670214
CORRESPONDENCE
CHESTER, C E BIA
Forestry
670214
Branch of Real Property Management
Branch of Forestry
Suggested information from Forestry for inclusion in letter to Mr. A.
F. Harting, as follow up to meeting with him, 000213.
The 661215, letter from Portland Assistant Area Director A. W.
Galbraith to Mrs. Hartung, flagged in the enclosed correspondence,
covers the complaints filed against Rayonier, Incorporated, and the
Aloha Lumber Corporation by the United States attorneys to secure
additional stumpage values that the United States claims are due. The
Portland Area Office has no additional information at present.
Charles E. Chester
Enclosure (Previous correspondence--Hartung). Please return, with
copy of your letter to Mr. Hartung.
cc: Surname Chrony Holdup
CEChester:wm 670214
HEL-009-1262-1262
HEL-009-1262-1262
BR OF FORESTRY
670123
CORRESPONDENCE
PAO BR OF FORESTRY
RECEIVED 670127
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 material and
mail through regular channels.
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Portland Area Office Branch of Forestry Date: 670123
SUBJECT Attached documents pertain to 670000 loggin plans for Taholah
Logging Unit.
HEL-009-1263-1263
HEL-009-1263-1278
COMM BIA
670105
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
Forestry-339.5 Logging Plans - Taholah Unit
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
670105
Aloha Lumber Corporation Subsidiary of Evans Products Aloha,
Washington
Gentlemen:
Your logging plans for 670000, which you submitted to Don W. Clark
Forest Manager with your letter of 660927, are approved with the
exception of Block 94. This exception was explained to you in our
letter of 001024, which granted approval for logging in Blocks 89 and
92.
Special condideration to stream protection measures will be necessary
when logging in Blocks 90, 91 and 95. It would be appreciated if you
will consult with the Forest Officer in Charge prior to the start of
logging in these blocks.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
cc - Br. of Forestry, PAO
Hoquiam Forestry Everett Forestry Hoquiam Chrono Mailroom Chrono Mr.
Gordon Chrono
DWClark:kf 661228
HEL-009-1264-1264
HEL-009-1263-1278
ALOHA LUMBER CORP
661223
CORRESPONDENCE
CLARK, D W
DATE: 661223
670105
TO: George M. Felshaw, Superintendent
FROM: Don W. Clark, Forest Manager
SUBJECT: 670000 Logging Plans - Taholah Logging Unit - Quinault
Reservation
The 670000 logging plans of the Aloha Lumber Corporation for the
Taholah Logging Unit, showing the blocks proposed for logging, are
attached. The blocks have been inspected in the field, examined on
aerial photographs and discussed with the operating personnel. The
estimated net volumes of the blocks were calculated using the Taholah
Inventory Data, timber type map of the unit, and "cut-out" data. 1/
Attached are tables showing estimated net volumes by species. Table
I shows the acreage and net volume by species of the new logging blocks.
Table II shows volume by species and log grade percentages of new
logging block. Table III shows net volume by for blocks approved prior
to 670000 and not yet logged, and remaining volumes for blocks in which
logging is in progress. Table IV shows net volumes and species
composition of timber removed from 651130, thru 661130, net volume and
percentage requested in the 660000 logging plans and net volume and
percentage requested in the proposed plan for 670000. The status of the
logging blocks previously approved for cutting, along with new blocks,
is shown below:
Previously approved blocks:
Table not keyed, see original
1/ "Cut-out" data - net volume and grade recovery by species as
scaled and graded by the Grays Harbor Log Scaling and Grading Bureau.
Most of the blocks submitted for approval in 670000 are adjacent to
or situated between previously logged-over areas. The logged-over areas
however are adequately stocked with reproduction.
Table IV shows that only about one-half of volume proposed for
logging during 660000 was cut. Additional blocks approved subsequent to
the original logging plan increased the total volume in blocks scheduled
for logging in 660000. Because of the recently depressed cedar market,
the company selected other areas which had a preponderance of hemlock
and silver fir with lesser amounts of cedar. By doing so, operations
could be maintained without too great a reduction in total log
production from the unit. Thus, many of the previously approved blocks
which contained heavy volumes of cedar have not been scheduled for
immediate logging. Full operation of the company sawmill at Aloha after
the first of the year is expected to alleviate this situation.
The average size of all blocks submitted for approval for 670000 is
approximately 140 acres. This is somewhat larger than the average for
previously approved blocks.
Special attention to stream protection provision will be necessary
when logging blocks numbered 90, 91 and 95.
It is recommended that the proposed 670000 logging plan be approved.
Don W. Clark Don W. Clark Forest Manager
PROCEDURE USED TO OBTAIN ESTIMATED VOLUMES AND LOG GRADE PERCENTAGES
BY SPECIES OF THE TIMBER TO BE REMOVED FROM CUTTING BLOCKS IN THE 670000
LOGGING PROGRAM - TAHOLAH LOGGING UNIT - QUINAULT RESERVATION -
WASHINGTON
The estimated net volume of the cutting blocks were calculated in the
office, mainly with the use of the Taholah Inventory data, planimetric
timber type map, and "cut-out"# figures. The blocks were examined on
the serial photographs and inspected in the field.
Each block was broken down by type acreage with volume per acre by
species being derived from the inventory data for the type represented.
This volume was then verified or adjusted by "cut-out" figures of
adjacent blocks and by field inspections. Grade determination was made
in a like manner.
The following volume estimates compared very well with those prepared
by the company forester.
Special attention should be given to stream protection and
maintenance in the following blocks: 90, 91 and 95.
Ralph D. Gustavson Forester
#"Cut-out", Net volume and grade representation by species as scaled
by the Grays Harber Log Scaling and Grading Bureau.
TABLE I
670000 LOGGING BLOCKS, TAHOLAH UNIT VOLUME BY SPECIES, MBM, NET
Table not keyed, see original
TABLE II
670000 LOGGING BLOCKS, TAHOLAH UNIT GRADE VOLUME AND PERCENT BY
SPECIES, MBM, NET
Table not keyed, see original
TABLE III
BLOCKS APPROVED PRIOR TO 670000, NOT YET LOGGED VOLUME BY SPECIES,
MBM
Table not keyed, see original
TABLE IV
NET VOLUME AND SPECIES COMPOSITION OF TIMBER REMOVED 651201 THROUGH
661130
"Table not Keyed, See Original"
NET VOLUME AND SPECIES COMPOSITION REQUESTED IN 660000 LOGGING PLAN
"Table not Keyed, See Original"
NET VOLUME AND SPECIES COMPOSITION REQUESTED IN 670000 LOGGING PLAN
"Table not Keyed, See Original"
HEL-009-1265-1271
HEL-009-1263-1278
FELSHAW, G M
660927
CORRESPONDENCE
STERLING, R T ALOHA LUMBER CORP
ALOHA LUMBER CORPORATION
ALOHA, WASHINGTON
660927
Mr. Don W. Clark, Forest Manager Western Washington Indian Agency
Hoquiam Sub-Agency Hoquiam, Washington 98550
Dear Mr. Clark:
Here are the suggested blocks and volume acreage estimates for our
670000 logging plans on the Taholah unit. The block boundaries as shown
on the accompanying map are relative as there may be slight changes due
to conditions encountered in the field.
Table not keyed, see original
Map not keyed, see original
Map not keyed, see original
Map not keyed, see original
Map not keyed, see original
Map not keyed, see original
TAHOLAH LOGGING UNIT
QUINAULT INDIAN RESERVATION WASHINGTON 650000
Map not keyed, see original
HEL-009-1272-1278
HEL-009-1263-1278
CLARK, D W W WA IND AGENCY
690904
CORRESPONDENCE
ROVIN, C B BIA WASH DC
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Records Management Section.
330
C.R. 3845-57-339-W. Washington C.R. 66-62-339-W. Washington
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C. 20242
IN REPLY TO:
690904
Memorandum
To: Office of the Solicitor
Attention: Mr. Duard Barnes
From: Assistant Commissioner, Community Services
Subject: Quinault Allottees Attorney Contract
Enclosed for your review and recommendation is a letter dated 000828
from Mr. Charles A. Hobbs of the law firm of Wilkinson, Cragun & Barker
forwarding an Amendment No. 1 To The Agreement of 680329, Between the
Allottees and the Attorneys together with an Endorsement by the Quinault
Tribe, First List of Endorsers to Amendment No. 1 of 690823, and Minutes
of The Meeting of The Allottees at Taholah, Washington, 690823.
We will appreciate your recommendation at your earliest convenience.
(Sgd) Charles B. Rovin Acting Deputy Assistant Commissioner Community
Services
Enclosures
Copy to: Forestry - 330
CBRovin/hk 690904
HEL-009-1279-1280
HEL-009-1279-1280
BARNES, D OFC OF SOLICITOR DOI
690828
CORRESPONDENCE
HOBBS, C A WILKINSON, CRAGUN
WILKINSON, CRAGUN & BARKER LAW OFFICES 1616 H STREET, N. W.
WASHINGTON, D. C. 20006
NATIONAL 8-4400
CABLE ADDRESS "WILCBAR"
690828
Secretary of the Interior Washington, D.C.
Attention: Mr. Charles B. Rovin Bureau of Indian Affairs
Re: Quinault Allottees Attorney Contract
Dear Sir:
On 690812, you approved an attorney contract between us and certain
allottees of the Quinault Reservation. On 690823, the allottees met and
approved Amendment No. 1 to the basic contract. We request your
approval of the Amendment.
Paragraph 4(f) of the basic contract provided for hourly fees for
non-claims services, but did not provide for any method of paying such
fees. The gist of Amendment No. 1 is to set up a fund out of which to
pay attorney fees and expenses (chiefly timber consultant fees) for
non-claims services.
The fund would be built up from deductions from proceeds coming due
to all parties to the contract, arising from said parties' ownership of
timber on the Quinault Reservation. At first the deduction would be 4%.
After allottees representing 200 allotments in full have endorsed, the
percentage drops to 3%. After 400 allotments, the percentage drops to
2%. We expect that the 2% level will be reached, and thereafter as
funds become available, all earlier contribution in excess of 2% will be
refunded.
The fund will belong to the allottee who are parties to Amendment No.
1. It will be used primarily for attorney fees and expenses, and fees
of timber consultants.
Secretary of the Interior
690828
The attorneys and consultants will bill the fund usual and customary
fees for services actually performed, and if the fund has enough, the
bills will be paid from it. If there is ever a surplus, the Allottees
Committee may refund it to the contributors pro rata, or the allottees
as a whole may make other disposition of it.
Ordinarily, amendments to the basic contract would be by the
Allottees Committee (minor changes) or by the allottees in a meeting or
by referendum (major changes). See Paragraph 3 of the basic contract.
However, this amendment was considered so fundamental that individual
endorsements should be secured to it. Non-endorsers would not be bound,
although we reserve the right at some time in the future to ask the
Secretary of the Interior or an appropriate court to require
non-endorsers to contribute a reasonable share toward the expenses of
any services resulting in benefit to said non-endorsing allottees.
Attached are minutes of the Allottees Meeting of 690823, and of part
of the Tribal Council Meeting of the same date. These were taken by Mr.
Hobbs. Messrs. Felshaw and Lozar attended both meetings, and will be
able to confirm that the attached minutes are accurate.
Attached are photocopies of the 37 individual endorsements we have so
far, and an original of the Tribal endorsement. There will be more
individual endorsements. We hereby request that pending your
consideration of this Amendment, you hold in escrow 4% of any
distributions to any of the endorsers on the attached list (Enclosure
D), and of any subsequent endorsers of whom we give you notice.
Distributions would include any proceeds arising from timber ownership,
including from cutting contracts refunds, damages, Aloha escrow,
interest on any of the above, etc.
You will note that the Tribal endorsement is revocable at will (on 30
days notice), whereas the individual allottee endorsements are revocable
only by the Allottees Committee. We felt the Tribe's sovereignty made
this appropriate.
Amendment No. 1 contemplates that any further work on our part in the
Aloha case will be charged to the Allottees Fund set up by the
Amendment, and not to the Tribe under the Second Supplemental Agreement
to the Tribal Attorney Contract. See Paragraph 4(f)(5) of Amendment No.
1.
Secretary of the Interior
690828
This supersedes the second paragraph of our letter to Mr. Barnes of
690616. We specifically refer to this in the Tribal endorsement, as one
of your group suggested at our meeting of 000818 at the Bureau of Indian
Affairs.
Also, in our letter of 690616, fourth paragraph, we said each
allottee would be liable for an attorney fee based on his pro rata share
of any benefit he receives from the attorneys' efforts. This is
superseded by Amendment No. 1, which makes the basis of contribution 2%
of any proceeds arising from ownership of the timber. If early
endorsers contribute 4% or 3%, and the percentage is later reduced when
enough allottees endorse the Amendment, those who contribute more than
the lowest percentage will be reimbursed the excess, so that all
allottees will eventually have contributed the same percentage.
At our meeting at the Bureau of Indian Affairs, on 000818, we
indicated that we would change Paragraph 4(f)(8) to provide for a midway
reduction in claims fees from 20% to 17.5% if 200 allotments were signed
up. After discussing among the partners, we decided not to do this,
because it was too uncertain whether 200 allotments would provide an
adequate current fund to justify a drop in the deductions. It is also
uncertain whether 400 allotments will do so, but we are willing to take
that risk.
On the other hand, if only 200 allotments (or any number less than
400) are signed up and this in fact produces contributions to the fund
in excess of $20,000 per year on the average (or perhaps even less, in
our discretion), and it appears that this will continue in later years,
we will reduce the claims fee from 20% to 15% notwithstanding the lack
of 400 allotments. In response to a suggestion at our meeting on
000818, we have added this commitment to the proposed contract, see
Paragraph 4(f)(8).
At our meeting of 000818, we indicated that we would aggregate
fractional interests in allotments. We have added this to the proposed
contract see Paragraph 4(f)(11).
We are ready to confer at any time if you would find this useful. We
hope it will be possible to approve
Secretary of the Interior
690828 the Amendment without changes (other than changes which can be
handled by agreement of the attorneys only, see Paragraph 6 of the basic
contract). Going back to each allottee for ratification of changes
would be extremely inconvenient and time-consuming, as you can imagine.
Sincerely,
WILKINSON, CRAGUN & BARKER
By: Charles A. Hobbs
Encl: A. Amendment No.1, Orig. No.1 and 5 xeroxes
B. Tribal endorsement, Orig. No.1 and 5 xeroxes
C. Xeroxes of 37 individual endorsements
D. Alphabetic list of the endorsers
E. Minutes of Allottees and Tribal Meetings
cc: 1. Chairman, Allottees Committee, with A(Orig. No.2), B,C,D,E.
2. Members of Allottees Committee (Permanent and Alternate).
3. Pres., Secy. (with Orig. No.2 of B), and Bus. Mgr., Quinault
Tribe.
4. BIA Central Office, Attn: Duard Barnes and Leslie Shapiro
5. Portland Area Office, Attn: Paul Weston.
6. Superintendent, Western Washington Agency.
7. Superintendent, Hoquiam Subagency.
(Nos. 2-7 with enclosures A,B,D,E, except Tribal Bus. Mgr. also to
receive C. The attorneys retain Orig. of C, and Orig. No. 3 of A and
B.)
AMENDMENT NO.1
To the Agreement of 680329, Between the Allottees and the Attorneys
Paragraph 4(f) of the Agreement of 680329, between the Allottees of
the Quinault Reservation and the law firm of Wilkinson, Cragun & Barker,
is hereby amended to read as follows:
(f) The foregoing does not cover the Attorneys' compensation for
services benefitting the Allottees but not giving rise to money awards
(see Paragraph 2 above). Compensation for such non-money-award services
shall be derived from a fund to be created by contributions from
Allottees in the following manner:
(1) The Allottees shall contribute to an Allottees Fund in the
following manner: four percent (4%) of any proceeds payable to any
Allottee endorsing this Agreement, as amended, arising from the timber
on his allotment, shall be paid to a commercial bank to be designated by
the Allottees Committee. The percentage shall drop to three percent
(3%) as soon as Allottees representing more than 200 allotments in full
have endorsed this Agreement as amended, and to two percent (2%) as soon
as Allottees representing more than 400 allotments in full have
endorsed. If an Allottee pays 4% or 3%, and thereafter additional
Allottees sign up causing the deduction level to drop, then the Allottee
shall receive a refund from the fund, out of surplus funds not likely to
be needed for fees and expenses for twelve months, so that eventually no
Allottee will contribute a higher percentage than any other Allottee.
(2) The said Bank shall hold said funds in trust, together with other
funds similarly contributed by other Allottees, and shall make
disbursements to the Attorneys in the following manner: the Attorneys
shall prepare vouches for their fees and expenses (and for the fees and
expenses of associate counsel and expert witnesses employed by the
Attorneys, and including vouchers providing for the reimbursement of
expenses advanced by individual Allottees), and forward the same to the
Bank, to the Chairman of the Allottees Committee, and to the Secretary
of the Interior of his designee. If by the 30th day after receipt the
Bank has not heard an objection from either the Allottees Committee or
the Secretary, the Bank shall pay the voucher forthwith. If an
objection is filed the Bank shall notify the Attorneys, and shall not
pay said voucher until it is satisfied that the objector and the
Attorneys have agreed upon the proper amount of the voucher. The
Secretary is authorized to audit the vouchers and approve or disapprove
them for good cause in accordance with its usual procedures.
(3) The Attorneys shall be entitled to fees based on their standard
time rates in general effect from time to time, subject to the approval
of the Allottees Committee and the Secretary. A current schedule of
rates shall be sent to the Chairman of the Allottees Committee and the
Secretary. In event the Attorneys associate other attorneys, the
current rate schedule of such other attorneys shall likewise be filed
with the Chairman and the Secretary. Unless the Allottees Committee or
the Secretary disapproves the said schedules within 60 days after
receipt, they shall stand approved.
(4) The Attorneys shall not charge the fund for any time attributable
to a claims matter, which is defined as a matter intended to produce an
award or fund from which the Attorneys would be entitled to payment
under Paragraph 4(c) or 4(d) above. The Attorneys shall maintain
diaries of their time, and shall make them available to the Allottees
Committee or the Secretary of the Interior for review upon request. The
judgment of the Attorneys in allocating time to a claims matter, as
opposed to a time-fee matter, shall be accepted unless unreasonable.
When services are of benefit both to a claims matter and a time-fee
matter the time shall be reasonably divided. However, all legal
expenses, including expert witness fees, may be charged to the fund
whether applicable to claims or time-fee matters.
(5) It is understood that services in the pending case of Aloha
Lumber Corp. v. Udall shall be compensated as a time-fee matter from the
fund, starting 690815. The Attorneys hereby agree not to bill the
Quinault Tribe for any fees in that case for services performed on or
after 690815. In event of a favorable decision in that case, it is
understood that the deduction stated above shall be made from any escrow
funds paid to any Allottee endorsing this Agreement as amended.
(6) At any time the fund exceeds what reasonably appears to be
sufficient to pay all fees and expenses for twelve months, the Allottees
Committee may (a) cause the surplus to be invested in legal securities,
or may (b) refund it to the Allottees, or may (c) dispose of it in any
other manner approved by the Allottees, this being a fundamental
question.
(7) If the Attorneys submit a voucher to the fund, which would be
paid but for lack of sufficient funds, the said voucher shall be held by
the Bank, and paid as soon as funds are available. Any amount not paid
for three months or more after being cleared for payment shall
automatically draw simple interest of six percent (6%) per annum from
the time the voucher was submitted, payable at such time as the
principal amount is paid.
(8) As soon as Allottees representing more than 400 allotments in
full have endorsed this Agreement as amended, and said Agreement and
amendment have been approved by the Commissioner of Indian Affairs, and
in consideration of the fact that the Attorneys will be providing
substantial services to the Allottees at current compensation, the
Attorneys hereby agree to reduce the fee for claims matters, set forth
in Paragraphs 4(c) and 4(d) of the basic contract, from 20% to 15%. The
Attorney also agree to reduce the claims fees from 20% to 15% at such
earlier time as the contributions to the fund under Paragraph 4(f) (1)
above are coming in at the rate of $20,000 per year or more, and appear
likely to continue to average that amount or more for five years in the
future.
(9) It is understood that the principal claims matters to be
processed in the near future are (1) the claim for refund of the 10%
charges previously paid for care of timber, and (2) the claim for
accunting for inadequate stumpage payments. It is understood that the
principal time-fee matters, as now perceived, are (1) the continuation
of the Aloha case, and (2) representing the Allottees in connection with
interpretation and changes in the basic timber cutting contracts,
including future adjustments of stumpage rates.
(10) Inasmuch as the plan of compensation outlined above, in order to
achieve its purpose of enabling the Allottees as a group to have
permanent legal representation requires a large number of Allottees to
endorse it, so that the average deductions in any year will be
sufficient to pay for the legal and consulting services and expenses
which benefit all the Allottees, and inasmuch as this Agreement is by
the Allottees as a single group, and not as individuals, it is
understood that the agreement of any endorsing Allottee to the deduction
in Paragraph 1 above is not revocable by himself alone, or by his heirs
or successors, but only by the Allottees as a group, acting through the
Allottee Committee in accordance with the term of the Agreement.
However, the Committee, for good cause, may permit any endorsing
Allottee, or his heirs or successors, to revoke his agreement to the
deductions.
(11) When an Allottee owning a fractional interest in an allotment
endorses this Agreement, his interest shall be aggregated with other
fractional interests of other endorsing Allottees for the purposes of
making up one "allotment in full," as used above. For example, where
four endorsing Allottees each own a 25% interest in a different
allotment, the four interests shall be counted as one "allotment in
full."
Approved this 690823.
For the Attorneys:
WILKINSON, CRAGUN & BARKER
By: (ILLEGIBLE LINE) A Partner
For the Allottees:
1. (ILLEGIBLE LINE) Chairman, Allottees Committee
2. (ILLEGIBLE LINE) Member, Allottees Committee
3. Karen (ILLEGIBLE LINE) Member, Allottees Committee
4. (ILLEGIBLE LINE) Member, Allottees Committee
5. (ILLEGIBLE LINE) member, Allottees Committee
6. Clark Reid Member, Allottees Committee
7. (ILLEGIBLE LINE) Member, Allottees Committee
ENDORSEMENT BY INDIVIDUAL ALLOTTEES
I hereby endorse and join in the foregoing Amendment No. 1 of 690823,
between the Allottees of the Quinault Reservation and the law firm of
Wilkinson, Cragun & Barker, and further endorse and join in the basic
Agreement of 680329, if I have not already done so, and I authorize and
direct the Secretary of the Interior or other trustee of my allotment to
deduct the amounts set forth in Paragraph f(1) of the foregoing
Amendment from payments due me. I realize that my agreement to the
deductions may be revoked only by the Allottees Committee and not by
myself acting alone. This endorsement shall be binding on my heirs and
successors.
ENDORSEMENT BY THE QUINAULT TRIBE
1. The Quinault Tribe, as an owner of trust land on the Quinault
Reservation, hereby endorses and joins in the foregoing Amendment No. 1
of 690823, and hereby authorizes and directs the Secretary of the
Interior or other trustee of tribal lands to deduct the amounts set
forth in Paragraph f (1) of the foregoing Amendment from payments due
the Tribe. The Tribe reserves the right to revoke this instruction at
any time upon 30 days notice to the Attorneys.
2. The Tribe understands that after 690815, the Attorneys will
furnish only bare minimum representation under the Second Supplemental
Agreement effective 670601, (concerning the Aloha case) and will submit
no bills for services performed in that matter after 690815.
ILLEGIBLE
President
Approved this 690823, at a special meeting of the Quinault Tribe at
Taholah, Washington, by a vote of 45 in favor and 1 against.
ILLEGIBLE
Secretary
First List of Endorsers to Amendment No. 1 of 690823.
Name Quinault Tribe Lee F. Alden Rose Mary Hoveland Allebaugh Hannah
M. Bowechop June Elizabeth Hoveland Brown Bennie Charley, Sr. Elfrieda
Strom Charley Daniel Chenois Elizabeth J. Cole William Gerald Comenout
Tillie Comenout Grover Clara Youckton Hall Lawrence James Hall, Jr.
Lydia Cultee Blackburn Hawks Ellen Heath Lilly Hayden Heck Marian Law
Holloway John R. Jerry Mildred E. Prince Judson Maggie J. Kelly Violet
Hudson Kintanak Alfred L. Lewis William B. Penn Hattie Hayden Pikutack
Robert Pope Rose Pope Rose Snell Purdy Josephine H. Robinson Leonard P.
Robinson Rosemary George Robinson Pearl Rosander Mary Lou Phillips
Saunders Daisy Slade Agnes Cox Smith Sarah Sam Sotomish Julian B. Alden
Taylor Bernice Elsie Hoveland Winkler Percy Youckton
MINUTES OF THE MEETING OF THE ALLOTTEES TAHOLAH, WASHINGTON
690823
Helen Mitchell called the meeting to order at 10:50 a.m. Present by a
show of hands were 38 allottees, a number of other persons who did not
raise their hands, and George Felshaw and Bud Lozar of the Bureau of
Indian Affairs. Helen said a quorum was present, and called on Charlie
Hobbs to report on the events since the last meeting.
Mr. Hobbs said that the contract between the attorneys and the
allottees had been approved by the Bureau of Indian Affairs, and the
attorneys were ready to proceed immediately with the claims as soon as
the initial $10,000 was put up. The initial claims will be the claim
for refund of all of the 10% charges assessed against any Indian who had
made a stumpage sale, and the claim for inadequate stumpage payments
over the previous years.
Mr. Hobbs also reported on the status of the Aloha case. The judge
has indicated that he plans to send the case back to the Secretary for
further work, but he has not announced his official decision yet. This
should come before too long.
Mrs. Mitchell reported that the Allottees Committee had met several
times in the past month to go over the timber contracts. She said that
many provisions were not being enforced, for example the provision
requiring that slash be removed. A recent fire ran through the slash
and damaged allotments of many Indians. Mrs. Mitchell read the list of
Indians affected by the fire. She also mentioned other violations of
the contract or of BIA timber cutting regulations, which the BIA is not
enforcing.
Jim Bryson made some remarks from the floor. He said the contracts
specified quarterly adjustments, but this has not been done. He said
the BIA should represent the allottees, but is not doing so.
Dee Terry was asked to make a few comments. He is now working for
Helen Mitchell, having left Weyerhauser. He says the contract was
originally written well, and originally supervised well, but then bad
practices grew up. He said it was understandable that the stumpage
prices were a little less than the market prices, because this was a
very large contract. He said the IFA price reports are good and timely,
and are better than the PNLA reports. He put up a chart showing price
trends and how much lower prices the allottees got than the market
price. Another chart showed that according to a 500000 cruise, there
were 545,000 MBF left to be cut, but by the end of 680000, in fact
816,000 MBF had been cut. He also noted that the loggers would log like
crazy when the price differential was at its worst ($15 versus $53 at
one time).
Mrs. Mitchell asked that the allottees approve adding four names to
the Allottees Committee as alternates, so the Allottees Committee can do
business when they meet and some of the regular members are not present.
The members of the Allottees Committee were elected 680300, and
reaffirmed in 690300. The members are Helen Mitchell, Anna Koontz, Herb
Capoeman, Clark Reed, Daisy Slade, Francis McCrory, and James Jackson.
In response to a question from the floor, Mr. Hobbs explained that
the Allottees Committee represents all the allottees, and speaks for
them in ordinary matters. If it is a fundamental matter, the question
is referred to all the allottees by referendum or a general meeting.
Mr. McCrory said that the Allottees Committee is the watchdog for the
allottees. He said all of their meetings are open to everyone. In
response to another question, Mrs. Mitchell explained that the
alternates would vote only where one or more of the permanent members
was absent.
The alternates proposed were Edna Ebling, Phil Martin, Julian Taylor,
and Karen Riley. The alternates were approved by the vote of 46 in
favor, none opposed, and 9 not voting.
Mrs. Mitchell asked how many of the allottees had property in the
Taholah or Crane Creek units. Most of the allottees present raised
their hands.
Mrs. Mitchell proposed that all of the allottees sign a revocation of
their power of attorney, which they gave when the timber cutting
contracts were originally entered into. Jim Jackson said that in 560000
the Taholah contract was amended to say that all salvage under the
contract would be included, and changed the 32-foot-log rule, and some
other things. This was done under the old powers of attorney. But when
the Indians wanted a change in their own behalf, the BIA said that they
could not change the contract because they would have to get new powers
of attorney.
Mr. Hobbs explained what the power of attorney is, and pointed out
that if they were valid, then the contracts are probably valid too. But
if the power is invalid, then it can be revoked, and the person involved
would not be subject to the overall contract. Mrs. Mitchell pointed out
that the proposed revocation of powers of attorney would not make the
overall contracts invalid, but would merely prevent the BIA from making
any more changes in the overall contract without coming back to the
allottees for approval.
Mrs. Mitchell asked Mr. Hobbs to explain the proposed amendment to
the allottees' attorney contract. Mr. Hobbs explained that considering
the value of the timber, the allottees needed and could afford a forest
consultant and an attorney, who would represent the allottees in any
re-negotiation of stumpage prices, in the enforcement of the contract,
in the study of the contract to see if it could be amended for the
benefit of the allottees, and in further proceedings in the Aloha case.
He pointed out that the tribal fund to pay for services in the Aloha
case had run out.
Mr. Hobbs explained that the plan as a whole was to set up a fund to
which the attorneys could send their bills when they worked on
non-claims matters. The attorneys could not look for a fee from the
final judgment in such matters because the final judgment would not
produce any identifiable funds as such. Therefore, if this work were to
be done, the only feasible way was to pay for it currently. He pointed
out that the standard attorney rates for his firm ranged from $25 an
hour to $70 an hour for senior partners. He said that in New York, in
some of the larger firms, the fees run up to $150 an hour. He said the
cost of living had increased to the point where it now cost more than
$6,000 a year for an experienced legal secretary. Although these fees
sounded high, he said the final fees actually would come out lower,
usually, than a contingent fee.
Mr. Hobbs then went over each paragraph of the proposed amendment,
after which the meeting adjourned for lunch.
The meeting reconvened after lunch. Helen Mitchell called for a
voice vote on approval of the proposed amendment, since everyone had had
a chance to talk about it at lunch. By voice vote the amendment was
unanimously apporved.
Mr. Hobbs stated that he had not had a chance to explain certain
points, so that he wanted to explain them now. He said that the present
contract, the one that has just been approved by the Secretary, calls
for each allottee to pay his pro rata share of expenses. This would be
superseded by the amendment, to the extent that there were funds
provided by the amendment. The amendment provides an automatic way of
sharing expenses pro rata, and this would govern instead of the clause
in the original contract.
Mr. Hobbs said that during lunch he had been asked from what payments
the deductions would be made. Mr. Hobbs explained the deductions would
be made from anything the BIA paid to the allottee arising from his
timber, including stumpage sales, refunds, damages, claims judgments,
the Aloha escrow fund, interest on any of the above, etc. The quicker
this fund is built up, the more work will be done and the quicker the
benefits will flow to the allottees.
He said that the vote should be taken again, in case anyone wanted to
change his mind as a result of hearing his explanations. Mrs. Mitchell
again called for the voice vote, which again was unanimously to approve
Amendment No. 1. The allottee meeting then adjourned, and the meeting
of the Tribal Council began.
MINUTES OF PART OF THE MEETING OF THE TRIBAL COUNCIL AT TAHOLAH,
690823
Mr. Jackson called the meeting to order at 2:30 p.m.
# # #
Mr. Jackson then said that the next item on the agenda was the
approval of the endorsement of the Tribe to Amendment No. 1 to the
Allottees Contract.
Mr. Hobbs explained that the Tribe, as owner of several thousand
acres on the Reservation, stood to get just as much benefit from the
work under the Allottees Contract as any allottee, and therefore
proposed that the Tribe endorse Amendment No. 1. The Amendment would
authorize the Secretary to deduct the amounts set forth in Paragraph
4(f) (1) from any payments due the Tribe. Mr. Hobbs pointed out that
there was a difference in this proposed endorsement from the
endorsements to be signed by the allottees, in that the allottees would
not be able to revoke their instruction to the Secretary to make the
deduction (unless the Allottees Committee approved), whereas the Tribe
would be able to do so at any time upon 30 days notice to the attorneys.
Mr. Jackson called for the vote of the tribal members on endorsing
the Amendment, which was approved by a vote of 45 in favor and 1
against.
# # #
Transcribed from notes of Charles A. Hobbs, tribal attorney. I
certify that the above is accurate.
Charles A. Hobbs
690827
HEL-009-1281-1300
HEL-009-1281-1300
ROVIN, C B BIA SCTY OF INTERIOR DOI WASH DC
690714
CORRESPONDENCE
STRAUS, J C WILKINSON, CRAGUN
WILKINSON, CRAGUN & BARKI
LAW OFFICES
1616 H STREET, N. W. WASHINGTON, D.C. 20006
NATIONAL 8-4400
CABLE ADDRESS "WILCBAR"
690714
(ILLEGIBLE LINE) JOHN W. CRAGUN (060000-690000) (ILLEGIBLE LINE)
ROBERT W. BARKER CHARLES A. HOBBS (ILLEGIBLE LINE) PAUL S. QUINN LEON T.
KNAUER RICHARD A. BAENEN PERRY C. STRAUS (ILLEGIBLE LINE) (ILLEGIBLE
LINE) (ILLEGIBLE LINE) PIERRE J. LAFORCE RICHARD A. ZIMMERMAN HUGH J.
YARRINGTON KENNETH F. TWOROGER DOUGLAS W. MORRISSON
The Honorable Harrison Loesch Assistant Secretary of the Interior
Department of the Interior Washington, D.C. 20240
Dear Assistant Secretary Loesch:
We hereby resubmit, for approval, our proposed Attorney Contract of
680329, as clarified by our letter of 690616. Enclosed please find the
two copies of the contract returned to us along with your letter of
690630, as well as the endorsements executed by individual allottees.
We are making this resubmission pursuant to an agreement reached at a
conference held in the office of Deputy Assistant Commissioner Charles
P. Corke on 690707.
We have deleted the endorsement of the Quinault Tribe, and we
understand that any approval of this contract will not relate to that
endorsement.
In addition, we have no objection to having payment of our fees under
Paragraph 4(f) subject to Secretarial approval. We request that you
approve the contract subject to the understanding that our fees under
this paragraph will be subject to review and approval by the Secretary
of the Interior or his authorized representative.
Yours sincerely,
WILKINSON, CRAGUN & BARKER Jerry C. Straus
By: Jerry C Straus
Enclosures
cc: Mr. James Jackson Allottees Committee
HEL-009-1301-1301
HEL-009-1301-1301
LOESCH, H DOI
690616
CORRESPONDENCE
HOBBS, C A WILKINSON, CRAGUN
WILKINSON, CRAGUN & BARKER LAW OFFICES
1616 H STREET, N. W. WASHINGTON, D. C. 20006
NATIONAL 8-4400
CABLE ADDRESS "WILCBAR" ERNEST L. WILKINSON JOHN W. CRAGUN
(060000-690000) GLEN A. WILKINSON ROBERT W. BARKER CHARLES A. HOBBS
ANGELO A. IADAROLA PAUL S. QUINN LEON T. KNAUER DONALD C. GORMLEY,
Counsel FRANCES L. HORN RICHARD A. BAENEN JERRY C. STRAUS HERBERT E.
MARKS PIERRE J. LAFORCE RICHARD A. ZIMMERMAN HUGH J. YARRINGTON KENNETH
F. TWOROGER DOUGLAS W. MORRISON
690616
Duard Barnes, Esquire Room 6455 Department of the Interior
Washington, D. C. 20025
Dear Mr. Barnes:
Pursuant to our conference of 690612, we are sending this letter in
order to state in writing our interpretation of the proposed contract
between ourselves and the allottees of the Quinault Reservation. We
think the following conclusions can already be presumed from the
contract as written, but we have no objection to stating our
interpretation in writing, and we intend to be bound by this
interpretation.
Naturally, we do not expect to be compensated under the proposed
contract for work which is already being compensated under our existing
contract with the Tribe. We have particular reference to the Second
Supplemental Agreement, approved effective 670601, whereby the attorneys
are doing some work for the Tribe in the case of Aloha Lumber Corp. v.
Udall. Naturally, all work in that case will be compensated for under
the Second Supplemental Agreement, and not under the proposed contract.
Likewise, we do not expect to be compensated for actions taken by the
Department of the Interior which benefit the Tribe but to which actions
our efforts did not contribute. Therefore, if the Department should on
its own initiative and not as a result of our efforts decide to increase
the stumpage rates or to make refund of the 10% timber charges, this
would not give rise to any right of compensation on our part. However,
we would expect compensation if our efforts were responsible for the
action of the Department.
We agree, and think it goes without saying, that the allottees are
each liable only for an attorney fee based on their pro rata share of
any benefits they receive as a result of the attorneys' efforts. Where
the benefit is something intangible, and not capable of reduction to a
dollar value for each allottee, it may be more difficult to allocate the
attorney fee, but the same principle would apply.
Enclosed is a copy of the minutes of the first allottees' meeting on
680329, at which the proposed contract was approved and the Allottees'
Committee elected. Also enclosed are several previous attorney rate
schedules for our firm. These are changed from time to time by formal
action of the partners. They are considered standard rates for all
clients, in the sense that they would normally apply unless individual
factors (such as ability to pay) indicated a different rate.
Please let us know if we can provide anything further.
Very sincerely, WILKINSON, CRAGUN & BARKER
Charles Hobbs By: Charles A. Hobbs
cc: Allottees' Committee James Jackson Joseph De La Cruz
Enclosure
HEL-009-1302-1303
HEL-009-1303-1303
BARNES, D DOI WASH DC
690812
CORRESPONDENCE
LOESCH, H DOI
690812
Gentlemen:
By letter dated 000614, signed by Mr. Jerry C. Stuart, you submitted
again for our approval a proposed attorney contract under which you
would be retained by certain allottees of trust land on the Quinault
Indian Reservation to investigate and prosecute claims arising from the
United States management of Quinault timber resources. In this letter
you stated that you had no objections to having payment of your fees
under Paragraph 4 pounds sterling of the proposed contract subject to
Secretarial approval, and requested approval of the contract subject to
the understanding that your fees under this paragraph will be subject to
review and approval by the Secretary of the Interior or his authorized
representative. In a previous letter dated 690616, addressed to Mr.
ILLEGIBLE Carnes and signed by Mr. Charles A, Hobbs, you stated certain
interpretations of the proposed contract, and advised that you intended
to be ILLEGIBLE by these interpretations.
We have given further consideration to your proposed contract, and
have approved it subject to the understandings contained in the above
mentioned letters of 690714 and 690616.
Enclosed are two copies of the approved contract. He assume that a
copy will be sent to Helen S. Mitchell, Chairman, Allottee Claim
Committee.
Sincerely yours,
Harrison Loesch Assistant Secretary of the Interior
Wilkinson, Cragua & Barker Attorneys at Law 1616 B Street, N. W.
Washington, D. C. 20006
Enclosures 2
cc: Area Director, Portland, Ore. Secretary's Reading File (2)
Commissioner's Reading file CBRovin/hk 690731
AGREEMENT OF 680329
1. We, the undersigned persons, who now are, or were, or whose
predecessors in interest were, owners of trust land on the Quinault
Indian Reservation (herein we shall be called the "Allottees"), on our
own behalf and on behalf of all other present or former owners of trust
land on the Quinault Reservation, do hereby exclusively retain the law
firm of Wilkinson, Cragun & Barker of Washington, D. C. (herein called
the "Attorneys") to investigate and prosecute all valid claims against
the United States and other partios arising from the management and sale
of all lands and timber, and management of funds, held in trust by the
United States for the benefit of the Allottees.
2. The claims contemplated under this Agreement include, but are not
limited to, claims leading to money awards, such as claims for
accounting, or for refund of part or all of the 10% charges on stumpage
sales, or for damages arising from unauthorized or improvident
practices, decisions and actions by officials of the United States,
especially in the setting of stumpage prices under the various timber
cutting contracts. The claims contemplated also include attorney
services not giving rise to money awards, such as services loading to
injunctive relief, or to renogotiation, amendment or invalidation of the
current timber cutting contracts, or to changes, prospective only, in
the practices or 10% collections by government officials.
3. The Allottees shall each year elect seven members to be an
Allottee Claims Committee, and the Committee may represent and speak for
all of the Allottees in matters relating to the investigation and
prosecution of the claims under this Agreement, except as to a
fundamental question which is defined as settlement of any of the claims
by compromise, or renegotiation of the timber cutting contracts, or
major changes in this Agreement. The Allottees shall meet annually
immediately following the annual meeting of the Quinault Tribe, or on
call of the Claims Committee. Notice of the time, place and subject of
special meetings, and of annual meetings where it is believed that a
fundamental question will be discussed, shall be sent by mail to all of
the undersigned Allottees. A quorum shall be 25 Allottees, but if loss
than 50% of the undersigned Allottees appears in person or by proxy, no
fundamental question shall be finally decided until approved by
referandum. A referendum shall consist of a mailing to all of the
undersigned Allottees at their last known address, a fair description of
the question, a ballot, and a request for return of the ballot. The
ballots returned to the Claims Committee within 30 days, no matter how
few, shall finally determine the question. The undersigned Allottees
agree to be bound by the decision of the Claims Committee on
non-fundamental questions, and by the decision of the Allottees, reached
at a meeting attended by at least 50% of the undersigned Allottees,
otherwise by referendum, on fundamental questions. Vacancies on the
Committee occurring between meetings may be filled by the remaining
members.
4. (a) The Allottees agree to pay the Attorney a retainer fee of
$10,000, in advance, to be applied to legal expenses, including fees of
consultants (other than attorneys) and an additional $10,000 at such
time as the original $10,000 is exhausted (but not sooner than one
year), to be likewise applied; provided, that at the termination of
this Agreement, or the conclusion of all of the claims, if there is any
surplus over and above legal expenses (there is not expected to be any
surplus), it shall be deemed to be fees fully earned by the Attorneys
and not refundable. The Attorneys shall furnish an annual accounting of
expenses incurred under this paragraph.
(b) Whenever expenses exceed the retainers paid to the Attorneys
under the previous paragraph, the Allottees agree to promptly reimburse
the Attorneys for such surplus expenses incurred by them, upon proof of
incurral.
(c) In addition to the foregoing, each Allottee agrees to pay the
Attorneys a quantum meruit fee, which is hereby agreed to be 20% of any
proceeds (including interest) recovered by the Allottee through the
efforts of the Attorneys, whether by class action, test case,
settlement, or otherwise.
(d) It is understood that the Attorneys may in their discretion ask
the court to award a quantum meruit fee (i.e. a fair and reasonable
fee), and to assess such fee pro rata against all Allottees benefitting
from the Attorney's efforts, including those not signig this Agreement.
In the event the court grants the Attorneys' request, the 20% fee agreed
upon herein shall not apply, and the fee awarded by the court (not to
exceed 20%) will govern. It is understood and agreed that if the
Attorneys seek a quantum meruit fee under this paragraph, they will ask
the court to hold that a 20% fee is fair and reasonable, and if the
court so finds, there would be no reduction in the 20% fee agreed to by
each Allottee signatory hereto, even though a greater number of
Allottees would be paying the said 20% fee.
(e) When and if any such proceeds become due to any Allottee, said
proceeds shall be paid to or through the Superintendent of the Western
Washington Indian Agency, and upon receipt of such proceeds, the
Superintendent shall deduct thereform the Attorney fee provided for
under this Agreement, or the fee awarded by the court, whichever shall
apply, together with a pro rata share of any unreimbursed expenses (see
paragraph (b) above), and pay the same to the Attorneys, and credit the
balance of the refund to the account of the Allottee.
(f) The foregoing does not cover the Attorneys' compensation for
services benefitting the Allottees but not giving rise to money awards
(see paragraph 2 above). Compensation for such non-money-award services
shall be at the Attorneys' standard time rates in effect from time to
time, unless some other basis is agreed to by the Attorneys and the
Allottees.
5. The Attorneys shall have the authority to choose the method of
proceeding, whether by class action, test case, series of cases or
otherwise, and to associate other Attorneys (at no additional cost to
the Allottees). The Attorneys shall have the authority to determine the
order in which the claims shall be presented, and to disregard claims
which prove to lack merit.
6. The Allottees hereby request the Secretary of the Interior to
approve paragraph 4 (e) of this Agreement, and such other parts of this
Agreement, including the whole, as may in his opinion require his
approval in order that this Agreement may comply with law. The
Allottees hereby consent in advance to any changes or conditions in this
Agreement made by the Secretary of the Interior which do not natorially
increase the obligations of the Allottees.
7. This Agreement shall not be binding on either party until the
Secretary of the Interior has approved paragraph 4 (e) and such other
parts of this Agreement as may require his approval in accordance with
paragraph 6 above. When such approval has been granted, this contract
shall become effective as of 680329, and shall remain in force until
730331, or until the claims contemplated by this Agreement have been
concluded, whichever date shall sooner occur; provided, that if the
claims have not then been concluded, this Agreement may be extended by
the Claims Committee at the request of the Attorneys for additional
two-year periods.
8. The Allottees or the Attorneys may terminate this Agreement at
any time on 60 days notice (this being a fundamental decision for the
Allottees under paragraph 3 above); provided, that the Attorneys shall
retain any rights to compensation theretofore carried or unreimbursed
expenses incurred under this Agreement; and provided further, that if
the Attorneys terminate the Agreement, they shall refund to the
Allottees any unexpended part of the retainer received by them.
Approved this 680329.
For the Attorneys: Wilkinson, Cragun & Barker
By: ILLEGIBLE A Partner
For the Allottees:
1. ILLEGIBLE Chairman, Allottee Claims Committee
2. Maisy Slade Member, Allottee Claims Committee
3. ILLEGIBLE Member, Allottee Claims Committee
4. ILLEGIBLE Member, Allottee Claims Committee
5. ILLEGIBLE Member, Allottee Claims Committee
6. ILLEGIBLE Member, Allottee Claims Committee
7. James Jackson Member, Allottee Claims Committee
UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF THE SECRETARY WASHINGTON, D.C. 20240
The foregoing agreement made between certain allottees of trust land
on the Quinault Indian Reservation and the law fire of Wilkinson, Cragun
& Barker hereby approved subject to the understandings contained in the
letter of 690714 to the Assistant Secretary of the Interior, signed by
Mr. Jerry C. Straus, and the letter of 690616 to Mr. Duard Barnes,
signed by Mr. Charles A. Hobbis, which are attached to and make a part
of this contract.
690812
ILLEGIBLE Assistant Secretary of the Interior
Shirley 690800
This can be filed - altho ltr. of instructions not written The
instructions mainly pertain in realty and Jess Goodwin is waiting until
he finds out whether the new admin. may establish same policy that
differs from Bennett's
Has the ltr of instruction ILLEGIBLE this can be filed? ILLEGIBLE
ILLEGIBLE
Perry,
This is the latest edition of the "mess" that has resulted from the
Task Force report. We'd best get a going on the letter of instructions
for implementing the task force recommendations with a few safeguarding
controls carefully spelled out. I forget to ask you whether Dan Clark
worked on the letter of instructions while he was on detail with you.
ILLEGIBLE
Wiluca Check this to see about filing
(From Mr. ILLEGIBLE (in cleanup)
RECEIVED
(ILLEGIBLE)
QUINAULT NATION TAHOLAH, WASH.
Earl Wilcox Forestry Branch Portland Area Office Box 3785 Portland,
Oregon 97208
HEL-009-1304-1316
HEL-009-1304-1319
WILKINSON, CRAGUM &
690424
CORRESPONDENCE
JACKSON, J QUINAULT TRIBAL COUN
690424
Honorable Julia Butler Hansen House of Representatives Washington, D.
C. 20506
Dear Julia:
I thought you would be interested in a progress report on the land
purchase program of the Quinault Tribe.
Through your good efforts Secretary Udall appointed a Task Force to
investigate timber and land sales on the Quinault Reservation. As a
result of this study certain recommendations were made and the Secretary
approved them, making this law as far as the Bureau of Indian Affairs is
concerned.
This report will be on one allotment, Christian Penn, No. 1288 - 40
acres, although we are having the same problem with several other
allotments.
One of the recommendations approved by the Secretary was, no timber
sales until a fair road acess agreement was obtained by the Bureau of
Indian Affairs.
The Bureau of Indian Affairs advertised the timber on the Penn
allotment after the Secretary approved the Task Force report, totaly
ignoring the report.
We were successful in forcing the Bureau of Indian Affairs to
withdraw the advertised timber sale, and talked to the owners about
tribal purchase as recommended by the Task Force. The owners agreed to
sell to the tribe (land and timber) in 681200,
Honorable Julia Butler Hansen
690424
The tribe mailed a resolution to the Bureau of Indian Affairs on
690106, indicating we were willing to purchase the Christian Penn
allotment. All the heirs having a share in this allotment contacted the
Bureau of Indian Affairs by mid-January, stating they agreed to sell
this allotment to the Quinault Tribe.
The price agreed on was $40.00 per acre for land, $96,916.00 for the
timber. The price for the land was the B.I.A. appraised value for land
of this type at the time of the agreement. The price for the timber was
B.I.A. forestry appraisal using the latest figure, which at that time
was 3rd quarter, 68 log grade prices. This price is higher than the
B.I.A. used when they were going to sell in the advertised sale. The
negotiated price between the owners and the tribe was the latest B.I.A.
figures at the time.
To this day we have received no official correspondence on this sale,
although the B.I.A. appraisers were on the reservation last week. We
also understand the B.I.A. will come up with a higher figure and than
tell the owners owners that they should go for more money, again totally
ignoring the task force report, and also ignoring the fact that the
agreement was reached in December and the B.I.A. appraisal branch came
from Portland in mid-April.
Julia, the owners of this allotments need their money and the tribe
needs the land, and if we make a profit on the timber, the profits will
be used to purchase more land.
One of Commissioner Bennett's favorite speeches tells of Indian
Tribes doing more for themselves and talks of self-help and
self-betterment, but as long as the Bureau totaly ignores the statements
of the Commissioner, and the ruling of the Secretary, the wishes of the
tribe, and neglects the wishes of the allottees, we can do nothing.
Honorable Julia Butler Hanse
690424
I am fully aware that by being critical of the B.I.A. as I have
been, they are going to strike back and the whole Quinault Tribe
suffers. It is bad enough to have to fight the timber barons for our
reservation but we also have to fight the very people who are supposed
to help us.
We feel our tribe has progressed as much as any tribe in the country,
but we can not make the progress we both want and need as long as we are
held back and kept under the thumb of certain B.I.A. personnel.
I am sending copies to the members of the Task Force, and also to
Mrs. Adeli Martin, Kench, Lillian Pullen, and to Mr. Ed Hobucket, all of
these people are attempting to sell land to the tribe.
Hoping to see you soon.
Sincerely,
James Jackson, Chairman, Quinault Tribal Council
JJ: mef
cc: Task Force Members Mrs. Adeli Martin Mrs. Kench Lillian Pullen
Ed Hobucket
HEL-009-1317-1319
HEL-009-1304-1319
HANSEN, J HOUSE OF REP
690709
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
IN REPLY REFER TO:
Quinault Company
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
690709
Memorandum
To: Area Director, Portland Area
From: Superintendent, Western Washington Agency
Subject: Quinault Company - Weyerhaeuser Project
Enclosed are copies of two letters written to the Weyerhaeuser
Company, Cosmpolis, Washington, discussing two meetings with that
company by a representative of the Quinault Tribe and the Assistant
Superintendent, Hoquiam Field Station. These letters are for
information and any comments you choose to make
(ILLEGIBLE) Superintendent
HEL-009-1320-1320
HEL-009-1320-1330
SUPT W WA AGENCY
690619
CORRESPONDENCE
LOZAR, S A W WA AGENCY
Quinault Company
Western Washing Agency Hoquiam Field Station Post Office Bldg., P.O.
Box 120 Hoquiam, Washington 98550
690619
Weyerhaeuser Company Wood Products Group Cosmopolis Office
Cosmopolis, Washington 98537
Attention: Mr. Vincent Bousquet, Area Manager
Gentlemen:
This letter is written to briefly recap the meeting in your office
690617, between representatives of the Quinault Tribe, Weyerhaeuser
Company and the Bureau of Indian Affairs. The meeting concerned the
contemplated Timber Management Program discussed 690430, and on prior
dates.
It appears that we have progressed toward a general program of
management that is desired by all and now are ready to proceed with a
specific timetable that will implement steps toward the consumration of
the Management Program.
In our discussion, we touched on several methods of consummating our
goals. These were:
1. Outright lease from the allottees with a yearly rental payment
2. Outright lease from the Tribe after the Tribe obtained ownership
3. Outright purchase of the timber plus a base ground rental from
the land owners whether allottees or Tribe.
We wish to reitorate the desires of the Quinault Tribe in that they
very much desire ownership of all lands that they are able to obtain.
With this thought in mind, we believe the most popular program with the
Tribe regarding the individual owned lands will be that program outlined
in our recent undated letter whereby the Tribe would use advanced
rentals to purchase as many interests as possible; and in return, would
simultaneously negotiate a lease with Weyerhaeuser Company with
sufficient tenure to amortize the Company's advanced rental.
In our original undated letter, we anticipated a substantial advanced
rental which would take a number of years to amortize your investment
and still allow the Tribe an income stream of perhaps 20% of the fair
annual rental appraisal, relinquishing 80% of the fair annual appraisal
rental to the Weyerhaeuser Company for the purpose of amortization. Our
meeting today brought forth a more satisfactory financial arrangement to
those in attendance whereby Weyerhaeuser Company may be interested in,
outright purchasing of what timber is now located on any specific tract,
and in addition, paying a ground rental only. This would mean that if
it was necessary to obtain more capital than the value of the timber for
the purpose of purchasing the tract, the advanced rental would not be a
great amount and could be amortized over a lesser period of time
assuring the Tribe more income over the term of the management program.
We discussed a possible lease direct from the allottees in the event
that they are not interested in disposing of their property to the
Tribe. We indicated that a program of this sort would not necessarily
require 100% consent by the owners, more specifically, in the high
fractionated ownerships because of an Act of Congress passed in 400708.
This Act spells out the prerogative of the Secretary of Interior or his
authorized representative in committing the non-consenting heirs share
in specific cases such as; whereabouts unknown; unable to agree upon
lease within 90 days period, etc.
We agreed that under regulations governing the leasing and selling of
Indian land that even though a lease is consumated between allottees and
Weyerhaeuser Company, the Quinault Tribe could still negotiate for the
purchase of the allotment which would have no effect upon the lease
because the sale would be subject to any encumberances thereon.
Our future efforts to proceed with the program are:
1. Obtain the allotment numbers for Weyerhaeuser Company on lands
that they desire within the exterior boundaries of the management area.
2. Obtain from the Records and Control Section of the Bureau of
Indian Affairs land status reports showing names, addresses and
undivided interests of each heir in each allotment.
3. The Bureau of Indian Affairs ascertain the desires of the
allottees in whether they are interested in leasing to Weyerhaeuser
Company or selling to the Tribe.
4. The Bureau of Indian Affairs ascertain the fair market value of
the property and fair annual rental of the property.
This fairly well brings us up to date in the direction we are
proceeding to consummate this comprehensive Timber Management Program.
I wish to thank you on behalf of the Tribal representatives and myself
for the time you and Mr. Ramstead afforded us 690617.
Sincerely yours,
S. A. Lozar Assistant Superintendent
cc: Mr. James Jackson, President Quinault Business Committee
Mrs. Helen Mitchell Superintendent, WWA
SALozar:bmm
Subj Chrono Green Chrono
HEL-009-1321-1323
HEL-009-1320-1330
BOUSQUET, V WEYERHAEUSER CO
600513
CORRESPONDENCE
LOZAR, S A W WA AGENCY
Quinault Land Co.
Western Washington Agency Hoquiam Field Station Post Office Bldg.,
P.O. Box 120 Hoquiam, Washington 98550
690513
Weyerhacuser Company Wood Products Group Cosmopolis Office
Cosmopolis, Washington 98537
Attention: Vincent W. Bousquet, Area Manager
Dear Sir,
This letter is intended to briefly reiterate the contemplated Timber
Management Program as discussed in the meeting with Mrs. Helen Mitchell
and me 690430.
The Quinault Indian Tribe is interested in obtaining as much land as
possible within the exterior boundaries of the Quinault Reservation.
They are very receptive to studying plans that may satisfy their
desires; specifically, the latest one at hand, the Management Program
discussed by your employees, the Allottee Committee and the Bureau of
Indian Affairs.
We understand the Weyerhaeuser Company is interested in managing
acreage in a manner that would produce annual income for the land owners
and a profit for the Weyerhacuser Company. It is understood that the
management will include thinning, perhaps resceding, fertilizing to
increase the productivity of low sites, and utilizing the product in any
one of the manufacturing proccsses available to Weyerhacuser Company.
It is obvious that the fewer number of land owners involved will
provide for a smoother negotiated process involving long-term leasing.
With this in mind, I believe our goal is acquisition of as many parcols
of land as possible by the Quinault Tribe.
At this point, the Tribs is financially unable to purchase an
allotment that will not immediately return their investment plus profit.
Therefore, they are very receptive to any type of financial program
whether through commercial landing, Federal agencies or lessees of their
land holdings. Inasmuch as quick repayment of borrowed funds obtained
from commercial landing institutes is not possible because of the
cut-over nature of the proporty used as security, and inasmuch as
Federal funds appear not to be readily available; it would appear that
the logical financial assistance may be obtained from the lessee of
tribal lands. We give this through to you as a study point whereby
Weyerhaecuser Company may be interested in leasing tribal lands with an
advanced rental payment sufficient in amount to allow the Tribe capital
to purchase the lands from the individual Indian owners or non-Indian
owners. In turn, the Tribe would enter into a long-term contract
sufficient in tenure to allow the Weyerhaeuser Company to amortizo their
advance rental plus profit. It would be necessary when arriving at a
rental schedule that the present worth of future income be decided upon.
It is hoped that the Quinault Tribe could realize a yearly income
throughout the period of amortization. Also, it may be possible for
this to be consummated by allowing 20% of the yearly rental value to be
paid in cash to the Quinault Tribe with the 80% of the yearly rental
being retained by Weyerhaeuser Company for the purpose of amortizing
their investment. The present statutory authority involving leases on
the Quinault Reservation limits its tenure to 50 years. Without benefit
of study, insofar as amortization of your investment, it would appear
that a time longer than 50 years would be needed to amortize your
investment. If this assumption is correct, it will be necessary that
legislation be introduced allowing the Quinault Tribe to obligate their
lands under lease in excess of 50 years.
Another point that we would appreciate your comments on is the
possibility of Weyerhacuser Company turning over to the Quinault Indian
Tribe title to their holdings; in turn, obtaining a long term operating
contract. It may be possible that your operations on non-taxable trust
property could be cheaper when owned by the Tribe than owned by
Weyerhacuser Company in a taxable status. However, I believe a
lease-hold tax would be applicable.
The overall project appears to have merit. It appears that something
along this line is needed to assure the land owners a revenue and is a
project that the Quinault Tribe and the Bureau of Indian Affairs are
extremely interested in pursuing further.
I wish to thank you for the wonderful flight by helicopter over the
Quinault Reservation, and also the time afforded Mrs. Mitchell and me in
discussing this project.
Sincerely yours,
(SGD.) S. A. LOZAR Assistant Superintendent
SALozar:bmm
Subj Chrono Green Chrono
cc: Mr. Jackson Mrs. Mitchell Forestry, Hoquiam
7/14: M. Barthelon of 302 called to say page 10 is missing from copy
of 680919 memos illegible 101 & 301 to 302 our copy ends with page 9
too; so Margaret is sending us a copy from Real (ILLEGIBLE) copy.
330 - Thanks
000626
Sent copy of 680911 memos to Mr Taylor, then Mr Corke 690626. memo
(ILLEGIBLE)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON 25, D. C.
OFFICE OF THE DEPUTY COMMISSIONER
Mr. Corke Phil could I see a copy of the task force report on
"Quinault Land and Timber Sales"? Thanks
(ILLEGIBLE)
690625
HEL-009-1234-1330
HEL-009-1320-1330
BOUSQUET, V W WEYERHAEUSER CO
690625
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
Forestry 67-1-3-339.4
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690625
AIRMAIL
Hon. Henry M. Jackson Chairman, Committee on Interior and Insular
Affairs United States Senate Washington, D. C. 20510
Dear Mr. Chairman:
Your 000529 inquiry to the Commissioner of Indian Affairs on behalf
of Mesdanes Yvonne T. Short and Lois B. Oliver, owners of property in
the Point Grenville Area in the Quinault Reservation, was referred to
this office for reply.
With our letter to you dated 690619, we indicated that a report was
forthcoming from the Western Washington Agency. Enclosed is a copy of a
letter dated 690620, from John Benedette, Acting Superintendent, Western
Washington Agency, accompanied by photographs of the area in the
vicinity of the property of Meedames Short and Oliver.
The land in question is no longer in trust status, having been
purchased in 620000 by Greenacres, Inc. The developer, a Mr. W. W.
McKae of the J. W. Construction Company, has apparently complied with
requirements of the Washington State Department of Natural Resources
with regard to land clearing and slash disposal and he has indicated
that many trees will be planted around the development.
The enclosed pictures show portions of the development and the
vicinity of the slash fire that occurred on 000522. It is the opinion
of personnel of the Western Washington Agency that there has been no
indiscriminate destruction of natural areas in the immediate area of the
development and that burning of piled slash resulting from the clearing
operations will not endanger buildings and surrounding timbered areas
when done under the supervision of personnel of the Washington State
Department of Natural Resources.
Sincerely yours,
(Sgd) A. W. Galbraith Area Director
cc: Commissioner, Attn. Forestry Program (2)
HEL-009-1331-1331
HEL-009-1331-1334
JACKSON, H M US SENATE
690620
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
690620
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Dear Mr. Baldwin:
As requested in your letter of 690610, we are furnishing you with
information relative to issues raised in letters from Senator Jackson,
Deputy Assistant Commissioner Corke, Yvonne T. Short and Lois B. Oliver,
pertaining to reported burning of slash and indiscriminate destruction
of natural areas on the Quinault Reservation.
The area in question is located in Lot 1, Section 18, Township 21
North, Range 12 West, Willamette Meridian, Washington, and is along the
highway in the Point Grenville area about 3-4 miles south of the village
of Taholah, Washington. This tract of land, which was originally a
trust allotment, was purchased by Greenacres Inc. of Seattle in 620000
under the Bureau of Indian Affairs Supervised Land Sale Program. The
area was originally logged during the early years of the 300000's under
the Point Grenville Timber Sale Contract. The area now supports second
growth timber.
About 20 acres have been cleared for homesite purposes by Mr. W. W.
McKee of the J & W Construction Company of Seattle. We feel quite
certain that Yvonne T. Short and Lois B. Oliver would have inquired of
the Developer's plans for the area and of the amount of clearing
necessary for home construction. From experience in this immediate
area, we have witnessed severe windthrow of standing trees close to the
Pacific Ocean, particularly during violent winter storms. Certainly
single trees left standing near buildings could inflict considerable
damage to property, and even life, if they were blown down during a
windstorm.
Since the land was alienated, we checked with the State Department of
Natural Resources regarding the clearing of land covered by inflammable
material. We were informed that the law states that any land covered
wholly or in part by inflammable debris created by logging or other
forest operations, land clearing of right-of-way clearing, and which by
reason if such concentration is likely to further the spread of fire and
thereby endanger life or property, shall constitute a fire hazard. The
owner thereof and the person responsible for the existence shall abate
such hazard. Abating the hazard in land clearing is usually done by
piling and burning. This is accomplished when the weather is such that
there is a minimum of risk. Sometimes there is a sudden change in the
weather and a high wind develops and the fire escapes as it did on
690522. The State tries to predict what may happen and controls the
burning when a permit is issued. Mr. A. W. Frischett, the State Fire
Warden who issued a permit on 690515, has had many, many years of
experience with this type of land clearing operation. At the time, the
burning index was 21 and the relative humidity 42, indicating safe
conditions.
Our inspection of the area revealed many trees left standing near the
ocean side of the property and between the property and the highway.
The Developer has no intentions of felling these trees. He stated that
he will plant many trees once the area has been developed and the roads
are in, which will add considerably to the esthetic value of the
property.
Enclosed are nine (9) colored pictures which were taken showing the
cleared area and surrounding standing timber. As a result of our
inspection of the area, we do not believe there has been any
indiscriminate destruction of natural areas in the immediate area of the
development. We also are of the opinion that the burning of piled slash
resulting from the clearing operations which is subject to close
supervision and inspection by State Department of Natural Resources
personnel will not endanger buildings and surrounding timbered areas.
Sincerely yours,
John B. Benetto Acting Superintendent
Enclosures
CAPTIONS FOR PICTURES
1. Stump remaining from snag which was felled to extinguish the fire
burning in the top.
2. The same stump as Picture No. 1, which also shows two young
evergreen trees burned.
3. View of the snag fire location which is to the right of the
burned trees; house in left background is owned by Yvonne Short and
Lois Oliver.
4. Standing on the location of the trash fire and looking southeast
across the clearing toward the location of the snag fire.
5. Looking east into the backyard to where the snag was standing
before being felled.
6. Looking southwest from in front of the houses toward the ocean.
7. Looking east from in front of the houses toward the main highway
and which is just left of the snag fire.
8. Standing on the location of the trash fire, and looking northwest
across the clearing.
9. Looking northwest from in front of the houses towards the ocean,
which is through the trees.
HEL-009-1332-1334
HEL-009-1331-1334
BALDWIN, D M BIA PORTLAND
690623
CORRESPONDENCE
BALDWIN, D M BIA PORTLAND
Forestry 67-1-3 - 339.4
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
AIRMAIL
Hon. Henry M. Jackson Chairman, Committee on Interior and Insular
Affairs United States Senate Washington, D. C. 20510
Dear Mr. Chairman:
Your 000529 inquiry to the Commissioner of Indian Affairs on behalf
of Mesdames Yvonne T. Short and Lois B. Oliver, owners of property in
the Point Grenville area on the Quinault Reservation, Washington, was
referred to this office for investigation and reply.
We have been advised by our Western Washington Agency that they are
experiencing considerable delay in making a reply due to the complexity
of the information required. Their report pertaining to slash burning
and indiscriminate destruction of natural areas on the Quinault
Reservation is to be in our office on 690623.
A complete report will be forwarded to you at that time.
Sincerely yours,
(Sgd) Dole M. Baldwin Area Director
cc: Commissioner, Attn. BCCO 140
HEL-009-1335-1335
HEL-009-1335-1335
JACKSON, H M US SENATE
690610
CORRESPONDENCE
NORWOOD, J L BIA WASH DC
Forestry 791-67
690610
Hon. Julia Butler Hansen House of Representatives Washington, D. C.
20515
Dear Mrs. Hansen:
The enclosure summarizes some of the highlights of the Forestry
efforts on the Quinault Reservation last year.
The statistical tables which support the brief narrative show that
the 680000 timber harvest from the reservation broke all previous
records, with a total cut of 203 million board feet and stumpage
receipts of $4,071,300.
Because of your concern for the need for improving forest practices,
you will be interested in noting in the report the increasing emphasis
on stream clearance and the modest planting accomplished last fall.
Sincerely yours,
(Sgd) J. L. Norwood Acting Deputy Commissioner
Enclosure
cc: Area Director, Portland (2) 103 300 Surname Forestry Chrony
Mailroom Chrony Holdup - 1482-67 Pt. 2-C PESKarra:wm 690606
FORESTRY ACTIVITIES QUINAULT INDIAN RESERVATION CALENDAR YEAR 680000
TIMBER SALES:
Crane Creek and Taholah Units:
During 680000, the greatest work load was expended on the
administration of the Crane Creek and Taholah Timber Sales and other
sales on the Quinault Reservation. From the Crane Creek Unit,
81,688,000 board feet of timber, for a value of $1,823,170 was
harvested. On the Taholah Unit, 91,675,000 board feet of timber, for a
value of $1,458,326 was harvested. Because of the appeal by Aloha
Lumber Corporation of the stumpage rates made effective 660101,
instructions were received to withhold the difference between the rates
made effective 641201 and those rates made effective 660100 in a special
account. In 680400, a decision was made between the Secretary and the
purchaser whereby part of the receipts being withheld were released.
The value of this difference for 680000 is $240,686.65. The value of
this difference since Aloha's appeal in 660000 is $852,851.25.
Logging plans of ITT-Rayonier Inc. and the Aloha Lumber Corporation
were received in 681200. The review involved inspection of the logging
blocks in the field, on aerial photos and cut-out comparisons with
logged-over blocks. The size and shape of the blocks, terrain, timber
types and condition classes, percent of species and other factors were
taken into consideration. Volume by species were estimated. In
recommending approval of the plans, special requests were made where
necessary for the operators to take maximum care in logging to keep
streams clear of logging debris and to protect fish populations.
Special requests by allottees to have their allotment logged or
partially logged were considered wherever possible.
Short Term Sales:
A total of 2,768,000 board feet of timber was harvested from the
Quinault Reservation. The value of the timber cut was $86,370. One new
timber sale of 699,000 board feet was approved, with an estimated value
of $15,302. Four contracts were completed during the year.
Seventeen Special Allotment Timber Cutting Permits were issued having
an estimated volume of 24,652,000 board feet and an estimated value of
$688,661.00. One allottee received $82,319.15 over the appraised price
of $110,080.85.
Free-Use Permits:
Twenty-seven free-use cutting permits were issued during the year, of
which 26 pertained to allotted lands and one for Tribal lands. Products
cut under these permits consisted mostly of cedar shakeboards.
Estimated volume removed was 1,350,000 board feet, for a value of
$13,500.
Percentage composition of all timber removed during the year was as
follows: Western redcedar - 59.5%, Pacific silver fir - 4.3%, Western
hemlock - 32.1%, Western white pine - 1.8%, Sitka spruce 1.4% and
Douglas-fir - .9%, and a small amount of red alder.
OTHER ACTIVITIES:
Salvage operations on the Crane Creek and Taholah Logging Units
produced a total volume of 6,216,000 board feet for a value of $42,251.
Of this amount, the number of shakeboards produced was 1,864,294 for a
volume of 3,728,000 board feet, and a value of $31,047, 16,905 lineal
feet of poles, containing 73,000 board feet, and a value of $16,905 and
4,598 cords of pulpwood for a volume of 2,415,000 and a value of
$10,021.
In 681200, a reforestation project was performed on portions of the
Raft River fire area. One thousand acres were handplanted by contract
to Douglas-fir and Sitka spruce seedlings, at a rate of 500 trees per
acre. Ninety percent of the stock planted was Douglas-fir.
FOREST INVENTORY:
During the year, six allotments were cruised for timber sale
purposes. Twenty tracts were cruised for Special Allotment Timber
Cutting Permit. Ten tracts were cruised for the Branch of Realty.
Twelve tracts for right-of-way purposes were cruised. Eight inspections
of experimental plots was also accomplished.
CHECK SCALING:
Approximately ten percent of the total log scale production on the
Quinault Reservation was check scaled during the year. The difference
was 0.21 percent which shows that the Grays Harbor Scaling Bureau
scalers are performing an acceptable job.
STREAM CLEARANCE:
Special attention continues to be directed toward the problem of
stream clearance and the observation of logging adjacent to streams to
eliminate accumulations of logging debris in the streams. Stream
clearance requirements in contracts are being spelled-out more
specifically than in the past.
FIRE PROTECTION:
The State of Washington continues to protect all forest lands in
Western Washington. The total number of fires on all reservations was
eight, burning a total of four acres.
SAFETY:
Although one automobile accident occurred, there were no lost time
accidents in the Branch of Forestry for 680000.
Don W. Clark Forest Manager
Noted & Forwarded:
John B. Bendetto Acting Superintendent
HEL-009-1336-1339
HEL-009-1336-1339
HANSEN, J B HOUSE OF REP
690609
CORRESPONDENCE
CORKE, C P BIA WASH DC
690609
Forestry
Mr. Dale M. Baldwin Area Director, Portland, Oregon 97208
Dear Mr. Baldwin:
This is in reply to your letter of 690219 which contained proposal
for implementing recommendations in the special task force report on
"Quinault Land and Timber Sales."
Your initial proposal was for two additions to 25 CFR 121, which
would pertain exclusively to sales of trust lands on the Quinault
Reservation. However, your letter also included substantial argument as
to why it would be unwise to make such additions to the CFR, without
establishing firm guidelines for exercising the special authorities
which are requested. Accordingly, we are withholding our approval of
the reocmmended additions, pending the approval of firm written
guidelines by the Secretary of the Interior. It is also possible that
such guidelines will obviate the need for the proposed additions to the
CFR.
Your second proposal relates to procedures for accomplishing "the
intent" of the task force recommendation, which states: "We recommend
that the same right of bid refusal be extended to Indian Owners under
future Quinault Reservation timber sales."
We cannot agree that the procedure you have recommended does, in
fact, comply with the intent of the task force recommendation. The
first two reasons you have advanced for not complying with the task
force recommendation relate primarily to logging units which contain
more than one allotment, or which contain contractual provisions for
periodic adjustments of stumpage. These reasons are not realistic for
the individual allotment ownership conditions in the area of the Queets
Logging Unit, which contains most of the merchantable old growth timber
not already under the two existing long-term contracts. We believe that
difficulties and delays which occured in the sale of timber in the
Emerson Logging Unit can be avoided in future sales of timber without
deviating from the specific procedure recommended by the task force.
Sincerely yours,
(SGD) CHARLES P. CORKE Commissioner Deputy Assistant
HEL-009-1340-1340
HEL-009-1340-1340
BALDWIN, D M BIA PORTLAND
690606
CORRESPONDENCE
CORKE, C P BIA WASH DC
FORM 5-387
670400
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
CENTRAL OFFICE ROUTE SLIP
SUBJECT
Ltr. AD Portland re proposals for implementing recommendations in the
special task force rpt. on Quinault Land & Timber Sales
FROM
Earle R. Wilcox, Forestry 330
PHONE 33163
DATE ROUTED 690526
Table not keyed, see original
COMMENTS
Draft for your comments We have no objection regarding that fashion
ruling to R.P.M.
690527
690606
Forestry 791-67 BCCO 140
Hon. Henry M. Jackson Chairman, Committee on Interior and Insular
Affairs United States Senate Washington, D. C. 20510
Dear Mr. Chairman;
Thank you for your 000529 inquiry on behalf of Mesdames Yvonne T.
Short and Lois B. Oliver, who own property in the Point Grenville area
on the Quinault Indian Reservation, Washington.
We have asked our Portland Area Director to inquire into land
development and slash burning practices in that area, with particular
regard to Mrs. Short and Mrs. Oliver's concern as to destruction of the
natural beauty of the area, and to send a report direct to you.
Your enclosure is herewith returned.
Sincerely yours,
(Sgd) Charles P. Corke Deputy Assistant Commissioner
Enclosure
cc: Portland Area Director (2) w/cc enclosure. Note: Send 2 copies
of your reply to this office, attention: BCCO.
300 BCCO Surname Forestry Chorny Mailroom Chrony Holdup
AMWall/bjr:690606
Sincrosay
HEL-009-1341-1342
HEL-009-1341-1342
JACKSON, H M US SENATE
690529
CORRESPONDENCE
JACKSON, H M US SENATE
Forestry
791-67 BCCO-140
UNITED STATES SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
WASHINGTON, D.C. 20510
690529
Honorable Robert L. Bennett Commissioner of Indian Affairs Department
of the Interior Washington, D. C.
My dear Mr. Commissioner:
Enclosed is a copy of a letter I have received from Mrs. Yvonne T.
Short and Mrs. Lois B. Oliver, of Seattle, Washington, regarding control
of developers of land and burning of slash on the Quinault Indian
Reservation.
I would appreciate your checking into this matter and providing me
with a report at your earliest convenience in order that I may
correspond further with my constituents.
Sincerely yours,
Henry M. Jackson Chariman
HMJ:gbs Enclosure
HEL-009-1343-1343
HEL-009-1343-1344
BENNETT, R L DOI BIA WASH DC
690525
CORRESPONDENCE
OLIVER, L B
690523
2128 B N. 130th Seattle, Washington 98133 690525
The Honorable Henry M. Jackson 137 Old Senate Office Building
Washington D. C. 20510
Dear Senator Jackson:
We are Interested in information regarding the control of developers
of land, the burning of slash and indiscriminate destruction of natural
area on the Quinault Indian Reservation.
We purchased property at Point Grenville in a development in 660000
called Pt. Grenville Estates, W. W. McKee of J & W. Construction Company
of Seattle as the developer. At the time of purchase, it was a
delightful natural timber-underbrush area, today it doesn't have one
standing piece of timber or underbrush, looks like a flat field in
Eastern Washington desert. Isn't there anything that can be done to
stop this destruction?
Also last Thursday, 000522, the developer burned slash and burning
debris fell on our neighbors, burned a beautiful cedar snag, standing
timber, threatened our house and timber area; What is the liability,
protection for us?
Yours truly,
Yvonne T. Short
Lois B. Oliver
HEL-009-1344-1344
HEL-009-1343-1344
JACKSON, H M US SENATE
690523
CORRESPONDENCE
BENNETT, R L BIA WASH DC
Forestry
Mr. Donald H. McGavick Attorney at Law Puget Sound Bank Building
Tacoma, Washington 98402
Dear Mr. McGavick:
By letter dated 690219, you submitted a petition of appeal on behalf
of Mr. James J. Hill, of Humptulips, Washington. The appeal related to
action taken by the Portland Area Director to have the bid proposals and
deposits for the Emerson Logging Unit, Quinault Reservation, Washington,
returned to the respective bidders, a new appraisal prepared, and the
unit then readvertised for sale.
Our review of the record shows, among other things, the following:
1. The advertisement for sale of the Emerson Logging Unit contained
provisions that reserved to this Bureau the right to reject any and all
bids.
2. The advertisement did not contain provisions giving Quinault
Allotment owners the right to purchase the timber for less than the high
bid of a non-Indian, nor the right to meet the bid of a non-Indian.
3. Mr. Hill's proposal for purchase of the unit was less than the
high bid submitted by Timber Traders, Inc.
4. In the 681213 meeting at Taholah, the Allottee Committee offered
no objection to negotiating a sale with Mr. Hill; however, the
Committee also recognized other interest in the timber sale, and they
left the final decision to negotiate or readvertise with the Area
Director.
In view of the continuing rise in log market values during the months
that have elapsed since the unit was last appraised, we concur with the
decision that a new appraisal be prepared, and that the unit be
readvertised for sale. Such action is in keeping with the Federal
Government's trust responsibility for the Indian resources.
Accordingly, your appeal from the Portland Area Director's decision is
hereby denied.
Sincerely yours,
(Sgd) ROBERT L. BENNETT Commissioner
cc:
Mr. James J. Hill Box 190 Humptulips, Washington 98552 Area Director,
Portland (2) 300 Surname Forestry Chrony Mailroom Chrony Holdup
ERWilcox/SMCrosby:wm 690520
690321
Mr. Taylor called yesterday afternoon. Carlson in Hansen's office
had talked to Jim Jackson, and apparently Jackson isn't happy about what
our plans are for the Hobucket land.
If I understood Mr. T. correctly, Jackson wants to pay the $128,000
that Hobucket agreed to, and then, if they sell the timber for more than
anticipated, they will pay Hobucket "the difference."
Taylor said he would discuss it with us to see if the mechanics could
be arranged of if there were problems involved - or whatever.
Mr. T said he didn't see much sense to this, they might as well open
to bid and have the tribe meet the high bid (if that's what had been
proposed?).
Please call Mr. T this morning, so that he can get a response to
Carlson as soon as possible.
# 5233
SUMMARY CONCERNING PROPOSED PURCHASE OF EDWARD HOBUCKET ALLOTMENT BY
THE QUINAULT TRIBE
During the past year the Quinault Tribe, with the cooperative support
of the Bureau, has been attempting to develop a tribal logging
enterprise. To obtain timber necessary for this enterprise, the tribe
recently has been trying to negotiate the purchase of the Edward
Hobucket Allotment, Quinault No. 1519, at the appraised fair market
value. On 681104, the allotment was appraised at a total value of
$103,000, a preponderant portion of which was represented by the value
of standing timber.
Prior to completion of the negotiation, the Bureau received a copy of
a letter in which the Anderson & Middleton Lumber Company advised Mr.
Edward Hobucket, the owner, that the company would purchase the timber
from him for $153,000, provided he (Hobucket) obtained a special
allottee permit. A third offer for purchase was received from Mr. Mike
Tobin, an Indian allottee, although not a member of the Quinault Tribe.
It appeared that Mr. Tobin, whose offer was $153,500, was using his
status as an Indian to "front" for a non-Indian timber operator.
A number of meetings were held in an attempt to resolve the problems
which could arise if the sale were negotiated with the tribe for
substantially less than the highest offer received. The problems were
more complicated because Mr. Hobucket has changed his mind a number of
times concerning the sale, and because his record indicates that at
times, particularly when under the influence of alcohol, he may be
considered as lacking in the ability to handle his own personal affairs.
The Portland Area Director also has stated that Mr. Hobucket might well
receive more than $153,000 if the timber were offered for sale on the
open market.
The following developments occurred during a meeting on 690207: (1)
Mr. Tobin agreed to withdraw his offer, (2) the tribe agreed to pay Mr.
Hobucket $128,000, or $25,000 more than the 681104, appraised value (but
still $25,000 less than the Anderson & Middleton offer), and (3) Mr.
Hobucket agreed to accept the tribe's offer of $128,000.
By a letter of 690311, Mr. Ray Rickey of Anderson & Middleton advised
the Portland Area Director that his company was still willing to pay Mr.
Hobucket $153,000 for the timber and that the company might get
sufficient export sale backing to offer a higher bid if the market trend
continues.
Tribal leaders contend that the Anderson & Middleton offer was made
in order to prevent development and operation of the tribal enterprise.
The Department is here confronted with the dilemma represented by it
desire to assist the Quinault Tribe in its enterprise efforts and its
primary trust responsibility which dictates that it protect the
interests of the individual Indian owner by obtaining the highest price
in the sale of his property.
DOCUMENTATION
(Telephone Call or Personal Visit)
Person(s) called or visited and station: Ken Hadley, Portland,
Oregon
Person(s) calling or visiting and station: Art. Woll
Date and Time: 690312 - 1:25 p.m.
Purpose of Call or Visit: Dictated following letter to Edith:
Anderson & Middleton Lumber Co., Aberdeen, Washington 690311
U. S. Department of the Interior Bureau of Indian Affairs P. O. Box
3785 Portland, Oregon 97208
Attention. Mr. Dale M. Baldwin
Gentlemen:
Confirming our previous offer we are prepared to pay $153,000 for the
cutting permit from Edward Hobucket Jr. on Allotment #1519.
There is a strong possibility that we can obtain export backing for a
higher bid if the market continues to improve.
Very truly yours,
Anderson & Middleton Lumber Co. R. Ray Rickey
Comments or follow-up action:
Use this form to document both incoming and outgoing calls or visits.
BE BRIEF. Use longhand - one copy only- file in subject file. When
appropriate, have copy made to confirm instructions or directions given
field offices.
Route to appropriate branch or Assistant Area Director before filing
if
HEL-009-1345-1349
HEL-009-1345-1350
McGAVICK, D H
690213
CORRESPONDENCE
COMM BIA WASH DC
BUREAU OF INDIAN AFFAIRS DEPARTMENT OF THE INTERIOR WASHINGTON, D.C.
1492201 RES. MGMT. 690000
DALE M. BALDWIN, AREA DIRECTOR BUREAU OF INDIAN AFFAIRS PORTLAND,
OREGON
REURLET 690213 RECOMMENDING APPROVAL NEGOTIATED SALE QUINAULT
ALLOTMENT 190000, KEWARD HOBUCKET TO THE QUINAULT TRIBE. YOU MAY
PROCEED UNDER YOUR DELEGATED AUTHORITY TO APPROVE THE TRANSACTION IF YOU
ARE SATISFIED IT IS IN THE BEST INTERESTS OF THE OWNER AND THE QUINAULT
TRIBE, AND YOU HAVE ASCERTAINED THE OFFER FROM ANDERSON & MIDDLETON IS
NO LONGER IN EFFECT.
COMMISSIONER
690312
Not sent
When notice of Anderson Middleton continued interest received.
ILLEGIBLE
690311 - 1:45 p.m.
HEL-009-1350-1350
HEL-009-1345-1350
BALDWIN, D M BIA PORTLAND
690219
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
RECEIVED
690224
Real Property Management Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690219
Commissioner of Indian Affairs Washington, D. C. 20242
Sir:
Consistent with recommendations contained in the Special Task Force
Report on "Quinault Land and Timber Sales," it is requested that there
be included in Part 121 of 25 CFR an appropriate section exclusive for
the Quinault Reservation which would provide that:
a. Indian owners of trust or restricted lands of the Quinault
Reservation may, with the approval of the Secretary, convey their lands
to the Quinault Tribe or to another Indian of the Quinault Reservation
for a consideration that is less than the appraised fair market value.
The Secretary will not approve such conveyance at less than the
appraised fair market value if any grantor who is party thereto does
not, in the judgment of the Superitendent, meet the competency
requirements of Part 121.2.
b. If the purchaser is the Quinault Tribe, or is an Indian of the
Quinault Reservation, and the title to be acquired is to remain in a
trust or restricted status, a sale may be made or approved with consent
of the Indian owner on a deferred payment plan with the initial payment
by the purchaser to be not less than 5 percent of the purchase price in
advance. Terms for the payment of the balance shall be as mutually
agreed upon between the contracting parties in the sale subject to the
approval of the Secretary of the Interior and consistent with Public Law
88-301 (78 Stat. 186-187, as amended). If the purchaser on any deferred
payment plan makes default in the first or subsequent payments, all
payments, including interest, previously made will be forfeited to the
Indian owner(s).
A stated objective of the Quinault Tribe is to keep Indian lands in
Indian ownership and to acquire and maintain a tribal land base for
Quinault Indians. We support this objective, but find need for
direction in meeting situations which have developed, and which may
continue to develop. We seek clarification or an expansion of task
force recommendations for negotiated sales of trust property when such
sales relate to land which bears a harvestable crop of merchantable
standing timber.
A substantial number of the tracts of allotted land available for
purchase on the Quinault Reservation support a mature crop of
merchantable timber. In exercise of the trust responsibility, we find
it difficult for us to support a land management policy which fails to
fully promote sale of the timber crop for the benefit of its owner or
which without evidence of substantial offsetting benefits permits the
crop to be sold at less than the highest price obtainable in the
competitive market. Under today's markets, few owners, either Indian or
non-Indian, possess sufficient knowledge of value to negotiate land
transactions which include the sale of a standing timber crop. It is
not difficult to conclude from an examination of market data that the
land normally contributes very little to the price being obtained for
timber properties.
Currently, the influence of the export demand on competition for
timber is unprecedented, and its dollar effect upon the market for any
particular tract of timberland is extremely difficult to estimate. The
effect of a specialized export demand is difficult to project with any
accuracy into any appraisal of value furnished to the Indian owner for
his use in negotiations at some near future date. The export market as
it affects any particular tract is learned only when its timber has been
exposed to market competition. It is for this reason that the appraised
value furnished to the Indian landowner fails to be an accurate forecast
of the obtainable market price at the time negotiations are concluded.
We are strongly inclined to suggest that the appraised value of
timberland should not be employed by any Indian owner as an upper limit
to be reached by him in his negotiations for sale.
The market situation related to lands bearing marketable timber is
such that we find it difficult for us to sustain a position for their
negotiated sale. We believe that if the Bureau's responsibility as a
trustee is dual in character, then Indian owners should be advised to
seek open market competition for the timber corp. That is to say, we
regard the mature timber crop as a market commodity which can, and
should be separated in sale from the commodity we identify as "land." We
find no objection to the sale of "bare or cutover land" through the
negotiating processes. However, timber owners realize the maximum in
monetary return from their timber crop when they have, by invitation to
bid, fully explored the competitive market. However, we do support a
position that the Tribe and individual Indians should always be accorded
a preference right to meet the high bid received for the timber,
provided this is the expressed wish of the individual owner.
It is our hope that problems attendant to carrying out task force
recommendations can be resolved in a manner that does not violate the
property rights of the individual Indian in order to accomplish
satisfaction of the Tribe and individual Indian purchasers. We strongly
believe that the Tribe should be provided assistance in reaching its
goals, but that no tribal objective attained should be at the expense of
any Indian individual or his heirs.
With reference to timber sales, we are somewhat concerned about the
recommendation appearing at the top of page 9 of the Task Force Report
which states, "We recommend that the same right of bid refusal be
extended to Indian owners under future Quinault Reservation timber
sales." We believe the decision to offer, and minimum acceptable rates
for such offering, should be made prior to the bid opening. Our belief
is based on the following:
a. Logging units which are an aggregate of allotted or allotted and
tribal lands have interdependent aspects as to development and maximum
stumpage values.
b. Where periodic stumpage adjustments are provided for under
certain contracts, rates are dependent upon future market conditions not
known at the time of bidding.
c. The Bureau and the bidders will have taken considerable time and
expense to arrive at a bid point and this could be entirely lost by a
bid refusal.
The allotted timber owners could be satisfied as to the terms of the
timber offering by other means, and the following guides are suggested:
a. Initial consideration of a logging unit would decide whether
problems on consent of allottees are evident. If they are, a
solicitation of opinion would be made to the allottees by letter, not a
power of attorney.
b. Upon decision as to the lands to be included in a logging unit,
the Forest Officer's Report would be made previous to the soliciting of
powers of attorney.
c. The power of attorney would then be prepared and state the
estimated volumes, suggested advertised rates, and suggested minimum
rates. Accompanying would be other information to the allottee which
would enable them to make an informed decision in the signing of the
power of attorney.
In our judgement, the intent of the task force recommendation would
be met in adopting the above suggested alternative.
In the event the right of bid refusal subsequent to the opening of
bids for timber sales is felt desirable following necessary review, it
will need to be clear as to what constitutes a bid refusal, especially
where multiple ownership is involved. It took many years to obtain
legislation involving the sale of trust timber with the approval of a
majority interest of trust owners. We are hopeful that it was not
intended that less than a majority of trust ownership could stop a sale
by a refusal to accept a bid.
Sincerely yours,
A. W. Galbraith Acting Area Director
HEL-009-1351-1354
HEL-009-1351-1354
COMM IND AFFAIRS BIA WASH DC
690213
CORRESPONDENCE
BALDWIN, D BIA PORTLAND
RECEIVED
690217
Economic Development
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND 8, OREGON
ILLEGIBLE
690213
AIRMAIL Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Deputy Assistant Commissioner, Economic Development
Sir:
Please refer to our teletype of 690108 and our letter "with the
several attachments" of 690117, concerning the proposed purchase of
Quinault Allotment No. 1519 by the Quinault Tribe.
On 690203 the Area Director, Assistant Area Director (Economic
Development), and the Assistant Superintendent, Hoquiam, met with the
Tribal Council; Allottees' Committee; Mr. Hobucket, owner of Allotment
No. 1519; Mike Tobin; and Mr. Stewart, an attorney representing
Hobucket and Tobin, to hear the various representatives discuss the
proposed land sale. No decisions were made as this was a meeting held
for discussion purposes only.
On 690207 Assistant Superintendent Lozar met with Mrs. Helen
Mitchell, Joe DeLa Cruz and Mike Tobin. (See attached memo to files).
Again on 000210 a meeting was held and included, among others, Mr.
Edward Hobucket and Mr. Tobin. As a result Mr. Tobin withdrew his offer
to purchase Allotment No. 1519 and Mr. Hobucket agreed to accept an
offer of $128,000 made by the Quinault Tribe. (See attached
statements).
This allotment was appraised as of 681104 with the fair market value
at $103,000. Because of the export timber market the value would be
somewhat higher on today's market but would not equal the $25,000 above
the appraisal price the tribe has now offered.
We would have no trouble approving the sale to the tribe were it not
for the letter of 690106 from Anderson & Middleton Lumber Company
offering Mr. Hobucket $153,000 for the timber if he would obatin a
timber cutting permit. We are also reasonably certain that were the
timber advertised on the open market the allottee might well receive
more than $153,000.
Employees of this office also remember the "Gold Beach" sale of a
number of years ago and the resulting scandal although the situations
are not entirely similar. Various lumber companies may question and
protest our actions through congressional representatives or the press.
Because of the difficulties we have had in completing this sale,
including the offer of the timber company, the frequent change of mind
of the allottee indicating that he can be easily influenced, our desire
to help the tribe secure a land base, and our responsibility to the
individual, we are referring the proposed sale to your office for your
guidance.
In view of the Commissioner's interest in tribal development and in
consideration of the long range development plan which the tribe is
implementing, we recommend that the sale be approved by the Commissioner
unless there is an impelling reason this cannot be done.
Sincerely yours,
Dale M. Baldwin Area Director
SECTION C - Capital
1. SOURCE OF FUNDS
The capital of the Enterprise shall be composed of:
(a) Upon the creation of this Enterprise, the assets and liabilities
(Balance Sheet) will be as follows:
CASH . . . . . LIABILITIES
LAND . . . . . CAPITAL
TOTAL ASSETS TOTAL LIAB. & CAPITAL
(b) Such other funds and property as may be advanced, given or loaned
by the Tribe (which is the legal owner of the Enterprise) or from other
sources.
(c) The accumulated savings and losses of the Enterprise operations.
2. TRIBAL FUNDS
The original investments of Tribal funds and lands in the Enterprise,
as shown in a balance sheet listed above, shall be taken up on the
accounting records of the Enterprise as capital investment. This
investment shall not bear interest or provide for a repayment schedule
by the Enterprise to the general funds of the Tribe. Further advances
of Tribal funds to the Enterprise may be made on either a loan basis,
with a repayment schedule and bear interest, or be on a basis of
additional capital investment in the Enterprise. Determinations of
whether further advances of Tribal funds shall be on a loan basis or a
capital investment basis, shall be made by the Business Committee at the
time such loan or advance is to be made. If any additional capital
investment is made in the Enterprise, provision therefore shall be made
in the annual Tribal budget, which requires approval of the Secretary or
his authorized representative. Any loans made by the Tribe to the
Enterprise shall be from Tribal funds authorized for credit purposes in
the Tribe's approved budget or from Revolving Credit Funds borrowed from
the United States in accordance with 47 IAM-7 and 47 IAM-9.
3. NON-BUREAU FUNDS
Subject to the approval of the Business Committee and Area Director,
the Enterprise may borrow money from commercial or private lenders,
foreign or domestic, and pledge the income of the Enterprise as security
thereof. These funds would generally be used for long term
improvements, long term crops, purchase of land or other productive use
related to Enterprise lands. The Board will, when submitting a loan for
approval by the Business Committee and the Area Director, provide
information outlining the feasibility of such a loan specifying how and
when the loan will be repaid with interest from the revenue of the land
purchased or other Enterprise income.
SECTION C - Capital (con't.)
4. ANNUAL BUDGETS OF ENTERPRISE
Each year, not later than 000601, the Board will prepare a budget,
for presentation to the Business Committee showing:
(a) Estimated expenditures from last previous budget.
(b) Actual expenditures incurred under last previous budget.
(c) Estimated expenditures for the ensuing year.
(d) Estimated operating profit for the ensuing year.
(e) Capital investment items (separately from operating items). Upon
approval by the Business Committee and the Area Directors, the budget
will constitute the Board's authority to make disbursements thereunder.
Modifications to the budget shall require the same approvals. The Board
may not enter into any contract nor obligate the Enterprise except as
specifically authorized in the budget or by the Business Committee.
5. DISTRIBUTION OF EARNINGS
All earnings shall be closed out to a surplus account of the
Enterprise.
6. PER CAPITA PAYMENTS
No per capita payments may be made by the Enterprise.
7. TRANSFER OF SURPLUS FUNDS
It is not anticipated that the Enterprise will have funds available
for transfer to the Tribe for Tribal purposes for some time to come.
When the Enterprise does find itself where its cash position is in
excess of its needs, funds may be transferred from the Enterprise to the
Tribe's general fund to replace the capital investment of the Tribe in
the Enterprise. Any transfer of funds by the Enterprise to the General
Funds of the Tribes shall be shown in, and authorized in annual budgets
approved in accordance with subsection 4 thereof.
HEL-009-1355-1356
HEL-009-1355-1372
COMM IND AFFAIRS DOI BIA WASH DC
690207
CORRESPONDENCE
LOZAR, S A BIA
U. S. GOVERNMENT USE ONLY
690207
THE FILES
S. A. Lozar Assistant Superintendent
Meeting between Helen Mitchell, Joe DoLa Cruz and Mike Tobin re: Ed
Hobucket Allotment
A meeting was called with the subject persons by the Assistant
Superintendent for the purpose of further explaning to Mr. Mike Tobin
the future plan of the Quinault Tribe insofar as their anticipated
involvement into land and timber purchases. It was reiterated to Mr.
Tobin that the Tribe and their allottee backers would fight to the
United States Congress any attempt by a lumber company to outbid or
cause a sale loss to the Tribe by using Indians for broker purposes.
Mr. Tobin advised the group that he was not aware of the goals of the
Tribe and would very much like to be with the Tribe rather than fighting
them. He stated he is Indian but not Quinault. He also stated he was
in a predicament because he was on the tail and of a job and for this
reason was fighting for his livelihood. He indicated that he feels much
better now, and his desire is to work with the Tribe.
Mr. Tobin stated he owes nothing to Anderson and Middleton Lumber
Company even though they are the source of his capital. He indicated he
is able to decide on any course he wishes to take without their
(Anderson and Middleton) influence. He also indicated that Anderson and
Middleton realize they would be cutting into their profits a great deal
by paying $153,500 for the Ed Hobucket property but were willing to go
higher if they had to because they definitely want the logs.
Mr. Tobin was told that the Tribe had temporarily stopped his
purchase of the Lilliam Tucker Allotment until it was proven that he was
eligible to buy as an Indian.
At this point, Mr. Tobin advised them he only has a labor contract,
no equipment, and is not harnessed with the worry of owning equipment.
He was told by Helen Mitchell and Joe DeLa Cruz that he could get the
same contract from the Tribe. He was also told that if he withdrew from
the Ed Hobucket sale and the Lilliam Tucker allotment sale, the Tribe
would immediately enter into the purchase of the Lilliam Tucker
allotment and could give him a logging contract on the Tucker allotment.
Mr. Tobin asked who would harvest the Hobucket allotment. Mrs.
Mitchell stated that if she had to up the Tribe's offer, she would log
it in conjunction with the Elizabeth Rolfson Allotment.
Mr. Tobin indicated he is also dealing for the Queets Jack Allotment
with Anderson and Middleton money. Joe DeLa Cruz advised him that the
Tribe owns an undivided interest in the allotment, and he would have no
chance unless a logging contract was obtained through the Tribe. The
Tribe indicated a possible ownership by purchase of the remaining
interests, and it is very possible Mr. Tobin could be given the
contract.
My observation is that Mr. Tobin realizes the Tribe can delay
operations on the Reservation for a considerable length of time through
their political influence. Mr. Tobin also realizes he can do as well by
obtaining contracts from the Tribe as at present. He also realizes he
could be dropped by Anderson and Middleton whereby Mr. James Jackson has
indicated they will work hard for the Indian logger, including Mr.
Tobin.
Mr. Tobin showed a great deal of interest in the Tribal proposal. He
said he was hit hard when Mr. Jackson told him he (Tobin) "stabbed the
Tribe in the back." Mr. Tobin, at this point, reitorated he was not
aware of the Tribe's goal and thought his fight was with Helen Mitchell
because she "took one away from me previously." Mrs. Mitchell told Mr.
Tobin if the fight was between them, he would have been out a long time
ago.
Mr. Tobin advised the group that he would be at the General Council
Meeting Saturday, 690208, and would have an answer at that time. He
seemed very pleased with the meeting as did Mrs. Mitchell and Mr. DeLa
Cruz.
(SGD) S. A. LOZAR Assistant Superintendent
cc: Area Director, PAO - as per direct telephone request.
U. S. GOVERNMENT USE ONLY
HEL-009-1357-1358
HEL-009-1355-1372
FILES
690212
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
Land Purchase Program Quinault
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
690212
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Dear Mr. Baldwin:
As a result of a meeting 690203, and subsequent meetings with the
Quinault Tribal Council, Mr. Hobucket, Mr. Tobin, the Allottee Committee
and officials of the Bureau of Indian Affairs, the enclosed statements
have been obtained from Mr. Tobin and Mr. Hobucket.
It is our recommendation that the wishes of the principals involved
be carried through with the least possible delay, and that the
transaction be consummated as suggested by the Commissioner of Indian
Affairs in his discussion with the Chairman of the Allottee Committee.
You will note that the final action in this transaction will make the
Quinault Tribe owner of the land and timber which is consistent with our
interpretation of the Quinault Task Force Report.
Sincerely yours,
John B. (ILLEGIBLE) Acting Superintendent
Enclosures: 6
STATEMENT OF MR. EDWARD HOBUCKET
690210
I, Edward Hobucket, understand because Mr. Mike Tobin has withdrawn
his $153,500 offer to purchase my timbered allotment, the offer by the
Quinault Tribe is a fair price being at $128,000. The amounts to be
paid are $103,000 as shown on the deed and $25,000 as a voluntary
deposit into my account.
Mr. Tobin advises that there is a possibility that there may not be
$153,500 value in timber on the allotment; consequently, I accept the
offer of the Quinault Tribe.
Signed (ILLEGIBLE)
Witness Joseph DeLa Cruz
Witness James M. Strom
(ILLEGIBLE)
STATEMENT BY MR. MIKE TOBIN
690210
The reason for my withdrawal is I understand what the Tribe is doing,
and I didn't before. I don't want to stand in the way of their
operations so I am going to withdraw my offer on the Edward Hobucket
allotment and also the Lillian Tucker allotment.
I want to coopeate with the Tribe in any way I can further their
operation.
Signed (ILLEGIBLE)
Edward Nouchet
James M. Strom
HEL-009-1359-1361
HEL-009-1355-1372
BALDWIN, D M BIA PORTLAND
690214
CORRESPONDENCE
PAO
Form 5-338
530700 45136
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 chennels.
TO Commissioner.
FOR ATTENTION OF: MR. PHIL CORKE, DEPUTY ASST. COMMISSIONER (EC.
DEV.)
FROM Portland Area Office
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION: Area Director
DATE: 690214
SUBJECT Further information re letter dated 690213, Quinault
Allotment No. 1519 which was forwarded your office yesterday.
MEETING REGARDING THE EDWARD HOBUCKET ALLOTMENT SALE
QUINAULT TRIBAL OFFICE, TAHOLAH, WASHINGTON
690203, - 1 p.m.
Those in attendance were:
QUINAULT BUSINESS COMMITTEE - James Jackson, Chairman Joe DeLa Cruz,
Business Manager John Shale, Member Clarence Pope, Member
ALLOTTEE COMMITTEE - Helen Mitchell, Chairman Anna Koontz, Secretary
Daisy Slade, Member Clark Reed, Member Francis McCrory, Member
BUREAU OF INDIAN AFFAIRS - Dale M. Baldwin, Area Director A. W.
Galbraith, Asst, Area Dir. S.A. Lozar, Assistant Supt.
OTHERS - James Stewart, Attorney Edward Hobucket, Allottee Mike
Tobin, Negotiator Jim Strom, Worker for Mike Tobin
The meeting was called to order by Mr. Jackson.
Mr. Jackson: Shall we get into this? Who wants to start out?
Mr. Lozar: I would like to thank the Council for taking time to meet
this afternoon and the Allottee Committee for their participation in
this meeting. I would also like to thank Mr. Hobucket and Mr. Tobin,
Mr. Baldwin the Area Director and Mr. Galbraith, his Assistant.
The purpose of this meeting is to share with all concerned the Tribal
Land Purchase goals; to share with all concerned the thoughts of Mr.
Hobucket concerning the Tribal goals; and to share the goals of the
negotiator, Mr. Tobin. I hope the meeting can be an honest and frank
one, and that we can get 100% participation from those in attendance.
The contents of the meeting, I am sure, will be shared with
Commissioner Bennett inasmuch as he has been aware of this particular
negotiated sale and is interested in this case.
Briefly, we will discuss the allotment of Mr. Hobucket's, which is
heavily timbered, and the desires of the Tribe to purchase said
allotment. The Tribe has indicated in many instances a fear of losing
their identity as a Tribe because of the rapid alienation of lands as
well as their inability, at the present time, to increase their land
base in a method they desire. These thoughts were shared with a special
task force formulated by the
Secretary of Interior, and this task force indicated that the Tribe
should try to purchase all the land possible. The reason the Quinault
Tribe is interested in purchasing both land and timber is that they may
realize a profit and invest this profit in some of the cut-over lands.
Mr. McCrory: I don't think it takes a pair of 20-20 vision eyes to
see what is being done to our Quinault Reservation. It is quite a
simple operation for a tribal member to act as a go-botwoon to gain or
make purchase for other than himself. A lot up there (indicating map)
are allottees but don't live on the Reservation. It is easy for others
than a tribal member to go ahead and put up a large sum of money. We
are beginning to scrutinize and evaluate. Some of our tribal members
should re-evaluate their positions. We should ask some of our allottees
here if they are going to sell us down the river or act as good American
Indians.
Mr. Jackson: I don't like to be told by these "timber barons" that
cannot get this timber or have access to it. I might say the Quinault
Tribe is in a struggle for our land base. Everything we do on this
Reservation, our policy, is to keep our land. When we met with the Teen
Council, the first question one asked was "How can we get this land
back?" We will settle for nothing less than everything in the
boundaries. As far as I am concerned, we are not going to be told we
are not going to have a Reservation.
Mr. DeLa Cruz: The tribe has been able to acquire two pieces of
property since I returned. Last year 81 million board feet was taken
off Crane Creek; 91 million board feet off of the Taholah Unit. Three
million dollars, and very little stayed on this Reservation. I do not
think this is right.
Mr. McCrory: I have been working for Rayonier for 10 years. You
can't imagine how many times I have been approached to act as a front
for the company. I could have used my influence as a tribal council
member. Think of the future for our children. Take a good hard look.
Mrs. Mitchell: I would like to have the members of the BIA sit
around the table so they can see the maps we have.
For those of you that don't know, I am the Chairman of the Allottee
Committee to work with the Tribe and help the Tribe in the program they
have set forth.
Since I have started working in the timber business, I have had a few
disputes with these companies. In our committee meetings, from time to
time, we consider any property that has come up for sale. We inform
them (the Allottees) of our experience and get them to work with the
Tribe.
The committee met in the BIA office in Hoquiam in which Mr. Tobin,
among others, met at this time. He has stated that he was willing to
work with the Tribe. I looked into his application, and he owns an
allotment in trust. I own an allotment in trust for forty years. To
me, this is quite a little. The only way I can hold this land is as
long as there is a Tribe. The Tribe is struggling. This is one of the
things that is going to decide whether we are going to stand as a Tribe
or go down with the Tribe.
The Council goes out of its way to help us--court cases to preserve
the right of the Indians that share this Reservation.
When Eddie (Hobucket) went to Everett to make application, he
indicated one of the things he wanted done was to fix his leg. I am
amazed that our Health Service did not take Eddie to the Marine Hospital
for help. Eddie digs clams and fishes. I shudder to think what would
become of his job if the Quinault Tribe did not stand behind him. When
I talk about Eddie, I not only talk about Eddie, but also hundreds of
Indians. If the Quinault Tribe had not gone through litigation, we
would not have any fishing here.
I have studied the CFR 25. I would hate to see this go into
litigation. The only way it describes and Indian is, "'Indian' means
all persons who are members of, or are eligible for membership in, an
Indian tribe under Federal jurisdiction and which tribe has not voted to
exclude itself from the Act of 340618 (48 Stat. 984, as amended, 25
U.S.C. 461, et seq.)." The negotiated sale+++"one, sale to an Indian, an
Indian tribe or to the immediate family."
I am sure Mr. Tobin, you wonder why the Tribe takes this kind of
action. The succession of events as they happened: A letter from a
logging company requesting the sale of this property to them offering
almost any amount of money. Yet, there has been a recent offer above
this one.
I have a deep need for the Tribe not only for myself but for my
family-owned property in trust at Crane Creek. The Tribal Council has
been always here when they would have been with their families or at
work. It is no picnic trying to keep the Reservation intact. I realize
that financially this puts Eddie in a real rough spot.
The Tribal Council had a meeting in which they stated they could not
go over the appraised price. I would be willing, if the Tribe still
does not feel it can go beyond that price in order to keep Eddie with
the Tribe, I would be willing to make up the difference.
The contract that Rayonier and Aloha has states that Indians will be
employed at the same wages, etc. I feel it should be enforced. In this
category, I think Mr. Tobin would be in line. This would not only be
under the Crane Creek but the Aloha contract. I think it is available
to any Indian logger that wants to log.
We want to educate our young. This is what I would like to see.
There is plenty of other State land and forests. I don't know what the
BIA is for.
Mr. Lozar: Repeat again about Mr. Tobin.
Mrs. Mitchell: With Mr. Tobin, where there is an Indian preference
job, if they want that job, it should be handed over to them.
Mrs. Mitchell: I have been staying at the Lake because of some of
the work we have had to do. I was a little bit upset with what I found
in my mail box.
Some of you probably remember the little dispute I had with the
logging company. The only reason I am bringing this up today is because
it comes in with what the Tribe is going to do. I think our young
people should be out and working too.
I have noticed that there is an allotment right here in the Taholah
unit and another allotment maybe two miles from Mr. Hobucket's (pointing
to the map). It hasn't been two years since the timber came off this
Taholah unit. When that timber company put its logs on the ground,
their attorney talked dollars and cents. We finally talked around, and
I made my own deal with them. Even after I went out, the BIA still held
to the unbelievable amount. The thing I received in the mail was a
cutting permit with the same volume of timber as that Taholah unit with
a price that you wouldn't believe. You would think that some of these
"paper shufflers" perhaps should do for the Indians, not see what they
can get out of them. The thing I want more than anything else is for
everyone to understand.
It is a tough decision to make. I am very thankful that everyone got
out here today to hear what we really think. Unless they can pick up a
piece of property that they can make a profit on and pick up some of the
vital lands, we (the Tribe) are in tough shape. We have tried three or
four times. Either papers are shuffled too long or maneuvered to long.
Our committee is going to work with all of us. The Task Force report
stated that all branches were willing to work with the Tribe. I would
like to find out if it is dollars and cents. I will be willing to pay
it. We are hopeful that they were big enough to say what the Tribe
wants, we will go along with. I hope we get something concrete out of
this meeting. As far as that, any of us could have been bidding
individually, if we did not want to see the Tribe get this.
Mr. Jackson: As far as bidding goes and paying the money, we take
the position that this was done for spite and spite only. We cannot pay
any allottee more than any other Tribal member. We would show him what
there is to be made, and we would work out something with him. It is
not only land sales, it is just one of the problems; land sales, treaty
rights, education, you name them. We are not about to give up. Once
you get right down to it, you can think as a white man or an Indian.
Mr. McCrory: Evaluate more on timber. Primarily on ways we went to
get the $103,000 for Mr. Hobucket. We went the right way. If the land
was actually worth $150,000 why didn't the company offer it at first?
On Crane Creek there is very few fee patents now. Some of these
contracts will be ended in 790000. What we don't know, a lot of hemlock
will be coming up. In 40 years, it can be harvested for pulp. A lot of
these children will be realizing something off this regrowth. These
kids are not going to have this to look forward to in the coming years.
Mrs. Mitchell: I was asked what I would be offering. I would not be
offering for the Tribe. You have no objection to that do you?
Mr. Jackson: No.
Mr. Stewart: I am not sure what your procedure is. I was schedule
to be at your meeting last week. Do I understand that the purpose of
the meeting is to discuss the negotiated sale?
Mr. Jackson: Let me say this, I wasn't aware there would be any
attorneys present or need to be present. We do not have our attorney
here.
Mr. Stewart: I talked with Earl Allen in Everett and advised him
that I was requested to be present. I am sorry if my discussion of the
matter is not in any of the legal matters. I am personally acquainted
with Mr. Jackson.
I would like to say, that personally I am in great sympathy with the
remarks of Mrs. Mitchell as expressed here. I know that at the present
time the land would be sold and alienated from the Tribe has bothered
many and the fact the Reservation could become a thing of the past. My
sympathies are with the Tribal Council, and I would like to see that
everything is done to help them. As I understood that the eligibility
of the negotiation of sale will not be discussed.
In particular, in regard to Mr. Hobucket's letter, it is the same as
the Tribe. Mr. Hobucket does not plan to alienate the land. In that
letter it specifically stated that they meant the land to be put back in
trust status. All I know is that they had sales in Everett. They would
bid and the one with the most money would have it. Mr. Hobucket wishes
to sell his land, and where he can make the most money.
Mr. James Strom worked with Mr. Tobin for four years. I am sure that
they did not have any council to have a preference for Indian workers
than they would have for Mrs. Mitchell.
The sale is still in keeping with the second goal of the Tribe. The
values that were bad for you under the "paper shufflers" when you
negotiated on your own, that you got more money, it might be to Mr.
Hobucket's advantage to put it up for competitive bidding and put the
things in the contract that the Tribal Council wants. This way, he has
been offered $153,500. It would be fair to let them get the maximum
amount and see that the land is available and afterwards the Tribal
Council make some agreement for the land with Mr. Hobucket. As the bid,
as presented at this time, this is not the problem. If there are any
questions I could answer ++++ perhaps on the negotiated sale being
accepted or put it up for competitive bid.
Mr. Jackson: I don't know if you are aware of it, there is no such
thing as a competitive bid because of the road agreements. It would
cost $3.50 per thousand to use the road.
Mrs. Mitchell: I hope you people don't miss the whole point like
someone did. Like I said at the meeting Mr. Tobin attended. The
Committee was aware that Mr. Tobin was not eligible but if he had Indian
people working for him, we are willing to work with him. There has been
a little information,. We are putting ourselves in jeopardy. The only
competition we have had is negotiated sales. The prices you will be
getting for Mr. Hobucket would be as depressed as the others. There are
allottees getting one-third of the price they should have gotten because
of the situation. Money, unless people know how to use it, is a
detriment. The only interest is not in keeping this property in trust,
it is making some money. They (the Tribe) have to get some of these
tracts to make money to get some of the other lands to work with. There
is more to being put down to making a living for yourself. It isn't
just gaining one piece of property in trust.
Mr. Baldwin: Mr. Stewart, is your office in Aberdeen or Hoquiam?
Mr. Stewart: Montesano
Mr. Baldwin: Do you represent Mr. Hobucket?
Mr. Stewart: Attorney for Mr. Hobucket and Mr. Tobin.
Mr. Baldwin: Do you have any interests in any companies here?
Mr. Stewart: I am in with Raft River, Rain Forest and Robert Gray
Shingle Mill, I have handled contracts with many of the others.
Mr. Lozar: Who requested you to attend?
Mr. Stewart: Mr. Tobin
Mr. Lozar: When Mrs. Mitchell was discussing the alienation of land,
I don't think she was specifically talking about Ed's allotment. Her
statement was of a general nature to review the whole land situation on
the Quinault Reservation. The reason the Tribe wants to buy land and
timber is because a profit can be made from the timber so other parcels
can be purchased, including the cut-over lands.
Mr. Stewart: The way I understand it is you would like to have the
allottee (Eddie Hobucket) sell the timber and the land to the Tribe at
$103,000 and the $50,000 stay in the Tribe at a loss of $50,000 to Mr.
Hobucket.
Mr. Lozar: That is not what was said. What was said was that the
Tribe wants to deal in timber for a profit purpose.
Mrs. Mitchell: I doubt that there would be much profit after paying
that amount.
Mr. Lozar: Ed, What do you say to this?
Mr. Hobucket: Tobin agreed to give the land back to the Tribe.
Mr. McCrory: We are on the threshold, we are in the balance. It
isn't primarily dollars and cents, it is primarily land if we are to
continue as a Tribe. It is dollars and cents which will be selling us
down the river when we can offer the initial price of $103,000. You can
see that big business has entered into it.
Mr. Dela Cruz: I mentioned that over 3 1/2 million dollars has left
this Reservation. Hardly any of this money comes back to this
Reservation.
Mr. Jackson: Let me sum up the Tribal position. We offered the
appraised price. We have to treat all our allottees alike. After
completing logging, we will sit down and show them. If there was more
money, we will figure something else.
Mr. Baldwin: Mr. Tobin, do you have logging equipment?
Mr. Tobin: Yes.
Mr. Baldwin: Do you have much logging equipment? Mr. Tobin: No.
Mr. Baldwin: Do you have the logging equipment for a set up of this
size operation?
Mr. Tobin: I have a set up with Taylor Brothers.
Mr. Baldwin: Do they process the logs?
Mr. Tobin: No, I started logging in the Raft River Area since '62
Mr. Baldwin: Do you get this on rental basis?
Mr. Tobin: I lease on a rental basis.
Mr. Baldwin: How do they make their charge?
Mr. Tobin: So much a thousand.
Mr. Baldwin: Is this the only timber company you have a tie-in with?
Mr. Tobin: Yes.
Mr. Baldwin: Who do they sell to?
Mr. Tobin: Anderson & Middleton.
Mr. Baldwin: Mr. Hobucket, we have had a telephone conversation;
but we are not very well acquainted. What do you think about all this?
Would you like to talk to me privately? Do you want to talk to me
privately or separately?
Mr. Hobucket: Yes, privately.
Mr. Jackson: Our decision is that after this meeting is over, it is
strictly up to Mr. Hobucket.
Mr. Tobin: What is going to happen now? Anderson & Middleton has
moved in two sides of their own. If I can't buy our contract, I will
have to find something else.
Mr. Baldwin: I just want to visit with Mr. Hobucket to make sure
that Mr. Hobucket understands what is being said here.
MEETING REGARDING THE EDWARD HOBUCKET ALLOTMENT SALE QUINAULT TRIBAL
OFFICE, TAHOLAH, WASHINGTON 690203
AFTER MR. HOBUCKET, MR. STEWART, MR. TOBIN, MR. SHALE AND MRS. TOBIN
HAD LEFT.
Mrs. Kootz: I went to see about getting a road right-of-way. She
(the allottee) didn't know. She thought to sell the land and everything
because someone in the BIA said it could not be willed to her children
without going out of trust. She hasn't decided what to do about it.
This is just out of the Aloha Unit, Mrs. Myra Hudson. She didn't say
where she got the information. She was up here the first week of
001200.
Mr. Jackson: Our point is that we feel there should be some changes
in the staff in Forestry.
Mrs. Koontz: After visiting with Mrs. Hudson, we visited with her
father. He was told that he could get a cutting permit whenever he
wanted to, and his money would be there whenever he wanted. He was
dealing with Anderson and Middleton.
Mr. Jackson: I have been talking with Forestry people about road
rights-of way, and the company was talking about it that evening.
Mr. Baldwin: Can you name names?
Mrs. Kootz: I wasn't there personally so I can't name names.
Mr. Reed: They wont help you find ways to do it, they always have
reasons why you can't do it.
Mr. Jackson: By the time you finally convince some of the people,
the Eisenhower administration was out and back in again. We feel we
need a more positive approach.
Mrs. Mitchell: I don't see how they can look at their own records
and come out with these (stumpage rates).
Mr. McCrory: Before I became interested in any tribal matters, I can
just relate one incident that happened. My uncle had an $1800 check
sent to him from the BIA office. My uncle's name was S. H. Charlie. My
uncle spent the money, and three or four months later someone else
wondered about the money. It so happened that it wasn't his (uncle's)
money. The Superintendent said it was a mistake and he had to pay it
back. The mistake was on the part of the BIA, but they put his timber
(the uncle's) up for sale, paid back the money and gave him what was
left over. That is why the Allottee Committee was formed--to screen
some of these things.
Mr. Jackson: We are in the process now of an answer to the Land
Program. If a meeting should come, we would like to have the
Superintendent or the Assistant Superintendent come along. We will show
him around.
We have a meeting coming up Saturday. I don't know if anyone else is
coming or not. Anyone with any ideas should be here to talk about them.
Helen Mitchell: One of the things the Tribe is going to fight is on
this paper shuffling. We have to move. We can't wait against these
business men.
Meeting adjourned 4:15 p.m.
Recording Secretary: Betty M. Murphy
HEL-009-1362-1372
HEL-009-1355-1372
COMM BIA CORKE, P BIA
681122
CORRESPONDENCE
SKARRA, PE BR OF FORESTRY
Forestry 791-67
681102
Commissioner of Indian Affairs Through: Assistant Commissioner,
Economic Development
Chief, Branch of Forestry
Quinault - Proposal for Bureau acquisition of private road rights
Serious problems encountered by the Quinault Tribe and by allottees,
in the development of their lands, including timber harvest, stem from
difficulties involved in obtaining use of privately-owned (non-Indian)
roads in the Queets area of the reservation. Use of these roads at
reasonable toll rates has been a source of dissatisfaction and
continuing complaint from the allottees and tribal leaders. In a report
dated 680919, the Special Task Force on Quinault land and timber sales,
appointed by the Secretary, identified the difficulties encountered by
the Indian because of the lack of "adequate Federally controlled access"
in the Queets area. It was the opinion of the Task Force that these
private roads have tended to discourage competition, resulting in the
Indians receiving less than fair value in the sales of their land and
timber. Timber sales at the request of the owners have virtually come
to a standstill. The Task Force recommended that the Bureau
"aggressively negotiate with the owners of access roads in the Queets
Unit to obtain third party use agreements which are as favorable to the
Indian people as possible."
While some improvements have been realized in isolated cases,
negotiations with the road owners have generally not produced
satisfactory results. While the Bureau may negotiate "aggressively," it
lacks any real position of strength. As one employee expressed it,
"It's like going into a rock flight with a pocketful of marshmellows."
At best, the use arrangements can usually be worked out only on a
case-by-case basis. While, the Bureau should continue efforts to
improve the use agreements, attention should also be directed toward a
permanent solution.
To provide for orderly and reasonable-rate road use in the Queets
area, I believe the Bureau should explore the possibility of acquiring,
by purchase or grant, the key roads in the area.
Such an undertaking would involve the following:
1. Determination of legal authorities available to the Bureau for
purchase and acquisition of existing roads.
2. Adequate engineering surveys to determine the transportation
needs, and type and condition of existing roads.
3. Study and analyses of all rights-of-way granted in the Queets
Unit by the Bureau.
4. Negotiations with owners of the roads to acquire by purchase or
grant the private interests and rights-of-way.
5. Designation of the roads for public use as part of the Bureau
reservation road system.
6. Provision for adequate maintenance of the roads acquired by the
Bureau, with or without a use charge to timber haulorn.
7. Possibly some construction to link some of the acquired roads, to
improve access.
It is not possible to estimate the cost of acquiring the necessary
roads until the surveys and analyses indicated above have been
completed.
Construction costs for permanent-type timber roads in the area have
been running from $10,000 to $35,000 per mile, with the average at about
$20,000. Negotiations for un-amortized private interests and
outstanding rights-of-way may possibly result in acquisition for a
fraction of the construction costs. With possibly 40-50 miles of
existing key roads to be considered, the project could run to $500,000
for acquisition alone.
The Branch of Roads would, of course, need to determine the
engineering features and provide the expertise in the negotiations.
The Bureau has constructed very few roads on the Quinault
Reservation, Most of the reservation roads are old, reconstructed
logging roads, or old logging roads which received some Bureau
maintenance services. The Bureau has constructed no roads in the Queets
Unit. Limited funds have occasionally been expended for maintenance of
a low standard, truck trail built by the CCC along the coast, south of
the village of Queets.
It has been held that highway construction funds available to the
Bureau can not be used for timber access. In keeping with this view,
the GAO has kept a sharp eye on road expenditure in Indian timbered
areas. The Bureau has accepted this limitation on construction funds;
and, consequently, the Indians themselves have had to pay for timber
harvest roads. This has been a key deterrent to development of Indian
timber (BIM and Forest Service both get timber access money). Quinault
with the allottee situation, is a prime example of developmental
difficulties due to the lack of access.
We believe there is more involved than just timber access in the case
of the Quinault, especially in the Queets Unit. The tribe and allottees
are restricted in the use, development, and enjoyment of their land
tracts. If their lands were not timbered, there would be no question of
the authority of the Bureau to build roads to serve them. The situation
in the Queets area is now such that properly engineered and controlled
roads are necessary for purposes other than strictly timber harvest
needs. Land development and recreational demands are coming to the
fore. The serious forest fire in 670000 (the worst in over 25 years)
illustrated the need for better road management. The fire spread in
slash along the private roads because of improper cleanup. Roads are
also needed by the Bureau in carrying out its administrative
responsibilities.
Perhaps most importantly the Indian owners should have reasonable
access to thier lands. In the past few years, there has been a
tremendous surge of interest on the part of the Indian on the Quinault
in development of their lands. They should not be denied the
opportunities to help themselves because of access problems. I believe
acquisition of key private roads, with the Bureau providing reasonable
road management, would do much toward solving the present predicament.
Perry E. Skarra Perry E. Skarra Chief, Branch of Forestry
cc: 300 Surname Forestry Chrony Mailroom Chrony Holdup
PESkarra:wm 681121
Action Pending on Emerson Logging Unit Contract.
On 690318 I requested that PAO send background information regarding
the James Hill appeal on the Emerson Logging Unit. The following are
needed for record.
1. Advertisement - so that Mr. Hill can be advised that the ad.
contained a proviso that the Area Director could reject all bids (if it
does)
2. Information concerning advising Mr. Hill that his bid (or offer)
had been rejected. Was it in writing? What date? By whom?
Appeal was submitted with A.D. letter of 690303. that the Realty
Branch of the BIA is not on our side. The Realty Branch, BIA,
encourages land sales and while we were successful in having one man
transfered, his staff is just as bad as he was and we will continue to
work on this in the future. When the BIA people and the white people
come around and want to buy your land you should really give that some
serious consideration because we have a third of our reservation gone
now and a Tribe without a land base is not going to remain a Tribe. So
you people think about this when you are encouraged to sell your land.
And talk to Joe DoLaCruz, or any of the Business Committee or me on any
of these problems because sometimes what you hear from the BIA is not
the whole truth.
On the law and order problem. One of the problems we have is not the
policeman here in the village but the head law and order man in the
Hoquiam Office. There is a Bill in the House of Representatives which
will allow the state to give back jurisdiction to the tribes, we will
work on this and I think we are in a position of strength with the State
Senators and Representatives where we can do this; however, before any
agreement is reached of any kind on jurisdiction, it will be brought
before the Tribe for approval, rejection, or changes. The Business
Committee cannot do this, we can recommend but we cannot sign our name
on anything that is as important as law and order. The people will be
informed in plenty of time and if we can get some of our jurisdiction
back, we will do so.
As far as future planning goes, you heard Joe DeLaCruz when he said
we are coming up with some plans. We hope to be funded by OEO. We
might be funded under BIA where we can contract for services through the
Bureau and do the planning for the reservation. And if that is not
possible, we are going through the Economic Development Administration
for a grant on planning and we want to so this with our own people. I
might also point out that under the Economic Development Administration
it is called for the setting up of a committee and it calls for some
minority races to be represented.
Woman: Are the beaches going to be closed this summer.
James Jackson: I would think so, yes.
Woman: When will we know.
James Jackson: We base any decision on the closing and the opening
of the beach on a study made by the Federal Biologist who recommends
when this be done.
I might also point out that when the Business Committee appoints this
five man committee, we will give you plenty of notice so that anyone
that wants to sit in on those meetings and have a voice and help in the
drafting of any regulations that are presented to the Tribe will have a
chance to be heard and make their recommendations and really what it
boils down to is that you will help do it.
Elizabeth Cole: When the Tribal roll is completed, I think each
member of the tribe should be issued new blue cards. We have a lot of
cards out that shouldn't be out.
Anna Koonts: I would like to suggest just one thing. That when the
new blue cards are issued out, each blue card should have a picture of
the person on the card.
James Jackson: Is there anything else on Tribal business of any kind
that anyone wants to talk about?
There was some discussion on hunting on the Cook Creek Road and white
people fishing blueback illegally on Lake Quinault.
Joe DeLaCruz: The Community Services Committee here in the village
asked me to present this problem to the General Council. It is about
vacant lots in the village. There are lots that have had no
improvements on them for years and they should be reverted back to the
Tribe. The people who have these vacant lots tied up should give them
back to the Tribe because there are no lots available for the three
houses that have been funded for the Public Health Service doctor, nurse
and dentist. Also, for our police officers' trailer and possible
houses.
Rachel Johnson stated that she would make a present of her mother's
lot if her sister and brother would sign the contract. (Corner lot on
Main Street) Blanche McBride: We have not heard a report from the
Tribal Enterprise.
James Jackson: Manager is not here today, otherwise there would be a
report. I will make a request that he attend the next meeting and give
a report.
Blanch McBride: Will this Tribal Enterprise be incorporated and
regulated under this five man committee.
James Jackson: Probably should be, you.
Blanche McBride: I think it should be since it is a part of the
tribal resources.
More discussion on tribal lots. Refer this subject of tribal lots to
the Business Committee.
Motion was made and seconded to adjourn. Motion voted on and
carried.
MEETING ADJOURNED, 3:00 p.m., 680330.
HEL-009-1373-1376
HEL-009-1373-1376
COMM BIA ASST COMM BIA
690410
CORRESPONDENCE
WOLL, A M
Forestry 791-67
690410
Chief, Real Property Management Acting Chief, Forestry Program
Information - Edward Hobucket Jr. Allotment No. 1519 - Quinault
Reservation, Washington
The following information is being furnished for your use in the
matter of the proposed purchase of the Edward Hobucket Jr. Allotment No.
1519 on the Quinault Reservation by the Quinault Tribe.
Sales of Timber - Special Allotment Timber Cutting Permits - Queets
Area, Quinault Reservation, Washington.
Table not keyed, see original
The above timber was purchased by logging companies owning timbered
tracts in the Queets Area.
Allotment Nos. 1804 and 1805 were purchased by the Mayr Bros.
Logging Company of Hoquiam, Washington and were in the immediate
vicinity of their private road system. Allotments 2249 and 2250 were
purchased by the Morrison Logging Company of Aberdeen, Washington and
were located within the immediate area of the company's private road
networks. Allotment No. 1878 was purchased by Anderson Middleton
Logging Co. of Aberdeen, Washington in the immediate area of Morrison's
logging road.
Arthur M. Woll Acting Chief, Forestry Program
Surname Forestry Chrony Mailroom Chrony Holdup 301-M. Corke
DWClarke:ejj:690411
Estimated Volumes Remaining - Queets Unit - Quinault Reservation,
Washington
Table not keyed, see original
"Snuffy"
Maps not keyed, see original
QUEETS UNIT
Maps not keyed, see original
Maps not keyed, see original
DETAIL AS OF 650100 DETAIL AS OF 650101 DETAIL AS OF 680101
Map not keyed, see original
DETAIL AS OF 650100 DETAIL AS OF 650101 DETAIL AS OF 680101
Maps not keyed, see original
DETAIL AS OF 650100 DETAIL AS OF 650101 DETAIL AS OF 680101
HEL-009-1377-1399
HEL-009-1377-1399
CHIEF BIA REAL PROP MGMT
690218
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
RECEIVED
690219
Forestry 339.5 Emerson L. U.
Western Washington Agency 3006 Colby Avenue Everett, Washington 98201
690219
Mr. James J. Hill P.O. Box 190 Humptulips, Washington 98552
Dear Mr. Hill:
We have been instructed by the Area Director and upon advise of the
Regional Solicitor that the timber on the Emerson Logging Unit should be
readvertised. We have also been directed to contact the owners of the
action to be taken and secure new powers of attorney.
The Area Office has requested that all deposits be returned to the
respective bidders. Your bid proposal in the amount of $4,600 is
enclosed.
In the event the owners desire to have the timber advertised, you
will be furnished a notice of the sale offering.
We very much regret the delays encountered in this matter.
Sincerely yours,
(Sgd) John B. Benedetto Acting Superintendent
Enclosure Hoquiam Forestry Everett Forestry Mailroom Chrono Mr. Lozar
Hoquiam Chrono
DWClark:lh
HEL-009-1400-1400
HEL-009-1400-1400
HILL, J J
690317
CORRESPONDENCE
BENETT, R L BIA WASH DC
Forestry
791-67 (BCCO 7678)
AIRMAIL
Mr. Vincent C. Kretz President, Timber Traders, Inc. Post Office Box
487 Mercer Island, Washington 98040
Dear Mr. Kretz;
This is a followup to our 000224 letter to you, concerning the
proposed Robert Emerson Logging Unit timber sale on the Quinault Indian
Reservation, Washington.
We have received the information requested from our Area and Agency
offices, and have reviewed the procedures utilized in the proposed sale.
Following receipt of your 680919 offer to negotiate the purchase of
timber on this unit, two other prospective purchasers, both Quinault
Indian allotment owners, expressed interest in buying the timber. It is
our policy to involve the Indian owners as much as possible in the
development of their timber; and the agency, following this policy,
communicated with the owners to discuss the proposals received. This
timber is owned by a number of Indian heirs, and much of the delay
surrounding the proposal resulted primarily from agency attempts to
communicate with them, and from necessary communications with the tribe,
and the other interested parties. In view of the delay involved in this
proposal, we are re-examining with our field offices adjustments that
might be effected in order to minimize delay in future offerings.
Because of the competitive interest that developed in the timber, all
proposals were rejected, and the timber will be readvertised for sale.
We regret the delays that occured in this instance, and any
inconvenience that you may have been caused. Our discussions with field
staff should resolve some of the problems and avoid delay in future
offerings. Thank you for your patience in this matter, and if we can be
of further assistance, please let us know.
Sincerely yours,
(Sgd.) ROBERT L. BENNETT Commissioner
cc: Senator Warren G. Magnuson (7765) Senator Henry M. Jackson
(7788) Area Director, Portland (2) 103 300 BCCO Surname 330 Forestry
Chrony Mailroom Chrony Holdup KHWilcox/SMCrosby:wm 690311
HEL-009-1404-1404
HEL-009-1404-1404
KRETZ, V C TIMBER TRADERS INC
690317
CORRESPONDENCE
BENNETT, R L BIA WASH DC
Forestry (BCCO 7788) Hon. Henry M. Jackson Chariman, Committee on
Interior and Insular Affairs United States Senate Washington, D.C. 20510
690317
Dear Mr. Chairman;
This is a followup to our 000225 letter to you regarding Mr. Vincent
Kretz' interest in a proposed timber sale from the Robert Emerson
Logging Unit, Quinault Indian Reservation, Washington.
This timber was originally offered for sale on 660712, then on
670627: and again on 680709. No bids were received.
During the summer of 680000, Mr. James Hill, a Quinault Allottee,
expressed interest in the sales; but although he said he intended to
contact some of the owners, none of them came forward regarding his
interest.
In 680900, Mr Kretz submitted a bid proposal for the timber. The
Tribe was notified of the offer, to ascertain if they had any interest
in acquiring the timber. They stated that Mrs. Helen Mitchell might be
interested, but since her offer did not conform to the advertisement
provisions, she later withdrew it.
On 001018, Mr. James Hill submitted a bid proposal.
On 001029, a canvass was initiated of most of the owners of the
timber, to ascertain their wishes in the matter. Following receipt of
the last response and assembly of the information, a meeting was set for
001211, to meet with the Quinault Allottee Committee, concerning the
proposed timber sale. In the letter to the bidders regarding this
meeting, both were asked if they wanted their deposits returned, or held
pending the outcome of the meeting. Both wanted their bids held.
The Allottee Committee offered no objection to negotiating a sale
with James Hill, provided the Bureau obtain written permission from the
owners. The committee also recognized other interest in the timber
sale, and referred back to the Area Director, the decision to negotiate
or to readvertise.
Because of the competitive interest that developed in the timber, and
because log prices have increased since the sale was last advertised,
all the bids were rejected, and the timber will be readvertised for
sale. This is the usual procedure when more than one offer is received.
We very much regret the delay involved in the proposed sale of timber
from the Robert Emerson Logging Unit, and for any inconvenience to Mr.
Kretz. We are exploring the situation with our field staff so that the
procedure of obtaining the allotment owners consent to final
arrangements for a sale may be expedited.
Enclosed for your reference is a copy of our reply to Mr. Kretz.
