680322
CORRESPONDENCE
BENEDETTO, J B W WASH AGENCY
Forestry-339.2 Q-3-67
680322
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
Mrs. Josephine M. Robinson Taholah, Washington 98587
Dear Mrs. Robinson:
Enclosed is copy of Certificate of Completion, covering your
operations under Special Allotment Timber Cutting Permit No. Q-3-67.
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 $453.60, is being refunded under separate cover.
Sincerely yours,
(Sgd) John B. Benedetto Acting Superintendent
Enclosure
cc: Branch of Forestry, PAO (2)
HEL-012-1858-1858
HEL-012-1858-1861
ROBINSON, J H
680318
CORRESPONDENCE
HASSIG, E US DOI BIA PORTLAND
Forestry 63-4-18 - 339.5 Cutting Permit
680318
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 680313, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-3-67 which was issued to Mrs. Josephine H.
Robinson. 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. Robinson 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 $453.60.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours,
ELMER HASSIG Acting Assistant Area Director (Economic Development)
cc: Hoquiam Subagency Commissioner, Attn. Branch of Forestry
w/enclosures (2)
Form 5-500a (Face)
660300
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureas of Indian Affairs
STATEMENT OF COMPLETION OF TIMBER CONTRACT SPECIAL ALLOTMENT PERMIT
Agency Western Washington
Reservation Quinault
Date of Final Report 680131
Timber Sale Area Josephine Hyasman (Robinson)
Purchaser Josephine Hyasman (Robinson)
Contract No. Q-3-67
Contract Approved 670512
Contract Expiration Date 680430
Land Status: Allotted
Allotment No. 517
Name of Allottee Josephine Hyasman
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.
Josephine Hyasman Robinson Taholah, Washington
680307
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
680308
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.
(ILLEGIBLE)
Acting Superintendent
680313
Form 5-500a (Back)
660300
SUMMARY OF OPERATIONS REPORT
Table not Keyed, see Original
One Summary will be prepared for each timber sale, except that no
Summary is required when there is only one scaling unit in a timber sale
area. Indicate on the form the copy on which the Summary appears. When
contract provides for adjustment of stumpage rates the Unit Rate will be
the Average Rate.
HEL-012-1859-1861
HEL-012-1858-1861
FELSHAW, G M W WASH AGENCY
680322
CORRESPONDENCE
GALBRAITH, A W US DOI BIA
RECEIVED 680325
Forestry 63-4-18 - 339.5 Cutting Permit
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)
RECEIVED
WESTERN WASH. INDIAN AGENCY HOQUIAM, WASH.
680307
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 W1/2NW1/4 Section 9, 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 is designated for clear-cutting. The objective is the
harvest cutting of mature and 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 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 $3,195.02 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 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
$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. EFFECTIVE 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: (ILLEGIBLE) Title: Assistant Area Director Date: 690322
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 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
applicabel 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 up 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 rate
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-012-1862-1874
HEL-012-1862-1874
FELSHAW, G M W WASH AGENCY
680313
CORRESPONDENCE
BR OF FORESTRY PAO
RECEIVED 680415 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
680313
SUBJECT Special Allotment Timber Cutting Permit No. Q-2-68 Western
Washington Agency
HEL-012-1875-1875
HEL-012-1875-1892
COMM US DOI BIA BR OF FORESTRY
680312
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry 339.2 Q-2-68
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
680312
Mr. Francis A. Rose Route 4, Box 4012 Wapato, Washington 98951
Dear Mr. Ross:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-2-68, covering your allotment No. 2152, 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,
Sdg. Don W. Clark Forest Manager
Enclosure
cc: Branch of Forestry, PAO (2)
HEL-012-1876-1876
HEL-012-1875-1892
ROSE, F A
680307
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
680307
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680229, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-2-68, signed by Mr. Francis A. Ross, sold owner of Allotment No. 2152,
Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $638, 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 (3) Commissioner, Attn. Br. of
Forestry w/enclosures (3)
Recommendations:
It is recommended that the above values be accepted as the appraised
values for timber on the subject tract.
Date: 680117
Onnie E. Paakkonen Forester
Date: 680118
CONCUR: Sgd. Don W. Clark Forest Manager
Date: 680119
APPROVED: (Sgd) John B. Benedetio Acting Superintendent
Checked By M. McGill Date 680612
Checked By (ILLEGIBLE) Date 680127
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-2-68
Allotment No. 2152, 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 Francis A.
Ross hereinafter called the Permittee, sole owner of the allotment shown
above which is described as the SW1/2NW1/2 Section 34, Township 23
North, Range 12 West, Willamette Maridian, 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 690228, 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 $212.67 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# of 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
$425.33 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 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: Permittee Francis A. Ross
APPROVED: A. W. GALBRAITH Title: Assistant Area Director Date:
680307
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 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 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, Piles shall be
placed a sufficient distances 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 SPECIAL ALLOTMENT TIMBER PERMIT FRANCIS A.
ROSS, AL. NO. 2152 QUINAULT RESERVATION
Introduction:
Mr. Francis A. Ross has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on his
allotment No. 2152. This allotment is located in the Northwest portion
of the Quinault Reservation known as the Queets Unit. Mr. Ross owns no
logging equipment, and consequently plans to contract the logging of his
timber with persons presently logging in the vicinity of his allotment.
Description of Area and Stand:
The allotment is described as follows:
SW1/4NW1/4 Section 34, Township 23 North, Range 12 West, Willamette
Meridian, Washington
This allotment is approximately 60 miles north of Grays Harbor, in
the Raft River drainage. Access to the area is 53 miles over Highway
101, then seven (7) miles over private logging roads. The timber stand
consists of old growth timber. Western redcedar comprises 73% of the
volume, Sitka spruce comprises 2%, and western hemlock and other species
25 percent. Topography is level, with poor to swampy drainage. The
soil is a gravelly clay loam of shallow depth. The timber is of low
quality occupying a IV Site Class.
Current Market Conditions:
The demand for logs in the Grays Harbor market has remained steady
for the last year. The export market is good and the export type log is
easily sold. The pulpwood market is good in both sawlogs and cordwood.
Shingle and shake business slacked off, but has currently picked up to a
brisk business. During the third quarter of 670000, 56 percent of all
IFA reported sales were to export, 36 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, 3rd
Quarter 1967, for all sales.
APPRAISAL SUMMARY
Francis A. Ross LOGGING UNIT, Quinault RESERVATION
Table not keyed see original
CRUISE SUMMARY
Francis A. Ross Logging Unit Quinault Reservation
Allottee & No. Francis A. Ross, Q. 2152 Cruiser Gustavson and Schneff
Legal Desc. SW1/4 NW1/4 Section 34, Township 23 North, Range 12 West,
W.M., Wash.
Dateed Cruised 671204 Min. Meerch. 12" D.B.H., 8" top D.I.B., or est.
min. merch. ht.
Per Cent Cruise 40% Sampling Error 9.6% @ 2 S.D.
Coefficient of Variation 55.8%
Vol. per Acre (Merch.) 11,500 Merch. Acreage 40
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 I.F.A. weighted average log values, all sales, 3rd
Otr. 670000, Grays-Willaps Harbors District.
LOGGING COSTS
Francis A. Ross LOGGING UNIT Quinault RESERVATION
1. 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
11. TRANSPORTATION
Table not keyed see original
Notes: Falling, bucking and yarding costs have been increased by 15
percent because of the scattered nature of the timber and low volume per
acre. 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 670000.
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 calculated on Forest Service average rate of
.10/M/Mile.
Table not keyed see original
Notes:
Road engineer's estimate of road construction costs: 15 stations at
$250 per atation = $3,750. divided by 458 MBM = $8.19/MBM.
Calculation of Stumpage Rates:
Calculation of stumpage values was made on basis of following
formula:
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: (rounded to nearest five cents)
Table not keyed see original
Total Value of Forest Products:
Table not keyed see original
RESERVATION Quinault
PROPERTY OF/OR BLOCK NO. F. Amos Ross Q 2152
Section SW/L, NW/4 34 TOWNSHIP 23N RANGE 12W
Table not keyed see original
STATISTICAL ANALYSIS
Computation not keyed see original
HEL-012-1877-1892
HEL-012-1875-1892
FELSHAW, G M W WASH AGENCY
680219
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
680221
Form 5-388
530700
U. S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Regular Mail
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
680219
SUBJECT Certificate of Completion - Special Allotment Timber Cutting
Permit 660202 Western Washington Agency
HEL-012-1893-1893
HEL-012-1893-1912
COMM DOI BIA BR OF FORESTRY
680215
CORRESPONDENCE
BENEDETTO, J B W WASH AGENCY
Forestry-339.2 Q-2-66
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
680215
Mrs. Furn Trojan Coe 318 East Feralta Way Fresno, California 93704
Dear Mrs. Coe:
Enclosed is copy of Certificate of Completion covering your operat
operations under Special Allotment Timber Cutting Permit No. Q-2-66.
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 $1,505.15, is being refunded under seperate cover.
Sincerely yours,
(Sgd) John B. Benedetta Acting Superintendent
Enclosure cc: Branch of Forestry PAO (2)
HEL-012-1894-1894
HEL-012-1893-1912
COE, F T
680212
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
680212
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680205, you submitted in duplicate the
Statement of Completion covering operations of Mrs. Furn Trojan Coe on
her Allotment No. 2249, Quinault Reservation, Washington. You report
satisfactory completion of Special Allotment Timber Cutting Permit No.
Q-2-66 and request authority to refund the special deposit in the amount
of $1,505.15.
You are hereby authorized to notify Mrs. Furn Trojan Coe that she is
relieved of any liability under the permit arising subsequent to the
date of this letter. You are also authorized to refund the special
deposit of $1,505.15 which has been held in lieu of bond.
Please furnish us with two copies of your letter to Mrs. Coe closing
the permit and we shall forward one copy to the Washington Office.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director (Economic Development)
cc: Hoquiam Subagency Commissioner, Attn. Branch of Forestry
w/enclosures (5)
Form 5-500a (Face)
660400
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 680109
Timber Sale Area Furn Trojan
Purchaser Furn Trojan Coe
Contract No. Q-2-66
Contract Approved 660614
Contract Expiration Date 670630
Land Status: Alloted
Allotment No. 2249
Name of Allottee Furn Trojan
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.
Furn Trojan Coe Fresno, California
680127
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
680201
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) George M. Felshaw Superintendent
680206
HEL-012-1895-1895
HEL-012-1893-1912
FELSHAW, G M W WASH AGENCY
660614
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
660614
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 660613, you enclosed the original and four
copies of Special Allotment Timber Cutting Permit No. Q-2-66 for Mrs.
Furn Trojan Coe, sole owner of Quinault Allotment No. 2249. You state
that Mrs. Coe has signed the permit and deposited the required fees, and
you are submitting the permit for approval.
We have examined the permit and find it to be in proper order. The
original and one copy of the approved permit are being returned to the
Hoquiam Office for proper distribution, one copy is attached to this
letter for your file, and two copies have been retained here. Please
send us two copies of your transmittal letter to Mrs. Coe.
Sincerely yours,
(Sgd) A. W. Galbraith
A. W. Galbraith Assistant Area Director (Economic Development)
Enclosure
cc: Commissioner, Attn. Br. of Forestry w/enclosures (3) Hoquiam
Subagency w/enclosures (2)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN STATES FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-2-66 Allotment No. 2249, 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 Furn E.
Trojan Coe hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the E1/2SW1/4 Section 10, 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 is designated for clear cutting. The objective is the
harvest cutting of 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 670630, 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 $752.58 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.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(e), that the deposit in the amount of
$1,505.15 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.
Slash - Not applicable.
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 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.
By agreement with the State of Washington, said State may represent
the Bureau of Indian Affairs in matters regarding the 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: Furn E. Trojan Coe Permittee Furn E. Trojan Coe Date:
660525
APPROVED: (Sgd) A. W. Galbraith Title: Assistant Area Director
Date: 680601
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
streams 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 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 i
good and servieable 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 rate
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 FURN E. TROJAN PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
Introduction:
Mrs. Furn E. Trojan Coe, sole owner of allotment No. 2249, has
requested that a Special Allotment Timber Cutting Permit be issued to
her for the harvesting of timber on her allotment described as the
E1/2SW1/4 Section 10, Township 23 North, Range 13 West, Willamette
Meridian. It is located near the Cape Elizabeth Road, approximately
one-half mile north of the South Fork of Whale Creek, in the
west-central part of the northwest portion of the Quinault Reservation,
known as the Queets Unit. Mrs. Coe will not log the timber herself, and
plans to contract for the logging to be done by persons presently
engaged in the logging business.
Description of Area and Stand:
Access is over three miles of gravel road and 63 miles over hard
surface highway to the Aberdeen-Hoquiam market area. The merchantable
timber stand is composed of a virgin stand of mixed conifers consisting
of 63 percent redcedar, 16 percent western hemlock and 21 percent
Pacific silver fir. The merchantable timber occurs on ground which is
moderately steep. The soil is a well drained gravelly clay loan in the
merchantable areas. A high-load system of logging is most suitable to
this tract of timber.
Current Market Conditions:
Log prices for all species of timber have held relatively steady in
Grays-Willapa Harbors area during the last year. The export market has
been very active. In the first quarter of 660000, approximately 43
percent of all sales reported was consigned to foreign markets. The No.
2 log grade accounts for the bulk of the volume exported, with some
volume included in the other grades. The demand for pulpwood remains
constant. Plywood and shake and shingle markets remain good.
Appraisal of Stumpage Values:
This appraisal is based on average log prices reported by the
Industrial Forestry Association, Grays-Willapa Harbors District, First
Quarter, 660000, for water, export and inland sales.
CRUISE SUMMARY
Furn E. Trojan Coe Logging Unit Quinault Reservation
Allottee & No. Furn E. Trojan Coe, Quin. 2249 Cruiser Gustavson &
Lowder Legal Desc. E1/2SW1/4 Section 10, Township 23 North, Range 13
West Willamette Meridian, Wn. Date Cruised 650610 Min. Merch. 12"
D.B.H., 8" top DIB or est. min. merch. ht. Per Cent Cruise 30%
Sampling Error 12.6% at 2 SD Coefficient at Variation 52.16 Vol. per
Acre (Merch.) 35,375 Merch. Acreage 32 Non-Merch. Acreage 48
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 markes for
this type of forest product.
APPRAISAL SUMMARY
Furn E. Trojan Coe LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
LOG VALUES
Table not keyed, see original
#Log Prices from IFA reportings, 1st Qtr. 660000 export, water and
inland sales, Grays-Willapa Harbors district.
(ILLEGIBLE)
Furn E. Trojan Coe LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
Notes:
1. Direct logging and overhead costs are average costs obtained from
five operators in Grays Harbor County (copies at Hoquiam Sub-Agency and
Area Offices).
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission, Tariff 4-A, effective 650322.
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 the Washington State
Formula (Ref. R6-TM-179).
Notes: Road maintenance computed using recommended Forest Service
average of .10/M/Mile.
Table not keyed, see original
Notes:
Road engineer's road construction estimate: 23 stations
@$200/station equals $4600. $4600. divided by 1,132 M = $4.06/MBM.
Determination of Stumpage Values:
Stumpage values were computed by use of the following formula: 5 =
V/1.op - C
1. Western redcedar:
Table not keyed, see original
2. Western hemlock:
Table not keyed, see original
3. Pacific silver fir & other species:
Table not keyed, see original
Recommended Stumpage Rates:
Table not keyed, see original
An allowance or eight (8) and ten (10) percent for profit and risk is
considered adequate to allow the operator a margin for reasonable
profit. Such factors as market conditions, type of timber and demand
for this type of timber have been considered in arriving at the margin
for profit and risk.
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 subject timber.
Date: 660513
Sgd. Onnie E Paakkonen Forester
Date: 660516
CONCUR: Sgd. Don W. Clark Forest Manager
Date: 660518
APPROVED: (Sgd) George M. Felshaw Superintendent
STATISTICAL ANALYSIS
not keyed, see original
HEL-012-1898-1898
HEL-012-1893-1912
FELSHAW, G M W WASH AGENCY
680209
CORRESPONDENCE
BR OF FORESTRY PAO
RECEIVED 680012
Form 5-388 530700
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Regular Mail
TO Commissioner
FOR ATTENTION OF: Branch of Forestry
FROM Branch of Forestry Portland Area Office
Date: 680209
SUBJECT Special Allotment Timber Cutting Permits No-2-3-66 Quinault
Reservation 2-1-68
HEL-012-1913-1913
HEL-012-1913-1930
COMM US DOI BIA BR OF FORESTRY
680207
CORRESPONDENCE
BENEDETTO, J B W WASH AGENCY
Forestry-339.2 Q-3-66
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
680207
Mr. Richard Trojan 1575 Brook Lane Corvallis, Oregon 97330
Dear Mr. Trojan:
Enclosed is copy of Certificate of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q-3-66.
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 $1,461.08, is being refunded under separate cover.
Sincerely yours,
(Sgd) John B. Benedetto Acting Superintendent
Enclosure
cc: Branch of Forestry PAO (2)
HEL-012-1914-1914
HEL-012-1913-1930
TROJAN, R
680206
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-1-68
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
680206
Mr. Frank H. Nagle 1514 No. (ILLEGIBLE) Portland, Oregon
Dear Mr. Nagle:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-1-68, covering your allotment No. 2039, 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-012-1915-1915
HEL-012-1913-1930
MAGLE, F H
680202
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
680202
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680130, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-1-68, signed by Mr. Frank H. Nagle, sole owner of Allotment No. 2039,
Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $292.71, have been deposited
at the agency.
We are approving the permit and returning the original and two copies
to the Hoquiam office as you have requested. 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,
Kenneth W. Hadley Acting Assistant Area Director (Economic
Development)
cc: Hoquiam Subagency w/enclosures (3) Commissioner, Attn. Br. of
Forestry w/enclosure (3)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-1-68
Allotment No. 2039, 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 Frank H.
Nagle hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the NW1/4SW1/4 Section 35, 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 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 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 690228, 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 $97.57 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.
6. SPECIAL DEPOSIT. The Permittee agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$195.14 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.
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.
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: Permittee Frank H. Nagle
Date: 680129
APPROVED: Kenneth W. Hadley Title: ACTING ASST. Area Director
Date: 680202
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. APPELS. 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) 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 Pemittee 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 Precautions. The Permittee shall furnish and maintain in
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 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 FRANK H. NAGLE ALLOTMENT NO. 2039 SPECIAL
ALLOTMENT CUTTING PERMIT QUINAULT RESERVATION, WASHINGTON
Introduction:
Mr. Frank H. Nagle, owner of Quinault allotment No. 2039, has
requested that a Special Allotment Timber Cutting Permit be issued to
him for the harvesting of timber on the allotment. The allotment is in
the northwest portion of the reservation known as the Queets Unit. Mr.
Nagle has no logging equipment of his own, and consequently plans to
contract for the logging of his timber with persons presently engaged in
the logging business.
Description of Area and Stand:
NW1/4SW1/4 Section 35, Township 23 North, Range 12 West, Willamette
Maridian, Washington
A virgin stand of timber composed of 59 percent western redcedar, 22
percent western white pins and 19 percent western hemlock and other
species. The topography is gentle with poor drainage. The soil is a
gravelly clay loan of shallow depth. The allotment is located
approximately 8 miles over logging roads and 46 miles over paved highway
from the Aberdeen-Hoquiam marketing area.
Current Market Conditions:
The demand for logs on the Grays Harbor market has remained good
throughtout the year. In examining the log market changes in the last
year, it is found that on the basis of a weighted average for all sales
in the Grays-Willapa Harbors District, increases are experienced in all
log grade values except in values of Peeler, No. 1 and No. 2 sawlogs in
Pacific silver fir and in the No. 2 and No. 3 sawlog grades in western
white pine. In considering export sales for the last year, increases
have been experienced in all log grades except in the No. 2 and No. 3
sawlog grades of Sitka spruce and western white pine. Of all reported
sales, 56% went to export, 36% to water sales and 8% to inland sales
during the 3rd Quarter 670000. The greatest volumes going to the export
market consists of the No. 2 sawlog grade. The pulp market in the area
is good.
Appraisal of Stumpage Values:
The appraisal is based on log prices quoted by the Industrial
Forestry Association, Grays-Willapa Harbors District, 3rd Quarter
670000.
APPRAISAL SUMMARY
Frank N. Nagle LOGGING UNIT, Quinault RESERVATION
Table not Keyed, see original
CRUISE SUMMARY
Frank N. Nagle Logging Unit Quinsault Reservation
Allottee & No. Frank N. Nagle, Q. 2039 Cruiser Gustavson and Schmeff
Legal Desc. NW1/4SW1/4 35-23-12, Willamette Meridian, Washington Dated
Cruised 670206 Min. Merch. 12" D.B.Y., 8" top DIB or est. min. merch.
ht. Per Cent Cruise 100 Vol. per Acre (Merch.) 10,174 Merch. Acreage
12 Non-Merch. Acreage 28
Table not keyed, see original
Remarks: Under Section 3 of the permit, we have eliminated all
mention of diameter limits. 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 reportings for 3rd
Qtr. 670000, Grays-Willapa Harbors District weighted average for water,
export and inland sales.
LOGGING COSTS
Frank N. Nagle LOGGING UNIT Quinault RESERVATION
1. LOGGING AND OVERHEAD
.1 Direct Logging Costs
Table not keyed, see original
.2 Logging Overhead Costs
Table not keyed, see original
.3 Constractual Costs
Table not keyed, see original
II. TRANSPORTATION
Table not keyed, see original
Notes: Falling, bucking, yarding and loading costs were increased
15% overaverage costs due to the low volumes per acre. Average costs
were obtained from 6 operators in Grays Harbor County (copies in Hoquiam
and Area Offices). Fires Protection costs are in accordance with
U.S.F.S. average estimate effective 670800. Truck hauling rates
computed according to Washington Utilities and Transportation
Commission, Tariff 4-A, effective 671120.
II. TRANSPORTATION (continued)
.06 Average load @.065/logt
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. RS-TM-179).
Notes:
Average sorting yard fees of $2.22 per MBM; prorated on basis of
percent of export logs by species for third quarter IFA reportings. See
670000 Revaluation Report Crane Creek and Taholah Units (copies in
Agency and Area Offices). Road maintenance calculated on U.S.F.S.
average rate of .10/M/Mile.
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
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 ofForest 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: 680501
Onnie E. Paakkonen Forester
Date: 680105
CONCUR: Sgd. Don W. Clark Forest Manager
APPROVED: (Sgd) John B. Benedetto Acting Superintendent
RESERVATION Quinault LOGGING UNIT Frank Nagle
PROPERTY OF/OR BLOCK NO. Frank H. Nagle Q 2039
NW/4 SW/4 SECTION 35 TOWNSHIP 23 RANGE 12
Map not keyed, see original
HEL-012-1916-1930
HEL-012-1913-1930
FELSHAW, G M W WASH AGENCY
680207
CORRESPONDENCE
BR OF FORESTRY PAO
RECEIVED
680809
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: Branch of Forestry
FROM Branch of Forestry Portland Area Office
680702
SUBJECT Extension of Time. Special Allotment Timber Cutting Permit
No. Q 16 64 Quinault Reservation
HEL-012-1931-1931
HEL-012-1931-1935
COMM US DOI BIA BR OF FORESTRY
680123
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry 339.2 Q-19-64
Western Washington Agency Hoquiam Field Station Post Office Bldg.,
P.O. Box 120 Hoquiam, Washington 98550
680123
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 680831
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-012-1932-1932
HEL-012-1931-1935
STARR, V S
671220
CORRESPONDENCE
LUNDEEN, V DOI BIA
Forestry 63-4-18 339.5 Cutting Permit
871220
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 671215, enclosed a request from Mrs. Violet Sanders
Starr for an extension of time on Special Allotment Timber Cutting
Permit No. Q 16 64 (correct number is Q 19 64), covering the cutting of
timber on Allotment No. 2174, Quinault Reservation, Washington.
You state that Mrs. Starr had difficulty with her first logger and
that the second one was progressing satisfactorily but was slowed down
by the summer fire situation and now faces difficulties in road
building. You recommend an extension of eight months to 680831.
We have reviewed the permit and the circumstances that you have
presented and are in agreement with your recommendations. Special
Allotment Timber Cutting Permit No. Q 19 64, issued to Mrs. Violet
Sanders Starr is hereby extended to 680831.
Please notify Mrs. Starr that the extension to 680831, has been
granted and send this office two copies of your letter to her.
Sincerely yours,
(Sgd.) Victor Lundeen Acting Assistant Area Director
cc: Commissioner, Attn. Br. of Forestry Hoquiam Subagency
HEL-012-1933-1933
HEL-012-1931-1935
FELSHAW, G M W WASH AGENCY
671215
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
RECEIVED
671210
Forestry 339.2 Q-16-64
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
671215
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
Enclosed is a copy of letter from Mrs. Violet Sanders Starr
requesting an extension of time on her Special Allotment Timber Cutting
Permit No. Q 16 64, covering her allotment No. 2174, on the Quinault
Reservation.
Mrs. Starr had some trouble with the operator she first contracted.
In the middle of the year, she contracted with a second logger. He
felled about one third of her timber and had logged part of it when the
Raft River fire broke out. Fortunately, the fire did not touch her
allotment, but it came within a quarter of a mile. Operations during
the fire season were suspended. Since the end of the fire season, the
operator has logged the rest of the down timber. He is now attempting
to build road to log the rest of the allotment. This area is rather
swampy, and road building in wet weather is slow and difficult.
Mrs. Starr requests an extension of eight (8) months. It is
recommended that this be granted, and the permit be extended to 680831.
Barring any extremes in weather causing closures, this should be
sufficient to complete activities.
Sincerely yours,
George M. Felshaw Superintendent
Enclosure
HEL-012-1934-1934
HEL-012-1931-1935
BALDWIN, D M US DOI BIA PORTLAND
671213
CORRESPONDENCE
STARR, V S
RECEIVED
671214
670113
Western New Indian Agency Dept of Forestry Hoquiam, Wash
Writing to request another extension for L. Kramer who is logging my
alottment no 2174 on Quest unit on a special cutting permit.
Due to dry weather and thru the summer months he is unable to
complete his logging before 001231.
So please give another extension until 000830 thru 6
Thank you
Violet Sanders Starr Rt 1 Box 4 Oakville Trash 98568
HEL-012-1935-1935
HEL-012-1931-1935
W WA AGENCY BR OF FO
680206
CORRESPONDENCE
BR OF FORESTRY
RECEIVED
680208
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 Branch of Forestry Portland Area Office
680206
SUBJECT Completion of Special Allotment Timber Cutting Permit No. 2 3
66 Western Washington Agency
HEL-012-1936-1936
HEL-012-1936-1954
COMM US DOI BIA BR OF FORESTRY
680202
CORRESPONDENCE
HADLEY, K 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
680202
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 680130, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-3-66 which was issued to Mr. Richard Trojan. 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.
We have noted that you have entered an incorrect allotment number on
the Statement of Completion. The correct Allotment Number is 2250.
After making the necessary correction, you are authorized to notify Mr.
Richard Trojan 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 performance deposit in the amount of $1,461.08.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours,
Kenneth W. Hadley Acting Assistant Area Director (Economic
Development)
ec: Hoquiem Subagancy Commissioner, Attn. Br. of Forestry
w/enclosure
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 680109
Timber Sale Area Richard Trojan
Purchaser /Richard Trojan
Contract No. Q-3-66
Contract Approved 660614
Contract Expiration Date 670630
Land Status: Allotted
Allotment No. 2249
Name of Allottee Richard Trojan
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.
Richard Trojan Corvallis, Oregon 680116
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 680118
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.
(Sdg) George M. Felshaw Superintendent 680118
HEL-012-1937-1937
HEL-012-1936-1954
FELSHAW, G M W WASH AGENCY
680614
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
680614
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 660613, you enclosed the original and four
copies of Special Allotment Timber Cutting Permit No. Q-3-66, for Mr.
Richard H. Trojan, sole owner of Quinault Allotment No. 2250. You state
that Mr. Trojan has signed the permit and deposited the required fees,
and you are submitting the permit for approval.
We have examined the permit and find it to be in proper order. The
original and one copy of the approved permit are being returned to the
Hoquiam Office for proper distribution, one copy is attached to this
letter for your file, and two copies have been retained here. Please
send us two copies of your transmittal letter to Mr. Trojan.
Sincerely yours,
(Sgd) A. W. Galbraith
A. W. Galbraith Assistant Area Director (Economic Development)
Enclosure
ec: Commissioner, Attn. Br. of Forestry w/enclosures (3) Hoquiam
Subagency w/enclosures (2)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-3-66
Allotment No. 2250, 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 Richard H.
Trojan, hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the Section 9 and Section 10, Township
23 North, Range 13 West, Williamette 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 then
the above estimates. This permit shall not be construed to require the
Permittee to cut out 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)
(ILLEGIBLE)
4. EXPIRATION DATE. The authority to cut and remove timber under
this permit shall expire on 670730, 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 Indian Agency, hereinafter called the
Superintendent, the sum of $732.54 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 35 CFR 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.
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
ILLEGIBLE 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.
Slash - Not applicable.
Snags Disposal - The permittee shall fell all unmerchantable trees
within the boundaries of 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 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.
By agreement with the State of Washington, said State may represent
the Bureau of Indian Affairs in matters regarding the 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: Permittee Richard H. Trojan
Date: (ILLEGIBLE)
APPROVED: (Sgd) A. W. Galbraith Title: Assistant Area Director
Date: 660614
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
asigned 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
streams 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 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
requirement 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 rate
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 RICHARD H. TROJAN PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
Introduction:
Mr. Richard H. Trojan, sole owner of Quinsult allotment No. 2250,
described as NE1/4SE1/4 Section 9 and NW1/4SW1/4 Section 10, both in
Township 23 North, Range 13 West, Willamette Meridan, has requested that
a Special Allotment Timber Cutting Permit be issued to him for
harvesting of timber from the allotment. It is located approximately
one-half mile north of the South Fork of Whale Creek. The North Fork of
Whale Creek bisects the west half of the allotment in a north to south
direction. The allotment is located in the west central part of the
northwest portion of the Quinault Indian Reservation known as the Queets
Unit. Mr. Trojan will not log the timber himself, and plans to contract
for the logging to be done by persons presently engaged in the logging
business.
Description of Area and Stand:
Access is over three miles of gravel road and 63 miles over
hard-surface road to the Aberdeen-Hoquiam market area. The merchantable
timber stand is composed of a virgin stand of mixed conifers consisting
of 67 percent western redcedar, 12 percent western hemlock and 16
percent Pacific silver fir, and 5 percent Sitks spruce. The
merchantable timber occurs on the moderate, well drained slopes. The
soil is a gravelly clay loam. A high-lead system of logging is most
suitable to this tract of timber.
Current Market Conditions:
Log prices for all species of timber have held relatively steady in
Grays-Willaps Harbors area during the last year. The export market has
been very active. In the first quarter of 1966, approximately 43
percent of all sales reported was consigned to foreign markets. The No.
2 log grade accounts for the bulk of the volume exported, with some
volume included in the other grades. The demand for pulpwood remains
constant. Plywood and shake & shingle markets remain good.
Appraisal of Stumpage Values:
This appraisal is based on average log prices reported by the
Industrial Forestry Association, Grays-Willapa Harbors District, First
Quarter 1966, for water, export and inland sales.
CRUISE SUMMARY Richard H. Trojan Logging Unit Quinault Reservation
Allottee & No. Richard H. Trojan, Quin. 2250 Cruiser Gustavson and
Lowder Legal Desc. NE1/4SE1/4 Section 9 and NW1/4SW1/4 Section 10,
Township 23 North, Range 13 West Date Cruised 651006 Min. Merch.
12"D.B.H., 8" top DIB or est. min. merch. ht. Per Cent Cruise 30%
Sampling Error 12.6 at 2 SD Coefficient at Variation 52.17
Vol. per Acre (Merch.) 38,750 Merch. Acreage 32 Non-Merch. Acreage 48
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 Richard H. Trojan LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
LOG VALUES
Table not keyed, see original
2103 Prices from IFA, 1st Qtr. 1966, water, export and inland sales,
Grays-Willapa Harbors District. LOGGING COSTS
Richard H. Trojan LOGGING UNIT Quinault RESERVATION
1. 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
(1) TRANSPORTATION
Table not keyed, see original
1. Direct logging and overhead costs are average costs obtained from
five operators in Grays Harbor County (copies at Hoquiam Sub-Agency and
Area Offices).
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission, Tariff 4-A, effective 650322.
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 the Washington State
Formula (Ref. R6-TM-179).
Notes: Maintenance computed using recommended Forest Service average
of .10/M/Mile.
Table not keyed, see original
Notes: Road engineer's road construction estimate: 23 stations
@$200/station equals $4600. $4600. divided by 1,240 MBM = $3.71/MBM.
Determination of Stumpage Values: Stumpage values were computed by
use of the following formula:
s- V/1.op - C
1. Western redcedar:
Table not keyed see original
Recommended Stumpage Rates: (rounded to nearest five cents)
Table 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 resonable 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.
Total Value of Forest Products:
Table not keyed, see original
Recommendations:
It is recommended that the above values be accepted as the appraised
values of the subject timber.
Date: 660513
Sgd. Onnie E. Paakkonen Onnie E. Paakkonen Forester
Date: 660503
CONCUR: Sgd. Don W. Clark Forest Manager
Date: 660518
APPROVED: (Sgd.) George M. Felshaw Superintendent
Checked By POHIHAM Date 660520
Checked By M. Mchill Date 660523
STATISTICAL ANALYSIS
Table not keyed, see original
HEL-012-1940-1954
HEL-012-1936-1954
FELSHAW, G M W WASH AGENCY
680112
CORRESPONDENCE
WILLIAMSON, O US DOI BIA
630112
IN REPLY REFER TO:
Forestry-339.2 Q-12-67
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building 3006 Golby Avenue Everett,
Washington 98201
Mr. Dr. Le M. Baldwin Area Director, Portland, Oregon
Dear Dr. Baldwin:
Administrative fees and special deposit, totalling $8,246.39, was
received from Mr. George W. Sanders on 630110, covering Special
Allotment Timber Cutting Permit No. Q-12-67. The permit was hand
delivered to Mr. Sanders on the same date.
Sincerely yours,
O. Williamson Superintendent
HEL-012-1955-1955
HEL-012-1955-1969
BALDWIN, D M US DOI BIA PORTLAND
680105
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
680105
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 671220, attention Real Property Management,
contained documents pertaining to the negotiated sale of the Oliver
Butler Allotment No. 987, 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-12-67 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-12-67 has been
approved, subject to the receipt of the required fees in the amount of
$8,246.39. 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. Mr. Sanders indicated that he would be in Monday,
000108 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,
(Sgd) A. W. Galbraith
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-12-67
Allotment No. 987 Quinsult 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 Wilfred
G. W. S hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the Lots 15 & 16, Section 4, 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 overmature 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 681231, 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 EXPIRES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $2,748.80 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 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
$5497.59 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
the 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 authorised 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 (ILLEGIBLE) Date: George Wilfred
APPROVED: (Sgd) A. W. Galbraith Titles: Assistant Area Director
Date: 680105
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 streams 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, all 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 seadove
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 liabs, 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 fire
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, whithin 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
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 i
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 are 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 resoving 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 rate
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 damage caused by a
non-Permittee fire.
19. PROTECTION OF IMPROVEMENTS. The Permittee shall protect all
telephone lines, roads, trials 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.
STATISTICAL ANALYSIS
Table not keyed, see original
FOREST OFFICER'S REPORT SPECIAL ALLOTMENT CUTTING PERMIT OLIVER
BUTLER ALLOTMENT NO. 987 QUINAULT RESERVATION, WASHINGTON
Introduction:
Mr. Wilford Sanders has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on the
Oliver Butler allotment No. 987. This allotment is located in the
northwest portion of the Quinault Reservation, known as the Queets Unit.
Mr. Sanders is the sole owner of this allotment and plans to log it
himself.
Description of Area and Stand:
Lots 15 & 16, Section 4, Township 23 North, Range 12 West, Willamatte
Maridian, Washington
This allotment is approximately 59 miles north of Grays Harbor near
the headwaters of Harlow Creek which drains into the Queets River.
Access to the area is 57 miles over Highway 101, then 1-1/2 miles over
private logging roads. The timber stand consists of virgin old growth
western redcedar, western hemlock, Pacific silver fir and western white
pins. Western redcedar comprises 76 percent of the stand volume,
western hamlock 13 percent, Pacific silver fir 5 percent and western
white pins 6 percent. The topography is rolling, with slopes from
gentle to moderately steep along the drainage. Drainage is fair with a
gravelly clay loan. There are approximately 13 non-merchantable acres
on this 80-acre tract.
Current Market Conditions:
The demand for logs on the Grays Harbor market has remained good
throughout the year. In examining log value changes in the last year,
we find that on the basis of a weighted average for all sales in the
Grays-Willapa Harbors District, increases are experienced in all log
grade values except in values of Peeler, No. 1 and No. 2 sawlogs in
Pacific silver fir and in the No. 2 and No. 3 sewlog grades of western
white pins. In considering export sales for the last year, increases
have been experienced in all log grade values except in the No. 2 and
No. 3 sawlog grades of Sitke spruce and western white pins. Of all
reported sales, 56% went to export, 36% to water sales and 8% to inland,
The greatest volume going to the export market consists of the No. 2
sawlog grade. The pulp market in the area continues to be steady.
Appraisal of Stumpage Values:
This appraisal is based on average log prices quoted by the
Industrial Forestry Association, Grays-Willapa Harbor District, 3rd
Quarter 670000, weighted average for all sales.
APPRAISAL SUMMARY
Oliver Butler LOGGING UNIT, Quinault RESERVATION
Table not keyed, see Original
CRUISE SUMMARY
Oliver Butler Logging Unit
Quinault Reservation
Allottee & No. Oliver Butler, Quin. 987 Cruiser Gustavson and Lowde
Legal Desc. Lots 15 & 16, Sec. 4, T. 23 N., R. 12 West., W.M.,
Washington
Date Cruised 650929 Min. Merch. 12" D.B.H., 8" top D.I.B. or est.
min. merch. ht.
Per Cent Cruise 20% strip-plot Sampling Error Coefficient or
Variation
Vol. per Acre (Merch.) 32,900 Merch. Acreage 67 Non-Merch. Acreage 13
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 IFA 3rd Qtr. 670000, Grays-Willapa Harbors District,
weighted all sales.
LOGGING COSTS
Oliver Butler, #937 LOGGING UNIT
Quinault RESERVATION
1. 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
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 Tarriff 4-A, effective 671014. 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 calculated on U.S.F.S. average rate of .10/M/Mile.
Table not keyed, see original
Notes: Road coast. estimates = 20 stations @$172.99/station =
$3,459.80 $3,459.80 divided by 2,204 = $1.57/M.
RESERVATION QUINAULT LOGGING UNIT QUEETS
PROPERTY OF/OR BLOCK NO. Oliver Butler #987
SECTION 4 TOWNSHIP 2311 RANGE 12W
Map not keyed, see original
HEL-012-1956-1969
HEL-012-1955-1969
FELSHAW, G M W WASH AGENCY
680103
CORRESPONDENCE
HADLEY, K W US DOI BIA PORTLAND
RECEIVED
680110
IN REPLY REFER TO:
Forestry 63-4-18 - 339.5 Cutting Permits
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIANS AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680103
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 671229, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-11-67, signed by Mrs. Myra Prior Hudson, sole owner of Allotment No.
2124, Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $6,537.96, have been
deposited at the agency.
We are approving the permit and returning the original and two copies
to the Hoquiam office for distribution as you have requested. 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,
Kenneth W. Hadley. Acting Assistant Area Director (Economic
Development)
cc: Hoquiam Subagency w/enclosures (3) Cedmissioner, Attn. Br. of
Forestry w/enclosure
HEL-012-1970-1970
HEL-012-1970-1988
FELSHAW, G M W WASH AGENCY
680104
CORRESPONDENCE
CLARK, D W W WASH AGENCY
RECEIVED
680110
Forestry-339.2 Q-11-67
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98500
680104
Mrs. Myra P. Hudson 810 First Avenue Seaside, Oregon 97138
Dear Mrs. Hudson:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-11-67, covering your allotment No. 2124, 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)
RECEIVED
680110
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-11-67
Allotment No. 2124, 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 Myra Prior
Hudson hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the S1/2SE1/4 Section 36, 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 overmature 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 681231, 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 $2,179.32 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
$4,358.64 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: Myra Prior Hudson Permittee Myra Prior Hudson Date: 671227
APPROVED: Kenneth W. Hadley
Title: ACTING ASST. Area Director Date: 530103
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, th
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 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 rate
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-012-1971-1975
HEL-012-1970-1988
HUDSON, M P
671229
CORRESPONDENCE
BENNEDETTO, J B W WA AGENCY
IN REPLY REFER TO:
Forestry - 339.2 Q-11-67
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
671229
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Dear Mr. Baldwin:
Attached for your approval is Special Allotment Timber Cutting Permit
No. Q-11-67, to be issued to Mrs. Myra Prior Hudson, covering her
allotment No. 2124, on the Quinault Reservation.
The Forest Officer's Report, along with a copy of the permit, were
submitted to your office on 671129, for review. In a letter dated
001213, it was recommended that we recheck the calculation for sorting
costs for western hemlock and make an adjustment if it should prove
necessary. The adjustment was made and a new permit reflecting the
revised figures was prepared for execution by Mrs. Hudson.
Administrative expenses and the special deposit, totalling $6,537.96,
have been deposited with the Agency. Please return approved copies to
our Hoquiam Office for distribution.
Sincerely yours,
John B. Bennett Superintendent
Enclosures
HEL-012-1976-1976
HEL-012-1970-1988
BALDWIN, D M US DOI BIA PORTLAND
671213
CORRESPONDENCE
HADLEY, K W US DOI BIA
Forestry 63-4-18 - 339.5 Cutting Permit
871213
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 671129, you enclosed the original and one copy
of a Forest Officer's Report and a copy of the permit for Special
Allotment Timber Cutting Permit No. Q 11 67, to be issued to Mrs. Myra
Prior Hudson, sole owner of Allotment No. 2124, Quinault Reservation,
Washington. You recommend that a permit be issued in accordance with
the Forest Officer's Report.
We have reviewed the report and find it to be in proper order.
However, we have asked Mr. Don Clark, Forest Manager, to recheck the
calculation for sorting costs for western hemlock and to make an
adjustment if it should prove necessary.
After making the above check, we recommend that you execute the
permit and submit it to this office for approval as soon as the required
fee have been received. The sample permit is being returned as you have
requested to the Hoquiam office.
Sincerely yours,
Kenneth W. Hadley Acting Assistant Area Director (Economic
Development)
cc: Hoquiam Subagency w/enclosure
Branch subject Branch chrony Yellow chrony
RDHickman:du 12 13 67
HEL-012-1977-1977
HEL-012-1970-1988
FELSHAW, G M W WASH AGENCY
671129
CORRESPONDENCE
ACT SUPT US DOI BIA
IN REPLY REFER TO:
Forestry-339.2 Q-11-67
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
671129
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Dear Mr. Baldwin:
Enclosed is a copy of Special Allotment Timber Cutting Permit No.
Q-11-67, to be issued to Myra Prior Hudson, to log the timber from her
allotment No. 2124, located on the Quinault Reservation. Also enclosed
are two copies of the Forest Officer's Report that has been prepared by
Onnie H. Paakkonen, Forester, concurred in by Forest Manager Clark and
approved by the Superintendent. The permit is being submitted for
review prior to having the permittee sign.
Mrs. Hudson will contract for the logging of her timber with an
operator who is presently in the logging business. We feel a bona fide
sale will be arranged that will protect Mrs. Hudson's interest.
If issuance of the permit meets with your approval, please return the
permit to our Hoquiam Office, and we will proceed to obtain Mrs.
Hudson's signature. All copies of the permit will then be returned to
you for execution.
Sincerely yours,
Illegible
Superintendent
Enclosures
FOREST OFFICER'S REPORT SPECIAL ALLOTMENT CUTTING PERMIT MYRA M.
PRIOR ALLOTMENT NO. 2124 QUINAULT RESERVATION, WASHINGTON
Introduction:
Mrs. Myra M. Prior Hudson has requested that a Special Allotment
Timber Cutting Permit be issued to her for the harvesting of timber on
her allotment No. 2124. This allotment is located in the northwest
portion of the Quinault Reservation known as the Queets Unit. Mrs.
Hudson owns no logging equipment, and consequently plans to contract for
the logging of her timber with persons presently logging on the
reservation.
Description of Area and Stand:
S1/2SE1/4 Section 36, Township 23 North, Range 13 West, Willamette
Meridian, Washington
This allotment is approximately 65 miles north of Grays Harbor near
the headwaters of Red Creek, which drains into Raft River. Access to
the area is 53 miles over Highway 101, then 12 miles over private
logging roads. The timber stand consists of virgin old growth western
redcedar, western hemlock, Pacific silver fir, Sitka spruce and western
white pine. Cedar comprises 66 percent of the volume, hemlock 19
percent, Pacific silver fir 12 percent, Sitka spruce 2 percent and
western white pine 1 percent. The topography is from steep to 60
percent. Drainage is from fair to poor. There are 42 acres of
merchantable and 38 acres of non-merchantable timber on the allotment.
Site Class is III and IV. Soil condition is gravely clay loam of medium
depth.
Current Market Conditions:
The demand for logs on the Grays Harbor market has remained good
throughout the year. In examining log value changes in the last year,
we find that on the basis of a weighted average for all sales in the
Grays-Willapa Harbors District, increases are experienced in all log
grade values except in values of Peeler, No. 1 and No. 2 sawlogs in
Pacific silver fir and in the No. 2 and No. 3 sawlog grades of western
white pine. In considering export sales for the last year, increases
have been experinced in all log grade values except in the No. 2 and No.
3 sawlog grades of Sitka spruce and western white pine. Of all reported
sales, 56% went to export, 36% to water sales and 8% to inland. The
greatest volume going to the export market consists of the No. 2 sawlog
grade. The pulp market in the area is good.
Appraisal of Stumpage Values:
This appraisal is based on average log prices quoted by the
Industrial Forestry Association, Grays-Willapa Harbors District, 3rd
Quarter 670000, weighted average for all sales.
APPRAISAL SUMMARY
Myra Prior #2124 LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY
Myra Prior Logging Unit
Quinault Reservation
Allottee & No. Myra M. Prior #2124
Cruiser Gustavson and Schnoff
Legal Desc. S1/2SE1/4 Section 36, Township 23 North, Range 13 West,
W.M., Wash.
Date Cruised 670125 Min. Merch. 12" D.B.H., 8" top D.I.B. or est.
min. merch. ht.
Per Cent Cruise 40 BAF Prism Sampling Error 5.1% @ 1 S.D.
Coefficient or Variation 32.7% tree count
Vol. per Acre (Merch.) 55,857 Merch. Acreage 42
Non-Merch. Acreage 38
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, weighted average
log values, Grays-Willapa Harbors District, 3rd Quarter 670000, water,
export and inland sales.
LOGGING COSTS
Myra M. Prier LOGGING UNIT
Quinault RESERVATION
1. 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 (65 miles to Port Docks, 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 671014. 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. R6-1M-179).
Note: Read maintenance calculated on U.S.F.S. average rate of
.10/M/Mile.
Table not keyed see original
Notes: Engineer's estimate of road construction costs: 40 stations
@$225.00/station = $9,000 $9,000 divided by 2,346 MEM = $3,84/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
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
values for timber on the subject tract.
Date: 671128
(ILLEGIBLE) Onnie E. Paskkonen Forester
Date: 671128
CONCUR: Sgd. Don W. Clark Forest Manager
Date 000000
APPROVED: (Sgd.) CHARLES ALLEN Acting Superintendent
Checked By M. McGies Date 670612
RESERVATION Quinault LOGGING UNIT Myra Prior PROPERTY OF/OR BLOCK NO.
Myra Prior Q 2124 S1/2 SE1/4 SECTION 36 TOWNSHIP 23 N RANGE 13 W
Map not keyed, see original
HEL-012-1978-1988
HEL-012-1970-1988
BALDWIN, D M BIA PORTLAND
671220
CORRESPONDENCE
BENEDETTO, J B W WASH AGENCY
Forestry-339.2
Q-5-66
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington S38201
671220
848-65
Mr. Carroll E. Costello P.O. Box 564 Powers, Oregon
Dear LFR. Costello:
Enclosed is copy of Certificate of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q-6-66.
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 $2,008.01, is being refunded under separate cover.
Sincerely yours,
(Sgd) John B. Benedetto Acting Superintendent
Enclosure
cc: Branch of Forestry PAO (2)
HEL-012-1989-1989
HEL-012-1989-1992
COSTELLO, C E
671215
CORRESPONDENCE
HADLEY, K 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
671215
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 671211, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-6-66 which was issued to Carroll E. Costello. 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 Carroll E. Costello 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
performance deposit in the amount of $2,008.01.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours,
Kenneth W. Hadley Acting Assistant Area Director (Economic
Development)
cc: Commissioner, Attn. Br. of Forestry w/enclosure Hoquiam
Subagency
Form 5-500a (Face)
660300
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
STATEMENT OF COMPLETION OF TIMBER CUTTING PERMIT (SPECIAL ALLOT.)
Agency Western Washington
Reservation Quinaut
Date of Final Report
670930
Timber Sale Area Carroll E. Costello
Purchaser Carroll E. Costello
Contract No. Q-6-66
Contract Approved 661013
Contract Expiration Date 670930
Land Status: Allotted
Allotment No. 1733
Name of Allottee Carroll E. Costello
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.
Carroll E. Costello
670612
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
670812
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.
(ILLEGIBLE) Superintendent
671211
HEL-012-1990-1992
HEL-012-1989-1992
FELSHAW, G M W WASH AGENCY
671213
CORRESPONDENCE
HADLEY, K W US DOI BIA PORTLAND
RECEIVED
Illegible
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
871213
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 671206, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-17-64 which was issued to Mrs. Grace Hill
Franciscovich. 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. Franciscovich 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 $612.18.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours,
Kenneth W. Hadley Acting Assistant Area Director (Economic
Development)
cc: Commissioner, Attn. Br. of Forestry w/enclosures (2) Hoquiam
Subagency
HEL-012-1993-1993
HEL-012-1993-1996
FELSHAW, G M W WASH AGENCY
671215
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry 339.2 Q-17-64
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
671215
Mrs. Grace Hill Franciscovich 100 West 5th Street Aberdeen,
Washington 98520
Dear Mrs. Franciscovich:
Enclosed is copy of Certificate of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q 17 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 $612.18, is being refunded under separate cover.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosure
cc: Branch of Forestry PAO (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 671117
Timber Sale Area Grace Mill
Purchaser Grace Hill
Contract No. Q-17-64
Contract Approved 640911
Contract Expiration Date 670930
Land Status: Allotted
Allotment No. 1872
Name of Allottee Grace Hill
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.
Grace Hill Franciscovich Aberdeen, Washington
671130
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
671205
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
671206
Form 5-500a (Back)
660300
SUMMARY OF OPERATIONS REPORT
Table not keyed see original
One Summary will be prepared for each timber sale, except that no
Summary is required when there is only one scaling unit in a timber sale
area. Indicate on the form the copy on which the Summary appears. When
contract provides for adjustment of stumpage rates the Unit Rate will be
the Average Rate.
HEL-012-1994-1996
HEL-012-1994-1996
FRANCISCOVICH, G R
671213
CORRESPONDENCE
HADLEY, K W US DOI BIA
RECEIVED
671206
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
671213
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 671207, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-10-67, signed by Mrs. Mary Wood Darling, sole owner of Allotment No.
2307, Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $6,767.28, have been
deposited at the agency.
We are approving the permit and returning the original and two copies
to the Hoquiam office for distribution as you have requested. 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,
Kenneth W. Hadley Acting Assistant Area Director (Economic
Development)
cc: Commissioner, Attn. Br. of Forestry w/enclosures (3) Hoquiam
Subagency w/enclosures (3)
HEL-012-1997-1997
HEL-012-1997-2013
FELSHAW, G M W WASH AGENCY
671214
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-10-67
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
671214
Mrs. Mary Wood Darling 2316 Diable Street West Sacramento, California
95691
Dear Mrs. Darling:
Special Allotment Timber Cutting Permit No. Q-10-67, covering your
Allotment No. 2307, on the Quinault Reservation, was approved by the
Area Director on 671213. Since the required fees have been deposited
with our Agency, operations under the permit may begin at any time.
Your copy of the approved permit has been delivered to the Morrison
Logging Company of Aberdean, Washington, as requested in your letter of
001204.
Our best wishes to you and your husband for a very Merry Christmas
and a Happy New Year.
Sincerely, Sgd. Don W. Clark Forest Manager
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-10-67
Allotment No. 2307. 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 Mary Wood
(Darling) hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the SW1/4NW1/2 Section 15, 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 expires on 681130, 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 sumof $2,255.76 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, 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
$4,511.52 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.
Slash; Not applicable.
Snags 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 he 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: Mary Wood Darling Permittee Mary Wood Darling
Date: 671204
APPROVED: Kenneth W. Hadley Title: ACTING ASST. Area Director
Date: 671213
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 pemit 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 pemit. 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 loging 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 cources.
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 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 requird 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 i
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 rate
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 MARY WOOD SPECIAL CUTTING PERMIT QUINAULT
RESERVATION, WASHINGTON
Introduction:
Mrs. Mary Wood Darling, the owner of Quinault Allotment No. 2307, has
requested that a Special Allotment Timber Cutting Permit be issued to
her for the harvesting of timber from her allotment. This allotment is
in the northwest portion of the reservation, in an area known as the
Queets Unit. Mrs. Darling will not log the timber herself, as she owns
no logging equipment. She plans to contract for the logging with
persons presently engaged in the logging. business.
Description of Area and Stand:
SW1/4NW1/4 Section 15, Township 23 North, Range 13 West, W.M.,
Washington
The allotment is located approximately 300 feet from the end of a
Morrison Logging Company spur road. The Cape Elizabeth road is about
one-half mile to the west of this area. Access to the area from Grays
Harbor is north and west for 61 miles over Highway 101, then south for
four miles over a gravel road owned by the Morrison Logging Company.
The topography of the area is broken by two main branches of the South
Fork of Whale Creek and the side drainage that feed into them. These
two main streams cross the allotment. from the east and join in the
middle of the west boundary of the allotment. These streams have formed
deep, steep-sided canyons which break up the surface of the area. The
soil is a gravelly clay loam of medium depth and for the most part is
well drained. The northwest corner of the area is in a swamp and has
about two acres of non-merchantable timber. The other 38 acres of the
allotment supports a good stand of average quality timber for the
reservation. Composition by volume is 68 percent western redcedar, 14
percent western hemlock, 14 percent Pacific silver fir and 4 percent
Sitka spruce.
Current Log Market Conditions:
Industrial Forestry Association reports for the last year indicate
substantial increases in prices paid in the Grays-Willepa Harbors
District, for most log grades and species, when prices are computed as a
weighted average for all sales. Pacific silver fir shows considerable
decreases in the Pealer and No. 1 grades. Western white pine shows
decreased in the No. 2 and 3 sawlog grades. If the export prices only
are considered, larger increases in prices are noted, except in the No.
2 and No. 3 sawlog grades of Sitka spruce and western white pine. The
No. 3 sawlog of most species is hard to dispose of locally. The foreign
exporters are becoming more selective than a year ago. The pulpwood
market is good. The outlook for the future is for the market to
continue to remain relatively firm.
Appraisal of Stumpage Values:
This appraisal is based on average log prices reported by the
Industrial Forestry Association, Grays-Willapa Harbors District, 3rd
Quarter 1967, for all sales, except as indicated for No. 3 cedar log
grade.
APPRAISAL SUMMARY
Mary Wood Permit LOGGING UNIT
Quinault RESERVATION
Table not keyed see original
CRUISE SUMMARY
Mary Wood Permit Logging Unit
Quinault Reservation
Allottee & No. Mary Wood, Quin. 2307
Cruiser Gustavson and Schneff
Legal Desc. SW1/4NW1/4 Section 15, Township 23 North, Range 13 West,
W.M., Washington
Date Cruised 661024 Min. Merch. 12" D.B.H., 8" top DIS or est. min.
merch. ht.
Per Cent Cruise 40% Sampling Error 10.49% at 2 s.d. Coefficient of
Variation 57.90%
Vol. per Acre (Merch.) 63,263 Merch. Acreage 38 Non Merch. Acreage 2
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 utilise 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 3rd Quarter 1967 IFA reportings for Grays Willapa
Harbors sales: weighted average of water inland export transactions.
#Water sales only because of indications of worm holes.
LOGGING COSTS
Mary Wood Permit 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
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). Fire protection costs are average U.S.F.S., Region
6, effective 670800. Transportation costs based on Washington Utilities
and Transportation Tariff 4A, effective 671014.
II. TRANSPORTATION (continued)
Table not keyed see original
(1) Average sorting yard fee of $2.22 per MSM; prorated on basis of
% of export logs by species for third quarter IFA reportings. See 1967
Revaluation Report Crane Creek and Taholah Units (copies in Agency and
Area Offices.)
(2) Road use fee based on .50 per MSM per uni for four (4) miles.
Table not keyed see original
Notes:
Road construction estimates: 11 stations @$300 per sta. = $3,300.00
$3,300 divided by 2,281 MBM = $1.45/M.
Determination of Stumpage Values: The following formula was used in
calculating the stumpage values:
S = V/1.op C
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 value be accepted as the appraised
value for the timber on the subject tract.
Date: 671106
Sgd. Ornie E. Paskkonen Forester
Dates: 671106
CONCUR: Sgd. Don W. Clark Forest Manager
Date: 671107
APPROVED: (Sgd.) George M. Felshaw Superintendent
STATISTICAL ANALYSIS
Table not keyed see original
RESERVATION Quinault LOGGING UNIT Mary Wood
PROPERTY OF/OR BLOCK NO. Mary Wood C2307
SW/4 NW/4
SECTION 15 TOWNSHIP 23 RANGE 13
Map not keyed see original
HEL-012-1998-2013
HEL-012-1997-2013
DARLING, M W
671212
CORRESPONDENCE
HADLEY, K W US DOI BIA PORTLAND
RECEIVED
671226
IN REPLY REFER TO:
Forestry 63-4-18 - 399.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97206
871212
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 671206, enclosed a request from Mrs. Grace C.
Sallee for an extension of time on Special Allotment Timber Cutting
Permit No. Q 21 64, covering the cutting of timber on the Charley
Allotments, Quinault Reservation, Washington.
You state that Mrs. Sallee has now contracted with another logger to
finish her operations and that progress on road contraction has been
slowed by periods of wet weather. Because market conditions are very
good for low grade cedar, you recommend that the permit be extended to
681231.
We have reviewed the permit and the circumstances that you have
presented and are in agreement with your recommendations. Special
Allotment Timber Cutting Permit No. Q-21-64, issued to Mrs. Grace C.
Sallee is hereby extended to 681231.
Please notify Mrs. Sallee that the extension has been granted and
send this office two copies of your letter to her.
Sincerely yours,
Kenneth W. Hadley Acting Assistant Area Director (Economic
Development)
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
w/enclosure
HEL-012-2014-2014
HEL-012-2014-2015
FELSHAW, G M W WASH AGENCY
671213
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry 339.2 Q-21-64
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
671213
Mrs. Grace Charley Sallae Route East, Box 130 Newport, Oregon 97365
Dear Mrs. Sallae:
In accordance with your request, the expiration date of your Special
Allotment Timber Cutting Permit No. Q-21-64 has been extended to 681231
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-012-2015-2015
HEL-012-2014-2015
SALLEE, G C
671206
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
(ILLEGIBLE)
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: BRANCH OF FORESTRY
FROM Portland Area Office Branch of Forestry
HEL-012-2016-2016
HEL-012-2016-2033
COMM DOI BIA BR OF FORESTRY
671114
CORRESPONDENCE
CLARK, D W W WASH AGENCY
RECEIVED
671115
Forestry 339.2 Q-9-67
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
671114
Mrs. Myra P. Everett Star Route #1 South Road, Washington 98586
Dear Mrs. Everett:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-9-67, covering your allotment No. 1788, on the Quinault
Reservation. Since the required fees have been deposited with our
Agency, operations under the permit may begin at any time.
Sincerly yours,
Sgd. Don W. Clark Forest Manager
Enclosures
cc Branch of Forestry, PAO (2)
HEL-012-2017-2017
HEL-012-2016-2033
EVERETT, M P
671109
CORRESPONDENCE
GALBRAITH, A W US DOI BIA
IN REPLY REFER TO:
Forestry
630418 - 339.5 Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
671109
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 671106, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-9-67, signed by Myra P. Everett, sole owner of Allotment No. 1788,
Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $3,082.76, 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,
(Sgd 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-9-67
Allotment No. 1783, 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 Myra P.
Everett hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the SE1/4SW1/4 Section 32, 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 volume shown above are estimates only 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 and all of the
merchantable dead timber, standing or fallen within the boundaries of
the allotment designated for clear cutting. The objectives 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 681130, 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 $1,027.39 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 insurred by the Bureau of Indian Affairs,
pursuant to 25 CFR 141.18. Payments shall be made in full prior to the
approval of this permits# 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
$2.055.17 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 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
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 the fire
protection of Indian lands, and is authorised 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: Myra P. Everett
Permittee Myra P. Everett
Date: 570002
APPROVED: (Sgd) A. W. Galbraith
Titles: Assistant Area Director
Date: 671109
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 read 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 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 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.
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 game
protection or to prevent damage to unstable readbeds. 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 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) Mon-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 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 TIMBER CUTTING PERMIT MYRA
PRIOR EVERETT ALLOTMENT NO. 1788 QUINAULT RESERVATION, WASHINGTON
Introduction:
Mrs. Myra Prior Everett has requested that a Special Allotment Timber
Cutting Permit be issued to her for the harvesting of timber on her
allotment No. 1788. This allotment is located in the northwest portion
of the Quinault Reservation known as the Queets Unit. Mrs. Everett owns
no logging equipment, consequently she plans to contract the logging of
her timber with persons presently logging in the vicinity of her
allotment.
Description of Area and Stand:
The allotment is described as follows: SE1/4SW1/4 Section 32,
Township 23 North, Range 12 West, Williamette Meridian, Washington
This allotment is approximately 62 miles north of Grays Harbor in the
Raft River drainage. Access to the area is 53 miles over Highway 101,
then nine (9) miles over private logging roads. The timber stand
consists of virgin old growth western redcedar, western hemlock and
Pacific silver fir. Cedar comprises 70% of the volume, while hemlock
comprises 16% and Pacific silver fir 13%. There is a small creek
crossing the allotment diagonally from southeast to northwest. The
slopes of this valley are rather steep and the merchantable timber is
located in this area. The soil is a gravelly clay loan which supports
approximately 20 acres of merchantable timber. Drainage is good through
the middle, but is poor outside the stream valley.
Current Market Conditions:
The demand for logs in the Grays Harbor market has remained steady
throughout the year. The export market is constant and the export type
log is easily sold. The pulpwood market is good. Shingle and shake
cedar has slacked off and may pick up later this year. During the
second quarter of 670000, 66% of all reported sales were export, 28%
were water, and the rest were inland sales. Approximately one-half of
the export sales were in the No. 2 log grade, with the majority of the
species being hemlock. The demand for logs of all grades and species is
expected to be good during the fall and winter months, after a summer of
inactivity due to weather conditions and closures.
Appraisal of Stumpage Values:
This appraisal is based on average log prices quoted by the
Industrial Forestry Association, Grays-Willapa Harbors District, 2nd
Quarter 670000, for all sales.
APPRAISAL SUMMARY
Myra Everett LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY
Myra P. Everett Logging Unit Quinault Reservation
Allottee & No. Myra P. Everett Cruiser Gustavson and Schneff
Legal Desc. SE1/4SW1/4 Section 32, Township 23 North, Range 12 West,
W.M., Washington
Date Cruised 670927 Min. Merch. 12" D.B.H.: 8" top D.I.B., or est.
min. merch. ht.
Per Cent Cruise 50% Sampling Error 8.1% @ 2 S.D. Coefficient or
Variation 40.3%
Val. per Acre (Merch.) 42,550 Merch. Acreage 20 Non-Merch. Acreage 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.
LOG VALUES
Table not keyed, see original
#Log Prices from Industrial Forestry Association reports for second
quarter 670000, weighted average for all sales, Grays-Willapa Harbors
District.
LOGGING COSTS
Myra P. Everett 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
Truck haul (62 miles to Port Docks, Gray Harber, Wa.
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 671014.
II. TRANSPORTATION (continued)
.06 Average load @ .065/log:
Table not keyed, see original
#Factor used to adjust truck hauling costs from gross report scale
when computing hauling costs on the basis of the Washington State
Formula (Ref. R5-IM-179).
Notes: Road maintenance calculated on forest service average rate of
.10/M/Mile.
Table not keyed, see original
Notes: Road engineer's estimate of road construction costs: 15
stations @$175 per station = $2,625. $2,625 divided by 851 MBM =
$3.08/M.
Determination of Stumpage Values:
Calculation of stumpage values are based on the following formula:
S = V/1.op - "
1. Western redcedar: $67.65/1.10 - $36.89 $24.61/M
2. Western hemlock & other species: $67.78/1.08 - $36.00 $26.76/M
3. Pacific silver fir: $60.76/1.08 - $35.94 $20.32/M
4. Western white pine: $47.39/1.10 - $36.50 $6.58/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:
1. Western redcedar $24.60/M
2. Western hemlock $26.75/M
3. Pacific silver fir $20.30/M
4. Western white pine $6.60/M
Total Value of Forest Products:
Table not keyed see original
Recommendations:
It is recommended that the above values be accepted as the appraised
values for the timber on the subject tract.
Date: 671019
(Sgd) John W. Palmer John W. Palmer Forester
Date: 671019
CONCUR: Sgd. Don W. Clark Don W. Clark Forest Manager
Date: 671020
APPROVED: (Sgd.) George M. Felshaw Superintendent
Checked By M. McGill Date 671025
Checked By (ILLEGIBLE) Date 671026
RESERVATION Quinault LOGGING UNIT Everett PROPERTY OF/OR BLOCK NO.
Myra L. P. Everett O 1788 SE/4, SW/4, SECTION 32 TOWNSHIP 23 N RANGE 12
W
Map not keyed, see original
STATISTICAL ANALYSIS
Table not keyed see original
HEL-012-2018-2033
HEL-012-2016-2050
FELSHAW, G M W WASH AGENCY
671114
CORRESPONDENCE
CLARK, D W W WASH AGENCY
RECEIVED
671108
Forestry-339.2 Q-8-67
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
671114
Mrs. Florence Elliott Snell 544 West Barstow Fresne, California 93704
Dear Mrs. Snell:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-8-67, covering your allotment No. 1770, 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 Don W. Clark Forest Manager
Enclosure
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-8-67
Allotment No. 1770, 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
Elliott hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the NE1/4NW1/4 and NW1/4NE1/4 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 681130, 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 $1,032.10 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 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
$2,064.20 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 - 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 the fire
protection of Indian lands, and is authorised 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: Florence Elliott (Snell)
Permittee Florence Elliott
Date: 671028
APPROVED: (Sgd) A. W. Galbraith
Title: Assistant Area Director
Date: 671109
II. 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 damage 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 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
unncessary 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 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 acres 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-012-2034-2038
HEL-012-2016-2050
SNELL, F E
671109
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
671109
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 671107, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-8-67, signed by Mrs. Florence Elliott Snell, sole owner of Allotment
No. 1770, Quinault Reservation, Washington. You report that
administrative expenses and the special deposit, totaling $3,096.30,
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,
(Sgd) A. W. Galbraith A. W. Galbraith Assistant Area Director
(Economic Development)
cc: Hoquiam Subagnecy w/enclosures (3) Commissioner, Attn. Br. of
Forestry w/enclosures (3)
FOREST OFFICER'S REPORT SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
FLORENCE ELLIOTT ALLOTMENT NO. 1770 QUINAULT RESERVATION, WASHINGTON
Introduction:
Mrs. Florence Elliott has requested that a Special Allotment Timber
Cutting Permit be issued to her for the harvesting of timber on her
allotment No. 1770. This allotment is located in the northwest portion
of the Quinault Reservation known as the Queets Unit. Mrs. Elliott owns
no logging equipment, consequently she plans to contract the logging of
her timber with persons presently engaged in logging on the reservation.
Description of Area and Stand:
The allotment is described as follows:
NE1/4NW1/4 and NW1/4NE1/4 Section 22, Township 23 North, Range 13
West, Willamette Meridian, Washington
This allotment is approximately 69 miles north of Grays Harbor
between the Raft River and Whale Creek drainages. Access to the
property is one mile over private road, thence five miles over Indian
Bureau Cape Elizabeth road to Highway 101 and then 63 miles to the Grays
Harbor area. The timber stand is virgin western redcedar and western
hemlock old growth, with scattered amounts of Pacific silver fir and
Sitka spruce. Western redcedar makes up 74% of the stand and western
hemlock makes up 22%, with the other species making up the balance. The
topography is relatively level, with some steep slopes along the eastern
edge. The drainage is fair, with a gravelly clay soil. Approximately
20 acres of timber is considered to be merchantable.
Current Market Conditions:
The demand for logs on the Grays Harbor market has remained steady
throughout the year. The export market is constant and the export type
log is easily sold. The pulpwood market is good. Shingle and shake
cedar has slacked off and may pick up later this year. During the
second quarter of 670000, 66% of all reported sales were export, 28%
were water sales and the rest inland. Approximately one-half of the
export sales were in the No. 2 grade, with the majority of the species
being hemlock. The demand for logs of all grades and species is
expected to be good during the fall and winter after a summer of
inactivity due to weather closures.
Appraisal of Stumpage Values:
This appraisal is based on average log prices quoted by the
Industrial Forestry Association, Grays-Willapa Harbors District, 2nd
Quarter 670000, for all sales.
APPRAISAL SUMMARY
Florence Elliott LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY
Florence Elliott Logging Unit Quinault Reservation
Allottee & No. Florence Elliott, Q. 1770 Cruiser Gustavson and
Schneff Legal Desc. NW1/4NE1/4 and NE1/4NW1/4 Section 22, Township 23
North, Range 13 W.M., Wash.
Dated Cruised 670918 Min. Merch. 12" D.B.M., 8" top D.I.B. or est.
min. merch. ht. Per Cent Cruise 50% Sampling Error 8.8% at 2 S.D.
Coefficient or Variation 44.1% Vol. per Acre (Merch.) 46,600 Merch.
Acreage 20 Non-Merch. Acreage 60
Table not keyed, see original
Remarks: Under Section 3 of the Permit, we 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 2nd Qtr. 670000, IFA Grays-Willapa Harbors District,
weighted average log prices, combined water, export and inland sales.
LOGGING COSTS
Florence Elliott 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
II. TRANSPORTATION
.1 Truck haul (69 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 agency and
area offices). Transportation costs based on Washington Utilities and
Transportation Tariff 4A, effective 671014.
II. TRANSPORTATION (continued)
.06 Average load @ 65/log;
Table not keyed see original
Road maintenance based on Forest Service rate of 10/M/Mile.
Table not keyed see original
Notes:
Engineer's estimate of road construction costs: 15 stations
@$150/station equals $2,250 $2,250 divided by 932 MBM = $2.41/M.
Determination of Stumpage Values: Calculation of stumpage values are
based on the following formula:
S = V/1.op - C
1. Western redcedar: $63.57/1.10 - $37.29 $20.50
2. Western hemlock and other species: $66.94/1.08 - $36.21 $25.77
3. Pacific silver fir: $54.53/1.08 - $36.07 $14.42
4. Sitka spruce: $91.01/1.10 - $36.01 $46.73
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:
1. Western redcedar $20.50
2. Western hemlock & other species $25.75
3. Pacific silver fir $14.40
4. Sitka spruce $46.75
Value of Forest Products:
1. Western redcedar : 691 MBM @$20.50 = $14,165.50
2. Western hemlock & other species : 205 MBM @$25.75 = 5,278.75
3. Pacific silver fir: 15 MBM @$14.40 = 216.00
4. Sitka spruce : 21 MBM @$46.75 = 981.75
Recommendations: It is recommended that the above values be accepted
as the appraised values for the timber on the subject tract.
Date 671017
(Sgd) John W. Palmer John W. Palmer Forester
Date: 671017
CONCUR: Sgd. Don W. Clark Don W. Clark Forest Manager
Date: 671019
APPROVED: (Sgd.) George M. Felshaw Superintendent
Checked By M. McGill Date 671023
Checked By (Illegible) Date 671023
STATISTICAL ANALYSIS not keyed, see original
RESERVATION Quinault LOGGING UNIT
PROPERTY OF/OR BLOCK NO. Florence Elliott 1770 NW/4,NE/4 & NE/4,NW/4
SECTION 22 TOWNSHIP 23N RANGE 13W
Map not keyed, see original
HEL-012-2039-2050
HEL-012-2016-2050
FELSHAW, G M W WASH AGENCY
671206
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
670011
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 Portland Area Office Branch of Forestry
671206
HEL-012-2051-2051
HEL-012-2051-2059
COMM US DOI BIA BR OF FORESTRY
671114
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry 339.2 Q-8-66
Western Washington Agency Hoquiam Field Station Post Office Bldg.,
P.O. Box 120 Hoquiam, Washington 98350
671114
Mrs. Margaret Hill Brown 1304 West 2nd Street Aberdeen, Washington
98520
Dear Mrs. Brown:
In accordance with your request, the expiration date of your Special
Allotment Timber Cutting Permit No. Q-8-66 has been extended to 681031
by the Approving Officer. You should make every effort to see that all
operations are completed by that date.
Sincerely years,
Sgd. Don W. Clark Forest Manager
cc - Branch of Forestry (PAO) 2
HEL-012-2052-2052
HEL-012-2052-2059
BROWN, M H
671109
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
671109
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 670921, enclosed a request from Margaret Hill Brown
for an extension of time on Special Allotment Timber Cutting Permit No.
Q-8-66. You have provided additional information with your letter dated
671106.
Mr. James Hill has indicated that he will not be able to finish
logging on Margaret Brown's allotment until the summer of 1968. You
feel that he will be able to finish by that date as he is doing a
satisfactory job and you recommend that the extension be granted.
You may notify Margaret Hill Brown that Special Allotment Timber
Cutting Permit No. Q-8-66 covering operations on Quinault Allotment No.
1873 is extended to 681031. Please send us two copies of your letter of
notification to Mrs. Brown.
Sincerely yours (Sgd) A.W. Galbraith
A.W. Galbraith Assistant Area Director (Economic Development)
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
w/enclosure
HEL-012-2053-2053
HEL-012-2052-2059
FELSHAW, G M W WASH AGENCY
671106
CORRESPONDENCE
FELSHAW, G M US DOI BIA
Forestry 339.2 Q-18-64 Q-8-66
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
671106
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
Your letter of 671005 requested a reappraisal of the situation
involving the requested extensions of time on the Margaret Hill Brown
and James J. Hill Allotments, on the Quinault Reservation, on which
Special Allotment Timber Cutting Permits have been issued.
We were unable to contact Mr. James Hill until just last week. He
said he planned to finish logging on Margaret Brown's allotment by
671200, with the exception of a small volume in one corner of the area
which cannot be reached from the spar tree. He plans to "cat" log this
volume, but because it will be impossible to do so during the winter
months, he will have to wait until next summer. This area would have
been "cat" logged last summer, but because of extended shut-downs due to
high fire danger conditions and mechanical breakdowns, this was never
accomplished. His own allotment should be finished by next fall.
Because of the nature of Mr. Hill's operations, a more or less
one-man or family type "show" using older type logging equipment, he has
been troubled by many "breakdowns" which have curtailed production for
extended periods of time.
He has been doing a satisfactory job and we feel he can finish
operations on both allotments next year. We will advise Mr. Hill of
changes in stumpage rates.
It is recommended the extensions, as originally requested by the
permittees be approved.
Sincerely yours,
(ILLEGIBLE) Superintendent
HEL-012-2054-2054
HEL-012-2052-2059
BALDWIN, D M US DOI BIA PORTLAND
671005
CORRESPONDENCE
GALBRAITH, A W US DOI BIA
Forestry 63-4-18 - 339.5 Cutting Permits
cc: Branch subject Branch chrony Yellow chrony
RDHickman:du - 10-3-67
671005
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 670921, enclosed copies of letters from Margaret
Hill Brown and James J. Hill requesting time extensions on their Special
Allotment Timber Cutting Permits Nos. Q-s-66 and Q-18-64. You state
that operations have not been completed due to the fire shutdown this
past summer and you recommend a one-year extension for each permit.
We note in Mr. Hill's letter dated 670829, that he expects to finish
Margaret Hill Brown's permit this winter and his own next summer. From
the information given to us, we are unable to determine the cutting
status of the two permits. Please advice as to the status of cutting on
the permits and give your estimate of the time necessary to finish
logging on each permit.
Permit No. Q-18-64 was approved on 640821, fees were not received
until 650716, the first extension was granted to 660930, the second
extension was granted to 670930, and now he has requested an additional
one-year extension. We believe a reappraisal of the situation is
necessary to determine if Mr. Hill is able to complete his permit. You
should also make a reappraisal of the stumpage rates and advice Mr. Hill
of any change.
Upon receipt of the requested information, along with your
recommendations, we will reconsider the requested extensions.
Sincerely yours,
(Sgd) A. W. Galbraith A. W. Galbraith Assistant Area Director
(Economic Development)
cc: Hoquiam Subagency
HEL-012-2055-2055
HEL-012-2052-2059
FELSHAW, G M W WASH AGENCY
670921
CORRESPONDENCE
FELSHAW, G M US DOI BIA BROWN, M H
Forestry-339.2 Q-8-66 & Q-18-64
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
670921
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
Enclosed are copies of letters from Margaret Hill Brown and James J.
Hill, requesting an extension of time on their Special Allotment Cutting
Permits Nos. Q-8-66 and Q-18-64 respectively.
Mr. Hill has been logging on the Margaret Hill Brown allotment and
has been unable to complete logging there since operations have been
suspended in that area since early in July because of extreme fire
hazard. Mr. Hill plans to complete logging his sister's timber, and
then move to his own allotment.
it is recommended that an extension to 681031 on Permit No. Q-8-66
and to 680930 on Permit No. Q-18-64 be approved.
Sincerely yours,
George M. Felshaw Superintendent
Enclosures (2)
RECEIVED WESTERN WASH. INDIAN AGENCY HOQUIAM, WASH
670828
1304 W. 2nd. Street Aberdeen Wash. 670825
Dear Sirs,
I would like to request a one year cutting permit for my allotment,
so logging operations can be completed.
This the, Margaret Hill Brown Allotment 1973.
Thank you, Margaret Hill Brown
HEL-012-2056-2057
HEL-012-2052-2059
BALDWIN, D M US DOI BIA PORTLAND
671116
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry 339.2 Q-18-64
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
671116
Mr. James J. Hill Route 2, Box 474 Tacoma, Washington
Dear Mr. Hill:
In accordance with your request, the expiration date of your Special
Allotment Timber Cutting Permit No. Q-18-64 has been extended to 680930
by the Approving Officer. You should make every effort to see that all
operations are completed by that data.
Sincerely yours,
Sgd. Don W. Clark Forest Manager
cc - Branch of Forestry PAO (2)
HEL-012-2058-2058
HEL-012-2052-2059
HILL, J J
871109
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
871109
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 670921, enclosed a request from James J. Hill for
an extension of time on Special Allotment Timber Cutting Permit No.
Q-18-64. You have provided additional information with your letter
dated 671106.
Mr. Hill has indicated that he will be able to finish logging on his
allotment next year. You feel that he will be able to finish by that
date as he is doing a satisfactory job and you recommend that the
extension be granted.
You may notify Mr. Hill that Special Allotment Timber Cutting Permit
No. Q-18-64 covering operations on Quinault Allotment No. 1874 is
extended to 680930. Please send us two copies of your letter of
notification to Mr. Hill.
Sincerely yours,
(Sgd) A. W. Galbraith Assistant Area Director (Economic Development)
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
w/enclosure
HEL-012-2059-2059
HEL-012-2052-2059
FELSHAW, G M W WASH AGENCY
671108
CORRESPONDENCE
PAO BR OF FORESTRY
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: BRANCH OF FORESTRY
FROM Portland Area Office Branch of Forestry
Date: 671108
SUBJECT Special Allotment Timber Cutting Permit No. Q-7-67, Quinault
Reservation.
HEL-012-2060-2060
HEL-012-2060-2074
COMM DOI BIA BR OF FORESTRY
671103
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.2 Q-7-67
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
671103
Mrs. Hasel P. Underwood
Tabolah, Washington 98587
Dear Mrs. Underwood:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-7-67, covering your allotment No. 911, 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
Don W. Clark Forest Manager
Enclosure cc - Br. of Forestry, PAO (2)
HEL-012-2061-2061
HEL-012-2060-2074
UNDERWOOD, H P
671101
CORRESPONDENCE
LUNDEEN, V 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
671101
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 671025, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-7-67 signed by Mrs. Hazel P. Underwood, sole owner of Allotment No.
911, Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $250.63, have been deposited
at the agency.
We are approving the permit and returning the original and two copies
to you 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.) Victor Lundeen
Acting Assistant Area Director
Enclosures (3)
cc: Commissioner, Attn. Br. of Forestry w/enclosures (3) Hoquiam
Subagency
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FORM 5-613 600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT Permit No. Q-7-67
Allotment No. 911, 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 P.
Underwood hereinafter called the Permittee, sole owner of the allotment
shown above which is described as the R1/4 SW1/4 Section 31, Township 23
North, Range 10 West, Willametto 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 681031, 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 EXPENSES. The Permittee agrees to pay to the
Superintendent of the Western Washington Indian Agency, hereinafter
called the Superintendent, the sum of $83.54 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 Permitte agrees, in accordance with the
provisions of 25 CFR 141.19(c), that the deposit in the amount of
$167.09 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 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 fall all unmerchantable trees
within the areas 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.
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 the 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 P Underwood Permittee Hazel P. Underwood Date: 671028
APPROVED: VICTOR LUNDEER Title: Acting Assistant Area Director Date
671101
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 authorzed 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 ASSIGMENT. 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 provision
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 of 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 sawdus, oil or other refused. In this subsection,
"stream" 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 pretested. 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 burining 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 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 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 instruction 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 diamter 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 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 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.
FOREST OFFICER'S REPORT HAZEL UNDERWOOD PERMIT SALE QUINAULT
RESERVATION, WASHINGTON
Introduction:
Mrs. Hazel P. Underwood has requested that a Special Allotment Timber
Cutting Permit be issued to her for the harvesting of timber on her
allotment No. 911, located in the northeast portion of the Quinault
Reservation, in an area known as the Quinault Lake Unit. Mrs. Underwood
will not do the logging herself, as she owns no logging equipment. She
plans to contract for the logging of the timber with persons presently
engaged in logging in the vicinity of her allotment.
Description of Area and Stand:
The allotment is described as follows:
E1/2SW1/4 Section 31, Township 23 North, Range 10 West, Willamette
Meridian, Washington
The allotment is located approximately 51 miles north of Grays
Harbor, Washington, approximately one-fourth mile over other lands, five
miles over forest road F-15 to U.S. Highway 101, thance 45 miles to the
Grays Harbor marketing area. The timber stand is 100 percent western
hemlock. The timber is second growth following blowdown. The
topography is level, with good drainage. The surrounding area was
logged in 510000. Volume per acre is 11,850 board feet. The soil is
sandy-gravelly loam of medium depth.
Current Market Conditions:
There was a decrease of $4.30 per MBM in No. 2 hemlock log grade
value between the first and second quarters of 670000 in water sales,
and a decrease of $12.95 in inland sales for the same period. However,
the opposite was true in the No. 3 log grade, where there was an
increase in value in water sales of $8.94 and an increase of $4.30 in
inland sales. The market for pulpwood type logs, into which most of the
No. 3 sawlogs fall, remains steady.
Appraisal of Stumpage Values:
The appraisal of stumpage is based on weighted log prices reported by
the Industrial Forestry Association, Grays-Willapa Harbors District, for
second quarter 670000 forwater and inland sales only.
APPRAISAL SUMMARY
Hazel P. Underwood Permit LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
CRUISE SUMMARY
Hazel p. Underwood Logging unit Quinault Reservation
Allottee & No. Hazel P. Underwood, Q. 911
Cruiser Gustavson and Schmeff
Legal Desc. E1/2SW1/2 Section 31, Township 23 North, Range 10 West,
W.N., Washington
Date Cruised 670908 Min. Merch. 12" D.B.H., 8" D.I.B. or est. min.
mech. ht.
Per Cent Cruise 100
Vol. per Acre (Merch.) 11,850 Merch. Acreage 20 Non-Merch. Acreage 60
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 and 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 for
Grays-Willapa Harbor District, 2nd Quarter 670000, weighted average for
water, and inland sales only, since the timber is too small for export.
LOGGING COSTS
Hasel P. Underwood Permit LOGGING UNIT
Quinault RESERVATION
1. 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
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 670902.
II. TRANSPORTATION (continued) .06 Average load @ .065/log:
Table not keyed see original
Notice:
Road maintenance based on Forest Service average rate of .10/M/Mile.
Western hemlock & Other
Table not keyed see original
Notes:
Engineer's estimate of road construction costs; 7 stations @$100.00
per station equals $700.00 $700.00 divided by 237 M = $2.95/M.
RESERVATION Quinault LOGGING UNIT Underwood
PROPERTY OF/OR BLOCK NO. Hazel P. Underwood Q 911
SECTION 31 E/2 SW/4 TOWNSHIP 23 RANGE 10
map not keyed see original
HEL-012-2062-2074
HEL-012-2060-2074
FELSHAW, G M W WA AGENCY
671004
CORRESPONDENCE
PAO BR OF FORESTRY
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
671004
HEL-012-2075-2075
HEL-012-2075-2079
COMM US DOI BIA BR OF FORESTRY
670929
CORRESPONDENCE
FEL SHAW, G M W WASH AGENCY
Forestry-339.2 Q-11-64
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670929
Mrs. Faith Secona Vandevert Box 26 Oakville, Washington 98568
Dear Mrs. Vandervert:
Enclosed is copy of Statement of Completion of Timber Contract
covering your operations under Special Allotment Timber Cutting Permit
No. Q-11-64.
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 $4,025.03, was refunded by Kbeck $368,618, dated 670918.
Sincerely yours,
(Sgd.) George M. Felshaw. Superintendent
Enclosure
cc - Branch of Forestry, PAO(2)
HEL-012-2076-2076
HEL-012-2075-2079
VANDERVORT, F S
870913
CORRESPONDENCE
LUNDEEN, V 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
670913
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 670911, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-11-64 which was issued to Faith Secena Vandervort
(Henderson). 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.
We note that the Net Amount Paid to Owners on the Statement of
Completion should be $38,237.74 rather than $38,247.74 as shown. Please
correct the copies in your possession.
You are hereby authorized to notify Mrs. Vandervort 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 $4,025.03.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours, (Sgd.) Victor Lundeen
Victor Lundeen Acting Assistant Area Director (Economic Development)
cc: Hoquiam Subagency Commissioner, Attn. Br. 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
Agency Western Washington - Indian
Reservation Quinault
Date of Final Report 670911
Timber Sale Area Faith Secena
Purchaser Faith secena Vandervort
Assignee
Contract No. Q-11-64
Contract Approved 640731
Contract Expiration Date 650731
Land Status:
Allotted
Allotment No. 2193
Name of Allottee Faith Secena Vandervort (Henderson)
"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.
Faith Secena Vandervort Faith Secena Vandervort, Oakville, Wash.
670906
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 John W. Palmer Forester 670908
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.) George M Felshaw Superintendent 670911
HEL-012-2077-2079
HEL-012-2075-2079
FELSHAW, G M W WASH AGENCY
670912
CORRESPONDENCE
PAO BR OF FORESTRY
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 is material
and mail through regular channels.
Regular Mail
TO Commissioner.
FOR ATTENTION OF: BRANCH OF FORESTRY
FROM Portland Area Office Branch of Forestry
DATE: 670912
HEL-012-2080-2080
HEL-012-2080-2085
COMM US DOI BIA BR OF FORESTRY
670908
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
RECEIVED (ILLEGIBLE LINE)
Forestry 339.2 Q-8-65
Western Washington Agency Federal Building, 3006 Calby Avenue
Everett, Washington 98201
670908
Mr. Charles Funk P. O. Box 275 South Bond, Washington 98586
Dear Mr. Funk:
Enclosed is your copy of Statement of Completion of Timber Contract
covering your operations under Special Allotment Timber Cutting Permit
No. Q-8-65. Operations have been satisfactorily completed in
accordance with the terms of the permit, and you are relieved of any
liability under the permit arising subsequent to 670831.
Your special deposit held in lies of bond, in the amount of
$5,721.67, is being refunded under separate cover.
Sincerely yours, (Sgd.) George M. Felshaw Superintendent
Enclosure
cc - Br. of Forestry (PAO) 2
HEL-012-2081-2081
HEL-012-2080-2085
FUNK, C
670831
CORRESPONDENCE
HADLEY KW 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
670831
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 670829, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-8-65 which was issued to Mr. Charles Funk. 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. Charles Funk 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
performance deposit in the amount of $5,721.67.
Please furnish us with two copies of your letter to the permittee
closing the permit.
Sincerely yours,
kenneth W. Hadley Kenneth W. Hadley Acting Assistant Area Director
(Economic Development)
cc: Hoquiam Subagency Commissioner, Attn. Br. 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
Timber Sale Area Charles Funk
Purchaser Charles Funk
Contract No. Q-3-65
Contract Approved 650831
Contract Expiration Date 670831
Land Status: Allotted
Allotment No. 1805
Name of Allottee Charles Funk
Table not keyed, see original
PURCHASER'S STATEMENT
PURCHASER'S STATEMENT
I hereby surrender all rights under the above contract and request to
be released from further obligations thereunder.
Charles E. Funk Charles Funk, South Bond, Wash,
670823
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 John W. Palmer, Forester
670823
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.
(ILLEGIBLE) Acting Superintendent
670821
Forestry 848-65
NOTE TO FILE: Western Washington - Special Allotment Timber Cutting
Permits.
For correspondence re Helen S. Mitchell's Special Allotment Timber
Cutting Permits Nos. Q-5-67 and Q-6-67, (Brief ltr of 670814 from
Portland AO to Western Washington Agency Superintendent, #3666-67) see
Western Washington file No. 9606-63 - Helen Sanders Mitchell Timber
Cutting. Also Q 2-67 - 670503
CEChester:wm 670830
HEL-012-2082-2085
HEL-012-2080-2085
FELSHAW GM W WA AGENCY
670524
CORRESPONDENCE
PAO BR OF FORESTRY
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: 670524
HEL-012-2086-2086
HEL-012-2086-2101
COMM US DOI BIA BR OF FORESTRY
670518
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-389.z Q-3-67
Western Washington Agency Hoquiam Field Station Post Office Bldg.,
P.O. Box 120 Hoquiam, Washington 98550
670518
Mrs. Josepkias Hyasman Robinson
Taholah, Washington 98587
Dear Mrs. Robinson:
Enclosed is approved copy of Special Allotment Timber Cutting Permit
No. Q-3-67, covering year allotment No. 517. 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 Don W. Clark Forest Manager
Enclosure
cc - Branch of Forestry, PAO (2)
HEL-012-2087-2087
HEL-012-2086-2101
ROBINSON, J H
670512
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
670512
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 670510, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-3-67, signed by Mrs. Josephine Hyasman Robinson, sole owner of
Allotment No. 517, Quinault Reservation, Washington. You report that
administrative expenses and the special deposit, totaling $680.40, have
been deposited at the agency.
We are approving the permit and returning the original and two copies
to you 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)
Enclosures (3)
cc: Hoquiam Subagency 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-3-67
Allotment No. 517 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 Josephine
Hyasman (Robinson) hereinafter called the Permittee, sole owner of the
allotment shown above which is described as the
Lots 6 & 7, Section 6 Township 22 North Range 10 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 overmature 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 680430 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 $226,80 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(e), that the deposit in the amount of
$453.60 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 is 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 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 authorised to act for the Bureau is
such matters.
10. EFFECTIVE DATE. This permit shall become effective on the date
of approval by the Approving Officer.
SIGNED: Josephine Hyosman Robinson Permittee Josephine Hyosman
(Robinson)
Date: 670508
APPROVED: (Sgd) A. W. Galbraith
Title: Assistant Area Director
Date: 670512
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 streams course and stream sides of all streams within
the permit area. Products shall not be hauled or skidded through any
streams 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 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 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 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 of 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 JOSEPHINE HYASMAN PERMIT SALE QUINAULT
RESERVATION, WASHINGTON
Introduction:
Mrs. Josephine Hyasman Robinson has requested that a Special
Allotment Permit be issued to her for the harvesting of timber on her
allotment No. 517, located in the northeastern portion of the Quinault
Reservation, in an area known as the Quinault Lake Unit. Mrs. Robinson
will not do the logging herself, as she owns no logging equipment. She
plans to contract for the logging of the timber with persons presently
engaged in the logging business.
Description of Area and Stand:
The allotment is described as follows:
Lots 6 & 7, Section 6, Township 22 North, Range 10 West, Willsmatte
Maridian, Washington
The allotment is located approximately 51 miles north of Grays
Harbor, Washington, approximately one-fourth mile over other lands, five
miles over forest road F-15 to U.S. Highway 101, thence 45 miles to the
Aberdean-Hoquiam marketing area. The timber stand contains 45 percent
western hemlock, 43 percent Sitka spruce and 12 percent red alder. The
timber is virgin overmature, and of relatively poor quality. The
topography is level and the drainage is fair. The soil condition is a
deep sandy loan.
Current Market Condition:
There has been only a 54 cent increase in value of the No. 2 western
hemlock leg grade in the past year and an 11 cent decrease in the value
of the No. 3 hemlock log, as reported by the Industrial Forestry
Association. Substantial increases were experienced in the log price
quoted during the last year in the Select and No. 1 Sitka spruce log
grades. A drop of $4.14 was noted in the price of the No. 2 spruce
sawlog grade and a $2.93 drop in the No. 3 log grade prices. The
market has remained steady for the pulpwood type logs, with a slight
decline in the veneer types.
Appraisal of Stumpage Values:
The appraisal of stumpage is based on weighted log prices reported by
the Industrial Forestry Association, Grays-Willapa Harbors District, for
fourth quarter 660000 for all sales.
APPRAISAL SUMMARY
Table not keyed, see original
CRUISE SUMMARY
Josephine Nysam Logging Unit Quinault Reservation
Allottee & No. Josephine Nyasman, Q. 517 Cruiser Custavson and
Schneff Legal Desc. Lots 6 & 7, Section 6, Township 22 North, Range 10
West, W.M. Wash.
Date Cruised 670217 Min. Merch. 12inches D.B.M., 8inches top or est.
min. merch. ht. Per Cent Cruise 100% Vol. per Acre (Merch.) 11,180
Merch. Acreage 21
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 and pulpwood consistent with existing markets for
this type of forest product.
LOG VALUES
Table not keyed, see original
#Log Prices from Industrial Forestry Association reportings for
Grays-Willapa Harbors District, for the fourth quarter 1966, for all
sales for western hemlock and Sitka spruce and log prices paid for red
alder sawlogs on the local market.
LOGGING COSTS
Josepkias Hyasman Permit LOGGING UNIT
Quinault RESERVATION
1. LOGGING AND OVERHEAD
.1 Direct Logging Costs
Table not keyed see original
.2 Logging Overhead Costs
Table not keyed, see original
.3 Congractual Costs
Table not keyed see original
TRANSPORTATION
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 based on Washington Utilities and Transportation
Tariff 4-A, effective 650322.
II. TRANSPORTATION (continued) .06 Average load @ .065/log:
Table not keyed see original
Notes:
1. Road maintenance based on Forest Service average rate of
.10/M/Mile.
Table not keyed see original
Notes:
Engineer's estimate of road construction costs: 12 stations @
$100.00 per station equals $1,200.00: $1,200.00/235 M = $5.11/M.
Determination of Stumpage Values: Calculation of Stumpage values are
based on the following formula:
Table not keyed see original
An allowance of eight and ten 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
Value of Forest Products:
Table not keyed see original
Recommendations:
It is recommended that the above values be accepted as the appraised
values for the timber on the subject tract.
Date: 670414
Onnie E. Paakkonen Onnie E. Paakkonen Forester
Date: 670419
CONCUR: Sgd. Don W. Clark Don W. Ckark Forest Manager
Date: 670425
APPROVED: (Sgd) John B. Benedetto Superintendent
Checked By M. Mcgil Date 670427
ILLEGIBLE LINE
HEL-012-2088-2101
HEL-012-2086-2101
FELSHAW, G M W WASH AGENCY
670421
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
670425
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: BRANCH OF FORESTRY
FROM Portland Area Office Branch of Forestry
DATE: 670421
HEL-012-2102-2102
HEL-012-2102-2126
COMM US DOI BIA BR OF FORESTRY
670419
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.2 Q-1-67
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670419
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
Enclosed are two copies of our letter to the law firm of
Gilley-Busey-Hill to whom we sent the original copy of Special Allotment
Timber Cutting Permit No. Q-1-67, issued to Mr. Ralph A. Nagle, sole
owner of the George Nagle Allotment No. 2036, Quinault Reservation.
This was at Mr. Nagle's request.
Sincerely yours, (Sgd.) George M. Felshaw Superintendent
Enclosures
HEL-012-2103-2103
HEL-012-2102-2126
BALDWIN, D M BIA PORTLAND
670404
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry 339.2 SP Q-1-67 NAGLE, George #2036
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670404
Gilley-Busey-Hill 932 Lloyd Center Portland, Oregon 97232
Attention: J. E. Busey, Attorney
Gentlemen:
Enclosed, as requested of Forest Manager Clark in the Hoquiam Field
Station, is the permittee's copy of Special Allotment Timber Cutting
Permit Q-1-67 issued to Mr. Ralph A. Nagle, sole owner of the George
Nagle Allotment No. 2036.
As Mr. Clark, stated, the required fees have been paid and the bond
posted; the permit is operable.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosure
cc: Mr. Ralph Nagle MPIson subject chrony green chrony Hoquiam
Forestry Mr. Gordon
HEL-012-2104-2104
HEL-012-2102-2126
HILL, G B
670403
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
670403
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 670331, you have enclosed for approval the
original and four copies of Special Allotment Timber Cutting Permit No.
Q-1-67 signed by Mr. Ralph A. Nagle, sole owner of Allotment No. 2036,
Quinault Reservation, Washington. You report that administrative
expenses and the special deposit, totaling $4,349.70, have been
deposited at the agency.
We are approving the permit and returning the original and one copy
to you for distribution. Mr. Sanders, who will do the logging for Mr.
Nagle, is hand carrying Mr. Clark's copy to Hoquiam. 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 Assistant Area Director
Enclosures (2)
cc: Commissioner, Attn. Br. of Forestry w/enclosures (3) Hoquiam
Subagency
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FORM 5-613
600200
SPECIAL ALLOTMENT TIMBER CUTTING PERMIT
Permit No. Q-1-67
Allotment No. 2036. 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 Ralph A.
Nagle, sole owner of the George Nagle allotment, hereinafter called the
Permittee, sole owner of the allotment shown above which is described as
the SE1/4NE1/4 and NE1/4SE1/4 Section 22, 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 estimated 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 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 680331, 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 $1,449.90 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. 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.
Payment other than in cash 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
$2,899.80 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 to 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 the 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: Ralph A. Nagle Permittee George Nagle Allotment by
KMM Ralph A. Nagle, sole owner
APPROVED: (Sgd) A. W. Galbraith Title: Assistant Area Director
Date: 670403
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) 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.
SUPPLEMENTAL FOREST OFFICER'S REPORT GEORGE NAGLE ALLOTMENT SPECIAL
ALLOTMENT TIMBER CUTTING PERMIT QUINAULT INDIAN RESERVATION
Introduction:
Mr. Frank Nagle, sole owner of the George Nagle allotment, requested
a Special Allotment Timber Cutting Permit be issued to him to harvest
the timber from the allotment. The permit was never executed by Mr.
Nagle. Mr. Ralph Nagle has now secured sole title to the allotment and
requests a Special Allotment Cutting Permit be issued to him.
The original Forest Officer's Report was based on second quarter
660000 log market values. This supplemental appraisal is based on
fourth quarter 660000 log values and uses latest logging costs.
APPRAISAL SUMMARY
REVISED
Nagle LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
LOG VALUES
REVISED
Table not keyed, see original
#Log Prices from IFA Grays-Willapa Harbors Dist., 4th Qtr. 660000,
average all sales.
LOGGING COSTS
Hagle LOGGING UNIT
Quinault RESERVATION
1. LOGGING AND OVERHEAD
1. Direct Logging Costs
Table not keyed, see original
2. Logging Overhead Costs
Table not keyed, see original
3. Constructual Costs
Table not keyed, see original
II. TRANSPORTATION
1. Truck haul (58 miles to Port Docks, Grays Hbr.)
Table not keyed, see original
Notes:
Direct Logging and overhead costs are average costs obtained from
operators on or in the vicinity of the Quinault Reservation (copies on
file at Agency and Area Offices).
Transportation costs based on Washington Utilities and Transportation
Tariff 4-A, effective 650322.
II. TRANSPORTATION (continued)
.06 Average load @ .065/log:
Table not keyed see original
#Factor used to adjust truck hauling costs from grown to net scale
when computing hauling costs on the basis of the Washington State
Formula (Ref. R6-TM-179).
Notes:
Road maintenance based on Forest Service rate of .10/M/Mile.
Table not keyed, see original
Notes:
Development costs based on Road Engineer's estimate of 37 stations;
$200.00/sta. = $7,400.00/1,672 MBM = $4.43/MBM.
Determination of Stumpage Values:
Stumpage values are based on the following formula:
S = V/1.op - C
1. Western redcedar:
$60.51/1.10 - $37.12 $17.89/MBM
2. Western hemlock & other species:
$57.40/1.08 - $35.36 $17.79/MBM
3. Pacific silver fir:
$57.06/1.08 - $35.23 $17.60/MBM
4. Western white pine:
$39.31/1.10 - $35.79 $ -.05/MBM
Recommended Stumpage Values:
1. Western redcedar $17.90/MBM
2. Western hemlock & other species $17.80/MBM
3. Pacific silver fir $17.60/MBM
4. Western white pine $ 3.95/MBM#
#The recommended rate for white pine is the original Appraised rate.
After considering all the factors influencing the stumpage rate, it is
felt this price is the minimum the owner should expect to receive.
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 market conditions, type of timber, and demand have been
taken into consideration in arriving at the margin for profit and risk.
Value of Forest Products:
Table not keyed, see original
Recommendation:
It is recommended that the above values be accepted as the appraised
values for the timber on the subject tract.
Date: 670308
(Sgd) John W. Palmer John W. Palmer Forester
Date: 670308
CONCUR: Sgd. Don W. Clark Don W. Clark Forest Manager
Date: 670310
APPROVED: (Sgd.) George M. Felshaw Superintendent
FOREST OFFICER'S REPORT GEORGE MAGLE PERMIT SALE QUINAULT INDIAN
RESERVATION WASHINGTON
Introduction:
Mr. George Magle has requested that a Special Allotment Timber
Cutting Permit be issued to him for the harvesting of timber on his
allotment # 2036, located in the northwest portion of the Quinault
Indian Reservation, in an area know as the Queets Unit. Mr. Magle 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 engaged
in the logging business.
Description of Area and Stand:
The allotment is described as follows:
SE1/4 NE1/4 & NE1/4 SE1/4, Section 22, Township 23 North, Range 12
West, Willamette Meridian, Washington
The allotment is located approximately 58 miles north of Grays
Harbor, Washington, approximately 3/4 of a mile over other lands, 3
miles over Esses-Blagen Road to U. S. Highway 101, thence 54 miles to
the Aberdeen-Hoquiam marketing area. The timber stand contains 80 %
western redcedar, 13 % western hemlock, 3 % Pacific silver fir and 4 %
western white pine, by volume, with an average volume per acre of 45,189
board feet on 37 merchantable acres. The timber is overmature, and
relatively poor quality except for the cedar quality, which is good.
Drainage of the allotment is fair to poor. Topography is from level to
gently sloping. The soil condition is a gravelly clay loam of shallow
depth. A highlead system of logging is recommended.
Current Market Condition:
Log grade values, Industrial Forestry Association, Grays-Willapa
Harbor Districts, water, export and inland combined reports indicate
increases in all species and log grades in the last year. The greatest
increase is $18.48 in peeler Pacific silver fir. Of all reported sales
49 percent were water sales, 42 percent export sales and 9 percent
inland sales. Demand is good except for the No. 3 sawlog which is hard
to dispose of, especially in cedar. The price for this grade of log has
remained somewhat steady recently. The export market is good, and
indications are that it will continue so. There is a constant demand
for pulp-type timber by pulp mills on Grays Harbor.
Appraisal of Stumpage Values:
The appraisal of stumpage is based on weighted log prices reported by
the Industrial Forestry Association, Grays-Willapa Harbors District, for
the second quarter 660000, for all sales.
CRUISE SUMMARY
George Nagle Logging Unit
Quinault Reservation
Allottee & No. George Nagle, No. Q-2036
Cruiser Turner, Buzzini, Buckle
Legal Desc. SE 1/4 NE 1/4 & NE 1/4 SE 1/4, Section 22, Township 23
North, Range 12, West, Willamette Meridian, Washington
Date Cruised 630430
Min. Merch. 12" DBH, 8" top DIB or estimated Merchantable height
Per Cent Cruise 20%
Sampling Error 12.806
Coefficient of Variation 36.20
Vol. per Acre (Merch.) 45,189
Merch. Acreage 37
Non-Merch. Acreage 43
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 concictent with existing markets for
this type of forest products.
APPRAISAL SUMMARY
Table not keyed, see original
Nagle LOGGING UNIT, Quinault RESERVATION
LOG VALUES
(Special Permit)
Table not keyed, see original
#Log Prices from 2nd. qtr. 660000 - IFA- Grays-Willapa Harbors
District - weighted average log grade prices for water - export - inland
sales.
LOGGING COSTS
Nagle 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
Table not keyed, see original
Notes:
1. Direct Logging and Overhead Costs estimates are average costs
obtained from five operators in Grays Harbor County (Copies at Agency
and Area Offices.)
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 the Washington State
Formula (Ref. R6-TM-179).
Notes:
1. Road maintenance computed using recommended Forest Service figure
of .10 per M/Mile
2. Truck hauling rat4s computed according to Washington Utilities
and Transportation Commission, Tariff 4-A, effective 650322.
Table not keyed, see original
Notes:
Development costs based on Road Engineer's estimate of 37 stations at
$200.00/station = $7,400.00/1,672 MBM = $4.43/MBM.
Determination of Stumpage Values:
Stumpage values are computed by use of the following formula:
S = V/1.op - C
1. Western redcedar: $56.44/1.10 - $36.58 = $14.73/MBM
2. Western hemlock & other species: $54.09/1.08 - $34.75 =
$15.33/MBM
3. Pacific silver fir: $50.17/1.08 - $34.75 = $11.70/MBM
4. Western white pine: $43.11/1.10 - $35.24 = $3.95/MBM
Recommended Stumpage Rates: (rounded to nearest five cents)
1. Western redcedar $14.75/MBM
2. Western hemlock & other species $15.35/MBM
3. Pacific silver fir $11.70/MBM
4. Western white pine $ 3.95/MBM
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 market conditions, type of timber, and the demand for
this type of timber have been taken into consideration in arriving at
the margin for profit and risk.
Recommendations:
It is recommended that the above values be accepted as the appraised
values for the timber on the subject tract.
Date: 660805
Sgd. Onnie E. Paakkonen
Onnie E. Paakkonen Forester
Date: 660808
CONCUR: Sgd. Don W. Clark
Don W. Clark Forest Manager
Date: 660809
APPROVED: Sgd George M. Felshaw Superintendent
STATISTICAL ANALYSIS not keyed, see original
HEL-012-2105-2125
HEL-012-2102-2126
FELSHAW, G M W WASH AGENCY
660112
CORRESPONDENCE
BR OF FORESTRY PAO
RECEIVED
670117
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 660112
SUBJECT Certificate of Completion covering operations under Special
Allotment Timber Cutting Permit No. Q-5-66, Western Washington Agency.
HEL-012-2127-2127
HEL-012-2127-2131
COMM US DOI BIA BR OF FORESTRY
670109
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
RECEIVED
670117
Forestry-339.2 Q-5-66
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670109
Mrs. Edna Clark Olson South Bend, Washington
Dear Mrs. Olson:
Enclosed is copy of Certificate of Completion covering your
operations under Special Allotment Timber Cutting Permit No. Q-5-66.
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 $329.12 is being refunded under separate cover.
Sincerely yours, (Sgd.) George M. Felshaw Superintendent
Enclosure
cc - Br. of Forestry, PAO (2)
HEL-012-2128-2128
HEL-012-2127-2131
OLSON, E C
670104
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PORTLAND
Forestry (ILLEGIBLE) Cutting Permit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
670104
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 661229, you submitted two copies of the
Statement of Completion of Timber Contract for Special Allotment Timber
Cutting Permit No. Q-5-66 that was issued to Mrs. Edna Clark Olsen. You
report that all obligations specified in the permit have been completed
and you request permission to close the permit and to refund the
performance deposit to the permittee.
You are hereby authorized to notify Mrs. Olsen 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 $329.12. Please furnish us with two copies of
your letter to the permittee closing the sale.
Sincerely yours,
(Sgd) A. W. Galbraith
A. W. Galbraith Assistant Area Director (Economic Development)
cc: Commissioner, Attn. Br. of Forestry w/enclosures (2) Hoquiam
Subagency
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 661215
Timber Sale Area Edna Clark
Purchaser Edna Clark
Assignee
Contract No. Q-5-66
Contract Approved 660603
Contract Expiration Date 670630
Land Status: Allotted
Allotment No. 182
Name of Allottee Edna Clark Olsen
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.
Edna Clark Olsen Edna Clark Olsen South Bend, Wash. 661222
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, John W. Palmer, Forester 661223
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 Vaninitti Acting Superintendent 661229
Form 5-500a (Back) 660300
SUMMARY OF OPERATIONS REPORT
Table not keyed, see original
One Summary will be prepared for each timber sale, except that no
Summary is required when there is only one scaling unit in a timber sale
area. Indicate on the form the copy on which the Summary appears. When
contract provides for adjustment of stumpage rates the Unit Rate will be
the Average Rate.
HEL-012-2129-2131
HEL-012-2127-2131
FELSHAW, G M W WASH AGENCY
850509
CORRESPONDENCE
(ILLEGIBLE)
MICROFILM INDEX LOG
CAMLRA OPERATOR S. Bishop
CASH NAME Helen Mitchell
DATE 850509 PAGE 1 OF
LOCATION DC
Table not keyed, see original
(ILLEGIBLE)
MICROFILM INDEX LOG
CAMLRA OPERATOR
CASH NAME
DATE
PAGE 2 OF
LOCATION
Table not keyed, see original
HEL-012-2132-2133
HEL-012-2132-2133
350509
CORRESPONDENCE
(ILLEGIBLE)
CASE NAME: HELEN MITCHELL
DOCKET NUMBER: 902 20 923
REEL INDENTIFIER: HELO/2 0001--2134
DATE OF FILMING: 850509
PRODUCTION SITE
NAME OF ORGANIZATION OR PERSON: Dept of interior - BIA
DISCOVERY LOCATION: 1951 CONSTITUTION ROOM 355 WASHINGTON D.C.
FILMED AT CONTRACTOR SITE NO
NAME OF CONTRACTOR: OCTO
OTHER: BUREAU OF INDIAN AFFAIRS
LEAD DISCOVERY ATTORNEY (or paralegal): (Paralegal) John Hirzlcburg
- 724-7357 John Muscato - 633-5203 (Case Manager)
HEL-012-2134-2134
HEL-012-2134-2134
850503
CORRESPONDENCE
ILLEGIBLE
TARGET SHEET
CASE NAME: HELEN MITCHELL
DOCKET NUMBER: 90-2-20 923
REEL IDENTIFIER: HEL-009 0001
DATE OF FILMING: 850503
PRODUCTION SITE
NAME OF ORGANIZATION OR PERSON: DEPT OF INTERIOR - BIA
DISCOVERY LOCATION: 1951 CONSTITUTION ROOM 355 WASHINGTON D.C.
ROOM #
FILMED AT CONTRACTOR SITE NO
NAME OF CONTRACTOR: OCTO
DOCUMENTS PRODUCED BY:
PLAINTIFF
DEFENDANT
THIRD PARTY
INTERPLEADER
INTERVENOR
IMPLEADER
OTHER
DOCUMENTS PRODUCED IN RESPONSE TO:
PRODUCTION REQUEST:
WAVE #
INTERROGATORY:
NAME:
DATE:
NO.
C.I.D.:
OTHER: BUREAU OF INDIAN AFFAIRS
LEAD DISCOVERY ATTORNEY (or paralegal): JOHN (PARALEGAL) HITZLEBURG
724-7357
PHONE # JOHN MUSCATO -633-5203 (CASE MANAGER)
5-349D
(680200)
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.
HEL-009-0001-0002
HEL-009-0001-2306
640923
CORRESPONDENCE
LIBBY, J W BIA MIRACLE, K BIA
TO: 56 8/9 File attached in file 750-64-339 West Wash DO NOT RETURN
TO BRANCH OF FORESTRY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
5-486
Report No. 5 - Final
Period from 640801 to 640831, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-246
Quinault Indian Reservation.
Hallcum Logging Company, Inc. Sale Unit Ward #2
Table not keyed see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers. Yes
3. Remarks: Operations of the contractor have been completed in
accordance with the terms of the contract. Recommended sale be closed.
Slash J W Palmer Roads J W Palmer
Snags J W Palmer Waste J W Palmer
Streams J W Palmer Audit Mpi
Improvements J W Palmer Other Liability none
640923
(Date of report.)
Kenneth R. Meracle
(Signature of officer making reports.)
for John W. Libby, Forest Manager
(Title.)
Approved 640923
(ILLEGIBLE)
(Signature of approving officer.) ACTING Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and, "Advance Deposits." The "Value of timber cut and not
reported" should be deducted from the "Advance Deposit" balance and the
resultant amount shown opposite the "Net balance in advance deposits."
HEL-009-0003-0005
HEL-009-0003-0013
HALLCUM LOGGING CO
640831
CORRESPONDENCE
FELSHAW, G M BIA MIRACLE, K BIA
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 4
Period from 640701 to 640731, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont, 14-20-0510-246
Quinault Indian Reservation.
Hallcum Logging Company, Inc.
Sale Unit Ward #2
Table not keyed, see original
1. Is the sale being properly administered. Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers. Yes
3. Remarks: Final inspection is being made.
(Date of report.) 640831
Kenneth R. Miracle (Signature of officer making report.)
Approved 640831
LLoyd Macullum (Signature of approving officer.) Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
HEL-009-0006-0007
HEL-009-0003-0013
HALLCUM LOGGING CO
640713
CORRESPONDENCE
FELSHAW, G M BIA LIBBY, J W BIA
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No 3 Period from 640601 to 640630, inclusive
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-246
Quinault Indian Reservation.
Hallcum Logging Company, Inc.
(Name of purchaser)
Sale Unit Ward #2
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations of contractor are completed; Certificate of
Completion is being prepared.
640713 (Date of report)
John W. Libby (Signature of officer making report.)
John W. Libby, Forest Manager
George M. Felshaw (Signature of approving officer.)
Superintendent (Title)
INSTRUCTIONS
Report on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
HEL-009-0008-0009
HEL-009-0003-0013
HALLCUM LOGGING CO
640609
CORRESPONDENCE
SCHWARTZ, M L BIA LIBBY, J W BIA
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 2
Period from 640501 to 640531, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-246
Quinault Indian Reservation.
Hallcum Logging Company, Inc. Sade Unit Ward #2
Table not keyed see original
1. Is the sale being properly administered? yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? yes
3. Remarks: Operations should be completed by end of next month.
640609
John W. Libby
(Signature of officer making report.) John W. Libby, Forest Manager
(Title.)
Approved 640609
(ILLEGIBLE)
(Signature of approving officer.)
ACTING Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
HEL-009-0010-0011
HEL-009-0003-0013
HALLCUM LOGGING CO
641001
CORRESPONDENCE
SUPT W WASH AGENCY
Forestry 339.5 63-11-15 Ward #2 - Quinault
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
641001
Hallcum Logging Co., Inc. P. O. Box 615 Elma, Washington
Gentlemen:
Enclosed are Certificate of Completion and Final Report of Timber Cut
covering operations under Timber Contract No. 14-20-0510-246 in the Ward
#2 Sale Unit, Quinault Indian Reservation.
Operations have been completed in accordance with the terms of the
contract. You are hereby notified that you and the General Insurance
Company of America, surety on your bond, are relieved of any liability
under the Ward #2 Logging Unit Timber Sale Contract arising subsequent
to 640930.
The unobligated balance of $202.02 now on deposit in connection with
this timber sale contract is being refunded.
Sincerely yours, Superintendent
Enclosures Copy to: General Insurance Company w/enc Portland Area
Office - 2 Hoquiam Subagency w/enc
HEL-009-0014-0014
HEL-009-0014-0018
HALLCUM LOGGING CO
640930
CORRESPONDENCE
HOLTZ, R D BIA PORTLAND
Forestry 63-11-15 - 339.5 Ward #2 Log. Unit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
640930
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 640923, requests authorization to close the Ward #2
Sale Unit, Quinault Reservation, Washington. You have enclosed
duplicate copies of the following for timber sale Contract No.
14-20-0510-246:
1. Certificate of Completion covering operations of Hallcum Logging
Company, Inc.
2. Final Report of Timber Cut.
You state that operations of the contractor have been completed in
accordance with the terms of the contract. You request authority to
close the sale, refund the balance of $202.02 remaining in the special
deposit account of the contractor, and to notify the contractor and
surety that they are relieved of further liability under the contract.
We have examined all documents and find them to be in order.
You are hereby authorized to notify the Hallcum Logging Company,
Inc., purchaser, and the General Insurance Company of America, surety on
the bond, that they are relieved of any liability under the Ward #2
Logging Unit timber sale contract arising subsequent to the date of this
letter. You are also authorized to refund to the Hallcum Logging
Company, Inc., the unobligated balance now on deposit with you in
connection with the Ward #2 Logging Unit timber sale contract.
Please send us copies of your letters to the purchaser and the surety
advising them of sale completion and relief of contract liability.
Sincerely yours,
(Sgd.) R. D. HOLTZ Area Director
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
w/enclosures (4)
HEL-009-0015-0015
HEL-009-0014-0018
FELSHAW, G M W WASH AGENCY
640923
CORRESPONDENCE
SUPT W WASH AGENCY
Forestry 339.5 WARD #2 - Quinault
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
640923
Mr. R. D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
Enclosed are Report of Timber Cut - Final and Certificate of
Completion Covering operations of Hallcum Logging Company, Inc.,
contractor on the Ward #2 Sale Unit.
Operations of the contractor have been completed in accordance with
the terms of the contract. Authority is requested to close the sale,
refund the balance of $202.02 remaining in the special deposit account
of the contractor, and to notify the contractor and General Insurance
Company of America, surety, that they are relieved of further liability
under the contract.
Sincerely yours,
Superintendent
Enclosures
DISPOSITION OF MONEY
IIM ACCOUNT $27,075.33
U. S. TREASURY (FEES) $3,008.37
I certify that the operations of Hallcum Logging Company, contractor
on Contract No. 14-20-0510-246 on the Quinault Allotment of Vera Ward
#1411 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-009-0016-0018
HEL-009-0014-0018
HOLTZ, R D BIA PORTLAND
640205
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.5 Ward #2 Unit
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
640205
Hallcum Logging Company, Inc. Elma, Washington
Gentlemen:
Attached is the purchaser's copy of Contract No. 14-20-0510-246, bond
and other appurtenant documents, covering the sale of timber from the
Ward #2 Logging Unit, Quinault Reservation. The contract was approved
by Assistant Area Director Perry E. Skarra on 640203.
According to the terms of the advertisement, an advance payment of
15% of the purchase price must be made within 30 days of approval of the
contract, or in any event before cutting begins. Your remittance, in
the amount of $4,185.72, must reach our office not later than 640303.
Scaling points to be used for logs from this sale must be approved in
advance of use. Please notify our office as soon as these points are
determined. We would appreciate it if you would also notify us of the
brand you intend to use for logs to be removed from this sale unit.
Sincerely yours,
Sgd. Don W. Clark Don W. Clark Assistant Forest Manager
Enclosure
cc - Surety w/copy contract
Portland Area Office, Br. of Forestry (2)
Forestry (Everett) w/GAO copy contract
kf
HEL-009-0019-0019
HEL-009-0019-0099
HALLCUM LOGGING CO
640203
CORRESPONDENCE
SKARRA, P E BIA PORTLAND
RECEIVED
640207
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON 97208
640203
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Attention: Forestry
Dear Mr. Felshaw:
With your letter dated 640129, you submitted for our approval the
original and mix copies of Timber Contract No. 14-20-0510-246 and
supporting documents. The contract covers the sale of timber from the
Ward #2 Logging Unit, Quinault Reservation. The Hallcum Logging
Company, Incorporated of Elma, Washington is the purchaser.
We have carefully checked the documents and they appear to be in
order. We are therefore approving the Contract and bond.
Two copies of the contract and related papers are being retained, one
of which will be sent to the Washington Office. The original and four
copies are being returned to you for proper distribution.
Sincerely yours, (Sgd) PERRY E. SKARRA Assistant Area Director
Enclosures (5)
cc: Washington Office (w/enc.)
RECEIVED 640207
Form 5-611 600300
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Allotment
Contract No. 14-20-0510-246
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Ward #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 the
heirs of Vera Ward, Quinault Allottee #1411 hereinafter called the
Seller, as represented by the Superintendent of the Western Washington
Indian Agency and Hallcum Logging Company, Inc. of Klea, 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 641231.
6. Unit Description. This unit is located in the SE1/4SE1/4 Section
34, Township 24 North, Range 12 West, Willamette Maridian, Washington
NOTE: Italic type to be deleted if inapplicable. 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
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 $4,000.00.
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 of the Standard Provisions:
"Table not keyed, see original"
11. Merchantability. Trees, when designated for cutting, and
products cut from those trees, shall equal exceed the following minimum
specifications:
"Table not keyed, see original"
All trees shall be utilized to as small a top diameter as
practicable. The log lengths shall be varied so as to occure the
greatest practicable utilization of merchantable material.
(a) Material below minimum merchantability. If forest products of
lesser dimensions than stated above under Product Specification 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.
13. Cutting Schedule.
(a) Minimum Annual Cut. The Purchaser shall cut and pay for not less
than Not applicable during the Calendar year 19 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 Not applicable
14. Volume Determination.
(a) Designated Timber. Logs cut under this contract shall be scaled
by established Scaling and Grading Bureaus acceptable to the Approving
Officer in accordance with official log scaling and grading rules
effective 620301, 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 to
timber covered by this contract until approved by the Approving Officer.
NOTE: Italic type to be deleted if inapplicable.
Form 5-611
14. Volume Determination (Cont.)
(b) Scaling of Logs. In lieu of scaling procedures stipulated in
Section 7(c) of the Standard Provisions, 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.
Table not keyed, see original.
(c) Indian Bureau Scaling. When the contract provides for scaling by
the Scaling and Grading Bureaus, Section 7(a) of the Standard Provisions
shall not apply as long as the Scaling Agreement is in effect, but that
the Indian Bureau reserves the right to scale and waste scale at any
time it believes it to be necessary.
(d) 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.
(e) Scale Reports. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(f) 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 portion of the truck receipt shall
be retained by the purchaser and turned in to the Officer in Charge as
he shall direct. The ticket portion of the receipt 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
is delivered and to collect and mail said receipts to the Officer in
Charge.
Portland Area - Western Washington Insert to Form 5-611, Contract No.
14-20-0510- 246
14. Volume Determination (Cont.)
(g) 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.
(h) Bureau Scaling. All scaling of logs by the Grays Harbor Log
Scaling and Grading Bureau shall be in accordance with the Scaling
Agreement between the Bureau of Indian Affairs and the Grays Harbor Log
Scaling and Grading Bureau, a copy of which is on file at the Hoquiam
Sub-Agency Offices of the Western Washington Indian Agency, Hoquiam,
Washington. The Scaling Agreement may be terminated by either party at
any time after 90 days written notice to the other party, provided the
commitments made prior to termination shall be fulfilled. The following
general conditions shall apply to Scaling Bureau scaling:
(1) The purchaser shall make arrangements for scaling services with
the Grays Harbor Log Scaling and Grading Bureau and shall pay for
stumpage cut on the Ward #2 Logging Unit, Quinault Indian Reservation on
the basis of the log scale as determined by the Scaling Bureau.
(2) Payment for scaling services to the Scaling Bureau shall be made
by the purchaser, and the Bureau of Indian Affairs assumes no
responsibility in this regard.
(3) The purchaser shall brand, with a State registered brand, all
logs as directed by the Forest Officer in Charge. A log brand assigned
to logs from any Bureau of Indian Affairs sale area shall not be used on
logs from any other sale area until approved by the Officer in Charge.
(4) The purchaser shall furnish the Bureau of Indian Affairs an
imprint of the brand in advance of use.
(5) The purchaser shall deliver all logs from the sale area to points
of scaling acceptable to the Scaling Bureau and approved in writing by
the Superintendent or his authorized representative. Changes in scaling
points must be approved by the Bureau of Indian Affairs in advance of
making the change.
Portland Area - Western Washington Insert to Form 5-611, Contract No.
14-20-0510- 246
(6) The Bureau of Indian Affairs will check scale Indian timber at
intervals to be determined by the Superintendent or his authorized
representative, and in the event such check scales show a variance in
volume of + or - five (5) percent, the Bureau of Indian Affairs will
request the Scaling Bureau to make a re-scale. In the event the Scaling
Bureau deems it necessary to demand renumeration for the cost of making
re-scales, the purchaser agrees to pay to the Scaling Bureau the cost of
such services. The purchaser agrees to cooperate with the Bureau of
Indian Affairs in providing conditions satisfactory to making check
scales.
Insert to Form 5-611, Contract No. 14-20-0510- 246 Portland Area -
Western Washington 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 Affiars, 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 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 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 neglience 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 contract 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 operations 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 plant 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 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
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 (25U.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. The requirements of this section shall
apply unless otherwise specified in the contract. 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 thereform unless
it is made with a corporation for its general benefit.
ORAL AUCTION SALE OF TIMBER WARD #2 LOGGING UNIT
QUINAULT INDIAN RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Ward #2 Logging Unit", addressed to the Superintendent,
Western Washington Sub-Agency, Hoquiam, Washington, will be received
until 1:30 p.m., Pacific Standard Time, 640107, and will be considered
the equivalent of oral auction bids and posted for the information of
all bidders. Oral auction bids will be received by the Superintendent
or his authorized representative at the Hoquiam City Hall Building
Hoquiam, Washington, beginning at 2:00 p.m., Pacific Standard Time,
640107, for the purchase of timber on a tract within the Quinault Indian
Reservation designated as the Ward #2 Logging Unit. Oral auction
bidding will be restricted to those who have previously submitted an
acceptable sealed bid in accordance with this notice. This unit is more
specifically described as the SE1/4 SE1/4 Section 34, Township 24 North,
Range 12 West, Willamette Meridian, Washington, containing 40 acres, of
which approximately 31 acres are to be logged. This unit contains an
estimated stand to be cut of 268,000 board feet of Pacific silver fir
and 976,000 board feet of western hemlock and other species, which
estimates are not guaranteed. 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 $16.95 per M
feet, B.M., for Pacific silver fir and $16.50 per M feet, B.M., for
western hemlock and other species. 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 Two Thousand One Hundred Dollars (2,100.00) 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 bid. The deposit of the successful
bidder will be applied as part of the purchase price against timber cut
on this unit only, or retained as liquidated damages if the bidder shall
not execute the contract and furnish a satisfactory bond in the amount
of Four Thousand Dollars ($4,000.00) within thirty (30) days of
acceptance of his bid. The contract will specify that all designated
timber shall be cut and removed from the unit by 641231, 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. An advance payment of fifteen (15) percent of the total
value, calculated at the bid price, must be made within thirty (30) days
of approval of the contract. The contract shall further specify that
the purchaser will leave the boundaries and corners of the sale area
well marked at the completion of the contract. The contract will
provide further that in the event trust or other restrictions are
removed from the allotment, or any fractional part thereof, subsequent
to the execution of the contract, the purchaser will make direct payment
for timber cut, less fees for administrative expenses, to the owner (or
owners) of the unrestricted interests. Fees for administrative expenses
will continue to be made directly to the Bureau of Indian Affairs.
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 98550, or the Area Director, Bureau of Indian
Affairs, Portland Area Office, P.O. Box 3785, Portland, Oregon 97208.
Dated this 631129, at Portland, Oregon. Perry E. Skarra, Acting Area
Director. Illegible Meridian, Washington, containing 40 acres, of which
approximately 31 acres are to be logged. This unit contains an
estimated stand to be cut of 268,000 board feet of Pacific silver fir
and 976,000 board feet of western hemlock and other species, which
estimates are not guaranteed. 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 $16.95 per M
feet, B.M., for Pacific silver fir and $16.50 per M feet, B.M., for
western hemlock and other species. 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 Two Thousand One Hundred Dollars ($2,100.00) 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
bny 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. The deposit of the successful
bidder will be applied as part of the purchase price against timber cut
on this unit only, or retained as liquidated damages if the bidder shall
not execute the contract and furnish a satisfactory bond in the amount
of Four Thousand Dollars ($4,000.00) within thirty (30) days of
acceptance of his bid. The contract will specify that all designated
timber shall be cut and removed from the unit by 641231, 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 scaled
by the purchaser. An advance payment of fifteen (15) percent of the
total value, calculated at the bid price, must be made within thirty
(30) days of approval of the contract. The contract shall further
specify that the purchaser will leave the boundaries and corners of the
sale area well marked at the completion of the contract. The contract
will provide further that in the event trust or other restrictions are
removed from the allotment, or any fractional part thereof, subsequent
to the execution of the contract, the purchaser will make direct payment
for timber cut, less fees for administrative expenses, to the owner (or
owners) of the unrestricted interests. Fees for administrative expenses
will continue to be made directly to the Bureau of Indian Affairs.
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 98550, or the Area Director, Bureau of Indian
Affairs, Portland Area Office, P. O. Box 3785, Portland, Oregon 97208.
Dated this 631129, at Portland, Oregon. Perry E. Skarra, Acting Area
Director.
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
WASHINGTON
560100
ILLEGIBLE
LEGEND
Map not keyed, see original
TO BE EXECUTED IN SEXTUPLET
5-488
480600
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Bond No. 516339
BOND
KNOW ALL MEN BY THESE PRESENTS, That we, HALLCUM LOGGING CO., INC.
of Elma, State of Washington, a corporation organized and existing under
the laws of the State of Washington, having an office and principal
place of business at Elma in the State of Washington, as principal
GENERAL INSURANCE COMPANY OF AMERICA a corporation organized and
existing under the laws of the State of Washington, having its principal
office at Seattle, Wash.), as surety, are held and firmly bound unto the
United States of America in the penal sum of Four Thousand and no/100
dollars ($4,000.00), 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 640122
The condition of this obligation is such that;
WHEREAS, HALLCUM LOGGING CO., INC. principal herein, did on the
640107 propose to purchase, at the rate of Twenty Two and no/100 dollars
($22.00), per M feet, B.M., for Pacific silver fir; and Twenty and
55/100 Dollars ($22.33) 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: SE1/4 SE1/4 Section 34,
Township 24 North, Range 12 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 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 640114, duly accept said
proposal, and the proposal and acceptance were thereupon reduced to a
written contract.
NOW, THEREFORE, if the above-bounden HALLCUM LOGGING CO., IN.C 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 day
of 640122
(CORPORATE SEAL OF PRINCIPAL IF CORPORATION)
Attest:
Chester J. Cummings Secretary
HALLCUM LOGGING CO., INC. C. W. Hall, Pres.
TWO WITNESSES REQUIRED TO SIGNATURE OF EACH PRINCIPAL AND SURETY.
PRINCIPALS AND SURETIES SIGN AND AFFIX SEALS
GENERAL INSURANCE COMPANY OF AMERICA
BY Richard H. Ericson Attorney-in-Fact
(CORPORATE SEAL OF SURETY, IF CORPORATION)
Attest:
Ida Dahl
DEPARTMENT OF THE INTERIOR,
640203
APPROVED:
(Sgd) PERRY E. 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.
POWER OF ATTORNEY
GENERAL INSURANCE COMPANY OF AMERICA Home Office SEATTLE, WASHINGTON
No. 1517
KNOW ALL MEN BY THESE PRESENTS:
That the General Insurance Company of America by R. E. BANGERT Its
Vice-President, in pursuance of authority granted by Sections 3 and 4,
Article V, of the By-Laws of said Company, a copy of which sections is
hereto attached, does hereby nominate, constitute and appoint, RICHARD
H. ERICSON its true and lawful attorney-in-fact, to make, execute, scal
and deliver for and on its behalf, and as its act and deed any and all
bonds and undertakings, in its business of guaranteeing the fidelity of
persons holding places of public or private trust and the performance of
contracts other than insurance policies, and executing and guaranteeing
bonds or other undertakings required or permitted in all actions or
proceedings, or by law required or permitted.
All such bonds and undertakings as aforesaid to be signed on behalf
of the General Insurance Company of America and the corporate seal of
the Company affixed thereto by RICHARD H. ERICSON, individually.
And the execution of such bonds or undertakings in pursuance of these
presents shall be as binding upon said Company, as fully and amply, to
all intents and purposes, as if they had been duly executed and
acknowledged by the regulatly elected officers of the Company at its
Home Office, Seattle, Washington, in their own proper persons.
IN WITNESS WHEREOF, the said R. E. BANGERT has hereunto subscribed
his name and affixed the Corporate Seal of the said General Insurance
Company of America this 630420.
(SEAL)
(signed) R. E. Bangert Vice-President
STATE OF WASHINGTON, COUNTY OF KING, ss.
On this 630420 A.D. before subscriber, a Notary Public of the State
of Washington, in and for the County of King, duly commissioned and
qualified, came R. E. BANGERT Vice-President of the General Insurance
Company of America, to me personally known to be the individual and
officer described in, and who executed, the preceding instrument, and he
acknowledged the execution of the same, and being by me duly swom,
deposeth and saith, that he is the officer of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal
of said Company, and the said Corporate Seal and his signature as such
officer was duly affixed and subscribed to the said instrument by the
authority and direction of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
Official Seal the day and year first above written.
(SEAL)
(signed) Ida Dahl Notary Public
Extracts from By Laws of the General Insurance Company of America,
adopted 230228, and amended 500427, by the Stockholders:
"Article V, Section 3. POWERS AND DUTIES OF PRESIDENT:++++He shall
also have power and authority to designate individuals under appropriate
titles who shall be authorized to execute on behalf of the Company
fidelity and surety bonds and other documents of similar character
issued by the Company in the course of its business and who may also
have authority to attach the official seal of the Company to such
fidelity and surety bonds and documents of like character issued by the
Company in the course of its business."
"Article V, Section 4. POWERS AND DUTIES OF VICE-PRESIDENT:++++In the
absence of the President, the Vice-President, or if more than one
Vice-President, the Vice-Presidents in the order of their election shall
perform the duties of the President, subject to the direction of the
Board of Directors. He shall also have power and authority to designate
individuals under appropriate titles who shall be authorized to execute
on behalf of the Company fidelity and surety bonds and other documents
of a similar character issued by the Company in the course of its
business and who may also have authority to attach the official seal of
the Company to such fidelity and surety bonds and documents of like
character issued by the Company in the course of its business."
I R. E. BANGERT Vice-President of the General Insurance Company of
America, hereby certify that the foregoing is a true copy of Sections 3
and 4, Article V, of the By Laws of said Company and is still in force.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name as
Vice-President and affixed the Corporate Seal of the General Insurance
Company of America, this 630320.
(signed) R. E. Bangert Vice-President
(SEAL) STATE OF WASHINGTON, COUNTY OF KING, ss.
I S. C. STRANDBERG Assistant Secretary of the General Insurance
Company of America, do hereby certify that the foregoing is a true copy
of Sections 3 and 4, Article V, of the By Laws of said Company, and is
now in force; and I do hereby certify that the above and foregoing
Power of Attorney is a true and correct copy of a Power of Atrorney,
executed by said General Insurance Company of America, which is still in
full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said Company, at the City of Seattle, this 640122
S. C. STRANDDERG Assistant Secretary
POWER OF ATTORNEY NO. FROM
GENERAL INSURANCE COMPANY OF AMERICA Home Office: 1347 Brooklyn Ave.
N.E., Seattle 5, Washington
SAFECO,LIFECO,GENERAL INSURANCE
TO
DATED
FILED
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 5 and SE1/4 SE1/4
Section 34, Township 24 North, Range 12 West, Willamette Meridian,
Washington the same being the allotment of Vera Ward Quinault allottee
No. 1411, 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 $16.75 for Pacific silver fir and $16.25 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 Everett, Washington
Date 631107
Witnesses:
ILLEGIBLE LINES Mary Lou Cleveland John W Libby Patience Isom
Reginald Ward 4/12 Robert Ward 4/12 Nellie Cooper Solomon 1/12
APPROVED AS TO FORM AND FILED
610202
VICTOR A. MEYERS SECRETARY OF STATE
BY Jean Dunker ASSISTANT SECRETARY OF STATE
CERTIFICATE AND ARTICLES OF INCORPORATION OF HALLCUM LOGGING CO.,
INC.
KNOW ALL MEN BY THESE PRESENTS, that we, CHESTER J. CUMMINGS, SIMONE
R. CUMMINGS, C. W. HALL and ALICE HALL, citizens and residents of the
State of Washington and of the United States of America, do hereby
associate ourselves together for the purpose of forming a corporation
under the general incorporation laws of the State of Washington, and do
make, adopt, subscribe and certify, in triplicate, the following
Articles of Incorporation:
ARTICLE I.
The name of the corporation shall be HALLCUM LOGGING CO., INC.
ARTICLE II.
The objects for which this corporation is formed and this corporation
shall have power:
FIRST: To engage in the business of logging, and to do a general
logging business; and to acquire, own, hold control and operate logging
equipment, logging camps and logging railroads, and logging works, for
the logging, getting out and putting in of logs, timber and forest
products of all kinds, and marketing the same, and dealing in the same;
and to do a general logging business, and for that purpose to own,
control, construct, acquire and operate logging equipment, logging
railroads and logging roads and roads of all kinds, and logging camps
and logging dumps, and chutes, and booming facilities and booming
grounds, for the handling of logs and timber products of all kinds; and
to contract with others to cut and deliver logs;
SECOND: To catch, sort, haul, boom, drive, raft and deliver logs and
timber products of all kinds, and for that purpose to erect, construct,
maintain and operate booms and booming facilities of all kinds; and to
own, control and operate trucks, equipment, boats, tugs and watercraft
of any kind.
THIRD: To own, hold, buy, sell and deal in logs, timber and timber
lands and real estate of all kinds.
FOURTH: To acquire, own, hold, maintain and operate boats, barges
and watercraft of all kinds.
FIFTH: To acquire, own, hold and deal in real estate and personal
property of all kinds.
SIXTH: To engage in mercantile business, and to operate stores.
SEVENTH: To subscribe for, purchase, invest in, hold, own and
otherwise deal in shares of capital stock in this or any other
corporation; to borrow money and secure the same by the execution of
the necessary credit transactions.
EIGHTH: To engage in a partnership, and to become a member of a
partnership with any individual or individuals, or other corporation.
NINTH: To build, improve, maintain and contract with others for the
construction and maintenance of logging roads, and to engage in the
general contracting and construction business, including road, highway
and street construction and repair.
TENTH: To manufacture, buy, sell and generally deal in all kinds of
building materials, including paving and road construction materials.
ELEVENTH: To buy, sell, deal in, cut, manufacture and transport
logs, timber and timber products, lumber and other wood products; and
to own, lease, operate, buy and sell equipment for such purposes, and to
do all things usual, necessary and proper in connection with log
hauling, logging and lumbering operations.
TWELFTH: To manufacture, buy, sell and generally deal in all kinds
of log hauling equipment and materials, and to engage in the general
business of hauling logs.
THIRTEENTH: To engage in any business in which a natural person
might engage, including the operation of sawmills.
FOURTEENTH: To do each and everything necessary, suitable or proper
for the accomplishment of any and all of the purposes and objects, or
the attainment of any of the purposes and objects hereinbefore
enumerated, or which shall at any time appear conducive or expedient for
the protection or benefit of this corporation and, generally, to carry
out the objects, powers and purposes hereinbefore specified, and to
enjoy all the rights, benefits, privileges and immunities incident to
and conferred under and by virtue of the laws of the State of
Washington.
ARTICLE III.
The time of the existence of this corporation shall be perpetual.
ARTICLE IV.
The principal place of business of said corporation shall be: Elma,
Grays Harbor County, State of Washington; mailing address shall be
Elma, Washington.
ARTICLE V.
The capital stock of this corporation shall be 500 shares common
stock, each having a par value of $100.00.
ARTICLE VI.
The amount of the paid in capital with which the corporation will
begin business is EIGHT HUNDRED AND NO/100 ($800.00) DOLLARS.
ARTICLE VII.
The number of directors of this corporation shall be not less than
three (3) nor more than eleven (11), and the names of those who shall be
the first directors of this corporation and who shall manage the affairs
of said corporation for one year from date of filing hereof, and until
their successors have been duly elected and qualified, are:
CHESTER J. CUMMINGS, Central Park, Washington SIMONE R. CUMMINGS,
Central Park, Washington C. W. HALL, Elma, Washington ALICE HALL, Elma,
Washington
ARTICLE VIII.
The names and postoffice addresses of each of the incorporators,
together with a statement of the number of shares subscribed by each,
are as follows:
CHESTER J. CUMMINGS, 2 shares Central Park, Washington SIMONE R.
CUMMINGS, 2 shares Central Park, Washington C. W. HALL, 2 shares Elma,
Washington ALICE HALL, 2 shares Elma, Washington
IN WITNESS WHEREOF, we, the said CHESTER J. CUMMINGS, SIMONE R.
CUMMINGS, C. W. HALL and ALICE HALL, have hereunto set our hands and
seals in triplicate this 610124.
C. W. Hall
Chester J. Cummings
Simone R. Cummings
Alice Hall
STATE OF WASHINGTON)
:SS.
GRAYS HARBOR COUNTY)
I, the undersigned, a Notary Public in and for the State of
Washington, do hereby certify that on this 610124, personally appeared
before me CHESTER J. CUMMINGS, SIMONE R. CUMMINGS, C. W. HALL and ALICE
HALL, to me known to be the individuals described in and who executed
the foregoing Articles of Incorporation, in triplicate, and acknowledged
that they signed and sealed the same as their free and voluntary act and
deed, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
Phylis W. Johnson
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, residing at Hoquiam
(I) 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. In addition,
any non-merchantable partially dead tree meeting the diameter and height
specifications of Section 9(c) that creates a fire hazard shall also be
felled.
16. Road Construction and Maintenance.
See Section 10 of the Standard Provisions.
Form 5-611
17. Performance Bond. The Purchaser delivers herewith and agrees to
maintain a bond satisfactory to the Approving Officer in the sum of
$4,000.00 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
Provisions, 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.
Form 5-611
19. Effective Date. This contract shall become effective on the
date of approval by the Approving Officer.
Signed and Sealed in sextuplet as of 640114
PURCHASER
Witnesses: Ernest P Anderson Ruth Hammock (ILLEGIBLE) Catherine E.
Jackson
HALLCUM LOG. CO., INC. Name of corporation, partnership or
individual
By C W Hall, Pres.
SELLER
SGN: W. D. BABBY ACTING SUPT.
APPROVING OFFICER
Approved: 640203 Name (Sgd) PERRY E. SKARRA Title Assistant Area
Director
If Purchaser is a corporation, the following certificate must be
executed:
I, Chester J Cummings, certify that I am the Secretary of the
corporation named as the Purchaser herein; that C.W Hall, 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.
Chester J. Cummings (CORPORATE SEAL)
Form 5-610
600300
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 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 determined. In the
event any timber covered by the contract is lost, 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 furnishes 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.
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 lakes 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.
Payments and deposits shall be by check or postal money order, drawn
payable to the Bureau of Indian Affairs, or in cash, and 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, unless
otherwise specified in contracts in which the cutting period does not
exceed 1 year. 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 Operaitons. 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 merchatable 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 increase the maximum annual cut or extend the contract or both,
subject to such conditions as he deems most equitable to both parties.
When the contract specifies that timber will be designated for cutting
by placing a distinctive mark on each tree to be cut, the Bureau of
Indian Affairs is not obligated to complete the marking of each tree to
be cut prior to adjustment of the contract under the authority of this
paragraph.
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 dujring 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. 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
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
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 two-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 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 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) Treating of Slash. The treatment of slash shall be accomplished
by the Pruchaser concurrently with other phases of logging operations.
Slash shall mean limbs, tops,
File Grays Harbor Co: Wash. 610208 at 8.00 A. M. at request of
Parker & Johnson L. E. Christianson, Auditor, by ILLEGIBLE
STATE OF WASHINGTON
SS.
County of Grays Harbor
I,L.E. Christiansen, Auditor of Grays Harbor County, State of
Washington and ex-officio Recorder of Deeds and other instruments, do
hereby certify that I have compared the foregoing copy with the original
Instrument as the same appears on file and of record in my office, and
that the same is a true and perfect transcript of said original and of
the whole thereof.
Witness my hand and official seal this 640122.
L. E. CHRISTIANSEN, Auditor of Grays Harbor County, Washington By
Ophilia Jeale Deputy
STATE OF WASHINGTON
ss.
CERTIFICATE OF TRUE COPY
GRAYS HARBOR COUNTY
CHESTER J. CUMMINGS, being first duly sworn, on oath deposes and
says: That he is Secretary of Hallcum Logging Co., Inc., a Washington
corporation, and he has the custody of the books and records of said
corporation; and that the copy of the By-Laws of Hallcum Logging Co.,
Inc. attached hereto is a true and correct copy of the By-Laws of
Hallcum Logging Co., Inc.
IN WITNESS WHEREOF, he has signed this certificate and affixed the
corporate seal this 640124.
(Corporate Seal)
Chester J. Cummings
SUBSCRIBED AND SWORN to before me this 640124.
Catherine E. Jackson NORTARY PUBLIC in and for the State of
Washington residing at Montesano
BY-LAWS
of
HALLCUM LOGGING CO., INC.
-)(-)(-
ARTICLE I
Name and Location
Section 1. - The name of this corporation shall be HALLCUM LOGGING
CO., INC.
Section 2. - Its principal office shall be located at Elma, Grays
Harbor County, State of Washington.
Section 3. - Other offices for the transaction of business shall be
located at such other places as the Board of Directors may from time to
time determine.
ARTICLE II. Capital Stock
Section 1. - The amount of the capital stock shall be FIFTY THOUSAND
and No/100 DOLLARS ($50,000.00), which shall be divided into five
hundred (500) shares of the par value of ONE HUNDRED and No/100 DOLLARS
($100.00) each.
Section 2. - All certificates of stock of the corporation shall be
numbered and shall be entered in the books of the corporation as they
are issued. They shall exhibit the holder's name and the number of
shares standing to his credit as evidence by the certificate, and shall
be signed by the President, or Vice-President, and Secretary and
Treasurer, and shall have the corporate seal affixed to them.
Section 3. - Transfers of stock shall be made only on the books of
the corporation, and the old certificate, properly endorsed, shall be
surrendered and cancelled before a new certificate is issued. The stock
books of the corporation shall be closed against transfers for a period
of three (3) days before the day of payment of a dividend and for ten
(10) days before each annual meeting of stockholders.
Section 4. - Transfers of stock shall be made on the books of the
corporation only by the persons named in the certificate or by attorney,
lawfully constituted in writing, and upon surrender of the certificate
therefor.
Section 5. - The Board of Directors may close the transfer books in
their discretion for a period not exceeding thirty (30) days preceding
any meeting, annual or special, of the stockholders, or the day
appointed for the payment of a dividend.
Section 6. - The corporation shall be entitled to treat the holder
of record of any share or shares of stock as the holder in fact thereof,
and accordingly shall not be bound to recognized any equitable claim or
any other claim to or interest in such shares on the part of any other
notice thereof, save as expressly provided by the laws of Washington.
Section 7. - Any person claiming a certificate of stock to be lost
or destroyed shall make an affidavit or affirmation of that fact and
advertise the same in such manner as the Board of Directors may require,
and shall, if the Directors so require, give the corporation a bond of
indemnity, in form and with one or more sureties satisfactory to the
Board, in at least double the par value of the stock represented by said
certificate, whereupon a new certificate may be issued of the same tenor
and for the same number of shares as the one alleged to have been lost
or destroyed.
ARTICLE III
Stockholders Meetings
Section 1. - After the first annual meeting in 610200, the regular
annual meeting of the stockholders shall be held at 4:00 o'clock P. M.
on the first Tuesday of 620200, and on the first Tuesday of February in
each year thereafter, at the principal office of the corporation. At
such meeting the stockholders may elect, by plurality vote and by
ballot, a Board of Directors to serve until their successors shall be
elected and qualified, and shall transact such other business as may
properly be brought before such meeting.
Section 2. - The holders of a majority of the common stock issued
and outstanding, and entitled to vote thereat, present in person or
represented by proxy, shall be requisite and shall constitute a cuorum
at all meetings of the stockholders for the transaction of business
except as otherwise provided by law, by the certificate of
incorporation, or by these By-Laws. If, however, such majority shall
not be present or represented at any meeting of the stockholders, the
stockholders entitled to vote thereat, present in person, or by proxy,
shall have the power to adjourn the meeting, until the requisite amount
of voting stock shall be present. At such adjourned meeting, at which
the requisite amount of voting stock shall be represented, business may
be transacted at the meeting as originally notified.
Section 3. - At such meeting of the stockholders, every stockholder
having the right to vote shall be entitled to vote in person, or by
proxy appointed by an instrument in writing subscribed by such
stockholder and bearing a date not more than three (3) years prior to
said meeting, unless said instrument provides for a longer period. Each
stockholder shall have one vote for each share of stock having voting
power, registered in his name upon the books of the corporation, except
that no share of stock shall be voted on at any election for Directors
which has been transferred on the books of the corporation within twenty
(20) days next preceding such election. The vote for Directors, and,
upon demand of any stockholder, the vote upon any question before the
meeting, shall be by ballot. All elections shall be had and all
questions decided by a plurality vote.
Section 4. - Written notice of the annual meeting shall be mailed to
each stockholder entitled to vote thereat at such address as appears on
the stock book of the corporation, at least five (5) days prior to the
meeting.
Section 5. - A complete list of stockholders entitled to vote at the
ensuing election, arranged in alphabetical order, with the residence of
each, and the number of voting shares held by each, shall be prepared by
the Secretary and filed in the office where the election is to be held,
at least ten (10) days before every election, and shall at all times,
during the usual hours of business, and during the whole time for said
election, be open for the examination of any stockholder.
Section 6. - Special meetings of the stockholders for any purpose or
purposes unless otherwise prescribed by statute, may be called by the
President, or Secretary, at the request in writing of stockholders
ownina a majority in amount of the entire capital stock of the
corporation issued and outstanding and entitled to vote. Such request
shall state the purpose or purposes of the proposed meeting.
Section 7. - Business transacted at all special meetings shall be
confined to the objects stated in the call therefor.
Section 8. Written notice of a special meeting of stockholders,
stating the time and place and object thereof shall be mailed, postage
prepaid, at least five (5) days before such meeting, to each stockholder
entitled to vote thereat, at such address as appears on the books of the
corporation.
