to the timber covered by the
contract shall not pass to the Purchaser until It has been paid for and
cut, except that in single payment sales based on tree measurement or
other estimate of total volume obtained prior to the sale, the title to
timber shall pass to the Purchaser when the sale contract has been
approved by the Approving Officer and the timber has been paid for.
Passage of title to the Purchaser shall not affect the Bureau of Indian
Affairs' right to control the movement of timber until the volume has
been determined. In the event any timber covered by the contract is
destroyed or damaged by fire, wind, flood, insects, diseases or other
cause to the extent that it is unmerchantable, the party holding title
to the timber shall bear the loss except as otherwise provided in
Section 11(e) herein with respect to Purchaser fires as defined in
Section 11(d) herein, and there shall be no obligation on the part of
the Purchaser to accept and pay for, other timber in lieu of that
destroyed or damaged. If timber or products which have been paid for
under this contract are not removed from the sale area on or before the
expiration date of the contract, title shall revert to the Seller.
Nothing in this paragraph shall be construed to relieve either party of
liability for negligence.
2(b) Interpretation of Contract. The decision of the Approving
Officer shall prevail in the interpretation of the contract, subject to
the right of appeal prescribed in Section 2(j) herein.
2(c) Modification. The conditions of sale as set forth in the
contract may be modified only through an agreement in writing between
the Seller and the Purchaser. No modification shall become effective
until approved by the Approving Officer. When a surety bond has been
furnished by the Purchaser, he must, prior to approval of the
modification, either obtain a commitment from the surety to continue the
bond under the modification or furnish a new bond.
2(d) Assignment of Interest. The assignment by the Purchaser of any
or all of his interest under the contract shall not affect any of the
obligations of the parties or the Secretary under the contract until the
assignment has been approved by the Approving Officer after consultation
with the Seller. The party to whom an interest is assigned must provide
a bond as specified in the contract or obtain a commitment from the
previous surety to be bound by the assignment when approved. The
approval of an assignment by the Approving Officer shall not operate to
change the provisions of the contract. Unless otherwise provided for
therein, an assignment shall not relieve the assignor of any of the
responsibilities and liabilities under the contract.
2(e) Extension of time. An extension of time for the performance of
the contract may be granted to the Purchaser by the Approving Officer,
for reasons satisfactory to the Approving Officer, after consultation
with the Seller. Extensions of time shall be subject to such conditions
as the Approving Officer may impose. When a surety bond has been
furnished by the Purchaser, he must prior to any such extension, either
obtain a commitment from the surety to continue the bond during the
extension or he must furnish a new bond. Requests for extension of time
may be considered only if submitted in writing by the Purchaser to the
Superintendent prior to the expiration date of the contract.
2(f) Suspension of Operations. The Superintendent may, after written
notice to the Purchaser, suspend any or all of the Purchaser's
operations under the contract if the Purchaser violates any of the
requirements of the contract. Such suspension of operations may be
continued by the Superintendent until there is satisfactory compliance.
After written notice from the Approving Officer, continued failure to
comply with any of the requirements of the contract shall be grounds for
the revocation by the Approving Officer of all rights of the Purchaser
under the contract and the Purchaser shall be liable for all damages
resulting from his breach of contract as described in the following
section.
2(g) Failure To Complete Contract. In the event of failure to
complete all obligations assumed under the contract, the Purchaser shall
be liable for the depreciation in the value of the remaining timber and
for any costs or expenses incurred by or caused to the Seller or the
Government as a result of such failure, in an amount to be determined by
the Approving Officer.
2(h) Termination of Contract. The contract may be terminated at any
time by written agreement between the Seller and the Purchaser.
Termination agreements shall not become effective until approved by the
Approving Officer.
2(i) Disputes. Either of the parties to the contract may submit
complaints of any action or decision under the contract by the
Superintendent or the Officer in Charge in accordance with the following
procedure. Complaints shall be made in writing to the Superintendent.
If the Superintendent is not the Approving Officer of the contract and
the dispute is not resolved to the satisfaction of the parties, a
written complaint may then be submitted to the Area Director. If the
Area Director is not the Approving Officer and his decision is not
satisfactory to the parties, a complaint may be submitted in writing to
the Commissioner. Complaints shall be made within 30 days of the action
or decision in dispute unless the party making the complaint furnishes
reasons satisfactory to the officer receiving the complaint for granting
a longer period of time, in which case the officer may extend the period
for such length of time as he deems reasonable. Decisions of the
Approving Officer may be appealed to the Secretary in accordance with
the provisions of the following section.
2(j) Appeals. The parties to this contract may appeal, in accordance
with such rules and regulations as the Secretary of the Interior may
from time to time prescribe, any action or decision taken by the
Approving Officer or his superior officers. The decision of the
Secretary shall be final subject to lawful judicial remedies.
2(k) Bureau of Indian Affairs Representative.-Notices, requests or
other action where formal written notice is required herein, or is
appropriate, shall be accepted for the Bureau of Indian Affairs by the
Superintendent.
3. Timber To Be Reserved. No timber may be cut except that which is
designated by the Officer in Charge. A strip of timber on each side of
streams, roads and trails, along lake shores, in the vicinity of camping
places and recreational or ceremonial grounds, and timber in immature
stands or other areas which should not be disturbed because of
silvicultural, watershed protection or other reasons, may be reserved in
which little or no cutting shall be allowed.
4. Payments and Deposits.
4(a) Method of Payment. The Purchaser shall pay for the timber
covered by the contract in advance of cutting, as a single payment or
installment payments in sales of predetermined volumes or in the form of
advance payments or advance deposits in sales of estimated volumes.
Payment shall be by certified check, cashier's check, bank draft or
postal money order, drawn payable to the Bureau of Indian Affairs, or in
cash. All payments shall be transmitted to the Superintendent.
4(b) Advance Payments on Allotment Timber. Advance payments are
partial payments of the estimated value of timber to be cut on each
allotment and are required in all sales of allotment timber unless the
full purchase price is paid before the contract is approved. Advance
payments may be paid to the allotment owner as soon as received and are
not refundable. Such payments shall be credited against the allotment
timber as it is cut and scaled, at the stumpage rates in effect at the
time of scaling. The Purchaser shall pay 15 percent of the estimated
value of the timber to be cut, computed at the bid rates, within 30 days
from the date of approval of each allotment contract and before cutting
begins. The Purchaser shall make additional advance payments of 15
percent of the estimated value within three years and 20 percent within
six years, if the contract extends beyond those periods. Advance
deposits previously applied against timber cut on the allotment shall be
included in computing the payments. The Approving Officer may, in his
discretion, reduce the original estimate of the volume of timber to be
cut on any allotment because of error of estimate, losses from fire or
other causes, or for similar reasons, but not because of depletion from
cutting. If the advance payments on any allotment exceed the total
value of the timber cut on that allotment by the Purchaser, the amount
of the advance payments shall be declared to be the value of the timber
so cut.
4(c) Advance Deposits. Advance deposits are used in sales of
estimated volumes to maintain an operating balance against which the
value of the timber to be cut from either tribal or allotted lands will
be charged. The unobligated balance of advance deposits may be refunded
pursuant to Section 4(c)(3) herein. The Purchaser shall make advance
deposits in such amounts and at such times as called for by the
Superintendent. The amount of any advance deposit shall not be less
than the minimum amount specified in the contract, except as provided in
Section 4(c)(2) herein. The Purchaser shall not be required to provide
an advance deposit balance at any time of more than three times the
amount of the minimum advance deposit specified in the contract. The
estimated value of timber cut but not yet scaled shall be deducted from
the advance deposits then in the hands of the Superintendent in
computing the advance deposit balance. Advance deposits shall be
applied to timber cut from tribal lands and shall be applied to
allotment timber only after the advance payments on the allotment being
cut have been exhausted. Advance payments on allotment timber shall not
operate to reduce the size of the advance deposits that may be required
by the Superintendent.
(1) Suspension of Operations. If advance deposits are not received
within 15 days of written request therefor, or if at any time the
balance of advance deposits is reduced to one-third of the required
minimum advance deposit, the Superintendent may suspend all or any part
of the operations until the requested advance deposit is received.
(2) Reduction of Advance Deposits. The Superintendent may reduce the
minimum size of the last advance deposit before completion of the sale
or before periods of approximately three months or longer during which
no timber cutting is anticipated.
(3) Refund of Advance Deposits. If the balance of advance deposits
at the time cutting operations are suspended for approximately three
months or longer is in excess of one-third of the minimum advance
deposit specified in the contract, such excess may be refunded at the
request of the Purchaser and in the discretion of the Superintendent.
However, no refund shall be made if an unexcused deficiency in minimum
cutting requirements exists. Final refund of the total unobligated
balance of advance deposits shall be authorized by the Approving Officer
after all the terms of the contract have been satisfactorily completed.
5. Utilization.
5(a) Sales of Estimated Volumes. In sales in which the volume of
timber is to be determined by measurement of cut products, timber shall
be cut to utilize fully the merchantable material and to yield the
maximum stumpage value. Timber cut into lengths or products of lesser
value shall be scaled as if cut to yield the maximum value of products
covered by the contract. Stumps shall be cut as low as practicable to
avoid waste. The mean height of any stump shall not exceed one-half of
its diameter, except that where this height is considered to be
impracticable higher stumps may be authorized by the Officer in Charge.
Stumps which exceed the maximum height shall be paid for by the
Purchaser at the rates per stump specified in the contract, which
charges, in view of the difficulty of determining the actual damage to
the Seller, shall be regarded as fixed, agreed and liquidated damages.
In addition, the Officer in Charge may require the Purchaser to recut
such stumps to the maximum allowable height.
5(b) Sales of Predetermined Volumes. In sales in which the volume of
timber sold was determined prior to the sale, the Officer in Charge may
require the Purchaser to recut stumps which exceed the maximum height as
defined in Section 5(a). In these sales, the Purchaser is expected to
practice full utilization but no charge shall be made for poor
utilization of timber represented by the predetermined volumes.
6. Cutting Schedule. In sales of estimated volumes, if the actual
volume of timber designated for cutting exceeds the estimated volume
shown in the contract by such an amount that the contract limitation on
the maximum annual cut prevents the Purchaser from cutting all
designated timber prior to the date specified in the contract, the
Approving Officer, after consultation with the Purchaser and the Seller,
shall in his discretion, either increase the maximum annual cut or
extend the contract or both, subject to such conditions as he deems most
equitable to both parties.
6(a) Minimum Volume. The minimum volume required by the contract
shall be cut and paid for each year from the sale area. During the last
calendar year of the contract, the actual volume of timber designated
for cutting shall be controlling if less than the minimum volume
required.
(1) Relief From Minimum Requirements. The Approving Officer, at the
request of the Purchaser and after consultation with the Seller, may
relieve the Purchaser in whole or in part from the minimum annual
cutting and paying requirements when, in the opinion of the Approving
Officer, the Purchaser is prevented by factors beyond his control from
meeting the minimum cutting requirements or when such relief is in the
best interest of the Seller.
(2) Payment for Deficiencies. If the Purchaser falls to meet the
minimum cutting requirements and no relief is granted, the volume of
timber scaled during the following calendar year shall not be applied to
the minimum requirements for that year until the existing deficiency has
been made up. All timber scaled during each quarter annual period
beginning 000101, 000401, 000701 and 001001 in which a deficiency exists
shall be paid for at the stumpage rates in effect on December 31 of the
year in which the deficiency occurred or at the rates in effect at the
time of scaling, whichever are the higher.
6(b) Maximum Volume. The volume of timber cut on the sale area
during any calendar year, not including the cutting deficiencies from
any previous year or years or the volume of timber salvaged pursuant to
Section 6(c) herein, shall not exceed the maximum volume specified in
the contract without the consent of the Approving Officer after
consultation with the Seller. Logging performance in any calendar year
beyond the minimum required therefor shall not be applied against the
cutting requirements of subsequent calendar years unless authorized by
the Approving Officer after consultation with the Seller.
6(c) Salvage of Damaged Timber. As used in this section, "Damaged
timber" shall include any timber within the unit of the species and
minimum merchantability specified in the contract which is damaged but
not rendered unmerchantable by insects, disease, windthrow or non
Purchaser fires subsequent to the date the contract is approved. In
contracts for the sale of predetermined volumes in which minimum
merchantability standards are not specified, merchantability shall be
determined in accordance with customary standards. The Purchaser shall
cut and pay for damaged timber as expeditiously as possible and as the
Approving Officer may direct. If, in the opinion of the Approving
Officer, additional salvage operations are necessary to prevent losses
to the Indian owners, he may offer all or part of the damaged timber for
sale under one or more separate contracts.
7. Volume Determination. The term "scaling", as used in these
Provisions, may include scaling by log rule, measuring, counting,
weighing, tree measurement before felling or any other reasonable method
prescribed by the Approving Officer.
7(a) Bureau of Indian Affairs To Scale. All timber covered by the
contract shall be scaled by authorized employees of the Bureau of Indian
Affairs.
7(b) Convenience in Scaling. The Purchaser shall roll out, deck or
otherwise present products in a manner suitable for economical scaling
as the Officer in Charge may reasonably direct. The points at which
products shall be presented for scaling shall be designated by the
Officer in Charge and may include the place where cut, a landing or
point of shipment, or other points. Products shall not be moved from
the designated scaling point until they have been scaled, and until they
have been stamped, numbered or otherwise released by the Officer in
Charge. Products that are moved contrary to the instructions of the
Officer in Charge shall be paid for by the Purchaser at double the
contract stumpage rates. The Officer in Charge may require that
products be decked, stacked or otherwise held for scaling when the
average daily volume produced is to small to permit economical scaling.
7(c) Scaling Logs. The Scribner Decimal C log rule shall be used in
scaling all logs. The log rule shall be read to the nearest inch on the
average diameter inside bark at the small end of the log. The maximum
scaling length of a single log shall be 16 feet. All logs exceeding the
maximum scaling length shall be scaled as two or more logs. The
following allowance shall be made for trimming:
Trimming
Allowance
Log Length: (Inches)
8 to 20 feet 6
22 to 34 feet 12
36 feet and longer 14
Logs overrunning the trim allowance shall be scaled to the next
standard one-foot length. Deductions shall be made from the gross
volume for rot, shake, hollow, check, sweep, crook or other visible
defects, but no deduction shall be made for blue stain when not
accompanied by other evidence of deterioration or for any defect or
damage due to the carelessness of the Purchaser. Products presented for
scaling in other than sawlog form shall be scaled as provided in the
contract.
7(d) Unmerchantable Material. Material which is more defective than
the minimum merchantable percentage and material smaller than the
minimum merchantable size, as specified in the contract, shall be culled
if left in the woods, but any such material that is taken for
manufacture or sale shall be scaled for its actual sound contents.
7(e) Scaling Waste Material. Waste in long butts, tops, broken and
partially sound logs, in other products, and in all trees designated for
cutting which are not cut or which are left felled, lodged or badly
damaged by the logging operations shall be paid for by the Purchaser at
the contract stumpage rates, except that no additional charge shall be
made for such waste material in trees the volume of which was determined
prior to the sale. The Purchaser may be required to pay at double the
contract stumpage rates for merchantable timber not designated for
cutting which is cut or seriously injured through carelessness. If
timber is injured to the extent that, in the opinion of the Officer in
Charge, it will constitute a hazard to residual trees if not removed,
the Purchaser may be required to remove such timber. Any waste material
which is paid for shall become the property of the Purchaser and may be
removed from the sale area at any time prior to the expiration date of
the contract.
7(f) Marketing Products. When a separate record of the volume of
timber cut from allotments or other areas is required by the Bureau of
Indian Affairs, the Purchaser shall mark all unscaled products with
distinctive brands, as directed by the Officer in Charge, to permit
positive identification of the products with the land from which they
were cut.
7(g) Scale Reports. A copy of each 10 day scale report showing the
number of pieces and the volume and value of all products scaled under
the contract during the reporting period shall be furnished to the
Purchaser by the Superintendent. A copy of each Report of Timber Cut
showing the volume and value of timber scaled and the balances in
advance payments and advance deposits shall be furnished to the
Purchaser.
7(h) Purchaser's Check Scale. The Purchaser may arrange with the
Bureau of Indian Affairs scaler, through the Officer in Charge, for a
check scaler employed by the Purchaser to compare his scale with that of
the Bureau of Indian Affairs scaler, at hours convenient to the Officer
in Charge.
8. Logging Requirements.
8(a) Logging Plans. The Approving Officer may require the Purchaser
to present seasonal plans of logging operations for approval before
operations begin. When a logging plan has been approved there shall be
no substantial departure from it without the written consent of the
officer who approved the plan. The areas to be logged in any season may
be designated by the Approving Officer when, in his judgment, such
action is necessary to prevent deterioration of timber from fire,
insects, disease or other cause, or to insure that the sale area is
logged in such a manner as to protect fully the interests of the Seller
and the Government. The Officer in Charge may require the Purchaser to
complete logging operations begun on an allotment or on a natural
topographic unit before operations are moved to another part of the sale
area.
8(b) Logging Methods. The Purchaser's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
8(c) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the sale area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
8(d) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Purchaser may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Purchaser, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
9. Slash and Snags.
9(a) Treatment of Slash. The treatment of slash shall be
accomplished by the Purchaser concurrently with other phases of logging
operations. Slash shall mean limbs, tops, damaged young growth and
other material up to 4 inches in diameter resulting from logging, road
construction or other operations by the Purchaser.
9(b) Burning Slash. The Purchaser shall lop and pile all slash
compactly for burning. Slash piles shall be placed a sufficient
distance from reserved trees and reproduction to prevent unnecessary
damage in burning. The Purchaser shall burn slash in such a manner and
at such times as the Officer in Charge may direct. Whenever the
Purchaser allows fire to run through slash, except in compliance with
the instructions of the Officer in Charge, the Purchaser may be required
to lop and scatter or repile and reburn the slash. The Purchaser shall
make every reasonable effort to control and suppress all fires which may
spread from his slash burning operations, but he shall not be held
liable for damages caused by slash burning operations conducted in
compliance with the instructions of the Officer in Charge unless such
damages are due to the Purchaser's carelessness or negligence in the
execution of instructions. The Purchaser may be reimbursed for his
costs in suppressing slash fires not due to his carelessness or neglect.
9(c) Snag Felling. The Purchaser shall fell all unmerchantable dead
trees, within the area cutover, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed in each part of the sale area as soon as practicable
after skidding and before the slash is burned, if burning is required.
The Purchaser may be relieved of snag felling requirements on
specifically designated areas by the Superintendent at the request of
the tribal governing body on unallotted lands or at the request of the
Indian owners on allotted lands.
10. Transportation Facilities.
10(a) Authorization. The Purchaser is authorized to construct and
maintain on the contracted area and on other unallotted Indian lands
such roads, bridges and other transportation facilities as are necessary
for logging operations under the contract, subject to applicable
regulations and such conditions as the Approving Officer may impose.
Construction of transportation facilities shall not convey the right of
exclusive use to the Purchaser. In these Provisions, "construction"
shall also include reconstruction.
10(b) Road Construction. The location and design of all roads to be
constructed by the Purchaser shall minimize damage to Indian lands. The
Approving Officer may, before construction begins, require approval of
road locations and design by inspection or through the submission of
plans and specifications for the location and design of roads and
appurtenant structures.
10(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Purchaser's operations.
(1) Existing Bureau of Indian Affairs Roads. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Purchaser uses existing Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Purchaser and the Superintendent. In the event of
disagreement, the determination shall be made by the Superintendent.
(2) Roads Constructed by Purchaser. Main roads which are constructed
by the Purchaser and which are designated by the Approving Officer as
roads that will be used as principal access for subsequent
administration, management or protection of Indian timber shall be
maintained by the Purchaser to prevent deterioration in periods of
non-use during the life of the contract. Required maintenance may
include blading the surface to remove ruts and other obstructions to
surface drainage structures or other action prescribed by the Officer in
Charge. Similar maintenance may be required on such designated roads
prior to abandonment.
10(d) Use by Other Parties. Roads constructed by the Purchaser under
authority of the contract or on rights-of-way held by the Bureau of
Indian Affairs may be used by other parties as authorized by the
Approving Officer, provided that, in the opinion of the Approving
Officer, the use by other parties will not cause unreasonable
interference with the operations of the PUrchaser. Such other parties
shall provide improvements and maintenance to the roads as may be
reasonable and equitable to prevent appreciable increases in the
Purchaser's costs of operation as a result of joint use. The extent of
such obligations shall be agreed upon by the parties concerned, subject
to a final determination by the Approving Officer if the parties
disagree.
10(e) Improvements. All bridges, drainage structures, cattle guards
or other improvements installed on any road by the Purchaser shall be
left intact at the completion of logging operations, unless the removal
of such improvements is authorized or required by the Approving Officer.
11. Fire Prevention and Suppression.
11(a) Fire Plans. When requested by the Approving Officer, the
Purchaser shall prepare, in cooperation with the Officer in Charge, a
plan for the prevention and suppression of fires on the sale area for
the approval of the Approving Officer. The plan shall fully reflect the
Purchaser's fire protection obligations under the contract. Neither the
approval of the plan nor anything contained therein shall relieve the
Purchaser from any responsibility under the terms of the contract.
11(b) Fire Precautions. The Purchaser shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Approving Officer to meet the fire
protection requirements of the contract and the existing fire danger.
The requirements shall not be less than are required under the laws of
the State in which the sale area is located. 11(c) Fire Suppression.
The Purchaser shall take immediate and independent initial fire
suppression action on all fires on the sale area and shall use all
necessary manpower and equipment at his disposal, including the
employees and equipment of his subcontractors engaged on or near the
sale area in construction or in logging, removing or processing timber.
When called upon by the Officer in Charge, the Purchaser shall make
available any or all of his manpower and equipment, including that of
his subcontractors, for hire by the Bureau of Indian Affairs and to work
under the direction of any authorized employee of the Bureau of Indian
Affairs in the suppression of any fire on or threatening Indian lands.
11(d) Fire Suppression Costs.
(1) Purchaser fires. If the Purchaser, his employees, his
subcontractors or thier employees, are responsible by act or neglect for
the origin or spread of a fire, hereinafter called a Purchaser fire, the
Purchaser shall pay all the costs of fire suppression, including those
incurred by the Bureau of Indian Affairs.
(2) Non-Purchaser Fires. Fires for which the Purchaser or his
employees, his subcontractors or their employees, are in no way
responsible by act or neglect are hereinafter called non-Purchaser
fires. The Purchaser's cost of suppressing such fires shall be computed
at rates established by the Bureau of Indian Affairs.
On the sale area the Purchaser shall pay one-half of the total
suppression costs of non-Purchaser fires, provided that the Purchaser's
obligation shall be limited in any calendar year to a maximum of one
percent of the total estimated value of the timber covered by the
contract computed at the estimated volumes and the bid rates shown in
the contract. In the event that other sales are made within the sale
area in accordance with Section 13(a) herein, the Purchasers shall share
the obligation to pay one-half of the total suppression costs of
non-Purchaser fires according to the relationship of the total estimated
value of the timber covered by each contract to the total estimated
value of the timber covered by all of the contracts. However, if a fire
is determined to be a Purchaser fire with respect to one of the
Purchasers, he shall be liable for all of the suppression costs of other
Purchasers on the sale area.
Outside the sale area, the Purchaser shall be construed as relieving
the Purchaser of fire suppression costs for which he is otherwise liable
under State law.
11(e) Liability for Fire Damage. The Purchaser shall pay for all
damages caused by a Purchaser fire to timber or any other property of
the Indians or the Government in an amount to be determined by the
Approving Officer. The Purchaser's liability for losses sustained by
the Indians or the Government from non-Purchaser fires shall be in
accordance with the provisions of Section 6(c) herein,
12. Improvements.
12(a) Existing Improvements. The Purchaser may be given permission
to use existing improvements which are already on lands covered by the
contract and which are necessary for his logging operations under the
contract, subject to applicable regulations and such conditions as the
Approving Officer may impose. All telephone lines, fences, roads,
trails and other improvements shall be protected as far as possible in
all phases of the Purchaser's operations and, whenever they are damaged,
the Purchaser may be required to repair them promptly to as good
condition as before the damage.
12(b) Damage to Land and Other Property. Damage to land or other
property of the Indians or the Government which cannot be repaired shall
be paid for by the Purchaser in an amount to be determined by the
Approving Officer. In determining the amount of such damages, the
Approving Officer shall consider the value of any permanent improvements
made to the land by the Purchaser.
12(c) Construction of Improvements. The Purchaser, with the approval
of the Approving Officer and subject to such conditions as he may impose
and to applicable regulations, may construct on lands covered by the
contract such improvements as are necessary for his operations under the
contract.
12(d) Use of Timber, Fuelwood and Improvements shall be made as far
as practicable from unmerchantable timber and such material shall not be
charged to the Purchaser. The use of any material not covered by the
contract from Indian lands may be restricted by the Approving Officer.
12(e) Removal of Property. The Purchaser shall remove all of his
improvements and other property within six months from the expiration
date of the contract except for improvements installed on roads as
provided in Section 10(e) herein or unless he is authorized by the
Approving Officer to leave such improvements. After that time, the
title to all improvements and to other property shall attach to the
land.
12(f) Sanitation. All improvements constructed or used by the
Purchaser on lands belonging to the Indians or the Government, such as
camps, mills and other structures, and the grounds adjacent thereto,
shall be maintained in a clean and sanitary condition. Rubbish shall be
removed and properly buried or burned during the occupancy of such
structures. Upon the abandonment or removal of improvements, the sites
shall be thoroughly cleaned up and all rubbish and debris shall be
disposed of.
13. Other Conditions.
13(a) Other Sales Within Sale Area.
(1) Salvage Sales of Minor Volumes. Separate salvage sales of minor
volumes of timber covered by the contract may be made when the Approving
Officer and the Purchaser agree in writing that the scattered location
of single trees or small groups of trees to be salvaged cannot
reasonably be removed in the Purchaser's operations.
(2) Other Material. Other sales may be made within the sale area of
material not included in the terms of the Purchaser's contract, provided
such sales will not, in the judgment of the Approving Officer, cause
unreasonable interference with operations of the Purchaser. Other
Purchasers may be required to provide improvements to
Purchaser-constructed roads in accordance with Section 10(d) herein.
13(b) Rights-of-Way. Rights-of-way may be granted to other parties
through any portion of this sale area during the life of the contract
provided such rights-of-way will not, in the judgment of the Approving
Officer, cause unreasonable interference with the operations of the
Purchaser.
13(c) Bureau of Indian Affairs Services. The Bureau of Indian
Affairs will furnish scaling, marking and other services within a basic
workweek of 8 hours per day for 5 days per week, exclusive of Sundays
and Government holidays, unless additional services are requested by the
Purchaser and approved by the Superintendent. The Purchaser shall pay
for additional services as required by the Act of 560730, (25 U.S.C.
407d).
13(d) Purchaser and Bureau of Indian Affairs Representatives on Sale
Area. At all times when construction or logging operations are in
progress, the Purchaser shall have a representative readily available in
the area of such operations who shall be authorized to receive in behalf
of the Purchaser any notices or instructions from the Officer in Charge
or other authorized representative of the Bureau of Indian Affairs in
regard to performance under the contract and to take such action thereon
as is required by the terms of the contract. Written designation of the
representative may be required by the Superintendent. At the request of
the Purchaser, the Superintendent shall designate in writing the name of
the Bureau of Indian Affairs representative who shall supervise
operations under the contract.
13(e) New Bond. Whenever any bond furnished to guarantee obligations
under the contract shall be unsatisfactory to the Approving Officer he
may require the Purchaser to furnish a new bond which shall be
satisfactory to the Approving Officer.
13(f) Indian Labor. The Purchaser shall employ Indian labor at the
same wages as other labor and in preference to other labor not already
in his employ whenever Indian labor seeks employment and is competent.
13(g) Financial Statements. At the close of each year used by the
Purchaser as a basis of his records, and no later than the date
specified by the Approving Officer, the Purchaser shall submit to the
Superintendent three copies each of a balance sheet, profit and loss
statement and detailed statement of operating costs and sales. The
statements shall be of a form satisfactory to the Commissioner, and
shall be certified by a certified public accountant and the Purchaser.
In addition to or in lieu of the statements by the Purchaser, the
Commissioner in his discretion may require the Purchaser to submit such
certified statements for his divisions and subsidiaries (wholly owned or
controlled) or his subcontractors which are engaged in operations under
the contract or in the manufacture or sale of products produced
thereunder. The statements shall be considered as confidential material
and shall be available only to Government employees whose official
duties require access to the information therein.
13(h) Purchaser's Records. Records pertaining to the logging,
manufacture and sale of material covered by the contract by the
Purchaser, his divisions and subsidiaries (wholly owned or controlled)
and his subcontractors, and such other records as it may be necessary to
review to confirm the statements submitted by the Purchaser, shall be
open to inspection at any reasonable time by the Commissioner, Bureau of
Indian Affairs, or the Approving Officer or any officer designated by
them for the purpose of obtaining information of the type used by the
Bureau of Indian Affairs in stumpage appraisals and adjustments. The
information so obtained shall be regarded as confidential and shall be
available only to Government employees whose official duties require
access to it. The right of inspection shall extend for a reasonable
time beyond the period of the contract to provide the Bureau of Indian
Affairs an opportunity to obtain relevant information for the full
contract period.
13(i) Maintenance of Order. The Purchaser shall comply with all laws
and regulations relating to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors.
13(j) Officials not to Benefit. No Member of, or Delegate to,
Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom unless
it is made with a corporation for its general benefit.
5-491
(490500)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinault INDIAN RESERVATION, Washington
KNOW ALL MEN BY THESE PRESENTS, that We the undersigned, hereby
request, authorize, and empower the Superintendent of the Western
Washington Indian Agency to enter into contract for the sale of the
timber upon the following-described lands: Lot 16, Section 4, T. 23 N.,
R. 13 W., Willamette Meridian the same being the allotment of Phyllis
Penn
Quinault allottee No. 2071, and authorize him to perform every act
necessary and requisite to the consummation of such sale with the same
validity as if We X were personally present. Provided that no such
contract shall be made hereunder at stumpage rates per thousand feet
board measure of less than the following $10.25 per M feet, B.M., for
Pacific silver fir; $10.90 per M feet, B.M., for Sitka spruce; $12.60
per M feet, B.M., for western redcedar; and $9.95 per M feet, B.M., for
western hemlock and other species and We do also hereby agree to grant
any contractor holding any contract hereunder and in conformity
herewith, reasonable right-of-way over the above-described lands, or any
other lands in which We hold any interest, provided We shall receive
reasonable compensation for any damage done or incurred through such
right-of-way. The Commissioner of Indian Affairs or his representative
shall definitely determine what shall be considered reasonable damages.
We furthermore agree that the proceeds arising from the sale of this
timber may be disposed of in accordance with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration.
Place La Push, Washington
Date 590724
Witnesses: Florence Sigo Mrs. Myrtle Penn Anita F Rasmissin David E.
Rasmissin Herbert Fisher Jarrett Stewart
William B. Penn 12/18 int.
Earl Penn 1/18 int.
Frieda Penn Markishtum 1/18 int.
WITNESSES:
590724 Frank Balch Elizabeth Balch Robert J. Hilton P S Stewart Mrs.
Patrick E Grealish Mr. Solomon Caston Freddie J Heaverton Donald E
Ramassism
Harriett P. Stewart 1/18 int.
Janell Penn Hice 1/18 int.
Anita Fay Penn 1/18 int.
Shirley Esther Penn 590613 1/18 int.
The following Standard Timber Contract Provisions are hereby
prescribed for use in contracts for the sale of timber from Indian lands
except as otherwise provided by the Secretary of the Interior or his
authorized representative in particular sales.
1. Definitions. As used in these provisions and in the contract to
which they are attached:
1(a) "Approving Officer" means the officer approving the contract or
his authorized representative.
1(b) "Commissioner" means the Commissioner of Indian Affairs or his
authorized representative.
1(c) "Area Director" means the Area Director of the Bureau of Indian
Affairs Area within which the sale area is located, or his authorized
representative.
1(d) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the sale area, or
his authorized representative.
1(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the sale area.
1(f) "Seller" means the Indian tribe or the individual owner or
owners of the timber sold under the contract.
1(g) "Purchaser" means the purchaser of timber under the contract and
his successors in interest.
2. General Conditions.
2(a) Title and Risk of Loss. Title to the timber covered by the
contract shall not pass to the Purchaser until it has been paid for and
cut, except that in single payment sales based on tree measurement or
other estimate of total volume obtained prior to the sale, the title to
timber shall pass to the Purchaser when the sale contract has been
approved by the Approving Officer and the timber has been paid for.
Passage of title to the Purchaser shall not affect the Bureau of Indian
Affairs' right to control the movement of timber until the volume has
been determined. In the event any timber covered by the contract is
destroyed or damaged by fire, wind, flood, insects, diseases or other
cause to the extent that it is unmerchantable, the party holding title
to the timber shall bear the loss except as otherwise provided in
Section 11(c) herein with respect to Purchaser fires as defined in
Section 11(d) herein, and there shall be no obligation on the part of
the Bureau of Indian Affairs to designate, or on the part of the
Purchaser to accept and pay for, other timber in lieu of that destroyed
or damaged. If timber or products which have been paid for under this
contract are not removed from the sale area on or before the expiration
date of the contract, title shall revert to the Seller. Nothing in this
paragraph shall be construed to relieve either party of liability for
negligence.
2(b) Interpretation of Contract. The decision of the Approving
Officer shall prevail in the interpretation of the contract, subject to
the right of appeal prescribed in Section 2(j) herein.
2(c) Modification. The conditions of sale as set forth in the
contract may be modified only through an agreement in writing between
the Seller and the Purchaser. No modification shall become effective
until approved by the Approving Officer. When a surety bond has been
furnished by the Purchaser, he must, prior to approval of the
modification, either obtain a commitment from the surety to continue the
bond under the modification or furnish a new bond.
2(d) Assignment of Interest. The assignment by the Purchaser of any
or all of his interest under the contract shall not affect any of the
obligations of the parties or the Secretary under the contract until the
assignment has been approved by the Approving Officer after consultation
with the Seller. The party to whom an interest is assigned must provide
a bond as specified in the contract or obtain a commitment from the
previous surety to be bound by the assignment when approved. The
approval of an assignment by the Approving Officer shall not operate to
change the provisions of the contract. Unless otherwise provided for
therein, an assignment shall not relieve the assignor of any of the
responsibilities and liabilities under the contract.
2(e) Extension of time. An extension of time for the performance of
the contract may be granted to the Purchaser by the Approving Officer,
for reasons satisfactory to the Approving Officer, after consultation
with the Seller. Extensions of time shall be subject to such conditions
as the Approving Officer may impose. When a surety bond has been
furnished by the Purchaser, he must prior to any such extension, either
obtain a commitment from the surety to continue the bond during the
extension or he must furnish a new bond. Requests for extension of time
may be considered only if submitted in writing by the Purchaser to the
Superintendent prior to the expiration date of the contract.
2(f) Suspension of Operations. The Superintendent may, after written
notice to the Purchaser, suspend any or all of the Purchaser's
operations under the contract if the Purchaser violates any of the
requirements of the contract. Such suspension of operations may be
continued by the Superintendent until there is satisfactory compliance.
After written notice from the Approving Officer, continued failure to
comply with any of the requirements of the contract shall be grounds for
the revocation by the Approving Officer of all rights of the Purchaser
under the contract and the Purchaser shall be liable for all damages
resulting from his breach of contract as described in the following
section.
2(g) Failure to Complete Contract. In the event of failure to
complete all obligations assumed under the contract, the Purchaser shall
be liable for the depreciation in the value of the remaining timber and
for any costs or expenses incurred by or caused to the Seller or the
Government as a result of such failure, in an amount to be determined by
the Approving Officer.
2(h) Termination of Contract. The contract may be terminated at any
time by written agreement between the Seller and the Purchaser.
Termination agreements shall not become effective until approved by the
Approving Officer.
2(i) Disputes. Either of the parties to the contract may submit
complaints of any action or decision under the contract by the
Superintendent or the Officer in Charge in accordance with the following
procedure. Complaints shall be made in writing to the Superintendent.
If the Superintendent is not the Approving Officer of the contract and
the dispute is not resolved to the satisfaction of the parties, a
written complaint may then be submitted to the Area Director. If the
Area Director is not the Approving Officer and his decision is not
satisfactory to the parties, a complaint may be submitted in writing to
the Commissioner. Complaints shall be made within 30 days of the action
or decision in dispute unless the party making the complaint furnishes
reasons satisfactory to the officer receiving the complaint for granting
a longer period of time, in which case the officer may extend the period
for such length of time as he deems reasonable. Decisions of the
Approving Officer may be appealed to the Secretary in accordance with
the provisions of the following section.
2(j) Appeals. The parties to this contract may appeal, in accordance
with such rules and regulations as the Secretary of the Interior may
from time to time prescribe, any action or decision taken by the
Approving Officer or his superior officers. The decision of the
Secretary shall be final subject to lawful judicial remedies.
2(k) Bureau of Indian Affairs Representative.-Notices, requests or
other action where formal written notice is required herein, or is
appropriate, shall be accepted for the Bureau of Indian Affairs by the
Superintendent.
3. Timber To Be Reserved. No timber may be cut except that which is
designated by the Officer in Charge. A strip of timber on each side of
streams, roads and trails, along lake shores, in the vicinity of camping
places and recreational or ceremonial grounds, and timber in immature
stands or other areas which should not be disturbed because of
silvicultural, watershed protection or other reasons, may be reserved in
which little or no cutting shall be allowed.
4. Payments and Deposits.
4(a) Method of Payment. The Purchaser shall pay for the timber
covered by the contract in advance of cutting, as a single payment or
installment payments in sales of predetermined volumes or in the form of
advance payments or advance deposits in sales of estimated volumes.
Payment shall be by certified check, cashier's check, bank draft or
postal money order, drawn payable to the Bureau of Indian Affairs, or in
cash. All payments shall be transmitted to the Superintendent.
4(b) Advance Payments on Allotment Timber. Advance payments are
partial payments of the estimated value of timber to be cut on each
allotment and are required in all sales of allotment timber unless the
full purchase price is paid before the contract is approved. Advance
payments may be paid to the allotment owner as soon as received and are
not refundable. Such payments shall be credited against the allotment
timber as it is cut and scaled, at the stumpage rates in effect at the
time of scaling. The Purchaser shall pay 15 percent of the estimated
value of the timber to be cut, computed at the bid rates, within 30 days
from the date of approval of each allotment contract and before cutting
begins. The Purchaser shall make additional advance payments of 15
percent of the estimated value within three years and 20 percent within
six years, if the contract extends beyond those periods. Advance
deposits previously applied against timber cut on the allotment shall be
included in computing the payments. The Approving Officer may, in his
discretion, reduce the original estimate of the volume of timber to be
cut on any allotment because of error of estimate, losses from fire or
other causes, or for similar reasons, but not because of depletion from
cutting. If the advance payments on any allotment exceed the total
value of the timber cut on that allotment by the Purchaser, the amount
of the advance payments shall be declared to be the value of the timber
so cut.
4(c) Advance Deposits. Advance deposits are used in sales of
estimated volumes to maintain an operating balance against which the
value of the timber to be cut from either tribal or allotted lands will
be charged. The unobligated balance of advance deposits may be refunded
pursuant to Section 4(c)(3) herein. The Purchaser shall make advance
deposits in such amounts and at such times as called for by the
Superintendent. The amount of any advance deposit shall not be less
than the minimum amount specified in the contract, except as provided in
Section 4(c)(2) herein. The Purchaser shall not be required to provide
an advance deposit balance at any time of more than three times the
amount of the minimum advance deposit specified in the contract. The
estimated value of timber cut but not yet scaled shall be deducted from
the advance deposits then in the hands of the Superintendent in
computing the advance deposit balance. Advance deposits shall be
applied to timber cut from tribal lands and shall be applied to
allotment timber only after the advance payments on the allotment being
cut have been exhausted. Advance payments on allotment timber shall not
operate to reduce the size of the advance deposits that may be required
by the Superintendent.
(1) Suspension of Operations. If advance deposits are not received
within 15 days of written request therefor, or if at any time the
balance of advance deposits is reduced to one-third of the required
minimum advance deposit, the Superintendent may suspend all or any part
of the operations until the requested advance deposit is received.
(2) Reduction of Advance Deposits. The Superintendent may reduce the
minimum size of the last advance deposit before completion of the sale
or before periods of approximately three months or longer during which
no timber cutting is anticipated.
(3) Refund of Advance Deposits. If the balance of advance deposits
at the time cutting operations are suspended for approximately three
months or longer is in excess of one-third of the minimum advance
deposit specified in the contract, such excess may be refunded at the
request of the Purchaser and in the discretion of the Superintendent.
However, no refund shall be made if an unexcused deficiency in minimum
cutting requirements exists. Final refund of the total unobligated
balance of advance deposits shall be authorized by the Approving Officer
after all the terms of the contract have been satisfactorily completed.
5. Utilization.
5(a) Sales of Estimated Volumes. In sales in which the volume of
timber is to be determined by measurement of cut products, timber shall
be cut to utilize fully the merchantable material and to yield the
maximum stumpage value. Timber cut into lengths or products of lesser
value shall be scaled as if cut to yield the maximum value of products
covered by the contract. Stumps shall be cut as low as practicable to
avoid waste. The mean height of any stump shall not exceed one-half of
its diameter, except that where this height is considered to be
impracticable higher stumps may be authorized by the Officer in Charge.
Stumps which exceed the maximum height shall be paid for by the
Purchaser at the rates per stump specified in the contract, which
charges, in view of the difficulty of determining the actual damage to
the Seller, shall be regarded as fixed, agreed and liquidated damages.
In addition, the Officer in Charge may require the Purchaser to recut
such stumps to the maximum allowable height.
5(b) Sales of Predetermined Volumes. In sales in which the volume of
timber sold was determined prior to the sale, the Officer in Charge may
require the Purchaser to recut stumps which exceed the maximum height as
defined in Section 5(a). In these sales, the Purchaser is expected to
practice full utilization but no charge shall be made for poor
utilization of timber represented by the predetermined volumes.
6. Cutting Schedule. In sales of estimated volumes, if the actual
volume of timber designated for cutting exceeds the estimated volume
shown in the contract by such an amount, that the contract limitation on
the maximum annual cut prevents the Purchaser from cutting all
designated timber prior to the date specified in the contract, the
Approving Officer, after consultation with the Purchaser and the Seller,
shall in his discretion, either increase the maximum annual cut or
extend the contract or both, subject to such conditions as he deems most
equitable to both parties.
6(a) Minimum Volume. The minimum volume required by the contract
shall be cut and paid for each year from the sale area. During the last
calendar year of the contract, the actual volume of timber designated
for cutting shall be controlling if less than the minimum volume
required.
(1) Relief From Minimum Requirements. The Approving Officer, at the
request of the Purchaser and after consultation with the Seller, may
relieve the Purchaser in whole or in part from the minimum annual
cutting and paying requirements when, in the opinion of the Approving
Officer, the Purchaser is prevented by factors beyond his control from
meeting the minimum cutting requirements or when such relief is in the
best interest of the Seller.
(2) Payment for Deficiencies. If the Purchaser falls to meet the
minimum cutting requirements and no relief is granted, the volume of
timber scaled during the following calender year shall not be applied to
the minimum requirements for that year until the existing deficiency has
been made up. All timber scaled during each quarter,annual period
beginning 000101, 000401, 000701 and 001001 in which a deficiency exists
shall be paid for at the stumpage rates in effect on 001231 of the year
in which the deficiency occurred or at the rates in effect at the time
of scaling, whichever are the higher.
6(b) Maximum Volume. The volume of timber cut on the sale area
during any calendar year, not including the cutting deficiencies from
any previous year or years or the volume of timber salvaged pursuant to
Section 6(c) herein, shall not exceed the maximum volume specified in
the contract without the consent of the Approving Officer after
consultation with the Seller. Logging performance in any calendar year
beyond the minimum required therefor shall not be applied against the
cutting requirements of subsequent calendar years unless authorized by
the Approving Officer after consultation with the Seller.
6(c) Salvage of Damaged Timber. As used in this section, "Damaged
timber" shall include any timber within the unit of the species and
minimum merchantability specified in the contract which is damaged but
not rendered unmerchantable by insects, disease, windthrow or
non-Purchaser fires subsequent to the date the contract is approved. In
contracts for the sale of predetermined volumes in which minimum
merchantability standards are not specified, merchantability shall be
determined in accordance with customary standards. The Purchaser shall
cut and pay for damaged timber as expeditiously as possible and as the
Approving Officer may direct. If, in the opinion of the Approving
Officer may direct. If, in the opinion of the Approving Officer,
additional salvage operations are necessary to prevent losses to the
Indian owners, he may offer all or part of the damaged timber for sale
under one or more separate contracts.
7. Volume Determination. The term "scaling," as used in these
Provisions, may include scaling by log rule, measuring, counting,
weighing, tree measurement before felling or any other reasonable method
prescribed by the Approving Officer.
7(a) Bureau of Indian Affairs To Scale. All timber covered by the
contract shall be scaled by authorized employees of the Bureau of Indian
Affairs.
7(b) Convenience In Scaling. The Purchaser shall roll out, deck or
otherwise present products in a manner suitable for economical scaling
as the Officer in Charge may reasonably direct. The points at which
products shall be presented for scaling shall be designated by the
Officer in Charge and may include the place where cut, a landing or
point of shipment, or other points. Products shall not be moved from
the designated scaling point until they have been scaled, and until they
have been stamped, numbered or otherwise released by the Officer in
Charge. Products that are moved contrary to the instructions of the
Officer in Charge shall be paid for by the Purchaser at double the
contract stumpage rates. The Officer in Charge may require that
products be decked, stacked or otherwise held for scaling when the
average daily volume produced is too small to permit economical scaling.
7(c) Scaling Logs. The Scribner Decimal C log rule shall be used in
scaling all logs. The log rule shall be read to the nearest inch on the
average diameter inside bark at the small end of the log. The maximum
scaling length of a single log shall be 16 feet. All logs exceeding the
maximum scaling length shall be scaled as two or more logs. The
following allowance shall be made for trimming:
Trimming Allowance (Inches)
Log Length:
8 to 20 feet.................................. 6
22 to 34 feet................................. 12
36 feet and longer............................ 14
Logs overrunning the trim allowance shall be scaled to the next
standard one-foot length. Deductions shall be made from the gross
volume for not, shake, hollow, check, sweep, crook or other visible
defects, but no deduction shall be made for blue stain when not
accompanied by other evidence of deterioration orfor any defect or
damage due to the carelessness of the Purchaser. Products presented for
scaling in other than sawlog from shall be scaled as provided in the
contract.
7(d) Unmerchantable Material. Material which is more defective than
the minimum merchantable percentage and material smaller than the
minimum merchantable size, as specified in the contract, shall be culled
if left in the woods, but any such material that is taken for
manufacture or sale shall be scaled for its actual sound contents.
7(e) Scaling Waste Material. Waste in long butts, tops, broken and
partially sound logs, in other products, and in all trees designated for
cutting which are not cut or which are left felled, loged or badly
damaged by the logging operations shall be paid for by the Purchaser at
the contract stumpage rates, except that no additional charge shall be
made for such waste material in trees the volume of which was determined
prior to the sale. The Purchaser may be required to pay at double the
contract stumpage rates for merchantable timber not designated for
cutting which is cut or seriously injured through carelessness. If
timber is injured to the extent that, in the opinion of the Officer in
Charge, it will constitute a hazard to residual trees if not removed,
the Purchaser may be required to remove such timber. Any waste material
which is paid for shall become the property of the Purchaser and may be
removed from the sale area at any time prior to the expiration date of
the contract.
7(f) Marking Products. When a separate record of the volume of
timber cut from allotments or other areas is required by the Bureau of
Indian Affairs, the Purchaser shall mark all unscaled products with
distinctive brands, as directed by the Officer in Charge, to permit
positive identification of the products with the land from which they
were cut.
7(g) Scale Reports. A copy of each 10-day scale report showing the
number of pieces and the volume and value of all products scaled under
the contract during the reporting period shall be furnished to the
Purchaser by the Superintendent. A copy of each Report of Timber Cut
showing the volume and value of timber scaled and the balances in
advance payments and advance deposits shall be furnished to the
Purchaser.
7(h) Purchaser's Check Scale. The Purchaser may arrange with the
Bureau of Indian Affairs scaler, through the Officer in Charge, for a
check scaler employed by the Purchaser to compare his scale with that of
the Bureau of Indian Affairs scaler, at hours convenient to the Officer
in Charge.
8. Logging Requirements.
8(a) Logging Plans. The Approving Officer may require the Purchaser
to present seasonal plans of logging operations for approval before
operations begin. When a logging plan has been approved there shall be
no substantial departure from it without the written consent of the
officer who approved the plan. The areas to be logged in any season may
be designated by the Approving Officer when, in his judgement, such
action is necessary to prevent deterioration of timber from fire,
insects, disease or other cause, or to insure that the sale area is
logged in such a manner as to protect fully the interests of the Seller
and the Government. The Officer in Charge may require the Purchaser to
complete logging operations begun on an allotment or on a natural
topographic unit before operations are moved to another part of the sale
area.
8(b) Logging Methods. The Purchaser's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
8(c) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the sale area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
8(d) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist medows
shall be protected. Where soil is particularly susceptible of erosion,
the Purchaser may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Purchaser, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavourable.
9. Slash and Snags.
9(a) Treatment of Slash. The treatment of slash shall be
accomplished by the Purchaser concurrently with other phases of logging
operations. Slash shall mean limbs, tops, damaged young growth and
other material up to 4 inches in diameter resulting from logging, road
construction or other operations by the Purchaser.
9(b) Burning Slash. The Purchaser shall lop and pile all slash
compactly for burning. Slash piles shall be placed a sufficient
distance from reserved trees and reproduction to prevent unnecessary
damage in burning. The Purchaser shall burn slash in such a manner and
at such times as the Officer in Charge may direct. Whenever the
Purchaser allows fire to run through slash, except in compliance with
the instructions of the Officer in Charge, the Purchaser may be required
to lop and scatter or repile and reburn the slash. The Purchaser shall
make every reasonable effort to control and suppress all fires which may
spread from his slash burning operations, but he shall not be held
liable for damages caused by slash burning operations conducted in
compliance with the instructions of the Officer in Charge unless such
damages are due to the Purchaser's carelessness or negligence in the
execution of instructions. The Purchaser may be reimbursed for his
costs in suppressing slash fires not due to his carelessness or neglect.
9(c) Snag Felling. The Purchaser shall fell all unmerchantable dead
trees, within the area cutover, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed in each part of the sale area as soon as practicable
after skidding and before the slash is burned, if burning is required.
The Purchaser may be relieved of snag felling requirements on
specifically designated areas by the Superintendent at the request of
the tribal governing body on unallotted lands or at the request of the
Indian owners on allotted lands.
10. Transportation Facilities.
10(a) Authorization. The Purchaser is authorized to construct and
maintain on the contracted area and on other unallotted Indian lands
such roads, bridges and other transportation facilities as are necessary
for logging operations under the contract, subject to applicable
regulations and such conditions as the Approving Officer may impose.
Construction of transportation facilities shall not convey the right of
exclusive use to the Purchaser. In these Provisions, "construction"
shall also include reconstruction.
10(b) Road Construction. The location and design of all roads to be
constructed by the Purchaser shall minimize damage to Indian lands. The
Approving Officer may, before construction begins, require approval of
road locations and design by inspection or through the submission of
plans and specifications for the location and design of roads and
appurtenant structures.
10(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Purchaser's operations.
(1) Existing Bureau of Indian Affairs Roads. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Purchaser uses existing Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Purchaser and the Superintendent. In the event of
disagreement, the determination shall be made by the Superintendent.
(2) Roads Constructed by Purchaser. Main roads which are constructed
by the Purchaser and which are designated by the Approving Officer as
roads that will be used as principal access for subsequent
administration, management or protection of Indian timber shall be
maintained by the Purchaser to prevent deterioration in periods of
non-use during the life of the contract. Required maintenance may
include blading the surface to remove ruts and other obstructions to
surface drainage, cleaning drainage ditches, cleaning and repairing
drainage structures or other action prescribed by the Officer in Charge.
Similar maintenance may be required on such designated roads prior to
abandonment.
10(d) Use by Other Parties. Roads constructed by the Purchaser under
authority of the contract or on rights-of-way held by the Bureau of
Indian Affairs may be used by other parties as authorized by the
Approving Officer, provided that, in the opinion of the Approving
Officer, the use by other parties will not cause unreasonable
interference with the operations of the Purchaser. Such other parties
shall provide improvements and maintenance to the roads as may be
reasonable and equitable to prevent appreciable increases in the
Purchaser's costs of operation as a result of joint use. The extent of
such obligations shall be agreed upon by the parties concerned, subject
to a final determination by the Approving Officer if the parties
disagree.
10(e) Improvements. All bridges, drainage structures, cattle guards
or other improvements installed on any road by the Purchaser shall be
left intact at the completion of logging operations, unless the removal
of such improvements is authorized or required by the Approving Officer.
11. Fire Prevention and Suppression.
11(a) Fire Plans. When requested by the Approving Officer, the
Purchaser shall prepare, in cooperation with the Officer in Charge, a
plan for the prevention and suppression of fires on the sale area for
the approval of the Approving Officer. The plan shall fully reflect the
Purchaser's fire protection obligations under the contract. Neither the
approval of the plan nor anything contained therein shall relieve the
Purchaser from any responsibility under the terms of the contract.
11(b) Fire Precautions. The Purchaser shall furnish and maintain in
good and servicable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Approving Officer to meet the fire
protection requirements of the contract and the existing fire danger.
The requirements shall not be less than are required under the laws of
the State in which the sale area is located.
11(c) Fire Suppression. The Purchaser shall take immediate and
independent initial fire suppression action on all fires on the sale
area and shall use all necessary manpower and equipment at his disposal,
including the employees and equipment of his subcontractors engaged on
or near the sale area in construction or in logging, removing or
processing timber. When called upon by the Officer in Charge, the
Purchaser shall make available any or all of his manpower and equipment,
including that of his subcontractors, for hire by the Bureau of Indian
Affairs and to work under the direction of any authorized employee of
the Bureau of Indian Affairs in the suppression of any fire on or
threatening Indian lands.
11(d) Fire Suppression Costs.
(1) Purchaser fires. If the Purchaser, his employees, his
subcontractors or their employees, are responsible by act or neglect for
the origin or spread of a fire, hereinafter called a Purchaser fire, the
Purchaser shall pay all the costs of fire suppression, including those
incurred by the Bureau of Indian Affairs.
(2) Non-Purchaser Fires. fires for which the Purchaser or his
employees, his subcontractors or their employees, are in no way
responsible by act or neglect are hereinafter called non-Purchaser
fires. The Purchaser's cost of suppressing such fires shall be computed
at rates established by the Bureau of Indian Affairs.
On the sale area the Purchaser shall pay one-half of the total
suppression costs of non-Purchaser fires, provided that the Purchaser's
obligation shall be limited in any calender year to a maximum of one
percent of the total estimated value of the timber covered by the
contract computed at the estimated volumes and the bid rates shown in
the contract. In the event that other sales are made within the sale
area in accordance with Section 13(a) herein, the Purchasers shall share
the obligation to pay one-half of the total suppression costs of
non-Purchaser fires according to the relationship of the total estimated
value of the timber covered by each contract to the total estimated
value of the timber covered by all of the contracts. However, if a fire
is determined to be a Purchaser fire with respect to one of the
Purchasers, he shall be liable for all of the suppression costs of other
Purchasers on the sale area.
Outside the sale area, the Purchaser shall be reimbursed for all of
his costs in suppressing non-Purchaser fires.
The provisions of this section shall not be construed as relieving
the Purchaser of fire suppression costs for which he is otherwise liable
under State law.
11(e) Liability for fire Damage. The Purchaser shall pay for all
damages caused by a Purchaser fire to timber or any other property of
the Indians or the Government in an amount to be determined by the
Approving Officer. The Purchaser's liability for losses sustained by
the Indians or the Government from non-Purchaser fires shall be in
accordance with the provisions of Section 6(c) herein.
12. Improvements.
12(a) Existing Improvements. The Purchaser may be given permission
to use existing improvements which are already on lands covered by the
contract and which are necessary for his logging operations under the
contract, subject to applicable regulations and such conditions as the
Approving Officer may impose. All telephone lines, fences, roads,
trails and other improvements shall be protected as far as possible in
all phases of the Purchaser's operations and, whenever they are damaged,
the Purchaser may be required to repair them promptly to as good
condition as before the damage.
12(b) Damage to Land and Other Property. Damage to land or other
property of the Indians or the Government which cannot be repaired shall
be paid for by the Purchaser in an amount to be determined by the
Approving Officer. In determining the amount of such damages, the
Approving Officer shall consider the value of any permanent improvements
made to the land by the Purchaser.
12(c) Construction of Improvements. The Purchaser, with the approval
of the Approving Officer and subject to such conditions as he may impose
and to applicable regulations, may construct on lands covered by the
contract such Improvements as are necessary for his operations under the
contract.
12(d) Line of Timber. Fuelwood and improvements shall be made as far
as practicable from unmerchantable timber and such material shall not be
charged to the Purchaser. The use of any material not covered by the
contract from Indian lands may be restricted by the Approving Officer.
12(e) Removal of Property. The Purchaser shall remove all of his
improvements and other property within six months from the expiration
date of the contract except for improvements installed on roads as
provided in Section 10(c) herein or unless he is authorized by the
Approving Officer to leave such improvements. After that time, the
title to all improvements and to other property shall attach to the
land.
12(f) Sanitation. All improvements constructed or used by the
Purchaser on lands belonging to the Indians or the Government, such as
camps, mills and other structures, and the grounds adjacent thereto,
shall be maintained in clean and sanitary condition. Rubbish shall be
removed and properly buried or burned during the occupancy of such
structures. Upon the abandonment or removal of improvements, the sites
shall be thoroughly cleaned up and all rubbish and debris shall be
disposed of.
13. Other Conditions.
13(a) Other Sales Within Sale Area.
(1) Salvage Sales of Minor Volumes. Separate salvage sales of minor
volumes of timber covered by the contract may be made when the Approving
Officer and the Purchaser agree in writing that the scattered location
of single trees or small groups of trees to be salvaged cannot
reasonably be removed in the Purchaser's operations.
(2) Other Material. Other sales may be made within the sale area of
material not included in the terms of the Purchaser's contract, provided
such sales will not, in the judgment of the Approving Officer, cause
unreasonable Interference with operations of the Purchaser. Other
Purchasers may be required to provide improvements to
Purchaser-constructed roads in accordance with Section 10(d) herein.
13(b) Rights-of-Way. Rights-of-way may be granted to other parties
through any portion of this sale area during the life of the contract
provided such rights-of-way will not, in the judgment of the Approving
Officer, cause unreasonable interference with the operations of the
Purchaser.
13(c) Bureau of Indian Affairs Services. The Bureau of Indian
Affairs will furnish scaling, marking and other services within a basic
workweek of 8 hours per day for 5 days per week, exclusive of Sundays
and Government holidays, unless additional services are requested by the
Purchaser and approved by the Superintendent. The Purchaser shall pay
for additional services as required by the Act of 560730 (25 L.S.C.
407d).
13(d) Purchaser and Bureau of Indian Affairs Representatives on Sale
Area. At all times when construction or logging operations are in
progress, the Purchaser shall have a representative readily available in
the area of such operations who shall be authorized to receive in behalf
of the Purchaser any notices or instructions from the Officer in Charge
or other authorized representative of the Bureau of Indian Affairs in
regard to performance under the contract and to take such action thereon
as is required by the terms of the contract. Written designation of the
representative may be required by the Superintendent. At the request of
the Purchaser, the Superintendent shall designate in writing the name of
the Bureau of Indian Affairs representative who shall supervise
operations under the contract.
13(e) New Bond. Whenever any bond furnished to guarantee obligations
under the contract shall be unsatisfactory to the Approving Officer he
may require the Purchaser to furnish a new bond which shall be
satisfactory to the Approving Officer.
13(f) Indian Labor. The Purchaser shall employ Indian labor at the
same wages as other labor and in preference to other labor not already
in his employ whenever Indian labor seeks employment and is competent.
13(g) Financial Statements. At the close of each year used by the
Purchaser as a basis for his records, and no later than the date
specified by the Approving Officer, the Purchaser shall submit to the
Superintendent three copies each of a balance sheet, profit and loss
statement and detailed statement of operating costs and sales. The
statements shall be of a form satisfactory to the Commissioner, and
shall be certified by a certified public accountant and the Purchaser.
In addition to or in lieu of the statements by the Purchaser, the
Commissioner in his discretion may require the Purchaser to submit such
certified statements for his divisions and subsidiaries (wholly owned or
controlled) or his subcontractors which are engaged in operations under
the contract or in the manufacture or sale of products produced
thereunder. The statements shall be considered as confidential material
and shall be available only to Government employees whose official
duties require access to the information therein.
13(h) Purchaser's Records. Records pertaining to the logging,
manufacture and sales of material covered by the contract by the
Purchaser, his divisions and subsidiaries (wholly owned or controlled)
and his subcontractors, and such other records as it may be necessary to
review to confirm the statements submitted by the Purchaser, shall be
open to inspection at any reasonable time by the Commissioner, Bureau of
Indian Affairs, or the Approving Officer or any officer designated by
them for the purpose of obtaining information of the type used by the
Bureau of Indian Affairs in stumpage appraisals and adjustments. The
information so obtained shall be regarded as confidential and shall be
available only to Government employees whose official duties require
access to it. The right of inspection shall extend for a reasonable
time beyond the period of the contract to provide the Bureau of Indian
Affairs an opportunity to obtain relevant information for the full
contract period.
13(i) Maintenance of Order. The Purchaser shall comply with all laws
and regulations relating to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors.
13(j) Officials not to Benefit. No Member of, or Delegate to,
Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom unless
it is made with a corporation for its general benefit.
(490500)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinault INDIAN RESERVATION, Washington
KNOW ALL MEN BY THESE PRESENTS, that We the undersigned, hereby
request, authorize, and empower the Superintendent of the Western
Washington Indian Agency to enter into contract for the sale of the
timber upon the following-described lands: Lot 1 and Lot 9, Section 4,
Township 23 North, Range 13 West, Willamette Meridian the same being the
allotment of Sally Jones Quinault allottee No. 330, and authorize him to
perform every act necessary and requisite to the consummation of such
sale with the same validity as if We were personally present. Provided
that no such contract shall be made hereunder at stumpage rates per
thousand feet board measure of less than the following $10.25 per M
feet, B.M., for Pacific silver fir; $10.90 per M feet, B.M. for Sitka
spruce; $12.60 per M feet, B.M., for western redcedar; and $9.95 per M
feet, B.M., for Western hemlock and other species. and We do also
hereby agree to grant any contractor holding any contract hereunder and
in conformity herewith, reasonable right-of-way over the above-described
lands, or any other lands in which We hold any interest, provided We
shall receive reasonable compensation for any damage done or incurred
through such right-of-way. The Commissioner of Indian Affairs or his
representative shall definitely determine what shall be considered
reasonable damages.
We furthermore agree that the proceeds arising from the sale of this
timber may be disposed of in accordance with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration.
Place Hoquiam, Washington
Date 590611
Witnesses:
(ILLEGIBLE)
Vernon S. Halbert
(ILLEGIBLE)
Vernon S. Halbert
(ILLEGIBLE)
Vernon S. Halbert
Martin C Saux Martin Suax 15/120
Mitchell Sam Mitchell Sam 6/120
(ILLEGIBLE) Harry Sam 6/120
(ILLEGIBLE)
Vernon S. Halbert
Hazel Sam Hazel Sam 6/120
(ILLEGIBLE)
Vernon S. Halbert
Ruth Sam Ruth Sam 6/120
(ILLEGIBLE)
Vernon S. Halbert
Isabel Bertrand Waston Isabel Bertrand Watson 6/120
(ILLEGIBLE)
Vernon S. Halbert
Charley Howeattle Charley Howeattle 15/120
(ILLEGIBLE)
Vernon S. Halbert
Hazel Jones Hazel Jones 30/120
(ILLEGIBLE)
Vernon S. Halbert
(ILLEGIBLE) Nora James Barker 20/120
(ILLEGIBLE)
Vernon S. Halbert
Harvey Johnny James Harvey Johnny James 10/120
RECEIVED
600819
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Contract No. 14-20-0510-232(3)
Allotment No. 392
SUBSIDIARY ALLOTMENT TIMBER CONTRACT SALE OF ESTIMATED VOLUMES
Queets No. 1 Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
8 of the Act of 100625, (25 U.S.C. 406) the regulations contained in 25
CFR 141 and the terms and conditions of Timber Contract No.
14-20-0510-232, hereinafter called the Master Contract, covering the
logging unit within which this allotment is located.
2. Parties to the Contract. The parties to this contract are the
heirs of Sam Sam
, hereinafter called the Seller, as represented by the
Superintendent, Western Washington Indian Agency under the authority of
the attached power of attorney and Womer Bros, Logging Company Amanda
Park, Washington, hereinafter called the Purchaser.
3. Superintendent. The Superintendent of the Western Washington
Indian Agency, or his authorized representative, is hereinafter called
the Superintendent.