Sincerely yours,
(SGD.) ROBERT L. BENNETT Commissioner
Enclosure
cc: Identical letter to Senator Warren G. Magnuson (7778) AD
Portland 103 300 BCCO Surname - 330 Forestry Chrony Mailroom Chrony
Holdup
SMCrosby:wm 690311
HEL-009-1405-1406
HEL-009-1405-1406
JACKSON, H M US SENATE
690313
CORRESPONDENCE
HASSIG, E BIA PORTLAND
RECEIVED
690317
Forestry 339.5 Emerson L. U.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690313
Mr. James Hill Box 190 Humptulips, Washington 98352
Dear Mr. Hill:
Reference is made to the letter and petition of appeal submitted in
your behalf by Mr. Donald H. McGavick, Attorney at Law.
We have interpreted this to be an administrative appeal from the
letter content, despite the petition entitled to the Superior Court of
the State of Washington.
Please be advised that the Emerson Logging Unit matter is being
reviewed by the Commissioner of Indian Affairs and your appeal has been
included as part of the information provided for the review. Action on
your appeal will be delayed pending any instructions arising from the
Commissioner's review.
Sincerely yours,
ELMER HASSIG Acting Assistant Area Director
cc: Mr. McGavick, Attorney Commissioner, Attn. Branch of Forestry
Mr. Neely, ORS Supt., Western Washington Agency Hoquiam Field Office
HEL-009-1407-1407
HEL-009-1407-1407
HILL, J
690312
CORRESPONDENCE
PAO
Form 5-338
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.
For Information
TO Commissioner.
FOR ATTENTION OF: PERRY SKARRA, BRANCH OF FORESTRY
FROM Portland Area Office
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION: Forestry
Date: 690312
SUBJECT Copy enclosed of Anderson & Middleton Lumber Company's letter
of 690311, addressed to BIA, Portland, Oregon re Edward Hobucket
Allotment 1519.
HEL-009-1408-1408
HEL-009-1408-1410
COMM BIA
690311
CORRESPONDENCE
RICKEY, R R ANDERSON & MIDDLETON
RECEIVED
690312
ANDERSON & MIDDLETON LUMBER CO. MANUFACTURERS SINCE 1898 HEMLOCK,
FIR & SPRUCE LUMBER BROADWAY & STATE STREETS . PHONE LENOX 3-2410
ABERDEEN WASH.
690311
U. S. Department of Interior Bureau of Indian Affairs P. O. Box 3785
Portland, Oregon 97208
Attention: Mr. Dale M. Baldwin
Gentlemen:
Confirming our previous offer, we are prepared to pay $153,000.00 for
the cutting permit from Edw. Hobucket Jr. on Allotment No. 1519.
There is a strong possibility that we can obtain export backing for a
higher bid if the market continues to improve.
Very truly yours, ANDERSON & MIDDLETON LUMBER COMPANY
R Ray Rickey
RRR:mcm
SUMMARY CONCERNING PROPOSED PURCHASE OF EDWARD HOBUCKET ALLOTMENT BY
THE QUINAULT TRIBE
During the past year the Quinault Tribe, with the cooperative support
of the Bureau, has been attempting to develop a tribal logging
enterprise. To obtain timber necessary for this enterprise, the tribe
recently has been trying to negotiate the purchase of the Edward
Hobucket Allotment, Quinault No. 1519, at the appraised fair market
value. On 681104, the allotment was appraised at a total value of
$103,000, a preponderant portion of which was represented by the value
of standing timber.
Prior to completion of the negotiation, the Bureau received a copy of
a letter in which the Anderson & Middleton Lumber Company advised Mr.
Edward Hobucket, the owner, that the company would purchase the timber
from him for $153,000, provided be (Hobucket) obtained a special
allottee permit. A third offer for purchase was received from Mr. Mike
Tobin, an Indian allottee, although not a member of the Quinault Tribe.
It appeared that Mr. Tobin, whose offer was $153,500, was using his
status as an Indian to "front" for a non-Indian timber operator.
A number of meetings were held in an attempt to resolve the problems
which could arise if the sale were negotiated with the tribe for
substantially less than the highest offer received. The problems were
more complicated because Mr. Hobucket has changed his mind a number of
times concerning the sale, and because his record indicates that at
times, particularly when under the influence of alcohol, he may be
considered as lacking in the ability to handle his own personal affairs.
The Portland Area Director also has stated that Mr. Hobucket might well
receive more than $153,000 if the timber were offered for sale on the
open market.
The following development occurred during a meeting on 690207, (1)
Mr. Tobin agreed to withdraw his offer, (2) the tribe agreed to pay Mr.
Hobucket $128,000, or $25,000 more than the 681104, appraised value (but
still $25,000 less than the Anderson & Middleton offer), and (3) Mr.
Hobucket agreed to accept the tribe's offer of $128,000.
By a letter of 690311, Mr. Ray Rickey of Anderson & Middleton advised
the Portland Area Director that his company was still willing to pay Mr.
Hobucket $153,000 for the timber and that the company might get
sufficient export sale backing to offer a higher bid if the market trend
continues.
Tribal leaders contend that the Anderson & Middleton offer was made
in order to prevent development and operation of the tribal enterprise.
The Department is here confronted with the dilema represented bylits
desire to assist the Quinault Tribe in its enterprise efforts and its
primary trust responsibility which dictates that it protect the
interests of the individual Indian owner by obtaining the highest price
in the sale of his property.
HEL-009-1409-1410
HEL-009-1408-1410
BALDWIN, D M BIA PORTLAND
690303
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
RECEIVED
690306
Forestry 68-4-23 - 339.5 Quinault Tribal Permits
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690303
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Quinault Tribal Resolution 68-52 requested waiver of administrative
fee for all timber transactions by the Quinault Tribe and further
delegation of authority to the Superintendent.
The attached letter from the Commissioner deals with fee waiver.
Waiver of the administrative fee for the Special Timber Cutting Permit
No. Q-16-68 (Lizzie Rolfson Allotment) is hereby granted.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director (Economic Development)
Enclosure
cc: Hoquiam Field Office Commissioner, Attn. Branch of Forestry
HEL-009-1411-1411
HEL-009-1411-1411
FELSHAW, G M W WA AGENCY
690307
CORRESPONDENCE
KRETZ, V C
690307
Mr. Dale M. Baldwin, Area Director Bureau of Indian Affairs, P. O.
Box 3785, Portland, Oregon.
Re: Emerson Logging Unit
Dear Mr. Baldwin:
Enclosed is check No. 1,445,783 drawn on the Treasurer of the United
States in the amount of $4,600.00. This check is apparently a refund of
our bid deposit on the Emerson Logging Unit. It is being returned
because we made our bid in good faith and were told at the time we made
the deposit that the timber was ours. We accordingly made logging plans
and a committment for the sale of the timber.
It has now been brought to our attention that on 681021 (one month
after our bid) a bid deposit was made by one Jim Hill for this same
timber. Around the same time a Mrs. Mitchell made a bid proposal. Mrs.
Mitchell apparently did not make a bid deposit and later withdraw her
proposal. Subsequently, a survey was taken by your agency among the
Quinault Indians as to whom the sale should be awarded. We have been
told that 90[ of those replying to the survey favored Timber Traders.
In light of the above and all that has transpired previously, we fail
to understand why this matter has not been resolved in our favor and
request, again, that immediate action be taken to complete the awarding
of this sale to Timber Traders, Inc.
Yours very truly, TIMBER TRADERS, INC.
Vincent C. Krets President VCK:dod Registered Mail Enclosed (1)
cc: Secretary Walter J. Hickel Senator Warren G. Magnuson Senator
Henry M. Jackson
HEL-009-1412-1412
HEL-009-1412-1412
BALDWIN, D M BIA PORTLAND
690303
CORRESPONDENCE
GALBRAITH, A W 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
AIRMAIL
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: BCCO No. 7678
Sir:
The information of this letter and the attached copies of
correspondence concern the Emerson Logging Unit, Quinault Reservation,
and are furnished per your request.
The attached letters dated 690203, and 690228, from the Western
Washington Agency report the events of this matter in detail and respond
to the three points of information noted on the copy of your letter of
690224, to Timber Traders, Inc. Briefly, the information furnished
states:
1. It was believed to be in the best interest of the allotment
owners to complete a negotiated sale of the timber due to the previous
lack of interest in three advertisements. In the negotiation the value
to be received was set well above the last advertised rate.
2. Follow up on the 681210, letter to Mr. Kretz awaited a report
from the Western Washington Agency. We pressed for an earlier reply but
no doubt we were less emphatic than we might have been. Some of the
factors causing delay are described in the Agency's reports.
3. From the records and our discussion with personnel of the Hoquiam
Forestry office, it is evident that there was considerable communication
with Timber Traders, Inc., and other parties regarding the offers for
the timber. The Agency has recorded that Mr. Kretz was advised both
before and after his 681203, letter as to why no decision had been made
on the offers and the possibility of a readvertisement. He also knew
the deposit made with the offer would be returned upon request.
Up to the time of the letter of 681203, from Timber Traders, Inc., no
action had been taken by the Portland Area Office as none of the offers
had been submitted for action by the Approving Office. We had been
aware that Timber Traders, Inc., had made an offer for purchase of the
Emerson Logging Unit, also, that the Agency had made inquiries as to
interest by loggers who were members of the Quinault Tribe. We had
advised that more than one offer usually would result in a decision to
readvertise. The inquiry, however, was pursued with the results
described in the Agency reports and was further complicated as a result
of the decision to consult with the Quinault Allottee Committee prior to
making a recommendation to this office. The last offers recorded were
as follows but no rules were made as to obtaining an absolute last
offer.
Timber Traders, Inc. $46,645.20
Mr. James Hill $45,816.00
Mrs. Helen Mitchell $42,771.60 (withdrawn)
Currently, an appeal to the decision to readvertise the Emerson
Logging Unit has been made by Mr. James Hill. While the appeal is
entitled to the Superior Court of the State of Washington, the
transmitting letter declares it an administrative appeal to the Area
Director. We have requested the Regional Solicitor's Office to verify
this. We intend to advise Mr. Hill that the Emerson Logging Unit matter
is being reviewed by the Commissioner and that his appeal has been
forwarded as part of the information provided for the review.
The Agency correspondence indicates that departure from established
procedures resulted from an interpretation of the Task Force Report. In
view of this apparent confusion with the intent of the Task Force
Report, it should be recognized that clarifying instructions must be
forthcoming to assist in the implementation of the report.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director (Economic Development)
Enclosures 16
cc: Supt., Western Washington Agency Hoquiam Field Office
RECEIVED
690305
IN REPLY REFER TO:
Forestry 339.5 Emerson L. U.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690303
AIRMAIL
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: BCCO No. 7678
Sir:
The information of this letter and the attached copies of
correspondence concern the Emerson Logging Unit, Quinault Reservation,
and are furnished per your request.
The attached letters dated 690203, and 690228, from the Western
Washington Agency report the events of this matter in detail and respond
to the three points of information noted on the copy of your letter of
690224, to Timber Traders, Inc. Briefly, the information furnished
states:
1. It was believed to be in the best interest of the allotment
owners to complete a negotiated sale of the timber due to the previous
lack of interest in three advertisements. In the negotiation the value
to be received was set well above the last advertised rate.
2. Follow up on the 681210, letter to Mr. Kretz awaited a report
from the Western Washington Agency. We pressed for an earlier reply but
no doubt we were less emphatic than we might have been. Some of the
factors causing delay are described in the Agency's reports.
3. From the records and our discussion with personnel of the Hoquiam
Forestry office, it is evident that there was considerable communication
with Timber Traders, Inc., and other parties regarding the offers for
the timber. The Agency has recorded that Mr. Kretz was advised both
before and after his 681203, letter as to why no decision had been made
on the offers and the possibility of a readvertisement. He also knew
the deposit made with the offer would be returned upon request.
Up to the time of the letter of 681203, from Timber Traders, Inc., no
action had been taken by the Portland Area Office as none of the offers
had been submitted for action by the Approving Office. We had been
aware that Timber Traders, Inc., had made an offer for purchase of the
Emerson Logging Unit, also, that the Agency had made inquiries as to
interest by loggers who were members of the Quinault Tribe. We had
advised that more than one offer usually would result in a decision to
readvertise. The inquiry, however, was pursued with the results
described in the Agency reports and was further complicated as a result
of the decision to consult with the Quinault Allottee Committee prior to
making a recommendation to this office. The last offers recorded were
as follows but no rules were made as to obtaining an absolute last
offer.
Timber Traders, Inc. $46,645.20
Mr. James Hill $45,816.00
Mrs. Helen Mitchell $42,771.60 (withdrawn)
Currently, an appeal to the decision to readvertise the Emerson
Logging Unit has been made by Mr. James Hill. While the appeal is
entitled to the Superior Court of the State of Washington, the
transmitting letter declares it an administrative appeal to the Area
Director. We have requested the Regional Solicitor's Office to verify
this. We intend to advise Mr. Hill that the Emerson Logging Unit matter
is being review by the Commissioner and that his appeal has been
forwarded as part of the information provided for the review.
The Agency correspondence indicates that departure from established
procedures resulted from an interpretation of the Task Force Report. In
view of this apparent confusion with the intent of the Task Force
Report, it should be recognized that clarifying instructions must be
forthcoming to assist in the implementation of the report.
Sincerely yours,
A. W. Galbraith Assistant Area Director (Economic Development)
cc: Supt., Western Washington Agency Hoquiam Field Office
HEL-009-1413-1416
HEL-009-1413-1416
COMM BIA WASH DC
690228
CORRESPONDENCE
CLARK, D W W WA AGENCY
(ILLEGIBLE)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Hoquiam Field
Station Post Office Bldg., P. O. Box 120 Hoquiam, Washington 98550
690228
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Dear Mr. Baldwin:
The following information is being furnished in response to your
request of 690225, concerning the Emerson Logging Unit and the three
itemized questions appearing at the bottom of Deputy Commissioner's
letter:
Question No. 1. Why the timber sale was not readvertised when it
became apparent that there would be competition for the offering.
Our letter of 690203 covered this subject quite intensely and the
events that had taken place since the timber was last offered for sale
on 680709. Upon receipt of the bid proposal by Timber Traders Inc., the
Quinault Tribal Officials were notified of this information. This was
done on account of the expressed desires of the Tribe that logging
business opportunity for tribal members be facilitated whenever
possible. In our opinion the Task Force Report strongly inferred we
consult with the Tribe and allottees on timber and land transactions.
During our consultations, two more bids were received. As officials
charged with the management of trust properties, it was determined to be
in the best interest to the trust owners to readvertise the timber.
Question No. 2. Why no follow-up was made to Area Office letter of
681210 to Mr. Kretz.
The letter of 681203 from Timber Traders Inc. was being considered,
as indicated by letter of 681210 to Timber Traders from the Area
Director and letter of same date to the Superintendent from the Area
Director. Prior to receipt of the Area Director's letter, the
Superintendent had correspondence with Timber Traders Inc. on 681206. A
copy of this letter was furnished the Branch of Forestry in the Area
Office.
The process of resolving what course of action to follow concerning
the purchase offers became a complex matter involving actions with and
by the Quinault Allottee Committee and the 59 persons having ownership
in the Robert Emerson allotment. This definitely resulted in an
unplanned delay. Director in our letter of 690203.
Question No. 3. Whether or not all parties involved in the bid were
notified of all factors involved as indicated in Mrs. Hansen's 681217
letter to Mr. Kretz.
During the period from 680919 until our letter of 690218, there have
been communications with the parties involved. The best of our
knowledge, at no time during these communications was the statement made
that "no explantation would be forthcoming", as stated in Timber Traders
Inc. letter of 681203. We attempted to explain that because of the
multiple interest being shown for the timber, it may be considered
advisable and in the best interest of the Indian owners to readvertise.
In our letter of 690218 to Timber Traders Inc., we advised them that
we had been instructed by the Area Director to readvertise the timber on
the Emerson Logging Unit because of increased interest for the purchase
of the timber. We returned their deposit with bid in the amount of
$4,600.
As instructed by the Area Office in a letter dated 690214, we have
made a reappraisal of the timber to reflect the changes since the prior
advertisement. A Power of Attorney was prepared for Mrs. Lizzie Moses
Capoeman, who owns an undivided one-half interest in the allotment,
showing the reappraised rates. On 690226, Mrs. Capoeman visited the
Hoquiam Forestry Office, at which time the necessity for preparing a new
Power of Attorney was explained to her. She stated she desired the
timber to be readvertised at not less than the rates shown on the new
Power of Attorney, and signed the document.
We are assuming that since this transaction is within Mrs. Hansen's
District, that the Area Office or the Commissioner's Office will
acquaint her with the details of this transmittal.
The Superintendent has been appraised of the contents of this letter
and has authorized the transmittal directly from Hoquiam to the Area
Office.
Enclosed are copies of all correspondence pertaining to this subject.
Sincerely yours,
(ILLEGIBLE) Acting Asst. Superintendent
Enclosures
HEL-009-1417-1419
HEL-009-1417-1419
BALDWIN, D M BIA PORTLAND
690228
CORRESPONDENCE
BENNETT, RL BIA WASH DC
Forestry 791-67
690228
Mr. Dale M. Baldwin
Area Director, Portland, Oregon 97208
Attention: Forestry
Dear Mr. Baldwin:
Your 000106 letter enclosed copies of Quinault Tribal Resolution
68-52, requesting waiver of the 5% administrative fees for cutting
permits. The Superintendent's 681226 letter indicates that the
Resolution requests waiving of the fee only as it results in the Special
Permit for sale of timber from the "Lizzie Rolfson Allotment." However,
the Resolution discusses all timber transactions; therefore, there is a
larger issue here than whatever the fee may be from the timber sold from
this particular area.
You are hereby authorized to waive the 5% fee, only as it affects the
sale of timber from the "Lizzie Rolfson Allotment." This waiver is
granted without the restrictions indicated in the Acting
Superintendent's letter of 681226. The waiver of the 5% fee is granted
this one time to assist the tribe, with its limited funds, to establish
a logging enterprise.
Proposals regarding administrative fees are included in the special
study of the Indian Forest Program, presently being reviewed by the
Department. No further exceptions will be considered until a firm
recommendation is made regarding those proposals.
Sincerely yours,
(SGD.) ROBERT L. BENNETT Commissioner
300
Surname Forestry Chrony Mailroom Chrony
690226
cc: 662-66
HEL-009-1420-1420
HEL-009-1420-1428
BALDWIN, D M BIA PORTLAND
690129
CORRESPONDENCE
COMM BIA WASH DC
Forestry 791-67
Mr. Dale M. Baldwin
Area Director, Portland, Oregon 97208
Attention: Forestry
Dear Mr. Baldwin:
Your 000106 letter enclosed copies of Quinault Tribal Resolution
68-52, requesting waiver of the 5% administrative fees for cutting
permits. The Superintendent's 681226 letter indicates that the
Resolution requests waiving of the fee - only as it results in the
Special Permit for sale of timber from the "Lizzie Rolfson Allotment."
However, the Resolution discusses all timber transactions; therefore,
there is a larger issue here than whatever the fee may be from the
timber sold for this particular area. The amount of the fee is not
mentioned, nor is there any pertinent justification presented for
waiving the fee.
The setting aside of these fees, to be used for various activities in
managing Indian forests has at various times been considered as a
possible legislative proposal. Although such a proposal has some
advantages, it also has disadvantages. One of the items included in the
special study of the Indian Forest Progress, prepared for the Bureau of
the Budget, is the administrative fee deduction. The Study is being
reviewed by the Department, and until we receive Department and BOB
responses to the Study proposals, no action regarding changes in present
deduction of administrative fees will be taken.
Sincerely yours,
Commissioner
300
Surname Forestry Chrony Mailroom Chrony Holdup
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20242
OFFICE OF ROBERT L. BENNETT THE COMMISSIONER
690211
MR. SKARRA, 30
For revision, per our phone conversation.
RLB
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20242
OFFICE OF ROBERT L. BENNETT THE COMMISSIONER
330-Mr. Skarra for revision per our phone conversation.
RLB
670400
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
CENTRAL OFFICE ROUTE SLIP
SUBJECT Ltr. to AD Portland for request of waiver of administrative
fees for cutting permits
FROM (Name and Office) Charles E. Chester, Forestry 330
PHONE 33163
DATE ROUTED 690128
COMMENTS
Policy operation: I agree with memo However, the supporting memo
from ILLEGIBLE LINE I believe we should consider giving more
responsibility to tribe especially if their funds are involved. If you
agree you or I might discuss with (ILLEGIBLE) (ILLEGIBLE)
Recommend this memo be signed.
(ILLEGIBLE)
000206
HEL-009-1421-1424
HEL-009-1420-1428
BALDWIN, D M BIA PORTLAND
690106
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
RECEIVED
690115
Forestry 63-4-18 - 339.5 Cutting Permits
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690106
Commissioner of Indian Affairs
Washington, D. C. 20242
Attention: Branch of Forestry
Sir:
We are enclosing, for your consideration, the following items
relating to a request from the Quinault Tribe for relief from payment of
administrative fee deductions from the proceeds of timber sales:
1. Quinault Tribal Resolution 68-52, dated 681223, requesting:
"+ + + The Commissioner of Indian Affairs, Robert L. Bennett (as per
the Quinault Tribe's request to Mr. Bennett on 681131, at the Washington
State Indian Conference held at Olympia, Washington) to waive payment of
the 5% administrative fee on all Land-Land and Timber transactions by
the Quinault Tribe, and delegate the authority to the Superintendent,
Tribe, and delegate the authority to the Superintendent, Western
Washington Agency, the power to approve Land-Land and timber Purchases
and Special Cutting Permits to the Quinault Tribe."
2. Letter dated 681226, from the Acting Superintendent referring to
the above-mentioned resolution and suggesting an alternative to the
tribe's request for a waiver of administrative deductions on Allotment
870000.
Conclusion Four, Financing of Forest Management of "A Study of Indian
Forest Program" prepared with assistance from the Bureau by Cornell,
Howland, Hayes & Merryfield was directed at administrative fee
deductions. The first of three alternatives recommends that the Federal
Government pay the entire cost of forest management and that timber
stand improvement be paid for jointly by the Indian owners and the
Federal Government; and that the 10 percent management fee be
eliminated.
We understand that the question of administrative fee deductions is
currently being studied by the Department. We will, however, appreciate
your comments so that an appropriate response can be made to the
enclosures.
Sincerely yours,
A. W. Galbraith Assistant Area Director (Economic Development)
Enclosures
cc: Supt., Western Washington Agency Hoquiam Field Station
RESOLUTION 68-52 of the Quinault Tribe
WHEREAS, The Quinault Business Committee is the recognized governing
body of the Quinault Tribe, under By-Laws approved by the Tribal Council
on 220824 and amended on 650522, and,
WHEREAS, THE Quinault Tribe is interested in purchasing all available
land-land and timber, both trust and fee owned as available and,
WHEREAS, The Quinault Tribe has purchased the Lizzie Rolfson Quinault
Allotment No. 1587, The paper work and necessary approvals through the
various channels of the Bureau of Indian Affairs took several months,
and
WHEREAS, The Quinault Tribe requested a Special Timber Cutting Permit
for the Rolfson Allotment, the Bureau of Indian Affairs has approved a
cutting permit and will release the permit to the Quinault Tribe on
payment of a 5% administrative fee, and,
NOW THEREFORE BE IT RESOLVED, that the Quinault Tribe requests the
Commissioner of Indian Affairs, Robert L. Bennett, (as per the Quinault
Tribes request to Mr. Bennett on 681131 at the Washington State Indian
Conference halt at Olympia Washington.) to waive payment of the 5%
administrative fee on all Land-Land and Timber transactions by the
Quinault tribe, and delegate the authority to the Superintendent Western
Washington Agency the power to approve Land-Land and timber Purchases
and Special Cutting Permits to the Quinault Tribe.
BE IT FURTHER RESOLVED, that James Jackson President of the Quinault
Tribal Council is hereby authorized to approve above request for and on
behalf of the Quinault Tribe of the Quinault Reservation, Washington.
Dated this 681223.
James Jackson James Jackson, President Quinault Tribe
Attest
ILLEGIBLE Marion Holloway, Sec. Trea.
HEL-009-1425-1427
HEL-009-1420-1428
COMM OF IND AFFAIRS BIA WASH DC
681226
CORRESPONDENCE
WEDDEL, J W W WA AGENCY
Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
681226
Mr. Dale M. Baldwin Area Director, Portland, Oregon Attention:
Assistant Area Director, Econ. Dev.
Dear Mr. Baldwin:
Quinault Tribal Resolution 68-52 requests the Bureau of Indian
Affairs to waive the five percent administrative fee on Special Timber
Cutting Permit for the Tribal Allotment No. 1587, Quinault Reservation.
The Quinault Tribe has a limited amount of funds in the U.S.
Treasury which could probably be used for this purpose. Likewise, it is
possible for the contracting logger to advance the five percent
administrative fee. In either event the amount of funds available to
the Tribe for continued purchase of timbered tracts on Quinault
Reservation will be reduced accordingly. The Quinault Tribe has
verbally expressed their interest in becoming more involved in the
timber processing activities on the Quinault Reservation, recognizing
that it will take considerable time and funds to accomplish their
objectives.
We are aware also that only in very limited situations are the cut
over tracts on the Quinault Reservation being reseeded, leading to
greater future production. It is recommended that the five percent
administrative fee on Allotment No. 1587 be waived providing the Tribe
is agreeable to an amount equal to the five percent or less depending on
estimated reseeding costs. The amount determined to be necessary for
adequate reseeding would be retained by the Bureau of Indian Affairs in
a special account for the Quinault Tribe and would be released for
expenditure for reseeding purposes consistent with determinations made
by the Superintendent.
Sincerely yours,
ILLEGIBLE Acting Superintendent
Attachment - Res. 68-52
HEL-009-1428-1428
HEL-009-1420-1428
BALDWIN, D M BIA PORTLAND
690225
CORRESPONDENCE
BROADHEAD, S US CONGRESS
SCrosby 2/19 Skarra 2/19
330 - BCCO 7765
690225
Hon. Warren G. Magnuson United States Senate Washington, D. C. 20510
Dear Senator Magnuson:
On receipt of Mr. Kretz' letter to the Secretary and in response to
Secretary Hickel's request, we asked Mr. Dale M. Baldwin, our Portland
Area Director, to provide information about the proposed Robert Emerson
Logging Unit Sale on the Quinault Reservation.
Mr. Kretz has been advised that he will hear further from
Commissioner Bennett as soon as this information is received.
We will be glad to keep you advised regarding this matter.
Sincerely yours,
(SGD) Sherwin Broadhead Acting Congressional Relations Officer
Enclosures Constituent's correspondence
cc: Portland Area Director w/inc. - ACTION
Note: Report requested in response to Mr. Kretz' letter, BCCO 7678.
Identical letter to Sen. Henry M. Jackson (BCCO 7788). LM DCCO
Surname - 330 300 330 Chron Mailroom BCCO SCrosby 2/18 - rewrite EKelly
2/24
S.31179-ACK
HEL-009-1429-1429
HEL-009-1429-1430
MAGNUSON, W US SENATE
690219
CORRESPONDENCE
SCTY OF INTERIOR
HEL-009-1430-1430
HEL-009-1429-1430
MAGNUSON, W G US SENATE
690224
CORRESPONDENCE
TAYLOR, T W BIA
SCrosby 2/17
Chester 2/18
Skarra 2/18
Broadhead 2/19
Hubley 2/19
690224
330 - BCCO 7678
AIRMAIL
Mr. Vincent C. Kretz President, Timber Traders, Inc. Post Office Box
487 Mercer Island, Washington 98040
Dear Mr. Kretz:
In response to Secretary Hickel's request, we are asking Mr. Dale M.
Baldwin, our Portland Area Director, to provide information for the
Commissioner's use in preparing a reply to your 000206 letter.
As soon as this information is received, you will hear further from
Commissioner Bennett.
Thank you for bringing this matter to our attention.
Sincerely yours,
(Sgd) T. W. Taylor Deputy Commissioner
Enclosures Addresse's correspondence
cc: Surname - 330
Portland Area Director w/inc. - ACTION
Note: May we have your report on the enclosed correspondence within
5 days? Please reply Attention: BCCO No. 7678, including in your
report the following information:
1. Why the timber sale was not re-advertised when it became apparent
that there would be competition for the offering.
2. Why no follow-up was made to your 001210 letter to Kretz.
3. Whether or not all parties involved in the bid were notified of
all factors involved, as indicated in Mrs. Hansen's 001217 letter to Mr.
Kretz (copy enclosed).
Surname - 330
300
330 Chron
Mailroom
BCCO
HEL-009-1431-1431
HEL-009-1431-1432
KRETZ, V C TIMBER TRADERS, INC
690217
CORRESPONDENCE
COMM BIA
Forestry 791-67 (7678)
AIRMAIL
Mr. Vincent C. Kretz President, Timber Traders, Inc. P. O. Box 487
Mercer Island, Washington 98040
Dear Mr. Kretz:
Secretary Hickel has asked us to reply to your 000206 letter
inquiring about the proposed Robert Emerson Logging Unit Timber Sale,
Quinault Reservation, Washington.
We are asking our Portland Area Director to advise you of the
circumstances regarding the proposed sale and to furnish this office
with a copy of his findings for review.
Thank you for bringing this matter to our attention.
Sincerely yours,
Commissioner
Enclosure
cc:
Area Director, Portland (2) AIRMAIL w/cc inccoming (NOTE -- to
Portland: (A reply should be transmitted to Mr. Kretz within 103 a week
of the date you receive this. Two copies 300 of the letter, with
whatever other information you BCCO have should be sent to this office,
Attention: Forestry. Surname - 330 We would like a separate report on:
Forestry Chrony 1. Why the timber sale was not re-advertised when it
Mailroom Chrony became apparent that there would be competition for
Holdup the offering. CEChester/SMCrosby: 2. Why no followup was made
to your 001210 letter wm 690217 to Mr. Kretz.
3. Whether or not all parties involved in the bid were notified of
all factors involved, as indicated in Mrs. Hansen's 001217 letter to Mr.
Kretz. (See copy in material attached.)
Submit reply by AIRMAIL.)
HEL-009-1432-1432
HEL-009-1431-1432
KRETZ, V C TIMBER TRADERS, INC
690224
CORRESPONDENCE
TAYLOR, T W BIA
Forestry 791-67
690224
AIRMAIL
Area Director, Portland, Oregon 97208
Dear Mr. Baldwin
Enclosed is a copy of a proposal concerning the Bureau's acquisition
of private road rights in the Queets Area of the Quinault Indian
Reservation. Your staff should study the merits of this proposal and
other possible alternatives that may solve the Indian road problem in
this area.
The study should include a review by your appraisal staff as to the
reasonableness of the maintenance and amortization road use fee being
charged by the private road owners. Please submit a report at your
earliest convenience.
Sincerely yours, (Sgd) T. W. Taylor Deputy Commissioner
cc: Ken. Hadley, Portland
300 Surname Forestry Chrony Mailroom Chrony
HEL-009-1433-1433
HEL-009-1433-1436
BALDWIN, D M BIA PORTLAND
681122
CORRESPONDENCE
CHIEF BR OF FORESTRY
UNITED STATES GOVERNMENT
MEMORANDUM
TO: Commissioner of Indian Affairs Through: Assistant Commissioner,
Economic Development
FROM: Chief, Branch of Forestry
SUBJECT: Quinault - Proposal for Bureau acquisition of private road
rights
Serious problems encountered by the Quinault Tribe and by allottees,
in the development of their lands, including timber harvest, stem from
difficulties involved in obtaining use of privately-owned (non-Indian)
roads in the Queets area of the reservation. Use of these roads at
reasonable toll rates has been a source of dissatisfaction and
continuing complaint from the allottees and tribal leaders. In a report
dated 680919, the Special Task Force on Quinault land and timber sales,
appointed by the Secretary, identified the difficulties encountered by
the Indians because of the lack of "adequate Federally controlled
access" in the Queets area. It was the opinion of the Task Force that
these private roads have tended to discourage competition, resulting in
the Indians receiving less than fair value in the sales of their land
and timber. Timber sales at the request of the owners have virtually
come to a standstill. The Task Force recommended that the Bureau
"aggressively negotiate with the owners of access roads in the Queets
Unit to obtain third party use agreements which are as favorable to the
Indian people as possible."
While some improvements have been realized in isolated cases,
negotiations with the road owners have generally not produced
satisfactory results. While the Bureau may negotiate "aggressively," it
lacks any real position of strength. As one employee expressed it,
"It's like going into a rock fight with a pocketful of marshmallows." At
best, the use arrangements can usually be worked out only on a
case-by-case basis. While the Bureau should continue efforts to improve
the use agreements, attention should also be directed toward a permanent
solution.
To provide for orderly and reasonable-rate road use in the Queets
area, I believe the Bureau should explore the possibility of acquiring,
by purchase or grant, the key roads in the area.
Such an undertaking would involve the following:
1. Determination of legal authorities available to the Bureau for
purchase and acquisition of existing roads.
2. Adequate engineering surveys to determine the transportation
needs, and type and condition of existing roads.
3. Study and analyses of all rights-of-way granted in the Queets
Unit by the Bureau.
4. Negotiations with owners of the roads to acquire by purchase or
grant the private interests and rights-of-way.
5. Designation of the roads for public use as part of the Bureau
reservation road system.
6. Provision for adequate maintenance of the roads acquired by the
Bureau, with or without a use charge to timber haulers.
7. Possibly some construction to link some of the acquired roads, to
improve access.
It is not possible to estimate the cost of acquiring the necessary
roads until the surveys and analyses indicated above have been
completed.
Construction costs for permanent-type timber roads in the area have
been running from $10,000 to $35,000 per mile, with the average at about
$20,000. Negotiations for un-amortized private interests and
outstanding rights-of-way may possibly result in acquisition for a
fraction of the construction costs. With possibly 40-50 miles of
existing key roads to be considered, the project could run to $500,000
for acquisition alone.
The Branch of Roads would, of course, need to determine the
engineering features and provide the expertise in the negotiations.
The Bureau has constructed very few roads on the Quinault
Reservation. Most of the reservation roads are old, reconstructed
logging roads, or old logging roads which received some Bureau
maintenance services. The Bureau has constructed no roads in the Queets
Unit. Limited funds have occasionally been expended for maintenance of
a low standard, truck trail built by the CCC along the coast, south of
the village of Queets.
It has been held that highway construction funds available to the
Bureau can not be used for timber access. In keeping with this view,
the GAO has kept a sharp eye on road expenditures in Indian timbered
areas. The Bureau has accepted this limitation on construction funds;
and, consequently, the Indians themselves have had to pay for timber
harvest roads. This has been a key deterrent to development of Indian
timber (BLM and Forest Service both get timber access money). Quinault,
with the allottee situation, is a prime example of development
difficulties due to the lack of access.
We believe there is more involved than just timber access in the case
of the Quinault, especially in the Queets Unit. The tribe and allottees
are restricted in the use, development, and enjoyment of their land
tracts. If their lands were not timbered, there would be no question of
the authority of the Bureau to build roads to serve them. The situation
in the Queets area is now such that properly engineered and controlled
roads are necessary for purposes other than strictly timber harvest
needs. Land development and recreational demands are coming to the
fore. The serious forest fire in 670000 (the worst in over 25 years)
illustrated the need for better road management. The fire spread in
slash along the private roads because of improper cleanup. Roads are
also needed by the Bureau in carrying out its administrative
responsibilities.
Perhaps most importantly, the Indian owners should have reasonable
access to their lands. In the past few years, there has been a
tremendous surge of interest on the part of the Indians on the Quinault
in development of their lands. They should not be denied the
opportunities to help themselves because of access problems. I believe
acquisition of key private roads, with the Bureau providing reasonable
road management, would do much toward solving the present predicament.
Perry E. Skarra Chief Branch of Forestry
HEL-009-1434-1436
HEL-009-1433-1436
COMM OF IND AFFAIRS ASST COMM, ECON DVLP
690213
CORRESPONDENCE
JACKSON, H M US SENATE
HENRY M. JACKSON, WASH., CHAIRMAN
CLINTON P. ANDERSON, N. MEX. ALAN BIBLE, NEV. FRANK CHURCH, IDAHO
FRANK E. MOSS, UTAH QUENTIN N. BURDICK, N. DAK. GEORGE MC GOVERN, S.
DAK. GAYLORD NELSON, WIS. LEE METCALF, MONT. MIKE GRAVEL, ALASKA
GORDON ALLOTT, COLO. LEN B. JORDAN, IDAHO PAUL J. FANNIN, ARIZ
CLIFFORD P. HANSEN, WYO. MARK O. HATFIELD, OREG. TED STEVENS, ALASKA
HENRY SELLMON, OKLA.
JERRY T. VERKLER, STAFF DIRECTOR
UNITED STATES SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
WASHINGTON, D.C. 20510
690213
Honorable Robert L. Bennett Commissioner of Indian Affairs Department
of the Interior Washington, D. C.
My dear Mr. Commissioner:
I am enclosing copy of a letter sent to you under date of 000206 by
Mr. Vincent C. Kretz, of Mercer Island, Washington, in connection with
the sale of timber on the Robert Emerson Logging Unit, Quinault Indian
Reservation.
I would appreciate having a report on the manner in which this sale
has been conducted and the decision of the Department with respect to
the successful bidder so that I may communicate further with my
constituent.
Sincerely yours,
Henry M. Jackson Chairman
HMJ:gbs
Enclosure
HEL-009-1437-1437
HEL-009-1437-1437
BENNETT, R L DOI
690212
CORRESPONDENCE
MAGNUSON, W G US SENATE
7765
United States Senate
690212
Respectfully referred to The Honorable Walter J. Hickel Secretary of
the Interior for such consideration as the communication herewith
submitted may warrant, and for a report thereon, in duplicate to
accompany return of inclosure.
By direction of
WARREN G. MAGNUSON
U. S. S. Re: Kretz bah
HEL-009-1438-1438
HEL-009-1438-1438
HICKEL, W J DOI
690206
CORRESPONDENCE
KRETZ, V C TIMBER TRADERS, INC
RECEIVED
690212
TIMBER TRADERS, INC.
PIER 20 SEATTLE, WASHINGTON MAILING ADDRESS: P.O. BOX 487 MERCER
ISLAND, WASHINGTON 98040 MAin 2-6577
690206
The Honorable Walter J. Hickel, Secretary of the Interior,
Washington, D.C.
My Dear Mr. Secretary:
On 680709, an oral auction was held for the sale of timber on the
Quinault Indian Reservation, Grays Harbor County, Washington,
specifically the Robert Emerson Logging Unit. There were no bidders for
this sale. A short time later it came to our attention that this timber
could be purchased at the appraised price. Upon indicating our interest
in a purchase, we were told the timber had been reappraised, upwards,
and if we were still interested, we would have to pay on the basis of
the reappraisal. We subsequently forwarded our bid along with the
required bid deposit and assumed the timber was ours, needing only a
signed contract to complete the transaction.
Time went by and in 681000 we were advised by the Indian Agency in
Hoquiam, Washington (by phone), that there were two other bidders for
this same timber, one higher and one lower. We were not told the amount
of these bids but that if we were still interested, we could make yet
another bid. We did this even though we thought it highly irregular and
contrary to all usual bidding practices. About this time we found out
the other bidders were aware of how much we bid in each instance.
More time passed and on 681202, we were advised by the Indian Agency
(again by phone) that our bid deposit was being returned and no
explanation would be forthcoming. The following day, 681203, we wrote
to Mr. Dale Baldwin, Area Director, Bureau of Indian Affairs, Portland,
Oregon, the Western Washington Agency, Bureau of Indian Affairs,
Everett, Washington, and the Honorable Julia Butler Hansen, whose
district encompasses the Quinault Reservation. Copies of their replies
are enclosed. In our letters to the above we set forth substantially
the same information as the foregoing.
We have today again written the Area Director of the Bureau of Indian
Affairs asking that the contract be completed immediately so we may
begin logging. A copy of this letter is also attached.
The Honorable Walter J. Hickel
690206
We are at a complete loss to understand just what is going on and
would appreciate any help you can give us in this matter.
Yours very truly,
TIMBER TRADERS, INC. Vincent C. Kretz President
VCK:dd
Attached (5)
cc: The Honorable Henry M. Jackson The Honorable Warren G. Magnuson
The Honorable Thomas M. Pelly
HEL-009-1439-1440
HEL-009-1439-1446
HICKEL, W J DOI
690206
CORRESPONDENCE
KRETZ, V C TIMBER TRADERS, INC
7678
690206
The Department of the Interior, Bureau of Indian Affairs, Post Office
Box 3785, Portland, Oregon, 97208
Attention: Mr. A. W. Galbraith
Gentlemen:
We have received no further word form you or the Western Washington
Agency regarding our purchase of timber on the Emerson Logging Unit and
would refer you to your letter of 681210, (Forestry 66-5-16 - 339.5).
The lack of communication from your office and the entire way this
matter has been handled has left us extremely disturbed.
We were initially assured that this timber was ours and made plans to
log and market it at a specific time and place for a determined price.
In addition, you have held our bid deposit of $4,600.00 since 690900.
We are hereby requesting that the contract be completed so we may begin
logging and fulfil our obligations.
Your immediate attention to this matter will be appreciated.
Yours very truly, TIMBER TRADERS, INC,
Vincent C. Kretz President VCK:dd cc: John B. Benedetti Western
Washington Agency
HEL-009-1441-1441
HEL-009-1439-1446
GALBRAITH, A W BIA PORTLAND
681217
CORRESPONDENCE
HANSEN, J B US HOUSE OF REP
Congress of the United States House of Representatives Washington,
D.C. 20515
681217
Mr. Vincent C. Kretz President Timber Traders, Inc. P.O. Box 487
Mercer Island, Washington 98040
Dear Mr. Kretz:
Thank you for your letter of 001203 in regard to the sale of timber
on the Quinault Indian Reservation.
I have delayed answering your letter unitl I could get some
information on the proposed sale.
It has now been brought to my attention that all parties involved in
the bid will be notified of all factors involved. I am sure that by
this time you have been contracted or soon will be so that you may be
informed as to why your bid was not accepted.
Thank you for bringing this matter to my attention and I was happy to
make an inquiry for you.
With my cordial personal regards, I am
Yours most sincerely,
Julia Butler Hansen, M.C. JBH/sds
HEL-009-1442-1442
HEL-009-1439-1446
KRETZ, V C TIMBER TRADERS, INC
681210
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
681210
Mr. Vincent C. Kretz Timber Traders Inc. P. O. Box 487 Mercer Island
Washington 98040
Dear Mr. Kretz:
We want to acknowledge receipt of your letter of 681203, concerning,
bidding on the Emerson Logging Unit. A reply will be made as soon as we
have obtained information on this matter from the Western Washington
Agency.
Sincerely yours,
A. W. Galbraith Assistant Area Director (Economic Development)
HEL-009-1443-1443
HEL-009-1439-1446
KRETZ, V C TIMBER TRADERS, INC
681206
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
681206
Timber Traders, Inc. P. O. Box 487 Mercer Island, Washington 98040
Gentlemen:
We regret the time lapse from the time you deposited a bid with the
Agency for timber on the Emerson Logging Unit, on the Quinault
Reservation. There have been many factors to consider and many owners
in widely scattered locations had to be contracted.
We are hopeful that a decision can be reached on 681211 on the wishes
of the owners. Please advise, us whether or not you wish your deposit
refunded to you or retained by us pending the outcome of the meeting.
Sincerely yours,
John B. Benedetto Acting Superintendent
No. 654920
Form No. 5-777
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Form approved by Comptroller General, U. S.
410514
FIELD RECEIPT
Received of
Name Timber Traders Inc. Address P. O. Box 487 Mercer Island, Wash.
98040 Four Thousand Six Hundred and 00 Dollars ($4,600.00) Description
of payment received: Cash Ck.#08445734,dtd.680919 Bk. 19-2/1250
Table not keyed, see original
680920 Hoquiam Field Station Bureau of Indian Affairs Hoquiam,
Washington 98550
Kay Filyaw Collector-Agent
Forestry 791-67
Possible Questions on Quinault
Question: We have been getting complaints on the handling and
processing of timber sales. Please tell me what you are doing about
this.
Answer: I am aware that in some recent transactions there have been
some difficulties and delays. We regret these. I understand that they
were due, at least partially, to efforts to change some procedures from
those that have been in effect for many years. A recent timber sale
proposal, identified as the Emerson Logging Unit, was one of these.
Steps are being taken to correct them.
Question: Have you made any progress on road use on the Quinault, so
the Indians can log their timber.
Answer: The Secretary appointed a task force last fall to examine
the matter of road use, as well as other matters relating to land and
timber sales on the Quinault. The field has been working on carrying
out the recommendations of the task force. Meetings have been held with
owners of the roads and, I understand, they are examining ways of
improving access.
Question: Are you taking steps to correct some of the messes from
logging that have blocked fish-spawning streams?
Answer: Yes, we are working closely with technicicans from the Fish
and Wildlife Service to lessen logging damage to streams and spawning
grounds. We are also insisting on strict compliance with timber sale
contract provisions to protect these fish and water values.
Question: What is the status of a general study of the Indian
Forestry Program?
Answer: The study, which was conducted jointly by the Bureau and a
private consultant, has been completed. The report is presently
undergoing review in the Department. We hope to have it released soon.
BACKUP MATERIAL - 1970 BUDGET
cc: surname forestry chrony holdup
HEL-009-1444-1446
HEL-009-1439-1446
TIMBER TRADERS, INC
690219
CORRESPONDENCE
MCGAVICK, D DONALD MCGAVICK
690219
Mr. Dale Baldwin, Area Director Bureau of Indian Affairs Portland
Area Office P. O. Box 3785 Portland, Oregon 97208
Attention: A. W. Galbraith, Assistant Area Director
Re: James J. Hill, Allotment No. 1874 Quinault Indian Reservation
Dear Sir:
This is to give you notice that we hereby appeal your directive of
690211 to Mr. Felshaw, Superintendent, Western Washington Agency
regarding his letter of 690203 pertaining to the Emerson Logging Unit
dealing with the Robert Emerson claim so far as it is effected
Reservation. Mr. Hill's address is Box 190, Humptulips, Washington
98552.
Enclosed you will find Mr. Hill's Petition for Appeal. Would you
please keep Mr. Hill and myself informes of any hearings on this matter.
Very truly yours,
Don McGavick
DHM:gw Enclosure
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR PIERCE
COUNTY
IN REGARD TO THE MATTER OF
JAMES J. HILL, Quinault Indian Reservation, Allotment No. 1874
NO.
PETITION FOR APPEAL
COMES NOW the petitioner and respectfully shows as follows:
I.
That your petitioner is the alloted indian of the Quinault Indian
Reservation, Allotment No. 1874 and among other things is subject to the
provisions of 25 U.S.C.A. and 25 CFR 1.2 et sequence.
II.
That in 680700 the Indian Agency advertised for the third time for
bids on the Robert Emerson claim, also known as the Emerson Logging Unit
under the provisions of 25 CFR without any bids being received by the
agency.
III.
That in 680800 your petitioner made known to the Hoquiam Office of
the Indian Agency his desire to purchase the timber on the Emerson
Logging Unit and was advised by the Hoquiam Office of the Indian Agency
that he needed the conse of the majority of indians holding an interest
in said logging
Petition for Appel - 1 unit. That your petitioner had in fact the
oral consent of the majority of the Indians holding an interest in said
Emerson Logging Unit.
IV.
That under the provisions of 25 CFR 141.9 that a sale directly to
your petitioner would be within said regulations and within the
provisions provided therein.
V.
That the majority Indians holding an interest in the said Emerson
Logging Unit did not reduce their consent until 681000 and that
immediately thereafter your petitioner made a formal bid and deposited
his bond as required by 25 CFR 141.10.
VI.
That pursuant to notice to the Quinault Indian Allottee Committee and
to the heirs of the Emerson Logging Unit, a meeting was held on 681213
at Taholah, Washington. That a representative from the Hoquiam area
Indian agency was present. That at said time and place the Quinault
Indian Allottee Committee expressed that they had no objection to James
J. Hill purchasing the timber on the Emerson Logging Unit. That the
heirs present of the Emerson Logging Unit expressed a desire that James
J. Hill be allowed to purchase said timber on the Emerson Logging Unit.
That the heirs present represented a majority interest in the said
Emerson Logging Unit.
VII.
That subsequent thereto, to-wit, on 000211 a directive from the
Assistant Area Director, Bureau of Indian Affairs, Portland Area Office,
was issued, to-wit,
Petition for Appeal - 2 a letter of 690211, a copy of which is
attached hereto and marked "Exhibit A" which is an intervention of 25
CFR 141.9 et sequence, and the bid should have been accepted according
to said provisions prior to this time.
WHEREFORE, your petitioner feels aggreived by the Area Director,
Bureau of Indian Affairs, Portland Area Office, of 690211 and requests a
hearing on said matter.
James J. Hill, Petitioner
STATE OF WASHINGTON
ss:
County of Pierce
James J. Hill, being first duly sworn, on oath deposes and says:
That he is the petitioner in the above entitled matter; that he has
read the within and foregoing Petition, knows the contents thereof and
believes the same to be true.
James J. Hill
SUBSCRIBED AND SWORN to before me this 690211.
(ILLEGIBLE)
Notary Public in and for the State of Washington, residing at Tacom.
HEL-009-1447-1450
HEL-009-1447-1450
BALDWIN, D BIA PORTLAND
690211
CORRESPONDENCE
GALBRAITH, A W BIA
Forestry 339.5 Emerson L. H.
690211
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter of 690203, records the actions taken by your offices
towards sale of timber, the Emerson Logging Unit, under provisions of 25
CFR 141.8(c).
We have concern as to the manner in which the offers were handled and
agree upon advice of the Regional Solicitor that readvertisement is the
proper course to be taken. Any deposits submitted with the bid
proposals should be promptly returned to the bidders. The allotment
owners should also be promptly advised of these actions.
Due to the conflict between the power of attorney and the letter of
690116, from the major owner interest, new powers of attorney should be
secured. A supplemental Forest Officer's Report should be made to
reflect the changes since the prior advertisement and the owners advised
of the indicated minimum advertised rates and other information of
interest to them.
Enclosed is a copy of our letter to Timber Traders, Inc., in reply to
their letter of 681203. This was also the subject of a telephone
inquiry to your offices by Mr. Carleon of Congresswoman Julia Butler
Hansen's office and you should of course, provide that office with
whatever is required in response to their inquiry.
Sincerely yours, A. W. GALBRAITH Assistant Area Director
Enclosure
cc: Hoquiam Field Office
HEL-009-1451-1451
HEL-009-1451-1452
FELSHAW, G M W WA AGENCY
690211
CORRESPONDENCE
GALBRAITH, A W BIA
Forestry
339.5 Emerson L. U.
690211
Mr. Vincent C. Kretz, President Timber Traders, Inc. P.O. Box 487
Mercer Island, Washington 98040
Dear Mr. Kretz:
Your letters of 681208, and 690206, directed our attention to your
offer to purchase timber designated as the Emerson Logging Unit,
Quinault Reservation, Washington. You expressed concern as to the
handling of your offer by the Western Washington Agency.
In view of the increased interest for the purchase of this timber, we
are rejecting all bids and instructing the Superintendent to return all
deposits to the respective bidders. We are also instructing the
Superintendent to reappraise the entire situation and to readvertise the
Emerson Logging Unit for receipt of sealed bids, subject to the approval
of the allotment owners.
In the event the owners choose to have this timber readvertised for
sale, we will welcome your participation in bidding in response to such
a readvertisement. We very much regret the delays encountered in this
matter.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director
cc:
Supt., Western Washington Agency Hoquiam Field Office
HEL-009-1452-1452
HEL-009-1451-1452
KRETZ, V C TIMBER TRADERS, INC
690211
CORRESPONDENCE
GALBRAITH, A W BIA
Forestry 339.5 (ILLEGIBLE)
690211
Mr. Vincent C. Kretz, President Timber Traders, Inc. P. O. Box 487
Mercer Island, Washington 98040
Dear Mr. Kretz:
Your letters of 681208, and 690206, directed our attention to your
offer to purchase timber designated as the Emerson Logging Unit,
Quinault Reservation, Washington. You expressed concern as to the
handling of your offer by the Western Washington Agency.
In view of the increased interest for the purchase of this timber, we
are rejecting all bids and instructing the Superintendent to return all
deposits to the respective bidders. We are also instructing the
Superintendent to reappraise the entire situation and to readvertise the
Emerson Logging Unit for receipt of sealed bids, subject to the approval
of the allotment owners.
In the event the owners choose to have this timber readvertised for
sale, we will welcome your participation in bidding in response to such
a readvertisement. We very much regret the delays encountered in this
matter.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director
cc: Supt., Western Washington Agency Hoquiam Field Office
Commissioner, Attn. Br. of Forestry via B.S. 690213
Branch subject
Branch chrony
Yellow chrony
HEL-009-1453-1453
HEL-009-1453-1453
KRETZ, V C TIMBER TRADERS, INC
690211
CORRESPONDENCE
GALBRAITH, A W BIA
Forestry 339.5 Emerson L. U.
cc:
Branch subject
Branch chrony
Yellow chrony
690211
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Your letter of 690203, records the actions taken by your offices
towards sale of timber, the Emerson Logging Unit, under provisions of 25
CFR 141.8(c).
We have concern as to the manner in which the offers were handled and
agree upon advice of the Regional Solicitor that readvertisement is the
proper course to be taken. Any deposits submitted with the bid
proposals should be promptly returned to the bidders. The allotment
owners should also be promptly advised of these actions.
Due to the conflict between the power of attorney and the letter of
690116, from the major owner interest, new powers of attorney should be
secured. A supplemental Forest Officer's Report should be made to
reflect the changes since the prior advertisement and the owners advised
of the indicated minimum advertised rates and other information of
interest to them.
Enclosed is a copy of our letter to Timber Traders, Inc., in reply to
their letter of 681203. This was also the subject of a telephone
inquiry to your offices by Mr. Carlson of Congresswoman Julia Butler
Hansen's office and you should, of course, provide that office with
whatever is required in response to their inquiry.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director
Enclosure
cc: Hoquiam Field Office Commissioner, Attn. Br. of Forestry via
B.S. 690213
HEL-009-1454-1454
HEL-009-1454-1470
FELSHAW, G M W WA AGENCY
690211
CORRESPONDENCE
GALBRAITH, A W BIA
Forestry 339.5 Emerson L. U.
690211
Mr. Vincent C. Kretz, President Timber Tradors, Inc. P. O. Box 487
Mercer Island, Washington 98040
Dear Mr. Kretz:
Your letters of 681208, and 690206, directed our attention to your
offer to purchase timber designated as the Emerson Logging Unit,
Quinault Reservation, Washington. You expressed concern as to the
handling of your offer by the Western Washington Agency.
In view of the increased interest for the purchase of this timber, we
are rejecting all bids and instructing the Superintendent to return all
deposits to the respective bidders. We are also instructing the
Superintendent to reappraise the entire situation and to readvertise the
Emerson Logging Unit for receipt of sealed bids, subject to the approval
of the allotment owners.
In the event the owners choose to have this timber readvertised for
sale, we will welcome your participation in bidding in response to such
a readvertisement. We very much regret the delays encountered in this
matter.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director
cc: Supt., Western Washington Agency Hoquiam Field Office
Commissioner, Attn. Br. of Forestry via B.S. 690213
Branch subject
Branch chrony
Yellow chrony
HEL-009-1455-1455
HEL-009-1454-1470
KRETZ, V C TIMBER TRADERS, INC
690206
CORRESPONDENCE
KRETZ, V C TIMBER TRADERS, INC
TIMBER TRADERS, INC. PIER 20 SEATTLE WASHINGTON MAILING ADDRESS:
P.O. BOX 487 MERCER ISLAND WASHINGTON 98040 MAIN 2-6577
690206
U.S. Department of the Interior, Bureau of Indian Affairs, Post
Office Box 3785, Portland, Oregon. 97208
Attention: Mr. A. W. Galbraith
Gentlemen:
We have received no further word from you or the Western Washington
Agency regarding our purchase of timber on the Emerson Logging Unit and
would refer you to your letter of 681210, (Forestry 66-5-16 - 339.5).
The lack of communication from your office and the entire way this
matter has been handled has left us extremely disturbed.
We were initially assured that this timber was ours and made plans to
log and market it at a specific time and place for a determined price.
In addition, you have held our bid deposit of $4,600.00 since 680900.
We are hereby requesting that the contract be completed so we may begin
logging and fulfill our obligations.
Your immediate attention to this matter will be appreciated.
Yours very truly,
TIMBER TRADERS, INC. Vincent C. Kretz President
VCK:dd
cc: John B. Benedetti Western Washington Agency
HEL-009-1456-1456
HEL-009-1454-1470
GALBRAITH, A W BIA PORTLAND
690203
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
Forestry-339.5 Proposed Emerson
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
690203
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Dear Mr. Baldwin:
We are furnishing you with a record of what has taken place to date
in the matter of the Emerson Logging Unit, on the Quinault Reservation,
with regard to the sale of timber under provisions of 25 CFR 141.8(c).
The Emerson Sale was first offered for sale on 660712. No bids were
received. On 670627 and again on 680709, the sale was readvertised and
no bids were received.
During the summer months, Mr. James Hill, a Quinault allottee having
his own logging equipment, inquired of the sale and the possibility of
negotiating the sale. Initially he inquired of the possibility of
negotiating land and timber and was informed that all of the owners
would have to consent to this and that the sale then would be handled by
the Branch of Realty. He said he would contact some of the owners, but
none came in to express their opinion. Apparently they were opposed to
disposing of the land.
On 680919, Mr. Vincent Kretz of Timber Traders Inc. of Seattle,
Washington, submitted a bid proposal of $31.65 per MBM for western
hemlock and $51.50 per MBM for Sitka spruce. These were the reappraised
rates based on 2nd quarter 690000 IFA log grade prices. Mr. Kretz had
been informed that his proposal must not be less than the advertised
value or the appraised value at the time of the sale, whichever is
greater.
At this time, the Quinault Tribe was notified of receipt of the
negotiated proposal to ascertain if they had any interest in acquiring
the timber. The Tribe stated that Mrs. Helen Mitchell might be
interested, and when contacted, she stated she would, cut only on a lump
sum basis. Since the advertisement did not provide for this type of
payment, her offer could not be considered, so she withdrew it.
On 681018, Mr. James Hill submitted a bid proposal of $32.00 per MBM
for western hemlock and $52.00 per MBM for Sitka spruce after he had
been to Portland and had discussed the sale with Area Forestry
personnel.
On 681029, a canvass was made by letters and personal contacts with
most of the owners to ascertain their wishes. Of 54 inquiries, 79
percent expressed a desire to sell to the highest bidder, 15 percent
desired to negotiate to Mr. James Hill, and 6 percent wanted to sell to
Mrs. Helen Mitchell. The last of the inquiries were returned to our
Hoquiam Office about 681115.
On 681206, letters were sent to Timber Traders Inc. and Mr. James
Hill stating that a meeting had been scheduled for 681211 to meet with
the Quinault Allottee Committee concerning the Emerson Sale situation.
The letters also asked if the two bidders desired their deposits
refunded or retained pending the outcome of the meeting. Both wanted
their deposits held. At this point we wish to comment on the statement
made by Mr. Vincent C. Kretz of Timber Traders, Inc. in his letter to
you on 681203. The first sentence in the third paragraph in his letter
stated +++ "Yesterday we were advised by the Indian Agency that our bid
deposit was being returned and no explanation would be forthcoming". To
the best of our knowledge, we did advise that we were considering
returning the bid deposit, but we further explained we were doing so
because of multiple interest being shown for the timber and that we may
consider it advisable and in the best interest of the Indian owners to
readvertise. If this decision was made, Timber Traders Inc. would be
notified and sent an advertisement of the new sale offering.
Enclosed is a copy of a letter of 681212, which we received on
681220, from Mrs. Helen Mitchell, Chairman of the Quinault Allottee
Committee. Also enclosed is a copy of a letter from Mrs. Lizzie Moses
Capoeman stating her approval to accept a negotiated sale with Mr. James
Hill as the purchaser. Mrs. Capoeman is the owner of an undivided
622,080/1,244,160 trust interest in the timber. (In our inquiries to
many of the owners in 001000, Mrs. Capoeman, at that time, responded
that she desired to sell to the highest bidder.)
Since there has been interest shown by more than one person, and
because log prices have shown increases for all grades of western
hemlock and Sitka spruce logs since the sale was last advertised, it is
recommended the timber be readvertised and sold to the highest bidder at
public auction.
Sincerely yours,
John B. Benedetto Acting Superintendent
Enclosures
HEL-009-1457-1459
HEL-009-1454-1470
BALDWIN, D M BIA PORTLAND
690120
CORRESPONDENCE
CAPOEMAN, L M
RECEIVED 690120
Taholah Wash
690116
Mr. Don Clark. Hoquiam Ind. Agency
Attn:
Dear Sir.
I Recently requested a timber sale only in the Robert Emerson
allotement. My interest is 1/2 and the other half has now about 50
interest or probably more this allottement has now had two different
appraisal and advertisement without Success as to Sale.
Mrs Helen Mitchell chairman the Allottees Committee has informed your
office that a reapprasiel and advertisement be made before sale. is
again considered.
I question the position and authority of Mrs Mitchell to take this
broad view concerning my personal trust interest and rights issued me by
the U.S. Government and due to the fact that I do not recognize her
position as my personal business representative this sale he concluded
with my approval accepting Mr. James Hill as the purchaser
Lizzie Moses Capoeman
HEL-009-1460-1460
HEL-009-1454-1470
CLARK, D HOQUIAM IND AGENCY
681213
CORRESPONDENCE
CLARK, D W
681213
THE FILES
Don W. Clark, Forest Manager
Telephone Conversation with Mr. Carlson of Congresswoman Julia Butler
Hansen's Office
On 001211, at 2:30 p.m., Mr. Carlson called the Forestry Office
pertaining to a letter he had received from Timber Traders Inc.,
relative to a bid submitted by them for timber on the Robert Emerson
Allotment No. 100, on the Quinault Reservation. Since I had gone out to
Taholah to meet with the Quinault Allottee Committee, he requested I
call him on 681212.
At 11:30 a.m, I talked with Mr. Carlson and told him that all of the
circumstances and facts on the sale were being compiled and that a copy
of the Bureau's reply to Timber Traders Inc. would be furnished Mrs.
Hansen's Office at an early date. He mentioned he was not familiar with
the circumstances and appreciated the information.
This subject matter was discussed with Portland Area Office personnel
prior to and after the telephone conversation. I also discussed this
with Superintendent Felshaw during his visit to the Hoquiam Office in
the afternoon of 681212.
Sgd. Don W. Clark
Don W. Clark Forest Manager
cc: Supt. Area Forerter Act. Asst. Supt.
HEL-009-1461-1462
HEL-009-1454-1470
FILES
691210
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
691210
Forestry 65-5-16 - 339.5 Emerson L. U.
Mr. Vincent C. Kertz Timber Traders, Inc, P. O. Box 487 Mercer
Island, Washington 98040
Dear Mr. Kretz:
We wish to acknowledge receipt of your letter of 681203, concerning
bidding on the Emerson Logging Unit. A reply will be made as soon as we
have obtained information on this matter from the Western Washington
Agency.
Sincerely yours,
A.W. GALBRAITH Assistant Area Director
(Economic Development)
cc: Supt., Western Washington Agency Hoquiam Field Office
VKMeeker:du - 12-10-68
HEL-009-1463-1463
HEL-009-1454-1470
KRETZ, V C TIMBER TRADERS, INC
681210
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
681210
Forestry 66-5-16 - 339.5 Emerson L. U.
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Enclosed is a letter copy from Timber Traders, Inc., and our
acknowledgement. Please furnish this office with a record of what has
transpired to date in the matter of the Emerson Logging Unit with regard
to sale of the timber under the provisions of 25 CFR 141.8(c) along with
information bearing on the issue raised by Timber Traders, Inc.
Sincerely yours,
A. W. Galbraith Assistant Area Director
(Economic Development)
Enclosures 2
cc: Hoquiam Field Office Branch subject Branch chrony Yellow chrony
HEL-009-1464-1464
HEL-009-1454-1470
FELSHAW, G M W WA AGENCY
681203
CORRESPONDENCE
KRETZ, V C TIMBER TRADERS, INC
TIMBER TRADERS, INC PIER 20. SEATTLE, WASHINGTON
MAILING ADDRESS: P.O. BOX 487 MERCER ISLAND, WASHINGTON 98040 MAin
2-6577
681203
Mr. Dale Baldwin, Area Director Bureau of Indian Affairs, P.O. Box
3785 Portland, Oregon. 97200
Dear Mr. Baldwin:
On 680709, an oral auction was held for the sale of timber on the
Quinault Indian Reservation, specifically the Robert Emerson Logging
Unit. There were no bidders for this timber. A short time later it
came to our attention that this timber could be purchased at the
appraised price. Upon indicating our interest in a purchase, we were
told the timber had been reappraised, upwards, and if we were still
interested, we would have to pay on the basis of the reappraisal. We
subsequently forwarded our bid along with the required bid deposit and
assumed the timber was ours.
Time went by and in 001000 of this year we were advised by the Indian
Agency in Hoquiam, Washington, that there were two other bidders for
this same timber, one higher and one lower. We were not told the amount
of these bids but that if we were still interested we could make yet
another bid. This we did even though we thought it highly irregular.
About this time we found out the other bidders were aware of how much we
bid in each instance. Yesterday we were advised by the Indian Agency
that our bid deposit was being returned and no explanation would be
forthcoming. Inasmuch as what has transpired to date is contrary to all
usual bidding practices, we have consulted our attorney as to the
legality of the situation.
We are at a loss to understand just what is going on and would
appreciate any help you can give us in this matter.
Yours very truly, TIMBER TRADERS, INC Vincent C. Kretz President
HEL-009-1465-1465
HEL-009-1454-1470
BALDWIN, D BIA PORTLAND
681206
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
ILLEGIBLE
Forestry-339.5 Proposed Emerson
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
681206
Timber Traders, Inc P.O. Box 487 Mercer Island, Washington 98040
Gentlemen:
We regret the time lapse from the time you deposited a bid with the
Agency for timber on the Emerson Logging Unit, on the Quinault
Reservation. There have been many factors to consider and many owners
in widely scattered locations had to be contacted.
We are hopeful that a decision can be reached on 681211 on the wishes
of the owners. Please advise us whether or not you wish your deposit
refunded to you or retained by us pending the outcome of the meeting.
Sincerely yours, (Sdg) John B. Benedetta Acting Superintendent
ccc Branch of Forestry, PAO
HEL-009-1466-1466
HEL-009-1454-1470
TIMBER TRADERS, INC
681210 681206
CORRESPONDENCE CORRESPONDENCE
GALBRAITH, BENEDETTO, J A W B W WA AGENCY
ILLEGIBLE
Forestry
Forestry-339.5 66-5-16 - Proposed Emerson 339.5 Emerson
Western L. U. Washington Agency
601210 Federal Building,
Mr. 3006 Colby George M. Avenue Everett, Felshaw Superintendent,
Washington 98201 Western Washington
681206 Agency
Mr. Dear Mr. James Hill Felshaw:
P.O. Enclosed is Box 190 a letter Humptulips, Washington copy from
98552
Timber Traders, Dear Mr. Inc., and Hill:
our acknowledgement. We regret Please the time furnish this lapse
from office with the time a record you deposited of what a bid has
transpired with the to date Agency for in the timber on matter of the
Emerson the Emerson Logging Unit, Logging Unit on the with regard
Quinault Reservation. to sale There have of the been many timber under
factors to the provisions consider and of 25 many owners CFR 141.8( in
widelyc) along scattered locations with information had to bearing on be
contacted. the issue
We raised by are hopeful Timber Traders, that a Inc.
decision can Sincerely yours, be reached
A. on 681211, W. Galbraith on the Assistant Area wishes of Director
(Economic the owners. Development)
Please Enclosures 2 advise us
cc: whether or Hoquiam Field not you Office
wish your Branch subject deposit refunded
Branch to chrony you or
Yellow retained by chrony us pending the outcome of the meeting.
Sincerely yours, (Sgd) John B. Benedett Acting Superintendent
cc: Branch of Forestry, PAO
HEL-009-1488-1488 HEL-009-1467-1467
HEL-009-1488-1488 HEL-009-1454-1470
FELSHAW, G M
HILL, W WA J AGENCY
680712
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
Forestry-339.5 Proposed Emerson
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue Everett,
Washington 98201
680712
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
On 680709, sealed bids were to be received until 1:30 p.m., PDT, for
timber on the Emerson Logging Unit, Quinault Reservation. Oral auction
bids were to be received beginning at 2:00 p.m. No bids were received.
If someone becomes interested, we will request authority to sell the
timber in accordance with 25 CFR 141.8(c).
Sincerely yours, John B. Bennett Acting Superintendent
HEL-009-1468-1468
HEL-009-1454-1470
BALDWIN, D M BIA PORTLAND
690206
CORRESPONDENCE
KRETZ, V C TIMBER TRADERS, INC
TIMBER TRADERS, INC. PIER 20 SEATTLE WASHINGTON MAILING ADDRESS:
P.O. BOX 487 MERCER ISLAND, WASHINGTON 98040
690206
U.S. Department of the Interior, Bureau of Indian Affairs, Post
Office Box 3785, Portland, Oregon. 97208
Attention: Mr. A. W. Galbraith
Gentlemen:
We have received no further word from you or the Western Washington
Agency regarding our purchase of timber on the Emerson Logging Unit and
would refer you to your letter of 681210, (Forestry 66-5-16 - 339.5).
The lack of communication from your office and the entire way this
matter has been handled has left us extremely disturbed.
We were initially assured that this timber was ours and made plans to
log and market it at a specific time and place for a determined price.
In addition, you have held our bid deposit of $4,600.00 since 680900.
We are hereby requesting that the contract be completed so we may begin
logging and fulfill our obligations.
Your immediate attention to this matter will be appreciated.
Yours very truly,
TIMBER TRADERS, INC.
Vincent C. Kretz President
VCK:dd
cc: John B. Benedetti Western Washington Agency
HEL-009-1470-1470
HEL-009-1454-1470
GALBRAITH, A W BIA PORTLAND
690203
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
Forestry-339.5 Proposed Emerson
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
690203
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
We are furnishing you with a record of what has taken place to date
in the matter of the Emerson Logging Unit, on the Quinault Reservation,
with regard to the sale of timber under provisions of 25 CFR 141.8(c).
The Emerson Sale was first offered for sale on 660712. No bids were
received. On 670627 and again on 680709, the sale was readvertised and
no bids were received.
During the summer months, Mr. James Hill, a Quinault allottee having
his own logging equipment, inquired of the sale and the possibility of
negotiating the sale. Initially he inquired of the possibility o
negotiating land and timber and was informed that all of the owners
would have to consent to this and that the sale then would be handled by
the Branch of Realty. He said he would contact some of the owners, but
none came in to express their opinion. Apparently they were opposed to
disposing of the land.
On 680919, Mr. Vincent Kretz of Timber Traders Inc. of Seattle,
Washington, submitted a bid proposal of $31.65 per MBM for western
hemlock and $51.50 per MBM for Sitka spruce. These were the reappraised
rates based on 2nd quarter 680000 IFA log grade prices. Mr. Kretz had
been informed that his proposal must not be less than the advertised
value or the appraised value at the time of the sale, whichever is
greater.
At this time, the Quinault Tribe was notified of receipt of the
negotiated proposal to ascertain if they had any interest in acquiring
the timber. The Tribe stated that Mrs. Helen Mitchell might be
interested, and when contacted, she stated she would, but only on a lump
sum basis. Since the advertisement did not provide for this type of
payment, her offer could not be considered, so she withdrew it.
On 680918, Mr. James Hill submitted a bid proposal of $32.00 per MBM
for western hemlock and $52.00 per MBM for Sitka spruce after he had
been to Portland and had discussed the sale with Area Forestry
personnel.
On 680929, a canvass was made by letters and personal contacts with
most of the owners to ascertain their wishes. Of 54 inquiries, 79
percent expressed a desire to sell to the highest bidder, 15 percent
desired to negotiate to Mr. James Hill, and 6 percent wanted to sell to
Mrs. Helen Mitchell. The last of the inquiries were returned to our
Hoquiam Office about 681115.
On 681206, letters were sent to Timber Traders Inc. and Mr. James
Hill stating that a meeting had been scheduled for 681211 to meet with
the Quinault Allottee Committee concerning the Emerson Sale situation.
The letters also asked if the two bidders desired their deposits
refunded or retained pending the outcome of the meeting. Both wanted
their deposits held. At this point we wish to comment on the statement
made by Mr. Vincent C. Kretz of Timber Traders, Inc. in his letter to
you on 681203. The first sentence in the third paragraph in his letter
stated +++"Yesterday we were advised by the Indian Agency that our bid
deposit was being returned and no explanation would be forthcoming". To
the best of our knowledge, we did advise that we were considering
returning the bid deposit, but we further explained we were doing so
because of multiple interest being shown for the timber and that we may
consider it advisable and in the best interest of the Indian owners to
readvertise. If this decision was made, Timber Traders Inc. would be
notified and sent an advertisement of the new sale offering.
Enclosed is a copy of a letter of 681212, which we received on
681220, from Mrs. Helen Mitchell, Chairman of the Quinault Allottee
Committee. Also enclosed is a copy of a letter from Mrs. Lizzie Moses
Capoeman stating her approval to accept a negotiated side with Mr. James
Hill as the purchaser. Mrs. Capoeman is the owner of an undivided
622,080/1,244,160 trust interest in the timber. (In our inquiries to
many of the owners in 000900, Mrs. Capoeman, at that time, responded
that she desired to sell to the highest bidder.)
Since there has been interest shown by more than one person, and
because log prices have shown increases for all grades of western
hemlock and Sitka spruce logs since the sale was last advertised, it is
recommended the timber be readvertised and sold to the highest bidder at
public auction.
Sincerely yours,
(ILLEGIBLE LINE) Acting Superintendent
Enclosures
HEL-009-1471-1473
HEL-009-1471-1473
BALDWIN, D M BIA PORTLAND
680123
CORRESPONDENCE
CAPOEMAN, L M
RECEIVED
690120
Taholah Wash 1-16-19
Mr. Don Clark Hoquiam Ind. Agency.
Dear Sir.
I recently requested a timber Sale only in the Robert Emerson.
Allotment. My intrest is 1/2 and the other half has now about 50.
interest or probably more this allottment has now had two different
appraisal and advertisement without Success as to Sale.
Mrs. Helen Mitchell Chairman the allottees Committee has informed
your office that a reapprasied and advertisement be made before sale is
again considered.
I question the position and authority of Mrs Mitchell to take this
broad view concerning my personal trust interest and rights issued me by
the U.S. Government and due to the fact that I do not reconize her
position as my personal business Respresentative this sale he concluded
with my approval accepting Mr. James Hill as the purchaser
Lizzie Mosis Capoeman
HEL-009-1474-1474
HEL-009-1474-1474
CLARK, D HOQUIAM IND AGENCY
690103
CORRESPONDENCE
BENNETT, R L BIA WASH DC
Forestry 791-67
690103
Mr. Dale M. Baldwin
Area Director, Portland, Oregon 97208
Dear Mr. Baldwin:
We have reviewed your 681202 letter and attachments from
Superintendent Felshaw and Mr. James Jackson, concerning a request for a
one-year grace period in which to prepare a plan of operation for a
tribal logging enterprise on the Quinault Reservation, Washington.
Our telegram of 001025 granted special permission for the Tribe to
use a modified cutting permit, Form 5-613, to harvest the timber from
the Lizzie Rolfson Allotment, while a plan of operation was being
developed for the proposed tribal enterprise, under 25 CFR 141.6. We
believe the plan of operation can be finalized for our approval within
several weeks of concentrated effort by the Bureau and the Tribe. You
should assist the Tribe to expedite preparation of their plan of
operation, which will qualify such logging under Title 25 CFR 141.6, for
our early approval.
It is important that a start be made where the opportunities exist,
even though on a small scale. We are not granting further delays, and
recommend that the Bureau take the initiative in approaching the Tribe,
with the view of developing a simple plan that will contain the bare
essentials. This can be developed to a more comprehensive and
sophisticated plan as the Tribe gains experience, and it may be modified
as needed.
The more complex land purchase and use plan can be developed
independently and incorporate the tribal logging enterprises into the
overall program. The initial plan will give the Tribe an immediate
working tool to meet the harvesting needs.
Sincerely yours,
(SGD) ROBERT L. BENNETT Commissioner
cc: 300 Surname Forestry Chrony Mailroom Chrony Holdup
HEL-009-1475-1475
HEL-009-1475-1475
BALDWIN, D M BIA PORTLAND
680212
CORRESPONDENCE
BENNETT, R L BIA WASH DC
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20242
OFFICE OF ROBERT L. BENNETT THE COMMISSIONER
681202
MR. BROADHEAD:
Please see me.
RLB
HEL-009-1476-1476
HEL-009-1476-1480
BROADHEAD BIA WASH DC
681121
CORRESPONDENCE
SKARRA, P E BR OF FORESTRY
FORM 5-387
670400
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
CENTRAL OFFICE ROUTE SLIP
SUBJECT Memo: Commissioner
Re: Quinault - Proposal for Bureau acquisition of private road
rights.
FROM Perry E. Skarra, Chief, Branch of Forestry
Code 330
PHONE 33163
DATE ROUTED 681121
COMMENTS
Phil: Perhaps, this should be held confidential until checkedout
with Commissioner and roads. I have discussed with Portland and roads
have - Perry
RLB Should we consider legislation ILLEGIBLE
Mr Broadhead Please see me.
RDB
HEL-009-1477-1477
HEL-009-1476-1480
COMM BIA WASH DC
681122
CORRESPONDENCE
SKARRA, P E BR OF FORESTRY
UNITED STATES GOVERNMENT
Memorandum
681122
To: Commissioner of Indian Affairs Through: Assistant Commissioner,
Economic Development
From: Chief, Branch of Forestry
SUBJECT: Quinault - Proposal for Bureau acquisition of private road
rights
Serious problems encountered by the Quinault Tribe and by allottees,
in the development of their lands, including timber harvest, stem from
difficulties involved in obtaining use of privately-owned (non-Indian)
roads in the Queets area of the reservation. Use of these roads at
reasonable toll rates has been a source of dissatisfaction and
continuing complaint from the allottees and tribal leaders. In a report
dated 680919, the Special Task Force on Quinault land and timber sales,
appointed by the Secretary, identified the difficulties encountered by
the Indians because of the lack of "adequate Federally controlled
access" in the Queets area. It was the opinion of the Task Force that
these private roads have tended to discourage competition, resulting in
the Indians receiving less than fair value in the sales of their land
and timber. Timber sales at the request of the owners have virtually
come to a standstill. The Task Force recommended that the Bureau
"aggressively negotiate with the owners of access roads in the Queets
Unit to obtain third party use agreements which are as favorable to the
Indian people as possible."
While some improvements have been realized in isolated cases,
negotiations with the road owners have generally not produced
satisfactory results. While the Bureau may negotiate "aggressively," it
lacks any real position of strength. As one employee expressed it,
"It's like going into a rock fight with a pocketful of marshmallows." At
best, the use arrangements can usually be worked out only on a
case-by-case basis. While the Bureau should continue efforts to improve
the use agreements, attention should also be directed toward a permanent
solution.
To provide for orderly and reasonable-rate road use in the Queets
area, I believe the Bureau should explore the possibility of acquiring,
by purchase or grant, the key roads in the area.
Such an undertaking would involve the following:
1. Determination of legal authorities available to the Bureau for
purchase and acquisition of existing roads.
2. Adequate engineering surveys to determine the transportation
needs, and type and condition of existing roads.
3. Study and analyses of all rights-of-way granted in the Queets
Unit by the Bureau.
4. Negotiations with owners of the roads to acquire by purchase or
grant the private interests and rights-of-way.
5. Designation of the roads for public use as part of the Bureau
reservation road system.
6. Provision for adequate maintenance of the roads acquired by the
Bureau, with or without a use charge to timber haulers.
7. Possibly some construction to link some of the acquired roads, to
improve access.
It is not possible to estimate the cost of acquiring the necessary
roads until the surveys and analyses indicated above have been
completed.
Construction costs for permanent-type timber roads in the area have
been running from $10,000 to $35,000 per mile, with the average at about
$20,000. Negotiations for un-amortized private interests and
outstanding rights-of-way may possibly result in acquisition for a
fraction of the construction costs. With possibly 40-50 miles of
existing key roads to be considered, the project could run to $500,000
for acquisition alone.
The Branch of Roads would, of course, need to determine the
engineering features and provide the expertise in the negotiations.
The Bureau has constructed very few roads on the Quinault
Reservation. Most of the reservation roads are old, reconstructed
logging roads, or old logging roads which received some Bureau
maintenance services. The Bureau has constructed no roads in the Queets
Unit. Limited funds have occasionally been expended for maintenance of
a low standard, truck trail built by the CCC along the coast, south of
the village of Queets.
It has been held that highway construction funds available to the
Bureau can not be used for timber access. In keeping with this view,
the GAO has kept a sharp eye on road expenditures in Indian timbered
areas. The Bureau has accepted this limitation on construction funds;
and, consequently, the Indians themselves have had to pay for timber
harvest roads. This has been a key deterrent to development of Indian
timber (BLM and Forest Service both get timber access money). Quinault,
with the allottee situation, is a prime example of developmental
difficulties due to the lack of access.
We believe there is more involved than just timber access in the case
of the Quinault, especially in the Queets Unit. The tribe and allottees
are restricted in the use, development, and enjoyment of their land
tracts. If their lands were not timbered, there would be no question of
the authority of the Bureau to build roads to serve them. The situation
in the Queets area is now such that properly engineered and controlled
roads are necessary for purposes other than strictly timber harvest
needs. Land development and recreational demands are coming to the
fore. The serious forest fire in 1967 (the worst in over 25 years)
illustrated the need for better road management. The fire spread in
slash along the private roads because of improper cleanup. Roads are
also needed by the Bureau in carrying out its administrative
responsibilities.
Perhaps most importantly, the Indian owners should have reasonable
access to their lands. In the past few years, there has been a
tremendous surge of interest on the part of the Indians on the Quinault
in development of their lands. They should not be denied the
opportunities to help themselves because of access problems. I believe
acquisition of key private roads, with the Bureau providing reasonable
road management, would do much toward solving the present predicament.
Perry E. Skarra Chief, Branch of Forestry
HEL-009-1478-1480
HEL-009-1476-1480
COMM OF IND AFFAIRS ASST COMM ECON DVLP
681202
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
Forestry 339.5 - 63-4-18
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
AIRMAIL
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Branch of Forestry
Sir:
By teletype dated 681025, this office was authorized to issue a
timber cutting permit to the Quinault Tribe to cover disposal of timber
on the Lizzie Rolfson Allotment now in tribal status. The authority was
granted with the condition that formalized documents would be developed
by the Quinault Tribe to cover any subsequent sale of tribal timber.
We are enclosing a copy of letter dated 681118, from the Chairman of
the Quinault Tribe and a copy of letter dated 681122, from the
Superintendent of the Western Washington Agency. The letters contain
requests for delaying formalization of a tribal land use and timber sale
program. Special cutting permit authority similar to that issued for
the Lizzie Rolfson Allotment is requested to cover future timber
holdings the tribe may acquire.
At the present time no timber tract other than the Rolfson Allotment
has been purchased by the tribe. They do, however, plan on purchasing
additional tracts as funds become available.
We shall continue efforts to assist the tribe in formalizing simple
plans which could qualify such operations under existing regulations.
However, until the tribe chooses to pursue this possibility further, we
will appreciate your consideration of the tribe's request and the
recommendations of the Superintendent.
Sincerely yours,
A. W. Galbraith Assistant Area Director (Economic Development)
Enclosures 2
cc: Supt., Western Washington Agency
HEL-009-1481-1481
HEL-009-1481-1483
COMM OF IND AFFAIRS BR OF FORESTRY
681122
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
300 Colby Avenue Everett, Washington 98201
681122
Mr. Dale M. Baldwin Area Director, Portland, Oregon
Attention: Assistant Area Director, Ec. Dev.
Dear Mr. Baldwin:
Mr. James Jackson, Chairman, Quinault Tribal Council, has submitted
the attached letter expressing interest in special cutting permits for
harvesting of tribal timber and indicates the tribe proposes to prepare
a land purchase program within one year. Agency recommendations
regarding special cutting permits to the tribe was expressed in our
letter of 830924.
Recognizing the tribe's position as expressed in the attached letter,
it is the Agency's recommendation that special cutting permit authority
be obtained and extended on an individual allotment basis as the need
arises, with a very strong statement to the tribe that this condition or
assistance will expire at the end of one year at which time a tribal
land use and timber sale program shall be in existence.
Sincerely yours,
George M Felshaw Superintendent Attachment
HEL-009-1482-1482
HEL-009-1481-1483
BALDWIN, D M BIA PORTLAND
681118
CORRESPONDENCE
JACKSON, J QUINAULT TRIBAL AFF
RECEIVED
681120
QUINAULT TRIBAL AFFAIRS Quinault Indian Reservation TAHOLAH,
WASHINGTON 98587
OFFICERS:
JAMES JACKSON Chairman
RALPH CAPOEMAN Vice-Chairman
MARIAN HOLLOWAY Secretary-Treasurer
JOSEPH DELACRUZ Business Manager
COUNCILMEN:
JOHN SHALE
DAVE PURDY
CLARENCE POPE
JESSIE CURLEY
ELIZABETH COLE
PHONE 276-5736
681118
Mr. George Felshaw Superintendent, Western Washington Agency Federal
Bldg. 3006 Colby Ave. Everett, Washington 98201
Dear Mr. Felshaw:
The Quinault Tribe has a land purchasing fund of $100,000. The tribe
purchased the Lizzie Rolfson allotment for $87,000 several months ago.
The Business Committee has submitted a request for a special timber
cutting permit for the Rolfson allotment. We feel it is very
impractical for the tribe's purchasing funds to be tied up in timber for
long periods of time awaiting cutting permits for each individual
allotment.
We, therefore, request the Bureau of Indian Affairs to issue a
special cutting permit (for all timbered allotments purchased) to the
Quinault Tribe for one year or until the Quinault Tribe can develope an
approved land purchasing program.
Sincerely yours,
James Jackson Chairman, Quinault Tribe
HEL-009-1483-1483
HEL-009-1481-1483
FELSHAW, G M W WA AGENCY
681218
CORRESPONDENCE
SKARRA, P E BIA BR OF FORESTRY
681218
Mr. J. W. Goodwin, Chief, Real Property Management Through:
Assistant Commissioner, Economic Development
Perry E. Skarra, Chief, Branch of Forestry
Patents in fee within timber or grazing units for competent Indians.
Attached you will find a copy of a policy revision proposed by the
Bureau in 540000 in an attempt to solve the allotment ingress and egress
problem that we recently discussed with Commissioner Bennett. Also
enclosed is a copy of the Department's response to the proposed plan to
grant a patent in fee, provided the allottee would agree in advance to
grant crossing privilieges over the land without hindrance except for
the payment of real and actual damages resulting from such use.
The attached file (9812-1955-312), Patents in Fee to Indian Allottees
Proposed to Exact Right-of-Way Upon Granting of Such Patents, includes a
great deal of information concerning the proposal. If we can be of any
more help please let us know.
Perry E. Skarra Chief, Branch of Forestry
Enclosures
cc: Surname Forestry Chrony Mailroom Chrony 300 301 Holdup
AMWoll:bar-681213
HEL-009-1484-1484
HEL-009-1484-1484
GOODWIN, J W BIA REAL PROP MGMT
681213
CORRESPONDENCE
CLARK, D W
681213
THE FILES
Don W. Clark, Forest Manager
Telephone Conversation with Mr. Carlson of Congresswoman Julia Butler
Hansen's Office
On 001211, at 2:30 p.m., Mr. Carlson called the Forestry Office
pertaining to a letter he had received from Timber Traders Inc.,
relative to a bid submitted by them for timber on the Robert Emerson
Allotment No. 100, on the Quinault Reservation. Since I had gone out to
Taholah to meet with the Quinault Allottee Committee, he requested I
call him on 681212.
At 11:30 a.m., I talked with Mr. Carlson and told him that all of the
circumstances and facts on the sale were being compiled and that a copy
of the Bureau's reply to Timber Traders Inc, would be furnished Mrs.
Hansen's Office at an early date. He mentioned he was not familiar with
the circumstances and appreciated the information.
This subject matter was discussed with Portland Area Office personnel
prior to and after the telephone conversation. I also discussed this
with Superintendent Felshaw during his visit to the Hoquiam Office in
the afternoon of 681212.
Sgd. Don W. Clark Forest Manager
cc: Supt. Area Forester Act. Asst. Supt.
680127
Matter to attn. Asst. Area Director
HEL-009-1486-1486
HEL-009-1486-1487
FILES
681210
CORRESPONDENCE
GALBRAITH, A W BIA ECON DVLP
Forestry 66-5-16 - 339.5 Emerson L. U.
BRANCH SUBJECT
BRANCH CHRONY
YELLOW CHRONY
681210
Mr. Vincent C. Kretz Timber Traders, Inc. P. O. Box 487 Mercer
Island, Washington 98040
Dear Mr. Kretz:
We wish to acknowledge receipt of your letter of 681203, concerning
bidding on the Emerson Logging Unit. A reply will be made as soon as we
have obtained information on this matter from the Western Washington
Agency.
Sincerely yours,
A. W. Galbraith Assistant Area Director (Economic Development)
cc: Supt., Western Washington Agency Hoquiam Field Office
HEL-009-1487-1487
HEL-009-1486-1487
KRETZ, V C TIMBER TRADERS, INC
681206
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
Forestry-339.5 Proposed Emerson
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
681206
Mr. James Hill P. O. Box 190 Humptulips, Washington 98552
Dear Mr. Hill:
We regret the time lapse from the time you deposited a bid with the
Agency for timber on the Emerson Logging Unit, on the Quinault
Reservation. There have been many factors to consider and many owners
in widely scattered locations had to be contacted.
We are hopeful that a decision can be reached on 681211 on the wishes
of the owners. Please advise us whether or not you wish your deposit
refunded to you or retained by us pending the outcome of the meeting.
Sincerely yours,
(Sgd) John B. Benedett Acting Superintendent
cc: Branch of Forestry, PAO
HEL-009-1489-1489
HEL-009-1489-1489
HILL, J
681203
CORRESPONDENCE
KRETZ, V C TIMBER TRADERS, INC
TIMBER TRADERS, INC. PIER 20 SEATTLE, WASHINGTON MAILING ADDRESS:
P.O. BOX 487 MERCER ISLAND WASHINGTON 98040 MAIN 2-6577
681203
Mr. Dale Baldwin, Area Director Bureau of Indian Affairs, P. O. Box
3785, Portland, Oregon, 97200
Dear Mr. Baldwin:
On 680709, an oral auction was held for the sale of timber on the
Quinault Indian Reservation, specifically the Robert Emerson Logging
Unit. There were no bidders for this timber. A short time later it
came to our attention that this timber could be purchased at the
appraised price. Upon indicating our interest in a purchase, we were
told the timber had been reappraised, upwards, and if we were still
interested, we would have to pay on the basis of the reappraisal. We
subsequently forwarded our bid along with the required bid deposit and
assumed the timber was ours.
Time went by and in 001000 of this year we were advised by the Indian
Agency in Hoquiam, Washington, that there were two other bidders for
this same timber, one higher and one lower. We were not told the amount
of these bids but that if we were still interested we could make yet
another bid. This we did even though we thought it highly irregular.
About this time we found out the other bidders were aware of how much we
bid in each instance.
Yesterday we were advised by the Indian Agency that our bid deposit
was being returned and no explanation would be forthcoming. Inasmuch as
what has transpired to date is contrary to all usual bidding practices,
we have consulted our attorney as to the legality of the situation.
We are at a loss to understand just what is going on and would
appreciate any help you can give us in this matter.
Yours very truly,
TIMBER TRADERS, INC.
Vincent C. Kretz President
HEL-009-1490-1490
HEL-009-1490-1495
BALDWIN, D BIA PORTLAND
681206
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
Forestry-339.5 Proposed Emerson
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
681206
Timber Traders, Inc P. O. Box 487 Mercer Island, Washington 98040
Gentlemen:
We regret the time lapse from the time you deposited a bid with the
Agency for timber on the Emerson Logging Unit, on the Quinault
Reservation. There have been many factors to consider and many owners
in widely scattered locations had to be contacted.
We are hopeful that a decision can be reached on 681211 on the wishes
of the owners. Please advise us whether or not you wish your deposit
refunded to you or retained by us pending the outcome of the meeting.
Sincerely yours, (Sgd) John B. Benedetta Acting Superintendent
ccc Branch of Forestry, PAO
ORAL AUCTION SALE OF TIMBER EMERSON LOGGING UNIT QUINAULT INDIAN
RESERVATION
SEALED BIDS, in duplicate, on forms provided therefor, marked
outside, "Bid. Emerson Logging Unit", addressed to the Superintendent,
Western Washington Agency Hoquiam Field Station, Hoquiam, Washington
98550, will be received until 1:30 p.m. Pacific Daylight Time, 680709,
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, 690709, for the purchase of timber on a tract within the
Quinault Indian Reservation designated as the Emerson 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 Lot 10 and SW1/4SE1/4; Section
35, Township 24 North, Range 13 West, Willamette Maridian, Washington,
containing 75 acres. This unit contains on estimated stand to be cut of
902,000 board feet of western hemlock and other species, and 326,000
board feet of Sitka spruce, which estimates are not guarantee Each
bidder must state the price per thousand feet, B.M., Scribner Decimal C
Log Scale that will be paid for the timber cut, and no bid will be
considered for uses than $30.45 per M feet, B.M., for western hemlock
and other species, and $46.96 per M feet, B.M., for Sitka spruce.
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 Three
Hundred Dollars (4,300.00) 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 partnership, may be required at the time
of bidding to submit in writing 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 contract will specify that all designated
timber shall be cut and removed from the unit by 691231, 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 what the cost of each 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
will marked at the completion of the contract. Bureau of Indian Affairs
bid form 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, Federal Building 3006 Colby Avenue, Everett, Washington
98202, or his representative at Room 306 Post Office Building, Hoquiam,
Washington 98550, or the Area Director, Bureau of Indian Affairs
Portland Area Office, P.O. Box 3765, Portland, Oregon 97208. Dated this
630613, at Portland, Oregon, Kenneth W. Hadley, Acting Assistant Area
Director
Such an undertaking would involve the following:
1. Determination of legal authorities available to the Bureau for
purchase and acquisition of existing roads.
2. Adequate engineering surveys to determine the transportation
needs, and type and condition of existing roads.
3. Study and analyses of all rights-of-way granted in the Queets
Unit by the Bureau.
4. Negotiations with owners of the roads to acquire by purchase or
grant the private interests and rights-of-way.
5. Designation of the roads for public use as part of the Bureau
reservation road system.
6. Provision for adequate maintenance of the roads acquired by the
Bureau, with or without a use charge to timber haulers.
7. Possibly some construction to link some of the acquired roads, to
improve access.
It is not possible to estimate the cost of acquiring the necessary
roads until the surveys and analyses indicated above have been
completed.
Construction costs for permanent-type timber roads in the area have
been running from $10,000 to $35,000 per mile, with the average at about
$20,000. Negotiations for un-amortized private interests and
outstanding rights-of-way may possibly result in acquisition for a
fraction of the construction costs. With possibly 40-50 miles of
existing key roads to be considered, the project could run to $500,000
for acquisition alone.
The Branch of Roads would, of course, need to determine the
engineering features and provide the expertise in the negotiations.
The Bureau has constructed very few roads on the Quinault
Reservation. Most of the reservation roads are old, reconstructed
logging roads, or old logging roads which received some Bureau
maintenance services. The Bureau has constructed no roads in the Queets
Unit. Limited funds have occasionally been expended for maintenance of
a low standard, truck trail built by the CCC along the coast, south of
the village of Queets.
It has been held that highway construction funds available to the
Bureau can not be used for timber access. In keeping with this view,
the GAO has kept a sharp eye on road expenditures in Indian timbered
areas. The Bureau has accepted this limitation on construction funds;
and, consequently, the Indians themselves have had to pay for timber
harvest roads. This has been a key deterrent to development of Indian
timber (BLM and Forest Service both get timber access money.) Quinault,
with the allottee situation, is a prime example of developmental
difficulties due to the lack of access.
We believe there is more involved than just timber access in the case
of the Quinault, especially in the Queets Unit. The tribe and allottees
are restricted in the use, development, and enjoyment of their land
tracts. If their lands were not timbered, there would be no question of
the authority of the Bureau to build roads to serve them. The situation
in the Queets area is now such that properly engineered and controlled
roads are necessary for purposes other than strictly timber harvest
needs. Land development and recreational demands are coming to the
fore. The serious forest fire in 670000 (the worst in over 25 years)
illustrated the need for better road management. The fire spread in
slash along the private roads because of improper cleanup. Roads are
also needed by the Bureau in carrying out its administrative
responsibilities.
Perhaps most importantly, the Indian owners should have reasonable
access to their lands. In the past few years, there has been a
tremendous surge of interest on the part of the Indians on the Quinault
in development of their lands. They should not be denied the
opportunities to help themselves because of access problems. I believe
acquisition of key private roads, with the Bureau providing reasonable
road management, would do much toward solving the present predicament.
Perry E. Skarra Chief, Branch of Forestry
cc: 300 Surname Forestry Chrony Mailroom Chrony Holdup
HEL-009-1491-1495
HEL-009-1490-1495
TIMBER TRADERS, INC
681121
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
RECEIVED
681125
Forestry 66-1-20 - 339.4 W. Wash. Gen. Supv.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
681121
AIRMAIL
Commissioner of Indian Affairs
Washington, D. C. 20242
Attention: Branch of Forestry
Sir:
In response to telephone request of Mr. Charley Chester, we are
enclosing the following sample documents.
1. Right-of-way agreement across Indian trust lands involved in the
Mayr Bros. road system.
2. Stipulations referred to in the above agreement. Sections 8 and
9 pertain to third party use and payment for use.
3. Various letters from Mayr Bros. Logging Company concerning use of
the road system as related to specific blocks of Indian trust timber.
4. Road use permit form for use by operators removing timber over
Mayr Bros. road system.
5. Road use permit and agreement covering third party use of road
built by Anderson & Middleton Lbr. Co.
6. Road use permit pertaining to third party use of road constructed
by Esses Logging Co.
Sincerely yours,
A. W. Galbraith Assistant Area Director (Economic Development)
Enclosures 6
MAYR BROS. (ILLEGIBLE) HOQUIAM - GRAYS (ILLEGIBLE)
MAP SHOWING RIGHT-OF-WAY RE ACROSS THE SW1/4SW1/4 OF SEC AND GOVT
LOTS 2 AND 7, SECT
SCALE: 1 INCH = 200 FEET BEARINGS TRUE
Map not keyed, see original
CERTIFICATE OF PRESIDENT
STATE OF WASHINGTON COUNTY OF GRAYS HARBOR
I, Werner Mayr, being July sworn on oath say: that I am the
President of Mayr Bros. Logging Co. Inc. Hoquiam, Washington, which has
applied for right of way for access truck road described as follows; A
right of way forty (40) feet in width, twenty (20) feet of such width on
either side of the following described centerline as the same is now
located and staked out on the ground over, across and through the
SW1/4SW1/4 of Section
Map not keyed, see original
RECEIVED
570722
CERTIFICATE OF VICE PRESIDENT
STATE OF WASHINGTON COUNTY OF GRAYS HARBOR
I solemnly swear that Werner Mayr is now, and has been, the President
of Mayr Bros. Logging Co. Inc., incorporated under the laws twenty (20)
feet of such width on either side of the following described centerline
as the same is now located and staked out on the ground over, across and
through the SW1/4SW1/4 of Section Thirty-Four (34), Township Twenty-Four
(24) North, Range Twelve (12) West, and Govt. Lots 2 and 7, Section Five
(5), Township Twenty-Three (23) North, Range Twelve (12) West of the
Willamette Meridian, situated within the Quinault Indian Reservation, in
Grays Harbor County, State of Washington, said parcels of land being
also described as Roy Secena Allotment Number Twenty-One Hundred and
Ninety (2190), and Conrad Williams Allotment Number Six Hundred and
Ninety - Six (696), the centerline being more particularly described as
follows; Beginning at a point on the centerline which is 30 feet South
of the common corner to Govt. Lots 2,3,6, and 7 of Section 5. (23-12),
and known as survey station 24+50; thence North 45degrees 00' East a
distance of 42 feet to a point 30 feet East of the same common corner
and on the North line of Gov't. Lot 7, known as survey station 24+08;
thence North 45degrees 00' East a distance of 792 feet to survey station
16+16, thence North a distance of 1,616 feet to a point on the South
right of way line of State Highway No. 9 known as survey station 0+00,
which is 100.0 feet west of the line between the SW1/4SW1/4 and the
SE1/4SW1/4 of Section 34,(24.12). Also beginning at survey station 9+00
thence West 715 feet to a point on the line between Gov't. Lots 1 and 2
in Section 5. (23-12), which point is 36' South of the common North
corner of those Lots and is known as survey station 7+15. The above
described right of way contains .04 acres, more or less, in Conrad
Williams Allotment 695 and 285 acres, more or less, in Roy Secena
Allotment 2190; and that the survey for such right of way was made by
me as such President of said applicant and under its authority such
survey is accurately and truly shown and represented on this map.
S/Werner Mayr PRESIDENT - MAYR BROS. LOGGING CO. INC.
Subscribed and sworn to before me this 561231
S/Nellie G. Gillispie Notary Public in and for the State of
Washington, residing in Aberdeen
I solemnly swear, that Werner Mayr is now, and has been, the
President of Mayr Bros. Logging Co Inc., incorporated under the laws of
the State of Washington and is and has been at all such times authorized
on behalf of said Incorporation to make application for right of way for
access truck road over Indian lands within the Quinault Indian
Reservation, and all maps, papers, and agreements in connection
therewith, and that his actions in making or executing the same binds
the said Incorporation to full performance of all obligations
thereunder.
MAYR BROS. LOGGING CO., INC.
S/Mazell Mayr VICE PRESIDENT
S/J. Mayr SECRETARY
Subscribed and sworn to before me this 560000
Nellie G. Gillispie Notary Public in and for the State of Washington,
residing in Aberdeen.
Approved 570409, 560000 for a period of 50 years from the date
pursuant to the provision of the Act of 480205 (Sta. 25 U.S.C. 323-328)
and Departmental Regulations (25 CFR 256) and subject to any prior,
valid, existing right or adverse claim, and pursuant to the terms
stipulated in the application
S/M.L. Schwartz Acting SUPERINTENDENT Western Washington Indian
Agency Everett, Washington.
I solemnly swear that Werner Mayr is now, and has been, the President
of Mayr Bros. Logging Co. Inc, incorporated under the laws of the State
of Washington and is and has been at all such times authorized on behalf
of said Incorporation to make application for right of way for access
truck road over Indian lands within the Quinault Indian Reservation, and
all maps, papers, and agreements in connection therewith, and that his
actions in making or executing the same binds the said Incorporation to
full performance of all obligations thereunder.
MAYR BROS. LOGGING CO., INC.
S/Mazell Mayr VICE PRESIDENT
S/J. Mayr SECRETARY
Subscribed and sworn to before me this day of 560000
Nellie G. Gilispie
Notary Public in and for the State of Washington, residing in
Aberdeen
Approved 570409, 560000 for a period of 50 years from the date
pursuant to the provision of the Act of 480205 (Sta. 25 U. S. C. 323
328) and Departmental Regulations (25 CFR 256) and subject to any prior,
valid, existing right or adverse claim, and pursuant to the terms
stipulated in the application
S/M.C. Schwartz Acting SUPERINTENDENT Western Washington Indian
Agency. Everett, Washington.
HEL-009-1496-1501
HEL-009-1496-1501
COMM OF IND AFFAIRS BR OF FORESTRY
680712
CORRESPONDENCE
BENEDETTO, J B W WA AGENCY
Forestry-339.5 Proposed Emerson
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
680712
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
On 680709, sealed bids were to be received until 1:30 p.m., PDT, for
timber on the Emerson Logging Unit, Quinault Reservation. Oral auction
bids were to be received beginning at 2:00 p.m. No bids were received.
If someone becomes interested, we will request authority to sell the
timber in accordance with 25 CFR 141.8(c).
Sincerely yours,
John B. Benedetto Acting Superintendent
RECEIVED
590904
STIPULATION
Attn:
Pursuant to the application of the undersigned dated 581216 for a
logging truck right-of-way across Quinault Reservation lands under the
jurisdiction of the Area Director of the Portland Area Office, Bureau of
Indian Affairs, Portland, Oregon, on behalf of itself, its successors
and assigns, does hereby stipulate, covenant and agree in consideration
of the granting of the desired right-of-way as follows:
1. That it will accept the desired right-of-way grant subject to the
right of the Secretary of the Interior to permit other logging or common
carrier railroad, logging truck roads, canals, ditches, truck roads or
other projects to cross the right-of-way to be granted pursuant to said
application at such points and upon such terms as may reasonably be
determined by the Secretary of the Interior or his authorized
representatives to be necessary and equitable to all parties in
interest.
2. That Mayr Bros. Logging Co. Inc., will, as promptly as is
reasonably practicable after learning of the same, report to the
Superintendent of the Western Washington Indian Agency, or such other
station as may be designated, at the nearest telephone or by other means
of communication all fires starting in the vicinity of this right-of-way
and will use its best efforts to extinguish or cause to be extinguished,
without cost to the Bureau of Indian Affairs or the Indians, all fires
starting on the right-of-way or lands adjoining the right-of-way, the
origin of which is caused by the negligent act or ommission of Mayr
Bros. Logging Co. Inc., its employees or contractors.
3. That Mayr Bros. Logging Co. Inc., will promptly furnish all
reasonable assistance in men and materials under the direction of the
Superintendent of the Western Washington Agency to fight fires
originating upon or adjacent to its right-of-way. If Mayr Bros. Logging
Co. Inc., its employees, agents or contractors, are not legally
responsible by reason of negligent act or omission for the origin or
spread of the fire, reimbursement will be made as provided in Section 28
of the General Timber Sale Regulations approved 200410, by the Assistant
Secretary of the Interior.
4. That Mayr Bros. Logging Co. Inc., will pay the United States,
through the Commissioner of Indian Affairs at Washington, D. C., on
demand and for the account of the parties entitled thereto any and all
damages sustained by the United States or the Indians during the term of
said right-of-way for which Mayr Bros. Logging Co. Inc., is legally
liable and which result from any negligent act or omission to act by
Mayr Bros. Logging Co. Inc., its employees, agents or contractors, in
the use and occupation of Indian lands by it hereunder or arising from
fire on Indian lands, whether originating on said lands or other lands
caused by the negligent act or omission of Mayr Bros. Logging Co. Inc.,
its employees, agents or contractors.
5. In the operation of the logging truck road, Mayr Bros. Logging
Co. Inc., shall be subject to all applicable forest laws of the State of
Washington.
6. That Mayr Bros. Logging Co. Inc., will construct suitable cattle
guards at all fence crossings on reservations lands and will construct
and maintain substantial crossings safely and easily passable for any
type of vehicle upon all roads existing at the time of construction of
its logging truck road. Roads thereafter established by the authority
of the Secretary of the Interior or the Commissioner of Indian Affairs
which cross the corporation's right-of-way within the boundaries of the
reservation shall be constructed and maintained by the third parties to
whom such right is granted. In case of differences of opinion as to the
suitability of any structure required hereunder, the Secretary's
decision shall be controlling.
7. That Mayr Bros. Logging Co. Inc will, to the reasonable
satisfaction of the Secretary of the Interior or his authorized
representatives, dispose of all slash material any other debris
resulting from the construction and maintenance of the logging truck
road.
8. The Mayr Bros. Logging Company Inc., right to use the subject
truck road shall be exclusive except that the Mayr Bros. Logging
Company, Inc., will grant to third parties the right to remove Indian
Timber from the Quinault Indian Reservation and timber from alienated
lands within the boundaries of the Quinault Indian Reservation over said
truck road provided that such use by third parties shall not
unreasonably interfere with use of the road by Mayr Bros. Logging Co.
Inc., and Mayr Bros. Logging Co., Inc., agrees to issue to such third
parties a road use permit over any portion or portions of this road
which are owned or controlled by the Mayr Bros. Logging Co. Inc., but
are not included in this right-of-way but which connect this
right-of-way with an existing public highway. Indian Service personnel
shall have the right to use said truck road, including the portions
thereof crossing Mayr Bros. Logging Co. Inc., owned or controlled
lands, for the purposes normally and reasonably incident to the
administration and fire protection of Indian Lands within the Quinault
Reservation.
9. In the event use of the subject truck road or any portions
thereof is granted to third parties as above provided, each and every
such third party may be required to pay to Mayr Bros. Logging Co. Inc.,
a reasonable use fee proportionate to its use of said road.
Maintenance charges, including amortization rates, shall be subject
to periodic price review and adjustment. Differences between Mayr Bros,
Logging Co. Inc., any third parties with respect to such charges may be
submitted to the Superintendent of the Western Washington Indian Agency
for arbitration. The Mayr Bros. Logging Co. Inc., may, from time to
time at its discretion, allow any such hird party to perform maintenance
work upon the road in lieu of all or any part of maintenance charges
required of such party.
10. Notwithstanding anything herein to the contrary, third parties
obtaining a permit to remove timber from Quinault Indian Reservation
over said truck road, shall not commence to use said truck road until an
agreement has been entered into by and between Mayr Bros. Logging Co.,
Inc., and such third party or parties pertaining to the fee based upon
cost of normal road maintenance repairs and reasonable amortization
rate.
(ILLEGIBLE)
ATTEST:
J. Mayr Secretary
Form Approved
REVIEW MEMORANDUM
Subject: Appraisal Reports prepared by John Vaninetti, Appraiser,
covering Quinault allotments affected by proposed Mayr Bros. Logging
road extending from the NW1/4 of Section 5 South to the NW1/4 of Section
29, all in Township 23 North, Range 12 West, Willamette Meridian, Grays
Harbor County, Washington.
The appraisal reports were reviewed with respect to accuracy and
adequacy of the information in estimating just compensation for the
taking and damage to parent ownership in accordance with 54 IAM 10.1.3c
and Area Office Memorandum, dated 570916, Subject: "Requirements for
Rights of Way Appraisal Reports".
The reports present the basic pertinent data and information, and are
sufficiently documented to support the estimated just compensation. The
appraisal on Quinault Allotment 1135 contained a mathematical error
which was corrected in this office.
The compensation set forth in the appraisals and indicated below is
regard as adequate for the acquisition of 50-year easement privileges:
Table not keyed, See original
It is assumed the acreage in the easement area is correct as
reported.
It is understood that the Mayr Bros. Logging Co. will be required to
permit the owners to use the proposed road for access to their property
and that other loggers will be allowed to use the proposed road for
logging purposes upon payment of a reasonable fee for road construction
and maintenance costs.
Lloyd W. Ogden Reviewing Appraiser
Portland Area Office
590729
Mr. C. W. Ringey, Superintendent Western Washington Agency P. O. Box
915 Everett, Washington
Dear Mr. Ringey:
We should like this letter, which is being sent to you in triplicate,
to be considered as our application for a truck road right-of-way across
that portion of the Quinault Indian Reservation which is shown in detail
on the attached maps. The right-of-way is to be forty feet wide and
approximately 1300 feet long.
This company has previously identified itself to you in its
application for a similar right-of-way across the allotment of Seictia
Ward, Q. 1415.
We agree to be bound by the provisions of the applicable regulations
and particularly those included in Title C.F.R. 256.7 (a) to (c) and
also we agree that Mayr Brothers Logging Company's right to use the
subject truck road shall be exclusive except that the Secretary of the
Interior may grant to others the right to remove Indian timber from the
Quinault Indian Reservation and timber from the alionated land within
the boundaries of the Quinault Indian Reservation over said truck road;
provided, however, that each and every such third party shall be
required either to perform maintenance work on said truck road or to pay
for maintenance work proportionately to its use of said truck road; and
to conform with all reasonable safety regulations the Secretary may
proscribe. In addition, Indian Service personnel shall have the right
to use said truck road for the purpose normally and reasonably incident
to the administration and fire protection of Indian lands within the
Quinault Reservation.'
Very truly yours,
MAYR BROS. LOGGING CO.
BY: Wermer Mayr (Pres)
Date: 570415
SCHEDULE OF ALLOTTED LANDS AFFECTED BY MAYR BROS. LOGGING ROAD R/W
Table not keyed, see original
Department of the Interior Bureau of Indian Affairs Western
Washington Agency Everett, Washington 570318
I hereby certify that the foregoing appraisement was made by me or
under my direction, that the damages scheduled are fair and adequate to
compensate the Indian owners of the land; that the project was fully
explained to the Indian in interest; that the total amount of damages,
namely, $3616.15 has been deposited with me by the applicant and is now
carried as a special deposit.
C. W. Ringey, Superintendent and Special Disbursing Agent
HEL-009-1502-1508
HEL-009-1502-1508
BALDWIN, D M BIA PORTLAND
680521
CORRESPONDENCE
MAYR, W MAYR BROS LOGGING CO
RECEIVED
680522
MAYR BROS. LOGGING CO., INC. GE 8-7490 ROUTE 8, BOX 508 HOQUIAM,
WASHINGTON 98550
680521
Mr. Don Clark, Forester Bureau of Indian Affairs Hoquiam, Washington,
98550
Dear Don:
The successful purchaser of your timber sale offering for the Heck
logging unit, located on Government lots 19, 21, and 22 of Section 5,
Township 23 North, Range 12 West, W.M., may qualify for use of our
logging road into the area for the life of the timber sale, by signing
our standard road use agreement now on file in your office and paying
the sum of 75[ per thousand Scribner scale on all merchantable volume.
The successful purchaser of your timber offering of Penn logging unit
in the NE1/4 SE1/4, Section 18, Township 23 North, Range 12 West, W.M.,
may also qualify by signing the same agreement and paying the sum of
$1.50 per thousand Scribner scale.
These charges cover road amortization and road maintenance.
Yours very truly,
MAYR BROS. LOGGING CO., INC.
Werner Mayr, President
HEL-009-1509-1509
HEL-009-1509-1509
CLARK, D BIA HOQUIAM WA
680725
CORRESPONDENCE
MAYR, W MAYR BROS LOGGING CO
MAYR BROS. LOGGING CO., INC GE 8-7490 ROUTE 3, BOX 508 HOQUIAM,
WASHINGTON 98550
680725
Mr. Don Clark, District Forester Bureau of Indian Affairs Hoquiam,
Washington, 98550
Dear Don:
You have in your office a copy of our standard form Road Use
Agreement for our Raft River road, located on the Quinault Reservation
which we would enter into with the successful bidder of the Weaver Major
allotment #1252.
Road use fee for maintenance and amortization for all the road system
needed to log this timber will be $3.75 per M scribner scale.
Yours very truly,
MAYR BROS. LOGGING CO., INC.
Werner Mayr, President
HEL-009-1510-1510
HEL-009-1510-1510
CLARK, D BIA HOQUIAM WA
660201
CORRESPONDENCE
MAYR, W MAYR BROS LOGGING CO
RECEIVED
660202
MAYR BROS. LOGGING CO., INC. GE 8-7490 ROUTE 3, BOX 508 HOQUIAM,
WASHINGTON
660201
Mr. Don Clark, District Forestry Bureau of Indian Affairs Hoquiam,
Washington
Dear Don:
Enclosed is a standard copy of our third party road use agreement for
our Raft River Road located on the Quinault Reservation, which we would
enter into with the successful bidder on the Emma Major allotment number
1251.
Road use fee for maintenance and amortization for all the road system
needed to log this timber will be $3.50 per M.
Yours very truly,
MAYR BROS. LOGGING CO., INC.
Werner Mayr, President WM/enc
P E R M I T
Effective upon the acceptance date hereof, as hereinafter provided,
herein refered to as the owner of the Raft River Indian Reservation Road
located in parts of the following: Sections: Township: Range:
County: ILLEGIBLE ILLEGIBLE ILLEGIBLE ILLEGIBLE hereby grants to in
which hereinafter designated as "Permittee", a nonexclusive license and
permit to use the existing Mayr. Bros. Logging Co., Inc., Raft River
Indian Reservation from Highway 101 to the
Upon the following terms and conditions:
1. PURPOSE
For the removal of timber and other forest products located in the
following Indian trust allotments: being purchased from the Bureau of
Indian Affairs by the permittee, by means of truck and trailer units,
the transportation of pneumatic tire logging equipment, and for ingress
and agress of automobiles.
2. EXPIRATION DATE or upon earlier completion or complete removal of
the timber or forest products from the sale area.
3. CONSIDERATION AND OTHER PROVISIONS
In addition to all other obligations of the permittee and the other
conditions hereof elsewhere in this permit set forth, permittee shall:
(a) Pay to Mayr Bros. Logging Co., Inc.
(1) for each thousand board feet of logs transported over this Raft
River Road, the sum of, for each cord of pulpwood the sum of for the
cost of amortization and maintenance of said roads, said payments to be
made concurrently with stumpage payments which are remitted to the
Bureau of Indian Affairs for stumpage; nonpayment shall immediately
cause cancellation of the permit.
(b) Permittee shall, except as may be hereinafter provided for,
maintain all of the Mayr Bros. roads used by it in good and useable
condition for use by logging trucks, passenger automobiles, and pickup
trucks.
(c) Permittee
(i) shall maintain at its operation in good and useable condition all
the tools and equipment necessary to prevent and suppress fires as
required by law, and in addition thereto, have and maintain ready for
use a mobile tank of not less than 500 gallons capacity, equipped with a
suitable power pump of a capacity of not less than 20 gallons per minute
at a pressure of not less than 100 lbs. per square inch, together with
500 feet of hose of not less than one inch diameter equipped with
standard fire nozzle.
(ii) shall also have and maintain in readiness at all times a
suitable and adequate source of water supply with access thereto by
motor trucks.
(d) Before commencing operations and before using any road or roads
described herein, and during the continuance of the permit, Permittee
shall furnish to Mayr Bros. satisfactory evidence it has obtained and
has and continues to have insurance in form and in carriers satisfactory
to Mayr Bros., as follows:
(i) Motor vehicle and/or trailer coverage insuring the using party
against liability for personal injury with limits of not less than
$100,000/$300,000, and for property damage with limits of not less than
$100,000 per occurrence;
(ii) Public personal injury coverage for personal injury with limits
of not less than $100,000/$300,000 and for property damage with limits
of not less than $300,000 per occurrence arrising from all operations
hereunder;
(iii) Contractual, or third party damage liability coverage with
limits of not less than $500,000. per occurrence. The certificates
relating to this coverage to specifically state the same specifically
applies to this permit. Each of said insurance policies shall bear an
endorsement requiring the insurer to give ten days prior notice to Mayr
Bros. of any intended or proposed cancellation of such policy or
policies or the failure of the permittee to renew or extend the same
during the term hereof.
RESERVATIONS
Mayr Bros. reserves the right at all times and for any purpose to go
upon, cross, recross, maintain and reconstruct, and use any road
described herein and the right-of-way thereof, and Permittee shall so
conduct its operations so as to not interfere with Mayr Bros.' use of
said roads.
5. COMPLIANCE WITH LAWS AND REGULATIONS.
A. With respect to all lands on which Permittee conducts any
operation in connection with which Permittee exercises any right granted
hereunder, Permittee shall comply with and observe all laws, (rules and
regulations, federal or state, including but not limited to, those
relating to forestry and conservation practices.; and the prevention,
suppression and control of fire, and all valid regulations and orders of
federal and state officials and their duly appointed or designated
representatives, pertaining thereto, or such additional rules and
regulations laid down by the Superintendent of the Western Washington
Agency, Bureau of Indian Affairs, and by the Queets Forest Patrol Branch
of the Washington Forest Protection Association.
B. Upon discovery of fire in the vicinity of said road or
Permittee's operation, immediately notify Mayr Bros., and the nearest
official forest officer in charge of forest fire control.
C. If any fire shall start or be started as a result of Permittee's
operations, Permittee shall use his entire crew for the extinguishment
of said fire and no such activity shall in any way relieve Permittee for
any loss, damage, costs or expenses of Mayr Bros., resulting from or
attributable to said fire. No salvage operation to be carried on from
000415 through 001015.
6. MAINTENANCE
At all times during the term of this permit, Permittee shall keep
roads constructed by it on Mayr Bros.' lands open and in such state of
repair as to permit normal use thereof; and at the termination hereof
leave said roads in such condition.
7. ROAD USE RULES
Permittee shall:
(a) take all reasonable precaution to prevent unauthorized persons
from using the described roads and from entering Mayr Bros.' or other
lands by means thereof;
(b) not, without Mayr Bros.' prior written permission, obstruct said
roads nor land any logs or other forest products alongside the described
roads nor load any trucks thereon;
(c) strictly observe and faithfully comply with all speed limits and
traffic regulations promulgated by Mayr Bros.;
(d) not, without Mayr Bros.' prior written permission, permit any one
except Permittee's bona fide, employees, contractors, sub-contractors,
contract truck drivers or suppliers to us or go upon the described
roads;
8. (e) keep all gates locked except during the hours of actual
operations over the described roads for the removal of forest products;
Mayr Bros. will have the gate open between 7:30 A.M. and 4:00 P.M. on
all working days.
(f) suspend use of the described roads for transportation of forest
and other products whenever ordered by Mayr Bros., or not used by Mayr
Bros.
(g) keep and maintain all automotive equipment in a good and safe
operating condition. All log haul trucks/or trailer units shall have
duel axles and wheels;
(h) conducts its operations so as to not track mud on the described
roads;
(i) not, without Mayr Bros.' prior written permission, cause or allow
any dirt, mud or other materials to be placed on or graded over any of
the described roads;
(j) not, without Mayr Bros.' prior written permission, permit other
than pneumatic-tired equipment to go upon
9. or travel over any of the described roads;
(k) All ordinary maintenance of the main logging road used jointly
shall be done by owner, side road reaching into permittee's timber shall
be maintained by permittee.
(l) Construction of new road by permittee across Mayr Bros.' land to
reach his timber; Road shall be so laid out and designed so as to cut
to the minimum area of ground to be crossed over, minimum of damage to
reproduction and replanted area. Permittee shall file a right of way
plan showing route to be build across and secure permission before new
construction will be allowed to begin.
8. ASSUMPTION OF RISK AND LIABILITY OF PERMITTEE
(a) Mayr Bros. has made no representation as to the present or future
conditions of its property or the character of the traffic on any of its
roads, and Permittee assumes all risks of damage to property of or
injury to Permittee, its agents, employees, contractors, sub-contractors
or suppliers, in connection with the exercise of rights hereunder.
(b) Permittee shall pay for all damage to Mayr Bros.' property
resulting directly or indirectly from the negligent acts or omissions of
Permittee hereunder, and shall reimburse Mayr Bros. for all costs
reasonably incurred for fighting fires resulting directly or indirectly
from the Permittee's
10. acts or omissions hereunder whether negligent or otherwise.
(c) Permittee shall indemnify and hold harmless Mayr Bros., against
all claims or liabilities asserted by third persons resulting directly
or indirectly from Permittee's acts or ommissions hereunder whether
negligent or otherwise.
9. TERMINATION
(a) All rights hereunder shall terminate automatically
(i) immediately upon solvency, adjudication of bankruptcy or
appointment of a receiver for the property of Permittee or any partner
thereof, or failure strictly to comply with the terms and provisions of
Paragraphs 3 or 5 above; or
(ii) ten (10) days after notice of any default given by either party
to the other, if the default has not been remedied within such time, the
termination of this permit shall not prejudice Mayr Bros.' right to
collect damages accrued there tofore, or thereafter accruing on account
of Permittee's breach of any term hereof.
(b) Any failure to exercise a right to terminate this permit in case
of default shall not constitute a waiver of the defaulting party's
obligations to perform strictly in accordance with the terms of this
permit. Any such right to terminate shall remain in full force and
effect and may be exercised so long as such default continues.
10. NON-ASSIGNMENT
Neither this permit nor any of the rights of the Permittee hereunder
shall be assignable or transferable in whole or in part, by operation of
law or otherwise, without the prior written consent of Mayr Bros.,
thereto. Any such attempted assignment or transfer shall be valid.
11. NOTICE
Any notice to be given by either party hereto to the other under the
provisions of or with respect to this permit may be served personally or
by registered mail, addressed to the party to be served at the latter's
post office address hereinabove set forth; and such service by
registered mail shall be equivalent to personal service.
12. ENTIRETY OF AGREEMENT
No prior stipulation, agreement or understanding, verbal or
otherwise, of the parties hereto or their agents shall be valid or
enforceable unless embodied in the provisions of this permit.
13. APPROVAL AND EXECUTION
This permit shall not be binding upon Mayr Bros., until approved and
signed on its behalf by its President, and accepted by Permittee and
provided further that Permittee shall have complied with and carried out
all conditions precedent as hereinbefore provided. No written
permission of Mayr Bros. required by the terms of this permit shall be
binding on Mayr Bros., unless the same shall be signed by its President
and accepted by the Permittee.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be executed as below subscribed.
MAYR BROS. LOGGING CO., INC.
By Werner Mayr, President
ACCEPTED THIS day of 660000. WM/enc
ROAD USE PERMIT & AGREEMENT
This Permit and Agreement, entered into this day of 660000, by and
between the ANDERSON & MIDDLETON LUMBER COMPANY, a corporation,
hereinafter referred to as "Grantor", and hereinafter referred to as
"Permittee",
WHEREAS, the Grantor is the owner of a road on certain real property
hereinafter described, and
WHEREAS, it is the desire of the parties hereto to enter into an
agreement for the use of said road,
NOW, THEREFORE, for and in consideration of the mutual covenant and
conditions herein contained, the parties hereto agree as follows:
1. OWNERSHIP OF ROAD. The Grantor is the owner of that road
hereinafter described and by the execution of this instrument, grants
unto the Permittee a non-exclusive license and permit to use the same.
Said road is an existing road located upon the following-described
property, to-wit:
Sections 14, 23, 26 and 27, Township 23 North, Range 12, WWM, Grays
Harbor County, Washington, and which road is colored in red on that
certain diagram attached hereto, marked Exhibit A and incorporated
herein by this reference.
2. PURPOSE. This permit is granted only for the removal of timber
and other forest products and for the transportation of machinery and
equipment and personnel necessary in connection therewith, which timber
and forest products are located upon Tribal Allottments Nos. 461, 463
and 465, all located in the Southwest quarter and the West half of the
Southeast quarter of Section 27, Township 23 North, Range 12, WWM, Grays
Harbor County, Washington.
3. EXPIRATION DATE. This permit shall expire on the day of, 000000,
or upon the completion of the removal of the timber and forest products
from the sale area, whichever occurs first.
4. CONSIDERATION. Permittee shall pay Grantor for each thousand
board feet of logs transported over the above-referred to road, the sum
of $3.50, and for each cord of pulpwood, the sum of $1.50 for the cost
of amortization and maintenance of said road, said payments to be made
concurrently with stumpage payments which are remitted to the Bureau of
Indian Affairs for stumpage, and failure to timely make such payments
shall be a cause for cancellation of this permit as herein below
provided.
5. ROAD MAINTENANCE. Permittee shall maintain the above-referred to
road used by it in good and usable condition for use by logging trucks,
passenger automobiles and pickup trucks. Permittee further agrees that
at all times during the term of this permit, it will keep roads
constructed by it on lands owned or controlled by the Grantor, open and
in such state of repair as to permit normal use thereof and termination
hereof shall leave such roads in such condition.
6. FIRE PROTECTION. Permittee shall maintain at its operation in
good and usable condition all the tools and equipment necessary to
prevent and suppress fires as required by law, and in addition thereto,
have and maintain ready for use, a mobile tank of not less than 500
gallon capacity, equipped with a suitable power pump of a capacity of
not less than 20 gallons per minute, at a pressure of not less than 100
pounds per square inch, together with 500 feet of hose of not less than
one inch diameter equipped with standard fire nozzle. Permittee shall
also have and maintain in readiness at all times a suitable and adequate
source of water supply with access thereto by motor trucks.
7. FIRE FIGHTING. Upon discovery of fire in the vicinity of said
road or Permittee's operation, immediately notify Grantor and the
nearest official Forest Officer in charge of Forest Fire Control. If
any fire shall start or be started as a result of Permittee's
operations, Permittee shall use his entire crew for the extinguishment
of said fire and no such activity shall, in any way, relieve Permittee
for any loss, damage, costs or expenses of Grantor, resulting from or
attributable to said fire. No salvage operation to be carried on from
000415 through 001015.
8. INSURANCE. Before commencing operations and before using any
road or roads described herein, and during the continuance of this
permit, Permittee shall furnish to Grantor satisfactory evidence it has
obtained and has and continues to have insurance in form and in carriers
satisfactory to Grantor, as follows:
(a) Motor vehicle and/or trailer coverage insuring the using party
against liability for personal injury with limits of not less than
$100,000/$300,000, and for property damage with limits of not less than
$100,000 per occurrence;
(b) Public personal injury coverage for personal injury with limits
of not less than $100,000/$300,000 and for property damage with limits
of not less than $300,000 per occurrence arising from all operations
hereunder;
(c) Contractual, or third party damage liability coverage with limits
of not less than $500,000 per occurrence. The certificates relating to
this coverage to specifically state the same specifically applies to
this permit. Each of said insurance policies shall bear an endorsement
requiring the insurer to give ten (10) days prior notice to Grantor of
any intended or proposed cancellation of such policy or policies or the
failure of the Permittee to renew or extend the same during the term
hereof.
9. RESERVATION OF RIGHTS. The Grantor and its assigns reserves the
right at all times and for any purpose to go upon, cross, recross,
maintain and reconstruct, and use any road described herein and right of
way thereof, and the Permittee shall so conduct its operations so as to
not interfere with Grantor's or its assigns use of such roads. In the
event that the intended use of such road by Grantor or its assigns and
the Permittee herein is in excess of the convenient or economical
capacity of such road, the Permittee agrees to reduce its intended use
of the road as directed from time to time by the Grantor or its assigns.
10. COMPLIANCE WITH LAWS AND REGULATIONS. With respect to all lands
on which Permittee conducts any operation in connection with which
Permittee exercises any right granted hereunder, Permittee shall comply
with and observe all laws, rules and regulations, federal or state,
including but not limited to, those relating to forestry and
conservation practices and the prevention, suppression and control of
fire, and all valid regulations and orders of federal and state
officials and their duly appointed or designated representatives,
pertaining thereto, or such additional rules and regulations laid down
by the Superintendent of the Western Washington Agency, Bureau of Indian
Affairs, and by the Queets Forest Patrol Branch of the Washington Forest
Protection Association.
11. ROAD USE RULES. During the term of this permit, the Permittee
shall:
(a) Take all reasonable precaution to prevent unauthorized persons
from using the described roads and from entering Grantor's or other
lands by means thereof;
(b) Not, without Grantor's prior written permission, obstruct said
roads nor land any logs or other forest products alongside the described
roads nor load any trucks thereon;
(c) Strictly observe and faithfully comply with all speed limits and
traffic regulations promulgated by Grantor;
(d) Not, without Grantor's prior written permission, permit anyone
except Permittee's bona fide employees, contractors, sub-contractors,
contract truck drivers or suppliers to use or go upon the described
roads;
(e) Keep all gates locked except during the hours of actual
operations over the described roads for the removal of forest products;
Grantor will have the gate open between 7:00 a.m. and 4:30 p.m. on all
working days.
(f) Suspend use of the described roads for transportation of forest
and other products whenever ordered by Grantor;
(g) Keep and maintain all automotive equipment in a good and safe
operating condition. All log haul trucks and/or trailer units shall
have duel axles and wheels;
(h) Conduct its operations so as to not track mud on the described
roads;
(i) Not, without Grantor's prior written permission, cause or allow
any dirt, mud or other materials to be placed on or graded over any of
the described roads;
(j) Not, without Grantor's prior written permission, permit other
than pneumatic-tired equipment to go upon or travel over any of the
described roads;
(k) All ordinary maintenance of the main logging road used jointly
shall be done by Grantor, side road reaching into Permittee's timber
shall be maintained by Permittee;
(l) Construction of new road by Permittee across Grantor's land to
reach his timber: Road shall be laid out and designed so as to cut to
the minimum area of ground to be crossed over, minimum of damage to
reproduction and replanted area. Permittee shall file a right of way
plat showing route to be built across and secure permission before new
construction will be allowed to begin.
12. ASSUMPTION OF RISK. Grantor has made no representation as to
the present or future conditions of its property or the character of the
traffic on any of its roads, and Permittee assumes all risks of damage
to property of or injury to Permittee, its agents, employees,
contractors, sub-contractors or suppliers, in connection with the
exercise of rights hereunder. Permittee shall pay for all damage to
Grantor's property resulting directly or indirectly from the negligent
acts or omissions of Permittee hereunder, and shall reimburse Grantor
for all costs reasonably incurred for fighting fires resulting directly
or indirectly from the Permittee's act or omissions hereunder whether
negligent or otherwise.
13. INDEMNIFICATION. The Grantor, its employees and agents, shall
not be liable for any injury, including death, to any person, or
persons, or for damage to any property regardless of how such injury be
caused, sustained, or alleged to have been sustained by the Permittee or
by any others as a result of any condition, including existing or future
defects in said road or occurence whatsoever related in any way to the
road above referred to and the areas adjacent thereto or related in any
way to the Permittee's use or occupancy of said road and of the areas
adjacent thereto. The Permittee agrees to defend and hold and save the
Grantor harmless from any and all liability and/or expense, including
expense of litigation, in connection with any such items of actual or
alleged injury or damage.
14. TERMINATION. Time is of the essence of this Agreement and if
the Permittee shall fail to keep and perform any of the convenants or
agreements herein contained, and shall fail to remedy any such default
thereof within ten (10) days after written notice thereof by the Grantor
to the Permittee, the Grantor may, at its option, declare this Permit
cancelled and forfeited and the Permittee's right to use and/or
possession ended and the Grantor may thereafter exclude the Permittee
from all or any portion of such roadway. The Grantor shall not be
liable for any damage by reason of such forfeiture.
15. INSOLVENCY. If the Permittee shall file a Petition in
Bankruptcy or if the Permittee shall be adjudged bankrupt or insolvent
by any Court or if a receiver of the property of the Permittee shall be
appointed in any proceedings brought by or against the Permittee, or if
the Permittee shall make an assignment for the benefit of creditors, or
if any judgement be entered foreclosing any mortgage or other lien on
Permittee's interest in the above-referred to road, the Grantor may, at
its option, terminate this lease immediately thereupon without the
necessity of giving the ten (10) day prior notice as provided above.
16. NON-WAIVER OF BREACH. The failure of the Grantor to insist upon
the strict performance of any of the covenants and agreements of this
Permit, or to excercise any option herein conferred in any one or more
instances, shall not be construed to be a waiver or relinguishment of
any other covenants of this Permit or any subsequent default of the same
convenant or agreement. All such covenants or agreements shall be and
remain in full force and effect for the term of this Permit.
17. ATTORNEYS FEES. If, by reason of any default on the part of the
Permittee and the performance of any of the provisions or covenants of
this Permit, it becomes necessary for the Grantor to employ an attorney,
the Permittee agrees to pay all costs, expenses and attorneys fees
expended or incurred by the Grantor in connection therewith. In the
event that the Grantor shall be required to bring any action to enforce
any of the provisions of this Permit or shall be required to defend any
action brought by the Permittee with respect to this Permit and if the
Grantor shall be successful in such action, the Permittee shall, in
addition to all other payments required herein, pay all of the Grantor's
actual costs in connection with such action, including such sums as the
Court or Courts may adjudge reasonable for and as attorneys fees in the
Trial Court and any Appellate Court.
18. NOTICES. All notices hereunder may be delivered or mailed. If
mailed, they should be sent by Certified Registered Mail to the
appropriate party at the address as set forth below its signature.
Notices may be sent to other addresses of either party hereto, as they
may advise the other from time to time in writing. Notices sent by mail
shall be deemed to have been given when properly mailed and the postmark
affixed by the United States Post Office shall be conclusive evidence of
the date of mailing thereof.
19. NON ASSIGNMENT. The Permittee shall not assign nor transfer
this Permit nor any interest therein nor shall this Permit or any
interest thereunder be assignable or transferable by operation of law or
by any process or proceeding of any Court or otherwise, without the
prior written consent of the Grantor. If the Grantor shall give its
consent to any such/assignment, this paragraph shall nevertheless
continue in full force and effect and no further assignment shall be
made without the prior written consent of Grantor.
20. ENTIRE AGREEMENT. This Agreement constitutes the whole
agreement between the Grantor and Permittee. There are no terms,
obligations, covenants or conditions other than those contained herein.