Section 9. The stockholders shall have power, by a majority vote, at
any meeting regularly called, to remove any Director or officer from
office.
ARTICLE IV.
Directors
Section 1. The business and property of the corporation shall be
managed by a Board of three (3) Directors who shall be elected by the
stockholders, but at the regular annual meeting of the stockholders of
the corporation, to be held in the month of 600200, or at any time
thereafter, the number of such Directors may, by By-Law of the
corporation, be increased to any number not exceeding seven (7). Each
director shall be a stockholder. A transfer by a Director of all of his
stock in the corporation shall operate as a resignation of his office.
Section 2. The Directors may hold their meetings and have one or
more offices at Elma, or at such other places as they may from time to
time determine.
Section 3. The Board of Directors may appoint from among themselves
an Executive Committee of two (2) members and such other Committees as
they may think proper.
Section 4. In addition to the powers and authorities by these
By-Laws expressly conferred upon them, the Board may exercise all such
powers of the corporation and do all such lawful acts and things as are
not by statute or by the certificate of incorporation or by these
By-Laws directed to be exercised or to be done by the stockholders.
Section 5. Directors, as such, shall not receive any stated salary
for their services, but by resolution of the Board of Directors, a fixed
sum and expenses of attendance, if any, may be allowed for attendance at
each regular or special meeting of the Board; PROVIDED that nothing
herein contained shall be construed to preclude any Director from
serving the corporation in any other capacity and receiving compensation
therefor.
Section 6. Members of special or standing committees may be allowed
like compensation for attending committee meetings.
ARTICLE V.
Meeting of Directors
Section 1. A meeting of the Directors shall be held in the principal
office of the corporation immediately following the adjournment of each
annual stockholders meeting, and no notice of such meeting shall be
necessary to the newly elected Directors in order to legally constitute
the meeting; PROVIDED a majority of the whole Board shall be present;
or they may meet at such place and time as shall be fixed by a consent
in writing of all the Directors.
Section 2. Regular meetings of the Board may be held without notice
at such time and place as shall be from time to time determined by the
Board.
Section 3. Special meetings of the Board may be called by the
President on three (3) days' notice to each Director, either personally
or by mail or by telegram; special meetings may be called by the
President or Secretary in like manner and on like notice on the written
request of two (2) Directors.
Section 4. At all meetings of the Board a majority of the Directors
shall be necessary and sufficient to constitute a quorum for the
transaction of business, and the act of the majority of Directors
present at any meeting at which there is a quorum shall be the act of
the Board of Directors, except as may be otherwise specifically provided
by statute or by the certificate of incorporation or by these By-Laws.
ARTICLE VI
Officers
Section 1. The Officers of this corporation shall be chosen by the
Directors, and shall be a President, Vice President, Secretary,
Treasurer. The President and Treasurer may be the same person, and the
Vice-President may hold at the same time the office of Secretary or of
Treasurer, and the Secretary and Treasurer may be the same person.
Section 2. The Board of Directors at its first meeting after each
annual meeting of stockholders, shall choose a as may be prescribed by
the Board of Directors or by the President under whose supervision he
shall be. He shall have custody of the seal of the corporation and when
authorized by the Board of Directors shall affix the same to any
instrument requiring it, and when so affixed it shall be attested by his
signature.
Section 10. (a) The Treasurer shall have the custody of the
corporate funds and securities and shall keep full and accurate accounts
of receipts and disbursements in books belonging to the corporation and
shall deposit all moneys and other valuables in the name and to the
credit of the corporation in such depositories as may be designated by
the Board of Directors.
(b) He shall disburse the funds of the corporation as may be ordered
by the Board, taking proper vouchers for such disbursements, and shall
render to the President and Directors, at the regular meetings of the
Board, or whenever they may require it, an account of all his
transactions as Treasurer and of the financial condition of the
corporation.
ARTICLE VII
Dividends and Finance
Section 1. Dividends, to be paid out of the surplus earnings of the
corporation, may be declared from time to time by resolution of the
Board of Directors; but no dividend shall be paid that will impair the
capital of the corporation.
Section 2. The funds of the corporation shall be deposited in such
bank or trust company as the Directors shall designate, and shall be
withdrawn only upon the check or order of the Treasurer.
ARTICLE VIII
Vacancies
Section 1. If the office of any Director, or of any office or agent,
one or more, becomes vacant by reason of death, retirement,
disqualification, removal from office, or otherwise, the Directors then
in office, although less than a quorum, by a majority vote, may choose a
successor or successors, who shall hold office for the unexpired term in
respect of which such vacancy occured.
ARTICLE IX
Executive Committee
Section 1. If the Board of Directors of said corporation shall
appoint an Executive Committee, the President of the corporation shall
be one of the members thereof and its Chairman. During the interval
between meetings of the Board of Directors, the Executive committee
shall possess and may exercise all the powers of the Board of Directors
in the management and direction of the affairs of the corporation in all
cases in which specific directions shall not have been given by the
Board of Directors. It shall keep regular minutes of its proceedings,
shall meet at the call of the Chairman, or any member of the Committee,
and shall report regularly to the Board of Directors.
ARTICLE X
Delegation of Duties of Officers
Section 1. In case of absence of any office of the corporation, or
for any other reason that the Board may deem sufficient, the Board may
delegate for the time being, the powers or duties, or any of them, of
such officer to any other officer, or to any Director.
ARTICLE XI
Inspection of Books
Section 1. The Directors may determine from time to time whether,
and, if allowed, when and under what conditions the accounts and books
of the corporation, except such as may be statute specifically required
to be open for inspection, or any of them, shall be open to inspection
of the stockholders, and the stockholders rights in this respect are and
shall be restricted and limited accordingly.
ARTICLE XII
Amendments
Section 1. These By-Laws may be altered or amended by the
affirmative vote of the majority of the stock (capital stock) issued and
outstanding and entitled to vote thereat, at the regular or any special
meeting of the stockholders, but no alteration or amendment shall be
made at any special meeting unless notice thereof be given as provided
by the By-Laws and no change of the time or place for election of
Directors shall be made within thirty (30) days next before the day on
which such election is to be held.
ARTICLE XIII Sale of Stock
Section 1. No stockholder of this corporation shall sell or transfer
his stock in said corporation to any person or persons without first
offering said stock to the remaining stockholders of said corporation,
so that if purchased by them it may be pro-rated among the remaining
stockholders. If said parties are unable to agree as to the price to be
paid for such stock, then, and in that event, such price shall be fixed
by a Board of Arbitrators appointed in the usual manner, and the report
of such Board shall be final as to such value.
ARTICLE XIV Construction of By-Laws
Section 1. These By-Laws shall be signed by all stockholders, and,
upon being so signed, the provisions thereof shall constitute a mutual
contract binding upon all subscribers and stockholders, their heirs and
successors in interest, and such obligations are only to be changed by
amendment of the By-Laws in the manner herein provided.
(ILLEGIBLE) Alice Hall Chester J. Cummings (ILLEGIBLE)
STATE OF WASHINGTON SS. GRAYS HARBOR COUNTY
We, the undersigned, Directors of HALLCUM LOGGING CO., INC., a
corporation, do hereby certify that the above and foregoing By-Laws,
consisting of nine (9) pages and fourteen (14) Articles, have been duly
adopted as the By-Laws of said corporation.
WITNESS our hands this 610209.
(ILLEGIBLE) Alice Hall Chester J. Cummings (ILLEGIBLE)
STATE OF WASHINGTON ss. SECRETARY'S CERTIFICATE GRAYS HARBOR COUNTY
I, CHESTER J. CUMMINGS, secretary of Hallcum Logging Co., Inc., a
Washington corporation, do hereby certify that at a meeting of the Board
of Directors of the corporation, duly called, held at its office in the
City of Elma, Grays Harbor County, Washington, on 631203, at which a
quorum was present, the following resolution was unanimously adopted:
BE IT RESOLVED: That C. W. Hall, as president of the corporation, is
hereby authorized to bid at any or all auction sales of timber as he in
his own judgment deems advisable in behalf of the corporation and is
further authorized to transact such business as necessary including
entering into of contracts on behalf of the corporation if he should be
the successful bidder at such sales.
IN WITNESS WHEREOF, I have signed this certificate and affixed the
corporate seal this 640124.
(Corporate Seal)
Chester J. Cummings CHESTER J. CUMMINGS
SUBSCRIBED AND SWORN to before me this 640124.
Catherine E. Jackson NOTARY PUBLIC in and for the State of Washington
residing at Montesano
ABSTRACT of proposals received at Hoquiam, Washington 640107 for the
sale of Timber, Ward #2 logging Unit, Quinault Indian Reservation, Wash.
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 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.
(ILLEGIBLE) Superintendent
MAILING LIST - WARD #2 LOGGING UNIT
1. Aberdeen Alders, Inc. Box 16, Aberdeen, Washington
2. Aloha Lumber Corp. Aloha, Washington
3. G. T. Anderson 601 West Cushing, Aberdeen, Wash.
4. Glenn Anderson Box 56, Smith River, California
5. Anderson & Middleton Log. Co. Box 80, Aberdeen, Wash.
6. John Andrews Route 4, Box 68, Hoquiam, Wash.
7. Norman Barnes & Co., Inc. 413 Norton Building, Seattle 4, Wash.
8. Raymond Beach 137 Lake Vista Ave., Westlake, Daly City,
California
9. Bell Log. Co. 617 Hill Road, Aberdeen, Wash.
10. George H. Bertrand Clearweater, Washington
11. Ted Bialkoski Route 1, Box 594, Montesano, Wash.
12. E. K. Bishop Lbr. Co. Aberdeen, Wash.
13. Blagen Tbr. Co. Box 240, Hoquiam, Wash.
14. L. H. Bradshaw Napavine, Wash.
15. Bridge Bros. Box 115, Hamilton, Wash.
16. Don Brotherson Route 3, Box 220, Centralia, Wash.
17. Buchanan Lbr. Co. Box 396, Olympia, Wash.
18. Bob Carl Clearwater, Wash.
19. D. J. Caulkins Log. Co. Box 21, Forks, Wash.
20. Gene Coates Forks, Wash.
21. Howard Conkle 2645 34th West, Seattle, Wash.
22. George Coultas Box 307, Winslow, Bainbridge Island, Wash .
23. Davidson Log. Co. Box 1355, Ketehikan, Alaska
24. Floyd Dickinson 420 East 1st, Port Angeles, Wash.
25. Dickman Lbr. Co. 2423 Ruston Way, Tacoma, Wash.
26. Domrude Log. Co. Box 272, Skykomish, Wash.
27. D. L. Dullenty 5 "A" Street NE, Auburn, Wash.
28. Durham Log. Co. 3114 Pacific Ave., Hoquiam, Wash.
29. Elma Ply. Corp. Box 275, Elma, Wash.
30. Esses Log. Co. Amanda Pak, Wash.
31. Everett Ply. & Door Box 909, Everett, Wash.
32. Ferbes Log. Co. Route 2, Box 101, Amanda Park, Wash.
33. Fox Log. Co. 1005 West 5th, Port Angeles, Wash.
34. Frontier Log. Co. Box 187, Forks, Wash.
35. Ralph Graham Route 3, Box 241, Hoquiam, Wash.
36. Patrick Gray 1424 SE 53rd St., Portland 15, Ore.
37. Grays Harbor Veneer Box 239, Hoquiam, Wash.
38. John J. Gwin Route 1, Box 126, Hoquiam, Wash.
39. Harbor Ply. Corp. Box 940, Aberdeen, Wash.
40. George Hawks, Huffman Motors 123 East 1st, Aberdeen, Wash.
41. F. R. Henry Log. Co. Box 357, Forks, Wash.
42. Hoquiam Ply. Corp. Hoquiam, Wash.
43. Don Holland 1511 Bay Avenue, Hoquiam, Wash.
44. Thomas W. Ilstad 1530 Initial, Enumclaw, Wash.
45. John Impola 83 Columbia Street, Seattle, Wash.
46. International Paper Co. Weedlands Dept., Longview, Wash.
47. Harvey Johnson Box 787, Castle Rock, Wash.
48. Stanley Johnson Route 1, Box 232, Oakville, Wash.
49. Walter Kandoll Banfield, B.C., Canada
50. Wendell Keene Aberdeen World, Aberdeen, Wash.
51. Vincent C. Krets 3617 74th, Mercer Island, Washington
52. Latimer & Sons, Inc. Box 427, Woodlawn, Wash.
53. L.B.N. Log. Co., Inc. Route 1, Box 29, Montesano, Wash.
54. Kingsley Lbr. Co. Box 6215, Linnton Station, Portland 10
55. Bud Kuhn Route 3, Mount Vernon, Wash.
56. Lamb & Sons Log. Co. Box 566, Forks, Wash.
57. Eugene Lindner Route 4, Box 67, Saohomish, Wash.
58. Littlerock Lbr. Co. Littlerock, Wash.
59. M & D Tbr. Co. Sol Duc Hot Springs, Port Angeles, Wash.
60. Manes Log. Co. Clallam Bay, Wash.
61. George Martinson 1912 West 6th, Aberdeen, Wash.
62. Mayr Bros. Log. Co. Route 3, Box 508, Hoquiam, Wash.
63. McDonald Log. Co. Box 37, Amanda Park, Wash.
64. Arthur R. McKay 1324 Bel Aire, Aberdeen, Wash.
65. Daniel F. McLeod 18770 Avenue 23 1/2, Chowchila, California
66. Merrill & Ring, West Lbr. Co. Port Angeles, Wash.
67. E. C. Miller 12007 NE Fargo Court, Portland 20, Ore.
69. Morrison Log. Co. Box 1019, Aberdeen, Wash.
70. S. A. Newman Forest Engineers, Box 156, Everett, Wash.
71. Pacific Lbr. & Shipping Co. 620 Washington Bldg., Seattle,
Wash.
72. Parrino Bros. Route 2, Box 207, Enumolaw, Wash.
73. Arne J. Peterson 112 Colorado, Box 115, Longview, Wash.
74. Peninsula Ply. Corp. Box 311, Port Angeles, Wash.
75. Robert Plant Humptulips, Wash.
76. Pope & Talbot, Inc. Port Camele, Wash.
77. Walter Plumb Copalis Beach, Wash.
78. Puget Sound Ply. Corp. 230 East F Street, Tacoma, Wash.
79. Puget Sound Pulp & Tbr. Co. Bellingham, Wash.
80. Rayonier Inc. Box 539, Hoquiam, Wash.
81. George M. Rogers 1009 State St., Raymond, Wash.
82. Robert L. Rogers Route 4, Box 274, Olympia, Wash.
83. Fred Root Box 698, Hoquiam, Wash.
84. Stanwood Lbr. Co. Stanwood, Wash.
85. S & M Lbr. Co. Route 2, Box 915, Oregon City, Ore.
86. Scott Paper Co. Everett, Wash.
87. Seaboard Lbr. Co. Box 1947, Seattle 11, Wash.
88. Calvin Siddle Box 21, LaConner, Wash.
89. Francis Smith 1920 Pacific Avenue, Aberdeen, Wash.
90. Tom Spradlin 645 Chenault, Hoquiam, Wash.
91. St. Ragis Paper Co. 1216 St. Paul Avenue, Tacoma 2, Wash.
92. Perry Stoner Route 2, Box 376, Shelton, Wash.
93. Tacoma Narrows Lbr. Inc. Box 176, Stidacoom, Wash.
94. Taylor Bros. Log. Co. 3114 Pacific, Hoquiam, Wash.
95. Thomas Lbr. Co. Klamath Falls, Ore.
96. R. J. Ultican Remfg. Co. Box 305, Aberdeen, Wash.
97. Valley Eight Log. Co. Deep River, Wash.
98. Clarence Vanderjacj 3700 SW Upper Drive, Lake Cawego, Ore.
99. Bill Wampler Box 134, Chiloquin, Ore.
100. Bill Wells Box 12, Silverdale, Wash.
101. Jim W. Wells Log. Co. Route 3, Box 1160, Hoquiam, Wash.
102. West Coast Ply. Corp. Box 1180, Aberdeen, Wash.
103. West Tacoma Newsprint Box 8, Stielacoom, Wash.
104. Western Forest Ind. Assn. 2319 Lloyd Center, Portland 12, Ore.
105. Western Lbr. Co. Box 240, Aberdeen, Wash.
106. Weyerhaeuser Co. Box 1645, Tacoma, Wash.
107. Dan Williams, Tbr. Div., Evans Harbor Products, Box 1036,
Aberdeen, Wash.
108. Williamson Log. Co. Route 3, Box 890, Hoquiam, Wash.
109. Wilson & Sutton 8305 Lewis River Road, Ariel, Wash.
110. Womer Bros. Log. Co. Amanda Park, Wash.
111. K. B. Wood & Assos., Inc. 601 Dekum Bldg., Portland 4, Ore.
112. Roy York 1232 Railjroad, Shelton, Wash.
113. Joe Zedrick 1109 East Wishkah St., Aberdeen, Wash.
114. George Kron Route 1, Box 564, Moutesano, Wash.
115. Ford & Mundy Log. Co. Forks, Wash.
116. Daniels Cedar Products, Inc. 110 Bishop St., Aberdeen, Wash.
117. William Ellard 701 Simpson, Emerson Hotel, Hoquiam, Wash.
118. Washington Pulp & Tbr. Co. P. O. Box 712, Copalis Cresing,
Wash.
119. Millman Lbr. Co. Box 293, Pacific Beach, Wash.
120. City Lumber Co. of Bridgeport, Inc. Attn: Everett Wright,
2130 SW Fifth, Portland, Oregon
121. Mrs. W. A. Fuller c/o Queets Motel, Clearwater, Wash.
122. John Phelps, Century Shake Co. P. O. Box 747, Copalis
Crossing, Wash.
123. Marenakos Log. Co, Inc. Morton, Wash.
124. O. C. House Route 1, Box 329, Elma, Wash.
125. Don Betts Copalis Beach, Wash.
126. William B. Ayers Route 3, Box 584, Hoquiam, Wash.
127. Clark Reed Box 54, Quinault, Wash.
POST OFFICES AT: Aberdeen, Aloha, Amanda Park, Centralis, Chehalis,
Clallam Bay, Copalis Beach, Copalis Crossing, Elma, Forks, Hoquiam,
McCleary, Montesano, Neah Bay, Olympia, Pacific Beach, Port Angles, Port
Townsend, Quileene, Sequim, Shelton, Tacoma, Taholah, Washington.
OTHER AGENCIES: Colville, Warm Springs, Northern Idaho, and Yakima
FOREST OFFICER'S REPORT WARD #2 LOGGING UNIT TOWNSHIP 24 NORTH, RANGE
12 WEST QUINAULT RESERVATION
A. Introduction:
The owners of the Vera Ward Allotment No. 1411 have requested the
timber on this area be sold. This allotment is located on the Quinault
Reservation, and is described as follows:
Lot 5 and the SE1/4SE1/4 Section 34, Township 24 North, Range 12
West, Willamette Meridian, Washington
This area contains approximately 86 acres, of which approximately 55
acres has been logged previously. The owners have requested that the
remaining 31 acres of timber be sold to the highest bidder at public
auction.
B. Description of Area:
The area to be logged is located in the SE1/4SE1/4 Section 34,
Township 24 North, Range 12 West, Willamette Meridian, Washington. (The
other portion of the allotment described as Lot 5 was logged in 600000
by the Anderson & Middleton Logging Company, as part of the Ward Logging
Unit.) There are approximately 31 acres of virgin timber, consisting of
mature and over-mature western hemlock and Pacific silver fir. Western
hemlock comprises about 78 percent of the volume. Highway 101 crosses
the southwest corner of the tract. The small area south of the highway
in the southwest corner was logged by the Morrison Logging Company in
590000. A Jefferson County improved gravel road runs along the west
side of the stand.
The topography is moderately level. It is situated on a bench and
slope above Salmon River. A small drainage runs east from the sale
tract into Salmon River.
The lands on three sides of the area are fee patent, and were logged
several years ago. As a result of this exposure, the stand has suffered
some wind damage.
The proximity of paved and gravel roads to the timber provides very
easy access to Grays Harbor markets. No road development will be
required.
C. Current Market Conditions:
The current log market on Grays Harbor has been relatively steady the
past six months. Log prices for all species 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. Prices for the No. 3 grade logs of these
species have shown a slight increase over last year, while prices for
the higher grades have remained firm. The export market is good, and
indications are that it will remain steady steady throughout the year.
These factors, together with the sale location being suitable for winter
operations, should have a favorable influence on the bidding.
D. Recommendations:
It is recommended that the timber on this area be advertised at the
appraised rates, for not less than thirty (30) days. Advertisement is
to be by four insertions in the Aberdeen Daily World, a daily newspaper,
and by circular letters and posters. Sale of the timber is to be made
by sealed bids, followed by oral auction.
E. Method of Cruise:
A 20 percent line-plot cruise, using 1/5 acre rectangular plots, was
made by forestry personnel. All trees 12 inches D.B.H. and larger were
tallied that contained at least one 32-foot log.
Estimated log grades and volumes are as follows:
Table not keyed, see original
F. Stumpage Appraisal:
This appraisal is based on prices paid by local mills on Grays Harbor
as of 631001.
APPRAISAL SUMMARY
Ward #2 LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
LOG VALUES
Table not keyed, see original
Log Prices from: Eleven manufacturing plants and export companies on
Grays Harbor as of 631001. Establishments include sawmills, veneer &
plywood plants, shingle and shake mills, and an export company.
LOGGING COSTS
Ward #2 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
Table not keyed, see original
II. TRANSPORTATION
.06 Average load @.065/log:
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:
Table not keyed, see original
G. Determination of Stumpage Values:
The stumpage values were determined by the use of the following
formula:
S = V/1.OP - C
1. Western hemlock and other species: $47.48/1.08 - $27.46 = $16.50
2. Pacific silver fir: $47.98/1.08 - $27.46 = $16.97
An allowance of eight (8) 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
considered in arriving at the margin for profit and risk.
H. Recommended Stumpage Values: (rounded to the nearest five cents)
1. Western hemlock and other species $16.50
2. Pacific silver fir $16.95
It is recommended that the timber on the Ward #2 Logging Unit be
advertised at the above rates.
I. Recent Market Data:
An analysis of recent sales on the Quinault Reservation is shown in
Exhibit A. One of these sales had a considerable volume of Sitka
spruce, which is in demand for export. Another sale was purchased for a
winter show, and was bid accordingly. All of these sales were made in
630000. Two of these sales had a considerably larger volume than the
subject sale.
J. Value of Forest Products:
1. Western hemlock & Other species: 976 MBM @$16.50 per M
$16,104.00
2. Pacific silver fir: 268 MBM @$16.95 per M $4,542.60
Total 1,244 MBM $20,646.60
Date: 631120 John W. Palmer Forester
Date: 631122 CONCUR: John W. Libby Forest Manager
Date: 631122 APPROVED: (ILLEGIBLE)
ACTING Superintendent
EXHIBIT A
Analysis of Index Sales Quinault Indian Reservation
Hemlock Stumpage Value
Table not keyed, see original
These sales were made during the past year, under market conditions
similar to present conditions. As indicated, one sale has a high
percentage ratio of bid to conversion return. The purchaser wanted a
winter show, and bid accordingly. All of these three sales are within
one half mile of Highway 101. The highway crosses a corner of one of
these sales. All of these sales had some road construction necessary
for removal of the timber, which the subject sale doesn't have. This
lack of road construction and shorter trucking distance to market has a
favorable influence on stumpage values. These sales have other species
than hemlock and silver fir; one sale had a large volume of spruce,
while another one had a large volume of hemlock, in which the purchasers
were interested. In sales where there are several species, with one
species in predominance bidders will bid high on the species with the
lesser volume. Considering all of these factors, and comparing the
weighted average of the index sales to the proposed sale, indicates the
values for western hemlock and Pacific silver fir are in line with past
sales.
STATISTICAL ANALYSIS - 2 S.D. Ward #2 Logging Unit Net Volumes MBM -
Scribner Decimal C
Table not keyed, see original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
WASHINGTON
560100 O.E.P
Map not keyed, see original
Draft - 631115
ORAL AUCTION SALE OF TIMBER WARD #2 LOGGING UNIT QUINAULT INDIAN
RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Ward #2 Logging Unit", addressed to the Superintendent,
Western Washington Sub-Agency, Hoquiam, Washington, will be received
until 1:30 p.m., Pacific Standard Time, and will be considered the
equivalent of oral auction bids and posted for the information of all
bidders. Oral auction bids will be received by the Superintendent or
his authorized representative at the Hoquiam City Hall Building,
Hoquiam, Washington, beginning at 2:00 p.m., Pacific Standard Time, for
the purchase of timber on a tract within the Quinault Indian Reservation
designated as the Ward #2 Logging Unit. Oral auction bidding will be
restricted to those who have previously submitted an acceptable sealed
bid in accordance with this notice. This unit is more specifically
described as the SE1/4SE1/4 Section 34, Township 24 North, Range 12
West, Willamette Meridian, Washington, containing 40 acres, of which
approximately 31 acres are to be logged. This unit contains an
estimated stand to be cut of 268,000 board feet of Pacific silver fir
and 976,000 board feet of western hemlock and other species, which
estimates are not guaranteed. 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 $16.95 per M
feet, B.M., for Pacific silver fir and $16.50 per M feet, B.M., for
western hemlock and other species. 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 Two Thousand One Hundred Dollars ($2,100.00) 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. The deposit of the successful
bidder will be applied as part of the purchase price against timber cut
on this unit only, or retained as liquidated damages if the bidder shall
not execute the contract and furnish a satisfactory bond in the amount
of Four Thousand Dollars ($4,000.00) within thirty (30) days of
acceptance of his bid. The contract will specify that all designated
timber shall be cut and removed from the unit by 641231, 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. An advance payment of fifteen (15) percent of the total
value, calculated at the bid price, must be made within thirty (30) days
of approval of the contract. The contract shall further specify that
the purchaser will leave the boundaries and corners of the sale area
well marked at the completion of the contract. The contract will
provide further that in the event trust or other restrictions are
removed from the allotment, or any fractional part thereof, subsequent
to the execution of the contract, the purchaser will make direct payment
for timber cut, less fees for administrative expenses, to the owner (or
owners) of the unrestricted interests. Fees for administrative expenses
will continue to be made directly to the Bureau of Indian Affairs.
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 3785, Portland, Oregon 97208. Dated
this day of at Portland, Oregon. Area Director.
5-349d 590200
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.
660808
TO: (ILLEGIBLE)
File attached in file 828-64-339. Western Washington
DO NOT RETURN TO BRANCH OF FORESTRY 330
5-486
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 7 - Final
Period from 641201 to 641231, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-245
Quinault Indian Reservation
Morrison Logging Co., Inc.
Sale Unit Clyde Moses
Table not keyed see original
1. Is the sale being properly administered. Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers. Yes
3. Remarks: Operations are completed: all contractual requirements
have been met; recommended sale be closed.
Streams J W Palmer
Snage J W Palmer
Slash J W Palmer
Roads J W Palmer
Waste J W Palmer
Improvements J W Palmer
Audit Mpi
Other Liability none
(Date of report.) 850104
John W. Libby (Signature of Officer making report.)
John W. Libby, Forest Manager (Title)
Approved 850104
George M Felshaw (Signature of approving officer.) Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
5-486
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 6
Period from 640701 to 640731, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-245 Quinault Indian
Reservation.
Morrison Logging Co., Inc.
Sale Unit Clyde Moses Q#470
Table not keyed see original
1. Is the sale being properly administered. Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers. Yes
3. Remarks: Operator still has minor contractual requirements to
complete before sale can be closed.
640825 (Date of report.)
John W. Libby (Signature of officer making report.)
John W. Libby, Forest Manager (Title.)
Approved 640825
John W. Libby (Signature of approving officer.) Acting Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
5-486
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 5
Period from 640601 to 640630, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-245
Quinault Indian Reservation.
Morrison Logging Co., Inc.
Sale Unit Clyde Moses Q#470
Table not keyed see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Sale is complete except for stream inspection for
logging debris.
640713
John W. Libby, Forest Manager
640713
(ILLEGIBLE) Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits". Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 4
Period from 640501 to 640531, inclusively
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-245 Quinault Indian
Reservation. Morrison Logging Co., Inc. Sale Unit Clyde Moses Q#470
Table not keyed, see original Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should be completed by the end of next
month.
640609
John W. Libby, Forest Manager
Approved 640609
(ILLEGIBLE) ACTING Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 3
Period from 640401 to 640430, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-245 Quinault Indian
Reservation. Morrison Logging Company Sale Unit Clyde Moses #470
Table not keyed, see original
1. Is the sale being properly administered: Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers: Yes
3. Remarks: Operations should continue at the present rate for the
next 30-day period.
640505
(Date of report)
John W. Libby
(Signature of officer making report)
John W. Libby, Forest Manager
Approved 640505
(ILLEGIBLE)
(Signature of approving officer.)
Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amount which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 2
Period from 640301 to 640331 inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-245 Quinault Indian
Reservation. Morrison Logging Company Sale Unit Clyde Moses #470.
Table not Keyed, see Original.
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations were shut down for a couple of weeks this
month. Operations have resumed now and are expected to continue at the
previous rate.
640416
John W. Libby, Forest Manager
Approved 640416
(ILLEGIBLE)
Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amount which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposit." Opposite "Balances should appear the
balance on hand in "Advance Payments" and "Advance Deposits." The "Value
of timber cut and not reported" should be deducted from the "Advance
Deposit" balance and the resultant amount shown opposite the "Net
balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 1
Period from 640201 to 640229, inclusive
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-05101/2245 Quinault Indian
Reservation.
Morrison Logging Company
(Names of purchaser)
Sale Unit Clyde Moses #470
Table not Keyed, see Original.
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should continue at the same level next month
640305
(Date of report)
John W. Libby
(Signature of officer making report)
John W. Libby, Forest Manager
Approved 640305
(ILLEGIBLE)
(Signature of approving manager)
Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits". Opposite "Balances should appear the
balances on hand in "Advance Payments" and "Advance Deposits". The
"Value of timber cut and not reported should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
HEL-009-0020-0099
HEL-009-0019-0099
FELSHAW, G M W WASH AGENCY
650114
CORRESPONDENCE
SUPT W WASH AGENCY
Forestry 339.5 Clyde Moses Q#470
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
650114
Morrison Logging Company, Inc. P. O. Box 1019 Aberdeen, Washington
Gentlemen:
Enclosed are Final Scale Report and Report of Timber Cut, together
with Certificate of Completion covering your operations in the Clyde
Moses Sale Unit on the Quinsult Indian Reservation.
Operations have been completed in accordance with the terms of the
contract. You and the Travelers Indemnity Company, Surety on the Bond,
are hereby relieved of any liability under the contract arising
subsequent to 650107.
Sincerely yours,
Superintendent
Enclosures
Copy to: Travelers Indemnity Company Portland Area Office Hoquiam
Subagency
HEL-009-0100-0100
HEL-009-0100-0158
MORRISON LOGGING CO
650107
CORRESPONDENCE
WILCOX, E R BIA PORTLAND
Forestry 63-10-14 - 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
650107
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 650104, requests authorization to close the Clyde
Moses Logging Unit sale, Quinault Reservation, Washington. You have
enclosed in duplicate the Final Report of Timber Cut and Certificate of
Completion covering operations of Morrison Logging Company, Purchaser,
for Timber Sale Contract No. 14-20-0510-245.
You state that operations of the contractor have been completed in
accordance with the terms of the contract. You request authority to
close the sale and to notify the contractor and the surety company of
relief of further liability under the contract. We have examined all
documents and find them to be in order.
You are hereby authorized to notify the Morrison Logging Company,
Purchaser, and the Travelers Indemnity Company, Surety on the bond, that
they are relieved of any liability under the contract arising subsequent
to the date of this letter.
Please send us two copies of your letters to the purchaser and surety
closing the sale. We shall forward one copy to the Washington Office.
Sincerely yours,
(ILLEGIBLE LINE) Acting Assistant Area Director
cc: Commissioner, Attn. Br. of Forestry w/enclosures (4) Hoquiam
Subagency
HEL-009-0101-0101
HEL-009-0100-0158
FELSHAW, G M W WA AGENCY
650104
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
Forestry 339.5 Clyde Moses Q#470
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
650104
Mr. R. D. Holts Area Director, Portland, Oregon
Dear Mr. Holts:
Enclosed in duplicate are Report of Timber Cut and Certificate of
Completion covering the operations of Morrison Logging Co., Inc. on the
Clyde Moses Quinsult Allotment No. 470 under contract 14-20-0510-245.
We have retained our copies.
Operations of the contractor have been completed in accordance with
the terms of the contract. Authority is requested to close the sale,
notify the contractor and its surety of relief of further liability
under the contract.
Sincerely yours, (Sgd.) George M. Felshaw
Superintendent
Encloures
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
5-500a
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INTIAN AFFAIRS
Timber statement (final) 650104
Indian Office file No. cont. 14.20.0510-245
Clyde Moses Logging unit
Contract approved 640117, Expires 650630
Land status: Allotted
Description Lots 1 & 2, Sec, 2, T. 23N., R. 12W. W.M., Washington
Allotment No. 470 Name of allottee Clyde Moses
Western Washington Agency
Quinault Reservation
Morrison Logging Co., Inc. 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.
MORRISON LOGGING CO., INC.
by: B Morrison
Dated 640000
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 recommended that the authorized contractor be released from further
obligation under said contract.
John W. Palmer, Forester
Dated 641229
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.) George M. Felshaw
Superintendent
Dated 650104
DISPOSITION OF MONEYS
IIM ACCOUNTS
$63,552.85
U. S. TREASURY (FEES)
$7,061.42
I certify that the operations of Morrison Logging Company, Inc.
contractor on Contract No. 14-20-0510-245 on the Clyde Moses Allotment
No. 470, Quinault Indian Reservation, have been satisfactorily completed
in accordance with the terms of the contract.
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.
M. Patience Isom, Forestry Clerk
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Allotment
Contract No. 14-20-0510-245
640211
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Clyde Moses Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
8 of the Act of 100525 (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 the
heirs of Clyde Moses hereinafter called the Seller, as represented by
the Superintendent of the Western Washington Indian Agency Morrison
Logging Company, Inc. 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 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.
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 650630
6. Unit Description. This unit is located in Lots 1 and 2, Section
2, Township 23 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 $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 of the Standard Provisions:
Table not key 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. The log lengths shall be varied so as to secure the
greatest possible utilization of merchantable material.
(a) Material below minimum merchantability. If forest products of
lesser dimensions than stated above under Product Specifications are cut
and reserved 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.
13. Cutting Schedule.
(a) Minimum Annual Cut. The Purchaser shall cut and pay for not less
than not applicable during the Calendar year 19 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 not applicable
14. Volume Determination.
(a) Designated Timber. Logs cut under this contract shall be scaled
by established Scaling and Grading Bureaus acceptable to the Approving
Officer, in accordance with official log scaling and grading rules
effective 620301, a copy of which is on file in the office of the
Approving Officer. Scaling by the Scaling Bureaus 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
to timber covered by this contract until approved byt he Approving
Officer.
14. Volume Determination (cont.)
(b) Scaling of Logs. In lieu of scaling procedures stipulated in
Section 7(c) of the Standard Provisions, 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.
"Table not keyed, see original"
(c) Indian Bureau Scaling. When the contract provides for scaling by
the Scaling and Grading Bureaus, Section 7(a) of the Standard Provisions
shall not apply as long as the Scaling Agreement is in effect, but that
the Indian Bureau reserves the right to scale and waste scale at any
time it believes it to be necessary.
(d) 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.
(e) Scale Reports. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(f) 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 portion of the truck receipt
shall be retained by the purchaser and turned in to the Officer in
Charge as he shall direct. The ticket portion of the receipt 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
is delivered and to collect and mail said receipts to the Officer in
Charge.
14. Volume Determination (cont.)
(g) 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.
(h) Bureau Scaling. All scaling of logs by the Grays Harbour/and/or
Puget Sound Log Scaling and Grading Bureau shall be in accordance with
the Scaling Agreement between the Bureau of Indian Affairs and the Grays
Harbor and/or Puget Sound Log Scaling and Grading Bureau, a copy of
which is on file at the Hoquiam Sub-Agency Offices of the Western
Washington Indian Agency, Hoquiam, Washington. The Scaling Agreement
may be terminated by either party at any time after 90 days written
notice to the other party, provided the commitments made prior to
termination shall be fulfilled. The following general conditions shall
apply to Scaling Bureau scaling:
(1) The purchaser shall make arrangements for scaling services with
the Grays Harbor / and/or Puget Sound Log Scaling and Grading Bureau and
shall pay for stumpage cut on the Clyde Moses Logging Unit, Quinault
Indian Reservation on the basis of the log scale as determined by the
Scaling Bureau.
(2) Payment for scaling services to the Scaling Bureau shall be made
by the purchaser, and the Bureau of Indian Affairs assumes no
responsibility in this regard.
(3) The purchaser shall brand, with a State registered brand, all
logs as directed by the Forest Officer in Charge. A log brand assigned
to logs from any Bureau of Indian Affairs sale area shall not be used on
logs from any other sale area until approved by the Officer in Charge.
(4) The purchaser shall furnish the Bureau of Indian Affairs an
imprint of the brand in advance of use.
(5) The purchaser shall deliver all logs from the sale area to points
of scaling acceptable to the Scaling Bureau and approved in writing by
the Superintendent or his authorized representative. Changes in scaling
points must be approved by the Bureau of Indian Affairs in advance of
making the change.
Portland Area - Western Washington
Insert to Form 5-611, Contract No. 14-20-0510-245
(6) The Bureau of Indian Affairs will check scale Indian timber at
intervals to be determined by the Superintendent or his authorized
representative, and in the event such check scales show a variance in
volume of +/- five (5) percent, the Bureau of Indian Affairs will
request the Scaling Bureau to make a re-scale. In the event the Scaling
Bureau deems it necessary to demand renumeration for the cost of making
re-scales, the purchaser agrees to pay to the Scaling Bureau the cost of
such services. The purchaser agrees to cooperate with the Bureau of
Indian Affairs in providing conditions satisfactory to making check
scales.
Insert to Form 5-611, Contract No. 14-20-0510-245
Portland Area - Western Washington
(1) Additional Timber
None
15. Slash and Snag Disposal.
Slash. Section 9(a) and 9(b) of the Standard Provision shall not
apply.
Snag. See Section 9(c) of the Standard Provisions. In addition, any
non-merchantable partially dead tree, meeting the diameter and height
specifications of Section 9(c) that creates a fire hazard, shall also be
felled.
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
$5,000.00 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
Provisions, all logging will be by overhead cable or high-load 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 lines, all dead trees and stubs shall be felled and all
inflammable material, including slash, repreduction 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 631218
PURCHASER
Witnesses: J.E. Morrison (ILLEGIBLE) (ILLEGIBLE) 833 Terrace Ave
Aberdeen, Ibn.
MORRISON LOGGING CO., INC. Name of corporation, partnership or
individual By Mary J. Morrison, Pres.
SELLER
(Sgd.) George M Felshaw Allottee or his legal representative
Signed for the pursuant to Resolution No. passed by its tribal
governing body in a meeting held at, , on 19
APPROVING OFFICER Approved: 640602 APPROVED 640117 Name C.O.
Morrison Name (ILLEGIBLE) Title Sec Treas. Title Assistant Area
Director
If Purchaser is a corporation, the following certificate must be
executed:
I C. V. Morrison, certify that I am the Secy Treas. Secretary of the
corporation named as the Purchaser herein; that Mary J. Morrison, 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.
C. V. Morrison (Signature)
UNITED STATES DEPARTMENT OF THE INTERIOR BUREU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISION
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 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
jurisidiction 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 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 lost, 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 long period of time, in which case the officer may extend the period
for such length of time as he deems reasonable.
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.
Payments and deposits shall be by check or postal money order, drawn
payable to the Bureau of Indian Affairs, or in cash, and 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, unless
otherwise specified in contracts in which the cutting period does not
exceed 1 year. 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 increase the maximum annual cut or extend the contract or both,
subject to such conditions as he deems most equitable to both parties.
When the contract specifies that timber will be designated for cutting
by placing a distinctive mark on each tree to be cut, the Bureau of
Indian Affairs is not obligated to complete the marking of each tree to
be cut prior to adjustment of the contract under the authority of this
paragraph.
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 Seale. 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 two-foot length. Deductions shall
be made from the gross volume for rot, shake, hollow, check, sweep,
crook or other visible detects, 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 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 minimise, 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 transporation 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 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 fire 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
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. Writen 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 perference to other labor not already
in his employ whenever Indian labor seeks employment and is competent.
13(g) Financial Statements. The requirements of this section shall
apply unless otherwise specified in the contract. 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.
ORAL AUCTION SALE OF TIMBER CLYDE MOSES LOGGING UNIT QUINAULT INDIAN
RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Clyde Moses Logging Unit", addressed to the
Superintendent, Western Washington Sub-Agency, Hoquiam, Washington, will
be received until 1:30 p.m., Pacific Standard Time, 63.12.10., and will
be considered the equivalent of oral auction bids and posted for the
information of all bidders. Oral auction bids will be received by the
Superintendent or his authorized representative at the Hoquiam City Hall
Building, Hoquiam, Washington, beginning at 2:00 p.m. Pacific Standard
Time, 63.12.10., for the purchase of timber on a tract within the
Quinault Indian Reservation designated as the Clyde Moses Logging Unit.
Oral auction bidding will be rescricted to those who have previously
submitted an acceptable sealed bid in accordance with this notice. The
unit is more specifically described as Lots 1 and 2 in Section 2,
Township 23 North, Range 12 West, Willamette Meridian, Washington,
containing approximately 57 acres. This unit contains an estimated
stand to be cut of 1,714,000 board feet of western redcedar, and 955,000
board feet of western hemlock and other species, which estimates are not
guaranteed. 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 $13.20 per M feet, B.M., for
western redcedar, and $10.90 per M feet, B.M., for western hemlock and
other species. 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
Three Thousand Four Hundred Dollars ($3,400.00) 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 the 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 contract and
furnish a satisfactory bond in the amount of Five Thousand Dollars
($5,000.00) within thirty (30) days of acceptance of his bid. The
contract will specify that all designated timber shall be cut and
removed from the unit by 650630, 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. An
advance payment of fifteen(15) percent of the total value, calculated at
the bid price, must be made within thirty (30) days of approval of the
contract. The contract will further specify that the purchaser will
leave the boundaries and corners of the sale area well marked at the
completion of the contract. Negotiation for right-of-way across lands
adjacent to the sale area will be the responsibility of the purchaser.
The contract will provide further that in the event trust or other
restrictions are removed from the allotment, or any fractional part
thereof, subsequent to the execution of the contract, the purchaser will
make direct payment for timber cut, less fees for administrative
expenses, to the owner (or owners) of the unrestricted interests. Fees
for administrative expenses will continue to be made directly to the
Bureau of Indian Affairs. 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
(ILLEGIBLE) Hoquiam City Hall Building, Hoquiam, Washington, beginning
at 2:00 p.m. Pacific Standard Time, 631210, for the purchase of timber
on a tract within the Quinault Indian Reservation designated as the
Clyde Moses Logging Unit. Oral auction bidding will be restricted to
those who have previously submitted an acceptable sealed bid in
accordance with this notice. The unit is more specifically described as
Lots 1 and 2 in Section 2, Township 23 North Range 12 West, Willamette
Meridian, Washington, containing approximately 57 acres. This unit
contains an estimated stand to be cut of 1,714,000 board feet of western
redcedar, and 955,000 board feet of western hemlock and other species
which estimates are not guaranteed. 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 $13.20 per M
feet, B.M. for western redcedar, and $10.90 per M feet, B.M. for western
hemlock and other species. 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 Three Thousand Four Hundred Dollars ($3,400.00) 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 the 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 contract and
furnish a satisfactory bond in the amount of Five Thousand Dollars
($5,000.00) within thirty (30) days of acceptance of his bid. The
contract will specify that all designated timber shall be cut and
removed from the unit by 650630, 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. An
advance payment of fifteen (15) percent of the total value, calculated
at the bid price must be made within thirty (30) days of approval of the
contract. The contract will further specify that the purchaser will
leave the boundaries and corner of the sale area well marked at the
completion of the contract. Negotiation for right-of-way across lands
adjacent to the sale area will be the responsibility of the purchaser.
The contract will provide further that in the event trust or other
restrictions are removed from the allotment, or any fractional part
thereof, subsequent to the execution of the contract, the purchaser will
make direct payment for timber cut, less fees for administrative
expenses to the owner (or owners) of the unrestricted interests. Fees
for administrative expenses will continue to be made directly to the
Bureau of Indian Affairs. 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, Oregon
97208. Dated 631101, at Portland, Oregon. Perry E. Skarra, Assistant
Area Director.
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
WASHINGTON
560100 OEP
Map not keyed, see original
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
BOND
KNOW ALL MEN BY THESE PRESENTS, That we, Morrison Logging Co., Inc.
of Aberdeen, State of Washington, a corporation organized and existing
under the laws of the State of Washington, having an office and
principal place of business at Aberdeen in the State of Washington, as
principal of THE TRAVELERS IDENTITY COMPANY, State of and, of Hartford
State of Connecticut (or 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 Five Thousand dollars ($5,000.00), 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 and dated this the 640102
The condition of this obligation is such that,
WHEREAS, Morrison Logging Company, Inc. principal herein, did on the
631210 propose to purchase, at the rate of Twenty Seven and 55/100
dollars ($27.55), per M feet, B.M., for western redcedar; and Ten and
90/100 ($10.90) 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: Lots 1 and 2, Section 2, Township 23
North, Range 12 West, Willamatte 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 631218, duly accept said
proposal, and the proposal and acceptance were thereupon reduced to a
written contract.
NOW, THEREFORE, if the above-bounden Morrison Logging Co., 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
640102, MORRISON LOGGING CO., INC.
By: Mary J. Morrison, Pres.
Attest:
E.V. Morrison, Secretary
TWO WITNESSES REQUIRED TO SIGNATURE OF EACH PRINCIPAL AND SURETY.
PRINCIPALS AND SURETIES SIGN AND AFFIX SEALS
WITNESSES: (ILLEGIBLE LINES)
(P.O. address)
(P.O. address)
(P.O. address)
K Heinke
P O Box 989 Aberdeen Wa
(P. O. address)
CORPORATE SEAL OF SURETY, IF CORPORATION
Attest:
Secretary.
(SEAL)
(Signature of purchaser or individual surety)
(P. O. address)
(SEAL)
(Signature of purchaser or individual surety)
(P. O. address)
TRAVELERS INDEMNITY COMPANY
R James Paul, Jr.
(Signature of president of corporation acting as surety)
R. James Paul, Jr. (Attorney-in-fact)
DEPARTMENT OF THE INTERIOR,
640117
APPROVED:
(Sgd) PERRY E. SKARRA
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 corporation; 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 Travelers Indmnity Company
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That THE TRAVELLERS INDEMNITY COMPANY, a corporation of the State of
Connecticut, does hereby make, constitute and appoint
R. James Paul, Jr., Kay Heinke, both of Aberdeen, Washington, EACH
its true and lawful Attorney(s)-in-Fact, with full power and authority,
for and on behalf of the Company as surety, to execute and deliver and
affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances or other written obligations in the nature
thereof, as follows:
Any and all bonds, undertakings, recognizances or other written
obligations in the nature thereof not exceeding in amount One Hundred
Thousand Dollars ($100,000) in any single instance and to bind THE
TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said
Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and
confirmed. This appointment is made under and by authority of the
following by-laws of the Company which by-laws are now in full force and
effect:
ARTICLE IV, SECTION 10. The President, the Chairman of the Finance
Committee, the Chairman of the Insurance Executive Committee, any Vice
President, any Secretary or any Department Secretary may appoint
attorneys-in-fact or agents with power and authority, as defined or
limited in their respective powers of attorney, for and on behalf of the
Company to execute and deliver, and affix the seal of the Company
thereto, bonds under-takings recognizances or other written obligations
in the nature thereof and any of said officers may remove any such
attorney-in-fact or agent and revoke the power and authority given to
him.
ARTICLE IV, SECTION 12. Any bond, undertaking, recognizance or
written obligation in the nature thereof shall be valid and binding upon
the Company when signed by the President, and the Chairman of the
Finance Committee, the Chairman of the Insurance Executive Committee, or
any Vice President and duly attested and sealed, if a seal is required,
by any Secretary or any Department Secretary or any Assistant Secretary,
or when signed by the President, the Chairman of the Finance Committee,
the Chairman of the Insurance Executive Committee, or any Vice President
and countersigned and sealed, if a seal is required, by a duly
authorized attorney-in-fact or agent; and any such bond, undertaking,
recognizance or written obligation in the nature thereof shall be valid
and binding upon the Company when duly executed and sealed, if a seal is
required, by one or more attorneys-in-fact or agents pursuant to and
within the limits of the authority granted by his or their power or
powers of attorney.
This power of attorney is signed and sealed by facsimile under and by
the authority of the following Resolution adopted by the Directors of
THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the
59.11.30:
VOTED: That the signature of any officer authorized by the By-Laws
and the Company seal may be affixed by facsimile to any power of
attorney or special power of attorney or certification of either given
for the execution of any bond, undertaking, recognizance or other
written obligation in the nature thereof; such signature and seal, when
so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and
binding upon the Company with the same force and effect as though
manually affixed.
This power of attorney revokes that issued 600412 on behalf of Donald
T. Geary, R. James Paul, Jr., Kay Heinke
IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these
presents to be signed by its proper officer and its corporate seal to be
hereunto affixed this 62.01.15
THE TRAVELERS INDEMNITY COMPANY
By
Secretary, Fidelity and Surety
State of Connecticut, County of Hartford--ss:
On this 620115 before me personally came R. W. Kammann to me known,
who, being by me duly sworn, did depose and say: that he resides in the
State of Connecticut; that he is Secretary (Fidelity and Surety) of THE
TRAVELERS INDEMNITY COMPANY, the corporation described in and which
executed the above instrument; that he knows the seal of said
corporation; that the seal affixed to 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.
Notary Public
My commission expires 640401
(Over)
CERTIFICATION
I, W. A. Person, Assistant Secretary (Fidelity and Surety) of THE
TRAVELERS INDEMNITY COMPANY certify that the foregoing power of
attorney, the above quoted Sections 10 and 12 of Article IV of the
By-Laws and the Resolution of the Board of Directors of 591130 have not
been modified or revoked and are now in full force and effect.
Signed and Sealed at Hartford, Connecticut, this day of 640102.
(ILLEGIBLE)
Assistant Secretary, Fidelity and Surety
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:
Lots 1 and 2, Section 2, Township 23 North, Range 12 West, Willemette
Meridian, Washington the same being the allotment of Clyde Moses
Quinault allottee No. 470, 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 $13.20 for western redcedar and
$10.90 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 (ILLEGIBLE LINE)
Date 631018
Witnesses:
John W Palmer)
Vernon S Holbert
John W Palmer
Vernon S Holbert
John W Palmer
Vernon S Holbert
Lizzie M. Capoenan 204/216
Arlene Ward 2/216
John M. Sailto 2/216 WITNESSES:
John W Palmer
Vernon S. Holbert
Leila Fisher, as guardian for Vida Alice Sailto, Mary Kay Sailto and
Mickey Sailto, all minors, each having a 2/216 interest
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:
Lots 1 and 2, Section 2, Township 23 North, Range 12 west, Willamette
Meridian, Washington the same being the allotment of Clyde Moses
Quinault allottee No. 470, 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 $13.20 for western redcedar and
$10.90 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 Auburn, Washington
Date 631026
Witnesses:
Cecilia B Anderson
(ILLEGIBLE LINE)
Mrs Eva M. Jerry
(ILLEGIBLE LINE)
Mildred Cross Sailto 1/216
Mildred Cross Sailto, as guardian for Charles Fred Sailto, a minor
1/216
CLYDE MOSES LOGGING UNIT
REFERENCE NOTE
Certified copies of Articles of Incorporation and By-Laws are filed
as part of Timber Contract No. 14-20-0510-134, Lizzie Moses Allotment,
Quinault Reservation, Allotment No. 107.
DIRECTORS MEETING
Pursuant to call the Directors meeting was held at the company
office, at Aberdeen, Washington this 10th day of December, 1963.
Purpose of meeting to discuss the authorization of the Clyde Moses
Timber Sale, Quinault Reservation.
Present at this meeting of Directors were Mary J. Morrison, B. F.
Morrison, and C. V. Morrison constituting all the directors of the
corporation.
Moved and seconded that the above timber pruchase be consumated, and
authorizing the President, Mary J. Morrison, and the
Secretary-Treasurer, C. V. Morrison, to complete all necessary documents
with the Bureau of Indian Affairs for this purchase.
There being no further business to come before the Board, the meeting
was adjourned by the President, presiding.
Mary J. Morrison, President
Attest:
C. V. Morrison-Secy. Treas.
ABSTRACT of proposals received at Hoquiam, Washington 631012 for Sale
of Timber, Clyde Moses Logging Unit, Quinault Reservation, Washington
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 list
It is also certified that all bids received are listed hereon and
were received on or before the data 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 - CLYDE MOSES LOGGIN UNIT 1. Aberdeen Alders, Inc. Box
16, Aberdeen, Washington 2. Aloha Lumber Corp. Aloha, Washington 3.
G. T. Anderson 601 West Cushing, Aberdeen, Washington 4. Glenn Anderson
Box 56, Smith River, California 5. Anderson & Middleton Log. co Box 80,
Aberdeen, Washington 6. John Andrews Route 4, Box 68, Hoquiam,
Washington 7. Norman Barnes & Co., Inc. 413 Norton Building, Seattle
4, Washington 8. Raymond Beach 137 Lake vista Avenue, Westlake, Daly
City, California 9. Bell Logging Co. 617 Hill Road, Aberdeen,
Washington 10. George H. Bertrand Clearwater, Washington 11. Ted
Bialkoski Route 1, Box 594, Montesano, Washington 12. E. K. Bishop
Lumber Co. Aberdeen, Washington 13. Blagen Tbr. Co. Box 240, Hoquiam,
Washington 14. L. H. Bradshaw Napavine, Washington 15. Bridge Bros.
Box 115, Hamilton, Washington 16. Don Brotherson Route 3, Box 220,
Centralia, Washington 17. Buchanan Lbr. Co. P. O. Box 396, Olympia,
Washington 18. Bob Carl Clearwater, Washington 19. D. J. Caulkins Log.
Co. Box 21, Forks, Washington 20. Gene Coates Forks, Washington 21.
Howard Conkle 2646 34th West, Weattle, Washington 22. George Coultas
Box 307, Winslow, Bainbridge Island, Wash. 23. Davidson Log. Co. Box
1355, Ketchikan, Alaska 24. Floyd Dickinson 420 East 1st, Port Angeles,
Washington 25. Dicjman Lbr. Co. 2423 Ruston Way, Tacoma, Washington
26. Domrude Log. Co. Box 272, Skykomish, Washington 27. D. L.
Dullenty 5 "A" Street, NE, Auburn, Washington 28. Durham Log. Co. 3114
Pacific Avenue, Hoquiam, Washington 29. Elma Ply. Corp. Box 275, Elma,
Washington 30. Esses Log. Co. Amanda Park, Washington 31. Everatt Ply.
& Door Box 909, Everett, Washington 32. Forbes Log. Co. Route 2, Box
101, Amanda Park, Wash. 33. Fox Log. Co. 1005 West 5th, Port Angeles,
Washington 34. Frontier Log. Co. Box 187, Forks, Washington 35. Ralph
Graham Route 3, Box 241, Hoquiam, Washington 36. Patrick Gray 1424 SK
53rd St., Portland 15, Oregon 37. Grays Harbor Veneer Box 239, Hoquiam,
Washington 38. John J. Grin Route 1, Box 126, Hoquiam, Washington 39.
Harbor Ply. Corp. Box 940, Aberdeen, Washington 40. George Hawks,
Huffman Motors 123 East 1st, Aberdeen, Washington 41. F. R. Henry Log.
Co. Box 357, Forks, Washington 42. Hoquiam Ply. Corp. Hoquiam,
Washington 43. Ron Holland 1511 Bay Avenue, Hoquiam, Washington 44.
Thomas W. Ilstad 1530 Initial, Enumelaw, Washington 45. John Impola 83
Columbia Street, Seattle, Washington 46. International Paper Co.
Woodlands Dept., Longview, Washington 47. Harvey Johnson Box 787,
Castle Rock, Washington 48. Stanley Johnson Route 1, Box 232, Oakville,
Washington 49. Walter Kandoll Banfield, B.D., Canada 50. Wendell Keene
Aberdeen World, Aberdeen, Washington
51. Vincent C. Kratz 3617 74th, Marcer Island, Washington
52. Latimer & Sons, Inc. Box 427, Woodlawn, Washington
53. L. B. N. Logging Co., Inc. Route 1, Box 29, Montesano,
Washington
54. Kingsley Lumber Co. Box 6215, Linnton Station, Portland 10
55. Bud Kuhn Route 3, Mount Vernon, Washington
56. Lamb & Sons Log. Co. Box 566, Forks, Washington
57. Eugene Lindner Route 4, Box 67, Snohomish, Washington
58. Littlerock Lumber Co. Littlerock, Washington
59. M & D Tbr. Co. Sol Due Hot Springs, Port Angeles, Wash.
60. Manes Log. Co. Clallam Bay, Washington
61. George Martinson 1912 West 6th, Aberdeen, Washington
62. Mayr Bros. Log Co. Route 3, Box 508, Hoquiam, Washington
63. McDonald Log. Co. Box 37, Amanda Park, Washington
64. Arthur R. McKay 1324 Belaire, Aberdeen, Washington
65. Daniel F. McLeod 18770 Avenue 23 1/2, Chowchilla, California
66. Merrill & Ring - West. Lbr. Co. Port Angeles, Washington
67. E. C. Miller Cedar Co. Box 1080, Aberdeen, Washington
68. W. H. Miller 12007 N.E. Fargo Court, Portland 20, Ore.
69. Morrison Log. Co. Box 1019, Aberdeen, Washington
70. S. A. Newman Forest Engineers, Box 156, Everett, Wash.
71. Pacific Lbr. & Shipping Co. 620 Washington Bldg., Seattle,
Washington
72. Parrino Bros. Route 2, Box 207, Emunclaw, Washington
73. Arne J. Peterson 112 Colorado, Box 115, Longview, Washington
74. Peninsula Ply. Corp. Box 311, Port Angeles, Washington
75. Robert Plant Humptulips, Washington
76. Pope & Talbot, Inc. Port Gamble, Washington
77. Walter Plumb Copalis Beach, Washington
78. Puget Sound Ply. Corp. 230 East F Street, Tacoma, Washington
79. Puget Sound Pulp & Tbr. Co. Bellingham, Washington
80. Rayonier Inc. Box 539, Hoquiam, Washington
81. George M. Rogers 1009 State St., Raymond, Washington
82. Robert L. Rogers Route 4, Box 274, Olympia, Washington
83. Fred Boot Box 698, Hoquiam, Washington
84. Standwood Lbr. Co. Stanwood, Washington
85. S & M Lbr. Co. Route 2, Box 915, Oregon City, Oregon
86. Scott Paper Co. Everett, Washington
87. Seaboard Lbr. Co. Box 1947, Seattle 11, Washington
88. Calvin Siddle Box 21, La Conner, Washington
89. Francis Smith 1920 Pacific Avenue, Aberdeen, Washington
90. Tom Spradlin 645 Chenault, Hoquiam, Washington
91. St. Regis Paper Co. 1216 St. Paul Avenue, Tacoma 2, Washington
92. Perry Sonter Route 2, Box 376, Shelton, Washington
93. Tacoma Narrows Lbr. Inc. Box 176, Steilacoom, Washington
94. Taylor Bros. Log. Co. 3114 Pacific, Hoquiam, Washington
95. Thomas Lbr. Co. Klamath Falls, Oregon
96. R. J. Ultican Roofg. Co. Box 305, Aberdeen, Washington
97. Valley Eight Log. Co. Deep River, Washington
98. Clarence Vanderjack 3700 SW Upper Drive, Lake Oswago, Oregon
99. Bill Wampler Box 134, Chiloquin, Oregon
100. Bill Wells Box 12, Silverdale, Washington
101. Jim W. Wells Log. Co. Route 3, Box 1160, Hoquiam, Washington
102. West Coast Ply. Corp. Box 1180, Aberdeen, Washington
103. West Tacoma Newsprint Box 8, Steilacoom, Washington
104. Western Forest Ind. Assn. 2319 Lloyd Center, Portland 12,
Oregon Western Lbr. Co. Box 240, Aberdeen, Washington
106. Weyerhaeuser Co. Box 1645, Tacoma, Washington
107. Dan Williams, Tbr. Div., Evans Harbor Products, Box 1036,
Aberdeen, Washington
108. Williamson Log. Co. Route 3, Box 890, Hoquiam, Washington
109. Wilson & Sutton 8305 Lewis River Road, Ariel, Washington
110. Womer Bros. Log. Co. Amanda Park, Washington
111. K. B. Wood & Assoc., Inc. 601 Dekum Bldg., Portland 4, Oregon
112. Roy York 1232 Railroad, Shelton, Washington
113. Joe Zedrick 1109 East Wishkah St., Aberdeen, Washington
114. Mrs. W. A. Fuller Queets Motel, Clearwater, Washington
115. George Kron Route 1, Box 564, Montesano, Washington
116. Ford & Mundy Log. Co. Forks, Washington
117. O. C. House Route 1, Box 329, Elma, Washington
118. Daniels Cedar Products, Inc. 110 Bishop St., Aberdeen,
Washington
119. William Ellard 701 Simpson Avenue, Emerson Hotel, Hoquiam,
Washington
120. Maranakos Log. Co., Inc. Morton, Washington
121. Washington Pulp & Tbr. Co. Box 712, Copalis Crossing,
Washington
122.
POST OFFICES AT: Aberdeen, Aloha, Amanda Park, Centralia, Chehalis,
Clallam Bay, Copalis Beach, Copalis Crossing, Elma, Forks, Hoquiam,
McCleary, Montesano, Neah Bay, Olympia, Pacific Beach, Port Angeles,
Port Townsend, Quilcane, Sequim, Shelton, Tacoma, Taholah, Coulea Dam,
Washington
OTHER AGENCIES: Colville, Warm Springs, Northern Idaho, and Yakima
FOREST OFFICER'S REPORT CLYDE MOSES LOGGING UNIT TOWNSHIP 23 NORTH,
RANGE 12 WEST QUINAULT RESERVATION
A. Introduction:
The owners of the Clyde Moses allotment No. 470 have requested that
the timber on this area be sold. This allotment is located on the
Quinault Reservation, and is described as follows:
Lots 1 and 2, Section 2, Township 23 North, Range 12 West, Willamette
Meridian, Washington
This area contains approximately 57 acres. The owners have requested
that the sale be made to the highest bidder at public auction.
B. Current Market Conditions:
The current log market on Grays Harbor has been relatively steady the
past six months. Log prices for all species are similar to those paid a
year ago, with no indication of a change in the next few months. The
demand for western hemlock have shown a slight increase in the No. 3
grade over last year, while prices for the higher grades have remained
firm. Prices for No. 1 grade western redcedar have shown only a slight
increase. Some of this increase in redcedar prices may be attributable
to the fact local shake mills are buying logs for their mills instead of
only shakeboards. The export market is good, and indications are that
it will remain steady throughout the year. These factors, together with
the sale location being suitable for winter operations, should have a
favorable influence on the bidding.
APPRAISAL SUMMARY Clyde Moses LOGGING UNIT, Quinault RESERVATION
Table not keyed, See Original
C. Recommendations:
It is recommended that the timber on this area be advertised at the
appraised rates, for not less than thirty (30) days. Advertisement is
to be by four insertions in the Aberdeen Daily World, a daily newspaper,
and by circular letters and posters. Sale of the timber is to be made
by sealed bids, followed by oral auction.
D. Description of the Area:
This allotment is located in Lots 1 and 2, of Section 2, Township 23
North, Range 12 West, Willamette Meridian, Washington. The north
boundary of the Quinault Reservation forms part of the boundary of this
unit. The timber south of this unit was logged in 1960, while the lands
on the west and north have been fee patented for several years. Some of
these fee patented lands have been logged. As a result of recent
logging, there is a system of good gravel roads within a few hundred
feet of the area.
The allotment is in the Salmon River drainage and lies a few hundred
feet north of Salmon River. Highway 101 is south of the river, and is
the main route to the Grays Harbor market from this area. Consequently,
a bridge across this river is needed before the timber can be harvested.
The bridge connected with the road system south of the subject area has
washed out, but can easily be replaced. The owner of the lands to the
west is building a bridge with his road system, and use of either system
should make removal of the timber feasible. Approximately two miles of
travel over either of these systems is required to reach Highway 101.
Lying in the Salmon River drainage as it does, the area is divided by
a small tributary drainage, which has formed a deep canyon into the
allotment. The sides of this canyon are steep, with differences in
elevation of from 50 to 100 feet. This canyon divides and "tapers-out"
in the middle of the area, making access to the other side easy.
The timber lies in the lower elevations, and is relatively snow-free
in the winter. Several operators log during the summer months in the
Olympic foot hills and try to secure a "winter show" to enable them to
operate when they are snowed-out of their regular operations. This
factor has a favorable influence on the sale of the timber.
The southwest portion of the area supports a stand of western
hemlock, while the rest of the area has a mixture of western redcedar
and hemlock. The timber is mature and overmature, and should be clear
cut. Western redcedar comprises approximately 64 percent of the stand,
and hemlock the other 36 percent.
E. Method of Cruise:
A 20-percent line-plot cruise, using 1/5 acre rectangular plots, was
made by forestry personnel. All trees 12 inches D.B.H. and larger were
tallied that contained at least one 32-foot log. (See Statistical
Analysis attached)
Estimated volumes and log grades are as follows:
Table not keyed see original
LOG VALUES
Clyde Moses #470 Quinault Reservation
Table not keyed, see original
#Log Prices from: Eleven manufacturing plants and export companies
on Grays Harbor as of 631001. Establishments contacted include
sawmills, veneer & plywood plants, shingle & shake mills and an export
company.
LOGGING COSTS
Tables not keyed, see original
Notes:
1. Direct logging and overhead cost estimates are average costs
obtained from seven 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 630712.
II. TRANSPORTATION (continued)
.06 Average load @.065/log:
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 computed using recommended Forest Service figure of
.10 per M/Mile.
Table not keyed, see original
Notes:
Road construction estimate obtained from engineering survey by Rainer
B. Heikel, Forester. (See attached cost estimates)
F. Stumpage Appraisal:
This appraisal is based on prices paid by local mills on Grays Harbor
as of 631001.
H. Determination of Stumpage Values:
The stumpage values were determined by use of the following formula:
S = V/1.0P - C
1. Western redcedar:
$52.14/1.10 - $34.20 $13.20
2. Western hemlock & Other species:
$46.34/1.08 - $32.00 $10.91
An allowance of eight (8) and ten (10) percent for profit and risk is
considered adequate to allow the operator a margin for reasonable
profit. Such factors as type of timber, marketing conditions and demand
have been considered in arriving at the margin for profit and risk.
I. Recommended Stumpage Values: (rounded to the nearest five cents)
1. Western redcedar $13.20 per MBM
2. Western hemlock & Other species $10.90 per MBM
It is recommended that the timber on the Clyde Moses Logging Unit be
advertised at the above indicated rates.
J. Recent Market Date:
An analysis of recent sales on the Quinault Reservation is shown in
Exhibit A. One of the three recent sales used in the analysis of the
hemlock stumpage value had a cedar volume on it. The other two did not.
These three sales were made in the last six months. The two sales used
in the cedar stumpage analysis were made in the past year.
K. Value of Forest Products:
Western redcedar - 1,714 MBM @$13.20 = $22,624.80
Western hemlock & Other species - 955 MBM @$10.90 = 10,409.50
Total 2,669 MBM $33,034.30
Date: 631014
John W. Palmer Forester
Date: 631029
John W. Libby Forest Manager
Date: 631029
Superintendant
ROAD DEVELOPMENT COSTS ESTIMATE QUINAULT INDIAN RESERVATION CLYDE
MOSES TIMBER SALE
SUMMARY
(3800' length, 10' road standard, new construction)
I. Surfacing, Ballasting: Pit-run rock; 3,294 cu. yds. $2,965.00
II. Clearing & Grubbing: Clearing: 3.42 acres $598.50 Crubbing:
1.91 Acres 1,146.00 $1,744.50
III. Excavation: Unclassified material - 8,592 cu. yds. $3,436.80
IV. Falling, Bucking, Decking & Overhead: R/W Timber, 48,060 board
feet $585.85
V. Drainage, 36" culvert $367.20 Sub-Total $9,099.35
VI. Engineering & Contingencies (10%) $909.94 Total Gross Costs
$10,009.29
VII. Less Falling, Bucking, Decking & Overhead $585.85
VIII. Net Costs plus allowances for profit and risk $9,423.44
IX. Less Allowance for profit and risk $1,229.14
X. Total Net Development Costs $8,194.30
Total Costs = $9,423.44
1.0p 115%
Costs/MBM = $8,194.30 divide by 2,669 M = $3.07
Costs/Sta. = $8,194.30 divide by 38 sta. = $215.64
Costs/Mile = $215.64/Sta. x 52.60 = $11,385.79
I. Ballasting & Surfacing: Pit-run rock, 38 stations 1-1/2' depth,
loose material, 10' standard = 72.2 cu. yd./sta. 1- 72.2 cu. yd./sta. x
38 stations = 2,744 cu. yds. (rounded) Plus 20% for turnouts,
turn-arounds and curves = 550 cu. yds. (rounded) 2,394 cu. yds.
Cost of Material: 15c/cu. yd. for stripping pit 2- 10c/cu. yd. for
royalty 3- 40c/cu. yd. for digging, loading, spreading and shaping 3-
25c/cu. yd. for hauling (3,000' new, 2,000' old, uphill) 3- 4- 90c/cu.
yd.
3,294 cu. yd. x $0.90/cu. yd. $2,964.60 (Rounded) $2,965.00
1- Washington State Department of Natural Resources Yardage Table;
Morrison Logging Company experience 100 cu. yd./sta.; Aloha Lumber
Corporation experience 100 cu. yd./sta.
2- From experience of Jack Norkoel, Chief Logging Engineer, Rayonier
Incorporated, Hoquiam, Washington.
3- Minimum cost figures quoted from Morrison Logging Company,
Rayonier Inc., Washington State and others.
II. Clearing & Grubbing 10' road standard, 38 stations
A. Grubbing: 10' road + 8' shoulders + 4' ditching = 22' road bed
22' road bed x 3,800' = 83,600 sq. ft. 83,600 sq. ft. divide by 43,560
sq. ft./Acre = 1.91 Acres
B. Clearing: Average slopes 30% = .09 1- Acres/Sta. from clearing &
grubbing tables .09 Acres/Sta. x 38# stations = 3.42 Acres
C. Costs for Clearing & Grubbing: 1.91 Acres x $600/A 2- for
Grubbing = $1,146.00 3.42 Acres x $175/A 2- for Clearing = $593.50
$1,744.50
#20 Stations of 30% slopes = .09 Acres/Sta. 18 Stations of 10%
slopes with 40' R/W = .092 Acres/Sta.
1- Table, Clearing & Grubbing R/W; Washington State Department of
Natural Resources.
2- U.S.F.S. Region 6 Logging Cost Guide; Quinault Ranger District.
III. Exeavation: (blasting, drifting, grading) Unclassified
Material 10' road standard - Total new construction, 38 stations 20
stations of average slopes of 30% 20 stations x 300 cu. yd./sta.1/ 6,000
cu. yds. 18 stations of average slopes of 10% 18 stations x 144 cu.
yd./sta 1/ 2,592 cu. yds.
Total 8,592, cu. yds. 8,592 cu. yds. x $0.40/cu. yd. 2/ $3,436.80
1/ Yardages computed from washington State Department of Natural
Resources Yardage Tables; Rayonier experience 500-1500 cu. yds./sta.,
depending on slope.
2/ U.S.F.S., Region 6, graph for excavating costs memo #5610,
60.12.08, Transportation system.
IV. Falling, Bucking, Deeking & Overhead of R/W Timber: 12 stations
of timber only 12 stations x .09 Acres 1/ = 1.08 Acres 1.06 Acres x
44,500 bd.ft./Acre = 48,060 bd.ft. Falling & Bucking -$3.96/M x 100% 2/
=$3.9696 Yarding & Loading - $8.47/M x 75% 2/ = $6.35 Burden - $2.35/M x
80% 2/ = $1.88
$12.19 $12.19 x 48,060 bd. ft. $585.85
V. Drainage: (including structural excavation) 36" culvert, 30'
@$12.24/ft. 3/ $367.20 1/ From Item II, Clearing. 2/ U.S.F.S. Cost
Estimate Guide, 62/02/12 (R-6).
EXHIBIT A
ANALYSIS OF INDEX SALES QUINAULT INDAN RESERVATION
HEMLOCK STUMPAGE VALUES
Table not keyed, see original
These sales were made during the past six months, under market
conditions similar to present conditions. As indicated, one sale has a
high percentage ratio of bid to conversion return. The purchaser wanted
a winter show, and bid accordingly. All of these sales are within
one-half mile of Highway 101. The highway crosses c orner of one of
these sales. There are no drainages to cross in these sales, and road
building is at a minimum. The subject sale has a large culvert required
for the drainage that bisects it, and the topography requires more
development than the analysed sales. This makes for higher production
costs.
CEDAR STUMPAGE VALUES
Table not keyed, see original
These two sales were made during the past year, under market
conditions similar to present conditions. There has been a slight
increase in the value of the higher grade of logs, and the quality of
the subject sale is considerably better, thereby exerting an influence
on the over-all log value of the species. The demand for cedar is
steady, although the cedar on these two sales was sold at the appraised
rate, and received no competition.
All of these factors, the demand for timber, quality, topography,
development required, and distance to market, have an influence on the
stumpage values received.
STATISTICAL ANALYSIS (2 SD) CLYDE MOSES
NET VOLUMES, MBM
Table not keyed, see original
HEL-009-0102-0158
HEL-009-0100-0158
HOLTZ, R D BIA PORTLAND
640129
CORRESPONDENCE
BR OF FORESTRY PORTL
RECEIVED
640210
Form 5-338
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
For Information
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
DATED: 640129
SUBJECT Attached copy of letter dated 640121, from Asst. Forest
Manager Don W. Clark to Morrison Logging Co., Aberdeen, Wash., regarding
the Clyde Moses Unit, Cuinault Reservation. Also enclosed is copy of
letter dated 640120; from Supt. Felshaw to the purchaser transmitting
the contract.
HEL-009-0159-0159
HEL-009-0159-0165
COMM US BIA AREA DIR SUPT
640121
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry 339.5 Clyde Moses Unit
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
640121
Morrison Logging Company, Inc. P.O. Box 1019 Aberdeen, Washington
Gentlemen:
According to the terms of the advertisement for the sale of timber on
the Clyde Moses Logging Unit, an advance payment of 15% of the purchase
price must be made within 30-days of approval of the contract, or is any
event before cutting begins. The contract was approved by Assistant
Area Director Perry E. Skarra on 640117. Therefore, your remittance, in
the amount of $8,644.53, must reach our office not later than 640217.
Scaling points to be used for logs from this sale must be approved in
advance of use. Please notify this office as soon as these points are
determined. We would appreciate it if you would also notify our office
of the brand you intend to use for logs to be removed from this sale
unit.
Sincerely yours,
Sgd. Don W. Clark Don W. Clark Assistant Forest Manager
HEL-009-0160-0160
HEL-009-0159-0165
MORRISON LOGGING CO
640120
CORRESPONDENCE
FELSHAW, G M BIA W WASH AGENCY
Forestry 339.5 Clyde Moses -Quin
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency 1620 Hewitt Avenue
Everett, Washington 98201
640120
Morrison Logging Co., Inc. Box 1019 Aberdeen, Washington
Gentlemen:
Your Contract No. 14-20-0510-245 was approved 640117. by Assistant
Area Director Perry E. Skarra. We are enclosing your copy of the
contract together with a copy for the Travelers Indemnity Company, your
surety under the contract. Please forward this copy to them.
You may proceed with your operations under this contract. We wish
you every success in your operations.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosures
cc: Portland Area Office w/o encl.
HEL-009-0161-0161
HEL-009-0159-0165
MORRISON LOGGING CO
640129
CORRESPONDENCE
KEPHART, G S BIA BR OF FORESTRY
Forestry 828-64
640129
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
We refer to a copy of timber sale contract No. 14-20-0510-245 with
supporting documents, Clyde Moses Logging Unit, Quinault Reservation,
forwarded to this office under date of 640117.
The copy of this contract was neither signed or stamped by the
Superintendent as representatives of the heirs of the Clyde Moses
allotment. We have no way of ascertaining whether or not all copies of
the contract were unsigned. Therefore we are returning this copy to you
for further investigation, or for the signature or stamp of the
Superintendent on this copy in the event this was the only one which was
not fully completed.
Sincerely yours,
George S. Kephart George S. Kephart Chief, Branch of Forestry
Enclosure
cc: 300 Bureau Surname Forestry Chrony Mailroom Chrony Holdup
HFWershing:mjm 640128
HEL-009-0162-0162
HEL-009-0159-0165
HOLTZ, R D BIA PORTLAND
640117
CORRESPONDENCE
SKARRA, P E BIA PORTLAND
RECEIVED
640101
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON - 97208
640117
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Attention: Forestry
Dear Mr. Felshaw:
With your letter dated 640115, you submitted for our approval the
original and six copies of Timber Contract No. 14-20-0510-245 and
supporting documents. The contract covers the sale of timber from the
Clyde Moses Logging Unit, Quinault Reservation. The Morrison Logging
Company of Aberdeen, Washington is the purchaser.
We are returning the original and four copies of the approved
contract. The original and three copies of the approved bond are also
being returned. Please make appropriate distribution of these
documents.
You will note Mr. C. V. Morrison has signed the contract in the space
provided for the signature of the approving officer. Please check this
procedure on subsequent contracts.
Sincerely yours,
(Sgd) PERRY E. SKARRA Assistant Area Director
Enclosures
cc: Commissioner, Attn. Branch of Forestry, w/enclosures
5-349d (690200)
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.
Date 670003
REPORT OF NEW LOGGING UNIT OR STUMPAGE RATE CHANGE
CARD CODE 1 Indian Reservation Luinault Reservation Code 5101 Logging
Unit Queets River Logging Unit Code 13 (ILLEGIBLE LINE)
Contract No. 14-20-0510-252
CARD CODE 2
Table not keyed see original
HEL-009-0163-0165
HEL-009-0159-0165
FELSHAW, G M W WASH AGENCY
670912
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry 339.5 Quests River
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670912
Kramer Lumber Sales P.O. Box 4281 Portland, Oregon 97208
Gentleman:
Enclosed is Timber Money Account, Scale Record, Final, and Statement
of Completion, covering your operations in the Quests River Logging
Unit, Quinault Reservation.
Operations have been completed in accordance with the terms of the
contract. You and your Surety, the United Facific Insurance Company,
are relieved of any liability under the timber sale contract arising
subsequent to 670906.
The balance of $1,786.64 remaining in your advance deposit account is
being refunded under separate cover.
Sincerely yours,
(Sgd.) George M. Felshaw
Superintendent
cc Suurety w/copy
By: Br. of Forestry, PAO (2)
HEL-009-0166-0166
HEL-009-0166-0247
KRAMER LUMBER SALES
670906
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
Forestry 64-2-5 - 339.5 Queets River
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
670906
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 670828, you have enclosed in duplicate the
Timber Money Control Account, Scale Record Control Account, Timber Money
Account, and Statement of Completion of Timber Contract covering the
removal of timber from the Queets River Logging Unit, Quinault
Reservation, Washington.
You state that operations have been completed in accordance with the
terms of the contract and you have requested authority to close the sale
and to notify the purchaser and surety of relief of further liability
under the contract. You have also requested authority to refund the
balance in advance deposits. In reviewing the documents, we find a
transposition of numbers on the Statement of Completion for Contract No.
14-20-0510-252(3). The value for spruce sawlogs should be $14,706.38.
The totals shown are correct.
You are hereby authorized to notify Kramer Lumber Sales, purchaser,
and United Pacific 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 Kramer Lumber
Sales the unobligated balance of $1,786.64 now on deposit with you in
connection with the Queets River Logging Unit timber sale contract.
Please send us two copies of your letters to the purchaser and surety
closing the sale.
Sincerely yours,
(Sgd) A. W. Galbraith Acting Area Director
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT Logging Unit 13 Scaling Unit CONTROL ACCOUNT
PERIOD ENDED 670731 TIMBER MONEY ACCOUNT Purchaser KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR Reservation QUINAULT LOGGING UNIT 13
PERIOD ENDED 670731 SCALE RECORD
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCT
Purchaser KRAMER LMBR SALES CONTRACT No. 000252
Table not keyed, see original
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 670731
Timber Sale Area Queets River
Purchaser Kramer Lumber Sales
Contract No. 14-20-0510-252(1)
Contract Approved 650329
Contract Expiration Date 670630
Land Status: Allotted
Allotment No. 409
Name of Allottee Richard Sharp
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
Lawrence G. Kramer Pres. Kramer Lumber Sales, Portland, Ore.
670800
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 (ILLEGIBLE)
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.) George M. Felshaw Superintendent 670822
Form 5-500a (Back) 660300
SUMMARY OF OPERATIONS REPORT
Table not keyed, see original
Date: 670810
John W. Palmer Forester
One Summary will be prepared for each timber sale, except that no
Summary is required when there is only one scaling unit in a timber sale
area. Indicate on the form the copy on which the Summary appears. When
contract provides for adjustment of stumpage rates the Unit Rate will be
the Average Rate.
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670731 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
SCALING UNIT 990409
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
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 670731
Timber Sale Area Queets River
Purchaser Kramer Lumber Sales
Contract No. 14-20-0510-252(2)
Contract Approved 650329
Contract Expiration Date 670630
Land Status: Allotted
Allotment No. 94
Name of Allottee Martha Sam
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.
Lawrence G. Kramer, Pres. Kramer Lumber Sales, Portland, Ore.
670817
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 670817
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.) George M. Felshaw Superintendent 670822
Form 5-500a (Back)
660300
SUMMARY OF OPERATIONS REPORT
Table not keyed, see original
670810
Signature John W Palmer Title Forester
One Summary will be prepared for each timber sale, except that no
Summary is required when there is only one scaling unit in a timber sale
area. Indicate on the form the copy on which the Summary appears. When
contract provides for adjustment of stumpage rates the Unit Rate will be
the Average Rate.
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670731 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
SCALING UNIT 990094
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
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 670731
Timber Sale Area Queets River
Purchaser Kramer Lumber Sales
Contract No. 14-20-0510-252(3)
Contract Approved 650329
Contract Expiration Date 670630
Land Status: Allotted
Allotment No. 389
Name of Allottee Jack Sam
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.
Lawrence G. Kramer, Pres. Kramer Lumber Sales
670817
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
610817
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.) George M. Felshaw Superintendent
670822
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
Reservation QUINAULT Loggin Unit 13
Period Ended 670731 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
Scaling Unit 990389
Purchaser KRAMER LMBR SALES
Contract No. 000252
Table not keyed, see original
Form 5-500a (Face)
660300
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
STATMENT OF COMPLETION OF TIMBER CONTRACT
Agency Western Washington
Reservation Quinault
Date of Final Report 670731
Timber Sale Area Queets River
Purchaser Kramer Lumber Sales
Contract No. 14-20-0510-252(4)
Contract Approved 650329
Contract Expiration Date 670630
Land Status: Allotted
Allotment No. 1439
Name of Allottee Sallie 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.
Lawrence G. Kramer, Pres. Kramer Lbr. Sales, Portland, Ore.
670817
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
670817
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.) George M. Felshaw Superintendent
670822
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
Reservation QUINAULT Logging Unit 13
Period Ended 670731 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
Scaling Unit 991439
Purchaser KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
Reservation QUINAULT Logging Unit 13
Period Ended 670831 SCALE RECORD
BUREAU OF INDIAN AFFAIRS
Scaling Unit CONTROL ACCT
Purchaser KRAMER LMBR SALES
Contract No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
Reservation QUINAULT Logging Unit 13
Period Ended 670831 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
Scaling Unit CONTROL ACCOUNT
Purchaser KRMAER LMBR SALES
Contract No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
Reservation QUINAULT Logging Unit 13
Period Ended 670731 SCALE RECORD
BUREAU OF INDIAN AFFAIRS
Scaling Unit CONTROL ACCT
Purchaser KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
Reservation QUINAULT Logging Unit 13
Period Ended 670731 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
Scaling Unit CONTROL ACCOUNT
Purchaser KRAMER LMBR SALES
Contract No. 000252
Table not keyed, see original
Western Washington Agency
U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670630 SCALE RECORD
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCT
PURCHASER KRAMER LMBR SALES
CONTRACT NO. 000252
Table not keyed, see original
LOG SCALE RECORD U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670630 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT NO. 000252
Table not keyed, see original
LOG SCALE RECORD U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670531 SCALE RECORD
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCT
PURCHASER KRAMER LMBR SALES
CONTRACT NO. 000252
Table not keyed, see original
LOG SCALE RECORD U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670531 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT NO. 000252
Table not keyed, see original
LOG SCALE RECORD U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670430 SCALE RECORD
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCT
PURCHASER KRAMER LMBR SALES
CONTRACT NO. 000252
Table not keyed, see original
LOG SCALE RECORD U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670430 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT NO. 000252
Table not keyed, see original
LOG SCALE RECORD U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670331 SCALE RECORD
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCT
PURCHASER KRAMER LMBR SALES
CONTRACT NO. 000252
Table not keyed, see original
LOG SCALE RECORD U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670331 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT NO. 000252
Table not keyed, see original
LOG SCALE RECORD U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670228 SCALE RECORD
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCT
PURCHASER KRAMER LMBR SALES
CONTRACT NO. 000252
Table not keyed, see original
LOG SCALE RECORD U.S. DEPARTMENT OF THE INTERIOR
RESERVATION QUINAULT LOGGING UNIT 13
PERIOD ENDED 670228 TIMBER MONEY ACCOUNT
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT NO. 000252
Table not keyed, see original
Queets River
14-20-0510-252
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 670131
SCALE RECORD
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 670131
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
Queets River
14-20-0510-252
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 661231
SCALE RECORD
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 661231
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
Queets River
14-20-0510-252
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 661130
SCALE RECORD
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 661130
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
Queets River
14-20-0510-252
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 661030
SCALE RECORD
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 661031
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
Queets River
14-20-0510-252
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 660930
SCALE RECORD
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 660930
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
Queets River
14-20- 0510-252
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 660831
SCALE RECORD
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 660831
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
Queets River
14-20-0510-252
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 660731
SCALE RECORD
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 660731
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
Queets River
14-20-0510-252
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 660630
SCALE RECORD
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 660630
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
14-20-0510-252
Queets River
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 660531
SCALE RECORD
PURCHASER KRAMER LMBER SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 660531
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
14-20-0510-252
Queets River
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 660430
SCALE RECORD
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 660430
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
Reservation QUINAULT Logging Unit 13
Period Ended 660331
BUREAU OF INDIAN AFFAIRS
SCALING UNIT CONTROL ACCT
PERIOD ENDED 660331
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 660331
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
14-20-0510-252
Queets River
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCT
PERIOD ENDED 660228
SCALE RECORD
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
LOG SCALE RECORD
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
RESERVATION QUINAULT
LOGGING UNIT 13
SCALING UNIT CONTROL ACCOUNT
PERIOD ENDED 660228
TIMBER MONEY ACCOUNT
PURCHASER KRAMER LMBR SALES
CONTRACT No. 000252
Table not keyed, see original
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 15
Period from 660601 to 660630, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. No. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lmber Sales (Name of Purchaser)
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations are suspended for a while. Start up date is
uncertain.
Date of report 660708
Signature of officer making report Don W. Clark, Forest Manager
APPROVED 660712
Signature of approving officer George (ILLEGIBLE)
Title Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 14
Period from 660501 to 660531, inclusive.
REPORT OF TIMBER CUT
Cont. No.
Indian Office File No. 14-20-0510-252
Quinault Indian Reservation.
Name of purchaser Kramer Lumber Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should continue at the present rate barring
shutdowns. Sale should be nearly complete by the end of next month.
660602
(ILLEGIBLE) Don W. Clark Forest Manager
Approved 660607
(ILLEGIBLE)
Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Deposits" should appear the amounts which have
been collected from the purchaser. Likewise opposite "Deductions for
timber scaled and reported" should appear the value of the timber scaled
which has been deducted from "Advance Payments" and "Advance Deposits."
Opposite "Balances" should appear the balances on hand in "Advance
Payments" and "Advance Deposits." The "Value of timber cut and not
reported" should be deducted from the "Advance Deposit" balance and the
resultant amount shown opposite the "Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 12 Period from 660301 to 660331, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lumber Sales
Sale Unit Queets River
Table Not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should continue at present level if weather
permits.
660330
(ILLEGIBLE)
Don W. Clark Forest Manager
Approved 660428
(ILLEGIBLE) Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Deposits" should appear the amounts which have
been collected from the purchaser. Likewise opposite "Deductions for
timber scaled and reported" should appear the value of the timber scaled
which has been deducted from "Advance Payments" and "Advance Deposits."
Opposite "Balances" should appear the balances on hand in "Advance
Payments" and "Advance Deposits." The "Value of timber cut and not
reported" should be deducted from the "Advance Deposit" balance and the
resultant amount shown opposite the "Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 11 Period from 660201 to 660228, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lumber Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should continue at the same level next
month.
660304
(ILLEGIBLE) Don W. Clark Forest Manager
Approved 660307
(ILLEGIBLE) Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits". The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 10 Period from 660101 to 660131, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lumber Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Weather curtailed operations this month. Full scale
operations should resume next month.
660203
(ILLEGIBLE) Don W. Clark Forest Manager
Approved 660203
(ILLEGIBLE) Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 9 Period from 651201 to 651231, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lumber Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should be at the same level next month if
weather permits.
660104
(ILLEGIBLE) Sgd. Don W. Clark Forest Manager
Approved 660105
(ILLEGIBLE) Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 8 Period from 651101 to 651130, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-252
Quinault Indian Reservation
Kramer Lumber Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should continue at present level unless
weather or market conditions cause a shutdown.
651201
(ILLEGIBLE) Sgd/Don W. Clark Don W. Clark, Forest Manager
Approved 651202
(ILLEGIBLE) ACTING Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 7 Period from 651001 to 651031, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. cont. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lumber Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly ministered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should continue at the present level. By
the end of 001000, operations should be nearly completed on Allotment
No. 389 and start on No. 1439.
Date of Report 651102
Approved 651102
Don W. Clark, Forest Manager
(ILLEGIBLE) Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 6
Period from 650901 to 650930, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lumber Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Estimated additional cut, next 30 days, nearly
$5,000.00
651007
Approved 651007
M. Patience Ison, Forestry Clerk
(ILLEGIBLE) Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 5 Period from 650801 to 650831, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lamber Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Road building is in progress; operations should be
heavy on the Jack Sam Allotment No. 389 next month.
650910
Approved 650913
John W. Libby, Forest Manager
John W. Libby Acting Superintendent
INSTRUCTIONS
Report on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 4 Period from 650701 to 650731, inclusive
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lbr. Sales
Sale Unit Queets River
Table not keyed, see original.
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Weather permitting operations should be at the same
level next month.
Date of report 650812
Approved 650812
John W. Libby, Forest Manager
(ILLEGIBLE) Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 3
Period from 650601 to 650630, inclusive
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-252
Quinault Indian Reservation
Kramer Lbr. Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations on Richard Sharp allotment should be
complete by end of next month. Operations should be stronger on Jack
Sam allotment and the same on Martha Sam. Total operations should be
about same level as this month.
650706
Approved 650706
John W. Libby, Forest Manager
(ILLEGIBLE) Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 2
Period from 650501 to 650531, inclusive
REPORT OF TIMBER CUT
Indian Office File No. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lumber Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Road building in progress: logging should begin soon.
650607
Approved 650607
John W. Libby, Forest Manager
(ILLEGIBLE) Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposited "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 1
Period from 650401 to 650430, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-252
Quinault Indian Reservation.
Kramer Lbr. Sales
Sale Unit Queets River
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Logging should begin next month.
650510
Approved 650510
John W. Libby, Forest Manager
(ILLEGIBLE) Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber" scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and reported" should be deducted from the "Advance
Deposit" balance and the resultant amount shown opposite the "Net
balance in advance deposits."
HEL-009-0167-0247
HEL-009-0166-0247
FELSHAW, G M W WASH AGENCY
661228
CORRESPONDENCE
WILCOX, E R BIA
TO: 566
File attached in file 1019-65-339 Western Washington
DO NOT RETURN TO BRANCH OF FORESTRY
RECEIVED
670113
Forestry 64-2-5 - 339.5
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
The enclosed Extension of Time of Timber Contract for the Queets
River Logging Unit, Contract No. 14-20-0510-252, consisting of an
original and six copies, was hand-carried to this office on 661227, by
Mr. Lawrence G. Kramer President of Kramer Lumber Sales, Portland,
Oregon. Mr. Kramer is the purchaser of the timber in the Queets River
Logging Unit and had requested the extension to 670301, to complete
contractual obligations. Consent of surety has been obtained.
At the request of Mr. Don Clark, Forest Manager, the documents were
hand-carried to this office by Mr. Kramer to expedite approval of the
request for extension. We have approved the extension of time to
670301, and are returning the original and four copies for your
distribution. We have retained one copy for our files, and one copy to
send to the Washington Office.
Sincerely yours,
(SGD) EARLE E. WILCOX Acting Assistant Area Director (Economic
Development)
Enclosures
cc: Hoquiam Subagency
Commissioner, Attn. Br. of Forestry w/enclosure
EXTENSION OF TIME OF TIMBER CONTRACT QUEETS RIVER LOGGING UNIT
CONTRACT NO. 14-20-0510-252
We, Kramer Lumber Sales, of Portland, Oregon, purchaser of timber
from the Queets River Logging Unit, Contract No. 14-20-0510-252, on the
Quinault Reservation, which is described as Lot 4, Section 34: Lots 2,
3, 4, 5 and ILLEGIBLE Section 35; Lot 7 and E1/2 SW1/4 Section 26, all
in Township 23 North, Range 13 West, Willamette Meridian, Washington, in
pursuance of the terms and conditions of the certain contract approved
by the Area Director on 650218, will be unable to complete the
contractual obligations with reference to cutting and paying for the
timber by 661231, and hereby request that the contract be extended to
670301, to complete all contractual requirements. We agree to continue
all obligations under the contract the same as though no extension of
said contract had been made.
Signed this 661221.
KRAMER LUMBER SALES
Lawrence G. Kramer Pres.
We, United Pacific Insurance Company of Tacoma, Washington, surety on
the surety bond of Kramer Lumber Sales of Portland, Oregon, hereby
consent to the extension of time as requested above, and agree to
continue our liability on the bond to the same extent as though no
extension of the contract had been made.
UNITED PACIFIC INSURANCE COMPANY
By: Emma M. Kemp Attorney in Fact
Attent:
Margaret Jordon
Approved: (SGD) EARLE R. WILCOX Acting Assistant Area Director
Date: 661228
UNITED PACIFIC INSURANCE COMPANY A MEMBER OF UNITED PACIFIC INSURANCE
GROUP HOME OFFICE: TACOMA 1, WASHINGTON FIDELITY AND SURETY DEPARTMENT
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State
of Washington, having its principal offices in the city of Tacoma,
Washington, pursuant to authority granted by By-Laws No. 37-A of its
By-Laws, which reads as follows:
"The President, any Executive Vice-President, any other
Vice-President, any Assistant Vice-President, or any Resident
Vice-President of this Corporation, shall have authority to appoint in
writing such attorneys-in-fact as the business of the Company may
require, and to authorize such attorneys-in-fact, and each of them, to
execute on behalf of the Company, any bonds, recognizances,
stipulations, contracts of indemnity and other undertakings of like
character, or to exercise any lesser number of said powers as
hereinbefore set forth.
"Said appointments shall be attested by the Secretary or an Assistant
Secretary of this Corporation under its seal. The signature of the
Secretary or any Assistant Secretary to certified copies of such powers
of attorney may be original or facsimile, act and deed of this
Corporation. The President, any Executive Vice-President, any other
Vice-President, any Assistant Vice-President, or any Resident
Vice-President may revoke any appointment made pursuant hereto, and
revoke any and all authority conferred by any such appointment." does
hereby nominate, constitute and appoint EMMA M. KEMP of PORTLAND, OREGON
its true and lawful Attorney-in-Fact, to make, execute, seal and deliver
for and on its behalf, as surety, and as its act and deed, any and all
bonds and undertakings of suretyship
The execution of such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Company, as fully and amply, to
all intents and purposes, as if they had been duly executed and
acknowledge by the regularly elected officers of the Company at its
office in Tacoma, Washington, in their own proper persons.
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused
these presents to be signed by its Assistant Vice-President and its
corporate seal to be hereto affixed, duly attested by its Assistant
Secretary, this 600616.
UNITED PACIFIC INSURANCE COMPANY
Attest: s/ RUTH ENSTONE Assistant Secretary
By s/ W. R. SCHOFFSTALL (SEAL) Assistant Vice-President
STATE OF WASHINGTON County of PIERCE
ss.
On this 600616, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally
appeared W. R. SCHOFFSTALL and RUTH ENSTONE to me known to be the
Vice-President and Assistant Secretary, respectively, of UNITED PACIFIC
INSURANCE COMPANY, the corporation that executed the foregoing
instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized to
execute the said instrument and that the seal affixed is the corporate
seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year in
this certificate above written.
s/ S. W. HOPKINS Notary Public in and for the State of Washington
residing at Tacoma
STATE OF WASHINGTON County of PIERCE
ss.
I, RUTH ENSTONE, Assistant Secretary of the UNITED PACIFIC INSURANCE
COMPANY, do hereby certify that the copy of By-Law No. 37-A, set forth
in the foregoing instrument, is a true copy of said by-law and now in
force, and I do hereby further certify that the Power of Attorney above
set forth was duly and regularly executed by said UNITED PACIFIC
INSURANCE COMPANY in its usual form, and that the seal thereto affixed
is the corporate seal of said Company, and that said Power of Attorney
is in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said Company at the City of Tacoma this 600616
s/ RUTH ENSTONE (SEAL) Assistant Secretary
STATE OF WASHINGTON County of PIERCE
ss.
I, GERRY L. WHITE, Assistant Secretary of the UNITED PACIFIC
INSURANCE COMPANY, do hereby certify that the foregoing instrument is a
true copy of a Power of Attorney duly and regularly issued by said
Company, and that the same is still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said Company at the City of TACOMA this 661221
Gerry L. White (SEAL) Assistant Secretary
HEL-009-0248-0251
HEL-009-0248-0251
FELSHAW, G M W WASH AGENCY
650419
CORRESPONDENCE
GOUGH, K W BIA WASH DC
BUREAU OF INDIAN AFFAIRS Washington, D.C.
DATE 650419
MEMORANDUM FROM: BRANCH OF FORESTRY
TO 566, G Robinson
Please file Brief 1798-65 with Western Washington File 1019-65-339
(Queets River Logging Unit)
DO NOT RETURN TO BRANCH OF FORESTRY.
KWGough
HEL-009-0252-0252
HEL-009-0252-0291
ROBINSON, G
650401
CORRESPONDENCE
BR OF FORESTRY PORTL
RECEIVED
650405
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: 650401
SUBJECT Subsidiary Allotment Contracts, Queets River Unit, Quinault
Reservation. Contract No. 14-20-0510-252.
RECEIVED
650405
Form 5-611A 591000
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Contract No. 14-20-0510-252(1) Allotment No. 409
SUBSIDIARY ALLOTMENT TIMBER CONTRACT SALE OF ESTIMATED VOLUMES
Queete River 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.
14-20-0510-252, 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 Richard Sharp Quinault allotment #409, hereinafter called the
Seller, as represented by the Superintendent, Western Washington Indian
Agency under the authority of the attached power of attorney and
Lawrence G. Kramer, d/b/a Kramer Lumber Sales Portland, Oregon,
hereinafter called the Purchaser.
3. Superintendent. The Superintendent of the Western Washington
Indian Agency, or his authorized representatives, 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 661231
6. Allotment Description. This allotment is described as Lot 4 of
Section 34 and Lot 4 of Section 35, Township 24 North, Range 13 West,
Willamette Meridian, Washington comprising lands allotted to Richard
Sharp under the provisions of the Act of 870208 (24 Stat. 388). The
allotment contains approximately 62.20 acres of which approximately
62.20 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.
(490500)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinault INDIAN RESERVATION, Washington
(State)
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 34 and Lot 4,
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp
Quinault allottee No. 409, and authorize him to perform every act
(Name of reservation) 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 $12.65 per
MBM for western redcedar; $13.75 per MEM for Sitka spruce; and $9.75
per MEM for western hemlock and other species; $2.00 per cord for
pulpwood, 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 inaccordance with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration.
Place Bellingham Wash
(state)
Date 840918
Witnesses:
(ILLEGIBLE)
Edith Martin
Ward Simmonds
Ward Simmonds 518/362,880 int.
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 I the undersigned, hereby
request, authorize, and empower the Superintendent of the Western
Washington Indian Agency enter into contract for the sale of the timber
upon the following-described lands: Lot 4 Section 34 and Lot 4 Section
35, Township 24 North, Range 13 West, Willamette Meridian, Washington
the same being the allotment of Richard Sharp Quinault allottee No. 409,
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 $12.65 per MBM for western redcedar: $13.75 per MBM for Sitks
spruce; and $9.75 per MBM for western hemlock and other species; $2.00
per cord for pulpwood, 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 (ILLEGIBLE LINE) Date 640817,
Witnesses
John K. Nakoa 2402-A-Houstkealoha Pl
Samuel D. Kauyar 2402-A Hanokeoloha Place
Med Wheeler 3,040/362,880 int. P. O. BOX 224 (ILLEGIBLE LINE)
(ILLEGIBLE LINE)
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 I the undersignated, 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 34, and Lot 4
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, and authorize him to perform every act necessary and
requisite to the consummation of such 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 $12.65 per MBM for western redcedar; $13.75 per MBM for
Sitka spruce; and $9.75 per MBM for western hemlock and other species;
$2.00 per cord for pulpwood, (ILLEGIBLE LINE) 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 Seattle, Nash Date 640515 Witnesses:
John W. Palmer Vernon S. Halbert
Vernadine Reed Cummingham 18,9007362,880 int.
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 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 34 and Lot 4
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western redcedar; $13.75 per MBM for
Sitka spruce; and $9.75 per MBM for western hemlock and other species;
$2.00 per cord for pulpwood, 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.
ILLEGIBLE LINE Superintendent for and in behalf of the undetermined
heirs of the Edna Hall estate (21,756/362,880 int.). Authorized by
Acting Deputy Assistant Commissioner George W. Mathis by letter dated
640224, under authority delegated by Executive Order #2508, Section
16(a).
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 4 Section 34 and Lot 4
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western redcedar; $13.75 per MBM
for Sitka spruce; and $9.75 per MBM for western hemlock and other
species; $2.00 per cord for pulpwood. 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 Nablay, Washington
Date 640520
Witnesses:
Katherine Farkas
Enid Seran
Hildred Joles
Howard L Potter
Beverly Garker
Ruth Anderson Seran 15120/362,880 int.
Fred Anderson 15120/362,880 int.
Meredith Philipe Parker 15120/362,880
Witnesses:
John W. Parker
Vernon S. Halbert
ILLEGIBLE LINE
Howard L Potter
Joyce Cheeka 1554/362.880 int.
Susan Morganroth Lassar 1680/362,880
Ward Simmonda 518/362,880 int.
Joan Simmonda 518/362,880 int.
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 4 Section 34 and Lot 4
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western redcedar: $13.75 per MBM
for Sitka spruce; and $9.75 per MBM for western hemlock and other
species; $2.00 per cord for pulpwood. 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.
ILLEGIBLE LINE
Date 640616
Witnesses:
Vernon S. Halbert
John W. Palmer
Lela Pulsifer 1554/362,880 int.
Ruth San Mason mother for
Allen Mason 18900/362,880 int.
Morder Mason father for
Nellie Yvonne Mason 18900/362,880 int.
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 4 Section 34, and Lot 4
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western redcedar; $13.75 per MBM
for Sitka spruce; and $9.75 per MBM for western hemlock and other
species; $2.00 per cord for pulpwood. 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 throug 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.
ILLEGIBLE LINE
Date 640513
Witnesses:
James W. Bryson
John W. Palmer
Frank Hall 51,996/362,880 int.
Elma Pickernell Hall Hudson 6,048/362,880 int.
Grace Charley Hall 6,804/362,880 int.
Witnesses:
James W. Bryson
John W. Palmer
Vernon S. Halbert
Leda Reed Mowitch 18,900/362,880 int.
Lucetta Brignone 1,554/362,880 int.
Flora Wheeler Shale Logan 37,800/362,880 int.
Lawrence James Hall Jr. 9,912/362,880
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 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 34 and Lot 4
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western redcedar; $13.75 per MBM for
Sitka spruce; and $9.75 per MBM for western hemlock and other species;
$2.00 per cord for pulpwood, 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 Fair Oaks, California
Date 640515
Witnesses:
Eva Retta Crump 8217 Evakitts St Citrus Heights
Miss Margaret McJead
ILLEGIBLE LINE
Marriett Kelly 1,554/362,880
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 4 Section 34 and Lot 4,
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western redcedar; $13.75 per MBM
for Sitka spruce; and $9.75 per MBM for western hemlock and other
species; $2.00 per cord for pulpwood, 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 Seattle, Washington
Date 640515
Witnesses:
Jennie S. Frinkson
John K. Selle
THE NATIONAL BANK OF COMMERCE OF SEATTLE, GUARDIAN OF ESTATE OF IVAN
STACY CLEVELAND, (REED), MINOR
ILLEGIBLE LINE
Ivan Stacy Reed 18,900/362,880 int. Assistant Trust Officer
490500
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinsult 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 34, and Lot 4
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western redcedar: $13.75 per MBM for
Sitka spruce; and $9.75 per MBM for western hemlock and other species;
$2.00 per cord for pulpwood, 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 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 Newport, Oregon
Date 640513
Witnesses: Thomas B. Sytle P. O. Box 1383 Newport, Oregon
Hilda Rice 862 San Bays Dr. Newport, Oregon
Lela Mas Morganroth Sullivan 1,680/362,880 int.
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 34 and Lot 4
Section 35, Township 24 North, Range 13 west, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western redcedar; $13.75 per MBM
for Sitka spruce; and $9.75 per MBM for western hemlock and other
species; $2.00 per cord for pulpwood, 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 Harrah, Wash
Date 640520,
Witnesses: Andrew Alney White Swan, Wash, David Manjuz Haush, Wash.
Esther Marjaras Katber Mojaras 777/362,880 int.
Ezie Simmonds Kata Simmonds 777/362,880 int.
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 34 and Lot 4 Section 35, Township 24 North, Range 13
West, Willamette Meridian, Washington the same being the allotment of
Richard Sharp Quinault allottee No. 409, 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 $12.65 per MBM for western
redcedar: $13.75 per MBM for Sitka spruce; and $9.75 per MBM for
western hemlock and other species; $2.00 per cord for pulpwood, 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 Ocean, Calif.
Date 640526
Witnesses: Adeline Seto 517 Santa Barbara Ave San Louiz Alispo
Calif.
A. Earl Forcier 577 Santa Barbara San Luic Chispo Calif.
Freda S. Norlas 318/362,888 int.
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 34 and Lot 4
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western hemlock and other species;
$2.00 per cord for pulpwood, 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, Wash
Date 640514
Witnesses:
(ILLEGIBLE LINE)
Howard L. Potter (ILLEGIBLE) (ILLEGIBLE)
John W. Patier
John W. Palmer
(ILLEGIBLE)
Christ Eugene Morganroth 1660/362,880 int.
Pearl Penn 7560/362,880 int.
Shirley Woodruff 7560/362,880 int. WITNESSES:
Ralph Suttan
John W. Palmer
Ralph Eastern
Donna Jaimie 7560/362,880
Mary Alice Eastman 7560/362,880 int.
Russell Woodruff 7560/362,880 int.
Bertha Woodruff Garrick 7560/362,880 int.
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 34 and Lot 4 Section 35, Township 24 North, Range 13 West,
Willamette Meridian, Washington the same being the allotment of Richard
Sharp Quinault allottee No. 409, 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 $12.65 per MBM for western
redcedar; $13.75 per MBM for Sitka spruce; and $9.75 per MBM for
western hemlock and and other species; $2.00 per cord for pulpwood, 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 Seattle, Washington
Date 640518
Witnesses:
Mrs. Anna Darn (ILLEGIBLE LINES)
(ILLEGIBLE) Dorothy Wheeler Flynn 5,040/362,880
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinault INDIAN RESERVATION, Washingtion 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 34, and Lot 4 Section 35, Township 24 North, Range 13
West, Willamette Meridian, Washington the same being the allotment of
Richard Sharp Quinault allottee No. 409, 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 $12.65 per MBM for western
redcedar; $13.75 per MBM for Sitka spruce; and $9.75 per MBM for
western hemlock and other species; $2.00 per cord for pulpwood, 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.
See Attached - witnesses executed original only
(ILLEGIBLE) Lois Jean Reed 18,900/362,880
000500
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 enpower 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 34, and Lot 4
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western redcedar; $13.75 per MBM for
Sitka spruce; and $9.75 per MBM for western hemlock and other species;
$2.00 per cord for pulpwood. 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 Los Angeles, Calif.
Date 640517,
Witnesses:
Janet M. Maphaney 247 No. Robinson St., Los Angeles 26, Calif.
ILLEGIBLE
1467 Caswell Cre LA 66 Calif
Lois Jean Reed 19,900/362,889
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 enpower the Superintendent of the Western
Washington Indian Agency to enter into contract for the sale of timber
upon the following-described lands: Lot 4, Section 34 and Lot 4,
Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Richard Sharp Quinault
allottee No. 409, 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 $12.65 per MBM for western redcedar; $13.75 per MBM for
Sitka spruce; and $9.75 per MBM for western hemlock and other species;
$2.00 per cord for pulpwood, 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 San Luis Ohipo, California
Date 640713,
Witnesses:
Lillian R. Brown P.O. Box 1135, Mono Bay, Calif.
Ruth B. Lriudguest 9 Verde Drive, San Louis Olipo, Calif.
Joan Simmonds Acayan 518/362,880 int. 517 Santa Barbara Ave. San
Luis Obispo, Calif.
9. Effective Date. This contract shall become effective on the date
of approval. Signed and Sealed in sextuplet as of 641229.
PURCHASER
Witnesses:
ILLEGIBLE LINE
ILLEGIBLE LINE
Helen G. Kramer 5214 NE Wistania Dr Portland
LAWRENCE G. KRAMER, d/b/a KRAMER LUMBER SALES Name of corporation,
partnership or individual
By Lawrence G. Kramer
APPROVAL
Signed as authorized representative of Seller and Approved:
Name ILLEGIBLE LINE
Title ACTING Superintendent
650329
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
Form 5-611A
591000
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Contract No. 14-20 0510 252(2)
Allotment No. 94
SUBSIDIARY ALLOTMENT TIMBER CONTRACT SALE OF ESTIMATED VOLUMES
Queets River Logging Units, 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
252, hereinafter called gthe Master Contract, covering the logging unit
within which this allotment is located.
2. Parties to the Contract. The parties to this contract are the
hairs of Martha Sam, Quinault allotment #94, hereinafter called the
Seller, as represented by the Superintendent, Western Washington Indian
Agency under the authority of the attached power of attorney and
Lawrence G. Kramer, d/b/a Kramer Lumber Sale Portland, Oregon,
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, designted
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 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 661231
6. Allotment Description. This allotment is described as Lots 2, 3
& 5, Section 35, Township 24 North, Range 13 West, Willamette Meridian,
Washington comprising lands allotted to Marths Sam under the provisions
of the Act of 870208 (24 Stat. 388). The allotment contains
approximately 77.50 acres of which approximately 77.50 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.
5-191
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: Lots 2, 3 & 5, Section 35,
Township 24 North, Range 13 West, Willamette Meridian, Washington the
same being the allotment of Martha San
Quinault allottee No. 94 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 $12.65 per MBM for Western
redcedar: $13.75 per MBM for Sitka spruce: and $9.75 per MBM for
western hemlock and other species: $2.00 per cord for pulpwood, 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 (ILLEGIBLE) Washington
Date 640513
Witnesses:
Vernon S. Holbert John W. Palmer John W Palmer James W Bryson
Casper Sam
9. Effective Date. This contract shall become effective on the date
of approval. Signed and Sealed in sextuplet as of 641229
PURCHASER
Witnesses: (ILLEGIBLE) (ILLEGIBLE) Helen G. Kramer 5214 N E Wistaria
Dr Portland, Ore
LAWRENCE G. KRAMER d/b/a KRAMER LUMBER SALES Name of corporation,
partnership or individual By Lawrence G. Kramer
APPROVAL
#SIgned as authorized representative of Seller and Approved: Name
(ILLEGIBLE) Title ACTING Superintendent
650329
RECEIVED
650405
Form 5-611A
591000
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Contract No. 14-20-0510-252(3)
Allotment No. 389
SUBSIDIARY ALLOTMENT TIMBER CONTRACT SALE OF ESTIMATED VOLUMES
Queets River 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.
14-20-0510-252, 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 Jack Sam Quinault allotment #389, hereinafter called the
Seller, as represented by the Superintendent, Western Washington Indian
Agency under the authority of the attached power of attorney and
Lawrence G. Kramer, d/b/s Kramer Lumber Sales Portland, Oregon,
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 661231.
6. Allotment Description. This allotment is described as NE1/4NW1/4
Section 35 and SE1/4SW1/4 Section 26, Township 24 North, Range 13 West,
Willamette Meridian, Wash. comprising lands allotted to Jack Sam 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.
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: NE/4 NW/4 Section 35; SE/4 SW/4 Section 26,
Township 24 North, Range 13 West, Willamette Meridian, Washington the
same being the allotment of Jack Sam Quinault allottee No. 389, 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 $12.65 per MBM for western redcedar; $13.75 per MBM for
Sitka spruce; and $9.75 per MBM for western hemlock and other species;
$2.00 per cord for pulpwood, 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 (ILLEGIBLE)
Date 640513
Witnesses: Vernon S. Halbert (ILLEGIBLE) James W. Bryson
(ILLEGIBLE) Casper Sam 1/2 inst. Sarah Sam Sotomish 1/2 int.
9. Effective Date. This contract shall become effective on the date
of approval. Signed and Sealed in sextuplet as of 641229
PURCHASER
Witnesses: (ILLEGIBLE LINES)
LAWRENCE G. KRAMER d/b/a KRAMER LUMBER SALES By Lawrence G. Kramer
APPROVAL
Signed as authorized representative of Seller and Approved:
Name (ILLEGIBLE) Title ACTING Superintendent
650329
Form 5-411A
591000
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Contact No. 14-20-0510-252(4)
Allotment No. 1439
SUBSIDIARY ALLOTMENT TIMBER CONTRACT SALE OF ESTIMATED VOLUMES
Queets River 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.
14-20-0510-252, 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 Sallie Williams, Quinault allotment #1439, hereinafter called
the Seller, as represented by the Superintendent, Western Washington
Indian Agency under the authority of the attached power of attorney and
Lawerence G. Kramer, d/b/a Kramer Lumber Sales Portland, Oregon,
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 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 661231
6. Allotment Description. This allotment is described as Lot 7 and
NE1/4SW1/4 Section 26, Township 24 North, Range 13 West, Willamette
Meridian, Washington comprising lands allotted to Sallie Williams under
the provisions of the Act of 870208, (24 Stat. 388). The allotment
contains approximately 96.39 acres of which approximately 96.39 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.
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 7 and NE1/4SW1/4 Section
26, Township 24 North, Range 13 West, Willamette Meridian, Washington
the same being the allotment of Sallie Williams
Quinault allottee No. 1439, 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 $12.65 per NEM for western
redcedar; $13.75 per MBM for Sitka spruce; and $9.75 per MBM for
western hemlock and other species; $2.00 per cord for pulpwood, 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 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 640514
Witnesses: Virginia Payne (ILLEGIBLE) (ILLEGIBLE) (ILLEGIBLE)
(ILLEGIBLE) (ILLEGIBLE)
Kenneth Payne 2/42 int.
Nellie Williams Richards 7/42 int.
Harold Geroge, Sr. 4/42 int.
WITNESSES: John W. Palmer Vermon S. Halbert Howard L Potter Doris
Parker John W Palmer (ILLEGIBLE) John W. Palmer Vermon S. Halbert
Taft Williams 7/42 int.
Betty May George Elvrum 2/42 int.
Kattie Williams Jackson 14/42 int.
Viola Ann George Sowers 2/42 int.
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 7 and NE1/4SW1/4 Section
26, Township 24 North, Range 13 West, Willamette Meridian, Washington
the same being the allotment of Sallie Williams Quinault allottee No.
1439, 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 $12.65 per MBM for western redcedar; $13.75 per MBM for
Sitka spruce; and $9.75 per MBM for western hemlock and other species;
$2.00 per cord for pulpwood. 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 Fresham, Oregon
Date 640515
Witnesses: Mrs Glady C Patrik Rt. 1 Box 1030 Gresham Oreg
(ILLEGIBLE) Route 3 Box 336, Gresham, Ore
Stella Payne Tumbage Rt 3 Box 335 Gresham Oregon
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 7 and NE1/4 SW1/4
Section 26, Township 24 North, Range 13 West, Willamette Meridian,
Washington the same being the allotment of Sallie Williams Quinault
allottee No. 1439, 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 $12.65 per MBM for western redcedar; $13.75 per MBM for
Sitka spruce; $9.75 per MBM for western hemlock and other species;
$2.00 per cord for pulpwood. 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 (ILLEGIBLE) Washington
Date 640620
Witnesses: John W Palmer Vernon S. Halbert
Ione George Bowechop
9. Effective Date. This contract shall become effective on the date
of approval. Signed and Sealed in sextuplet as of 641229
PURCHASER
Witnesses: (ILLEGIBLE) (ILLEGIBLE) (ILLEGIBLE) 5214 NE Wretaris Dr
Portland, Ore.
LAWRENCE G. KRAMER d/b/a KRAMER LUMBER SALES
By Lawrence G. Kramer
APPROVAL Signed as authorized representative of Seller and Approved:
(ILLEGIBLE)
Title ACTING Superintendent
Date 650329
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.
HEL-009-0253-0291
HEL-009-0252-0291
COMM DOI BIA AREA DIR SUPT
650225
CORRESPONDENCE
BR OF FORESTRY PORTL
RECEIVED 650302
Form 000601
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
INSTRUCTION: For use as transmittal. Attach securely to material
and mail through regular channels.
Air Mail
TO Commissioner
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
FILE REFERENCE: 330
DATE 650225
SUBJECT Attached copy of F. O. Report, Queets River Logging Unit,
Quinault Reservation, for your file. Also, attached is a copy of
Abstract of proposals in the event your copy was omitted.
FOREST OFFICER'S REPORT QUEETS RIVER LOGGING UNIT TOWNSHIP 24 NORTH,
RANGE 13 WEST QUINAULT RESERVATION
A. Introduction:
The owners of the following allotment have requested that the timber
on their allotments be sold. They are located on the Quinault
Reservation, and are described as follows:
Richard Sharp, Quinault No. 409, Lot 4, Section 34; Lot 4, Section
35; Martha Sam, Quinault No. 94, Lots 2, 3 & 5, Section 35; Jack Sam,
Quinault No. 389, SE1/4 SW1/4 Section 26; NE1/4 NW1/4 Section 35;
Sallie Williams, Quinault No. 1439, Lot 7 & NE1/4 SW1/4 Section 26; all
in Township 24 North, Range 13 West, Willamette Meridian, Washington.
This area contains approximately 316 acres, of which approximately
250 acres are merchantable. The owners have requested that the timber
be sold to the highest bidder at public auction.
B. Description of Area:
This area is located north of the Queets River, in the northwest
corner of the Quinault Reservation. Highway 101 crosses the
southwestern portion of the area, providing easy access to markets. The
northern portion of the sale area is bordered by fee patented lands,
some of which have been logged. This northern portion lies at the base
of the coast range of hills. Consequently, part of this portion is
fairly level, while the rest is relatively steep and broken by many
small drainages that come together at the level and form one main
stream. Slopes in this area are approximately 30 percent. The
southwest portion of the sale area is situated on the river bottom and
the costal plain. Consequently this portion is fairly level, and poorer
drained than the north portion. The southeast portion is similar to the
northern part, in that the topography goes from fairly level to slopes
of 70 percent along the Queets River. The Queets River forms the
southern boundary of this unit, and where the river comes against the
coast hills in the southeast part of the sale, slopes are rather steep.
For the most part, the terrain is relatively level, with moderate slopes
in the northeast part of the unit to steep slopes along the river in the
southeast portion.
The timber in the sale area consists of mature and over-mature
western redcedar, western hemlock and Sitka spruce, of average quality
for reservation stands. Western redcedar comprises 34 percent of the
volume, while western hemlock comprises 49 percent and Sitka spruce 17
percent. The soil on the area runs from a sandy gravel composition
along the river to a gravelly clay in the hills. The domestic water
line supplying the village of Queets crosses the Jack Sam and Martha Sam
allotment. This will require extra care in logging to prevent damage to
the line.
C. Current Market Conditions:
The current log market on Grays Harbor has been relatively steady the
past year. Log prices for all species are similar to those paid a year
ago, with no indication of a change in the next few months. The demand
for western hemlock remains steady at about what it was a year ago. Log
prices for this species have shown a slight increase in the No. 3 grade
over last year, while prices for the higher grades have remained firm.
Prices for No. 1 western redcedar have shown an increase, due possibly
to the fact local shake mills are now buying logs instead of only
shakeboards. The export market is good, and indications are that the
demand for Sitka spruce will stay at the current level. These factors,
together with the easy access and the sale location being suitable for
winter operations, should have a favorable influence on the bidding.
D. Recommendations:
It is recommended that the timber on this area be advertised at the
appraised rates for not less than sixty (60) days. Advertisement is to
be by six (6) insertions in the Aberdeem Daily World, a daily newspaper,
and by circular letters and posters. Sale of the timber is to be made
by sealed bids, followed by oral auction.
E. Method of Cruise:
A 20-percent strip-plot cruise, using 1/5 acre rectangular plots, was
made by forestry personnel. All trees 12 inches D.B.H. and larger were
tallied that contained at least one 32-foot log.
Estimated Log Grades and Volumes
Table not keyed, see original
F. Stumpage Appraisal:
This appraisal is based on prices paid by local mills on Grays Harbor
as of 640401.
APPRAISAL SUMMARY
Queets River LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
LOG VALUES
Table not keyed see original
LOGGING COSTS
Queets River 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
Table not keyed, see original
Notes:
1. Direct logging and overhead cost estimates are average costs
obtained from seven 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 630812.
II. TRANSPORTATION (continued) .06 Average load @.065/log:
Table not keyed, see original
#Factor ues 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 at Forest Service rate of .10/M/Mile for
two (2) miles.
Table not keyed, see original
ROAD DEVELOPMENT COSTS QUEETS RIVER LOGGING UNIT
120 stations, new construction, 10' road standard
I. Surfacing, blasting:
Table not keyed, see original
II. Clearing & Grubbing:
Table not keyed, see original
III. Reservation:
Table not keyed, see original
IV. Falling, Bucking, Decking & Burden:
Table not keyed, see original
V. Drainage, culverts:
Table not keyed, see original
VI. Engineering & Contingencies
Table not keyed, see original
VII. Less Falling, Bucking, Decking and Burden (item IV)
Table not keyed, see original
VIII. Net Cost plus allowance for Profit and Risk
Table not keyed, see original
IX. Lose Allowance for Profit and Risk
Table not keyed, see original
X. Total net Development Costs
Table not keyed, see original
I. Surfacing, ballasting:
Table not keyed, see original
Cost of Material:
Table not keyed, see original
1/ Washington State Department of Natural Resources yardage tables;
Morrison Logging Company experience 100 to 125 cu. yds./sta; Aloba
Lumber Corporation experience 100+ cu. yds./sta.
2/ From experience of Jack Norkool, Chief Logging Engineer, Rayonier
Inc., Hoquian, Wash.
3/ Minimum costs figures quoted from Morrison Logging Company,
Rayonier Inc., Washington State Highway, Washington State Dept. of
Natural Resources and others. Karl Riebe Log. Co. is paying 10[/cu. yd.
royalty and 15[/cu. yd. for stripping gravel for logging road on the
Agnes Major allotment. The gravel is coming from the Morrison Log. Co.
pit in Fee Patent allotment 336, in Section 27, Township 24 North, Range
13 West.
II. Clearing &Grubbing; 10' road standard, 120 stations
A. Grubbing: 10' road + 8' shoulders + 4' ditching = 22' road bed
22' road bed x 120 stations = 264,000 sq. ft. 264,000 sq. ft. dividend
by 43,360 sq. ft./acre = 6.06 acres
B. Clearing: Average slopes 10-40% = 0.10 acre.ste. 1 sq root 0.10
acre/sta. x 120 stations = 12 acres
C. Cost for Clearing & Grubbing:
Table not keyed, see original
1/ Table - Clearing & Grubbing R/W - Washington State Dept. of
Natural Resources.
2/ U.S.F.S., Region 6, Logging Cost Guide; Quinault Ranger District
Bidding for approaches at Taholah for new highway bridge: 620000
Table not keyed, see original
III. Excavation: blasting, drifting, grading
Unclassified material
Table not keyed, see original
1/ Yardage tables - Washington State Dept. of Natural Resources;
Rayonier Inc. experience 500-1500 cu. yds./sta. depending on back
slope.
2/ USFS, Region 6 graph for excavating costs - Memo $5610, dated
601208, Transportation system.
IV. Falling, Bucking, Decking & Overhead of R/W timber: 120
stations of timber 120 stations x 0.10 acres/sta. = 12 acres 1/ 12 acres
x 36,750 bd. ft./acre 2/ = 441,000 board feet Falling & Bucking = $3.96
x 100% 3/ = $3.96 Yarding & Loading = $8.47 x 75% 3/ = $6.35 Burden =
$2.35 x 80% 3/ = $1.88 $12.19/M $12.19/M x 441,000 board feet $5,375.79
1/ From Item II = Clearing.
2/ From Curise = Merch. volume.
3/ From U.S.F.S. Timber Handbook, Quinault Ranger District.
V. Drainage = Culverts:
Table not keyed, see original
1/ Washington State Department of Natural Resources - Miller Cr.
Sale.
G. Determination of Stumpage Values:
The stumpage values were determined by use of the following formula:
S = V/1.OP - C
1. Western redcedar:
Table not keyed, see original
2. Western hemlock & Other species:
Table not keyed, see original
3. Sitka spruces:
Table 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 resonable profit.
Such factors as type of timber, marketing conditions and demand have
been considered in arriving at the margin for profit and risk.
D. Recommended Stumpage Values: (rounded to nearest five cents)
Table not keyed, see original
It is recommended that the timber on the Queets River Logging Unit be
advertised at the above rates.
I. Recent Market Data:
An analysis of recent sales on the Quinault Reservation is shown in
Exhibit A. These sales were made during the past year, and with one
exception, were not located on a paved road which involved some road
building to reach the sale area. Purchasers need for timber and
commitments for certain species influence the bidding in some instances.
J. Value of Forest Products:
Total Value of entire sale unit:
Table not keyed, see original
Value of Allotments:
Richard Sharp No. 409
Table not keyed, see original
Martha Sam No. 94
Table not keyed, see original
Jack Sam. No. 389
Table not keyed, see original
Sallie Williams No. 1439
Table not keyed, see original
Date: 640922
John W. Palmer Forester
Date: 641005
Sgd. John W. Libby Forest Manager
Date: 641005
(Sgd.) George M. Felshaw Superintendent
Exhibit A
ANALYSIS OF INDEX SALES
Western hemlock
Table not keyed, see original
The above sales were offered during 630000. All are located in the
Northwest portion of the Quinault Reservation. Under conditions with
relatively limited or no competition, as represented by the Agnes Major
sale, operators apparently demand a normal margin for profit and risk,
or that allowed in the appraisal. Because of a rising cedar market,
with good demand for logs, the price for cedar on the Clyde Moses sale
was "bid-up" considerably. This also took place at the time of the
Charles Hunt sale. However, the demand for hemlock logs for export to
Japanese markets greatly influenced the bidding for this species.
The comparison of the above recommended minimum stumpage rates, for
which these species will be advertised in the subject sale, indicates
that these rates are similar to prices bid for the index sales.
APPENDIX
There is an undetermined amount of western hemlock that would be
suitable for pulpwood within the Queets River Logging Unit. These
trees, which are below the cruising limits for sawtimber volume, are
intermingled with the old growth timber as single trees or in patches.
An attempt to leave these trees standing is hardly worthwhile, because
those that survive the logging uninjured will be susceptible to
windthrow. Those that are injured and still standing after the logging
operations will be susceptible to disease besides windthrow. These
small trees, plus tops, chunks, limby pieces and cull sawlogs which are
unmerchantable under the sawlog merchantability requirements of a
contract, are all suitable for pulpwood. Utilization of this material
can best be done while the sawlogs are being removed. At the present
time, there is a limited market on Grays Harbor for this type of
hemlock. Since an operator may desire to remove this material as
pulpwood, a stumpage rate has been established on a cord basis.
It is recommended that the stumpage price per cord be established at
$2.05 per cord.
Estimated production costs are as follows:
LOGGING COSTS
Queets River LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
Notes:
Direct logging costs were increased 50 percent over the average cost
for small operators on the Quinault Reservation due to the small size of
the timber involved.
II. TRANSPORTATION (continued)
.06 Average load @.065/log:
Table not keyed, eee 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:
Road maintenance computed at Forest Service rate of .10/M/Mile for
two (2) miles.
Table not keyed, see original
Notes:
A profit and risk allowance of 12% was deemed reasonable for the
risks involved in a "salvage" operation of this 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.
The price for hemlock pulpwood on Grays Harbor at the present time is
$16.00 per cord. Production costs were calculated on a per MBM basis;
using a factor of 3 cords per MBM 1-, the average price per MBM is
$48.00.
The stumpage calculation is as follows:
S = V/1.0P - C $48.00/1.12 - $36.65 = $6.21 per MBM or $2.07 per
cord, rounded to $2.05 per cord.
1- It is estimated that the majority of this material will be seven
inches or under in diameter. The conversion factors for Pacific
Northwest Forest Products prepared by the Institute of Forest Products,
page 9, gives a volume of 3.3 cords per MBM for six inch logs. With the
inclusion of some logs over seven inches in diameter, it is felt this
will average out to 3 cords per MBM.
QUEETS RIVER SALE
Sec. 26, 34, 35, T24N, R13W
Map not keyed, see original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
Map not keyed, see original
ABSTRACT of proposals received at Hoquiam, Washington 641222 for the
sale of timber from the Queets River Logging Unit, Quinault Reservation
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 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. None
which was considered and abstracted or eliminated for consideration for
reasons appearing elsewhere on the abstract or in report attached
hereto.
(ILLEGIBLE) Superintendent
HEL-009-0292-0314
HEL-009-0292-0314
COMM DOI BIA AREA DIR SUPT
650218
CORRESPONDENCE
HASSIG, E BIA PORTLAND ORE
Forestry 339.5 Queets River
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
650218
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 650129, you enclosed the original and six
copies of Timber Contract No. 14-20-0510-252, and appurtenant documents
covering the sale of timber from the Queets River Logging Unit, Quinault
Reservation, Washington. Also, you enclosed an Assignment of Contract
from Intercontinental Logging Company, Inc., of Coos Bay, Oregon, to
Lawrence G. Kramer, dba Kramer Lumber Sales of Portland, Oregon.
After examination of all documents, there was a question with regard
to the bond. The contract and bond were referred to the office of the
Regional Solicitor. A copy of the Solicitor's memorandum dated 650215,
recommending a change in the bond is enclosed for your information. The
corrected bond has been executed and attached to the contract and both
have been approved.
We are returning the original and four copies of the Queets River
Logging Unit Contract No. 14-20-0510-252 with related papers for proper
distribution. Two copies have been retained, one for our files and one
to be forwarded to the Washington Office.
Sincerely yours,
/S/ ELMER HASSIG Acting Assistant Area Director
Enclosures (6)
cc: Commissioner, Attn. Br. of Forestry w/enclosure Hoquiam
Subagency
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Contract No. 14-20-0510-252
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Queets River 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 the
owners of the Richard Sharp A1. #409; the Martha Sam A1. #94, the Jack
Sam A1. #389, and the Sallie Williams A1#1439 hereinafter called the
Seller, as represented by the Superintendent of the Western Washington
Indian Agency and Lawrence G. Kramer dba Kramer Lumber Sales of
Portland, Oregon, 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 on or before and shall complete all
other obligations on or before the contract expiration date of 661231.
6. Unit Description. This unit is located in Lot 4, Sec. 34 and Lot
4, Sec. 35, Lots 2, 3 & 5, Sec 35; SE1/4SW1/4 Sec. 26 and NE1/4NW1/4
Sec. 35; Lot 7 & NE1/4SW1/4 Sec. 26, all in Township 24 North, Range 13
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 $15,000.00
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 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. The log lengths shall be varied so as to secure the
greatest possible 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.
13. Cutting Schedule.
14. Volume Determination.
(a) Designated Timber. Logs cut under this contract shall be scaled
by established Scaling and Grading Bureau acceptable to the Approving
Officer, in accordance with official log scaling and grading rules
effective 620301, a copy of which is on file in the office of the
Approving Officer. Scaling by the Scaling Bureaus 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
to timber covered by this contract until 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 Provisions, 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.
Table not Keyed, See Original
(c) Indian Bureau Scaling. When the contract provides for scaling by
the Scaling and Grading Bureaus, Section 7(a) of the Standard Provisions
shall not apply as long as the Scaling Agreement is in effect, but that
the Indian Bureau reserves the right to scale and waste scale at any
time it believes it to be necessary.
(d) 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.
(e) Scale Reports. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(f) 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 portion of the truck receipt shall
be retained by the purchaser and turned in to the Officer in Charge as
he shall direct. The ticket portion of the receipt 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 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 is delivered and
to collect and mail said receipts to the Officer in Charge
14. Volume Determination (Cont.)
(g) 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.
(h) Bureau Scaling. All scaling of logs by the Grays Harbor and/or
Puget Sound Log Scaling and Grading Bureau shall be in accordance with
the Scaling Agreement between the Bureau of Indian Affairs and the Grays
Harbor and/or Puget Sound Log Scaling and Grading Bureau, a copy of
which is on file at the Hoquiam Sub-Agency Offices of the Western
Washington Indian Agency, Hoquiam, Washington. The Scaling Agreement
may be terminated by either party at any time after 90 days written
notice to the other party, provided the commitments made prior to
termination shall be fulfilled. The following general conditions shall
apply to Scaling Bureau scaling:
(1) The purchaser shall make arrangements for scaling services with
the Grays Harbor and/or Puget Sound Log Scaling and Grading Bureau and
shall pay for stumpage cut on the Queets River Logging Unit, Quinault
Indian Reservation on the basis of the log scale as determined by the
Scaling Bureau.
(2) Payment for scaling services to the Scaling Bureau shall be made
by the purchaser, and the Bureau of Indian Affairs assumes no
responsibility in this regard.
(3) The purchaser shall brand, with a State registered brand, all
logs as directed by the Forest Officer in Charge. A log brand assigned
to logs from any Bureau of Indian Affairs sale area shall not be used on
logs from any other sale area until approved by the Officer in Charge.
(4) The purchaser shall furnish the Bureau of Indian Affairs an
imprint of the brand in advance of use.
(5) The purchaser shall deliver all logs from the sale area to points
of scaling acceptable to the Scaling Bureau and approved in writing by
the Superintendent or his authorized representative. Changes in scaling
points must be approved by the Bureau of Indian Affairs in advance of
making the change.
(6) The Bureau of Indian Affairs will check scale Indian timber at
intervals to be determined by the Superintendent or his authorized
representative, and in the event such check scales show a variance in
volume of +/- five (5) percent, the Bureau of Indian Affairs will
request the Scaling Bureau to make a re-scale. In the event the Scaling
Bureau deems it necessary to demand renumeration for the cost of making
re-scales, the purchaser agrees to pay to the Scaling Bureau the cost of
such services. The purchaser agrees to cooperate with the Bureau of
Indian Affairs in providing conditions satisfactory to making check
scales.
(b) Additional Timber.
None
15. Slash and Snag Disposal.
Slash - Section 9(a) and 9(b) of the Standard Provisions shall net
apply.
Snag - See Section 9(c) of the Standard Provisions. In addition, any
non-merchantable partially dead tree, meeting the diameter and height
specifications of Section 9(c) that creates a fire hazard shall also be
felled.
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 well marked at the completion of
this sale.
(b) In addition to Section 8(b), Logging Methods, of the Standard
Provisions, 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 th
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.
(e) No landing will be permitted within 200 feet of the Queets
Village water supply. Yarding of logs will be away from the stream
course at all times, and only in specific instances will yarding be
permitted across the stream, than only upon approval of the Forest
Officer in Charge. Truck roads will be permitted to cross the stream,
but the number of crossings will be kept to a minimum and no road will
be permitted where the tail of the fill is less than 200 feet from the
stream course. Road locations and number and location of bridges will
be checked and approved by the Officer in Charge before construction
begins. The boundaries of the stream course have been marked with
yellow flagging tape. No falling of timber will be permitted within the
boundaries of this course unless approval is obtained, for specific
instances, from the Officer in Charge. Due care will be exercised in
the construction of bridges to minimize the disturbance of the stream
course.
19. Effective Date. This contract shall become effective on the
date of approval by the Approving Officer.
Signed and Sealed in sextuplet as of 641229
PURCHASER
Witnesses: (ILLEGIBLE)
LAWRENCE G. KRAMER dba KRAMER LUMBER SALES
Name of corporation, partnership or individual
By (ILLEGIBLE) Lawrence G. Kramer, Pres.
SELLER
(Sgd.) George M. Felshaw Superintendent
APPROVING OFFICER
Approved: 650218
Name: /S/ ELMER HASSIG Title Acting Assistant Area Director
Form 5-610
600300
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 OfficerC means the officer approving the contract or
his authorized representative.
1(b) "Commisioner" 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 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 Affair's right to
control the movement of timber until the volume has been determined. In
the event any timber covered by the contract is lost, 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 extention 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 writting 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.
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.
Payments and deposits shall be by check or postal money order, drawn
payable to the Bureau of Indian Affairs, or in cash, and 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, unless
otherwise specified in contracts in which the cutting period does not
exceed 1 year. 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 increase the maximum annual cut or extend the contract or both,
subject to such conditions as he deems most equitable to both parties.
When the contract specifies that timber will be designated for cutting
by placing a distinctive mark on each tree to be cut, the Bureau of
Indian Affairs is not obligated to complete the marking of each tree to
be cut prior to adjustment of the contract under the authority of this
paragraph.
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
Provision, may include scaling by log rule, measuring, counting,
weighting, 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 two-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 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 advanced payments
and advanced deposits shall be furnished to the Purchaser.
7(h) Purchaser's Check Sale. 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 restriction 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 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.
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 of 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 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
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 are 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. The requirements of this section shall
apply unless otherwise specified in the contract. 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 the 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.
(ILLEGIBLE)
QUEETS RIVER LOGGING UNIT
QUINAULT INDIAN RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Queets River Logging Unit", addressed to the
Superintendent, Western Washington Sub-Agency, Hoquiam, Washington, will
be received until 1:30 p.m., Pacific Standard Time, 641222, and will be
considered the equivalent of oral auction bids and posted for the
information of all bidders. Oral auction bids will be received by the
Superintendent or his authorized representative at the Hoquiam City Hall
Building, Hoquiam, Washington, beginning at 2:00 p.m., Pacific Standard
Time, 641222, for the purchase of timber on a tract within the Quinault
Indian Reservation, designated as the Queets River Logging Unit. Oral
auction bidding will be restricted to those who have previously
submitted an acceptable scaled bid in accordance with this notice. This
unit is more specifically described as that portion of the Richard Sharp
allotment No. 409, described as Lot 4 of Section 34 and Lot 4 of Section
35; all of the Martha Sam Allotment No. 94, described as Lots 2, 3 & 5,
Section 35; all of the Jack Sam allotment No. 389, described as
SE1/4SW1/4 Section 26 NE1/4NW1/4 Section 35; and all of the Sallie
Williams allotment No. 1439, described as Lot 7 and NE1/4SW1/4 Section
26; all in Township 24 North, Range 13 West, Willamette Meridian,
Washington, containing approximately 316 acres. This unit contains an
estimated stand to be cut of 3,377,000 board feet of western redcedar;
1,673,000 board feet of Sitka spruce; and 4,922,000 board feet of
western hemlock and other species, which estimates are not guaranteed.
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 $13.65 per M feet, B.M., for western
redcedar; $14.75 per M feet, B.M., for Sitka spruce; and $10.75 per M
feet, B.M., for western hemlock and other species. Material removed as
pulpwood will be paid for at rate of $2.00 per cord. Bidding will be
restricted to the sawlog stumpage only. 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 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 be
applied as part of the purchase price against timber cut on this unit
only, or retained as liquidated damages if the bidder shall not execute
the contract and furnish a satisfactory bond in the amount of Fifteen
Thousand Dollars ($15,000.00) within thirty (30) days of acceptance of
his bid. The contract will specify that all designated timber shall be
cut and removed from the unit by 661231, 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 for such scaling shall be paid by the
purchaser. A master contract for the timber will be executed, after
which seperate contracts will be entered into for each allotment in the
sale unit. An advance payment of fifteen (15) percent of the purchase
price of the timber on each allotment must be made within thirty (30)
days of approval of the master contract. The contract shall further
specify that the purchaser will leave the boundaries and corners of the
sale area well marked at the completion of the contract.
The domestic water supply for Queets Village is in this unit.
Purchaser's plan of operation will be subject to review before cutting
begins; the purchaser will be required to exercise extreme care in his
operations in the vicinity of this water supply. The contract will
provide further that in the event trust or other restrictions are
removed from any allotment, or any fractional part thereof, subsequent
to the execution of the contract, the purchaser will make direct payment
for timber cut, less fees for administrative expenses, to the owner (or
owners) of the unrestricted interests. Fees for administrative expenses
will continue to be made directly to the Bureau of Indian Affairs.
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 98201, or his representative at Room 206, Post Office
Building, Hoquiam, Washington 98550, or the Area Director, Bureau of
Indian Affairs Portland Area Office, P. O. Box 3785, Portland, Oregon
97208. Dated this 641014, at Portland, Oregon. Perry E. Skarra,
Assistant, Area Director. The domestic water supply for Queets Village
is in this unit. Purchaser's plan of operation will be subject to
review before cutting begins; the purchaser will be required to
exercise extreme care in his operations in the vicinity of this water
supply. The contract will provide further that in the event trust or
other restrictions are removed from any allotment, or any fractional
part thereof, subsequent to the execution of the contract, the purchaser
will make direct payment for timber cut, less fees for administrative
expenses, to the owner (or owners) of the unrestricted interests. Fees
for administrative expenses will continue to be made directly to the
Bureau of Indian Affairs. Bureau of Indian Affairs bid forns 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 98201, or his representative at Room 206,
Post Office Building, Hoquiam, Washington 98550, or the Area Director,
Bureau of Indian Affairs, Portland Area office, P.O. Box 3785, Portland,
Oregon 97208. Dated this 641014 at Portland, Oregon. Perry E. Skarra,
Assistant Area Director.
QUEETS RIVER SALE Sec. 26, 34, 35, T24N, R13W
Map not keyed, See original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
Map not keyed, see original
611100
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
BOND NO. 461049
BOND
KNOW ALL MEN BY THESE PRESENTS, THAT I LAWRENCE G. KRAMER dba KRAMER
LUMBER SALES of Portland, State of Oregon, a company organized and
existing under the laws of the State of Oregon, having an office and
principal place of business at Portland in the State of Oregon, as
principal, State of (or UNITED PACIFIC INSURANCE COMPANY a corporation
organized and existing under the laws of the State of Washington, having
its principal office at Tacoma), 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 650127
The condition of this obligation is such that
WHEREAS, LAWRENCE G. KRAMER, doing business as KRAMER LUMBER SALES,
principal herein, did on the 650121 propose to purchase, at the rate of
Twenty and No/100 dollars ($20.00), per M feet, B.M., for Western
Radcedar; Thirty Eight and No/100 Dollars ($38.00) per M feet, B.M.,
for Sitka Spruce, and Twenty and No/100 Dollars ($20.00) per M feet,
B.M., for Western Hemlock and other species, and Two and No/100 Dollars
($2.00) per cord for pulpwood. on certain lands within the Quinault
Indian Reservation in Jefferson County, Washington, described as
follows, to wit: Lot 4 of Section 34 and Lot 4 of Section 35; Lots 2,
3, and 5, Section 35; SE 1/4 SW 1/4 Section 26 and NE 1/4 NW 1/4
Section 35; Lot 7 and NE 1/4SW 1/4 Section 26, all in Township 24
North, Range 13 West, Willamatte 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 650121, duly accept said
proposal, and the proposal and acceptance were thereupon reduced to a
written contract.
NOW, THEREFORE, if the above-bounden LAWRENCE G. KRAMER dba KRAMER
LUMBER SALES 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 void; otherwise it
shall remain in full force and effect.
IN WITNESS WHEREOF, we hereunto set our hands and seals this the
650127, LAWRENCE G. KRAMER dba KRAMER LUMBER SALES
Lawrence G. Kramer Pres.
UNITED PACIFIC INSURANCE COMPANY
BY: Philip R Meaney
(Signature of president of corporation acting as surety)
Philip R. Meaney Attorney-in-Fact
CORPORATE SEAL OF SURETY, IF CORPORATION
Attest:
B. C. Hainline
DEPARTMENT OF THE INTERIOR,
650218
APPROVED:
/S/ ELMER HASSIG
Approving Officer.
Acting 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.
UNITED PACIFIC INSURANCE COMPANY A MEMBER OF UNITED PACIFIC INSURANCE
GROUP HOME OFFICE: TACOMA 1, WASHINGTON FIDELITY AND SURETY DEPARTMENT
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State
of Washington, having its principal offices in the city of Tacoma,
Washington, pursuant to authority granted by By-Law No. 37-A of its
By-Laws, which reads as follows:
"The President, any Executive Vice-President, any other
Vice-President, any Assistant Vice-President, or any Resident
Vice-President of this Corporation, shall have authority to appoint in
writing such attorneys-in-fact as the business of the Company may
require, and to authorize such attorneys-in-fact, and each of them, to
execute on behalf of the Company, any bonds, recognizances,
stipulations, contracts of indemnity and other undertakings of like
character, or to exercise any lesser number of said powers as
hereinbefore set forth.
"Said appointments shall be attested by the Secretary or an Assistant
Secretary of this Corporation under its seal. The signature of the
Secretary or any Assistant Secretary to certified copies of such powers
of attorney may be original or facsimile, and when the corporate seal is
affixed thereto, any third party may rely on said certified copies of
powers of attorney as the act and deed of this Corporation. The
President, any Executive Vice-President, or any other Vice-President,
any Assistant Vice-President, or any Resident Vice-President may revoke
any appointment made pursuant hereto, and revoke any and all authority
conferred by any such appointment." does hereby nominate, constitute and
appoint PHILIP R. MEANEY of PORTLAND, OREGON its true and lawful
Attorney-in-Fact, to make, execute, seal and deliver for and on its
behalf, as surety, and as its act and deed, any and all bonds and
undertakings of suretyship
The execution of such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Company, as fully and amply, to
all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the Company at its
office in Tacoma, Washington, in their own proper persons.
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused
these presents to be signed by its Vice-President and its corporate seal
to be hereto affixed, duly attested by its Assistant Secretary, this day
of 630805
UNITED PACIFIC INSURANCE COMPANY
Attest: s/GERRY L. WHITE By s/MORRIS E. BROWN (SEAL)
Assistant Secretary Vice-President
STATE OF WASHINGTON ss. County of Pierce
On this day of 630805, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally
appeared MORRIS E. BROWN and GERRY L. WHITE to me known to be the
Vice-President and Assistant Secretary, respectively, of UNITED PACIFIC
INSURANCE COMPANY, the corporation that executed the foregoing
instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized to
execute the said instrument and that the seal affixed is the corporate
seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year in
this certificate above written.
STATE OF WASHINGTON
ss. County of Pierce
s/IRENE C. KRIER Notary Public in and for the State of Washington
residing at Tacoma
I, GERRY L. WHITE, Assistant Secretary of the UNITED PACIFIC
INSURANCE COMPANY, do hereby certify that the copy of By-Law No. 37-A,
set forth in the foregoing instrument is a true copy of said by-law and
now in force, and I do hereby further certify that the Power of Attorney
above set forth was duly and regularly executed by said UNITED PACIFIC
INSURANCE COMPANY in its usual form, and that the seal thereto affixed
is the corporate seal of said Company, and that said Power of Attorney
is in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said Company at the City of Tacoma this day of 630805
s/GERRY L. WHITE (SEAL) Assistant Secretary
STATE OF WASHINGTON
ss. County of PIERCE
I, GERRY L. WHITE, Assistant Secretary of the UNITED PACIFIC
INSURANCE COMPANY, do hereby certify that the foregoing instrument is a
true copy of a Power of Attorney duly and regularly issued by said
Company, and that the same is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said Company at the City of TACOMA this day of 650127
Gerry L. White (SEAL) Assistant Secretary
ASSIGNMENT
WHEREAS, the Intercontinental Log Co., Inc. of Coos Bay, Oregon, is
designated as "purchaser" under proposed Contract No. 14-20-0510-252,
for the sale of certain timber located in the Quinault Indian
Reservation, State of Washington; and
WHEREAS, the Intercontinental Log Co., Inc. has heretofore advanced
and posted a deposit of $10,000.00 as required by notice of sale; and
WHEREAS, Lawrence G. Kramer dba Kramer Lumber Sales of Portland,
Oregon, desires to acquire the interests of the Intercontinental Log
Co., Inc. under said proposed contract, to the extent permitted by the
applicable rules and provisions governing said contract, and
WHEREAS, the Intercontinental Log Co., Inc. is willing to make such
transfer and assignment to Lawrence G. Kramer dba Kramer Lumber Sales.
NOW THEREFORE IT IS HEREBY AGREED, as follows:
For valuable consideration, the receipt of which is hereby
acknowledged, the Internatinental Log Co., Inc. does hereby assign,
transfer and set over to Lawrence G. Kramer dba Kramer Lumber Sales, all
right, title and interest in and to said contract above described, and
in and to the said advance deposit, above described. Assignee, Lawrence
G. Kramer dba Kramer Lumber Sales, hereby accepts said assignment, and
agrees to carry out and perform each and every obligation of the
purchaser under said Contract No. 14-20-0510-252, above described,
including the obligation of making all payments therein set forth,
assuming that said contract is, in fact, executed, and agrees, in all
respects, to fully carry out and perform the obligations of purchaser
thereunder, and to comply with all conditions set forth in said
contract.
This assignment will become effective upon approval by the Area
Director, Bureau of Indian Affairs, or his authorized representative.
Upon approval by the Area Director, Intercontinental Log Co., Inc.
will be relieved of all obligations under Timber Contract No.
14-20-0510-252.
In Witness Whereof, the parties hereto have set their hand and seal
this 650121.
WITNESSES:
R. B. Hilderbrant
Jack G. Lawrence
INTERCONTINENTAL LOG CO. INC.