4. Timber Sold. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to buy, in accordance with the terms and conditions of
this contract, all the merchantable timber, living or dead, designated
for cutting by the Bureau of Indian Affairs within the boundaries of
this allotment. The estimated volumes of timber to be cut and the
stumpage rates to be paid, subject to any stumpage adjustment provisions
of the Master Contract, are:
Table not keyed, see original
The foregoing is an estimate only and shall not be construed as a
guarantee or a limitation of the volume to be designated for cutting.
The actual volume of timber designated for cutting in accordance with
the terms of this contract and the Bureau's approved procedures shall be
controlling, regardless of whether it is more or less than the above
estimate.
In addition to the timber specified above, this sale also includes
any other timber on this allotment which must be cut or removed in
clearing for roads, landings, camps and other improvements constructed
by the Purchaser and all other timber seriously damaged in logging
operations under this contract if, in the opinion of the Master Contract
Approving Officer, the timber is merchantable for any product in
accordance with customary standards and is present in sufficient
quantities to permit economic removal to existing markets.
5. Expiration Date. Unless this contract is extended by an
extension of the Master Contract, the Purchaser shall cut and pay for
all designated timber, and shall complete all other obligations on or
before the contract expiration date of 620712.
6. Allotment Description. This allotment is described as Lot 4,
Section 3, Township 23 North, Range 13 West, Willamette Meridian,
Washington comprising lands allotted to Sam Sam under the provisions of
the Act of 870207 (24 Stat. 388). The allotment contains approximately
19 acres of which approximately 19 acres are to be logged.
7. Terms and Conditions. All of the terms and conditions of the
Master Contract are incorporated herein by reference insofar as they are
applicable to the sale of allotment timber. Any changes in the stumpage
rates and any modifications, extensions of time or other changes in the
terms and conditions of the Master Contract are hereby made a part of
this contract insofar as they are applicable.
8. Special Provisions.
9. Effective Date. This contract shall become effective on the date
of approval. Signed and Sealed in sextuplet as of 600615
PURCHASER
Witnesses: Del Hanna Amanda Park, Wash.
Dean Fields Neilton, Wash.
WOMER BROS, LOGGING COMPANY Name of corporation, partnership or
individual
By James Womer Partner
APPROVAL Signed as authorized representative of Seller and Approved:
Name (Sgd) C W Ringey Title Superintendent
600810
If Purchaser is a corporation, the following certificate must be
executed:
I, , certify that I am the Secretary of the corporation named as the
Purchaser herein; that , who signed this contract was then of said
corporation; that said contract was duly signed for and in behalf of
said corporation by authority of its governing body, and is within the
scope of its corporate powers.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISIONS
Table not keyed see, original
The following Standard Timber Contract Provisions are hereby
prescribed for use in contracts for the sale of timber from Indian lands
except as otherwise provided by the Secretary of the Interior or his
authorized representative in particular sales.
1. Definitions. As used in these provisions and in the contract to
which they are attached:
1(a) "Approving Officer" means the officer approving the contract or
his authorized representative.
1(b) "Commissioner" means the Commissioner of Indian Affairs or his
authorized representative.
1(c) "Area Director" means the Area Director of the Bureau of Indian
Affairs Area within which the sale area is located, or his authorized
representative.
1(d) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the sale area, or
his authorized representative.
1(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the sale area.
1(f) "Seller" means the Indian tribe or the individual owner or
owners of the timber sold under the contract.
1(g) "Purchaser" means the purchaser of timber under the contract and
his successors in interest.
2. General Conditions.
2(a) Title and Risk of Loss. Title to the timber covered by the
contract shall not pass to the Purchaser until it has been paid for and
cut, except that in single payment sales based on tree measurement or
other estimate of total volume obtained prior to the sale, the title to
timber shall pass to the Purchaser when the sale contract has been
approved by the Approving Officer and the timber has been paid for.
Passage of title to the Purchaser shall not affect the Bureau of Indian
Affairs' right to control the movement of timber until the volume has
been determined. In the event any timber covered by the contract is
destroyed or damaged by fire, wind, flood, insects, diseases or other
cause to the extent that it is unmerchantable, the party holding title
to the timber shall bear the loss except as otherwise provided in
Section 11(e) herein with respect to Purchaser fires as defined in
Section 11(d) herein, and there shall be no obligation on the part of
the Bureau of Indian Affairs to designate, or on the part of the
Purchaser to accept and pay for, other timber in lieu of that destroyed
or damaged. If timber or products which have been paid for under this
contract are not removed from the sale area on or before the expiration
date of the contract, title shall revert to the Seller. Nothing in this
paragraph shall be construed to relieve either party of liability for
negligence.
2(b) Interpretation of Contract. The decision of the Approving
Officer shall prevail in the interpretation of the contract, subject to
the right of appeal prescribed in Section 2(j) herein.
2(c) Modification. The conditions of sale as set forth in the
contract may be modified only through an agreement in writing between
the Seller and the Purchaser. No modification shall become effective
until approved by the Approving Officer. When a surety bond has been
furnished by the Purchaser, he must, prior to approval of the
modification, either obtain a commitment from the surety to continue the
bond under the modification or furnish a new bond.
2(d) Assignment of Interest. The assignment by the Purchaser of any
or all of his interest under the contract shall not affect any of the
obligations of the parties or the Secretary under the contract until the
assignment has been approved by the Approving Officer after consultation
with the Seller. The party to whom an interest is assigned must provide
a bond as specified in the contract or obtain a commitment from the
previous surety to be bound by the assignment when approved. The
approval of an assignment by the Approving Officer shall not operate to
change the provisions of the contract. Unless otherwise provided for
therein, an assignment shall not relieve the assignor of any of the
responsibilities and liabilities under the contract.
2(e) Extension of time. An extension of time for the performance of
the contract may be granted to the Purchaser by the Approving Officer,
for reasons satisfactory to the Approving Officer, after consultation
with the Seller. Extensions of time shall be subject to such conditions
as the Approving Officer may impose. When a surety bond has been
furnished by the Purchaser, he must prior to any such extension, either
obtain a commitment from the surety to continue the bond during the
extension or he must furnish a new bond. Requests for extension of time
may be considered only if submitted in writing by the Purchaser to the
Superintendent prior to the expiration date of the contract.
2(f) Suspension of Operations. The Superintendent may, after written
notice to the Purchaser, suspend any or all of the Purchaser's
operations under the contract if the Purchaser violates any of the
requirements of the contract. Such suspension of operations may be
continued by the Superintendent until there is satisfactory compliance.
After written notice from the Approving Officer, continued failure to
comply with any of the requirements of the contract shall be grounds for
the revocation by the Approving Officer of all rights of the Purchaser
under the contract and the Purchaser shall be liable for all damages
resulting from his breach of contract as described in the following
section.
2(g) Failure To Complete Contract. In the event of failure to
complete all obligations assumed under the contract, the Purchaser shall
be liable for the depreciation in the value of the remaining timber and
for any costs or expenses incurred by or caused to the Seller or the
Government as a result of such failure, in an amount to be determined by
the Approving Officer.
2(h) Termination of Contract. The contract may be terminated at any
time by written agreement between the Seller and the Purchaser.
Termination agreements shall not become effective until approved by the
Approving Officer.
2(i) Disputes. Either of the parties to the contract may submit
complaints of any action or decision under the contract by the
Superintendent or the Officer in Charge in accordance with the following
procedure. Complaints shall be made in writing to the Superintendent.
If the Superintendent is not the Approving Officer of the contract and
the dispute is not resolved to the satisfaction of the parties, a
written complaint may then be submitted to the Area Director. If the
Area Director is not the Approving Officer and his decision is not
satisfactory to the parties, a complaint may be submitted in writing to
the Commissioner. Complaints shall be made within 30 days of the action
or decision in dispute unless the party making the complaint furnishes
reasons satisfactory to the officer receiving the complaint for granting
a longer period of time, in which case the officer may extend the period
for such length of time as he deems reasonable. Decisions of the
Approving Officer may be appealed to the Secretary in accordance with
the provisions of the following section.
2(j) Appeals. The parties to this contract may appeal, in accordance
with such rules and regulations as the Secretary of the Interior may
from time to time prescribe, any action or decision taken by the
Approving Officer or his superior officers. The decision of the
Secretary shall be final subject to lawful judicial remedies.
2(k) Bureau of Indian Affairs Representative. Notices, requests or
other action where formal written notice is required herein, or is
appropriate, shall be accepted for the Bureau of Indian Affairs by the
Superintendent.
3. Timber To Be Reserved. No timber may be cut except that which is
designated by the Officer in Charge. A strip of timber on each side of
streams, roads and trails, along lake shores, in the vicinity of camping
places and recreational or ceremonial grounds, and timber in immature
stands or other areas which should not be disturbed because of
silvicultural, watershed protection or other reasons, may be reserved in
which little or no cutting shall be allowed.
4. Payments and Deposits.
4(a) Method of Payment. The Purchaser shall pay for the timber
covered by the contract in advance of cutting, as a single payment or
installment payments in sales of predetermined volumes or in the form of
advance payments or advance deposits in sales of estimated volumes.
Payment shall be by certified check, cashier's check, bank draft or
postal money order, drawn payable to the Bureau of Indian Affairs, or in
cash. All payments shall be transmitted to the Superintendent.
4(b) Advance Payments on Allotment Timber. Advance payments are
partial payments of the estimated value of timber to be cut on each
allotment and are required in all sales of allotment timber unless the
full purchase price is paid before the contract is approved. Advance
payments may be paid to the allotment owner as soon as received and are
not refundable. Such payments shall be credited against the allotment
timber as it is cut and scaled, at the stumpage rates in effect at the
time of scaling. The Purchaser shall pay 15 percent of the estimated
value of the timber to be cut, computed at the bid rates, within 30 days
from the date of approval of each allotment contract and before cutting
begins. The Purchaser shall make additional advance payments of 15
percent of the estimated value within three years and 20 percent within
six years, if the contract extends beyond those periods. Advance
deposits previously applied against timber cut on the allotment shall be
included in computing the payments. The Approving Officer may, in his
discretion, reduce the original estimate of the volume of timber to be
cut on any allotment because of error of estimate, losses from fire or
other causes, or for similar reasons, but not because of depletion from
cutting. If the advance payments on any allotment exceed the total
value of the timber cut on that allotment by the Purchaser, the amount
of the advance payments shall be declared to be the value of the timber
so cut.
4(c) Advance Deposits. Advance deposits are used in sales of
estimated volumes to maintain an operating balance against which the
value of the timber to be cut from either tribal or allotted lands will
be charged. The unobligated balance of advance deposits may be refunded
pursuant to Section 4(c) (3) herein. The Purchaser shall make advance
deposits in such amounts and at such times as called for by the
Superintendent. The amount of any advance deposit shall not be less
than the minimum amount specified in the contract, except as provided in
Section 4(c) (2) herein. The Purchaser shall not be required to provide
an advance deposit balance at any time of more than three times the
amount of the minimum advance deposit specified in the contract. The
estimated value of timber cut but not yet scaled shall be deducted from
the advance deposits then in the hands of the Superintendent in
computing the advance deposit balance. Advance deposits shall be
applied to timber cut from tribal lands and shall be applied to
allotment timber only after the advance payments on the allotment being
cut have been exhausted. Advance payments on allotment timber shall not
operate to reduce the size of the advance deposits that may be required
by the Superintendent.
(1) Suspension of Operations. If advance deposits are not received
within 15 days of written request therefor, or if at any time the
balance of advance deposits is reduced to one-third of the required
minimum advance deposit, the Superintendent may suspend all or any part
of the operations until the requested advance deposit is received.
(2) Reduction of Advance Deposits. The Superintendent may reduce the
minimum size of the last advance deposit before completion of the sale
or before periods of approximately three months or longer during which
no timber cutting is anticipated.
(3) Refund of Advance Deposits. If the balance of advance deposits
at the time cutting operations are suspended for approximately three
months or longer is in excess of one-third of the minimum advance
deposit specified in the contract, such excess may be refunded at the
request of the Purchaser and in the discretion of the Superintendent.
However, no refund shall be made if an unexcused deficiency in minimum
cutting requirements exists. Final refund of the total unobligated
balance of advance deposits shall be authorized by the Approving Officer
after all the terms of the contract have been satisfactorily completed.
5. Utilization.
5(a) Sales of Estimated Volumes. In sales in which the volume of
timber is to be determined by measurement of cut products, timber shall
be cut to utilize fully the merchantable material and to yield the
maximum stumpage value. Timber cut into lengths or products of lesser
value shall be scaled as if cut to yield the maximum value of products
covered by the contract. Stumps shall be cut as low as practicable to
avoid waste. The mean height of any stump shall not exceed one-half of
its diameter, except that where this height is considered to be
impracticable higher stumps may be authorized by the Officer in Charge.
Stumps which exceed the maximum height shall be paid for by the
Purchaser at the rates per stump specified in the contract, which
charges, in view of the difficulty of determining the actual damage to
the Seller, shall be regarded as fixed, agreed and liquidated damages.
In addition, the Officer in Charge may require the Purchaser to recut
such stumps to the maximum allowable height.
5(b) Sales of Predetermined Volumes. In sales in which the volume of
timber sold was determined prior to the sale, the Officer in Charge may
require the Purchaser to recut stumps which exceed the maximum height as
defined in Section 5(a). In these sales, the Purchaser is expected to
practice full utilization but no charge shall be made for poor
utilization of timber represented by the predetermined volumes.
6. Cutting Schedule. In sales of estimated volumes, if the actual
volume of timber designated for cutting exceeds the estimated volume
shown in the contract by such an amount that the contract limitation on
the maximum annual cut prevents the Purchaser from cutting all
designated timber prior to the date specified in the contract, the
Approving Officer, after consultation with the Purchaser and the Seller,
shall in his discretion, either increase the maximum annual cut or
extend the contract or both, subject to such conditions as he deems most
equitable to both parties.
6(a) Minimum Volume. The minimum volume required by the contract
shall be cut and paid for each year from the sale area. During the last
calendar year of the contract, the actual volume of timber designated
for cutting shall be controlling if less than the minimum volume
required.
(1) Relief From Minimum Requirements. The Approving Officer, at the
request of the Purchaser and after consultation with the Seller, may
relieve the Purchaser in whole or in part from the minimum annual
cutting and paying requirements when, in the opinion of the Approving
Officer, the Purchaser is prevented by factors beyond his control from
meeting the minimum cutting requirements or when such relief is in the
best interest of the Seller.
(2) Payment for Deficiencies. If the Purchaser fails to meet the
minimum cutting requirements and no relief is granted, the volume of
timber scaled during the following calendar year shall not be applied to
the minimum requirements for that year until the existing deficiency has
been made up. All timber scaled during each quarter-annual period
beginning 000101, 000401, 000701 and 001001 in which a deficiency
occurred or at the rates in at the stumpage rates in effect on December
31 of the year in which the deficiency occurred or at the rates in
effect at the time of scaling, whichever are the higher.
6(b) Maximum Volume. The volume of timber cut on the sale area
during any calendar year, not including the cutting deficiencies from
any previous year or years or the volume of timber salvaged pursuant to
Section 6(c) herein, shall not exceed the maximum volume specified in
the contract without the consent of the Approving Officer after
consultation with the Seller. Logging performance in any calender year
beyond the minimum required therefor shall not be applied against the
cutting requirements of subsequent calendar years unless authorized by
the Approving Officer after consultation with the Seller.
6(c) Salvage of Damaged Timber. As used in this section, "Damaged
timber" shall include any timber within the unit of the species and
minimum merchantability specified in the contract which is damaged but
not rendered unmerchantable by insects, disease, windthrow or
non-Purchaser fires subsequent to the date the contract is approved. In
contracts for the sale of predetermined volumes in which minimum
merchantability standards are not specified, merchantability shall be
determined in accordance with customary standards. The Purchaser shall
cut and pay for damaged timber as expeditiously as possible and as the
Approving Officer may direct. If, in the opinion of the Approving
Officer, additional salvage operations are necessary to prevent losses
to the Indian owners, he may offer all or part of the damaged timber for
sale under one or more separate contracts.
7. Volume Determination. The term "scaling," as used in these
Provisions, may include scaling by log rule, measuring, counting,
weighing, tree measurement before felling or any other reasonable method
prescribed by the Approving Officer.
7(a) Bureau of Indian Affairs To Scale. All timber covered by the
contract shall be scaled by authorized employees of the Bureau of Indian
Affairs.
7(b) Convenience in Scaling. The Purchaser shall roll out, deck or
otherwise present products in a manner suitable for economical scaling
as the Officer in Charge may reasonably direct. The points at which
products shall be presented for scaling shall be designated by the
Officer in Charge and may include the place where cut, a landing or
point of shipment, or other points. Products shall not be moved from
the designated scaling point until they have been scaled, and until they
have been stamped, numbered or otherwise released by the Officer in
Charge. Products that are moved contrary to the instructions of the
Officer in Charge shall be paid for by the Purchaser at double the
contract stumpage rates. The Officer in Charge may require that
products be decked, stacked or otherwise held for scaling when the
average daily volume produced is too small to permit economical scaling.
7(c) Scaling Logs. The Scribner Decimal C log rule shall be used in
scaling all logs. The log rule shall be read to the nearest inch on the
average diameter inside bark at the small end of the log. The maximum
scaling length of a single log shall be 16 feet. All logs exceeding the
maximum scaling length shall be scaled as two or more logs. The
following allowance shall be made for trimming:
Trimming Allowance (Inches) Log Length: 8 to 20 feet 6 22 to 34 feet
12 36 feet and longer 14
Logs overrunning the trim allowance shall be scaled to the next
standard one-foot length. Deductions shall be made from the gross
volume for rot, shake, hollow, check, sweep, crook or other visible
defects, but no deduction shall be made for blue stain when not
accompanied by other evidence of deterioration or for any defect or
damage due to the carelessness of the Purchaser. Products presented for
scaling in other than sawlog form shall be scaled as provided in the
contract.
7(d) Unmerchantable Material. Material which is more defective than
the minimum merchantable percentage and material smaller than the
minimum merchantable size, as specified in the contract, shall be culled
if left in the woods, but any such material that is taken for
manufacture or sale shall be scaled for its actual sound contents.
7(e) Scaling Waste Material. Waste in long butts, tops, broken and
partially sound logs, in other products, and in all trees designated for
cutting which are not cut or which are left felled, lodged or badly
damaged by the logging operations shall be paid for by the Purchaser at
the contract stumpage rates, except that no additional charge shall be
made for such waste material in trees the volume of which was determined
prior to the sale. The Purchaser may be required to pay at double the
contract stumpage rates for merchantable timber not designated for
cutting which is cut or seriously injured through carelessness. If
timber is injured to the extent that, in the opinion of the Officer in
Charge, it will constitute a hazzard to residual trees if not removed,
the Purchaser may be required to remove such timber. Any waste material
which is paid for shall become the property of the Purchaser and may be
removed from the sale area at any time prior to the expiration date of
the contract.
7(f) Marking Products. When a separate record of the volume of
timber cut from allotments or other areas is required by the Bureau of
Indian Affairs, the Purchaser shall mark all unscaled products with
distinctive brands, as directed by the Officer in Charge, to permit
positive identification of the products with the land from which they
were cut.
7(g) Scale Reports. A copy of each 10-day scale report showing the
number of pieces and the volume and value of all products scaled under
the contract during the reporting period shall be furnished to the
Purchaser by the Superintendent. A copy of each Report of Timber Cut
showing the volume and value of timber scaled and the balances in
advance payments and advance deposits shall be furnished to the
Purchaser.
7(h) Purchaser's Check Scale. The Purchaser may arrange with the
Bureau of Indian Affairs scaler, through the Officer in Charge, for a
check scaler employed by the Purchaser to compare his scale with that of
the Bureau of Indian Affairs scaler, at hours convenient to the Officer
in Charge.
8. Logging Requirements.
8(a) Logging Plans. The Approving Officer may require the Purchaser
to present seasonal plans of logging operations for approval before
operations begin. When a logging plan has been approved there shall be
no substantial departure from it without the written consent of the
officer who approved the plan. The areas to be logged in any season may
be designated by the Approving Officer when, in his judgement, such
action is necessary to prevent deterioration of timber from fire,
insects, disease or other cause, or to insure that the sale area is
logged in such a manner as to protect fully the interest of the Seller
and the Government. The Officer in Charge may require the Purchaser to
complete logging operations begun on an allotment or on a natural
topographic unit before operations are moved to another part of the sale
area.
8(b) Logging Methods. The Purchaser's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
8(c) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the sale area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams desingnated by the Officer in Charge. Streams
shall not be polluted by sawdust, oil or other refuse. In this
subsection, "streams" shall include both flowing an intermittent water
courses.
8(d) Soil Ersion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Purchaser may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Purchaser, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
9. Slash and Snags.
9(a) Treatment of Slash. The treatment of slash shall be
accomplished by the Purchaser concurrently with other phases of logging
operations. Slash shall mean limbs, tops, damaged young growth and
other material up to 4 inches in diameter resulting from logging, road
construction or other operations by the Purchaser.
9(b) Burning Slash. The Purchaser shall lop and pile all slash
compactly for burning. Slash piles shall be placed a sufficient
distance from reserved trees and reproduction to prevent unnecessary
damage in burning. The Purchaser shall burn slash in such a manner and
at such times as the Officer in Charge may direct. Whenever the
Purchaser allows fire to run through slash, except in compliance with
the instructions of the Officer in Charge, the Purchaser may be required
to lop and scatter or repile and reburn the slash. The Purchaser shall
make every reasonable effort to control and suppress all fires which may
spread from his slash burning operations, but he shall not be held
liable for damages caused by slash burning operations conducted in
compliance with the instructions of the Officer in Charge unless such
damages are due to the Purchaser's carelessness or negligence in the
execution of instructions. The Purchaser may be reimbursed for his
costs in suppressing slash fires not due to his carlessneess or neglect.
9(c) Snag Felling. The Purchaser shall fell all unmerchantable dead
trees, within the area cutover, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed in each part of the sale area as soon as practicable
after skidding and before the slash is burned, if burning is required.
The Purchaser may be relieved of snag felling requirements on
specifically designated areas by the Superintendent at the request of
the tribal governing body on unallotted lands or at the request of the
Indian owners on allotted lands.
10. Transportation Facilities.
10(a) Authorization. The Purchaser is authorized to construct and
maintain on the contracted area and on other unallotted Indian lands
such roads, bridges and other transportation facilities as are necessary
for logging operations under the contract, subject to applicable
regulations and such conditions as the Approving Officer may impose.
Construction of transportation facilities shall not convey the right of
exclusive use to the Purchaser. In these Provisions, "construction"
shall also include reconstruction.
10(b) Road Construction. The location and design of all roads to be
constructed by the Purchaser shall minimize damage to Indian lands. The
Approving Officer may, before construction begins, require approval of
road locations and design by inspection or through the submission of
plans and specifications for the location and design of roads and
appurtenant structures.
10(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Purchaser's operations.
(1) Existing Bureau of Indian Affairs Roads. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Purchaser uses existing Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Purchaser and the Superintendent. In the event of
disagreement, the determination shall be made by the Superintendent.
(2) Roads Constructed by Purchaser. Main roads which are constructed
by the Purchaser and which are designated by the Approving Officer as
roads that will be used as principal access for subsequent
administration, management or protection of Indian timber shall be
maintained by the Purchaser to prevent deterioration in periods of
non-use during the life of the contract. Required maintenance may
include blading the surface to remove ruts and other obstructions to
surface drainage, cleaning drainage ditches, cleaning and repairing
drainage structures or other action prescribed by the Officer in Charge.
Similar maintenance may be required on such designated roads prior to
abandonment.
10(d) Use by Other Parties. Roads constructed by the Purchaser under
authority of the contract or on rights-of-way held by the Bureau of
Indian Affairs may be used by other parties as authorized by the
Approving Officer, provided that, in the opinion of the Approving
Officer, the use by other parties will not cause unreasonable
interference with the operations of the Purchaser. Such other parties
shall provide improvements and maintenance to the roads as may be
reasonable and equitable to prevent appreciable increases in the
Purchaser's costs of operation as a result of joint use. The extent of
such obligations shall be agreed upon by the parties concerned, subject
to a final determination by the Approving Officer if the parties
disagree.
10(e) Improvements. All bridges, drainage structures, cattle guards
or other improvements installed on any road by the Purchaser shall be
left intact at the completion of logging operations, unless the removal
of such improvements is authorized or required by the Approving Officer.
11. Fire Prevention and Suppression.
11(a) Fire Plans. When requested by the Approving Officer, the
Purchaser shall prepare, in cooperation with the Officer in Charge, a
plan for the prevention and suppression of fires on the sale area for
the approval of the Approving Officer. The plan shall fully reflect the
Purchaser's fire protection obligations under the contract. Neither the
approval of the plan nor anything contained therein shall relieve the
Purchaser from any responsibility under the term of the contract.
11(b) Fire Precautions. The Purchaser shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Approving Officer to meet the fire
protection requirements of the contract and the existing fire danger.
The requirements shall not be less than are required under the laws of
the State in which the sale area is located.
11(c) Fire Suppression. The Purchaser shall take immediate and
independent initial fire suppression action on all fires on the sale
area and shall use all necessary manpower and equipment at his disposal,
including the employees and equipment of his subcontractors engaged on
or near the sale area in construction or in logging, removing or
processing timber. When called upon by the Officer in Charge, the
Purchaser shall make available any or all of his manpower and equipment,
including that of his subcontractors, for hire by the Bureau of Indian
Affairs and to work under the direction of any authorized employee of
the Bureau of Indian Affairs in the suppression of any fire on or
threatening Indian lands.
11(d) Fire Suppression Costs.
(1) Purchaser fires. If the Purchaser, his employees, his
subcontractors or their employees, are responsible by act or neglect for
the origin or spread of a fire, hereinafter called a Purchaser fire, the
Purchaser shall pay all the costs of fire suppression, including those
incurred by the Bureau of Indian Affairs.
(2) Non-Purchaser Fires. Fires for which the Purchaser or his
employees, his subcontractors or their employees, are in no way
responsible by act or neglect are hereinafter called non-Purchaser
fires. The Purchaser's cost of suppressing such fires shall be computed
at rates established by the Bureau of Indian Affairs.
On the sale area the Purchaser shall pay one-half of the total
suppression costs of non-Purchaser fires, provided that the Purchaser's
obligation shall be limited in any calender year to a maximum of one
percent of the total estimated value of the timber covered by the
contract computed at the estimated volumes and the bid rates shown in
the contract. In the event that other sales are made within the sale
area in accordance with Section 13(a) herein, the Purchaser shall share
the obligation to pay one-half of the total suppression costs of
non-Purchaser fires according to the relationship of the total estimated
value of the timber covered by each contract to the total estimated
value of the timber covered by all of the contracts. However, if a fire
is determined to be a Purchaser fire with respect to one of the
Purchasers, he shall be liable for all of the suppression costs of other
Purchasers on the sale area.
Outside the sale area, the Purchaser shall be reimbursed for all of
his costs in suppressing non-Purhcaser fires.
The provisions of this section shall not be construed as relieving
the Purchaser of fire suppression costs for which he is otherwise liable
under State law.
11(e) Liability for Fire Damage. The Purchaser shall pay for all
damages caused by a Purchaser fire to timber or any other property of
the Indians or the Government in an amount to be determined by the
Approving Officer. The Purchaser's liability for losses sustained by
the Indians or the Government from non-Purchaser fires shall be in
accordance with the provisions of Section 6(c) herein.
12. Improvements.
12(a) Existing Improvements. The Purchaser may be given permission
to use existing improvements which are already on lands covered by the
contract and which are necessary for his logging operations under the
contract, subject to applicable regulations and such conditions as the
Approving Officer may impose. All telephone lines, fences, roads,
trails and other improvements shall be protected as far as possible in
all phases of the Purchaser's operations and, whenever they are damage,
the Purchaser may be required to repair them promptly to as good
condition as before the damage.
12(b) Damage to Land and Other Property. Damage to land or other
property of the Indians or the Government which cannot be repaired shall
be paid for by the Purchaser in an amount to be determined by the
Approving Officer. In determining the amount of such damages, the
Approving Officer shall consider the value of any permanent improvement
made to the land by the Purchaser.
12(c) Construction of Improvements. The Purchaser, with the approval
of the Approving Officer and subject to such conditions as he may impose
and to applicable regulations, may construct on lands covered by the
contract such improvements as are necessary for his operations under the
contract.
12(d) Use of Timber. Fuelwood and improvements shall be made as far
as practicable from unmerchantable timber and such material shall not be
charged to the Purchaser. The use of any material not covered by the
contract from Indian lands may be restricted by the Approving Officer.
12(e) Removal of Property. The Purchaser shall remove all of his
improvements and other property within six months from the expiration
date of the contract except for improvements installed on roads as
provided in Section 10(e) herein or unless he is authorized by the
Approving Officer to leave such improvements. After that time, the
title to all improvements and to other property shall attach to the
land.
12(f) Sanitation. All improvements constructed or used by the
Purchaser on lands belonging to the Indians or the Government, such as
camps, mills and other structures, and the grounds adjacent thereto,
shall be maintained in a clean and sanitary condition. Rubbish shall be
removed and properly buried or burned during the occupancy of such
structures. Upon the abandonment or removal of improvements, the sites
shall be thoroughly cleaned up and all rubbish and debris shall be
disposed of.
13. Other Conditions.
13(a) Other Sales Within Sale Area.
(1) Salvage Sales of Minor Volumes. Separate salvage sale of minor
volumes of timber covered by the contract may be made when the Approving
Officer and the Purchaser agree in writing that the scattered location
of single trees or small groups of trees to be salvaged cannot
reasonably be removed in the Purchaser's operations.
(2) Other Material. Other sales may be made within the sale area of
material not included in the terms of the Purchaser's contract, provided
such sales will not, in the judgment of the Approving Officer, cause
unreasonable interference with operations of the Purchaser. Other
Purchasers may be required to provide improvements to
Purchaser-constructed roads in accordance with Section 10(d) herein.
13(d) Rights-of-Way. Rights-of-way may be granted to other parties
through any portion of this sale area during the life of the contract
provided such rights-of-way will not, in the judgment of the Approving
Officer, cause unreasonable interference with the operations of the
Purchaser.
13(c) Bureau of Indian Affairs Services. The Bureau of Indian
Affairs will furnish scaling, marking and other services within a basic
workweek of 8 hours per day for 5 days per week, exclusive of Sundays
and Government holidays, unless additional services are requested by the
Purchaser and approved by the Superintendent. The Purchaser shall pay
for additional services as required by the Act of 560730 (25 U.S.C.
407d).
13(d) Purchaser and Bureau of Indian Affairs Representatives on Sale
Area. At all times when construction or logging operations are in
progress, the Purchaser shall have a representative readily available in
the area of such operations who shall be authorized to receive in behalf
of the Purchaser any notices or instructions from the Officer in Charge
or other authorized representative of the Bureau of Indian Affairs in
regard to performance under the contract and to take such action thereon
as is required by the terms of the contract. Written designation of the
representative may be required by the Superintendent. At the request of
the Purchaser, the Superintendent shall designate in writing the name of
the Bureau of Indian Affairs representative who shall supervise
operations under the contract.
13(e) New Bond. Whenever any bond furnished to guarantee obligations
under the contract shall be unsatisfactory to the Approving Officer he
may require the Purchaser to furnish a new bond which shall be
satisfactory to the Approving Officer.
13(f) Indian Labor. The Purchaser shall employ Indian labor at the
same wages as other labor and in preference to other labor not already
in his employ whenever Indian labor seeks employment and is competent.
13(g) Financial Statements. At the close of each year used by the
Purchaser as a basis for his records, and no later than the date
specified by the Approving Officer, the Purchaser shall submit to the
Superintendent three copies each of a balance sheet, profit and loss
statement and detailed statement of operating costs and sales. The
statements shall be of a form satisfactory to the Commissioner, and
shall be certified by a certified public accountant and the Purchaser.
In addition to or in lieu of the statements by the Purchaser, the
Commissioner in his discretion may require the Purchaser to submit such
certified statements for his divisions and subsidiaries (wholly owned or
controlled) or his subcontractors which are engaged in operations under
the contract or in the manufacture or sale of products produced
thereunder. The statements shall be considered as confidential material
and shall be available only to Government employees whose official
duties require access to the information therein.
13(h) Purchaser's Records. Records pertaining to the logging,
manufacture and sale of material covered by the contract by the
Purchaser, his divisions and subsidiaries (wholly owned or controlled)
and his subcontractors, and such other records as it may be necessary to
review to confirm the statements submitted by the Purchaser, shall be
open to inspection at any reasonable time by the Commissioner, Bureau of
Indian Affairs, or the Approving Officer or any officer designated by
them for the purpose of obtaining information of the type used by the
Bureau of Indian Affairs in stumpage appraisals and adjustments. The
information so obtained shall be regarded as confidential and shall be
available only to Government employees whose official duties require
access to it. The right of inspection shall extend for a reasonable
time beyond the period of the contract to provide the Bureau of Indian
Affairs an opportunity to obtain relevant information for the full
contract period.
13(i) Maintenance of Order. The Purchaser shall comply with all laws
and regulations relating to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors.
13(j) Officials not to Benefit. No Member of, or Delegate to,
Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom unless
it is made with a corporation for its general benefit.
(490500)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinault INDIAN RESERVATION, Washington
KNOW ALL MEN BY THESE PRESENTS, that We the undersigned, hereby
request, authorize, and empower the Superintendent of the Western
Washington Indian Agency to enter into contract for the sale of the
timber upon the following-described lands:
Lot 4, Section 4, Township 23 North, Range 13 West, Willamette
Meridian the same being the allotment of Sam Sam
Quinault allottee No. 392, and authorize him to perform every act
necessary and requisite to the consummation of such sale with the same
validity as if We were personally present. Provided that no such
contract shall be made hereunder at stumpage rates per thousand feet
board measure of less than the following $10.25 per M feet, B.M. for
Pacific silver fir; $10.90 per M feet, B.M. for Sitka spruce; $12.60
per M feet, B.M., for western redcedar; and $9.95 per M feet, B.M., for
western hemlock and other species and We do also hereby agree to grant
any contractor holding any contract hereunder and in comformity
herewith, reasonable right-of-way over the above-described lands, or
other lands in which We hold any interest, provided We shall receive
reasonable compensation for any damage done or incurred through such
right-of-way. The Commissioner of Indian Affairs or his representative
shall definitely determine what shall be considered reasonable damages.
We furthermore agree that the proceeds arising from the sale of this
timber may be disposed of in accordance with the regulations of the
Department of the Interior including those providing for the payment of
the cost of administration.
Place Hoquiam, Washington
Date 590611
Witnesses: Annie E. Paskkones Vernon S. Halbert Annie E. Puakkonin
Vernon S. Halbert Annie E. Puakkonin Vernon S. Halbert Mitchell Sam
Harry Sam 36/90 Hazel Sam 6/90 Annie E. Paokkonen Vernon S. Halbert
Annie E. Paokkones Vernon S. Halbert Ruth Sam 6/90 Isabel Bertrand
Watson Isabel Bertrand Watson 6/90
RECEIVED 600808
Form 5-611A
591000
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Contract No. 14-20-0510 - 232(4)
Allotment No. 1884
SUBSIDIARY ALLOTMENT TIMBER CONTRACT SALE OF ESTIMATED VOLUMES
Queets No. 1 Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406), the regulations contained in 25
CFR 141 and the terms and conditions of Timber Contract No.
14-20-0510-232, hereinafter called the Master Contract, covering the
logging unit within which this allotment is located.
2. Parties to the Contract. The parties to this contract are
Theodore Hudson, Jr. hereinafter called the Seller, as represented by
the Superintendent, Western Washington Indian Agency under the authority
of the attached power of attorney and Womer Bros. Logging Company Amanda
Park, Washington, hereinafter called the Purchaser.
3. Superintendent. The Superintendent of the Western Washington
Indian Agency, or his authorized representative, is hereinafter called
the Superintendent.
4. Timber Sold. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to buy, in accordance with the terms and conditions of
this contract, all the merchantable timber, living or dead, designated
for cutting by the Bureau of Indian Affairs within the boundaries of
this allotment. The estimated volumes of timber to be cut and the
stumpage rates to be paid, subject to any stumpage adjustment provisions
of the Master Contract, are:
Table not keyed, see original
The foregoing is an estimate only and shall not be construed as a
guarantee or a limitation of the volume to be designated for cutting.
The actual volume of timber designated for cutting in accordance with
the terms of this contract and the Bureau's approved procedures shall be
controlling, regardless of whether it is more or less the above
estimate.
In addition to the timber specified above, this sale also includes
any other timber on this allotment which must be cut or removed in
clearing for roads, landings, camps and other improvements constructed
by the Purchaser and all other timber seriously damaged in logging
operations under this contract if, in the opinion of the Master Contract
Approving Officer, the timber is merchantable for any product in
accordance with customary standards and is present in sufficient
quantities to permit economic removal to existing markets.
5. Expiration Date. Unless this contract is extended by an
extension of the Master Contract, the Purchaser shall cut and pay for
all designated timber, and shall complete all other obligations on or
before the contract expiration date of 620712
6. Allotment Description. This allotment is described as Lot 15,
Section 4, Township 23 North, Range 13 West, Williamette Meridan,
Washington comprising lands allotted to Theodore Hudson, Jr. under the
provisions of the Act of 870208 (24 Stat. 388). The allotment contains
approximately 40 acres of which approximately 40 acres are to be logged.
7. Terms and Conditions. All of the terms and conditions of the
Master Contract are incorporated herein by reference insofar as they are
applicable to the sale of allotment timber. Any changes in the stumpage
rates and any modifications, extensions of time or other changes in the
terms and conditions of the Master Contract are hereby made a part of
this contract insofar as they are applicable.
8. Special Provisions.
9. Effective Date. This contract shall become effective on the date
of approval.
Signed and Sealed in sextuplet as of
PURCHASER
Witnesses:
Del Hanna Amanda Park, Wash.
(ILLEGIBLE)
Neilton, Wash.
WOMER BROS. LOGGING COMPANY Name of corporation, partnership or
individual
By James Womer James Womer, Partner
SELLER
APPROVAL
(2)Signed as authorized representative of Seller and Approved:
Name (Sgd) C. W. Ringer
Title Superintendent
600810
(Date)
If Purchaser is a corporation, the following certificate must be
executed:
I, certify that I am the Secretary of the corporation named as the
Purchaser herein; that who signed this contract was then of said
corporation; that said contract was duly signed for and in behalf of
said corporation by authority of its governing body, and is within the
scope of its corporate powers.
(Signature)
(1) If allottee has not executed a power of attorney, he signs here
and the wording in italic at (2) is deleted.
(2)If allottee has authorized the Superintendent to act for him, no
deletion is necessary and signature space at (1) is left blank.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISIONS
Index not keyed, see original
The following Standard Timber Contract Provisions are hereby
prescribed for use in contracts for the sale of timber from Indian lands
except as otherwise provided by the Secretary of the Interior or his
authorized representative in particular sales.
1. Definitions. As used in these provisions and in the contract to
which they are attached:
1(a) "Approving Officer" means the officer approving the contract or
his authorized representative.
1(b) "Commissioner" means the Commissioner of Indian Affairs or his
authorized representative.
1(c) "Area Director" means the Area Director of the Bureau of Indian
Affairs Area within which the sale area is located, or his authorized
representative.
1(d) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the sale area, or
his authorized representative.
1(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the sale area.
1(f) "Seller" means the Indian tribe or the individual owner or
owners of the timber sold under the contract.
1(g) "Purchaser" means the purchaser of timber under the contract and
his successors in interest.
2. General Conditions.
2(a) Title and Risk of Loss. Title to the timber covered by the
contract shall not pass to the Purchaser until it has been paid for and
cut, except that in single payment sales based on tree measurement or
other estimate of total volume obtained prior to the sale, the title to
timber shall pass to the Purchaser when the sale contract has been
approved by the Approving Officer and the timber has been paid for.
Passage of title to the Purchaser shall not affect the Bureau of Indian
Affairs' right to control the movement of timber until the volume has
been determined. In the event any timber covered by the contract is
destroyed or damaged by fire, wind, flood, insects, diseases or other
cause to the extent that it is unmerchantable, the party holding title
to the timber shall bear the loss except as otherwise provided in
Section 11(e) herein with respect to Purchaser fires as defined in
Section 11(d) herein, and there shall be no obligation on the part of
the Bureau of Indian Affairs to designate, or on the part of the
Purchaser to accept and pay for, other timber in lieu of that destroyed
or damaged. If timber or products which have been paid for under this
contract are not removed from the sale area on or before the expiration
date of the contract, title shall revert to the Seller. Nothing in this
paragraph shall be construed to relieve either party of liability for
negligence.
2(b) Interpretation of Contract. The decision of the Approving
Officer shall prevail in the interpretation of the contract, subject to
the right of appeal prescribed in Section 2(j) herein.
2(c) Modification. The conditions of sale as set forth in the
contract may be modified only through an agreement in writing between
the Seller and the Purchaser. No modification shall become effective
until approved by the Approving Officer. When a surety bond has been
furnished by the Purchaser, he must, prior to approval of the
modification, either obtain a commitment from the surety to continue the
bond under the modification or furnish a new bond.
2(d) Assignment of Interest. The assignment by the Purchaser of any
or all of his interest under the contract shall not affect any of the
obligations of the parties or the Secretary under the contract until the
assignment has been approved by the Approving Officer after consultation
with the Seller. The party to whom an interest is assigned must provide
a bond as specified in the contract or obtain a commitment from the
previous surety to be bound by the assignment when approved. The
approval of an assignment by the Approving Officer shall not operate to
change the provision of the contract. Unless otherwise provided for
therein, an assignment shall not relieve the assignor of any of the
responsibilities and liabilities under the contract.
2(e) Extension of time. An extension of time for the performance of
the contract may be granted to the Purchaser by the Approving Officer,
for reasons satisfactory to the Approving Officer, after consultation
with the Seller. Extensions of time shall be subject to such conditions
as the Approving Officer may impose. When a surety bond has been
furnished by the Purchaser, he must prior to any such extension, either
obtain a commitment from the surety to continue the bond during the
extension or he must furnish a new bond. Requests for extension of time
may be considered only if submitted in writing by the Purchaser to the
Superintendent prior to the expiration date of the contract.
2(f) Suspension of Operations. The Superintendent may, after written
notice to the Purchaser, suspend any or all of the Purchaser's
operations under the contract if the Purchase violates any of the
requirements of the contract. Such suspension of operations may be
continued by the Superintendent until there is satisfactory compliance.
After written notice from the Approving Officer, continued failure to
comply with any of the requirements of the contract shall be grounds for
the revocation by the Approving Officer of all rights of the Purchaser
under the contract and the Purchaser shall be liable for all damages
resulting from his breach of contract as described in the following
section.
2(g) Failure To Complete Contract. In the event of failure to
complete all obligations assumed under the contract, the Purchaser shall
be liable for the depreciation in the value of the remaining timber and
for any costs or expenses incurred by or caused to the Seller or the
Government as a result of such failure, in an amount to be determined by
the Approving Officer.
2(h) Termination of Contract. The contract may be terminated at any
time by written agreement between the Seller and the Purchaser.
Termination agreements shall not become effective until approved by the
Approving Officer.
2(i) Disputes. Either of the parties to the contract may submit
complaints of any action or decision under the contract by the
Superintendent or the Officer in Charge in accordance with the following
procedure. Complaints shall be made in writing to the Superintendent.
If the Superintendent is not the Approving Office, of the contract and
the dispute is not resolved to the satisfaction of the parties, a
written complaint may then be submitted to the Area Director. If the
Area Director is not the Approving Officer and his decision is not
satisfactory to the parties, a complaint may be submitted in writing to
the Commissioner. Complaints shall be made within 30 days of the action
or decision in dispute unless the party making the complaint furnishes
reasons satisfactory to the officer receiving the complaint for granting
a longer period of time, in which case the officer may extend the period
for made for poor utilization of timber represented by the predetermined
volumes.
6. Cutting Schedule. In sales of estimated volumes, if the actual
volume of timber designated for cutting exceeds the estimated volume
shown in the contract by such amount that the contract limitation on the
maximum annual cut prevents the Purchaser from cutting all designated
timber prior to the date specified in the contract, the Approving
Officer, after consultation with the Purchaser and the Seller, shall in
his discretion, either increase the maximum annual cut or extend the
contract or both, subject to such conditions as he deems most equitable
to both parties.
6(a) Minimum Volume. The minimum volume required by the contract
shall be cut and paid for each year from the sale area. During the last
calendar year of the contract, the actual volume of timber designated
for cutting shall be controlling if less than the minimum volume
required.
(1) Relief From Minimum Requirements. The Approving Officer, at the
request of the Purchaser and after consultation with the Seller, may
relieve the Purchaser in whole or in part from the minimum annual
cutting and paying requirements when, in the opinion of the Approving
Officer, the Purchaser is prevented by factors beyond his control from
meeting the minimum cutting requirements or when such relief is in the
best interest of the Seller.
(2) Payment for Deficiencies. If the Purchaser fails to meet the
minimum cutting requirements and no relief is granted, the volume of
timber scaled during the following calendar year shall not be applied to
the minimum requirements for that year until the existing deficiency has
been made up. All timber scaled during each quarter-annual period
beginning 000101, 000401, 000701 and 001001 in which a deficiency exists
shall be paid for at the stumpage rates in effect on 001231 of the year
in which the deficiency occurred or at the rates in effect at the time
of scaling, whichever are the higher.
6(b) Maximum Volume. The volume of timber cut on the sale area
during any calendar year, not including the cutting deficiencies from
any previous year or years or the volume of timber salvaged pursuant to
Section 6(c) herein, shall not exceed the maximum volume specified in
the contract without the consent of the Approving Officer after
consultation with the Seller. Logging performance in any calendar year
beyond the minimum required therefor shall not be applied against the
cutting requirements of subsequent calendar years unless authorized by
the Approving Officer after consultation with the Seller.
6(c) Salvage of Damaged Timber. As used in this section, "Damaged
timber" shall include any timber within the unit of the species and
minimum merchantability specified in the contract which is damaged but
not rendered unmerchantable by insects, disease, windthrow or
non-Purchaser fires subsequent to the date the contract is approved. In
contracts for the sale of predetermined volumes in which minimum
merchantability standards are not specified, merchantability shall be
determined in accordance with customary standards. The Purchaser shall
cut and pay for damaged timber as expeditiously as possible and as the
Approving Officer may direct. If, in the opinion of the Approving
Officer, additional salvage operations are necessary to prevent losses
to the Indian owners, he may offer all or part of the damaged timber for
sale under one or more separate contracts.
7. Volume Determination. The term "scaling," as used in these
Provisions, may include scaling by log rule, measuring, counting,
weighing, tree measurement before felling or any other reasonable method
prescribed by the Approving Officer.
7(a) Bureau of Indian Affairs To Scale. All timber covered by the
contract shall be scaled by authorized employees of the Bureau of Indian
Affairs.
7(b) Convenience in Scaling. The Purchaser shall roll out, deck or
otherwise present products in a manner suitable for economical scaling
as the Officer in Charge may reasonably direct. The points at which
products shall be presented for scaling shall be designated by the
Officer in Charge and may include the place where cut, a landing or
point of shipment, or other points. Products shall not be moved from
the designated scaling point until they have been scaled, and until they
have been stamped, numbered or otherwise released by the Officer in
Charge. Products that are moved contrary to the instructions of the
Officer in Charge shall be paid for by the Purchaser at double the
contract stumpage rates. The Officer in Charge may require that
products be decked, stacked or otherwise held for scaling when the
average daily volume produced is too small to permit economical scaling.
7(c) Scaling Logs. The Scribner Decimal C log rule shall be used in
scaling all logs. The log rule shall be read to the nearest inch on the
average diameter inside bark at the small end of the log. The maximum
scaling length of a single log shall be 16 feet. All logs exceeding the
maximum scaling length shall be scaled as two or more logs. The
following allowance shall be made for trimming:
Table not keyed, see original
Logs overrunning the trim allowance shall be scaled to the next
standard one-foot length. Deductions shall be made from the gross
volume for rot, shake, hollow, check, sweep, crook or other visible
defects, but no deduction shall be made for blue stain when not
accompanied by other evidence of deterioration or for any defect or
damage due to the carelessness of the Purchaser. Products presented for
scaling in other than sawlog form shall be scaled as provided in the
contract.
7(d) Unmerchantable Material. Material which is more defective than
the minimum merchantable percentage and material smaller than the
minimum merchantable size, as specified in the contract, shall be culled
if left in the woods, but any such material that is taken for
manufacture or sale shall be scaled for its actual sound contents.
7(e) Scaling Waste Material. Waste in long butts, tops, broken and
partially sound logs, in other products, and in all trees designated for
cutting which are not cut or which are left felled, lodged or badly
damaged by the logging operations shall be paid for by the Purchaser at
the contract stumpage rates, except that no additional charge shall be
made for such waste material in trees the volume of which was determined
prior to the sale. The Purchaser may be required to pay at double the
contract stumpage rates for merchantable timber not designated for
cutting which is cut or seriously injured through carelessness. If
timber is injured to the extent that, in the opinion of the Officer in
Charge, it will constitute a hazard to residual trees if not removed,
the Purchaser may be required to remove such timber. Any waste material
which is paid for shall become the property of the Purchaser and may be
removed from the sale area at any time prior to the expiration date of
the contract.
7(f) Marking Products. When a separate record of the volume of
timber cut from allotments or other areas is required by the Bureau of
Indian Affairs, the Purchaser shall mark all unscaled products with
distinctive brands, as directed by the Officer in Charge, to permit
positive identification of the products with the land from which they
were cut.
7(g) Scale Reports. A copy of each 10-day scale report showing the
number of pieces and the volume and value of all products scaled under
the contract during the reporting period shall be furnished to the
Purchaser by the Superintendent. A copy of each Report of Timber Cut
showing the volume and value of timber scaled and the balances in
advance payments and advance deposits shall be furnished to the
Purchaser.
7(h) Purchaser's Check Scale. The Purchaser may arrange with the
Bureau of Indian Affairs scaler, through the Officer in Charge, for a
check scaler employed by the Purchaser to compare his scale with that of
the Bureau of Indian Affairs scaler, at hours convenient to the Officer
in Charge.
8. Logging Requirements.
8(a) Logging Plans. The Aproving Officer may require the Purchaser
to present seasonal plans of logging operations for approval before
operations begin. When a logging plan has been approved there shall be
no substantial departure from it without the written consent of the
officer who approved the plan. The areas to be logged in any season may
be designated by the Approving Officer when, in his judgment, such
action is necessary to prevent deterioration of timber from fire,
insects, disease or other cause, or to insure that the sale area is
logged in such a manner as to protect fully the interests of the Seller
and the Government. The Officer in Charge may require the Purchaser to
complete logging operations begun on an allotment or on a natural
topographic unit before operations are moved to another part of the sale
area.
8(b) Logging Methods. The Purchaser's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
8(c) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the sale area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
8(d) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Purchaser may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Purchaser, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
9. Slash and Snags.
9(a) Treatment of Slash. The treatment of slash shall be
accomplished by the Purchaser concurrently with other phases of logging
operations. Slash shall mean limbs, tops, damaged young growth and
other material up to 4 inches in diameter resulting from logging, road
construction or other operations by the Purchaser.
9(b) Burning Slash. The Purchaser shall lop and pile all slash
compactly for burning. Slash piles shall be placed a sufficient
distance from reserved trees and reproduction to prevent unnecessary
damage in burning. The Purchaser shall burn slash in such a manner and
at such times as the Officer in Charge may direct. Whenever the
Purchaser allows fire to run through slash, except in compliance with
the instructions of the Officer in Charge, the Purchaser may be required
to lop and scatter or repile and reburn the slash. The Purchaser shall
make every reasonable effort to control and suppress all fires which may
spread from his slash burning operations, but he shall not be held
liable for damages caused by slash burning operations conducted in
compliance with the instructions of the Officer in Charge unless such
damages are due to the Purchaser's carelessness or negligence in the
execution of instructions. The Purchaser may be reimbursed for his
costs in suppressing slash fires not due to his carelessness or neglect.
9(c) Snag Felling. The Purchaser shall fell all unmerchantable dead
trees, within the area cutover, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed in each part of the sale area as soon as practicable
after skidding and before the slash is burned, if burning is required.
The Purchaser may be relieved of snag felling requirements on
specifically designated areas by the Superintendent at the request of
the tribal governing body on unallotted lands or at the request of the
Indian owners on allotted lands.
10. Transportation Facilities.
10(a) Authorization. The Purchaser is authorized to construct and
maintain on the contracted area and on other unallotted Indian lands
such roads, bridges and other transportation facilities as are necessary
for logging operations under the contract, subject to applicable
regulations and such conditions as the Approving Officer may impose.
Construction of transportation facilities shall not convey the right of
exclusive use to the Purchaser. In these Provisions, "construction"
shall also include reconstruction.
10(b) Road Construction. The location and design of all roads to be
constructed by the Purchaser shall minimize damage to Indian lands. The
Approving Officer may, before construction begins, require approval of
road locations and design by inspection or through the submission of
plans and specifications for the location and design of roads and
appurtenant structures.
10(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Purchaser's operations.
(1) Existing Bureau of Indian Affairs Roads. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Purchaser uses existing Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Purchaser and the Superintendent. In the event of
disagreement, the determination shall be made by the Superintendent.
(2) Roads Constructed by Purchaser. Main roads which are constructed
by the Purchaser and which are designated by the Approving Officer as
roads that will be used as principal access for subsequent
administration, management or protection of Indian timber shall be
maintained by the Purchaser to prevent deterioration in periods of
non-use during the life of the contract. Required maintenance may
include blading the surface to remove ruts and other obstructions to
surface drainage, cleaning drainage ditches, cleaning and repairing
drainage structures or other action prescribed by the Officer in Charge.
Similar maintenance may be required on such designated roads prior to
abandonment.
10(d) Use by Other Parties. Roads constructed by the Purchaser under
authority of the contract or on rights of way held by the Bureau of
Indian Affairs may be used by other parties as authorized by the
Approving Officer, provided that, in the opinion of the Approving
Officer, the use by other parties will not cause unreasonable
interference with the operations of the Purchaser. Such other parties
shall provide improvements and maintenance to the roads as may be
reasonable and equitable to prevent appreciable increases in the
Purchaser's costs of operation as a result of joint use. The extent of
such obligations shall be agreed upon by the parties concerned, subject
to a final determination by the Approving Officer if the parties
disagree.
10(e) Improvements. All bridges, drainage structures, cattle guards
or other improvements installed on any road by the Purchaser shall be
left intact at the completion of logging operations, unless the removal
of such improvements is authorized or required by the Approving Officer.
11. Fire Prevention and Suppression.
11(a) Fire Plans. When requested by the Approving Officer, the
Purchaser shall prepare, in cooperation with the Officer in Charge, a
plan for the prevention and suppression of fires on the sale area for
the approval of the Approving Officer. The plan shall fully reflect the
Purchaser's fire protection obligations under the contract. Neither the
approval of the plan nor anything contained therein shall relieve the
Purchaser from any responsibility under the terms of the contract.
11(b) Fire Precautions. The Purchaser shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Approving Officer to meet the fire
protection requirements of the contract and the existing fire danger.
The requirements shall not be less than are required under the laws of
the State in which the sale area is located.
11(c) Fire Suppression. The Purchaser shall take immediate and
independent initial fire suppression action on all fires on the sale
area and shall use all necessary manpower and equipment at his disposal,
including the employees and equipment of his subcontractors engaged on
or near the sale area in construction or in logging, removing or
processing timber. When called upon by the Officer in Charge, the
Purchaser shall make available any or all of his manpower and equipment,
including that of his subcontractors, for hire by the Bureau of Indian
Affairs and to work under the direction of any authorized employee of
the Bureau of Indian Affairs in the suppression of any fire on or
threatening Indian lands.
11(d) Fire Suppression Costs.
(1) Purchaser fires. If the Purchaser, his employees, his
subcontractors or their employees, are responsible by act or neglect for
the origin or spread of a fire, hereinafter called a Purchaser fire, the
Purchaser shall pay all the costs of fire suppression, including those
incurred by the Bureau of Indian Affairs.
(2) Non-Purchaser Fires. Fires for which the Purchaser or his
employees, his subcontractors or their employees, are in no way
responsible by act or neglect are hereinafter called non-Purchaser
fires. The Purchaser's cost of suppression such fires shall be computed
at rates established by the Bureau of Indian Affairs.
On the sale area the Purchaser shall pay one-half of the total
suppression costs of non-Purchaser fires, provided that the Purchaser's
obligation shall be limited in any calendar year to a maximum of one
percent of the total estimated value of the timber covered by the
contract computed at the estimated volumes and the bid rates shown in
the contract. In the event that other sales are made within the sale
area in accordance with Section 13(a) herein, the Purchasers shall share
the obligation to pay one-half of the total suppression costs of
non-Purchaser fires according to the relationship of the total estimated
value of the timber covered by each contract to the total estimated
value of the timber covered by all of the contracts. However, if a fire
is determined to be a Purchaser fire with respect to one of the
Purchasers, he shall be liable for all of the suppression costs of other
Purchasers on the sale area.
Outside the sale area, the Purchaser shall be reimbursed for all of
his costs in suppressing non-Purchaser fires.
The provisions of this section shall not be construed as relieving
the Purchaser of fire suppression costs for which he is otherwise liable
under State law.
11(e) Liability for Fire Damage. The Purchaser shall pay for all
damages caused by a Purchaser fire to timber or any other property of
the Indians or the Government in an amount to be determined by the
Approving Officer. The Purchaser's liability for losses sustained by
the Indians or the Government from non-Purchaser fires shall be in
accordance with the provisions of Section 6(c) herein.
12. Improvements.
12(a) Existing Improvements. The Purchaser may be given permission
to use existing improvements which are already on lands covered by the
contract and which are necessary for his logging operations under the
contract, subject to applicable regulations and such conditions as the
Approving Officer may impose. All telephone lines, fences, roads,
trails and other improvements shall be protected as far as possible in
all phases of the Purchaser's operations and, whenever they are damaged,
the Purchaser may be required to repair them promptly to as good
condition as before the damage.
12(b) Damage to Land and Other Property. Damage to land or other
property of the Indians or the Government which cannot be repaired shall
be paid for by the Purchaser in an amount to be determined by the
Approving Officer. In determining the amount of such damages, the
Approving Officer shall consider the value of any permanent improvements
made to the land by the Purchaser.
12(c) Construction of Improvements. The Purchaser, with the approval
of the Approving Officer and subject to such conditions as he may impose
and to applicable regulations, may construct on lands covered by the
contract such improvements as are necessary for his operations under the
contract.
12(d) Use of Timber. Fuelwood and improvements shall be made as far
as practicable from unmerchantable timber and such material shall not be
charged to the Purchaser. The use of any material not covered by the
contract from Indian lands may be restricted by the Approving Officer.
12(e) Removal of Property. The Purchaser shall remove all of his
improvements and other property within six months from the expiration
date of the contract except for improvements installed on roads as
provided in Section 10(e) herein or unless he is authorized by the
Approving Officer to leave such improvements. After that time, the
title to all improvements and to other property shall attach to the
land.
12(f) Sanitation. All improvements constructed or used by the
Purchaser on lands belonging to the Indians or the Government, such as
camps, mills and other structures, and the grounds adjacent thereto,
shall be maintained in a clean and sanitary condition. Rubbish shall be
removed and properly buried or burned during the occupancy of such
structures. Upon the abandonment or removal of improvements, the sites
shall be thoroughly cleaned up and all rubbish and debris shall be
disposed of.
13. Other Conditions.
13(a) Other Sales Within Sale Area.
(1) Salvage Sales of Minor Volumes. Separate salvage sales of minor
volumes of timber covered by the contract may be made when the Approving
Officer and the Purchaser agree in writing that the scattered location
of single trees or small groups of trees to be salvaged cannot
reasonably be removed in the Purchaser's operations.
(2) Other Material. Other sales may be made within the sale area of
material not included in the terms of the Purchaser's contract, provided
such sales will not, in the judgement of the Approving Officer, cause
unreasonable interference with operations of the Purchaser. Other
Purchasers may be required to provide improvements to
Purchaser-constructed roads in accordance with section 10(d) herein.
13(b) Rights-of-Way. Rights-of-way may be granted to other parties
through any portion of this sale area during the life of the contract
provided such rights-of-way will not, in the judgement of the Approving
Officer, cause unreasonable interference with the operations of the
Purchaser.
13(c) Bureau of Indian Affairs Services. The Bureau of Indian
Affairs will furnish scaling, marking and other services within a basic
workweek of 8 hours per day for 5 days per week, exclusive of Sundays
and Government holidays, unless additional services are requested by the
Purchaser and approved by the Superintendent. The Purchaser shall pay
for additional services as required by the Act of 560730, (25 U.S.C.
407d).
13(d) Purchaser and Bureau of Indian Affairs Representatives on Sales
Area. At all times when construction or logging operations are in
progress, the Purchaser shall have a representative readily available in
the area of such operations who shall be authorized to receive in behalf
of the Purchaser any notices or instructions from the Officer in Charge
or other authorized representative of the Bureau of Indian Affairs in
regard to performance under the contract and to take such action thereon
as is required by the terms of the contract. Written designation of the
representative may be required by the Superintendent. At the request of
the Purchaser, the Superintendent shall designate in writing the name of
the Bureau of Indian Affairs representative who shall supervise
operations under the contract.
13(e) New Bond. Whenever any bond furnished to guarantee obligations
under the contract shall be unsatisfactory to the Approving Officer he
may require the Purchaser to furnish a new bond which shall be
satisfactory to the Approving Officer.
13(f) Indian Labor. The Purchaser shall employ Indian labor at the
same wages as other labor and in preference to other labor not already
in his employ whenever Indian labor seeks employment and is competent.
13(g) Financial Statements. At the close of each year used by the
Purchaser as a basis for his records, and no later than the date
specified by the Approving Officer, the Purchaser shall submit to the
Superintendent three copies each of a balance sheet, profit and loss
statement and detailed statement of operating costs and sales. The
statements shall be of a form satisfactory to the Commissioner, and
shall be certified by a certified public accountant and the Purchaser.
In addition to or in lieu of the statements by the Purchaser, the
Commissioner in his discretion may require the Purchaser to submit such
certified statements for his divisions and subsidiaries (wholly owned or
controlled) or his subcontractors which are engaged in operations under
the contract or in the manufacture or sale of products produced
thereunder. The statements shall be considered as confidential material
and shall be available only to Government employees whose official
duties require access to the information therein.
13(h) Purchaser's Records. Records pertaining to the logging,
manufacture and sale of material covered by the contract by the
Purchaser, his divisions and subsidiaries (wholly owned or controlled)
and his subcontractors, and such other records as it may be necessary to
review to confirm the statements submitted by the Purchaser, shall be
open to inspection at any reasonable time by the Commissioner, Bureau of
Indian Affairs, or the Approving Officer or any officer designated by
them for the purpose of obtaining information of the type used by the
Bureau of Indian Affairs in stumpage appraisals and adjustments. The
information so obtained shall be regarded as confidential and shall be
available only to Government employees whose official duties require
access to it. The right of inspection shall extend for a reasonable
time beyond the period of the contract to provide the Bureau of Indian
Affairs an opportunity to obtain relevant information for the full
contract period.
13(i) Maintenance of Order. The Purchaser shall comply with all laws
and regulations relating to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors.
13(j) Officials not to Benefit. No Member of, or Delegate to,
Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom unless
it is made with a corporation for its general benefit.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinault INDIAN RESERVATION, Washington KNOW ALL MEN BY THESE
PRESENTS, that I the undersigned, hereby request, authorize, and empower
the Superintendent of the Western Washington Indian Agency to enter into
contract for the sale of the timber upon the following-described lands:
Lot 15, Section 4, Township 23 North, Range 13 West, Willamette
Meridian, Washington the same being the allotment of Theodore Hudson,
Jr. Quinault allottee No. 840000, and authorize him to perform every
act necessary and requisite to the consummation of such sale with the
same validity as if I were personally present. Provided that no such
contract shall be made hereunder at stumpage rates per thousand feet
board measure of less than the following $10.25 per M feet, B.M., for
Pacific silver fir; $10.90 per M feet, B.M., for Sitka spruce; $12.60
per M feet, B.M. for western redcedar; and $9.95 per M feet, BM for
western hemlock and other species. and I do also hereby agree to grant
any contractor holding any contract hereunder and in conformity
herewith, reasonable right-of-way over the above-described lands, or any
other lands in which I hold any interest, provided I shall receive
reasonable compensation for any damage done or incurred through such
right-of-way. The Commissioner of Indian Affairs or his representative
shall definitely determine what shall be considered reasonable damages.
I furthermore agree that the proceeds arising from the sale of this
timber may be disposed or incurred with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration. Place Tacoma, Wash. Date 591205 Witnesses:
Pansy Hudson Theodore Hudson Jr Theodore Hudson, Jr. (sole owner)
HEL-012-1379-1433
HEL-012-1379-1433
COMM US DOI BIA BR OF FORESTRY
700805
CORRESPONDENCE
AREA DIR US DOI BIA PORTLAND
RECEIVED
600708
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
600805
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Attention: Branch of Forestry
Dear Sir:
Assistant Secretary of the Interior Fred G. Aandahl's letter of
600729, addressed to the Hon. Henry M. Jackson, United States Senator,
includes a statement that this office is being asked to furnish a report
concerning the sale of timber from tribally owned property on the
Quinault Indian Reservation. The report is necessary in order for the
Department to provide Senator Jackson with information relating to a
petition made to him by residents of the village of Queets. The
petition requests that the money derived from the sale be made available
for use by the people in that village.