No modification or amendment of this Agreement shall be valid and
effective unless evidenced by an agreement in writing.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be executed the day and year first above written.
ANDERSON & MIDDLETON LUMBER COMPANY
PERMITTEE Adress of Permittee
Map not keyed, see original
EXHIBIT A
ROAD USE PERMIT
ESSES LOGGING CO. INC., a corporation hereinafter referred to as
"ESSES", for and in consideration of the agreements herein contained
does hereby give and grant unto hereinafter referred to as "PERMITTEE",
a nonexclusive license and permit to use the existing road owned by
Esses located upon the following described property, to-wit:
Sections 2, 11 and 14 in Township 23, North RAnge 12 West W.M., Grays
Harbor County, Washington, upon the following terms and conditions:
1. This permit is granted only for the removal of timber and other
forest products and for the transportation of machinery and equipment
and personnel necessary in connection therewith, which timber and forest
products are located upon Tribal Allotment Nos. 461, 63 and 465, all
located in the Southwest quarter and the West half of the Southeast
quarter of Section 27, Township 23 North, Range 12 W. W.M., Grays Harbor
County Washington. It is understood and agreed that not more than
1,000,000 B. F. shall be transported over said road in any thirty-day
period, and that said timber is being purchased from the Bureau of
Indian Affairs by the Permittee and said transportation shall be by
truck and trailer units equipped with pneumatic tires.
2. This permit shall expire on the day of 196 or upon the completion
of the removal of the timber and forest products from the sale area,
whichever occurs first.
3. Permittee shall pay Esses for each thousand feet of logs
transported over said road the sum of 75[ and 35[ for each cord of
pulpwood for the cost of amortization and maintenance of said road, said
payments to be made concurrently with stumpage. payments which are
remitted to the Bureau of Indian Affairs for stumpage and failure to
timely make such payments shall be cause for cancellation of this
permit.
4. Permittee shall maintain all of the Esses roads used by it in
good and useable condition for use by logging trucks, passenger
automobiles, and pickup trucks.
Permittee shall maintain at its operation in good and useable
condition all the tools and equipment necessary to prevent and suppress
fires as required by law, and in addition thereto, have and maintain
ready for use a mobile tank of not less than 500 gallon capacity,
equipped with a suitable power pump of a capacity of not less than 20
gallons per minute at a pressure of not less than 100 Lbs per square
inch, together with 500 feet of hose of not less than one inch diameter
equipped with standard fire nozzle.
Permittee shall also have and maintain in readiness at all times a
suitable and adequate source of water supply with access thereto by
motor trucks.
Before commencing operations and before using any road or roads
described herein, and during the continuance of this permit, Permittee
shall furnish to Esses satisfactory evidence it has obtained and has and
continues to have insurance in form and in carriers satisfactory to
Esses, as follows:
Motor vehicle and/or trailer coverage insuring the using party
against liability for personal injury with limits of not less than
$100,000/$300,000, and for property damage with limits of not less than
$100,000 per occurrence.
Public personal injury coverage for personal injury with limits of
not less than $100,000/$300,000 and for property damage with limits of
not less than $300,000 per occurrence arising from all operations
hereunder.
Contractual, or third party damage liability coverage with limits of
not less than $500,000. per occurrence. The certificates relating to
this coverage to specifically state the same specifically applies to
this permit. Each of said insurance policies shall bear an endorsement
requiring the insurance to give ten days prior notice to Esses of any
intended or proposed cancellation of such policy or policies or the
failure of the Permittee to renew or extend the same during the term
hereof.
Esses reserves the right at all times and for any purpose to go upon,
cross, recross, maintain and reconstruct, and use any road described
herein and the right-of-way thereof, and Permittee shall so conduct its
operations so as to not interfere with Esses' use of said roads.
5. During the existence of this permit, Permittee shall comply with
all the laws, rules and regulations of all federal or state agencies for
the logging and removal of said timber and fire control. No salvage
operation shall be carried on from 000415 through 001015.
6. Permittee shall:
(a) Take all reasonable precaution to prevent unauthorized persons
from using the described roads and from entering Esses' or other lands
by means thereof;
(b) not, without Esses' prior written permission, obstruct said roads
nor land any logs or other forest products alongside the described roads
nor load any trucks thereon;
(c) strictly observe and faithfully comply with all speed limits and
traffic regulations promulgated by Esses;
(d) not, without Esses' prior written permission, permit any one
except Permittee's bona fide employees, contractors, sub- contractors,
contract truck drivers or suppliers to use or go upon the described
roads;
(e) keep all gates locked except during the hours of actual
operations over the described roads for the removal of forest products;
Esses will have the gate open between 7:00 A.M., and 4:30 P.M., on all
working days;
(f) suspend use of the described roads for transportation of forest
and other products whenever ordered by Esses or not used by Esses.
(g) keep and maintain all automotive equipment in a good and safe
operating condition. All log haul trucks and/or trailer units shall
have duel axles and wheels;
(h) conduct its operations so as to not track mud on the described
roads;
(i) not, without Esses' prior written permission, cause or allow any
dirt, mud or other materials to be placed on or graded over any of the
described roads;
(j) not, without Esses' prior written permission, permit other than
pneumatic-tired equipment to go upon or travel over any of the described
roads;
(k) All ordinary maintenance of the main logging road used jointly
shall be done by owner.
7. Esses has made no representation as to the present or future
conditions of its property or the character of the traffic on any of its
roads, and Permittee assumes all risks of damage to property of or
injury to Permittee, its agents, employees, contractors, sub-contractors
or suppliers, in connection with the exercise of rights hereunder.
Permittee shall pay for all damage to Esses' property resulting
directly or indirectly from the negligent acts or omissions of Permittee
hereunder, and shall reimburse Esses for all costs reasonably incurred
for fighting fires resulting directly or indirectly from the Permittee's
acts or omissions hereunder whether negligent or otherwise.
Permittee shall indemnify and hold harmless Esses against all claims
or liabilities asserted by third persons resulting directly or
indirectly from Permittee's acts or ommissions hereunder whether
negligent or otherwise.
8. All rights under this permit shall automatically cease in the
event of the insolvency, adjudication of bankruptcy or appointment of
receiver for the Permittee and in the event Permittee shall fail to
comply with any of the terms and conditions hereof, Esses may, at its
option, terminate this agreement by giving ten days written notice of
any default and said default has not been fully remedied within said ten
day period, the said termination shall not be a bar to the collection of
damages by Esses because of such default.
9. This permit and any rights of the Permittee under this permit,
shall not be assigned without the written consent of Esses.
10. The terms and conditions of this permit shall not be changed or
altered except in writing, signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be executed this day of 650000.
ESSES LOGGING CO. INC.,
By President
ACCEPTED this day of 650000. Permittee
Queets Map
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DETAIL AS OF 650100
DETAIL AS OF 670101
DETAIL AS OF 600101
(ILLEGIBLE)
MINUTES
LANDOWNERS AND OPERATORS QUEETS UNIT
Quinault Indian Reservation
681113
The meeting was called to order by Don Clark, Forester, Bureau of
Indian Affairs, at 7:30 p.m. in the Hoquiam City Hall with
representatives of landowners and operators in the Queets Unit,
Department of Natural Resources, U.S. Forest Service, BIA and WFPA
personnel in attendance.
HISTORY
Mr. Clark and Greg Stevens of the BIA commented on the nature of the
slash hazard which has developed on the Queets unit. They noted that
the BIA has exercised no control over slash disposal and the overall
problem is greatly complicated by the multiple intermingled ownership.
The Raft River Fire was an example of the consequences of wild fire
in this highly hazardous timber type. They noted that the previous
major fire on the reservation had occurred in 410000 and that generally
speaking the landowners and operators had been fortunate that more major
fires had not occurred.
The stated purpose of the meeting was to suggest what might be done
to alleviate some of the hazard and to consider the comments of
landowners and operators within the Queets Unit. They stressed that no
quick easy solution exists, but the problem cannot be ignored because it
won't just "go away."
PROPOSAL
E. C. Gockerell, Field Supervisor, Department of Natural Resources,
stated the Department's philosophy regarding slash burning. He noted
that there is too much slash on the Quinault Reservation to seriously
consider burning all of it. However, he suggests that specific areas of
recent logging could be burned and these burned areas could be expanded
into major fire breaks as logging progressed into areas of uncut timber.
He suggested that landowners and operators develop a coordinated
logging and slash burning plan that would eventually provide several
fire breaks which would contribute significantly to the containment of
any wild fire starting within the unit.
He pointed out that the Raft River Fire area is an excellent starting
point and that slash should be burned following the logging of any green
timber within the burn. Suggested fire breaks were located generally to
proceed northwest from the north end of the Raft River Fire area of
Highway 101. The other area would commence along the westerly edge of
the Raft River fire area and proceed westerly to create a fire break
between A & M and Mayr Brothers slash. He noted that recently logged
units along Highway 101 should also be burned. He further suggested
that Aloha burn a strip along the timbered southline of the Queets Unit.
Gockerell indicated that the Department of Natural Resources was
experiencing costs which averaged $10.00 per acre for slash disposal.
This amounts to approximately 20[ per thousand board feet, based upon
average stand volumes of fifty thousand board feet per acre. He offered
the Department's assistance in pre-planning, however, noted that the
Department would generally be committed to burning operations on state
lands during favorable burning conditions so would be unable to lend
much assistance with actual burning.
LIABILITY
Loren Tucker, Supervisor, Division of Fire Control, Department of
Natural Resources noted that automatic slash clearance will be granted
twelve years following completion of logging providing the stand did not
contain over 50% cedar. Thus much of the reservation area would be
ineligible for automatic clearance. Research data indicates that cedar
flash fuels will remain a significant factor for thirty years or more.
It was noted that the prompt reforesting of logged areas significantly
reduces the ultimate hazard of the slash. Although the slash will
remain undecomposed, the shade afforded by reproduction will increase
the fuel moisture content of the slash thus rendering it substantially
less hazardous. Tucker suggested that clear cut logging should not be
practiced in areas adjacent to highway 101.
Participants suggested that the single most significant factor
contributing to the large accumulations of slash on the reservation is
the landowner and operator's fear of liability for fire fighting costs
should a fire escape. Recognizing that the BIA trust lands will all
benefit substantially from a coordinated plan of hazard abatement, it
was suggested that the BIA has an obligation to participate financially
in any hazard reduction efforts. It was suggested that the BIA could
perhaps provide a blanket liability insurance policy which would protect
the financial interests of landowners and operators should the burning
program be undertaken. Tucker noted that it would probably be difficult
to obtain insurance due to the occurance of several large wild fires
over the past couple of years. Mr. Meeker of the BIA's area office in
Portland commented that possibly the Bureau could participate
financially in a slash abatement program.
DISCUSSION
Operators commented on their reluctance to burn slash unless other
operators would also. It was pointed out that the Queets Forest
Protection Association would be the logical organization to attempt
coordinating any program of slash abatement. It was noted that the
proposed fire break plan generally recognizes that reproduction has been
established in much of the area and that it would not be necessary to
burn these area. It was pointed out that the hazards on the Queets unit
of the Quinault Indian Reservation were not being ignored by the
landowners and operators since they have for ten years provided a
special patrol and taken other fire prevention measures to eliminate the
threat of man-caused fire within the unit.
Several alternatives to slash burning were discussed, one of which
was to provide further extra protection efforts which might employ
stationing a helitack crew with retardent capabilities in the immediate
vicinity.
Better utilization as a method of hazard abatement was also
considered, however, utilization in the cedar type appears to be many
years away from providing a significant reduction of the hazardous flash
fuels. It was pointed out that burning will generally exclude future
recovery of salvage material and that this might prove financially
disadvantageous in the long run. Gockerell noted that state land
management policy considers the value of lost growth potential on areas
left for future salvage. He estimated that average annual growth
contributes $25 - $50 per acre per year when reproduction is established
and that these values generally far outweight values of speculative
salvage recovery.
Air pollution considerations were also discussed, however, effective
burning can be accomplished without creating air quality problems when
burning is carried out under favorable atmospheric conditions.
CONCLUSION
Participants in the Queets Forest Protection Association indicated
that a meeting of landowners and operators would be held to further
discuss the proposal submitted by the Department of Natural Resources.
Following this meeting, another meeting with the state and federal
agencies will be held to further consider hazard abatement for the
Queets Unit.
Respectfully submitted,
Robert P. Matthews
ROBERT P. MATTHEWS Secretary, Pro-Tem RPM:je
HEL-009-1511-1547
HEL-009-1511-1547
CLARK, D BIA HOQUIAM WA
681105
CORRESPONDENCE
GALBRAITH, A W
RECEIVED
681108
IN REPLY REFER TO:
Forestry 66-1-20 - 339.4 W. Wash. Gen. Supv.
cc:
Commission Attn. Branch of Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
681105
AIRMAIL
Hon. Warren G. Magnuson United States Senate Washington, D. C. 20510
Dear Senator Magnuson:
Your communication dated 681014, enclosed a letter from Mr. Joseph B.
Conners, Seattle, Washington, regarding a timbered allotment on the
Quinault Reservation, Washington.
In his letter to you dated 681022, Mr. Albert Huber, Acting Deputy
Assistant Commissioner, advised that this office would provide to you,
direct, available information about the timber situation on the
allotment.
We have been advised by the Superintendent, Western Washington
Agency, as follows:
Mrs. Joseph B. Conners' (Dorothy J. Wilson) Allotment No. 1444 on the
Quinault Reservation is included under the Crane Creek Timber Contract,
which was approved 520630. According to the terms of the contract, Mrs.
Conners received advance payments totalling $4,199.63 during the first
six years of the contract. To date, a total of 222,270 board feet, all
species, has been logged. The value of the timber equalled $2,624.80.
Practically all of the timber was removed from a logging road that was
constructed across the allotment.
The advance payment balance, in the amount of $1,574.83, must be
liquidated before Mrs. Conners will receive any additional income. In
681200, the logging operator and the Bureau of Indian Affairs will
commence working on 690000 plans. At that time, we will discuss this
matter with ITT-Rayonier Inc., and encourage the company to include
timber from Mrs. Conners' allotment for logging in 690000.
If additional information is desired, please let us know.
Sincerely yours,
(Sgd) A. W. Galbraith Acting Area Director
cc: Commissioner, Attn. Branch of Forestry (2) Supt., Western
Washington Agency
HEL-009-1548-1549
HEL-009-1548-1549
MAGNUSON, W US SENATE
681104
CORRESPONDENCE
JACKSON, J QUINAULT TRIBAL COUN
RECEIVED
681106
Taholah, Washington
681104
A. W. Galbraith, Assistant Area Director
Bureau of Indian Affairs Box 3785 Portland, Oregon 97232
Dear Mr. Galbraith:
Please be referred to our letter of 681021, in which a request was
made to the Area personnel to withhold the sale of the Weaver Major
Supervised Timber sale until such time as a reasonable road use
agreement was arrived at.
This letter is a request to withhold the Penn Logging Unit sale on
the same grounds. This will be a subject for further discussion on
Thursday, 681107, at the Hoquiam Field Station.
Attached is a copy of the sale notice, stamped as mailed, three days
after our visit in Portland where no mention was made of the pending
advertisement of the Penn Logging Unit sale.
Was this the inability of Bureau Forestry personnel to recognize the
similarity of the Penn allotment circumstances to the Weaver Major
allotment or a total disregard of the wishes of the Quinault Tribe and
the Task Force Report of Mr. Newton Edwards, page 8, 680000.
Sincerely yours,
James Jackson
James Jackson Chairman Quinault Tribal Council
Joe DeCruze Joe DelCruze, Business Manager
Nelson Mitchell
Nelson Mitchell, Chairman Allottee Comm.
The Daily World, Saturday-Sunday, 681102-03
WHEAT TO WATER
By BILL MERTENA
SEATTLE (AP); Amid the sound of music, cheers and whistles, Atty.
Gen. John J. O'Connell ended the final show of his campaign Friday; a
prop stop tour of eight cities from the wheat country to Grays Harbor.
At the stops, the Democratic candidate for governor had some kind
words for Initiative 32, the press, including some who haven't supported
him, and some not so kind words about his Republican opponent, Gov. Dan
Evans and the sales tax.
At Tacoma, the last stop before returning to Seattle, O'Connell kept
a small band of cheering supporters and a drum and bugle corpos waiting
while he thanked the members of the press aboard his chartered DC-3
plane.
"I hold no animosity toward the press," O'Connell said in concluding
brief remarks.
"In spite of what the publishers and some of the editors might do or
thin, I think individually, you've treated me fairly."
FAVORS INITIATIVE
In a news conference in Pasco, the attorney general said he has
decided within the past few days that he will vote for Initiative 32,
which would limit the export of logs from state land.
Van Thieu Balks At Sending Envoys To Paris Meeting
(Continued from Page 1) speculated that Saigon eventually will come
around and send a negotiating team.
In listing his fears and objections to four-way talks, Thieu said:
"Hanoi has yet to show any act of de-escalation in the war. But Hanoi
is always stubborn and insists on having talks with the United States in
its attempt to separate the war in the North from the war in the South,
to pose as victims of the U.S. bombing to camouflage their flagrant
aggressive acts in the South."
North Vietnam, which had agreed to the four-way Paris talks Friday,
said the war would continue "as long as the United States still invades
all Vietnam," meaning both North and South Vietnam.
But the Radio Hanoi broadcast added: "Now that the United States has
halted the bombing the government of the Democratic Republic if Vietnam
will discuss with the United States other problems of interest to both
sides to seek a political settlement of the Vietnam problem."
2 Men Charged In Forgery Cases
MONTESANO - An Aberdeen man, Dennis Gleason, was charged yesterday
with forgery
Obituaries
Lyydia R. Kaanta
Lyydia Reta Kaanta, 80, of 204 S.W. Front St., a Harborite for 57
years, died early this morning in a local hospital after an extended
illness.
She was born 880101, in Sima Laani, Finland, and came to America in
080000, to Aberdeen in 110000. She married her husband, August, in
Aberdeen that year. He worked as a commercial fisherman, and they owned
a cranberry bog at Grayland.
Surviving, besides her husband, are a son, Eugene of Anacortes and a
granddaughter, Susan of Anacortes.
The body was removed to the Elerding Mortuary, where funeral
arrangements are pending.
Stanley George
Stanley George, 39, a logger with Mayr Brothers Logging Co., was
reportedly killed in a mishap on a logging operation late Friday.
George resided at 610 W. State St., Aberdeen.
No further details were available this morning; the State Department
of Labor and Industries was still investigating the accident today.
George is survived by a wife and two children in Aberdeen.
Funeral Notices
STEVE MAKATURA
Funeral services for Steve Makatura will be at 11 a.m. Monday at the
Elerding Chapel, with Marcus Copeland officiating. Burial will follow
at Fern Hill Cemetery.
Pallbearers will include Stan Ellingson, Fred Rosewall, Carl Thomas,
Norman Cole, Ralph Richerdson and Anthony Bonbi.
Wynooche Dam Bids Invited
(Continued from Page 1) the dam site yesterday, remarked, "They're
really working, let me tell you."
It was the first trip to the site in many months by The Daily World.
One of the most exciting parts; the placing of the 25-piece
girder-and-strut support assembly; took the contractor about three
weeks to complete, according to Ralph Coiteaux, a superintendent with
Dulin.
The heaviest struts weighed 58,000 pounds each, the heaviest girders
54,000 pounds. All were lifted and lowered into place in the narrow
canyon by means of an overline cable strung across the chasm.
KEY PIECE
Goiteaux said the end sections of the bridge surface were then set
down to hold the pieces together; the middle section, being completed
now, is the "key" piece, he said.
Lundgren and Robert Salmon, Aberdeen water superintendent, toured the
site yesterday, talking with the crew and foremen.
The city's share in the cost of the project is $13.2 million, or
eighty per cent. It's hoped that with the huge new water impoundment
behind the dam Aberdeen and the Harbor will look more attractive to
waterusing industries.
"I think," mused Lundgren as he rode away from the site, "that the
Wynoochee Dam is going to really be the beginning of a boom on the
Harbor + + +"
Hoquiam School Menus
Hoquiam Brief
ELKS WANT HIDES
The Hoquiam Elks are still after your hide. Hunters are requested to
deposit their unwanted deer and elk hides at the lodge home. The hides
are used in the veterans hospitals and homes for craft class projects.
FALSE ALARM
Hoquiam firemen were called out on a false alarm at 11 o'clock last
night. Pranksters reported a fire in the 400 block of Karr Avenue, but
there was no blaze.
Indian Timber To Be Sold 001205
HOQUIAM; The Hoquiam office of the Bureau of Indian Affairs will
open bids 001205 on 40 acres of timber on the Quinault Indian
Reservation.
The tract is known as the "Penn Logging Unit" and it contains about
1.7 million board feet of western red cedar, 562,000 BF of western
hemlock and 299,000 BF of Pacific silver fir and other species.
Bureau of Indian Affairs bid forms and further information concerning
the sale may be obtained from the bureau office in the Hoquiam Post
Office, Room 206.
IN HOSPITAL
ROME (AP); The former minister of the Savoy family said this week
former King Umberto of Italy is in a Paris clinic recovering from an
appendectomy and a urinary infection.
SALE OF TIMBER PENN LOGGING UNIT QUINAULT INDIAN RESERVATION
SEALED BIDS, in duplicate, will be received by the Superintendent,
Western Washington Agency, or his authorized representative, c/o Hoquiam
Field Station, Hoquiam, Washington 98550, at 2:00 p.m., Pacific Standard
Time, 681205, for the purchase of timber on a tract designated as the
"Penn Logging Unit", more specifically described as the Christian Penn
allotment No. 1288, located on the Quinault Indian Reservation and
described as the NE1/4SE1/4 Section 18, Township 23 North, Range 12
West, Willamette Meridian, Washington, containing 40 acres. This unit
contains a volume of timber to be cut of approximately 1,783,000 board
feet of western redcedar, 562,000 board feet of western hemlock and
295,000 board feet of Pacific silver fir and other species, and an
undetermined amount of cull logs, 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 the timber cut from this
unit, and no bid will be considered for less than $32.30 per M feet,
board measure, for western redcedar, $39.70 per M feet, board measure,
for western hemlock and $29.35 per M feet, board measure, for Pacific
silver fir and other species. The undetermined volume of cull logs,
which is not to be considered in the bidding, will be charged at the
rate of $1.00 per thousand feet, gross, B.M., Scribner Decimal C Log
Scale. 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 Eight
Thousand Nine Hundred Dollars ($8,900.00) 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, may be required at the time of bidding to
submit in writing 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 considerd for acceptance will be retained pending
acceptance or rejection of the bids. All other deposits will be
returned promptly following the opening of 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 in
the amount of Fourteen Thousand Dollars ($14,000.00) 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, and that all
other requirements shall be complied with by 691231, and will also
specify that logs cut under this contract shall be scaled by the Grays
Harbor Log Scaling & 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. Bureau of Indian Affairs
bid forms for use in submitting sealed bids, and full information
concerning the timber, conditions of the sale and the submission of
bids, should be obtained from the Superintendent, Western Washington
Indian Agency, Federal Building - 3006 Colby Avenue, Everett, Washington
98201, or his representative at Room 286 - 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 0025 day of 0010, 680000, at Portland, Oregon. Kenneth W.
Hadley, Acting Assistant Area Director.
Bureau of Indian Affairs Branch of Forestry P. O. Box 120 Hoquiam,
Washington 98550
Map not keyed, see original
Julia:
This is the same map as attached to the report we gave you in
Olympia.
Queets Unit
Quinault Reservation
HEL-009-1550-1553
HEL-009-1550-1553
GALBRAITH, A W BIA PORTLAND
681029
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
RECEIVED
681109
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
681029
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
Authority has been granted to issue a modified cutting permit Form
5-613 to the Quinault Tribe to dispose of timber on the Lizzie Rolfson
Allotment which is now in tribal ownership. You should proceed to
develop the Forest Officer's Report and the permit and submit them to
this office for approval. Consent of the tribe by resolution of the
Tribal Council should accompany the report. A recommended modified form
of 5-613 is attached. The special deposit requirement of Section 6 has
been waived for this permit.
This permit has been granted with the understanding that formalized
tribal documents will be developed to cover future ventures of the tribe
in logging and marketing of tribal timber holdings.
Sincerely yours,
A. W. GALBRAITH Assistant Area Director (Economic Development)
Enclosure
cc:
Commissioner, Attn. Branch of Forestry
Hoquiam Field Office
HEL-009-1554-1554
HEL-009-1554-1554
FELSHAW, G M W WA AGENCY
681025
CORRESPONDENCE
WOLL, A M
681025
Memorandum
To: Files
From: Arthur M. Woll, Forester
Subject: Messrs. Corke, Goodwin and I met with Jim Officer on 681024
to discuss procedures the Quinault Tribe may use to obtain a title to
the Pacific Coastline of the Reservation.
Mr. Officer said the last time he was in the Northwest, 2 to 3 months
ago, congressman J.B. Hansen offered to propose special legislation to
assist the Quinault Tribe in obtaining title to key tracts of land along
the coast. After we discussed the information submitted with
Superintendent Felshaws" letter of 680924, Mr. Officer decided we did
not have enough information to propose any action to Mrs. Hansen. Mr.
Goodwin was given the correspondence file to hold for future action.
(ILLEGIBLE) Arthur M. Woll
cc: Forestry Chrony Holdup
AMWoll: bar-681025
BRANCH OF FORESTRY Routing Sheet
(ILLEGIBLE)
Pay
Chester
(ILLEGIBLE) active Corke when we are ready (ILLEGIBLE)
Ely
Crosby
Graham
Martin
Waters
Rhodd
Remarks: Logged in 10/4 ont 10/71
(ILLEGIBLE)
(ILLEGIBLE)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20242
OFFICE OF ROBERT L. BENNETT THE COMMISSIONER
681002
GPG
(2) FORESTRY Please Expedite.
(3) REALTY Please expedite.
(4) 300
R L Bennett
I asked (ILLEGIBLE) "ink "machine If this is too light I'll make new
copies.
(ILLEGIBLE)
HEL-009-1555-1558
HEL-009-1555-1564
FILES
680930
CORRESPONDENCE
OFFICER, J E DOI
RECEIVED
681001
THE SECRETARY OF THE INTERIOR WASHINGTON
680930
Memorandum
To: Commissioner of Indian Affairs
From: James E. Officer, Assistant to the Secretary
Subject: Quinault desire to regain tribal title to Pacific Coastline
of the Reservation
When I was recently in the Pacific Northwest, I heard a great deal
from Jim Jackson about the desire of the Quinaults to regain tribal
title to the Pacific Coastline of the Reservation in light of plans for
a road through this area. I asked Morris Felshaw to send me information
about the lands in question and about the estimated cost of purchase and
restoration. The attached materials relate to that subject.
There is no question in my mind but that these lands could be
extremely valuable. Perhaps the least we could hope for would be the
establishment of a Quinault Wilderness Area probably under the
supervision of the National Park Service with the Quinault Tribe having
a preference right for the establishment of concessions in the area. On
the other hand, the Tribe might obtain title to some of the area through
purchase. They haven't any money right now, but there might be some way
to help them obtain it.
In any event, I would like to see us get moving with some plans
before Secretary Udall leaves office. Would you please have these
materials reviewed by Perry Skarra, the Real Property Management staff
and Phil Corke; when they are ready, I would like to have a general
meeting to discuss this whole matter.
Also, have Perry see if he can locate the proposal made a few years
back (620000) by John Libby, so that we can discuss that as well.
Thanks.
Jim James E. Officer
Enclosure 680924 ltr. fm. Supt. Western Wash. Agency
HEL-009-1559-1559
HEL-009-1555-1564
COMM OF IND AFFAIRS BIA
680924
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
IN REPLY REFER TO: Real Property Mgmt.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
680924
AIRMAIL
Mr. James E. Officer Assistant to the Secretary of the Interior
Washington, D. C. 20240
Dear Mr. Officer:
On your recent visit to this jurisdiction, you requested that I send
you basic information about the proposed Wilderness Area on the Quinault
Reservation. Enclosed you will find aerial photos which provide an
excellent photographic view of the Pacific Coastline. You will also
find a map of the Quinault Reservation with an ink line showing the
route of State Highway SR-109.
I have requested the appraiser to provide us with information about
land values. You will find his letter on this subject enclosed. I also
requested the Forest Manager to determine the volume and value of timber
involved as follows: approximately 3,500 acres with an estimated total
volume of 19,230,000 board feet and an estimated value of $480,000.
In summation, there is approximately 3,500 acres of land involved
with an appraisal of approximately 4 million dollars and an estimated
timber value of $480,000. This would indicate that a minimum of
$4,500,000 is necessary to acquire single ownership of these lands. I
have not taken the liberty of transmitting this information to Mrs.
Hansen, therefore, I shall leave this to your discretion.
You will recall on other visits and discussions about the Quinault
Reservation, reference was made to a proposal which Mr. John Libby,
Agency Forest Manager, worked up in about 620000. It seems to me that
on a previous occasion I transmitted a copy of this proposal to you. In
the event my memory is not serving me properly, I am sure there is a
copy on file in the Bureau's Forestry Office in Washington which you
could no doubt obtain and review. I am not inferring that the proposal
made by Mr. Libby is necessarily complete and is the only solution, I am
only suggesting you may want to take a look at it because it does offer
a possibility for solution to a Quinault problem.
We have consistently pressed Jim Jackson to sit down with us and try
to reach final conclusions on what he would like to have in a land
purchase and land utilization plan. Our success has not been
particularly good in that Jim offers sufficient resistance to keep us
from getting down to business. The attached letter will give you some
idea of his current attitude. In any event we propose to push forward
as fast as he will cooperate with us.
Last week when visiting with the Area Director, we discussed the need
for a thorough study of the slash disposal problem to be conducted by
knowledgeable parties other than the Bureau of Indian Affairs. The Area
Director indicated he would push very forcefully with Mr. Skarra about
getting such a study accomplished.
As further accomplishments occur, I shall attempt to keep you
informed.
Sincerely yours,
George M. Felshaw Superintendent
Enclosures
HEL-009-1560-1561
HEL-009-1555-1564
OFFICER, J E DOI WASH DC
680906
CORRESPONDENCE
SWANSON, R C BIA PORTLAND
RECEIVED
380909
Real Estate Appraisal
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680906
Mr. George M. Felshaw Superintendent, Western Washington Agency
Dear Mr. Felshaw:
As requested we are furnishing the following information regarding
the present fair market value of lands in the proposed wilderness area
on the Quinault Reservation. The lands concerned are those lying along
the coastline immediately west of State Highway SR 109, as proposed, and
the village of Queets on the north and the village of Taholah on the
south.
The total fair market value is estimated at 4 million dollars. This
may be broken down as $1,900,000 for allotted Indian lands, and
$2,100,00 for non-trust lands.
The above estimate of market value does not include any value to the
merchantable timber that may exist presently. However, the major share
of the value of these lands is in their demand as ocean frontage and the
growing timber, which I am sure is minor in volume, is a necessary
amenity to that value. The land, removed one-fourth mile from the
ocean, has for the most part been harvested and is now covered with
young growth of various ages. This has been taken into consideration in
making the value estimate.
The major portion of the non-trust land fronting on the ocean has
been subdivided into principally 100 front foot parcels and sold on that
basis. Present market indicates that purchasers of large front footages
pay up to $50 per front foot, whereas for small lot-sized front
footages, the going market would be at $70 per front foot. This has
been taken into consideration in arriving at the overall value of the
total lands.
Attached is a map showing ownership prepared by Titles and Records
Section, Real Property Management. On this map I have indicated in blue
the location of the State Highway as state right of way proposal maps
would indicate the location.
Sincerely yours,
Richard C. Swanson Richard C. Swanson Area Chief Appraiser
Attachment
HEL-009-1562-1563
HEL-009-1555-1564
FELSHAW, G M W WA AGENCY
680917
CORRESPONDENCE
JACKSON, J QUINAULT TRIBAL AFF
680918
QUINAULT TRIBAL AFFAIRS
Quinault Indian Reservation Taholah, Washington 98587
680917
Mr. George M. Felshaw Western Washington Agency Federal Bldg. 3006
Colby Ave. Everett, Washington 98201
Dear Mr. Felshaw:
In answer to your letter of 680905, regarding a Tribal Land Purchase
Program.
I explained to Mr. Newton Edwards and his Task Force last month that
the guidelines as set by the Portland Area Office are not acceptable to
the Quinault Tribe. Until the Portland Area Office is ready to assume a
"Tutorial and Advisory Relationship" with us, it is meaningless for the
Quinault Tribe to work on a land purchasing programt that we know will
not be approved.
However, we will continue to work with Mr. John Gordon in the Hoquiam
Office on a program.
Sincerely yours,
James Jackson James Jackson Chairman, Quinault Tribe
HEL-009-1564-1564
HEL-009-1555-1564
FELSHAW, G M W WA AGENCY
681025
CORRESPONDENCE
CORKE, C P DOI BIA WASH DC
Forestry 791-67
TELETYPE
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C.
1492201 RES. MGT. BIA (1804.3) 690000
DALE BALDWIN, AREA DIRECTOR BUREAU OF INDIAN AFFAIRS PORTLAND, OREGON
REURTT 681023 TIMBER CUTTING PERMIT TO COVER DISPOSAL OF TIMBER ON
LIZZIE ROLFSON ALLOTMENT NOW IN TRIBAL OWNERSHIP. PENDING TRIBAL
CONSENT AND WITH UNDERSTANDING THAT FORMALIZED DOCUMENTS WILL BE
DEVELOPED BY TRIBE TO COVER ANY FUTURE SALE OF TIMBER, YOU ARE
AUTHORIZED TO ISSUE MODIFIED CUTTING PERMIT FORM 5-613 TO QUINAULT
TRIBE. SPECIAL DEPOSIT REQUIREMENT OF 10 PERCENT IS WAIVED.
Charles P. Corke
Deputy Assistant COMMISSIONER 300 surname
Forestry Chrony
Mailroom Chrony
Holdup
CEChester:ejj:681024
J-681104.4184
SOLICITOR
681025
INTERIOR DEPT.
Charles E. Chester, Breach of Forestry 33163 681024 1:21 p.m.
HEL-009-1565-1565
HEL-009-1565-1577
BALDWIN, D BIA PORTLAND
691023
CORRESPONDENCE
GALBRAITH, A W BIA PORTLAND
RECEIVED 001024
(83138 EVDEG
681023
RAAUIJAZ RUWLRPG0002 2971915-UUUU--RUEVDEG. IOIA FM A W, GALBRAITH
ASSIST AREA DIR BIA PORTLAND OR.
TO COMM BIA ATTN: BR OF FORESTRY WASH DC.
BT
THE QUINAULT TRIBE HAS REQUESTED A SPECIAL TIMBER CUTTING PERMIT BE
ISSUED TO THEM TO COVER DISPOSAL OF TIMBER ON LIZZIE ROLFSON ALLOTMENT
NOW IN TRIBAL OWNERSHIP. TRIBAL REPRESENTATIVES HAVE INDICATED IT IS
IMPERATIVE THAT THEY BE PERMITTED, IN THIS INSTANCE. TO HANDLE THEIR
OWN SALE OF TIMBER WITH THE UNDERSTANDING THAT FORMALIZE DOCUMENTS WILL
SUBSEQUENTLY BE DEVELOPED TO COVER ANY FUTURE SUCH SALE OF TIMBER WE
REQUEST AUTHORITY TO ISSUE A SPECIAL TIMBER CUTTING PERMIT TO THE
QUINAULT TRIBE IDENTICAL TO FORM 5-613 WITH APPROPRIATE CHANGES
NECESSARY TO RELATE THE DOCUMENT TO A TRIBE RATHER THAN INDIVIDUAL
ALLOTTEES. FIVE PERCENT ADMINISTRATIVE FEES WOULD BE REQUIRED FOR
PAYMENT PRIOR TO ISSUING THE PERMIT AND THE TEN PERCENT SPECIAL DEPOSIT
REQUIRED IN SECTION 6 OF THE PERMIT FORM WOULD BE WAIVED. THESE
RECOMMENDATIONS APPEAR TO BE IN KEEPING WITH THE SPIRIT OF THE SPECIAL
TASK FORCE REPORT AND IN VIEW OF THE EXPRESSED URGENCY OF TRIBAL
REPRESENTATIVES, WE REQUEST YOUR EARLY CONSIDERATION OF OUR REQUEST.
BT
HEL-009-1566-1566
HEL-009-1565-1577
COMM BIA BR OF FORESTRY
681007
CORRESPONDENCE
JACKSON, J
RECEIVED 681017
681007
Mr. John F. Gordon Western Washington Agency Hoquiam Field Station
Post Office Bldg., P.O. Box 120 Hoquiam, Washington 98550
Dear Mr. Gordon:
The Quinault Tribe has recently purchased the Lizzie Rolfson
Allotment with judgement funds. This purchase initiated the Quinault
Tribe's land purchase and consolidation program. In view of our very
limited resources we wish to sell the timber on the Rolfson Allotment
and re-invest the proceeds in another tract of land vital to the
Quinault Tribe. These funds are our only resources for the purchase of
land timber at the present time.
We therefore request the Bureau to issue to the Quinault Tribe a
special timber cutting permit. We hope the approval of this timber
cutting permit to the Tribe will establish a procedure that can be
applied to additional timber which we expect to purchase in the future.
A review of the alternatives indicate that this is the most desirable
means of disposing of the timber enabling us to re-invest.
We trust you will give early attention and approval to this request.
Sincerely yours,
James Jackson, James Jackson, Chairman
JJ: wef
cc: Mr. George M. Felshaw Mr. Allen Galbrieth Mr. James E. Officer
Mr. Newton Edwards Mr. Robert L. Bennett
681021
QUINAULT ALLOTEES COMMITTEE: Helen Mitchell, Clark Reed, Francis
McCrory, Daisy Slade, Ann Koontz, Herbert Capper James Jackson.
The Allotees committee of the Quinault Reservation met in the tribal
office, Taholah, 681017 with Bud Lozar, Realty Officer, Bureau of Indian
Affairs. Joe DeLaCruz, Business Manager of the tribe also attended.
During the course of the meeting it was brought to our attention by
Clark Reed, member, Allotees committee, that Allotment # 1252, Weaver
Major, located in the Queets Unit was to be advertised for a timber
sale. The committee was to meet the following day, Friday, 681018 on
other business in Hoquiam and agreed that we would ask that we be
informed on the terms of the advertisement+++If sold advertisement did
not include a reasonable road maintenance cost agreement we would ask
that the sale be withheld until such road agreement be aquired or other
arrangements made with allotee for harvesting of this allotment.
Friday we met with Will Grey; John F. Gordon, Hoquiam Bureau of
Indian Affairs staff and were informed that they had no authority to
stop the advertisement which was scheduled for release the following
Thursday.
Mr. DeLaCruz and myself had an appointment to meet with Earl Wilcox,
Alan Galbraith and Ken Hadley on Tuesday, 681022 in Portland, where we
asked that the sale be withheld until a reasonable road maintenance, 10
or 12 cents per thousand per mile be agreed upon. We are aware that the
Bureau has a study on road maintenance that indicates this to be a fair
price. They assured us that a call authorizing the Agency to hold the
sale would be made and we agreed that we would give our written
objection to the sale.
Attached are the following:
1. Order/ Superior Court / Clallum County
2. Example, road use
3. Directive to Secretary of the Interior
Each submitted with the following questions not to be argumentive but
for some constructive thinking for future use.
1.) Weaver major: Indian: United States holds this land in trust.
As trustee the authority lies with the Secretary of the Interior or his
authorized representative, to rule in the 'best interest of the Indians'
after consulting with the Indians. If Weaver Major is an incompetent,
then the next consultant should be the tribe. Was the tribe consulted
before the following recommendation was made? lines 28 through 32: the
fact that the timber is over mature and that the volume and quality of
timber are above average are probably true. It would command a good
price, all things being equal, which they are not. This fact has been
brought to the attention of the Forestry branch on many occasions.
2.) This example of a road use agreement was on file at the Forestry
office, Bureau of Indian Affairs, Hoquian, The cost of $3.50 was for
approximately two and a half to three miles of road. This is over a
dollar a thousand per mile, and demanding other provisions in the road
agreement to cover operations on trust lands over and above rules and
regulations as set by the Bureau of Indian Affairs which they had no
authority to do. All designed to discourage the competition, which they
have successfuly done.
3.) The Secretary of the Interior was requested to take action
necessary to insure a right of ingress and agress across patent lands by
580701. It appears to be 680000 or ten years later - when Clark Reed,
Indian logging operator, who owns the allotment next to the Weaver Major
allotment was told it would cost him $3.50 a thousand to use the road to
get to the reservation boundary.
Until such time as a flat rate road agreement is obtained on all
roads for all people at 10 or 12 cents per thousand per mile there
should be no timber sale offered to these timber operators who control
the roads.
Was the court and its guardian informed of these existing conditions?
Was the court and its guardian informed that Weaver Major could sell
negotiated sale to the tribe at 10% less and still get the same amount
of dollars?
Did the first guardian, The Bureau of Indian Affairs take all things
into consideration: Does Weaver Major, owner of # 1252 have a family?
If not what would the heirship status be? Is there an important factor
what he should retain ownership of this allotment or would be and the
tribe be served best by a negotiated sale to the tribe, where the land
would not go into an heirship problem. If he is an older person than
would the overall picture be best for the tribe to be the sucessor to
the lands in question since the volumes indicate that the value, if
properly managed would be sufficient to keep even a family for many year
let alone a single man.
We would highly recommend that steps be taken to negotiate to the
tribe for the appraised value as it appears Weaver Major will be in need
of money in about two months. Past experience indicates that a road
agreement will not be provided in that time. Past experience also
indicates that under present conditions all this transaction would bring
is the minimum. Our position is that the Tribe might as well make the
profit as some outsider.
The Tribe, Allotees Committee Chairman, and tribal Business manager
will meet with guardians concerned and work toward this objective.
Hopefully the Bureau of Indian Affairs will assist.
Sincerely,
Helen Mitchell
Helen Mitchell
Joe DeLaCruz
James Jackson
James Jackson
Joe De La Cruz
3. EXPIRATION DATE. This permit shall expire on the day of 196 or
upon the completion of the removal of the timber and forest products
from the sale area, whichever occurs first.
4. CONSIDERATION. Permittee shall pay Grantor for each ten thousand
board feet of logs transported over the above-referred to road, the sum
of $3.50 and for each cord of pulpwood, the sum of $1.50 for the cost of
amortization and maintenance of said road, said payments to be made
concurrently with stumpage payments which are remitted to the Bureau of
Indian Affairs for stumpage, and failure to timely make such payments
shall be a cause for cancellation of this permit as herein below
provided.
5. ROAD MAINTENANCE. Permittee shall maintain the above referred to
road used by it in good and usable condition for use by logging trucks,
passenger automobiles and pickup trucks. Permittee further agrees that
at all times during the term of this permit, it will keep roads
constructed by it on lands owned or controlled by the Grantor, open and
in such state of repair as to permit normal use thereof and termination
hereof shall leave such roads in such condition.
6. FIRE PROTECTION. Permittee shall maintain at its operation in
good and usable condition all the tools and equipment necessary to
prevent and suppress fires as required by law, and in addition thereto
have and maintain ready for use, a mobile tank of not less than 500
ILLEGIBLE
TIMBER SALES-QUINAELT 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 c 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.
HEL-009-1567-1574
HEL-009-1565-1577
GORDON, J F W WA AGENCY
CORRESPONDENCE
GORDON, J F W WA AGENCY
Administration
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Hoquiam Field
Station Post Office Bldg., P. O. Box 120 Hoquiam, Washington 98550
671019
Mrs. Helen Mitchell Route 1, Box 189 Oakville, Washington
Dear Mrs. Mitchell:
Pursuant to your inquiry, please be advised that 561222 was the first
supervised land sale at Queets. This information was provided us by Mr.
Allen of the Everett Office.
Sincerely yours,
John F. Gordon John F. Gordon Assistant Superintendent
I attended the sale of the Emma Major logging unit. The bidding as
recorded below in contrast to the appraisal of the Ramon Peters
allotment in the same period of time.
Table not keyed, see original
Map not keyed, see original
Queets Unit Quinault Reservation
HEL-009-1575-1577
HEL-009-1565-1577
MITCHELL, H
681018
CORRESPONDENCE
GALBRAITH, A W US DOI BIA PAO
IN REPLY REFER TO: Forestry 67-9-6 - 339.8
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
681018
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Branch of Forestry
Sir:
Forest areas denuded by fire may require additional treatment other
than reforestation. In certain areas, and soon after a fire occurs, it
may be necessary to seed-in a fast germinating, vegetative cover to
prevent soil erosion.
With the advice and help from several cooperators, the Western
Washington Agency initiated a vegetative cover study in 671000. Since
that time they have made occasional visits to observe and test
conditions. These observations have been recorded, and in 680600 were
written up as an informal and illustrated report. On 680923, the
Superintendent of the Western Washington Agency made the report
available to this office.
We are pleased that the agency has performed such an excellent job in
implementing this study. It should prove to be a valuable reference in
years to come.
Along with the enclosed report, we have prepared and are providing
you with a list of the cooperators. They will receive a copy of the
agency report.
The reforestation program, already in progress, includes aerial
seeding (920 acres) supplemented with planting (1,000 acres). The
agency has staked and mapped 162 plots established to observe
germination and survival of the aerial seeding. Planting survival will
be recorded in ensuing years. Reports on the success of this program
will be transmitted to your office when completed. The aerial seeding
survey will start in the Spring of 690000.
Sincerely yours, ILLEGIBLE A. W. Galbraith Assistant Area Director
(Economic Development)
Enclosures
HEL-009-1578-1578
HEL-009-1578-1594
COMM OF INDIAN AFF DOI BIA DC BR OF FORESTRY
680923
CORRESPONDENCE
FELSHAW, G M BIA W WASH AGENCY
IN REPLY REFER TO:
Forestry Forestry-339.8 Raft River Burn
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
680923
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
Enclosed is a report on the Reseeding Study on an area within the
Raft River Fire in the Queets Unit, on the Quinault Reservation. The
study was made during 671000. Three plots were established and sown
with a mixture of abruzzi rye grass, Italian rye grass, red clover and
New Zealand white clover. (Block No. 1 was only sown with abruzzi rye
grass.) The areas between the plots was used as check areas to observe
natural vegetation establishment.
During 680600, the area was examined, photographs taken and the
following observations made:
1. The soil type in the area of the Raft River fire is not subject
to heavy erosion.
2. A rapid cover can be obtained by planting rye grasses.
3. The soil in a burned area may be too acid for germination of
clover.
4. The Douglas-fir seeds germinated as well under the grass cover as
they did in the open areas.
5. Native forbes and browse are less abundant in the grassed areas
than in the check plot areas.
Attached to the report is a map showing the plot areas and a series
of color photographs of the stands of grass.
Sincerely yours,
George M. Felshaw Superintendent
Enclosures
Reseeding Study on Raft River Fire #98
On 670926, the burned area of the Raft River Fire was examined by
Department of Agriculture, Bureau of Indian Affairs and Tribal personnel
to determine whether or not any erosion control steps should be taken.
It was suggested that some study plots should be established in the area
above the Twin Bridges on the Raft River drainage, in the Queets area of
the Quinault Reservation.
On 671010, Hoquiam Inventory personnel, accompanied by Boyden Houtz,
Work Unit Conservationist for the Soil Conservation Service, established
three study blocks of approximately three (3) acres each. These blocks
were established on the north side of the river (Exhibit A) where the
slopes were extreme and the soil texture appeared the most susceptible
to erosion. The block boundaries were staked.
On 001020 and 001023, members of the Hoquiam Forestry staff, assisted
by Messrs. David L. Hintz, Forester for the Soil Conservation Service,
and Boyden W. Houtz, Work Unit Conservationist for the Soil Conservation
Service, fertilized and seeded these areas. The following schedule was
used:
Block #1: Abruzzi rye, 100 pounds per acre, with 80 pounds per acre
ammonium nitrate fertilizer.
Block #2: Abruzzi rye, 50 pounds per acre, Italian rye, 15 pounds
per acre, red clover, 5 pounds per acre, New Zealand white clover 2
pounds per acre, with 80 pounds per acre ammonium phosphate fertilizer.
Block #3: Italian rye, 20 pounds per acre, red clover, 5 pounds per
acre, and New Zealand white clover 2 pounds per acre, with 80 pounds per
acre ammonium phosphate fertilizer.
On 001025, observations indicated all species of seeds on Block #1
and #2 were germinating and some sprouts were visible on Block #3.
On 001116, the entire seeded areas had visible seedlings from across
the river.
The following observation was made by Mr. Houtz on 001212. "Plots
inspected by Messrs. B. Houtz and J. Ferguson: Rye plants 2 to 3 inches
high, grass and clover showing. Cover up to 50 percent on slopes
varying from 30 to 35%; very little cover on steep slopes. Native
forbes and small brush coming back. Stream clear. Plots containing rye
evidently giving most rapid cover".
During the winter, the seeded areas were included in an aerial
seeding of Douglas-fir. In 680600, a reproduction survey of the
Douglas-fir seedlings on the blocks was made. The sample was a series
of mil-acre plots and showed the area to be 73% stocked. An examination
of the grasses was made concurrent with the reproduction survey. The
abruzzi rye was up to six (6) feet in height in portions of the plots,
but stunted and sparse on steep, rocky slopes. The Italian rye was knee
deep and very thick in places, but stunted and sparse on steep slopes.
Very little clover was showing.
Forester Don Collins of the Bureau of Indian Affairs collected a
series of water samples to check for sediment from the fire. Samples
were taken from two locations, one above the fire area and one within
the fire area. The time of sampling was spaced to check periods of
heavy rainfall as well as normal days. The samples were taken on
001002, 16 and 30; 001120; and 671204 & 671229. There was no
noticeable difference in the amount of sediment in the water sample
taken from streams above or within the fire area.
The following observations were made during the interim of planting
(671000) and when photographs were taken (680600):
1. The soil type in the area of the Raft River fire is not subject
to heavy erosion. Samples of water and visual observation of slide
areas showed no appreciable erosion.
2. A rapid cover can be obtained by planting rye grasses.
3. The soil in a burned area may be too acid for germination of
clover.
4. The Douglas-fir seeds germinated as well under the grass cover as
they did in the open. Survival studies will be made to check the effect
of grass competition.
5. Native forbes and brush are less abundant in the grassed areas
than in the check-plots areas which were located between the planted
areas.
TRACT MAP
Map not keyed see original
Not keyed see original
Block 3 - containing red and white clover, English and Italian rye
planted 671000.
ALL PHOTOGRAPHS TAKEN 680600
Not keyed see original
Not keyed see original
Not keyed see original
Block 2 from across Raft River containing abruzzi rye, English rye,
and Italian rye + red and white clover planted 671000
Not keyed see original
Not keyed see original
Not keyed see original
Not keyed see original
Block 1 from across river - planted to abruzzi rye in 671000. Note
reproduction of brush in unplanted areas.
REHABILITATION OF RAFT RIVER FIRE AREA VEGETATIVE COVER STUDY
List of Cooperators
Portland Area Office
L. W. Rogers, Jr., Area Soil Conservationist O. V. Chenoweth, Jr.,
Area Soil Scientist
State of Washington, Department of Natural Resources
Donald R. Hopkins, Supervisor, Forest Land Management Division
Soil Conservation Service
Boyden W. Houtz, Work Unit Conservationist Montesano, Washington
David L. Hintz, Forester, Seattle, Washington
Bureau of Commercial Fisheries
Paul D. Zimmer, Supervisor, Biological Studies Portland, Oregon
Bureau of Sport Fisheries and Wildlife
Philip A. Lehenbauer, Specialist Wildlife Enhancement Portland,
Oregon
Quinault Tribal Council
James Jackson, President, Taholah, Washington
HEL-009-1579-1594
HEL-009-1578-1594
BALDWIN, D M DOI BIA PORTLAND
681012
CORRESPONDENCE
BENNETT, R L US DOI BIA DC
IN REPLY REFER TO:
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C. 20240
681012
AIR MAIL
Mr Dale Baldwin, Area Director Bureau of Indian Affairs 1425 N. E.
Irving Street Portland, Oregon 97208
Dear Dale:
It is a pleasure for me to forward to you six copies of the report to
the Assistant Secretary, Public Land Management, from the Special Task
Force on Quinault Land and Timber Sales, dated 680919, together with
copies of correspondence including a memorandum addressed to me of
681002, by the Secretary of the Interior.
In his memorandum, the Secretary approves the Task Force report and
recommendations and asks that necessary steps be taken to carry out the
recommendations, including changes in regulations and procedures.
After your examination of the report and recommendations, including
discussions with Mr. Earl Wilsox, Forester, who is attached to your
office and who was a member of the special Task Force, it would be
appreciated if you would make your recommendations to this office for
any changes in regulations, procedures, or delegations of authority.
I know of your deep concern about the Quinault situation, and I am
sure that you will respond in the manner indicated in the Secretary's
memorandum.
Sincerely yours,
Robert L Bennett Robert L. Bennett Commissioner of Indian Affairs
CC: Asst. Commr, Hubley, 300--w/cc report Mr. Skarra, Chief, Branch
of Forestry, 330/w cc Mr. Goodwin, Chief, Branch of Realty, 350, w/cc
report
Enclosures--6
CC: Newt Edwards, member of Task Force, ASPLM, Interior--f.y.i.
LaFollette Butler, member of Task Force, BIA, Phoenix, Arizona-f.y.i.
Earl Wilcox, Forester, BIA, Portland, Oregon -- f.y.i.
HEL-009-1595-1595
HEL-009-1595-1609
BALDWIN D DOI BIA
681002
CORRESPONDENCE
UDALL, S L DOI BIA DC
RECEIVED
681003
UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF THE SECRETARY WASHINGTON, D.C. 20240
681002
Memorandum
To: Commissioner, Bureau of Indian Affairs
From: Secretary of the Interior
Subject: Approval of Recommendations of the Special Task Force on
Quinault Land and Timber Sales
The recommendations in the enclosed report could be of considerable
assistance to the Quinault Tribe in its efforts to retain the land base.
Other recommendations will be of benefit to allottees selling timber.
I am hereby approving the report and recommendations. Will you
please see that the necessary steps are taken to carry out the
recommendations, including changes in regulations and procedures. Most
important, as the task force stressed, will be an imaginative, flexible
and helpful attitude by the Bureau officials in working with the tribe.
(ILLEGIBLE)
Enclosure
HEL-009-1596-1596
HEL-009-1595-1609
COMM DOI BIA
681002
CORRESPONDENCE
UDALL, S L DOI BIA DC
DEPARTMENT OF THE INTERIOR
OFFICE OF THE SECRETARY WASHINGTON, D.C. 20240
681002
Dear Mr. Jackson:
Enclosed is a copy of the report of the special task force appointed
to study and make recommendations on the sale of Quinault Indian land
and timber, in response to your letter of 000520 to Congresswoman
Hansen.
You will note that the various recommendations have been approved and
are to be put into effect by the Commissioner of Indian Affairs. In
some respects, however, these recommendations are only tools that can be
used by the tribe if it chooses.
The task force chairman, Newton Edwards, tells me that as a result of
the work of the task force he believes there is increased understanding
and interest on the part of both the tribe and the Bureau of Indian
Affairs in working together to carry out its objectives.
Sincerely yours,
(Sgd) Stewart L. Udall Secretary of the Interior
Mr. James Jackson Chairman, Quinault Tribal Council Moclips,
Washington 98562
Enclosures
HEL-009-1597-1597
HEL-009-1595-1609
JACKSON, J QUINAULT TRIBAL COUN
681002
CORRESPONDENCE
UDALL, S L US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF THE SECRETARY WASHINGTON, D.C. 20240
681002
Dear Mrs. Hansen:
You will recall that you wrote on 680528, enclosing a letter you
received from James Jackson, and expressing the hope that we could
figure out answers to the various problems.
One of the problems was the accelerated sale of land out of Indian
ownership and related timber sales. At my request, Assistant Secretary
Anderson appointed three very knowledgeable men as a special task force
to visit Quinault, study the problem, and make recommendations.
Enclosed are copies of their report, the approval of the
recommendations, and the transmittal letter of Tribal Chairman Jackson.
There is no easy solution, but I believe the changes will be helpful
to the tribe and the allottees. Perhaps even more important will be the
increased interest and understanding on the part of both the Indians and
the Bureau of Indian Affairs brought about by the work of the task
force.
Assistant Secretary Anderson and Commissioner Bennett will welcome an
opportunity to talk with you about these Quinault matters at your
convenience.
Sincerely yours,
(Sgd) Stewart L. Udall Secretary of the Interior
Hon. Julia Butler Hansen House of Representatives Washington, D. C.
20510
Enclosures
HEL-009-1598-1598
HEL-009-1595-1609
HANSEN, J B HOUSE OF REP
680919
CORRESPONDENCE
EDWARDS, N W DOI BIA BUTLER, L DOI BIA WILCOX, E DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF THE SECRETARY WASHINGTON, D.C. 20240
680919
Memorandum
To: Assistant Secretary for Public Land Management
From: Special Task Force
Subject: Quinault Land and Timber Sales
In response to a letter from the Honorable Julia Butler Hansen,
Secretary Udall asked you to appoint a small task force to study land
and timber sales on the Quinault Reservation. The tribal chairman,
James Jackson, had expressed the belief that the accelerated land sales
were being encouraged and expedited by the Bureau of Indian Affairs and
that the Bureau's policy prevented an allottee from harvesting his
timber unless he also agreed to the sale of his land.
On 000820 we met with the tribal council and a committee of the
allottes for a full discussion. We obtained a better understanding of
the Tribe's aspirations, the nature of the problems and received a
number of very good suggestions. The next day two designated members of
the Tribe took us over much of the reservation to inspect the critical
road, timber and shore areas. A day was spent at the Hoquiam Sub-office
examining the Agency files of the past three years on fee patents,
supervised land sales, and timber sales. We met with the Superintendent
and key Agency staff not only to obtain information but also to convey
to them the strong desires of the Tribe and suggestions as to means by
which the Realty and Forestry staffs could be of greater help.
Similarly, another day was spent in the Portland Area Office discussing
matters covered in this report with key officials.
The Setting
The Quinault Reservation contains about 190,000 acres of spectacular,
scenic grandeur varying from virgin forests to unspoiled lakes and
rivers, and on the Pacific Coast sandy beaches or jagged capes. Only
about 4,200 acres are in tribal ownership, the remainder having been
allotted to Quinaults or to some members of other tribes residing in the
area. The Quinault tribe is in the process of preparing a current
membership roll. It will not include a number of Indians who have
property rights in allotments on the reservation but do not meet tribal
blood or residence requirements. A typical 80 acre timbered allotment
is worth about $66,000 of which only $4,000 is land value. Ocean front
allotments are also of
cc: Mr. Dunlap, Roads 691211 great value bringing about $40 a front
foot and after being subdivided bring about twice that price. Almost a
third of the reservation land has gone out of Indian ownership, but
little of it is actually occupied.
A coastal highway in a few years will be connected across the
Quinault Reservation.
Two large timbered areas were sold under long-term contracts to
obtain some immediate income for allottees and to encourage the building
of roads and to make possible the harvesting of timber. In the third
area the land is being sold piecemeal by the allottees.
The Quinault Indians do not live on their allotments, but in two
villages at the mouth of rivers flowing into the Pacific. There are
roughly 400 living at Taholah and 200 at Queets. New homes are being
built. The residents of Taholah have done an outstanding job of
cleaning up and beautifying their town. The average family income is
estimated at about $3,000 derived from fishing, sale of timber and wage
employment. About three generations have attended school though often
in the past with indifference.
Indian Goals and Objectives
The objective of the Quinault Tribe is to keep Indian land in Indian
ownership. The Tribe is concerned that allotted Indian land is rapidly
being alienated; that the result in a few years will be that there will
be no reservation land base; and that without a land base there will be
no reason for the special Federal-Indian relationship and hence
termination will follow. Keeping the land in Indian ownership and
economic development of it by and for them will, in the view of the
Tribe, be of benefit to the Indian people.
The Quinault Tribe recognizes that the Bureau of Indian Affairs and
the Department of the Interior encourage Indians and Indian Tribes to
maintain their trust land base and encourage its economic development.
The Tribe also knows that the Bureau and the Department are committed to
letting Indian people make decisions affecting their affairs to the
maximum permitted by Federal law and to giving to Indian people as many
options as it is possible to give. In the Tribe's views, though, these
are high sounding words enunciated at top levels but not carried out at
the levels that affect them.
The Tribe sees the economic potential in timber and in fishing and
clam digging and would like for economic development to be pointed in
these directions more than in other developments such as commercial,
recreation or residential that would be aimed at accommodating large
numbers of non-Indians. The Tribe sees the influx of such people that
would be brought about by these latter types of development as a threat
to the Indians' existence as a Tribe and hence they oppose it.
The dilemma the Bureau of Indian Affairs faces across the country
concerning Tribal group desires to keep Indian lands in Indian ownership
and the desires of individual Indians concerning their private property
rights are basic to the problems at Quinault. The Department is in an
awkward position as trustee for both the tribe and individual Indians
when their interest conflicts.
The problem of balancing the interests of the Tribe in keeping Indian
lands in Indian ownership (which ultimately involves Tribal acquistion)
and the interests of the individual Indian owners of trust lands is one
that the Congress, the Department and others interested in Indian
affairs have spent a great deal of time pondering, over a number of
years. No entirely acceptable solution has yet been found. Any program
for solution to the problem represents to one degree or another an
infringement on the private property rights of the individual Indian
owner. We offer no solution to the problem that would apply to every
situation, but we do believe that there can be a further balancing that
will give opportunity for Tribal-individual Indian interaction without
the Bureau acting as a buffer to this interaction.
Specific recommendations will come at other points in this report but
it would be well to here mention that the Tribe wants the opportunity to
counsel with individual Indians who request sales of land or patents in
fee at the initial stage in the proceedings. The Tribe would fully
acquaint the individual with its desires and objectives regarding
keeping Indian land in Indian ownership; it might be able to suggest
other ways of meeting the individual's immediate need for cash which
usually is the basis for the request; it might be able to work out a
sale to another Indian; or it might be able to acquire it in Tribal
ownership. We recognize the opportunities a tribe given this position
might have for exerting undue pressures on the individual; however, we
start with the assumption that the Quinault Tribal Council represents
the Indians of the Quinault Reservation and that the Chairman speaks for
the Council and for the people. We make this assumption with full
knowledge of the arguments against it. The principal point made is that
the off-reservation Indians do not participate in tribal decisions and
that indeed many of these people may not be eligible for Quinault
"membership." We do not minimize the seriousness of the many problems
that are the basis for the arguments against our assumption. But we do
not believe the Bureau of Indian Affairs or the Department should take
the initiative in raising the argument. The Tribal position will most
certainly change if it is not representative of that of the people; if
there are those whose views cannot find expression in the inner workings
of Tribal politics, the Bureau and the Department will certainly hear
from these persons and can at that point take any appropriate action.
Our recommendation, then, will represent a further adjustment in the
balancing which the Bureau and Department have done in the past with
respect to this problem.
Retention of Land In Indian Ownership
The statements of objectives and policy by the Bureau and Department
concerning assisting Indians in keeping Indian lands in Indian ownership
are unequivocal. Difficulties areeise when a trive has little or no
funds for land purchase. Further the problem occurs in application in
the field as to how far in the balancing we spoke of earlier are we to
go in tipping the scale in the Tribe's direction. We believe there
needs to be flexibility so that a procedure can be developed by the Area
and Agency personnel and the Tribe to meet the particular needs at
Quinault. The recommendations we make for Quinault need not be regarded
as suitable for other reservation areas. The procedure recommended here
was discussed in general terms with the Quinault Tribal Council and we
believe would be acceptable to the Tribe.
1. When an Indian owning an interest in trust land first contacts
the BIA orally or in writing expressing a desire for a land sale or a
patent in fee, the Bureau would inform him of the Tribe's objective of
keeping land in Indian ownership and ask the applicant to consult with
the Tribe on his application. The Tribe would consult with the
applicant and attempt to work out a satisfactory solution. In this
phase the Bureau should be available on request to assist the Tribe. We
have touched on the opportunity the Tribe will have for exerting undue
influence on the applicant and the processes that should tend to
minimize this occuring. There is the possibility also that the
individual will exert pressures available to him. While the Bureau will
not be able to stand completely aside in these situations, it should
avoid the temptation to become involved at the first sign of strife and
should instead allow the abrasiveness necessary to give opportunity for
a middle ground to be reached. If this procedure is adopted, the Tribe
would gain a better understanding of the individuals' attitudes and
problems and out of the interaction between the Tribe and landowner,
there should come a satisfactory adjustment in this sphere of their
relationship.
This would be far different from the Superintendent's present
practice. Now when a part owner of an allotment asks to sell his
interest, the BIA contacts the other part owner asking him if he wants
to sell and, if so, to sign the necessary papers. Only after this is
all completed is a perfunctory letter sent to the Tribal Chairman
telling him of the contemplated sale and that if word is not received
within 30 days that the Tribe is interested in purchasing the entire
allotment, the land will be offered for sale.
2. Negotiated land sales to individual Indians should be authorized
as exceptions to regulations on the same basis as sales to the Tribe as
recommended below.
3. Negotiated sales to the Tribe should be authorized at less than
fair market value on the basis already authorized by the Commissioner's
letter of 680731.
4. Negotiated sale of individual interests to the Tribe should be
encouraged as is being done in the Pine Ridge program. The principal
argument against this is that since the tribal interest cannot be sold
in the absence of specific authorizing legislation, the individual
Indians do not have a free market for the sale of the remaining
interests (prospective purchasers would not want to be coowners with the
Tribe and there would be no possibility of purchasing the Tribe's
interest). The Tribe's position is that in the two large contract units
the market is now limited by the two logging companies that hold the
contracts; and that in the Queets area the market is limited by the
lack of access. We think there is considerable merit in these
arguments.
5. Gifts of lands to the Tribe should be authorized in those
instances where the individual desiring to make the gift is deemed by
the Bureau to be capable of making this decision about his property.
6. Deferred payment sales to the Tribe should be authorized on such
terms as the Tribe and the applicant can work out. In some instances
the initial payment may not equal 10 per cent in which event an
exception to regulations would be required.
7. A program to acquaint Indians with the possibility of making
wills rather than letting their property become further fractionated
should be initiated. The possibility of willing land to the Tribe
should be brought to the attention of the allottee by the BIA and
perhaps pursued by the Tribe.
8. There will come a point where it will not be possible to work out
a solution satisfactory to the Tribe, and these instances must be met by
advertised sale. One of the Tribe's objections was that in a negotiated
sale the applicant had to get necessary signatures from the other
owners, but that in an advertised sale the Bureau undertook this task.
This they regard as expediting alienation of Indian land. If there has
been the all-out effort to assist the Tribe in working toward its
objectives, and an advertised sale is truly a last resort, there should
be no basis for similar objections.
9. We noted that the Tribe's negative attitude toward the Bureau
centered on realty, evidencing a need for concentration on building a
sound communication between the Tribe and this basic function affecting
the Quinault Tribe. The fact that a new realty officer is at Everett,
one who seems to understand what is needed and is willing to work
energetically with the Tribe is a portent for good. The
Superintendent's desire to have the realty function be available to the
Quinault Tribe by regular visits should not be curtailed by lack of
funds. We recommend that adequate travel funds be provided for this.
Sale of Timber and Retention of the Land
It was contended that the management policies of the BIA prevent many
allottees from harvesting their timber without also agreeing to the sale
of their land. While there is a basis for their contention, the
following analysis clearly indicates it is possible for land owners (in
many circumstances) to sell their timber and retain their land.
Provision for the sales of both tribal and allotted timber, without
requiring the sales of land, are contained in the General Forest
Regulations (25 CFR 141). On the Quinault Reservation, such sales are
normally accomplished under either one of two general procedures, (1)
timber cutting contracts, or (2) special allotment permits. In the
former, timber is sold to purchasers under competitive bidding
procedures. The purchaser acquires only the right to cut and remove the
timber under the supervision and control of the Bureau of Indian
Affairs.
The second procedure is one in which a special permit is issued to an
allotment owner, provided there is a single owner. Normally, the owner
then negotiates for the sale of the timber to a logging operator who
will cut and remove the timber and will pay the owner directly for the
value of the stumpage. In some instances, however, the Indian owner
elects to log the timber himself. By doing so he obtains the income
derived from the logging enterprise in addition to the stumpage value.
During the three calendar years from 650000 to 670000, inclusive, six
new timber cutting contracts were executed. The total volume cut under
these contracts was 8,690 M board feet; the total stumpage price paid
was $166,573. Special allotment permits were issued on 28 allotments.
The total volume included under these latter permits was estimated as
38,310 M board feet, with a stumpage value of $714,229. In addition,
414,276 M board feed valued at $6,024,905 was cut on the Crane Creek and
Taholah Logging Units, the two long term cutting contracts which have
been in effect since the early 500000.
During the same three year period 52 allotments, with a total sales
price of $1,770,628, were sold to non-Indians under the supervised land
sale program. Fee patents were approved on 28 allotments. There were 5
negotiated purchases by the tribe or other eligible Indians.
Thus far in 680000 no contract sales of timber have been made on the
Quinault Reservation although one is planned for the early future.
Eleven special allotment timber permits have been issued during this
period. These had a total estimated volume of 16,479 M board feet with
a value of $442,712. Only one allotment has been sold this year to non
Indians under the supervised land sale program. One fee patent has also
been approved. There were 3 negotiated sales to Indians and 2 to the
Tribe.
Limitations on Selling only the Timber and Corrective Recommendations
Most of the remaining uncut old growth timber lies in the northwest
portion of the reservation in the area generally known as the Queets
Unit. This area, which originally included a total of 568 allotments,
now has only 71 trust allotments with merchantable timber. Generally,
speaking, these are scattered, either singly or in small groups of two
to four allotments, throughout the 45,000-acre unit.
Tribal representatives pointed out that sales of timber with the
retention of land in Indian ownership have been limited by certain
regulatory requirements, by restrictions on access and by certain Bureau
procedures. 25 CFR 141.19 (c) which covers special allotment timber
cutting permits specifies that such permits may be issued to the sole
beneficial owner of an allotment. Most of the remaining trust
allotments in the Queets Unit are in multiple ownership. This now
prevents the issuance of special permits on most allotments unless the
owners agree to consolidate their interests into a single ownership by
deed.
Fortunately the BIA has already moved to remedy this situation. The
Federal Register for 680821, contains a proposed amendment to 25 CFR
141.19(c) which will facilitate the issuance of special allotment
permits on multiple ownership allotments.
A second regulatory requirement which the Tribe feels encourages
Indian owners to sell their allotments as well as the timber is the
provision of 25 CFR 141.18. This requires a deduction equal to 10
percent of the gross amount received from the sales of timber made under
cutting contracts unless the sale requires little administrative
expense. In sales of both timber and land made under the supervised
land sale program, however, only a relatively small service fee is
charged. Thus, under these latter sales the Indian owner receives
virtually the full price paid for timber, plus the amount paid for the
value of the land itself.
The statutory authority under which fees are charged for services
performed in managing Indian properties gives the Secretary of the
Interior discretionary authority to charge reasonable fees. Obviously
this authority has not been exercied in a like manner throughout the
full range of services performed for Indians.
Recently, questions have been raised by both the General Accounting
Office and the Bureau of the Budget as to why the Indian owners have not
been charged the full cost of administering their respective forest
management programs, including the apportionment of Area Office and
Washington Office costs. The Department is now conducting an intensive
study of the Indian forestry program scheduled to be completed in
October. This study will include a detailed analysis of timber sale
administrative deductions and will consider alternative methods for
financing the program.
Tribal representatives expressed the opinion that lack of adequate
Federally controlled access to timber in remote portions of the area
known as the Queets Unit has tended to discourage the sales of timber in
those areas under normal timber cutting contracts. During the early
period in which a large number of the allotments in this area were sold
under supervised land sales, several timber operators built access road
systems which extended into the area. In general, the roads were
constructed across the allotments acquired under the land sales program.
In those instances, where portions of the roads crossed allotments
still held in trust, long term right-of-ways were acquired through
provisions of 25 CFR 161.
An operator who now has ownership rights in a road that extends into
a specific portion of the Queets Unit is in an exceedingly favorable
position when it comes to competitive bidding in the respective area,
either for timber offered for sale under cutting contracts or for the
purchase of timbered allotments sold under the land sale program prior
to offering timber for sale. To assure that prospective bidders are not
denied access, BIA has obtained written consents for use of the road
from the owner prior to offering timber for sale. The right-of-way
permission includes statements of the costs which third parties must pay
for the use of the roads. This information is included in BIA timber
advertisement.
In several instances called to our attention, road charges for
purchases of Indian timber have been unreasonably high and more than
rates others were charged. This tends to discourage competition and
results in the Indian sellers receiving less than fair values for their
properties. It appears that this inequity applies as much to prices
received in the sales of allotments under the supervised land sales
program as it does to the prices bid when the timber is sold under
cutting contracts.
We recommend that the Bureau aggressively negotiate with the owners
of access roads in the Queets Unit to obtain third party use agreements
which are as favorable to the Indian people as is possible. The maximum
cost for third party use of such roads should be at the lowest rate
charged any other user and certainly not exceed the fees which the State
of Washington charges for the use of state-owned timber access roads.
The Bureau should also carefully consider the probable advantages of
sealed bid over oral auction bidding procedures in the sales of timber
in areas where one operator has a bidding advantage because of his
ownership of the access road.
Tribal representatives pointed out a desirable procedure used in the
supervised sales of allotments that they felt should be extended to the
timber sale program. This is the opportunity for an Indian owner to
accept or to refuse the price bid for his allotment after the time of
bidding. The tribe feels that the lack of this opportunity in the
contract sales of timber has encouraged Indian people to elect to have
their allotments sold under the supervised land sale program. At times
in the past, in a sale of timber, an Indian owner was asked to sign a
power of attorney before the timber has been cruised and with little or
no information on what the timber will bring. We recommend that the
same right of bid refusal be extended to Indian owners under future
Quinault Reservation timber sales.
Members of the tribe also commented adversely on one timber sale
regulation which was not specifically related to the comparison between
timber sales and land sales. This is the requirement for a bond when an
Indian is cutting timber on his own allotment. We recognize the need
for a bond in most cases; however, Indian people should be encouraged
to log their own timber stands by simplifying procedures. Accordingly,
we recommend that authority to waive the bonding requirement for special
allotment permits be delegated to the officer approving such permits.
Land Purchase and Land Use Plans
We do not intend to go into detail as the status of the land purchase
and utilization plan the Commissioner asked be adopted by the Tribe in
his 000731 letter. Suffice it to say that the result, viewed from the
Tribe's standpoint, has been an attempt by BIA to create, full-blown
plans that attempt to anticipate every contingency. The Tribe sees
these efforts and suggestions for such plans, however well intended, as
disapproval and as a negative approach to the Tribe's efforts to develop
plans. We recommend that the Bureau take the initiative in approaching
the Tribe with the view of developing simple plans that will contain the
bare essentials. The idea would be that the plans would become more
comprehensive and sophisticated as the Tribe, through experience,
recognizes the need for change. The plans would evolve into, rather
than be created, as comprehensive ones.
There will doubtless come a time when the Tribe will have to resolve
several very basic questions which may lead to modification of its
plans:
1. Can all land now in Indian ownership be retained in Indian
ownership or should only certain areas be selected for retention? The
Tribe appears to feel that with full cooperation from the Bureau of
Indian Affairs it can find the means to retain most of the land in
Indian ownership.
2. Will the economic development the Tribe desires, (fishing, clam
digging, and timber with attendant processing) with development by and
for Indians be successful, or will it be necessary to augment this with
developments that will bring an influx of private capital and
non-Indians? The pressures that will be brought for the latter type
development will depend to a large extent on the market in the next few
years for ocean-front properties
3. Can the Tribe cope with the trespass problems on the Tribal
tidelands in the way it would like to (complete exclusion of non-Indians
even though non-Indians own the upland), or will it be necessary, as a
means of control, to protect the clam beds to enter into use agreements
for the tidelands with non-Indian owners of uplands? Such use
agreements would give the Tribe some income which it could plow back
into its acquisition program and at the same time could provide
assistance from the lessees in controlling access to the tidelands.
The Future
The tribal leaders will understand that economic and social stability
now and in the future depend upon the preservation and development of
the Indian owned land and resources. The timber, beaches, lakes and
rivers and fish offer great opportunities. The Tribe has made a good
start in land use planning and should be offered every encouragement.
The new highway will bring new problems but they can be recognized and
developed into opportunities. It is important that a start be made,
even though on a small scale, where the opportunities exist.
Considerable time was spent by the task force in meetings with BIA
officials at all levels to emphasize the need for a positive and
flexible attitude in helping the Tribe in looking for ways to accomplish
its goals. We believe this attitude will be evident.
Newton W. Edwards Newton W. Edwards, Chairman
Lafollette Butler Lafollette Butler
Earl Wilcox Earl Wilcox
HEL-009-1599-1609
HEL-009-1595-1609
ASST SCTY FOR PUBLIC
680912
CORRESPONDENCE
WILCOX, E R DOI BIA PAO
IN REPLY REFER TO: Forestry 791-67 (WW.)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680912
Memorandum
To: Mr. Newton Edwards, Task Force Chairman
From: Earle R. Wilcox, Forester
Subject: Quinault Land and Timber Sales
Since writing my memorandum of 680910, I have talked to Mr. Don
Clark, Forest Manager of the Western Washington Agency. He tells me
that the present timber sale procedure is not as indicated in the next
to the last sentence on page 8. Almost invariable the allotment is
cruised and the owner informed as to its volume before signing a power
of attorney. Accordingly, to be factually correct, I suggest either
deleting the sentence or rewording it to start as follows: "At times in
the past, in the sale of timber, an Indian owner was asked to sign a
power of attorney + + + + etc."
(SGD) EARLE R. WILCOX Earle R. Wilcox Forester
cc: Chief, Branch of Forestry, Washington, D.C.
HEL-009-1610-1610
HEL-009-1610-1610
EDWARDS, N
680910
CORRESPONDENCE
WILCOX, E R DOI BIA PAO
RECEIVED
680912
IN REPLY REFER TO:
Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND, OREGON 97208
680910
Memorandum
To: Mr. Newton Edwards, Task Force Chairman
From: Earle R. Wilcox, Forester
Subject: Quinault Land and Timber Sales
The proposed task force report submitted with your memorandum of
680906 is acceptable for my endorsement. However, I have the following
suggestions for changes.
1. At the top of page 2, the coastal highway does not "go around"
the Quinault Reservation as indicated. It actually crosses the
reservation from Queets to Quinault in a westerly easterly direction.
For about 20 miles it lies entirely within the northerly portion of the
reservation. That is why I made my earlier suggestion for rewording
this portion of the report. I believe that some such wording as
indicated in my earlier memorandum should be used in order for the
report to be factually correct.
2. I feel that the addition of the proposed new paragraph under item
1, page 4, contributes nothing toward the effectiveness of the report.
The recommended procedure outlined in item 1 should be sufficient to
accomplish the desired changes.
3. I assume that all editorial type corrections will be made such as
the spelling of "accelerated" in the fourth line of page 1. Also needed
in a change from "acquired" to "acquires" in the seventh line of page 6,
and "has" to "have," fourth word of line 18, page 8.
(SGD) EARL R. WILCOX
Earle R. Wilcox Forester
cc: Chief, Branch of Forestry, Washington, D.C. w/Enclosure
THE QUINAULT RESERVATION FORESTRY PROGRAM:
A DILEMA IN RESOURCE MANAGEMENT
The decision against the Government in the case of United States v.
Tommy Payne (264 U.S. 446) resulted in the division of virtually all of
forest lands on the Quinault Reservation into small individually owned
parcels. Such fragmentation of the forested property has generated the
most complex management problem that confronts any land management
organization, either public or private. In the book entitled "Indian
Forest and Range," J. P. Kinney has stated, in effect, that the adverse
court decision removed all probability of sound management being
practiced on the forest lands of that reservation.
In analyzing the difficulty of attaining an adequate level of
management over the Quinault forest lands, one must realize that
"adequate management" has different meanings to differing people. Some
of these differing views may be enumerated as follows:
1. To each of the Indian owners of the 2500 individually owned
allotments which at one time had merchantable size timber, "adequate
management" meant the earliest possible payment in full for the total
volume of timber on his property. Each owner wanted to have his timber
logged as soon as possible and payment made at the highest possible
stumpage rate, regardless of the effect of such cutting on sustained
yield and multiple use management.
2. To an Indian fisherman who has already received payment for
timber cut from his allotment, "adequate management" may now mean the
cutting and removal of timber in a manner that will do least harm to the
fish producing qualities of the many small creeks that spider web the
forest lands of the reservation. It matters not how the extra costs of
careful stream side logging and stream clearance may reduce the stumpage
value of timber remaining on allotments owned by other Indian people.
The views of the Indian fishermen are supported by the official voice
of the Tribe itself; for the Tribe is poor in land, and is seeking to
enhance the value of the tribally owned fishery resource. The views of
the Tribe and the Indian fishermen are now supplemented by statements of
fish biologists, some of whom advocate leaving an uncut protective strip
which, in order to be wind firm, would need to range up to a quarter of
a mile in width along each stream which is determined to be important
for its contribution to the overall fishery resource.
3. "Adequate management" to a professional forester means the
perpetual even flow of logs from the forest property and the provision
of sufficient reproduction following cutting to assure the sustained
high level productivity of the forest land.
4. To the manufacturer of wood products, "adequate management" is
the supply of sufficient quantities of logs to assure the continuous
operations of his plant during the period of amortizing its original
cost over a reasonable period of years. His views will be sympathetic
to the principles of sustained yield management, provided such
management furnishes the volume of timber that is needed to supply his
continued operating needs, at reasonable stumpage prices, during the
desired period of time.
5. To the self styled "true conservationist," adequate management
means the preservation of the Indian forest primeval so that
preservationists of future generations may experience the wood decadent
wilderness that, to him, represents the true Indian Heritage.
The Bureau of Indian Affairs has considered all these views in
shaping the course of forest development on the Quinault Reservation.
Although the wishes of the individual owners have been given primary
consideration in the final determinations of the forest management
procedures, each of the other views has been provided its own day of
consideration.
During the transition period between the 400000 and 500000 decades,
the views of the preservationists were rated high enough to officially
propose the leaving of scenic strips of uncut timber along the principal
highway that provided access to two large units which were being offered
for sale in the extreme northerly part of the reservation. This
proposal would have restricted cutting in such roadside areas until
Congress had sufficient time to decide the merits of compensating the
owners for the value of timber on the strips reserved from cutting.
However, the period of moratorium on cutting these strips expired with
no indication that the Federal Government would be willing to pay for
the value of timber thereon.
More recently, the Bureau of Indian Affairs has become increasingly
aware of the effects of indiscriminate logging on the fish producing
qualities of the many miles of streams that drain the reservation's
forest lands. In 620000, the Bureau's Division of Economic Development
established a position of Fishery Management Specialist at the Portland
Area Office. One of the duties of this position was to provide advice
concerning protection and improvement of the fish producing streams.
The Bureau later initiated an effort and provided justification that
resulted in an additional Fishery Biologist being added to the staff of
the Bureau of Sports Fisheries and Wildlife. It had been decided that
the latter Bureau was better equipped overall to provide general
guidance to BIA concerning the fishery management programs on the
several important fish producing reservations in Western Washington.
During the latter part of the 400000 decade, consideration was given
to the establishment of an even flow or sustained yield rate of cutting
on the Quinault forest lands. In 470000, a proposal was initiated for
the sale of all of the remaining virgin timber on the Quinault
Reservation in one large unit under a very long term contract, with
elaborate provisions for sustained yield management. Although this plan
had the backing of the Tribal Council, it met with substantial criticism
from many of the owners of uncut allotments.
After long consideration, it was determined better to divide the
remaining uncut timber into three large units which would be sold under
timber cutting contracts ranging from 29 to 34 years in duration. Two
of these units, the Taholah and Crane Creek Logging Units, were
subsequently sold; the third, Queets Unit, was not sold as a single
logging unit. Following is a summary of the area and number of
individually owned allotments in each of the three units at the time
they were originally offered for sale:
Table not keyed see original
Following the execution of the contracts for the Taholah and Crane
Creek Logging Units, all efforts to sell the Queets Unit under a single
general contract were unsuccessful. Instead, the development of a
supervised land sales program, together with issuance of fee patents for
the individually owned allotments, has resulted in the piecemeal removal
of BIA control over a substantial portion of that unit. The removal of
restrictions in the Queets Unit has resulted in large contiguous areas
of lands being stripped of their old growth timber. Although a number
of the present logging company owners have made efforts to reforest
their lands following cutting, a casual view of these tracts from the
Olympic Highway encourages the opinion that the timber has been ravaged
and the land laid waste forevermore.
The development of the Taholah and Crane Creek Units under BIA
control has progressed in a somewhat more orderly manner. Cutting is
being done in "staggered" settings or blocks in a manner that will
permit seeds from the intervening blocks of uncut timber to be
wind-distributed in the recently cut areas. This provides a reasonable
chance for natural regeneration of the cutover lands.
To date, the owners of the many small tracts of timber in the two
units have received substantial payments for the timber cut from these
two units. Following is a summary of total volume and value of timber
cut and removed prior to 661201.
Table not keyed see original
In addition to the above total value, advance payments of $1,141,606
have been made for timber which has not yet been cut. Ninety percent of
the total of the above payments (including the advance payments) has
been credited to the owners, 10 percent has been returned to the United
States Treasury in payment for the forest management services provided
by the Federal Government.
Throughout the period of administering the cutting of timber on the
Taholah and Crane Creek Logging Units the Bureau of Indian Affairs has
received criticism from many sources. The individual owners of tracts
within the units express extreme dissatisfaction until they receive
payment in full for their timber; and even when payment is made, the
prices received are considered inadequate. To date, approximately half
of the total volume of timber on these units has been cut. The owners
of the remaining timber are critical of the delay that will occur before
final payment is made.
On the other hand, the purchasing operators have been dissatisfied
with the periodic adjustments of stumpage which have been required to
maintain prices fairly representative of the market value of the timber
being cut. In 600000, each of the two companies purchasing timber under
the two contracts first appealed and then threatened legal action over
the stumpage rates which were put into effect by the Bureau. Again, in
660000, the purchaser of timber under the Taholah Unit contract has
appealed prices which were made effective at the start of the year. In
both instances, the Government's efforts to vindicate the rates being
appealed have been time-consuming and costly. This has diverted time
that otherwise could have been used to provide better forest management
services to other Indian people in the Portland Area.
Another source of criticism of the Bureau's program has come from
Congress itself. During the period from 550000 to 580000, a
Congressional Committee strongly criticized the Bureau's management
under the two contracts. As a result, the Bureau's forest management
program on the Quinault Reservation has borne the continuing critical
scrutiny of the General Accounting Office. The Bureau has responded by
intensifying its efforts in supervising and accounting and in attempting
to maintain reasonable prices for stumpage.
The increasing emphasis directed toward preserving and bettering the
fish habitat characteristics of the many reservation streams has
resulted in the most recent addition to the criticisms directed against
BIA because of the timber cutting activities on the Quinault. The
Tribal Business Committee, joined by representatives of the Bureau of
Sports Fisheries and Wildlife, has decried the past lack of care in
stream-side logging. It is ironical that the critical reports prepared
by the Sports Fisheries Biologist do not mention that it was BIA's
initiating effort that made it possible for BSF&W to undertake its
review of the Western Washington Indian fishery program. Nor do the
reports indicate that the purpose of BIA's initiating effort was to
obtain directly the constructive advice which would permit personnel in
BIA to work toward improving conditions which were already recognized as
needing improvement. In any event, BIA has responded to the most recent
barrage of criticism by seeking more detailed advice from fishery
management people as to how best to improve the overall resource
management program. Such a program, however, must recognize the rights
of the individual allotment owners, the value of whose timber will be
substantially reduced by additional costs incurred in logging
activities.
In an effort to obtain a well-balanced resource management program,
BIA is now proposing an objective study of the combined forestry-fishery
development program on the Quinault Reservation. To be objective, the
study must be accomplished by a completely impartial organization having
access to highly qualified experts in the fields of forest management,
fishery management and economics. The study should be completed at the
earliest possible time that funds can be made available. Tentative
discussions have been undertaken to determine whether the Fisheries
Research Institute of the University of Washington, in cooperation with
the University's College of Forestry, could provide such an objective
study.
Despite the variously expressed views of dissatisfaction with BIA's
administration of the Taholah and Crane Creek Logging Units, the program
for those areas compares very favorably with the program of
indiscriminate cutting in the area generally known as the Queets Unit.
In the latter, the large contiguous areas of logging slash which have
developed through indiscriminate cutting presenta a formidable fire
hazard. In the Queet Unit, too, the lack of control over logging
activities has resulted in the most serious abuse of fish-producing
streams. And the wholesale destruction of roadside esthetics where the
Olympic Highway crosses the area is in strong contrast with roadside
views in the more conservatively developed stands where the highway
crosses the Crane Creek Unit. Although BIA no longer has control over
cutting in most of the Queets Unit, it has been bitterly criticized for
not having maintained the controls in that unit that it has in the
Taholah and Crane Creek Units.
Throughout the continuing periods of criticism, personnel charged
with responsibility for management of the Quinault forest resources have
remained painstaking and conscientious in their attempts to provide a
well-balanced management program. Tempered by the many fires of
criticism, they have learned to live with the knowledge that whatever
their decisions may be "they will damned if they do, and damned if they
don't."
HEL-009-1611-1633
HEL-009-1611-1633
EDWARDS, N
681022
CORRESPONDENCE
HUBER, A DOI BIA
Forestry 621012
Hon. Warren G. Magnuson United States Senate Washington, D. C. 20510
681022
Dear Senator Magnuson:
Your communication of 001014, enclosed a letter from Mr. Joseph B.
Commers, Seattle, Washington, regarding a timbered allotment on the
Quinault Reservation, Washington, belonging to his wife (Dorothy J.
Wilson).
Since individual land and timber contract records are maintained in
our field offices, we are asking our Portland Area Director to check
with the Western Washington Agency, and to provide you direct, available
information about the timber situation on this allotment.
Mr. Conner's letter is herewith returned.
Sincerely yours,
(Sgd) Albert Huber Acting Deputy Assistant Commissioner
Enclosure
Portland Area Office: Response must be made within two weeks of the
date of this letter. Provide this office two copies of your response.
Surname Forestry Chrony Mailroom Chrony 300 Holdup
RKEly/SMCrosby:bar-681018
HEL-009-1634-1634
HEL-009-1634-1636
MAGNUSON, W G US SENATE
681014
CORRESPONDENCE
MAGNUSON, W G US SENATE
United States Senate 681014
Respectfully referred to
Department of the Interior Bureau of Indian Affairs for such
consideration as the communication herewith submitted may warrant, and
for a report thereon, in duplicate to accompany return of inclosure.
By direction of
Magnuson WARREN G. MAGNUSON, U. S. S. WGM:Butz
HEL-009-1635-1635
HEL-009-1634-1636
DOI BIA
681207
CORRESPONDENCE
CONNORS, J B
Seattle 98178
Washington Office
621021
6218
Dear Senator
As one of your constituents and admirers I have been scratching your
back for years now I would like you to reiprocate okay?
To wil: my wife is part Indian and has a timber allotment on the
Quinault reservation (the number is mislaid) but because of the apparent
aparty of the "Bureau of Indian Affairs" resent had a timber payment for
over 20 years.
So will you kindly build a fire under that moriband department and
please one of your voters, thank you.
Yours for re-election
Joseph B Connors
nee Dorothy J. Wilson.
HEL-009-1636-1636
HEL-009-1634-1636
SENATOR US SENATE
680828
CORRESPONDENCE
WILCOX, E R DOI BIA PAO
IN REPLY REFER TO: Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680828
Memorandum
To: Mr. Newton Edwards, Task Force Chairman Mr. LaFollette Butler
From: Earle R. Wilcox, Forester
Subject: Task Force Report
Attached is a revised first draft page of the portion of the proposed
report which I transmitted with my memorandum of 680808. I believe that
it is necessary to include the additional sentence concerning the cut on
the Crane Creek and Taholah Logging Units in order to establish the
perspective of the new timber sales in relationship to the entire timber
cutting activities.
Also attached is a copy of page two of my previous draft on which I
have made corrections to reflect three additional special allotment
permits approved this week.
(SGD) EARLE R. WILCOX Earle R. Wilcox Forester
Enclosures
cc: Chief, Branch of Forestry, Washington, D. C.
HEL-009-1637-1637
HEL-009-1637-1643
EDWARDS, N BUTLER, L
680826
CORRESPONDENCE
EARLE
680826
Perry:
This is a rough draft of the portion of the Task Force report which I
agreed to prepare. I'm sure that newt will rework this in order to fit
it most appropriately into the overall report. Originally we had
planned for the report to be about six pages in length. The way it
looks now it appears that it will be closer to 10 pages by the time it
is completed.
Earle
ROUGH DRAFT ERWILCOX:bjj 8-26.
Provisions for the sales of both tribal and allotted timber, without
requiring the sales of land, are contained in the General Forest
Regulations (25 CFR 141). On the Quinault Reservation, such sales are
normally accomplished under either one of two general procedures. These
are, (1) timber cutting contracts, and (2) special allotment permits.
In the former, timber is sold to purchasers under competitive bidding
procedures. The purchaser acquires only the right to cut and remove the
timber under the supervision and control of the Bureau of Indian
Affairs.
The second procedure is one in which a special permit is issued to
allotment owner, provided there is a single owner. Normally the owner
then negotiates for the sale of the timber to a logging operator who
will cut and remove the timber and will pay the owner directly for the
value of the stumpage. In some instances, however, the Indian owner
elects to log the timber himself. By doing so he obtains the income
derived from the logging enterprise in addition to the stumpage value.
During the three calendar years from 650000 to 670000, inclusive, six
new timber cutting contracts were executed. The total volume cut under
these contracts was 8,690 M board feet; the total stumpage price paid
was $166,573. Special allotment permits were issued on 28 allotments.
The total volume included under these latter permits was estimated as
38,310 M board feet, with a stumpage value of $714,229. In addition,
414,276 M board feet valued at $6,024,905 was cut on the Crane Creek and
Taholah Logging Units, the two long term cutting contracts which, have
been in effect since the early 500000's.
During the same three-year period 52 allotments, with a total sales
price of $1,770,628, were sold to non-Indians under the supervised land
sale program. Fee patents were approved on 28 allotments.
Thus far in 680000 no contract sales have been made on the Quinualt
Reservation although one is planned for the early future. Eleven
special allotment permits have been issued during this period. These
had a total estimated volume of 16,479 M board feet with a value of
$442,712. Only one allotment has been sold this year to non-Indians
under the supervised land sale program. One fee patent has also been
approved.
Most of the remaining uncut old growth timber lies in the northwest
portion of the reservation in the area generally known as the Queets
Unit. This area, which originally included a total of 568 allotments,
now has only 71 trust allotments with merchantable timber. Generally
speaking, these are scattered, either singly or in small groups of two
to four allotments, throughout the 45,000-acre unit.
Tribal representatives pointed out that sales of timber only have
been limited by certain regulatory requirements, by restrictions on
access and by certain Bureau procedures. 25 CFR 141.19(c) which covers
special allotment permits specifies that such permits may be issued to
the sole beneficial owner of an allotment. Most of the remaining trust
allotments in the Queets Unit are in multiple ownership. This now
prevents the issuance of special permits on most allotments unless the
owners agree to consolidate their interests into a single ownership by
deed.
Fortunately the Bureau has already moved to remedy this situation.
The Federal Register for 680821 contains a proposed amendment to 25 CFR
141.19(c) which will facilitate the issuance of special allotment
permits on multiple ownership allotments.
A second regulatory requirement which the Tribe feels encourages
Indian owners to sell their allotments as well as the timber is the
provision of 25 CFR 141.18. This requires a deduction equal to 10
percent of the gross amount received from the sales of timber made under
cutting contracts unless the sale requires little administrative
expense. In sales of both timber and land made under the supervised
land sale program, only a relatively small service fee is charged.
Thus, under these latter sales the Indian owner receives virtually the
full price paid for timber, plus the amount paid for the value of the
land itself.
The statutory authority under which fees are charged for services
performed in managing Indian properties gives the Secretary of the
Interior discretionary authority to charge reasonable fees. Obviously
this authority has not been exercised in a like manner throughout the
full range of services performed for Indians.
Recently, the Department has been resisting pressures by both the
General Accounting Office and the Bureau of the Budget to charge the
Indian owners for the full cost of administering their respective forest
management programs, including the apportionment of Area Office and
Washington Office costs. Because of these pressures, the Department is
now conducting an intensive study of the Indian forestry program. This
study will consider alternative methods for financing the program and
will include a detailed analysis of timber sale administrative
deductions. This study is scheduled to be completed in 681000.
Tribal representatives expressed the opinion that lack of adequate
Foderally controlled access to timber in remote portions of the area
known as the Queets Unit has tended to discourage the sales of timber in
those areas under normal timber cutting contracts. During the early
period in which a large number of the allotments in this area were sold
under supervised land sales, several timber operators built access road
systems which extended into the area. In general, the roads were
constructed across the allotments acquired under the land sales program.
In those instances, where portions of the roads croossed allotments
still held in trust, long term right-of-ways were acquired through
provisions of 25 CFR 161.
An operator who now has ownership rights in a road that extends into
a specific portion of the Queets Unit is in an exceedingly favorable
position when it comes to competitive bidding in the respective area,
either for timber offered for sale under cutting contracts or for the
purchase of timbered allotments sold under the land sale program. To
assure that prospective bidders are not denied access to timber being
offered for sale, the Bureau has obtained written consents for road use
by persons other than the owners of the access roads, prior to offering
timber for sale. The consents include statements of the costs which
third parties must pay for the use of the roads in the event that they
should be the successful bidder.
In several instances called to our attention, the indicated third
party use cost has been unreasonably high. This tends to discourage
competition and results in the Indian sellers receiving less than fair
values for their properties. It appears that this inequity applies as
much to prices received in the sales of allotments under the supervised
land sales program as it does to the prices bid when the timber is sold
under cutting contracts.
We recommend that the Bureau negotiate with the owners of access
roads in the Queets Unit to obtain third party use agreements which are
as favorable to the Indian people as is possible to obtain from the
owners of the access roads. The maximum cost for third party use of
such roads should certainly not exceed the fees which the State of
Washington charges for the use of state-owned timber access roads.
The Bureau should also carefully consider the probable advantages of
sealed bid over oral auction bidding procedures in the sales of timber
in areas where one operator has a bidding advantage because of his
ownership of the access road.
Tribal representatives pointed out a desirable procedure used in the
supervised sales of allotments that they felt should be extended to the
timber sale program. This is the opportunity for an Indian owner to
accept or to refuse the price bid for his allotment after the time of
bidding. The tribe feels that the lack of this opportunity in the
contract sales of timber has encouraged Indian people to elect to have
their allotments sold under the supervised land sale program. We
recommend that the same right of bid refusal be extended to Indian
owners under future Quinault Reservation timber sales.
Members of the tribe also commented adversely on one timber sale
regulation which was not specifically related to the comparison between
timber sales and land sales. This is the requirement for a bond when an
Indian is cutting timber on his own allotment. We recognize the need
for a bond in most cases; however, Indian people should be encouraged
to log their own timber stands by simplifying procedures. Accordingly,
we recommend that authority to waive the bonding requirement for special
allotment permits be delegated to the officer approving such permits.
HEL-009-1638-1643
HEL-009-1637-1643
PERRY
680813
CORRESPONDENCE
ANDERSON, H R PUBLIC LAND MGT
ILLEGIBLE LINE
WASHINGTON, D.C. 20240
680813
Memorandum
To: Newton Edwards, Chairman, Task Force Earl Wilcox LaFollette
Butler
From: Assistant Secretary; Public Land Management
Subject: Appointment to Task Force to study questions on timber
sales and their relations to the passage of land out of Indian ownership
on Quinault Indian Reservation
Attached are copies of self-explanatory letters from Jim Jackson,
Quinault Tribal Chairman, and Congresswoman Julia Butler Hansen and
Secretary Udall.
In accordance with the first paragraph on page 3 of Secretary Udall's
letter, with the concurrence of Commissioner Bennett, I am appointing
you as members of a Special Task Force to study the problems and prepare
a succinet report with recommendations.
This is an important matter that should be given prompt attention.
(Sgd.) Harry R. Anderson Harry R. Anderson
Enclosures
cc: The Secretary Commissioner, Bureau of Indian Affairs
NEdwards:ck
680812
HEL-009-1644-1644
HEL-009-1644-1644
EDWARD, N WILCOX, E BUTLER, L
680707
CORRESPONDENCE
UDALL, S L DOI BIA
RECEIVED
330705
680701
Dear Mrs. Hansen:
With your letter of 000528 you included a copy of a letter from
Chairman James Jackson in which he raises a number of important issues
related to the Quinault Reservation. Commissioner Bennett has provided
information with which to respond to Chairman Jackson's letter. and I
am pleased to do so as follows:
Question 1: What action has been taken by the BIA and the
Solicitor's Office to help the Quinaults develop legal procedures to
confirm Tribal title to the beachlands?
The Department agrees with Chairman Jackson that ownership of the
tidelands abutting the Quinault Indian Reservation is vested in the
Tribe. Where we and Chairman Jackson disagree -- and the tribal
attorneys appear to share our views -- is with respect to the depth of
these tidelands. In our opinion, the tidelands lie between the line of
ordinary high water and the low water line. The recent U.S. Supreme
Court decision in Washington vs. Hughes provides support for this
contention.
Chairman Jackson feels that the landward boundary of the tidelands is
not the line of ordinary high water, but the line of vegetation. He has
asked that this landward boundary be surveyed and staked. At a meeting
with Mr. Jackson in the Portland Area Office in 670000. Departmental
representatives explained that it would be impractical to stake the
boundary under our interpretation of the law because the line of
ordinary highwater does not remain constant. Rather, it is determined
on the basis of average produced by lunar cycles of 18.6 years.
Question 2: Action, if any, taken by the BIA and the Departmental
Solicitor to restrain the Santiago Realty Company from removing gravel
from the Quinault beaches and dumping overburden thereon.
Superintendent Felshaw had members of his staff make a field
inspection on this matter in response to expressions of concern from
Chairman Jackson. Utilizing the latest survey map of the U. S. Coast
and Geodetic Survey, they concluded that the gravel removal and the
dumping operation are on fee owned uplands, not on Tribal tidelands.
However, if it can be clearly shown that the Santiago Realty Company by
such activity is damaging the seaward beaches which are Indian property,
some legal action might be possible.
My assistant, Mr. Officer, spoke with one of the Quinault Tribal
attorneys after receiving your letter to learn whether he feels there is
evidence of destruction to Tribal property or trespass which would
support a law suit against Santiago. The reply was in the negative,
although the attorney indicated that he would discuss the matter with
the Regional Solicitor in Portland to see whether a tenable legal theory
could be developed upon which to base a law suit.
Question 3: Why cannot Quinault allottees contract for harvest of
their timber without agreeing at the same time to sale of their land?
Commissioner Bennett advises me that BIA timber sale programs are
designed to permit timber harvest without requiring the Indian owners to
sell or otherwise dispose of title to the land itself. However, in some
parts of the reservation, for example, the Queets area, Indian owners
sometimes find that the lack of road development makes it difficult or
impossible to sell their timber without also agreeing to sale of the
land. A single isolated tract cannot support the heavy road
construction costs necessary for timber harvest and allottees who need
money may resort to fee patents or supervised land sale in order to
obtain ready cash.
Even though the BIA does not encourage Indians to dispose of their
land, sales are evidently occurring with some frequency at the Quinault
Reservation, and I think we should take a new look at the problem there,
I am, therefore, asking Assistant Secretary Harry Anderson to set up a
small task force to study the question of timber sales and their
relation to the passage of land out of Indian ownership at Quinault.
His assistant, Mr. Newton Edwards, would be a good choice for chairman
of this task force. Mr. Edwards was one of several persons whom I named
to a special Western Washington study group in 610000.
I trust that if Chairman Jackson has documentary evidence of behavior
by local BIA officials which would seem contrary to the Commissioner's
policy, he will bring it to the attention of the special task force.
Question 4: Can the BIA work out procedures for allottees who choose
to do so to sell their land to the Tribe at less than fair market value?
Discussions have been underway for some time amont representative of
the Indian Bureau and the Indians to work out arrangements by means of
which this can be done. The BIA is now reviewing a proposed Tribal land
acquisition program which would include this procedure as one device by
means of which additional opportunities might be created for restoring
reservation land to tribal status.
Question 5: Can the BIA delay sales of Quinault allotments until the
Tribal land acquisition plan can be developed and approved?
It is my understanding that Commissioner Bennett has placed a
moratorium on land sales at the Quinault Reservation through 000930. It
is anticipated that within that time period the details of the Tribal
land acquisition program can be completed and the Indian Bureau can give
its approval to such a plan.
We hope this information will be helpful to you in responding to
Chairman Jackson's letter. If I can be of further help, please let me
know.
Sincerely,
(sgd) Stewart L. Udall Stewart L. Udall Secretary of the Interior
Honorable Julia Butler Hansen House of Representatives Washington, D.
C. 20515
Copy to: Assistant Secretary Anderson Commissioner Bennett Dale M.
Baldwin, Portland BIA Office Files Chron.
JEOfficer/emd
BIA Copies: 350 - incoming Commissioner's Reading File 330 Mailroom
chron.
QUINAULT RESERVATION
Information obtained by telephone conversation with Portland
Assistant Area Director Galbraith. 680621 by Corke for J.E.O
650701 to Date
Supervised Sales to Non-Indians
56 parcels 3,828.4 acres $1,861,745.39
Negotiated Sales in Trust to Individual or Tribe
8 parcels 468.95 acres $460,586.24
Fee Patents to Indians
27 parcels 2096.85 acres + $686,144.00
Fee Patents to Non-Indians
27 interests
HEL-009-1645-1649
HEL-009-1645-1649
HANSEN, J B HOUSE OF REP
680612
CORRESPONDENCE
GALBRAITH, A W BR OF ECONOMIC DVLP
RECEIVED
680617
IN REPLY REFER TO:
Economic Development
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680612
Commissioner of Indian Affairs Washington, D. C. 20242.
Attention: Branches of Forestry and Credit
Sir:
We have learned informally that the Quinault Tribe has forwarded a
copy of a draft of a proposed "Plan of Operations of the Quinault Land
Enterprise" to its attorneys in Washington, D. C. for review.
As you will note from the enclosed copy of Mr. Gordon's letter of
000603 to the Quinault Business Committee this is a preliminary draft,
prepared by the Hoquiam Field Station from sample plans, and has not
been reviewed by this office. However, we are presently reviewing the
draft and plan to furnish the Agency with our comments in the near
future.
We, of course, are pleased that the Tribal Attorneys will be
reviewing the draft also and will look forward to having their comments
and suggestions.
The purpose of this letter is merely to acquaint you with the status
of this proposal in the event the attorneys consult your office on the
matter.
Sincerely yours,
AW Galbraith A. W. Galbraith Assistant Area Director (Economic
Development)
Enclosure
Economic Development
680612
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Branches of Forestry and Credit
Sir:
We have learned informally that the Quinault Tribe has forwarded a
copy of a draft of a proposed "Plan of Operations of the Quinault Land
Enterprise" to its attorneys in Washington, D. C. for review.
As you will note from the enclosed copy of Mr. Gordon's letter of
000603 to the Quinault Business Committee this is a preliminary draft,
prepared by the Hoquiam Field Station from sample plans, and has not
been reviewed by this office. However, we are presently reviewing the
draft and plan to furnish the Agency with our comments in the near
future.
We, of course, are pleased that the Tribal Attorneys will be
reviewing the draft also and will look forward to having their comments
and suggestions.
The purpose of this letter is merely to acquiant you with the status
of this proposal in the event the attorneys consult your office on the
matter.
Sincerely yours,
A. W. GALBRAITH A. W. Galbraith Assistant Area Director (Economic
Development)
Enclosure
HEL-009-1650-1651
HEL-009-1650-1651
COMM DOI BIA DC BR OF FORESTRY BR OF CREDIT
680603
CORRESPONDENCE
GORDON, J F BIA W WASH AGENCY
IN REPLY REFER TO:
Administration
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Hoquiam Field
Station Post Office Bldg., P. O. Box 120 Hoquiam, Washington 98550
680603
Mr. James Jackson, Chairman Quinault Business Committee Taholah,
Washington 98587
Dear Mr. Jackson:
I have attached three (3) copies of a draft of the Plan of Operation
for the Quinault Land Enterprise. This draft is a follow-up to your
request and that of the Quinault Business Committee for assistance in
drawing up a plan of operation for the Quinault Enterprise.
We are also forwarding copies of the draft to our Everett and
Portland offices as they will undoubtedly have suggestions and
recommendations to make. When we have received your changes and the
recommendations of the Everett and Portland offices, it would be
desirable to sit down and incorporate the changes and discuss the plan
of operation and how it will function in meticulous detail.
We will be working with Mr. DaLa Cruz as he reviews the draft. If
you should wish to discuss the plan with anyone from this office, the
Everett office or the Portland office before making your changes, I will
try to arrange the meeting pursuant to your request.
Sincerely yours,
John F. Gordaon John F. Gordon Assistant Superintendent
Attachments: 3
Draft
PLAN OF OPERATION OF THE QUINAULT LAND ENTERPRISE
PLAN OF OPERATION OF THE QUINAULT LAND ENTERPRISE
TABLE OF CONTENTS
SECTION A - Identity
Table not keyed, see original
PLAN OF OPERATION OF THE QUINAULT LAND ENTERPRISE
SECTION A - Identity
1. NAME
The official name of this enterprise of the Quinault Tribe of
Washington shall be the Quinault Land Enterprise hereinafter referred to
as the Enterprise.
2. LOCATION
The Enterprise is to be located on the Quinault Indian Reservation,
with headquarters and mailing address at Taholah, Washington.
3. DEFINITIONS
Wherever the following terms are used herein, they will have the
meanings indicated:
(a) SECRETARY means the Secretary of the Interior.
(b) COMMISSIONER means the Commissioner of Indian Affairs.
(c) AREA DIRECTOR means the Officer in Charge of the Area Office of
the Bureau of Indian Affairs under which the Western Washington Indian
Agency is placed for administrative purposes.
(d) SUPERINTENDENT means the Officer in Charge of the Western
Washington Indian Agency.
(e) AGENCY OFFICE means the headquarters offices of the Western
Washington Indian Agency.
(f) TRIBE means the Quinault Indian Tribe of Washington.
(g) BUSINESS COMMITTEE means the governing body of the Quinault Tribe
of Washington consisting of 8 members elected in accordance with bylaws
of the Tribal Council of Indians of Quinault Indian Reservation, dated
220824 and recertified 650522.
(h) BOARD means the Board of Directors appointed in accordance with
Section B, 2 listed below.
(i) ENTERPRISE means the Quinault Land Enterprise.
(j) PLAN means the Plan of Operation of the Quinault Land Enterprise.
CORRECTION
The preceding document(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
SECTION D - Methods of Business
Table not keyed, see original
PLAN OF OPERATION OF THE QUINAULT LAND ENTERPRISE
SECTION A - Identity
1. NAME
The official name of this enterprise of the Quinault Tribe of
Washington shall be the Quinault Land Enterprise hereinafter referred to
as the Enterprise.
2. LOCATION
The Enterprise is to be located on the Quinault Indian Reservation,
with headquarters and mailing address at Taholah, Washington.
3. DEFINITIONS
Wherever the following terms are used herein, they will have the
meanings indicated:
(a) SECRETARY means the Secretary of the Interior.
(b) COMMISSIONER means the Commissioner of Indian Affairs.
(c) AREA DIRECTOR means the Officer in Charge of the Area Office of
the Bureau of Indian Affairs under which the Western Washington Indian
Agency is placed for administrative purposes.
(d) SUPERINTENDENT means the Officer in Charge of the Western
Washington Indian Agency.
(e) AGENCY OFFICE means the headquarters offices of the Western
Washington Indian Agency.
(f) TRIBE means the Quinault Indian Tribe of Washington.
(g) BUSINESS COMMITTEE means the governing body of the Quinault Tribe
of Washington consisting of 8 members elected in accordance with bylaws
of the Tribal Council of Indians of Quinault Indian Reservation, dated
220824 and recertified 650522.
(h) BOARD means the Board of Directors appointed in accordance with
Section B, 2 listed below.
(i) ENTERPRISE means the Quinault Land Enterprise.
(j) PLAN means the Plan of Operation of the Quinault Land Enterprise.
SECTION A - Identity (con't.)
(k) CHAIRMAN means the Chairman or Acting Chairman of the Board of
Directors defined in (h) above.
(l) MANAGER means the Manager appointed in accordance with Section
B-4 below.
4. PURPOSE
(a) The purpose of the Enterprise shall be to promote the better and
fuller development and utilization of the resources of the Quinault
Reservation; to acquire key tracts and those held in complicated
heirship status; to improve and develop land now owned so that the
maximum benefits will be returned to the Tribe; and to expand the land
and economic base of the Reservation through longrange planning for the
future Quinault generations.
(b) To act as a broker for allottees where fractionated heirships
cause a problem in marketing their timber. The Enterprise may charge
such brokerage fees or compensation as mutually agreed upon with the
approval of the Superintendent.
(c) To construct or purchase or cause to be pruchased an industrial
complex suitable to the processing and/or manufacturing products of the
Indian forests.
(d) To equip or cause to equip said industrial complex, including the
acquisition of logging and hauling machinery and equipment appropriate
thereto.
(e) To operate said industrial complex and logging operations so as
to secure the maximum economic return from the timber resources
consistent with providing the Tribe and its enrolled membership with
education benefits, employment experience, and such social benefits as
may flow therefrom.
5. NATURE OF BUSINESS
The general nature of the business of the Enterprise shall be to buy,
harvest, sell, manage, and improve land for best interests of the Tribe
and its individual members.
6. GENERAL OBJECTIVES
In addition to the producing of income for the Tribe, the general
objectives of the Enterprise shall be:
(a) To increase and maintain an adequate Indian land base which may
be used for the social and economic advancement of members of the
Quinault Tribe.
SECTION A - Identify (con't.)
(b) To acquire and develop industrial sites, business sites,
agricultural sites, and other sites that may be used either by the
Tribe, individuals or corporate entities for future economic, social,
recreational or other utilization. To encourage industry and improve
employment possibilities for Tribal members.
(c) To purchase individual allotments in the forest areas of the
Reservation to improve management.
(d) To develop adequately sized land bases for selling or leasing to
Tribal members for economic units in conjunction with rehabilitation
type loans where determined feasible.
(e) To alleviate the heirship problems by giving preference to
purchasing of complicated multiple-ownership tracts which have
harvestable timber.
(f) To increase the income of the Enterprise lands and to purchase
income producting lands to better the financial status of the Quinault
Tribe.
(g) To afford welfare and relief to elderly and needy Tribal members
who are without income who have valuable timber or other holdings that
are not subject to early production by buying their land.
(h) To lease and develop said leased land when it is to the advantage
of Tribal lands to do so.
(i) To sell, lease and exchange lands with individual members when
this will help them in their individual enterprise.
7. HISTORY
Over the years more than 70,000 acres of Indian trust allotted lands
have been fee patented and/or sold into non-Indian ownership. The
Quinault Tribe has recognized this loss to the net area of the
Reservation and by use of a portion of its timber and other income, has
engaged in a Land Purchase Program whereby the desirable lands offered
for sale may be acquired by the Tribe.
Action to increase the land base has been the goal of the Business
Committee for many years; however, with very limited funds, there has
been more land fee patented than the Tribe has been able to acquire. It
is therefore the plan of the Business Committee with this enterprise to
stop the loss of lands and start an increase in the Tribal land base.
SECTION A - Identity (con't.)
8. GENERAL POWERS
Enterprise, subject to any restriction contained in the Constitution
and laws of the United States, or in the bylaws of the Tribe, or in this
Plan of Operation, shall do and perform every act and thing whatsoever
which it shall deem necessary, expedient or advisable to carry out the
Purposes and Objectives of Enterprise and the provisions of this Plan of
Operation. Without limiting the generality of the foregoing, the
Enterprise shall have the power to obtain capital from the Federal
Government and from one or more responsible financial institutions or
individuals or entities, foreign or domestic, and to negotiate and enter
into security agreements with such financial institutions, individuals,
entities, and the Federal Government for repayment thereof; to act as a
broker for allottees where fractionated heirships cause a problem in
marketing their timber; to negotiate and execute contracts for
management services; to construct, or cause to be constructed, to
purchase, or cause to be purchased, to equip, or cause to be equipped,
and to operate, or cause to be operated, an industrial complex suitable
to the manufacture of forest products from the Indian forest; to enter
into formal agreements with the Tribe for the purchase of Tribal timber,
with Indian owners for the purchase of timber upon allotted lands, and
for the purchase of other timber within the Reservation, to buy, sell or
lease property; to exercise such further powers, not inconsistent with
law, as may be necessary to the conduct of the business of Enterprise.
SECTION B - Management
1. POLICY
The general policies, objectives, scope and procedures for the
Enterprise shall be determined by the Business Committee. All policies
will conform to laws and measures in the public interest. Policies
should be expressed in writing and precise wording that may be fully
understood by members of the Tribe; however, (if the Business Committee
decides certain policies should be confidential, it may so classify them
and restrict their distribution. Implied policies (unwritten) will be
kept to a minimum.
"This Plan of Operation shall be the basic policy and procedural
document for the Enterprise."
"Policy requires managerial action to be useful. The Board of
Directors shall be the executive arm of the Business Committee and shall
have full authority to interpret and carry out the policies of the
Business Committee with respect to this Enterprise."
"All authorities of the Business Committee applicable to the conduct
of this Enterprise are hereby delegated to the Board of Directors except
as specifically reserved to the Business Committee herein. In case of
doubt, or when deemed advisable, the Directors may refer actions to the
Business Committee for approval."
"Except as expressly provided herein, the Directors are authorized
and directed to devise and adopt specific procedures and methods
necessary to implement the policies of the Business Committee applicable
to the Enterprise."
"It shall be the Policy of the Enterprise to further the Indian cause
in utilization of the land, labors and monies by delineating "Indian
Preference", whenever such labors and funds are available."
2. BOARD OF DIRECTORS
Responsibility for land activities shall be vested in a Board of
Directors of five (5) members selected and appointed by the Business
Committee.
(a) SELECTION AND APPOINTMENT
The selection and appointment of Board members may be from either
members of the Tribe or non-members of the Tribe who are interested in
the economic and social development of the Tribe and its membership. No
more than two Board members may be non-members of the Tribe. At least
one member of the Board of Directors shall be a member of the Tribal
Credit Committee providing one is established.
SECTION B - Management (con't.)
(b) TERM OF OFFICE
The term of office of the Board members shall be three years, after
the initial appointment which shall be as follows:
One (1) Board member One (1) year
Two (2) Board members Two (2) years
Two (2) Board members Three (3) years
(c) RECORD OF APPOINTMENTS
A record of all appointments to the Board will be furnished the
Superintendent and the Area Director.
(d) OFFICERS
Following the appointment of the Board, the members shall select a
chairman from among themselves and a Secretary from within or without
their membership. The Chairman and Secretary will perform duties
customary to their offices. In the absence of the Chairman or
Secretary, the members present will select a temporary Chairman from
among themselves and a temporary Secretary from within or without the
membership.
(e) RECORD OF MEETINGS
The Secretary will keep, or cause to be kept, a complete and accurate
record of all meetings, copies of which will be furnished the
Superintendent, Area Director, and Business Committee.
(f) QUORUM
Four (4) members shall constitute a quorum. A majority vote of at
least three (3) members shall be required in order for any action of the
Committee to be effective.
(g) TEMPORARY MEMBERS OF THE BOARD OF DIRECTORS
Enterprise business must continue without undue delays during absence
of regular Committee members. In order that a quorum may be available,
the Business Committee Chairman or the Acting Business Committee
Chairman is empowered whenever necessary, to act as a temporary member
of the Committee, and/or to appoint up to two (2) other members of the
Business Committee to act as temporary members of the Board during
executive sessions only.
(h) SUSPENSION AND REMOVAL
The Business Committee may suspend a Board member for cause. Notice
of such suspension, including a clear and concise statement of the
charges resulting in the suspension, will be forwarded to the suspended
member by "Registered Mail" with a copy to the Superintendent. Such
member will have
SECTION B - Management (con't.) thirty (30) days from the date of the
notice to request a hearing before the Business Committee. The hearing
will be held at the next regular or special meeting of the Business
Committee after receipt of request for hearings. The decision of the
Business Committee will be final.
(i) VACANCIES
Appointments for vacancies in membership of the Board will be filled
by the Business Committee for the unexpired terms.
(j) QUALIFICATIONS OF COMMITTEE MEMBERS
Each member must have a reputation for industry, dependability,
honesty and integrity; be an enrolled member of the Quinault Tribe of
Washington; and at least 25 years of age.
(k) COMPENSATION
Compensation of Committee members and of the Secretary, if appointed
without the membership of the Committee, shall be determined by the
Business Committee and paid from "local" Tribal funds.
(l) MEETINGS
Regular meetings of the Board of Directors shall be held quarterly on
the third Monday in the months of 000100, 000400, 000700, and 001000.
Special meetings shall be held when business demands and requires its
attention. The number of special meetings will be kept to the minimum
necessary to conduct the Board business. Special meetings may be called
by the Chairman or upon request in writing of two (2) members of the
Board or upon request of the Superintendent. In the event the Chairman
fails to call a special meeting within five (5) days after receipt of a
written request, the other two (2) members may call a special meeting.
At least three (3) days written notice will be given of all special
meetings unless the members unanimously agree to waiver of such a
notice.
(m) SIGNATURE ON ACTIONS
The Chairman, Secretary or any other available member of the Board
may sign such papers as the Board may designate, for and on behalf of
the Board. All such authorizations shall be reflected in records of
meetings of the Board.
3. DUTIES OF THE BOARD
(a) The Board will offer to buy and consider applications for sale of
lands within or in the vicinity of the Quinault Reservation, which serve
the objectives of the Enterprise, subject to the availability of funds.
The Board with the advice of the Superintendent determines which lands
to buy.
SECTION B - Management (con't.)
(b) The Board will determine the improvements necessary to get the
best return from each unit of land.
(c) The Board will make a recommendation, both oral and written, to
the Business Committee concerning the borrowing of any funds from any
source or using Enterprise income as collateral for any loans.
(d) Take all actions necessary for the prudent operation of the
Enterprise.
(e) The Board shall work in close cooperation with the Superintendent
and Manager, if and when a Manager is considered necessary.
(f) Work out the annual budget with the Superintendent and/or Manager
for submission to the Business Committee.
4. MANAGER
(a) APPOINTMENT
At such time as the activities of the Enterprise warrants, as decided
by the Board and the Business Committee, a Manager may be employed by
the Board.
(b) CONTRACT
A Manager for the Enterprise shall be employed by the Board under a
written contract. The Manager selected and the contract are subject to
approval of the Board, the Business Committee, and the Secretary or his
authorized representative. The Manager shall be responsible to the
Board for the operations of the Enterprise. Specific conditions of the
Manager's employment including the term, amount of salary and surety
bond, leave, and amount of liquidated damages, if any, will be included
in the written contract. Premiums on the Manager's bond, if any, will
be paid by the Enterprise and be considered an operating expense of the
Enterprise. Surety bonds in favor of the Quinault Tribe shall be
satisfactory to the Board, the Business Committee, and the Area
Director. Copies of the contract shall be furnished to the
Superintendent, Area Director, and Commissioner.
(c) SELECTION OF OTHER EMPLOYEES
The Manager shall be responsible for employing, directing, trainings,
and discharging all Enterprise employees. In hiring, he shall give
preference to qualified members of the Quinault Tribe. All salaries and
wages shall be an expense of the Enterprise. The Manager may require
subordinate employees to be bonded to the Quinault Tribe. Premiums on
these bonds shall be considered an operating expense of the Enterprise.
SECTION C - Capital
1. SOURCE OF FUNDS
The capital of the Enterprise shall be composed of:
(a) Upon the creation of this Enterprise, the assets and liabilities
(Balance Sheet) will be as follows:
CASH . . . . . LIABILITIES
LAND . . . . . CAPITAL
TOTAL ASSETS TOTAL LIAB. & CAPITAL
(b) Such other funds and property as may be advanced, given or loaned
by the Tribe (which is the legal owner of the Enterprise) or from other
sources.
(c) The accumulated savings and losses of the Enterprise operations.
2. TRIBAL FUNDS
The original investments of Tribal funds and lands in the Enterprise,
as shown in a balance sheet listed above, shall be taken up on the
accounting records of the Enterprise as capital investment. This
investment shall not bear interest or provide for a repayment schedule
by the Enterprise to the general funds of the Tribe. Further advances
of Tribal funds to the Enterprise may be made on either a loan basis,
with a repayment schedule and bear interest, or be on a basis of
additional capital investment in the Enterprise. Determinations of
whether further advances of Tribal funds shall be on a loan basis or a
capital investment basis, shall be made by the Business Committee at the
time such loan or advance is to be made. If any additional capital
investment is made in the Enterprise, provision therefore shall be made
in the annual Tribal budget, which requires approval of the Secretary or
his authorized representative. Any loans made by the Tribe to the
Enterprise shall be from Tribal funds authorized for credit purposes in
the Tribe's approved budget or from Revolving Credit Funds borrowed from
the United States in accordance with 47 IAM-7 and 47 IAM-9.
3. NON-BUREAU FUNDS
Subject to the approval of the Business Committee and Area Director,
the Enterprise may borrow money from commercial or private lenders,
foreign or domestic, and pledge the income of the Enterprise as security
thereof. These funds would generally be used for long term
improvements, long term crops, purchase of land or other productive use
related to Enterprise lands. The Board will, when submitting a loan for
approval by the Business Committee and the Area Director, provide
information outlining the feasibility of such a loan specifying how and
when the loan will be repaid with interest from the revenue of the land
purchased or other Enterprise income.
SECTION C - Capital (con't.)
4. ANNUAL BUDGETS OF ENTERPRISE
Each year, not later than 000601, the Board will prepare a budget,
for presentation to the Business Committee showing:
(a) Estimated expenditures from last previous budget.
(b) Actual expenditures incurred under last previous budget.
(c) Estimated expenditures for the ensuing year.
(d) Estimated operating profit for the ensuing year.
(e) Capital investment items (separately from operating items). Upon
approval by the Business Committee and the Area Directors, the budget
will constitute the Board's authority to make disbursements thereunder.
Modifications to the budget shall require the same approvals. The Board
may not enter into any contract nor obligate the Enterprise except as
specifically authorized in the budget or by the Business Committee.
5. DISTRIBUTION OF EARNINGS
All earnings shall be closed out to a surplus account of the
Enterprise.
6. PER CAPITA PAYMENTS
No per capita payments may be made by the Enterprise.
7. TRANSFER OF SURPLUS FUNDS
It is not anticipated that the Enterprise will have funds available
for transfer to the Tribe for Tribal purposes for some time to come.
When the Enterprise does find itself where its cash position is in
excess of its needs, funds may be transferred from the Enterprise to the
Tribe's general fund to replace the capital investment of the Tribe in
the Enterprise. Any transfer of funds by the Enterprise to the General
Funds of the Tribes shall be shown in, and authorized in annual budgets
approved in accordance with subsection 4 thereof.
SECTION D Methods of Business
1. DEPOSITORY
The depository of the Enterprise shall be a separate Individual
Indian Money Account of the Western Washington Indian Agency. All
Enterprise receipts and income shall be deposited intact in the
depository of the Enterprise promptly by the regular teller (authorized
collector). All disbursements for the account of the Enterprise will be
by check. The Chairman, Board of Governors, or bonded Manager, if and
when a Manager is appointed in accordance with Section C-4.
2. RECORDS AND ACCOUNTS
Separate accounting records will be maintained for the Enterprise.
The accounting system used shall be satisfactory to the Area Director.
The Board will be responsible for maintaining, or causing to be
maintained, full and complete accounting and other records of the
operations of the Enterprise. This responsibility may be delegated to
the Manager if one is appointed.
3. AUDITS
A balance sheet type audit will be made of the Enterprise at the
close of the fiscal year by a certified public accountant which will
include an operating statement (profit and loss) and a balance sheet.
Copies of all audit reports will be furnished the Business Committee,
Superintendent, Area Director, and Commissioner. One copy will be
retained by the Board. Annual reports will be submitted in accordance
with 47IAM-11.
4. FISCAL YEAR
The fiscal year of the Enterprise shall be from 000701 to 000630.
5. INVENTORY
An inventory of the Enterprise property will be made within 30 days
after approval of this Enterprise signed by the Board, and will be the
basis from which to start accounting for the property of the Enterprise.
An inventory of all personal property shall be taken annually at the
end of the fiscal year and at such other times as may be directed by the
Business Committee.
6. TITLE
(a) The title to all lands acquired by the Enterprise shall be taken
in the United States in Trust for the Tribe or if the lands are to be
acquired in a non-Trust status, directly in the name of the Quinault
Tribe.
SECTION D - Methods of Business (con't.)
(b) Title to personal property acquired by the Enterprise shall be
taken in the name of the Tribe.
7. GENERAL LAND USE AND RENTAL POLICIES
All the lands of the Enterprise will be administered in the same
manner as other Tribal lands, except that all income from lands under
control of the Enterprise shall be placed in the depository of the land
Enterprise to be used for the purpose for which said Enterprise was
created. The Enterprise will use the services of the Bureau of Indian
Affairs in leasing lands under the control of the Enterprise. Tracts of
land under control of the Enterprise will be leased for maximum benefit
to the Enterprise; Indian operators will be given preference in
accordance with applicable regulations of the Secretary of the Interior
and instructions of the Commissioner of Indian Affairs.
8. APPRAISALS
All lands purchased or exchanged will be first appraised by the
Bureau of Indian Affairs appraisal staff, or other appraisers approved
by the Board and Superintendent. This appraisal will be used for
guidance by the Board of Directors in negotiating leases and land
transactions.
9. INSURANCE
The Board will keep all property of the Enterprise protected by
adequate insurance against loss by fire or from other hazards. The
amount and type of insurance and the company or companies writing the
insurance shall be satisfactory to the Business Committee. In the event
the Business Committee does not believe that the Board has adequate
insurance coverage, it may instruct the Board to obtain additional
insurance and the Board will comply with such instructions.
10. METHOD OF PAYMENTS
The Enterprise will be operated on a cash basis.
11. INCOME AND EXPENSES
Income received by the Enterprise from whatever source shall be used
only for the purpose of buying additional lands for the Enterprise, in
improving Enterprise lands, serving as security for non-Bureau or Bureau
loans or for other approved Enterprise purposes. This may include
buildings, such as business and industrial structures and long term
crops. All expenses involved in these lands, not otherwise provided
for, will be paid by the Enterprise such as O&M charges, engineering
services, etc. Salaries and expenses of the Board itself will be paid
from general Tribal Funds as distinguished from Enterprise Funds.
SECTION D - Methods of Business (con't.)
12. EFFECTIVE DATE
This Plan of Operation shall become effective upon approval of the
Business Committee and the Secretary or his authorized representative.
Modifications to this plan may be made as conditions warrant and all
such modifications shall require approval as outlined in this section.
HEL-009-1652-1670
HEL-009-1652-1670
JACKSON, J QUINAULT BUSINESS CM
680625
CORRESPONDENCE
CHESTER, C E BR OF FORESTRY PAO RAMIREZ, E
FORM 5 387
670400
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
CENTRAL OFFICE ROUTE SLIP
SUBJECT Portland AO ltr 681206 re: Quinault Tribe's proposed "Plan
of Operations of the Quinault Land Enterprise"
FROM (Name and Office)
Charles E. Chester, Branch of Forestry
Code 330
PHONE 33613
DATE ROUTED 680625
Route to Code 330
Released
Initial (ILLEGIBLE)
Date (ILLEGIBLE)
COMMENTS
Attn: Mr. E. Ramirez, Please call Mr. Chester (33163) for
discussion.
ADDITIONAL COMMENTS
Mr. Chester,
This is being returned at your request. We made copies & will
discuss with you at a later date.
Ed Ramirez
HEL-009-1671-1671-A
HEL-009-1671-1671
RAMIREZ, E CHESTER, C E BR OF FORESTRY PAO
680425
CORRESPONDENCE
STEVENS, G J DOI BIA
680425
Lee B. Winner, Acting Area Forester
G. J. Stevens, Forester
Washington Office inquiry on Quinault slash disposal
On 680423, Perry Skarra talked to Vic Meeker by telephone and asked
for answers to six questions. The information is needed for an
appearance before the House Appropriations Committee. Dick Ely will
call on Thursday (680425) for this.
We have consulted with people who could help us in digging up this
information. Those contacted were:
1. Mr. Don Clark, Forest Manager Western Washington Agency Hoquiam
Subagency Hoquiam, Washington
2. United States Forest Service
Mr. Andy Crooks, Timber Management Olympic National Forest Olympia,
Washington
Mr. Robert Appleby, Fire Control Region 6 Headquarters Portland,
Oregon
3. Department of Natural Resources, State of Washington
Mr. Loren Tucker, Fire Control Olympia, Washington
This memorandum has been prepared with the thought to send it to
Washington as a follow-up to the telephone conversation today.
For clarity, the question is presented and followed by the answer.
1. Question: What was the size of the last large fire on the
Quinault?
Answer: 12,000 acres. Cook Creek Fire, 410000.
2. Question: What was the size of the Raft River Fire?
Answer: 4,509 acres
3. Question: What would slash disposal cost on the Quinault?
Answer: $12 per acre.
Question: What would the effect be on stumpage rates?
Answer: There would be a reduction of $0.20 to $0.25 per M Ft. BM.
Planting would necessarily follow. This could be done at a cost of
$0.50 per M Ft. BM.
4. Question: What are other public agencies doing?
Answer: U.S.F.S
a. Olympic National Forest. They have very little coastal acreage
similar to the Quinault. In areas where it is possible, they burn.
There is a great percentage unburned.
They do plant in unburned areas with Douglas-fir at a 15-foot spacing
(200 trees/acre). There is a natural fill-in by hemlock and Sitka
spruce. They do not plant alder for nitrogen fixation nor do they
fertilize.
They have found that in their cutting blocks in the Cook Creek area
(closest approximation to Quinault) they find the water table rises and
that reforestation in these cedar areas is a problem.
b. State of Washington. The procedures involved in slash disposal
are:
(1) Trail block areas. This is scarifying a strip around the slash
to isolate it from green timber or other slash areas.
(2) Broadcast burning slash.
(3) Watchmen to prevent spreading.
Costs of slash disposal are:
(1) Trailing varies between $125 and $350 per mile depending on
terrain and fuel tonnage. No other individual item costs were given.
(2) Total costs for slash disposal:
650000; $9.58/acre average.
660000; No costs available.
670000; $10.35/acre average
(3) Extremities of slash disposal costs.
In 670000, they varied from a nominal $4.63/acre to as high as
$47/acre.
5. Question: In checkerboard area, what are others doing?
Answer: A canvass of operators located in Queets area is that they
have not and do not intend to do any slash abatement work.
A similar situation exists north of Forks, Washington, and the State
of Washington is doing the same thing with the exception of trailing.
6. Question: What are the current conclusions pro and con on slash
disposal on the Quinault.
Answer: PRO; Benefits
a. Reduction of flash fuel on block.
b. Immediate State clearance.
When clearance is given, State of Washington assumes 100 percent of
costs of suppression if fire occurs.
c. Burning is the logical method.
CON
a. Heavy fuels are never consumed.
b. Immediate burning of slash.
(1) Reduces considerably the amount of by product returns from shake
board and chip sales.
(2) Salvage operations in burned slash create numerous piles of
sawdust and shavings as flash fuels, which could be a problem.
c. In area of varied ownership where cutting is uncontrolled, slash
burning is an impossibility.
This is the current status on the former Queets Unit.
Special Note
Should it be necessary to burn, it follows that hand planting of
selected tree species must be done. The cost is reflected in reduced
stumpage in question 3.
Gregory J. Stevens
G. J. Stevens Forester
HEL-009-1672-1675
HEL-009-1672-1675
WINNER, L B DOI BIA
680416
CORRESPONDENCE
CORKE, C P DOI BIA
Forestry
680416
AIRMAIL
Mr. Dale M. Baldwin Area Director, Portland, Oregon 97208
Dear Mr. Baldwin:
Forester Arthur M. Woll of this office, will be in your Area the week
of 680422. During this period, we would like to travel to the Quinault
Reservation to assist in compiling and analysing timber management and
sales data. He will discuss the details of his visit with Area Forester
Hadley.