By: Albert J. Firchau (Name and Title) (Assignor)
LAWRENCE G. KRAMER dba KRAMER LUMBER SALES
By: Lawrence G. Kramer (Name and Title) (Assignee)
APPROVED: /S/ ELMER HASSIG Acting Assistant Area Director
Date: 650218
STATE OF
COUNTY OF
On this 650121, before me, the undersigned, a Notary Public in and
for the State of Oregon, duly commissioned and sworn, personally
appeared Albert J. Firchau, to me known to be the President, of the
Intercontinental Log. Co., Inc., the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to
execute the said instrument and that the seal affixed is the corporate
seal of said corporation.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed this day and year
first above written.
ILLEGIBLE LINE Notary Public in and for the State of Portland,
Oregon, residing at Portland Oregon. my commission expires 670107
STATE OF
COUNTY OF
On this 650121, before me, the undersigned, a Notary Public in and
for the State of Oregon, duly commissioned and sworn, personally
appeared Lawrence G. Kramer, to me known to be the owner of the Lawrence
G. Kramer dba Kramer Lumber Sales, the company that executed the
foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said company, for the uses and
purposes therein mentioned, and an oath stated that he was authorized to
execute the said instrument and that the seal affixed is the corporate
seal of said company.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed this day and year
first above written.
ILLEGIBLE LINE Notary Public in and for the State of Portland Oregon,
residing at Portland, Oregon. my commission expires 670107
STATE OF OREGON
COUNTY OF ss.
AFFIDAVIT OF SECRETARY
I, R.B. hilderbrant, Secretary of Intercontinental Log. Co. Inc., a
Nevada corporation, do hereby certify that at a meeting of the board of
directors of the corporation, duly called, held at its office in the
City of Coas Bay, Coas County, Oregon, on 641109, at which a quorum was
present, the following resolution was adopted:
BE IT RESOLVED: That Albert J. Firchau, as President of the
Corporation, is hereby authorized to bid at any or all auction sales of
timber as he in his own judgement deems advisable in behalf of the
corporation, and is further authorized to transact such business as
necessary including entering into of contracts on behalf of the
corporation if he should be the successful bidder at such sales.
IN WITNESS WHEREOF, I have signed this certificate and affixed the
corporate seal this 641110.
R B Hilderbrant Secretary
(Corporate Seal)
Subscribed and Sworn to before me this 650121,
(Notary Seal)
ILLEGIBLE LINE Notary Public in and for the State of Oregon, residing
at Portland, Oregon. my commission expires: 670107
5-499
(491000)
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
PROPOSAL
For the purchase of timber on the Quinault Indian Reservation Bids to
be opened at the office of Hoquiam City Hall, Hoquiam, Wash. at 2:00
o'clock PM on the 641222 641222
To: Superintendent Western Washington Agency
SIR:
In response to the notice of sale of timber to be cut from a part of
the Quinault Indian Reservation in Jefferson County published in the
Aberdeen Daily World and by circular letter State of, a copy of which
notice is attached hereto, We hereby bid for the timber advertised as
follows: Bid, Queets River Logging Unit: Western redcedar - 3,377 MBM
@$20.00 = $67,540.00 Sitka spruce - 1,673 MBM @$38.00 = $63,574.00
Western hemlock & Other species - 4,922 MBM @$20.00 = $98,440.00 Total
9,972 MBM $229,554.00 We remit herewith a certified check in the amount
of Ten Thousand and No/100 dollars and no cents ($10,000.00) on the
First National Bank of Oregon Bank of Coos Bay, Oregon drawn in favor of
the Bureau of Indian Affairs as required by the notice of sale, and
agree that if our bid is accepted and I/we shall fail to fulfill our
agreement in accordance with the regulations governing the sale, then
the amount of this check shall be retained as liquidated damages for the
use and benefit of the allotted Indians. It is understood that if my
bid is rejected the check will be returned.
Respectfully,
INTERCONTINENTAL LOGGING CO.
By: Albert J. Firchau, Pres.
ABSTRACT of proposals received at Hoquiam, Washington 641222 for the
sale of timber from the Queets River Logging Unit, Quinault Reservation
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 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. None
which was considered and abstracted or eliminated for consideration for
reasons appearing elsewhere on the abstract or in report attached
hereto.
(Sgd.) George M. Felshaw Superintendent ...MAILING LIST
....................................................... . ...Table not
keyed, see original ...................................... .
.......................................#Size of Sale ..................
. ...96. W. H. Miller
.................................................. . 12007 NE Fargo
Court, Portland 20, .....1 2 3 ......................... . ...97.
Millman Lbr. Co. .............................................. . P. O.
Box 293, Pacific Beach, Wash. .....2 3 .......................... .
...98. Morrison Log. Co. .............................................
. Box 1019, Aberdeen, Wash. ..............1 2 3
......................... . ...99. Mundy & Ford Log. Co.
......................................... . Forks, Wash.
............................2 3 .......................... . ...100.
George Music ................................................. . c/o
Eliza Emfun, Randle, Wash. ..........2 3 .......................... .
...101. S. A. Newman, Forest Engineers ...............................
. P. O. Box 156, Everett, Wash. ..........1 2 3
......................... . ...102. Ralph Nims
.................................................... . Box 343,
Winlock, Wash. ...................3 .......................... .
...103. P & M Lbr. Co. ...............................................
. 521 Bel Aire Ave., Aberdeen, Wash. ......2 3
.......................... . ...104. Pacific Lbr. & Shipping Co.
.................................. . 620 Washington Bldg., Seattle 1,
.......1 2 3 ......................... . ...105. Parrino Bros.
................................................ . Rt. 2, Box 207,
Enumclaw, Wash. ........1 2 3 ......................... . ...106. Arne
J. Peterson ............................................. . 112
Colorado, Box 115, Longview, Wn. ...1 2 ........................... .
...107. Peninsula Ply. Corp. .........................................
. P. O. Box 311, Port Angeles, Wash. .....1 2 3
......................... . ...108. Robert Plant
................................................. . Humptulips, Wash.
......................1 2 3 ......................... . ...109. Pope &
Talbot, Inc ........................................... . Port Gamble,
Wash. .....................1 2 3 ......................... . ...110.
Walter T. Plumb .............................................. .
Copalis Beach, Wash. ......................2 3 ........................
. ...111. Puget Sound Ply. Inc.
........................................ . 230 East F St., Tacoma,
Wash. ..........1 2 3 ......................... . ...112. Puget Sound
Pulp & Timber Co. ................................ . Bellingham, Wash.
......................1 2 ........................... . ...113.
Rayonier Inc. ................................................ . Box
539, Hoquiam, Wash. ................1 2 3 ......................... .
...114. Clark Reed ...................................................
. Box 54, Quinault, Wash. ..................2 3
......................... . ...115. ROA Construction Co.
......................................... . 2118 Mill Avenue,
Bellingham, Wash. ....1 2 3 ......................... . ...116. George
M. Rogers ............................................. . 1009 State,
Raymond, Wash. ...............2 3 ......................... . ...117.
Robert L. Rogers ............................................. . Rt. 4,
Box 274, Olympi, Wash. ............2 ........................... .
...118. Fred Root ....................................................
. Box 698, Hoquiam, Wash. ................1 2 3
......................... . ...120. Saginaw Shingle Co.
.......................................... . Finch Building, Aberdeen,
Wash. ........1 2 3 ......................... . ...121. Salmon Creek
Log. Co. ........................................ . Box 157, Woodland,
Wash. ...............1 2 3 ......................... . ...122. Scott
PaperCo. ............................................... . Everett,
Wash. ..........................1 2 .......................... .
...123. Seaboard Lbr. Co. ............................................
. P. O. Box 1947, Seattle 11, Wash. ......1 2
........................... . ...124. Calvin Siddle
................................................ . Box 21, La Conner,
Wash. ................1 2 3 ........................ . ...125. Jack
Simpson ................................................. . 3812
Wetmore, Everett, Wash. ...........1 2 3 ......................... .
...126. Francis Smith ................................................
. 1920 Pacific Avenue, Aberdeen, Wash. ...1 2
........................... . ...127. J. T. Spradlin
............................................... . 645 Chenault,
Hoquiam, Wash. .............2 3 ......................... . ...128.
Stanwood Lbr. Co. ............................................ .
Stanwood, Wash, ........................1 2 3 .........................
. ...129. Superior Shake Co.
........................................... . Box 456, Concrete, Wash.
...............1 2 3 ......................... . ...130. Paul
Wonderly, Res. Mgr., St. Regis Paper Co., St. Paul & .... . Tacoma
................................................................ .
Division, .............................................................
. 1220 St, Paul Ave., Tacma, Wash. 98401 .1 2 3
......................... . ...131. Perry N. Stoner
.............................................. . Rt. 3, Box 376,
Shelton, Wash. .........1 2 3 ......................... . ...132.
Tacoma Narrows Lbr. Inc. ..................................... . P. O.
Box 176, Steilacoom, Wash. ........1 2 3 ........................ .
...133. Taylor & Bruckart, Inc. ......................................
. Industrial Forestry & Forest Products
................................. . P. O. Box 567, Bremerton, Wash.
........1 2 3 ......................... . ...134. Clay Thomas, Thomas
Lbr. Co. ................................. . Klamath Falls, Ore.
....................1 2 3 ......................... . ...135. R. J.
Ultican Remfg. Co. ..................................... . P. O. Box
305, Aberdeen, Wash. .........1 2 3 ......................... . ...136.
Valley Eight Log. Co. ........................................ . De p
River, Wash. ........................2 ........................... .
...137. Clarence Vanderjack ..........................................
. 3700 SW Upper Dr., Lake Oswego, Ore. ...1 2 3
......................... . ...138. Bill Wampler
................................................. . Box 134, Chiloquin,
Ore. ...............1 2 3 ......................... . ...139.
Washington Pulp & Tbr. Co. ................................... . P. O.
Box 712, Copalis Crossing, Wn. .....2 3 ......................... .
...140. Clif Webster .................................................
. 535 W. 16th, Port Angeles, Wash. .......1 2 3
......................... . ...141. Bill Wells
................................................... . Box 12,
Silverdale, Wash. ..............1 2 3 ......................... .
...142. Jim W. Wells Log. Co. ........................................
. Rt. 3, Box 1160, Hoquiam, Wash. ..........2 3
......................... . ...143. West Coast Orient
............................................ . 201 NW Second Avenue,
Portland 9, ......1 2 3 ......................... . ...144. West Coast
Ply. Co. .......................................... . P. O. Box 1180,
Aberdeen, Wash. ........1 2 3 ......................... . ...145. West
Tacoma Newsprint Co. .................................... . P. O. Box
8, Stielacoom, Wash. .........1 2 3 ......................... . ...146.
Western Forest Industries Assn. .............................. . 2319
Lloyd Center, Portland 12, Ore. ...1 2 3 ......................... .
...147. Western Lbr. Inc. ............................................
. Box 240, Aberdeen, Wash. ...............1 2 3
......................... . ...148. Weyerhaeuser Co.
............................................. . P. O. Box 1645, Tacoma
1, Wash. ........1 2 3 ......................... . ...149. Williamson
Log. Co. .......................................... . Rt. 3, Box 890,
Hoquiam, Wash. .........1 2 3 ......................... . ...150.
Wilson & Sutton .............................................. . 8305
Lewis River Road, Ariel, Wash. ....1 2 3 ......................... .
...151. Womer Bros. Log. Co. .........................................
. Amanda Park, Wash. ......................1 2 3
........................ . ...152. K.B. Wood & Assoc. Inc.
...................................... . 601 Dekum Bldg., Portland 4,
Ore. ......1 2 3 ......................... . ...153. Arthur A. Yerkes
............................................. . 106 Jefferson St.,
Aberdeen, Wash. .......2 ........................... . ...154. Herb
York .................................................... . Rt. 2, Box
769H, Marysville, Wash. .....1 2 3 ......................... . ...155.
Roy York ..................................................... . 1232
Railroad, Shelton, Wash. ............2 3 ......................... .
...156. Joe Zedrick ..................................................
. 1109 East Wishkah, Aberdeen, Wash ......1 2 3
......................... . ...157. George E. Miller Lbr. Co.
.................................... . 804 Standard Plaza, Portland,
Ore. ......1 2 .......................... . ...158. Lawrence G. Kramer
........................................... . 5214 NE Wistaria Dr.,
Portland, Ore. ...1 2 3 ......................... . ...159. Emil
Stadin .................................................. . Route 4,
Box 394, Snohomish, Wash. .....1 2 3 ......................... .
...160. The Transpacific Export Corp. ................................
. 1107 Hoge Bldg., Seattle, Wash. ........1 2 3
......................... . ...161. William E. Miller
............................................ . Box 54, Lakewood, Wash.
................1 2 3 ......................... . ...162. Hazel Brady
King ............................................. . Route 2, Box 186,
Hoquiam, Wash. ........1 2 3 ........................ . ...163. Jones
Tie & Lbr. Co., Inc. ................................... . P. O. Box
472, Olympia, Wash. ..........1 2 3 ......................... . ...164.
Clayton Q. Storseth .......................................... . Star
Route, Box 1, Squamish, Wash ......1 2 3 ......................... .
...165. L. S. Bradley Log. Co. .......................................
. Star Route, Box 44, Suquamish, Wash. ....1 2 3
........................ . ...166. Buse Timber & Sales, Inc.
.................................... . Route 1, Box 35, Marysville,
Wash. .....1 2 3 ......................... . ...167. William V. Brown
............................................. . Box 202, Indianola,
Wash. ................2 3 ......................... . ...168. K. E.
Beil, Greenacres, Inc. ................................. . 400 Boren
Ave., Seattle, Wash. .........1 2 ........................... . ...169.
F. Douglas Mayer ............................................. . 13039
8th Ave, NW, Seattle 77, Wn. .....1 2 ........................... .
...170. Harmer Log. Co. ..............................................
. Route 2, Box 267a Monroe, Wash. ........1 2
........................... . ...171. Pre-sales Section, SDNR
...................................... . Box 110, Olympia, Wash.
................1 2 ........................... . ...172. Dent &
Russell, Inc. ......................................... . 200 SW 5th
Ave., Portland, Ore. .........1 2 3 ........................ . ...173.
Oeser Cedar Co. .............................................. . P. O.
Box 156, Bellingham, Wash. .......1 2 3 ......................... .
...174. Eclipse Tbr. Co. .............................................
. P. O. Box 987, Everett, Wash. ..........1 2
........................... . ...175. Elmore Boom Co., Inc.
........................................ . 618 W. Curtis, Aberdeen,
Wash. .........1 2 3 ......................... . ...176. M. S.
Grewall, M.R. Forest Ind. Ltd. ......................... . 302 Randal
Bldg., ......................1 2 3 ......................... . 535 West
Georgia Street, Vancouver, B.C. .............................. .
...177. International Log. Co. Inc. ..................................
. 4th & Golden, Cooa Bay, Oregon .........1 2 3
......................... . ...POST OFFICES AT: Aberdeen, Aloha,
Amanda Park, Centralia, Chehalis, . Clallam Bay,
.......................................................... . Copalis
Beach, Copalis Crossing, Elma, Forks, Hoquiam, McCleary, ...... .
Montesano, Neah Bay, Olympia, Pacific Beach, Port Angeles, Port .......
. Townsend, Quilcene, Sequim, Shelton, Tacoma, Taholah, Washington.
..... . ...OTHER AGENCIES: Colville, Northern Idaho, Yakima and Warm
Springs. . . ...178. Joe Eustain Jr.
.............................................. . Hayes Route, Box 32,
Woodland, Wash. ...1 2 3 ......................... . ...179. J. W.
Pate ................................................... . 3114 East
8th Street, Everett, Wn. .....1 2 3 ......................... . ...180.
Skegit Timber Sales, Inc. .................................... . P. O.
Box 628, Everett, Wash. ..........1 2 3 ......................... .
...181. Pan Pacific Trading Corp. ....................................
. P. O. Box 3419, Tacoma, Wash. 98499 ....1 2 3
......................... .
HEL-009-0315-0353
HEL-009-0315-0353
FELSHAW, G M W WASH AGENCY
640224
CORRESPONDENCE
MATHIS, G W US DOI BIA
Forestry 843-64
640224
AIRMAIL
Mr. Robert D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
We refer to your letter of 640210, outlining the problem relating to
the sale of timber from Quinault Allotment No. 409. It is concerned
with the unprobated estate of Edna Hall Alden which represents
approximately six percent of the interest in the allotment.
You further state this is one of four allotments which is being
considered for a timber sale and is composed of spruce timber of poor
quality which has been found to be highly defective. It is inferred
that unless this timber is sold along with the timber on the other three
allotments it is very doubtful that a sale of the timber on this one
allotment could be made at a later date. You are therefore interested
in fulfilling the trust responsibility to keep the estate from wasting.
You are authorized to inform the Superintendent that he may sign the
power of attorney for this portion of the estate in order to facilitate
the timber sale for the purpose of keeping the assets from wasting as
outlined in 53 IAM 4.1B (4).
Sincerely yours,
Sgd GEORGE W. MATHIS Acting Deputy Assistant Commissioner
cc: 300 Bureau Surname Forestry Chrony Mailroom Chrony Holdup
KFWershing:mjm 640218
HEL-009-0354-0354
HEL-009-0354-0380
HOLTZ, R D BIA PORTLAND ORE
640210
CORRESPONDENCE
SKARRA, P E BIA PORTLAND ORE
RECEIVED 640218
Forestry 339.5 Prop. Queets River Unit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND 8, OREGON
640210
AIRMAIL
Commissioner, Bureau of Indian Affairs Washington, D. C.
Attention: Branch of Forestry
Sir:
We are enclosing copy of letter dated 640205, from Superintendent
Felshaw of the Western Washington Agency requesting an exception to 53
IAM 4.1B(3). The request relates to the unprobated estate of Edna Hall
Alden which represents 21756/362880 or approximately six percent of
Quinault Allotment No. 409.
As indicated in Mr. Felshaw's letter, Allotment No. 409 is one of
four allotments included in the proposed Queets River Unit. The spruce
timber involved is of poor quality and similar spruce along the river in
the immediate area has been found to be highly defective. Further delay
in harvesting this timber will result in losses to the owners.
We are sending you a copy of a map showing the location of the
proposed unit. We are in full agreement with Superintendent Felshaw's
proposal and we recommend your authorizing the Superintendent to sign
for the unprobated estate of Edna Hall Alden for the sale of timber on
the allotment of Richard Sharp, deceased Quinault Allottee No. 409.
Sincerely yours,
Perry E Skarra Assistant Area Director
Enclosures (2)
cc: Supt., Western Washington Agency
HEL-009-0355-0355
HEL-009-0354-0380
COMM BIA WASH DC
640205
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
RECEIVED 640201
Forestry 339.5 Prop. Sale-Quinault Queets River Unit
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
640205
Mr. R. D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
We are requesting an exception to 53 IAM 4.1B(3) and for
authorization for the Superintendent to sign for the unprobated estate
of Edna Hall Alden for the sale of timber on the allotment of Richard
Sharp, deceased Quinault Allottee No. 409. This allotment is one of
four in the Queets River Unit for which a timber sale is now being
prepared. The cruise of the allotment shows a net volume of 1,178,000
board feet of which 830,000 feet is hemlock and 348,000 feet is Sitka
spruce. The share of the Edna Alden estate is 21756/362880 or
approximately 6 percent.
This timber is of poor quality, particularly the spruce. It is
extremely doubtful if it can be sold on the local market. There is a
good chance that is can be sold now for export. The present export
market for spruce of all grades is good. How long this condition will
hold is anybody's guess.
There are 35 heirs to the Richard Sharp Allotment, including the
unprobeted estate. Nearings for the determination of the heirs of Mrs.
Alden have not been held. With the number of heirs involved, there is a
good chance that another estate may become involved before this one is
settled. We need to take advantage of the present export market or risk
irreporable loss to the Indian owners of this timber.
We anticipate no serious difficulty in obtaining consent of the other
heirs for the sale of this timber. Aside from one in Hewaii and three
or four in California, all are living in Washington or Oregon.
We are enclosing, in duplicate, a map of the proposed sale area
showing the land status of adjoining lands. It will be noted that areas
to the east and west are fee lands. These lands are owned by Rayonier,
Incorporated. We have been assured that Rayonier has no plans for early
logging of the timber on them.
Please forward our request for exception to the Manual, in this case,
to the Commissioner with your comments and recommendations.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosure
NORTH WEST PORTION QUINAULT INDIAN RESERVATION WASHINGTON
650100
Map not keyed, see original
CORRESPONDENCE
The preceding document(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
5-349d (590200)
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.
660808
TO: 566
File attached in file 1503-64-339 Western Washington
DO NOT RETURN TO BRANCH OF FORESTRY
330
5-486
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 9-Final
Period from to 650422, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-247
Quinault Indian Reservation
Name of purchaser Esses Log. Co. Inc.
Sale Unit Agnes Major
Table not keyed, see original.
1. Is the sale being properly administered. Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers. Yes
3. Remarks: Operations of the contractor have been completed in
accordance with the terms of the contract. Recommended sale be closed.
Slash J. W. Palmer
Snags J.W. Palmer
Streams J.W. Palmer
Improvements J.W. Palmer
Roads J.W. Palmer
Waste J.W. Palmer
Audit mpi
Other Liability none
Date of report 650421
Approved 650422
Signature of officer making report, John W. Libby, Forest Manager
Signature of approving officer, George M Felshaw
Title Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balances and the resultant amount shown opposite the
"Net balance in advance deposits."
5-486
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 8 Final
Period from 650301 to 650331, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-247
Quinault Indian Reservation.
Name of purchaser Esses Log. Co. Inc.
Sale Unit Agnes Major
Table not keyed, see original
1. Is the sale being properly administered. Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers. Yes
3. Remarks: Operations are completed. Certificate of Completion
will be prepared.
Date of report 650405
Approved 650405
Signature of officer making report, John W. Libby, Forest Manager
Signature of approving officer, George M. Felshaw
Title Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 7
Period from 650201 to 650228, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-247
Quinault Indian Reservation.
Esses Log Co. Inc.
Sale Unit Agnes Major
Table not keyed see original
1. Is the sale being properly administered? Yes.
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Sale is complete except for pickup and snag falling.
650303
Approved: 650303 John W. Libby, Forest Manager
George Malcohm Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balances and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 6
Period from 650101 to 650131, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-247 Quinault Indian
Reservation.
Esses Logging Company, Inc. Sale Unit Agnes Major #337
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Logging should be completed by the end of February.
650204
Approved 650204
John W. Libby Forest Manager
George (ILLEGIBLE) Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has beed deducted from "Advance
Payments" and "Advance Deposits". Opposite "Balances" should appear the
balance on hand in "Advance Payments" and "Advance Deposits." The "Value
of timber cut and not reported" should be deducted from the "Advance
Deposits" balance and the resultant amount shown opposite the "Net
balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 5
Period from 640801 to 641231, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-247 Quinault Indian
Reservation.
Esses Logging Co. Inc. Sale Unit Agnes Major #337
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations are down till the weather improves.
650104
Approved 650104
John W. Libby Forest Manager
George (ILLEGIBLE) Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate as the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Deposits" should appear the amounts which have
been collected from the purchaser. Likewise opposite "Deductions for
timber scaled and reported" should appear the value of the timber scaled
which has been deducted from "Advance Payments" and "Advance Deposits."
Opposite "Balances" should appear the balance on hand in "Advance
Payments" and "Advanc Deposits." The "Value of timber cut and not
reported" should be deducted from the "Advance Deposit" balance and the
resultant amount shown opposite the "Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 4
Period from 640701 to 640731, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-247 Quinault Indian
Reservation.
Esses Logging Company, Inc. Sale Unit Agnes Major Q#337
Table not keyed, see original
1. Is the sale being properly administered. Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers. Yes.
3. Remarks: Operations have been suspended until fall to allow the
area to dry out somewhat so cat logging can be used.
640825
Approved 640825
John W. Libby
(Signature of officer making report.)
John W. Libby, Forest Manager
(Title)
John W. Libby
(Signature of approving officer.)
Acting Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the Agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 3
Period from 640601 to 640630, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-247
Quinault Indian Reservation.
Esses Logging Company, Inc.
Sale Unit Agnes Major Q#337
Table not keyed, see original
1. Is the sale being properly administered. Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers. Yes
3. Remarks: Operations are curtailed for a month or so for a little
drier weather.
640709
(Date of report.)
John W. Libby
(Signature of officer making report)
John W. Libby, Forest Manager
(Title)
Approved 640709
(ILLEGIBLE)
(Signature of approving officer) Acting Superintendent
(Title)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
5-486
Report No. 2
Period from 640501 to 640531, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-247
Quinault Indian Reservation.
Esses Logging Company, Inc.
Sale Unit Agnes Major Q#337
Table not keyed see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should continue at the same rate next month.
640609
(Date of report.)
John W. Libby
(Signature of officer making report.)
John W. Libby, Forest Manager
(Title)
Approved 640609
(ILLEGIBLE)
(Signature of approving officer) Acting Superintendent
(Title)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
5-486
Report No. 1
Period from 640401 to 640430, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-247
Quinault Indian Reservation.
Esses Logging Co.
Sale Unit Agnes Major #337
Table not keyed see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should continue at about the same rate for
the next 30-day period.
640505
(Date of report.)
John W. Libby
(Signature of officer making report)
John W. Libby, Forest Manager
(Title)
Approved 640505
George M. Felshaw
(Signature of approving officer.) Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
HEL-009-0356-0380
HEL-009-0354-0380
HOLTZ, R D BIA PORTLAND
650507
CORRESPONDENCE
BR OF FORESTRY PORTL
RECEIVED
650310
Form 5-388
530700
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Regular Mail
TO Commissioner
FOR ATTENTION OF: BRANCH OF FORESTRY
FROM Portland Area Office Branch of Forestry
DATE: 650705
SUBJECT Final Report of Timber Cut and Certificate of Completion
covering close of Agnes Major Logging Unit Sale, Quinault Indian
Reservation, No. 14-20-0510-247.
HEL-009-0381-0381
HEL-009-0381-0386
COMM DOI BIA AREA DIR SUPT
650505
CORRESPONDENCE
KEATON, J R W WASH AGENCY
Forestry 339.5 Agnes Major Sale Unit Q#337
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
650505
Essex Logging Company, Inc. Quinault, Washington
Gentlemen:
Enclosed are Certificate of Completion and Report of Timber Cut
Final, covering your operations in the Agnes Major Sale Unit, Quinault
Indian Reservation.
Operations have been completed in accordance with the terms of the
contract. You and your surety, Fidality and Deposit Company of
Maryland, are hereby relieved of any liability under this timber sale
contract arising subsequent to 650426.
Sincerely yours,
(Sgd.) James R. Keaton ACTING Superintendent
Enclosures
Copy to: Fidelity and Deposit Company of Maryland Portland Area
Office (2) Hoquiam Subagency w/enclosures
HEL-009-0382-0382
HEL-009-0381-0386
ESSEX LOGGING CO
650422 650426
CORRESPONDENCE CORRESPONDENCE
SUPT HASSIG, E W DOI WASH AGENCY BIA PORTLAND ORE
Forestry 339.5
Agnes Major IN REPLY Unit REFER Q# TO: 337
Forestry Western 63-3-6 Washington - Agency 339.5 1620 Hewitt Agnes
Major Avenue
Everett, UNITED Washington 98201 STATES DEPARTMENT
650422 OF THE
Mr. INTERIOR
R. D. BUREAU OF Holtz
INDIAN AFFAIRS Area Director, PORTLAND AREA Portland, Oregon OFFICE
POST
Dear OFFICE BOX Mr. Holtz: 3785 PORTLAND,
OREGON Enclosed 97208 in duplicate
650426 are Report
Mr. of Timber George M. Cut - Felshaw Superintendent, Final, Western
and Certificate Washington Agency of Completion
Dear covering Mr. the operations Felshaw:
of Your Esses Logging letter dated Co., Inc., 650422, requests
contractor on authorization the to close Agnes Major the Agnes Logging
Unit, Major Logging Quinault Indian Unit sale, Reservation. Quinault We
Indian Reservation, have retained Washington. our copies, You have
together enclosed with in the GAO duplicate the copies. Final
Report Operations of of the Timber Cut contractor have and
Certificate been completed of Completion in accordance covering
operations with the of Esses terms of Logging Company, the contract.
purchaser for Authority Timber Sale is requested Contract to No. close
14-20-0510-247. the
You sale and state that to notify operations of the contractor the
contractor and Fidelity have been and Deposit completed in Company of
accordance with Maryland, the surety, that terms of they are the
relieved contract. of further You request liability under authority to
the contract. close the
Sincerely sale and yours,
to notify Superintendent
the contractor Enclosures
and surety 5-500 a that they
UNITED are relieved STATES DEPARTMENT of further OF THE liability
under INTERIOR BUREAU the contract. OF INDIAN We AFFAIRS
have examined (490200)
all documents CERTIFICATE and OF find COMPLETION OF them to TIMBER be
CONTRACT
in order. Timber statement
You (final) 650422 are hereby
Indian authorized to Office file notify Esses No. Cont. Logging
Company, 14-20-0510-247 purchaser,
and Agnes Major the Fidelity Logging and unit
Deposit Company Contract of approved 640225 Maryland, surety Expires
on 650630
the bond, Land status: that they Allotted are relieved
Western of any Washington Agency liability under
Quinault the Agnes Reservation
Major Logging Esses Logging timber sale Co. Inc. contract arising
Contractor
subsequent to Description S/ the date2 NE/ of this4, Sec. letter.
You 27 T24N., are also R.13W., authorized to Willamette Meridian
refund to
Allotment Esses Logging No. 337 Company the Name of unobligated
allottee balance Agnes now Major on deposit
Table with not you in keyed, see connection with original
the Agnes CONTRACTOR'S CERTIFICATE Major
Logging (FINAL Unit timber CUT)
sale contract. I
hereby Please certify send that all us copies the of timber covered
your letters by my to the contract on purchaser and above-described land
the surety has been advising them removed and of sale I hereby
completion and surrender all relief of rights under contract liability.
the
above Sincerely contract yours, and
request to /S/ ELMER be released HASSIG ACTING from further ASST.
Area obligations under Director
said contract. cc: Commissioner,
Esses Attn. Br. Logging Co., of Forestry Inc.
w/enclosures By: (3) (ILLEGIBLE) Hoquiam Subagency
Dated 650414
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 650416
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.) George M. Felshaw Superintendent
Dated 650422
DISPOSITION OF MONEY
IIM ACCOUNTS $14,271.79
U.S. TREASURY (FEES) $1,585.76
I certify that the operations of Esses Logging Company, Inc.,
contractor on Contract No. 14-20-0510-247 on the Agnes Major Allotment
No. 337, Quinault 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-009-0384-0387 HEL-009-0383-0386
HEL-009-0381-0387 HEL-009-0381-0386
HOLTZ, R
FELSHAW, D BIA G M PORTLAND W WASH AGENCY
640407
CORRESPONDENCE
WILCOX, E BIA PORTLAND
RECEIVED
640409
IN REPLY REFER TO:
Forestry 63-3-6 - 339.5 Agnes Major
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington, D. C.
Attention: Branch of Forestry
Sir:
In your letter dated 640317, you requested that additional documents
be included with timber sale Contract No. 14-20-0510-247. This contract
covers the sale of timber from the Agnes Major Allotment, Quinault
Reservation.
In response to your request, we are sending you copies of the
following:
1. Letter dated 640406, from Superintendent Felshaw indicating the
National Bank of Commerce of Seattle is still the legal guardian for
Weaver Major.
2. Letter dated 640327, from the National Bank certifying that the
power of attorney executed on 611003, has been at all times since, and
now is effective.
The copies being sent to you are for inclusion in your copy of the
contract.
Sincerely yours,
Illegible Acting Assistant Area Director
Enclosures (2)
cc:
Supt., Western Washington Agency
HEL-009-0387-0387
HEL-009-0387-0389
COMM DOI BIA WASH DC BIA BR OF FORESTRY
640406
CORRESPONDENCE
FELSHAW, G M BIA W WASH AGENCY
IN REPLY REFER TO:
Forestry 339.5 MAJOR, Agnes 63-3-6
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency 1620 Hewitt Avenue
Everett, Washington 98201
640406
Mr. R. D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
The National Bank of Commerce of Seattle, Washington is still the
legal guardian for Weaver Major. Enclosed, in duplicate, is a photo
copy of a certification dated 640327 signed by R. F. Garing, Assistant
Trust Officer that the Power of Attorney executed 611003 has been
continually in effect. The original will be attached to the GAO copy of
the contract. Copies will be distributed to others holding copies of
the contract.
Sincerely yours,
(Sgd.) George M. Felshaw
Superintendent
Enclosure
Copy to: Esses Logging Company, Inc. Fidelity and Deposit Company
Hoquiam Subagency
HEL-009-0388-0388
HEL-009-0387-0389
HOLTZ, R D BIA PORTLAND ORE
640327
CORRESPONDENCE
GARING, R F NAT BANK OF COMMERCE
The National Bank of Commerce of Seattle
POST OFFICE BOX 3966, SEATTLE, WASHINGTON 98124
640327
Mr. George M. Felshaw, Superintendent Western Washington Indian
Agency 1620 Hewitt Avenue Everett, Washington
Subject: Weaver Major Guardianship
Dear Mr. Fellshaw:
This is to certify that the Power of Attorney executed to the Agency
on 611003 by our bank as guardian of the above estate, per Roy M. Adams,
Trust Officer, has been at all times since, and now is, effective.
Sincerely yours,
R. F. Garing Assistant Trust Officer.
RFG:JF
HEL-009-0389-0389
HEL-009-0387-0389
FELSHAW, G M W WASH INDIAN AGENCY
640324
CORRESPONDENCE
SKARRA, P E BIA PORTLAND ORE
RECEIVED
640330
IN REPLY REFER TO:
Forestry 63-3-6 - 339.5 Agnes Major
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
640324
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
We are enclosing a copy of letter dated 640317, in which the
Assistant Commissioner requests a statement be included with timber sale
Contract No. 14-20-0510-247. This contract covers operations under the
Agnes Major Logging Unit contract and was approved in this office
640225.
Timber from this unit was advertised for sale with bid openings
scheduled for 611201, and 630423. No bids were received at either
offering. The timber was then advertised for a third time with three
bids received on 640114.
We are aware that the National Bank of Commerce in Seattle, Guardian
for the estate of Weaver Major, has requested each offering of timber
from this allotment. We are also aware that prior to each advertisement
the appraised rates were discussed with representatives of the Trust
Department of the National Bank of Commerce of Seattle.
In view of the request from the Washington Office, will you obtain
from the legally appointed guardian a statement to the effect that the
power of attorney is still in effect and has not been revoked. You
should also sign a statement to be included with each copy of the
contract to the effect that the National Bank of Commerce of Seattle is
still the legal guardian and that the power of attorney has not been
revoked.
Please furnish us with the necessary copies so that we may include
them with our copy of the contract and furnish a set to the Washington
Office.
Sincerely yours,
(Sgd) PERRY E. SKARRA Assistant Area Director
Enclosure
cc: Commissioner, Attn. Br. of Forestry
HEL-009-0390-0390
HEL-009-0390-0391
FELSHAW, G M W WASH AGENCY
640317
CORRESPONDENCE
FRYER, E R DOI BIA WASH DC
Forestry 1503-64
640317
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
This office recently received a copy of timber sale contract No.
14-20-0510-247, covering the sale of timber from the Agnes Major
allotment, Quinault Indian Reservation. The contract was approved on
640225, by Area Director, Holtz.
It is noted that the power of attorney for the sale of the timber was
signed by a trust officer of The National Bank of Commerce of Seattle,
Guardian of the Estate of Weaver Major. The power of attorney is dated
611003.
We assume that the bank is the legally appointed guardian and has
authority to act as trustee for the estate of Weaver Major. We also
assume that the Superintendent in signing the contract has assured
himself that the bank is the guardian.
It occasionally happens that there may be a change in the legally
appointed guardian and we question proceeding with a sale on a power of
attorney that was signed over three years ago. Since only one signature
was involved it would not have been difficult to obtain a new power of
attorney. If a new power of attorney is not executed it might be
appropriate to obtain a statement of a fairly recent date that the power
of attorney is still in effect and has not beeen revoked.
In this particular instance we would like a statement to be included
with the contract, signed by the Superintendent, to the effect that the
above-mentioned bank is still the legal guardian and that the power of
attorney has not been revoked. Such statement should be included with
all copies of the contract.
Sincerely yours,
(SGD) E. REESEMAN FRYER ASSISTANT Commissioner
cc: 300 Bureau Surname Forestry Chrony Mailroom Chrony Holdup
HFWershing:mjm 640311
HEL-009-0391-0391
HEL-009-0390-0391
HOLTZ, R D BIA PORTLAND ORE
640310
CORRESPONDENCE
BIA BR OF FORESTRY
RECEIVED
640316
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: Branch of Forestry
FROM Portland Area Office Branch of Forestry
DATE: 640310
SUBJECT Attached is copy of Revised Forest Officer's Report and
Abstract of Proposals, Agnes Major Logging Unit, Quinault Res. These
documents were omitted when your copy of the contract was mailed to you
REVISED FOREST OFFICER'S REPORT Agnes Major Logging Unit Quinault
Indian Reservation
A. Introduction:
The Agnes Major allotment No. 337 is described as the S1/2NE1/4
Section 27, Township 24 North, Range 13 West, Willamette Meridian,
Washington. The timber on this tract was advertised for sale on 611201.
No bids were received. The timber is predominately poor-average
quality western redcedar. The market for cedar has shown a slight
improvement since the original advertisement. Therefore, the owner has
requested that the timber be advertised for sale again. The description
of the stand, method of cruise and other pertinent facts are contained
in the original Forest Officer's Report.
B. Recommendations:
It is recommended that the timber be advertised at the appraised rate
for not less than thirty (30) days by posters and circular letters, and
four (4) insertions in the Aberdeen Daily World. Sale of the timber to
be by sealed bids, followed by oral auction.
C. Stumpage Appraisal:
This appraisal is based on the 4th Quarter 620000 PNLA Grays Harbor
log market prices and prices paid at local mills on Grays Harbor as of
630101.
APPRAISAL SUMMARY
Agnes Major LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
LOG VALUES
Table not keyed, see original
#Log prices from: PNLA 4th Qtr. 620000, and prices paid at local
mills on Grays Harbor as of 630101. In all instances, the higher value
was used.
LOGGING COSTS
Agnes Major 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 (71 miles to Grays Harbor, Washington)
Table not keyed, see original
Notes:
Direct logging and overhead cost estimates are average costs obtained
from five operators in Grays Harbor County (copies at Area and Agency
Offices.)
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 the Washington State
Formula (Ref. R6-TM-179.)
Notes: Truck hauling rates computed according to Washington
Utilities and Transportation Commission Tariff 4-A, effective January
10, 1962.
Table not keyed, see original
Notes:
Road Construction estimates are those used in the original Forest
Officer's Report.
D. Appraised Value of Stumpage:
S = V/1.OF - C
1. Western redcedar:
Table not keyed, see original
2. Western hemlock & Other species:
Table not keyed, see original
3. Sitka spruce:
Table not keyed, see original
An allowance of eight (8) and ten (10) percent was used in the
original Forest Officer's Report.
E. Indicated Stumpage Rate: (rounded to the nearest five cents)
Table not keyed, see original
It is recommended that the timber on the Agnes Major Logging Unit be
advertised at the above indicated stumpage rates.
F. Recent Market Data:
See Exhibit A for an analysis of the most recent sales on the
Quinault Reservation.
G. Value of Forest Products:
Table not keyed, see original
Date: 630305
John W. Palmer John W. Palmer Forester
Date: 630305
CONCUR: Sgd. John W. Libby
John W. Libby Forest Manager
APPROVED:
(ILLEGIBLE) ACTING Superintendent
ANALYSIS OF INDEX SALES QUINAULT INDIAN RESERVATION
Table not keyed, see original
The above sales were made during the past nine months under market
conditions comparable to present conditions. One sale is approximately
half the distance to market of the proposed sale. The other sale was
purchased for a winter show. Both of the index sales have timber of
better quality than the timber on the subject sale. These factors are
apparent in the ratio of bid price to conversion return in the hemlock
and spruce values. Cedar was bid at the minimum in both index sales.
Quality and distance to market are reflect in the ratio for this
species.
ORAL AUCTION SALE OF TIMBER QUINAULT INDIAN RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Agnes Major Logging Unit", addressed to the
Superintendent, Western Washington Indian Sub-Agency, Hoquiam,
Washington, will be received until 1:30 p.m., Pacific Standard Time, ,
and will be considered the equivalent of oral auction bids and posted
for the information of all bidders. Oral auction bids will be received
by The Superintendent, Western Washington Indian Agency, or his
authorized representative at the Hoquiam City Hall Building, Hoquiam,
Washington, beginning at 2:00 p.m., Pacific Standard Time, , for the
purchase of timber on a tract within the Quinault Indian Reservation
designated as the "Agnes Major Logging Unit", more specifically
described as the Agnes Major allotment No. 337, described as the
S1/4NE1/4 Section 27, Township 24 North, Range 13 West, Willamette
Meridian, Washington, containing 80 acres. Oral auction bidding will be
restricted to those who have previously submitted an acceptable sealed
bid in accordance with this notice. The unit contains an estimated
stand to be cut of approximately 2,194,000 board feet of western
redcedar, 307,000 board feet of Sitka spruce and 477,000 board feet of
western hemlock and other species, which estimates are not guaranteed.
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 $7.95 per M feet, B.M., for western
redcedar, $16.25 per M feet, B.M. for Sitka spruce and $11.65 per M
feet, B.M., for western hemlock and other species. Sealedbids will be
posted at the beginning of the auction for the information of all
bidders. 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. 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 Two Thousand Eight Hundred Dollars
($2,800.00) must accompany each sealed bid. 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. The deposit of the successful bidder will be applied as part of
the purchase price against timber cut on this unit only, or retained as
liquidated damages if the bidder shall not execute the contract and
furnish satisfactory bond within thrity (30) days from acceptance of his
bid. The value of the bond will be Five Thousand Dollars ($5,000.00).
The contract will specify that all designated timber shall be cut and
removed from the unit by 640630, 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. The
contract shall also specify that the purchaser will leave the boundaries
and corners of the sale area well marked at the completion of the
contract. The contract will provide further that in the event trust or
other restrictions are removed from the allotment, or any fractional
part thereof, subsequent to the execution of the contract, the purchaser
will make direct payment for timber cut, less fees for administrative
expenses, to the owner (or owners) of the unrestricted interests. Fees
for administrative expenses will continue to be made directly to the
Bureau of Indian Affairs. An advance payment of fifteen (15) percent of
the purchase price of the timber on the allotment must be made within
thirty (30) days of approval of the contract.
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.
Dated this day of, 1963, at Portland, Oregon. Area Director.
ABSTRACT of proposals received at Hoquiam, Washington 640114 for the
Sale of Timber, Agnes Major Logging Unit, Quinault Reservation, Wash.
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 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.
George M. Felshaw Superintendent
MAILING LIST - AGNES MAJOR LOGGING UNIT
1. Aberdeen Alders, Inc. Box 16, Aberdeen, Washington
2. Aloha Lumber Corporation Aloha, Washington
3. G. T. Anderson 601 West Cushing, Aberdeen, Washington
4. Glenn Anderson Box 56, Smith River, California
5. Anderson & Middleton Log. Co. Box 80, Aberdeen, Washington
6. John Andrews Route 3, Box 68, Hoquiam, Wash.
7. Norman Barnes & Co., Inc. 413 Norton Building, Seattle 4, Wash.
8. Raymond Beach 137 Lake Vista Avenue, Westlake, Daly City,
California
9. Bell Logging Company 617 Hill Road, Aberdeen, Wash.
10. George H. Bertrand Clearwater, Washington
11. Ted Bialkoski Route 1, Box 594, Montesano, Wash.
12. E. K. Bishop Lbr. Co. Aberdeen, Washington
13. Blagen Tbr. Co. Box 240, Hoquiam, Wash.
14. L. H. Bradshaw Napavine, Wash.
15. Bridge Bros. Box 115, Hamilton, Wash.
16. Don Brotherson Route 2, Box 220, Centralia, Wash.
17. Buchanan Lbr. Co. P. O. Box 396, Olympia, Wash.
18. Bob Carl Clearwater, Wash.
19. D. J. Caulkins Log. Co. Box 21, Forks, Wash.
20. Gene Coates Forks, Wash.
21. Howard Conkle 2646 34th West, Seattle, Wash.
22. George Coultas Box 307, Winslow, Bainbridge Island, Wash.
23. Davidson Log. Co. Box 1355, Ketchikan, Alaska
24. Floyd Dickinson 420 East 1st, Port Angeles, Wash.
25. Dickman Lbr. Co. 2423zu Ruston Way, Tacoma, Wash.
26. Domrude Log. Co. Box 272, Skykomish, Wash.
27. D. L. Dullenty 5 "A" Street, NE, Auburn, Wash.
28. Durham Log. Co. 3114 Pacific Avenue, Hoquiam, Wash.
29. Elma Ply. Corp. Box 275, Elma, Wash.
30. Esses Log. Co. Amanda Park, Wash.
31. Everett Ply. & Door Box 909, Everett, Wash.
32. Forbes Log. Co. Route 2, Box 101, Amanda Park, Wash.
33. Fox Log. Co. 1005 West 5th, Port Angeles, Wash.
34. Frontier Log. Co. Box 187, Forks, Wash.
35. Ralph Graham Route 3, Box 241, Hoquiam, Wash.
36. Patrick Gray 1424 SE 53rd St., Portland 15, Ore.
37. Grays Harbor Veneer Box 239, Hoquiam, Wash.
38. John J. Gwin Route 1, Box 126, Hoquiam, Wash.
39. Harbor Ply. Corp. Box 940, Aberdeen, Wash.
40. George Hawks, Huffman Motors 123 East 1st, Aberdeen, Wash.
41. F. R. Henry Log. Co., Box 357, Forks, Wash.
42. Hoquiam Ply. Corp. Hoquiam, Wash.
43. Don Holland 1511 Bay Avenue, Hoquiam, Wash.
44. Thomas W. Ilstad 1520 Initial, Enumclaw, Wash.
45. John Impola 83 Columbia Street, Seattle, Wash.
46. International Paper Co. Woodlands Dept., Longview, Wash.
47. Harvey Johnson Box 787, Castle Rock, Wash.
48. Stanley Johnson Route 1, Box 232, Oakville, Wash.
49. Walter Kandoll Banfield, B. C., Canada
50. Wendell Keene Aberdeen World, Aberdeen, Wash.
51. Vincent C. Kretz 3617 74th, Mercer Island, Washington
52. Latimer & Sons, Inc. Box 427, Woodlawn, Wash.
53. L.B.N. Logging Co., Inc. Route 1, Box 29, Montesano, Wash.
54. Kingsley Lbr. Co., Box 6215, Linnton Station, Portland 10, Ore.
55. Bud Kuhn Route 3, Mount Vernon, Wash.
56. Lamb & Sons Log. Co. Box 566, Forks, Wash.
57. Eugene Lindner Route 4, Box 67, Snohomish, Wash.
68. Littlerock Lbr. Co. Littlerock, Wash.
59. M & D Tbr. Co. Sol. Duc Hot Springs, Port Angeles, Wash.
60. Manes Log. Co. Clallam Bay, Wash.
61. George Martinson 1912 West 6th, Aberdeen, Wash.
62. Mayr Bros. Log. Co. Route 3, Box 508, Hoquiam, Wash.
63. McDonald Log. Co. Box 37, Amanda Park, Wash.
64. Arthur R. McKay 1324 Belaire, Aberdeen, Wash.
65. Daniel F. McLeod 18770 Avenue 231/2, Chowchilla, Calif.
66. Merrill & Ring - West. Lbr. Co. Port Angeles, Wash.
67. E. C. Miller Cedar Co. Box 1080, Aberdeen, Wash.
68. W. H. Miller 12007 N.E. Fargo Court, Portland 20, Ore.
69. Morrison Log. Co. Box 1019, Aberdeen, Wash.
70. S. A. Newman Forest Engineers, Box 156, Everett, Wash.
71. Pacific Lbr. & Shipping Co. 620 Washington Bldg., Seattle,
Wash.
72. Parrino Bros. Route 2, Box 207, Enumclaw, Wash.
73. Arne J. Peterson 112 Colorado, Box 115, Longview, Wash.
75. Robert Plant Humptulips, Wash.
76. Pope & Talbot, Inc. Port Gamble, Wash.
77. Walter Plumb Copalis Beach, Wash.
78. Puget Sound Ply. Corp. 230 East F Street, Tacoma, Wash.
79. Puget Sound Plup & Tbr. Co. Bellingham, Wash.
80. Rayonier Inc. Box 539, Hoquiam, Wash.
81. George M. Rogers 1009 State St., Raymond, Wash.
82. Robert L. Rogers Route 3, Box 274, Olympia, Wash.
83. Fred Root Box 698, Hoquiam, Wash.
84. Stanwood Lbr. Co. Stanwood, Wash.
85. S & M Lbr. Co. Route 2, Box 915, Oregon City, Ore.
86. Scott Paper Co. Everett, Wash.
87. Seaboard Lbr. Co. Box 1947, Seattle 11, Wash.
88. Calvin Siddle Box 21, La Conner, Wash.
89. Francis Smith 1920 Pacific Avenue, Aberden, Wash.
90. Tom Spradlin 645 Chenault, Hoquiam, Wash.
91. St Regis Paper Co. 1216 St. Paul Avenue, Tacoma 2, Wash.
92. Perry Stoner Route 2, Box 376, Shelton, Wash.
93. Tacoma Narrows Lbr. Inc. Box 176, Stilacoom, Wash.
94. Taylor Bros. Log. Co. 3114 Pacific, Hoquiam, Wash.
95. Thomas Lbr. Co. Klamath Falls, Ore.
96. R. J. Ultian Remfg. Co. Box 305, Aberdeen, Wash.
97. Valley Eight Lgo. Co. Deep River, Ore.
98. Clarence Vanderjack 3700 SW Upper Drive, Lake Oswego, Ore.
99. Bill Wampler Box 134, Chiloquin, Ore.
100. Bill Wells Box 12, Silverdale, Wash.
101. Jim W. Wells Log. Co. Route 3, Box 1160, Hoquiam, Wash.
102. West Coast Ply. Corp. Box 1180, Aberdeen, Wash.
103. West Tacoma Newsprint Box 8, Stielacoom, Wash.
105. Western Forest Ind. Assn. 2319 Lloyd Center, Portland 12, Ore.
105. Western Lbr. Co. Box 240, Aberdeen, Wash.
106. Weyerhaeuser Co. Box 1645 Tacoma, Wash.
107. Dan Williams, Tbr. Div., Evans Harbor Products Box 1036,
Aberdeen, Wash.
108. Williamson Log. Co. Route 2, Box 890, Hoquiam, Wash.
109. Wilson & Sutton 8305 Lewis River Road, Ariel, Wash.
110. Womer Bros. Log. Co. Amanda Park, Wash.
111. K. B. Wood & Assoc., Inc. 601 Dekum Bldg., Portland 4, Ore.
112. Roy York 1232 Railroad, Shelton, Wash.
113. Joe Zedrick 1109 East Wishkah St., Aberdeen, Wash.
114. Mrs. W. A. Fuller Queets Motel, Clearwater, Wash.
115. George Kron Route 1, Box 564, Montesano, Wash.
116. Ford & Mundy Log. Co. Forks, Wash.
117. O. C. House Route 1, Box 329, Elma, Wash.
118. Danield Cedar Products, Inc. 110=Bishop St., Aberdeen, Wah.
119. William Ellard 701 Simpson Avenue, Emerson Hotel, Hoquiam,
Wash.
120. Marenakos Log. Co., Inc. Morton, Wash.
121. Washington Plp. & Tbr. Co. Box 712, Copalis Crossing, Wash.
POST OFFICES AT: Aberdeen, Aloha, Amanda Park, Centralis, Chehalis,
Clalam Bay, Copalis Beach, Copalis Crossing, Elma, Forks, Hoquiam,
McCleary, Montesano, Neah Bay, Olympia, Pacific Beach, PortAngeles, Port
Townsend, Quilcene, Sequim, Shelton, Tacoma, Taholah, Coulee Dam,
Washington
OTHER AGENCIES: Colville, Warm Springs, Northern Idaho and Yakima
5-498 (681000)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PROPOSAL
For the purchase of timber on the Quinault Indian Reservation. Bids
to be opened at the office of the Bureau of Indian Affairs, Hoquiam,
Washington at 2:00 o'clock P.M. on the 640114 640114
To: Superintendent, Western Washington Agency Hoquiam, Washington
SIR:
In response to the notice of sale of timber to be cut from a part of
the Quinault Indian Reservation in Grays Harbor County published in the
Aberdeen Daily World and by circular letter State of Washington, a copy
of which notice is attached hereto, we hereby bid for the timber
advertised as follows:
Table not keyed, see original
We remit herewith a certified check in the amount of Three Thousand
One Hundred dollars and no cents ($3,100.00) on the National Bank of
Commerce Bank of Montesano, Washington, drawn in favor of the Bureau of
Indian Affairs, as required by the notice of sale, and agree that if our
bid is accepted and we shall fail to fulfil our agreement in accordance
with the regulations governing the sale, then the amount of this check
shall be retained as liquidated damages for the use and benefit of the
allotted Quinault Indians. It is understood that if our bid is rejected
the check will be returned.
Respectfully,
ESSES LOGGING COMPANY, INC.
(ILLEGIBLE)
By: Vic Hsses, Pres.
(SEE INSTRUCTIONS ON REVERSED SIDE)
INSTRUCTIONS
Enclose this proposal in duplicate in a sealed envelope addressed as
required by the notice of sale, and plainly mark on the outside of the
envelope "Proposal for timber, to be opened , 19."
If the proposal is made by individuals, acting neither as a firm nor
as a corporation, each must sign.
If the proposal is made by a copartnership, the signature must
consist of the name of the firm followed by the signature of each of the
members of the firm.
If the proposal is made by a copration, the signature should consist
of the name of the corporation followed by the name of the proper
officer or officers, as required by the laws of the corporation.
HEL-009-0392-0410
HEL-009-0392-0410
COMM DOI BIA AREA DIR SUPT
000000
CORRESPONDENCE
BR OF FORESTRY PORTL
RECEIVED
580306
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.
FROM Branch of Forestry Portland Area Office
FILE REFERENCE: 330
SUBJECT Attached is copy of Timber Contract 14-20-0510-247, sale of
timber Agnes Major Allotment, Quinault Indian Reservation.
HEL-009-0411-0411
HEL-009-0411-0465
COMM DOI BIA AREA DIR SUPT
640310
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED
640316
Form 5-388 530700 45136
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Regular Mail
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry
DATE: 640310
SUBJECT Attached is copy of letter dated 640302, from Asst, Forest
Manager, Don W. Clark to purchaser Agnes Major Logging Unit. Quinault
Reservation.
HEL-009-0412-0412
HEL-009-0411-0465
COMM DOI BIA AREA DIR SUPT
640302
CORRESPONDENCE
CLARK, D W W WASH AGENCY
Forestry-339.5
Agnes Major Unit
Field Service
Western Washington Agency Hoquiam Sub-Agency Hoquiam, Washington
640302
Essex Logging Company, Inc. Amanda Park, Washington
Gentlemen:
Attached is the purchaser's copy of Contract No. 14-20-0510-247, bond
and other appurtenant documents, covering the sale of timber from the
Agnes Major Logging Unit, Quinault Reservation. The contract was
approved by R. D. Holtz, Area Director, on 640225.
According to the terms of the advertisement, an advance payment of
15% of the purchase price must be made within 30 days of approval of the
contract, or in any event before cutting begins. Your remittance, in
the amount of $4,664.01, must reach our office not later than 640325.
Scaling points to be used for logs from this sale must be approved in
advance of use. Please notify our office as soon as these points are
determined. We would appreciate it if you would also notify us of the
brand you intend to use for logs to be removed from this sale unit.
Sincerely yours,
Sgd. Don W. Clark
Assistant Forest Manager
Enclosure
cc - Surety w/copy contract
PAO, Br. of Forestry (2)
Copy to W. O. via buck slip 640310
RECEIVED 640306
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Allotment
Contract No. 14-20-0510-247
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Agnes Major 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 the
heirs of Agnes Major, Quinault Allottee #337 hereinafter called the
Seller, as represented by the Superintendent of the Western Washington
Indian Agency and Esses Logging Company, Inc. 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 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 650630.
6. Unit Description. This unit is located in S1/2NE1/4 Section 27,
Township 24 North, Range 13 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 construed 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 $3,000.00.
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
NOTE: Remove this page if stumpage adjustment provisions are
inserted.
Form 5-611
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
All trees shall be utilized to as small a top diameter as
practicable. The 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 determined after considering ownership.
13. Cutting Schedule.
(a) Minimum Annual Cut. The Purchaser shall cut and pay for not less
than Not applicable during the Calendar year 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 Not applicable.
14. Volume Determination.
(a) Designated Timber. Logs cut under this contract shall be sealed
by established Scaling and Grading Bureaus acceptable to the Approving
Officer, in accordance with official log scaling and grading rules
effective 620301, a copy of which is on file in the office of the
Approving Officer. Scaling by the Scaling Bureaus 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
to timber covered by this contract until approved by the Approving
Officer.
NOTE: Italic type to be deleted if inapplicable.
Form 5-611
14. Volume Determination (Cont.)
(b) Scaling of Logs. In lieu of scaling procedures stipulated in
Section 7(c) of the Standard Provisions, 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.
Table not keyed see original
(c) Indian Bureau Scaling. When the contract provides for scaling by
the Scaling and Grading Bureaus, Section 7(a) of the Standard Provisions
shall not apply as long as the Scaling Agreement is in effect, but that
the Indian Bureau reserves the right to scale and waste scale at any
time it believes it to be necessary.
(d) 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.
(e) Scale Reports. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(f) 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 portion of the truck receipt shall
be retained by the Purchaser and turned in to the Officer in Charge as
he shall direct. The ticket portion of the receipt 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
is delivered and to collect and mail said receipts to the Officer in
Charge.
Portland Area; Western Washington
Insert to Form 5-611, Contract No. 14-20-0510-247
14. Volume Determination (Cont.)
(g) 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.
(h) Bureau Scaling. All scaling of logs by the Grays Harbor Log
Scaling and Grading Bureau shall be in accordance with the Scaling
Agreement between the Bureau of Indian Affairs and the Grays Harbor Log
Scaling and Grading Bureau, a copy of which is on file at the Hoquiam
Sub-Agency Offices of the Western Washington Indian Agency, Hoquiam,
Washington. The Scaling Agreement may be terminated by either party at
any time after 90 days written notice to the other party, provided the
commitments made prior to termination shall be fulfilled. The following
general conditions shall apply to Scaling Bureau scaling:
(1) The purchaser shall make arrangements for scaling services with
the Grays Harbor Log Scaling and Grading Bureau and shall pay for
stumpage cut on the Agnes Major Logging Unit, Quinault Indian
Reservation on the basis of the log scale as determined by the Scaling
Bureau.
(2) Payment for scaling services to the Scaling Bureau shall be made
by the purchaser, and the Bureau of Indian Affairs assumes no
responsibility in this regard.
(3) The purchaser shall brand, with a State registered brand, all
logs as directed by the Forest Officer in Charge. A log brand assigned
to logs from any Bureau of Indian Affairs sale area shall not be used on
logs from any other sale area until approved by the Officer in Charge.
(4) The purchaser shall furnish the Bureau of Indian Affairs an
imprint of the brand in advance of use.
(5) The purchaser shall deliver all logs from the sale area to points
of scaling acceptable to the Scaling Bureau and approved in writing by
the Superintendent or his authorized representative. Changes in scaling
points must be approved by the Bureau of Indian Affairs in advance of
making the change.
Portland Area; Western Washington
Insert to Form 5-611, Contract No. 14-20-0510-247
(6) The Bureau of Indian Affairs will check scale Indian timber at
intervals to be determined by the Superintendent or his authorized
representative, and in the event such check scales show a variance in
volume of +(-) five (5) percent, the Bureau of Indian Affairs will
request the Scaling Bureau to make a re-scale. In the event the Scaling
Bureau deems it necessary to demand renumeration for the cost of making
re-scales, the purchaser agrees to pay to the Scaling Bureau the cost of
such services. The purchaser agrees to cooperate with the Bureau of
Indian Affairs in providing conditions satisfactory to making check
scales.
Insert to Form 5-611, Contract No. 14-20-0510-247
Portland Area; Western Washington
(7) Additional Timber.
None
15. Slash and Snag Disposal.
Slash. Section 9(a) and 9(b) of the Standard Provisions shall not
apply.
Snag. See Section 9(c) of the Standard Provisions. In addition, any
non-merchantable partially dead tree, meeting the diameter and height
specifications of Section 9(c) that creates a fire hazard, shall also be
felled.
16. Road Construction and Maintenance.
See Section 10 of the Standard Provisions.
Form 5-611
17. Performance Bond. The Purchaser delivers herewith and agrees to
maintain a bond satisfactory to the Approving Officer in the sum of
$5,000.00 conditioned upon the faithful performance of all the terms if
this contract.
18. Special Provisions.
(a) The purchaser will be required to relocate and mark allotment
corners and ownership lines. Bureau of Indian Affairs personnel 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
Provisions, 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.
TO MY PERSONAL KNOWLEDGE, VIC ESSES AND VICTOR P. ESSES IS ONE AND
THE SAME PERSON, AND PERSONALLY SIGNED THE SEVERAL DOCUMENTS INVOLVED IN
THE EXECUTION OF CONTRACT NO. 14-20-0510-247.
Dated: 640219
Don W. Clark Don W. Clark Assistant Forest Manager
19. Effective Date. This contract shall become effective on the
date of approval by the Approving Officer.
Signed and Sealed in sextuplet as of 640117.
PURCHASER
Witnesses:
Alice L. Esses ILLEGIBLE A. G. Jackson Rt #1 Humptulyes
ESSES LOGGING COMPANY, INC.
By Vic Esses, Pres.
SELLER
(Sgd.) George M. Felshaw
Signed for the pursuant to Resolution No. passed by its tribal
governing body in a meeting held at, on,
Name
Title
Name
Title
APPROVING OFFICER
Approved:
Name (Sgd.) R. D. Holtz Title Area Director
If Purchaser is a corporation, the following certificate must be
executed:
I, Isabelle Esses, certify that I am the elected Secretary of the
corporation named as the Purchaser herein; that C. W. Esses 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.
Isabelle Esses CORPORATE SALE
Form 5-611
Form 5-610 600300
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 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 lost, 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, or 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 though 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. Complaint 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.
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.
Payments and deposits shall be by check or postal money order, drawn
payable to the Bureau of Indian Affairs, or in cash, and 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 required in all sales of allotment timber unless the full
purchase price is paid before the contract is approved, unless otherwise
specified in contracts in which the cutting period does not exceed 1
year. 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 increase the maximum annual cut or extend the contract or both,
subject to such conditions as he deems most equitable to both parties.
When the contract specifies that timber will be designated for cutting
by placing a distinctive mark on each tree to be cut, the Bureau of
Indian Affairs is not obligated to complete the marking of each tree to
be cut prior to adjustment of the contract under the authority of this
paragraph.
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:
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 two-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 whcih 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 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 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 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
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. The requirements of this section shall
apply unless otherwise specified in the contract. 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.
ORAL AUCTION SALE OF TIMBER
QUINAULT INDIAN RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Agnes Major Logging Unit", addressed to the
Superintendent, Western Washington Indian Sub-Agency, Hoquiam,
Washington, will be received until 1:30 p.m., Pacific Standard Time,
640114, and will be considered the equivalent of oral auction bids and
posted for the information of all bidders. Oral auction bids will be
received by the Superintendent, Western Washington Indian Agency, or his
authorized representative at the Hoquiam City Hall Building, Hoquiam,
Washington, beginning at 2:00 p.m., Pacific Standard Time, 640114, for
the purchase of timber on a tract within the Quinault Indian Reservation
designated as the "Agnes Major Logging Unit", more specifically
described as the Agnes Major allotment No. 337, described as the
S1/2NE1/4 Section 27, Township 24 North, Range 13 West, Willamette
Meridian, Washington, containing 80 acres. Oral auction bidding will be
restricted to those who have previously submitted and acceptable sealed
bid in accordance with this notice. The unit contains an estimated
stand to be cut of approximately 2,194,000 board feet of western
redcedar, 307,000 board feet of Sitka spruce and 477,000 board feet of
western hemlock and other species, which estimates are not guaranteed.
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 $9.45 per M feet, B.M. for western redcedar,
$15.35 per M feet, B.M., for Sitka spruce and $11.15 per M feet, B.M.,
for western hemlock and other species. 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 writting on a Bureau of Indian Affairs
bid form. 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 Three
Thousand One Hundred Dollars ($3,100.00) must accompany each sealed bid.
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. The deposit of the successful
bidder will be applied as part of the purchase price against timber cut
on this unit only, or retained as liquidated damages if the bidder shall
not execute the contract and furnish satisfactory bond within thirty
(30) days from acceptance of his bid. The value of the bond will be
Five Thousand Dollars ($5,000.00). The contract will specify that all
designated timber shall be cut and removed from the unit by 650630, 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. The contract shall also specify that the
purchaser will leave the boundaries and corners of the sale area well
marked at the completion of the contract The contract will provide
further that in the event trust or other restrictions are removed from
the allotment, or any fractional part thereof, subsequent to the
execution of the contract, the purchaser will make direct payment for
timber cut, less fees for administrative expenses, to the owner (or
owners) of the unrestricted interests. Fees for administrative expenses
will continue to be made directly to the Bureau of Indian Affairs. An
advance payment of fifteen (15) percent of the purchase price of the
timber on the allotment must be made within thirty (30) days of approval
of the contract. 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 98550, or the Area Director, Bureau
of Indian Affairs, Portland Area Office, P. O. Box 3785, Portland,
Oregon 97208. Dated this 631213, at Portland, Oregon. H. L. Moore,
Acting Area Director.
Map not Keyed, see Original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION WASHINGTON 560100
Map not keyed see original
TO BE EXECUTED IN SEXTUPLET
5-488
(611100)
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
BOND
KNOW ALL MEN BY THESE PRESENTS, That we, Esses Logging Company, Inc.
of Amenda Park, State of Washington, a corporation organized and
existing under the laws of the State of Washington, having an office and
principal place of business at Amanda Park in the State of Washington,
as principal, and and , or State of (or FIDELITY AND DEPOSIT COMPANY OF
MARYLAND a corporation organized and existing under the laws of the
State of Maryland, having its principal office at Baltimore), as surety,
are held and firmly bound unto the United States of America in the penal
sum of Five Thousand and no/100 dollars ($5,000.00), 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 640207
The condition of this obligation is such that-
WHEREAS, Esses Logging Company, Inc. principal herein, did on the
640114 propose to purchase, at the rate of Nine and 60/100 dollars
($9.60), per M feet, BM, for western redcedar; Fifteen and 35/100
dollars ($15.35) per M feet, B.M. for Sitka spruce; and Eleven and
15/100 dollars ($11.15) per M feet, B.M. for western hemlock and other
species on certain lands within the Quinault Indian Reservation in
Jefferson County, described as follows, to wit: S1/2NE1/2 Section 27,
Township 24 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 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 640117 duly accept said
proposal, and the proposal and acceptance were thereupon reduced to a
written contract.
NOW, THEREFORE, if the above-bounden Esses Logging 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
640202
(CORPORATION SEAL (OF PRINCIPAL) IF CORPORATION)
(ILLEGIBLE)
(Signature of president, if principal is corporation)
Attest:
Isobelle Esses
Secretary.
TWO WITNESSES REQUIRED TO SIGNATURE OF EACH PRINCIPAL AND SURETY.
PRINCIPALS AND SURETIES SIGN AND AFFIX SEALS
WITNESSES:
Alice Esses Amanda Park, Washington
(ILLEGIBLE) Montesano, Washington (P.O. address)
ESSES LOGGING COMPANY, INC.
(ILLEGIBLE) (SEAL)
(Signature of purchaser) (See note) Amanda Park, Washington
(P.O. address)
WITNESSES:
Alice Esses Amanda Park, Washington
(ILLEGIBLE) Montesano, Washington
(P.O. address)
ESSES LOGGING COMPANY, INC.
(ILLEGIBLE) (SEAL)
(Signature of purchaser) (see note) Amanda Park, Washington
(P.O. address)
(CORPORATE SEAL) (OF SURETY,) (IF CORPORATION)
Attest:
(ILLEGIBLE)
Secretary
DEPARTMENT OF THE INTERIOR, 640225
APPROVED:
(Sgd) R. D. HOLTZ Approving officer.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By (ILLEGIBLE)
GUERTIN CARROLL Attorney in Fact DEXTER HORTON BLDG. SEATTLE, WASH.
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.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND, a corporation of the State of Maryland, by WM. H.
C. GRIFFITH, Vice-President, and M. A. KELLY Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By-Laws
of said Company, which reads as follows:
"The President, or any one of the Executive Vice-Presidents, or any
one of the additional Vice-President specially authorized so to do by
the Board of Directors or by the Executive Committee, shall have power,
by and with the concurrence of the Secretary or any one of the
Assistance Secretaries, to appoint Resident Vice-Presidents, Resident
Assistant Secretaries and Attorneys-in-Fact as the business of the
Company may require, or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings, recognizances,
stipulations, policies, contracts, agreements, deeds, and releases and
assignments of judgments, decrees, mortgages and instruments in the
nature of mortgages, and also all other instruments and documents which
the business of the Company may require, and to affix seal of the
Company thereto." does hereby nominate, constitute and appoint Guertin
Carroll, of Seattle, Washington its true and lawful agent and Attorney
in Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings And
the execution of such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Company, as fully and amply, to
all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the Company at its
office in Baltimore, Maryland, in their own proper persons. This power
of attorney revokes that issued on behalf of Guertin Carroll, dated
470703.
The said Assistant Secretary does hereby certify that the aforegoing
is a true copy of Article VI, Section 2, of the By-Laws of said Company,
and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary
have hereunto subscribed their names and affixed the Corporate Seal of
the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 550502
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(SIGNED) M. A. KELLY BY WM. H. C. GRIFFITH
(SEAL) Assistant Secretary Vice-President
STATE OF MARYLAND
CITY OF BALTIMORE
On this 550502, A.D. before the subscriber, a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned
and qualified, came the above named Vice-president and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me
personally known to be the individuals of officers described in and who
executed the preceding instrument, and they each acknowledged the
execution of the same, and being by me duly sworn, severally and each
for himself deposeth and saith, that they are the said officers of the
Company oforesaid, and that the seal affixed to the preceding instrument
is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed
to the said instrument by the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
Official Seal, at the City of Baltimore, the day and year first above
written.
(SIGNED) DOLORES DEMMA
(SEAL) Notary Public Commission Expires 570506 EMIL F. KRUEGER
CERTIFICATE
I, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND, do hereby certify that the attached Power of Attorney dated
550502, in behalf of Guertin Carroll of Seattle, Washington is a true
and correct copy and that same has been in full force and effect since
the date thereof and is in full force and effect on the date of this
certificate; and I do further certify that the said WM. H. C. GRIFFITH
and M. A. KELLY, who executed the attached Power of Attorney as
Vice-President and Assistant Secretary respectively, were on the date of
the execution of the attached Power of Attorney the duly elected
Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND, and that the said WM. H. C. GRIFFITH was one of the
additional Vice-President specially authorized by the Board of Directors
to appoint any Attorney in Fact or to authorize any person or persons to
execute on behalf of the Company any bonds, recognizances, stipulations,
undertakings, deeds releases of mortgages, contracts, agreements and
policies, and to affix the seal of the Company thereto as provided in
said Article VI, Section 2 of the By-Laws of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed
the corporate seal of the said Company, this 640207
Erwin F Krueger
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: S1/4NE1/4 Section 27,
Township 24 North, Range 13 West, Willamette Meridian, Washington the
same being the allotment of Agnes Major Quinault allottee No. 337, 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 $6.20 per M feet, B.M. for Western redcedar, $13.25 per M
feet, B.M. for Sitka spruce and $11.00 per M feet, B.M. 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 of 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 Seattle, Washington
Date 611003,
Witnesses: ILLEGIBLE LINE Assistant Trust Officer
THE NATIONAL BANK OF COMMERCE OF SEATTLE GUARDIAN OF THE ESTATE OF
WEAVER MAJOR, ILLEGIBLE LINE Trust Officer Weaver Major All
Filed Grays Harbor Co. Wash. 610726 ILLEGIBLE LINE ILLEGIBLE LINE
APPROVED AS TO FORM AND FILED 610601
VICTOR A. MEYERS SECRETARY OF STATE BY Elizabeth Coffurm SUPERVISOR
OF CORPORATION
ARTICLES OF INCORPORATION OF ESSES LOGGING CO. INC.
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Victor P.
Esses, Alice L. Esses, Clarence L. Esses and Isabelle F. Esses, each of
whom is a citizen of the United States of America and a resident of the
State of Washington, have associated themselves together for the purpose
of forming a corporation under the laws of the State of Washington, and
in pursuance thereof do hereby sign and acknowledge the following
Articles of Incorporation, in triplicate originals, and state as
follows:
ARTICLE I
The name of the corporation shall be ESSES LOGGING CO. INC.
ARTICLE II
The general nature of the business of the corporation and the objects
and purposes proposed to be transacted, promoted and carried on by it,
are as follows:
1. To engage in a general logging and lumber business, including the
cutting of timber, milling and allied interest together with the
building of such logging roads and other things necessary in the full
and complete operation thereof.
2. To purchase or otherwise acquire, so far as permitted by law, the
whole or any part of the undertaking and business of any firm, person or
corporation engaged in the business of the same general character as
that for which this corporation is organized, and the property and
liabilities, including the good will, assets and stock in trade thereof,
and to pay for the same either in cash or in shares, or party in cash
and partly in shares.
3. To the same extent as natural persons might or could do, to
purchase or otherwise acquire, and to hold, maintain, work, develop,
sell, lease, exchange, hire, convey, mortgage, or otherwise dispose of
and deal in, lands, leaseholds, and any other interest, estate and
rights in real property and any personal or mixed property, and any
franchises, rights, business or privileges necessary, convenient and
appropriate for any of the purposes herein expressed.
4. To acquire by purchase, subscription, or otherwise, and to hold
for investment or otherwise, and to use, sell, assign, transfer,
mortgage, pledge, or otherwise, deal with or dispose of stocks, bonds,
or any obligations or securities of any corporation or corporations;
and to merge or consolidate with any corporation in such manner as may
be provided by law.
5. To borrow money, and to make and issue notes, bonds, debentures,
obligations and evidences of indebtedness of all kinds, whether secured
by mortgage, pledge or otherwise, without limit as to amount, except as
may be prohibited by statute, and to secure the same by mortgage, pledge
or otherwise, and generally to make and perform agreements and contracts
of every kind and description.
6. To do all and everything necessary, suitable and proper for the
accomplishment of any of the purposes, or the attainment of any of the
objects, or the furtherance of any of the powers hereinabove set forth,
either alone of in association with other corporations, firms or
individuals and to do every act or acts, thing or things, incidental or
appurtenant to or growing out of or connected with the aforesaid
business or powers, or any part or parts thereof, PROVIDED, the same be
not inconsistent with the laws under which this corporation is
organized.
7. To conduct and carry on its business, or any part thereof, and to
have one or more offices, and to exercise all or any of its corporate
powers and rights in the State of Washington.
ARTICLE III.
The corporation is to have perpetual existence.
ARTICLE IV.
The registered office of the corporation is to be located at Amanda
Park, Grays Harbor County, Washington.
ARTICLE V.
The authorized capital stock of the corporation shall be One Hundred
Thousand Dollars ($100,000.00) consisting of One Thousand Shares (1000)
of common stock having a par value of One Hundred Dollars ($100.00)
each.
ARTICLE VI.
The amount of paid-in capital with which this corporation will begin
business is the sum of Five Hundred Dollars ($500.00).
ARTICLE VII.
The management of this corporation shall be vested in the Board of
Directors: The number of directors shall not be less than three (3) nor
more than nine (9); and the number, qualifications, terms of office,
manner of election, time and place of meeting, and powers and duties of
the directors shall be such as are prescribed by the By-Laws of the
corporation.
ARTICLE VIII.
The authority to make By-Laws for the corporation is hereby expressly
vested in the Board of Directors of this corporation, subject to the
power of the shareholders to change or repeal such By-Laws. The Board
of Directors shall not make or alter any By-Laws fixing their
qualifications, classifications, therms of office or compensation.
ARTICLE IX
The corporation reserves the right to amend, alter, change or repeal
any provisions contained in these Articles of Incorporation in the
manner now or hereafter prescribed by statute, and all rights conformed
on the stockholers herein are granted subject to this reservation.
ARTICLE X
The names and post office addresses of the directors who shall first
manage the affairs of the corporation until the first annual meeting of
the stockholders, are as follows:
Victor P. Esses, Amanda Park, Washington, Alice L. Esses, Amanda
Park, Washington, Clarence L. Esses, Amanda Park, Washington, Isabelle
F. Esses, Amanda Park, Washington.
ARTICLE XI
The name and post office addresses of each of the incorporators of
the corporation and the number of shares subscribed by each is as
follows;
Table not keyed see original
IN WITNESS WHEREOF, the incorporaters have hereunto set their hands
and seals this 610525.
Victor P. Esses
Alice L. Esses
Clarence L. Esses
Isabelle F. Esses
STATE OF WASHINGTON)
ss.
GRAYS HARBOR COUNTY)
This is to certify that on this 610525, there appeared personally
before me VICTOR P. ESSES, ALICE L. ESSES, CLARENCE L. ESSES AND
ISABELLE F. ESSES, to me personally known to be the persons described in
and who executed the foregoing Article of Incorporation, and they and
each of them did acknowledge and declare to me that he/she executed the
same freely and voluntarily for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and offer seat, the
day and year first above written.
(ILLEGIBLE) NOTARY PUBLIC in and for of Washington, residing at
BY LAWS OF ESSES LOGGING CO. INC.
ARTICLE I Stockholders' Meeting.
The annual meeting of the stockholders shall be held at the principal
office of the corporation at Amanda Park, Wash., on the 1st day of July
of each year, unless said day shall be a legal holiday, then the meeting
shall be held on the next succeeding business day.
Notice of said meeting shall be mailed to each stockholder of record
at least ten (10) days prior to said annual meeting.
Special meetings of the stockholders shall be held at such times as
may be called by the president or by any two stockholders. Notice of
special meeting shall be mailed at least five (5) days prior to the date
set for such meeting.
Stockholders may in writing waive notice of said meetings at any
meeting held without notice when all stockholders are present in person
or by proxy, and such meeting shall be valid for all purposes.
A majority of stockholders entitled to vote shall constitute a quorum
for the transaction of business at the stockholders' meeting.
ARTICLE II Board of Directors.
The business of the corporation shall be conducted by a Board of
Directors, consisting of four (4) members, who shall be elected annually
by the stockholders entitled to vote at the annual meeting thereof and
shall hold office until their successors are elected and qualified.
Vacancies occuring in the Board of Directors shall be filled by a
majority of the Directors remaining, except as otherwise provided by
law.
The annual meeting of the Board of Directors shall be held
immediately following the annual meeting of the stockholders. Special
meetings of the Board of Directors shall be held when called by the
president or by any two directors.
Meetings of the Board of Directors shall be held at any place within
the State of Washington, designated by the Board of Directors.
A majority of the members of the Board shall constitute a quorum.
ARTICLE III Officers.
The officers of the corporation shall be president, vice president,
secretary and treasurer, who shall be elected by the Board of Directors
and shall hold their respective office until their successors are
elected and qualified. Any vacancies occuring at any office may be
filled by the Board of Directors. All officers may be removed by an
affirmative vote of a majority of the Board of Directors.
The president shall be the chief executive officer of the corporation
and shall perform such duties as may be assigned to him by the Board of
Directors.
The vice-president shall perform the duties of the office of
president in the absence or incapacity of the president.
The secretary shall keep the records and books of the corporation and
shall perform such other duties as may be required by law, or which may
be assigned to her from time to time by the Board of Directors.
The treasurer shall have charge of the funds of the corporation. She
shall keep full and accurate accounts of the receipts and disbursements
in books belonging to the corporation and shall deposit all moneys and
other valuable effects in the name and to the credit of the corporation
in such depositories as may be designated by the Board of Directors, and
shall disburse said funds only upon orders of the Board of Directors.
ARTICLE IV. - Stock.
Sec. 1. Certificates of stock, when the shares represented thereby
have been fully paid for, shall be issued to each shareholder,
evidencing the number of shares of stock held by him or her and the same
shall be signed by the president or vice-president and by the secretary
and the corporate seal shall be affixed thereto.
Sec. 2. Transfers of stock shall be made only on the books of the
corporation, and the old certificate properly endorsed shall be
surrendered and cancelled before a new certificate is issued. The Board
of Directors may fix a time not exceeding twenty (20) days preceeding
the date of any meeting of shareholders or the date fixed for the
payment of any dividend or distribution as a record date for the
determination of the shareholders entitled to notice of and to vote at
any such meeting or entitled to receive payment of any such dividend or
to the allotment or rights, and in such case only the shareholders of
record on the date so fixed shall be entitled to notice of and to vote
at such meeting, or to receive payment of such dividend or to the
allotment of rights, and notwithstanding any transfer of any shares on
the books of the corporation after any record date fixed as aforesaid,
the Board of Directors may close the books of the corporation against
transfers of shares during the whole or any part of such period.
Sec. 3. In the event of the loss or destruction of a certificate of
stock, no new certificate shall be issued in lieu thereof except upon
satisfactory proof to the Secretary of such loss or destruction, and
upon the giving of authority by bond or otherwise, satisfactory to the
secretary, against loss to the corporation. Any such new certificate
shall be plainly marked "Duplicate" upon its face.
Sec. 4. The persons in whose names the certificates of stock stand
upon the books of the corporation shall be the only ones entitled to
notice of shareholders' meetings, and such persons or their duly
authorized proxies shall be the only ones entitled to vote at any
shareholders' meeting.
ARTICLE V. Amendments.
These by-laws may be amended or repealed from time to time by the
affirmative vote of the majority of the capital stock entitled to vote.
Dated 610701.
Victor P Esses
Clarence L. Esses
Alice L. Esses
Isabelle F. Esses
At a Special meeting of the board of directors of the Esses Logging
Company the following resolution was adopted: "It is hereby resolved
that Victor P. Esses, the President of the Esses Logging Company, is
authorized to negotiate with the Bureau of Indian Affairs on all matters
concerning the Esses Logging Company and is also authorized to sign any
documents pertaining thereto".
640204
Corporate Seal
Attest
Victor P. Esses President
Isabelle Esses Secretary
ABSTRACT of proposals received at Hoquiam, Washington 640114 for the
Sale of Timber, Agnes Major Logging Unit, Quinault Reservation, Wash.
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 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.) George M. Felshaw Superintendent
MAILING LIST - AGNES MAJOR LOGGING UNIT
1. Aberdeen Alders, Inc. Box 16, Aberdeen, Washington
2. Aloha Lumber Corporation Aloha, Washington
3. G. T. Anderson 601 West Cushing, Aberdeen, Washington
4. Glenn Anderson Box 56, Smith River, California
5. Anderson & Middleton Log. Co. Box 80, Aberdeen, Washington
6. John Andrews Route 3, Box 68, Hoquiam, Wash.
7. Norman Barnes & Co., Inc. 413 Morton Building, Seattle 4, Wash.
8. Raymond Beach 137 Lake Vista Avenue, Westlake, Daly City,
California
9. Bell Logging Company 617 Hill Road, Aberdeen, Wash.
10. George H. Bertrand Clearwater, Washington
11. Ted Bialkoaki Route 1, Box 594, Monteseno, Wash.
12. K. K. Bishop Lbr. Co. Aberdeen, Washington
13. Biagen Tbr. Co. Box 240, Hoquiam, Wash.
14. L. H. Bradshaw Napavine, Wash.
15. Bridge Bros. Box 115, Hamilton, Wash.
16. Don Brotherson Route 2, Box 220, Centralia, Wash.
17. Buchanan Lbr. Co. P.O. Box 396, Olympia, Wash.
18. Bob Carl Clearwater, Wash.
19. D. J. Caulkina Log. Co. Box 21, Forks, Wash.
20. Gene Coates Forks, Wash.
21. Howard Conkie 2646 34th West, Seattle, Wash.
22. George Coultas Box 307, Winslow, Bainbridge Island, Wash.
23. Davidson Log. Co. Box 1355, Katchikan, Alaska
24. Floyd Dickinson 420 East 1st, Port Angeles, Wash.
25. Dickman Lbr. Co. 2423cu Ruston Way, Tacoma, Wash.
26. Dcurude Log. Co. Box 272, Skykomish, Wash.
27. D. L. Dullenty 5 "A" Street, NE, Auburn, Wash.
28. Durham Log. Co. 3114 Pacific Avenue, Hoquiam, Wash.
29. Elma Ply. Corp. Box 275, Elma, Wash.
30. Essee Log. Co. Amanda Park, Wash.
31. Everett Ply. & Doer Box 909, Everett, Wash.
32. Forbes Log. Co. Route 2, Box 101, Amanda Park, Wash.
33. Fox Log. Co. 1005 West 5th, Port Angeles, Wash.
34. Frontier Log. Co. Box 187, Forks, Wash.
35. Ralph Graham Route 3, Box 241, Hoquiam, Wash.
36. Patrick Gray 1424 SE 53rd St., Portland 15, Ora.
37. Grays Harber Veneer Box 239, Hoquiam, Wash.
38. John J. Guin Route 1, Box 126, Hoquiam, Wash.
39. Harber Ply. Corp. Box 940, Aberdeen, Wash.
40. George Hanks, Huffman Moters 123 East 1st, Aberdeen, Wash.
41. F. R. Henry Log. Co. Box 357, Forks, Wash.
42. Hoquiam Ply. Corp. Hoquiam, Wash.
43. Don Holland 1511 Bay Avenue, Hoquiam, Wash.
44. Thomas W. Ilsted 1520 Initial, Enunclav, Wash.
45. John Impola 83 Columbia Street, Seattle, Wash.
46. International Paper Co. Woodlands Dept., Longview, Wash.
47. Harvey Johnson Box 787, Castle Rock, Wash.
48. Stanley Johnson Route 1, Box 232, Oakville, Wash.
49. Walter Kandoll Stanfield, B. C., Canada
50. Wandall Keene Aberdeen World, Aberdeen, Wash.
51. Vincent C. Krata 3617 74th, Mercer Island, Washington
52. Latimer & Sons, Inc. Box 427, Woodlawn, Wash.
53. L.B.N. Logging Co., Inc. Route 1, Box 29, Montesano, Wash.
54. Kingsley Lbr. Co. Box 6215, Limton Station, Portland 10, Ors.
55. Bud Kuhn Route 3, Mount Vernon, Wash.
56. Lamb & Sons Log. Co. Box 566, Forks, Wash.
57. Eugene Lindner Route 4, Box 67, Snohomish, Wash.
58. Litterock Lbr. Co. Litterock, Wash.
59. M & D Tbr. Co. Sol.Duc Hot Springs, Port Angeles, Wash.
60. Manes Log. Co. Clallan Bay, Wash.
61. George Martinson 1912 West 6th, Aberdeen, Wash.
62. Mayr Bros. Log. Co. Route 3, Box 508, Hoquiam, Wash.
63. McDonald Log. Co. Box 37, Amanda Park, Wash.
64. Arthur R. McKay 1324 Belaire, Aberdeen, Wash.
65. Daniel F. McLeod 18770 Avenue 23 1/2, Chowchilla, Calif.
66. Merrill & Ring - West. Lbr. Co. Port Angeles, Wash.
67. K. C. Miller Cedar Co. Box 1080, Aberdeen, Wash.
68. W. H. Miller 12007 N.E. Fargo Court, Portland 20, Ors.
69. Morrison Log. Co. Box 1019, Aberdeen, Wash.
70. S. A. Newman Forest Engineers, Box 156, Everett, Wash.
71. Pacific Lbr. & Shipping Co. 620 Washington Bldg., Seattle,
Wash.
72. Parrino Bros. Route 2, Box 207, Enusclaw, Wash.
73. Arne J. Peterson 112 Colorado, Box 115, Longview, Wash.
74. Peninsula Ply. Corp. Box 311, Port Angeles, Wash.
75. Robert Plant Humptulipa, Wash.
76. Pope & Talbot, Inc. Port Gambla, Wash.
77. Walter Plumb Copalia Beach, Wash.
78. Puget Sound Ply. Corp. 230 East F Street, Tacoma, Wash.
79. Puget Sound Plup & Tbr. Co. Bellington, Wash.
80. Bayonier Inc. Box 539, Hoquiam, Wash.
81. George M. Rogers 1009 State St., Raymond, Wash.
82. Robert L. Rogers Route 3, Box 274, Olympia, Wash.
83. Fred Root Box 698, Hoquiam, Wash.
84. Stanwood Lbr. Co. Stanwood, Wash.
85. S & M Lbr. Co. Route 2, Box 915, Oregon City, Ors.
86. Scott Paper Co. Everett, Wash.
87. Seaboard Lbr. Co. Box 1947, Seattle 11, Wash.
88. Calvia Siddle Box 21, La Conner, Wash.
89. Francis Smith 1920 Pacific Avenue, Aberdeen, Wash.
90. Tom Spradlin 645 Chenault, Hoquiam, Wash.
91. St. Rogis Paper Co. 1216 St. Paul Avenue, Tacoma 2, Wash.
92. Perry Stoner Route 2, Box 376, Shelton, Wash.
93. Tacoma Narrows Lbr. Inc. Box 176, Stilecoom, Wash.
94. Taylor Bros. Log. Co. 3114 Pacific, Hoquiam, Wash.
95. Thomas Lbr. Co. Klemath Falls, Ore.
96. R. J. Ultian Ramfg. Co. Box 305, Aberdeen, Wash.
97. Valley Right Lgo. Co. Deep River, Ore.
98. Clarence Vanderjack 3700 SW Upper Drive, Lake Oswego, Ore.
99. Bill Wampler Box 134, Chilequin, Ore.
100. Bill Wells Box 12, Silverdale, Wash.
101. Jim W. Wells Log. Co. Route 3, Box 1160, Hoquiam, Wash.
102. West Coast Ply. Corp. Box 1180, Aberdeen, Wash.
103. West Tacoma Newsprint Box 8, Stielacoom, Wash.
105. Western Forest Ind. Assn. 2319 Lloyd Center, Portland 12, Ore
105. Western Lbr. Co. Box 240, Aberdeen, Wash.
106. Weyerhaeuser Co. Box 1645, Tacoma, Wash.
107. Dan Williams, Tbr. Div., Evans Harbor Products, Box 1036,
Aberdeen, Wash.
108. Williamson Log. Co. Route 2, Box 890, Hoquiam, Wash.
109. Wilson & Sutton 8305 Lewis River Road, Arial, Wash.
110. Womer Bros. Log. Co. Amanda Park, Wash.
111. K. B. Wood & Assoc., Inc. 601 Dakun Bldg., Portland 4, Ore.
112. Roy York 1232 Railroad, Shelton, Wash.
113. Joe Zedrick 1109 East Wishkah St., Aberdeen, Wash.
114. Mrs. W. A. Fuller Queets Motel, Clearwater, Wash.
115. George Kron Route 1, Box 564, Montasano, Wash.
116. Ford & Mundy Log. Co. Forks., Wash.
117. O. C. House Route 1, Box 329, Elma, Wash.
118. Danield Cedar Products, Inc. 110-Bishop St., Aberdeen, Wash.
119. William Ellard 701 Simpson Avenue, Emerson Hotel, Hoquiam,
Wash.
120. Marenakoe Log. Co., Inc. Morton, Wash.
121. Washington Plp. & Tbr. Co. Box 712, Copalis Crossing, Wash.
POST OFFICES AT: Aberdeen, Aloha, Amanda Park, Centralis, Chahalis,
Clalam Bay, Copelia Beach, Copelia Crossing, Elma, Forks, Hoquiam,
McCleary, Montazano, Nesh Bay, Olympia, Pacific Beach, PortAngeles, Port
Townsend, Quilcome, Sequim, Shelton, Tacoma, Taholah, Coulea Dam,
Washington.
OTHER AGENCIES: Calville, Warm Springs, Northern Idaho and Takima
FOREST OFFICER'S REPORT AGNES MAJOR LOGGING UNIT REAPRAISAL
QUINAULT RESERVATION
A. Introduction:
A revised Forest Officer's Report was written on 630305, and the
timber on this unit was advertised for sale with bids to be opened on
630423. No bids were received at that time. At this time, interest is
being shown for the timber on this tract.
B. Stumpage Appraisal:
This reappraisal is based on prices paid by local mills on Grays
Harbor as of 631101.
Estimated log grades percentages and volumes are as follows:
Table not keyed, see original
APPRAISAL SUMMARY
Agnes Major LOGGING UNIT,
Quinault RESERVATION
Table not keyed, see original
Agnes Major
LOG VALUES
Table not keyed, see original
Log Prices from: Eleven manufacturing plants and export companies on
Grays Harbor as of 631001. Establishments contacted include sawmills,
plywood & veneer plants, shingle and shake mills and an export company.
LOGGING COSTS
Agnes Major 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 (71 miles to Grays Harbor, Washington)
Table not keyed, see original
Notes: 1. Direct logging and overhead cost estimates are average
costs obtained from seven operators on Grays Harbor (copies at Agency
and Area Offices). 2. Truck hauling rates computed according to
Washington Utilities and Transportation Commission Tariff 4-A, effective
630812.
II. TRANSPORTATION (continued)
.06 Average load @.065/log:
Table not keyed, see original
Factor used to adjust truck hauling costs from gross total scale when
computing hauling costs on the basis of the Washington State Formula
(Ref. R6-TM-179).
Table not keyed, see original
Notes: Road construction estimates are those used in the original
Forest Officer's Report.
C. Determination of Stumpage Values:
The stumpage values were determined by use of the following formula:
S = V/1.OP - C
1. Western redcedar:
Table not keyed, see original
2. Sitka spruse:
Table not keyed, see original
3. Western hemlock & Other species:
Table not keyed, see original
An allowance of eight (8) and ten (10) percent was used in the
original Forest Officer's Report.
D. Recommended Stumpage Values: (rounded to the nearest five cents)
Table not keyed see original
E. Value of Forest Products:
Table not keyed see original
It is recommended that the timber on the Agnes Major Logging Unit be
advertised at the above indicated rates for a period of not less than
fifteen (15) days in accordance with 25 CFR 141.8(b).
Date: 631203
John W. Palmer Forester
Date: 631204
CONCUR: Sdg. John W. Libby Forest Manager
APPROVED: (Sgd.) George M. Felshaw Superintendent
5-349d
590200
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.
HEL-009-0413-0465
HEL-009-0411-0465
ESSES LOGGING CO
660425
CORRESPONDENCE
VANINETTI, J W WASH AGENCY
RECEIVED
660523
BUR. OF INDIAN AFFAIRS WASHINGTON, D. C.
Forestry-339.5 Bright Unit
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington 98550
660425
Hallcum Logging Co., Inc. P. O. Box 615 Elma, Washington
Gentlemen:
Enclosed are Certificates of Completion and Report of Timber Cut
Final, covering your operations in the Bright Logging Unit, Quinault
Reservation.
Operations have been completed in accordance with the terms of the
contract. You and your surety, the General Insurance Company of
America, are hereby relieved of any liability under this timber sale
contract arising subsequent to 640421. Your balance in advance
deposits, in the amount of $711.22, is being refunded under separate
cover.
Sincerely yours,
Sgd. John Vaninetti Acting Superintendent
Enclosures
cc Surety (Gen. Inc. Company of America)
cc Br. of Forestry, PAO (2)
HEL-009-0466-0466
HEL-009-0466-0503
HALLCUM LOGGING CO
660421
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
IN REPLY REFER TO: Forestry 64-5-28 - 339.5 Bright Logging Unit
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND, OREGON 97208
660421
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 660415, requests authorization to close the Bright
Logging Unit sale, Quinault Indian Reservation, Washington. You have
enclosed in duplicate the Final Report of Timber Cut and Certificates of
Completion covering operations of Hallcum Logging Co., Inc., Purchaser,
for Timber Sale Contract No. 14-20-0510-250.
You state that operations of the contractor have been completed in
accordance with the terms of the contract. You request authority to
close the sale, refund the balance of $711.22 remaining in the advance
deposit account of the contractor, and to notify the contractor and
surety that they are relieved of further liability under the contract.
We have examined all documents and find them to be in order.
You are hereby authorized to notify Hallcum Logging Co., Inc.,
Purchaser, and General Insurance Company of America, Surety on the bond,
that they are relieved of any liability under the Bright Logging Unit
Timber Sale Contract arising subsequent to the date of this letter. You
are also authorized to refund to Hallcum Logging Co., Inc., the
unobligated balance now on deposit with you in connection with the
Bright Logging Unit Timber Sale Contract.
Please send us copies of your letters to the purchaser and the
surety, advising them of sale completion and relief of contract
liability.
Sincerely yours, (Sgd.) A. W. Galbraith A. W. Galbraith Assistant
Area Director (Economic Development)
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
w/enclosures (5)
HEL-009-0467-0467
HEL-009-0466-0503
FELSHAW, G M W WASH AGENCY
660415
CORRESPONDENCE
KENTOR, J BIA W WASH AGENCY
IN REPLY REFER TO: Forestry-339.5 Bright Unit
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Field Service Western Washington Agency Hoquiam, Sub-Agency Hoquiam,
Washington 98550
660415
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Dear Mr. Baldwin:
Enclosed, in duplicate, are Report of Timber Cut and Certificates of
Completion, covering the removal of timber from the Bright Logging Unit,
Quinault Reservation, under Contract No. 14-20-0510-250 to Hallcum
Logging Co., Inc., of Elma, Washington.
Operations of the contractor have been completed in accordance with
the terms of the contract. Authority is requested to relieve the
contractor and his Surety, the General Insurance Company of America, of
any further liability under the contract and to refund the balance of
$711.22 which remains in the Advance Deposit Account of Hallcum Logging
Co., Inc.
Sincerely yours, James S. Kentor Acting Superintendent
Enclosures
RECEIVED BUR. OF INDIAN AFFAIRS WASHINGTON D. C.
660523
5-500a
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
490200
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 660412
Indian Office file No. 14-20-0510-250 (1)
Bright Logging unit
Contract approved 641002, Expires 660630
Western Washington Agency
Quinault Reservation
Hallcum Logging Co., Inc Contractor
Assignee
Land status: Allotted
Description Lots 15 and 16, Section 3, Township 23 North, Range 12
West, Willamette Meridian, Wash.
Allotment No. 969 Name of allottee Gideon Bright
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.
Hallcum Logging Co., Inc. By CW Stall Pris
Date 660411
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 660411
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.) James R. Keaton Acting Superintendent
Dated 660412
DISPOSITION OF MONEY
IIM U. S. Treasury (fees) $50,057.30 $5,561.93
I certify that the operations of Hallcum Logging Co., Inc.,
contractor on the Bright Logging Unit, Contract No. 14-20-0510-250,
Quinault Indian Reservation, have been satisfactorily completed in
accordance with the terms of the contract.
John W. Palmer J. W. Palmer, Forester
I certify that the volume and value of timber scaled and disposition
of money collected, as shown above, have been correctly abstracted from
the books of account at this agency.
Sgd. M. Patience Isom M. Patience Isom, Forestry Clerk
5-500a
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
490200
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 660412
Indian Office file No. 14-20-0510-250 (2)
Bright Logging unit
Contract approved 641002, Expires 660630
Western Washington Agency
Quinault Reservation
Hallcum Logging Co., Inc. Contractor
Assignee
Land status: Allotted
Description Lots 17 and 18, Section 2, Township 23 North, Range 12
West, Willamette Meridian, Wash.
Allotment No. 1240 Name of allottee Gladys B. Lee
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.
Hallcum Logging Co., Inc.
By: CW Stall Pris
Dated 660411
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 660411
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.) James R. Kentor Acting Superintendent
Dated 660412
DISPOSITION OF MONEY
IIM U. S. Treasury (Fees) $31,184.70 $3,464.97
I certify that the operations of Hallcum Logging Co., Inc.,
contractor on the Bright Logging Unit, Contract No. 14-20-0510-250,
Quinault Indian Reservation, have been satisfactorily completed in
accordance with the terms of the contract.
John W. Palmer J. W. Palmer, Forester
I certify that the volume and value of timber scaled and disposition
of money collected, as shown above, have been correctly abstracted from
the books of account at this agency.
Sgd. M. Patience Isom M. Patience Isom, Forestry Clerk
5-500a
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
(490200)
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 660412
Indian Office file No. 14-20-0510-250 (3)
Bright Logging unit
Contract approved 640210 Expires 660630
Land status Allotted
Western Washington Agency
Quinault Reservation
Hallcum Logging Co., Inc, Contractor
Land status: Allotted
Description Lots 17 and 18, Section 3, Township 23 North, Range 12
West, Willamette Meridian, Wash.
Allotment No. 942 Name of allottee Violet B. Black
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.
Hallcum Logging Co., Inc.
By: Cw Hall Pus.
Date (ILLEGIBLE)
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 (ILLEGIBLE)
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 660412
DISPOSITION OF MONEY
IIM $521.33
U. S. Treasury (Fees) $57.93
I certify that the operations of Hallcum Logging Co., Inc.
contractor on the Bright Logging Unit, Contract No. 14-20-0510-250,
Quinault Indian Reservation, have been satisfactorily completed in
accordance with the terms of the contract.
John W. Palmer J. W. Palmer, Forester
I certify that the volume and value of timber scaled and disposition
of money collected, as shown above, have been correctly abstracted from
the books of accounts at this agency.
Sgd. M. Patience Ison M. Patience Ison, Forestry Clerk
Table not keyed, see original
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
5-486
FINAL
Report No. 14
Period from 660301 to 660331, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250
Hallcum Logging Co., Inc.
Quinault Indian Reservation.
Sale Unit Bright
Table not keyed, see original
1. Is the sale being properly administered? Yes.
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes.
3. Remarks: Operations of contractor completed in accordance with
terms of contract: recommend sale be closed.
slash J W Palmer
snags J W Palmer
streams J W Palmer
roads J W Palmer
waste J W Palmer
improvements J W Palmer
audit mpi
other liability none
660411
(Date of report)
Don W. Clark
(Signature of officer making report.)
Don W. Clark Forest Manager
Approved 660412
(ILLEGIBLE)
(Signature of approving officer.)
Acting Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balances and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
5-486
Report No. 13 Period from 660201 to 660228, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250
Hallcum Logging Co., Inc.
Quinault Indian Reservation.
Sale Unit Bright
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations are complete. Certificates of Completion
may be made out and sale closed.
660304
Approved 660307
Don W. Clark Forest Manager
ILLEGIBLE LINE Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 12 Period from 660101 to 660131, inclusive.
REPORT OF TIMBER CUT Indian Office File No. Cont. 14-20-0510-250
Hallcum Logging Co. Quinault Indian Reservation. Sale Unit Bright
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Sale should be nearly complete by the end of the next
month.
660131
Approved 660201
Don W. Clark Forest Manager
George M Felshaw Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 11 Period from 651201 to 651231, inclusive.
REPORT OF TIMBER CUT
Indian Officer File No. Cont. 14-20-0510-250 Hallcum Logging Company
Quinault Indian Reservation. Sale Unit Bright
Table not keyed see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations should continue at present level, weather
permitting.
660104
Approved 660105
Sgd/Don W. Clark Don W. Clark Forest Manager
George M Felshaw Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The Value
of timber cut and not reported" should be deducted from the "Advance
Deposit" balance and the resultant amount shown opposite the "Net
balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 10 Period from 651101 to 651130 inclusive
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250 Hallcum Logging Co., Inc.
Quinault Indian Reservation. Sale Unit Bright
Table not keyed see original
1. Is the sale being properly administered: Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers: Yes
3. Remarks: Falling is in progress now. Operations should be in
progress around 000101.
651203.
(ILLEGIBLE)
Don W. Clark, Forest Manager
Approved 651206 George M. Felshaw Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 9 Period from 651001 to 651031, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250 Hallcum Logging Co., Inc.
Quinault Indian Reservation. Sale Unit Bright
Table not keyed, see original
1. Is the sale being properly administered: Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers: Yes
3. Remarks: No activity - operations are presently shut down.
Possible start-up on Gideon Bright Allotment about 001201.
651119
M. Patience Isom M. Patience Isom, Forestry Clerk
Approved 651119
(ILLEGIBLE)
Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balance on hand in "Advance Payments" and "Advance Deposits." The "Value
of timber cut and not reported" should be deducted from the "Advance
Deposit" balance and the resultant amount shown opposite the "Net
balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 8 Period from 650901 to 650930, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250 Quinault Indian
Reservation. Hallcum Logging Co., Inc. Sale Unit Bright
Table not keyed, see original
1. Is the sale being properly Administered? Yes.
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes.
3. Remarks: Operations are down for a few months. Kenneth R.
Miracle, Forester
651006
Approved 651006
James T Keats Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Deposits" should appear the amounts which have
been collected from the purchaser. Likewise opposite "Deductions for
timber scaled and reported" should appear the value of the timber scaled
which has been deducted from "Advance Payments" and "Advance Deposits."
Opposite "Balances" should appear the balances on hand in "Advance
Payments" and "Advance Deposits." The "Value of timber cut and not
reported" should be deducted from the "Advance Deposit" balance and the
resultant amount shown opposite the "Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 7 Period from 650801 to 650831, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250
Quinault Indian Reservation.
Hallcum Logging Company
Sale Unit Bright
Table not keyed see original
1. Is the sale being properly administered? Yes.
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes.
3. Remarks: Logging operations shut down 000901 for several months.
#Advance Deposit balance shows a minus balance of $586.29; the
contractor has been billed accordingly.
650910
Approved 650910
John W. Libby John W. Libby, Forest Manager
George M Felshaw Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 6 Period from 650701 to 650731, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250 Quinault Indian
Reservation. Hallcum Log. Co., Inc. Sale Unit Bright
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes.
3. Remarks: No timber scaled month of 000700 - felling only.
650813
Approved 650813
John W. Libby John W. Libby, Forest Manager
ILLEGIBLE Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber and "Advance Deposits." Opposite
"Balances" should appear the balances on hand in "Advance Payments" and
"Advance Deposits." The "Value of timber cut and not reported" should be
deducted from the "Advance Deposit" balance and the resultant amount
shown opposite the "Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 5. Period from 650601 to 650630, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250
Quinault Indian Reservation.
Hallcum Log. Co., Inc.
Sale Unit Bright
Table not keyed, see original
1. Is the sale being properly administered? Yes.
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations have been suspended since the first week of
June. They should resume about 000801.
650707 (Date of report.)
Approved 650707
John W. Libby (Signature of officer making report.) John W. Libby
Forest Manager
George M Felshaw (Signature of approving officer.) Superintendent
(Title)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 4 Period from 650301 to 650531, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250
Quinault Indian Reservation.
Hallcum Log. Co. Inc.
Sale Unit Bright
Table not keyed, see original
1. Is the sale being properly administered? Yes.
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes.
3. Remarks: Operations will be suspended shortly after 000601 for a
couple of months.
650607 (Date of report.)
Approved 650607
John W. Libby (Signature officer making report) John W. Libby, Forest
Manager (Title)
ILLEGIBLE ACTING Superintendent (Title)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 3 Period from 650201 to 650228, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250 Quinault Indian
Reservation.
Hallcum Log Co. Inc. Sale Unit Bright
Table not keyed, see original
1. Is the sale being properly administered? Yes.
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations are suspended for a couple of months.
650303 (Date of report.)
John W. Libby (Signature of officer making report.) John W. Libby,
Forest Manager
Approved 650303
George M Felshaw (Signature of approving officer.) Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the result amount shown opposite the "Net
balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 2 Period from 650101 to 650131, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250 Quinault Indian
Reservation.
Hallcum Logging Co., Inc. Sale Unit Bright
Table not keyed see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: No anticipated cut for the next 30-day period.
650202 (Date of report)
John W. Libby (Signature of officer making report.) John W. Libby,
Forest Manager
Approved 650202
(ILLEGIBLE LINE) (Signature of approving officer) Acting
Superintendent (Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFARIS
Report No. 1 Period from 641201 to 641231, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-250 Quinault Indian
Reservation.
Hallcum Logging Co. Inc. Sale Unit Bright
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations are down for weather. When weather improves
operations will resume on Gideon Bright allotment.
650104 (Date of report)
John W. Libby (Signature of officer making report.) John W. Libby,
Forest Manager
Approved 650104
George M Felshaw (Signature of approving officer.) Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
HEL-009-0468-0503
HEL-009-0466-0503
BALDWIN, D M BIA PORTLAND
650128
CORRESPONDENCE
WILCOX, E R BIA PORTLAND
TO 566
650202
WESTERN WASHINGTON
Please file attached with 4336-64-339 Bright Logging Unit
DO NOT RETURN TO BRANCH OF FORESTRY
IN REPLY REFER TO: Forestry 64-5-28 - 339.5 Bright Log. Unit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
650128
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your undated letter which we received in this office on 641216,
you enclosed seven copies of a Modification of Contract for the Bright
Logging Unit, Contract No. 14-20-0510-250, on the Quinault Reservation.
You also enclosed the consent of surety executed by Attorney-in-Fact
Richard H. Ericson, but without power of attorney as evidence of his
authority to do so. With your letter dated 650126, you enclosed two
copies of the properly dated power of attorney.
The Modification of Contract provides for the removal of material
suitable for cedar poles. Cedar pole prices were included in the
advertisement and in the powers of attorney signed by the allotment
owners but were omitted from the contract. You have signed the
modification for the owners and you recommend that the modification be
approved.
You may notify the purchaser and the surety that the modification of
the Bright Logging Unit contract covering the removal of cedar poles is
approved as of the date of this letter.
Sincerely yours,
(SGD) EARLE R. WILCOX Acting Assistant Area Director
Enclosures (4)
cc: Commissioner, Attn. Br. of Forestry w/enclosure Hoquiam
Subagency
MODIFICATION OF CONTRACT BRIGHT LOGGING UNIT CONTRACT NO.
14-20-0510-250 WASHINGTON
This agreement entered into at the Western Washington Indian Agency,
Everett, Washington, between the Superintendent of the Western
Washington Indian Agency, hereinafter called the "Superintendent", for
and in behalf of the Indian owners, and Hallcum Logging Company, Inc.,
of Elma, Washington, hereinafter called the "Purchaser".
Witnesseth: The Contract covering the Bright Logging Unit, No.
14-20-0510-250, dated 640903, between the Superintendent and Hallcum
Logging Company, Inc., approved 641002, by the Area Director, Portland
Area Office, is hereby modified as follows:
1. The purchaser agrees to pay for any western redcedar material
removed as cedar poles at the following rates:
$0.06 per lineal foot for poles 50 feet and under $0.11 per lineal
foot for poles 55 to 60 feet $0.23 per lineal foot for poles 65 feet and
over
2. It is further agreed that the scaling of western redcedar poles
will be performed by Bureau of Indian Affairs personnel on the logging
unit before such material is loaded for transport off the unit.
3. It is mutually agreed that all provisions and conditions
stipulated in the contract not herein expressly modified shall continue
in full force and effect.
4. This modification shall become effective on the date of approval
by the Area Director.
Signed and sealed in sextuple this 641123.
Witnesses:
(ILLEGIBLE) Rt 11 Box 376B Oregon Mn Ann Combs PO Box 181 Elme Wash.
HALLCUM LOGGING COMPANY, INC. C. W. Hall, Pres.
Signed as authorized representative of Seller: Date:
(Sgd.) George M. Felshaw Superintendent
Date 650102
APPROVED: (SGD) EARLE R. WILCOX Acting Assistant Area Director
CONSENT OF SURETY
The General Insurance Company of America, Seattle, Washington, Surety
on the bond of Hallcum Logging Company, Inc., of Elma, Washington, in
the amount of Fifteen Thousand and no/100 Dollars ($15,000.00), covering
the Bright Logging Unit Timber Sale Contract No. 14-20-0510-250,
approved 641002, hereby consents to the above modification of contract
and agrees to continue as Surety on the bond the same as though no
modification of the contract had been made.
GENERAL INSURANCE COMPANY OF AMERICA
Date: 641125
By: Richard H. Ericson Attorney-in-Fact
Witness:
Eugene Fulton (Name)
Seattle, wa (Address)
Victor Parker (Name)
Seattle, Washington (Address)
POWER OF ATTORNEY
GENERAL INSURANCE COMPANY OF AMERICA Home Office SEATTLE, WASHINGTON
No. 1517
KNOW ALL MEN BY THESE PRESENTS. That the General Insurance Company
of America by R. E. BANGERT. Its Vice-President, in pursuance of
authority granted by Section 3 and 4, Article V, of the By-Laws of said
Company, a copy of which sections is hereto attached, does hereby
nominate, constitute and appoint. RICHARD H. ERICSON its true and
lawful attorney-in-fact, to make, execute, seal and deliver for and on
its behalf, and as its act and deed any and all bonds and undertakings,
in its business of guranteeing the fidelity of persons holding places of
public or private trust and the performance of contracts other than
insurance policies, and executing and guaranteeing bonds or other
undertakings required or permitted in all actions or proceedings, or by
law required or permitted.
All such bonds and undertakings as aforesaid to be signed on behalf
of the General Insurance Company of America and the corporate seal of
the Company affixed thereto by Richard H. Ericson, individually.
And the execution of such bonds or undertakings in pursuance of these
presents shall be as binding upon said Company, as fully and amply, to
all intents and purposes, as if they had been duly executed and
acknowledge by the regularly elected officers of the Company at its Home
Office, Seattle, Washington, in their own proper persons.
IN WITNESS WHEREOF, the said R. E. BANGERT has hereunto subscribed
his name and affixed the Corporate Seal of the said General Insurance
Company of America this 630320.
(signed) R. E. Bangert Vice-President
(SEAL) STATE OF WASHINGTON,
ss. COUNTY OF KING,
On this day of 630320, before the subscriber, a Notary Public of the
State of Washington, in and for the County of King, duly commissioned
and qualified, came R. E. BANGERT Vice-President of the General
Insurance Company of America, to me personally known to be the
individual and officer described in, and who executed, the preceding
instrument, and he acknowledged the execution of the same and being by
me duly sworn, deposeth and saith, that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the
Corporate Seal of said Company, and the said Corporate Seal and his
signature as such officer was duly affixed and subscribed to the said
instrument by the authority and direction of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
Official Seal the day and year first above written.
(SEAL)
(signed) Ida Dahl Notary Public
Extracts from By-Laws of the General Insurance Company of America,
adopted 230228, and amended 500427, by the Stockholders:
"Article V. Section 3. POWERS AND DUTIES OF PRESIDENT: He shall
also have power and authority to designate individuals under appropriate
titles who shall be authorized to execute on behalf of the Company
fidelity and surety bonds and other documents of similar character
issued by the Company in the course of its business and who may also
have authority to attach the official seal of the Company to such
fidelity and surety bonds and documents of like character issued by the
Company in the course of its business."
"Article V, Section 4. POWERS AND DUTIES OF VICE-PRESIDENT: In the
absence of the President, the Vice-President, or if more than one
Vice-President, the Vice-Presidents in the order of their election shall
perform the duties of the President, subject to the direction of the
Board of Directors. He shall also have power and authority to designate
individuals under appropriate titles who shall be authorized to execute
on behalf of the Company fidelity and surety bonds and other documents
of a similar character issued by the Company in the course of its
business and who may also have authority to attach the official seal of
the Company to such fidelity and surety bonds and documents of like
character issued by the Company in the course of its business."
I, R. E. BANGERT Vice-President of the General Insurance Company of
America, hereby certify that the foregoing is a true copy of Sections 3
and 4, Article V, of the By-Laws of said Company and is still in force.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name as
Vice-President and affixed the Corporate Seal of the General Insurance
Company of America, this day of 630320.
(signed) R. E. Bangert Vice-President
(SEAL) STATE OF WASHINGTON,
ss. COUNTY OF KING.
I, S. C. STRANDBERG Assistant Secretary of the General Insurance
Company of America, do hereby certify that the foregoing is a true copy
of Sections 3 and 4, Article V, of the By-Laws of said Company, and is
now in force; and I do hereby certify that the above and foregoing
Power of Attorney is a true and correct copy of a Power of Attorney,
executed by said General Insurance Company of America, which is still in
full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said Company, at the City of Seattle, this 641125.
(ILLEGIBLE) Assistant Secretary
POWER OF ATTORNEY
NO.
FROM
GENERAL INSURANCE COMPANY OF AMERICA
Home Office: 4347 Brooklyn Ave. N.E., Seattle 5, Washington
SAFECO-LIFECO-GENERAL INSURANCE
TO
DATED
FILED
HEL-009-0504-0509
HEL-009-0504-0509
FELSHAW, G M W WASH AGENCY
641019
CORRESPONDENCE
BR OF FORESTRY PAO
TO 566
640511
Attn: Mr. Robinson WESTERN WASHINGTON
(Brief 5890-64)
Please file attached with West. Washington File 4336-64-339 Bright
Logging Unit
DO NOT RETURN TO BRANCH OF FORESTRY
RECEIVED
641023
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: BRANCH OF FORESTRY
FROM Branch of Forestry Portland Area Office
DATE: 641019
SUBJECT Copies of Subsidiary Timber Contracts, Bright Logging Unit
Contract No. 14-20-0510-250, Quinault Reservation.
RECEIVED
641023
Form 5-611A 591000
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Contract No. 14-20-0510-250(1)
Allotment No. 969
SUBSIDIARY ALLOTMENT TIMBER CONTRACT
SALE OF ESTIMATED VOLUMES
Bright 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.
14-20-0510-250, 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 Gideon Bright, hereinafter called the Seller, as represented by
the Superintendent, Western Washington Indian Agency under the authority
of the attached power of attorney and Hallcum Logging Company, Inc.
Elma, 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
gurantee 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 of 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 660630.
6. Allotment Description. This allotment is described as Lots 15 &
16, Section 3, Township 23 North, Range 12 West, Willamette Meridian,
Washington comprising lands allotted to Gideon Bright under the
provisions of the Act of 870208 (24 Stat. 388). The allotment contains
approximately 80 acres of which approximately 80 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 640903
PURCHASER
Witnesses:
Kay Filyow Hoquiam, Nash. (ILLEGIBLE) Hoquiam, Wash
HALLCUM LOGGING COMPANY, INC.
Name of corporation, partnership or individual
By C. W. Hall, Pres.
APPROVAL
(2)Signed as authorized representative of Seller and Approved:
Name (Sgd.) James R. Keaton
Title ACTING Superintendent
641008 (Date)
If Purchaser is a corporation, the following certificate must be
executed:
I, Chester J. Cummings, certify that I am the secretary Secretary of
the corporation named as the Purchaser herein; that C. W. Hall, 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.
Chester J. Cummings (CORPORATE SEAL) (Signature)
(1)If allottee has not executed a power of attorney, he signs here
and the wording in italic at(2) is deleted.
(3)If allottee has authorized the Superintendent to act for him, no
deletion is necessary and signature space at (1) is left blank.
Form 5-611A 591000
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Contract No. 14-20-0510-250 (2) Allotment No. 1240
SUBSIDIARY ALLOTMENT TIMBER CONTRACT SALE OF ESTIMATED VOLUMES
Bright 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.
14-20-0510-250, 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 Gladys
B. Lee, hereinafter called the Seller, as represented by the
Superintendent, Western Washington Indian Agency under the authority of
the attached power of attorney and Hallcum Logging Company, Inc. Elma,
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 on or before, and shall complete all other
obligations on or before the contract expiration date of 660630.
6. Allotment Description. This allotment is described as Lots 17 &
18, Section 2, Township 23 North, Range 12 West, Willamette Meridian,
Washington comprising lands allotted to Gladys B. Lee under the
provisions of the Act of 870208 (24 Stat. 388). The allotment contains
approximately 80 acres of which approximately 80 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 640903
PURCHASER
Witnesses:
Kay Filyaw Haquiam, Wash. (ILLEGIBLE) Hoquiam, Wash.
HALLCUM LOGGING COMPANY, INC. Name of corporation, partnership or
individual
BY C. W. Hall C. W. Hall, Pres.
APPROVAL
(2)Siged as authorized representative of Seller and Approved:
Name (Sgd.) James R. Keaton
Title ACTING Superintendent
641008
If Purchaser is a corporation, the following certificate must be
executed:
I, Chester J. Cummings, certify that I am the Secretary Secretary of
the corporation named as the Purchaser herein; that C. W. Hall, 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.
Chester J. Cummings (CORPORATE SEAL) (Signature)
(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
delection is necessary and signature space at(1) is left blank.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Contract No. 14-20-0510-250(3)
Allotment No. 942
SUBSIDIARY ALLOTMENT TIMBER CONTRACT SALE OF ESTIMATED VOLUMES
Bright 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.
14-20-0510-250, 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 Violet
B. Black, hereinafter called the Seller, as represented by the
Superintendent, Western Washington Indian Agency under the authority of
the attached power of attorney and Hallcum Logging Company, Inc. Elma,
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 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 660630.
6. Allotment Description. This allotment is described as Lots 17 &
18, Section 3, Township 23 North, Range 12 West, Willamette Meridian,
Washington comprising lands allotted to Violet B. Black under the
provisions of the Act of 870208 (24 Stat. 388). The allotment contains
approximately 80 acres of which approximately 2.5# acres are to be
logged.
#that portion of Lot 17 located north of U.S. Highway 101.
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 640903.
PURCHASER
Witnesses:
Kay Filpring
Hoquiam Wash.
Onnie E. Paakkonen
Hoquiam, Wash.
HALLCUM LOGGING COMPANY, INC.
By C. W. Hall, Pres.
SELLER
APPROVAL
Signed as authorized representative of Seller and Approved:
Name (Sgd) James R. Keaton
Title ACTING Superintendent
641008
If Purchaser is a corporation, the following certificate must be
executed:
I, Chester J. Cummings, certify that I am the Secretary Secretary of
the corporation named as the Purchaser, herein; that C. W. Hall, 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.
Chester J. Cummings
(CORPORATE SEAL)
If allottee has not executed a power of attorney, he signs here and
the wording in italic at (2) is deleted.
If allottee has authorized the Superintendent to act for him, no
deletion is necessary and signature space at (1) is left blank.
HEL-009-0510-0520
HEL-009-0510-0520
COMM BIA AREA DIR SUPT
641002
CORRESPONDENCE
HOLTZ, R D BIA PORTLAND
RECEIVED
641005
Forestry 339.5 Bright Log. Unit
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:
Your letter of 640925, submitted for approval the original and six
copies of the contract and appurtenant documents covering the sale of
timber from the Bright Logging Unit, Quinault Reservation.
We have examined all of the documents and they appear to be in proper
order. The contract and bond have therefore been approved.
We are returning the original and four copies of the Bright Logging
Unit Contract No. 14-20-0510-250 with related papers for proper
distribution. Two copies have been retained, one for our files and one
to be forwarded to the Washington Office.
Sincerely yours,
(Sgd.) R. D. MOLTZ Area Director
Enclosures (5)
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
w/enclosures (2)
ABSTRACT of proposals received at Hoquiam, Washington, 640901 for
sale of the timber, "Bright Logging Unit", Quinault Indian Reservation,
Washington for Western Washington Agency, Hoquiam, Washington.
Table not keyed see original
It is hereby certified that in addition to the bids abstraced on this
form, invitations to quote were sent to the following:
see attached listing
It is also certified that all sealed 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. None
which was considered and abstraced or eliminated for consideration for
reasons appearing elsewhere on the abstract or in report attached
hereto.
(Sgd.) George M Superintendent
MAILING LIST
Bright Logging Unit Size of Sale - 2
Size of Sale
1. Aberdeen Alders, Inc. Box 16, Aberdeen, Wash. 1 2 3
2. Aloha Lumber Corp. Aloha, Wash. 1 2 3
3. G. T. Anderson 601 W. Cushing, Aberdeen, Wash. 2 3
4. Glenn Anderson Box 56, Smith River, Calif. 2 3
5. Anderson & Middleton Log. Co. Box 80, Aberdeen, Wash. 1 2 3
6. John Andrews Rt. 4, Box 68, Hoquiam, Wash. 2 3
7. Angeles Shake & Shingle 405 So. Alder, Port Angeles, Wn. 2 3
8. D. Walter Austin 1920 Rainier Ave., Aberdeen, Wn. 1 2 3
9. Norman Barnes & Co., Inc. 413 Norton Bldg., Seattle 4, Wn. 2 3
10. Raymond Beach 137 Lake Vista Ave., Westlake, Daly City, Calif. 1
2 3
11. Beck & Company Rt. 3, Box 557, Centralia, Wash. 1 2 3
12. Bell Log. Co. 617 Hill Road, Aberdeen, Wn. 1 2
13. George Bertrand Clearwater, Wash. 2 3
14. Ted Bialkoski Rt. 1, Box 594, Montesano, Wn. 2 3
15. E. K. Bishop Lbr. Co. Aberdeen, Wash. 2 3
16. Blagen Tbr. Co. P. O. Box 240, Hoquiam, Wash. 1 2
17. Bolma Truck Service 2708 Main Street, Forest Road, Ore. 1 2 3
18. L. H. Bradshaw Napavine, Wash. 1 2 3
19. Bridge Bros. Box 115, Hamilton, Wash. 2 3
20. Don Brotherson Rt. 3, Box 220, Centralia, Wash. 2 3
21. Buchanan Lbr. Co. P. O. Box 396, Olympia, Wash. 1 2
22. N. Burrill 801 W. Street, Anacortes, Wash. 2 3
23. California Creek Log. Co. Route 1, Blaine, Wash. 1 2 3
24. Bob Carl Clearwater, Wash. 2 3
25. D. J. Caulkins Box 21, Forks, Wash. 2 3
26. Cedar Supply Co. Humptulips, Wash. 3
27. Century Shake, Attn: J. Phelps P. O. Box 747, Copalis Crossing,
Wn. 3
28. City Lbr. Co. of Bridgeport Inc. Attn: Everett Wright, 2130 SW
Fifth, Portland, Ore. 1 2 3
29. Gene Coates Forks, Wash. 1 2 3
30. Howard E. Conkle 2646 34th West, Seattle 99, Wn. 1 2
31. George Coultas Box 307, Winslow, Bainbridge Island, Wash. 2 3
32. Crown Zellerbach Corp. Port Angeles, Wash. 1
33. Daniels Cedar Products Inc. 110 Bishop St., Aberdeen, Wash. 2
34. Davidson Log. Co. Alaska Division, Box 1355, Ketchikan, Alaska
1 2
35. Floyd Dickinson 204 So. Lincoln, Port Angeles, Wn. 1 2 3
36. Dickman Lbr. Co. 2423 Ruston Way, Tacoma, Wash. 1 2
37. Diimmel, Martin Box 147, Forks, Wash. 3
38. Dullenty, D. L. 5 "A" St., NW, Auburn, Wash. 2 3
39. Durham Log. Co. 3114 Pacific Ave., Hoquiam, Wn. 1 2 3
40. Ellward, William Emerson Hotel, 701 Simpson, Hoquiam, Wash. 2 3
41. Elma Ply. Corp. P. O. Box 275, Elma, Wash. 2 3
42. Esses Log. Co. Quinault, Wash. 1 2 3
43. Evans Harbor Products Box 1036, Aberdeen, Wash. 1 2 3
44. Everett Ply. & Door Corp. P. O. Box 909, Everette, Wash. 1 2
45. Forbes Log. Co. Rt. 2, Box 101, Amanda Park, Wash. 2 3
46. Fox Log. Co. 1005 West 5th, Port Angeles, Wn. 1 2 3
47. Frontier Log. Co. Box 187, Forks, Wash. 1 2
48. Mrs. W. A. Fuller Queets Motel, Clearwater, Wash. 2
#1 - Sawdust, 10 million board feet and over
2 - Small sales, 1 to 10 million board feet
3 - Small salvage sales, under 1 million board feet
#Size of Sale
49. Charles Gagnon 627 East 5th, Port Angeles, Wash. 1 2 3
50. Graham Shake & Shingle Rt. 3, Box 1108, Hoquiam, Wash. 2
51. Patrick Gray 1424 SE 53rd, Portland 15, Ore. 1 2 3
52. Grays Harbor Veneer Corp. P. O. Box 239, Hoquiam, Wash. 1 2
53. Green Log. Co. 141 Viewcrest, Hoquiam, Wash. 1 2 3
54. Green Fir Log. Co. Rte. 2, Box 97, Tillamook, Ore. 1 2 3
55. John J. Gwin Route 1, Box 126, Hoquiam, Wash. 2 3
56. H & H Products Bellingham Hotel, Bellingham, Wn. 1 2 3
57. Harbor Plywood Corp. P. O. Box 940, Aberdeen, Wash. 1 2
58. George Hawks, Huffman Motors 123 East 1st, Aberdeen, Wash. 1 2
59. F. R. Henry Log. Co. Box 357, Forks, Wash. 1 2
60. Don Holland 1511 Bay Ave., Aberdeen, Wash. 1 2 3
61. Hoquiam Ply. Co., Inc. P. O. Box 737, Hoquiam, Wash. 2
62. O. C. House Rt. 1, Box 329, Elma, Wash. 3
63. Ildstad, Thomas W. 1530 Initial Ave., Enumclaw, Wash. 2
64. John Impola, Daily Journal of Commerce, 83 Columbia St., Seattle
4, 1 2
65. International Paper Co. Woodlands Dept., Longview, Wash. 1 2 3
66. J & K Log. Co. Star Route 1, Box 270, Forks, Wash. 1 2 3
67. Johnson Bros. Inc. P. O. Box 206, Concrete, Wash. 1 2 3
68. Harvey Johnson Box 787, Castle Rock, Wash. 2 3
69. Stanley L. Johnson Rt. 1, Box 232, Oakville, Wash. 1 2 3
70. Kaiser Aluminum 2000 E. Columbia Way, Bldg. #10, Vancouver,
Wash. 1 2 3
71. Walter Kandoll Banfield, B.C., Canada 2 3
72. Wendell Keene c/o the Aberdeen World, Aberdeen 1 2 3
73. Clarence Kemp General Delivery, Forks, Wash. 1 2 3
74. Kramer Log. Co. Box 4281, Portland, Ore. 97208 1 2 3
75. Lawrence G. Kramer 5214 NE Wistaria Dr., Portland 1 2 3
76. Vincent C. Kretz 3617 74th, Mercer Island, Wash. 1 2 3
77. Kingsley Lbr. Co. Box 6215, Linnton Station, Portland 10,
Oregon 1 2
78. Jack Kreider 214 Columbus, Port Angeles, Wash. 1 2 3
79. George Kron Rt. 1, Box 564, Montesano, Wash. 2 3
80. Bud Kuhn Rt. 3, Box 425, Mt. Vernon, Wash. 2 3
81. Lamb's Log. Co., Inc. Box 566, Forks, Wash. 1 2
82. Latimer & Sons, Inc. Box 427, Woodlawn, Wash. 1 2 3
83. Lindner, Eugene A. Rt. 4, Box 67, Snohomish, Wash. 1 23 3
84. Littlerock Lbr. Co. Box 8, Littlerock, Wash. 1 2 3
85. Lyons Log. Co. Box 716, Forks, Wash. 1 2 3
86. M & D Tbr. Co. Sol Duc Hot Springs, Port Angeles 1 2
87. Marenakos Log. Co., Inc. Morton, Wash. 1 2
88. Manes Log. Co. P. O. Box 107, Clallam Bay, Wash. 1 2
89. Martinson, George C. 1912 W. 6th St., Aberdeen, Wash. 1 2 33
90. Mayr Bros. Log. Co. Rt. 3, Box 508, Hoquiam, Wash. 1 2
91. McDonald Log. Co. Box 37, Amanda Park, Wash. 1 2 3
92. McKay, Arthur R. 1324 BelAire, Aberdeen, Wash. 1 2 3
93. McLeod, Daniel F. 18770 Ave. 231/2, Chowchilla, Calif. 1 2 3
94. Merrill & Ring, Western Lbr. Co. P. O. Box 30, Port Angeles,
Wash. 1 2
95. E. C. Miller Lbr. Co. P. O. Box 1080, Aberdeen, Wash. 1 2
#Size of Sale
96. W. H. Miller 12007 NE Fargo Court, Portland 20, 1 2 3
97. Millman Lbr. Co. P. O. Box 293, Pacific Beach, Wash. 2 3
98. Morrison Log. Co. Box 1019, Aberdeen, Wash. 1 2 3
99. Mundy & Ford Log. Co. Forks, Wash. 2 3
100. George Music c/o Eliza Emfun, Randle, Wash. 2 3
101. S. A. Newman, Forest Engineers P. O. Box 156, Everett, Wash. 1
2 3
102. Ralph Nims Box 343, Winlock, Wash. 3
103. P & M Lbr. Co. 521 Bel Aire Ave., Aberdeen, Wash. 2 3
104. Pacific Lbr. & Shipping Co. 620 Washington Bldg., Seattle 1, 1
2 3
105. Parrino Bros. Rt. 2, Box 207, Enumclaw, Wash. 1 2 3
106. Arne J. Peterson 112 Colorado, Box 115, Longview, Wn. 1 2
107. Peninsula Ply. Corp. P. O. Box 311, Port Angeles, Wash. 1 2 3
108. Robert Plant Humptulips, Wash. 1 2 3
109. Pope & Talbot, Inc. Port Gamble, Wash. 1 2 3
110. Walter T. Plumb Copalis Beach, Wash. 2 3
111. Puget Sound Ply. Inc. 230 East F St., Tacoma, Wash. 1 2
112. Puget Sound Pulp & Timber Co. Bellingham, Wash. 1 2
113. Rayonier Inc. Box 539, Hoquiam, Wash. 1 2 3
114. Clark Reed Box 54, Quinault, Wash. 2 3
115. ROA Construction Co. 2118 Mill Avenue, Bellingham, Wash. 1 2
3
116. George M. Rogers 1009 State, Raymond, Wash. 2 3
117. Robert L. Rogers Rt. 4, Box 274, Olympia, Wash. 2
118. Fred Root Box 698, Hoquiam, Wash. 1 2 3
119. S & M Lbr. Co. Rt. 3, Box 915, Oregon City, Ore. 1 2 3
120. Saginaw Shingle Co. Finch Building, Aberdeen, Wash. 1 2 3
121. Salmon Creek Log. Co. Box 157, Woodland, Wash. 1 2 3
122. Scott PaperCo. Everett, Wash. 1 2
123. Seaboard Lbr. Co. P. O. Box 1947, Seattle 11, Wash. 1 2
124. Calvin Siddle Box 21, La Conner, Wash. 1 2 3
125. Jack Simpson 3812 Wetmore, Everett, Wash. 1 2 3
126. Francis Smith 1920 Pacific Avenue, Aberdeen, Wash. 1 2
127. J. T. Spradlin 645 Chenault, Hoquiam, Wash. 2 3
128. Stanwood Lbr. Co. Stanwood, Wash. 1 2 3
129. Superior Shake Co. Box 456, Concrete, Wash. 1 2 3
130. Paul Wonderly, Res. Mgr., St. Regis Paper Co., St. Paul &
Tacoma Division 1220 St. Paul Ave., Tacoma, Wash. 98401 1 2 3
131. Perry N. Stoner Rt. 3, Box 376, Shelton, Wash. 1 2 3
132. Tacoma Narrows Lbr. Inc. P. O. Box 176, Steilacoom, Wash. 1 2
3
133. Taylor & Bruckart, Inc. Industrial Forestry & Forest Products
P. O. Box 567, Bremerton, Wash. 1 2 3
134. Clay Thomas, Thomas Lbr. Co. Klamath Falls, Ore. 1 2 3
135. R. J. Ultican Remfg. Co. P. O. Box 305, Aberdeen, Wash. 1 2 3
136. Valley Eight Log. Co. De p River, Wash. 2
137. Clarence Vanderjack 3700 SW Upper Dr., Lake Oswego, Ore. 1 2 3
138. Bill Wampler Box 134, Chiloquin, Ore. 1 2 3
139. Washington Pulp & Tbr. Co. P. O. Box 712, Copalis Crossing,
Wn. 2 3
140. Cliff Webster 535 W. 16th, Port Angeles, Wash. 1 2 3
141. Bill Wells Box 12, Silverdale, Wash. 1 2 3
142. Jim W. Wells Log. Co. Rt. 3, Box 1160, Hoquiam, Wash. 2 3
143. West Coast Orient 201 NW Second Avenue, Portland 9, 1 2 3
144. West Coast Ply. Co. P. O. Box 1180, Aberdeen, Wash. 1 2 3
145. West Tacoma Newsprint Co. P. O. Box 8, Stielacoom, Wash. 1 2
3
146. Western Forest Industries Assn. 2319 Lloyd Center, Portland
12, Ore. 1 2 3
Size of Sale
147. Western Lbr. Inc. Box 240, Aberdeen, Wash. 1 2 3
148. Weyerhaeuser Co. P. O. Box 1645, Tacoma 1, Wash. 1 2 3
149. Williamson Log. Co. Rt. 3, Box 890, Hoquiam, Wash. 1 2 3
150. Wilson & Sutton 8305 Lewis River Road, Ariel, Wash. 1 2 3
151. Womer Bros. Log. Co. Amanda Park, Wash. 1 2 3
152. K.B. Wood & Assoc. Inc. 601 Dekum Bldg., Portland 4, Ore. 1 2
3
153. Arthur A. Yerkes 106 Jefferson St., Aberdeen, Wash. 2
154. Herb York Rt. 2, Box 769H, Marysville, Wash. 1 2 3
155. Roy York 1232 Railroad, Shelton, Wash. 2 3
156. Joe Zedrick 1109 East Wishkah, Aberdeen, Wash. 1 2 3
POST OFFICES AT: Aberdeen, Aloha, Amanda Park, Centralia, Chehalis,
Clallam Bay, Copalis Beach, Copals Crossing, Elma, Forks, Hoquiam,
McCleary, Montesano, Neah Bay, Olympia, Pacific Beach, Port Angeles,
Port Townsend, Quilcene, Sequim, Shelton, Tacoma, Taholah, Washington.
OTHER AGENCIES: Colville, Northern Idaho, Yakima and Warm Springs.
Form 5-611 600300
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Master
Contract No. 14-20-0510-250
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Bright 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 Gladys
B. Lee, Q. 1240; Violet B. Black, Q. 942; and the heirs of Gideon
Bright, Q. 969 hereinafter called the Seller, as represented by the
Superintendent of the Western Washington Indian Agency and Hallcum
Logging Company, Inc. of Elma, 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.
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 660630.
6. Unit Description. This unit is located in Township 23 North,
Range 12 West, Willamette Meridian, Washington, more specifically all of
the Gideon Bright Al. #969, described as Lots 15 & 16, Section 3; all
of the Gladys B. Lee Al. #1240, described as Lots 17 & 18, Section 2;
and that portion of the Violet B. Black Al. #942, described as Lots 17 &
18, Section 3 that lies north of Highway 101. 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.
Form 5-611
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 $10,000.00.
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 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. The log lengths shall be varied so as to secure the
greatest possible 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.
Form 5-611
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.
13. Cutting Schedule.
(a) Minimum Annual Cut. The Purchaser shall cut and pay for not less
than Not applicable during the Calendar year 19 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 Not applicable
14. Volume Determination.
(a) Designated Timber. Logs cut under this contract shall be scaled
by established Scaling and Grading Bureaus acceptable to the Approving
Officer, in accordance with official log scaling and grading rules
effective 620301, a copy of which is on file in the office of the
Approving Officer. Scaling by the Scaling Bureaus shall not be
exclusive to 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
to timber covered by this contract until approved by the Approving
Officer.
NOTE: Italic type to be deleted if inapplicable.
Form 5-411
14. Volume Determination (Cont.)
(b) Scaling of Logs. In lieu of scaling procedures stipulated in
Section 7(c) of the Standard Provisions, 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.
Table not keyed see original
(c) Indian Bureau Scaling. When the contract provides for scaling by
the Scaling and Grading Bureaus, Section 7(a) of the Standard Provisions
shall not apply as long as the Scaling Agreement is in effect, but that
the Indian Bureau reserves the right to scale and waste scale at any
time it believes it to be necessary.
(d) Scaling of Other Products. The scaled volume of material
presented for scaling in forms other than those stated in Section II,
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.
(e) Scale Reports. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(f) 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 portion of the truck receipt shall
be retained by the purchaser and turned in to the Officer in Charge as
he shall direct. The ticket portion of the receipt 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
is delivered and to collect and mail said receipts to the Officer in
Charge.
Portland Area Western Washington
Insert to Form 5 611, Contract No. 14-20-0510-250
14. Volume Determination (Cont.)
(g) 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.
(h) Bureau Scaling. All scaling of logs by the Grays Harbor Log
Scaling and Grading Bureau shall be in accordance with the Scaling
Agreement between the Bureau of Indian Affairs and the Grays Harbor Log
Scaling and Grading Bureau, a copy of which is on file at the Hoquiam
Sub-Agency Offices of the Western Washington Indian Agency, Hoquiam,
Washington. The Scaling Agreement may be terminated by either party at
any time after 90 days written notice to the other party, provided the
commitments made prior to termination shall be fulfilled. The following
general conditions shall apply to Scaling Bureau scaling:
(1) The purchaser shall make arrangements for scaling services with
the Grays Harbor Log Scaling and Grading Bureau and shall pay for
stumpage cut on the Bright Logging Unit, Quinault Indian Reservation on
the basis of the log scale as determined by the Scaling Bureau.
(2) Payment for scaling services to the Scaling Bureau shall be made
by the purchaser, and the Bureau of Indian Affairs assumes no
responsibility in this regard.
(3) The purchaser shall brand, with a State registered brand, all
logs as directed by the Forest Officer in Charge. A log brand assigned
to logs from any Bureau of Indian Affairs sale area shall not be used on
logs from any other sale area until approved by the Officer in Charge.
(4) The purchaser shall furnish the Bureau of Indian Affairs an
imprint of the brand in advance of use.
(5) The purchaser shall deliver all logs from the sale area to points
of scaling acceptable to the Scaling Bureau and approved in writing by
the Superintendent or his authorized representative. Changes in scaling
points must be approved by the Bureau of Indian Affairs in advance of
making the change.
Portland Area - Western Washington Insert to Form 5-611, Contract No.
14-20-0510-250
(6) The Bureau of Indian Affairs will check scale Indian timber at
intervals to be determined by the Superintendent or his authorized
representative, and in the event such check scales show a variance in
volume of +/- five (5) percent, the Bureau of Indian Affairs will
request the Scaling Bureau to make a re-scale. In the event the Scaling
Bureau deems it necessary to demand remuneration for the cost of making
re-scales, the purchaser agrees to pay to the Scaling Bureau the cost of
such services. The purchaser agrees to cooperate with the Bureau of
Indian Affairs in providing conditions satisfactory to making check
scales.
Insert to Form 5-611, Contract No. 14-20-0510-250 Portland Area -
Western Washington
(b) Additional Timber.
None
15. Slash and Snag Disposal
Slash, Section 9(a) and 9(b) of the Standard Provisions shall not
apply.
Snag. Sea Section 9(c) of the Standard Provisions. In addition, any
non-merchantable partially dead tree, meeting the diameter and height
specification of Section 9(c) that creates a fire hazard, shall also be
felled.
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 well marked at the completion of
this sale.
(b) In addition to Section 8(b), Logging Methods, of the Standard
Provisions, 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 640903
PURCHASER
Witnesses:
Kay Filyaw Hoquiam, Wash. Annie E. Peakoner Hoquiam, Wash
HALLCUM LOGGING COMPANY, INC. Name of corporation, partnership of
individual
By C. W. Hall, Pres.
SELLER
SGN. W. D. DABBY Alloting or his legal representative
APPROVING OFFICER
Approved: 641002
Name (Sgd.) R. D. HOLTZ
Title Area Director
If Purchaser is a corporation, the following certificate must be
executed:
I, Chester J. Cummings, certify that I am the Secretary of the
corporation named as the Purchaser herein; that C. W. Hall 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.
Chester J. Cummings (CORPORATE SEAL)
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 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 lost, 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.
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.
Payments and deposits shall be by check or postal money order, drawn
payable to the Bureau of Indian Affairs, or in cash, and 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, unless
otherwise specified in contracts in which the cutting period does not
exceed 1 year. 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 sixe 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 increase the maximum annual cut or extend the contract or both,
subject to such conditions as he deems most equitable to both parties.
When the contract specifies that timber will be designated for cutting
by placing a distinctive mark on each tree to be cut, the Bureau of
Indian Affairs is not obligated to complete the marking of each tree to
be cut prior to adjustment of the contract under the authority of this
paragraph.
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 interst 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 occured 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 contary 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
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 two-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 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 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 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 neglet.
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 unalloted lands or at the request of the
Indian owners on alloted 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 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 timer 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-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(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 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 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
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 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. The requirements of this section shall
apply unless otherwise specified in the contract. 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 employee 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.
ORAL AUCTION SALE OF TIMBER BRIGHT LOGGING UNIT QUINAULT INDIAN
RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Bright Logging Unit", addressed to the Superintendent,
Western Washington Sub-Agency, Hoquiam, Washington, will be received
until 1:30 p.m. Pacific Daylight Time, 640901, and will be considered
the equivalent of oral auction bids and posted for the information of
all bidders. Oral auction bids will be received by the Superintendent
or his authorized representative at the Hoquiam City Hall Building,
Hoquiam, Washington, beginning at 2:00 p.m., Pacific Daylight Time,
600901, for the purchase of timber on a tract within the Quinault Indian
Reservation designated as the Bright Logging Unit. Oral auction bidding
will be restricted to those who have previously submitted an acceptable
sealed bid as accordance with this notice. The unit is more
specifically described as all of the Gideon Bright allotment No. 969,
described as Lots 15 and 16, Section 3; all of the Gladys B. Lee
allotment No. 1240, described as Lots 17 and 18, Section 2; and that
portion of the Violet B. Black allotment No. 942 described as Lots 17
and 18, Section 3 that lies north of Highway 101. All of this unit lies
in Township 23 North, Range 12 West, Williamette Meridian, Washington,
and contains approximately 162 acres. This unit contains an estimated
stand to be cut of 6,336,000 board feet of western redcedar; 485,000
board feet of western white pine; and 707,000 board feet of western
hemlock and other species, which estimates are not guaranteed. 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 $14.75 per M feet, B.M., for western redcedar;
$15.60 per M feet, B.M., for western white pine; and $12.95 per M feet,
B.M., for western hemlock and other species. Material removed as cedar
poles will be paid for at the following rates: 50 feet and under $0.08
per lineal foot; 55 to 60 feet $0.11 per lineal foot; 65 feet and over
$0.23 per lineal foot. Bidding on this unit will be restricted to the
sawlog stumpage only. 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 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
the bids. The deposit of the successful bidder will be applied as part
of the purchase price against timber cut on this unit only, or retained
as liquidated damages if the bidder shall not execute the contract and
furnish a satisfactory bond in the amount of Fifteen Thousand Dollars
($15,000.00) within thirty (30) days of acceptance of his bid. The
contract will specify that all designated timber shall be cut and
removed from the unit by 660630, 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. An
advance payment of fifteen (15) percent of the total value, calculated
at the bid price, must be made within thirty (30) days of approval of
the contract. The contract will further specify that the purchaser will
leave the boundaries and corners of the sale area well marked at the
completion of the contract. The contract will provide further that in
the event trust or other restrictions are removed from the allotments,
or any fractional part thereof, subsequent to the execution of the
contracts, the purchaser will make direct payment for timber cut, less
fees for administrative expenses, to the owner (or owners) of the
unrestricted interests. Fees for administrative expenses will continue
to be made directly to the Bureau of Indian Affairs. 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, Washington 98201, City
Hall Building, Hoquiam, Washington, beginning at 2:00 p.m., Pacific
Daylight Time, 640901, for the purchase of timber on a tract within the
Quinault Indian Reservation designated as the Bright Logging Unit. Oral
auction bidding will be restricted to those who have previously
submitted an acceptable sealed bid in accordance with this notice. The
unit is more specifically described as all of the Gideon Bright
allotment No. 969, described as lots 15 and 16, Section 3; all of the
Gladys B. Lee allotment No. 1240, d described as Lots 17 and 18, Section
2; and that portion of the Violet B. Black allotment No. 942 described
as Lots 17 and 18, Section 3 that lies north of Highway 101. All of
this unit lies in Township 23 North, Range 12 West, Willamette Meridian,
Washington, and contains approximately 162 acres. This unit contains an
estimated stand to be cut of 6,336,000 board feet of western redcedar;
485,000 board feet of western white pine; and 707,000 board feet of
western hemlock and other species, which estimates are not guaranteed.
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 $14.75 per M feet, B.M., for western
redcedar; $15.60 per M feet, B.M., for western white pine; and $12.95
per M feet, B.M., for western hemlock and other species. Material
removed as cedar poles will be paid for at the following rates: 50 feet
and under $0.08 per lineal foot; 55 to 60 feet $0.11 per lineal foot;
65 feet and over $0.23 per lineal foot. Bidding on this unit will be
restricted to the sawlog stumpage only. 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 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 other 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 the bids. The
deposit of the successful bidder will be applied as part of the purchase
price against timber cut on this unit only, or retained as liquidated
damages if the bidder shall not execute the contract and furnish a
satisfactory bond in the amount of Fifteen Thousand Dollars ($15,000.00)
within thirty (30) days of acceptance of his bid. The contract will
specify that all designated timber shall be cut and removed from the
unit by 660630, 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. An advance payment of
fifteen (15) percent of the total value, calculated at the bid price,
must be made within thirty (30) days of approval of the contract. The
contract will further specify that the purchaser will leave the
boundaries and corners of the sale area well marked at the completion of
the contract. The contract will provide further that in the event trust
or other restrictions are removed from the allotments, or any fractional
part thereof, subsequent to the execution of the contracts, the
purchaser will make direct payment for timber cut, less fees for
administrative expenses, to the owner (or owners) of the unrestricted
interests. Fees for administrative expenses will continue to be made
directly to the Bureau of Indian Affairs. 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 98201, or his
representative at Room 206, Post Office Building, Hoquiam, Washington
98550, or the Area Director, Bureau of Indian Affairs, Portland Area
Office, P. O. Box 3785, Portland, Oregon 97208. Dated this 640720, at
Portland, Oregon. Earle R. Wilcox, Acting Assistant Area Director.
BRIGHT LOGGING UNIT Section 2 & 3, T23N, R12W, W. M.
Map not keyed, see original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
WASHINGTON 560100 DEP
Map not keyed, see original
TO BE EXECUTED IN SEXTUPLET
5-488 (611100)
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
BOND
KNOW ALL MEN BY THESE PRESENTS, That we, Hallcum Logging Company,
Inc. of Elma, State of Washington, a corporation organized and existing
under the laws of the State of Washington, having an office and
principal place of business at Elma in the State of Washington, as
principal, (or
GENERAL INSURANCE COMPANY OF AMERICA
a corporation organized and existing under the laws of the State of
Washington, having its principal office at Seattle, Wn.), 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 640901
The condition of this obligation is such that WHEREAS, Hallcum
Logging Company, Inc. principal herein, did on the 640901 propose to
purchase, at the rate of Fourteen and 75/100 dollars ($14.75), per M
feet, B.M., for Western redcedar; Sixteen and 05/100 dollars ($16.05)
per M feet, B.M., for western white pine; and Twelve and 95/100 dollars
($12.95) per M feet, B.M., for western hemlock and other species.
On certain lands within the Quinault Indian Reservation in Grays
Harbor County, described as follows, to wit: all of the Gideon Bright
A1. #969, described as Lots 15 & 16, Section 3; all of Gladys B. Lee
A1. #1240, described as Lots 17 & 18, Section 2; and that portion of
the Violet B. Black A1. #942, described as Lots 17 & 18, Section 3 that
lies north of Highway 101, all in Township 23 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 640903, duly accept said
proposal, and the proposal and acceptance were thereupon reduced to a
written contract.
NOW, THEREFORE, if the above-bounden Hallcum Logging 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
640901
HALLCUM LOGGING COMPANY, INC.