The timber sale in question is known as the Queets No. 1 Logging
Unit, Contract No. 14-20-0510-232. The contract is with the Womer Bros.
Logging Company, a partnership. It includes 116 acres of tribally
owned lands that are approximately one mile south of Queets in an area
referred to as the Queets wood lot. There are also 172 acres of
allotted lands included in the sale area. The master contract for the
sale of this unit was approved by Assistant Area Director Perry E.
Skarra on 600802.
The total estimated volumes of timber within the sale are as follows:
Table not keyed see original
Copy to Tribal Programs for reply to Senator Jackson
The prices per M board feet bid for this timber were as follows:
...Species ......................................Bid Price ............
. Western redcedar ...................................$12.60
............ . Pacific silver fir
.................................18.30 ............. . Sitka spruce
........................................21.75 ............ . Western
hemlock ....................................16.65 ............. .
...Average all species ..........................($17.34) .............
.
On the basis of the estimated volumes the total bid price was
$150,181.20. The estimated total value for the timber on the tribally
owned portion of the unit is $78,737.40
Enclosed for your further information and files is the Central Office
copy of the subject contract, together with a copy of the letter with
which we transmitted copies of the approved contract to Superintendent
C. W. Ringey, Western Washington Agency. You will note in that letter
that we have requested certain items to be completed and additional
copies of the powers of attorney for the allotments to be furnished. We
will forward the Central Office copy of the power of attorney when it is
received from the agency.
Sincerely yours, Area Director
Enclosures
Copy to: Supt., Western Washington Agency Hoquiam Subagency
HEL-012-1434-1435
HEL-012-1434-1468
COMM BIA
600802
CORRESPONDENCE
SKARRA, P E DOI BIA PORTLAND
RECEIVED
600808
Forestry 339.5
600802
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Enclosed are four copies of approved timber contract No.
14-20-0510-232, bond and other appurtenant papers covering the Queets
No. 1 Logging Unit. We have retained three copies; one for the Central
Office and two for our files.
Please refer to the last paragraph of our letter of 600715, contract
No. 14-20-0510-251, where we asked for the addresses of the two
witnesses to the purchaser's signature in accordance with instructions
in 53 IAM 4.3.6B(20). The addresses were omitted from the subject
contract.
We note on page 1 of the Partnership Agreement that the exact date
has been omitted. Perhaps the purchaser could furnish you with a letter
which would indicate the date.
We have one set only of Powers of Attorney for the allotments. We
have attached these to our copy of the contract. We are withholding
distribution of the GAO and Central Office copies until you supply us
with an additional two sets.
Sincerely yours, Perry E Skarra Assistant Area Director
Enclosures
cc: Central Office (w/enc.) Prop. Mgmt. PAO (w/orig. cont.) Hoquiam
Substation (w/enc.)
RECEIVED 600808
FORM 5-611
591000
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Master Tribal Allotment
Contract No. 14-20-0510-232
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Queets No. 1 Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
7 & 8 of the Act of 100625 (25 U.S.C. 406 & 407) and in accordance with
the regulations contained in 25 CFR 141.
2. Parties to the Contract. The parties to this contract are the
Quinault Indian Tribe hereinafter called the Seller, as represented by
the duly authorized tribal representatives and Womer Bros. Logging
Company of Amanda Park, Washington, hereinafter called the Purchaser.
3. Bureau of Indian Affairs Representatives.
(a) Approving Officer. The Area Director, Portland, Oregon or his
authorized representative, is hereinafter called the Approving Officer.
(b) Superintendent. The Superintendent of the Western Washington
Indian Agency or his authorized representative, is hereinafter called
the Superintendent.
4. Timber Sold. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to buy, in accordance with the terms and conditions of
this contract and the attached Standard Timber Contract Provisions,
hereinafter called the Standard Provisions, which are made a part
hereof, all the merchantable timber, living or dead, designated for
cutting by the Bureau of Indian Affairs on tribal lands within the
boundaries of this logging unit.
The Purchaser further agrees, for the benefit of Indians holding
trust allotments within this unit, that he shall enter into separate
contracts on the approved form, subject to all the applicable terms and
conditions of this contract, with such Indian allottees as desire to
sell their timber. The Purchaser shall enter into such contracts within
30 days from the date of submission of such contracts to him by the
Superintendent.
5. Expiration Date. Unless this contract is extended in accordance
with Section 2(e) of the Standard Provisions, the Purchaser shall cut
and pay for all designated timber, and shall complete all other
obligations on or before the contract expiration date of 620712.
6. Unit Description. This unit is located in that portion of the
Sam Sam allotment #392 described as Lot 4, Section 3, containing 19
acres; all of the Sally Jones allotment #330, described as Lots 1 & 9,
Section 4, containing 73 acres; that portion of the Phyllis Penn
allotment #2071, described as Lot 16, Section 4, containing 40 acres;
NOTE: Italic type to be deleted if inapplicable.
CORRECTION
The preceding document(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
RECEIVED
600808
Form 5-611
591000
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Master
Contract No. 14-20 0510-232
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Queets No. 1 Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
7 & 8 of the Act of 100625 (25 U.S.C. 406 & 407) and in accordance with
the regulations contained in 25 CFR 141.
2. Parties to the Contract. The parties to this contract are the
Quinault Indian Tribe hereinafter called the Seller, as represented by
the duly authorized tribal representatives and Womer Bros. Logging
Company of Amanda Park, Washington, hereinafter called the Purchaser.
3. Bureau of Indian Affairs Representatives.
(a) Approving Officer. The Area Director, Portland, Oregon or his
authorized representative, is hereinafter called the Approving Officer.
(b) Superintendent. The Superintendent of the Western Washington
Indian Agency or his authorized representative, is hereinafter called
the Superintendent.
4. Timber Sold. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to buy, in accordance with the terms and conditions of
this contract and the attached Standard Timber Contract Provisions,
hereinafter called the Standard Provisions, which are made a part
hereof, all the merchantable timber, living or dead, designated for
cutting by the Bureau of Indian Affairs on tribal lands within the
boundaries of this logging unit.
The Purchaser further agrees, for the benefit of Indians holding
trust allotments within this unit, that he shall enter into separate
contracts on the approved form, subject to all the applicable terms and
conditions of this contract, with such Indian allottees as desire to
sell their timber. The Purchaser shall enter into such contracts within
30 days from the date of submission of such contracts to him by the
Superintendent.
5. Expiration Date. Unless this contract is extended in accordance
with Section 2(e) of the Standard Provisions, the Purchaser shall cut
and pay for all designated timber, and shall complete all other
obligations on or before the contract expiration date of 620712.
6. Unit Description. This unit is located in that portion of the
Sam Sam allotment #392 described as Lot 4, Section 3, containing 19
acres; all of the Sally Jones allotment #330, described as Lots 1 & 9,
Section 4, containing 73 acres; that portion of the Phyllis Penn
allotment #2071, described as Lot 16, Section 4, containing 40 acres;
Note: Italic type to be deleted if inapplicable. that portion of
the Theodore Hudson Jr. allotment #1884, described as Lot 15, Section 4,
containing 40 acres; and Tribal lands described as Lots 10, 17 and 18,
Section 4, containing 116 acres; all of which lies in Township 23
North, Range 13 West, Willamette Meridian, Washington, containing a
total net acreage to be cut of 288 acres, situated along the Queets
River and U. S. Highway 101. and includes the following approximate
area:
Table not keyed, see original
7. Estimated Volumes.
(a) Designated Timber. The estimated volume of timber to be
designated for cutting is:
Table not keyed, see original
The foregoing is an estimate only and shall not be construed as a
guarantee or a limitation of the volume to be designated for cutting.
The actual volume of timber designated for cutting in accordance with
the terms of this contract and the Bureau's approved procedures shall be
controlling, regardless of whether it is more or less than the above
estimate.
(b) Additional timber. In addition to the timber specified above,
this sale also includes any other timber on the contract area which must
be cut or removed in clearing for roads, landings, camps and other
improvements constructed by the Purchaser and all other timber seriously
damaged in logging operations under this contract, if, in the opinion of
the Approving Officer, the timber is merchantable for any product in
accordance with customary standards and is present in sufficient
quantities to permit economic removal to existing markets.
Note: Adv. volume x app. stumpage = 117,331.70 to be cut in 2 yrs. =
58,666/year. Advance deposit should be not less than 10% of the minimum
annual cut x appraised stumpage rates (25 CFR 141.15) = $5,867 Sec. 8
Contract sets min. advances deposit at $5,000 - or $1,000 low. CW.
8. Payment for Timber. The Purchaser shall pay for all timber
covered by this contract in accordance with the provisions of Section 4
of the Standard Provisions.
The minimum advance deposit shall be $5,000.00
9. Stumpage Rates.
(a) Designated Timber. The stumpage rates to be paid during the life
of this contract for timber specified in Section 7 (a) shall be the bid
rates shown below:
Table not keyed, see original
(b) Additional Timber. Timber of species and products not specified
in Section 9 (a) above which may be cut pursuant to Section 7 (b) shall
be paid for during the life of this contract at the appraised rates
shown below:
Table not keyed, see original
10. Liquidated Damages for High Stumps. The following liquidated
damage rates shall be charged for stumps cut in excess of the maximum
height specified in Section 5(b) of the Standard Provisions:
Species Not Applicable
Rate Per Stump Not Applicable
11. Merchantability. Trees, when designated for cutting, and
products cut from those trees, shall equal or exceed the following
minimum specifications:
Table not keyed, see original
All trees shall be utilized to as small a top diameter as
practicable. Log lengths shall be varied so as to secure the greatest
practicable utilization of merchantable material.
(a) Material below minimum merchantability. If forest products of
lesser dimensions than stated above under Product Specifications, are
cut and removed by the purchaser, they shall be scaled by the Scaling
Bureau under special agreement for their merchantable content, provided
the length is not less than eight (8) feet.
12. Designating Timber for Cutting.
The entire area within the boundaries of the unit is designated for
clear cutting of all merchantable live and all of the merchantable dead
timber, standing or fallen, down to a minimum D.B.H. of 12". The
boundaries of unit have been clearly marked with blazes and flagging
tape. Such boundaries have been determined after considering ownership,
topography, timber types and prevailing winds outside perimeter of area
to be cut. The objective is the harvest cutting of mature and
over-mature timber, the salvage of dead and down timber, and to provide
optimum conditions for natural regeneration.
13. Cutting Schedule.
(a) Minimum Annual Cut. The Purchaser shall cut and pay for not less
than 2,000 M feet, B.M. during the Calender year 600000.
14. Volume Determination.
(a) Designated Timber. In lieu of the scaling procedures stipulated
in Section 7(a) of the Standard Provision, logs cut under this contract
shall be scaled by the Grays Harbor Log Scaling and Grading Bureau,
Aberdeen, Washington and/or Puget Sound Log Scaling and Grading Bureau,
Tacoma, Washington, hereinafter called the Scaling Bureau, in accordance
with the official log scaling and grading rules effective 540101, a copy
of which is on file in the office of the Approving Officer. Scaling by
the Scaling Bureau shall not be exclusive so as to prevent scaling by
the Indian Bureau of logs not delivered to the points of Scaling Bureau
scaling. Scaling Bureau rules changed subsequent to approval of this
contract shall be approved by the Approving Officer.
14. Volume Determination (Cont.)
(b) SCALING OF LOGS. In lieu of scaling procedures stipulated in
Section 7(c) of the Standard Provision, all logs shall be scaled as
follows. Logs which are longer than the maximum scaling length shown
below shall be scaled as two or more logs. Logs over-running the
trimming allowance shown below shall be scaled to the next standard
two-foot length.
Table not keyed, see original
(c) SCALING OF OTHER PRODUCTS. The scaled volume of material
presented for scaling in forms other than those stated in Section 11,
when appropriate, shall be converted into board feet, Scribner Decimal C
Log Scale, by the application of standard converting factors currently
in use by the Bureau of Indian Affairs.
(d) SCALE REPORTS. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(e) RESPONSIBILITY FOR BRANDING AND RECEIPTING FOR LOGS OR OTHER
PRODUCTS.
At each landing on the sale area, the purchaser shall brand all logs
as directed by the Officer in Charge, with a brand registered in the
State of Washington, and shall secure from the truck driver of each load
of logs to be hauled, a signed receipt on forms to be furnished by the
Bureau of Indian Affairs. The stub portions of the truck receipts shall
be retained by the purchaser and turned in to the Officer in Charge as
he shall direct. The ticket portions of the receipts shall be given to
the truck driver who shall retain it in his possession at all times
while the logs are in transit as evidence of his authority to transport
Indian logs and he shall surrender said ticket portion at the point of
scaling or at the log dump as the case may be, as directed by the
Officer in Charge. When the ticket portion is to be surrendered at the
log dump, the purchaser will require the dump operator to sign the
ticket portion of the truck receipt as evidence that said load of logs
was delivered and to collect and mail said receipts to the Officer in
Charge.
(f) PAYMENT FOR LOST LOGS OR OTHER PRODUCTS. When scaling is
performed at locations other than on the sale area, the purchaser shall
be responsible for loss of logs from the time of removal from the sale
area until scaled, and lost logs shall be paid for at the contract
prices. Determination of volume and species for any such log losses
shall be made by applying the average net volume per log and percentage
species distribution for the entire volume of stumpage previously scaled
to the piece count for logs determined by the Officer in Charge to be
lost or missing.
14. Volume Determination (Cont.)
(g) BUREAU SCALING. The following general conditions shall apply to
Scaling Bureau scaling:
(1) The purchaser shall enter into an appropriate agreement with the
Scaling Bureau for the performance of all necessary scaling and
reporting services, and shall promptly submit to the Area Director
signed copies of such agreement in duplicate.
(2) The agreement shall provide for the following:
Prompt scaling of all logs or other products at points of scaling
acceptable to the Scaling Bureau and the Bureau of Indian Affairs.
Safeguards as the Approving Officer may deem necessary to insure an
accurate accounting of all logs presented to the Scaling Bureau for
scaling.
The purchaser shall pay the Scaling Bureau for all services rendered
by it under the agreement.
Prompt submission to the Superintendent or his representative of
certified copies of each and every report showing species, volume, grade
and brand of each log scaled.
Special scaling of Indian logs as may be requested by the purchaser
to the extent of available facilities and manpower, and when such
requests for special scaling practices are not contrary to scaling
bureau policies.
Port. Area - West. Wash. Insert to Form 5-611 Cont. 14-20-0510-232
(h) Additional Timber.
None
15. Slash and Snag Disposal.
(a) Slash. Section 9(a) and 9(b) of the Standard Provisions shall
not apply.
(b) Snag. See Section 9(c) of the Standard Provisions.
16. Road Construction and Maintenance.
See Section 10 of the Standard Provisions.
17. Performance Bond. The Purchaser delivers herewith and agrees to
maintain a bond satisfactory to the Approving Officer in the sum of
$15,000.00 conditioned upon the faithful performance of all the terms of
this contract.
18. Special Provisions.
(a) The purchaser will be required to relocate and mark allotment
corners and ownership lines. Bureau of Indian Affairs employees will
verify all line and corner locations established by the purchaser before
logging begins. The purchaser further agrees that he will leave the
boundaries and corners of the sale area clearly marked at the completion
of this sale.
(b) In addition to Section 8(b), Logging Methods, of the Standard
Provision, all logging will be by overhead cable or high-lead methods
unless approval is given in writing by the Officer in Charge for logging
to be accomplished by other specific methods.
(c) Where necessary in the judgment of the Officer in Charge for the
control of slash fires and the protection of seed trees on or adjacent
to the sale area, fire lines cut to mineral soil shall be constructed by
the purchaser. Such fire lines shall be located and constructed as
directed by the Officer in Charge and insofar as is practical, shall be
constructed by tractor with bulldozer attachment. On and adjacent to
the fire line all dead trees and stubs shall be felled and all
inflammable material, including slash, reproduction and debris shall be
disposed of as directed by the Officer in Charge.
(d) By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands and is authorized to act for the Bureau in
such matters.
19. Effective Date. This contract shall become effective on the
date of approval by the Approving Officer.
Signed and Sealed in sextuplet as of 600615
PURCHASER
Witnesses: Del Hanna Dean Fields
WOMER BROS. LOGGING COMPANY Name of corporation, partnership or
individual
By James Womer, Partner
By
SELLER Allottee or his legal representative
Signed for the Quinault Tribe of Indians pursuant to Resolution No.
None passed by its tribal governing body in a meeting held at Taholah,
Washington, on 600326.
Name Phyllis Martin Title Secretary
Name Horton Capoeman Title Vice Chairman
APPROVING OFFICER
Approved: 600802
Name Perry E Skarra Title Assistant Area Director
If Purchaser is a corporation, the following certificate must be
executed: I, ,certify that I am the Secretary of the corporation named
as the Purchaser herein; that, who signed this contract was then of
said corporation; that said contract was duly signed for and in behalf
of said corporation by authority of its governing body, and is within
the scope of its corporate powers.
(Signature)
RESOLUTION
At a Special Meeting of the Business Committee of the Quinault Tribal
Council, held at the Village of Taholah, Washington, on the 600727, at
which time the following resolution was duly adopted; and
WHEREAS the Business Committee is recognized as the governing body
authorized to approve sales of tribal timber; and
WHEREAS the Womer Bros. Logging Company bid for timber offered for
sale on 000607, as the Queets No. 1 Logging Unit, part of which is
timber on tribally owned lands, was accepted by the Area Director on
600615.
THEREFORE BE IT RESOLVED by the Business Committee of the Quinault
Tribal Council that in the absence of the Chairman of the Council, the
Vice Chairman be hereby authorized to execute the Contract for the sale
of tribal timber.
CERTIFICATION
As Secretary of the Quinault Business Committee of the Quinault
Tribe, I hereby certify that the above Resolution was enacted at a
Special Meeting of the Quinault Business Committee at Taholah,
Washington, on the 600727, at which time a quorum was present by a vote
of 4 for and none against said Resolution.
Phyllis Martin Secretary
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISIONS
Index not keyed see Original.
The following Standard Timber Contract Provisions are hereby
prescribed for use in contracts for the sale of timber from Indian lands
except as otherwise provided by the Secretary of the Interior or his
authorized representative in particular sales.
1. Definitions. As used in these provisions and in the contract to
which they are attached:
1(a) "Approving Officer" means the officer approving the contract or
his authorized representative.
1(b) "Commissioner" means the Commissioner of Indian Affairs or his
authorized representative.
1(c) "Area Director" means the Area Director of the Bureau of Indian
Affairs Area within which the sales area is located, or his authorized
representative.
1(d) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the sale area, or
his authorized representative.
1(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the sale area.
1(f) "Seller" means the Indian tribe or the individual owner or
owners of the timber sold under the contract.
1(g) "Purchaser" means the purchaser of timber under the contract and
his successors in interest.
2. General Conditions.
2(a) Title and Risk of Loss. Title to the timber covered by the
contract shall not pass to the Purchaser untilit has been paid for and
cut, except that in single payment sales based on tree measurement or
other estimate of total volume obtained prior to the sale, the title to
timber shall pass to the Purchaser when the sale contract has been
approved by the Approving Officer and the timber has been paid for.
Passage of title to the Purchaser shall not affect the Bureau of Indian
Affairs' right to control the movement of timber until the volume has
been determined. In the event any timber covered by the contract is
destroyed or damaged by fire, wind, flood, insects, diseases or other
cause to the extent that it is unmerchantable, the party holding title
to the timber shall bear the loss except as otherwise provided in
Section 11(e) herein with respect to Purchaser fires as defined in
Section 11(d) herein, and there shall be no obligation on the part of
the Bureau of Indian Affairs to designate, or on the part of the
Purchaser to accept and pay for, other timber in lieu of that destroyed
or damaged. If timber or products which have been paid for under this
contract are not removed from the sale area on or before the expiration
date of the contract, title shall revert to the Seller. Nothing in this
paragraph shall be construed to relieve either party of liability for
negligence.
2(b) Interpretation of Contract. The decision of the Approving
Officer shall prevail in the interpretation of the contract, subject to
the right of appeal prescribed in Section 2(j) herein.
2(c) Modification. The conditions of sale as set forth in the
contract may be modified only through an agreement in writing between
the Seller and the Purchaser. No modification shall become effective
until approved by the Approving Officer. When a surety bond has been
furnished by the Purchaser, he must, prior to approval of the
modification, either obtain a commitment from the surety to continue the
bond under the modification or furnish a new bond.
2(d) Assignment of Interest. The assignment by the Purchaser of any
or all of his interest under the contract shall not affect any of the
obligations of the parties or the Secretary under the contract until the
assignment has been approved by the Approving Officer after consultation
with the Seller. The party to whom an interest is assigned must provide
a bond as specified in the contract or obtain a commitment from the
previous surety to be bound by the assignment when approved. The
approval of an assignment by the Approving Officer shall not operate to
change the provisions of the contract. Unless otherwise provided for
therein, an assignment shall not relieve the assignor of any of the
responsibilities and liabilities under the contract.
2(e) Extension of time. An extension of time for the performance of
the contract may be granted to the Purchaser by the Approving Officer,
for reasons satisfactory to the Approving Officer, after consultation
with the Seller. Extensions of time shall be subject to such conditions
as the Approving Officer may impose. When a surety bond has been
furnished by the Purchaser, he must prior to any such extension, either
obtain a commitment from the surety to continue the bond during the
extension or he must furnish a new bond. Requests for extension of time
may be considered only if submitted in writing by the Purchaser to the
Superintendent prior to the expiration date of the contract.
2(f) Suspension of Operations. The Superintendent may, after written
notice to the Purchaser, suspend any or all of the Purchaser's
operations under the contract if the Purchaser violates any of the
requirements of the contract. Such suspension of operations may be
continued by the Superintendent until there is satisfactory compliance.
After written notice from the Approving Officer, continued failure to
comply with any of the requirements of the contract shall be grounds for
the revocation by the Approving Officer of all rights of the Purchaser
under the contract and the Purchaser shall be liable for all damages
resulting from his breach of contract as described in the following
section.
2(g) Failure To Complete Contract. In the event of failure to
complete all obligations assumed under the contract, the Purchaser shall
be liable for the depreciation in the value of the remaining timber and
for any costs or expenses incurred by or caused to the Seller or the
Government as a result of such failure, in an amount to be determined by
the Approving Officer.
2(h) Termination of Contract. The contract may be terminated at any
time by written agreement between the Seller and the Purchaser.
Termination agreements shall not become effective until approved by the
Approving Officer.
2(i) Disputes. Either of the parties to the contract may submit
complaints of any action or decision under the contract by the
Superintendent or the Officer in Charge in accordance with the following
procedure. Complaints shall be made in writing to the Superintendent.
If the Superintendent is not the Approving Officer, of the contract and
the dispute is not resolved to the satisfaction of the parties, a
written complaint may then be submitted to the Area Director. If the
Area Director is not the Approving Officer and his decision is not
satisfactory to the parties, a complaint may be submitted in writing to
the Commissioner. Complaints shall be made within 30 days of the action
or decision in dispute unless the party making the complaint furnishes
reasons satisfactory to the officer receiving the complaint for granting
a longer period of time, in which case the officer may extend the period
for such length of time as he deems resonable. Decisions of the
Approving Officer may be appealed to the Secretary in accordance with
the provisions of the following section.
2(j) Appeals. The parties to this contract may appeal, in accordance
with such rules and regulations as the Secretary of the Interior may
from time to time prescribe, any action or decision taken by the
Approving Officer or his superior officers. The decision of the
Secretary shall be final subject to lawful judicial remedies.
2(k) Bureau of Indian Affairs Representative. Notices, requests or
other action where formal written notice is required herein, or is
appropriate, shall be accepted for the Bureau of Indian Affairs by the
Superintendent.
3. Timber To Be Reserved. No timber may be cut except that which is
designated by the Officer in Charge. A strip of timber on each side of
streams, roads and trails, along lake shores, in the vicinity of camping
places and recreational or ceremonial grounds, and timber in immature
stands or other areas which should not be distrubed because of
silvicultural, watershed protection or other reasons, may be reserved in
which little or no cutting shall be allowed.
4. Payments and Deposits.
4(a) Method of Payment. The Purchaser shall pay for the timber
covered by the contract in advance of cutting, as a single payment or
installment payments in sales of predetermined volumes or in the form of
advance payments or advance deposits in sales of estimated volumes.
Payment shall be by certified check, cashier's check, bank draft or
postal money order, drawn payable to the Bureau of Indian Affairs, or in
cash. All payments shall be transmitted to the Superintendent.
4(b) Advance Payments on Allotment Timber. Advance payments are
partial payments of the estimated value of timber to be cut on each
allotment and are required in all sales of allotment timber unless the
full purchase price is paid before the contract is approved. Advance
payments may be paid to the allotment owner as soon as received and are
not refundable. Such payments shall be credited against the allotment
timber as it is cut and scaled, at the stumpage rates in effect at the
time of scaling. The Purchaser shall pay 15 percent of the estimated
value of the timber to be cut, computed at the bid rates, within 30 days
from the date of approval of each allotment contract and before cutting
begins. The Purchaser shall make additional advance payments of 15
percent of the estimated value within three years and 20 percent within
six years, if the contract extends beyond those periods. Advance
deposits previously applied against timber cut on the allotment shall be
included in computing the payments. The Approving Officer may, in his
discretion, reduce the original estimate of the volume of timber to be
cut on any allotment because of error of estimate, loses from fire or
other causes, or for similar reasons, but not because of depletion from
cutting. If the advance payments on any allotment exceed the total
value of the timber cut on that allotment by the Purchaser, the amount
of the advance payments shall be declared to be the value of the timber
so cut.
4(c) Advance Deposits. Advance deposits are used in sales of
estimated volumes to maintain an operating balance against which the
value of the timber to be cut from either tribal or allotted lands will
be charged. The unobligated balance of advance deposits may be refunded
pursuant to Section 4(c)(3) herein. The Purchaser shall make advance
deposits in such amounts and at such times as called for by the
Superintendent. The amount of any advance deposit shall not be less
than the minimum amount specified in the contract, except as provided in
Section 4(c)(2) herein. The Purchaser shall not be required to provide
an advance deposit balance at any time of more than three times the
amount of the minimum advance deposit specified in the contract. The
estimated value of timber cut but not yet scaled shall be deducted from
the advance deposits then in the hands of the Superintendent in
computing the advance deposit balance. Advance deposits shall be
applied to timber cut from tribal lands and shall be applied to
allotment timber only after the advance payments on the allotment being
cut have been exhausted. Advance payments on allotment timber shall not
operate to reduce the size of the advance deposits that may be required
by the Superintendent.
(1) Suspension of Operations. If advance deposits are not received
within 15 days of written request therefor, or if at any time the
balance of advance deposits is reduced to one-third of the required
minimum advance deposit, the Superintendent may suspend all or any part
of the operations until the requested advance deposit is received.
(2) Reduction of Advance Deposits. The Superintendent may reduce the
minimum size of the last advance deposit before completion of the sale
or before periods of approximately three months or longer during which
no timber cutting is anticipated.
(3) Refund of Advance Deposits. If the balance of advance deposits
at the time cutting operations are suspended for approximately three
months or longer is in excess of one-third of the minimum advance
deposit specified in the contract, such excess may be refunded at the
request of the Purchaser and in the discretion of the Superintendent.
However, no refund shall be made if an unexcused deficiency in minimum
cutting requirements exists. Final refund of the total unobligated
balance of advance deposits shall be authorized by the Approving Officer
after all the terms of the contract have been satisfactorily completed.
5. Utilization.
5(a) Sales of Estimated Volumes. In sales in which the volume of
timber is to be determined by measurement of cut products, timber shall
be cut to utilize fully the merchantable material and to yield the
maximum stumpage value. Timber cut into lengths or products of lesser
value shall be scaled as if cut to yield the maximum value of products
covered by the contract. Stumps shall be cut as low as practicable to
avoid waste. The mean height of any stump shall not exceed one-half of
its diameter, except that where this height is considered to be
impracticable higher stumps may be authorized by the Officer in Charge.
Stumps which exceed the maximum height shall be paid for by the
Purchaser at the rates per stump specified in the contract, which
charges, in view of the difficulty of determining the actual damage to
the Seller, shall be regarded as fixed, agreed and liquidated damages.
In addition, the Officer in Charge may require the Purchaser to recut
such stumps to the maximum allowable height.
5(b) Sales of Predetermined Volumes. In sales in which the volume of
timber sold was determined prior to the sale, the Officer in Charge may
require the Purchaser to recut stumps which exceed the maximum height as
defined in Section 5(a). In these sales, the Purchaser is expected to
practice full utilization but no charge shall be made for poor
utilization of timber represented by the predetermined volumes.
6. Cutting Schedule. In sales of estimated volumes, if the actual
volume of timber designated for cutting exceeds the estimated volume
shown in the contract by such an amount that the contract limitation on
the maximum annual cut prevents the Purchaser from cutting all
designated timber prior to the date specified in the contract, the
Approving Officer, after consultation with the Purchaser and the Seller,
shall in his descretion, either increase the maximum annual cut or
extend the contract or both, subject to such conditions as he deems most
equitable to both parties.
6(a) Minimum Volume. The minimum volume required by the contract
shall be cut and paid for each year from the sale area. During the last
calendar year of the contract, the actual volume of timber designated
for cutting shall be controlling if less than the minimum volume
required.
(1) Relief From Minimum Requirements. The Approving Officer, at the
request of the Purchaser and after consultation with the Seller, may
relieve the Purchaser in whole or in part from the minimum annual
cutting and paying requirements when, in the opinion of the Approving
Officer, the Purchaser is prevented by factors beyond his control from
meeting the minimum cutting requirements or when such relief is in the
best interest of the Seller.
(2) Payment for Deficiencies. If the Purchaser fails to meet the
minimum cutting requirements and no relief is granted, the volume of
timber scaled during the following calendar year shall not be applied to
the minimum requirements for that year until the existing deficiency has
been made up. All timber scaled during each quarter-annual period
beginning 000101, 000401, 000701 and 001001 in which a deficiency exists
shall be paid for at the stumpage rates in effect on 001231 of the year
in which the deficiency occurred or at the rates in effect at the time
of scaling, whichever are the higher.
6(b) Maximum Volume. The volume of timber cut on the sale area
during any calendar year, not including the cutting deficiencies from
any previous year or years or the volume of timber salvaged pursuant to
Section 6(c) herein, shall not exceed the maximum volume specified in
the contract without the consent of the Approving Officer after
consultation with the Seller. Logging performance in any calendar year
beyond the minimum required therefore shall not be applied against the
cutting requirements of subsequent calendar years unless authorized by
the Approving Officer after consultation with the Seller.
6(c) Salvage of Damaged Timber. As used in this section, "Damaged
timber" shall include any timber within the unit of the species and
minimum merchantability specified in the contract which is damaged but
not rendered unmerchantable by insects, disease, windthrow or
non-Purchaser fires subsequent to the date the contract is approved. In
contracts for the sale of predetermined volumes in which minimum
merchantability standards are not specified, merchantability shall be
determined in accordance with customary standards. The Purchaser shall
cut and pay for damaged timber as expeditiously as possible and as the
Approving Officer may direct. If, in the opinion of the Approving
Officer, additional salvage operations are necessary to prevent losses
to the Indian owners, he may offer all or part of the damaged timber for
sale under one or more separate contracts.
7. Volume Determination. The term "scaling," as used in these
Provisions, may include scaling by log rule, measuring, counting,
weighing, tree measurement before felling or any other reasonable method
prescribed by the Approving Officer.
7(a) Bureau of Indian Affairs To Scale. All timber covered by the
contract shall be scaled by authorized employees of the Bureau of Indian
Affairs.
7(b) Convenience in Sealing. The Purchaser shall roll out, deck or
otherwise present products in a manner suitable for economical scaling
as the Officer in Charge may reasonably direct. The points at which
products shall be presented for scaling shall be designated by the
Officer in Charge and may include the place where cut, a landing or
point of shipment, or other points. Products shall not be moved from
the designated scaling point until they have been scaled, and until they
have been stamped, numbered or otherwise released by the Officer in
Charge. Products that are moved contrary to the instructions of the
Officer in Charge shall be paid for by the Purchaser at double the
contract stumpage rates. The Officer in Charge may require that
products be decked, stacked or otherwise held for scaling when the
average daily volume produced is too small to permit economical scaling.
7(c) Scaling Logs. The Scribner Decimal C log rule shall be used in
scaling all logs. The log rule shall be read to the nearest inch on the
average diameter inside bark at the small end of the log. The maximum
scaling length of a single log shall be 16 feet. All logs exceeding the
maximum scaling length shall be scaled as two or more logs. The
following allowance shall be made for trimming:
Log length: Trimming
Allowance
(inches)
8 to 20 feet 6
22 to 34 feet 12
36 feet and longer 14
Logs overrunning the trim allowance shall be scaled to the next
standard one-foot length. Deductions shall be made from the gross
volume for rot, shake, hollow, check, sweep, crook or other visible
defects, but no deduction shall be made for blue stain when not
accompanied by other evidence of deterioration or for any defect or
damage due to the carelessness of the Purchaser. Products presented for
scaling in other than sawlog form shall be scaled as provided in the
contract.
7(d) Unmerchantable Material. Material which is more defective than
the minimum merchantable percentage and material smaller than the
minimum merchantable size, as specified in the contract, shall be culled
if left in the woods, but any such material that is taken for
manufacture or sale shall be scaled for its actual sound contents.
7(e) Scaling Waste Material. Waste in long butts, tops, broken and
partially sound logs, in other products, and in all trees designated for
cutting which are not cut or which are left felled, lodged or badly
damaged by the logging operations shall be paid for by the Purchaser at
the contract stumpage rates, except that no additional charge shall be
made for such waste material in trees the volume of which was determined
prior to the sale. The Purchaser may be required to pay at double the
contract stumpage rates for merchantable timber not designated for
cutting which is cut or seriously injured through carelessness. If
timber is injured to the extent that, in the opinion of the Officer in
Charge, it will constitute a hazard to residual trees if not removed,
the Purchaser may be required to remove such timber. Any waste material
which is paid for shall become the property of the Purchaser and may be
removed from the sale area at any time prior to the expiration date of
the contract.
7(f) Marking Products. When a separate record of the volume of
timber cut from allotments or other areas is required by the Bureau of
Indian Affairs, the Purchaser shall mark all unscaled products with
distinctive brands, as directed by the Officer in Charge, to permit
positive identification of the products with the land from which they
were cut.
7(g) Scale Reports. A copy of each 10-day scale report showing the
number of pieces and the volume and value of all products scaled under
the contract during the reporting period shall be furnished to the
Purchaser by the Superintendent. A copy of each Report of Timber Cut
showing the volume and value of timber scaled and the balances in
advance payments and advance deposits shall be furnished to the
Purchaser.
7(h) Purchaser's Check Scale. The Purchaser may arrange with the
Bureau of Indian Affairs scaler, through the Officer in Charge, for a
check scaler employed by the Purchaser to compare his scale with that of
the Bureau of Indian Affairs scaler, at hours convenient to the Officer
in Charge.
8. Logging Requirements.
8(a) Logging Plans. The Approving Officer may require the Purchaser
to present seasonal plans of logging operations for approval before
operations begin. When a logging plan has been approved there shall be
no substantial departure from it without the written consent of the
officer who approved the plan. The areas to be logged in any season may
be designated by the Approving Officer when, in his judgment, such
action is necessary to prevent deterioration of timber from fire,
insects, disease or other cause, or to insure that the sale area is
logged in such a manner as to protect fully the interests of the Seller
and the Government. The Officer in Charge may require the Purchaser to
complete logging operations begun on an allotment or on a natural
topographic unit before operations are moved to another part of the sale
area.
8(b) Logging Methods. The Purchaser's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
8(c) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize as far as practicable,
any damage to the stream course and stream sides of all streams within
the sale area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
8(d) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Purchaser may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Purchaser, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
9. Slash and Snags.
9(a) Treatment of Slash. The treatment of slash shall be
accomplished by the Purchaser concurrently with other phases of logging
operations. Slash shall mean limbs, tops, damaged young growth and
other material up to 4 inches in diameter resulting from logging, road
construction or other operations by the Purchaser.
9(b) Burning Slash. The Purchaser shall lop and pile all slash
compactly for burning. Slash piles shall be placed a sufficient
distance from reserved trees and reproduction to prevent unnecessary
damage in burning. The Purchaser shall burn slash in such a manner and
at such times as the Officer in Charge may direct. Whenever the
Purchaser allows fire to run through slash, except in compliance with
the instructions of the Officer in Charge, the Purchaser may be required
to lop and scatter or repile and reburn the slash. The Purchaser shall
make every reasonable effort to control and suppres all fires which may
spread from his slash burning operations, but he shall not be held
liable for damages caused by slash burning operations conducted in
compliance with the instructions of the Officer in Charge unless such
damages are due to the Purchaser's carelessness or negligence in the
execution of instructions. The Purchaser may be reimbursed for his
costs in suppressing slash fires not due to his carelessness or neglect.
9(c) Snag Felling. The Purchaser shall fell all unmerchantable dead
trees, within the area cutover, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed in each part of the sale area as soon as practicable
after skidding and before the slash is burned, if burning is required.
The Purchaser may be relieved of snag felling requirements on
specifically designated areas by the Superintendent at the request of
the tribal governing body on unallotted lands or at the request of the
Indian owners on allotted lands.
10. Transportation Facilities.
10(a) Authorization. The Purchaser is authorized to construct and
maintain on the contracted area and on other unallotted Indian lands
such roads, bridges and other transportation facilities as are necessary
for logging operations under the contract, subject to applicable
regulations and such conditions as the Approving Officer may impose.
Construction of transportation facilities shall not convey the right of
exclusive use to the Purchaser. In these Provisions, "construction"
shall also include reconstruction.
10(b) Road Construction. The location and design of all roads to be
constructed by the Purchaser shall minimize damage to Indian lands. The
Approving Officer may, before construction begins, require approval of
road locations and design by inspection or through the submission of
plans and specifications for the location and design of roads and
appurtenant structures.
10(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Purchaser's operations.
(1) Existing Bureau of Indian Affairs Roads. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Purchaser uses existing Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Purchaser and the Superintendent. In the event of
disagreemt, the determination shall be made by the Superintendent.
(2) Roads Constructed by Purchaser. Main roads which are constructed
by the Purchaser and which are designated by the Approving Officer as
roads that will be used as principal access for subsequent
administration, management or protection of Indian timber shall be
maintained by the Purchaser to prevent deterioration in periods of
non-use during the life of the contract. Required maintenance may
include blading the surface to remove ruts and other obstructions to
surface drainage, cleaning drainage ditches, cleaning and repairing
drainage structures or other action prescribed by the Officer in Charge.
Similar maintenance may be required on such designated roads prior to
abandonment.
10(d) Use by Other Parties. Roads constructed by the Purchaser under
authority of the contract or on rights-of-way held by the Bureau of
Indian Affairs may be used by other parties as authorized by the
Approving Officer, provided that, in the opinion of the Approving
Officer, the use by other parties will not cause unreasonable
interference with the operations of the Purchaser. Such other parties
shall provide improvements and maintenance to the roads as may be
reasonable and equitable to prevent appreciable increases in the
Purchaser's costs of operation as a result of joint use. The extent of
such obligations shall be agreed upon by the parties concerned, subject
to a final determination by the Approving Officer if the parties
disagree.
10(e) Improvements. All bridges, drainage structures, cattle guards
or other improvements installed on any road by the Purchaser shall be
left intact at the completion of logging operations, unless the removal
of such improvements is authorized or required by the Approving Officer.
11. Fire Prevention and Suppression.
11(a) Fire Plans. When requested by the Approving Officer, the
Purchaser shall prepare, in cooperation with the Officer in Charge, a
plan for the prevention and suppression of fires on the sale area for
the approval of the Approving Officer. The plan shall fully reflect the
Purchaser's fire protection obligations under the contract. Neither the
approval of the plan nor anything contained therein shall relieve the
Purchaser from any responsibility under the terms of the contract.
11(b) Fire Precautions. The Purchaser shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Approving Officer to meet the fire
protection requirements of the contract and the existing fire danger.
The requirements shall not be less than are required under the laws of
the State in which the sale area is located.
11(c) Fire Suppression. The Purchaser shall take immediate and
independent initial fire suppression action on all fires on the sale
area and shall use all necessary manpower and equipment at his disposal,
including the employees and equipment of his subcontractors engaged on
or near the sale area in construction or in logging, removing or
processing timber. When called upon by the Officer in Charge, the
Purchaser shall make available any or all of his manpower and equipment,
including that of his subcontractors, for hire by the Bureau of Indian
Affairs and to work under the direction of any authorized employee of
the Bureau of Indian Affairs in the suppression of any fire on or
threatening Indian lands.
11(d) Fire Suppression Costs.
(1) Purchaser fires. If the Purchaser, his employees, his
subcontractors or their employees, are responsible by act or neglect for
the origin or spread of a fire, hereinafter called a Purchaser fire, the
Purchaser shall pay all the costs of fire suppression, including those
incurred by the Bureau of Indian Affairs.
(2) Non-Purchaser Fires. Fires for which the Purchaser or his
employees, his subcontractors or their employees, are in no way
responsible by act or neglect are hereinafter called non-Purchaser
fires. The Purchaser's cost of suppressing such fires shall be computed
at rates established by the Bureau of Indian Affairs.
On the sale area the Purchaser shall pay one-half of the total
suppression costs of non-Purchaser fires, provided that the Purchaser's
obligation shall be limited in any calender year to a maximum of one
percent of the total estimated value of the timber covered by the
contract computed at the estimated volumes and the bid rates shown in
the contract. In the event that other sales are made within the sale
area in accordance with Section 13(a) herein, the Purchasers shall share
the obligation to pay one-half of the total suppression costs of
non-Purchaser fires according to the relationship of the total estimated
value of the timber covered by each contract to the total estimated
value of the timber covered by all of the contracts. However, if a fire
is determined to be a Purchaser fire with respect to one of the
Purchasers, he shall be liable for all of the suppression costs of other
Purchasers on the sale area.
Outside the sale area, the Purchaser shall be reimbursed for all of
his costs in suppressing non-Purchaser fires.
The provisions of this section shall not be construed as relieving
the Purchaser of fire suppression costs for which he is otherwise liable
under State law.
11(e) Liability for Fire Damage. The Purchaser shall pay for all
damages caused by a Purchaser fire to timber or any other property of
the Indians or the Government in an amount to be determined by the
Approving Officer. The Purchaser's liability for losses sustained by
the Indians or the Government from non-Purchaser fires shall be in
accordance with the provisions of Section 6 (c) herein.
12. Improvements.
12(a) Existing Improvements. The Purchaser may be given permission
to use existing improvements which are already on lands covered by the
contract and which are necessary for his logging operations under the
contract, subject to applicable regulations and such conditions as the
Approving Officer may impose. All telephone lines, fences, roads,
trails and other improvements shall be protected as far as possible in
all phases of the Purchaser's operations and, whenever they are damaged,
the Purchaser may be required to repair them promptly to as good
condition as before the damage.
12(b) Damage to Land and Other Property. Damage to land or other
property of the Indians or the Government which cannot be repaired shall
be paid for by the Purchaser in an amount to be determined by the
Approving Officer. In determining the amount of such damages, the
Approving Officer shall consider the value of any permanent improvements
made to the land by the Purchaser.
12(c) Construction of Improvements. The Purchaser, with the approval
of the Approving Officer and subject to such conditions as he may impose
and to applicable regulations, may construct on lands covered by the
contract such improvements as are necessary for his operations under the
contract.
12(d) Use of Timber. Fuelwood and improvements shall be made as far
as practicable from unmerchantable timber and such material shall not be
charged to the Purchaser. The use of any material not covered by the
contract from Indian lands may be restricted by the Approving Officer.
12(e) Removal of Property. The Purchaser shall remove all of his
improvements and other property within six months from the expiration
date of the contract except for improvements installed on roads as
provided in Section 10(e) herein or unless he is authorized by the
Approving Officer to leave such improvements. After that time, the
title to all improvements and to other property shall attach to the
land.
12(f) Sanitation. All improvements constructed or used by the
Purchaser on lands belonging to the Indians or the Government, such as
camps, mills and other structures, and the grounds adjacent thereto,
shall be maintained in a clean and sanitary condition. Rubbish shall be
removed and properly buried or burned during the occupancy of such
structures. Upon the abandonment or removal of improvements, the sites
shall be thoroughly cleaned up and all rubbish and debris shall be
disposed of.
13. Other Conditions.
13(a) Other Sales Within Sale Area.
(1) Salvage Sales of Minor Volumes. Separate salvage sales of minor
volumes of timber covered by the contract may be made when the Approving
Officer and the Purchaser agree in writing that the scattered location
of single trees or small groups of trees to be salvaged cannot
reasonably be removed in the Purchaser's operations.
(2) Other Material. Other sales may be made within the sale area of
material not included in the terms of the Purchaser's contract, provided
such sales will not, in the judgment of the Approving Officer, cause
unreasonable interference with operations of the Purchaser. Other
Purchasers may be required to provide improvements to
Purchaser-constructed roads in accordance with Section 10(d) herein.
13(b) Rights-of-Way. Rights-of-way may be granted to other parties
through any portion of this sale area during the life of the contract
provided such rights-of-way will not, in the judgment of the Approving
Officer, cause unreasonable interference with the operations of the
Purchaser.
13(c) Bureau of Indian Affairs Services. The Bureau of Indian
Affairs will furnish scaling, marking and other services within a basic
workweek of 8 hours per day for 5 days per week, exclusive of Sundays
and Government holidays, unless additional services are requested by the
Purchaser and approved by the Superintendent. The Purchaser shall pay
for additional services as required by the Act of 560730 (25 U.S.C.
407d).
13(d) Purchaser and Bureau of Indian Affairs Representatives on Sale
Area. At all times when construction or logging operations are in
progress, the Purchaser shall have a representative readily available in
the area of such operations who shall be authorized to receive in behalf
of the Purchaser any notices or instructions from the Officer in Charge
or other authorized representative of the Bureau of Indian Affairs in
regard to performance under the contract and to take such action thereon
as is required by the terms of the contract. Written designation of the
representative may be required by the Superintendent. At the request of
the Purchaser, the Superintendent shall designate in writing the name of
the Bureau of Indian Affairs representative who shall supervise
operations under the contract.
13(e) New Bond. Whenever any bond furnished to guarantee obligations
under the contract shall be unsatisfactory to the Approving Officer he
may require the Purchaser to furnish a new bond which shall be
satisfactory to the Approving Officer.
13(f) Indian Labor. The Purchaser shall employ Indian labor at the
same wages as other labor and in preference to other labor not already
in his employ whenever Indian labor seeks employment and is competent.
13(g) Financial Statements. At the close of each year used by the
Purchaser as a basis for his records, and no later than the date
specified by the Approving Officer, the Purchaser shall submit to the
Superintendent three copies each of a balance sheet, profit and loss
statement and detailed statement of operating costs and sales. The
statements shall be of a form satisfactory to the Commissioner, and
shall be certified by a certified public accountant and the Purchaser.
In addition to or in lieu of the statements by the Purchaser, the
Commissioner in his discretion may require the Purchaser to submit such
certified statements for his divisions and subsidiaries (wholly owned or
controlled) or his subcontractors which are engaged in operations under
the contract or in the manufacture or sale of products produced
therunder. The statements shall be considered as confidential material
and shall be available only to Government employees whose official
duties require access to the information therein.
13(h) Purchaser's Records. Records pertaining to the logging,
manufacture and sale of material covered by the contract by the
Purchaser, his divisions and subsidiaries (wholly owned or controlled)
and his subcontractors, and such other records as it may be necessary to
review to confirm the statements submitted by the Purchaser, shall be
open to inspection at any reasonable time by the Commissioner, Bureau of
Indian Affairs, or the Approving Officer or any officer designated by
them for the purpose of obtaining information of the type used by the
Bureau of Indian Affairs in stumpage appraisals and adjustments. The
information so obtained shall be regarded as confidential and shall be
available only to Government employees whose official duties require
access to it. The right of inspection shall extend for a reasonable
time beyond the period of the contract to provide the Bureau of Indian
Affairs an opportunity to obtain relevant information for the full
contract period.
13(i) Maintenance of Order. The Purchaser shall comply with all laws
and regulations relating to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors.
13(j) Officials not to Benefit. No Member of, or Delegate to,
Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom unless
it is made with a corporation for its general benefit.
SALE OF TIMBER
QUINAULT INDIAN RESERVATION
ORAL AUCTION BIDS will be received by the Superintendent, Western
Washington Indian Agency, or his authorized representative at Hoquiam
City Hall Building, Hoquiam, Washington, beginning at 2:00 p.m., Pacific
Standard Time, 600607, for the purchase of timber on a tract within the
Quinault Indian Reservation designated as the "Queets No. 1 Logging
Unit", more specifically described as that portion of the Sam Sam
Allotment No. 392, described as Lot 4, Section 3, containing
approximately 19 acres; all of the Sally Jones allotment No. 330,
described as Lots 1 & 9, Section 4, containing approximately 73 acres;
that portion of the Phyllis Penn Allotment No. 2071, described as Lot
16, Section 4, containing 40 acres; that portion of the Theodore Hudson
Jr. Allotment No. 1884, described as Lot 15, Section 4, containing 40
acres; and Tribal lands described as Lots 10, 17 and 18, Section 4,
containing approximately 116 acres, all of which lies in Township 23
North, Range 13 West, Willamette Meridian, Washington, containing a
total net acreage to be cut of approximately 288 acres, situated along
the Queets River and U. S. Highway 101 at the junction of the Cape
Elizabeth road in Graye Harbor County. This unit includes an estimated
stand to be cut of approximately 2,392,000 board feet of western
redcedar; 1,101,000 board feet of Pacific silver fir, 2,715,000 board
feet of Sitka spruce; and 2,453,000 board feet of western hemlock and
other species, which estimates are not guaranteed. A general contract
for the Tribal timber will be executed after which separate contracts
will be entered into for each allotment on the sale unit. Each bidder
must state the price per thousand feet, B.M., Scribner Decimal C Log
Scale that will be paid for timber cut, and no bid will be considered
for less than $12.60 per M feet, B.M., for western redcedar, $12.55 per
M feet, B.M., for Pacific silver fir; $16.50 per M feet, B.M., for
Sitka spruce and $11.65 per M feet, B.M. for western hemlock and other
species. To qualify for oral bidding, all bidders must submit a sealed
bid, in duplicate, on forms provided therefor, marked outside, "Bid,
Queets No. 1 Logging Unit", addressed to the Superintendent, Western
Washington Indian Sub-Agency, Hoquiam, Washington, prior to 2:00 p.m.
600607. Sealed bids will be posted at the beginning of the auction for
the information of all bidders. Deposits in the form of either a
certified check, cashier's check, bank draft, or postal money order,
drawn payable to the order of the Bureau of Indian Affairs, or in cash,
in the amount of Ten Thousand Dollars ($10,000.00), must accompany each
sealed bid. If an oral bid is declared to be high at the close of the
auction, the bidder must immediately ILLEGIBLE LINE
BUREAU OF INDIAN AFFAIRS
WESTERN WASHINGTON INDIAN AGENCY QUINAULT INDIAN RESERVATION
QUEETS NO. 1 LOGGING UNIT PROSPECTUS
General Location: Approximately 70 miles north of Hoquiam at the
junction of the Cape Elizabeth road, and approximately one mile south of
Queets Village.
Legal Description: This sale is located in that portion of the Sam
Sam Allotment #392, described as Lot 4, Section 3; all of the Sally
Jones Allotment #330, described as Lots 1 & 9, Section 4; that portion
of the Phyllis Penn Allotment #2071, described as Lot 16, Section 4;
that portion of the Theodore Hudson Jr. Allotment #1884, described as
Lot 15, Section 4; and Tribal lands described as Lots 10, 17 and 18,
Section 4, all of which lies in Township 23 North, Range 13 West,
Willamette Meridian, Washington, and contains a total of approximately
288 acres.
Timber Type: Overmature western hemlock, Sitka spruce and western
redcedar.
Estimated Timber Volumes, Log Grade Percentages and Advertised Rates:
"Table not keyed see original"
Type of Sale: Log scale basis, Scribner Decimal C.
Time Limit: All timber to be cut and removed by the contract
expiration date of 620712.
Minimum Cut: The purchaser will be required to cut and remove at
least 2,000,000 board feet during the calendar year 1960.
Cash Deposit: $10,000.00 submitted with each bid.
Bond: $15,000.00.
Accessibility: Via U. S. Highway 101.
Logging Conditions: Good - easy high lead show.
Fire Lines: Fire lines shall be located and constructed particularly
along Highway 101 as directed by the Officer in Charge. Such lines will
be cut to mineral soil using a tractor with bulldozer attachment.
Scaling: Logs cut on this sale shall be scaled by the Grays Harbor
Log Scaling and Grading Bureau. Scaling by the Scaling Bureau shall not
be exclusive so as to prevent scaling by the Indian Bureau of logs not
delivered to the points of scaling.
Branding: The purchaser will be required to register a brand to be
used exclusively on each allotment and tribal lands of this sale, and to
brand all logs with the appropriate brand before removal from the sale
area.
Remarks: Volumes and Grade Percentages are estimates only, and are
not guaranteed. Bureau of Indian Affairs bid forms for use in
submitting sealed bids and full information concerning the timber, the
conditions of the sale and the submission of bids should be obtained
from the Superintendent, Western Washington Indian Agency, 1620 Hewitt
Avenue, Everett, Washington, or his representative at Room 206, Post
Office Building, Hoquiam, Washington, or the Area Director, Bureau of
Indian Affairs, Portland Area Office, P. O. Box 4097, Portland 8,
Oregon.
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
WASHINGTON
560100
Maps not keyed, see original
TO BE EXECUTED IN SEXTUPLET
Bond No. 404FG 9258
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
BOND
KNOW ALL MEN BY THESE PRESENTS, That we, Delbert, Donald and James
Womer of Amanda Park, State of Washington, partners doing business under
the firm name of Womer Bros. Logging Company, having an office and
principal place of business at Amanda Park in the State of Washington,
as principal, and of , state of and , of State of (or ST. PAUL FIRE AND
MARINE INSURANCE COMPANY - Seattle, Washington, a corporation organized
and existing under the laws of the State of Minnesota, having its
principal office at St. Paul, Minn, as surety , are held and firmly
bound unto the United States of America in the penal sum of Fifteen
Thousand dollars ($15,000,00), lawful money of the United States, for
the payment of which, well and truly to be made, we bind ourselves, each
of us, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
Sealed with our seals and dated this the 600624
The condition of this obligation is such that--
WHEREAS, WOMER BROS. LOGGING COMPANY , principal herein, did on the
600607 propose to purchase, at the rate of Twelve and 60/100 dollars
($12.60), per M feet, B.M., for western redcedar; Eighteen and 30/100
dollars ($18.30) per M feet, B.M. for Pacific silver fir; Twenty One
and 75/100 dollars (21.75) per M feet, B.M. for Sitka spruce; and
Sixteen and 65/100 dollars ($16.65) per M feet, B.M. for western hemlock
and other species on certain lands within the Quinault Indian
Reservation in Washington, described as follows, to wit: that portion
of the Sam Sam allotment #392, described as Lot 4, Section 3, containing
19 acres; all of the Sally Jones allotment #330, described as Lots 1 &
9, Section 4, containing 73 acres; that portion of the Phyllis Penn
allotment #2071, described as Lot 16, Section 4, containing 40 acres;
that portion of the Theodore Hudson Jr. allotment #1884, described as
Lot 15, Section 4, containing 40 acres; and Tribal lands described as
Lots 10, 17 and 18, Section 4, containing 116 acres, all in Township 23
North, Range 13 West, Willamette Meridian, Washington and did stipulate
and agree that if the said proposal was accepted by the Area Director
the proposal and its acceptance should reduced promptly to a written
contract and constitute a binding agreement for the sale of said timber,
and that said principal would cut, fell, remove, and pay for said timber
in accordance with the regulations accompanying the proposal and the
written contract executed between the parties pursuant thereto, and the
said regulations which form a part thereof, and
WHEREAS, said Area Director did on the 600615 duly accept said
proposal, and the proposal and acceptance were thereupon reduced to a
written contract.
NOW, THEREFORE, if the above-bounden Womer Bros. Logging Company
heirs, executors, administrators, successors, and assigns, shall
faithfully conform to and observe all the laws and regulations made and
which shall be hereafter made for the governing of trade and intercourse
with the Indians, and in no respect violate the same, and conduct all
timber operations in accordance with said regulations, and all
provisions of the proposal and acceptance and the written contract
entered into by the parties pursuant thereto and in no respect violate
said regulations or contract, or either of them, then, and in that
event, this obligation shall be null and void; otherwise it shall
remain in full force and effect.
IN WITNESS WHEREOF, we hereunto set our hands and seals this the
600624 (CORPORATE SEAL OF PRINCIPAL IF CORPORATION)
Attest:
TWO WITNESSES REQUIRED TO SIGNATURE OF EACH PRINCIPAL AND SURETY.
PRINCIPALS AND SURETIES SIGN AND AFFIX SEALS WITNESSES:
(ILLEGIBLE)
(ILLEGIBLE)
(ILLEGIBLE) Rt1 Box 122 Hoq
WORMER BROS. LOGGING COMPANY
James Womer Amanda Park, Washington
Attest:
Evalin V. Hanseen Secretary.
ST. PAUL FIRE AND MARINE INSURANCE CO.
by Mary D. White Attorney-in-Fact
DEPARTMENT OF THE INTERIOR
600802
APPROVED:
(ILLEGIBLE) ASSISTANT AREA DIRECTOR
NOTE.--Two individual sureties are required. A corporate surety duly
qualified under the act of Congress of 940813, (28 Stat. L., 279), and
that of 100323 (36 Stat. L., 241), may be accepted as a sole surety.
Corporate sureties are preferred. The sureties must justify in amounts
the aggregate of which will be equal to at least twice the penalty of
the bond.
In all cases where an officer signs for a corporation, either as
principal or surety, there must be attached to the bond either an
original certification, signed by the board of directors, of the
authority of the signing officer, or officers, to sign for and in behalf
of corporations; or a copy of a resolution of the board of directors
granting a general authority of this character to the signing officer or
officers, certified by the president and secretary of the corporation,
under the corporate seal, as a true and accurate transcript of the
resolution.
CERTIFIED COPY OF POWER OF ATTORNEY
Original on File at Home Office of Company. See Certification
FIDELITY AND SURETY DEPARTMENT
ST. PAUL FIRE AND MARINE Insurance Company HOME OFFICE ST. PAUL
MINNESOTA
KNOW ALL MEN BY THESE PRESENTS That the St. Paul Fire and Marine
Insurance Company, a corporation organized and existing under the laws
of the State of Minnesota, and having its principal office to the City
of Saint Paul, Minnesota, does hereby constitute and appoint
Aubrey A. Reef, Krylton S. Waill and Mary D. White, Individually
Colman Building Seattle, Washington
its true and lawful attorney(s)-in-fact to execute, seal and deliver
for and its behalf as surety, any and all bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in
the nature thereof, which are or may be allowed, required or permitted
by law, statute, rule, regulation, contract or otherwise, and the
execution of such instrument(s) in pursuance of these presents,
ILLEGIBLE LINE ILLEGIBLE LINE
This Power of Attorney is executed, and may be certified to and may
be revoked, pursuant to and by authority of Article V. Section 8, of
the By-Laws adopted by the Board of Directors of the St. Paul Fire and
Marine Insurance Company at a meeting called and held on the 520117, of
which the following is a true transcript of said Section 8
"The President or any Vice President, Resident Vice President,
Secretary, or Resident Secretary, shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on
behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and
(2) To appoint Special Attorneys-in-fact, who are hereby authorized
to certify to copies of any power-of-attorney issued in pursuance of
this section and/or any of the By-Laws of the Company, and
(3) To remove at any time any such Attorney-in-fact and revoke the
authority given him."
IN TESTIMONY WHEREOF, the St. Paul Fire and Marine Insurance Company
has caused this instrument toi be signed and its corporate seal to be
affixed by its authorized officer, this day of 990706 A.D.
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
STATE OF MINNESOTA Country of Ramery
Illegible
Vice President.
On this 590706, before me came the individual who executed the
preceding instrument, to the personally known, and, being by me duly
sworn, said that he is the therein described and authorized officer of
the St. Paul Fire and Marine Insurance Company; that the seal affixed
to said instrument is the Corporate Seal of said Company, that the said
Corporate Seal and his signature were duly affixed by order of the Board
of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
Official Seal, at the City of Saint Paul, Minnesota, the day and year
first above written.
C. L. JABGER Notary Public, Ramsey County, Minn. My Commission
Expires 600602.
CERTIFICATION
HOME OFFICE ST. PAUL MINNESOTA
KNOW ALL MEN BY THESE PRESENTS That the St. Paul Fire and Merine
Insurance Company, a corporation organized and existing under the laws
of the State of Minnesota, and having its principal office in the City
of Saint Paul Minnesota, dose hereby constitute and appoint
Aubery A. Reef, kylton S. Waill and Mary D. White, Individually
Colman Building Seattle, Washington its true and lawful
attorney(s)-in-fact to execute, seal and deliver for and on its behalf
as surety, any and all bonds and undertakings, recognizances, contracts
of indemnity and other writings obligatory in the nature thereof, which
are or may be allowed, required or permitted by law, statue, rule,
regulation, contract or otherwise, and the execution of such
instrument(s) in pursuance of these presents,
ILLEGIBLE LINE
ILLEGIBLE LINE
This Power of Attorney is executed and may be certified to and may
revoked, pursuant to and by authority of Article V. Section 8, of the
By-Laws adopted by the Board of Directors of the St. Paul Fire and
Marine Insurance Company at a meeting called and held on the 520117, of
which the following is a true transcript of said Section 8.
"The President or any Vice President, Resident Vice President,
Secretary or Resident Secretary, shall have power and authority
(1) To appoint Attorneys-in-fact and to authorize them to execute on
behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and
(2) To appoint Special Attorneys-in-fact, who are hereby authorized
to certify to copies of any power-of-attorney issued in pursuance of
this section and/or any of the By-Laws of the Company, and
(3) To remove at anytime any such Attorney-in-fact or Special
Attorney-in-fact and revoke the authority given him."
IN TESTIMONY WHEREOF, the St. Paul Fire and Marine Insurance Company
has caused this instrument to be signed and its corporate seal to be
affixed by its authorized officer, this day of 590700 A.D.
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
(ILLEGIBLE)
Vice President
STATE OF MINNESOTA County of Ramsey
On this 590706, before he came the individual who executed the
preceding instrument, to me personally known, and being by me duly
sworn, said that he is the therein described and authorized officer of
the St. Paul Fire and Marine Insurance Company; that the seal affixed
to said instrument is the Corporate Seal of said Company; that the said
Corporate Seal and his signature were duly affixed by order of the Board
of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
Official Seal, at the City of Saint Paul, Minnesota, the day and year
first above written.
C.L. JABGER Notary Public, Ramsey County, Minn. My Commission
Expires 600602.
CERTIFICATION
I, the undersigned, a Special Attorney-in-fact of the St. Paul Fire
and Marine Insurance Company, duly appointed persun so and by authority
of the By-Laws of said Company, do hereby certify that I have compared
the foregoing copy of the Power of Attorny and affidavis, and the copy
of the Section of the By-Laws of said Company as set forth in said Power
of Attorney, with the ORIGINAL ON FILE IN THE HOME OFFICE OF SAID
COMPANY, and that the same are correct transcripts thereof, and of the
which of the said original, and that the said Power of Attorney has not
been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 600624
#Unlimited as to character and amount.
H. Wiggreet Special Attorney-in-fact
RESOLUTION NO. OF THE QUINAULT INDIAN TRIBE
Taholah, Washington
590230
WHEREAS, title to certain parcels of land lying within the Quinsult
Indian Reservation designated as Lots 10, 17, 18, 19, 20 and 21, all in
Section 4, Township 23 North, Range 13 West, Willamette Meridian,
containing 214.88 acres, is held by the United States in trust for the
Quinsult Tribe of Indians, and,
WHEREAS, said parcels of land contain quantities of Western Red
Cedar, Sitka Spruce, Western Hemlock, and Pacific Silver Fir suitable
for manufacture into semlogs,
THEREFORE BE IT RESOLVED, that the Superintendent of the Western
Washington Indian Agency is hereby authorized to advertise and sell to
the highest bidder all the merchantable timber on the above mentioned
tracts in accordance with the Code of Federal Regulations of the
Department of the Interior covering the sale of such timber.
Signed this 590228,
QUINAULT TRIBAL BUSINESS COMMITTEE
ILLEGIBLE
ILLEGIBLE
ILLEGIBLE
ILLEGIBLE
ILLEGIBLE
ATTEST: Cleveland Jackson President Francis McCorey Secretary
The foregoing resolution was adopted by the Quinault Tribal Council
at a meeting held on 590228, at which time a quorum was present by a
vote of 5 for and none against.