Sincerely yours,
(Sgd.) Charles P. Corke Deputy Assistant Commissioner
cc: Surname Forestry Chrony Mailroom Chrony 300 Holdup
AMWoll/bar-680415
HEL-009-1676-1676
HEL-009-1676-1676
BALDWIN, D M DOI BIA PAO
680401
CORRESPONDENCE
GORDON, J F DOI BIA
680401
G. H. Felshaw Superintendent
John F. Gordon Assistant Superintendent
Agreement of 680329
I am attending a copy of the Agreement of 680329 which was given to
me at the Annual Meeting of the Quinault Tribe.
As per your suggestion, I am sending a copy directly to the Area
Office for their perusal.
Sgd. John F. Gordon
John F. Gordon Assistant Superintendent
cc: PAO Forestry
AGREEMENT OF 680329
1. We, the undersigned persons, who now are, or were, or whose
predecessors in interest were, owners of trust land on the Quinault
Indian Reservation (herein we shall be called the "Allottees"), on our
own behalf and on behalf of all other present or former owners of trust
land on the Quinault Reservation, do hereby exclusively retain the law
firm of Wilkinson, Cragun & Barker of Washington, D. C. (herein called
the "Attorneys") to investigate and prosecute all valid claims against
the United States and other parties arising from the management and sale
of all lands and timber, and management of funds, held in trust by the
United States for the benefit of the Allottees.
2. The claims contemplated under this Agreement include, but are not
limited to, claims leading to money awards, such as claims for
accounting, or for refund of part or all of the 10% charges on stumpage
sales, or for damages arising from unauthorized or improvident
practices, decisions and actions by officials of the United States,
especially in the setting of stumpage prices under the various timber
cutting contracts. The claims contemplated also include attorney
services not giving rise to money awards, such as services leading to
injunctive relief, or to renegotiation, amendment or invalidation of the
current timber cutting contracts, or to changes, prospective only, in
the practices or 10% collections by government officials.
3. The Allottees shall each year elect seven members to be an
Allottee Claims Committee, and the Committee may represent and speak for
all of the Allottees in matters relating to the investigation and
prosecution of the claims under this Agreement, except as to a
fundamental question which is defined as settlement of any of the claims
by compromise, or renegotiation of the timber cutting contracts, or
major changes in this Agreement. The Allottees shall meet annually
immediately following the annual meeting of the Quinault Tribe, or on
call of the Claims Committee. Notice of the time, place and subject of
special meetings, and of annual meetings where it is believed that a
fundamental question will be discussed, shall be sent by mail to all of
the undersigned Allottees. A quorm shall be 25 Allottees, but if less
than 50% of the undersigned Allottees appear in person or by proxy, no
fundamental question shall be finally decided until approved by
referendum. A referendum shall consist of a mailing to all of the
undersigned Allottees at their last known address, a fair description of
the question, a ballot, and a request for return of the ballot. The
ballots returned to the Claims Committee within 30 days, no matter how
few, shall finally determine the question. The undersigned Allottees
agree to be bound by the decision of the Claims Committee on
non-fundamental questions, and by the decision of the Allottees, reached
at a meeting attended by at least 50% of the undersigned Allottees,
otherwise by referendum, on fundamental questions. Vacancies on the
Committee occurring between meetings may be filled by the remaining
members.
4. (a) The Allottees agree to pay the Attorneys a retainer fee of
$10,000, in advance, to be applied to legal expenses, including fees of
consultants (other than attorneys) and an additional $10,000 at such
time as the original $10,000 is exhausted (but not sooner than one
year), to be likewise applied; provided, that at the termination of
this Agreement, or the conclusion of all of the claims, if there is any
surplus over and above legal expenses (there is not expected to be any
surplus), it shall be deemed to be fees fully earned by the Attorneys
and not refundable. The Attorneys shall furnish an annual accounting of
expenses incurred under this paragraph.
(b) Whenever expenses exceed the retainers paid to the Attorneys
under the previous paragraph, the Allottees agree to promptly reimburse
the Attorneys for such surplus expenses incurred by them, upon proof of
incurral.
(c) In addition to the foregoing, each Allottee agrees to pay the
Attorneys a quantum meruit fee, which is hereby agreed to be 20% of any
proceeds (including interest) recovered by the Allottee through the
efforts of the Attorneys, whether by class action, test case,
settlement, or otherwise.
(d) It is understood that the Attorneys may in their discretion ask
the court to award a quantum meruit fee (i.e. a fair and reasonable
fee), and to assess such fee pro rate against all Allottees benefitting
from the Attorneys' efforts, including those not signing this Agreement.
In the event the court grants the Attorneys' request, the 20% fee
agreed upon herein shall not apply, and the fee awarded by the court
(not to exceed 20%) will govern. It is understood and agreed that if
the Attorneys seek a quantum meruit fee under this paragraph, they will
ask the court to hold that a 20% fee is fair and reasonable, and if the
court so finds, there would be no reduction in the 20% fee agreed to by
each Allottee signatory hereto, even though a greater number of
Allottees would be paying the said 20% fee.
(e) When and if any such proceeds become due to any Allottee, said
proceeds shall be paid to or through the Superintendent of the Western
Washington Indian Agency, and upon receipt of such proceeds, the
Superintendent shall deduct therefrom the Attorney fee provided for
under this Agreement, or the fee awarded by the court, whichever shall
apply, together with a pro rata share of any unreimbursed expenses (see
paragraph (b) above), and pay the same to the Attorneys, and credit the
balance of the refund to the account of the Allottee.
(f) The foregoing does not cover the Attorneys' compensation for
services benefitting the Allottees but not giving rise to money awards
(see paragraph 2 above). Compensation for such non-money-award services
shall be at the Attorneys' standard time rates in effect from time to
time, unless some other basis is agreed to by the Attorneys and the
Allottees.
5. The Attorneys shall have the authority to choose the method of
proceeding, whether by class action, test case, serios of cases or
otherwise, and to associate other Attorneys (at no additional cost to
the Allottees). The Attorneys shall have the authority to determine the
order in which the claims shall be presented, and to disregard claims
which prove to lack merit.
6. The Allottees hereby request the Secretary of the Interior to
approve paragraph 4 (e) of this Agreement, and such other parts of this
Agreement, including the whole, as may in his opinion require his
approval in order that this Agreement may comply with law. The
Allottees hereby consent in advance to any changes or conditions in this
Agreement made by the Secretary of the Interior which do not materially
increase the obligations of the Allottees.
7. This Agreement shall not be binding on either party until the
Secretary of the Interior has approved paragraph 4 (e) and such other
parts of this Agreement as may require his approval in accordance with
paragraph 6 above. When such approval has been granted, this contract
shall become effective as of 680329, and shall remain in force until
730331, or until the claim contemplated by this Agreement have been
concluded, whichever date shall sooner occur; provided, that if the
claims have not then been concluded, this Agreement may be extended by
the Claims Committee at the request of the Attorneys for additional
two-year periods.
8. The Allottees or the Attorneys may terminate this Agreement at
any time on 60 days notice (this being a fundamental decision for the
Allottees under paragraph 3 above); provided, that the Attorneys shall
retain any rights to compensation theretofore earned or unreimbursed
expenses incurred under this Agreement; and provided further, that if
the Attorneys terminate the Agreement, they shall refund to the
Allottees any unexpended part of the retainer received by them.
Approved this 680329.
For the Attorneys: Wilkinson, Cragun & Barker
By: A Partner
For the Allottees
1. Chairman, Allottee Claims Committee
2. Member, Allottee Claims Committee
3. Member, Allottee Claims Committee
4. Member, Allottee Claims Committee
5. Member, Allottees Claims Committee
6. Member, Allottee Claims Committee
7. Member, Allottee Claims Committee
ENDORSEMENT BY INDIVIDUAL ALLOTTEES
I hereby endorse and join in the foregoing Agreement of 680329,
between the Allottees of the Quinault Reservation and the law firm of
Wilkinson, Cragun and Barker, and bind myself, as an allottee, to the
terms and conditions hereof.
Signed Name
Printed Name
Date
Allotment No.
My interest therein %
Township Section Lot
Name of original Allottee
How acquired by me: (original allotment) (inheritance) (purchase)
(other)
No. of acres
When timber cut
My mailing address:
QUINAULT GENERAL COUNCIL MEETING Minutes 680330 Taholah School
Meeting called to order 10:40 a.m. by Chairman, James Jackson.
Invocation by Hannah Bowechop. One minute of silence to honor the
Chairman of the Makah Tribe, Quienten Markenstrum.
Chairman, James Jackson, asked each member of the Business Council
and the government officials to give reports to the Tribe. Reports were
given by the following: Ralph Capoeman, Vice-Chairman; John Shale,
Council Member; Elizabeth Cole, Council Member; Jessie Curley,
Appointed Council Member; Marian Holloway, Tribal Secretary; Joe
DeLaCruz, Tribal Business Manager; Alice Chenois, CAP Director;
Clarence Pope, Council Member; Mr. Harold Patterson, Chairman, Housing
Authority.
Government officials reports were given as follows:
Dr. Jarin: The Queets Clinic should be open this coming week and the
Taholah Clinic should be open by the 000415. We have the go ahead for
the three houses for some of our staff for next year. We hope that
those houses will be completed before 000701. We have a new doctor to
take Dr. Netzer's place and also, a pharmacist-X-Ray Technician.
Mr. Dick Havarra, Biologist; Fish and Wildlife Service: Plan to
complete the Cook Creek Hatchery buildings and the water supply from the
hatchery creek to the building. This should be completed sometimes this
summer. A couple of men will be detailed to take eggs in October.
Mr. Joe Gordon, Assistant Superintendent, Western Washington Agency,
Hoquiam Office. We have an Education Program planned for both Taholah
and Queets for this summer. We are programming 30 percent of the
Western Washington budget on the education program here on the Quinault
Reservation. There's been a significant increase in the initial
employment field. Mr. Ron Williams from the Hoquiam Office and Mrs.
Jessie Curley have co-operated and worked very closely in direct
employment and assisting those direct employment people from Taholah and
Queets over the past year. For the first time, we have Grays Harbor
College now approved for Indian vocational training. This is one of the
biggest achievements which we have had. The zoning ordinances have been
completed but we have had no approval on this yet by the Washington
Office. Approval of the Law and Order Code has done a great deal to
stabilize some of the concerns that were brought out at the previous
annual meeting. Our Washington, D. C. trip was very successful.
Charles Hobbs, Tribal Attorney: Basically our work consists of
representing your interests before Congress, before the courts of the
United States and whenever you have a claim that should be presented to
a court. Most of our work is representing you primarily before the BIA
and before the Department of Health, Education & Welfare. There are so
many Federal Services available for the people who ask for them and who
know how to ask for them. Our efforts are spent on these kinds of
programs. Jerry Strauss will give details of what we have done in the
past year in representing you to the Bureau.
Jerry Strauss: President Johnson sent a message to the Congress in
March in which he proposed to appropriate a half a billion dollars in
690000 for programs to help the American Indians. Under the President's
proposal, there will be more funds for housing on Indian Reservations,
there will be increase in funds for Indian community action programs,
and there will be more funds for Indian education; a very important
part of what the Federal Government is doing.
The greatest amount of time we have spent on one thing has been in
the aros of timber. We have intervened on behalf of the Tribe in the
case of Aloha Lumber. Company vs. Udall. This is a law suit brought on
by Aloha Lumber Corporation (Evans Products). This case will be tried
before the courts sometimes next fall.
Another major area for us, is in respect to the community action
program. There was a need during the year to have several of your
components changed and we were able to assist with this. We have spent
a lot of time on the housing.
At the last annual meeting the Tribe passed certain Zoning Ordinance
trying to keep your Reservation in the state that makes it one of the
most beautiful spots in the United States. This Zoning Ordinance is the
first that I know of that any Indian Reservation has passed. A Zoning
Ordinance that was worked out in a very professional manner with local
people and county people. The plan would be that once the Tribal Zoning
Ordinance was in effect, the county people would pass a similar
Ordinance to make sure that no one could say that this was invalid and
to make sure that there would be proper protection. The Ordinance has
been held up in the Solicitor's Office in the Department of the
Interior. From the lokks of things, the Solicitor is going to rule that
these Ordinances are invalid. So, when we get back to Washington, we
are going to fight for you and see if we can get these Ordinances
recognized by the Department of the Interior and if necessary, we will
take this before Secretary Udall. This is the kind of thing that Udall
is in favor. We can't promise you a favorable result, we do not know
what that will be, but we will fight for you.
We did a research just recently of whether the Tribe had to pay
Federal Component Taxes on payments that are made on the Community
Facilities Component under the Community Action Program and under the
Neighborhood Youth Program and the result of our research is that some
refunds will be obtained and it looks like taxes should not have been
paid on those payments.
We reviewed the study of the Taholah School that Mr. Harold Patterson
made and it is an excellent document and we have furnished this document
to various officials in Washington and we are hopeful that we will be
able to assist in obtaining a grant for the study of the Quinault
community which would be used in the curriculum of the Taholah School.
During the past year, we have spent a good deal of time on the
Omnibus Bill. It looks as if this Bill isn't going anywhere at the
present time, but it was a major piece of legislation which would
greatly change a lot of the present laws relating to Indians. We
studied and analysed this Bill and then made our recommendations to you
of what positions you should take on the various parts of it, in a very
short time, so that you were informed as to what was involved.
We did a considerable amount of work reviewing changes in the Law and
Order Code that you adopted last year, suggested by the Bureau of Indian
Affairs. This was a very heartening development for us. When the BIA
reviewed the Law and Order Code that you had passed, instead of saying
you must make certain changes; the Bureau suggested changes, gave its
views, which were worth considering. Instead of telling you what to do,
they advised you of its position. We, in reviewing this, agreed with
some of the suggestions made by the Bureau and disagreed with some of
them but the final result is a product of co-operative discussion
between the Tribe and the Bureau and the Attorneys.
The State Jurisdiction case during the past year was finally
concluded. When I came out here for the annual meeting last year, it
was still pending in the Supreme Court. We had filed a petition for
Certiorarum which means we had asked the Supreme Court to review the
decision of the Court of Appeals. You may remember we lost the case in
the Court of Appeals. The State of Washington on a very unusual
procedure agreed that the Supreme Court should hear this case because of
its importance. The Justice Department also told the
Supreme Court that this case should be heard because of its
importance, not only to you but to Indian tribes throughout the country.
For some reasons, that we do not know, the Supreme Court did not choose
to hear the case. There is no other way we can pursue this case, so it
is considered closed.
Senator Ervin's Bill S-1843, will allow the State of Washington to
give back the jurisdiction, it took over on your reservation, to the
Federal Government. The United States Attorney of the Justice
Department says that it has no jurisdiction over your reservation and
the State of Washington says the opposite. They say they do have
jurisdiction. Nobody knows who is right and it is a very difficult
situation that should be resolved and we worked very closely with
Senator Ervin to assist him in getting this Bill passed. The Bill has
passed the Senate twice and is now pending in the House of
Representatives. WE will be reporting to you on this and following it
colsely.
During the past year, we have prepared a collection of all court
cases that have ever been decided about the Quinault Tribe. This is a
very valuable document for you because here collected in one spot are
all the court decisions which define your rights as individuals and as a
Tribe.
We co-operate with your delegations when they come out to Washington
and of course, we come to the annual meetings.
Election of officers for the coming year. Phillip Martin will
conduct election. Elizabeth Cole and Martha Boyer will count the votes.
Hannah Bowochop made a motion that James Jackson be retained as
Chairman. Seconded by Anna Koontz. Motion voted on and carried.
(91-Favor, O-Opposed) J. B. made a motion that nomination be closed.
Rachel Johnson second motion, Motion carried.
Ralph Capoeman was retained as Vice-Chairman. (Favor-68, Opposed-O)
Marian Holloway was retained as Secretary-Treasurer. (Favor 82,
Opposed-O) 1st Council Member: Dave Purdy, retained. (Favor-77,
Opposed-O) 2nd Council Member: Elizabeth Cole, retained. (Favor-70,
Opposed-O) 3rd Council Member: John Shale, retained. (Favor-74,
Opposed-O)
Fred Saux nominated Herb Capoeman. Seconded by Hannah Bowechop.
Daisy Slade nominated Clarence Pope. Seconded by Mrs. Mowitch. Mrs.
Mowitch moved nominations be closed. Seconded by Daisy Slade.
(Favor-55. Opposed-O) Herb Capoeman-20, Clarence Pope-57. 4th Council
Member: Clarence Pope 5th Council Member: Jessie Curley, retained.
(Favor-71, Opposed-O) AFTERNOON SESSION, 1:35 p.m., 680330 James
Jackson: We have some items of tribal business that has to be taken
care of. One of the first things is our Attorneys Contract is running
out and it is up for renewal. I will have the Attorneys explain it
before we go on. Charles Hobbs: Under the rules of the BIA, we have to
have the contract renewed every three years and three years will be up
in 000800 so at this meeting we are going to ask you to approve it for
another three years. Aside from the extension for another three years,
there are two minor changes which are going to be made this year if you
approve them. One is to change the three year period so that it ends on
000630 instead of 000831. This doesn't make any change in the amount of
payment, it just makes a change in the time period of the bookkeeping.
The other change would be this; each year, when we send in our
vouchers, the vouchers for the fee part of it goes directly to the BIA
and they pay them. The vouchers for the expenses which is the airplane
fares to come to the meeting, taxi fares, long distance telephone.
Those expenses which are ordinary and necessary expenses; instead of
going to the BIA, for some reason they come here to the Tribe and then
it is up to the Tribe to send them back to the BIA. This has proved to
be an inconvenience and it is an unnecessary bookkeeping for you so this
change would provide that they come to the Tribe alright but they
automatically go on to the BIA, unless you have an objection. As the
fact of the matter, it is the Business Committee who reviews then to
decide whether there is anything questionable about them, and the BIA
always reviews the expenses to see if they are legitimate so there will
be no change in that procedure.
That's about all there is to it, the extension for three years, the
change in the period, and the provision for automatic forwarding of the
expense vouchers to the BIA. James Jackson: Any question? I would
strongly recommend that this Attorneys contract be renewed. These
Attorneys have given us a lot of help in a lot of different fields and
some of the programs that we have going now could not be done without
the help of our Attorneys.
Phillip Martin made a motion that we extend the Attorneys Contract.
Seconded by Joe DeLaCruz. Motion voted on and carried. (Favor-54,
Opposed-0) James Jackson: We have another Attorneys contract. The one
that was discussed by the Allottee last night to approve and to obligate
the Quinault Tribe of Indians. We have to have the approval in the
Tribal meeting. Charles Hobbs: Last night the Allottees met to
consider hiring us to proceed and investigate and prosecute claims
arising out of the timber operations conducted by the BIA. Most of you
were here last night. The matter was discussed and it was decided by a
very high gross to go ahead and authorize us Attorneys to investigate
and prosecute the claims. The Allottees have spoken, they have voted to
say that we should go ahead. They will prove their vote by individually
signing copies of the contract. Each Allottee who owns an allotment, or
part of an allotment, who wants to sign this contract should do so
either today or send in his signature form to Joe DeLaCruz, who will
collect them and send them on to us. We in turn, will attempt to get
this contract, or parts of it, approved by the Secretary of the
Interior. Assuming that the initial retainer fee of $10,000 is put up
and assuming that a sufficient number of people do sign the contract and
then we will began to investigate the case and to hire a timber expert
to look into it very carefully. Probably to file legal proceedings to
recover the 10 percent charge that have been charged and to investigate
any other claims that may come up. This is the Allottee who have spoken
and who are expected to consider and sign the contract. Today, you are
not meeting as the Allottees but as the Tribe. The Tribe also owns some
timber which is involved in this claim. Like the Allottee, the Tribe
has paid 10 percent deductions when it has sold stumpage. So today the
question for you, sitting as a Tribe, is whether the Tribe wants to sign
this contract.
Attorney read contract to members (Refer to contract). James
Jackson: Any discussion on this? Fred Saux: Is there a chance that
this contract will effect other Tribes? James Jackson: Yes. This
will, if we win the case, effect any tribe who is receiving a 10 percent
deduction from timber sales. Is that right, Charlie? Charles Hobbs:
Yes. But as to the stumpage price adjustments it would effect only the
allotments on the Quinault Reservation, probably mostly Taholah and
possibly Crane Creek Units. Clarence Pope: Just how do we go about
paying for our share of the lawyers' fees? Charles Hobbs: There is
three types of fees. First, the retainer fee for expenses. It is not a
legal fee, it's an advance in expenses. The other would be raised by
the Allottees and the Tribe would be just one more voice among several
hundred Allottees. As I understand correctly, the money will come from
several Allottees who will advance it on behalf of all the Allottees.
As I understand, exactly what is done by the Allottees is up to them;
and if that is what is done, the Tribe will not have to put up anything.
The second kind of fee is the 20 percent fee. If the Tribe would
recover $100,000, then $20,000 would be deducted for the Attorneys' fee
just like all the other Allottees. The third kind of fee would be like
if we get a substantial benefit for the Allottee and the Tribe; but
certainly no money benefits, but benefits that work in the future. Then
there is noting out of which an Attorney fee could be paid, therefore,
the ordinary standard hourly rate clause applies and that would be
charged to all the Allottees equally just like the $10,000 retainer
would be.
Does that answer your question?
John Shale made motion Tribe retain Wilkinson, Cragun & Barker and
extend contract for three years to work with Timber Claims Committee.
Second by Daisy Slade. Motion voted on and carried. (Favor-59,
Opposed-O) James Jackson: Attorneys have asked that when this motion is
adjourned that there be a short meeting of the Allottee Claims
Committee.
The next thing we have is a discussion and explanation of the P. L.
874 money, Federal Aid to Education. There is some actions I think we
should take on this. Mr. Patterson.
Harold Patterson: To introduce the topic which Jim has mentioned to
you, Public Law 874 funds are funds that are paid by the United States
Government to a school district to educate children who live on, or
who's parents work on federal land. In this case nearly all of our
children and their parents reside on federal land and most of the
parents work on federal land. Because the school district cannot tax
this land, like other districts can tax their land, the Federal
Government pays money to this district in order to operate the school.
It comes in place of local taxes. Now we have very good relationships
with Mr. Bruno, the State Superintendent of Public Instruction. He has
actually nominated this school for natural honors and so it is not a
question that we have enemies in the state office but through some
political manouvering the state has adopted a policy which takes this
money away from the school districts in sort of a backdoor way. I want
to explain to you why we need this money and then just briefly what the
state is doing to relieve us of it. Take it away from us. This little
school has 128 children in it which starts at three years of age and
goes through the sixth grade. The state average per pupil costs per
year to educate children is around $600. We spend $900 per pupil to
educate our children here and we do not apologize for that because we
believe that Indian children have special needs in learning the types of
things that are taught in schools. Most of the types of things come
from the non-Indian culture. If I were in a school where only Indian
culture was taught, I would be a slow learner too; and I have been in
the respect of learning some things that is very easy for you folks as
Indians to know and so we spend this money on the children in the
school. We believe that it is well spent. We have our nursery school,
kindergarten; we have extra teachers so that there will be fewer
children per teacher in the classroom. We serve a free lunch everyday
to every child. We have teachers aides, some of who are paid by the
district and some are paid by the CAP, under the MYC. We have a
secretary and we have a remedial reading program and an evening study
hall and we furnish our own transportation for the students to go to
Moclips. This costs us nearly $41,000 above what it would cost to
operate a normal, or shall I say a minimum one through sixth grade
program. Now that $41,000, now there are federal funds and some state
funds available for special programs but they only come to around
$15,000 and so your local school district is having to pay around
$25,000 of this money for these extra programs as a local tax burden.
Now P. L. 874 funds this year, provided $23,000 to support the types of
program which we think should be operated here. The State of Washington
because we are getting this $23,000 has a formula whereby they have
reduced our normal funds that we would get from the state by $13,000;
and, say, that we get $23,000 but the state gets $13,000 of it and we
get $9,000. We have felt that this is wrong. There are other districts
in the state, even those that don't educate Indians, such as those
around Fort Lewis and the Bromorton Navy Yard. The one school district
near Fort Lewis wont broke in part because of the policies of the state
in taking away this money that has to do with federal connected
children. Now, Mr. Jackson has taken this problem to heart and he has
been in a position to do something about it. I was permitted, at his
invitation, to report to the Governor's Council of Indian Affairs in
Olympia about two weeks ago and there was some people there who were
quite interested in this and Senator Bob Bailey among them and Mr.
Bruno's representatives. It was pointed out that through our Attorneys
we were able to keep tabs with what is happening in other parts of the
country. In Virginia, the federal courts have outlawed a similar action
by the State of Virginia in taking money away from the local school
districts simply because they are getting federal funds for their
operations. So we believe that we are getting to the place where
something will be done to alleviate this problem. We believe that this
is wrong for the state to reduce their allotments. You folks who live
here in Taholah have been asked, from year to year, to vote for special
levies to raise extra tax money in order to carry the extra burden that
is partly created by this action of the state and because you have done
that we have been able to continue with the program we have here in
school as we have in the past. We will probably have to continue to ask
for special levies to do this until we do got relief from other sources
to continue our regular program. Mr. Straus told me last night that the
Governor of Virginia where this action was outlawed has decided not to
appeal the action of the federal court and so in effect we have a
federal court decision that says it is wrong to do what the State of
Washington is doing. I just came from a conference with two gentlemen
from Washington, D. C.. I told them essentially just what I am telling
you now and they are going to take some kind of action in support of
this too. This has been a long report but it is a complicated matter.
In summary, it illustrates the fact that if your tribal leaders, your
school board and myself, as school administrator and the BIA and our
Attorney work together that we can be heard even though we are small.
People will listen to what we say, especially when we are right. Is
there any questions? Well, I think I will close my report.
James Jackson: I think we will have Jerry Strauss explain that
federal court decision on the State of Virginia.
Jerry Strauss: Mr. Patterson has covered that pretty well but I will
just mention a few more details about it. The decision of the federal
court was handed down on 680206. It was not an ordinary district court,
it was a three judge court. A special court consisting of district
court judges and a judge from the Court of Appeals. A decision of a
three judge court is a better precedent than a decision of just a single
district judge. It means that three federal judges, one of them a judge
of the Federal Court of Appeals has decided that this practice that Mr.
Patterson described is unlawful. Since the Governor of Virginia has
decided not to appeal the case, it is a very significant precedent
against the practice that Mr. Patterson was talking about. The practice
of deducting state funds where the P. L. 874 funds have been made
available.
Incidentally, the case in Virginia did not involve Indian land, it
involved local taxpayers in the City of Norfolk and County of Fairfax.
This was a military district that was involved in that case. I
understand that an action has been filed in the Federal Court of
Washington of a similar nature so this means that there is a very
significant precedent for the federal court here in Washington. Is this
also a three judge court? James Jackson: I'm not sure. Jerry Strauss:
I would think it may be a three judge court but whether it is or not,
there is now a very significant precedent to guide the federal judge in
the case you have here in Washington. And I know that Jim will want to
talk to you about the possibility of the Tribe filing a Statement of
Position in support of the plaintiffs in that case. In other words,
complaining yourselves about the deductions that have been made from
your school district here.
James Jackson: The case that has been filed in Washington in the
federal district courts was filed by persons from Bremerton. Bremerton
Navy Yard is really affected by this formula of withholding state funds
from federal impact areas. As you know, in accordance with our Bylaws,
the Business Committee acts on instructions from the General Council. I
think that you people should instruct the Business Committee to have our
Attorneys file a brief in this case. I have talked to the Yakima's and
the Makah's and they say if we will they will also file briefs in
support of this case in the federal district court to ask the judge that
the withholding of state funds to federal impact school districts is
illegal. Our Attorneys will prepare the papers and we will need tribal
approval first. If you people are interested in trying to get the funds
that should be available to the Taholah School, you will support this.
Francis McCrory made a motion that the Tribe instruct our Attorneys
to file a brief pertaining to P. L. 874 moneys. Rachel Johnson seconded
the motion. Motion voted on and carried. (Favor-70, Opposed-O) James
Jackson: Now we have another case that affects the Quinault Tribe of
Indians in the Grays Harbor County Court. This case was brought by
Arnold Polson, who is a fee patent landowner on the reservation, against
the county Assessor, Bud Lindsey. Mr. Polson asked, and the court ruled
in his favor, that Rayonier, Inc. and Evans Products should have to pay
county tax on felled and bucked timber and on the roads and on the net
worth of the contract. Now since the court ruled in the favor of
Polson, Rayonier has filed a suit asking that this be reversed because
for one thing, the roads are on federal trust property. The felled and
bucked timber, as I understand it does not belong to Rayonier, Evans, or
to any logger until it is trucked and scaled and that is the important
part, "and scaled". This is in the Court of Federal Regulations. So
this timber should not be taxed because it still belongs to the allottee
and not to the firm or logging company and the roads are on trust
property. There is an allowance in the stumpage rates to pay for the
building of these roads, therefore, the company did not pay for the
building of them but I did and you did and anybody who has an allotment
on this reservation paid for those roads and the roads do not belong to
those logging companies. They are there for their use during the life
of the contract and when the contract is over they revert to the United
States for the use and benefit of the Quinault Tribe of Indians. What I
am asking now is practically the same as I asked on the other one that
you people instruct the Business Committee to file a State of Fact
before the court, stating the position of the Quinault Tribe. One, that
felled and bucked timber is not taxable because it does not belong to
the company until it is scaled. The roads on trust property are just
exactly that, they are trust property, they are not the property of the
logging company: therefore, they are not taxable. As far as the net
worth of the contract goes, there is quite some doubt just exactly how
good that contract is as far as we're concerned. Are there any
questions? Well, I think you should instruct the Business Committee to
have the Attorneys file a Statement of Fact stating the position of the
Quinault Tribe, that it is not legal to tax trust property.
Helen Mitchell made a motion that the Tribe instruct the Business
Committee to have the Attorneys file a Statement of Fact stating the
position of the Quinault Tribe, that it is not legal to tax trust
property. Seconded by Rachel Johnson. Motion voted on and carried.
(Favor-67, Opposed-0) James Jackson: Next we have the Housing
Authority. As you know, the Housing Authority on the reservation is
elected by the Tribe. There are three members. Harold Patterson,
Charles McBride and Elizabeth Cole, and their terms expire 680701. It
will be necessary to re-elect those three people or to elect someone
else in their place, whatever is your pleasure. Floor is now open for
nominations for the three positions, Mr. Patterson, Mrs. Cole and Chuck
McBride.
Martha Boyer made a motion that we retain all three people. Daisy
Slade seconded the motion. Motion voted on and carried, (Favor-66,
(Opposed-0) James Jackson: The next subject we have is on the river.
The gravel bar that has built up and these snags in the river should be
drodged out after blueback season and there are two possibilities. One
is the state highway people and the other is Evans Products. I think
the Business Committee can make a deal with one of those people to
drodge it to an average depth and to clean out everything that is in
there. I think this should be done after the fishing season is over, so
we won't have this problem in the future and I think this should be
done. Is there any discussion on this?
Horton Capoeman made a motion that we allow the Business Committee to
negotiate for the sale of this gravel. Seconded by Daisy Slade. Motion
voted on and carried. (Favor-59, Opposed-0) James Jackson: The next
thing we have on the agenda is the clam beach and the absentee
assignments of fishing locations and I believe we should appoint, or
elect, a five member committee to come up with regulations and the
enforcement of them and to report back to the Tribe within 60 days. I
believe this is a must. Of course, I want to impress on everybody about
those outside clam diggers and these people who are coming in here and
digging clams on our beach. I want to point out that most of the
outsiders who are digging clams on our beach are brought in here by some
of our own members and I don't think these people have too much thought
coming: however, I recommend that a five man committee be appointed to
take care of this matter and report back to the Tribe with suggested
regulations within 60 days. Always subject to change by the Tribe.
Francis McCrory made a motion that the Chairman and the Business
Committee appoint a five man committee to bring up to date the rules and
regulations on the clam beach and river. Rachel Johnson seconded the
motion. Motion voted on and carried. Phillip Martin: Hannah Bowechop
mentioned hunting regulations, I think that should be included. James
Jackson: That should be included, right.
Next thing I want to talk about is the plans for the coming year.
One of our biggest problems is land sales. We have worked on this in
the past and we will continue to work on this in the future. I want all
you people to understand that the Realty Branch of the BIA is not on our
side. The Realty Branch, BIA, encourages land sales and while we were
successful in having one man transfered, his staff is just as bad as he
was and we will continue to work on this in the future. When the BIA
people and the white people come around and want to buy your land you
should really give that some serious consideration because we have a
third of our reservation gone now and a Tribe without a land base is not
going to remain a Tribe. So you people think about this when you are
encouraged to sell your land. And talk to Joe DoLaCruz, or any of the
Business Committee or me on any of these problems because sometimes what
you hear from the BIA is not the whole truth.
On the law and order problem. One of the problems we have is not the
policeman here in the village but the head law and order man in the
Hoquiam Office. There is a Bill in the House of Representatives which
will allow the state to give back jurisdiction to the tribes, we will
work on this and I think we are in a position of strength with the State
Senators and Representatives where we can do this; however, before any
agreement is reached of any kind on jurisdiction, it will be brought
before the Tribe for approval, rejection, or changes. The Business
Committee cannot do this, we can recommend but we cannot sign our name
on anything that is as important as law and order. The people will be
informed in plenty of time and if we can get some of our jurisdiction
back, we will do so.
As far as future planning goes, you heard Joe DeLaCruz when he said
we are coming up with some plans. We hope to be funded by OEO. We
might be funded under BIA where we can contract for services through the
Bureau and do the planning for the reservation. And if that is not
possible, we are going through the Economic Development Administration
for a grant on planning and we want to so this with our own people. I
might also point out that under the Economic Development Administration
it is called for the setting up of a committee and it calls for some
minority races to be represented.
Woman: Are the beaches going to be closed this summer.
James Jackson: I would think so, yes.
Woman: When will we know.
James Jackson: We base any decision on the closing and the opening
of the beach on a study made by the Federal Biologist who recommends
when this be done.
I might also point out that when the Business Committee appoints this
five man committee, we will give you plenty of notice so that anyone
that wants to sit in on those meetings and have a voice and help in the
drafting of any regulations that are presented to the Tribe will have a
chance to be heard and make their recommendations and really what it
boils down to is that you will help do it.
Elizabeth Cole: When the Tribal roll is completed, I think each
member of the tribe should be issued new blue cards. We have a lot of
cards out that shouldn't be out.
Anna Koonts: I would like to suggest just one thing. That when the
new blue cards are issued out, each blue card should have a picture of
the person on the card.
James Jackson: Is there anything else on Tribal business of any kind
that anyone wants to talk about?
There was some discussion on hunting on the Cook Creek Road and white
people fishing blueback illegally on Lake Quinault.
Joe DeLaCruz: The Community Services Committee here in the village
asked me to present this problem to the General Council. It is about
vacant lots in the village. There are lots that have had no
improvements on them for years and they should be reverted back to the
Tribe. The people who have these vacant lots tied up should give them
back to the Tribe because there are no lots available for the three
houses that have been funded for the Public Health Service doctor, nurse
and dentist. Also, for our police officers' trailer and possible
houses.
Rachel Johnson stated that she would make a present of her mother's
lot if her sister and brother would sign the contract. (Corner lot on
Main Street) Blanche McBride: We have not heard a report from the
Tribal Enterprise.
James Jackson: Manager is not here today, otherwise there would be a
report. I will make a request that he attend the next meeting and give
a report.
Blanch McBride: Will this Tribal Enterprise be incorporated and
regulated under this five man committee.
James Jackson: Probably should be, you.
Blanche McBride: I think it should be since it is a part of the
tribal resources.
More discussion on tribal lots. Refer this subject of tribal lots to
the Business Committee.
Motion was made and seconded to adjourn. Motion voted on and
carried.
MEETING ADJOURNED, 3:00 p.m., 680330.
HEL-009-1677-1703
HEL-009-1677-1703
FELSHAW, G M DOI BIA
680229
CORRESPONDENCE
GALBRAITH, A W DOI BIA PAO
RECEIVED 680304
IN REPLY REFER TO: Forestry 339.5 Taholah-Raft River Fire
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND, OREGON 97208
680229
AIRMAIL
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Branch of Forestry
Sir:
Enclosed is the down timber report and a description of the process
used in the report. This information is concerned with the felled
timber destroyed and damaged in the Raft River Fire, Quinault
Reservation.
The value reflects the use of stumpage rates set aside by the
Secretary's decision of 670310. We have been notified the contracted
cruise information on the down timber will be available within a week.
Sincerely yours,
A W Galbraith
A. W. Galbraith Assistant Area Director (Economic Development)
Enclosure
cc: Supt., Western Washington Agency Hoquiam Subagency
DETERMINATION OF ADVANCE DEPOSITS - CRANE CREEK & TAHOLAH LOGGING
UNITS, QUINAULT
1. Crane Creek Unit:
The company submits to the Forest Officer in Charge of the Unit a
felled and bucked inventory report each month. This is gross woods
scale. The report separates total volume by allotment and specifies
whether the volume is within the logging block proper or on road
right-of-ways. Sample below:
Table not keyed see original
The gross scale is multiplied by a factor of .55 to obtain a net
volume. The factor is determined by using total gross scale for several
allotments against total net recovery for the same allotments. (This is
based on actual experience, i.e. the gross volume for several allotments
in a logging block having a comparable stand of timber that was
previously logged; the net recovery is the actual sale obtained from
the Grays Harbor Log Scaling and Grading Bureau.) The expected recovery
is then divided into the several species by estimation based on previous
experiences in similar stands. (Crane Creek fallers are paid on woods
scale - bushlers.)
2. Zaholah Unit:
The company furnishes a monthly report to the Forest Officer in
Charge of the Unit showing the number of "act" days spent on each
allotment by the fallers and buckers. Aloha pays their cutters by the
day. The average net volume felled per day per set is 20 MBM. The
report also shows the species percent of the felled timber. The Forest
Officer computes the volume by species for each allotment within the
logging block. Sample below:
Table not keyed, see original
A Report of Down Timber and Rate of Cutting is prepared at the end of
each month (See exhibits A & B). The value is computed using the
stumpage rates in effect at the time. This value is added to the value
of the total scale for the month, plus the estimated value of the timber
to be felled during the next 30 days. A check is made against the
advance deposit balance shown on the previous months ROTC to make
certain there is enough money to cover the value of the scale report
being submitted and the value of the estimated cut for the next 30 days.
REPORT OF DOWN TIMBER AND RATE OF CUTTING
Following by allotments and species is the estimate of down timber on
the Taholah Unit, felled and bucked by Aloha Lumber Corporation for the
thirty-day period ending 670731.
Table not keyed, see original
REPORT OF DOWN TIMBER AND RATE OF CUTTING
Table not keyed, see original
REPORT OF DOWN TIMBER AND RATE OF CUTTING
Table not keyed, see original
HEL-009-1704-1709
HEL-009-1704-1709
COMM DOI BIA DC BR OF FORESTRY
671212
CORRESPONDENCE
CORKE, C P DOI BIA
Forestry 791-67
671212
AIRMAIL
Mr. Dale M. Baldwin Area Director, Portland, Oregon 97208
Dear Mr. Baldwin:
Your 001124 letter and enclosures related to the urgent need for
reseeding the area burned by the Raft River Fire on the Quinault Indian
Reservation, Washington.
Although we are in complete accord with the urgency of the project,
we are not aware of available funds with which to assist in defraying
the $16,000 cost. However, there are possibilities where the funds may
become available in the next few months, at which time we would place a
high priority on your request.
Since the time element for optimum reseeding success is limited to
the 001201-000201 period, we would encourage you to proceed with the
project, using funds presently available to you, provided it would not
create a serious shortage in the event reimbursement cannot be made.
The proposed contract for seeding services would not be in violation
of the recent contracting restrictions.
Sincerely yours,
(Sgd.) Charles P. Corke Deputy Assistant Commissioner
cc: surname 300 Forestry Chrony Mailroom Chrony Holdup
RKEly:jhb:671211
HEL-009-1710-1710
HEL-009-1710-1715
BALDWIN, D M DOI BIA PAO
671124
CORRESPONDENCE
BALDWIN, D M
RECEIVED
671127
IN REPLY REFER TO: Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND, OREGON 97208
871124
AIRMAIL
Commissioner of Indian Affairs Washington, D. C. 20242 Attention:
Branch of Forestry
Sir:
We are enclosing a copy of letter dated 671117, from the Acting
Superintendent of the Western Washington Agency. The letter sets forth
the urgent need for reseeding the burned area on the Quinault
Reservation resulting from the "Raft River" fire.
We are also enclosing a copy of price quotations submitted by the
Simpson Timber Company relating to seeding the area involved.
As indicated in the Acting Superintendent's letter, owners of private
land adjacent to the burned-over allotments are most anxious to reseed
their lands at the earliest possible date. If all the burned areas can
be reseeded in a single operation, it can be achieved at a lower cost
per acre. It would also be unnecessary to go to the great expense of
marking ownership corners and lines on the ground in such a manner as to
insure identification from the air.
Best results from a reseeding operation will be obtained if the
seeding can be completed no later than 680100. Any further delay will
result in ground cover competition presenting obstacles to tree seed
regeneration. Experience clearly indicates that brush disposal at some
later date will be much more costly than the present estimated seeding
cost.
We recommend your early consideration of our request for the
indicated $16,000 needed to accomplish the required reseeding of the
Indian trust land involved in the Raft River burn.
Sincerely yours,
Dail Baldwin Area Director
Enclosures (2)
cc: Supt., Western Washington Agency
HEL-009-1711-1711
HEL-009-1710-1715
COMM OF INDIAN AFF DOI BIA BR OF FORESTRY
671117
CORRESPONDENCE
WEDDEL, J W BIA W WASH AGENCY
IN REPLY REFER TO:
Forestry-339.8 Raft River Fire
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
671117
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
We have contacted two companies that are involved in aerial seeding
projects: (1) Simpson Timber Company of Albany, Oregon, and (2)
Perpetual Forests, Inc. of Roy, Washington. The matter of aerial
seeding of the Indian cut-over forest lands burned in the Raft River
fire on the Quinault Reservation was discussed with representatives of
both companies.
The per acre estimates furnished by each company is shown below
(Douglas-fir seed provided by Simpson would cost $11.00 per lb.; by
Perpetual Forests $12.00 per lb.):
Per Acre Basis
Simpson Perpetual Forests
3/4 lb. application $8.25 $9.00
Endrin treatment of seed .08
Treating, flying and supervision 1.00
Flying 1.30
Baiting .17 .25
Total Est. Cost $9.80 $10.25
Our initial estimate of the number of cut-over acres in trust
ownership was 2,330. The revised acreage taken from recent color aerial
photography of the burn area is 1,625. The total cost of aerial seeding
1,625 acres @$9.80 per acre is estimated at $15,925 or about $16,000.
We are enclosing a copy of the quotation furnished us by the Simpson
Timber Company of Albany, Oregon. You will note the source of the seed
is from northeast Grays Harbor County. This area, approximately 24
miles east and 10 miles south of the Raft River fire, is comparable in
elevation and receives about the same amount of precipitation as the
area to be seeded. From conversations with representatives of Perpetual
Forests, Inc., their seed would be from sources on Vancouver Island,
British Columbia.
We have discussed the matter of aerial seeding with the owners of
private lands in this area. Two companies have made commitments already
for seeding. However, Anderson & Middleton Logging Company and Esses
Bros. Logging Company said they would be glad to go along with having
the firm we selected do their seeding also. Anderson and Middleton have
about 600 acres to be seeded; Esses Bros. about 1,180 acres. This
would greatly simplify the amount of supervision required by all
concerned in marking or delineating property lines prior to the aerial
application of the seed.
We strongly recommend the burn area be aerial seeded between 671201
and 680201, and urge that every effort be made to obtain the necessary
funds. Please advise as soon as money is available so we may make
preparations to accomplish the seeding at an early date.
Sincerely yours,
John W. Weddel
Acting Superintendent
Enclosure
SIMPSON TIMBER COMPANY P. O. BOX 308 ALBANY, OREGON 97321 926-6055
Aerial Seeding Quotation for Bureau of Indian Affairs Hoquiam,
Washington
Area: Raft River Fire Area on Quinault Reservation
Elevation: 400 feet above sea level.
Seed Source: N.E. Grays Harbor County, collections from Camp
Grisdale area and between the Wynoochee and Wishkah Rivers. High yearly
rainfall of the areas should make this seed very suitable for
reforestation on the above area.
Acres: 2,230 acres to be seeded. Rates of application will be
either 1/2 or 3/4 lb. of Douglas fir tree seed/acre. Baiting shall be
applied at 1/2# per acre prior to and independently of the seed
application. This method ensures complete coverage of areas for both
baiting and seeding with no skips.
Treatment: Seed will be treated after accurately weighing out total
poundages. Treating will be 1/2% Endrin held onto seed with lytex
binder and coated with aluminum flake. The aluminum flake acts as a
drying agent and also as a bird repellent. Formulas and methods of
treating used are those prescribed by Nels Kverno of the U. S. Fish and
Wildlife Service. Simpson worked closely with Mr. Kverno on early
experimentation and final formulation of actually impregnating the seed
with the Endrin without a loss of germination capacity.
Baiting: Bait used will be wheat designated and purchased through
the U. S. Fish and Wildlife Service. This agency uses bait treated
with 10 ounces of 1080 per 100 lbs. of wheat and recommends aerial
seeding of this bait at 1/2 pound per acre.
Helicopter: Evergreen Helicopters, Inc., will use one of its eight
Hiller 12-E's (the work horse of the industry) in applying the bait and
seed. The number of ships available assures you of application when you
want it applied with no waiting for the ship to complete a prior job.
This helps you schedule your work load more efficiently. Seed
application configurations are of the highest quality developed after
many years of study, research and use. The dependability of this
equipment assures you of uniform application with no damaged seed after
it goes through the metering devices.
Table not keyed, see original
HEL-009-1712-1715
HEL-009-1710-1715
BALDWIN, D M DOI BIA PORTLAND
671003
CORRESPONDENCE
GALBRAITH, A W DOI BIA PAO
RECEIVED
670105
cc:
Commissioner, Att Br. of Forestry
IN REPLY REFER TO. Forestry 67-7-13 - 339.12 Raft River Fire
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
871003
Mr. George M. Felshaw
Superintendent, Western Washington Agency
Dear Mr. Felshaw:
We are enclosing a copy of letter dated 670928, from Mr. Donald
Hopkins, Supervisor, Forest Management Division, Washington State
Department of Natural Resources. We are also enclosing copies of
letters dated 670929, from Mr. David L. Hintz, Forester, and Mr. Boyden
W. Houtz, Work Unit Conservationist, Soil Conservation Service. The
letters relate to the examination of the Raft River fire area with
Tribal, B.I.A., and other Government Agencies on 670926.
We believe every effort should be made to establish study plots
immediately upstream from the Twin Bridge area. The owners of the land
involved should be contacted and their cooperation obtained. Plans
should then be made, with Tribal participation, as to the location of
the individual study plots and the seed mixtures to be applied.
In view of the interest shown by the Soil Conversation Service and
Washington State representatives, we believe they can be most helpful in
designing the study and providing guidance as to locating appropriate
seed. In the event we can be of assistance, we will be pleased to do
so.
As indicated in Mr. Hopkins' letter, the Department is currently
reviewing the status of burned areas to determine where reforestation is
necessary due to the lack of an adequate seed source. A similar study
of the Indian trust lands involved is being made by your staff. The
results of this study and your recommendations and estimated cost
involved should be furnished to us at the earliest possible date.
Sincerely yours,
(Sgd) A. W. Galbraith
A. W. Galbraith Assistant Area Director (Economic Development)
Enclosures (3)
cc: Commissioner, Attn. Br. of Forestry w/enclosures (3) Hoquiam
Subagency w/enclosures (3)
HEL-009-1716-1717
HEL-009-1716-1720
FELSHAW, G M BIA W WASH AGENCY
670928
CORRESPONDENCE
HOPKINS, D R DEPT OF NATURAL RESO
STATE OF WASHINGTON Department of NATURAL RESOURCES
COMMISSIONER BERT COLE
SUPERVISOR DON LEE FRASER
BOX 168 OLYMPIA, WASHINGTON 98501
670928
Mr. Kenneth Hadley, Forester Bureau of Indian Affairs Lloyd Plaza,
Building 400 P. O. Box 3785 Portland, Oregon 97208
Dear Mr. Hadley:
Following are my comments relative to work that might be done on the
Raft River where ground cover was destroyed by the fire in 000700.
Reforestation of the burned areas should be accomplished this winter,
if possible. Where mineral soil is exposed and the drainage is
adequate, I recommend seeding with Douglas fir prior to 000201. On the
flat portions where the fire did not expose mineral soil and drainage is
poor, I recommend planting with Douglas fir, provided trees are placed
only in locations where they are not subject to flooding. This will
mean placing them on the highest ground available--usually adjacent to
the large cedar stumps.
It appears that erosion that will result from destroying the
vegetative cover will not present a real threat to the fisheries
potential of the streams. Personally, I feel that there has been more
sediment as a result of road building in the area visited than that
which will occur as a result of the fire.
While it seems late in the year for establishment of ground cover
such as might be obtained through seeding with clover, rye grass,
mustard, or other types of grasses or annual herbs, this area does offer
a good opportunity to test such seedings and their usefulness on other
similar locations if fire should again occur in the area.
As I mentioned during our discussion, operators logging private land
within the burn are held responsible under the Forest Practices Act for
reforestation of the lands for which no adequate seed area remains. We
are currently reviewing the status of logged areas and seed areas that
may have been left, and will contact you when our surveys are finalized.
This will permit correlation of the work that is to be done by the
landowner and/or operators and that proposed by your foresters.
Very truly yours, BERT L. COLE, Commissioner
Donald R. Hopkins
Donald R. Hopkins, Supervisor Forest Land Management Division
DRH:vs
HEL-009-1718-1718
HEL-009-1716-1720
HADLEY, K DOI BIA
670929
CORRESPONDENCE
HINTZ, D L US DEPT OF AGRICULTU
UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE
Room 332, Federal Office Build. Seattle, Washington 98104
670929
Mr. Ken Hadley, Forester Bureau of Indian Affairs Portland, Oregon
Dear Ken:
This letter is in reply to your request for recommendations for
reforestation and erosion control measures for the burned area created
by the Raft River Fire.
The soils in the burned area are noted for their ability to brush up
rapidly. Therefore, I would strongly recommend that the burned area be
seeded or planted to Douglas-fir before next spring. If this is not
done, some serious regeneration problems could occur. I would not
recommend the direct seeding of the soils located on the nearly level
terraces with high water tables. There is a great deal of organic
matter on the surface and it is doubtful if Douglas-fir will become
established by seeding. These soils are best suited to western red
cedar, western hemlock, and Sitka spruce. This presents a problem for
you, because these types of planting stock are not available from the
Department of Natural Resources Nursery. Since your agency and the DNR
has had some success in planting Douglas-fir on the higher mounds above
the water table, I would go along with the suggestion to give it a try.
Your only other alternative, as I see it, is to let the area return to
brush.
I have discussed the erosion control measures, which would be
desirable, with our plant materials specialist, William Billings, in
Corvallis, Oregon, and Boyden Houtz, our Work Unit Conservationist in
Montesano, Washington. Mr. Houtz will be in contact with you by letter
and telephone, sometime today. Mr. Billings is interested in evaluating
some various types of seed and seed mixtures on the burned areas. The
details of this will be in Mr. Houtz's letter.
If I can be of any further assistance to you in regard to
reforestation or erosion control, please let me know. I have been
authorized to schedule some additional time to help you, if the need
arises. You can contact me at 332 Federal Office Building; 901 First
Avenue; Seattle, Washington 98104 FTS Phone No. 206-583-5449.
Sincerely yours
David L. Hintz
David L. Hintz, Forester Soil Conservation Service
DLH:dvh
cc: Vern Nelson, Robert Olson, Boyden Houtz, SCS; William Billings
HEL-009-1719-1719
HEL-009-1716-1720
HADLEY, K DOI BIA PORTLAND
670929
CORRESPONDENCE
HORTZ, B W US DEPT OF AGRICULTU
UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE E.
103 Broadway Montesano, Wn. 98563
670929
Ken Hadley, Area Forester Bureau of Indian Affairs Portland, Oregon
Dear Ken:
This concerns erosion control measures for the Raft River burn area.
I have consulted Vern Nelson, SCS Olympia and William Billings Plant
Materials Specialist, Corvalis. We agree the most rapid cover attain
able this fall on those eroding streambanks will be with Abruzzi or
Tetra Pectus rye (fall grain) seeded 100 pds./acre fertilized with 80
pds./acre of ammonium nitrate. This will give cover for one year as
these grains are annuals. Seeding should be done immediately.
A mixture that will afford both rapid short time cover and slower
longer lasting cover is Abruzzi rye 50#/acre, Italian Rye Grass 15#/
acre, Red clover 5#/acre, New Zealand white clover 2#/acre fertilized
with 80#/acre of ammonium phosphate. This mix contains annuals,
biennials and perennials.
A long lived permanent cover can be attained by seeding Italian Rye
Grass 20#/acre, Red clover 5#/acre, and New Zealand white clover 2#/acre
and fertilized the same as the above mix. This stand may be slow in
establishing itself this late in the season.
SCS Plant Materials Center has some Timothy grass seed for trials
with Soil Conservation District cooperators. There is enough to seed
about 25 acres at 9#/acre rate. This affords fair permanent cover. I
will contact Jim Jackson about signing a cooperative agreement with this
SCD and see if we can get some cover trials going.
Erosion along roads is also excessive in this area. Seeding the
areas along both side of the roads to Creeping Red Fescue 10#/a.,
English Rye Grass 15#/a., Red clover 5#/a. fertilized with 80#/acre of
ammonium phosphate will reduce the soil losses. Seeding the road bed is
not necessary.
Please let me know if we can be of any further assistance the phone
number is 206 249 4212. Address is E 103 Broadway, Montesano, Wn.
Sincerely, B. W. Hertz Work Unit Conservationist SCS
cc; Jim Jackson, V. Nelson, W. Billings
HEL-009-1720-1720
HEL-009-1716-1720
HADLEY, K DOI BIA PORTLAND
670823
CORRESPONDENCE
BR OF FORESTRY PAO
RECEIVED
670819
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
For Information
TO Commissioner.
FOR ATTENTION OF: Branch of Forestry
FROM Branch of Forestry Portland Area Office
FILE REFERENCE: 339.12
DATE:
670823
SUBJECT Preliminary report on Raft River Fire, Quinault Reservation,
670713. A fire critique has been scheduled for 670908, at Olympia.
HEL-009-1721-1721
HEL-009-1721-1738
COMM DOI BIA BR OF FORESTRY
670818
CORRESPONDENCE
TUCKER, L A DEPT OF NATURAL RESO
STATE OF WASHINGTON Department of NATURAL RESOURCES
BOX 168 OLYMPIA, WASHINGTON ILLEGIBLE
670818
Mr. George Felshaw, Superintendent Western Washington Indian Agency
Federal Building 3006 Colby Avenue Everett, Washington 98201
Dear Mr. Felshaw:
Please find attached a fire report for the Raft River Fire that
occured 670713. This is a preliminary report necessarily including some
estimated figures.
1. We will send a final fire report by October in compliance with
Agreement No. 14-20-0500-1679.
2. A copy of the findings of the fire investigator who investigated
this fire.
3. A list of the landowners and operators and the slash acreage
burned on each ownership.
4. A fire history by E. C. Gockerell, who is local supervisor, and
acted as fire boss on the Raft River Fire.
5. A copy of the fire equipment inspection for the Esses Logging
Company, made on the morning of the day the fire occurred. This was
made by the local Forest Warden, L. Schoonover, who is assigned to that
district.
We have furnished these items in duplicate as requested in the
agreement.
Very truly yours,
BERT L. COLE Commissioner of Public Lands
cc: Portland Area Office w/cpy attachments
By ILLEGIBLE Loren A. Tucker, Supervisor Fire Control Division
LAT/fl Attachment
FIRE REPORT
Table not keyed, see original
MAP RECORD
Map not keyed
AREA BURNED-NUMBER OF ACRES
Table not keyed, see original
HEL-009-1722-1724
HEL-009-1721-1738
FELSHAW, G W WASH INDIAN AGENCY
670721
CORRESPONDENCE
LUDWIG, L T DEPT OF NATURAL RESO
S. F. No. 9670-OS-6.64
STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES
BERT COLE, Commissioner
MEMORANDUM
TO Loren Tucker, Supervisor Fire Control DATE 670721
FROM Lester T. Ludwig SUBJECT Investigation of Raft River Fire
Project 098
Location: SW 1/4 of NE 1/4 of SE 1/4, Section 16, T-23, R-12 (Mary
Lester Alatment) (Quinault Indian Reservation)
Owner: Esses Brothers Logging Co., Quinault, Washington (Cutting
Permit #6724)
Time: A. App. 2:30 P.M., 670713
B. Phone call received at Quinault sub-headquarters at 2:45 by Steve
Lay D.N.R. employee. 2:50 FR-2 called FR-15 lookout and stated (We had
a telephone report 2-10 on Crane Creek. Can you see it? 10-10 Yes my
reading is 263degrees.) 2:51 FR-13 to FR-2-My reading is 148 degrees.
2:53 FR-14 to FR-2 Location East half of Section 23, my reading is 152
degrees. 2:57 FR-15 to FR-2 FR-33 says send the two pump trucks up to
Esses Road 10-4 They are leaving now.
Pictures #1 Esses Landing. Fire started to the right of landing.
#2 Esses Landing showing tail block and location where fire started.
#3 Haul back line running out to tail block.
Persons Questioned:
1. Oliver Fry; Forman
2. Stan (Red) Amsbury; Loader for Esses
3. Bernie Durhm; Taylor Brothers Forman
4. Ken Olson; D.N.R. and Steve Lay; D.N.R. received the phone call
5. Ed Brown; Yarder for Esses
6. Clarence Esses; Owner & Vick Esses; Owner
7. Several others but information they received was the same as the
following report.
Cause: On 670717, Clarence Esses, Oliver Fry and myself visited the
location where the fire started. Approximately 100 yards north of the
landing.
Mr. Fry showed me the approximate location they first spotted the
smoke and fire, but by the time the fire signal was given and the men
got on it, it was impossible to do anything with it.
Information received was that the last load had come in. Mr. Fry
watched the load uproot a cedar snag in the approximate location where
the fire started. After the load was at the landing, they prepared to
change sides and were in the process of pulling the straw line back and
pulling two tail blocks over to the new side. Approximately 15 minutes
had passed from the time the load hit the landing until the fire whistle
blow.
Of the people questioned, no one could say just how it started; but
indications show it was either by the friction of the straw line across
a cedar snag, or friction when the last load coming in uprooted the
cedar snag.
Due to the location other possibilities were ruled out: (1) the wind
was in the wrong direction to blow sparks from any machinery (2) no men
working in the area because it was in the last road (3) location
one-third of the way to the tail block.
Both Clarence and Vick Esses admitted the fire started in the
location between the landing and the tail block.
Information received was that on the morning of 670713, Mr. Clarence
Esses was in Aberdeen inquiring about more insurance. Questioned about
this, Mr. Esses stated that he did go to town to take out more
insurance.
Att.
LTL:sm
HEL-009-1725-1726
HEL-009-1721-1738
TUCKER, L FIRE CONTROL
670726
CORRESPONDENCE
LUDWIG, L T DEPT OF NATURAL RESO
Loren Tucker, Supervisor Fire Control
L. T. Ludwig
670726
Continuation of Raft River Fire Investigation
Fire Equipment Inspection:
670713 N1/2; SE1/4; Sec. 16, T;23, R;12 W. Cutting Permit #67;24
Esses Logging Company D.N.R. Warden (L. Schoonover)
Indications show that all necessary tools were at the landing along
with a five hundred gallon pump truck and cat.
First attack on fire was by Esses' crew. When the fire was first
noticed, the following men were in the described area:
1. Oliver Fry (Foreman); In the process of packing a block out to
new setting.
2. Bunny (Whistle Punk); Halfway between spar and tail block.
3. Ken James (Choker man); Near, second block
4. Red Amsbury (Shovel Leader Operator); at landing.
5. Ed Brown (Yarder); Running the yarder.
6. Ron Billings (Head Loader)
Both Billings and Ziegler were on the
7. Fritz Ziegler (2nd Loader) landing.
First indication of the fire, Ed Brown went to work on the cat. Ron
Billings, Ziegler and Amsbury started to work on the pump truck. Others
went to work with shovels and hoes trying to keep it under control.
They all said that by the time they noticed it and the way it exploded,
it was impossible to do anything with.
Red Amsbury, after a few minutes on the pump truck, jumped into a
pickup and drove to the scaling station south of the Esses Road to have
them call the D.N.R. accounting for the phone call received by FR-2.
LTL:sm
Map not keyed, see original (ILLEGIBLE)
(ILLEGIBLE)
670804 (ILLEGIBLE)
TAHOLAH Unit
T 22N, R 12W
Table not keyed, see original CRANE CREEK Unit T 23N, R 12W
Table not keyed, see original
QUEETS Unit
T 23N, R 12W
Table not keyed see original
HEL-009-1727-1731
HEL-009-1721-1738
TUCKER, L FIRE CONTROL
670803
CORRESPONDENCE
COCKERELL, E C DEPT OF NATURAL RESO
RECEIVED
670803
STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES BERT COLE,
Commissioner
MEMORANDUM
TO Loren Tucker Olympia
FROM E. C. Gockerel Forks
DATE 670802
SUBJECT Raft River Fire
Attached is a write up on the Raft River Fire as I recall it. I have
skipped the details for the most part trying to stay with overall
strategy and mobilization procedures. I can't seem to recall every
event as they occurred anyway.
ECG:sh
cc: C. Kirkwood Raft River File
RECEIVED
670803
Files
E. C. Cockerell
670725
Raft River Fire
The fire started in an active logging operation probably from
friction between running steel lines and a punky rotton stump or log.
By the time the logging crew got to the fire it was too large to put
out.
Our Clearwater Lookout reported the fire to Quinault headquarters and
Dick Shero about 3 o'clock. I was notified shortly after. Dick
dispatched his pumpers and fire crews immediately. I asked Forks to
send a pumper and crew and a volume pump. I asked Frank Dugas to fly
over the area taking a radio with him. I called for a crew from the
Honor Camp.
When I arrived the fire was about 20 acres in size, located in the
middle of a large logged area. It was readily apparent that a big fire
was possible. We started two cats building a fire trail on the West
edge of the fire. A pump was set up in Raft River and hose laid out to
try to hold the fire from spreading across the river on the South side.
Dugas called from the plane and tried to toll us where to spot the
cats on the North edge. Then he noticed a spot fire. He flew over the
spot and told Shere where he was above the spot. The spot five was
about 3/4 of a mile Southeast of the main fire. A pumper crew was sent
over to this fire and a cat.
We asked Montesano to send a pumper to the fire.
About this time I radioed Olympia to send a 2 division fire team and
ordered the Clallan Honor Camp to come down to the Clearwater in the
mule pasture to set up camp. I later asked for crews from Larch Mtn.
and Washougal Honor Camps. I asked John Clayton to help get the camp
set up at the mule pasture.
Dugas detected 2 more spot fires further to the Southeast of the
first spot fire. I asked him to return to Forks and come down to the
fire with a sketch map of the fire and roads. Frank arrived about an
hour and a half later but by this time the map was outdated the main
five having spread to about 200 acres and the spots to 20 acres each or
more. I asked Frank to take care of the spots with the equipment we
could send over.
I saw Marzell Mayr and asked him to send 2 cats the next day and
about 15 men. Shero asked Morrison to send cats and men. He asked for
the helicopter from kelso which arrived about an hour before dark.
I showed John Calhoun where I wanted him to start trailing with 2
cats. It was in timber along the North edge to go around the slash
Northwesterly. He was to work them till dark.
Overhead from around the State began to arrive and met at the fire
camp in a gravel pit. Les Norton who had been with me , set this up and
started making plans and sketch maps for the overhead.
When the helicopter arrived (it landed in a spot dozed out by Hall's
cat shortly before the helicopter arrived) I flow in it to look at the
fire. It was spreading Southerly and Westerly about 500 acres in size.
Shortly before dark I asked Carl Johnson to fly in it to map the fire on
photos.
Files
E. C. Gockerell
670625
Raft River Fire
Spot fires were reported on Rayonier's Crane Creek operation. This
was in Section 25 approximately 3 miles Southeast of the original fire.
Swede Johnson was sent down to find out what was going on.
Some of the other overhead were sent along the Taylor road to scout
our the fires spreading in Section 23 and Section 26. I believe Don
Pless and Wray Little did this scouting.
Walt Scobie arrived and worked with the Humptulips pumper trying to
hold the fire from spreading Easterly in the N1/2 Section 22. Two cats
were building fire trail in this area. One was Taylor Brothers cat, the
other which arrived later was Hallcum's cat. The Clallam Honor Camp
crew of 12 men and two foremen worked in this area.
Meanwhile John Clayton had arrived at the mule pasture and was
setting up camp.
Jerry Brown, District Ranger of the U.S.F.S. offered to release the
helicopter working on Sams. River mopup to come over in the morning.
We accepted the offer.
Ad Frichette directed traffic for us at an intersection 1 1/2 miles
from the highway. He reported who was arriving and we sent them to
different points on the fire.
We sent for Shero's slash map of the reservation.
The overhead were sent over to the camp to get some rest.
About 1 o'clock Shere and I drove down to Rayonier's Crane Creek
operation. We drove into both Section 25 and Section 36. The fire was
spreading rapidly in the slash in large units in both sections. We
pulled a State pumper out of the slash where it would do not good at
all. Rayonier had cats on the fire building trail. The fire jumped the
fire trails constructed in slash. The wind was strong out of the North.
Seeing this, I asked Olympia for another division fire team.
Shere and I scouted the West side of the fire later with George
Seevey of the BIA. We drove into Mayr's road system to do this. Then
we returned to fire camp and worked on plans with Los Morton.
At dam I flow in the Kelso helicopter to look at the fire. The
Northern area of the fire was visible but the Southern end was covered
with smoke. It looked to be about 2,000 acres. The Bell helicopter
arrived later on and I flew in it at various times throughout the next
several days. This helicopter was the most valuable tool on the fire.
We not only could scout the fire, we also landed at any wide place in a
road and showed division bosses, logging foremen and even cat skinners
the fire edge in their sectors. This gave them a quick look of the fire
and terrain and an idea of how to handle the fire.
I sent Hank Zepeda over to the Tahola unit where two spot fires were
giving Evans Products a tough time. One spot fire was hold at about 3
acres, the other grew to
Files about 100 acres before it was finally controlled. Hank helped
on the fires and gave us communication of what was going on.
By 10 AM the fires spread Easterly so that the fire camp in the
gravel pit and the heliport nearby had to be abandoned. We moved fire
camp to another gravel pit about a mile and a half away and a little
over a mile South of Highway 101.
I made a quick tally of men and equipment on the fire at 10 AM.
There were about 170 State men on the fire (including 80 inmates) and
over 200 loggers. There were about 24 pumpers and 21 cats on the fire
also.
Winds continued out of the West and Northwest. We were able to trail
the West edge of the fire and hold the fire in the slash with the wind
in our favor. It was different on the East edge and on the Southeast.
The fire spread East and Southeast jumping many of our fire trails.
Many of the sector bosses lost ground and this lowered their morale as
well as the crews. I talked to some of them and told them we could
expect to lose some ground but eventually would find a place to contain
the fire. It was simply not possible to hold a fire line in the middle
of slash no matter how wide the trail with the wind against you.
Rayonier continued to try to hold the fire line in slash and continued
to lose ground. Afternoon wind was strong 10 to 12 out of the West
Northwest. The fire looked to be about 3,500 acres.
Plans were made for night crews mostly patrol and pumping out hot
spots.
The following day we had more overhead, more crews, and more
equipment on the fire. There were about 500 men, 26 pumpers and about
30 cats on the fire. The plan was to trail the fire completely in
timber, fall burning snags, set up pumps in Raft River and tributaries
and hold the fire line with pumpers.
I felt we had to hold our position along the North, South section
line between Sec. 14 and 15, North of Raft River. The fire was pretty
well burned down. For some reason the fire flared up here and even
though we sent all available pumpers and cats to this sector the fire
got away. I asked Frank Dugas to try to hold the fire at least
temporarily between the Esses road North to the timber. This worked
only for about a half hour and we had to fall back. Meanwhile a spot
fire broke out at a landing South of Raft River in the NE SE Sec. 14.
Two pumpers could not put it out so I pulled the pumpers out. Rayonier
also lost ground in the afternoon. The fire swept thru slash and
burning embers, spotted across a leave strip of timber into logged units
further East.
I flew the area around the fire camp and concluded that equipment was
safe for sometime yet. I decided we must burn out the slash area in the
S 2/3 of Sec. 11 and part of ME Sec. 14 about 350 acres during the quiet
evening hours so as to have green timber on the North and East to
contain the fire.
I started Shero with 2 cats to build fire trail along the West edge
of the burn out area, and also started Dugas with 2 cats to start at the
North edge of the burn
Files
E. C. Gockerell
670725
Raft River Fire out area and work towards Shore.
I asked fire camp to set up pumps below each bridge across Raft River
to keep them wet down. This was done all night while the slash burned
on both sides of the river.
West to Southwest winds were predicted for the following day so this
strategy seemed to me to be necessary. There was some disagreement at
first but finally Loren Tucker agreed the move was necessary.
We had a meeting at 8 to 9 PM with all overhead and I explained my
strategy and we discussed plans for the next day.
After looking the area over carefully I decided to start burning out
about 10 or 11 oclock. There was little or no wind just as was
predicted by Charles Hibbard who had a weather station at the fire.
Ralph Beswick and I started burning out along the timber edge at
about the SE corner of the SE NE and lit Westerly towards a landing near
the center of the section at the timber edge. Shero and Potter started
at the NW corner of the burn out and lit Easterly towards the landing
mentioned. We lit the landing and it was burning fine and going
straight up. Hurley helped also, I moved a pump truck in to hold the
fire from spreading North along the RW through the timber.
We then moved South and started landings in the W 1/2 of the burn out
area and along the logging spur. The fire was drawing nicely away from
the North. We lit to the main logging road running along the East edge
of Section 11. I went down to fire camp and advised Herb Grell what we
had done and told him that things would get hot soon and he would have
to pull out into the burn to the South. They all evacuated hurridly
about an hour later. I asked Shero to hold up in the burn and in a few
hours we would buck out trees that had fallen across the road, and they
could drive out and day crows could go in.
Meanwhile I checked the North edge where the pumper crew was located
and the fire held pretty much along the timber. Some snags were burning
but a cat trail could easily be constructed from the Esses road West
thru a slash area then behind the timber on the North.
The fire began tospot in the slash along the East side of the Esses
road which saved us the trouble of lighting it. The main fire pulled
the fire away from the timber nicely.
I went over to supply camp and went up in the helicopter with
Beswick. Los Morton had wisely diverted the crows to the Queets
schoolyard along highway 101, and soon had crows on their way.
The West flank of the fire had held, so did Aloho's 100 acre fire.
The fire had spread further East into more of Rayoniers Crane Creek
units. I talked to Don Larsen and suggested they trail against the
timber, then we could burn out two small areas of 10 to 20 acres each in
the evening. He did as I asked and that evening Skip Albert and Clancy
Bean burned the last two spots out. Beswick burned out a
Files
E. C. Gockerell
670725
Raft River Fire few areas that had not cleaned up in the burn out.
He did this all before noon.
Everything went according to plan that day and we at last had most of
the perimeter trailed. Some of the overhead were released that evening.
The night crew was reduced in size.
The following day we had perhaps 150 less men on the fire, down to
about 350 total. Many cats were released. Lots of snags were felled
and quite a few more pump shows set up in Raft River. At 6 PM this day
(Monday) I felt the fire was under control. I radioed this message to
AD-1.
STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES BERT L. COLE,
Commissioner
FIRE EQUIPMENT INSPECTION
Esses Logging Co. Company Amanda Park Washington Sbvn N 1/2 S 1/2 Sec
16 Twp. 23N Rge 12W
070713
Timber cutting permit No. 67-24
Name of person contacted at this inspection NOTE : cross out items
that do not pertain to this inspection.
Tools Required for Operation of Steam, Internal Combustion, or Any
Other Spark Emitting Equipment Which Could Cause a Fire on Forest Land:
Employing Five Men or Less:
Sealed tool box, waterproof lid, sound construction, hinges and hasp
2 axes, min. 3 lb. head and 32" handle
3 shovels L.H.R.P. or D.H.R.P.
3 adze eye hoes
Adjacent to tool box:
A five-gallon backpack pump can of water and 50 gallons of water, or
100 gallons of water and 2 buckets
Employing More Than Five Men:
Sealed tool box, waterproof lid, sound construction, hinges and hasp
OK
3 axes, min. 3 lb. head and 32" handle OK
6 shovels L.H.R.P. or D.H.R.P. OK
6 adze eye hoes OK
Adjacent to tool box:
1 five-gallon backpack pump can of water and 100 gallons of water OK
Snag and Cleanup Requirements:
Fall snags over 15 feet high within 150 feet of any spark-emitting or
electric engine or cat landing OK
Cleanup within 35 feet of any spark-emitting or electric engine or
cat landing OK
Steam, Internal Combustion, or Electric Engine Operating in a Fixed
Position Used for Logging or Land Clearing:
2 chemical extinguishers, 1 B. C. Rating each Loading Crane OK
18 inch vertical exhaust extending 4 inches above hood, or adequate
spark arrester OK
Tractor or Mobile Yarder Requirements:
1 chemical extinguisher, 1 B. C. Rating Tower yarder OK
18 inch vertical exhaust extending 4 inches above hood, or adequate
spark arrester OK
Power Saw Requirements:
1 eight-ounce chemical extinguisher OK
A serviceable shovel OK
Approved spark arrester OK
Steam, Internal Combustion, or Electric Engines Operating in a Fixed
Position and Used for Purposes Not Covered Above:
1 chemical extinguisher, 1 B. C. Rating
100 gallons of water and 2 buckets
18 inch vertical exhaust extending 4 inches above hood, or adequate
sparker arrester
Tools must be as indicated or suitable equivalent thereof.
Corrections or substitutions:
Other Requirements:
A watchman must be present for at least two hours after any
spark-emitting or electric engine has stopped.
It is unlawful to use fuse for blasting in slash areas 000615-001015.
WARNING
If requirements are not met by , the operator will be subject to
prosecution as prescribed in Sec. 76.04.270, RCW, and the operation
subject to shutdown until compliance is obtained.
Inspection No 1
Forks 02
District
L Schoonover
Inspecting Officer
TO THE OPERATOR:
This report is for your own protection. A report showing full
compliance credits your operation with observance and practice of fire
protection requirements.
Richard Shew
Asst District Administrator
HEL-009-1732-1738
HEL-009-1721-1738
TUCKER, L
670817
CORRESPONDENCE
TAYLOR, T W DOI BIA
With regard to stream protection, we believe that improvement can be
made in stream protection and cleanup. We include language in all
timber sale contracts to cover this, and the Bureau of Sports Fisheries
and Wildlife personnel cooperate with us in the establishment of
acceptable operating standards. In 1966, considerable attention was
given to this problem. Field trips and meetings involving the Tribe,
this Bureau, and the Bureau of Sports Fisheries and Wildlife were
conducted to discuss plans for stream clearance projects and the logging
of future blocks so as to provide maximum protection to stream, courses
and fish population. Timber contractors have been most cooperative in
attempting to keep stream damage to a minimum.
During fiscal year 640000, Accelerated Public Works funds were spent
on a stream clearance and flood control project on the Quinault Indian
Reservation. The work plan was coordinated with the Tribe and the
Bureau of Sports Fisheries and Wildlife. Approximately 18 miles of
stream bed were cleared of log jams and dobris. Although there are
still improvements to be made, we believe that in recent years, there
has been excellent progress towards maximum protection of streams on the
Quinault Reservation.
We hope you will assure Dr. Roberts that we are keenly aware of the
situations he has presented, and will continue our efforts in promoting
their solution. His sympathy and concern for the Quinault Indians are
greatly appreciated.
The copy of Dr. Roberts' undated letter is returned as you requested.
Sincerely yours,
(Sgd) Theodore W. Tayler, Deputy Commissioner
Enclosure
cc: Commissioner's Reading File 310 Joe Wagner (Land Operations)
Portland Area Office (2) 300 Surname/ Forestry Chrony Mailroom Chrony
Holdup
R/EY/SMCasby
670817
HEL-009-1740-1740
HEL-009-1740-1701
670810
CORRESPONDENCE
HATFIELD, M O US SENATE
RECEIVED
671001
UNITED STATES SENATE
670810
Respectfully referred to Bureau of Indian Affairs for such
consideration as the communication herewith submitted may warrant, and
for a report thereon, in duplicate to accompany return of inclosure.
By direction of Mark O. Hatfield U. S. S.
HEL-009-1741-1741
HEL-009-1741-1741
DOI BIA
670000
CORRESPONDENCE
ROBERTS, C
RECEIVED (ILLEGIBLE)
DR. AND MRS. C. EVANS ROBERTS, JR. 7808 S. E. 28TH PORTLAND, OREGON
97202
Senator Mark Hatfield Senate Office Building Washington, D. C.
Dear Senator Hatfield:
We were very much concerned about the recent timber fire on the
Quinault reservation in Washington state since we have friends There The
fire was due to improper handling of slash by the small timber
companies.
This is not a new problem, flash for a long time have interfered with
fish producing operations there as well as have other activities poorly
controlled by the Bureau of Indian Affairs.
OVER
I would like to be reassured That at last some effective control will
be exercised by the Bureau over These timber harvesting operations. The
Quinaults are a very courageous group trying hard to seize some control
over Their own destiny, and like most N. W. Indians need thoughtful
assistance.
Sincerely yours,
(ILLEGIBLE)
HEL-009-1742-1743
HEL-009-1742-1743
HATFIELD, M US SENATE
670817
CORRESPONDENCE
LUNDEEN, V DOI BIA PORTLAND
RECEIVED 670817
183138 EVDEG
RAAUIJAZ RUWLRPG0005 2282300-UUUU--RUEVDEG.
IOIA
FM VICTOR LUNDEEN ACT ASST AREA DIRECTOR BIA PORTLAND OREGON
TO COMMISSIONER OF INDIAN AFFAIRS ATTN: BR OF FORESTRY WASHINGTON D
C
BT
RETELECON STEVENS-ELY 670816 RE RAFT RIVER FIRE DOLLAR VALUE OF
DAMAGES. CUTOVER LAND REHABILITATION 0 $35/ACRE: QUEETS, 516 A.,
$18,968: CRANE, 1836 A.,$S64,260, TAHOLAH, 97 A., $3,395.
NONMERCHANTABLE 0 20-25 CDS/ACRE AND $2/CD PLUS BARE LAND VALUE OR
$60/ACRE: QUEETS, 160 A., $9,600: CRANE, 46 A., $2,760: TAHOLA, 25
A., $1,680/. MERCHANTABLE, NO ACRES RESOLVED, BASED ON STANDING TIMBER
AND LOGS PER GRAYS HARBOR LOG GRADING RULES, NO BARE LAND VALUE S
INCLUDED: QUEETS, $47,260: CRANE, $129,3401 TAHOLAH, $27, 910.
SPECIAL, MITCHELL IN QUEETS: ACTUAL SCALE OF FELLED BURN 1,422,678 FBM,
ESTIMATED 60% LOSS, ESTIMATED DOLLAR LOSS, $19,244.76: STANDING TIMBER,
NEGLIGIBLE, STUDY INCOMPLETE, ALL SHOULD BE OK FOR EXPORT.
BT
Note. Est. total Burn 4,400 Acres, including 1st 1,600 A. Indian
trust lands.
RKE
HEL-009-1744-1744
HEL-009-1744-1744
COMM OF INDIAN AFF BR OF FORESTRY
670720
CORRESPONDENCE
SKARRA, P E BR OF FORESTRY
Forestry 791-67 misc
(ILLEGIBLE) 630500 BOTION
(ILLEGIBLE)
UNITED STATES GOVERNMENT
MEMORANDUM
670720
TO: Commissioner of Indian Affairs Through: Assistant Commissioner,
Economic Development
FROM: Chief, Branch of Forestry
SUBJECT: Raft River Fire, Quinault Indian Reservation
The attached article which appeared in the Portland, Oregon Journal
on 000715 describes the widespread effect of smoke from the Quinault
Indian Reservation forest fire. We reported information on this fire in
earlier memoranda.
The acreage covered by the fire is reported at about 6,000 acres
rather than 3,500 acres given in the article. Firelines are still
holding and suppression forces have now moved into mopup work.
On the southwest reservations where forest fire danger was extremely
critical several weeks ago, summer rains have significantly improved the
situation. Reports from Albuquerque, Phoenix, and Navajo areas all
indiate lessened danger. The northwest continues with critical
conditions.
Perry E. Skarra Perry E. Skarra Chief, Branch of Forestry
Enclosure
OREGON
Published in the Interests of the Oregon
10 CENTS Second Class Postage Paid At Portland. Ore. Portland
(ILLEGIBLE)
Smoke Pall Hangs Over
Smoke from Washington's biggest forest fire in 15 years - the Raft
River fire - hung over Portland Saturday with a density which brought
acrid smells and caused eyes to water for many residents.
Fair but smoky skies were predicted by the Weather Bureau through
Saturday, with variable clouds Sunday and a 10 per cent chance of rain.
A high temperature of 90 is predicted Sunday.
The smoke from the fire on the Quinault Indian Reservation in the
northwestern part of Washington blanketed the Willamette Valley as far
south as Eugene.
AN OFFICIAL in the Washington State Department of Natural Resources
said the fire was kept from spreading throughout the early hours
Saturday. It covers approximately 3,500 acres. He said smoke continued
to drift toward Oregon Saturday, but was thinning out.
Increased air pollution caused by the fire prompted the Oregon State
Sanitary Authority to discontinue the issuance of all burning permits
until noon Saturday throughout all Willamette Valley counties east of
the Coast Range, including Columbia County.
The action was taken under the provisions of a new law allowing the
fire marshal in cooperation with the Sanitary Authority to halt the
issuance or permits when weather conditions are unfavorable to smoke
disperson. Tjhis is the
(ILLEGIBLE)
(ILLEGIBLE)
NUMBER of men battling the fire has risen to 500. Most of a 10-mile
fire trail being built around the fire is expected to be completed by
Saturday night.
The Washington state official said the fire will be contained when
the trial is completed.
Equipment being used to fight the fire included 21 bulldozers, two
helicopters and one airplane with inframed camera equipment used to
photograph the worst spares.
HEL-009-1745-1747
HEL-009-1745-1747
COMM OF INDIAN AFF DOI BIA ASST COMM ECONOMIC DVLP
670720
CORRESPONDENCE
SKARRA, P E BR OF FORESTRY
Forestry 791-67 misc
670720
Commissioner of Indian Affairs Through: Assistant Commissioner,
Economic Development
Chief, Branch of Forestry
Raft River Fire, Quinault Indian Reservation
The attached article which appeared in the Portland, Oregon Journal
on 000715 describes the widespread effect of smoke from the Quinault
Indian Reservation forest fire. We reported information on this fire in
earlier memoranda.
The acreage covered by the fire is reported at about 6,000 acres
rather than 3,500 acres given in the article. Firelines are still
holding and suppression forces have now moved into mopup work.
On the southwest reservations where forest fire danger was extremely
critical several weeks ago, summer rains have significantly improved the
situation. Reports from Albuquerque, Phonix, and Navajo areas all
indicate lessened danger. The northwest continues with critical
conditions.
Perry E. Skarra Perry E. Skarra Chief, Branch of Forestry
Enclosure
cc: 300 Surname Forestry Chrony Mailroom Chrony Holdup
PESkarra:mmw:670720
HEL-009-1748-1748
HEL-009-1748-1748
COMM OF INDIAN AFF DOI BIA ECONOMIC DVLP
670714
CORRESPONDENCE
CHESTER, C E BR OF FORESTRY
Form 5-387
650600
UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
CENTRAL OFFICE ROUTE SLIP
NOTE: Indicate routing order by priority number (1, 2, 3, etc.) -
Strike out office when cleared.
SUBJECT
Report of forest fire on Quinault Res.
ATTACHMENTS
Memo to Ass't Sec., PLM
FILE REFERENCE
FROM (Name and Officer)
CEChester, branch of Forestry Code 330
PHONE 33163
DATE ROUTED
670714
Table not keyed see original
HEL-009-1751-1751
HEL-009-1751-1752
COMM DOI BIA DEPUTY COMM DOI BIA ASST COMM ECONOMIC DVLP
670717
CORRESPONDENCE
CHESTER, C E
ROUGH DRAFT:CEChester:kmw:670717
MEMORANDUM
To: Richard K. Ely
From: Charles E. Chester
Subject: The Quinault Fire
I received a call from Greg Stevens at approximately 3 p.m., Friday,
670714. He advised me that Don Clark had reported a fire which started
at 3:15 to 3:30 p.m. on 670713 on private lands. The Esses Log Company
operations located in Section 15, Township 23 North, Range 12 West. The
fire spread into Section 25, 23 North, 12 West and 36, 23 North, Range
West. Winds at the time the fire started were reported at 55 miles per
hour. At 5 p.m. on 000713, it covered 1,000 acres. Burning and cutting
blocks numbered 55 and 52. A second fire was spotted in Section 4, 22
North, Range West. On 000714, winds were reported at 8 miles per hour.
Heavy equipment and helicopters were being used to control the fire.
Clark reported at 12:17 p.m. on 000714, the fire has spread to 2,000
acres and was still uncontrolled. The State of Washington was issuing
closing orders. At this time the fire was burning mostly in Cutover
with no material damage to clear timber. The burnt area is in the old
Queets Unit, and extended from Section 15 to 35 mostly on fee patent
lands. Ranier and Aloha Logging Companies are assuming full control in
their respective units under the supervision of the state. Men from 5
big jyppo loggers were in the area and it was estimated 600 to 700 men
were on the fireline. Northwest winds had pushed the smoke into Oregon.
No estimate of cost or hour of control was given. Greg reported
extreme critical fire danger existed in the Northwest. I called Bill
Barry at 3:30 p.m. to 3:45 p.m.
HEL-009-1752-1752
HEL-009-1751-1752
ELY, R K
670515
CORRESPONDENCE
ANDERSON, H R DOI BIA DC
INDIAN
cc. 791-67
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS WASHINGTON D. C.
TELETYPE
Forestry
1472201 RES. MGT., BIA, 670000 (1804.3)
670512
ASSISTANT SECRETARY P. L. M.
670515
DALE M. BALDWIN, AREA DIRECTOR BUREAU OF INDIAN AFFAIRS PORTLAND,
OREGON
REURLET 5-5-67 ON AUTHORITY TO EXCEED $5,000 LIMITATION OF TIMBER
SALE TO TRIBAL MEMBER REQUESTED BY QUINAULT TRIBAL BUSINESS COMMITTEE
RESOLUTION NO. 67-15. ALTHOUGH YOUR LETTER DID NOT MAKE POSITIVE
RECOMMENDATION, YOU ARE AUTHORIZED, IN YOUR DISCRETION IN THIS CASE ONLY
TO EXCEED THE $5,000 LIMITATION PROVIDED ALL OTHER CONDITIONS OF 25 CFR
141.9 ARE MET.
(Sgd) Harry R. Anderson Assistant SECRETARY OF THE INTERIOR
cc: Secretarial File Copy Reading File Copy
For Signiture
670512
To Secretary
PERRY E. SKARRA, BRANCH OF FORESTRY
670511 - 3:34 p.m.
343-3163
STATEMENT OF STATUS OF QUINAULT RANGER STATION QUINAULT INDIAN
RESERVATION, WASHINGTON
Inasuch as the Quinault Tribal Business Committee was strongly
opposed to legislation that would transfer the land and facilities of
the Quinault Ranger Station to the State of Washington, an alternative
lease arrangement was negotiated with the State of Washington,
Department of Natural Resources. The terms of the agreement are set
forth as Article V in the Cooperative Fire Protection Agreement between
BIA and the State of Washington, Department of Natural Resources.
Briefly stated, the State is granted the use of the facilitices for
ten years, beginning 630101, at an annual fee of $3,300, with an option
to renew for an additional ten years at a renegotiated rate. The State
is to repair, reconstruct and maintain the building and improvements to
the satisfaction of BIA.
The State further agrees that, should equal facilities be made
available elsewhere by the Tribe or BIA, they will accept such
facilities and vacate the Ranger Station. The agreement further
provides that the Tribe will would not be required to expend more than
the valuation of the Ranger Station at the time the facilities are
offered.
Prepared for Julia Butler Hansen re: Budget Hearings 670412 on
Supplemental Fire Suppression Funds.
RKEly: wm 670412 Surname Forestry Chrony Holdup (orig.& 5 to 510)
Rewrite per HGreen (see insert) 670413
cc: 791-67 (WW Misc)
RECEIVED
670331
670223
WESTERN WASHINGTON AGENCY
VOLUME & VALUE OF TIMBER CUT UNDER CONTRACT, PAID PERMIT, & SPECIAL
ALLOTMENT TIMBER CUTTING PERMITS FISCAL YEARS 620000-660000
Table not keyed, see original
Budget figures for F.Y. 610000-630000 included Volume & Value of
timber cut under Contract and Paid Permit. Western Washington Agency
erroneously included Special Allotment Timber Cutting Permits is F.Y.
620000. (Per talcon. with Winonm Longes 670202.) The volume and value
cut under contract and paid permit only for F.Y. 630000 are as follows:
630000 105,663 103,754 1,111,059 1,097,599
cc: Bureau Surname 662-66 3658-66 987-66 CR66-62 Forestry chrony
Holdup CAGraham:alr 670223
HEL-009-1753-1755
HEL-009-1753-1755
BALDWIN, D M DOI BIA PORTLAND
670127
CORRESPONDENCE
EARLE
670127
Dear Perry,
I am enclosing a memorandum from Dick Neely relative to ordnances
which the Quinault Business Committee has proposed to put into effect in
the Quinault Reservation. The indication that the Tribe would have
authority to establish zoning restrictions and to control road use
charges on fee lands and privately built roads within the reservation
has wide implications, I can see that this position will be a real juicy
one for the attorneys to carry to the Supreme Court. Actually I believe
that Neely's opinion should be reviewed by the Washington Office
Solicitors before it is made available to the Indians. Unfortunately,
it will probably get into the hands of Jim Jackson before anyone at
Washington has a chance to review it.
Earle
HEL-009-1756-1756
HEL-009-1756-1761
PERRY
670116
CORRESPONDENCE
NEELY, C R OFF OF REGIONAL SOL
RECEIVED
670117
(ILLEGIBLE)
Copy of Log & Cecil Ailbee
OPTIONAL FORM NO. 10
620500 EDITION
U.S.A. PPMR (41 CFR) 141-11.8
UNITED STATES GOVERNMENT
Memorandum
DATE: 670116
Cliff Blackburn
TO: Area Reservation Programs Officer, BIA
FROM: Office of the Regional Solicitor, Portland
SUBJECT: Proposed Quinault interim zoning regulations and platting
ordinance.
We are returning the drafts of the proposed ordinance relating to
platting and a proposed interim zoning ordinance for the Quinault
Reservation. These ordinances have been reviewed with the Quinault
Planning Commission and Mr. Cecil Allbee at a meeting on Saturday
000114. Mr. Allbee advised the Planning Commission that he intended to
completely redraft the proposed platting ordinance and for this reason
the ordinance was not discussed.
The proposed zoning ordinance was discussed in some detail and it was
suggested that a new purpose clause be drafted more in keeping with the
actual factual situation existing on the reservation. Mr. Patterson,
the Secretary of the Planning Commission, had drafted a new purpose
clause and Mr. Allbee intends to incorporate it in the next draft of the
zoning ordinance. It was also brought out that the purpose of an
interim zoning ordinance is to freeze the existing situation or preserve
the status quo. We suggested that definite zones be established
somewhat in conformance with the uses now being made on the reservation.
The Planning Commission should then study land use in some detail and
hold hearings regarding such use for the purpose of enacting a
comprehensive zoning ordinance. The zones previously established by the
interim ordinance may be changed or modified for the purpose of
providing some degree of permanency regarding future land use on the
reservation.
It appears that their principal problem is the area west of the
present highway leading to Taholah which fronts on the beach. The Tribe
wishes to stop further construction in this area until such time as a
comprehensive land use plan can be developed.
The attorneys for the Quinault Tribe have recently given their
opinion to the effect that the Tribe has the authority to enact zoning
for the entire reservation including fee owned land as well as trust
land. The Tribe intends to proceed on this basis. The question of the
Tribe's jurisdiction to enact zoning regulations affecting fee owned
land is a legal question that is not free from doubt. We believe an
argument can be made that the Tribe has such authority. We further
believe that the United States should attempt to sustain the Tribe's
jurisdiction over fee owned land for the purpose of zoning and land use.
From a practical standpoint zoning would be completely ineffective on
the Quinault Reservation unless the Tribe has authority to zone the
entire area.
The Tribe proposes to enact an interim zoning ordinance within 30 to
60 days and we suggest that discussions be commenced with the Washington
office as to whether the Secretary will approve an ordinance which
attempts to control the use of fee owned property. We note that in the
proposed draft of new legislation to be submitted to Congress providing
for the economical development of the resources of individual Indians
and Indian tribes section 113 provides for zoning ordinances regulating
the use and development of "Indian owned land within the territorial
jurisdiction of the Tribe." From this we infer that there may be some
question in the Washington office as to whether an Indian tribe has
authority to zone fee owned land and therefore there may be opposition
to approving an ordinance providing for such control. We believe the
Tribe should have this control and that the United States should support
them in their position. We intend to submit a proposal that section 113
be revised to clearly provide for tribal zoning authority over all areas
of a reservation except for incorporated towns.
For the Regional Solicitor
(ILLEGIBLE) C. Richard Neely Attorney
Encl:
UTILITY REGULATING ORDINANCE DRAFT QUINAULT INDIAN TRIBE OF
WASHINGTON
AN ORDINANCE PROVIDING INTERIN UTILITY REGULATIONS FOR THE QUINAULT
INDIAN RESERVATION PENDING THE ADOPTION OF A COMPREHENSIVE PLAN OF
DEVELOPMENT OR SEPERATION FOR THE RESERVATION NOW IN THE PROCESS OF
PREPARATION AND PROVIDING PENALTY FOR THE VIOLATION THEREOF.
WHEREAS, by solomn treaty with the Quinault Tribe, proclaimed by
President James Buchanan on 590411, 1.2 Stat. 971, the United States
agreed to establish a reservation for the Quinault Tribe, and covenated
that
"no white man shall be permitted to reside thereon without permission
of the tribe and of the superintendent of Indian Affairs or Indian
Agent,"
WHEREAS, by Executive order of 731104, I Kepp. 923, President Ulyses
S. Grant, in compliance with the treaty, established the Quinault
Reservation at its present location, within the area where the Quinault
Indians had lived since time inmemorial, and
WHEREAS, the Attorney General of the United States, 23 OP.AG, 214,
has ruled that
"the legal right to purchase land within an Indian nation gives to
the purchaser no right of exemption from the laws of such nation +++
these nations (are fully authorized) to absolutely exclude outsiders or
to permit their residence or business upon such terms as they may choose
to impose +++" and the Solicitor of the United States Department of the
Department of the Interior, 55 I,D, 14, has rulled that
"over all the lands of the reservation, whether owned by the tribe,
by members thereof, or by outsiders, the tribe has the sovereign power
of determining the conditions upon which persons shall be permitted to
enter its domain, to reside therein, and to do business +++"
Which principal has sustained by the Supreme Court of the United
States, see Morris versus Uitchcock, 194 U.S. 304, and by other courts,
and
SECTION 1. PURPOSE: The Quinault Indian Reservation is now largely
undeveloped. The Reservation being one of the prime sources of timber
on the Peninsula is in need of regulations of an orderly means of
economic development. In order to regulate present growth at to direct
it in a manner baronions to the ultimate goals of the residents of the
Quinault Indian Reservation and interim utility residence is needed.
SECTIOIN 2. INTENT: The Quinault Tribe of Washington intends that
in the best interests of all persons residing on the Reservation, the
tribe from this day on will control all utilities on the Reservation,
issuing permits and approving rates that are charged by all who operate
a utility to assure that prudent and reasonable rates are charged. This
ordinance shall govern three main groups of utilities: electrical,
water & gas, and roads, highways, trails and accesses.
HEL-009-1757-1761
HEL-009-1756-1761
BLACKBURN, C DOI BIA
701221
CORRESPONDENCE
PAO BR OF FORESTRY
5-349d
660500
73A-1106
#49
14/15:12-3
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.
cr: 17823-57-339 9014-62-339 433-71-339
CLOSED (700000)
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.
FOR ATTENTION OF: Forestry Program
FROM Portland Area Office Branch of Forestry
701221
SUBJECT Attached copies of Quinault Newsletters 41 and 42 re Taholah
and Crane Creek stumpage appeals.
Copy: Lm, attn: N. Edwards 310,300,200,100.
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WESTERN WASHINGTON AGENCY
FEDERAL BUILDING, 3006 COLBY AVENUE
Everett, Wa 98201
QUINAULT NEWSLETTER NO. 42
CRANE CREEK UNIT STUMPAGE APPEAL SETTLED
The Secretary of the Interior has authorized the Commissioner of
Indian Affairs to disburse the funds being held in escrow, including
accumulated interest. The withholding of funds has been discontinued
and stumpage payments received for timber scaled in 701000 and
thereafter will be paid out in full. The distribution of the
accumulated escrow money and interest should be completed in 710100.
REFORESTATION
Plans are to plant 275,000 trees on approximately 1,000 acres with
two year old transplants of Douglas fir and Sitka spruce. About 200
acres of this is in the Crane Creek Unit north of Highway 101, seven
acres of burn area in the Taholah Unit and the balance in the old Cook
Creek Area. Much of the area required scarification and this will be
completed before planting is begun in 001200. Streamside planting of
cottonwood will begin the first part of 710000. The Quinault Tribe is
doing the planting under a contract with the BIA.
SLASH DISPOSAL
Exhaustive efforts are being made to develop methods of slash
disposal other than by burning on the Quinault Reservation. Plans are
to experiment on the feasibility of utilizing the waste material by
chipping it for pulping purposes. Also considered is the use of a
portable sawmill. Should a successful method be developed, it will
prepare the ground at the same time for easier seeding and/or planting.
MISTLETOE CONTROL
A Mistletoe Control Project will be started about the middle of
001200. in cut-over areas of the Crane Creek and Taholah Logging Units.
All residual infected standing hemlock trees will be treated to prevent
spread of the disease to newly developed natural reproduction. The BIA
has contracted this project to the Quinault Tribe.
Date: 701125
George M. Felshaw Superintendent
FORM 5-387
670400
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
CENTRAL OFFICE ROUTE SLIP
SUBJECT Quinault Newsletter re Crane Creek & Taholah Stumpage
appeals.
FROM (Name and office) Forestry Program Code 340
PHONE 33163
DATE ROUTED 701224
Route to Code Released COMMENTS
Initial Date
AMV 001228
CPG 1/11
FTC 1/11
APL 1/12
340
HEL-009-1762-1765
HEL-009-1762-1765
COMM DOI BIA BR OF FORESTRY
701112
CORRESPONDENCE
PAO BR OF FORESTRY
Form 5-348
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.
TO: Commissioner.
FROM Portland Area Office Branch of Forestry
701112
SUBJECT Attached copies of Quinault Newsletter No. 41, Taholah
Logging Unit Stumpage Appeal Settled.
cc - wilcox
cc w/write sheet: LM, attn N. Edusida 310,300 200,100
701117 - wm
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
QUINAULT NEWSLETTER NO. 41
TAHOLAH LOGGING UNIT STUMPAGE APPEAL SETTLED
The Secretary of the Interior has authorized the Commissioner of
Indian Affairs to disburse the appropriate monies held in escrow from
the stumpage revision appeal by Aloha Lumber Corporation. The
compromised settlement was made and concurred by the Quinault Tribe, the
Quinault Allottee Committee, and Aloha Lumber Corporation. Computations
of funds due each timber owner are complicated by several factors.
Aloha overpaid stumpage rates during 660000 and 670000. The refund
must be calculated by species on each allotment that had timber cut
during these two years. The Secretary has allowed a refund of interest
accruing on the overpayment.
Funds withheld, minus the overpayment, between 660100 and 700531, are
divided 95% to the timber owners and 5% to Aloha Lumber Corporation with
the interest prorated in the same proportion. This division of escrow
and interest was one of the settlement items agreed on by the parties to
the appeal settlement. The above funds are accounted for on the timber
ledgers for each allotment by species. Therefore an accounting
adjustment is necessary for each allotment in order to balance out
individual accounts and to credit the individual species with their
proper stumpage accumulation.
Stumpage withheld during 700600, 700700 and 700800 will be disbursed
in total to the timber owners. This will be done immediately and as a
separate transaction.
The escrow funds drew interest at varying rates and will necessitate
extreme care in computing amounts due each allotment.
Final payment of the escrow funds, overpayment, and interest accrual
will be made when ledger balances are satisfied for the 300 plus
allotments involved. It is estimated that two or three months will be
required to complete the disbursement.
ITT RAYONIER INCORPORATED APPEAL
It is anticipated the appeal of stumpage revisions by ITT Rayonier
Incorporated will receive final consideration in the near future.
701028
George M. Felshaw Superintendent
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS Western
Washington Agency Federal Building, 3006 Colby Avenue Everett,
Washington 98201
SPECIAL NOTICE TO QUINAULT ALLOTMENT OWNERS
HEARING ON STUMPAGE REVISION APPEAL - ITT RAYONIER INC., 700514,
HOQUIAM CITY HALL, HOQUIAM, WASHINGTON
The hearing on the appeal of ITT Rayonier Inc., over the establishing
of new stumpage rates on the Crane Creek Contract was held 700513. ITT
Rayonier Inc. did not have any oral testimony to present, and asked to
be granted 10 days in order to file a written presentation.
The Quinault Tribe, represented by Mr. James Jackson, stated that a
decision should be made as soon as possible, and that the logging should
be closed down until the appeal is settled. He also stated that the
Quinault Tribe would become more involved in everything that happens
inside the reservation boundaries.
As a result of the hearing, Mr. Newton Edwards granted ITT Rayonier's
request for 10 days to submit a written presentation and also granted 10
additional days for any cross replies.
George M Felshaw Superintendent
700527
FORESTRY ACTIVITIES QUINAULT INDIAN RESERVATION CALENDAR YEAR 690000
TIMBER SALES:
Crane Creek and Taholah Units:
During 690000, the greatest work load was expended on the
administration of the Crane Creek and Taholah Timber Sales on the
Quinault Reservation. From the Crane Creek Unit, 63,341,000 board feet
of timber valued at $2,050,107 was harvested. On the Taholah Unit,
80,633,000 board feet of timber, valued at $2,001,916 was harvested.
Because of the Appeal by Aloha Lumber Corporation of stumpage rates made
effective 660101, instructions were received to withhold the difference
between the rates made effective 641201, and those rates made effective
660101, in a special account. In 680400, a decision was made between
the Secretary and the purchaser where part of the receipts being
withheld were released. On 690101, the stumpage rates on both of these
units were increased. On 690701, the stumpage rates were again
increased. Because of this increase, both Aloha Lumber Corporation and
ITT Rayonier Incorporated appealed these rates. The value of this
difference for Aloha Lumber Corporation for 690000 is $1,035,875.76.
The value of this difference since Aloha's Appeal in 660000 is
$1,888,727.64. The value of this difference for ITT Rayonier
Incorporated for 690000 is $476,403.97. The total value withheld on
both appeals is $2,365,131.61.
Logging plans of ITT Rayonier Incorporated and the Aloha Lumber
Corporation were received in 691200. The review involved inspection of
the logging blocks in the field, on aerial photographs and cut-out
comparisons with logged-over blocks. The size and shape of blocks,
terrain, timber types and condition classes, percent of species and
other factors were taken into consideration. Volumes by species were
estimated. Consultations were held with the Quinault Allottee
Committee. In recommending approval of the plans, special requests were
made where necessary for the operators to take care in logging to keep
streams clear of logging debris and to protect fish populations.
Special requests by allottees to have their allotments wholly or
partially logged were considered wherever possible.
Percent composition of the timber removed from these logging units
during the year was as follows: Western white pine - 1.0%; Pacific
silver fir - 5.2%; Western redcedar - 59.7%; Sitka spruce - 4.3%;
Douglas fir - 0.5%; and Western hemlock - 29.2%.
PERMITS:
Special Allotment:
Fifteen Special Allotment Timber Cutting Permits were issued, having
an estimated volume of 24,518,000 board feet, and an estimated value of
$1,116,890. All of these permits were purchased by Indian operators.
Free Use:
Forty-three free use cutting permits were issued during the year, of
which 42 pertained to allotted lands and one for Tribal land. Products
cut under these permits were mostly cedar shakeboards. The estimated
volume removed was 2,105,000 board feet, for an estimated value of
$21,200.
OTHER ACTIVITIES:
Salvage operations on the Taholah and Crane Creek Logging Units
produced a total volume of 4,178,000 board feet for a value of $31,093.
Of this amount, the number of shakeboards produced was 1,671,373, for a
volume of 3,371,000 board feet, and a value of $28,321. The volume
includes 28,100 board feet of burned shake material for which there was
no piece count. Also there was 1,614 cords of cordwood removed for a
volume of 807,000 board feet and a value of $2,772.
FOREST INVENTORY:
During the year, seven allotments were cruised for timber sale
purposes. Twenty-two tracts were cruised for Special Allotment Timber
Cutting Permits. Thirty-six cruises were made for the Branch of Realty.
One tract for right-of-way purposes and four inspections were made of
experimental plots.
CHECK SCALING:
Ten percent of the total log scale production on the Quinault
Reservation was checked during the year. The difference was -0.27
percent, which shows the Grays Harbor Log Scaling and Grading Bureau
scalers are performing an acceptable job. Check scaling services were
also performed on Annette Island, Alaska.
STREAM CLEARANCE:
Special attention continues to be directed toward the problem of
stream clearance and the observation of logging adjacent to streams to
eliminate accumulations of logging debris (ILLEGIBLE) streams. Stream
clearance requirements in contracts are being spelled-out more
specifically than in the past.
FIRE PROTECTION:
The State of Washington continues to protect all forest lands in
Western Washington. The total number of fires on all reservations was
14, burning a total of six acres. Seven of these fires occurred on the
Quinault Reservation, burning a total of three acres.
SAFETY:
There were no lost time accidents in the Branch of Forestry.
REFORESTATION:
During 690000, funds in the amount of $90,000 were obtained for a
reforestation program and a contract under the "Buy Indian Act" was made
with the Quinault Tribe. Site preparation began in 001100 and by
691231, 115 acres had been scarified. Tree planting began in December
and by the end of the year, 30,000 seedlings were planted on 193 acres
of land. Species planted were Grand Fir and Sitka spruce.
700527
George M. Felshaw Superintendent
WESTERN WASHINGTON INDIAN AGENCY Federal Building, 3006 Colby Avenue
Everett, Washington 98201
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS Western
Washington Agency Federal Building, 3006 Colby Avenue Everett,
Washington 98201
SPECIAL NOTICE TO QUINAULT ALLOTMENT OWNERS
ADMINISTRATIVE FEE DEDUCTIONS FROM PROCEEDS OF TIMBER SALES -
QUINAULT RESERVATION, WASHINGTON
Acting Associate Commissioner's memorandum dated 700315 authorizes a
deduction of eight (8) percent from Quinault timber sale receipts
effective 700401, instead of the ten (10) percent fee previously
charged. The five (5) percent deduction for sales where less
administrative work is involved will remain in effect. At such time as
the trend of timber prices and government expenditures indicate that
some adjustment should be made, the percent will be increased or
decreased accordingly.
A continuing effort is being made to have administrative fee monies
returned to the source so that additional forest rehabilitation work can
be conducted.
George M. Felshaw Superintendent
700402
WESTERN WASHINGTON INDIAN AGENCY Federal Building, 3006 Colby Avenue
Everett, Washington 98201
Postage and Fees Paid Department of the Interior
HEL-009-1766-1773
HEL-009-1766-1773
COMM DOI BIA BR OF FORESTRY
700119
CORRESPONDENCE
MITCHELL, H
Mrs. Helen Mitchell P.O. Box 66 Oakville, Washington 700119
TO: All Persons Owning Allotments on the Quinault Reservation
Dear Fellow Allottee:
For many years we allottees on the Quinault Reservation have felt
that we were not receiving fair stumpage prices, that 10% charges were
illegally deducted from our stumpage sales, that our timber was not
being managed as officiently as it should, and that the Bureau of Indian
Affairs and the logging companies were not paying enough attention to
our interests. We have not done anything about these matters because we
were not organized.
At last we are organized, and we are doing something. We have formed
the Quinault Allottees association to protect our interests. This is an
informal association which every allottee on the Quinault Reservation is
eligible to join. The allottees elect a Committee each year to handle
business. This year the meeting will be on 000327, see the last
paragraph of this letter. The Committee is recognized by the Department
of Interior as a spokesman for the allottees. It consists of a
chairman, six other members, and four alternate members. The members
this year are: Helen Mitchell (chairman), Anna Koontz, Herbert
Capoeman, Clark Reed, Daisy Slade, Johnny McCrory, and Jim Jackson. The
alternates are: Edna Ebling, Phil Martin, Julian Taylor and Karen
Riley.
The association is run strictly by the members; there are no
non-allottees telling us what to do. We work in cooperation with the
Quinault Tribe, and many allottees of course are also members of the
Tribe.
Enclosed is a report of what our attorneys have done so far. As you
can see, there has been a lot of action and there will be a lot more.
How do we pay for this? Some of the claims can be prosecuted without
financing; the attorneys will work on any claim for nothing until the
end of the case. But the best claim (the claim for recovery of
inadequate stumpage prices) requires financing to pay for investigation
and expert witnesses. And there are also some non-claims matters, like
the Aloha case, where we urgently need attorneys to represent us, but
where there will be no award to pay them. In these cases we have to pay
them as we go along.
Since the association charges no dues, we had to find another way to
handle the financing. What we did was set up a fund which is
contributed to by each allottee whenever the Bureau of Indian Affairs
makes a timber payment to him. During the start-up stages, the
contribution will be 4% until allottees representing the equivalent of
200 allotments are signed up, 3% until allottees representing the
equivalent of 400 allotments are signed up, then 2% from then on.
Anyone who pays more than 2% in the early stages will get a refund of
everything over 2% after allottees representing the equivalent of 400
allotments are signed up. The intent is that everyone will share
equally, that no one will pay a greater percent than anyone else.
Enclosed is the attorney contract and Amendment No. 1 to it, for you
to keep. You will see how it arranges for the Allottees Committee to be
set up, and instructs the attorneys to proceed with claims and other
legal work. As you see, Amendment No. 1 sets up the 2% deduction fund.
Also enclosed is our attorneys' status report to date, together with
a copy of our lawsuit in the Ten Percent case, which our attorneys filed
691224.
Please look over these papers. We hope you will agree that you
should join our organization to fight for our interests. We each have a
duty to all of our fellow allottees to stick together and speak as one.
United we are powerful; individually we are powerless.
If you are going to join us, please sign one of the blue signature
forms and return it to me. If you know the information on your
allotment, put it down. If you do not know, send in the blue form
anyway, and we will get the data from the Bureau of Indian Affairs. Use
the enclosed stamped envelope.
Feel free to ask any questions you want. I, or any other member of
the Allottees Committee, will be glad to answer them. Or, if you have a
question relating to the legal aspects, you can write our attorneys
directly--Charlie Hobbs or Jerry Straus, Wilkinson, Cragun & Barker,
1616 H Street, N.W., Washington, D.C.
There will be a meeting of all allottees on Friday night, 700327, at
8:00 p.m., at the school in Taholah. All allottees are urged to attend,
for education, discussion and voting. There will also be a special
meeting Thursday night, 000326, in Portland for allottees in the
Portland area, and another in Seattle, also on Thursday night, for
allottees in the Seattle area who cannot make it to the Taholah meeting
on 000327. A reminder of these meetings will be sent to you later. You
might also take note of the date of the annual Quinault General Council
meeting, 000328.
Very truly yours,
Helen Mitchell
Helen Mitchell Chairman, Allottees Committee
Enc: Attorney Report Basic Contract Amendment No. 1 Blue Signature
Form (2)
HEL-009-1774-1775
HEL-009-1774-1780
FELLOW ALLOTEE
700109
CORRESPONDENCE
HOBBS, C A WILKINSON CRAGUN
WILKINSON CRAGUN & BARKER LAW OFFICES
1818 H STREET, N.W. WASHINGTON, D.C. 20006 NATIONAL B-4400 CABLE
ADDRESS "WILCBAR"
ERNEST L. WILKINSON JOHN W. CRAGUN (060000-690000) GLEN A. WILKINSON
ROBERT W. BARKER CHARLES A. HOBBS ANGELO A. IADAROLA PAUL S. QUINN LEON
T. KNAUER RICHARD A. BAENEN JERRY C. STRAUS HERBERT E. MARKS DONALD C.
GORMLEY General FRANCES L. HORN PIERRE J. LAFORCE RICHARD A. ZIMMERMAN
HUGH J. YARRINGTON KENNETH F. TWOROGER DOUGLAS W. MORRISON
700109
Mrs. Helen Mitchell, Chairman Quinault Allottees Committee Route 1,
Box 189 Oakville, Washington
Re: Report to the Quinault Allottees
Dear Chairman Mitchell:
This is our report on legal activities during 690000 on behalf of the
Quinault Allottees, and our plans for 700000.
1. Attorney Contract. As you will recall, the basic attorney
contract was signed by the first group of allottees on 680329. It was
approved by the Secretary of the Interior on 690812. An amendment was
added to the basic contract on 690823, and this amendment was approved
by the Secretary on 691125. So the contract situation is now completely
in order.
However, the signature situation is not very good yet. At present
about 70 allottees have signed the contract and the amendment. About
100 more allottees have signed the basic contract but have not yet
signed the amendment. Assuming that all them eventually sign the
amendment, that means that about 170 allottees have signed up, out of
1200 allottees. This is not very many, and we hope that eventually most
of the 1200. allottees will sign up, so that the Allottees Committee
can say that it represents most of the allottees, and therefore can
speak for all of them.
We not that when allottees owning the equivalent of 400 allotments in
full have been signed up, the contributions to the Allottees Fund drop
down to 2%, and the attorney fee on claims matters drops from 20% to
15%. The legal arrangement was set up on the assumption that the
equivalent of at least 400 allotments would be signed up.
2. Allottees Fund. So far no money has been paid into the Fund. We
are able to proceed on the Ten Percent claim because expenses are small
and we can advance them from our own pockets. And we have been working
on the Aloha case knowing we could not be paid until some money came
into the Fund. But certain other work cannot even be started without
money in advance. This is true of one of the largest and most promising
cases, wherein we will seek additional stumpage payments on prior
stumpage sales. If this case is successful, the award could involve
millions of dollars. Yet, the case cannot be filed in court until
certain analyses and investigations are completed by independent timber
experts, who must be paid in advance.
As we understand it, a few of the allottees are going to put up
$10,000 to pay timber experts. Now that Amendment No. 1 has been
approved, the allottees who contribute the $10,000 can get all of it
back eventually out of the Allottees Fund. We hope this money will be
available soon, so that we can begin negotiating contracts with timber
experts.
3. Ten Percent Claim. This claim challenges the administrative
charges deducted by the Bureau of Indian Affairs from stumpage proceeds,
going back tp 100000. If this claim is fully successful, every
restricted Indian allottee who ever had to pay these charges will get a
refund. If the allottee is deceased, his heirs would get it. On 691224
we filed a test case in the Court of Claims for Horton Capoeman. A copy
of the complaint is attached. The ruling in this case should govern the
outcome in all other similar cases. We hope for ruling by late 700000
or early 710000.
The legal expenses in this case should be very small, and the
attorneys will advance them until the Allottees Fund is able to pay
them. There will be no attorney fee unless the case is successful.
4. Inadequate Stumpage Claim. In this claim we hope to prove that
the Seretary's stumpage determinations over the years have been too low,
and that the allottees should receive additional proceeds from past
stumpage sales.
Initial indications are that this claim is a good one. The next step
is to hire two timber experts to collect and analyze the facts in
detail, and give us a final opinion as to whether the claim is a good
one, which we think it is. The cost of this investigation might run as
high as $10,000 or higher, and the experts will have to be paid at least
part of their fees in advance. The attorneys will be involved too,
Mrs. Helen Mitchell
690109 but they will only be entitled to payment of their expenses,
which will consist mostly of travel expenses (but no fees their
contingent fee is payable only if and when the claim is successful).
5. Aloha Lumber Corp. v. Udall. In this case, the Aloha Lumber
Corporation is challenging a stumpage determination made by the
Secretary of the Interior several years ago, which established newer and
higher stumpage rates for timber cut and removed from the Taholah
logging unit of the Quinault Indian Reservation. On 691006, the federal
District Court in Tacoma ruled partly in Aloha's favor and partly in the
Secretary's favor, and sent the case back to the Secretary for further
proceedings. Aloha appealed, on the ground the District Court should
have ruled more in Aloha's favor. An appeal may also be brought by the
Secretary of the Interior and the allottees of the Reservation.
After the appeal is finished, the case will go back to the Secretary
of the Interior for a new decision on the question of stumpage rates.
When that happens, we will attempt to establish that the stumpage rates
determined by the Secretary are too low and should be increased. We
could not urge this position earlier, when the case was before the
Secretary for the first time, because the allottees were not organized
to say what their position was, and had no attorneys.
It is significant to note that the Aloha case directly affects those
owners of timber allotments located in the Crane Creek unit as well as
those in the Taholah unit. In 690000, the Secretary established revised
rates for stumpage for both the Taholah and Crane Creek units, and we
are advised that both Aloha and Rayonier have filed appeals from these
determinations. If it is ultimately determined that the Secretary's
stumpage rates on the Taholah unit are too high, as Aloha argues, this
is bound to adversely affect the pending appeal by Rayonier with respect
to the Crane Creek unit and Aloha's appeal on the Taholah unit and will
probably lead to lower stumpage rates in the future on the Crane Creek
as well as on the Taholah units.
Strong legal representation of the allottees is very important in
this case. Since there will be no award out of which we could collect
an attorney fee, we have agreed to work on a straight time fee basis.
On this basis we are entitled to be paid currently, but since the
Allottees Fund has no money yet, we have agreed to defer our bills for a
while. We have devoted a great deal of time to the Aloha matter so far,
and expect to continue to do so.
Mrs. Helen Mitchell
700109
6. Renegotiation Matter. After the Aloha case is finished, and
perhaps earlier, it will be time to take a close look at the entire
cutting contract situation, to see if there are any provisions in the
contracts which are so unfair or unreasonable that they ought to be
renegotiated. Also, we will take a close look at the way the Bureau of
Indian Affairs has been administering the contracts, and if their
procedures fall short in any way, we will take steps to correct them.
These services will probably not directly lead to any award, and so
we have agreed to work on a straight time fee basis, with monthly or
quarterly payment of our bills. Until the Allottees Fund has a surplus
beyond other requirements, the Renegotiation matter will have to wait.
7. General Services. The Quinault forests are worth tens of
millions of dollars, and the annual income to the allottees from the
cutting contracts exceeds $1,000,000 a year. Any commercial activity of
this size needs a permanent General Counsel to handle day to day legal
problems. In the past the Bureau of Indian Affairs attorneys have
performed this service, but many allottees have reached the stage where
they want their own attorneys at least for the major problems.
The Allottees Committee has the power, under the approved attorney
contract, to retain us as General Counsel. This question has not come
up yet, because the Allottees Fund cannot pay for it, but we have been
providing a few minor services which fit under the heading of General
Counsel. We see no need to do anything further for the time being.
Summary of Plans for 700000
1. In 700000 we hope to complete the briefing in the Ten Percent
case, which we expect to be decided on summary judgment, without a
trial. If so, the court's decision might come down in late 700000 or
early 710000.
2. We expect to be heavily engaged in briefing the appeal in Aloha
Corp. V. Udall, and after the appeal, we expect to be heavily engaged in
the new trial before the Secretary of the Interior.
Mrs. Helen Mitchell
700109
3. As soon as $10,000 becomes available, we will hire timber experts
to begin working up the Inadequate Stumpage case.
Respectfully submitted,
WILKINSON, CRAGUN & BARKER
(ILLEGIBLE) By: Charles A. Hobbs
Encl: Complaint in Ten Percent case
cc: Members, Allottees Committee Mr. Joseph De La Cruz
HEL-009-1776-1780
HEL-009-1774-1780
MITCHELL, H QUINAULT ALLOTTEES
691202
CORRESPONDENCE
CLARK, D W BR OF FORESTRY
691202
Commissioner of Indian Affairs Through: Assistant Commissioner for
Economic Development
Acting Chief, Forestry Program
Quinault Newsletter No. 40
The enclosed copy of Quinault Newsletter No. 40, concerning the
stumpage revision appeal in the case of Aloha Lumber Corporation vs.
Stuart L. Udall, and other miscellaneous matters, may be of interest to
you.
(Sgd) Don W. Clark
Don W. Clark Acting Chief, Forestry Program
Enclosure
DWClark:vb 12-2-69
cc: 300 w/cy newsletter 435 " 350 " Surname Forestry Chrony Mailroom
Holdup
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
QUINAULT NEWSLETER NO. 40
STUMPAGE REVISION APPEAL: On 690902, Judge W. T. Beeks, under
Memorandum Order No. 7198, remanded the case of Aloha Lumber Corporation
vs. Stuart L. Udall, Secretary of the Interior, back to the Bureau of
Indian Affairs for further proceedings and more specifically to
determine the basis of certain contentions. These contentions involve
any increment in cost factors allowed in the 640000 adjustment which
were reflected in a trend in economic conditions in the West Coast
logging industry and as applied to the 660000 adjustment. Also to
determine whether certain disallowed cost have since become normal costs
for the industry and to establish a base from which to measure trends
and to further examine the profit and risk factor in the light of
economic trends.
On 691028, the Bureau of Indian Affairs submitted additional data to
the Commissioner of Indian Affairs relevant to the above items. The
outcome of this reexamination and resubmission increased the stumpage a
very slight amount. As of this date, no definite information has been
received from the Commissioner. We will keep you informed as
developments occur. This information can be examined at the Hoquiam
Forestry Office.
INDUSTRIAL FORESTRY ASSOCIATION VALUES: A slight rise occurred in
third quarter log grade values over the second quarter prices for the
Grays-Willapa Harbors District. All species rose except western
redcedar No. 1 and No. 2 sawlogs, Sitka spruce No. 1 sawlogs and western
white pine No. 2 sawlogs. For the Puget Sound District, weighted
averages for the third quarter dropped slightly over second quarter
price for western hemlock peeler and No. 1 sawlogs, and western white
pine No. 3 sawlogs.
GRAVEL FEE: The Quinault Tribal Allottee Committee is recommending
to all owners of allotted lands that 25[ per cubic yard be paid for
gravel removed from their land.
691112
John W Bushman Acting Superintendent
cc: 2298-67 Litsjotin File Hon. Julis Butler Hansen Asst Sec. PLM (N
Edwards) Commissioner 300 350 435 Forestry Service Center
HEL-009-1781-1782
HEL-009-1781-1782
COMM OF INDIAN AFF ASST COMM ECONOMIC DVLP
680911
CORRESPONDENCE
NORWOOD, J L DOI BIA
Forestry 2298-67
690911
Memorandum
To: Assistant Secretary, Public Land Management Through: Staff
Assistant Newton Edwards
From: Commissioner of Indian Affairs
Subject: Newsletter, Quinault Indian Reservation
The enclosed copy of Quinault Newsletter No. 39, concerning the
latest increase in stumpage prices, and present status of the appeal of
stumpage rates on the Crane Creek and Taholah Logging Units, Western
Washington, may be of interest to you.
(Sgd) J. L. Norwood Acting Commissioner
DEPUTY
Enclosure
cc: LM--Staff Asst. N. Edwards w/cy newsletter 300 w/cy newsletter
Surname Forest Chrony, Holdup Mailroom WRMartin 690909
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS Western
Washington Agency Federal Building, 3006 Colby Avenue Everett,
Washington 98201
SPECIAL NOTICE TO QUINAULT ALLOTMENT OWNERS
APPEAL OF STUMPAGE RATES - EFFECTIVE 690701
ITT Rayonier Incorporated has filed an appeal from the stumpage
prices which the Commissioner of Indian Affairs made effective 690701,
on the Crane Creek Logging Unit.
Quinault Newsletter No. 39 showed certain new stumpage rates
effective 690701. Slight adjustments in these were necessary because of
adjustments made by the Industrial Forestry Association in first quarter
log grade prices.
The new adjusted rates, old rates and increases are indicated as
follows:
Species Old Rate New Rate Increase
Western redcedar $29.73 $50.11 $20.38
Western hemlock 32.78 42.12 9.34
P. silver fir 31.62 41.29 9.67
Sitka spruce 59.77 90.98 31.21
Douglas-fir 48.68 59.72 11.04
White pine 22.14 33.14 11.00
Pending decision of the appeal, the Western Washington Agency
Superintendent will retain in a Special Deposit Account the difference
in value represented by the stumpage prices which were in effect 690101
to 690630, and those which became effective 690701.
George M. Felshaw Superintendent
690909
WESTERN WASHINGTON INDIAN AGENCY Federal Building, 3006 Colby Avenue
Everett, Washington 98201
Postage and Fees Paid Department of the Interior
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
QUINAULT NEWSLETTER NO. 39
STUMPAGE PRICES INCREASED:
As a result of extensive studies of economic conditions in the West
Coast forest products industries, and after consultations with ITT
Rayonier Incorporated and the Aloha Lumber Corporation, considerable
increases in stumpage rates have been established for timber under both
the Crane Creek and Taholah Logging Unit contracts. Increases have
resulted generally from activities in the export market.
The Commissioner of Indian Affairs has notified the companies that
the new stumpage rates will become effective 690701. The following
table shows the new and old rates for each logging unit, together with
the rate increases for each species:
STUMPAGE RATES PER MBM
Table not keyed see original
#Rates made effective by Commissioner 690101.
recovery from the Taholah Logging Unit. The actual rates to be paid for
timber logged after 690701, will be computed monthly using approved log
grade prices. The computations are in accordance with the Secretary's
modified decision of 681020.
COURT CASE: Aloha Lumber Corporation v. Udall, Civil No. 7198 U.S.
District Court, Seattle, Washington
This case pertains to adjusted stumpage rates under the Taholah
Logging Unit contract on the Quinault Reservation pursuant to the
decision of the Secretary of the Interior dated 670310. On 690626,
Judge Beeks met with the attorneys for all parties at an informal
conference in the court house. The judge stated that it was his hope
that all of the parties could arrive at a satisfactory solution, not
only as to the stumpage adjustment presently in contention but as to a
procedure for future adjustments, without the necessity of the court
making a decision. So that all parties could explore the possibility of
settlement, Judge Beeks reset the date for argument for 690808.
APPEAL OF STUMPAGE RATES Effective 690701
Following the establishment of new stumpage rates on both the Crane
Creek and Taholah Logging Units, effective 690701, both Aloha Lumber
Corporation and ITT Rayonier Incorporated filed appeals with the
Secretary of the Interior protesting rates established by the
Commissioner. We are hopeful that the Secretary will advice us soon
regarding the handling of the new rates.
John B. Benedette Acting Superintendent
690730
WESTERN WASHINGTON INDIAN AGENCY Federal Building, 3006 Colby Avenue
Everett, Washington 98201
Postage and Fees Paid Department of the Interior
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everette, Washington 98201
SPECIAL NOTICE TO QUINAULT ALLOTMENT OWNERS
A review of stumpage rates on the Crane Creek and Taholah Logging
Units has been conducted by our Forestry Staff and the Portland Area
Office Forestry Staff. Based on the results of this study, the
Commissioner has notified both ITT Rayonier Incorporated and the Aloha
Lumber Corporation advising them of intentions to revise the stumpage
rates on both logging units. Consultations will be held with the
purchasers within the thirty day period ending 690627.
For the purpose of informing allottees, a meeting has been scheduled
for 690624, in the Council Chambers of the Hoquiam City Hall between
2:00 and 4:00 P.M. to present information relative to the stumpage rate
revision for timber in the Crane Creek and Taholah Logging Units. The
allottees who are unable to attend are invited to write to the
Superintendent at the above address with their comments.
Information pertaining to any changes in the stumpage rates will be
published in the Quinault Newsletter.
George M Telohaw Superintendent
690605
WESTERN, WASHINGTON INDIAN AGENCY Federal Building, 3006 Colby Avenue
Everett, Washington 98201
Postage and Fees Paid Department of the Interior
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
SPECIAL NOTICE TO QUINAULT ALLOTMENT OWNERS
A review of stumpage rates for cedar shakeboards on the Crane Creek
and Taholah Logging Units has been conducted by our Forestry Staff.
Based on the results of this study, the Commissioner has notified both
ITT Rayonier Incorporated and the Aloha Lumber Corporation advising them
of intentions to revise the stumpage rates for cedar shakeboards on both
logging units. Consultations will be held with the purchasers within
the thirty day period ending 690621. Consultation with each person
owning timber located on these two units is physically impossible.
However you are invited to write to the Superintendent to present your
views. Your comments will receive consideration.
Information pertaining to any changes in the stumpage rates will be
published in the Quinault Newsletter.
George M Telhow Superintendent
690528
WESTERN, WASHINGTON INDIAN AGENCY Federal Building, 3006 Colby Avenue
Everett, Washington 98201
Postage and Fees Paid Department of the Interior
HEL-009-1783-1791
HEL-009-1783-1791
ASST SCTY PUBLIC LAND MGT EDWARDS N PUBLIC LAND MGT
690501
CORRESPONDENCE
TAYLOR, T W DOI BIA
Forestry 2298-67
Hon. Julia Butler Hansen House of Representatives Washington, D. C.
20515
690501
Dear Mrs. Hansen:
The enclosed copy of Quinault Newsletter No. 38, concerning forestry
activities during the past year on the Quinault Indian Reservation, may
be of interest to you.
Sincerely yours, Deputy (Sgd) T. W. Taylor Commissioner
Enclosure
cc: Surname Forestry Chrony Mailroom Chrony 300 Holdup
PESKarra/SMCrosby:wm 690424
HEL-009-1792-1792
HEL-009-1792-1800
HANSEN, J B HOUSE OF REP
690429
CORRESPONDENCE
TAYLOR, T W DOI BIA
Forestry 2298-67
690429
Memorandum
To: Assistant Secretary, Public Land Management Through: Staff
Assistant Newton Edwards
From: Commissioner of Indian Affairs
Subject: Newsletter, Quinault Indian Reservation
The enclosed copy of Quinault Newsletter No. 38, concerning forestry
activities during the past year on the Quinault Indian Reservation, may
be of interest to you.
(Sgd) T. WG Taylor Deputy
Commissioner
Enclosure
cc: 300 Staff Assistant, PLM N. Edwards w/cc newsletter
Surname Forestry Chrony Mailroom Chrony Holdup
PESkarra:wm 690424
HEL-009-1793-1793
HEL-009-1792-1800
ASST SCTY PUBLIC LAND MGT EDWARDS, N
690425
CORRESPONDENCE
ELY, R K BR OF FORESTRY
690425
FORESTRY 2298-67
Commissioner of Indian Affairs Through: Assistant Commissioner for
Economic Development
Chief, Forestry Program
Quinault Newsletter - re Forestry in 680000
The enclosed copy of Quinault Newsletter No.38, concerning forestry
activities during the past year on the Quinault Indian Reservation, may
be of interest to you.
Richard K. Ely
Richard K. Ely
Acting Chief, Forestry Program
Enclosure
cc: 300-w/cc newsletter 435-w/cc newsletter
Surname)
Forestry Chrony
Mailroom Chrony
Holdup
PESkarra:wm 690424
cc newsletter to files 793-67(Crane Creek) & 792-67(Taholah)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
QUINAULT NEWSLETTER NO. 38
FORESTRY ACTIVITIES - QUINAULT INDIAN RESERVATION CALENDAR YEAR
680000
TIMBER SALES:
Crane Creek and Taholah Units:
During 680000, the greatest work load was expended on the
administration of the Crane Creek and Taholah Timber Sales and other
sales on the Quinault Reservation. From the Crane Creek Unit,
81,688,000 board feet of timber for a value of $1,823,170 was harvested.
On the Taholah Unit 91,675,000 board feet of timber for a value of
$1,458,326 was harvested Because of the appeal by Aloha Lumber
Corporation of the stumpage rates made effective 660101, instructions
were received to withhold the difference between the rates made
effective 641201, and those rates made effective 660100 in a special
deposit account. In 680400, a decision was made between the Secretary
and the purchaser whereby part of the receipts being withheld were
released. The value of this difference for 680000 is $250,686.65. The
value of this difference since Aloha's appeal in 660000 to 681231, is
$852,851.25.
Logging plans of ITT Rayonier Incorporated and the Aloha Lumber
Corporation were received in 681200. The review involved inspection of
the logging blocks in the field, on aerial photos and cut-out
comparisons with logged-over blocks. The size and shape of the blocks,
terrain, timber types and condition classes, percent of species and
other factors were taken into consideration. Volumes by species were
estimated. In recommending approval of the plans, special requests were
made where necessary for the operators to take maximum care in logging
to keep streams clear of logging debris and to protect fish populations.
Special requests by allottees to have their allotment logged or
partially logged were considered wherever possible.
Short Term Sales:
A total of 2,768,000 board feet of timber was harvested from the
Quinault Reservation. The value of the timber cut was $86,370. One new
timber sale of 699,000 board feet was approved, with an estimated value
of $15,302. Four contracts were completed during the year.
Seventeen Special Allotment Timber Cutting Permits were issued having
an estimated volume of 24,652,000 board feet and an estimated value of
$688,661. One allottee received $82,319.15 over the appraised price of
$110,080.85.
FREE USE PERMITS:
Twenty-seven free-use cutting permits were issued during the year, of
which 26 pertained to allotted lands and one for Tribal lands. Products
cut under these permits consisted mostly of cedar shakeboards.
Estimated volume removed was 1,350,000 board feet for a value of
$13,500.
Percentage composition of all timber removed during the year was as
follows: Western redcedar - 59.5%; Pacific silver fir - 4.3%; Western
hemlock - 32.1%; Western white pine - 1.8%; Sitka spruce - 1.4%;
Douglas-fir - .9%; and a small amount of red alder.
OTHER ACTIVITIES:
Salvage operations on the Crane Creek and Taholah Logging Units
produced a total volume of 6,216,000 board feet for a value of $42,251.
Of this amount the number of shakeboards produced was 1,864,294 for a
volume of 3,728,000 board feet and a value of $31,047; 16,905 lineal
feet of poles containing 73,000 board feet and a value of $1,183; 4,594
cords of pulpwood for a volume of 2,297,250 and a value of $9,189.
In 681200, a reforestation project was performed on portions of the
Raft River fire area. One thousand acres were handplanted by contract
to Douglas-fir and Sitka spruce seedlings at a rate of 500 trees per
acre. Ninety percent of the stock planted was Douglas-fir.
FOREST INVENTORY:
During the year, six allotments were cruised for timber sale
purposes. Twenty tracts were cruised for Special Allotment Timber
Cutting Permits Ten tracts were cruised for the Branch of Realty;
twelve tracts for right-of-way purposes were cruised. Eight inspections
of experimental plots were also accomplished.
CHECK SCALING:
Approximately ten percent of the total log scale production on the
Quinault Reservation was check scaled during the year. The difference
was 0.21 percent which shows that the Grays Harbor Scaling Bureau
scalers are performing an acceptable job.
STREAM CLEARANCE:
Special attention continues to be directed toward the problem of
stream clearance and the observation of logging adjacent to streams to
eliminate accumulations of logging debris in the streams. Stream
clearance requirements in contracts are being spelled-out more
specifically than in the past.
FIRE PROTECTION:
The State of Washington continues to protect all forest lands in
Western Washington. The total number of fires on all reservations was
eight, burning a total of four acres.
SAFETY:
Although one automobile accident occurred, there were no lost-time
accidents in the Branch of Forestry for 680000.