(CORPORATE SEAL OF PRINCIPAL, IF CORPORATION)
C W Hall C. W. Hall, Pres.
Attest: Chester J Cummings Secretary
TWO WITNESSES REQUIRED TO SIGNATURE OF EACH PRINCIPAL AND SURETY.
PRINCIPALS AND SURETIES SIGN AND AFFIX SEALS
WITNESSES:
GENERAL INSURANCE COMPANY OF AMERICA
By Richard H. Ericson ATTORNEY IN FACT
Ida Dare Secretary.
DEPARTMENT OF THE INTERIOR, 641002
APPROVED: (Sgd.) R.D.HOLTZ Approving Officer.
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.
POWER OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA Home Office
SEATLE, WASHINGTON
No 1517
KNOW ALL MEN BY THESE PRESENTS
That the General Insurance Company of America
by R. E. BANGERT its Vice-President, in pursuance of authority
granted by Sections 3 and 4, Article V, of the By-Laws of said Company,
a copy of which sections is here to attached does hereby nominate,
constitute and appoint RICHARD H. ERICSON its true and lawful
attorney-in-fact, to make, execute, seal and deliver for and on its
behalf, and as its act and deed any and all bonds and undertaking, in
its business of guaranteeing the fidelity of persons holding places of
public or private trust and the performance of contracts other than
insurance policies, and executing and guaranteeing bonds or other
undertakings required or permitted in all actions or proceedings, or by
law required or permitted.
All such bonds and undertakings as aforesaid to be signed on behalf
of the General Insurance Company of America and the corporate seal of
the Company affixed thereto by Richard H. Ericson, individually.
And the execution of such bonds or undertakings in pursuance of these
presents shall be as binding upon said Company, as fully and amply, to
all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the Company at its
Home Officer, Seattle, Washington, in their own proper persons.
IN WITNESS WHEREOF, the said R. E. BANGERT has hereunto subscribed
his name and affixed the Corporate Seal of the said General Insurance
Company of America this 630320. (signed) R. E. Bangert Vice-President
(SEAL)
STATE OF WASHINGTON, COUNTY OF KING
On this 630320 A.D. before ths subscriber, a Notary Public of the
State of Washington in and for the County of king duly commissioned and
qualified, came R. E. BANGERT Vice-President of the General Insurance
Company of America, to me personally known to be the individual and
officer described in, and who executed, the preceding instrument, and he
acknowledged the execution of the same and being by me duly sworn,
deposeth and saith, that he is the officer of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal
of said Company, and the said Corporate Seal and his signature as such
officer was duly affixed and subscribed to the said instrument by the
authority and direction of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
Official Seal the day and year first above written.
(SEAL) (signed) Ida Dahl Notary Public
Extracts from By-Laws of the General Insurance Company of America,
adopted 230228, and amended 500427, by the Stockholders:
"Article V, Section 3 --POWERS AND DUTIES OF PRESIDENT:++++He shall
also have power and authority to designate individuals under appropriate
titles who shall be authorized to execute on behalf of the Company
fidelity and surety bonds and other documents of similar character
issued by the Company in the course of its business and who may also
have authority to attach the official seal of the Company to such
fidelity and surety bonds and documents of like character issued by the
Company in the course of its business."
"Article V, Section 4 --POWERS AND DUTIES OF VICE-PRESIDENT:++++In
the absence of the President, the Vice-President, or if more than one
Vice-President, the Vice-Presidents in the order of their election shall
perform the duties of the President, subject to the direction of the
Board of Directors. He shall also have power and authority to designate
individuals under appropriate titles who shall be authorized to execute
on behalf of the Company fidelity and surety bonds and other documents
of a similar character issued by the Company in the course of its
business and who may also have authority to attach the official seal of
the Company to such fidelity and surety bonds and documents of like
character issued by the Company in the course of its business."
I R. E. BANGERT Vice-President of the General Insurance Company of
America, hereby certify that the foregoing is a true copy of Section 3
and 4, Article V, of the By-Laws of said Company and is still in force.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name as
Vice-President and affixed the Corporate Seal of the General Insurance
Company of America, this day of 630320.
(signed) R. E. Bangert Vice-President
(SEAL)
STATE OF WASHINGTON, COUNTY OF KING,
I S. C. STRANDBERG Assistant Secretary of the General Insurance
Company of America, do hereby certify that the foregoing is a true copy
of Section 3 and 4, Article V, of the By-Laws of said Company, and is
now in force; and I do hereby that the above and foregoing Power of
Attorney is a true and correct copy of a Power of Attorney, executed by
said General Insurance Company of America, which is still in full force
and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said Company, at the City of Seattle, this day of 640901.
S. C. Strandberg Assistant Secretary
POWER OF ATTORNEY
GENERAL INSURANCE COMPANY OF AMERICA
Home Office: 4347 Brooklyn Ave. N.E. Seattle 5, Washington
STATE OF WASHINGTON
ss.
GRAYS HARBOR COUNTY
AFFIDAVIT OF SECRETARY
I, CHESTER J. CUMMINGS, secretary of Hallcum Logging Co., Inc., a
Washington corporation, do hereby certify that at a meeting of the board
of directors of the corporation, duly called, held at its office in the
City of Elma, Grays Harbor County, Washington, on 631203, at which a
quorum was present, the following resolution was unanimously adopted:
BE IT RESOLVED: That C. W. Hall, as president of the corporation, is
hereby authorized to hid at any or all auction sales of timber as he in
his own judgement deems advisable in behalf of the corporation and is
further authorized to transact such business as necessary including
entering into of contracts on behalf of the corporation if he should be
the successful bidder at such sales.
IN WITNESS WHEREOF, I have signed this certificate and affixed the
corporate seal this day of 631200.
Chester J. Cummings Chester J. Cummings, Secretary
(Corporate Seal)
SUBSCRIBED AND SWORN to before me this 631210.
Catherine E. Jackson NOTARY PUBLIC in and for the State of
(ILLEGIBLE)
(Notary Seal)
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: Lots 15 & 16, Section 3,
Township 23 North, Range 12 West, Willamette Meridian, Washington the
same being the allotment of Gideon Bright Quinault allottee No. 969, 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 $13.75 per MBM for western redcedar; $14.60 per MBM for
western white pine; $11.95 per MBM for western hemlock and other
species; cedar poles at $0.08 per lineal foot for poles 50 feet and
under; $0.11 per lineal foot for poles 55 to 60 feet; and $0.23 per
lineal foot for poles 65 feet and over, 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 640723
Witnesses:
(ILLEGIBLE)
John W. Libby
George M. Felshaw
James Hobucket, minor 2/54 int.
George M. Felshaw
Glen Hobucket, minor 2/54 int.
As authorized by Asst. Sec, of the Interior, John A. Carver, Jr. and
Acting Commissioner Graham Molase in letter of 640707.
R E F E R E N C E
Certified copies of Articles of Incorporation and By-Laws are on file
as part of the Ward #2 Logging Unit Contract No. 14-20-0510-246.
HEL-009-0521-0556
HEL-009-0521-0556
FELSHAW, G M W WASH AGENCY
640720
CORRESPONDENCE
WILCOX, E R BIA PORTLAND
RECEIVED
640724
IN REPLY REFER TO: Forestry 339.5 Bright Logging Unit
cc: Commissioner, Attn. Br. of Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
640720
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
By letter of 640528, you have submitted for approval in duplicate the
Forest Officer's Report, power of attorney, and sample form of
advertisement covering the proposed sale of timber designated as the
Bright Logging Unit on the Quinault Reservation. You have recommended
that the advertising period be reduced to 30 days in accordance with 25
CFR 141.8(b).
By letter of 640608, you have stressed the need for getting the
timber on the market although powers of attorney for two minors have not
been executed. You have requested permission to make the sale in
accordance with Public Law 88-301.
Enclosed is a copy of a letter dated 640707, from Acting Commissioner
Graham Holmes with an exception to 25 CFR, Part 141 approved by
Assistant Secretary of the Interior John A. Carver, Jr., on 640716, and
authorizing us to advertise the sale of this timber for a period of not
less than 30 days with two insertions in a newspaper of general
circulation in the vicinity of the Quinault Reservation.
You are authorized to proceed with the advertisement of the proposed
sale of allotted timber from the Bright Logging Unit on the Quinault
Reservation. The advertisement should be for a period of 30 days by
means of circular letters and posters with two insertions in the
Aberdeen Daily World. The original and two copies of the Advertising
Order, properly executed, are enclosed. Please enter the dates the
advertisement is to appear in the newspaper in the first paragraph of
the Advertising Order and mail the original and one copy to the
newspaper. Please send us copies of the advertisement and advise as to
the date it appears in the newspaper.
You have asked for instructions regarding the proper execution of
Section 1, "Authority" of the contract. You have proposed to use the
same form of contract as was used in the Harbor #4 Logging Unit,
Contract No. 14-20-0510-244. It will not be necessary to change the
form of the contract. However, you should have a power of attorney
executed by the Superintendent for the two minor heirs on Allotment 969
and quote the attached letter from Acting Commissioner Holmes and
Assistant Secretary of the Interior Carver as the authority. The
Superintendent can then sign the contract for the sellers.
Sincerely yours,
(SGD) EARLE R. WILCOX Acting Assistant Area Director
Enclosures (4)
cc: Commissioner, Attention Branch of Forestry Hoquiam Subagency
HEL-009-0557-0558
HEL-009-0557-0599
FELSHAW, G M W WASH AGENCY
640707
CORRESPONDENCE
HOLMES, G BIA CARVER, J A DOI
Forestry
640707
AIRMAIL
Mr. Robert D. Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
Your letter of 640616, provides additional information to support
your request for authority to proceed with the sale of timber on the
Bright Logging Unit, Quinault Reservation, Washington.
We understand that the proposed sale would cover an estimated 7-1/2
million board feet of timber, principally western redcedar of only fair
quality. You indicate that the current market for this timber is very
good. Powers of attorney authorizing the sale of this timber have been
obtained from all parties except from James and Glen Hobucket, two
minors, whose combined interest represents about 11 percent of the total
volume to be sold.
Section 8 of the Act of 100625 (25 U.S.C. 407), as amended by the Act
of 640430 (P.L. 88-301), authorizes the sale of timber on trust
allotments upon request of the owners of a majority Indian interest in
the land. The amended act also authorizes the Secretary to represent
any Indian owner who is a minor in consenting to the sale of timber.
Amendments to 25 CFR, Part 141, are being processed for publication
to conform with Public Law 88-301, but until they are published an
exception to the regulations is necessary to effect this sale as
recommended.
In order to take advantage of currently favorable markets, you are
hereby authorized to advertise the sale of this timber for a period of
not less than 30 days, with two insertions in a newspaper of general
circulation in the vicinity of the Quinault Reservation.
The reduction in period of advertising, from 60 days to not less than
30 days, is made pursuant to 25 CFR 141.8(b).
Sincerely yours,
(SGD) GRAHAM HOLMES ACTING Commissioner
Pursuant to authority contained in 25 CFR 1.2, an exception is hereby
made to the pertinent sections of 25 CFR 141, to permit the sale of
timber from the Bright Logging Unit, Quinault Reservation, in the manner
set forth above.
(Sgd) John A. Carver, Jr. Assistant Secretary of the Interior
Date: 640716
cc: Secretary's File Secretary's Reading File 300 BIA Surname
Forestry Chrony Mailroom Chrony Holdup
GENephart:kg 7/1/64
HEL-009-0559-0560
HEL-009-0557-0599
HOLTZ, R D BIA PORTLAND
640616
CORRESPONDENCE
WILCOX, E R BIA PORTLAND
RECEIVED
640618
IN REPLY REFER TO:
Forestry 339.5 Bright Logging Unite
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97206
640616
AIRMAIL
Commissioner, Bureau of Indian Affairs
Washington, D. C.
Attention: Branch of Forestry
Sir:
During a telephone conversation between forestry personnel of the
Washington Office and the Portland Area Office, a request was made for
additional information with regard to the request of the Superintendent,
Western Washington Agency, for authority to proceed with the sale of
timber on the Bright Logging Unit, Quinault Reservation, Washington.
We are enclosing a copy of the Forest Officer's Report by John W.
Palmer, Forester, and a copy of Superintendent Felshaw's letter of
640608, stating the facts concerning the two minors for whom there are
unsigned powers of attorney. The Superintendent requests authority to
proceed with the sale in accordance with the provisions of Public Law
88-301.
We agree with the urgency of the sale as expressed by the
Superintendent and recommend that authority be granted to the
Superintendent, Western Washington Agency, to proceed with the Bright
Logging Unit timber sale as requested by large majority Indian interest
in accordance with the provisions of Public Law 88-301.
Sincerely yours,
Earler, Wilcox Acting Assistant Area Director
Enclosures (2)
cc: Supt., Western Washington Agency Hoquiam Subagency
HEL-009-0561-0561
HEL-009-0557-0599
COMM BIA WASH DC
640608
CORRESPONDENCE
SUPT W WASH AGENCY
Forestry 339.5 Bright Logging Unit
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
640608
Mr. R. D Holtz
Area Director, Portland, Oregon
Dear Mr. Holtz:
We are undertaking a sale of timber on three allotments on the
Quinault Reservation. These allotments have been designated as the
Bright Logging Unit. The timber has been cruised and appraised. All of
the heirs have signed Powers of Attorney authorizing the sale except
James and Glen Hobucket, two minors, who each have a 2/15 interest in
the Gideon Bright Allotment.
These boys are orphans and have no legal guardian. James will be 21
next February; Glen will be 17 in August. They have a sister in Tacoma
who has signed school applications and similar papers for them, acting
as an unofficial guardian.
The timber on the Bright Unit is principally cedar of only fair
quality. The market for this class of timber is the best it has been in
years. We want to take advantage of this market. In the time it would
require to get a legal guardian appointed, the market could be gone.
There would seem to be no point in securing Powers of Attorney from
these boys or from their sister as such Powers of Attorney would have no
legal force. We could undoubtedly do so if such action should be deemed
advisable.
In the circumstances, we trust that authority to proceed with the
sale, as requested in your telegram to the Commissioner dated 640603,
will be forthcoming. A delay of several months in advertising this
timber could well result in serious loss to the owners.
Sincerely yours,
Superintendent
FOREST OFFICER'S REPORT BRIGHT LOGGING UNIT TOWNSHIP 23 NORTH, RANGE
12 WEST QUINAULT RESERVATION
A. Introduction:
The owners of the following allotments have requested that the timber
on their allotments be sold. They are located on the Quinault
Reservation, and are described as follows:
Gideon Bright, Quinault No. 969, Lots 15 & 16, Section 3, Township 23
North, Range 12 West, Willamette Meridian, Washington
Gladys B. Lee, Quinault No. 1240, Lots 17 & 18, Section 2, Township
23 North, Range 12 West, Willamette Meridian, Washington
Violet B. Black, Quinault No. 942, that portion of Lot 17, that lies
north of Highway 101, Section 3, Township 23 North, Range 12 West,
Willamette Meridian, Washington
This area contains approximately 162 acres, of which approximately
140 acres are merchantable. The owners have requested that the timber
be sold to the highest bidder at public auction.
B. Description of Area:
This area is located in the northeast part of the Queets Unit.
Highway 101 runs diagonally across the area, providing easy access to
markets. The lands to the north and west of this area have been fee
patented and logged. Thus, a system of logging roads is present for
further access. The topography slopes moderately to the northwest, and
is broken, particularly on the Gladys Lee tract, by several deep,
steep-sided canyons. The Gideon Bright tract is relatively level, with
the main slope to the west. The area supports a stand of mature and
over-mature western redcedar, western hemlock and western white pine.
The eastern part of the tract has considerable oldcedar blowdown; much
of the hemlock has broken tops. The quality of the cedar and pine is
average for the reservation, while the hemlock is below average.
Western redcedar comprises 84 percent of the volume, with western
hemlock comprising 11 percent and western white pine 5 percent.
C. Current Market Conditions:
The current log market on Grays Harbor has been relatively steady the
past year. Log prices for all species are similar to those paid a year
ago, with no indication of a change in the next few months. The demand
for western hemlock remains steady at about what it was a year ago. Log
prices for western hemlock have shown a slight increase in the No. 3
grade over last year, while prices for the higher grades have remained
firm. Prices for No. 1 grade western redcedar have shown an increase.
Some of this increase in redcedar prices may be attributable to the fact
that local shake mills are now buying logs instead of only shakeboards.
The export market is good, and indications are that the demand for
western white pine logs for export may increase during the next few
months. These factors, together with the easy access and the sale
location being suitable for winter operations, should have a favorable
influence on the bidding.
D. Recommendations:
It is recommended that the timber on this area be advertised at the
appraised rates for not less than thirty (30) days. Advertisement is to
be by four (4) insertions in the Aberdeen Daily World, a daily
newspaper, and by circular letters and posters. Sale of the timber is
to be made by sealed bids, followed by oral auction.
Sales with an estimated value of over $100,000.00 must be advertised
for not less than sixty (60) days in accordance with 25 CFR 141.8a. It
is felt that advertising in the newspaper and the wide coverage of the
circular letters will reach any interested party. The thirty (30) day
period is felt to be adequate for interested buyers to look the timber
over. Since local operators are reasonably familiar with the stand
already, no advantage would be gained by the longer advertising period.
Therefore, thirty (30) days is recommended.
E. Method of Cruise:
A 20-percent strip-plot cruise, using 1/5 acre rectangular plots, was
made by forestry personnel on the Gideon Bright and Gladys E. Lee
allotments. A 100 percent cruise was obtained on the Violet B. Black
allotment. All trees 12 inches D.B.H. and larger were tallied that
contained at least one 32-foot log.
Estimated Log Grades and Volumes:
Table not keyed, see original
F. Stumpage Appraisal:
This appraisal is based on prices paid by local mills on Grays Harbor
as of 640401.
APPRAISAL SUMMARY
Bright LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
LOG VALUES
Table not keyed, see original
Log Prices from:
Local mills as of 640401.
LOGGING COSTS
Bright LOGGING UNIT Quinault RESERVATION
1. 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 (56 miles to Grays Harbor, Port Docks)
Table not keyed, see original
Notes:
1. Direct logging and overhead cost estimates are average costs
obtained from seven 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 630812.
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 the Washington State
Formula (Ref. RG-TM-179).
Notes:
Road maintenance computed using recommended Forest Service figure of
.10 per M/Mile.
ROAD DEVELOPMENT COSTS ESTIMATE
SUMMARY
3800' length,10' road standard, new construction
Table not keyed, see original
I. Surfacing, Ballasting: Pit-run rock, 38 stations 1 1/2' depth,
loose material, 10' standard = 72.2 cu. yds./sta. 1/ 72.2 cu. yds./sta.
x 38 stations = 2,743.6 cu. yds. plus 20% for turnouts, turn-arounds,
curves 2/ = 548.7 cu. yds. Total 3,292.3 cu. yds. rounded to 3,292
Cost of Material: 15[/cu. yd. for stripping pit 3/ 10[/cu. yd. for
royalty 3/ 40[/cu. yd. for digging, loading, spreading and shaping 3/
25[/cu. yd. for 1st mile haul @26[/mi. for 1 mile 3/ 7 1/2[/cu. yd. for
2nd mile haul @15[/mi. for .5 miles 10[/cu. yd. for new construction
(green road) @25[/mi. for .4 miles $1.07 1/2/cu. yd. total rounded to
$1.08/cu. yd. 3,292 cu. yd. x $1.08/cu. yd. $3,555.36
1/ Washington State Department of Natural Resources yardage tables;
Morrison Logging Company experience - 100 to 125 cu. yds./sta; Aloha
Lumber Corporation experience 100 cu. yds./sta.
2/ Jack Norkool, chief Logging Engineer, Rayonier Inc., Hoquiam,
Washington.
3/ Minimum Cost figures quoted from Morrison Logging Company,
Raynoier Inc., Washington State Highways and Department of Natural
Resources and others.
II. Clearing & Grubbing 10' road standard, 38 stations
A. Grubbing:
Table not keyed, see original
1/ Table, Clearing & Grubbing R/W - Washington State Department of
Natural Resources.
2/ U.S.F.S. Region 6 Logging Cost Guide, Quinault Ranger District.
III. Excavation: (Blasting, drifting and grading)
Table not keyed, see original
1/ Yardage computed from Washington State Department of Natural
Resources yardage. tables; Rayonier Inc. experience 500-1,500 cu.
yds./sta. depending on on back slope.
2/ U.S.F.S. Region 6 graph for excavating costs, memo $5610, 12/8/60,
Trans, system.
IV. Falling, Bucking, Decking & Overhead of R/W Timber:
Table not keyed see original
G. Determination of Stumpage Values:
The stumpage values were determined by use of the following formula:
Table 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 considered in arriving at the margin for profit and risk.
H. Recommended Stumpage Values: (rounded to nearest five cents)
Table not keyed see original
It is recommended that the timber on the Bright Logging Unit be
advertised at the above rates.
I. Recent Market Date:
An analysis of recent sales on the Quinault Reservation is shown in
Exhibit A. These sales were made during the past year, and were not
located on a paved road which involved some road building to reach the
sale area. There was also other species besides those analysed. These
other species were of interest to the purchaser and were bid
accordingly. There have been no sales with western white pine;
consequently no analysis was made for this species.
J. Values of Forest Products:
Total Value of Entire Sale Unit
Table not keyed see original
J. Value of Forest Products: (continued)
Value by Allotment
Table not keyed see original
Date: 640427
John W. Palmer Forester
Date: 640528
CONCUR: (Sgd.) John W. Libby John W. Libby Forest Manager
Date: 640528
APPROVED: (Sgd.) SGN. W. D. BABBY ACTING Superintendent
STATISTICAL ANALYSIS Gideon Bright Al. No. 969 Net plot Volumes,
M.B.M. D. C. All Merchantable Timber Two Standard Deviations
Computations not keyed see original
STATISTICAL ANALYSIS Gladys B. Lee Al. No. 1240 MBM
Computations not keyed see original
EXHIBIT A
ANALYSIS OF INDEX SALES
WESTERN HEMLOCK
Table not keyed, see original
The above sales were offered during 630000. All are located in the
Northwest portion of the Quinault Reservation. Under conditions with
relatively limited or no competition, as represented by the Agnes Major
sale, operators apparently demand a normal margin for profit and risk,
or that allowed in the appraisal. Because of a rising cedar market,
with good demand for logs, the price for cedar on the Clyde Moses sale
was "bid-up" considerably. This also took place at the time of the
Charles Hunt sale. However, the demand for hemlock logs for export to
Japanese markets greatly influenced the bidding for this species.
The comparison of the above recommended minimum stumpage rates for
which hemlock and cedar will be advertised in the subject sale indicates
that these rates are similar to prices bid for the index sales. Past
sales in the Northwest portion of the Quinault Reservation have had
little western white pine. In most all instances, the minimum rate
stated in the advertisement was all that was offered.
APPENDIX
There is an undetermined amount of western redcedar that may be
suitable for poles within the Bright Logging Unit. These trees, which
are small and contain little board-foot volume, could bring a greater
return on a lineal foot basis as poles. Some of this material is
intermingled with the sawtimber stands. Most of it, however, is in
areas containing no merchantable sawtimber. Since an operator may
desire to remove this material as poles, a stumpage rate has been
established on a lineal foot basis.
In calculating rates for cedar poles, the same formula for
establishing minimum rates for sawlogs was used. The vagaries of the
pole market, together with the hidden defect in cedar pole stands,
combine to increase the risk. An allowance of fifteen (15) percent for
profit and risk is considered adequate to provide an operator a margin
for reasonable profit.
Estimated production costs were obtained from operators that were
working on the reservation during the past year. Costs have been
computed for each length and arranged to determine the cost for each
length class.
Table not keyed, see original
Average pole prices are the average of four pole companies in Puget
Sound and Grays Harbor for the particular length class. (Company names
and prices on file at the Hoquiam Office.)
Table not keyed, see original
It is recommended that the stumpage price per lineal foot be
established at the following rates:
50 ft. and under = $0.08 per lineal foot
55-60 ft. = $0.11 per lineal foot
65 ft. and over = $0.23 per lineal foot
BRIGHT LOGGING UNIT
Section 2 & 3, T23N, R12W, W. M.
Map not keyed, see original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
WASHINGTON
560100 O.E.P
Map not keyed, see original
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.
TO: 56
660805
File attached in file 5721-64-339 Western Washington Agency
DO NOT RETURN TO BRANCH OF FORESTRY
330
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FINAL
Report No. 8 Period from 651101 to 651130, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-249 Quinault Indian
Reservation. Mayr Bros. Logging Co., Inc. Sale Unit Deede Cleveland
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations completed. Certificate of Completion being
made. slash J. W. Palmer waste J. W. Palmer snags J. W. Palmer
improvements J.W. Palmer streams J. W. Palmer other liability None roads
J. W. Palmer audit mpi
651227
(ILLEGIBLE) Don W. Clark, Forest Manager
Approved 651228
George M. Felshaw
Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advanced Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
5-486
Report No. 7 Period from 651031 inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-249 Quinault Indian
Reservation. Mayr Bros. Logging Co., Inc. Sale Unit Deede Cleveland
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Sale is nearly completed; possibly a few certificates
and some minor contractual requirement remain.
651109
Kennith R. Miracle Kenneth R. Miracle, Forester
Approved 651109
George M. Felshaw Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
5-486
Report No. 6 Period from 650901 to 650930, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-249 Quinault Indian
Reservation. Mayr Bros. Logging Co. Inc. Sale Unit Deede Cleveland
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operator anticipates felling $12,000 value next 30
days.
651008
Kenneth R. Miracle Kenneth K. Miracle Forester
Approved 651008
(ILLEGIBLE)
Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advanced Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
5-486
Report No. 5 Period from 650801 to 650831, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-249 Quinault Indian
Reservation. Mayr Bros. Logging Co., Inc. Sale Unit Deede Cleveland
Table not keyed, see original
1. Is the sale being properly administered?
Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers?
Yes
3. Remarks: Operations should continue at the same level next 30
days.
650913
(Date of report.)
John W. Libby
(Signature of officer making report.) John W. Libby, Forest Manager
Approved 650913
John W. Libby
(Signature of approving officer.) Acting Superintendent
(Title)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
5-486
Report No. 4 Period from 650701 to 650731, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-249 Quinault Indian
Reservation.
Mayr Bros. Log. Co. Sale Unit Deede Cleveland
Table not keyed see original
1. Is the sale being properly administered?
Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers?
Yes
3. Remarks: Weather permitting operations should continue next
month.
650812
(Date of report.)
John W. Libby
(Signature of officer making report.) John. W. Libby, Forest Manager
(Title)
Approved 650812
Illegible
(Signature of approving officer.) Acting Superintendent
(Title)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Deposits" should appear the amounts which have
been collected from the purchaser. Likewise opposite "Deductions for
timber scaled and reported" should appear the value of the timber scaled
which has been deducted from "Advance Payments" and "Advance Deposits."
Opposite "Balances" should appear the balances on hand in "Advance
Payments" and "Advance Deposits." The "Value of timber cut and not
reported" should be deducted from the "Advance Deposit" balance and the
resultant amount shown opposite the "Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
5-486
Report No. 3 Period from 650601 to 650630, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-249
Quinault Indian Reservation.
Mayr Bros. Logging Co., Inc.
Sale Unit Deede Cleveland
Table not keyed see original
1. Is the sale being properly administered?
Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers?
Yes
3. Remarks: Operations are expected to begin around 000701.
650707
(Date of report.)
John W. Libby
(Signature of officer making report.) John W. Libby, Forest Manager
(Title.)
Approved 650707
George M. Fishlaw
(Signature of approving officer.) Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Deposits" should appear the amounts which have
been collected from the purchaser. Likewise opposite "Deductions for
timber scaled and reported" should appear the value of the timber scaled
which has been deducted from "Advance Payments" and "Advance Deposits."
Opposite "Balances" should appear the balances on hand in "Advance
Payments" and "Advance Deposits." The "Value of timber cut and not
reported" should be deducted from the "Advance Deposit" balances and the
resultant amount shown opposite the "Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 2 Period from 650501 to 650531, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-249
Quinault Indian Reservation.
Mayr Bros. Log. Co. Inc.
Sale Unit Deede Cleveland
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Contractor is ready to begin operations.
650609
John W. Libby
(Signature of officer making report.)
John W. Libby, Forest Manager
Approved 650609
(ILLEGIBLE)
(Signature of approving officer.) Superintendent
INSTRUCTIONS
Reports on this form should be made convering each timber sale unit
in operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 1 Period from to 650228, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-249
Quinault Indian Reservation.
Mayr Bros. Log. Co. Inc.
Sale Unit Deede Cleveland
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Logging should start the middle of next month.
650302
(Date of report.)
John W. Libby
(Signature of officer making report.)
John W. Libby, Forest, Manager
Approved 650302
(ILLEGIBLE)
(Signature of approving officer.) Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
HEL-009-0562-0599
HEL-009-0557-0599
HOLTZ, R D BIA PORTLAND
660113
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.5 D. Cleveland Unit
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
660113
Mayr Bros. Logging Co., Inc. Route 3, Box 508 Hoquiam, Washington
Gentlemen:
Enclosed is Report of Timber Cut - Final, and Certificate of
completion covering your operations on the Deede Cleveland Logging Unit,
Quinault Reservation.
Operations have been completed in accordance with the terms of the
contract. You are relieved of any liability under the timber sale
contract arising subsequent to 660106.
The balance of $5,937.24 remaining is your advance deposit account is
being refunded under seperate cover. Treasury bonds posted as
performance bond were delivered in person on 660110 to Mr. E. F. Carlson
at your office.
Sincerely yours,
Sgd. George M. Felshaw Superintendent
Enclosures
cc - Forestry, PAO (2)
HEL-009-0600-0600
HEL-009-0600-0604
MAYR BROS LOGGING CO
660106
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
IN REPLY REFER TO: Forestry 64-7-15 - 339.5 Deede Cleveland
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
660106
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 651228, you have enclosed in duplicate the
Certificate of Completion and Final Report of Timber Cut covering the
operations of Mayr Brothers Logging Company on the Deede Cleveland
Logging Unit, Quinault Reservation, Washington.
You state that all requirements under the Deede Cleveland Logging
Unit Contract No. 14-20-0510-249 have been completed by the purchaser.
You request authority to notify the purchaser of relief of further
liability under the contract, to refund the balance of $5,937.24
remaining in Advance Deposit Account, and to return the Treasury Bonds
furnished by the purchaser as a performance bond.
We have examined all documents and find them to be in proper order.
You are authorized to notify Mayr Brothers Logging Company, Purchaser,
that it is relieved of any liability under the Deede Cleveland Logging
Unit timber sale contract arising subsequent to the date of this letter.
You are also authorized to refund to the Mayr Brothers Logging Company
the unobligated balance now on deposit with you in connection with the
Deede Cleveland Logging Unit timber sale contract, and to return to Mayr
Brothers Logging Company the Treasury Bonds in the total amount of
$7,000 furnished in lieu of bond. Treasury Bonds No. 822B, $1,000, No.
424041A, $1,000, and No. 48627H, $5,000 have been returned to you be
registered letter dated 660105.
Please send me two copies of your letter to Mayr Brothers Logging
Company advising of sale completion and relief of contract liability.
Sincerely yours,
(Sgd.) A. W. Galbraith
A. W. Galbraith Assistant Area Director (Economic Development)
cc: Commissioner, Attn. Br. of Forestry w/enclosures (4) Hoquiam
Subagency
HEL-009-0601-0601
HEL-009-0600-0604
FELSHAW, G M W WASH AGENCY
651228
CORRESPONDENCE
FELSHAW, G M BIA W WASH AGENCY
IN REPLY TO:
Forestry-339.5 D. Cleveland Unit
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington
651228
Mr. R. D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
Enclosed, in duplicate, are Certificate of Completion and Report of
Timber Cut - Final, covering the operations of Mayr Bros. Logging
Company on the Deede Cleveland Logging Unit, Quinault Reservation.
Operations of the contractor have been completed in accordance with
the terms of the contract. Authority is requested to notify the
contractor that he is relieved of further liability under the contract
and to refund to him the balance of $5,937.24 which remains in his
Advance Deposit Account. Authority is also requested to return the
Treasury Bonds the purchaser furnished as a performance bond.
Sincerely yours, (ILLEGIBLE) Superintendent
Enclosures
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
490200
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 19--
Indian Office file No. Cont, 14-20-0510-249
Deede Cleveland Logging unit
Contract approved 641002 Expires 651231
Land status Allotted
Description RSE 1/4, Sec, 7, T23N, R12W, W.M. Wash
Allotment No. 1028
Name of allottee Deede Cleveland
Western Washington Agency
Quinault Reservation
Mayr Bros. Logging Co., Inc. 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.
Mayr Bros. Logging Co., Inc. by: Warmer Mayr (Pres.)
651220
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
651223
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.) George M. Felshaw Superintendent
651228
Disposition of Money
ILM Accounts $43,400.46
U. S. Treasury (Fees) $4,822.27
I certify that the operations of Mayr Bros. Logging Co., Inc.,
contractor on Contract No. 14-20-0510-249 on the Deede Cleveland
Allotment No. 1028, 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-009-0602-0604
HEL-009-0600-0604
HOLTZ, R D BIA PORTLAND
641002
CORRESPONDENCE
HOLTZ, R D BIA PORTLAND
RECEIVED
641009
IN REPLY REFER TO: Forestry 339.5 Deeda Cleveland
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
641002
Dear Mr. Felshaw:
With your letter dated 640929, you submitted for approval the
original and five copies of the contract and appurtenant documents
covering the sale of timber from the Deede Cleveland Logging Unit,
Quinault Reservation.
Included as security were the following numbered Federal Bonds:
1. Serial No. 822B $1,000
2. Serial No. 424041A $1,000
3. Serial No. 48627H $5,000
We have examined all of the documents and they appear to be in proper
order. The contract and bond are approved as of this date. The bonds
have been transmitted to the Portland Branch, Federal Reserve Bank of
San Francisco, and as stated on the attached copy of the letter of
transmittal dated 641002, the recurring proceeds from coupons, when due,
will be paid directly to Mayr Brothers Logging Company, Inc., owner of
the bonds. We have attached a copy of the letter transmitting the bonds
to the Federal Reserve Bank to each copy of the contract.
We are returning the original and three copies of the Deeda Cleveland
Logging Unit Contract No. 14-20-0510-249 with related papers for proper
distribution. Two copies have been retained, one for our files and one
to be forwarded to the Washington Office.
Sincerely yours,
(Sgd.) R. D. Holtz Area Director
Enclosures (4)
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
w/enclosures (4)
RECEIVED
641009
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Allotment
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Deede Cleveland 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 the
heirs of Deede Cleveland hereinafter called the Seller, as represented
by the Superintendent of the Western Washington Indian Agency and Mayr
Bros. Logging Company, Inc. of Hoquiam, 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, alla 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 631231.
6. Unit Description. This unit is located in E1/2 SE1/4 Section 7,
Township 23 North, Range 12 West, Willamette Meridian, Washington
NOTE: Italic type to be deleted if inapplicable. 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 $6,000.00
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 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 diamter as practicable.
The log lengths shall be varied so as to secure the greatest possible
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.
13. Cutting Schedule.
(a) Minimum Annual Cut. The Purchaser shall cut and pay for not less
than during the Calendar year 19 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. Logs cut under this contract shall be scaled
by established Scaling and Grading Bureaus acceptable to the Approving
Officer, in accordance with official log scaling and grading rules
effective 620301, 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 to
timber covered by this contract until approved by the Approving Officer.
NOTE: Italic type to be deleted if inapplicable.
14. Volume Determination (Cont.)
(b) Scaling of Logs. In lieu of scaling procedures stipulated in
Section 7(c) of the Standard Provisions, 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.
Table not keyed, see original
(c) Indian Bureau Scaling. When the contract provides for scaling by
the Scaling and Grading Bureaus, Section 7(a) of Standard Provisions
shall not apply as long as the Scaling Agreement is in effect, but that
the Indian Bureau reserves the right to scale and waste scale at any
time it believes it to be necessary.
(d) 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.
(e) Scale Reports. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(f) 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 portion of the truck receipt
shall be retained by the purchaser and turned in to the Officer in
Charge as he shall direct. The ticket portion of the receipt 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
is delivered and to collect and mail said receipts to the Officer in
Charge.
Portland Area - Western Washington Insert to Form 5-611, Contract No.
14-20-0510-249
14. Volume Determination (Cont.)
(g) 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.
(h) Bureau Scaling. All scaling of logs by the Grays Harbor Log
Scaling and Grading Bureau shall be in accordance with the Scaling
Agreement between the Bureau of Indian Affairs and the Grays Harbor Log
Scaling and Grading Bureau, a copy of which is on file at the Hoquiam
Sub-Agency Offices of the Western Washington Indian Agency, Hoquiam,
Washington. The Scaling Agreement may be terminated by either party at
any time after 90 days written notice to the other party, provided the
commitments made prior to termination shall be fulfilled. The following
general conditions shall apply to Scaling Bureau scaling:
(1) The purchaser shall make arrangements for scaling services with
the Grays Harbor Log Scaling and Grading Bureau and shall pay for
stumpage cut on the Deede Cleveland Logging Unit, Quinault Indian
Reservation on the basis of the log scale as determined by the Scaling
Bureau.
(2) Payment for scaling services to the Scaling Bureau shall be made
by the purchaser, and the Bureau of Indian Affairs assumes no
responsibility in this regard.
(3) The purchaser shall brand, with a State registered brand, all
logs as directed by the Forest Officer in Charge. A log brand assigned
to logs from any Bureau of Indian Affairs sale area shall not be used on
logs from any other sale area until approved by the Officer in Charge.
(4) The purchaser shall furnish the Bureau of Indian Affairs an
imprint of the brand in advance of use.
(5) The purchaser shall deliver all logs from the sale area to points
of scaling acceptable to the Scaling Bureau and approved in writing by
the Superintendent or his authorized representative. Changes in scaling
points must be approved by the Bureau of Indian Affairs in advance of
making the change.
Portland Area - Western Washington Insert to Form 5-611, Contract No.
14-20-0510-249
(6) The Bureau of Indian Affairs will check scale Indian timber at
intervals to be determined by the Superintendent or his authorized
representative, and in the event such check scales show a variance in
volume of + five (5) percent, the Bureau of Indian Affairs will request
the Scaling Bureau to make a re-scale. In the event the Scaling Bureau
deems it necessary to demand remuneration for the cost of making
re-scales, the purchaser agrees to pay to the Scaling Bureau the cost of
such services. The purchaser agrees to cooperate with the Bureau of
Indian Affairs in providing conditions satisfactory to making check
scales.
Insert to Form 5-611, Contract No. 14-20-0510-249 Portland Area -
Western Washington
(b) Additional Timber.
None
15. Slash and Snag Disposal.
Slash. Section 9(a) and 9(b) of the Standard Provisions shall not
apply.
snag. See Section 9(c) of the Standard Provisions. In addition, any
non-merchantable partially dead tree, meeting the diameter and height
specifications of Section 9(c) that creates a fire hazard, shall also be
felled.
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
$7,000.00 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 well 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 640831
PURCHASER
Witnesses:
John W Palmer 620 E. 2nd St Oberdeen Wash. (ILLEGIBLE) Hoquiam,
Wash.
MAYR BROS. LOGGING COMPANY, INC. By Werner Mayr
SELLER
(Signed) George M. Felshaw
APPROVING OFFICER
Approved: 641002
Name (Sgd.) R. D. Holtz Title Area Director
If Purchaser is a corporation, the following certificate must be
executed:
I, J. Mayr, certify that I am the selected Secretary of the
corporation named as the Purchaser herein; that Werner Mayr 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.
J. Mayr
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
BOND
Deede Cleveland Logging Unit Quinault Reservation Contract No.
14-20-0510-249 Mayr Bros. Logging Company, Inc.
640925
KNOW ALL MEN BY THESE PRESENTS, That we, the Mayr Bros. Logging
Company Inc., of the City of Hoquiam and State of Washington, as
obligor, are held and firmly bound unto the United States of America, in
the penal sum of Seven Thousand Dollars ($7,000.00) lawful money of the
United States, for the payment of which sum, well and truly to be made
to the United States, without relief from valuation or appraisement
laws, we bind ourselves, our successors and assigns, firmly by these
presents.
The condition of the above obligation is such that if the said
above-bounden Mayr Bros. Logging Company, Inc., or successors, shall
well and truly perform all and singular the promises contained in a
certain agreement executed by them on the 640831, and hereto attached,
then this obligation shall be void; otherwise to remain in full force
and effect.
The above-bounden obligor, in order the more fully to secure the
United States in the payment of the aforementioned sum, hereby pledges
as security therefor, in accordance with the provisions of Section 1126
of the Revenue Act of 260000, as amended, securities in the principal
sum of Seven Thousand Dollars ($7,000.00), which said securities are
numbered serially, are in the denominations and amounts, and are
otherwise more particularly described as follows:
Treasury Bond #424041A in the amount of $1,000.00; Treasury Bond
#822B in the amount of $1,000.00; and Treasury Bond #48627H in the
amount of $5,000.00. together with all unmatured interest coupons
attached, which said securities have this day been deposited with the
Area Director, Bureau of Ind. Affairs, and his receipt taken therefor.
Contemporaneously herewith the undersigned have also executed and
delivered an irrevocable power of attorney and agreement in favor of the
Commissioner of Indian Affairs, authorising and empowering said officer
as such attorney to collect or sell the above-described security so
deposited, or any part thereof, in case of any default in the
performance of any of the above-named conditions or stipulations.
BOND (Continued)
IN WITNESS WHEREOF, This bond has been signed, sealed, and delivered
by the above-named obligor, this day of 640925.
MAYR BROS. LOGGING COMPANY, INC.
(ILLEGIBLE)
Warner Mayr, Pres.
Signed, Sealed and delivered in the presence of:
Kay Filyaw
(Name)
814 Kan Ave, Haquiam Wash.
(ILLEGIBLE)
466 Cedar Hoquiam Wash.
Approved:
Date 641002
(Sgd.) R. D. HOLTZ Area Director
(Title of Approving Officer)
POWER OF ATTORNEY (Continued)
In witness whereof the Mayr Bros. Logging Company, Inc., the
corporation hereinabove named, by Warner Mayr, its President, duly
authorized to act in the premises has executed this instrument and
caused the seal of the corporation to be hereto affixed this day of
640925.
MAYR BROS. LOGGING COMPANY. INC.
By Warner Mayr
Warner Mayr, Pres.
Before me, the undersigned, a notary public within and for the County
of Gray Harbor, in the State of Washington personally appeared Warner
Mayr and for and in behalf of said Mayr Bros. Logging Company Inc.,
corporation, acknowledged the execution of the foregoing power of
attorney.
William John Ryberg
Notary Public
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 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: E1/2SE1/4 Section 7,
Township 23 North, Range 12 West, Willameta Meridian, Washington the
same being the allotment of Deede Cleveland Quinault allottee No. 1028,
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 $16.00 per MBM for western redcedar; $10.00 per MBM for
western hemlock; $10.50 per MBM for Pacific silver fir; and $15.25 per
MBM for Sitka spruce 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 of in accordance with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration.
Place Queets, Wash.
Date 640605
Witnesses:
Vernon F. Halbert
John W. Palmer
Alfred Williams
Alfred Williams 1/6 int.
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: E1/2SE1/4 Section 7,
Township 23 North, Range 12 West, Willamette Meridian, Washington the
same being the allotment of Deede Cleveland Quinault allottee No. 1028,
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 $16.00 per MBM for western redcedar; $10.00 per MBM for
western hemlock; $10.50 per MBM for Pacific silver fir; and $15.25 per
MBM for Sitka spruce 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 Queets, Washington
Date 640514
Witnesses:
John W. Palmer
Illegible Line
John W. Palmer
Illegible Line
John W. Palmer
Illegible Line
Taft Williams
Taft Williams 2/6 int.
Illegible Line
Leta Rose Williams Charles 1/6 int.
Lucille W. Johnson
Lucille Johnson 1/6 int.
Witnesses:
Vernon S. Halbert
John W. Palmer
Charles Ray Williams
Charles Ray Williams 1/6 int.
SPECIAL MEETING OF BOARD OF DIRECTORS
of
MAYR BROS. LOGGING CO. INC.
640820
BE IT REMEMBERED that a special meeting of the Board of Directors of
Mayr Bros. Logging Co. Inc., was held at the usual place of business
this day of 640820, at the hour of 2 o'clock P. M.
Present at the meeting were the following directors, namely:
WERNER MAYR
J. MAYR
MARZELL MAYR
CLARK W. ADAMS
Minutes of the previous meeting were read and approved.
The following resolution was introduced and unanimously adopted:
RESOLUTION
BE IT RESOLVED that the President, Werner Mayr and/or the
Vice-President, Marzell Mayr, be and they are hereby authorized to bid
on Deede Cleveland sale allotment, and enter into a contract with the
Bureau of Indian Affairs for the purchase of said allotment.
BE IT FURTHER RESOLVED that the President, Werner Mayr and/or the
Vice-President, Marzell Mayr, and each of them, are authorized to enter
into negotiations and purchase said timber, including the signing and
execution of all contracts, papers or documents necessary to complete
said sale.
The affairs of the Company were discussed and there being no further
business the meeting adjourned.
(ILLEGIBLE)
Werner Mayr, President
J. Mayr
J. Mayr, Secretary
I, J. MAYR, the duly elected Secretary of Mayr Bros. Logging Co.
Inc., do hereby certify that the foregoing is a true and correct copy of
the minutes of the special meeting of the Board of Directors of Mayr
Bros. Logging Co. Inc., held on the day of 640820.
DATED this day of 640923.
J. Mayr
J. Mayr
ORAL AUCTION SALE OF TIMBER
DEEDE CLEVELAND LOGGING UNIT QUINAULT INDIAN RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Deede Cleveland Logging Unit", addressed to the
Superintendent, Western Washington Sub-Agency, Hoquiam Washington, will
be received until 1:30 p.m., Pacific Daylight Time, 640825, and will be
considered the equivalent of oral auction bids and posted for the
information of all bidders. Oral auction bids will be received by the
Superintendent or his authorized representative at the Hoquiam City Hall
Building, Hoquiam, Washington, beginning at 2:00 p.m. Pacific Daylight
Time, 640825, for the purchase of timber on a tract within the Quinault
Indian Reservation designated as the Deede Cleveland Logging Unit. Oral
auction bidding will be restricted to those who have previously
submitted an acceptable sealed bid in accordance with this notice. This
unit is more specifically described as the E1/2SE1/4 Section 7, Township
23 North, Range 12 West, Willamette Meridian, Washington, containing 80
acres. This unit contains an estimated stand to be cut of 1,427,000
board feet of western redcedar; 1,002,000 board feet of western
hemlock; 520,000 board feet of Pacific silver fir; and 80,000 board
feet of Sitka spruce and other species, which estimates are not
guaranteed. 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 $17.15 per M feet, B.M., for
western redcedar; $11.20 per M feet, B.M., for western hemlock; $11.65
per M feet, B.M., for Pacific silver fir; and $16.35 per M feet, B.M.,
for Sitka spruce and other species. 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 Four Hundred Dollars ($4,400.00) 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. The deposit of the successful
bidder will be applied as part of the purchase price against timber cut
on this unit only, or retained as liquidated damages if the bidder shall
not execute the contract and furnish a satisfactory bond in the amount
of Seven Thousand Dollars ($7,000.00) within thirty (30) days of
acceptance of his bid. The purchaser will be required to enter into a
road use agreement with Mayr Bros. Logging Company for access to the
subject timber; copies of the agreement are on file in the Hoquiam
Office. The contract will specify that all designated timber shall be
cut and removed from the unit by 651231, 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. An advance payment of fifteen (15) percent of the total
value, calculated at the bid price, must be made within thirty (30) days
of approval of the contract. The contract shall further specify that
the purchaser will leave the boundaries and corners of the sale area
well marked at the completion of the contract. The contract will
provide further that in the event trust or other restrictions are
removed from the allotment, or any fractional part thereof, subsequent
to the execution of the contract, the purchaser will make direct payment
for timber cut, less fees for administrative expenses, to the owner (or
owners) of the unrestricted interests. Fees for administrative expenses
will continue to be made directly to the Bureau of Indian Affairs.
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 98201, or his representative at Room 206, Post Office
Building, Hoquiam, Washington 98550, or the Area Director, Bureau of
Indian Affairs, Portland Area Office, P. O. Box 3785, Portland, Oregon
97208. Dated this 640717, at Portland, Oregon. Perry E. Skarra,
Assistant Area Director.
DEEDE CLEVELAND E1/2SE1/4, Sec. 7, T23N R12W.
Map not keyed see original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION WASHINGTON 560100
Map not keyed see original
Finance
541002
REGISTERED MAIL RETURN RECEIPT REQUESTED
Portland Branch Federal Reserve Bank of San Francisco Post Office Box
3456 Portland, Oregon 97208
Gentlemen:
There are enclosed three 2-1/2% Treasury Bonds of 1967-72 together
with Form B for safekeeping with your bank. These bonds have been
furnished by Mayr Brothers Logging Company, Inc., to guarantee the full
and faithful performance of all conditions of Timber Contract
14-20-0510-249 for logging in the Deede Cleveland Unit, Quinault
Reservation.
Table not keyed see original
The coupons are due and payable 000615 and 001215 of each year. This
is your standing authority to detach, redeem and credit recurring
proceeds from coupons on the above described bonds. Proceeds are to be
remitted by Treasury check to the owner, Mayr Brothers Logging Company,
Inc., Hoquiam, Washington.
Thank you for your cooperation.
Sincerely yours,
(Sgd.) R. D. HOLTZ Area Director
Enclosure 4
cc: Branch of Forestry (4)
ABSTRACT of proposals received at Hoquiam, Washington 640825 for Sale
of Timber, Deede Cleveland Logging Unit, Quinault Reservation 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 listing
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. None
which was considered and abstracted or eliminated for consideration for
reasons appearing elsewhere on the abstract or in report attached
hereto.
ILLEGIBLE ACTING Superintendent ...MAILING LIST .Deede Cleveland Log.
Unit ............................ .
.....................................................#Size of Sale ....
. ...1. Aberdeen Alders, Inc. Box 16, Aberdeen, Wash. 1 2 3
........... . ...2. Aloha Lumber Corp. Aloha, Wash. ..............1 2
3 ........... . ...3. G. T. Anderson .601 W. Cushing, Aberdeen, Wash.
2 3 ........... . ...4. Glean Anderson .Box 56, Smith River, Calif.
.....2 3 ........... . ...5. Anderson & Middleton Log. Co. Box 80,
Aberdeen, Wash. 1 2 3 ... . ...6. John Andrews .Rt. 4, Box 68,
Hoquiam, Wash. 2 3 ................ . ...7. Angeles Shake & Shingle
.405 So. Alder, Port Angeles, Wn. 2 3 .. . ...8. D. Walter Austin
.1920 Rainier Ave., Aberdeen, Wn. 1 2 3 ...... . ...9. Norman Barnes
& Co., Inc. 413 Norton Bldg., Seattle 4, Wn. 2 3 . ...10. Raymond
Beach .137 Lake Vista Ave., Weatlake, ................. . Daly City,
Calif. 1 2 3 ............................................... . ...11.
Beck & Company .Rt. 3, Box 557, Centralia, Wash. 1 2 3 ........ .
...12. Bell Log. Co. 617 Hill Road, Aberdeen, Wn. 1 2 ...............
. ...13. George Bertrand .Clearwater, Wash. 2 3
........................ . ...14. Ted Bialkoski .Rt. 1, Box 594,
Montesano, Wn. 2 3 ............. . ...15. E. K. Bishop Lbr. Co.
Aberdeen, Wash. 2 3 ..................... . ...16. Blagen Tbr. Co. P.
O. Box 240, Hoquiam, Wash. 1 2 ............ . ...17. Bolma Truck
Service .2708 Main Street, Forest Road, Ore. 1 2 3 . ...18. L. H.
Bradshaw .Napavine, Wash. 1 2 3 ......................... . ...19.
Bridge Bros. Box 115, Hamilton, Wash. 2 3 .................... .
...20. Don Brotherson .Rt. 3, Box 220, Centralia, Wash. 2 3 .........
. ...21. Buchanan Lbr. Co. P. O. Box 396, Olympia, Wash. 1 2
.......... . ...22. N. Burrill .801 W. Street, Anacortes, Wash. 2 3
............... . ...23. California Creek Log. Co. Route 1, Blaine,
Wash. 1 2 3 ....... . ...24. Bob Carl .Clearwater, Wash. 2 3
............................... . ...25. D. J. Caulkins .Box 21,
Forks, Wash. 2 3 ...................... . ...26. Cedar Supply Co.
Humptulips, Wash. 3 ......................... . ...27. Century Shake,
Attn: J. Phelps .P. O. Box 747, Copalis ........ . Crossing, Wn. 3
....................................................... . ...28. City
Lbr. Co. of Bridgeport Inc. Attn: Everett Wright, ....... . 2130 SW
Fifth, Portland, Ore 1 2 3 .................................... .
...29. Gene Coates .Forks, Wash. 1 2 3 ...............................
. ...30. Howard E. Conkle .2646 34th West, Seattle 99, Wn. 1 2
......... . ...31. George Coultas .Box 307, Winslow,
............................. . Bainbridge Island, Wash. 2 3
.......................................... . ...32. Crown Zellerbach
Corp. Port Angeles, Wash. 1 ................. . ...33. Daniels Cedar
Products Inc. 110 Bishop St., Aberdeen, Wash. 2 . ...34. Davidson Log
Co. Alaska Division, Box 1355, .................. . Ketchikan, Alaska
1 2 ................................................. . ...35. Floyd
Dickinson .204 So. Lincoln, Port Angeles, Wn. 1 2 3 ..... . ...36.
Dickman Lbr. Co. 2423 Ruston Way, Tacoma, Wash. 1 2 .......... .
...37. Diinmel, Martin .Box147, Forks, Wash. 3 .......................
. ...38. Dullenty, D. L. 5 "A" St., NW, Auburn, Wash. 2 3
............. . ...39. Durham Log. Co. 3114 Pacific Ave., Hoquiam,
Wn. 1 2 3 ........ . ...40. Ellward, William .Emerson Hotel, 701
Simpson, ................. . Hoquiam, Wash. 2 3
.................................................... . ...41. Elma
Ply. Corp. P. O. Box 275, Elma, Wash. 2 3 ............... . ...42.
Esses Log. Co. Quinault, Wash. 1 2 3 ......................... .
...43. Evans Harbor Products .Box 1036, Aberdeen, Wash. 1 2 3 ........
. ...44. Everett Ply. & Door Corp. P. O. Box 909, Everett, Wash. 1 2
.. . ...45. Forbes Log. Co. Rt. 2, Box 101, Amanda Park, Wash. 2 3
....... . ...46. Fox Log. Co. 1005 West 5th, Port Angeles, Wn. 1 2 3
.......... . ...47. Frontier Log. Co. Box 187, Forks, Wash. 1 2
.................. . ...48. Mrs. W. A. Fuller .Queets Motel,
Clearwater, Wash. 2 .......... . ...#1 - Sawtimber, 10 million board
feet and over ..................... . ...2 - Small sales, 1 to 10
million board feet ........................ . ...3 - Small Slavage
sales, under 1 million board feet ................ . ...49. Charles
Gagnon .627 East 5th, Port Angeles, Wash. 1 2 3 ....... . ...50.
Graham Shake & Shingle .Rt. 3, Box 1108, Hoquiam, Wash. 2 ..... .
...51. Patrick Gray .1424 SE 53rd, Portland 15, Ore. 1 2 3 ...........
. ...52. Grays Harbor Veneer Corp. P. O. Box 239, Hoquiam, Wash. 1 2
.. . ...53. Green Log. Co. 141 Viewcrest, Hoquiam, Wash. 1 2 3
........... . ...54. Green Fir Log. Co. Rte. 2, Box 97, Tillamook,
Ore. 1 2 3 ...... . ...55. John J. Gwin .Route 1, Box 126, Hoquiam,
Wash. 2 3 ............ . ...56. H & H Products .Bellingham Hotel,
Bellingham, Wn. 1 2 3 ....... . ...57. Harbor Plywood Corp. P. O. Box
940, Aberdeen, Wash. 1 2 ...... . ...58. George Hawks, Huffman Motors
.123 East 1st, Aberdeen, Wash. 1 2 . ...59. F. R. Henry Log. Co. Box
357, Forks, Wash. 1 2 ............... . ...60. Don Holland .1511 Bay
Ave., Aberdeen, Wash. 1 2 3 ............. . ...61. Hoquiam Ply. Co.,
Inc. P. O. Box 737, Hoquiam, Wash. 2 ....... . ...62. O. C. House
.Rt. 1, Box 329, Elma, Wash. 3 .................... . ...63. Ildstad,
Thomas W. 1530 Initial Ave., Enumclaw, Wash. 2 ...... . ...64. John
Impola, Daily Journal of Commerce, .83 Columbia St., ..... . Seattle 4,
1 2 ........................................................ . ...65.
International Paper Co. Woodlands Dept., Longview, Wash. 1 2 3 .
...66. J & K Log. Co. Star Route 1, Box 270, Forks, Wash. 1 2 3 .....
. ...67. Johnson Bros. Inc. P. O. Box 206, Concrete, Wash. 1 2 3
...... . ...68. Harvey Johnson .Box 787, Castle Rock, Wash. 2 3
............... . ...69. Stanley L. Johnson .Rt. 1, Box 232, Oakville,
Wash. 1 2 3 ..... . ...70. Kaiser Aluminum .2000 E. Columbia Way,
Bldg. #10, ............. . Vancouver, Wash. 1 2 3
................................................ . ...71. Walter
Kandoll .Banfield, B. C., Canada 2 3 ................... . ...72.
Wendell Keene .c/o the Aberdeen World, Aberdeen 1 2 3 ......... .
...73. Clarence Kemp .General Delivery, Forks, Wash. 1 2 3 ...........
. ...74. Kramer Log. Co. Box 4281, Portland, Ore. 97208 1 2 3
......... . ...75. Lawrence G. Kramer .5214 NE Wistaria Dr., Portland
1 2 3 ...... . ...76. Vincent C. Kretz .3617 74th, Mercer Island,
Wash. 1 2 3 ....... . ...77. Kingsley Lbr. Co. Box 6215, Linnton
Station, ................. . Portland 10, Oregon 1 2
............................................... . ...78. Jack Kreider
.214 Columbus, Port Angeles, Wash. 1 2 3 ......... . ...79. George
Kron .Rt. 1, Box 564, Montesano, Wash. 2 3 ............. . ...80. Bud
Kuhn .Rt. 3, Box 425, Mt. Vernon, Wash. 2 3 ............... . ...81.
Lamb's Log. Co., Inc. Box 566, Forks, Wash. 1 2 .............. .
...82. Latimer & Sons, Inc. Box 427, Woodlawn, Wash. 1 2 3 ..........
. ...83. Lindner, Eugene A. Rt. 4, Box 67, Snohomish, Wash. 1 23 3
.... . ...84. Littlerock Lbr. Co. Box 8, Littlerock, Wash. 1 2 3
........... . ...85. Lyons Log. Co. Box 716, Forks, Wash. 1 2 3
................... . ...86. M & D Tbr. Co. Sol Duc Hot Springs, Port
Angeles 1 2 ......... . ...87. Marenakos Log. Co., Inc. Morton, Wash.
1 2 ................... . ...88. Manes Log. Co. P. O. Box 107,
Clallam Bay, Wash. 1 2 ......... . ...89. Martinson, George C. 1912
W. 6th St., Aberdeen, Wash. 1 2 33 . . ...90. Mayr Bros. Log. Co.
Rt. 3, Box 508, Hoquiam, Wash. 1 2 ....... . ...91. McDonald Log. Co.
Box 37, Amanda Park, Wash. 1 2 3 ........... . ...92. McKay, Arthur R.
1324 BelAire, Aberdeen, Wash. 1 2 3 ......... . ...93. McLeod, Daniel
F. 18770 Ave. 23 1/2, Chowchilla, Calif. 1 2 3 . ...94. Merrill &
Ring, Western Lbr. Co. P. O. Box 30, Port Angeles, .. . Wash. 1 2
............................................................. . ...95.
E. C. Miller Lbr. Co. P. O. Box 1080, Aberdeen, Wash. 1 2 .... .
...Size of Sale .......................................................
. ...96. W. H. Miller .12007 NE Fargo Court, Portland 20, 1 2 3
........ . ...97. Millman Lbr. Co. P. O. Box 293, Pacific Beach,
Wash. 2 3 ..... . ...98. Morrison Log. Co. Box 1019, Aberdeen, Wash.
1 2 3 ........... . ...99. Mundy & Ford Log. Co. Forks, Wash. 2 3
...................... . ...100. George Music .c/o Eliza Emfun,
Randle, Wash. 2 3 ............ . ...101. S. A. Newman, Forest
Engineers .P. O. Box 156, Everett, Wash. . 1 2 3
................................................................. .
...102. Ralph Nims .Box 343, Winlock, Wash. 3 .......................
. ...103. P & M Lbr. Co. 521 Bel Aire Ave., Aberdeen, Wash. 2 3
...... . ...104. Pacific Lbr. & Shipping Co. 620 Washington Bldg.,
Seattle 1, . 1 2 3
................................................................. .
...105. Parrino Bros. Rt. 2, Box 207, Enumclaw, Wash. 1 2 3 ........
. ...106. Arne J. Peterson .112 Colorado, Box 115, Longview, Wn. 1 2
.. . ...107. Peninsula Ply. Corp. P. O. Box 311, Port Angeles, Wash.
1 2 3 . ...108. Robert Plant .Humptulips, Wash. 1 2 3
....................... . ...109. Pope & Talbot, Inc. Port Gamble,
Wash. 1 2 3 ............... . ...110. Walter T. Plumb .Copalis Beach,
Wash. 2 3 ................... . ...111. Puget Sound Ply. Inc. 230
East F St., Tacoma, Wash. 1 2 .... . ...112. Puget Sound Pulp &
Timber Co. Bellingham, Wash. 1 2 ........ . ...113. Rayonier Inc.
Box 539, Hoquiam, Wash. 1 2 3 ................ . ...114. Clark Reed
.Box 54, Quinault, Wash. 2 3 ..................... . ...115. ROA
Construction Co. 2118 Mill Avenue, Bellingham, Wash. .... . 1 2 3
................................................................. .
...116. George M. Rogers .1009 State, Raymond, Wash. 2 3 ............
. ...117. Robert L. Rogers .Rt. 4, Box 274, Olympia, Wash. 2
.......... . ...118. Fred Root .Box 698, Hoquiam, Wash. 1 2 3
.................... . ...119. S & M Lbr. Co. Rt. 3, Box 915, Oregon
City, Ore. 1 2 3 ..... . ...120. Saginaw Shingle Co. Finch Building,
Aberdeen, Wash. 1 2 3 .. . ...121. Salmon Creek Log. Co. Box 157,
Woodland, Wash. 1 2 3 ....... . ...122. Scott PaperCo. Everett,
Wash. 1 2 .......................... . ...123. Seaboard Lbr. Co. P.
O. Box 1947, Seattle 11, Wash. 1 2 .... . ...124. Calvin Siddle .Box
21, La Conner, Wash. 1 2 3 ............... . ...125. Jack Simpson
.3812 Wetmore, Everett, Wash. 1 2 3 ............ . ...126. Francis
Smith .1920 Pacific Avenue, Aberdeen, Wash. 1 2 ..... . ...127. J. T.
Spradlin .645 Chenault, Hoquiam, Wash. 2 3 ............ . ...128.
Stanwood Lbr. Co. Stanwood, Wash. 1 2 3 .................... .
...129. Superior Shake Co. Box 456, Concrete, Wash. 1 2 3 ..........
. ...130. Paul Wonderly, Res. Mgr., St. Regis Paper Co., St Paul &
..... . Tacoma
................................................................ .
Division, 1220 St. Paul Ave., .........................................
. Tacoma, Wash. 98401 .1 2 3
............................................ . ...131. Perry N. Stoner
.Rt. 3, Box 376, Shelton, Wash. 1 2 3 ........ . ...132. Tacoma
Narrows Lbr. Inc. P.O. Box 176, Steilacoom, Wash. .... . 1 2 3
................................................................. .
...133. Taylor & Bruckart, Inc. Industrial Forestry & Forest Products
. P. O. Box 567, Bremerton, Wash. 1 2 3
................................. . ...134. Clay Thomas, Thomas Lbr.
Co. Klamath Falls, Ore. 1 2 3 ...... . ...135. R. J. Ultican Remfg.
Co. P.O. Box 305, Aberdeen, Wash. 1 2 3 . ...136. Valley Eight Log.
Co. De p River, Wash. 2 ................... . ...137. Clarence
Vanderjack .3700 SW Upper Dr., Lake Oswego, Ore. .... . 1 2 3
................................................................. .
...138. Bill Wampler .Box 134, Chiloquin, Ore. 1 2 3 .................
. ...139. Washington Pulp & Tbr. Co. P.O. Box 712, Copalis Crossing,
.. . Wn. 2 3
.............................................................. .
...140. Clif Webster .535 W. 16th, Port Angeles, Wash. 1 2 3 .........
. ...141. Bill Wells .Box 12, Silverdale, Wash. 1 2 3
.................. . ...142. Jim W. Wells Log. Co. Rt. 3, Box 1160,
Hoquiam, Wash. 2 3 ... . ...143. West Coast Orient .201 NW Second
Avenue, Portland 9, 1 2 3 ... . ...144. West Coast Ply. Co. P.O. Box
1180, Aberdeen, Wash. 1 2 3 .... . ...145. West Tacoma Newsprint Co.
P.O. Box 8, Stielacoom, Wash. ..... . 1 2 3
................................................................. .
...146. Western Forest Industries Assn. 2319 Lloyd Center, Portland 12
. Ore. 1 2 3
............................................................ . ...147.
Western Lbr. Inc. Box 240, Aberdeen, Wash. 1 2 3 ............ .
...148. Weyerhaeuser Co. P.O. Box 1645, Tacoma 1, Wash. 1 2 3 .......
. ...149. Williamson Log. Co. Rt. 3, Box 890, Hoquiam, Wash. 1 2 3
.... . ...150. Wilson & Sutton .8305 Lewis River Road, Ariel, Wash. 1
2 3 ... . ...151. Womer Bros. Log. Co. Amanda Park, Wash. 1 2 3
............... . ...152. K. B. Wood & Assoc. Inc. 601 Dekum Bldg.,
Portland 4, Ore. .. . 1 2 3
................................................................. .
...153. Arthur A. Yerkes .106 Jefferson St., Aberdeen, Wash. 2 ......
. ...154. Herb York .Rt. 2, Box 769H, Marysville, Wash. 1 2 3
.......... . ...155. Roy York .1232 Railroad, Shelton, Wash. 2 3
.................. . ...156. Joe Zedrick .1109 East Wishkah, Aberdeen,
Wash. 1 2 3 ........ .
POST OFFICES AT: Aberdeen, Aloha, Amanda Park, Centralia, Chehalis,
Clallam Bay, Copalis Beach, Copalis Crossing, Elma, Forks, Hoquiam,
McCleary, Montesano, Neah Bay, Olympia, Pacific Beach, Port Angeles,
Port Townsend, Quilcene, Sequim, Shelton, Tacoma, Taholah, Washington.
OTHER AGENCIES: Colville, Northern Idaho, Yakima and Warm Springs.
FOREST OFFICER'S REPORT DEEDE CLEVELAND LOGGING UNIT TOWNSHIP 23
NORTH, RANGE 12 WEST QUINAULT RESERVATION
A. Introduction:
The owners of the Deede Cleveland allotment No. 1028, described as
E1/2SE1/4 Section 7, Township 23 North, Range 12 West, Willamette
Meridian, Washington, have requested that the timber on this allotment
be sold to the highest bidder at public auction. This allotment is
located on the Quinault Reservation, and contains 80 acres, of which
approximately 55 acres are merchantable.
B. Description of Area:
This allotment is located in the Wolf Creek drainage, in the
northwest portion of the Quinault Reservation. This drainage bisects
the allotment from east to west, and forms a deep, steep-sided ravine,
with slopes up to 20 percent. Mayr Bros. mainline truck road crosses
the northeast corner of the area, and runs along the east side, while a
spur logging road crosses the northern portion into lands to the west of
this area. This road system provides access to Highway 101
approximately 2.3 miles to the north, then approximately 58 miles over
Highway 101 to Grays Harbor.
The northern 25 acres supports a stand of non-merchantable pine and
cedar. This non-merchantable stand is on fairly level ground, and
extends to the break-off into the creek. The ravine which the creek
runs through supports a stand of mature and over-mature western
redcedar, western hemlock, Pacific silver fir and Sitka spruce of
average quality for reservation stands. Western redcedar comprises 47
percent of the volume, while western hemlock comprises 33 percent,
Pacific silver fir 17 percent and Sitka spruce 3 percent. The soil is a
gravelly clay, and for the most part, drainage is good. The location of
the area in the lower elevations makes it relatively snow free in the
winter. This, together with the easy access, makes the area a good
"winter show".
C. Current Market Conditions:
The current log market on Grays Harbor has been relatively steady the
past year. Log prices for all species are similar to those paid a year
ago, with no indication of a change in the next few months. The demand
for western hemlock remains steady at about what it was a year ago. Log
prices for this species have shown a slight increase in the No. 3 grade
over last year, while prices for the higher grades have remained firm.
Prices for No. 1 and No. 2 western redcedar logs have shown an increase,
due possibly to the fact local shake mills are now buying logs instead
of only shakeboards. The export market is good, and indications are
that the demand for Sitka spruce will stay at the current level. These
factors, together with the easy access and sale location being suitable
for winter operations, should have a favorable influence on the bidding.
D. Recommendations:
It is recommended that the timber on this area be advertised at the
appraised rates for not less than thirty (30) days. Advertisement is to
be by four (4) insertions in the Aberdeen Daily World, a daily
newspaper, and by circular letters and posters. Sale of the timber is
to be made by sealed bids, followed by oral auction.
E. Method of Cruise:
A 30-percent strip-plot cruise, using 1/5 acre rectangular plots, was
made by forestry personnel. All trees 12 inches D.B.H. and larger were
tallied that contained at least one 32-foot log.
Estimated Log Grades and Volumes
Table not keyed see original
F. Stumpage Appraisal:
This appraisal is based on prices paid by local mills on Grays Harbor
as of 640401.
APPRAISAL SUMMARY
Deede Cleveland LOGGING UNIT, Quinault RESERVATION
Table not keyed see original
LOG VALUES
Table not keyed see original
Log Prices from Eleven manufacturing plants and export companies on
Grays Harbor as of 640401. Establishments contacted include sawmills,
veneer & plywood plants, shingle & shake mills and an export company.
LOGGING COSTS
Deeds Cleveland LOGGING UNIT
Quinault RESERVATION
Table not keyed, see original
Notes:
1. Direct logging and overhead cost estimates are average costs
obtained from seven 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 630812.
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 the Washington State
Formula (Ref. R6-TM-179).
Notes:
.3 Road use fees established by Mayr Bros. Logging Company include
road maintenance. Copies of road use agreement on file at Hoquiam
Sub-Agency Office.
Table not keyed, see original
ROAD DEVELOPMENT COST ESTIMATES
SUMMARY
15 stations, new construction, 12' road standard
I. Surfacing - ballasting:
Pit-run rock, 15 stations - 1,800 cu. yds. $2,700.00
II. Clearing & Grubbing:
Clearing - 0.76 acres = $262.50
Grubbing - 1.50 acres = $456.00 $ 718.50
III. Excavation: blasting, drifting and grading:
Unclassified material - 4,815 cu. yds. $1,926.00
IV. Falling, bucking, decking and burden:
E/W timber - $2,692 bd. ft. $1,008.00
V. Drainage - culverts $ 219.00
Sub-Total $6,571.50
VI. Engineering & contingencies $ 657.15
Total Gross Cost $7,228.65
VII. Less Falling, bucking, decking and burden (ITEM IV)$1,008.00
VIII. Net Cost plus allowances for profit and risk $6,220.65
IX. Less allowances for profit and risk $ 811.39
X. Total net development cost $5,409.26
Total cost/1 + op - $6,220.65/115%
$5,409.26 divided by 3,032 MBM = $1.78/MBM $5,409.26 divided by 15
stations = $360.62/sta. $360.62/Sta. times 52.8 Sta./Mi. =
$19,043.74/Mile.
Road Development Costs continued:
I. Surfacing - ballasting: Pit-run, 15 stations, 12' road standard
20" depth, loose material = 100 cu. yds./sta. 1/ 100 cu. yds./Sta. x 15
stations = 1,500 cu. yds. plus 20% 2/ for turnouts, turn-arounds,
curves = 300 cu. yds.
Total 1,800 cu. yds.
Cost of material: 25[/cu. yd. for royalty & stripping of pit 3/
40[/cu. yd. for digging, loading, spreading and shaping 3/ 25[/cu. yd.
for 1st mile haul, which includes 750' of new construction @25[ per mile
60[/cu. yd. for four mile haul @15[/cu.yd./mile, which includes one
adverse grade $1.50/cu.yd. 1,800 cu. yds. x $1.50/cu. yd. $2,700.00
1/ Washington State Department of Natural Resources yardage tables;
Morrison Logging Company experience 100-125 cu. yds./sta.; Aloha Lumber
Corporation experience 100+ cu. yds./sta.
2/ Experience of Mr. Jack Norkool, Chief Logging Engineer, Rayonier
Inc. of Hoquiam, Wash.
3/ Minimum cost figures quoted from Morrison Logging Company;
Rayonier Inc. Washington State Department of Highways and Department of
Natural Resources; and others.
Road Development Costs Continued:
II. Clearing & Grubbing:
12' road standard, 15 stations
A. Clearing:
Average slopes of 10-40% = 0.10 Acre/Sta. 1 0.10 Acre/Sta. x 15
stations = 1.50 acres
B. Grubbing:
12' road + 6' shoulders + 4' ditching = 22' road bed 22' road bed x
15 stations = 33,000 sq. ft. 33,000 sq. ft. divided by 43,560
sq.ft./Acre = 0.758 acres
C. Costs for Clearing & Grubbing:
Table not keyed, see original
1 Table, Clearing & Grubbing R/W - Washington State Department of
Natural Resources.
2. U.S.F.S. Region 6 Logging Cost Guide; Quinault Ranger District.
3. Bids for approaches at Tabelah for new highway bridge over
Quinault River, Washington State Department of Highways - 1962:
Table not keyed, see original
III. Excavation: (blasting, drifting and grading) Unclassified
material 12' road standard - total new construction, 15 stations Average
slopes of 10-40% - 321 cu. yds./sta. 1/ 321 cu. yds./sta. x 15 stations
= 4,815 cu. yds. 4,815 cu. yds. x $0.40/cu. yd. $1,926.00 (See
footnotes following page)
Road Development Costs continues: Footnotes for proceding page:
1/ Yardage tables - Washington State Department of Natural Resources.
Rayonier Inc. experience 500-1500 cu. yds./sta.depending on backslope.
2/ U.S.F.S. Region 6 graph for excavating costs - memo $5610, 601208,
Transportation System.
IV. Falling, Bucking, Decking & Burden of R/W timber:
Table not keyed, see original"
1/ From Item II - Clearing.
2/ From Cruise inventory - merchantable volume.
3/ From U.S.F.S. Timber Handbook, Quinault Ranger District.
V. Drainage - culverts:
Table not keyed, see original
1/ Washington State Department of Natural Resources timber appraisal
experience.
G. Determination of Stumpage Values:
The stumpage values were determined by use of the following formula:
S = V/1.OP = C
1. Western redcedar: $55.95/1.10 - $33.72 $17.17
2. Western hemlock: $47.09/1.08 - $32.38 $11.22
3. Pacific silver fir: $47.56/1.08 - $32.38 $11.66
4. Sitka spruce and other species: $53.64/1.10 - $32.39 $16.37
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 considered in arriving at the margin for profit and risk.
H. Recommended Stumpage Values (rounded to nearest five cents):
Table not keyed, see original
It is recommended that the timber on the Deeds Cleveland Logging Unit
be advertised at the above rates.
I. Recent Market Data:
An analysis of recent sales on the Quinault Reservation is shown in
Exhibit A. These sales were made during the past year under similar
market conditions as exist today. With the exception of two of theses
sales, they were not located on a road, consequently some road
construction was necessary to reach the sale area. These sales all had
other species besides those analysed, some of which were of particular
interest to the purchaser and were bid accordingly.
J. Value of Forest Products:
Table not keyed, see original
Date: 640701
Date: 640715
Date: 640715
John W. Palmer Forester
CONCUR:
Sgd. John W. Libby Forest Manager
APPROVED:
(Sgd.) George M. Felshaw Superintendent
Exhibit A
ANALYSIS OF INDEX SALES
Western redcedar
Table not keyed, see original
These sales were all made during the past year, under market
conditions similar to present conditions. They are all located in the
northwest portion of the Quinault Reservation, with two of them located
on a paved highway, and the rest within a few hundred feet of a
gravelled logging road or paved highway. Under conditions with
relatively limited or no competition, as represented by the Agnes Major,
Queets #2 and Harlow #4 Sales, operators apparently demand a normal
margin for profit and risk, or that allowed in the appraisal. Because
of a rising cedar market, with a good demand for logs, the price for
cedar on the Clyde Moses Sale was bid up considerably. The demand for
hemlock logs for export to Japanese markets greatly influenced the
bidding on the Ward #2 Sale. This also was true for Pacific silver fir
on the same sale. While the demand for Sitka spruce for export is
steady, only sales with a large volume tends to have any bidding on this
species. Where spruce is the minor species, it has been bid at the
minimum rate.
The comparison of the above recommended minimum stumpage rates, for
which these species will be advertised in the subject sale, indicates
that these rates are similar to prices bid for the index sales.
STATISTICAL ANALYSIS not keyed, see original
DREDE CLEVELAND E1/2SE1/4 Sec. 7, T23N R12W.
Map not keyed, see original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
WASHINGTON 560100 O.E.P.
Map not keyed, see original
FILE 5722 640000 Western Washington
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.
660808
TO: 566
File attached in file 5722-64-339, Western Washington
DO NOT RETURN TO BRANCH OF FORESTRY 330
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 5
Period from 650601 to 650630, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-248
Quinault Indian Reservation.
Taylor Bros. Log. Co.
Sale Unit Queets #3
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers?
Yes
3. Remarks: Sale is complete except for a few scale certificates
yet to come in. Final scale should be in 650710.
650707 (Date of report.)
Approved 650707
John W. Libby (Signature of officer making report)
John W. Libby, Forest Manager (Title)
George M. Felshaw (Signature of approving officer.)
Superintendent (Title)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." The "Value of timber cut and not
reported" should be deducted from the "Advance Deposit" balance and the
resultant amount shown opposite the "Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 4
Period from 650501 to 650531, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. cont. 14-20-0510-248
Quinault Indian Reservation.
Taylor Bros. Log. Co.
Sale Unit Queets #3
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers?
Yes
3. Remarks: Operations are nearly complete. Cleaning up landings
and odd patches of timber remain. Volume next month should be small and
sale should be complete by the end of the month.
650608 (Date of report)
Approved 650608
John W. Libby (Signature of officer making report.)
John W. Libby, Forest Manager (Title)
(illegible) (Signature of approving officer.)
ACTING Superintendent (Title)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." The "Value of timber cut and not
reported" should be deducted from the "Advance Deposit" balance and the
resultant amount shown opposite the "Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report No. 3
Period from 650401 to 650430, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-248
Quinault Indian Reservation.
Taylor Bros. Log. Co.
Sale Unit Queets #3
Table not keyed, see original
1. Is sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers?
Yes
3. Remarks: Operations will be slower next month. Sale is in the
process of winding up. Isolated patches are being picked up now.
650510
Approved 650510
John W. Libby (Signature of officer making report.)
John W. Libby, Forest Manager
George M. Felshaw (Signature of approving officer)
Superintendent (Title)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." The "Value of timber cut and not
reported" should be deducted from the "Advance Deposit" balance and the
resultant amount shown opposite the "Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 2
Period from 650301 to 650331, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Contl 14-20-0510-248 Quinault Indian
Reservation. Taylor Bros. Logging Co. Inc. Sale Unit Queets #3
Table not keyed, see original
1. Is the sale being properly administered: Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers: Yes (Include unnecessary damage to
young growth or standing timber; needless cutting of unmarked trees;
complete and proper utilisation of all market or designated trees;
brush disposal; precaution against fire; other provisions of the
contract; all Indian Service regulations.)
3. Remarks: Operations should continue at the same rate next month.
Volume (Include reasons for suspension of sale, if not in progress;
any information which should be brought to the attention of will be
heavily cedar. the officer in charge not covered in preceding answers;
in final report recommendation that the sale be closed, with or without
refund.)
650405
Approved 650405
John W. Libby (Signature of officer report.) John W. Libby, Forest
Manager ILLEGIBLE LINE (Signature of approving officer.) Superintendent
(Title.)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits." should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opossite the
"Net balance in and advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 1
Period from ,19 to 650228, inclusive.
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-248
Quinault Indian Reservation. Taylor Bros. Logging Co. Inc. Sale Unit
Queets #3 (Name of purchaser)
Table not keyed see original
1. Is the sale being properly administered? Yes (Cover duties of
forest officer which have not been performed, including the marking of
the boundaries of the sale; requiring the proper order in cutting;
requiring brush disposal to follow cutting systematically; the scaling
of merchantable timber used for construction; in what particular can
administration of sale be improved.)
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? (Include unnecessary damage to
young growth or standing timber; needless cutting of unmarked trees;
complete and proper utilization of all market or designated trees;
brush disposal; precaution against fire; other provisions of the
contract; all Indian Services regulations.)
3. Remarks: Logging is scheduled to start the first of next month.
(Include reasons for suspension of sale, if not in progress; any
information which should be brought to the attention of the officer in
charge not covered in proceding answers; in final report recommendation
that the sale be closed, with or without refund.)
650302 (Date of report)
Approved 650302
John W. Libby (Signature of officer making report.) John W. Libby,
Forest Manager
ILLEGIBLE LINE (Signature of approving officer.) Superintendent
(Title)
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
HEL-009-0605-0663
HEL-009-0605-0663
FELSHAW, G M W WASH AGENCY
650914
CORRESPONDENCE
WALTON, P J
TO: 650914
Please file brief No. 4564-65 in File No. 5722-64-339, Western
Washington, Queets # 3 Logging Unit.
PLEASE DO NOT RETURN TO BRANCH OF FORESTRY
PJWalton 330
HEL-009-0664-0664
HEL-009-0664-0672
650817
CORRESPONDENCE
WILCOX, E R BIA PORTLAND
RECEIVED 650902
IN REPLY REFER TO:
Forestry 64-7-2-339.5 Queets #3 Log. Unit 5722-64
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
650817
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 650813, request authorization to close the Queets
#3 Logging Unit sale, Quinault Indian Reservation, Washington. You have
enclosed in duplicate the Final Report of Timber Cut and Certificate of
Completion covering operations of Taylor Brothers Logging Company,
Purchaser for Timber Sale Contract No. 14-20-0510-248.
You state that operations of the contractor have been completed in
accordance with the terms of the contract. You request authority to
close the sale, refund the balance of $780.15 remaining in the advance
deposit account of the contractor and to notify the contractor and
surety that they are relieved of further liability under the contract.
We have examined all documents and find them to be in order.
You are hereby authorized to notify Taylor Brothers Logging Company,
Purchaser, and the Hartford Accident and Indemnity Company, Surety on
the bond, that they are relieved of any liability under the Queets #3
Logging Unit timber sale contract arising subsequent to the date of this
letter. You are also authorized to refund to Taylor Brothers Logging
Company the unobligated balance now on deposit with you in connection
with the Queets #3 Logging Unit timber sale contract.
Please send us copies of your letter to the purchaser and the surety
advising them of sale completion and relief of contract liability.
Sincerely yours,
(SGD) EARLE R. WILCOX Acting Assistant Area Director
cc: Commissioner, Attn. Br. of Forestry w/enclosures (3) Hoquiam
Subagency
HEL-009-0665-0665
HEL-009-0664-0672
FELSHAW, G M W WASH AGENCY
650825
CORRESPONDENCE
LIBBY, J W W WASH AGENCY
RECEIVED
650924
Forestry 339.5 Queets #3 - Quinault
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
650825
Taylor Bros. Logging P.O. Box 635 Hoquiam, Washington
Gentlemen:
Enclosed are Scale Report, Report of Timber Cut - Final, and
Certificate of Completion covering your operations in the Queets #3
Logging Unit, Quinault Reservation.
Operations have been completed in accordance with the terms of the
contract. You and your Surety, the Hartford Accident and Indemnity
Company are relieved of any liability under the timber sale contract
arising subsequent to 650817.
The balance of $780.15 remaining in your advance deposit account is
being refunded under separate cover.
Sincerely yours,
(Sgd.) John W. Libby ACTING Superintendent
Copy to: Hartford Accident and Indemnity Portland Area Office - 2
HEL-009-0666-0666
HEL-009-0664-0672
TAYLOR BROS LOGGING
650813
CORRESPONDENCE
ACT SUPT W WASH AGENCY
Forestry 339.5 Queets #3 - Quinault
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
650813
Mr. R. D. Holtz Area Director, Portland, Oregon
Dear Mr. Holtz:
Enclosed in duplicate are Certificate of Completion and Report of
Timber Cut - Final covering the operations of Taylor Bros. Logging
Company on the Queets #3 Logging Unit, Quinault Indian Reservation.
Operations of the contractor have been completed in accordance with
the terms of the contract. Authority is requested to notify the
contractor that he is relieved of further liability under the contract
and to refund to him the balance of $780.15 which remains in his Advance
Deposit Account.
Sincerely yours, Acting Superintendent
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Report No. 6-Final
Period from 650701 to 650710, inclusive
REPORT OF TIMBER CUT
Indian Office File No. Cont. 14-20-0510-248
Quinault Indian Reservation.
Taylor Brothers Logging Company
Sale Unit Queets #3
Table not keyed, see original
1. Is the sale being properly administered? Yes
2. Is the purchaser complying with the terms of the sale, and the
instructions of the forest officers? Yes
3. Remarks: Operations completed. Certificate of Completion being
made.
Slash J W Palmer Waste J W Palmer
Snags W Palmer Improvements J W Palmer
Streams J W Palmer Other Liability None
Roads J W Palmer Audit Mji
650813
Approved 650813
John W. Libby Forest Manager
(ILLEGIBLE) Acting Superintendent
INSTRUCTIONS
Reports on this form should be made covering each timber sale unit in
operation. The report should be rendered in duplicate at the end of
each month, the original forwarded to the Indian Office, and a copy
retained for the agency file. Opposite "Collections from contractor to
date" and under "Advance Payments" and "Advance Deposits" should appear
the amounts which have been collected from the purchaser. Likewise
opposite "Deductions for timber scaled and reported" should appear the
value of the timber scaled which has been deducted from "Advance
Payments" and "Advance Deposits." Opposite "Balances" should appear the
balances on hand in "Advance Payments" and "Advance Deposits." The
"Value of timber cut and not reported" should be deducted from the
"Advance Deposit" balance and the resultant amount shown opposite the
"Net balance in advance deposits."
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
490200
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
Timber statement (final) 650813
Western Washington Agency
Indian Office file No. Cont. 14-20-0510-248
Quinault Reservation
Queets #3 Logging unit
Taylor Bros. Logging Contractor
Contract approved 641002 Expires 650630
Land status: Tribal
Description Lots 19, 20 and 22, Section 4, Township 23 North, Range
13 West, W.M., Washington
Name of Allottee Tribal
Table not keyed, see original
CONTRACTOR'S CERTIFICATE
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.
TAYLOR BROS. LOGGING by: (ILLEGIBLE)
Dated 650805
INSPECTOR'S CERTIFICATE
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 650809
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.) James R. Keaton ACTING Superintendent
Dated 650813
DISPOSITION OF MONEY
U.S. TREASURY TRIBAL ACCOUNT
U.S. TREASURY - FEES, SALE OF TIMBER
$24,317.86 2,701.99
I certify that the operations of Taylor Bros. Logging, contractor on
Contract No. 14-20-0510-248 on the Queets #3 Logging Unit, Quinualt
Tribal, have been satisfactorily completed in accordance with the terms
of the contract.
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.
M. Patience Isom, Forestry Clerk
HEL-009-0667-0671
HEL-009-0664-0672
HOLTZ, R D BIA PORTLAND ORE
641002
CORRESPONDENCE
HOLTZ, R D BIA PORTLAND
RECEIVED
641009
Forestry 339.5
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:
Your letter of 640925, submitted for approval the original and six
copies of the contract and appurtenant documents covering the sale of
timber from the Queets #3 Logging Unit, Quinault Reservation.
We have examined all of the documents and they appear to be in proper
order. The contract and bond have therefore been approved.
We are returning the original and four copies of the Queets #3
Logging Unit Contract No. 14-20-0510-248 with related papers for proper
distribution. Two copies have been retained, one for our files and one
to be forwarded to the Washington Office.
Sincerely yours,
(Sgd.) R.D. HOLTZ Area Director
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
w/enclosures (5) Copy contract, Abstract of Bids, Mailing List, Our let.
000824 to Agency, Agency let. 000825 to purchaser
HEL-009-0672-0672
HEL-009-0664-0672
FELSHAW, G M W WASH AGENCY
640825
CORRESPONDENCE
LIBBY, J W W WASH AGENCY
RECEIVED
641009
Forestry 339.5 Queets No. 3 Unit
Western Washington Agency 1620 Hewitt Avenue Beverett, Washington
98201
640825
Taylor Brothers Logging Company 510 Simpson Avenue Hoquiam,
Washington
Gentlemen:
Your bid per MBM of $11.95 for western redcedar, $13.90 for western
hemlock, $14.25 for Pacific silver fir, and $18.25 for Sitka spruce and
other species was accepted 640824, by the Area Director, Portland Area
Office, Bureau of Indian Affairs, for timber on the Queets No. 3 Logging
Unit, Quinault Indian Reservation.
In accordance with the advertisement, you have thirty days from that
date to execute the contract for the purchase of this timber and to
furnish a satisfactory bond in the amount of $5,000.00.
You may get the necessary contract and bond forms at our office on
the second floor of the Post Office Building in Hoquiam. Mr. Don Clark,
Assistant Forest Manager, will be glad to assist you in the preparation
of the contract and supporting documents.
Sincerely yours,
Sgd. John W. Libby Acting Superintendent
cc: Portland Area Office (2)
HEL-009-0673-0673
HEL-009-0673-0709
TAYLOR BROS LOGGING
640824
CORRESPONDENCE
HOLTZ, R D BIA PORTLAND
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
640824
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 640820 you submitted the Proposal to Purchase
and Abstract of Bids received for the advertised sale of timber from a
tract within the Quinault Reservation designated as the Queets #3
Logging Unit. The only bid received was submitted by Taylor Brothers
Logging Company of Hoquiam, Washington and you recommend acceptance of
the bid.
We have examined the submitted documents and find them to be in
agreement with the advertisement. You may advise Taylor Brothers
Logging Company that their bid per MBM of $11.95 for western redcedar,
$13.90 for western hemlock, $14.25 for Pacific silver fir, and $18.25
for Sitka spruce and other species was accepted as of the date of this
letter. Please proceed with the execution of the contract in accordance
with the advertisement.
The mailing list for invitations to quote was not attached to the
Abstract of Proposal, so please forward two copies at your earliest
convenience.
Sincerely yours,
(Sgd.) R. D. Holtz Area Director
cc: Hoquiam Subagency Washington Office
ABSTRACT of proposals received at Hoquiam, Washington 640818 for Sale
of Timber, Queets #3 Logging Unit, Quinault Reservation 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 listing.
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. W. D. BABBY Acting Superintendent
MAILING LIST
Queets #3 Log. Unit
Size of Sale - 2
#Size of Sale
1. Aberdeen Alders, Inc. Box 16, Aberdeen, Wash. 1 2 3
2. Aloha Lumber Corp. Aloha, Wash. 1 2 3
3. G. T. Anderson 601 W. Cushing, Aberdeen, Wash. 2 3
4. Glenn Anderson Box 56, Smith River, Calif. 2 3
5. Anderson & Middleton Log. Co. Box 80, Aberdeen, Wash. 1 2 3
6. John Andrews Rt. 4, Box 68, Hoquiam, Wash. 2 3
7. Angeles Shake & Shingle 405 So. alder, Port Angeles, Wn. 2 3
8. D. Walter Austin 1920 Rainier Ave., Aberdeen, Wn. 1 2 3
9. Norman Barnes & Co., Inc. 413 Norton Bldg., Seattle 4, Wn. 2 3
10. Raymond Beach 137 Lake Vista Ave., Westlake, Daly City, Calif.
1 2 3
11. Beck & Company Rt. 3, Box 557, Centralia, Wash. 1 2 3
12. Bell Log. Co. 617 Hill Road, Aberdeen, Wn. 1 2
13. George Bertrand Clearwater, Wash. 2 3
14. Ted Bialkoski Rt. 1, Box 594, Montesano, Wn. 2 3
15. E. K. Bishop Lbr. Co. Aberdeen, Wash. 2 3
16. Blagen Tbr. Co. P. O. Box 240, Hoquiam, Wash. 1 2
17. Bolma Truck Service 2708 Main Street, Forest Road, Ore. 1 2 3
18. L. H. Bradshaw Napavine, Wash. 1 2 3
19. Bridge Bros. Box 115, Hamilton, Wash. 2 3
20. Don Brotherson Rt. 3, Box 220, Centralia, Wash. 2 3
21. Buchanan Lbr. Co. P. O. Box 396, Olympia, Wash. 1 2
22. N. Burrill 801 W. Street, Anacortes, Wash. 2 3
23. California Creek Log. Co. Route 1, Blaine, Wash. 1 2 3
24. Bob Carl Clearwater, Wash. 2 3
25. D. J. Caulkins Box 21, Forks, Wash. 2 3
26. Cedar Supply Co. Humptulips, Wash. 3
27. Century Shake, Attn: J. Phelps P. O. Box 747, Copalis Crossing,
Wn. 3
28. City Lbr. Co. of Bridgeport Inc. Attn: Everett Wright, 2130 SW
Fifth, Portland, Ore. 1 2 3
29. Gene Coates Forks, Wash. 1 2 3
30. Howard E. Conkle 2646 34th West, Seattle 99, Wn. 1 2
31. George Coultas Box 307, Winslow, Bainbridge Island, Wash. 2 3
32. Crown Zellerbach Corp. Port Angeles, Wash. 1
33. Daniels Cedar Products Inc. 110 Bishop St., Aberdeen, Wash. 2
34. Davidson Log. Co. Alaska Division, Box 1355, Ketchikan, Alaska
1 2
35. Floyd Dickinson 204 So. Lincoln, Port Angeles, Wn. 1 2 3
36. Dickman Lbr. Co. 2423 Ruston Way, Tacoma, Wash. 1 2
37. Diimmel, Martin Box 147, Forks, Wash. 3
38. Dullenty, D. L. 5 "A" St., NW, Auburn, Wash. 2 3
39. Durham Log. Co. 3114 Pacific Ave., Hoquiam, Wn. 1 2 3
40. Ellward, William Emerson Hotel, 701 Simpson, Hoquiam, Wash. 2 3
41. Elma Ply. Corp. P. O. Box 275, Elma, Wash. 2 3
42. Esses Log. Co. Quinault, Wash. 1 2 3
43. Evans Harbor Products Box 1036, Aberdeen, Wash. 1 2 3
44. Everett Ply. & Door Corp. P. O. Box 909, Everett, Wash. 1 2
45. Forbes Log. Co. Rt. 2, Box 101, Amanda Park, Wash. 2 3
46. Fox Log. Co. 1005 West 5th, Port Angeles, Wn. 1 2 3
47. Frontier Log. Co. Box 187, Forks, Wash. 1 2
48. Mrs. W. A. Fuller Queets Motel, Clearwater, Wash. 2
#1 - Sawtimber, 10 million board feet and over
2 - Small sales, 1 to 10 million board feet
3 - Small salvage sales, under 1 million board feet
Size of Sale
49. Charles Gagnon 627 East 5th, Port Angeles, Wash. 1 2 3
50. Graham Shake & Shingle Rt. 3, Box 1108, Hoquiam, Wash. 2
51. Patrick Gray 1424 SE 53rd, Portland 15, Ore. 1 2 3
52. Grays Harbor Veneer Corp. P. O. Box 239, Hoquiam, Wash. 1 2
53. Green Log. Co. 141 Viewcrest, Hoquiam, Wash. 1 2 3
54. Green Fir Log. Co. Rte. 2, Box 97, Tillamook, Ore. 1 2 3
55. John J. Gwin Route 1, Box 126, Hoquiam, Wash. 2 3
56. H & H Products Bellingham Hotel, Bellingham, Wn. 1 2 3
57. Harbor Plywood Corp. P. O. Box 940, Aberdeen, Wash. 1 2
58. George Hawks, Huffman Motors 123 East 1st, Aberdeen, Wash. 1 2
59. F. R. Henry Log. Co Box 357, Forks, Wash. 1 2
60. Don Holland 1511 Bay Ave., Aberdeen, Wash. 1 2 3
61. Hoquiam Ply. Co., Inc. P. O. Box 737, Hoquiam Wash. 2
62. O. C. House Rt. 1, Box 329, Elma, Wash. 3
63. Ildstad, Thomas W. 1530 Initial Ave., Enumclaw, Wash. 2
64. John Impola, Daily Journal of Commerce, 83 Columbia St., Seattle
4, 1 2
65. International Paper Co. Woodlands Dept., Longview, Wash. 1 2 3
66. J & K Log. Co. Star Route 1, Box 270, Forks, Wash. 1 2 3
67. Johnson Bros. Inc. P. O. Box 206, Concrete Wash. 1 2 3
68. Harvey Johnson Box 787, Castle Rock, Wash. 2 3
69. Stanley L. Johnson Rt. 1, Box 232, Oakville, Wash. 1 2 3
70. Kaiser Aluminum 2000 E. Columbia Way, Bldg. #10, Vancouver,
Wash. 1 2 3
71. Walter Kandoll Banfield, B.C., Canada 2 3
72. Wendell Keene c/o the Aberdeen World, Aberdeen 1 2 3
73. Clarence Kemp General Delivery, Forks, Wash. 1 2 3
74. Kramer Log. Co. Box 4281, Portland, Ore. 97208 1 2 3
75. Lawrence G. Kramer 5214 NE Wistaria Dr., Portland 1 2 3
76. Vincent C. Kretz 3617 74th, Mercer Island, Wash. 1 2 3
77. Kingsley Lbr. Co. Box 6215, Linnton Station, Portland 10,
Oregon 1 2
78. Jack Kreider 214 Columbus, Port Angeles, Wash. 1 2 3
79. George Kron Rt. 1, Box 564, Montesano, Wash. 2 3
80. Bud Kuhn Rt. 3, Box 425, Mt. Vernon, Wash. 2 3
81. Lamb's Log. Co., Inc. Box 566, Forks, Wash. 1 2
82. Latimer & Sons, Inc. Box 427, Woodlawn, Wash 1 2 3
83. Lindner, Eugene A. Rt. 4, Box 67, Snohomish, Wash. 1 2 3
84. Littlerock Lbr. Co. Box 8, Littlerock, Wash. 1 2 3
85. Lyons Log. Co. Box 716, Forks, Wash. 1 2 3
86. M & D Tbr. Co. Sol Duc Hot Springs, Port Angeles 1 2
87. Marenakos Log. Co. Morton, Wash. 1 2
88. Manes Log. Co. P. O. Box 107, Clallam Bay, Wash. 1 2
89. Martinson, George C. 1912 W. 6th St., Aberdeen, Wash. 1 2 3
90. Mayr Bros. Log. Co. Rt. 3, Box 508, Hoquiam, Wash. 1 2
91. McDonald Log. Co. Box 37, Amanda Park, Wash. 1 2 3
92. McKay, Arthur R. 1324 BelAire, Aberdeen, Wash. 1 2 3
93. McLeod, Daniel F. 18770 Ave. 23 1/2, Chowchilla, Calif. 1 2 3
94. Merrill & Ring, Western Lbr. Co P. O. Box 30, Port Angeles,
Wash. 1 2
95. E. C. Miller Lbr. Co. P. O. Box 1080, Aberdeen, Wash. 1 2
#Size of Sale
96. W. H. Miller 12007 NE Fargo Court, Portland, 1 2 3
97. Millman Lbr. Co. P. O. Box 293, Pacific Beach, Wash 2 3
98. Morrison Log. Co. Box 1019, Aberdeen, Wash. 1 2 3
99. Mundy & Ford Log. Co. Forks, Wash. 2 3
100. George Music c/o Eliza Emfun, Randle, Wash. 2 3
101. S. A. Newman, Forest Engineers P. O. Box 156, Everett, Wash. 1
2 3
102. Ralph Nims Box 343, Winlock, Wash. 3
103. P & M Lbr. Co. 521 Bel Aire Ave., Aberdeen, Wash. 3
104. Pacific Lbr. & Shipping Co. 620 Washington Bldg., Seattle 1, 1
2 3
105. Parrino Bros. Rt. 2, Box 207, Enumclaw, Wash. 1 2 3
106. Arne J. Peterson 112 Colorado, Box 115, Longview, Wn. 1 2
107. Peninsula Ply. Corp. P. O. Box 311, Port Angeles, Wash 1 2 3
108. Robert Plant Humptulips, Wash. 1 2 3
109. Pope & Talbot, Inc. Port Gamble, Wash 1 2 3
110. Walter T. Plumb Copalis Beach, Wash. 2 3
111. Puget Sound Ply. Inc. 230 East F St., Tacoma, Wash. 1 2
112. Puget Sound Pulp & Timber Co. Bellingham, Wash. 1 2
113. Rayonier Inc. Box 539, Hoquiam, Wash. 1 2 3
114. Clark Reed Box 54, Quinault, Wash. 2 3
115. ROA Construction Co. 2118 Mill Avenue, Bellingham, Wash. 1 2
3
116. George M. Rogers 1009 State, Raymond, Wash. 2 3
117. Robert L. Rogers Rt. 4, Box 274, Olympia, Wash. 2
118. Fred Root Box 698, Hoquiam, Wash. 1 2 3
119. S & M Lbr. Co. Rt. 3, Box 915, Oregon City, Ore. 1 2 3
120. Saginaw Shingle Co. Finch Building, Aberdeen, Wash 1 2 3
121. Salmon Creek Log. Co. Box 157, Woodland, Wash. 1 2 3
122. Scott PaperCo. Everett, Wash. 1 2
123. Seaboard Lbr. Co. P. O. Box 1947, Seattle 11, Wash. 1 2
124. Calvin Siddle Box 21, La Conner, Wash. 1 2 3
125. Jack Simpson 3812 Wetmore, Everett, Wash. 1 2 3
126. Francis Smith 1920 Pacific Avenue, Aberdeen, Wash. 1 2
127. J. T. Spradlin 645 Chenault, Hoquiam, Wash. 2 3
128. Stanwood Lbr. Co. Stanwood, Wash. 1 2 3
129. Superior Shake Co. Box 456, Concrete, Wash. 1 2 3
130. Paul Wonderly, Res. Mgr., St. Regis Paper Co., St. Paul Ave.,
Tacoma, Wash. 98401 1 2 3
131. Perry N. Stoner Rt. 3, Box 376, Shelton, Wash. 1 2 3
132. Tacoma Narrows Lbr. Inc. P. O. Box 176, Steilacoom, Wash. 1 2
3
133. Taylor & Bruckart, Inc. Industrial Forestry & Forest Products
P. O. Box 567, Bremerton, Wash. 1 2 3
134. Clay Thomas, Thomas Lbr. Co. Klamath Falls, Ore. 1 2 3
135. R. J. Ultican Remfg. Co. P. O. Box 305, Aberdeen, Wash. 1 2 3
136. Valley Eight Log. Co. De p River Wash. 2
137. Clarence Vanderjack 3700 SW Upper Dr., Lake Oswego, Ore. 1 2 3
138. Bill Wampler Box 134, Chiloquin, Ore. 1 2 3
139. Washington Pulp & Tbr. Co. P.O. Box 712, Copalis Crossing, Wn
2 3
140. Cliff Webster 535 W. 16th, Port Angeles, Wash. 1 2 3
141. Bill Wells Box 12, Silverdale, Wash. 1 2 3
142. Jim W. Wells Log. Co. Rt. 3, Box 1160, Hoquiam, Wash. 2 3
143. West Coast Orient 201 NW Second Avenue, Portland 9, 1 2 3
144. West Coast Ply. Co. P. O. Box 1180, Aberdeen, Wash. 1 2 3
145. West Tacoma Newsprint Co. P. O. Box 8, Stielacoom, Wash. 1 2
3
146. Western Forest Industries Assn. 2319 Lloyd Center, Portland
12, Ore. 1 2 3
#Size of Sale
147. Western Lbr. Inc. Box 240, Aberdeen, Wash. 1 2 3
148. Weyerhaeuser Co. P. O. Box 1645, Tacoma 1, Wash. 1 2 3
149. Williamson Log. Co. Rt. 3, Box 890, Hoquiam, Wash. 1 2 3
150. Wilson & Sutton 8305 Lewis River Road, Ariel, Wash. 1 2 3
151. Womer Bros. Log. Co. Amanda Park, Wash. 1 2 3
152. K.B. Wood & Assoc. Inc. 601 Dekum Bldg., Portland 4, Ore. 1 2
3
153. Arthur A. Yerkes 106 Jefferson St., Aberdeen, Wash 2
154. Herb York Rt. 2, Box 769H, Marysville, Wash. 1 2 3
155. Roy York 1232 Railroad, Shelton, Wash. 2 3
156. Joe Zedrick 1109 East Wishkah, Aberdeen, Wash. 1 2 3
POST OFFICES AT: Aberdeen, Aloha, Amanda Park, Centralia, Chehalis,
Clallam Bay, Copalis Beach, Copalis Crossing, Elma, Forks, Hoquiam,
McCleary, Montesano, Neah Bay, Olympia, Pacific Beach, Port Angeles,
Port Townsend, Quilcene, Sequim, Shelton, Tacoma, Taholah, Washington.
OTHER AGENCIES: Colville, Northern Idaho, Yakima and Warm Springs.
RECEIVED
641009
Ferm 5-611
5910
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
TRIBAL
Contract No. 14-20-0510-248
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Queets #3 Logging Unit, Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
7 of the Act of 100625 (25 U.S.C. 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 George Taylor
d/b/a/Taylor Bros. Logging of Hoquian, 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.
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 650630.
6. Unit Description. This unit is located in Lots 19, 20 and 21,
Section 4, Township 23 North, Range 13 West, Willamatte Meridian,
Washington
NOTE: Italic type to be deleted if inapplicable. 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 construced 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 standard 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 $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 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. The log lengths shall be varied so as to secure the
greatest possible 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 merchantable deed 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.
13. Cutting Schedule.
(a) Minimum Annual Cut. The Purchaser shall cut and pay for not less
than not applicable during the Calendar year 19 and not less than each
subsequent calendar year.
(b) Maximum Annual Cut. The maximum volume of timber that may be cut
any calendar year shall be not applicable
14. Volume Determination.
(a) Designated Timber.
Lots cut under this shall be scaled by established Scaling and
Grading Bureaus acceptable to the Approving Officer, in accordance with
official log scaling and grading rules effective 620301, 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 to timber covered by this contract
until 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 Provisions, 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.
TRIMMING ALLOWANCES
Table not keyed see original
(c) Indian Bureau Scaling. When the contract provides for scaling by
the Scaling and Grading Bureaus, Section 7(a) of the Standard Provisions
shall not apply as long as the Scaling Agreement is in effect, but that
the Indian Bureau reserves the right to scale and waste scale at any
time it believes it to be necessary.
(d) 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.
(e) Scale Reports. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(f) 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 portion of the truck receipt shall
be retained by the purchaser and turned in to the Officer in Charge as
he shall direct. The ticket portion of the receipt 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 is
delivered and to collect and mail said receipts to the Officer in
Charge.
Portland Area - Western Washington Insert to Form 5-611, Contract No.
14-20-0510-248
14. Volume Determination (Cont.)
(g) 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.
(h) Bureau Scaling. All scaling logs by the Grays Harbor/or Puget
Sound Log Scaling and Grading Bureau shall be in accordance with the
Scaling Agreement between the Bureau of Indian Affairs and the Grays
Harbor/or Puget Sound and Grading Bureau, a copy of which is on file at
the Hoquiam Sub-Agency Offices of the Western Washington Indian Agency,
Hoquiam Washington. The Scaling Agreement may be terminated by either
party at any time after 90 days written notice to the other party,
provided the commitments made prior to termination shall be fulfilled.
The following general conditions shall apply to Scaling Bureau scaling:
(1) The purchaser shall make arrangements for scaling services with
the Grays Harbor/or Puget Sound Log Scaling and Grading Bureau and shall
pay for stumpage cut on the Queets #3 Logging Unit, Quinault Indian
Reservation on the basis of the log scale as determined by the Scaling
Bureau.
(2) Payment for scaling services to the Scaling Bureau shall be made
by the purchaser, and the Bureau of Indian Affairs assumes no
responsibility in this regard.
(3) The purchaser shall brand, with a State registered brand, all
logs as directed by the Forest Officer in Charge. A log brand assigned
to logs from any Bureau of Indian Affairs sale area shall not be used on
logs from any other sale area until approved by the Officer in Charge.
(4) The purchaser shall furnish the Bureau of Indian Affairs an
inprint of the brand in advance of use.
(5) The purchaser shall deliver all logs from the sale area to points
of scaling acceptable to the Scaling Bureau and approved in writing by
the Superintendent or his authorized representative. Changes in scaling
points must be approved by the Bureau of Indian Affairs in advance of
making the change.
Portland Area - Western Washington Insert to Form 5-611, Contract No.
14-20-0510-248
(6) The Bureau of Indian Affairs will check scale Indian timber at
intervals to be determined by the Superintendent or his authorized
representative, and in the event such check scales show a variance in
volume of +/-five (5) percent, the Bureau of Indian Affairs will request
the Scaling Bureau to make a re-scale. In the event the Scaling Bureau
deems it necessary to demand remmeration for the cost of making
re-scales, the purchaser agrees to pay to the Scaling Bureau the cost of
such services. The purchaser agrees to cooperate with the Bureau of
Indian Affairs in providing conditions satisfactory to making check
scales.
Insert to Form 5-611, Contract No. 14-20-0510-248 Portland Area -
Western Washington
Additional Timber
15. Slash and Snag Disposal.
Slash. Section 9(a) and 9(b) of the Standard Provisions shall not
apply.
Snag. See Section 9(c) of the Standard Provisions. In addition, any
non-merchantable partially dead tree meeting the diameter and height
specifications of Section 9(c) that creates a fire hazard shall be
felled.
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
$5,000.00 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
Provisions, 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 640824
PURCHASER
Witnesses:
P T Newberry 313 Garfield, Hoquiam, Wash.
(ILLEGIBLE) 3114 Pacific Ave., Hoquiam, Wn.
GEORGE TAYLOR d/b/a TAYLOR BROS. LOG.
By George Taylor, sole owner
SELLER
Signed for the Quinault Tribe of Indians pursuant to Resolution No.
None passed by its tribal governing body in a meeting held at Tabolah
Washington, on 640511
Name Alice Chenois
Title Secretary
Name James Johnson
Title Chairman
APPROVING OFFICER
Approved: 641002
Name (Sgd.) R. D. HOLTZ
Title Area Director
ORAL AUCTION SALE OF TIMBER QUEETS #3 LOGGING UNIT QUINAULT INDIAN
RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Queets #3 Logging Unit", addressed to the Superintendent,
Western Washington Sub-Agency, Hoquiam, Washington, will be received
until 1:30 p.m. Pacific Daylight Time, 640818, and will be considered
the equivalent of oral auction bids and posted for the information of
all bidders. Oral auction bids will be received by the Superintendent
or his authorized representative at the Hoquiam City Hall Building,
Hoquiam, Washington, beginning at 2:00 p.m., Pacific Daylight Time,
640818, for the purchase of timber on a tract within the Quinault Indian
Reservation designated as the Queets #3 Logging Unit. Oral auction
bidding will be restricted to those who have previously submitted an
acceptable sealed bid in accordance with this notice. This unit is more
specifically described as Lots 19, 20 and 21, Section 4, Township 23
North, Range 13 West, Willamette Meridian, Washington, containing
approximately 99 acres, of which approximately 45 acres are
merchantable. This unit contains an estimated stand to be cut of
1,227,000 board feet of western redcedar; 475,000 board feet of western
hemlock; 349,000 board feet of Pacific silver fir; and 77,000 board
feet of Sitka spruce and other species, which estimates are not
guaranteed. 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 $11.95 per M feet, B.M., for
western redcedar; $13.90 per M feet, B.M., for western hemlock; $14.25
per M feet, B.M., for Pacific silver fir; and $18.25 per M feet, B.M.,
for Sitka spruce and other species. 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 Two Thousand Eight Hundred Dollars ($2,800.00) 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. The deposit of the successful
bidder will be applied as part of the purchase price against timber cut
on this unit only, or retained as liquidated damages if the bidder shall
not execute the contract and furnish a satisfactory bond in the amount
of Five Thousand Dollars ($5,000.00) within thirty (30) days of
acceptance of his bid. The contract will specify that all designated
timber shall be cut and removed from the unit by 650630, 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. The contract will specify that the high-lead method of
logging will be used unless prior approval is given for other methods of
logging to be used. The contract shall further specify that the
purchaser will leave the boundaries and corners of the sale area well
marked at the completion of the contract. 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 98201, or his
representative at Room 206, Post Office Building, Hoquiam, Washington
98250, or the Area Director, Bureau of Indian Affairs, Portland Area
Office, P. O. Box 3785, Portland, Oregon 97208. Dated this day of
640708, at Portland, Oregon. Perry E. Skarra, Assistant Area Director.
QUEETS #3 Lots 19, 20, 21, Sec. 4, T23N, R13W.
Map not keyed, see original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION WASHINGTON 560100 D E
P
Map not keyed, see original
RESOLUTION OF THE QUINAULT INDIAN TRIBE
WHEREAS, the Quinault Business Committee is the recognized governing
body of the Quinault Indian Tribe, and
WHEREAS, title to certain parcels of land lying within the Quinault
Indian Reservation, designated as Lots 19, 20 and 21, Section 4,
Township 23 North, Range 13 West, Willamette Meridian, Washington,
containing approximately 98.93 acres, is held by the United States in
trust for the Quinault Tribe of Indians, and
WHEREAS, said parcels of land contain quantities of western redcedar,
western hemlock, Pacific silver fir and Sitka spruce suitable for
manufacture into sawlogs.
NOW THEREFORE BE IT RESOLVED that the Quinault Business Committee
does hereby authorize the Superintendent of the Western Washington
Indian Agency to advertise and sell to the highest bidder, all of the
merchantable timber on the above described tracts in accordance with the
Code of Federal Regulations of the Department of the Interior covering
the sale of such timber at not less than the following rates:
Species Minimum Rate
per MBM
Western redcedar $11.00
Western hemlock 13.00
Pacific silver fir 13.00
Sitka spruce 17.00
BE IT FURTHER RESOLVED that the Chairman of this Committee is hereby
authorized and manpowered to sign the contract in accordance with the
above for and on behalf of the Quinault Tribe of Indians, Quinault
Reservation, Washington.
(ILLEGIBLE) Chairman
CERTIFICATION
As Secretary of the Quinault Business Committee, I hereby certify
that the above Resolution was duly enacted at a meeting of the Quinault
Business Committee at a meeting held at Taholah, Washington, on the
640511, a quorum being present, with a vote of 4 for and none against.
(ILLEGIBLE) Secretary
FOREST OFFICER'S REPORT QUEETS #3 LOGGING UNIT TOWNSHIP 23 NORTH,
RANGE 13 WEST QUINAULT RESERVATION
A. Introduction:
The Queets #3 Logging Unit consists of about 99 acres, of which
approximately 45 acres is merchantable. This unit is on tribally owned
lands described as Lots 19, 20 and 21, of Section 4, Township 23 North,
Range 13 West, Willamette Meridian, Washington. This area is known as
the Queets Woodlot. The Quinault Tribe has requested that the timber on
this area be offered for sale to the highest bidder.
B. Description of Area:
This unit is located along the Raft River Road, just west of the
junction with Highway 101. The lands on three sides have been logged
during the past few years, and the Pacific Ocean bounds the tract on the
west. Consequently, the stand is well exposed to strong winter winds.
The Coast Guard telephone line runs along the road through the western
portion of the area. The topography is level for the most part, with a
slight rise in the middle. Western redcedar comprises 58 percent of the
estimated merchantable volume, western hemlock 22 percent, and Pacific
silver fir and Stika spruce 16 and 4 percent respectively. The
northeast corner and a small patch in the middle of the eastern third of
the tract support poor quality cedar. West of the Raft River Road,
along the ocean, the quality is also poor, consisting of spruce, cedar
and hemlock. The best quality of the stand, for the most part, is east
of the telephone line. This is still average quality for reservation
stands.
A good gravel road traverses the unit, and a paved highway is within
a quarter mile. With this road network, access is excellent, and only
spur roads will be required.
C. Current Market Conditions:
The current log market on Grays Harbor has been relatively steady the
past year. Log prices for all species are similar to those paid a year
ago, with no indication of a change in the next few months. The demand
for western hemlock remains steady at about what it was a year ago. Log
prices for western hemlock have shown a slight increase in the No. 3
grade over last year, while prices for the higher grades have remained
firm. Prices for No. 1 and No. 2 grade western redcedar logs have shown
an increase. Some of this increase may be attributable to the fact that
local shake mills are now buying logs in addition to shakeboards. The
export market for Sitka spruce is good, and has remained steady the past
few years. These factors, together with the easy access and the sale
location being suitable for winter operations, should have a favorable
influence on the bidding.
D. Recommendations:
It is recommended that the timber on this area be advertised at the
appraised rates, for not less than thirty (30) days. Advertisement is
to be by four (4) insertions in the Aberdeen Daily World, a daily
newspaper, and by circular letters and posters. Sale of the timber is
to be made by sealed bids, followed by oral auction.
E. Methods of Cruise:
A 30-percent strip-plot cruise, using 1/5 acre rectangular plots, was
made by forestry personnel. All trees 12 inches D.B.H. and larger were
tallied that contained at least one 32-foot log.
Estimated Log Grades and Volumes are as follows:
Table not keyed, see original
F. Stumpage Appraisal:
This appraisal is based on prices paid by local mills on Grays Harbor
as of 640401.
APPRAISAL SUMMARY
Queets #3 LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
LOG VALUES
Table not keyed, see original
#Log Prices from local Grays Harbor wills as of 640401.
LOGGING COSTS
Queets #3 LOGGING UNIT
Quinault RESERVATION
I. LOGGING AND OVERHEAD
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 houl (64 miles to Port Docks, Grays Harbor, Wash.)
Table not keyed, see original
Notes:
1. Direct logging and overhead cost estimates are average costs
obtained from seven operators in Grays Harbor County (copies at Agency
and A ea Offices).
2. Truck hauling rates computed according to Washington Utilities
and Transporation Commission, Tariff 4-A, effective 630812.
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 the Washington State
Formula (Ref. R6-TM-179).
Notes:
Road maintenance computed at Forest Service rate of .10/M/Mile for
two (2) miles.
Table not keyed, see original
G. Determination of Stumpage Values:
The stumpage values were determined by the use of the following
formula:
s = V/1.0P - C ...1. Western redcedar:
.............................................. . $47.00/1.10 - $30.77
---------------- $11.96 .......................... . ...2. Western
hemlock: ............................................... . $46.06/1.08
- $28.73 ----------------- $13.92 ......................... . ...3.
Pacific silver fir: ............................................ .
$46.15/1.08 - $28.46 ---------------- $14.27 ..........................
. ...4. Sitka spruce:
.................................................. . $51.16/1.10 -
$28.28 ----------------- $18.23 ......................... .
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 considered in arriving at the margin for profit and risk.
H. Recommended Stumpage Values: (rounded to the nearest five cents)
1. Western redcedar ------------------------- $11.95 per MBM
2. Western hemlock ------------------------- $13.90 per MBM
3. Pacific silver fir ---------------------- $14.25 per MBM
4. Sitka spruce and other species ------------ $18.25 per MBM
I. Recent Market Data:
An analysis of recent sales on the Quinault Reservation is shown in
Exhibit A. These sales were made during the past year under similar
market conditions as exist today. With the exception of two of the
sales, they were not located on a road, consequently some road
construction was necessary to reach the sale area. These sales all had
other species besides those analysed, some of which were of particular
interest to the purchaser and were bid accordingly.
J. Value of Forest Products:
Table not keyed, see original
Date: 640625
John W. Palmer Forester
Date: 640702
CONCUR: (Sgd.) John W. Libby John W. Libby Forest Manager
Date: 640702
APPROVED: (Sgd.) George M. Felshaw Superintendent
Exhibit A
ANALYSIS OF INDEX SALES
Table not Keyed, See original
Those sales were all made during the past year, under market
conditions similar to present conditions. They are all located in the
Northwest portion of the Quinault Reservation, with two of them being in
the immediate vicinity of the subject sale. Under conditions with
relatively limited or no competition, as represented by the Agnes Major,
Queet #2 and Harlow #4 Sales, operators apparently demand a normal
margin for profit and risk or that allowed in the appraisal. Because of
a rising cedar market, with a good demand for logs, the price for cedar
the Clyde Moses sale was bid up considerably. The demand for hemlock
logs for export to Japanese markets greatly influenced the bidding on
the Ward #2 sale. This also was true for Pacific silver fir on the same
sale. While the demand for Sitka spruce for export is steady, only
sales with a large volume tends to have any bidding on this species.
Where spruce is the minor species, it has been bid at the minimum rate.
The comparison of the above recommended minimum stumpage rates for
which these species will be advertised in the subject sale indicates
that these rates are similar to prices bid for the index sales.
QUEETS #3
Lots 19, 20, 21, Sec. 4, T23N, R13W.
Map not keyed see original
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
"Map not Keyed, See original"
CORRECTION
The preceding documents(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
HEL-009-0674-0709
HEL-009-0673-0709
FELSHAW, G M W WASH AGENCY
641130
CORRESPONDENCE
HASSIG, E BIA PORTLAND
Forestry 339.5 Eliz. Wain
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
641207
BUR OF INDIAN AFFAIRS
WASHINGTON, D. C.
IN REPLY REFER TO:
FORESTRY
339.5
Eliz. Wain
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208 641130
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter dated 641105, submitted for approval the original and six
copies of Timber Contract No. 14-20-0510-251 and appurtenant documents
covering the sale of timber from the Elizabeth Wain Logging Unit,
Quinault Reservation, Washington, to George Kron of Montesano,
Washington.
We have examined all of the documents and they appear to be in proper
order. The contract and bond have therefore been approved.
We are returning the original and agency copy of the Elizabeth Wain
Logging Unit contract to you and are forwarding three copies to the
Hoquiam Subagency for distribution. Two copies have been retained, one
for our files and one to be forwarded to the Washington Office.
Sincerely yours, /S/ ELMER HASSIG Acting Assistant Area Director
Enclosures (2)
cc: Hoquiam Subagency w/enclosures (3) Commissioner, Attn. Br. of
Forestry w/enclosures (3)
HEL-009-0710-0711
HEL-009-0710-0711
FELSHAW, G M W WASH AGENCY
641009
CORRESPONDENCE
SKARRA, P E BIA PORTLAND ORE
Forestry 339.5 Elizabeth Wain
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
641009
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
With your letter dated 641008, you submitted the Abstract of
Proposals and the Proposal to Purchase from George Kron received for the
advertised sale of timber from the Quinault Indian Reservation,
designated as the Elizabeth Wain Logging Unit. You recommend that the
bid of George Kron be accepted.
We have examined the submitted documents and find them to be in
agreement with the advertisement. You may advise Mr. Kron that his bid
per MBM of $17.25 for Sitka spruce, and $9.25 for black cottonwood and
other species was accepted as of the date of this letter. Please
proceed with the execution of the contract in accordance with the
advertisement.
Sincerely yours, (Sgd) PERRY E. SKARRA
Acting Area Director
cc: Hoquiam Subagency Commissioner, Attn. Br. of Forestry
ABSTRACT of proposals received at Hoquiam, Washington, 641006 for
Sale of Timber, Elizabeth Wain Logging Unit, Quinault Reservation, Wash.
for Western Washington Agency, Everett, Washington.
Table not keyed see original
It is hereby certified that in addition to the bids abstraced on this
form, invitations to quote were sent to the following:
See attached
It is also certified that all sealed 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 Proposals No. 00 which
was considered and abstracted or eliminated for consideration for
reasons appearing elsewhere on the abstract or in report attached
hereto.
(ILLEGIBLE) Superintendent
#Size of Sale
...49. Charles Gagnon ................................................
. 627 East 5th, Port Angeles, Wash ......1 2 3
.......................... . ...50. Graham Shake & Single
......................................... . Rt. 3, Box 1108, Hoquiam,
Wash. ........2 ............................. . ...51. Patrick Gray
.................................................. . 1424 SE 53rd,
Portland 15, Ore. .......1 2 3 .......................... . ...52.
Grays Harbor Veneer Corp. ..................................... . P. O.
Box 239, Hoquiam, Wash. .........1 2 ............................ .
...53. Green Log. Co. ................................................
. 141 Viewcrest, Hoquiam, Wash. .........1 2 3
.......................... . ...54. Green Fir Log. Co.
............................................ . Rte. 2, Box 97,
Tillamook, Ore. .......1 2 3 .......................... . ...55. John
J. Gwin .................................................. . Route 1,
Box 126, Hoquiam, Wash. .......2 3 ........................... . ...56.
H & H Products ................................................ .
Bellingham Hotel, Bellingham. Wn. ......1 2 3 .........................
. ...57. Harbor Plywood Corp.
.......................................... . P. O. Box 940, Aberdeen,
Wash. .........1 2 ........................... . ...58. George Hawks,
Huffman Motors .................................. . 123 East 1st,
Aberdeen, Wash. .........1 2 ............................ . ...59. F.
R. Henry Log. Co. .......................................... . Box 357,
Forks, Wash. .................1 2 ............................ . ...61.
Hoquiam Ply. Co., Inc. ........................................ . P.
O. Box 737, Hoquiam, Wash. .........2 .............................. .
...62. O. C. House ...................................................
. Rt. 1, Box 329, Elma, Wash. ............3
............................. . ...63. Ildstad, Thomas W.
............................................ . 1530 Initial Ave.,
Enumclaw, Wash. ....2 .............................. . ...64. John
Impola, Daily Journal of Commerce, ....................... . 83
Columbia St., Seattle 4, ...........1 2 ............................ .
...65. International Paper Co. .......................................
. Woodlands Dept., Longview, Wash. ......1 2 3
.......................... . ...66. J & K Log. Co.
................................................ . Star Route 1 Box
270, Forks, Wash. ....1 2 3 .......................... . ...67.
Johnson Bros. Inc. ............................................ . P. O.
Box 206, Concrete, Wash. ........1 2 3 .......................... .
...68. Harvey Johnson ................................................
. Box 787, Castle Rock, Wash. ...........2 3
............................ . ...69. Stanley L. Johnson
............................................ . Rt. 1, Box 232,
Oakville, Wash. .......1 2 3 .......................... . ...70.
Kaiser Aluminum ............................................... . 2000
E. Columbia Way, Bldg. #10, ...................................... .
Vancouver, Wash. ......................1 2 3 ..........................
. ...71. Walter Kandoll
................................................ . Banfield, B.C.,
Canada ................2 3 ............................ . ...72.
Wendell Keene ................................................. . c/o
the Aberdeen World, Aberdeen ......1 2 3 .......................... .
...73. Clarence Kemp .................................................
. General Delivery, Forks, Wash. ........1 2 3
.......................... . ...74. Kramer Log. Co.
............................................... . Box 4281, Portland,
Ore. 97208 ........1 2 3 .......................... . ...75. Lawrence
G. Kramer ............................................ . 5214 NE
Wistaria Dr., Portland ........1 2 3 .......................... .
...76. Vincent C. Kretz ..............................................
. 3617 74th, Mercer Island, Wash. .......1 2 3
.......................... . ...77. Kingsley Lbr. Co.
............................................. . Box 6215, Linnton
Station, ............................................ . Portland 10,
Oregon ...................1 2 ............................ . ...78.
Jack Kreider .................................................. . 214
Columbus, Port Angeles, Wash. .....1 2 3 .......................... .
...79. George Kron ...................................................
. Rt. 1, Box 564, Montesano, Wash. ......2 3
............................ . ...80. Bud Kuhn
...................................................... . Rt. 3, Box
425, Mt. Vernon, Wash. .....2 3 ............................ . ...81.
Lamb's Log. Co., Inc .......................................... . Box
566, Forks, Wash. .................1 2 ............................ .
...82. Latimer & Sons, Inc. ..........................................
. Box 427, Woodlawn, Wash. ..............1 2 3
.......................... . ...83. Linder, Eugene A.
............................................. . Rt. 4, Box 67,
Snohomish, Wash. .......1 23 3 ......................... . ...84.
Littlerock Lbr. Co. ........................................... . Box
8, Littlerock, Wash. ..............1 2 3 .......................... .
...85. Lyons Log. Co. ................................................
. Box 716, Forks, Wash. .................1 2 3
.......................... . ...86. M & D Tbr. Co.
................................................ . So1 Duc Hot Springs,
Port Angeles ......1 2 ........................... . ...87. Marenakos
Log. Co., Inc. ...................................... . Morton, Wash.
..........................1 2 ........................... . ...88.
Manes Log. Co. ................................................ . P. O.
Box 107, Clallam Bay, Wash. ......1 2 ........................... .
...89. Martinson, George C. ..........................................
. 1912 W. 6th St., Aberdeen, Wash. ......1 2 23
......................... . ...90. Mayr Bros. Log. Co.
........................................... . Rt. 3, Box 508, Hoquiam,
Wash. ........1 2 ............................ . ...91. McDonald Log.
Co. ............................................. . Box 37, Amanda
Park, Wash. ............1 2 3 .......................... . ...92.
McKay, Arthur R. .............................................. . 1324
BelAire, Aberdeen, Wash. .........1 2 3 .......................... .
...93. McLeod, Daniel F. .............................................
. 18770 Ave, 23 1/2, Chowchilla, Calif. 1 2 3
.......................... . ...94. Merrill & Ring, Western Lbr. Co.
.............................. . P. O. Box 30, Port Angeles, Wash.
.....1 2 ............................ . ...95. E. C. Miller Lbr. Co.
......................................... . P. O. Box 1080, Aberdeen,
Wash. .......1 2 ............................ .
.......................................#Size of Sale ..................
. ...96. W. H. Miller
.................................................. . 12007 NE Fargo
Court, Portland 20, ..........1 2 3 .................... . ...97.
Millman Lbr. Co. .............................................. . P. O.
Box 293, Pacific Beach, Wash. ...........2 3 .................... .
...98. Morrison Log. Co. .............................................
. Box 1019, Aberdeen, Wash. ...................1 2 3
.................... . ...99. Mundy & Ford Log. Co.
......................................... . Forks, Wash.
..................................2 3 .................... . ...100.
George Music ................................................. . c/o
Eliza Emfun, Randle, Wash. ................2 3 .................... .
...101. S. A. Newman, Forest Engineers ...............................
. P. O. Box 156, Everett, Wash. ...............1 2 3
.................... . ...102. Ralph Nims
................................................... . Box 343, Winlock,
Wash. .........................3 .................... . ...103. P & M
Lbr. & Shipping Co. .................................... . 620
Washington Bldg., Seattle 1, ............1 2 3 .................... .
...105. Parrino Bros. ................................................
. Rt. 2, Box 207, Enumclaw, Wash. .............1 2 3
.................... . ...106. Arne J. Peterson
............................................. . 112 Colorado, Box 115,
Longview, Wn. ........1 2 3 .................... . ...107. Peninsula
Ply. Corp. ......................................... . P. O. Box 311,
Port Angeles, Wash. ..........1 2 3 .................... . ...108.
Robert Plant ................................................. .
Humptulips, Wash. ...........................1 2 3 ....................
. ...109. Pope & Talbot, Inc.
.......................................... . Port Gamble, Wash.
..........................1 2 3 .................... . ...110. Walter
T. Plumb .............................................. . Copalis
Beach, Wash. ..........................2 3 .................... .
...111. Puget Sound Ply. Inc. ........................................
. 230 East F St., Tacoma, Wash. ...............1 2
...................... . ...112. Puget Sound Pulp & Timber Co.
................................ . Bellingham, Wash.
...........................1 2 ...................... . ...113.
Rayonier Inc. ................................................ . Box
539, Hoquiam, Wash. .....................1 2 3 .................... .
...114. Clark Reed ...................................................
. Box 54, Quinault, Wash. .......................2 3
.................... . ...115. ROA Construction Co.
......................................... . 2118 Mill Avenue,
Bellingham, Wash. .........1 2 3 .................... . ...116. George
M. Rogers ............................................. . 1009 State,
Raymond, Wash. ....................2 3 .................... . ...117.
Robert L. Rogers ............................................. . Rt. 4,
Box 274, Olympia, Wash. ................2 ...................... .
...118. Fred Root ....................................................
. Box 698, Hoquiam, Wash. .....................1 2 3
.................... . ...120. Saginaw Shingle Co.
.......................................... . Finch Building, Aberdeen,
Wash. .............1 2 3 .................... . ...121. Salmon Creek
Log. Co. ........................................ . Box 157, Woodland,
Wash. ....................1 2 3 .................... . ...122. Scott
PaperCo. ............................................... . Everett,
Wash. ..............................1 2 ...................... .
...123. Seaboard Lbr. Co. ............................................
. P. O. Box 1947, Seattle 11, Wash. ...........1 2
...................... . ...124. Calvin Siddle
................................................ . Box 21, La Conner,
Wash. ....................1 2 3 .................... . ...125. Jack
Simpson ................................................. . 3812
Wetmore, Everett, Wash. ................1 2 3 .................... .
...126. Francis Smith ................................................
. 1920 Pacific Avenue, Aberdeen, Wash. ........1 2
...................... . ...127. J. T. Spradlin
............................................... . 645 Chenault,
Hoquiam, Wash. ..................2 3 .................... . ...128.
Stanwood Lbr. Co. ............................................ .
Stanwood, Wash. .............................1 2 3 ....................
. ...129. Superior Shake Co.
........................................... . Box 456, Concrete, Wash.
....................1 2 3 .................... . ...130. Paul
Wonderly, Res. Mgr., St. ................................ . Regis Paper
Co., St. Paul & Tacoma .................................... . Division,
1220 St. Paul Ave., ......................................... . Tacoma,
Wash. 98401 .........................1 2 3 .................... .
...131. Perry N. Stoner ..............................................
. Rt. 3, Box 376, Shelton, Wash. ..............1 2 3
.................... . ...132. Tacoma Narrows Lbr. Inc.
..................................... . P. O. Box 176, Steilacom, Wash.
.............1 2 3 .................... . ...133. Taylor & Bruckart,
Inc. ...................................... . Industrial Forestry &
Forest Products ................................. . P. O. Box 567,
Bremerton, Wash. .............1 2 3 .................... . ...134.
Clay Thomas, Thomas Lbr. Co. ................................. .
Klamath Falls, Ore. .........................1 2 3 ....................
. ...135. R. J. Ultican Remfg. Co.
..................................... . P. O. Box 305, Aberdeen, Wash.
..............1 2 3 .................... . ...136. Valley Eight Log.
Co. ........................................ . De p River, Wash.
.............................2 ...................... . ...137.
Clarence Vanderjack .......................................... . 3700
SW Upper Dr., Lake Oswego, Ore. ........1 2 3 .................... .
...138. Bill Wampler .................................................
. Box 134, Chiloquin, Ore. ....................1 2 3
.................... . ...139. Washington Pulp & Tbr. Co.
................................... . P. O. Box 712, Copalis Crossing,
Wh. ..........2 3 .................... . ...140. Clif Webster
................................................. . 535 W. 16th, Port
Angeles, Wash. ............1 2 3 .................... . ...141. Bill
Wells ................................................... . Box 12,
Silverdale, Wash. ...................1 2 3 .................... .
...142. Jim W. Wells Log. Co. ........................................
. Rt. 3, Box 1160, Hoquiam, Wash. ...............2 3
.................... . ...143. West Coast Orient
............................................ . 201 NW Second Avenue,
Portland 9, ...........1 2 3 .................... . ...144. West Coast
Ply. Co. .......................................... . P. O. Box 1180,
Aberdeen, Wash. .............1 2 3 .................... . ...145. West
Tacoma Newsprint Co. .................................... . P. O. Box
8, Stielacoom, Wash. ..............1 2 3 .................... . ...146.
Western Forest Industries Assn. .............................. . 2319
Lloyd Center, Portland 12, Ore. ........1 2 3 .................... .
...#Size of Sale ......................................................
. ...147. Western Lbr. Inc.
............................................ . Box 240, Aberdeen, Wash.
.....................1 2 3 ................... . ...148. Weyerhaeuser
Co. ............................................. . P. O. Box 1645,
Tacoma 1, Wash. .............1 2 3 .................... . ...149.
Williamson Log. Co. .......................................... . Rt. 3,
Box 890, Hoquiam, Wash. ..............1 2 3 .................... .
...150. Wilson & Sutton ..............................................
. 8305 Lewis River Road, Ariel, Wash. ..........1 2 3
................... . ...151. Womer Bros. Log. Co.
......................................... . Amanda Park, Wash.
..........................1 2 3 .................... . ...152. K.B.
Wood & Assoc. Inc. ...................................... . 601 Dekum
Bldg., Portland 4, Ore. ...........1 2 3 .................... . ...153.
Arthur A. Yerkes ............................................. . 106
Jefferson St., Aberdeen, Wash. ..............2 .................... .
...154. Herb York ....................................................
. Rt. 2, Box 769H, Marysville, Wash. ..........1 2 3
.................... . ...155. Roy York
..................................................... . 1232 Railroad,
Shelton, Wash. .................2 3 .................... . ...156. Joe
Zedrick .................................................. . 1109 East
Wishkah, Aberdeen, Wash. ..........1 2 3 .................... .
...Jones Tie & Lbr. Co. Inc. ..........................................
. P. O. Box 472, Olympia, Wash. ...............1 2 3
.................... . ...Clayton Q. Storseth
................................................ . Star Route, Box 1,
Suquanish, Wash. .........1 2 3 .................... . ...L. S. Bradley
Log. Co. ............................................. . Star Route,
Box 44, Suquamish, Wash. ........1 2 3 .................... . ...Buse
Timber & Sales, Inc. .......................................... . Route
1, Box 35, Marysville, Wash. ..........1 2 3 .................... .
...William V. Brown ...................................................
. Box 202, Indianola, Wash. .....................2 3
.................... . ...Bent & Russell Inc.
................................................ . 2000 SW 5th Avenue,
Portland, Ore. ..........1 2 3 .................... . ...Osser Cedar
Co. .................................................... . P. O. Box
156, Bellingham, Wash. ............1 2 3 .................... .
POST OFFICES AT: Aberdeen, Aloha, Amanda Park, Centralia, Chehalis,
Clallam Bay, Copalis Beach, Copalis Crossing, Elma, Forks, Hoquiam,
McCleary, Montesano, Neah Bay, Olympia, Pacific Beach, Port Angeles,
Port Townsend, Quilcene, Sequim, Shelton, Tacoma, Taholah, Washington.
OTHER AGENCIES: Colville, Northern Idaho, Yakima and Warm Springs.
FOREST OFFICER'S REPORT ELIZABETH WAIN LOGGING UNIT TOWNSHIP 22
NORTH, RANGE 12 WEST QUINAULT RESERVATION
A. Introduction:
There have been requests to purchase the red alder and black
cottonwood timber on the Elizabeth Wain allotment #866, on the Quinault
Reservation. The allotment is described as follows:
Lot 5 and NW1/4SE1/4 Section 25, Township 22 North, Range 12 West,
Willamette Meridian, Washington.
The owners of this allotment have requested that a sale be made to
the highest bidder. This unit contains approximately 81 acres, of which
approximately 40 acres contain a stand of alder and cottonwood.
B. Current Market Conditions:
The market for alder and cottonwood has been rather limited in the
past. At the present time, Weyerhaduser is buying alder and cottonwood
pulpwood at their mill in Cosmopolis, Washington. A sawmill for alder
is now operating at the Port of Grays Harbor, and a railhead for
purchasing alder and cottonwood is operated part time at Moclips,
Washington. With these outlets now available, the demand for these
species should improve. The market price for these species has remained
steady for several years.
C. Recommendations:
It is recommended that the timber on this tract be advertised at the
appraised rates, for not less than 15 days. Advertisement is to be by
two insertions in the Aberdeen Daily World, a daily newspaper, and by
circular letters and posters. Sale of the timber is to be made by
sealed bids.
D. Description of Area:
This allotment is almost equally divided into two portions; the
north portion being in the river bottom along the south side of the
Quinault River, and the south portion on a bench approximately 50 feet
above the north portion.
The south part was logged in 310000, as part of the Mounts Logging
Unit. An old logging road crosses the middle of this area and connects
with the Aloha Lumber Corporation truck road approximately one-fourth
mile to the west. This truck road provides access to Moclips and Grays
Harbor.
A steep bluff, approximately 50 feet high, with a slough at the
bottom, separates the river bottom portion from the bench land part.
This river bottom is composed of fine sand and silt, which supports a
good stand of hardwoods. These hardwoods are principally alder and
cottonwood. Associated with these hardwoods are scattered Sitka spruce
trees. This bottomland is besected with numerous sloughs.
Approximately 80 percent of the river bottom stand is cottonwood and
alder. Due to the nature of the stand and soil conditions, this is a
good summer "cat" show.
E. Method of Cruise:
A 20-percent cruise of the alder and cottonwood was made by forestry
personnel. The Sitka spruce was cruised 100 percent. All trees 12
inches D.B.H. and larger were tallied. The alder and cottonwood were
tallied by 16-foot logs, and the spruce by 32-foot logs.
Estimated volumes and log grade percentages are as follows:
Table not keyed, see original
F. Stumpage Appraisal:
This appraisal is based on prices paid by local mills on Grays Harbor
as of 640701.
APPRAISAL SUMMARY
Elizabeth Wain LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
LOG VALUES
Table not keyed, see original
#Log Prices from Local mills as of 640701.
LOGGING COSTS
Elizabeth Wain LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
Notes:
1. Falling & Bucking costs increased 15 percent over the average
costs obtained from West Coast operators for costs experienced in
630000. This is to compensate for added bucking costs in large, limby
type timber such as the spruce found on the subject tract. Loading
costs increased 15 percent because of additional time and expense
involved in loading large size spruce. Burden reduced 50% because of
nature of "show" - namely small operation or "family" type.
2. Truckhauling rates computed according to Washington Utilities and
Transportation Commission, Tariff 4-A, effective 630812.
LOGGING COSTS
Elizabeth Wain LOGGING UNIT Quinault RESERVATION
Table not keyed, see original
Notes:
Falling, Bucking, Yarding and Loading costs have been decreased 10%
over the average costs obtained from West Coast operators for costs
experienced in 630000. This is to compensate for the small amount of
defect found in the black cottonwood timber such as found on the subject
tract. Burden reduced 50% because of nature of "show" namely small
operation or "family" type.
Truck hauling costs computed according to Washington Utilities and
Transportation Commission, Tariff 4-A, effective 630812.
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 the Washington State
Formula (Ref. R6-TM-179).
Notes:
Road maintenance computed using recommended Forest Service figure of
approximately $0.10 per M/Mile for 16.5 miles.
ROAD DEVELOPMENT COSTS ESTIMATE
SUMMARY
I. Surfacing, ballasting - 5 stations: Pit-run rock; 433.0 cu.
yds. $259.80
II. Clearing & Grubbing: Clearing: 0.46 acres $80.50 Grubbing:
0.2 acres $120.00 $200.50
III. Excavation: Unclassified material, 1,000 cu. yds. $400.00
IV. Falling, Bucking, Decking and Burden: R/W timber 9,000 board
feet $108.81 Sub-Total $969.11
V. Engineering & Contingencies $96.91 Total Gross Cost $1,066.02
VI. Less Falling, Bucking, Decking and Burden (Item IV) $108.81
VII. Net Cost plus allowance for Profit and Risk $957.21
VIII. Less allowance for profit and risk $124.85
IX. Total Net Development Costs $832.36
Table not keyed, see original
I. Surfacing, ballasting: Pit-run rock, 5 stations
Table not keyed, see original
1/ Washington State Department of Natural Resources yardage tables;
Morrison Logging Company experience 100 cu. yd./sta.; Aloha Lumber
Corporation experience 100 cu. yd./sta.
2/ From experience of Jack Norkool, Chief logging engineer, Rayonier
Inc., Hoquiam, Washington.
3/ Minimum cost figures quoted from Morrison Logging Company,
Rayonier Inc., Washington State and others.
II. Clearing & Grubbing: 10' road standard, 5 stations
A. Grubbing: 10' road + 6' shoulders + 2' ditching = 18' road bed
18' road bed x 5 stations = 9,000 sq. ft. 9,000 sq. ft./43,560 sq.
ft./A = 0.2 acres
B. Clearing: 40' R/W x 100'/sta. = .092 Acres/sta. 2/ .092 A/sta. x
5 sta. = 0.46 acres
C. Costs for Clearing & Grubbing: 0.2 Acresa x $600/Acre 1/ for
grubbing = $120.00 0.46 acresx $175/Acres 1/ for clearing = $80.50
$200.50
1/ U.S.F.S., Region 6, Logging Cost Guide; Quinault Ranger District.
2/ Table, C-G, R/W, Washington State Department of Natural Resources.
III. Excavation:
Unclassified material 10' road standard 1 station of average slope of
100% = 1,000 cu. yds. 1,000 cu. yds. x $0.40/cu yd. 1/ = $400.00
1/ U.S.F.S. Region 6 graph for excavating costs -memo $5610, 601208,
Transportation system.
IV. Falling, Bucking, Decking & Burden:
Table not keyed, see original
1/ From Item II (Clearing)
2/ U.S.F.S. Cost Estimate Guide, 620213, R-6.
3/ BIA Forest Officer's Report this sale - weighted average logging
costs.
G. Determination of Stumpage Values:
The stumpage values were determined by use of the following formula:
S = V/1.OP - C
1. Sitka spruce: $50.70/1.10 - $29.19 $16.90
2. Black cottonwood and other species: $30.00/1.10 - $22.30 $4.97
An allowance of 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 for each
species have been considered in arriving at the margin for profit and
risk.
H. Recommended Stumpage Values:
1. Sitka spruce $16.90
2. Black cottonwood & other species $5.00
I. Recent Market Data:
An analysis of recent Sitka spruce sales on the Quinault Reservation
is shown in Exhibit A. These sales were made during the past year,
under similar market conditions as exist today. Two of the sales also
involved some road construction. These sales also had other species
besides those analysed, some of which were of particular interest to the
purchaser and were bid accordingly. There were no sales of black
cottonwood available to compare for recent market data, so no analysis
was made.
J. Value of Forest Products:
1. Sitka spruce: 80 MBM @$16.90 = $1,352.00
2. Black cottonwood & Other species: 476 MBM @$5.00 = $2,380.00
Total 556 MBM $3,732.00
Date: 640902
Date: 640908
Date: 640908
Sgd. Don W. Clark Asst. Forest Manager
CONCUR: Sgd. John W. Libby Forest Manager
APPROVED: (Sgd.) George M. Felshaw Superintendent
Exhibit A
ANALYSIS OF INDEX SALES
Sitka spruce
Table not keyed, see original
These sales were made during the past year, under market conditions
similar to the present. They are all located in the northwest portion
of the Quinault Reservation. One sale is situated on a paved highway,
while the other two are within a few hundred feet of either a paved road
or a gravelled logging road. Under conditions with relatively limited
or no competition, as represented by these sales, operators apparently
demand a normal margin for profit and risk, or that allowed in the
appraisal. While the demand for Sitka spruce for export is steady, only
sales with a large volume tends to have any bidding on this species.
Where spruce is the minor species, it has been bid at the minimum rate.
The comparison of the above recommended minimum stumpage rates indicates
that it is similar to prices bid for the index sales.
ELIZABETH WAIN LOGGING UNIT Lot 5 & NW1/4 SE1/4, Sec. 25, T22N, R12W,
Willamette Merd.
Map not keyed, see original
FIVE UNITS OF ALOHA LUMBER CO.
QUINAIELT INDIAN RESERVATION. WASHINGTON.
Map not keyed, see original
SALE OF TIMBER ELIZABETH WAIN LOGGING UNIT
QUINAULT INDIAN RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Elizabeth Wain Logging Unit", addressed to the
Superintendent, Western Washington Sub-Agency, Hoquiam, Washington, will
be received until 2:00 p.m., Pacific Daylight Time, , 640000, for the
purchase of timber on a tract within the Quinault Indian Reservation
designated as the Elizabeth Wain Logging Unit. This unit is more
specifically described as Lot 5 and the NW1/4 SE1/4 Section 25, Township
22 North, Range 12 West, Willamette Meridian, Washington, containing
approximately 81 acres, of which approximately 40 acres are
merchantable. This unit contains an estimated stand to be cut of 80,000
board feet of Sitka spruce, and 476,000 board feet of black cottonwood
and other species, which estimates are not guaranteed. 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 $16.90 per M feet, B.M., for Sitka spruce, and $5.00 per M feet,
B.M., for black cottonwood and other species. 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 Seven Hundred Sixty Dollars (760.00) must
accompany each bid. 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. The deposit of the
successful bidder will be applied as part of the purchase price against
timber cut on this unit only, or retained as liquidated damages if the
bidder shall not execute the contract and furnish a satisfactory bond in
the amount of One Thousand Dollars ($1,000.00) within thirty (30) days
of acceptance of his bid. The contract will specify that all designated
timber shall be cut and removed from the unit by 651231, 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. An advance payment of fifteen (15) percent of the total
value, calculated at the bid price, must be made within thirty (30) days
of approval of the contract. The contract shall further specify that
the purchaser will leave the boundaries and corners of the sale area
well marked at the completion of the contract. The purchaser will be
responsible for securing the necessary right-of-way to reach the sale
area. The contract will provide further that in the event trust or
other restrictions are removed from the allotment, or any fractional
part thereof, subsequent to the execution of the contract, the purchaser
will make direct payment for timber cut, less fees for administrative
expenses, to the owner (or owners) of the unrestricted interests. Fees
for administrative expenses will continue to be made directly to the
Bureau of Indian Affairs. 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 98201, or his representative at Room 206,
Post Office Building, Hoquiam, Washington 98550, or the Area Director,
Bureau of Indian Affairs, Portland Area Office, P.O. Box 3785, Portland,
Oregon 97208. Dated this day of , at Portland, Oregon. Area Director.
Form 5-611
600300
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Allotment
Contract No. 14-20-0510-251
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Elizabeth Wain 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
regulation contained in 25 CFR 141.
2. Parties to the Contract. The parties to this contract are the
heirs of Elizabeth Wain hereinafter called the Seller, as represented by
the Superintendent of the Western Washington Indian Agency and George
Kron of Montesano, 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 651231.
6. Unit Description. This unit is located in Lot 5 and NW1/4
SE1/4Section 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 Purchase 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 $500.00
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
NOTE: Remove this page if stumpage adjustment provisions are
inserted.
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
All trees shall be utilized to as small a top diameter as
practicable. The log lengths shall be vasted so as to secure the
greatest possible 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
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.
13. Cutting Schedule.
14. Volume Determination.
(a) Designated Timber. Logs cut under this contract shall be scaled
by established Scaling and Grading Bureaus acceptable to the Approving
Officer, in accordance with official log scaling and grading rules
effective 620301, a copy of which is on file in the office of the
Approving Officer, Scaling by the Scaling Bureaus 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 to
timber covered by this contract until approved by the Approving Officer.
Note: Italic type to be deleted if inapplicable.