PARTNERSHIP AGREEMENT
THIS AGREEMENT made and entered into this day of 500400, by and
between DELBERT WOMER, hereinafter known as the party of the first part,
and DONALD WOMER, hereinafter known as the party of the second part and
JAMES WOMER, hereinafter known as the party of the third part;
WHEREAS, the parties hereto are desirous of forming a co-partnership
to engage in the logging business, and are desirous of reducing to
writing their co-partnership agreement in connection therewith, the
parties hereto mutually agree:
1. The business of logging shall be conducted under the firm name
and style of WOMER BROS. LOGGING COMPANY, of Aberdeen, Washington. The
parties hereto have each contributed one-third (1/3) of the capital of
said co-partnership.
2. Each of the partners hereto shall own an undivided one-third
(1/3) interest in said busines and each shall be entitled to one-third
(1/3) of all profits and shall be be responsible for the debts and
obligations in proportion to the share owned in said business.
3. It is understood and agreed that this partnership shall continue
indefinitely so long as it is mutually agreeable to the parties.
4. It is further understood and agreed that in the event of the death
of either of the partners, or should either partner desire to withdraw
from the co-partnership, the remaining partners shall have the first
right and option to purchase the interest of the one so dying or
withdrawing from the partnership at a price to be agreed upon between
the parties remaining and the party withdrawing or the legal
representatives of the deceased partner. In the event a dispute should
arise between the party withdrawing and the remaining parties or the
representatives of the deceased partner and the remaining partners, such
dispute shall be submitted to arbitration as hereinafter provided. That
is, the party withdrawing, or the representative of the deceased
partner, shall select one arbitrator and the remaining partners shall
select one arbitrator, and the two so selected shall select a third
arbitrator and a decision of the majority of the three arbitrator shall
be binding upon the parties and it shall be obligatory to exhaust the
rights of arbitration before either party will resort to the Court.
This contract shall be binding upon the executors, administrators and
representatives and heirs of any partner who may die during the life of
this partnership.
It is further understood and agreed that this partnership shall keep
full, complete and accurate books of account on all business
transactions, which books of account shall be open for examination and
inspection by either of the partners at any time.
This partnership agreement shall be subject to amendment at any time
at the consent of all of the partners by merely attaching
a written amendment hereto signed by all of the partners.
Delbert Womer
Party of the First Part
Donald Womer
Party of the Second Part
James Womer
Party of the Third Part
APPROVED:
Eva Womer wife of Delbert Womer.
Margaret Womer wife of Donald Womer.
Etta Womer wife of James Womer.
Womer Bros. Logging Co.
P.O. Box 297-A Amanda Park, Wash.
600623
United States Department of the Interior Bureau of Indian Affairs
Hoquiam, Washington
Gentlemen:
Mr. James Womer has our permission to sign all contracts for the
purchase of Queets No. 1 Timber Sale.
We authorize him to sign on our behalf.
Very truly Yours,
Delbert Womer-Partner
Donald Womer-Partner
ABSTRACT of proposals received at Hoquiam, Washington 600607 for Sale
of Timber, Queets No. 1 Logging Unit for Western Washington Agency,
Hoquiam, Washington.
Table not keyed, see original
It is hereby certified that in addition to the bids abstracted on
this form, invitations to quote were sent to the following:
see attached mailing list
It is also certified that all bids received are listed hereon and
were received on or before the date and hour fixed for opening bids,
which was 2:00 O'clock P. M. with the exception of Proposal No. which
was considered and abstracted or eliminated for consideration for
reasons appearing elsewhere on the abstract or in report attached
hereto.
(Sgd) C. W. Ringey, Superintendent
MAILING LIST FOR GREEN TIMBER
1. Aberdeen Plywood & Veneers, Inc. Box 1036, Aberdeen, Wash.
3. Allen Logging Co. Forks, Wash.
4. Alcha Lmbr. Corp. Aloha, Wash.
5. Bill Ames 1125 East 80th Avenue, Olympia, Wash.
7. Anderson & Middleton Log. Co. Box 80, Aberdeen, Wash.
8. Nansen Anderson Forks, Wash.
9. Ray Anderson Cosmopolis, Wash.
11. R. V. Arrington Humptulips, Wash.
12. Paul Atkinson Forks, Wash.
13. Norman Bailey Route 1, Hoquiam, Wash.
14. Mike Baldasare 8202 South Tacoma Way, Tacoma, Wash.
15. Barton & Reyavaan 109 North Broadway, Aberdeen, Wash.
16. Forrest Baty 1527 East 10th, McMinnville, Ore.
17. C. W. Benedict 2301 Bay Avenue, Aberdeen, Wash.
18. Grover Biles Box 131, Enumclaw, Wash.
19. William Binion Heilton, Wash.
20. Edward Birkenfeld Box 504, Myrtle Creek, Cre.
21. E. K. Bishop Lbr. Co. Aberdeen, Wash.
22. Garett Black Cosmopolis, Wash.
23. Blagen Lbr. Co. Hoquiam, Wash.
24. Hubert Bodine Little Rock, Wash.
25. Willie Boyer Route 2, Box 456, Chehalis, Wash.
26. Buck Mt. Logging Co. Box 57, Shelton, Wash.
27. Cames Logging Co. Box 33, Little Rock, Wash.
28. Bob Carl Cosmopolis, Wash.
29. D. J. Caulkins Log. Co. Box 21, Forks, Wash.
30. Chambers Creek Lbr. Co. 6402 So. Tacoma Way, Tacoma, Wash.
31. G. T. chapman Route 2, Box 1138, Shelton, Wash.
32. Denter Charles 2700 Simpson Avenue, Hoquiam, Wash.
33. Clyde Clark Bay Center, Wash.
34. Bert Cole Forks, Wash.
35. Columbia Hudson Lbr. Co. 333 Pacific Building, Portland, Ore.
36. Howard Conkle 2646 34th West, Seattle, Wash.
37. Coos Day Pulp Co. Anacortes, Wash.
38. Crown Zellerbach Corp. Port Angeles, Wash.
39. Crow's Lumber Digest 8085 West15th, Portland 5, Ore.
40. Joe Damon Forks, Wash.
41. Danielson Bros. Forks, Wash.
42. Davidson Log. Co. Vaughn, Wash.
43. Davidson Log. Co. Box 1355, Ketchikan, Alaska
44. DeHart Bros. Route 10, Box 596, Olympia, Wash.
45. Delson Lbr. Co. West Bay Drive, Olympia, Wash.
46. Dickman Lbr. Co. 2423 Ruston Way, Tacoma, Wash.
47. Martin Diimel Forks, Wash.
49. Bernard L. Durham 3122 Cherry, Hoquiam, Wash.
50. Leif Ellington 122 West Front St., Port Angeles, Wash.
51. Esocs Log. Co. Amanda Park, Wash.
52. Far West Log. Co. Forks, Wash.
53. Henry Fennell Route 8, Box 198, Olympia, Wash.
54. C. R. Finney Morton, Wash.
55. Royalance A. Forbes Route 2, Box 101, Amanda Park, Wash.
56. Forest Industries Review 309 SW 4th Ave., Portland, Oregon
57. Arthur Freed Box 123, Alder, Wash.
58. Georgia Pacific Ply. Corp. Portland, Oregon
59. Lloyd Gladson Route 1, Box 63, Aberdeen, Wash.
60. Ralph Graham Route 3, Box 241, Hoquiam, Wash.
61. GWL Logging Co. Quinault, Wash.
62. Hail Guinn Route 1, Box 241, Hoquiam, Wash.
63. Harbor Plywood Box 940, Aberdeen, Wash.
64. Robert Harpster Cosmopolis, Wash.
65. George Hawks, Sales Mgr.
Huffman Motors Box 367, Aberdeen, Wash.
66. William Heiner Star Route, So Bend, Wash.
67. F. R. Henry Logging Co. Box 357, Forks, Wash.
68. E. F. Hermann 2217 Cherry, Hoquiam, Wash.
69. Andrew Hillard Star Route, Cosmopolis, Wash.
70. Charles Hinds 508 Meadow St., Tillamook, Ore.
71. Hoquiam Ply. Corp. Hoquiam, Wash.
72. William Howard Forks, Wash.
73. John Impola 83 Columbia St., Seattle, Wash.
74. Iskra Bros. Amanda Park, Wash.
75. Cleve Jackson Taholah, Wash.
76. James Jackson Moclips, Wash.
77. Theodore Jackson Morton, Wash.
78. Forrest Jensen Route 1, Box 1081, Bremerton, Wash.
79. J & H Logging Co. Box 277, Hoquiam, Wash.
80. Clarence K. Kemp Box 304, Forks, Wash.
81. K & W Logging Co. 2933 Simpson Avenue, Hoquiam, Wash.
82. Windsor Kuchler Box 55, South Bend, Wash.
83. Lamo Logging Co. Route 3, Box 155, Hoquiam, Wash.
84. Lamb & Sons Logging Co. Box 566, Forke, Wash.
85. E. W. Leffler Route 2, Gaston, Oregon
86. Lewis Layton Route 1, Box 595, Shelton, Wash.
87. C. D. Lloyd 226 North Forest, Bellingham, Wash.
88. E. M. Lohrer Route 7, Box 229, Olympia, Wash.
89. Lopez Lbr. Co. Lopez, Wash.
90. N & D Tbr. Co. Airport Way, Hoquiam, Wash.
91 Bert Maris Forks, Wash.
93. George Martinson 1912 West 6th, Aberdeen, Wash.
94. Gordon Matthews 323 West 13th St., Port Angeles, Wash.
95. Hayr Bros. Log. Co. Reach Road, Hoquiam, Wash.
96. McDonald Log. Co. Amanda Park, Wash.
97. Lester McGee Shelton, Wash.
98. Carlen & McKay 317 3rd St., Aberdeen, Wash.
99. John L. McMoil route 4, Box 203-A, Chehalis, Wash.
100. Rojer McRea 431 Finch Building, Aberdeen, Wash.
101. Merrill & Ring Western Lbr. Co., Port Angeles, Wash.
102. Alfred Miller Box 182, PeEll, Wash.
103. B. C. Miller Cedar Co. Box 1080, Aberdeen, Wash.
104. J. C. Miller 1824 Bel-Aire Drive, Aberdeen, Wash.
105. Morrison Log. Co. Box 1019, Aberdeen, Wash
106. Joseph W. Mueller Route 2, Box 55-E, Estacada, Oregon
107. Jack Mulkey 236 Chenault, Hoquiam, Wash.
108. Nettleton Toe. Co. Box 3305, Seattle 14, Wash.
109. Northwest Door Co. Tacoma, Wash.
110. Olson & Osborn Amanda Park, Wash.
111. Olympia Harbor Lbr. Co. Box 716, Olympia, Wash.
112. Leighton Palmer, Oakville, Wash.
113. Norman C. Pauley 1100 Mt. Whitney Avenue, Vancouver, Wn.
114. Martin Pauleen 1919 5th Aven., Seattle, Wash.
115. Herman Pehl 616 6th St., Hoquiam, Wash.
116. Peninsula Ply. Corp. Port Angeles, Wash.
117. Peninsula Shingle Co. Forks, Wash.
118. Walter Plumb Copalis Beach, Wash.
119. Puget Sound Ply. Corp. 238 East F St., Tacoma, Wash.
120. Rayonier Incorporated Box 539, Hoquiam, Wash.
121. C. R. Riebe 320 Karr Avenue, Hoquiam, Wash.
122. Roscoe & Winston Rose Box 55, Alder, Wash.
123. S & L Johnson Bros. Route 1, Box 208, Oakville, Wash.
124. John Sahler Route 2, Box 213, Raymond, Wash.
126. Wilfred Sanders Route 1, Box 166, Oakville, Wash.
127. Sandview Pulp Co. Everett, Wash.
128. C. J. Scheewe Route 2, Box 1274, Camas, Wash.
129. John Schully Route 2, Box 386, Olympia, Wash.
130. Seabord Lbr. Co. Box 257, Seattle, Wash.
131. Seattle Sedar Mfg. Box "A", Bella Station, Seattle 7, Wn.
132. Lyle Secena Box 152, Oakville, Wash.
133. James H. Skalley 2205 Bestmont Way, Seattle 99, Wash.
134. Tom Spradlin 645 Chenault, Hoquiam, Wash.
135. St. Regis Timber Co. 801 Canal St., Tacoma, Wash.
136. Layton Stalcup Box 143, Olympia, Wash.
137. Richard Sterling 719 East 1st St., Hoquiam, Wash.
138. Jean S. Styner Box 476, Hoquiam, Wash.
139. D. Sweet Emerson Apts., Hoquiam, Wash.
140. Taylor Bros. Log. Co. 3122 Cherry St., Hoquiam, Wash.
141. Frank H. Thayer Route 2, Box 179, Chehalis, Wash.
143. Timber Sales Corp. 1914 Bay Avenue, Aberdeen, Wash.
144. R. J. Ultican 1100 East Heron St., Aberdeen, Wash.
145. Ray Vaughn 4127 35th Ave., SW Seattle, 6, Wash.
146. I. B. Walters Route 8, Box 424, Olympia, Wash.
147. Herb Welch Routel, Box 327, Aberdeen, Wash.
148. West Coast Ply. Co. Box 1180, Aberdeen, Wash.
149. Westerland & Winney P. O. Box 422, Winslow, Wash.
150. Western Cedar Products Box 634, Hoquiam, Wash.
151. Western Lbr. Co. c/o M. M. Stewart, Aberdeen, Wash.
152. Weyerhaeuser Trb. Co. Tacoma Building, Tacoma, Wash.
153. Perry Whiteford 832 Terrace Ave. Aberdeen, Wash.
154. W. L. Whitehouse Star Route, Box 20, Montesano, Wash.
155. Tandy Wilbur Box 447, LaConner, Wash.
156. Wineberg Tbr. Co. Newport, Oregon
157. Clifford Wright Route 1, Box 292, Olympia, Wash.
158. Walger & Warnilla Route 1, Box 672, Astoria, Oregon
159. Ray York 1232 Railroad, Shelton, Wash.
160. Jess D. Leedle Box 135, Barrington, Wash.
161. Century Shake c/o John Phelps, Box 52, Coplis Beach, Wn.
162. Wendell Koone c/o Aberdeen World, Aberdeen, Wash.
163. Floyd Dickinson Route 2, Box 403, Port Angeles, Wash.
164. Littlerock Lbr. Co. Littlerock, Wash.
POST OFFICE AT:
Aberdeen, Aloha, Amanda Park, Centralia, Chehalis, Challam, Copalis
Beach, Copalis Crossing, Elma, Forks, Hoquiam, McCleary, Montesano, Mach
Bay, Olympia, Pacific Beach, Port Angeles, Port Townsend, Quileene,
Sequim, Shelba, Tacoma and Taholah.
STATEMENT AND CERTIFICATE OF AWARD
No. 14-20-0510-232
Date 600615
(Department or establishment) INTERIOR
(Bureau or office) INDIAN
(Location) Western Washington Agency Everett, Washington
METHOD OF OR ABSENCE OF ADVERTISING
METHOD OF ADVERTISING
1. By advertising in newspapers. Yes
2. (a) By advertising in circular letters sent to 159 dealers.
(b) And by notices posted in public places. Yes
(If notices were not posted in addition to advertising by circular
letters sent to dealers, explanation of such omission must be made
below.)
ABSENCE OF ADVERTISING
Without advertising in accordance with
(Cite law pursuant to which contract was negotiated and the
applicable section and paragraph thereof. If contract was negotiated
under a public exigency which would not admit of the delay incident to
advertising, or because of it being impracticable to secure competition,
state below or on the reverse hereof, the circumstances requiring
negotiation.)
AWARD OF CONTRACT
B. To highest bidder as to price (Receipts) Yes
CERTIFICATE
I CERTIFY that the foregoing statement is true and correct; that the
written findings required by law to be submitted with the contract in
case of negotiation, upon a determination by the agency head or other
authorized official that such method of contracting is necessary, are
attached thereto; that the total number of bids received is 44, and
that where lower bids (expenditure contracts) or higher bids (receipt
contracts) as to price were received, a statement of reasons for their
rejection, together with an abstract of bids received, including all
lower than that accepted in case of expenditure contracts and all higher
in case of receipt contracts, is given below or on the reverse hereof or
on a separate sheet attached hereto; that the articles or services
covered by the agreement (expenditure) are necessary for the public
service; and that the prices charged are just and reasonable.
1. Francis Smith $147,685.70
2. Womer Bros. 150,181.20 (accepted)
3. Bell Log. Co. 117,331.70
4. Morrison Log. Co. 117,331.70
5. Taylor Bros. Log. Co. 117,331.70
ILLEGIBLE
(Signature of contracting officer) Area Director
Note. This statement and certificate will be used to support all
agreements, both formal contracts and less formal agreements of whatever
character, involving the expenditure or receipt of public funds. It
must be executed and signed by the contracting officer (unless the award
is made by or is subject to approval by an officer other than the
contracting officer, when execution and signature may be made by such
officer).
FOREST OFFICER'S REPORT QUEETS NO. 1 TIMBER SALE SECTIONS 3 & 4,
TOWNSHIP 23 NORTH, RANGE 13 WEST QUINAULT INDIAN RESERVATION
A. INTRODUCTION:
The Queets No. 1 Timber Sale Unit consists of approximately 288 acres
of timberland, and is described as all of the Webb Jones allotment No.
329, (Tribal), described as Lot 10 and Lot 17, containing approximately
76 acres; that portion of the Tribal Wood Lot described as Lot 18,
containing 40 acres; that portion of the Phyllis Penn allotment No.
2071, described as Lot 16 and containing 40 acres; all of the Sally
Jones allotment No. 330, described as Lot 1 and Lot 9, containing
approximately 73 acres; that portion of the Theodore Hudson Jr.
allotment No. 1884, described as Lot 15, containing acres; all in
Section 4; and that portion of the Sam Sam Allotment No. 392, described
as Lot 4, containing approximately 19 acres, in Section 3, all in
Township 23 North, Range 13 West.
Both the Tribal Council and the individual Indian owners have
requested that the timber on the above described tracts be offered for
sale.
B. DESCRIPTION:
The timber is primarily of two types, spruce-hemlock type in the
Queets River bottom and cedar-hemlock type on the higher poorly drained
area west of the highway. This entire sale unit is accessible from U.S.
Highway 101, which bisects the unit at a point 70 miles from Grays
Harbor. An estimated one mile of gravel access road will be needed in
order to economically log the entire unit. There are several gravel
pits nearby. However, the operator may open a pit on the sale unit if
he desires.
In general, the stand is best described as being rather low quality,
over-mature timber. Since the timber is decadent, the entire stand
should be harvested as soon as possible, in order to realize maximum
returns. Because of extensive cutting on nearby alienated lands, a seed
area containing 139 acres has been reserved. This reserved area will
serve a three-fold purpose of providing seed, acting as a fire break and
a windbreak. It is recommended that the 116 acres of Tribal land to be
cut, be planted as soon after logging as it is possible to do so, in
order to provide the Quinault Tribe a future timber crop from its lands.
WEBB JONES, QUIN. 329 (Tribal), Lots 10 & 17, Section 4, Township 23
North, Range 13 West.
This allotment is owned by the Quinault Indian Tribe, and is situated
on the eastern boundary of the sale unit. The southwest portion of this
tract is situated on the bench land above the river bottom, and contains
a heavily stocked stand of mixed low grade cedar and hemlock. The
balance of the tract is in the bottomland, and contains fair quality
spruce, hemlock and Pacific silver fir. The accessibility is good, the
drainage is fair, and soil is gravelly clay. The logging chance is
considered average.
SALLY JONES. QUIN. 330. Lots 1 & 9, Section 4, Township 23 North,
Range 13 West.
This allotment is situated about one-half mile south of the village
of Queets. The northwesterly portion of the allotment is on the bench
land over-looking the Queets river bottom to the east. The timber is
average quality spruce and hemlock. The area is accessible and does not
involve any serious road construction problems.
SAM SAM. QUIN. 392. Lot 4, Section 3, Township 23 North, Range 13
West.
This allotment is situated about 700 feet east of Highway 101, and
about one-half mile south of the village of Queets. This entire
allotment is located in the Queets river bottom, and contains a low
quality mixed hemlockspruce stand. Drainage is fair and may cause some
road building difficulties. However, this allotment can be
"high-leaded" from a spar tree on the Sally Jones allotment.
PHYLLIS PENN. QUIN. 2071. Lot 16, Section 4, Township 23 North, Range
13 West.
This allotment is situated on the poorly drained benchland west of
Highway 101 and about one mile due south of the village of Queets. The
tract contains a stand of low quality cedar and some hemlock, spruce and
Pacific silver fir. While the drainage is poor, nearby logging
operators have not experienced any undue road building problems. This
tract is best suited to the "high-lead" system of logging.
THEODORE HUDSON JR., QUIN. 1884. Lot 15, Section 4, Township 23
North, Range 13 W.
This allotment is situated on the poorly drained benchland west of
Highway 101 and about one mile due south of the village of Queets. The
stand of timber consists of primarily two parts. The eastern half has a
stand of fair quality cedar with hemlock, spruce and Pacific silver fir
mixed in. The western half consists of very low quality cedar.
Although the drainage is poor, no undue road building problems are
anticipated. This tract is best suited to the "high-lead" system of
logging.
TRIBAL WOOD LOT. Lot 18, Section 4, Township 23 North, Range 13 West.
This tract is similar to the Phyllis Penn allotment in that the
timber is fair quality cedar, spruce, hemlock and Pacific silver fir.
Very little road construction is necessary in as much as the Cape
Elizabeth road runs east and west through the center of the tract.
c. METHOD OF CRUISE:
A 20-percent cruise, using 1/10 acre circular plots, was made by
Louis Willcox, Richard Geier and Morton Brann, B.I.A. Foresters. Cruise
lines were run at right angles to the topography, and all trees 12
inches in diameter, breast height and having 8-inch tops, were tallied
and graded to the nearest half log.
AVERAGE GRADE PERCENTAGE BY SPECIES:
"Table not keyed, see original"
ESTIMATED VOLUMES:
"Table not keyed, see original"
d. CURRENT MARKET AND COMPETITIVE SITUATION:
A comparison of the Quarterly P.N.I.A. log values for both the Grays
Harbor and Puget Sound Markets and the log prices currently being paid
by plywood and lumber mills on Grays Harbor, show the current log market
prices for all species to be slowly but steadily increasing over the
past year. This price increase is most pronounced for such species as
western hemlock, Pacific silver fir and western redcedar. Observation
of recent timber sales in the Grays Harbor marketing area, including a
timber sale made by this office within the past month, shows close
competition, with bid prices considerably higher than the advertised
minimums.
The major portion of the timber from the vicinity of these allotments
has been delivered to markets in the Grays Harbor area. However, some
of the shingle cedar has been delivered to mills near Forks and Amanda
Park.
The Grays Harbor market is varied in that there are two pulpmills,
about a dozen plywood and lumber mills and many logging companies, which
may be expected to offer bids for this timber. Reasonable competition
in bidding is anticipated, provided that the log market continues at its
present level, and the mills continue to build their inventories.
e. STUMPAGE APPRAISAL:
The appraisal is based on an analysis of the 3rd Quarter P.N.L.A.
Grays Harbor Log Market prices and the log prices currently being paid
by plywood and lumber mills on Grays Harbor.
LOGGING COSTS
1. LOGGING AND OVERHEAD:
1. Direct Logging Costs: .01 Falling & Bucking (incl. snag falling)
$4.35 .02 Yarding and Loading 6.38 .03 Logging Equipment repair 1.53
Sub-Total $12.26
.2 Logging Overhead Costs: .01 Supervision, scaling, crew
transportation, office & clerical, taxes, insurance, payroll
assessments, general & administrative, and depreciation $2.65
.3 Contractual: .01 Line running $ .08 .02 Fire Protection .10
Sub-Total $ .18
TOTAL LOGGING & OVERHEAD $15.09
2. TRANSPORTATION COSTS:
.1 Truck Haul (70 miles) .01 Class A road (69 miles @.155) $10.70 .02
Class B road (1 mile @.22) .22 .03 Base Rate 1.82
Sub-Total $12.74 .04 Average Load @.065/log:
Table not keyed, see original
TOTAL LOGGING, TRANSPORTATION, AND DEVELOPMENT COSTS:
Table not keyed, see original
Factors used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of the Washington State
Formula. Scaling defect and contractor's profit by species are as
follows: Hemlock & P. Silver fir: 10% scaling defect - 8% profit
Western redcedar : 25% scaling defect - 10% profit Sitka spruce : 13%
scaling defect - 10% profit
LOG VALUES
Table not keyed, see original
#Log prices from: Analysis of Average Log Prices paid by Local Grays
Harbor Mills and P.N.L.A. Grays Harbor Log Market Prices 3rd Quarter
590000. The higher log value was used in all grades.
F. APPRAISED VALUE OF STUMPAGE: S = V/1.OP - C
.1 Western redcedar: S = $46.55/1.10 - $32.41 $9.91
.2 Western hemlock: S = $45.38/1.08 - $30.39 $11.63
.3 Pacific silver fir: S = $46.33/1.08 - $30.39 $12.51
.4 Sitka spruce: S = $47.53/1.10 - $30.06 $13.15
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for a reasonable
profit. Such factors as market conditions, type of timber, and the
demand for various species of timber have been considered in arriving at
the margin for profit and risk.
G. INDICATED STUMPAGE RATES: (rounded to the next highest five
cents)
.1 Western redcedar $ 9.95
.2 Western hemlock $11.65
.3 Pacific silver fir $12.55
.4 Sitka spruce $13.15
H. RECENT MARKET DATA:
On 580708, sealed bids were received for the sale of timber on three
Harlow Sale Units. On 590324, sealed bids and oral auction bids were
received for the sale of timber from the Sam Timber Sale Unit. On
590804, sealed bids and oral auction bids were received for the sale of
timber from the Harry Shale Timber Sale Unit. Bid prices for all sales
have been analysed to determine the indicated market value of the
timber. The indicated market value is shown on the following page,
together with the appraised value for each species.
Table not keyed, see original
The comparison of the percents of log grades of the timber on the
cited sales to the timber on the proposed sale is shown on the following
page:
Table not keyed, see original
An analysis of the timber on the Harlow Timber Sale, Sam Timber Sale,
and Harry Shale Jr. Timber Sale, with regard to quality, accessibility
and marketing conditions as compared to the subject timber is as
follows:
Table not keyed, see original
1. RECOMMENDED STUMPAGE:
The indicated stumpage values will allow any reasonably efficient
operator a fair margin for profit and risk. Recent timber sales for the
Grays Harbor area indicate that purchasers are prepared to forego much
of the allowed profits on logging operations. The foregoing is true in
the case of the Harlow Sale, Sam Sale and the Harry Shale Jr. Sale.
Bids for spruce show the greatest spread in prices. This variation
can, no doubt, be attributed to the fact that a local demand has
developed here on Grays Harbor for peelable spruce logs. While the
stumpage appraisals are based on log grades, estimated to the nearest
one-half log (16 feet), the operator, in one case, elected to remove the
timber in eight foot peelable logs, thereby increasing the log grade
recovery.
Bids for hemlock and Pacific silver fir on both the Harlow and Harry
Shale Jr. Timber Sales show a considerably increase over the appraised
value. This increase may have resulted because of the demand for
peelable logs by veneer mills and the demand by the pulp market for pulp
logs. Nearly all of the bids for cedar were at or near the appraised
value.
After carefully analysing all the factors attributable to the value
of stumpage and based on the judgement of the appraiser, it is
recommended that the timber on the Queets No. 1 Tribal Timber Sale Unit
be advertised at not less than the following rates:
RECOMMENDED STUMPAGE RATES:
Western redcedar $12.60
Western hemlock $11.65
Pacific silver fir $12.55
Sitka spruce $13.15
Note: The rate for western redcedar is that specified in the Power
of Attorney signed by the Indian owner.
3. VALUE OF FOREST PRODUCTS: (Estimated Volumes rounded to nearest
1,000 bd. ft.)
Table not keyed, see original
It is proposed to advertise for not less than thirty (30) days in the
Aberdeen World, a daily newspaper, and by circular letters and posters.
Sale of the timber will be made under sealed bids, followed by public
auction.
While 25 CFR 141.8 calls for sales over $100,000.00 to be advertised
for sixty days, it is proposed that this period of advertisement be
reduced to thirty days. Thirty days is considered sufficient time to
adequately publicize the notice of the sale, and reach all interested
buyers in the Grays Harbor marketing area.
Date: 591218
John W. Palmer Forester
Concur: John W. Libby, Forest Manager
Date: 591224
APPROVED: (Sgd) C. W. Ringey, Superintendent
Date: 591224
A total bond of $17,000 is recommended since the bounding companies
fees are usually charged on multiples of $1,000.00. (see below)
Table not keyed, see original
APPRAISAL SUMMARY
Queets No. 1 TIMBER SALE UNIT,
Quinault RESERVATION
Table not keyed, see original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION WASHINGTON 560100
O.E.P.
map not keyed, see original
TRIBAL TIMBER SALE UNIT Sec. 4, T. 23, R. 13 W.
Scale: 1"=1000'
map not keyed, see original
FOREST OFFICER'S REPORT QUEETS NO. 1 TIMBER SALE UNIT REVISED
QUINAULT INDIAN RESERVATION
Since the original Forest Officer's Report was written, log market
values have changed. This necessitated the following recalculation of
stumpage values. Since the tract is near alienated lands, which have
been clear-cut, seed areas totalling 139 acres on adjacent tribal lands
are being reserved.
LOG VALUES
Table not keyed, see original
#Log prices from: Analysis of Average Log Prices paid by Local Grays
Harbor Mills on 600401 and P.N.L.A. Grays Harbor Log Market Prices, 1st
Quarter 600000. The higher log value was used in all grades.
F. Appraised Value of Stumpage: s = v/1.op - c
.1 Western redcedar: s = $44.84/1.10 - $32.41 = $ 8.35
.2 Western hemlock: s = $45.38/1.08 - $30.39 = $11.63
.3 Pacific silver fir: s = $46.37/1.08 - $30.39 = $12.55
.4 Sitka spruce: s = $51.22/1.10 - $30.06 = $16.50
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for a reasonable
profit. Such factors as market conditions, type of timber, and the
demand for various species of timber have been considered in arriving at
the margin for profit and risk.
G. Indicated Stumpage Rates: (rounded to the next highest five
cents) .1 Western redoedar $8.35 .2 Western hemlock $11.65 .3 Pacific
silver fir $12.55 .4 Sitka spruce $16.50
I. recommended Stumpage Rates: .1 Western redoedar $12.60 .2
Western hemlock $11.65 .3 Pacific silver fir $12.55 .4 Sitka spruce
$16.50
Note: The rate for western redcedar is that specified in the Power
of attorney signed by the Indian owners.
J. Value of Forest Products:
1. Value of Tribal Timber: .1 Western redoedar 1,048 @$12.60
$13,204.80 .2 Western hemlock 982 @$11.65 $11,440.30 .3 Pacific silver
fir 881 @$12.55 $11,056.55 .4 Sitka spruce 1,520 @$16.50 $25,080.00
Total 4,431 $60,781.65
2. Value of Alloted Timber:
a. Phyllis Penn. Quin. 2071: .1 Western redoedar 854 @$12.60
$10,760.40 .2 Western hemlock 159 @$11.65 $1,852.35 .3 Pacific silver
fir 153 @$12.55 $1,920.15 .4 Sitka spruce 53 @$16.50 $874,50
Total 1,219 $15,407.40
b. Sally Jones. Quin. 330: .2 Western hemlock 1,124 @$11.65
$13,094.60 .4 Sitka spruce 967 @$16.50 $15,955.50
Total 2,091 $29,050.10
c. Sam Sam. Quin. 392: .2 Western hemlock 78 @$11.65 $908.70 .4
Sitka spruce 11 @$16.50 $181.50
d. Theodore Hudson Jr., Quin. 1884: .1 Western redoedar 490 @$12.60
$6,174.00 .2 Western hemlock 110 @$11.65 $1,281.50 .3 Pacific silver fir
67 @$12.55 $840.85 .4 Sitka spruce 164 @$16.50 $2,706.00
Total 831 $11,002.35
Total value allotted timber $56,550.05
3. Total Value (entire quests No. 1 Sale Unit): .1 Western redoedar
2,392 @$12.60 $30,139.20 .2 Western hemlock 2,453 @$11.65 $28,577.45 .3
Pacific silver fir 1,101 @$12.55 $13,817.55 .4 Sitka spruce 2,715
@$16,50 $44,797.50
Total 8,661 $117,331.70
Date: 600412
John W. Palmer, Forester
Concur: John W. Libby
Forest Manager
APPRAISAL SUMMARY
Queets No. 1 TIMBER SALE UNIT, Quinault RESERVATION
Table not keyed, see original
HEL-012-1436-1468
HEL-012-1434-1468
RINGEY, C W W WASH AGENCY
611026
CORRESPONDENCE
BIA PAO BR OF FOREST
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
566
611116
B Bassett Please file and do not return to 330.
Forestry
RECEIVED
611130
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
For Information
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Forestry Branch Portland Area Office
611026
HEL-012-1503-1505
HEL-012-1503-1511
COMM US DOI BIA BR OF FORESTRY
611023
CORRESPONDENCE
SUPT W WASH INDIAN AGENCY
RECEIVED
611030
Forestry 339.5 N.P. Trail No. 2 Logging Unit
611023
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Norman Barnes & Company, Inc. Norton Building Seattle 4, Washington
Gentlemen:
Enclosed are final Reports of Timber Cut and Certificates of
Completion covering your operations on the N.P. Trial No. 2 Logging
Unit, Quinault Reservation.
As of the date of this letter, you are relieved of further liability
under the contracts. Your balance of $93.67 in Special Deposits is
being refunded.
Sincerely yours,
Superintendent
Enclosures Copy to: Actua Casualty & Surety Co.
Portland Area Office (2) Hoquiam Subagency w/cc
HEL-012-1506-1506
HEL-012-1504-1511
NORMAN BARNES & CO
611017
CORRESPONDENCE
MOORE, H L DOI BIA
Forestry 339.5
611017
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
We have compared the Certificates of Completion of Timber Contracts
Nos. 14-20-0510-234 and -235, issued in favor of Norman Barnes & Co.,
Inc., covering the removal of timber from the N. P. Trial #2 Logging
Unit with the Reports of Timber Cut and the contracts and find them to
be in agreement.
You are hereby authorized to notify Norman Barnes & Co., Inc.,
purchaser, and The Aetna Casualty and Surety Company, surety on the
bond, that they are relieved of any liability under the contracts
arising subsequent to the date of this letter. You are also authorized
to refund to Norman Barnes & Co., Inc. any unobligated balance now
being held in special deposits in connection with this timber sale
contract.
Please send us two copies each of your letters to the purchaser and
the surety closing the sale. We shall forward one copy of each to the
Central Office.
Sincerely yours,
Sgd. H. L. Moore Acting Area Director
cc: Central Office--Forestry (w/enc.) Prop. Mgmt. PAO (w/orig.
certs.) Hoquiam Subagency
RECEIVED
611030
5-500a
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 611016 Indian Office file No. Cont.
14-20-0510-234 N. P. Trail #2 Logging unit Contract approved 601202
Expires 611231
Land status: Allotted Tribal
Western Washington Agency Quinault Reservation Norman Barnes & Co.
Inc. Contractor
Description Lot No. 3, Sec. 25, T. 22N, R. 12W., W.M.
Allotment No. 138 Name of allottee Glen Capoeman
Table not keyed, see original
CONTRACTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described land has been removed and I hereby surrender all rights
under the above contract and request to be released from further
obligations under said contract.
NORMAN BARNES & COMPANY, INC. Norton Building, Seattle, Washington
Dated 611006
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described land and
find that all the timber covered by the above contract has been removed,
and recommend that the authorized contractor be released from further
obligation under said contract.
John W. Palmer, Director
Dated 611104,
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of all
timber cut and funds accrued from the sale of timber on the land and
under the contract above designated.
(Sgd) W.J. DeCelle ACTING Superintendent
Dated 811016
DISTRIBUTION OF MONEYS
ILM ACCOUNTS $6,987.20
U.S. TREASURY (FEES) $775.36
I certify that the oporations of Norman Barnes and Co., Inc. on
Contract No. 14-20-0510 234 on the Glen Capoeman Allotment No. 138,
Quinault Indian Reservation, have been satisfactory completed in
accordance with the terms of the contract. John W. Palmer, Forester
I certify that this volume and values of logs purchased and
disposition of money collected as shown above have been correctly
abstracted from the books of account at this Agency. M. Patience Igom,
Forestry Clerk
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 611016 Indian Office file No. cont.
14-20-0510-235 N.P. Trail #2 Logging unit Contract approved 600212
Expires 611231 Land Status: Allotted x
Western Washington Agency Quinault Reservation Norman Barnes & Co.
Inc. Contractor
Description Lot 4, Sec. 25 and the SW1/4SW1/4, Sec. 24, T. 22N., R.
12W. W.M.
Allotment No. 10 Name of allottee Horton Capoeman
Table not keyed, see original
CONTRACTOR'S CERTIFICATE (FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described land has been removed and I hereby surrender all rights
under the above contract and request to be released from further
obligations under said contract.
(ILLEGIBLE) NORMAN BARNES & COMPANY, INC. Norton Building, Seattle,
Washington Date 610610
INSPECTOR'S CERTIFICATE (FINAL CUT)
I hereby certify that I have examined the above-described land and
find that all the timber covered by the above contract has been removed,
and recommend that the authorized contractor be released from further
obligation under said contract.
John W. Palmer John W. Palmer, Forester
Date 611004
SUPERINTENDENT'S CERTIFICATE
I hereby certify on honor that the foregoing is a true account of of
all timber cut and funds accrued from the sale of timber on the land and
under the contract above designated.
(Sgd) W. J. DeCella
(ILLEGIBLE) Superintendent
Date 611016 16-17359-2 U.S. GOVERNMENT PRINTING OFFICE
DISTRIBUTION OF MONEYS
IN ACCOUNTS $5,932.01
U.S. TREASURY (ILLEGIBLE) $559.12
I certify that the operations of Norman Barnes and Co., Inc. on
Contract Ex. 14-20-0510-235 in the Horton Capoeman Allocate No. 10,
Quinault Indian Reservation, have been satisfactorily completed in
accordance with the terms of the contract.
John W. Palmer John W. Palmer, Forester
I certify that the volume and values of logs purchased and
disposition of money collected as shown above have been correctly
abstracted from the books of account at the Agency.
(ILLEGIBLE) (ILLEGIBLE)
HEL-012-1507-1511
HEL-012-1504-1511
RINGEY, C W W WASH AGENCY
610113
CORRESPONDENCE
BIA PAO BR OF FOREST
RECEIVED
610117
Form 5-358
530700
U.S. DEPARTMENT OF INTER
BUREAU OF INDIAN AFFAIRS
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail For Information
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Forestry Branch Portland Area Office
Date 610113
SUBJECT Contract Nos. 14-20-0510-234 and -235 - N. P. Trail No. 2
Logging Unit Western Washington Agency
RECEIVED.
610117
COPY INDIAN OFFICE
FORM 5-611
591000
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Allotment
Contract No. 14-20-0510-234
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
N. P. Trail No. 2 Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and in accordance with the
regulations contained in 25 CFR 141.
2. Parties to the Contract. The parties to this contract are Glen
Capoeman, Quinault Allottee No. 138 hereinafter called the Seller, as
represented by the Superintendent of the Western Washington Indian
Agency and Norman Barnes and Company, Inc. of Seattle, Washington,
hereinafter called the Purchaser.
3. Bureau of Indian Affairs Representatives.
(a) Approving Officer. The Area Director, Portland, Oregon or his
authorized representative, is hereinafter called the Approving Officer.
(b) Superintendent. The Superintendent of the Western Washington
Indian Agency or his authorized representative, is hereinafter called
the Superintendent.
4. Timber Sold. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to buy, in accordance with the terms and conditions of
this contract and the attached Standard Timber Contract Provisions,
hereinafter called the Standard Provisions, which are made a part
hereof, all the merchantable timber, living or dead, designated for
cutting by the Bureau of Indian Affairs within the boundaries of this
logging unit.
5. Expiration Date. Unless this contract is extended in accordance
with Section 2 (e) of the Standard Provisions, the Purchaser shall cut
and pay for all designated timber and shall complete all other
obligations on or before the contract expiration date of 611231.
6. Unit Description. This unit is located in Lot No. 3, Section 25
Township 22 North, Range 12 West, Willamette Meridian, Washington and
includes the following approximate area:
Table not keyed, see original
The Unit boundaries are shown approximately on the map attached
hereto as Exhibit A and made a part hereof. The boundaries have been
marked on the ground by the Bureau of Indian Affairs unless otherwise
specified in Section 18.
7. Estimated Volumes.
(a) Designated Timber. The estimated volume of timber to be
designated for cutting is:
Table not keyed, see original
The foregoing is an estimate only and shall not be construed as a
guarantee or a limitation of the volume to be designated for cutting.
The actual volume of timber designated for cutting in accordance with
the terms of this contract and the Bureau's approved procedures shall be
controlling, regardless of whether it is more or less than the above
estimate.
(b) Additional timber. In addition to the timber specified above,
this sale also includes any other timber on the contract area which must
be cut or removed in clearing for roads, landings, camps and other
improvements constructed by the Purchaser and all other timber seriously
damaged in logging operations under this contract, if, in the opinion of
the Approving Officer, the timber is merchantable for any product in
accordance with customary standards and is present in sufficient
quantities to permit economic removal to existing markets.
8. Payment for Timber. The Purchaser shall pay for all timber
covered by this contract in accordance with the provisions of Section 4
of the Standard Provisions.
The minimum advance deposit shall be $2,000.00
9. Stumpage Rates.
(a) Designated Timber. The stumpage rates to be paid during the life
of this contract for timber specified in Section 7 (a) shall be the bid
rates shown below:
Table not keyed, See Original.
(b) Additional Timber. Timber of species and products not specified
in Section 9 (a) above which may be cut pursuant to Section 7 (b) shall
be paid for during the life of this contract at the appraised rates
shown below:
Table not keyed, See Original.
10. Liquidated Damages for High Stumps. The following liquidated
damage rates shall be charged for stumps cut in excess of the maximum
height specified in Section 5(b) of the Standard Provisions:
Not Applicable
Not Applicable
11. Merchantability. Trees, when designated for cutting, and
products cut from those trees, shall equal or exceed the following
minimum specifications:
Table not Keyed, See Original.
All trees shall be utilised to as small a top diameter as
practicable. Log lengths shall be varied so as to secure the greatest
practicable utilization of merchantable material.
(a) Material below minimum merchantability. If forest products of
lesser dimensions than stated above under Product Specifications, are
cut and removed by the purchaser, they shall be scaled by the Scaling
Bureau under special agreement for their merchantable content, provided
the length is not less than eight (8) feet.
12. Designating Timber for Cutting.
The entire area within the boundaries of the unit is designated for
clear cutting of all merchantable live and all of the merchantable dead
timber, standing or fallen, down to a minimum D.B.H. of 12". The
boundaries of the unit have been clearly marked with blazes and flagging
tape. Such boundaries have been determined after considering ownership,
topography, timber types and prevailing winds outside perimeter of area
to be cut. The objective is the harvest cutting of mature and
over-mature timber, the salvage of dead and down timber, and to provide
optimum conditions for natural regeneration.
13. Cutting Schedule.
(a) Minimum Annual Cut.
Not Applicable
14. Volume Determination.
(a) Designated Timber. In lieu of the scaling procedures stipulated
in Section 7(a) of the Standard Provisions, logs cut under this contract
shall be sealed by the Grays Harbor Log Sealing and Grading Bureau,
Aberdeen, Washington, hereinafter called the Scaling Bureau, in
accordance with the official Log Scaling and Grading Rules effective
540101, a copy of which is on file in the office of the Approving
Officer. Scaling by the Scaling Bureau shall not be exclusive so as to
prevent scaling by the Indian Bureau of logs not delivered to the points
of Scaling Bureau scaling. Scaling Bureau rules changed subsequent to
approval of this contract shall not be applicable until accepted by the
Approving Officer.
14. Volume Determination (Cont.)
(b) SCALING OF LOGS. In lieu of scaling procedures stipulated in
Section 7(c) of the Standard Provision, all logs shall be scaled as
follows. Logs which are longer than the maximum scaling length shown
below shall be scaled as two or more logs. Logs over-running the
trimming allowance shown below shall be scaled to the next standard
two-foot length.
"Table not keyed, see original"
(c) SCALING OF OTHER PRODUCTS. The scaled volume of material
presented for scaling in forms other than those stated in Section 11,
when appropriate, shall be converted into board feet, Scribner Decimal C
Log Scale, by the application of standard converting factors currently
in use by the Bureau of Indian Affairs.
(d) SCALE REPORTS. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(e) RESPONSIBILITY FOR BRANDING AND RECEIPTING FOR LOGS OR OTHER
PRODUCTS. At each landing on the sale area, the purchaser shall brand
all logs as directed by the Officer in Charge, with a brand registered
in the State of Washington, and shall secure from the truck driver of
each load of logs to be hauled, a signed receipt on forms to be
furnished by the Bureau of Indian Affairs. The stub portions of the
truck receipts shall be retained by the purchaser and turned in to the
Officer in Charge as he shall direct. The ticket portions of the
receipts shall be given to the truck driver who shall retain it in his
possession at all times while the logs are in transit as evidence of his
authority to transport Indian logs and he shall surrender said ticket
portion at the point of scaling or at the log dump as the case may be,
as directed by the Officer in Charge. When the ticket portion is to be
surrendered at the log dump, the purchaser will require the dump
operator to sign the ticket portion of the truck receipt as evidence
that said load of logs was delivered and to collect and mail said
receipts to the Officer in Charge.
(f) PAYMENT FOR LOST OR OTHER PRODUCTS. When scaling is performed at
locations other than on the sale area, the purchase shall be responsible
for loss of logs from the time of removal from the sale area until
scaled, and lost logs shall be paid for at the contract prices.
Determination of volume and species for any such log losses shall be
made by applying the average net volume per log and percentage species
distribution for the entire volume of stumpage previously scaled to the
piece count for logs determined by the Officer in Charge to be lost or
missing.
Port. Area - West. Wash. Insert to Form 5-611
14. Volume Determination (Cont.)
(g) BUREAU SCALING. The following general conditions shall apply to
Scaling Bureau scaling:
(1) The purchaser shall enter into an appropriate agreement with the
Scaling Bureau for the performance of all necessary scaling and
reporting services, and shall promptly submit to the Area Director
signed copies of such agreement in duplicate.
(2) The agreement shall provide for the following:
Prompt scaling of all logs or other products at points of scaling
acceptable to the Scaling Bureau and the Bureau of Indian Affairs.
Safeguards as the Area Director may deem necessary to insure an
accurate accounting of all logs presented to the Scaling Bureau for
scaling.
The purchaser shall pay the Scaling Bureau for all services rendered
by it under the agreement.
Prompt submission to the Superintendent or his representative of
certified copies of each and every report showing species, volume, grade
and brand of each log scaled.
Special scaling of Indian logs as may be requested by the purchaser
to the extent of available facilities and manpower, and when such
requests for special scaling practices are not contrary to scaling
bureau policies.
Port. Area - West. Wash. Insert to Form 5-611
(h) Additional Timber.
None
15. Slash and Snag Disposal.
(a) Slash. Section 9(a) and 9(b) of the Standard Provisions shall
not apply.
(b) Snag. See Section 9(c) of the Standard Provisions.
16. Road Construction and Maintenance.
See Section 10 of the Standard Provisions.
CORRECTION
The preceding document(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
(h) Additional Timber.
None
15. Slash and Snag Disposal.
(a) Slash. Section 9(a) and 9(b) of the Standard Provisions shall
not apply.
(b) Snag. See Section 9(c) of the Standard Provisions.
16. Road Construction and Maintenance.
See Section 10 of the Standard Provisions.
17. Performance Bond. The Purchaser delivers herewith and agrees to
maintain a bond satisfactory to the Approving Officer in the sum of
$2,000.00 conditioned upon the faithful performance of all the terms of
this contract.
18. Special Provisions.
(a) The purchaser will be required to relocate and mark allotment
corners and ownership lines. Bureau of Indian Affairs employees will
verify all line and corner locations established by the purchaser before
logging begins. The purchaser further agrees that he shall leave the
boundaries and corners of the sale area clearly marked at the completion
of this sale.
(b) Where necessary, in the judgment of the Officer in Charge, for
the control of slash fires and the protection of seed trees on or
adjacent to the sale area, fire lines cut to mineral soil shall be
constructed by the purchaser. Such fire lines shall be located and
constructed as directed by the officer in Charge and insofar as
practical shall be constructed by tractor with bulldozer attachment. On
and adjacent to the fire line, all dead trees and stubs shall be felled
and all inflammable material, including slash, reproduction and debris
shall be disposed of as directed by the Officer in Charge.
(c) By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands and is authorized to act for the Bureau in
such matters.
19. Effective Date. This contract shall become effective on the
date of approval by the Approving Officer.
Signed and Sealed in sextuplet as of 601101
PURCHASER
Witnesses:
H. G. Brittell 1641 168th SE Bellevue Wn Gerald A 9th (ILLEGIBLE
LINE)
NORMAN BARNES AND COMPANY, INC. Name of corporation, partnership or
individual
By Norman Barnes, Pres.
SELLER
(ILLEGIBLE) Superintendent
APPROVING OFFICER
Subject to the conditions specified in my letter of 601202.
Approved 601202
Name Illegible Title Assistant Area Director
If Purchaser is a corporation, the following certificate must be
executed:
I, A.M. Barnes, certify that I am the Secretary of the corporation
named as the Purchaser herein; that Norman Barnes who signed this
contract was then President of said corporation; that said contract was
duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
A. M. Barnes
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISIONS
Table not keyed, see original
The following Standard Timber Contract Provisions are hereby
prescribed for use in contracts for the sale of timber from Indian lands
except as otherwise provided by the Secretary of the Interior or his
authorized representative in particular sales.
1. Definitions. As used in these provisions and in the contract to
which they are attached:
1(a) "Approving Officer" means the officer approving the contract or
his authorized representative.
1(b) "Commissioner" means the Commissioner of Indian Affairs or his
authorized representative.
1(c) "Area Director" means the Area Director of the Bureau of Indian
Affairs Area within which the sale area is located, or his authorized
representative.
1(d) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the sale area, or
his authorized representative.
1(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the sale area.
1(f) "Seller" means the Indian tribe or the individual owner or
owners of the timber sold under the contract.
1(g) "Purchaser" means the purchaser of timber under the contract and
his successors in interest.
2. General Conditions.
2(a) Title and Risk of Loss. Title to the timber covered by the
contract shall not pass to the Purchaser until it has been paid for and
cut, except that in single payment sales based on tree measurement or
other estimate of total volume obtained prior to the sale, the title to
timber shall pass to the Purchaser when the sale contract has been
approved by the Approving Officer and the timber has been paid for.
Passage of title to the Purchaser shall not affect the Bureau of Indian
Affairs' right to control the movement of timber until the volume has
been determined. In the event any timber covered by the contract is
destroyed or damaged by fire, wind, flood, insects, diseases or other
cause to the extent that it is unmerchantable, the party holding title
to the timber shall bear the loss except as otherwise provided in
Section 11(e) herein with respect to Purchaser fires as defined in
Section 11(d) herein, and there shall be no obligation on the part of
the Bureau of Indian Affairs to designate, or on the part of the
Purchaser to accept and pay for, other timber in lieu of that destroyed
or damaged. If timber or products which have been paid for under this
contract are not removed from the sale area on or before the expiration
date of the contract, title shall revert to the Seller. Nothing in this
paragraph shall be construed to relieve either party of liability for
negligence.
2(b) Interpretation of Contract. The decision of the Approving
Officer shall prevail in the interpretation of the contract, subject to
the right of appeal prescribed in Section 2(j) herein.
2(c) Modification. The conditions of sale as set forth in the
contract may be modified only through an agreement in writing between
the Seller and the Purchaser. No modification shall become effective
until approved by the Approving Officer. When a surety bond has been
furnished by the Purchaser, he must, prior to approval of the
modification, either obtain a commitment from the surety to continue the
bond under the modification or furnish a new bond.
2(d) Assignment of Interest. The assignment by the Purchaser of any
or all of his interest under the contract shall not affect any of the
obligations of the parties or the Secretary under the contract until the
assignment has been approved by the Approving Officer after consultation
with the Seller. The party to whom an interest is assigned must provide
a bond as specified in the contract or obtain a commitment from the
previous surety to be bound by the assignment when approved. The
approval of an assignment by the Approving Officer shall not operate to
change the provisions of the contract. Unless otherwise provided for
herein, an assignment shall not relieve the assignor of any of the
responsibilities and liabilities under the contract.
2(e) Extension of time. An extension of time for the performance of
the contract may be granted to the Purchaser by the Approving Officer,
for reasons satisfactory to the Approving Officer, after consultation
with the Seller. Extensions of time shall be subject to such conditions
as the Approving Officer may impose. When a surety bond has been
furnished by the Purchaser, he must prior to any such extension, either
obtain a commitment from the surety to continue the bond during the
extension or he must furnish a new bond. Requests for extension of time
may be considered only if submitted in writing by the Purchaser to the
Superintendent prior to the expiration date of the contract.
2(f) Suspension of Operations. The Superintendent may, after written
notice to the Purchaser, suspend any or all of the Purchaser's
operations under the contract if the Purchaser violates any of the
requirements of the contract. Such suspension of operations may be
continued by the Superintendent until there is satisfactory compliance.
After written notice from the Approving Officer, continued failure to
comply with any of the requirements of the contract shall be grounds for
the revocation by the Approving Officer of all rights of the Purchaser
under the contract and the Purchaser shall be liable for all damages
resulting from his breach of contract as described in the following
section.
2(g) Failure To Complete Contract. In the event of failure to
complete all obligations assumed under the contract, the Purchaser shall
be liable for the depreciation in the value of the remaining timber and
for any costs or expenses incurred by or caused to the Seller or the
Government as a result of such failure, in an amount to be determined by
the Approving Officer.
2(h) Termination of Contract. The contract may be terminated at any
time by written agreement between the Seller and the Purchaser.
Termination agreements shall not become effective until approved by the
Approving Officer.
2(i) Disputes. Either of the parties to the contract may submit
complaints of any action or decision under the contract by the
Superintendent or the Officer in Charge in accordance with the following
procedure. Complaints shall be made in writing to the Superintendent.
If the Superintendent is not the Approving Officer of the contract and
the dispute is not resolved to the satisfaction of the parties, a
written complaint may then be submitted to the Area Director. If the
Area Director is not the Approving Officer and his decision is not
satisfactory to the parties, a complaint may be submitted in writing to
the Commissioner. Complaints shall be made within 30 days of the action
or decision in dispute unless the party making the complaint furnishes
reasons satisfactory to the officer receiving the complaint for granting
a longer period of time, in which case the officer may extend the period
for such length of time as he deems reasonable. Decisions of the
Approving Officer may be appealed to the Secretary in accordance with
the provisions of the following section.
2(j) Appeals. The parties to this contract may appeal, in accordance
with such rules and regulations as the Secretary of the Interior may
from time to time prescribe, any action or decision taken by the
Approving Officer or his superior officers. The decision of the
Secretary shall be final subject to lawful judicial remedies.
2(k) Bureau of Indian Affairs Representative.--Notices, requests or
other action where formal written notice is required herein, or is
appropriate, shall be accepted for the Bureau of Indian Affairs by the
Superintendent.
3. Timber To Be Reserved. No timber may be cut except that which is
designated by the Officer in Charge. A strip of timber on each side of
streams, roads and trails, along lake shores, in the vicinity of camping
places and recreational or ceremonial grounds, and timber in immature
stands or other areas which should not be disturbed because of
silvicultural, watershed protection or other reasons, may be reserved in
which little or no cutting shall be allowed.
4. Payments and Deposits.
4(a) Method of Payment. The Purchaser shall pay for the timber
covered by the contract in advance of cutting, as a single payment or
installment payments in sales of predetermined volumes or in the form of
advance payments or advance deposits in sales of estimated volumes.
Payment shall be certified check, cashier's check, bank draft or postal
money order, drawn payable to the Bureau of Indian Affairs, or in cash.
All payments shall be transmitted to the Superintendent.
4(b) Advance Payments on Allotment Timber. Advance payments are
partial payments of the estimated value of timber to be cut on each
allotment and are required in all sales of allotment timber unless the
full purchase price is paid before the contract is approved. Advance
payments may be paid to the allotment owner as soon as received and are
not refundable. Such payments shall be credited against the allotment
timber as it is cut and scaled, at the stumpage rates in effect at the
time of scaling. The Purchaser shall pay 15 percent of the estimated
value of the timber to be cut, computed at the bid rates, within 30 days
from the date of approval of each allotment contract and before cutting
begins. The Purchaser shall make additional advance payments of 15
percent of the estimated value within three years and 20 percent within
six years, if the contract extends beyond those periods. Advance
deposits previously applied against timber cut on the allotment shall be
included in computing the payments. The Approving Officer may, in his
discretion, reduce the original estimate of the volume of timber to be
cut on any allotment because of error of estimate, losses from fire or
other causes, or for similar reasons, but not because of depletion from
cutting. If the advance payments on any allotment exceed the total
value of the timber cut on that allotment by the Purchaser, the amount
of the advance payments shall be declared to be the value of the timber
so cut.
4(c) Advance Deposits. Advance deposits are used in sales of
estimated volumes to maintain an operating balance against which the
value of the timber to be cut from either tribal or allotted lands will
be charged. The unobligated balance of advance deposits may be refunded
pursuant to Section 4(c)(3) herein. The Purchaser shall make advance
deposits in such amounts and at such times as called for by the
Superintendent. The amount of any advance deposit shall not be less
than the minimum amount specified in the contract, except as provided in
Section 4(c)(2) herein. The Purchaser shall not be required to provide
an advance deposit balance at any time of more than three times the
amount of the minimum advance deposit specified in the contract. The
estimated value of timber cut but not yet scaled shall be deducted from
the advance deposits then in the hands of the Superintendent in
computing the advance deposit balance. Advance deposits shall be
applied to timber cut from tribal lands and shall be applied to
allotment timber only after the advance payments on the allotment being
cut have been exhausted. Advance payments on allotment timber shall not
operate to reduce the size of the advance deposits that may be required
by the Superintendent.
(1) Suspension of Operations. If advance deposits are not received
within 15 days of written request therefor, or if at any time the
balance of advance deposits is reduced to one-third of the requried
minimum advance deposit, the Superintendent may suspend all or any part
of the operations until the requested advance deposit is received.
(2) Reduction of Advance Deposits. The Superintendent may reduce the
minimum size of the last advance deposit before completion of the sale
or before periods of approximately three months or longer during which
no timber cutting is anticipated.
(3) Refund of Advance Deposits. If the balance of advance deposits
at the time cutting operations are suspended for approximately three
months or longer is in excess of one-third of the minimum advance
deposit specified in the contract, such excess may be refunded at the
request of the Purchaser and in the discretion of the Superintendent.
However, no refund shall be made if an unexcused deficiency in minimum
cutting requirements exists. Final refund of the total unobligated
balance of advance deposits shall be authorized by the Approving Officer
after all the terms of the contract have been satisfactorily completed.
5. Utilization.
5(a) Sales of Estimated Volumes. In sales in which the volume of
timber is to be determined by measurement of cut products, timber shall
be cut to utilize fully the merchantable material and to yield the
maximum stumapge value. Timber cut into lengths or products of lesser
value shall be scaled as if cut to yield the maximum value of products
covered by the contract. Stumps shall be cut as low as practicable to
avoid waste. The mean height of any stump shall not exceed one-half of
its diameter, except that where this height is considered to be
impracticable higher stumps may be authorized by the Officer in Charge.
Stumps which exceed the maximum height shall be paid for by the
Purchaser at the rates per stump specified in the contract, which
charges, in view of the difficulty of determining the actual damage to
the Seller, shall be regarded as fixed, agreed and liquidated damages.
In addition, the Officer in Charge may require the Purchaser to recut
such stumps to the maximum allowable height.
5(b) Sales of Predetermined Volumes. In sales in which the volume of
timber sold was determined prior to the sale, the Officer in Charge may
require the Purchaser to recut stumps which exceed the maximum height as
defined in Section 5(a). In these sales, the Purchaser is expected to
practice full utilization but no charge shall be
CORRECTION
The preceding document(s) has been refilmed to assure legibility and
its image appears immediately hereafter such length of time as he deems
reasonable. Decisions of the Approving Officer may be appealed to the
Secretary in accordance with the provisions of the following section.
2(j) Appeals. The parties to this contract may appeal, in accordance
with such rules and regulations as the Secretary of the Interior may
from time to time prescribe, any action or decision taken by the
Approving Officer or his superior officers. The decision of the
Secretary shall be final subject to lawful judicial remedies.
2(k) Bureau of Indian Affairs Representative. Notices, requests or
other action where formal written notice is required herein, or is
appropriate, shall be accepted for the Bureau of Indian Affairs by the
Superintendent.
3. Timber To Be Reserved. No timber may be cut except that which is
designated by the Officer in Charge. A strip of timber on each side of
streams, roads and trails, along lake shores, in the vicinity of camping
places and recreational or ceremonial grounds, and timber in immature
stands or other areas which should not be disturbed because of
silvicultural, watershed protection or other reasons, may be reserved in
which little or no cutting shall be allowed.
4. Payments and Deposits.
4(a) Method of Payment. The Purchaser shall pay for the timber
covered by the contract in advance of cutting, as a single payment or
installment payments in sales of predetermined volumes or in the form of
advance payments or advance deposits in sales of estimated volumes.
Payment shall be certified check, cashier's check, bank draft or postal
money order, drawn payable to the Bureau of Indian Affairs, or in cash.
All payments shall be transmitted to the Superintendent.
4(b) Advance Payments on Allotment Timber. Advance payments are
partial payments of the estimated value of timber to be cut on each
allotment and are required in all sales of allotment timber unless the
full purchase price is paid before the contract is approved. Advance
payments may be paid to the allotment owner as soon as received and are
not refundable. Such payments shall be credited against the allotment
timber as it is cut and scaled, at the stumpage rates in effect at the
time of scaling. The Purchaser shall pay 15 percent of the estimated
value of the timber to be cut, computed at the bid rates, within 30 days
from the date of approval of each allotment contract and before cutting
begins. The Purchaser shall make additional advance payments of 15
percent of the estimated value within three years and 20 percent within
six years, if the contract extends beyond those periods. Advance
deposits previously applied against timber cut on the allotment shall be
included in computing the payments. The Approving Officer may, in his
discretion, reduce the original estimate of the volume of timber to be
cut on any allotment because of error of estimate, losses from fire or
other causes, or for similar reasons, but not because of depletion from
cutting. If the advance payments on any allotment exceed the total
value of the timber cut on that allotment by the Purchaser, the amount
of the advance payments shall be declared to be the value of the timber
so cut.
4(c) Advance Deposits. Advance deposits are used in sales of
estimated volumes to maintain an operating balance against which the
value of the timber to be cut from either tribal or allotted lands will
be charged. The unobligated balance of advance deposits may be refunded
pursuant to Section 4(c)(3) herein. The Purchaser shall make advance
deposits in such amounts and at such times as called for by the
Superintendent. The amount of any advance deposit shall not be less
than the minimum amount specified in the contract, except as provided in
Section 4(c)(2) herein. The Purchaser shall not be required to provide
an advance deposit balance at any time of more than three times the
amount of the minimum advance deposit specified in the contract. The
estimated value of timber cut but not yet scaled shall be deducted from
the advance deposits then in the hands of the Superintendent in
computing the advance deposit balance. Advance deposits shall be
applied to timber cut from tribal lands and shall be applied to
allotment timber only after the advance payments on the allotment being
cut have been exhausted. Advance payments on allotment timber shall not
operate to reduce the size of the advance deposits that may be required
by the Superintendent.
(1) Suspension of Operations. If advance deposits are not received
within 15 days of written request therefor, or if at any time the
balance of advance deposits is reduced to one-third of the required
minimum advance deposit, the Superintendent may suspend all or any part
of the operations until the requested advance deposit is received.
(2) Reduction of Advance Deposits. The Superintendent may reduce the
minimum size of the last advance deposit before completion of the sale
or before periods of approximately three months or longer during which
no timber cutting is anticipated.
(3) Refund of Advance Deposits. If the balance of advance deposits
at the time cutting operations are suspended for approximately three
months or longer is in excess of one-third of the minimum advance
deposit specified in the contract, such excess may be refunded at the
request of the Purchaser and in the discretion of the Superintendent.
However, no refund shall be made if an unexcused deficiency in minimum
cutting requirements exists. Final refund of the total unobligated
balance of advance deposits shall be authorized by the Approving Officer
after all the terms of the contract have been satisfactorily completed.
5. Utilization.
5(a) Sales of Estimated Volumes. In sales in which the volume of
timber is to be determined by measurement of cut products, timber shall
be cut to utilize fully the merchantable material and to yield the
maximum stumpage value. Timber cut into lengths or products of lesser
value shall be scaled as if cut to yield the maximum value of products
covered by the contract. Stumps shall be cut as low as practicable to
avoid waste. The mean height of any stump shall not exceed one-half of
its diameter, except that where this height is considered to be
impracticable higher stumps may be authorized by the Officer in Charge.