STUMPAGE RATES - TAHOLAH LOGGING UNIT
In accordance with the Secretary of the Interior's decision of
670310, and modified 671020, pertaining to the Appeal of Stumpage Rates
by the Aloha Lumber Corporation, we continue to compute monthly the
stumpage rates for each species of timber logged on the Taholah Logging
Unit. The calculated rates are shown below for the months of 000100 and
690200.
Rate Per MBM
Species January February
Western redcedar $27.05 $26.14
Western hemlock 32.95 33.33
Pacific silver fir 29.38 30.72
Sitka spruce 75.00 71.36
Douglas-fir none 56.28
Western white pine 20.41 25.79
These are the rates which we use to bill the Aloha Lumber Corporation
for the timber cut and removed from the Unit. The actual rates paid for
timber logged after 690101, are computed monthly using approved log
grade prices. Pending the announcement of a decision, we must continue
to hold the difference in the two rates each month.
CHECK WRITING:
There will be no checks written on the last two working days of the
month. Mondays and Fridays are regular check days. If you wish to come
to the Agency Office to pick up your check, you should restrict your
visit to one of these two days. On other days, checks may be mailed.
690326
George M Felshaw
Superintendent
WESTERN WASHINGTON INDIAN AGENCY Federal Building 3006 Colby Avenue
Everett, Washington 98201
Postage and Fees Paid Department of the Interior
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building - 3006 Colby Avenue Everett,
Washington 98201
QUINAULT NEWSLETTER NO. 37
STUMPAGE PRICES INCREASED:
As a result of the extensive studies of economic conditions in the
West Coast forest products industries, and after consultations with
ITT-Rayonier Inc. and the Aloha Lumber Corporation, considerable
increases in stumpage rates have been established for timber under both
the Crane Creek and Taholah Logging Unit contracts. Increases have
resulted primarily from the continuing demand for logs by Japanese
firms. Thus the prices for all grades of logs being exported have
climbed rather steadily over the past twelve (12) months.
The Commissioner of Indian Affairs has notified the companies that
the new stumpage rates will become effective 690101. The following
table shows both the new and old stumpage rates for each unit, together
with the rate increase for each species:
STUMPAGE RATES PER MBM
Table not keyed, see original
#Rates made effective by Commissioner 680101.
recovery from the Taholah Logging Unit. The actual rates to be paid for
timber logged after 690101, will be computed monthly using approved log
grade prices. The computations are in accordance with the Secretary's
modified decision of 671020.
HASKELL INSTITUTE NEWS RELEASE:
We have been asked by the Haskell Alumni Association of Haskell
Institute, Lawrence, Kansas, to publish the following news release:
"The Haskell Alumni Association is now accepting names of graduates
to be considered for the 690000 Outstanding Alumni Award. Two
selections will be made, a woman and a man. When submitting names,
please include a biography of the individual. The closing date is
690215. The awards will be presented during Commencement Week in
690500. Please submit the information requested to Mr. Harry S. Bird,
Chairman, Outstanding Alumni Selection Committee, Haskell Institute,
Lawrence, Kansas."
OTHER:
In our next Newsletter, we will include a report of Forestry
activities on the Quinault Reservation during the Calendar Year 680000,
and news items from other Agency activities.
ILLEGIBLE Superintendent
681220
WESTERN WASHINGTON INDIAN AGENCY Federal Building, 3006 Colby Avenue
Everett, Washington 98201
Postage and Fees Paid Department of the Interior
HEL-009-1794-1800
HEL-009-1792-1800
COMM OF INDIAN AFF DOI BIA ASST COMM ECONOMIC DVLP
681030
CORRESPONDENCE
BENEDETTO, J B
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue Everett,
Washington 98201
TO ALL ALLOTMENT OWNERS, QUINAULT INDIAN RESERVATION:
A meeting has been scheduled for 681127, at 1:30 P.M. in the Council
Chambers of the Hoquiam City Hall. The purpose of the meeting is to
permit allotment owners in the Crane Creek and Taholah Logging Units to
express their views regarding the re-valuation of the stumpage rates for
timber under the Crane Creek and Taholah Contracts.
John B. Bennett Acting Superintendent
681030
WESTERN WASHINGTON INDIAN AGENCY Federal Building, 3006 Colby Avenue
Everett, Washington 98201
Postage and Fees Paid Department of the Interior
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue Everett,
Washington 98201
SPECIAL NOTICE TO QUINAULT ALLOTMENT OWNERS
A review of stumpage rates on the Crane Creek and Taholah Logging
Units has been conducted by our Forestry Staff and the Portland Area
Office Forestry Staff. Based on the results of this study, the
Commissioner has notified both Rayonier, Incorporated and the Aloha
Lumber Corporation advising them of intentions to revise the stumpage
rates on both logging units. Consultations will be held with the
purchasers within the thirty-day period ending 681115.
Consultation with each person owning timber located on these two
units is physically impossible. However, you are invited to write to
the Superintendent to present your views. Your comments will receive
consideration.
Information pertaining to any changes in the stumpage rates will be
published in the Quinault Newsletter.
(ILLEGIBLE) Acting Superintendent
681017
WESTERN WASHINGTON INDIAN AGENCY Federal Building, 3006 Colby Avenue
Everett, Washington 98201
Postage and Fees Paid Department of the Interior
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Federal Building, 3006 Colby Avenue Everett, Washington 98201
QUINAULT NEWSLETTER NO. 36
FORESTRY ACTIVITIES - QUINAULT RESERVATION - CALENDAR YEAR 670000
TIMBER SALES:
Crane Creek and Taholah Units:
Again, the greatest work effort was expended on the administration of
the Crane Creek and Taholah Timber Sales and other smaller sales on the
Quinault Reservation. Production from the Crane Creek Unit for the year
was 66,312,000 feet, board measure, for a total value of $1,222,993.
Production from the Taholah Unit was 74,810,000 feet, board measure, for
a total value of $909,625. The value reported for the Taholah Logging
Unit is the amount paid to the owners. Because of the Appeal by the
Aloha Lumber Corporation of the stumpage rates made effective 660101,
instructions were received to withhold the difference between the rates
made effective 641201, and the rates made effective 660101, in a special
account. The value of this difference for 670000 amounted to
$300,061.96. The amount being held to date is $738,601.98. Since the
case was taken to Federal Court by the Aloha Lumber Corporation, this
money must remain in special deposits until a ruling is made.
Logging plans of Rayonier Incorporated and the Aloha Lumber
Corporation were reviewed in 671200. The review involved inspection of
the logging blocks in the field, on aerial photos and cut-out
comparisons with cut-over blocks. The size and shape of the blocks,
terrain, timber types and condition classes, percent of species and
other factors were taken into consideration. Volumes by species were
estimated. In recommending approval of plans, special request was made,
where necessary, for the operators to take maximum care in logging to
keep streams clear of logging debris and to protect fish population.
Short-Term Sales:
A total of 8,421,000 feet, board measure, was cut and removed from
small sales on the Quinault Reservation. The total value of the timber
cut was $108,548. Two new timber sale contracts were prepared during
the year. Operations were completed on three small sales during the
year.
Ten Special Allotment Cutting Permits were issued, for the removal of
an estimated 19,128,000 board feet, valued at $437,688. Under one paid
permit, 12,000 board feet was removed for a value of $116.
FREE-USE PERMITS:
Seventeen Free-Use Permits were issued during the year, of which 16
pertained to allotted land and one on Tribal land. Products cut under
these permits consisted mostly of cedar shakeboards. Estimated volume
removed was 848,000 feet, board measure, for an estimated value of
$7,057.
Percentage composition of all timber removed during the year was as
follows: western redcedar 48%; western hemlock 42%; Pacific silver
fir 6%; Sitka spruce 3%; Douglas-fir and western white pine combined
1%; a trace of black cottonwood.
OTHER ACTIVITIES:
Salvage operations produced 166,650 lineal feet of cedar poles
amounting to 882,000 board feet, and a value of $11,665. There were
655,126 shakeboards cut, containing 1,311,000 board feet, for a value of
$10,794. Removal of cordwood amounted to 15,752 cords or 7,137,000
board feet, for a value of $29,002.
FOREST INVENTORY:
Two tracts of 414 and 136 acres were cruised for timber sales. Ten
tracts were cruised for Special Allotment Cutting Permits. Fifteen
tracts were cruised for the Branch of Realty. Fire damage was cruised
on nine parcels in the Queets Area. Three study plots of three acres
each were planted in grasses to evaluate erosion control of the Raft
River fire. Douglas-fir and Sitka spruce seedlings were planted on 12
acres that were burned in the Raft River fire.
CHECK SCALING:
Approximately eight percent of the total log scale production on the
Quinault and Makah Reservations was check scaled during the year.
Results showed that Grays Harbor Scaling Bureau scalers performed an
acceptable scaling job.
STREAM CLEARANCE:
Special attention continues to be directed toward the problem of
stream clearance and the observation of logging adjacent to streams to
eliminate accumulations of logging debris in the streams. Stream
clearance requirements in contracts are being spelled out more
specifically than in the past.
FIRE PROTECTION:
The State of Washington continues to provide fire suppression
services to all Indian forest lands in Western Washington. The total
number of fires experienced on all reservations was 27. The largest,
the Raft River fire on the Quinault Reservation, involved approximately
6,000 acres, of which 3,836 acres were cut-over lands containing logging
slash. The fire burned over 1,611 acres of Indian-owned lands,
containing logging slash. About 4,308,000 board feet of felled and
bucked timber was damaged. The total cost of suppression on all fires,
from Government funds, was $129,009. Of this amount, approximately
$125,959 represents the Bureau's share of the total cost of $344,640.57
of suppression of the Raft River fire.
SAFETY:
No lost time accidents were reported in the Branch of Forestry for
670000 as an active safety program continued.
STUMPAGE RATES - TAHOLAH LOGGING UNIT:
Commencing 680101, the stumpage rates for each species of timber
logged on the Taholah Logging Unit are computed monthly. The rates are
determined using the actual log grade recovery of the timber that was
scaled. This procedure is in accordance with the Secretary of the
Interior's decision of 670310, and modified 671020, pertaining to the
Appeal of Stumpage Rates by the Aloha Lumber Corporation.
The calculated rates are shown below for the months of 000100, 000200
and 680300.
Rate per MBM
Species January February March
Western redcedar $17.07 $16.09 $17.46
Western hemlock 22.24 22.51 22.15
Pacific silver fir 21.69 20.53 21.19
Sitka spruce 38.53 54.76 57.70
Douglas-fir 41.73 37.80 23.42
Western white pine 14.09 12.99 14.24
These are the rates which we use to bill the Aloha Lumber Corporation
for the timber cut and removed from the Unit. The difference between
the above rates and the rates made effective 641201, must be held in
"Special Deposits" pending final ruling by the United States District
Court in Seattle. The Federal Court Judge has not yet set a date for
the hearings. You will be notified when the date has been set.
EMPLOYMENT ASSISTANCE:
The Branch of Employment Assistance is presently placing emphasis on
assisting in local placement with nearby industry and employers who have
job opportunities where many of our Indian people could be considered
for employment. As these are found, we intend to pass them on to those
people who are in a position to consider employment outside their home
reservations. For the individual who has some training or a job skill,
we can consider and assist them in employment placement through our
Branch of Employment Assistance Office in Seattle-Tacoma Area.
At the present time, there are two positions as Student Aides at
$1.60 per hour, available in Tacoma with the Water Resources Division of
Geological Survey. These positions involve field work, obtaining
sediment samples and repair and maintenance of gauge stations. It is
understood the work is rigorous and demanding. There are two positions
as Laborers at $2.87 per hour at Mt. Ranier National Park; one
Warehouse-mans Helper at Covington Substation at Kent; one Student Aide
position at $1.60 per hour at Olympia with the Bureau of Sport Fishing &
Wildlife; one Laborer position at the prevailing wage rate at Entiat;
five Survey Aide positions, GS-2 or -3, also with the Bureau of Sport
Fishing & Wildlife, involving cutting brush, work as chainman or rodman
and receiving per diem besides wages. There is also one position in
Oregon, three in California and one in Idaho with the Branch of Land
Management.
All applicants must be Indian youth, age 16 through 21, either a
junior in high school planning to return for the final year of high
school, or a student who will be going to college in the fall under
Bureau Grants through the Branch of Education or attending school on
their own. Interested students should contact their nearest Employment
Assistance Office, their own Tribal Office or, where they have a CAP
Program, the Director of that project.
CHEHALIS JUDGMENT - FOUR MONTHS LEFT TO FILE:
This is a reminder that persons who plan to file an application to
share in the Chehalis Judgment Award must submit applications to the
Superintendent, Western Washington Indian Agency, 3006 Colby, Everett,
no later than 680801.
This judgment of $754,000 will be distributed in equal shares to
persons who were alive on 671024, and who establish that they are
descendants of members of the Upper and Lower Chehalis Tribes as they
existed in 550000. An application must be filed by, or on behalf of,
each person.
If you want application blanks or more information, please contact
the Branch of Tribal Operations of the Western Washington Agency at the
address shown above.
LAW AND ORDER:
The Western Washington Branch of Law and Order is now being
administered through Hillery A. Brown. Mr. Brown transferred from Fort
Hall, Idaho, on 680102. The tribes of Western Washington are becoming
more interested and involved in the function of Law and Order.
680419
George M Felshaw Superintendent
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
QUINAULT NEWSLETTER NO.35
STUMPAGE PRICES INCREASED
Following extensive studies of economic conditions in the West Coast
forest products industries, and after consultations with Rayonier
Incorporated and Aloha Lumber Corporation, substantial increases in
stumpage rates have been established for timber under both the Crane
Creek and Taholah Logging Unit Contracts. Increases are due largely to
the influence of the export log market. All log prices for spruce,
hemlock, silver fir and some grades of Douglas-fir and cedar have
increased considerably during the last 12 months.
The Commissioner of Indian Affairs has notified the companies that
the new stumpage rates will become effective 680101. The following
table lists both the new and old stumpage rates for each logging unit,
together with the rate increases for each species:
STUMPAGE RATES PER MEM
Table not keyed see original
Rates made effective by the Commissioner 660101.
Rates determined by using log grade recovery for calendar year 660000
from the Taholah Unit, in accordance with the decision of the Secretary
of the Interior dated 670310, and modified 671020.
SPECIAL NOTICE TO ALLOTTEES IN THE TAHOLAH LOGGING UNIT:
Mr. James Jackson, President of the Quinault Tribal Council, requests
that all allottees owning timber under the Taholah Unit Logging Contract
get in touch with the Quinault Tribal Council as soon as possible for
the purpose of discussing details of the Taholah Contract.
In our next Quinault Newsletter, which will be published sometime
after 680215, we will bring you up to date on Forestry activities on the
Quinault Reservation for the year 670000, the results of Aloha's appeal
of the 660101, stumpage rates in the U. S. District Court in Seattle,
and other Agency news items of interest to you.
John B. Benedetto
Acting Superintendent
671229
Date
WESTERN WASHINGTON INDIAN AGENCY Federal Building 3006 Colby Avenue
Everett, Washington 98201
Postage and Fees Paid Department of the Interior
Recd & Distrib.
Quinault Newsletter #34(4-6-67) 1-Circulate in 330 & file (330)
2-IM-attn Robert Vaughan, Dep.L 3-Tribal Opns 435 4-Mr. Officer
102(102,101,100. 5-Resv. Programs 136 6-340,300,430,460,470,/566. 400
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington, Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
QUINAULT NEWSLETTER NO. 34
OFFICE OF ADMINISTRATION
The position of Assistant Superintendent has been reassigned from the
Everett location to the Hoquiam Field Station. Following the transfer
of Mr. James Keaton to the Office of Superintendent, Fort Berthold
Agency, North Dakota, Mr. John F. Gordon was selected to fill the
position. Mr. Gordon was formerly assigned to the Juneau Area as Area
Field Representative stationed at Bethel, Alaska. As Assistant
Superintendent, Mr. Gordon is administratively in charge of the Hoquiam
Field Station and responsible for administering the Bureau's programs
for nine tribes on nine reservations, namely Chehalis, Hoh, Lower Elwha,
Makah, Quileute, Quinault, Shoalwater, Skokomish and Squaxin Island.
APPEAL OF STUMPAGE RATES, TAHOLAH LOGGING UNIT
No decision has been reached in regard to Aloha Lumber Corporation's
Appeal of stumpage rates made effective 660101. The appeal is now
pending before the Secretary of the Interior and at this time we do not
know when a decision will be announced.
FORESTRY ACTIVITIES, QUINAULT RESERVATION - CALENDAR YEAR 660000
Crane Creek and Taholah Units: The greatest work effort was expended
on the administration of the Crane Creek and Taholah Timber Sales, and
the cruising of timber and other inventory work. Production from the
Crane Creek Unit for the year was 65,023,000 board feet, for a total
value of $1,184,693. Production from the Taholah Unit was 70,225,000
for a total value of $895,117. The value reported for the Taholah
Logging Unit is the amount paid to the owners. Because of the Appeal by
the Aloha Lumber Corporation of the stumpage rates made effective
660101, instructions were received to withhold the difference between
the rates made effective 641201, and those rates made effective 660101,
in a special account. The value of this difference amounted to
$320,023.43 for the calendar year 660000. Pending the decision by the
Secretary of the Interior, this money must remain in "Special Deposits".
Rayonier's and Aloha's 670000 logging plans were reviewed in 661200.
The review involved inspection of the logging blocks in the field, on
aerial photos and cut-out comparisons with adjacent cut-over blocks.
The size and shape of the blocks, terrain, timber types and condition
classes, percent of species and other factors were considered. Volumes
by species were estimated. In recommending approval of plans, special
request was made, where necessary, for the operators to take maximum
care in logging to keep streams clear of logging debris and to protect
fish populations.
Short-Term Sales: A total of 4,704,000 feet, board measure, was cut
and removed from four sales in the Queets Area of the reservation. The
total value of the timber was $85,493. Contracts were prepared for
three new sales during the year. Operations were completed during the
year on one small sale.
Seven Special Allotment Timber Cutting Permits were issued for the
removal of 5,967,000 board feet, value at $90,727. There was no other
paid permit activity.
Free-Use Permits: Twenty-two Free-Use Permits were issued during the
year, of which 20 pertained to allotted lands and two were on Tribal
lands. Products cut under these permits consisted mostly of cedar
shakeboards, with a very minor amount of firewood.
Percentage composition of all timber removed during the year was as
follows: western redcedar 58%; western hemlock 32%; Pacific silver
fir 5%; Sitka spruce 4%; western white pine 1%; and a trace of
Douglas-fir and other species.
Other Activities: Salvage operations within the Crane Creek and
Taholah Logging Units produced 1,448,201 shakeboards, containing a board
foot volume of 2,897,000, for a total value of $23,306; 170,385 lineal
feet of cedar poles, amounting to 889,000 board feet, for a total value
of $11,927; and 300 cords of pulpwood, for 150,000 board feet, valued
at $631.
Forest Inventory: The inventory section cruised 22 allotments for
purposes of timber sales, two for Special Allotment Timber Cutting
Permits, nine allotments for the Branch of Realty for Supervised Land
Sales, and 12 allotments were also inspected for the Branch of Realty in
reference to applications for Fee Patents. A study of the blocks in the
670000 logging plans for the Crane Creek and Taholah Logging Units was
also made.
Check Scaling: Approximately ten percent of the total log scale
production on the Quinault Reservation was check scaled. Results showed
that Grays Harbor Scaling Bureau scalers did an acceptable scaling job.
Stream Clearance: Stream clearance has been conducted on Streams
within sale areas, within the boundaries of trust lands, on the
reservation. Special attention has been given during the year to
clearing of streams and observation of logging adjacent to streams to
eliminate accumulations of logging debris in the streams. Stream
clearance requirements in contracts were spelled out more specifically
during the year than in the past.
Forest Protection: The State of Washington continues to do a good
job of protecting the Quinault Reservation forest lands from fire. Only
20 acres was burned by eight fires which indicates the speed at which
the fires were extinguished. Three of the fires were equipment caused;
one by lightning one by smokers; three by miscellaneous causes. Slash
clearance was obtained on approximately 1,331 acres of logged-over land
in 13 separate locations.
Safety: An active safety program has been conducted by the Branch of
Forestry in 660000. No lost time accidents were reported for the
period.
QUILEUTE AND HOH MEMBERSHIP ROLLS BEING PREPARED
As a result of legislation which was enacted on 661014, membership
rolls are now being prepared for the Quileute and Hoh Tribes. Persons
interested in enrolling in the Quileute Tribe must meet the following
requirements:
1. Appear on the Tribe's basic membership roll (this includes
persons who were born on or prior to and living on 401231).
2. Applicants must establish that they were born to a member of the
Tribe who resided on the reservation at the time of the applicant's
birth.
3. They possess 1/2 or more degree Indian blood and were born to a
non-resident member of the Tribe.
4. They posses any degree of Indian blood and were born to parents
who were both members of the Tribe.
Enrollment in the Hoh Tribe: In order to be included on the Hoh
Tribe's membership roll, an applicant must establish that:
1. He was born on or prior to and was living on 661014.
2. His name or the name of a lineal ancestor is listed on the census
of Hoh Indians of the Neah Bay Agency dated 940630.
3. He is not enrolled with any other tribe.
Applicants can be obtained by writing to the Superintendent, Bureau
of Indian Affairs, Western Washington Agency, 3006 Colby Avenue,
Everett, Washington 98201. When completed, the application must be
returned to the Superintendent and must be postmarked no later than
670401.
NOOKSACK AND DUWAMISH TRIBES RECEIVE JUDGMENT AWARDS
The Portland Area Office is now in the process of preparing
applications to be distributed, on request, to all persons who are
interested in sharing in
CORRECTION
The preceding documents(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
Forest Protection: The State of Washington continues to do a good
job of protecting the Quinault Reservation forest lands from fire. Only
20 acres was burned by eight fires which indicates the speed at which
the fires were extinguished. Three of the fires were equipment caused;
one by lightning; one by smokers; three by miscellaneous causes.
Slash clearance was obtained on approximately 1,331 acres of logged-over
land in 13 separate locations.
Safety: An active safety program has been conducted by the Branch of
Forestry in 660000. No lost time accidents were reported for the
period.
QUILEUTE AND HOH MEMBERSHIP ROLLS BEING PREPARED
As a result of legislation which was enacted on 661014, membership
rolls are now being prepared for the Quileute and Hoh Tribes. Persons
interested in enrolling in the Quileute Tribe must meet the following
requirements:
1. Appear on the Tribe's basic membership roll (this includes
persons who were born on or prior to and living on 401231).
2. Applicants must establish that they were born to a member of the
Tribe who resided on the reservation at the time of the applicant's
birth.
3. They possess 1/2 or more degree Indian blood and were born to a
non-resident member of the Tribe.
4. They possess any degree of Indian blood and were born to parents
who were both members of the Tribe.
Enrollment in the Hoh Tribe: In order to be included on the Hoh
Tribe's membership roll, an applicant must establish that:
1. He was born on or prior to and was living on 661014.
2. His name or the name of a lineal ancestor is listed on the census
of Hoh Indians of the Neah Bay Agency dated 940630.
3. He is not enrolled with any other tribe.
Applications can be obtained by writing to the Superintendent, Bureau
of Indian Affairs, Western Washington Agency, 3006 Colby Avenue,
Everett, Washington 98201. When completed, the applications must be
returned to the Superintendent and must be postmarked no later than
670401.
NOOKSACK AND DUWAMISH TRIBES RECEIVE JUDGMENT AWARDS
The Portland Area Office is now in the process of preparing
applications to be distributed, on request, to all persons who are
interested in sharing in the distribution of judgment funds awarded to
the Nooksack and Duwamish Tribes. In order to appear on the Nooksack or
Duwamish Rolls, a person must establish that he or she is a descendant
of the Tribe as it existed in 650000.
Applications can be obtained by writing to the Area Director, Bureau
of Indian Affairs, Portland Area Office, P. O. Box 3785, Portland,
Oregon 97208. When completed, the applications must be returned to the
Area Director and must be postmarked no later than 670901.
EDUCATIONAL ASSISTANCE FOR VETERANS AND SERVICEMEN
The Veterans Readjustment Benefits Act of 660000 can help you obtain
education or training to fit yourself for a chosen career or better
employment opportunities in civilian life. If you qualify, payments may
be made for periods on and after 660601. The Veterans Administration
will be glad to help you select a goal.
Who is Eligible: A veteran who has served continously on active duty
for a period of at least 181 days, any part of which was after 550131,
and who was discharged or released under conditions other than
dishonorable.
A veteran who served less than 181 days may be eligible if he was
discharged or released because of service-connected disability.
A person who is in service if he has served on active duty for at
least 2 years.
The service period of 181 days does not include periods when the
veteran was assigned to a civilian school by the Armed Forces for a
full-time course, or service at one of the service academies, or any
period of reserve active duty for training. Persons who enlisted in the
Army or Air National Guard, or as a reservist under the reserve program,
with 4 months or more of active duty for training required and
subsequent transfer to the standby reserve, are not eligible based on
this service.
Schools: You may pursue a course at a college, vocational, business,
high school, or correspondence school. The course must be approved.
Under certain circumstances, a college course pursued in a foreign
country may be approved.
How Much Education: The limit is 36 months. This would cover 4
school years of 9 months each for a veteran who served on active duty
for at least 3 years after 550131. If you served less than 3 years, you
may receive one full month of educational assistance allowance for each
month or part of a month you served on active duty on or after 550201.
If you have previously received any VA educational benefits based on
your own service or as a war orphan, the 36-month period of eligibility
for educational assistance under the Veterans Readjustment Benefits Act
of 660000 may be reduced.
Time Limit: VA may not provide training after 8 years from the date
of your last discharge or release from active duty if your discharge is
on or after 660601. The time limit for a veteran whose service ended
before 660601, is 740531.
Rates of Monthly Allowance: Your rate may be increased if you have a
wife, child or dependent parent, as follows:
No One Two or More
Dependents Dependent Dependents
School--Full-Time $100 $125 $150
3/4 Time 75 95 115
1/2 Time 50 65 75
Less than 1/2 Time Payments computed at the rate of the
established charges for tuition and
fees or $100 per month for a full-time
course whichever is the lesser.
No One Two or More
Dependents Dependent Dependents
While on Active Duty Same as for less than 1/2 time.
Cooperative (School course plus business training) $ 80 $100 $120
Advice: When you apply the VA has a staff of professional conselors
to assist you in choosing an educational or vocational goal at no cost
to you. If you need or want this help, ask the VA.
Applications: Application forms are available if you will visit or
write your nearest VA office to secure one.
FEDERAL HOUSING ADMINISTRATION - SPECIAL TERMS FOR VETERANS
A special program for veterans who have not received any direct,
guaranteed or insured loans under the Veterans Administration home loan
programs is provided. Eligible mortgages must cover single-family
dwellings. Maximum amounts are identical with the regular Section
203(b) program but require downpayments.
The purpose of this program is to give veterans who have not used
their GI home loan benefits under the Veterans Administration program an
equivalent benefit under the FHA program. The Veterans Administration
requires GI buyers to pay closing costs in cash while FHA's estimate of
value includes an estimate of reasonable closing costs. Rather than to
make a distinction in the FHA's estimate of value between cases
involving veteran mortgagors and non-veteran mortgagors, FHA will
continue its present procedure of including closing costs in the
estimate of value but will require that in all cases the veteran make a
minimum downpayment of less than $200 on the first $15,000 of appraised
value plus 10% between $15,000 and $20,000, plus 15% of the value above
$20,000.
FHA will permit mortages to equal 100% of the appraised value up to
$15,000, plus the amount of the initial prepayment for taxes, property
insurance and mortgage insurance premium, less $200, provided the amount
does not exceed 100% of such value and the property is approved for
mortgage insurance prior to the beginning of construction, or
construction was completed more than one year preceding the date of the
application for mortgage insurance.
Veterans wishing to use this program shall submit VA Form No.
26-8261, Certificate of Veteran Status (to be obtained by veterans from
local FHA offices), with the FHA application form. Entitlement does not
expire as in the VA loan programs and an eligible veteran may utilize
these terms more than once. However, a Certificate of Veteran Status
will be required with each application.
This program is available to all veterans who have served on active
duty in the Armed Forces of the United States (Army, Navy, Marine Corps,
Air Force, Coast Guard, the reserve units of each of the services, the
National Guard and Air National Guard) for a period of not less than 90
days and were discharged or released therefrom under conditions other
than dishonorable; or if they have served less than 90 days, they shall
establish by a certificate issued by the Secretary of Defense that they
have performed extra hazardous service.
Veterans must also certify that they have not received any direct,
guaranteed, or insured loans under laws administered by the Veterans
Administration for the purchase, construction or repair of a dwelling
(including a farm dwelling) which was to be owned and occupied by the
veteran as his home.
Examples:
(A) A veteran purchases a house valued by FHA at $14,300 (which
includes closing costs of $250) for $14,000. The veteran will pay
closing costs of $250 and prepayable expenses of $150.
MAXIMUM LOAN BASED ON FHA VALUE
Table not keyed, see original
MAXIMUM LOAN BASED ON ACQUISITON COST
Table not keyed, see original
(B) A veteran purchases a house valued by FHA at $14,300 (which
includes closing costs of $250) for $13,500. The veteran will pay
closing costs of $250 and prepayable expense items of $150.
MAXIMUM LOAN BASED ON FHA VALUE
The same as in Example (A)
MAXIMUM LOAN BASED ON ACQUISTION COST
Table not keyed, see original
(C) A veteran purchases a house valued by FHA at $18,600 (which
includes closing costs of $350) for $18,000. The veteran will pay
closing costs of $350 and prepayable expense items of $450.
MAXIMUM LOAN BASED ON FHA VALUE
Table not keyed, see original
MAXIMUM LOAN BASED ON ACQUISITION COST
Table not keyed, see original
Date 670209
John B. Beneditto Acting Superintendent
HEL-009-1801-1821
HEL-009-1801-1821
QUINAULT INDIAN RESER
710706
CORRESPONDENCE
RAYONIER INC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
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340
Forestry
PART 3-A -- Crane Creek Stumpage Adjustment 710701
ITT RAYONIER INCORPORATED'S CRITIQUE OF THE SUPERVISING FORESTER'S
710608, REPORT ENTITLED "TREND OF ECONOMIC CONDITIONS" AND OF THE
QUINAULT ALLOTTEES COMMITTEE'S 710521 REPORT TO THE BUREAU'S FOREST
MANAGER AT HOQUIAM, WASHINGTON
CRANE CREEK LOGGING UNIT CONTRACT NO. I-101-IND-1902
ITT Rayonier Incorporated Northwest Timber Division Eighth and Levee
Hoquiam, Washington 98550
710706
TABLE OF CONTENTS
Page
DEFINITIONS OF TERMS 1
BACKGROUND 1
THE PURPOSE OF THIS CRITIQUE 3
Figure 1 4
DESCRIPTION OF METHOD USED IN THE 710000 TREND STUDY TO ARRIVE AT
RECOMMENDED REDUCTIONS IN STUMPAGE RATES 5
BIA ERRORS IN COMPUTING LOGGING COSTS -- GENERALIZED OBSERVATIONS 7
The BIA-Computed Increase In Logging Costs For The Period 680000 To
710000 Is Obviously Inadequate 7
The Secretary's Specific Direction That The 690000 Labor Contract Be
Specially Taken Into Account In This Stumpage Rate Adjustment Has Not
Been Complied With 8
The 710000 Trend Study Disregards Logging Costs Attributable To
Environmental Protection 9
Erroneous Assumption In The 710000 Trend Study With Respect to "Total
Defect" 10
SPECIFIC ERRORS IN THE 710000 TREND STUDY THAT HAVE RESULTED IN
UNREALISTICALLY LOW COMPUTED LOGGING COSTS AND IN ERRONEOUSLY HIGH
"INDICATED" STUMPAGE VALUES 12
Figure 2 13
Erroneous Assumption In The 710000 Trend Study With Respect To
"Scaling Defect" 14
Page
Reduced Yarding Distances and Costs Means Additional Roads and Road
Costs 14
The 710000 Trend Study Assumes That There Have Been No Road
Maintenance Cost Increases During The Two-Year Inflationary Period,
690000-710000 15
The 710000 Trend Study Arbitrarily Has Disregarded The Forest Service
Handbook Procedures With Respect To Booming, Rafting and Local Towing
Costs 16
Road Development Costs Have Increased Since 600000 18
Sorting Yard Costs Are Understated In The 710000 Trend Study 19
SUMMARY -- THE CUMULATIVE EFFECT OF BIA'S LOGGING COST ERRORS
"INDICATES" A REDUCTION IN STUMPAGE RATES TO A LEVEL LOWER THAN
RECOMMENDED IN THE 710000 TREND STUDY 20
Figure 3 22
CONCLUSION 22 CRITIQUE OF THE ALLOTTEE'S STATEMENT 23
ITT RAYONIER INCORPORATED'S CRITIQUE OF THE SUPERVISING FORESTER'S
710608, REPORT ENTITLED "TREND OF ECONOMIC CONDITIONS" AND OF THE
QUINAULT ALLOTTEES COMMITTEE'S 710521, REPORT TO THE BUREAU'S FOREST
MANAGER AT HOQUIAM, WASHINGTON
1.0 DEFINITION OF TERMS
For brevity and convenience, each of the following underscored terms
will have the meaning set forth opposite it below:
The Contract: The Crane Creek Logging Unit Timber Cutting Contract
No. I-101-IND-1902
Rayonier: The Purchaser, ITT Rayonier Incorporated.
The Secretary: The Secretary of the Interior.
The 710000 Trend Study: The Supervising Forester's 710608 Report
Entitled "Trend of Economic Conditions"
The Allottees Statement: The Quinault Allottees Committee's 710521,
Report to the Bureau's Forest Manager at Hoquiam, Washington
Forest Service Handbook: U.S. Forest Service Handbook of Timber
Appraisal and Cost Guide.
2.0 BACKGROUND
Section 11 of the Contract provides that the Approving Officer shall
"+++ revise stumpage rates in this Contract as the trend of economic
conditions in the West Coast forest products industries shall warrant
++++" The two most recent stumpage rate adjustments occurred in 690000.
Both were upward adjustments of major magnitude. Rayonier considered
excessive the first upward adjustment effective 690101. Notwithstanding
this, it did not appeal to the Secretary for relief from the excessive
increase. However, Rayonier did appeal to the Secretary for relief from
the second substantial upward adjustment effective 690701. This appeal
was taken on the ground that an upward adjustment was wholly unwarranted
and that, indeed, a downward adjustment was called for by what was
demonstrated to be a downward trend in economic conditions in the West
Coast forest products industries that had begun in the first quarter of
690000. The Secretary declined to grant relief for reasons not
pertinent to this critique. Although it considered the Secretary's
denial of relief to be arbitrary and unsupported by substantial
evidence, Rayonier advised the Secretary that it would not seek judicial
review of his ruling if the Secretary would initiate consultations
designed to establish mutually acceptable indicators of and guidelines
for measuring economic trends in the West Coast forest products
industries. The Secretary now has directed that the suggested
consultations go forward.
The downward trend of economic conditions in the West Coast forest
products industries, clearly apparent by the second quarter of 690000
(as Rayonier demonstrated in the 690000 proceedings), has continued
downward, as Rayonier predicted. The 710000 Trend Study now
acknowledges this. End-product prices has declined rapidly. Log prices
have declined significantly. Logging costs have increased
significantly. (710000 Trend Study, p.1).
For these reasons and others, on 710325, Rayonier requested the
Secretary to review stumpage rates. On 710422, the Secretary instructed
the Area Director, Portland, to study the matter and make findings and
recommendations to the Commissioner. The 710000 Trend Study represents
the Area Director's compliance with the Secretary's instructions.
3.0 THE PURPOSE OF THIS CRITIQUE
Rayonier has been furnished a copy of The 710000 Trend Study and of
The Allottees Statement and has carefully analyzed both of them. The
purpose of this critique is to make the Area Director aware of errors in
assumptions, analysis and method in both that have led to significant
errors in some of the conclusions reached therein. Insofar as The
Allottees Statement is concerned, the errors are so obvious, fundamental
and compounded as to cast serious doubt on the statement's usefulness
for any purpose. Insofar as The 710000 Trend Study is concerned, the
errors have resulted in significant understatements of the magnitude of
the stumpage rate reductions that are indicated by the study. In short,
the purpose of this critique is to persuade the Area Director that,
whereas The 710000 Trend Study (p.6) recommends as the "Indicated New
Rate" for each species the figures in column (3) of Figure 1 below, the
"Indicated New Rate" should be the figures in column (4) of Figure 1.
Table not keyed, see original
NOTE: This figure is incorrect. Correctly calculated, it should be
$12.55. The error occurred because The 710000 Trend Study ignored a
negative value for No. 3 grade White Pine logs. Refer to EXHIBIT M-1,
The 710000 Trend Study.
4.0 DESCRIPTION OF METHOD USED IN THE 710000 TREND STUDY TO ARRIVE AT
RECOMMENDED REDUCTIONS IN STUMPAGE RATES
This critique will deal first with The 710000 Trend Study and then
with the Allottees Statement (Section 9.0).
The reduced stumpage rates recommended by The 710000 Trend Study were
computed by subtracting: (a) computed logging costs (for the most
recent period for which data is available to make such computations)
from (b) computed log prices for the first quarter of 710000 (adjusted
for the profit and risk factor). The computed log prices were derived
from Industrial Forestry Association's (IFA's) log price reporting for
the combined Puget Sound/ Grays-Willapa Harbor markets for the first
quarter of 710000. The profit and risk factor used for that adjustment
was 1.1045. The computed logging costs were derived from several
sources and were computed in part according to the procedures set forth
in the Forest Service Handbook.
Insofar as The 710000 Trend Study is concerned, this critique will
accept as valid the basic method employed to derive "Indicated" stumpage
rates. Moreover, and notwithstanding the fact that Rayonier identifies
numerous objectionable and erroneous techniques employed in The 710000
Trend Study, this critique will not quibble about items that have minor
impact on the ultimate result, viz. the amount by which stumpage rates
now should be reduced. Stated conversely, this critique will raise only
those matters that the Area Director should consider as having a
significant bearing on why stumpage rates now should be reduced below
the levels recommended in The 710000 Trend Study (column (3), Figure 1)
to the levels indicated in column (4) of Figure 1.
For example, except for an explanatory comment on the first paragraph
on page 3 of The 710000 Trend Study, this critique will not take
exception either to the computed 710000 log prices or to the adjustment
for profit and risk factor. 1 Accordingly, the thrust of this critique
is directed exclusively at significant errors in the BIA's computation
of logging costs.
1. Particular reference is made to the first paragraph on page 3 of
The 710000 Trend Study. The remark in that paragraph that " +++ export
transactions reported by IFA exclude sales on a free alongside ship
(FAS) or loaded on ship basis +++" may indicate a misunderstanding of
Rayonier's position. Rayonier has never asserted that export prices
should be excluded from consideration. Rayonier has never objected to
the inclusion of FAS or loaded on ship prices. Its position has always
been that it is proper to consider all such log prices, provided,
however, that, in computing stumpage rates from log prices adjusted for
the profit and risk factor, the additional costs associated with FAS and
loaded on ship prices were added to logging costs.
5.0 BIA ERRORS IN COMPUTING LOGGING COSTS- GENERALIZED OBSERVATIONS
5.1 The BIA-Computed Increase In Logging Costs For The Period 680000
to 710000 Is Obviously Inadequate.
The computed logging costs used to justify the 690000 increases in
stumpage rates were derived principally from U.S. Forest Service West
Side logging cost data for 680000 because this was the latest logging
cost data then available. The computed logging costs used in The 710000
Trend Study to justify the "Indicated" stumpage rate in column (3) of
Figure 1 were derived from Forest Service West Side logging cost data
for 700000 because this, too, is the latest such data now available.
These data and computations reflect an increase in logging costs for the
three years from 680000 to the present of only $4.17 per M ($46.61
-$42.44). This computed increase has to be considered as suspect even
by those who are uninformed about the drastic impact of inflation on the
costs of the logging industry. During a three-year period of rising
logging costs that The 710000 Trend Study, itself, characterizes as
"significant" (p.1), it must be considered unrealistic and arbitrary to
assert as valid a total logging cost increase as modest as $4.17 per M.
5.2 The Secretary's Specific Direction That The 690000 Labor Contract
Be Specially Taken Into Account In This Stumpage Rate Adjustment Has Not
Been Complied With.
This computed logging cost increase ($4.17 per M) becomes even more
unreal as one considers specific increases in logging costs that
occurred during this period. One significant increase that cannot be
disregarded by BIA any longer is the 690601 industry-wide labor contract
affecting all of Rayonier's logging operations, including those in the
Crane Creek Logging Unit. This contract provided the sharpest increases
in workers' hourly rates in the history of the industry. The increases
were multiple increases. The 690000-70 increase was 13.7%. The
700000-71 increase was about 7.5%. The 710000-72 increase, now
effective, also is about 7.5%.
When it appealed from the mid-690000 stumpage rate increase, Rayonier
emphasized to the Secretary the Commissioner's error in failing to take
the increased labor costs into consideration. In his 701014 letter
declining to give relief, the Secretary included the following
paragraph:
"The logging cost computations did not take into account a new union
contract entered into just prior to the stumpage adjustments. This
would have to be taken into account in future stumpage adjustments with
due regard to this and other factors influencing logging costs."
The 710000 Trend Study refers to labor cost increases only on page 5
where it relies on State of Washington data. By making no reference
whatsoever to the labor contract in question, it fails to comply with
the Secretary's mandate.
5.3 The 710000 Trend Study Disregards Logging Costs Attributable to
Environmental Protection.
EXHIBIT K of The 690000 Trend Study fixed "Other Costs" at 85[ per M.
EXHIBIT L of The 710000 Trend Study uses the same figure for "Other
costs". In recent years, environmental control legislation and
regulations and similar requirements imposed by the allottees have
imposed upon Rayonier logging costs not experienced in past years.
These new and additional environmental control costs were not
contemplated when the Contract was formulated and bid. These costs are
substantial. For example, the cost of stream clearance, alone, now
being experienced in the Crane Creek Logging Unit is approximately 10[
per M. It has not been taken into consideration anywhere in The 710000
Trend Study.
These costs, like the costs attributable to "total defect" mentioned
in Section 5.4, are subjects that must be discussed in the
aforementioned consultations authorized by the Secretary.
5.4 Erroneous Assumption In The 710000 Trend Study With Respect to
"Total Defect".
As heretofore indicated, The 710000 Trend Study computed certain
logging costs by using the method established by the Forest Service
Handbook. Rayonier does not object to this technique so long as it is
correctly and consistently employed without unexplainable diversions and
variations.
Certain assumptions must be made in using the Forest Service
Handbook. The choice of assumptions has a significant bearing on the
magnitude of each logging cost that the Forest Service Handbook calls
for. The assumptions are identified in EXHIBIT N-1 to The 710000 Trend
Study. For the purposes of this critique, Rayonier accepts all of said
assumptions except those having to do with "defect". The "total defect"
error (line 4, EXHIBIT N-1) is the subject of the generalized comments
in this Section. The "scaling defect" error (line 5, EXHIBIT N-1) is
the subject of specific comments in Section 6.1.
"Total defect" represents that part of the tree that is left in the
woods and defect contained in logs removed from the woods. Whereas The
710000 Trend Study assumes that "total defect" with respect to Crane
Creek Logging Unit timber is 28%, Rayonier contends that the "total
defect" with respect to that timber is in the range of 30% to 40% or the
same as that percentage of "total defect" found in stands of timber
adjacent to the Crane Creek Logging Unit.
It is clear that the BIA's "total defect" assumption is unsupported
either by a study or by experience and has no relationship to the timber
produced from the Crane Creek Logging Unit. It is clear also that an
increase in the "total defect" assumption from 28% to a percentage in
the 30% to 40% range would result in significantly greater falling and
bucking costs. Notwithstanding its contention to this effect,
Rayonier's logging cost computations in column (5) of Figure 2 were
based on the same "total defect" assumption as is used in The 710000
Trend Study because Rayonier is unaware of any reliable study or data
that would support any particular "total defect" assumption.
This of course, is another one of the items that must be discussed in
the consultations authorized by the Secretary that are referred to in
Section 2.0.(2)
2. There is an obvious discrepancy in the falling and bucking cost
figures set forth in Figure 2. This discrepancy is attributable to what
is believed to be an error in The 710000 Trend Study that is totally
unrelated to the "total defect" assumption. It is probable that a
correction of the "total defect" assumption would more than offset the
minus 6[ 11 in falling and bucking costs that appears in column (3) of
Figure 2. Notwithstanding the obvious disadvantage of doing so,
Rayonier, to avoid the appearance of quibbling, has reduced its total
computed logging costs in column (5) of Figure 2 by the full amount of
the minus 6[ per M for falling and bucking set forth in column (3) of
Figure 2.
6.0 SPECIFIC ERRORS IN THE 710000 TREND STUDY THAT HAVE RESULTED IN
UNREALISTICALLY LOW COMPUTED LOGGING COSTS AND IN ERRONEOUSLY HIGH
"INDICATED" STUMPAGE VALUES
The foregoing sections have generalized about the 710000 Trend
Study's deficiencies insofar as it uses computed logging costs that are
unrealistically low for years of acknowledged inflation and, in
particular, for years of sharply increasing labor and environmental
control costs. The following sections will deal in detail with specific
errors in The 710000 Trend Study's computation of logging costs. These
sections not only will identify each error but also will correct the
error and, with the error eliminated, will use the method employed in
The 710000 Trend Study to compute corrected logging costs and corrected
stumpage rate reductions. By this means, the Area Director may measure
in dollars and cents the impact of the error on computed logging costs
and on "indicated" stumpage rate reductions.
The 710000 Trend Study's erroneous logging cost computations and the
corrected computations are arrayed on Figure 2. Each of the specific
corrections in column (3) of Figure 2 is keyed in column (4) to one of
the following sections wherein the error and the correction is
explained.
Figure 2
CRANE CREEK LOGGING UNIT LOGGING COSTS PER M fbm
Table not keyed, see original
6.1 Erroneous Assumption In The 710000 Trend Study With Respect to
"Scaling Defect".
"Scaling defect" is the difference between the scaler's gross scale
and the adjusted net scale that is attributable to rot, knots, shake,
twist and other defects for logs removed from the woods. Whereas The
710000 Trend Study assumes that "scaling defect" with respect to the
Crane Creek Logging Unit timber is 18% (Line 5, EXHIBIT N-1), a Rayonier
study in 700000 indicates a 22% "scaling defect" in Crane Creek Logging
Unit timber.
A change of one or two percentage points in the "scaling defect"
factor has a substantial effect on all logging costs incurred after the
tree has been felled and bucked. If one should change the "scaling
defect" assumption called for by the Forest Service Handbook (Line 5,
EXHIBIT N-1, The 710000 Trend Study) from 18% to 22%, it results in the
increase in yarding, loading, depreciation and transportation costs
keyed to footnote 4 in column (3) of Figure 2.
6.2 Reduced Yarding Distances and Costs Means Additional Roads and
Road Costs.
In computing yarding costs in its EXHIBITS N-1 and N-2,
The 710000 Trend Study (second column, entitled "Average Yarding
Dist.") reflects a reduced yarding cost attributable to reduced yarding
distance not inconsistent with current practices. Rayonier does not
reject this reduction of yarding costs so long as compensatory increases
in the cost of additional roads are used in computing total logging
costs. To the extent that yarding distances diminish, additional roads
must be built and extended. Rayonier is unable to identify any increase
either in road development costs or in road maintenance costs on EXHIBIT
L of The 710000 Trend Study. These are significant cost factors that
tend to offset the reduction in yarding costs attributable to a
reduction in yarding distances.
These offsetting factors are reflected in the items keyed to footnote
5 in column (3) of Figure 2.
6.3 The 710000 Trend Study Assumes That There Have Been No Road
Maintenance Cost Increases During The Two-Year Inflationary Period,
690000-710000.
EXHIBIT K to the 690000 Trend Study computed an 88[ per M road
maintenance cost on the basis of 680000 data (U.S. Forest Service West
Side logging cost data). The 710000 Trend Study computes road
maintenance at exactly the same figure. It is patent that all costs of
this nature have increased. Road maintenance involves costly equipment
such as front end loaders, trucks and graders and the supplies to
operate and maintain them such as gasoline. diesel oil, lubricating oil
and tires. Nearly half of the cost of road maintenance is labor; all
of those labor costs have been affected by the 690000 labor contract,
the effect of which is discussed above.
Rayonier has computed road maintenance costs so as to reflect
inflationary trends since 680000, increases in labor costs since 690600
and the additional roads mentioned in Section 6.4. This computation
places current road maintenance costs at 97[ per M or higher or at least
9[ per M higher than in 680000. See the items keyed to footnote 5 in
column (3) of Figure 2.
6.4 The 710000 Trend Study Arbitrarily Has Disregarded The Forest
Service Handbook Procedures With Respect To Booming, Rafting and Local
Towing Costs.
Not all of the logging costs arrayed on EXHIBIT L of The 710000 Trend
Study are derived from the Forest Service Handbook. The ones that are
derived from the Forest Service Handbook are keyed to footnote 1 of that
exhibit. It should be observed that the Forest Service Handbook
provides cost data for costs other than those keyed to footnote 1 of
EXHIBIT L of The 710000 Trend Study. For example, the Handbook provides
cost data on booming, rafting and local towing.
However, in computing booming, rafting and local towing costs in
EXHIBIT L of the 710000 Trend Study, the Bureau departed from the
allowance prescribed by the Forest Service Handbook. If the Handbook
had been followed, the booming, rafting and local towing costs would
have been $3.62. For reasons unknown to Rayonier, The 710000 Trend
Study uses the figure $3.15. If the Handbook procedures are to be used,
they should be used consistently and in all pertinent calculations of
logging costs. To depart from them for unexplained reasons and to
insert in lieu of the correct computations figures for which there is no
apparent source, must be characterized as arbitrary. (9)
The correct figure ($3.62 per M) is used in Figure 2 and the increase
(47[ per M) is reflected in the item keyed to footnote 6 in column (3)
of Figure 2.
9. There is a suggestion that the study has employed $3.15 per M
because this is said to reflect the trend of Rayonier's own cost
experience for booming, rafting and local towing. In the past Rayonier
has urged the Bureau to use its actual Crane Creek Unit logging costs in
computing stumpage prices. This suggestion has been rejected for a
number of reasons not pertinent here. However, in more than one
instance the Bureau has persisted in employing Rayonier's actual costs
when the actual costs are lower than the same costs computed in
accordance with the Forest Service Handbook. This practice would be
acceptable if, on each occasion that Rayonier's actual costs exceed
computed costs, Rayonier's actual costs would be employed.
6.5 Road Development Costs Have Increased Since 1960.
The 710000 Trend Study (Item 3, EXHIBIT L) computes a road
development cost no greater than the road development cost it computed
in 600000. Even if it should be assumed that the 600000 figure is
correct (an assumption that Rayonier declines to make), it is obvious
that it is incorrect to use the same figure in 710000. After eleven
intervening inflationary years, some adjustment reasonable must be made
for inflation alone, not to mention increases attributable to
non-inflationary considerations.
For example, the cost of gravel, alone, has risen 18[ per M since the
last stumpage price adjustment. Rayonier buys from the Indian allottees
in the Crane Creek Logging Unit all gravel used in road construction and
maintenance in the Unit. At the insistence of the gravel selling
allottees and of the Allottees Committee, since mid 690000 the price of
the gravel used in the Unit has been forced upward from 10[ per cubic
yard to 25[ per cubic yard.
Rayonier's actual road development cost presently is $2.89 per M.
Although the Bureau may decline to give consideration to actual costs,
it is apparent that the $1.88 per M figure is absurdly low and that
Rayonier's actual road development costs are not unreasonable high.
Accordingly, $2.89 per M has been used in column (5) of Figure 2 and it
reflects the $1.01 per M increase keyed to footnote 7 in column (3) of
Figure 2.
6.6 Sorting Yard Costs Are Understated In The 710000 Trend Study.
EXHIBIT L of the 710000 Trend Study includes a computed sorting yard
cost of $3.28 per M. This is an increase of only 22[ per M since 680000
to 690000. Rayonier actual cost attributable to its Crane Creek Unit
sorting yard is $4.02 per M. To the extent that it be permissible for
the Bureau to substitute in lieu of a computed cost ($3.62 per M) for
booming, rafting and local towing Rayonier's trended costs ($3.15 per M)
attributable to these activities (refer to Section 6.4, infra), then, to
the same extent it is required that the Bureau substitute in lieu of a
computed cost ($3.28 per M) for the sorting yard Rayonier's actual cost
($4.02 per M) attributable to its Crane Creek Unit sorting yard. When
this is done, it results in the 74[ per M logging cost increase keyed to
footnote 7 in column (3) of Figure 2.
7.0 SUMMARY THE CUMULATIVE EFFECT OF BIA'S LOGGING COST ERRORS
"INDICATES" A REDUCTION IN STUMPAGE RATES TO A LEVEL LOWER THAN
RECOMMENDED IN THE 710000 TREND STUDY.
Each of the logging cost errors described in Sections 5 and 6 above,
standing alone, is significant and substantial. Each has a significant
bearing on the amount by which logging costs are erroneously understated
in The 710000 Trend Study and on the amount by which stumpage rates now
are to be reduced. If corrected, each error would produce a greater
stumpage rate reduction than is now indicated by The 710000 Trend Study.
In preparing Section 6 of this critique Rayonier has computed logging
costs substantially in accordance with the Forest Service Handbook and
in accordance with the procedures reflected by EXHIBIT N and L of The
710000 Trend Study. Doing so, it has corrected the errors identified
above, viz. those errors related to scaling defect, compensatory costs
for additional roads attributable to reduced yarding distance, road
maintenance, road development and sorting yard costs. The total of
logging costs, so computed, is $50.73 per M as compared to the total
logging cost of $46.61 per M as computed by The 710000 Trend Study.
This indicates that the cumulative effect of all of the aforementioned
error has been a very substantial $4.12 per M understatement of logging
costs in The 710000 Trend Study.
When the corrected computed logging costs ($50.73 per M) are applied
to log prices adjusted for the profit and risk factor (a value not
challenged herein), the "indicated" reduction in stumpage rates is
substantially greater than those reflected in The 710000 Trend Study.
Figure 3 is comparable to EXHIBIT M of the 710000 Trend Study. Whereas
EXHIBIT M deals in grades as well as species, Figure 3 starts in column
(1) with the first quarter 710000 weighted average log values computed
in accordance with EXHIBIT A of The 710000 Trend Study. Then, in column
(2) it applies the 1.op (1.1045) profit and risk factor just as that
factor is applied in column (2) of EXHIBIT M. Then, in column (3) it
subtracts the corrected logging costs reflected in Figure 2 to arrive at
corrected "indicated" stumpage rates per species. This figure is then
compared with the present stumpage rate in column (5) and with the
incorrect "indicated" stumpage rate in column (4) reflected by The
710000 Trend Study.
Figure 3
CRANE CREEK LOGGING UNIT REVISED STUMPAGE RATE CALCULATIONS
710701
Table not keyed see original
#NOTE: The values in this column are derived from the extreme right
hand column of EXHIBIT A, The 710000 Trend Study.
#NOTE: The values in this column vary slightly from the values in
column 3 of Figure 1 because they were calculated on the basis of
weighted average log prices per species whereas the values in column 3
of Figure 1 were calculated on the basis of per grade log prices.
8.0 CONCLUSION
For the foregoing reasons, the Area Director should disregard the
"indicated" stumpage rates recommended to him in The 710000 Trend Study
and should establish instead the "indicated" stumpage rates set forth in
column (3) in Figure 3.
9.0 CRITIQUE OF THE ALLOTTEE'S STATEMENT
Joint consultations involving representatives of the allottees, of
Rayonier and of the Area Director's staff were held in Hoquiam 710630.
The pending stumpage rate reduction now under consideration was
discussed fully. At the conclusion of Rayonier's oral presentation
paralleling this written critique, the Allottees Committee Chairman,
Mrs. Mitchell, was asked to express the allottee' reaction to the
Rayonier presentation. She responded by saying in effect that the only
basis for allotees' opposition to Rayonier's position is that, since
690000, Rayonier has reduced its Crane Creek production, thereby
reducing allottees' gross income and that a reduction of stumpage rates
now would tend to depress further the allottees' income from their Crane
Creek timber.
Mrs. Mitchell's statement is non sequitur. If an increase in
stumpage rates motivates Rayonier to reduce production, it follows that
a reduction in stumpage rates will motivate it to increase production.
Be that as it may, the magnitude of Rayonier's production and the
allottees' gross income is irrelevant insofar as the periodic adjustment
of stumpage rates is concerned. Section 11 of the contract speaks for
itself in establishing as the principal if not the sole basis for
stumpage rate adjustment the economic trend in the West Coast forest
products industries.
In any event, it should be observed that Rayonier's obligation under
the contract is to produce a minimum of 25 million feet of timber per
year from the Crane Creek Logging Unit. The minimum production in any
year since 590000 has been 46 million feet. There is nothing to suggest
a breach or threatened breach of this provision of the contract.
Finally, Mrs. Mitchell's statement may be interpreted as a withdrawal
from the position taken in the Allottees Statement and an acceptance
(except as to the matter of production) of the points set forth in this
critique.
Insofar as the Allottees Statement continues to state the allottees'
position, it proceeds on the theory that the timber produced from State
timber sales in the Forks, Washington, District reaches a market
comparable to the timber produced from the Crane Creek Logging Unit.(10)
State sales in the Forks area are appraised for delivery on board trucks
to log dumps or sorting
10. In this connection, the comment in footnote 1 above should be
repeated here. Rayonier has no objection in the computation of log
values to the consideration of export sales, FAS sales, or on-board-ship
sales; provided, that the additional costs involved in bringing the
logs to water and rafting them and moving them to shipside or free on
board is added to logging costs in determining revised stumpage rates.
grounds in the Port Angeles and Grays Harbor areas. Although it is true
that, unlike the Forest Service, the State has no restrictions on the
volumes of its timber that may be exported, the State does not use
export prices to figure the "average log value" set forth in the table
on page 1 of the Allottee's Statement. Those values clearly reflect the
State's estimate of what the average log from the sale will yield in the
domestic log market. Accordingly, the data from the State sales in the
Forks District are not at all comparable to Crane Creek Logging Unit
timber. This error is carried over into the table on the top of page 2
of the Allottees Statement, rendering it inaccurate. In the column
headed "Value Av. Log", the value for State timber, again, reflects a
domestic log price whereas the Crane Creek figure reflects IFA prices
that in turn reflect a blend of domestic and export prices.
The table on page 2 of The Allottees Statement is misleading in other
respects. To speak of the figures in the two right-hand columns as
"Actual Stumpage" and as "Actual Logging costs" is absurd. All of those
figures are computed.
Also, for a reason that is unexplained and, probably, unexplainable
in the case of State timber, logging costs have been reduced by $10.59
and $10.16 and stumpage has been increased by these amounts. This is
said to be attributable to a differential in transportation and
development. However, the reduction of logging costs by this amount and
the increase of stumpage values by this amount is inexplicable and
patently erroneous. Apparently, this technique is used in an effort to
adjust State data so that it will be comparable to Crane Creek Logging
Unit data. This adjustment compounds the error already mentioned. The
data was not comparable to begin with; the adjustment makes it that
much more erroneous and frustrates valid analysis based thereon.
Moreover, it is apparent by inspection that the $34.39 logging cost
factors for booming, rafting, local towing, sorting, handling etc. that
are included in the computation of the Crane Creek logging costs
reflected on EXHIBIT L of The 710000 Trend Study. According to that
exhibit, booming, rafting, local towing and sorting, alone, would
represent a cost of $6.41 that The Allottee's Statement has not taken
into consideration in any manner.
Finally, The Allottee's Statement speaks of stumpage prices on
competitive timber sales remaining at a high level. This is a
misstatement of fact disproved by EXHIBIT C of The 710000 Trend Study.
That exhibit reflects State of Washington timber sales in the Forks
District by species for each quarter of 690000 and 700000. The extreme
right hand column entitled "Bid Rate" confirms what Rayonier asserted in
opposing the mid 690000 stumpage rate increase and in appealing
therefrom, viz. that, with few exceptions, prices, including bid rates,
broke downward in 690300 and, generally speaking and with certain
exceptions, have declined continuously and substantially since that
date.
In conclusion, The Allottee's Statement is premised on serious
misconceptions and erroneous assumptions about data. These data then
have been subjected to erroneous adjustments that have rendered them
totally invalid and useless. The Allottees Statement is so fraught with
error compounded on error as to be totally unreliable and misleading.
In his consideration of the contemplated stumpage reduction, the
Commissioner should completely disregard the Statement.
HEL-009-1822-1853
HEL-009-1822-1853
671122
CORRESPONDENCE
SCHMIDT, G E BR OF INDUSTRIAL DVL
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.
380
C.R. 7579-61-920-WESTERN WASHINGTON
Industrial Development
671122
Mr. Dale M. Baldwin
Area Director, Portland, Oregon 97208
Attention: Industrial Development
Dear Mr. Baldwin:
Information on the application for a loan to the Small Business
Administration by Mrs. Frances E. Sohol, owner of the Shoreline Motel,
La Push, Washington was submitted to this office recently with a request
that Prentiss Mooney, Branch of Industrial Development, review and make
pertinent comments. His report follows:
There appears to be a paucity of information in the application for
an SBA loan by Mrs. Frances E. Sohol, owner and operator of Shoreline
Resort, La Push, Washington. It seems that Mrs. Sohol made out the
application herself and needed assistance prior to so doing. Because of
his past background in the Small Business Administration, Dr. Waldo
Waltz Branch of Credit, was asked to look over the SBA application and
comment on it. Most of the remarks concerning this application
originated with him.
On page 1, the number of square feet appears as 48,000 and should be
4,800. The estimate for construction of the building seems too low, and
certainly the cost of furnishing motel units that are to rent for up to
$15.00 (for 4) is much too low. This would come to only $333.33 a unit
which is about one-third what a confortably furnished unit should
cost-especially if it is to have enough furnishings (beds, mattress,
linens, etc.) to house four people at capacity.
On the second page, under depreciation, an across the board
depreciation of 10 percent is given- including depreciation for the
land. This is a mistake as it is conceivable the land would appreciate
in value rather than decline. Also, what is the basis of 10 percent
depreciation of the building? The application does not show the
depreciation schedule.
On page 3, no maturity date is given for any of the notes and
mortgages. It would seem important to state these pertinent data,
especially as the first item gives an amount itemized as "interest
only". In the second item, no security is indicated, leading to belief
it may be a time payment contract, but is not stated. Third item should
indicates if there is a co-signer or other security for note. The
fourth item seems to be an installment payment contract, but as with the
others, no maturity date is indicated.
As to the income and ability to repay: The occupancy rate for the
year is only 20 per cent of capacity, based upon income shown as
compared with the amount of income which would be forthcoming at 100 per
cent occupancy 365 days a year. At the same time, the net profit
amounts to 29 per cent of the total sales, which is very good. And
annual net profit on the original investment is some 10 per cent. It is
assumed no salary was taken by the owner, her entire revenue coming from
the net profit item.
Projecting the 20 per cent occupancy into future operation following
construction of the six new units, it would indicate an income of some
$5,913. This projection is based on 100 per cent occupancy revenue of
$81.00 per day for the six units - figured on three persons to a unit
($13.50 - or midway between the $12.00 and $15.00 figures quoted).
It is conceivable occupancy of six new units could be higher than the
20 per cent estimated, by figuring full occupancy in 000700 and 000800
(62 days), 17 per cent of the year; 50 per cent occupancy for half of
000500 and 50 per cent of 000600 and 000900 (a total of 38 days
occupancy) or 10.5 per cent of the year. This 10.5 combined with the 17
per cent adds up to 27.5 per cent occupancy for the year.
It is impossible to forecast the business to be generated by the
cocktail lounge and restaurant, as there is no history of an operation
here. Moreover, placing the bar and restaurant on the second floor
seems unusual and not conducive to attracting trade. It would seem more
logical to have the six units on the second floor with the restaurant
and bar on the ground floor. Again, estimate for furnishings and
equipment appears low. The break-even point cannot be figured in the
absence of more financial data on what constitutes capital expenses,
operating expenses, depreciation schedule, etc.
Based on the revenue received from the existing units, it might be
feasible and sound to construct the additional units. Certainly the
addition of the cocktail lounge should serve not only as an attraction
to prospective guests, but should be a means of bringing in additional
revenue. Traditionally, bars return a much higher per cent of profit
than do restaurants and motel units.
But in the absence of more concrete financial date, of knowledge of
the property, its potential for increasing occupancy through promotion
by extending the season - it is next to impossible to evaluate the
soundness of this project. Much depends upon the management - both on
business decisions and on just plain hard work in maintaining the motel
as a clean and attractive place of lodging.
Sincerely yours,
(Sgd.) G. Gordon Evans
Geo. E. Schmidt, Chief Branch of Industrial Development
cc: surname, chron, mailroom RET/ea/5-22-67
cc: Mr. Jerry Kazmierczak Reservation Programs Officer Western
Washington Agency Bureau of Indian Affairs Everett, Washington
HEL-009-1854-1858
HEL-009-1854-1858
BALDWIN, D M DOI BIA PAO INDUSTRIAL DVLP
670509
CORRESPONDENCE
WILCOX, E R DOI BIA PAO
IN REPLY REFER TO: Industrial development
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
PORTLAND AREA OFFICE POST OFFICE BOX 3785 PORTLAND, OREGON 97208
670509
Commissioner of Indian Affairs
Washington, D. C. 20242
Attention: Mr. George E. Schmidt, Chief, and Prentiss Mooney Branch
of Industrial Development
Sir:
Enclosed is an application to Small Business Administration for a 7
(a) loan and several sketches of a proposed building. This application
was made to Small Business Administration by Mrs. Frances E. Sohol,
owner and operator of Shoreline Resort, La Push, Washington. Mrs. Sohol
is a member of the Quinault Tribe.
Western Washington Agency has requested that I forward this
information in order that Mr. Prentiss Mooney, Branch of Industrial
Development, review it and supply us with any comments and suggestions
he may have. Unfortunately, we do not have any additional information
on the project, but should the need arise, perhaps Mr. Mooney could call
either Mr. John Gordon, Assistant Superintendent, Hoquiam, Washington or
Mr. Jerry Kazmierczak, Reservation Programs Officer, Everett,
Washington.
Sincerely yours,
Earle R. Wilcox Earle R. Wilcox Acting Assistant Area Director
(Economic Development)
Enclosures 3 SBA "Application for Loan" Rates for cabins--1 page
Sketches--6 sheets
UNITED STATES OF AMERICA SMALL BUSINESS ADMINISTRATION
APPLICATION FOR LOAN
Under Section 7(a) Small Business Act As Amended
INSTRUCTIONS
General . Applicant should discuss financial problems with Regional
of Branch Office personnel of the Small Business Administration
(hereinafter called "SBA"). Additional sheets may be attached to answer
any question or to provide other supporting data. If A Question is
Inapplicable Answer With The Word "None"; Failure To Include All
Pertinent Information On This Form Or By Attachment To it, Or Failure To
State "None" Where Appropriate, May Indicate The Withholding Of
Information And Will Delay Action On This Application.
Direct Loans . One copy of this form shall be submitted to the GBA
Regional or Branch Office serving area in which applicant is located.
Partipation Loans . Two copies of this form shall be submitted to
the participating bank or other lending institution which will execute
the Application for participation of Guaranty Agreement contained on
page 4 hereof and transmit one copy of this form with one copy each of
all supporting data to the appropriate SBA office.
SBA Form 4, Part II, Must Be Submitted in Triplicate. Before
Completing This Form, Read Instructions On SBA Form 4A.
Name and Address of Applicant (Street, city, county, state and Zip
Code)
FRANCES ELLIOTT SOHOL Box 26 LA PUSH WASHINGTON
Telephone No: 374-6488
Date of Application
670420
Amount of Loan Requested $60,000
Maturity Requested 10 yrs.
Marital Status (If not a corporation, give name of spouse for each
married partner or owner): MARRIED
ILLEGIBLE
1. BUSINESS (See Instruction Sheet - SBA Form 4A) Date Established
630500
(a) Principal Products or Services RESORT ACCOMODATIONS
(B) Employment - The number of present employees in the applicant's
business is 2, and the applicant estimates the loan applied for would
result in the additional employment of 7. (include as employees, owner,
partners and members of family active in the business.)
(c) Subsidiaries and Affiliates - List on an attached sheet the name
and addresses of (1) all concerns that may be regarded as subsidiaries
of the applicant, including concerns in which the applicant holds a
controlling (but not necessarily a majority) interest, and (2) all other
concerns that are in any way affiliated, by stock ownership or
otherwise, with the applicant. The applicant should comment briefly
regarding the trade relationship between the applicant and such
subsidiaries or affilates, if any, and if the applicant has no
subsidiary or affiliate, a statement to this effect should be made.
Balance sheets and operating statements must be submitted for all
subsidiaries and affiliates.
(d) Purchase and Sales Relations with Others - Does applicant buy
from, sell to, or use the services of, any concern in which an officer,
director, large stockholder, or partner of the applicant has a
substantial interest? No. If "Yes" give names of such officers,
directors, stockholders, and partners, and names of any such concern on
attached sheet.
(e) Receivership - Bankruptcy - Has applicant or any officer or the
applicant or affiliates or any other concern with which such officer has
been connected ever been in receivership or adjudicated a bankrupt. No.
If "Yes" give names and details on separate sheet.
2. PURPOSES OF LOAN Specific Uses For Which Loan is Desired Amount
ILLEGIBLE
ILLEGIBLE 24 x 100 (48000 SQFT) TO HOUSE 6 ADDITIONAL UNITS
RESTAURANT TO 5F AT 50 - COCKTAIL LOUNGE (LICENSE
ILLEGIBLE AND GIFT SHOP.
BUILDING 48,000. FURNITURE FOR UNITS 2000. RESTURANT-BAR FACILITIES
10,000.00 Total (This should agree with amount of loan requested)
$60,000
3. PREVIOUS GOVERNMENT FINANCING (List assistance received or
requested and refused in past five years and any pending applications):
Name of Agency or Department NONE
4. NAMES OF ATTORNEYS, ACCOUNTANTS, AND OTHER PARTIES. The names of
all attorneys, accountants, appraisers, agents, and all other parties
(whether individuals, partnerships, associations or corporations)
engaged by or on behalf of the applicant (whether on a salary, retainer
or fee basis and regardless of the amount of compensation) for the
purpose of rendering professional or other services of any nature
whatever to applicant, in connection with the preparation or
presentation of this application or with any loan to applicant which SBA
may make, or in which SBA may participate, as a result of this
application, or such loan or participation; and all fees or other
charges or compensation paid or to be paid therefor or for any purpose
in connection with this application whether in money or other property
of any kind whatever, by or for the account of the applicant, together
with a description of such services rendered or to be rendered, are as
follows:
Name and Address DOROTHY McKAY CPA 1732 N.W. MARKET ST SEATTLE WASH,
99107 (NEW ADDRESS SHORT)
Description of Services Rendered and to be Rendered
FINANCIAL STMTS. (TIME BASIS.)
Total Compensation Agreed to be Paid $15000
Compensation Already Paid NONE
IT IS NOT REQUIRED THAT AN APPLICANT EMPLOY REPRESENTATIVES IN ORDER
TO FILE A LOAN APPLICATION WITH SBA.
APPLICANT SHOULD IMMEDIATELY NOTIFY SBA OF ANY CHANGE IN OR ADDITION
TO THE INFORMATION SET FORTH ABOVE.
# Subject to SBA approval. Compensation contingent upon loan
approval is not allowed. In the event of loan approval, SBA forms
setting forth details of services performed or to be performed, must be
executed by applicant and the parties, if any, listed above.
SBA Form 4 Part 1 (4-66) PREVIOUS EDITIONS ARE OBSOLETE
ILLEGIBLE
(Statement must be dated within 60 days of the filing of this
application. Omit $.00)
(In addition to the balance sheet prescribed below, submit in
duplicate,
ILLEGIBLE
ASSETS
ILLEGIBLE
ILLEGIBLE
ILLEGIBLE
ILLEGIBLE
ILLEGIBLE
ILLEGIBLE
Stock in Process
ILLEGIBLE
Other Current Assets
TOTAL CURRENT ASSETS $592
Cost Depr. Land 3000 300 Buildings 34000 3400 Mach. & Equip. F & F
6740 677 Autos & Trucks
NET FIXED ASSETS (Cost Less Depr.) $39363 Due from Affiliates or
Subsidiaries Due from Officers, Directors, and Stockholders Life
Insurance (Cash Surrender Value) Other Assets
TOTAL ASSETS $39955
LIABILITIES Accounts Payable for Merchandise $ Notes Payable Payments
Due Within One Year: To Banks For Merchandise To Officers, Directors
and Stockholders To Others Mortgages Payable-Payments Due Within One
Year 2504 Contracts Payable-Payments Due Within One Year 979 Accounts
Due Officers or Stockholders Accounts and Notes Due Affiliates Income
Taxes Withholding and Other Taxes Other Accruals Other Current
Liabilities SBA Loan-Payments Due Within One Year
TOTAL CURRENT LIABILITIES $3479 Notes Payable-Payments Due After One
Year Mortgages Payable-Payments Due After One Year 10000 Contracts
Payable - Payments Due After One Year 1,432 SBA Loan- Payments Due After
One Year Other Liabilities
TOTAL LIABILITIES $14,911 Capital Stock Outstanding $ Earned Surplus
Capital Surplus Capital Account (If individual or partnership)
TOTAL LIABILITIES AND NET WORTH $25044 Working Capital: C/A-Minus
C/L $
ITEMIZE ON A SEPARATE SHEET ALL ITEMS MARKED WITH AN ASTERISK.
(b) CONTINGENT LIABILITIES: Yes (Please check) If yes, accounts or
notes receivable discounted or sold with endorsement or quarantee & all
other contingent liabilities, including terms of any leases, should be
explained on a separate sheet. Also, describe any pending or imminent
litigation.
(c) Terms of Sale:
Ageing Accounts Receivable Accounts Payable Under 30 days 30 - 60
days 60 - 90 days 90 - 120 days Over 120 days Uncollectible
Totals
Date of Last Physical Inventory: Income tax shown above is due for
the year(s) Income tax returns aduited by Internal Revenue Through year
Withholding taxes shown above are due for the period: Dollar Amount of
obsolete inventory
SBA Form 4 Part 1 (4-66)
(d) Please list all Contracts, Notes and Mortgages Payable and
reconcile with figures on Balance Sheet (indicate by an items to be paid
from loan proceeds.)
Table not keyed, see original
6. CONDENSED COMPARATIVE STATEMENTS OF SALES, PROFIT OR LOSS, ETC.
Detailed Profit and Loss Statements Must Be Attached
Table not keyed, see original
NAME, ADDRESS AND SOCIAL SECURITY NUMBER OF GUARANTORS (Each
principal must submit a signed personal balance sheet as of the same
date as the applicant's sheet)
Frances Elliott Sohal Box 36 LA PUSH WASHINGTON 98350 000-00-9363
Present Cabin Rates Thirteen cabins in all Occupancy costs per day 4
large cabins Three @ $17 One @ $20
Nine remaining cabins are smaller with charges as follows:
Four @ $15
Three @ $10
Two @ $8.50
Six new units will be constructed as indicated by the attached
drawings and will have a different rate structure.
$15 for Four people
$12 for Two perople.
The season out on the coast usually begins around around 000515 and
extends to 001001. Peak demand months are 000700 and 000800, with
000500, 000600, and 000900 dependent upon weather as school recess.
SHORELINE RESORT LA PUSH. WASH.
670419
Map not keyed, see original
SHORELINE RESORT LA PUSH WASH
LA PUSH WASH
670419
Diagram not keyed, see original
B I A Site Service
QUINAULT RESERVATION, WASHINGTON
Location
The Quinault Reservation is located on the Pacific Ocean and has
about 15 miles of ocean frontage. It is the largest reservation in the
Western Washington Agency, consisting of nearly 190,000 acres of which
more than 136,000 acres are in a trust or restricted status. For the
most part, the reservation is located in Grays Harbor County with the
southern border of the reservation about 30 miles from the twin cities
of Aberdeen-Hoquiam. Taholah with a population of about 300 people is
the largest settlement with Queets Village at the northern most tip of
the reservation second with about 200 people.
Distance From Taholah, Wash.
Seattle, Washington 150 Portland, Oregon 190
Olympia, Washington 85 Spokane, Wash. 495
Vancouver, B.C. 300 Aberdeen Wash 40
Description
The Quinault Reservation contains an area of nearly 190,000 acres of
which 98 per cent is allotted land. The principal resource of the
reservation is its large stands of commercial timber which is a major
source of income to the land owners. The Quinault River begins at
Quinault Lake and cuts across the reservation in an east-west direction
before reaching the Pacific Ocean at Taholah.
Climate
The Japanese Current and the Pacific Ocean moderate the temperatures
along the coast. Rainfall is heaviest during the winter months, but
heavy rains can be expected throughout the year.
Transporation
Highways
The main north-south highway U.S. 101 crosses the Quinault
Reservation then parallels the eastern border of the reservation before
reaching Aberdeen-Hoquiam. The state highway 109 from Hoquiam-Aberdeen
termicates at Taholah on the reservation.
Airlines
Regular passenger service is available from Aberdeen-Hoquiam about 40
miles from Taholah, Washington.
Railroads
The Northern Pacific Railroad serves Moclips, Washington about 15
miles from Taholah.
670400
Bus
There is no bus service to Taholah.
Recreation and Attractions
Fishing along the Quinault River with guide service is available
during trout season. Camping and beach combing are two other
attractions available along the coast. The annual Quinault Trout Derby
is held in 000500 or 000600 and is highlighted by canoe races down the
Quinault River. Another celebration is known as Taholah Days Indian
Celebration held in 000700.
Facilities
Adequate facilities for food and lodging are available in the small
towns along the coast and in Aberdeen-Hoquiam.
Health Facilities
Hospital care is available at community hospitals at the 125-bed St.
Joseph Hospital and the 98-bed Grays Harbor Community Hospital in
Aberdeen.
Population
There are about 600 Quinault Indians living on the reservation with
most of the people residing at Taholah and Queets Village.
670400
HEL-009-1859-1878
HEL-009-1859-1878
COMM OF INDIAN AFF DOI BIA SCHMIDT, G E BR OF INDUSTRIAL DVL MOONEY, P
BR OF INDUSTRIAL DVL
670421
CORRESPONDENCE
REUBEN INDUSTRIAL DVLP PAO
RECEIVED
680508
Form 5-388 530700 45136
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Air Mail
For Information
TO Commissioner.
FOR ATTENTION OF: Mr. George E. Schmidt, Chief, Branch Industrial
Development
FROM Industrial Development, Portland Area Office
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION: R. Fuhrer
DATE: 670419
SUBJECT Ltr cy to Dale M. Baldwin, Area Director, dated 670328, from
Washington, D.C. signed by George E. Schmidt, ref. inspection trip made
by Mr. Mooney to Queets Motel.
As requested we are mailing a copy of the above mentioned letter.
670321
Reuben Reuben
HEL-009-1879-1879
HEL-009-1879-1885
COMM DOI BIA SCHMIDT, G E BR OF INDUSTRIAL DVL
670428
CORRESPONDENCE
SCHMIDT, G E BR OF INDUSTRIAL DVL
RECEIVED
670528
IN REPLY REFER TO:
Industrial Development
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON, D.C. 20242
Mr. Dale M. Baldwin
Area Director, Portland, Oregon 97208
Attention: Industrial Development
Dear Mr. Baldwin:
On 000320, Frontiss Mooney, Industrial Development Specialist of my
staff, upon request of the Portland Area Office made an inspection trip
to Queets, Washington. His objective was to evaluate the potential of
the Queets Motel and store on the Quinault Reservation, and determine if
the purchase of the property for the asking price of $170,000 was
advantageous to the Quinault Tribe. His report follows:
The financial statement of Clear Water Enterprises at Queets,
Washington, for the year ending 661231, showed an annual not income of
$5,065.83 and a gross income of $113,487,48. On the basis of the asking
price of the Queets Motel and store of $170,000, this amount of income
is less than a three percent return on the investment. Moreover, a
return of this amount would preclude spending more for wages and
salaries than was spent last year, when $2,200 plus was spent for wages
and $6,350 for officers' salaries.
It is apparent that to operate efficiently, it would require at least
two fulltime couples, and it is extremely doubtful if four people could
be hired for this amount, especially if they were as efficient as they
should be. It was reported that Mrs. Becker, owner of the Kalaloch
Beach Ocean Village, five miles north of Queets at Kalaloch, Washington
offered to pay a maintenance man $650 a month and lodging, but could not
obtain one at that price.
The present management team of Mr. and Mrs. Vorle Olmated is
experienced and puts in many hours daily in operating this property.
They live on the premises and are available on a 24 hour basis. It is
unlikely that a non owner would be as attentive to the operation or be
as qualified in maintenance work as Mr. Olmsted, a former contractor who
can handle most repair jobs.
It should be emphasized that future operators of this property will
need to know much of maintenance and repair, as its condition is rather
sad,
It was noticed that several chimneys were not adhering closely to the
buildings; roofs and sidings needed repair or replacement; and there
were a number of places where shortcuts had been taken in repairs,
indicating an overall upgrading is long overdue. The electrical wiring
setup is in what I would term an unsafe condition, including the wiring
in the powerhouse and on the generators. Oily waste and trash
contribute to the safety hazard.
This property dates from the early 1930's and looks it. While it is
true that a newer store probably would not sell much more merchandise, a
more modern motel would attract more guests.
Queets is in an area of heavy rainfall (the 660000 precipitation
total was 133 inches) and wooden structures always have a shorter life
in this kind of climate. It is logical to assume the 35-year-old
buildings comprising this property are in their declining years. An
astute owner would do well to consider one of two actions: Sell the
property soon or start a rebuilding program.
It is probable that the work force (up to 40 men) employed on the
Queets BIA housing project has enhanced the financial picture of this
operation and with that strong core of buying power removed from the
area (the project is near completion) sales naturally would be lower.
This is a sizable group when the population of the town is considered:
138. It beomes doubly important when it is realized that merchandise
sales and gasoline sales accounted for $103,457 of the total annual
income of $113,487,48.
The motel income is a small part of the overall operation but has
considerable potential for increase more than the storm, which presently
brings in most of the income. In the summer tourist months and through
the fall hunting season, occupancy of the motel units available for
overnight guests is close to 100 percent, but for the rest of the year
occupancy of these units is low, though the units rented on a monthly
basis maintain a consistently high occupancy throughout the year. The
monthly rate is $82.50 and the Seasonal rate for the units available for
transients is $6.50 per night.
It is believed that one of the owners, Mr. Dovee, is rather anxious
to sell his interest in the property. However, the other owner, Mr.
Olmstead, while willing to sell at the quoted price, would be amenable
to buying out his partner if the property is not sold for $170,000. He
has said he would build new units, both for monthly rental and for
overnight occupancy. Mr. Devoe, who is in the real estate business and
has a few other similar investments, probably is not satisfied with the
return on the investment, percentagewise. When asked during a
conference on the project if the asking price were negotiable, it was he
who spoke up quickly and said no.
One problem for any new owners would be that of management and
maintenance, if both qualities were not to be found in one person.
Management is the most important single factor in a successful
operation. In a property as old as the one being considered,
maintenance comes a close second, and even enters into the realm of
management. It becomes a matter of judgment as to when maintenance
begins and how much should be expended on it.
A close scrutiny of the appraisal made by BIA Appraiser Walter F.
Stone, Jr., indicates he was sufficiently liberal in his evaluation of
the property when he appraised it earlier this year at $145,500. If the
problem now were whether or not to recommend purchase of the property
for $145,500 - it would be a much more difficult decision to make, but
in the considered opinion of this observer, a decision to recommend that
the property not be purchased for $170,000 is a rather easy one.
Even though there is an undeveloped potential in the field of tourism
in this area, I do not believe it is in the best interest of the
Quinault Tribe to buy this property at the quoted price.
Sincerely yours,
(Sgd.) George E. Schmidt Geo. E. Schmidt, Chief Branch of Industrial
Development
cc: Mr. John F. Gordon, Assistant Superintendent Western Washington
Agency Box 120 Hoquiam, Washington 98550
Mr. Reuben Fuhrer, Industrial Development Specialist - AIRMAIL
Portland Area Office 1425 NE Irving Street, Box 3785 Portland, Oregon
97208
BRANCH OF INDUSTRIAL DEVELOPMENT BUREAU OF INDIAN AFFAIRS WASHINGTON,
D. C. 20242
CROSS REFERENCE SHEET
Name or Subject: White Swan Plywood Co.
Cape Flattary Co.
Cline Development Co.
Quinault Tribe
See File for: Monthly Report 670300 Portland
EVERETT:
QUEETS MOTEL: Last month the Assistant Superintendent, Western
Washington Agency, requested assistance from the Branch of Industrial
Development to evaluate the value of the Queets Motel. The Quinault
Tribes had expressed interest in the purchase of this motel. Mr.
Prentiss Mooney, Branch of Industrial Development, Washington, D.C.
visited the Portland Area and after an examination of the record,
recommended against purchase of the Queets Motel by the Tribe.
UNITED STATES GOVERNMENT
Memorandum
DATE 670404
TO: FOR THE RECORD
FROM: Industrial Development Specialist
SUBJECT: Inspection trip to Quinault Reservation - 670319-670324
(and others)
I went to Portland, Oregon on 000319 and Reuben Fuhrer picked me up
at 5:45 a.m. 000320 for trip to Quinault Reservation and inspection of
property for sale at Queets, Washington, some 225 miles from Portland.
We arrived at Hoquiam, Washington, and met John Gordon, Assistant
Superintendent at the BIA Subagency. Mr. Gordon then accompanied us to
Queets where we looked over the property, consisting of an old hotel
made over into a store with a filling station, and motel units. We set
up a conference with the owners of the property, Messrs. Verle Olmsted
and Charles Devoe. During the conference Jim Jackson, Chairman of the
Quinault Tribal Council, came in but stayed only briefly. We went over
the entire financial statement of Clearwater Enterprises, corporate
owner of the property, with the two owners. We asked numerous questions
which were answered frankly, and to the best of our knowledge, honestly.
We were asked if it were possible to produce a recommendation on behalf
of the tribe by the end of the week of 000326, and I told them I would
send out my report by that time. It was agreed that I should send the
original directly to Mr. Gordon at Hoquiam, with a copy to the Portland
Area Office in the interest of saving time. At the end of a three-hour
conference, we made another property inspection, including the
powerhouse, across the highway from the store and motel, which houses
three generators, two of which are used to supply electric power, the
third as a standby. This power also is sold to four other customers in
the area of the store in Queets, including the BIA building there.
Following the inspection, Mr. Gordon returned to Hoquiam, and Mr.
Fuhrer and I visited the other motel and resort properties in the area
for comparative purposes. An outstanding one was the Kalalach Beach
Ocean Village, about five miles north of Queets, along the beach. We
stayed overnight at the Queets Motel.
The following day, 000321, Mr. Fuhrer and I made a final inspection
of the motel, store, workshop, storage area and rooms above the store.
We talked again at length with Mr. Olmsted, who with his wife lives on
the property in a large mobile home and manages the operation. He is a
former contractor and does the maintenance work for the operation. We
left for Hoquiam in mid-morning where we met again with Mr. Gordon,
reviewed our experiences on the inspection tours in Queets and discussed
the entire project. I expressed my view that the Quinault Tribe would
be ill advised to purchase the property and the others concurred in this
opinion. Mr. Fuhrer and I left for Portland after lunch.
On 000322, Mr. Fuhrer and I left Portland at 5:45 a.m. for Warm
Springs, arriving there about 10:00 a.m. We conferred with Vernon
Jackson, Executive Director of the Tribal Council, Kenneth Smith, member
of the Tribal Council, and Jack Hunt, Tribal Operations Officer. Later,
Messrs. Hunt, Fuhrer and I visited the housing developments at Warm
Springs, which are outstanding. We had lunch at Kahneeta Resort with
Vernon Jackson and Kenneth Smith. Afterward we had a conducted tour of
the entire property, following which Mr. Hunt showed us the area of the
proposed restaurant, golf course and airport landing strip. We left in
late afternoon for Madras where we stayed overnight.
Mr. Fuhrer and I left the next morning for Yakima Reservation,
arriving at Toppenish in mid-morning. We conferred with Superintendent
C. S. Spencer, Lawrence Davidoski, Reservation Program Officer, and Dan
Baris, Realty Officer. We inspected the housing development, the new
Holiday Garment Company building, which is nearly completed (plans are
to move in equipment 000407 and to start operations 000410). We drove
to Wapato and inspected the new White Swan Industries' furniture plant
in the industrial park, where intensive grading and landscaping is
underway in addition to the construction of the 200'x500' building.
Plans call for completion of this building by 000501. One problem area
is a waterline, contract for which has as yet not been let. We left for
Yakima in late afternoon.
On 000324 we drove from Yakima, Washington to the agency at
Toppenish. I talked with Dan Baris on the potential of sites for a
motel along the proposed interstate. There are to be three interchanges
on the interstate highway which purportedly will run through the
reservation, although a number of the tribal council members oppose the
idea. I told Mr. Baris of different types of motel operations such as
chain, franchise and partnership affiliation, and recommended that any
motel in which the tribe might be interested would have some kind of
national affiliation for referral business and promotion. When asked if
I would be available for on-site advice when and if the motel situation
came up, I replied that such a request should be made to the Chief,
Branch of Industrial Development, Washington, D. C. We left for
Portland from Toppenish at 10:00 a.m. where we met with Raymond Jackson,
who is one of the lifetime chiefs of the Confederated Tribes of Warm
Springs, and Grant Waheneka, member of the Tribal council. Left for
Kansas City at 2:00 p.m. During the five days in Washington and Oregon,
Fuhrer and I drove over 1,000 miles by car.
Prentiss Mooney Prentiss Mooney
Date 670404
NOTED:
G.E. Schmidt Chief, Branch of Industrial Development
HEL-009-1880-1885
HEL-009-1880-1885
BALDWIN, D M DOI BIA PAO INDUSTRIAL DVLP
670329
CORRESPONDENCE
MOONEY, P M INDUSTRIAL DVLP
UNITED STATES DEPARTMENT OF INTERIOR
Bureau of Affairs
Form 5-388
660200
REGULAR MAIL
INTER-OFFICE TRANSMITTAL
TO PT
Mr. John F. Gordon Assistant Superintendent Box 120 Hoquiam,
Washington 98550
AS REQUESTED
REMARKS
We are returning herewith "Appraisal Report - Clearwater Enterprises,
Inc.", per your request.
Prentiss Mooney Industrial Development Specialist
Attachment
cc: Surname - Chrony - PMooney:mwb 670329
FROM CO
NAME AND/OR SYMBOL
Prentiss Mooney Industrial Development Specialist
Date 670329
HEL-009-1886-1886
HEL-009-1886-1892
GORDON, J F W WASH AGENCY
670328
CORRESPONDENCE
SCHMIDT, G E BR OF INDUSTRIAL DVL
Industrial Development
SURNAME
670328
Mr. Dale M. Baldwin Area Director, Portland, Oregon 97208
Attention: Industrial Development
Dear Mr. Baldwin:
On 000320, Prentiss Mooney, Industrial Development Specialist of my
staff, upon request of the Portland Area Office made an inspection trip
to Queets, Washington. His objective was to evaluate the potential of
the Queets Motel and store on the Quinault Reservation/and determine if
the purchase of the property for the asking price of $170,000 was
advantageous to the Quinault Tribe. His report follows:
The financial statement of Clear Water Enterprises at Queets, for the
year ending 661231, showed an annual net income of $5,065.83 and a gross
income of $113,487.48. On the basis of the asking price of the Queets
Motel and store of $170,000, this amount of income is less than a three
percent return on the investment. Moreover, a return of this amount
would preclude spending more for wages and salaries then was spent last
year, when $2,200 plus was spent for wages and $6,350 for officers'
salaries.
It is apparent that to operate efficiently, it would require at least
two fulltime couples, and it is extremely doubtful if four people could
be hired for this amount, especially if there were as efficient as they
should be. It was reported that Mrs. Becker, owner of the Kalaloch
Beach Ocean Village, five miles north of Queete at Kalaloch, Washington,
offered to pay a maintenance man $650 a month and lodging, but could not
obtain one at that price.
The present management team of Mr. and Mrs. Verle Olmated is
experienced and puts in many hours daily in operating this property.
They live on the premises and are available on a 24-hour basis. It is
unlikely that a non-owner would be as attentive to the operation or be
as qualified in maintenance work as Mr. Olmated, a former contractor who
can handle most repair jobs.
It should be emphasised that future operators of this property will
need to know much of maintenance and repair, as its condition is rather
sad.
It was noticed that several chimneys were not adhering closely to the
buildings; roofs and sidings needed repair or replacement; and there
were a number of places where shortcuts had been taken in repairs,
indicating an overall upgrading is long overdue. The electrical wiring
setup is in what I would term an unsafe condition, including the wiring
in the powerhouse and on the generators. Oily waste and trash
contribute to the safety hazard.
This property dates from the early 1930's and looks it. While it is
true that a newer store probably would not sell much more merchandise, a
more modern motel would attract more guests.
Queets is in an area of heavy rainfall (the 660000 precipitation
total was 133 inches) and wooden structures always have a shorter life
in this kind of climate. It is logical to assume the 35-year-old
buildings comprising this property are in their declining years. An
astute owner would do well to consider one of two actions: Sell the
property soon or start a rebuilding program.
It is probable that the work force (up to 40 men) employed on the
Queets BIA housing project has enhanced the financial picture of this
operation and with that strong core of buying power removed from the
area (the project is near completion) sales naturally would be lower.
This is a sizable group when the population of the town is considered:
138. It becomes doubly important when it is realized that merchandise
sales and gasoline sales accounted for $103,457 of the total annual
income of $113,487.48.
The motel income is a small part of the overall operation but has
considerable potential for increase - more than the store, which
presently brings in most of the income. In the summer tourist months
and through the fall hunting season, occupany of the motel units
available for overnight guests is close to 100 percent, but for the rest
of the year occupancy of these units is low, though the units rented on
a monthly basis maintain a consistently high occupancy throughout the
year. The monthly rate is $82.50 and the seasonal rate for the units
available for transients is $6.50 per night.
It is believed that one of the owners, Mr. Davis, is rather anxious
to sell his interest in the property. However, the other owner, Mr.
Olmsted, while willing to sell at the quoted price, would be annable to
buying out his partner if the property is not sold for $170,000. He has
said he would build new units, both for monthly rental and for overnight
occupancy. Mr. Davis, who is in the real estate business and has a few
other similar investments, probably is not satisfied with the return on
the investment, percentagewise. When asked during a conference on the
project if the asking price were negotiable, it was he who spoke up
quickly and said no.
One problem for any new owners would be that of management and
assistance, if both qualities were not to be found in one person.
Management is the most important single factor in a successful
operation. In a property as old as the one being considered,
maintenance comes a close second, and even enters into the realm of
management. It becomes a matter of judgment as to when maintenance
begins and how much should be expended on it.
A close scrutiny of the appraisal made by BIA Appraiser Walter F.
Stone, Jr., indicates he was sufficiently liberal in his evaluation of
the property when he appraised it earlier this year at $145,500. If the
problem now were whether or not to recommend purchase of the property
for $145,500 it would be a much more difficult decision to make, but in
the considered opinion of this observer, a decision to recommend that
the property not be purchased for $170,000 is a rather easy one.
Even though there is an undeveloped potential in the field of tourism
in this area, I do not believe it is in the best interest of the
Quinault Tribe to buy this property at the quoted price.
Sincerely yours, (Sgd.) George E. Schmidt Geo. E. Schmidt, Chief
Branch of Industrial Development
cc: Mr. John F. Gordon, Assistant Superintendent Box 120 Hoquiam,
Washington 98550
Mr. Reuben Fuhrer, Industrial Development Specialist AIRMAIL Portland
Area Office 1425 NE Irving Street, Box 3785 Portland, Oregon 97208
Surname Mailroom Chrony PM
PMooney:mwb 670328
B I A Site Service
QUILEUTE AND QUINAULT RESERVATIONS WASHINGTON
Location
Both the Quileute and Quinault Reservations are located on the
Pacific Ocean, with the former about 30 miles north of the latter.
Quileute Reservation is in Clailam County, some 20 miles west of Forks,
Washington. Quinault Reservation is mostly in Grays Harbor County but
partly in Jefferson County, a triangular wedge of land between Quinault
and Queets Rivers, with the apex at Quinault Lake. Taholah (pop. 350)
and Queets Village (pop. 250) are the principal settlements on the
Quinault Reservation while La Push (pop. 250) is the small town on the
Quileute Reservation.
Distance from Forks, Washington
Miles Miles
Seattle, Washington 217 Newport, Oregon 327
Astoria, Oregon 183 Spokane, Washington 495
Portland, Oregon 285 Vancouver, B. C. 358
Description
The Quinault Reservation contains an area of some 138,000 acres of
which about 98 per cent is allotted land. About 100,000 acres is in
virgin timber, almost all Indian operated. The Quinault River crosses
the reservation from Quinault Lake in the northeast to the Pacific.
The Quileute Reservation, much smaller, contains only 594 acres, all
but 10 acres tribally owned. It is mostly rough, hilly timberland.
Climate
The Japanese Current and the Pacific westerly prevailing winds keep
winter temperatures moderate. The mild weather in winter has a pleasant
and cool counterpart in summer. Precipitation in winter months is above
average for the state.
Transportation Highway
A paved local highway connects the Quileute Reservation at La Push
with U.S. Highway 101, 13 miles away. U.S. Highway 101 follows the
Pacific Coast south from Hoh Indian Reservation to Queets, on the
Quinault Reservation, then southeastward along the northern border of
Quinault Reservation to Lake Quinault.
661100
Airlines
West Coast Airlines offers passenger service at both Port Angeles, 56
miles west of Forks, and at Hoquiam, about 40 miles from Taholah, on the
Quinault Reservation.
Railroads
The Northern Pacific Railroad serves Moclips, Washington, only about
two miles south of the Quinault Reservation, and runs south to Hoquiam.
Bus and Truck
Adequate bus and truck service is available at Forks on U.S. Highway
101, the principal highway along the northern coast area of the state.
Recreation and Attractions
Fishing, camping, swimming, beachcombing along the Pacific Ocean
beaches, and trout fishing on nearby rivers and streams are available
both in quantity and quality. The Indian village at Taholah attracts
many visitors as does the Taholah Days Indian Celebration on 000704.
The annual Lake Quinault Trout Derby is held in 000500 or 000600.
Facilities
Adequate facilities for food and overnight accommodations are
available at Hoquiam and nearby towns.
Health Facilities
Hospital care is available at community hospitals, mainly the 125 bed
St. Joseph Hospital and the 98 bed Grays Harbor Community Hospital, both
at Aberdeen. There also is a 20 bed hospital at Forks.
Population
There are 154 Quileute Indians on the Quileute Reservation and 574
Quinault Indians on the Quinault Reservation, with 20 others living in
adjacent areas.
661100
BRANCH OF INDUSTRIAL DEVELOPMENT
BUREAU OF INDIAN AFFAIRS
WASHINGTON, D. C. 20242
CROSS REFERENCE SHEET
Name or Subject:
Quinault Res.
Makah Res.
Nez Perce Timber Salvage Co.
Northwest Shake Distrubors
Hedlund LumberCo.
See File for: Portland Area Monthly report 660200
QUEETS VILLAGE REDEVELOPMENT, QUINAULT RESERVATION, WASHINGTON
An assignment concerned with plan of development of Queets Village,
Quinault Reservation, was given to the Industrial Development Branch to
participate in programming a social and economic uplift for the
community.
HEL-009-1887-1892
HEL-009-1886-1892
BALDWIN, D M DOI BIA PAO INDUSTRIAL DVLP
730328
CORRESPONDENCE
DELACRUZ, J B QUINAULT TRIBAL AFF
730404
QUINAULT TRIBAL AFFAIRS P.O. Box 1118
TAHOLAH, WASHINGTON 98587 Phone 276-4425
730328
Mr. William Miller U.S. Department of the Interior Bureau of Indian
Affairs Division of Industrial and Tourism Development Washington, D.C.
20506
Dear Mr. Miller:
We were especially pleased to have you at the Quinault banquet held
in the Lawyers' Club on 730305, because your agency has spearheaded the
economic development financing that has created one of the finest
Economic Development projects in the country.
We, again, thank you for your assistance.
Sincerely yours,
Joseph B. DeLaCruz Joseph B. DeLaCruz Quinault Tribal Chairman
Excerpt from GUIDE TO INDIAN RESERVATION AREAS (map) prepared by
Branch of Industrial Development; 610000 (000600)
(SEE: 12595-1960-(905)-Tourist & Recreational Activity; Central
Office)
QUINAULT RESERVATION
Taholah, Wash; 145,258 acres; 520 largely Quinault Indians
On Pacific Ocean (Grays Harbor County), 40 ml N of Hoquiam. Scenic
views of Olympic Mountain to E, and ocean shoreline to W. Timbering,
fishing, tourism major activities.
Attractions and Activities: Indian village at Taholah; annual Lake
Quinault Trout Derby (000500 or 000600); "Taholah Days" Indian
celebration (000704), at Taholah.
Recreation: Water sports; camping, hiking, horseback riding.
Potential: Development of resorts, lumber industry.
WASHINGTON
QUINAULT RESERVATION Taholah, Washington Established 1855
(Approx. 190,000 acres; Est. pop. 1,800; largely Quinault Indians,
plus other tribes, such as Chinook, Chelalis, and Quileute)
Located on Pacific Ocean, 40 miles north of Hoquiam, Washington.
Contains large stands of beautiful Pacific Coast rain forests. Offers
unsurpassed views of Olympic Mountains to the east, and Pacific Ocean
shoreline to the west.
Accessibility:
State Highway 9-C from Hoquiam, Washington.
Special Attractions and Activities:
Indian Village at Taholah, at mouth of Quinault River. Here Indians
fish with set nets for salmon.
Lake Quinault Trout Derby, held annually late 000500 or 000600 (set
by Tahoplah Canoe Club each year). Features Indian cedar caoni race
from mouth of Quinault River to Lake Quinault, distance of 32 miles;
also trout derby, Indian contests, and salmon bake. (Camping and pacnic
facilities available).
"Taholah Days", 2-day Indian celebration over 000704. Features
parade, salmon bake, tribal dances, water sports, other Indian games.
Recreation:
All water sports (swimming, boating, water skiing, etc.).
Camping, hiking, horseback riding.
Fishing, both salt and fresh water (State and tribal license required
for fresh water fishing. Available locally).
Development Possibilities:
Excellent resort development potential; also lumber industry
potential.
HEL-009-1893-1896
HEL-009-1893-1896
MILLER, W US DOI BIA
730416
CORRESPONDENCE
MILLER, W P INDUSTRIAL DVLP
Div. of Industrial and Tourism Development
730416
Mr. Joe DeLaCruz Quinault Tribal Chairman Quinault Tribal Affairs
P.O. Box 1118 Taholah, Washington 98587
Dear Mr. DeLaCruz:
Thank you for your letter of 730409, extending an invitation to me to
attend a meeting on 730426 for the purpose of discussing the development
of forest products industries on the Quinault Reservation.
I accept your invitation and look forward to meeting with you and
other tribal members. I expect to leave from here on the evening of
000425 and would appreciate your reserving a single room for me at the
Ocean Crest Resort for the nights of 000425 and 000426.
Sincerely yours,
William P. Miller William P. Miller Acting Chief, Div. of Industrial
and Tourism Development
Surname/chrony/mailroom (2) WPMiller:ak:730416
HEL-009-1897-1898
HEL-009-1897-1898
DELACRUZ J QUINAULT TRIBAL AFF
700626
CORRESPONDENCE
LEKANOF, F DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Records Management Section. re N.P. trail timber)
SCIENTIFIC THINNING-A hatchet, a hardhat and a spray bottle of
chemicals are the only equipment needed by Foreman Leah Parker and her
all woman tree thinning crew.
GETTING THE JOB DONE - Leah Parker, Doris Rode, Maxine ideas and
Linda Trettevick comb a surveyed area, thinning out the marked trees.
The men's crew works from the opposite end of the area, with the two
crews meeting in the middle.
Port Angeles (Washington) Evening News 701015.
(ILLEGIBLE LINE)
IN REPLY REFER TO:
Real Prop. MGMT. Administration
700626
Memorandum
To: Associate Solicitor, Indian Affairs
From: Commissioner of Indian Affaris
Subject: Implementation of Special Task Force Report for Negotiated
Sales of Allotted Lands at Less than the Appraised Value
The Special Task Force appointed to study the Quinault Reservation
land and timber sales reported several recommendations directed toward
retention of the present trust land base in Indian ownership. On
681002, the report was approved with instructions to implement the
recommendations.
They have recommended that negotiated land sales of allotted trust
lands to individual Indians or the Quinault Tribe should be authorized
at less than the appraised value. Irrespective of the various pro and
con comments in the report, we are requesting your opinion as to whether
such action would be contrary to the trust responsibility of the
Secretary in behalf of the allotted landowners, and whether the
individual owners' property rights are being subordinated.
Our file and a draft of the implementing delegation of authority are
enclosed. Please return them following your review and preparation of
your opinion.
(Sgd). Flore Lekanof
Acting Associate Commissioner
Enclosures
cc: BIA Surname 310 350 Mailroom Chrony 350/DEMaynard/ec 700618
(T-3C, Ref 6)
HEL-009-1899-1901
HEL-009-1899-1901
ASSC SOLICITOR DOI BIA
700504
CORRESPONDENCE
EDWARDS, N DOI BIA
UNITED STATES DEPARTMENT OF INTERIOR OFFICE OF THE ASSISTANT
SECRETARY WASHINGTON
700504
NOTE to Duard Barnes:
Per our phone conversation, would you please prepare, as promptly as
possible, the response to this letter and resolution.
I want very much to have it in the hands of the tribe before the
hearings I have scheduled there for 000514.
Newt Edwards
Attachment
cc: Commissioner Bruce w/c attachment
HEL-009-1902-1902
HEL-009-1902-1905
BARNES, D
700428
CORRESPONDENCE
CHAIRMAN QUINAULT TRIBAL AFF
QUINAULT TRIBAL AFFAIRS Quinault Indian Reservation TAHOLAH,
WASHINGTON 98587
OFFICERS:
JAMES JACKSON Chairman
RALPH CAPOEMAN Vice-Chairman
MARION HOLLOWAY Secretary-Treasurer
JOSEPH DELACRUZ Business Manager
COUNCILMEN:
JOHN SHAL
DAVE PURDY
CLARENCE POPE
JESSIE CURLEY
ELIZABETH COLE
INTERIOR DEPT.
PHONE 276-5736
700504
700428
ASSISTANT SECRETARY P.L.M.
The Honorable Harrison Loesch Assistant Secretary of the Interior
Department of the Interior Washington, D. C. 20240
Dear Assistant Secretary Loesch:
Enclosed you will find Resolution #70-12 on which the Allottee's
Committee and the Quinault Business Committee feels immediate action
should be taken by your Bureau Staff.
It is felt that timber prices on the Quinault Reservation are being
paid at considerably lower rates than those prices paid off the
reservation. The Quinault Tribe and our Quinault Indian Loggers are
paying twice the amount for stumpage now being paid by Aloha and
Rayonier, therefore we are requesting this action.
We expect formal action on this request by 700515, or further action
will be taken by the Quinault Business Committee. Previous approval at
the Quinault General Council meeting of 700328 gives the official
governing body, the Quinault Tribal Business Committee, the authority to
shut down logging operations because of insufficient action by the
Bureau of Indian Affairs and the Courts.
We shall be awaiting your reply.
Sincerely yours,
James Jackson Chairman, Quinault Tribe
cc: Asst. Supt. S. Lozar Supt. George Felshaw Wilkinson, Cragun &
Barker Julia B. Hansen Area Director, PAO
RESOLUTION NO. 70-12 of the QUINAULT INDIAN TRIBE
WHEREAS, the Aloha Lumber Corporation has been logging timber on the
Taholah Logging Unit within the Quinault Reservation under Contract
1-101-Ind-1766 (Taholah Contract) entered into on 500426. by the Bureau
of Indian Affairs for and on behalf of the Indian timber owners; and
WHEREAS, in 570000 the Subcommittee on Indian Affairs of the Senate
Committee on Interior and Insular Affairs concluded that the Bureau of
Indian Affairs in its "appraisals and reappraisals" under the Taholah
Contract" +++ has undervalued the Indian timber", Senate Report No. 971,
85th Congress, last Session (570000); and the Subcommittee went on to
colclude that "+++ the true market value of the timber being cut is far
in excess of the price being charged" (Senate Report, page 45); and
WHEREAS, the situation has been somewhat ameliorated in recent years
by the establishment of new and higher stumpage rates to be paid to the
Indian timber owners under the Taholah Contract; and
WHEREAS, on 651229, the Commissioner of Indian Affairs established
certain new and higher stumpage rates in the Taholah Unit; and
WHEREAS, on 670310, this decision was affirmed by the Secretary of
the Interior; and
WHEREAS, on 651229 the Commissioner of Indian Affairs established
certain new and higher stumpage rates in the Taholah Unit; and that
effective 660101, the stumpage rates were paid into a Special Deposit
Account hold by the Bureau of Indian Affairs; and
WHEREAS, it is believed that the Bureau of Indian Affairs has no
authority to hold these monies in escrow while this dispute continues to
be indefinitely delayed through the actions of the Aloha Lumber
Corporation and, as of 690701, on the Crane Creek Logging Unit by ITT
Rayonier, Inc.
NOW, THEREFORE, BE IT RESOLVED, that the Quinault Tribe and the
allottees of the Quinault Reservation urgently request the Secretary of
the Interior to release all monies retained in a Special Deposit Account
the difference in value represented by the stumpage prices which were
made effect immediately prior to 690701 and those which were made
effective on that date on the Crane Creek Logging Unit, and those monies
retained in a Special Deposit Account the difference in value
represented by the stumpage prices which were in effect immediately
prior to 660101, together with all interest earned thereon or
attributable thereto, and those which were made effective on that date
"In the Matter of the Appeal of Aloha Lumber Corporation, Contract
1-101-Ind-1766" which in effect denied the allottees disbursement of
funds paid into a Special Deposit Account.
BE IT FURTHER RESOLVED, that the Quinault Tribe and the allottees of
the Quinault Reservation urgently request the Secretary of the Interior
to suspend logging operations of the Aloha Lumber Corporation on the
Taholah Unit, and to suspend logging operations of the ITT Rayonier,
Inc. on the Crane Creek Unit until Aloha and Rayonier's case against the
Secretary of the Interior is finally determined.
CERTIFICATION
The above resolution was approved at a meeting of the Quinault Tribal
Council Business Committee at a meeting held at Taholah, Washington, on
700427, at which time a quorum was present, by a vote of 5 for and 0
against.
Guy R. McMerils Chairman, Quinault Tribal Council
Elizabeth J. Cole
Marian L. Halloway Secretary, Quinault Tribal Council
John R Shale
Bewssie Charley Sr.
Francis O Rowlander
Business Committee members of the Quinault Reservation, State of
Washington
HEL-009-1903-1905
HEL-009-1902-1905
LOESCH, H DOI BIA
700422
CORRESPONDENCE
FELSHAW, G M BIA W WASH AGENCY
RECEIVED
700424
IN REPLY TO:
Forestry 339.5 Quinault Tribal
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
700422
AIR MAIL
Memorandum
To: Commissioner of Indian Affairs
Attention: Forestry
From: Superintendent, Western Washington Agency
Subject: Quinault Tribal Income and Fees Collected - Timber Sales
Please refer to our letter of 700416, regarding volume and value of
timber removed and fees collected, Quinault Tribal timber removed under
terms of various contracts on the Quinault Reservation. The attached
figures include the Point Grenville, Cook Creek and Moclips Sale Units.
We have deleted the unnumbered contract to West Coast which was a
duplication of Contract No. 46.
ILLEGIBLE Superintendent
Enclosure
Quinault Tribal Timber Sales - Tribal Income -+ Fees. c4-19 21
through 690000
Table not keyed, see original
HEL-009-1906-1909
HEL-009-1906-1909
COMM OF INDIAN AFF DOI BIA BR OF FORESTRY
700416
CORRESPONDENCE
BENEDETTO, J B BIA W WASH AGENCY
IN REPLY REFER TO:
Forestry 339.5 Quinault Tribal
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
700416
AIR MAIL
Memorandum
To: Commissioner of Indian Affairs
Attention: Forestry
From: Superintendent, Western Washington Agency
Subject: Quinault Tribal Income and Fees Collected - Timber Sales
Attached is a record of volume and value of timber removed and fees
collected, Quinault Tribal timber removed under the terms of various
contracts on the Quinault Indian Reservation. Not included are figures
for the Cook Creek and Moclips Units; we must request these files from
the archives. You should receive these figures within a day or two.
ILLEGIBEL Superintendent Acting
Enclosure
Table not keyed, see original
SUPPLEMENTAL FOREST OFFICER'S REPORT EMERSON LOGGING UNIT
QUINAULT RESERVATION
No. Page
Appraisal Summary 1
1. Introduction 2
2. Log Values 3
3. Logging Costs 4-5-6
4. Determination of Stumpage Values 7
5. Recommended Stumpage Values 7
6. Total Value of Forest Products 7
7. Recommendations 8
APPRAISAL SUMMARY
Emerson Logging Unit, Quinault Reservation
Table not keyed, see original
SUPPLIMENTAL FOREST OFFICER'S REPORT #3 EMERSON LOGGING UNIT TOWNSHIP
24 North, Range 13 West QUINAULT RESERVATION, WASHINGTON
Introduction:
This sale was first advertised on 660712, again on 670627, and again
on 680709. An attempt was made to negotiate this sale during the fall
of 680000. All bids were rejected, and we were directed to readvertise
the sale. The unit is reappraised using 3rd quarter 690000 log prices
for the Grays-Willapa Harbors District, as quoted by Industrial Forestry
Association.
LOG VALUES
Table not keyed, see original
Log Prices from 3rd Qtr. 690000, Industrial Forestry Association
Prices weighted averages.
LOGGING COSTS
Emerson LOGGING UNIT Quinault RESERVATION
1. LOGGING 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
Table not keyed see original
Notes:
Felling, Bucking & Yarding costs were increased fifteen percent to
offset the low volume per acre and brushy nature of the stand.
12. TRANSPORTATION (continued)
.03 Average Load @.07/log:
Table not keyed see original
#Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of Washington State Formula
(Ref: R6-TM-179).
Notes:
Sorting costs are these compiled by Don Dirr, PAO Valuation Data
Analyst.
Stumpage Appraisal:
Western hemlock & other species:
Western hemlock & other species:
$109.02/1.10 - $40.97 $58.14/MBM
Sitka spruce:
$141.80/1.12 - $40.69 $85.92/MBM
An allowance of ten (10) and twelve (12) percent has been considered
instead of the normal eight (8) and ten (10) percent to allow an
operator a margin for reasonable profit. It is felt that the quality of
the stand of timber is such that it will not produce export type logs as
is normally expected. Other factors pertaining to market conditions,
type of timber and demand have been taken into consideration in arriving
at the margin for profit and risk.
Recommended Stumpage: (rounded to nearest five cents)
Western hemlock & other species $58.15/MBM
Sitka spruce $85.90/MBM
Total Value of Forest Products:
Table not keyed, see original
Recommendations:
It is recommended that this timber be advertised for fifteen (15)
days by circular letters and advertisement in the Daily World. Any
prospective buyer has looked it over and nothing would be gained by a
longer advertising period. It is also recommended that this sale be by
sealed bid, at not less than the appraised rates.
Date: 691231
(Sgd) John W. Palmer John W. Palmer Forester
Date: 700105
CONCUR: Sgd. Wilbur H. Carey Acting Forest Manager
Date: 780106
APPROVED: Sgd. George M. Felshaw Superintendent
Checked By Date
Checked By Date
SUPPLEMENTAL FOREST OFFICER'S REPORT #2 EMERSON LOGGING UNIT TOWNSHIP
24 NORTH, RANGE 13 WEST QUINAULT RESERVATION
A. Introduction:
This supplement is to update the original and first supplement of
appraisal of stumpage values. This sale was first advertised on 660712,
and later on 670627. No bids were received at either time. This
appraisal has incorporated log sorting costs and log prices for 1st
quarter 680000 for all sales as quoted by the Industrial Forestry
Association for the Grays-Willaps Harbors District.
APPRAISAL SUMMARY Emerson LOGGING UNIT, Quinault RESERVATION
Table not keyed see original
LOG VALUES
Table not keyed see original
Log Prices from 1st Qtr. 680000, IFA Willapa-Gray Harbors District.
LOGGING COST Emerson LOGGINT 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. INFORMATION
Table not keyed see original
Notes:
1. Direct logging and overhead costs are those experienced by
logging companies operating on the Olympic Peninsula. Falling, bucking
and yarding costs have been increased 15% due to the low folume per acre
and brusky nature of the stand. (copies in Hoquiam and Area Office) 2.
Truck hauling rates computed according to Washington Utilities and
Transportation Commission Tarriff 4-A, effective 671107.
II. TRANSPORTATION (continued)
Table not keyed see original
Factor used to adjust truck hauling costs from gross to net scale
when computing hauling costs on the basis of Washington State Formula
(Ref. R6-TM-179) Notes:
Sorting costs are those used in Crane Creek and Taholah Unit 670000
Stumpage Revaluation.
Determination of Stumpage Values:
Stumpage values were determined by use of the following formula:
S = V/1.op - C
1. Western hemlock & other species: $74.45/1.10 - $37.24 $30.44/M
2. Sitka spruce: $94.03/1.12 - $36.99 $46.97/M
An allowance of ten (10) and twelve (12) percent has been considered
in this instance instead of the normal eight (8) and ten (10) percent to
allow an operator a margin for reasonable profit. It is felt that the
quality of the stand of timber is such that it will not produce export
type of logs as is normally expected. Other factors pertaining to
market conditions, type of timber and demand have been taken into
consideration in arriving at the margin for profit and risk.
Recommended Stumpage Values: (rounded to nearest five cents)
1. Western hemlock and other species $30.45/M
2. Sitka spruce $46.95/M
Total Value of Forest Products:
Western hemlock & other species : 902 MBM 30.45/MBM = $27.465.90
Sitka spruce : 326 MBM @$46.95/MBM = $15,305.70 Total 1,228 MBM
$42,771.60
(Sgd) John W. Palmer Date: 680606 John W. Palmer, Forester
Date: 681006
CONCUR: Sgd. Don W. Clark Don W. Clark, Forest Manager
Date
APPROVED: (Sgd) John B. Benedetto Acting Superintendent
EXHIBIT A
COMPARABLE SALES
Table not keyed see original
These comparable sales were made during the first quarter of 680000
by the Washington State Department of Natural Resources on the Forks
District. There were other species in the sale other than the ones
indicated. In addition to the sales shown, in most of the sales made by
this district, the bid price for hemlock was well over the appraisal
conversion return. For the most part, where the species volume was less
than 100 MBM, the appraised value was the bid value. Sales Nos. 31561
and 32455 for spruce are examples of this. In these sales, other
species were bid on.
With the export restrictions placed on timber from Federal lands, it
is felt that the purchase of timber from other lands will be more
desirable to the export firms. This trend is indicated by State sales
in Western Washington made before the restrictions were made on Federal
timber. The total volume of these sales ranged from 11,640 MBM. Size
of sale made no difference in the demand except as stated before. Where
there was no competition, bid rate as a percent of conversion return is
comparable with the same percentage for the subject sale.
SUPPLEMENTAL FOREST OFFICER'S REPORT EMERSON LOGGING UNIT TOWNSHIP 24
NORTH, RANGE 13 WEST QUINAULT RESERVATION
A. Introduction:
This supplement is to update the original appraisal of stumpage
values on the basis of the most recent logging cost information obtained
in 000600 and 000700 of 660000, reflecting 650000 operational
experiences of independent "gyppo" logging companies operating on and
off the Quinault Reservation, on the Olympic Peninsula (copies at
Hoquiam Office), on the basis of Industrial Forestry Association
reportings of log grade values for the first quarter of 670000,
Grays-Willapa Harbors District, and on the basis of changes in log grade
percents derived by re-examination of the stand.
Checked By M. McGill Date 670516
Checked By (illegible) Date 670517
APPRAISAL SUMMARY
Emerson LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
LOG VALUES
Table not keyed, see original
#Log Prices from Industrial Forestry Association reportings for first
quarter 670000, Grays-Willapa Harbors District, weighted for all sales.
LOGGING COSTS
Emerson 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 Contractural Costs
Table not keyed, see original
11. TRANSPORTATION
.1 Truck haul 64 miles to Port of Frays Harbor
Table not keyed, see original
Notes:
1. Direct logging and overhed costs are those experienced by logging
companies operating on the Olympic Peninsula. Falling, bucking and
yarding costs have been increased 15% due to the low volume per acre and
brushy nature of stand. (Copies in Hoquiam and Area Offices.)
2. Truck hauling rates computed according to Washington Utilities
adn Transportation Commission, Tariff 4-A, effetive 650322.
11. TRANSPORTATION (continued)
.06 Average load @ (65/log:
Table not keyed, see original
#Factor used to adjust truck hauling costs from growth to net scale
when computing hauling costs on the basis of the Washington State
Formula (Ref 25-TM-179)
Notes:
Determination of Stumpage Values:
Stumpage values were determined by use of the following formula:
S = V/1.op - C
Recommended Stumpage Values (rounded to nearest five cents):
Table not keyed, see original
Total Value of Forest Products:
Table not keyed, see original
Date 670502
(Sgd) John W. Palmer John W. Palmer Forester
Date: 670502
CONCUR:
Sgd. Don W. Clark Don W. Clark Forest Manager
Date: 670508
APPROVED:
(Sgd.) George M. Felshaw Superintendent
ILLEGIBLE
Emerson LOGGING UNIT OR TIMBER SALE
Quinault RESERVATION
Table not keyed, see original
1. CLEARING & GRUBBING COSTS
A. CLEARING:
B. GRUBBING
2. SECONDARY:
3. SPUR:
II. EXCAVATION & GRADING, BLASTING & DRIFTING COSTS:
A. Illegible
1. MAINLINE:
2. SECONDARY:
3. SPUR:
3. ROCK:
1. MAINLINE:
2. SECONDARY
3. SPUR: 1 Illegible day cu. yds. x $160.2/ per day $160.00
Notes: #Yardage Tables using known slope Washington State Dept. of
Natural Resources Yardage Tables.
III. SURFACING COSTS:
A. PITRIN GRAVEL BASE: 20 in. depth
1. MAINLINE:
2. SECONDARY:
3. SPUR: 8 stations 10 ft. width 100 yds./sta. 8 sta. = 800 yds. +
20% for turnouts, etc. 960 yds. @ $0.65 3/
SUB-TOTAL $624.00
B. CRUSHED ROCK (in place) including crushing:
2. SECONDARY:
3. SPUR:
NOTES: Average haul miles.
IV. FALLING, BUCKING, DECKING AND OVERHEAD COSTS:
A. FALLING & BUCKING: Per MBM $4.92 = 100% $4.92
B. DECKING (YARDING & LOADING): $11.04 x 75% $8.28
C. OVERHEAD: (Burden) $2.96 x 80% $2.37
TOTAL = $15.57
TOTAL COST ALLOWANCE:
x .96 Ac's. x 19,556 bd. ft./acre = 18,774 B.M. 18,774 B.M. x 15.37
$292.31
V. DRAINAGE COSTS:
A. CULVERTS:
Table not keyed see original
B. BRIDGES:
NOTES:
Table not keyed see original
FOREST OFFICER'S REPORT EMERSON LOGGING UNIT TOWNSHIP 24 NORTH, RANGE
13 WEST QUINAULT RESERVATION
A. Introduction:
The owners of the following described property have requested that
the timber on this property be sold to the highest bidder. This
allotment is located on the Quinault Reservation, and described as
follows:
Lot 10 and SW1/4SE1/4 Section 35, Township 24 North, Range 13 West,
Willemette Meridan, Washington
This allotment contains approximately 75 acres, of which about 63
acres contain merchantable timber.
B. Description of Area:
This unit is located approximately 64 miles north of Hoquiam, and
about half a mile south of the Village of Queets. Highway 101 bisects
the area providing easy access to markets throughout the Olympic
Peninsula. This area lies on the flat top of a ridge separating the
Queets River and the Pacific Ocean. There is a gradual slope to the
north to the end of the ridge. The soil is a gravelly clay, providing
good drainage for the most part. The area adjacent to the south has
been logged for the past three to five years. As a result, the area has
been subjected to strong storm winds off the ocean. This has resulted
in some blowdown along the south edge of the allotment.
The timber on the sale area is mature and over-mature western hemlock
and Sitka approve. The stand is more open than usual; consequently,
there is dense undergrowth and the quality is lower than what is found
in average reservation stands. The volume of timber on the area
consists of 73 percent western hemlock and 27 percent Sitka spruce.
C. Current Market Conditions:
The current log market on Grays Harbor has held steady for the past
six months. Log prices for all species are similar to those paid a year
ago. There has been a slight increase in the higher grades and a slight
decrease in some of the lower grades. The No. 3 grade in all species
has declined in price and is still difficult to dispose of locally. The
export market continues to remain steady and prices for exportable logs
are good. Some of the better No. 3 grade logs are sold for export. The
demand for pulpwood fluctuates with the mill's supply on hand, and the
volume produced from their own operations. The outlook for the future
is for the markets to remain firm, with no great change.
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 made 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, with oral auction to follow.
E. Method of Cruise:
A 30 percent cruise, using 1/5 acre rectangular plots, was made by
forestry personnel. All trees 12 inches D.B.H. and larger, with a top
diameter of eight (8) inches or to an estimated merchantable height,
were tallied that contained at least one 32-foot log.
Estimated Log Volumes and Grades
Table not keyed see original
F. Stumpage Appraisal:
This appraisal is based on log prices reported for the 1st Quarter
660000, for the Grays-Willapa Harbors District, Industrial Forestry
Association, for water, export and inland sales.
APPRAISAL SUMMARY
Emerson LOGGING UNIT
Quinault RESERVATION
Table not keyed, see original
PREPARED BY John W. Palmer, Forester
Summary checked 660516
By Kay Filyaw, Clerk (Steno.)
LOG VALUES
Table not keyed see original
Log Prices from 1st Qtr. 660000, IFA Grays-Willapa Harbors District
average log prices for water export and inland sales.
LOGGING COSTS
Emerson LOGGING UNIT
Quinault RESERVATION
Table not keyed, see original
Notes:
1. Falling & bucking costs were increased 15 percent over average
costs due to the low volume per acre and brushy nature of the stand.
Average costs were obtained from seven operators in Grays Harbor County
(copies in Hoquiam and Area Offices).
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission, Tariff 4-A effective 650322.
LOGGING COSTS
Emerson LOGGING UNIT
Quinault RESERVATION
Table not keyed see original
NOTES:
1. Falling & Bucking costs were increased 15 percent over average
costs due to the low volume per acre and brushy nature of the stand.
Average costs were obtained from seven operators in Grays Harbor County
(copies in Hoquiam and Area Offices.)
2. Truck hauling rates computed according to Washington Utilities
and Transportation Commission, Tariff 4-A, effective 650322
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. Value of Forest Products:
1. Western hemlock & other species 902 MBM @$15.95/MBM = $14,386.90
2. Sitka spruce 326 MBM @$45.10/MBM = $14,702.60 Total 1,228 MBM
$29,089.50
Date: 660516
(Sgd) John W. Palmer Forester
Date: 660517
CONCUR: Sgd. Don W. Clark Forest Manager
Date: 660518
APPROVED: (Sgd.) George M. Felshaw Superintendent
Checked By (ILLEGIBLE) Date 660520
Exhibit A
ANALYSIS OF INDEX SALES
Table not keyed, see original
ROAD DEVELOPMENT COST ESTIMATES
Robert Emerson LOGGING UNIT OR TIMBER SALE
Quinault RESERVATION
SUMMARY
Table not keyed, see original
I. CLEARING & GRUBBING COSTS:
Table not keyed see original
#BLM Logging Cost Manual, Schedule 14.
1/ Includes additional acres for turn-outs, etc.
2/ U.S.F.S., Quinault District and local logging operators
experience.
II. EXCAVATION & GRADING, BLASTING & DRIFTING COSTS:
Table not keyed, see original
Notes: #Yardage Tables using known slopes Washington State Dept. of
Natural Resources Yardage Tables.
1/ One "cat" day (D-8) @$160./day
III. SURFACING COSTS:
Table not keyed, see original
NOTES: Average haul .1 miles.
1/ See next page.
IV. FALLING, BUCKING, DECKING AND OVERHEAD COSTS:
Table not keyed, see original
NOTES:
1/ .15[/cu.yd. for stripping pit .40[/cu.yd. for digging, leading,
spreading and shaping .10[/cy.yd. for haul .65[/cu.yd. Total
V. DRAINAGE COSTS:
A. CULVERTS:
1/ 12" x 40' @$2.57/ft. installed $102.80
B. BRIDGES:
NOTES:
1/ BLM Logging Cost Manual, Schedule 14, Table 13 (9331.23F)
RESERVATION Quinault LOGGING UNIT Queets
PROPERTY OF/OR BLOCK NO. Robert Emerson Q 100
Lot 10 & SW/4 SE/4
SECTION 35 TOWNSHIP 24 RANGE 13
Map not keyed, see original
QUEETS UNIT
QUINAULT INDIAN RESERVATION WASHINGTON
560000
Map not keyed, see original
ORAL AUCTION SALE OF TIMBER EMERSON LOGGING UNIT QUINAULT INDIAN
RESERVATION SEALED BIDS, in duplicate, on forms provided therefor,
marked outside, "Bid, Emerson Logging Unit", addressed to the
Superintendent, Western Washington Sub Agenncy, Hoquiam, Washington,
will be received until 1:30 p.m., Pacific Daylight 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 Daylight
Time, for the purchase of timber on a tract within the Quinault Indian
Reservation designated as the Emerson 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 mor
specifically described as Lot 10 and SW1/4SE1/4 Section 35, Township 24
North, Range 13 West, Willamette Meridian, Washington, containing 75
acres. This unit contains an estimated stand to be cut of 902,000 board
feet of western hemlock and other species, and 326,000 board feet of
Sitka spruce, which estimates are not guranteed. Each bidder must state
the price per thousand feet, B.M., Beribner Decimal C Log Scale, that
will be paid for the timber cut, and no bid will be considered for less
than 18.25 per M feet, B.M., for western hemlock and other species; and
X 38.05 per M feet, B.M., for Sitka spruce. 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 670630, 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. Bureau of Indian Affairs
bid forms for use in submitting scaled 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, Federal Building, 3006 Colby Avenue, Everett, Washington
98201, or his representative at Room 206, Federal 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, 660000, et Portland, Oregon. Area Director.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Allotment
Contract No. 14-20-0510
TIMBER CONTRACT FOR THE SALE OF ESTIMATED VOLUMES
Emerson 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 Robert Emerson, Quinault No. 100 hereinafter called the Seller,
as represented by the Superintendent of the Western Washington Indian
Agency and of, 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 of 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 670630.
6. Unit Description. This unit is located in Lot 10 and SW 1/4 SE
1/4 Section 35, Township 24 North, Range 13 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 of 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 $
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. 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 from the unit 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 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 a
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.
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 Log Scaling and
Grading Bureau shall be in accordance with the Scaling Agreement between
the Bureau of Indian Affairs and the 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 Log Scaling and Grading Bureau and shall pay for stumpage cut on the
Logging Unit, 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 authority 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-
(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 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- Portland Area -
Western Washington
(b) Addition Timber.
None
15. Slash and Snag Disposal.
Slash. Section 9(a) and 9(b) of the Standard Provisions shall not
apply.
Snags. 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.
CORRECTION
The preceding document(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
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 employes 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 feled 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 19
PURCHASER
Witnesses:
Name of corporation, partnership or individual
By
By
SELLER
Allottee or his legal representative
Superintendent
Signed for the pursuant to Resolution No. passed by its tribal
governing body in a meeting held at on 19
Name Name
Title Title
APPROVING OFFICER
Approved: 19
Name
Title Area Director
If Purchaser is a corporation, the following certificate must be
executed:
I, certify that I am the Secretary of the corporation named as the
Purchaser herein; that who signed this contract was then of said
corporation that said contract was duly signed for and in behalf of said
corporation by authority of its governing body, and is within the scope
of its corporate powers.
CORPORATE SEAL
(Signature)
HEL-009-1910-1977
HEL-009-1910-1977
COMM OF INDIAN AFF DOI BIA BR OF FORESTRY
700409
CORRESPONDENCE
CARNEY, S DOI BIA
Forestry BCCO 5581
780409
Honorable Julia Butler Hansen House of Representatives Washington,
D.C. 20515
Dear Mrs. Hansen:
Your 000324 letter requested comments on an enclosed letter from Mr.
Fred Tidwell dated 000319.
It is our understanding that a percentage of the revenue from the
sale of timber from national forests is returned to the county in which
the forest is located. The Bureau of Land Management also returns to
the counties a percentage of the revenue derived from the sale of land
and resources. We are not familiar with the distribution procedures
used by the states nor the uses to which the funds are allocated.
As you know, Indian lands for most practical purposes are recognized
as being in private ownership. The revenue from the sale of forest
products is credited to the respective tribe or individual Indian, with
the exception of a small (10 percent or less) charge for administrative
services. This procedure is established by law.
Thank you for providing us with the opportunity to comment on Mr.
Tidwell's letter.
Sincerely yours,
SIDNEY CARNEY Acting Associate Commissioner
Enclosure
cc: CL BCCO 300 Surname Forestry File 1482-67 Carony Mailroom Holdup
RKEly/bjr 700401
HEL-009-1978-1978
HEL-009-1978-1980
HANSEN, J B HOUSE OF REP
700324
CORRESPONDENCE
HANSEN, J B HOUSE OF REP
JULIA BUTLER HANSEN 30 District, Washington
COMMITTEE ON APPOPRIATIONS
SUBCOMMITTEES: CHAIRMAN-INTERIOR AND RELATED AGENCIES
FOREIGN OPERATIONS
CONGRESS OF THE UNITED STATES House of Representatives Washington,
D.C. 20515
700324
Mr. L. R. Bruce Commissioner Bureau of Indian Affairs Interior
Building Washington, D. C. 20240
Dear Mr. Bruce:
Would you please comment on Mr. Boyd's question as presented in the
enclosed letter from Mr. Tidwell.
Yours most sincerely,
Julia Hansen Julia Butler Hansen, M.C.
JBH/Jss
Enclosure
HEL-009-1979-1979
HEL-009-1978-1980
BRUCE, L R DOI BIA
700319
CORRESPONDENCE
TIDWELL, F THORSTON COUNTY CT
INTERMEDIATE SCHOOL DISTRICT NO. 113
ROOM 204 THURSTON COUNTY COURTHOUSE OLYMPIA, WASHINGTON 98501
TELEPHONE 352-4851 EXT
700319
BOARD MEMBERS
JOHN W. JAMES, CHM. OLYMPIA LARRY STRITMATTER, RAYMOND RICHARD E.
WORTMAN, OLYMPIA PAUL L. YANTIS. TENINO DALE GUNDERSON, ABERDEEN MARIE
MULLER BRADY RAY P. MELHART, CHEHALIS
COUNTY SUPERINTENDENTS FRED TIDWELL, CHM., OLYMPIA J. W. GOOD PASTER,
SKELTON JOHN ERAK, MONTESANO NEIL, BAILEY, SOUTH BEND MARVIN SCHAFER,
CHEHALIS
The Honorable Julia Butler Hansen Congress of the United States House
of Representatives Washington, D. C. 20515
My Dear Mrs. Hansen:
The Quinault School District No. 97, located in Grays Harbor County,
has inquired regarding the distribution of federal forest monies.
To illustrate my point, I would like to explain that state forest
monies are distributed on the basis of where the forest is located;
therefore, the revenues from state forests accrue to the school district
in which the forest is located.
Therefore, the question of the Quinault School District
Superintendent, Mr. Emit Boyd, "Why can't the revenues from federal
forests be distributed on the same basis as state forest revenues, that
is, to the school district where the federal forest is located?"