14. Volume Determination (Cont.)
(b) Scaling of Logs. In lieu of scaling procedures stipulated in
Section 7(c) of the Standard Provisions, 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.
Table not keyed, see original
(c) Indian Bureau Scaling. When the contract provides for scaling by
the Scaling and Grading Bureaus, Section 7(a) of the Standard Provisions
shall not apply as long as the Scaling Agreement is in effect, but that
the Indian Bureau reserves the right to scale and waste scale at any
time it believes it to be necessary.
(d) 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 coverting factors currently in
use by the Bureau of Indian Affairs.
(e) Scale Report. In lieu of Section 7(g) of the Standard
Provisions, Scale Reports will be prepared each month.
(f) 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 portion of the truck receipt
shall be retained by the purchaser and turned in to the Officer in
Charge as he shall direct. The ticket portion of the receipt 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
is delivered and to collect and mail said receipts to the Officer in
Charge.
Portland Area - Western Washington Insert to Form 5-611, Contract No.
14-20-0510- 231
14. Volume Determination (Cont.)
(g) Paymemt 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.
(h) Bureau Scaling. All Scaling of logs by the Grays Harbor Log
Scaling and Grading Bureau shall be in accordance with the Scaling
Agreement between the Bureau of Indian Affairs and the Grays Harbor Log
Scaling and Grading Bureau, a copy of which is on file at the Hoquiam
Sub-Agency Offices of the Western Washington Indian Agency, Hoquiam,
Washington. The Scaling Agreement may be terminated by either party at
any time after 90 days written notice to the other party, provided the
commitments made prior to termination shall be fulfilled. The following
general conditions shall apply to Scaling Bureau scaling:
(1) The purchaser shall make arrangements for scaling services with
the Grays Harbor Log Scaling and Grading Bureau and shall pay for
stumpage cut on the Elizabeth Wain Logging Unit, Quinault Indian
Reservation on the basis of the log scale as determined by the Scaling
Bureau.
(2) Payment for scaling services to the Scaling Bureau shall be made
by the purchaser, and the Bureau of Indian Affairs assumes no
responsibility in this regard.
(3) The purchaser shall brand, with a State registered brand, all
logs as directed by the Forest Officer in Charge. A log brand assigned
to logs from any Bureau of Indian Affairs sale area shall not be used on
logs from any other sale area until approved by the Officer in Charge.
(4) The Purchaser shall furnish the Bureau of Indian Affairs an
imprint of the brand in advance of use.
(5) The purchaser shall deliver all logs from the sale area to points
of scaling acceptable to the Scaling Bureau and approved in writing by
the Superintendent or his authorized representative. Changes in scaling
points must be approved by the Bureau of Indian Affairs in advance of
making the change.
Portland Area - Western Washington Insert to Form 5-611, Contract No.
14-20-0510- 231
(6) The Bureau of Indian Affairs will check scale Indian timber at
intervals to be determined by the Superintendent or his authorized
representative, and in event such check scales show a variance in volume
of +/- five (5) percent, the Bureau of Indian Affairs will request the
Scaling Bureau to make a re-scale. In the event the Scaling Bureau
deems it necessary to demand remmeration for the cost of making
re-scales, the purchaser agrees to pay to the Scaling Bureau the cost of
such services. The purchaser agrees to coorporate with the Bureau of
Indian Affairs in providing conditions satisfactory to making check
scales. Insert to form 5-611, Contract No. 14-20-0510- 251 Portland
Area - Western Washington
(b) Additional Timber. None
15. Slash and Snag Disposal.
Slash. Section 9(a) and 9(b) of the Standard Provisions shall not
apply.
Snag. See Section 9(c) of the Standard Provisions. In addition, any
non-merchantable partially dead tree, meeting the diameter and height
specifications of Section 9(c) that creates a fire hazard, shall also be
felled.
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
$1,000.00 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 employee 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 well 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.
19. Effective Date. This contract shall become effective on the
date of approval by the Approving Officer.
Signed and Sealed in sextuplet as of 641009.
PURCHASER
Witnesses: Robert Backstrom Montessio, Wash Jessie M Grossi
Montesaro, Wash
GEORGE KRON
By George Kron
SELLER
(Sgd.) George M. Felshaw Superintendent
APPROVING OFFICER
Approved: 641130
Name /S/ ELMER HASSIG Title Acting Assistant Area Director
If Purchaser is a corporation, the following certificate must be
executed:
SALE OF TIMBER
ELIZABETH WAIN LOGGING UNIT QUINAULT INDIAN RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid, Elizabeth Wain Logging Unit", addressed to the
Superintendent, Western Washington Sub-Agency, Hoquiam, Washington, will
be received until 2:00 p.m., Pacific Daylight Time, 641006, for the
purchase of timber on a tract within the Quinault Indian Reservation
designated as the Elizabeth Wain Logging Unit. This unit is more
specifically described as Lot 5 and NW1/4SE1/4 Section 25, Township 22
North, Range 12 West, Willamette Meridian, Washington, containing
approximately 81 acres, of which approximately 40 acres are
merchantable. This unit contains an estimated stand to be cut of 80,000
board feet of Sitka spruce and 476,000 board feet of black cottonwood
and other species, which estimates are not guaranteed. 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 $16.90 per M feet, B.M., for Sitka spruce, and $5.00 per M feet,
B.M., for black cottonwood and other species. 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 Seven Hundred Sixty Dollars ($760.00) must
accompany each bid. 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. The deposit of the
successful bidder will be applied as part of the purchase price against
timber cut on this unit only, or retained as liquidated damages if the
bidder shall not execute the contract and furnish a satisfactory bond in
the amount of One Thousand Dollars ($1,000.000) within thirty (30) days
of acceptance of his bid. The contract will specify that all designated
timber shall be cut and removed from the unit by 651231, and will also
specify that logs cut under the contract shall be scaled by the Grays
Harbor Log Scaling and Grading Bureau of other Scaling Bureau acceptance
to the Area Director, and that the cost of such scaling shall be paid by
the purchaser. An advance payment of fifteen (15) percent of the total
value, calculated at the bid price, must be made within thirty (30) days
of approval of the contract. The contract shall further specify that
the purchaser will leave the boundaries and corners of the sale area
well marked at the completion of the contract. The purchaser will be
responsible for securing the necessary right-of-way to reach the sale
area. The contract will provide further that in the event trust or
other restrictions are removed from the allotment, or any fractional
part thereof, subsequent to the execution of the contract, the purchaser
will make direct payment for timber cut, less fees for administrative
expenses, to the owner (or owners) of the unrestricted interests. Fees
for administrative expenses will continue to be made directly to the
Bureau of Indian Affairs. Bureau of Indian Affairs bid forms for use in
submitting sealed bids, and full information concerning the timber, the
condition of the sale, and the submission of bids should be obtained
from the Superintendent, Western Washington Indian Agency, 1620 Hewit
Avenue, Everett, Washington 98201, or his representative at Room 206,
Post Office Building, Hoquiam, Washington 98550, or the Area Director,
Bureau of Indian Affairs, Portland Area Office, P. O. Box 3785,
Portland, Oregon 97208. Dated this 640910 at Portland, Oregon. Perry
E. Skarra, Acting Area Director.
ELIZABETH WAIN LOGGING UNIT Lot 5 & NW1/4SE1/4, Sec. 25, T22N, R12W,
Willamette Mard.
Map not keyed, see original
TO BE EXECUTED IN SEXTUP
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
BOND
KNOW ALL MEN BY THESE PRESENTS, That I, George Kron of Montesano,
State of Washington having an office and principal place of business at
Montesano in the State of Washington, as principal, (or (ILLEGIBLE)
COMPANY 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 One Thousand dollars ($1,000.00), 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 641030
The condition of this obligation is such that--
WHEREAS, George Kron principal herein, did on the 641006 propose to
purchase, at the rate of Seventeen and 25/100 dollars ($17.25), per M
feet, B.M., for Sitka spruce and Wine and 25/100 dollars ($9.25) per M
feet, B.M. for black cottonwood and other species on certain lands
within the Quinault Indian Reservation in Grays Harbor County,
Washington, described as follows, to wit: Lot 5 and NW1/4SE1/4 Section
25, Township 22 North, Range 12 West, Willamette Meridian 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 641009, duly accept said
proposal, and the proposal and acceptance were thereupon reduced to a
written contract.
NOW, THEREFORE, if the above-bounden George Kron his 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
641030
TWO WITNESSES REQUIRED TO SIGNATURE OF EACH PRINCIPAL AND SURETY.
PRINCIPALS AND SURETIES SIGN AND AFFIX SEALS
WITNESSES: (ILLEGIBLE)
GEORGE KRON (ILLEGIBLE) (Signature of purchaser) Rt. 1, Box 564,
Montesano, Wash. (ILLEGIBLE) Attest: Illegible lines
DEPARTMENT OF THE INTERIOR, 641130
APPROVED:
/S/ ELMER HASSIG Approving Officer. Acting 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.
Hartford Accident and Indemnity Company
HARTFORD, CONNECTICUT
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD ACCIDENT AND
INDEMNITY COMPANY, a corporation duly organized under the laws of the
State of Connecticut, and having its principal office in the City of
Hartford, County of Hartford, State of Connecticut, does hereby make,
constitute and appoint
JOE TIGHE, of LOS ANGELES, CALIFORNIA, its true and lawful
Attorney(s)-in-fact, with full power and authority to each of said
Attorney(s)-in-fact, in their separate capacity if more than one is
named above, to sign, execute and acknowledge any and all bonds and
undertakings and other writings obligatory in the nature thereof on
behalf of the company in its business of guaranteeing the fidelity of
persons holding places of public or private trust; guaranteeing the
performance of contracts other than insurance policies; guaranteeing
the performance of insurance contracts where surety bonds are accepted
by states and municipalities, and executing or guaranteeing bonds and
undertakings required or permitted in all actions or proceedings or by
law allowed: and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY
thereby as fully and to the same extent as if such bonds and
undertakings and other writings obligatory in the nature thereof were
signed by an Executive Officer of the HARTFORD ACCIDENT AND INDEMNITY
COMPANY and sealed and attested by one other of such officers, and
hereby ratifies and confirms all that its said Attorney(s)-in-fact may
do in pursuance hereof.
This power of attorney is granted under and by authority of the
following By-Law adopted by the Stockholders of the HARTFORD ACCIDENT
AND INDEMNITY COMPANY at a meeting duly called and held on the 430210.
ARTICLE IV
SECTION 8. The President or any Vice-President, acting with any
Secretary or Assistant Secretary, shall have power and authority to
appoint, for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, one or
more Resident Vice-Presidents, Resident Assistant Secretaries and
Attorneys-in-fact and at any time to remove any such Resident
Vice-President, Resident Assistant Secretary, or Attorney-in-fact, and
revoke the power and authority given to him.
SECTION 11. Attorneys-in-fact shall have power and authority,
subject to the terms and limitations of the power of attorney issued to
them, to execute and deliver on behalf of the Company and to attach the
seal of the Company thereto any and all bonds and undertakings, and
other writings obligatory in the nature thereof, and any such instrument
executed by any such Attorney-in-fact shall be as binding upon the
Company as if signed by an Executive Officer and sealed and attested by
one other such Officers.
This power of attorney is signed and sealed by facsimile under and by
the authority of the following Resolution adopted by the Directors of
the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and
held on the 560313.
RESOLVED, that, whereas the President or any Vice-President, acting
with any Secretary or Assistant Secretary, has the power and authority
to appoint by a power of attorney, for purposes only of executing and
attesting bonds and undertakings and other writings obligatory in the
nature thereof, one or more Resident Vice-Presidents, Assistant
Secretaries and Attorneys-in-fact;
Now therefore the signatures of such officers and the seal of the
Company may be affixed to any such power of attorney or to any
certificate relating thereto by facsimile, and any such power of
attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company and any such power so
executed and certified by facsimile signatures and facsimile seal shall
be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has
caused these presents to be signed by its Vice-President, and its
corporate seal to be hereto affixed, duly attested by its Secretary,
this 620402.
Attest:
(ILLEGIBLE) SECRETARY STATE OF CONNECTICUT, COUNTY OF HARTFORD,
HARTFORD ACCIDENT AND INDEMNITY COMPANY
(ILLEGIBLE) Vice-President
On this 620402 A. D., before me personally came Wm. H. Wallace, to me
known, who being by me duly sworn, did depose and say: that he resides
in the County of Hartford, State of Connecticut; that he is the
Vice-President of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, the
corporation described in and which executed the above instrument; that
he knows the seal of the said corporation; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by order
of the Board of Directors of said corporation and that he signed his
name thereto by like order.
STATE OF CONNECTICUT, COUNTY OF HARTFORD,
(ILLEGIBLE)
Notary Public My commission expires 670331
CERTIFICATE
I, the undersigned, Assistant Secretary of the HARTFORD ACCIDENT AND
INDEMNITY COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the
foregoing and attached POWER OF ATTORNEY remains in full force and has
not been revoked; and furthermore, that Article IV, Sections 8 and 11,
of the By-Laws of the Company, and the Resolution of the Board of
Directors, set forth in the Power of Attorney, is now in force.
Signed and sealed at the City of Hartford. 641030
(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 5 and NW1/4SE1/4,
Section 25, Township 22 North, Range 12 West, Willamette Meridian,
Washington. the same being the allotment of Elizabeth Wain Quinault
allottee No. 866, 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 $16.50 per MBM for Sitka spruce $4.80 per MBM for Black
Cottonwood & 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 of in accordance with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration.
Place (ILLEGIBLE)
Date 640824
Witnesses:
(ILLEGIBLE LINES)
Mrs. Coralie Wain McCauley 5/18 Int.
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 5 and NW1/4SE1/4,
Section 25, Township 22 North, Range 12 West, Willamette Meridian,
Washington. the same being the allotment of Elizabeth Wain Quinault
allottee No. 866, 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 $16.50 per MBM for Sitka spruce $4.80 per MBM for Black
Cottonwood & 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 of in accordance with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration.
Place (ILLEGIBLE)
Date 640730
Witnesses: Vernon S. Halbert (ILLEGIBLE)
Mrs. Maggie Wain Kelly 9/18 Int.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN INTERIOR
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 5 and NW1/4SE1/4,
Section 25, Township 22 North, Range 12 West, Willamette Meridian,
Washington the same being the allotment of Elizabeth Wain Quinault
allottee No. 866, 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 $16.50 per MBM for Sitka spruce $4.80 per MBM for Black
Cottonwood & 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 of in accordance with the regulations of the
Department of the Interior, including those providing for the payment of
the cost of administration.
Place (ILLEGIBLE)
Date 640801
Witnesses:
(ILLEGIBLE LINES)
Mrs. Flora Wain Smith 4/18 Int.
HEL-009-0712-0756
HEL-009-0712-0756
FELSHAW, G M W WASH AGENCY
710416
CORRESPONDENCE
PITTLE, H DOJ GEN LITIGATION
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.
UNITED STATES DEPARTMENT OF JUSTICE WASHINGTON, D.C. 20530 INTERIOR
DEPT 710416
710420
SOLICITOR
DRW-HP 90-1-23-1529
Mitchell Melich, Esquire Solicitor Department of the Interior
Washington, D. C. 20240
Dear Mr. Melich:
There are enclosed four copies of an opinion entered today in the
case entitled Horton Capoeman v. United States, No. 524-69, in the
United States Court of Claims. (Your reference: Bureau of Indian
Affairs.)
Sincerely,
Assistant Attorney General Land and Natural Resources Division
By: Herbert Pittle Attorney, General Litigation Section
Enclosures
In the United States Court of Claims
No. 524-69
(Decided 710416)
HORTON CAPOEMAN v. THE UNITED STATES
Charles A. Hobbs, attorney of record for plaintiff. Wilkinson,
Cragun & Barker, and Charles H. Gibbs, Jr., of counsel.
Herbert Pittle, with whom was Assistant Attorney General Shiro
Kashiwa, for defendant.
Before COWEN, Chief Judge, LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON
and NICHOLS, Judges.
ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS MOTION FOR SUMMARY
JUDGEMENT
NICHOLS, Judge, delivered the opinion of the court:
This case is before us on cross motions for summary judgment. The
plaintiff is a so-called "noncompetent" Quinault Indian who is suing for
recovery of certain charges made by the Government incident to the sale
by it, as trustee, of the timber standing on plaintiff's trust
allotment. This court presently has jurisdiction under 28 U.S.C.
Section 1491, to hear the claims of individual citizen Indians. Fields
v. United States, 191 Ct. Cl. 191, 423 F. 2d 380 (1970).
Defendant holds title to plaintiff's land as trustee pursuant to the
General Allotment Act of 81887, 25 U.S.C. Sections 331, et seq., under
which plaintiff was allotted in 071000, a "trust patent" for 93.25 acres
situated on the Quinault Indian Reservation in the State of Washington.
Between 430630, and 460810, defendant sold timber standing on
plaintiff's allotment to the Aloha Lumber Company, for $15,080.80, from
which it retained $1,238.87, as administrative expenses, under purported
authority of 25 U.S.C. Section, and credited only $13,841.93 to
plaintiff's trust account.
Plaintiff says that defendant had no right to make any deductions
from the proceeds of the sale and that by so doing there has been
assessed a "charge" on plaintiff's trust allotment in violation of the
rights vested in plaintiff by 25 U.S.C. Section 348. That act provides,
inter alia, that:
Upon the approval of the allotments provided for in sections 331-334
of this title, by the Secretary of the Interior, he shall cause patents
to issue therefor in the name of the allotees, which patents shall be of
the legal effect, and declare that the United States does and will hold
the land thus allotted, for the period of twenty-five years, in trust
for the sole use and benefit of the Indian to whom such allotment shall
have been made, or, in case of his decease, of his heirs according to
the laws of the State or Territory where such land is located, and that
at the expiration of said period the United States will convey the same
by patent to said Indian, or his heirs as aforesaid, in fee, discharged
of said trust and free of all charge or incumbrance whatsoever: ###
(Emphasis supplied.)
The trust period has been extended. See 25 U.S.C. Section 391 and 25
U.S.C. Section 462.
Defendant, in its cross motion for summary judgment, has raised the
threshold question of whether plaintiff's claim is barred by the six
year period of limitations provided in the Tucker Act, 28 U.S.C. Section
2501:
Every claim of which the Court of Claims has jurisdiction shall be
barred unless the petition thereon is filed within six years after such
claim first accrues.
The contested deduction was made and notice given to plaintiff in
1946. Plaintiff filed his claim in this court on 691224. He does not
contend that he is within the six year period but he asserts that the
statute of limitations should not be applied to bar his claim. In
support of this contention, he advances three related theories which we
will consider one at a time.
First, he cities as a rule that where the Government holds property
in trust for another, "the statute does not run against a beneficiary
until the trust is terminated or repudiated." As authority he refers us
to United States v. Taylor, 104 U.S. 216 (1881); Wayne v. United
States, 26 Ct. Cl. 274 (1891); and Russell v. United States, 37 Ct. Cl.
113 (1902). But those cases all involved liquidated claims for which
money had been appropriated and the validity of which was uncontested.
That is, money which the Government acknowledged owing to the plaintiffs
was allowed by the plaintiffs to sit unclaimed in the Treasury for many
years. The court in each case held that the statute of limitations did
not begin to run until demand for payment had been made. The refusal to
pay on demand was held to be a "repudiation" of the trust. In United
States v. Taylor, supra, the Supreme Court said at 221:
This section limits no time within which application must be made for
the proceeds of the sale. The Secretary of the Treasury was not
authorized to fix such a limit. It was his duty, whenever the owner of
the land or his legal representatives should apply for the money, to
draw a warrant therefor without regard to the period which had elapsed
since the sale. The fact that six or any other number of years had
passed did not authorize him to refuse payment. The person entitled to
the money could allow it to remain in the treasury for an indefinite
period without losing his right to demand and receive it. It follows
that if he was not required to demand it within six years, he was not
required to sue for it within that time.
The case at bar is easily distinguishable because here, the
Government contends that plaintiff never had a right to the fund in
suit, and it has been holding adversely to him ever since the deduction
was first made. In the cited cases the only barrier imposed by the
defendant against plaintiff's recovery was the passage of time.
Plaintiff next contends that his claim comes under the exception to
the limitations period of Section 2501, which provides:
A petition on the claim of a person under legal disability or beyond
the seas at the time the claim accrues may be filed within three years
after the disability
"Disability" is of course a term of many meanings. A person whose
driver's license has been revoked might be deemed to be under a
"disability", but we suppose it would not toll the running of
limitations under Section 2501 as to any claim against the Government he
might have. Logically, one would look for a "disability" that impaired
his access to the Court of Claims in some manner. Plaintiff's counsel
cheerfully concedes that whatever of such access he has today, he had in
1946 when the claim accrued, and has had at all times in between. While
the "disability" proviso speaks of all citizens without discrimination,
plaintiff seeks to invoke it by some mystique peculiar to Indian law.
We do not reject that idea without examining it with care and
solicitude, as befits the modern attitude towards that much wronged
race.
Plaintiff asserts that his status as a "noncompetent" Indian is
indistinguishable from the disability of infancy or mental incapacity.
We reject that view. The classifications as "noncompetent" is in
reference to plaintiff's being an allottee of a trust patent issued
pursuant to the General Allotment Act, which provides that any such
allottee shall be incapable of alientating his allotment during the
period of the trust. The Act of 060508, 25 U.S.C Section 349, amended
the General Allotment Act to provide that:
and he is authorized, whenever he shall be satisfied that any Indian
allottee is competent and capable of managing his or her affairs at any
time to cause to be issued to such allottee a patent in fee simple, and
thereafter all restrictions as to sale, incumbrance, or taxation of said
land shall be removed and said land shall not be liable to the
satisfaction of any debt contracted prior to the issuing of such patent:
###
In the plaintiff's case, the Secretary has never issued to him a
patent in fee simple, and therefore as to this allotted land he remains
to that extent "noncompetent". That, however, does not mean plaintiff
is not otherwise capable of managing his affairs and dealing with any
other property he might own in any manner he wishes. This
"noncompetency" in relation to his trust allotment would not prevent him
from making a will, or entering a contract which did not involved the
allotted land. There may be other reasons, apart from his being a
holder of a patent on restricted land, why plaintiff could be adjudged
legally incompetent, but he has alleged none in this proceeding.
Indeed, if such were the case, this action would have to be prosecuted
by his duly appointed representative under Rule 61(c), and his suing in
his own name confesses that such "disability" does not exist. The
Supreme Court said in Poafpybitty v. Skelly Oil Co., 390 U.S. 365,368-69
(680000):
# # #. In our view, these restrictions on the Indian's control of
his land are mere incidents of the promises made by the United States in
various treaties to protect Indian land and have no effect on the
Indian's capacity to institute the court action necessary to protect his
property. # # #
We might infer as a corollary to that statement that the "have no
effect" language cuts both ways; that is, the Indian, while not
handicapped by his restricted status, is not thereby given a crutch with
which to avoid a clear mandate of Congress, i.e., the statute of
limitations.
The most authoritative treatise on the subject of Indian law is the
handbook, Federal Indian Law, written by the late Felix Cohen, and
published by the Department of the Interior. We refer to Cohen on
Indians as we would to Wigmore on Evidence. United States v. The Native
Village of Unalakleet, 188 Ct. Cl. 1, 12, 411 F. 2d 1255, 1259-60
(690000). Mr. Cohen devoted an entire section of his book to the
meanings of "incompetency". In the 580000 edition at page 553, under
the heading Restricted Meanings, is the following:
# # #. Perhaps the most frequent special use of the term
"incompetency" is to describe the status of an Indian incapable of
alienating some or all of his real property. Such an Indian may be
competent in the ordinary legal sense. An outstanding example is
Charles Curtis, who, though he became Senator and Vice President of the
United States, remained all his life an incompetent Indian, incapable of
disposing of his trust property by deed or devise, without securing the
approval of the Secretary of the Interior.
Plaintiff's reliance on Chisholm v. House, 183 F. 2d 698 (10th Cir.
500000), is clearly misplaced. That was a suit by the heirs of a
deceased Creek Indian to recover from trustees of the deceased, certain
fees and loans which were alleged to be "exorbitant, unconscionable and
fraudulently obtained".
The defendant-trustees were private parties, the statue of
limitations involved was prescribed by state law, not the Tucker Act,
and the corpus of the trust did not include any "restricted" property.
In ruling that the action was not barred the court said, at 706:
# # # neither the statue of limitations nor laches operate to bar a
claim based upon undiscovered fraud or fraud of which the plaintiff was
justifiably ignorant. # # #
That observation would apply to other claimants than Indians. The
court found justifiable ignorance because the cestui que trust, the
deceased Indian, although legally competent,
# # # could neither read nor speak the English language, he knew and
understood only what was explained to him through an interpreter, and
even then it is manifest on this record that he had little or no
knowledge or understanding of his affairs, or the manner in which they
were being administered. # # #
In Chisholm, the plaintiff was not a "noncompetent" Indian. In this
case, so far as the record shows, the plaintiff is not an "incompetent"
Indian, either in fact or in law.
Plaintiff has not alleged his factual incompetency, nor has he
alleged that any official of the Government was guilty of fraud or
unconscionable actions or of withholding information upon which to base
this action. Indeed, in 560000, plaintiff sued in the Supreme Court for
recovery of capital gains taxes levied on the same transaction under
scrutiny here. Squire v. Capoeman, 351 U.S. 1 (560000). He was
represented there by a member of the same capable law firm of which his
present counsel is another member. Plaintiff's present counsel concedes
that all of the information necessary to prosecute the instant claim was
known to plaintiff and his counsel at the time of the former suit. Thus
we have every reason to believe that nothing prevented plaintiff from
pressing the instant claim at least by the time he brought the former
action, in 560000.
Plaintiff's final contention is that the statute of limitations is
not applicable to bar "a restricted Indian's claim against the United
States for misappropriation of his trust funds". He refers us to
several tax cases which, he says, have held that the status of being a
restricted Indian is sufficient to toll the running of a statute on a
claim against the Government.
It will be noted that this branch of the argument does not turn on
the "disability" or any other express exception to 28 U.S.C. section
2501, as the cases to be cited construe statues of limitations having no
pertinent express exception. Nash v. Wiseman, 227 F. Supp. 552 (W.D.
Okla. 1963), involved a Federal estate tax which had been erroneously
paid by the Area Director of the Bureau of Indian Affairs when he filed
a return on behalf of the estate of a deceased Indian. Upon refusal of
the Area Director to claim a refund, the heirs brought an action for a
refund in the District Court. Even though the three year limitation
period provided for claims for refund in the Internal Revenue Code of
1939, section 910, had run with no claim filed, the court allowed the
action, holding that "a restricted Indian is a ward of the Government
and a refund claim can be filed for such a one at any time". Similar
issues were involved in Daney v. United States, 247 F. Supp. 533 (D.
Kansas 1965), aff'd, 370 F. 2d 791 (10th Cir., 1966), where the Indian
Office prepared the tax return and paid the liability out of plaintiff's
restricted funds. The court there said at 535 "the noncompetency of an
Indian tolls the applicability of the statute of limitations".
In Dodge v. United States, 176 Ct. Cl. 476, 362 F. 2d 810 (1966), the
Superintendent of the Osage Indian Agency had filed income tax returns
on behalf of the noncompetent Indians involved, and had paid tax on
their "headright" income, following a General Counsel's Memorandum,
G.C.M. 26399-1950-2 Cum. Bull. 8. Some ten years later, this court in
Hayes Big Eagle v. United States , 156 Ct. Cl. 665, 300 F. 2d 765
(1962), had held that "headright" and other trust income of noncompetent
Osage Indians was not subject to Federal income tax. The Superintendent
thereupon filed refund claims which the IRS disallowed because of
Section 322 (b) (1) of the 1939 Code, which provides that no refund
shall be allowed unless the claim was filed within three years of filing
of the return or two years of payment of the tax. This court cited Nash
and Daney with approval and found an "equitable exception" to the above
limitations period in the case of noncompetent Indians with trust
income. Chief Commissioner Bennett, in a succinct and scholarly opinion
adopted by the court, relied, in part, on an opinion of Attorney General
Harlan F. Stone, 34 Ops. Att'y. Gen. 302, 305 (1924):
# # # In fact, so far as the actual payment concerned, it was in many
cases a matter of bookkeeping and so perfunctory that the Indians
accepted it as a matter of course and as an unquestionable expenditure
of their funds by their conservator and guardian acting for the
paternalistic Federal Government. The superintendent acted for them
because of their recognized incompetency to act for themselves. The
governmentally appointed agent, I refer to the superintendent, having
paid this money over, failed to discover the irregularity of his action
within the five-year period provided by the income-tax statutes as the
limitation period for making claims for recovery. The Indian is not to
blame for this, and, if the Government could take advantage of the
mistake of its own agent in this regard, it could go just one step
farther and in the interests of its revenue instruct the superintendent
to allow such claims to lapse. It is needless to remark that such a
practice would be repugnant to our conception of a just and fair
government's policy toward this dependent people. Having appropriated
the funds of its wards under a misapprehension, it should have no
hesitancy in returning them. # # # (Emphasis supplied).
Chief Commissioner Bennett also found some evidence of an intent on
the part of Congress to exempt the Indians from the limitations period
of the Internal Revenue Code. He noted the following, 176 Ct. Cl. at
483, 362 F. 2d at 814:
# # # In the context of the Internal Revenue Service's prior
reluctance to establish a more flexible policy toward the Indians,
legislation was proposed in 1957 to waive the statute of limitations on
refund claims for taxes paid on income from restricted lands. S. 1839.
85th Congress. In opposing the 1957 legislation, the Treasury
Department's enunciation of policy was to the effect that the statute of
limitations did not apply in a situation where a government official
erroneously paid a tax on nontaxable income and therefore, the
legislation was unnecessary.
# # # The congressional committee could easily have interpreted the
Treasury letter to mean that the Internal Revenue Service was not going
to use the statute of limitations as a bar to refund where the Indians
had relied on a government official to file the tax return and compute
the tax liability, # # # (Emphasis supplied).
We think that this line of cases is most readily stated as
establishing an implied exception ot the three-year requirement for
claiming tax refunds, when an official of the taxing Government has
prepared the return and should have filed the claim, for an Indian ward.
Occasionally, as in that situation, courts will read exceptions into
tax laws that seemingly provide for none. Select Tire Salvage Co. V.
United States, 181 Ct. Cl. 695, 703, 386 F. 2d 1008, 1012 (670000), and
cases cited. An ordinary taxpayer, preparing his own return or having
it done by an independent accountant or lawyer, would consider a GCM and
not follow it if he thought its conclusions debatable. This is the case
Congress contemplated and it reasonably required that this taxpayer
assert his claim promptly. On the other hand, an official of the United
States Government could not set up his judgment about the meaning of the
Internal Revenue Code in opposition to that of the General Counsel of
the Treasury. Thus the mechanisms that Congress devised, to protect
taxpayers against erroneous Treasury rulings, would not be set in
motion. As to this Indian an exception to the three-year period is
required to enable other parts of the Code to operate as they were meant
to do. The Indian's claim on the court's sympathy is essentially
equitable, for he may be deemed the victim of a conflict of interest, or
something akin thereto, in that the person who purported to act for him
as guardian or trustee could not exercise his unfettered judgment on the
ward's behalf. The case was not within the contemplation of Congress,
and it was not its purpose to foreclose it.
Such a restructuring an unambiguous limitation in a taxing statute is
not to be done lightly and in the absence of a clear and convincing
showing of why. As Mr. Justice Butler wrote in the leading case along
that line, Helvering v. New York Trust Co., 292 U.S. 455, 464 (340000):
The rule that where the statute contains no ambiguity, it must be
taken literally and given effect according to its language is a sound
one not to be put aside to avoid hardships that may sometimes result
from giving effect to the legislative purpose. # # #
After this preliminary which showed that the true issue was the
legislative purpose, he proceeded to investigate whether that purpose
agreed with the literal language, and showed that there it did not.
Having followed plaintiff into the thicket of tax law, we return with
the knoweldge that the question whether to read an implied exception
into a statue is to be answered after inquiry into the purpose of the
statute involved.
The statute here is 28 U.S.C. Sections 2501 and unlike the plaintiff
in Dodge, supra, ours here offers no reason why the literal language of
the statute might be held to differ from the legislative intent. That
this is the case respecting a provision of the Internal Revenue Code
does nothing to show it also is respecting 28 U.S.C. Sections 2501, and
we are given no materials we might use in duplicating in this different
area Commissioner Bennett's structure of fact and logic he erected in
the Dodge case.
What we really come down to is a naked claim that statutes of
limitations do not run against Indians, competent or not, disabled or
not. This involves a preference of one litigant against another, on
mere racial grounds, that would if intended by Congress be repugnant to
the Constitution. See, United States v. The Native Village of
Unalakleet, supra at 13, 411 F.2d at 1260-61. Cohen says, op. cit.,
supra, at 543:
In the absence of statute, Indian litigants are subject to the same
defenses as other people. Except with respect to restricted property,
they may lose their rights because of laches, and the running of
statutes of limitations.
The footnote, omitted here, shows that the exception as to
"restricted property" relates primarily to suits in which an Indian
contests title to land presently or formerly restricted, as against
another claimant: limitations and laches also do not run while the
Indian is denied citizenship and access to the courts, unlike the case
here. Compare Schrimpscher v. Stockton, 183 U.S. 290 (020000) with
Felix v. Patrick, 145 U.S. 317 (920000). Cohen continues:
They are also subject to the restrictions against suning sovereigns
without their consent.
Congress has made specific provision for modifying or waiving the
statute of limitations for Indians in several instances. In Sections
70a of the Indian Claims Commission Act, 60 Stat. 1049,25 U.S.C Sections
70 (460000), the Commission is authorized to hear claims accruing before
460813, "on behalf of any Indian tribe, band or other identifiable group
of American Indians ### notwithstanding any statute of limitations or
laches". In 25 U.S.C. Section 347, provision is made for the
application of state statutes of limitations in certain suits involving
lands patented in severalty under treaties. This is some evidence to
the effect that where Congress wants to make exceptions for Indians, it
will so provide. There is no such exception in the Tucker Act, and we
cannot by judicial fiat expand our jurisdiction beyond the statutory
limits established by the Congress. Graf v. United States, 87 Ct. Cl.
495, 24F. Supp. 54 (1938).
It is true that the cases speak of the "special relationship" of the
Indians vis-a-vis the Government, variously referred to as a "wardship"
or a "guardianship", see Blackbird v. Commissioner, 38 F. 2d 976 (10th
Cir. 1930), and cases cited therein; and in the interpretation of
statutes relating to the Indians the courts have mentioned "a rule of
liberal construction", Choate v. Trapp, 224 U.S. 665 (1912); and have
said that "General Acts of Congress did not apply to Indians unless so
expressed as to clearly manifest an intention to include them", Elk v.
Wilkins, 112 U.S. 94, 100 (1884). But it is equally true that the
Supreme Court has been quick to confine such broad language to the
context in which it was used. Cf. United States v. First National Bank,
234 U.S. 245, 259 (1914), where the Court held that the rule that words
in treaties and statutes must be interpreted as the Indians understood
them is not applicable where the statute is not in the nature of a
contract and does not require the consent of the Indians to make it
effectual. In F.P.C. v. Tuscarora Indian Nation, 362 U.S. 99, 116
(1960), the Court, in reference to the Elk v. Wilkins rule, supra, said:
by many decisions of this Court that a general statute in terms applying
to all persons includes Indians and their property interests. ###
In Mann v. United States, 399 F. 2d 672 (9th Cir. 1968) the court
held that the two-year limitation of the Federal Tort Claims Act, 28
U.S.C. Section 2401(b), bars the untimely suit of an Indian claimant.
He attempted without avail to show that the nature of his life as an
Indian kept him from knowing that he could sue.
We hold on reason and authority that plaintiff's claim is barred by
the statute of limitations in 28 U.S.C. Section 2501.
In view of this, we find it unnecessary to pass on the merits of
plaintiff's claim.
Accordingly, plaintiff's claim is barred because it accrued more than
six years prior to bringing this suit. His motion for summary judgment
is denied and his petition is dismissed. Defendant's motion for summary
judgment is granted.
HEL-009-0757-0770
HEL-009-0757-0770
MELICH, M DOI
710113
CORRESPONDENCE
PITTLE, H DOJ
UNITED STATES DEPARTMENT OF JUSTICE WASHINGTON, D.C. 20530
710113
INTERIOR DEPT.
DRW:HP 90-1-23-1529 710115 SOLICITOR
Mitchell Melich, Esquire Solicitor Department of the Interior
Washington, D. C.
Dear Mr. Melich:
This will refer to the case entitled Horton Capoeman v. United
States, No. 524-69, in the United States Court of Claims. (Your
reference: Bureau of Indian Affairs).
This case is expected to be reached for oral argument on Tuesday,
710209.
Sincerely,
Assistant Attorney General Land and Natural Resources Division
By: Herbert Pittle Attorney
cc: Portland 710121 (ILLEGIBLE)
HEL-009-0771-0771
HEL-009-0771-0771
MELICH, M DOI
701203
CORRESPONDENCE
CPC
340 - If you have one of these perhaps 350 would be interested in
seeing this one (illegible)
HEL-009-0772-0772
HEL-009-0772-0789
701112
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
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.
Air Mail
For Information
TO Commissioner, Washington, D. C.
FOR ATTENTION OF: Acting Director Economic Development, Phil Corke
FROM A. W. Galbraith Portland, Oregon
DATE: 701112
SUBJECT Attached copy. This may interest you in light of the
Quinault Task Force Report. (ILLEGIBLE)
HEL-009-0773-0773
HEL-009-0772-0789
COMM BIA WASH DC AREA DIR SUPT
701104
CORRESPONDENCE
PITTLE, H DOJ WASH DC
RECEIVED
701109
UNITED STATES DEPARTMENT OF JUSTICE WASHINGTON, D.C. 20530
701104
DRW:HP
90-1-23-1529
701105
Mitchell Melich, Esquire Solicitor Department of the Interior
Washington, D. C.
Dear Mr. Melich:
There is enclosed a copy of Plaintiff's Reply to Defendant's Motion
for Summary Judgment filed in the case entitled Horton Capoeman v.
United States, No. 524-69, in the United States Court of Claims. (Your
reference: Bureau of Indian Affairs).
You will be informed promptly of all further developments.
Sincerely,
Assistant Attorney General Land and Natural Resources Division
By: Herbert Pittle Attorney
Enclosure
701019
In the UNITED STATES COURT OF CLAIMS
HORTON CAPOEMAN,
Plaintiff,
v.
THE UNITED STATES OF AMERICA,
Defendant.
Docket No. 524-69
PLAINTIFF'S REPLY TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
and
PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
Charles A. Hobbs Attorney of Record for Plaintiff 1616 H Street, N.W.
Washington, D.C. 20006
WILKINSON, CRAGUN & BARKER Charles H. Gibbs, Jr. Of Counsel
TABLE OF CONTENTS
Table not keyed, see original
TABLE OF CASES AND AUTHORITIES
Table not keyed, see original
Statutes and Miscellaneous
Table not keyed, see original
In the UNITED STATES COURT OF CLAIMS
HORTON CAPOEMAN,
Plaintiff,
v.
THE UNITED STATES OF AMERICA
Defendant.
Docket No. 524-69
PLAINTIFF'S REPLY TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
and
PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
Plaintiff's case in summary is this: in 070000 the Government
promised him that his trust estate would be preserved intact for him
during the trust period, and would not be reduced to pay debts incurred
by him, and would not be reduced by "charges" imposed on the estate.
The Supreme Court has held that freedom from a "charge or incumbrance"
means freedom from taxes. Squire v. Capocman, 351 U.S. 1 (1956). A
fortiori, it means freedom from the charges which the Government has
imposed here.
Plaintiff does not rely on the argument that the charges sought to be
imposed by the Government are unfair. 1/ Plaintiff only contends that
the Government promised not to impose them, and should be held to that
promise, the same as in Squire v. Capoeman, supra.
The Government having made that promise in 070000 2/ and having
embodied that promise in the plaintiff's trust patent, the Government
cannot be heard to revoke that promise unilaterally, at least not
without being required to pay just compensation for abrogation of a
vested right. Choate v. Trapp, supra. 3/ Indeed, Congress apparently
does not intend to revoke its promise; in 640000, in amending the Act
which authorizes the Secretary to cut timber from individual allotments,
Congress indicated that it did not then intend, and presumably never did
intend, to impose a charge which
1/ It was not argued in Squire v. Capoeman, supra, that taxes on
Indians were unfair or excessive; only that the Government had
impliedly promised that the Indians would not have to pay them. It may
seem overly generous to say that an Indian need not reimburse the
government (either through taxes or direct charges) for the expenses
which the Government paid out for the protection of the Indian's
property, but that was the Government's undertaking, for good
consideration. See note 2 below.
Actually, there is a question of fairness in that the Government
collects the 10% charge only from sales involving the timber alone;
when the Indian sells the land along with the timber, the Government
chooses not to assess the charge.
2/ Thus, implementing its declaration to all Indians made in the
General Allotment Act of 1887, and in consideration of plaintiff's
implied agreement to give up his tribal form of ownership, to accept his
allotment, and to accept the sovereignty of the United States. See
Choate v. Trapp, 224 U.S. 665, 672 (120000).
3/ Choate v. Trapp, supra, is dispositive of this case, assuming
Congress did intend to impose the charges here challenged. In that case
Congress provided for nontaxable allotments for certain Indians, in
return for the Indians giving up their interest in tribal property. The
Supreme Court said that this gave the Indians vested rights to be exempt
from taxes, and that these rights were protected by the Fifth Amendment.
224 U.S. at p.678. would constitute a taking of a vested right.
Congress said:
"It is the intention of Congress that a deduction for administrative
expenses may be made in any case unless the deduction would + + + amount
to a taking of private property for public use without just compensation
in violation of the fifth amendment to the Constitution." 78 Stat. 187
(Emphasis added). Therefore, either the charges were not intended by
Congress and should be refunded, or they were intended by Congress and
plaintiff is entitled to just compensation.
The Government's defense is that a trustee has authority to charge
the trust for proper expenses incurred in running the trust. That is
generally true, but not where the trustee promises not to impose such
charges, as here.
The Government also claims the statute of limitations has run. But
the statute does not run against a person under a legal disability, such
as plaintiff, nor on a cestui's claim against his trustee until there
has been an accounting. Moreover, as the cases make clear, the statute
does not run on a restricted Indian's claim against the United States
for refund of charges improperly collected from the Indian's trust
property by the United States acting as trustee. Dodge v. United
States, 176 Ct.C1. 476 (660000).
We now turn to a detailed response to the points made in defendant's
brief.
DEFENDANT'S FACTS
Defendant's statement (p.2) is misleading in that it implies that at
the expiration of the trust period, the trustee will convey to plaintiff
a patent in fee, free of all charges except for those charges or
incumbrances approved by the Secretary of the Interior. Any such
implication is unfounded. The General Allotment Act states that at the
expiration of the trust period, the trustee shall transfer the patent in
fee to the Indian "free of all charge or incumbrance whatsoever."
(Emphasis added). Squire v. Capoeman, supra, did not suggest any
exception for charges approved by the Secretary, and in fact struck down
charges (taxes) which the Secretary had apparently approved. 4/
Defendant argues (p.2) that the sale of the timber on plaintiff's
land was made "by the plaintiff with the approval of the Secretary of
the Interior." Plaintiff had nothing to do with the making of the
contract of sale. Exhibit 3 to Mr. Howard's affidavit attached to
defendant's motion is a power of attorney from plaintiff authorizing the
Superintendent of the Taholah Indian Agency to enter into a contract for
the sale of timber upon plaintiff's trust land. Exhibit 2 is the
contract with the Aloha Lumber Company signed by the Superintendent.
Thus, clearly the sale of plaintiff's timber was not made by plaintiff.
Defendant (p.3) states plaintiff's argument in terms of violating
plaintiff's "vested right" in the trust patent. To insure that we are
correctly understood, we repeat: our contention is that the United
States by the trust patent in 070000 guaranteed to hold plaintiff's land
in trust, to subject it to no charges nor incumbrances whatever, nor to
allow it to be liable for the satisfaction
4/ See p.5, Def. Ex. 6, which notes that the Secretary gave plaintiff
a check for $362.20 "for the purpose of paying income tax on his
timber." of debts. Such a guarantee by the defendant vested a right in
plaintiff to have defendant's undertaking performed. The impairment of
such a vested right of private property subjects the defendant to a
claim for just compensation. Choate v. Trapp, supra, at 677-8.
DEFENDANT'S ARGUMENT
1. Statute of Limitations
A. First, defendant appears to be contending that because
plaintiff's attorney sought certain information from the defendant on
behalf of his client, and because in answering defendant included
certain evidence now used in this case, defendant had thereby rendered
an "account stated" thus openly terminating its trustee relationship
with plaintiff as to this fund.
Plaintiff's attorney, Mr. Cragun, was preparing to appear before the
Supreme Court on behalf of plaintiff in the case of Squire v. Capoeman,
supra, contending that a capital gains tax on the proceeds from the sale
of plaintiff's timber was a "charge or encumbrance". To clarify the
record with regard to the sale, Mr. Cragun sought certain information
from the Commissioner of Indian Affairs. See Mr. Cragun's letter, Def.
Br., Ex. 7. Mr. Cragun was not interested in the timber deductions and
did not ask about them. The Bureau's response to Mr. Capoeman
volunteered the following clause (Def. Ex. 4, p.2):
"The total volume removed from your allotment was 3,257,520 ft. for a
total value of $15,080.80. Of this amount $13,841.93 was credited to
your individual account and the remainder or $1,238.87 was transferred
to the Treasury of the United States for administrative expenses."
According to defendant (p.8) the above language constitutes "an
accounting of the 430000 timber sale", so that the statute of
limitations began to run when it was furnished. To state the contention
is to refute it.
The above quoted language is obviously not a formal accounting of
defendant's trusteeship over plaintiff's property. Even if it were,
plaintiff was (and still is) under a disability, viz, is a
"noncompetent" Indian, and therefore an accounting to him would not
start the statute of limitations. The only way defendant could start
the statute would be to declare plaintiff competent, or cause a guardian
other than defendant to be appointed for plaintiff, and then render the
accounting to that guardian.
Plaintiff does not contend that he never knew of the illegal
deduction. He undoubtedly had been told of it in 460000, when it was
made. But it is not plaintiff's knowledge which is relevant, it is his
disability--his inability to act wisely upon that knowledge which
matters. The deduction was illegal, and the duty to sue was defendant's
which, of course, did not bring suit against itself. Can plaintiff be
denied a claim because defendant failed to sue itself? Then-Attorney
General Harlan F. Stone answered that question in no uncertain terms:
"The governmentally appointed agent--I refer to the
Superintendent--having paid this money over, failed to discover the
irregularity of his action within the five-year period provided by the
income-tax statutes as the limitation period for making claims for
recovery. The Indian is not to blame for this, and, if the Government
could take advantage of the mistake of its own agent in this regard, it
could go just one step further and in the interests of its revenue
instruct the superintendent to allow such claims to lapse. It is
needless to remark that such a practice would be repugnant to our
conception of a just and fair government's policy toward this dependent
people. Having appropriated the funds of its wards under a
misapprehension, it should have no hesitancy in returning them." 34 Ops.
Att'y. Gen. 302, 305 (240000) (Emphasis added).
B. Defendant next argues that plaintiff is not "noncompetent" so as
to come under the exception to the statute of limitations. 5/ Plaintiff
is under a legal disability imposed by defendant. This disability was
created on the presumption that an Indian lacked the ability to manage
his own affairs and it is to continue until removed by the Secretary's
findings that the Indian is no longer incompetent. The Secretary has
not made such a finding in plaintiff's case. Until that finding is
made, plaintiff must seek and obtain approval of the Secretary before he
may hire an attorney (25 U.S.C. Section 82), hold land in fee (25 U.S.C.
Section 348), 6/ sell his trust land (25 U.S.C. Section 392), make a
valid will (25 U.S.C. Section 373) and/or pay a debt of or claim
against the beneficiary arising during his trust period (25 U.S.C.
Section 410). 7/
Clearly plaintiff was (and is) "under legal disability." Just as the
statute is tolled during minority, so is it tolled during "disability"
as a ward of the government. Just as an infant's disability is intended
as a shield for him, so also should a noncompetent
5/ 28 U.S.C. Section 2501 provides in relevant part: "A petition on
the claim of a person under legal disability or beyond the seas at the
time the claim accrues may be filed within three years after the
disability ceases."
6/ It is interesting to note that not only may an Indian not own his
own land in fee without secretarial approval, but once he gets it, the
Secretary may take it away from him again. 25 U.S.C. Section 352a.
7/ See also 25 U.S.C. Section 354.
Indian's disability be treated. Here, plaintiff is not attempting to
avoid a debt for which he knowingly contracted (even though such a debt
could not be levied against his allotment). The defendant undertook to
manage plaintiff's trust res and to do so without charge to plaintiff.
Plaintiff is now seeking to hold the defendant to its undertaking.
Defendant should not be availed of the use of the statute of limitations
to avoid its undertaking.
C. Finally, defendant attempts (p.14) to distinguish this situation
from that presented to this court in Dodge V. United States, 176 Ct.C1.
476, 362 F.2d 810 (1966), on the ground that there "the trustee itself
refused to proceed against itself and properly protect the interests of
the beneficiary and since the trustee was setting up the bar of
limitations, it would not be allowed." The only distinction between that
situation and the one faced here is that a different agency of the
Government is involved. Here the Secretary of the Interior chose not to
proceed against himself. In Dodge, he failed to proceed against the
Commissioner of Internal Revenue. Thus the conflict of interest in this
situation is even more pronounced because it exists within the confines
of one department. Plaintiff cannot be held responsible for the failure
of the trustee.8/
Defendant cites Mann v. United States, 399 F.2d 672 (9th Cir. 1968)
as relevant. In Mann, the Ninth Circuit held that an Indian must sue
under the Federal Torts Claim Act within the two-year limitation period
for an alleged tort. Mann is irrelevant because 8/ See language of
Attorney General Stone, quoted, supra, pp.6-7. it does not deal with
the situation present in this case, i.e., the government in that case
was not acting as trustee for the property of an Indian.9/
In short, it seems clear that the statute of limitations is not a
valid defense to an action brought by a beneficiary against the trustee
who reneged on his promise not to charge the beneficiary for its
service.
11. The Merits
Defendant asserts (p.19) that the deduction for administrative
expenses is not a "charge" as the word is used in the General Allotment
Act or in plaintiff's deed, but is a "charge for the expense of
administering the trust" authorized by statute. A charge is a charge.
It may be true that the charges were deducted pursuant to statutory
authority,10/ but if Congress in passing the "authorization" intended to
deprive plaintiff of a vested right - the right, the obligation of
defendant to hold his property free from any and all charges - then just
compensation lies.
Defendant granted plaintiff his patent in 070000. In 100000,
Congress authorized the Secretary to sell timber from Indian
9/ Furthermore, where a tort is involved, as in Mann, there is more
reason for the strict application of the statute of limitations, so as
to assure that the events are fresh in the minds of the witnesses and
that the evidence is not stale. In this case, the evidence is all
unquestioned. Def. Exs. 1-7.
10/ 25 U.S.C. Section 413. But as we point out above, p.3, and see
the next footnote, there is evidence that Congress did not intend to
impose charges on Indians who had been promised that their land would
not be charged. allottees' lands.11/ In 200000, Congress authorized the
Secretary of the Interior to collect reasonable fees for work performed
for individual Indians or tribes.12/ Plaintiff agrees, of course, that
the statutes were passed, but if these statutes authorized the
impairment of his rights, defendant is subject to liability for a Fifth
Amendment taking. Choate v. Trapp, supra, at 677-8.
Defendant also contends (p.19) that since defendant can refuse to
authorize the sale of any timber at all from plaintiff's allotment, it
can authorize the sale under any condition it may choose. Even if the
premise were true,13/ the conclusion would not follow; defendant is not
free to disregard its promise not to impose charges.
Defendant claims also (p.19) that the universally recognized rule is
that the trustee may recover, from the trust corpus, expenses properly
incurred in its administration. However, there is another universally
recognized rule, and it controls here, and that is that the trust
instrument controls the payment, if any, of the
11/ 25 U.S.C. Section 406 prior to amendment of 640430. It is
interesting that Congress was aware that the deductions for
administrative expenses could amount to a Fifth Amendment taking; the
640000 Amendment to 25 U.S.C. Section 406 specifically provides:
"It is the intention of Congress that a deduction for administrative
expenses may be made in any case unless the deduction would . . . amount
to a taking of private property for public use without just compensation
in violation of the fifth amendment to the Constitution." 78 Stat. 187.
The legislative history is inconclusive. See S. Rept. 672, 88th
Cong., 1st Sess. (630000) and H.R. Rept. 1292, 88th Cong. 2nd Sess.
(640000).
12/ 25 U.S.C. Section 413.
13/ We do not think defendant could freeze all timber sales
indefinitely; as trustee, defendant is under a duty to make the asset
productive. trustee's fees and expenses.14/ The trust patent guaranteed
there would be no charge and the defendant is now bound by its own
guarantee.15/
Defendant (pp.20-22) makes a great deal of United States v. Eastman,
118 F.2d 421 (9th Cir.), cert. den., 314 U.S. 635 (410000). That case
is irrelevant because plaintiff's cause of action here is based on the
General Allotment Act, not on the Quinault Treaty.16/ Moreover, Eastman
was decided prior to Squire v. Capoeman, supra.
Finally, neither Choctaw Nation v. United States, 91 Ct. C1. 320
(400000) nor Barclay v. United States, 166 Ct.C1. 421 (640000) is
relevant. Choctaw deals with a treaty with a tribe in which the United
States specifically undertook to perform certain duties for a tribe at
its own expense. Appraising timber was not one of the duties
specifically undertaken. The United States, however, was obligated to
perform the duties it had specifically undertaken.17/ Barclay is
irrelevant because the regulation given the "force of law" concerned the
acceptance of bids submitted to purchase unalloted timber. It does not
deal with the power of Congress to abrogate vested rights without paying
just compensation.
14/ See, e.g., Seiple v. Mitchell, 239 Ala. 533, 195 So. 865
(400000).
15/ The defendant also provided that the land not be used to satisfy
a debt existing prior to the issuance of a fee simple (25 U.S.C.
Section 349, supra). These administrative charges are debts.
16/ Defendant says (p.19) that plaintiff contends that the imposition
of the ten percent charges violates the Quinault Treaty. We made no
such claim, either in the complaint or in the brief.
17/ See also Confederated Tribes v. United States, 167 Ct.C1. 405
(640000).
CONCLUSION
For the reasons stated above, this Court should grant plaintiff's
motion for summary judgment, deny defendant's motion for summary
judgment and enter judgment for $1,238.87 plus interest from date of
wrongful deduction to date of refund.
Charles A. Hobbs Attorney of Record for Plaintiff 1616 H Street, N.W.
Washington, D.C. 20006
WILKINSON, CRAGUN & BARKER Charles H. Gibbs, Jr. Of Counsel
701019
HEL-009-0774-0789
HEL-009-0772-0789
MELICH, M DOI WASH DC
700311
CORRESPONDENCE
GOSS, E D DOI WASH DC
CC-324-69 25268.4185 Your reference: DRW:HP 90-1-23-1529
UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF THE SOLICITOR WASHINGTON, D.C. 20240
700311
Honorable Shiro Kashiwa Assistant Attorney General Land and Matural
Resources Division Department of Justice Washington, D.C. 20530
Re: Copoeman v. United States, No. 524-69, in the United States
Court of Claims
Dear Mr. Kashiwa:
Enclosed are duplicate copies of a memorandum dated 700209, and
accompanying enclosures from the Associate Commissioner of Indian
Affairs which constitute the Bureau's report on the background of this
litigation. Enclosed also are two copies of a statement by Mr. John W.
Cragum on 630925, before the Subcommittee on Indian Affairs of the
Senate Committee on Interior and Insular Affairs.
The documents show that the facts as alleged in the complaint are
true. Authority for the deductions made in the sale of Mr. Capoeman's
timber for administrative expenses, totaling $1,238.87, may be found in
25 CFR 61.25 (1940 and 1949); the equivalent current regulation is 25
CFR 141.18. Authority for the regulation is the Act of 200214, 41 Stat.
408, 415 (25 U.S.C. sec. 413). That act was amended by the Act of
640430, 78 Stat.186 (25 U.S.C. sec. 406(a)). Both of these acts amend
the Act of 100625, 36 Stat. 855, 857 (25 U.S.C. sec. 406, 407).
The purpose of that portion of the Act of 1964 that relates to the
question in this case has not been easy to pin down. The language is:
It is the intention of Congress that a deduction for administrative
expenses may be made in any case unless the doduction would violate a
treaty obligation or amount to a taking of private property for public
use without just compensation in violation of the fifth ammendment to
the Constitution.
This appears in section 8(a), at page 187 (25 U.S.C. 406(a)). It
appears merely to state an obvious preposition of law. It is referred
to in a eryptic and unhelpful paragraph which appears in identical form
in letters of 630501, to the President of the Senate and the Speaker of
the House of Representatives, and in a letter of 640424, to the Director
of the Bureau of the Budget, all signed for the Department of the
Interior by the Assistant Secretary:
6. With respect to sales of timber from allotted Land, the 1900 Act
of course makes no reference to the later 1920 Act with respect to
deduction for administrative expenses. The amendment indicates a
congressional intention that the 1920 Act shall apply unless its
application would violate a treaty or the Fifth Amendment. This will in
our opinion maintain the status is as we understand the law today.
The legislative history of the bill that finally because the Act of
640430, began at least as far back as 591224. It is interesting to
note, then, that the quoted language from section 8(a) did not appear
anywhere until 620813. It appeared then in the report on the bill from
the House Committee on Interior and Insular Affairs. H.R. Rep. No.
2183, 87th Cong., 2d Sess. (1962). The report, at page 3, recites
merely that the amendment "spells out congressional intent with regard
to charges for administrative expenses ++++" Thereafter, the language is
retained in each successive proposed draft without further comment
(except for the paragraph "6" quoted above). The enclosed testimony of
the late Mr. Cragun, of the law firm now representing Mr. Capoeman, is
pertinent at page 4 to 7.
The issue raised in the case is obviously one of importance, since it
draws into question procedures that have been basic to the Bureau's
operations for fifty years. Assuming arguendo that the statute of
limitations would be tolled in cases of this type for the duration of
the trust period, a decision on the merits in Mr. Capoeman's favor would
likely result in more such litigation, and would surely result in
increased governmental expenditures. The deductions made under the
200000 act, as spelled out in identical letters of 610807, to the
chairman of the House and Senate committees, from the Assistant
Secretary, approaches one million dollars per year:
Under this authority (of the 200000 act) the Department deducts not
to exceed 10 percent of the sales proceeds to cover administrative
expenses. Such deductions are currently running at the rate of about
$900,000 per year. The 10 percent deduction does not cover the full
cost of administration on most reservations. It equals the cost on some
of them, however, and whenever the cost is less than 10 percent on a
particular reservation the deduction is reduced accordingly. It is
currently 7 percent at Warm Springs.
The reasonableness of the amount of the deductions should, therefore,
not be in doubt.
Horton Capoeman is the same Capoeman who won the Squire v. Capoeman
tax case. 351 U.S. 1 (1956), aff's 220 F.2d 349 (9th cir. 550000),
aff'g 110 F. Supp. 924 (W.D. Wash 520000). There the government
attempted to apply the all-encompassing provisions of a statute
applicable generally to all United States citizens to the capital gain
from the sale of timber of a particular Indian, the status of whose land
was established by special treaties and statutes. Here, Capoeman
attempts to make an argument similar to the one he made in the tax case,
but now in regard to an administration deduction, specifically
authorized by a narrowly drawn statute, for legitimate expenses incurred
by the government as trustee in realizing the value of his land. If the
deduction can be considered a "change or incombrance," then to that
extent the Act of 870208, must be considered to be amended by the 200000
act. More realistically, the deduction should be regarded merely as an
expense of the trust; see 3 Scott, Trusts sec. 244 (3d ed. 670000):
A trustee can properly incur expenses which are necessary or
appropriate for the carrying out of the purposes of the trust. When
such expenses are properly incurred, they should ultimately be borne by
the trust estate rather than by the trustee personally.
The court of appeals in the tax case observed: "The timber +++
constituted the chief value of the land +++. (T)his attempt to tax
evidences, at the least, a sorry breach of faith with those Indians."
Squire v. Capoeman, 220 F.2d 349, 350 (9th Cir. 550000). Clearly, the
United States as trustee would have been guilty of a "breach of faith"
had it not contracted to sell Mr. Capoeman's timber and thus realize the
"chief value" of his land. The Congress, realizing that, passed a
statute granting authority to the Secretary "to collect reasonable fees
to cover the cost." Present regulations establish the maximum fees to be
ten percent of the gross proceeds. The generosity evidenced by the
government in assuming expenses beyond the ten percent limit goes beyond
its duties as a trustee. See 3 Scott, supra.
A case somewhat anslogous to the present complaint by Mr. Capoeman
is Choctaw Nation v. United States, 91 Ct. Cl. 320 (410000), cert,
denied 312 U.S. 655 (410000). The claims there are based on a part of
the Atoka Agreement of 970000, contained in the Act of 980628, 30 stat.
495, 509:
That no charge or claim shall be made against the Choctaw or
Chickasaw tribes by the United States for exponses of surveying and
platting the lands and town sites, or for grading, appraising, and
allotting the lands, or for appraising and disposing of the town lots as
herein provided.
The court said, at 371:
(W)e hold that the United States was not obligated under the
agreements to bear the expense incident to carrying out the provisions
of the agreements and that the plaintiff is not entitled to recover the
amounts herein claimed which were disbursed by the defendant from
plaintiff's funds for such puposes.
Another claim in the case involved a special appropriation of $500
from Indian trust funds to erect a monument to a late Choctaw chief.
The expense, like the deduction involved here, was specifically
authorized by act of Congress. Act of 130630, 38 stat. 77, 97. But the
court said, at 379:
This was not a taking of plaintiff's funds by the government for its
own benefit or for the benefit of another, and Congress possessed
plenary authority to direct the use of Indian funds for any purpose
which it considered to be for their benefit.
The Indians also sought to recover funds distributed for timber
appraisal purposes. But the court rejected this claim also, at 383, for
three reasons, the last that the item was specifically allowed by act of
Congress. Act of 110304, 36 stat. 1289, 1309.
And finally, at 396, the court, citing, inter alia, Lone Wolf v.
Hitchcock, 187 U.S. 533, 554-67 (030000), concluded.
Congress possessed authority as conceded, to direct the use of three
trust funds for any purpose which it deemed for the best interest of the
tribe. Even though such use might not be in accordance with provisions
of a prior treaty, agreement, or act of Congress + + +. We think the
acts of Congress under which the disbursements herein were made were
sufficiently specific to authorize such disbursement to be made from
these trust funds. (Emphasis supplied.)
Sincerely yours,
(SGD) EARLE D. GOSS Earle D. Goss Associate Solicitor Indian Affairs
Enclosures
HEL-009-0790-0793
HEL-009-0790-0818
KASHIWA, S DOJ LDNR WASH DC
780209
CORRESPONDENCE
COMM OF IND AFFAIRS BIA
780209
Forestry
Memorandum
To: Associate Solicitor, Indian Affairs
From: Commissioner of Indian Affairs
Subject: Litigation report giving background to Capoeman v. United
States, Docket No. 524-69, filed in the United States Court of Claims on
691224
We have reviewed the copy of a petition filed with the United States
Court of Claims on 691224, by Attorney Charles A. Hobbs, on behalf of
Horton Capoeman, Docket No. 524-69.
The facts alleged in the plaintiff's petition are true, based upon
records available to us. The following copies of documents pertaining
to the facts are enclosed:
1. General Timber Contract No. I-101-IND-1473, N. P. Trail Unit,
Quinault Reservation.
2. Proposal for purchase of timber submitted by Aloha Lumber
Company.
3. Notice of advertisement of sale.
4. Extension of Contract, N. P. Trail Unit.
5. Individual Allotment Contract covering the Horton Capoeman
Allotment No. 10.
6. Power of Attorney executed by Horton Capoeman.
7. General Timber Sale Regulations, which were attached and made a
part of the contract.
8. Certificate of Completion of Timber Contract covering Horton
Capoeman Allotment No. 10.
DIRECTORS AUTHORIZATION
At a meeting of the Directors of the Aloha Lumber Company hold at
Aloha, Washington, 430422, the following resolution was adopted and
ordered spread on the minutes of the meeting:
RESOLVED: that Paul R. Smith, President, and David A. Kurtz,
Secretary, be authorized to sign for the Aloha Lumber Company, all
papers in connection with the purchase of the timber of the N. P. Trail
Unit, bid on at the Office of the Superintendent, Taholah Indian Agency,
Hoquiam, Washington, on 430410.
Signed Paul R. Smith President
ILLEGIBLE Secretary
SIGNED AND SEALED IN sextuplet this 430510
ALOHA LUMBER COMPANY (Purchaser)
WITNESSES:
ILLEGIBLE Pacific Beach, Wash.
ILLEGIBLE Aloha, Washington
ILLEGIBLE
ILLEGIBLE
APPROVED: 430617
ILLEGIBLE Acting Coordinator of Indian Affairs
By Paul R Smith (President)
By D A Kurtz (Secretary)
By Illegible (Acting Superintendent)
Approved subject to date of execution of contract, i.e., 430422,
being corrected to date subsequent to receipt of Office letter of
430503, accepting bid.
RECEIVED
430616
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF INDIAN AFFAIRS
FOREST SERVICE
PROPOSAL
For the purchase of timber on the Quinault Indian Reservation. Bids
to be opened at the office of Superintendent, Toholah Indian Agency at
3:00 o'clock P.M on the day of 430410
To: Supt., Taholah Indian Agency
SIR:
In response to the notice of sale of timber to be cut from a part of
the Quinaiult Indian Reservation in Washington published in Grays Harbor
Washingtonian at Hoquiam State of Washington, a copy of which notice is
attached hereto, We hereby bid for the timber advertised as follows:
Sitka Spruce $5.00 Douglas Fir 6.00 Western Rod Cedar 4.00 Homlick 1.75
Amabilic Fir 1.75
(ILLEGIBLE) remit herewith a certified check in the amount of Fifteen
Thousand ($15.000) dollars and No cents ($15,000.00) on the Peoples
National Bank of Washington, drawn in favor of Superintendent, Taholah
Indian Agency, as required by the notice of sale, and agree that our bid
is accepted and we shall fail to fulfill our agreement in accordance
with the regulations governing the sale, then the amount of this check
shall be retained as liquidated damages for the use and benefit of the
Quinaiolt Indians. It is understood that if our bid is rejected the
check will be returned.
Respectfully,
Aloha Lumber Company, /s/ By Paul R. Smith, President /s/ D. W. Kurtz
Secretary
INSTRUCTIONS
Enclose this proposal in a sealed envelope addressed as required by
the notice of sale, and plainly mark on the outside of the envelope
"Proposal for timber, to be opened, 19."
If the proposal is made by individuals, acting neither as a firm nor
as a corporation, each must sign.
If the proposal is made by a copartnership, the signature must
consist of the name of the firm followed by the signature of each of the
members of the firm.
If the proposal is made by a corporation, the signature should
consist of the name of the corporation followed by the name of the
proper officer or officers, as required by the laws of the corporation.
This proposal should be submitted in duplicate.
RECEIVED
460212
EXTENSION OF CONTRACT N. P. TRAIL UNIT QUINAIELT INDIAN RESERVATION
CONTRACT NO. I-101-ind-1473
Whereas the Aloha Lumber Company, of Aloha, Washington, is the
purchaser on a contract to cut and remove, and to pay for timber on the
N. P. Trail Unit on the Quinaiolt Indian Reservation, Washington, which
contract was approved by the Acting Commissioner of Indian Affairs on
430617, and,
Whereas said contract will expire on 460331 and,
Whereas there remains as estimated nine million feet of timber on the
unit which is to be cut and removed, and paid for, and
Whereas, the Aloha Lumber Company by it's letter dated 451008 to the
Tcholah Indian Agency, stated that it will be unable to complete the
contract on the unit by 460331, by reason of the shortage of labor in
the past two years and of the lack of relief in the labor situation
since the end of the war, and,
Whereas, Section 43 of the General Timber Sale Regulations which are
attached to and made a part of the contract reads, "Extension of tire
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."
Now therefore the Aloha Lumber Company requests an extension of the
contract for a period of one year from 460331 to 470331. In
consideration of the foregoing, the contract is extended to 470331, and
the said purchaser hereby acknowledges it's obligations under the
contract as extended.
Signed and sealed in sextuplet this 451231
ALOHA LUMBER COMPANY
By: Paul R. Smith Title: (ILLEGIBLE)
The Massachusetts Bonding and Insurance Company, Boston,
Massachusetts, the surety on the bond of the Aloha Lumber Company
covering the N. P. Trail Unit timber contract approved by the Acting
Commissioner of Indian Affairs 430617, hereby consents this 460114, to
the extension of time requested as set forth above and agrees to
continue as surety on the bond during the extended period to 470331, the
same as though no extension of the contract had been made.
MASSACHUSETTS BONDING & INSURANCE COMPANY
By: A. O. Stuberg,
Title: (Attorney-in-fact). 847 Dexter Horton Building Seattle 4,
Washington
Attest:
RECOMMENDED FOR APPROVAL:
460208 (ILLEGIBLE) Superintendent
APPROVED:
460318 (ILLEGIBLE) Act. Commissioner of Indian Affairs
RECEIVED
460212
DIRECTOR'S AUTHORIZATION
This is to certify that at a special meeting of the Directors of the
Aloha Lumber Company hold at its office in the City of Aloha, Washington
on the 451231 there being present PAUL R. SMITH, President and Treasurer
and D. A. KURTZ, Secretary - directors of the said corporation,
constituting a legal quorum for the transaction of business of the said
corporation, the following resolution was unanimously passed, viz:
RESOLVED, That Paul R. Smith be and hereby is appointed and
constituted the lawful agent of the Aloha Lumber Company with full power
to act for said corporation in all matters pertaining to the extension
of time for completion of logging on the N. P. Trail Unit in the
Quinault Indian Reservation.
In witness whereof, we have hereunto subscribed our names and affixed
the official coal of the said corporation at Aloha, Washington this
451231.
(signed) Paul R. Smith President
ATTEST: (ILLEGIBLE) Secretary
(ILLEGIBLE)
(ILLEGIBLE)
Contract No. 101-ind-1483
ALLOTMENT NO. 10
DEPARTMENT OF THE INTERIOR INDIAN SERVICE
TIMBER CONTRACT
THIS AGREEMENT, made and entered into at the Taholah Indian Agency
Hoquiam, State of Washington, this 430529, under authority of the act of
Congress of 100625 (36 Stat. L., 855, 857), between the Superintendent,
Taholah Indian Agency, acting for and in behalf of Horton Capoeman, as
authorized by the attached Power of Attorney an Indian under the
jurisdiction of the Superintendent of the Taholah Indian Agency party,
of the first part, and Aloha Lumber Co., Aloha, Washington, party of the
second part,
WITNESSETH, That the part y of the first part agree to sell to the
party of the second part, upon the terms and conditions hereinafter
stated, all the merchantable standing green timber designated for
cutting under a selective cutting plan and all the merchantable standing
and down dead timber estimated to be Sitka spruce 2060 11 ft
D. Fir 535 N ft
Hemlock 210 N ft
Anabilis fir 15 N ft
Cedar 20 N ft more or less, on the following-described lands, to wit:
Lot 4, Sec. 25, T. 22 N, Range 12 W, W.M., SW/4 SW/4, Sec. 24, within
the limits the T. 22 N, R. 12 W, W. M. (93.25 acres) Quinault Indian
Reservation, situated in the County of Grays Harbor, State of
Washington, the same being lands which have been allotted to Horton
Capoeman under the provisions of the act of 670208
FOR AND IN CONSIDERATION of the foregoing the part y of the second
part agree to pay to the Superintendent of the Toholah Indian Agency,
Hoquiam, State of Washington the sum of Twelve Thousand seven hundred
twenty-three and 75/100 dollars ($12,723.75), more or less, as shall be
determined by the actual scale, measurement, or count, for the said
timber at the rate of Five and No/100 dollars ($5.00) per If for Spruce;
Six and No/100 dollars ($6.00) per N for D. Fir; Four and No/100
dollars ($4.00) per N for cedar; One and 75/100 dollars ($1.75) per N
for Hemlock and Anabillis fir, Scribnor Decimal C Log Scale; for teh
first period of the contract, and such rates for subsequent periods as
may be established under the terms of the general contract covering the
N. P. Trail Unit in trust for said part Y of the first part.
The part Y of the second part further agree to pay ten per cent (10%)
of the estimated value of the timber sold within thirty days from the
date of the approval of this contract by the Superintendent, Taholah
Indian Agency and approval by the Commissioner of Indian Affairs. and
to make advance deposits as shall be necessary to cover all timber
to cutting as required by the attached
Indian Service General Timber Sale Regulations which are made a part of
this contract
The part Y of the second part further undertake and agree that they
will cut and remove the said timber in strict accordance with the
following specifications and the attached Indian Service General Timber
Sale Regulations which are prescribed by the Department of the Interior
as to the sale of timber from Indian Lands:
1. THE APPROXIMATE MINIMUM DIAMETER LIMIT at a point 4 1/2 feet from
the ground to which living trees are to be cut is 14" D.B.H, trees to be
cut designated on a selective cutting plan. Tractor logging is
required.
2. THE MAXIMUM SCALING LENGTH of all logs will be Thirty-two (32)
feet. Timber will be considered MERCHANTABLE as provided in the
attached regulations except that hemlock and Amabilis fir must be one
half or more sound. Pieces twelve feet and longer will be removed and
paid for as merchantable timber and the trees will be utilized to a
diameter of twelve inches in the tops where straight and sound.
3. Unless extension of time is granted by the officer approving this
contract, all timber will be cut and removed on or before 460331
4. The cost of examination, advertisement, marking and scaling of
timber, and the expenses of general supervision and protection of the
sale area and adjacent areas from fires by United States officers shall
be paid from the proceeds of the sale of timber
It is further understood and agreed that this contract shall be void
and of no effect until approved by the Superintendent of the Taholah
Indian Agency and by the Commissioner of Indian Affairs.
Signed and scaled in sextuplet this 430529
Paul Kowith (Signature of President if purchaser is a corporation;
name of firm if purchaser is a partnership)
Attest:
Delkurtz Secretary
WITNESSES:
R. R. Bryer 12271 Carlissade, Seattle ILLEGIBLE ILLEGIBLE ILLEGIBLE
Hoquiam Wash ILLEGIBLE ILLEGIBLE
ALOHA LUMBER COMPANY
By: Paul R. Smith
Title: Pres
ILLEGIBLE
Vincent (ILLEGIBLE) as authorized by the attached Power of Attorney.
Hoquiam, Wash.
The above contract is approved this the 430531, under the conditions
stated therein.
Approved: 430617 ILLEGIBLE Commissioner of Indian Affairs
ILLEGIBLE
Vincent (ILLEGIBLE) Acting Superintendent
NOTE - If the proposal is made by individuals acting neither as a
firm nor as a corporation, each must sign.
If the proposal is made by a partnership, the signature must consist
of the name of the firm followed by the signature of each of the members
of the firm.
If the proposal is made by a corporation, the signature should
consist of the name of the corporation followed by the name of the
proper officer, or officers as required by the by-laws of the
corporation.
In all cases where as officer signs for a corporation, either as
principal or as a surety, there must be attached to the contract either
an original resolution of the board of directors granting the signing
officer, or officers, authority to sign the contract for and in behalf
of the corporation; or a copy of the 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 corporation seal, as a true and correct
transcript of the original resolution.
Unless special authority has been given for the execution of a fewer
number, contracts for the allotment timber will be executed in
quadruplicit.
If the contract is made on behalf of a minor by the father, mother,
Indian Agent, or other officer in charge, the party of the first part
should be described as "A. H. (father, mother, Indian Agent or other
officer in charge, as the case may be) for and on behalf of C.D., a
minor," and the same should be used in the signature.
DIRECTORS AUTHORIZATION
At a meeting of the Directors of the Aloha Lumber Company hold at
Aloha, Washington, 430428 the following resolution was adopted and
ordered spread on the minutes of the meeting:
RESOLVED: That Paul R. Smith, President, and David A. Kurtz,
Secretary, be authorized to sign for the Aloha Lumber Company, all
papers in connection with the purchase of the timber on the H. P. Trail
Unit bid on at the Office of the Superintendent, Taholah Indian Agency,
Hoquiam, Washington on 430410
Signed Paul B. Smith President
ILLEGIBLE LINE Secretary
DEPARTMENT OF THE INTERIOR
INDIAN SERVICE FORESTRY BRANCH
POWER OF ATTORNEY FOR SALE OF ALLOTMENT TIMBER
Quinaiolt INDIAN RESERVATION, Washington
KNOW ALL MEN BY THESE PRESENTS, that I the undersigned, hereby
request, authorize, and empower the Superintendent of the Taholah Indian
Agency Indian School to enter into contract for the sale of the timber
upon the following-described lands: Range 12 W, W.N, SW/4 SW/4, Sec.
24, T, 22 N, R. 12 W, W. N. the same being the allotment of Horton
Capoeman Quinaiolt 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 Sitka spruce $5.00, Hemlock
$125 Douglas fir $5.00, Cedar $3.50, Amabilis fir $1.00 stampage is to
be paid for on illegible fee. A log scale, Sale of timber is authorized
on a solective cutting plan. 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 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 Washington
Witnesses:
John V. Freestone (illegible) M.C.
Patrick A. Dalton
Norton Capoeman
Form No. 5-502
UNITED STATES INDIAN SERVICE-FORESTRY BRANCH.
GENERAL TIMBER SALE REGULATIONS.
1. The word superintendent as used in these regulations signifies
the Superintendent of the Indian Agency or School within the
jurisdiction of which the land covered by any contract is included.
2. The term officer in charge, wherever used in these regulations,
signifies the forest officer of highest rank assigned to the supervision
of timberwork on the reservation within which the sale area is situated
or such other officer as may be designated by the Commissioner of Indian
Affairs to supervise a sale.
3. Log scalors will be appointed by the Commissioner of Indian and
receive their instructions from the officer in charge.
4. No timber other than that sold may be cut by the purchaser on the
sale area without a separate contract of sale therefor, and timber on
allotments within a general sale area held under trust or restricted
patents can not be logged without a contract with the owners of the
allotment approved by the proper officer.
5. Other sales within a sale area may be made of products and kinds
of timber not sold under a previous sale, provided such sales will not,
in the judgement of the officer having authority to make such sale,
interfere with the operations of the previous purchaser. Rights of way
may be granted through portions of the sale area during the contract
period, provided they do not interfere with the operations of the
previous purchaser.
6. Title to the forest products covered by any contract will not
pass to the purchaser until such products are paid for.
7. Cash deposits in advance of cutting will be required. If at any
time the stumpage value of the timber cut and unpaid for shall exceed
the total amount then on deposit with the Indian Service, an additional
deposit shall be required. At the close of each month a statement of
all timber cut during the month will be rendered to the purchaser as a
demand for payment of the full stumpage value of the timber covered by
such statement. As soon as payment is made of the amount covered by
such statement, the full amount previously deposited will become
available as an advance deposit on timber cut subsequent to the period
covered by such statement. At any time that the stumpage value of the
timber cut shall exceed the amount of advance deposit cutting operations
shall be suspended.
8. The general advance deposits required by a contract which
includes both allotted and unallotted land will be credited so far as
necessary on allotments cut during the period covered. The fact that
special advance payments have been made on allotments which are about to
be cut will not operate to reduce the size of the required general
advance deposit, but rather will postpone the necessity of making demand
for it until the advance payments on the particular allotments being cut
have also been exhausted. The deposit made with the bid for the timber
will be applied as a general advance deposit.
9. The areas to be logged in any season may be designated by the
officer in charge when in his judgement this is necessary to prevent
deterioration from fire, worms, or other cause or to insure the logging
of the sale unit in such manner as to fully protect the interests of the
United States and the Indians. When logging is begun on an allotment or
natural logging unit, it will not be discontinued and started elsewhere
without the written consent of the officer in charge.
10. Selective logging, or the logging of areas in such manner as to
preserve a part of the merchantable timber, promote the growth of young
trees, or preserve the forest cover, will be practiced on all lands
chiefly suitable for the production of timber crops. Live trees of
diameters below those named in the contract may be designated for
cutting, and larger trees may be reserved from cutting in the discretion
of the officer in charge. If live trees which are not designated for
cutting are cut, or are seriously injured through lack of care, they
will be double scaled and so charged and paid for. In the discretion of
the officer in charge, a strip not exceeding three hundred (300) feet in
width on each side of streams, roads, and trails and in the vicinity of
camping places and recreation grounds may be reserved, in which little
or no cutting will be allowed.
11. All dead trees standing or fallen which contain one merchantable
log or more will be logged for their merchantable contents, and wherever
selective logging is required by the contract the purchaser will fell
all other dry trees before the slash is burned.
12. Firewood and improvements will be made as far as possible from
unmerchantable material, and material so used will not be charged to the
purchaser. The use of such material from allotments may be restricted
in the discretion of the officer in charge. Wood and improvements taken
from merchantable material will be scaled or measured, charged, and paid
for at its maximum value.
13. Young growth will be protected as far as possible in every
branch of the logging operations, and its use in the construction of
improvements may be restricted by the officer in charge.
14. Stumps will be cut low so as to avoid waste, and the mean height
of any stump will not exceed one-half its diameter, except where because
of defect or deformity this height is considered impracticable by the
officer in charge, provided that the minimum height required will be
twelve inches.
15. Waste in high stumps, butts, tops, breaks, skids, and partially
sound logs and all trees designated for logging which are not logged and
all trees which are left felled or lodged or badly damaged by the
logging operations will be scaled for their merchantable contents and
charged against the purchaser. All cutting shall be done with a saw
when possible.
16. Carelessness on the part of fellers or other employees of the
purchaser that results in unnecessary breaking of trees will be
penalized by scaling such trees full as if they had not been broken.
17. The log lengths and products taken from each tree will be such
as to completely utilize the merchantable material in the tree and to
yeild the maximum stumpage value. Trees improperly cut into lengths or
products of a lesser value shall be scaled, counted, or measured as if
cut so as to yeild the maximum value.
18. The Scribner Decimal C log rule will be used in scaling logs.
The rule will be read to the nearest inch on the average top diameter
inside bark. Logs exceeding the maximum length allowed by a contract
will be scaled as two or more logs, with proper allowance for the
increase in diameter at the points of division.
19. The overlength allowed on logs for trimming will not exceed one
inch to each four feet of length. Logs which overrun this allowance
will be scaled as if cut two feet longer. Logs longer than the maximum
scaling length named in the contract will be scaled as if bucked into
two or more shorter logs and with the top diameters they would actually
have if so cut.
20. Proper deductions will be made for rot, shake, hollow, and other
defects which make a log partially unmerchantable, including sweep
exceeding one inch in each four feet of log length, but deductions will
not be made for any defect or damage due to the act or neglect of the
purchaser or his employees.
21. A check scaler employed by the purchaser may at hours convenient
to the scaler and with the consent of the officer in charge compare his
scale of logs with that of the scaler. A copy of the regular scale
reports will be furnished to the purchaser through the officer in
charge.
22. For convenience in scaling the logs or other products will be
bunched as the scaler may direct on the land where cut or at the landing
or point of shipment and will not be moved therefrom until he has
scaled, numbered, and stamped them. Logs that are moved contrary to the
scaler's instructions will be double scaled. Where a separate record of
the scale of timber from an allotment or other area is necessary, the
logs cut from such area will be marked by the purchaser with a
distinctive brand as prescribed by the officer in charge.
23. A merchantable log is any log that will manufacture one-third or
more of its total contents into sound lumber eight feet and longer,
except as special provision is made in a particular contract. More
defective logs and logs smaller than the merchantable size set in the
contract will be culled if left in the woods, but any such logs that are
taken for manufacture or sale will be scaled for their actual sound
contents of lumber of any length. Any logs taken by the purchaser which
are smaller than the minimum scaling length or diameter given on the
log-scale rule will be scaled for their merchantable contents.
24. Railroad ties taken by the purchaser under a contract in which
tie prices and specifications are not fixed will be scaled or counted as
follows:
Eight-foot ties made from logs nine to twelve inches top diameter
will be counted as thirty to the thousand feet board measure and six and
one-half foot ties as thirty-eight to the thousand. Ties made from logs
over twelve inches top diameter and long ties will be scaled. Ties made
from logs less than nine inches top diameter will be counted sixty ties
eight feet long and seventy-five ties six and one-half feet long to the
thousand feet.
25. The slash resulting from the logging operations, including all
branches up to four inches in thickness lopped from tops and logs, will
at the time of skidding be piled compactly and away from reserved trees
on the whole area to be selectively logged and on a strip at least ten
rods wide around all other logging areas in units not larger than
quarter sections, unless some other method of slash disposal is provided
in the contract.
26. Burning of the slash by the purchaser will be done at such times
and in such manner as may be required by the officer in charge, who may
at that time assume direct charge of the crew of the purchaser engaged
at the work of burning. Slashing will not be burned during any period
of fire danger. Whenever fire runs through a slashing, except in
compliance with the instructions of the officer in charge the purchaser
may be required to lop or to pile and reburn the slash.
27. Unsatisfactory disposal of the slash will be cause for the
officer in charge to suspend all operations of the purchaser until the
unsatisfactory condition is corrected.
28. Forest fires on the sale area or adjacent lands during the
contract period will be prevented or suppressed by the purchaser, his
employees and subcontractors, whenever possible. When called upon by an
authorized forest officer, they will work under his directions to
suppress fires. If the purchaser or his employees or subcontractors
were not directly or indirectly responsible by act or neglect for the
origin or the spread of the fire, reimbursement will be made, except
that such reimbursement shall not exceed one-half the cost of
suppression within the sale area or within one-half mile of the same.
29. Donkoy logging may be permitted in the discretion of the
Commissioner of Indian Affairs. The ground around the donkey engine
will at each seting be cleared of dry trees for a distance of ten rods
and of all other combustible material for a distance of fifty feet in
all directions during the season from 000501 to 000930 and any other
season of fire danger.
30. All stoam engines not burning oil for fuel during the period
from 000501 to 001015 and all other seasons of fire danger will be
equipped with spark arresters acceptable to the officer in charge, and,
excepting locomotives, will have a steam force pump with not less than
one inch discharge, one hundred feet of servicable one-inch hose, six
twelve-quart pails, six shovels, and a constant supply of not less than
the equivalent of twelve barrels of water. This equipment will be
suitable for fire-fighting purposes and kept in servicable condition and
used when necessary for fighting fires.
31. A watchman employed by the purchaser and kept on duty during the
noon hour at each engine in actual use and not burning oil, and during
the night if fires are kept up, may be required by the officer in charge
during the period from 000501 to 001015 and other period of fire danger.
32. Rigging will not be slung on trees reserved from cutting without
the use of bushing, and only in a manner satisfactory to the officer in
charge.
33. Clearing the right of way of the logging railroad and its spurs
and the careful burning of all combustible material for a distance of
fifty feet on each side of the track is required of the purchaser unless
the officer in charge shall, in writing, prescribe a lesser width. And
the purchaser shall for such periods as may be required by the said
forest officer in charge patrol all railroad tracks after the passage of
each locomotive.
34. The vicinity of logging camps and stables will be kept in a
clean and sanitary condition, and rubbish will be removed and properly
burned or buried during the occupancy and upon the removal of the camps
and stables.
35. Streams will not be obstructed by felled trees or otherwise
except by the improvements hereinbefore provided for, nor will they be
polluted by sawdust, manure, or any other refuse from a camp or mill.
36. Damage to land or other property of the Indians or the
Government resulting from rights of way, dams, and other improvements or
operations of the purchaser will be appraised by the officer in charge,
and if not offset by the value of the permanent improvements made by the
purchaser will be charged against the purchaser.
37. Existing telephone lines, fences, roads, trails, and other
improvements will be protected as far as possible in the logging
operations, and whenever they are broken or obstructed the purchaser
will promptly repair the damage. If he fails to make the repairs
promptly, the officer in charge may make the repairs and purchaser may
be charged with double the expense thereof.
38. Telephone lines constructed by the purchaser within the Indian
reservation will be open to the free use of all Indian Service officers
for official business, and the purchaser may for their construction and
repair cut and use free of charge all necessary poles which are not
otherwise merchantable and subject to regulation by the officer in
charge.
39. Improvements necessary to execute his contracts such as camps,
sawmills, railroads, roads, telephone lines, chutes, bridges, sluices,
and dams may be constructed and maintained by the purchaser on and
across the contracted area and other tribal lands, subject to regulation
by the Commissioner of Indian Affairs.
40. Free transportation of Indian Service employees engaged in
official business will be allowed over all such railroads, and such
employees may, at their own risk, operate hand cars or speeders over the
track in such manner as not to interfere with the use of the railroad by
the purchaser.
41. Improvements already on the area or on other lands of the
reservation and which are necessary for logging purposes may be used by
the purchaser, subject to regulation by the Commissioner of Indian
Affairs.
42. The time limit for the removal of the improvements and other
property of the purchaser is one year after the expiration of the
contract. After that time the title to improvements, including camps,
will attach to the land, and no personal property of the purchaser will
thereafter be removed except with the written consent of the officer in
charge: Provided, That improvements necessary for the logging of other
Indian timber may be left for such time and on such terms as may be
prescribed by the Commissioner of Indian Affairs.
43. 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.
44. If extension of time to cut and remove the timber is not granted
by the officer approving a contract, the purchaser can cut no timber
after the expiration of the contract, but he may remove the timber,
previously cut and paid for, within one year of the expiration of the
contract. If not removed within the time allowed, the title will revert
to the vendor notwithstanding the purchaser may have paid for the
timber.
45. Assignment of any contract in whole or in part by the purchaser
will not relieve him of his contract obligations unless the assignment
is approved by the officer approving the contract nor until the bond is
satisfactorily renewed.
46. Refunds of overpayments will be made to the purchaser by the
approving officer provided all terms of the contract have been
fulfilled, and the approving officer may also, in his discretion, reduce
the amount of timber that is required by the contract to be paid for and
removed in any one year.
47. Indian labor will be employed by the purchaser at the same wages
as other labor and in preference to other labor not already in his
employ whenever the Indian labor seeks employment and is competent.
48. All regulations relative to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors will be
complied with by the purchaser.
49. In compliance with law and Executive order, no Member of
Congress or any Delegate thereto shall have any interest, direct or
indirect, in the contract of which these regulations are a part (sec.
3741, R. S., and secs. 114-116, act of 090304, 33 Stat. L., 1109), and
no person undergoing a sentence of imprisonment at hard labor shall be
employed in carrying out any contract (Executive order, 050518). The
cutting or removal of timber from Indian Lands in breach of the terms of
any contract and without other lawful authority, or the leaving of fires
unextinguished, will render the offenders liable to the penalties
prescribed by section 6 of the act of 100625 (36 Stat. L., 857).
Section corners, quarter section corners, or meander posts on any
Government line of survey shall not be destroyed, defaced, changed, or
removed to any other place, nor shall any witness trees or any tree
blazed to mark the line of a Government survey be cut down in the
carrying out the provisions of this agreement. (Sec scc. 57, act of
090304, 35 Stat. L., 1099.)
50. The expenses of examining, advertising, marking, scaling, and
protecting the timber and of general supervision of the sale will be
paid out of a timber expense fund, for which purpose not over ten per
cent of the gross proceeds of the sale will be set aside.
51. All the records of the purchaser and his subcontractors
pertaining to the logging operation and the manufacture and sale of the
products thereof will be open to inspection at any reasonable time by
the officer in charge or other officer designated by the Commissioner of
Indian Affairs, and the information so obtained will be regarded as
confidential. The
9. Letter to Horton Capoeman from Western Washington Agency
Superintendent, dated 560106, furnishing information pertaining to sale
of timber from Mr. Capoeman's allotment, which was included as part of
the N. P. Trail Unit.
10. Letter to the law firm of Wilkinson, Cragun & Barker, from
Agency Superintendent, dated 691215, furnishing information regarding
the sale of Mr. Capoeman's timber in the N. P. Trail Unit. The symbols
used in the "Items" column refer to transaction documents: TS is
Transfer Schedule; SR is Scale Report. These individual documents are
on file in the Agency Office at Everett, Washington.
(Sgd) William J. Benham Acting Associate Commissioner
Encloses (3 sets)
cc: LM 300 Area Director, Portland Superintendent, Western
Washington Agency Surname Forestry Chrony Mailroom Holdup
ILLEGIBLE LINE chaser will furnish the office in charge, at such
times as he may request, the amount of lumber sold and the average grade
prices received f. o. b. the mill during certain periods; also the
amount of box lumber sold, with average price per M; the amount of ties
and timber sold, with average price per M; and the amount of
by-products sold and the total receipts for same.
52. Suspension of the purchaser's operations may be made by the
officer in charge if any requirements of the contract and of these
regulations are disregarded and until there is satisfactory compliance.
Persistent failure to comply with any one of the requirements of the
contract or regulations after written notice addressed to the purchaser
by the superintendent or the officer in charge will be ground for
revocation by the officer approving the contract of all rights of the
purchaser under this and other contracts and the forfeiture of his bond
and of all moneys paid, and the purchaser will be liable for all damage
resulting from his breach of contract.
53. Complaints by the purchaser arising from any action taken by the
forest officer in charge under the terms of any contract will not be
considered unless made in writing to the Commissioner of Indian Affairs
within thirty (30) days of the alleged unsatisfactory action.
54. The decision of the officer approving any contract will be final
in the interpretation of the contract and of the regulations, and the
terms of the contract or regulations can not be varied in any detail
without the written approval of the officer approving the sale.
55. Whenever any bond furnished to guarantee obligations under a
sale shall be unsatisfactory to the officer approving the sale he may
require a new bond which shall be satisfactory to him.
56. Failure of the purchaser to complete his contract or to log
promptly an area damaged by fire, wind, insects, or other causes, or the
commission by him of any act for which the officer approving his
contract shall declare the contract forfeited, will render the purchaser
and his bondsmen liable for the depreciation in the value of the
remaining timber on an estimate of value and quantity to be made under
the direction of the officer approving the contract.
The above General Timber Sale Regulations are hereby prescribed for
use in all contracts for the sale of timber from Indian lands except as
special provision shall be made by the Commissioner of Indian Affairs or
the Secretary of the Interior in particular sales.
CATO SELLS, Commissioner.
Approved 200410,
S. G. Hopkins, Assistant Secretary.
HEL-009-0794-0818
HEL-009-0790-0818
ASSC SOLICITOR BIA
560106
CORRESPONDENCE
RINGEY, C W W WASH AGENCY LIBBY, J W W WASH AGENCY
COPY
Forestry 339.5 - N. P. Trail I. O. 3866-43 5041-43
Field Service Western Washington Agency Hoquiam Sub Station Hoquiam,
Washington
560106
Mr. Horton Capoeman Taholah, Washington
Dear Mr. Capoeman:
This is in answer to your request for information regarding a timber
sale on your allotment made in 430000.
On 430410, bids were opened for the sale of the merchantable timber
within the Quinault Indian Reservation on an area designated as the N.P.
Trail Unit, situated in portions of Sections 19, 20, 29 and 30, Township
22 North, Range 11 West, Williamette Meridian. This timber was
advertised for sale by the Commissioner of Indian Affairs, John Collier,
and the Aloha Lumber Company of Aloha, Washington, was the successful
bidder.
A General Timber Sale Contract was entered into on 430510, and
approved by the Acting Commissioner of Indian Affairs, Paul L.
Fickinger, on 430617. As provided for in the general contract, separate
allotment contracts were entered into for those Indians holding
trust-patented allotments in the N.P. Trail Unit. On 430529 an
individual contract was entered into between the Acting Superintendent,
Vincent J. Keeler, as authorized by your Power of Attorney, and the
Aloha Lumber Company. This contract was approved on 430617 by the
Acting Commissioner of Indian Affairs, Paul L. Fickinger. Copies of the
General Timber Sale Contract No. I-101-Ind-1473 and the Individual
Allotment Contract No. I-101-Ind-1483 are enclosed herewith.
An advanced payment in the amount of 10% of the total estimated value
of the allotments in the Unit was paid into this office on 430412 on
Official Receipt No. 214,974 in the amount of $9,664.41, and held in
Special Deposits pending approval of the individual contracts. The
advance payment due on each individual contract was transferred to the
account of the allottee after approval of the individual contract, and
in your case, the first advance payment was made on 430715.
COPY
560106
Mr. Horton Capoeman
The copy of the General Timber Sale Contract No. I-101-Ind-1473
enclosed herewith shows that your allotment was included in the N.P.
Trail Unit.
Cutting began in 430000 on your allotment and each transfer made was
credited to your account at this agency. The last scale report is dated
460815. The total volume removed from your allotment was 3,257,520 ft.,
for a total value of $15,080.80. Of this amount $13,841.93 was credited
to your individual account and the remainder or $1,238.87 was
transferred to the Treasury of the United States for administrative
expenses.
Please feel free to call on us again if you need any further
information.
Very truly yours, C.W. Ringey, Superintendent,
By John W. Libby, Forest Manager.
jw
encls.
HEL-009-0820-0821
HEL-009-0820-0821
CAPOEMAN, H
691215
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
RECEIVED
691216
Forestry 339.5
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
691215
Wilkinson, Cragun & Barker 1616 H. Street, N.W. Washington, D.C.
20006
Attention: Mr. Charles H. Hobbs
Gentlemen:
This is in reply to your letter of 691121, in regard to Quinault
Timber - 10% Charges, Horton Capoeman Quinault Allotment No. 10. We are
pleased to furnish you with the following information in regard to the
sale of Mr. Capoeman's timber which was included as part of the N.P.
Trail Sale Unit.
1. When was Horton Capoeman's timber cut?
The N.P. Trail General Timber Contract No. I-101-Ind-1483 was
approved to Aloha Lumber Corporation 430617; expiration date was
460331, with an extension granted to 470331. Mr. Capoeman's timber, as
a part of this unit, was logged during this period; the final report on
his allotment is dated 460810.
2. How much did the logging company pay for it? And when was it
paid?
Total value paid for the timber on the Capoeman allotment was
$15,080.80. By the terms of the contract, an advance payment of 10% of
the estimated value of the timber was required. On Mr. Capeoman's
allotment this amounted to $1,272.38. The value of the first timber
scaled was charged against this advance payment to liquidate it. In the
case of Mr. Capoeman, this was accomplished with the first scale report.
Scale Report values, amounts deducted as fees, and amounts credited to
Mr. Capoeman's Individual Indian Account are as follows:
"Table not Keyed, See Original"
3. Was that money paid to the Agency to be credited to Mr.
Capoeman's trust account?
Yes, in the amount set forth on the previous page, column IIM
(ILLEGIBLE).
4. How much of what was paid the Government deduct?
CFR, Department of the Interior, Title 23 - Indians, Part 61, Section
61.25 states in part: "In all sales of timber from either allotted or
unallotted lend a sufficient deduction will be made from the gross
proceeds to cover the cost of examining, supervising, advertising,
collecting, disbursing, accounting, marketing, scaling, caring for the
slash, and protecting from firo the timber and young growth left
standing on the land being logged or upon adjacent land. Unless special
instructions have been given by the Commissioner of Indian Affairs as to
the amount of the deduction or the manner in which it is to be made, 8
percent of the gross amount received for the timber sold under regular
supervision from allotted or unallotted land will be deducted by the
Superintendent to cover administrative expenses as required by the Act
of 200214 (14 Stat. 415; 25 U.S.C. 413)."
On 440901, Part 61, Section 61.25 was amended to read in part as
follows: "# # # # # Unless special instructions have been given by the
Commissioner of Indian Affairs as to the amount of the deduction or the
manner in which it is to be made, 10 percent of the gross amount
received for the timber sold under regular supervision from allotted or
from unallotted land will be deducted by the Superintendent to cover
administrative expenses as required by the Act of 200214 (41 Stat. 415;
25 U.S.C. 413), as amended." (F.R. Doc. 44-13507).
From the beginning of the contract through 440430, 8% of the total
Scale Report value was collected as fees. The amount of fees was
$1,076.80. From scale reported 460310, through 460815, when operations
were completed on the allotment, 10% fees in the amount of $162.07 were
collected, making a total of fees $1,238.87. Fees were collected at the
same time funds were credited to Mr. Capoeman's account as shown in the
previous column "Fees".
5. Has the Secretary of the Interior ever found him to be competent
and capable of managing his own affairs, pursuant to 25 USC 349?
We have had no reason to question Mr. Capoeman's competency. Since
he has not been found otherwise, he is considered as competent.
A copy of this letter is being sent to Mr. Horton Capoeman as you
requested in your letter.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
cc: Mr. Horton Capoeman MPIsom subject chrony green chrony Hoquiam
Forestry Mr. Lozar, Asst Sutp
HEL-009-0822-0825
HEL-009-0822-0825
WILKINSON, CRAGUN &
700206
CORRESPONDENCE
BIA PORTLAND AREA OF
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.
Air Mail
For Information
TO Commissioner, Indian Affairs
FROM Bureau of Indian Affairs, Portland Area Office P.O. Box 3785,
Portland, Oregon 97208
Document No. 117-1440
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION: Title & Records
DATE 700206
SUBJECT Attached is a copy of trust patent issued to Horton Capoeman,
Quinault Allottee No. 10, requested by Mr. Clarence Saub this date.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
700205
Pursuant to Title 28, Section 1733, United States Code, I hereby
certify that each annexed paper is a true copy of a document comprising
part of the official records of the Bureau of Indian Affairs, Department
of the Interior, in my custody:
Trust patent issued to Horton Capoeman, Quinault Allottee No. 10,
dated 071001, and filed in this office under document number 117-1440.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and caused
the seal of the Bureau of Indian Affairs to be affixed on the day and
year first above written.
(ILLEGIBLE) Certifying Officer
HEL-009-0826-0828
HEL-009-0826-0828
COMM OF IND AFFAIRS CLARK, D
700116
CORRESPONDENCE
GOSS, E D DOI WASH DC
700116
IN REPLY REFER TO: 24335
UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF THE SOLICITOR WASHINGTON, D.C. 20240
Memorandum
To: Commissioner of Indian Affairs Attn: Assistant Commissioner for
Administration
From: Associate Solicitor, Indian Affairs
Subject: Litigation report giving background to Capoeman v. United
States, Docket No. 524-69, filed in the United States Court of Claims on
691224
We are attaching a copy of a petition filed with the United States
Court of Claims on 691224, by Attorney Charles A. Hobbs on behalf of
Horton Capoeman, Docket No. 524-69. The Department of Justice has
requested a litigation report giving the background to the case. The
Assistant Attorney General informs us that the government must file its
answer in the case by 000222, so we are asking that we receive the
report from the Bureau no later than 000130. If this cannot be done,
please advise us so that we may inform the Department of Justice.
It is requested that the report include information as to the facts
alleged in plaintiff's petition are true, based upon records available
to you. In addition, please include documents showing the sale of
timber to Aloha between 430000 and 460000, together with documents
showing the deduction made by the government for administrative
expenses.
Earle D. Goss
Attachment.
R-446-70
700123
HEL-009-0829-0829
HEL-009-0829-0858
COMM OF IND AFFAIRS ASST COMM FOR ADMIN
700107
CORRESPONDENCE
KASHIWA, S DOJ LDNR WARNER, D R DOJ GEN LITIGATION
700107
DRW-HP 90-1-23-1529
Mitchell Melich, Esquire Solicitor Department of the Interior
Washington, D. C. 20240
Dear Mr. Melich:
There are enclosed two copies of the petition filed 691224, in the
case entitled Horton Capoeman v. United States, No. 524-69, in the
United States Court of Claims. (Your reference: Bureau of Indian
Affairs.)
This action was brought to recover $1,238.87, representing an amount
allegedly deducted from the proceeds of timber sold from lands allotted
to individual Quinault Indians.
It will be appreciated if you will furnish a complete report relating
to the background giving rise to this litigation and furnish two copies
of all pertinent documents.
The time for answer will expire 700222, and the requested information
should be furnished as promptly as possible to permit the preparation of
an appropriate responsive pleading.
Sincerely,
Shiro Kashiwa Assistant Attorney General Land and Natural Resources
Division
By:
/S/ David R. Warner Chief, General Litigation Section
Enclosures
691224
In The UNITED STATES COURT OF CLAIMS
HORTON CAPOEMAN,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
Docket No. 524-69
PETITION
1. This is a suit to recover compensation for charges wrongfully
imposed by the defendant on the trust allotment of a noncompetent
Indian. This Court has jurisdiction pursuant to 28 U.S.C. section 1491.
2. The plaintiff is a full-blood Quinault Indian born on the
Quinault Indian Reservation in the State of Washington. He has always
resided on the Quinault Reservation, and has always been a duly enrolled
member of the Quinault Indian Tribe. He is "noncompetent," meaning that
the Secretary of the Interior has never found him to be competent and
capable of managing his affairs, General Allotment Act of 870000, Sec.
6, 24 Stat. 390, as amended 34 Stat. 182; 25 U.S.C. section 349.
3. On 550701, and 560125, a treaty was made between the United
States and the Quinault Tribe and other tribes of Indians, whereby the
members of said Indian tribes ceded to the United States their lands
then occupied by them. Said treaty was ratified on 590308, and
proclaimed on 590415, 12 Stat. 971. By the terms of the treaty there
was reserved to the Indians a tract or tracts of land sufficient for
their wants, to be selected by the President, and to be surveyed and set
apart for their exclusive use. By Executive Order of 731104, I Kapp,
923, the reservation promised under the treaty was set aside for the
Quinaults and others.
4. The General Allotment Act of 870000, 24 Stat. 388, Secs. 1, 5;
25 U.S.C. 331, 348, provides that the President may issue an allotment
of land to an Indian, and that in such a case the Secretary of the
Interior shall issue a trust patent to the allottee, and that the United
States shall hold the land thus allotted for a period of twenty-five
years in trust for the sole use and benefit of the allottee or his
heirs, and that at the expiration of said period, the United States will
convey the allotment to the allottee or his heirs, "in fee, discharged
of said trust and free of all charge or incumbrance whatsoever."
5. In 070000, pursuant to said Act of 870000, there was allotted to
plaintiff a parcel of land within the Quinault Indian Reservation
containing 93.25 acres more or less, described as Lot 4, Section 25, and
SW4/SW4, Section 24, Township 22 North, Range 12 West. A trust patent
therefor was duly issued to plaintiff on the first day of 071000,
stating that at the expiration of the trust, the United States would
convey the patent to plaintiff:
"+++ in fee, discharged of said trust and free of all charge or
incumbrance whatsoever +++."
The defendant has continued to hold the land in trust for plaintiff,
pursuant to the aforesaid trust patent, as extended, to this day without
interruption.
6. The timber standing on plaintiff's allotment was sold to the
Aloha Lumber Company, and was logged between 430630, and 460810. The
total proceeds paid by Aloha to defendant for plaintiff's timber was
$15,080.80.
7. Defendant deducted $1,238.87 for administrative expenses from the
proceeds paid by Aloha, and credited the balance, $13,841.93, to
plaintiff's trust account.
8. By taking $1,238.87 from the proceeds of the sale of part of
plaintiff's allotment, defendant has assessed a "charge" on plaintiff's
allotment, despite plaintiff's vested right, set forth in his trust
patent, to be free of such a charge. Such a charge constitutes a taking
without just compensation contrary to the Fifth Amendment of the
Constitution of the United States, and calls for just compensation.
Alternatively, such a charge constitutes a breach of fiduciary duty
calling for an accounting, and restitution of the full amount deducted,
with interest. Alternatively, such a charge constitutes a breach of
contract calling for damages.
WHEREFORE, plaintiff is entitled to recover $1,238.87, plus interest
from 460810, and any other relief as this Court may deem proper.
Respectfully submitted,
Charles A. Hobbs, Attorney for Plaintiff 1616 H Street, N.W.
Washington, D.C. 20006
WILKINSON, CRAGUN & BARKER Jerry C. Straus Charles H. Gibbs, Jr. of
Counsel
691200
DIRECTORS AUTHORIZATION
At a meeting of the Directors of the Aloha Lumber Company held at
Aloha, Washington, 430422, the following resolution was adopted and
ordered spread on the minutes of the meeting:
RESOLVED: that Paul R. Smith, President, and David A. Kurtz,
Secretary, be authorized to sign for the Aloha Lumber Company, all
papers in connection with the purchase of the timber of the N. P. Trail
Unit, bid on at the Office of the Superintendent, Taholah Indian Agency,
Hoquiam, Washington, on 430410.
Signed Paul R. Smith President
(ILLEGIBLE) Secretary
SIGNED AND SEALED IN sextuplet this 430510.
WITNESSES:
(ILLEGIBLE) Pacific Beach, Wash.
(ILLEGIBLE) Aloha, Washington
(ILLEGIBLE) (ILLEGIBLE)
APPROVED: 430617
(ILLEGIBLE) Acting Commissioner of Indian Affairs
ALOHA LUMBER COMPANY (Purchaser)
By Paul R. Smith (President)
By (ILLEGIBLE) (Secretary)
By (ILLEGIBLE) (Actin. Superintendent)
Approved subject to date of execution of contract, i.e., 430422,
being corrected to date subsequent to receipt of Office letter of
430503, accepting bid.
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF INDIAN AFFAIRS
FOREST SERVICE
PROPOSAL
For the purchase of timber on the Quinaiolt Indian Reservation. Bids
to be opened at the office of Superintendent, Taholah Indian Agency at
3:00 o'clock P.M. on the 430410 430410
To: Supt., Taholah Indian Agency
Sir:
In response to the notice of sale of timber to be cut from a part of
the Quinaiolt Indian Reservation in Washington published in Grays Harbor
Washington at Hoquiam State of Washington, a copy of which notice is
attached hereto, We hereby bid for the timber advertised as follows:
Sitka Spruce $5.00 Douglas Fir 6.00 Western Rod Cedar 4.00 Hemlock 1.75
Amabilic Fir 1.75
We remit herewith a certified check in the amount of Fifteen Thousand
($15,000) dollars and No cents ($15,000.00) on the Peoples National Bank
of Washington, drawn in favor of Superintendent, Taholah Indian Agency
as required by the notice of sale, and agree that our bid is accepted
and we shall fail to fulfill our agreement in accordance with the
regulations governing the sale, then the amount of this check shall be
retained as liquidated damages for the use and benefit of the Quinaiolt
Indians. It is understood that if our bid is rejected the check will be
returned.
Respectfully,
Aloha Lumber Company,
/s/ By Paul R. Smith, President
/s/ D.W. Kurtz, Secretary
INSTRUCTION
Enclose this proposal in a sealed envelope addressed as required by
the notice of sale, and plainly
EXTENSION OF CONTRACT N. P. TRAIL UNIT
QUINAULT INDIAN RESERVATION CONTRACT NO. I-101-ind-1473
Whereas the Aloha Lumber Company, of Aloha, Washington, is the
purchaser on a contract to cut and remove, and to pay for timber on the
N. P. Trail Unit on the Quinault Indian Reservation, Washington, which
contract was approved by the Acting Commissioner of Indian Affairs on
430617, and,
Whereas said contract will expire on 460331, and,
Whereas there remains as estimated nine million feet of timber on the
unit which is to be cut and removed, and paid for, and,
Whereas, the Aloha Lumber Company by it's latter dated 451008 to the
Toholah Indian Agency, stated that it will be unable to complete the
contract on the unit by 460331, by reason of the shortage of labor in
the past two years and of the lack of relief in the labor situation
since the end of the War, and,
Whereas, Section 43 of the General Timber Sale Regulations which are
attached to and made a part of the contract roads, "Extension of tire
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."
Now therefore the Aloha Lumber Company requests an extension of the
contract for a period of one year from 460331 to 470331. In
consideration of the foregoing, the contract is extended to 470331, and
the said purchaser hereby acknowledge it's obligations under the
contract as extended.
Signed and sealed in sextuplet this 451231
ALOHA LUMBER COMPANY
By: Paul R. Smith Title: Pres.
The Massachusetts Bonding and Insurance Company, Boston,
Massachusetts, the surety on the bond of the Aloha Lumber Company
covering the N. P. Trail Unit timber contract approved by the Acting
Commissioner of Indian Affairs 430617, hereby consents this 460114, to
the extension of time requested as sot forth above and agrees to
continue as surety on the bond during the extended period to 470331, the
same as though no extension of the contract had been made.
MASSACHUSETTS BONDING & INSURANCE COMPANY
By: A. C. Stuberg Title: (Attorney-in-fact) 847 Dexter Horton
Building Seattle 4, Washington
RECOMMENDED FOR APPROVAL:
460208
(ILLEGIBLE) Superintendent
APPROVED: 460318
(ILLEGIBLE) Act. Commissioner of Indian Affairs
(ILLEGIBLE)
RECEIVED
460212
DIRECTOR'S AUTHORIZATION
This is to certify that at a special meeting of the Directors of the
Aloha Lumber Company hold at its office in the City of Aloha, Washington
on the 451231 there being present PAUL R. SMITH, President and Treasurer
and D. A. KURTZ, Secretary - directors of the said corporation,
constituting a legal quorum for the transaction of business of the said
corporation, the following resolution was unanimously passed, viz:
RESOLVED, That Paul R. Smith be and hereby is appointed and
constituted the lawful agent of the Aloha Lumber Company with full power
to act for said corporation in all matters pertaining to the extension
of time for completion of logging on the N. P. Trail Unit in the
Quinault Indian Reservation.
In witness whereof, we have hereunto subscribed our names and affixed
the official scal of the said corporation at Aloha, Washington this
451231.
(signed) Paul R. Smith
President
ATTEST:
Secretary
RECEIVED
430616
Contract No. I-101-ind-1463
Allotment No. 10
DEPARTMENT OF THE INTERIOR INDIAN SERVICE
TIMBER CONTRACT
THIS AGREEMENT, made and entered into at the Taholah Indian Agency
Hoquiam, State of Washington, this 650529, under authority of the act of
Congress of 100625 (36 Stat. L., 855,857) between the Superintendent,
Taholah Indian Agency, acting for and in behalf of Horton Capoeman, as
authorized by the attached Power of Attorney an Indian under the
jurisdiction of the Superintendent of the Taholah Indian Agency party of
the first part, and Aloha Lumber Co., Aloha, Washington party, of the
second part,
WITNESSETH, That the part Y of the first part agree S to sell to the
party of the second part, upon the terms and conditions hereinafter
stated, all the merchantable standing green timber designated for
cutting under a selective cutting plan and all the merchantable standing
and down dead timber estimated to be Sitka spruce 2060 11 ft D. Fir 335
11 ft Hemlock 210 11 ft Amabilis fir 15 11 ft Cedar 20 11 ft ,more or
less, on the following-described lands, to wit: Lot 4, Sec. 25, T. 22
N, Range 12 W, W.M. SW/4 SW/4, Sec. 24 within the limits of the T. 22 N,
R. 12 W, W. M. (93.25 acres) Quinault Indian Reservation, situated in
the County of Grays Harbor, State of Washington, the same being lands
which have been allotted to Horton Capoeman under the provisions of the
act of 870208
FOR AND IN CONSIDERATION of the foregoing the part Y of the second
part agree S to pay to the Superintendent of the Taholah Indian Agency,
Hoquiam, State of Washington the sum of Twelve Thousand seven hundred
twenty-three and 75/100 dollars ($12,723.73), more or less, as shall be
determined by the actual scale, measurement, or count, for the said
timber at the rate of Five and No/100 dollars ($5.00) per If for Spruce;
Six and No/100 dollars ($6.00) per If for D. fir; Four and No/100
dollars ($4.00) per If for cedar; One and 75/100 dollars ($1.75) per 11
for Hemlock and Amabill fir, Scribnor Decimal C Log Scale, for the first
period of the contract, and such rates for subsequent periods as may be
established under the terms of the general contract covering the N. P.
Trail Unit in trust for said part Y of the first part.
The part Y of the second part further agrees to pay ten per cent
(10%) of the estimated value of the timber sold within thirty days from
the date of the approval of this contract by the Superintendent.
Taholah Indian Agency and approval by the Commissioner of Indian
Affairs. and to make advance deposits as shall be necessary to cover
all timber prior to cutting as required by the attached Indian Service
General Timber Sale Regulations which are made a part of this contract.
The part Y of the second part further undertake S and agree S that
they will cut and remove the said timber in strict accordance with the
following specifications and the attached Indian Service General Timber
Sale Regulations which are prescribed by the Department of the Interior
as to the sale of timber from Indian Lands:
1. THE APPROXIMATE MINIMUM DIAMETER LIMIT at a point 4 1/2 feet from
the ground to which living trees are to be cut is 14" D.B.H. trees to be
cut designated on a selective cutting plan. Tractor logging is
required.
2. THE MAXIMUM SCALING LENGTH of all logs will be Thirty-two (32)
feet. Timber will be considered MERCHANTABLE as provided in the
attached regulation except that hemlock and Amabilis fir must be one
half or more sound. Pieces twelve feet and longer will be removed and
paid for as merchantable timber and the trees will be utilized to a
diameter of twelve inches in the tops where straight and sound.
3. Unless extension of time is granted by the officer approving this
contract, all timber will be cut and removed on or before 450331
4. The cost of examination, advertisement, marking, and scalling of
timber, and the expenses of general supervision and protection of the
sale area and adjacent areas from fires by United States officers shall
be paid from the proceeds of the sale of timber.
It is further understood and agreed that this contract shall be void
and of no effect until approved by the Superintendent of the Taholah
Indian Agency and by the Commissioner of Indian Affairs.
Signed and sealed in sextuplet this 430529
Paul K. Smith
Attest: (ILLEGIBLE)
WITNESSES: R.R. Byers 12271 Carlissado, Seattle (ILLEGIBLE)
(ILLEGIBLE)
(ILLEGIBLE) (ILLEGIBLE) (ILLEGIBLE) Hoquiam Wash
ALOHA LUMBER COMPANY,
By: Paul R. Smith
Title: Pres
(ILLEGIBLE)
(ILLEGIBLE) authorized by the attached Power of Attorney. Hoquiam,
Wash
The above contract is approved this the 430531 under the conditions
stated therein.
Approved: 430617
(ILLEGIBLE) Commissioner of Indian Affairs
(ILLEGIBLE) (ILLEGIBLE) Acting Superintendent
NOTE.- If the proposal is made by individuals acting neither as a
firm nor as a corporation, each must sign. If the proposal is made by
copartnership the signature must consist of the name of the firm
followed by the signature of each of the members of the firm. If the
proposal is made by a corporation, the signature should consist of the
name of the corporation followed by the name of the proper officer or
officers, as required by the by-laws of the corporation. In all cases
where an officer signs for a corporation, either as principal or as a
surety, there must be attached to the contract either an original
resolution of the board of directors granting the signing officer, or
officers, authority to sign the contract for and in behalf of the
corporation; or a copy of the 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 correct transcript
of the original resolution.
Unless special authority has been given for the execution of a fewer
number, all contract for allotment timber will be executed in
quadruplicate.
If the contract is made on behalf of a minor by the father, mother
Indian Agent, or other officer in charge, the party of the first part
should be described as "A.11. (father, mother, Indian Agent or other
officer in charge, as the case may be) for and on behalf of C.D., a
minor," and the same should be used in the signature.
DIRECTORS AUTHORIZATION
At a meeting of the Directors of the Aloha Lumber Company held at
Aloha, Washington, 430422 the following resolution was adopted and
ordered spread on the minutes of the meeting:
RESOLVED: That Paul R. Smith, President, and David A. Kurtz,
Secretary, be authorized to sign for the Aloha Lumber Company, all
papers in connection with the purchase of the timber on the N. P. Trail
Unit bid on at the Office of the Superintendent, Taholah Indian Agengy,
Hoquiam, Washington on 430410.
Signed Paul R. Smith President
D A Kurtz Secretary
DEPARTMENT OF THE INTERIOR
INDIAN SERVICE FORESTRY BRANCH
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 Taholah Indian
Agency Indian School to enter into contract for the sale of the timber
upon the following-described lands: Lot 4, Sec. 28, T. 22 W, Range 12
W, W.N. SW/4 SW/4, Sec. 24, T. 22 N, R. 12 W, W. N. 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 Sitka spruce
$5.00, Hemlock $1.25, Douglas (ILLEGIBLE) (ILLEGIBLE) cutting plan. 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, Washington
Witnesses:
(ILLEGIBLE) Horton Capoeman Patrick A. Dalton
UNITED STATES INDIAN SERVICE--FORESTRY BRANCH.
GENERAL TIMBER SALE REGULATIONS.
1. The word superintendent as used in these regulations signifies
the Superintendent of the Indian Agency or School within the
jurisdiction of which the land covered by any contract is included.
2. The term officer in charge, wherever used in these regulations,
signifies the forest officer of highest rank assigned to the supervision
of timberwork on the reservation within which the sale area is situated
or such other officer as may be designated by the Commissioner of Indian
Affairs to supervise a sale.
3. Log scalers will be appointed by the Commissioner of Indian
Affairs and receive their instructions from the officer in charge.
4. No timber other than that sold may be cut by the purchaser on the
sale area without a separate contract of sale therefor, and timber on
allotments within a general sale area held under trust or restricted
patents can not be logged without a contract with the owners of the
allotment approved by the proper officer.
5. Other sales within a sale area may be made of products and kinds
of timber not sold under a previous sale, provided such sales will not,
in the judgment of the officer having authority to make such sale,
interfere with the operations of the previous purchaser. Rights of way
may be granted through portions of the sale area during the contract
period, provided they do not interfere with the operations of the
previous purchaser.
6. Title to the forest products covered by any contract will not
pass to the purchaser until such products are paid for.
7. Cash deposits in advance of cutting will be required. If at any
time the stumpage value of the timber cut and unpaid for shall exceed
the total amount then on deposit with the Indian Service, an additional
deposit shall be required. At the close of each month a statement of
all timber cut during the month will be rendered to the purchaser as a
demand for payment of the full stumpage value of the timber covered by
such statement. As soon as payment is made of the amount covered by
such statement, the full amount previously deposited will become
available as an advance deposit on timber cut subsequent to the period
covered by such statement. At any time that the stumpage value of the
timber cut shall exceed the amount of advance deposit cutting operations
shall be suspended.
8. The general advance deposits required by a contract which
includes both allotted and unallotted land will be credited so far as
necessary on allotments cut during the period covered. The fact that
special advance payments have been made on allotments which are about to
be cut will not operate to reduce the size of the required general
advance deposit, but rather will postpone the necessity of making demand
for it until the advance payments on the particular allotments being cut
have also been exhausted. The deposit made with the bid for the timber
will be applied as a general advance deposit.
9. The areas to be logged in any season may be designated by the
officer in charge when in his judgment this is necessary to prevent
deterioration from fire, worms, or other cause or to insure the logging
of the sale unit in such manner as to fully protect the interests of the
United States and the Indians. When logging is begun on an allotment or
natural logging unit, it will not be discontinued and started elsewhere
without the written consent of the officer in charge.
10. Selective logging, or the logging of areas in such manner as to
preserve a part of the merchantable timber, promote the growth of young
trees, or preserve the forest cover, will be practiced on all lands
chiefly suitable for the production of timber crops. Live trees of
diameters below those named in the contract may be designated for
cutting, and larger trees may be reserved from cutting in the discretion
of the officer in charge. If live trees which are not designated for
cutting are cut, or are seriously injured through lack of care, they
will be double scaled and so charged and paid for. In the discretion of
the officer in charge, a strip not exceeding three hundred (300) feet in
width on each side of streams, roads, and trails and in the vicinity of
camping places and recreation grounds may be reserved, in which little
or not cutting will be allowed.
11. All dead trees standing or fallen which contain one merchantable
log or more will be logged for their merchantable contents, and wherever
selective logging is required by the contract the purchaser will fell
all other dry trees before the slash is burned.
12. Firewood and improvements will be made as far as possible from
unmerchantable material, and material so used will not be charged to the
purchaser. The use of such material from allotments may be restricted
in the discretion of the officer in charge. Wood and improvements taken
from merchantable material will be scaled or measured, charged, and paid
for at its maximum value.
13. Young growth will be protected as far as possible in every
branch of the logging operations, and its use in the construction of
improvements may be restricted by the officer in charge.
14. Stumps will be cut low as to avoid waste, and the mean height of
any stump will not exceed one-half its diameter, except where because of
defect or deformity this height is considered impracticable by the
officer in charge, provided that the minimum height required will be
twelve inches.
15. Waste in high stumps, butts, tops, breaks, skids, and partially
sound logs and all trees designated for logging which are not logged and
all trees which are left felled or lodged or badly damaged by the
logging operations will be sealed for their merchantable contents and
charged against the purchaser. All cutting shall be done with a saw
when possible.
16. Carelessness on the part of fellers or other employees of the
purchaser that results in unnecessary breaking of trees will be
penalized by scaling such trees full as if they had not been broken.
17. The log lengths and products taken from each tree will be such
as to completely utilize the merchantable material in the tree and to
yield the maximum stumpage value. Trees improperly cut into lengths or
products of a lesser value shall be scaled, counted, or measured as if
cut so as to yield the maximum value.
18. The Scribner Decimal C log rule will be used in scaling logs.
The rule will be read to the nearest inch on the average top diameter
inside bark. Logs exceeding the maximum length allowed by a contract
will be scaled as two or more logs, with proper allowance for the
increase in diameter at the points of division.
19. The overlength allowed on legs for trimming will not exceed one
inch to each four feet of length. Logs which overrun this allowance
will be scaled as if cut two feet longer. Logs longer than the maximum
scaling length named in the contract will be scaled as if bucked into
two or more shorter logs and with the top diameters they would actually
have if so cut.
20. Proper deductions will be made for rot, shake, hollow, and other
defects which make a log partially unmerchantable, including sweep
exceeding one inch in each four feet of log lenght, but deductions will
not be made for any defect or damage due to the act or neglect of the
purchaser or his employees.
21. A check scaler employed by the purchaser may at hours convenient
to the scaler and with the consent of the officer in charge compare his
scale of logs with that of the scaler. A copy of the regular scale
reports will be furnished to the purchaser through the officer in
charge.
22. For convenience in scaling the logs or other products will be
bunched as the scaler may direct on the land where cut or at the landing
or point of shipment and will not be moved therefrom until he has
scaled, numbered, and stamped them. Logs that are moved contrary to the
scaler's instructions will be double scaled. Where a separate record of
the scale of timber from an allotment or other area is necessary, the
logs cut from such area will be marked by the purchaser with a
distinctive brand as prescribed by the officer in charge.
23. A merchantable log is any log that will manufacture one-third or
more of its total contents into sound lumber eight feet and longer,
except as special provision is made in a particular contract. More
defective logs and logs smaller than the merchantable size set in the
contract will be culled if left in the woods, but any such logs that are
taken for manufacture or sale will be scaled for their actual sound
contents of lumber of any length. Any logs taken by the purchaser which
are smaller than the minimum scaling length or diameter given on the
log-scale rule will be scaled for their merchantable contents.
24. Railroad ties taken by the purchaser under a contract in which
tie prices and specifications are not fixed will be scaled or counted as
follows:
Eight-foot ties made from logs nine to twelve inches top diameter
will be counted as thirty to the thousand feet board measure and six and
one-half foot ties as thirty-eight to the thousand. Ties made from logs
over twelve inches top diameter and long ties will be scaled. Ties made
from logs less than nine inches top diameter will be counted sixty ties
eight feet long and seventy-five ties six and one-half feet long to the
thousand feet.
25. The slash resulting from the logging operations, including all
branches up to four inches in thickness lopped from tops and logs, will
at the time of skidding be piled compactly and away from reserved trees
on the whole area to be selectively logged and on a strip at least ten
rods wide around all other logging areas in units not larger than
quarter sections, unless some other method of slash disposal is provided
in the contract.
26. Burning of the slash by the purchaser will be done at such times
and in such manner as may be required by the officer in charge, who may
at that time assume direct charge of the crew of the purchaser engaged
at the work of burning. Slashing will not be burned during any period
of fire danger. Whenever fire runs through a slashing, except in
compliance with the instructions of the officer in charge the purchaser
may be required to lop or to pile and reburn the slash.
27. Unsatisfactory disposal of the slash will be cause for the
officer in charge to suspend all operations of the purchaser until the
unsatisfactory condition is corrected.
28. Forest fires on the sale area or adjacent lands during the
contract period will be prevented or suppressed by the purchaser, his
employees and subcontractors, whenever possible. When called upon by an
authorized forest officer, they will work under his directions to
suppress fires. If the purchaser or his employees or subcontractors
were not directly or indirectly responsible by act or neglect for the
origin or the spread of the fire, reimbursement will be made, except
that such reimbursement shall not exceed one-half the cost of
suppression within the sale area or within one-half mile of the same.
29. Donkey logging may be permitted in the discretion of the
Commissioner of Indian Affairs. The ground around the donkey engine
will at each setting be cleared of dry trees for a distance of ten rods
and of all other combustible material for a distance of fifty feet in
all directions during the season from 000501 to 000930 and any other
season of fire danger.
30. All stoam engines not burning oil for fuel during the period
from 000501 to 001015 and all other seasons of fire danger will be
equipped with spark arresters acceptable to the officer in charge, and,
excepting locomotives, will have a steam force pump with not less than
one inch discharge, one hundred feet of serviceable one-inch hose, six
twelve-quart pails, six shovels, and a constant supply of not less than
the equivalent of twelve barrels of water. This equipment will be
suitable for fire-fighting purposes and kept in serviceable condition
and used when necessary for fighting fires.
31. A watchman employed by the purchaser and kept on duty during the
noon hour at each engine in actual use and not burning oil, and during
the night if fires are kept up, may be required by the officer in charge
during the period from 000501 to 001015 and any other period of fire
danger.
32. Rigging will not be slung on trees reserved from cutting without
the use of bushing, and only in a manner satisfactory to the officer in
charge.
33. Clearing the right of way of the logging railroad and it spurs
and the careful burning of all combustible material for a distance of
fifty feet on each side of the track is required of the purchaser unless
the officer in charge shall, in writing, prescribe a lesser width. And
the purchaser shall for such periods as may be required by the said
forest officer in charge patrol all railroad tracks after the passage of
each locomotive.
34. The vicinity of logging camps and stables will be kept in a
clean and sanitary condition, and rubbish will be removed and properly
burned or buried during the occupancy and upon the removal of the camps
and stables.
35. Streams will not be obstructed by felled trees or otherwise
except by the improvements hereinbefore provided for, nor will they be
polluted by sawdust, manure, or any other refuse from a camp or mill.
36. Damage to land or other property of the Indians or the
Government resulting from rights of way, dams, and other improvements or
operations of the purchaser will be appraised by the officer in charge,
and if not offset by the value of the permanent improvements made by the
purchaser will be charged against the purchaser.
37. Existing telephone lines, fences, roads, trails, and other
improvements will be protected as far as possible in the logging
operations, and whenever they are broken or obstructed the purchaser
will promptly repair the damage. If he fails to make the repairs
promptly, the officer in charge may make the repairs and purchasers may
be charged with double the expense thereof.
38. Telephone lines constructed by the purchaser within the Indian
reservation will be open to the free use of all Indian Service officers
for official business, and the purchaser may for their construction and
repair cut and use free of charge all necessary poles which are not
otherwise merchantable and subject to regulation by the officer in
charge.
39. Improvements necessary to execute his contracts such as camps,
sawmills, railroads, roads, telephone lines, chutes, bridges, sluices,
and dams may be constructed and maintained by the purchaser on and
across the contracted area and other tribal lands, subject to regulation
by the Commissioner of Indian Affairs.
40. Free transportation of Indian Service employees engaged in
official business will be allowed over all such railroads, and such
employees may, at their own risk, operato hand cars or speeders over the
track in such manner as not to interfere with the use of the railroad by
the purchaser.
41. Improvements already on the area or on other lands of the
reservation and which are necessary for logging purposes may be used by
the purchaser, subject to regulation by the Commissioner of Indian
Affairs.
42. The time limit for the removal of the improvements and other
property of the purchaser is one year after the expiration of the
contract. After that time the title to improvements, including camps,
will attach to the land, and no personal property of the purchaser will
thereafter be removed except with the written consent of the officer in
charge: Provided, That improvements necessary for the logging of other
Indian timber may be left for such time and on such terms as may be
prescribed by the Commissioner of Indian Affairs.
43. 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.
44. If extension of time to cut and remove the timber is not granted
by the officer approving a contract, the purchaser can cut no timber
after the expiration of the contract, but he may remove the timber,
previously cut and paid for, within one year of the expiration of the
contract. If not removed within the time allowed, the title will revert
to the vendor notwithstanding the purchaser may have paid for the
timber.
45. Assignment of any contract in whole or in part by the purchaser
will not relieve him of his contract obligations unless the assignment
is approved by the officer approving the contract nor until the bond is
satisfactorily renewed.
46. Refunds of overpayments will be made to the purchaser by the
approving officer provided all terms of the contract have been
fulfilled, and the approving officer may also, in his discretion, reduce
the amount of timber that is required by the contract to be paid for and
removed in any one year.
47. Indian labor will be employed by the purchaser at the same wages
as other labor and in preference to other labor not already in his
employ whenever the Indian labor seeks employment and is competent.
48. All regulations relative to the maintenance of order on Indian
reservations and the introduction of intoxicating liquors will be
complied with by the purchaser.
49. In compliance with law and Executive order, no Member of
Congress or any Delegate thereto shall have any interest, direct or
indirect, in the contract of which these regulations are a part (sec.
3741, R. S., and secs. 114-116, act of 090304 Stat. L., 1109), and no
person undergoing a sentence of imprisonment at hard labor shall be
employed in carrying out any contract (Executive order, 050518). The
cutting or removal of timber from Indian Lands in breach of the terms of
any contract and without other lawful authority, or the leaving of fires
unextinguished, will render the offenders liable to the penalties
prescribed by section 6 of the act of 100525 (36 Stat. L., 857).
Section corners, quarter section corners, or meander posts on any
Government line of survey shall not be destroyed, defaced, changed, or
removed to any other place, nor shall any witness trees or any tree
blazed to mark the line of a Government survey be cut down in the
carrying out the provisions of this agreement. (Sec sec. 57, act of
090304, 35 Stat, L., 1099.)
50. The expenses of examining, advertising, marketing, scaling, and
protecting the timber and of general supervision of the sale will be
paid out of a timber expense fund, for which purpose not over ten per
cent of the gross proceeds of the sale will be set aside.
51. All the records of the purchaser and his subcontractors
pertaining to the logging operation and the manufacture and sale of the
products thereof will be open to inspection at any reasonable time by
the officer in charge or other officer designated by the Commissioner of
Indian Affairs, and the information so obtained will be regarded as
confidential. The pur chaser will furnish the officer in charge, at
such times as he may request, the amount of lumber sold and the average
grade prices received f. o. b. the mill during certain periods; also
the amount of box lumber sold, with average price per M; the amount of
ties and timber sold, with average price per M; and the amount of
by-products sold and the total receipts for same.
52. Suspension of the purchaser's operations may be made by the
officer in charge if any requirements of the contract and of these
regulations are disregarded and until there is satisfactory compliance.
Presistent failure to comply with any one of the requirements of the
contract or regulations after written notice addressed to the purchaser
by the superintendent or the officer in charge will be ground for
revocation by the officer approving the contract of all rights of the
purchaser under this and other contracts and the forfeiture of his bond
and of all moneys paid, and the purchaser will be liable for all damage
resulting from his breach of contract.
53. Complaints by the purchaser arising from any action taken by the
forest officer in charge under the terms of any contract will not be
considered unless made in writing to the Commissioner of Indian Affairs
within thirty (30) days of the alleged unsatisfactory action.
54. The decision of the officer approving any contract will be final
in the interpretation of the contract and of the regulations, and the
terms of the contract or regulations can not be varied in any detail
without the written approval of the officer approving the sale.
55. Whenever any bond furnished to guarantee obligations under a
sale shall be unsatisfactory to the officer approving the sale he may
require a new bond which shall be satisfactory to him.
56. Failure of the purchaser to complete his contract or to log
promptly an area damaged by fire, wind, insects, or other causes, or the
commission by him of any act for which the officer approving his
contract shall declare the contract forfeited, will render the purchaser
and his bondsmen liable for the depreciation in the value of the
remaining timber on an estimate of value and quantity to be made under
the direction of the officer approving this contract.
The above General Timber Sale Regulations are hereby prescribed for
use in all contracts for the sale of timber from Indian lands except as
special provision shall be made by the Commissioner of Indian Affairs or
the Secretary of the Interior in particular sales.
Approved, 200410 S. G. HOPKINS, Assistant Secretary.
CATO SELLS, Commissioner
CERTIFICATE OF COMPLETION OF TIMBER CONTRACT
5-500a
Timber statement (final) 460810s
Taholah Indian Agency
(ILLEGIBLE)
Name of allottee Horton Capoeman
Name of contractor Aloha Lumber Company
Indian Office file No. 3866-43 5041
Contract approved 430531 - 430617 Expires 460331
Extended Indian Officer file No. 6876 Extension expires 460331 Name
of party or parties entitled to proceeds and relationship to allottee
Horton Capoeman
(ILLEGIBLE)
Table not keyed, see original
CONTRACTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that all the timber covered by my contract on
above-described allotment has been removed and I hereby surrender all
rights under the above contract and request to be released from further
obligations under said contract.
ALOHA LUMBER COMPANY (ILLEGIBLE)
Date 470303
INSPECTOR'S CERTIFICATE
(FINAL CUT)
I hereby certify that I have examined the above-described allotment
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.
(ILLEGIBLE) Forest Ranger
(ILLEGIBLE)
SUPERINTENDENT'S CERTIFICATE
I hereby certify that the foregoing is a true account of all timber
cut and funds accrued from the sale of timber on the (ILLEGIBLE)
(ILLEGIBLE)
(ILLEGIBLE)
(ILLEGIBLE)
HEL-009-0830-0858
HEL-009-0829-0858
MELICH, M DOI
560106
CORRESPONDENCE
RINGEY, C W W WASH AGENCY LIBBY, J W W WASH AGENCY
Forestry 339.5 - N.P. Trail
Field Service Western Washington Agency Hoquiam Sub Station Hoquiam,
Washington
560106
Mr. Horton Capoeman Taholah Washington
Dear Mr. Capoeman:
This is in answer to your request for information regarding a timber
sale on your allotment made in 430000.
On 430410 bids were opened for the sale of the merchantable timber
within the Quinault Indian Reservation on an area designated as the N.P.
Trail Unit, situated in portions of Sections 19, 20, 29 and 30, Township
22 North, Range 11 West, and portions of Section 24, 25 and 26, Township
22 North, Range 12 West, Willamette Meridian. This timber was
advertised for sale by the Commissioner of Indian Affairs, John Collier,
and the Aloha Lumber Company of Aloha, Washington, was the successful
bidder.
A General Timber Sale Contract was entered into on 430510 and
approved by the Acting Commissioner of Indian Affairs, Paul L.
Fickinger, on 430617. As provided for in the general contract, separate
allotment contracts were entered into for those Indians holding
trust-patented allotments in the N.P. Trail Unit. On 430529 an
individual contract was entered into between the Acting Superintendent,
Vincent J. Keeler, as authorized by your Power of Attorney, and the
Aloha Lumber Company. This contract was approved on 430617 by the
Acting Commissioner of Indian Affairs, Paul L. Fickinger. Copies of the
General Timber Sale Contract No. I-101-Ind1473 and the individual
Allotment Contract No. I-101-Ind-1483 are enclosed herewith.
An advance payment in the amount of 10% of the total estimated value
of the allotments in the Unit was paid into this office on 430412 on
Official Receipt No. 214,974 in the amount of $9,664.41, and held in
Special Deposits pending approval of the individual contracts. The
advance payment due on each individual contract was transferred to the
account of the allottee after approval of the individual contract, and
in your case, the first advance payment was made on 430715.
The copy of the General Timber Sale Contract No. I-101-Ind-1473
enclosed herewith shows that your allotment was included in the N.P.
Trail Unit.
Cutting began in 430000 on your allotment and each transfer made was
credited to your account at this agency. The last scale report is dated
460815. The total volume removed from your allotment was 3,257,520 ft.,
for a total value of $15,080.80. Of this amount $13,841.93 was credited
to your individual account and the remainder or $1,238.87 was
transferred to the Treasury of the United States for administrative
expenses.
Please feel free to call on us again if you need any further
information.
Very truly yours, C.W. Ringey, Superintendent,
By John W. Libby,
Forest Manager.
jw encls.
HEL-009-0859-0860
HEL-009-0859-0868
CAPOEMAN, H
691215
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
RECEIVED 691216
Forestry 339.5 CAPOEMAN, Horton Q-10-N.P. Trail
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
691215
Wilkinson, Cragon & Barker 1616 H Street, N.W. Washington, D.C.
20006
Attention: Mr Charles H. Hobbs
Gentlemen:
This is in reply to your letter of 691121, in regard to Quinault
Timber - 10% Charge, Horton Capoeman Quinault Allotment No. 10. We are
pleased to furnish you with the following information in regard to the
sale of Mr. Capoeman's timber which was included as part of the N.P.
Trail Sale Unit.
1. When was Horton Capoeman's timber cut?
The N.P. Trail General Timber Contract No. I-101-Ind-1483 was
approved to Aloha Lumber Corporation 430617; expiration date was
460331, with an extension granted to 470331. Mr. Capoeman's timber, as
a part of this unit, was logged during this period; the final report on
his allotment is dated 460810.
2. How much did the logging company pay for it? And when was it
paid?
Total value paid for the timber on the Capoeman allotment was
$15,080.80. By the terms of the contract, an advance payment of 10% of
the estimated value of the timber was required. On Mr. Capoeman's
allotment this amounted to $1,272.38. The value of the first timber
sealed was charged against this advance payment of liquidate it. In the
case of Mr. Capoeman, this was accomplished with the first scale report.
Scale Report values, amounts deducted as fees, and amounts credited to
Mr. Capoeman's Individual Indian Account are as follows:
Table not keyed see original
3. Was the money paid to the Agency to be credited to Mr.
Capoeman's trust account?
Yes, in the amounts set forth on the previous page, column IIM C-50,
4. How much of what was paid did the Government deduct?
CFR, Department of the Interior, Title 23 - Indian, Part 61, Section
61.25 states in part: "In all sales of timber from either allotted or
unallotted land a sufficient deduction will be made from the gross
procede to cover the cost of examining, supervising, advertising,
collecting, disbursing, accounting, marketing, scaling caring for the
slash, and protecting from fire the timber and young growth left
standing on the land being logged or upon adjacent land. Unless special
instructions have been given by the Commissioner of Indian Affairs as to
the amount of the deduction or the manner in which it is to be made, 8
percent of the gross amount received for the timber sold under regular
supervision from allotted or unallotted land will be deducted by the
Superintendent to cover administrative expenses as required by the Act
of 200214 (41 Stat. 415; 25 U.S.C. 413)."
On 440901, Part 61, Section 61.25 was amended to read in part as
follows ####### Unless special instructions have been given by the
Commissioner of Indian Affairs as to the amount of the deduction or the
manner in which it is to be made, 10 percent of the gross amount
received for the timber sold under regular supervision from allotted or
from unallotted land will be deducted by the Superintendent to cover
administrative expenses as required by the Act of 200214 (41 Stat. 415;
25 U.S.C. 413) as amended." (F. R. doc. 44-13507).
From the beginning of the contract through 440430, 8% of the total
Scale Report value was collected as fees. The amount of fees was
$1,076.80. From scale reported 460310, through 460815, when operations
were completed on the allotment, 10% fees in the amount of $162.07 were
collected, making a total of fees $1,238.87. Fees were collected at the
same time funds were credited to Mr. Capoeman's account as shown in the
previous column "Fees".
5. Has the Secretary of the Interior ever found him to be competent
and capable of managing his own affairs, pursuant to 25 USC 349?
We have had no reason to question Mr. Capoeman's competency. Since
he has not been found otherwise, he is considered as competent.
A copy of this letter is being sent to Mr. Horton Capoeman as you
requested in your letter.
Sincerely yours, (Sgd.) George M. Felshaw Superintendent
cc: Mr. Horton Capoeman MPIsom subject chrony green chrony Hoquiam
Forestry Mr. Lozar, Asst Supt
HEL-009-0861-0864
HEL-009-0859-0868
HOBBS, C H WILKINSON, CRAGUM &
691215
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
RECEIVED
WESTERN WASH. INDIAN AGENCY HOQUIAM, WASH.
691216
Forestry 339.5 CAPOEMAN, Horton Q#10-M.P. Trail
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
691215
Wilkinson, Cragum & Barker 1616 H. Street, N.W. Washington, D.C.
20006
Attention: Mr. Charles M. Hobbs
Gentlemen:
This is in reply to your letter of 691121, in regard to Quinault
Timber - 10% Charges, Horton Capoeman Quinault Allotment No. 10. We are
pleased to furnish you with the following information in regard to the
sale of Mr. Capoeman's timber which was included as part of the M.P.
Trail Sale Unit.
1. When was Horton Capoeman's timber cut?
The M.P. Trail General Timber Contract No. I-101-Ind-1483 was
approved to Aloha Lumber Corporation 430617; expiration date was
460331, with an extension granted to 470331. Mr. Capoeman's timber, as
a part of this unit, was logged during this period; the final report on
his allotment is dated 460810.
2. How much did the logging company pay for it? And when was it
paid?
Total value paid for the timber on the Capoeman allotment was
$15,080.80. By the terms of the contract, an advance payment of 10% of
the estimated value of the timber was required. On Mr. Capoeman's
allotment this amounted to $1,272.38. The value of the first timber
scaled was charged against this advance payment to liquidate it. In the
case of Mr. Capoeman, this was accomplished with the first scale report.
Scale Report values, amounts deducted as fees, and amounts credited to
Mr. Capoeman's Individual Indian Account are as follows:
Table not Keyed See Original
3. Was that money paid to the Agency to be credited to Mr.
Capoeman's trust account?
Yes, in the amounts set forth on the previous page, columb IIM #C-50
4. How much of what was paid did the Government deduct?
CFR, Department of the Interior, Title 23 - Indians, Part 61, Section
61.25 states in part: "In all sales of timber from either allotted or
unallotted land a sufficient deduction will be made from the gross
proceeds to cover the cost of examining, supervising, advertising,
collecting, disbursing, accounting, marketing, scaling, caring for the
slash, and protecting from fire the timber and young growth left
standing on the land being logged or upon adjacent land. Unless special
instructions have been given by the Commissioner of Indian Affairs as to
the amount of the deduction or the manner in which it is to be made, 8
percent of the gross amount received for the timber sold under regular
supervision from allotted or unallotted land will be deducted by the
Superintendent to cover administrative expenses as required by the Act
of 200214 (41 Stat. 415; 25 U.S.C. 413)."
On 440901, Part 61, Section 61.25 was amended to read in part as
follows: "##### Unless special instructions have been given by the
Commissioner of Indian Affairs as to the amount of the deduction or the
manner in which it is to be made, 10 percent of the gross amount
received for the timber sold under regular supervision from allotted or
from unallotted land will be deducted by the Superintendent to cover
administrative expenses as required by the Act of 200214 (41 Stat. 415;
25 U.S.C. 413), as amended." (F.R. Doc. 44-13507).
From the beginning of the contract through 440430, 8% of the total
Scale Report value was collected as fees. The amount of fees was
$1,076.80. From scale reported 460310, through 460815, when operations
were completed on the allotment, 10% fees in the amount of $162.07 were
collected, making a total of fees $1,238.87. Fees were collected at the
same time funds were credited to Mr. Capoeman's account as shown in the
previous column "Fees".
5. Has the Secretary of the Interior ever found him to be competent
and capable of managing his own affairs, pursuant to 25 USC 349?
We have had no reason to question Mr. Capoeman's Competency Since he
has not been found otherwise, he is considered as competent.
A copy of this letter is being sent to Mr. Horton Capoeman as you
requested in your letter.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
cc: Mr. Horton Capoeman MPIsom subject chrony green chrony Hoquiam
Forestry Mr. Lazar, Asst Sutp
HEL-009-0865-0868
HEL-009-0859-0868
HOBBS, C H WILKINSON, CRAGUM &
670516
CORRESPONDENCE
CORKE, C P 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 Records Management Section.
Real Prop. Mgmt.
Acq. & Disp.
670516
Portland Area Director
Commissioner of Indian Affairs
Request to Abandon Part of the Village of Taholah in Order to Create
a Subdivision for Housing.
We are returning all documents transmitted with your letter of 000504
to the Commissioner of Indian Affairs concerning the Village of Taholah.
The Quinault Tribal Business Committee wishes to have Blocks 21
through 43 of the Village replatted to create a new subdivision. It is
suggested that you submit this matter to the Field Solicitor for a
determination of the legal questions involved. The records pertaining
to the Village should be found in the Portland Title Plant including
authorities for its establishment.
(SGD) CHARLES P. CORKE Acting Assistant Commissioner
Enclosures
cc: 300 352 MESALTMARSH/dv 670515
HEL-009-0869-0870
HEL-009-0869-0928
PORTLAND AREA DIR COMM OF IND AFFAIRS
670505
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
IN REPLY REFER TO:
Real Property Management
670504
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Real Property Management
Sir:
By Resolution No. 67-7, dated 670323, the Quinault Tribal Business
Committee requests the Bureau of Indian Affairs to abandon or have
abandoned Blocks 21 through 43 of the Indian Village of Taholah in order
to create a new subdivision for housing.
Historically, the plat of the Indian Village of Taholah was approved
by the General Land Office on 150325, and permitted Indians to receive
patents to village lots in accordance to the provisions of Section 10 of
the Act of 100625 (36 Stat. 855). The records of this office indicate
that sixty-seven restricted fee patents were issued pursuant to this
Act.
This matter has been discussed with the local office of the Bureau of
Land Management but since they have not had any experience in effecting
abandonments on approved plats, it was suggested that this matter be
referred to you in order that information concerning abandonment could
be obtained from their Central Office.
Since the Quinault Tribe is precluded from making additional
allotments within this townsite by accepting the terms of the Act of
340618 (48 Stat. 984), we have informed the Quinault Tribal Business
Committee that this office imposes no objections to the abandonment of
this area so that a more orderly and modern residential subdivision can
be created by the Tribe for new housing for tribal members.
Please advise at an early date if your office concurs with the
abandonment proposed and, if so, please provide us with the procedural
instructions needed to accomplish.
Enclosed is a copy of Resolution No. 67-7 and a copy of the plat of
Taholah Village which depicts the area the Quinault Tribe wants vacated.
Sincerely yours,
A W Galbraith
A. W. Galbraith Assistant Area Director (Economic Development)
Enclosures
HEL-009-0871-0872
HEL-009-0869-0928
COMM OF IND AFFAIRS BIA WASH DC
670504
CORRESPONDENCE
GALBRAITH, A W BIA PAO PORTLAND ORE
IN REPLY REFER TO:
Real Property Management
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
670504
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Real Property Management
Sir:
By Resolution No. 67-7, dated 670323, the Quinault Tribal Business
Committee requests the Bureau of Indian Affairs to abandon or have
abandoned Blocks 21 through 43 of the Indian Village of Taholah in order
to create a new subdivision for housing.
Historically, the plat of the Indian Village of Taholah was approved
by the General Land Office on 150325, and permitted Indians to receive
patents to village lots in accordance to the provisions of Section 10 of
the Act of 100625, (36 Stat. 855). The records of this office indicate
that sixty-seven restricted fee patents were issued pursuant to this
Act.
This matter has been discussed with the local office of the Bureau of
Land Management but since they have not had any experience in effecting
abandoments on approved plats, it was suggested that this matter be
referred to you in order that information concerning abandonment could
be obtained from their Central Office.
Since the Quinault Tribe is precluded from making additional
allotment within this townsite by accepting the terms of the Act of
340618 (48 Stat. 984), we have informed the Quinault Tribal Business
Committee that this office imposes no objections to the abandonment of
this area so that a more orderly and modern residential subdivision can
be created by the Tribe for new housing for tribal members.