Stumps which exceed the maximum height shall be paid for by the
Purchaser at the rates per stump specified in the contract, which
charges, in view of the difficulty of determining the actual damage to
the Seller, shall be regarded as fixed, agreed and liquidated damages.
In addition, the Officer in Charge may require the Purchaser to recut
such stumps to the maximum allowable height.
5(b) Sales of Predetermined Volumes. In sales in which the volume of
timber sold was determined prior to the sale, the Officer in Charge may
require the Purchaser to recut stumps which exceed the maximum height as
defined in Section 5(a). In these sales, the Purchaser is expected to
practice full utilization but no charge shall be made for poor
utilization of timber represented by the predetermined volumes.
6. Cutting Schedule. In sales of estimated volumes, if the actual
volume of timber designated for cutting exceeds the estimated volume
shown in the contract by such an amount that the contract limitation on
the maximum annual cut prevents the Purchaser from cutting all
designated timber prior to the date specified in the contract, the
Approving Officer, after consultation with the Purchaser and the Seller,
shall in his discretion, either increase the maximum annual cut or
extend the contract or both, subject to such conditions as he deems most
equitable to both parties.
6(a) Minimum Volume. The minimum volume required by the contract
shall be cut and paid for each year from the sale area. During the last
calendar year of the contract, the actual volume of timber designated
for cutting shall be controlling if less than the minimum volume
required.
(1) Relief From Minimum Requirements. The Approving Officer, at the
request of the Purchaser and after consultation with the Seller, may
relieve the Purchaser in whole or in part from the minimum annual
cutting and paying requirements when, in the opinion of the Approving
Officer, the Purchaser is prevented by factors beyond his control from
meeting the minimum cutting requirements or when such relief is in the
best interest of the Seller.
(2) Payment for Deficiencies. If the Purchaser fails to meet the
minimum cutting requirements and no relief is granted, the volume of
timber scaled during the following calendar year shall not be applied to
the minimum requirements for that year until the existing deficiency has
been made up. All timber scaled during each quarter-annual period
beginning 000101, 000401, 000701 and 001001 in which a deficiency
exsists shall be paid for at the stumpage rates in effect on 001231 of
the year in which the deficiency occurred or at the rates in effect at
the time of scaling, whichever are the higher.
6(b) Maximum Volume. The volume of timber cut on the sale area
during any calendar year, not including the cutting deficiencies from
any previous year or years or the volume of timber salvaged pursuant to
Section 6(c) herein, shall not exceed the maximum volume specified in
the contract without the consent of the Approving Officer after
consultation with the Seller. Logging performance in any calendar year
beyond the minimum required therefor shall not be applied against the
cutting requirements of subsequent year beyond the minimum required
therefor shall not be applied against the cutting requirements of
subsequent calendar years unless authorized by the Approving Officer
after consultation with the Seller.
6(c) Salvage of Damaged Timber. As used in this section, "Damaged
timber" shall include any timber within the unit of the species and
minimum merchantability specified in the contract which is damaged but
not rendered unmerchantable by insects, disease, windthrow or
non-Purchaser fires subsequent to the date the contract is approved. In
contracts for the sale of predetermined volumes in which minimum
merchantibility standards are not specified, merchantability shall be
determined in accordance with customary standards. The Purchaser shall
cut and pay for damaged timber as expeditiously as possible and as the
Approving Officer may direct. If, in the opinion of the Approving
Officer, additional salvage operations are necessary to prevent losses
to the Indian owners, he may offer all or part of the damaged timber for
sale under one or more separate contracts.
7. Volume Determination. The term "scaling," as used in these
Provisions, may include scaling by log rule, measuring, counting,
weighing, tree measurement before felling or any other reasonable method
prescribed by the Approving Officer.
7(a) Bureau of Indian Affairs To Scale. All timber covered by the
contract shall be scaled by authorized employees of the Bureau of Indian
Affairs.
7(b) Convenience in Scaling. The Purchaser shall roll out, deck or
otherwise present products in a manner suitable for economical scaling
as the Officer in Charge may reasonably direct. The points at which
products shall be presented for scaling shall be designated by the
Officer in Charge and may include the place where cut, a landing or
point of shipment, or other points. Products shall not be moved from
the designated scaling point until they have been scaled, and until they
have been stamped, numbered or otherwise released by the Officer in
Charge. Products that are moved contrary to the instructions of the
Officer in Charge shall be paid for by the Purchaser at double the
contract stumpage rates. The Officer in Charge may require that
products be decked, stacked or otherwise held for scaling when the
average daily volume produced is too small to permit economical scaling.
7(c) Scaling Logs. The Scribner Decimal C log rule shall be used in
scaling all logs. The log rule shall be read to the nearest inch on the
average diameter inside bark at the small end of the log. The maximum
scaling length of a single log shall be 16 feet. All logs exceeding the
maximum scaling length shall be scaled as two or more logs. The
following allowance shall be made for trimming:
Table not keyed, see original
Logs overrunning the trim allowance shall be scaled to the next
standard one-foot length. Deductions shall be made from the gross
volume for rot, shake, hollow, check, sweep, crook or other visible
defects, but no deduction shall be made for blue stain when not
accompanied by other evidence of deterioration or for any defect or
damage due to the carelessness of the Purchaser. Products presented for
scaling in other than sawlog form shall be scaled as provided in the
contract.
7(d) Unmerchantable Material. Material which is more defective than
the minimum merchantable percentage and material smaller than the
minimum merchantable size, as specified in the contract, shall be culled
if left in the woods, but any such material that is taken for
manufacture or sale shall be scaled for its actual sound contents.
7(e) Scaling Waste Material. Waste in long butts, tops, broken and
partially sound logs, in other products, and in all trees designated for
cutting which are not cut or which are left felled, lodged or badly
damaged by the logging operations shall be paid for by the Purchaser at
the contract stumpage rates, except that no additional charge shall be
made for such waste material in trees the volume of which was determined
prior to the sale. The Purchaser may be required to pay at double the
contract stumpage rates for merchantable timber not designated for
cutting which is cut or seriously injured through carelessness. If
timber is injured to the extent that, in the opinion of the Officer in
Charge, it will constitute a hazard to residual trees if not removed,
the Purchaser may be required to remove such timber. Any waste material
which is paid for shall become the property of the Purchaser and may be
removed from the sale area at any time prior to the expiration date of
the contract.
7(f) Marking Products. When a separate record of the volume of
timber cut from allotments or other areas is required by the Bureau of
Indian Affairs, the Purchaser shall mark all unscaled products with
distinctive brands, as directed by the Officer in Charge, to permit
positive identification of the products with the land from which they
were cut.
7(g) Scale Reports. A copy of each 10-day scale report showing the
number of pieces and the volume and value of all products scaled under
the contract during the reporting period shall be furnished to the
Purchaser by the Superintendent. A copy of each Report of Timber Cut
showing the volume and value of timber scaled and the balances in
advance payments and advance deposits shall be furnished to the
Purchaser.
7(h) Purchaser's Check Scale. The Purchaser may arrange with the
Bureau of Indian Affairs scaler, through the Officer in Charge, for a
check scaler employed by the Purchaser to compare his scale with that of
the Bureau of Indian Affairs scaler, at hours convenient to the Officer
in Charge.
8. Logging Requirements.
8(a) Logging Plans. The Approving Officer may require the Purchaser
to present seasonal plans of logging operations for approval before
operations begin. When a logging plan has been approved there shall be
no substantial departure from it without the written consent of the
officer who approved the plan. The areas to be logged in any season may
be designated by the Approving Officer when, in his judgment, such
action is necessary to prevent deterioration of timber from fire,
insects, disease or other cause, or to insure that the sale area is
logged in such a manner as to protect fully the interests of the Seller
and the Government. The Officer in Charge may require the Purchaser to
complete logging operations begun on an allotment or on a natural
topographic unit before operations are moved to another part of the sale
area.
8(b) Logging Methods. The Purchaser's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
8(c) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the sale area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
8(d) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Purchaser may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Purchaser, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
9. Slash and Snags.
9(a) Treatment of Slash. The treatment of slash shall be
accomplished by the Purchaser concurrently with other phases of logging
operations. Slash shall mean limbs, tops, damaged young growth and
other material up to 4 inches in diameter resulting from logging, road
construction or other operations by the Purchaser.
9(b) Burning Slash. The Purchaser shall lop and pile all slash
compactly for burning. Slash pile shall be placed a sufficient distance
from reserved trees and reproduction to prevent unnecessary damage in
burning. The Purchaser shall burn slash in such a manner and at such
times as the Officer in Charge may direct. Whenever the Purchaser
allows fire to run through slash, except in compliance with the
instructions of the Officer in Charge, the Purchaser may be required to
lop and scatter or repile and reburn the slash. The Purchaser shall
make every reasonable effort to control and suppress all fires which may
spread from his slash burning operations, but he shall not be held
liable for damages caused by slash burning operations conducted in
compliance with the instructions of the Officer in Charge unless such
damages are due to the Purchaser's carelessness or negligence in the
execution of instructions. The Purchaser may be reimbursed for his
costs in suppressing slash fires not due to his carelessness or neglect.
9(c) Snag Felling. The Purchaser shall fell all unmerchantable dead
trees, within the area cutover, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed in each part of the sale area as soon as practicable
after skidding and before the slash is burned, if burning is required.
The Purchaser may be relieved of snag felling requirements on
specifically designated areas by the Superintendent at the request of
the tribal governing body on unallotted lands or at the request of the
Indian owners on allotted lands.
10. Transportation Facilities.
10(a) Authorization. The Purchaser is authorized to construct and
maintain on the contracted area and on other unallotted Indian lands
such roads, bridges and other transportation facilities as are necessary
for logging operations under the contract, subject to applicable
regulations and such conditions as the Approving Officer may impose.
Construction of transportation facilities shall not convey the right of
exclusive use to the Purchaser. In these Provisions, "construction"
shall also include reconstruction.
10(b) Road Construction. The location and design of all roads to be
constructed by the Purchaser shall minimize damage to Indian lands. The
Approving Officer may, before construction begins, require approval of
road locations and design by inspection or through the submission of
plans and specifications for the location and design of roads and
appurtenant structures.
10(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Purchaser's operations.
(1) Existing Bureau of Indian Affairs Roads. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Purchaser uses existing Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Purchaser and the Superintendent. In the event of
disagreement, the determination shall be made by the Superintendent.
(2) Roads Constructed by Purchaser. Main roads which are constructed
by the Purchaser and which are designated by the Approving Officer as
roads that will be used as principal access for subsequent
administration, management or protection of Indian timber shall be
maintained by the Purchaser to prevent deterioration in periods of
non-use during the life of the contract. Required mainenance may
include blading the surface to remove ruts and other obstructions to
surface drainage, cleaning drainage ditches, cleaning and repairing
drainage structures or other action precribed by the Officer in Charge.
Similar maintenance may be required on such designated roads prior to
abandonment.
10(d) Use by Other Parties. Roads constructed by the Purchaser under
authority of the contract or on right-of-way held by the Bureau of
Indian Affairs may be used by other parties as authorized by the
Approving Officer, provided that, in the opinion of the Approving
Officer, the use by other parties will not cause unreasonable
interference with the operations of the Purchaser. Such other parties
shall provide improvements and maintenance to the roads as may be
reasonable and equitable to prevent appreciable increases in the
Purchaser's costs of operation as a result of joint use. The extent of
such obligations shall be agreed upon by the parties concerned, subject
to a final determination by the Approving Officer if the parties
disagree.
10(e) Improvements. All bridges, drainage structures, cattle guards
or other improvements installed on any road by the Purchaser shall be
left intact at the completion of logging operations, unless the removal
of such improvements is authorized or required by the Approving Officer.
11. Fire Prevention and Suppression.
11(a) Fire Plans. When requested by the Approving Officer, the
Purchaser shall prepare, in cooperation with the Officer in Charge, a
plan for the prevention and suppression of fires on the sale area for
the approval of the Approving Officer. The plan shall fully reflect the
Purchaser's fire protection obligations under the contract. Neither the
approval of the plan nor anything contained therein shall relieve the
Purchaser from any responsibility under the terms of the contract.
11(b) Fire Precautions. The Purchaser shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Approving Officer to meet the fire
protection requirements of the contract and the existing fire danger.
The requirements shall not be less than are required under the laws of
the State in which the sale area is located.
11(c) Fire Suppression. The Purchaser shall take immediate and
independent initial fire suppression action on all fires on the sale
area and shall use all necessary manpower and equipment at his disposal,
including the employees and equipment at his disposal, including the
employees and equipment of his subcontractors engaged on or near the
sale area in construction or in logging, removing or processing timber.
When called upon by the Officer in Charge, the Purchaser shall make
available any or all of his manpower and equipment, including that of
his subcontractors, for hire by the Bureau of Indian Affairs and to work
under the direction of any authorized employee of the Bureau of Indian
Affairs in the suppression of any fire on or threatening Indian lands.
11(d) Fire Suppression Costs.
(1) Purchaser fires. If the Purchaser, his employees, his
subcontractors or their employees, are responsible by act or neglect for
the origin or spread of a fire, hereinafter act or neglect for the
origin or spread of a fire, hereinafter called a Purchaser fire, the
Purchaser shall pay all the costs of fire suppression, including those
incurred by the Bureau of Indian Affairs.
(2) Non-Purchaser Fires. Fires for which the Purchaser or his
employees, his subcontractors or their employees, are in no way
responsible by act or neglect are hereinafter called non-Purchaser
fires. The Purchaser's cost of suppressing such fires shall be computed
at rates established by the Bureau of Indian Affairs.
On the sale area the Purchaser shall pay one-half of the total
suppression costs of non-Purchaser fires, provided that the Purchaser's
obligation shall be limited in any calendar year to a maximum of one
percent of the total estimated value of the timber covered by the
contract computed at the estimated volumes and the bid rates shown in
the contract. In the event that other sales are made within the sale
area in accordance with Section 13(a) herein, the Purchasers shall share
the obligation to pay one-half of the total suppression costs of
non-Purchaser fires according to the relationship of the total estimated
value of the timber covered by each contract to the total estimated
value of the timber covered by all of the contracts. However, if a fire
is determined to be a Purchaser fire with respect to one of the
Purchasers, he shall be liable for all of the suppression costs of other
Purchasers on the sale area.
Outside the sale area, the Purchaser shall be reimbursed for all of
his costs in suppressing non-Purchaser fires.
The provisions of this section shall not be construed as relieving
the Purchaser of fire suppression costs for which he is otherwise liable
under State law.
11(e) Liability for Fire Damage. The Purchaser shall pay for all
damages caused by a Purchaser fire to timber or any other property of
the Indians or the Government in an amount to be determined by the
Approving Officer. The Purchaser's liability for losses sustained by
the Indians or the Government from non-Purchaser fires shall be in
accordance with the provisions of Section 6(c) herein.
12. Improvements.
12(a) Existing Improvements. The Purchaser may be given permission
to use existing improvements which are already on lands covered by the
contract and which are necessary for his logging operations under the
contract, subject to applicable regulations and such conditions as the
Approving Officer may impose. All telephone lines, fences, roads,
trails and other improvements shall be protected as far as possible in
all phases of the Purchaser's operations and, whenever they are damaged,
the Purchaser may be required to repair them promptly to as good
condition as before the damage.
12(b) Damage to Land and Other Property. Damage to land or other
property of the Indians or the Government which cannot be repaired shall
be paid for by the Purchaser in an amount to be determined by the
Approving Officer. In determining the amount of such damages, the
Approving Officer shall consider the value of any permanent improvements
made to the land by the Purchaser.
12(c) Construction of Improvements. The Purchaser, with the approval
of the Approving Officer and subject to such conditions as he may impose
and to applicable regulations, may construct on lands covered by the
contract such improvements as are necessary for his operations under the
contract.
12(d) Use of Timber. Fuelwood and improvements shall be made as far
as practicable from unmerchantable timber and such material shall not be
charged to the Purchaser. The use of any material not covered by the
contract from Indian lands may be restricted by the Approving Officer.
12(e) Removing of Property. The Purchaser shall remove all of his
improvements and other property within six months from the expiration
date of the contract except for improvements installed on roads as
provided in Section 10(e) herein or unless he is authorized by the
Approving Officer to leave such improvements. After that time, the
title to all improvements and to other property shall attach to the
land.
12(f) Sanitation. All improvements constructed or used by the
Purchaser on lands belonging to the Indians or the Government, such as
camps, mills and other structures, and the grounds adjacent thereto,
shall be maintained in a clean and sanitary condition. Rubbish shall be
removed and properly buried or burned during the occupancy of such
structures. Upon the abandonment or removal of improvements, the sites
shall be throughly cleaned up and all rubbish and debris shall be
disposed of.
13. Other Conditions.
13(a) Other Sales Within Sale Area.
(1) Salvage Sales of Minor Volumes. Separate salvage sales of minor
volumes of timber covered by the contract may be made when the Approving
Officer and the Purchaser agree in writing that the scattered location
of single trees or small groups of trees to be salvaged cannot
reasonably be removed in the Purchaser's operations.
(2) Other Material. Other sales may be made within the sale area of
material not included in the terms of the Purchaser's contract, provided
such sales will not, in the judgment of the Approving Officer, cause
unreasonable interference with operations of the Purchaser. Other
Purchasers may be required to provide improvements to
Purchasers-constructed roads in accordance with Section 10(d) herein.
13(b) Rights-of-Way. Rights-of-way may be granted to other parties
through any portion of this sale area during the life of the contract
provided such rights-of-way will not, in the judgment of the Approving
Officer, cause unreasonable interference with the operations of the
Purchaser.
13(c) Bureau of Indian Affairs Services. The Bureau of Indian
Affairs will furnish scaling, marking and other services within a basic
workweek of 8 hours per day for 5 days per week, exclusive of Sundays
and Government holidays, unless additional services are requested by the
Purchaser and approved by the Superintendent. The Purchaser shall pay
for additional services as required by the Act of 560730, (25 U.S.C.
407d).
13(d) Purchaser and Bureau of Indian Affairs Representatives on Sale
Area. At all times when construction or logging operations are in
progress, the Purchaser shall have a representative readily available in
the area of such operations who shall be authorized to receive in behalf
of the Purchaser any notices or instructions from the Officer in Charge
or other authorized representative of the Bureau of Indian Affairs in
regard to performance under the contract and to take such action thereon
as is required by the terms of the contract. Written designation of the
representative may be required by the Superintendent. At the request of
the Purchaser, the Superintendent shall designate in writing the name of
the Bureau of Indian Affairs representative who shall supervise
operations under the contract.
13(e) New Bond. Whenever any bond furnished to guarantee obligations
under the contract shall be unsatisfactory to the Approving Officer he
may require the Purchaser to furnish a new bond which shall be
satisfactory to the Approving Officer.
13(f) Indian Labor. The Purchaser shall employ Indian labor at the
same wages as other labor and in preference to other labor not already
in his employ whenever Indian labor seeks employment and is competent.
13(g) Financial Statements. At the close of each year used by the
Purchaser as a basis for his records, and no later than the date
specified by the Approving Officer, the Purchaser shall submit to the
Superintendent three copies each of a balance sheet, profit and loss
statement and detailed statement of operating costs and sales. The
statements shall be of a form satisfactory to the Commissioner, and
shall be certified by a certified public accountant and the Purchaser.
In addition to or in lieu of the statements by the Purchaser, the
Commissioner in his discretion may require the Purchaser to submit such
certified statements for his divisions and subsidiaries (wholly owned or
controlled) or his subcontractors which are engaged in operations under
the contract or in the manufacture or sale of products produced
thereunder. The statements shall be considered as confidential material
and shall be available only to Government employees whose official
duties require access to the information therein.
13(h) Purchaser's Records. Records pertaining to the logging,
manufacture and sale of material covered by the contract by the
Purchaser, his divisions and subsidiaries (wholly owned or controlled)
and his subcontractors, and such other records as it may be necessary to
review to confirm the statements submitted by the Purchaser, shall be
open to inspection at any reasonable time by the Commissioner, Bureau of
Indian Affairs, or the Approving Officer or any officer designated by
them for the purpose of obtaining information of the type used by the
Bureau of Indian Affairs in stumpage appraisals and adjustments. The
information so obtained shall be regarded as confidential and shall be
available only to Government employees whose official duties require
access to it. The right of inspection shall extend for a reasonable
time beyond the period of the contract to provide the Bureau of Indian
Affairs an opportunity to obtain relevant information for the full
contract period.
13(i) Maintenance of Order. The Purchaser shall comply with all laws
and regulations relating to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors.
13(j) Officials not to Benefit. No Member of, or Delegate to,
Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom unless
it is made with a corporation for its general benefit.
SALE OF TIMBER
QUINAULT INDIAN RESERVATION
ORAL AUCTION BIDS will be received by the Superintendent, Western
Washington Indian Agency, or his authorized representative at Hoquiam
City Hall Building, Hoquiam, Washington, beginning at 2:00 P.M., Pacific
Standard Time, 600927, for the purchase of timber on a tract within the
Quinault Indian Reservation designated as the "N.P. Trail No. 2 Timber
Sale Unit", more specifically described as that portion of the Horton
Capoeman Allotment No. 10 described as Lot 4 of Section 25 and the
SW1/4SW1/4 of Section 24, containing 93 acres; and that portion of the
Glen Capoeman Allotment No. 138, described as Lot 3, Section 25,
containing 58 acres, all of which lies in Township 22 North, Range 12
West, Willamette Meridian, Washington, containing a total net acreage to
be cut of 151 acres, situated at the north end of Aloha's Upper Bridge.
This unit includes an estimated stand to be cut of approximately 95,000
board feet of western hemlock and 1,048,000 board feet of Sitka spruce,
which estimates are not guaranteed. A separate contract will be
executed for each allotment on the sale unit. Each bidder must state
the price per thousand feet, B.M., Scribner Decimal C Log Scale that
will be paid for timber cut and no bid will be considered for less than
$17.30 per M feet, B.M., for Sitka spruce and $13.85 per M feet, B.M.
for western hemlock and other species. To qualify for oral bidding,
all, bidders must submit a sealed bid, in duplicate, on forms provided
therefor, marked outside, "Bid, N. P. Trail No. 2 Timber Sale Unit",
addressed to the Superintendent, Western Washington Indian Sub-Agency,
Hoquiam, Washington, prior to 2:00 P.M., 600927. Scaled bids will be
posted at the beginning of the auction for the information of all
bidders. Deposits in the form of either a certified check, cashier's
check, bank draft, or postal money order, drawn payable to the order of
the Bureau of Indian Affairs, or in cash, in the amount of Four Thousand
Dollars ($4,000.00) must accompany each sealed bid. If an oral bid is
declared to be high at the close of the auction, the bidder must
immediately confirm the oral bid by submitting it in writing on a Bureau
of Indian Affairs bid form. The right to waive technical defects and to
reject any and all bids is reserved. Persons bidding for or on behalf
of companies, corporations, or partnerships, must, at the time of
bidding, submit in writing conclusive evidence of their authority to do
so. The deposit of the apparent high bidder, and of others who submit
written requests to have their bids considered for acceptance, will be
retained pending acceptance or rejection of the bids. All other
deposits will be returned promptly following the opening and posting of
bids. The deposit of the successful bidder will be applied as part of
the purchase price against the timber cut on this unit only or retained
as liquidated damages if the bidder shall not execute the contracts and
furnish satisfactory bond for each contract within sixty days from
acceptance of his bid. A separate bond will be required for each
contract in proportion to the value of the timber on each tract. The
total value of the bonds will be Four Thousand Dollars ($4,000.00).
Each contract will specify designated timber shall be cut and removed
from the unit by 611231, and will also specify that logs cut under the
contract shall be scaled by the Grays Harbor Log Scaling and Grading
Bureau or other Scaling Bureau acceptable to the Area Director, and that
the cost of such scaling shall be paid by the purchaser. Each contract
shall also specify that the purchaser will leave the boundaries and
corners of the sale area well marked at the completion of the contracts.
Advance payments of fifteen (15) percent of the purchase price of the
timber on each individual contract must be made within thirty (30) days
of approval of the contracts. The successful bidder will be required to
negotiate for access to the sale area over existing roads with the Aloha
Lumber Corporation. Bureau of Indian Affairs bid forms for use in
submitting sealed bids and full information concerning the timber, the
conditions of the sale, and he submission of bids should be obtained
from the Superintendent, Western Washington Indian Agency, 1620 Hewitt
Avenue, Everett, Washington, or his representative at Room 206, Port
Office Building, Hoquiam, Washington, or the Area Director, Bureau of
Indian Affairs, Portland Area Office, P. O. Box 4097, Portland 8,
Oregon. Dated this 12th day of 600800, at Portland, Oregon. Don C.
Foster, Area Director.
ILLEGIBLE
map not keyed, see original
TO BE EXECUTED IN SEXTUPL
480600
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
BOND
KNOW ALL MEN BY THESE PRESENTS, That we, NORMAN BARNES AND COMPANY,
INC. of Seattle, State of Washington, and State of, Partners doing
business under the firm name of, a corporation organized and existing
under the laws of the State of Washington, having an office and
principal place of business at Seattle in the State of Washington, as
principal, and THE ASTNA CASUALTI AND SURETY COMPANY of , State of and,
of State of (or (Name of corporation) a corporation organized and
existing under the laws of the State of Connecticut, having its
principal office at Hartford), as suret , are held and firmly bound unto
the United States of America in the penal sum of Two Thousand dollars
($2,000.00), lawful money of the United States, for the payment of
which, well and truly to be made, we bind ourselves, each of us, our
heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
Sealed with our seals and dated this the 601129
The condition of this obligation is such that;
WHEREAS, NORMAN BARNES AND COMPANY, INC. principal herein, did on
the 601028 propose to purchase, at the rate of seventeen and 50/100
dollars $17.50, per (ILLEGIBLE) ILLEGIBLE on certain lands within the
Quinault Indian Reservation in Washington, described as follows, to wit:
the Glen Copoemen allotment No. 138, described as Lot 3, Section 25,
Township 22 North, Range 12 West, Millemette Meridian, Washington and
did stipulate and agree that if the said proposal was accepted by the
Area Director the proposal and its acceptance should be reduced promptly
to a written contract and constitute a binding agreement for the sale of
said timber, and that said principal would cut, fell, remove, and pay
for said timber in accordance with the regulations accompanying the
proposal and the written contract executed between the parties pursuant
thereto, and the said regulations which form a part thereof, and
WHEREAS, said Area Director did on the 601101, duly accept said
proposal, and the proposal and acceptance were thereupon reduced to a
written contract.
NOW, THEREFORE, if the above-bounden NORMAN BARNES AND COMPANY, INC.
its heirs, executors, administrators, successors, and assigns, shall
faithfully conform to and observe all the laws and regulations made and
which shall be here-after made for the governing of trade and
intercourse with the Indians, and in no respect violate the same, and
conduct all timber operations in accordance with said regulations, and
all provisions of the proposal and acceptance and the written contract
entered into by the parties pursuant thereto and in no respect violate
said regulations or contract, or either of them, then, and in that
event, this obligation shall be null and void; otherwise it shall
remain in full force and effect.
IN WITNESS WHEREOF, we hereunto set our hands and seals this day
601128 NORMAN BARNES AND COMPANY, INC. ILLEGIBLE (ILLEGIBLE) Attest:
A. M. Barnes Secretary.
TWO WITNESS REQUIRED TO SIGNATURE OF EACH PRINCIPAL AND SURETY.
PRINCIPAL AND SURETIES SIGN AND AFFIX SEALS
WITNESSES (P.O. address) (P.O. address)
BY: (ILLEGIBLE) Signature of president of corporation acting as
surety) 1325 Lexter Herton Bldg. Seattle, Washington Attest: D. H.
Hoffman Resident Asst. Sec'y
DEPARTMENT OF THE INTERIOR,
801202
APPROVED: Perry Skarra ASSISTANT AREA DIRECTOR Secretary.
NOTE. Two individual sureties are required. A corporate surety duly
qualified under the act of Congress of 940813 (28 Stat. L., 279), and
that of 100323 (36 Stat. L., 241), may be accepted as a sole surety.
Corporate sureties are preferred. The sureties must justify in amounts,
the aggregate of which will be equal to at least twice the penalty of
the bond.
In all cases where an officer signs for a corporation, either as
principal or surety, there must be attached to the bond either an
original certification, signed by the board of directors, of the
authority of the signing officer, or officers, to sign for and in behalf
of corporations; or a copy of a resolution of the board of directors
granting a general authority of this character to the signing officer or
officers, certified by the president and secretary of the corporation,
under the corporate seal, as a true and accurate transcript of the
resolution.
The AEtns Casualty and Surety Company Hartford Connecticut
Certificate of Authority of Resident Vice-Presidents and Resident
Assistant Secretaries.
KNOW ALL MEN BY THESE PRESENTS, That The AEtns Casualty and Surety
Company, a corporation organized under the laws of the State of
Connecticut and having its principal office in the City of Hartford,
State of Connecticut, by its duly authorized officer, does hereby
appoint the following resident officers, with business address indicated
below but without territorial restriction, and does grant full power and
authority to each Resident Assistant Secretary to seal and attest on its
behalf, any and all bonds, recognizances, contracts of indemnity, or
writings obligatory in the nature of a bond, recognizance, or
conditional undertaking, and all such instruments signed by any one of
said Resident Vice-Presidents, when sealed and attested by any other
person named below as one of said Resident Assistant Secretaries, shall
be as valid and binding upon the Company as if the same had been signed
by the President and duly sealed and attested:
RESIDENT VICE-PRESIDENTS George W. Rourke J. L. Warme W. D. Rourke
Robert B. Rourke
RESIDENT ASSISTANT SECRETARIES George W. Rourke J. L. Warme W. D.
Rourke Robert B. Rourke D. H. Hoffman
BUSINESS ADDRESS Seattle, Washington
These appointments are made under and by authority of the following
provisions of the by-laws of the Company which provisions are now in
full force and effect and are the only applicable provisions of said
by-laws:
ARTICLE IV;Section 8. The President, any Vice-President, or any
Secretary may from time to time appoint Resident Vice-Presidents,
Resident Assistant Secretaries, Attorneys-in-Fact, and Agents to act for
and on behalf of the Company and may give any such appointee such
authority as his certificate of authority may prescribe to sign with the
Company's name and seal with the Company's seal bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers
or the Board of Directors may at any time remove any such appointee and
revoke the power and authority given him.
ARTICLE IV;Section 10. Any bond, recognizance, contract of indemnity
or writing obligatory in the nature of a bond, recognizance, or
conditional undertaking shall be valid and binding upon the Company when
(a) signed by the President or a Vice-President or by a Resident
Vice-President, pursuant to the power prescribed in the certificate of
authority of such Resident Vice-President, and duly attested and sealed
with the Company's seal by a Secretary or Assistant Secretary, pursuant
to the power prescribed in the certificate of authority of such Resident
Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorney-in-Fact pursuant to the power prescribed in his or
certificate of authority.
IN WITNESS WHEREOF, The AEtna Casualty and Surety Company has caused
this instrument to be signed by its Secretary, and its corporate seal to
be hereto affixed, this 580416, A.D.
(CORPORATE SEAL) The AEtna Casualty and Surety Company, by J.A.
SWEARINGEN Secretary.
State of Connecticut, County of Hartford, ss:
On this 580416, A. D., before me personally came J. A. SWEARINGEN, to
me known, who, being by me duly sworn, did depose and say: that he is
Secretary of The AEtna Casualty and Surety Company, the corporation
described in and which executed the above instrument; that he knows the
seal of said corporation; that the seal affixed to the said instrument
is such corporate seal; that it was so affixed by authority of his
office under the by-laws of said corporation and that he signed his name
hereto by like authority.
MARY A. GRIFFIN (NOTARIAL SEAL) Notary Public.
My Commission Expires 620331
CERTIFICATE
I, the undersigned, Assistant Secretary of The AEtna Casualty and
Surety Company, a stock corporation of the State of Connecticut, DO
HEREBY CERTIFY that the CERTIFICATE OF AUTHORITY of which the foregoing
and attached copy is a full, true and protect copy remains in full force
and has not been revoked; and furthermore, that ARTICLE IV, Sections 8
and 10, of the by-laws of the Company, set forth in the Certificate of
Authority, is now in force.
Given under my hand and the seal of the Company, at the Home Office
of the Company, in the City of Hartford, State of Connecticut, this
601128 A.D.
(ILLEGIBLE) Assistant Secretary.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinault INDIAN RESERVATION, Washington
KNOW ALL MEN BY THESE PRESENTS, that I the undersigned, hereby
request, authorize, and empower the Superintendent of the Western
Washington Indian Agency to enter into contract for the sale of the
timber upon the following-described lands: Lot 3, Section 25, Township
22 North, Range 12 West, Willamette Meridian, Washington the same being
the allotment of Glen Capoeman
Quinault allottee No. 138, and authorize him to perform every act
necessary and requisite to the consummation of such sale with the same
validity as if I were personally present. Provided that no such
contract shall be made hereunder at stumpage rates per thousand feet
board measure of less than the following $13.50 per M feet, B.M., for
western hemlock and other species; $17.00 per M feet, B.M., for Sitka
spruce. and I do also hereby agree to grant any contractor holding any
contract hereunder and in conformity herewith, reasonable right-of-way
over the above-described lands, or any other lands in which I hold any
interest, provided I shall receive reasonable compensation for any
damage done or incurred through such right-of-way. The Commissioner of
Indian Affairs or his representative shall definitely determine what
shall be considered reasonable damages.
I furthermore agree that the proceeds arising from the sale of this
timber may be disposed of in accordance with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration.
Place Taholah, Washington Date 600601
Witnesses: George av. Seoeg Kay Filyew
Glen Capoeman
CERTIFICATE NO. 11139
United States of America State of Washington
DEPARTMENT OF STATE
TO ALL TO WHOM THESE PRESENTS SHALL COME I, Victor A. Meyers
Secretary of State of the State of Washington and custodian of the Seal
of said State do hereby certify that the corporate records of this
office show NORMAN BARNES & COMPANY, INCORPORATED, a Washington
corporation, was incorporated on 530723, and is an existing corporation
in good standing with all annual license fees paid to 610701; and I
further certify that NORMAN BARNES & COMPANY, INCORPORATED is duly
authorized to transact business in the State of Washington as of the
date of this Certificate
In Testimony Whereof, I have hereunto see my hand and affixed hereto
the Seal of the State of Washington. Done at the Capital at Olympia,
this 601109, A.D.
(ILLEGIBLE) Secretary of State
By Jean C Dinker Assistant Secretary of State
CERTIFICATE OF COPIES OF CORPORATE RECORDS
STATE OF WASHINGTON
ss.
COUNTY OF KING
I, A. M. BARNES, amthe duly elected, authorized and acting
Secretary-Treasurer of Norman Barnes & Co., Inc., a Washington
corporation.
Attached hereto and made a part hereof are copies of the following
Norman Barnes & Co., Inc. records:
A. Articles of Incorporation
B. Certificate by the Secretary of State, State of Washington, as to
the filing of the Articles of Incorporation, and copy of the 1960
Washington corporation license, both evincing authority of the
corporation to do business in the State of Washington.
C. By-Laws
D. Minutes of special meeting of Board of Directors of 601025,
containing resolution of authority for President or Vice President to
enter timber contracts.
I hereby certify that the annexed copies of the foregoing documents
are full, true and correct copies of the originals of said documents as
contained in the official minute book of the corporation in my
possession, custody and control as Secretary,Treasurer of Norman Barnes
& Co., Inc.
WITNESS MY HAND and the official seal of Norman Barnes & Co., Inc.
this 601108.
A. M. BARNES Secretary,Treasurer Norman Barnes & Co., Inc.
(Corporate Seal)
APPROVED AND FILED
530723
EARL COE Secretary Of State
ARTICLES OF INCORPORATION OF NORMAN BARNES & COMPANY INCORPORATED
We, the undersigned, NORMAN BARNES, RONALD S. BARNES, and EDW. L.
ROSLING, citizens of the United States of America and of the State of
Washington, residing in the City of Seattle, and desiring to form a
corporation under the Uniform Business Corporation Act of the State of
Washington for the purposes hereinafter set forth, do hereby make,
execute and adopt the following Articles of Incorporation, to-wit:
ARTICLE I.
The corporate name of this company shall be NORMAN BARNES & COMPANY,
INCORPORATED.
ARTICLE II.
The objects of the corporation and the nature of the business
proposed to be transacted, permitted, and carried on shall be as
follows:
1. To carry on the business of exporters and importers as principal,
factors, agents, or commission merchants in respect to buying, selling,
trading, or dealing in any kind or kinds of goods, wares, and
merchandise, and to do a general brokerage, commission, import,
forwarding and export business.
2. To buy, sell, deal in, lease, encumber, hold or improve real
estate, and the fixtures and personal property incidental thereto or
connected therewith, and with that end in view to acquire by purchase,
lease, hire or otherwise, lands, tenements, hereditaments, or any
interest therein; to improve the same and generally to hold, deal in
and improve the property of the company or other property, and to sell,
lease, morgage, pledge, or otherwise dispose of the land, tenements and
hereditaments or other property of the company.
3. To establish and carry on and to promote the establishment and
carrying on upon any property in which the company is interested of any
business which may conveniently be carried on upon or in connection with
such property, and the establishment of which may seem calculated to
enhance the value of the company's interest in such property, or to
facilitate the disposal thereof.
4. To lease, buy, sell, use and hold all such personal property as
may be necessary or convenient in connection with the aforesaid
business.
5. To loan and to borrow money, to draw, accept, endorse, discount,
buy, sell and deliver bills or exchange, promissory notes, bonds,
chattel mortgages, and contracts of conditional sale and other
securities or obligations.
6. To hold, purchase or otherwise acquire, and to sell, assign,
pledge or otherwise dispose of shares of the capital stock of this or
any other corporation, whether now or hereafter organized, to organize
or cause to be organized other corporations, and while the holder of any
such shares of stock, to exercise all the rights, and privileges of
ownership, including the right to vote thereon to the same extent as a
natural person might or could do.
7. To do all such other things as are, or reasonably may be believed
to be conducive towards or incidental to the attainment of the purpose
herein expressed, or any portion thereof, or to the general profit or
advantage of the corporation, so that said corporation shall have as
full, free and ample powers of carrying on its business, or any branch
thereof and any other such lines of business, as are necessarily or
conveniently incident thereto under the law, as a private person or
partnership would or could have in the premises.
ARTICLE III.
The duration or existence of this corporation shall be perpetual from
the date of the filing of these Articles.
ARTICLE IV.
The location and post office address of the corporation's registered
office in this state shall be Exchange Building, Seattle, Washington.
ARTICLE V.
The total authorized number of shares shall be 1,000, having a par
value of $10.00 each.
ARTICLE VI.
The amount of paid-in capital with which the corporation will begin
business is the sum of $1,500.00.
ARTICLE VII.
This corporation shall be managed by a board of not less than three
(3) nor more than five (5) Directors, the number of which shall be fixed
by the by-laws. The following named persons shall serve as Directors
for the term designated or until their successors are elected and have
qualified:
NORMAN BARNES Exchange Building, Seattle, Washington One year;
RONALD S. BARNES Exchange Building, Seattle, Washington One year;
EDW. L. ROSLING Vance Building, Seattle, Washington One year.
ARTICLE VIII.
The names and post office addresses of the incorporators of this
corporation and the statement of the number of shares subscribed by each
are as follows:
NORMAN BARNES Exchange Building, Seattle One Share
RONALD S. BARNES Exchange Building, Seattle One Share
EDW. L. ROSLING Exchange Building, Seattle One Share
IN WITNESS WHEREOF, said incorporators have caused these Articles to
be executed in triplicate and have signed and sealed the same and each
of them has hereunto set his hand this 530620.
Norman Barnes
Ronald S. Barnes
Edw. L. Rosling
STATE OF WASHINGTON
ss.
COUNTY OF KING
THIS IS TO CERTIFY that on the 530620, before me, a Notary Public in
and for the State of Washington, personally came NORMAN BARNES, RONALD
S. BARNES and EDW. L. ROSLING, to me known to be the individuals
described in and who executed the within instrument and declared the
same to be their free and voluntary act and deed for the uses and
purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and
year last above written.
ILLEGIBLE LINE
NOTARY PUBLIC in and for the State of Washington, residing at Seattle
Article No 123926
Department of State Olympia OFFICE OF THE Secretary of State
I, EARL COE, Secretary of State of the State of Washington, do hereby
certify that
ARTICLES OF INCORPORATION OF THE NORMAN BARNES & COMPANY,
INCORPORATED a Domestic Corporation, of Seattle, Washington, was, on the
530723, A.D. at 10:55 o'clock A.M., filed for record in this office and
now remains on file herein, being duly recorded in Book 54, at page
828-32, Domestic Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed hereto
the Seal of the State of Washington. Done at the Capitol, at Olympia,
this 530723, day A. D. (ILLEGIBLE) EARL COE, Secretary of State
STATE OF WASHINGTON VICTOR A. MEYERS DATE: 600627 License No. 70243
The corporation named hereto paid the fee required by law is licensed
to do business in the State of Washington, 610630.
Norman Barnes & Company Incorporated (ILLEGIBLE) Seatle, Washington
(ILLEGIBLE) ACTOR A. MEYERS SECRETARY OF STATE
BY - LAWS of NORMAN BARNES & COMPANY, INCORPORATED
We, the shareholders of the above entitled corporation, incorporated
under the laws of the State of Washington, for the objects and purposes
expressed in its Articles of Incorporation, do hereby adopt the
following By-Laws for the government of said corporation, the regulation
of its affairs, the transfer of its stock, and the carrying on of its
business, and the same shall be and are hereby made by the By-Laws of
said corporation and we agree to be governed thereby.
ARTICLE I Officers and their Duties
Section 1.
The officers of this corporation shall be a President,
Vice-President, Secretary and Treasurer.
Section 2.
The President shall be elected annually by the Board of Directors,
from among their number, at the first meeting of the Board after the
shareholders' annual meeting, or any adjournment thereof, and shall hold
his office for the term of one year and until his successor is elected
and qualified. He shall be the executive head of the corporation,
preside at all meetings of the Board of Directors, and at all meetings
of the shareholders. He shall sign with the Secretary all certificates
of stock, deeds, bonds and obligations of the corporation. The
President shall order meetings of the Board of Directors, and may, when
he deems it necessary or advisable, order special meetings of the
shareholders. He shall, whenever requested in writing by the holders of
one-third of the capital stock then issued, order a special meeting of
the shareholders.
Section 3.
The Vice-President shall be elected annually by the Board of
Directors from among their number at the first meeting of the Board
after the shareholders' annual meeting or any adjournment thereof, and
shall hold his office for the term of one year and until his successor
is elected and qualified. In the absence of the President or his
inability to act, or whenever requested by the President, the
Vice-President shall perform the duties and functions provided to be
performed by the President. The Vice-President shall also perform the
duties of the Secretary in his absence or inability to act insofar as
the same shall pertain to the calling of meetings of the shareholders or
directors.
Section 4.
The Secretary shall be elected annually by the Board of Directors
from among their number at the first meeting of the Board after the
shareholders' annual meeting or any adjournment thereof, and shall hold
his office for the term of one year and until his successor is elected
and qualified. The Secretary shall be the custodian of the Corporate
seal, and of all records and documents of title pertaining to the
corporation or its property. He shall sign with the President and affix
the corporate seal to all stock certificates, deeds, bonds and
obligations of the corporation, and all other instruments of writing
requiring the corporate seal. He shall keep fair and correct minutes
and records of all meetings of the shareholders, and all business done
by the Directors and shareholders. He shall give notice of all special
meetings of the shareholders and of the annual meeting, and shall give
notice, when required, of meetings of the Board of Directors ordered by
the President. The Secretary shall not affix the corporate seal of the
corporation to any instrument whatever, excepting contracts on behalf of
the corporation, stock certificates and certified copies, unless first
authorized or directed so to do by resolution of the Board of Directors.
He shall keep a stock certificate book in which shall be bound all of
the blank stock certificates of the corporation, and each of said
certificates shall have a stub corresponding thereto and bearing a like
number, and said certificates shall be numbered consecutively from one
upwards, and shall be issued in the order of their number. When shares
of stock are issued or transferred, the Secretary shall note upon the
stub of the certificate the number and date of the certificate, the
number of shares for which the same is issued, and from whom
transferred. When any certificate of stock is surrendered for
cancellation or transfer, he shall reattach such surrendered
certificate, duly cancelled, to to the original stub thereof. The
Secretary shall keep a stock ledger containing the names, alphabetically
arranged, of all the persons who are, or shall at any time be
shareholders in the corporation, and showing the number of shares of
stock held by each of them respectively, and the times when they become
owners of such stock, which books, during the business hours of each
day, shall be open and at the office of the corporation for the
inspection of shareholders of the corporation. The stock ledger shall
show all issues, surrenders, transfers and cancellations of shares, and
who are the present shareholders of the stock. The Secretary shall
perform such other duties as may be required of him by the Board of
Directors or by law.
Section 5.
The Treasurer shall be elected annually by the Board of Directors
from among their number at the first meeting of the Board after the
shareholders' annual meeting or any adjournment thereof, and shall hold
his office for the term of one year, and until his successor is elected
and qualified. He shall receive and safely keep all moneys and
securities belonging to the corporation and shall keep the same
deposited in such bank or banks as the Board of Directors may doom fit
and proper, the same to be deposited in such bank or banks in the name
of and to the credit of the corporation. The Treasurer at each annual
meeting of the shareholders shall submit a report showing the condition
of the corporation's finances, and all moneys, funds and securities then
on hand and received and disbursed since the Treasurer's last report,
and shall make and submit reports and statements at such other times as
may be required by the Board of Directors. He shall perform and
discharge such other duties as the Board of Directors may from time to
time require.
Section 6.
Any Director may be elected to hold one or more official positions of
said corporation.
Section 7.
The Directors shall be three in number, and shall be elected annually
by the shareholders at the annual meeting, and shall, with the exception
hereinafter provided, hold their office for the term of one year and
until their successors are elected and qualified. Directors need not be
shareholders in the corporation and a majority of the Directors must be
citizens of the United States, and one a resident of the State of
Washington. The annual meeting of Directors shall be held immediately
following the annual meeting of the shareholders. The corporate powers
of the corporation shall be exercised by the Board of Directors, subject
to the restrictions and provisions of the By-Laws. The Board may from
time to time appoint, employ and discharge and fix the compensation of
such officers provided for in the By-Laws, as in the judgment of the
Board shall be necessary or expedient. Two or more of such officers,
agents and employees may be combined in one person, except that of
President.
ARTICLE II Stock Certificates
Section 1.
The certificates of shares of the capital stock of the corporation
shall be in such form as shall be approved by the Board of Directors.
The certificates shall be signed by the President and also by the
Secretary. Shares of the capital stock may be transferred by the
holder, or his legally appointed attorney, or by his legal
representative. The transfer shall be made by the endorsement and
surrender of the outstanding certificate or certificates and the issue
in lieu thereof of a new certificate or certificates to the new holder.
Section 2.
Except in case of lost or destroyed certificate, no new certificates
shall be issued unless the former certificates and the shares
represented thereby shall be surrendered or cancelled. In case of lost
or destroyed certificates, the President and Secretary may issue new
certificates upon receipt of a good and sufficient bond of indomnity
against loss or damage to the corporation.
ARTICLE III Meetings of Shareholders or Directors
Section 1.
The annual meeting of the shareholders of this corporation shall be
held on the third Monday of February of each and every year, at 10
o'clock A. M., provided the same shall not be a legal holiday, and if
the same shall be a legal holiday, then upon the next succeeding
business day. Notice of the annual meeting of the shareholders may be
given by letter, signed by the President or Secretary, to be mailed not
less than ten days prior to the holding thereof to each shareholder at
the address shown on the records of the corporation, or notice may be
given to the shareholders by any other means, provided the notice is
given a sufficient length of time before the meeting to allow him to
reach the place of meeting by the usual means of travel. A majority of
the shares of the capital stock issued shall constitute a quorum, and a
majority of such quorum shall carry any vote or resolution.
Section 2.
Any special meeting of the shareholders shall be held at the
principal office of the corporation, and may be called at any time by a
majority of the Directors, or by a call signed by the shareholders
holding one-third of the issued stock of the corporation. Notice of
every special meeting of the shareholders, stating the time, place and
objects thereof, shall be given by registered letter, postage prepaid,
mailed at least ten days before such meeting, containing a copy of such
notice, addressed to each shareholder at his post office address, as the
same may appear on the records of the corporation.
Section 3.
At all meetings of the shareholders there shall be present either in
person or by proxy, shareholders owning a majority of the outstanding
capital stock of the corporation in order to constitute a quorum.
Section 4.
Notice of all meetings of the Board of Directors shall be given to
each Director, either by mailing or by personal notice by the President
or Secretary, at least twenty-four hours in advance. A majority of the
Directors shall constitute a quorum and a majority of such quorum shall
carry any vote or resolution.
Section 5.
The failure to hold any Directors' meeting or shareholders meeting
shall not in any wise vitiate or injure the business of this
corporation, but such failure to hold the same shall be construed as an
adjournment thereof to such time thereafter as a meeting may be
regularly held, either by notice or written consent.
ARTICLE IV
Capital Stock
The capital stock of this corporation shall be issued as fully paid
up, and this corporation may accept in payment thereof such properties,
real or personal, and services, as to the Directors of the corporation
may seem sufficient, and such shares of the capital stock shall be
issued and delivered by the President or Secretary as soon as possible
and convenient.
ARTICLE V
Dividends
The Board of Directors shall have the power to order and declare and
pay dividends to the shareholders for the purpose of distributing any
net profits or surplus earnings arising from the business of the
corporation whenever they shall deem it expedient.
ARTICLE VI
Corporate Seal
The Board of Directors shall adopt and provide a corporate seal for
the corporation, and shall have the power at any time, by resolution
adopted, to alter or change the same, or adopt a new one. The seal at
any time adopted by the Board of Directors, shall be the corporate seal.
ARTICLE VII
Audit
The books of this corporation shall be audited yearly at the close of
each year's business, such audit to be made as of of each and every
year.
ARTICLE VIII
Absence of Officer
In case of the absence of an officer of the corporation or for any
other reason that may seem sufficient to the Board, the Board of
Directors may delegate his powers and duties for the time being to any
other officer or to any Director.
ARTICLE IX
Amending or Repealing the By-Laws
Section 1.
Subject to statutory limitations, the Board of Directors shall have
the power to make, amend or repeal By-Laws of this corporation by a vote
of a majority of all the Directors at any regular or special meeting of
the Board, provided that notice of intention to make, amend or repeal
By-Laws in whole or in part, at such meeting, shall have been previously
given to each member of the Board in accordance with the provisions for
notice contained in Section 4, Article III of these By-Laws.
Section 2.
All the By-Laws shall be subject to amendment, alteration or ropeal
at any annual meeting of the shareholders or at any special meeting
called for that purpose, by an affirmative vote of a majority in stock
present.
Section 3.
In all cases, when amended by the Board of Directors, a copy of such
amended By-Laws shall be sent to each shareholder within ten days after
the adoption of some.
The foregoing are the By-Laws adopted by vote of the shareholders at
meeting held 530811.
(ILLEGIBLE) SECRETARY
MINUTES OF 601025 SPECIAL MEETING OF BOARD OF DIRECTORS OF NORMAN
BARNES & CO., INC.
A special meeting of the Board of Directors of Norman Barnes & Co.,
Inc. was held at the companies office located at the Norton Building in
Seattle, Washington on 601025.
The meeting was called to order by Norman Barnes, the President and
all of the Directors were present, thus constituting a quorum. Present
were Norman Barnes, A. M. Barnes and H. C. Brettell. All of the
Directors of the corporation waived notice of this meeting and consented
to its being held at this time and place and consented to all of the
business coming before the meeting. James A. Andersen, the attorney for
the corporation, was also present at the meeting at the request of the
Directors.
A discussion of proposed timber contracts was had. Whereupon, on
motion duly made by A. M. Barnes, seconded by H. C. Brettell, and
unanimously carried, it was,
RESOLVED, that either Norman Barnes, the President of the
corporation, or H. C. Brettell, the Vice President of the corporation,
are hereby authorized to negotiate for, sign and in all respects enter
into contracts and other supporting documents for the purchase of timber
on behalf of the corporation; and further, that either of said officers
is particularly authorized to enter into United States Department of
Interior, Bureau of Indian Affairs contracts No. 14-20-0510-234 and No.
14-20-0510-235 regarding N. P. Train No. 2 Logging Unit, Quinault Indian
Reservation.
After a further discussion of the business activities of the
Minutes of Special Meeting 601025 corporation, it was
RESOLVED, that the corporations operations since the last Board of
Directors meeting, and the conduct of its affairs by its officers from
that time to date, be and the same hereby are approved and ratified.
There being no further business to come before the meeting, the
meeting was duly adjourned.
A. M. Barnes Secretary-Treasurer
Approved: Norman Barnes H. C. Brettell
STATE OF WASHINGTON
(ILLEGIBLE LINE) SECRETARY OF STATE
DATE 600627
LICENSE NO. 70243
The corporation named (ILLEGIBLE) paid the fee required by law is
licensed to do business in the State of Washington 610630.
(ILLEGIBLE LINES)
FOREST OFFICER'S REPORT N. P. Trail No. 2 Logging Unit Township 22
North, Range 12 West Quinault Indian Reservation
A. Introduction:
The Indian owners of the following described timber lands have
requested that their timber be offered for sale to the highest bidder.
The timber sale unit is described as that portion of the Horton Capoeman
allotment No. 10, described as Lot 4 of Section 25 and the SW1/4SW1/4 of
Section 24 containing 93 acres; and that portion of the Glen Capoeman
allotment No. 138, described as Lot 3 of Section 25, containing 58
acres. Total acreage to be logged is 151 acres.
B. Description:
The proposed timber sale is situated on the north bank of the
Quinault River at the upper bridge in the N. P. Trail Unit. The unit
was selectively logged between 430000 and 470000. The residual spruce
and hemlock is over-mature and decadent, and should be utilized now so
as to prevent future losses from disease and windthrow. The terrain is
classed as well drained river bottom land, with little danger from high
water during most the rainy season.
Accessibility is no problem, inasmuch as there is a good gravel
"all-weather" road through the sale area, and unlimited gravel for any
additional spurs that the purchaser may wish to construct. The
approximate hauling distance to the Grays Harbor mills is 40 miles, of
which 16 miles if via good gravel road, and the balance is on State
Highway.
The timber is low quality, over-mature spruce and hemlock. Due to
the established reproduction and the fact that the merchantable timber
is scattered, the unit is best suited to tractor logging. Supervised
logging would not cause any appreciable amount of damage to the
reproduction.
C. Method of Cruise:
A twenty percent cruise was conducted by Rainer Heikel, Louis
Willcox, Richard Geier and Morton Brann. Cruise lines were run at right
angles to the topography, and all trees having at least a 12 inch D.B.H.
and a 8 inch top and containing at least one 16-foot half-log were
tallied by log grades.
Average Log Grade Percentages by Species:
Table not keyed, see original
Estimated Volume by Allotment (MBM):
Table not keyed, see original
D. Current Market and Competitive Situation:
An analysis of the Quarterly F.N.L.A. log values for both the Grays
Harbor and Puget Sound markets and the price currently being paid by
plywood and lumber mills on Grays Harbor, show the current log market
prices for all species to be holding relatively steady. This is most
pronounced for such species as western hemlock, Pacific silver fir and
western redcedar. Observation of recent timber sales in the Grays
Harbor marketing area, including a timber sale made by this office
within the past month, shows close competition with bid prices
considerably higher than the advertised minimum prices.
Reasonable competition in bidding is anticipated, provided that the
log market continues at its present level, and the mills continue to
build their inventories.
E. Stumpage Appraisal:
This appraisal is based on an analysis of the 1st Quarter 1960
P.N.L.A. Grays Harbor log market prices and the average log prices
currently being paid by the mills on Grays Harbor.
LOG VALUES
Table not keyed, see original
#Log prices from: Analysis of Average Log Prices paid by Local Grays
Harbor Mills on 600401 and P.N.L.A. Grays Harbor Log Market Prices, 1st
Quarter 1960.
LOGGING COSTS
1. LOGGING AND OVERHEAD COSTS:
A. Direct Logging Costs: 1. Falling & Bucking $4.34 2. Yarding
6.28 3. Loading 1.53
Sub-Total $12.15
B. Overhead Costs: 1. Overhead $3.00 2. Depreciation 1.19
Sub-Total $4.19
C. Contractual Costs: 1. Line Running $ .37 2. Fire Protection
.10
Sub-Total $ .47
TOTAL LOGGING COSTS $16.81
II. TRANSPORTATION COSTS:
A. Truck haul (40 miles) 1. Class A road (24 miles @.155) $3.72 2.
Class B road (16 miles @.22) 3.52 3. Base Rate 1.82
Sub-Total $9.06
Table not keyed, see original
#Factors used to adjust truck hauling costs from gross to net scale,
when computing hauling costs on the basis of the Washington State
Formula. Scaling defect and contractor's profit by species are as
follows:
Hemlock; 12% scaling defect; 8% profit
Spruce; 20% scaling defect; 10% profit
F. Appraised Value of Stumpage: S = v/1.op - c
.1 Western hemlock: S = $44.63/1.08 - $27.50 = $13.82 (rounded -
$13.85)
.2 Sitka spruce: S = $49.52/1.10 - $27.75 = $17.27 (rounded -
$17.30)
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to give an operator a margin for a reasonable
profit. Such factors as market conditions, type of timber, and the
demand for various species of timber have been considered in arriving at
the margin for profit and risk.
G. Indicated Stumpage Rate: (rounded to the nearest 5 cents) .1
Western hemlock $13.85 .2 Sitka spruce $17.30
H. Recent Market Data:
On 590804, sealed bids and oral auction bids were received for the
sale of timber on the Harry Shale Jr. Sale Unit. On 591110, sealed bids
and oral auction bids were received for the sale of timber on the Ward
Timber Sale Unit. On 591208, sealed bids and oral auction bids were
received for the sale of timber on the Salmon River Timber Sale Unit and
on 591215, sealed bids and oral auction bids were received for the sale
of timber on the Shale Timber Sale Unit. Bid prices for these sales
have been analysed to determine the indicated market value of the
timber. The following table shows the relationship of these sales to
the proposed sale:
Table not keyed, see original
These sales all had volumes of western redcedar, Pacific silver fir,
Douglas-fir and western white pine, which the proposed sale does not
have. The comparison of the percent of log grades of the timber on the
cited sales to the timber on the proposed sale is shown in the following
table:
"Table not keyed, see original"
An analysis of the timber on the Harry Shale Jr. Timber Sale, Ward
Timber Sale, Salmon River Timber Sale and the Shale Timber Sale, with
regard to quality, accessibility and marketing conditions as compared to
the subject timber is as follows:
"Table not keyed, see original"
I. Recommended Stumpage:
The indicated stumpage values will allow any reasonably efficient
operator a fair margin for profit and risk. Recent timber sales for the
Grays Harbor area indicate that purchasers are prepared to forego much
of the allowed profits on logging operations. The foregoing is true in
the case of the Harry Shale Jr. Sale, Ward Sale and the Shale Sale.
Bids for spruce show the greatest spread in prices. This variation
can, no doubt, be attributed to the fact that a local demand had
developed here on Grays Harbor for peelable spruce logs. In one case,
the purchaser was able to bid high because of his holding adjacent to
the sale, enabling him to amortize road building and logging costs on a
much larger volume than what was offered for sale.
Bids for hemlock on both the Harry Shale Jr. and the Ward Timber
Sales show a considerable increase over the appraised value. This
increase may have resulted because of the demand for logs by veneer and
pulp mills. In one case, the increase was due to the need of the
purchaser for timber to operate on through the winter.
After carefully analysing all of the factors attributable to the
value of stumpage, and based on the judgment of the appraiser, it is
recommended that the timber on the N. P. Trail No. 2 Timber Sale Unit be
advertised at not less than the following rates:
Recommended Stupmage Rates: Western hemlock $13.85 Sitks spruce
17.30
Value of Forest Products:
1. Glen Capoeman, Quin. 138 Western hemlock 34 @$13.85 $470.90 Sitka
spruce 560 @$17.30 9,688.00
Total 549 MBM $10,158.90
2, Horton Capoeman, quin. 10 Western hemlock 61 @$13.85 $844.85 Sitka
spruce 488 @$17.30 8,442.40
Total 549 M.M $9,287.25
3. Total Value (both allotments) Wstern hemlock 95 @$13.85 $5 Sitka
spruce 1,143 MBM $19,446.15
It is proposed to advertise for not less than thirty (30) days in the
Aberdeen Daily World, a daily newspaper, and by circular letters and
posters. Sale of the timber will be made under sealed bids, followed by
public auction.
Date: 600401
Date: 600609
Date: 600609
John W. Palmer, Forester
CONCUR: Sgd. John W. Libby Forest Manager
APPROVED: (Sgd) C. W. Ringey Superintendent
APPRAISAL SUMMARY
"Table not keyed, see original"
N.P. Trail No. 2 Logging Unit
map not keyed, see original
ALLOTMENT MAP OF THE QUINAIELT INDIAN RESERVATION, WASHINGTON.
map not keyed, see original
SCALING AGREEMENT NO, 6-60
AGREEMENT made this 601220, between NORMAN BARNES & CO., INC.
(hereinafter called "BARNES", with offices at Seattle, Washington, and
the Grays Harbor Log Scaling and Grading Bureau a non-profit corporation
organized under the laws of the State of Washington, (hereinafter called
the "Scaling Bureau") with offices at Aberdeen, Washington:
WHEREAS, BARNES may be party to contracts with the Superintendent of
the Western Washington Indian Agency, which contract is are hereinafter
referred to as the "Timber Contract", and under said Timber Contract,
BARNES has the right and obligation to cut and purchase certain timber
from the Quinault Indian Reservation, in the State of Washington, and,
WHEREAS, the payment for the timber cut and purchased by BARNES under
the Timber Contract is based on actual log scale of the timber cut and
is to be at fixed rates per thousand feet, board measure, Scribner
Decimal C log Scale for timber of the several species; and,
WHEREAS, Section 14 of the Timber Contract provides as follows:
14. IN LIEU OF THE SCALING PROCEDURE Stipulated in the Standard
Timber Contract Provisions, it is mutually agreed that logs cut under
this contract may be scaled by the Grays Harbor Log Scaling and Grading
Bureau hereinafter called the Scaling Bureau. Scaling by the Scaling
Bureau shall not be exclusive so as to prevent scaling by the Indian
Bureau of logs not delivered to the points of Scaling Bureau scaling.
The following general conditions shall apply to Scaling Bureau scaling:
(a) The Purchaser shall enter into an appropriate agreement with the
Scaling Bureau for the performance of all necessary scaling and
reporting services, and shall promptly submit to the Area Director
certified copies of such agreement in triplicate.
(b) The agreement shall provide for the prompt scaling of all logs
upon delivery to the points of scaling.
(c) The agreement shall provide such safeguards as the Area Director
may deem necessary to insure an accurate accounting of all logs
presented to the Scaling Bureau for scaling.
(d) The agreement shall provide for the prompt submission to the
Superintendent, or his representative, of certified copies of each and
every scale report. The scale report will show the species, volume,
grade and brand of each log scaled.
(e) The agreement shall provide that all scaling will be in
accordance with Scaling Bureau Log Scaling Rules.
(f) The Purchaser shall be responsible for the payment of all
services rendered by the Scaling Bureau under the agreement.
WHEREAS, the Scaling Bureau represents and warrants that it is
qualified and staffed with sufficient competent and qualified men to
perform the scaling and grading of logs as contemplated by this
agreement and by said timber contracts, and desires to perform the work
herein contemplated; and,
NOW THEREFORE, in consideration of the premises and of the mutual
agreements herein contained, the parties agree as follows:
1. The term of this agreement shall commence 601220 and shall
continue thereafter until terminated by either the Scaling Bureau or the
Area Director. Termination by the Scaling Bureau shall be by written
notice given by the Scaling Bureau to BARNES and to the Area Director or
his authorized representative at least thirty (30) days prior to the
date of termination specified in such notice. Termination by the Area
Director may be by written notice given by the Area Director to BARNES
not less than thirty (30) days prior to the effective date of
termination specified in such notice. Upon receipt of any such notice
from the Area Director, BARNES shall promptly inform the Scaling Bureau
in writing thereof.
2. The Scaling Bureau agrees to scale and grade all logs produced by
or for BARNES under the timber contracts which are delivered during the
terms of this agreement to the points designated by
BARNES, and approved by the Superintendent of Western Washington
Indian Agency, as points of scaling, and to scale all such material
promptly upon delivery of same to the place of scaling. The Scaling
Bureau shall have the right to scale hereunder only such of said logs as
are delivered to the aforesaid points designated for Scaling Bureau
scaling, it being understood that the scaling by the Scaling Bureau
shall not be exclusive so as to prevent scaling, in the manner
stipulated in the Standard/Timber Contract Provisions, of material that
is not delivered to the points of scaling. Points of scaling may be
changed and added to from time to time by BARNES, approved by the
Superintendent of the Western Washington Indian Agency, and by written
notice to the Scaling Bureau by BARNES. Customary method employed by
the Scaling Bureau for indicating completion of the scaling will be
accepted in lieu the numbering and stamping of logs stipulated in
Section 7(c) of the Standard Timber Contract Provisions.