Sincerely,
Fred Tidwell
Fred Tidwell, Chairman County Superintendents Intermediate School
District 113
ft/pe
cc: Mr. Emit Boyd Quinault School District No. 97
HEL-009-1980-1980
HEL-009-1978-1980
HANSEN, J B HOUSE OF REP
700317
CORRESPONDENCE
GALBRAITH, A W DOI BIA PAO
RECEIVED
700319
IN REPLY REFER TO:
Forestry 60-4-19 - 339.4 Forestry Stat.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
AIRMAIL
700317
Memorandum
To: Commissioner of Indian Affairs
Attention: Forestry Program
From: Assistant Area Director (Economic Development)
Subject: Stumpage Rates, Quinault Indian Reservation vs. Olympic
National Forest vs. State of Washington
Enclosed is a copy of a letter of 700312, and related tables from the
Western Washington Agency which shows stumpage rates received for timber
cut from the Quinault Reservation, Olympic National Forest, and State of
Washington land.
Although the enclosed letter refers to rates for timber sold, it is
understood that this refers to the rates received for timber cut and not
the rates bid when the sale was made.
(ILLEGIBLE LINE) Assistant Area Director (Economic Development)
Enclosure
HEL-009-1981-1981
HEL-009-1981-1995
COMM OF INDIAN AFF DOI BIA BR OF FORESTRY
700312
CORRESPONDENCE
FELSHAW, G M BIA W WASH AGENCY
IN REPLY REFER TO:
Forestry-339.3 Vol. & Value Comp. USFS, State & BIA
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
700312
Memorandum
To: Area Director, Portland Area
From: Superintendent, Western Washington Agency
Subject: Volume and Value Comparison, U.S. Forest Service, State of
Washington and Bureau of Indian Affairs, 690000
Enclosed, in duplicate, are statistics pertaining to stumpage rates
received for timber cut and paid for during 690000 on U.S. Forest
Service sales, Quinault Reservation sales and sales on State of
Washington lands.
The data obtained has been compiled into three tables: (1)
Comparison of Stumpage Rates Received for Timber Sold on the Soledue and
Quinault Working Circles on the Olympic National Forest and the Quinault
Indian Reservation 670000 through 690000; (2) Stumpage Rates Received
690000 for Timber Sold on Sustained Yield Forest No. 1, Jefferson
County, State of Washington, and (3) Comparison of Stumpage Rates
Received during 690000 for Timber Sold on the Soleduc and Quinault
Working Circles of the Olympic National Forest, State Sustained Yield
Unit No. 1 and average rates received under the Crane Creek and Taholah
Logging Units, Quinault Reservation, Washington.
Time volumes and values of timber from the Quinault Reservation do
not include any timber removed under the Special Allotment Timber
Cutting Permit Program. All the volume was produced from the Crane
Creek and Taholah Logging Units. There were no sales within the Quects
Unit During 690000. There were, however, 10 Special Allotment Timber
Cutting Permits issued, covering 24,167 MBM and a total appraised value
of $1,116,367.90. The appraised value per MBM for the species of timber
involved is shown below:
Species Rate per MBM
Western white pine $12.14
Sitka spruce 72.20
Western redcedar 43.82
Pacific silver fir 38.72
Western hemlock 46.38
All the rates shown in the enclosed tables are weighted average
prices received for stumpage harvested.
(ILLEGIBLE) Superintendent
Enclosures
COMPARISON OF STUMPAGE RATES RECEIVED FOR TIMBER SOLD ON THE SOLEDUC
AND QUINAULT WORKING CIRCLES OF THE OLYMPIC NATIONAL FOREST, AND THE
QUINAULT INDIAN RESERVATION, WASHINGTON, 670000 THROUGH 690000
Note: Figures include sales of 1 MMBM or larger
Table not keyed, see original
STUMPAGE RATES RECEIVED 690000 FOR TIMBER SOLD ON SUSTAINED YIELD
FOREST NO. 1 JEFFERSON COUNTY, STATE OF WASHINGTON
NOTE: Figures include sales of 1 MMBM or larger.
Table not keyed, see original.
COMPARISON OF STUMPAGE RATES RECEIVED DURING 690000 FOR TIMBER SOLD
ON THE SOLEDUC AND QUINAULT WORKING CIRCLES OF THE OLYMPIC NATIONAL
FOREST, STATE SUSTAINED YIELD FOREST NO. 1 AND 690000 AVERAGE FOR CRANE
CREEK AND TAHOLAH LOGGING UNITS, QUINAULT INDIAN RESERVATION, WASHINGTON
Table not keyed, see original
#Based on rate collected from contractor (rate appealed by
contractors, therefore a lesser rate was used for distribution to
allottees).
REVIEW OF FILE NO. 3106-67 "QUINAULT TRIBAL LAND PURCHASE PROGRAM"
BY REAL PROPERTY MANAGEMENT
691000
There follows a digest of the record in subject matter:
Quinault Indian Reservation, State of Washington, Portland Area
Office/Western Washington Agency.
Acreage Breakdown As of 690630.
4,414.00 Tribal
123,523.95 Allotted
17.56 Government-owned
127,955.51 Acres under Bureau
jurisdiction
61,665.49 Acres fee owned (non-trust)
189,621.00 Gross area within
reservation
boundaries, exclusive of tribal
tidelands
The land holdings of the tribe, in addition to the 4,414 acres above
listed, include tidelands along approximately 27 miles of Pacific Ocean
coastline; said tidelands lie between the line of ordinary high water
and the low water line the line of ordinary high water is determined at
any given time on the basis of averages produced by lunar cycles of 18.6
years. Of the tribal uplands, about 2,000 acres are concentrated in the
southeast part of the reservation; the balance being dispersed
throughout the reservation.
The Quinaults voted to accept IRA but did not organize thereunder.
They operate under By-Laws contained in a letter dated 650720, and
approved by then Associate Commissioner Officer. Acquisitions and
disposals of trust or restricted real property are accomplished under
the Acts of 340618 (25 U.S.C. 461 et seq.), and 480514 (25 U.S.C. 484).
670700 Quinault Tribe's proposed land purchase program.
Immediate and long-range objective is to acquire "many acres" of land
on a self-sustaining basis. Prime acquisitions will be "timber,
cut-over and recreation lands"
(1) Timbered lands to be operated on a sustained yield basis;
contemplates inclusion of foreign markets as sales outlet for timber
harvested.
(2) Cut-over timber lands and other lands for future development,
e.g., reforestation, recreational, commercial and industrial purposes.
Tribe seeks FIRST PRIORITY in purchasing any or all lands put up fo
sale by allottees.
680300 Meeting in Washington, D. C.
James Jackson, Chairman of the Quinault Tribal Council and John
Gordon, Assistant Superintendent of the Western Washington Agency, met
with James Officer, Deputy Assistant Secretary of the Interior and
Robert Bennett, Commissioner of Indian Affairs. The tribe sought a
moratorium on sales of Quinault allotments to facilitate the tribe's
financing and purchase of allotments offered for sale. More
particularly, the tribe expects to be allowed to negotiate a purchase
price LESS THAN the appraised fair market value; the tribe feels that
the respective individual Indian owners will be recompensed for the
difference through rights and benefits to be derived by them through
their continued eligibility as a member of the Quinault Tribe.
(Note, however, statement in Task Force Report concerning preparation
of a new Quinault Membership Roll)
680322 Letter from Portland Area Director to Commissioner
Bureau approval of negotiated sales of allotted lands to the tribe at
less than the appraised fair market value would VIOLATE the Bureau's
DUAL RESPONSIBILITY to tribes and allottees. The "benefits" that will
accrue to a particular member of the tribe through sale of his land to
the tribe at less than fair market value are very remote, totally
speculative and without any measure. Regulations and statements of
policy indicate that an Indian owner shall be afforded opportunity to
have his property ADVERTISED for sale to the HIGHEST BIDDER; and such
advertisement, if so authorized by the Indian owner, could permit the
tribe to meet the high bid resulting thereunder. There can be no
UNREASONABLE denial of an Indian's rights to dispose of his property for
the highest price that it will command in the open market.
680520 Letter to Julia Butler Hansen, M. C., from James Jackson,
Chairman of the Quinault Tribal Council
Seeks Mrs. Hansen's help in achieving tribal objectives. The "Land
Purchaser Program" submitted by the tribe in 6707, was not approved
by the Bureau because the tribe had no formal plan for the use of lands
so acquired. Tribe is revising the propsed program to meet this
requirement.
(Revised program is contained in Tribal Resolution 68-55 dated
690210, and was approved by the Area Director on 690214
680603
Memo from Secretary Udall to Commissioner Bennett
Is it possible that the BIA can work out procedures for allottees who
choose to do so to sell their land to the tribe at less than fair market
value? If there is a legal impediment to such sales, the Indians should
be frankly told and the legal impediment specifically defined.
680614
Memo to Secretary Udall from Commissioner Bennett
The regulations (25 CFR 121.18) require that the consideration for a
negotiated sale to the tribe shall be not less than the appraised value
of the land, unless the tribe is a co-owner of the land, or unless the
Secretary, for good and sufficient reason and upon a finding that such
is in the best interest of the Indians (individual as well as tribe),
makes an exception to the regulations.
680701
Letter from Secretary Udall to Rep. Julia Butler Hanson
Discussions have been underway for some time among representatives of
the BIA and the Indians to work out arrangements by means of which
allottees who choose to do so can sell their land to the tribe at less
than fair market value.
BIA timber sale programs are designed to permit timber harvest
without requiring the Indian owners to sell or otherwise dispose of
title to the land itself. However, in some parts of the reservation for
example, the Queets area Indian owners sometimes find that the lack of
road development makes it difficult or impossible to sell their timber
without also agreeing to sale of the land. A single isolated tract
cannot support the heavy road construction costs necessary for timber
harvest and allottees who need money may resort to fee patents or
supervised land sale in order to obtain ready cash.
Even though the BIA does not encourage Indians to dispose of their
land, sales are evidently occurring with some frequency at the Quinault
Reservation, and I think we should take a new look at the problem there.
I am, therefore, asking Assistant Secretary Harry Anderson to set up a
small task force to study the question of timber sales and their
relation to the passage of land out of Indian ownership at Quinault.
680731
Letter from Commissioner Bennett to Area Director Baldwin
In the meeting here in Washington last March with Tribal Council
Chairman Jackson, it was understood and agreed that we would cooperate
with the tribe in its efforts to develop a land base, provided the tribe
developed a land consolidation and utilization plan approved by the
Bureau.
You are authorized to approved sales of allotted land on a negotiated
basis to the tribe at less than the appraised fair market value,
provided the sellers of such lands sign a written statement agreeing to
accept, by their own free will, an amount less than the appraised fair
market value. This authorization is to become effective upon the
approval of the tribe's land consolidation program.
680813
Appointment of Task Force
Assistant Secretary, Harry Anderson designated the following as
members: Newton Edwards, Chairman Earle Wilcox LaFollette Butler
680919
REPORT OF TASK FORCE
The tribe is in the process of preparing a current membership roll.
It will not include a number of Indians who have property rights in
allotments on the reservation but do not meet tribal blood or residence
requirements.
A typical 80-acre timbered allotment is worth about $66,000 of which
only $4,000 is land value. Ocean front allotments are also of great
value bringing about $40 per front foot, and after being subdivided
bring about twice that price.
Almost a third of the reservation land has gone out of Indian
ownership, but little of it is actually occupied.
The objective of the Quinault tribe is to keep Indian land in Indian
ownership. The dilemma the BIA faces across the country concerning
tribal group desires to keep Indian lands in Indian ownership and the
desires of individual Indians concerning their private property rights
are basic to the problems at Quinault. The Department is in an awkward
position as trustee for both the tribe and individual Indians when their
interest conflicts.
The problem of balancing the interests of the tribe in keeping Indian
lands in Indian ownership (which ultimately involves tribal acquisition)
and the interests of the individual Indian owners of trust lands is one
that the Congress, the Department and others interested in Indian
affairs have spent a great deal of time pondering, over a number of
years. No entirely acceptable solution has yet been found. Any program
for solution to the problem represents to some degree an infringement on
the private property rights of the individual Indian owner.
We assume that the tribal council represents the Indians of the
Quinault Reservation and that the Chairman speaks for the Council and
for the people. Off-reservation Indians do not participate in tribal
decisions and may of these people may not be eligible for Quinault
"membership." Negotiated land sales to the tribe, and to individual
Indians as well, should be authorized at less than fair market value as
exceptions to the regulations; provided, the sellers of the land sign a
written statement agreeing to accept, by their own free will, an amount
less than the appraised fair market value. (Task Force cities
Commissioner's letter of 680731). Gifts of lands to the tribe should be
authorized in those instances where the individual desiring to make the
gift is deemed by the Bureau to be capable of making this decision about
his property.
681002 APPROVAL, of Recommendations of TASK FORCE
Secretary Udall sent copies of the approved Task Force Report to
Congresswoman Julia Butler Hansen, to Tribal Council Chairman Jackson,
and to Commissioner Bennett; charging the latter with seeing that the
necessary steps are taken to carry out the recommendations, including
changes in regulations and procedures.
681012 Letter from Commissioner Bennett to Area Director Baldwin
Forwarded copy of approved task Force Report and asked for
recommendations for any changes in regulations, procedures, or
delegations of authority.
690210 Quinault Tribal Council Resolution 68-55
Contains REVISED Land Purchase Program
690214 Bureau APPROVAL of Tribal's Revised Land Purchase Program
Approval accomplished by Area Director.
690219 Letter to Commissioner from Area Director
Consistent with the recommendation of the Task Force, it is requested
that there be included in 25 CTR 121, an appropriate section EXCLUSUVE
for the Quinault Reservation which would provide:
a. Indian owners of trust or restricted lands of the Quinault
Reservation may, with the approval of the Secretary, convey their lands
to the Quinault Tribe or to another Indian of the Quinault Reservation
for a consideration that is less than the appraised fair market value.
The Secretary will not approve such conveyance at less than the
appraised fair market value if any grantor who is party thereto does
not, in the judgement of the Superintendent, meet the competency
requirements of Part 121.2.
b. If the purchaser is the Quinault Tribe, or is an Indian of the
Quinault Reservation, and the title to be acquired is to remain in a
trust or restricted status, a sale may be made or approved with consent
of the Indian owner on a deferred payment plan with the initial payment
by the purchaser to be not less than 5 percent of the purchase price in
advance. Terms for the payment of the balance shall be as mutually
agreed upon between the contracting parties in the sale subject to the
approval of the Secretary of the Interior and consistent with Public Law
88-301 (78 Stat. 186-187, as amended). If the purchaser on any deferred
payment plan makes default in the first or subsequent payments, all
payments, including interest, previously made will be forfeited to the
Indian owner(s).
We seek clarification or an expansion of task force recommendations
for negotiated sales of trust property when such sales relate to land
which bears a harvestable crop of merchantable standing timber. In
exercise of the trust responsibility, we find it difficult for us to
support a land management policy which fails to fully promote sale of
the timber crop for the benefit of its owner or which, without evidence
of substantial offsetting benefits, permits the crop to be sold at less
than the highest price obtainable in the competive market. We believe
that if the Bureau's responsibility as a trustee is dual in character,
then Indian owners should be advised to SEEK OPEN MARKET COMPETITION for
the timber crop.
It is our hope that problems attendant to carrying out Task Force
recommendations can be resolved in a manner that DOES NOT VIOLATE THE
PROPERTY RIGHTS of the individual Indian in order to accomplish
satisfaction of the tribe and individual Indian purchasers. We strongly
believe that the tribe should be provided assistance in reaching its
goals, but that no tribal objective attained should be at the expense of
any Indian individuals.
With respect to carrying out the General Forest Regulations (25 CFR
141), it is felt that the intent of the Task Force recommendation would
be met in applying the following procedures;
a. Initial consideration of a logging unit would decide whether
problems on consent of allottees are evident. If they are, a
solicitation of opinion would be made to the allottees by letter, not a
power of attorney.
b. Upon decision as to the lands to be included in a logging unit,
the Forest Officer's Report would be made previous to the soliciting of
powers of attorney.
c. The power of attorney would then be prepared and state the
estimated volumes, suggested advertised rates, and suggested minimum
rates. Accompanying would be other information to the allottee which
would enable them to make an informed decision in the signing of the
power of attorney.
690609 Letter from Commissioner to Area Director
Replies to Area Office letter of 690219, pertaining to proposals for
implementing Task Force recommendations.
We are withholding our approval of the recommended additions to 25
CFR 121, pending the approval of FIRM WRITTEN GUIDELINES by the
Secretary of the Interior for exercising the special authorities which
are requested. Such guidelines may obviate the need for the aforesaid
proposed additions.
In the matter of timber sales, we do not agree that the intent of the
Task Force recommendation will be met by applying the procedures
suggested in your letter of 690219. We believe that difficulties and
delays which occurred in the sale of timber in the Emerson Logging Unit
can be avoided in future sales without deviating from the specific
procedure recommended by the Task Force.
690710 Memorandum from Acting Commissioner Taylor to Asst.
Commissioner Hubley
The PROBLEMS in meeting the tribe's desire to purchase timber and
land trouble me. Instead of the formula provided in the Task Force
Report, which in effect requires subsidization of the tribe by
individual members who own allotments, ought we not work out some
financial means for the tribe to acquire property.
690714 Memo to Asst. Commissioner Hubley from Albert Huber.
Federal funds on a limited basis may be available for loans to tribes
for land purchases.
Pending legislation provides for 30 year maturities and interest
rates determined by the Secretary of the Treasury, which it is estimated
at the present time would be in excess of 5 percent. Most of the land
tribes propose to buy probably would not produce sufficient income to
repay land purchase loans within the 30 year maturity, with interest.
In order for most tribal land loans to receive approval, they would have
to be subsidized with other tribal income.
If special legislation for Quinault, for either a loan or a grant,
were proposed, the Bureau would be opening a Pandora's box. Other
tribes would immediately demand like consideration. At the present time
more than 50 tribes are clamoring for land purchase loans of $121.4
million.
690820 Memo to Asst. Commissioner Hubley from Jesse Goodwin.
In the conveyance of Indian trust or restricted lands, if it is the
desire of the Commissioner and the Secretary to approve same at less
than the fair market value, it is recommended that such be accomplished
as an exception to the regulations rather than including it in 25 CFR
121 as requested by the Portland Area Office by letter of 690219. It is
my opinion that the necessary authority to accomplish the actions
requested has been already delegated to the Portland Area Director.
Observations and Comments.
Insofar as concerns purchase of allotted lands by the tribe,
assurance of preserving the individual Indian's rights to dispose of his
property for the highest price that it will command in the open market
can be achieved by a public call for sealed bids to be followed by oral
auction (25 CFR 121.14). The tribe as a prospective purchaser could
participate competitively with other bidders.
It is our opinion that unless there is an acceptable plan and
agreement between all parties assuring consummation within a reasonable
time of the acquisition of the entire trust or restricted ownership
interest in an allotment, it is considered inadvisable to permit the
tribe to purchase fractional trust or restricted interests therein
aggregating less than the whole.
If, as pointed out in our memo of 690820, it is the desire of the
Commissioner and the Secretary to approve sales of allotted lands to the
tribe at less than fair market value, the Portland Area Director's
authority to approve such transactions is contained in the combination
of the following:
1. Commissioner's letter of 680731.
2. Task Force Report of 680919, and the Secretary's approval thereof
on 681002.
3. Portland Area Director's approval on 690214, of the tribe's
Revised Land Purchase Program.
HEL-009-1982-1995
HEL-009-1981-1995
AREA DIR DOI BIA PORTLAND
691008
CORRESPONDENCE
SKARRA, P E DOI BIA
691008
791-67
Forestry
Information Officer
Chief, Forestry Program
Requesting the assistance, of Mr. Gordon Hiltbrand, Bureau
illustrator.
We request Gordon Hiltbrand's assistance to reduce a large scale map
to letter size, to facilitate its inclusion in a technical report
covering forest management of the Quinault Indian Reservation.
Mr. Hiltbrand has advised that he has the facilities with which to
complete this project.
Perry E. Skarra Perry E. Skarra Chief, Forestry Program
Surname Forestry Chrony Mailoom Chrony Holdup AWoll/bjr 691008
HEL-009-1996-1996
HEL-009-1996-1996
INFO OFFICER
690929
CORRESPONDENCE
LUNDEEN, V DOI BIA, PAO
RECEIVED
691002
IN REPLY REFER TO:
Forestry 67-2-1 - 339.5 Queets Area
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690929
Memorandum
To: Superintendent, Western Washington Agency
From: Assistant Area Director (Economic Development)
Subject: Use of private roads in Queets Area of the Quinault
Reservation.
The Special Task Force Report on Quinault Land and Timber Sales of
680000 recommended "the Bureau aggressively negotiate with the owners of
access roads in the Queets area to obtain third party use agreements
which are favorable to the Indian people as is possible."
The Regional Solicitor was asked for legal opinion as to implementing
access to Indian lands in the Queets area. A copy of response from the
Regional Solicitor is furnished at this time for your information.
(Sgd.) Victor Lundeen Victor Lundeen Acting Assistant Area Director
(Economic Development)
Enclosure
cc: Commissioner, Attn. Forestry Program w/enclosure
HEL-009-1997-1997
HEL-009-1997-2001
SUPT BIA W WASH AGENCY
690911
CORRESPONDENCE
NEELY, C R OFF OF REGIONAL SOL
OPTIONAL FORM NO. 10
620500 EDITION
USA GEN. REG. NO. 27
UNITED STATES GOVERNMENT
Memorandum
TO: Bureau of Indian Affairs (Area Forester)
FROM: Office of the Regional Solicitor, Portland
SUBJECT: Use of Private Roads in Queets Area of the Quinault
Reservation
You have requested that we study the access road problem on the
Quinault Indian Reservation which is particularly acute in the northwest
portion of the reservation known as the Queets Unit. It was originally
planned that the timber in the unit would be sold under a long-term
contract similar to the Crane Creek and Taholah contracts. For reasons
which are not relevant at this time, the unit was never sold. The
timber remained a part of the individual allotment tracts.
Many of the allotment owners, anxious to realize an income from their
land, sold their allotments which were usually purchased by non-Indians
for the timber. No provision was made in the land sale for the
reservation of an easement for access to other allotments. We
understand that some allotments are now without access to public roads
except across private roads built by the landowners for the removal of
their timber. Some owners have acquired extensive road systems which
entirely traverse upon fee land without ever crossing trust or
restricted lands.
Access to many allotments has been gained by entering into easement
agreements which permitted the removal of timber for a particular sale.
The owner of the road charged a road use fee which affected the stumpage
price received by the Indian allotment owner for his timber. However,
such easements were only temporary and did not provide permanent access
for timber management and fire control.
The Secretary of the Interior has been given the responsibility for
the operation and management of forestry units on the principle of
sustained yield management. (25 U.S.C. Section 466) These objectives
are set forth in 25 CFR 141.3 and 141.4. The Secretary must also
provide fire protection to all timbered areas of the reservation which
are in trust. It is obvious that fire protection cannot be provided if
there is no legal access to the areas needing protection.
We believe that the Secretary of the Interior has authority to
condemn an easement for forest protection, management, and timber
removal across fee lands pursuant to 40 U.S.C. Section 257. This would
include the authority to condemn a joint nonexclusive right to use
existing roads built by the landowner or owned by timber companies
across fee land.
Any officer of the government who has authority to acquire real
estate for public use has authority to acquire it for the United States
by condemnation. The only requirement is that it must be for public use
and the officer must have authority to acquire real property. Simmonds
v. United States, 199 F. 2d 305 (9th Cir. 560000), and United States v
.073 Acres of Land in Pinelawn, 42 F. Supp. 423 (E.D. of N.Y. 410000)
The Secretary of the Interior possesses the necessary authority to
acquire land in the name of the United States to provide for the care,
protection, and welfare of Indians. State of Minnesota v. United
States, 125 F.2d 636 (8th Cir. 420000). The protection of Indian lands
and timber is a public use.
The case of United States v. Eighty Acres of Land, 26 F.Supp. 315
(E.D. I11., 390000), upheld the right of the United States to condem
land for reforestation, forestation, prevention of forest fires, flood
control, and protection of soil erosion. The court stated that no one
could reasonably doubt that these were public purposes and cited the
long history of the United States in this area and the scope of federal
power over forest preserves. In a similar case, the Secretary of
Agriculture was held to have authority under 40 U.S.C. Sections 237 to
condemn an access road over private property for the administration,
protection, and development of the forests. United States v. Threlkeld,
72 F.2d 464 (10th Cir. 340000)
You state that in many instances the United States would like to
acquire a permanent right to use existing roads built on easements
acquired by lumber companies across fee lands. The question presented
is directed to the authority of the Secretary of the Interior to acquire
a joint nonexclusive right to use these existing roads. We are of the
opinion that the Secretary of the Interior has such right.
It is well settled that a private easement is real property and may
be taken by eminent domain. 2 Nichols on Eminent Domain, Section 5.72.
All titles and interests in lands are held subject to the sovereign
right of the United States to acquire it by condemnation. United States
v. Merchants Matrix Cut Syndicate, 219 F.2d 90 (7th Cir. 550000). The
United States may take such property as it selects and such interest or
use it determines. United States v. 60,000 Square Feet of Land, etc.,
53 F.Supp. 767 (N.D. Cal. 430000) In State ex rel. St. Paul & Tacoma
Lumber Co. v. Dawson, 171 P. 2d 189, 25 Wash. 2d 499 (460000), the court
stated that it had long been settled that an easement may be condemned
over an existing road.
In the case of Scott Lumber Company v. United States, 390 F.2d 388
(9th Cir. 680000), the United States, on behalf of the Forest Service,
condemned an easement for highways in all the existing roads of the
lumber company for "the purpose of removing timber and other products
from the Shasta-Trinity National Forest, and for the use of,
conservation and protection and general administration of said forests."
The court stated that it was completely satisfied that the taking was
for a public use and that such taking was authorized by law and cited 40
U.S.C. Section 257. In the case of Polson Logging Co. v. United States,
160 F.2d 712 (9th Cir. 470000), the Secretary of Agriculture was
allowed to condemn a logging road in the Humptulips River Basin on the
Olympic Peninsula in Washington. The logging road had been converted by
the owner from a logging railroad to a truck road. The Secretary of
Agriculture condemned the road as necessary in the "administration,
protection, development and improvement of the Olympic forest, including
the transportation of men, supplies, and equipment needed for these
purposes and of timber removal from the forest."
The Washington Supreme Court upheld the right of a logging company
under state law to condemn a logging road for a term of three years over
a logging railroad grade owned by the defendant where the ties and rails
had been removed from the road bed. State ex rel Polson Logging Co. v.
Superior Court, 119 P.2d 694, 11 Wash.2d 545 (410000). In another case,
it upheld the right of a condemning logging company to condemn a joint
use of a private road under reasonable terms and conditions for
maintenance and improvement of the road. State ex rel Colyn v. Superior
Court, 232 P. 282, 132 Wash. 411 (250000).
Market value of the interest condemned is the measure of the just
compensation to be paid for the taking. United States v. Petty Motor
Co., 327 U.S. 372, 90 L.Ed. 729 (450000). The ascertainment of the
compensation where a joint, nonexclusive easement in an existing road is
taken may prove difficult. It will hinge to a great extent on the
rights reserved by the owner of the road and the obligation for
maintenance and improvements assumed by the United States. It is fairly
well established that an estimate of the tolls that could have been
collected based upon an estimate of the timber to be hauled over the
road is too speculative and conjectural to be considered. Polson
Logging Co. v. United States, supra.
In the case of Santiam Lumber Company v. Conhaim, 218 Ore. 220, 344
P.2d 247 (590000), a lumber company sought to condemn an existing
logging road across the defendant's land, which had been constructed by
the lumber company on a permit which had expired. The court stated that
in a proceeding to acquire an easement for a logging road, evidence of
the quantity of timber that might be transported over the road is not a
proper factor to be considered in determining value. Such an assumption
is too speculative and conjectural.
It is our recommendation, in view of the authority vested in the
Secretary as above discussed, that negotiations be undertaken with the
road owners to acquire a permanent, joint, nonexclusive right to use
their existing roads. The landowners should be informed of the
authority of the Secretary to acquire such rights by condemnation it
necessary. These rights would be acquired in the name of the United
States for the purpose of the administration, protection, development,
and improvement of Indian lands, including timber management and
removal. Where no existing roads exist on fee land and the Bureau
desires to acquire and build access roads, similar negotiations should
be undertaken with the landowner for a road right-of-way.
You also state that where portions of roads cross allotments held in
trust, the rights-of-way for the roads were acquired under 25 CFR 161,
You ask us to indicate any differential between such rights and the
rights above discussed. We assume you refer to such rights as they
relate to any right reserved by the Bureau to jointly use the roads
located thereon for timber management and removal.
There is ample authority under 25 CFR 161 to permit the Bureau to
reserve a right of joint use for timber management and removal in the
grant of any rights-of-way. 25 CFR 161.5(k) (161.7(e) prior to 681227)
provides that the applicant will not interfere with the use of the land
by the landowner for any purpose not inconsistent with the primary
purpose for which the right-of-way is granted. 25 CFR 161.12 (161.14
prior to 681227) provides for the payment to the landowner of the fair
market value "of the rights granted," indicating that the compensation
paid must be related to the rights given. The authority of the
Secretary to prescribe the nature of the grant and to reserve joint
rights is contained in 25 U.S.C. Section 323, which provides that such
grants may be "subject to such conditions as he may prescribe." Payment
of just compensation for such grants is required by 25 U.S.C. Section
325.
The rights reserved in each grant of a right-of-way given pursuant to
25 CFR 161, would depend on the terms of the grant and the consideration
paid. You should review each grant to determine if the right was
reserved to allow the Bureau to jointly use the road constructed thereon
for timber management and removal.
For the Regional Solicitor
(ILLEGIBLE) C. Richard Neely Assistant Regional Solicitor
HEL-009-1998-2001
HEL-009-1997-2001
AREA FORESTER DOI BIA
690924
CORRESPONDENCE
ASST AREA DIR ECONOMIC DVLP
RECEIVED
690926
IN REPLY REFER TO:
Forestry 69-2-12 - 339.5 Rights-of-Way Sol. Opin.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690924
AIRMAIL
Memorandum
To: Commissioner of Indian Affairs
Attention: Forestry Program
From: Assistant Area Director (Economic Development)
Subject: Tribal Use of Rights-of-Way under Timber Sale Contracts
Enclosed for your information and review is an opinion from the
Office of the Regional Solicitor, Portland, Oregon. It responds to
requests stated in the attached letter of 690212, from the
Superintendent, Western Washington Agency, and 690214, memorandum of the
Portland Area Office.
Based on the Regional Solicitor's opinion, we are recommending that
the Superintendent, Western Washington Agency, be authorized to
entertain requests from the Quinault Tribe for right to use roads within
the Crane Creek and Taholah Logging Units. The requests would be
required to be specific as to the roads to be used and the conditions of
use. Each case would be reviewed and the grant of right-of-way be
subject to approval by the timber contract approving officer.
AW Galbraith Assistant Area Director (Economic Development)
Enclosures 3
HEL-009-2002-2002
HEL-009-2002-2027
COMM OF INDIAN AFF DOI BIA BR OF FORESTRY
690912
CORRESPONDENCE
NEELY, C R OFC OF REGIONAL SOL
690912
Bureau of Indian Affairs (Forestry)
Office of the Regional Solicitor, Portland
Tribal Use of Rights of Way under Timber Sales Contract
In your memorandum of 690214, you ask for our opinion on the
authority of the Bureau of Indian Affairs to allow the Quinault Tribe to
use roads constructed on the reservation under a timber sales contract.
A letter from the Superintendent of the Western Washington Agency, dated
690212, stated that unless there are regulations to the contrary, the
approving officer should be allowed to authorize the Tribe to use such
roads. The Superintendent refers specifically to Item 5 of Form 5-502,
General Timber Sale Regulations, which was used prior to 600000, and
Item 10 of Form 5-610, Standard Timber Contract Provisions, which is
currently in use. You indicate that most of the roads in question have
been built under a timber sales contract which included Form 5-502.
You indicate that your main concern is with the roads built in the
sales area by the purchasers pursuant to the Crane Creek and Taholah
Contracts on the Quinault Reservation. These two contracts were entered
into prior to 600000 and therefore Form 5-502 was used. The Quinault
Tribe would like to have the approving officer authorize its use of
these roads in the event of future timber sales on adjacent tribal
lands. The Bureau of Indian Affairs also needs to use these roads for
its timber management program.
Item 5 of Form 5-502 authorizes other sales of timber not previously
sold in the sales area and provides that "rights-of-way may be granted
by the approving officer through portions of the sale area during the
contract period, provided they do not interfere with the operations of
the previous purchaser." It could be urged that this authorizes the
granting of rights-of-way only to a purchaser of other timber in the
same sales area. However, we are of the opinion that this provision,
when read with the contracts as a whole, is sufficiently broad to allow
the approving officer to authorize others, including the Quinault Tribe,
to use the roads in the sales area, including those constructed by the
purchaser.
The timber contracts do not grant to the purchaser the exclusive
right and possession of the land described, but only those rights as set
forth therein, being all merchantable timber together with the right to
use existing roads (Item 41) and to construct and maintain facilities,
including roads subject to the regulation of the Commissioner of Indian
Affairs (Item 39). There is nothing in the contract that would allow
the purchaser to exclude the property owners or those authorized by the
approving officer from the sales area, including the roads located
thereon, so long as such entry does not unreasonably interfere with the
purchaser's per amount right to harvest the timber. It is usually held
that a general grant of a right-of-way is not exclusive and the
purchaser has no right to exclude the landowner or others from the joint
use of the roadway. 25 Am. Jur, Easements and Licenses, 77. Hence, if
the use of the roads can be reasonably enjoyed by the purchaser without
being exclusive, the landowner and his contractors may jointly use the
roads in common with the purchaser. 25 Am. Jur.2d Basements and
Licenses 89. The Crane Creek and Taholah contracts are specifically
made subject to Item 5 of the General Timber Sale Regulations and
existing rights-of-way. (Paragraph 19 of the Crane Creek Contract and
Paragraph 18 of the Taholah Contract.)
The right of the Bureau of Indian Affairs to use all roads in the
sales area necessary for the management of Indian forest lands under the
objectives as set forth in 25 CFR 141.3 cannot be challenged. These
objectives include the orderly harvesting of timber (141.3(2)) and the
sale of Indian timber in open competitive markets (141.3(4)), both of
which require reasonable access. The above timber sales contracts did
not bargain away the right to use all access roads through the sales are
necessary for the Bureau to carry out these objectives.
It is our opinion that Item 10 as set forth in the 600000 revision of
the standard contract provision carries forward and clarifies the intent
of the prior provisions. Item 10(a) provides that roads constructed by
the purchaser "shall not convey the right of exclusive use to the
Purchaser." It also provides in Item 10(d) that the roads constructed by
the Purchaser "may be used by other parties as authorized by the
Approving Officer." The prior provision stipulated that "Rights-of-way
may be granted" to others. Item 10(d) of the revised form also provides
"such other parties shall provide improvements and maintenance to the
roads as may be reasonable and equitable to prevent appreciable
increases in the Purchaser's cost of operation as a result of joint
use." The prior provision provided that rights-of-way may be granted
"provided they do not interfere with the operations of the previous
owners." Failure of the additional user to provide reasonable
maintenance, decreasing the purchaser's use or increasing his costs,
would be interference with his operations.
You also ask if the approving officer may grant the right to use the
roads in the sales area to the Tribe without consent of the Indian
owners. Both of the standard forms provide for the grant of use of the
roads by the approving officer. These standard forms are a part of the
timber sales contract executed in behalf of the Indian owners; and, so
long as the timber sales contracts are in effect, the consent of the
Indian owners to grant these rights continue. Therefore, during the
term of the timber sales contracts, the approving officer has the
authority to grant to the Tribe and its contractors the right to use all
roads through the sales area, including roads constructed by the
purchasers, so long as such use does not unreasonably interfere with the
use thereof by the purchasers and conditioned upon the assumption of
that portion of the maintenance and repair of the roads commensurate
with the additional usage.
For the Regional Solicitor
C. Richard Neely Assistant Regional Solicitor
JRKuhn:dwj
HEL-009-2003-2005
HEL-009-2002-2027
BIA BR OF FORESTRY
690214
CORRESPONDENCE
HADLEY, K W DOI BIA
690214
Office of the Regional Solicitor
Bureau of Indian Affairs (Forestry)
Granting of rights-of-way for tribal use on the Quinault Reservation
We are enclosing a copy of a letter dated 690212, from the Acting
Superintendent of the Western Washington Agency requesting a legal
opinion on the subject matter.
Basically the request carries the indication that the Bureau has the
authority to grant the requested use by the tribe over any road
constructed on trust land under a timber sale contract without further
consent from owners involved. The basis for this opinion is indicated
to be provided in Section 5 of the General Timber Sale Regulations
(applicable to the Crane Creek and Taholah Contracts) and Section 10 of
the Standard Timber Contract Provisions. Very little road on the
Quinault has been constructed under the latter contract provisions.
We anticipate we will be confronted with a specific problem on this
subject in the immediate future. We will appreciate a legal opinion
responsive to the request. If additional information is required, we
will be happy to provide it upon request.
Kenneth W. Hadley Acting Assistant Area Director
Enclosures
HEL-009-2006-2006
HEL-009-2002-2027
OFC OF REGIONAL SOL
690212
CORRESPONDENCE
BENEDETTO, J B BIA W WASH AGENCY
IN REPLY REFER TO: Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
690212
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
The Secretary's task force report dated 680919, recommended "that the
Bureau aggressively negotiate with the owners of access roads in the
Queets unit to obtain third party use agreements which are as favorable
to the Indian people as is possible."
In 681100, a meeting was scheduled with the Quinault Allottee
Committee, timber company owners and Bureau of Indian Affairs personnel
for the purpose of the recommendation as spelled out above. Only one
owner showed up resulting in the postponement of the meeting. A second
meeting was scheduled at the Anderson & Middleton office in Hoquiam
between the Superintendent, Agency Forest Manager and timber company
owners. The results of the meeting are spelled out in the enclosed
memorandum to the files.
On several occasions, the Bureau of Indian Affairs has been asked to
declare all roads built on allotted lands held in trust be declared
available for tribal use or to an authorized contractor of the tribe
based on the following language.
1. Taholah and Crane Creek contracts, form 5-502 - General Timber
Sale Regulation, Item 5. Other Sales:
"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.
2. Standard Timber Contract Provisions, Form 5-610, Item 10 Copy
enclosed.
It is the opinion of the Quinault Tribe that the approving officer
has the authority to authorize their desired use and should do so
without delay.
Unless there are regulations prohibiting this authorization, we
recommend said authority be granted. This recommendation is based on
the directive language in the Task Force Report, the desires of the
Tribe and the apparent negative attitude of the timber companies.
If necessary, we request a Solicitor's opinion, to use in advising
the tribe of our legal position in carring out the wishes of the Tribe
and Task Force recommendations.
Sincerely yours,
John B. Benedetto Acting Superintendent
Enclosures: Memorandum to the file Standard Timber Contract
Provisions
BULK RATE U.S. POSTAGE
PAID
(ILLEGIBLE) PERMIT NO. 8 690900
FREE TAKE ONE
LOGGERS WORLD
Vol. 5-No. 9 (52)
"THE LOGGERS PAPER"
690900
M G LOGGING CO.
M G LOGGING COMPANY OF OAKVILLE, WASH. LOGGING ON THE QUINAULT
INDIAN RESERVATION ON RAFT RIVER. HELEN MITCHELL OWNER. Bud Mitchell
Manager. Bean Grandorff Logging Superintendent, Jack Brown Hook Tender.
Kenny Brown Rigging Slinger. Alfred Brown Cat Skinner. George Mitchell
Yarder Operator. Neil Grandorff Shovel Operator. Larry Englund Chaser.
Lawrence Englund Setting Chokers.
Timber fell and bucked by three cutters. Who are: Del Hastings,
Avery Gates and "Blackie" Hilton. N. D. Terry is the Forester and
Logging Engineer.
Logs hauled by Frank Badgley, Ralph Moe, Neil Grandorif, Don Frickel,
Loyal Rice, James "Oakie" Thompson and other truckers.
Road now being constructed by Bignold Construction Company of
Montesano. Using a 30-B to construct grade with. Two construction men
on job, Howard Valentine and Shovel operator Del Owens. (Will have a
fleet of trucks come and lay on the gravel.)
(ILLEGIBLE LINE)
Logs hauled by Frank Badgley, Ralph Moe, Neil Grandorff, Don Frickel,
Loyal Rice, James "Oakie" Thompson and other truckers.
Road now being constructed by Bignold Construction Company of
Montesano. Using a 30-B to construct grade with. Two construction men
on job, Howard Valentine and Shovel operator Del Owens. (Will have a
fleet of trucks come and lay on the gravel.)
Their loggers theft prevention registered brand is WMG097.
Timber changes from good to awful, one side of the road might be real
good and on the other side of the road the standing timber is junk.
This country runs heavy to cedar. Average about 4 million feet of
timber to the 80 acres. Bud Mitchell says the timber can change "just
like turning the pages of a book". Along the stream they are logging
next to (Don't fall any trees in the creeks. Don't yard across them or
get any junk in them) are some large good quality spruce. Was told they
got over thirty of these overgrown spruce trees from one acre of ground.
This is wet country (Rainfall last year just shy of 180 inches or
half an inch a day average for 360 days out of 365. That's dampl).
M G Logging Company yards wit one hl-lead side. The day I was on the
job they mailed out 21 loads (don't do this well every day). For
yardling they use a Skagit BU-80 Yarder and Skagit Tower. Their logs
are loaded with a 2300 Mainitowoc on tracks with heel boom and grapple.
They build some of their roads with their D-8 which is piloted by Alfred
Brown. They have another log loader and a Steel Sled Mounted BU-85 in
case they need more production.
Bud Mitchell said the company lost most of two million feet of fell
and bucked timber in the Raft River fire which started in 670700. They
did salvage some logs but had to sell them at less than market prices
due to the charred condition. The fire damaged some of their standing
timber.
In this wet country road construction would be almost impossible
except for large deposits of gravel. Most of this gravel wouldn't grade
too high but it is plentiful (usually) and the roads hold up by putting
olots of it on the ground.
Much of the roads are pioneered with shovels, then the trucks haul
the gravel and dump it on the grade without further cermony. Bud
Mitchell says there are three main ways to build road in this country.
(1) Dig down to hardpan with big bulldozer and thus use little or no
gravel. (2) Use shovel and smear trash and wood around on the grade and
make a mat or bed for the gravel only. Cut the stumps off low, make a
wood mat and gravel over it.
This company started logging on Raft River in 640000 and have logged
mostly in this area. Bud: "When we came up here everything we had was
in a half ton pick-up. We borrowed $14,000 and got a shovel with it.
That was the Start."
LOGGERS WORLD
"The Loggers Paper" Published Monthly at Chehalis, Washington P.O.
Box 1006 - Zip Code 98532 Phone: (206) 748-8591 Subscription Rate: $3
per Year; Two Years for Five Bucks
BULL-COOK Finley Hays
ADVERTISING TEAM Bill and Vi lund
LOGGERS THEFT PREVENTION CO-OP MGR. Hap Johnson
COLUMNIST Paul Reppeto
CARTOON & ART WORK Marv McBee, Glen Duncan
and N.B. Gardner
OFFICIAL LOGGING POETS N.B. Gardner and
Woodrow Gifford
And Many Other Contributors
EDITORIAL+++
HURRIED UP EDITORIAL
By Woody Gifford
(Ed. Note: Woody is spending part of his vacation from cutting
timber at our place learning the mechanics of putting out a paper. He
is this month's guest Editor)
Finley Hays just stepped into my Temporary Office (three days) and
asked me to write a three hundred word Editorial. Pursuing this
further, I asked him what on and he said "anything but Girls." I am
presently running through the Loggers Theft Prevention Co-op. Members
files and trying to write a few words to identify their pictures for the
next issue of The Paper. I find this very interesting from the
standpoint of where these men work, how long they have been in the
Logging Business and where they live. I am aquainted with some of these
areas but for the most part they are new to me. I have the feeling that
I would like to go there some time, meet these loggers and see their
operation. I have spent several years around loggers and to me they are
Number One Americans.
M G LOGGING bosses. Bean Grandorff on left (Logging Super.) and Bud
Mitchell Logging Manager ("I'm really just a flunky.").
Bean has worked for Simpson for about 12 years, put in one year with
Fred Moe logging and then to M G Logging.
Bud (51 years of age) started in the woods in 370000. Got busted up
in 500000 and for many years couldn't work while healing up. At first
he wasn't expected to live after the accident and then when it was plain
he was going to be around he was told that he'd never be able to walk.
Happy to report he is doing both; living and walking.
These two men have known each other since 420000. Bean said that the
first he remembers of Bud is that he was in downtown Oakville one day
when Bud came up on a motorcycle. He stopped by Bean and said: "Come
on. I'll give you a ride."
Bud says: "I must like logging or guess we wouldn't be doing it.
I've changed employment several times. I'd try working in town and it
would be alright for a while and then the first thing I'd know I'd be
back in the woods."
M G Logging Company is one of the few outfits of their size I know of
who hire a Forester & Logging Engineer who is N.D. Terry. Bud says of
N.D. Terry: "He (three days) and asked me to write a three hundred word
Editorial. Pursuing this further, I asked him what on and he said
"anything but Girls." I am presently running through the Loggers Theft
Prevention Co-op. Members files and trying to write a few words to
identify their pictures for the next issue of The Paper. I find this
very interesting from the standpoint of where these men work, how long
they have been in the Logging Business and where they live. I am
aquainted with some of these areas but for the most part they are new to
me. I have the feeling that I would like to go there some time, meet
these loggers and see their operation. I have spent several years
around loggers and to me they are Number One Americans.
Finley lined out some work for me to do this morning and he says
"It's up to you, and if you get stuck ask June." Well, just in case you
don't know who June is, she is June Stanley, Office Manager for Loggers
World Inc. and a very efficient person with a high degree of patience,
which is a good quality.
At the Loggers World Dinner the other night I was pleased to see
Myron Metcalf and his wife Yvonne. I might say that they are my
neighbors, since Myron and Yvonne are from the Naselle Grays River area
and Myron and I have worked on the same ranch, (Weyerhaeuser Co., Grays
River, Wash) Myron will be going back to college in a month. He will
graduate as a Forester from W.S.U. at the end of this year. A fine man,
and a good logger and a valuable asset to Loggers World.
I will be running out of my allotted space very soon and I couldn't
do these other people justice in a Three Hundred Word Editorial, but I
would like mention some of the other Loggers World people. To make it
short, the others attending the "no special reason" Loggers World Dinner
were: Paul Reppeto (The Way of The Logger), June Stanley, Della Johnson
and her husband Hap; Jean Hays and her husband Finley; Linda Blvens
and her husband Clyde, Jean Pemerl and her husband Ed; "Biscult" Martin
and her husband Buzz; and Vl lund with her spouse Bill.
I have never seen so many nice people in one place at one time.
THE HIGH CLIMBER By Ted Goodwin (Dedicated to Paul Reppeto)
I saw him climb his tree today, With axe and saw and spurs. Looked
like a beetle, 'way up there Among those tall, green firs.
He trimmed the limbs off as he "clumb" They fell down with a swish
That job has cost the lives of some killed deader than a fish.
Leaning back against his belt He sawed and sawed and chopped What a
relief he must have felt At last, the tree was topped. logging and then
to M G Logging.
Bud (51 years of age) started in the woods in 1937. Got busted up in
500000 and for many years couldn't work while healing up. At first he
wasn't expected to live after the accident and then when it was plain he
was going to be around he was told that he'd never be able to walk.
Happy to report he is doing both; living and walking.
These two men have known each other since 420000. Bean said that the
first he remembers of Bud is that he was in downtown Oakville one day
when Bud came up on a motorcycle. He stopped by Bean and said: "Come
on. I'll give you a ride."
Bud says: I must like logging or guess we wouldn't be doing it.
I've changed employment several times. I'd try working in town and it
would be alright for a while and then the first thing I'd know I'd back
in the woods."
M G Logging Company is one of the few outfits of their size I know of
who hire a Forester & Logging Engineer who is N.D. Terry. Bud says of
N.D. Terry: "He does many things other than just timber cruising. He
is a good practical logging engineer. He lays out the settings. He
serves as Bull Buck and knows how to get the highest grade. He lays out
roads, keeps an eye on the logs on the landing and he can do anything.
He keeps going night and day. On top of every thing else he is a hell
of a nice guy."
ECPERTS
An expert is someone called in at the last minute to share the blame,
-- Wisconsin Jnl of Education.
KINDNESS
You can never do a kindness too soon because you never know how soon
it will be too late.
HANSEN FURNITURE and CARPET SALUTES THE HOQUIAM LOGGER PLAYDAY
BISHOP'S GROCERY 356 EMERSON AVE
LEARNING TO SEE OPPORTUNITY IS A DEVELOPED TALENT OF THE SELF
MOTIVATED MAN.
LUCK
Luck is the point in life where preparation and opportunity meet,
--Gary Gariepy.
PROBLEMS - Solutions
It is always easier to write about problems and needs than to effect
their actual solution and accommodation. --Eldon Bowman.
USED EQUIPMENT SPECIALS FOR SALE--SKIDDERS.
S-112 TAYLOR "BIG RED" SKIDDER. 4-53 GM, 23.1 x 26 TIRES, GERAMATIC
WINCH
666 CLARK "RANGE" 4-53 GM, 18.4 x 34 TIRES, GERAMATIC WINCH
FOR SALE-- TRACTORS. HD-15 ALLIS CHALMERS With Blade and Drum TD-18
INTERNATIONAL With Blade and Drum D-4 CATERPILLAR-7J With Blade and Drum
D-7 CATERPILLAR-17A With Blade and Drum D-8 CATERPILLAR-2U With Blade
and Drum
FOR SALE--TOWERS & YARDERS
90-FT. SKOOKUM Trailer Spar, BU-90 Skagit Yarder, 320 Cummins Diesel,
20 Gearmatic & Torque, lines, Talkie-Tooter and rigging.
110 Ft. BERGER Tele-Tower, Flat Bed Trailer, M-2 BERGER Yarder, 320
Cummins Diesel, 20 Gearmatic & Torque.
90 Ft. SKOODUM Trailer Spar, BU-135 Skagit Yarder, 275 Cummins
Diesel, Gearmatic & Torque Converter, all lines and rigging
KEN HARBERG of Manitou Equipment in Seattle who are dealers for
Manitowoc Shovels, in conference with Bud Mitchell. Ken is one of the
most traveled men that I know. He has a wide range of logging friends,
travels up and down the country fast and steady and knows nothing bad
about anybody. This man is well known to hundreds of loggers.
HELP. LOGGERS WORLD NEEDS MORE HELP.
We need men that will work; who are honest and who have confidence
in themselves and in their abilities. We need men who can talk to other
loggers. We are looking for men with a logging background, who are able
to absorb some training. Men who can work with time organization and
self disciplines.
WHY TRAIN FOR A JOB WHEN LOGGERS WORLD TRAINS YOU TO BE THE BOSS?
You will be working for yourself traveling and talking to loggers.
You will be associated with a fine bunch of men, every single one of
them has a logging background and is very successful in his new
business.
For more information just give me a call, Finley Hays (206) 748-8591,
and we'll talk about it.
Remember this is not a job. It is instead one of the finest of
opportunities.
DEL HASTINGS on the left and Avery Gates taking a break in the
undercut of a large economy size spruce tree. That is a Stihl Chain Saw
that is between them.
These two fellows are a couple of men adept at the fine art of
getting trees on the ground and bucking them into logs. The
instructions on this job are to take the emphasis off of getting a lot
of production and put it on saving the timber and bucking for the best
grade of logs.
Actually the tree in the picture above is really two trees. You can
see the division between the two just above the Stihl Chain Saw.
When Bean Grandorff first looked at this picture he said: "This
picture cost the company a pile of money. Two of the cutters are
wasting time laying in the undercut. But the point is that there is a
third time waster around there somewhere because there has got to be
someone taking the picture."
Del just laughed worry he doesn't.
HELP. LOGGERS WORLD NEEDS MORE HELP.
We need men that will work; who are honest and who have confidence
in themselves and in their abililities. We need men who can talk to
other loggers. We are looking for men with a logging background, who
are able to absorb some training. Men who can work with time
organization and self disciplines.
WHY TRAIN FOR A JOB WHEN LOGGERS WORLD TRAINS YOU TO BE THE BOSS?
You will be working for yourself traveling and talking to loggers.
You will be associated with a fine bunch of men, every single one of
them has a logging background and is very successful in his new
business.
For more information just give me a call, Finley Hays (206) 748-8591,
and we'll talk about it.
Remember this is not a job. It is instead one of the finest of
opportunities.
DEL HASTINGS on the left and Avery Gates taking a break in the
undercut of a large economy size spruce tree. That is a Stihl Chain Saw
that is between them.
These two fellows are a couple of men adept at the fine art of
getting trees on the ground and bucking them into logs. The
instructions on this job are to take the emphasis off of getting a lot
of production and put it on saving the timber and bucking for the best
grade of logs.
Actually the tree in the picture above is really two trees. You can
see the division between the two just above the Stihl Chain Saw.
When Bean Grandoff first looked at this picture he said: "This
picture cost the company a pile of money. Two of the cutters are
wasting time laying in the undercut. But the point is that there is a
third time waster around there somewhere because there has got to be
someone taking the picture."
Del just laughed worry he doesn't.
a service fleet, husky enough to handle the biggest needs +++ our
answer for saving "down-time"
Ours is one of the largest service fleets in Western Washington.
Shown is our "giant tire" service truck that specializes in
offf-the-road equipment. For quality new tires, retreads, manpower,
experience and service +++. Early Tire Companu is hard to beat.
UNIROYAL Only Uniroyal makes The rain tire & TIGER PAW
"The Men Who Know Tires Best" enough to handle the biggest needs ++++
our answer for saving "down-time"
Ours is one of the largest service fleets in Western Washington.
Shown is our "giant tire" service truck that specializes in off-the-road
equipment. For quality new tires, retreads, manpower, experience and
service ++++ Early Tire Company is hard to beat.
UNIROYAL only Uniroyal makes The rain tire & TIGER PAW
"The Men Who Know Tires Best"
EARLEY TIRE CO. 1503 W. Wishkah (INDUSTRIAL ROUTE) Aberdeen, Wash.
533-1823
M G LOGGING +++ cont.
TO THE right is a look at "Blackie" Linton who is standing hip deep
in seven different varieties of brush. Blackie is one third of the crew
who fall and buck the trees and who crawl through the brush looking for
and bucking windfalls for M G Logging.
The ground he was working on was some of the very toughest of falling
and bucking layouts. The brush is thick beyond belief. The ground is
broken up, some steep and literally covered with windfalls that have a
couple of feet of junk with brush growing on top of them. Lots of these
cedar windfalls must be half a thousand years old and still have good
logs in them. It is a jungle. Like working in a cellar as far as
getting any sunshine is concerned. Blackie is using a 050 Stihl.
KENNY BROWN helping his dad hooktender for M G Logging. Jack Brown,
set the chokers on a big Spruce butt. (N.D. Terry calls these big logs
"Elepheants"). Alfred Brown, brother to Kenny and son to Jack, runs the
D-8.
This log measured on the big end thirteen feet four inches the wide
way and twelve feet even the narrow way. She was 88 inches through on
the scale end and scaled 6000 feet in a 17 foot long log. They bridled
the log with two chokers and was satisfied to send it in by itself a one
log turn.
ALFRED BROWN, who punches the D-8 Bulldozer, is busy pumping in some
go juice out of a barrel in the back of Bean's pick-up. Alfred has just
finished putting in the road to the next landing, maybe 500 feet away in
the direction you are looking. They were lucky here, knock off two or
three feet of over-burden and there is a solid layer of gravel. Like
finding gold and twice as useful.
Shortly after this picture was taken they moved from this landing to
the next one.
KENNY BROWN helping his dad and booktender for M G Logging, Jack
Brown, set the chokers on a big Spruce butt. (N.D. Terry calls these
big logs "Elephcants"). Alfred Brown, brother to Kenny and son to Jack,
runs the D-8.
This log measured on the big end thirteen feet four inches the wide
way and twelve feet even the narrow way. She was 88 inches through on
the scale end and scaled 6000 feet in a 17 foot long log. They bridled
the log with two chekers and was satisfied to send it in by itself, a
one log turn.
ALFRED BROWN, who punches the D-8 Bulldozer, is busy pumping in some
go juice out of a barrel in the back of Bean's pick-up. Alfred has just
finished putting in the road to the next landing, maybe 500 feet away in
the direction you are looking. They were lucky here, knock off two of
three feet of over burden and there is a solid layer of gravel. Like
finding gold and twice as useful.
Shortly after this picture was taken they moved from this landing to
the next one. They were well below two hours in the moving. Less than
two hours after they yarded the last log on this landing they logged the
first one on the new landing.
FROSTY INN
CHEVRON PRODUCTS GOOD FOOD BEVERAGES DANCING BUD & HELEN RECTOR Also
Sold Here LOGGERS WORLD & WORLD OF LOGGERS Phone 599-8534 Maple Falls,
Wash.
DOUBLE TAPER WEDGE "EASY TO USE - HARD TO LOSE" SEE YOUR FAVORITE
CHAIN SAW DEALER. HE STOCKS DOUBLE TAPER WEDGES IN ALL SIZES
-CRAWLER DRILLS- G.D. AIR TRAC, ATD-3200, RMEH-10 Feed w/PR123J-1, 4
1/3" Drill ........ .
............................................................$9,750.00 .
. G.D. AIR TRAC, ATD-3100, RMH-10 Feed w/PRI123J-1, 4 1/3" Drill
........ .
.............................................................8,250.00 .
. G.D. AIR TRAC, ATD-3000, RMC-12 Feed w/PRI23J, 4 1/3" Drill .5,750.00
. . G.D. AIR TRAC, ATD-3000, RMC-12 Feed w/DH123J, 4 1/3" Drill
.4,750.00 . . G.D. AIR TRAC, ATD-3000, RMC-10 Feed w/DH-99D, 4" Drill
.....3,750.00 . . ...-DISEL AIR COMPRESSORS-
............................................ . 900 CFM, G.D. ROTARY,
S/N 424759 w/GMC 6-110 ..............$10,750.00 . . 600 CFM, G.D.
ROTARY, S/N 410856 w/GMC 671 ..................8,750.00 . . 600 CFM,
I.R. ROTARY MOD. 600AR, S/N 19903 w/GMC 671 ........8,750.00 . . 365
CFM, G.D. ROTARY MOD. RP365DD, S/N 440942 w/GMC .........471 ...... .
.............................................................6,250.00 .
. 365 CFM, WORTHINGTON ROTARY, S/N 6770-147 w/Cummins NCH-4BD
........... .
.............................................................5,750.00 .
. 365 CFM, G.D. ROTARY, MOD. RP365DP, S/N 219621 w/GMC 471
.............. .
.............................................................5,250.00 .
.
PACIFIC AIR TOOL 2903 E. Marginal Way Sa. Ph: (206) 624-5205
Seattle, Wash.
"LUMBERING" ALONG +++ Looking for Cash?
WERSHOW
AUCTION WILL GET IT FOR YOU FAST. OVER 32 YEARS OF EXPERIENCE ADDS
UP TO RESULTS
WE SPECIALIZE IN SAWMILLS, PLYWOOD PLANTS, PLANNING MILLS, LOGGING
SPREADS CONSTRUCTION, INVINTORY, REAL ESTATE
IMMEDIATE TOP DOLLAR IS WAITING FOR YOU IN ONE OF THESE PLANS
1. SELL OUTRIGHT TO (ILLEGIBLE)
2. RETAIN WERSHOW TO (ILLEGIBLE)
3. GET MAXIMUM CASH (ILLEGIBLE)
Milton WERSHOW CO. Auction (ILLEGIBLE) NEIL GRANDORFF (brother of
Bean) at the controls of the 2300 Manltowoc. Neil owns a pair of fine
looking logging trucks, one of which is hauling at this job. When asked
why he wasn't driving one of his own trucks he said that he just never
learned to drive truck.
Bean says that he's got the bulge on Neil now because Neil has got to
protect his own personal job, the haul for his truck and the job of his
truck driver. Lots of responsibility.
ANOTHER ONE By Jim DeSautel
He and his fallin' partner had a strip of big timber that grew in a
kind of a round basin. It was so situated that no buckers could work
while they were falling it out. They fell the whole shootin' match in
one pass around, takin' about a month and a half to do it. Now this
left a hell of a mess to buck and none of the home guard workin' there
would tackle it.
The company sent up to Cray's Harbor and had a "Jack Pot" bucker of
great fame come down to see if he could do any good a makin' logs out of
the tangle. Well, this whiz of Aberdeen showed up and said that he'd
take it on.
He got a spring-board, some plank, a bunch of rope, his axe, saw oil
bottle, can wedges, hammer and wedges and went to the bottom of the
problem. He worked for four months, six days a week. So, one Friday,
he told the push that at 2:30 p.m. the next day, he'd cut the Key log
and the job was done. The Push laid the whole crew off including the
cook, flunkies bull cook and the camp wood splot and the bed maker also
the inkslinger, so they could watch the show. They all congregated up
on the railroad track that went around the canyon. They looked like a
bunch of crows on a long limb.
They heard the Jack-pot Bucker drive in his under-cutter and start
sawing. They heard a pop and up come the genius out of the mess but
nothin' happened, down he went again. Zip, Zip, a few strokes and bang,
the cut broke and up out of there comes the hero, jumping from log to
log and so on and so forth, and out of breath. He sat himself down to
catch his wind.
Slowly at first, and then more rapidly, came the pops, groans, bangs
and booms, as the cuts started to break away. He had figured the cuts
out and had left just enough on each so that they would come apart after
this key log was cut. It was just before dark when the last Russian
coupling busted. They had been breakin' for five hours with a hell of a
roar.
He could tell this a lot better than it is written.
A car and a damned lumber truck killed him though. Not some gullible
listener.
JOHN DEERE "POWER SHIFT" 70 H.P. JD 440A - 105 H.P. JD 540 PH:
249-3851 Montesano Equipment Co. MONTESANO, WASHINGTON
AT THE controls of the BU-BO, is the man with the throttle in his
hand, George Mitchell; Donkey Puncher with a Master's degree. He sends
the rigging back and he pulls the logs in. He does it with grace and
skill and he performs steady in response to the directions of the air
whistle which Kenny Brown blows with his Talkie Tooter transmitter.
George is the son of Bud Mitchell.
STOP. HOW?
A young man from Oklahoma came down here and hired out to "pull
rigging." The first morning the hooktender told him to stop the rigging
when it came back. When the butt rigging came out this young rigging
slinger nailed it, he tackled it like a bull and was drug down through
the brush. He came up with torn and bleeding hide about the time the
hooker got back. The hooker said: "why didn't you stop the rigging."
The new rigging slinger said: "Stop it Hell. Why all the boys in
Oklahoma couldn't stop that S.O.B."
Glenn Wheeler of Happy Camp, California.
For Your Machinery Needs In Logging or Construction Contact:
NORTHWEST ROADS INC. 7739 1ST AVE. SO. SEATTLE, WASHINGTON RO
2-8557 5241 N.E. 82ND PORTLAND, OREGON 252-3441
Above is a picture of Helen Mitchell owner of M G Logging Company.
Of Helen, her husband Bud says: "Helen is a wonderful person. I have
to toot her whistle for her because she won't do it. She thinks she is
an ordinary person but she is a very exceptional person."
Helen is a member of the Quinault Indian Tribe, she is active in
Indian politics. Helen served as the Secretary of the National Congress
of American Indians for four years. This group is the "voice of the
Indian people" Helen knows many of the most famous and influential
people in this country.
Helen is the local Tribal committees and is qualified to buy timber
off the Quinault Reservation from individual owners or from thirty and
more owners of a single piece of ground. Helen is chairman of the
Quinault Land and Forest Committee.
GENERAL NOTES:
The Quinault Indian Reservation is a big big place covering thousands
upon thousands of acres. These acres are mostly covered with timber
ranging from excellent to terrible.
The strange thing about this reservation is that the land is
"allotted". Which means, as I see it, that each member of the tribe,
and other Indians, have their names down as owners of chunks of ground
(usually 80 acres). Back in the yester-years the powers to be decided
that only Indian Reservations suitable for farming should be allotted.
A man couldn't farm one acre out of a thousand of the Quinault
Reservation. Yet allotted it is. Some of these 80 acre pieces have up
to 100 owners.
Basically it is unfair because one 80 acre piece of ground might only
be worth the price of the ground with little or no saleable timber on
it. Another chunk might have 8 million feet of good merch growing on
it.
As I heard tell, the sales of this timber, all of the sales and
individual sales, go through the Bureau of Indian Affairs. They too get
a cut of the pie as the money goes
In 520000 the Crane Creek Unit of 35,000 acres was not under contract
Rayonier, Inc. This contract runs until 860000.
During past years some timber purchasers would buy timber at so much
a thousand and then pay for it as it was removed. Thus the operator
could high grade the timber and leave the job anytime with the
observation that he had taken off all he wanted. What was left would
then only be salvage. Helen usually buys land and timber; pays spot
cash on the latest cruise. She not only pays the highest of stumpage
prices but has forced up the stumpage prices to a realistic figure
compared to stumpage prices in other areas. In addition, she has turned
lands over to the Tribe and has helped the Tribe accumulate and handle
their lands.
The story of the Timber Sales on this reservation is a long and
interesting one. To go into the subject thoroughly would make a book of
absorbing reading. The timber to be sold involves millions of dollars.
As this timber is converted to cash so the logs can be converted to
finished products for the good of more people.
HELP. LOGGERS WORLD NEEDS MORE HELP.
We need men that will work; who are honest and who have confidence
in themselves and in their abilities. We need men who can talk to other
loggers. We are looking for men with a logging back-ground, who are
able to absorb some training. Men who can work with time organization
and self discipline.
WHY TRAIN FOR A JOB WHEN LOGGERS WORLD TRAINS YOU TO BE THE BOSS?
You will be working for yourself traveling and talking to loggers.
You will be associated with a fine bunch of men, every single one of
them has a logging back-ground and is very successful in his new
business.
For more information just give me a call, Finley Hays (206) 748-8591,
and we'll talk about it.
Remember this is not a job. It is instead one of the finest of
opportunities.
Helen is the local Tribal committees and is qualified to buy timber
off the Quinault Reservation from individual owners or from thirty and
more owners of a single piece of ground. Helen is chairman of the
Quinault Land and Forest Committee.
GENERAL NOTES:
The Quinault Indian Reservation is a big big place covering thousands
upon thousands of acres. These acres are mostly covered with timber
ranging from excellent to terrible.
The strange thing about this reservation is that the land is
"allotted". Which means, as I see it, that each member of the tribe,
and other Indians, have their names down as owners of chunks of ground
(usually 80 acres). Back in the yester-years the powers to be decided
that only Indian Reservations suitable for farming should be allotted.
A man couldn't farm one acre out of a thousand of the Quinault
Reservation. Yet allotted it is. Some of these 80 acre pieces have up
to 100 owners.
Basically it is unfair because one 80 acre piece of ground might only
be worth the price of the ground with little or no saleable timber on
it. Another chunk might have 8 million feet of good merch growing on
it.
As I heard tell, the sales of this timber, all of the sales and
individual sales, go through the Bureau of Indian Affairs. They too get
a cut of the pie as the money goes from here to there. It is the
responsibility of the BIA to get the best possible deal for the Indians
and to protect their property and their rights. That is their reason
for being.
On the evening of 000722, a Tuesday it was, I had a very interesting
interview with Helen Mitchell concerning the Quinault Indian Reservation
and such matters.
This is a very impressive and attractive lady that knows her subject
because she has long studied and pondered until she has reached the
expert stage. Every major claim she made, or figures she receipted was
immediately backed up by documentary proof.
Follows excerpts from that conversation:
Hays: "When you hear the term "Tribal Property" I assume this means
property the Tribe as a whole owns. Is that true?"
Helen: "Yes, that is true. Most of the land is allotted though and
not all of the allottees are members of the tribe. This has caused some
serious problems--the fact the land is allotted. The original owners
had large families and passed on. The remaining heirs had families,
scattered throughout the country and some of the heads of these families
have passed on. On some of these lands there can be seventy-five to
one-hundred heirs that must be contacted before that piece of land can
be sold."
Hays: "Do you have to get the signature of each and everyone of the
heirs before the sale can go through?"
Helen: "You must have one-hundred per cent in order to buy land and
all." (Helen then showed me a deed she had with over forty signatures on
it. The people in the deed had addresses all over the Western United
States. It was apparent that it took a great deal of time, effort and
expense to search out and contact all these heirs.)
Bud then explained to me that normally any timber purchaser that got
started on this Indian Timber some years ago was in a good position.
When and if the operator had a mile or more of road into the timber he
was in a position of some control. This was because the man that owned
the road did not have to tell any competing bidder what he, the owner,
would charge the competitor to haul over the road system. Thus, the man
with the road had the wedge and a superior bargaining position.
A short study of the map, showing the road systems and the operators
who were logging in the area tended to bear this statement out. It
seemed that each operator had their area and tended, with few
exceptions, to stay in their area.
As I heard tell, the sales of this timber, all of the sales and
individual sales, go through the Bureau of Indian Affairs. They too get
a cut of the pie as the money goes from here to there. It is the
responsibility of the BIA to get the best possible deal for the Indians
and to protect their property and their rights. That is their reason
for being.
On the evening of 000722, a Tuesday it was, I had a very interesting
interview with Helen Mitchell concerning the Quinault Indian Reservation
and such matters.
This is a very impressive and attractive lady that knows her subject
because she has long studied and pondered until she has reached the
expert stage. Every major claim she made, or figures she receipted was
immediately backed up by documentary proof.
Follows excerpts from that conversation:
Hays: "When you hear the term "Tribal Property" I assume this means
property the Tribe as a whole owns. Is that true?"
Helen: "Yes, that is true. Most of the land is allotted though and
not all of the allottees are members of the tribe. This has caused some
serious problems--the fact the land is allotted. The original owners
had large families and passed on. The remaining heirs had families,
scattered throughout the country and some of the heads of these families
have passed on. On some of these lands there can be seventy-five to
one-hundred heirs that must be contacted before that piece of land can
be sold."
Hays: "Do you have to get the signature of each and everyone of the
heirs before the sale can go through?"
Helen: "You must have one-hundred per cent in order to buy land and
all." (Helen then showed me a deed she had with over forty signatures on
it. The people in the deed had addresses all over the Western United
States. It was apparent that it took a great deal of time, effort and
expense to search out and contact all these heirs.)
Bud then explained to me that normally any timber purchaser that got
started on this Indian Timber some years ago was in a good position.
When and if the operator had a mile or more of road into the timber he
was in a position of some control. This was because the man that owned
the road did not have to tell any competing bidder what he, the owner,
would charge the competitor to haul over the road system. Thus, the man
with the road had the wedge and a superior bargaining position.
A short study of the map, showing the road systems and the operators
who were logging in the area tended to bear this statement out. It
seemed that each operator had their area and tended, with few
exceptions, to stay in their area and not to trespass in other areas or
allow others to trespass into theirs.
Helen is Chairman of the Land and Forest Committee on the
reservation. This committee screens all of the proposed sales of land
and timber, either or both. One thing this committee is attempting to
do is to freeze the sales until an agreement on road useage charges is
reached. This committee wants and is asking for a standardized price
for road useage that will be uniform and the price to be known to each
and every potential timber purchaser.
In 500000 the 30,000 some acres was put under contract to the Aloha
Lumber Company. This is known as the Taholah unit. This contract will
expire in 790000.
Office of the Secretary QUINAULT INDIAN RESERVATION Notice of
Acceptance of Retrocession of Jurisdiction
Pursuant to the authority vested in the Secretary of the Interior by
Executive Order No. 11435 (33 F.R. 17339). I hereby accept, as of 12:01
a.m. e & t of the day following publication of this notice in the
FEDERAL REGISTER, retrocession to the United States of all jurisdiction
exercised by the State of Washington over the Quinault Indian
Reservation, except as provided under Chapter 36, Laws of 630000 (RCW
37.12 010-37.12.060), as offered on 680815, by proclamation of the
Governor of the State of Washington.
Walter J. Hickel
Secretary of the Interior.
690810
(ILLEGIBLE)
(ILLEGIBLE)
DOCUMENTATION (Telephone Call or Personal Visit)
Person(s) called or visited and station: Art Woll
Person(s) calling or visiting and station: Jerry Strauss of
Wilkinson, Cragun & Barker
Date and Time:
1:30 - 2:00 690811
Purpose of Call or Visit information given to J. Strauss:
No. of allotments
Taholah - 416
Crane Creek - 477 (477)
Income CY 66 CY 67 CY 68
Taholah $ .9 $1.5
Crane Creek 1.2 1.8
Total $2.0 $2.1 $3.2
Remaining uncut timber: Taholah 523 MMBM Crane Creek 810 MMBM
Termination dates of contracts: Taholah-790401; Crane Creek-860401
Comments or follow-up action:
DOCUMENTATION (Telephone Call or Personal Visit)
Person(s) called or visited and station: SMCRosby
Person(s) calling or visiting and station: Jerry Strauss of
Wilkinson, Cragun & Barker
Date and Time: 3:30 690811
Purpose of Call or Visit:
Wanted to know the number of allotments on the Taholah & Crane Creek
contracts that are cut each year.
I said we didn't have it readily available, but would get it for
him--and that it probably varies each year.
Asked if we didn't have an average-say for 1966-67-68.
Comments or follow-up action:
I called Portland, talked to Vic Meeker- he will call the agency and
get the information, and call us back in the morning. (NA 8-4400)
I passed that on to Strauss-that we would call him as soon as we got
the word from Portland.
(ILLEGIBLE)
Call from Vic Meeker, Portland, 2:08 p.m. 691208: Allotments on
which there was sawlog or sawtimber activity--not pick up for salvage:
1966 1967 1968 Total
Taholah 123 127 158 408
Crane Creek 112 120 129 360
Queets & other 11 16 18 45 Grand total 814
Information given to J Strauss by phone, 691208 smcrosby
(ILLEGIBLE LINE)
BE BRIEF. Use longhand--one copy only--file in subject file.
When appropriate, have copy made to confirm instructions or
directions given field offices.
Route to appropriate branch or Assistant Area Director before filing
if subject warrants.
HEL-009-2007-2027
HEL-009-2007-2027
BALDWIN, D M DOI BIA PORTLAND
690711
CORRESPONDENCE
NEELY, C R OFC OF REGIONAL SOL
RECEIVED
690000
UNITED STATES GOVERNMENT
Memorandum
TO: Bureau of Indian Affairs (Forestry)
FROM: Office of the Regional Solicitor, Portland
SUBJECT: Liability in Connection with the Raft River Fire, Quinault
Reservation, 670713 to 670717
DATE: 690711
For sometime our office has had under study the determination of
responsibility for the setting or spreading of the Raft River Fire on
the Quinault Reservation. Our efforts heretofore were mainly directed
at the responsibility of the contractors to pay for the felled timber
damaged by the fire on the Taholah and Crane Creek Units. These cases
were successfully resolved in favor of the Indian owners. The final
question remaining is whether the company upon whose land the fire
started is liable either for setting the fire or allowing it to spread.
The only facts supplied to us are those contained in the Preliminary
Report of the State of Washington, which you furnished us on 670823. At
our request, your office conducted an additional investigation from
001030 to 671102, but it was conducted under conditions which were not
conductive to obtaining factual information and, therefore, adds nothing
to the information we already had. The state's report states that the
fire started at approximately 2:30 p.m., 670713, on the Mary Lester
Allotment in the cutting operation of the Esses Brothers Logging Co.
Evidence as to how the fire was started is circumstantial and leads to
at least two possible conclusions. According to workmen questioned, the
fire started about 350 feet from Esses' Landing along the haul back
line. On the last load, the foreman observed the uprooting of a cedar
snag in that location and, approximately 15 minutes later, the fire was
observed and fire suppression procedures were put into effect. Those
who observed what happened conjecture that the fire was caused either by
the friction of the line across the cedar snag or the friction caused by
the last load uprooting the snag. The report ruled out the possibility
of it starting by sparks from machinery since the wind was in the wrong
direction in relationship to the fire and the machinery being used; and
ruled out the possibility of it being started by the workmen since no
men were in that area.
At the time of the fire, the report shows that the wind was from the
northwest, 8 12 miles per hour, and the relative humidity was 45
percent. There had been no logging shutdowns in the area due to
weather. The five tools of the Esses Brothers Logging Co. had been
inspected and approved by the state on the morning before the fire
started. When the fire was detected, one of Esses' crewmen started to
work on a cat, three others started to use a pump truck, and others went
to work with shovels and hoes. The crew made one trip to the fire with
the pump truck, but was unable to continue due to a malfunction of the
pumping apparatus. It has been concluded that by the time the logging
crew got to the fire, which was about 15 minutes after it started, it
was too large to put out with the equipment available. The fire was
also detected by the Clearwater Lookout and reported to the Quinault
headquarters by state personnel at about 2:45 p.m., and shortly
thereafter fire crews and equipment were dispatched.
The fire quickly spread through the slash on the land being logged by
Esses to the slash on trust land under the Taholah and Crane Creek
contracts and then to adjoining lands. The fire was also spread by spot
fires from the main fire. Losses to the Indian landowners and their
logging contractors consisted of suppression costs and damage to
standing timber and to felled timber which had not been haulted out.
All agree that the uncleaned slash was a major cause in the spreading of
the fire.
Following is a brief resume of the law that would be applicable in
determining the liability for setting or allowing a fire to spread.
1. Negligence in Starting a Fire.
The general rule is now well settled that if the person who sets the
fire is negligent either in setting the fire or controlling it, he is
liable for damages sustained when it spreads. No showing of gross
negligence is required, nor is it necessary to establish negligence in
both setting the fire and permitting it to spread. Negligence in either
will suffice, 18 A.L.R.2d 1084 (570000), 24 A.L.R.2d 241 (520000), 2
Willamette L.J. 309 (630000). Ordinary care which is the measure of
diligence required to free oneself from liability, is usually defined as
being that care, caution, and diligence which a prudent and reasonable
man would exercise under the circumstances to prevent damage to others,
24 A.L.R.2d 248. However, the degree of care must be proportionate to
the danger created. The greater the danger to others from failure to
exercise care, the greater is the degree of care required.
The following were held to be acts of negligence under the particular
circumstances before the court; fire starting from sparks jumping from
an abrasive metal-cutting machine to a vat containing paint and paint
thinner, Hermiston v. Hoak, 86 Cal.App.2d 101, 194 P.2d 122 (480000):
fire starting from sparks from a steam tractor which did not have an
adequate device to prevent the escape of sparks, Fay v. Cox, 45 Cal.
App 696, 188 P. 626 (200000); fire starting from a chimney that did not
have a spark arrester, Meier & Lockwood Corp. V. Dakota Livestock & Inv.
Co., 46 S.D. 397, 193 N.W. 138 (230000); and fire starting in a
stubble field from a machine exhaust located only 18 inches from the
ground, Pullian V. Millen, 108 Neb. 332, 187 N.W. 925 (220000).
II. Negligence in Allowing a Fire to Spread.
Liability for a fire to spread has in some cases been predicated upon
the failure of the owner of the property, upon discovering a fire
thereon, to take prompt and reasonable measures to extinguish it and
prevent it from escaping to the property of another, though the act
which caused the fire was not a negligent one, Arnhold v. United States,
284 F.2d 326 (9th Cir.600000).
It has been held that small fires in the forest shortly following
inception can be readily controlled and suppressed by prompt and
thorough action, but that such fires can rapidly spread without active
control and become more dangerous and difficult to control under
conditions of wind, heat, and low humidity. For these reasons ordinary
and reasonable care in the control of forest fire requires urgent speed,
vigorous attack, and great thoroughness in reaching and putting out fire
in the forest, Arnhold v. United States, 166 F.Supp. 373 (W.D. Wash.
580000).
III. Failure to Provide Adequate Equipment.
Negligence can also be based on the failure to provide adequate
apparatus for extinguishing a fire. The means available to extinguish a
fire should be such an ordinary prudent man would use based on the risk
involved, having due regard for the safety of his own property and that
of his neighbors.
The duty to maintain fire-fighting equipment on the site while
cutting timber is controlled by statute in the State of Washington (RGW
76.04.250). However, in all probability, liability would not be imposed
for failure to maintain such equipment on the site unless such failure
was the proximate cause of the spreading of the fire.
IV. Statutory Standards of Conduct.
Although it is doubtful that the duties and obligations imposed by
Washington statutes concerning the management of timber and control of
fire could be enforced upon Indian tribal and (ILLEGIBLE) such statutes
do tend to establish a standard of (ILLEIBLE)
The following are some of the pertinent forest protection provisions
as contained in the Washington code. A person is guilty of a
misdemeanor for wilfully or negligently setting or failing to guard or
extinguish a fire whereby timber on property is damaged (RCW 76.04.220,
76.04.340, and 76.04.395). All snags 25 feet in height and 16 inches or
more in diameter must be cut during current logging operations (RCW
76.04.222-223). Where fire hazards exist or hae been created by logging
or clearing operations, an application can be made for a certificate of
clearance from the Supervisor of Forestry, who will issue the
certificate once the fire hazard has been abated. The certificate once
issued is conclusive evidence of the satisfactory disposition of the
debris and abatement of the fire hazard (RCW 76.04.230). The
fire-fighting equipment that an operator must have on hand during
operations from 000415 to 001015 within one-eight of a mile from any
forest land is set forth in RCW 76.04.250. The type and amount of
equipment required is enumerated under the types of machinery used in
the operation. Every owner of forest lands in the state must provide
during the season of fire danger adequate protection against the spread
of fire thereon or therefrom which shall meet the approval of the State
Forestry Board (RCW 76.04.350).
Inflammable debris created by logging or other forest operations,
which by reason of such conditions is likely to spread fire constitutes
a fire hazard, and the owner thereof and the person responsible for its
existence must abate such hazard (RCW 76.04.370).
Because of the unusual amount of fallen timber on lands "west of a
line one mile west of the eastern boundary of range ten west of the
Willamette Meridian and north of the north boundary line of Grays Harbor
county, "it shall be unlawful for any person, firm, or corporation to do
or commit any act which will expose such forests or timber to the hazard
of fire (RCW 76.04.450). Any fire on forest lands during uncontrolled
and without proper action being taken to control its spread,
notwithstanding its origin, is a public nuisance (RCW 76.04.380). The
owner, operator, or person in possession of such land is required to use
every reasonable effort to control and extinquish the fire upon
receiving written notice from the forest supervisor, or a warden, or a
ranger, to do so. This same section also imposes a duty upon such
owners or operators to fight such fires to the full limit of available
employees and continued with the necessary crews in such numbers as in
the opinion of the forest supervisor is sufficient to bring the fire to
patrol basis.
In a Washington case involving a fire which started in an area where
the snags, 25 feet or more in height, had not been cut as required by
statute, the Supervisor of Forestry testified that by a long-continued
construction the Forestry Department had never deemed it mandatory to
require such snags to be cut before a permit to burn was issued. The
court said that it could not acquiesce in such construction no matter
how long the practice had been followed; and that its requirements were
mandatory both upon the Forestry Department and the owner. Wood &
Iverson v. Northwest Lumber Co., 138 Wash. 203, 244 P. 712 (260000).
However, in a federal court case in Utah involving the breach of a
statutory duty in connection with the starting of a fire, the court said
that whether the violation of a statute or ordinance constitutes
negligence per se depended in large measure on the nature of the law or
ordinance. If the statute lays down a reasonable rule or regulation of
conduct specifically designed for the safety and protection of persons
or property, the violation of it proximately resulting in injury
constitutes negligence per se, Bushnell v. Teulluride, 145 F.2d 950
(10th Cir. 440000).
V. Liability for Unsafe Condition of Premises.
Where an owner allows the premises to remain in an unsafe condition
by allowing inflammable materials such as slash to accumalate thereon,
so that a fire may easily become ignited, the owner is liable for the
damage caused by the fire which begins therein and spreads to the
property of others although he has no connection with the origin, 18
A.L.R.2d 1095. The operation of a sawmill was held liable for allowing
piles of discarded shingles, splintered boards, tar paper, and other
combustible materials to accumulate in which a fire was accidentally
set, Arnell v. Schnitzer, 173 Ore. 179, 144 P.2d 707 (440000). In
another case, an operation was held liable for negligence in setting
fires in slash and permitting the fire to spread when it was dangerous
to do so, failing to cut snags and dead trees required of Remington's
Compiled Statutes Section 5789 (RCW 76.04.222-223), starting the fires
in a manner to permit their spread, and failure to take adequate
precautions to prevent escape of the fire, Conrad v. Cascade Timber Co.,
166 Wash. 369, 7 P.2d 19 (320000).
VI. Contributory Negligence.
The general rule is that contributory negligence can be a defense to
an action for damages for negligently setting or allowing a fire to
spread and that to avoid such defense it must be shown by the plaintiff
that he took the precautions that a reasonably prudent man would have
taken under the circumstances, 24 A.L.R.2d 273. However, it has been
held that contributory negligence in allowing the premises to remain in
an unsafe and inflammable condition was not necessarily a defense to
recovery on a charge of negligence in starting the fire or negligence in
allowing it to spread, Leroy Fibre Co. v. Chicago M. & St. P. Ry., 232
U.S. 340, 58 L.Ed. 631 (140000). This is based on the theory that one's
use of his property should not be limited by the fear of the wrongful
use or actions of his neighbor. He has a right to assume that the other
will obey the law, not violate it, Kleinclaus v. Masin Realty Co., 94
Cal. App.2d 733, 211 P.2d 582 (490000), and Atlas Assur. Co. v. State,
102 Cal.App.2d 789, 229 P.2d 13 (510000). In Washington, it was held
that a defense of contributory negligence was sufficient to prevent
recovery for the loss of household goods due to the spread of fire
negligently set as a result of logging operation where it was shown that
the owner had an opportunity to remove the household goods after the
fire was detected, Stephens v. Mutual Lumber Co., 130 Wash. 1,173 P.
1031 (180000).
No authority was found which deals directly with the question of
whether the failure of the plaintiff to clear slash on his property was
a defense in an action where the only charge of negligence was the
defendant's failure to clear slash. All the cases on contributory
negligence studied were concerned with a charge of negligence for
setting a fire or negligence in allowing it to spread. In discussing
the statutory duty to dispose of slash in Oregon, the article in 2
Willamette L.J. 324, supra, stated:
"However, if the owner was himself in violation of the statutory duty
to dispose of slashing, on other sections placing responsibility on
both, the logger will have a strong contributory negligence argument."
In view of the Washington decision in Stephens v. Mutual Lumber Co.,
supra, we believe it is safe to say that in Washington the failure of
the plaintiff to dispose of slash would bar any action where the only
charge of neligence against the defendant is his failure to dispose of
slash, the fire spreading through the slash at the place of origin to
the slash located on the plaintiff's property.
Applying the law as briefly discussed above to the facts given to us
in connection with the Raft River Fire, we are of the opinion that there
are insufficient facts upon which a suit in negligence for starting the
fire could be based. The manner in which the fire was set is still only
conjecture on the part of those closest to it. At the most,
circumstantial evidence could show that the friction of the haul-back
line or the log it was pulling against a snag caused the latter to
ignite. No one has produced any facts to show that the logging methods
used were different from the operations of an ordinary prudent person
under similar conditions. The weather conditions at the time the fire
started, as described in the state's report, appear to be not so unusual
as to require a logging shutdown.
There have been no specific charges of negligence made that the fire
was allowed to spread after detection. It is true, there was a delay
between the time the last log was hauled in, which evidentally started
the fire, and the detection thereof. However, the time of detection of
the fire by the logging crew coincided very closely with the time of
detection by the forest lookout. We have not been informed of any
standard practices of loggers for patrolling hauling lines for fire
detection and whether these loggers violated that standard. In the
absence of such information, we have to assume that the operator and his
crew were not negligent in their fire detection procedures.
Except for one incident, the facts furnished us do not disclose
negligence in the attempts that were made to extinguish the fire and
halt the spread thereof. The state's report shows that the operator's
fire tools were inspected and approved by the state on the morning prior
to the fire. The report further shows that upon detection of the fire,
the operator's crew started using their equipment to suppress the fire
but by that time it was impossible to do anything with it. The one
incident reported is that the pump truck broke down after the first
load. However, it does not appear that a pump truck was required under
state law as part of the fire-fighting equipment to be kept on hand, or
that the continued use of the pump truck would have had the slightest
effect on the spread of the fire.
From the facts revealed by the investigation, the only charge that
could be made against the operator would be his failure to clear snags
and slash as required by law. Failure to clear snags and slash
according to state statute constitutes a hazard, and, in this case, it
was probably the direct cause of the spread of the fire to the Indians'
land. However, the custom and practice of slash disposal in this area
must be considered. The indications are that neither the Bureau of
Indian Affairs or the State Supervisor of Forestry enforced compliance
with slash-burning requirements, especially in areas where the slash was
allowed to remain as an implementation to forestry.
The custom and practice of not disposing of slash even though the
state law so provides would probably not be material if the fire had
spread directly into and destroyed standing timber on the Indians' land.
However, it has been acknowledged that the fire spread from the
operator's slash to uncleared slash on trust or restricted land.
Therefore, we are of the opinion that if the only charge of negligence
that can be made against the operator is failure to clear slash, it
being assumed that the setting of the fire was accidental, then the
failure of the Bureau of Indian Affairs to keep the cutover trust or
restricted land free of similar material, which thereby allowed the fire
to spread to the Indians' standing and felled timber would constitute
such contributory negligence or intervening cause as to prevent recovery
from the operator. However, if the fire was set or allowed to spread to
the Indians' land because of a specific charge of negligence by the
operator and his crew, then the failure to clear the Indians' land of
slash would not bar recovery.
Since the information given to us fails to indicate any specific acts
of negligence by the operator and his crew in the setting or spreading
of the fire, we have concluded that there are insufficient facts upon
which an action against the operator and his crew could be based. The
report of the State of Washington arrives at a similar conclusion in
stating that "the investigation of the origin of this fire reveals no
negligent act." If you have any additional facts regarding the fire, we
shall be happy to review this matter again, however, until such time, we
are closing our file.
For the Regional Solicitor
C. Richard Neely C. Richard Neely Assistant Regional Solicitor
HEL-009-2028-2035
HEL-009-2028-2035
BIA BR OF FORESTRY
690707
CORRESPONDENCE
ACT AREA DIR DOI BIA PAO
RECEIVED
690711
Forestry
IN REPLY REFER TO 67-1-3-339.4 BCCO-108
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690707
AIRMAIL
Miss Yvonne T. Short and Miss Lois B. Oliver 2128 B N. 130th Seattle,
Washington 98133
Dear Misses Short and Oliver:
Your 000525 inquiry to Mr. Walter J. Hickel, Secretary of the
Interior, concerning your property in the Point Grenville Area in the
Quinault Reservation, was referred to this office for reply.
The land in question, known as Point Grenville Estates, is no longer
held in trust by the Government, having been purchased in 620000 by
Greenacres, Inc. The developer, a Mr. W. W. McKee of the J. W.
Construction Company, has apparently complied with requirements of the
Washington State Department of Natural Resources with regard to land
clearing and slash disposal and he has indicated that many trees will be
planted around the development.
An inspection of the area has been made by personnel of the Western
Washington Agency of the Bureau of Indian Affairs. It is their opinion
that there has been no indiscriminate destruction of natural areas in
the immediate area of the development and that burning of piled slash
resulting from the clearing operations will not endanger buildings and
surrounding timbered areas when done under the supervision of personnel
of the Washington State Department of Natural Resources.
For further information regarding your liability and protection, we
recommend that you contact the Washington State Department of Natural
Resources, Olympia, Washington.
Sincerely yours,
Illegible
Acting Area Director
cc: Commissioner, Attn. Forestry Program (2) w/enclosures
HEL-009-2036-2036
HEL-009-2036-2036
SHORT, Y T
690703
CORRESPONDENCE
AREA DIR DOI BIA PORTLAND
RECEIVED
690707
IN REPLY REFER TO:
Forestry 67-1-3 - 339.4
BCCO-237
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
690703
AIRMAIL
Hon. Julia Butler Hansen House of Representatives Washington, D. C.
20515
Dear Mrs. Hansen:
Your 000529 inquiry to the Commissioner of Indian Affairs on behalf
of Neadames Yvonne T. Short and Lois B. Oliver, owners of property in
the Port Grenville Area in the Quinault Reservation, was referred to
this office for reply.
Enclosed is a copy of a letter dated 690620, from John Benedetto,
Acting Superintendent, Western Washington Agency, accompanied by
photographs of the area in the vicinity of the property of Mesdames
Short and Oliver. This letter was in answer to a request from Senator
Jackson.
The land in question is no longer in trust status, having been
purchased in 620000 by Greenacres, Inc. The developer, a Mr. W. W.
McKee of the J. W. Construction Company, has apparently complied with
requirements of the Washington State Department of Natural Resources
with regard to land clearing and slash disposal and he has indicated
that many trees will be planted around the development.
The enclosed pictures show portions of the development and the
vicinity of the slash fire that occurred on 000522. It is the opinion
of personnel of the Western Washington Agency that there has been no
indiscriminate destruction of natural areas in the immediate area of the
development and that burning of piled slash resulting from the clearing
operations will not endanger buildings and surrounding timbered areas
when done under the supervision of personnel of the Washington State
Department of Natural Resources.
Sincerely yours,
(ILLEGIBLE) Area Director
Enclosures 2
cc: Commissioner, Attn. Forestry Program (2) w/enclosures
HEL-009-2037-2037
HEL-009-2037-2044
HANSEN, J B HOUSE OF REP
690620
CORRESPONDENCE
BENEDETTO, J B BIA W WASH AGENCY
IN REPLY REFER TO:
Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
690620
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
As requested in your letter of 690610, we are furnishing you with
information relative to issues raised in letters from Senator Jackson,
Deputy Assistant Commissioner Corke, Yvonne T. Short and Lois B. Oliver,
pertaining to reported burning of slash and indiscriminate destruction
of natural areas on the Quinault Reservation.
The area in question is located in Lot 1, Section 18, Township 21
North, Range 12 West, Willamette Meridian, Washington, and is along the
highway in the Point Grenville area about 3 to 4 miles south of the
village of Taholah, Washington. This tract of land, which was
originally a trust allotment, was purchased by Greenacres Inc. of
Seattle in 620000 under the Bureau of Indian Affairs Supervised Land
Sale Program. The area was originally logged during the early years of
the 300000's under the Point Grenville Timber Sale Contract. The area
now supports second growth timber.
About 20 acres have been cleared for homesite purposes by Mr. W. W.
McKee of the J & W Construction Company of Seattle. We feel quite
certain that Yvonne T. Short and Lois B. Oliver would have inquired of
the Developer's plans for the area and of the amount of clearing
necessary for home construction. From experience in this immediate
area, we have witnessed severe windthrow of standing trees close to the
Pacific Ocean, particularly during violent winter storms. Certainly
single trees left standing near buildings could inflict considerable
damage to property, and even life, if they were blown down during a
windstorm.
Since the land was alienated, we checked with the State Department of
Natural Resources regarding the clearing of land covered by inflammable
material. We were informed that the law states that any land covered
wholly or in part by inflammable debris created by logging or other
forest operations, land clearing of right-of-way clearing, and which by
reason if such concentration is likely to further the spread of fire and
thereby endanger life or property, shall constitute a fire hazard. The
owner thereof and the person responsible for the existence shall abate
such hazard. Abating the hazard in land clearing is usually done by
piling and burning. This is accomplished when the weather is such that
there is a minimum of risk. Sometimes there is a sudden change in the
weather and a high wind develops and the fire escapes as it did on
690522. The State tries to predict what may happen and controls the
burning when a permit is issued. Mr. A. W. Frischett, the State Fire
Warden who issued a permit on 690515, has had many, many years of
experience with this type of land clearing operation. At the time, the
burning index was 21 and the relative humidity 42, indicating safe
conditions.
Our inspection of the area revealed many trees left standing near the
ocean side of the property and between the property and the highway.
The Developer has no intentions of felling these trees. He stated that
he will plant many trees once the area has been developed and the roads
are in, which will add considerably to the esthetic value of the
property.
Enclosed are nine (9) colored pictures which were taken showing the
cleared area and surrounding standing timber. As a result of our
inspection of the area, we do not believe there has been any
indiscriminate destruction of natural areas in the immediate area of the
development. We also are of the opinion that the burning of piled slash
resulting from the clearing operations which is subject to close
supervision and inspection by State Department of Natural Resources
personnel will not endanger building and surrounding timbered areas.
Sincerely yours,
John B. Benedith
Acting Superintendent
Enclosures
CAPTION FOR PICTURES
1. Stump remaining from snag which was felled to extinguish the fire
burning in the top.
2. The same stump as Picture No. 1, which also shows two young
evergreen trees burned.
3. View of the snag fire location which is to the right of the
burned trees; house in left background is owned by Yvonne Short and
Lois Oliver.
4. Standing on the location of the trash fire and looking southeast
across the clearing toward the location of the snag fire.
5. Looking east into the backyard to where the snag was standing
before being felled.
6. Looking southwest from in front of the house toward the ocean.
7. Looking east from in front of the house toward the main highway
and which is just left of the snag fire.
8. Standing on the location of the trash fire, and looking northwest
across the clearing.
9. Looking northwest from in front of the house towards the ocean,
which is through the trees.
HEL-009-2038-2044
HEL-009-2037-2044
BALDWIN, D M DOI BIA PORTLAND
690620
CORRESPONDENCE
BENEDETTO, J B BIA W WASH AGENCY
IN REPLY REFER TO: Forestry
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
690620
Mr. Dale M. Baldwin
Area Director, Portland, Oregon
Dear Mr. Baldwin:
As requested in your letter of 690610, we are furnishing you with
information relative to issues raised in letters from Senator Jackson,
Deputy Assistant Commissioner Corke, Yvonne T. Short and Lois B. Oliver,
pertaining to reported burning of slash and indiscriminate destruction
of natural areas on the Quinault Reservation.
The area in question is located in Lot 1, Section 18, Township 21
North, Range 12 West, Willamette Meridian, Washington, and is along the
highway in the Point Grenville area about 3-4 miles south of the village
of Taholah, Washington. This tract of land, which was originally a
trust allotment, was purchased by Greenacres Inc. of Seattle in 620000
under the Bureau of Indian Affairs Supervised Land Sale Program. The
area was originally logged during the early years of the 300000 under
the Point Grenville Timber Sale Contract. The area now supports second
growth timber.
About 20 acres have been cleared for homesite purposes by Mr. W. W.
McKee of the J & W Construction Company of Seattle. We feel quite
certain that Yvonne T. Short and Lois B. Oliver would have inquired of
the Developer's plans for the area and of the amount of clearing
necessary for home construction. From experience in this immediate
area, we have witnessed severe windthrow of standing trees close to the
Pacific Ocean, particularly during violent winter storms. Certainly
single trees left standing near buildings could inflict considerable
damage to property, and even life, if they were blown down during a
windstorm.
Since the land was alienated, we checked with the State Department of
Natural Resources regarding the clearing of land covered by inflammable
material. We were informed that the law states that any land covered
wholly or in part by inflammable debris created by logging or other
forest operations, land clearing of right-of-way clearing, and which by
reason if such concentration is likely to further the spread of fire and
thereby endanger life or property, shall constitute a fire hazard. The
owner thereof and the person responsible for the existence shall abate
such hazard. Abating the hazard in land clearing is usually done by
piling and burning. This is accomplished when the weather is such that
there is a minimum of risk. Sometimes there is a sudden change in the
weather and a high wind develops and the fire escapes as it did on
690522. The State tries to predict what may happen and controls the
burning when a permit is issued. Mr. A. W. Frischett, the State Fire
Warden who issued a permit on 690515, has had many, many years of
experience with this type of land clearing operation. At the time, the
burning index was 21 and the relative humidity 42, indicating safe
conditions.
Our inspection of the area revealed many trees left standing near the
ocean side of the property and between the property and the highway.
The Developer has no intentions of felling these trees. He stated that
he will plant many trees once the area has been developed and the roads
are in, which will add considerably to the esthetic value of the
property.
Enclosed are nine (9) colored pictures which were taken showing the
cleared area and surrounding standing timber. As a result of our
inspection of the area, we do not believe there has been any
indiscriminate destruction of natural areas in the immediate area of the
development. We also are of the opinion that the burning of piled slash
resulting from the clearing operations which is subject to close
supervision and inspection by State Department of Natural Resources
personnel will not endanger buildings and surrounding timbered areas.
Sincerely yours,
John B. Beneditto Acting Superintendent
Enclosures
CAPTIONS FOR PICTURES
1. Stump remaining from snag which was felled to extinguish the fire
burning in the top.
2. The same stump as Picture No. 1, which also shows two young
evergreen trees burned.
3. View of the snag fire location which is to the right of the
burned trees; house in left background is owned by Yvonne Short and
Lois Oliver.
4. Standing on the location of the trash fire and looking southeast
across the clearing toward the location of the snag fire.
5. Looking east into the backyard to where the snag was standing
before being felled.
6. Looking southwest from in front of the houses toward the ocean.
7. Looking east from in front of the houses toward the main highway
and which is just left of the snag fire.
8. Standing on the location of the trash fire, and looking northwest
across the clearing.
9. Looking northwest from in front of the houses towards the ocean,
which is through the trees.
HEL-009-2045-2048
HEL-009-2045-2048
BALDWIN, D M DOI BIA PORTLAND
690624
CORRESPONDENCE
NORWOOD, J L DOI BIA
Real Prop. Mgmt. Ten. & Mgmt. BCCO 237
000624
Hon. Julia Butler Hansen House of Representatives Washington, D. C.
20515
Dear Mrs. Hanson:
Thank you for your 000529 inquiry on behalf of Miss Yvonne T. Short
and Miss Lois B. Oliver of Moclips, Washington, concerning their
interest in the prevention of indiscriminate destruction of natural
areas in the Quinault Indian Reservation.
Matters of this kind are administered through our field offices.
Therefore, we are forwarding a copy of your correspondence to Mr. Dale
M. Baldwin, Area Director, Bureau of Indian Affairs, Box 3785, Portland,
Oregon 97208, for direct reply to you.
Sincerely yours,
(Sgd) J. L. Norwood Acting Deputy Commissioner
Enclosure
Copy of constituent's letter
cc:
Area Director, Portland w/cy of incoming for Action. Note: Please
send us a copy of your reply Attention: BCCO 237. If this cannot be
done within 2 weeks, another acknowledgment should be made by your
office, a copy of which should be sent to BCCO.
Surname
Mailroom
Chrony
300 - 354 - BCCO
TRiggs:1br 690616
(P-1, ref 20)
HEL-009-2049-2049
HEL-009-2049-2049
HANSEN, J B HOUSE OF REP
690616
CORRESPONDENCE
HADLEY, K W
Foresty
File 791-67
Real Property Management
690616
Commissioner of Indian Affairs Washington, D. C. 20242
Attention: Real Property Management
Sir:
Enclosed is memorandum from Portland Chief Appraiser Swanson,
subject: Reasonableness of road use fee being charged by private road
owners, Quinault Reservation.
Mr. Swanson's study was made as a result of instructions contained in
the Quinault Task Force Report. This office has not released the
information developed by Mr. Swanson to Western Washington Agency or the
Quinault Tribe pending instructions from your office.
Sincerely yours,
KENNETH W. HADLEY Acting Assistant Area Director
Enclosure
cc:
Don Maynard, Washington, D. C.
We have a copy
(ILLEGIBLE)
Bob Triar saw this on 690625 and feels the PAO Rands will not give a
further response to our letter of 690224.
(ILLEGIBLE)
HEL-009-2050-2050
HEL-009-2050-2050
COMM OF INDIAN AFF DOI BIA REAL PROPERTY MGT
690600
CORRESPONDENCE
NORWOOD, J L DOI BIA
670618
Real Prop. Mgmt. Ten. & Mgmt. ECCO 108
Miss Yvonne T. Short Miss Lois B. Oliver 2128 B N. 130th Seattle,
Washington 98133
Dear Misses Short and Oliver:
Secretary Hickel has asked us to reply to your 000525 communication
concerning indiscriminate destruction of natural areas on the Quinault
Indian Reservation.
Matters of this kind are administered through our field offices.
Therefore, we are forwarding a copy of your correspondence to Mr. Dale
M. Baldwin, Area Director, Bureau of Indian Affairs, Box 3785, Portland,
Oregon 97208, for direct reply to you.
Sincerely yours, (Sgd) J. L. NORWOOD Acting Commissioner
cc: Area Director, Portland (w/cy of incoming for Action) Note:
Please send us a copy of your reply Attention BCCO 108 If this cannot be
done within 2 weeks, another acknowledgement should be made by your
office, a copy of which should be sent to BCCO. LM Surname Mailroom
Chrony 300 354 BCCO TRiggs: lbr 690606 (P 1, ref 20)
HEL-009-2051-2051
HEL-009-2051-2051
SHORT, Y T
690602
CORRESPONDENCE
HANSEN, J HOUSE OF REP
RECEIVED
690602
HOUSE OF REPRESENTATIVES, U.S. WASHINGTON, D.C.
690529
Mr. Robert L. Bennett Commissioner Bureau of Indian Affairs Interior
Building Washington, D.C.
The attached communication is submitted for your consideration, and
to ask that the request made therein be complied with, if possible.
If you will advise me of your action in this matter and have the
letter returned to me with your reply, I will appreciate it.
Very truly yours,
(ILLEGIBLE) Wash. D. C District
RECEIVED
690606
HEL-009-2052-2053
HEL-009-2052-2054
BENNETT, R L DOI BIA
690525
CORRESPONDENCE
SHORT, Y T OLIVER, L B
Box 91 Moclips, Washington 98562
690525
The Honorable Julie Butler Hansen House of Representatives House
Office Building Washington D. C. 20601
Dear Mrs. Hansen:
We are interested in information regarding the control of developers
of land, the burning of slash and indiscriminate destruction of natural
areas on the Quinault Indian Reservation.
We purchased property at Point Grenville in a development in 660000
called Pt. Grenville Estates, W. W. McKee of J & W Construction Company
of Seattle as the developer. At the time of purchase, it was a
delightful natural timor-underbrush area--today it doesn't have one
piece of standing timber or underbrush--looks like a flat field in an
Eastern Washington desert. Isn't there something that can be done to
stop this destruction?
Also last Thursday, 000522, the developer burned slash and burning
debris fell on our neighbours property--burned a beautiful cedar
snag--standing timber--threatened our home and timber areas--What is the
liability--protection for us?
Yours truly, Yvonne T. Short Lois B. Oliver
HEL-009-2054-2054
HEL-009-2052-2054
HANSEN, J B HOUSE OF REP
690527
CORRESPONDENCE
SWANSON, R C BR OF REAL ESTATE
UNITED STATES GOVERNMENT
Memorandum
690527
To: A. W. Galbraith Assistant Area Director (Economic Development)
From: R. C. Swanson Branch of Real Estate Appraisal
SUBJECT: Reasonableness of road use fee being charged by private
road owners, Quinault Reservation
The charge or toll being made for use of private roads on the
Quinault Reservation is quite apparently of some variation. There are
three main road systems owned by different parties and the charge for
road use has not been a matter of published or stated policy on the part
of any one of the owners. It is understandable that each road owner may
differ in his charge for road use. Factors affecting his decision for
the toll fee may well be: (1) cost of road construction; (2)
maintenance costs; (3) danger of fire to his property by logging
operators over which he would have no control, and (4) reluctance to
permit other operators into area in which he has pioneered a road
system.
Although there have been rumored to be great variations in the road
use fee (toll), it is difficult to find any concrete evidence of these
various rumored charges. The best evidence of the toll being charged
can be found in agreements worked up between the road owners and Indian
landowners by the Branch of Forestry for lands which are to be put up
for timber sale. Several agreements made in 670000 are thought
pertinent and indicative of the toll being charged. These toll charges
figure at 50[ per mile per thousand board foot scale of timber hauled.
The 50[ figure is one which apparently is mentioned most frequently in
discussions regarding road use toll, and represents to the road owner
provision for amortization and maintenance.
The State of Washington, Department of Natural Resources, has had
considerable experience in working out agreements with private
landowners for road access. The State, in cooperation with the Forest
Industry, has developed a formula for determining road use toll. The
Department of Natural Resources stated that numerous agreements are
worked out yearly in which the State either pays a road use fee for
using private roads, or receives a toll for use of their roads. These
agreements are based on the formula. The formula used is 3/4-cent per
thousand dollars replacement value of facility per mile per thousand
board feet. Maintenance costs are in addition. Thus, the State's
formula would suggest that for a road having a replacement cost of
$20,000 per mile, (quoted as an average cost of Quinault road), the use
fee would be 15 cents per mile per thousand plus maintenance.
Maintenance costs vary widely with type of road, and for roads
comparable to Quinault situation, are 10 to 12 cents per mile per
thousand. Thus, it would appear that the State of Washington,
cooperating with the Forest Industry, is doing business on a road use
fee toll of 25 to 27 cents per mile per thousand, where roads used are
similar to the Quinault situation.
Contact was also made with the Oregon State Bureau of Land Management
Office in Portland, Oregon. The Bureau of Land Management constantly
has the problem of road use agreements and has gone to considerable
effort to work out agreements satisfactory to all parties. Basically,
they determine replacement cost of road to be used, and then, based on
BLM forest inventory maps, determine the total board feet of timber that
will probably be served in total by this road. Allowing 3 percent
interest rate in amortization, the replacement cost divided by total
timber volume results in the road use fee per thousand board feet. To
this is added the actual cost of maintenance which is pro-rated to each
user of the road according to timber hauled. They stated that
maintenance varies but that 13 cents per mile per thousand is good
figure for situations similar to Quinault. In the BLM formula it can be
seen that an attempt, at least, is made to pro-rate road cost (with
interest) to the logs removed, and the use fee would be dependent on
total timber in road drainage area as well as on cost of road
construction.
Both sources noted above made the comment that road use costs are
subject to "what the market will bear", particularly in instances where
there are only occasional users.
As to the reasonableness of the toll fee of 50 cents per mile per
thousand board feet for use of the Quinault private roads, it would
appear that this charge is approximately double that which the State of
Washington has been successful in negotiating. But in comparison, it is
only fair to cite that the State of Washington is most often dealing
with Industry which has State roads to use as well as the State using
their roads. Thus, there is an element of more cooperative impulsion by
each party.
The evidence cited by Bureau of Land Management is of little
assistance in dealing the reasonableness of road use fees charged at
Quinault.
It would appear that the road use fee of 50 cents per mile per
thousand board feet charged by private road owners is above that which
is normal in the Industry, but cannot be considered as being
unreasonable. The use of a road by outside parties causes problems
which are not merely related to amortization of road cost and
maintenance. There is the potential of increased fire hazard to private
land through which the road runs. There is also the danger of increased
equipment damage to the private owner brought about by unscheduled and
infrequent use of road by outsiders. The private road owner using the
road for his own logging losses control of the road when allowing others
to use it on a fee basis.
Richard C. Swanson
Richard C. Swanson Area Chief Appraiser
HEL-009-2055-2056
HEL-009-2055-2056
GALBRAITH, A W ECONOMIC DVLP
690525
CORRESPONDENCE
OLIVER, L B SHORT, Y T
RECEIVED
690528
2128 B N. 130th Seattle, Washington 98133 690525
INTERIOR DEPT.
690529
ASSISTANT SECRETARY P.L.M.
Walter J. Hickel Department of Interior C. Street Washington D. C.
20201
Dear Sir:
We are interested in information regarding the control of developers
of land, the burning of slash and indiscriminate destruction of natural
areas on the Quinault Indian Reservation.
We purchased property at Point Grenville in a development in 660000
called Pt. Grenville Estates, W. W. McKee of J & W Construction Company
of Seattle as the developer. At the time of purchase, it was a
delightful natural timber-underbrush area, today it doesn't have one
piece of standing timber or underbrush, looks like a flat field in
Eastern Washington desert. Isn't there anything that can be done to
stop this destruction?
Also last Thursday, 000522, the developer burned slash on a very dry
day and burning debris fell on our neighbors property-burned a beautiful
cedar snag, standing timber, threatened our house and timber area; What
is the liability, protection for us?
Yours truly,
Yvonne T. Short
Louis B. Oliver
HEL-009-2057-2057
HEL-0096-2057-2057
HICKEL, W J DOI BIA
CORRESPONDENCE
WOLL File 791-67
Mrs. Zelma Barrow This oper.
680401
G. M. Felshaw Superintendent
John F. Gordon Assistant Superintendent
Agreement of 680329
I am attaching a copy of the Agreement of 680329 which was given to
me at the Annual Meeting of the Quinault Tribe.
As per your suggestion, I am sending a copy directly to the Area
Office for their perusal.
Sgd. John F. Gordon Assistant Superintendent
cc: PAO - Forestry
AGREEMENT OF 680329
1. We, the undersigned persons, who now are, or were, or whose
predecessors in interest were, owners of trust land on the Quinault
Indian Reservation (herein we shall be called the "Allottees"), on our
own behalf and on behalf of all other present or former owners of trust
land on the Quinault Reservation, do hereby exclusively retain the law
firm of Wilkinson, Cragun & Barker of Washington, D. C. (herein called
the "Attorneys") to investigate and prosecute all valid claims against
the United States and other parties arising from the management and sale
of all lands and timber, and management of funds, hold in trust by the
United States for the benefit of the Allottees.
2. The claims contemplated under this Agreement include, but are not
limited to, claims leading to money awards, such as claims for
accounting, or for refund of part of all of the 10% charges on stumpage
sales, or for damages arising from unauthorized or improvident
practices, decisions and actions by officials of the United States,
especially in the setting of stumpage prices under the various timber
cutting contracts. The claims contemplated also include attorney
services not giving rise to money awards, such as services loading to
injunctive relief, or to renogotiation, amendment or invalidation of the
current timber cutting contracts, or to changes, prospective only, in
the practices or 10% collections by government officials.
3. The Allottees shall each year elect seven members to be an
Allottee Clams Committee, and the Committee may represent and speak for
all of the Allottees in matters relating to the investigation and
prosecution of the claims under this Agreement, except as to a
fundamental question which is defined as settlement of any of the claims
by compromise, or renegotiation of the timber cutting contracts, or
major changes in this Agreement. The Allottees shall meet annually
immediately following the annual meeting of the Quinault Tribe, or on
call of the Claims Committee. Notice of the time, place and subject of
special meetings, and of annual meetings where it is believed that a
fundamental question will be discussed, shall be sent by mail to all of
the undersigned Allottees. A quorum shall be 25 Allottees, but if less
than 50% of the undersigned Allottees appear in person or by proxy, no
fundamental question shall be finally decided until approved by
referandum. A referandum shall consist of a mailing to all of the
undersigned Allottees at their last known address, a fair description of
the question, a ballot, and a request for return of the ballot. The
ballots returned to the Claims Committee within 30 days, no matter how
few, shall finally determine the question. The undersigned Allottees
agree to be bound by the decision of the Claims Committee on
non-fundamental questions, and by the decision of the Allottees, reached
at a meeting attended by at least 50% of the undersigned Allottees,
otherwise by referendum, on fundamental questions. Vacancies on the
Committee occurring between meeting may be filled by the remaining
members.
4. (a) The Allottees agree to pay the Attorneys a retainer fee of
$10,000, in advance, to be applied to legal expenses, including fees of
consultants (other than attorneys) and an additional $10,000 at such
time as the original $10,000 is exhausted (but not sooner than one
year), to be likewise applied; provided, that at the termination of
this Agreement, or the conclusion of all of the claims, if there is any
surplus over and above legal expenses (there is not expected to be any
surplus), it shall be deemed to be fees fully earned by the Attorneys
and not refundable. The Attorneys shall furnish an annual accounting of
expenses incurred under this paragraph.
(b) Whenever expenses exceed the retainers paid to the Attorneys
under the previous paragraph, the Allottees agree to promptly reimburse
the Attorneys for such surplus expenses incurred by them, upon proof of
incurral.
(c) In addition to the foregoing, each Allottee agrees to pay the
Attorneys a quantum meruit fee, which is hereby agreed to be 20% of any
proceeds (including interest) recovered by the Allottee through the
efforts of the Attorneys, whether by class action, test case,
settlement, or otherwise.
(d) It is understood that the Attorneys may in their discretion ask
the court to award a quantum moruit fee (i.e. a fair and reasonable
fee), and to assess such fee pro rate against all Allottees benefitting
from the Attorneys' efforts, including those not signing this Agreement.
In the event the court grants the Attorneys' request, the 20% fee
agreed upon herein shall not apply, and the fee awarded by the court
(not to exceed 20%) will govern. It is understood and agreed that if
the Attorneys seek a quantum meruit fee under this paragraph, they will
ask the court to hold that a 20% fee is fair and reasonable, and if the
court so finds, there would be no reduction in the 20% fee agreed to by
each Allottee signatory hereto, even though a greater number of
Allottees would be paying the said 20% fee.
(e) When and if any such proceeds become due to any Allottee, said
proceeds shall be paid to or through the Superintendent of the Western
Washington Indian Agency, and upon receipt of such proceeds, the
Superintendent shall deduct therefrom the Attorney fee provided for
under this Agreement, or the fee awarded by the court, whichever shall
apply, together with a pro rata share of any unreimbursed expenses (see
paragraph (b) above), and pay the same to the Attorneys, and credit the
balance of the refund to the account of the Allottee.
(f) The foregoing does not cover the Attorneys' compensation for
services benefitting the Allottees but not giving rise to money awards
(see paragraph 2 above). Compensation for such non-money-award services
shall be at the Attorneys' standard time rates in effect from time to
time, unless some other basis is agreed to by the Attorneys and the
Allottees.
5. The Attorneys shall have the authority to choose the method of
proceeding, whether by class action, test case, series of cases or
otherwise, and to associate other Attorneys (at no additional cost to
the Allottees). The Attorneys shall have the authority to determine the
order in which the claims shall be presented, and to disregard claims
which provo to lack merit.
6. The Allottees hereby request the Secretary of the Interior to
approve paragraph 4(c) of this Agreement, and such other parts of this
Agreement, including the whole, as may in his opinion require his
approval in order that this Agreement may comply with law. The
Allottees hereby consent in advance to any changes or conditions in this
Agreement made by the Secretary of the Interior which do not materially
increase the obligations of the Allottees.
7. This Agreement shall not be binding on either party until the
Secretary of the Interior has approved paragraph 4 (e) and such other
parts of this Agreement as may require his approval in accordance with
paragraph 6 above. When such approval has been granted, this contract
shall become effective as of 680329, and shall remain in force until
730331. or until the claims contemplated by this Agreement have been
concluded, whichever date shall sooner occur; provided, that if the
claims have not then been concluded, this Agreement may be extended by
the Claims Committee at the request of the Attorneys for additional
two-year periods.
8. The Allottees or the Attorneys may terminate this Agreement at
any time on 60 days notice (this being a fundamental decision for the
Allottees under paragraph 3 above); provided, that the Attorneys shall
retain any rights to compensation theretofore earned or unreimbursed
expenses incurred under this Agreement; and provided further, that if
the Attorneys terminate the Agreement, they shall refund to the
Allottees any unexpended part of the retainer received by them.
Approved this 680329.
For the Attorneys: Wilkinson, Cragun & Barker
For the Allottees:
ENDORSEMENT BY INDIVIDUAL ALLOTTEES
I hereby endorse and join the foregoing Agreement of 680329, between
the Allottees of the Quinault Reservation and the law firm of Wilkinson,
Cragun and Barker, and bind myself, as an allottee, to the terms and
conditions hereof.
Signed Name
Printed Name
Date
Allottment No.
My interest therein %
Township Section Lot
Name of original Allottee
How acquired by me: (original allotment) (inheritance) (purchase)
(other)
No. of acres
When timber cut
My mailing address:
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 Record Unit.
330
RECEIVED 600231
DEPARTMENT of the INTERIOR BUREAU OF INDIAN AFFAIRS
SUPPLEMENTAL REPORT, 540000, NO. R27-la FORM NO. 5-490
AGENCY ANNUAL REPORT BRANCH OF FORESTRY
CALENDAR YEAR 590000
WESTERN WASHINGTON
Reservations:-
1. Chehalis
2. Hoh
3. Lummi
4. Makah
5. Muckleshoot
6. Nisqually
7. Ozette
8. Port Gamble
9. Port Madison
10. Quileute
11. Quinault
12. Skokomish
13. Shoalwater
14. Squaxin Island
15. Swinomish
16. Tulalip
17. Public Domain Allotments
Prepared by
Vernon S. Halbert, Forestry Aid (Gen.)
Onnie E. Paakkonen, Forester
Theo, Lozeau Forestry Aid
Approved by John W. Libby Forest Manager
INSTRUCTIONS AGENCY ANNUAL REPORT BRANCH OF FORESTRY
Do not show fractions of acres - less than thousand board feet - or
cents, except where cents are specifically required.
GENERAL
All copies of this report are due in TRIPLICATE on or before 000115,
in the office of the Area Director. The original of the report is due
in the Central Office on or before 000201. The report should be
approved by the officer in charge of the agency or his duly authorized
representative.
All data shown should be accurate and in accord with other reports,
covering the same information, submitted by the agency.
One report only should be submitted for reservations with coded and
diminished lands. Separate reports shall be prepared for Public Domain
allotments and government-owned lands outside of the reservation
boundary under the jurisdiction of the Indian Service. All tables are
to be broken down by States. Summary sheets shall be made for
reservations lying in more than one State, and for the Agency when more
than one reservation is under the jurisdiction thereof. All pages of
statistical tables of the same number shall be grouped and arranged
alphabetically by States and by reservation in each case.
If a form is not applicable, that fact shall be indicated. The
words, "not applicable" should not be confused with "none"; if the data
are not available, an estimate shall be made and so indicated.
MAPS
All maps should have a title, show the year, legend, initials of
person preparing map, and show the date the map was prepared. In
folding, use the standard bellows fold, with title exposdd in lower
right hand corner, as described in Plate II, Symbols and Instructions
For Maps and Plans, U. S. Department of the Interior, 410000.
MAPS REQUIRED: Timber Sale Unit Map: Show timber sale units, both
completed and active, cut-over and uncut areas, and should show area cut
over during the calendar year.
Fire Map Show location of fires occuring during calendar year,
Indicate class of each fire, using appropriate legend symbol.
PAGE 1. SUMMARY OF ALL TIMBER CUT
(Show all volumes to nearest thousand feet B.M. and value to nearest
dollar in Tables A, B, C, & D: Show stumpage rates in Table E to
nearest cent).
Table A. is the total of Table B, C, & D.
Table B. is the total of Page 2 and Table A of Page 4.
Table C. is the total of Tables B & C of Page 4.
Table D. columns 4 through 9 are to be complied from Agency Records.
Table E. Average Stumpage Rates Obtain by dividing Col. 3 by Col. 2
of preceding tables; show rates to the nearest cent.
PAGE 3. TIMBER CUT UNDER CONTRACT - BY SPECIES
Totals shown in columns 1 and 2 should equal totals shown on page 2,
columns 3 & 4. Average Rate per M, column 3, total, should equal page
1, Table E, line b.
PAGE 3. TIMBER CUT OTHER THAN UNDER CONTRACT
Table D. Kind and Amount of Products Shown in Above Tables Show
stumpage rates on basis of forest products listed. (Do not convert to
M.B.M.)
PAGE 5. ANNUAL FIRE REPORT
Table A. Area in Acres Requiring Protection Total area A, a, should
equal A, g.
Total area A, b, should equal A, h.
Total area A, c, should equal A, i.
Table B. Number and Class of Fires by Cause (To nearest acre) Report
fires according to land status on basis of origin. Area burned by class
should equal area burned by cause, and damage by cause should equal
damage by type, page 6.
Table B, 2, j, should equal Table C, 2, a; and Table D, 2, a, Page
6.
Table B, 3, j, should equal Table C, 3, a; and Table D, 3, a, Page 6
Table C. Area Burned and Damage by Cause (To nearest acre and
dollar) Damages reported in this table and Table D, page 6, should
correspond to damage as appraised in accordance with Section VIII of the
Handbook of Fire Control.
Area burned and damaged by cause should equal area burned and damaged
by type, Table D, Page 6.
PAGE 6. ANNUAL FIRE REPORT (continued)
Table D. Area Burned and Damage by Type (to nearest acre and dollar)
Area turned and damaged by type should be the same as shown in Table C,
Page 5.
Definitions: Forest - Commercial, recreational, scenic, and esthetic
forests, reporduction, reverting or potential forest lands, woodlots.
Brush land - Shrub vegetation and stands of tree species, such as
burr oak, that do not produce merchantable timber Grass land -
Predominately grass vegetation
Other land - Cultivated land, etc., not classified as forest, brush,
or grass lands, requiring protection
Table E. Expenditures For Fire Suppression Only (Do not include
presuppression and show to nearest dollar)
Table F. Number of Fires. Area Burned, and Damage to Forest Lands,
Only: This table is designed to provide information necessary for the
Clarke-McNary Annual Fire Report. For the purpose of this table "Forest
Land" is defined as all classes of forest lands, whether timbered or
potential timber producing, cutover, or burned, and the woodland types
which are applicable to the West. Woodland types consist of small trees
whose dominant genera are junipers, pines, and/or oaks. Only those
fires which occur on lands under the above definition should be included
in this table fires occuring on non-forest watershed, open grazing lands
or other lands should not be included in this table unless they also
burned on or endangered forest lands as above defined.
Sub-Section "A" of Table F.
Forest Lands-Commercial, recreational, scenic and esthetic forests,
reproduction, reverting or potential forest lands, woodlots, or in the
West, woodland types.
Other Lands-Brush, grass, marsh, tendra, grain fields, chaparral,
meadows, and such similar non-timbered areas which were burned by fires
which occured on forest lands. Do not include acreage burned by fires
which occured on or endangered forest lands.
Total area burned shown in subsection "B" and sub-section "C" should
agree as follows:
Sub-section B Sub-section C Col. 3, Line a. ........Equals
........Col. 1 plus Col. 2, Line d. .... . Col. 3 Line b.
.........Equals ........Col. 1 plus Col. 2, Line e. .... . Col. 3, Line
c. ........Equals ........Col. 1 plus Col. 2, Line f. .... . Number of
fires shown in sub-section "D" and sub-section "E" should ... . agree
as follows: ..................................................... .
...Sub-section D ................................Sub-section E ........
. Col. 3, Line d. ........Equals ........Col. 1, plus Col. 2, Line g.
... . Col. 3, Line e. ........Equals .........Col. 1, Line g.
............... . Col. 3, Line f. ........Equals ........Col. 2, Line
g. ................ .
PAGE 7. FOREST IMPROVEMENTS Show total amount in columns 5, 6, and
7, line a.
PAGE 8. NON-EXPENDABLE FOREST AND RANGE FIRE CONTROL PROPERTY
List all cars, trucks, and tractors used by the Branch of Forestry,
or other Branch responsible for fire control, and all non-expandable
property used primarily for forest and range fire control.
Table not keyed, see original
THE FOLLOWING PAGES ARE NOT SUBMITTED BECAUSE THERE WAS NO REPORTABLE
ACTIVITY DURING THE CALENDAR YEAR 1959:
RESERVATION PAGE NO.
1. Chehalis 2,3,6,7
2. Hoh 1,2,3,4,6,7
3. Lummi 2,3,7
4. Makah 1,3,4
5. Muckleshoot 2,3,6,7
6. Nisqually 1,2,3,4,6,7
7. Ozette 1,2,3,4,6,7
8. Port Gamble 1,2,3,4,6,7
9. Port Madison 2,3,7
10. Quileute 1,2,3,4,7
11. Quinault
12. Skokomish 1,2,3,4,7
13. Shoalwater 1,2,3,4,6,7
14. Squaxin Island 1,2,3,4,6,7
15. Swinomish 7
16. Tulalip 3,6,7
17. Public Domain Allots. 6,7
SUMMARY OF ALL TIMBER CUT
Table not keyed, see original
Summary of All Reservation Western Washington Agency Washington State
SUMMARY OF ALL TIMBER CUT
Table not keyed, see original
QUINAULT Reservation WESTERN WASHINGTON Agency WASHINGTON State
TIMBER CUT UNDER CONTRACT - BY UNITS
Table not keyed, see original
SUMMARY OF ALL Reservation Western Washington Agency Washington State
TIMBER CUT UNDER CONTRACT - BY UNITS
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
TIMBER CUT UNDER CONTRACT - BY SPECIES
Table not keyed, see original
SUMMARY OF ALL Reservation WESTERN WASHINGTON Agency WASHINGTON State
TIMBER CUT UNDER CONTRACT - BY SPECIES
Table not keyed, see original
QUINAULT Reservation Western Washington Agency Washington State
TIMBER CUT OTHER THAN UNDER CONTRACT
Table not keyed, see original
SUMMARY OF ALL Reservation WESTERN WASHINGTON Agency WASHINGTON State
TIMBER CUT OTHER THAN UNDER CONTRACT
Table not keyed, see original
QUINAULT Reservation WESTERN WASHINGTON Agency WASHINGTON State
ANNUAL FIRE REPORT.
Table not keyed, see original
SUMMARY OF ALL Reservation WESTERN WASHINGTON Agency WASHINGTON State
ANNUAL FIRE REPORT.
Table not keyed, see original
QUINAULT Reservation Western Wash. Agency Washington State
FOREST IMPROVEMENTS
Table not keyed, see original
Summary of All Reservation Western Washington Agency Washington State
FOREST IMPROVEMENTS
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
CRA. CREEK LOGGING UNIT QUINAULT INDIAN RESERVATION WASHINGTON
520000
Map not keyed, see original
5-349d
590200
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no paper to be added to or taken from this file, except by
an employee of the Communications and Records Unit. 310
RECEIVED
610131
DEPARTMENT of the INTERIOR BUREAU of INDIAN AFFAIRS
REPORT 55 - 20F
FORM NO. 5 - 490
AGENCY ANNUAL REPORT BRANCH OF LAND OPERATIONS RANGE & WILDLIFE
MANAGEMENT
CALENDAR YEAR 600000
Agency Western Washington
RESERVATION:
Chehalis
Hoh
Elwa
Lummi
Makah
Muckleshoot
Nisqually
Ozette
Port Gamble
Port Madison
Puyallup
Quileute
Quinault
Shoalwater
Skokomish
Squaxon Island
Swinomish
Tulalip
Prepared by John Vaninetti Real Property Officer
Approved by M L Schwartz Acting Superintendent
RECREATION RESOURCES
Table not keyed, see original
Summary Reservation Western Washington Agency Washington State
RECREATION RESOURCES
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
RECREATION RESOURCES (CONTINUED)
Table not keyed, see original
INSTRUCTIONS: Recreation resources will be reported for Indian trust
lands only, with exception of Tables E and I. See specific instructions
for each table. This report is to indicate what the present and
potential capacities of the Indian lands are, especially in the concept
of what the trend indicates of public demand for recreation.
TABLE A - Purpose is to designate areas of use. Lines a through f,
colums 1 and 2, reflect areas suitable to fish. Lines j through 1
reflect areas in parks (example Navajo Monument Valley Park) or other
areas set aside for special use on the research. Column 2 indicates
estimate of potential ponds, lakes or parks that could be developed.
Column 3 - Fish or game are present regardless if through natural or
artificial means. Column 4 - Capable of supporting fish or game,
however, presently barren of fish or game, Column 5 is total of columns
3 and 4. Column 6 reflects restriction of use of ponds, lakes, streams,
etc. If streams, etc., are restricted to Indian use only, insert work
"Indian" on appropriate line; if no restrictions are applicable (used
by Indian and non-Indian, with or without permit), insert word "None."
If certain areas are restricted for Indian use make estimate of total in
percent, for example, 50% Indian. Lines a, d, g and j - "accessible"
means area, stream, etc., is within two miles of road accessible to a
rear wheel drive vehicle, Streams and lakes which can be reached at some
point by vehicle and then by boat, those parts of streams or lake more
than two miles from that point can be reached, the entire lake or stream
will be considered accessible. A stream ten miles in length, the mouth
of which stream can be reached by vehicle would be recorded as
wilderness; however, if a vehicle could reach a stream at three points,
two miles apart, it would be considered accessible. Intent of work
"accessible" is to define streams or areas within relatively short
walking distance from the vehicle.
TABLE B - Purpose is to show number of facilities. Column 1 includes
all areas now developed. Column 2 indicates areas that are under
consideration for development within the next five years. Column 3
potential, even though development may be twenty years or more hence.
Columns 5 and 6 show number of people that can or may be accomodated.
Line 6 includes skiing, ice skating, tobegganing. Lines a, b, c, - Must
have water and sanitary facilities. Picnic areas should include tables.
TABLE C - Reflects income to tribe from sources shown. Line p should
include gas stations, skiing facilities, sporting goods stores, etc.,
which are primarily of service to recreation users. A gas station at an
agency which incidentially services recreation users should not be
included. Income shown in Column 5 should not include wages, salaries,
etc. These are to be reported in estimated value, Table D. The intent
of this table is to show receipts to the tribes for use of recreational
facilities whereas Table D reflects value to individuals. Line n -
number of units in motel, lodge, etc. shown in line m, for example, one
motel has 15 units. TABLE D - This table reflect income to individual
Indian from employment at recreational facilities. Line a is estimate
received from wages, salaries of Indian employees at gas stations,
lodges, cafes, as guides, etc. Line b is estimate received in wages and
salaries by Indians employed asgame wardens or similar regulatory
positions. Do not include wages or salaries from gratuity funds. Do
not include in Table wages or salaries from commercial income eported in
Table a.
TABLE E - Report receipts from sale of times listed obtained from
within Indian trust lands or "Treaty Rights". Example Red Lake
fisheries is commercial operation, likewise sale of salmon obtained by
Indians in Northwest from" usual and accustomed" places on the Columbia
River although not within the reservation. Do not include Indians, for
example, fishing in lake Superior for commercial sale unless it is a
right given them by treaty.
TABLE F - Column 4 should indicate take of fish from those planted on
basis of put and take. If it is desired to show take from natural
stocked waters record number in space to right of Column 1.
TABLE II - Lines a, b, and c - Man day equals eight hours spent by
sportsman. Lines d through 1 are estimated number of people attending
or using. Line i - Tribal ceremonials include tribal dances or
celebrations that may be considred as recreation. Visitations shown to
be non-Indians only.
TABLE I - This table reflects Indian use of fish and game for home
consumption. It includes fish and game obtained from treaty rights. Do
not include fish and game obtained by Indians who purchase from state
(duck stamps exempted) to hunt or fish off the reservation.
TABLE J - This table is estimate of total funds for recreational
development. It should not include any expenditures included in tables
C or D. Column 2 - Show expenditures for contracts or individuals hired
to make plans, progress, estimates, etc., for tribal recreation
purposes. Include salaries and expenses for BIA only.
Summary Reservation Western Washington Agency Wshington State.
RECREATION SOURCES (CONTINUED)
"Table not Keyed, See Original"
INSTRUCTIONS: Recreation sources will be reported for Indian trust
lands only, with exception of tables E and I. See specific instructions
for each table. This report is to indicate what the present and
potential capacities of the Indian lands are, especially in the concept
of what the trend indicates of public demand for recreation.
TABLE A - Purpose is to designate areas of use. Lines a through f,
cloumns 1 and 2, reflect areas suitable to fish. Lines j through l
reflect areas in parks (example Navajo Monument Valley Park) or other
areas set aside for special use on the reservation. Column 2 indicates
estimate of potential ponds, lakes or parks that could be developed.
Column 3 - Fish or game are present regardless if through natural or
artificial means. Column 4 - Capable of supporting fish or game,
however, presently barren of fish or game. Column 5 is total of columns
3 and 4. column 6 reflects restriction of use of ponds, lakes, streams,
etc. If streams, etc., are restricted to Indian use only, insert work
"Indian" on appropriate line: if no restrictions are applicable (used
by Indian and non-Indian, with or without permit), insert word "None."
If certain areas are restricted for Indian use make estimate of total in
percent, for example, 50% Indian. Lines a, d, g and j - "accessible"
means area, stream, etc., is within two miles of road accessible to a
rear wheel drive vehicle. Streams and lakes which can be reached at
some point by vehicle and then by boat, those parts of stream or lake
more than two miles from that point can be reached, the entire lake or
streams will be considered accessible. A stream ten miles in length,
the mouth of which stream can be reached by vehicle would be recorded as
wilderness; however, if a vehicle could reach a stream at three points,
two miles apart, it would be considered accessible. Intent of work
"accessible" is to define streams or areas within relatively short
walking distance from the vehicle.