Please advise at an early date if your office concurs with the
abandonment proposed and, if so, please provide us with the procedural
instructions needed to accomplish.
Enclosed is a copy of Resolution No. 67-7 and a copy of the plat of
Taholah Village which depicts the area the Quinault Tribe wants vacated.
Sincerely yours, (Sgd) A. W. Galbraith A. W. Galbraith Assistant Area
Director (Economic Development)
Enclosures
5-1073
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20242
OFFICIAL BUSINESS
POSTAGE AND FEES PAID U.S. DEPARTMENT OF THE INTERIOR
NORTH BOUNDARY OF SAN XAVIER INDIAN RESERVATION R.13E R.14E STA.
00+00.00
EAST BOUNDARY OF SAN XAVIER INDIAN RESERVATION
Map not keyed see original
ENGINEER'S AFFIDAVIT
STATE OF ARIZONA:
:ss.
COUNTY OF PIMA:
I, JOHN H. STUFFLEBEAN, BEING FIRST DULY SWORN, DEPOSES AND STATES
THAT HE IS THE CIVIL ENGINEER, FOR THE TUCSON GAS & ELECTRIC COMPANY;
THAT THE SURVEY WAS MADE BY HIM (OR UNDER HIS DIRECTION); THAT HE HAS
EXAMINED THE FIELD NOTES OF THE SURVEY FOR AN ELECTRICAL TRANSMISSION
LINE RIGHT OF WAY AS DESCRIBED AND SHOWN ON THIS MAP; THAT THIS MAP WAS
PREPARED UNDER HIS DIRECTION FROM SAID FIELD NOTES; AND THAT SAID RIGHT
OF WAY 8.506 MILES IN LENGTH BEGINNING AT STATION 00 00.00 AND ENDING AT
STATION 449+14.15 IS ACCURATELY LOCATED ON THIS MAP.
ENGINEER
(ILLEGIBLE)
I, JOHN H. STUFFLEBEAN, BEING FIRST DULY SWORN, DEPOSES AND STATES
THAT HE IS THE CIVIL ENGINEER, FOR THE TUCSON GAS & ELECTRIC COMPANY;
THAT THE SURVEY WAS MADE BY HIM (OR UNDER HIS DIRECTION); THAT HE HAS
EXAMINED THE FIELD NOTES OF THE SURVEY FOR AN ELECTRICAL TRANSMISSION
LINE RIGHT OF WAY AS DESCRIBED AND SHOWN ON THIS MAP; THAT THIS MAP WAS
PREPARED UNDER HIS DIRECTION FROM SAID FIELD NOTES; AND THAT SAID RIGHT
OF WAY 8.506 MILES IN LENGTH BEGINNING AT STATION 00 00.00 AND ENDING AT
STATION 449+14.15 IS ACCURATELY LOCATED ON THIS MAP.
ENGINEER
(ILLEGIBLE)
NOTARY PUBLIC
(ILLEGIBLE)
APPLICANT'S CERTIFICATE
I, N.M. LOVELL, DO HEREBY CERTIFY THAT I AM VICE PRES. ELEC.
OPERATIONS FOR TUSCON GAS & ELECTRIC CO. HEREINAFTER DESIGNATED THE
APPLICANT; THAT JOHN H. STUFFLEBEAN WHO SUBSCRIBED TO THE FOREGOING
AFFIDAVIT AS A CIVIL ENGINEER, AND THAT HE WAS DIRECTED BY THE APPLICANT
TO SURVEY THE LOCATION OF AN ELECTRICAL TRANSMISSION LINE RIGHT OF WAY
AND TO PREPARE THIS MAP; THAT THE LOCATION OF SAID RIGHT OF WAY, 8.506
MILES IN LENGTH BEGINNING AT STATION 00+00.00 AND ENDING AT STATION
449+14.15, IS ACCURATELY REPRESENTED ON THIS MAP; THAT SUCH SURVEY AS
REPRESENTED ON THIS MAP HAS BEEN ADOPTED BY THE APPLICANT AS THE
DEFINITE LOCATION OF THE RIGHT OF WAY THEREBY SHOWN; AND THAT THE MAP
HAS BEEN PREPARED TO BE FILED FOR THE APPROVAL OF THE SECRETARY OF THE
INTERIOR OR HIS DULY AUTHORIZED REPRESENTATIVE AS PART OF THE
APPLICATION FOR SAID RIGHT OF WAY TO BE GRANTED THE APPLICANT, ITS
SUCCESSORS AND ASSIGNS, WITH THE RIGHT TO CONSTRUCT, MAINTAIN, AND
REPAIR IMPROVEMENTS, THEREON AND THEREOVER, FOR SUCH PURPOSES, AND WITH
THE FURTHER RIGHT IN THE APPLICANT, ITS SUCCESSORS AND ASSIGNS, TO
TRANSFER THIS RIGHT OF WAY BY ASSIGNMENT, GRANT, OR OTHERWISE.
ENGINEER, AND THAT HE WAS DIRECTED BY THE APPLICANT TO SURVEY THE
LOCATION OF AN ELECTRICAL TRANSMISSION LINE RIGHT OF WAY AND TO PREPARE
THIS MAP; THAT THE LOCATION OF SAID RIGHT OF WAY, 8.506 MILES IN LENGTH
BEGINNING AT STATION 00+00.00 AND ENDING AT STATION 449+14.15, IS
ACCURATELY REPRESENTED ON THIS MAP; THAT SUCH SURVEY AS REPRESENTED ON
THIS MAP HAS BEEN ADOPTED BY THE APPLICANT AS THE DEFINITE LOCATION OF
THE RIGHT OF WAY THEREBY SHOWN; AND THAT THE MAP HAS BEEN PREPARED TO
BE FILED FOR THE APPROVAL OF THE SECRETARY OF THE INTERIOR OR HIS DULY
AUTHORIZED REPRESENTATIVE AS PART OF THE APPLICATION FOR SAID RIGHT OF
WAY TO BE GRANTED THE APPLICANT, ITS SUCCESSORS AND ASSIGNS, WITH THE
RIGHT TO CONSTRUCT, MAINTAIN, AND REPAIR IMPROVEMENTS, THEREON AND
THEREOVER, FOR SUCH PURPOSES, AND WITH THE FURTHER RIGHT IN THE
APPLICANT, ITS SUCCESSORS AND ASSIGNS, TO TRANSFER THIS RIGHT OF WAY BY
ASSIGNMENT, GRANT, OR OTHERWISE.
APPLICANT
TUCSON GAS & ELECTRIC COMPANY
By N M LOVELL
VICE PRESIDENT
ELEC. OPERATIONS
THIS MAP, COMPOSED OF ONE SHEET, IS HEREBY APPROVED, PURSUANT TO THE
PROVISIONS OF THE ACT OF 480205 (62 STAT.17) AND DEPARTMENTAL
REGULATIONS 26 CFR 161, FOR A PERIOD OF 50 YEARS FROM DATE OF APPROVAL,
AND IS SUBJECT TO RENEWAL FOR A LIKE TERM UPON COMPLIANCE WITH
APPLICABLE REGULATIONS, SUBJECT TO ANY PRIOR VALID EXISTING RIGHT OR
ADVERSE CLAIM.
TITLE:
(ILLEGIBLE) (ILLEGIBLE) (ILLEGIBLE)
Map not keyed, see original
THIS MAP, COMPOSED OF ONE SHEET, IS HEREBY APPROVED, PURSUANT TO THE
PROVISIONS OF THE ACT OF 480205 (62 STAT.17) AND DEPARTMENTAL
REGULATIONS 25 CFR 161, FOR A PERIOD OF 50 YEARS FROM DATE OF APPROVAL,
AND IS SUBJECT TO RENEWAL FOR A LIKE TERM UPON COMPLIANCE WITH
APPLICABLE REGULATIONS, SUBJECT TO ANY PRIOR VALID EXISTING RIGHT OR
ADVERSE CLAIM.
CENTER LINE OF U.S.S.R 115 K.V TRANSMISSION LINE
CENTER LINE OF T.G.&E 138 KV TRANSMISSION LINE
NOTE
RIGHT OF WAY TO EXTEND 50' EITHER SIDE CENTER LINE
TITLE:
T.G.& E. 138 K.V. TRANSMISSION LINE RIGHT OF WAY LOCATED ON SAN
XAVIER INDIAN RESERVATION
T. G & E. CO.
TUCSON, ARIZONA
SCALE: AS SHOWN DATE: 680318
DRAWN BY: J.R.M.
TRACED BY: APPROVED BY: R.B.Mc
B&C-D-6862 R.W 1289-B
5-349d
660500
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.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building - 3006 Colby Avenue
Everett, Washington 98201
LAND SALE: INVITATION NO. 363
BIDS OPENED: 1:00PM (P.S.T.) 671016
Table not keyed, see original
HEL-009-0873-0888
HEL-009-0869-0928
COMM OF IND AFFAIRS BIA WASH DC
670309
CORRESPONDENCE
OFFICER, J BIA
670309
To: Clarence Pautaks, Commissioner
Fish and Wildlife Service
From: James Officer, Associate Commissioner
Bureau of Indian Affairs
Clarence:
Our records with respect to the Quinault land sales show the
following:
1. 580213. Greenacres purchased Quinault allotment #222 consisting
of 89.4 acres of cut-over timber land for $5,106.00, or $57.11 per acre.
The previous October, the land had been appraised at $1,400 or about 30
percent of what it brought in the supervised sale.
2. 590123. Greenacres purchased Quinault allotment #876 consisting
of 80 acres of cut-over timber land for $3,266.00, or $40.83 per acre.
The previous September this land had been appraised at $2,000, a little
less than two-thirds of what it brought in the supervised sale.
3. 620122. Greenacres purchased Quinault allotment #467 consisting
of 75.75 acres of cut-over timber land for $25,506.00, or $336.71 per
acre. The previous August, the land had been appraised at $15,700.00,
roughly 60 percent of what it brought in the supervised sale.
The differences in value for these lands relate to such matters as
road access and proximity to the beach. The total acreage involved is
245.15, and the average per acre sale price, $138.19.
I hope this will be helpful. Suggest to Mrs. Hansen that if she has
further questions, she should call me. Incidentally, I gathered from
Jim Jackson when he was last here that the Tribe and the Development
Company are working things out to everyone's satisfaction. However, I
doubt that Mrs. Hansen has been brought up to date by Jim.
(ILLEGIBLE)
cc: Branch of Real Property Management
565
Please have brief for Base file return to 566
No 222 #Portland A. O.
670109 670123
WESTERN WASHINGTON
ENCLOSED LTR IN REGARDS TO LANDS PURCHASED BY GREENACRES, INC., ON
THE QUINAULT INDIAN RES.
2C
KG 352
NO 222 #PORTLAND A. O.
67-01-09 67-01-23
WESTERN WASHINGTON
ENCLOSED LTR IN REGARDS TO LANDS PURCHASED BY GREENACRES, INC., ON
THE QUINAULT INDIAN RES.
2C
KG 352
HEL-009-0889-0892
HEL-009-0869-0928
PAUTSKE, C FISH & WILDLIFE SVC
670109
CORRESPONDENCE
GALBRAITH, A W BIA PAO PORTLAND ORE
RECEIVED
670113
IN REPLY REFER TO:
Real Property Management
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND, OREGON 97208
670109
Commissioner of Indian Affairs
Washington D. C. 20242
Sir:
This is in response to a request by Mr. James E. Officer, Associate
Commissioner, for information concerning lands purchased by Greenacres,
Inc., on the Quinault Indian Reservation.
According to the records of this office, Greenacres, Inc., has
purchased by bid in Bureau advertised supervised sales three allotments
on the Quinault. We find that on 580213, they acquired Quinault
allotment number 222 containing 89.40 acres, the consideration being
$5,106.00. The Bureau's appraised value of this tract was $1,400.00.
On 590123, they acquired Quinault allotment number 876 containing 80.00
acres for $3,266.00. The Bureau's estimate of value was $2,000.00.
Then, on 620122, Quinault allotment number 467 containing 75.75 acres
was acquired by Greenacres, Inc., the sale price being $25,506.00. The
Bureau's appraised value for this tract was $15,700.00.
In summary of the foregoing, we find that a total of 245.15 acres has
been purchased by Greenacres, Inc., on the Quinault Reservation at a
cost to them of $138.19 per acre. The lands sold to Greenacres, Inc.,
were lands without timber of commercial quality and quantity.
We have been informed by the Western Washington Agency that
Greenacres, Inc., has also purchased two former allotments for which fee
patents were issued to Indian owners in the early 200000. These fee
patented allotments were subsequently sold to non-Indians prior to their
purchase by Greenacres, Inc.
Please advise if further information is desired.
Sincerely yours,
A. W. Galbraith Assistant Area Director
(Economic Development)
File
No further action required per (ILLEGIBLE)
(ILLEGIBLE)
(ILLEGIBLE)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D. C.
OFFICE OF THE ASSOCIATE COMMISSIONER
Charlotte
Lets call in Frank Hutchison to talk about this
J.E.O.
Charlotte
For Mr. Officer per our conversation.
SL.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20242
POSTAGE AND FEES PAID
U.S. DEPARTMENT OF THE INTERIOR
OFFICIAL BUSINESS
POSTAGE AND FEES PAID
U.S. DEPARTMENT OF THE INTERIOR
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency
Federal Building
Everett, Washington 98201
OFFICIAL BUSINESS
Mr. James E. Officer
Associate Commissioner
Bureau of Indian Affairs
Washington, D. C. 20242
Point Grenville Beach Negative # 9A
Looking North at Point Grenville which is located in Sec. 13,T21N,
R13W., WM. This area is North of the debris filled beach.
Point Grenville beach showing the debris fill area. This picture
taken looking South.
Negative #3-3A
Point Grenville Beach Negative # 3-3A
Point Grenville beach showing the debris fill area. This picture
taken looking South.
Squaw Rock on the Point Grenville beach showing the debris fill in
the background. Taken at low tide looking East.
Negative # 15A
Point Grenville Beach Negative # 15A
Squaw Rock on the Point Grenville beach showing the debris fill in
the background. Taken at low tide looking East.
The debris fill on the Point Grenville beach, taken while the tide
was low.
Negative # 11A
Point Grenville Beach Negative # 11A
The debris fill on the Point Grenville beach, taken while the tide
was low.
Point Grenville beach looking North. The road on the upper right is
the Wash. St. Hwy. #109 going North.
Negative #5A
Point Grenville Beach Negative # 5A
Point Grenville beach looking North. The road on the upper right is
the Wash. St. Hwy. #109 going North.
The entrance to the Point Grenville beach from Wash. St. Hwy. #109.
The debris fill is on the right.
Negative # 19A
Point Grenville Beach Negative # 19A
The entrance to the Point Grenville Beach from Wash. St. Hwy. #109.
The debris fill is on the right.
Looking South along the Point Grenville beach where you see in the
distance the Wreck Creek outlet.
Negative # 6A
Point Grenville Beach Negative # 6A
Looking South along the Point Grenville beach where you see in the
distance the Wreck Creek outlet.
Looking South along the Point Grenville beach with the debris filled
area on the left. This photo taken from on top of Squaw Rock.
Negative # 17A
Point Grenville Beach Negative # 17A
Looking South along the Point Grenville Beach with the debris filled
area on the left. This photo taken from on top of Squaw Rock.
Tide flats and the debris filled Point Grenville beach looking
Southeast.
Negative # 13-13A
Point Grenville Beach Negative # 13-13A
Tide flats and the debris filled Point Grenville beach looking
Southeast.
Looking East from Wash. St. Hwy #109 is one of the areaswhere the
debris was taken. In taking the debris they attempted to make homesites
out of hillsides not suitable for homesites. Negative #20A
Point Grenville Beach Negative # 20A
Looking East from Wash. St. Hwy #109 is one of the areas where the
debris was taken. In taking the debris they attempted to make homesites
out of hillsides not suitable for homesites.
HEL-009-0893-0927
HEL-009-0869-0928
COMM OF IND AFFAIRS BIA WASH DC
670105
CORRESPONDENCE
FELSHAW, G M BIA W WASH AGENCY
RECEIVED
670110
IN REPLY REFER TO: Administration
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
670105
Through: Area Director, Portland, Oregon
Mr. James E. Officer Associate Commissioner Bureau of Indian Affairs
Washington, D. C. 20242
Dear Mr. Officer:
Your letter of 001203 brings to our attention the need for
photographs of beaches adjoining the Quinault Reservation. You will
find enclosed several photographs of beach areas.
Sincerely yours,
George M. Felshaw Superintendent
Enclosures
Noted. 670106
(ILLEGIBLE) Area Director
HEL-009-0928-0928
HEL-009-0869-0928
OFFICER, J E BIA WASH DC AREA DIR BIA PORTLAND
680202
CORRESPONDENCE
TAYLOR, T W BIA WASH DC
BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C.
MEMORANDUM FROM: BRANCH OF FORESTRY
DATE 680327
TO 566 FILES
Thank you very much.
Shirley Crosby Forestry Code 330
5-3490 (660500)
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.
(ILLEGIBLE)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C. 20242
680202
Mr. Richard K. Bush, Esq. Ryan, Carlson, Bush, Swanson & Hendel
Attorneys at Law 545 Henry Building Seattle, Washington 98101
Dear Mr. Bush:
This is in response to your appeal to this office from an adverse
decision of the Area Director, Bureau of Indian Affairs, Portland,
Oregon, dated 000823 which affirmed the decision of the Superintendent,
Western Washington Agency, Everett, Washington, not to approve certain
quit claim deeds which would affect the real property inventory in the
Charles Wain, Jr., probate proceeding.
The record before us reveals that pursuant to the terms of the will
of Joseph Wain (Wing), deceased Quinault Allottee No. 435, Claude Wain,
Clara Wain Konkler and Charles Wain, Jr., were devices of undivided 1/3
interests in said Quinault Allotment No. 435. It appears that the
owners desired to sell the merchantable timber remaining on the
allotment in 610000. Regulations of this Bureau (25 CFR 141.19(c))
provide that a special timber cutting permit can only be issued to an
Indian having sole beneficial interest in the allotment. Although the
normal procedure in such circumstances is an advertised sale by
co-owners, the appellants chose to harvest their timber under the
special permit provisions of 25 CFR 141.19 in the belief that it would
save time.
In order to place all of the beneficial interests in the subject
allotment in one owner, Clara Louise Wain, a.k.a. Clara Wain Konkler,
and her father, Claude Wain, each conveyed their 1/3 undivided interest
in the allotment to Charles Wain, Jr., by gift deeds executed 610624 and
610626, respectively. The two conveyance were approved 611106, by the
Acting Area Director. On 610626, Charles Wain, Jr., executed quit claim
deeds purporting to reconvey each of the undivided 1/3 interests back to
Claude Wain and Clara Louise Wain. These deeds were not submitted to
the Bureau of Indian Affairs for approval until after the death of the
grantor and they were not approved.
There is nothing in the record to substantiate the claim of
appellants that Bureau officials were aware of the true intent of the
parties relating to the reconveyance. Accordingly, we find that the
approval of the gift conveyances and the subsequent refusal of the
Superintendent and the Area Director to approve the quit claim deeds
were proper under the circumstances.
We believe that it is well settled in the law that a gift does not
pass where there is a condition to be met which would remove the
interest to be vested at the time the gift is made. Acceptance of a
gift may be implied but delivery and the intention of the decor are
subject to proof. In light of subsequent developments, there can be no
question but that it was the intention of the parties to this
transaction that there would be a reconveyance of the interests which
purported to pass as gifts. Mr. Charles Wain, Jr., in fact executed the
quit claim deeds to return the interests of his donors in virtually the
same motion with which he received them as gifts. It follows that the
gift conveyances must fail because of lack of interest in the donors and
they were at no time divested of their individual interests in the
subject property.
There was privity of estate between the parties to this cumbersome
venture but all appear to have benefitted equally by the agreement.
Since there is no question of fraud or misconduct by the parties herein
and since the oral contract between them has been carried out to the
satisfaction of all concerned we will not now alter the outcome.
Accordingly, we are authorizing and directing the Portland Area
Director to receive the approval of the gift deeds of the appellants to
the decedant and their interests in the subject property remain
undisturbed.
Sincerely yours,
(Sgd) T. W. Taylor Deputy Commissioner
cc: Mr. R. J. Montgomery, Examiner of Inheritance, Portland Regional
Solicitor's Office - Attention: Mr. Jourdnos
Area Director - Portland for action indicated Note: This decision is
not to be considered by you as a model for future decisions in like
situations. As stated herein the gift deeds were approved because the
intent of the parties was concealed from our officials. Future gift
conveyances should include in the application form 5-105 or in a
separate affidavit a statement that the parties understand that a gift
is a permanent vested interest and no further benefits will accrue to
the donor.
Cases of this nature must be considered on their individual merits
and our policy must continue to be adherence to the regulations.
Superintendent; Western Washington Agency
Field Title Plant; Portland
300
352
MESaltmarsh:hn 680124
HEL-009-0929-0933
HEL-009-0929-1015
BUSH, R K RYAN, CARLSON, BUSH
670921
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
RECEIVED
670925
IN REPLY REFER TO: Real Property Management
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
670921
Commissioner of Indian Affairs
Washington, D. C. 20242
Attention: Real Property Management
Sir:
We enclose formal notice of appeal from our administrative action
which denied Claude Wain and Clara Wain Konkler, Indians of the Quinault
Reservation, any title of interest in the allotment of Joseph Wain
(Wing), deceased Quinault Allottee 435. The appellants' supporting
material, identified as Exhibit A, is attached to and made a part of the
Notice of Appeal.
In supplement to the material provided by the appellants we enclose,
from our files, copies of correspondence and documents pertinent to your
consideration of the petitioners' appeal.
Inasmuch as 25 CFR 141.19(c) provides that a timber cutting permit
can be issued only to an Indian having the sole beneficial interest in
an allotment, we anticipate the reoccurrence of similar circumstances as
those developed in the instant case of appeal. Reoccurrence is most
probable with respect to Quinault Reservation lands in heirship status
that possess merchantable stands of timber. Unless we are otherwise
instructed, your decision in this case will be regarded by this office
as a decision of policy to be employed in handling future situations of
similar kind referred to us from the Examiner of Inheritance.
If additional information on which to base your decision is needed,
please advise.
Sincerely yours,
A. W. Galbraith A. W. Galbraith Assistant Area Director (Economic
Development)
Enclosures:
Copy of Appeal from Order of Inheritance Examiner
HEL-009-0934-0935
HEL-009-0929-1015
COMM BIA WASH DC
670928
CORRESPONDENCE
PAO
RECEIVED
671002
Form 5-388 530700 45136
U. S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Air Mail
For Information
To Commissioner. Washington, D. C.
FOR ATTENTION OF: Mr. Saltmarsh, Real Property Management
FROM PORTLAND AREA OFFICE
DATE: 670928
SUBJECT Pursuant to your telehonic request this date, enclosed is
copy of our 670822 letter to Mr. Richard K. Bush, Attorney, regarding
the appeal of Claude Wain and Clara Louise Wain Konkler.
Enclosure
671002
HEL-009-0936-0936
HEL-009-0929-1015
COMM BIA WASH DC
670822
CORRESPONDENCE
GALBRAITH, A W
Real Property Management
670822
Mr. Richard K. Bush Ryan, Carlson, Bush, Swanson & Hendel, Lawyers
545 Henry Building Seattle, Washington 98101
Dear Mr. Bush:
We have considered your 670809, letter and the sworn statement of
James E. Duree furnished in further support of the petition of Mrs.
Clara Louise Wain Konkler and Mr. Claude Wain for reconsideration of
title status to Quinault Allotment No. 435, Joseph Wain (Wing),
deceased.
The decision of 660611, when this office advised the Examiner of
Inheritance that it found no basis for approval of the quit claim deeds,
remains unchanged. The facts upon which the decision to deny was based
remain unaltered and unaffected by the additional documentation which
you have provided.
The petitioners may appeal from our decision to the Commissioner of
Indian Affairs in accordance with the appeal procedures as they are
outlined in Code of Federal Regulations, Title 25, Part 2, Sub-part B.
If such appeal is taken, it should be transmitted through this office
for our referral to the Commissioner, and must reach us within 20 days
from date of this letter.
Sincerely yours, (Sgd) A. W. Galbraith
cc: Commsr. of Indian Affairs; Attn. Real Prop. Mgmt. Assistant
Area Director Mr. R.J. Montgomery, Examiner of Inheritance, Portland
(7-2) Regional Solicitor's Office; Attn: Mr. Jourolmon: Portland
(7-1) Superintendent, Western Washington Agency; Attn: Real Prop.
Mgmt. Mr. Claude Wain, P.O. Box 964, South Bend, Washington 98586 Mrs.
Clara Louise Wain Konkler, 16345 Simonds Rd. NE, Bothell, Wn. 98011
Branch subject 1. Pending Commsr.
2. 350 Estates
Yellow chrony
VLundeen:lkn:ja 670821
HEL-009-0937-0937
HEL-009-0929-1015
BUSH, R K RYAN, CARLSON, BUSH
671013
CORRESPONDENCE
PAO
RECEIVED
651026
Form 5-388
530700 45136
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Regular Mail
For Information
To Commissioner Washington D. C.
FOR ATTENTION OF: Mr. Saltmarsh - Real Property Management
FROM PORTLAND AREA OFFICE
DATE: 671013
SUBJECT Pursuant to your telephonic request of 001010 for additional
information regarding the Wain case, enclosed are copies of Form 5-105
"Application for Patent in Fee or for the Sale of Indian Land" and
"Grantor's Agreement to Sale."
Enclosures
Form No. 5-10
550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land
Allottee Joseph Wain No. 435 Reservation Quin
610620
Gift to my Brother Charles illegible line
Application is hereby made for (patent-in-fee) (supervisor sale)# for
the following described land: N/2NW/4 Sec 28 illegible T. 21N., 1C12W,
W illegible containing 80 acres, more or less.
In justification of this application, true statements are made to the
following items (item 15 only is applicable for the sale of inherited
lands in multiple ownership):
1. Age 57
2. Date of Birth 040506
3. Degree of Indian Blood Full
4. Single
5. Education: Years in elementary school 5 High School College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Wife Ella V.
7. I am enrolled as a Quinault Indian
8. Permanent address 233 Peters-Pt Raymond Wm.
9. The amount of my annual income is $ none
#Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: Trust
Property
11. If receiving public assistance grants from the State or general
assistance from the Bureau of Indian Affairs, or funds from the Veterans
Administration, Social Security, or any regular public benefit, state
kind and amount. (If none, state none.)
12. If indebted to the United States, state amount and purpose of
indebtedness. (If not, state none.) none
13. I do (do not)# live on or make personal use of the land covered
by this application.
14. The land is leased and the annual rent received is $ (If not
leased, state none.) none
15. a. I intend to use the land for the following purposes after
receiving a patent in fee which becomes taxable from date of insurance:
b. I intend to use the proceeds of sale for the following purposes:
I (We)# authorized the sale of the labd heretofore described and
hereby accept the highest bid thereon provided it is not inconsistent
with the present fair market value as indicated by the appraisal. It is
agreed that rental payment (crop or cash)# will accrue to the purchase,
effective as of the beginning of the next annual lease period and that
all advance rental payments collected shall deducted from the purchase
price.
#Strike our words not applicable.
Form No. 5-105
550500
It is also agreed that the proceeds arising from the sale of this
land may be disposed of in accordance with regulations prescribed by the
Secretary of the Interior.
Claude Wain Claude
Subscribed and sworn before me this 000026 day of 000400 610000. I
hereby certify that the effect of this application was explained to and
fully understood by the applicants and the application is hereby
approved.
Grun E. Dunn Notary Public Title
Notary Public in and for the State of Washington, residing at
Raymond.
APPLICATION APPROVED
W. J. DeCalle ACTING Superintendent
611017
Form No. 5-10
550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land
Allottee Joseph Wain No. 435 Reservation Quin
610620
Gift to my father-brother Charles Wain my undivided 1/3 interest in
the
Application is hereby made for (patent-in-fee) (supervised-sale)# for
the following described land: N/2 NW/4 Sec 28, T. 21 N., R 12 W, W.M.
containing 80 acres, more or less.
In justification of this application, true statements are made to the
following items (item 15 only is applicable for the sale of inherited
lands in multiple ownership):
1. Age 24
2. Date of Birth 370423
3. Degree of Indian Blood 1/2
4. Single Married (strike out one)
5. Education: Years in elementary school High School College 2
6. The following persons are dependent upon me for support (Give
names, ages and relationship) NONE
7. I am enrolled as a QUINAULT Indian
8. Permanent address 16345 SIMONDS RD N.E., BOTHELL, WASHINGTON
9. The amount of my annual income is $3,100
#Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: EMPLOYED AT
THE BOEING COMPANY
11. If receiving public assistance grants from the State or general
assistance from the Bureau of Indian Affairs, or funds from the Veterans
Administration, Social Security, or any regular public benefit, state
kind and amount. (If none, state none.) NONE
12. If indebted to the United States, state amount and purpose of
indebtedness. (If not, state none.) NONE
13. I do live on or make personal use of the land covered by this
application.
14. The land is leased and the annual rent received is $ NONE (If
not leased, state none.)
15. a. I intend to use the land for the following purposes after
receiving a patent in fee which becomes taxable from date of issuance:
b. I intend to use the proceeds of sale for the following purposes:
I authorize the sale of the land heretofore described and hereby
accept the highest bid thereon provided it is not inconsistent with the
present fair market value as indicated by the appraisal. It is agreed
that rental payment (crop or cash) #will accrue to the purchaser,
effective as of the beginning of the next annual lease period and that
all advance rental payments collected shall be deducted from the
purchase price.
#Strike out words not applicable.
Form No. 5-105
550500
It is also agreed that the proceeds arising from the sale of this
land may be disposed of in accordance with regulations prescribed by the
Secretary of the Interior.
(ILLEGIBLE)
Clara
Subscribed and sworn before me this (ILLEGIBLE) I hereby certigy that
the effect of this application was explained to and fully understood by
the applicants and the application is hereby approved.
(ILLEGIBLE)
Title
Notary Public in and for the State of Washington, residing at Raymond
APPLICATION APPROVED
(ILLEGIBLE)
Superintendent
611017
ILLEGIBLE
ILLEGIBLE
ILLEGIBLE
I, Clara Louise Wain, a member of the Quinault Tribe reciding off the
incorvation do hereby agree to the sale of my interest in Allotment No.
Q.435 extending land described as; N1/2NW1/4 Sec. 28, T. 21 N., R. 12
W., Williamette Meridian, Washington containing 80.00 acres, to Charles
Wain, Jr. for a consideration of One Dollar ($1.00), Love and Affection
rather than the appraised value of the land which amounts to Eight
hundred and no/100 ($800.00)
The reason I agree to accept an amount less than the appraised value
is as follows: To consolidate ownership as I have no further use for my
1/3 interest in the property.
The appraised value of the above described land has been carefully
and throughly explained to me and I am fully aware thereof, but
nevertheless desire to sell for less than the appraised value for the
reasons set forth above.
This agreement entered into this 610624.
WITNESSES:
Clara Louise Wain
ILLEGIBLE Raymond, wash.
HEL-009-0938-0946
HEL-009-0929-1015
COMM BIA WASH DC
670919
CORRESPONDENCE
NEELY, C R
670919
Assistant Area Director, Economic Development, Bureau of Indian
Affairs
Office of the Regional Solicitor, Portland
In the Matter of the Estate of Charles Wain, Jr., Quinault No. 865,
Western Washington Agency
We are in receipt of the petition of appeal to the Commissioner of
Indian Affairs in the above matter from the decision of the Acting Area
Director affirming the refusal of the Realty Office to recognize the
appellant's title and interest in the allotment of Joseph Wain, Quinault
No. 435. You should be aware that an appeal from the order of the
Examiner of Inheritance has been filed in the Charles Wain, Jr., estate.
A copy of the Notice of Appeal is herewith enclosed and should be made
a part of the assembly for the Commissioner of Indian Affairs.
The appeal which has been filed in this office is presently pending,
and we shall advise you when a decision has been made.
For the Regional Solicitor
C. Richard Neely Acting Assistant Regional Solicitor
Enclosure
CRN:dwj
APPEALS DIVISION OFFICE OF THE REGIONAL SOLICITOR UNITED STATES
DEPARTMENT OF THE INTERIOR POST OFFICE BOX 3621 PORTLAND, OREGON 97208
NOTICE OF APPEAL FROM ORDER OF EXAMINER OF INHERITANCE DENYING
PETITION FOR REHEARING
In the Matter of the Estate of:
CHARLES WAIN, JR., Quinaielt No. 865 of the Western Washington Indian
Agency, Everett, Washington
COME NOW CLAUDE WAIN and CLARA WAIN KONKLER, brother and niece,
respectively, of the above-named deceased, and respectfully give Notice
of Appeal from the Order of the Examiner of Inheritance dated 670314,
denying their Petition for Rehearing of the Order Approving Will entered
670112.
The reasons for this appeal are the following:
1. The Examiner of Inheritance erred in his findings on page 4 of
the Order Approving Will that -
"All of the allotment of Joseph Wain (Wing) Quinaielt No. 435,
described as N/2 NW/4 28-21N-12WWM, in Washington, containing 80 acres"
is within the decedent's trust estate.
2. Appellants were not adequately informed and advised before or
during the Hearing by the Examiner of Inheritance that evidence of the
status of title of said property described in paragraph 1 would not be
considered at the Hearing and that the matter of the Appellants'
interest in the property was "outside the scope of the probate authority
vested in this office."
3. Appellants are concurrently herewith filing a petition with the
Bureau of Indian Affairs, Realty Office, Portland, Oregon, requesting
reconsideration of its refusal to approve certain Quitclaim Deeds, dated
610626, from the decedent to the Appellants, or, in the alternative, to
set aside certain Gift Deeds by the Appellants to the decedent of their
interests in the subject property.
4. Should the Order Approving Will entered on 670112, become final
pending reconsideration by the Bureau of Indian Affairs of the status of
title to the real property described in paragraph 1 above, the United
States, the Appellants and other interested parties may be put to
further expense, inconvenience and possibly be irreparably damaged
thereby.
5. A copy of the Petition For Reconsideration filed with the Realty
Office, Bureau of Indian Affairs, Portland, Oregon, is attached hereto.
WHEREFORE, Appellants respectfully request that the Order Denying
Petition For Rehearing be reversed, and that the Order Approving Will be
suspended or held in abeyance until such time as a final determination
shall be made respecting the status of title of the real property
described in Paragraph 1 hereof.
Richard K. Bush Attorney For Appellants
STATE OF WASHINGTON COUNTY OF KING
RICHARD K. BUSH, being first duly sworn, on oath deposes and says:
That he is the attorney for Appellants Claude Wain and Clara Wain
Konkler and is acting pursuant to Power of Attorney dated 670510; that
he has read the above Notice of Appeal, knows the contents thereof, and
believes the same to be true; that this
Notice of Appeal is made in good faith.
Richard K. Bush
SUBSCRIBED AND SWORN TO before me this 670511.
DOLORES ERDMAN
Notary Public in and for the State of Washington, residing at
Seattle.
My Commission expires: 680716.
CERTIFICATION
I hereby certify that I have furnished a copy of this Notice of
Appeal to the Examiner of Inheritance and to all parties who share in
the estate under the decision of the Examiner, including the following
named persons:
Western Washington Indian Agency, Everett, Washington (Probate & IIM
Divisions)
Mr. Claude Wain, PO Box 964, South Bend, Washington
Mrs. Ethel Esther Pope Walkowsky, Star Rt., Box 108, Aberdeen, Wash.
Mrs. June McNamara Wain, 8951 San Fernando Road, Sun Valley, Calif.
Mr. Douglas P. Petit, 5405 Douglas Drive, Yakima, Washington
Mr. James Beaty Petit, Kodiak, Alaska
Mr. Norris A. Petit, Box 811, South Bend, Washington
Mrs. Clara Louise Waine Konkler, 16345 Simonds Road, N.E., Bothell,
Wash.
Mr. William E. Love, Attorney at Law, 1408 Standard Plaza, Portland,
Oregon 97204
Mr. James E. Duree, Attorney at Law, PO Box 552, Raymond, Washington
98577
Mr. Andrew J. Petit, 8821 - 27th Avenue N.W., Seattle, Washington
The Murphy Mortuary, 315 Fifth Street, Raymond, Washington Department
of Charities, County of Los Angeles, Bureau of Resources and Collection,
Box 3191, Terminal Annex, Los Angeles, California Wilson Oyster Farms,
South Bend, Washington.
Dated this 670511
Richard K. Bush
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That we, CLAUDE WAIN and CLARA WAIN
KONKLER, of South Bend, Washington and Bothell, Washington,
respectively, do appoint Richard K. Bush of Seattle, Washington, and
John Iverson of Seattle, Washington, and each of them acting alone, our
true and lawful attorneys for us and in our name and stead to secure
information from any department or agency of the Federal Government and
more specifically the Bureau of Indian Affairs with respect to
restricted or trust property located upon the Quinault Indian
Reservation in which we now or heretofore have had an interest,
including specifically authority to act for us in In The Matter of the
Estate of Charles Wain, Jr., Quinault No. 865, giving and granting unto
our said attorneys and each of them full power and authority to do and
perform all and every act and thing whatsoever requisite or proper to be
done in and about the premises as fully to all intents and purposes as
we, or either of us, might or could do if personally present, hereby
ratifying and confirming all that our said attorneys shall lawfully do
or cause to be done by virtue hereof.
The undersigned do hereby revoke any Power of Attorney presently
filed with the Bureau of Indian Affairs and in particular the Power of
Attorney granted heretofore to James E. Duree, Attorney at Law, Box 552,
Raymond, Washington 98577.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
670510.
Claude Wain
Claude Wain
Clara Wain Konkler Clara Wain Konkler
Witnesses:
ILLEGIBLE
Richard K. Bush
STATE OF WASHINGTON ss. COUNTY OF KING
I do hereby certify that on this 670510, personally appeared before
me CLAUDE WAIN and CLARA WAIN KONKLER, to me known to be the individuals
described in and who executed the within instrument and acknowledged
that they signed and sealed the same as their free and voluntary act and
deed for the uses and purposes herein mentioned.
Given under my hand and official seal this 670510
Richard K. Bush
Notary Public in and for the State of Washington, residing at
Seattle.
HEL-009-0947-0951
HEL-009-0929-1015
ASST AREA DIR BIA
670511
CORRESPONDENCE
BUSH, R K RYAN, CARLSON, BUSH
RYAN SKREN, CARLSON, BUSH & SWANSON LAWYERS
WHITE HENRY STUART BUILDING
SEATTLE
MAIN 2 1363
670511
Realty Section Portland Regional Office Bureau of Indian Affairs
United States Department of the Interior Post Office Box 3621 Portland,
Oregon 97208
Re: Quinaielt Allotment No. 562 - Status of Title.
Gentlemen:
The undersigned has been employed by Mr. Claude Wain and his
daughter, Clara Louise Wain Konkler, as their attorney for the purpose
of petitioning for a reconsideration of your determination regarding the
status of title in the following property:
"All of the allotment of Joseph Wain (Wing) Quinaielt No. 435,
described as N/2 NW/4 28-21N- 12WWM, in Washington, containing 30
acres."
A copy of the Power of Attorney executed by Claude Wain and Clara
Wain Knokler, dated 670510, is enclosed.
We were first contacted by Mr. Wain and Mrs. Knokler yesterday
afternoon, 670510, and thus have not been able to make a full,
independent investigation of the facts concerning this matter. However,
because the sixty-day period in which these clients may appeal from an
Order Denying Petition For Rehearing entered 670314 in the probate
proceeding entitled "In the Matter of the Estate of Charles Wain, Jr.,
Quinaielt No. 865 of the Western Washington Indian Agency, Everett,
Washington" will expire 670514, it has been necessary to act before all
of the facts are confirmed in order to preserve the status quo.
PAGE TWO Bureau of Indian Affairs Realty Section
670411
We have secured the following facts from the Order Approving Will in
the above-described probate and/or from our clients:
1. Both Claude Wain and his daughter, Clara Wain Konkler, are
Indians.
2. On some date prior to 610626, Joseph Wain (Wing), Quinaielt No.
435, died leaving a will under which Claude Wain, Clara Wain Konkler and
Charles Wain, Jr. were devisees of undivided 1/3 interests in the Joseph
Wain (Wing) Allotment, Quinaielt No. 435, described above. (The will of
Joseph Wain (Wing) was probated in the Office of the Examiner of
Inheritance and the undivided 1/3 interests were distributed to the
three beneficiaries.)
3. Although said Quinaielt Allotment No. 435 had been logged some
years earlier, a small amount of merchantable timber remained in 1961.
The owners wished to liquidate it and discussed the matter with Mr. Don
Clark, who was in charge of the Hoquiam Sub-Agency in 610600. They were
told that the most expeditious and economic way to accomplish this
desire to liquidate the timber would be to eliminate the fractional
ownership of record, place 100% record ownership in one of the three
owners and have him contract or arrange for the logging, with the
understanding that the proceeds would be divided between the three.
Following completion of the logging, reconveyances of the undivided
one-third interests could be recorded.
4. Following this suggestion, Mr. Claude Wain and Mrs. Clara Louise
Wain Konkler executed Gift Deeds on Indian Service forms in favor of Mr.
Charles Wain, Jr., and Charles Wain, Jr. executed Quit Claim Deeds
reconveying undivided one-third interests back to Claude Wain and Clara
Louise Wain Konkler on 610626. These deeds were executed and delivered
in the office of Mr. James E. Durce, Attorney at Law, Box 552, Raymond,
Washington. Bureau of Indian Affairs Realty Section
670511
5. The Gift Deeds in favor of Charles Wain, Jr., were recorded and
approved by the Bureau of Indian Affairs. The Quit Claim Deeds back
were not recorded but were delivered by Charles Wain, Jr. to their
Grantees, Claude Wain and Clara Louise Wain Konkler.
6. All of the individuals involved, to-wit, Charles Wain, Jr.,
Claude Wain, Clara Louise Wain Konkler, James E. Duree (Attorney) and
Don Clark (Bureau of Indian Affairs) knew, understood and intended that
the Gift Deeds were to be no more than deeds in trust. No consideration
was paid therefor and the Quit Claim Deeds provide clear evidence of
their character.
7. Charles Wain, Jr. died before the Quit Claim Deeds were recorded
or approved by the Bureau of Indian Affairs for recording.
8. Sometime prior to 660711, the Bureau of Indian Affairs
disapproved the Quit Claim Deeds and apparently returned them with a
memorandum to our clients. These documents were produced and are filed
in the Charles Wain, Jr. probate proceeding. The undersigned has not
had an opportunity to examine either the deeds or the memorandum.
9. The subject real property is inventoried in the Estate of Charles
Wain, Jr., and pursuant to the Order Approving Will will be distributed
in its entirety to three unallotted Quinaielt Indians, unrelated to
Charles Wain, Jr., pursuant to the Will which has been admitted to
probate, unless the equitable interests of Claude Wain and Clara Louise
Wain Konkler are recognized and given effect.
Upon receipt of notice that this matter will be reconsidered, the
undersigned will secure and forward for your examination and
consideration the following documents:
(1) Originals (or copies if the originals are not available to us) of
the Gift Deeds to Charles Wain, Jr. and the Quit Claim Deeds back to
Claude Wain and Clara Louise Wain Konkler.
(2) Sworn statements of James E. Duree and Don Clark reciting the
circumstances and conditions under which the deeds were executed and
delivered.
(3) Sworn statements of Claude Wain and Clara Louise Wain Konkler
respecting the circumstances and conditions under which the deeds were
executed and delivered.
We respectfully request that the action taken by your office on
660711 be reconsidered in the light of the foregoing and, in the
alternative,
(1) that the Quit Claim Deeds dated 610626 be approved and duly
recorded by the Bureau of Indian Affairs; or
(2) that the Gift Deeds be set aside or construed to be conveyances
in trust only for the grantors.
Otherwise, in our opinion, a substantial inequity will occur.
Thank you for your careful review of this matter.
Very truly yours,
RICHARD K. BUSH
RKB:de
Encl.
File No. 4002
Year 670000
Agency or Office Western Washington
Subject No. 311
CHARGED TO Shirley M Crosby
DATE CHARGED 680325
CHARGED BY ILLEGIBLE
530400
INDIAN WILL UNDER THE ACT OF 100625 (36 STAT. 855-856) AS AMENDED BY
THE ACT OF 130214 (37 STAT. 676)_
LAST WILL AND TESTAMENT
OF
Charles Wain Jr. Allottee No. Q-865 Age 44
I, Charles Wain Jr. of the Quinault Tribe, of the State of
Washington, being of sound and disposing mind, realizing the uncertainty
of human life, do make this my Last Will and Testament hereby revoking
all former wills by me made, in manner and form following, that is to
say:
FIRST. I desire that all my legal debts be paid, including the
expenses of my last illness, funeral, and burial.
SECOND. I give, devise, and bequeath to my brother, Claude Wain, the
sum of Ten Dollars.
THIRD. I give, devise, and bequeath to Esther Pope Walkowski, my
niece, the sum of Ten Dollars.
FOURTH. I give, devise, and bequeath to Douglas Paul Petit, James
Beaty Petit, and Norris Adren Petit, share and share alike, all my
property, real, personal, and mixed, of whatsoever kind and nature,
wheresoever situated. The persons above mentioned are members of the
Quinault Tribe. Douglas Paul Petit, James Beaty Petit, and Norris Adren
Petit are the sons of my good friend, Norris Petit.
STATE OF WASHINGTON
SS. County of SMOHOMISH
AFFIDAVIT TO ACCOMPANY INDIAN WILL
I, Charles Wain Jr., being first duly sworn, on oath, depose and say:
That I am an enrolled member of the Quinault Tribe of Indians in the
State of Washington; that on the 591022, I requested C. P. Mathes to
prepare a will for me; that the attached will was prepared and I
requested C. P. Mathes and Earl E. Allen to act as witnesses thereto;
that the said witnesses heard me publish and declare the same to be my
last will and testament; that I signed said will in the presence of
both witnesses and they signed the same as witnesses in my presence and
in the presence of each other; and that said will was read and
explained to me (or read by me), after being prepared and before I
signed it; and it clearly and accurately expresses my wishes; and I
further state that no person has influenced me to make disposition of
any part of my property in any other manner than I myself of my own free
will desire and wish to dispose of it. (#)
Charles Wain Jr.
Charles Wain Jr.
Allottee No. 0.865
We, C. P. Mathes and Earl E. Allen, each being first duly sworn, on
oath depose and state: That on the 591022, Charles Wain Jr., a member
of the Quinault Tribe of Indians of the State of Washington, published
and declared the attached instrument to be his last will and testament,
signed the same in the presence of both of us and requested both of us
to sign the same as witnesses; that we, in compliance with his request,
signed the same as witnesses in his presence and in the presence of each
other; that said testator was not acting under duress, menace, fraud or
undue influence of any person, so far as we could ascertain and in our
opinion was mentally capable of disposing of all his estate by will:
and that neither of us is named as a beneficiary in said will or in any
wise interested in the distribution of the estate of said testator.
C. P. Mathes
Earl E. Allen
(#) At this point should be inserted the tribe and allotment or other
identifying numbers of the devisees and beneficiaries and their
relationship to the testator or testatrix (unless this information is
shown in the body of the will), and the testator's or testatrix's
reasons for making the devises, particularly when the immediate
relatives are given little or none of of the estate.
I give, devise, and bequeath all of the rest of my estate, real,
personal, and mixed, to: Douglas Paul Petit, James Beaty Petit, and
Norris Adren Petit, share and share alike.
In wilness whereof, I, Charles Wain Jr., have hereunto set my hand,
sealed, published, and declared this to be my Last Will and Testament,
this 000022 day of 001000, in the year of our Lord 590000.
Witnesses:
C. P. Mathes C. P. Mathes
Charles Wain Jr. (L. S.) Charles Wain Jr.
Residing at Everett, Washington
Earl E Allen Earl E. Allen
Residing at Marysville, Washington
The foregoing instrument of writing was here and now signed by
Charles Wain Jr. in our presence, and at his request and in the presence
of each other we have signed as witnesses and he has published and
declared this to be his Last Will and Testament.
C. P. Mathes C. P. Mathes
Residing at Everett, Washington
Earl E. Allen Earl E. Allen
Residing at Marysville, Washington
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE EXAMINER OF
INHERITANCE
Pursuant to the provisions of the Act of 130214 (37 Stat. 678), and
the provisions of 25 CFR15, the within will is hereby APPROVED in
accordance with the Order of even date herewith.
Done at the City of PORTLAND, OREGON
R. J. Montgomery Examiner of Inheritance.
INSTRUCTIONS TO FIELD OFFICERS
1. The testator may sign by thumb mark. The witnesses must be able
to write, and should not be interested as heirs or devisees.
2. Inquire carefully into the immediate family of testator. If a
husband, wife, child or grandchild who is an heir is given nothing, the
reason must be set out.
3. Witnesses and testator must sign in the presence of each other.
Read the will carefully to testator and be sure that he understands it
and that it expresses his wishes.
4. Whenever possible, include the name, allotment number, if any,
age, residence, tribe, and relationship of each devisee, specific
description of lands devised, and in case of inherited interests the
name an dallotment number of original allottee and interest of testator
therein.
5. Explain fully to testator that fractional interests are of little
or no value to a devisee if further divided, and that the entire
interest in a specific piece of land is much more valuable than a
fractional interest. The testator does not have to give the residue to
"my heirs at law," he can give the residue to one person if he wishes.
If he gives the residue to one person it prevents further divisions; if
he gives it to several persons or to his "heirs at law" a further
division takes place. He may also give all his estate or the residue to
the Tribe (naming it) if he wishes.
I, C. P. Mathes, being first duly sworn, on oath depose and say:
That I am employed as Supervisor, Acc. & Disp. at Western Washington
Agency in the State of Washington; that on the 000022, day of 001000,
590000, Charles WAin, Jr. an enrolled member of the Quinault Tribe of
Indians in the State of Washington requested me to prepare his last will
and testament; that I prepared the attached will and read (or had read
by the interpreter) said will to testator and he then stated that said
instrument was drawn in accordance with his own wishes as previously
stated to me; that said testator was not, so far as I could ascertain,
acting under duress, menace, fraud or undue influence of any person, and
in my opinion was mentally capable of disposing of his estate by will;
that he signed the same and published and declared it to be his last
will and testament before C. P. Mathes and Earl E. Allen, whom he
requested to act as witnesses thereto; that there were present in the
room with the testator at said time besides myself and the above named
witnesses, the following named persons:
C. P. Mathes C. P. Mathes
Subscribed and sworn to before me this 591022, by C. P. Mathes, Earl
E. Allen, and.
W. J. DeCelle ACTING Superintendent
(Title)
HEL-009-0952-0960
HEL-009-0929-1015
BIA PORTLAND
660616
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
UNITED STATES GOVERNMENT
MEMORANDUM
DATE: 660616
TO: Area Office, Bureau of Indian Affairs (Branch of Realty),
Portland, Oregon
FROM: Examiner of Inheritance, Portland
SUBJECT: Estate of Charles Wain, Jr., Quinaielt No. 865. (2
quitclaim Deeds Attached)
A hearing was held by me in subject estate 660603, here in Portland.
Decedent made a will, leaving his entire estate to Douglas Paul
Petit, James Beatty Petit and Norris Adren Petit, Quinaielt Indians, but
not related to the decedent. The will appears to be valid, as it was
made in the Western Washington Indian Agency and witnessed by Mr. Earl
E. Allen and Mr. Charles Mathes, both of whom were present at the
hearing and testified.
Decedent's heirs at law, if he did not make a will, would have been
Mr. Claude Wain, brother, Box 964, South Bend, Washington, and a neice,
Ethel Esther Pope Walkowsky, Star Rt. Box 108, Aberdeen, Washington.
Claude Wain was present at the hearing and testified. He was
represented by Mr. James E. Duree, Attorney at Law, PO Box 552, Raymond,
Washington 98577. Mrs. Walkowsky did not attend, although she was
notified.
While Claude Wain objects to the approval of the will, yet, his main
concern seems to be about the allotment of Joseph Wain (Wing), Quinaielt
No. 435, described as N/2 NW/4 28-21N-12 WM, in Washington, containing
80 acres. Charles Wain, Jr. got 1/3 by will, then 1/3 from Claude Wain
by deed, and 1/3 by deed from Clara Louise Wain; thereby giving him the
entire allotment, as shown on the inventory filed with the probate.
There are filed with the record 2 quit-claim deeds, both dated
610626, signed by Charles Wain, Jr., whereby he conveys 1/3 interest in
the above allotment back to Claud Wain, and another 1/3 back to Clara
Louise Wain. Apparently, no action has been taken by the Department on
these quit-claim deeds.
Claude Wain contends that he and Clara Louise deeded their 2/3
interest in the allotment to Charles Wain, Jr., to alleviate the timber
sale, in that one heir could handle the transaction better than 3; and
that Charles Wain, Jr., was merely a trustee of the 2/3 interest of
Claude Wain and Clara Louise Wain; that it was the agreement that upon
the completion of the transaction, Charles Wain, Jr., was to deed these
interests back to Claud and Clara, which he did by the enclosed
quit-claim deeds.
Would you therefore, take action on the enclosed quit-claim deeds and
advise this office of same so that we may continue with the probate.
R. J. Montgomery
Enc'l. Copy to Western Wash. Agency (Realty).
Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan
860711
R. J. Montgomery, Examiner of Inheritance
Bureau of Indian Affairs
(Real Property Management)
Estate of Charles Wain, Jr., Quinault Allotment 865
Enclosed are two quitclaim deeds dated 610626, executed by Charles
Wain, Jr., in favor of Claud Wain and Clara Louise Wain, purporting to
convey interests in trust lands.
The instruments were submitted with your memorandum of 660616,
requesting action prior to probate of the trust estate of Mr. Charles
Wain, Jr., deceased.
We find no basis for approval of the two quitclaim deeds. The deeds
are returned for such disposition as you deem appropriate.
(Sgd) A. W. Galbraith
Assistant Area Director
Enclosures
cc: Western Washington Agency Branch subject - 003 Examiner of
Inheritance Yellow chrony
LLemary:lkn 7-11-66
Quit Claim Deed
THE GRANTOR Charles Wain, Jr. for and in consideration of one Dollar
and other considerations convey and quit claim to Claud Wain the
following described real estate, situated in the County of State of
Washington, together with all after acquired title of the grantor(s)
therein:
An undivided 1/3 interest in N1/2 NW 1/4, Section 28, T, 21 N., Range
12W, W.M., State of Washington containing 80 acres, more or less
Dated this day of 610626
Charles Wain Jr. (SEAL)
STATE OF WASHINGTON,
SS. County of (illegible)
On this day personally appeared before me Charles Wain Jr. to me
known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his
free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this 610626
Illegible
Notary Public in and for the State of Washington, residing at
Quit Claim Deed
THE GRANTOR Charles Wain, Jr., for and in consideration of one Dollar
and other consideration convey and quit claim to Clara Louise Wain the
following described real estate, situated in the County of State of
Washington, together with all after acquired title of the grantor(s)
therein:
An undivided 1/3 interest in "N1/2 NW 1/4, Section 28, T. 21 N.,
Range 12 W. W. M., State of Washington containing 80 acres, more or
less.
Dated this day of 610626
Charles Wain Jr. (SEAL)
STATE OF WASHINGTON,
SS. County of (illegible)
On this day personally appeared before me Charles Wain Jr. to me
known to be the individual described in and who executed the within and
foregoing instrument, and acknowleded that he signed the same as his
free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this day of 610626
Illegible Line
Notary Public in and for the State of Washington, residing at
HEL-009-0961-0964
HEL-009-0929-1015
BIA PORTLAND
670911
CORRESPONDENCE
BUSH, R K RYAN, CARLSON, BUSH
RYAN, CARLSON, BUSH SWANSON & HENDEL LAWYERS WHITE-HENRY-STUART
BUILDING
SEATTLE, WASHINGTON 98101 AREA CODE 206 MAIN 2-1363
670911
JOHN E. RYAN, JR.
WILLIAM D. ASKREN (1964)
LAURANCE S. CARLSON
RICHARD K. BUSH
RAYMOND C. SWANSON
DANIEL C. BLOW
DOUGLAS R. HENDEL
RICHARD L. CLEVELAND
RICHARD J. HOWARD
DALE E. KREMER
EBEN B. CARLSON
MICHAEL R. RAYTON
JACK C. ALHADEFF
JOHN E. IVERSON
Mr. A. W. Galbrith Assistant Area Director Bureau of Indian Affairs
Department of the Interior Post Office Box 3785 Portland, Oregon 97208
Attention: Real Property Management
Re: Appeal of Claude Wain and Clara Louise Wain Konkler to
Commissioner of Indian Affairs from Decision Respecting Title Status of
Quinault Allotment No. 435, Joseph Wain (Wing), Deceased.
Dear Mr. Galbraith:
Enclosed is the Notice of Appeal of Claude Wain and Clara Louise Wain
Konkler in the above matter.
We did not receive your letter dated 670822, until Monday, 000828.
On that date we forwarded your letter to the appellants with request for
their instructions respecting further appeal. I did not receive those
instructions until Monday, 000911. Thus, the enclosed Notice of Appeal
is received by you two days later than the time specified in your
letter, but within fifteen days from the date of our receipt of your
letter.
We hope that you will accept this Appeal as being timely made in the
light of the above. Further, we are convinced that the equities in this
matter lie with the appellants and that the facts and our contentions
with respect to them should be reviewed by the Commissioner.
Thank you for your courtesies and cooperation.
Very truly yours, Richard K. Bush Richard K. Bush
RKB:mp.
Enc.
APPEALS DIVISION BUREAU OF INDIAN AFFAIRS UNITED STATES DEPARTMENT OF
THE INTERIOR POST OFFICE BOX 3621 PORTLAND, OREGON 97208
In the Matter of the Estate of:
CHARLES WAIN, JR., Quinaielt No. 865 of the Western Washington Indian
Agency, Everett, Washington
NOTICE OF APPEAL TO COMMISSIONER OF INDIAN AFFAIRS FROM DECISION OF
ACTING AREA DIRECTOR, PORTLAND AREA OFFICE, AFFIRMING ORDER OF EXAMINER
OF INHERITANCE
COME NOW CLAUDE WAIN and CLARA WAIN KONKLER, brother and niece,
respectively, of the above-named deceased, and respectfully appeal to
the COMMISSIONER OF INDIAN AFFAIRS from the 670822, decision of the
Acting Area Director, Portland Area Office, affirming the refusal of the
Realty Office, Portland Area Office, to recognize the appellants' title
and interest in the allotment of Joseph Wain (Wing), Quinaielt No. 435,
and affirming the Order of the Examiner of Inheritance dated 670112.
The grounds and reasons for this appeal are the following:
1. The Examiner of Inheritance erred in his finding on page 4 of the
Order Approving Will that -
"All of the allotment of Joseph Wain (Wing) Quinaielt No. 435,
described as N/2 NW/4 28-21N-12WWM, in Washington, containing 80 acres"
is within the decedent's trust estate.
2. The Bureau of Indian Affairs, Realty Office, Portland, Oregon,
erred in its refusal to approve and accept for filing certain Quitclaim
Deeds dated 610626, executed by Charles Wain, Jr. above deceased,
conveying to each of the appellants an undivided one-third interest in
the allotment of Joseph Wain (Wing), as described in 1 above, or, in the
alternative, to treat previous conveyances to said Charles Wain, Jr., of
said undivided one-third interest by each of the appellants as
conveyances in trust for the appellants' use and benefit.
3. A statement of the facts upon which the appellants rely is set
forth in the letter of Richard K. Bush, attorney for appellants, dated
670809, addressed to Mr. A. W. Galbraith, Assistant Area Director,
Portland Area Office. A copy of this letter, together with the 670724,
affidavit of James E. Duree, attorney for the appellants and Charles
Wain, Jr., Deceased, in 610000, and the Statement of Don W. Clark,
Forest Manager, Western Washington Agency, are attached hereto as
Exhibit A and made a part hereof.
WHEREFORE, appellants respectfully request:
a. That the Order Approving Will entered on 670112, by the Examiner
of Inheritance be reversed insofar as if finds that -
"All of the allotment of Joseph Wain (Wing) Quinaielt No. 435,
described as N/2 NW/4, 28-21N-12WWM, in Washington, containing 80 acres"
is within the decedent's trust estate;
b. That the conveyances executed on 610620, by Claude Wain and Clara
Louise Wain conveying their interets in the allotment of Joseph Wain
(Wing), Quinaielt No. 435, described as
N/2 NW/4, 28-21N-12WWM, Grays Harbor County, Washington, be
recognized and given effect as conveyances in trust only;
c. That the Quitclaim Deeds, dated 610626, executed by Charles Wain,
Jr., reconveying the interests conveyed in trust on 610620, be accepted
and approved for filing by the Bureau of Indian Affairs, Realty Office,
Portland, Oregon;
d. That such other relief be granted to appellants as shall be
necessary to secure equitable relief herein.
Richard K. Bush Attorney for Appellants
ss.
STATE OF WASHINGTON COUNTY OF KING
RICHARD K. BUSH, being first duly sworn, on oath deposes and says:
That he is the attorney for appellants Claude Wain and Clara Wain
Konkler and is acting pursuant to Power of Attorney dated 670510; that
he has read the above Notice of Appeal, knows the contents thereof, and
believes the same to be true; that this Notice of Appeal is made in
good faith.
Richard K. Bush Richard K. Bush
SUBSCRIBED AND SWORN to before me this 670911
Jeanne F. Cameron Notary Public in and for the State of Washington,
residing at Seattle.
My Commission expires: 710929
CERTIFICATION
I hereby certify that I have furnished a copy of this Notice of
Appeal to all parties who share in the estate under the decision of the
Examiner, including the following-named persons:
Western Washington Indian Agency, Everett, Washington. Probate & IIM
Divisions)
Mr. Claude Wain, P. O. Box 964, South Bend, Washington. Mrs. Ethel
Esther Pope Walkowsky, Star Rt., Box 108, Aberdeen Wash, Mrs. June
McNamara Wain, 8951 San Fernando Road, Sun Valley, Calif. Mr. Douglas
P. Petit, 5405 Douglas Drive, Yakima, Washington. Mr. James Beaty
Petit, Kodiak, Alaska. Mr. Norris A. Petit, Box 811, South Bend,
Washington. Mrs. Clara Louise Waine Konkler, 16345 Simonds Road
Northeast, Bothell, Washington. Mr. William E. Love, Attorney at Law,
1408 Standard Plaza, Portland, Oregon 97204. Mr. James E. Duree,
Attorney at Law, P. O. Box 552, Raymond, Washington 98577. Mr. Andrew
J. Petit, 8821 27th Avenue N. W., Seattle, Washington. The Murphy
Mortuary, 315 Fifth Street, Raymond, Washington. Department of
Charities, County of Los Angeles, Bureau of Resources and Collections,
Box 3191, Terminal Annex, Los Angeles, Calif. Wilson Oyster Farms,
South Bend, Washington.
DATED this 670911.
Richard K. Bush Richard K. Bush
HEL-009-0965-0969
HEL-009-0929-1015
GALBRAITH, A W DOI BIA PORTLAND
670809
CORRESPONDENCE
BUSH, R K
670809
Mr. A. W. Galbraith Assistant Area Director Portland Area Office
Bureau of Indian Affairs Post Office Box 3785 Portland, Oregon 97208
Re: Real Property Management - Petition For Reconsideration of Title
Status to Quinault Allotment No. 435, Joseph Wain (Wing), Deceased.
Dear Mr. Galbraith:
On 670619, the undersigned acknowledged receipt of your letter dated
670616, respecting the above-described Petition, and requested that the
matter be kept open until we could secure further instructions from the
Petitioners and, if possible, additional evidence of the circumstances
under which the gift and quitclaim deeds were executed.
Mr. James E. Duree, attorney from Raymond and South Bend, Washington,
represented all of the parties to the conveyances which were executed
and exchanged between the Petitioners and the deceased Charles Wain,
Jr., in 610600. Promptly following receipt of a copy of your 670616
letter, Mr. Claude Wain undertook to secure from Mr. Duree his statement
and affidavit concerning the facts surrounding the conveyances and his
understanding of the intentions and purposes of the parties. Although
he was unavialable until late in 000700, Mr. Duree has now furnished us
with the enclosed Affidavit executed on 670724, in which Mr. Duree
states unequivocally:
Page Two Mr. A. W. Galbraith
670809
"It was my conviction after discussing this matter with both Charles
Wain, Jr., Clara Louise and Claude Wain, that there was never intended
to be a full conveyance of this property to Charles Wain, Jr., as a gift
but rather he was holding this property in trust for his brother and
sister with the agreement to divide the proceeds of any timber sale and
to reconvey to them."
Mr. Duree represented both sides of the "gift-quitclaim" transaction,
not just the Petitioners. The above-quoted statement of Mr. Duree
establishes conclusively, we submit, that not only did the Petitioners
not intend to give their interests in the subject allotment to Charles
Wain, Jr., but that Charles Wain, Jr., and the attorney who was handling
the transaction knew that no intention to make a gift existed, and that
the instruments which were executed were not received as gifts. The
statement of Mr. Don W. Clark, Forest Manager of the Indian Service at
Hoquiam, does not repudiate the statements of Petitioners that personnel
of the Service knew what the true intention of the parties was, namely,
to consolidate record ownership to facilitate logging, and thereafter to
revert to the record tenancy-in-common.
We have considered carefully the 670531 letter of Mr. George M.
Felshaw, Superintendent, Western Washington Agency, addressed to Mr.
Dale M. Baldwin, Area Director, and submit the following comments for
further consideration:
1. The third paragraph of Mr. Felshaw's letter concedes that the
Petitioners and the deceased Charles Wain, Jr. were advised that "the
land had to be under single ownership to qualify for a Special Allotment
Timber Cutting Permit" and that "it would be possible to consolidate
ownership either by gift deed or negotiated sale to co-owners." The
Petitioners and Charles Wain, Jr. had heard about the time required to
complete a "negotiated sale"; consequently, the suggestion of
proceeding by way of "gift deed" to qualify for the timber cutting
permit appeared
Page Three
Mr. A. W. Galbraith
670809 to be the only practical and realistic alternative. Although
Mr. Felshaw's letter states that the matter of reconveying the interests
after the timber was cut was not discussed with Indian Service
personnel, Petitioners contend otherwise.
2. The fourth and fifth paragraphs of Mr. Felshaw's letter restate
that "this office has never discussed the matter of reconveyance by
quitclaim deed with any of the three owners, and had no knowledge of
same until after the death of Charles Wain, Jr." As previously stated,
the Petitioners contend otherwise. Assuming, however, that they are not
to be believed, should it make any legal difference in this case? (No
doubt the failure of the Petitioners to submit the Quitclaim Deeds of
Charles Wain, Jr. to the Indian Service for approval and filing prior to
the death of Charles Wain, Jr., has had great practical consequence. We
assume that if that had been done, they would have been approved and
filed or, if they are defective in form, new deeds could have been
executed and filed.)
The following facts appear to be irrefutable:
(i) The Petitioners and Charles Wain, Jr. are all Indians. The
Petitioners, insofar as is known by the undersigned, occupied no
"superior" position to Charles Wain, Jr. which enabled them to exercise
duress, coerce, trick or otherwise take advantage of him. And, there is
no evidence that they ever received anything from him.
(ii) Petitioner Claude Wain and Charles Wain, Jr. were brothers.
Petitioner Clara Louise Wain Konkler is the daughter of Claude Wain and
niece of Charles Wain, Jr. The parties were not estranged or hostile
toward each other.
(iii) There is no evidence that the Petitioners or Charles Wain, Jr.
willfully violated Indian Service rules or regulations or any United
States laws.
Page Four
Mr. A. W. Galbraith
670809
(iv) There are no intervening rights of creditors which were
adversely affected by the conduct of the Petitioners or Charles Wain,
Jr.
(v) The beneficiaries of the Estate of Charles Wain, Jr., who will
profit if this Petition is denied, are unrelated to Charles Wain, Jr.
and possess no rights of descent in the subject allotment.
Under these circumstances, any failure of the Petitioners, if such is
the fact, to consult with the Indian Service concerning the Quitclaim
Deeds should not deprive the Petitioners of equitable treatment.
3. Mr. Felshaw states in the sixth paragraph of his letter:
"The Realty Branch handled the gift deed transaction. We have no
knowledge of gift deeds being used as Deeds of Trust. This real estate
concept may be used under state law, but has never been used under
federal regulations, to my knowledge."
The law is, we believe, universal that a valid gift requires a
"donative intent" on the part of the donor or giver. No matter what the
form, there is no gift unless the donor intended to make a gift.
Although he may not have secret, undisclosed intentions that the
recipient or grantee is only to serve as a trustee or custodian of the
property, no gift results if the grantor and grantee agree at the time
the property is delivered, or the conveyance is executed, that it is
merely a transfer for the benefit and convenience of both the transferer
and the transferee and that the transferee will account to the
transferor for the proceeds of any sale or will reconvey the property.
If someone is defrauded by reason of such a transfer or conveyance
(such as creditors), the parties may be estopped to show the true nature
of the transaction. But, certainly a court of equity, whether federal
or state, would not permit the transferee or his heirs to successfully
contend that the transfer was an absolute gift, if the facts disclosed
otherwise.
Page Five
Mr. A. W. Galbraith
670809
In the present situation, there is no question but that the facts
disclose that Charles Wain, Jr. was holding record title to the property
in trust for the Petitioners and subject to their recording of the
quitclaim deeds.
We assume that the Indian Service Regulations would not have
permitted approval of the Gift Deeds, had the Petitioners and Charles
Wain, Jr. fully and intelligibly communicated to the Bureau of Indian
Affairs that no gift was actually being made, or intended, by either the
Petitioners or Charles Wain, Jr. If this assumption is correct, we
request that on the basis of the facts now known to the Bureau of Indian
Affairs, the approval of the Gift Deeds be withdrawn and rescinded.
Such disposition of the matter would restore the title to allotment No.
435 to its pre-1961 status, and render unnecessary any further action on
the Petitioners' contentions that the Gift Deeds should be treated as
Deeds in Trust; or that the Quitclaim Deeds should be approved and
recorded.
We sincerely hope that this matter will be given further careful
review and consideration by the Bureau of Indian Affairs. We believe
that denial of the Petitioners' ownership in the subject property, in
view of the essentially undisputed circumstances, would be both
inaquitable and unconscionable.
Thank you for your courtesies and consideration.
Very truly yours,
RICHARD K. BUSH
RKB:dc
Encl.
c/c: Mr. Claude Wain Mrs. Clara Louise Wain Konkler
STATE OF WASHINGTON County of Pacific
ss.
JAMES E. DUREE, being first duly sworn does depose and state: On
610620, a Mr. Claude Wain and Clara Louise Wain, signed gift conveyances
of their interest in certain timber lands to Charles Wain, Jr., now
deceased. At that time, Mr. Charles Wain, Jr., stated to me as did the
other two parties, that this was merely for centralizing ownership so
that Mr. Charles Wain, Jr., could have this timber land logged. That
they had an agreement amongst themselves that the proceeds from said
logging was to be divided one-third each and that thereafter Mr. Wain
would reconvey by Quit Claim Deed the one-third interest to Claude Wain
and Clara Louise Wain.
On 610626, Mr. Charles Wain, Jr., returned to my office and signed
Quit Claim Deeds which were prepared by myself, in which he quit claimed
back an undivided one-third interest to Clara Louise Wain and to Claude
Wain, to the realty that was concerned which was as follows: "North
one-half Northwest one-quarter (N1/2NW1/4) Section 28, Township 21
North, Range 12, W.W.M., State of Washington, containing 80 acres more
or less."
It was my conviction after discussing this matter with both Charles
Wain, Jr., Clara Louise and Claude Wain, that there was never intended
to be a full conveyance of this property to Charles Wain, Jr., as a gift
but rather he was holding this property in trust for his brother and
sister with the agreement to divide the proceeds of any timber sale and
to reconvey to them.
(ILLEGIBLE)
SUBSCRIBED AND SWORN to before me this 670824,
(ILLEGIBLE) NOTARY PUBLIC in and for the State of Washington,
residing at Aberdeen.
STATEMENT RE JOSEPH WAIN (WING) ALLOTMENT No. 435 - QUINAULT
RESERVATION
Sometime prior to 610500, Mr. Charles Wain Jr. came into my office in
Hoquiam to discuss the possibility of logging a small volume of
merchantable timber on the Joseph Wain Allotment No. 435. He told me
that the owners of the allotment were Claude Wain, Clara Wain Konkler
and himself, each having a 1/3 undivided interest.
The timber on this allotment was originally logged under the Point
Grenville Contract many years ago, probably during the 1930's. The
small volume of timber remaining along Wreck Creek was too small to be
considered merchantable at that time.
As I remember, I believe Mr. Charles Wain Jr. mentioned he knew of
someone who would log the timber for them. With this in mind, I
suggested to them, that if the interests were consolidated or acquired
by one owner, then a Special Allotment Timber Cutting Permit could be
issued to the sole owner. Once this was accomplished, the owner could
arrange for logging the timber with anyone he desired and for whatever
price was acceptable.
The owners were told that in order to place 100 percent ownership
with one of the three owners, the Branch of Realty at the Agency Office
in Everett would have to be contacted.
Don W. Clark Don W. Clark Forest Manager
HEL-009-0970-0976
HEL-009-0929-1015
GALBRAITH, A W PAO BIA PORTLAND
660630
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
IN REPLY REFER TO: Real Prop. Mgmt. Acq. and Disp. Charles Wain,
Jr. Quinault 865
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
660630
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Attention: Real Property Management
Dear Mr. Baldwin:
Reference is made to a Gift transaction where Claude Wain, brother,
and Clara Louise Wain, niece, gift conveyed their combined undivided
interest of 2/3 in the Joseph Wain, Quinault Allotment No. 435, to
Charles Wain, Jr., co-owner.
Both parties signed a Grantor's Agreement that they were gift
conveying each one's interest for a consideration of $1.00, love and
affection, rather than the appraised value of $800.00 for the reason "to
consolidate ownership as I have no further use for my 1/3 interest in
the property". Your office approved this transaction 611106.
Claude Wain and Clara Louise Wain have stated that the consolidation
was made for the purpose of securing ownership in one name, thus
permitting the single owner to enter into a timber contract for the
removal of shakeboards, and that after the timber sale was consumated
that they were paid their proportionate share from the proceeds of the
sale.
We have scarched the records of this office with reviewing the
testimony taken at the hearing of Charles Wain, Jr., conducted in the
Solicitor's Office 000603, and can find no justification for approving
the Quit Claim Deeds you have on file, as all contractural agreements
have been met.
Sincerely yours,
George M. Felshaw Superintendent
(2 Gift Deed Conveyances attached)
PROBATE
E-7-67
RJM
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE EXAMINER OF
INHERITANCE Box 3621, Portland, Oregon 97208
EXAMINER'S NOTICE TO HEIRS AND INTERESTED PARTIES:
TO:
Title Plant, BIA, Portland, Oregon (original),
Western Washington Indian Agency, Everett, Washington (Probate & IIM
Divisions),
Designated Accounting Office, BIA, Albuquerque, New Mexico,
Mr. Claude Wain, PO Box 964, South Bend, Wash.,
Mrs. Ethel Esther Pope Walkowsky, Star Rt., Box 108, Aberdeen, Wash.,
Mrs. June McNamara Wain, 8951 San Fernando Road, Sun Valley,
California,
Mr. Douglas P. Petit, 5405 Douglas Drive, Yakima, Wash.,
Mr. James Beaty Petit, Kodiak, Alaska,
Mr. Norris A. Petit, Box 811, South Bend, Wash.,
Mrs. Clara Louise Waine Konkler, 16345 Simonds Road, Northeast,
Bothell, Wash.,
Mr. William E. Love, Attorney at Law, 1408 Standard Plaza, Portland,
Oregon 97204,
Mr. James E. Duree, Attorney at Law, PO Box 552, Raymond, Washington
98577,
Mr. Andrew J. Petit, 8821 - 27th Avenue, Northwest, Seattle, Wash.,
The Murphy Mortuary, 315 Fifth St., Raymond, Wash.,
Department of Charities, County of Los Angeles, Bureau of Resources
and Collections, Box 3191, Terminal Annex, Los Angeles, California
90054, Wilson Oyster Farms, South Bend, Wash.,
You are hereby notified that on 670112, the initial Order was made by
the undersigned Examiner of Inheritance in the estate of Charles Wain,
Jr., Quinaielt No. 865. A copy of the Order is attached to this notice.
This Order becomes final 60 days from the date of this notice.
Interested persons who have legal ground for complaint may file a
petition for rehearing with the Superintendent stating all the facts on
which they rely, within the 60 days, but not thereafter. The petition,
if filed, must be in (5 copies) under oath and must be accompanied by
the affidavit of at least one person who assumes to know the facts. The
Superintendent shall immediately forward the petition for rehearing to
the Examiner of Inheritance.
Distribution of the estate and payment of claims are made by the
Superintendent of the Western Washington Indian Agency, Federal
Building, 3006 Colby Avenue, Everett, Washington 98201. For information
thereon, consult the Superintendent.
PROBATE FEE TO BE COLLECTED: $75.00.
Sincerely,
R. J. Montogomery
R. J. MONTGOMERY, Examiner of Inheritance.
Dated and mailed: 670112.
PROBATE E-7-67 RJM
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE EXAMINER OF
INHERITANCE Box 3621, Portland, Oregon 97203
IN THE MATTER OF THE ESTATE OF:
Charles Wain. Jr., quinaielet No. 865 of the Western Washington
Indian Agency, Everett, Washington
ORDER APPROVING WILL
This case coming on to be heard before the Examiner of Inheritance,
Portland, Oregon, and on submission of the evidence, the following facts
and conclusions of law are presented:
A hearing was duly set to be held at Hoquiam, Washington, on 651006,
but was cancelled under date of 650917, and all parties notified. The
case was again set to be heard at Portland, Oregon, on 660603, for the
purpose of ascertaining the heirs at law of said decedent and the facts
and circumstances surrounding the execution of an instrument in writing,
dated 591022, and to consider creditors' claims. The instrument, dated
591022, purports to be the last will and testament of said decedent.
The evidence adduced at the hearing discloses that the decedent died
on 650726, at the age of 49 years while a resident of the State of
California, being unmarried and without issue, father or mother at the
time of his death. He did not adopt a child.
June McNamara Wain appeared at the hearing and testified that she was
part Cherokee Indian, but was not enrolled at any Indian agency and so
far as she was aware, none of her ancestors were ever enrolled at any
Indian agency. She testified that she began living with the decedent in
about 490000, and lived with him until 560000, when he went away and
came back to her in 620000, after which they lived together until
decedent died, but were never married by a license. June McNamara
further testified that she and the decedent went through an Indian
custom ceremony of marriage, whereby they exchanged rings and money, in
the presence of various persons. The evidence is silent as to whether
any of these various persons were Indians or not. The Department has
held that "To constitute relations, whether of marriage or divorce, by
Indian custom, it is necessary that the parties shall have lived on the
reservation or under tribal affilations."
Decedent was survived by his next of kin, Claude Wain, brother, and
Ethel Esther Pope Walkowsky, niece, being a daughter of decedent's prior
deceased sister, Clara Wain Pope.
By the terms of decedent's purported will, dated 591022, he attempts
to give his estate to Douglas Paul Petit, James Beaty Petit and Norris
Adren Petit, members of the Quinaielt tribe, but not related to the
testator, with the exception of $10.00 bequests to Claude Wain and
Esther Pope Walkowsky, mentioned above.
The will is in proper form and witnessed by two employee of the
Bureau of Indian Affairs. The evidence shows that the decedent was of
good sound mind and disposing memory at the time he executed the will
and no undue influence, coercion or fraud was used, in obtaining its
execution. It appears to be a proper instrument to receive Departmental
approval. State laws are not applicable to wills of deceased Indians in
so far as their Indian trust property is concerned, (Blanset v, Cardin
261 Fed. 309; 256 U. S. 319).
NOW, THEREFORE, by virtue of the power and authority vested in the
Secretary of the Interior by the Act of 100625, (36 Stat. 855; 25 USC
372) as amended by the Act of 130214 (37 Stat. 678; 25 USC 373) and
pursuant to Departmental Regulations of 470529 (25 CFR 15), the above
mentioned written instrument, dated 591022, is hereby approved as the
last will and testament of the decedent above named.
The Superintendent or other officer in charge of the Western
Washington Indian Agency, Everett, Washington, will cause distribution
of the estate to be made in accordance with the terms of said will and
this Order, subject to the payment of the probate fee and allowed
claims, as follows:
To Douglas Paul Petit, Quinaielt (Unallotted) (born on 391127)
An undivided 1/3 of decedent's Indian trust estate.
To James Beaty Petit, Quinaielt (Unallotted) (born 410707)
To Norris Adren Petit, Quinaielt (Unallotted) (born 430308)
As testator had no funds to his credit with the Bureau of Indian
Affairs at the time of his death, the above bequests of $10.00 to Claude
Wain and Esther Pope Walkowsky will abate and cannot be paid from the
estate.
The following claims filed against this estate are hereby approved in
the amounts shown below and the Superintendent or other officer in
charge of the Western Washington Indian Agency is authorized to pay
these claims in accordance with current Probate Regulations and
instructions from any funds to the credit of the estate or which may
hereafter accrue thereto, after the payment of the probate fee:
(Running Horse vs. Udall, 211 F. Supp. 586, cited by counsel, applies
to claims filed by States for old age assistance claims, according to
instructions of the Solicitor).
The Murphy Mortnary, 315 Fifth St., Raymond, Washington, few
decedent's funeral in the sum of $1,334.83. ($250.00 of this is
preferred: the remainder falls into the category of a general
creditor).
Department of Charities, County of Los Angeles, Bureau of Resource
and Collections, Box 3191, Terminal Annex, Los Angeles, California
90054, for medical service and hospitalization in the sum of $11.329.50.
($500.00 of this is preferred; the remainder falling into the category
of a general creditor).
Andrew Petit, 8821 - 27th Avenue, Northwest, Seattle, Washington, for
loan in the sum of $300.00. (General Creditor).
Claude Wain, Box 964, South Bend, Washington, for loans, etc., in the
sum of $675.00. (General Creditor).
June McNamara Wain, 8951 San Fernando Road, Sun Valley, California,
for care, etc., in the sum of $9,500.00. (General Creditor).
A claim was filed against this estate by Wilson Oyster Farms, South
Bend, Washington, in the sum of $4,022.88, for oysters sold to decedent,
from 511015, to 520400. Decedent resided in the State of Washington
from 560000 until 620000, a period of some 6 years. The claim was
therefore, barried by the statute of limitations before decedent left
the State of Washington and returned to California. The claim
therefore, must be and is hereby disapproved.
Mrs. June McNamara Wain was represented at the hearing by Mr.
William E. Love, Attorney at Law, of the firm of Cake, Jaureguy, Hardy,
Buttler & McEwan, 1408 Standard Plaza, Portland, Oregon 97204. Mr. Love
filed a brief in the matter which is included with the record.
Mr. Claude Wain and his daughter, Clara Louise Wain, were represented
at the hearing by Mr. James E. Duree, Attorney at Law, Box 552, Raymond,
Washington 98577. Mr. Duree has advised that he did not desire to
submit a brief.
The record shows that the decedent, under date of 610626, executed 2
quit claim deeds, one in favor of Claude Wain and the other in favor of
Clara Louise Wain, daughter of Claude Wain, conveying to each an
undivided 1/3 interest in the N/2 NW/4 28-21N-12 WWM, in Washington,
being the original allotment of Joseph Wain (Wing), Quinaielt No. 562.
The Bureau of Indian Affairs declined to approve the deeds. This is a
matter outside the scope of probate authority vested in this office.
The deeds and memorandum, dated 660711, from the Bureau of Indian
Affairs, returning the deeds unapproved, are included in the record.
The claim of 000600 McNamara Wain to be the surviving widow of the
decedent is denied.
The devises in the will were not represented at the hearing by
counsel.
Decedent's Indian trust estate subject to these proceedings consisted
of:
All of decedent's original allotment, No. 865, described as E/2 NW/4
19-23N-10 WWM, in Washington, containing 80 acres.
An undivided 1/3 interest in the allotment of Charles Wain, Quinaielt
No. 437, described as SW/4 SW/4 and Lot 8, Section 22-22N-11 WWM, in
Washington, containing 83.65 acres.
An undivided 1/3 interest in the allotment of Catherine Wain (Wing),
Quinaielt No. 474, described as W/2 SE/4 35-22N-12 WWM, in Washington,
containing 80 acres.
An undivided 1/3 interest in the allotment of Edith Wain, Quinelt No.
441, described as E/2 SW/4 16-22N 13 WWM, in Washington, containing 80
acres.
An undivided 1/3 interest in the allotment of Eliza Wain, Quinielt
No. 436, described as SE/4 SE/4 Section 20 and SW/4 SW/4 Section 21, all
in 21N 12 WWM, in Washington, containing 80 acres.
An undivided 1/3 interest in the allotment of Lotta (Lottie) Wain,
Quinaielt No. 438, described as Lots 2 and 3 of Section 26-23N-10 WWM,
in Washington, containing 75.95 acres.
An undivided 2/45 interest in the allotment of John Hawk, Quinielt
No. 558, described as W/2 NW/4 34-22N-11 WWM, in Washington, containing
80 acres.
An undivided 1/45 interest in the allotment of Catherine Dawson,
Quinaielt No. 562, described as E/2 SW/4 28-22N-11 WWM, in Washington,
containing 80 acres.
All of the allotment of Joseph Wain (Wing), Quinaielt No. 435,
described as N/2 NW/4 28-21N-12 WWM, in Washington, containing 80 acres.
Estimated value of land: $36,300.00. No money to decedent's credit
with the Bureau of Indian Affairs at the time of his death.
The trust estate of said decedent subject to the jurisdiction of this
Department having been appraised at $36,300.00, a fee of $75.00 will be
collected by the Superintendent or other officer in charge of the
Western Washington Indian Agency, pursuant to authority found in the Act
of 230124 (42 Stat. 1185; 25 USC 377).
Done at the City of Portland, Oregon, and dated this 670112,
R. J. Montgomery Examiner of Inheritance.
THE VALUE SHOWN IN THIS ORDER MAY BE AN ESTIMATE
It is made for the purpose of fixing the probate fee required by law
to be collected and it may not necessarily represent the present market
value of the property. Further investigation of values should be made
before entering into any negotiations involving this property.
PROBATE
(ILLEGIBLE)
RJM
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE EXAMINER OF
INHERITANCE Box 3621, Portland, Oregon 97208
IN THE MATTER OF THE ESTATE OF:
ORDER DENYING PETITION FOR REHEARING
Charles Wain, Jr., Quinaielt No. )
865 of the Western Washington Indian )
Agency, Everett, Washington )
The last will and testament of the above named decedent was approved
by this office under date of 670112.
Within the time allowed by the Probate Regulations of the Department,
a petition for rehearing was filed by Claude Wain through Mr. Paul A.
Bitar, Attorney at Law, Hoquiam, Washington. This instrument is
referred to by the petitioner as a Notice of Appeal. As there has been
no petition for a rehearing previously filed, this instrument will be
considered as a petition for rehearing.
Petitioner apparently bases his dissatisfaction on the fact that a
quit-claim deed made by the decedent to Claude Wain and Clara Wain
Konkler for a tract of land was not approved by the Deparment. As the
approval or disapproval of the deeds in question is an administrative
matter, this office did not question the action of the Bureau of Indian
Affairs in not approving the deeds, and, upon the refusal of the Bureau
of Indian Affairs to approve them, the deeds became mullities in so far
as the probate of decedent's Indian trust land was concerned.
In view of the foregoing, the above mentioned instrument is hereby
disapproved and denied as a petition for rehearing. In accordance with
the Probate Regulations of the Department, a copy of which is attached,
petitioners have 60 days from this date in which to appeal to the
Appeals Division, Office of the Regional Solicitor, PO Box 3621,
Portland, Oregon 97208, if they so desire.
The Superintendent or other officer in charge of the Western
Washington Indian Agency, Everett, Washington, shall withhold
distribution of the estate until an Order to Distribute Estate has been
issued by this office.
Done at the City of Portland, Oregon, and dated this 660314.
R. J. Montgomery
Examiner of Inheritance
Original to:
Title Plant, BIA, Portland, Oregon. Copies to: (see attached
sheet).
Copies to:
Western Washington Indian Agency, Everett, Wash. (Probate & IIM
Divisions), Mr. Claude Wain, PO Box 964, South Bend, Wash. 98586, Mrs.
Ethel Esther Pope Walkowsky, Star Rt. Box 108, Aberdeen, Wash. 98520,
Mrs. June McNamara Wain, 8951 San Fernando Road, Sun Valley, California
91352, Mr. Douglas P. Petit, 5405 Douglas Drive, Yakima, Wash, 98902,
Mr. James Beaty Petit, Kodiak, Alaska 99615, Mr. Norris A. Petit, Box
811, South Bend, Wash. 98586, Mrs. Clara Waine Konkler, 16345 Simonds
Road, Northeast, Fothell, Wash. 98011, Mr. William E. Love, Attorney at
Law, 1408 Standard Plaza, Portland, Oregon 97204, Mr. James E. Duree,
Attorney at Law, PO Box 552, Raymond, Washington 98577 (Attorney of
record for Claude Wain and Clara Konkler), Mr. Andrew J. Petit,
8821-27th Avenue, Northwest, Seattle, Wash. 98107, The Murphy Mortuary,
315 Fifth St., Raymond, Wash. 98577. Department of Charities, County of
Los Angeles, Bureau of Resources and Collections, Box 3191 Terminal
Annex, Los Angeles, California 90054, Mr. Paul A. Bitar, Attorney at
Law, Bitar Bld'g., Hoquiam, Wash. 98550.
HEL-009-0977-0989
HEL-009-0929-1015
BALDWIN, D M BIA PORTLAND
670426
CORRESPONDENCE
BITAR, P A PAUL A BITAR
RECEIVED
WESTERN WASH. INDIAN AGENCY EVERETT, WASH.
670428
PAUL A. BITAR
ATTORNEY AT LAW BITAR BUILDING HOQUIAM, WASHINGTON
PHONE GE 9-2570
670426
Superintendent Western Washington Indian Agency Everett, Washington
Dear Sir:
My client, Claude Wain, has retained me in reference to the estate of
his brother, Charles Wain, Jr.
On 670314, the Examiner of Inheritance, R. J. Montgomery, issued an
Order Denying Petition for Rehearing.
The Order Approving Wills states as follows:
"The record shows that the decedent, under date of 610626, executed 2
quit claim deeds, one in favor of Claude Wain and the other in favor of
Clara Louise Wain, daughter of Claude Wain, conveying to each an
undivided 1/3 interest in the N/2 NW/4 28-21N-12 WWM, in Washington,
being the original allotment of Joseph Wain (Wing), Quinaielt No. 562.
The Bureau of Indian Affairs declined to approve the deeds. This is a
matter outside the scope of probate authority vested in this office.
The deeds and memorandum, dated 660711, from the Bureau of Indian
Affairs, returning the deeds unapproved, are included in the record."
As indicated by the decision, the examiner indicated that, since the
Bureau of Indian Affairs did not approve the deeds, the matter was
outside the scope of probate authority.
My client has only 60 days to appeal from 670314.
Since the Examiner of Inheritance places the burden of approving the
deed on the Bureau of Indian Affairs, please advise me immediately as to
what procedure my clients must follow to
Superintendent Western Washington Indian Agency Everett, Washington
670426
Page 2 have the deeds approved.
This decision was rather unusual as he merely put the burden on the
Bureau of Indian Affairs.
Yours truly,
Paul A. Bitar PAUL A. BITAR PAB:kkc
cc: Mr. R. J. Montgomery Honorable Julia Butler Hansen Honorable
Henry M. Jackson Honorable Warren Magnusson
APPEALS DIVISION OFFICE OF THE REGIONAL SOLICITOR UNITED STATES
DEPARTMENT OF THE INTERIOR POST OFFICE BOX 3621 PORTLAND, OREGON 97208
In the Matter of the Estate of:
CHARLES WAIN, JR., Quinaielt No. 865 of the Western Washington Indian
Agency, Everett, Washington
NOTICE OF APPEAL FROM ORDER OF EXAMINER OF INHERITANCE DENYING
PETITION FOR REHEARING
COME NOW CLAUDE WAIN and CLARA WAIN KONKLER, brother and niece,
respectively, of the above-named deceased, and respectfully give Notice
of Appeal from the Order of the Examiner of Inheritance dated 670314,
denying their Petition for Rehearing of the Order Approving Will entered
670112.
The reasons for this appeal are the following:
1. The Examiner of Inheritance erred in his finding on page 4 of the
Order Approving Will that -
"All of the allotment of Joseph Wain (Wing) Quinaielt No. 435,
described as N/2 NW/4 28-21N-12WWM, in Washington, containing 80 acres"
is within the decedent's trust estate.
2. Appellants were not adequately informed and advised before or
during the Hearing by the Examiner of Inheritance that evidence of the
status of title of said property described in paragraph 1 would not be
considered at the Hearing and that the matter of the Appellants'
interest in the property was "outside the scope of the probate authority
vested in this office."
3. Appellants are concurrently herewith filing a petition with the
Bureau of Indian Affairs, Realty Office, Portland, Oregon, requesting
reconsideration of its refusal to approve certain Quitclaim Deeds, dated
610626, from the decedent to the Appellants, or, in the alternative, to
set aside certain Gift Deeds by the Appellants to the decedent of their
interests in the subject property.
4. Should the Order Approving Will entered on 670112, become final
pending reconsideration by the Bureau of Indian Affairs of the status of
title to the real property described in paragraph 1 above, the United
States, the Appellants and other interested parties may be put to
further expense, inconvenience and possibly be irreparably damaged
thereby.
5. A copy of the Petition For Reconsideration filed with the Realty
Office, Bureau of Indian Affairs, Portland, Oregon, is attached hereto.
WHEREFORE, Appellants respectfully request that the Order Denying
Petition For Rehearing be reversed, and that the Order Approving Will be
suspended or held in abeyance until such time as a final determination
shall be made respecting the status of title of the real property
described in Paragraph 1 hereof.
Richard K. Bush Attorney For Appellants
STATE OF WASHINGTON COUNTY OF KING
ss.
RICHARD K. BUSH, being first duly sworn, on oath deposes and says:
That he is the attorney for Appellants Claude Wain and Clara Wain
Konkler and is acting pursuant to Power of Attorney dated 670510; that
he has read the above Notice of Appeal, knows the contents thereof, and
believes the same to be true; that this Notice of Appeal is made in
good faith.
Richard K. Bush
SUBSCRIBED AND SWORN TO before me this 670511.
Notary Public in and for the State of Washington, residing at
Seattle.
My Commission expires: 680716.
CERTIFICATION
I hereby certify that I have furnished a copy of this Notice of
Appeal to the Examiner of Inheritance and to all parties who share in
the estate under the decision of the Examiner, including the following
named persons:
Western Washington Indian Agency, Everett, Washington (Probate & IIM
Divisions) Mr. Claude Wain, PO Box 964, South Bend, Washington Mrs.
Ethel Esther Pope Walkowsky, Star Rt., Box 108, Aberdeen, Wash. Mrs.
June McNamara Wain, 8951 San Fernando Road, Sun Valley, Calif. Mr.
Douglas P. Petit, 5405 Douglas Drive, Yakima, Washington Mr. James Beaty
Petit, Kodiak, Alaska Mr. Norris A. Petit, Box 811, South Bend,
Washington Mrs. Clara Louise Waine Konkler, 16345 Simonds Road, N.E.,
Bothell, Wash. Mr. William E. Love, Attorney at Law, 1408 Standard
Plaza, Portland, Oregon 97204 Mr. James E. Duree, Attorney at Law, PO
Box 552, Raymond, Washington 98577 Mr. Andrew J. Petit, 8821 - 27th
Avenue N.W., Seattle, Washington The Murphy Mortuary, 315 Fifth Street,
Raymond, Washington Department of Charities, County of Los Angeles,
Bureau of Resources and Collections, Box 3191, Terminal Annex, Los
Angeles, California Wilson Oyster Farms, South Bend, Washington.
DATED this 670511.
Richard K. Bush
HEL-009-0990-0994
HEL-009-0929-1015
SUPT W WA INDIAN AGENCY
670501
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
Real Prop. Mgmt. Acq. & Disp.
WAIN, Chas. Jr. 006
Western Washington Agency Federal Building - 3086 Colby Avenue
Everett, Washington 98201
670501
Mr. Paul A. Bitar Attorney at Law Bitar Building Hoquiam, Washington
98550
Dear Mr. Bitar:
For the purpose of Order Denying Petition for Rehearing by Mr. R. J.
Montgomery, the deed you refer to in your letter of 670426, has already
been acted upon.
The Realty Section in our Portland Area Office on 660611, informed
Mr. Montgomery that no basis could be found for approval of the two
quit-claim deeds.
Sincerely yours,
(Sgd) John B. Benedetto Acting Superintendent.
cc: R. J. Montgomery/with incoming letter
cc: Portland Area Office-Real Prop Mgmt., w/ incoming letter
cc: Asst. Supt., Hoquiam
HEL-009-0995-0995
HEL-009-0929-1015
BITAR, P A
670511
CORRESPONDENCE
RYAN, ASKREN, BUSH
RYAN, ASKREN, CARLSON, BUSH & SWANSON LAWYERS WHITE-HENRY-STUART
BUILDING SEATTLE MAIN 2-1363
670511
Realty Section Portland Regional Office Bureau of Indian Affairs
United States Department of the Interior Post Office Box 3621 Portland,
Oregon 97208
Re: Quinaielt Allotment No. 562 - Status of Title.
Gentlemen:
The undersigned has been employed by Mr. Claude Wain and his
daughter, Clara Louise Wain Konkler, as their attorney for the purpose
of petitioning for a reconsideration of your determination regarding the
status of title in the following property:
"All of the allotment of Joseph Wain (Wing) Quinaielt No. 435,
described as N/2 NW/4 28-21N-12WWM, in Washington, containing 80 acres."
A copy of the Power of Attorney executed by Claude Wain and Clara
Wain Konkler, dated 670510, is enclosed.
We were first contacted by Mr. Wain and Mrs. Konkler yesterday
afternoon, 670510, and thus have not been able to make a full,
independent investigation of the facts concerning this matter. However,
because the sixty-day period in which these clients may appeal from an
Order Denying Petition For Rehearing entered 670314 in the probate
proceeding entitled "In the Matter of the Estate of Charles Wain, Jr.,
Quinaielt No. 865 of the Western Washington Indian Agency, Everett,
Washington" will expire 670514, it has been necessary to act before all
of the facts are confirmed in order to preserve the status quo.
Page Two
Bureau of Indian Affairs Realty Section
670511
We have secured the following facts from the Order Approving Will in
the above-described probate and/or from our clients:
1. Both Claude Wain and his daughter, Clara Wain Konkler, are
Indians.
2. On some date prior to 610626, Joseph Wain (Wing), Quinaielt No.
435, died leaving a will under which Claude Wain, Clara Wain Konkler and
Charles Wain, Jr. were devisees of undivided 1/3 interests in the Joseph
Wain (Wing) Allotment, Quinaielt No. 435, described above. (The will of
Joseph Wain (Wing) was probated in the Office of the Examiner of
Inheritance and the undivided 1/3 interests were distributed to the
three beneficiaries.)
3. Although said Quinaielt Allotment No. 435 had been logged some
years earlier, a small amount of merchantable timber remained in 610000.
The owners wished to liquidate it and discussed the matter with Mr. Don
Clark, who was in charge of the Hoquiam Sub-Agency in 610600. They were
told that the most expeditious and economic way to accomplish this
desire to liquidate the timber would be to eliminate the fractional
ownership of record, place 100% record ownership in one of the three
owners and have him contract or arrange for the logging, with the
understanding that the proceeds would be divided between the three.
Following completion of the logging, reconveyances of the undivided
one-third interests could be recorded.
4. Following this suggestion, Mr. Claude Wain and Mrs. Clara Louise
Wain Konkler executed Gift Deeds on Indian Service forms in favor of Mr.
Charles Wain, Jr., and Charles Wain, Jr. executed Quit Claim Deeds
reconveying undivided one-third interests back to Claude Wain and Clara
Louise Wain Konkler on 610626. These deeds were executed and delivered
in the office of Mr. James E. Duree, Attorney at Law, Box 552, Raymond,
Washington.
Page Three
Bureau of Indian Affairs Realty Section
670511
5. The Gift Deeds in favor of Charles Wain, Jr., were recorded and
approved by the Bureau of Indian Affairs. The Quit Claim Deeds back
were not recorded but were delivered by Charles Wain, Jr. to their
Grantees, Claude Wain and Clara Louise Wain Konkler.
6. All of the individuals involved, to-wit, Charles Wain, Jr.,
Claude Wain, Clara Louise Wain Konkler, James E. Duree (Attorney) and
Don Clark (Bureau of Indian Affairs) knew, understood and intended that
the Gift Deeds were to be no more than deeds in trust. No consideration
was paid therefor and the Quit Claim Deeds provide clear evidence of
their character.
7. Charles Wain, Jr. died before the Quit Claim Deeds were recorded
or approved by the Bureau of Indian Affairs for recording.
8. Sometime prior to 660711, the Bureau of Indian Affairs
disapproved the Quit Claim Deeds and apparently returned them with a
memorandum to our clients. These documents were produced and are filed
in the Charles Wain, Jr. probate proceeding. The undersigned has not
had an opportunity to examine either the deeds or the memorandum.
9. The subject real property is inventoried in the Estate of Charles
Wain, Jr., and pursuant to the Order Approving Will will be distributed
in its entirety to three unallotted Quinaielt Indians, unrelated to
Charles Wain, Jr., pursuant to the Will which has been admitted to
probate, unless the equitable interests of Claude Wain and Clara Louise
Wain Konkler are recognized and given effect.
Upon receipt of notice that this matter will be reconsidered, the
undersigned will secure and forward for your examination and
consideration the following documents:
Page Four
Bureau of Indian Affairs Realty Section
670511
(1) Originals (or copies if the originals are not available to us) of
the Gift Deeds to Charles Wain, Jr. and the Quit Claim Deeds back to
Claude Wain and Clara Louise Wain Konkler.
(2) Sworn statements of James E. Duree and Don Clark reciting the
circumstances and conditions under which the deeds were executed and
delivered.
(3) Sworn statements of Claude Wain and Clara Louise Wain Konkler
respecting the circumstances and conditions under which the deeds were
executed and delivered.
We respectfully request that the action taken by your office on
660711 be reconsidered in the light of the foregoing and, in the
alternative,
(1) that the Quit Claim Deeds dated 610626 be approved and duly
recorded by the Bureau of Indian Affairs; or
(2) that the Gift Deeds be set aside or construed to be conveyances
in trust only for the grantors.
Otherwise, in our opinion, a substantial inequity will occur.
Thank you for your careful review of this matter.
Very truly yours,
RICHARD K. BUSH
RKB:de
Encl.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That we, CLAUDE WAIN and CLARA WAIN
KONKLER, of South Bend, Washington and Bothell, Washington,
respectively, do appoint Richard K. Bush of Seattle, Washington, and
John Iverson of Seattle, Washington, and each of them acting alone, our
true and lawful attorneys for us and in our name and stead to secure
information from any department or agency of the Federal Government and
more specifically the Bureau of Indian Affairs with respect to
restricted or trust property located upon the Quinault Indian
Reservation in which we now or heretofore have had an interest,
including specifically authority to act for us in In The Matter of the
Estate of Charles Wain, Jr., Quinault No. 865, giving and granting unto
our said attorneys and each of them full power and authority to do and
perform all and every act and thing whatsoever requisite or proper to be
done in and about the premises as fully to all intents and purposes as
we, or either of us, might or could do if personally present, hereby
ratifying and confirming all that our said attorneys shall lawfully do
or cause to be done by virtue hereof.
The undersigned do hereby revoke any Power of Attorney presently
filed with the Bureau of Indian Affairs and in particular the Power of
Attorney granted heretofore to James E. Duree, Attorney at Law, Box 552,
Raymond, Washington 98577.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
670510.
Claude Wain
Clara Wain Konkler
Witnesses:
(ILLEGIBLE)
Richard K Bush
STATE OF WASHINGTON COUNTY OF KING
ss.
I do hereby certify that on this 670510, personally appeared before
me CLAUDE WAIN and CLARA WAIN KONKLER, to me known to be the individuals
described in and who executed the within instrument and acknowledged
that they signed and sealed the same as their free and voluntary act and
deed for the uses and purposes herein mentioned.
Given under my hand and official seal this 670510.
Richard K Bush Notary Public in and for the State of Washington,
residing at Seattle.
HEL-009-0996-1000
HEL-009-0929-1015
BIA PORTLAND
670519
CORRESPONDENCE
GALBRAITH, A W BIA
Real Property Management
670519
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
We enclose copy of our 670511 letter from Mr. Richard K. Bush, 545
Henry Building, Seattle, Washington, employed by Mr. Claude Wain and
daughter, Clara Louise, as their attorney in a matter related to the
closed estate of Charles Wain, Jr.
On 660611, this office advised the Examiner of Inheritance that it
found no basis for approval of two quitclaim deeds executed by Charles
Wain, Jr., the deceased, to Claude Wain and Clara Louise Wain,
respectively.
The letter from Attorney Bush presents statements of purported fact
and asks for a reconsideration of the previous disapproval action taken
in the case by this Bureau. We remain unconvinced that there exists
basis for reversal of our previous position, but request that statements
made by Mr. Bush be investigated and a report furnished for our
evaluation.
Sincerely yours,
(Sgd) A. W. Galbraith A. W. Galbraith Assistant Area Director
(Economic Development)
Enclosure
cc: Branch subject - 1. Pending WW
2. 003 WW Yellow chrony
VLundeen:lkn 670519
HEL-009-1001-1001
HEL-009-0929-1015
FELSHAW, G M W WA AGENCY
670523
CORRESPONDENCE
VANINETTI W WA AGENCY
RECEIVED
670508
670523
Mr. Don Clark Forestry, Hoquiam
John Vaninetti Real Property Management Officer, WWA
Charles Wain Estate
Attached are PAO letter of 670519, and that of Mr. Richard Bush dated
670511, along with our letter to PAO of 660630.
Please prepare your statement and send to us so that we may
incorporate it in our answer. Be sure to give us only material that
applies as you might have to testify under oath.
cc: Mr. Saub, PAO Realty Asst Supt.
HEL-009-1002-1002
HEL-009-0929-1015
CLARK, D BR OF FORESTRY
670531
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
IN REPLY REFER TO: Real Prop Mgmt Acq & Disp
WAIN, Joseph Q-435 WAIN, Charles, J
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building - 3006 Colby Avenue
Everett, Washington 98201
670531
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Attention: Real Property Management
Dear Mr. Baldwin:
We have your letter of 670519 requesting certain information in
connection with the closed estate of Charles Wain, Jr.
We wish to comment on certain items listed in Mr. Bush's letter of
670511, as follows:
1. No comment.
2. No comment.
3. See attached statement by Don W. Clark, Forest Manager.
The owners were advised by the Forest Manager that under existing
regulations the land had to be under single ownership to qualify for a
Special Allotment Timber Cutting Permit. In order to qualify for a
Special Allotment Timber Cutting Permit, it was suggested that it would
be possible to consolidate ownership either by gift deed or negotiated
sale to co-owners. This is as far as the discussion went. At no time
has Forestry or realty employees ever discussed the matter of
reconveying the interests after the timber was cut.
This office had no knowledge of the reconveyance by Quit Claim Deed
until after the death of Charles Wain, Jr.
4. As indicated in 3 above, this office has never discussed the
matter of reconveyance by quit claim deed with any of the three owners,
and had no knowledge of same until after the death of Charles Wain, Jr.
5. Please not that the Gift Deeds were handled by this office while
the Quit Claim deeds were handled by Attorney Duree.
6. The only connection Mr. Clark had with the gift deed was his
suggestion that existing regulations permitted consolidation of
ownership by gift deed. The Realty Branch handled the gift deed
transaction. We have no knowledge of gift deeds being used as Deeds in
Trust. This real estate concept may be used under state law, but has
never been used under federal regulations, to my knowledge.
7. No comment.
8. The Probate Examiner considered the quit claim deeds and gave no
official recognition to same.
9. No comment.
Please let us know if you need additional information.
Sincerely yours,
George M Felshaw Superintendent.
STATEMENT OF JOSEPH WAIN (WING) ALLOTMENT No. 435 - QUINAULT
RESERVATION
Sometime prior to 610500, Mr. Charles Wain Jr. came into my office in
Hoquiam to discuss the possibility of logging a small volume of
merchantable timber on the Joseph Wain Allotment No. 435. He told me
that the owners of the allotment were Claude Wain, Clara Wain Konkler
and himself, each having a 1/3 undivided interest.
The timber on this allotment was originally logged under the Point
Grenville Contract many years ago, probably during the 300000's. The
small volume of timber remaining along Wreck Creek was too small to be
considered merchantable at that time.
As I remember, I believe Mr. Charles Wain Jr. mentioned he knew of
someone who would log the timber for them. With this in mind, I
suggested to them, that if the interests were consolidated or acquired
by one owner, then a Special Allotment Timber Cutting Permit could be
issued to the sole owner. Once this was accomplished, the owner could
arrange for logging the timber with anyone he desired and for whatever
price was acceptable.
The owners were told that in order to place 100 percent ownership
with one of the three owners, the Branch of Realty at the Agency Office
in Everett would have to be contracted.
Don W. Clark Forest Manager
HEL-009-1003-1005
HEL-009-0929-1015
BALDWIN, D M BIA PORTLAND
670616
CORRESPONDENCE
GALBRAITH, A W BIA
870116
Mr. Richard K. Bush Ryan, Carlson, Bush, Swanson & hendel, Layers 545
Henry Building Seattle, Washington 98101
Dear Mr. Bush:
This is in response to your 670511, letter wherein, as attorney for
Mr. Claude Wain and daughter, Clara Louise Wain Konkler, you petitioned
for reconsideration of a determination made by this office regarding the
title status of the N 1/2 NW 1/4 sec. 28, T. 21 N. R. 12 W., W. M.,
Washington, otherwise identified as Quinault Allotment No. 435, Joseph
Wain (Wing), deceased.
A copy of your letter was furnished to the Superintendent, Western
Washington Agency, Everett, Washington, with request that he investigate
the circumstances and furnish a responsive reply to the statements which
your letter contains. We furnish, for your review, his report on the
matter as it relates to actions of gift and property transfer between
Charles Wain, Jr., now deceased, and your clients, Claude Wain and
daughter, Clara Louise Wain Konkler. We have no objection to your
submission of additional documentary evidence in support of your
clients' claims to ownership of this property.
We are sympathetic to your clients in the situation which developed
but the gift deeds executed by them and approved by this Bureau remain
valid. We do not know of any statutory basis, under the circumstances
as described, that would permit this Bureau to set the deeds aside or
construe them to be conveyances in trust only for the grantors, as your
letter suggests.
Consistent with Bureau policy and regulations that govern the sale
and transfer of Indian trust property, this office denied approval of
the quitclaim deeds, executed outside of this Bureau and proffered to us
for consideration and belated approval, subsequent to the death of
Charles Wain, Jr., the grantor. The Superintendent's
cc:
Superintendent, Western Washington Agency Branch subject - 350
Estates Yellow chrony
VLundeen:lkn 671615 letter indicates the Bureau's findings in this
matter, and it does not provide any factual support for reversal of the
previous position taken by this office. Your petition for reversal is,
therefore, denied.
Sincerely yours, (Sgd.) A.W. Galbraith A. W.Galbraith Assistant Area
Director (Economic Development)
Enclosure
HEL-009-1006-1007
HEL-009-0929-1015
BUSH, R K RYAN, CARLSON, BUSH
670619
CORRESPONDENCE
BUSH, R K RYAN, CARLSON, BUSH
RYAN, CARLSON, BUSH, SWANSON & HENDEL LAWYERS
WHITE HENRY STUART BUILDING SEATTLE, WASHINGTON 98101 AREA CODE 206
MAIN 2 1363
670619
Mr. A. W. Galbraith Assistant Area Director Portland Area Office
Bureau of Indian Affairs Post Office Box 3785 Portland, Oregon 97208
Re: Real Property Management Petition For Reconsideration of Title
Status to Quinault Allotment No. 435, Joseph Wain (Wing), Deceased.
Dear Mr. Galbraith:
Thank you for your letter dated 670616, in response to our Petition
for Reconsideration filed on behalf of Mr. Claude Wain and Mrs. Clara
Louise Wain Konkler in the matter of the title status of the Joseph Wain
(Wing) Allotment No. 435 on the Quinault Indian Reservation.
We appreciate your courtesies but, of course, are disappointed with
the action taken. Although we realize that the Bureau of Indian Affairs
has regulations and procedures respecting trust patent property which
must be followed to protect the rights of the Indian trust beneficiaries
against over reaching actions of persons who would deprive them of their
interests, we are surprised that the Bureau would follow its regulations
so strictly that the true nature of a particular transaction between
related Indians would be disregarded to the detriment of the Indian
trust beneficiaries, particularly where, as in this case, strangers to
the deceased "other party" will be enriched to the detriment of the
brother and niece of said "other party". Instead of protecting the
Indians, such strict application of the regulations may entrap them and
result in substantial unequity.
670619
We have forwarded copies of your letter to Mr. Wain and Mrs. Konkler
with a request for their further instructions. Upon receipt of their
response, we will promptly inform you whether further evidence of the
facts will be available and whether they will wish to further appeal
your denial of the Petition For Reconsideration.
We respectfully request that this matter be kept open for a
reasonable period until we have received such further instructions and
evidence.
Very truly yours,
Richard K Bush RICHARD K. BUSH
RKB:de
c/c: Mr. Claude Wain
Mrs. Clara Louise Wain Konkler
Copy sent to West Ward Agency 670623
HEL-009-1008-1009
HEL-009-0929-1015
GALBRAITH, A W PAO BIA PORTLAND
670809
CORRESPONDENCE
BUSH, R K RYAN, CARLSON, BUSH
RYAN, CARLSON, BUSH, SWANSON & HENDEL LAWYERS
WHITE HENRY STUART BUILDING SEATTLE, WASHINGTON 98101 AREA CODE 206
MAIN 2-1363
JOHN E. RYAN JR.
WILLIAM D. ASKREN (640000)
LAWRANCE S. CARLSON
RICHARD K. BUSH
RAYMOND C. SWANSON
DANIEL C. BLOM
DOUGLAS R. HENDEL
RICHARD L. CLEVELAND
RICHARD J. HOWARD
DALE E. KREMER
EBEN B. CARLSON
MICHAEL R. RAYTON
JACK C. ALHADEFF
JOHN E. IVERSON
670809
Mr. A. W. Galbraith Assistant Area Director Portland Area Office
Bureau of Indian Affairs Post Office Box 3785 Portland, Oregon 97208
Re: Real Property Management Petition For Reconsideration of Title
Status to Quinault Allotment No. 435, Joseph Wain (Wing), Deceased.
Dear Mr. Galbraith:
On 670619, the undersigned acknowledged receipt of your letter dated
670616, respecting the above described Petition, and requested that the
matter be kept open until we could secure further instructions from the
Petitioners and, if possible, additional evidence of the circumstances
under which the gift and quitclaim deeds were executed.
Mr. James E. Duree, attorney from Raymond and South Bend, Washington,
represented all of the parties to the conveyances which were executed
and exchanged between the Petitioners and the deceased Charles Wain,
Jr., in 610600. Promptly following receipt of a copy of your 670616
letter, Mr. Claude Wain undertook to secure from Mr. Duree his statement
and affidavit concerning the facts surrounding the conveyances and his
understanding of the intentions and purposes of the parties. Although
he was unavailable until late in July, Mr. Duree has now furnished us
with the enclosed Affidavit executed on 670624, in which Mr. Duree
states unequivocally:
Mr. A.W. Galbraith
670809
"It was my conviction after discussing this matter with both Charles
Wain, Jr., Clara Louise and Claude Wain, that there was never intended
to be a full conveyance of this property to Charles Wain, Jr., as a gift
but rather he was holding this property in trust for his brother and
sister with the agreement to divide the proceeds of any timber sale and
to reconvey to them."
Mr. Duree represented both sides of the "gift quitclaim" transaction,
not just the Petitioners. The above quoted statement of Mr. Duree
establishes conclusively, we submit, that not only did the Petitioners
not intend to give their interests in the subject allotment to Charles
Wain, Jr., but that Charles Wain, Jr., and the attorney who was handling
the transaction knew that no intention to make a gift existed, and that
the instruments which were executed were not received as gifts. The
statement of Mr. Don W. Clark, Forest Manager of the Indian Service at
Hoquiam, does not repudiate the statements of Petitioners that personnel
of the Service knew what the true intention of the parties was, namely,
to consolidate record ownership to facilitiate logging, and thereafter
to revert to the record tenancy in common.
We have considered carefully the 670531 letter of Mr. George M.
Felshaw, Superintendent, Western Washington Agency, addressed to Mr.
Dale M. Baldwin, Area Director, and submit the following comments for
further consideration:
1. The third paragraph of Mr. Felshaw's letter concedes that the
Petitioners and the deceased Charles Wain, Jr. were advised that "the
land had to be under single ownership to qualify for a Special Allotment
Timber Cutting Permit" and that "it would be possible to consolidate
ownership either by gift deed or negotiated sale to coowners." The
Petitioners and Charles Wain, Jr. had heard about the time required to
complete a "negotiated sale"; consequently, the suggestion of
proceeding by way of "gift deed" to qualify for the timber cutting
permit appeared to be the only practical and realistic alternative.
Although Mr. Felshaw's letter states that the matter of reconveying the
interests after the timber was cut was not discussed with Indian Service
personnel, Petitioners contend otherwise.
2. The fourth and fifth paragraphs of Mr. Felshaw's letter restate
that "this office has never discussed the matter of reconveyance by
quitclaim deed with any of the three owners, and had no knowledge of
same until after the death of Charles Wain, Jr." As previously stated,
the Petitioners contend otherwise. Assuming, however, that they are not
to be believed, should it make any legal difference in this case? (No
doubt the failure of the Petitioners to submit the Quitclaim Deeds of
Charles Wain, Jr. to the Indian Service for approval and filing prior to
the death of Charles Wain, Jr., has had great practical consequence. We
assume that if that had been done, they would have been approved and
filed or, if they are defective in form, new deeds could have been
executed and filed.)
The following facts appear to be irrefutable:
(i) The Petitioners and Charles Wain, Jr. are all Indians. The
Petitioners, insofar as is known by the undersigned, occupied no
"superior" position to Charles Wain, Jr. which enabled them to exercise
duress, coerce, trick or otherwise take advantage of him. And, there is
no evidence that they ever received anything from him.
(ii) Petitioner Claude Wain and Charles Wain, Jr. were brothers.
Petitioner Clara Louise Wain Konkler is the daughter of Claude Wain and
niece of Charles Wain, Jr. The parties were not estranged or hostile
toward each other.
(iii) There is no evidence that the Petitioners or Charles Wain, Jr.
willfully violated Indian Service rules or regulations or any United
States laws.
Mr. A. W. Galbraith
670809
(iv) There are no intervening rights of creditors which were
adversely affected by the conduct of the Petitioners or Charles Wain,
Jr.
(v) The beneficiaries of the Estate of Charles Wain, Jr., who will
profit if this Petition is denied, are unrelated to Charles Wain, Jr.
and possess no rights of descent in the subject allotment.
Under these circumstances, any failure of the Petitioners, if such is
the fact, to consult with the Indian Service concerning the Quitclaim
Deeds should not deprive the Petitioners of equitable treatment.
3. Mr. Felshaw states in the sixth paragraph of his letter:
"The Realty Branch handled the gift deed transaction. We have no
knowledge of gift deeds being used as Deeds of Trust. This real estate
concept may be used under state law, but has never been used under
federal regulations, to my knowledge."
The law is, we believe, universal that a valid gift requires a
"donative intent" on the part of the donor or giver. No matter what the
form, there is no gift unless the donor intended to make a gift.
Although he may not have secret, undisclosed intentions that the
recipient or grantee is only to serve as a trustee or custodian of the
property, no gift results if the grantor and grantee agree at the time
the property is delivered, or the conveyance is executed, that it is
merely a transfer for the benefit and convenience of both the transferor
and the transferee and that the transferee will account to the
transferor for the proceeds of any sale or will reconvey the property.
If someone is defrauded by reason of such a transfer or conveyance
(such as creditors), the parties may be estopped to show the true nature
of the transaction. But, certainly a court of equity, whether federal
or state, would not permit the transferee or his heirs to successfully
contend that the transfer was an absolute gift, if the facts disclosed
otherwise.
In the present situation, there is no question but that the facts
disclose that Charles Wain, Jr. was holding record title to the property
in trust for the Petitioners and subject to their recording of the
quitclaim deeds.
We assume that the Indian Service Regulations would not have
permitted approval of the Gift Deeds, had the Petitioners and Charles
Wain, Jr. fully and intelligibly communicated to the Bureau of Indian
Affairs that no gift was actually being made, or intended, by either the
Petitioners or Charles Wain, Jr. If this assumption is correct, we
request that on the basis of the facts now known to the Bureau of Indian
Affairs, the approval of the Gift Deeds be withdrawn and rescinded.
Such disposition of the matter would restore the title to allotment No.
435 to its pre-610000 status, and render unnecessary any further action
on the Petitioners' contentions that the Gift Deeds should be treated as
Deeds in Trust, or that the Quitclaim Deeds should be approved and
recorded.
We sincerely hope that this matter will be given further careful
review and consideration by the Bureau of Indian Affairs. We believe
that denial of the Petitioners' ownership in the subject property, in
view of the essentially undisputed circumstances, would be both
inequitable and unconscionable.
Thank you for your courtesies and consideration.
Very truly yours,
Richard K. Bush
Richard K. Bush
RKB:de
Encl.
c/c: Mr. Claude Wain
Mrs. Clara Louise Wain Konkler
STATE OF WASHINGTON
:ss.
County of Pacific
JAMES E. DUREE, being first duly sworn does depose and state: On
610620, a Mr. Claude Wain and Clara Louise Wain, signed gift conveyances
of their interest in certain timber lands to Charles Wain, Jr., now
deceased. At that time, Mr. Charles Wain, Jr., stated to me as did the
other two parties, that this was merely for centralizing ownership so
that Mr. Charles Wain, Jr., could have this timber land logged. That
they had an agreement amongst themselves that the proceeds from said
logging was to be divided one-third each and that thereafter Mr. Wain
would reconvey by Quit Claim Deed the one-third interest to Claude Wain
and Clara Louise Wain.
On 610626, Mr. Charles Wain, Jr., returned to my office and signed
Quit Claim Deeds which were prepared by myself, in which he quit claimed
back an undivided one-third interest to Clara Louise Wain and to Claude
Wain, to the realty that was concerned which was as follows: "North
one-half Northwest one-quarter (N 1/2NW 1/4) Section 28, Township 21
North, Range 12, W.W.M., State of Washington, containing 80 acres more
or less."
It was my conviction after discussing this matter with both Charles
Wain, Jr., Clara Louise and Claude Wain, that there was never intended
to be a full conveyance of this property to Charles Wain, Jr., as a gift
but rather he was holding this property in trust for his brother and
sister with the agreement to divide the proceeds of any timber sale and
to reconvey to them.
James E. Dunn SUBSCRIBED AND SWORN to before me this 670724.
(ILLEGIBLE)
NOTARY PUBLIC in and for the State of Washington, residing at
Aberdeen.
HEL-009-1010-1015
HEL-009-0929-1015
GALBRAITH, A W PAO BIA PORTLAND
671116
CORRESPONDENCE
ACT SUPT BIA
5-3494
660500
FILE NO. 792
670000
WESTERN WASHINGTON 339
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.
C.R. 42589-46-339-TAHOLAH
C.R. 9074-50-339-TAHOLAH
C.R. 4595-57-339-W. WASHINGTON
C.R. 3882-62-339-W. Washington
CLOSED
PART 1
RECEIVED 671117
Forestry 339.5
ROTC - Taholah
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201 671116
Aloha Lumber Corporation
Aloha, Washington 98525
Gentlemen:
Enclosed are Reports of Timber Cut covering your operations in the
Taholah Logging Unit, Quinault Indian Reservation, for the month of
671000. Scale Reports for the same period are being sent under separate
cover.
Please send us, by return mail, your check for $100,000.00 to cover
current operations.
Sincerely yours,
Acting Superintendent
Enclosures
cc: Portland Area Office w/ROTC - 2 ea
HEL-009-1016-1017
HEL-009-1016-1017
A ALOHA LUMBER CORP
671102
CORRESPONDENCE
HOBER, A BIA
ILLEGIBLE
SENDING BLANK LETTERS NDN-PD
CHARGETO BIA RFS. MGT., 1482201, 1968 (1804..3)
ALOHA LUMBER COMPANY
AHOHA, WASHINGTON
671102
YOUR ATTORNEY'S TELEGRAM OF 671031, REQUESTED EXTENSION OF
CONSULTATION PERIOD FOR DISCUSSION OF PRICE ADJUSTMENT, TAHOLAH LOGGING
UNIT CONTRACT NO. I-101-IND-1766. EXTENSION OF TWO WEEKS GRANTED,
THROUGH 671121.
Sgd Albert Hober Acting Deputy Assistant COMMISSIONER
HEL-009-1019-1019
HEL-009-1019-1019
ALOHA LUMBER CO
671102
CORRESPONDENCE
HUBER, A BIA
Forestry 792-67
671102
(ILLEGIBLE)
BIA RES. NGT., 1482201,1968 (1804.3)
HDM-PD
ALOHA LUMBER COMPANY AHOHA, WASHINGTON
YOUR ATTORNEY'S TELEGRAM OF 671031, REQUESTED EXTENSION OF
CONSULTATION PERIOD FOR DISCUSSION OF PRICE ADJUSTMENT, TAHOLAH LOGGING
UNIT CONTRACT NO. 1-101-IND-1766. EXTENSION OF TWO WEEKS GRANTED
THROUGH 671121.
(Sgd) Albert Huber
COMMISSIONER
Acting Deputy Assistant
cc: surname 300 Forestry Chrony Mailroom Chrony Holdup
CXChester:jhb:671101
HEL-009-1020-1020
HEL-009-1020-1020
ALOHA LUMBER CO
671031
CORRESPONDENCE
IRWIN, L TREIGER BOGLE, GATES
RECEIVED
671118
WESTERN UNION TELEGRAM
The filing time shown in the date line on domestic telegrams is LOCAL
TIME at point of origin. Time of receipt is LOCAL TIME at point of
destination
671031
LLF 338 (og) CTA753 PRB612 PR SEC349 NL PD AR FAX SEATTLE WASH 31
COMMISSIONER OF INDIAN AFFAIRS BUREAU OF INDIAN AFFAIRS
US DEPT OF THE INTERIOR WASHDC
RE: ALOHA LUMBER CORP TAHOLAH LOGGING UNIT TIMBER SALE CONTRACT NO.
1-101-IND-1766
DEAR SIR:
ON 671009 YOU ADVISED ALOHA LUMBER CORPORATION YOUR INTENTION TO
REVISE STUMPAGE RATES AND GRANTED TO ALOHA THIRTY DAYS, COMMENCING
001009, WITHIN WHICH TO ARRANGE WITH THE WESTERN WASHINGTON AGENCY
SUPERINTENDENT TO CONSULT. THEREAFTER, A MEETING WAS ARRANGED IN THE
PORTLAND AREA OFFICE FOR TUESDAY 001107.
UNFORTUNATELY, HOWEVER, THE BUREAU'S REPORT ENTITLED "TREND OF
ECONOMIC CONDITIONS RELATIVE TO REVISION OF STUMPAGE RATES" WAS NOT
RECEIVED BY THIS OFFICE UNTIL 001026. WE FIND THAT
WESTERN UNION TELEGRAM
The filing time shown in the date line on domestic telegrams is LOCAL
TIME at point of origin. Time of receipt is LOCAL TIME at point of
destination
671031
PR SEC349/2
WE ARE UNABLE TO COMPILE THE DATE NECESSARY TO RESPOND THERETO BY
001107 OR WITHING THE THIRTY DAYS STIPULATED IN YOUR TELEGRAM.
ACCORDINGLY, WE RESPECTFULLY REQUEST A THIRTY DAY EXTENSION OF TIME
WITHIN WHICH TO CONSULT AND A POSTPONEMENT OF OUR 001107 MEETING TO A
LATER DATE WITHIN THE EXTENSION PERIOD, WHICH DATE WE WILL SET WITH THE
WESTERN WASHINGTON AGENCY.
YOUR TELEGRAPHIC REPLY REQUESTED; IRWIN L. TREIGER BOGLE, GATES,
DORIN, WAKEFIELD & LONG
1-101-IND-T766 9 1967 9 7 26 77
HEL-009-1021-1022
HEL-009-1021-1022
COMM OF IND AFFAIRS BIA DOI WASH DC
671020
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
RECEIVED
671023
Forestry 339.5
ROTC - Taholah
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
671020
Aloha Lumber Corporation Aloha, Washington 98525
Gentlemen:
Enclosed are Reports of Timber Cut covering your operations in the
Taholah Logging Unit, Quinault Indian Reservation, for the month of
670900. Scale Reports for the same period are being sent under separate
cover.
Please send us, by return mail, your check for $100,000.00 to cover
current operations.
Sincerely yours,
(Sgd) George M. Felshaw Superintendent
Enclosures
cc: Portland Area Office w/ROTC - 2 each
HEL-009-1023-1023
HEL-009-1023-1023
ALOHA LUMBER CORP
671009
CORRESPONDENCE
HAVERLAND, F M BIA WASH DC
UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
AIR MAIL
NAME AND/OR SYMBOL (SEE BELOW)
YOUR INFORMATION
File 792-67 (WW (Taholah Unit)
Distribution of copies of US Attorney, Seattle, 9/29 letter re Aloha
Appeal (attached):
1. - IM--Deputy Asst. Secretary Vaughan
2. - Portland, A.D. - attn: Forestry
3. - Portland; Earle Wilcox.
PESkarra:wm
FROM CO
NAME AND/OR SYMBOL
Branch of Forestry Washington, D.C. 20242
DATE 671017
RECEIVED BUREAU OF INDIAN AFFAIRS WASHINGTON D.C.
671010
CONFIRMATION COPY
(63109 (63108 WLRPG
RAAUIJAZ RUEVDEG0006 2821530-UUUU--RUWLRPG. I0IA
FM F M HAVERLAND ACTING DEPUTY COMMSR BIA WASH DC
TO DALE M BALDWIN AREA DIR BIA PORTLAND ORE BT
/DUPE AND CORRECTED COPY/
FOLLOWING MESSAGE SENT TO ALOHA LUMBER CORPORATION AND SUPERINTENDENT
WESTERN WASHINGTON AGENCY. "IN ACCORDANCE WITH PROVISIONS OF SECTION 11
OF THE TAHOLAH LOGGING UNIT TIMBER SALE CONTRACT NO. I-101-IND-1766,
YOU ARE HEREBY NOTIFIED OF OUR INTENTION TO REVISE THE STUMPAGE RATES IN
ACCORDANCE WITH THE TREND OF ECONOMIC CONDITIONS IN THE WEST COAST
LOGGING AND LUMBERING INDUSTRY. YOU MAY ARRANGE WITH THE WESTERN
WASHINGTON AGENCY SUPERINTENDENT FOR CONSULTATION WITH THE APPROVING
OFFICER'S REPRESENTATIVE DURING A THIRTY-DAY PERIOD, BEGINNING WITH THE
DATE OF THIS MESSAGE, CONCERNING ANY FACTORS WHICH MAY BE PERTINENT TO
THE
PAGE TWO RUEVDEG0006 ESTABLISHMENT OF NEW STUMPAGE RATES." FOLLOWING
ADDITIONAL INFORMATION INCLUDED IN MESSAGE TO SUPERINTENDENT: "YOU
SHOULD NOTIFY THE CHAIRMAN OF THE TRIBAL COUNCIL OF THIS MESSAGE, AS
WELL AS ALLOTTEES WHO HAVE AN INTEREST IN THE TAHOLAH UNIT, THROUGH
GENERAL NOTICE, THAT THEY WILL BE ACCORDED CONSULTATION AT A TIME AND
PLACE SPECIFIED BY YOU DURING THE THIRTY-DAY PERIOD. EVERY EFFORT
SHOULD BE MADE TO CONCLUDE THE CONSULTATION AT THE EARLIEST PRACTICABLE
DATE."
IF CONSULTATIONS ARE REQUESTED BY PURCHASER OR ALLOTTEES, PLEASE
ARRANGE FOR YOUR SELF OR YOUR REPRESENTATIVE TO BE PRESENT AS THE
REPRESENTATIVE OF THE APPROVING OFFICER. A SUMMARY OF THE REVIEW OF
STUMPAGE RATES SHOULD BE PRESENTED TO THE PURCHASER AND THE INDIANS,
SUFFICIENTLY IN ADVANCE OF THE CONSULTATIONS TO ALLOW FOR PROPER STUDY.
YOU MAY ALSO FURNISH ANY OTHER DATA WHICH YOU BELIEVE WILL FACILITATE
THE CONSULTATIONS. UPON CONCLUSION OF THE CONSULTATIONS, YOU SHOULD
PROVIDE THIS OFFICE WITH THE RESULTS, AS WELL AS YOUR RECOMMENDATIONS.
BI AWE 1157AM
TNs. EIGHTH LINE OF TEXT FIRST WD RDS FOR RPI FOR VICE OR
09 WLRPG
RECEIVED BUREAU OF INDIAN AFFAIRS WASHINGTON D.C.
671009
CONFIRMATION COPY
63109
63109 WLRPG
RAAUIJAZ RUEVDEG0006 2821530-UUUU--RUWLRPG. I0IA
FM F M HAVERLAND ACTING DEPUTY COMMSR BIA WASH DC
TO DALE M BALDWIN AREA DIR BIA PORTLAND ORE
FOLLOWING MESSAGE SENT TO ALOHA LUMBER CORPORATION AND
SUPERINTENDENT, WESTERN WASHINGTON AGENCY. "IN ACCORDANCE WITH
PROVISIONS OF SECTION 11 OF THE TAHOLAH LOGGING UNIT TIMBER SALE
CONTRACT NO. I-101-IND-1766, YOU ARE HEREBY NOTIFIED OF OUR INTENTION
TO REVISE THE STUMPAGE RATES IN ACCORDANCE WITH THE TREND OF ECONOMIC
CONDITIONS IN THE WEST COAST LOGGING AND LUMBERING INDUSTRY. YOU MAY
ARRANGE WITH THE WESTERN WASHINGTON AGENCY SUPERINTENDENT FOR
CONSULTATION WITH THE APPROVING OFFICER'S REPRESENTATIVE DURING A
THIRTY-DAY PERIOD, BEGINNING WITH THE DATE OF THIS MESSAGE, CONCERNING
ANY FACTORS WHICH MAY BE PERTINENT TO THE
PAGE TWO RUEVDEG0006
ESTABLISHMENT OF NEW STUMPAGE RATES."
FOLLOWING ADDITIONAL INFORMATION INCLUDED IN MESSAGE TO
SUPERINTENDENT: "YOU SHOULD NOTIFY THE CHAIRMAN OF THE TRIBAL COUNCIL
OF THIS MESSAGE, AS WELL AS ALLOTTEES WHO HAVE AN INTEREST IN THE
TAHOLAH UNIT, THROUGH GENERAL NOTICE, THAT THEY WILL BE ACCORDED
CONSULTATION AT A TIME AND PLACE SPECIFIED BY YOU DURING THE THIRTY-DAY
PERIOD. EVERY EFFORT SHOULD BE MADE TO CONCLUDE THE CONSULTATION AT THE
EARLIEST PRACTICABLE DATE."
IF CONSULTATIONS ARE REQUESTED BY PURCHASER OR ALLOTTEES, PLEASE
ARRANGE FOR YOURSELF OR YOUR REPRESENTATIVE TO BE PRESENT AS THE
REPRESENTATIVE OF THE APPROVING OFFICER. A SUMMARY OF THE REVIEW OF
STUMPAGE RATES SHOULD BE PRESENTED TO THE PURCHASER AND THE INDIANS,
SUFFICIENTLY IN ADVANCE OF THE CONSULTATIONS TO ALLOW FOR PROPER STUDY.
YOU MAY ALSO FURNISH ANY OTHER DATA WHICH YOU BELIEVE WILL FACILITATE
THE CONSULTATIONS. UPON CONCLUSION OF THE CONSULTATIONS, YOU SHOULD
PROVIDE THIS OFFICE WITH THE RESULTS, AS WELL AS YOUR RECOMMENDATIONS.
BI
AWE 1157,AM
HEL-009-1024-1028
HEL-009-1024-1032
BALDWIN, D M BIA PORTLAND
671009
CORRESPONDENCE
HAVERLAND, F M BIA WASH DC
RECEIVED
671010
171204171204
171204 WLRAA
RAAUIJAZ RUEVDEG0005 2821530-UUUU--RUWLRAA.
101A
FM F M HAVERLAND ACTG DEP COMMSR BIA USDI WASHDC
TO GEORGE M FELSHAW SUPT BIA WESTERN WASHINGTON AGENCY EVERETT WASH
BT
/DUPE AND CORRECTED COPY/
FOLLOWING MESSAGE SENT TO ALOHA LUMBER COPRORATION. "IN ACCORDANCE
WITH PROVISIONS OF SECTION 11 OF THE TAHOLAH LOGGING UNIT TIMBER SALE
CONTRACT NO. I-101-IND-1766, YOU ARE HEREBY NOTIFIED OF OUR INTENTION TO
REVISE THE STUMPAGE RATES IN ACCORDANCE WITH THE TREND OF ECONOMIC
CONDITIONS IN THE WEST COAST LOGGING AND LUMBERING INDUSTRY. YOU MAY
ARRANGE WITH THE WESTERN WASHINGTON AGENCY SUPERINTENDENT FOR
CONSULTATION WITH THE APPROVING OFFICER'S REPRESENTATIVE DURING A
THIRTY-DAY PERIOD, BEGINNING WITH THE DATE OF THIS MESSAGE, CONCERNING
ANY FACTORS WHICH MAY BE PERTINENT TO THE ESTABLISHMENT OF NEW STUMPAGE
RATES." YOU SHOULD NOTIFY THE CHAIRMAN OF THE TRIBAL COUNCIL OF THIS
MESSAGE, AS WELL AS ALLOTTEES WHO HAVE AN INTEREST IN THE TAHOLAH UNIT,
THROUGH GENERAL NOTICE, THAT THEY WILL BE ACCORDED CONSULTATION AT A
TIME AND PLACE SPECIFIED BY YOU DURING THE THIRTY-DAY CONSULTATION
PERIOD. EVERY EFFORT SHOULD BE MADE TO CONCLUDE THE CONSULTATION AT THE
EARLIEST PRACTICABLE TIME.
BT
AWE 1142AM
RECEIVED
671010
RAAUIJAZ RUEVDEG0005 2821530-UUUU-RUWLRAA.
IOIA
FM F M HAVERLAND ACTG DEP COMMSR BIA USDI WASHDC
TO GEORGE M FELSHAW SUPT BIA WESTERN WASHINGTON AGENCY EVERETT WASH
BT
/DUPE AND CORRECTED COPY/
FOLLOWING MESSAGE SENT TO ALOHA LUMBER CORPORATION. "IN ACCORDANCE
WITH PROVISIONS OF SECTION 11 OF THE TAHOLAH LOGGING UNIT TIMBER SALE
CONTRACT NO. I-101-IND-1766, YOU ARE HEREBY NOTIFIED OF OUR INTENTION TO
REVISE THE STUMPAGE RATES IN ACCORDANCE WITH THE TREND OF ECONOMIC
CONDITIONS IN THE WEST COAST LOGGING AND LUMBERING INDUSTRY. YOU MAY
ARRANGE WITH THE WESTERN WASHINGTON AGENCY SUPERINTENDENT FOR
CONSULTATION WITH THE APPROVING OFFICER'S REPRESENTATIVE DURING A
THIRTY-DAY PERIOD, BEGINNING WITH THE DATE OF THIS MESSAGE, CONCERNING
ANY FACTORS WHICH MAY BE PERTINENT TO THE ESTABLISHMENT OF NEW STUMPAGE
RATES." YOU SHOULD NOTIFY THE CHAIRMAN OF THE TRIBAL COUNCIL OF THIS
MESSAGE, AS WELL AS ALLOTTEES WHO HAVE AN INTEREST IN THE TAHOLAH UNIT,
THROUGH GENERAL NOTICE, THAT THEY WILL BE ACCORDED CONSULTATION AT A
TIME AND PLACE SPECIFIED BY YOU DURING THE THIRTY-DAY CONSULTATION
PERIOD. EVERY EFFORT SHOULD BE MADE TO CONCLUDE THE CONSULTATION AT THE
EARLIEST PRACTICABLE TIME.
BT
AWE 1142AM
HEL-009-1029-1032
HEL-009-1024-1032
FELSHAW, G M W WASH AGENCY
671009
HAVERLAND, F M BIA WASH DC
WESTERN UNION
SENDING BLANK
CALL
LETTERS NDN-PD
CHARGE
TO B.I.A. RES.MGT.,1482201,1968 (2804.3)
ALOHA LUMBER COMPANY
AHOHA, WASHINGTON
671009
IN ACCORDANCE WITH PROVISIONS OF SECTION 11 OF THE TAHOLAH LOGGING
UNIT TIMBER SALE CONTRACT NO. I-101-IND-1766, YOU ARE HEREBY NOTIFIED OF
OUR INTENTION TO REVISE THE STUMPAGE RATES IN ACCORDANCE WITH THE TREND
OF ECONOMIC CONDITIONS IN THE WEST COAST LOGGING AND LUMBERING INDUSTRY.
YOU MAY ARRANGE WITH THE WESTERN WASHINGTON AGENCY SUPERINTENDENT FOR
CONSULTATION WITH THE APPROVING OFFICER'S REPRESENTATIVE DURING A
THIRTY-DAY PERIOD, BEGINNING WITH THE DATE OF THIS MESSAGE, CONCERNING
ANY FACTORS WHICH MAY BE PERTINENT TO THE ESTABLISHMENT OF NEW STUMPAGE
RATES.
F. M. Hayerland
(Sgd) F. M. Hayerland
Acting Deputy COMMISSIONER
Send the above message, subject to the terms on back hereof, which
are hereby agreed to
PLEASE TYPE OR WRITE PLAINLY WITHIN BORDER-DO NOT FOLD
1269-JR4567
Forestry 792-67
671009
MDM-PD
B.I.A. RKS. MGT., 1482201,1968 (1804.3)
ALOHA LUMBER COMPANY
AHOHA, WASHINGTON
IN ACCORDANCE WITH PROVISIONS OF SECTION 11 OF THE TAHOLAH LOGGING
UNIT TIMBER SALE CONTRACT NO. I-101-IND-1766, YOU ARE HEREBY NOTIFIED OF
OUR INTENTION TO REVISE THE STUMPAGE RATES IN ACCORDANCE WITH THE TREND
OF ECONOMIC CONDITIONS IN THE WEST COAST LOGGING AND LUMBERING INDUSTRY.
YOU MAY ARRANGE WITH THE WESTERN WASHINGTON AGENCY SUPERINTENDENT FOR
CONSULTATION WITH THE APPROVING OFFICER'S REPRESENTATIVE DURING A
THIRTY-DAY PERIOD, BEGINNING WITH THE DATE OF THIS MESSAGE, CONCERNING
ANY FACTORS WHICH MAY BE PERTINENT TO THE ESTABLISHMENT OF NEW STUMPAGE
RATES.
(Sgd) F. M. Haverland
COMMISSIONER
Acting Deputy
cc: Portland Area Office Western Washington Agency Office 300
Surname Mailroom Chrony Forestry Chrony Heldup
CEChester:jhb:671005
HEL-009-1033-1034
HEL-009-1033-1034
ALOHA LUMBER CO
671009
CORRESPONDENCE
HAVERLAND, F M BIA WASH DC
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C.
TELETYPE
1482201 RES. MGT., BIA, 1968 (1804.3)
671009
DALE M. BALDWIN, AREA DIRECTOR BUREAU OF INDIAN AFFAIRS PORTLAND,
OREGON
FOLLOWING MESSAGES SENT TO ALOHA LUMBER CORPORATION AND
SUPERINTENDENT, WESTERN WASHINGTON AGENCY. "IN ACCORDANCE WITH
PROVISIONS OF SECTION 11 OF THE TAHOLAH LOGGING UNIT TIMBER SALE
CONTRACT NO. I-101-IND-1766, YOU ARE HEREBY NOTIFIED OF OUR INTENTION
TO REVISE THE STUMPAGE RATES IN ACCORDANCE WITH THE TREND OF ECONOMIC
CONDITIONS IN THE WEST COAST LOGGING AND LUMBERING INDUSTRY. YOU MAY
ARRANGE WITH THE WESTERN WASHINGTON AGENCY SUPERINTENDENT FOR
CONSULTATION WITH THE APPROVING OFFICER'S REPRESENTATIVE DURING A
THIRTY-DAY PERIOD, BEGINNING WITH THE DATE OF THIS MESSGE, CONCERNING
ANY FACTORS WHICH MAY BE PERTINENT TO THE ESTABLISHMENT OF NEW STUMPAGE
RATES."
FOLLOWING ADDITIONAL INFORMATION INCLUDED IN MESSAGE TO
SUPERINTENDENT: "YOU SHOULD NOTIFY THE CHAIRMAN OF THE TRIBAL COUNCIL
OF THIS MESSAGE, AS WELL AS ALLOTTEES WHO HAVE AN INTEREST IN THE
TAHOLAH UNIT, THROUGH GENERAL NOTICE, THAT THEY WILL BE ACCORDED
CONSULTATION AT A TIME AND PLACE SPECIFIED BY YOU DURING THE THIRTY-DAY
PERIOD. EVERY EFFORT SHOULD BE MADE TO CONCLUDE THE CHARLES E. CHESTER,
BRANCH OF FORESTRY
343-3163
1:30 p.m.
671005
CONSULTATION AT THE EARLIEST PRACTICABLE DATE."
IF CONSULTATIONS ARE REQUESTED BY PURCHASER OR ALLOTTEES, PLEASE
ARRANGE FOR YOURSELF OR YOUR REPRESENTATIVE TO BE PRESENT AS THE
REPRESENTATIVE OF THE APPROVING OFFICER. A SUMMARY OF THE REVIEW OF
STUMPAGE RATES SHOULD BE PRESENTED TO THE PURCHASER AND THE INDIANS,
SUFFICIENTLY IN ADVANCE OF THE CONSULTATIONS TO ALLOW FOR PROPER STUDY.
YOU MAY ALSO FURNISH ANY OTHER DATA WHICH YOU BELIEVE WILL FACILITATE
THE CONSULTATIONS. UPON CONCLUSION OF THE CONSULTATIONS, YOU SHOULD
PROVIDE THIS OFFICE WITH THE RESULTS, AS WELL AS YOUR RECOMMENDATIONS.
(Sgd) F. M. Haverland Acting Deputy COMMISSIONER
cc: Western Washington Agency Surname Forestry Chrony Mailroom
chrony
CEChester:jhb:670510
HEL-009-1036-1037
HEL-009-1036-1037
BALDWIN, D M BIA PORTLAND
671006
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
RECEIVED
671009
IN REPLY REFER TO:
Forestry 62-10-22 - 339.5 Taholah Stumpage Revaluation
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
671006
AIRMAIL
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Branch of Forestry
Sir:
Enclosed are pages which correct the revision of stumpage rates,
Taholah Logging Unit, Quinault Reservation, transmitted with our letter
of 670929.
The corrections concern the grade percent recovery in 660000 for
hemlock species.
Sincerely yours,
AW Galbraith A. W. Galbraith Assistant Area Director (Economic
Development)
Enclosures (4)
cc: Supt., Western Washington Agency w/enclosures (4) Hoquiam
Subagency w/enclosures (4)
Correct Revision of Stumpage Rates
Table not keyed, see original
EXHIBIT M-2
Trend of Average Log Grade Prices in the Grays-Willapa Harbor Market
Area as Related to Taholah Unit Stumpage; Arithmetical Ave. Exclud.
Mixed Grades-Contd.
Table not keyed, see original
EXHIBIT C-2
Trend of Average Log Grade Prices in the Combined Puget Sound-Grays
Willapa Harbor; Columbia River Market Areas as Related to the Taholah
Unit Stumpage; Wtd. Average Excluding Mixed Grades - Contd.
Table not keyed, see original
EXHIBIT B-2
Examination of production and employment to the logging industry,
Grays Harbor Area, indicates the cost of producing logs has been
relatively stable over the last few years. Labor cost increases, a
major part of logging cost increases, have evidently been offset by
increase in labor productivity. A similar indication can be drawn from
the West Side Logging Cost Guides developed by the U. S. Forest Service
and the stump to truck cost sample statistics. Mean cost truck to stump
for the years 620000 through 660000 experience are:
620000 - $14.80
630000 - $15.70
640000 - $15.75
650000 - $17.32 (15.57)
660000 - $17.28 (15.53)
The 650000 and 660000 statistics include the costs of scaling, fire
protection and unmerchantable timber felling not included in previous
years' data. These costs are approximately $1.75.
Logging costs 1/ used in arriving at the indicated stumpage rates
were obtained from the U. S. Forest Service Handbook of Timber
Appraisal, Chapter 415. Since the Handbook does not allow for the
handling of logs for export, costs were examined at three sorting yards
to arrive at a cost factor. Logging costs were then increased to the
extent of reported export log sales. Exhibit L shows the resulting
sorting cost by log grade.
Adjustment of stumpage rates indicated for the Taholah Logging Unit
are:
Table not keyed, see original
HEL-009-1038-1046
HEL-009-1038-1046
COMM BIA WASH DC
670929
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
Forestry-339.5 Taholah Finan. St.
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670929
Aloha Lumber Corporation Subsidiary of Evans Products Co. Aloha,
Washington 98525
Gentlemen:
For the past several months personnel from the Hoquiam and Portland
Offices have received verbal commitments that your annual financial
statement pertaining to operations on the Taholah Logging Unit for the
year ended 661231 would be completed and sent to us.
As of this date, we have not received a financial statement for the
year ended 661231. Section 25 of the Timber Contract requires the
submission of a financial statement as soon as possible after the close
of each calendar year, and in any event, not later than 000415
following.
Your immediate attention to this matter would be appreciated.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
cc - Br. of Forestry, PAO Hoquiam Subj
Chrono Everett Forestry Mailroom
Mr. Gordon DWClark:kf
HEL-009-1047-1047
HEL-009-1047-1047
ALOHA LUMBER CORP
670229
CORRESPONDENCE
HADLEY, K W BIA PORTLAND
RECEIVED
671002
IN REPLY REFER TO: Forestry 62-10-22 - 339.5 Taholah Stumpage Reval.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND, OREGON 97208
670929
AIRMAIL
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Branch of Forestry
Sir:
We are enclosing a report pertaining to the trend of economic
conditions as it relates to the Taholah Logging Unit timber contract.
In our judgment conditions in the West Coast logging and lumbering
industry have changed to such an extent that stumpage adjustments are
warranted.
We recommend you notify the Purchaser and Indians in General Council
of intention to revise the stumpage rates under Contract No.
I-101-Ind-1766 in accordance with the trend of economic conditions in
the West Coast logging and lumbering industry. We suggest such notice
establish a 30-day period during which the Purchaser and Indians may
arrange through the Superintendent for consultation with the Approving
Officer's representative concerning any factors which may be pertinent
to the establishment of new stumpage rates.
In accordance with past procedures upon conclusion of the
consultation a report containing our specific recommendations will be
submitted to your office.