3. All logs to be scaled by the Scaling Bureau hereunder shall be
branded by BARNES, or its contractors, at or prior to the time of
delivery of said logs to the points of scaling, with distinctive
registered log brands not used on logs produced from any other areas.
BARNES shall furnish the Scaling Bureau with a list of all such brands.
In case logs having no brands are intermingled with logs bearing said
brands and are delivered to the designated points of scaling for scaling
by the Scaling Bureau hereunder, the Scaling Bureau shall scale the
same, but shall make a record of the pieces, grades, and volumes, by
species, of said logs bearing no brands.
4. (a) The Scaling Bureau shall prepare, certify and transmit
promptly to the Superintendent a copy of each and every scale report
relating to all logs regardless of source, scaled by the Scaling Bureau
at the designated points of scaling, showing the species, volume, grade
and brand of each log scaled, and the number of pieces, and the Scaling
Bureau shall perform such additional acts and prepare such additional
instruments as the Area Director, or his authorized representative, may
deem necessary as safeguards to insure an accurate account to the
Superintendent of the Western Washington Indian Agency, of all logs that
are presented to the Scaling Bureau for scaling.
(b) The Scaling Bureau shall deliver two (2) copies to BARNES and one
(1) copy to the Superintendent of the Western Washington Indian Agency
promptly after the same are prepared of all scale reports and other
reports and documents required by this paragraph 4, to be prepared by
the Scaling Bureau.
(c) The Scaling Bureau shall retain in a safe place for at least
three (3) years all original talley sheets and tally books and all scale
records relating to logs scaled hereunder.
5. The Scaling Bureaus rules respecting scaling and grading and
merchantability shall apply and shall be employed in the scaling,
grading and determination of merchantability of logs presented to the
Scaling Bureau for scaling hereunder.
6. The price for which the Scaling Bureau agrees to perform this
agreement and which BARNES agrees to pay therefor shall be the Scaling
Bureau's established rates for scaling and grading of logs in effect at
the time such work is performed, plus such additional reimbursement for
reasonable travel expenses, if any, for the Scaling Bureau's men
performing work hereunder as BARNES and the Scaling Bureau shall have
first agreed to in writing; provided, that no such travel expense shall
be payable except in instances and circumstances for which such payments
are common and accepted practice in the industry. Payments shall be
guaranteed by BARNES in accordance with it's established practice.
7. All of the Scaling Bureau's books, records and memoranda
pertaining to this agreement and the work performed hereunder shall at
all reasonable times be available for inspection and duplication by
authorized representatives of the Superintendent of the Western
Washington Indian Agency and by representatives of BARNES.
8. BARNES and a representative of the Superintendent of the Western
Washington Indian Agency shall each have the right at any and all times
to make check scales of all logs scaled by the Scaling Bureau hereunder,
and the Scaling Bureau shall cooperate with the parties to that end.
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed by their duly authorized officers the day and year first above
written.
NORMAN BARNES & COMPANY, INC.
(Purchaser)
By: Norman Barnes
President
(Title)
ILLEGILGLE LOG SCALLING AND GRADING BUREAU
By: Mack L. Smith
Manager
We hereby certify that Scaling Agreement No. 5-60 made on 601220
between NORMAN BARNES & CO., INC. and the Grays Harbor Log Scaling and
Grading Bureau for scaling services on the Quinault Indian Reservation
is in full force and effect and logs will be scaled under this agreement
for contract(s) 14-20-0510-234 and 14-20-0510-235
NORMAN BARNES & COMPANY, INC.
Date: 601215 Norman Barnes President
Date: 601220 Mack L. Smith Grays Hbr. Log Scaling and Grading
Bureau.
It is mutually agreed that by special request by either of the
parties to the above contracts, that all logs of lesser dimension and
merchantability then stated in the Official Log Scaling and Grading
unless, that or presented for scaling, will be scaled for their
merchantable content, provided the length is not less than eight (8)
feet.
M.L.S.
N.B. by J.L.O.
RECEIVED
610117
Form 5-611
591000
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Allotment
Contract No. 14-20-0510-235
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
M.F. Trail No. 2 Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
8 of the Act of 100625 (25 U.S.C.) and in accordance with the
regulations contained in 25 CFR 141.
2. Parties to the Contract. The parties to this contract are Horton
Capeman, Quinault Allottee No. 10 hereinafter called the Seller, as
represented by the Superintendent of the Western Washington Indian
Agency and Norman Barnes and Company, Inc. of Seattle, Washington,
hereinafter called the Purchaser.
3. Bureau of Indian Affairs Representatives.
(a) Approving Officer. The Area Director, Portland, Oregan or his
authorized representative, is hereinafter called the Approving Officer.
(b) Superintendent. The Superintendent of the Western Washington
Indian Agency or his authorized representative, is hereinafter called
the Superintendent.
4. Timber Sold. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to buy, in accordance with the terms and conditions of
this contract and the attached Standard Timber Contract Provisions,
hereinafter called the Standard Provisions, which are made a part
hereof, all the merchantable timber, living or dead, designated for
cutting by the Bureau of Indian Affairs within the boundaries of this
logging unit.
5. Expiration Date. Unless this contract is extended in accordance
with Section 2(e) of the Standard Provisions, the Purchaser shall cut
and pay for all designated timber and shall complete all other
obligations on or before the contract expiration date of 611231.
6. Unit Description. This unit is located in Lot 4 Section 25
ILLEGIBLE Section 24, Township 22 North, Range 12 West, Willemette
Meridian, Washington and includes the following approximate area:
Table not keyed, see original
The unit boundaries are shown approximately on the map attached
hereto as Exhibit A and made a part hereof. The boundaries have been
marked on the ground by the Bureau of Indian Affairs unless otherwise
specified in Section 18.
7. Estimated Volumes.
(a) Designated Timber. The estimated volume of timber to be
designated for cutting is:
Table not keyed, see original
The foregoing is an estimate only and shall not be construed as a
guarantee or a limitation of the volume to be designated for cutting.
The actual volume of timber designated for cutting in accordance with
the terms of this contract and the Bureau's approved procedures shall be
controlling, regardless of whether it is more or less than the above
estimate.
(b) Additional timber. In addition to the timber specified above,
this sale also includes any other timber on the contract area which must
be cut or removed in clearing for roads, landings, camps and other
improvements constructed by the Purchaser and all other timber seriously
damaged in logging operations under this contract, if, in the opinion of
the Approving Officer, the timber is merchantable for any product in
accordance with customary standards and is present in sufficient
quantities to permit economic removal to existing markets.
8. Payment for Timber. The Purchaser shall pay for all timber
covered by this contract in accordance with the provisions of Section 4
of the Standard Provisions.
The minimum advance deposit shall be $2,000.00.
9. Stumpage Rates.
(a) Designated Timber. The stumpage rates to be paid during the life
of this contract for timber specified in Section 7(a) shall be the bid
rates shown below:
Table not keyed, see original
(b) Additional Timber. Timber of species and products not specified
in Section 9(a) above which may be cut pursuant to Section 7(b) shall be
paid for during the life of this contract at the appraised rates shown
below:
Table not keyed, see original.
10. Liquidated Damages for High Stumps. The following liquidated
damage rates shall be charged for stumps cut in excess of the maximum
height specified in Section 5 (b) of the Standard Provisions:
Table not keyed, see original
11. Merchantability. Trees, when designated for cutting, and
products cut from those trees, shall equal or exceed the following
minimum specifications:
Table not keyed, see original
All trees shall be utilized to as small a top diameter as
practicable. Log lengths shall be varied so as to secure the greatest
practicable utilization of merchantable material.
(a) Material below minimum merchantability. If forest products of
lesser dimensions than stated above under Product Specifications, are
cut and removed by the Purchaser, they shall be scaled by the Scaling
Bureau under special agreement for their merchantable content, provided
the length is not less than eight (8) feet.
12. Designating Timber for Cutting.
The entire area within the bound aries of the unit is designated for
clear cutting of all merchantable live and all of the merchantable dead
timber, standing or fallen, down to a minimum D.B.H. of 12". The
boundaries of the unit have been clearly marked with blazes and flagging
tape. Such boundaries have been determined after considering ownership,
topography, timber types and prevailing winds outside perimeter of area
to be cut. The objective is the harvest cutting of mature and
over-mature timber, the salvage of dead and down timber, and to provide
optimum conditions for natural regeneration.
13. Cutting Schedule.
(a) Minimum Annual Cut.
Not Applicable
14. Volume Determination.
(a) Designated Timber. In lieu of the sealing procedures stipulated
in Section 7(a) of the Standard Provisions, logs cut under this contract
shall be scaled by the Grays Harbor Log Scaling and Grading Bureau,
Aberdeen, Washington, hereinafter called the Scaling Bureau, in
accordance with the official Log Scaling and Grading Rules effective
540101, a copy of which is on file in the office of the Approving
Officer. Scaling by the Scaling Bureau shall not be exclusive so as to
prevent scaling by the Indian Bureau of logs not delivered to the points
of Scaling Bureau scaling. Scaling Bureau rules changed subsequent to
approval of this contract shall not be applicable until accpeted by the
Approving Officer.
14. Volume Determination (Cont.)
(b) SCALING OF LOGS. In lieu of scaling procedures stipulated in
Section 7(c) of the Standard Provision, all logs shall be scaled as
follows. Logs which are longer than the maximum scaling length shwon
below shall be scaled as two or more logs. Logs over-running the
trimming allowance shown below shall be scaled to the next standard
two-feet length.
Table not keyed, see original
(c) SCALING OF OTHER PRODUCTS. The scaled volume of material
presented for scaling in forms other than those stated in Section 11,
when appropriate, shall be converted into board feet, Scribner Decimal C
Log Scale, by the application of standard converting factors currently
in use by the Bureau of Indian Affairs.
(d) SCALE REPORTS. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(e) RESPONSIBILITY FOR BRANDING AND RECEIPTING FOR LOGS OR OTHER
PRODUCTS.
At each landing on the sale area, the purchaser shall brand all logs
as directed by the Officer in Charge, with a brand registered in/the
State of Washington, and shall secure from the truck driver of each load
of logs to be hauled, a signed receipt on forms to be furnished by the
Bureau of Indian Affairs. The stub portions of the truck receipts shall
be retained by the purchaser and turned in to the Officer in Charge as
he shall direct. The ticket portions of the receipts shall be given to
the truck driver who shall retain it in his possession at all times
while the logs are in transit as evidence of his authority to transport
Indian logs and he shall surrender said ticket portion at the point of
scaling or at the log dump as the case may be, as directed by the
Officer in Charge. When the ticker portion is to be surrendered at the
log dump, the purchaser will require the dump operator to sign the
ticket portion of the truck receipt as evidence that said load of logs
was delivered and to collect and mail said receipts to the Officer in
Charge.
(f) PAYMENT FOR LOST LOGS OR OTHER PRODUCTS. When scaling is
performed at locations other than on the sale area, the purchaser shall
be responsible for loss of logs from the time of removal from the sale
area until scaled, and lost logs shall be paid for at the contract
prices. Determination of volume and species for any such log losses
shall be made by applying the average net volume per log and percentage
species distribution for the entire volume of stumpage previously scaled
to the piece count for logs determined by the Officer in Charge to be
lost or missing.
Port. Area - West. Wash. Insert to Form 5-611
14. Volume Determination (Cont.)
(g) BUREAU SCALING. The following general conditions shall apply to
Scaling Bureau scaling:
(1) The purchaser shall enter into an appropriate agreement with the
Scaling Bureau for the performance of all necesary scaling and reporting
services, and shall promptly submit to the Area Director signed copies
of such agreement in duplicate.
(2) The agreement shall provide for the following:
Prompt scaling of all logs or other products at points of scaling
acceptable to the Scaling Bureau and the Bureau of Indian Affairs.
Safeguards as the Area Director may deem necessary to insure an
accurate accounting of all logs presented to the Scaling Bureau for
scaling.
The purchaser shall pay the Scaling Bureau for all services rendered
by it under the agreement.
Prompt submission to the Superintendent or his representative of
certified copies of each and every report showing species, volume, grade
and brand of each log scaled.
Special scaling of Indian logs as may be requested by the purchaser
to the extent of available facilities and manpower, and when such
requests for special scaling practices are not contrary to scaling
bureau policies.
Additional Timber.
None
15. Slash and Snag Disposal.
(a) Slash. Section 9(a) and 9(b) of the Standard Provisions shall
not apply.
(b) Snag. See Section 9(a) of the Standard Provisions.
16. Road Construction and Maintenance.
See Section 10 of the Standard Provisions.
17. Performance Bond. The Purchaser delivers herewith and agrees to
maintain a bond satisfactory to the Approving Officer in the sum of
$2,000.00 conditioned upon the faithful performance of all the terms of
this contract.
18. Special Provisions.
(a) The Purchaser will be required to relocate and mark allotment
corners and ownership lines. Bureau of Indian Affairs employees will
verify all line and corner locations established by the purchaser before
logging begins. The purchaser further agrees that he shall leave the
boundaries and corners of the sale area clearly marked at the completion
of this sale.
(See (b) below.)
(b) Where necessary, in the judgment of the Officer in Charge, for
the control of slash fires and the protection of seed trees on or
adjacent to the sale area, fire lines cut to mineral soil shall be
constructed as directed by the Officer in Charge and insofar as is
practical, shall be constructed by tractor with bulldozer attachment.
On and adjacent to the fire line, all dead trees and stubs shall be
felled and all inflammable material, including slash, reproduction and
debris shall be disposed of as directed by the Officer in Charge.
(c) By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands and is authorized to act for the Bureau in
such matters.
(b) Where necessary, in the judgment of the Officer in Charge, for
the control of slash fires and the protection of seed trees on or
adjacent to the sale area, fire lines cut to mineral soil shall be
constructed by the purchaser. Such fire lines shall be located and
constructed as directed by the officer in charge and insofar so
practical shall be constructed by tractor with bulldozer attachment. On
and adjacent to the fire line, all dead trees and stubs shall be failed
and all inflammable material, including slash, reproduction and debris
shall be disposed of as directed by the officer in charge.
19. Effective Date. This contract shall become effective on the
date of approval by the Approving Officer.
Signed and Sealed in sextuplet as of 600501
PURCHASER
Witnesses: H. L. Brettell 1641 168th SE Billeverum Gerald A. Nek
8406 So 112th St Seathe Nash NORMAN BARNES AND COMPANY, INC.
By Norman Barnes Pres.
SELLER Illegible Superintendent
Signed for the pursuant to Resolution No. passed by its tribal
governing body in a meeting held at
on 19
APPROVING OFFICER
subject to the conditions specified in my letter of 600212. Approved
601202 Name Illegible Title Assistant Area Director
If Purchaser is a corporation, the following certificate must be
executed:
I, A. M. Barnes, certify that I am the Secretary of the corporation
named as the Purchaser herein; that Norman Barnes, who signed this
contract was then President of said corporation; that said contract was
duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
A. M. Barnes
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISIONS
The following Standard Timber Contract Provisions are hereby
prescribed for use in contracts for the sale of timber from Indian lands
except as otherwise provided by the Secretary of the Interior or his
authorized representative in particular sales.
1. Definitions. As used in these provisions and in the contract to
which they are attached:
1(a) "Approving Officer" means the officer approving the contract or
his authorized representative.
1(b) "Commissioner" means the Commissioner of Indian Affairs or his
authorized representative.
1(c) "Area Director" means the Area Director of the Bureau of Indian
Affairs Area within which the sale area is located, or his authorized
representative.
1(d) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the sale area, or
his authorized representative.
1(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the sale area.
1(f) "Seller" means the Indian tribe or the individual owner or
owners of the timber sold under the contract.
1(g) "Purchaser" means the purchaser of timber under the contract and
his successors in interest.
2. General Conditions.
2(a) Title and Risk of Loss. Title to the timber covered by the
contract shall not pass to the Purchaser until it has been paid for and
cut, except that in single payment sales based on tree measurement or
other estimate of total volume obtained prior to the sale, the title to
timber shall pass to the Purchaser when the sale contract has been
approved by the Approving Officer and the timber has been paid for.
Passage of title to the Purchaser shall not affect the Bureau of Indian
Affairs' right to control the movement of timber until the volume has
been determined. In the event any timber covered by the contract is
destroyed or damaged by fire, wind, flood, insects, diseases or other
cause to the extent that it is unmerchantable, the party holding title
to the timber shall bear the loss except as otherwise provided in
Section 11(e) herein with respect to Purchaser fires as defined in
Section 11(d) herein, and there shall be no obligation on the part of
the Bureau of Indian Affairs to designate, or on the part of the
Purchaser to accept and pay for, other timber in lieu of that destroyed
or damaged. If timber or products which have been paid for under this
contract are not removed from the sale area on or before the expiration
date of the contract, title shall revert to the Seller. Nothing in this
paragraph shall be construed to relieve either party of liability for
negligence.
2(b) Interpretation of Contract. The decision of the Approving
Officer shall prevail in the interpretation of the contract, subject to
the right of appeal prescribed in Section 2(j) herein.
2(c) Modification. The conditions of sale as set forth in the
contract may be modified only through an agreement in writing between
the Seller and the Purchaser. No modification shall become effective
until approved by the Approving Officer. When a surety bond has been
furnished by the Purchaser, he must, prior to approval of the
modification, either obtain a commitment from the surety to continue the
bond under the modification or furnish a new bond.
2(d) Assignment of Interest. The assignment by the Purchaser of any
or all of his interest under the contract shall not affect any of the
obligations of the parties or the Secretary under the contract until the
assignment has been approved by the Approving Officer after consultation
with the Seller. The party to whom an interest is assigned must provide
a bond as specified in the contract or obtain a commitment from the
previous surety to be bound by the assignment when approved. The
approval of an assignment by the Approving Officer shall not operate to
change the provisions of the contract. Unless otherwise provided for
therein, an assignment shall not relieve the assignor of any of the
responsibilities and liabilities under the contract.
2(e) Extension of time. An extension of time for the performance of
the contract may be granted to the Purchaser by the Approving Officer,
for reasons satisfactory to the Approving Officer, after consultation
with the Seller. Extensions of time shall be subject to such conditions
as the Approving Officer may impose. When a surety bond has been
furnished by the Purchaser, he must prior to any such extension, either
obtain a commitment from the surety to continue the bond during the
extension or he must furnish a new bond. Requests for extension of time
may be considered only if submitted in writing by the Purchaser to the
Superintendent prior to the expiration date of the contract.
2(f) Suspension of Operations. The Superintendent may, after written
notice to the Purchaser, suspend any or all of the Purchaser's
operations under the contract if the Purchaser violates any of the
requirements of the contract. Such suspension of operations may be
continued by the Superintendent until there is satisfactory compliance.
After written notice from the Approving Officer, continued failure to
comply with any of the requirements of the contract shall be grounds for
the revocation by the Approving Officer of all rights of the Purchaser
under the contract and the Purchaser shall be liable for all damages
resulting from his breach of contract as described in the following
section.
2(g) Failure to Complete Contract. In the event of failure to
complete all obligations assumed under the contract, the Purchaser shall
be liable for the depreciation in the value of the remaining timber and
for any costs or expenses incurred by or caused to the Seller or the
Government as a result of such failure, in an amount to be determined by
the Approving Officer.
2(h) Termination of Contract. The contract may be terminated at any
time by written agreement between the Seller and the Purchaser.
Termination agreements shall not become effective until approved by the
Approving Officer.
2(i) Disputes. Either of the parties to the contract may submit
complaints of any action or decision under the contract by the
Superintendent or the Officer in Charge in accordance with the following
procedure. Complaints shall be made in writing to the Superintendent.
If the Superintendent is not the Approving Officer of the contract and
the dispute is not resolved to the satisfaction of the parties, a
written complaint may then be submitted to the Area Director. If the
Area Director is not the Approving Officer and his decision is not
satisfactory to the parties, a complaint may be submitted in writing to
the Commissioner. Complaints shall be made within 30 days of the action
or decision in dispute unless the party making the complaint furnishes
reasons satisfactory to the officer receiving the complaint for granting
a longer period of time, in which case the officer may extend the period
for such length of time as he deems reasonable. Decisions of the
Approving Officer may be appealed to the Secretary in accordance with
the provisions of the following section.
2(j) Appeals. The parties to this contract may appeal, in accordance
with such rules and regulations as the Secretary of the Interior may
from time to time prescribe, any action or decision taken by the
Approving Officer or his superior officers. The decision of the
Secretary shall be final subject to lawful judicial remedies.
2(k) Bureau of Indian Affairs Representative. Notices, requests or
other action where formal written notice is required herein, or is
appropriate, shall be accepted for the Bureau of Indian Affairs by the
Superintendent.
3. Timber To Be Reserved. No timber may be cut except that which is
designated by the Officer in Charge. A strip of timber on each side of
streams, roads and trails, along lake shores, in the vicinity of camping
places and recreational or ceremonial grounds, and timber in immature
stands or other areas which should not be disturbed because of
silvicultural, watershed protection or other reasons, may be reserved in
which little or no cutting shall be allowed.
4. Payments and Deposits.
4(a) Method of Payment. The Purchaser shall pay for the timber
covered by the contract in advance of cutting, as a single payment or
installment payments in sales of predetermined volumes or in the form of
advance payments or advance deposits in sales of estimated volumes.
Payment shall be by certified check, cashier's check, bank draft or
postal money order, drawn payable to the Bureau of Indian Affairs, or in
cash. All payments shall be transmitted to the Superintendent.
4(b) Advance Payments on Allotment Timber. Advance payments are
partial payments of the estimated value of timber to be cut on each
allotment and are required in all sales of allotment timber unless the
full purchase price is paid before the contract is approved. Advance
payments maybe paid to the allotment owner as soon as received and are
not refundable. Such payments shall be credited against the allotment
timber as it is cut and scaled, at the stumpage rates in effect at the
time of scaling. The Purchaser shall pay 15 percent of the estimated
value of the timber to be cut, computed at the bid rates, within 30 days
from the date of approval of each allotment contract and before cutting
begins. The Purchaser shall make additional advance payments of 15
percent of the estimated value within three years and 20 percent within
six years, if the contract extends beyond those periods. Advance
deposits previously applied against timber cut on the allotment shall be
included in computing the payments. The Approving Officer may, in his
discretion, reduce the original estimate of the volume of timber to be
cut on any allotment because of error of estimate, losses from fire or
other causes, or for similar reasons, but not because of depletion from
cutting. If the advance payments on any allotment exceed the total
value of the timber cut on that allotment by the Purchaser, the amount
of the advance payments shall be declared to be the value of the timber
so cut.
4(c) Advance Deposits. Advance deposits are used in sales of
estimated volumes to maintain an operating balance against which the
value of the timber to be cut from either tribal or allotted lands will
be charged. The unobligated balance of advance deposits may be refunded
pursuant to Section 4(c) (3) herein. The Purchaser shall make advance
deposits in such amounts and at such times as called for by the
Superintendent. The amount of any advance deposit shall not be less
than the minimum amount specified in the contract, except as provided in
Section 4(c) (2) herein. The Purchaser shall not be required to provide
an advance deposit balance at any time of more than three times the
amount of the minimum advance deposit specified in the contract. The
estimated value of timber cut but not yet scaled shall be deducted from
the advance deposits then in the hands of the Superintendent in
computing the advance deposit balance. Advance deposits shall be
applied to timber cut from tribal lands and shall be applied to
allotment timber only after the advance payments on the allotment being
cut have been exhausted. Advance payments on alllotment timber shall
not operate to reduce the size of the advance deposits that may be
required by the Superintendent.
(1) Suspension of Operations. If advance deposits are not received
within 15 days of written request therefor, or if any time the balance
of advance deposits is reduced to one-third of the required minimum
advance deposit, the Superintendent may suspend all or any part of the
operations until the requested advance deposit is received. (2)
Reduction of Advance Deposits. The Superintendent may reduce the
minimum size of the last advance deposit before completion of the sale
or before periods of approximately three months or longer during which
no timber cutting is anticipated.
(3) Refund of Advance Deposits. If the balance of advance deposits
at the time cutting operations are suspended for approximately three
months or longer is in excess of one-third of the minimum advance
deposit specified in the contract, such excess may be refunded at the
request of the Purchaser and in the discretion of the Superintendent.
However, no refund shall be made if an unexcused deficiency in minimum
cutting requirements exists. Final refund of the total unobligated
balance of advance deposits shall be authorized by the Approving Officer
after all the terms of the contract have been satisfactorily completed.
5. Utilization.
5(a) Sales of Estimated Volumes. In sales in which the volume of
timber is to be determined by measurement of cut products, timber shall
be cut to utilize fully the merchantable material and to yield the
maximum stumpage value. Timber cut into lengths or products of lesser
value shall be scaled as if cut to yield the maximum value of products
covered by the contract. Stumps shall be cut as low as practicable to
avoid waste. The mean height of any stump shall not exceed one-half of
its diameter, except that where this height is considered to be
impracticable higher stumps may be authorized by the Officer in Charge.
Stumps which exceed the maximum height shall be paid for by the
Purchaser at the rates per stump specified in the contract, which
charges, in view of the difficulty of determining the actual damage to
the Seller, shall be regarded as fixed, agreed and liquidated damages.
In addition, the Officer in Charge may require the Purchaser to recut
such stumps to the maximum allowable height.
5(b) Sales of Predetermined Volumes. In sales in which the volume of
timber sold was determined prior to the sale, the Officer in Charge may
require the Purchaser to recut stumps which exceed the maximum height as
defined in Section 5(a). In these sales, the Purchaser is expected to
practice full utilization but no charge shall be made for poor
utilization of timber represented by the predetermined volumes.
6. Cutting Schedule. In sales of estimated volumes, if the actual
volume of timber designated for cutting exceeds the estimated volume
shown in the contract by such an amount that the contract limitation on
the maximum annual cut prevents the Purchaser from cutting all
designated timber prior to the date specified in the contract, the
Approving Officer, after consultation with the Purchaser and the Seller,
shall in his discretion, either increase the maximum annual cut or
extend the contract or both, subject to such conditions as he deems most
equitable to both parties.
6(a) Minimum Volume. The minimum volume required by the contract
shall be cut and paid for each year from the sale area. During the last
calendar year of the contract, the actual volume of timber designated
for cutting shall be controlling if less than the minimum volume
required.
(1) Relief from Minimum Requirements. The Approving Officer, at the
request of the Purchaser and after consultation with the Seller, may
relieve the Purchaser in whole or in part from the minimum annual
cutting and paying requirements when, in the opinion of the Approving
Officer, the Purchaser is prevented by factors beyond his control from
meeting the minimum cutting requirements or when such relief is in the
best interest of the Seller.
(2) Payment for Deficiencies. If the Purchaser fails to meet the
minimum cutting requirements and no relief is granted, the volume of
timber scaled during the following calendar year shall not be applied to
the minimum requirements for that year until the existing deficiency has
been made up. All timber scaled during each quarter-annual period
beginning 000101, 000401, 000701 and 001001 in which a deficiency exists
shall be paid for at the stumpage rates in effect on 001231 of the year
in which the deficiency occurred or at the rates in effect at the time
of scaling, whichever are the higher.
6(b) Maximum Volume. The volume of timber cut on the sale area
during any calendar year, not including the cutting deficiencies from
any previous year or years or the volume of timber salvaged pursuant to
Section 6(c) herein, shall not exceed the maximum volume specified in
the contract without the consent of the Approving Officer after
consultation with the Seller. Logging performance in any calendar year
beyond the minimum required therefor shall not be applied against the
cutting requirements of subsequent calendar years unless authorized by
the Approving Officer after consultation with the Seller.
6(c) Salvage of Damaged Timber. As used in this section, "Damaged
timber" shall include any timber within the unit of the species and
minimum merchantability specified in the contract which is damaged but
not rendered unmerchantable by insects, disease, windthrow or
non-Purchaser fires subsequent to the date the contract is approved. In
contracts for the sale of predetermined volumes in which minimum
merchantability standards are not specified, merchantability shall be
determined in accordance with customary standards. The Purchaser shall
cut and pay for damaged timber as expeditiously as possible and as the
Approving Officer may direct. If, in the opinion of the Approving
Officer, additional salvage operations are necessary to prevent losses
to the Indian owners, he may offer all or part of the damaged timber for
sale under one or more separate contracts.
7. Volume Determination. The term "scaling," as used in these
Provisions, may include scaling by log rule, measuring, counting,
weighing, tree measurement before felling or any other reasonable method
prescribed by the Approving Officer.
7(a) Bureau of Indian Affairs To Scale. All timber covered by the
contract shall be scaled by authorized employees of the Bureau of Indian
Affairs.
7(b) Convenience in Scaling. The Purchaser shall roll out, deck or
otherwise present products in a manner suitable for economical scaling
as the Officer in Charge may reasonably direct. The points at which
products shall be presented for scaling shall be designated by the
Officer in Charge and may include the place where cut, a landing or
point of shipment, or other points. Products shall not be moved from
the designated scaling point until they have been scaled, and until they
have been stamped, numbered or otherwise released by the Officer in
Charge. Products that are moved contrary to the instructions of the
Officer in Charge shall be paid for by the Purchaser at double the
contract stumpage rates. The Officer in Charge may require that
products be decked, stacked or otherwise held for scaling when the
average daily volume produced is too small to permit economical scaling.
7(c) Scaling Logs. The Scribner Decimal C log rule shall be used in
scaling all logs. The log rule shall be read to the nearest inch on the
average diameter inside bark at the small end of the log. The maximum
scaling length of a single log shall be 16 feet. All logs exceeding the
maximum scaling length shall be scaled as two or more logs. The
following allowance shall be made for trimming:
Table not keyed, see original Logs overrunning the trim allowance
shall be scaled to the next standard one-foot length. Deductions shall
be made from the gross volume for rot, shake, hollow, check, sweep,
crook or other visible defects, but no deduction shall be made for blue
stain when not accompanied by other evidence of deterioration or for any
defect or damage due to the carelessness of the Purchaser. Products
presented for scaling in other than sawlog form shall be scaled as
provided in the contract.
7(d) Unmerchantable Material. Material which is more defective than
the minimum merchantable percentage and material smaller than the
minimum merchantable size, as specified in the contract, shall be culled
if left in the woods, but any such material that is taken for
manufacture or sale shall be scaled for its actual sound contents.
7(e) Scaling Waste Material. Waste in long butts, tops, broken and
partially sound logs, in other products, and in all trees designated for
cutting which are not cut or which are left felled, lodged or badly
damaged by the logging operations shall be paid for by the Purchaser at
the contract stumpage rates, except that no additional charge shall be
made for such waste material in trees the volume of which was determined
prior to the sale. The Purchaser may be required to pay at double the
contract stumpage rates for merchantable timber not designated for
cutting which is cut or seriously injured through carelessness. If
timber is injured to the extent that, in the opinion of the Officer in
Charge, it will constitute a hazard to residual trees if not removed,
the Purchaser may be required to remove such timber. Any waste material
which is paid for shall become the property of the Purchaser and may be
removed from the sale area at any time prior to the expiration date of
the contract.
7(f) Marking Products. When a separate record of the volume of
timber cut from allotments or other areas is required by the Bureau of
Indian Affairs, the Purchaser shall mark all unscaled products with
distinctive brands, as directed by the Officer in Charge, to permit
positive identification of the products with the land from which they
were cut.
7(g) Scale Reports. A copy of each 10-day scale report showing the
number of pieces and the volume and value of all products scaled under
the contract during the reporting period shall be furnished to the
Purchaser by the Superintendent. A copy of each Report of Timber Cut
showing the volume and value of timber scaled and the balances in
advance payments and advance deposits shall be furnished to the
Purchaser.
7(h) Purchaser's Check Scale. The Purchaser may arrange with the
Bureau of Indian Affairs scaler, through the Officer in Charge, for a
check scaler employed by the Purchaser to compare his scale with that of
the Bureau of Indian Affairs scaler, at hours convenient to the Officer
in Charge.
8. Logging Requirements.
8(a) Logging Plans. The Approving Officer may require the Purchaser
to present seasonal plans of logging operations for approval before
operations begin. When a logging plan has been approved there shall be
no substantial departure from it without the written consent of the
officer who approved the plan. The areas to be logged in any season may
be designated by the Approving Officer when, in his judgment, such
action is necessary to prevent deterioration of timber from fire,
insects, disease or other cause, or to insure that the sale area is
logged in such a manner as to protect fully the interests of the Seller
and the Government. The Officer in Charge may require the Purchaser to
complete logging operations begun on an allotment or on a natural
topographic unit before operations are moved to another part of the sale
area.
8(b) Logging Methods. The Purchaser's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
8(c) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the sale area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
8(d) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Purchaser may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Purchaser, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
9. Slash and Snags.
9(a) Treatment of Slash. The treatment of slash shall be
accomplished by the Purchaser concurrently with other phases of logging
operations. Slash shall mean limbs, tops, damaged young growth and
other material up to 4 inches in diameter resulting from logging, road
construction or other operations by the Purchaser.
9(b) Burning Slash. The Purchaser shall lop and pile all slash
compactly for burning. Slash piles shall be placed a sufficient
distance from reserved trees and reproduction to prevent unnecessary
damage in burning. The Purchaser shall burn slash in such a manner and
at such times as the Officer in Charge may direct. Whenever the
Purchaser allows fire to run through slash, except in compliance with
the instructions of the Officer in Charge, the Purchaser may be required
to lop and scatter or repile and reburn the slash. The Purchaser shall
make every reasonable effort to control and suppress all fires which may
spread from his slash burning operations, but he shall not be held
liable for damages caused by slash burning operations conducted in
compliance with the instructions of the Officer in Charge unless such
damages are due to the Purchaser's carelessness or negligence in the
execution of instructions. The Purchaser may be reimbursed for his
costs in suppressing slash fires not due to his carelessness or neglect.
9(c) Snag Felling. The Purchaser shall fell all unmerchantable dead
trees, within the area cutover, which are 14 inches or more in diameter
at breast height and 16 feet or more in total height. Snag felling
shall be completed in each part of the sale area as soon as practicable
after skidding and before the slash is burned, if burning is required.
The Purchaser may be relieved of snag felling requirements on
specifically designated areas by the Superintendent at the request of
the tribal governing body on unallotted lands or at the request of the
Indian owners on allotted lands.
10. Transportation Facilities.
10(a) Authorization. The Purchaser is authorized to construct and
maintain on the contracted area and on other unallotted Indian lands
such roads, bridges and other transportation facilities as are necessary
for logging operations under the contract, subject to applicable
regulations and such conditions as the Approving Officer may impose.
Construction of transportation facilities shall not convey the right of
exclusive use to the Purchaser. In these Provisions, "construction"
shall also include reconstruction.
10(b) Road Construction. The location and design of all roads to
constructed by the Purchaser shall minimize damage to Indian lands. The
Approving Officer may, before construction begins, require approval of
road locations and design by inspection or through the submission of
plans and specifications for the location and design of roads and
appurtenant structures.
10(c) Road Maintenance. All roads and trials which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Purchaser's operations.
(1) Existing Bureau of Indian Affairs Roads. Bureau of Indian
Affairs roads are open to public use but may be closed for reasons of
public safety, fire prevention or suppression, fish and game protection
or to prevent damage to unstable roadbeds. During any period in which
the Purchaser uses existing Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Purchaser and the Superintendent. In the event of
disagreement, the determination shall be made by the Superintendent.
(2) Roads Constructed by Purchaser. Main roads which are constructed
by the Purchaser and which are designated by the Approving Officer as
roads that will be used as principal access for subsequent
administration, management or protection of Indian timber shall be
maintained by the Purchaser to prevent deterioration in periods of
non-use during the life of the contract. Required maintenance may
include blading the surface to remove ruts and other obstructions to
surface drainage, cleaning drainage ditches, cleaning and repairing
drainage structures or other action prescribed by the Officer in Charge.
Similar maintenance may be required on such designated roads prior to
abandonment.
10(d) Use by Other Parties. Roads constructed by the Purchaser under
authority of the contract or on rights-of-way held by the Bureau of
Indian Affairs may be used by other parties as authorized by the
Approving Officer, provided that, in the opinion of the Approving
Officer, the use by other parties will not cause unreasonable
interference with the operations of the Purchaser. Such other parties
shall provide improvements and maintenance to the roads as may be
reasonable and equitable to prevent appreciable increases in the
Purchaser's costs of operation as a result of joint use. The extent of
such obligations shall be agreed upon by the parties concerned, subject
to a final determination by the Approving Officer if the parties
disagree.
10(e) Improvements. All bridges, drainage structures, cattle guards
or other improvements installed on any road by the Purchaser shall be
left intact at the completion of logging operations, unless the removal
of such improvements is authorized or required by the Approving Officer.
11. Fire Prevention and Suppression.
11(a) Fire Plans. When requested by the Approving Officer, the
Purchaser shall prepare, in cooperation with the Officer in Charge, a
plan for the prevention and suppression of fires on the sale area for
the approval of the Approving Officer. The plan shall fully reflect the
Purchaser's fire protection obligations under the contract. Neither the
approval of the plan nor anything contained therein shall relieve the
Purchaser from any responsibility under the terms of the contract.
11(b) Fire Precautions. The Purchaser shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Approving Officer to meet the fire
protection requirements of the contract and the existing fire danger.
The requirements shall not be less than are required under the laws of
the State in which the sale area is located.
11(c) Fire Suppression. The Purchaser shall take immediate and
independent initial fire suppression action on all fires on the sale
area and shall use all necessary manpower and equipment at his disposal,
including the employees and equipment of his subcontractors engaged on
or near the sale area in construction or in logging, removing or
processing timber. When called upon by the Officer in Charge, the
Purchaser shall make available any or all of his manpower and equipment,
including that of his subcontractors, for hire by the Bureau of Indian
Affairs and to work under the direction of any authorized employee of
the Bureau of Indian Affairs in the suppression of any fire or
threatening Indian lands.
11(d) Fire Suppression Costs.
(1) Purchaser fires. If the Purchaser, his employees, his
subcontractors or their employees, are responsible by act or neglect for
the origin or spread of a fire, hereinafter called a Purchaser fire, the
Purchaser shall pay all the costs of fire suppression, including those
incurred by the Bureau of Indian Affairs.
(2) Non-Purchaser Fires. Fires for which the Purchaser or his
employees, his subcontractors or their employees, are in no way
responsible by act or neglect are hereinafter called non-Purchaser
fires. The Purchaser's cost of suppressing such fires shall be computed
at rates established by the Bureau of Indian Affairs.
On the sale area the Purchaser shall pay one-half of the total
suppression costs of non-Purchaser fires, provided that the Purchaser's
obligation shall be limited in any calendar year to a maximum of one
percent of the total estimated value of the timber covered by the
contract computed at the estimated volumes and the bid rates shown in
the contract. In the event that other sales are made within the sale
area in accordance with Section 13(a) herein, the Purchasers shall share
the obligation to pay one-half of the total suppression costs of
non-Purchaser fires according to the relationship of the total estimated
value of the timber covered by each contract to the total estimated
value of the timber covered by all of the contracts. However, if a fire
is determined to be a Purchaser fire with respect to one of the
Purchasers, he shall be liable for all of the suppression costs of other
Purchasers on the sale area.
Outside the sale area, the Purchaser shall be reimbursed for all of
his costs in suppressing non-Purchaser fires.
The provisions of this section shall not be construed as relieving
the Purchaser of fire suppression costs for which he is otherwise liable
under State law.
11(e) Liability for Fire Damage. The Purchaser shall pay for all
damages caused by a Purchaser fire to timber or any other property of
the Indians or the Government in an amount to be determined by the
Approving Officer. The Purchaser's liability for losses sustained by
the Indians or the Government from non-Purchaser fires shall be in
accordance with the provisions of Section 6(c) herein.
12. Improvements.
12(a) Existing Improvements. The Purchaser may be given permission
to use existing improvements which are already on lands covered by the
contract and which are necessary for his logging operations under the
contract, subject to applicable regulations and such conditions as the
Approving Officer may impose. All telephone lines, fences, roads,
trails and other improvements shall be protected as far as possible in
all phases of the Purchaser's operations and, whenever they are damaged,
the Purchaser may be required to repair them promptly to as good
condition as before the damage.
12(b) Damage to Land and Other Property. Damage to land or other
property of the Indians or the Government which cannot be repaired shall
be paid for by the Purchaser in an amount to be determined by the
Approving Officer. In determining the amount of such damages, the
Approving Officer shall consider the value of any permanent improvements
made to the land by the Purchaser.
12(c) Construction of Improvements. The Purchaser, with the approval
of the Approving Officer and subject to such conditions as he may impose
and to applicable regulations, may construct on lands covered by the
contract such improvements as are necessary for his operations under the
contract.
12(d) Use of Timber. Fuelwood and improvements shall be made as far
as practicable from unmerchantable timber and such material shall not be
charged to the Purchaser. The use of any material not covered by the
contract from Indian lands may be restricted by the Approving Officer.
12(e) Removal of Property. The Purchaser shall remove all of his
improvements and other property within six months from the expiration
date of the contract except for improvements installed on roads as
provided in Section 10(e) herein or unless he is authorized by the
Approving Officer to leave such improvements. After that time, the
title to all improvements and to other property shall attach to the
land.
12(f) Sanitation. All improvements constructed or used by the
Purchaser on lands belonging to the Indians or the Government, such as
camps, mills and other structures, and the grounds adjacent thereto,
shall be maintained in a clean and sanitary condition. Rubbish shall be
removed and properly buried or burned during the occupancy of such
structures. Upon the abandonment or removal of improvements, the sites
shall be thoroughly cleaned up and all rubbish and debris shall be
disposed of.
13. Other Conditions.
13(a) Other Sales Within Sale Area.
(1) Salvage Sales of Minor Volumes. Separate salvage sales of minor
volumes of timber covered by the contract may be made when the Approving
Officer and the Purchaser agree in writing that the scattered location
of single trees or small groups of trees to be salvaged cannot
reasonably be removed in the Purchaser's operations.
(2) Other Material. Other sales may be made within the sale area of
material not included in the terms of the Purchaser's contract, provided
such sales will not, in the judgment of the Approving Officer, cause
unreasonable interference with operations of the Purchaser. Other
Purchaser may be required to provide improvements to
Purchaser-constructed roads in accordance with Section 10(d) herein.
13(b) Rights-of-Way. Rights-of-way may be granted to other parties
through any portion of this sale area during the life of the contract
provided such rights-of-way will not, in the judgment of the Approving
Officer, cause unreasonable interference with the operations of the
Purchaser.
13(c) Bureau of Indian Affairs Services. The Bureau of Indian
Affairs will furnish scaling, marking and other services within a basic
workweek of 8 hours per day for 5 days per week, exclusive of Sundays
and Government holidays, unless additional services are requested by the
Purchaser and approved by the Superintendent. The Purchaser shall pay
for additional services as required by the Act of 560730 (25 U.S.C.
407d).
13(d) Purchaser and Bureau of Indian Affairs Representatives on Sale
Area. At all times when construction or logging operations are in
progress, the Purchaser shall have a representative readily available in
the area of such operations who shall be authorized to receive in behalf
of the Purchaser any notices or instructions from the Officer in Charge
or other authorized representative of the Bureau of Indian Affairs in
regard to performance under the contract and to take such action thereon
as is required by the terms of the contract. Written designation of the
representative may be required by the Superintendent. At the request of
the Purchaser, the Superintendent shall designated in writing the name
of the Bureau of Indian Affairs representative who shall supervise
operations under the contract.
13(e) New Bond. Whenever any bond furnished to guarantee obligations
under the contract shall be unsatisfactory to the Approving Officer he
may require the Purchaser to furnish a new bond which shall be
satisfactory to the Approving Officer.
13(f) Indian Labor. The Purchaser shall employ Indian labor at the
same wages as other labor and in preference to other labor not already
in his employ whenever Indian labor seeks employment and is competent.
13(g) Financial Statements. At the close of each year used by the
Purchaser as a basis for his records, and no later than the date
specified by the Approving Officer, the Purchaser shall submit to the
Superintendent three copies each of a balance sheet, profit and loss
statement and detailed statement of operating costs and sales. The
statements shall be of a form satisfactory to the Commissioner, and
shall be certified by a certified public accountant and the Purchaser.
In addition to or in lieu of the statements by the Purchaser, the
Commissioner in his discretion may require the Purchaser to submit such
certified statements for his divisions and subsidiaries (wholly owned or
controlled) or his subcontractors which are engaged in operations under
the contract or in the manufacture or sale of products produced
thereunder. The statements shall be considered as confidential material
and shall be available only to Government employees whose official
duties require access to the information therein.
13(h) Purchaser's Records. Records pertaining to the logging,
manufacture and sale of material covered by the contract by the
Purchaser, his divisions and subsidiaries (wholly owned or controlled)
and his subcontractors, and such other records as it may be necessary to
review to confirm the statements submitted by the Purchaser, shall be
open to inspection at any reasonable time by the Commissioner, Bureau of
Indian Affairs, or the Approving Officer or any officer designated by
them for the purpose of obtaining information of the type used by the
Bureau of Indian Affairs in stumpage appraisals and adjustments. The
information so obtained shall be regarded as confidential and shall be
available only to Government employees whose official duties require
access to it. The right of inspection shall extend for a reasonable
time beyond the period of the contract to provide the Bureau of Indian
Affairs an opportunity to obtain relevant information for the full
contract period.
13(i) Maintenance of Order. The Purchaser shall comply with all laws
and regulations relating to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors.
13(j) Officials not to Benefit. No Member of, or Delegate to,
Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom unless
it is made with a corporation for its general benefit.
SALE OF TIMBER QUINAULT INDIAN RESERVATION
ORAL AUCTION BIDS will be received by the Superintendent, Western
Washington Indian Agency, or his authorized representative at Hoquiam
City Hall Building, Hoquiam, Washington, beginning at 2:00 P.M., Pacific
Standard Time, 600927, for the purchase of timber on a tract within the
Quinault Indian Reservation designated as the "N. P. Trial No. 2 Timber
Sale Unit", more specifically described as that portion of the Horton
Capoeman Allotment No. 10 described as Lot 4 of Section 25 and the SW1/4
SW1/4 of Section 24, containing 93 acres; and that portion of the Glen
Capoeman Allotment No. 138, described as Lot 3, Section 25, containing
58 acres, all of which lies in Township 22 North, Range 12 West,
Willamette Meridian, Washington, containing a total net acreage to be
cut of 151 acres, situated at the north end of Aloha's Upper Bridge.
This unit includes an estimated stand to be cut of approximately 95,000
board feet of western hemlock and 1,048,000 board feet of Sitka spruce,
which estimates are not guaranteed. A separate contract will be
executed for each allotment on the sale unit. Each bidder must state
the price per thousand feet, B.M., Scribner Decimal C Log Scale that
will be paid for timber cut and no bid will be considered for less than
$17.30 per M feet, B.M., for Sitka spruce and $13.85 per M feet, B.M.
for western hemlock and other species. To qualify for oral bidding, all
bidders must submit a sealed bid, in duplicate, on forms provided
therefor, marked outside, "Bid, N. P. Trail No. 2 Timber Sale Unit",
addressed to the Superintendent, Western Washington Indian Sub-Agency,
Hoquiam, Washington, prior to 2:00 P.M., 600927. Sealed bids will be
posted at the beginning of the auction for the information of all
bidders. Deposits in the form of either a certified check, cashier's
check, bank draft, or postal money order, drawn payable to the order of
the Bureau of Indian Affairs, or in cash, in the amount of Four Thousand
Dollars ($4,000.00) must accompany each sealed bid. If an oral bid is
declared to be high at the close of the auction, the bidder must
immediately confirm the oral bid by submitting it in writing on a Bureau
of Indian Affairs bid form. The right to waive technical defects and to
reject any and all bids is reserved. Persons bidding for or on behalf
of companies, corporations, or partnerships, must, at the time of
bidding, submit in writing conclusive evidence of their authority to do
so. The deposit of the apparent high bidder, and of others who submit
written requests to have their bids considered for acceptance, will be
retained pending acceptance or rejection of the bids. All other
deposits will be returned promptly following the opening and posting of
bids. The deposit of the successful bidder will be applied as part of
the purchase price against the timber cut on this unit only or retained
as liquidated damages if the bidder shall not execute the contracts and
furnish satisfactory bond for each contract within sixty days from
acceptance of his bid. A separate bond will be required for each
contract in proportion to the value of the timber on each tract. The
total value of the bonds will be Four Thousand Dollars ($4,000.00).
Each contract will specify that all designated timber shall be cut and
removed from the unit by 611231, and will also specify that logs cut
under the contract shall be scaled by the Grays Harbor Log Scaling and
Grading Bureau or other Scaling Bureau acceptable to the Area Director,
and that the cost of such scaling shall be paid by the purchaser. Each
contract shall also specify that the purchaser will leave the boundaries
and corners of the sale area well marked at the completion of the
contracts. Advance payments of fifteen (15) percent of the purchase
price of the timber on each individual contract must be made within
thirty (30) days of approval of the contracts. The successful bidder
will be required to negotiate for access to the sale area over existing
roads with the Aloha Lumber Corporation. Bureau of Indian Affairs bid
forms for use in submitting sealed bids and full information concerning
the timber, the conditions of the sale, and the submission of bids
should be obtained from the Superintendent, Western Washington Indian
Agency, 1620 Hewitt Avenue, Everett, Washington, or his representative
at Room 206, Port Office Building, Hoquiam, Washington, or the Area
Director, Bureau of Indian Affairs, Portland Area Office, P. O. Box
4097, Portland 8, Oregon. Dated this 600812, at Portland, Oregon. Don
C. Foster, Area Director.
N. P. Trail No. 2 Logging Unit
Map not keyed, see original
TO BE EXECUTED IN SEXTUPLET
Bond No. 49 3 5221
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
BOND
KNOW ALL MEN BY THESE PRESENTS, That we, NORMAN BARNES AND COMPANY,
INC. of Seattle, State of Washington, a corporation organized and
existing under the laws of the State of , having an office and principal
place of business at Seattle in the State of Washington, as principal,
and THE ASTNA CASUALTY AND SURETY COMPANY of ,State of a corporation
organized and existing under the laws of the State of Connecticut,
having its principal office at Hartford), as surety, are held and firmly
bound unto the United States of America in the penal sum of Two Thousand
Dollars ($2,000.00), lawful money of the United States, for the payment
of which, well and truly to be made, we bind ourselves, each of us, our
heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
Sealed with our seals and dated this the 601120
The condition of this obligation is such that--
WHEREAS, NORMAN BARNES AND COMPANY, INC. principal herein, did on
the 601028 propose to purchase, at the rate of Seventeen and 50/100
dollars ($17.50), per M feet, B.M. for sitka spruce; Thirteen and
85/100 dollars ($13.85) per M feet B.M. for western hemlock and other
species on certain lands within the Quinault Indian Reservation in
Washington, described as follows, to wit: the Horton Capoeman Allotment
No. 10, described as Lot 4 of Section 25 and the SW1/4SW1/4 of Section
24, Township 22 North, Range 12 West, W.M., Washington and did stipulate
and agree that if the said proposal was accepted by the Area Director
the proposal and its acceptance should be reduced promptly to a written
contract and constitute a binding agreement for the sale of said timber,
and that said principal would cut, fell, remove, and pay for said timber
in accordance with the regulations accompanying the proposal and the
written contract executed between the parties pursuant thereto, and the
said regulations which form a part thereof, and
WHEREAS, said Area Director did on the 601101, duly accept said
proposal, and the proposal and acceptance were thereupon reduced to a
written contract.
NOW, THEREFORE, if the above-bounden NORMAN BARNES AND COMPANY, INC.
its heirs, executors, administrators, successors, and assigns, shall
faithfully conform to and observe all the laws and regulations made and
which shall be hereafter made for the governing of trade and intercourse
with the Indians, and in no respect violate the same, and conduct all
timber operations in accordance with said regulations, and all
provisions of the proposal and acceptance and the written contract
entered into by the parties pursuant thereto and in no respect violate
said regulations or contract, or either of them, then, and in that
event, this obligation shall be null and void; otherwise it shall
remain in full force and effect.
IN WITNESS WHEREOF, we hereunto set our hands and seals this the
601128
(CORPORATE SEAL OF PRINCIPAL IF CORPORATION)
Norman Barnes Pres.
(Signature of President, if principal is corporation)
Norman Barnes, Pres.
A. M. Barnes
Secretary.
TWO WITNESSES REQUIRED TO SIGNATURE OF EACH PRINCIPAL AND SURETY.
PRINCIPALS AND SURETIES SIGN AND AFFIX SEALS
WITNESSES:
(Signature of purchaser) (See note) (SEAL)
D. H. Hoffman
Resident Asst. Sec'y.
THE AETNA CASUALTY AND SURETY COMPANY
BY: J. L. Barnes Resident Vice President 1325 Dexter Horton Bldg.
Seattle, Washington
(CORPORATE SEAL) OF SURETY, IF CORPORATION)
Attest:
D. H. Hoffman
Secretary.
DEPARTMENT OF THE INTERIOR,
APPROVED:
ILLEGIBLE
ASSISTANT AREA DIRECTOR Secretary.
Note--Two individual sureties are required. A corporate surety duly
qualified under the act of Congress of 940813 (28 Stat. L., 279), and
that of 100323 (36 Stat. L., 241), may be accepted as a sole surety.
Corporate sureties are preferred. The sureties must justify in amounts
the aggregate of which will be equal to at least twice the penalty of
the bond.
In all cases where an officer signs for a corporation, either as
principal or surety, there must be attached to the bond either an
original certification, signed by the board of directors of the
authority of the signing officer, or officers, to sign for and in behalf
of corporations; or a copy of a resolution of the board of directors
granting a general authority of this character to the signing officer or
officers, certified by the president and secretary of the corporation,
under the corporate seal, as a true and accurate transcript of the
resolution.
The Area Casualty and Surety Company Hartford, Connecticut
Certificate of Authority of Resident Vice-Presidents and Resident
Assistant Secretaries.
KNOW ALL MEN BY THESE PRESENTS, That AEtna Casualty and Surety
Company, a corporation organized under the laws of the State of
Connecticut and having its principal office in the City of Hartford,
State of Connecticut, by its duly authorized officer, does hereby
appoint the following resident officers, with business address indicated
below but without territorial restriction, and does grant full power and
authority to each Resident Vice-President to sign and execute on its
behalf, and to each Resident Assistant Secretary to seal and attest on
its behalf, any and all bonds, recognizances, contracts of indemnity, or
writings obligatory in the nature of a bond, recognizance, or
conditional undertaking, and all such instruments signed by any one of
said Resident Vice-Presidents, when sealed and attested by any other
person named below as one of said Resident Assistant Secretaries, shall
be as valid and binding upon the Company as if the same had been signed
by the President and duly sealed and attested:
RESIDENT VICE-PRESIDENTS George W. Rourke J. L. Warme W. D. Rourke
Robert B. Rourke
RESIDENT ASSISTANT SECRETARIES George W. Rourke J. L. Warme W. D.
Rourke Robert B. Rourke D. H. Hoffman
BUSINESS ADDRESS Seattle, Washington
These appointments are made under and by authority of the following
provisions of the by-laws of the Company which provisions are now in
full force and effect and are the only applicable provisions of said
by-laws:
ARTICLE IV, Section 8. The President, any Vice-President, or any
Secretary may from time to time appoint Resident Vice-Presidents,
Resident Assistant Secretaries, Attorneys-in-Fact, and Agents to act for
and on behalf of the Company and may give any such appointee such
authority as his certificate of authority may prescribe to sign with the
Company's name and seal with the Company's seal bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers
or the Board of Directors may at any time remove any such appointee and
revoke the power and authority given him.
ARTICLE IV, Section 10. Any bond, recognizance, contract of
indemnity or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company
when (a) signed by the President or a Vice-President or by a Resident
Vice-President, pursuant to the power prescribed in the certificate of
authority of such Resident Vice-President, and duly attested and sealed
with the Company's seal by a Secretary or Assistant Secretary or by a
Resident Assistant Secretary, pursuant to the power prescribed in the
certificate of authority of such Resident Assistant Secretary; or (b)
duly executed (under seal, if required) by one or more Attorneys-in-Fact
pursuant to the power prescribed in his or their certificates of
authority.
IN WITNESS WHEREOF, The AEtna Casualty and Surety Company has caused
this instrument to be signed by the Secretary, and its corporate seal to
be hereto affixed, this 580416, A.D.
(CORPORATE SEAL)
The AEtna Casualty and Surety Company, By J.A. SWEARINGEN Secretary.
State of Connecticut, County of Hartford, ss:
On this 580416, A.D., before me personally came J.A. SWEARINGEN, to
me known, who, being by me duly sworn, did depose and say: that he is
Secretary of The AEtna Casualty and Surety Company, the corporation
described in and which executed the above instrument; that he knows the
seal of said corporation; that the seal affixed to the said instrument
is such corporate seal; that it was so affixed by authority of his
office under the by-laws of said corporation and that he signed his name
thereto by like authority.
(NOTORIAL SEAL)
MARY A. GRIFFIN Notary Public (ILLEGIBLE)
CERTIFICATE
I, the undersigned, Assistant Secretary of The AEtna Casualty and
Surety Company, a stock corporation of the State of Connecticut, DO
HEREBY CERTIFY that the CERTIFICATE OF AUTHORITY of which the foregoing
and attached copy is a full, true and perfect copy remains in full force
and has not been revoked; and furthermore, that ARTICLE IV, Sections 8
and 10, of the by-laws of the Company, set forth in the Certificate of
Authority, is now in force.
Given under my hand and the seal of the Company, at the Home Office
of the Company, in the City of Hartford, State of Connecticut, this
601126 day of, A.D. (ILLEGIBLE) Assistant Secretary
490500
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinault INDIAN RESERVATION, Washington
KNOW ALL MEN BY THESE PRESENTS, that I the undersigned, hereby
request, authorize, and empower the Superintendent of the Western
Washington Indian Agency to enter into contract for the sale of the
timber upon the following-described lands:
Lot 4, Section 25, Township 22 North, Range 12 West and SW1/2SW1/4
Section 24, Township 22 North, Range 12 West, Willamette Meridian,
Washington the same being the allotment of Horton Capoeman
Quinault allottee No. 10, and authorize him to perform every act
necessary and requisite to the consummation of such sale with the same
validity as if I were personally present. Provided that no such
contract shall be made hereunder at stumpage rates per thousand feet
board measure of less than the following $13.50 per M feet, B.M., for
western hemlock and other species; $17.00 per M feet, B.M., for sitka
spruce and I do also hereby agree to grant any contractor holding any
contract hereunder and in conformity herewith, reasonable right-of-way
over the above-described lands, or any other lands in which I hold any
interest, provided I shall receive reasonable compensation for any
damage done or incurred through such right-of-way. The Commissioner of
Indian Affairs or his representative shall definitely determine what
shall be considered reasonable damages.
I furthermore agree that the proceeds arising from the sale of this
timber may be disposed of in accordance with the regulations of the
Department of the Interior including those providing for the payment of
the cost of administration.
Place Taholah, Washington Date 600601
Witnesses: George W. Sevey Kay Filgaw Horton Capoeman
Scaling Agreement between NORMAN BARNES & CO., INC., and the GRAYS
HARBOR LOG SCALING AND GRADING BUREAU executed 601220, is on file with
contract No. 14-20-510-234 covering the allotment of Glen Capoeman,
Quinault Allottee No. 138, which was approved 601202, the same date that
the subject contract was approved.
HEL-012-1512-1604
HEL-012-1512-1604
COMM US DOI BIA BR OF FORESTRY
690910
CORRESPONDENCE
BENEDETTO, J W WASH AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Records Management Section.
330
CR: 9156-60-339 (W. Wash.) 848-65-339 (Part 1)
Forestry-339.2 Q-14-68
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
690910
Mr. George W. Sanders Route 1, Box 195-A Oakville, Washington 98568
Dear Mr. Sanders:
Enclosed is copy of Certificate of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q-14-68.
Operations have been satisfactorily completed in accordance with the
terms of the permit. Your special deposit hold in lieu of bond, in the
amount of $7,461.62, is being refunded under separate cover.
Sincerely yours,
(Sgd) John R. Benedetto
Acting Superintendent
Enclosure
cc: Forestry, PAO (2)
HEL-012-1605-1606
HEL-012-1605-1613
SANDERS GW
690904
CORRESPONDENCE
HADLEY, K W US DOI BIA PORTLAND
Forestry
63-4-18 - 339.5
Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690904
Memorandum
To: Superintendent, Western Washington Agency
From: Assistant Area Director (Economic Development)
Subject: Completion of Special Allotment Timber Cutting Permit No.
Q-14-68
With your memorandum dated 690902, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-14-68 which was issued to Mr. George W. Sanders.
You report that all obligations specified in the permit have been
completed and request permission to close the permit and refund the
performance deposit to the permittee.
You are hereby authorized to notify Mr. George W. Sanders that he is
relieved of any liability under the permit arising subsequent to the
date of this memorandum. You are also authorized to refund to him the
performance deposit in the amount of $7,461.62.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Kenneth W. Hadley Acting Assistant Area Director (Economic
Development)
cc: Commissioner, Attn. Forestry Program
Form 5-500a (Face)
660300
UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
STATEMENT OF COMPLETION OF TIMBER CONTRACT
Agency Western Washington
Reservation Quinault
Date of Final Report 690902
Timber Sale Area Richard Johns
Purchaser George W. Sanders, sole owner
Contract No. Q-14-68
Contract Approved 681203
Contract Expiration Date 691031
Land Status: Allotted
Allotment No. 1196
Name of Allottee (Formerly Richard Johns) George W. Sanders
Table not keyed, see original
PURCHASER'S STATEMENT
I hereby surrender all rights under the above contract and request to
be released from further obligations thereunder.
George W. Sanders Oakville, Washington
690826
INSPECTOR'S STATEMENT
I hereby certify that the purchaser has complied with the
requirements under the above contract and recommend that he be released
from further obligations thereunder.
George W. Sevey Forestry Technician
690829
SUPERINTENDENT'S STATEMENT
I hereby certify that the foregoing is a true account of all timber
scaled and funds accrued from the sale of timber on the land under the
contract designated above.
(Sgd) John D. Benedetto Acting Superintendent
690902
"Table not keyed, see original"
HEL-012-1607-1609
HEL-012-1606-1613
SUPT W WASH AGENCY
690910
CORRESPONDENCE
ACT SUPT W WASH AGENCY
Forestry-339.2
Q-13-68
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
690910
Mr. George W. Sanders Route 1, Box 195, A Oakville, Washington 98568
Dear Mr. Sanders:
Enclosed is copy of Certificates of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q-13-68.
Operations have been satisfactorily completed in accordance with the
terms of the permit. Your special deposit held in lieu of bond, in the
amount of $7,066.72 is being refunded under separate cover.
Sincerely yours, Acting Superintendent
cc: Forestry, PAO (2)
HEL-012-1610-1610
HEL-012-1606-1613
SANDERS, G W
690904
CORRESPONDENCE
HADLEY, K W US DOI BIA
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690904
Memorandum
To: Superintendent, Western Washington Agency
From: Assistant Area Director (Economic Development)
Subject: Completion of Special Allotment Timber Cutting Permit No.
Q-13-68
With your memorandum dated 690902, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-13-68 which was issued to Mr. George W. Sanders.
You report that all obligations specified in the permit have been
completed and request permission to close the permit and refund the
performance deposit to the permittee.
You are hereby authorized to notify Mr. George W. Sanders that he is
relieved of any liability under the permit arising subsequent to the
date of this memorandum. You are also authorized to refund to him the
performance deposit in the amount of $7,066.72.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Kenneth W. Hadley Acting Assistant Area Director (Economic
Development)
cc: Commissioner, Attn. Forestry Program
STATEMENT OF COMPLETION OF TIMBER CONTRACT
Agency Western Washington
Reservation Quinault
Date of Final Report 690902
Timber Sale Area A/ Edward Johns
Purchaser George W. Sanders, owner
Contract No. Q-13-68
Contract Approved 681203
Contract Expiration Date 691031
Land Status: Allotted
Allotment No. 1195
Name of Allottee (Formerly Edward Johns) George W. Sanders
Table not keyed, see original
PURCHASER'S STATEMENT
I hereby surrender all rights under the above contract and request to
be released from further obligations thereunder.
George W. Sander Oakville, Washington
690826
INSPECTOR'S STATEMENT
I hereby certify that the purchaser has complied with the
requirements under the above contract and recommend that he be released
from further obligations thereunder.
George W. Sevey Forestry Technician
690829
SUPERINTENDENT'S STATEMENT
I hereby certify that the foregoing is a true account of all timber
scaled and funds accrued from the sale of timber on the land under the
contract designated above.
John B (ILLEGIBLE) Acting Superintendent
690902
HEL-012-1611-1613
HEL-012-1606-1613
SUPT W WASH AGENCY
690512
CORRESPONDENCE
CORKE, C P DOI BIA DC
TELETYPE
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C.
K51-01 1492201 RES. MGMT. BIA'69(1804.3)
000512
DALE M. BALDWIN, AREA DIRECTOR BUREAU OF INDIAN AFFAIRS PORTLAND,
OREGON
REURLET 5-2-69, SPECIAL TIMBER CUTTING PERMIT TO QUINAULT COMPANY.
WE HAVE NO OBJECTION TO THE USE OF PERMIT FORM AND SUPPLEMENTAL
PROVISIONS WITH DRAFT DATED 690430.