TABLE B - Purpose is to show number of facilities. Column 1 includes
all areas now developed. Column 2 indicates areas that are under
consideration for development within the noex five years. Column 3 -
potential, even though development may be twenty years or more hence.
Columns 5 and 6 show number of people that can or may be accomodated.
Line e includes skating, ice skating, tobogganing. Lines a, b, c - Must
have water and sanity facilities. Picnic areas should include tables.
TABLE C - Reflects income to tribe from sources shown. Line p should
include gas stations, skiing facilities, sporting goods stores, etc.,
which are primarily of service to recreation users. A gas station at an
agency which incidentally services recreation users should not be
included. Income shown in Column 5 should not include wages, salaries,
etc. These are to be reported in estimated value, Table D. The intent
of this table is to show receipts to the tribes for use of recreational
facilities whereas Table D reflects value to individuals. Line n -
number of units in motel, lodge, etc. shown in line m - for example,
one motel has 15 units.
TABLE D - This table reflects income to individual Indians from
employment at recreational facilities. Line a is estimate received from
wages, salaries of Indian employees at gas stations, lodges, cafes, as
guides, etc. Line b is estimate received in wages and salaries by
Indians employed as game wardens or similar regulatory positions. Do
not include wages or salaries from gratuity funds. Do not include in
Table D wages or salaries from commercial income reported in Table E.
TABLE E - Report gross receipts from sale of items listed obtained
from within Indian trust lands or "Treaty Rights". Example Red Lake
Fisheries is commercial operation, likewise sale of salmon obtained by
Indians in Northwest from "usual and accustomed" places on the Columbia
River although not within the reservation. Do not include Indians, for
example, fishing in Lake Superior for commercial sale unless it is a
right given them by treaty.
TABLE F - Column 4 should indicate take of fish from those planted on
basis of put and take. If it is desired to show take from natural
stocked waters record number in space to right of Column 1.
TABLE H - Lines a, b and c, Man day equals eight hours spent by
sportsman. Lines d through 1 are estimated number of people attending
or using. Line i, Tribal ceremonials include tribal demands or
celebrations that may be considered as recreation. Visitations shown to
be non-Indians only.
TABLE I - This table reflects Indian use of fish and game for home
consumption. It includes fish and game obtained from treaty rights. Do
not include fish and game obtained by Indians who purchases licenses or
permits from state (duck stamps exempted) to hunt or fish off the
reservation.
TABLE J - This table is estimate of total funds for year spent for
recreational development. It should not include any expenditures
included in tables C or D. Column 2 - Show expenditures for contracts
or individuals hired to make plans, progress, estimates, etc., for
tribal recreation purposes. Include salaries and expenses for BIA only.
Summary Reservation Western Washington Agency Washington State
RECREATION RESOURCES (CONTINUED)
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Postively no papers to be added to or taken from this file, except by
an employee of the Communications and Records Unit.
RECEIVED
610201
DEPARTMENT of the INTERIOR
BUREAU of INDIAN AFFAIRS
REPORT NO. 53-4F
FORM NO. 5-490
600400
AGENCY ANNUAL REPORT BRANCH OF FORESTRY
CALENDAR YEAR 600000
Agency WESTERN WASHINGTON
Reservation:
1. CHEHALIS
2. HOH
3. LUMMI
4. MAKAH
5. MUCKLESHOOT
6. NISQUALLY
7. OZETTE
8. PORT GAMBLE
9. PORT MADISON
10. QUILEUTE
11. QUINAULT
12. SKOKOMISH
13. SHOALWATER
14. SQUAXIN ISLAND
15. SWINOMISH
16. TULALIP
17. PUBLIC DOMAIN ALLOTMENTS
Prepared by Onnie E. Paakkonen Vernon S. Halbert Forester Forestry
Aid (Gen.)
Approved by John W. Libby Forest Manager
INSTRUCTIONS AGENCY ANNUAL REPORT BRANCH OF FORESTRY
GENERAL
Do not show fractions of acres, less than thousand board feet, or
cents, except where cents are specifically required.
All copies of this report are due in TRIPLICATE on or before 000015
in the office of the Area Director. The original of the report is due
in the Central Office on or before 000201. The report should be
approved by the officer in charge of the agency or his duly authorized
representative.
All data shown should be accurate and in accord with other reports,
covering the same information, submitted by the agency.
One report only should be submitted for reservation with coded and
diminished lands. Separate reports shall be prepared for Public Domain
allotments and government-owned lands outside of the reservation
boundary under the jurisdiction of the Indian Service. All tables are
to be broken down by States. Summary sheets shall be made for
reservation lying in more than one State, and for the Agency when more
than one reservation is under the jurisdiction thereof. All pages of
statistical tables of the same number shall be grouped and arranged
alphabetically by States and by reservation in each case.
If a form is not applicable, that fact shall be so indicated. The
words, "not applicable" should not be confused with "none"; if the data
are not available, an estimate shall be made and so indicated.
MAPS
All maps should have a title, show the year, legend, initials of
person preparing map, and show the date the map was prepared. In
folding, 'use the standard bellows fold, with title exposed in lower
right hand corner, as described in Plate II, Symbols and Instructions
For Maps and Plans, U. S. Department of the Interior, 410000.
MAPS REQUIRED: Timber Sale Unit Map: Show timber sale units, both
completed and active, cutover and uncut areas, and should show area
cutover during the calendar year.
Fire Map: Show location of fires occurring during calendar year.
Indicate class of each fire, using appropriate legend symbol.
PAGE 1. SUMMARY OF ALL TIMBER CUT
(Show all volumes to nearest thousand feet B.M. and value to nearest
dollar in Tables A, B, C, & D; show stumpage rates in Table E to
nearest cent.)
Table A. is the total of Tables B, C, & D.
Table B. is the total of Page 2 and Table A of Page 4.
Table C. is the total of Tables B & C of Page 4.
Table D. columns 4 through 9 are to be compiled from Agency Records.
Table E. Average Stumpage Rates. Obtain by dividing column 3 by
column 2 of the preceding tables; show rates to the nearest cent.
PAGE 3. TIMBER CUT UNDER CONTRACT - BY SPECIES
Totals shown in column 1 and 2 should equal totals shown on Page 2,
columns 3 and 4. Average Rate per M, column 3, total, should equal Page
1, Table E, line b.
PAGE 4. TIMBER CUT OTHER THAN UNDER CONTRACT
Table B. Include timber cut under provisions of 25 CFR 141.19(c).
The number of such permits as well as estimated volume and value should
be typed in space to right of Table.
Table D. Kind and Amount of Products Shown in Above Tables. Show
stumpage rates on basis of forest products listed. (Do not convert to
N.B.N.)
PAGE 5. ANNUAL FIRE REPORT
Table A. Area in Acres Requiring Protection. Total area A, a,
should equal A, g. Total area A, b, should equal A, h. Total area A,
c, should equal A, i.
Table B. Number and Class of Fires by Cause (To nearest acre).
Report fires according to land status on basis of origin. Area burned
by class should equal area burned by cause and damage by cause should
equal damage by type Page 6.
Table B, 2, j, should equal Table C, 2, a; and Table D, 2, a, Page
6.
Table B, 3, j, should equal Table C, 3, a; and Table D, 3, a, Page
6.
Table C. Area Burned and Damage by Cause (To nearest acre and
dollar). Damages reported in this table and Table D, Page 6, should
correspond to damage as appraised in accordance with Section VIII of the
Handbook of Fire Control.
Area burned and damaged by cause should equal area burned and damaged
by type Table D, Page 6.
PAGE 6. ANNUAL FIRE REPORT (Continued)
Table D. Area Burned and Damage by Type (To nearest acre and
dollar). Area burned and damage by type should be the same as shown in
Table C, Page 5.
Definitions: Forest -Commercial, recreational, scenic, and esthetic
forests, reproduction, reverting or potential forest lands, woodlots
Brush land - Shrub vegetation and stands of tree species, such as
burr oak, that do not produce merchantable timber
Grass land - Predominately grass vegetation
Other land - Cultivated land, etc., not classified as forest, brush,
or grass lands, requiring protection
Table E. Expenditures For Fire Suppression Only (Do not include
presuppression and show to nearest dollar)
Table F. Number of Fires. Area Burned, and Damage to Forest Lands,
Only: This table is designed to provide information necessary for the
Clarke-McNary Annual Fire Report. For the purpose of this table "Forest
Land" is defined as all classes of forest lands, whether timbered or
potential timber producing, cutover, or burned, and the woodland types
which are applicable to the West. Woodland types consist of small trees
whose dominant genera are junipers, pines, and/or oaks. Only those
fires which occur on lands under the above definition should be included
in this table fires occuring on non-forest watershed, open grasing lands
or other lands should not be included in this table unless they also
burned on or endangered forest lands as above defined.
Sub-Section "A" of Table F.
Forest Lands-Commercial, recreational, scenic and esthetic forests,
reproduction, reverting or potential forest lands, woodlots, or in the
West, woodland types.
Other Lands-Brush, grass, marsh, tendra, grain fields, chaparral,
meadows, and such similar non-timbered areas which were burned by fires
which occurred on forest lands. Do not include acreage burned by fires
which occurred on or endangered forest lands.
Total area burned shown in subsection "B" and sub-section "C" should
agree as follows:
Sub-section B Sub-section C Col. 3, Line a. .........Equals
.......Col. 1 plus Col. 2, Line d, .... . Col. 3, Line b.
........Equals .........Col. 1 plus Col. 2, Line e. ... . Col. 3, Line
c. .........Equals .......Col. 1 plus Col. 2, Line f. .... . ...Number
of fires shown in sub-section "D" and sub-section "E" should . agree as
follows: ..................................................... .
...Sub-section D ......................Sub-section E ..................
. Col. 3, Line d. .........Equals .......Col. 1, plus Col. 2, Line g.
... . Col. 3, Line e. .........Equals .......Col. 1, Line g.
................ . Col. 3, Line f. .........Equals .......Col. 2, Line
g. ................ .
PAGE 7. FOREST IMPROVEMENTS Show total amount in columns 5, 6, and
7, line a.
PAGE 8. NON-EXPENDABLE FOREST AND RANGE FIRE CONTROL PROPERTY
List all cars, trucks, and tractors used by the Branch of Forestry,
or other Branch responsible for fire control, and all non-expendable
property used primarily for forest and range fire control.
STANDARD CONVERTING FACTORS
Table not keyed, see original
THE FOLLOWING PAGES ARE NOT SUBMITTED BECAUSE THERE WAS NO REPORTABLE
ACTIVITY DURING THE CALENDAR YEAR 600000
Table not keyed, see original
SUMMARY OF ALL TIMBER CUT
Table not keyed, see original
Summary of All Reservation Western Washington Agency Washington State
SUMMARY OF ALL TIMBER CUT
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
TIMBER CUT UNDER CONTRACT - BY UNITS
Table not keyed, see original
Summary of all Reservations Western Washington Agency Washington
State
TIMBER CUT UNDER CONTRACT - BY UNITS
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
TIMBER CUT UNDER CONTRACT - BY SPECIES
Table not keyed, see original
Summary of All Reservations Western Washington Agency Washington
State
TIMBER CUT OTHER THAN UNDER CONTRACT
Table not keyed, see original
Summary of All Reservations Western Washington Agency Washington
State
TIMBER CUT OTHER THAN UNDER CONTRACT
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
ANNUAL FIRE REPORT.
Table not keyed, see original
Summary of All Reservation West, Washinton Agency Washington State
ANNUAL FIRE REPORT.
Table not keyed, see original
Quinault Reservation. West. Wash. Agency Washington State
FOREST IMPROVEMENTS
Table not keyed, see original
Summary of All Reservation S West. Wash. Agency Washington State
FOREST IMPROVEMENTS
Table not keyed, see original
Quinault Reservation West. Washington Agency Washington State
#Constructed by contractors in timber sale area.
NORTH WEST PORTION QUINAULT INDIAN RESERVATION WASHINGTON
560100
Map not keyed, see original
ALLOTMENT MAP OF THE QUINAULT INDIAN RESERVATION WASHINGTON
Map not keyed, see original
HEL-009-2058-2115
HEL-009-2058-2115
600729
CORRESPONDENCE
ASST SCTY DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Communications and Records Unit.
629
FILE COPY Surname INDIAN
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY
WASHINGTON 25, D.C.
Tribal Programs 8349-60
600729
Dear Senator Jackson:
Your letter of 000706 transmitted to this office two petitions from
the residents of the village of Queets on the Quinault Reservation. One
petition requests that the proceeds from a timber sale held on 600607,
be made available for the use of the people in that village. The other
petition requests the completion of Highway 101 between Taholah and
Queets.
Timber sales normally are handled at the reservation level and the
Area Office. We do not have any information on the timber sale which
was purportedly made on 000607. We are, therefore, forwarding a copy of
your letter, together with the petition concerning this matter, to the
Area Director of the Portland Area Office of the Bureau of Indian
Affairs asking for a report. Upon receipt of same, we shall be happy to
advise you further.
The completion of Highway 101 between Taholah and Queets, as
requested by the residents of the village of Queets, has been proposed
by other organizations and has been studied by the Indian Bureau. This
"missing link" section of road has previously been proposed as a coastal
highway important to tourist traffic, to National Defence, and as a
scenic route; cost estimate have been as high as two and one-half
million dollars. The Bureau has found that this project is not
justified as a Bureau project for several reasons: (1) The purpose of
the road is primarily to serve through traffic, in the State Highway
class, rather than to serve Indian needs; (2) the route has been
designated by the State legislature as Secondary State Highway No. 9-c,
thereby indicating its class and justification as a State highway and
part of the State system; (3) the Federal-Aid Highway Act provides for
all classes of Federal or Federal-aid roads and provides for the
financing of highways like the Taholah-Queets route from authorization
other than that provided for Indian Bureau roads. Bureau field
officials will discuss this proposed road with the Washington State
Department of Highways and will inform the Quinault Business Committee
about the State's future plans.
PRS 0876
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY
WASHINGTON 25, D.C.
Tribal Programs 8349-60
690729
Dear Senator Jackson:
Your letter of 000706 transmitted to this office two petitions from
the residents of the village of Queets on the Quinault Reservation. One
petition request that the proceeds from a timber sale held on 600607, be
made available for the use of the people in that village. The other
petition requests the completion of Highway 101 between Taholah and
Queets.
Timber sales normally are handled at the reservation level and the
Area Office. We do not have any information on the timber sale which
was purportedly made on 000607. We are, therefore, forwarding a copy of
your letter, together with the petition concerning this matter, to the
Area Director of the Portland Area Office of the Bureau of Indian
Affairs asking for a report. Upon receipt of same, we shall be happy to
advise you further.
The completion of Highway 101 between Taholah and Queets, as
requested by the residents of the village of Queets, has been proposed
by other organizations and has been studied by the Indian Bureau. This
"missing link" section of road has previously been proposed as a coastal
highway important to tourist traffic, to National Defense, and as a
scenic route; cost estimates have been as high as two and one-half
million dollars. The Bureau has found that this project is not
justified as a Bureau project for several reasons: (1) The purpose of
the road is primarily to serve through traffic, in the State Highway
class, rather than to serve Indian needs; (2) the route has been
designated by the State legislature as Secondary State Highway No. 9-c,
thereby indicating its class and justifications as a State highway and
part of the State system; (3) the Federal-Aid Highway Act provides for
all classes of Federal or Federal-aid roads and provides for the
financing of highways like the Taholah-Queets route from authorizations
other than that provided for Indian Bureau roads. Bureau field
officials will discuss this proposed road with the Washington State
Department of Highways and will inform the Quinault Business Committee
about the State's future plans.
PRS 0876
The petitions and other material transmitted with your letter are
returned as requested, copies having been made for our files.
Sincerely yours,
(ILLEGIBLE)
Assistant Secretary of the Interior
Hon. Henry M. Jackson United States Senate Washington 25, D. C.
Enclosures
Copy to: Area Director, Portland Supt., Western Washington Agency
ABF AA LM US DL DCCO
RDunlap:HRennie 600715 N BIA Surname BIA Chrony BIA Mail Room BIA
holdup
HEL-009-2116-2119
HEL-009-2116-2141
JACKSON, H M US SENATE
600706
CORRESPONDENCE
JACKSON, H M US SENATE
RECEIVED
600707
United States Senate
COMMITTEE ON ARMED SERVICES
600706
Hon. Fred A. Seaton Secretary Department of the Interior Washington
25, D. C.
My dear Mr. Secretary:
I enclose for your consideration a petition from the residents of the
village of Queets on the Quinault Indian Reservation requesting that
proceeds from a timber sale made on 600607 from what is known as the
Queets Wood Lot be made available for the use of the people in that
village.
As the petition points out, the residents are desirous of improving
their water system, drainage, and village improvements in general.
Enclosed also is a separate petition from the same group requesting
the completion of Highway 101 between Taholah and Queets. There are
also attached maps and additional information furnished by the
petitioners.
I would appreciate your having the Bureau of Indian Affairs look into
the matter and having a report made to me by the time Congress returns
in 000800.
Sincerely yours, Henry M. Jackson, U.S.S.
HMJ:wf
Enclosures 4
RECEIVED
600707
PETITION
TO THE HONORABLE PRESIDENT OF THE UNITED STATES OF AMERICA
DWIGHT D. EISENHOWER
We, your petitioners numbering 149, live in a village which is
located on a 15.3 acre tract of land which was purchased by the United
States Government in 150000 from the original allottment of Paney
Yakama, Quinault Reservation, for use as an Indian Day School and for
homesites in the vicinity of the school.
This parcel of land was conveyed to the Quinault Tribe by enactment
of Public Law 86-198, 6th Congress, H. R. 2188, on 590825 a copy of
which is attached herewith.
We, your petitioners are allottees in the Quinault Indian
Reservation, and as such, are a part of the Quinault Tribe whose seat of
Tribal Government is located at Taholah, Washington and whose governing
body is known as the Quinault Business Committee.
Queets Village is approximately sixty-eight (68) miles from Taholah
by the present existing serviceable roads, but actually only twelve (12)
miles in a direct line north. (See Map attached).
Great emphasis has been placed by the Bureau of Indian Affairs
concerning the recognition and authority of the Quinault Business
Committee while excluding other Indians of the Tribe who are not
permanent residents of the Taholah Indian Village at Taholah,
Washington. (Observe the findings of Senate Committee of 570815:
Senate Report 971, 85th Congress, 1st Session which is enclosed
herewith).
Your Honor, Queets Village, the subject of our petition, is located
by the side of U.S. Highway 101, and has strong potential for tourist
appeal. We, your petitioners, want to be officially recognized as an
organization devoted to the advancement of our 15.3 acres, water
facilities, and school.
We do not intend to supersede upon the political operations of the
Quinault Business Committee in re; Recommendation Number 7, Senate
Report 971, 85th Congress, 1st Session.
We want a model village with adequate housing, proper sanitation, a
pure water supply, business and industrial enterprises, which will
provide an economic sufficiency for ourselves and our posterity.
We, therefore, request your support in our promotion for the
completion of that part of U. S. Highway 101 between Taholah and Queets
which represents about 20 miles of new construction through the Quinault
Reservation, a section known as, "the missing link".
This road will enhance our over-all program and provide employment
for our people, and we are certain that the road will be a great
contribution to our National Defense by making the 20 miles of Pacific
Coast accessible for land patrols.
Please return to SENATOR HENRY M. JACKSON
Riel Davis Katherine Obi Davis Walter Bennett Pat Bennett Chester L.
Pulsiper Alveria B. Pulsiper (ILLEGIBLE) Violet C. Kelly Fred Kalaway
(ILLEGIBLE) Harry Sam Casper Sam
RECEIVED
600709
PETITION
TO THE HONORABLE HENRY M. JACKSON, UNITED STATES SENATE. WASHINGTON,
D. C.
Dear Senator Jackson,
We, your petitioners, residents of the Village of Queets, on the
Quinault Indian Reservation in the State of Washington request your
intercession on our behalf in the use of money which will be made
available from the sale of timber to be taken from Quinault Reservation
Tribal Timber.
The timber is to be taken from what is known as the Queet's Wood Lot,
situated near our village, and set up for a bid sale by the Quinault
Business Committee and approved by the Bureau of Indian Affairs.
Bids for the timber were opened on 600607 at Hoquiam, Washington.
The Womer Brothers Logging Company were successful bidders and they
submitted 10% of the total bid price upon rendering the accepted bid.
The estimated volume of timber is 8,600,000 board feet worth about
$150,000.00, and the Bureau approved the bid on 000617. When the final
papers are finished the cutting will begin and the timber will be paid
for as it is cut.
We need action immediately and especially from you so that we can get
money from this timber sale of timber upon land which was originally
oarmarked as the Queet's Wood Lot to be used by the people of Queets
Village.
We need the money to improve our water system, sanitation facilities,
drainage, and village improvement, in general.
Respectfully,
SIGNED:
Mitchelle Sam Frank Maud ILLEGIBLE Floris Loggan Howard Longman
Joseph R. ILLEGIBLE Mrs Lena Cultee Hillaire Earl L. Sansom Hilda Sansom
Arlene Williams Shermor Williams Authur Heck ILLEGIBLE Jesse H ILLEGIBLE
We, your petitioners, pray that by your condescension to our need
that the officials under your command will be more tolerant with our
humble efforts for survival.
We need help to properly word our Constitution and By-Laws for the
government of our domain.
To our Commander and Chief, President of the United States of
America, The Honorable Dwight D. Eisenhower, and respectfully
transmitted through the hands of our beloved Senator the Honorable Henry
M. Jackson.
State of Washington, 600624.
SIGNED:
Mitchell Sam ILLEGIBLE John R Shale & Flora Logan Howard Logcer
Joseph R. Williams Mrs Lena Cultee Hillaire Earl L Sansom Hilda Sansom
Arlene Williams Shermon Williams Authur Heck Mr Authur Heck Cecelia Ohi
Jesse N Kowoods ILLEGIBLE Hazel Obi Herbert Bennett Mrs. Imogene
ILLEGIBLE Lawrence O-Jo Frank Charles Jr. Mrs MaryAnn Heckchok Mrs.
Fred Kalama Skilbane Obi Ole Obi Alfred Obi Eesie Obi Norbert Charles
Wilson Wells Sr. Mrs Catherine Hill Wells Frank Sansom Mrs. Leta R
Shale
HEL-009-2120-2124
HEL-009-2116-2141
SEATON, F A DOI BIA
680805
CORRESPONDENCE
AREA DIR DOI BIA PAO
Commissioner, BIA
IN REPLY REFER TO:
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
680805
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Attention: Branch of Forestry
Dear Sir:
Assistant Secretary of the Interior Fred G. Aandahl's letter of
600729, addressed to the Hon. Henry M. Jackson, United States Senator,
includes a statement that this office is being asked to furnish a report
concerning the sale of timber from tribally owned property on the
Quinault Indian Reservation. The report is necessary in order for the
Department to provide Senator Jackson with information relating to a
petition made to him by residents of the village of Queets. The
petition request that the money derived from the sale be made available
for use by the people in that village.
The timber sale in question is known as the Queets No. 1 Logging
Unit, Contract No. 14-20-0510-232. The contract is with the Womer Bros,
Logging Company, a partnership. It includes 116 acres of tribally owned
lands that are approximately one mile south of Queets in an area
referred to as the Queets wood lot. There are also 172 acres of
allotted lands included in the sale area. The master contract for the
sale of this unit was approved by Assistant Area Director Perry E.
Skarra on 600802.
The total estimated volumes of timber within the sale are as follows
Table not keyed, see original
The prices per M board feet bid for this timber were as follows:
Species Bid Price Western redcedar $12.60 Pacific silver fir 18.30
Sitka spruce 21.75 Western hemlock 16.65
Average all species ($17.34)
On the basis of the estimated volumes the total bid price was
$150,181.20. The estimated total value for the timber on the tribally
owned portion of the unit is $78,737.40
Enclosed for your further information and files is the Central Office
copy of the subject contract, together with a copy of the letter with
which we transmitted copies of the approved contract to Superintendent
C. W. Ringey, Western Washington Agency. You will note in that letter
that we have requested certain items to be completed and additional
copies of the powers of attorney for the allotments to be furnished. We
will forward the Central Office copy of the power of attorney when it is
received from the agency.
Sincerely yours,
(ILLEGIBLE) Area Director
Enclosures
Copy to; Supt., Western Washington Agency Hoquiam Subagency
Reference: Tribal Programs
Fill with 8349-60
PRS-0876
HEL-009-2128-2130
HEL-009-2116-2141
COMM DOI BIA BR OF FORESTRY
601012
CORRESPONDENCE
ACT AREA DIR DOI BIA PAO
RECEIVED
601017
Commissioner, Bureau of Indian Affairs
IN REPLY REFER TO:
Forestry 339.5
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 4097
PORTLAND 8, OREGON
601012
Hon. Henry M. Jackson United States Senate Washington 25, D. C.
Dear Senator Jackson:
Your letter of 601003 asks for an up-to-date report concerning a
petition from the residents of the Village of Queets requesting that
proceeds from a sale of timber from the "Queets Wood Lot" be made
available for the use of the people of the village.
In answer to Assistant Secretary Aandahl's request of 600729 that we
submit a report to him concerning this sale, we stated the following:
"The timber sale in question is known as the Queets No. 1 Logging
Unit, Contract No. 14-20-0510-232. The contract is with the Womer Bros.
Logging Company, a partnership. It includes 116 acres of tribally owned
lands that are approximately one mile south of Queets in an area
referred to as the Queets wood lot. There are also 172 acres of
allotted lands included in the sale area. The master contract for the
sale of this unit was approved by Assistant Area Director Perry E.
Skarra on 600802.
"The total estimated volumes of timber within the sale are as
follows:
Table not keyed see original
"The prices per M board feet bid for this timber were as follows:
Species Bid price
Western redcedar $12.60
Pacific silver fir 18.30
Sitka spruce 21.75
Western Hemlock 16.65
Average all species ($17.34)
"On the basis of the estimated volumes the total bid price was
$150,181.20. The estimated total value for the timber on the tribally
owned portion of the unit is $78,737.40."
The tribal lands within the sale area are owned by the Quinault Trib
The tribal members who live in he Village of Queets represent only a
small portion of the total tribal membership. Existing regulations
require that the money derived from the sale of timber on the tribal
portion of the sale area be deposited to the credit of the tribe as a
whole.
We understand that action on the petition submitted by the residents
of the Village of Queets is being considered by the Office of the
Secretary of Interior. We are certain that you will be advised as soon
as the nature of that action has been fully determined.
Sincerely yours,
(ILLEGIBLE LINE)
Acting Area Director
Copy to: Commissioner, w/copy of Sen. Jackson's letter Supt.,
Western Washington Agency
HEL-009-2131-2132
HEL-009-2116-2141
JACKSON, H M US SENATE
601003
CORRESPONDENCE
JACKSON, H M US SENATE
RECEIVED
601007
1. Forestry
2. Asst. Dir. (Rs.)
3. Forestry
(ILLEGIBLE LINE)
UNITED STATES SENATE COMMITTEE ON ARMED SERVICES
601003
Mr. Don C. Foster Area Director Bureau of Indian Affairs 1001 N. E.
Lloyd Boulevard Portland, Oregon
Dear Mr. Foster:
In Assistant Secretary Aandahl's letter of 000729 to me, it was
stated that a copy of my 000706 letter would be referred to you for
reply.
This correspondence pertained to a petition from the residents of the
Village of Queets on the Quinault Indian Reservation requesting that
proceeds from a timber sale made on 600607 from what is known as the
Queets Wood Lot be made available for the use of the people in that
Village.
I would greatly appreciate receiving an up-to-date report on this
matter.
Sincerely yours
Henry M. Jackson Henry M. Jackson, U.S.S.
5-349d
860500
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. 310
RECEIVED
681012
Form 5-206
651000
REPORT NO. 55-25F
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
AGENCY ANNUAL REPORT
BRANCH OF LAND OPERATIONS
OUTDOOR RECREATION AND (ILLEGIBLE)
CALENDAR YEAR 670000
State: Washington
Agency Western Washington
Prepared by (ILLEGIBLE) Title Acting Real Property Manager Officer
Reservations: Chehalis Port Madison Elwha Puyallup Hoh Quileute
Lummi Quinault Makah Shoalwater Muckleshoot Skokomish Nisqually Squaxin
Island Ozette Swinomish Port Gamble Tulalip
Approved by John B Beneditt Title ACTING Superintendent
Area Portland
Reviewed by (ILLEGIBLE)
Title (ILLEGIBLE)
RECREATION RESOURCES
Table not keyed, see original
TABLE A - Purpose is to designate areas of use. Line "f" reflects
areas in parks (example Navajo Monument Valley Park) or other areas set
aside for special outdoor recreation use on the reservation. Column 2
indicates estimate of potential ponds that could be developed. Column 4
reflects restriction of use of ponds, lakes, streams, etc. If streams,
etc., are restricted to Indian use only, insert word "Indian" on
appropriate line: if no restrictions are applicable (use by Indian and
non-Indian with or without permit), insert word "None." If certain areas
are restricted for Indian use make estimate of total in percent, for
example, 50% Indian.
TOTAL B - Purpose is to show number of facilities. Column 1 include
all areas now developed. Column 2 indicates areas that are under
consideration for development within the next five years. Column 3 -
potential, even though development may be twenty years or more hence.
Columns 4 and 5 show number of people, boats, etc., that can or may be
accommodated at one time. Line "g" includes ice skating and
tobogganing. Lines a, b, c - must have water and sanitary facilities.
Picnic areas should include tables.
TABLE C - Reflects income to tribe from sources shown.
SUMMARY Reservation Western Washington Agency Washington State
RECREATION RESOURCES
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
TABLE F o - animal not found on reservation
Code for r - very few animals on reservation
Col. 2 & 7:c - commonly seen
n - many animals seen every day
son or seasons when most plentiful by:
F - fall; W - winter: Sp - spring; S - summer (example: ducks n
(SPF).
Col. 4-5 o - no pressure: 1 - little pressure
(F) - seasonably migratory: indicate sea - & 9-10 m - moderate
pressure: h - heavy pressure
TABLE E - Report gross receipts from sale of items listed obtained
from within Indian trust lands or "Treaty Rights." Example, Red Lake
Fisheries is commercial operation, likewise sale of salmon obtained by
Indians in Northwest from "usual and accustomed" places on the Columbia
River although not within the reservation. Do not include Indians, for
example, fishing in Lake Superior for commercial sale unless it is a
right given them by treaty.
TABLE G - This table reflects Indian use of fish and game for home
consumption. It includes fish and game obtained from treaty rights. Do
not include fish and game obtained by Indians who purchase licenses or
permits from State (duck stamps exempted) to hunt or fish off the
reservation.
SUMMARY Reservation Western Washington Agency Wash State
TABLE H - Recreation use shall be reported in standard units of
visitor-days. A visitor-day shall consist of an aggregate of 12
visitor-hours. A visitor-hour is defined as the presence of one or more
persons for recreation purposes in a recreation area for continuous,
intermittent, or simultaneous periods of time aggregating one hour;
e.g., one person for one hour, two person for one-half hour each, n
persons for 1/n hours each, Member Indians will not be considered in
visitor use of reservation.
TABLE I - This table is estimate of total funds for year spent for
recreational development. Column 2 - Show expenditures for contracts or
individuals hired to make plans, programs, estimates, etc. for tribal
recreation purposes. b - Include salaries and expenses for BIA only. c
- All other Federal and State sources.
SUMMARY Reservation Western Washington Agency Wash. State
HEL-009-2133-2141
HEL-009-2116-2141
FOSTER, D C DOI BIA
700102
CORRESPONDENCE
ALLEN, A O DOI BIA
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. 435
Quinault 056
700102
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C. 20242
IN REPLY REFER TO:
REAL Prop. Mgmt. Administration
Through: Area Director, Portland Area
Mr. James Jackson
President, Quinault Tribal Council
Dear Mr. Jackson:
Representatives of our Real Property Management Program were pleased
to have met with you, Mrs. Mitchell and Mr. DeLaCruz on 001119. Such
meetings provide the staff with an opportunity to discuss the
reservation activities which pertain to their areas of involvement.
The first subject discussed was the tribe's plans for the development
of beach facilities with Federal assistance funds. Recently the tribe
closed their beaches due to vandalism and misuse by the general public.
It is your proposal to keep the areas closed until restricted public use
areas and roads can be developed. We concur with your objectives to
protect this resource and provide an orderly development. You will be
advised further after we have reviewed the various Federal programs
which lend themselves to participation in your program.
Tribal zoning ordinances Nos. 1 and 2, adopted by the tribe and
approved by the Assistant Secretary, were reviewed. The approval of the
two zoning ordinances was conditioned upon and would not become
applicable until county adoption of the same or similar zoning
provisions. The county has not acted favorably as yet. It was
suggested that the tribe may want to request, through the
Superintendent, a further legal review of the conditional approval. We
could not assure you the results would be different inasmuch as
non-Indian properties within the reservation are involved and would
possibly be subject to the tribe's proposed zoning. 435
The meeting was concluded with a general discussion of the Salt River
Reservation programs for the tribe's participation in various phases of
land management.
Sincerely yours,
(Sgd) A.O. Allen Acting Commissioner
cc: Area Director, Portland Supt., Western Washington Agency Mrs.
Mitchell Mr. DeLaCruz
300 - Attention Mr. Hubley 435 Mailroom
Puyallup
Hank Adams (not a tribal member of the Puyallup Tribe) is scheduled
to meet with Commissioner Bruce on Wed, 691210 at 2 pm. Canceled due to
the Commissioner's extended field trip
Did not reschedule
HEL-009-2142-2145
HEL-009-2142-2145
AREA DIR DOI BIA PORTLAND JACKSON, J QUINAULT TRIBAL COUN
691202
CORRESPONDENCE
CLARK, D W BR OF FORESTRY
Commissioner of Indian Affairs Through: Assistant Commissioner for
Economic Development
Acting Chief, Forestry Program
Quinault Newsletter No. 40
The enclosed copy of Quinault Newsletter No. 40, concerning the
stumpage revision appeal in the case of Aloha Lumber Corporation vs.
Stuart L. Udall, and other miscellaneous matters, may be of interest to
you.
Don W. Clark Acting Chief, Forestry Program
Enclosure
DWClark:vb 691202
cc: 300 w/cy newsletter 435 w/cy newsletter 350 w/cy newsletter
Surname Forestry Chrony Mailroom Holdup
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Agency Federal Building,
3006 Colby Avenue Everett, Washington 98201
QUINAULT NEWSLETTER NO. 40
STUMPAGE REVISION APPEAL: On 690902, Judge W. T. Beeks, under
Memorandum Order No. 7198, remanded the case of Aloha Lumber Corporation
vs. Stuart L. Udall, Secretary of the Interior, back to the Bureau of
Indian Affairs for further proceedings and more specifically to
determine the basis of certain contentions. These contentions involve
any increment in cost factors allowed in the 640000 adjustment which
were reflected in a trend in economic conditions in the West Coast
logging industry and as applied to the 660000 adjustment. Also to
determine whether certain disallowed costs have since become normal
costs for the industry and to establish a base from which to measure
trends and to further examine the profit and risk factor in the light of
economic trends.
On 691028, the Bureau of Indian Affairs submitted additional data to
the Commissioner of Indian Affairs relevant to the above items. The
outcome of this reexamination and resubmission increased the stumpage a
very slight amount. As of this date, no definite information has been
received from the Commissioner. We will keep you informed as
developments occur. This information can be examined at the Hoquiam
Forestry Office.
INDUSTRIAL FORESTRY ASSOCIATION VALUES: A slight rise occurred in
the third quarter log grade values over the second quarter prices for
the Grays-Willapa Harbors District. All species rose except western
redcedar No. 1 and No. 2 sawlogs, Sitka spruce No. 1 sawlogs and western
white pine No. 2 sawlogs. For the Puget Sound District, weighted
averages for the third quarter dropped slightly over second quarter
prices for western hemlock peeler and No. 1 sawlogs, and western white
pine No. 3 sawlogs.
GRAVEL FEE: The Quinault Tribal Allottee Committee is recommending
to all owners of allotted lands that 25[ per cubic yard be paid for
gravel removed from their land.
691112
John W Bushman Acting Superintendent
691128
A 001128 phone call from Superintendent George Felshaw, Western
Washington Agency, asked about follow up on the Quinault Delegations
recent visit to Wash., D.C.
Mrs Helen Mitchell, on 001126, indicated to Mr Felshaw that she had
been told by someone in the Central Office that the Task Force or
Quinault is now Departmental Policy. Apparently, this was told to Mrs
Mitchell on 001020, the day following the regular schedule of meetings
for the delegation.
The Task Force Report was compiled following a hearing conducted by
Newt Edwards and others about a year or so ago. Copies would be
available in Real Property Mgt and/or Forestry. A letter included in
the Task Force Report from signed by the Secretary approves the report
and directs the Commissioner to implement its findings. Supt. Felshaw
wants to know whether that report is actually the policy of the Dept. in
that it is in conflict with certain provisions of 25 CFR.
In that 25 CFR has not been changed accordingly, the Supt feels that
its provisions still apply. He feels that either a change in the
Secretary's regulations or legislation would be needed to make the Task
Force Report an operating policy.
The Supt. wants to know:
1. Who did the delegates meet with on 001020?
2. Were they actually told that the Task Force is now Dept. Policy?
3. What is the Department's position in the matter?
4. What is the Bureau's position?
700112. Talked to Don (ILLEGIBLE). He said that the same basic
question is now before the Control Office for a response. Apparently,
Felshaw has written in for an answer. Until the Commissioner has
implemented the Task Force Report by changing 25 CFR, the CFR is the
procedure to be followed.
Discussed with Paul Weston 780112.
001020, Lafollet Butler.
Felshaw Helen Mitchel on Wed
Salt River Realty set up.
Who did they talk to? re Salt River.
Task Force
Sec & Comm. Concurred to Report
Report conflicted/ 25CFR
West has told them last year that the TF report was policy.
Supt State it is not policy until 25CFR is changed or legislation is
(ILLEGIBLE) or (ILLEGIBLE)
HEL-009-2146-2150
HEL-009-2146-2150
COMM OF INDIAN AFF DOI BIA ASST COMM ECONOMIC DVLP
691114
CORRESPONDENCE
GAY, N BIA
Central Office Staff Division of Tribal Operations Quinault
Delegation -- 691119
Delegates Expected:
James Jackson, President
Joseph DelaCruz, Business Manager
Jerry Straus, Tribal Attorney
A conservation award will be presented to the Quinault Tribe by Keep
America Beautiful, Encorporated in New York City on 001118. These
delegates will receive this award on behalf of the tribe. They will
stop in Washington, D. C., for meeting with the following:
Wednesday-001119:
10:00 A.M. Assistant Secretary Lossch, Room 4100, Interior Building
11:00 A.M. Commissioner Bruce, Room 233
1:00 P.M. Economic Development, Room 340 Deputy Assistant
Commissioner Corke
2:30 P.M. Transportation (Roads), Rodney Dunlap, Acting Chief Room
419, 801 19th Street, N. W.
At the conclusion of any conference held with members of the Bureau,
the representative of the Division responsible for the substance of the
discussion should prepare a letter for the Commissioner's signature
summarizing the exchange. Such letter should be addressed to the
President of the Quinault Tribal Council, through the Portland Area
Director. Copies should be made for each of the delegates, the
appropriate Assistant Commissioner, Area Director, Superintendent, and
the Division of Tribal Operations.
Additional meetings will be scheduled as needed. Anyone having any
questions or wishing to contact the delegation should phone the Tribal
Government Section on extension 33282 or 2511.
(ILLEGIBLE) Chief, Tribal Government Section Division of Tribal
Operations
Surname Chron Mailroom
Holdup:RFarring:rag 691114
HEL-009-2151-2151
HEL-009-2151-2152
CENTRAL OFC STAFF BIA
691114
CORRESPONDENCE
GAY, N BIA
DATE: 691114
UNITED STATES GOVERNMENT
Memorandum
TO: Central Office Staff
FROM: Division of Tribal Operations
SUBJECT: Quinault Delegation, 691119
Delegates Expected:
James Jackson, President Joseph DeLaCruz, Business Manager Jerry
Straus, Tribal Attorney Hellen Mitchell, Chairman, Allottees Committee.
A conversation award will be presented to the Quinault Tribe by Keep
America Beautiful, Incorporated in New York City of 001118. These
delegates will receive this award on behalf of the tribe. They will
stop in Washington, D. C., for meetings with the following:
Wednesday, 001119:
10:00 A.M. Assistant Secretary Loesch, Room 4100, Interior Building
11:00 A.M. Commissioner Bruce, Room 233 1:00 P.M. Economic Development,
Room 334 (ILLEGIBLE LINE)
At the conclusion of any conferences held with members of the Bureau,
the representative of the Division responsible for the substance of the
discussion should prepare a letter for the Commissioner's signature
summarizing the exchange. Such letter should be addressed to the
President of the Quinault Tribal Council, through the Portland Area
Director. Copies should be made for each of the delegates, the
appropriate Assistant Commissioner, Area Director, Superintendent, and
the Division of Tribal Operations.
Additional meeting will be scheduled as needed. Anyone having any
questions or wishing to contact the delegation should phone the Tribal
Government Section on extension 33282 or 2511.
(ILLEGIBLE) Chief, Tribal Government Section Division of Tribal
Operations
HEL-009-2152-2152
HEL-009-2152-2152
CENTRAL OFC STAFF
000000
CORRESPONDENCE
GOODWIN, J REAL PROPERTY MGMT
Real Property Mgt
J. Goodwin Don Mayward Supt
Mrs. J. We are seeking Federal Funds for Construction of a parking
lot, rest room facility, etc for use by the public under control by the
number we wish to contract this out We want to sell rather than lease a
right-of-way
Don do you want to find out what Federal funds would be available for
site preparation, etc.; Mr. J - Yes Don - We would like to look into the
matter.
We have no such funds in our appropriation Mr. Goodwin If we had some
idea of what you want an amts. etc, then we could approach other
agencies and work through what BIP could do to help.
Suggested that EDP should be (illegible) Joe we are working on an
application to EDA for tourisim complex. Mr G. you can have planning
going on for several projects at one time
Mr. J The time element in appraisals is a problem to us. Mrs. M. We
haven't had an appraisal since 000400 Mr. J Why can't the Forestry
people make the complete appraisal on timber and the land?
Don Two separate sets of criteria are used to established values --
one by Realty Appraisal on the land and the other by Forestry Div. on
the timber
Zoning Ordinances
Mr. J. in that law and order jurisdiction is now Federal and the
state had such jurisdiction at the turn that the 2 ordinances were
approved by former Asst seen Havry Anderson it appears that the whole
issue should be again reviewed When approved,
Don asked that the tribe submit a new ordinances throu the supt for a
new look at the matter Supt Provision by ordinances will be needed for
setting, forth the limits of use by the public of the beach and tide
land area Don The Federal judge is more apt to enforce traspass if an
ordinance by the tribe is in effect
Joe We understand that recent solicitor's decision holds that the
tribe has the right to zone land within the reservation, even farm land.
Don- Unless the courts rule to this effect on a test case, our
opinions don't really mean too much.
Don How about zoning by the county in adjacent area to the
reservation
Joe The county has not completed the establishment of its zoning
ordinance in the area adjacent to Quinault. The pressure from real
estate people has retarded the zoning of this area
Supt Ask about Salt River land use plan
Don - explained the way in which Salt River is planning for use of
its lands in the face of urban expansion which will eventually take in
most of the reservation. They will not sell but they are, that is, the
allottees are yielding to the pressure to lease lands at attractive
rates.
Mr J. We want to buy as much land as possible from allottees. We do
not want to lease to non Indians.
Harry Dome came in to the mtg to discuss Realty Appraisal questions
He felt 6 to 8 months would be too much time between appraisals and when
information is supplied to the tribe.
Mr J. Did you ever turn the hoat on a Stone wall?
Mr J. Why can't foresters appraise forest land at the same time as
the timber is appraised
Harry- I don't see why this could not be done. It is a matter to be
worked out by the Area Director. Is part of the problem that you don't
agree with the appraisals made by the appraisal people?
Joe yes he cited an example to show this He felt the appraisal people
don't maintain contact with the tribal officials.
Harry - I will be in Portland in about 2 wks. and I will go up to
Quinault and discuss the matter
Harry - explained the way in which appraisals are made and pointed
out the difference between appraised value and that determined by
administrative judgment.
Joe - Suggested that since the Area is short of appraisal staff, why
not contract to a local appraiser to do the job.
Supt - Contracting for appraisals is not very well received is it?
Harry - We have not done this on a long term basis. It has been done
for individual cases. Explained the desirability of more than one
appraiser service, the reservation on an alternate basis.
Supt Why do we need an appraisal?
Harry Because it is in CFR
Supt But that can be changed
Harry. This was likely placed in CFR to protect the interest of the
owner
Harry It is unfortunate that the appraisal is used as a fixed figure
in a sale between allottee & the tribe for a negotiated sale.
Mr Loesch
Newt Edwards
Charlie Hobbs - Atty Supt.
Earl Wilcot, Forestry
Helen Mitchell
J Jackson
Joe DeLaCruz
10.pm Quinault Mtg with Mr Loesch
RE Aloha Contract Dispute
Jim Jackson.
This matter has been going on since 660000 and we would like to see a
final decision made in the near future. We feel this is entirely too
long.
Mr Loesch - When court action is involved, it takes a long time. We
understand your concern for a prompt settlement There is nothing that we
can do to keep people from taking such an issue to court. We are not
giving any of the tribes property away. We have heard the contractor's
side of the story - They proposed a settlement but we told them that we
would support any proposal which would meet with the tribes' approval.
They proposed to keep 40% and give the tribe 60%.
Mr. Jackson - We have decided to object such proposal
Mr. L. There is no way we can speed up court proceedings Are the
allottees in general agreement on a position?
Mrs Mitchell - yes.
Mr. L. We are not going to compromise anything for the tribe. We
will go along with what ever the tribe wants.
Mr. Hobbs - stated that the Co. has stated that it intends by legal
manuvering to hold this case up as long as possible.
Mrs Mitchell showed some reports to show that during the early part
of the contract, the higher grade timber was taken, at that time the
price was based on an average and not on a specific grade recovery.
This resulted in less revenue to the tribe
Mr L. Are you suggesting that there is some negligence on the part
of this Dept. in the way in which the contract was executed during its
early years?
Mrs. M. Yes
Mr. L. What can we do about that now?
Mr. Jackson - We don't have that problem now that we have a forester
Mr. L. What process was initially used?
Mrs. M. We were using an average based on the prior 3-year average
Now it is on actual grade recover based on a 1 month prior average This
works ok while they are cutting high grade timber. But when they cut
low grade, there will be problems.
Mr. Hobb. The decision as to what is to be cut is to be up to the
BIA, according to the contract but in effect, the corp is cutting about
what it wishes.
Supt. We have negotiated on this and it is likely that the pendalum
has swung to the high grade cutting.
Mr Hobbs. The BIA
Supt. We may have been somewhat negligent in this respect but this
is a timber mgt. matter. We need to harvest the low grade timber too.
Mr L. It appears that the Allottees and the tribe are in agreement
on the matter and the Bureau could merely follow through on the tribe's
desires if it fits into proper management.
Mr Jackson. We now have a Forest Mgr. who we feel will do a much
better job than was previously done.
Mr. M. objected to the fact that grade recovery has now been
instituted after most of the high grade timber has been harvested. It
should have been consistent throughout the life of the contract.
Mr. Jackson. - We feel there should be
We have not been included in discussions of the Bureau & the corp.
We feel the BIA should take a firm stand on setting stumpage rates.
We feel that Evans Products should not continue to log if they again
appeal.
We want a firm decision by the Sec to stop the logging by Evans
Products If this is not done, we are about to take the matter into our
own hands
Both the tribe & the allottees are in agreement on this. Some of the
allottees have already started to stop logging by their own efforts.
Mr L. What provisions are in the contract for cancellation?
Mrs M. Mr Hobbs has a number of instances documented on breach of
Contract that he will bring forth when he sees fit. This is one way in
which the contract can be cancelled.
Mr. Jackson I am mistaken, I understood it was up to the Sec to make
the decision, this is relation to my statement about demanding a
decision.
Mr L. That is right, we are not involved at this time. It is a
matter pending with Justice. We do not plan to appeal the matter
Mr. Hobbs. If the Corp. does not appeal, does the Sec intend to
limit consideration of the matter, or review the whole matter?
Mr L. My inclination would be to open up the whole case if it come
up for repramand
Mrs M. There were things that the tribe was not permitted to see in
the case during the earlier decision on the matter by the Sec. We feel
the whole matter should be open to the tribe
Newt. There were certain things we could not make public because of
confidential information about costs of the corp.
Mr J. raised a question that the contract provides for protection of
streams against polution, then later we find that the Bureau has allowed
the corp. a percentage of stumpage to do the same thing. So the tribe
is actually paying for what was already provided for in the contract as
a cost the corp was responsible for. This is also true of scaling, &
fire supression We are paying for it in the 10% administrative fee, as
well as a futher percentage of the stumpage & we are getting nothing.
Mr. L. it appears that there is a basis for looking into the whole
matter if this is referred to us for remand.
The delegates agreed that this would be good.
Mr J. stated that the corp. should be closed down while their appeal
is pending.
Mr L. I am interested in the tribe's feeling that the corp be shut
down if it appeals. What basis would be used, breach of contract?
Mr Hobbs -- We have not studied this question but it appears that
this could be done
Mr. L.
If this tribe submits in writing its desire as to how the Bureau
should proceed & it is within the terms of the contract, I would be
inclined to direct the Bureau to take such action
Mr. L. Mr J wants us to shut down the corp. We may have no legal
excuse to do this unless the tribe wants to present information showing
there has been a breach of contract We would want our people to look
into this.
Mrs. Mitchell. We have a technical point which could be used as a
breach of contract, that is the failure of the company to clean up
debris following a fire.
Mr Wilcot. This may not be entirely the fault of the corp., it may
be the fault of the Bureau.
Mr. Hobbs We are going to study the advisability of asking that the
corp be shut down during appeal
Mr. L. When we find out from your firm that there is a possibility
of such action. I will give it to our solicitor right away.
Mr. J. I feel that if the corp could be shut down, it would
encourage a prompt settlement of the whole matter.
Mr. L. The tribe should have been given full knowledge of the
proceedings of the matter & it may have been done but now you are better
organized & on top of the issue & can benefit by it.
Mr. L. asked Newt to check up on reasons for the money being held in
escrow & the status of that issue.
Mr. Hobbs. We will check our findings with the tribe & then submit
to you a letter explaining what we feel your powers are in the matter.
Mr. L. If it does come to us on remand we will encourage action on
the matter as soon as possible, we don't want to short circuit the
Bureau but in the interest of time we may handle some of this from this
office after agreement with the commissioner.
Mr L. We will look into
(1) Can the policy be reversed reholding money in escrow?
(2) What should the scope of our consideration be, ie., limited or
consider the whole case?
Mr L. If the tribe & the committee wants a complete review, & our
solicitor agrees, that is what we will do:
Other than the above
I will take no action until 001205 (the end of the appeal period.)
Mr Hobbs - we will use our findings to try to influence the corp.
not to A1. an appeal
HEL-009-2153-2169
HEL-009-2153-2169
MAYNARD, D
691114
CORRESPONDENCE
GAY, N BIA
OPTIONAL FORM NO. 10
620500 EDITION
UNITED STATES GOVERNMENT
Memorandum
691114
TO: Central Office Staff
FROM: Division of Tribal Operations
SUBJECT: Quinault Delegation -- 691119
Delegates Expected:
James Jackson, President
Joseph DeLaCruz, Business Manager
Jerry Straus, Tribal Attorney
Hellen Mitchell
A conservation award will be presented to the Quinault Tribe by Keep
America Beautiful, Incorporated in New York City on 001118. These
delegates will receive this award on behalf of the tribe. They will
stop in Washington, D. C., for meetings with the following:
Wednesday-001119:
10:00 A.M. Assistant Secretary Loesch, Room 4100, Interior Building
11:00 A.M. Commissioner Bruce, Room 233
1:00 P.M. Economic Development, Room 340 Realty, McGoodwin, Rm 314
2:30 P.M. Transportation (Roads), Rodney Dunlap, Acting Chief Room
419, 801 19th Street, N. W.
At the conclusion of any conferences held with members of the Bureau
the representative of the Division responsible for the substance of the
discussion should prepare a letter for the Commissioner's signature
summarizing the exchange. Such letter should be addressed to the
President of the Quinault Tribal Council, through the Portland Area
Director. Copies should be made for each of the delegates, the
appropriate Assistant Commissioner, Area Director, Superintendent, and
the Division of Tribal Operations.
Additional meetings will be scheduled as needed. Anyone having any
questions or wishing to contact the delegation should phone the Tribal
Government Section on extension 33282 or 2511.
(ILLEGIBLE) Chief, Tribal Government Section Division of Tribal
Operations
HEL-009-2170-2170
HEL-009-2170-2170
CENTRAL OFC STAFF BIA
691023
CORRESPONDENCE
ODEGAARD, C H WA STATE PARK COMM
691113
Bob.
This may be of interest to you & also use for verifying material for
next week
Joe W.
RECEIVED
691023
WASHINGTON STATE PARKS & RECREATION COMMISSION
7150 CLEANWATER LANE PHONE 753-5733 THURSTON AIRDUSTRIAL CENTER P.O.
BOX 1126 OLYMPIA, WASHINGTON 93501
DANIEL J. EVANS GOVERNOR
COMMISSIONERS
MRS. ELEANOR BERGER
JEFF D. DOMASKIN
JOE W. (ILLEGIBLE)
RALPH E. MACKEY
JAMES G. MCCURDY
JAMES W. (ILLEGIBLE)
WILFELD WOODS
CHARLES M. ODICAARD.
DIRECTOR
691027
Mr. Harold L. Patterson, Chairman
Quinault Tribal Planning Council c/o Taholah Public Schools P.O. Box
1058 Taholah, Washington 98587
Dear Mr. Patterson:
Mr. Webster and I certainly appreciated the meeting the other day and
the progressive outlook as set forth by you and members of the Council.
It is perhaps well that I reiterate here what we offered at that
meeting, as it might be of value to you in your planning. It should be
noted that all of these do, of course, require final Parks Commission
and Legislative authorization but, at the same time, I wish to relate
that I have discussed this in depth with the Parks Commission since that
meeting and find one hundred percent support.
1. We would patrol and maintain your beaches just as we have on the
beaches south of you. Within this framework, we would look forward to
dealing with the Tribal Council in the hiring of your youths. We would
envision this program being on a two year basis to enable us to budget
accordingly. Natrually, the Tribe would reserve the right to cancel the
program should they become dissatisfied.
2. We would participate in the construction of access to, as well as
areas for, modern comfort stations and parking. These we would envision
being located as often as needed for the entire twenty-five mile stretch
of beach. For these areas we would either want fee title or a lease of
sufficient length to amortize the capital cost.
691023
Harold L. Patterson
3. We would construct trails from these parking areas to the beach
as we concur with you that there should be no cars on the beach.
We believe strongly not only in the rights of the Quinaults but in
all private rights. We would suggest to you that this belief, which is
evidenced by our workings on the other beaches and not by theory alone,
should be of concern to you in the selection of who you want to assist
with your beach program.
We would also suggest that our three years of experience lends to
doing a job which would meet your desires to properly preserve the
quality of your beaches.
At present we are in the process of preparing our 710000-730000
budget. Therefore, should our proposal seem to meet your needs, we
would appreciate being so notified as we would like to work with you in
the preparation of our budget request. Further, the 700000 special
session of the legislature will start in 000100 and, should this meet
your approval for the 700000 summer season, we would want to work with
the Office of the Governor and the legislature with regard to a
supplemental budget for beach maintenance during the next fiscal year.
To the end of continuing this cooperation with you, I am requesting
Mr. James Webster to be in telephone contact with you upon receipt of a
copy of this letter and to learn of your considerations.
Sincerely
Charles H. Odegaard Director
CHO:ls
cc: Mr. James Jackson, Chairman Tribal Council
Mr. Joe De La Cruz, Business Agent
Mr. S. A. Lozar, Assistant Superintendent Bureau of Indian Affairs,
Hoquiam Field Station P.O. Box 120, Hoquiam
State Parks and Recreation Commission
Mr. James Webster.
A few days in advance of Delegation's arrival prepare a memo
announcing the delegations schedule Illegible. Request by Wyman Babby
on 691029
Quinault Delegation
Information received from Wyman Babby on 691027 indicated the
following:
1. James Jackson, President, and likely some other delegates will be
going to New York for 001117 & 001118 to receive the "Keep America
Beautiful Award"
2. The delegates will be in Washington, D.C. on 001119 & 001120 and
want to meet with Asst. Secretary Loesch re. the stumpage adjustment
appeal, now in the Department.
Check this out with 33163 Forestry (ILLEGIBLE)
Consult with Paul Weston
Advise Wyman Babby of further details or discussion topics. (Told
Wyman on 001028 about
(ILLEGIBLE)
Arrange a meeting with Mr Loesch for the PM of the 000019 or the AM
of the 000020 Called Grace, on 001027 she will call back. 001119 at
9:30 AM in Mr. Loesch's office
Delegates are requesting Area Director & Supt. to accompany them to
Wash.
001028 phone call from Joe Wagner
670621 letter from American Friends Suc. Comm.
Quinault Ordinances No. 1, 2 & 3 signed
Ord. No. 1. 670325 2. -Bldg. Permits & trailers 3. Wilderness Area:
re. closing of Beaches.
Zoning Ordinances.
have they been approach?
According to card index file:
Ord. 1. interim zoning reg's pending adoption of comprehensive
zoning ordinance. enacted 670325 charged to Realty 670809
Ord. 2. interim building permit & trailer ordinance enacted 670325
charged to Realty 670809
Ord. 3. interim utility reg's. enacted 670325 charged to Realty
670809
decline by Asst Sec. 680426
Called Don Maynard 691028. He will check on the disposition of these
enactments & let me know. Don called 691028
Advise Joe Wagner & the Commissioner's Office (Wyman Babby) of the
fact that the topic of creating a Wilderness area & these (ILLEGIBLE)
ordinances may be brought up by Jim Jackson during hsi 001119 visit in
Wash, D.C.
MEMORANDUM OF CALL
TO: Mr. Farring
YOU WERE CALLED BY Mr. Maynard
MESSAGE
The resolution 1 & 2 were approved 680426 & Ordinance 3 declined &
not approve. Hostile if needed.
Notified Wyman of this on 691029
Mr. Loesch 001119 9:30 appt already arranged
Clarence Saub recently from Portland Area has the files on the 3
Quinault Ordinances.
(Roalty)
info from Wyman Babby on 691027
Quinault
001117 & 001118 - in NY to receive Keep America Beautiful Award
001119 & 001120 - in Wash want Supt & A.D. present to discuss:
Stumpage adjustment appeals now in the Dept
Advise Forestry
Arrange Mtg PM of 000019 or AM of 000020 with Mr. Loesch
Check with Paul Weston for further info
Advise Wyman Babby re. details (ILLEGIBLE) any other discussion
topics
Quinault memo
Send copies to: PLM 100 101 103 300 (Mr Corke) 310 (Wagner) 350 (Mr
Maynard) 350 (Mr Clarence Saub) 800 840 (Mr Dunlap) 400 435 (Walz Parks,
pennington, Lovell) 500 510 (Perkins) 600 900 (make 10 copies for R.
Farring)
HEL-009-2171-2182
HEL-009-2171-2184
PATTERSON, H L QUINAULT TRIBAL PLAN
691114
CORRESPONDENCE
TRIBAL OPS
Copies of This should be ready for distribution by For PA on Monday
the latest Thanks.
Typed 691114
Memo:
TO: Central Office Staff
From: Tribal Operations
Subject: Quinault Delegation 691119
Delegates Expected:
James Jackson, President
Joseph DeLa Cruz, Business Mgr.
Jerry Straus, Tribal Atty.
A conservation will be presented to the Quinault Tribe by award from
Keep American Beautiful, Inc., in New York City on 001118. These
delegates will receive this award on behalf of the tribe. They will
step in Washington D.C. for meetings with the following.
Wednesday, 001119
10:00 AM Asst. Secretary Loesch Rm 4100 Interior Bldg.
11:00 AM Commissioner Bruce Rm 233
1:00 PM Economic Development Rm 340 Deputy Asst Commissioner Corkes
2:30 PM Transportation (Roads) Rm 419 Rodney Dunlap, (ILLEGIBLE)
801-19 NW
At the conclusion of any conferences held with members of the Bureau
the representatives of the Division responsible for the substance of the
discussion should prepare a letter for the Commissioner's signature
summarizing the exchange. Such letter should be addressed to the
President of the Quinault Tribal Council, through the Portland Area
Director. Copies should be made for each of the delegates, the
appropriate Assistant Commissioner, Area Director, Superintendent and
the Division of Tribal Operations.
Additional meetings will be scheduled as needed. Anyone having any
questions or wishing to contact the delegation should phone the Tribal
Government Section on extension 33282 or 2511.
Chief, Tribal Government Section Division of Tribal Operations.
HEL-009-2183-2184
HEL-009-2171-2184
CENTRAL OFC STAFF BIA
691104
CORRESPONDENCE
BRUCE, L BIA
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20242
OFFICE OF LOUIS R. BRUCE THE COMMISSIONER
691104
Babby:
Request from the Quinault Tribe to have an appt. with the
Commissioner, the Branch of Roads, and the Asst. Commr. for Economic
Development, during the period 001119-001121.
Do you want to reply to him, giving specific appointment times?
Yes
ewp
These arrangements are already made, including the appointment with
Louis which we made. Let Bob Farring handle this.
10:30 AM
11-19
HEL-009-2185-2185
HEL-009-2185-2186
BABBY BIA
691030
CORRESPONDENCE
DELACRUZ, J QUINAULT TRIBAL AFF
RECEIVED
691103
QUINAULT TRIBAL AFFAIRS
Quinault Indian Reservation TAHOLAH, WASHINGTON 98587
OFFICERS:
JAMES JACKSON Chairman
HORTON CAPOEMAN Vice-Chairman
ALICE CHENOIS Secretary
PHILLIP MARTIN Treasurer
COUNCILMEN:
JOHN SHALE
BENNY CHARLEY
FRANK CAPOEMAN
JESSIE CURLEY
PHONE BRoadway 6-5736
691030
Mr. Louis Bruce Commissioner of Indian Affairs Dept. of the Interior
Washington, D. C. 20000
Dear Mr. Bruce:
It was a pleasure to meet with you during the National Congress of
American Indians Convention in New Mexico.
The Quinault Tribe will receive a conservation award from Keep
America Beautiful, Inc., in New York City on 691118. Mr. James Jackson,
Quinault Tribal Chairman and I will receive this award on behalf of the
Quinault Tribe.
We have an appointment with Assistant Secretary Loesch, 001119, 9:30
a.m. We will be in Washington, D. C. until Friday, 001121, and if
arrangements can be made we would appreciate a meeting with you and some
of your department heads during our stay there. We are most interested
in meeting with the head of the Bureau of Indian Affairs, Branch of
Roads and the Chief, Branch of Economic Development.
We would appreciate it if you would let us know as soon as possible
if these meetings can be set up for any of the above mentioned dates.
Sincerely yours,
Joseph DeLaCruz Business Mgr., Quinault Tribe
HEL-009-2186-2186
HEL-009-2185-2186
BRUCE, L DOI BIA
691114
CORRESPONDENCE
GAY, N BIA TRIBAL OPS
UNITED STATES GOVERNMENT
MEMORANDUM
631114
TO: Central Office Staff
FROM: Division of Tribal Operations
SUBJECT: Quinault Delegation 691119
Delegates Expected:
James Jackson, President
Joseph DeLaCruz, Business Manager
Jerry Straus, Tribal Attorney
Hellen Mitchell
A conservation award will be presented to the Quinault Tribe by Keep
America Beautiful, Incorporated in New York City on 001118. These
delegates will receive this award on behalf of the tribe. They will
stop in Washington, D. C., for meetings with the following:
Wednesday 001119:
10:00 A.M. Assistant Secretary Loesch, Room 4100, Interior Building
11:00 A.M. Commissioner Bruce, Room 233
1:00 P.M. Economic Development, Room 340 Realty, Mr. Goodwin Rm 334
At the conclusion of any conference held with members of the Bureau,
the representative of the Division responsible for the substance of the
discussion should prepare a letter for the Commissioner's signature
summarizing the exchange. Such letter should be addressed to the
President of the Quinault Tribal Council, through the Portland Area
Director. Copies should be made for each of the delegates, the
appropriate Assistant Commissioner, Area Director, Superintendent, and
the Division of Tribal Operations.
Additional meetings will be scheduled as needed. Anyone having any
questions or wishing to contact the delegation should phone the Tribal
Government Section on extension 33282 or 2511.
(ILLEGIBLE) Chief, Tribal Government Section Division of Tribal
Operations
HEL-009-2187-2188
HEL-009-2187-2188
CENTRAL OFC STAFF BIA
680304
CORRESPONDENCE
BENNETT, R L DOI BIA
Education
680304
Through: Area Director, Portland, Oregon 97208
Mr. James Jackson Chairman, Quinault Tribe Western Washington Agency,
Montana 98201
Dear Mr. Jackson:
On 680220, a member of the education staff of the Bureau of Indian
Affairs met with Mr. Joe DeLaCruz, Business Manager of the Quinault
delegation, in room 211 of the Bureau of Indian Affairs Building.
Bureau officials attending the conference were:
Mr. Edger L. Wight, Assistant Chief, Branch of Public School
Relations
Mr. John Gordon, Assistant Superintendent, Hoquiam Sub Agency
The purpose of the meeting was to discuss the financial problems of
the Taholah School. The conclusions reached were as follows:
Until school year 670000-680000, the Taholah School has been cleaned
as a Third Class District for purposes of Public Law 874. This
classification provided a payment of $283 per student who lived on
Federal property and whose parents do not work on Federal property. The
same one-half rate applies to children whose parents work on Federal
property, but do not live on Federal property. (Class B Students)
For school year 670000-680000 the Taholah School is classed as a
Special Class 3 District and will receive a rate of approximately $495
for each Class A student. For Class B students the school will receive
1/2 of $495 per student.
Based on these facts, which were gained through speaking with
officials of the Office of Education, Division of Federal Impact,
Washington, D.C., the school district should receive an increase of
approximately $18,525 over last year. Calculations are based on 75
students @ $495 and 25 students @ $247. In addition there is a
possibility that $5,320 may also be received by the district of
deductions are not made by the State for other Federal income to the
district.
The Taholah School District could re-apply under Section 3 C 4 of
Title I, P.L. 874, for the purpose of seeking additional funds. Under
this section a district must show that 50 percent or more of the Indian
children are living on Federally connected property. The Taholah School
Superintendent and school board should discuss this with Superintendent
Patterson and with Mr. Robert Lindemuth in the State Department of
Education at Olympia to determine whether it would be to the district's
advantage to file another application under Section 3 C 4.
The matter of the death of the one Taholah student, Vernon Hurst, was
brought up for comment. The delegation mentioned that a report from the
Bureau of Indian Affairs on this matter would be appreciated,
particularly by the mother of the student. Mr. Gordon stated that he
thought a report had already been made on the death.
It was a pleasure to meet with Mr. DeLaCruz and discuss these matters
with him as a representative of the Quinault Tribe.
Sincerely yours,
(SGD.) ROBERT L. BENNETT Commissioner
cc: Area Director, Portland Area Office, B.I.A., Portland, Oregon
97208 Superintendent, Western Washington Agency, Everett, Washington
98201 435 - Tribal Operations.
HEL-009-2194-2195
HEL-009-2194-2195
JACKSON, J QUIN TRIBE W WA AGEN AREA DIR
680216
CORRESPONDENCE
GAY, N BIA WASH DC
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Washington, D. C. 20242
680216
Memorandum
To: Central Office Staff
From: Branch of Tribal Operations
Subject: Quinault Delegation -- 680220-680223
Delegates expected:
James Jackson, Chairman
Joe DeLe Cruz, Business Manager
John Gordon, Assistant Superintendent, Hoquiam Sub-Agency
The following meetings have been scheduled:
Tuesday, 000220 Room 9:30 a.m. Congresswoman Hanson
........................................ . 10:30 a.m. Tribal Operations
......................131 ................ . 11:00 a.m. Division of
Education, Mr. Edwight .....211 ................ . 2:30 p.m. Law and
Order, Mr. Range ...............145 ................ . 4:00 p.m.
Assistant Commissioner Cormack .........134 ................ .
...Wednesday, 000221 ..................................................
. 8:30 a.m. Forestry, Mr. Skarra ...................310
................ . 10:00 a.m. Commissioner Bennett and James Officer
233 ................ . Assistant to Secretary Udall
.......................................... . 11:15 Sgt (ILLEGIBLE) -
OEO ........................................... . 12:45 p.m.
............................................................ . Public
Health Service
Mr. Robert Drew
A PRS vehicle will pick up the delegates in front of the BIA Building
@ 12:45
Congresswoman Hanson's Office will schedule meetings with the
following
OEO -- Mr. Shriver
Senate Subcommittee on Education
Letters should be prepared for the Commissioner's signature by the
appropriate staff members involved, setting forth the subjects discussed
and any conclusions reached. Such letters should be directed to the
Chairman of the Quinault Tribe through Area Director, Portland. Copies
will be needed for the Area Director, Superintendent and the Branch of
Tribal Operations.
Additional meetings will be scheduled as needed. Anyone wishing to
contact the delegation should phone the Tribal Government Section on
Extension 33282.
(ILLEGIBLE) Chief, Tribal Government Section Branch of Tribal
Operations
HEL-009-2196-2197
HEL-009-2196-2197
CENTRAL OFC STAFF BIA WASH DC
680200
CORRESPONDENCE
WESTON, D BIA PORTLAND
RECEIVED
680214
(83138 EVDEG
RAAUIJAZ RUWLRPG0001 0452050-UUUU--RUEVDEG. 101A
FM DAVID P. WESTON ACT. ASSIST. AREA DIRECTOR BIA PORTLAND ORE
TO COMMISSIONER OF INDIAN AFFAIRS ATTN TRIBAL OPERATIONS WASHINGTON
D.C.
BT
QUINAULT DELEGATION, INCLUDING JOHN GORDON, ASST. SUPT., HOQUIAM
SUB-AGENCY, WILL ARRIVE WASHINGTON, D.C. AFTERNOON OF 000219. THEY WANT
MEETINGS SET UP WITH COMMISSIONER, PERRY SKARRA, BILL BENGE, CHARLES
ZELLERS, WM. CARMACK, AND JAMES OFFICER ON THE FOLLOWING DATES 20, 21,
22, 23. THEY ALSO PLAN TO MEET WITH MR. SHRIVER, OEO, AND PUBLIC HEALTH
OFFICIALS WHICH MEETINGS WILL BE SCHEDULED THROUGH QUINAULT TRIBAL
ATTORNEYS. PERHAPS YOU CAN COORDINATE THE DATES OF MEETING WITH THE
BUREAU OFFICIALS WITH THE TRIBAL ATTORNEYS.
BT Thru Haron's office
HEL-009-2198-2198
HEL-009-2198-2198
COMM DOI BIA
680125
CORRESPONDENCE
BENNETT, R L DOI BIA WASH DC
680125
DALE M. BALDWIN, AREA DIRECTOR BUREAU OF INDIAN AFFAIRS PORTLAND,
OREGON
RE YOUR LETTER 000112 ASSISTANT SUPERINTENDENT GORDON AUTHORIZED TO
ACCOMPANY QUINAULT DELEGATION TO WASHINGTON, D. C., THIS MONTH.
APPRECIATE LEARNING EXACT DATE AND SUBJECTS TO BE DISCUSSED SOON AS
POSSIBLE SO THAT APPROPRIATE MEETINGS MAY BE SCHEDULED.
(SGD.) ROBERT L. BENNETT COMMISSIONER
cc: Supt., Western Washington Agency Surname Chrony Mailroom Holdup
Wagner:pw 680118
Patsy B. Wagner Clerk-Stenographer
HEL-009-2199-2199
HEL-009-2199-2199
BALDWIN, D BIA PORTLAND
680112
CORRESPONDENCE
ASST AREA DIR BIA PORTLAND
PORTLAND A.O. 1-12-68 1-25-68
No. 29
WESTERN WASHINGTON AGENCY REQ AUTHORIZATION FOR JOHN GORDON TO
ACCOMPANY THE QUINAULT TRIBAL COUNCIL DELEGATION TO WASHINGTON D,C.
2C LRP 435
PORTLAND A.O. 1-12-68 1-25-68
No. 29
WESTERN WASHINGTON AGENCY REQ AUTHORIZATION FOR JOHN GORDON TO
ACCOMPANY THE QUINAULT TRIBAL COUNCIL DELEGATION TO WASHINGTON D, C.
2C LRP 435
HEL-009-2200-2201
HEL-009-2200-2220
COMM DOI BIA
680112
CORRESPONDENCE
ASST AREA DIR BIA PORTLAND
RECEIVED 680116
IN REPLY TO: Tribal Operations
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
680112
Commissioner of Indian Affairs
Washington, D. C. 20242
Attention: Tribal Operations
Sir:
Mr. James Jackson, Chairman of the Quinault Tribal Council, has
indicated that he and Tribal Business Manager, Joe DeLaCruz, will be
coming to Washington the latter part of 000100. He has requested that
Assistant Superintendent John Gordon, from the Hoquiam office, accompany
the delegation.
Superintendent Felshaw has recommended that Mr. Gordon be authorized
to accompany the delegation. We strongly feel that Mr. Gordon should
accompany the delegation. It is requested that you authorize him to
come to Washington with them. We will inform you as soon as final dates
of the delegation's visit are determined.
Sincerely yours,
Richard (ILLEGIBLE) Assistant Area Director
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.
RECEIVED
680114
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Form 5-490
670800
Report 53-4F
AGENCY ANNUAL REPORT
BRANCH OF FORESTRY
CALENDAR YEAR 670000
Agency Western Washington
Reservations:
1. Chehalis 10. Quileute
2. Hoh 11. Quinault
3. Lummi 12. Skokomish
4. Makah 13. Shoalwater
5. Muckleshoot 14. Squaxin Island
6. Nisqually 15. Swinomish
7. Ozette 16. Tulalip
8. Port Gamble 17. Public Domain Altms.
9. Port Madison
Prepared by Vernon S. Halbert Forestry Technician
Approved by Don W. Clark Forest Manager
REPORT No. 53-4F (Revised 670800)
Do not show fractions of acres; less than thousand board feet; nor
cents, except where cents are specifically required.
INSTRUCTIONS AGENCY ANNUAL REPORT BRANCH OF FORESTRY
GENERAL
All copies of this report are due in TRIPLICATE on or before 000115,
in the office of the Area Director. The original of the report is due
in the Washington Office on or before 000201. The report should be
approved by the officer in charge of the agency or his duly authorized
representative.
All data shown should be accurate and in accord with other reports,
covering the same information, submitted by the agency, i.e., Forest
Service Annual Forest Fire Report-Part III; Land Operations Report 50-1
(Form 5-210) Land Use Inventory and Production Record; and Real
Property Management Report, Form 5-152 650300; the "ownership" portion
of Annual Report of Caseloads, Acreages Under BIA and Surface Leasing
000630.
One report only should be submitted for reservations with ceded and
diminished lands. Separate reports shall be prepared for Public Domain
allotments and government-owned lands outside of the reservation
boundary under the jurisdiction of the Bureau. All tables are to broken
down by States. Summary sheets shall be made for reservations lying in
mere than one State, and for the agency when more than one reservation
is under the jurisdiction thereof. All pages of statistical tables of
the same number shall be grouped and arranged alphabetically by States
and by reservation in each case.
If a form is not applicable, that fact shall be so indicated. The
words, "not applicable" should not be confused with "none"; if the data
are not available, an estimate shall be made and so indicated.
Definitions for the terms used in Fire portion of this report will
comply with the Department Handbook on Individual Fire Report Form
DI-1200 and the Bureau Supplemental Instructions to this Handbook.
MAPS
All maps should have a title, show the year, legend, initials of
person preparing map, and show the date the map was prepared. In
folding, use the standard bellows feld, with title exposed in lower
right hand corner, as described in Plate II, Symbols and Instructions
for Maps and Plans, U.S. Department of the Interior, 410000.
MAPS REQUIRED: Timber Sale Unit Map: Show timber sale units, both
completed and active, outover and uncut areas, and show area outover
during the calendar year.
Fire Map: Show location of fires occuring during calendar year.
Indicate class of each fire, using appropriate legend symbol.
TABLES
PAGE 1. SUMMARY OF ALL TIMBER CUT
Single payment contract sales and all permits shall be reported for
the calendar year during which the contract was approved or the permit
issued.
Timber Cut in Trespass, including that seized and sold under contract
should be reported only once as Timber Cut in Trespass.
Show all volumes to nearest thousand feet B.M. and value to nearest
dollar in Tables A, B, C, & D; show stumpage rates in Table E to
nearest cent. Stumpage calculations should exclude receipts of products
not convertible to board measure and footnoted for clarification.
Table A. is the total of Tables E, C, & D.
Table B. is the total of Page 2 and Table A of Page 4.
Table C. is the total of Tables B & C of Page 4.
Table D. columns 4 through 9 are to be compiled from Agency Records.
Table E. Average Stumpage Rates. Show rates to the nearest cent.
Ea obtain by dividing 1-A-a-3 by 1-A-a-2
Eb obtain by dividing 2-a-4 by 2-a-3
Ec obtain by dividing 4-A-a-5 by 4-A-a-2
Ed obtain by dividing 1-C-a-3 by 1-C-a-2
Ee obtain by dividing 1-D-a-3 by 1-D-a-2
PAGE 2. TIMBER CUT UNDER CONTRACT - BY UNITS
Record number of contracts in column 2 line a, b, & c.
To report Timber Cut under contract from Government Land, use an
additional page 2, record the data in the column provided for Tribal,
and change the heading to read "Government." Carry these figures ahead
to the total column.
PAGE 2. TIMBER CUT UNDER CONTRACT - BY UNITS & PAGE 3. TIMBER CUT
UNDER CONTRACT - BY SPECIES
Volume and receipts of penalty payments received from uncut timber
shall be included as part of Total. The volume and value shall be
footnoted at bottom of page. Christmas tree sales and sales of other
products not convertible to board measure should be reported as to the
piece count and receipts.
PAGE 3. TIMBER CUT UNDER CONTRACT - BY SPECIES
Totals shown in columns 1 and 2 should equal totals shown on page 2,
columns 3 and 4. Average Rate per M, column 3, total, should equal Page
1, Table E, line b.
The calculation of average rate per M. columns 3 & 6, should exclude
the receipts from products not convertible to board measure.
PAGE 4. TIMBER CUT OTHER THAN UNDAR CONTRACT
Table A, column 1, record number of permits by land status. Include
number, volume and value of Special Allotment Timber Cutting Permits in
Table A with footnote at bottom of page showing number, volume and value
of these permits.
Table B, Include timber cut under provisions of 25 CFR 141.19(b)
Record the number of permits in column 1.
Table C, Include timber cut under provisions of 25 CFR 141.20.
Table D, Kind and Amount of Products Shown in Above Tables. Show
stumpage rates on basis of forest products listed. (Do not convert to
M.B.M.) PAGE 5. ANNUAL FIRE REPORT
Table A. AREA IN ACRES REQUIRING PROTECTION BY BUREAU. Report only
the acreage of Indian trust land, Government land, and State and private
land for which the Bureau assumes protection responsibility. (Do not
report acreage of Indian and Government lands not requiring any
protection. i.e., desert lands, lakes, and most irrigated lands.)
Total Area, Line a, should equal Totals Line g (Forest plus
Non-Forest)
State and Private Area, Line b, should equal Totals Line h (Forest
plus Non-Forest)
Total Area, Line c, should equal Totals Line 1 (Forest plus
Non-Forest)
Table A-I. INDIAN AND GOVERNMENT LANDS NOT REQUIRING PROTECTION.
Report the total acreage of Indian and Government lands requiring no
protection, i.e., desert lands, lakes, and most irrigated lands, etc.
Total Acreage in Table A. Line c, plus acreage in Table A-I should
agree with Real Property Management acreage records (Form 5-152).
Table B. NUMBER AND CLASS OF FIRES BY CAUSE AND AREA BURNED.
Sub-Section I. Report data according to land ownership status where
fire originated. Total number of fires shown in tables listed below
should agree (read horizontally) as follows:
Page 5 Table B, Sub-section I Line a, Columns 1, 2, & 3 Lines a
through 1, Columns 1, 2, & 3
Page 8 Table E, Sub-section I Column 1, Lines a, b, & c
Page 9 Table G Line a, Columns 1, 2, & 3 Lines a through i, Columns
1, 2, & 3
Sub-Section II. Report acreage burned, Class A through G (Note:
Class A is to be included.)
Page 5, Table B, Sub-section II, Columns 1, 2, & 3
Page 7, Table D, Line a, Columns 1, 2, & 3
Page 8, Table E, Sub-section II, Column 1, Lines a, b, & c
Page 6
Table C. SUPRESSION COST BY CAUSE. Suppression costs should include
all Federal funds (1800 & 1810). and all Tribal funds (Appropriated &
Local) expended on actual suppression of wildfires. Cost includes:
Personal Services: Supplies: Employer Contributions: and
miscellaneous expenses of personnel engaged in suppression of wildfires.
Do not include prevention or pre-suppression costs, such as emergency
standby.
Table C-I. FIREFIGHTER MAN-HOURS EXPENDED ON FIRE SUPPRESSION BY
TYPE OF EMPLOYEE. Column 2. Regular employees (permanent or year-long
employees). Enter man hours of regular and extra-duty (Overtime &
Holiday) expended in suppression of wildfires.
Column 3. Seasonal Employees (Temporary or part time Fire Control
Aid employees). Enter man hours of regular and extra-duty (Overtime &
Holiday) expended in suppression of wildfires.
Column 4. Emergency Employees (WAE employees). Enter man hours of
regular and extra-duty (Overtime & Holiday) expended in suppression of
wildfires.
Do not include prevention, presuppression or emergency presuppression
man hours.
PAGE 7
Table D. AREA BURNED AND DAMAGE BY CAUSE. Area burned should check
with acreage burned on Page 5, Table B, Sub-section II. Total dollar
damage should agree in the following tables:
Page 7, Table D, Line a, Columns 4, 5, and 6
Page 8, Table F, Column 1, Lines a, b, and c
PAGE 8
Table E. NUMBER OF FIRES AND AREA BURNED BY LAND TYPE. See
checklists for page 5, Table B, Sub-section I for number of fires, and
Sub-section II for area burned.
Table F. DAMAGE IN DOLLARS BY LAND TYPE. See checklist for Page 7,
Table D.
PAGE 9.
Table G. NUMBER OF FIRES BY CAUSE AND RESPONSIBILITY CLASS. See
checklist for Page 5. Table B, Sub-section I.
PAGE 10. TIMBER RESOURCE DATA
Table A. Forest Land Area and Volume of Timber. Show acre figures
to the nearest acre and volumes in thousand board feet Scribner Rule.
The categories of forest lands are defined below. Volumes should
include all merchantable trees. These are trees of size and quality
suitable for marketing and utilization. They may or may not be
accessible for logging. For reservations that sell or measure pulpwood
in cords, the cord volume is to be converted to thousand board feet
using the Standard Converting Factors in the tables on page vi.
Reduce virgin commercial forest land acreage, line c, according to
virgin area cutover during the year, shift the acreage and residual
volume on cutover area to cutover commercial forest lands, line d.
Deplete volume cut in accordance with timber cut. Volume depleted
should agree with Grand Total All Cutting, page 1-A-a-2.
Total acre figures in this table should agree with acre figures in
Table A. page 5. as follows:
Table A. page 10 Equals Table A. page 5
Col. 2. Line a Equals Forest Total COL. Line 1
Col. 2. Line b Equals Forest Com. Col. Line 1
Col 2. Line c Equals Forest Non-Com. Col..Line 1
Table B. Predominant Species. Enter species names in appropriate
spaces. If more space are needed, use additional page 10's.
Deplete volume cut by species. Volume depleted should agree with
Grand Total All Cutting, page 1-A-a-2.
Total volume by species, line a, b, and c, should agree with Table A
column 3, line a, b, & e on page 10.
Table C. Forest Inventory. Fill in information as indicated. Growth
plots are considered permanent plots installed in the forest with
definite plans for remeasurement at a future date to collect gross
growth and mertality for the calculation of net growth.
Table D. Timber Management Plan. Fill in information as indicated.
Allowable cut should be on an annual basis and show measurement units as
they are shown in the timber management plan. For example, if the plan
shows both board feet and cords for the annual cut, these same units
should appear here.
PAGE 11. TIMBER STAND IMPROVEMENT AND REFORESTATION ACCOMPLISHMENTS
AND BACKLOG BY ACREAGE.
Acres are the only units of measure to be recorded. Show the figures
to the nearest acre. Column 2 "Backlog Beginning C.Y. ": Give backlog
at the beginning of the calendar year for which you are reporting. This
backlog should agree with Column 12, Backlog end of previous calendar
year. Column 11, "Acreage Accrued During Year": Report total acreage
accruals, even if work on some was accomplished during calendar year.
Discretion should be exercised in designating acreage accurals between
the two lines "Planting" and "Seeding." Possibility of natural
regeneration in clearcut logging blocks should be considered when
reporting annual accruals.
The accomplishments reported for "Planting" and "Seeding" should
agree with the "Forest" portion of the "Annual Report of Forest and
Windbarrier Planting." Avoid reporting duplications, especially where
more than one program contributes to project accomplishment. For
example, if supervision of a project is performed under the E.O.A.,
Title 1-C (work-study), and the labor by Job Corp enrollees, the
accomplishments should be divided between the two program
indentifications: No. 3 - Column (3), and No. 4 - Column (6).
Column (2) minus Column (10) plus Column (11) = Column (12).
DEFINITIONS
FOREST LANDS: Includes (a) lands which are at least 10% stocked by
trees of any size and capable of producting timber or other wood
products, or of exerting an influence on the climate or on the water
regime: (b) land from which trees described in (a) have been removed to
less than 10% stocking and which have not been developed for other use:
(c) afforested areas; and (d) chaparral areas. Forest lands should not
be so broad as to include all land which might conceivably support
timber nor should it apply to extensive areas of brush and grass lands.
The minimum area that qualifies as forest land is one acre in the East
and 10 acres in the West. Roadside, streamside, and shelterbelt strips
of timber, in addition to meeting above requirements, must be at least
120 feet wide to qualify as forest land.
COMMERCIAL FOREST LANDS: Forest land which is (a) producing or is
capable of producing usable crops of wood (pulpwood and/or saw timber),
and (b) economically available new or prospectively.
NON-COMMERCIAL FOREST LANDS: Forest land (a) incapable of yielding
usable wood products (pulpwood and/or saw timber) because of adverse
site conditions, or (b) so physically inaccessible as to be unavailable
economically in the foresceable future.
STANDARD CONVERTING FACTORS
Table not keyed, see original
FORESTRY ACTIVITIES QUINAULT INDIAN RESERVATION CALENDAR YEAR 670000
TIMBER SALES:
Crane Creek and Taholah Units:
Again, the greatest work effort was expended on the administration of
the Crane Creek and Taholah Timber Sales and other smaller sales on the
Quinault and Makah Reservations. Production from the Crane Creek Unit
for the year was 66,312,000 feet, board measure, for a total value of
$1,222,993. Production from the Taholah Unit was 74,810,000 feet, board
measure, for a total value of $909,625. The value reported for the
Taholah Logging Unit is the amount paid to Indian owners. Because of
the Appeal by the Aloha Lumber Corporation of the stumpage rates made
effective 660101, instructions were received to withhold the difference
between the rates made effective 641201 and those rates made effective
660101, in a special account. The value of this difference for 670000
amounted to $300,061.96. Since the case was taken to Federal Court by
the Aloha Lumber Corporation, this money must remain in special deposits
until a ruling is made.
Logging plans of Rayonier Incorporated and the Aloha Lumber
Corporation were reviewed in 671200. The review involved inspection of
the logging blocks in the field, on aerial photos and cut-out
comparisons with cut-over blocks. The size and shape of the blocks,
terrain, timber types and condition classes, percent of species and
other factors were taken into consideration. Volumes by species were
estimated. In recommending approval of plans, special request was made,
where necessary, for the operators to take maximum care in logging to
keep streams clear of logging debris and to protect fish populations.
Short-Term Sales:
A total of 8,421,000 feet, board measure, was cut and removed from
small sales on the Quinault Reservation. The total value of the timber
cut was $108,548. Two new timber sale contracts were prepared during
the year. Operations were completed on three small sales during the
year. The volume and value of timber cut on the Makah Reservation was
16,546,000 feet, board measure, for a total value of $272,345.
Ten Special Allotment Cutting Permits were issued, for the removal of
an estimated 19,128,000 board feet, valued at $437,688. Under one paid
permit, 12,000 board feet was removed for a value of $116.
FREE-USE PERMITS:
Seventeen Free-Use permits were issued during the year, of which 16
pertained to allotted land and one on Tribal land. Products cut under
these permits consisted mostly of cedar shakeboards. Estimated volume
removed was 848,000 feet, board measure, for an estimated value of
$7,057.
Percentage composition of all timber removed during the year was as
follows: western redcedar 48%, western hemlock 42%, Pacific silver fir
6%, Sitka spruce 3%, Douglas-fir and western white pine combined 1%, and
a tract of black cottonwood.
OTHER ACTIVITES:
Salvage operations produced 166,650 lineal feet of cedar poles
amounting to 882,000 board feet, and a value of $11,665. There were
655,126 shakeboards cut, containing 1,311,000 board feet, for a value of
$10,794. Removal of cordwood amounted to 15,752 cords or 7,137,000
board feet, for a value of $29,002.
FOREST INVENTORY:
Two tracts of 414 and 136 acres were cruised for timber sales. Ten
tracts were cruised for Special Allotment Cutting Permits. Fifteen
tracts were cruised for the Branch of Realty. Eight permanent inventory
plots were resampled on the Port Gamble Reservation. Fire damage was
cruised on nine parcels in the Queets area. Three study plots of three
acres each were planted in grasses to evaluate erosion control of the
Raft River fire. Douglas-fir and Sitka spruce seedlings were planted on
12 acres that were burned in the Raft River fire.
CHECK SCALING:
Approximately eight percent of the total log scale production on the
Quinault and Makah Reservations was check scaled during the year.
Results showed that Grays Harbor Scaling Bureau scalers performed an
acceptable scaling job.
STREAM CLEARANCE:
Special attention continues to be directed toward the problem of
stream clearance and the observation of logging adjacent to streams to
eliminate accumulations of logging debris in the streams. Stream
clearance requirements in contracts are being spelled out more
specifically than in the past.
FIRE PROTECTION:
The State of Washington continues protection of all Indian forest
lands in Western Washington. The total number of fires experienced on
all reservations was 27. The largest, the Raft River fire on the
Quinault Reservation, involved approximately 6,000 acres, of which 3,836
acres were cut-over lands containing logging slash. The fire burned
over 1,611 acres of Indian-owned lands, containing logging slash. The
total cost of suppression on all fires, from government funds, was
$129,009. Of this amount, approximately $125,959 represents the
Bureau's share of the total cost of $344,640.57 of suppression of the
Raft River fire.
SAFETY:
No lost time accidents were reported in the Branch of Forestry for
670000, as an active safety program continued.
Don W. Clark Forest Manager
Noted and Forwarded:
ILLEGIBLE Superintendent
FORESTRY ACTIVITIES MAKAH INDIAN RESERVATION
CALENDAR YEAR 670000
TIMBER SALES:
The maximum effort on the Makah Reservation has been the
administration of current timber sales. Total production for the year
was 16,546,000 feet, board measure, valued at $272,345. Two sales were
completed, one new sale approved, with two contracts active. Most of
the volume removed came from the Makah Peaks Logging Unit. Volume
removed was 9,521 M board feet, for a value of $124,547. Rasmussan
Creek Sale produced 5,045 M board feet, for a value of $111,936, and
Scow Creek sale produced 1,980 M board feet, for $35,862. There has
been no logging on the Archawat Blowdown Sale during the year.
Percentage composition of all timber removed during the year was as
follows: western hemlock 68%, western redcedar 19%, Pacific silver fir
10% and Sitka spruce 3%. Hemlock cordwood contributed 2,338 M board
feet to the total volume removed.
ALLOTMENT TIMBER SALES:
Although there has been a good demand for larger sales on tribal land
on the Makah Reservation, allotment sales have not created any
appreciable interest. One allotment sale consisting of 14 allotments
was proposed and cruised, but not appraised as yet. It is tentatively
planned to conclude this sale within the coming year.
PERMITS:
No Special Allotment Timber Cutting Permits were issued on the Makah
Reservation. Small parcels of timber are difficult to dispose of due to
the limited local facilities for processing logs for water shipment.
Trucking distances to market are too long to be practical. One Free-Use
permit was issued for the removal of cordwood for an estimated value of
$500. No paid permite were issued.
FIRES:
One recreational spot fire occurred during the 670000 season, with no
damage value nor cost to the government.
PLANTING:
One hundred fifty-two acres of logged-over land was planted with
Douglas-fir seedlings by the Job Corps during the year, before the camp
was disbanded.
SAFETY:
No on-the-job lost time accidents occurred to forestry personnel at
the Neah Bay Field Station.
Don W. Clark Forest Manager
Noted and Forewarded:
(ILLEGIBLE) Superintendent
FORESTRY ACTIVITIES OTHER RESERVATIONS CALENDAR YEAR 670000
Population growth and the demand for homesites, recreation areas and
commercial building sites on Puget Sound reservations still prompts an
inflations of land values to the point where forest management for the
production of sawtimber is of minor significance. As the Boeing Company
and others keep expanding in the area, the pressures will continue and
may even increase in the future.
TIMBER SALES:
There are no areas of standing timber large enough on these other
small reservations to support a sale of timber. The virgin old growth
was harvested years ago, and the second growth appears only in small
volumes.
PAID PERMITS:
Only one paid permit was issued for 32 M board feet of black
cottonwood for a total value of $208, and was on Public Domain land.
FREE-USE PERMITS:
Lummi Reservation - Six Free-Use permits were issued for the cutting
of 550 M board feet of red alder and black cottonwood for a total value
of $2,488. Products cut were 950 cords, 1,000 poles and 65 M board feet
of logs.
Port Madison: One Free-Use permit was issued for 20 M board feet of
Douglas-fir and 100 cords of alder, for a total value of $500.
Tulalip Reservation - Three Free-Use permit were issued for cutting
of 202 M board feet, in the form of 77 M board feet of cottonwood and
Douglas-fir sawlogs and 250 cords of red alder for a total value of
$1,174.
Public Domain - Three Free-Use permits were issued for cutting of 400
cords of red alder and 20 M board feet of black cottonwood for a total
value of $1,000.
Quileute Reservation - One Free-Use permit was issued to the Quileute
Tribe to remove 73 cords of spruce for a value of $219, for the purpose
of clearing land for a housing project site.
TRESPASS:
Due to the continuing efforts in trespass prevention, no new trespass
cases occurred on these small reservations in 670000.
FIRES:
A total of 20 small fires were reported as occurring on the Lummi,
Muckleshoot, Port Madison, Shoalwater, Skokomish, Swinomish and Tulalip
Reservation, Fifteen were Class A fires and 5 were Class B. Smokers
were responsible for 4, recreation 5, incendiary 2 and miscellaneous 9.
A total of 10 acres was burned. In most instances, the fires were only
spot fires, the largest acreage burned in any one fire was 4 acres.
Don W. Clark Forest Manager
Noted and Forwarded:
(ILLEGIBLE) Superintendent
The following pages are not included because there was no reportable
activity during the calendar year 670000.
Reservation Page Numbers
1. Chehalis 1 2 3 4 6 7 8 9 11
2. Hoh 1 2 3 4 6 7 8 9 11
3. Lummi 2 3 11
4. Makah 4
5. Muckleshoot 1 2 3 4 11
6. Nisqually 1 2 3 4 6 7 8 9 11
7. Ozette 1 2 3 4 6 7 8 9 11
8. Port Gamble 1 2 3 4 6 7 8 9 11
9. Port Madison 2 3 11
10. Quinault 2 3 6 7 8 9 11
11. Quinault
12. Skokomish 1 2 3 4 11
13. Sholwater 1 2 3 4 11
14. Squaxia Island 1 2 3 4 6 7 8 9 11
15. Swinomish 1 2 3 4 11
16. Tulalip 2 3 11
17. Public Domain 2 3 6 7 8 9 11
HEL-009-2202-2220
HEL-009-2200-2220
COMM DOI BIA WASH DC
721002
CORRESPONDENCE
GRAHAM, C
UNITED STATES GOVERNMENT
Memorandum
DATE: 721002
TO: Files
FROM: Coleen Graham
SUBJECT: Calendar Years 660000 through 700000 Annual Forestry
Reports Corrections based on distribution of funds withheld in stumpage
rate appeals, Taholah 660000-700000, Crane Creek 690000-700000, Quinault
Reservation, Western Washington Agency
Included in CY 700000 Portland Area and Agency Annual Forestry
Reports and Bureau-wide Summaries (Forms 5-490 and 5-490A) are the funds
distributed to the Quinault Reservation Indians that were held in escrow
pending settlements of stumpage rate appeals on the Taholah and Crane
Creek Logging Unit Contracts, for Calendar Years 660000 through 700000,
and 690000 through 700000, respectively.
To establish the correct Calendar Year 700000 Total Value of timber
harvested, it is necessary to deduct $2,155,572, the gross adjusted
value of timber harvested 660000 through 690000, from the Total Value
reported in CY 700000, Forms 5-490 and 5-490A.
To establish the correct Total Value of timber harvested for each
Calendar Year 660000 through 690000 (Forms 5-490 and 5-490A), add the
following amounts to the Total Value reported for the respective years:
660000 $268,212
670000 $197,875
680000 $226,002
690000 $1,463,483
For correct Total Value of timber harvested for Calendar Years 660000
through 700000, see enclosures (1), (2), and (3). For correct Average
Price Per M for total all species cut under contract, and "all"
cutting-Cash and Free Use, see enclosures (4), and (5), respectively.
(Corrections are based on Portland's memorandums to this office and to
Portland's "Files," both dated 710603, copies attached.)
The Calendar Year summary reports (used for budget backup or other
information purposes) have been changed to reflect the correct Portland
total and grand total value amounts.
Coleen A. Graham
Enclosures 5
HEL-009-2221-2221
HEL-009-2221-2263
FILES
710603
CORRESPONDENCE
ASST AREA DIR BIA PORTLAND
IN REPLY REFER TO:
Forestry 71-3-1 - 339.5 Cr. Crk. #11 70-1-29 - 339.5 Taholah #11
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS PORTLAND AREA OFFICE POST OFFICE BOX 3785
PORTLAND, OREGON 97208
710603
AIRMAIL
Memorandum
To: Commissioner of Indian Affairs Attention: Forestry Program
From: Assistant Area Director (Economic Development)
Subject: Fiscal Year, Calendar Year Gross Values, Quinault
Reservation
Enclosed is a memorandum which provides information for the
correction of values of the Forestry Fiscal Year and Calendar Year
Reports. The information is provided in response to a request by the
Forestry Program.
The fiscal year values are those of Part A, F.Y. Actual, Western
Washington, Quinault Reservation, Report of Actual Timber Cut.
The calendar year values are those of Page 1, Part D.a. Column 3,
Forestry Annual Report.
(ILLEGIBLE) Assistant Area Director (Economic Development)
Enclosure
HEL-009-2222-2222
HEL-009-2221-2263
COMM BIA BR OF FORESTRY
710603
CORRESPONDENCE
MECKER, V K
cc: Commissioner, Attn. Forestry Program Supt., western Wash, Agency
Hoquiam Field Station, Attn. Forestry
710603
Files
Supervisory Forester
Funds Withheld, Taholah 660000-700000, Crane Creek 690000-700000
This memorandum lists the value of timber cut by fiscal year and
calendar year 660000 through 700000. The funds withheld in stumpage
rate appeals are treated and credited to applicable years to provide
Fiscal Year and Calendar Year record of value of timber cut, amending
the provisions array of reports made with the funds in a withheld state.
Overall totals of witheld funds are: Crane Creek $ 998,980 Taholah
2,382,081 Total $3,381,061
Distribution to appropriate years:
Table not keyed, see original
Correction of the record involves addition of the individual year
values to the Fiscal Year and Calendar Year Reports of Timber Cut. The
column "As Reported" is purely funds distributed previous to any
handling of funds withheld in the appeals. As noted (#), the "As
Reported" value has been corrected from that shown on the F.Y. Portland
Area Summary and C.Y. Summary of all Timber Cut.
Fiscal Year Report-Timber cut under contract, paid permit and Special
Allotment timber Cutting Permit. Quinault Reservation.
Table not keyed, see original
Calendar Year Report--Total Sales for Cash. Contract and Permit
Table not keyed, see original
It should be noted that on the F.Y. basis there are funds applying
and to take into account when the 710000 report is made. Conversely,
the funds applicable to previous fiscal years on the RDTC should be
omitted from F.Y. 710000 report. No such problem exists on the C.Y.
basis.
The total value for Fiscal Year and Calendar Year 700000 contains
$73,000 from settlement of the Civil Cases 3168 and 3169. No attempt
has been made to make a retro-adjustment, nor should there be. No
administrative fees were taken on this settlement.
The adjustments made reflect by applicable year reductions for
over-payment in the years 660000 and 670000 and the 5 percent refunded
to Aloha Lumber Corporation in the Taholah settlement.
Victor K. Mecker Supervisory Forcaster
cc: Commissioner, Attn. Forestry Program Supt., Western Wash. Agency
Hoquiam Field Station, Attn, Forestry
Calendar Year, Adjustments - Taholah & Crane Creek Appeal Settlements
- to obtain correct Calendar Year Value amounts (See Portland memo to
this office and one to "Files" (Portland's) dated 710603)
Table not keyed, see original
Calendar Year, Adjustments - Taholah & Crane Creek Appeal Settlements
- to obtain correct CY Average Rate per M ft. BM for Total "All Species"
cut under contract (See Portland memo to this office and one to "Files"
(Portland's) dated 710603.
Table not keyed, see original
Calendar Year, Adjustments - Taholah & Crane Creek Appeal Settlements
- to obtain correct CY Average Rate Per M feet BM for Total All Cutting
see Portland memo to this office and one to "Files" (Portland's) dated
710603.
Table not keyed, see original
Form 5-490 - 1
630800
#For correcting these amounts see memo to Files dated 721002 - copy
in this file
SUMMARY OF ALL TIMBER CUT
Table not keyed, see original
All Reservation Western Wash. Agency Washington State
Form 5-490 - 1
630800
#For correcting these amounts see memo to files dated 741002, copy in
this file.
SUMMARY OF ALL TIMBER CUT
Table not keyed, see original
Quinault Reservation Western Wash. Agency Washington State
Form 5-490 - 2
630800
#For correcting this amount see memo to files dated 721002, copy in
this file
TIMBER CUT UNDER CONTRACT - BY UNITS
All volumes to nearest thousand feet BM and values to nearest dollar
Table not keyed, see original
All Reservation Western Washington Agency Washington State
Form 5-490 - 2
630800
#For correcting this amount see memo to files dated 721002, copy in
this file.
TIMBER CUT UNDER CONTRACT - BY UNITS
All volumes to nearest thousand feet BM and values to nearest dollar
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
Form 5-490 - 3
630800
#For correcting these amounts see memo to files dated 721002, copy in
this file
TIMBER CUT UNDER CONTRACT - BY SPECIES
All volumes to nearest thousand feet board measure and values to
nearest dollar.
Table not keyed, see original
All Reservation Western Washington Agency Washington State
Form 5-490 - 3
630800
#For correcting these amounts see memo to files dated 721002, copy in
this file
TIMBER CUT UNDER CONTRACT - BY SPECIES
All volumes to nearest thousand feet board measure and values to
nearest dollar.
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
Form 5-490 - 4
630800
TIMBER CUT OTHER THAN UNDER CONTRACT
Table not keyed, see original
All Reservation Western Washington Agency Washington State
Form 5-490 - 4
630800
TIMBER CUT OTHER THAN UNDER CONTRACT
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
#Includes 10 Special Allotment Cutting Permits.
ANNUAL FIRE REPORT
Table not keyed, see original
All Reservation Western Washington Agency Washington State
ANNUAL FIRE REPORT
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
TIMBER RESOURCE DATA
A. FOREST LAND AREA AND VOLUME OF TIMBER,
Table not keyed, see original
B. PREDOMINANT SPECIES
Table not keyed, see original
C. FOREST INVENTORY(#)
Table not keyed, see original
D. TIMBER MANAGEMENT PLAN(#)
Table not keyed, see original
All Reservations Western Washington Agency Washington State
1. Makah (600000), Port Gamble (620000), Quinault (590000-600000),
Squaxin Island (660000), and Shoalwater (630000) Reservations
2. All other Reservations
3. Ozette Reservation (?)
4. All other reservations
5. Makah (600000-620000), Port Gamble (620000), and Quinault
(640000) Reservations
6. All other reservations
7. Makah (650000), Port Gamble (670000), and Quinault (690000)
Reservations
8. Makah and Port Gamble Reservations
9. All other reservations
TIMBER RESOURCE DATA
A. FOREST LAND AREA AND VOLUME OF TIMBER
Table not keyed, see original
#Volume figures based on inventories on the Crane Creek and Taholah
Units, and as estimate of the remaining total in the Queets Unit.
B. PREDOMINANT SPECIES
Table not keyed, see original
C. FOREST INVENTORY
Table not keyed, see original
D. TIMBER MANAGEMENT PLAN
Table not keyed, see original
Quinault Reservation Western Washington Agency Washington State
TIMBER STAND IMPROVEMENT AND REFORESTATION ACCOMPLISHMENTS AND
BACKLOG BY ACREAGE
Table not keyed, see original
All Reservations Western Washington Agency Washington State
CRANE CREEK UNIT
QUINAULT INDIAN RESERVATION WASHINGTON 660000
Map not keyed, see original
FIVE UNITS OF ALOHA LUMBER CO
QUINAIELT INDIAN RESERVATION, WASHINGTON
Map not keyed, see original
QUINAIELT LAKE UNIT. Sold 230118 To OZETTE RY. CO. (56777-22)
Contract Revised 360919.
Map not keyed, see original
Point Grenville Unit
(MR. Smith Lbr. & Sg. Co - 31250-21) Quinault Indian Resn, Wash.
Tr = Tribal TD. Timber Deed. F.P = For Put or Sold NS Not Sold Lines
Outside Sale Area. Excluded from Unit
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 Records Management Section.
310
FILE NO. 695 1969 WESTERN WASHINGTON 031
RECEIVED
690212
REPORT No. 55-25F
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
AGENCY ANNUAL REPORT
BRANCH OF LAND OPERATIONS
OUTDOOR RECREATION AND WILDLIFE
CALENDAR YEAR 680000
State: WASHINGTON
Reservations: Chehalis Port Madison
Elwha Puyallup
Hoh quilouta
Lummi Quinault
Makah Shoalwater
Muckleshoot Skokomish
Nisqually Squaxin Island
Orette Swinomiah
Port Gamble Tulalip
Agency Western Washington Acting Real Property Management Officer
Approved by Superintendent
Area Portland
Reviewed by (ILLEGIBLE) Area Range Conservationist
RECREATION RESOURCES
Table not keyed, see original
TABLE A - Purpose is to designate areas of use. Line "f" reflects
areas in parks (example Navajo Monument Valley Park) or other areas set
aside for special outdoor recreation use on the reservation. Column 2
indicates estimate of potential ponds that could be developed. Column 4
reflects restriction of use of ponds, lakes, streams, etc. If streams,
etc., are restricted to Indian use only, insert word "Indian" on
appropriate line; if no restrictions are applicable (used by Indian and
non-Indian, with or without permit), insert word "None." If certain
areas are restricted for Indian use make estimate of total in percent,
for example, 50% Indian.
TOTAL B - Purpose is to show number of facilities. Column 1 includes
all areas now developed. Column 2 indicates areas that are under
consideration for development within the next five years. Column 3 -
potential, even though development may be twenty years or more hence.
Columns 4 and 5 show number of people, boats, etc., that can or may be
accommodated at one time. Line "g" includes ice skating and
tobogganing. Lines a, b, c - must have water and sanitary facilities.
Picnic areas should include tables.
TABLE C - Reflects income to tribe from sources shown. #670000
report in error. Excess of 10 was reported.
SUMMARY Reservation Western Wash Agency Washington State
RECREATION RESOURCES
Table not keyed, see original
TABLE A - Purpose is to designate areas of use. Line "f" reflects
areas in parks (example Navajo Monument Valley Park) or other areas set
aside for special outdoor recreation use on the reservation. Column 2
indicates estimate of potential ponds that could be developed. Column 4
reflects restriction of use of ponds, lakes, streams, etc. If streams,
etc., are restricted to Indian use only, insert word "Indian" on
appropriate line: if no restrictions are applicable (used by Indian and
non-Indian, with or without permit), insert word "None." If certain
areas are restricted for Indian use make estimate of total in percent,
for example, 50% Indian.
TOTAL B - Purpose is to show number of facilities. Column 1 includes
all areas now developed. Column 2 indicates areas that are under
consideration for development within the next five years. Column 3 -
potential, even though development may be twenty years or more hence.
Column 4 and 5 show number of people, boats, etc., that can or may be
accommodated at one time. Line "g" includes ice skating and
tobogganing. Lines a, b, c - must have water and sanitary facilities.
Picnic areas should include tables.
TABLE C - Reflects income to tribe from sources shown. QUINAULT
Reservation Western Wash Agency Washington State
TABLE H - Recreation use shall be reported in standard units of
visitor-days. A visitor-day shall consist of an aggregate of 12
visitor-hours. A visitor-hour is defined as the presence of one or more
persons for recreation purposes in a recreation area for continuous,
intermittent, or simultaneous periods of time aggregating one hour;
e.g., one person for one hour, two persons for one-half hour each, n
persons for 1/n hours each, Member Indians will not be considered in
visitor use of reservation.
TAHLR Y - ESTIMATED EXPENDITURES
Table not keyed, see original
TABLE I - This table is estimate of total funds for year spent for
recreational development. Column 2 - Show expenditures for contracts or
individuals hired to make plans, progress, estimates, etc. for tribal
recreation purposes, b - Include salaries and expenses for BIA only. c
- All other Federal and State sources.
SUMMARY Reservation Western Washington Agency Wash State
HEL-009-2223-2263
HEL-009-2221-2263
FILES
690917
CORRESPONDENCE
FELSHAW, G M W WA AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Records Management Section.
Forestry-339.5 Jennie George
Western Washington Agency Federal Building, 3006 Colby Avenue
Everett, Washington 98201
690917
W. B. Branin Const. Co. Route 4, Box 6612 Issaquah, Washington 98027
Gentlemen:
Enclosed is Statement of Completion of Timber Contract
14-20-0510-282, covering your operations on the Jennie George Logging
Unit, Quinault Reservation, Washington.
Operations have been completed in accordance with the term of the
contract. You are relieved of any liability under this contract arising
subsequent to the date of this letter.
Your cash deposit in lieu of bond, in the amount of $900, is being
refunded under separate cover.
Sincerely yours,
(Sgd.) George M. Felshaw Superintendent
Enclosure Portland Forestry (2) Hoquiam Forestry
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 690917
Timber Sale Area Jennie George
Purchaser W. B. Bramin Const. Co.
Contract No. 14-20-0510-282
Contract Approved 690818
Contract Expiration Date 691031
Land Status
Allotted
Allotment No. 243
Name of Allottee Jennie George
"Table not Keyed, See Original"
PURCHASER STATEMENT
I hereby surrender all rights under the above contract and request to
be released from further obligations thereunder.
W. B. Bramin (ILLEGIBLE), Washington
690915
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
690915
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.) (ILLEGIBLE) Felshaw
Superintendent
690917
"Table not Keyed, See Original"
RECEIVED
691017
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Allotment
Contract No. 14-20-0510-282
TIMBER CONTRACT FOR THE SALE OF PREDETERMINED VOLUMES
Jennie George Logging Unit Quinault Indian Reservation
1. Authority. This contract is made under the authority of Section
of the Act of 100625 (25 U.S.C. 406) as amended by the Act of 640430 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 Jennie George hereinafter called the Seller, as represented by
the Superintendent of the Western Washington Indian Agency and W. B.
Brain Construction Co. of Issaquah, Washington, hereinafter called the
Purchaser.
3. Bureau of Indian Affairs Representatives.
(a) Approving Officer. The Superintendent, Western Washington Agency
or his authorized representative, is hereinafter called the Approving
Officer.
(b) Superintendent. The Superintendent, Western Washington 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
hereinafter stated and the attached Standard Timber Contract Provisions,
hereinafter called the Standard Provisions, which are made a part
hereof, the following timber:
(a) Designated Timber. All timber, living or dead, which has been
designated for cutting by the Bureau of Indian Affairs within the
boundaries of this unit. The volume of designated timber, which has
been determined by tree measurement, the bid stumpage rates and the
total purchase price of such designated timber is shown below:
Table not keyed, see original
The Purchaser agrees to pay the total purchase price shown above
regardless of whether the actual volume of the timber designated for
cutting is more or less than the volumes shown above.
(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 by 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.
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 691031.
6. Unit Description. This unit is located in NE1/4 NE1/4 and lot 1,
Section 29, Township 22 North, Range 10 West, Willamette Meridian,
Washington and includes the following approximate area:
........................Area Within Unit ........Area To Be Logged, ...
. .........................Boundary, Acres ..............Acres
.......... . Tribal
................................................................ .
Allotted ......................5 .........................5 ...........
. Alienated ................................................NONE
........ . Total .........................5 .........................5
........... .
Note: Italic type to be deleted if inapplicable.
Form 5-612
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 13.
7. Payment for Timber. The Purchaser shall pay for all timber
covered by this contract in accordance with Section 4 (a) of the
Standard Provisions.
(a) Single Payment. The Purchaser shall pay the total purchase price
of the timber shown in Section 4 (a) herein on or before the approval of
this contract by the Approving Officer. Sections 4(b) and 4(c) of the
Standard Provisions shall not apply to this contract.
(b) Payment for Additional Timber. The Purchaser shall pay for
additional timber which may be cut pursuant to Section 4 (b) herein in
such amounts and at such times as called for by the Superintendent.
Payment for additional timber shall be computed at the appraised rates
shown below:
Table not keyed, see Original
8. Designating Timber for Cutting.
This is a clear-cut operation, in which all the merchantable timber,
live and dead, standing and fallen, is to be removed to develop the area
as a rock pit site.
9. Volume Determination.
(a) Designated Timber.
Volumes were determined by a 100 percent cruise. All trees 10 inches
D.B.H. and larger were measured to a six (6) inch top diameter or
estimated merchantable height. Mason, Bruce and Girard volume tables
for 32-feet logs and Form Class 70 were used.
(b) Additional Timber.
None.
10. Slash and Snag Disposal.
Slash. Section 9(a) and 9(b) of the Standard Provisions shall not
apply.
Snags. See Section 9(c) of the Standard Provisions.
11. Road Construction and Maintenance.
There is no road construction contemplated on this sale.
12. Performance Bond. The Purchaser delivers herewith and agrees to
maintain a bond satisfactory to the Approving Officer in the sum of
$900.00 conditioned upon the faithful performance of all the terms of
this contract.
13. Special Provisions.
a. Any part of this contract, notwithstanding the total bid price
shown in Section 4(a) herein will be paid within 30 days from the
contract approval date or before cutting begins, whichever is earlier.
14. Effective Date. This contract shall become effective on the
date of approval by the Approving Officer.
Signed and Sealed in sextuplet as of 690815
PURCHASER
Witnesses:
Donald F. Holmer
Name 5609 Olympic Hiway Aberdeen
Address
(ILLEGIBLE)
Name 210 C 5Ch St Aberdeen Wa.
Address
W. B. BRANIN CONST. CO. Name of corporation, partnership or
individual
By W. B. Branis, owner
By
SELLER
John B. Beneditt Allottee or his legal representative ACTING
SUPERINTENDENT
Signed for the pursuant to Resolution No. passed by its tribal
governing body in a meeting held at , , on ,19
Name
Title
Name
Title
APPROVING OFFICER
Approved: 690818
Name (ILLEGIBLE)
Title Acting Superintendent
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
CORPORATE SEAL
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
STANDARD TIMBER CONTRACT PROVISIONS
Table not keyed, see original
The following Standard Timber Contract Provisions are hereby
prescribed for use in contracts for the sale of timber from Indian lands
except as otherwise provided by the Secretary of the Interior or his
authorized representative in particular sales.
1. Definitions. As used in these provisions and in the contract to
which they are attached:
1(a) "Approving Officer" means the officer approving the contract or
his authorized representative.
1(b) "Commissioner" means the Commissioner of Indian Affairs or his
authorized representative.
1(c) "Area Director" means the Area Director of the Bureau of Indian
Affairs Area within which the sale area is located, or his authorized
representative.
1(d) "Superintendent" means the Superintendent or other officer in
charge of the Indian Agency having jurisdiction over the sale area, or
his authorized representative.
1(e) "Officer in Charge" means the forest officer of highest rank
assigned to the supervision of forestry work at the Indian Agency having
jurisdiction over the sale area.
1(f) "Seller" means the Indian tribe or the individual owner or
owners of the timber sold under the contract.
1(g) "Purchaser" means the purchaser of timber under the contract and
his successors in interest.
2. General Conditions.
2(a) Title and Risk of Loss. Title to the timber covered by the
contract shall not pass to the Purchaser until it has been paid for and
cut, except that in sales based on tree measurement or other estimate of
total volume obtained prior to the sale, the title of 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
assisgment 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 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 deposits 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 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 sealed 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 salvage pursuant to
Section 6(c) herein, shall not exceed the maximum volume specified in
the contract without the consent of the Approving Officer (ILLEGIBLE)
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 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 ................................
. ..............................Allowances
.............................. . ...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 scriously 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 seasons
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 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 course.
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 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, be fore 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 calender year to a maximum of one
percent of the total estimated value of the timber covered by the
contract computed at the estimated volumes and the bid rates shown in
the contract. In the event that other sales are made within the sale
area in accordance with Section 13(a) herein, the Purchasers shall share
the obligation to pay one-half of the total suppression costs of
non-Purchaser fires according to the relationship of the total estimated
value of the timber covered by each contract to the total estimated
value of the timber covered by all of the contracts. However, if a fire
is determined to be a Purchaser fire with respect to one of the
Purchasers, he shall be liable for all of the suppression costs of other
Purchasers on the sale area.
Outside the sale area, the Purchaser shall be reimbursed for all of
his costs in supressing 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 from 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.
COOK CREEK UNIT QUINAIELT INDIAN RESERVATION, WASHINGTON
Map not keyed see original
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
POWER OF ATTORNEY
Pledging Cash as Security for Timber Contract
KNOW ALL MEN BY THESE PRESENTS, That I, W. B. Branin herein referred
to as the Purchaser and having an office and principal place of business
at Issaquah, Washington herewith deposit with the Superintendent of the
Western Washington Agency the sum of $900.00 to be held. as a cash
penal bond to guarantee full performance under the terms of the timber
contract on the Jennie George Logging Unit approved by the
Superintendent on 690818. The Purchaser hereby constitutes and appoints
the Commissioner of Indian Affairs, and his successors in office, as his
attorney in fact, and agrees that in case of any default in the
performance of any of the conditions or stipulations of the contract,
the said attorney in fact shall have full power to apply the deposit in
the satisfaction of any damages, demands, or deficiency arising by
reason of such default as he may deem best and the Purchaser hereby for
himself, heirs, executors, administrators, successors and assigns,
ratifies and confirms whatever said attorney in fact shall do by virture
of these presents.
IN WITNESS WHEREOF, the said Purchaser hereunto sets his hand and
seal this 690815.
Witnesses:
ILLEGIBLE Kay Filyear
Approved: 690818
(SGD) John B. Bennedetta Acting Supt
ILLEGIBLE Purchaser W.B. Branin
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: NE1/4NE1/4 and Lot 1,
Section 29, Township 22 North, Range 10 West, Willamette Meridian,
Washington the same being the allotment of Jennie George Quinault
allottee No. 243, 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 $39.85 per MBM for western hemlock: $34.05 per MBM for
Sitka spruce and $38.90 per MBM for Douglas-fir and other species. I
understand that this negotiated sale may bring lesser returns than an
advertised sale, which awards the sale to the highest bidder. and I do
also hereby agree to grant any contractor holding any contract hereunder
and in conformity herewith, reasonable right-of-way over the
above-described lands, or any other lands in which I hold any interest,
provided I shall receive reasonable compensation for any damage done or
incurred through such right-of-way. The Commissioner of Indian Affairs
or his representative shall definitely determine what shall be
considered reasonable damages.
I furthermore agree that the proceeds arising from the sale of this
timber may be disposed of in accordance with the regulations of the
Department of the Interior including those providing for the payment of
the cost of administration.
Place Hoodsprit, Washington
Date 690804
Witnesses:
Chester J Pulifer Theobose Pulsifer
Kenneth Pulsifer 1/12 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: NE1/4NE1/4 and Lot 1,
Section 29. Township 22 North, Range 10 West, Willamette Meridian,
Washington the same being the allotment of Jennie George Quinault
allottee No. 243, 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 $39.85 per MBM for western himlock; $34.05 per MBM for
Sitka spruce; $38.90 per MBM for Douglas-fir and other species. I
understand that this negotiated sale may bring lesser returns than an
advertised sale, which awards the sale to the highest bidder. and I do
also hereby agree to grant any contractor holding any contract hereunder
and in conformity herewith, reasonable right-of-way over the
above-described lands, or any other lands in which I hold any interst,
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.
Date 690806
Witnesses:
ILLEGIBLE Betty M Murphy
Dorothy Jean Noh 6/12 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: NE1/4NE1/4 and Lot 1,
Section 29, Township 22 North, Range 10 West, Willamette Meridian,
Washington the same being the allotment of Jennie George
Quinault allottee No. 243, 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 $39.85 per MBM for western
hemlock; $34.05 per MBM for Sitka spruce; and $38.90 per MBM for
Douglas-fir and other species. I understand that this negotiated sale
may bring lesser returns than an advertised sale, which awards the sale
to the highest bidder. and I do also hereby agree to grant any
contractor holding any contract hereunder and in conformity herewith,
reasonable right-of-way over the above-described lands, or any other
lands in which I hold any interest, provided I shall receive reasonable
compensation for any damage done or incurred through such right-of-way.
The Commissioner of Indian Affairs or his representative shall
definitely determine what shall be considered reasonable damages.
I furthermore agree that the proceeds arising from the sale of this
timber may be disposed of in accordance with the regulations of the
Department of the Interior including those providing for the payment of
the cost of administration.
Place Hoquiam, Wash.
Date 690804
Witnesses:
(ILLEGIBLE)
Clarence George 4/12 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: NE1/4NE1/4 and Lot 1,
Section 29, Township 22 North, Range 10 West, Willamette Meridian,
Washington the same being the allotment of Jennie George
Quinault allottee No. 243, 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 $39.85 per MBM for western
hemlock; $34.05 per MBM for Sitka spruce and $38.90 per MBM for
Douglas-fir and other species. I understand that this negotiated sale
may bring lesser returns than an advertised sale, which awards the sale
to the highest bidder. and I do also hereby agree to grant any
contractor holding any contract hereunder and in conformity herewith,
reasonable right-of-way over the above described lands, or any other
lands in which I hold any interest, provided I shall receive reasonable
compensation for any damage done or incurred through such right-of-way.
The Commissioner of Indian Affairs or his representative shall
definitely determine what shall be considered reasonable damages.
I furthermore agree that the proceeds arising from the sale of this
timber may be disposed of in accordance with the regulations of the
Department of the Interior including those providing for the payment of
the cost of administration.
Place (ILLEGIBLE)
Date 690815
(ILLEGIBLE) Superintendent, Western Washington Agency, for Tom Kelly,
non-composmontis 1/12 int.
FOREST OFFICER'S REPORT Jennie George Timber Sale Quinault Indian
Reservation
Table not keyed, see original
APPRAISAL SUMMARY
Jennie George LOGGING UNIT, Quinault RESERVATION
Table not keyed, see original
PREPARED BY John W. Palmer, Forester
Summary checked 690808
By (ILLEGIBLE), Forester
FOREST OFFICER'S REPORT JENNIE GEORGE TIMBER SALE ALLOTMENT #243
QUINAULT RESERVATION, WASHINGTON
1. Introduction:
The purpose of this sale is the removal of second growth western
hemlock, Sitka spruce and Douglas-fir trees from the allotment to allow
development of a rock pit to obtain gravel for the servicing of a new
road to be constructed between Highway 101 and the Cook Creek Road at
the boundary of the Quinault Indian Reservation, Project Number 26(7).
2. Forest Management Consideration:
There are no forest management considerations to be undertaken on
this sale.
3. Location and Access:
There is a total of five (5) acres to be logged in the NE1/4NE1/4 and
Lot 1, Section 29, Township 22 North, Range 10 West, Willamette
Meridian, Washington. A location map is included as Exhibit A in the
Appendix. This area was originally logged in the early 300000's. The
area to be logged is bisected by a woods road. Primary access to the
timber is by 3.14 miles of gravelled road. There are 34 miles of
macadam road, Highway 101, connecting this allotment to the Port Docks
at Grays Harbor marketing area.
4. Area and Ownership:
There are approximately five (5) acres to be logged, and the
ownership of this allotment is vested with four heirs, who are:
Clarence George 4/12 interest
Dorothy Jean Hoh 6/12 interest
Tom Kelly 1/12 interest
kenneth Pulsifer 1/12 interest
5. Topography:
The entire area to be logged is relatively flat.
6. Timber Stand and Silvicultural Method:
The timber on this tract is young, second growth trees, averaging
approximately 14 inches in diameter. The quality is low. Since the
area is flat, tractor logging is feasible. No regeneration is
contemplated since the area is being developed for a rock pit.
7. Current Market Conditions:
The demand for timber is presently very good for most species.
During the past year, prices offered for all log grades have increased
gradually. This has largely resulted from the increased demand from
exporters for many species, particularly western hemlock and Pacific
silver fir for consignment to Japanese markets. It is believed that the
trend established this past year will continue for the immediate future.
The market for pulpwood, shingle and shake logs remains excellent. For
the second quarter 690000, approximately 67 percent of all log sales
went to export, 26% to water and 7 percent to inland sales, according to
the report of the Industrial Forestry Association for the Grays-Willapa
Harbors District.
8. Inventory Data and Method of Cruise:
A 100% cruise of the area was made. Trees 10 inches in diameter and
larger were measured to a six inch top or to an estimated minimum
merchantable height. The cruise produced a volume of 103,000 board
feet.
CRUISE SUMMARY
Jennie George Logging Unit (Cook Creek Road R/W Gravel Pit)
Quinault Reservation
Allottee & No. Jennie George, Q. 243
Cruiser Gustavson and Schneff
Legal Desc. NE1/4NE1/4 and Lot 1, Section 29, Township 22 North,
Range 10 West, W.M., Wash.
Date Cruised 690509 Min. Merch. 10" D.B.M., 6" top D.I.B. or est.
min. merch. ht.
Per Cent Cruise 100%
Sampling Error Coefficient of Variation
Vol. per Acre (March.) 28,000
Merch. Acreage 3.7
Non-Merch. Acreage
Table not keyed, see original
9. Appraisal of Stumpage:
This appraisal is based on a weighted average of 50% of sawlog prices
for export sales as quoted by the Industrial Forestry Association for
the 2nd Quarter 690000, for Grays-Willapa Harbors District and 50% of
pulp log prices as quoted by ITT Rayonier Inc. ITT Rayonier Inc. is a
local pulp mill buying this type of logs. The felling and bucking costs
were increased 50% due to the small size. Yarding and loading costs
were increased 25% for the same reason. Trucking costs were based on
the Washington State Utilities and Transportation Commission Tariff No.
4-A, effective 680601.
LOG VALUES
Table not keyed, see original
Log Prices from: 50% export prices 2nd Qtr. 690000 IFA Grays-Willapa
Harbors Dist. and 50% quote free ITT Rayonier Inc. for pulp/
II. TRANSPORTATION (continued)
.06 Average load @ .07 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:
No road use or road maintenance costs needed, since the area borders
on the Cook Creek Road.
Table not keyed, see original
9c. Calculation of Stumpage Values:
Stumpage values are based on the following formula:
Table not keyed, see original
An allownace to twelve (12) percent for profit and risk has been
considered to give the operator a reasonable profit. The small size of
the timber, the small volume involved, and the market condition for this
type of timber have been considered in arriving at the margin for profit
and risk.
10. Recommended Stumpage: (rounded to nearest five cents)
Table not keyed, see original
11. Total Value of Forest Products:
Table not keyed, see original
12. Recommendations:
It is recommended that this sale be negotiated on a lump sum basis,
in accordance with 25 CFR 141.9(a). Removal of this timber is necessary
to develop a gravel pit site for use on road construction Project No.
26(7). This project is extending the Cook Creek Road from the boundary
of the Quinault Indian Reservation to Highway 101.
Several logging compaines were contacted relative to the removal of
this timber. All of them declined because of the low volume and size of
the timber. (Average diameter of the timber is 14 inches.) The timber
involved is second growth and suitable primarily for pulpwood.
In order to remove this timber as expeditiously as possible, it is
recommended that the timber be negotiated on a lump sum basis to the
subcontractor of Project No. 26(7), Mr. W. B. Branin of the W. B. Branin
Construction Company, Issaquah, Washington.
Date: 690808
(Sgd) John W. Palmer Forester
Date: 690808
CONCUR: Sgd. Wilbur H. Carey Acting Forest Manager
Date: 690815
APPROVED: /S/ S. M. Felshaw Superintendent
RESERVATION QUINAULT LOGGING UNIT GEORGE PROPERTY OF/OR BLOCK NO.
Jennie George Q 243 LEGAL DESCRIPTION NE1/4, NE1/4, and Lot 1, Sec. 29,
T 22 N, R 10 W W.M.
Map not keyed, see original
HEL-009-2264-2301
HEL-009-2264-2301
BRANIN, W B
850503
CORRESPONDENCE
DOJ-LDNR
U.S. DEPARTMENT OF JUSTICE - LANDS AND NATURAL RESOURCES DIVISION
MICROFILM INDEX LOG
CAMERA OPERATOR A. Steinecke
CASE NAME HELEN MITCHELL
DATE 000503
PAGE 1 OF 4
LOCATION Dept. of Int. BIA
Table not keyed, see original
U.S. DEPARTMENT OF JUSTICE - LANDS AND NATURAL RESOURCES DIVISION
MICROFILM INDEX LOG
CAMERA OPERATOR A. Steinecke
CASE NAME Helen Mitchell
DATE 850503
PAGE 2 OF 4
LOCATION Dept of Int. BIA
Table not keyed, see original
U. S. DEPARTMENT OF JUSTICE
MICROFILM INDEX LOG
CAMERA OPERATOR A. Steinecke
CASE NAME Helen Mitchell
DATE 850503
PAGE 3 OF 4
LOCATION Dept of Int
Table not keyed, see original
U.S. DEPARTMENT OF JUSTICE
MICROFILM INDEX LOG
CAMERA OPERATOR Ann Steinecke
CASE NAME Helen Mitchell
DATE 850506
PAGE 4 OF 4
LOCATION Dept of Int BIA
Table not keyed, see original
(ILLEGIBLE)
TARGET SHEET
CASE NAME: HELEN MITCHELL
DOCKET NUMBER: 90-2-20 923
REEL IDENTIFIER: HEL-009 0001 - 2306
DATE OF FILMING: 850503
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
DOCUMENTS PRODUCED IN RESPONSE TO:
OTHER: BUREAU OF INDIAN AFFAIRS
LEAD DISCOVERY ATTORNEY (or paralegal): JOHN (ILLEGIBLE) - 724-7357
JOHN MUSCATO - 633.5203 (CASE MANAGER)
HEL-009-2302-2306
HEL-009-2302-2306
850506
CORRESPONDENCE
CASE NAME: HELEN MITCHELL DOCKET NUMBER: 90-2-20-923
REEL IDENTIFIER: HEL010 0001 DATE OF FILMING: 350506
PRODUCTION SITE NAME OF ORGANIZATION OR PERSON: DEPT OF INTERIOR -
BIA
DISCOVERY LOCATION: 1951 Constitution RCOM 355 WASHINGTON D.C. ROOM
#
FILMED AT CONTRACTOR SITE NO NAME OF CONTRACTOR: OCTO
DOCUMENTS PRODUCED IN RESPONSE TO:
OTHER: BUREAU OF AFFAIRS
LEAD DISCOVERY ATTORNEY (or paralegal): JOHN HITZLEBORE 724-7357
JOHN MUSCATO: 633-5203 (case manager)
HEL-010-0001-0001
HEL-010-0001-2647
580203
CORRESPONDENCE
HILL, C E US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
Allotment No. Q. 564
File No 71-58
Western Washington Indian Agency
600804
RECEIVED of C. W. Ringey, Superintendent U.S. Indian Agency fee)
patent No. 1179204, issued 580203, in the name of Wilbur H. Wall, for
the following described land: AN UNDIVIDED 4/189 INTEREST IN AND TO:
SE 1/4 SE 1/4 Sec. 28, NE 1/4 NE 1/4 Sec. 33, T. 22 N., R. 11 W.,
Willamette Meridian, Washington, containing 80.00 acres more or less.
Witnesses:
C. P. Mathis
Warren Stetson for
Patentce
Wilbur H. Hall
IN REPLY REFER TO: Realty Requirements 71-58 cm
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580203
Superintendent
Western Washington Agency
Fee patent numbered 1179204 issued 580203 to Wilbur H. Wall, heir of
Nellie Cultee (Capoeman Tougaw Arnold) Wall, heir of Maria Telzan, for
an undivided 4/189 interest Quinault allottee numbered 202,564 is
enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0002-0004
HEL-010-0002-0010
SUPT W WASH AGENCY
580100
CORRESPONDENCE
MOORE, H L BIA PORTLAND
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580104
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
Wilbur H. Wall, non-Indian, was determined by the Department to be
the only heir in the estate of Nellie Cultee (Capoeman Tougaw Arnold)
Wall, deceased Quinault allottee No. 202, Probate No. 15182-56, which
estated included an undivided 4/189 interest in the allotment of Maria
Telson, Quinault No. 564, probate No. 79108-18. Being non-Indian, title
passed to this heir stripped of its original trust character. A patent
in fee is now desired to clarify title.
It is recommended that a patent in fee be issued to Wilbur H. Wall
for his inherited 4/189 undivided interest in the following described
land, provided there are no reasons appearing on the records of the
Bureau of Land Management why such patent should not be issued.
SW 1/4 SE 1/4, Sec. 28, NW 1/4 NE 1/4 Sec. 33, T. 22 H., R. 11 W.,
Williamette Meridian, Washington, containing 80 acres.
Sincerely yours, (Sgd) H. L. Moore Area Director Portland Area Office
HEL-010-0005-0005
HEL-010-0003-0010
DIR BUR OF LAND MGT DC
571118
CORRESPONDENCE
ALBRIGHT, C D W WASH AGENCY
Realty Acq. & Disp. TELZAN, Maria Q. 564 P-270 (W. H. Wall: Non Ind)
Field Service Western Washington Indian Agency P. O. Box 915 Everett,
Washington
571118
Mr. Don C. Foster, Area Director
Portland, Oregon
Attention: Realty Section
Dear Mr. Foster:
There is attached in duplicate an Abstract of Probates and land
status report relating to the allotment of Maria Telson, Quinsult No.
564. Wilbur H. Wall, a non-Indian, has inherited a 4/189 undivided
interest in this allotment.
Letter to the Bureau of Land Management requesting issuance of a
patent to him is also enclosed. Issuance of the patent is recommended
to conform to existing instructions, is such cases.
Sincerely yours,
(Sgd) Claude D. Albright
ACTING Superintendent
Enclosures
HEL-010-0006-0006
HEL-010-0003-0010
FOSTER, D C DOI BIA PORTLAND
571213
CORRESPONDENCE
DUBRAY, F F W WA AGENCY
571213
J. L. Diddock, Area Realty Officer Portland Area Office
F. F. DuBray, Realty Officer Western Washington Agency
Request for Patent in Fee for Wilbur H. Wall on Quinault Allot. No.
564.
Referring to your memo of 571210, we find that Allottee No. 564 was
allotted as Maria Telson.