Indicated stumpage rates are shown by species and by log grade. We
are hopeful that a monthly stumpage rate for each species, derived from
actual log grade recovery for each month, may be used as requested in
our letters of 670424 and 670614.
Sincerely yours,
Kenneth W Hadley Acting Assistant Area Director
Enclosures (2)
cc: Supt., Western Washington Agency w/enclosure Hoquiam Subagency
w/enclosure
TREND OF ECONOMIC CONDITIONS RELATIVE TO REVISION OF STUMPAGE RATES
Section 11 of the Taholah Logging Unit Timber Contract, Quinault
Reservation, provides for adjustment of stumpage rates when in the
opinion of the Approving Officer they do not properly reflect the true
market value of the stumpage. Stumpage rates were adjusted most
recently for effective date 670101, and are the subject of an appeal to
the courts by the Purchaser. Since then market conditions have changed
to the extent that current adjustment of stumpage rates are warranted.
The information and exhibits provided herein examine the trend of
economic conditions in the West Coast forest products industries and
support the stumpage adjustment action.
The average log values by grade for the combined Puget
Sound-Grays-Willapa Harbor Districts for the third quarter of 650000 and
the second quarter of 670000 reveal the following changes in log market
prices:
Table not keyed, see original
Exhibits A-1, A-2, and A-3 relate to the average computed log values
of the timber covered by this contract based on combined 2nd quarter
670000 Puget Sound-Grays-Willapa Harbor District prices and percentage
log grade recovery from the Taholah Unit during Calendar Year 660000. A
summation of the changes since the previous adjustment based on 3rd
quarter 650000 conditions follows:
Table not keyed, see original
Exhibit B reveals the change between the 3rd quarter of 650000 and
the 2nd quarter of 670000 in the average prices paid for logs in the
combined Puget Sound-Grays-Willapa Harbor-Columbia River Market
Districts. Exhibit C reveals the comparable price change which has
occurred in the Grays-Willapa Harbor District. A summary of these
changes follows:
Increase Between 3rd Qtr. 650000 and 2nd Qtr. 670000
Table not keyed, see original
The export log market continues to influence log market prices
throughout the West Coast forest product industry. The percentages of
log sales reported as export for the Grays-Willapa Harbor and Puget
Sound Districts by I.F.A. show large increases between the 3rd quarter
650000 and 2nd quarter 670000. The increased export activity is shown
in Exhibit D and is summarized below. Cedar and hemlock are the
principle species on the Taholah Unit.
Table not keyed, see original
Prior to the adjustments of stumpage rates put into effect 660101,
changes in the ratios of stumpage to average log prices were made
effective 641201. The ealier adjustments were based on studies
reflecting conditions existing during the second quarter of 640000.
Some additional trends of economic conditions in the West Coast forest
products industries which have occurred since the 660000 adjustments are
shown below:
Table not keyed, see original
Examination of production and employment to the logging industry,
Grays Harbor Area, indicates the cost of producing logs has been
relatively stable over the last few years. Labor cost increases, a
major part of logging cost increases, have evidently been offset by
increase in labor productivity. A similar indication can be drawn from
the West Side Logging Cost Guides developed by the U. S. Forest Service
and the stump to truck cost sample statistics. Mean cost truck to stump
for the years 620000 through 660000 experience are:
620000 - $14.80
630000 - $15.70
640000 - $15.75
650000 - $17.32 (15.57)
660000 - $17.28 (15.53)
The 650000 and 660000 statistics include the costs of scaling, fire
protection and unmerchantable timber felling not included in previous
years data. These costs are approximately $1.75.
Logging costs 1/ used in arriving at the indicated stumpage rates
were obtained from the U. S. Forest Service Handbook of Timber
Appraisal, Chapter 415. Since the Handbook does not allow for the
handling of logs for export, costs were examined at three sorting yards
to arrive at a cost factor. Logging costs were then increased to the
extent of reported export log scales. Exhibit L shows the resulting
sorting cost by log grade.
Adjustment of stumpage rates indicated for the Taholah Logging Unit
are:
Table not keyed, see original
By log grade indicated stumpage rates are:
Table not keyed, see original
TAHOLAH IFA 2ND QUARTER 670000 ARITHMETIC AVERAGE LOG VALUES PUGET
SOUND-GRAYS-WILLAPA HARBOR DISTRICTS INCLUDING MIXED GRADES
Table not keyed, see original
TAHOLAH UNIT
LOG PRICE TREND
Table not keyed, see original
TAHOLAH UNIT
QUALITY CHANGE
Table not keyed, see original
Trend of Average Log Grade Prices in the Combined Puget
Sound-Grays-Willapa Harbor-Columbia River Market Areas as Related to the
Taholah Unit Stumpage Wtd. Average Excluding Mixed Grades
Table not keyed, see original
Trend of Average Log Grade Prices in the Grays-Willapa Harbor Market
Area as Related to Taholah Unit Stumpage--Arithmetical Ave. Exclud.
Mixed Grades
Table not keyed, see original
COMBINED REPORTINGS OF I.F.A. FOR PUGET SOUND--GRAYS-WILLAPA HARBOR
DISTRICTS SHOWING TOTAL VOLUME AND PERCENT OF EXPORT
Table not keyed, see original
Average Realization on West Coast Lumber Shipments. (Total Avg.
realization on lumber shipments from the Douglas-fir Region of Western
Washington, Western Oregon, and Northern California.)
Table not keyed, see original
WHOLESALE PRICE INDEXES - U.S.D.L. (08-13-61.06) Cedar Bevel Siding
Clear (1957-59=100)
Table not keyed, see original
WHOLESALE PRICE INDEXES - U.S.D.L. (08-13-66.06) Cedar Shingles No.
1 (1957-59=100)
Table not keyed, see original
WESTERN REDCEDAR
Index Price per MBM (Based on Lumber Prices Reported in Random
Lengths)
Table not keyed, see original
WESTERN REDCEDAR SHINGLE INDEX PRICES NO. 2 LOG PER MBM LOG SCALE
(Based on Prices Published in Random Lengths)
Table not keyed, see original
WESTERN HEMLOCK Index Price per MBM (Based on Lumber Prices Reported
in Random Lengths)
Table not keyed, see original
TAHOLAH LOGGING UNIT LOGGING COSTS
Table not keyed, see original
EXHIBIT K-1
AVERAGE RELOAD AND SORTING COSTS (Based on three yards and as related
to percent of export)
Table not keyed, see original
EXHIBIT L
Indicated Stumpage Rates by Log Grade, Taholah Logging Unit, and
Weighted Average Rate by Species Determined from 2nd Quarter 670000 1/
Log Prices and 660000 Cost Data.
Table not keyed, see original
EXHIBIT M-1
TREND OF ECONOMIC CONDITIONS RELATIVE TO REVISION OF STUMPAGE RATES
Section 11 of the Taholah Logging Unit Timber Contract, Quinault
Reservation, provides for adjustment of stumpage rates when in the
opinion of the Approving Officer they do not properly reflect the true
market value of the stumpage. Stumpage rates were adjusted most
recently for effective date 670101, and are the subject of an appeal to
the courts by the Purchaser. Since then market conditions have changed
to the extent that current adjustment of stumpage rates are warranted.
The information and exhibits provided herein examine the trend of
economic conditions in the West Coast forest products industries and
support the stumpage adjustment action.
The average log values by grade for the combined Puget
Sound-Grays-Willapa Harbor Districts for the third quarter of 650000 and
the second quarter of 670000 reveal the following changes in log market
prices:
Table not keyed, see original
Exhibits A-1, A-2, and A-3 relate to the average computed log values
of the timber covered by this contract based on combined 2nd quarter
670000 Puget Sound-Grays-Willapa Harbor District prices and percentage
log grade recovery from the Taholah Unit during Calendar Year 660000. A
summation of the changes since the previous adjustment based on 3rd
quarter 650000 conditions follows:
Table not keyed see original
Exhibit B reveals the change between the 3rd quarter of 650000 and
the 2nd quarter of 670000 in the average prices paid for logs in the
combined Puget Sound-Grays-Willapa Harbor-Columbia River Market
Districts. Exhibit C reveals the comparable price change which has
occurred in the Grays-Willapa Harbor District. A summary of these
changes follows:
Table not keyed, see original
Increase Between 3rd Qtr. 650000 and 2nd Qtr. 670000
The export log market continues to influence log market prices
throughout the West Coast forest product industry. The percentages of
log sales reported as export for the Grays-Willapa Harbor and Puget
Sound Districts by I.F.A. show large increases between the 3rd quarter
650000 and the 2nd quarter 670000. The increased export activity is
shown in Exhibit D and is summarized below. Cedar and hemlock are the
principle species on the Taholah Unit.
Table not keyed, see original
Prior to the adjustments of stumpage rates put into effect 660101,
changes in the ratios of stumpage to average log prices were made
effective 641201. The earlier adjustments were based on studies
reflecting conditions existing during the second quarter of 640000.
Some additional trends of economic conditions in the West Coast forest
products industries which have occurred since the 660000 adjustments are
shown below:
Table not keyed, see original
Examination of production and employment to the logging industry,
Grays Harbor Area, indicates the cost of producing logs has been
relatively stable over the last few years. Labor cost increases, a
major part of logging cost increases, have evidently been offset by
increase in labor productivity. A similar indication can be drawn from
the West Side Logging Cost Guides developed by the U. S. Forest Service
and the stump to truck cost sample statistics. Mean cost truck to stump
for the years 620000 through 660000 experience are:
620000 - $14.80 630000 - $15.70 640000 - $15.75 650000 - $17.32
(15.57) 660000 - $17.28 (15.53)
The 650000 and 660000 statistics include the costs of scaling, fire
protection and unmerchantable timber felling not included in previous
years' data. These costs are approximately $1.75.
Logging costs 1/ used in arriving at the indicated stumpage rates
were obtained from the U. S. Forest Service Handbook of Timber
Appraisal, Chapter 415. Since the Handbook does not allow for the
handling of logs for export, costs were examined at three sorting yards
to arrive at a cost factor. Logging costs were then increased to the
extent of reported export log sales. Exhibit L shows the resulting
sorting cost by log grade.
Adjustment of stumpage rates indicated for the Taholah Logging Unit
are:
Table not keyed, see original
By log grade indicated stumpage rates are:
Table not keyed, see original
HEL-009-1048-1100
HEL-009-1048-1100
COMM OF IND AFFAIRS BIA WASH DC
670821
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry 339.5 ROTC - Taholah
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670821
Aloha Lumber Corporation Aloha, Washington 98525
Gentlemen:
Enclosed are Reports of Timber Cut covering your operations in the
Taholah Logging Unit for the month of 670700. Scale Reports for the
same period are being sent under separate cover.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosures
cc: Portland Area Office w/ROTC - 2 each Hoquaim Forestry w/ROTC - 1
each
HEL-009-1101-1101
HEL-009-1101-1101
ALOHA LUMBER CORP
670718
CORRESPONDENCE
TRIBAL OPS ASST
670718
Memorandum
To: Chief, Branch of Tribal Operations
From: Tribal Operations Assistant
Subject: Quinault Delegation - Week of 000710
Delegates
Mr. James Jackson, Tribal Council President Mrs. Helen Mitchell
Others who accompanied the delegation
Mr. George M. Felshaw, Superintendent, Western Washington Agency Mr.
Charles Hobbs, Tribal Attorney
During their visit to Washington, the delegates attended hearings on
the Indian Resources Development Bill. They met with the Economic
Development Administration to consider funding for a tribal mill to
produce wood chips. They also met with the Washington Congressional
Delegation. The following is a summary of the meetings I attended with
the delegates:
Commissioner -- 7-12
During this meeting, a number of staff people were called in to
discuss topics relating to their speciality. The following were in
attendance:
Mr. Richmond Allen, Solicitor's Office Mr. Charles Seller,
Solicitor's Office Mr. William Schlick, Assistant to the Commissioner
Mr. Perry Skarra, Forestry Mr. William Benge, Law and Order
Timber Contract
The tribe's decision to enter the suit against Evans Products
Corporation was discussed. The need for a separate attorney contract to
pursue this suit was questioned by Mr. Allen. The tribal attorney
explained that the tribe's general counsel contract did not provide for
a legal case of such magnitude.
The Quinault Tribe is supported in its position to enter the suit by
many allottees who are not tribal members. Such allottees will pay
their share of legal costs through a lien against the value of future
timber sales, according to Mr. Hobbs.
Mr. Allen questioned the need for a tribal attorney in this case
since the Department of Justice will be representing the tribe. Mr.
Hobbs explained that it was by tribal request that he is now considering
the execution of a new contract to represent the Quinaults in this suit.
Mr Jackson felt that a tribal attorney could help avoid possible delays
in considering this case. The tribe intends to take the same position
as the Bureau and the Justic Department, but plans to use its attorney
to go even further.
Commissioner Bennett suggested the delegates meet with the Branch of
Tribal Operations to consider a contract for such legal services.
Foreign Market
In an effort to market timber that is not suitable for saw logs, the
Quinaults have considered construction of a conversion plant to reduce
such raw material to wood chips. There is an increasing demand for such
a product on the foreign market.
Mr. Jackson explained the tribe's plan to acquire allotted lands so
that the timber on the reservation could be managed as a single unit.
Mr. Skarra indicated that the land was best suited for timber. The
long-range management of such a resources does not lend itself to small
plots of allotted land. He agreed that land consolidation under tribal
ownership would allow participation in such programs as Accelerated
Public Works for reforestation.
Construction of the proposed wood chip plant would depend upon
securing adequate financing and the transfer of allotted land to tribal
ownership. Mr. Bennett suggested that Mr. Schlick assist the delegates
in contacting the Economic Development Administration concerning the
funding of a wood chip plant. Mr. Bennett felt that arrangements could
be made to effect the transfer of allotted land to tribal ownership if
EDA gave any encouragement for funding this project.
Mr. Jackson told of the abundance of waste logs remaining following
logging operations where stumpage has been sold. He questioned the
legality of using such material for conversion to wood chips. The
delegates were told that an adjustment in the contract could be arranged
to avoid any possible difficulty.
Law and Order
Mr. Bennett told of a request from Senator Haley's committee asking
the BIA to request a supplemental appropriation for the improvement of
law and order programs. This has been drawn up for inclusion in the
budget.
Mr. Jackson traced the history of law and order jurisdiction on the
Quinault Reservation from the early 500000's. Feeling of resentment
over efforts to effect state jurisdiction are held by many Quinault
Indians, according to the delegates. Mr. Jackson asked for an
investigation of the matter so that a decision could be made soon to
settle the question.
Mr. Benge indicated that a lawsuit by the Federal Government and the
State of Washington would do much to clarify the situation. Declaratory
judgment action by the Department of Justice has been suggested by the
Secretary of the Interior. However, the Justice Department questioned
whether this is the proper time to take such action, according to Mr.
Allen.
Mr. Benge assured Superintendent Felshaw that the failure of the
Department of Justice to act on the law and order problem has no
relationship to the approval of the tribe's proposed law and order code.
The tribal code will soon be approved with minor changes, according to
Mr. Benge.
Commissioner Bennett suggested the tribe pass a resolution outlining
its proposals on law and order and forward it through channels.
Recommendations from the tribe, the Superintendent and the Area Director
will be considered for further suggestions to the Departments of the
Interior and Justice.
Mr. Jackson questioned the state's authority to control fishing on
the reservation by non-Indians who hold valid tribal permits. He told
of non-Indians being arrested by state game wardens for fishing on the
reservation because they did not possess & valid state fishing license.
The game wardens maintain that a state license is required in addition
to the tribal permit for non-Indians.
Mr. Allen felt there would be sufficient grounds to support a court
case against such practice. However, Mr. Bennett stated there was
nothing at present to prevent state game wardens from patrolling the
Lake and controlling the fishing of non-Indians.
Deputy Assistant Secretary, PIM 7-12
Mr. Robert E. Vaughan
Mr. Jackson opened the meeting by expressing the tribe's displeasure
with the decision handed down on the Evans Products contract. Mr.
Vaughan stated that he is prepared to modify the decision as suggested
by the tribal resolution and the Branch of Forestry. Allottees would,
therefore, continue to receive payment for timber based on scale and
grade by species.
Mr. Jackson felt that a reduction in stumpage prices would result
from the use of current contract provisions. Mr. Vaughan referred to
the BIA timber survey which showed that the same proportions of timber
grades remain as those already cut. Therefore, Mr. Vaughan felt the
price would remain about the same. Mr. Jackson then indicated the
tribe's intent to appeal the Secretary's decision, should the stumpage
prices go much lower. Mr. Vaughan indicated this could be done at any
time, but his position would remain the same.
The tribe's decision to enter the suit against the Evans Products
Corp. was announced by Mr. Jackson. More than 100 allottees have agreed
to support the tribe's position. Mr. Vaughan urged the delegates to
discuss this with the attorneys during their time in Washington D. C.
He suggested that a fixed fee would be more desirable than a contigency
arragement.
Mr. Felshaw asked whether the tribe would be interferring with the
Federal Government's position by entering the suit. Mr. Vaughan
explained that the Quinault's participation in the suit could complicate
matters because they would be adding one more issue to the case in
addition to the three issues raised by the Evans Products Corp. The
tribe plans to include the question of grade recovery in its legal
action.
(ILLEGIBLE)
Tribal Operations Assistant
Noted: (Sgd) Leslie N. Gay Acting Chief, Branch of Tribal Operations
Copies to:
Area Director, Portland Supt., Western Washington Agency President,
Quinault Tribal Council 100 101 102 107 136 301 330 340 350 380 400 PIM
- Robert Vaughan
HEL-009-1102-1106
HEL-009-1102-1106
CHIEF TRIBAL OPS
670714
CORRESPONDENCE
MIRACLE, K R W WASH AGENCY
Forestry 339.5 ROTC - Taholah
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670714
Aloha Lumber Corporation
Aloha, Washington 98525
Gentlemen:
Enclosed are Reports of Timber Cut covering your operations in the
Taholah Logging Unit for the month of 670600. Scale Reports for the
same period are being sent under seperate cover.
Sincerely yours, Sgd. Kenneth R. Miracle Kenneth R. Miracle Forester
Enclosures
cc: Portland Area Office w/ROTC - 2 each Hoquiam Forestry w/ROTC - 1
each
HEL-009-1107-1107
HEL-009-1107-1107
ALOHA LUMBER CORP
710909
CORRESPONDENCE
FOX, L
710909
340 -
Attn: Mrs. W. Martin Please insert this CORRES. into Part-1 of
792-67-339, W. Washington
Thanx
M. L. Fox
HEL-009-1108-1108
HEL-009-1108-1123
MARTIN, W
670620
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry 339.5 ROTC - Taholah
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670620
Aloha Lumber Corporation Aloha, Washington 98525
Gentlemen:
Enclosed are Reports of Timber Cut covering your operations in the
Taholah Logging Unit, Quinault Indian Reservation, for the month of
670500. Scale Reports for the same period are being sent under separate
cover.
Please send us, by return mail, your check for $200,000 to cover
anticipated operations in the Taholah Unit.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosures
cc: Portland Area Office - w/ROTC - 2 each Hoquiam Field Station -
Forestry w/ROTC - 1 each
History of Scaling Practice on the Taholah Logging Unit As It
Affected Stumpage Rates
Contract No. I-101-IND-1766 covering timber on the Taholah Logging
Unit was approved by the Secretary of the Interior on 500512. Section
15 of the contract provides in part "# # # PROVIDED, that all timber on
this unit must be cut and paid for prior to the contract expiration
date; that he will pay for, as merchantable timber, pieces twelve feet
and longer, will utilize the trees to a diameter of 10 inches in the
tops where straight and sound, and will pay for all timber except cedar
poles on the basis of a scale recognizing 32 feet as a maximum length of
a single log; and that all logs will be considered merchantable as
provided in the attached General Timber Sale Regulations except that
hemlock and amabilis fir must be one-half or more sound."
Section 18 of the General Timber Sale Regulations states in part "# #
# Logs exceeding the maximum length allowed by the contract will be
scaled as two or more logs, with proper allowance for the increase in
diameter at the points of division."
On 560321, the Assistant Secretary of the Interior approved a
modification of the Taholah contract which specified in Section 7 of the
modification, "It is further agreed that in lieu of the scaling
procedure stipulated in the General Timber Sale Regulations, the
Commissioner of Indian Affairs hereinafter called the Commissioner, in
his discretion and for such period as he may elect, may require that
logs cut under this contract shall 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 scalers employed by the Bureau of Indian Affairs, of
material that is not delivered to the point of bureau scaling. Should
the Commissioner intend to change from one scaling procedure to the
other, he shall notify the Purchaser in writing not less than thirty
days prior to the effective date of such change. The following general
conditions shall apply to bureau scaling. The purchaser shall furnish
the Superintendent with a list of State registered log brands which
shall be reserved for exclusive use on logs cut under this contract
during the entire period the contract is in force, including all
extensions thereof, and for six months after its termination.
Sufficient brands shall be reserved to provide a separate brand for
every allotment from which logs may be taken simultaneously during any
period of operations.
"Upon notification by the Commissioner that the services of the
Scaling Bureau are required, the purchaser shall enter into an
appropriate agreement with said Bureau for the performance of all
necessary scaling and reporting services, and shall promptly submit to
the Commissioner certified copies of such agreement in triplicate.
"The agreement shall provide for the prompt scaling of all material
upon delivery to the place of scaling. It shall also provide for prompt
submission to the Superintendent of certified copies of each and every
scale report, showing the species, volume, grade, and brand of each log
scaled; with such safeguards being included in the agreement as the
Commissioner may deem necessary to insure an accurate accounting to the
Superintendent of all logs that are presented to the Scaling Bureau for
Scaling.
"The Scaling Bureau's rules respecting scaling, grading and
merchantability shall apply.
"The purchaser shall pay the Scaling Bureau for all services rendered
by it under the agreement.
"No logs shall be moved from the place of scaling until they have
been scaled.
"Customary methods employed by the Scaling Bureau for indicating
completion of the scaling shall be accepted in lieu of the numbering and
stamping of logs stipulated in Section 22 of the General Timber Sale
Regulations."
Sections 8 and 9 of the modification, which also relate to the
scaling change, read as follows:
"8. It is further agreed that because of basic differences in
scaling practices of the Scaling Bureau and the Bureau of Indian
Affairs, adoption of Scaling Bureau scaling practices may result in a
difference in volume of saw timber scaled. Therefore, it is agreed that
the Bureau of Indian Affairs will conduct a study to determine whether a
difference in volume will result from adoption of Scaling Bureau
practices and if it is found that an appreciable difference will result,
the percentage relationships that the stumpage rates for saw timber bear
to weighted average log prices, as set forth in Section 8 of the
original contract, shall be revised to compensate for such differences
in volume before Scaling Bureau Services will be required."
"9. It is further agreed that if ratios are revised as a result of
studies made as provided in Section 8 of this modification of contract,
the revised ratios shall be in effect after Bureau scale is adopted
except as otherwise provided in Section 10 of the original contract and
all saw timber cut under this contract after adoption of said Bureau
Scale shall be scaled in accordance with Scaling Bureau practices
whether scaled by the Scaling Bureau or by the Bureau of Indian
Affairs."
In accordance with Section 8 of the Modification, the Bureau
conducted a study of the indicated difference which might be expected to
occur in the volume determination as a result of a change to scaling by
the Grays Harbor Log Grading & Scaling Bureau. As a result of this
study, the following adjustment of ratios (approximately 12.5 percent
increase) became effective in 560700:
Table not keyed, see original
The adjusted ratios remained in effect until 570401, at which time
the ratios were again adjusted upwards. The manner in which this
adjustment was arrived at was very complex starting with changes in log
market prices between first quarter of 500000 and fourth quarter 560000,
and in the final analysis the further change in log market prices
between the fourth quarter of 560000 and 570100 was considered
In this adjustment, one of the approaches indicating trend stumpage
rates included the 12.5 percent adjustment for the scaling change (see
Table III of initial report covering that adjustment). The final
determination of new ratios establishing stumpage rates included a great
deal of personal judgment and it would be difficult to prove that the
scaling differential was not considered in making the final
determination.
The next adjustment of the ratio became effective 580401. The
adjustments were for the most part downward. As in the previous
adjustment report, one of the approaches indicating trended stumpage
rates included the 12.5 percent adjustment for the scaling change. The
table on page 15 of the report relating to this adjustment is shown
below:
Table not keyed, see original
In view of the various approches used in arriving at the "Recommended
rates," it is not possible to conclude that the 12.5 percent scaling
differential factor was not considered in this adjustment. The ratios
determined in this adjustment stayed in effect until 600701.
The ratio adjustment made effective 600701, in general followed the
same procedure used in the three preceding ratio adjustments. The
report indicates consideration of three major factors in determining the
ratio adjustment. These factors were listed as follows:
1. Changes in conditions as indicated by trend and by a change in
scaling practices.
2. Changes in quality of logs.
3. Direct appraisal.
In the final determination of the ratios put into effect 600701, it
might be argued that the effect of the change in scaling practice was
not properly reflected in the determination. However, it would be
difficult to argue that it was not considered.
This adjustment was the basis of an appeal to the Secretary by the
Purchaser. The Secretary's response to this appeal served as the
foundation for the stumpage adjustments made effective 641201, and
660101.
By letter dated 64603, the Secretary advised the Aloha Lumber
Corporation as follows in his conclusion:
"Far from being arbitrary and capricious there is a substantial
record relied on by the Commissioner that supports his finding and
decision. It is a reasonable basis for his action and I am in
substantial agreement with his conclusions. Therefore, I am denying
your appeal and confirming the action taken by the Commissioner 600630
making adjustments in stumpage to log price ratios pursuant to terms of
Section 10 of the Taholah Timber Sales Contract No. I-101-IND-1766."
It is pertinent to note on page 3 of the Secretary's Decision the
following reference to the change in scaling procedures relating to the
stumpage rates established:
"Changes in the character of operations were found relating to
changes in the scaling procedures, changes in the quality of logs and
changes in species composition resulting from the development of the
particular timber."
It would appear the Bureau contended the change in scaling procedure
was included in the determination of rates established 600701 and the
Secretary confirmed that it was. If such an allowance was included in
that adjustment and our adjustments made effective 641201, and 660101,
were based on changes subsequent to the 600000 adjustment, it would
appear that the change in scaling procedures would not be a factor in
considering Aloha's Appeal to the rates made effective 660101.
HEL-009-1109-1115
HEL-009-1108-1123
ALOHA LUMBER CORP
670619
CORRESPONDENCE
ACT ASST SUPT
670619
G. M. Felshaw, Superintendent
Acting Assistant Superintendent
Quinault Tribal Meeting - Taholah, Washington - 670616
On 000616, Messrs. Earle Wilcox and Kenneth Hadley of the Portland
forestry staff and I attended the Quinault Tribal meeting at the public
school at Taholah. Mr. James Jackson, President, called the meeting to
order at approximately 7:45 p.m.
The first item discussed was the law and order jurisdictional problem
of State vs Federal on the Quinault Reservation. Mr. Jackson said it
was his feeling that the Federal Government should administer and handle
law and order matters on the reservation; the State has no rights to do
this, and they would pursue this problem further with their attorneys
and the Bureau of Indian Affairs.
The second order of business was the Supervised Land Sale Program.
Mr. Jackson stated that he would like to set aside $100,000 from
judgment funds for use in purchasing tracts of land for the Tribe.
Discussion from the floor brought out the fact that this amount may not
purchase many tracts since many of the allotments with considerable
merchantable timber on them would, perhaps, be valued in excess of
$50,000. Mr. Francis McCrory made a motion that the amount of $100,000
be used for this purpose. The motion was seconded with a vote of 42 in
favor and none against.
The third item on the agenda was the status of the current appeal of
stumpage rates on the Taholah Logging Unit by the Aloha Lumber
Corporation. Mr. Wilcox gave a lengthy explanation of the background,
what had transpired to date and the Bureau's feeling and position in
this matter. Allottees reactions to the appeal were presented primarily
by Mr. Jackson, Mr. Albert Reed, Mrs. Helen Mitchell, Mr. James Bryson,
Mrs. Carolyn Peterson, Mr. Francis McCrory and Mrs. Rachel Johnson. Mr.
Jackson told the audience that the Tribe should enter the suit that was
filed in Federal Court with the Bureau of Indian Affairs against the
Aloha Lumber Corporation and Evans Products Company; he also expressed
an opinion that an injunction should be obtained against Evans Products
Company. A motion was made and seconded to have the Tribe enter the
suit with the Bureau of Indian Affairs. The vote received was 48 for
and none against. It was also suggested that the heirs or owners of the
alloted lands consider doing likewise. Another motion was made and
seconded to support the Bureau's position on their stand for one
stumpage rate per species (as has been determined and applied since the
beginning of the contract). The vote was 44 for and none against.
Mr. Jackson then asked Mr. Wilcox to bring the people up to date on
the Department of Justice's progress on the pending court action on the
interest allowance that was allowed several years ago in a stumpage
adjustment study. He stated this matter was now under study by the U.S.
Attorney's Office in Tacoma.
Mr. Jackson requested that all of the allottees present leave their
names and addresses with the Tribal Secretary after the meeting.
The meeting was adjourned at approximately 10:05 p.m.
Sgd. Don W. Clark Don W. Clark
cc - Area Forester, PSO
History of Scaling Practice on the Taholah Logging Unit As It
Affected Stumpage Rates
Contract No. I-101-IND-1766 covering timber on the Taholah Logging
Unit was approved by the Secretary of the Interior on 500512. Section
15 of the contract provides in part "# # # PROVIDED, that all timber on
this unit must be cut and paid for prior to the contract expiration
date; that he will pay for, as merchantable timber, pieces twelve feet
and longer, will utilize the trees to a diameter of 10 inches in the
tops where straight and sound, and will pay for all timber except cedar
poles on the basis of a scale recognizing 32 feet as a maximum length of
a single log; and that all logs will be considered merchantable as
provided in the attached General Timber Sale Regulations except that
hemlock and amabilis fir must be one-half or more sound."
Section 18 of the General Timber Sale Regulations states in part
"Logs exceed the maximum length allowed by the contract will be scaled
as two or more logs, with proper allowance for the increase in diameter
at the points of division."
On 560321, the Assistant Secretary of the Interior approved a
modification of the Taholah contract which specified in Section 7 of the
modification, "It is further agreed that in lieu of the scaling
procedure stipulated in the General Timber Sale Regulations, the
Commissioner of Indian Affairs hereinafter called the Commissioner, in
his discretion and for such period as he may elect, may require that
logs cut under this contract shall 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 scalers employed by the Bureau of Indian Affairs, of
material that is not delivered to the point of bureau scaling. Should
the Commissioner intend to change from one scaling procedure to the
other, he shall notify the Purchaser in writing not less than thirty
days prior to the effective date of such change. The following general
conditions shall apply to bureau scaling. The purchaser shall furnish
the Superintendent with a list of State registered log brands which
shall be reserved for exclusive use on logs cut under this contract
during the entire period the contract is in force, including all
extensions thereof, and for six months after its termination.
Sufficient brands shall be reserved to provide a separate brand for
every allotment from which logs may be taken simultaneously during any
period of operations.
"Upon notification by the Commissioner that the services of the
Scaling Bureau are required, the purchaser shall enter into an
appropriate agreement with said Bureau for the performance of all
necessary scaling and reporting services, and shall promptly submit to
the Commissioner certified copies of such agreement in triplicate.
"The agreement shall provide for the prompt scaling of all material
upon delivery to the place of scaling. It shall also provide for prompt
submission to the Superintendent of certified copies of each and every
scale report, showing the species, volume, grade, and brand of each log
scaled; with such safeguards being included in the agreement as the
Commissioner may deem necessary to insure an accurate accounting to the
Superintendent of all logs that are presented to the Scaling Bureau for
Scaling.
"The Scaling Bureau's rules respecting scaling, grading and
merchantability shall apply.
"The purchaser shall pay the Scaling Bureau for all services rendered
by it under the agreement.
"No logs shall be moved from the place of scaling until they have
been scaled.
"Customary methods employed by the Scaling Bureau for indicating
completion of the scaling shall be accepted in lieu of the numbering and
stamping of logs stipulated in Section 22 of the General Timber Sale
Regulations."
Section 8 and 9 of the modification, which also relate to the scaling
change, read as follows:
"8. It is further agreed that because of basic differences in
scaling practices of the Scaling Bureau and the Bureau of Indian
Affairs, adoption of Scaling Bureau scaling practices may result in a
difference in volume of saw timber scaled. Therefore, it is agreed that
the Bureau of Indian Affairs will conduct a study to determine whether a
difference in volume will result from adoption of Scaling Bureau
practices and if it is found that an appreciable difference will result,
the percentage relationships that the stumpage rates for saw timber bear
to weighted average log prices, as set forth in Section 8 of the
original contract, shall be revised to compensate for such differences
in volume before Scaling Bureau Services will be required."
"9. It is further agreed that if ratios are revised as a result of
studies made as provided in Section 8 of this modification of contract,
the revised ratios shall be in effect after Bureau scale is adopted
except as otherwise provided in Section 10 of the original contract and
all saw timber cut under this contract after adoption of said Bureau
Scale shall be scaled in accordance with Scaling Bureau practices
whether scaled by the Scaling Bureau or by the Bureau of Indian
Affairs."
In accordance with Section 8 of the Modification, the Bureau
conducted a study of the indicated difference which might be expected to
occur in the volume determination as a result of a change to scaling by
the Grays Harbor Log Grading & Scaling Bureau. As a result of this
study, the following adjustment of ratios (approximately 12.5 percent
increase) became effective in 560700:
Table not keyed, see original
The adjustment ratios remained in effect until 570401, at which time
the ratios were again adjusted upwards. The manner in which this
adjustment was arrived at was very complex starting with changes in log
market prices between first quarter of 500000 and fourth quarter 560000,
and in the final analysis the further change in log market prices
between the fourth quarter of 560000 and 570100 was considered.
In this adjustment, one of the approaches indicating trend stumpage
rates included the 12.5 percent adjustment for the scaling change (see
Table III of initial report covering that adjustment). The final
determination of new ratios establishing stumpage rates included a great
deal of personal judgment and it would be difficult to prove that the
scaling differential was not considered in making the final
determination.
The next adjustment of the ratio became effective 580401. The
adjustments were for the most part downward. As in the previous
adjustment report, one of the approaches indicating trended stumpage
rates included the 12.5 percent adjustment for the scaling change. The
table on page 15 of the report relating to this adjustment is shown
below:
Table not keyed, see original
In view of the various approaches used in arriving at the
"Recommended rates," it is not possible to conclude that the 12.5
percent scaling differential factor was not considered in this
adjustment. The ratios determined in this adjustment stayed in effect
until 600701.
The ratio adjustment made effective 600701, in general followed the
same procedure used in the three preceding ratio adjustments. The
report indicates consideration of three major factors in determining the
ratio adjustment. These factors were listed as follows:
1. Changes in conditions as indicated by trend and by a change in
scaling practices.
2. Changes in quality of logs.
3. Direct appraisal.
In the final determination of the ratios put into effect 600701, it
might be argued that the effect of the change in scaling practice was
not properly reflected in the determination. However, it would be
difficult to argue that it was not considered.
This adjustment was the basis of an appeal to the Secretary by the
Purchaser. The Secretary's response to this appeal served as the
foundation for the stumpage adjustments made effective 641201, and
660101.
By letter dated 640603, the Secretary advised the Aloha Lumber
Corporation as follows in his conclusion:
"Far from being arbitrary and capricious there is a substantial
record relied on by the Commissioner that supports his finding and
decision. It is a reasonable basis for his action and I am in
substantial agreement with his conclusions. Therefore, I am denying
your appeal and confirming the action taken by the Commissioner 600630,
making adjustments in stumpage to log price ratios pursuant to terms of
Section 10 of the Taholah Timber Sales Contract No. I-101-IND-1766."
It is pertinent to note on page 3 of the Secretary's Decision the
following reference to the change in scaling procedures relating to the
stumpage rates established:
"Changes in the character of operations were found relating to
changes in the scaling procedures, changes in the quality of logs and
changes in species composition resulting from the development of the
particular timber."
It would appear the Bureau contended the change in scaling procedure
was included in the determination of rates established 600701 and the
Secretary confirmed that it was. If such an allowance was included in
that adjustment and our adjustments made effective 641201, and 660101,
were based on changes subsequent to the 600000 adjustment, it would
appear that the change in scaling procedures would not be a factor in
considering Aloha's Appeal to the rates made effective 660101.
HEL-009-1117-1123
HEL-009-1108-1123
FELSHAW, G M
670515
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.5 ROTC - Taholah
Western Washington Agency Federal Building - 3006 Colby Avenue
Everett, Washington 98201
670515
Aloha Lumber Corporation Aloha, Washington 98525
Gentlemen:
Enclosed are Reports of Timber Cut covering your operations in the
Taholah Logging Unit, Quinault Indian Reservation, for the month of
670400. Scale Reports for the same period are being sent under separate
cover.
Please send us, by return mail, your check for $150,000.00 to cover
anticipated operations in the Taholah Unit.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosures
cc: Portland Area Office w/ROTC - 2 Hoquiam Field Station - Forestry
Mr. Gordon
CVCohee Subject Chrony Green Chrony
HEL-009-1124-1124
HEL-009-1124-1124
ALOHA LUMBER CORP
670510
CORRESPONDENCE
CORKE, C P DOI BIA WASH DC
670510
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C.
TELETYPE
1472201 RES. MGT., BIA 670000 (1804.3)
DALE M. BALDWIN, AREA DIRECTOR BUREAU OF INDIAN AFFAIRS PORTLAND,
OREGON
AREA FORESTER WILCOX AUTHORIZED TO TRAVEL TO WASHINGTON, D. C.
WEDNESDAY, 670510 ON SPECIAL ASSIGNMENT, TAHOLAH TIMBER CONTRACT
DISPUTE.
(SGD) CHARLES P. CORKE Acting Assistant COMMISSIONER
cc: Surname Forestry Chrony Mailroom Chrony Holdup
PESkarra:mmw: 670509
PERRY E. SKARRA, BRANCH OF FORESTRY
(202) 343-3163
670509
11:45 a.m.
HEL-009-1125-1125
HEL-009-1125-1125
BALDWIN, D M BIA PORTLAND
670427
CORRESPONDENCE
SAYERS, J E BIA PORTLAND
RECEIVED BUR. OF INDIAN AFFAIRS WASHINGTON, D.C.
670501
IN REPLY REFER TO: Finance
670427
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
Commissioner of Indian Affairs Washington, D. C. 20242
Sir:
The following information is furnished in response to your letter of
670410, briefed Forestry 792-67.
Funds representing the increase in stumpage charges which became
effective 660101, were invested in 30-day time deposits which earned
interest at rates varying from a low of 4.8 percent to a high of 5.5
percent. A total of $10,866.73 was earned during the period beginning
660304, when funds first accrued, through 670331.
Interest earned is to be distributed to the affected IIM accounts in
accordance with the method prescribed under 42 IAM 10.5.6. #Month-end
balances to be utilized is the balance the accountowner would have had
if the funds had been distributed under normal conditions.
Sincerely yours,
James E Sayers Assistant Area Director
#Portland will use the "constructed balance" in each owner's account
for each month of the interest-earning period. (This actual balance,
plus the amount of the difference in stumpage rates they could have
earned for that month.) Apparently multiplied by the math's interest
rate is indicated in #2 IAM (ILLEGIBLE). Mr. Norwood said they might
also established an average monthly "constructed balance" (ILLEGIBLE)
the interest on those amounts, rather than by (ILLEGIBLE LINE)
HEL-009-1126-1126
HEL-009-1126-1127
COMM OF IND AFFAIRS BIA WASH DC
670421
CORRESPONDENCE
FELSHAW, G M W WASH AGENCY
Forestry-339.5 ROTC - Taholah
Western Washington Agency Federal Building - 3006 Colby Avenue
Everett, Washington 98201
670421
Aloha Lumber Corporation Aloha, Washington 98525
Gentlemen:
Enclosed are Reports of Timber Cut covering your operations in the
Taholah Logging Unit, Quinault Indian Reservation, for the month of
670300. Scale Reports for the same period are being sent under separate
cover.
Please send us, by return mail, your check for $100,000.00 to cover
anticipated operations in the Taholah Unit.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosure
cc: Portland Area Office w/ROTC - 2
HEL-009-1127-1127
HEL-009-1126-1127
ALOHA LUMBER CORP
670418
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
RECEIVED
670425
IN REPLY REFER TO: Forestry 61-6-19 - 339.5 Taholah
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
Evans Products Company P. O. Box 3295 Portland, Oregon 97208
Attention: Mr. J. Kenneth Brody
Gentlemen:
In accordance with our agreement made on 670414, we are furnishing
you with a copy of electronic program output data pertaining to the
Taholah Unit. The listing includes the volume by allotment by grade
scaled during the period 660101, through 670331. This is the extent of
the data we agreed to furnish to you.
The volume data appears to agree with that shown on the monthly
Reports of Timber Cut which have previously been submitted to you. The
value data appearing on the listing has been prepared for our internal
use. It has not been checked, nor do we contend that it represents our
interpretation of the Secretary's Decision.
Sincerely yours,
(Sgd) A. W. Galbraith Assistant Area Director
Enclosure
cc: Commissioner, Attn. Br. of Forestry Mr. Robert E. Vaughan,
Deputy Asst. Secretary Bogle, Gates, Dobrin, Wakefield & Long, Attn. Mr.
Paul Badgley
HEL-009-1128-1128
HEL-009-1128-1128
BRODY, J K EVANS PRODUCTS CO
670410
CORRESPONDENCE
BENNETT, R L BIA WASH DC
Forestry 792-67
670410
AIRMAIL
Mr. Dale M. Baldwin Area Director, Portland, Oregon 97208
Dear Mr. Baldwin:
Enclosed are copies of our responses to Mr. Albert H. Reed,
concerning the timber cutting contract, No. 1-101-Ind-1766, on his
allotment No. 1335, Quinault Indian Reservation, Washington.
There is one item in his letter on which we haven't received
information. That is the subject of the interest being accrued on the
moneys, from the difference between the two stumpage rates, which were
put in a special account pending settlement of the appeal. Please
advise regarding the rate of interest on this account, and the proposed
disposition of the interest.
Sincerely yours, (SGD.) ROBERT L. BENNETT
Commissioner
Enclosures
cc:
300 Surname Forestry Chrony Mailroom Chrony Holdup
AMWoll/SMCrosby:wm 4/6/67
HEL-009-1129-1129
HEL-009-1129-1129
BALDWIN, D M BIA PORTLAND
670410
CORRESPONDENCE
BENNETT, R L BIA WASH DC
Forestry 792-67
670410
Mr. Albert H. Reed 307 N. W. 132d Seattle, Washington 98177
Dear Mr. Reed:
This is a followup to our 000310 letter concerning the timber cutting
contract, No. 1-101-Ind-1766, on your allotment No. 1335, Quinault
Indian Reservation, Washington.
You requested that your land be freed of all encumbrances; so that
you could log the remaining portion of your timber yourself. Although
you have a patent-in-fee for your land, the change in land status did
not affect the terms of your existing timber contract with Aloha Lumber
Corporation, which was entered into while your allotment was held in
trust. The statute provides that "A change from a trust or restricted
status to an unrestricted status of any interest in timber that has been
sold + + + shall not affect the obligation of the Secretary of the
Interior under any contract of sale that is in effect at the time such
change in status occurs."
You also asked for the right of ingress and agress across the
intervening allotted lands. You do have this right; however, the
contract right-of-way limits the hauling of timber on these roads to
that being harvested under the contract.
We have been informed that the suit for recovery of the interest
allowance (U.S. v. Aloha Lumber Corporation, Civil No. 3168) has been
postponed at the request of the Department of Justice, and that it has
not been rescheduled at the present time.
With regard to other matters discussed in your letter, the records
show that you have received replies from both the agency and area
offices. Most recently a letter dated 670117, from Mr. Don Clark,
Forest Manager at the Western Washington Agency, gave you an accounting
of volumes by species and log grade for timber removed from your
allotment in 650000 and 660000.
Stumpage prices on the Quinault Reservation have been under constant
review. This has included comparisons of stumpage prices received on
the adjoining national forest and from State of Washington lands.
Although such comparisons must be treated with care because of the many
variable involved, we are pleased that the record over the past several
years shows the Quinault stumpage to compare favorably with that
received from the other lands. In some species, the reservation
stumpage rates are higher.
Since you participated in the stumpage adjustment hearing on 661025,
we are enclosing a copy of the Secretary's decision on the Aloha Lumber
Corporation appeal, in case you have not previously received a copy.
Implementation of the Secretary's decision is now under study.
Sincerely yours,
(SGD) ROBERT L. BENNETT Commissioner
Enclosure
cc: Area Director, Portland-Attn: Forestry (2) 300 CRF Forestry
Surname Forestry Chrony Mailroom Chrony Holdup
AMWoll/SMCrosby:wm 670406
HEL-009-1130-1131
HEL-009-1130-1131
REED, A H
670324
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
RECEIVED
670327
IN REPLY REFER TO:
Forestry 64-1-3 - 339.5 Taholah
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
670324
Airmail
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Branch of Forestry
Sir:
With reference to your request dated 670310, we are submitting the
following correspondence relating to Mr. Albert H. Reed's fee patent
allotment located within the Taholah Logging Unit, Quinault Reservation,
Washington:
1. Letter dated 670322, from the Acting Superintendent of the
Western Washington Agency indicating the volume and value of timber
removed from the allotment to date and including recent correspondence
with Mr. Reed concerning operations on his allotment.
2. Mr. Reed's letter of 650420; reply from Forest Manager 650423.
3. Mr. Reed's letter of 660212; reply from Acting Superintendent
660223.
4. Forester's letter of 660902 to Mr. Reed.
5. Superintendent's letter of 661024 to Aloha Lumber Corporation
stating reasons for withholding approval of additional logging on Mr.
Reed's allotment included as part of logging block #94.
6. Forest Manager's letter of 670117 to Mr. Reed.
7. Map of Allotment No. 1335 showing the logged-over area and area
of remaining merchantable timber.
In the Acting Superintendent's letter of 670322, reference is made to
$8,112.68 relating to timber cut from the allotment and being held in a
withholding account as a result of the Aloha appeal. No determination
has yet been made as to the effect the Secretary's Decision of 670310,
will have on any additional payment for timber cut from Mr. Reed's
allotment subsequent to 660101. We are studying the matter and are
hopeful it can be resolved at an early date. Our study will provide
grade information relating to timber cut from all allotments subsequent
to 660101.
With reference to Mr. Reed's comments on the suit concerning the
interest allowance (U.S. v. Aloha Lumber Corporation Civil No. 3168) we
understand the Department of Justice requested a postponement of the
case and that it has not been rescheduled at the present time.
We are hopeful the attachments are adequate to enable you to make an
appropriate reply to Mr. Reed. In the event additional information is
required, we will do the best we can to obtain it for you.
Sincerely yours,
A. W. Galbraith Assistant Area Director (Economic Development)
Enclosures (7)
cc:
Supt., Western Wash. Agency Hoquiam Subagency
Table not keyed see original
Subsequent to Mr. Reed's obtaining Fee Patent title to his allotment
on 580402, funds were credited to his Special Deposit Account as the
timber was scaled and reported. A public Voucher for Refunds was then
prepared to transfer the funds directly to Mr. Reed.
A total of $8,112.68 has been placed in the Withholding Account from
Allotment No. 1335. This amount, less 10% administrative fees, would
mean an additional income of $7,301.41 to Mr. Reid.
We are enclosing the following:
1. Mr. Reid's letter 650420; reply from Forest Manager 650423
2. Mr. Reed's letter of 660212; reply from Acting Superintendent
660223
3. Forester's letter of 660902 to Mr. Reed.
4. Superintendent's letter of 661024 to Aloha Lumber Corporation
stating reasons for withholding approval of additional logging on Mr.
Reed's allotment included as part of logging block #94.
5. Forest Manager's letter of 670117 to Mr. Reed.
6. Map of Allotment No. 1335 showing the logged-over area and area
of remaining merchantable timber
You will note that grade by species was furnished to Mr. Reed in our
letter of 670117, for the timber that was removed from his allotment and
scaled and graded by the Grays Harbor Log Scaling and Grading Bureau.
The Scaling Bureau furnished us with only net volumes by grade; gross
volume is not computed.
We trust this information is sufficient to help you in preparing an
appropriate report for the Commissioner.
Sincerely yours,
(Sgd) John B. Benede Acting Superintendent
Enclosures - 8
HEL-009-1132-1136
HEL-009-1132-1147
COMM OF IND AFFAIRS BIA WASH DC
650420
CORRESPONDENCE
REED, A H
307 N. W. 132d Seattle, washington 87177
650420
Superintendent Bureau of Indian Affairs Western Washington Agency
Dear Sir:
Subject: Allotment #1335 (Albert Hugh Reed)
My wife recently called at your agency to check the dates and amounts
of money paid me from Aloha Lumber Corporation.
The last "Scale Report" dated 570731, showed a total of $13,329.21.
The payment sheet showed the following totals:
$12,826.22
1,282.61 - govt 10%
11,543.61 paid me
$13,329.21
12,826.22
502.99 missing
That $502.99 went to Aloha for interest, which was an illegal charge
since it is not in the master contract nor in my individual contract.
Included in the 10% deducted by the government is the cost for
"scaling of logs, running of allotment lines, branding of logs for
identification, and fire protection." These services were performed by
Aloha Lumber Corporation and charged to me again.
Until 650000, the Indian was charged state taxes for his land AND the
timber. I was fortunate in that I had not paid my back taxes until this
year, so I was saved the timber portion. It was stated, at that time,
that the Indians who had paid past years taxes would not get it back,
and that the lumber companies refused to pay them. I was charged "Fire
Tax" which I now pay three times.
Evans Plywood has scheduled my timber for logging this fall and I
want to protest these illegal and double charges.
Sincerely yours,
Albert H. Reed
Albert H. Reed
HEL-009-1137-1137
HEL-009-1132-1147
SUPT BIA W WA AGENCY
650423
CORRESPONDENCE
LIBBY, J W W WA AGENCY
Forestry 339.5
REED, Albert Hugh Q#1335 - Taholah
Western Washington Agency 1620 Hewitt Avenue Everett, Washington
98201
650423
Mr. Albert H. Reed 307 N. W. 132nd Seattle, Washington 98177
Dear Mr. Reed:
It is apparent from your letter of 650420, that some of the figures
taken from our records were misread or misunderstood by your wife when
she called at our office recently.
The last Scale Report dated 570731, shows a total volume of 990,724
board feet of timber with a total value of $13,309.21; this figure is
quoted in your letter as $13,329.21.
Quoting from our Timber Money Record, a total value of $13,309.21.
the value of the scale reports, has been credited to your allotment.
The first three advance payments, as recorded by your wife from this
record, were made in 501000; 530900; 561000. The total of the three
payments was $8,479.30. The value of the first timber scaled was
charged against this advance payment balance until it was liquidated;
this was 570331.
After that time, funds were credited to your account as the timber
was logged. The total value of the timber over the amount of the
advance payments was $4,829.91. This, added to the advance payments,
equals $13,309.21, the value of the timber logged.
From the total amount, $1,330.92 was deducted as the 10%
administrative fees, leaving a balance of $11,978.39 which was the total
paid to you. As perhaps your wife will recall, the figures she recorded
from the ledger sheet represented the total of the three advance
payments in the amount of $8,479.30. This is not the amount of payment
you received. Administrative fees, totaling $847.93, were deducted at
the time these payments were made and the total amount of advance
payments received by you was $7,631.37. Subsequent payments for timber
after the advance payments were liquidated totaled $4,829.91. Ten
percent of this total was deducted as administrative fees. The balance
of $4,346.92 was paid to you.
This amount, added to the above figure of $7,631.37, totals of
$11,978.29 which has been paid to you to date. I hope this explanation
will clear the matter for you.
No money was paid to Aloha for interest. This question of an
interest allowance is one that has been widely discussed and very much
misunderstood. As part of a stumpage adjustment study, made in 550000,
interest on borrowed capital was considered as one item of operating
costs. Stumpage prices resulting from this study were in effect for a
period of about one and a half years. Your timber was logged during
this period.
A suit is now pending in an effort to prove that interest on borrowed
capital was not a proper cost item. When this case will come to trial,
we cannot say. It is being handled by the Department of Justice.
Neither can we make any prediction as to the outcome of the suit. If
the Government wins it, there may be some additional stumpage due for
the timber that was logged during the period in question.
The matter of taxes and fire protection assessments is between you
and the State of Washington. The allotment became subject to such taxes
and assessments when you received your fee patent. You signed a
Statement of Understanding on 580506, saying that you understood this.
If you have further questions, we shall be happy to hear from you.
Sincerely yours,
John W. Libby Forest Manager
JOHNWLibby:MPIsom:mpi subject chrony green chrony Hoquiam
HEL-009-1138-1139
HEL-009-1132-1147
REED, A H
660212
CORRESPONDENCE
REED, A H
RECEIVED
660214
307 N. W. 132d Seattle, Washington, 98177
660212
Mr. George M. Felshaw, Superintendent Western Washington Indian
Agency Federal Building 3006 Colby Avenue Everett, Washington 98201
Dear Sir:
Last week-end I went down to check on the logging progress on my
claim. There were several down trees shattered, not from any defects in
the logs, but from inexperienced or faulty felling. Under the contract
these should be scaled as full trees. I would like to know if the
scaling is done on the land where cut, and if not, request that it be
done there. Also please furnish me the name of the scaler.
I have had my timber cruised twice, the last time in 650000, each
time it cruised 1500 M above the figure Aloha quoted me. I have had
offers from two logging companies that would be glad to take it at the
660101 prices, or better, so any reduction of stumpage prices from those
quoted in the No. 32 Newsletter is not acceptable to me. I am also
protesting any reduction in stumpage prices to the Secretary of the
Interior.
Had I been so notified in 560300 that I could have revoked Power of
Attorney for salvage, I certainly would have done so. This is the
answer I received from Evans on this subject: "It is the company policy
to license shake salvage operation to shake mills only. I can not
furnish the details but after the primary logging we will be able to
talk about salvage operation." Am I not entitled to first chance on my
own land?
Sincerely yours,
Albert H. Reed Albert H. Reed Allotment No. 1335 Tahola Logging Unit
HEL-009-1140-1140
HEL-009-1132-1147
FELSHAW, G M W WA AGENCY
660223
CORRESPONDENCE
KEATON, J R W WA AGENCY
Toholah, Q#1335
Field Service Western Washington Agency Hoquiam Sub-Agency Hoquiam,
Washington 98550
660223
Mr. Albert H. Reed 307 N.W. 132nd Seattle, Washington 98177
Dear Mr. Reed:
I am sorry I haven't replied to your letter of 000212 sooner, but Mr.
Clark, the Forest Manager at Hoquiam, was out of the office for several
days last week.
The timber is scaled on trucks at the Moclips Gate Scaling Station by
the Grays Harbor Log Scaling and Grading Bureau. This is in accordance
with the provisions of the Taholah Unit Contract. All merchantable
material remaining on the cut-over area, or material resulting from
faulty operations, is scaled by our foresters and credited to your
account.
We feel quite certain the Secretary of the Interior will give every
consideration toward maintaining the stumpage rates that were put into
effect 660101.
Following the completion of sawlog operations, we will be pleased to
work with you and the company to arrange for you to salvaget the
residual material.
Sincerely yours, (Sgd) James R. Keaton (ILLEGIBLE) Superintendent
660221
Hoquiam Subj Chrono Everett Subj Mailroom Chrono
DWClark:kf
HEL-009-1141-1141
HEL-009-1132-1147
REED, A H
660902
CORRESPONDENCE
MIRACLE, K R W WA AGENCY
Forestry 339.5
ILLEGIBLE
Q#1335 - Teholsh
Western Washington Agency Federal Building, 3006 Colby avenue
Everett, Washington 98201
660902
Mr. Albert H. Read 307 N. W. 132nd Seattle, Washington 98177
Dear Mr. Reed:
I'm sorry you did not get all the answer to your questions during
your office call earlier this week; we will do our best to help you by
letter.
As explained in our letter of 000223, any merchantable timber
remaining on the cut-over area, or material resulting from faulty
operations, is scaled by our foresters as pick-up scale and is credited
to your account, even through it isn't picked up at the time. If this
material is salvaged later, it is paid for at the salvage rates.
Perhaps the percentage of defect is greater than that used by the
private cruiser. Mr. Ralph Gustovson of our Inventory Crew will be glad
to go over the area with you or explain the situation to you.
Bureau of Indian Affairs employees do not scale the logs. The
scaling is done by the Scaling Bureau, with a minimum of five percent of
the logs check scaled by BIA employees, as our regulations require.
Aloha Lumber Corporation is charged for the timber removed at the
higher rate; in effect, therefore, the timber is being paid for at the
higher rate but we are required to hold the difference between the
higher rate and that in effect prior to 660101, in a special holding
account until such time as the contractor's appeal is settled. Any
further questions you may have concerning the holding account should be
referred to the Portland Area Office of the Bureau of Indian Affairs,
Post Office Box 3785 in Portland, Oregen 97208.
Sincerely yours, Kenneth R. Miracle Forester
MRIson subject chrony green chrony
HEL-009-1142-1142
HEL-009-1132-1147
REED, A H
661024
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
Forestry-339.5
Logging Plans - Taholah
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
661024
Aloha Lumber Corporation Subsidiary of Evans Products Co. Aloha,
Washington 98525
Gentlemen:
Reference is made to your letter of 001004 requesting approval of
three logging blocks for immediate cutting. These blocks, Nos. 89, 92
and 94 were originally planned for logging in 670000, but because they
contain a preponderance of hemlock, you desire to log them now, since
you stated market conditions have caused you to cut back your logging in
predominately cedar blocks.
Our inventory personnel have completed their inspection and check of
block Nos. 89 and 92. These two blocks are approved for immediate
logging. Block No. 94 is not approved for logging because it includes
additional timber on the Albert Reed allotment. Until we resolve
questions the owner, Mr. Reed, has raised regarding volumes, species
composition, and per acre volumes logged, we are withholding approval.
Sincerely yours, (Sgd) George M. Felshaw Superintendent
cc - Br. of Forestry, PAO (2)
Hoquiam Forestry Everett Forestry Mailroom Chrono Hoquiam Chrono
DWClark:kf 661021
HEL-009-1143-1143
HEL-009-1132-1147
ALOHA LUMBER CORP
670117
CORRESPONDENCE
CLARK, D W W WA AGENCY
RECEIVED
670118
Forestry-339.5 Taholah, 001335
Western Washington Agency Hoquiam Field Station Post Office Bldg., P.
O. Box 120 Hoquiam, Washington 98550
670117
Mr. Albert Reed 307 N.W. 132nd Seattle, Washington 98177
Dear Mr. Reed:
As requested during your recent visit to my office, the following
information pertains to the volumes of timber, by species, removed from
your allotment during recent logging operations:
Table not keyed, see original
The log grade recovery by species of the logs scaled and graded by
the Scaling Bureau is as follows:
Table not keyed, see original
Our cruise of the remaining merchantable timber is as follows:
Table not keyed, see original
(Our cruise showed a total gross volume of 2,217,000 board feet.)
The estimated log grades by species of the merchantable timber
remaining is shown below:
Table not keyed, see original
If I can be of further assistance to you in this matter, please let
me know.
Sincerely yours
Sgd. Don W. Clark Don W. Clark Forest Manager
Subj Chrono Everett Forestry Mailroom Chrono Mr. Gordon Chrono
DWClark:kf
RESERVATION Quinault LOGGING UNIT Taholah PROPERTY OF/OR BLOCK NO.
Albert Reed, Q. #1335 (79.29 Acres)
Map not keyed, see original
HEL-009-1144-1147
HEL-009-1132-1147
REED, A
670320
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
RECEIVED
Forestry 339.5 ROTC - Tahelah
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670320
Aloha Lumber Corporation Aloha, Washington 98525
Gentlemen:
Enclosed are Reports of Timber Cut covering your operations in the
Taholah Logging Unit, Quinault Indian Reservation, for the month of
670200. Scale Reports for the same period are being sent under separate
cover.
Please send us, by return mail, your check for $50,000.00 to cover
anticipated operations in the Taholah Unit.
Sincerely yours,
(Sgd) John B. Benedetto Acting Superintendent
Enclosure
cc: Portland Area Office w/ROTC - 2
HEL-009-1148-1148
HEL-009-1148-1148
ALOHA LUMBER CORP
670314
CORRESPONDENCE
VAUGHAN, R E DOI OFC OF SCTY
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240
670314
Dear Mrs. Hansen:
For your information I am enclosing a copy of the Department's,
670310, decision on the appeal by Aloha Lumber Corporation (Evans
Products Company) of the stumpage rates on the Taholah Logging Unit of
the Quinault Indian Reservation.
Sincerely yours, Robert E. Vaughan Deputy Assistant Secretary
Hon. Julia Butler Hansen House of Representatives Washington, D.C.
Enclosure
Identical letters to (ILLEGIBLE) Henry M. Jackson Benstor Warren G.
(ILLEGIBLE)
cc: Secretary's Files Secretary's Reading File (2) PLM P.E. Scarra -
BIA R.E. Vaughan
REVaughan:mh 670314
HEL-009-1149-1149
HEL-009-1149-1151
HANSEN, J B HOUSE OF REP
670314
CORRESPONDENCE
VAUGHAN, R E DOI OFC OF SCTY
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240
670314
Dear Mr. Treiger:
As promised in our letter of 670310, we are now transmitting to you
five reproduced copies of the Department's decision in the matter of the
appeal of Aloha Lumber Corporation - Contract I-101-IND-1766.
Sincerely yours, (ILLEGIBLE) Robert E. Vaughan Deputy Assistant
Secretary of the Interior
Mr. Irwia I. Treiger Bogle, Gates, Dobris,
Wakefield & Long 14th Floor Norton Building Seattle, Washington 98104
Enclosure
cc: Secretary's Files Secretary's Reading File (2) LM P.E.Scarra -
BIA R.E.Vaughan
REVaughan:mh 670314
HEL-009-1150-1150
HEL-009-1149-1151
TREIGER, I L BOGLE, GATES, DOBRIS
670314
CORRESPONDENCE
VAUGHAN, R E DOI OFC OF SCTY
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240
670314
Dear Mr. Brody:
For your information and records I am transmitting herewith three
copies of the Department's decision in the matter of the appeal of the
Aloha Lumber Corporation - Contract I-101-IWN-1766, dated 670310.
Sincerely yours, Deputy Assistant Secretary
Mr. J. Kenneth Brody Vice President Evans Products Company P.O. Box
3295 Portland, Oragon 97208
cc: Secretary's Files Secretary's Reading File (2) LM P.E. Scarra -
BIA REVaughan
REVaughan:mh 640314
HEL-009-1151-1151
HEL-009-1149-1151
BRODY, J K EVANS PRODUCT CO
670310
CORRESPONDENCE
TAYLOR, T W DOI BIA WASH DC
Forestry
670310
Mr. Albert H. Reed 307 N. W. 132d Seattle, Washington 98177
Dear Mr. Reed:
The President has asked us to reply to your letter of 670227,
concerning timber harvesting on your allotment, No. 1335, Quinault
Indian Reservation, Washington. We are looking into the matters
discussed in your letter, and will write you again when we have
completed an examination of the records.
Sincerely yours, (Sgd) Theodore W. Taylor Deputy
Commissioner
cc: Area Director, Portland (2) Note: Please give us a detailed
report, w/copies of incoming. 300 Surname Forestry Chrony Mailroom
Chrony Holdup AMWoll:wm 3/8/67
Ack; FU Due
3/10(2:00pm): Harriett Burgess (BCCO) says we may have 2 wks (to
3/24) to prepare final reply to White House letter.
HEL-009-1152-1152
HEL-009-1152-1152
REED, A H
670306
CORRESPONDENCE
POPPLE, P M WHITE HOUSE
670307
THE WHITE HOUSE WASHINGTON
670306
MEMORANDUM FOR: Department of the Interior
Respectfully referred for suitable acknowledgment or other
appropriate handling.
PAUL M. POPPLE Assistant to the President
HEL-009-1153-1153
HEL-009-1153-1261
DOI
670227
CORRESPONDENCE
REED, A H
307 N. W. 132D Seattle, Washington 98177
670227
The President The White House Washington, D. C.
Dear Mr. President:
Subject: A petition for aid in behalf of
Albert Hugh Reed, Indian Allotment #1335, Quinaielt Indian
Reservation Tahola Unit Logging Contract No. 1-101-Ind-1766
I was asked by the Superintendent, Bureau of Indian Affairs, Tahola
Indian Agency, Hoquiam, Washington, to sell my timber to Aloha Lumber
Company in 1950. I was told by the superintendent that this was "a good
contract", that it would be logged in the near future, and if I didn't
sign they would log all around me and leave my timber standing alone
which would make it vulnerable to blow-down and fire and I would end up
with nothing. I signed the contract 500525.
In 1958, I heard of a lawyer who was supposedly helping the Indians.
He advised me that he could break this 30-year contract, but first I had
to be granted a patent-in-fee on my land. After proving that I was
competent to handle my own affairs, the Bureau of Indian Affairs issued
me a fee-patent. This lawyer then gave me the "Attorneys Contract" (enc
1) wherein 50 Indians had to sign a like agreement. This stopped any
action in this direction.
With reference to the "Report of the Committee on Interior and
Insular Affairs" (enc 2) page 10 paragraph 5, states that this is a
private contract between the Indian and the purchaser. I was under the
impression that when I was granted a fee-patent I would be free to deal
directly with Aloha Lumber Company. This was not the case. The only
difference is that now I pay fire patrol and land taxes to the State of
Washington. The Bureau of Indian Affairs still collects 10% for
services for which it has been impossible to get an itimized statement.
On page 50 of the Senate Report it states the services the government
will perform. It also states that the lumber company charges me for the
same service.
My logs were scaled at the Grays Harbor Log Scaling Bureau in
Hoquiam, Washington. I recently requested from them a copy of the gross
and net volume, also grade and species of all the timber removed from my
allotment in 1965 and 1966. They refused on the grounds that if they
gave me this information,
670227
The President that they would probably have to do it for all the
allotees on the reservation. Wasn't I charged for this scaling? Am I
not entitled to an itimized report?
On page 6, paragraph 7 of the Senate Report: A portion of my timber
was logged during this period. The decision of the Comptroller General
was that this was an improper charge. The following paragraph is quoted
from a letter on this matter from the Forest Manager for the Bureau of
Indian Affairs, Western Washington Agency:
"A suit is now pending in an effort to prove that interest on
borrowed capital was not a proper cost item. When this case will come
to trial, we cannot say. It is being handled by the Department of
Justice. Neither can we make any prediction as to the outcome of the
suit. If the government wins it, there may be some additional stumpage
due for the timber that was logged during the period in question".
This period was ten years ago.
In the past two years the Grays Harbor area has enjoyed the best
economy it has known in many years. This was influenced by the export
log business to Japan. For the first time the local lumber companies
faced competition. The Commissioner proposed an increase in stumpage
prices, the proposed raises were substantial to what the Indian had been
getting, but were still $5 to $10 per m below off the reservation
prices.
With reference to attached Quinault Newsletter No. 32 (enc 3) the
Rayonier Logging Company has the Crane Creek Unit contract, they did not
register a protest even though they were paying more for Western
Redcedar. Another portion of my land was logged last year and
approximately $7,000 was withheld in the "Special Deposit Account"
pending the Secretary's final decision. This money is drawing interest
for whom? Request this interest be added to my account.
Reference is made to the attached letter dated 661018, (enc 4). I
attended this meeting. We were told at the close of the hearings that
the final decision would be published within the next two weeks in a
newsletter. That was six months ago.
Mr. President, through the years I have written my congressmen,
Secretary of the Interior, even to the Attorney General of the United
States for clarification on what I considered injustices, each complaint
ends up back at my local Bureau of Indian Affairs.
I consider this contract broken many times by the Aloha Lumber
Company and the Secretary of the Interior, who acting under my power of
attorney has not performed in my best interest, nor has he enforced this
contract as written. From the Report:
overhead costs for operating reservation timber are double those
670227
The President for operating national forest timber, which adjoins the
reservation".
lead to suits against the United States".
On page 46 there are several violations of contract.
I am 51 years old and cannot afford to wait for these slow Department
of Justice decisions.
I have a market for my timber at "true market value" and a competent
logger with many years experience in that area, so with this in mind I
respectfully petition the President of the United States for the
following:
1. Under the General Allotment Act of 870000, request my land be
discharged of trust under the United States Government, and be free of
all encumberances whatsoever. That I be granted the right to log the
remaining portion of my timber. I'm under no obligation to Aloha Lumber
Company, they owe me.
2. That I be granted right of ingress and egress across intervening
land. These logging roads are on Indian land and every foot of them has
been paid for by the Indians under "operation costs".
I hopefully await your favorable consideration of the above request.
Sincerely yours,
Albert H. Reed
ALBERT H. REED
#1335
Enclosures 4
ATTORNEYS CONTRACT
This Attorneys Contract is between MALCOLM MC LEOD and FREDERICK
PAUL, as attorneys, on the one hand, and the undersigned allottee or
former allottee of the Quinaielt Indian Reservation, on the other hand.
1. The client employs the attorneys to represent him before any and
all Departments of the Federal and State Governments and Federal and
State Courts, in protecting his rights in his allotment, including, but
not limited to, the defense and prosecution of law suits, and the
negotiation and renegotiation, of any and all current and future timber
contracts, on said allotment.
2. If the current timber contract be terminated by court action or
negotiation, the attorneys shall be paid ten per cent (10%) of the
allotment or value thereof for their compensation.
3. If the attorneys represent the client before the Bureau of Indian
Affairs in the administration of the current timber contract on said
allotment, the attorneys shall be paid twenty-five per cent (25%) of the
increment over the net current timber sales rates. Nothing in this
Paragraph shall prevent the client from selling his allotment and the
compensation provided for in this Paragraph shall not be computed on the
sale price, but shall be computed in accordance with Paragraph 4 herein.
4. If the client should sell his allotment before any obligation to
pay the fee defined in Paragraph 2 herein arises, then the client shall
pay a sum equal to five per cent (5%) of such sale price in lieu
thereof.
5. The attorneys promise to faithfully prosecute the work of the
client in getting more value for the client out of his allotment.
6. This Contract shall become effective upon the joining of
identical contracts by the owners of not less than fifty (50) allotments
or former allotments as to each master timber contract.
7. In any event, the attorneys shall be repaid by the client for all
out-of-pocket expenses.
8. Any fees accruing herein shall as to patents-in-fee be a lieu on
said allotment.
DATED this day of 570000
CLIENT
MALCOLM MC LEOD 861 Dexter Horton Building Seattle 4, Washington
FREDERICK PAUL 755 Dexter Horton Building Seattle 4, Washington
QUINAULT NEWSLETTER
NO. 32
STUMPAGE PRICES INCREASED
Following an extensive study of the economic conditions in the West
Coast forest products industries, and after consultations with the
companies involved, the Commissioner's decision called for increases in
the stumpage rates for the timber under both the Crane Creek and Taholah
Contracts.
This increase is attributed largely to the influence of the export
log market, and has resulted in increased log prices for spruce,
hemlock, silver fir and some grades of Douglas fir and cedar. The new
rates became effective on 660101.
The following table lists both the new and old stumpage rates for
each contract unit, together with the rate increase.
Table not keyed, see original
Under the terms of the timber sale contract, Evans Products Company
has appealed the Commissioner's decision to the Secretary of the
Interior and has been granted hearings to permit them to present their
arguments in opposition to the stumpage rate increases on the Taholah
Logging Unit. Pending the final decision by the Secretary, the
Superintendent of the Western Washington Agency has been instructed to
withhold payment to the owners of allotments in the Taholah Unit of the
difference between stumpage values calculated by using stumpage rates
that were in effect before 660101, and values calculated by using the
increased stumpage rates. Stumpage payments will be collected from the
purchaser based on the increased rates. That amount which exceeds the
value of the stumpage calculated at the old rates will be held in a
Special Deposit Account pending the Secretary's final decision.
LOG MARKET CONDITIONS - DOMESTIC AND FOREIGN
Log prices for all species of timber have remained firm during the
third quarter of 1965 in the Grays Harbor District, with increases from
the second quarter of 650000 prices noted in the upper grades of western
redcedar, western hemlock, Pacific silver fir and Douglas fir. There
were slight decreases in the No. 3 log grade prices.
The export market has remained active, with approximately 39 percent
of the volume in sales reported during the third quarter of 1965
consigned to foreign markets, mainly Japanese. Of the reported export
sales, western hemlock made up 70 percent of the total volume; sitka
spruce about 10 percent; western redcedar 7 percent and Douglas fir
about 6 percent. Since the No. 2 log grade represents the largest
volume in most species of timber, this grade accounted for the bulk of
the volume sold in the export market. Log grade prices paid for export
logs varied from some $7 to nearly $40 per thousand board measure above
prices reported in local transactions.
QUINAULT ENROLLMENT
On 660118, the Quinault Enrollment Committee completed its review of
applications received from persons requesting enrollment in the Tribe.
When the list of applicants recommended for enrollment is prepared, the
list will be posted for the month of February. During the first week of
March, the Enrollment Committee will meet again to review all appeals
and challenges. The roll will then be prepared in final form and
presented to the general membership at its annual meeting in 000300
POLICY FOR SUPERVISED LAND SALES
Formerly it has been the policy to hold two land sales a year; the
policy in the future will be to hold only one. Therefore, if you are
contemplating selling land, ample time should be allowed for the
completion of all necessary documents. The 660000 land sale is
tentatively scheduled for 000500. No date has been determined for
subsequent annual sales.
NEW LOCATION, WESTERN WASHINGTON AGENCY
On 651108, the Western Washington Agency moved to its new office
located in the Federal Building, corner of Colby Avenue and Wall Street
in Everett, Washington. The new telephone number is Alpine 9-0241.
Mail should be addressed as follows:
Mr. George M. Felshaw, Superintendent Western Washington Indian
Agency Federal Bulding - 3006 Colby Avenue Everett, Washington 98201
We are very pleased with our new location which provides more
adequate office space. Should any of you be in the neighborhood, we
extend a special invitation to you to drop in and see our new offices.
EMPLOYMENT ASSISTANCE NEWS
We would like to report on the Prevocational Training Class in
Seattle, Washington which completed its 20 weeks on 660107. We had 21
prevocational trainees who graduated on the above date and all except
one entered into a regular vocational training program under sponsorship
of the BIA on 000110 and 000111. Four were from the Tulalip
Reservation, 7 from Lunmi, 2 from Nooksack, 2 from Muckleshoot, and one
each from the Swinomish, Puyallup, Suquamish, Port Gamble and Nisqually
Reservation. Another from the Nooksack Reservation is being considered
for within-area training placement in the near future. Training
objectives which some of these people have entered include welding,
carpentry, electrical appliance repair, commercial baking and cooking,
industrial electronics, dining-room service and operation, auto and
diesel machanics, and one with automation accounting in Denver,
Colorado. These are all school drop-outs who have upgraded themselves
and are now qualified for vocational training programs. They have made
quite an enviable record for themselves and when they complete their
vocational training classes, BIA Employment Assistance will provide
employment placement services.
The Agency is presently, and has been for the past 2 or 3 months,
recruiting for another Prevocational Training Class in Seattle,
scheduled to begin 660124. As of this date, 14 applicants have been
approved and scheduled to arrive in Seattle beginning 000119. These
applicants are from the Skokomish, Lumi, Makah, Quileute, Swinomish,
Tulalip and Muckleshoot Reservations. As of this date, a total of 40
applicants have been approved for this class. This means that they
still have 10 openings as these classes are limited to 50 men and women
between the ages of 18 and 35. We have enough applications in process
to complete the present class. We will, however, be interested in
considering more applicants to build up a register for another class,
tentatively planned for 000800 or 000900 of this year. School
drop-outs, either men or women, and those who cannot qualify for a
regular or formal vocational training program who might be interested,
should contact the Employment Assistance Office in either Hoquiam or
Everett.
We would also like to call attention to the present campaign for
workers being made by the Boeing Company in Seattle. They are now in
the process of recruiting 15,000 workers for various types of
employment. If you are a high-school graduate, have a skill or trade or
are even semi-skilled, (they will be offering some On-The-Job-Training),
it might be worth your while to contact Boeing in Seattle. As for
Indian workers who might be employed with either Boeing or Lockhead
Corporation in Seattle, the Agency Employment Assistance Branch is in a
position to lend some financial assistance for cost of transportation
from your home to Seattle and a temporary substence allowance for the
first month of employment. Presently Lockhead is interested in anyone
who has completed a minimum of 200 hours welding training (MDTA or
other) and if additional training is needed, they will provide
On-The-Job-Training leading to Journeyman ratings. Check with your
local State Employment Office.
Another possible employment opportunity for Indians is being offered
in Seattle with an Air Force contractor, employing members of minority
groups. Anyone interested should contact Charles Gleason, Personnel
Manager, Electro-Development Corporation, 4530 Union Bay Place, N.E.,
Seattle, Washington. Any Indian being hired by this corporation can
contact his nearest Agency Employment Assistance Office for financial
assistance to move to Seattle.
As most of you know, our Vocational Training Program has been at a
standstill since 651001 due to lack of funds. We are once again in a
position to consider applicants for vocational training and would
appreciate your passing this word along to Indians between the ages of
18 and 35 years who might be interested. They should contact the Agency
Employment Assistance Office in either Hoquiam or Everett.
ILLEGIBLE Superintendent
660120
WESTERN WASHINGTON INDIAN AGENCY 1620 Hewitt Avenue Everett,
Washington
Postage and Fees Paid Department of Interior
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
TO ALL OWNERS OF ALLOTMENTS, OR INTERESTS THEREIN, WITHIN THE TAHOLAH
LOGGING UNIT ON THE QUINAULT INDIAN RESERVATION:
You are hereby notified that a hearing will be held on 661025, at the
hour of 9:00 A.M. in the Public Service Building, 920 S.W. 6th Avenue,
Portland, Oregon, regarding the Appeal of Aloha Lumber Corporation to
the Secretary of the Interior from the decision of the Commissioner of
Indian Affairs increasing stumpage prices on the Taholah Unit, effective
660101.
The Bureau of Indian Affairs has filed extensive evidence and
arguments in behalf of the Indian owners to support the increased rates
made effective 660101, and will appear at the hearing in behalf of all
Indian owners of the Taholah Logging Unit.
All allotment owners who previously filed their appearance may also
be heard in regard to the appeal by the Aloha Lumber Corporation.
Statements submitted prior to the hearing will be included in the record
of the hearing.
The hearing will be conducted by Robert E. Vaughan, Deputy Assistant
Secretary of the Interior, commencing at 9:00 A.M., Tuesday, 661025, in
the auditorium of the Public Service Building, 920 S.W. 6th Avenue,
Portland, Oregon.
661018 Date
(ILLEGIBLE) Acting Superintendent
THE WHITE HOUSE
85TH CONGRESS 1st Session
SENATE
REPORT NO. 971
TIMBER SALES
QUINAIELT INDIAN RESERVATION
STATE OF WASHINGTON
REPORT OF THE
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
TOGETHER WITH
MINORITY VIEWS
570815. Ordered to be printed, with Illustrations
570824. Minority views filed under authority of the order of the
Senate of 570815
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 570000
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
JAMES E. MURRAY, Montana, Chairman
CLINTON P. ANDERSON, New Mexico GEORGE W. MALONE, Nevada
HENRY M. JACKSON, Washington ARTHUR V. WATKINS, Utah
JOSEPH C. O'MAHONEY, Wyoming HENRY DWORSHAK, Idaho
ALAN BIBLE, Nevada THOMAS H. KUCHEL, California
RICHARD L. NEUBERGER, Oregon FRANK A. BARRETT, Wyoming
JOHN A. CARROLL, Colorado BARRY GOLDWATER, Arizona
FRANK CHURCH, Idaho GORDON ALLOTT, Colorado
RICHARD L. CALLAGHAN, Chief Clerk
N.D. McSHERRY, Assistant Chief Clerk
STEWART FRENCH, Chief Counsel
SUBCOMMITTEE ON INDIAN AFFAIRS
RICHARD L. NEUBERGER, Oregon, Chairman
CLINTON P. ANDERSON, New Mexico ARTHUR V. WATKINS, Utah
FRANK CHURCH, Idaho BARRY GOLDWATER, Arizona
JAMES H. GAMBLE, Committee Staff Member
WILLIAM H. COBURN, Special Counsel to Subcommittee
ROBERT WOLF, Forestry Consultant
CONTENTS
PART I. Findings, Conslusions, and Recommendations
Table not keyed, see original
PART II. Background Study
Table not keyed, see original
APPENDIX
Table not keyed, see original
MINORITY VIEWS
Table not keyed, see original
LETTER OF TRANSMITTAL
HON. JAMES E. MURRAY,
Chairman, Senate Committee on Interior and Insular Affairs, United
States Senate, Washington, D.C.
DEAR SENATOR MURRAY: I transmit with this letter a report of the
Subcommittee on Indian Affairs on the subject of Federal timber sales
policies at the Quinaielt Reservation. The hearings held in 570400,
570500 and 570600, are an outgrowth of recommendations made in 560000 by
the Special Subcommittee on the Legislative Over-sight Function on
Federal Timber Sales Policies. The hearing record and the preceding
hearings and reports which are cited provide a substantial reference
record for those concerned with timber sales problems. This report is
restricted to important policy considerations that arise in the
administration of the Quinaielt Indian Reservation.
This reservation is unique because it is almost totally allotted
among 2,100 individuals most of whom are absentee owners. The
allotments are of unequal value and are primarily suited to growing
timber. These facts create the need for the application of special
procedures to implement general Indian policy now applicable to all
reservations and tribes under Federal supervision.
For many years the Bureau of Indian Affairs has managed this 174,000
acre reservation as a single forest property, selling the Indians'
timber under a series of long-term contracts. The administration of the
two existing long-term contracts has created serious problems among the
Bureau, the Indians, and the timber purchasers. To date, the Bureau of
Indian Affairs and the Department of the Interior have demonstrated
considerable reluctance to meet these troublesome problems with the
imagination and foresight that the circumstances require in order to
reach workable and practical solutions.
The subcommittee has set forth in this report our analysis of the
current situation on the Quinaielt Reservation, together with suggested
methods and procedures that we believe must be undertaken to assure the
Indian owners of the reservation's resources a more adequate income and
a better opportunity to achieve social and economic progress.
A study of the technical aspects of the problem has been incorporated
as a part of this report and designated as part II.
The subcommittee believes that progress can and will be made in
solving some of the major problems of the Quinaielt Reservation if the
Secretary of the Interior and the Commissioner of Indian Affairs will
take prompt action in implementing the recommendations made in the
report submitted herewith.
Sincerely yours,
RICHARD L. NEUBERGER,
United States Senator.
85TH CONGRESS 1st Session
SENATE
REPORT NO. 971
TIMBER SALES QUINAIELT INDIAN RESERVATION
570815. Ordered to be printed.
Mr. NEUBERGER, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
PART 1
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS
INTRODUCTION
By treaty of 550701, and 560125, the Quinaielt Indians ceded to the
United States a vast tract of land on what is now the Olympic Peninsula
in the State of Washington, in exchange for protection and tutelage and
a land area of about 174,000 acres that was reserved for their exclusive
use. This reserved area is the Quinaielt Indian Reservation.
Subsequently, the lands on this reservation were allotted in accordance
with the General Allotment Act of 870000. By court action, members of
other allied tribes were granted allotments on this reservation.
The people
There are 1,928 adults and minors allotted on the Quinaielt
Reservation, but only 370 reside thereon. About half the allottees are
minors. The only tribal government recognized by the Bureau represents
only the adult Quinaielt Indians who reside upon the reservation.
There are at least seven bands of Indians holding allotments on the
Quinaielt Reservation. In addition to the Quinaielts, there are the
Chinooks, Quileutes, Cowlitz, Chehalis, Skokomish, Squaxin, and others.
The Chinooks have more land allotted to them on this reservation than
all the other tribes combined. However, the only tribe represented in
the tribal government for this reservation is the Quinaielt. Their
tribal council does not recognize the other allotted tribesmen as being
entitled to participate in Quinaielt tribal affairs. Futher, an Indian
must reside at Taholah, Wash., to hold office on the
TIMBER SALES QUINAIELT INDIAN RESERVATION council, and he must prove
that he is a Quinaielt before he may vote at council meetings or in
tribal elections. With restrictions on participation in tribal affairs,
the Quinaielt Tribal Council represents, at best, only a minor fraction
of the persons allotted on this reservation. The only other tribal
entity is the Chinook Tribal Council, which is not recognized by the
Bureau of Indian Affairs.
Of the 8 officers in the Chinook Tribal Council only 1, who is
one-sixteenth Indian, is listed as a Chinook; 2 are part Chinook and
part Quinaielt; and the rest are Quinaielt. Intermarriage has resulted
in the dilution of pure Indian strains to a large extent, and it is
almost impossible in many instances to say who is a Quinaielt Indian.
A majority of the Quinaielts are reported to have been absorbed into
adjacent communities, and the few who are still living on the
reservation earn their livelihood with very little assistance from the
Bureau of Indian Affairs in the form of services. They are
self-employed as fishermen, restaurant operators, loggers, and sawmill
workers, and some have off-reservation farms. The Quinaielts and other
Indians having allotments on the reservation generally are considered
competent to manage their own affairs.
The primary responsibility of the Bureau of Indian Affairs is the
administration of the timber resources of a nonhomogeneous group of
people, the majority of whom live outside the reservation.
The land
The General Allotment Act(2) provided that each Indian was to be
allotted not more than 160 acres of grazing land, or 80 acres of
agricultural land. The Quinaielt Reservation embraces some 196,000
acres and, exclusive of alienated lands and water areas, contains about
174,000 acres. Only 4.064 acres are in tribal ownership. The balance,
170,000 acres is allotted.(3) These allotments are primarily 80 acres in
size, indicating that the allotment was based upon the concept that,
even though these lands might be covered with timber, they were
essentially agricultural lands. The fact is that these lands are not
suited to agricultural development, but rather are suited primarily to
timber growing. Practically none of the reservation area is now, or
ever has been, in agricultural use.
The Bureau of Indian Affairs, acting for the Secretary of the
Interior, has operated forestry programs under sustained yield concepts
on this Indian property as a single unit of ownership, despite its
allotted status.
There are four general areas on the reservation. Between 200000 and
550000, 65.000 acres were cut over in a series of 15 long-term
contracts. In 500000 the Taholah unit of 30,000 acres was put under
contract to the Aloha Lumber Co. This contract will expire in 790000.
In 520000 he Crane Creek unit, a 35,000 block was put under a contract
to Rayonier, Inc., which runs until 860000. The remainder of the
reservation, 45,000 acres, is in the Queets block, which has never been
cut or put under contract. Patents in fee are being issued to the
allottees in this area. Of the 593 allotments in this area, patents in
fee have been granted on 58, supervised sales have been made on 13, sale
has been approved for an additional 42, applications are pending
1 H. Rept. No. 2680, 83d Cong., 2d Sess. p. 476.
2 Act of 670208 (24 Stat. 388).
3 Page 45 Committee Print, Federal Timber Sales Policies, pt. U,
Committee on Interior and Insular Affairs, 8th Cong., 2d Sess.
TIMBER SALES QUINAULT INDIAN RESERVATION on 122, and on 400
allotments the Indians have not sought termination of the trust status.
The timber resource
Under the contracts, an amount of timber equal to the amount grown
each year on the forest is supposedly available to cut. Cutting has not
closely approximated this goal. Between 260000 and 300000 an average of
135 million board-feet were cut annually. In 270000, 165 million feet
were cut. By 330000 cutting had dropped to 31 million board-feet, and
it shot back up to 80 million feet in 370000. However, for the period
310000-390000, the average cut was less than 50 million board-feet. In
the 400000; 500000 period the average cut was 56 million feet a year
with a high of 78 million in 420000 and a low of 42 million in 470000.
Since 500000 it has been climbing, and in 540000 it was 98 million
board-feet. The average for the 200000; 540000 period is 72 million
board-feet. The cutting has followed the trend of outside economic
influences, as would be expected. Ninety-six percent of the timber that
has been sold on the Quinault Reservation since 200000 has been disposed
of in 8 long-term sales running for 10 to 34 years. The total volume
sold or placed under contract is over 3.8 billion board-feet.
The cutting has not been conducted evenly over the reservation,
because this forest area does not lend itself to what is known as
selective cutting. Under prior contracts, cutting proceeded on a
clearcut basis which started at one end of the contract area and moved
systematically across it. The present contract areas are being cut on a
patchwork basis. Part of the timber is cut, with intervening bodies of
green timber left for later cutting. This is in accord with presently
accepted concepts of sound forest management for this region.
The history of the reservation shows that timber cutting has been
carried out primarily through the use of long-term contracts. The
benefits have accrued only to those Indians whose timber was under
contract, and the payment of proceeds has been on a very irregular
basis. Each Indian has received from 1 to 4 payments for his timber
during the life of contracts that have run from 6 to 30 years. These
Indians have not received regular annual income from their land, and, on
that portion of the reservation which has not yet been placed under
contract, no income has been received by the persons allotted there,
except in those relatively few instances where the timber has been sold
under Bureau-supervised sales.
Indian Bureau responsibilities
In its management of this reservation, the Department of the Interior
has two responsibilities. One, as spelled out by treaty, was to protect
the Indians and provide them with tutelage, so that they might be able
to ultimately manage their own affairs. The other is to manage and
dispose of reservation resources for the benefit of the Indians. The
General Allotment Act of 870000 stated that, 25 years after allotment,
the allottees were to receive their lands discharged of the trust under
which the United States had heretofore held them and obtain a patent in
fee free of all charge or encumbrance whatsoever. Today, some 70 years
later, these people are still under Federal supervision with their lands
held in trust status by the United States. During this period of time,
ownership of the allotments has been
TIMBER SALES-QUINAIELT INDIAN RESERVATION fractionated, producing
complicated heirship problems. There are 896 allotments in multiple
ownership; 303 have 2 to 5 heirs, and 593 have 6 or more heirs; 1,250
allotments are in single ownership.
The policy
In the past the interest of the individual was subordinated to that
of the group. There are still in existence 2 long-term timber contracts
embracing 1,000 allotments totaling 65,000 acres, which will not expire
until 800000. These contracts were entered into when that policy was in
effect.
The Department announced a new policy on 550516, which recognizes
that the individual Indian's right to the ownership of his land in fee
simple need not be subordinated to the interests of the tribe or to the
management of the land as a part of a timber or grazing unit. The
Department has embarked upon a policy of granting patents-in-fee upon an
Indian's request, if it is found that he is competent. Two procedures
have been utilized for this program: A sale of both land and timber,
which is called a supervised sale, may be made by the Bureau, or a
patent in fee may be granted to the Indian so that he may make whatever
use or disposition he desires of his property. This policy brings to
the fore a new type of problem, because it substitutes individual
ownership for group management. Generally under the old policy the
allottee could not receive a patent in fee if this conflicted with the
overall management of the reservation by the Bureau of Indian Affairs,
no matter what his competence was considered to be. Now the Bureau will
grant a fee patent, presumably on the finding that the individual is
competent, but the Indian applicant may not be completely advised of all
the adverse factors that are inherent in ownership of the land.
In pursuing this policy, patents-in-fee are being granted to
individual Indian allottees on both the portions of the reservation
where there are long-term contracts as well as where timber is not tied
up by such contracts. Formerly the Indians were not free to dispose of
their property, when to do so would conflict with either tribal or
departmental land management policies.
FINDINGS AND CONCLUSIONS
Based upon the record of the hearings held by the Joint Committee on
the Legislative Oversight Function, and those held by the Sub-committee
on Indian Affairs, and taking into consideration the facts brought to
light by the background study incorporated herein, the sub-committee
submits the following findings and conclusions:
1. We find that the many complex and burdensome problems attendant
upon the administration of the current timber sales contracts, together
with duties and responsibilities incident thereto, require the full-time
services of Indian Bureau personnel assigned to the Hoquiam, Wash office
serving the Quinault Reservation. This exclusive dedication to forestry
and timber management matters of necessity, precludes attention to the
equally important obligations of the Federal Government to the
Quinauielt Indians under the treaty of 550000, subsequent acts of
Congress, and declarations of congressional policy. It is now the
established policy of the Federal Government to end trust supervision by
encouraging competent Indians to assume the duties, privileges, rights
and responsibilities of full-fledged American citizenship. Progress in
the implementation of this policy is impeded and delayed when Indian
Bureau personnel, as in the Quinaielt situation, are compelled by
circumstances to devote all their time and services to what is a
specialized function; the management and sale of Indian timber
resources.
However, if a function such as forestry were to be transferred to a
Federal agency where it is already a major activity, Bureau personnel
could be assigned to those duties and activities that would assist the
Indians in achieving a measure of freedom to manage their own property
and affairs without interference or control by the Federal Government.
The subcommittee recognizes the human factors that are involved, and
it concludes that as a first step to encourage Indian management of
their resources that the service function be separated from the trustee
function.
Adjacent to the Quinaielt Reservation lies the Olympic National
Forest managed by the Forest Service in the Department of Agriculture.
The Forest Service has an important ranger district head-quarters
located on Quinaielt Lake, the waters of which from a part of the
reservation. It sells its timber in the Grays Harbor market to some of
the same purchasers as does the Bureau of Indian Affairs. The Forest
Service is thus the logical Federal agency to carry out the forestry
function on this reservation.
The committee believes that several advantages would be found by
placing Indian forest management in the hands of an agency specializing
in forestry. This agency would be able to supply the specialized
knowledge needed to handle technical problems for which the Bureau of
Indian Affairs could not independently justify the acquisition of
equipment or specially trained personnel.
The Bureau is pursuing a patent-in-fee program in the Queets portion
of the reservation, and another large portion of the reservation has
TIMBER SALES QUINAIELT INDIAN RESERVATION been cut over. In order to
advise the allottees of future management alternatives, further
information and possible assistance will be needed. The Forest Service,
with its years of experience under the ClarkeMcNary cooperative programs
for small woodland owners, would be in a position to assist in promoting
better management of this property until patents are issued.
In setting forth these views, the committee does not desire to
reflect unfavorably on the conscientious employees of the Bureau of
Indian Affairs who have labored long in the Indians' interest. What the
committee seeks is to further establish an atmosphere that is most
conducive to achieving the results desired by the Congress. It suggests
application of this proposal first to the Quinaielt Reservation, which
accounts for one-fifth of the timber sold by the Bureau in the Portland
area, so that the benefit of the experience, if successful, can be
useful in other instances.
2. In 560000 the Subcommittee on the Legislative Oversight Function
stated:
The many problems confronting the Indians of the Quinaielt
Reservation arise from several factors, the most apparent being:
1. All the commercial timber land on the reservation has been
allotted to individual Indians.
2. Long-term high-volume sales, which effectively preclude
competitive bidding have long been the policy there.
3. Timber constitutes the only source of revenue on the reservation
for the Indian allottees.
4. The method of payment for Indian timber and the way in which that
timber is appraised and reappraised depresses prices.
5. Indian Bureau supervisory personnel pay lipservice to the
principle of maximum return for Indian timber, but actually are
reluctant to explore or devise alternative sales methods.
6. Eighty percent of the allotted Indian owners do not reside within
the reservation and, under the present tribal government, have no right
to choose their tribal representatives and thus are deprived of a voice
in decisions affecting their property interests.
7. In a 550000 stumpage-price readjustment in the sales contracts
between the Bureau of Indian Affairs and two major purchasers of Indian
timber, the Secretary of the Interior, at the request of the purchasing
companies, agreed to levy an interest charge against the Indian timber
involved because of the requirement that the purchasers pay large
advance sums to the Indian allottees. This is an improper charge,
because it was not included in the original contracts of sale in which
the purchasers agreed to pay the advances to the Indian sellers.
No interest charge was contemplated by the contracting parties. The
charge is also discriminatory, because it is made "across the board"
against all timber in the sale unit. The interest charged each allottee
is not related to the size of the advance payment he receives or the
length of time which elapses between the date of advance payment and the
date his timber is cut.
The result of all these factors is that existing prices on the
Quinaielt Indian Reservation are today substantially below prices paid
for comparable Federal timber in the same area.
The committee finds that the continuance of these practices could
constitute a serious breach of trust by the Federal Government in its
relations with these Indian beneficiaries.
Nine recommendations were made for corrective action.(4) This
sub-committee finds that two of these recommendations, relative to
short-term sales and reduced advance payments, have been adopted while 1
other which would provide for timber access road construction, is being
tried. The other recommendations have not been adopted. These related
to timber pricing, the "interest" charge, improving business management
relations with the Indians, meaningful consultation with
Fp. 14-15. Pt. I, ibid.
TIMBER SALES-QUINAIELT INDIAN RESERVATION representatives of the
Indians, collecting funds from the Indians only the amount needed for
management purposes, and assisting the Indians to pool their timber so
that they might manage and dispose of it.
3. The Bureau of Indian Affairs has not gathered together adequate
data on the quantity of timber under contract, its quality, or the
average cost of production for a reasonably efficient contractor. Thus,
its timber appraisals and reappraisals have not been representative of
the timber's true market value. The Bureau contends that it is seeking
to establish an average price but, because the basic data needed to
properly define the average are either missing or sketchy, the average
prices derived by the Bureau are of questionable accuracy. The Bureau
has undervalued the Indian's timber.
There is printed as exhibit D on page 72 of this report a decision by
the Comptroller General regarding the propriety of an interest charge
assessed against the timber of the Quinaielt Indians which is embraced
by the Taholah and Crane Creek contracts. This decision sustains the
findings and recommendations made by the Legislative Oversight Function
Subcommittee in 560000 that the inclusion of this calculation in these
timber reappraisals is improper and should be discontinued.
4. The Bureau is authorized to collect reasonable fees to cover the
cost of any and all work performed for Indian tribes or for individual
Indians. In recent years it is estimated that these collections have
been substantially in excess of the cost of work performed on those
lands which produced the revenue. The Bureau has transferred
approximately $500,000 of moneys paid to the Quinaielt Indians to the
Treasury where it does not earn interest for the Indians. The Indians
are also charged for scaling and line survey services performed by the
timber purchasers, although they were originally advised that the Bureau
would render these services. The charge is made by reducing the price
of Indian timber to the purchasers, and the charge appears to be in
excess of the actual cost for these services.
The Department of the Interior, as trustee, has collected funds from
its Indian wards in order to offset the cost of administration of their
property. No accounting has been made of the funds collected and
disbursed, and the amount collected today exceeds the costs. Funds
collected from allottees are, in effect, being utilized to perform
services on the lands of other allottees.
5. The long-term timber contracts contain cumbersome and confusing
procedures for maintaining current contract rates at true market value.
The contracts provide that timber prices will be established and
thereafter will be adjusted quarterly so as to represent a stated
percentage of log values. Whenever the Secretary of the Interior finds
that a change in the existing ratios is warranted, he is authorized to
revise the ratios. If he finds that the ratio procedure outlined above
does not afford an opportunity to properly reflect the true market value
of the stumpage, he may invoke section 11 of the contracts and base new
rates on trends in economic conditions in the westcoast logging and
lumbering industry.
6. The subcommittee finds that the rights of the Indians and the
purchasers under the terms of the current contracts are not fully
protected through a systematic method of providing for appeals through
formal hearings. Inasmuch as substantial property rights of both the
Indians and the purchasers are directly affected by the decisions made
by the Bureau of Indian Affairs in the field, the
TIMBER SALES-QUINAIELT INDIAN RESERVATION Commissioner of Indian
Affairs here in Washington, D.C., and by the final decision of the
Secretary of the Interior, there ought to be a method to provide
representatives of the Indians and of the purchasers an opportunity to
testify and present evidence through a formalized hearings and appeals
procedure. A requirement spelled out in the current contracts is that
the Bureau, before changing timber prices, must consult with the
purchasers. This consultation permits the purchasers to protest, but
does not give them any clearly defined method of presenting their
appeals, either to the Commissioner or to the Secretary. The Bureau
does notify the tribal council of its intent to revise timber prices,
but since the tribal council, according to the testimony, represents
only that small fraction of Indian holdings and interests in tribally
owned and unallotted lands, it would appear that the Indian allottees
not only are unrepresented but have to rely on individual inquiries to
find out what the Bureau actually proposes to do. On many occasions the
Indian allottees have protested to congressional committees and to their
own representatives in Congress when they learn of proposed changes, but
so far as this subcommittee is able to determine, the Bureau of Indian
Affairs has made little, if any, effort to consult with the affected
Indians or even to advise them fully of impending changes.
7. It is clearly shown in the testimony before the subcommittee that
the Bureau of Indian Affairs has applied its general patent in fee
policy to the Indians of this reservation without giving due
consideration to the impact of that policy upon the individual Indians
whose timber is already under a long-term contract of sale. Indians
whose timber has already been contracted for have been permitted to
obtain patents in fee despite the fact the timber could not be removed
or sold to anyone other than the purchaser holding the contract. While
the Bureau representatives testified that Indians who applied for
patents in fee under these circumstances were informally advised of the
fact that their timber could be sold only to the contractor, and that
the Indians would subject themselves to taxation, nevertheless, the
Bureau has failed to work out a standardized method of advising these
Indians of their rights and liabilities should patents in fee be issued.
Furthermore, the general patent in fee policy has resulted in the grant
of patents on those areas which are not yet under contract of sale
without first developing means to provide access to the property so that
the timber thereon may actually be sold.
8. The Bureau has not secured definitive information relating to the
allottees and allotted property on the reservation. There is a need to
establish the educational status, economic situation, aspirations, and
needs of these people, and at the same time to secure detailed data on
their allotted lands. Nor can the increasingly difficult problem of
expanding heirship rights on the reservation be longer ignored.
9. The large-sale program that the Bureau of Indian Affairs has
carried out so consistently has never provided for Indian participation
on a basis pointed toward eventual Indian operation of the reservation
resources without Federal supervision.
In fact, the methods and procedures for operation have been such as
to require continued Federal supervision. This subcommittee believes
that the Indian programs must be geared to developing increased Indian
responsibility for the operation and management of Indian-owned
resources.
RECOMMENDATIONS
The subcommittee submits the following recommendations:
1. The Secretary of the Interior should enter into a management
agreement with the Secretary of Agriculture placing the responsibility
for carrying out prescribed forestry functions for the Western
Washington Agency, and in particular for the Quinaielt Reservation, in
the Forest Service. The agreement should provide for full reimbursement
to the Forest Service for services rendered on each timber sale contract
from the proceeds of the sale and for reimbursement for services on
other areas from other fund sources.
2. The Secretary of the Interior should delegate to the Commissioner
of Indian Affairs the responsibility for approving rate changes in the
existing timber contracts.
The Secretary of the Interior, in delegating contract rate
determination responsibility to the Commissioner of Indian Affairs,
should set forth in detail the factual information that shall be
gathered by the appraisers and the procedures that should be applicable
in the computation of stumpage rates.
3. In order to achieve a sound accounting basis for the accumulation
of facts relative to the value of the forest products and the cost of
manufacture, the Secretary of the Interior should consult with and
obtain the advice of the Comptroller General on the accounting
procedures and systems that will best portray the situation.
4. It should be the responsibility of the Forest Service to
establish prices reflecting the true market value of the timber.
The price for timber under long-term timber contracts with price
renegotiation clauses should be adjusted to represent as closely as is
feasible the true market value of the timber to be cut in a subsequent
pricing period. To meet this goal, an adequate up-to-date estimate of
the overall contract volume should be secured. Each year, prior to
pricing and cutting, a detailed quality and volume cruise and logging
cost estimate should be made of the timber to be cut. In the event
additional timber over the amount decided upon for the subsequent year
is desired for cutting, advance notice should be given so that a
separate valuation may be made.
The appraisers should gather factual information that will indicate
the costs applicable to logging this particular timber. In order to
prevent the purchaser from being penalized for efficiency or having
inefficiency subsidized at the Indians' expense, average costs
representative of the various elements of logging and overhead should be
utilized. Where logging factors affect costs to the extent that average
figures do not portray the facts, appropriate variations in allowances
should be made. However, if the contractor elects to utilize a
procedure for logging which varies from the normal industry practice or
which is experimental in nature, cost allowances should not be raised or
lowered to underwrite risks or penalize initiative.
Insofar as is possible, the price to be paid an Indian for his timber
should represent the true market value of that timber, taking into
TIMBER SALES-QUINAIELT INDIAN RESERVATION account the necessity for
logging the allotment as a part of an economic size setting.
5. The Department of the Interior has taken the position that these
timber sale contracts are private ones between the Indians and the
purchasers, relying on United States v. Algoma Lumber Company (305 U.S.
415 (390000)), and that the United States is technically not a party to
this type of contract, so that they are not in the nature of public
contracts. If the position taken by the Department is a sound one, then
it would appear necessary that the Department institute a formal
hearings and appeals procedure under which the rights of the private
parties to these contracts would be fully protected. It is, therefore,
recommended that the Secretary establish a procedure designed, as far as
practicable, to meet the procedural requirements of the Administrative
Procedure Act.
It is suggested that the Secretary delegate to the Commissioner of
Indian Affairs or to the area director of the Bureau of Indian Affairs
the responsibility for initiating rate redeterminations. Should the
parties desire to appeal from this initial decision, then it would be
appropriate for the Secretary to establish a clearly defined appeals
procedure whereby the parties would be given the opportunity to present
their facts and evidence in the course of a formal hearing, either
before the Secretary himself, or before the Board of Contract Appeals of
the Department of the Interior. If the Board's decision is appealed to
the Secretary the latter's decision would be final and binding upon the
parties. A procedure of this kind would appear necessary and desirable
in order to permit the Secretary to have available all the facts of
record before he renders a final decision.
The subcommittee recognizes that consultation as such would still be
required under the contracts, but in the event the parties could agree
on the suggested procedure, then it would appear that the consultation
requirement might be waived.
6. The Secretary of the Interior should present to the chairmen of
the House and Senate Interior and Insular Affairs Committees legislation
which will amend title 25, United States Code, section 413, so that
funds needed for the operation of timber contracts may be collected from
timber payments and held in a special account to be used for the
management of the contract which produced the revenue. Funds collected
in excess of needed amounts should be refunded to the Indians. Funds
should be made available for contract administration, the improvement of
lands, and the construction of roads to harvest timber.
7. The Commissioner of Indian Affairs should furnish each allottee
informative reports describing the progress of operations, the outlook
for the future, significant management problems of interest to the
owners, the timber prices being paid, and the factors that influence
price.
The Commissioner of Indian Affairs should encourage the election of
management advisory boards adequately representative of all of the
allottees on the reservation. Four boards are suggested: One to
represent each of the 2 areas under long-term contract, a third to
represent the Qucets area, and a fourth to represent the cutover area.
These boards should not supersede or infringe upon the political
government of the reservation. Their purpose should be to give
information to, and receive it from, those charged with the management
of the
TIMBER SALES--QUINAIELT INDIAN RESERVATION reservation. Consultation
between these boards and the Bureau should be utilized to develop a
final and equitable method of replacing Federal supervision with
owner-management.
8. The patent-in-fee policy on this reservation should take into
account the peculiar problems that exist. The competency of the
applicant to administer his affairs should be ascertained. The Bureau
should secure factual data on the economic status and needs of each
allottee, and should also obtain detailed information on the condition
of each allotment. Prior to the issuance of a patent-in-fee, a
timber-management plan should be prepared which is geared to the needs
of the allottees and designed to foster sound forest management. The
allottee should be provided with full information on State and private
services available to him. He should be fully advised of the probable
liabilities and duties that would be imposed upon him as a fee simple
landowner. Each patent should assure a right of ingress and egress
across intervening land. Where a group of allottees desire to continue
ownership of their land in fee simple, but to pool their timber
resource, every encouragement and aid should be given to enable them to
do so.
Where an allotment is covered by an existing timber contract and a
patent-in-fee application is received, the allottee should be advised
immediately, fully, clearly, and in writing, as to whether the contract
can be set aside and, if it cannot, what disposal can be made of the
property; whether the person will be free to manage the property and
renegotiate timber prices; what taxes will be applicable to the
property, and such other information as will enable the applicant to
make a sound decision.
9. The Secretary of the Interior is requested to take the necessary
action to insure the implementation of these recommendations by 580701.
A complete report should be submitted to the committee within 120 days
after issuance of this report setting forth action taken. At the same
time, there should be submitted a draft of any legislation needed to
implement recommendations.
PART II
BACKGROUND STUDY
1. TIMBER PRICES
The record shows that the Bureau of Indian Affairs has consistently
lacked factual information upon which to derive the price for timber
sold under the two existing long-term contracts. In 480000, when the
Bureau prepared to advertise the Taholah and Crane Creek sales, their
appraisers wrote:
Considering all species Crane Creek supports the best quality timber
with the Taholah unit second # # #
Figures 1, 2, and 3 depict the actual contract rates paid for the
Crane Creek and Taholah timber since 530101. Exhibit A in the appendix
(p. 63) contains the actual contract rate data. The log, and since the
third quarter of 560000 the Taholah timber has been scaled on this
basis. The graph indicates that, if the cedar rate for the Taholah
contract was adjusted upward 11 percent to account for the scaling
differential, it would have been almost identical with the Crane Creek
rate between 530000 and the third quarter of 560000. When the Bureau
adopted 40-foot-log scaling on the Taholah contract, the cedar rate
moved above the Crane Creek rate despite their contention that the Crane
Creek cedar was superior. However, in 570000 the Bureau again reversed
itself and raised the cedar rate for the Crane Creek unit above the
Taholah unit rate.
The past relationship between the cedar prices in these two contract
hardly conforms to the Bureau analysis. Originally the Crane Creek
rates for white fir and hemlock were substantially higher than the
Taholah rates, but the 570000 reappraisals made these rates almost
identical.
Speaking of logging costs, the Bureau appraisers reported in 480000:
In sharp contrast to the Taholah ### logging (unit) the Crane Creek
unit presents a much easier aspect from a logging standpoint. It is
level to moderately rolling in character.
Logging cost estimates are as follows:
Logging cost estimates (per thousand board-feet)
Table not keyed see original
In 480000 it was estimated that Crane Creek could be logged for $1.30
per thousand board feet less than the Taholah contract. In 570000 the
TIMBER SALES: QUINAIELT INDIAN RESERVATION
FIGURE 3 - ACTUAL CONTRACT PRICES PAID TO QUINAIELT INDIAN CRANE
CREEK AND TAHOLAH CONTRACTS 530000-570000
CEDAR
Chart not keyed, see original
TIMBER SALES: QUINAIELT INDIAN RESERVATION
FIGURE 2 - ACTUAL CONTRACT PRICES PAID TO QUINAIELT INDIAN CRANE
CREEK AND TAHOLAH CONTRACTS 530000-570000 HEMLOCK
Chart not keyed, see original
16 TIMBER SALES QUINAIELT INDIAN RESERVATION
FIGURE 3 - ACTUAL CONTRACT PRICES PAID TO QUINAIELT INDIAN CRANE
CREEK AND TAHOLAH CONTRACTS 530000-570000 WHITE FIR
TIMBER SALES QUINAIELT INDIAN RESERVATION relationship is reversed.
The estimated cost for logging the Crane Creek unit is now $0.15 per
thousand board feet higher than Taholah.
A review of the record for the Taholah and Crane Creek contracts
shows that the Bureau of Indian Affairs:
1. lacks an up-to-date estimate of the timber volume it has placed
under contract;
2. has no factual data on the quality of the timber to be cut;
3. has used average log values for each species that are not
representative of the value of the timber scheduled for cutting in the
foreseeable future;
4. has used logging cost estimates that lack a firm base;
5. has abandoned the concepts in the original contracts in
establishing the profit and risk allowances.
Thus, the stumpage price does not reflect the value of the timber.
The almost total absence of sound factual information does not support
the Bureau of Indian Affairs contention that it has been able to
substitute judgment for facts on a basis that can consistently be fair
and satisfactory to the allottees and the timber purchasers.
The establishment and maintenance of proper timber prices is the most
important business service performed for allottees on this reservation.
The timber prices set by the Department of the Interior never have had,
and do not now possess, a factual base sufficient to establish
confidence that they reflect the true market value of the timber.
Timber volume affects price
In its original development of the Crane Creek and Taholah timber
sales, the Bureau used a contract timber volume substantially less than
it knew existed on the areas.
Table not keyed see original
The 470000 data were arrived at by utilizing overcut data by species
from previous contracts. The staff hastens to point out that the
application of overcut figures from contracts cut since 200000 does not
substantiate that the present contracts will produce similar overcuts.
For example, overcuts as high as 166 percent above the estimate are
found in earlier contracts. This is indicative of the inadequacy of
cruise estimates used by the Bureau of Indian Affairs.
In 540000 the Bureau applied a somewhat similar procedure and
estimated that the Crane Creek contract would cut out 979 million board
feet while Taholah would produce 877 million board feet.
TIMBER SALES QUINAIELT INDIAN RESERVATION
Despite these data the Bureau has continued to use the original
conservative contract figures in all computations for official appraisal
purposes.
Further evidence of the Bureau's inadequate data is contained in the
520000 annual report of Rayonier, Inc.:(7)
Aerial photographs of a given area on a scale of 1,000 feet per inch
are taken at an altitude of 12,000 feet and are made according to rigid
specifications. Trained foresters, studying the photographs, through
stereoptical instruments giving a three-dimensional effect, can
determine the species, age class, and number of trees with surprising
accuracy. This method of photogrammetric mapping of the 35,000 acres in
the Crane Creek unit provided within a few months the basic inventory
information of the standing timber. It would have required a much
longer period, and additional personnel, if conventional cruising
methods had been used.
In 530000 the company again reported to its stockholders that this
contract:(8) # # # was estimated to contain more than 1 billion
board-feet.
The company data indicates that the Bureau's contract estimate of 614
million board-feet was low and that both the adjusted estimates of 848
million and 979 million board-feet may prove conservative.
The use of a total volume lower than will be cut to compute costs
will provide greater cost allowances to the purchasers than are actually
incurred and a resultant loss to the Indian.(9)
In 570000 the Bureau foresters stated that cutting "had been almost
entirely in the better quality stands"(10) and that in the near future
it would be necessary to log in some of the poorer stands.
In a 540000 management plan report, the Bureau foresters offered the
opinion that stands of timber, which contain a higher percentage of
lower grade logs will bring a greater percent of overcut than the better
stands.
The import of the statements is that, as quality declines, the
percentage of overcut will increase. The validity of this statement is
open to question. Cutting on five allotments on the Crane Creek
contract cut out by 561031, showed average overcuts of 134 percent,
while 11 allotments on the Taholah contract averaged only an 18 percent
overcut.(11)
The situation, however, is one that calls for fast corrective action,
for, if the contention of the Bureau's foresters is borne out, the
overcuts will become progressively greater.
A further problem exists because the allotment estimates which were
made in 160000 do not agree with the record of timber cut. On the Crane
Creek sale cedar has overcut 112 percent on these 5 cited allotments,
while on the 11 Taholah allotments cedar has undercut 92 percent.
Hemlock overcut 351 percent on Crane Creek and 24 percent on Taholah,
while spruce overcut 3,710 percent on Crane Creek and but 60 percent on
Taholah. The Bureau contends that the presence of cedar affects the
overall value of the timber. On these 11 Taholah allotments cedar was
estimated to be 22 percent of the timber, but it cut out only 1.4
percent of the volume. On the
6 Pp 347,260, bearings, Quinaielt Timber Sales.
7 Annual report, 620000, Rayonier, Inc.p. 20.
8 Annual report, 530000, Rayonier, Inc. p. 22.
9 See also p. 34 of this report.
10 Hearings, Quinaielt Timber Sales, p. 251.
11 Management Plan for the Quinielt Reservation, 540326 p. 24.
TIMBER SALES; QUINAULT INDIAN RESERVATION 5 Crane Creek allotments,
cedar was estimated to be 90 percent of the timver, but it turned out to
be only 18 percent of the cut. the Crane Creek contract was originally
estimated by the Bureau to contain 54 percent cedar, but to date 62.1
percent of the cut has been cedar. However, the purchaser testified
that only 41 percent of the sale is estimated to be cedar. On the
Taholah sale 60 percent was estimated to be cedar, but to date only 47.7
percent of the cut has been cedar.(12) Continued reliance on erroneous
estimates compounds pricing mistakes.
To properly conduct a timber sale on allotted lands, it is necessary
to have an accurate cruise for the timber on each allotment.
In order to make these sales in 490000, the Bureau knew that it was
going to have to proceed, from the standpoint of computing advance
payments, on the outdated 160000 cruise. These inaccurate date were
used for timber appraisal purposes; even though information was
available which indicated that these contracts would cut substantially
more than the estimates.
Ten years have elapsed since the original sale estimates were made.
The Bureau has not applied conservative volume increases in either the
550000 or 570000 reappraisals, nor has it commenced a new cruise of the
contract area so that appraisals will be more precise. The possibility
of tremendous overcuts, and the depressing effect of conservative volume
estimates on timber prices, indicates a need to secure and use overall
volume estimates for appraisals that more closely reflect the actual
timber volume.
For overall appraisal purposes on these 30,000-acre contracts, the
cruises should state the estimated volume to a predetermined degree of
statistical accuracy that is satisfactory for appraisal purposes. A
2-percent cruise should be sufficient to be within +/- 10 percent to 2
standard errors. The purpose of this cruise is to give an overall
figure for the proration of costs chargeable to the entire contract. It
would not provide an adequate evaluation of the species content or
quality.
In order to properly evaluate the timber, a more intensive cruise
should be made of the area to be cut within 2 years of the time it is
scheduled for cutting. This cruise should be designed to provide a
statistically sound sample of the volume and quality, and sufficient
factual information on stand composition and characteristics for the
appraiser to assess the cost of logging.
Until the Bureau secures both cruises, its estimates will continue to
lack soundness. Of the two estimates, the detailed cruise is the more
necessary in order to protect individual values. Information is already
at hand which indicates that substantial increases can be forecast in
the overall sale volume.
Quoted log values may not reflect the true value of logs
Stumpage prices on this reservation are arrived at by deducting the
cost of logging and an allowance for profit and risk from log values.
Erroneous log values will directly affect stumpage values. The volume
of logs sold annually for which there are reasonably reliable sale-price
data has diminished rapidly over the past several years.
(16) Hearings, Quinault Timber Sales, pp. 15, 25, 111, 275, 276, 444.
TIMBER SALES QUINAIELT INDIAN RESERVATION
In a draft letter dated 471128, the Commissioner's office raised a
question about the applicability and suitability of these data.
If the percentage of logs produced by the independent loggers as
compared with the total production in the Pacific Northwest should
continue to decline and if the average price of logs published by the
Pacific Northwest Loggers Association should become less reliable as a
basis for determining the stumpage values of standing timber, the Indian
Service might find itself in a very embarrassing position long before a
40-year contract was completed. Under the terms of the proposed
contract, the Indian Service would be obliged to continue to use the
published average log prices as a basis for stumpage adjustments
regardless of the results obtained. We would like to have your forestry
staff give this point careful consideration.
In 500000 the three log-market selling value data came from sales
totaling about 1 billion feet, while in 560000 it rested upon only 577
million feet.(13) By comparison, the cut of national forest timber has
jumped from 1 billion to 2 billion board-feet in this period.
In 500000 the log-market data covered a volume equal to Forest
Service sales, but today it is about one-quarter of the Forest Service
volume. At the same time, this log-market report has shrunk from
one-tenth to one-twentieth of the regional cut of all public and private
timber. The bid values for Forest Service sales, which are about four
times greater than reported log sales, should be a reasonably good
indicator of the applicability of this log value data. The record
indicates that timber purchasers have consistently bid more than Forest
Service appraised rates.(14)
There are many factors which influence bidding, and the sole cause of
overbids would not be erroneous log values. However, there is no
information that refutes the contention that the log values used by the
Forest Service may be considered as minimum values.
The Bureau of Indian Affairs advised the subcommittee that it, in
conjunction with the other Federal agencies in the Northwest, is in the
process of developing its timber appraisals to a point where the
manufactured product, such as lumber, plywood, and pulp, will become the
starting point in appraisals. With the constantly diminishing base of
reported log values, this step should help considerably in firming up
the starting point for timber appraisals. Until this improvement can be
effected, the log values successfully used by the
(13)Hearing, Quinaielt Timber Sales, pp. 210-222.
(14)Comparison of Forest Service appraised and bid prices by years,
west side sales, Oregon and Washington and sales on Olympic National
Forest, Wash.:
Table not keyed see original
TIMBER SALES; QUINAIELT INDIAN RESERVATION
Forest Service in competitive sales should be considered as minimums
for use in Indian Bureau appraisals.
Timber quality affects value
In arriving at the average log value for each species, the appraiser
selects log values by log grades and weights them by the percentage of
the various grades in the sale being appraised. The Comptroller General
pointed out, in his audit report on the Bureau of Indian Affairs, that
the Bureau utilized log grades in the 550000 reappraisal of the Crane
Creek contract that are substantially lower than those found in
scaling.(15) These grades are those that were used in the original
appraisal in 480000. In 570000 log grades were revised, and in the two
examples cited, the cedar grade was moved up and the hemlock down.
Table not keyed see original
These data indicate that, if the actual yield for the scaling period
cited continues, the average weighted cedar log value used in the
appraisal will be approximately 25 percent lower than the true market
value, while the hemlock will be overpriced by about 4 percent over
scale returns.
If cutting continues at the present ratio between hemlock and cedar
and the grade differentials cited above continue at a cutting minimum
(15)Hearing Quinaielt Timber Sales, p. 185.
TIMBER SALES; QUINAIELT INDIAN RESERVATION of 20 million board-feet
a year for these 2 species, the annual loss to the affected Indians may
be about $190,000. Thus, it can be seen that the selection of the
proper log grades is a most important factor.
In the 550000 reappraisals the Bureau of Indian Affairs stated:(16)
The entire matter of log grade requires further study. The evidence
presented herein is disturbing and indicates that adjustments of grade
percentages may be necessary.
The 570000 reappraisal dispatches the subject with the following
comment:
Since 550200, all logs produced on this unit have been scaled and
graded by the Grays Harbor Log Scaling and Grading Bureau. Records of
log grades for the different species have been computed and analyzed in
order to obtain a comparison with those originally estimated prior to
the time the timber was sold. Although the results of somewhat over 1
year of experience represents a relatively large volume, it is not
truely indicative of the average stand for any lengthy period of the
future. Cutting has taken place almost entirely in the better quality
stands suring the past year and it will be necessary to log some of the
poorer stands in the near future. Experience and judgment indicate that
the quality of cedar recovery on this unit for the past year is high and
the hemlock recovery low, when compared with the original estimates of
grades. The quality recovery as obtained from the scaling bureau
records has been supplemented with other information and experience as
well as the experience of other appraisers to determine reasonable
recovery percentages. These percentages may be revised from time to
time as additional information dictates such action.(17)
In the intervening period, which encompasses 18 months, the Bureau
has failed to develop factual information to assess the nature of needed
changes. Cedar log grades were revised but the increase was only 4
cents per thousand board-feet. Hemlock grades were lowered by $5 per
thousand board-feet. Proportionately far more attention was paid to the
fact that hemlock has graded only 10 percent below sale estimates than
was paid to the fact that cedar grades are 25 percent above the sale
estimates.
The nature of this change is of further significance when it is
recalled that in 550000 the Bureau of Indian Affairs attributed the
lower grades for hemlock solely to the timber purchasers' practices
which consigned this species for pulp use:
Accordingly no effort is made to cut logs in the woods to produce
better grades. Since all logs are transshipped from the unit by rail on
40-foot cars, the standard log length is 38 feet. Many of these logs
have clear lengths up to 32 feet or more of their length which would
grade peeler or No. 1. The remaining length is knotty, however, and the
resulting grade is No. 2. It is the opinion of this writer that this
factor alone accounts for the low percentage of No. 1 and peeler grades
reported for hemlock and white fir.(18)
It can be concluded that the Bureau of Indian Affairs has not
diligently examined evidence which disturbed it in 550000. Its 570000
adjustments in cedar log grades are superficial and have little effect
on appraised values, while hemlock and white fir, the species where
reported low grades were questioned, have suffered a substantial
reduction.
The original log grade percentages and the revised 570000 log grade
estimates are guesses. The total absence of a satisfactory overall
estimate of volume and grade makes it impossible for the appraiser to
arrive at meaningful adjustments that fairly reflect the value of the
timber. The purchasers contend that the timber presently being cut is
above average, and the Bureau of Indian Affairs agrees. But
TIMBER SALES QUINAIELT INDIAN RESERVATION no one knows what the
average is. Thus, efforts to correct or adjust log grades are
meaningless.
The influence of these guesstimates on the value of the individual
Indian's timber is significant. An Indian whose entire allotment is cut
now may lose sizable revenue due to undervaluation of his timber.
Past timber sales do not substantiate the belief that adjustment to
average conditions can, or will, be made so that an average price will
be paid over the life of the contract which reflects average timber
quality. The timber is the property of the individual. Thus, it would
be more equitable to insure that, at the time each Indian's timber is
cut, he receives a payment for it that more nearly reflects the value of
his timber when it is cut.
Log values affect stumpage rates
The Bureau cites figures comparing the log values they have tabulated
from trade sources with those used by the Forest Service. The
tabulation, however, did not present the Forest Service data on a
comparable basis.(19)
The Bureau derived its log values for their 570208, appraisal from
fourth quarter 560000 data. The following table cites Bureau of Indian
Affairs log values and the log values that were then being successfully
used for Forest Service appraisals on sales offered and sold at
competitive bid.
Table not keyed, see original
All the Bureau log values were substantially below those then being
used by the Forest Service. The committee calls attention to the fact
that the Forest Service made several sales in 570100 and 570200 using
these 560000 log values.
The Bureau later listed the 570116 revision of log values by the
Forest Service which involved a reduction of only the cedar log values.
The Bureau of Indian Affairs found that white fir and hemlock log values
were rising compared to the values they used for the 570208, appraisal,
but still their log values for white fir and hemlock are appreciably
below the Forest Service data and their cedar log values are both above
and below the new Forest Service data.
10 Hearing, Quinaielt Timber Sales, p. 432.
TIMBER SALES QUINAIELT INDIAN RESERVATION
Table not keyed, see original
In the 570208, appraisal the Bureau foresters used log values well
below those successfully applied by the Forest Service in sales offered
for competitive bids and omitted mention of the higher Forest Service
log values in effect in the fourth quarter of 560000. In 570300,
however, new Forest Service 570000 cedar log values are cited as a basis
for lowering Bureau of Indian Affairs cedar log values. The Bureau of
Indian Affairs said:
These values correspond very closely to those shown in the previous
table as derived by the Bureau of Indian Affairs.(20)
The Forest Service data that justify a drop in log values are cited
in this case, while any data that would show an increase are not used.
The Bureau foresters failed to apply the one confirming test which
would help establish how well judgment was being exercised; the test of
sales successfully made.
The basic log value data used by the Bureau of Indian Affairs are
generally lower than the values derived by the Forest Service. These
log values have nothing to do with the special conditions surrounding
the logging of either national forest or Indian timber. The Forest
Service log values are tested by numerous sales. The Bureau of Indian
Affairs utilization of lower log values for the renegotiation of
stumpage rates cannot be justified.
Logging costs affect timber value
According to data successfully used as a guide for pricing adjacent
national forest timber, which is sold competitively, 81 percent of the
cost of logging is attributed to 4 items: road development, 26 percent;
transportation of logs to the mill, 21 percent; yarding and loading
logs, 19 percent; and felling and bucking, 15 percent. Eight other
items, which include equipment repair, depreciation, taxes and
insurance, supervision, fire protection, and general administration,
account for only 19 percent.
The four costs first enumerated are usually peculiar to the
particular sale being considered. Road development costs vary with its
length, quality, drainage and other factors. The cost per thousand
board feet (for road construction) decreases as the timber volume in the
sales increases.
The Bureau of Indian Affairs does not have any road estimates for the
sales on this reservation which approach or remotely resemble an
engineer's estimate.(21) The lack of engineering data points up the
Hearing, Quinault Timber Sales, pp. 339-346.
Ibld., pp. 455, 539.
TIMBER SALES QUINAIELT INDIAN RESERVATION need for facts upon which
the appraiser can convert overall costs to costs per thousand
board-feet.
Transportation costs are influenced by the number of miles the logs
must be transported from the woods to a market place. Indian Bureau
records indicate that it is utilizing data similar to that used by the
Forest Service.
Yarding and loading costs depend on the condition of the terrain over
which the logs must move from the stump to the truck landing, the length
of the yarding haul, the size, weight, and length of the logs, and
whether the yarding is done by tractor, high lead or some other method.
There need be no similarity between agency costs, but it is pertinent to
note that the Bureau's cost estimate is very close to the average
figures found in the Forest Service guide. This close similarity
indicates that the yarding and loading conditions for the Indian timber
may be quite similar to the average Forest Service situation.
For felling and bucking, the story is much the same. This item, plus
yarding and loading, which constitute 34 percent of average Forest
Service guide figures, and the Bureau of Indian Affairs has advised the
committee that their costs equal 35 percent of total logging costs.
There are 8 other items cited in the Forest Service guide--primarily
overhead items--and these total 19 percent of Forest Service costs. The
Bureau of Indian Affairs estimates that these items constitute 34
percent of the logging cost dollar for Indian timber. The following
table shows the extent of the variations between these overhead items.
Table not keyed, see original
There is no reason why the average operating costs for logging Indian
timber and national forest timber should be the same if the conditions
are not the same. However, the Bureau of Indian Affairs data for
felling and yarding indicate a close similarity in these major items.
There is nothing in the record to substantiate that the overhead;type
costs for Indian timber should be so far above the Forest Service
averages.
This difference in overhead costs reduced Indian timber prices by
about $5 per thousand boardfeet below what would be received if the
national forest data were applied.
Commenting on the situation, the Comptroller General advised:
Operating costs used in appraising and reappraising Indian timber are
obtained by the Bureau from data submitted by operators. No audit is
made by the
Ibid., p. 446.
TIMBER SALES-QUINAIELT INDIAN RESERVATION Bureau of the operators'
records to determine the reliability and accuracy of the costs for the
purpose for which the Bureau is going to use them. The absence of
review of the operators' cost accounting system and of a selective audit
of transactions precludes reasonable assurance that the cost data
obtained are reliable and accurate.
He also stated:
We were often unable to obtain work-paper support that explained how
certain figures used in the appraisal and reappraisal of timber were
derived or why certain data were used in preference to other data.
Figures and data which could not be verified by reference to work papers
varied in the different Indian agencies. Generally, information such as
production costs used was not documented; also, reasons why certain
costs were used in lieu of others were not explained. # # # The absence
of explanatory supporting documentation made our review of timber
appraisals quite difficult and made it impossible for forest managers at
the Indian agencies to answer some of our questions on matters that
occurred prior to their entrance on duty at those agencies. The failure
to document computations and decisions that comprise timber appraisals
is a serious deficiency because it precludes an effective review of the
appraisals and, upon subsequent reappraisals, deprives the reappraising
forester of valuable historical data that are pertinent to the
reappraisals.
Of even greater significance is the origin of the Bureau of Indian
Affairs logging cost data.
The following table traces the cost history.
Taholah contract
DIRECT LOGGING COSTS
Table not keyed, see original
TIMBER SALES--QUINAIELT INDIAN RESERVATION
Taholah contract--Continued
TRANSPORTATION AND DEVELOPMENT COSTS
Table not keyed, see original
The Taholah contract history is cited, because the Bureau of Indian
Affairs recast the costs on the Crane Creek contract to bring them into
harmony with the Taholah costs. The 550000 reappraisal forms the base
for current cost estimates on both contracts.
The cost variations for the 550000 and the 570208, reappraisal, and
the 000529 report to the committee, reveal the type of figure juggling
that has occurred for the overhead items. The Bureau records do not
indicate that regular annual reviews of logging costs have been
conducted. For example, the Bureau does not cite any recent cost data
of its own for the 570208, reappraisals. The 550000 and 570208, cost
analyses used for reappraisal purposes are not as refined as the 480000
or the 570500 analysis presented to the committee. In 550000, overhead
items such as equipment repair and depreciation, which were
consolidated, were obtained by making a deduction from direct-cost
items. Taxes and insurance were deducted from general overhead.(25)
The logging costs in the 570208, reappraisal were arrived at by
applying a blanket 4 percent increase to 550000 costs. When this was
questioned, the Bureau reported a new breakdown for 570000 to the
committee on 000529, which is but a further estimate of an estimate.
Two items, fire protection and hazard reduction, which have not
heretofore been shown, appear. Snag felling, which was present in
480000, has disappeared. General administration did not appear in
480000, and was $4.50 in 550000; in 570000 it was listed first as $4.69
and later as a $4.60 item. Equipment repair and depreciation, which
were separate in 480000, then totaled $0.71. In the 550000 and 570000
reappraisals they were lumped together, and for 570200, they totaled
$1.56, and later became $3.75. In sum, the Bureau's analyses are but a
confusion of numbers which rest on a very thin base.
It is difficult to accept the Bureau's contention that overhead costs
for operating reservation timber are double those for operating national
forest timber. Supposedly the costs are not related to the efficiency
or inefficiency of the purchaser, but to the average cost experience of
the industry with adjustments which local conditions show call for a
departure from average costs.
In fact the Bureau states, in what it purports to be part of its
appraisal manual, which it presented on page 414 of the hearings:
That there is usually good reason for fairly uniform charges within a
limited period on such items as insurance and taxes, overhead, loading
and reloading, slash disposal, and snag felling # # #, since these are
not inclined to vary greatly between units.
Bureau practices which are shown in the tables on pages 25 and 26 do
not conform to these instructions.
The Bureau of Indian Affairs 570208, reappraisal showed that 550000
logging costs were adjusted upward by 4 percent to reveal
(25) Report on Federal Timber Sales Policies, Committee on Interior
and Insular Affairs, p. 222.
TIMBER SALES--QUINAIELT INDIAN RESERVATION the current situation.
However, the relation between the 550000 and 570000 costs used by the
Bureau and those reported to the committee on 000529, does not bear out
this contention.
The Bureau's 570208, appraisal and their report to the committee on
000529, reveal the following variations:
Percent
Felling and bucking -2
Yarding and loading -11
Supervision -7
Taxes and insurance -44
Road construction 0
Transportation 0
General administration +2
Equipment repair and depreciation +150
If the Bureau's statement to the committee can be relied upon, it
would appear that, while 6 items, totaling 73 percent of costs, have
dropped or remained stable, only 2 items have increased and 2 new costs
have appeared. Yet the 570208, reappraisal showed a blanket 4 percent
increase for all items. This is at great variance with the Bureau's
000529 contention.
The committe received an additional analysis on 570617.(26) This
differs from all of the previous information furnished, and further
reveals, the paucity of facts at the Bureau's command.
The Forest Service obtains cost data from various industry
sources.(27) These data may not be perfect, but they apparently
represent the best
(26) Hearing, Quinaielt Timber Sales, p. 530.
(27) Cost by logging method, H. J. Andrews experimental forest
compared with Douglas-fir regional averages. 500000-540000.(a)
Table not keyed, see original
(a) From What are Logging Costs. In the Timberman, 570405, pp.
48-52.
(b) cost items generally follow Forest Service stumpage appraisal
definitions, with the following exceptions: Felling, bucking, yarding,
and losing costs include supplies and repairs. Tractor yarding includes
cost of water bars and diversions in tractor trails. Felling
unmerchantable trees is included in felling and bucking cost. Scalling
includes minor costs (during 500000 only) for dumping and rafting. All
general and administrative costs, plus crew hauling are listed under
officer expense. Road construction includes road engineering and
special erosion control costs.
(c) Average costs reported to U.S. Forest Service by 49 to 61
cooperating companies during 500000-640000. Comparisons of
experimental-forest average figures with regional averages cannot be
exact since many different criteries were used over the period to
distribute cost items. For instance, the regional average figures for
trucking road development, contain undetermined parts of overhead costs,
while with the Andrews' cost records, overhead items have been reported
separately.
(d) Includes overhead items for road construction.
TIMBER SALES--QUINAIELT INDIAN RESERVATION that is currently
available. It is significant that the Forest Service utilizes these
data in some 600 sales which it offers annually at competitive sale.
These sales have often been at prices well above appraised values.
Thus, the data may have a general element of conservatism.
The Bureau should have a documented basis for departing from average
costs, particularly for overhead type items.
This is not to suggest that the Forest Service figures are the
criteria which should guide all timber appraisers concerned with
federally managed timber. However, here is a situation where the Bureau
of Indian Affairs reports basic direct costs for logging which are very
close to Forest Service averages. On the other hand, the overhead items
are far above the Forest Service costs. The root of the problem,
apparently, is that the Bureau of Indian Affairs has made estimates of
estimates without ever having a firm factual base.
The price of the timber has been reduced so that the Indians pay
interest on advance payments for their timber.
The 2 long-term timber sale contracts on this reservation provide for
a series of 3 advance payments to the allottees by the timber
purchasers. This condition of sale was made known to all prospective
purchasers and to the Indians. The Crane Creek sale, offered in 1952,
required that $1,583,134, an amount equal to 25 percent of the estimated
value of the entire contract, be paid to the Indians when the contract,
was signed. On the third anniversary of the signing of the sale value,
was made, and on the sixth anniversary, $633,252, 10 percent of the
original sale value, will be paid. The Taholah contract entered into in
1950 contained a similar provision.
By the summer of 1955, two major advance payments which totaled about
$2.5 million had been made by each contractor. The Bureau had made
reappraisals for these contracts and was informally discussing them with
the purchasers. On 550816, a new appraisal was made which reduced the
price to be paid to the Indians for their timber. The Bureau states
that this action was taken in order to reimburse the companies for
borrowing allegedly done to make advance payments.
This unilateral action was taken despite the absence of any language
in the sale prospectus, the master or allotment contracts, or original
appraisals, that this was contemplated by the contracting parties.
However, both the sales prospectus and the contracts contain language
which fully recognize the magnitude of the required advance payments.
As a result of the action taken in 1955, the price of the timber
under contract to Rayonier was reduced by $1.95 per thousand board-feet,
and the Aloha price by $2.17 per thousand board-feet. The computations
which produced these reductions contained gross mathematical errors and
improperly allowed an additional allowance in "profit and risk" which
was not originally intended.
In the Report on Federal Timber Sale Policies, the Legislative
Oversight Function Subcommittee stated:
This is an improper charge because it was not included in the
original contracts of sale in which the purchasers agreed to pay the
advance to the Indian sellers. No interest charge was contemplated by
the contracting parties.
TIMBER SALES--QUINAIELT INDIAN RESERVATION
In the 1957 reappraisal, the Bureau recomputed the interest allowance
at $1.57 per thousand board feet on the Rayonier contract, and $1.25 per
thousand board feet on the Aloha contract.
The original appraisal contained a profit-and-risk allowance computed
at 15 percent of total logging costs exclusive of stumpage payments,
which was supposed to cover not only profit and risk, but also an
adequate return on any and all capital utilized in connection with
logging this timber.
If interest were a legitimate charge the proper procedure would be to
relate the charge to the Indians to the amount of money advanced, and
the time for which it is held. The charge would have appeared in the
initial appraisal, and in each allotment contract. It would be a fixed
and irreducible charge against each allotment. The Bureau, by its
action, has assessed the Indians in violation of any relation prescribed
by the master contract or the individual allotment contracts. Indians
whose timber was cut prior to 551000 were not charged "interest." Since
that time the Indians have been charged for "interest" and, in some
cases, the charge has been as much as 225 percent above their pro rata
share as computed by the Bureau.
This concept of the timber seller paying interest on advance payments
made by the timber purchaser is unique. It is a clear departure from
established business practices.
Federal timber appraisal concepts do not treat interest on borrowed
capital as a separate cost. Provision is made for a profit and risk
allowance which includes consideration of expenditures for State and
Federal income taxes and interest on borrowed capital, if any. In a
letter dated 561016, to the committee, the Interior Department
apparently subscribed to this proposition when it described the profit
and risk allowance, stating:
This allowance is actually composed of two main parts. The first
part represents normal interest on capital invested in the enterprise.
The second portion includes an allowance for known and unknown risks.
It is under this category that the interest on advance payments should
be considered rather than in costs.
However, the Department has persisted in improperly making a separate
cost allowance for this item. In order to ascertain whether interest on
borrowed capital may have been treated as a separate cost elsewhere, the
committee requested the Forest Service to state its practice. It
confirmed that interest on borrowed capital has always been treated as a
part of the profit and risk allowance. An example was cited of a large
sale requiring a million-dollar outlay for roads prior to operation.
Without differentiating whether or not the capital outlay was from
borrowed funds, before the sale was made, the Forest Service increased
the profit and risk allowance to recognize the larger than normal
investment. Thus, these two Indian contracts stand alone in the
procedure used in Government managed timber sales.
It is not always possible to ascertain with finality the extent to
which borrowed capital may be involved in a given operation which
represents only a part of the enterprises of a company. The Bureau
originally rested its case upon the position that Aloha borrowed money
at 5 percent while Rayonier borrowed money at 4 percent.
TIMBER SALES-QUINAIELT INDIAN RESERVATION
A review of the annual reports of Rayonier, Inc., discloses extensive
borrowings in recent years. Testifying before this committee, a
representative of the company stated:
Rayonier took into account the required advance payments totaling
over $3 million. To make these payments Rayonier would have to borrow
money and pay interest on it. # # # After signing the contract,
Rayonier did borrow the money and is paying interest on it.
Rayonier's annual report for 510000 shows that $40 million was
borrowed by that company at 3 3/4 percent interest in the form of an
unsecured loan from the Prudential Insurance Company of America. Of
this amount, $29 million was set aside for use in the construction of
the company's new mill at Doctortown, Ga., and in acquiring more
timberlands in the Southeast, and $10,250,000 was used to repay notes
outstanding at 511214.
The company purchased the Crane Creek contract in 520000 and their
financial record for that year shows that their cash balance at the
close of business was higher than it was at the end of 510000, and the
debt total remained at $40 million. The 520000 annual report further
indicates total capital expenditures, including the $1.5 million advance
payment for the Crane Creek unit, at $11,523,456. There was $4,370,000
expended for the southern expansion of the company which came from the
funds borrowed in 510000. Other capital investments came from profit on
operations and money set aside to cover depreciation and depletion.
This is in contrast to the statement made before the committee that,
after signing the contract, Rayonier "did borrow the money" to make the
advance payment.
The contention has been made, both by the Bureau of Indian Affairs
and by Rayonier, that it costs a company money to have borrowed money.
Companies borrow money with the definite plan of putting that money to
work so that the profit derived exceeds the cost of borrowing the money.
Thus, any borrowing by a company is for the purpose of expanding
carning capacity. The borrowing is not made, as is often the case in
personal borrowings, where the desire is to acquire something in order
to enjoy it, rather than to profit from it for business purposes.
Fortune, describing the Rayonier operation, states:
Morgan (president, Rayonier, Inc.) believes in debt and Rayonier's
debt-equity ratio (55/45) is unusually high.
Investors are entitled to a return on their money. It makes no
difference whether they borrow the money to put it to work or secure it
from profits. The purpose of the profit and risk allowance is for the
appraiser to recognize that a purchaser will hope to earn some profit.
The procedure adopted by the Bureau of Indian Affairs is at variance
with the original contract appraisals which allowed for profit and risk
on costs, and it is, in effect, a double allowance for profit computed
in a manner which is improper and inequitable to the Indians, even if it
could be justified from the standpoint of the purchasers.
The value of the Indians' timber is entirely separate from the
question of whether or not a single purchaser may have borrowed money to
buy it. There is no evidence that, in setting the selling price of
lumber, rayon, and papermaking pulps, the companies take into account
the borrowing needs of each of its customers, or that anyone in the
business world reduces the price of his product because his customer
borrows money to buy it.
The Comptroller General reviewed the 550000 appraisal as part of his
audit and raised questions with the Department of the Interior about the
interest allowance. On 570405, the Administrative Assistant Secretary
of the Interior wrote to the General Accounting Office concerning the
interest allowance:
In the final analysis, however, the action taken is based upon
judgement, and the mathematical tests are used merely to confirm our
judgment, or to reveal possible oversights in our studies. The details
of mathematical tests, including interest allowance in the stumpage
appraisals, therefore tend to lose some of their individual importance
as they become merged in the final determination based upon judgment.
This contention is not borne out by the facts. In 550000 the
stumpage rates were arrived at by a straight mathematical formula. In
this formula production costs of $34.50 (including an interest allowance
of $1.90) and a profit and risk allowance of $7.43 were subtracted from
an average log selling price of $56.99 to give a stumpage rate of $15.06
for one species. Applying the formula used by the Bureau without the
$1.90 interest allowance produces a stumpage rate of $16.96, which is
exactly $1.90 more than the amount derived in the first example. Thus,
it is obvious that the 550000 interest allowance did not lose either its
identity or become merged in the final analysis.
In 570000 the Bureau tried a new valuation technique. Three sets of
stumpage figures were computed. The Bureau now maintains that two of
these sets were used to reflect trends in value and not actual values.
The other set of values was obtained by the appraisal formula method
described earlier. Rather extensive calculations were used to arrive at
a new interest allowance which in one contract is $1.25 per thousand
board-feet, and in the other $1.57 per thousand board-feet.
The two pages of computations used by the Bureau to explain
"interest" makes it the most easily identified item in the entire
appraisal. It is not possible to conclude that it has become merged or
lost its identity. The Bureau maintains that it has arrived at its
stumpage rates by a process of merging trend indicators with an
appraisal. If this were true, the interest allowance still would exert
an influence on the omniscient appraiser. The Bureau contends that its
action is based upon judgment, and mathematical tests merely confirm
judgment or reveal oversights. If these tests include erroneous figures
or data improper for inclusion, a barrier is placed in the path of the
appraiser as he seeks to apply his judgment. As is true elsewhere in
the Bureau appraisal, its position is that guesses, estimates and the
use of something called "judgment" are far superior to the use of facts.
This interest allowance is an excellent example of the erroneous
application of both judgment and mathematical tests.
TIMBER SALES--QUINAIELT INDIAN RESERVATION
The interest allowance was directly measurable in the 550000
appraisal, and it is also a potent factor in the 570000 appraisal. No
amount of legerdemain can obscure this fact.
Road cost estimates and engineering data are inadequate
The Bureau of Indian Affairs does not have any factual data for the
substantial road construction costs that will be incurred by the timber
purchasers.
On 000617 the Bureau advised the committee that its;
480000 appraisal indicates that about $1,750,000 would be required to
develop the Taholah unit.(41)
This cost is arrived at by multiplying $2.85 per thousand board-feet
the 480000 allowance for road construction and maintenance by a timber
volume of 614 million board-feet. (42) The contract volume is only 545
million board-feet, and the cost estimate for both construction and
maintenance, based upon the correct volume, would be but $1,553,250.
(43) The Bureau also reported road costs on the Taholah contract have
jumped to $3,240,000. Since the 480000 figures contained the allowance
for road maintenance which may be about one-fourth of the $2.85 cost,
the difference between road costs estimated in 480000 and those now
presented is $2,070,000. The Bureau achieves this new figure without
one shred of engineering data and with complete oblivion to the type of
cost data it has presented to the Secretary of the Interior as a basis
for his action in setting stumpage rates.
Also, in arriving at this new figure, the Bureau used a higher volume
estimate, 726,000 M b. m., than the 545,000 M b. m. specified in the
contract and in its regular appraisal. For example, the 570208,
reappraisal report for the Taholah contract begins:
It provides for the logging of approximately 545,000 M b.m. of timber
(46)
At only one other point is a total volume referred to again in the
21-page report, and this is in the recomputation of an interest
allowance on advance payments. Again the volume is stated at 545.000 M
b. m. However, on 000617 the Bureau alleges to this committee that it
has a figure of 726,000 M b. m. which it is using for road estimate
purposes. (45)
The citations on the Crane Creek sale contain, not only incorrect
mathematics, but also equally false and misleading statements. (46)
The usual procedure used by appraisers to compute the cost per
thousand board-feet for road construction and other items is to secure
the cost in dollars and then divide that by the timber volume. The
Bureau foresters have set forth a new and unsound theory. They estimate
the cost per thousand feet and multiply by a timber volume to find the
cost of the roads.
45 Ibid, p. 539.
46 614 million board-feet is the contract volume for the Crane Creek
unit, not for this Taholah contract.
TIMBER SALES-QUINAIELT INDIAN RESERVATION
For the Taholah contract the following Bureau guess is the basis for
the road cost:
Table not keyed, see original
Spur roads were not considered in the calculation of development
costs but were included with yarding and loading. The following are
estimates of development costs which have been made.
32 miles primary roads, at $24.000 $768,000
168 miles secondary roads, at $14,000 2,352,000
2 bridges, at $60,000 120,000
3,240,000
726 million feet for $3,240,000 equals $4.46 per thousand feet board
measure.
In this contract secondary roads are estimated to cost $14,000, or
$1,000 a mile more than in the Crane Creek contract, while primary roads
are estimated in both cases at $24,000 a mile. There is an unexplained
difference totaling $168,000 for the secondary road costs on the Taholah
contract. It is significant to note, however, that the increase in road
cost helps to bring the estimated cost close to that derived by
multiplying 726 million feet by $4.50. In the Crane Creek contract the
use of a similar secondary road cost figure would have shown a road cost
of $4.06 per thousand board-feet against an "allowance" of only $3.75
per thousand board-feet.
Fictional estimates of mileage and road costs are compounded with
guesses of timber volume and presented in several different ways in a
manner designed only to confuse, rather than to enlighten. The cost of
road construction in these contracts cannot be ascertained by the
juggling of figures to suit the convenience of the appraisers.
One thing is certain. There is every likelihood that these contracts
will cut out even more timber than the revised estimates, set forth by
the Bureau and a substantially greater amount will be allowed the
purchaser for road construction than the Bureau estimates. The need for
sound road cost data and well-founded timber estimates is apparent.
Allowances for profit and risk have increased.
Testifying before the committee, a Bureau representative stated.
There should be no major manipulation of the profit-and-risk factor
because of other considerations involved in these contracts which are
not of great concern with short-term contracts. The average annual
return for the several individual species as well as the average annual
return for all species has been relatively uniform year after year.
Presenting the theory of appraisal to the committee when this item
was questioned, the Department of the Interior wrote.
TIMBER SALES QUINAIELT INDIAN RESERVATION
Interest on invested capital is considered a legitimate charge
against the cost of producing salable products from standing timber. It
is not always specifically identified as such in stumpage valuations. A
common method of appraising stumpage is to subtract from the value of
the product the cost of producing that product, exclusive of stumpage.
Interest on invested capital is not included as an item of cost is
termed "operating margin." It is the amount available for division
between the stumpage owner, as stumpage payment to him, and the
purchaser as profit-and-risk allowance. This allowance is actually
composed of two main parts. The first part represents normal interest
on capital invested in the enterprise. The second portion includes an
allowance for known and unknown It is under this category that the
interest on advance payments should be considered rather than in costs.
It consequently follows that there will be no profit-and-risk allowances
on the interest charge.
Thus, the Department's position is that profit and risk allowances
should not be manipulated and that the normal procedure for the
treatment of the item known as interest on advance payments is as a part
of the profit and risk allowance.
The Bureau foresters have done neither. The interest allowance has
been treated as a cost, rather than a part of the profit and risk
allowance, and the profit and risk allowance itself has also been
juggled. The following review is made in order to compare the present
profit and risk structure with that originally used in the contracts.
The original appraisals made a flat allowance for profit and risk
which was 15 percent of logging costs, exclusive of the cost of
stumpage.
In 550000 the profit and risk allowance base was expanded to include
stumpage in the computation, and this practice continued in 570000. In
addition, interest on advance payments, which heretofore had been a part
of the profit and risk allowance, was credited as a separate cost item.
To preserve comparability with the original appraisal, and with the
facts, interest on advance payments must be considered as a part of the
profit and risk allowance.