(Sgd) Charles P. Corke Deputy Assistant Commissioner
cc: 300 Surname Forestry Chrony Mailroom Chrony Holdup
PERRY E. SKARRA, CHIEF, FORESTRY PROGRAM Code 183 690512, 1:45 p.m.
Ext 33163
HEL-012-1614-1614
HEL-012-1614-1617
BALDWIN, D M BIA PORTLAND
690502
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
RECEIVED
690505
FORESTRY 68-4-23 - 339.5 Quinault Tribal Permitts
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690502
AIRMAIL
Commissioner of Indian Affairs
Washington, D.C. 20242
Attention: Branch of Forestry
Sir:
We are enclosing for your review supplementing provisions to a
Special Timber Cutting Permit which would be issued to the Quinault
Tribe.
In developing the Quinault Tribal Land Program and the Plan of
Operation for the Quinault Company, it was brought out that individuals
have been assisted in arranging for loans to purchase timber lands by
access to a Special Allotment Timber Cutting Permit. It was felt that
the tribe might have equal success if the permit would provide means for
lender to have assurance the timber involved would be harvested and
applied against the loan.
With this in mind the supplementing provisions were drafted and are
presented in two forms. The original draft dated 690219, has had some
review as indicated in the attached Western Washington Agency letter of
690425. The draft dated 690430, represents restatement upon advice of
the Regional Solicitor's Office.
Sincerely yours,
(ILLEGIBLE) Assistant Area Director
cc: Supt., Western Washington Agency Hoquiam Field Office
HEL-012-1615-1615
HEL-012-1614-1617
COMM OF INDIAN AFF US DOI BIA BR OF FORESTRY
690425
CORRESPONDENCE
FELSHAW, G M US DOI BIA
Forestry-339.2
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
690425
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
We have reviewed the attached Special Timber Cutting Permit, which
was drafted for use on Quinault Tribal land, and have no objections to
its form or content, except in paragraph 2. We believe that the phrase
"to cut and sell timber" should be inserted before the phrase "on tribal
lands described as the".
This permit has been reviewed by the National Bank of Washington at
Montesano, Washington, and they have not shown any objections to the
contents or form.
Sincerely yours,
(ILLEGIBLE) Superintendent
Enclosure
Draft
690219
SPECIAL TIMBER CUTTING PERMIT SUPPLEMENTING PROVISIONS
Notwithstanding other provisions of the Special Timber Cutting Permit
No. :
1. In the event the permittee wishes to arrange for a loan using as
security the permission to cut and sell the timber designated for
cutting; such encumbrance may be made for the timber cutting and
selling rights only, and shall in no way encumber the land from which
the timber is to be cut.
2. In the event a nonperformance by the permittee results in the
lender performing the permit, an extension of time may be granted, upon
receipt of a request by the permittee and lender prior to the expiration
date. The extension shall be only for a period of time as may be
reasonably required to complete the performance of the permit.
3. Upon assumption of the timber cutting and selling rights, the
lender shall be mutually responsible for the performance of the permit
and may be required to bond the performance.
HEL-012-1616-1617
HEL-012-1614-1617
BALDWIN, D M BIA PORTLAND
681218
CORRESPONDENCE
PORTLAND AREA OFF
RECEIVED
681227
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
To Commissioner.
FOR ATTENTION OF: Forestry
FROM Portland Area Office Forestry
681218
SUBJECT Certificate of Completion: Special Culting Permit No Q-2-67
issued to Helen S. Mitchell, Western Washington Agency
HEL-012-1618-1618
HEL-012-1618-1622
COMM US DOI BIA BR OF FORESTRY
681216
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
RECEIVED
681207
Forestry-339.2 Q-2-67
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
681216
Mrs. Helen Mitchell Route 1, Box 189 Oakville, Washington 98568
Dear Mrs. Mitchell:
Enclosed is copy of Certificate of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q-2-67.
Operations have been completed in accordance with the terms of the
permit, and you are relieved of any liability under the permit arising
subsequent to 681211.
We must continue to hold the special deposit in the amount of
$8,088.14 so it is to apply to Permit Nos. Q-5-67 and Q-6-67.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosure
cc: Br. of Forestry, PAO (2)
HEL-012-1619-1619
HEL-012-1618-1622
MITCHELL H
681211
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
681211
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 681209, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-2-67 which was issued to Mrs. Helen S. Mitchell.
You report that all obligations specified in the permit have been
completed and request permission to close the permit.
You are hereby authorized to notify Mrs. Helen S. Mitchell that she
is relieved of any liability under the permit arising subsequent to the
date of this letter. The special deposit in the amount of $8,088.14 is
not to be refunded as it is to apply to Permits Nos. Q-5-67 and Q-6-67.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours,
A.W. Galbraith Assistant Area Director (Economic Development)
cc: Hoquiam Field Office Commissioner, Attn. Branch of Forestry
w/enclosures 2
Form 5-500a (Face)
660300
UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
STATEMENT OF COMPLETION OF TIMBER CONTRACT SPECIAL ALLOTMENT PERMIT
Agency Western Washington
Reservation Quinault
Date of Final Report 681031
Timber Sale Area Emma Williams
Purchaser Nolan Mitchell, sole owner
Contract No. Q-2-67
Contract Approved 670503
Contract Expiration Date 690430
Allotment No. 465
Name of Allottee Emma Williams
Table not keyed, see original
PURCHASER'S STATEMENT
I hereby surrender all rights under the above contract and request to
be released from further obligations thereunder.
Helen S. Mitchell Oakville, Washington
681205
INSPECTOR'S STATEMENT
I hereby certify that the purchaser has complied with the
requirements under the above contract and recommend that he be released
from further obligations thereunder.
John W. Palmer Forester
681107
SUPERINTENDENT'S STATEMENT
I hereby certify that the foregoing is a true account of all timber
scaled and funds accured from the sale of timber on the land under the
contract designated above.
(ILLEGIBLE) Superintendent
681209
HEL-012-1620-1622
HEL-012-1618-1622
FELSHAW, G M W WASH AGENCY
681213
CORRESPONDENCE
PORTLAND AREA OFF
RECEIVED
001213
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL INSTRUCTIONS: For use as transmittal.
Attach securely to material and and mail through regular channels.
Regular Mail
TO Commissioner.
FOR ATTENTION OF: Forestry
FROM Portland Area Office Forestry
681213
SUBJECT Forest Officer's Report- Special Allot Cutting Permit 1196 -
Richard Johns Allot - Western Washington Agency 1195 - Edward Johns
Allot Related paper transmitted 681205
HEL-012-1623-1623
HEL-012-1623-1676
COMM US DOI BIA BR OF FORESTRY
681014
CORRESPONDENCE
PALMER, J W US DOI BIA CAREY, W H US DOI BIA FELSHAW, G M W WASH AGENCY
FOREST OFFICER'S REPORT RICHARD JOHNS ALLOTMENT NO. 1196 SPECIAL
ALLOTMENT CUTTING PERMIT QUINAULT RESERVATION, WASHINGTON
Introduction:
Mr. Wilfred Sanders, owner of allotment No. 1196, has requested that
a Special Allotment Timber Cutting Permit be issued to him for the
harvesting of timber on the allotment. This allotment is in the
northwest portion of the reservation known as the Queets Unit. Mr.
Sanders resides in a community some 80 miles from the reservation. He
owns a farm and raises and trains horses. He has had several Special
Allotment Cutting Permits in the past and has contracted the logging to
persons engaged in the logging business. In each instance, he has made
contracts that were fair to all concerned.
Description of Area and Stand:
NE1/4NE1/4 Section 27, Township 23 North, Range 12 West, Willamette
Meridian, Washington, containing 40 acres.
This is a virgin stand of timber, consisting of 77 percent western
redcedar, 15 percent western hemlock, 8 percent Pacific silver fir and a
trace of western white pine. The Raft River fire of 670000 damaged
approximately seven (7) percent of the volume in the stand. This
occurred mainly along the south and east edges of the area. The tract
is situated on a feeder stream for the south fork of Raft River. This
small stream forks just south of the property the area lies along both
forks. The sides of the streams are steep and the canyons are deep.
The drainage is good and the soil a gravelly clay loam to a medium
depth. The area is approximately 58 miles from the Grays Harbor area,
with 53 miles of this over a paved highway and five miles over private
logging roads.
Current Market Conditions:
The demand for timber is presently very good for most species.
During the past year, prices offered for all logs grades have increased
gradually. This has largely resulted from the increased demand from
exporters for many species, particularly western hemlock and Pacific
silver fir, for consignment to Japanese markets. It is believed that
the trend established this past year will continue, at least for the
immediate future. Proposed restrictions on the export of logs from
public Lands may influence prices bid for Indian timber.
The market for pulpwood, shingle and shake logs remains excellent.
For the second quarter of 680000, approximately 67 percent of all log
sales reported by the Industrial Forestry Association for the
Grays-Willapa Harbors District want to export, 25 percent to water and 8
percent to inland sales.
Appraisal of Stumpage Values:
This appraisal is based on log prices quoted by the Industrial
Forestry Association for the second quarter of 680000, for the
Grays-Willapa Harbors District. Weighted log grade prices for all sales
were used for the unburned timber and a weighted average of water and
inland prices were used for the burned timber. The calculations are
shown in the following sections:
A. - Stumpage value for the green timber.
B - Stumpage values for the burned timber.
C - Weighted stumpage values of A & B.
APPRAISAL SUMMARY - GREEN (UNBURNED) TIMBER
Richard Johns LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY
Richard Johns Logging Unit Quinault Reservation
Allottee & No. Richard B. Johns, Q. 1196 Cruiser Gustavson, Lowder
and Sarkkonon Legal Desc. NE1/4NE1/4 Section 27, Township 23 North,
Range 13 West, W.M., Wash. Date Cruised 660622 Min. Merch. 12" D.B.H.,
8" top D.I.B. or est. min. merch. ht. Per Cent Cruise 30 Sampling
Error 9.27 @ 2 S.D. Coefficient of Variation 42.92 Vol. per Acre
(Merch.) 59,250 Merch. Acreage 37 Non-Merch. Acreage
Table not keyed, see original
LOG VALUES - GREEN (UNBURNED) TIMBER
Table not keyed, see original
LOGGED COSTS - GREEN (UNBURNED) TIMBER
Richard Johns LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
Notes: Direct logging and overhead costs are those experienced by
seven operators on the Olympic Peninsula. (Copies in the Agency and
Area Offices.) Hauling rates are computed according to Washington
Utilities and Transportation Commission, Tariff 4-A, effective 671120.
Fire protection costs are average U.S.F.S. estimates, effective 670800.
II. TRANSPORTATION (continued) .06 Average load @ .065/leg:
Table not keyed, see original
#Packer used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of Washington State Formula
(Ref. R6-TM-179).
Notes: Sorting Costs: See Crane Creek and Tabolah Unit 670000
Stumpage Revaluation Reports. Road use fee over private logging roads
includes maintenance costs.
Log and Overhead, Transportation, development statistics not keyed,
see original
Notes:
Construction Costs: Estimate 20 stations @ $250./sta. = $5,000.00.
$5,000.00 divided by 2,369 MBM = $2.11 MBM rounded to $2.10/MBM.
Determination of Stumpage Values: (Green or unburned timber)
Stumpage values have been determined by use of the following S =
V/1.op - C
1. Western redcedar: $77.06/1.10 - $38.52 $31.53/MBM
2. Western hemlock: $82.85/1.08 - $37.15 $29.56/MBM
3. Pacific silver fir & other species: $69.70/1.08 - $36.87
$27.67/MBM
An allowance of eigth (8) and ten (10) percent for profit and risk is
considered adequate to allow an operator a margin for reasonable profit.
Such factors as type of timber, marketing conditions, and demand have
been taken/into consideration in arriving at the margin for profit and
risk.
Recommended Stumpage Values (Green or unburned timber - rounded to
nearest five cents)
1. Western redcedar $31.55/MBM
2. Western hemlock $39.55/MBM
3. Pacific silver fir & other species $27.65/MBM Total Value of
Forest Products: (Green or Unburned timber)
1. Western redcedar : 1,685 MBM @$31.55/MBM = $53,161.75
2. Western hemlock : 340 MBM @$439.55/MBM = $13,447.00
3. Pacific silver fir & other species : 173 MBM @$27.65/MBM =
$4,783.45
Total 2,198 MBM $71,392.20
SECTION B
APPRAISAL SUMMARY - BURNED TIMBER
Richard Johns LOGGING UNIT,
Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY - BURNED TIMBER
Richard Johns Logging Unit
Quinault Reservation
Allottee & No. Richard Johns, Q. 1196
Cruiser Gustavson and Schneff
Legal Desc. NE1/4 NE1/4 Section 27, Township 23 North, Range 12 West,
W.M., Willamette Meridian,
Date Cruised 670824 Min. Merch 12" D.B.H. 8" top D.I.B., or est.
min. mervh. bt. Washington
Per Cent Cruise 100 Sampling Error Coefficient at Variation Vol. per
Acre (Merch.) 59,250 Merch. Acreage 3 Non-Merch. Acreage
Table not keyed, see original
LOG VALUES - BURNED TIMBER
Table not keyed, see original #Log Prices from IFA, 2nd Qtr. 1968,
Grays-Willapa Harbors District, weighted average water and inland sales
only.
LOGGING COSTS - BURNED TIMBER
Richard Johns LOGGING UNIT
Quinault RESERVATION
Table not keyed, see original
Table not keyed, see original
Table not keyed, see original
Determination of Stumpage Values (Burned Timber):
Stumpage values have been determined by use of the following formula:
S = V/1.op - C
1. Western redcedar: $65.00/1.10 - $37.13 $21.96/MBM
2. Western hemlock: $51.42/1.15 - $35.24 $9.47/MBM
3. Pacific silver fir: & other species: $52.08/1.15 - $35.24
$10.04/MBM
An allowance of ten (10) and fifteen (15) percent for profit and risk
is considered in this case instead of the normal eight (8) and ten (10)
percent. The ten (10) percent on cedar has been allowed as usual since
it has been determined that the cedar involved will still produce the
same amounts of the same quality wood as before it was burned. The
hemlock and silver fir will be difficult to dispose of for other
purposes except sawlogs, since the chips cannot be used for pulp nor do
veneer mills desire to utilize the burned logs, and the export market
will not accept them.
Recommended Stumpage Values: (Burned Timber) 1. Western redcedar
$21.95/MBM 2. Western hemlock $9.45/MBM 3. Pacific silver fir & other
species $10.05/MBM
Total Value of Forest Products (Burned Timber): 1. Western redcedar
: 130 MBM @$21.95/MBM = $2,853.50 2. Western hemlock : 26 MBM
@$9.45/MBM = $245.70 3. Pacific silver fir & other species : 15 MBM
@$10.05/MBM = $150.75
Total 171 MBM $3,249.95
SECTION C
APPRAISAL SUMMARY - COMBINED BURNED AND UNBURNED TIMBER
Richard Johns LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY - COMBINED BURNED AND UNBURNED TIMBER
Richard Johns Logging Unit
Quinault Reservation
Allottee & No. Richard Johns, Q. 1196 Cruiser Gustavson, Lowder and
Barkkinen Legal Desc. NE 1/4 NE 1/4 Section 27, Township 23 North, Range
12 West, W.M., Washington Date Cruised 660622 Min. Merch. 12" D.B.H., 8"
top D.I.B. or est. min, merch, bt, Per Cent Cruise 30 Sampling Error
9.27 @ 2 S.D. Coefficient of Variation 42.92 Vol. per Acre (Merc.)
59.250 Merch. Acreage 40 Non-Merch. Acreage
Table not keyed, see original
Remarks: Under Section 3 of the permit, we have elimated all mention
of the diameter limit, so the permittee may utilize any material
suitable for cordwood or plumpwood, ILLEGIBLE with existing markets for
this type of forest product.
Determination of Percentage - Unburned and Burned Timber and Weighted
Average Stumpage Values:
Table not keyed, see original
Recommendations:
It is recommended that the above values be accepted as the appraised
value of the combined burned and unburned timber on the subject tract.
Date: 681014
(Sgd) John W. Palmer Forester
Date: 681014
CONCUR: Sgd. Wilbur H. Carey Asst. Forest Manager
Date: 681015 APPROVED (Sgd.) George M. Felshaw Superintendent
(ILLEGIBLE)
STATISTICAL ANALYSIS
Computations not keyed, see original
RESERVATION Quinault 1196
LOGGING UNIT Queets
PROPERTY OF/OR BLOCK NO. Richard Johns NE/4 NE/4
SECTION 27
TOWNSHIP 23
RANGE 12
Map not keyed, see original
FOREST OFFICER'S REPORT EDWARD JOHNS ALLOTMENT NO. 1195 SPECIAL
ALLOTMENT CUTTING PERMIT QUINAULT RESERVATION, WASHINGTON
Introduction:
Mr. Wilfred Sanders, owner of allotment No. 1195, has requested that
a Special Allotment Timber Cutting Permit be issued to him for the
harvesting of timber on the allotment. This allotment is in the
northwest portion of the reservation known as the Queets Unit. Mr.
Sanders resides in a community some 80 miles from the reservation. He
owns a farm and raises and trains horses. He has had several Special
Allotment Cutting Permits in the past and has contracted the logging to
persons engaged in the logging business. In each instance he has made
contracts that were fair to all concerned.
Description of Area and Stand:
NE1/4 SW1/4 Section 26, Township 23 North, Range 12 West, Willamette
Meridian, Washington, containing 40 acres
This is a virgin stand of timber consisting of 62 percent western
redcedar, 27 percent western hemlock, 10 percent Pacific silver fir and
traces of Sitka spruce, white pine and Douglas-fir. The Raft River fire
of 670000 damaged approximately 40 percent of the volume of the stand.
This occurred mainly along the north and east edges of the area. The
tract is situated just north of the junction of Lunch Creek and Crane
Creek with the southeast corner of the area on the bank of Crane Creek.
There is a small stream draining into these creeks that crosses through
the middle of the area. The sides of these stream valleys have slopes
exceeding 100 percent in places. This well drained site has a gravelly
clay loam of a medium depth. This allotment is approximately 58 miles
north of the Aberdeen-Hoquiam area with 53 miles over paved highway and
five miles over private logging roads.
Current Market Conditions:
The demand for timber is presently very good for most species.
During the past year, prices offered for all log grades have increased
gradually. This has largely resulted from the increased demand from
exporters for many species, particularly western hemlock and Pacific
silver fir, for consignment to Japanese markets. It is believed that
the trend established this past year will continue, at least for the
immediate future. Proposed restrictions on the export of logs from
public lands may influence prices bid for Indian timber.
The market for pulpwood, shingle and shake logs remains excellent.
For the second quarter of 680000, approximately 67 percent of all log
sales reported by the Industrial Forestry Association for the
Grays-Willapa Harbors District went to export, 25 percent to water, and
8 percent to inland sales.
Appraisal of Stumpage Values:
This appraisal is based on log prices quoted by the Industrial
Forestry Association for the second quarter of 680000, for the
Grays-Willapa Harbors District. Weighted log grade prices for all sales
were used for the unburned timber and a weighted average of water and
inland prices was used for the burned timber.
The calculations are shown in the following sections:
Section A - Stumpage values for the green timber.
Section B - Stumpage value for the burned timber.
Section C - Weighted stumpage values of A & B.
SECTION A
APPRAISAL SUMMARY - GREEN (UNBURNED) TIMBER
Edward Johns LOGGING UNIT,
Quinault RESERVATION
Table not keyed see original
CRUISE SUMMARY - GREEN (UNBURNED) TIMBER
Edward Johns Logging Unit
Quinault Reservation
Allottee & No. Edward Johns, Q. 1195
Cruiser Gustavson, Lowder and Schneff
Legal Desc. NE1/4 SW1/4 Section 26, Township 23 North, Range 12
West, W.M., Wash.
Date Cruised 660617
Min. Merch. 12" D.B.H. - 8" top D.I.B.
Per Cent Cruise 35%
Sampling Error 10.82% @ 2 S.D.
Coefficient of Variation 56.39
Vol. per Acre (Merch.) 55,850
Merch. Acreage 40
Table not keyed see original
LOG VALUES
Table not keyed see original
LOGGING COSTS
Edward Johns LOGGING UNIT
Quinault RESERVATION
Table not keyed see original
II. TRANSPORTATION (Continued) .06 Average load @ .065/log:
Table not keyed see original
Determination of Stumpage Values (green timber):
Stumpage values have been determined by use of the following formula:
Formula not keyed see original
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to allow an operator a margin for reasonable profit.
Such factors as type of timber, marketing conditions, and demand have
been taken into consideration in arriving at the margin for profit and
risk.
Recommended Stampage Values (green timber) (rounded to nearest five
cents):
Table not keyed see original
Total Value of Forest Products (green timber):
Table not keyed see original
SECTION B
APPRAISAL SUMMARY - BURNED TIMBER
Edward Johns LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY - BURNED TIMBER
Edward Johns Logging Unit Quinault Reservation
Allottee & No. Edward Johns, Q. 1195 Cruiser Custavson and Schneff
Legal Desc. NE1/4SW1/4 Section 26, Township 23 North, Range 12 West,
W.M., Washington
Date Cruised 680829 Min Merch. 12" D.B.H., 8" top D.I.B. or est. min.
merch. ht.
Per Cent Cruise 100% Sampling Error Coefficient of Variation
Vol. per Acre (Merch.) 57,550 Merch. Acreage 15 Non-March. Acreage
Table not keyed, see original
LOG VALUES - BURNED TIMBER
Table not keyed, see original
LOGGING COSTS - BURNED TIMBER
Edward Johns LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
Notes:
Direct logging and overhead costs are those experienced by seven
operators on the Olympic Peninsula. (Copies on file at Agency and Area
Offices) Hauling rates are computed according to Washington Utilities
and Transportation Commission, Tariff 4-A, effective 671120. Fire
protection costs are average U.S.F.S. estimates, effective 670800.
II. TRANSPORTATION (continued) .06 Average load @.065/leg:
Table not keyed, see original
Determination of Stumpage Values (Burned Timber):
Stumpage values have been determined by use of the following formula:
S = V/1.op - C
1. Western redcedar: $67.77/1.10 - $35.37 $26.24/MBM
2. Western hemlock: $52.81/1.15 - $34.50 $11.42/MBM
3. Pacific silver fir: $51.58/1.15 - $34.05 $10.80/MBM
4. Western white pine: $58.65/1.15 - $33.91 $17.09/MBM
An allowance of ten (10) and fifteen (15) percent for profit and risk
is considered in this case instead of the normal eight (8) and ten (10)
percent. The ten percent on cedar has been allowed as usual, since it
has been determined that the cedar involved will still produce the same
amount of same quality wood as before it was burned. The hemlock,
Pacific silverfir and pine will be difficult to dispose of for other
purposes except sawlogs, since the chips cannot be used for pulp nor do
veneer mills desire to utilise the burned logs, and the export market
will not accept them.
Recommended Stumpage Values (Burned Timber):
1. Western redcedar $26.25/MBM
2. Western hemlock $11.40/MBM
3. Pacific silver fir $10.80/MBM
4. Western white pine $17.10/MBM
Total Value of Forest Products (Burned Timber):
1. Western redcedar : 540 MBM @$26.25/MBM = $14,175.00
2. Western hemlock : 212 MBM @$11.40/MBM = $ 2,416.80
3. Pacific silver fir: 84 MBM @$10.80/MBM = $ 907.20
4. Western white pine: 4 MBM @$17.10/MBM = $ 68.40
Total 840 MBM $17,567.40
SECTION C
APPRAISAL SUMMARY - COMBINED BURNED AND UNBURNED
Edward Johns LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY - COMBINED BURNED & UNBURNED
Edward Johns Logging Unit Quinault Reservation
Allottee & No. Edward Johns, Q. 1195 Cruiser Gustavson, Lowder and
Sarkkinen Legal Dec. NE1/4SW1/4 Section 26, Township North, Range 12
West W.M., Washington Date Cruised 660617 Min. Merch. 12" D.B.H., 8" top
DIB, or est. min. merch. ht. Per Cent Cruise 35% Sampling Error 10.82%
@ 2 S.D. Coefficient of Variation 56.39 Vol. per Acre (Merch.) 55,850
Merch. Acreage 40 Non-Merch. Average
Table not keyed, see original
Remarks: Note: Sitka spruce and Douglas-fir volume was 100%
cruised. Under Section 3 of the permit, we have eliminated all mention
of the diameter limit, so the permittee any utilize any material
suitable for cordwood or pulpwood, consistent with existing markets for
this type of forest product.
Determination of Percentage Burned and Unburned Timber and Weighted
Average Stumpage Values:
Table not keyed, see original
Total Value of Forest Products: (Burned and Unburned Weighted)
1. Western redcedar : 1,386 MBM @$33.20 = $46,015.20
2. Western hemlock : 601 MBM @$30.50 = $18,330.50
3. Pacific silver fir : 218 MBM @$22.00 = $4,796.00
4. Sitka spruce : 6 MBM @$68.65 = $411.90
5. Western white pine : 8 MBM @$21.35 = $170.80
6. Douglas-fir and 15 MBM @$62.85 = $942.75 other species :
Total 2,234 MBM $70,667.15
Recommendations:
It is recommended that the above values be accepted as the appraised
value of the combined burned and unburned timber on the subject tract.
Date: 681011
(Sgd) John W. Palmer Forester
Date: 681011
CONCUR: Sgd. Willbur H. Carey Asst. Forest Manager
APPROVED: (Sgd.) George M. Felshaw Superintendent
Checked By M McGiel Date 681121 STATISTICAL ANALYSIS
Computations
Table not keyed, see original
RESERVATION QUINAULT LOGGING UNIT QUEETS
PROPERTY OF/OR BLOCK NO. Edward R. Johns #1195
SECTION 26 TOWNSHIP 23 N. RANGE 12W. map not keyed see original
HEL-012-1624-1676
HEL-012-1624-1676
681203
CORRESPONDENCE
GALBRAITH, A W US DOI BIA
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
681203
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated December 2, 1968, you have enclosed for
approval the original and four copies each of Special Allotment Timber
Cutting Permits Nos. Q-13-68 and Q-14-68, signed by George W. Sanders,
sole owner of Allotments Nos. 1195 and 1196, Quinault Reservation,
Washington. You report that administrative expenses and the special
deposit, totaling $21,792.51, have been deposited at the agency.
We are approving the permits and returning the original and two
copies of each to your Hoquiam Office for distribution. We have
retained one copy of each for our files and one copy will be sent to the
Washington Office.
Please send us two copies of your transmittal letter to the
permittee.
Sincerely yours, A. W. Galbraith Assistant Area Director (Economic
Development)
cc: Hoquiam Field Office w/enclosures 6 Commissioner, Attn. Branch
of Forestry w/enclosures 6
HEL-012-1677-1677
HEL-012-1677-1685
FELSHAW, G M W WASH AGENCY
681204
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-13-68 and Q-14-68
Western Washington Agency Hoquiam Field Station Post Office Bldg.,
P.O. Box 120 Hoquiam, Washington 98550
681204
Mr. George W. Sanders Route 1, Box 195-A Oakville, Washington 98568
Dear Mr. Sanders:
Enclosed is approved copy of Special Allotment Timber Cutting Permits
Nos. Q-13-68, covering the Edward Johns allotment No. 1195, and Q-14-68,
covering the Richard Johns allotment No. 1196, on the Quinault
Reservation. Since the required fees have been deposited with the
Agency, operations under the permits may begin at any time.
Sincerely yours,
Sgd. Don W. Clark Forest Manager
Enclosures
cc: Branch of Forestry PAO (2)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-13-68
Allotment No. 1195, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to George W.
Sanders, sole owner of the/Edward Johns allotment. hereinafter called
the Permittee, sole owner of the allotment shown above which is
described as the NE1/4 SW1/4 Section 26, Township 23 North, Range 12
West, Willemette Meridian, Washington, containing 40 acres. to cut and
sell the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the ILLEGIBLE) to live and all of
the merchantable dead timber, standing or falling, within the boundaries
of the allotment is designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber, and the salvage of
(ILLEGIBLE) and (ILLEGIBLE) timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 691031, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $3,533.36 representing 3 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payments shall be made #in full prior to the
approval of this permit# provided, however, that payment in full shall
be made prior to the completion of cutting under this permit. Payments
other than in cash shall be drawn payable to the Bureau of Indian
Affairs.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$7,066.72 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or tiber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The permittee shall fall all unmerchantable trees
within the sale area cut-over, which are 14 inches or more in diameter
at breast height, and 16 feet or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area well marked at the
completion of this permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to set for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: George W. Sanders Permittee
Date: 681105
APPROVED: (Sgt) A. W. Calbraithi
Title: Assistant Area Director
Date: 681203
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be direct through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(e) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burnign is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613 600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-14-68
Allotment No. 1196, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to George W.
Sanders, sole owner of the/Richard Johns allotment hereinafter called
the Permittee, sole owner of the allotment shown above which is
described as the NE1/4NE1/4 Section 27, Township 23 North, Range 12
West, Willamette Meridian, Washington, containing 40 acres. to cut and
sell the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment is designated for clear-cutting. The objective is the
harvest cutting of mature and over-nature timber, and the salvage of
dead and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 691031 unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $3,730.81 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payments shall be made #in full prior to the
approval of this permit# Payments other than in cash shall be drawn
payable to the Bureau of Indian Affairs.
#Delete one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c). that the deposit in the amount of
$7,461.62 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19 Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The permittee shall fall all unmerchantable trees
within the sale area cut-over, which are 14 inches or more in diameter
at breast height, and 16 feet or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area well marked at the
completion of this permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: George W. Sanders Permittee George W. Sanders
Date: 681105
APPROVED: (Sgd) A. W. Galbraith
Title: Assistant Area Director
Date: 681203
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PREHISITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damage arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in wiriting any action in
connection with this permit. Appeals from actions by the Superintendent
or a forest officer shall be directed through the Superintendent to the
Area Director. Decisions by the Area Director may be appealed through
the Area Director to the Commissioner of Indian Affairs. Decisions by
the Commissioner may be appealed through the Commissioner to the
Secretary of the Interior in accordance with the rules and regulations
as may froz time to time be prescribed. Appeals shall be made within 30
days of the action or decision being appealed, unless the Permittee
furnishes reasons satisfactory to the officer receiving the appeal for
granting a longer period of time, in which case the officer may extend
the period for such length of time as he deems reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restriction as
the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the streams course and and stream sides of all streams
within the permit area. Products shall not be hauled or skidded through
any stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittant water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consulation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavourable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 11 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fall all unmerchantable trees, within the area out over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag falling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
HEL-012-1678-1685
HEL-012-1677-1685
SANDERS, G W
681119
CORRESPONDENCE
PORTLAND AREA OFF
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
TO Commissioner.
FOR ATTENTION OF: Forestry
FROM Portland Area Office Branch of Forestry
681119
SUBJECT Certificate of Completion: Special Allotment Timber Cutting
Permit No. Q-19-61
HEL-012-1686-1686
HEL-012-1686-1690
COMM US DOI BIA BR OF FORESTRY
681114
CORRESPONDENCE
BENEDETTO, J B W WASH AGENCY
Forestry-339.2 Q-19-64
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
631114
Mrs Violet Sanders Starr Route 1 Box 4 Oakville, Washington 98568
Dear Mrs. Starr:
Enclosed is copy of Certificate of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q-19-64.
Operations have been satisfactorily completed in accordance with the
terms of the permit. Your special deposit held in lieu of bond, in the
amount of $2,304.38, is being refunded under separate cover.
Sincerely yours,
(Sgd) John B. Benedette
Superintendent Enclosure
HEL-012-1687-1687
HEL-012-1686-1690
STARR, V S
680000
CORRESPONDENCE
GALBRAITH, A W US DOI BIA
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 681031, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-19-64 which was issued to Mrs. Violet Sander Starr.
You report that all obligations specified in the permit have been
completed and request permission to close the permit and refund the
performance deposit to the permittee.
You are hereby authorized to notify Mrs. Starr that she is relieved
of any liability under the permit arising subsequent to the date of this
letter. You are also authorized to refund to her the performance
deposit in the amount of $2,304,38.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours,
A. W. Galbraith Assistant Area Director (Economic Development)
cc: Commissioner, Attn. Branch of Forestry Hoquiam Field Office
Form 5-500a (Face) 690300
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
STATEMENT OF COMPLETION OF TIMBER CONTRACT - SPECIAL TIMBER CUTTING
PERMIT
Agency Western Washington
Reservation Quinault
Date of Final Report 681001
Timber Sale Area Violet Sanders
Purchaser Violet Sander
Contract No. Q-19-64
Contract Approved 641002
Contract Expiration Date 630930
Land Status: Allotted
Allotment No. 2174
Name of Allottee Violet Sanders
"Table not keyed, see original"
PURCHASER'S STATEMENT
I hereby surrender all rights under the above contract and request to
be released from further obligations thereunder.
Violet Sanders Starr Oakville, Washington 681028
INSPECTOR'S STATEMENT
I hereby certify that the purchaser has complied with the
requirements under the above contract and recommend that he be released
from further obligations thereunder.
J. W. Palmer Forester 681030
SUPERINTENDENT'S STATEMENT
I hereby certify that the foregoing is a true account of all timber
scaled and funds accured from the sale of timber on the land under the
contract designated above.
(Sgd) John B. Benedetto Acting Superintendent (ILLEGIBLE)
HEL-012-1688-1690
HEL-012-1686-1690
FELSHAW, G M W WASH AGENCY
680919
CORRESPONDENCE
PORTLAND AREA OFF
RECEIVED
680910
Form 5-388 530700 45136
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
TO Commissioner.
FOR ATTENTION OF: Forestry
FROM Portland Area Office Branch of Forestry
Date:
680917
SUBJECT Extension of Special Allotment Timber Cutting Permits Q-18-64
Q-5-67 Western Washington Agency Q-6-67
HEL-012-1691-1691
HEL-012-1691-1694
COMM US DOI BIA
680910
CORRESPONDENCE
HADLEY, K W US DOI BIA PORTLAND
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680910
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 680830, enclosed a request from Mr. James J. Hill
for an extension of time on Special Allotment Timber Cutting Permit No.
Q-18-64.
You may notify Mr. Hill that Permit No. Q-18-64 is hereby extended to
690930.
Sincerely yours,
Kenneth W. Hadley Acting Assistant Area Director (Economic
Development)
cc: Commissioner, Attn. Branch of Forestry Hoquiam Field Station
HEL-012-1692-1692
HEL-012-1691-1694
FELSHAW, G M W WASH AGENCY
680830
CORRESPONDENCE
FELSHAW, G M US DOI BIA
RECEIVED
680902
Forestry-339-2 Q-18-64
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
680830
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
Enclosed is a copy of a letter from Mr. James J. Hill, requesting an
extension of time for one year on Special Allotment Timber Cutting
Permit No. Q-18-64.
Over the years that' his permit has been in force, Mr. Hill has had
numerous breakdowns on his equipment, and extended periods of shutdowns
because of extreme fire hazard. In regards to his equipment, which was
quite old, Mr. Hill has slowly but steadily purchased better equipment
to continue his logging endeavors. This, as we have mentioned
previously, is a small family type show, logging his own allotment.
Since Mr. Hill states that the logging on his allotment should be
completed by 690100, it is recommended that an extension of one year be
granted to 690930.
Sincerely yours,
(ILLEGIBLE) Superintendent
Enclosure
HEL-012-1693-1693
HEL-012-1691-1694
BALDWIN, D M BIA PORTLAND
680828
CORRESPONDENCE
HILL, J J
680828
Don Clark Hoquiam Field Station Bureau of Indian Affairs
Dear Sir:
Would you please extend my cutting (ILLEGIBLE LINE)
Logging on this allotment should be completed by the first of the
year or sooner.
Thank you,
James J. Hill Allotment no 1874 Rt. 2 Box 474 Tacomer, Wash.
HEL-012-1694-1694
HEL-012-1691-1694
CLARK, D BIA
680906
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry 339.2 Q-5-67;Q-6-67
Western Washington Agency Hoquiam Field Station Post Office Bldg.,
P.O. Box 120 Hoquiam, Washington 98550
680906
Mrs. Helen S. Mitchell Route 1, Box 189 Oakville, Washington 98568
Dear Mrs. Mitchell:
In accordance with your request, the expiration date of your Special
Allotment Timber Cutting Permits No's Q-5-67 and Q-6-67, has been
extended to 690831, by the Approving Officer. You should make every
effort to see that all operations are completed by that date.
Sincerely yours, Sgd. Don W. Clark Forest Manager
cc: Br. of Forestry PAO:(2)
HEL-012-1695-1695
HEL-012-1691-1696
MITCHELL, H S
680903
CORRESPONDENCE
HASSIG, E
Forestry 339.5 Cutting Permits Q-5-67 and Q-6-67
680903
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 680828, enclosed a request from Mrs. Helen Mitchell
for an extension of time on Special Allotment Timber Cutting Permits No.
Q-5-67 and No. Q-6-67.
Please notify Mrs. Mitchell that Permit No. Q-5-67, covering the
removal of timber from Allotment No. 461, and Permit No. Q-6-67, for
Allotment No. 463, are each extended to 690831, Please send us two
copies of your letters to her.
Sincerely yours, /S/ ELMER HASSIG Acting Assistant Area Director
(Economic Development)
cc: Hoquiam Field Station Branch subject Branch chrony Yellow chrony
RDHickman:mw
680830
HEL-012-1696-1696
HEL-012-1691-1696
FELSHAW, G M W WASH AGENCY
680906
CORRESPONDENCE
BR OF FORESTRY
RECEIVED
(ILLEGIBLE DATE)
Form 5-388
530700
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
SUBJECT Attached copy of letter dated 680904 re Spec. Allot. Cutting
Permit Q-10-68, Western Wash. Agency, which was omitted from your file.
HEL-012-1697-1697
HEL-012-1697-1698
COMM US DOI BIA BR OF FORESTRY
680904
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry 339.2 Q-10-68
Western Washington Agency Hoquiam Field Station Post Office Bldg.,
P.O. Box 120 Hoquiam, Washington 98550
680904
Mrs. Hilda M Cowles Box 136 Westport, Washington 98595
Dear Mrs. Cowles:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-10-68, covering your allotment No. 1741, on the Quinault
Reservation. Since the required fees have been deposited with the
Agency, operations under the permit may begin at any time.
Sincerely yours,
Sgd. Don W. Clark Forest Manager
Enclosures cc: Br. of Forestry PAO: (2)
HEL-012-1698-1698
HEL-012-1697-1698
COWLES, H M
680905
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry 339.2 Q-19-64
Western Washington Agency Hoquian Field Station Post Office Bldg.,
P.O. Box 120 Hoquian, Washington 98550
680905
Mrs. Violet Sanders Starr Route 1, Box 4 Oakville, Washington 98568
Dear Mrs. Starr:
In accordance with your request, the expiration date of your special
Allotment Timber Cutting Permit No. Q-19-64 has been extended to 680930,
by the Approving Officer. You should make every effort to see that all
operations are completed by that date.
Sincerely yours,
Sgd Don W. Clark
Forest Manager CCI Br. of Forestry PAO:(2)
HEL-012-1699-1699
HEL-012-1699-1699
STARR, V S
680829
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-7-68 Western Washington Agency Hoquiam Field Station
Post Office Bldg. P. O. Box 120 Hoquiam, Washington 98550
680829
Mrs. Eva N. Krist 1717 S.W. Park Avenue Apt. 1305 Portland, Oregon
97201
Dear Mrs. Krist:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-7-68, covering your allotment No. 1950, on the Quinault
Reservation. Since the required fees have been deposited with the
Agency, operations under the permit may begin at any time.
Sincerely yours,
Sgd. Don W. Clark
Don W. Clark Forest Manager
Enclosure
cc: Br. of Forestry, PAO (2)
HEL-012-1700-1700
HEL-012-1700-1716
KRIST, E W
680827
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680827
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680821, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-7-68, signed by Eva Nagle Krist, sole owner of Allotment No. 1950,
Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $834.06, have been deposited
at the agency.
We are approving the permit and returning the original and two copies
to Hoquiam for distribution. We have retained one copy for our files
and one copy will be sent to the Washington Office. Please send us two
copies of your transmittal letter to the permittee.
Sincerely yours,
A. W. GALBRAITH
A. W. Galbraith Assistant Area Director (Economic Development)
cc: Hoquiam Field Station w/enclosures (3) Commissioner, Attn. Br.
of Forestry w/enclosures (3)
FOREST OFFICER'S REPORT EVA NAGLE KRIST AL. NO. 1950 SPECIAL
ALLOTMENT CUTTING PERMIT QUINAULT RESERVATION, WASHINGTON
Introduction:
Mrs. Eva Nagle Krist, owner of Quinault allotment No. 1950, has
requested that a Special Allotment Timber Cutting Permit be issued to
her for the harvesting of timber on her allotment. The allotment is in
the northwest portion of the reservation, known as the Queets Unit.
Mrs. Krist has no logging equipment of her own, and consequently plans
to contract for the logging of her timber with persons presently engaged
in the logging business.
Description of Stand and Area:
This allotment is described as follows:
NE1/4 SE1/4 Section 23, Township 23 North, Range 12 West, Willamette
Meridian, Washington
A virgin stand of relatively poor timber, composed of 66 percent
western redcedar, 15 percent western hemlock and 19 percent western
white pine and other species. All of the merchantable timber is on 12
acres of the area. The topography is fairly level, consequently the
drainage is fair, with some swampy places. The soil is a gravelly clay
loam to a shallow depth. The allotment is approximately 57 miles north
of the Grays Harbor area. Four miles of this is over a private logging
road, and 53 miles over a paved highway.
Current Market Conditions:
Generally speaking, the demand for all species of timber is presently
very good. During the past year, the prices offered for all log grades
have increased gradually. This has largely resulted from the increased
demand from exporters for many species, particularly hemlock and silver
fir, for consignment to Japanese markets. It is believed that the trend
established this past year will continue, at least for the immediate
future. Proposed restrictions on the export of logs from public lands
may influence prices bid for Indian timber.
The market for pulpwod, shingle and shake logs remains excellent.
For the 4th quarter of 670000, 67 percent of all Industrial Forestry
Association sales for the Grays-Willapa Harbors District went to export.
Appraisal of Stumpage Values:
This appraisal is based on log prices quoted by the Industrial
Forestry Association, Grays-Willapa Harbors District, 1st Quarter
680000.
APPRAISAL SUMMARY
Eva Magle Krist LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY
Eva Magle Krist Logging Unit Quinault Reservation
Allottee & No. Eva Magle Krist, Quin. 500000 Cruiser Gustavson and
Schneff
Legal Desc. NE1/4SE1/4 Section 23, Township 23 North, Range 12 West
W.M., Wash.
Date Cruised 680214 Min Merch. 12"D.B.H., 8" top DIB or est. min.
merch. ht.
Per Cent Cruise 40% Sampling Error 15.2 at 2 S.D. Coefficient of
Variation 87.9%
Vol. per Acre (Merch.) 12,500 Marginal Acreage 40 Non-Merch. Acreage
Table not keyed see original
Remarks: Under Section 3 of this permit, we have eliminated all
mention of the diameter limit, so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest product.
LOG VALUES
Table not keyed, see original
#Log Prices from IFA 1st Qtr. 680000 Grays-Willapa Harbors, weighted
average all sales.
LOGGING COSTS
Eva Magle Krist LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
Direct logging and overhead costs are average costs obtained from
operators on or near the Quinault Reservation (copies on file at Agency
and Area Offices). Felling, bucking, yarding costs were increased 15
percent due to nature of the stand. Transportation costs are based on
State of Washington Utilities and Transportation Commission rates
effective 671120. Five protection costs are average U.S.F.S. Region 6,
effective 670800.
II. TRANSPORTATION (continued)
.06 Average load @.065/log:
Table not keyed, see original
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of Washington State Formula
(Ref. R6-TM-179).
Notes: Road maintenance fee based on Forest Service average of
.10/M/Mile. Sorting costs: See 670000 Stumpage Revaluation Crane Creek
and Taholah Units.
Table not keyed see original
Notes: Road engineer's estimate of road construction costs: 14
stations @$200/sta. = $2,800. $2,800 divided by 500 MBM = $5.60/MBM.
Calculation of Stumpage Values:
Calculation of stumpage values was made on the basis of the following
formula:
S = V/1.op - C
1. Western redcedar:
$56.64/1.10 - $42.05 $9.44/M
2. Western hemlock:
$69.96/1.08 - $40.69 $24.09/M
3. Pacific silver fir & other species:
$66.14/1.08 - $40.28 $20.96/M
4. Western white pine:
$49.58/1.10 - $40.01 $5.06/M
An allowance of eight (8) and ten (10) percent is considered adequate
to allow an operator a margin for reasonable profit. Such factors as
market conditions, type of timber and demand have been taken into
consideration in arriving at the margin for profit and risk.
Recommended Stumpage Value (rounded to nearest five cents)
1. Western redcedar $9.45/M
2. Western hemlock $24.10/M
3. Pacific silver fir & other species $20.95/M
4. Western white pine $5.05/M
Total Value of Forest Products:
1. Western redcedar: 329 MBM @$9.45/M = $3,109.05
2. Western hemlock: 75 MBM @$24.10/M = $1,807.50
3. Pacific silver fir & other species: 10 MBM @$20.95/M = $209.50
4. Western white pine: 86 MBM @$5.05/M = $434.30
Total 500 MBM $5,560.35
Recommendations:
It is recommended that the above values be accepted as the appraised
value of timber on the subject tract.
Date: 680516
(Sgd) John W. Palmer John W. Palmer Forester
Date: 680516
CONCUR: Sgd. Don W. Clark Don W. Clark Forest Manager
Date: 000000
APPROVED: (Sgd.) George M. Felshaw Superintendent
Checked By M MaGill Date 680522
Checked By ILLEGIBLE Date 680523
STATISTICAL ANALYSIS
Allottee Name Eva Nagle Krist
Allotment No. 1950
Date 680215
Prepared by Schneff
Checked by Gustavson
Computations not keyed, see original
RESERVATION QUINAULT LOGGING UNIT KRIST
PROPERTY OF/OR BLOCK NO. Eva E. N. Krist Q 1950
NE1/4, SE1/4,
SECTION 23 TOWNSHIP 23 N RANGE 12 W
Map not keyed, see original
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Allotment No. 1950, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Eva Nagle
Krist hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the NE1/4SE1/4 Section 23, Township 23
North, Range 12 West, Willamette Meridian, Washington to cut and sell
the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs: Table not keyed see Original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber, and the salvage of
dead and down timber.
(ILLEGIBLE)
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 690630, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $328.03 representing 3 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of to FR 141.18. Payments shall be made
#in full prior to the approval of this permit# #in installments
provided, however, that payment in full shall be made prior to the
completion of cutting under this permit.# Payments other than in cash
small be drawn payable to the Bureau of Indian Affairs.
#Delete one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$556.04 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash - Not applicable
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut-over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
ownership lines. The permittee agrees that he will leave the boundaries
and corners of the sale area clearly marked at the completion of this
permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Eva Nagel Krist
Permittee Eva Nagle Krist
Date: 680814
APPROVED: A. W. GALBRAITH
Title: Assistant Area Director
Date: 680827
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Apeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
HEL-012-1701-1716
HEL-012-1700-1716
FELSHAW, G M W WASH AGENCY
680829
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-9-68
Western Washington Agency Hoquiam Field Station Post Office Bldg.,
P.O. Box 120 Hoquiam, Washington 98550
680829
Mrs. Lois M. Fisher Box 55 Westport, Washington 98595
Dear Mrs. Fisher:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-9-68, covering your allotment No. 1792, on the Quinault
Reservation. Since the required fees have been deposited with the
Agency, operations under the permit may begin at any time.
Sincerely yours,
Sgd. Don W. Clark
Forest Manager
Enclosure
cc: Br. of Forestry, PAO (2)
HEL-012-1717-1717
HEL-012-1717-1722
FISHER, L M
680000
CORRESPONDENCE
ASST AREA DIR US DOI BIA
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND OREGON 97208
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680823, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-9-68, signed by Mrs. Lois M. Fisher, sole owner of Allotment No. 1792,
Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $1,559.01, have been
deposited at the agency.
We are approving the permit and returning the original and two copies
to Hoquiam for distribution. We have retained one copy for our files
and one copy will be sent to the Washington Office. Please send us two
copies of your transmittal letter to the permittee.
Sincerely yours, Assistant Area Director
cc: Hoquiam Field Station w/enclosures (3) Commissioner, Attn. Br.
of Forestry w/enclosures (3)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-9-68
Allotment No. 1792, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulation contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Lois M.
Fisher, hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the SW1/4SW1/4 Section 7, Township 21
North, Range 11 West, Willamette Meridian, Washington to cut and sell
the timber shown below has been designated for cutting by the Bureau of
Indian Affairs:
Table not keyed see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment is designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber, and the salvage of
dead and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 690731, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Request must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE ESPENSES. The permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $519.67 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made #in full prior to the approval of this
permit# Payments other than in cash shall be drawn payable to the Bureau
of Indian Affairs.
# Delete one payment option.
Release 53-6, 2-23-60
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19 (c), that the deposit in the amount of
$1,039.34 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the sale area cut-over, which are 14 inches or more in diameter
at breast height, and 16 feet or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area well marked at the
completion of this permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Lois M. Fisher Permittee
Date: 680821
APPROVED: A. W. GALBRAITH Title: Assistant Area Director
Date: 680827
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or any contract
with other parties for the performances of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area, Director. Decisions by the Area Director
may be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber out
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and streams side of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(e) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particilarly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may does necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly, Files shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
Release 53-6, 2-23-60
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(e) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent, In the event of
disagreement the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or recoving timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee shall pay all costs of fire suppression,
including those incurred by the Bureau of Indian Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employee are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
HEL-012-1718-1722
HEL-012-1717-1722
FELSHAW, G M W WASH AGENCY
680829
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
RECEIVED
680905
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680829
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 680828, enclosed a request from Mrs. Violet Sanders
Starr for an extension of 30 days on Special Allotment Timber Cutting
Permit No. Q-19-64, covering Allotment No. 2174, Quinault Reservation,
Washington.
Please notify Mrs. Starr that Permit No. Q-19-64 is extended to
680930. Please send this office two copies of your letter to her.
Sincerely yours,
A.W. GALBRAITH Assistant Area Director (Economic Development)
cc: Hoquiam Field Station Commissioner, Attn. Br. of Forestry
HEL-012-1723-1723
HEL-012-1723-1724
FELSHAW, G M W WASH AGENCY
680827
CORRESPONDENCE
STARR, V S
RECEIVED
680827
Bureau of Indian Affairs Hoquiam Fieldstation Office So-Bldg - Bec
100 Hoquiam Washington
Dear Sir,
Writing to ask for another extensions for Mr Kramer who is logging my
allotment No Q-2174 on a special cutting permit. He needs another 30
days to complete his logging. Due to a few days shut down for today
weather and he has to have a bridge built to get to the line of timber
across the Creek. If you would give the extention. I would appreciate
it very much.
Thank you
Signed Viloa Sanders Starr RT 1 Box 100 Oakville, Wash 98568
HEL-012-1724-1724
HEL-012-1723-1724
BIA HOQUIAM FIELD OF
680829
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
RECEIVED (ILLEGIBLE)
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680823, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-10-68, signed by Mrs. Hilda Cowles, sole owner of Allotment No. 1741,
Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $917.66, have been deposited
at the agency.
We are approving the permit and returning the original and two copies
to Hoquiam for distribution. We have retained one copy for our files
and one copy will be sent to the Washington Office. Please send us two
copies of your transmittal letter to the permittee.
Sincerely yours,
A.W. Galbraith Assistant Area Director (Economic Development)
cc: Hoquiam Field Station Commissioner, Attn. Branch of Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT Permit No. Allotment No.
1741, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Hilda Cowles,
hereinafter called the Permittee, sole owner of the allotment shown
above which is described as the NW1/4SW1/4 Section 7, Township 21 North,
Range 11 West, Willamette Meridian Washington to cut and sell the timber
shown below which has been designated for cutting by the Bureau of
Indian Affairs:
"Table not keyed, see original"
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the Merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment is designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber, and the salvage of
dead and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 690731, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $305.89 representing 5 percent of
the total estimate stumpage value of the timber authorized for cutting
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made in full prior to the approval of this
permit# Payment other than in cash small be drawn payable to the Bureau
of Indian Affairs.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$611.77 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal; Not applicable.
b. Snag Disposal; The permittee shall fell all unmerchantable trees
within the sale area cut-over, which are 14 inches or more in diameter
at breast height, and 16 feet or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area well marked at the
completion of this permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Hilda Cowles DATE: 680828
APPROVED: A. W. GALBRAITH Title: Assistant Area Director Date:
680829
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid execessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT HILDA COWLES ALLOTMENT NO. 1741 SPECIAL
ALLOTMENT CUTTING PERMIT QUINAULT RESERVATION, WASHINGTON
Introduction:
Mrs. Hilda Cowles, owner of Quinault allotment No. 1741, has
requested that a Special Allotment Timber Cutting Permit be issued to
her for the harvesting of timber on her allotment. The allotment is
located in the southwestern portion of the reservation known as the Hall
Unit. Mrs. Cowles has no logging equipment of her own, and consequently
plans to contract for the logging of her timber with persons presently
engaged in the logging business.
Description of Area and Stand:
This allotment is described as follows:
NW1/4 SW1/4 Section 7, Township 21 North, Range 12 West, Willamette
Meridian, Washington
This area was originally logged during 1947 by Aloha Lumber
Corporation under the Hall Unit Contract. The remaining stand is an
area that was uneconomical to log at that time. This timber is
primarily small sawlogs, and is composed of 28 percent western redcedar,
21 percent western hemlock, 30 percent Douglas-fir and 21 percent
western white pine and other species. The topography is a gentle slope
of gravelly clay loam soil, with shallow depth. Drainage of the area is
fair, with swampy conditions in spots.
Current Market Conditions:
Generally speaking, the demand for all species of timber is presently
very good. During the past year, the prices offered for all log grades
have increased gradually. This has largely resulted from the increased
demand from exporters for many species, particularly hemlock and silver
fir, for consignment to Japanese markets. It is believed that the trend
established this past year will continue, at least for the immediate
future. Proposed restrictions on the export of logs from public lands
may influence prices bid for Indian timber.
The market for pulpwood, shingle and shake logs remains excellent.
For the 4th Qtr. of 670000, 67 percent of all Industrial Forestry
Association sales for the Grays-Willapa Harbor District went to export.
Appraisal of Stumpage Values:
This appraisal is based on log prices quoted by the Industrial
Forestry Association, Grays-Willapa Harbors District, 1st Quarter
680000.
APPRAISAL SUMMARY
Cowles LOGGING UNIT, Quinault RESERVATION
Table not keyed see original
CRUISE SUMMARY
Cowles Logging Unit Quinault Reservation
Allottee & No. Hilda Cowles, Q. 1741
Cruiser Gustavson, Lowder and Romero
Legal Desc. NW1/4 SW1/4 Section 7, Township 21 North, Range 11 West,
W.M. Washington
Date Cruised 680517
Min. Merch. 12" D.B.H., 8" top DIB, or est. min. merch. ht.
Per Cent Cruise 20 BAF Prism Sampling Error 6.6% @ 1 S.D.
Coefficient of Variation 46.3%
Vol. per Acre (Merch.) 8.922 Merch. Acreage 29 Non-Merch. Acreage 11
Table not keyed see original
Remarks: Under Section 3 of the permit we have eliminated all
mention of the diameter limit, so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest product.
LOG VALUES
Table not keyed, see original
#Log Prices from 1st Qtr. 1968 Industrial Forestry Association
weighted average, all sales, Grays-Willope Harbors District.
LOGGING COSTS
Cowles LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
Notes: Direct logging and overhead costs are average costs obtained
from operators on or near the Quinault Reservation (copies on file at
Agency and Area Offices). Direct logging costs are increased due to the
nature of the stand. Transportation costs are based on State of
Washington Utilities and Transportation Commission states effective
671120. Fire protection costs are average U.S.F.S. Region 6, effective
670800.
II. TRANSPORTATION (continued) .06 Average load @.065/log:
Table not keyed, see original
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of Washington State Formula
(Ref. R6-TM-179).
Notes: Road maintenance fee based on Forest Service average of
.10/M/Mile. Sorting costs: See 670000 Stumpage Revaluation Crane Creek
and Taholah Units.
Table not keyed, see original
Calculation of Stumpage Values:
Calculation of stumpage values was made on the basis of the following
formula:
Formula not keyed, see original
An allowance of ten (10) and twelve (12) percent has been considered
in this appraisal instead of the normal eight (8) and ten (10) percent
to allow an operator a margin for reasonable profit. It is felt that
the quality of the timber is such that it will not produce export type
logs as normally expected. Other factors such as market conditions,
type of timber and demand have been taken into consideration in arriving
at the margin for profit and risk.
Recommended Stumpage Values: (rounded to nearest five cents)
Table not keyed, see original
#This value is recommended for western white pine to provide the
permittee with a more reasonable value for her timber.
Total Value of Forest Products:
Table not keyed see original
Recommendations:
It is recommended that the above values be accepted as the appraised
value of timber on the subject tract.
Date: 680624
(Sgd) John W. Palmer John W. Palmer Forester
Date: 680625
CONCUR: Sgd. Don W. Clark Don W. Clark Forest Manager
APPROVED: (Sgd.) JOHN W. WEDDEL Acting Superintendent
PRESS STATISTICAL ANALYSIS Computations V-BAR
Computations not keyed see original
PRECH STATISTICAL ANALYSIS TREE COUNT Computations
Computations not keyed see original
RESERVATION Quinault LOGGING UNIT Hilda Cowels
PROPERTY OF/OR BLOCK NO. Hilda Cowels Q 1741
SECTION 7 TOWNSHIP 21 RANGE 11
Map not keyed see original
HEL-012-1725-1741
HEL-012-1725-1741
FELSHAW, G M W WASH AGENCY
680731
CORRESPONDENCE
BIA PORTLAND
RECEIVED
680800 Form 5-388
530700
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
TO Commissioner.
FOR ATTENTION OF: Br. of Forestry
FROM Bureau of Indian Affairs Portland Area Office Portland, Oregon
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION: Br. of Forestry
DATE: 680731
SUBJECT SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
HEL-012-1742-1742
HEL-012-1742-1759
COMM US DOI BIA BR OF FORESTRY
680726
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-11-68
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
680726
Mrs. Theodora G. Holden Chartraw c/o Mrs. Virgina Holden Noah Bay,
Washington 98357
Dear Mrs. Chartraw:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-11-68, covering your allotment No. 1878, on the Quinault
Reservations. Since the required fees have been deposited with the
Agency, operations under the permit may begin at any time.
Sincerely yours, Sgd. Don W. Clark Don W. Clark Forest Manager
Enclosure
cc: Branch of Forestry PAO (2)
HEL-012-1743-1743
HEL-012-1742-1759
CHARTRAW, T G H
680725
CORRESPONDENCE
GALBRAITH, A W US DOI BIA
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680725
Mr. George M. Felshaw
Superintendent, Western Agency
Dear Mr. Felshaw:
With your letter dated 680722, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-11-68, signed by Mrs. Theodora G. Holden Chartraw, sole owner of
Allotment No. 1878, Quinault Reservation, Washington. You report that
administrative expenses and the special deposit, totaling $16,512.13,
have been deposited at the agency.
We are approving the permit and returning the original and two copies
to your Hoquiam Field Station for distribution. We have retained one
copy for our files and one copy will be sent to the Washington Office.
Please send us two copies of your transmittal letter to the permittee.
Sincerely yours, (Sgd) A. W. Galbraith
A. W. Galbraith Assistant Area Director (Economic Development)
cc: Hoquiam Field Station w/enclosures (3) Commissioner, Attn.
Branch of Forestry w/enclosures (3)
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-11-68
Allotment No. 1878 Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625, (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Theodora G.
Holden Chartraw hereinafter called the Permittee, sole owner of the
allotment shown above which is described as the SE1/4NW1/4 and
SW1/4NE1/4 Section 23, Township 23 North, Range 13 West, Willamette
Meridian, Washington to cut and sell the timber shown below which has
been designated for cutting by the Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber may be cut under
this authority includes all of the merchantable live and all of the
merchantable dead timber, standing or fallen, within the boundaries of
the allotment is designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber, and the salvage of
dead and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 690731, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $5,504.04 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payments shall be made #in full prior to the
approval of this permit#
Payments other than in cash shall be drawn payable to the Bureau of
Indian Affairs.
#Delete one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$11,008.09 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the sale area cut-over, which are 14 inches or more in diameter
at breast height, and 16 feet or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that she will leave
the boundaries and corners of the sale area well marked at the
completion of this permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Theodora G. Holden Charttaw Permittee
Date: 680719
APPROVED: (Sgd) A. W. Galbraith Title: Assistant Area Director
Date: 680723
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be direct through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes resons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fires.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT THEODORA G. HOLDEN ALLOTMENT NO. 1878 SPECIAL
ALLOTMENT CUTTING PERMIT QUINAULT RESERVATION, WASHINGTON
Introduction:
Mrs. Theodora G. Holden Chartraw, owner of allotment No. 1878, has
requested that a Special Allotment Timber Cutting Permit be issued to
her for the harvesting of timber on her allotment. The allotment is in
the northwest portion of the reservation, known as the Queets Unit.
Mrs. Chartraw has no logging equipment of her own, and consequently
plans to contract for the logging of her timber with persons presently
engaged in the logging business. Mrs. Chartraw is married to a carreer
serviceman in the U.S. Air Force, and is believed to be capable of
arranging for a bona fide sale of her timber.
Description of Area and Stand: ILLEGIBLE and SW1/4 NE1/4 Section 23,
Township 23 North, Range 13 West, Willemette Meridian, Washington
A virgin stand of timber, composed of 69 percent western redcedar, 27
percent western hemlock, 1 percent Sitka spruce and 3 percent Pacific
silver fir and other species. The topopgraphy is level to steep slopes
of 70 percent. The soil is a gravelly clay loan of medium depth, with
fair to good drainage. The allotment is approximately 66 miles from the
Aberdeen-Hoquiam marketing area. Approximately 61 miles of this is over
paved highway and five miles is over logging roads.
Current Market Conditions:
Generally speaking, the demand for all species of timber is presently
very good. During the past year, prices offered for all log grades have
increased gradually. This has largely resulted from the increased
demand from exporters for many species, especially hemlock and silver
fir, for consignment to Japanese markets. It is believed the trend
established this past year will continue, at least for the immediate
future. Proposd restrictions on the export of logs from public lands
may influence prices bid for Indian timber.
The market for pulpwood, shingle and shake logs remains excellent.
For the 1st quarter 1968, 68 percent of all sales reported by the
Industrial Forestry Association went to export, 22 percent to water and
10 percent to inland sales.
Appraisal of Stumpage Values:
The appraisal is based on log prices quoted by the Industrial
Forestry Association for the 1st quarter 1968, Grays-Willapa Harbors
District.
APPRAISAL SUMMARY
Holden LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY
Holden Logging Unit Quinault Reservation
Allottee & No. Theodora Gladys Holden, Quin. 1878 Cruiser Gustavson
and Schneff
Legal Desc. SE1/4NW1/4 and SW1/4NE1/4 Section 23, Township 23 North,
Range 13 West, W.M., Wash.
Date Cruised 21/68 Min. Merch. 12" D.B.H., 8" top D.I.B. or est.
min. merch. ht.
Per Cent Cruise 20% Sampling Error 10.9% @ 2 S.D. Coefficient ot
Variation 54.9%j
Vol. per Acre (Merch.) 44,625 Merch. Acreage 80 Non-Merch. Acreage
Table not keyed, see original
Remarks: Under Section 3 of the permit, we have diminated all
mention of the diameter limit, so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest product.
LOG VALUES
Table not keyed, see original
#Log Prices from Industrial Forestry Association reports, 1st Quarter
680000, Grays-Willaps Harbors District, weighted average all sales.
LOGGING COSTS
Holden LOGGING UNIT Quinault RESERVATION
1. LOGGING AND OVERHEAD
1. Direct Logging Costs .01 Falling & Bucking (incl. mag falling)
$4.28 .02 Yarding $7.89 .03 Loading $1.97
Sub-Total $14.14
.2 Logging Overhead Costs .01 bardon $2.96 .02 Depreciation $1.44
Sub-Total $4.40
.3 Contractual Costs .01 Fire protection $ .23
Sub-Total $ .23
TOTAL LOGGING AND OVERHEAD $18.77
II. TRANSPORTATION
.1 Truck haul (66 miles to Port Docks, Grays Harbor, Wash. .01 Class
A road: 61 miles @.155 $9.46 .02 Class B road: 5 miles @.22 $1.10 .05
(ILLEGIBLE) $1.82
Sub-Total $12.38 Notes: Direct logging and overhead costs are
average obtained from operations on or near the Quinault Reservation
(copies on file at Agency and Area Offices). Transportation costs based
on Washington Utilities and Transportation Tariff 4-A, effective 671120.
Fire protection costs are average U.S.F.S. Region 6, effective 670811.
11. TRANSPORTATION (continued) .06 Average load @.065/log:
"Table not keyed, see original"
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of Washington State Formula
(Ref. R6-TM-179).
Notes: Road maintenance fee is the average U.S.F.S. fee of
.10/M/Mile. Sorting costs: See Crane Creek and Taholah Unit 670000
Revaluation Reports.