Profit and risk allowances on Crane Creek contract - all species
average
Table not keyed, see original
1 Profit allowance computed at 15 percent of production costs which
excludes stumpage and interest on advance payments. Cost 480000,
$28.70; 550000, $32.75; 570000, $33.75.
2 Profit allowance computed on all costs including stumpage. Based
on 15 percent for cedar and 12 percent for other species. Excludes
$0.24 per thousand board feet improperly allowed as profit on interest.
3 Includes $0.24 per thousand board feet improperly allowed as profit
on interest.
4 Profit allowance excludes interest in computing costs but includes
stumpage. Based on 12 percent for cedar and 10 percent for other
species.
5 Profit on interest was excluded by the Bureau of Indian Affairs in
570000.
The Bureau's contention that the profit allowances have not been
manipulated is patently false.
The 550000 profit allowance was 67 percent above the comparable base
allowance, while in 570000 the profit allowance rose 44 percent above
the comparable base figure.
With or without the interest allowance the manipulation has been of a
serious and extreme nature. Even if the interest component were
TIMBER SALES QUINAIELT INDIAN RESERVATION missing a substantial
increase in the profit allowance has occurred. These actions are traced
chronologically.
When the interest computation first appeared in the appraisal of
550815, it was not presented as a part of the profit allowance. The
Bureau stated:
An additional item of cost # # # is the sizable investment made in
advance payments # # #. Interest is included as a direct cost # # # but
it considered separately from other costs on which profit and risk are
calculated. This interest payment is not considered eligible for
participation in profit.
The report also stated that:
Market conditions and risk appear to be of such a nature that an
allowance of 12 percent for profit and risk is considered adequate.
On 550816, the Portland office advised the Commissioner that:
# # # an allowance for interest charge on advance payments is a
rather unusual situation in that it has not been considered previously
as a direct cost.
When the record was transmitted to the Secretary of the Interior, the
Commissioner on 550826, stated:
the increase in stumpage rates has not kept pace with the increase in
operating margin. The proposed adjustment of ratios tends to restore
conditions, with respect to the division of the operating margin, to
approximately the conditions that existed when the contract was entered
into, except that a slightly greater portion of operating margin will
not be given to stumpage because of the increased demand for stumpage in
the Grays Harbor area.
The facts are exactly the opposite. Profit was increased well above
a comparable base figure from the original appraisal.
On 550923, the Portland office further increased the profit
allowance. The cedar percentage factor was increased from 12 to 15
percent; the allowance for interest was increased 30 percent due to an
"error" in the computation and it was decided that:
It appears desirable to include the interest charge for the advance
payments with production costs thereby including it as a profit and risk
factor.
This was a reversal of the 000815 position. This clearly establishes
that interest was treated as a cost eligible to participate in the
computation of the profit allowance rather than to make a correction for
an insufficient allowance for it under "profit". The net result was a
67-percent increase in profit over a comparable figure based on the
original formula.
The record is devoid of information that suggests that it was
necessary to increase the gross profit and risk allowance over the
percentages originally set in order to maintain stumpage rates at true
market value. The Commissioner's presentation to the Secretary was
misleading and inaccurate. The manipulation of profit depressed average
stumpage rates on the Crane Creek contract by $3.28 per thousand
board-feet, from comparable base figures, during the period 551000
through 570300.
The expansion of "costs" to include stumpage and the revision of
percentage allowances together were almost sufficient by themselves to
cover interest on advance payments. Thus, the addition of interest
constituted a double allowance.
In 570000, further revisions were made in the profit computation, but
the allowance is still 44 percent above the comparable base figure. The
excessive allowances will reduce the price of the Indians' timber by
$2.24 per thousand board-feet on timber cut since 570401.
TIMBER SALES -- QUINAIELT INDIAN RESERVATION
Despite the clear language in the 550000 reports, the Bureau now
maintains:
It is clear, therefore that an insufficient allowance for interest on
capital investment appeared in the initial stumpage appraisals. When
the purchasers called attention to this situation in 550000, corrective
steps were taken. The correction could have been accomplished by
increasing the percentage allowance for profit-risk. If this had been
done, all of the allowance for interest on invested capital would have
continued to appear in the profit-risk allowance. The Bureau
recognized, however, that the advance payments represent an unusual type
of capital investment, that will decrease from year to year as the
advance payments are progressively liquidated through the cutting of
timber. In the circumstances, it was considered advisable to hold the
interest on advance payments as a separate identifiable item. For this
reason, interest on advance payments was treated as an item of cost,
rather than submerging it in the overall interest allowance for
"profit-risk", (52)
This contention is at variance with the original position that the
interest allowance is a cost. The Department now admits it should be
considered as a part of the profit allowance. The Department has
totally departed from original procedures in computing the profit
allowance. These changes must be considered against the effect on the
stumpage controlling "ratios." An increase in the profit allowance
decreases the stumpage rate. The contract calls for the maintenance of
a relationship between certain specified log prices and stumpage rates
in order to produce market value. The purpose of the appraisal is to
restore and preserve this relationship. Under the appraised formula as
legitimate costs go up the dollar allowance for profit will go up
without a change in either the profit "percentage" or the inclusion of
new "costs".
The Bureau now shifts to the view that because it used the overturn
method of appraisal instead of the investment method, no allowance was
made for interest on invested capital. (52a)
In 440000 the Bureau foresters decided:
For all ordinary appraisal purposes the overturn method gives
entirely satisfactory results and is recommended (over the investment
method) as being generally more usable particularly in well-developed
wood industrial areas. There may, however, be situations where the
investment method may be indicated, especially in newly opened regions
where the mill development is being based largely, if not exclusively,
on Indian timber. In general, unless the risk is exceptionally high as
might occur during particularly unstable market or operating conditions,
an allowance of 15 percent for profit and risk by the overturn method
will be sufficient. This should provide reasonable compensation to the
prudent operator for the capitol invested, effort expended, and the risk
involved. (52b)
In 530000, the Bureau continued this position, discussing new sales,
stating:
# # # the customary ratio charge on sales in our area is 15 percent
for profit and risk, and since this has been used consistently and with
satisfactory results for many years, is now regarded as standard. It is
not necessary so but we would like to warn you that a departure
therefrom will require a very thorough justification, and particularly
if it is larger. (52e)
This restatement of sale policy occurred 3 years after the Taholah
contract had been made, and a year after the Crane Creek contract had
been signed.
This position was directed toward new sales rather than reappraisal.
In a reappraisal it would, therefore be necessary to show that an
allowance of 15 percent for profit and risk based on costs
(52)Appendix, p. 70
(52a)Bid, p. 70
(52b)Hearings, Quinaielt Timber Sales, p. 405.
(52c)Hearings, Quinaielt Timber Sales, p. 415.
TIMBER SALES -- QUINAIELT INDIAN RESERVATION exclusive of stumpage
was inadequate due to a change that had occurred since the contract was
signed. The Bureau has not established this to be a fact.
The Department also contends that if it cannot make a correction in
the profit and risk allowance to recognize "interest" it cannot correct
for errors in other items such as road costs, timber quality and volume.
There is a difference between revisions in cost estimates on items
already in the appraisal and the inclusion of a new item. It was
intended that original costs be revised to reflect actual changes in
conditions. The necessity for advance payments and the approximate size
of the payment were well known to all parties. A separate allowance was
not contemplated and the overall allowance for profit and risk cannot be
subsequently manipulated. The only permissible variation is to adjust
for a difference between the estimated size of the advance payments and
the actual payment made. The general increase in the profit allowance
which stems for the expanded base for computation and "interest" must be
considered against the effect on the true market value.
The Department has done more than make a correction. It has inserted
new items which destroy the relation that originally existed rather than
correcting to insure that the log-stumpage ratio produces true market
value.
# # # Under the terms of section 10 of the contracts, the Department
is prohibited from raising or lowering profit allowance percentages
unless it can be demonstrate that there have been changes that "have
altered the situation to such an extent" as to warrant a change in
existing ratios between the stumpage rates and log values in existence
when the contract was signed.
It has not demonstrated that the original allowance for profit and
risk of 15 percent of costs exclusive of stumpage did not maintain this
relationship, nor has it shown that interest on advance payments was
either a factor that was overlooked or one proper for inclusion.
Stumpage rates
The stumpage rate set by the Bureau in its long-term timber contracts
is a very important, but intermediate, step in the pricing. The
stumpage rate is one part of the formula used to derive a ratio which
subsequently controls stumpage rate fluctuations.
If in a 614 million board-feet contract the Bureau utilizes a cost
estimate of $1.80 per thousand board-feet, $1,105,200 will be allowed
for road costs. If it knows that the actual cost will be $3,280,000,
the allowance will be $2,174,800 less than the cost of the road to the
timber purchased over the life of the contract. However, if the
contract cuts 1 billion board-feet, the shortage will be but $1,480,000.
On the other hand, if the allowance per thousand board-feet is $3.75
per thousand board-feet, and the contract cuts 1 billion board-feet, the
allowance will be $3,750,000 or $470,000 in excess of costs.
It can readily be seen that, from the standpoint of both the timber
purchaser and the Indians, special care is needed to assure a sound
factual basis for all elements considered by the appraiser.
A short-term timber contract poses similar problems also, but,
because of the greater amount of competition found in these short-term
sales, the bidders, are in a position to help correct under valuation
mistakes through the bidding process, and they will refrain from bidding
if the timber is overpriced. Large, long-term timber contracts
TIMBER SALES-QUINAIELT INDIAN RESERVATION usually attact only one
bidder. For the last 4 large sales on the Quinaielt Reservation, 1 was
never sold, 2 were negotiated, and 1 was bid in, rejected and
readvertised, and then received only 1 bid.
These long-term contracts provide, after a specified period, for
renegotiation of the timber prices not more often than annually. The
appraiser has an opportunity to vary the current price, either above or
below the bid rate, and to do so he must gather sufficient factual data
subsequently to be able properly to define the timber's true market
value.
The Bureau foresters lack a factual study of either the quality or
quantity of timber designated for cutting in the immediate future. They
do not possess data which portray the cost of roads or felling, bucking,
yarding, and loading the timber. They lack definitive data on the
overhead costs involved in timber removal, and have manipulated the
profit and risk allowance in the timber appraisal. They have included
as a cost an allowance for interest on advance payments to the Indians,
thereby making a double allowance for this item. All of the
corroborative information that is available on timber volume, quality,
and logging costs points unerringly to the fact that the true market
value of the timber has been understated.
The Bureau now advances a new appraisal concept which would
substitute a final determination of stumpage rates based on judgment for
one based upon facts. Judgment is not a substitute for facts. The
appraisers maintain that they can apply judgment, not only to the weight
and credence they will give to each "fact," but also to the overall
results.
In 1955 the Bureau foresters cast their "facts" into their standard
appraisal procedure and arrived at a stumpage price. In one contract
the first evaluation showed that the existing rates were satisfactory
because they were-
stumpage on current sales in the area.
The second review suggested somewhat higher rates. New log value and
logging cost data were set forth to establish this. A third review
pushed proposed rates still higher and again judgment was applied to the
various appraisal elements that go into the Bureau's formula. The
fourth and final review reduced the proposed rates by correcting some
mathematical errors and applying more judgment to the selection of the
profit and risk allowance.(53)
However, the 550000 appraisal can be traced with relative simplicity
because the use of judgment was restricted to the components of the
appraisal formula and each item can be isolated.
In the 670000 reappraisal the Bureau computed two new sets of
stumpage value indicators. Thus the appraiser now applies judgment in
deciding whether No. 1 cedar logs will be values at $100, $96.71, or
$90, whether the allowance for felling and bucking will be $5.57 or
$5.25 per thousand board-feet, and whether equipment repair costs are to
be $1.56 or $3.75 per thousand board-feet. In addition, when his
appraisal gives him a cedar stumpage value of $21.25, he applies
judgment again to decide whether it should be $22 or $18.
The Indian's foresters examined cedar prices on 570227, when the
current contract price was $13.68 per thousand board-feet for the Crane
Creek contract. The "market trend indicator" appraisal showed cedar
worth $18.49 per thousand board-feet, and the "trend plus quality
change" indicator showed value at $22.71. Their direct appraisal showed
cedar could be worth $21.25, and thus they said that "in their judgment"
the rate should be $22. By a similar process both hemlock and white fir
came out at $9 per thousand board-feet.
On the Taholah contract, judgment revealed that cedar was worth $20
and white fir was worth $11 and hemlock was worth $9.
By 000329 1 month later, after conferences had been held with the
protesting purchasers, the Bureau foresters apparently found their
mathematical test, and their judgment, had been in error. On the Crane
Creek contract, when actual contract rates for cedar had dropped from
$13.68 to $12.79, recommended cedar rates tumbled from $22 to $18, while
the recommendation for hemlock and white fir went up from $9 to $11.
(54) On the Taholah contract the cedar dropped from $20 to $16.50, while
fir stayed at $11, and hemlock came up from $9 to $11.(55) The only
citations in support of the changes were new log values.(56)
There is nothing in the Bureau record to confirm why, when white fir
log prices go up, the stumpage rate on only one contract should rise,
while a similar increase in hemlock log values causes hemlock stumpage
to go up for each contract and the reported drop in cedar values calls
for the stumpage rate on each contract to drop.
The Secretary of the Interior has the responsibility for making rate
changes on these contracts. When the appraisers substitute judgments
for facts, thereby creating a fiction, they are misleading the
Secretary.
The Secretary must, of necessity, rely upon the advice he receives
from subordinates. He cannot be expected to have the technical
knowledge which would equip him to go over every phase of a proposed
rate change to ascertain its accuracy, or to have sufficient technical
knowledge to know exactly what facts must be available to give a sound
foundation to the appraisal.
Table not keyed, see original
TIMBER SALES-QUINAIELT INDIAN RESERVATION
This does not absolve him of his responsibilities. The general
absence of documented facts is evidence that drastic changes and
improvements are needed in order to protect the Indians' interest.
Every application of judgment by the Bureau of Indian Affairs foresters
has acted to reduce the stumpage rates and thus the income of the
Indians. Cited as examples are the low timber contract volume
estimates, the use of log quality data lower than the quality being cut,
the absence of documented facts on the quality and quantity of timber to
be cut in the near future, the use of log values often lower than
conservative Forest Service minimums, the introduction of undocumented
overhead costs substantially higher than those found for comparable
phases of Forest Service operation, the computation of "additional costs
peculiar to Indian timber" on the contract timber volume, rather than a
volume figure closer to the actual volume, the inclusion of improper and
padded items for these elements, and the absence of explanation for the
increase in the computed profit and risk allowance above that originally
used. Each of these actions has had the effect of reducing the Indians'
income. The need for a properly computed, fully documented stumpage
rate is reinforced when it is recalled that, in the past few years, the
volume of timber cut on this reservation has exceeded 100 million
board-feet.
To properly and fairly administer these contracts over their life,
the Government must fairly establish the price for each year, and to do
so it must have a sound factual base.
The ratio concept
Finding the appraised value of the timber is only a part of the
pricing action in the Indian Bureau's long-term contracts. The Bureau
utilizes the stumpage rate secured by this appraisal to derive a
percentage or ratio figure which controls the stumpage rate fluctuations
until another reappraisal is made. The percentage is secured by
dividing the stumpage rate by a log value. Timber contract prices are
subsequently controlled by setting stumpage prices for each quarter of
the year as a fixed percentage of computed quarterly log value; thus,
as log values vary, the stumpage rate varies.
As in the other parts of the Bureau's timber pricing methods, there
is not a fixed procedure for applying the ratio. Only the percentages
for the log grades used to compute the log value part of the index for
each species is specified for each contract, but it differs between
contracts. The species grade percentages and the average value by log
grades for the Taholah contract are derived from 2 log markets, while
for the Crane Creek contract 3 log markets are used. The grade
percentages for the two contracts are derived from different time
periods.(57)
These differences in the derivation of the log values for ratio
purposes give a different average log price for the same species between
contracts. Thus, the log index value used in the contracts varies
substantially and without conformance to what may be indicated
elsewhere.
TIMBER SALES-QUINAIELT INDIAN RESERVATION
Table not keyed, see original
The Crane Creek cedar index was $1.29 below the Taholah index in the
fourth quarter of 650000, and was $2.03 below Taholah in the first
quater of 570000. The Crane Creek while fir index was $1.33 below
Taholah for the fourth quarter of 560000, while in the first quarter of
570000 it was only $0.68 lower. For hemlock, the Crane Creek index was
$0.07 above Taholah in the fourth quarter of 570000, but in the first
quarter of 570000 the Crane Creek index was $2.95 below Taholah. At no
one time may the index for a species be identical between contracts.
While these differences may seem illogical, particularly when the
role of the index and ratio is kept in mind, they are controlled by the
contract language and subject to change only by mutual agreement to
revise the contract.
The Bureau foresters believe they have a degree of latitude in
selecting the index period which will be used in setting a ratio. In
one 1955 appraisal the ratio was derived from the first quarter of
550000. The appraisal was reworked on 550506, and the log index was
based on the entire calendar year 540000. The third and final
computation of this item was made 550816, and it utilized the second
quarter of 550000 to establish the log index. In the 570000 reappraisal
the fourth quarter of 560000 was used to derive the index. The
manipulation of the index period selected to derive the ratio
substantially influences the actual rates subsequently paid.
The contracts are silent on the period that must be utilized to
derive the log value secured for reappraisal and index purposes. They
prescribe only the percentages of log grades for index purposes. This
gives the appraiser wide degree of latitude.
In the 550000 reappraisal the log-value data source used for the
reappraisal and the index was the Pacific Northwest Loggers Association.
In the 570000 reappraisal the Bureau forests set stumpage rates from a
new source of log-value data-the totally unaudited reports published by
a trade journal known as the Timberman. The index log values were
computed from the prescribed Pacific Northwest Loggers Association
record. The result is that the index now is computed from one set of
data and the stumpage rate from another, and each computation covers a
different time period. The resultant ratio is drawn from two different
bases and legitimate question arises as to whether the true market value
called for by the contract is obtained. By the device of selecting the
time period for which the log-value index will be computed, by using
different periods for deriving log values for the index and the stumpage
rate, and by getting the index log-value data from one source and the
stumpage-rate log value from another, the appraiser can manipulate the
ratio to achieve almost any result he desires.
The following table illustrates the significant changes in the
proposed ratios and the result that would have been obtained had the
TIMBER SALES-QUINAIELT INDIAN RESERVATION first quarter 570000 log
values been used to compute the ratio instead of fourth quarter 560000
log values:
Table not keyed, see original
To examine the effect, consider what happened to cedar rates on the
Taholah contract. The fourth quarter, 560000, contract prescribed index
log value was $58.28. The stumpage rate, based on another set of log
values, suggested in the 570208, reappraisal was $20, and the ratio or
stumpage was stated as 34.25 percent of the index log value. On 570329,
570100 log values, quoted from the Timberman-a source other than that
used to derive the index-were set forth which showed that the value of
cedar had dropped by $3.61 per thousand board-feet when compared to the
log value used to derive the $20 stumpage rate. The Bureau foresters
then recommended that the cedar stumpage be reduced by $3.50 to $16.50
per thousand board-feet. Prior to the time it was necessary to act on
the stumpage-rate revision, information was available which showed that,
for the first quarter of 570000, the official index log value was
$55.31, or $2.97 less than the $58.28 value found for the fourth quarter
of 560000. This value, which would have produced a ratio of 29.8
percent, was not used to derive the ratio. Instead. the fourth quarter
560000 figure was used, and the ratio dropped from 34.25 to 28.25
percent.
The failure on the part of the Bureau to recognize that the use of a
different period and data to compute the index than that used to derive
the stumpage caused the proposed ratio to be reduced to an extent that
will reflect approximately a $0.75 per thousand board-feet reduction in
the cedar rate. The reported drop in the cedar market caused both
stumpage rates and ratios to drop in the Taholah and Crane Creek
contracts.
In the case of white fir the log index dropped in both contracts. In
the Taholah contract the drop was $0.79 while it was $1.04 for Crane
Creek. However, the Bureau foresters recommened an increase of $2 per
thousand board-feet for the Crane Creek stumpage rate, and the ratio
advanced from 18.75 to 23 percent, while no change was suggested for the
Taholah white fir.
The index gave conflicting data for hemlock-on the Taholah contract
log values went up $1.56 per thousand board-feet, while for the Crane
Creek contract it showed a drop of $1.46 per thousand board-feet. The
Bureau foresters interpreted this as a cause to increase hemlock
stumpage rates for both contracts from $9 to $11. The ratio
subsequently climbed from a proposed 19.50 to 23.75 percent on both the
Crane Creek and Taholah contracts.
TIMBER SALES-QUINAIELT INDIAN RESERVATION
It is quite impossible to get a clear picture of the way in which
cool, unbiased judgment prevailed over facts when the unfolding scene is
viewed. At the time the decisions were made skidding cedar log prices
were confirmed, dropping white fir log prices were overruled to raise
prices and ratios on one contract, and conflicting, substantially
canceling reports on the hemlock log market gave the signal for
increases in the price ratios on hemlock for both contracts.
In the application of these ratios, the Bureau has deftly woven
together sketchy, unconfirmed data from periodical covering the month of
570100 and used it in the revision of stumpage prices. It has gone on
to apply these data to computed log values from a prior period to obtain
new ratios for setting subsequent stumpage prices.
The original stumpage rate proposal which was to take effect 570401,
was sent to the timber purchasers on 000227. It was modified by the
Bureau of Indian Affairs on 000329, and these modified rates were
subsequently established. Supposedly, the Secretary of the Interior, by
appeal from the purchasers, kept open the question of the new ratios to
be established, first until 000415, then until 000515, and finally to
000615.
By letter dated 570509, the Secretary of the Interior was advised by
the Commissioner of Indian Affairs that he had obtained log prices for
the first quarter of 570000 by the manner prescribed in the contract.
He did not say that these data confirmed that cedar-log prices were
dropping, although the proposed cedar-stumpage increase had been
diminished. According to the Bureau index, white-fir-log values were
declining, but the Secretary was not advised and he was told that the
white-fir rate on the Crane Creek contract should be increased. The
Secretary was not told that the Bureau index reported that hemlock-log
values were dropping in the 3-log market, but increasing on a
2-log-market basis. The plan to raise the hemlock stumpage for both
contracts was continued.
The Secretary was told that the rates which had been recommended- ###
were derived as a result of consulation with the purchaser, the
recommendations of the Portland area director, and the Branch of
Forestry. (53)
The facts cited do not support the action recommended to the
Secretary by the Bureau foresters.
If the log value period to be used can be manipulated by the
appraiser, the finding of a proper stumpage rate is of limited value.
Despite all the fine computations and facts that may go into deriving
the stumpage rate part of the ratio equation, it is the resultant ratio
that subsequently controls rates.
It has been demonstrated that the stumpage rate does not rest upon a
factual foundatation and the period selected to derive the log value for
computation of the index can be manipulated.
Thus, it is obvious that the ratio changes portray a startlingly
different picture from that which the ratio base provides. In order to
measure the propriety of the ratio at any given time, it is necessary to
examine the stumpage rate it produces in comparison with the stumpage
rate arrived at by an appraisal. The unacceptability of the basic data
upon which the appraisal rests makes it impossible to use it as the
certain. The Bureau foresters are saying that they find that, as of
570401, for example, cedar stumpage on the Taholah
TIMBER SALES-QUINAIELT INDIAN RESERVATION contract should be 28.25
percent of prescribed log values, and that it shall remain this
percentage of quarterly log values until a new appraisal demonstrates
that this relationship no longer exists.
This does not state that the cedar stumpage rates now do, or
subsequently will, equal true market value. It merely indicates the
stumpage is found to be a certain percentage of a log value which alone
is obtained in a manner prescribed by the contract. In addition, for at
least 1 year thereafter this relationship will be maintained by applying
the percentage to quarterly log values.
In the face of reportedly declining log values, the Bureau of Indian
Affairs is, in effect, taking a larger percentage of the log value as a
stumpage payment. The percentage relationship between stumpage and log
value rests upon the assumption that both the base log value and the
base stumpage are properly defined. The undervaluation of the stumpage,
the diminishing base upon which the log value data rest, and the
conflicting trends in log value indices that result from the application
of the data indicate that the ratio is not a meaningful expression of
true market value.
Under the stumpage formula now in use, the Bureau's profit are
unaffected by the stumpage rate. Profit is presently computed on the
basis of costs plus stumpage. In the appraisal, as costs rise, stumpage
falls by the same amount, and costs plug stumpage total the same amount
while profit remains stationary. It is illogical to expect that
stumpage can be defined as a consistent percentage of log value. In a
sale where road construction costs are high or there is a long,
expensive transportation haul, the stumpage rate will drop, and it will
become a lesser proportion of the log value at that time. If production
costs rise without a commensurate rise in log value, the stumpage rate
will fall. As log values climb and fall, stumpage and profit allowances
experience a parallel rise and fall under the appraisal procedure used.
The Bureau of Indian Affairs utilizes the direct appraisal procedure
and lays over it a concept of a stumpage log value ratio. The idea that
the ratio formula in the contract must remain constant is in conflict
with the necessary adjustments that must be made to reflect the
constantly changing cost-price relationship in the market. In these
particular contracts, where the stumpage valuation rests on such limited
information, it is not practical to consider the ratio as immobile. The
570000 reappraisal by the Bureau indicates some awareness of the
situation. All informed observers were well aware by the late fall of
560000 that the lumber market was down from the level experienced in the
fall of 550000. Nevertheless, the Bureau undertook to reexamine
stumpage rates and to propose increases in the ratios.
The weakness of the Bureau's position is that it did not muster the
facts upon which to make an objective analysis. Makeshift data were
assembled in an effort to move the price for each species nearer to
proper values.
Despite this effort, timber cutting continues in far better;than;
average stands, and the true market value of the timber being cut is far
in excess of the price being charged. The ratios in effect are hardly
representative of the value of the timber now being cut from the
allotments of the Indians.
2. THE INDIANS ARE CHARGED MORE FOR SERVICES THAN THE COST
Each Indian timber sale contract states:
The expenses of examining, advertising, marking, scaling, and
protecting the timber and of general supervision of the sale will be
paid out of a timber expense fund, for which prupose not over 10 percent
of the gross proceeds of the sale will be set aside.(59)
On the Quinaielt Reservation the terms of this contract clause have
been violated by the Bureau of Indian Affairs. Funds in excess of 10
percent of the gross proceeds of the sale have been taken through a
combination of deductions from receipts and allowances to the timber
purchasers to perform these services.
The Congress has authorized the Secretary of the Interior: # # # in
his discretion, and under such rules and regulations as he may
prescribe, to collect reasonable fees to cover the cost of any and all
work performed for Indian tribes or for individual Indians, to be paid
vendees, lessees, or assignees, or deducted from the proceeds of sales,
leases, or other sources of revenue: # # # (200214, ch 75, Section 1,
41 Stat. 415; 330301, ch. 158, 47 Stat. 1417.) (Italic supplied.)
Pursuant to the law, the Secretary of the Interior has set forth
regulations:
In all sales of timber from either allotted or unallotted land a
sufficient deduction will be made from the gross proceeds to cover the
cost of examining, supervising, advertising, collection, disbursing,
accounting, marketing, scaling, caring for the slash, and protecting
from fire the timber and young growth left standing on the land being
logged or upon adjacent land. Unless special instructions have been
given by the Commissioner of Indian Affairs as to the amount of the
deduction or the manner in which it is to be made, 10 percent of the
gross amount received for the timber sold under regular supervision from
allotted or from unallotted land will be deducted by the superintendent
to cover administrative expenses as required by the act of 200214 (41
Stat. 415; 25 U. S. C. 413), as amended. # # # (Italics supplied.)
In 560500 the Bureau of Indian Affairs set forth the policy on
collecting funds as follows:
1. If forest administration funds were expended at any agency in
years prior to the beginning of a timber sale program, no attempt will
be made to recoup such expenditures through deductions from timber sale
receipts in later years.
2. The expenses for which reimbursement is to be made are
expenditures at the agency level from funds appropriated for Branch of
Forestry activities, except funds appropriated specifically for fire
suppression or pest control. Funds appropriated specifically for fire
suppression and pest control are in the nature of disater expenditures,
similar to Federal appropriations for protection of State and private
lands, and reimbursement therefor through timber sale deductions should
not be required. (Italic supplied.)
3. At agencies where timber species have low stumpage values, or
where the volume of timber sales will remain at a relatively low level,
no attempt should be made to balance expenditures and deductions. A
deduction of 10 percent of gross income is currently the maximum that
should be enacted.
TIMBER SALES--QUINAIELT INDIAN RESERVATION
4. Expenditures at the central and area offices from funds
appropriated for Branch of Forestry activities are not to be offset by
deductions from timber sale receipts, nor are expenditures from other
funds at agency, area office, or central office levels to be offset by
such deductions. It is not reasonable to make such offsets because
these activities are in the nature of general overhead expenditures by
the Federal Government as trustee of the Indian estate. It would also
be practically impossible to determine what portions of such
expenditures are properly chargeable to forest administration at a
particular agency. (62)
Under these regulations the Bureau of Indian Affairs collects 10
percent of the income from timber sales on reservations comprising the
Western Washington Agency to offset the cost of administration.
The Bureau has also required timber purchasers to perform services
such as allotment line running, log branding, and scaling on behalf of
the Indians, and has made reductions in the price of the Indians' timber
which purport to cover these expenses.
Separate accounts have not been kept for the Quinaielt Reservation.
The Bureau has been unable to furnish the committee with a financial
record for the Quinaielt Reservation or to provide figures on a
comparable basis. For example, the data provided with respect to timber
cut are on a calender year basis, while the funds expended are reported
on a fiscal year basis. The following represents an effort to
reconstruct a reasonable picture from the data available.
According to the Bureau, for fiscal years 500000-560000 $660,417 has
been expended for the Western Washington Agency forestry program, while
only $527,520 has been earned through collections.(63) In addition,
allowances totaling approximately $150,000 have been made to the timber
purchasers on two Quinaielt contracts for line running, log scaling and
branding services which normally are conducted by the Bureau of Indian
Affairs with proceeds from the 10 percent fund. It is the Bureau's
contention, despite the absence of documentary evidence, that until
recently the expenditures on the Quinaielt Reservation have also
exceeded the funds earned.
The following tables show the volume and value of timber cut by
calendar years for the Western Washington Agency and the subsidiary
Quinaielt Reservation:
Table not keyed, see original
The proportion of the volume of the timber cut from the Quinaielt
Reservation in relation to the Western Washington Agency has risen by
approximately 16 percent in the last 7 years, while the proportion of
the value of the timber cut on the reservation has risen only about 8
percent in that period.
TIMBER SALES-QUINAIELT INDIAN RESERVATION
The charge against the Indians' timber is made on a value basis, but
the workload is more closely related to the volume of timber.
The following table shows the dollar cost for the various forest
management activities performed by the Bureau on the Western Washington
Agency for the last 4 fiscal years:(64)
Table not keyed, see original
Collections from the Quinaielts to defray the cost of timber service
approximate $480,000 for 530000-560000, or some $80,000 in excess of
cost.
In the last 4 years approximately 85 percent of the volume or value
of the timber cut has been cut on the Quinaielt Reservation. However,
the seven major forestry activities listed are not all performed on the
Quinaielt Reservation, and in particular on the timber sale contract
areas, with the same intensity as on the rest of the agency
reservations. Timber cruises, plans, and sales preparation are two
activities which are not fully applicable. Commencing about midway
through fiscal year 560000, on the Crane Creek contract, and at the
start of fiscal year 570000, on the Taholah contract, the Bureau of
Indian Affairs relinquished scaling activities to the respective timber
purchasers. The annual cost reported for scaling is quite constant,
with the slight increase in costs in 550000 attributable to the
tremendous jump in volume cut for that year. Despite the transfer of
Bureau scaling activities for approximately 25 percent of the volume cut
in fiscal years 550000-560000, there is not a proportionate decrease in
Bureau scaling costs.
While the Quinaielt Reservation timber was earning approximately
$400,000 in revenue for the Government to offset the cost of services,
approximately $275,000 may have been expended by the Bureau for the
administration of the revenue-producing timber contracts. The
Government may thereby have received $125,000 more than the reasonable
cost of the services rendered.
The General Accounting Office reports that the Bureau excludes
forest-management costs, such as timber access road maintenance,
fire-suppression costs, area office and central office direct forestfy
costs, and agency, area and central office indirect costs, from
consideration in balancing administrative expense with receipts for
services.
As a part of the process of equipping the Indians to manage their own
affairs, they are entitled to a full account of the cost of performing
the various functions connected with the management of their property.
Insofar as it is practicable, these costs could be assessed against
income. The Commissioner of Indian Affairs could make a charge for
services sufficient to defray the cost of the activity. Where he finds
that the imposition of a charge would result in the appropriation of
other moneys to provide for the needs of the Indians, he
TIMBER SALES QUINAIELT INDIAN RESERVATION could consider which
alternative will be most helpful in promoting Indian self-reliance.
For example, the State of Washington has certain fire-liability and
fire protection requirements for private forest landowners. The Indians
should be acquainted with the status of a private forest land owner in
order that they may be aware of the benefits and responsibilities that
would occur if the trust status of these lands were ended.
There are certain expenditures, such as those incurred in responding
to congressional study of Indian problems, to defending the Indians'
interest in a court action which stems from acts by the trustee, and for
overhead management connected with the trustee function of the
Government, which should not be assessed against the Indians.
Advance payments earn money for the Government
The procedure of requiring special advance payments to the Indians by
the timber purchasers is unique to timber sales on allotted lands. The
Bureau contends that on the Quinaielt Reservation the cost of timber
management exceeds collections from the Indians. In its computation the
Bureau neglects to point out that it has collected substantial sums
which are, in effect, earning interest for the Government.
Since the Taholah and Crane Creek contracts were signed the companies
have paid to the Bureau approximately $5 million in advance payments.
Ninety percent of these funds are disbursed to the allottees, and the
balance, 10 percent, is transferred to the Treasury as a miscellaneous
receipt. Thus, about $500,000 of the Indians' money is held in a
Federal account. If it were placed in an interest bearing account for
the Indians with provision for proper amounts to be transfered annually
to the Bureau to offset administrative costs as incurred, this account
would draw approximately $15,000 a year in interest. The average annual
rate of diminution of these advance payments under the present cutting
programs will eliminate this account in about 20 years, or at an annual
rate of about $25,000 a year. If the balance in this account bore
interest for the Indian at 3 percent, at the end of 20 years they would
have not only made annual payments of $25,000 to the Bureau to defray
timber sale costs, but also would still have in the account
approximately $225,000.
In addition, it would be possible to regulate the amount of the
advance payment account used to defray costs by first taking into
account the earned income based upon timber cutting. Under the present
procedure the company pays annually only for the timber it cuts on each
allotment which is in excess of the value of the advance payment. Where
cutting is concentrated on a relatively few allotments or when
allotments overcut substantially, the company must pay for that timber,
but the advance payment balance is not reduced. However, if the value
of timber cut from an allotment does not exceed the advance payment no
further payment is made, as the cost is debited against the advance.
Thus, in a year such as 1955 when cutting was at a high level, the
chances are that this did not draw down the advance payment account
proportionately. At the same time, the earned income to defray expenses
was substantially in excess of the cost. Thus, an interest-bearing
advance payment account would provide substantial financial benefits to
the Indians.
The advance payment made by the timber purchaser is one consideration
of the contract of sale. It is customary for a seller to require
certain sums or even all of the purchase price in advance from the
purchaser. The seller is then free to expend or reinvest this money.
The purpose of withholding 10 percent of all revenue is to reimburse the
Government for reasonable costs incurred. To the extent that funds to
defray services are collected in advance of expenditure and thereby earn
interest, that account is entitled to be credited with the interest.
The Indians, rather than the Government, are entitled to the interest
that this fund may be capable of earning.
The Indians are charged additional amounts for services rendered by
the timber purchasers
The Bureau of Indian Affairs originally advised the Indians:
As required by law and the regulations, a deduction of 10 percent of
the timber sale income is made by the Government to help pay for the
cost of administering the sale. In addition to the contractual work,
the services provided include the scaling of logs, running of allotment
lines, branding of logs for identification, fire protection, and all
accounting of scale records and allottee payments. (italic supplied.)
The services italicized above are now being performed by the timber
purchasers at a cost of $0.90 per thousand board feet to the Indians.
This charge is equal to about 7.5 percent of the value of the timber and
is in addition to the 10 percent deducted by the Bureau.
The cost of the Bureau of Indian Affairs for scaling Indian timber is
approximately $0.35 per thousand board feet. The Bureau indicates that
an allowance of $0.45 per thousand board feet is now made to the timber
purchasers to perform this service.
The Bureau contends that private scaling costs are higher for the
Indians, timber due to the extra cost of scaling numerous brands. One
scale report shows that the cost for scaling 160,000 board feet
involving 9 brands was $0.241/2 per thousand board feet. Another scale
report shows a cost equal to $0.68 per thousand board feet for scaling
47,000 board feet where only 2 brands were encountered. Thus it would
appear that the volume the timber purchaser presents for scaling on 1
day influences the charge rather than the number of brands involved in
the day's work. If one-quarter of the timber was scaled in small lots,
which take an hourly rate, the average cost would still not exceed $0.35
per thousand board feet, which is an amount equal to the cost to the
Bureau to perform the scaling itself. The Bureau's statement that
scaling costs are increased due to numerous brands and its estimate of a
cost of $0.45 per thousand board feet are not substantiated.
An allowance of $0.25 per thousand board feet is made to the
purchasers to cover the cost of running allotment lines. According to
data informally furnished by the Bureau of Land Management, the average
cost for line running in heavy timber in the Pacific Northwest is $250
per mile. This is very close to the figure the Bureau of Indian Affairs
furnished the committee. On this basis and utilizing 7 miles of
boundary line per section, the cost would be $1,750 per section, or $220
per 80 acre allotment. The Bureau arrives at an
TIMBER SALES QUINAIELT INDIAN RESERVATION estimate of $0.11 per
thousand board feet by essentially the same computation; it doubles the
estimated cost, and rounds it off to $0.25. The Indian Bureau justifies
this figure by stating that it will be necessary to return some of the
lines as much as three times during the life of the contract.
It is a well established fact that a properly run and blazed line in
the forest will be good for almost as long as the trees stand. Proper
blazing will identify all line trees as to ownership, and it will not be
necessary to resurvey the line in order to cut the timber. In addition,
contract area maps furnished the committee by the Bureau show that
cutting often stops at allotment lines. This lessens the need for a
redetermination of adjacent allotment lines by a resurvey.
Cutting is not now progressing in every township in the contracts and
this reservation has already been surveyed so that lines are in
existence. Thus, when it is necessary to resurvey lines, the resurvey
will not be made until later in the life of the contract.
The cost estimate made by the Bureau of Indian Affairs to have the
purchaser run the lines is over double the cost experienced by competent
cadastral engineers. The result is an allowance to the purchasers for
these 2 contracts which may be $200,000 in excess of the actual cost.
Log branding is estimated to cost the purchasers $0.15 per thousand
board feet, or approximately $9,000 a year. In addition, the Bureau of
Indian Affairs expends funds to supervise this activity. The Bureau
also estimates that there is an additional cost to the purchasers of
$0.05 per thousand board feet for overhead of these 3 items.
The sum of these costs is estimated by the Bureau of Indian Affairs
at $0.90 per thousand board feet. Indications are that the allowance
for scaling and line running is about $0.25 in excess of past comparable
Government costs. Inasmuch as the Indians were individually notified
that these services would be provided by the Bureau of Indian Affairs,
they are also entitled to an accounting from the trustee of the benefits
they are securing from the transfer of these services from the trustee
to the timber purchaser.
All of the services being performed for the Indians need not be
performed by the Government. However, the trustee is responsible to see
to it that the services are properly performed at the lowest possible
cost.
Changes are needed
The Bureau of Indian Affairs has not properly accounted for the
income and expense of their forestry operations. There is substantial
evidence that an entirely new approach is needed.
Consideration should be given to the following improvements. The
development of a good system of accountability by reservations, and for
long term contracts, particularly those which involve allotted lands.
In the case of long-term contracts, the funds withheld and the funds
expended should be accounted for separately. Provision should be made
to hold the deduction from advance payments in an interest bearing
account to defray proper costs. The allottees in the contract should
not be charged more than the value of the services, and where the Bureau
desires to have services performed by others, a separate contract should
be entered into which stipulates the services that will be rendered and
the costs thereof.
The 10 percent charge has no relation to the actual cost of the
service rendered, and it should be replaced by a fee schedule. The
Bureau should establish a schedule of charges for each service. For
service such as scaling, the charge should be on a per thousand board
feet basis, while service such as line running should be set forth on an
allotment basis.
The cost for proper and complete forest management cannot and should
not be expressed as a percentage of revenue. As timber values and wage
costs fluctuate, the cost of services will not retain a fixed percentage
relationship to stumpage. The Bureau has found it desirable to revise
the percentage of log values that will be paid by the timber purchasers
as stumpage. There have been substantial changes in the Bureau of
Indian Affairs operations, but the Indians are still charged 10 percent
of revenue for administration, although the cost of other services has
been shifted to the timber purchasers. For the purpose of considering
the "gross proceeds of the sale" the Bureau should take into account,
not only the cost of the services it performs as the trustee, but also
the cost of the services normally performed by it which the timber
purchaser has been required to perform. Allotment line surveys, log
branding, and scaling are prime examples of the type of activity which
should be considered in computing costs, as well as a part of the gross
proceeds of sale.
In order to facilitate improvement in operations, title 25 United
States Code, section 413 should be amended to allow the Secretary of the
Interior to place funds collected for services to be performed in a
special interest-bearing account, rather than in miscellaneous receipts
The funds should be available for disbursement to contractors or to
Federal and State agencies performing services for the Indians and, at
the close of a timber-sale contract, the surplus should be paid to the
Indians.
The unexpected balance of advance payments collected on the Crane
Creek and Taholah contracts should be transferred from miscellaneous
receipts to an interest bearing account for the Indians.
3. PROCEDURAL DEFECTS
The two existing long-term timber sales on this reservation provide
for a master contract between the purchaser and the Secretary of the
Interior, and also for individual contracts between each allottee and
the company. Each contract contains provision for the renegotiation of
stumpage rates. Section 10 of each contract permits the Secretary of
the Interior, on his own motion or upon the request of the purchaser, to
review and change stumpage rates. There is no provision for the
Indians, who are a party to the contracts, to request such a review.
If, after the review, the Secretary decides a price revision is
warranted, he must give: # # # thirty days' notice to the purchaser # #
# during which time the purchaser may consult with the Secretary or
(his) representative.(71)
The Crane Creek contract also provides that notice of proposed rate
changes will be given to the Indians and that they, too, may consult
with the Secretary. There is no such provision in the Taholah contract.
In practice, a notice of intention to vary rates has been sent only to
the tribal council, which represents only those holding interests in
tribal lands. The Department of the Interior has long been aware of the
fact that the Quinaielt Tribal Council admittedly does not speak for all
the Indians holding allotments on this reservation, but the council is
the only group that has received formal notification of proposed
changes.
Consultations
Both in 550000 and in 570000 when rate adjustments were proposed,
extensive consultations were had by the purchasers with Bureau of Indian
Affairs forestry personnel. In 550000 consultations were centered into
prior to the time that the Secretary of the Interior had transmitted the
official notification of rate changes to both parties. The appraisal
was made first at the field level and then reviewed at the regional
office, where it was revised. The Chief of the Branch of Forestry from
Washington, D.C., arrived on the scene and, with the permission of the
Assistant Commissioner of Indian Affairs, conferences were held with the
purchasers. Again the stumpage rates were revised, this time downward
to take into account interest on advance payments. Following this, the
appraisal was transmitted to the Secretary who, on 000829, gave formal
notice of intent to revise rates to the purchasers. For the first time
the tribal council was advised. While the purchasers had already had
extensive consultations, the notice to the tribal council was in the
form of a telegram setting forth only log-to-stumpage ratios. This
information was insufficient for the tribal council to make any judgment
of the situation, even if they had been inclined to do so. Futher
protests were received from the companies, and then formal
consultations, authorized by the terms of the contracts, were held on
550921. In addition to the local foresters, the Chief of the Branch of
Forestry from
TIMBER SALES--QUINAIELT INDIAN RESERVATION the Washington, D.C.,
office was present. On 000923, as a result of the conference with the
companies, the Portland Bureau of Indian Affairs foresters advised the
area director that there was an error in the "interest allowance"
computation which had the effect of reducing all stumpage rates.
Moreover, the profit ratio for cedar was advanced, thus further lowering
the cedar rate. On that same day the area director notified the
Commissioner.
The consultation resulted in a revision of the proposed new stumpage
ratios which are explained in the attached memorandum. The
recommendations in the memorandum are approved and it is requested that
the Secretary give final notification to the purchaser of increased
stumpage ratios modified as indicated.
In the interim, on 000905, the Quinaielt Tribal Council had
transmitted a letter to the local forester for the Bureau of Indian
Affairs rejecting a proposed resolution he had sent for them to sign
approving the proposed rate changes for these contracts. On 000929, the
Secretary set the stumpage ratios. This was the first notice the
Indians received that the rates were to be lower than those initially
advanced. It is to be presumed that the purchasers, as a result of the
000921 conference, had some idea of the nature of the revision.
Testifying regarding the 550000 action of the local officers, a
representative for one of the companies stated:
On 550830, we received notice from the Indian Service that, effective
001001, the ratios of stumpage prices to log prices were to be
increased. We promptly protested any increase in ratios and asked for
consultation. At that consultation we presented our views. As a result
we obtained some reduction of the proposed increase, but not much, and
the increased ratios are now in effect.
The contract contains minimum stumpage prices which must be paid by
Rayonier regardless of any other factors.
The Secretary of the Interior is also given authority under the
contract to abandon the above-described pricing formula if, in his
opinion, it does not reflect the true market value of the stumpage.
This pricing phase of the contract is one of the things which we regard
as unfair. If the Secretary proposes an increase, all we may do is
"consult" with his representatives. It is obvious that these provisions
are a potential for abuse, and unless the abuses were extreme, Rayonier
would probably have no recourse. We feel that under any contract,
whether it be with a public agency or with private individuals, we
should have definite rights which can be readily ascertained and which
can be protected and enforced.
As it is, we can only remain hopeful that the administrative officers
of the Indian Service will not abuse the discretionary powers given them
by the contract. (73)
At that time, the company voiced its fears that consultation with the
Secretary's representatives might not afford sufficient protection.
The 570000 contract rate revisions followed a course which produced
more protests from the purchasers. The records supplied by the Indian
Bureau do not reveal preliminary conferences with the companies prior to
the formal secretarial rate change notification which was given on
570227. However, by a letter dated 570226, one company, the Aloha
Lumber Corp., stated protesting even before it was officially notified
of a rate change. This was followed by other protests by both companies
after official notification.
On 570305, Bureau officials, including a representative of the
Washington office, met on the west coast with officials of the
timber-purchasing firms. This was followed by another meeting on 000318
which was attended by company and regional officials. By 000329
TIMBER SALES; QUINAIELT INDIAN RESERVATION 29, the Washington office
forestry staff of the Bureau had prepared its analysis and recommended
reducing cedar rates and increasing hemlock. Subsequently, the
purchasers and the Department agreed to delay until 000515 announcement
of the rates to be effective retroactive to 000501. There was no charge
in these recommendations made on 000329. After the 000515 announcement
of rates, the purchasers asked for and received an agreement that the
announced rates would be held under advisement until 000615. There was
a further consultation on 000610 but the Secretary did not change the
rates from those announced 000515.
Then, on 000618, both companies protested the rates set by the
Secretary and emphasized the fact that they had been limited to
consultations with the very persons whose judgment they challenged. The
picture they paint is one of meeting with a group purporting to be
objective and detached who have just completed acting as an agent on the
Indians' behalf. In addition, the purchasers point out, with good
justification, that it is impossible for them to have a fair trial when,
in effect, the prosecuting attorney is also the jury. The Secretary is
portrayed as a judge who limits himself first to agreeing with the
prosecuting attorney and then with the jury.
The significant thing about the 570000 action is not the sequence of
events, but the nature of the action taken. It goes to the heart of the
consultation procedures. For example, the first rate notification on
000228 for 1 contract set cedar rates at $22 per thousand board feet and
hemlock and white fir at $9 per thousand board feet. After a protest on
the proposed cedar increase by the Purchaser, on 000329 the Bureau
recommended and the Secretary later acquiesced to an increase of the
hemlock and white fir to $11 per thousand board feet, and a decrease in
the cedar rate to $18 per thousand board feet. In the interim period,
there was no consultation with the Indians. On its own motion, the
Bureau, on the eye of the final day for the consultation period,
recommended increasing the hemlock and white fir rates and lowering the
cedar rate. The recommendation, as far as is known by the committee,
was not made known to either the Indians or the timber purchasers. At
about that time the purchasers requested a 15-day delay in rate
announcement, and later, by agreement, the announcement was delayed
another 30 days. During this period the recommended action, which
became the final course of action, was transmitted to the Secretary of
the Interior.
This procedure raises some doubt as to the value of "consultations"
as a method of obtaining the facts of the situation.
Assume for the moment that the increase proposed 000227 met with the
approval of the Indians. On 000329, after consultation, to Which the
Indians were not invited, and on the eve of the time for decision, the
Secretary advises all parties that, instead of the original rates
proposed, new rates, lower for cedar but higher for white fir and
hemlock, will be effective. The timber purchaser, content with the
modest increase originally proposed for white fir and hemlock, has made
no protest on this. He has concentrated on cedar. The Indians,
satisfied that all three species will be increased have kept their own
counsel. Where do the parties stand on 000401? A new set of conditions
emerges. The purchaser is shocked to find two species far higher than
he first contemplated. The Indians find
TIMBER SALES; QUINAIELT INDIAN RESERVATION the proposed increase in
the major species far less than they contemplated.
The Bureau foresters give these reasons for their revised proposal:
Since it becomes necessary to depart from market trends as indicated
by the fourth quarter of 560000 in the case of cedar, it also appears
appropriate to give consideration to some of the other species in a
similar manner. The table of quoted log prices shows a sharp decline
for the value of cedar but an improvement rather than a decline in the
value of the other important species # # #.
# # # These views now afford an opportunity to accomplished some
realinement of the relative values of the different species which was
not accomplished in the previous report. The application of this
reasoning is not a departure from the market conditions and appraisal
study, but is an extension of its recognizing some differences which
mathematical procedure did not reveal. (72a)
It is difficult to preceive how even the mechanics of consultation
could be effected. At the close of the 30-day consultation period, both
parties have had their chance to present their views, but now a totally
new situation faces them.
These are significant weaknesses in the consultation provedure
practiced by the Department of the Interior in this instance. The
proposed cedar rate dropped 20 percent while the proposed hemlock and
white-fir rates had jumped 20 percent. The net effect of the proposed
changes was to proclaim that the original notification was in error and
to assert that the Secretary may put entirely different rates into
effect without any further consultation.
Secretarial review is now limited
Effective control over timber prices rests with the foresters in the
Bureau of Indian Affairs. The 550923, changes and the 570329, changes
reveal the extent to which the Bureau personnel control the Secretary's
action.
The decision announcing changes in contract rates is made by the
Secretary, but he must act upon the advice of the foresters in the
Bureau. In fact, the record does not disclose that the Commissioner of
Indian Affairs reviews the recommendation of his foresters.
It would appear to be sound policy to place the responsibility for
making the original determination and announcement of rates at the level
where the action really occurs. This could be accomplished by the
Secretary of the Interior delegating to the Commissioner of Indian
Affairs or the area director the responsibility for rate
redeterminations and contract modifications. By so doing, the parties
in interest would be able to carry an appeal to a Secretary who had not
previously committed himself upon any of the points in issue.
Consultation is not adequate
It has been pointed out that, on proposed rate changes, the
purchasers enjoy far more extensive consultation with the Bureau
foresters than do the allottees. This consultation, including the
discussion of proposed rates, has occurred well in advance of formal
notification by the Secretary that rates were to be changed. Neither
the Indian allottees nor the Quinaielt Tribal Council has been
officially advised of or invited to participate in these consultations.
In one case, consultations with the purchasers caused proposed rate
increases to recede before official notification was given.
There are two parties in interest to these contracts: the purchasers
and the Indians. Through the exercise of powers of attorney received
(72a) Hearing, Quinielt Timber Sales, p. 340.
TIMBER SALE -- QUINAIELT INDIAN RESERVATION from the Indians, the
Secretary of the Interior is authorized to act on behalf of the Indian
owners.
On the one hand the Secretary is to act for the Indians as a trustee,
while on the other, he is expected to act as an impartial judge in
settling differences that may exist between the Indians and the
purchasers, or between either of these parties and the actions of his
agent, the Commissioner of Indian Affairs.
The Bureau personnel are in the position of theoretically consulting
with the Indians, but at the same time acting for them as their agent.
Consultation, as conceived in this arrangement, has the form of
consultation without its real substance.
It is not consultation that is actually sought by the purchasers
after the proposed contract rates are announced; it is the right to be
advised of the factual information that is the foundation for the
proposed change and to be able to counter with information that will
result in a final determination by the Secretary which should take into
consideration the facts they present.
Effective consultation and an appeal procedure are needed
Through the signing of individual contracts, each allottee becomes a
party to the master contract. These allottees are entitled to be
advised of proposed rate changes. In carrying out its goal of fostering
Indian development, the Bureau should consult with and advise the
Indians. As a trustee, the Bureau must retain the right of decision,
but they should afford the allottees the opportunity to submit their
views and recommendations.
The entire area of consultation would be clarified by requiring that
notice of proposed rate changes first be given to affected individual
Indians as well as appropriate Indian groups and their authorized
representatives. The notice should contain sufficient information to
enable the recipient to assess what is contemplated. The bare statement
of the "ratios" falls far short of this criterion.
The subsequent "consultation" should take the form of a hearing, with
the Indian allottees duly notified of the time and place of the hearing.
Facts submitted should be made a part of the record which should be
available to all parties in interest.
After the allottees' views are received and considered, the
Commissioner, acting upon behalf of the Indians, should give the
purchaser his first notification of the rates the Bureau intends to
establish. Thereafter, the purchasers should have the opportunity to
consult the Commissioner or his representative. These "consultations"
should use hearing procedures, with proper notice to all parties and a
stenographic record taken. The Bureau should then announce the new
rates. At that time, either party should be free to take an appeal from
the Bureau decision to the Secretary. The Secretary should then appoint
a hearing examiner or utilize a group such as the Department's Board of
Contract Appeals to take the record made earlier and hold such
additional hearings as may be necessary to complete the record before it
is presented to the Secretary.
The decisions on price adjustments made by the Secretary involve
differences in the payment for timber in excess of $100,000 annually for
each of the long-term contracts on the Quinaielt Reservation. These are
substantial sums and both parties to the contract should have full
opportunity to express their views before a disinterested group.
TIMBER SALES -- QUINAIELT INDIAN RESERVATION
The procedure suggested holds forth the maximum opportunity for a
proper reconciliation of diverging opinions relatively early at the
field level, a complete record in all events, and a well-defined appeal
channel which gives each party a chance to make an effective appeal.
This procedure would cast the Commissioner and his forestry advisers
more properly in their role of trustee and agent for the Indians. The
Secretary would act in a quasi-judicial capacity in arriving at a final
decision.
4. EQUIPPING THE INDIANS TO MANAGE THEIR OWN AFFAIRS
Sustained yield
This 174,000-acre reservation consists of more than two thousand
80-acre tracts that have been managed as though they were 1 property.
It is not a jointly held property where everyone has an equal and common
interest. Despite the fact that these are trust allotted lands, the
Bureau has, since 200000, carried out this unified management under the
guise that this type of sustained-yield forestry program was a
necessity. This has been done although it was known that when patents
in fee were ultimately issued, this unified sustained-yield program
would disappear as each individual assumed the responsibility for his
property. Sixty-five thousand acres or more have been cut over and many
years will elapse before there is sufficient timber on these lands to
provide a commercial cut. Another 65,000 acres is under 2 long-term
contracts, under which it is contemplated that by 860000 all the
merchantable timber on this area will be liquidated. The Queets area,
45,000 acres, is uncut and not under long-term contract. Already 16,000
acres has passed or is in the process of passing to a cutover status
through the patent-in-fee program, while the balance may move into the
market as the owners seek fee patent. From the standpoint of the
allottees, there has never been a sustained yield program on this
reservation.
If this property on this reservation were in a tribal ownership, with
substantial portions uncut and the balance covered with residual stands
from selective cutting, the situation with respect to sustained yield
and per capita income would be different. Each member of the tribe
would have had the benefit of an annual income. On the Quinaielt,
however, the asset is already divided; therefore, individual desires,
the solution of heirship problems, and the limited amount of timber
available for liquidation, are controlling factors.
This reservation is equal in size with the largest private timber
holdings in the United States.(73) In the State of Washington there are
only 18 private holdings in the same size class.
However, in reality this reservation must be considered as a
contiguous block of typical small privately owned forest properties.
Under present policy its management will be on this basis.
Alternatives to unified sustained yield
One satisfactory alternative is to insure sound management which has
as its goal the preservation of the capacity of the land to produce
while permitting full opportunity to remove timber either as the need of
the owner or the market situation indicates is most desirable.
A recent study of timberland owners in another region describes some
of the significant factors that may influence the management of
There are only 283 timber holdings in the Nation that exceed 50,000
acres, with an average size of 206,000 acres.
TIMBER SALES--QUINAIELT INDIAN RESERVATION forest lands.(74) These
were tracts in diversified private ownership that had been placed under
management designed to promote productivity and furnish good protection.
They were not necessarily to be managed on the regular cropping basis
which is associated with the sustained yield concept. After several
years of "management" 216 of the 505 cases were rated marginal and were
not further analyzed. Only the 289, which covered lands which either
definitely improved or worsened since going under a management plan,
were studied. Of these cases, 200, as measured by a change in desirable
growing stock, had definitely improved, while 89 had gone backward.
Unsatisfactory management was often tied in with financial
difficulties. According to the landowners, financial emergencies were
responsible for 55 percent of the inability to continue management
plans. Owners with good timber to start with apparently had more
incentive to do a good management job than those whose timber was poor.
Stable landownership, receipt of a substantial portion of income from
timberlands, general business success, and interest in community affairs
were found to be associated with forest management success. There were
three times as many successes among those whose economic status had
improved. Women did as good a job as men. Absentee owners who used the
services of a resident manager were as successful as owners residing on
the property. The better managers were those who customarily sought and
used technical assistance in all their affairs and every owner who used
a consulting forester did a satisfactory job. Owner participation in
fieldwork did not increase the chances for successful management.
These factors, along with the others in this study, bear careful
consideration by those concerned with Indian land management affairs.
Successful forest management depends to a large extent upon the person.
He must have a property susceptible to being productively managed, an
understanding of the benefits that can accrue to him from good
management, together with an incentive to do the job.
The trustee will have the obligation to advise the Indians on plans
for the future management of the land on every timbered reservation
where it is proposed that trusteeship be relinquished. If the
individuals do not wish to join together to carry out the existing plan
of sustained-yield management, the trustee must assist in the
development of a satisfactory alternative which equips the Indians to
manage their own property in harmony with sound land use practices.
The goal of trustee management is to bring the Indian and his estate
to a better status than would have occurred if this help had not been
extended. It is not the policy of Congress or the Department of the
Interior that the trust status be continued from now until eternity with
the Indian and his land held in limbo.
The Bureau has not developed Indian business organizations
One witness before the committee requested that the Bureau assist in
the organization of the Indians on a business-interest basis(75). The
Bureau endorsed the plan, advising the committee that this procedure
would provide: " # # # for more meaningful consultation."(76) The
Bureau then stated:
(ILLEGIBLE LINE) (ILLEGIBLE LINE) (ILLEGIBLE LINE)
TIMBER SALES--QUINAIELT INDIAN RESERVATION
If any group of allottees, with interests in the Taholah and Crane
Creek units, wishes to designate representatives to speak for it, we
shall be happy to consult with such representatives at any time on
matters affecting these contracts.(77)
This passive endorsement of the concept of an effective business
organization is symptomatic of a Bureau attitude which has existed too
long.
Eighteen months have elaspsed since the first hearings were held at
Aberdeen, Wash., where the Indians requested consideration of their
desires.(78) The Bureau has not taken one concrete step to correct the
situation which deprives at least 80 percent of the Indians allotted on
this reservation of participation in any official group through which
they may protect their economic interest.
A business organization is needed
There is a need to provide a service to the persons allotted on the
reservation beyond those normally performed by Government, in order to
protect and promote the economic stake that they have in this
170,000-acre property. The service required is of a business nature and
the need is for a business-type organization.
The leadership for developing business management units must come
from the Bureau of Indian Affairs. The reponsibility for charter,
organization, and guidance rests with the trustee. It would be neither
proper nor sufficient to encourage the creation of rump groups or
temporary associations of individuals to consult with the Bureau. The
Bureau could proceed quickly to develop appropriate business
organizations in cooperation with the allottees.
In order to fill the need that exists, the proposed business
management units must be so organized as to be of positive assistance in
promoting Indian operation of reservation resources. These boards
should become the focal point for relations between the Bureau and the
allottees.
Each area on the reservation has its own distinct and unique
problems, and the needs and desires of the owners differ. At least 4
business groups should be created; 1 for each of the major areas on the
reservation. Each adult allotted on a unit should be a member, entitled
to one vote and the right to hold office. Each business unit might have
a 7- or 9-member board of directors, elected by all of the allottees in
the unit. In view of the factional situation on this reservation,
consideration might well be given, at the outset, for proportional
representation of the various bands on the board in order to alleviate
friction stemming from concern that one band might be denied an
opportunity for proper representation. Terms of office for board
members should be prescribed and there should be no requirement that a
board member have a predesignated place of residence.
The Bureau should furnish all the affected allottees with an annual
report which reviews accomplishments, problems encountered, timber
cutting plans, the financial situation, and other matters requiring the
joint consideration of the Bureau and the allottees. Where contracts
have an automatic rate-adjustment provision, the allottees should be
informed of each change and the reason for it.
It might be desirable to schedule at least two meetings a year for
the board of directors, with provision for any allottees to attend who
desire to do so. One meeting should include a chance for an on-the-
TIMBER SALES--QUINAIELT INDIAN RESERVATION ground inspection, in
order that the board will be able to view operations and see problems as
they exist.
In sum, the operation of these business units should be directed
toward acquainting the allottees with the problems of management, to
encourage their participation in management, and to lay the foundation
for ultimate transfer of the responsibility for management from the
trustee to the Indians. The business organization would also be
concerned with developing programs for the type of private operation the
members desired.
When an Indian applies for a patent-in-fee, the Bureau should
promptly advise the applicant:
(a) Whether or not, because of lack of access, existing contracts, or
other factors, the land and timber may be sold after patent issues;
(b) The estimated volume and fair market value of his timber;
(c) The potential long-term benefits to be derived from retention of
the land under conservative management;
(d) Whether or not he may join in a cooperative management unit under
a pooling agreement with other patentees or allottees;
(e) The estimated amount of taxes he will be liable for in the event
patent issues; and
(f) What State and private forestry services are available to him.
Much of the reservation has been cut over and many years will elapse
before the land again produces income. These two facts make it
necessary to fully recognize that the base property on the reservation
will never serve as an adequate major income source for these people.
As time goes on, the reservation property will become less of an
economic factor in the life of these people, and the necessity for
continued Government supervision of the reservation will lessen. By
then, the Bureau should have developed programs which permit Indian
ownership and management of reservation property.
APPENDIX
EXHIBIT A
Actual prices paid for timber cut on Crane Creek and Taholah timber
sales, 530000-570000, Quinaielt Indian Reservation, Bureau of Indian
Affairs
BID RATE
Table not keyed, see original
EXHIBIT B. -B-118601
COMPTROLLER GENERAL OF THE UNITED STATES, Washington, D.C., 570405.
The honorable the SECRETARY OF THE INTERIOR.
DEAR MR. SECRETARY: In the course of our audit of the administration
of forest-management activities by the Bureau of Indian Affairs,
Portland Oreg., area office, we note that allowance for interest on
advance payments has been permitted under two contracts for the sale of
Indian timber notwithstanding that these contracts contain no provision
for such allowances.
The contracts are No. 1-101-Ind-1902 with Rayonier, Inc., for the
sale of timber on the Crane Creek unit, approved by the Under Secretary
of the Interior on 520630, and No. I-101-Ind-1766 with Aloha Lumber Co.
for timber on the Taholah logging unit approved by the Assistant
Secretary of the Interior on 500512. The contracts are administered by
the Western Washington Agency and the Hoquiam Subagency of the Western
Washington Agency in the Portland area of the Bureau of Indian Affairs.
Both sales units are on the Quinault Indian Reservation in the State of
Washington.
Section 3 of the contracts provides that the superintendent of the
Indian agency authorizes the purchaser and the purchaser obligates
himself to enter into separate contracts with Indians holding
trust-patented allotments within the
TIMBER SALES--QUINAIELT INDIAN RESERVATION logging unit who desire to
sell their timber subject to the terms of the overall contract.
Section 9 of the contracts provides in essence that stumpage rates
shall be computed by applying the percentages determined under other
provisions of the contract to the calculated average Grays Harbor-Puget
Sound log prices for the preceding quarterly period and the sawtimber
stumpage rates for each species of wood. Section 10 of the contracts
makes provision for changing the designated percentage ratios when
warranted by the character of the operation, changes in marketing
conditions or technological developments. Section 11 of both contracts
provides for the revision of stumpage in accordance with the trend of
economic conditions in the west coast logging and lumbering industry.
Section 14 of the contracts requires the payment of advances to Indian
timber owners at the rate of 25 percent of the estimated value of the
timber within 30 days after approval of the contract on each allotment,
another 15 percent within 3 years, and an additional 10 percent within 6
years.
In making the original appraisals on these tracts the Bureau of
Indian Affairs apparently did not include interest on advance payments
as a cost allowable to the purchaser. It does not appear that such
allowances have ever been included in appraisals or reappraisals in
connection with other Bureau timber sales. In a stumpage price
adjustment effective 551001, in accordance with section 10 of the
contracts, the Bureau at the request of the purchasers agreed to levy an
interest charge against the Indian timber involved because of the
requirement for advance payments. This interest charge was included in
the costs deducted from the log values to arrive at stumpage values,
thus, in effect, reducing the reappraised value of the timber.
We have held that contracts such as here involved are in the nature
of public contracts and subject to the laws pertaining thereto. In our
decision, A-35630, 310330, to one of your predecessors, we stated:
"The question as to whether the leases in question are or are not
public contracts need not be made the subject of further discussion
except to say that as the Goverment acts in a sort of guardianship
capacity with respect to the lands involved, and more particularly as to
the funds derived from such leases, as to which the act of 080701 (30
Stat. 595), requires accounting to be rendered (6 Comp. Dec. 281) it
would appear the duty of the Government to see that the provisions of
such leases are complied with by the leases in accordance with their
terms, unless by administrative action properly authorized by law, the
terms of said leases have been modified # # #."
As stated previously, the net effect of the allowance of interest on
advance payments was to reduce the amounts otherwise payable, pursuant
to the terms and conditions of the contracts, to the individual Indian
allottees. While the contracts contained provisions for modification of
the prices upon certain contingencies or determinations, it does not
appear that the reduction made by the inclusion of interest allowance
was within the purview of any of these provisions. It is fundamental
that valid public contracts are required to be enforced as written and
no officer or agent of the Government may waive contractual rights which
have accrued to the United States or modify existing contracts without a
compensating benefit to the Government (26 Comp. Gen. 365,367 and cases
cited therein). We are aware of no benefits which accrued either to the
United States or to the Indian allottees in connection with the
modification permitting allowances for interest on advance payments.
Thus it is not clear on the present record that the Secretary of the
Interior was authorized under the original contracts or under the law to
modify the rates to the detriment of the United States, or the Indians
on behalf of whom the Government is acting, to permit the interest
allowances under the circumstances (A-22609, 280510).
Also, we have stated that aside from the question of lack of
authority in any officer of the Government to prejudice the interest of
the Government and the position of the United States as guardian for the
Indians by permitting the modification of such contracts, there is for
consideration the possibility that such modification would lead to suits
against the United States under special jurisictional acts or otherwise
for losses sustained by the Indians on account of such procedure
(A-39831, A-38386, 311217).
However, before reaching a final conclusion in the present matter and
in compliance with an informal request of officials of the Bureau of
Indian Affairs, we will consider any statements or comments you may
desire to submit here to support the legality of the action taken in
modifying the contracts involved. Please expedite the furnishing of
such supplemental report.
TIMBER SALES--QUINAIELT INDIAN RESERVATION
A copy of this letter is being sent to the chairman of the Senate
Committee on Interior and Insular Affairs.
Sincerely yours,
JOSEPH CAMPBELL, Comptroller General of the United States
EXHIBIT C
DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.
C. 570722.
Hon JOSEPH CAMPBELL, Comptroller General of the United States,
Washington, D. C.
DEAR Mr. CAMPBELL: In your letter of 570405 (your file No.B-118601),
you afforded us an opportunity to present our views concerning an
allowance for interest in two contracts for the sale of timber on the
Quinault Indian Reservation in Washington. We appreciate your courtesy
in allowing us this time for preparation of our reply.
There is submitted herewith a statement in support of our belief that
the interest allowance, as it has been handled, is legally permissible
and administratively sound. We are also enclosing an opinion of the
Solicitor of the Department prepared in response to a request from the
Commissioner of Indian Affairs.
We urge your favorable consideration of our position in this matter,
because it has implications extending beyond the two timber-sale
contracts in question. The interest allowance, as it was handled, was
an adjustment to take care of a situation that was not given proper
recognition when the timber sales were made. Adjustments have also
become necessary because the quality of logs being taken from the sale
areas is better than originally estimated. The interest adjustment
favored the purchaser. The log quality adjustment favors the Indians.
Adjustments of this nature are to be expected. Their need is
unavoidable, because practically all data used in original stumpage
appraisals, and in subsequent stumpage adjustment studies, are no more
than estimates based upon the best available information at the time.
As the information base broadens, through continuing cutting operations,
the estimates are adjusted accordingly. It would be most unfortunate,
not only in these contracts but in other contracts for the sale of
Indian timber, if we were deprived of the authority to make equitable
adjustments of this nature as the need is indicated.
We are convinced that this latitude in the administration of
long-term timber-sale contracts is permissible under the contract terms,
is administratively sound, and is in the best interest of the Indian
stumpage owners.
Sincerely yours,
FRED A. SEATON, Secretary of the Interior.
DEPARTMENT OF THE INTERIOR, OFFICE OF THE SOLICITOR, Washington, D.
C., 570722.
Memorandum
TO: Commissioner of Indian Affairs.
From: Solicitor.
Subject: Construction of the contract with Aloha Lumber Co. for the
sale of timber on the Taholah logging unit, approved 500512.
Your office has requested an opinion as to the factors which may be
taken into consideration by the Secretary of the Interior and his staff
in establishing new percentage ratios between stumpage rates and the
Puget Sound-Grays Harbor log prices under paragraph 10 of the subject
contract No. 1-101-Ind-1766 for the sale of Indian timber on the
Taholah logging unit, approved 500512.
A question has been raised as to the legality of the Secretary's
handling of an interest factor on money advanced to the Indian sellers
prior to the harvesting of their timber by the purchaser. The
questioned action was taken in the process of his redetermination of the
price and the establishment of a ratio for automatic quarterly
readjustments thereafter pursuant to paragraph 10 of the contract. At
the risk of oversimplification, and confining our discussion to one type
of stumpage a reading of the subject contract shows that the parties
agreed upon a price of $9.75 for western redcedar for the quarterly
period ending 500531.
TIMBER SALES--QUINAIELT INDIAN RESERVATION (par.6). It was also
agreed that the published average price for western redcedar logs for
the same period was $48.52 per unit (par.7). It was the purpose of the
contract that the original price for western redcedar stumpage would be
changed each quarter so as to retain the same relationship to the
published prices for logs no matter how much the latter changed
quarterly. This was set out as a "ratio," expressing mathematically the
relationship of the agreed price of stumpage to the published price of
logs, which ratio as of the date of the original period was 22 percent.
The parties further agreed, the parties being the Indians and the
lumber company, that if the Secretary of the Interior should find upon
review that the "character of the operation, changes in marketing
conditions, or technological developments" had altered the situation to
such extent as to impress the Secretary with the desirability of
changing the ratio, he should proceed to establish a new ratio upon 30
days' notice to the lumber company.
The exact language of paragraph 10 of the subject contract reads as
follows:
"The Secretary of the Interior or his duly authorized representative
may, upon his own 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 30 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 period which is not less than 30 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 sawtimber
shall not be changed oftener than once in any calendar year".
Paragraph 10 of the contract authorizes the Secretary or his
representative to review the character of the operation, marketing
conditions, or the technological status of the industry to determine
whether changes of such an extent have taken place as to warrant the
setting of a new percentage ratio between the value of the stumpage and
the published Grays Harbor-Puget Sound log prices. There arises the
question of what cost items in the spread between the values of the
stumpage and log prices the Secretary may take into consideration in
determining a new ratio. Is the Secretary limited to factors related to
changes in the character of the operation, marketing conditions, or
technological developments We believe not.
The contractual plan for redetermination of price contemplates a
two-step procedure. First, 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.
Here, without argument, he is limited to the consideration of the events
germane to these stated classes. Once the Secretary has satisfied
himself that changes of such type and of sufficient magnitude have
occurred, he is authorized to take the second step, namely, to
redetermine a new ratio between the fair value of the stumpage and the
published price of logs. In carrying out this responsibility the
Secretary is acting as the freely chosen arbiter of both parties to the
contract, one of whom is the buyer of the stumpage and the other seller.
There seems no doubt that the Secretary, in the exercise of
reasonable discretion, can take the interest factor into account in
determining whether changes in the specified conditions "have altered
the situation to such an extent that a change in the existing ratios # #
# appears warranted # # #." Thus he can refuse altogether to establish
new ratios because of an interest factor or any other reasonable
consideration bearing on the fairness of the existing ratios to the
contracting parties. To construe the Secretary's authority under
section 10 to permit him discretion to refuse any relief whatever on
unspecified but reasonable grounds, and then to construe the remainder
of section 10 so narrowly as to exclude these same grounds from
consideration in fixing the degrees of relief, can only have harsh and
unreasonable consequences. The law favors an interpretation which is
fair and reasonable to one which leads to harsh or unreasonable results.
(Restatement, Contracts, see. 236 (a).) Written contracts are to be
interpreted as a whole. (Supra, sec. 235 (c).)
TIMBER SALES--QUINAIELT INDIAN RESERVATION
We see no reason to believe that the Secretary may not use any tests
of value which a reasonable man, acquainted with the marketing of
stumpage, could be expected to use under the circumstances. Of course,
his actions may not be arbitrary or capricious. He exercises an
informed discretion. The law is not unfamiliar with the practice of
setting fair values (cf. In re Ouellette, 98 F. Supp. 941). The
Secretary in his redetermination of the price ratios will be here guided
by those tests and methods of valuation which a capable and prudent
business-man would use. The Secretary may approach the pricing problem
exactly as his office did in determining the original ratio or he may
employ more recent methods of appraisal and pricing. He may determine
the ratio and from it determine the price for the quarter then involved
or he may determine the then fair price and fix the ratio. Either way
the price will continue to change as the ratio changes. There is no
reason why he need repeat any errors of computation which may have crept
into the original negotiations or fail to take advantage of later
information or improvements in pricing techniques. This construction of
the contract permits the Secretary to take into consideration the cost
of interest involved in making payments in advance of cutting to the
sellers of the stumpage whether this item of cost was reflected in the
original price or not.
A further question has been raised as to whether there need be new
consideration passing between the parties in connection with the use of
a cost item not used in the original pricing. We know of no legal
theory which would require a new consideration to support such a change
in the pricing formula used in the redetermination of price in this type
of contract. Of course the contract itself had to be supported by
consideration. The contract contains mutual promises which bring it
within the general rule "that a promise by one party is a sufficient
consideration for a promise by the adverse party" (cf. 12 Am. Jur.,
Contracts, sec. 113). It is also clear that the consideration passing
between the parties and supporting the original contract is sufficient
to support their agreement to, in effect, abide by the redetermination
of a new ratio which may result in advantages or disadvantages to either
side. The general principle is well understood: "The single
consideration of paying a specified sum of money by one party to a
contract is sufficient to support several distinct stipulations by the
other party to do, or refrain from doing, certain things, and it is
unnecessary to repeat in every paragraph of the contract that such
stipulations are entered into for the consideration once expressed" (12
Am. Jur., Contracts, sec. 119).
It is therefore our opinion that the Secretary legally took into
consideration interest on funds required by the contract to be advanced
by the purchaser to the seller. In fact it is arguable that a failure
to take this interest factor into account would have given the purchaser
grounds to complain of arbitrary and capricious action by the Secretary
in his role of "arbiter" of the redetermined ratio. This is true
whether these contracts are considered "in the nature of public
contracts" or purely as private contracts between the Indians as sellers
and the lumber company as purchasers subject to a statutory approval by
the Secretary in his role as trustee of the economic resources of the
Indians involved. It is our further opinion that as a matter of law
these contracts are not public contracts so as to be subject to the
special laws pertaining to such contracts. Contracts other than public
contracts are governed by the general law contracts as modified by
particular statutory requirements. The Superme Court and other Federal
courts have consistently held that Indian timber sales contracts under
title 25 United States Code, sections 406 and 407 are not "public
contracts." The leading case is United States v. Algoma Lumber Company
(305 U.S. 415 (390000)). On the basis of the Algoma case we conclude
that the United States is technically not a "party" to this type of
contract and that a contract to which the United States is not a party
is not a "public contract." The principle of the Algoma case was
followed by the Circuit Court of Appeals, Eighth Circuit. In Farm
Security Administration v. Herren (165 F. (2d) 554 (480000)), and again
in Water-man S. S Corporation v. Land (151 F. (2d) 292 (450000)),
reversed on other grounds (327 U. S. 540). The Attorney General's
office by letter to the Secretary of the Interior dated 120417, ruled
that contracts for the sale of timber under authority of section 7 of
the act of 100625, supra, "are solely for the benefit of the Indian and
are in no wise contracts 'on behalf of the Government' # # #." This
ruling is understood to mean that these timber contracts are not public
contracts.
Whether or not the subject contract is in the nature of a public
contract, we believe that in the establishment of new percentage ratios
between stumpage rates and the Grays Harbor-Puget Sound log prices no
additional consideration need be found to pass between the parties to
support the readjustment of price and ratio, for the contract as
executed was supported by adequate consideration. The sole
TIMBER SALES-QUINAIELT INDIAN RESERVATION responsibility of the
Secretary is to fulfill his contractual role as "arbiter" of the new
ratio in accordance with well-estiablshed rules of law governing similar
contracts between private parties and those principles of economics
which would guide an informed businessman in similar circumstances.
It is of course manifest that this opinion relates only to the legal
authority for the actions taken and does not undertake to state the
technical and policy considerations which entered into the
administrative decisions concerned.
ELMER BENNETT, Solicitor.
ALLOWANCE FOR INTEREST IN STUMPAGE RATE ADJUSTMENTS, TAHOLAH AND
CRANE CREEK UNIT TIMBER SALE CONTRACTS, QUINAULT INDIAN RESERVATION,
WASH.
BACKGROUND INFORMATION
The Taholah unit contract, approved 500512, by the Assistant
Secretary, covers the sale of an estimated 545 million board-feet of
timber, to be cut and paid for prior to the contract expiration date,
790331.
The Crane Creek unit contract, approved 520630, by the Under
Secretary, covers the sale of an estimated 614 million board-feet of
timber, to be cut and paid for prior to the contract expiration date,
860331.
The contracted area, in each sale, is subdivided into several hundred
individual trust allotments. A general contract has been entered into
for each timber unit, setting forth the conditions of sale for all
timber within the contracted area. For each individual allotment a
separate contract has been executed that is subject to the terms and
conditions of the general contract.
Each allotment contract obligates the purchaser to pay the allottee
25 percent of the estimated value of his timber within 30 days of
contract execution, an additional 15 percent within 3 years, and a final
10 percent within 6 years of contract execution. The advance payments
are applied against the value of timber as it is cut. Payment in full,
for all timber cut on each allotment, is accomplished through additional
payments at the time of cutting. The advance payment requirements
involve several million dollars. The provisions covering this
requirement are found in section 14 of the attached copies of the
Taholah and Crane Creek contracts.
Each contract stipulates that the price per thousand board-feet to be
paid for timber, as it is cut, shall be adjusted quarter annually. The
price (or stumpage rate) for each species is determined for each quarter
by applying a stipulated percent (or ratio) to the average selling price
of logs of the same species that prevailed during the preceding quarter.
This pricing procedure maintains a stipulated percentage relationship
between stumpage rates and the changing log values. The quarter-annual
adjustment provisions are found in sections 6 to 9 inclusive of the
attached copies of the two contracts.
There is a further provision in the Taholah unit contract that
authorizes the Secretary of the Interior, in his discretion, to change
the stipulated ratio for any species when he finds that "the character
of the operation, changes in marketing conditions, or technological
developments" have altered the situation to such an extent as to warrant
a change in ratios. The Crane Creek contract has the same provision,
except that it stipulates "the character of the operation, changes in
market conditions, or other factors." Under these authorities the
Secretary has changed stumpage ratios in both contracts effective
551001, and again effective 570401. The ratio adjustment provisions are
found in section 10 of the attached copies of the two contracts.
THE PROBLEM
Studies that to the ratio adjustments in 550000 included an appraisal
of stumpage values in each contract. A standard and accepted appraisal
procedure was followed which considered the estimated sales value of
logs to be produced from the contracted areas, and the estimated cost of
producing those logs. In the course of this appraisal it was recognized
that the very large sums tied up in advance payments represented a
capital investment in the venture by the purchasers. Interest on this
invested capital was therefore handled as a cost of production.
The Comptroller General has questioned the legal authority and the
administrative wisdom of including this interest allowance in the
appraisal, but has requested the Department's views before reaching a
final conclusion.
TIMBER SALES--QUINAIELT INDIAN RESERVATION
The Comptroller General's reasons for believing the interest
allowance to be improper are essentially:
1. He believes these contracts to be in the nature of public
contracts, and subject to laws pertaining thereto. No agent of the
Government may modify existing contracts without a compensating benefit
to the Government. It appears that no benefit accrued to the Indians or
the Government in this case.
2. In it appraisal preceding the sales, the Bureau apparently did
not include interest on advance payments as a cost allowable to the
purchaser, nor does it appear that such allowances have ever been
included in the Bureau's appraisals or reappraisals.
3. Although the contracts contain provisions for modification of
stumpage prices upon certain contingencies or determinations, it does
not appear that the reduction made by the inclusion of interest
allowance was within the scope of these provisions.
4. Aside from the question of lack of authority to make the
allowance, there is for consideration the possibility that it would lead
to suits against the United States for losses sustained by the Indians.
DISCUSSION
The following discussion sets forth the basis for concluding that the
so-called interest allowance is legally permissible and administratively
sound under the terms of the Taholah and Crane Creek unit contracts.
These are not public contracts
It has been held that contracts for the sale of Indian timber are not
public contracts. Without indulging in a prolonged discussion,
reference is made to U. S. v. Algoma Lumber Company, (305 U. S. 415
(390000)), in which the United States Supreme Court decided that such
contracts are contracts between the purchaser and the Indians, and not
between the purchaser and the United States.
Interest on invested capital was allowed in original appraisal
In order to understand the manner in which interest allowance was
handled in the original appraisal, and in the reappraisal of 550000, it
is necessary to review the stumpage appraisal procedures that are in
general use and recognized by those who are concerned with the subject.
There are two fundamental stumpage appraisal procedures, each of which
permits some variation within the framework of the fundamental method.
In the investment method of stumpage appraisal, an estimate is made
of the capital that must be invested by the timber purchaser in order to
harvest the timber to be sold. This investment includes building and
plant, materials and supplies, working capital and so forth. A decision
is made by the appraiser as to the rate of interest on this invested
capital to which the purchaser should be entitled. The interest
allowance is sufficiently large to provide not only pure interest on
invested capital, but also an additional interest allowance which is
considered to be the entrepreneur's profit potential for the risk he
assumes. The annual return on capital investment, at this rate of
interest, is then calculated. To this is added the estimated annual
cost of converting the standing timber into salable products. The
probable annual value of those products is also estimated. The
production cost, including interest allowance, is subtracted from the
estimated sales value and the remainder represents the appraised value
of the stumpage. All of these calculations are reduced to unit figures,
such as the stumpage price per thousand board-feet.
The investment method of stumpage appraisal was in general use in
former years when large undeveloped areas of timber land were being
opened up through the installation of new plant facilities. It still
finds some use today.
The more usual method of stumpage appraisal today, however, is that
known as the overturn method. In this method, an estimate is made of
the average cost per thousand board feet, or other unit of measure, of
producing saleable products from the standing timber. The average unit
sales value of those products is also estimated. The difference between
production cost and sales value is called the conversion and is divided
by any of several methods, between the purchaser for his profit-risk
allowance, and the timber owner for stumpage.
When the investment method and overturn method of stumpage appraisal
are compared, it becomes apparent that the profit-risk allowance in the
latter corresponds to the interest on capital investment in the former.
The interest allowance and the profit-risk allowance are each composed
essentially of two parts. First, there is the allowance for normal
interest on the capital invested. Secondly, there is an allowance for
the entrepreneur's profit.
The essential difference between interest allowance in the investment
method and the profit-risk allowance in the overturn method is that in
the former, an attempt is made to estimate the amount of invested
capital to be used in the venture. In the overturn method, no attempt
is made to estimate the amount of capital invested. Instead, the
profit-risk allowance is intended to be sufficient to compensate for all
capital investment required in the venture.
The overturn method of stumpage appraisal was used preceding both the
Taholah and Crane Creek sales, and consisted essentially of these four
steps:
1. The average cost of producing 1,000 board feet of saleable
product (in this case saw logs) from timber to be taken from the sale
area was estimated, this cost being exclusive of the stumpage price.
2. An allowance for profit-risk was made in the amount of 15 percent
of the production cost (item 1).
3. The sales value of 1,000 board feet of logs, of average quality
for the unit, was estimated.
4. The appraised stumpage value was determined to be the difference
between the sales value of the logs and the sum of production costs and
profit risk allowance.
Since the overturn method was used, it is clear that the original
appraisals preceding these sales did include an allowance for interest
on capital investment, and that the intention was to make a sufficient
allowance to cover all invested capital.
It is significant to note that in these original appraisals the
profit risk allowance was 15 percent of estimated cost of production.
This same percentage allowance was being used at the time in stumpage
appraisals for other sales, including sales of tribal timber where no
advance payments were required. But the fact that the same percentage
allowance was used should not lead to the conclusion that the Bureau
deliberately intended to eliminate interest on capital invested in
advance payments from the Taholah and Crane Creek appraisals. There
would be no justifiable reason for doing so under the overturn method of
stumpage appraisal that was used.
At the time of the original appraisal, appropriate provision for
capital investment in advance payments could have been accomplished
either through increasing the percentage allowance for profit risk or by
treating the interest on this unusual investment as an item of cost.
Failure to make this allowance was purely and simply an oversight,
occasioned by the use of the overturn method of stumpage appraisal. If
the investment method of appraisal had been used, with its requirement
of carefully estimating the capital investment, there is no question but
that the advance payment requirements would have been included in the
estimate of capital investment.
It is clear, therefore, that an insufficient allowance for interest
on capital investment appeared in the initial stumpage appraisals. When
the purchasers called attention to this situation in 550000, corrective
steps were taken. The correction could have been accomplished by
increasing the percentage allowance for profit risk. If this had been
done, all of the allowance for interest on invested capital would have
continued to appear in the profit risk allowance. The Bureau
recognized, however, that the advance payments represent an unusual type
of capital investment, that will decrease from year to year as the
advance payments are progressively liquidated through the cutting of
timber. In the circumstances, it was considered advisable to hold the
interest on advance payments as a separate identifiable item. For this
reason, interest on advance payments was treated as an item of cost,
rather than submerging it in the overall interest allowance for profit
risk.
Comparison of purchaser's and Bureau appraisals
It is very significant to note that the Bureau and the purchasers
were operating at arm's length when they made their appraisals of
stumpage values preceding each of these sales. We do not know what
calculations the purchasers made in their appraisals of stumpage values.
The two parties made their appraisals separately, without the benefit
of consultation or exchange of views. Although the Bureau and the
purchasers operated at arm's length in these initial appraisals, and
neither had knowledge of the details of appraisal by the other, there
was a meeting of minds to the extent that an initial stumpage price was
agreed upon.
In 550000, when an adjustment of the stumpage ratios was under
consideration, the Bureau and the purchasers were no longer operating at
arm's length. The contracts call for consultation preceding any
adjustment of ratios. The reason for consultation is to exchange views
on the information each party has available, in order to provide the
Secretary the fullest possible information upon which to base his
decision.
TIMBER SALES QUNAIELT INDIAN RESERVATION
The purchasers, in reviewing the Bureau analyses of production costs,
contended that those cost estimates were inadequate. They cited as an
example the Bureau's failure to make an allowance for interest on
advance payments. This showing by the purchasers was given due
consideration. It was agreed that in a calculation of the cost of
producing logs, under the terms of these contracts, the purchasers are
entitled to interest on their capital invested in advance payments, to
the same extent and for the same reason that they are entitled to
interest on all other invested capital. The allowance was accomplished
in the manner outlined above, by including interest on advance payments
as a cost of production.
There has apparently been some misunderstanding, not necessarily
within the General Accounting Office, that the interest allowance by the
Bureau in the 550000 stumpage adjustment was made on the assumption that
the purchasers had borrowed money specifically to provide the necessary
funds for the advance payments, and that the so-called interest
allowance in the stumpage adjustments was intended to offset the
purchasers' interest payments on borrowed capital. This is not the
case. It would make no difference whether the purchasers borrowed money
specifically for the advance payments, whether the money was obtained as
a part of borrowings for this and other purposes, or whether it
represented capital acquired through stock sales or other means. The
essential point is that the advance payments represent capital
investment which, by any recognized method of stumpage appraisal, is
entitled to an interest return.
Interest allowance is permissible under the contracts
The Comptroller General has suggested that the inclusion of interest
allowance does not appear to be within the purview of the contract
provisions for modification of the prices.
Section 10 of each contract requires, as a prerequisite to any
adjustment of ratios, a finding that I or more of 3 factors have altered
the situation sufficiently to warrant a change in ratios. We interpret
this to mean that, having made such a finding, the Secretary may take
into consideration all circumstances that affect stumpage values, and
may give appropriate weight to them in establishing new ratios.
However, if section 10 is construed more narrowly, to mean that
consideration can be given only to the three named factors, the manner
in which the interest allowance was handled places it under the
consideration of market, or marketing conditions. The review of
marketing conditions involved a study of production costs and log
values. The interest allowance was included in the calculation of
costs.
At the time of the 550000 study there was some reason to believe that
the quality of logs actually being harvested differed from the quality
originally estimated. Insufficient evidence was available at the time,
however, to warrant any correction of the sales value of logs to correct
for original errors in estimate of quality.
The stumpage appraisal made at the time of the 550000 adjustment of
stumpage ratios, therefore, was made on the basis of (1) an adjustment
for changes in cost of production, (2) a correction of costs to include
interest allowance, and (3) an adjustment for changing value of logs of
the originally estimated quality. The correction for interest allowance
favored the purchasers.
The stumpage ratios have again been changed, effective 570401. At
the time of this 570000 adjustment, sufficient information had been
accumulated to reveal that there is, in fact, some difference between
the originally estimated quality of the logs and the quality actually
being harvested. The average log of some species has been found to be
of better quality than originally estimated and this, of course, means
that the average log is of higher value than originally estimated. In
the circumstances, the appraisal made at the time of the 570000
adjustment study considered not only the changing sales value for logs
of a given quality. A futher adjustment in sales value of the logs was
made to compensate for the original error in estimating quality.
Insofar as stumpage appraisals are concerned, the 550000 adjustment
study and the 570000 adjustment study followed the same process. In the
550000 appraisal, a correction for interest allowance was made which
favored the purchaser. In the 570000 adjustment, a correction for log
quality was made which favored the Indians. If it is contended that the
550000 adjustment for interest was improper, then it should be contended
that the 570000 correction for log quality is also improper.
Minor role of interest allowance in ratio adjustments
In the 550000 adjustment study the stumpage rates that were derived
by direct appraisal procedure were judged to be reasonable, under the
terms of the contract, and no other mathematical tests were made a part
of the record covering these adjustments. The interest allowance,
therefore, gained prominence in this adjustment.
TIMBER SALES, QUINAIELT INDIAN RESERVATION
In 570000 the more usual procedure for stumpage adjustment studies
was followed. It included these three steps:
1. A direct stumpage appraisal, similar to that made in 550000.
Interest allowance appears in this appraisal.
2. A trend study which measured the dollar changes in industry
average production costs, and in industry average log values. Interest
allowance did not appear in this study.
3. The final determination of stumpage prices under the terms of the
contracts was based upon judgment, after a review of the two preceding
mathematical tests.
By this three-step procedure, Interest allowance becomes subordinated
and may be entirely lost. In fact, in the 570000 adjustments, the
stumpage rates that were established for some species are higher than
those derived mathematically from the direct stumpage appraisal.
CONCLUSION
The foregoing analysis reveals the following:
1. These contracts are not public contracts, and therefore are not
governed by all of the laws and regulations pertaining to public
contracts.
2. The original appraisals preceding these sales did include an
allowance for interest on capital investment. The intent was to have
this interest allowance sufficient to cover all capital invested. It
developed later that the original interest allowance was not sufficient
to cover the capital invested in advance payments. This oversight arose
because the overturn method of stumpage appraisal was used, which does
not require a direct estimate of capital investment.
3. The method in which this so-called interest allowance was handled
is permissible under the terms of the contracts. To refuse to give it
appropriate consideration would actually violate the meaning and intent
of the contracts.
4. If the right to consider this item of interest is denied, the
same reasoning should lead to a denial of the right to consider other
comparable actions, such as a correction of estimated log quality. The
end result of such a general denial could easily be to the distinct
disadvantage of the Indian stumpage owners.
5. There is a possibility that the interest allowance may lead to
suits brought by the Indians, as the Comptroller General has suggested.
There is the offsetting possibility that refusal to consider the
interest allowance may lead to suits brought by the purchasers. In the
circumstances the Secretary should be guided by the terms of the
contracts, and by what he determines to be administratively equitable to
all parties in interest.
It would be most unfortunate, from a pratical point of view, if the
contracts were to be construed so narrowly as to prevent making
corrections to recognize new evidence as it develops. These contracts
cover periods of approximately 30 years each. Practically all of the
data used in the stumpage appraisals are based upon estimates, rather
than upon certain knowledge. It is humanly impossible to recognize and
make appropriate provision for every item of cost and item of product
value in an initial appraisal, or in any subsequent adjustment study.
Subsequent events may prove former estimates to be wrong, and the
Secretary should have within his power the authority to make equitable
adjustments to prevent the carrying forward and continuation of such
errors.
Exhibit D-B-118601
COMPTROLLER GENERAL OF THE UNITED STATES
Washington, 570813.
The honorable the Secretary of The Interior
DEAR MR. SECRETARY: Reference is made to a letter of 000722, with
enclosures, from the Administrative Assistant Secretary in response to
our letter of 570405, with regard to the allowance for interest on
advance payments under two contracts for the sale of Indian timber on
the Quinault Indian Reservation.
Contract No. I-101-Ind-1766 with the Aloha Lumber Co. was approved on
500512, and contract No. I-101-Ind-1902 was approved on 520630, with
Rayonier, Inc. Both are long-term timber contracts entered into by the
Department on behalf of the Indian owners. Both contracts obligate the
purchasers to enter into separate contracts with Indians who hold
trust-patented allotments within the allotment unit and desire to sell
their timber under the terms of the overall contract. Both contracts
require the payment of advances to the Indian timber owners at the rate
of 25 percent of the estimated value of the timber within 30 days after
approval of the contract on each allotment, another
TIMBER SALES-QUINAIELT INDIAN RESERVATION 15 percent within 3 years,
and an additional 10 percent within 6 years. In each case, the advance
payment is to be based on stated prices for designated varieties of
timber. Stumpage rates under both contracts are computed by applying
predetermined ratios or percentages against designated published average
log prices. These ratios or percentages may be changed under the Aloha
contract upon a determination by the Secretary of the Interior, or his
representative, 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 existing ratios # # #
appears warranted." The equivalent provision in the Rayonier contract is
substantially similar except that those factors justifying a change are
stated as the "character of the operation, changes in market conditions,
or other factors."
The original appraisals made by the Bureau of Indian Affairs on the
tracts involved do not appear to have included interest on advance
payments as a cost allowable to the purchaser either under the profit
and risk allowance or as a separate item. Such costs were allowed,
however, in stumpage price adjustments effective 551001, and 570401. It
is noteworthy in this regard that although the interest allowance was
initiated well after the contracts were approved, the allowance was
based on the recovery of interest from the beginning of each contract.
Thus, interest was actually applied retroactively. To our knowledge,
such allowances have never been included in appraisals or reappraisals
in connection with other timber sales conducted by the Bureau of Indian
Affairs.
In our letter of 570405, we questioned the inclusion of interest on
advance payments in the reappraisals without some consideration therefor
going to the Indians since no provision for such interest was included
in the original contracts. We also stated that the contracts were "in
the nature of public contracts" citing in connection with such statement
our decision, A-35630, 310330, to one of your predecessors.
In a letter of 570712, with enclosures, the inclusion of interest on
advance payments in the reappraisals is defended on the bases set out
below. It is stated that, under article 10 of each of the contracts,
the ratios or percentages to be applied to the average log prices may be
changed only upon a finding by the proper authority that the kind of
condition stated in the article has occurred. We are in full agreement
with this concept. It is contended, however, that upon such finding the
ratios or percentages may be changed by any factor deemed reasonable by
the proper authority whether or not such factor is affected by the
condition warranting a reevaluation under the article. In other words,
where it is reasonably found that a change in the character of the
operation, etc., has occurred warranting a change in the existing
ratios, the ratio may be recomputed anew and affected by any factors
which might reasonably be included regardless of their relation to the
change justifying the reopening of the ratio. With this latter
contention, we cannot agree. These are long-term contracts running in
our case, for approximately 30 years, and in the other case, covering an
even longer period. It would be extremely difficult to anticipate
changes in operating or other conditions over such long periods of time
which might render the pricing formula originally written into the
contract unsatisfactory and unjust to one of the parties. It is
assumed, therefore, that article 10 was written into the contracts to
provide for the recomputing of the ratios to insure just treatment of
the parties upon the occurrence of one or more of such changes.
However, nothing appears in the language of the article to justify the
conclusion that, while the ratio may be changed only upon a finding that
a stipulated change has occurred, once such change has been found, any
consideration whether or not related to the change may be included in
recomputing the ratio. If a factor may be included in a recomputation,
logically, it should be related to the basis for reopening the matter in
the first instance. Therefore, we must conclude, in the absence of any
clear indication to the contrary, that the parties intended by article
10 to provide for a recomputation related only to the changes
stipulated.
It is contended, further, in an undated and unsigned memorandum
attached to the letter, that"# # # if section 10 is construed more
narrowly to mean that consideration can be given only to the three main
factors, the manner in which the interest allowance was handled places
it under the consideration of market, or marketing conditions. The
review of marketing conditions involved a study of production costs and
log values. The interest allowance was included in the calculation of
costs."
It is not apparent how, under any circumstances, it can be said that
the interest allowance represents a change under one of the designated
factors. Advance payments were clearly and specifically provided for in
both contracts. The language of the articles relating to the advance
payments was such as to permit
TIMBER SALES-QUINAIELT INDIAN RESERVATION specific calculation of the
amount of advance payments which would be required. While we have no
doubt that the advance payments represented a considerable investment of
capital from which the investor could expect a reasonable return, the
necessity and the amount of such payments were well known in advance and
it is difficult to see on what basis interest allowance can be included
as a legitimate factor in changing the ratios under article 10 when a
necessity for advance payments did not constitute any change in
conditions whether designated in article 10 or otherwise.
It is also stated that the contracts are not public contracts and
therefore are not governed by laws and regulations pertaining thereto.
In support of this position, there are cited United States v. Algoma
Lumber Company (305 U.S. 415); Farm Security Administration v. Herron
(165 F 2d 554); Waterman S.S. Corporation v. Land (151 F. 2d 292,
reversed 327 U.S. 540). In the Algoma case, the Supreme Court held that
the Court of Claims had no jurisdiction under title 28, United States
Code, section 250 (1) (now 28 U.S.C. 1491) to consider an action brought
against the United States on contracts similar in form to those here
involved on the grounds that such contracts were not with the United
States Government. While the Court indicated strongly that the
contracts were not public contracts, the specific holding in the case
was simply that the Court of Claims lacked jurisdiction. Similarly, the
Farm Security Administration case held that the district court lacked
jurisdiction under the Tucker Act to entertain a suit against the United
States involving somewhat analogous circumstances. We do not question
the statement of the Supreme Court that such contracts are not public
contracts in the sense that the Government is not a party. When we
stated that such contracts were in the nature of public contracts, it
was in connection with our decision, A-35630, supra, in which there was
considered the auditing jurisdiction of our Officer. The Waterman case
involved the right of an agency of the United States to renegotiate
under the Renegotiation Act (which applies only to contracts with the
United States) a contract for charter between a private company and a
foreign government. The lower court held, under the precedent
established in the Algoma case, that the contract was not a public
contract and therefore that the Renegotiation Act was not applicable.
The Supreme Court, in reversing, stated that, under the Renegotiation
Act, the Tax Court of Appeals had the authority to determine the
question of whether or not the act covered the contract. Therefore,
while it has been held that neither the Court of Claims nor the district
courts under the Tucker Act may entertain suits against the United
States under the kind of contract involved here, the Supreme Court has
held that an administrative court of the United States, where given
jurisdiction over a matter by Congress, may determine, at least
initially, whether a given contract is a contract with the United
States. As stated above, our statement that the contracts are public in
nature was made with reference to our auditing functions. In the light
of the Waterman case, we see no basis in the Algoma case by way of dicta
or otherwise to consider that the Court's opinion provided any basis for
questioning our audit authority in this situation.
It is stated that the omission of interest on advance payments from
the original contracts was an oversight. It is conceded, however, that
when the contracts were entered into, the Department and the purchasers
were dealing at arm's-length in their appraisals of stumpage values. On
page 6 of the unsigned memorandum, it is stated:
"+ + + The two parties made their appraisals separately, without the
benefit of consultation or exchanges of views. Although the Bureau and
the purchasers operated at arm's-length in these initial appraisals, and
neither had knowledge of the details of appraisal by the other, there
was a meeting of minds to the extent that an initial stumpage price was
agreed upon."
Thus, the method of determining stumpage rates used by one party was
not known to the other; but the rate itself was agreed upon. While it
may be, as suggested, that the failure to include a provision for
interest allowance was an oversight on the part of the Department, there
is no showing that it was also overlooked by the purchaser; nor can it
properly be assumed that the purchasers did overlook such factor in view
of the clear provisions for advance payments in the contracts and the
magnitude of the payments required.
The memorandum further points out that, if interest on advance
payments if previously omitted cannot be included in reappraisals under
our interpretation of article 10, then it should follow that other
considerations such as correction of estimated log quality also cannot
be included. This latter statement refers to the fact that log prices
under the contract are based on average quality and that the logs
actually being cut are apparently of higher quality than originally
estimated. We make no determination as to whether the correction for
higher quality
TIMBER SALES; QUINAIELT INDIAN RESERVATION may be made under article
10. The original estimate of quality was based on the best information
then available and apparently the parties to the contract expected that
this reasonably represented the actual quality of the logs. (In this
regard it should be noted that at least in the case of the Rayonier
contract in the 570000 reappraisal the Bureau of Indian Affairs revised
log grade yield estimates along the lines recommended at pp. 21-27 of
our audit report.) Where both parties to a contract justifiably suppose
that property is of a certain condition and the goods in fact are not in
such good condition, there is mutual mistake as to a material fact
justifying recission (5 Williston on Contracts (revised edition) sec.
630000). We see no reason in such instances, where the quality of the
property in question is better than contemplated by the parties; why
instead of rescinding the contract, the ratios may not be changed to
recognize a difference in quality.
In contrast, however, and, as we indicated above, the advance
payments were provided for by a definite formula not affected by
circumstances not known to the parties. Accordingly, the two changes
effected are not analogous and the validity of one in no way affects the
validity of the other.
We must conclude, in view of the foregoing, that the assessment
against the Indians of interest on advance payments not contemplated in
the original contract may not subsequently be included under the
authority of article 10 of the contracts. Please advise us of the steps
you intend taking in order to rectify the situation. A copy of this
letter is being sent to the chairman of the Senate Committee on Interior
and Insular Affairs.
Sincerely yours,
FRANK H. WEITZEL, Assistant Comptroller General of the United States.
MINORITY VIEWS OF SENATOR ARTHUR V. WATKINS
I find it necessary to disagree with certain portions of the report
submitted to the Committee on Interior and Insular Affairs by its
Subcommittee on Indian Affairs concerning timber sales, Quinaielt Indian
Reservation.
STUMPAGE PRICES ON THE QUINAIELT RESERVATION
A tremendous amount of technical material has been prepared by both
the subcommittee and the Bureau of Indian Affairs. I am not a forester
and am not qualified to interpret this material. My interest is a
sincere desire to be assured that the Indians are receiving a fair value
for their timber. In fact, the major problem which has faced the
subcommittee revolves around the question of whether or not the Indians
are receiving a fair value for their timber. The 31st Intermediate
Report of the House Committee on Government Operations, 84th Congress,
2d session, House Report No. 2960, dated 560727, on page 17, section
4(a) states:
The appraised price for Indian timber and the renegotiated prices
under existing contracts should closely approximate the prices currently
being received for comparable timber sold competitively. Prices for
Quinaielt Indian timber under existing contracts should be revised in
accordance with this recommendation. Major objectives in planning the
sales of Indian timber should be to obtain the maximum price, and adhere
to sustained-yield principles.
The Bureau of Indian Affairs has had ample opportunity to study this
recommendation and be guided by it. An adjustment of stumpage rates was
made and placed into effect on 570401. The Secretary of the Interior
obtained agreement from the timber purchasers for a delay until 570515,
to make any rate adjustments retroactive to 000401 because of pending
hearings (pp. 149-151, subcommittee hearings). I must asume that the
Secretary of the Interior was well aware of the recommendation regarding
the stumpage rates under the contracts. In the face of this
recommendation and the pending hearings, the Secretary of the Interior
did make a decision and acted upon it (pp. 337-341, 347-350, hearings).
Subsequently under findings and conclusions in section 3 of the
subcommittee report there appears the statement. "The Bureau has
undervalued the Indian timber."
The basis upon which the Secretary took action to adjust stumpage
rates is set forth in the record. The allegation of undervalue in the
subcommittee report infers a definite concept of the value of the timber
involved, but the voluminous record is almost devoid of information on
this point. A staff paper beginning on page 222 of the hearings
definitely states that the Indian timber does not reflect true market
value as called for by the contracts. An analysis follows on page 223
for cedar and hemlock on the Rayonier sale, which compares the Bureau of
Indian Affairs appraisal with one made by the committee staff in which
there is substituted certain average
TIMBER SALES-QUINAIELT INDIAN RESERVATION
Forest Service cost data and Forest Service log values. This staff
paper explains that this is done on the basis that;
The best criteria of whether the Bureau of Indian Affairs rates
approach true market value is found by a comparison of their appraisals
with the results when Forest Service data is used.
For cedar the following information is extracted from the table on
page 223 of the hearings:
Table not keyed, see original.
The subcommittee staff essentially states in the record that the fair
market value of the cedar under this particular contract is $32.15 or
$10.90 more than valued by the Bureau of Indian Affairs.
In connection with these appraised values there appears on page 432
of the hearings the following testimony by the Bureau of Indian Affairs:
We find that the current cedar log values used by the Forest Service,
weighted according to the estimated quality of the timber, would be $56
for the Taholah unit and $58 for the Crane Creek unit. This compares to
the $65 and $67, respectively, which was submitted by the committee
staff during the hearings. A difference of $9 in value is involved.
On this basis, using the same computation as used by the committee
staff, which includes Forest Service direct logging cost, profit and
risk allowance, and Bureau of Indian Affairs transportation, road
construction, and interest, there is obtained indicated stumpage values
of about $22.80 on the Taholah unit and $23.70 for cedar on the Crane
Creek unit instead of $31.25 and $32.40, respectively.
The use of Bureau of Indian Affairs data in appraising Forest Service
sales has no more application than using Forest Service data for
appraising reservation sales. Conditions under which the timber is sold
are entirely different. It requires familiarity with the conditions
under both circumstances before any attempt at comparability can be
made.
The Bureau of Indian Affairs points out that the current cedar log
values would be $58 instead of $67 as used by the staff. By following
the staff procedure it results in a stumpage value of $23.70 instead of
$32.15. This is a difference of $8.45 or about 26 percent in two
computations which should be approximately the same. There does not
appear in the record any further comment by the staff concerning the
accuracy of either computation. Since this appears to be the only
instance where the staff has given an indication of what it considers
true market value and the Bureau of Indian Affairs has obtained an
entirely different value under the same circumstances, it is doubtful
that the staff allegation of "underpriced timber" has been adequately
supported.
The Bureau, by its tables II and III on pages 433 and 434 of
hearings, shows volumes, timber by species, and the bids received on a
large number of relatively small offerings of land and timber which show
the effect on value as related to the amount of cedar on the land.
These offerings ranged in volume from about one-half million to about 5
million board-feet and were small enough to invite aggressive
competition. Of 66 offerings, 13 were sold at or above the appraised
rates. The highest average price of $33.06 was on an allotment
containing 52 percent of spruce and only 6 percent of cedar. The lowest
acceptable bid averaged $12.12 for a stand containing 25 percent of
cedar, 43 percent of hemlock, and 28 percent of white fir. Bids on 3
stands of timber containing 70 percent or more of cedar were below $7
per thousand feet. One bid was as low as $2 per thousand feet. No
interest was shown on 43 offerings by any prospective bidders. These 43
tracts were composed of 50 percent or more of cedar. All of these sales
and offerings included the value of the land. The purchasers could
handle the logging of these lands without restraint except as required
by the State of Washington. The various requirements imposed by the
Forest Service on its timber sales or the Bureau of Indian Affairs on
Indian timber sales were factors the purchasers did not need to
consider. The staff gives no recognition of the experience with these
sales but bases its allegation of underpricing on Forest Service sales.
The experience with the 66 offerings is a strong indication that
conditions are not the same as for the adjoining national forest.
It is evident from these offerings that the overall value per
thousand feet decreases as the percentage of cedar increases. On pages
428-429 of the hearings is a discussion of the effect of topography on
species composition and quality. The testimony indicates that there are
significant differences in the general elevation of the Quinaielt
Reservation and the adjoining national forest land. It is also revealed
that there is a great difference in the species composition. Table VIII
on page 444 of the hearings reproduced below shows in percentage the
volumes of timber cut from representative areas from the two ownerships.
Douglas-fir on the national forest land is shown to be slightly more
than 18 percent while on the reservation it is about 1 percent. The
cedar on the national forest land is shown to be less than 10 percent
while on the reservation it ranges from 48 to 62 percent.
Table VIII-Percent of volumes cut, by species, 1950-58
Table not keyed, see original
Sizable variations are also revealed for hemlock and white fir.
These observations and credence to the Bureau's argument that there
actually is a considerable difference in the species of timber on the
national forest and the reservation.
On page 428 of the same hearings the Bureau of Indian Affairs
indicates that the species composition affects the value of the
stumpage. The evidence supplied in tables II and III which are
mentioned above shows that this is the case.
TIMBER SALES-QUINAIELT INDIAN RESERVATION
On pages, 438, 439, 442, 443, and 445 of the hearings, there appear
graphs showing the average return per thousand board-feet for all
species over a period of 7 years. The graphs on pages 438 and 439 show
a startling difference in returns when the Douglas-fir is excluded The
difference of 18 percent Douglas-fir on the national forest land and the
1 percent on the reservation were pointed out above. The graph on page
442 shows the average return for western redeedar on the lands under
discussion. A discussion of why the cedar return is lower on the
reservation than on the national forest land appears on page 437 of the
same hearings. The returns for the other species shown on pages 443 and
445 show considerable similarity. The returns received from the
reservation have not fluctuated as widely as those received from the
national forest lands, indicating greater stability of returns.
This evidence indicates merit in the position taken by the Bureau of
Indian Affairs on prices commensurate with comparable timber. The staff
analysis does not comment on topography, species composition, or their
effect upon stupage value. There is no evidence submitted on these
matters upon which judgment may be passed except that supplied by the
Bureau.
The subcommittee report spends considerable time criticizing the
details of the Indian Bureau's cost estimates; however, on pages 253
and 265 of the hearings there are shown overall production costs of
$33.75 per thousand for the Crane Creek unit and $33.60 for the Taholah
unit, Quinaielt Reservation. Recent appraisals on adjoining national
forest lands on page 453 show an overall production cost of $36.80 on
Salmon Creek No. 3 sale, and on page 453 a cost of $39 on the West Fork
Humptulips No. 8 sale. Since these sales are within the same general
areas and no doubt have similar problems, the various comparative total
costs appear to be within an acceptable range, and the subcommittee's
criticism loses its significance.
STUMPAGE PRICES ON OTHER RESERVATIONS
The testimony on pages 460-480 of the hearings tabulates the
comparative returns for stumpage on other Indian reservations in the
Northwest with the neighboring national forest lands. Although this
information has no direct bearing on the Quinaielt problems it is of
significance in any allegation of incompetence on the part of the Bureau
of Indian Affairs in forestry matters. It is of particular importance
since the subcommittee report (p.6) implies that its recommendations
pertaining to the Quinaielt Reservation, if successful, should be
applied to other reservations in the Northwest. The hearing record does
not show that an investigation was made as to the applicability of the
recommendations to other reservations, nor does it show that the Bureau
of Indian Affairs has testified or submitted its views concerning them.
The comparative returns discussed in the testimony are strictly on a
value received basis and do not analyze any of the differences which
might exist in the area compared. On page 460 of the hearings there is
the statement that collections under the Knutson-Vandenberg Act and
slash disposal assessments are not included. The Forest Service
frequently takes the responsibility for slash disposal on its timber
sales. Although this cost is collected from the purchaser, an allowance
is made in logging costs, and therefore does not enhance the stumpage
return. All slash disposal collections made by the Forest Service must
be deducted from the returns to obtain comparability with Bureau of
Indian Affairs returns. Knutson-Vandenberg assessments must be included
with Forest Service returns in order to show comparability since they
are deducted from the appraised stumpage rates. On page 507 of the
hearings there is the statement by the Bureau that addition of the
Knutson-Vandenberg assessments to the value of Forest Service stumpage
would enhance the returns, as shown on the graphs, from $0.50 to $1.
The inclusion of this amount with Forest Service returns would not
appreciably affect the comparison of returns. There is a particularly
wide spread in average returns of the Yakima Reservation and the cast
side of the Snoqualmie National Forest as shown in the graphs on pages
462-463 of the hearings. On page 464 is a discussion of reasons why
these difference may occur. Species composition apparently has a
significant effect on the returns. This point is discussed in detail as
it concerns the Quinaielt Reservation in the Bureau of Indian Affairs
testimony which was previously referred to. If species composition
exerts a significant influence on stumpage returns for the Yakima
Reservation as compared to the Snoqulmie National Forest, it appears
logical that the same factors would be significant on the Quinaielt
Reservation as compared to adjoining portions of the Olympic National
Forest. The subcommittee report apparently does not analyze these
factors.
The graph on pages 466-467 of the hearings showing comparative
returns for the Klamath Reservation and the Fremont National Forest are
similar to those shown for the Yakima and the Snoqualmie National
Forest. On pages 525-526 of the hearings there appears the following
testimony:
Senator NEUBERGER Mr. Wershing, let me ask a question that I am not
familiar with, but maybe you can enlighten me. Where the Bureau of
Indian Affairs makes sales where there are not allottees involved, but
just Indian stumpage which is harvested as a unit, how do your prices
compare with Forest Service prices?
Mr. WERSHING I think you will find when you get away from Quinaielt
and into ponderosa pine areas our prices compare very favorably and in
many instances are better.
Senator NEUBERGER. Has the staff confirmed that? Mr. WOLF. I would
not want to comment. I would want to study the situation. I will say
this Mr. Chariman: Down on the Klamath Reservation they are receiving a
good price for their timber. They have competition for it. On the
adjacent Fremont National Forest, the prices are not nearly so good.
The timber is sold without competition. I think right there you have
part of the answer.
Senator NEUBERGER, I want to be fair to the Bureau of Indian Affairs
in this matter, and I realize they have a difficult problem. I realize
also th that we have a responsibility to these Indians. I feel a much
greater sense of responsibility to the Indians than I do to the timber
operators buying, because I feel that all that they should be able to do
is to compete successfully with their competitors and not get Indian
timber at any windfall bargain prices. I really feel that way.
There is no further comment in the record by the committee staff
concerning prices received for stumpage on other reservations. The
comment is made in the above testimony by the staff that on the Klamath
good prices are being received for the timber and that on the Fremont
National Forest the prices are not nearly so good. If it is agreed that
the prices received on the Klamath Reservation are good this same
conclusion would appear to be valid for the Yakima Reservation. Without
going into detail on the comparisons of stumpage
TIMBER SALES QUINAIELT INDIAN RESERVATION age prices received for the
Warm Springs Reservation and the Mount Hood and Deschutes National
Forests, the Colville and Spokane Reservations and the Okanogan and
Colville National Forest, the Umatilla Reservation and the Umatilla
National Forest, the statement in the record shows a favorable
relationship of stumpage returns. This testimony does not indicate the
degree of incompetence on the part of the Bureau implied in the
background study.
The record does not reveal any comment, except that quoted above, by
the subcommittee staff on the contention made by the Bureau of Indian
Affairs that the returns they receive from timber sales compare
favorably with those received by the Forest Service. It must be assumed
that the contention is reasonably correct since no objections have been
raised. The fact that similar information for the Quinaielt
Reservation, together with such factors as topography, species
composition, and their effect on price, apparently were not analyzed by
the committee staff, would lead to the conclusion that the statements
presented by the Bureau of Indian Affairs are factual. The background
study is incomplete and biased in that it neither affirms or denies
these statements. Since all of these matters are closely related it is
exceedingly difficult to arrive at a sound conclusion from which
recommendations can be made for corrective action or legislation.
TRUST RESPONSIBILITIES
The Bureau of Indian Affairs, through the Secretary of the Interior,
has a trust responsibility as it concerns restricted Indians. This
responsibility has been established through treaties and acts of
Congress. Many of the trust responsibilities of the Secretary of the
Interior can be relinquished by him only through legislation.
In connection with forest property the Bureau functions as a trustee
who manages what may be considered as privately owned property. The
Bureau's circumstances are such that, even if the property owner
desires, there are certain phases of the trust responsibility that
cannot be relinquished without the consent of Congress.
The Bureau of Indian Affairs' testimony on this subject appears on
pages 356-357 in the hearings as follows:
In testimony presented at your hearings of 000412, it was claimed
that the Indiana by themselves, could do a better job of marketing their
timber through formation of cooperative, to be managed by the Indians
without Federal supervision.
There are, of course, legal impediments to this proposal. As long as
an allotment remains in trust status, consent of the Secretary of the
Interior is required to any timber sales from the land. In order to
discharge his trust responsibilities properly, the Secretary of the
Interior must exercise some control over the manner in which the harvest
is conducted. He cannot transfer this control to the Indians until he
relieved of his trust responsibility. This fact was made abundantly
clear in a Court of Claims suit brought by the Menomince Indians. It
would not be possible, of course, for the Secretary to turn over to the
Indians present authority and responsibility in connection with the
timber-sale contracts that are now in force.
We shall be very glad to discuss with the Quinaielt Indians their
views and desires relative to termination of Federal trusteeship over
their affairs. This would be in harmony with departmental policy and
the wishes of Congress as expressed in House Concurrent Resolution 108,
83d Congress.
The legal restraints to relinquishment of trust responsibilities for
the sale of Indian timber are contained in the act of 100625 (36 Stat
855-857). The Bureau's testimony appearing on page 356 of the hearings
is as follows:
Authority for the sale of timber from the Quinaielt Indian
Reservation is found. in the act of 100625 (25 U. S. C. 406-407).
Section 7 provides that the timber from unallotted (that is, tribal)
lands may be sold under regulations to be prescribed by the Secretary of
the Interior. Section 8, covering the sale of allotted timber,
provides:
"The timber on any Indian allotment held under a trust or other
patent containing restrictions on alienations may be sold by the
allottee, with the consent of the Secretary of the Interior, and the
proceeds thereof shall be paid to the allottee or disposed of for his
benefit under regulations to be prescribed by the Secretary of the
Interior."
The circuit court of appeals has held that this section pertaining to
the sale of trust allotted timber is applicable to the Quinaielt Indian
Reservation (118 Fed. 2d. 421).
The Secretary's regulations covering forest management and the sale
of Indian timber appear as title 25, Code of Federal Regulations, part
61.
Powers of attorney were obtained by the Bureau from all Indian
allottees whose timber is under contract. The power of attorney
authorizes the superintendent; to perform every act necessary and
requisite to the consummation of such sale with the same validity as if
(I or we) were personally present. Provided that no such contract shall
be made hereunder at stumpage rates per thousand feet board measure of
less than # # #.
At no point does the power of attorney require consultation for the
superintendent to act in behalf of the allottee.
Consultation is desirable since the allottee is entitled to
information concerning his property but this does not relieve the Bureau
of its trust responsibility. As such any consultation can only be
informative unless the views of the allottee happen to correspond with
those of the Bureau.
The subcommittee report (pp. 7,8,10, and 11) stresses consultation
with the Indians concerning timber-sale contracts. It charges the
Bureau with the responsibility of forming organizations of Indians with
whom to consult. There has been presented no evidence that the majority
of the Indians desire to have such consultation privileges. Before the
demand is made on the Bureau to form such organizations it appears
appropriate to ascertain if the Indians would be willing to organize,
finance the organization, and give their consent to board officers to
act for them.
On page 6 of the subcommittee report appears the following:
What the committee seeks is to further establish an atmosphere that
is most conducive to achieving the results desired by the Congress. It
suggests, the application of this proposal first to this reservation,
which accounts for one-fifth of the timber sold by the Bureau in the
Portland area, so that the benefit of the experience, if successful, can
be useful in other instances.
The above statement does not make it clear in requesting the Bureau
to submit a draft of any legislation needed to implement the
recommendations as to whether it should be confined to the Quinaielt
Reservation or cover all timbered reservations. The statement as a part
of findings and conclusions (beginning p. 5) and directly related to
recommendations (beginning p. 9) requests the Bureau to put into to
recommendations (beginning p. 9) requests the Bureau to put into effect
and prepare a draft of legislation on the foundation of a finding which
is specifically set forth as an experiment. The hearings and
subcommittee report do not contain any evidence of this proposal having
been investigated for application to other reservations.
The subcommittee apparently has given no thought to the proposition
that by undertaking a program on the Quinaielt identified as an
experiment the United States Government in effect admits liability for
damages in the event the experiment proves unsuccessful.
TIMBER SALES QUINAIELT INDIAN RESERVATION
One of the findings and conclusions (p.5) is that the service
function of forestry should be separated from the trust function. It is
recommended that the Secretary of the Interior enter into a management
agreement with the Secretary of Agriculture placing the responsibility
for carrying out prescribed forestry functions on the Quinaielt
Reservation by the Forest Service. It presumes that if this experiment
is successful the program can be applied to other reservations.
The record does not reveal any material on the effect of a separation
of the service and trust functions on Indian lands either upon the
Indians or the trust responsibility of the Bureau. The committee, on
the basis of its own researches, has apparently concluded that such a
step is desirable and appropriate. There appears no definitive
testimony on this subject by either Bureau of Indian Affairs or other
witnesses. The relationship of service and trust functions encompass
many other activities of the Bureau of Indian Affairs in addition to
forestry. A fair and satisfactory conclusion cannot be reached with
these defects in the record.
There have been several attempts in the past to transfer the
administration of Indian forests to other agencies. None of the bills
were ever passed by Congress. The Hoover Commission in its published
reports was aware that the trust and service functions would be
separated if the forestry activities were transferred to another bureau
and was in complete agreement that the management of the Indian forests
should remain within the Indian Bureau regardless of the Department in
which it was located.
The seperation of the forestry and trust functions on Indian
reservations could provide additional confusion to the Indians when
related to other activities. An example of one phase of the
difficulties involving Indians will be described. The Forest Service
might administer timber lands and the Bureau of Indian Affairs the
grazing lands. Indians graze cattle on both of the areas. The Indians
would be required to deal with both agencies in order to graze cattle on
their own reservation.
Case No. 44303 in the Court of Claims of the United States, decided
440207, of the Menominee Tribe of Indians v. The United States reveals
some important factors which must be considered in any contemplation of
the trust function. The following appears in the special findings of
fact:
The Government, for its defense, denies that it was negligent in its
dealings with the plaintiff's property; places upon the plaintiff
itself the blame for losses incurred in connection with the letting and
performance of the contracts for the logging of the blown-down timber,
since the contracts were let by the business committee of the tribe, as
permitted by an act of Congress and the consent of the Secretary of the
Interior ###.
Although the business committee was authorized to execute contracts
by an act of Congress the decision continues-
The fact that the Government delegated a part of the management to
the business committee of the tribe does not exonerate the Government
from its responsibility. The act of 060000 provided "That the Secretary
of the Interior be, and he is hereby, authorized to permit the Business
Committee of the Menominee Tribe of Indians in Wisconsin to cause to be
cut into logs and hauled to suitable places for sawing and cause to be
scaled, under such rules and regulations as he may prescribe, the dead
and down timber ###."
This statute did not amount to an emancipation, pro tanto, of the
plaintiff tribe. The Secretary of the Interior published regulations
concerning the contracts, and required each contract to be submitted for
approval. If the contracts were prejudicial to the plaintiff's
interests he should not have permitted them to be made.
This is confirmation by the courts of the point of view previously
expressed.
PROBLEMS IN CONNECTION WITH PROPOSED SEPARATION OF RESPONSIBILITIES
The subcommittee, on pages 9 and 10, makes recommendations to the
Bureau of Indian Affairs which are essentially as follows:
1. The Secretary of the Interior should enter into a management
agreement with the Secretary of Agriculture placing responsibility for
forestry functions with the Forest Service.
2. The Secretary of the Interior should delegate to the Commissioner
of Indian Affairs or the area director the responsibility for initiating
rate redeterminations.
3. It should be the responsibility of the Forest Service to
establish prices reflecting the true market value of the timber.
4. The Secretary of the Interior should delegate to the Commissioner
of Indian Affairs the responsibility for approving rate changes in
existing contracts.
The hearings do not show any appreciable discussion on the proposed
transfer and delegation of the various responsibilities. The Secretary
of the Interior has not submitted any testimony as to the effects of the
separation of service and trust functions. There does not appear in the
record any testimony concerning the reaction of the Secretary of
Agriculture to such a proposal. The parties affected have given no
testimony on the proposal to divide certain functions between two
departments.
The recommendations would give responsibility to the Commissioner to
initiate rate redeterminations. In order to decide whether or not to
initiate rate redetermination and to assess the market situation the
Commissioner would be required to conduct some type of stumpage
readjustment study. If he determines that the stumpage rates should be
changed, he must request the Forest Service to determine the market
value of the stumpage. The Commissioner of Indian Affairs is charged
with the responsibility for putting the rates into effect as determined
by the Forest Service. The Commissioner, as a representative of the
Secretary of the Interior and not the Forest Service, is obligated to
fulfill the trust responsibilities. He apparently will be required to
place stumpage rates into effect as determined by the Forest Service. A
difference of opinion over stumpage value would immediately reflect upon
the Bureau or the Service. If the Commissioner has the authority, under
the proposed recommendations, to place stumpage rates into effect with
which he disagrees, or places rates into effect with which the Forest
Service disagrees, he would immediately create an untenable position for
the United States. In either event the purchasers or the Indians could
show cause for damage. If the Commissioner does not have authority to
disagree with the rates established by the Forest Service he has lost
control over the fulfillment of the trust responsibility and has placed
it with a bureau that has no responsibility for considering this
function. It is not clear how the proposed procedure would be an
improvement. It appears, on the other hand, to further complicate an
already complicated problem.
TIMBER SALES--QUINAIELT INDIAN RESERVATION
Without considerable additional study there has been presented no
practical alternative which appears to be a satisfactory solution to the
problem of separation of trust and service functions. I must therefore
conclude that the trust and service relationship should not be severed
regardless of the department or bureau in which they may be located
without full and complete hearings on the subject.
The subcommittee recommendations would tend to prolong the trust
relationship in its proposal to transfer this real property management
function to another bureau. There are already many divergent and vexing
problems to be surmounted in the withdrawal of Federal supervision, as
the committee is aware of, particularly as they are concerned with the
Klamath and Menominee terminal legislation. The introduction of more
bureaus who have authority to act can only further compound the
problems. The subcommittee concludes in a statement in its report (p.
2)
The Quinaielts and other Indians having allotments on the reservation
generally are considered competent to manage their own affairs.
From this conclusion it appears that the proper steps to be taken,
with reference to Quinaielt Reservation affairs, should be legislation
pointing toward withdrawal of Federal supervision and not legislation
which will perpetuate them.
The subcommittee recommends an appeals procedure concerning the
initiation of rate redeterminations. The contracts now provide that the
Secretary of the Interior may initiate rate redeterminations under
certain conditions. The introduction of an appeals procedure in order
to initiate a rate change study constitutes an added complication. This
procedure, together with the consultation procedure, could provide the
parties to the contract with a device to create extensive delay of any
positive action on the part of the authorized officer. The approving
officer could be placed in the untenable position of taking subsequent
action which is contrary to conditions existing at the time a rate
determination was initiated.
An example of a possible situation will be described. It has been
decided by the Commissioner that a rate redetermination is necessary.
He informs the parties to the contract. One of the parties protests to
the Commissioner. The Commissioner overrules the protest. The party
protests to the Secretary of the Interior or a board of appeals. A
hearing is held and the complaining party is overruled. An estimate of
the time required for this procedure is from 3 to 6 months. This period
of time has now clapsed in which either one party or the other to the
contract will have some claim for damages either for delay or a change
in market conditions.
The timber-sale contracts on the Quinaielt Reservation do not contain
provisions for consultation or appeal concerning whether or not to
initiate rate redeterminations. While informal consultations concerning
problems in the administration of these contracts are necessary and may
be held at any time, the requirement of appeal from a decision to
redetermine rates would necessitate a modification of contract since
such interpretation was not intended or implied. This would require
consent of the purchasers. Neither did the contracts intend or imply
that the timber-sale administration, as well as a determination of
rates, would be handled by another bureau. These steps are of such
magnitude as to raise doubts of whether or not they can be accomplished
without modification of the contracts and the express consent of all
parties to the contract.
CONSULTATION ON TIMBER CONTRACTS
The findings and conclusions on page 5 through 8 which precede the
recommendations of the subcommittee contain several references to the
fact that the Bureau of Indian Affairs has failed to consult with
individual Indians concerning the management of their forest resources.
It should be pointed out that there is no information in the record
to indicate views of representative groups of Indians. Testimony taken
by the subcommittee in the recent hearings included the written or
verbal opinions of a very small number of the 1,876 allottees on the
Quinaielt Reservation.
In considering the failure of the Bureau to consult with allottees in
connection with actions taken under their timber contracts, the
subcommittee report in part ignores the fact that the Secretary of the
Interior is charged by congressional acts with the responsibility of
approving the sale of allotted Indian timber (act of 100625, 36 Stat.
857).
On the Quinaielt Reservation contracts for allotted timber were
entered into by the superintendent for the allottees under authority of
powers of attorney. The Bureau's explanation of the reasons for this
procedure are shown on page 385 of the hearings. The powers of
attorney, examples of which are shown on pages 39, 42, 46, 50 and 54 of
the hearings, authorize the superintendent, to perform every act
necessary and requisite to the consummation of such sale with the same
validity as if I were personally present.
The Bureau of Indian Affairs testified, pages 357-358, of the
hearings, that on 520806, there were 470 allotments involved in the
Crane Creek timber sale. Benefits would go to 541 persons. Testimony
on page 359 of the hearings, reveals that 400 allotments are involved in
the Taholah sale. If the proportions of persons are the same as on the
Crane Creek sale there would be about 460 persons benefiting from the
income. This involves approximately 1,000 people in the 2 sales. The
Bureau testifies, page 385, hearing report, that these persons are
scattered throughout the United States, Alaska, and Canada. The Bureau
also testifies that the United States circuit court of appeals finds, It
is obviously impossible for the Secretary to confer with each allottee
### He must of necessity promulgate general rules. On page 387, of the
hearings, the Bureau states:
It is entirely out of reason to attempt consultation with each of the
many hundreds of individuals who have interests ### every time an action
is to be taken. It is very doubtful whether such individual
consultations would be productive of worthwhile results.
Consultation is not a requirement under any existing contracts.
Although consultation is not required the Indians certainly should be
kept informed without question. This is a simple request which does not
require any legislation and the method of fulfillment should be left to
the Bureau. For what particular purpose would the consultation be
arranged when the Secretary of the Interior must ultimately
TIMBER SALES -- QUINAIELT INDIAN RESERVATION ultimately decide the
course of action? The results of an opinion poll among some hundreds of
persons as to what the price of timber should be would serve very little
purpose. Judging from the criticism of the Bureau of Indian Affairs
methods of analyzing stumpage values, the allottee, uniformed on timber
matters would have very little chance of contributing to the final
determination of rates.
Under item 6, on pages 7 and 8 of the subcommittee report, the
subcommittee has found that there is no provision in the current timber
contracts for a consultation with the Indians before timber prices are
changed and that the Indian allottees not only are unrepresented but
have to rely on individual inquiries to find out what the Bureau
proposes to do. The report further states:
On many occasions the Indian allottees have protested to
congressional committees and to their own representatives in Congress
when they learn of propose changes, but so far as this subcommittee is
able to determine, the Bureau of Indian Affairs has made little, if any,
effort to consult with the affected Indians or even to notify them of
impending changes.
The subcommittee has adopted and included in its recommendation No. 7
the suggestion of one Indian witness who proposed that business
committees be established among the allottees in each management unit on
the Quinaielt Reservation. The Bureau, in discussion of the suggestion
as shown on page 387 of the hearings, said:
There is nothing in our present policies to preclude such procedure
and we shall be very glad to work with interested groups in developing
such a plan. # # # If any group of allottees, with interests in the
Taholah and Crane Creek units, wishes to designate representatives to
speak for it, we shall be happy to consult with such representatives at
any time on matters affecting these contracts.
The Bureau thus testified before the subcommittee that it would be
glad to help in developing a plan and to consult with the allottee
representatives on contract matters.
In commenting on the Bureau response, the subcommittee has neglected
to quote the Bureau's offer of assistance in organization and makes this
comment on page 61 of the background study with reference to the
Bureau's offer to consult with the representatives:
This passive endorsement of the concept of an effective business
organization is symptomatic of a Bureau attitude which has existed too
long.
As presented in this background study, it appears that the Bureau has
given only a passive endorsement. On the contrary the organization of
groups to represent allottees on contract matters is clearly a
democratic process that rests primarily with the individuals concerned
The Bureau has a responsibility to encourage the election of such
representatives but there are objections to any pressure exerted to
cause such action.
The testimony in the record sheds no light on the practicability of
allottee organizations. The Bureau has no authority to act with
reference to a particular allotment on the advice of another allottee.
Any action, as it concerns an allotment, taken by the Bureau for which
it does not have authority to act, can be only with the consent of the
allottee. The Bureau cannot, as suggested by the subcommittee, replace
owner-management for Federal supervision and still fulfill its trust
responsibility without enabling legislation. Such replacement involves
considerably more functions than strictly timber management. Although
the committee concludes the allottees on the Quinaielt Reservation are
generally competent there has been
TIMBER SALE -- QUINAIELT INDIAN RESERVATION very little indication of
interest in the withdrawal of Federal supervision and responsibilities.
The committee has made no recommendation for the withdrawal of Federal
supervision and responsibility. It must therefore be concluded that
interested Indians with which it has had contact did not express any
desires for withdrawal. As long as the Congress requires the Secretary
of the Interior to be responsible for the trust obligations to the
Indians, he should not be impeded in his exercise of this authority.
The professed competency of these Indians indicates strongly an outlook
toward termination rather than the assumption of additional obligations
on the part of the United States.
The committee recommendations do not include consultation with the
Indians as an instrument in assisting in the determination of market
value stumpage rates. In fact the proposed procedure suggests the
possibility that the consultation provision might be waived.
The authority to act on timber contracts was given to the Bureau by
the allottees through powers of attorney. Whether or not that
procedure, with its board authority, should be continued in its present
form is a question not involved in the existing contracts. The
allottees should certainly be kept informed of events but there is no
legal requirement that they be consulted.
The suggested committee recommendations do not appear to provide for
meaningful consultation with allottees. It would seem that meaningful
consultation implies a decision on the part of the persons being
consulted. Since the Forest Service would be required to set the market
value of the stumpage and the Commissioner would be required to put it
into effect, any difference of opinion on the part of the allottee, as
to the value of the timber, would be something other than market value.
The consultations therefore could be only for the dissemination of
information. If it is this type of consultation which the subcommittee
intends then it has both the concurrence of the Bureau of Indian Affairs
and myself. If on the other hand by consultation the subcommittee
intends that the decision must be responsive to the views of those
consulted then it has neither the Bureau's concurrence nor my own. If
the allottee being consulted is competent to make a decision on such
matters then there is no longer a need or justification for Uncle Sam
acting in his behalf.
FEE PATENTS
Recommendation No. 8, page 11 of the subcommittee report concerns the
steps the Bureau of Indian Affairs should take to fully inform and
advise each Indian who applies for a patent on his allotment.
The background study deals briefly with this problem under the
heading of "A business organization is needed," on pages 61 and 62.
A discussion by the Bureau of Indian Affairs of the fee patent policy
and procedure appears on pages 360 to 362 in the hearings. It is
evident that several of the subcommittee's recommendations are already
in effect. The Bureau testimony appearing on page 362 of the hearings
record is as follows:
Furthermore, the Bureau takes every reasonable precaution to prevent
unwise disposition of patented allotments. Before the patent is ever
issued, the Bureau makes a thorough and conscientious examination of the
applicant's background to determine whether he has actually shown
competence in managing his own personal business affairs. If there is
any real doubt about his competency, the
TIMBER SALE; QUINAIELT INDIAN RESERVATION patent is withheld. This
is sharp contrast to the practice of 35 or more years ago when patents
were undoubtedly issued too freely and without adequate determination of
individual capabilities.
In addition, before the patent is issued, the Bureau also makes a
full inquiry about the applicant's reasons for seeking a patent and what
he plans to do with the land after receiving it. If he plans to sell
the land or lease it, the Bureau will counsel with him in any way that
seems necessary to protect his best interests.
As a final step, the Bureau also provides the Indian with an
up-to-date appraisal of his land which he receives together with the fee
patent. While the primary purpose of this appraisal is a final
discharge of the Bureau's trust responsibilities, it also provides the
Indian with an effective safeguard and measuring stick whether he plans
to sell the land or lease it or manage it himself.
As for the effect which the fee patenting may have on other Indian
lands, the Bureau's policy and position are quite clear. While the
Bureau recognizes the competent Indian's undeniable right to ask for and
receive a fee patent, it also keeps in mind its continuing trust
responsibilities to the tribal group and to other Indian landowners
whose holdings may be affected. Consequently, if there is any real
possibility that the disposal of a particular allotment might adversely
affect other Indian lands in trust, the Bureau will take the initiative
in consulting with the Indians concerned and will give them every
possible assistance in working out a satisfactory solution to the
problem. In some cases this will involve purchase of the patented
allotment by the tribal group; in other cases it will involve other
various types of arrangements. The Bureau believes that all such
problems can be fairly and equitably resolved in one way or another.
On page 361 the following appears:
In the administration of this liberalized policy you may approve
applications for patent fee on allotments without making prior
arrangements for access to other lands remaining in trust status. You
may also give favorable consideration to requests by competent Indians
for patents in fee to allotment which are under lease, timber contract,
grazing permit, or other form of use. In such cases, however, the
applicant must be informed that the land is subject to the prior valid
use agreement and the contractor or leaseholder must be informed of the
transaction prior to any change in land status.
Apparently the subcommittee did not take this testimony into account
in arriving at the recommendations concerning issuance of
patents-in-fee.
It is questionable how far the Bureau can or should go in advising an
applicant of the "probable liabilities and duties that would be imposed
upon him as a fee simple owner." These liabilities and duties will vary
with the action the allottee may take after his patent is issued.
Similarly, the preparation of a timber-management plan for each
allotment would appear to be of questionable value. For old-growth
stands a timber survey and an appraisal of its value provides all the
necessary information since the old-growth timber needs to be cut and a
new stand generated before many management techniques are possible.
The subcommittee staff (p.290, hearings) reports the following:
The land is not agricultural, and even if it were there would be no
assurance that the Indians would desire to become farmers.
Any of the allotments which may be patented are timbered and there is
no assurance that the Indians would desire to become tree farmers.
Information was presented on the success of management attempts on small
private woodlands in the Tennessee Valley. In-sight might have been
obtained into the advisability of preparing management plans for each
80-acre allotment by reviewing the supervised sale results as shown on
pages 433-434 of the hearings. If conditions were conducive to forest
management by 80-acre allotments, more interest might have been shown in
the 66 such tracts offered for sale.
TIMBER SALES-QUNAIELT INDIAN RESERVATION
Recommendation 8 on page 11 of the subcommittee report includes the
suggestion that patents assure the right of ingress and egress across
intervening land. No suggestion has been given as to how access across
other lands can be included in a patent on a particular allotment.
There is no provision in the law to require a landowner to give access
except by due process. Neither is there a requirement that the United
States must provide access across the allotments.
Another facet of the recommendation is that the Bureau should advise
each applicant with respect to what taxes will be applicable to the fee
patented property. The problems connected with advising on such tax
questions are indicated by the following testimony on pages 498-499 of
the hearings:
Senator Neuberger. Let me get one thing straight in my own mind.
Mr. Kephart says that the whole matter of taxes is in process of
adjudication by the Internal Revenue Services; is that correct?
Mr. Kephart. We have had some telephone calls from a representative
of the Internal Revenue to get information. As I understand from
conversation with them, they have this question in mind as to a tax
liability.
Senator Neuberger. Is it settled now or not? It is not clear in my
mind.
Mr. Coburn. As to trust property at the moment it is settled. The
Supreme Court settled it. But not as to patent-in-fee.
In consideration of the complexities of tax liabilities on property
passing from a trust status to a fee simple status, I see no reason to
require the Bureau of Indian Affairs to attempt to advise the allottees
on these matters which are not within its jurisdiction. Authentic
information must be obtained from the tax authority and with reference
to the particular problem.
INDIANS ARE CHARGED MORE FOR SERVICES THAN THE COST
Finding No. 4 on page 7 of the subcommittee report states:
The Bureau is authorized to collect reasonable fees to cover the cost
of any and all work performed for Indian tribes or for individual
Indians. In recent years it is estimated that these collections have
been substantially in excess of the cost of work performed on those
lands which produced the revenue. ###
The Bureau's policy on collecting these fees is quoted on page 46 of
the background study. In brief the Bureau collects fees to reimburse
# # # the expenditures at the agency level from funds appropriated
for Branch of Forestry activities, except funds appropriated
specifically for fire suppression or pest control.
The Bureau has further limited its attempt to balance deductions and
expenditures to the period during which there is a timber sale program
in effect at any agency.
The Comptroller General, in his report to the Congress on the
Administration of Forest Management Activities by Bureau of Indian
Affairs, Portland, Oreg. area office, which is shown on page 193 of the
hearings, has stated:
We believe that expenditures for items such as road maintenance, fire
suppression, pest control, and area office direct forestry costs should
be considered as administrative expenses to be recovered from
timber-sale receipts. If forestry is to be considered a reimbursable
function, we believe that all definable costs incurred in carrying out
the activity should be recognized before the percentage of
administrative deductions is reduced below the 10 percent level
prescribed.
TIMBER SALES-QUINAIELT INDIAN RESERVATION
From these interpretations it is evident that there is a lack of
agreement on this point among the subcommittee, the Bureau and the
Comptroller General as to what expenditures are to be reimbursed by
deductions from timber-sale receipts.
On page 48 the background study contains the following statement:
Collections from the Indians to defray the cost of timber service
approximate $480,000 for 530000-560000, or some $80,000 in excess of
cost.
On page 389 of the hearings the Bureau shows total deductions of
$379,000 and total expenditures of $400,000, a deficit of about $21,000,
for the same period.
There is evidently a disagreement between the background study and
the Bureau on the facts of this matter. This difference, therefore,
makes it difficult to arrive at a conclusion.
On page 49 of the background study the question has been raised
concerning the interest that accures to the United States from the
amount of administrative deductions deposited in the Treasury as
miscellaneous receipts. Through a series of "ifs" the report implies
that the Indians should be receiving such interest accruals.
The deductions are reimbursements to the Government, not income. An
extension of the reasoning expressed in the report would indicate that
the Government should receive interest from the Indians during the
period between the spending of Federal funds and the reimbursement from
timber sale receipts. The law authorizing these deductions did not
anticipate such interest payments by either the allottees or the
Government. The Bureau's testimony (p.388, hearings) is as follows:
Because of this change in the rate of deductions, and more
particularly because of increases in stumpage prices, the deductions
from timber-sale receipts have exceeded actual expenditures in recent
years at some Indian reservations. They have, accordingly, tended to
overcome the deficits in collections that had built up in earlier years.
On 560705, a memorandum was addressed to the directors of all areas
where substantial volumes of timber are sold, requesting that an
analysis of expenditures and deductions be made for each reservation
where such analyses were warranted.
The Bureau apparently has taken steps to provide for these deductions
to remain reasonable.
LEGISLATION FOR WITHHOLDING COLLECTIONS
Recommendation 6, page 10, would require that the Secretary of the
Interior propose legislation to provide for the collection of funds from
the proceeds of timber sales on each allotment to be used for the
management of the contract on that particular allotment.
The recommendation appears to confine the draft legislation for
application to the Quinaielt Reservation although the findings and
conclusions indicate that successful experiments could be applied to
other reservations. To confine such legislation to the Quinaielt
Reservation would be discriminatory against other allottees under the
jurisdiction of the Western Washington Agency as well as allottees on
other reservations throughout the United States. The record does not
show that a study has been made or testimony obtained concerning the
effects of such legislation on other reservations. There is therefore
doubt whether or not such legislation would be desirable.
The recommendation does not suggest that the withholding of funds
should be limited to any percentage of the total timber-sale
TIMBER SALES--QUINAIELT INDIAN RESERVATION receipts on each allotment
but implies that all costs of contract administration, land
improvements, and access-road construction will be paid from the
collections. The cost of these services would inevitably exceed the
value of timber cut on some allotments.
The Bureau of Indian Affairs provides the information that in sales
where there is a concentration of allotments and timber the expense of
administration declines on a per thousand foot basis because of greater
efficency in utilization of personnel. Under the jurisdiction of the
Western Washington Agency, as well as many other jurisdictions, there
are numerous allotments on which the sale of timber cannot be handled on
a group basis. Deductions from the timber cut on an actual cost basis
would cause serious inroads on the returns that would be left for the
allottees. In many cases there would not be sufficient return from the
allotments to pay the cost of administration.
A strict separation of all costs in the specified activities on each
allotment would require an accounting system that could reach staggering
proportions. The Comptroller General has stated that if forestry is to
be considered a reimbursable function he believes that all definable
costs incurred in carrying out the activity, including area office
direct costs, should be recognized under the present regulations. While
the Comptroller General's decision with respect to amended legislation
might well be different, this is an indication of the interpretation he
places on such procedures.
MISCELLANEOUS COMMENTS
Status of allottees: The subcommittee finds that there is need to
establish the educational status, economic situation, aspirations, and
needs of these people, and at the same time to secure detailed data on
their allotted lands. Nor can the increasingly difficult problem of
expanding heirship rights on the reservation be longer ingnored. These
findings by the subcommittee embody policy decisions outside the general
area of forestry functions and should receive further committee
consideration before any recommendation is made to the Department.
Proposed legislation: The subcommittee recommends that draft
legislation be submitted to implement the recommendations made in its
report. Other than recommendation 6, which is covered above, there does
not appear to be need of additional legislation.
General comments: The subcommittee background study has been
exceedingly critical of the forestry activities of the Bureau. The
Bureau has been criticized for undervaluing the timber. Subsequently
the Bureau did change the stumpage rates and they are still being
criticized for the manner in which this was done. It is still insisted
that the timber is underpriced. How much consideration can the Bureau
give to committee recommendations which are contrary and diametrically
opposed? I do not pretend to pass judgment on technical matters.
The observation has been made by the subcommittee that the Bureau
staff stationed at Hoquiam, Wash., was fully occupied with forestry
matters and were unable to give attention to the equally important
obligations of the Federal Government to the Quinaielt Indians under the
treaty of 550000, acts of Congress, and declarations of Congress.
The tabulation of positions in Bureau of Indian Affairs' testimony
(p.393, hearings) indicates that the function of the personnel at
TIMBER SALES-QUINAIELT INDIAN RESERVATION
Hoquiam is in the field of forestry. This roster does not indicate
personnel particularly qualified to perform functions suggested in the
subcommittee report as an alternative to the forestry functions. The
Bureau informs me that the primary function of the staff at Hoquiam is
the obligation in connection with forestry, and that all other duties
are incidental. Staff members located at the agency headquarters,
Everett, Wash., carry the responsibility for duties which the
subcommittee mistakenly has applied to the foresters.
However, the committee report in setting forth its views; does not
desire to reflect unfavorably on the conscientious employees of the
Bureau of Indian Affairs who have labored long in the Indians' interest.
I find it difficult to perceive how all this criticism does not
reflect upon the employees. An examination of the report fails to
reveal which avenues of endeavor the subcommittee feels have been
properly and adequately pursued by those employees. I am in full accord
with the principle that constructive criticism should be forthcoming
wherever and whenever it is warranted, but a reading of the report
purveys a sense of frustration on how to proceed in order to satisfy the
subcommittee.
The subcommittee background study has disposed of problems in an
offhand manner without proper consideration of the testimony given.
Many of these have already been discussed. An illustration of this
attitude will now be pointed out.
On page 287 of the hearings is subcommittee-staff-written testimony
as follows in referring to the Crane Creek and Taholah contracts:
While it is true that the five-hundred-odd allottees in these 2
contracts appear to present some special problems, they are no more
complicated than the situation where 2 or 3 owners are involved.
The record is replete with testimony, statements and exhibits which
very obviously do not support this statement. The very nature of the
timber investigation reveals that most of the problems revolve around
the fact that there are a large number of ownerships under these
contracts. If the ownership of the timber had been as simple a problem
as was expressed, I do not believe this problem ever would have come to
the attention of the subcommittee.
The subcommittee study has insisted that there is no essential
difference between national forest and Indian lands as is brought out in
a statement on page 222 of the hearings as follows:
You asked whether the Bureau of Indian Affairs stumpage rates reflect
true market value as called for by the contracts. The answer is "No."
The best criteria of whether the Bureau of Indian Affairs rates approach
true market value is found by a comparison of their appraisals with the
results when Forest Service data is used.
This statement again disposes of the testimony supplied by the Bureau
of Indian Affairs without adequate consideration. The Bureau has
developed considerable data to show why conditions and circumstances are
different on the reservation than they are on the adjoining national
forest. I do not pass on the validity of the data submitted by the
Bureau but it appears that the near total absence of evidence on these
points in the background study would indicate that irrespective of the
factual nature of the Bureau presentation no recognition is given to it.
Arthur V. Watkins.
HEL-009-1154-1261
HEL-009-1153-1261
THE PRESIDENT WHITE HOUSE