Determination of Stumpage Value: Stumpage values have been
determined by use of the following formula:
s-V/1.op - C
1. Western redcedar: $73.35/1.10 - $38.65 $28.03/MBM
2. Western hemlock: $79.52/1.08 - $36.80 $36.83/MBM
3. Pacific silver fir/other species: $71.31/1.08 - $36.80
$29.23/MBM
4. Sitka spruce $113.60/1.10 - $37.69 $65.58/MBM
An advance of eight (8) and ten (10) percent is considered adequate
to allow an operator a margin for reasonable profit. Such factors as
market conditions, type of timber and demand have been taken into
consideration in arriving at the margin for profit and risk.
Recommended Stump age Values: (rounded to nearest five (5) cents) 1.
Western redcedar $28.05/MBM 2. Western hemlock $36.85/MBM 3. Pacific
silver fir & other species $29.25/MBM 4. Sitka spruce $65.60/MBM
Total Value of Forest Products:
1. Western redcedar : 2,472 MBM @$28.05/MBM = $69,339.60 2.
Western hemlock : 977 MBM @$36.85/MBM = $36,002.45 3. Pacific silver
fir & other species: 88 MBM @$29.25/MBM = $2,574.00 4. Sitka spruce :
33 MBM @$65.60/MBM = $ 2,164.80
TOTAL 3,570 MBM $110,080.85
Recommendations:
It is recommended that the above values be accepted as the appraised
of the timber on the subject tract.
Date: 680701 Onnie E. Peakkonen Forester
Date: 680702 Concur: Sgd. Don W. Clark Forest Manager
Date: 690703 (Sgd.) George M. Felshaw
Checked By M.McGid Date 680709
STATISICAL ANALYSIS Computation not keyed, see original
RESERVATION Quinault LOGGING UNIT Holden PROPERTY OF/OR BLOCK NO. T.
Gladys Holden Q 1878 SE 1/4, NW 1/4 & SW 1/4 NE 1/4 SECTION 23 TOWNSHIP
23 N RANGE 13 W
Map not keyed, see original
HEL-012-1744-1759
HEL-012-1742-1759
FELSHAW, G M W WASH AGENCY
680708
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.2
WESTERN WASHINGTON AGENCY Federal Building, 3006 Colby Avenue
Everett, Washington 98201
680708
Mrs. Myra P. Everett Star route #1 South Bend, Washington 98586
Dear Mrs. Everett:
Enclosed is copy of Certificate of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q-9-67.
Operations have been satisfactorily completed in accordance with the
terms of the permit. Your special deposit held in lieu of bond, in the
amount of $2,055.17, is being refunded under separate cover.
Sincerely yours,
(Sgd.) George M. Felshaw
Superintendent Enclosure CC: Branch of Forestry, PAO (2)
HEL-012-1760-1760
HEL-012-1760-1763
EVERETT, M F
680703
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680703
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680626, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. 2-9-97, which was issued to Myra P. Everett. You
report that all obligations specified in the permit have been completed
and request permission to close the permit and refund the performance
deposit to the permittee.
You are hereby authorized to notify Myra P. Everett that she is
relieved of any liability under the permit arising subsequent to the
date of this letter. You are also authorized to refund to her the
performance deposit in the amount of $2,055.17.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours,
(Sgd) A. W. Galbraith Assistant Area Director (Economic Development)
cc: Commissioner, Attn. Branch of Forestry Hoquiam Field Station
Form 5-500a (Face)
660300
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
STATEMENT OF COMPLETION OF TIMBER CONTRACT SPECIAL ALLOTMENT PERMIT
Agency Western Washington
Reservation Quinault
Date of Final Report 680620
Timber Sale Area Myre P. Everett
Purchaser Myre P. Everett
Contract No. Q-9-67
Contract Approved 671109
Contract Expiration Date 681130
Land Status: Allotted
Allotment No. 1788
Name of Allottee Myre P. Everett
Table not keyed, see original
PURCHASER'S STATEMENT
I hereby surrender all rights under the above contract and request to
be released from further obligations thereunder.
Myra P. Everett South Bend, Wash.
680624
INSPECTOR'S STATEMENT
I hereby certify that the purchaser has complied with the
requirements under the above contract and recommend that he be released
from further obligations thereunder.
John W. Palmer Forester
680625
SUPERINTENDENT'S STATEMENT
I hereby certify that the foregoing is a true account of all timber
scaled and funds accured from the sale of timber on the land under the
contract designated above.
(Sgd) JOHN W. WEDDEL Acting Superintendent (ILLEGIBLE)
HEL-012-1761-1763
HEL-012-1760-1763
FELSHAW, G M W WASH AGENCY
680701
CORRESPONDENCE
GALBRAITH, A W US DOI BIA
RECEIVED
630000
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680701
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
You report that administrative expenses and the special deposit
totaling $7,135.23 have been deposited for Special Allotment Timber
Cutting Permit No. Q-8-68 signed by Mrs. Clara Elliott Cartt, sole owner
of Allotment No. 1771, Quinault Reservation, Washington.
The original and two copies of the approved permit have been sent to
the Hoquiam Office for distribution. We have retained the Area and
Washington Office copies.
We understand that Mrs. Cartt lives in California and has arranged
for the logging and sale of the timber to Mr. Wilfred Sanders. A copy
of the agreement between Mrs. Cartt and Mr. Sanders should be furnished
this office, as evidence to fulfill the intent of 53 IAM 5.2.4B. Also
furnish two copies of your transmittal letter to the permittee.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director (Economic Development)
cc: Hoquiam Field Station Commissioner, Attn. Branch of Forestry
HEL-012-1764-1764
HEL-012-1764-1780
FELSHAW, G M W WASH AGENCY
680705
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-8-68
Western Washington Agency Hoquiam Field Station Post Office Bldg.,
P.O. Box 120 Hoquiam, Washington 98550
680705
Mrs. Clara Elliott Cartt 33602 Astoria Street Dana Point, California
92629
Dear Mrs. Cartt:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-8-68, covering your allotment No. 1771, on the Quinault
Reservation. Since the required fees have been deposited with the
Agency, operations under the permit may begin at any time.
We would appreciate it if you would furnish our office a copy of the
logging agreement between you and Mr. Will Sanders. Sincerely yours,
Sgd. Don W. Clark
Don W. Clark
Forest Manager Enclosure cc: Branch of Forestry, PAO (2)
FOREST OFFICER'S REPORT
CLARA ELLIOTT AL. NO. 1771
SPECIAL ALLOTMENT CUTTING PERMIT
QUINAULT RESERVATION, WASHINGTON
Introduction:
Mrs. Clara Elliott Cartt, owner of Quinault Allotment No. 1771, has
requested that a Special Allotment Timber Cutting Permit be issued to
her for the harvesting of timber on her allotment. The allotment is in
the northwest portion of the reservation known as the Queets Unit. Mrs.
Cartt has no logging equipment of her own, and consequently plans to
contract for the logging of her timber with persons presently engaged in
the logging business.
Description of Area and Stand:
This allotment is described as follows:
NE1/4NE1/4 Section 21 and NW1/4NW1/4 Section 22, Township 23 North,
Range 13 West, Willamette Meridian, Washington
A virgin stand of fair timber, composed of 81 percent western
redcedar, 18 percent western hemlock and 1 percent Sitka spruce. The
merchantable timber is on 35 acres of the area, and is approximately 67
miles north of the Grays Harbor area. Five miles of this distance is
over gravel roads, and the rest over paved highway. The topography of
the area is level, with a drainage ranging from fair to swampy and soil
of a gravelly clay loam of medium depth.
Current Market Conditions:
Generally speaking, the demand for all species of timber is presently
very good. During the past year, the prices offered for all grades have
increased gradually. This has largely resulted from the increased
demand from exporters for many species, particularly hemlock and silver
fir, for consignment to Japanese markets. It is believed that the trend
established this past year will continue, at least for the immediate
future. Proposed restriction on the export of logs from public lands
may influence prices bid for Indian timber.
The market for pulpwood, shingle and shake logs remain excellent.
For the fourth quarter of 670000, 67 percent of all Industrial Forestry
Association sales for the Grays-Willapa Harbors District went for
export.
Appraisal of Stumpage Values:
This appraisal is based on log prices quoted by the Industrial
Forestry Association, Grays-Willapa Harbors District, 1st quarter
680000.
CRUISE SUMMARY
Clara Elliott Logging Unit Quinault Reservation Allottee & No. Clara
Elliott, Q. 1771 Cruiser Gustavson, Romero and Lowder Legal Desc.
NE1/4NE1/4 Sec. 21 and NW1/4NW1/4 Sec. 22, Township 23 North, Range 13
West, W.M. Date Cruised 680605 Min. Merch. 12" D.B.H., 8" top D.I.B. or
est. min. merch. ht. Per Cent Cruise 30% Sampling Error 11.4% @ 2 S.D.
Coefficient of Variation 49.4% Vol. per Acre (Merch.) 48,686 Merch.
Acreage 35 Non-Merch. Acreage 45
"Table not Keyed, see original"
Remarks: Under Section 3 of the permit, we have eliminated all
mention of the diameter Limit, so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest product.
APPRAISAL SUMMARY
Clara Elliott LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
LOG VALUES
Table not keyed, see original
#Log Prices from 1st Qtr 1968, Grays-Willapa Harbors District,
weighted average, all sales.
LOGGING COSTS
Clara Elliott LOGGING UNIT Quinault RESERVATION
1. LOGGING AND OVERHEAD
Table not keyed, see original
Direct Logging and overhead costs are average costs obtained from
operators on or near the Quinault Reservation (copies on file at Agency
and Area Offices). Transportation costs are based on State of
Washington Utilities and Transportation Commission Tariff No. 4-A,
effective 671120. Fire protection costs are average U.S.F.S. Region 6,
effective 670800.
II. TRANSPORTATION (continued) 06 Average load @.065/log:
Table not keyed see original
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of Washington State Formula
(Ref. R6-TM-179).
Notes:
Maintenance .10/M/Mile for 5 miles based on Forest Service region 6
average. Sorting Costs: See 670000 Stumpage Revaluation Crane Creek
and Tabolah Units;
Notes:
Road engineer's estimate of road construction costs: 8 stations
@$200/sta. = $1,600.00 $1,600 divided by 1,707 MBM = $0.94/M rounded to
$1.00/M
Table not keyed, see original
Calculation of Stumpage Values:
Calculation of Stumpage values was made on the basis of the following
formula:
Formula not keyed see original
An allowance of eight (8) and ten (10) percent is considered adequate
to allow an operator a margin for reasonable profit. Such factors as
market conditions, type of timber and demand have been taken into
consideration in arriving at the margin for profit and risk.
Recommended Stumpage Value (rounded to nearest five cents)
Table not keyed see original
Total Value of Forest Products:
Table not keyed see original
Recommendations:
It is recommended that the above values be accepted as the appraised
value of timber on the subject tract.
Date: 680607
(Sgd) John W. Palmer John W. Palmer Forester
Date: 680610
CONCUR: Sgd. Don W. Clark Don W. Clark Forest Manager
Date:
APPROVED: (ILLEGIBLE) Acting Superintendent
STATISTICAL ANALYSIS Computations
Computations not keyed, see original
RESERVATION Quinault LOGGING UNIT Elliott
PROPERTY OF/OR BLOCK NO. Clara J. Elliott Q 1771
NE/4 NE/4 21 NW/4 NW/4 22
SECTION TOWNSHIP 23 RANGE 13
Map not keyed, see original
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-8-68
Allotment No. 1771, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625, (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Mrs. Clare
Elliott Cartt hereinafter called the Permittee, sole owner of the
allotment shown above which is described as the
NE1/2NE1/2 Section 21 and NW1/2NW1/2 Section 22, Township 23 North,
Range 13 West, Willamette Meridian, Washington to cut and sell the
timber shown below which has been designated for cutting by the Bureau
of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the (ILLEGIBLE TEXT)
EXPIRATION DATE. The authority to cut and remove timber this permit
shall expire on 650731 unless the permit is extended by the Approving
Officer after receipt of a request by the Permittee setting forth
reasons for the extension which are satisfactory to the Approving
Officer. Request must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPRESS. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $2378.41 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs to 25 CFR 141.18.
Payment shall be made in full prior to the approval of this permit in
installments provided, however, that payment in full shall be made prior
to the completion of cutting under this permit. Payments other than in
cash shall be drawn payable to the Bureau of Indian Affairs. # Delete
one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of $
furnished to the Superintendent prior to the approval of this permit may
be used by the Approving Officer, in his discretion, for planting or
other work to offset damage to the land or timber caused by the
Permittee's failure to comply with the provisions of this permit. The
deposit shall be returned to the Permittee upon satisfactory completion
of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable
b. Snag Disposal - The permittee shall fall all unmerchantable trees
within the sale area cut-over, which are 14 inches or more in diameter
at breast height, and 16 feet or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area well marked at the
completion of this permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian Lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Clara Elliott Cartt Permittee Clara Elliott Cartt
Date: 680618
APPROVED: A.W.GALBRAITH Title: Assistant Area Director Date:
680701
11. DEFINITIONS. As used in this part:
11(a) "Approving Officer" roans the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Superintendent to the Area Affairs. Decisions
by the Commissioner may be appealed through the Commissioner to the
Secretary of the Interior in accordance with the rules and regulations
as may from time to time be prescribed. Appeals shall be made within 30
days of the action or decision being appealed, unless the Permittee
furnishes reasons satisfactory to the officer receiving the appeal for
granting a longer period of time, in which case the officer may extend
the period for such length of time as he deems reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all steams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water course.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damage young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damage to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area out over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
Release 53-6, 2-23-60
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and servicable condition such fire fighting tools and equipment,
provided such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
HEL-012-1765-1765
HEL-012-1764-1780
CARTT, C E
680628
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.2 Q-8-67
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
680628
Mrs. Florence E. Snell 544 West Barstow Fresno, California 93704
Dear Mrs. Snell:
Enclosed is copy of Certificate of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q-8-67.
Operations have been satisfactorily completed in accordance with the
terms of the permit. Your special deposit held in lieu of bond, in the
amount of $2,064.20, is being refunded under separate cover.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
cc: PAO Br. of Forestry (2) Hoquiam Forestry
HEL-012-1781-1781
HEL-012-1781-1785
SMALL, F E
680621
CORRESPONDENCE
BENEDETTO, J B US DOI BIA
Forestry-339.2 Q-8-67
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
680621
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
Enclosed, in duplicate, is Statement of Completion of Timber
Contract, covering operations of Florence Elliot Snell, under Special
Allotment Timber Cutting Permit No. Q-8-67, on the Quinault Reservation.
Operations have been completed in accordance with the terms of the
permit. Authority is requested to notify Mrs. Snell that she is
relieved of further liability under the permit, and to refund the
special deposit in the amount of $2,064.20.
Sincerely yours,
(ILLEGIBLE) Acting Superintendent
Form 5-500a (Face)
660300
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
STATEMENT OF COMPLETION OF TIMBER CONTRCT SPECIAL TIMBER CUTTING
PERMIT.
Agency Western Washington
Reservation Quinault
Date of Final Report 680610
Timber Sale Area Florence Elliott
Purchaser Florence Elliott
Contract No. Q-8-67
Contract Approved 671109
Contract Expiration Date 671130
Land Status: Allotted
Allotment No. 1770
Name of Allottee Florence Elliott
Table not keyed, see original
PURCHASER'S STATEMENT
I hereby surrender all rights under the above contract and request to
be released from further obligations thereunder.
Florence E. Snell Fresno, California 680613
INSPECTOR'S STATEMENT
I hereby certify that the purchaser has complied with the
requirements under the above contract and recommend that he be released
from further obligation thereunder.
John W Palmer Forester 680618
SUPERINTENDENT'S STATEMENT
I hereby certify that the foregoing is a true account of all timber
scaled and funds accured from the sale of timber on the land under the
contract designated above.
(Sgd) John B Benedette Acting Superintendent 680621
HEL-012-1782-1784
HEL-012-1781-1785
BALDWIN, D M BIA PORTLAND
680625
CORRESPONDENCE
GALBRAITH, A W US DOI BIA
RECEIVED
680703
Forestry Q-8-67 - 339.2 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680625
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680621, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No Q-8-67 which was issued to Florence Elliott Snell.
You report that all obligations specified in the permit have been
completed and request permission to close the permit and refund the
performance deposit to the permittee.
You are hereby authorized to notify Florence Elliot Snell that she is
relieved of any liability under the permit arising subsequent to the
date of this letter. You are also authorized to refund to her the
performance deposit in the amount of $2,064.20.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director (Economic Development)
cc: Commissioner, Attn. Branch of Forestry Hoquiam Subagency
w/enclosures (2)
HEL-012-1785-1785
HEL-012-1781-1785
FELSHAW, G M W WASH AGENCY
680610
CORRESPONDENCE
BR OF FORESTRY
RECEIVED
680612
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
DATE: 680610
SUBJECT Special Allotment Timber Cutting Permit 680206 (ILLEGIBLE)
HEL-012-1786-1786
HEL-012-1786-1792
COMM US DOI BIA BR OF FORESTRY
680605
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-6-68
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
680605
Mrs. Ruth Sam Mason
Clearwater, Washington 98534
Dear Mrs. Mason:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-6-68, covering your allotment No. 1455, located on the Quinault
Reservation. Since the required fees have been deposited with the
Agency, operations under the permit may begin at any time.
Sincerely yours,
Sgd. Don W. Clark Don W. Clark Forest Manager
Enclosure
cc: Branch of Forestry, PAO (2)
HEL-012-1787-1787
HEL-012-1786-1792
MASON, R S
680604
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680604
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680529, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-6-68, signed by Mrs. Ruth Sam Mason, sole owner of Allotment No. 1455,
Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $4,801.40, have been
deposited at the agency.
We are approving the permit and returning the original and two copies
to your Hoquiam office for distribution. We have retained one copy for
our files and one copy will be sent to the Washington Office. Please
send us two copies of your transmittal letter to the permittee.
Sincrely yours,
A.W. GALBRAITH Assistant Area Director (Economic Development)
cc: Hoquiam Field Station Commissioner, Attn. Branch of Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS 600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT Permit No Q-5-68
Allotment No. 1455, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Ruth Sam
(Mason), hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the NE1/4SW1/4 Section 34, Township 23
North, Range 12 West, Willamette Meridian, Washington, containing 40
acres M/L to cut and sell the timber shown below which has been
designated for cutting by the Bureau of Indian Affairs.
"Table not keyed, see original"
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment is designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber, and the salvage of
dead and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 690531, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $600.45 representing 5 percent of
the total estimated stumpage value of the timber authorized for cutting,
as shown in Section 2, to cover all or part of the administrative
expenses incurred by the Bureau of Indian Affairs, pursuant to 25 CFR
141.18. Payments shall be made in full prior to the approval of this
permit. provided, however, that payment in full shall be made prior to
the completion of cutting under this permit. Payments other than in
cash small be drawn payable to the Bureau of Indian Affairs.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$3,200.95 furnished to the Superintendent prior to the approval of the
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19 Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash Disposal - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the sale area cut-over, which are 14 inches or more in diameter
at breast height, and 16 feet or more in total height. Snag felling
shall be completed as soon as practicable and before the expiration date
of this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
corners and ownership lines. The permittee agrees that he will leave
the boundaries and corners of the sale area well marked at the
completion of this permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Ruth Sam Mason Permittee Date: 680522
APPROVED: A. W. GALBRAITH Title: Assistant Area Director Date:
680604
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
receiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stress sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deam necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regualations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. This Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppresion, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
HEL-012-1788-1792
HEL-012-1786-1792
FELSHAW, G M W WASH AGENCY
680604
CORRESPONDENCE
BR OF FORESTRY PAO
RECEIVED
680606
Form 5-388
530700
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
To Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
Date 680604
SUBJECT Certificate of Completion: Special Allotment Timber Cutting
Permit 670207
HEL-012-1793-1793
HEL-012-1793-1797
COMM US DOI BIA BR OF FORESTRY
680529
CORRESPONDENCE
BENEDETTO W WASH AGENCY
Forestry-339.2 Q-7-67
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
680529
Mrs. Hazel Underwood
Taholah, Washington 98587
Dear Mrs. Underwood:
Enclosed is copy of Certificate of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q-7-67.
Operations have been satisfactorily completed in accordance with the
terms of the permit. Your special deposit held in lieu of bond, in the
amount of $167.09, is being refunded under separate cover.
Sincerely yours,
(ILLEGIBLE)
Acting Superintendent
Enclosure cc: Branch of Forestry PAO (2)
HEL-012-1794-1794
HEL-012-1793-1797
UNDERWOOD, H
680527
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
Forestry 60-7-14 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND OREGON 97208
680527
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680522, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-7-67 which was issued to Mrs. Hazel Underwood. You
report that all obligations specified in the permit have been completed
and request permission to close the permit and refund the performance
deposit to the permittee.
You are hereby authorized to notify Mrs. Underwood that she is
relieved of any liability under the permit arising subsequent to the
date of this letter. You are also authorized to refund to her the
performance deposit in the amount of $167.09.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director
cc: Commissioner, Attn. Branch of Forestry w/enclosures (2) Hoquiam
Field Station
Form 5-500a (Face)
660300
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs STATEMENT OF COMPLETION OF TIMBER CONTRACT
SPECIAL ALLOTMENT PERMIT
Western Washington Agency
Reservation Quinault
Date of Final Report 680430
Timber Sale Area Hazel P. Underwood
Purchaser Hazel P. Underwood
Contract No. Q-7-67
Contract Approved 671101
Contract Expiration Date 681031
Land Status: Allotted
Allotment No. 911
Name of Allottee Hazel P. Underwood
Table not keyed, see original
PURCHASER'S STATEMENT
I hereby surrender all rights under the above contract and request to
be released from further obligations thereunder.
Hazel P. Underwood
Tabolah, Washington
680520
INSPECTOR'S STATEMENT
I hereby certify that the purchaser has complied with the
requirements under the above contract and recommend that he be released
from further obligations thereunder.
John W. Palmer
Forester
680520
SUPERINTENDENT'S STATEMENT
I hereby certify that the foregoing is a true account of all timber
scaled and funds accrued from the sale of timber on the land under the
contract designated above.
Superintendent
Table omitted
HEL-012-1795-1795
HEL-012-1793-1797
FELSHAW, G M W WASH AGENCY
680429
CORRESPONDENCE
BR OF FORESTRY PAO
Form 5-388 530700
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
TO Commissioner.
FOR ATTENTION OF: Wilma Martin, Branch of Forestry
FROM Portland Area Office Branch of Forestry
DATE: 680429
SUBJECT Attached is copy of letter for your files re extension of
Cutting Permit Q-2-67 for Allot. 465, Helen Mitchell.
Did you receive copy of our letter dated 680424, to Supt. W. Wash.
agreeing to the extension? If so, did it have copy of letter of request
from Helen Mitchell attached? We are unable to locate this request
letter in the file, so if it was inadvertently attached to your copy,
please make copy for your file and return the orig. to us. Thanks.
Dorothy
HEL-012-1798-1798
HEL-012-1798-1801
COMM US DOI BIA MARTIN, W BR OF FORESTRY
680425
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-2-67
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
680425
Mrs. Helen S. Mitchell Route 1, Box 189 Oakville, Washington 98568
Dear Mrs. Mitchell:
In accordance with your request, the expiration date of your Special
Allotment Timber Cutting Permit No. Q-2-67, covering the cutting of
timber from allotment No. 465, has been extended to 690430 by the
Approving Officer. You should make every effort to see that all
operations are completed by that date.
Sincerely yours,
Sgd. Don W. Clark Forest Manager
cc: Branch of Forestry, PAO (2)
HEL-012-1799-1799
HEL-012-1798-1801
MITCHELL, H S
680424
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
RECEIVED
Bur. Of Indian Affairs Washington, D.C.
680426
In Reply, Refer to:
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680424
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 680419, enclosed a request from Mrs. Helen Mitchell
for an extension of time on Special Allotment Timber Cutting Permit No.
Q-2-67, covering the cutting of timber from Allotment No. 465, Quinault
Reservation, Washington. You recommend that the permit be extended to
690430.
We have reviewed the permit and the circumstances presented and are
in agreement with your recommendations. Special Allotment Timber
Cutting Permit No. Q-2-67, issued to Mrs. Helen Mitchell, is hereby
extended to 690430.
Please notify Mrs. Mitchell that the permit has been extended and
send us two copies of your letter to her.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director (Economic Development)
cc: Hoquiam Subagency Commissioner, Attn. Branch of Forestry
HEL-012-1800-1800
HEL-012-1798-1801
FELSHAW, G M W WASH AGENCY
680412
CORRESPONDENCE
MITCHELL, H S
Route 1, Box 189 Oakville, Washington 98568
680412
Mr. G. M. Felshaw, Supt. Western Washington Agency Federal Bldg.,
3006 Colby Ave. Everett, Washington 98201
Dear Mr. Felshaw:
I wish to apply for an extension on Cutting Permit No. Q-2-67, Emma
Williams Allotment No. 465, on the Quinault Reservation. Extended
periods of fire closure last summer prevented any operations during
those critical danger periods. I would like the extension for one year
from date of expiration on Permit.
Sincerely yours,
Mrs. Helen S. Mitchell
HEL-012-1801-1801
HEL-012-1798-1801
FELSHAW, G M W WASH AGENCY
680417
CORRESPONDENCE
FELSHAW, G M US DOI BIA
Forestry-339.2 Q-5-68
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
680417
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Dear Mr. Baldwin:
The fees required under Special Allotment Timber Cutting Permit
Q-5-68, in the amount of $10,849.46, were deposited at the Agency Office
on 000416. The permit was hand delivered to Mr. George W. Sanders on
the same date.
Sincerely yours,
George M. Felshaw Superintendent
HEL-012-1802-1802
HEL-012-1802-1818
BALDWIN, D M DOI BIA PORTLAND
680412
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
IN REPLY REFER TO:
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680412
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 680405, attention Real Property Management,
contained documents pertaining to the negotiated sale of the Johnnie
Wheeler Allotment No. 450, Quinault Reservation, Washington. The deed
to this allotment was conveyed to the United States Government of
America in trust for George Wilfred Sanders.
Also enclosed with your letter were five copies of Special Allotment
Timber Cutting Permit No. Q-5-68 and the Forest Officer's Report
covering the removal of timber from this allotment by Mr. Sanders. You
have recommended approval of the permit.
We have reviewed the Forest Officer's Report and find it to be in
proper order. Mr. Sanders visited this office today and signed the
permit.
Special Allotment Timber Cutting Permit No. Q-5-68 has been approved
subject to the receipt of the required fees in the amount of $10,849.46.
We are returning the original and two copies of the approved permit to
your Hoquiam office to be held pending receipt of the above-stated fees
from Mr. Sanders. Mr. Sanders indicated that he would be in the Hoquiam
office Monday, 000415, to deposit the fees and pick up the permit.
We have retained one copy of the permit for our files and one copy
for the Washington Office. Please notify us by letter as soon as the
fees have been received and the permit delivered to Mr. Sanders.
Sincerely yours.
A. W. Galbraith Assistant Area Director (Economic Development)
cc: Hoquiam Subagency w/enclosures (3) Commissioner, Attn. Br. of
Forestry w/enclosures (3)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-5-68
Allotment No. 430 Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625, (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to George W.
Sanders, sole owner of that Johnnie Wheeler allotment hereinafter called
the Permittee, sole owner of the allotment shown above which is
described as the Lots 4 & 5, Section 27, Township 23 North, Range 13
West. Willamette Meridian, Washington to cut and sell the timber shown
below which has been designated for cutting by the Bureau of Indian
Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATION OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber, and the salvage of
dead/dova timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 690430, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $3,616.49 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to CFR 141.18. shall be made in full prior to the approval of
this permit
ILLEGIBLE provided, however, that payment in full shall be made prior
to the completion of cutting under this permit. Payments other than in
cash shall be drawn payable to the Bureau of Indian Affairs.
Delete one payment option.
Release 53-6, 2-23-60
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$7,232.97 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut-over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height, Snag felling shall be
completed as soon as practicable and before the expiration date of this
permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
ownership lines. The permittee agrees that he will leave the boundaries
and corners of the sale area clearly marked at the completion of this
permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian Lands, and is authorized to set for the Bureau in
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Permittee George W. Sanders Date: 680401
APPROVED: A. W. GALBRAITH Title: Assistant Area Director
ILLEGIBLE
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken
in connection with this permit. Appeals from actions by the
Superintendent or a forest officer shall be directed through the
Superintendent to the Area Director. Decisions by the Area Director may
be appealed through the Area Director to the Commissioner of Indian
Affairs. Decisions by the Commissioner may be appealed through the
Commissioner to the Secretary of the Interior in accordance with the
rules and regulations as may from time to time be prescribed. Appeals
shall be made within 30 days of the action or decision being appealed,
unless the Permittee furnishes reasons satisfactory to the officer
riceiving the appeal for granting a longer period of time, in which case
the officer may extend the period for such length of time as he deems
reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittant water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of raods and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash turning is required,
the Permittee will lop and pile all slash compactly. Files shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damage to timber or other property of other Indian or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable, trees, within the area cut
over, which are 14 inches or more in diameter at breast height and 16
feet or more in total height. Snag felling shall be completed as soon
as practicable and before the slash is burned if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Rights-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT SPECIAL ALLOTMENT CUTTING PERMIT JOHNNIE
WHEELER, AL. NO. 450 QUINAULT RESEVATION, WASHINGTON
Introduction:
Mr. George W. Sanders has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on the
Johnnie Wheeler allotment No. 450, which is located in the northwest
portion of the Quinault Reservation. Mr. Sanders is sole owner, and
plans on doing the logging himself.
Description of Area and Stand:
The allotment is described as follows:
Lots 4 & 5, Section 27, Township 23 North, Range 13 West, Willamette
Meridian, Washington
This allotment is approximately 72 miles north of Grays Harbor, near
the mouth of Raft River. Access to the area is 63 miles over Highway
101, then 5 miles over the Cape Elizabeth road and 4 miles over private
logging road. The timber stand consists of old growth timber. Western
redcedar comprises 23% of the volume, western hemlock 58% and Sitka
spruce 19%. Topography is from level to steep. Drainage is good. The
soil is a gravelly clay loam of medium depth.
Current Market Conditions:
The demand for logs in the Grays Harbor market has remained steady
for the past year, and from all indications it will remain so. The
export market is good, and that type of log is easily sold. The
pulpwood market is good, in both sawlogs and cordwood. Shingle and
shake business was poor earlier, but has picked up currently to a brisk
business. For the 4th quarter of 670000, 67 percent of all IFA reported
sales for Grays-Willapa Harbors District went to export, 25 percent to
water and 8 percent to inland sales.
Appraisal of Stumpage Values:
This appraisal is based on average log prices quoted by the
Industrial Forestry Association, Grays-Willapa Harbors District, 4th
Quarter 670000, for all sales.
APPRAISAL SUMMARY
Johnnie Wheeler LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY
Johnnie Wheeler, Q. 450 Logging Unit
Quinault Reservation
Allottee & No. Johnnie Wheeler, Q. 450
Cruiser Quataveon and Louder Legal Desc. Lots 4 & 5, Section 27,
Township 23 North, Range 13 West, W.M. Wash. Date Cruised 660721 Min.
Merch. 12" D.B.M., 8" top D.I.B. or est. min. merch. ht.
Per Cent Cruise 20
Sampling Error 1307%
Coefficient at Variation 63.508% Vol. per Acre (Merch.) 36.250
Merch Acreage 68
Non-Merch. Acreage 10.70 K/L
Table not keyed, see original
Remarks: Under Section 3 of the permit, we have eliminated all
mention of the diameter limit, so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest product.
LOG VALUES
Table not keyed, see original
Log Prices from Industrial Forestry Association, 4th Quarter, 1967,
Grays-Willapa Harbors District, weighted average prices, all sales.
LOGGING COSTS
Johnnie Wheeler, Q. 450 LOGGING UNIT
Quinault RESERVATION
1. LOGGING AND OVERHEAD
.1 Direct Logging Cost
Table not keyed see Original
.2 Logging Overhead Costs
Table not keyed see Original
.3 Contractual Costs
Table not keyed see Original
II. TRANSPORTATION
.1 Truck haul 72 miles to Port Docks, Grays Harbor
Table not keyed see original
Notes: Direct logging & overhead costs are those experienced by
independent operators on and off the Quinault reservation (copies on
file in Agency and Area Offices). Transportation costs based on State
of Washington Utilities and Transportation Commission rates effective
671120.
II. TRANSPORTATION (continued) .06 Average load @.065/log:
Table not keyed, see original
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of Washington State Formula
(Ref. R6-TM-179).
Notes: Road Use Fee: U.S. Plywood $5,642.00/2,465 = $2.29/M Broon
Const. .15/M $2.44/M
Table not keyed, see original
Notes: Roads engineer's estimate of development costs: 30 sections
@246.06/station = $7,381.80 $7,381.80 divided by 2,465 MBM = $2.99
rounded to $3.00/M.
Calculation of Stumpage Rates:
Calculation of stumpage values was made on the basis of the following
formula: S = V/1.op - c
1. Western redcedar: $66.64/1.10 - $43.24 $17.34/M
2. Western hemlock & other species: $77.34/1.08 - $41.40 $30.21/M
3. Sitka spruce: $91.14/1.10 - $41.30 $41.55/M
An allowance of eight (8) and ten (10) percent is considered adequate
to allow an operator a margin for reasonable profit. Such factors as
market conditions, type of timber and demand have been taken into
consideration in arriving at the margin for profit and risk.
Recommended Stumpage Values: (rounded to nearest five cents)
1. Western redcedar $17.35/M
2. Western hemlock & ogther species $30.20/M
3. Sitka spruce $41.55/M
Total Value of Forest Products:
1. Western redcedar : 569 M @417.35/M = $9,872.15
2. Western hemlock & other species : 1,438 M @$30.20/M = $43,427.60
3. Stika spruce: 458 M @$41.55/M = $19,029.90
Total 2,465 M $72,329.65
Recommendations:
It is recommended that the above values be accepted as the appraised
value for timber on the subject tract.
Date: 680322
Sgd. Onnie E. Paakkonen Forester
Date: 680322
CONCUR: Sgd. Don W. Clark Forest Manager
Date: 680325
APPROVED: (Sgd.) George M. Felshaw Superintendent
RESERVATION Quinault
LOGGING UNIT Johnnie Walker PROPERTY OF/OR BLOCK NO. Johnnie Wheeler
Q 450 Lots 4 & 5 SECTION 27 TOWNSHIP 23 RANGE 13
map not keyed, see original
STATISTICAL ANALYSIS
Computations not keyed, see original
HEL-012-1803-1818
HEL-012-1802-1818
FELSHAW, G M W WASH AGENCY
680405
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
680008
Form 5-388
530700
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels.
Regular Mail
TO Commissioner
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Affairs Branch of Forestry
DATE: 680405
HEL-012-1819-1819
HEL-012-1819-1836
COMM BIA BR OF FORESTRY
680325
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2
Q-3-68
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
680325
Mrs. Hazel Jones
Taholah, Washington 98587
Dear Mrs. Jones:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-3-68, covering the Simmons Jones allotment No. 905 of which you
are the sole owner, on the Quinault Reservation. Since the required
fees have been deposited with our Agency, operations under the permit
may begin at any time.
Sincerely yours,
Sgd. Don W. Clark Forest Manager
Enclosure cc: Branch of Forestry, PAO (2)
HEL-012-1820-1820
HEL-012-1819-1836
JONES, H
680322
CORRESPONDENCE
GALBRAITH A W US DOI BIA PORTLAND
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680322
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680319, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-3-68, signed by Mrs. Hazel Jones, sole owner of Allotment No. 905,
Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $5,953.43, have been
deposited at the agency.
We are approving the permit and returning the original and two copies
to your Hoquiam office for distribution. We have retained one copy for
our files and one copy will be sent to the Washington Office. Please
send us two copies of your transmittal letter to the permittee.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director (Economic Development)
cc: Hoquiam Subagency w/enclosures (2) Commissioner, Attn. Branch of
Forestry w/enclosures (3)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-3-68
Allotment No. 905, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C. 406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Hazel Jones,
sole owner of Simmons Jones ILLEGIBLE LINE SE1/4 NE1/4 Section 8,
Township 23 North, Range 12 West, Willamette Meridian, Washington to cut
and sell the timber shown below which has been designated for cutting by
the Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guaranteed.
The cutting authority of this permit covers the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
(ILLEGIBLE) within the boundaries of the allotment is designated for
clear-cutting. The objective is the harvest cutting of mature and
over-mature timber and the salvage of dead and down timber.
4. EXPIRATION DATE. The authority to cut and remover timber under
this permit shall expire on 690331, unless the permit is extended by the
Approving Officer after receipt of a request by the Permittee setting
forth reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $1,984.48 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of CFR 141.18. shall be
made #in full prior to the approval of this permit in installments
provided, however, that payment in full shall be made prior to the
completion of cutting under this permit.# Payments other than in cash
shall be drawn payable to the Bureau of Indian Affairs.
6. SPECIAL DEPOSIT. The Permittee agrees, in accoradance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$3,968.95 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Section 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut-over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
The permittee will be required to relocate and mark allotment
ownership lines. The permittee agrees that she will leave the
boundaries and corners of the sale area clearly marked at the completion
of this permit.
By agreement with the State of Washington, said State may represent
the Bureau of Indian Affairs in matters regarding fire protection of
Indian lands, and is authorized to act for the Bureau in such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Hazel Jones, sole owner Date: 680304
APPROVED: A. W. GALBRAITH Title: Assistant Area Director Date:
680322
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13 APPEALS. The Permittee may appeal in writing any action taken in
connection with this permit. Appeals from actions by the Superintendent
or a forest officer shall be directed through the Superintendent to the
Area Director. Decisions by the Area Director may be appealed through
the Area Director to the Commissioner of Indian Affairs. Decisions by
the Commissioner may be appealed through the Commissioner to the
Secretary of the Interior in accordance with the rules and regulations
as may from time to time be prescribed. Appeals shall be made within 30
days of the action or decision being appealed, unless the Permittee
furnishes reasons satisfactory to the officer receiving the appeal for
granting a longer period of time, in which case the officer may extend
the period for such length of time as he deems reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Files shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
17. TRANSPORTATION FACILITIES.
17(a) Right,-of-Way. The Permittee shall be responsible for
obtaining any necessary rights-of-way across lands not owned solely by
the Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
road location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
the Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the law of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employee and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employee are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression including those insurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs insurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by set or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT SIMMONS JONES ALLOTMENT NO. 905 SPECIAL
ALLOTMENT CUTTING PERMIT QUINAULT RESERVATION, WASHINGTON
Introduction:
Mrs. Hazel Jones, owner of Quinault allotment No. 905, has requested
that a Special Allotment Timber Cutting Permit be issued to her for the
harvesting of timber on the allotment. The allotment is in the
northwest portion of the reservation known as the Queets Unit. Mrs.
Jones has no logging equipment of her own, and consequently plans to
contract for the logging of her timber with persons presently engaged in
the logging business.
Description of Area and Stand:
SE1/4NE1/4 Section 8, Township 23 North, Range 12 West, Willamette
Meridian, Washington
A virgin stand of timber composed of 58 percent western redcedar, 25
percent western hemlock, and 17 percent Pacific silver fir and other
species. The topography is steep for the most part. A tributary of
Wolf Creek crosses the area providing good drainage. The slopes of this
canyon are steep, while the rest of the area is relatively level. The
soil is a gravelly clay loam. The allotment is approximately 63 miles
from the Grays Harbor marketing area. Approximately 57 miles of this
over a paved highway and six miles over gravelled logging roads.
Current Market Conditions:
The demand for logs on the GraysHarbor market has remained steady
during the past year. The weighted average for all sales in the
Grays-Willapa Harbors District shows a drop in price for all grades and
species during the 2nd quarter of 670000, and for some species and
grades this continued into the 3rd quarter. However, some grades showed
an increase in the 3rd quarter. This increase was probably due to the
prolonged fire closures in effect during the summer. This increase in
log price was more pronounced during the 4th quarter of the year when
most of the prices for all grades were over those for the 2nd quarter
and in some instances over those for the 1st quarter. Export sales
alone for this district show a gradual and steady increase for most of
the grades for all species during the entire year. Cedar, hemlock and
silver fir show an increase over the whole year. For the entire year of
1967, approximately 64 percent of the volume was export sales, 28
percent water sales, and 8 percent inland sales. The No. 2 grade sawlog
made up the greatest volume going into the export market. The pulpwood
market for this area remains at a steady level.
Appraisal of Stumpage Values:
The appraisal is based on log prices quoted by the Industrial
Forestry Association, Grays-Willapa Harbors District, 4th Quarter
670000.
APPRAISAL SUMMARY
Simmons Jones LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY
Simmons Jones Logging Unit Quinault Reservation Allottee & No.
Simmons Jones, Q. 905 Cruiser Gustavson and Hurd Legal Desc. SE1/4 NE1/4
Section 8, Township 23 North, Range 12 West, W.M., Washington Date
Cruised 650525 Min. Merch. 12" D.B.H., 8" top D.I.B., or est. min.
merch. ht. Per Cent Cruise 30 Sampling Error 10.247% Coefficient of
Variation 42.320% Vol. per Acre (Merch.) 41,938 Merch. Acreage 32
Non-Merch. Acreage 8
Table not keyed, see original
Remarks: Under Section 3 of the permit, we have eliminated all
mention of the diameter limit, so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest product.
LOG VALUES
Table not keyed, see original
#Log Prices from 4th Quarter 670000, Grays-Willapa Harbors District,
IFA, weighted average all sales.
LOGGING COSTS
Simmons Jones LOGGING UNIT Quinault RESERVATION
I. LOGGING AND OVERHEAD
.1 Direct Logging Costs
Table not keyed see original
.2 Logging Overhead Costs
Table not keyed see original
.3 Contractual Costs
Table not keyed see original
II. TRANSPORTATION
.1 Truck haul (63 miles to Port of Grays Harbor, Wash.)
Table not keyed see original
Note:
Direct logging and overhead costs are average costs obtained from
operators on or near the Quinault Reservation (copies on file at Agency
and Area Offices). Transportation costs based on Washington Utilities
and Transportation Tariff 4-A, effective 671120. Fire protection costs
are average USFS Region 6, effective 670800.
11. TRANSPORTATION (continued) .06 Avorage load @.065/log:
Table not keyed, see original
#Factor used to adjust truck hauling costs from gross to net scale
When computing hauling costs on the basis of Washington State Formula
(Ref. R6-TM-179).
Notes:
Sorting costs: See 670000 Crena Greek and Taholah Unit Revaluation
Reports. Road maintenance calculated on USFS average rate of .10/M/Mib.
Table not keyed, see original
Notes:
Road engineer's estimate of road construction costs: 10 stations
@250 per station = $2,500. $2,500 divided by 1,342 MBM = $1.86/M.
Determination of Stumpage Values:
Calculation of stumpage values are based on the following formula: S
= V/1.op - c
1. Western redcedar: $73.61/1.10 - $38.07 $28.85/M
2. Western hemlock: $77.26/1.08 - $35.96 $35.58/M
3. Pacific silver fir and other species: $63.90/1.08 - $35.67
$23.50/M
An allowance of eight (8) and ten (10) percent is considered adequate
to allow in operator a margin for reasonable profit. Such factors as
market conditions, type of timber and demand have been taken into
consideration in arriving at the margin for profit and risk.
Recommended Stumpage Values:
1. Western redcedar $28.85/M
2. Western hemlock: $35.60/M
3. Pacific silver fitr and other species $23.50/M
Total Value of Forest Products:
1. Western redcedar: 782 mbm @$28.85/M = $22.560.70
2. Westrn hemlock: 328 MBM @$35.60/M = $11,676.80
3. Pacific silver fir & other species : 232 MBM @$23.50/M =
$5,452.00
Total 1,342 MBM $39,689.50
Recommendations:
It is recommended that the above values be accepted as the appraised
value of the timber on the subject tract.
Date: 680216
(Sgd) John W. Palmer. Forester
Date: 680216
CONCUR: Sdg. Don W. Clark Forest Manager
Date: 680219
APPROVED: (Sgd.) George M. Felshaw Superintendent
STATISTICAL ANALYSIS
Computation not keyed, see original
PROPERTY OF: Simmons Jones Q905
Section SENE 8 Township 23N Range 12W, W.M.
Maps not keyed, see original
HEL-012-1821-1836
HEL-012-1819-1836
FELSHAW, G M W WASH AGENCY
680403
CORRESPONDENCE
CLARK, D W W WA AGENCY
Forestry-339.2 Q-1-67
Western Washington Agency Hoquiam Field Station Post Office Bldg.,
P.O. Box 120 Hoquiam, Washington 98550 680403
Mr. George Nagle 1584 North Prescott St. Portland, Oregan 97217
Dear Mr. Nagle:
In accordance with your request, the expiration date of your Special
Allotment Timber Cutting Permit No. Q-1-67 has been extended to 681231.
You should make every effort to see that all operations are completed by
that date.
In your letter requesting extension of time on the permit, you
discussed insurance and liability of parties you have engaged to assist
you in the removal of the timber. We wish to point out that the permit
is written to you, and you are responsible for compliance with the terms
of the permit. The matter of insurance and liability should be resolved
between you and your logging contractor.
Sincerely yours,
Sgd. Don W. Clark Forest Manager
cc: Branch of Forestry, PAO (2)
HEL-012-1837-1837
HEL-012-1837-1840
NAGLE, G
690401
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690401
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 680325, enclosed a request from Mr. Ralph A. Nagle
for an extension on his Special Allotment Timber Cutting Permit No.
Q-1-67.
You recommend that the permit be extended to 681231, and cite the
Raft River fire shutdown and wet water conditions as reasons for your
recommendations.
We note in the third paragraph of his letter dated 680320, that Mr.
Nagle discusses insurance and liability of Mr. Will Sanders and Mr.
Erkki Haspa, loggers. It should be made clear to Mr. Nagle that the
permit is written to him and he is responsible for compliance with the
terms of the permit.
You may advise Mr. Nagle that Special Allotment Timber Cutting Permit
No. Q-1-67, covering removal of timber from his Quinault Allotment No.
2036 is extended to 681231.
Please send us two copies of your letter to Mr. Nagle.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director (Economic Development)
cc: Hoquian Subagency Commissioner, Attn. Br. of Forestry
HEL-012-1838-1838
HEL-012-1837-1840
FELSHAW, G M W WASH AGENCY
680325
CORRESPONDENCE
BENEDETTO, J P US DOI BIA
Forestry-339.2 Q-1-67
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
680325
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Dear Mr. Baldwin:
Enclosed is a copy of a letter from Mr. Ralph A. Nagle, requesting an
extension on his Special Allotment Timber Cutting Permit No. Q-1-67,
covering the removal of timber from the George Nagle allotment No.
2036, on the Quinault Reservation. Mr. Nagle is sole owner of the
allotment.
The Raft River fire last summer forced a shutdown of operations until
the fall weather arrived. The winter weather was so wet operations were
again curtailed.
The timber on this tract is low grade cedar, primarily good for the
manufacture of shakeboards. Since favorable weather occurs during the
summer months, an extension of the permit would be necessary to conduct
salvage operations of the logging debris and to salvage any merchantable
material damaged by the fire.
It is recommended that the permit be extended to 681231.
Sincerely yours,
John B. Benedetto Acting Superintendent
Enclosure
HEL-012-1839-1839
HEL-012-1837-1840
BALDWIN, D M BIA PORTLAND
680320
CORRESPONDENCE
NAGLE, R A
RECEIVED
680322
1584 N. Prescott St. Portland, Oregon 97217
Mr. Donald Clark Bureau of Indian Affairs Post Office Box 120
Hoquiam, Washington 98550
Dear Sir:
Regarding application for extention of the time for the Special
Allotment Timber Cutting Permit No. Q-1-67, George C. Nagle allotment
No. 2036, Quinault Reservation.
Mr. Will Sanders, the logger who bought the timber from me, has
indicated a need for more time for the removal of salvage from the
allotment. Apparently he intends subcontracting this operation to
another party; because of swampy terrain this would best be
accomplished during the summer months.
Mr. Sanders is also aware that he or anyone he sub-contracts to will
operate during this time extention under the same agreement as the
original Special Allotment Timber Cutting Permit timber sale was made
which included the purchase by the logger of fire and liability
insurance. Mr. Sanders and Mr. Erkki Haapa, or either of them, loggers,
shall remain personally liable for the full performance of the orginal
agreement. Mr. Sanders is also aware that no logging, cutting or
removal operations are to begin until proof to your office and to me of
the purchase of said insurance has been made.
I request an extention of time for the removal of salvage from the
George C. Nagle allotment No. 2036, Special Allotment Timber Cutting
Permit No. Q-1-67.
Yours Sincerely, Ralph A. Nagle.
HEL-012-1840-1840
HEL-012-1837-1840
CLARK, D BIA
680401
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-4-68
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
680401
Mrs. Florence M. Johnson Box 569 South Bond, Washington 98586
Dear Mrs. Johnson:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-4-68, covering your allotment No. 1804, located on the Quinault
Reservation. Since the required fees have been deposited with the
Agency, operations under the permit may begin at any time.
Sincerely yours,
Sgd Don W. Clark Forest Manager
Enclosure cc: Branch of Forestry, PAO (2)
HEL-012-1841-1841
HEL-012-1841-1857
JOHNSON, F M
680322
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
IN REPLY REFER TO:
Forestry 63-4-18 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680322
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680319, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-4-68, signed by Mrs. Flora Funk Johnson, sole owner of Allotment No.
1804, Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $9,585.05, have been
deposited at the agency.
We are approving the permit and returning the original and two copies
to Hoquiam for distribution. We have retained one copy for our files
and one copy will be sent to the Washington Office. Please send us two
copies of your transmittal letter to the permittee.
Sincerely yours,
A. W. Galbraith Assistant Area Director (Economic Development)
cc: Hoquiam Subagency w/enclosures (2) Commissioner, Attn. Branch of
Forestry w/enclosures (3)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-4-68
Allotment No. 1804, Quinault Indian Reservation
1. AUTHORITY. This permit is issued under the authority of Section
8 of the Act of 100625 (25 U.S.C.406) and the regulations contained in
25 CFR 141.
2. TIMBER TO BE CUT. Permission is hereby granted to Florence Funk
Johnson hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the W1/2NE1/4 Section 9, Township
North, Range 12 West, Willamatte Meridian, Washington to cut and sell
the timber shown below which has been designated for cutting by the
Bureau of Indian Affairs:
Table not keyed, see original
The volumes shown above are estimates only and are not guranteed.
The cutting authority of this permit cover the trees that have been
designated regardless of whether the actual volume is more or less than
the above estimates. This permit shall not be construed to require the
Permittee to cut all of the designated timber.
3. DESIGNATED OF TIMBER FOR CUTTING. The timber which may be cut
under this authority includes all of the merchantable live and all of
the merchantable dead timber, standing or fallen, within the boundaries
of the allotment is designated for clear-cutting. The objective is the
harvest cutting of mature and over-mature timber and the salvage of dead
and down timber.
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 690331, unless the permit is extended by the
approving after receipt of a request by the Permittee setting forth
reasons for the extension which are satisfactory to the Approving
Officer. Requests must be made in writing through the Superintendent
prior to the expiration date.
5. ADMINISTRATIVE EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $3,193.02 representing 5 percent
of the total estimated stumpage value of the timber authorized for
cutting, as shown in Section 2, to cover all or part of the
administrative expenses incurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payments shall be made #in full prior to the
approval of this permit Payments other than in cash shall be drawn
payable to the Bureau of Indian Affairs.
#Delete one payment option.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$6,390.03 furnished to the Superintendent prior to the approval of this
permit may be used by the Approving Officer, in his discretion, for
planting or other work to offset damage to the land or timber caused by
the Permittee's failure to comply with the provisions of this permit.
The deposit shall be returned to the Permittee upon satisfactory
completion of the permit.
7. CONDITIONS OF PERMIT. The Permittee agrees to conduct all
operations under this permit in accordance with the provisions stated
herein, including those in Sections 11 through 19. Failure of the
Permittee to comply with the provisions of this permit shall be
sufficient cause for the Approving Officer to revoke this permit and to
refuse approval of additional permits.
8. SLASH AND SNAG DISPOSAL.
a. Slash - Not applicable.
b. Snag Disposal - The permittee shall fell all unmerchantable trees
within the area cut-over, which are 14 inches or more in diameter at
breast height and 16 feet or more in total height. Snag felling shall
be completed as soon as practicable and before the expiration date of
this permit.
9. SPECIAL PROVISIONS.
a. The permittee will be required to relocate and mark allotment
ownership lines. The permittee agrees that she will leave the
boundaries and corners of the sale area clearly marked at the completion
of this permit.
b. By agreement with the State of Washington, said State may
represent the Bureau of Indian Affairs in matters regarding fire
protection of Indian lands, and is authorized to act for the Bureau in
such matters.
10. EFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Florence Funk Johnson Permittee Florence Funk Johnson Date:
680306
APPROVED: A. W. GALBRAITH Title: Assistant Area Director Date:
680322
11. DEFINITIONS. As used in this permit:
11(a) "Approving Officer" means the officer of the Bureau of Indian
Affairs who approves this permit, or his authorized representative.
11(b) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the permit area, or
his authorized representative.
11(c) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the permit area.
12. PROHIBITION AGAINST ASSIGNMENT. The Permittee may hire other
persons to assist him in operations under this permit or may contract
with other parties for the performance of operations. The authority
granted by this permit cannot be assigned to another party, however, and
the Permittee shall remain responsible for compliance with the
provisions of this permit and shall be liable for any damages arising
from failure to comply with the provisions.
13. APPEALS. The Permittee may appeal in writing any action taken in
connection with this permit. Appeals from actions by the Superintendent
or a forest officer shall be directed through the Superintendent to the
Area Director. Decisions by the Area Director may be appealed through
the Area Director to the Commissioner of Indian Affairs. Decisions by
the Commissioner may be appealed through the Commissioner to the
Secretary of the Interior in accordance with the rules and regulations
as may from time to time be prescribed. Appeals shall be made within 30
days of the action or decision being appealed, unless the Permittee
furnishes reasons satisfactory to the officer receiving the appeal for
granting a longer period of time, in which case the officer may extend
the period for such length of time as he deems reasonable.
14. UTILIZATION. The Permittee is expected to utilize timber cut
under this authority as completely as practicable.
15. LOGGING REQUIREMENTS.
15(a) Logging Methods. The Permittee's logging methods shall avoid
unnecessary damage to reserved trees and young growth. The operation of
all logging equipment shall be subject to such reasonable restrictions
as the Officer in Charge may prescribe.
15(b) Protection of Streams. All logging and road construction
operations shall be so conducted as to minimize, as far as practicable,
any damage to the stream course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
stream without the prior approval of the Officer in Charge and all
debris caused by logging or road construction operations shall be
removed from streams designated by the Officer in Charge. Streams shall
not be polluted by sawdust, oil or other refuse. In this subsection,
"streams" shall include both flowing and intermittent water courses.
15(c) Soil Erosion. All practicable precautions shall be taken in
logging and road construction operations to minimize soil erosion and
damage to the soil. Soil and water conditions in natural moist meadows
shall be protected. Where soil is particularly susceptible of erosion,
the Permittee may be required to take reasonable and practicable
measures to prevent the gullying of roads and skid trails. The Officer
in Charge, after consultation with the Permittee, may suspend tractor
operations in whole or in part for such periods as he may deem necessary
to avoid excessive damage when ground conditions are unfavorable.
16. SLASH AND SNAGS.
16(a) Slash Disposal. Slash, including limbs, tops, damaged young
growth and all other material up to 4 inches in diameter resulting from
Permittee's operations, shall be disposed of by the Permittee as
provided in Section 8 of this permit. When slash burning is required,
the Permittee will lop and pile all slash compactly. Piles shall be
placed a sufficient distance from reserved trees and reproduction to
prevent unnecessary damage in burning. The Permittee shall burn slash
in such a manner and at such times as the Officer in Charge may direct.
The Permittee shall make every effort to control and suppress all fires
which may spread from his slash burning operations and shall be liable
for any damages to timber or other property of other Indians or the
Government resulting from the Permittee's carelessness or negligence in
the execution of instructions from the Officer in Charge.
16(b) Snag Felling. When required in Section 8 of this permit, the
Permittee shall fell all unmerchantable trees, within the area cut over,
which are 14 inches or more in diameter at breast height and 16 feet or
more in total height. Snag felling shall be completed as soon as
practicable and before the slash is burned, if burning is required.
Release 53-6, 2-23-60
17. TRANSPORTATION FACILITIES.
17(a) Right-of-Way. The Permittee shall be responsible for obtaining
any necessary rights-of-way across lands not owned solely by the
Permittee. Rights-of-way across Indian lands will be subject to
applicable regulations.
17(b) Road Construction. The location and design of all roads
constructed by the Permittee shall minimize damage to Indian lands
including this allotment. The Superintendent may require approval of
raod location and design before construction begins.
17(c) Road Maintenance. All roads and trails which are designated by
Officer in Charge as being necessary for the administration and
protection of Indian lands shall at all times be kept free of
obstructions resulting from the Permittee's operations. Bureau of
Indian Affairs roads are open to public use but may be closed for
reasons of public safety, fire prevention or suppression, fish and game
protection or to prevent damage to unstable roadbeds. During any period
in which the Permittee uses Bureau of Indian Affairs roads he shall
maintain such roads, in proportion to his share of use, as determined by
agreement between the Permittee and the Superintendent. In the event of
disagreement, the determination shall be made by the Approving Officer.
18. FIRE PREVENTION AND SUPPRESSION.
18(a) Fire Precautions. The Permittee shall furnish and maintain in
good and serviceable condition such fire fighting tools and equipment,
provide such fire protection personnel and take such fire prevention
measures as may be required by the Superintendent to meet the fire
protection requirements of the permit and the existing fire danger. The
requirements shall not be less than are required under the laws of the
State in which the permit area is located.
18(b) Fire Suppression. The Permittee shall take immediate and
independent initial fire suppression action on all fires on the area
covered by this permit and shall use all necessary manpower and
equipment at his disposal, including the employees and equipment of his
subcontractors engaged on or near the permit area in construction or in
logging or removing timber. When called upon by the Officer in Charge,
the Permittee shall make available any or all of his manpower and
equipment, including that of his subcontractors, for hire by the Bureau
of Indian Affairs and to work under the direction of any authorized
employee of the Bureau of Indian Affairs in the suppression of any fire
on or threatening Indian lands.
18(c) Fire Suppression Costs.
(1) Permittee Fires. If the Permittee or his employees are
responsible by act or neglect for the origin or spread of a fire,
hereinafter called a Permittee fire, the Permittee shall pay all costs
of fire suppression, including those incurred by the Bureau of Indian
Affairs.
(2) Non-Permittee Fires. The Permittee shall be reimbursed at rates
established by the Bureau of Indian Affairs for his costs incurred in
suppressing fires for which the Permittee or his employees are in no way
responsible by act or neglect, hereinafter called non-Permittee fires.
18(d) Liability for Fire Damage. The Permittee shall pay for all
damages caused by a Permittee fire to timber or any other property of
other Indians or the Government in an amount determined by the Approving
Officer. The Permittee shall not be held liable for damages caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trails and other improvements which have been
placed on this allotment by other parties with the consent of the
Permittee. The Permittee shall promptly repair such improvements,
whenever they are damaged by the Permittee's operations under this
permit, to as good condition as before the damage. Damage which cannot
be repaired shall be paid for by the Permittee in an amount to be
determined by the Approving Officer.
FOREST OFFICER'S REPORT FLORENCE FUNK ALLOTMENT NO. 1804 SPECIAL
ALLOTMENT CUTTING PERMIT QUINAULT RESERVATION, WASHINGTON
Introduction:
Mrs. Florence Funk Johnson, owner of Quinault allotment No. 1804, has
requested that a Special Allotment Timber Cutting Permit be issued to
her for the harvesting of timber on her allotment. The allotment is in
the northwest portion of the reservation, known as the Queets Unit.
Mrs. Johnson has no logging equipment of her own, and consequently plans
to contract for the logging of her timber with persons presently engaged
in the logging business.
Description of Area and Stand:
W1/2NW1/4 Section 9, Township 23 North, Range 12 West, Willamette
Meridian, Washington
A virgin stand of timber, composed of 77 percent western redcedar, 14
percent western hemlock and 9 percent Pacific silver fir and other
species. The topography is mainly steep, with slopes up to 60 percent.
The soil is a gravelly clay loam of medium depth, with good drainage.
The allotment is located approximately 63 miles from the Grays Harbor
area. Approximately 57 miles of this is over a paved highway and six
miles over logging roads.
Current Market Conditions:
The demand for logs on the Grays Harbor market has remained steady
during the past year. The weighted average for all sales in the
Grays-Willapa Harbors district shows a drop in price for all grades and
species during the 2nd quarter of 670000, and for some species and
grades this continued into the 3rd quarter. However, some grades showed
an increase in the 3rd quarter. This increase was probably due to the
prolonged fire closures in effect during the summer. This increase in
log price was more pronounced during the 4th quarter of the year when
most of the prices for all grades were over those for the 2nd quarter
and in some instances over those for the 1st quarter. Export sales
alone for this district show a gradual and steady increase for most of
the grades for all species during the entire year. Cedar, hemlock and
silver fir show an increase over the whole year. For the entire year of
670000, approximately 64% of the volume was export sales, 28% water
sales and 8% inland sales. 2 grades sawlog made up the greatest volume
going into the export market, the pulpwood market for this area remains
at a steady level.
Appraisal of Stumpage Values:
The appraisal is based on log prices quoted by the Industrial
Forestry Association, Grays-Willapa Harbors District, 4th Quarter
670000.
APPRAISAL SUMMARY
Florence Funk LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY
Florence Funk Logging Unit Quinault Reservation
Allottee & No. Florence Funk, Q. 1804 Cruiser Gustavson and Schneff
Legal Desc. W 1/2 NW 1/4 Section 9, Township 23 North, Range 12 West,
W.M., Washington Date Cruised 670220 Min Merch. 12" D.B.H., 8" top
D.I.B. or est. min. merch. ht. Per Cent Cruise 20% Sampling Error
12.3% Coefficient of Variation 51.4 Vol. per Acre (Merch.) 43,607 Merch.
Acreage 56 Non-Merch. Acreage 24
Table not keyed, see original
Remarks: Under Section 3 of the permit, we have eliminated all
mention of the diameter limit, so the permittee may utilize any material
suitable for cordwood or pulpwood consistent with existing markets for
this type of forest product.
LOG VALUES
Table not keyed, see original
#Log Prices from 4th Quarter 1967, IFA - Grays-Willapa Harbors
District, weighted average all sales.
LOGGING COSTS
Florence Funk LOGGING UNIT Quinault RESERVATION
1. LOGGING AND OVERHEAD
1. Director Logging Costs
Table not keyed see original
.2 Logging Overhead Costs
Table not keyed see original
.3 Contractual Costs
Table not keyed see original
11. TRANSPORTATION
.1 Truck haul (63 miles to Port of Grays Harbor)
Table not keyed see original
Notes: Direct logging and overhead costs are average costs obtained
from operators on or near the Quinault Reservation (copies on file at
Agency and Area Offices). Transportation costs based on Washington
Utilities and Transportation Tariff 4-A, effective 671120. Fire
protection costs are average USFS Region 6, effective 670800.
11. TRANSPORTATION (continued) .06 Average load @.065/log:
Table not Keyed, see Original
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of Washington State Formula
(Ref. R6-TM-179).
Notes:
Maintenance at rate of .10/M/Mile. Sorting costs: See 670000 Crane
Creek and Taholah Unit Revaluation Reports.
Table not Keyed, see Original
Notes:
Road engineer's estimate of road construction: 30 stations @$250.
per station = $7,500. $7,500 divided by 2,442 MBM = $3.07/M.
Determination of Stumpage Values:
Calculation of stumpage values are based on the following formula: S
= V/1.op - c
1. Western redcedar:
Table not keyed, see original
2. Western hemlock:
Table not keyed, see original
3. Pacific silver fir and other species:
Table not keyed, see original
An allowance of eight (8) and ten (10) percent is considered adequate
to allow an operator a margin for reasonable profit. Such factors as
market conditions, type of timber and demand have been taken into
consideration in arriving at the margin for profit and risk.
Recommended Stumpage Values:
Table not keyed, see original
Total Value of Forest Products:
Table not keyed, see original
Recommendations:
It is recommended that the above values be accepted as the appraised
value of the timber on the subject tract.
Date: 680216
(Sgd) John W. Palmer Forester
Date: 680216
CONCUR: Sgd. Don W. Clark Forest Manager
Date: 680210
APPROVED: (Sgd.) George M. Felshaw Superintendent
Checked By M McGill Date 630225
Checked By (ILLEGIBLE) Date 630301
STATISTICAL ANALYSIS
Computitions not Keyed, see original
RESERVATION Quinault LOGGING UNIT
PROPERTY OF/OR BLOCK NO. Florence Funk Q 1804 W/2 NW/4
SECTION 9 TOWNSHIP 23 N RANGE 12 W
Map not Keyed, see original
HEL-012-1842-1857
HEL-012-1841-1857
FELSHAW, G M W WASH AGENCY