F. F. DuBray Real Property Officer
HEL-010-0007-0007
HEL-010-0003-0010
DIDDOCK, J L DOI BIA, PORTLAND
571210
CORRESPONDENCE
DIDDOCK, J L BR OF REALTY
571210
Mr. C. W. Ringey Superintendent, Western Washington Agency
Attention: Branch of Realty
Portland Area Office Branch of Realty
Request for Patent in Fee for Wilbur H. Wall on Quinault Allot. No.
564.
Will you please advise whether the name of the original allottee is
Marie or Maria Telman.
The Land Status Report shows the name as Maria Teleman and the other
papers show the name as Marie Telzan.
(SGD) J. L. DIDDOCK
J. L. Diddock Area Realty Officer
cc: Branch subject Branch chrono Pink chrono Yellow chrono
FFSokolik/mce 571210
LAND STATUS REPORT
Maria Telzan, Quinault No. 564, land described as: SE 1/4, SE 1/4 of
Section 28, and NE 1/4, NE 1/4, of Section 33, Township 22 North, Range
11 West, Willamette Meridian, Washington, containing 80 acres.
Trust Patent No. 512543, on the above described lands was issued
160208, to Maria Telzan, pursuant to the Act of 870208 (24 Stat. 388) as
amended by the Act of 110304 (36 Stat. 1345).
There have been no subsequent conveyance or transactions affecting
acreage or ownership of this allotment.
There is no record of an easement or right of way.
An Abstract of Probates is attached. There is no record of unpaid
probate fees.
There is no record of indebtedness due the United States or to the
Quinault Tribe.
The land is not within a government irrigation project.
It is hereby certified that the land description given above has been
verified by comparison to the records of this agency; that the original
patent has been delivered to the patentee and is not available; that
this is a true and complete report according to all agency records.
Charles P. Mathes, Real Property Assistant
Western Washington Agency
Everett, Washington
570531
ABSTRACT OF PROBATES
Estates of Marie Telzan Quinault No. 564 Pro. 79102-18
Land Described As: SE 1/4 SE 1/4, Sec. 28, NE 1/4 NE 1/4, Sec. 33,
Twp. 22 North, Range 11 West, W.M., Wash. containing 80 acres.
"Table not keyed, see Original"
I, the undersigned, do hereby certify that this is a true and correct
Abstract of probates of the estate of the above as it pertains to the
interest of Wilbur H. Wall, Non Indian.
Esther Kirstein, Clerk Steno
Western Washington Agency
Everett, Washington
570625
HEL-010-0008-0010
HEL-010-0003-0010
RINGEY, C W W WASH AGENCY
580219
CORRESPONDENCE
ALBRIGHT, C D BIA W WASH AGENCY SKARRA, P E BIA PORTLAND
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett, Washington
Realty Acq. & Disp. STROM, James Q. 1384 312(1)
680219
Through: Portland Area Office Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Dear Sir:
The original receipt for the fee patent issued on Quinsult No. 1384
is attached for your records as requested.
Sincerely yours,
Claude D. Albright
Perry E Skarra
ACTING Superintendent
Enclosure
NOTED: 000221
Acting Area Director, Portland, Oregon
cc: Portland Area Office
RECEIPT FOR PATENT
Allotment No. Q. 1384
File No. 413-58 B.I.A.
Western Washington Indian Agency
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee)
Patent No. 1179209, issued 580203 in the name of James Strom, an
Quinsult Indian, for N 1/2 NE 1/4, Sec. 16, T. 23 N., R. 11 W.,
Willamette Meridian, Washington, containing 80.00 acres.
Witness: James Strom
Patentee.
HEL-010-0011-0014
HEL-010-0011-0028
COMM DOI BIA DC
580203
CORRESPONDENCE
HILL, C E US DOI BIA D C
IN REPLY TO: Realty Requirements 413-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580203
Superintendent
Western Washington Agency
Fee patent numbered 1179209 issued 580203 to James Strom Quinsult
allottee numbered 1384 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. H. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0015-0015
HEL-010-0011-0028
SUPT W WASH AGENCY
590108
CORRESPONDENCE
MOORE, H L PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580108
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
The application of James Strom, allotee, for a patent in fee for land
embraced in his Quinault allotment No. 1384, pursuant to authority
delegated by Secretarial Order No. 2508 of 490111 (14 F.R. 258) and
Order No. 551 of the Commissioner, Bureau of Indian Affairs, dated
510329 (16 F.R. 2939), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
N 1/2 NE 1/4 Sec. 16, T. 23 N., R. 11 W. Willamette Meridian,
Washington, containing 80.00 acres, more or less.
Sincerely yours,
H. L. Moore
Acting Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0016-0016
HEL-010-0011-0028
COMM DOI BIA DIR BUREAU OF LAND MGT
571223
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. STROM, James Q. 1384
Field Service Western Washington Indian Agency P. O. Box 915 Everett,
Washington
571223
Mr. Don C. Foster
Area Director, Portland Area Office
Attention: Realty
Dear Mr. Foster:
There is enclosed the approved application of James Strom, allottee,
for a fee patent on that land which is described as:
N 1/2 NE 1/4, Sec. 16, T. 23 N., R. 11 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Based on all available information, the applicant appears to be
unquestionably competent to manage his own allotment without government
supervision. The references supplied include the owner of a retail
store, a bank president, and the secretary manager of a large fraternal
order. The applicant has an above average education for his community,
excellent credit references, and understands that issuance of the fee
patent will not affect the existing timber contract applicable to the
timber on his allotment.
The applicant has been employed in the logging and fishing business,
however, tuberculosis, which appears to be now arrested, forces the
applicant to turn to less strenuous employment, this sale of the
allotment in a small business appears workable due to his education,
local business contacts, and the fact that he is active in the civic and
social life of the community.
The application is accompanied by the letter to the Bureau of Land
Management, as well as by the following documents in duplicate:
Land Status Report Letter to patentee Letter to applicant re: Timber
Contract Letter to Timber Contractor
It is recommended that a fee patent be issued as requested.
Sincerely yours,
(Sgd) C. W. Ringey,
Superintendent
Enclosures
HEL-010-0017-0018
HEL-010-0011-0028
FOSTER, D C DOI BIA PORTLAND
571209
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. STROM. James Q. 1384
Field Service Western Washington Indian Agency P.O. Box 915 Everett,
Washington
571209
Rayonier, Incorporated Box 539 Hogism, Washington
Gentlemens
The owners of Quinault allotment No. 1384, James Strom, has requested
a fee patent on his land which is described as: NE 1/2 NE 1/4, Sec. 6,
T. 23 N., R. 11 W., Willamette Meridian, Washington, containing 80.00
acres, more or less.
The Bureau proposes to issue the requested patent thirty days from
the date of this notice.
This allotment is subject to Timber Contract No. I-101-Ind-1902(405,
approve 520825, and expiring 860401, Rayonier, Incorporated, being the
contractor. The issuance of the fee patent to the allottee will in no
way affect the validity of the existing timber contract. The
prospective patentee will likewise be notified immediately.
This notice is given so that you may protect your interests by making
the contract a matter of public record as to the access rights not
covered in any specific right of way granted.
Sincerely yours,
C.W. Ringey Superintendent
cc: Portland Area Office 2
HEL-010-0019-0019
HEL-010-0011-0028
RAYONIER INC
000000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. STROM, James Q. 1384
Field Service Western Washington Indian Agency P. O. Box 915 Everett,
Washington
Mr. James Strom Taholah, Washington
Dear Mr. Strom:
Pursuant to your request of 560305, and predicated upon the finding
of your being competent to prudently conduct business transactions
involving your trust property, there is respectfully presented a patent
in fee to property legally described as:
N 1/2 NE 1/4, Sec. T. 23 N., R. 11 W., Willamette Meridian,
Washington, containing 80.00 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an examination of the
above described premises.
This surface examination made on the 571007, by staff technicians of
this office reveals this property to be located approximately 9 miles
northwest of Amanda Park, Washington, via paved Highway 101 and one
quarter mile of an old abandoned truck trail.
The land is virgin timberland. It is covered with principally cedar,
with lesser amounts of white pine, hemlock, and white fir. The cedar is
of very poor quality, over ripe, with numerous snags and windfalls. The
other species are of average quality. There are two small swamps on the
tract. A small stream crosses the northwest corner of the tract.
This allotment is in the Crane Creek Unit, under contract to
Rayonier, Incorporated. The present prices are: Cedar-$16.79;
Hemlock-$10.83; White Fir-$11.12; and White Pine-$15.53. The bare
land is worth from $10.00 to $20.00 per acre.
As your allotment is under timber contract, you are assured of
receiving the contractual price under the terms thereof. You are urged
to record this patent with the Auditor, Grays Harbor County Courthouse,
Montesano, Washington. Your property becomes subject to county real
property taxes as of the date of issuance of this patent. Any further
information you may desire on this matter may be gotten by contacting
the Assessor of the county wherein your land is located.
Sincerely yours,
C. W. Ringey
Superintendent
Enclosure
HEL-010-0020-0021
HEL-010-0011-0028
STROM, J
571209
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. STROM, James Q. 1384
Field Service Western Washington Indian Agency P. O. Box 915 Everett,
Washington
571209
Mr. James Strom Taholah, Washington
Dear Mr. Strom:
We wish to notify you that favorable progress has been made on your
application for a fee patent on your allotment.
It is noted that your allotment is subject to Timber Contract No.
I-101-Ind-1902(405) approved 520825, and expiring 860401, Rayonier,
Inc., being the contractor. The issuance of the fee patent to you will
in no way affect the validity of the existing contract.
Your application will be forwarded to the Bureau of Land Management
via the Portland Area Office for issuance of the fee patent on the
expiration of a thirty day period following the notification of the firm
holding the timber contract on your allotment. The notice to the
contractor was sent today.
Sincerely yours,
C. W. Ringey
Superintendent
cc: Portland area office 2
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) as amended by the Act of
110304 (366 Stat. 1345) trust patent dated 280423, was issued to James
Strom, Quinault allottee No. 1384, for lands described as N 1/2 NE 1/4,
Sec. 16. T. 23 N,. R. 11 W., Willamette Meridian, Washington, containing
80 acres more or less.
1. There have been subsequent transactions since issuance of the
above patent affecting acreage or ownership as follows:
This allotment is under timber contract No. I-101-Ind-1902(405) to
Rayonier, Incorporated, contract expires 860401, and was approved
520825, by Superintendent Raymond H. Ritney.
2. There have been no other transactions affecting acreage or
ownership of allotment No. 1384.
3. This allotment is not within a government irrigation project.
4. The allottee is living, no Abstract of Probates is required.
5. The allottee owns this allotment in its entirety.
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Agency.
571218
Clyde E. Wren Real Property Assistant
HEL-010-0022-0023
HEL-010-0011-0028
STROM, J
571029
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
571029
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Memorandum valuation report, dated 571007, covering the property of
James Strom, Quinsult Allotment No. 1384, consisting of 80 acres, has
been reviewed.
The information contained therein appears sufficient to assist
materially in the preparation of the letter to the recipient of the
patent in fee in accordance with the procedure and instructions outlined
in Office Memorandum, dated 570215, and letter, dated 570524, from the
Area Director to all Superintendents concerning the existing policy on
patent in fee appraisals.
The subject report is enclosed in duplicate and should not be given
to the landowner.
Sincerely yours,
(SGD) J. L. DIDDOCK J. L. Diddock Area Realty Officer
Enclosure
WMShenkel/gs 10-29-57 cc: Branch subject Branch chrony Yellow chrony
HEL-010-0024-0024
HEL-010-0011-0028
SUPT RINGEY, C W W WASH AGENCY
571007
CORRESPONDENCE
MCKEEVER, L C
571007
C. W. Ringey, Superintendent Western Washington Agency
L. C. McKeever, Forestor Appraiser Requiem Sub Station
Inspection and Inventory of the property of James Strom, Quinault
allotment No. 1384, described as NW 1/4 NE 1/4 Sec. 16, T. 33 N., R. 11
W., containing 80 acres more or less.
A cursory inspection of this property was made 570809.
This tract is located approximately 9 miles northwest of Amanda Park,
Washington, via paved Highway 101 and one quarter mile of an old
abandoned truck trail.
The land is virgin timberland. It is covered with principally cedar,
with lesser amounts of white pine, hemlock and white fir. The cedar is
of very poor quality, overripe, with numerous snags and windfalls. The
other species are of average quality. There are two small swamps on the
tract. A small stream crosses the northwest corner of the tract.
This allotment is in the Crane Creek Unit, under contract to Rayonier
Incorporated. The present prices are cedar, $16.79; Hemlock $10.83;
White, $11.12 and white pine, $15.53. The base land is worth from
$10.00 to $20.00 per acre.
This information is offered as a guide and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
property.
s/ L. C. McKeever L. C. McKeever, Forester
Reviewing Date
Reviewing Appraiser
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Allottee
James Strom No. 1384 Reservation Quinault
560305
Application is hereby made for (patient in fee) for the following
described land: N 1/2 NE 1/4 16. T. 23. N. R. 11 W., 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 32
2. Date of Birth 240628
3. Degree of Indian Blood 5/8
4. Single (strike out one)
5. Education: Years in elementary school High School 11 college
6. The following persons are dependent upon me for support (Give
names, ages and relationship) self
7. I am enrolled as a Quinault Indian
8. Permanent address Taholah, Washington
9. The amount of my annual income is $4,000.00
10. My income is obtained from the following sources: logging and
Fishing
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
indebtebness. (If not, state none.) None
13. I (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 $ Under
Timber Sale Contract to Rayonier Incorporated (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:
I intend to dispose of the property and use the proceeds to invest in
small business that my health will permit. I have had tuberculosis and
my doctors tell me I cannot work.
b. I intend to use the proceeds of sale for the following purposes:
1 (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 accure 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.
From No. 5-105 (3)
550400
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.
James Strom
Subscribed and sworn before me this 560305 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants
John W. Libby
Title Forest Manager
APPLICATION APPROVED
ACTING Superintendent
HEL-010-0025-0028
HEL-010-0011-0028
RINGEY, C W BIA W WASH AGENCY
580219
CORRESPONDENCE
ALBRIGHT, C D BIA W WASH AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Indian Agency 1620 Hewitt
Avenue Everett, Washington Realty 312(1) 580219 Through: Portland Area
Office
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Dear Sir:
The original receipt for the fee patent issued on Quinault No. 2329
is attached for your records as requested.
Sincerely yours,
Claude D. Albright
ACTING Superintendent Enclosure Noted: 580221 Acting Area Director,
Portland, Oregon cc: Portland Area Office
HEL-010-0029-0030
HEL-010-0029-0048
COMM BIA
580219
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty 312(1)
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580219
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Dear Sir:
The original receipt for the fee patent issued on Quinault No. 2329
is attached for your records as requested.
Sincerely yours,
(Sgd) Claude D. Albright
ACTING Superintendent
Enclosure
NOTED: 580221
Acting Area Director, Portland, Oregon cc: Portland Area Office
RECEIPT FOR PATENT
Allotment No. Q. 2329
File No. 805-58 B.I.A.
Western Washington Indian Agency
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee)
Patent No. 1179218, issued 580203 in the name of Eldred Frank Nunes an
Quinault Indian, for NE 1/4 SE 1/4, Sec. 13, T. 21 N., R. 12 W., and SW
1/4 NE 1/4, Sec. 16, T. 21 N., R. 11 W., Willamette Meridian,
Washington, containing 80.00 acres.
Eldred Frank Nunes Patentee.
HEL-010-0031-0032
HEL-010-0029-0048
COMM BIA
580203
CORRESPONDENCE
HILL, C E DOI BIA
IN REPLY REFER TO:
Realty Requirements 805-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580203
Superintendent Western Washington Agency
Fee patent numbered 1179218 issued 580203 to Eldred Frank Munes
Quinault allottee numbered 2329 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerly yours,
C.E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067
570400
HEL-010-0033-0033
HEL-010-0029-0048
SUPT W WASH AGENCY
580116
CORRESPONDENCE
AREA DIR PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580116
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
The application of Kldred Frank Numes, allottee, for a patent in fee
for land embreced in his Quinault allotment No. 2329, pursuant to
authority delegated by Secretarial Order No. 2508 of 490111 (14 F. R.
258), and Order No. 551 of the Commissioner, Bureau of Indian Affairs,
dated 510329 (16 F. R. 2939): has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
SW 1/4 MS 1/4, Sec, 16, T. 21 N., R. 11 W., NE 1/4 SE 1/4, Sec, 13,
T. 21 N., R. 12 W., Willamette Meridian, Washington, containing 80
acres, more or less.
Sincerely yours,
Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0034-0034
HEL-010-0029-0048
DIR BUREAU OF LAND MGT COMM DOI BIA
571118
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty Acq. & Disp. NUNES, Eldred Q. 2329
Field Service Western Washington Indian Agency P.O. Box 915 Everett,
Washington
571118
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the application of Eldred Nunes,
Quinault allottee No. 2329, for a patent in fee. This application
broker, an accountant for an apartment establishment where the applicant
was employed as a maintenance man, and the agent for Richfield Oil
Corporation. At the present time Mr. Nunes is successfully operating
the Silver Lake Service Station and Cafe. The applicant is well thought
of and is considered to be unquestionably competent to manage his own
allotment with prudence. He has made his own way in non Indian
committies all his life, having graduated from a public high school.
The application is accompanied by a land status report, copies of the
letter to the patentee, and letter to the Bureau of Land Management.
It is recommended that the applicant's request be granted.
Sincerely yours,
(Sgd) Claude D. Albright
Superintendent
Enclosures
HEL-010-0035-0035
HEL-010-0029-0048
AREA DIR FOSTER, D C DOI BIA PORTLAND BR OF REALTY
000000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. NUNES, Eldred Q. 2329
Field Service Western Washington Indian Agency P. O. Box 915 Everett,
Washington
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. Eldred F. Nunes Route 4, Box 530 Everett, Washington
Dear Mr. Nunes:
Pursuant to your request, and predicated upon the finding of your
being competent to prudently conduct business transactions involving
your trust property, there is respectfully presented a patent in fee to
property legally described as:
SW 1/4 NE 1/4 Sec. 16, T. 21 N., R. 11 W., NE 1/4 SE 1/4, Sec. 13, T.
21 N., R. 12 W., Willamette Meridian, Washington, containing 80 acres,
more or less.
In keeping with the policy established by the Secretary of the
Interior and the Commissioner of Indian Affairs for ethical termination
of the trust relationship, I have caused to be made an examination of
the above described premises.
This surface examination made on the 571104, by staff technicians of
this agency reveals the forty acre tract in Section 16 is located
approximately 9 1/2 miles northeast of Moclips, Washington, via seven
miles of all weather gravel logging road and 2 1/2 miles of abandoned
logging road, impassible except on foot.
The forty acres in Section 13 is located approximately seven miles
northeast of Moclips, via four miles of all weather gravel logging road,
two miles of poor logging road, and one mile on foot.
The land is primarily timberland, The tract in Section 16 was cut
over in 400000. At the present time, the tract is about 70% restocked
with cedar, and a small amount of hemlock and white pine. The tract in
Section 13 was logged in 300000. It was burned over in 410000. To
date, it is about 10% restocked with chiefly hemlock and some cedar.
There is a dense cover of brush and bracken fern in the area. The soil
of both tracts is of gravelly clay formation. The highest and best
known use for these lands is timber production.
Investigation of sales of similar lands in this vicinity includes SE
1/4 SE 1/4, Sec. 13, T. 21 N., R. 12 W., which sold in 551100, for
$15.00 per acre. The NE 1/4 SE 1/4, Sec. 28, and NE 1/4 NE 1/4, Sec.
29, all in T. 21 N., R. 11 W., was sold in 560400 for slightly in excess
of $20.00 per acre. These lands are generally similar to the subject
tracts except as to accessibility. The cursory inspection indicates
that lands in this area similar to the subject tract are selling for
from $15.00 to $20.00 per acre.
This information is offered as a guide and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
property. The determination of your competency affords assurance that
if at some future date you consider the sale or encumbrance of this
property, you will secure a detailed appraisal by recognized authorities
in the field of evaluation. You are cordially urged to follow these
dictates of prudent judgment in your dealings concerning this property.
You are also urged to record this patent with the Recorder, Grays Harbor
County Court House, Montesano, Washington.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure
cc: Portland Area Office 2
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Eldred
Allottee Patrick Frank Nunes No. 2329 Reservation Quinault
560123 (date)
Application is hereby made for patent in fee for the following
described land: SW 1/2 NE 1/4 Sec. 16, Twp 21 North, Range 11 West and
NE 1/4 SE 1/4, Sec 13, Twp 21 North, Range 12 West, Willamette Meridian,
Wn. containing 80,00 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 35 (Thirty five)
2. Date of Birth 200219
3. Degree of Indian Blood 1/9 Quanault
4. Single (strike out one) Divorced
5. Education: Years in elementary school 8 High School 4 college
none
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Eldred Frank Nunes Age 13 (thirteen) son
7. I am enrolled as a Quanault Indian (Name of Tribe)
8. Permanent address 1647-8th. Ave. Longview, Washington
9. The amount of my annual income is $3200.00 (When able to work)
$204.00 (Since hospitalization) #Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources:
Veterans Administration (Compensation)
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.)
$17.00 per Mo. Compensation from the V.A.
12. If indebted to the United States, state amount and purpose of
indebtedness. (If not, state none.) None
13. I (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 $ None (If not
leased, state none.)
15. a. Intent to use the land for the following purposes after
receiving a patent in fee which become taxable from date of issuance:
To sell, and try to start on a small farm to rehabilitate my self since
my illness
b. I intend to use the proceeds of sale for the following purposes:
Rehabilitation on a small farm for the purpose of a income for the
Son and I, and a outlook for the future
I (We)# 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.
The Disability spoken of is only partial
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.
Eldred Frank Nunes Emily Harris
Subscribed and sworn before me this 560123 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants
Shirley R. Marsh
Notary Public in and for the States of Washington, residing at
Longview
APPLICATION APPROVED
LAND STATUS REPORT
Eldred Frank Nunes, Quinault No. 2329, land described as: SW 1/4 NE
1/4 SW 1/4 NE 1/4, Sec. 16, Township 21 North, Range 11 West and NE 1/4
SE 1/4, Sec. 13, Township 21 North, Range 12 West, Willamette Meridian,
Washington, containing 80 acres.
Trust Patent No. 1063751, on the above described land was issued
330421 to Eldred Frank Nunes, pursuant to the Act of 870208 (24 Stat.
388) as amended by the Act of 110304, (36 Stat. 1345).
There have been no subsequent conveyances or transactions affecting
ownership or acreage of this parcel.
There is no record of indebtedness due to the U.S. or to the Quinault
Tribe.
The land is not within a goverment irrigation project.
The allottee is living; no Abstract of Probates is required.
It is hereby certified that the land description given above has been
verified by comparison to the original patent. It is further certified
that the above is a true and complete report according to all available
records of this Agency.
Clyde E. Wren Real Property Assistant Western Washington Indian
Agency Everett, Washington 570820
HEL-010-0036-0043
HEL-010-0029-0048
NUNES, E F
571112
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon 571112
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Memorandum valuation report, dated 571104 covering the property of
Eldred Numes, Quinault Allotment No. 2329, consisting of 80 acres, has
been reviewed.
The information contained therein appears sufficient to assist
materially in the preparation of the letter to the recipient of the
patent in fee in accordance with the procedure and instructions outlined
in Office Memorandum, dated 570215, and letter, dated 570524, from the
Area Director to all Superintendents concerning the existing policy on
patent in fee appraisals.
The subject report is enclosed in duplicate and should not be given
to the landowner.
Sincerely yours,
(SGD) J. L. DIDDOCK
J. L. Diddock
Area Realty Officer
Enclosure
WMShenkel/gs 571112 cc: Branch subject Branch chrony Yellow chrony
HEL-010-0044-0044
HEL-010-0029-0048
RINGEY, C W W WASH AGENCY
571104
CORRESPONDENCE
MCKEEVER, L C HOQUIEM SUB STATION
C.W. Lingey, Superintendent
Western Washington Agency
571104
L.C. McKeever, Forester Appraiser
Hoquiem Sub Station
Inspection and Inventory of the property of Eldred Nunes, Q. 2329
described as SW 1/4 SE 1/4 Sec. 16, T, 21 N., R. 11 W., and NE 1/4 SE
1/4 Sec, 13, T. 21 N., R. 12 W., Willamette Meridian, containing 80
acres N/L.
A cursory inspection of this property was made on 570813
The forty acre tract in Section 16 is located approximately 9 1/2
miles northwest of Moclips, Washington, via seven miles of all weather
gravel logging road and 2 1/2 miles of abandoned logging road,
impossible except on foot.
The forty acres in Section 13 is located approximately seven miles
northeast of Moclips, via four miles of all weather gravel logging road,
two miles of poor logging road, and one mile on foot.
The land is primarily timberland. The tract in Section 16 was cut
over in 1940. At the present time, the tract is about 70% restocked
with cedar, and a small amount of hemlock and white pine.
The tract in Section 13 was logged in 1930. It was burned over in
400000. To date, it is about 10% restocked with chiefly hemlock and
some cedar. There is a dense cover of brush and bracken fern on the
area.
The soil of both tracts are of gravelly clay formation. The highest
and best known use for these lands is timber production.
Investigation of sales of similar lands in this vicinity includes SE
1/2 SE 1/4 Sec 13, T. 21 M., R. 12 W., which add in 351100 for $15.00
per acre. The NE 1/4 NE 1/4 Section 21 and NE 1/4 NE 1/4 Section 29 all
in T. 21; N., R. 11 W., was sold in 560400 for slightly in excess of
$26.00 per acre.
These lands are generally similar to the subject tracts except as to
accessibility.
The cursory inspection indicates that lands in this area similar to
the subject tract are selling far from $15.00 to $20.00 per acre.
HEL-010-0045-0046
HEL-010-0029-0048
LINGEY, C W BIA W WASH AGENCY
571107
CORRESPONDENCE
W WASH AGENCY
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
Air Mail
For Information
For Action
TO Commissioner.
Superintendent.
Area Director.
FOR ATTENTION OF: Realty
FROM Western Washington Agency
FILE REFERENCE: Nunes Eldred Q. 2329
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION: Realty
DATE: 570711
SUBJECT The attached Inspection and Inventory Report in triplicate is
for review and approval. It covers the allotment of Eldred Nunes, Q.
2329 and has been made in connection with a request for a patent in fee.
HEL-010-0047-0047
HEL-010-0029-0048
BR OF REALTY
570829
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
570829
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal report, dated 570813, covering the property of Eldred
Nunes, Quinault Allotment No. 2329, consisting of 80 acres, with an
appraised value of $1,475.00, is returned unapproved for reconsideration
by the forest appraiser.
The following revisions are recommended:
(1) Identify allotment numbers for supervised comparable sales.
(2) The summary of land values, page 8, should indicate separate
values for each noncontiguous parcel.
Observance of this procedure will indicate the value of each separate
parcel in addition to the total land value for the allotment. The
segregation of values by legal description for those allotments
involving noncontiguous property is requested in subsequent appraisal
reports. It may be added that the appraisal report would be
considerably improved by stating the approximate age of reproduction and
the percent of stocking for comparable sales and the subject property.
The unapproved report is returned in triplicate.
Sincerely yours,
(SGD) J.L. DIDDOCK
J. L. Diddock Area Realty Officer
Enclosure
WMShenkel/gs 8-29-57
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0048-0048
HEL-010-0029-0048
RINGEY, C W BIA W WASH AGENCY
580219
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett, Washington
Realty 312(1)
580219
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Dear Sir:
The original receipt for the fee patent issued on Quinault No. 1724
is attached for your records as requested.
Sincerely yours,
Claude D Albright
ACTING Superintendent
Enclosure
NOTED: 580221
Acting Area Director, Portland, Oregon
cc: Portland Area Office
HEL-010-0049-0050
HEL-010-0049-0057
COMM BIA D C
580219
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty 312(1)
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580219
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Dear Sir:
The original receipt for the fee patent issued on Quinault No. 1724
is attached for your records as requested.
Sincerely yours,
(Sgd) Claude D. Albright
ACTING Superintendent
Enclosure
NOTED: 580221
Acting Area Director, Portland, Oregon
cc: Portland Area Office
RECEIPT FOR PATENT
ORIGINAL
File No. 809-58 B.I.A.
Allotment No. Q. 1724
Western Washington Indian Agency
580214
RECEIVED of C.W. Ringey Superintendent U.S. Indian Agency Patent No.
1179217, issued 580303 name of Hannah Phelps Colbert (heir of Percy
Frederick Colbert), an non Indian, for NW 1/4 NE 1/4, SW 1/4 SE 1/4,
Sec. 23, T. 23 N., R. 12 W., Willamette Meridian, Washington, containing
80.00 acres.
Witness:
Hannah Phelps Colbert Patentee
HEL-010-0051-0052
HEL-010-0049-0057
COMM BIA D C PAO
580203
CORRESPONDENCE
HILL, C E US DOI BIA D C
IN REPLY REFER TO: Realty Requirements 809-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580203
Superintendent
Western Washington Agency
Fee patent numbered 1179217 issued 580203 to Hannah Phelps Colbert,
heir of Percy Frederick Colbert Quinault allottee numbered 1724 is
enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0053-0053
HEL-010-0049-0057
SUPT W WASH AGENCY
580014
CORRESPONDENCE
SKARRA, P E PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
Hannah Phelps Colbert, non Indian, was determined by the Department
to have inherited the estate of Percy Frederick Colbert, Quinault
allotee No. 1724, Probate No. 13408-57. Being non Indian, title passed
to this heir stripped of its original trust character. A patent in fee
is now desired in order to clarify title.
It is recommended that a patent in fee be issued to Hannah Phelps
Colbert for the following described land, provided there are no reasons
appearing on the records of the Bureau of Land Management why such
patent should not be issued:
NW 1/4 NE 1/4 and SW 1/4 SE 1/4, Sec. 23. T. 23 N., R. 12 W.,
Williamette Meridian, Washington, containing 80 acres.
Sincerely yours,
Acting Area Director
cc: Central Office (HIA), w/encl.
HEL-010-0054-0054
HEL-010-0049-0057
COMM DOI BIA DIR BUREAU OF LAND MGT
571204
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty 312(1)
Field Service Western Washington Indian Agency P.O. Box 915 Everett,
Washington
571204
Mr. Don. C. Foster Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There are attached in duplicate an Abstract of Probates and Land
Status Report relating to the allotment of Percy Frederick Colbert,
Quinault Allottee No. 1724. This allotment was inherited by Hannah
Phelps Colbert, non Indian.
Letter to the Bureau of Land Management requesting issuance of a
patent to her is also enclosed. Issuance of the patent is recommended
to conform to existing instructions is such cases.
Sincerely yours,
(Sgd) Claude D. Albright
ACTING Superintendent
Enclosures
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388), as amended, trust
patent No. 1063157, dated 330421, was issued to Percy Frederick Colbert,
Quinault Allottee No. 1724, for lands described as NW 1/4 NE 1/4 and SW
1/4 SE 1/4, Sec. 23, T. 23 N., R. 12 West, Williamette Meridian,
containing 80 acres, more or less.
1. There have been no subsequent transactions since issuance of above
patent affecting acreage or ownership.
2. The land is not within an Indian irrigation project.
3. The land is in heirship status and an abstract of probates is
attached.
4. There are no unpaid probate fees of record.
5. There is no record of indebtedness to the U.S. or the Quinault
Tribe against the land, allottee, or the heirs.
6. The entire allotment, as evidenced by attached abstract of
probates, lost its trust status at the time of allottee's death. Hannah
Phelps Colbert, a Non Indian, was sole heir by approved will.
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Indian
Agency.
571028
Marilyn L. Ping
Records Clerk
ABSTRACT OF PROBATES
Percy Frederick Colbert, Quinault Allottee No. 1724: Land described
as NW 1/4 NE 1/2 and SW 1/4 SE 1/4, Sec. 23, T. 23 N., R. 12 W., W.M.,
containing 80 acres.
Percy Frederick Colbert Died 550527 Probate No. 12408-57 Heirs
Hannah Phelps Colbert: All (Non Indian)
I HEREBY CERTIFY that this is a complete and correct abstract of
probates according to the official records of the Western Washington
Indian Agency.
571028
By Marilyn L. Ping
Marilyn L. Ping
Records Clerk
HEL-010-0055-0057
HEL-010-0049-0057
FOSTER, D C DOI BIA PORTLAND
580225
CORRESPONDENCE
HILL, C E DOI BIA D C
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS WASHINGTON 25.
D.C.
IN REPLY REFER TO: Realty Requirements 1679-58
580225
Superintendent Western Washington Agency
Fee patent numbered 1179710 issued 580221 to Morrison Logging
Company, Inc., purchaser of land included in the allotment of Talcus
Eastman Quinsislt allottee numbered 1066 is enclosed for recording and
delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill Special Assistant, Requirements
Enclosures cc: Area Director, Portland
Form 5-067 570400
RECEIPT FOR PATENT
78441 File No. 1679-58 B.I.A. 1066 Quinaielt
Allotment No. 1066 Western Washington Agency 580308
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1179710, issued 580221 in the name of Morrison Logging Company, Inc.
as Indian, for Lots 3 and 6, Sec. 3, T.23 N., R. 12 W., W.M., allotment
of Talcus Eastman, Quinault No. 1066, containing 76.17 acres. J.E.
Nohomen George C. Petie
by L.W. Morrison Sery James. Morrison Logging Company, Inc.
Patentee.
HEL-010-0058-0060
HEL-010-0058-0062
SUPT BIA W WASH AGENCY
580403
CORRESPONDENCE
ALBRIGHT, C D BIA W WASH AGENCY
IN REPLY REFER TO:
Realty
312(1)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580403
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Dear Sir:
The original receipts for the fee patents issued on the following
allotments are attached for your records as requested:
Quinault No. 1066, Talcus Eastman
Quinault No. 1313, Andrew J. Petit
Seattle (Skagit) P.D. 57, Lodgie Elijah Washington
Seattle (Skagit) P.D. 54, George Washington
Sincerely yours,
Claude D. Albright
ACTING Superintendent
Enclosure (4)
Noted: 580404
Martin N. B. Holm Acting Area Director, Portland, Oregon
Copy to: Portland Area Office (2)
HEL-010-0061-0062
HEL-010-0058-0062
COMM DOI BIA DC
580204
CORRESPONDENCE
PAO
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
Air Mail
For Information
X For Action
TO X Commissioner, BIA
Area Director.
Superintendent.
FOR ATTENTION OF: Branch of Realty
FROM Portland Area Office
FILE REFERENCE:
Quinaielt allotments 1066 and 400
MARK ANY RETURN CORRESPONDENCE FOR ATTENTIONS: Branch of Realty
DATE: 580204
SUBJECT Mr. Morrison of the Morrison Logging Company, purchasers of
the above allotments called at the office urgently requesting that the
patents be made available at the earliest possible date as it is
necessary to cross these allotments in order to reach adjacent
properties on which they are waiting to commence operations pending
receipt of the patents. It is anticipated that the request for issuance
of the patent on Allotment 400 will be submitted within the next few
days. It would be appreciated if these two cases might be given special
consideration.
HEL-010-0063-0064
HEL-010-0063-0075
COMM DOI BIA BR OF REALTY
580204
CORRESPONDENCE
AREA DIR PAO
Realty 310(2)
Portland Area Office Post Office Box 4097 Portland 3, Oregon
580204
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
The sale of land described as Lots 3 and 6, sec. 3, T. 23 N., R. 12
W., Willamette Meridian, Washington, containing 76.17 acres, more or
less, included in the allotment of Talcus Eastman, deceased Quinaielt
allottee No. 1066, is hereby approved pursuant to authority delegated by
Secretarial Order No. 2508 of 490111 (14 F. R. 258), and Order No. 551
of the Commissioner, Bureau of Indian Affairs, dated 510329 (16 F. R.
2939).
It is requested that a patent in fee be issued to the MORRISON
LOGGING COMPANY, INC., A WASHINGTON CORPORATION, the purchaser, for the
above described land, provided there are no reasons appearing on the
records of the Bureau of Land Management why such patent should not be
issued, said patent to contain the following: 50% of all minerals,
including oil and gas, are hereby reserved, in trust, to the grantors.
Sincerely yours,
Martin N. B. Holm
ACTING Area Director
Enclosure
cc: Central Office(BIA),w/encl.
cc: Western Washington Agency (2)
HEL-010-0065-0065
HEL-010-0063-0075
COMM DOI BIA DIR BUREAU OF LAND MGT
580130
CORRESPONDENCE
DUBRAY, F F
580130
J. L. Diddock, Area Realty Officer Portland Area Office
F. F. DuBray, Real Property Officer Western Washington Agency
Talcus Eastman Sale, Quinault No. 1066
Attached are Official Receipt and CV-510-582-58 in connection with
the Sale of the Talcus Eastman allotment, Item 66, Sale Invitation No.
331.
F. F. DuBray
Real Property Officer
Enclosure
HEL-010-0066-0066
HEL-010-0066-0075
DIDDOCK, J L PAO DUBRAY, F F W WASH AGENCY
580128
CORRESPONDENCE
AREA DIR PAO
Realty 310(2)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580128
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Dear Mr. Ringey:
Receipt is acknowledged of your letter of 000124 submitting documents
covering the sale of the original trust allotment of Talcus Estman,
deceased Quinault allottee No. 1066, to the Morrison Logging Company,
Inc., a Washington corporation.
The documents have been reviewed and the sale approved.
The notice of award, Form 3-114, has been completed and forwarded by
certified mail, return receipt requested, to the Morrison Logging
Company, Inc., Box 1019, Aberdeen, Washington, requesting remittance of
the balance of the purchase price in the amount of $36,900.00 plus
$22.50 sale and conveyance fees, a total of $36,922.50.
A copy of Form 5-114 is enclosed for the records of the Western
Washington Agency.
The request for issuance of a patent is fee to the purchaser will be
transmitted to the Bureau of Land Management, Washington 25, D. C., upon
receipt by this office of a copy of the collection voucher showing
deposit of the balance due.
Sincerely yours,
Area Director
Enclosure
cc: Central Office (BIA)
Form No. 5-110n 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report on Sale of Indian Land
Name of Allottee Talcus Eastman No. 1066 Quinault Reservation Item
No. 66 Invitation to Bid No. 331 Appraised Value $31,450.00 Name of
Highest Bidder Morrison Logging Company, Incorporated Amount Deposited
with Highest Bid $4,100.00 Names and amount of Bids received on subject
tract: Morrison Logging Company, Incorporated $1,000.00
It is recommended that the highest bid be accepted and that the
(request for patent in fee)# be approved.
F. F. DuBray, Real Property Officer
Title
#Strike out words not applicable.
HEL-010-0067-0068
HEL-010-0064-0075
RINGEY, C W BIA W WASH AGENCY
580124
CORRESPONDENCE
SCHWARTZ, W L W WASH INDIAN AGENCY
Realty Acq. & Disp. EASTMAN, Talcus
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington 580124
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
In connection with the sale of the Talcus Eastman allotment, Quinault
No. 1066, which was offered for sale as Item No. 66 on Sale Invitation
No. 331, there are attached the following instruments in duplicate
unless otherwise noted.
Application for Sale
Land Status Report
Abstract of Probates
Form 5-110n, Report of Sale
Form 5-114 Invitation, Bid and Award
Appraisal, (1 copy)
Letter to the Bureau of Land Management
Approval of the sale is recommended since the fair market value has
been exceeded by the highest bid as determined by the Appraisal.
Sincerely yours,
(SGD) H.L. Schartz
ACTING Superintendent
Enclosure
P.S. Conveyance by patent is because there are minors involved and
their interest will be distributed when legal guardian has been
appointed for them.
Form No. 5-105
550400
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Allottee
Talous Eastman No. 1066 Reservation Quinault RESERVING 50% OF ALL OIL
AND MINERAL RIGHTS, 560114
Application is hereby made for (supervised sale)# for the following
described land: Lot 3 & 6. Sec. 3. T. 23 N. R. 12 W.W.M. containing
76.17 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 37
2. Date of Birth 190213
3. Degree of Indian Blood full
4. Single (strike out one)
5. Education: Years in elementary school 8 High School none college
6. The following persons are dependent upon me for support (Give
names, ages and relationship) daughter Barbara Jean Winston 400207, Son
george Winston JR 510403
7. I am enrolled as a Quinanet India
8. Permanent address Stair #1 Box 183. Shelton Wash
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:
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 (do not)# live on or make personal use of the land covered
by this application. do not
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:
for the support of my self and minor children, and a home
I (We)# 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.
From 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.
Subscribed and sworn before me this 1570312 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants
John D. Libby Tourist Manager
Adele Martin Winston
Barbara Jean Winston, minor daughter, by Adele Martin Winton,
parential
Susan C. Ward
Effie Parie Ward, minor daughter, by Susan C. Ward, parential
guardian by Susan C. Thard
Charles Allen Ward, minor son, by Susan C. Ward, parential guardian
By Susan C. Thard
Rosita Ward, Minor daughter, by
Susan C. Ward, parential guardian By Susan C Thard
APPLICATION APPROVED
Claude D. Albright
Superintendent 550106
LAND STATUS REPORT
Pursuant to the Act of 870208, (24 Stat. 388) as amended by the Act
of 110304, (36 Stat. 1345) trust patent No. 1015039, dated 280423, was
issued to Talcus Eastman, Quinault allotte No. 1066, for lands described
as: Lots 3, 6, sec. T. 23 N., R. 12 West, Willamette meridian
Washington, containing 76.17 acres, more or less.
1. There have been subsequent transactions since issuance of above
patent, affecting averge or ownership of this allotment.
A 70 foot logging road right of way, as a revocable permit, to Bay
City Lumber Company, Aberdeen, Washington, crosses Lot 3 from NE to SW.
Approved as a revocable permit under authority Order No. 2252, dated
460909, 11 Fed. Reg. 10296 by John H. Provinse, Assistant Commissioner.
Revocable permit to Bay City Lumber Company, cancelled, effective
121057, by C.W. Ringey, Superintendent, Western Washington Agency,
Everett, Washington.
2. There have been no other transactions affecting acreage or
ownership of allotment No. 1066.
3. This allotment is not within a goverment irrigation project.
4. The land is in heriship status and an Abstract of probates report
is attached.
5. There are no unpaid probates fees of record.
6. There is no record of indebebteness to the United States or the
Quinault Tribe against the land, allottee or heirs.
7. As of this date, as evidenced by the attached Abstract of
Probates, the ownership of land remaining in trust status, described as:
Lots 3, 6, sec. 3, T. 23 N., R. 12 W., Willamette Meridian, containing
76.17 acres. more or less, embraced within the Talcus Eastman allotment
No. 1066.
Adele Martin Winton, an undivided 9/27 interest
Barbara Jean Winton, 9/27
Susan C. Ward 3/27
Effie Marie Ward 2/27
Charles Allen Ward 2/27
Rosita Ward 2/27
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Agency.
580114
Clyde E. Wren
Real Property Assistant
ABSTRACT OF PROBATES
Talcas Eastman, Quinault No. 1066, land described as: Lots 3 and 6,
section 3, Twp. 23 North Range 12 West, Willamette Meridian, Washington,
containing 70.17 acres, more or less.
"Table not Keyed, See Original"
It is hereby certified that the above is a true and complete Abstract
of Probates of the estate of Talcas Eastman according to the records of
this Agency.
Charles P. Mathes, Real Property Assistant
Western Washington Agency
Everett, Washington
570513
HEL-010-0069-0075
HEL-010-0063-0075
FOSTER, D C DOI BIA PORTLAND
571010
CORRESPONDENCE
LEMERY, L PAO DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
571010
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal report, dated 570503, covering the property of Talcus
Eastman, Quinault Allotment No. 1066, consisting of approximately 76.17
acres, has been approved in the fair market value of $31,450.00.
It is noted from the letter of transmittal, dated 570514, that a
supervised sale of the subject allotment is contempleted.
Approved report in duplicate is enclosed.
Sincerely yours,
L. LEMERY
J. L. Diddock Area Realty Officer
Enclosure
WMShenkel/gs 571010
cc: Branch subject Branch chrony Yellow chrony
Mr. George W. Mathis, Chief Appraiser
Portland Area Office Realty Branch Realty 571110
Attached is one copy of appraisal report, dated 570503, approved by
Mr. George W. Mathis during his visit to the Portland Area Office,
covering the property of Talcus Eastman, Quinsult Allotment No. 1066,
consisting of 76117 acres, with an appraised value of $31,450.00. The
owners have requested a supervised sale of the subject property.
WMShankel/gs 571110 cc: Branch subject Branch chrony Yellow chrony
HEL-010-0076-0077
HEL-010-0076-0089
RINGEY, C W W WASH AGENCY
570514
CORRESPONDENCE
REAL PROP OFFICER
570514
J. L. Diddock, Acting Area Realty Officer Portland Area Office
R. H. Hutchinson, Real Property Officer Western Washington Agency
Appraisal report: Talcus Eastman, Q. 1066
An appraisal report in quadruplicate by Willis A. Shull is attached
in connection with a planned supervised sale. The report apparently
contains no arithmetical error of significance and it is recommended for
approval.
Real Property Officer
Attachments
Form 5-110a
APPRAISAL REPORT
Area: Portland
Agency: Western Washington
Property of: Talcus Eastman Q. 1066
Address: C/O Mrs. Adole Martin Winton, Rts 1, Box 183, Olympia,
Wash.
Purpose of Appraisal: To determine the fair market value of the fee
simple title
Legal Description: Lots 3, and 6, Sec. 3. T. 23 N., R. 12 West
Willamette Meridian
State: Washington
County: Grays Harbor
No. Acres: 76.17
Type & Character: Virgin Timber land,
APPRAISED VALUATION AS OF 570528
FAIR MARKET VALUE $31,450.00
I certify that I have carefully examined the above described premises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intended future interest therein.
570503
Willis A. Shull Appraiser
APPROVED 570810 /s/ George W. Mathis Name Chief Appraiser Title
PROPERTY OF: Talcus Eastman
INDEX
PROPERTY OF: Talcus Eastman
INSPECTION OF PROPERTY:
Inspected by Willis A. Shull on 570427 and 570428
LOCATION: NEIGHBORHOOD ANALYSIS:
Tract is located on US Highway No. 101, 54 miles from Hoquim,
Washington, the nearest railhead. This highway runs through the
southwest corner of the allotment. The tract lies in the northwestern
part of the Quinault Reservation.
The tract is virgin timber land, less log road right of way, and US
101 right of way.
ADAPTABILITY CHARACTER AND TOPOGRAPHY:
This tract consists of 76.17 acres of timber land, two acres of which
supports only brush; and four acres of whichs lies in the right of way
for a logging road, which runs from US 101 northerly through the
allotment, and 0.6 acres which lies in right of way for US 101.
The timber is about one half Cedar, and one half Hemlock, with a
small amount of Spruce. All the timber is old and over mature, with
considerable defect. The Cedar logs are large in size, and the Hemlock
about average.
The soil is the common yellow clay of the region, with a gravel
mixture. There are no gravel or rock outcroppings.
The tract is drained to the north by a small stream which drains into
Salmon River.
The elevation is 150' where the tract borders on Salmon River at the
northwest corner, and 300' above sea level at the southwest corner.
PROPERTY OF: Talcus Eastman
DETAIL DESCRIPTION OF LAND: (TIMBER)
Timber Cruise Specifications 29% cruise by 1/5 acre sample plots
Minimum D.B.H. 12" Top Diameter Merchantable Merchantability 33 1/36
Defect and Breakage Reductions Cedar 35% Dead Cedar 50% Hemlock 15%
Spruce 15% White Fine 10%
"Table not Keyed, See Original"
Logging conditions: Very favorable as to terrain; could be tractor
logged in dry weather season.
Log size is favorable. Cedar is large, and Hemlock is average,
Density, average.
Tract is bisector north and south by a logging road and entire tract
could be logged with no more roads to build.
The small corner isolated by US 101 has nuisance value from a logging
standard, but is too small to be considered.
Estimated logging cost, $30.00 per M.B.H.
PROPERTY OF: Talcus Eastman
DETAILED DESCRIPTION OF IMPROVEMENTS:
No Improvements
PROPERTY OF: Talcus Eastman
MARKET DATA COMPARISONS AND ANALYSIS: U.S.B.I.A. sales on the
Quinult Reservation.
"Table not keyed, see Original"
Notes: This sale is within two miles of the tract appraised, and is
very similar, when the two like species of W. Fir and Hemlock of the
comparison are combined.
Bare Land Sale Comparison:
SE 1/4, SEC. 13, H., R. 12 WM; 40 acres. Sale of 551207 Quinsult
allotment of leven P. Co; sold to Aloha Lumber Company. Location:
Southwestern part of the Quinalt Reservation, Fifteen miles south of
this tract for appraisal. Acces: Seven miles from a State Highway,
over two miles private road, and five miles UBBIA administration road.
Charactor: Bare, burned, logged over timber land of average site
quality. Bids received: $201.00; $600.00. Sales price per acre,
$15.00.
PROPERTY OF: Talcus Eastman
CAPITALIZATION OF INCOME ANALYSIS:
Log market prices are taken from averages of recent sales of logs on
Grays Harbor and Puget Sound, adjusted to the nearest $0.50.
"Table not keyed, see Original"
Standard conversion to stampage prices; log market averages less
estimated logging costs of $30.00. Cedar ...$54.58 less $30.00 .$24.58
MBN ............................... . Hemlock .$42.44 less $30.00
.$12.44 MBM ............................... . Spruce ..$50.37 less
$30.00 .$20.37 MBM ............................... . W. Pine .$43.00
Less $30.00 .$13.00 MBM ............................... .
Talous Eastman
PROPERTY OF:
Talous Eastman
SUMMARY OF LAND VALUES
"Table not Keyed, See Original"
SUMMARY OF IMPROVEMENT VALUES
"Table not Keyed, See Original"
ASSESSED VALUE
"Table not Keyed, See Original"
PROPERTY OF: Talcus Eastman
CORRELATION OF METHODS SUMMARY CONCLUSIONS:
Comparison sales similar in composition, access, density and grade
are scare in this district, Considerations affecting market value, as
compared to allotment No. 1053, are shown below.
Acess Very good.
Composition About the same
Log size About the same
Logging conditions Very favorable in both cases
Density Approximately the same, about average for this district.
Grade Approximately the same except for Cedar, which would bring the
average for the tract appraisal about $1.00 per HBM above the
comparison.
Due to the depressed market conditions for Cedar stumpage, and the
competitive interest shown in the pulping species; stumpage figures
from log conversion does not reflect the present market value for this
tract.
Based on stumpage prices received for the similar comparison sales;
market values for this tract are set accordingly.
Table not Keyed, See Original
Bare Land Sale.
Based on the established value of $15.00 per acre for bare timber
land of average site class on the Quinault Reservation, in a less
accessible location, fair market value for this tract is set as follows.
Table not Keyed, See Original
PROPERTY OF: Talcum Eastman
"TRACT MAP not Keyed See Original"
"not Keyed, See Original"
Talcus Eastman Q 1066
NORTH WEST PORTION QUINAULT INDIAN RESERVATION
"Map not Keyed, See Original"
HEL-010-0078-0089
HEL-010-0076-0089
DIDDOCK, J L PAO HUTCHINSON, R H W WASH AGENCY
580317
CORRESPONDENCE
HILL, C E US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
ORIGINAL
RECEIPT FOR PATENT
File No. 78673 1720 Quinault.
Allotment No. 1720
Western Washington Agency
580327
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee patent
No. 1180220, issued 580314 in the name of Hannah Phelps Colbert Indian,
for undivided 1/7 interest in the: SW 1/4 NE 1/4, Sec. 7, SW 1/4 NW
1/4, Sec. 8, T 23 N., R. 12 W., W.M., containing 80 acres.
Hannah Phelps Colbert Patentee.
IN REPLY REFER TO: mms
Realty Requirements 2329-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580317
Superintendent Western Washington Agency
Fee patent numbered 1180220 issued 580314 to Hannah Phelps Colbert,
heir of Catherine Petit Colbert and of Percy F. Colbert, for an
undivided 1/7 interest. Quinault allottee numbered 1720 is enclosed for
recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0090-0092
HEL-010-0090-0098
SUPT W WASH AGENCY
000000
CORRESPONDENCE
ACT AREA DIR PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
Hannah Phelps Colbert, non Indian, was determined by the Department
to have inherited a 1/7 undivided interest in the estate of Catherine
Petit Colbert, Quinault No. 1720, Probate No. 27808-41, also Probate No.
12408-57, Percy F. Colbert estate. Being non Indian, title passed to
this heir stripped of its original trust character. A patent in fee is
now desired in order to clarify title.
It is recommended that a patent in fee be issued to Hannah Phelps
Colbert for the following described land, provided there are no reasons
appearing on the records of the Bureau of Land Management why such
patent should not be issued:
1/7 undivided interest in the SW 1/4 NE 1/4, Sec. 7 and SW 1/4 NW
1/4, Sec. 8. T. 23 N., R. 12 W.M. containing 80 acres.
Sincerely yours,
Acting Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0093-0093
HEL-010-0090-0098
DIR BUREAU OF LAND MGT
580210
CORRESPONDENCE
DUBRAY, F F W WASH AGENCY
OFFICE MEMORANDUM UNITED STATES GOVERNMENT
DATE: 580210
TO: J. L. Diddock, Area Realty Officer Portland Area Office
FROM: F. F. DuBray, Real Property Officer Western Washington Agency
SUBJECT: Patent in fee for three heirs of Catherine Petit Colbert,
Q. 1720
As requested by your memorandum dated 580116, attached in duplicate
are Abstract of Probates and Land Status Report relating to the
allotment of Catherine Petit Colbert, Quinault allottee No. 1720. A
9/504 undivided interest in this allotment was inherited by John H.
Clancy, Sr., a 9/504 undivided interest inherited by Paul Westfall and a
24/504 undivided interest inherited by Roy Hudson Herrold, all non
Indians.
Letter to the Bureau of Land Management requesting issuance of a fee
patent to the above named heirs is also enclosed. Issuance of the
patent is recommended to conform to existing instructions in such cases.
F. F. DuBray
Real Property Officer
HEL-010-0094-0094
HEL-010-0090-0098
DIDDOCK, J L PAO
580116
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
580118
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency Attn: Branch of Realty
Portland Area Office Branch of Realty
Recommendation for issuance of patent in fee to Hannah Phelps
Colbert, non Indian heir to an undivided 1/7 interest in Quinialt
allotment No. 1720.
The file in the above matter was submitted with your letter of
571203.
According to the Abstract of Probates report, there are three other
non Indian heirs to this allotment. Unless there is some special reason
for not doing so, files for issuance of fee patents should be submitted
for these three non trust interests also.
We will hold the Hannah Phelps Colbert case in abeyance for the
present awaiting information concerning the other three, or receipt of
files recommending issuance of fee patents to them.
(SGD) J. L. DIDDOCK
J. L. Diddock
Area Realty Officer
cc: Branch subject
Branch chrony
Yellow chrony
GMLeighton/ev 580116
HEL-010-0095-0095
HEL-010-0090-0098
RINGEY, C W W WASH AGENCY PAO BR OF REALTY
571203
CORRESPONDENCE
ALBRIGHT, C D W WASH AGENCY
Realty 312(1)
Field Service Western Washington Indian Agency P. O. Box 915 Everett,
Washington
571203
Mr. Don C. Foster Area Director, Portland Oregon
Attention: Realty
Dear Mr. Foster:
There are attached in duplicate an Abstract of Probates and Land
Status Report relating to the allotment of Catherine Petit Colbert,
Quinault allottee No. 1720. A 1/7 undivided interest in this allotment
was inherited by Hannah Phelps Colbert, non Indian.
Letter to the Bureau of Land Management requesting issuance of a
patent to her is also enclosed. Issuance of the patent is recommended
to conform to existing instructions in such cases.
Sincerely yours,
(Sgd) Claude D. Albright
ACTING Superintendent
Enclosures
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388), as amended, trust
patent No. 1063153 dated 330421 was issued to Catherine Petit Colbert,
Quinault Allottee No. 1720, for lands described as SW 1/4 NW 1/4, Sec. 7
and SW 1/4 NW 1/4, Sec. 8, T. 23 N., R. 12 West, Willamette Meridian,
containing 80 acres, more or less.
1. There have been no subsequent transactions since issuance of
above patent affecting acreage or ownership.
2. The land is not within an Indian irrigation project.
3. The land is in heirship status and an abstract of probates is
attached.
4. There are unpaid probate fees as follows:
Estate of John Henry Clancy, Jr. Q-1716, Pro. 9569-57 --$50.00 Estate
of Elfreda Colbert Herrold, Q-1863, Pro. 15761-54 --$58.34
There are no other unpaid probate fees of record.
5. There is no record of indebtedness to the U. S. or the Quinault
Tribe against the land or the allottee.
6. As of this date, as evidenced by the attached abstract of
probates, the ownership of the land remaining in trust status, described
as a 390/504 undivided interest in the SW 1/4 NE 1/4, Sec. 7, and SW 1/4
NW 1/4, Sec. 8, T. 23 N., R. 12 West, Willamette Meridian, containing 80
acres, more or less, embraced within Quinault Allotment No. 1720, is as
follows:
Daisy J. Brown an undivided 72/504 interest
Hilma A. Colbert " " 72/504 "
Mildred C. Colbert " " 72/504 "
Ruby C. Colbert " " 72/504 "
Daniel F. Clancy " " 27/504 "
Catherine Andrews Summey " " 27/504 "
Bernard C. Herrold " " 8/504 "
Betsy Ann H. Trick " " 8/504 "
Harlan Herrold " " 8/504 "
Catherine H. Troch " " 8/504 "
Charlotte H. Davis " " 8/504 "
David Herrold " " 8/504 "
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Indian
Agency.
571028
Marilyn L. Ping Records Clerk
ABSTRACT OF PROBATES
Catherine Petit Colbert, Quinsult Allottee No. 1720. Land described
as SW 1/4 NE 1/4, Sec. 7, and SW 1/4 NW 1/4, Sec. 8, T. 23 N., R. 12 W.,
W.M., containing 80 acres.
"Table not Keyed, See Original"
I HEREBY CERTIFY that this is a complete and correct abstract of
probates according to the official records of the Western Washington
Indian Agency.
571028
By Marilyn L. Ping Records Clerk
HEL-010-0096-0098
HEL-010-0090-0098
FOSTER, D C DOI BIA PORTLAND
580317
CORRESPONDENCE
HILL, C E US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
IN REPLY REFER TO:
Realty Requirements 2330-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580317
Superintendent Western Washington Agency
Fee patent numbered 1180221 issued 580314 to Roy Hudson Harrold, heir
of Elfreda C. Harrold, heir of Catherine Petit Colbert, for an undivided
24/504 interest. Quinault allottee numbered 1720 is enclosed for
recording delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067
570400
HEL-010-0099-0100
HEL-010-0099-0105
SUPT W WASH AGENCY
580213
CORRESPONDENCE
ACT AREA DIR PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580213
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir: Roy Hudson Herrold, non:Indian, was determined by the
Department to be an heir to an undivided 24/504 interest in the estate
of Elfreda C. Herrold, Probate No. 15761-54, which estate included an
undivided 8/56 interest in the allotment of Catherine Petit Colbert,
deceased Quinsielt allottee No. 1720, Probate No. 27808-41. Being
non:Indian, title passed to this heir stripped of its original trust
character. A patent in fee is now desired to clarify title.
It is recommended that a patent in fee be issued to ROY HUDSON
HERROLD for his inherited undivided 24/504 interest in the following
described land, provided there are no reasons appearing on the records
of the Bureau of Land Management why such patent should not be issued:
SW 1/4 NE 1/4 Sec. 7, SW 1/4 NW 1/4 sec. 8, all in T. 23 N., R. 12
W., Willamette Meridian, Washington, containing 80.00 acres, more or
less.
Sincerely yours,
Martin N.B. Holn
Acting Area Director
cc: Central Office (BIA), w/encl. Western Washington Agency (2)
The Portland Office Recording Volume /Page 26 Line 17 Tract File No.
WW
HEL-010-0101-0101
HEL-010-0099-0105
COMM DOI BIA DIR BUREAU OF LAND MGT
580210
CORRESPONDENCE
DUBRAY, F F W WASH AGENCY
Office Memorandum UNITED STATES GOVERNMENT
Date: 580210
TO: J. L. Diddock, Area Realty Officer Portland Area Office
FROM: F. F. DuBray, Real Property Officer Western Washington Agency
SUBJECT: Patent in fee for three heirs of Catherine Petit Colbert,
Q. 1720
As requested by your memorandum dated 580116, attached in duplicate
are Abstract of Probate and Land Status Report relating to the allotment
of Catherine Petit Colbert, Quinault allottee No. 1720. A 9/504
undivided interest in this allotment was inherited by John H. Clancy,
Sr., a 9/504 undivided interest inherited by Paul Westfall and a 24/504
undivided interest inherited by Roy Hudson Herrold, all non:Indians.
Letter to the Bureau of Land Management requesting issuance of a fee
patent to the above named heirs is also enclosed. Issuance of the
patent is recommended to conform to existing instructions in such cases.
F. F. DuBray
Real Property Officer
HEL-010-0102-0102
HEL-010-0099-0105
DIDDOCK, J L PAO
580116
CORRESPONDENCE
DIDDOCK, J L
Realty
580116
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Attn: Branch of Realty
Portland Area Office Branch of Realty
Recommendation for issuance of patent in fee to Hannah Phelps
Colbert, non Indian heir to an undivided 1/7 interest in Quinault
allotment No. 1720.
The file in the above matter was submitted with your letter of
571203.
According to the abstract of Probates report, there are three other
non Indian heirs to this allotment. Unless there is some special reason
for not doing so, files for increase of fee patents should be submitted
for those three non trust interests also.
We will hold the Hannah Phelps Colbert case in abeyance for the
present awaiting information concerning the other three, or receipt of
files recommending issuance fee patents to them.
J. L. Diddock
Area Realty Officer
cc: Branch subject Branch chrony Yellow chrony (Leighten/ev 580116
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388), as amended, trust
patent No. 1063153 dated 330421 was issued to Catherine Petit Colbert,
Quinault Allottee No. 1720, for lands described as SW 1/4 NE 1/4, Sec. 7
and SW 1/4 NW 1/4, Sec. 8, T. 23 N., R. 12 West, Willamette Meridan,
containing 80 acres, more or less.
1. There have been no subsequent transactions since issuance of
above patent affecting acreage or ownership.
2. The land is not within an Indian irrigation project.
3. The land is in heirship status and an abstract of probates is
attached.
4. There are unpaid probate fees as follows:
Estate of John Henry Clancy, Jr. Q-1716, Pro. 9569-57, $50.00 Estate
of Elfreda Colbert Herrold, Q-1863, Pro. 15761-54, $58.34
There are no other unpaid probate fees of record.
5. There is no record of indebtedness to the U.S. or the Quinault
Tribe against the land or the allottee.
6. As of this date, as evidenced by the attached abstract of
probates, the ownership of the land remaining in trust status, described
as a 390/504 undivided interest in the SW 1/4 NE 1/4, Sec. 7, and SW 1/4
NW 1/4, Sec. 8, T. 23 N., R. 12 West, Willamette Meridian, containing 80
acres, more or less, embraced within Quinault Allotment No. 1720, is as
follows:
Daisy J. Brown an undivided 72/504 interest
Hilma A. Colbert " " 72/504 "
Mildred C. Colbert " " 72/504 "
Ruby C. Colbert " " 72/504 "
Daniel F. Clancy " " 72/504 "
Catherine Andrews Summey " " 27/504 "
Bernard C. Herrold " " 8/504 "
Betsy Ann H. Trick " " 8/504 "
Harlan Herrold " " 8/504 "
Catherine H. Troeh " " 8/504 "
Charlotte H. Davis " " 8/504 "
David Herrold " " 8/504 "
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Indian
Agency.
/sgd/ Marilyn L. Ping Marilyn L. Ping Records Clerk
571028
A B S T R A C T O F P R O B A T E S
Catherine Petit Colbert, Quinault Allottee No. 1720. Land described
as SW 1/4 NE 1/4, Sec. 7 and SW 1/4 NW 1/4 Sec. 8. T. 23 N., R. 12 W.,
W.M. containing 80 acres.
"Table not Keyed, See Original"
I HEREBY CERTIFY that this is a complete and correct abstract of
prolates according to the official records of the Western Washington
Indian Agency.
By /sgd/ Marilyn L. Ping Marilyn L. Ping Records Clerk
571028
HEL-010-0103-0105
HEL-010-0099-0105
RINGEY, C W W WA AGENCY
580317
CORRESPONDENCE
HILL, C E US DOI BIA D C
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
IN REPLY REFER TO:
Realty Requirements 2331-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580317
Superintendent Western Washington Agency
Fee patent numbered 1180222 issued 580314 to Paul Westfall, heir of
Catherine Petit Colbert, for an undivided 1/56 interest. Quinaielt
allottee numbered 1720 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0106-0107
HEL-010-0106-0112
SUPT W WASH AGENCY
580213
CORRESPONDENCE
HOLM, M N B PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580213
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
Paul Westfall, non Indian, was determined by the Department to be an
heir to an undivided 1/56 interest in the estate of Catherine Petit
Colbert, deceased Quinaielt allottee No. 1720, Probate No. 27808-41.
Being non Indian, title passed to this heir stripped of its original
trust character. A patent in fee is now desired in order to clarify
title.
It is recommended that a patent in fee be issued to PAUL WESTFALL for
an undivided 1/56 interest in and to the following described land,
provided there are no reasons appearing on the records of the Bureau of
Land Management why such patent should not be issued:
SW 1/4 NE 1/4 sec. 7, SW 1/4 NW 1/4 sec. 8, all in T. 23 N., R. 12
W., Willamette Meridian, Washington, containing 80.00 acres, more or
less.
Sincerely yours,
Martin N. B. Holn
Acting Area Director
cc: Central Office (BIA),w/encl. Western Washington Agency (2)
HEL-010-0108-0108
HEL-010-0106-0112
COMM DOI BIA DIR BUREAU OF LAND MGT
580210
CORRESPONDENCE
DUBRAY, F F W WASH AGENCY
580210
J. L. Diddock, Area Realty Officer Portland Area Office
F. F. DuBray, Real Property Officer Western Washington Agency
Patent in fee for three heirs of Catherine Petit Colbert, Q. 1720
As requested by your memorandum dated 580116, attached in duplicate
are Abstract of Probates and Land Status Report relating to the
allotment of Catherine Petit Colbert, Quinault allottee No. 1720. A
9/504 undivided interest in this allotment was inherited by John H.
Clancy, Sr., a 9/504 undivided interest inherited by Paul Westfall and a
24/504 undivided interest inherited by Roy Hudson Herrold, all non
Indians.
Letter to the Bureau of Land Management requesting issuance of a fee
patent to the above named heirs is also enclosed. Issuance of the
patent is recommended to conform to existing instructions in such cases.
F. F. DuBray Real Property Officer
HEL-010-0109-0109
HEL-010-0106-0112
DIDDOCK, J L PAO
570000
CORRESPONDENCE
AREA DIR PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner
Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25. D.C.
Dear Sir:
John H. Clancy, Sr., Paul Westfall and Roy Hudson Herrold, all non
Indians, were determined by the Department to be heirs in the estate of
Catherine Petit Colbert, deceased Quinault allottee No. 1720, Probate
No. 27808-41. Being non Indians title passed to these heirs stripped of
its original trust character. A patent in fee is now desribed in order
to clarify title.
It is recommended that a patent in fee be issued as follows: John H.
Clancy, Sr., for an undivided 9/504 interest, Paul Westfall for an
undivided 9/504 interest and to Roy Hudson Herrold for an undivded
24/504 interest in the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
SW 1/4 NE 1/4. Sec. 7, SW 1/4 NW 1/4, sec.8, all in T. 23 N.,
R. 12 W., Willamette Meridian, Washington, containing 80 acres, more
or less.
Sincerely yours,
Area Director
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388), as amended, trust
patent No. 1063153 dated 330421 was issued to Catherine Petit Colbert,
Quinault Allottee No. 1720 for lands described as SW 1/4 NE 1/4, Sec. 7
and SW 1/4 NE 1/4, Sec. 8, T. 23 N., R. 12 West, Willamette Meridian,
containing 80 acres, more or less.
1. There have been no subsequent transactions since issuance of above
patent affecting acreage or ownership.
2. The land is not within an Indian irrigation project.
3. The land is in heirship status and an abstract of probabates is
attached.
4. There are unpaid probate fees as follows:
Estates of John Henry: Clancy, Jr. Q 1716, Pro. 9569-57
$50.00
Estate of Elfreda Colbert Herrold, Q-1863, Pro. 15761-54 $58.34
There are no other unpaid probates fees of record.
5. There is no record of indebtendeness to the U.S. or the Quinault
Tribe against the land or the allottee.
6. As of this date, as evidenced by the attached abstract of
probates, the ownership of the land remaining in trust status, described
as a 390/504 undivided interest in the SW 1/4 NE 1/4, Sec. 7, and SW 1/4
NW 1/4, Sec. 8, T. 23 N., R. 12 West, Willamette Meridian, containing 80
acres, more or less embraced within Quinault Allotment No. 1720, is as
follows:
Daisy J. Brown an undivided 72/504 interest
Hilma A. Colbert " " 72/504 "
Mildred C. Colbert " " 72/504 "
Ruby C. Colbert " " 72/504 "
Daniel F. Clancy " " 27/504 "
Catherine Andrews Summey " " 27/504 "
Bernard D. Herrold " " 8/504 "
Betsy Ann H. Trick " " 8/504 "
Harlan Herrold " " 8/504 "
Catherine H. Troeh " " 8/504 "
Charlotte H. Davis " " 8/504 "
David Herrold " " 8/504 "
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Indian
Agency.
/sgd/Marilyn L. Ping
Marilyn L. Ping
Records Clerk
571028
A B S T R A C T O F P R O B A T E S
Catherine Petit Colbert, Quinault Allottee No. 1720 Land described as
Sw 1/4 NE 1/4, Sec. 7 and SW 1/4 NW 1/4, Sec. 8, T. 23 N., R. 12 W.,
W.M., containing 80 acres
"Table not Keyed, See Original"
I HEREBY CERTIFY that this is a complete and correct abstract of
probates according to the official records of the Western Washington
571028, Indian Agency.
By /sgd/ Marilyn L. Ping
Marilyn L. Ping Records Clerk
HEL-010-0110-0112
HEL-010-0106-0112
DIR BUREAU OF LAND MGT COMM DOI BIA
580317
CORRESPONDENCE
HILL, C E US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
IN REPLY REFER TO: Realty Requirements 2332-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C. 580317
Superintendent
Western Washington Agency
Fee patent numbered 1180223 issued 580314 to John H. Clancy, Senior,
heir of Catherine Petit Colbert, for an undivided 1/56 interest.
Quinaialt allottee numbered 1720 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0113-0114
HEL-010-0113-0119
SUPT W WASH AGENCY
580213
CORRESPONDENCE
HOLM, M N B PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland S, Oregon
580213
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
John H. Clancy, Sr., non Indian, was determined by the Department to
be an heir to an undivided 1/56 interest in the estate of Catherine
Petit Colbert, deceased Quinaielt allottee No. 1720, Probate No.
27808-41. Being non Indian, title passed to this heir stripped of its
original trust character. A patent in fee is now desired in order to
clarify title.
It is recommended that a patent in fee be issued to JOHN H. CLANCY,
Sr., for an undivided 1/56 interest in and to the following described
land, provided there are no reasons appearing on the records of the
Bureau of Land Management why such patent should not be issued:
SW 1/4 NE 1/4 sec. 7, SW 1/4 NW 1/4 sec. 8, all in T. 23 N., R. 12
W., Willamette Meridian, Washington, containing 80.00 acres, more or
less.
Sincerely yours,
Martin N.B. Holn
Acting Area Director
cc: Central Office (BIA),w/encl. Western Washington Agency (2)
HEL-010-0115-0115
HEL-010-0113-0119
DIR BUREAU OF LAND MGT COMM DOI BIA
580210
CORRESPONDENCE
DUBRAY, F F W WASH AGENCY
Office Memorandum UNITED STATES GOVERNMENT
TO: J. L. Diddock, Area Realty Officer Portland Area Office
FROM: F. F. DuBray, Real Property Officer Western Washington Agency
SUBJECT: Patent in fee for three heirs of Catherine Petit Colbert,
Q. 1720
580210
As requested by your memorandum dated 580116, attached in duplicate
are Abstract of Probates and Land Status Report relating to the
allotment of Catherine Petit Colbert, Quinault allottee No. 1720. A
9/504 undivided interest in this allotment was inherited by John H.
Clancy, Sr., a 9/504 undivided interest inherited by Paul Westfall and a
24/504 undivided interest inherited by Roy Hudson Herrold, all non
Indians.
Letter to the Bureau of Land Management requesting issuance of a fee
patent to the above named heirs is also enclosed. Issuance of the
patent is recommended to conform to existing instructions in such cases.
F. F. DuBray Real Property Officer
HEL-010-0116-0116
HEL-010-0113-0119
DIDDOCK, J L PAO
580116
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Attn: Branch of Realty
Portland Area Office Branch of Realty
580116
Recommendation for issuance of patent in fee to Hannah Phelpe
Colbert, non Indian heir to an undivided 1/7 interest in Quineielt
allotment No. 1720.
The file in the above matter was submitted with your letter of
571203.
According to the Abstract of Probates report, there are three other
non Indian heirs to this allotment. Unless there is some special reason
for not doing so, files for issuance of fee patents should be submitted
for these three non:trust interests also.
We will hold the Hannah Phelps Colbert case in abeyance for the
present awaiting information concerning the other three, or receipt of
files recommending issuance of fee patents to them.
J. L. Diddock Area Realty Officer
cc:Branch subject Branch chrony Yellow chrony GMLeighten/ev 580116
LAND STATUS REPORT
Pursuant to the Act of 870208, (24 Stat. 388), as amended, trust
patent No. 1063153 dated 330421, was issued to Catherine Petit Colbert,
Quinault Allottee No. 1720, for lands described as SW 1/4 NE 1/4, Sec. 7
and SW 1/4 NW 1/4, Sec. 8, T. 23 N., R. 12 West, Willamette Meridian,
containing 80 acres, more or less.
1. There have been no subsequent transactions since issuance of above
patent affecting acreage or ownership.
2. The land is not within an Indian irrigation project.
3. The land is in heirship status and an abstract of probates is
attached.
4. There are unpaid probate fees as follows:
Estate of John Henry Clancy, Jr. Q-1716, Pro. 9569-57 -- $50.00
Estate of Elfreda Colbert Herrold, Q-1863, Pro. 15761-54 -- $58.34.
There are no other unpaid probate fees of record.
5. There is no record of indebtedness to the U.S. or the Quinault
Tribe against the land or the allottee.
6. As of this date, as evidenced by the attached abstract of
probates, the ownership of the land remaining in trust status, described
as a 390/504 undivided interest in the SW 1/4 NE 1/4, Sec. 7, and SW 1/4
NW 1/4, Sec. 8, T. 23 N., R. 12 West, Willamette Meridian, containing 80
acres, more or less, embraced within Quinault Allotment No. 1720, is as
follows:
Daisy J. Brown an undivided 27/504 interest
Hilma A. Colbert an undivided 72/504 interest
Mildred C. Colbert an undivided 72/504 interest
Ruby C. Colbert an undivided 72/504 interest
Daniel F. Clancy an undivided 27/504 interest
Catherine Andrews Summeyan undivided 27/504 interest
Bernard C. Herrold an undivided 8/504 interest
Betsy Ann H. Trick an undivided 8/504 interest
Harlan Herrold an undivided 8/504 interest
Catherine H. Davis an undivided 8/504 interest
Charlotte H. Davis an undivided 8/504 interest
David Herrold an undivided 8/504 interest
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Indian
Agency.
571028
/sgd/ Marilyn L. Ping
Marilyn L. Ping
Records Clerk
ABSTRACT OF PROBATES
Catherine Petit Colbert, Quinault Allottee No. 1720. Land described
as SW 1/4 NE 1/4, Sec. 7 and SW 1/4 NW 1/4, Sec. 8, T. 23 N., R. 12 W.,
W.M., containing 80 acres.
"Table not Keyed, See Original"
I HEREBY CERTIFY that this is a complete and correct abstract of
probates according to the official records of the Western Washington
Indian Agency.
571028
By /sgd/Marilyn L. Ping
Marilyn L. Ping
Records Clerk
HEL-010-0117-0119
HEL-010-0113-0119
RINGEY, C W W WASH AGENCY
580905
CORRESPONDENCE
GAMMON, J E F BR OF REALTY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
Realty Acq. & Disp.
2679-58
FILE COPY
SURNAME
Mr. Don C. Foster Area Director, Portland, Oregon 580905
Dear Mr. Foster:
This refers to your letter of 000218 enclosing a letter from the
Superintendent of the Western Washington Agency, in which the
Superintendent requested information as to the supervision and
administration of village lots for which restricted fee patents have
been issued in accordance with sec. 10 of the Act of 100625, (36 Stat.
855).
There is enclosed for your information and guidance a copy of
memorandum from the Assistant Solicitor, Indian Legal Activities, which
is self explanatory.
Sincerely yours,
(Sgd) James E.F. Gammon
Chief, Acquisition and Disposal Section Branch of Realty
Enclosure
WEThomas: spe
580904
HEL-010-0120-0121
HEL-010-0120-0125
FOSTER, D C DOI BIA PORTLAND
580826
CORRESPONDENCE
SALISBURY, F C INDIAN LEGAL ACTIVIT
In reply refer to: G-58-1064.9
UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SOLICITOR
WASHINGTON 25, D. C.
580826
Memorandum
To: Commission of Indian Affairs
From: Assistant Solicitor, Indian Legal Activities
Subject: Legal status and Bureau's responsibility as to certain
village lots for which restricted fee patents have been issued under
section 10 of the act of 100625 (36 Stat. 855).
The questions raised in your memorandum of 580709, involve an
interpretation of Section 10 of the Act of 100625, 36 Stat. 855, 25
U.S.C. 351. This section, concerning the issuance of restricted patents
to lots in Indian villages located within reservations in the State of
Washington, is a special provision of the 100000 "omnibus" Indian Act
that dealt primarily with the disposition and sale of allotments of
deceased Indians. Section 10 provides:
"That the Secretary of the Interior be, and he is hereby, authorized,
whenever in his opinion it shall be conducive to the best welfare and
interest of the Indians living within an Indian village on any of the
Indian reservations in the State of Washington, to issue a patent to
each of said Indians for the village or town lot occupied by him, which
patent shall contain restrictions against the alienation of the lot
described therein to persons other than members of the tribe, except on
approval of the Secretary of the Interior; and if any such Indian shall
die subsequent to the approval of this Act, and before receiving patent
to the lot occupied by him, the lot to which such Indian would have been
entitled if living shall be patented in his name and shall be disposed
of as provided for in section one of this Act."
Section 10 was proposed by the Secretary of the Interior in a letter
to the Speaker of the House of Representatives, in which he stated:
"### The village of Neah Bay is inhabited by the Indians of the Makah
Reservation. These Makah Indians are skilled fishermen, whalers,
sailors, and pilots, and for generations have depended on the sea for
their livelihood. They catch large quantities of fish for market every
year, at times making wages of from $3 to $10 a day, besides obtaining a
sufficient amount of fresh fish for home consumption. They understand
the value of money and its purchasing power, and being alive to the
importance of adopting modern methods in connection with their fishing
industry, are constantly supplying themselves with better boats, and
have even adopted motor boats for fishing purposes.
In fact, most, if not all, of the Indians living in the several
villages on these reservations are expert fishermen and seamen.
Any attempt to force agriculture on such Indians as a regular
vocation would undoubtedly spoil a lot of good watermen in order to make
a few poor farmers. Town sites have therefore been established at
Taholah, Neah Bay, and at other points found convenient and necessary
for these fishermen, but it is found that they fear to invest their
savings in substantial improvements on their homes or the lots occupied
by them unless they can procure some evidence of permanent title
thereto.
The department believes that these Indians should be encouraged to
build substantial and comfortable homes and improve their home life
conditions, and would be glad to see legislation similar to that
suggested enacted." (H. Rept. 1135, 61st Cong., 2d sess., 100426.)
The lots in question are in townsites established at Taholah, Neah
Bay, and a few other localities on the Makah and Quinaielt Reservations.
The Makah reservation was set aside pursuant to the Makah Treaty of
550131 (12 Stat. 939), and added to by Executive Order of 721026, as
amended 730102 and 731021. The Quinaielt Reservation was set aside
pursuant to the Quinaielt Treaty of 550701 and 560125 (12 Stat. 971),
and Executive Order, 731104. By the 550131, Treaty, the Makah Tribe
ceded to the United States certain lands occupied by them, and there was
reserved for them a specified tract, with a provision for survey into
lots, such lots to be assigned to those individuals desiring "to locate
thereon as a permanent home." By the 550701 Treaty, the Qui-nai-elt and
Quil-heh-ute Indians ceded their lands to the United States, and there
was reserved for their "use and occupation" a specified tract, with a
similar provision for surveying into lots.
The enacted provision (Section 10) appears to be in the nature of an
allotment act, changing the status of the property from tribal to
individual land, without substantial change in the restrictions
applicable to individually owned Indian land. In fact, the Secretary of
the Interior recommended this in preference to allotments of
agricultural land. (See H. Rept., supra.)
The first question raised in your correspondence regarding these lots
concerns the character of their restricted status. Our conclusion is
that they are to be regarded as fully restricted, non taxable,
individual Indian property. Even the implied permission in Section 10
to sell to other tribal members has been repealed by Section 4 of the
Indian Reorganization Act; Act of 340618, 48 Stat. 984 (See
Commissioner's opinion 350715, approved by Secretary, to Superintendent,
Taholah Agency.) It seems clear that the sole purpose of this Section 10
was to allot individual parcels in order to remove the doubt of the
townsite lot occupants concerning their personal ownership of these
lots, so that they would build and improve homes thereon. The measure
adopted for this was to issue them a patent, which patent should contain
the specific provision against alienation required by that Section. It
was believed that this document would encourage such Indians "to invest
their savings" in improving their property. Nothing in this Section can
be construed as removing the general restrictions upon individually
owned land of restricted Indians. This conclusion conforms with the
provisions of 25 CFR, section 171.1(g) of which provides that
"Restricted lands" includes lands "held by individual Indians subject to
restrictions against alienation without the consent of the Secretary of
the Interior or his duly authorized representative."
The second question is whether the heirs of a patentee who are
"Indian, but non members of the tribe," would receive such property in
an "unrestricted and taxable status." We believe that, in such cases,
the removal of restrictions is within the discretion of the Secretary of
the Interior, who will be guided by the provisions of the first section
of the Act of 100625, supra, concerning disposal of land of deceased
allottees. It will be noted that if the Indian occupant dies before
receiving his patent, Section 10 specifically provides that the lot
"shall be disposed of as provided for in Section 1 of this Act." It also
provides for Secretarial approval, in the case of a conveyance to non
tribal members, after the Indian receives his patent. As for tax
exemption, it ceases if the restriction is removed.
The third question is whether there have been amendments to the Act
of 100625, supra, which after Section 10. There has been no amendment
to Section 10. The act itself was an omnibus provision containing 32
sections. As we have already indicated, any amendment to any of these
sections, as well as any other subsequent general Congressional
legislation involving restricted Indian real property, will apply as
much to these restricted lots as they do to other restricted individual
Indian real property.
The fourth query concerns the power of the patentee "to lease such
land, or encumber in any way, without Secretarial approval." Our
conclusion that this land is subject to general congressional
legislation restricting the disposition thereof, makes applicable the
statutes concerning leasing of individually owned restricted land, which
generally require Secretarial approval. (See 25 CFR, Parts 131, 171.)
The same applies to encumbrances in the nature of rights of way (25 CFR,
Part 161.), and to mortgages (Act of 560329, 70 Stat. 621.)
As to the responsibility of the Bureau of Indian Affairs with respect
to these lots, this responsibility is the same as in the case of any
other restricted individually owned Indian land, regardless of its
nature.
In conclusion, we reiterate that the lots for which patents have been
issued to individual Indians pursuant to Section 10 of the Act of
100625, are restricted not only by the specific restriction against
alienation stated therein, but also by the general restrictive
provisions of Congressional legislation applicable to individual Indian
property.
Franklin C. Salisbury
Assistant Solicitor
Indian Legal Activities
HEL-010-0122-0125
HEL-010-0120-0125
COMM OF INDIAN AFF DOI BIA
580709
CORRESPONDENCE
CROW, J O DOI BIA
Realty Acq. & Disp. 2679-58
580709
Memorandum
To: Associate Solicitor, Indian Legal Activities
Through: Assistant Secretary, Public Land Management
From: Commissioner
Subject: Legal status and Bureau's responsibility as to certain
village lots for which restricted fee patents have been issued under
section 10 of the act of 100625 (36 Stat. 855)
Attached hereto is a letter from our acting Area Director and a
letter from our acting Superintendant of the Western Washington Agency,
concerning the present legal status of certain village lots for which
restricted fee patents have been issued under section 10 of the act of
100625 (36 Stat. 855).
In view of the circumstances set forth in the letters and the four
questions raised by the Superintendent, your opinion is requested as to
the legal status of the lots and also the Bureau's responsibility in
connection therewith.
Reference files 32800-35-311 and 13055-54-311 are also attached.
(Sgd) John O. Crow
Assistant Commissioner
Attachments 2
cc: Area Director, Portland Superintendent, Western Washington
Agency
WEThomas:cch 580616
HEL-010-0126-0126
HEL-010-0126-0131
ASSC SOLICITOR INDIAN LEGAL ACTIVIT ASST SCTY PUBLIC LAND MGT
580218
CORRESPONDENCE
SKARRA, P E PAO
IN REPLY REFER TO:
L A 18466 Ten. & Acq. 59184-35 52956-39 32800-35 13055-54
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580218
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Dear Sir:
Enclosed is a letter dated 000214 from the Acting Superintendent,
Western Washington Indian Agency, requesting information as to the
supervision and administration of village lots for which restricted fee
patents were issued in compliance with Section 10 of the Act of 100625
(36 Stat. 855). The titles to these lots are becoming more involved
every day. Since no record was made of a good many of the conveyances,
it is difficult indeed to determine the rightful owners.
We wish also to refer to Office letter of 360609 from the Assistant
Commissioner, File L A 18466, and also Office letter of 541008, above
file references.
It would be appreciated if the Acting Superintendent's letter could
be reviewed and the questions answered in order that the Agency may
proceed to clear up titles on some of these lots.
We presently have before us in the Area office a problem of clearing
up title on a village lot which involves other people in the
consideration than the grantor and grantee since the buildings on the
property belong to another person and payment was made by the conveyance
of a bill of sale to a fishing boat and fishing gear. The grantor is
now deceased, and it is the desire of all parties concerned to vest
title in the grantee as originally intended. The complication is caused
by the entrance into the conveyance of a third person.
The above example merely illustrates the confusion that exists in
regard to titles to the village lots on the various reservations in the
State of Washington.
Sincerely yours,
Perry E. Skarra
Acting Area Director
Enclosure
HEL-010-0127-0127
HEL-010-0126-0131
COMM DOI BIA
580214
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
IN REPLY REFER TO:
Realty Acq. & Disp.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett, Washington
Through: Portland Area Officer
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Attention: Branch of Realty
Dear Sir:
Reference is made to Section 10 of the Act of 100625 (36 Stat. 855),
pertaining to the issuances of Restricted Fee Patents covering certain
Village lots in the State of Washington, and particularly to the Village
of LaPush on the Quileute Reservation, the Village of Neah Bay on the
Makah Indian Reservation and the Village of Taholah on the Quinault
Reservation.
The patents as issued under this Act recite the following: "NOW KNOW
YE, That the UNITED STATES OF AMERICA, in consideration of the premises,
HAS GIVEN AND GRANTED, and by these presents DOES GIVE AND GRANT, unto
the said claimant and to the heirs of the said claimant the Land above
described; TO HAVE AND TO HOLD the same, together with all the rights,
privileges, immunities, and appurtenances, of whatsoever nature,
thereunto belonging, unto the said claimant and to the heirs and assigns
of the said claimant forever; and there is reserved from the lands
hereby granted, a right of way thereon for ditches or canals constructed
by the authority of the United States. This patent is issued under
authority of Section ten of the Act of 100625 (36 Stat. 855), and
subject to the restriction that the lot above described shall not be
alienated to persons other than members of the tribe, except on approval
of the Secretary of the Interior, as provided by said Act."
The Restricted Fee Patent, unlike the trust patent, makes no
reference or provision whereby the land is protected against encumbrance
by the patentee without the approval of the Secretary of the Interior,
the only restriction being that of "alienation" to persons other than
members of the tribe.
Several questions have arisen regarding the legal status of these
lands, as set forth herein, on which we would like clarification.
1. Is the land in an unrestricted (except as to alienation) and
taxable status? Trust restrictions as implied in trust patents are not
evident in this type of restricted fee patent.
2. Upon the death of the patentee, would title pass to the heirs who
may be Indian, but non:members of the tribe, in an unrestricted and
taxable status?
3. Have there been subsequent amendments to the Act of 100625 (36
Stat. 855), as affecting Section 10?
4. It is possible under this Act for the patentee to sell, exchange,
or otherwise convey his land to any member of the tribe, without
approval or even notification to the Bureau for Agency records. Is is
also permissible to lease such land, or encumber in any way, without
Secretarial approval?
The foregoing questions have given us much concern, and clarification
as to Bureau responsibility would be greatly appreciated.
Sincerely yours,
M. L. Schwartz
ACTING Superintendent
HEL-010-0128-0131
HEL-010-0126-0131
COMM DOI BIA DC
580218
CORRESPONDENCE
SKARRA, P E PAO
IN REPLY REFER TO:
L A 18466 Ten. & Acq. 59184-35 52936-39 32800-35 13055-54
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Dear Sir:
Enclosed is a letter dated 000214 from the Acting Superintendent,
Western Washington Indian Agency, requesting information as to the
supervision and administration of village lots for which restricted fee
patents were issued in compliance with Section 10 of the Act of 100625
(36 Stat. 855). The titles to these lots are becoming more involved
every day. Since no record was made of a good many of the conveyances,
it is difficult indeed to determine the rightful owners.
We wish also to refer to Office letter of 360609 from the Assistant
Commissioner, File L A 18466, and also Office letter of 541008, above
file references.
It would be appreciated if the Acting Superintendent's letter could
be reviewed and the questions answered in order that the Agency may
proceed to clear up titles on some of these lots.
We presently have before us in the Area office a problem of clearing
up title on a village lot which involves other people in the
consideration than the grantor and grantee since the buildings on the
property belong to another person and payment was made by the conveyance
of a bill of sale to a fishing boat and fishing gear. The grantor is
now deceased, and it is the desire of all parties concerned to vest
title in the grantee as originally intended. The complication is caused
by the entrance into the conveyance of a third person.
The above example merely illustrates the confusion that exists in
regard to titles to the village lots on the various reservations in the
State of Washington.
Sincerely yours,
Perry E. Skarra
Acting Area Director
Enclosure
HEL-010-0132-0132
HEL-010-0130-0132
COMM DOI BIA DC
580326
CORRESPONDENCE
HILL, C E DOI BIA DC
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
File No. 3041-58 Allotment No. Q.1051 Western Washington Indian
Agency 600804
RECEIVED of C. W. Ringey, Superintendent U.S. Indian Agency fee
Patent No. 1180463, issued 580324 in the name of Wilbur H. Wall, as for
the following described land: AN UNDIVIDED 1/21 INTEREST IN AND TO: S
1/2 SE 1/4 Sec. 12, T. 22 N., R. 12 W., Willamette Meridian, Washington,
containing 80,00 acres. more or less. Witness: C. P. Methus Waren
Stetson for Wilbur Wall Patentee.
IN REPLY REFER TO: Realty Requirements 3041-58
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS WASHINGTON 25,
D.C.
580326
Superintendent Western Washington Agency
Fee patent numbered 1180463 issued 580324 to Wilbur H. Wall, heir of
Nellie Cultee (Capoeman Tougaw Arnold) Wall, heir of Eliza Legge Cultee
(Underwood), for an undivided 1/21 interest. Quinault allottee numbered
1851 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill Special Assistant, Requirements
Enclosures cc: Area Director, Portland Form 5-067 570400
HEL-010-0133-0135
HEL-010-0133-0144
SUPT W WA AGENCY
580221
CORRESPONDENCE
HOLM, M N B BIA PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580221
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
Wilbur H. Wall, non Indian, was determined by the Department to be
the only heir in the estate of Nellie Cultee (Capoeman Tougay Arnold)
Wall, accused Quinault allottee No. 200, Probate No. 15182-56, which
estate included an undivided 1/21 interest in the allotment of Elisa
Legga Cutter (Underwood), Quinault No. 1031, Probate No. 45461-38.
Being non Indian, title passed to this heir stripped of its original
trust character. A patient in fee is now desired to clarify title.
It is recommended that a patent in fee be issued to Wilbur H. Wall
for his inherited 1/21 undivided interest in the following described
land, provided there are no reasons appearing on the records of the
Bureau of Land Management why such patent should not be issued.
S 1/2 E 1/4, Sec. 12, T. 22 N., R. 12 W, Willamette Meridian,
Washington, containing 80 acres.
Sincerely yours, (Sgd) Marlin N. B. Holm Acting Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0136-0136
HEL-010-0133-0144
DIR BUREAU OF LAND MGMT
571118
CORRESPONDENCE
ALBRIGHT, C D W WASH AGENCY
Realty Acq. & Disp. CULTEE, Elisa Leggs Q. 1651 P 266 (W.H. Wall,
Non Ind)
Field Service Western Washington Indian Agency P.O. Box 915 Everett,
Washington
571118
Mr. Don C. Foster, Area Director Portland, Oregon
Attention: Realty Section
Dear Mr. Foster:
There is attached in duplicate an Abstract of Probates and Land
Status Report relating to the allotment of Elisabeth Legge (Underwood),
Quinault No. 1651. Wilbur H. Wall, a non Indian, has inherited a 1/21
undivided interest in this allotment.
Letter to the Bureau of Land Management requesting issuance of a
patent to him is also enclosed. Issuance of the patent is recommended
to conform to existing instructions in such cases.
Sincerely yours,
(Sgd) Claude D. Albright
Acting Superintendent
Enclosures
HEL-010-0137-0137
HEL-010-0133-0144
FOSTER, D C DOI BIA PORTLAND
570108
CORRESPONDENCE
DUBRAY, F F W WASH AGENCY
J. L. Diddock, Area Realty Officer Portland Area Office
F. F. DuBray, Real Property Officer Western Washington Agency
CULTEE, Kliza Legga Q. 1051; Issuance of Fee Patent; (Wilbur N.
Wallnon Indian).
570108
In compliance with your letter of 580106, we attach notice to the
Aloha Lumber Company, Aloha, Washington, of the proposed issuance of the
patent to Wilbur H. Wall for his undivided 1/21 interest in the
allotment of Klisa Legga Cultee, Q. 1051.
F. F. DuBray
Enclosure
HEL-010-0138-0138
HEL-010-0133-0144
DIDDOCK, J L DOI BIA PORTLAND
000000
RINGEY, C W W WASH INDIAN AGENCY
D CORRESPONDENCE
Realty
Acq. & Dlsp.
CULTEE, E.L.
Q. 1051
(Wilbur H. Wall Non Indian)
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Aloha Lumber Coporation Aloba, Washington Gentlemen:
Wilbur H. Wall, non Indian, was determined by the Department to be
the only heir in the estate of Nellie Cultee (Oepoeman Tougaw Arnold)
Wall, deceased Quinault allottee No. 202, Probate No. 15182-56, which
estate included an undivided 1/21 interest in the allotment of Eliza
Legge Cultee (Underwood), Quinault No. 1051, Probate No. 45463-32. Being
non Indian, title passed to this heir stripped of its original trust
character. The land is described as: S 1/2 SE 1/4, sec. 12, T. 22 N.,
R. 12 W., Willamette Meridian, Washington, containing 80 acres.
The Bureau proposes to issue the patent for this undivided 1/21
interest 30 days from the date of this notice to clarify title.
This allotment is subject to Timber Contract No. I-101-1766 (118),
which expres 790401, Aloha Lumber Corporation being the contractor. The
issuance of the fee patent to the non Indian, Wilbur H. Wall, for his
undivided 1/21 interest will not in any way affect the validity of the
existing timber contract.
This notice is given so that you may protect your interests by
missing the contract a matter of public record as to access right not
covered in any specific right of way granted.
Sincerely yours,
C.W. Ringey
Superintendent
CC: PAO (2)
HEL-010-0139-0139
HEL-010-0133-0144
ALOHA LUMBER CORP
580106
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580106
Mr. C. W. Ringey Superintendent, Western Washington Agency
Attention: Branch of Realty
Dear Mr. Ringey:
Your letter of 571118, requested issuance of a patent in fee in favor
of Wilbur H. Wall for an undivided 1/21 interest in Quinault Allotment
No. 1051.
Before issuing the letter to the Director of the Bureau of Land
Management for the patent in fee, a notice should be sent to the Aloha
Lumber Company, Aloha, Washington, of the proposed issuance of the
patent, as that allotment is subject to timber contract No.
I:101:Ind:1766 (118) which expires 790401. After receiving a copy of
your notice to the lumber company we will forward the request for patent
to the Bureau of Land Management.
Sincerely yours,
J. L. Diddock
Area Realty Officer
cc: Branch subject Branch chrony Yellow chrony Pink chrony
FFSokolik/mce 1/6/58
LAND STATUS REPORT
Eliza Legge Cultee, Quinault No. 1051, land described as: S 1/4 SE
1/4, Section 12, Twp. 22 North, Range 12 West, Willamette Meridian,
Washington, containing 80 acres.
Trust Patent No. 1015024, on the above described land was issued
280423, to Eliza Legge Cultee, pursuant to the Act of 870208, (24 Stat.
388) as amended by the Act of 110304, (36 Stat. 1345).
Parcel is subject to Timber Contract No. I-101-Ind-1766 (118) dated
500814, and authorized by the Act of Congress, 100625, (36 Stat.
855-857), The contract was executed by Aloha Lumber Company, Aloha,
Washington, and F. A. Gross, Acting Superintendent, Western Washington
Agency, pursuant to a power of Attorney executed by Eliza Legge Cultee,
Quinault No. 1051. The contract was approved 500828, by Acting
Superintendent F. A. Gross, and it expires 790401,
There have been no subsequent conveyances or tranactions affecting
ownership or acreage of this parcel.
The land is not within a government irrigation project.
There is no record of an easement or right of way.
An Abstract of Probates is attached. There are no unpaid probates
fee involved in the proposed action.
There is no record of indebtedness due the United States or to the
Quinault Tribe.
It is hereby certified that the land description given above has been
verified by comparison to the original patent. It is further certified
that the above is a true and complete report according to all available
records of this Agency.
Charles P. Mathes
Real Property Assistant
Western Washington Agency
Everett, Washington
570613
ABSTRACT OF PROBATES
Estate of Eliza Legge Cultee (Underwood) Quinault 1051 Pro. 45463-32
Died: 310110
Land described as: S 1/2 SE 1/4, Sec. 12. Twp. 22 North, Range 12
West, W.M., containing 80 acres
"Table not Keyed, See Original"
I, the undersigned, do hereby certify that this is a true and correct
Abstract of Probates on the above described estate according to the
records in this office as it pertains to the interest of Wilbur H. Wall,
Non:Indian.
Esther Kirstein, Clerk:Stene
Western Washington Agency
Everett, Washington
570603
HEL-010-0140-0142
HEL-010-0133-0144
RINGEY, C W W WASH AGENCY
571213
CORRESPONDENCE
DUBRAY, F F
J. L. Diddock, Area Realty Officer Portland Area Office
F. F. DuBray, Real Property Officer Western Washington Agency
571213
Request for Patent in Fee for Wilbur H. Wall on Quinault Allotment
No. 1651 or 1051.
Referring to your memo of 571210, we find that the correct allotment
number is 1051, the allotment of Kliza Legge Cultee.
F. F. DuBray
Real Property Officer
HEL-010-0143-0143
HEL-010-0133-0144
DIDDOCK, J L PAO
571210
CORRESPONDENCE
DIDDOCK, J L PAO
Mr. C. W. Ringey Superintendent, Western Washington Agency Attention:
Branch of Realty 571210
Portland Area Office Branch of Realty
Request for Patent in Fee for Wilbur H. Wall on Quinault Allotment
No. 1651 or 1051.
The Land Status Report shows the allotment number as 1051 and the
other papers you submitted show the allotment number as 1651.
Please tell us which number is correct.
(SGD) J. L. DIDDOCK
J. L. Diddock
Area Realty Officer
cc: Branch subject Branch chrono Yellow chrono Pink chrono
FFSokolik/mce
HEL-010-0144-0144
HEL-010-0133-0144
RINGEY, C W W WASH AGENCY PAO BR OF REALTY
580324
CORRESPONDENCE
HILL, C E US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
File No. 78736 3127-58 B.I.A
ORIGINAL
Allotment No. Q. 2041 Western Washington Indian Agency
580403 RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency
Patent No. 1180409, issued 580321 in the name of George Edward Nelson,
as Quinault Indian, for W 1/2 N E 1/4, Sec. 25, T. 23 N., R. 13 W.,
Willamette Meridian, Washington containing 80 acres.
George Edward Nelson George Edward Nelson Patentee.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
IN REPLY REFER TO Realty Requirements 3127-58
580324
Superintendent Western Washington Agency
Fee patent numbered 1180409 issued 580321 to George Edward Nelson
Quinault allottee numbered 2041 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures cc: Area Director, Portland
HEL-010-0146-0147
HEL-010-0145-0177
SUPT W WASH AGENCY
580327
CORRESPONDENCE
GAMMON, J E F BR OF REALTY
Realty Acq. & Disp. 3513-58
580327
Mr. George E. Nelson General Delivery Cathlemet, Washington
Dear Mr. Nelson:
This refers to your letter of 000304. Our records show that fee
patent No. 1180409 was issued on 000321 and forwarded to the Western
Washington Agency for transmittal. You have no doubt received the fee
patent by this time.
Sincerely yours,
(SGD.) JAMES E. F. GAMMON
Chief, Acquisition & Disposal Section Branch of Realty
WEThomas:moj 580327
HEL-010-0148-0148
HEL-010-0145-0177
NELSON, G E
580304
CORRESPONDENCE
NELSON, G E
Cathlamet Wash. 580403
Mr. Glenn Emmons Commissioner of Indian Affairs Washington D.C.
Dear Mr. Emmons
I'm a chinook Indian of 1/4 blood allotted on the Quinault Indian
reservation State of Washington and the subject of this letter is patent
in fee.
In April of 330000 I was issued a trust patent for allotment 2041
that stated I was to be granted a fee patent in 25 years. Now the
Bureau of Indian Affairs is pursuing a program that they call a
liberalized fee patent policy. This liberalized program states that I
have to actually show competence in managing my personal Business
affairs. I have managed my business affairs over 40 years
I actually have more business experience then five allottees that I
personaly know who have been granted fee patents.
I'm fifty eight years old and on county welfare I have a son twenty
he has a permanent disability and is also on public welfare.
If you can be of any assistance to me in securing a fee patent,
please let me know, I will appreciate this.
I'm absolutely certain that I can dispose of this land and timber to
the best advantage
I'm also certain that I have met all the requirements and entitled to
a patent in fee I hope you well recommend my application for approval.
You will not regret your action.
Sincerely yours
George E. Nelson
Cathlamet Wash
HEL-010-0149-0151
HEL-010-0145-0177
COMM EMMONS G DOI BIA D C
580225
CORRESPONDENCE
SKARRA, P E PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580225
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D. C.
Dear Sir:
The application of George Edward Nelson, allottee, for a patent in
fee for land embranced in his Quinault allotment No. 2041, pursuant to
authority delegated by Secretarial Order No. 2508 of 490111 (14 F. R.
258), and Order No. 551 of the Commissioner, Bureau of Indian Affairs,
dated 510329 (16 F. R. 2939), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
W 1/2 NE 1/4, Sec. 25, T. 23 N., R. 13 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Sincerely yours,
Acting Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0152-0152
HEL-010-0145-0177
DIR BUREAU OF LAND MGT
580220
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. NELSON, Geo. E. Q. 2041
Western Washington Indian Agency 1620 Hevitt Avenue Everett,
Washington
580220
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty Section
Dear Mr. Foster:
Reference is made to your letter of 580212, regarding the application
of George Edward Nelson, Quinault allottee No. 2041 for a fee patent on
his allotment which is described as:
W 1/2 NE 1/4, Sec. 25, T. 23 N., R. 13 W., Willamette Meridian
Washington, containing 80 acres, more or less.
As the applicant's appeal was affirmed by the Area Office, there is
attached the necessary documents required for issuance of the patent.
The application on this matter was forwarded 571016. There is attached
in duplicate a land status report, letter to the patentee, and appraisal
report, as well as the letter to the Bureau of Land Management.
Sincerely yours,
(SGD) M.L. SCHWARTZ
ACTING Superintendent
Enclosures
HEL-010-0153-0153
HEL-010-0145-0177
FOSTER, D C DOI BIA PORTLAND REALTY SECTION
580212
CORRESPONDENCE
HOLM, M N B PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
The appeal action by Mr. George Edward Nelson, Quinault allottee No.
2041, from a denial by the Superintendent of fee patent application has
been reviewed in this office.
Evidence submitted as to the competency of the applicant has been
reviewed by the Area Social Worker with the recommendation that the
applicant be considered competent to receive his patent in fee. This
recommendation is based upon general observations in the Department of
Public Assistance report.
Mr. Nelson's appeal is therefore affirmed and his application should
be proceesed for issuance of the patent.
A copy of the Area Office Social Worker's memorandum is enclosed for
your file.
Sincerely yours,
Martin M. B. Horbon
Acting Area Director
Enclosure
cc Branch of Welfare, PAO Branch subject Branch chrony Yellow chrony
LLemery/ev 580211
HEL-010-0154-0154
HEL-010-0145-0177
RINGEY, C W W WASH AGENCY
580207
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty Acq. & Disp. NELSON, Geo. E. Q. 2041
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
In compliance with your memorandum of 571202, we forwarded further
data on the status of George Edward Nelson, Quinault No. 2041 to the
Area Office on 571217.
Mr. Nelson's application for a fee patent on his allotment had been
previously disapproved and the applicant subsequently appealed to the
Area Office in the proper manner on 571016.
Mr. Nelson called at the Agency today and expressed concern over not
hearing anything further. It is in his behalf that this letter is
written. We will promptly submit any further data which may be required
in order for the Area Office to render a final decision.
Sincerely yours,
(Sgd) Claude D. Albright
ACTING Superintendent
HEL-010-0155-0155
HEL-010-0145-0177
FOSTER, D C DOI BIA PORTLAND
580204
CORRESPONDENCE
CASPER, F D
580204
Branch of Realty Branch of Welfare Competency of George E. Nelson,
Quinault Allottee No. 2041
A review has been made on the appeal of George E. Nelson on the
denial of his request for a patent in fee to Quinault Allotment No.
2041. Based on the general observations in the Department of Public
Assistance report, it is recommended that Mr. Nelson be considered as
competent to receive his patent in fee.
However, there are some comments which we feel should be discussed
with Mr. Nelson. During the six month period from 000701 through
571200, the property was listed for supervised sale with no bids
submitted. (The Cedar was listed at $16 per thousand, not less as he
stated). At the present depressed market, he may not be able to find a
buyer either and as soon as his patent is issued, he would have to pay
taxes on the property. With his marginal income, this would work a
hardship and might lead him to take less than the $48,400 appraisal of
the 80 acres.
If he were to reconsider and again ask for supervised sale, there
would be nothing to prevent his trying to locate a potential buyer for
either the timber or the land and having the property again listed for
sale.
Since Mr. Nelson is willing to have the proceeds of a sale disbursed
under supervision, the benefits of a voluntary trust might be discussed
for the investment of his balance after he had purchased a home. His
sale funds could, of course, not be accepted in I.I.H. after the trust
status was removed.
/s/ F. DON CASPER
F. Don Casper Area Social Worker
HEL-010-0156-0156
HEL-010-0145-0177
BR OF REALTY
580117
CORRESPONDENCE
DIDDOCK, J L
Realty
Branch of Welfare
Branch of Realty
580117
Competency of George E. Nelson, Quinault Allottee No. 2041
Attached is the file on George E. Nelson for your review and
determination of his competency. He has appealed the action of the
Superintendent of the Western Washington Agency denying his application.
Please return the file with your recommendations.
(SGD) J. L. DIDDOCK
J. L. Diddock Area Realty Officer
Enclosure: Copy of Agy. letter of 571217, w/encls., patent in fee
application, copies of correspondence & letters of reference, and letter
of appeal.
cc: Branch subject Branch chrony Yellow chrony LLemery/ev 580117
HEL-010-0157-0157
HEL-010-0145-0177
BR OF WELFARE
571217
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty Acq. & Disp. NELSON, George Edward Q. 2041
Field Service Western Washington Indian Agency P. O. Box 915 Everett,
Washington
571217
Mr. Don C. Foster Area Director, Portland, Oregon
Dear Mr. Foster:
Attention: Realty
In compliance with your memorandum of 571202, we have secured the
enclosed information on the status of George Edward Nelson, Quinault
allotee No. 2041.
This information is to assist the Area Office in the evaluation of
the applicant's appeal on the disapproval of his application for a fee
patent.
Sincerely yours,
(Sgd) Claude D. Albright ACTING Superintendent
Enclosures
HEL-010-0158-0158
HEL-010-0145-0177
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
571212
CORRESPONDENCE
TURNER, M I DEPT OF PUBLIC ASSIS
State Department of Public Assistance
WAHKIAKUM COUNTY OFFICE POST OFFICE BOX 30
CATHLAMET, WASHINGTON
571210
MISS MABEL I TURNER
ADMINISTRATOR
571212
United States Department of the Interior Bureau of Indian Affairs
Field Service Western Washington Indian Agency P. O. Box 915 Everett,
Washington C. W. Ringey, Superintendent
Re: Nelson, George Edward Q 2041
Attn: Claude D. Albright
Dear Mr. Ringey:
Your letter of 001206 on the above named man and his application for
fee patent has been received.
Mr. Nelson was in this office yesterday. We discussed your questions
in the letter with him and felt that we were able to gain a great deal
in insight into Mr. Nelson's thinking, as well as his ability to handle
the sale of his property.
In regard to Mr. Nelson's standard of living, I might say that the
family is living in an apartment house in Cathlamet at the present time.
This, I believe, is the best housing that the Nelson family has had
since we have known them. It is a four room modern apartment consisting
of kitchen, living room, two bedrooms and a bath.
We talked to Mr. Nelson regarding his community activities. We
questioned whether he did belong to the church and whether he attended.
Mr. Nelson told us that all three of them, including Mrs. Nelson
George, and himself, were baptized Catholics. They live about a block
and a half from the Catholic Church and directly across the street from
the Congregational Church; however, they do not attend either one of
these churches. When pressed a little regarding his community
activities and why he did not enter into community activities and into
the church life, Mr. Nelson finally said, "I would like to but I have
never had the proper kind of clothes to go to church or enter into any
community affairs". We felt that this was a true expression of Mr.
Nelson's real feelings.
Mr. Nelson himself states that he is considered an Indian in his
community of Pillar Rock and Skamokawa; however, we believe that if he
had proper clothing, that he would be just as accepted among the white
people as the
George Edward Nelson
571210
Indians. I do not believe that his association with either group is
very close. He assured me yesterday that he had had nothing to drink
for the last six months and that Mrs. Nelson had not been drinking
either. We are sure that they have not been drinking since they moved
to Cathlemet in 09 of this year. I think when they are drinking, that
Mrs. Nelson is less accepted than Mr. Nelson. When they are sober both
of them are accepted among white and Indian as well. I think they do
tend to stay pretty much to themselves and do not identify with other
people in the community.
The Nelsons have shown a large amount of ability to take care of
themselves even during the times that he is out of work. His work is
seasonal since he has always fished or been engaged in road work. There
is little road construction work being done in the county at the present
time. He has done jobs such as cutting wood, picking up logs and
selling these before it became unlawful to do this type of work. At the
present time he is not employed and does not have any unemployment
security since this was used up during 1956 and he had no work except
odd jobs while the family lived in Cowlitz County for more than a year.
George T., the son, is receiving full Disability Assistance through this
county. Mr. and Mrs. Nelson themselves are receiving only a cash grant
for food. They are managing to keep their rent and lights paid besides
taking care of their food, through the food grant and what they are
receiving for George. We think this shows good planning and means that
they do not have any additional funds since they themselves must plan
carefully in order to pay their rent of $25 per month besides their
lights. They are managing to pick their fuel up on the beach, although
he told me yesterday that this is pretty wet and has to be dried before
they burn it. I think that this careful planning on their part on a
full assistance grant for one only, plus their food, does show that he
has ability to plan. Their applications for public assistance have
always been based on the fact that the work in which he is engaged is
seasonal.
As to his ability to sell his own claim and maintain himself, we
believe that Mr. Nelson has carefully thought out this problem and he
has made up his mind that he will not dissipate his money. After our
discussion yesterday he stated, "I would even be willing to turn the
money from the sale over to the Agency and have them send me a certain
amount each month in order to be sure that I would not spend it
foolishly". He also stated that he would still be a ward of the
government and that the Agency would continue to have control over his
funds since there would be the claims to which he is only a part heir
still under the control of your Agency. These, of course, are the
inherited rights of his mother, Mrs. Laflamboise and his uncle, Louis
Durvall.
Mr. Nelson also discussed with us some of the Indians in Wahkiakum
who have already received patents and have also sold their claims. We
know all of these part Indians and know they have sold their claims and
have either been cheated out of much of their money, or have received
their money and are dissipating them rapidly. One of these is your
patent holders which
George Edward Nelson
571213
we wrote to you about last year. Those are Quinn. 1305 and 1856,
Bernice A. Lawson Heiner and Harold Elmer Heiner. Your letter of
561219 stated that Mrs. Heiner would receive approximately $731 on or
about 580801 and that no other income was anticipated until their
allotments were logged, and that might be several years. Your letter of
561227 on Mr. Heiner stated that he had received $677.05 in timber
monies from his allotment on 550928, however, we were told by Sheriff
Fluckiger of Wahklakun County that Mr. Heiner had received some $16,000
in 571000. Mr. Heiner was, as you know, on our rolls for more than a
year. He had been told by Dr. Avalon that he should never drink again.
We found him last summer forgetting all about the doctor's warning and
acting like a "drunken Indian" with a 14, 18, and 20 year old boys. The
sheriff told us that Mr. Heiner had received $16,000 from your Agency,
so we assume that he has sold his timber since he had fee patent
#1063288 from your Agency. He had also bought a 1957 Buick for $5,000
and was generally making himself a nuisance in lower Wahkiakum County.
I do not know whether Mr. Heiner has a valid driver's license at the
present time or not; however, I know that he had the husband of
Allottee Estella Jones Goodell, Quinault Reservation, Crane Creek Unit,
driving his car, as well as the car Arthur Goodell, Jr. You might be
interested to know that Arthur Goodell, Jr. is now spending 30 days in
the Wahkiakum County Jail because he was driving Heiner's car with a
revoked license. These are the type of people who have received fee
patents from your agency and have sold the timber, and certainly are
dissipating their funds as rapidly as possible. Mr. Nelson was a little
irked at the thought that these Indians, whom he knows so well and lived
among so many years, were able to get fee patents and sell their timber,
from your Agency, and yet they have not more ability than he, and
certainly they are no more responsible when they receive their funds.
In fact, I do not believe that the Heiners, the Goodells, the Boldts and
others who have received their fee patents and either have been cheated
out of their funds or dissipated them so quickly, have as much ability
as Mr. Nelson is showing at this time. He told me that he planned to
buy his family a home. He does not plan to buy a car, and he is willing
to have his money to your Agency to pay out to him a living amount each
month, or he would be willing to put it into the Bank here in Cathlamet
and have the right to draw so much from it each month.
He has also told me that his cedar is better than some of the other
cedar that has been surveyed, and that cedar from surrounding claims is
being advertised at $16 and $18 a thousand, while his is being
advertised at only $10 a thousand, so he feels that the Agency should
revise the figures on his timber and that he should be allowed to
advertise it for the same amount as cedar on other claims.
We have contacted a man in Longview who has a shake mill. He was
very much interested in Mr. Nelson's timber. He was also interested in
knowing whether there were any access roads into the claim. I assured
him that they were roads that were not too far, since Mr. Nelson had
previously given me this information. If the Weyerhaeuser Timber people
are in the Hoh River area, this shake mill owner assured me that he
would be interested
George Edward Nelson
571210
enough in the cedar that he would arrange to buy it from Weyerhaeuser
if Weyerhaeuser would buy the timber claim. We think there are good
possibilities in this, and Mr. Nelson was glad to hear of it and much
interested in the possibility of having it purchased by the Weyerhaeuser
people.
I am glad to be of assistance to your Agency in helping Mr. Nelson
realise the best that it is possible for him to obtain from this claim.
I believe that Mr. and Mrs. Nelson, although in the past have shown some
social difficulties, are superior to many of the Indians in lower
Wahkiakum County, I believe also that he has plans and good intentions,
and that with some advice from this department, as well as from your
Agency, that this family could profitably be issued a fee patent and
could, without a doubt, sell the timber for the best price possible to
receive. It is with the thought that your Agency and our department has
a large investment in this family, that we have taken the time to give
you the information for which you asked in your letter of 001206. Thank
you for writing and you may feel free to write us at any time regarding
the Nelson family.
Very truly yours,
(Miss) Mabel I. Turner, Administrator Wahkiakum County Office State
Department of Public Assistance
HEL-010-0159-0162
HEL-010-0145-0177
RINGEY, C W W WASH INDIAN AGENCY ALBRIGHT, C D
571206
CORRESPONDENCE
ALBRIGHT, C W WA AGENCY RINGEY, C W
Welfare
Field Service Western Washington Indian Agency P.O. Box 915 Everett,
Washington
Subject: NELSON, George Edward Q. 2041
Miss Mable I, Turner, Administrator Wahkiakom County Office SDPA P.O.
Box 32 Cathlamet, Washington
Dear Miss Turner:
We wish to belatedly thank you for your letter of 001014 with your
observations regarding Mr. Nelson, in reference to his application for a
fee patent.
Your letter was received after a decision had been made on Mr.
Nelson's competency to handle a fee patent. His application was denied,
he appealed the matter, and it was forwarded to our Portland Area Office
for a final decision. The matter was referred by the Area Office back
to the Western Washington Agency for additional material and a review of
the prior decision. Since that time a new Board of Competency had been
appointed within the Agency and we are attempting to carefully screen
Mr. Nelson's application once again.
In order to aid the Board in this matter, we would appreciate your
help in gathering some more information about Mr. Nelson. That which
you gave to us in your letter of 001014 has already been helpful but we
wonder if you could tell me something about Mr. Nelson's standard of
living, whether he is a home owner, and how does he take care of his
property. Is he involved in community activities? Is he active in
church and how is he accepted in the community? Although he had only a
seventh grade education, what were his aspirations for his son and what
has been his son adjustment? What are the indications of Mr. Nelson's
ability to manage his own affairs even though he might have been in the
low income group? Have his applications for public assistance been
based largely on the fact that the work in which he engages is seasonal
or has there been evidence your impressions of him as a client and his
relationship to the Agency? Have you any idea of his circle of
acquaintances, that is, is he considered as an Indian or does he
identify himself with the white population and of what social strata?
DL'Ec ycyan 571206 Green Chrony Subject
We realize that we are asking a lot of your office but feel that this
is an important matter and one in which you have a large investment as
well as this Agency, which has the responsibility for making the final
determination. Some of the questions which were raised in our letter of
001023 might still apply and the basic responsibility of this Agency, of
course, is the same.
We hope that you will be able to give us some help in this matter in
the future and certainly appreciate what you have done in the past.
Sincerely yours,
(Sgd Claude Albright
C. W. Ringey
Superintendent
HEL-010-0163-0164
HEL-010-0145-0177
TURNER, M I SDPA
580000
CORRESPONDENCE
FOSTER, D C PAO
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Attn: Welfare
Don C. Foster Area Director, Portland Area Office
Competency determination of George Edward Nelson Quinault Allottee
No. 2041
The application for fee patent of Mr. Nelson was discussed in the
Area Office with Mr. Lesperance on 571113.
Since the applicant is receiving welfare assistance, it is requested
that information be secured from the Welfare Department. Other sources
of information may also be developed by the Agency Social Worker.
Fuller information will assist in a fair evaluation of the case.
(Sgd)
Area Director
cc: Realty w/file submitted
HEL-010-0165-0165
HEL-010-0245-0177
RINGEY, C W BIA W WASH AGENCY
571118
CORRESPONDENCE
DIDDOCK, J L BR OF REALTY
Realty 571118
Branch of Welfare
Branch of Realty
Competency determination of George Edward Nelson, Quinault Allotee
No. 2041.
The attached file contains an application for patent in fee and
related correspondence concerning the competency of the applicant and
his appeal from the decision of the Superintendent of the Western
Washington Agency disapproving the application.
We are submitting the case for further investigation through your
department as it is noted from a review of the file that the applicant
is receiving welfare assistance. In order to make a fair evaluation of
the case in the event of further denial of the application and possible
appeal to higher authority, we should be in a position to defend our
determination with complete information.
(SGD) J. L. Diddock
J. L. Diddock
Area Realty Officer
Enclosure Copy of Agy letr of 571017, patent in fee application,
copies of correspondence and letters of reference, and letter of appeal.
cc: Western Washington Agency Branch subject Branch chrony Yellow
chrony LLemery/ev 571118
HEL-010-0166-0166
HEL-010-0145-0177
BR OF WELFARE
000000
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Field Service Western Washington Indian Agency P. O. Box 915 Everett,
Washington
IN REPLY REFER TO:
Realty NELSON, George Edward Q. 2041
Mr. Don C. Foster, Area Director Portland, Oregon
Dear Mr. Foster:
Attached is the letter of appeal submitted by George Edward Nelson,
Quinault allottee No. 2041. Mr. Nelson originally applied for a
supervised sale of his allotment last year, then changed his application
to a request for issuance of a fee patent. He was notified on 561126,
that approval of his application for a fee patent would not be given,
but that he could appeal the decision to higher authority through this
office. The applicant was apparently induced by this letter to change
his application back to that for a supervised sale.
The appraised valuation of this allotment is $48,400.00. Subsequent
advertisements failed to produce an acceptable bid. Due to the
inability of the Agency to find a successful bidder, Mr. Nelson has
again requested issuance of a fee patent.
The decision of the Competency Board as made last year was based on
the facts that the applicant had little education, weak references,
small income, inability to bargain, and that it appeared that the
applicant had been approached to change his application to that for a
fee patent.
To assist in determining the merits of Mr. Nelson's appeal, there is
attached in duplicate his appeal, copies of correspondence, letters of
reference, and the new application for a fee patent.
Sincerely yours,
(SGD) M. L. SCHWARTZ
ACTING SUPERINTENDENT
Enclosures
HEL-010-0167-0167
HEL-010-0145-0177
FOSTER, D C DOI BIA PORTLAND
571011
CORRESPONDENCE
NELSON, G
Cathlamet Wash
571011
Mr. C. W. Ringey Supt Western Washington Agency Everett Wash
Dear Mr. Ringey
Enclosed you mail find Realty application for patent in Fee for
allotment 2041.
I believe that I'm entitled to a Fee Patent as I know five people
with No More Business experiences than I have, have received Fee patents
on their allotments they have no More Schooling than I have. The people
I speak of are all young and have some steady income. I'm 57 and on
Welfare. Men of my age can not find work any more. In my 57 years I
have Never robbed or lost any money never gave any money away. I drink
a few beers but IM against Wine and hard liquor if I sell any timber the
money will be for a home or no car and very few clothes and not getting
younger.
George Nelson
Cathlamet Wash
HEL-010-0168-0168
HEL-010-0145-0177
RINGEY, C W BIA W WASH
561126
CORRESPONDENCE
SUPT BIA W WASH AGENCY
Realty P-179
Field Service Western Washington Agency P.O. Box 915 Everett,
Washington
561126
Mr. George R. Nelson 105 1/2 Main Street Kalse, Washington
Dear Mr. Nelson:
We have carefully considered your application for a patent in fee on
your allotment No. Q. 2041 and regret that it is not possible to
recommend it for approval. From the personal information which you have
supplied and from other information received, you have not apparently
met the requirements. We feel that you have not had business experience
in selling large and valuable timber holdings so as to be absolutely
certain that you can dispose of your land and timber to the best
advantage. You may appeal from this decision by sending us a letter
setting forth all the reasons why you are entitled to a patent in fee
and we will pass this letter on to our supervisory office for their
decision.
Or you may take advantage of the service of this office to have your
land and timber sold for you without cost in a supervised sale. That
way both you and I will be sure you are getting every cent it is worth.
If you decide to do this, you may instruct us by letter to change your
application from a patent in fee back to a supervised sale. Please let
us hear from you soon.
For your information, allotment NO. 1594 sold for $57,162. Allotment
No. 1555 sold for $49,360.
Sincerely yours,
Superintendent
HEL-010-0169-0169
HEL-010-0145-0177
NELSON, G R
571214
CORRESPONDENCE
RINGEY, G W W WASH INDIAN AGENCY
Realty
Field Service Western Washington Indian Agency P.O. Box 915 Everett,
Washington
Mr. George N. Nelson ???? Main Street ?????, Washington
Dear Mr. Nelson
In reply to your letter of 571009, we regret that there were no bids
on your Quinault No. 2041 allotment.
We are still waiting for the appraisal on Sophia Nelson and Louis
Burrells allotments.
Concerning an application for a patent in fee on your own allotment,
we refer to our letter of 000226. Stating that you have not had
business experience in selling large and valuable timber holdings so as
to be absolutely certain that you can dispose of your land and timber to
the best ????.
You may appeal from this decision by sending us a letter setting
forth all the reasons why you are entitled to a patent in fee and we
will pass your letter on to our supervisory office for their decision.
Sincerely yours,
G. W. Ringey Superintendent
CWRtrsjs 571214 ???? file ???? Chron
Form No. 5105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Allottee
George Nelson No. 2041 Reservation Quinault 571011
Application is hereby made for (patent in fee) for the following
described land: W 1/2 NE 1/4, Sec. 25, T. 23 N., R. 13 W., Willamette
Meridian 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 991026
3. Degree of Indian Blood 1/4
4. Married (strike out one)
5. Education: Years in elementary school 7 High School 0 College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Selna, wife, George T., son
7. I am enrolled as a Chinook Indian
8. Permanent address gin Del Cathlamet Wash
9. The amount of my annual income is $800.00
#Strike out words not applicable.
EXHIBIT NO. 8
10. My income is obtained fron the following sources: common labor
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 $ none. (If
not leased, state none.)
15. I intended 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:
living expenses.
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 (3)
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.
George E. Nelson
Subscribed and sworn before me this 571011 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants
Title
LAND STATUS REPORT
Pursuant to the Act of 870208, (24 Stat. 388) as amended by the Act
of 110304, (36 Stat. 1345), Trust Patent No. 1063472, dated 330421, was
issued to George Edward Nelson, Quinault allottee No. 2041, for lands
described as: W 1/2 NE 1/4, Sec. 25, T. 23 N., R. 13 W., Willamette
Meridian, Washington, containing 80 acres more or less.
1. There have been no subsequent transactions since issuance of the
above patent affecting acreage or ownership.
2. The land is not within an irrigation project.
3. The allottee is living, no Abstract of Probates is required.
4. There is no record of indebtedness to the United States or the
Quinault Tribe against the land, allottee, or the heirs.
5. As of this date, as evidenced by the foregoing information, the
entire allotment is owned by the allottee.
I HEREBY CERTIFY, that the above data is complete and correct
according to the official records of the Western Washington Indian
Agency.
580219
Charles P. Mathes
Supervisory Real Property Officer
HEL-010-0170-0174
HEL-010-0145-0177
NELSON, G N
560000
CORRESPONDENCE
TALLEY, D L
United States Dept. of the Interior Bureau of Indian Affairs Western
Washington Agency C.W. Ringey, Supt. P.O. Box 915 Everett, Washington
Dear Sir:
In reply to your letter of 561015, concerning Mr. George E. Nelson.
105 1/2 West Main Street, Kelson, Washington, I can report that he has
caused us no trouble, and I believe he does the best he can. I do not
think he is overly intelligent and if a large sum of money is involved
it should be allotted to him at a fixed sum per month.
Yours truly,
Don L. Talley
Mayor
HEL-010-0175-0175
HEL-010-0145-0177
RINGEY, C W W WASH AGENCY
561015
CORRESPONDENCE
RINGEY, C W W WA AGENCY JONES, A R
UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
Western Washington Agency P. O. Box 915 Everett, Washington 561015
Mrs. A. R. Jones, Groceries 115 West Main Street Kelso, Washington
Dear Mrs. Jones: Mr. George E. Nelson. 105 1/2 West Main Street.
Kelso, Washington. has applied for certain conveyancing action on (his,
her) trust lands and in this connection, it is necessary to make an
inquiry as to (his, her) ability to manage (his, her) business affairs
prudently and with judgement.
We should therefore appreciate your telling us in confidence your
opinion as to (his,) ability in these respects.
Very truly yours,
C. W. Ringey
Superintendent
Dear Sir
I believe Mr. Nelson is quite able to manage his business affairs
quiet satisfactory, he seems quiet prudent in his business dealings
Sincerely
Mrs A. R. Jones
HEL-010-0176-0176-A
HEL-010-0145-0177
JONES, A R RINGEY, C W
561015
CORRESPONDENCE
RINGEY, C W W WASH AGENCY KOCHIS, M
UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
Western Washington Agency P. O. BOX 915 Everett, Washington 561015 Mr.
Mike Kochis Mike & Lons Grocery 118 South 2d West Kelso, Washington
Dear Mr. Kochis: Mr. George E. Nelson. 105 1/2 West Main Street.
Kelso, Washington. has applied for certain conveyancing action on (his,
her) trust lands and in this connection, it is necessary to make an
inquiry as to (his) ability to manage (his) ability in these respects.
Very truly yours,
C. W. Ringey Superintendent
Dear Sir:
We have known Mr. Nelson a short terms, his payments on his account
have been satisfactory, other wise we know nothing of his private life
or management.
Yours Truly
Mike Kockis
HEL-010-0177-0177-A
HEL-010-0145-0177
KOCHIS, M MIKE & LONS GROCERY RINGEY, C W
580326
CORRESPONDENCE
HILL, C E US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
File No. 78733 3128-58 B.I.A.
ORIGINAL
Allottment No. Q. 2257
Western Washington Indian Agency
580404
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency
Fee Patent No. 1180459 issued 580324 in the name of Beatrice Van
Orsdol Beatty as Quinault Indian for N 1/2 SE 1/4, Sec. 11, T. 23 N., R.
12 W., Willamette Meridian, Washington, containing 80 acres. Witness:
George Hagerpen Darothy Anderson Beatrice Van Oredol Beatty
IN REPLY REFER TO:
Realty Requirements 3128-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25. D.C.
580326
Superintendent
Western Washington Agency
Fee patent numbered 1180459 issued 580324, to Beatrice Van Orsdol
Beatty. Quinault allottee numbered 2257 is enclosed for recording and
delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours.
C. E. Hill
Special Assistant, Requirements
Enclosures
CC: Area Director, Portland Form 5-067 570400
HEL-010-0178-0180
HEL-010-0178-0189
SUPT W WASH AGENCY
580225
CORRESPONDENCE
SKARRA, P E PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580225
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D. C.
Dear Sir:
The application of Beatrice Van Orsdol Beatty, allottee, for a patent
in fee for land embranced in her Quinault allotment No. 2257, pursuant
to authority delegated by Secretarial Order No. 2258, of 490111 (14 F.
R. 258), and Order No. 551 of the Commissioner, Bureau of Indian
Affairs, dated 510329 (16 F. R. 2939), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
N 1/2 SE 1/4, Sec. 11, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Sincerely yours,
Perry E. Skarra
Acting Area Director
cc: Central Office (BIA),w/encl.
HEL-010-0181-0181
HEL-010-0178-0189
DIR BUREAU LAND MGT
580220
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. BEATTY, B. Van Orsdol Q. 2557
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580220
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty Section
Dear Mr. Foster:
There is attached in duplicate the application of Beatrice Van Orsdol
Beatty, Q. 2257, for a patent in fee on her allotment. The application
is approved. The applicant has furnished references from business men,
all of which support the opinion that she and her husband are
industrious and well thought of in their community. She plans to
dispose of her allotment at an opportune time for the best price
obtainable, and to use the proceeds to build a new home and to educate
her son. It is our conclusion that the applicant is unquestionably
competent to manage her affairs with judgement and prudence.
The application is accompanied in duplicate by a land status report,
letter to the patentee, and certificate of identity. There is also
enclosed the letter to the Bureau of Land Management and a copy of the
approved appraisal on the allotment.
Sincerely yours,
(SGD) M.L. SCHWARTZ
ACTING Superintendent
Enclosures
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Allottee
Beatrice Van Orsdol No. 2257 Reservation Quinault 580109
Application is hereby made for (patent in fee) for the following
described land: NW 1/4 SE 1/4 NE 1/4 SE 1/4 Sec. 11 Tup 23 N, R 12
W.W.M. Greys Harbor Country 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 32
2. Date of Birth 250319.
3. Degree of Indian Blood 3/8
4. Married (strike out one)
5. Education: Years in elementary school 8 High School 4 College 0
6. The following persons are depending upon me for support (Give
names, ages and relationship) none
7. I am enrolled as a Quinault Indian
8. Permanent address South Route South Bent, Wash.
9. The amount of my annual income is $4,000.00
#Strike out words not applicable.
10. My income is obtained from the following sources: Husband's
wages
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 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 $ 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:
I intend to have it logged and then re-seeded as soon as possible.
b. I intend to use the proceeds of sale for the following purposes:
Built a new home Education of my son
I (We)# 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 accrde 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 (3) 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.
Beatrice Van Orsdol Beatty
Subscribed and sworn before me this day of I hereby certify that the
effect of this application was explained to and fully understood by the
applicants and the application is hereby approved.
Title
APPLICATION APPROVED
COUNTY OF Pacific
THIS IS TO CERTIFY That on this 580109 A.D. before me, Howard D.
Gregory a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally came Beatrice Van Orsdol Beatty to me
known to be the individual described in and who executed the within
instrument, and acknowledged to me that she signed and sealed the same
as her free and voluntary act and deed for the uses and purposes therein
mentioned.
WITNESS my hand and official seal, the day and year in this
certificate first above written.
Howard D. Gregory Notary Public in and for the State of Washington,
residing at Raymond, Wash.
HEL-010-0182-0185
HEL-010-0178-0189
FOSTER, D C DOI BIA PORTLAND
580220
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. BEATTY, B. Van Orsdol Q. 2257
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington 580220
Mrs. Beatrice Van Orsdol Beatty Star Route South Bend, Washington
Dear Mrs. Beatty:
Pursuant to your request of 580109, and predicated upon the finding
of your being competent to prudently conduct business transactions
involving your trust property, there is respectfully presented a patent
in fee to property legally described as:
N 1/2 SE 1/4, Sec. 11, T. 23 N., R. 12 W., Willamette Meridian,
Washington.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an examination of the
above described premises.
This examination, which consists of the appraisal made 560510, by
Willis A. Shull, for he is the fee appraiser whom you hired; indicates
that the tract consists of three acres of swamp land and seventy seven
acres of timbered land. The timbered land is below average in site
class for this region, but will produce another crop when the present
one is removed. The small swamp will be unproductive unless it should
be drained at some time. It would then be equal to the balance of the
tract. The tract is almost level, only a few small ridges rising above
general elevation. The following factors contribute to the appraised
valuation of $20,000.00, as of the date the appraisal was made.
3 acres swamp land at $5.00 per acre 77 acres timberland at $15.00
per acre Cedar 855 MBM
......................................................... . Hemlock 198
MBM ....................................................... . W. Fir 58
MBM ......................................................... . W. Pine
140 MBM ....................................................... .
This information is offered to you only as a guide and is not to be
construed as a thoroughly reliable indication of the present fair market
value of the property.
The determination of your competency affords assurance that if at
some future date you consider the sale or encumbrance of this property
you will secure up to date market information from recognized
authorities in this field. It is recommended that you record this
patent with the Grays Harbor County Recorder, Montesano, Washington.
You are cordially urged to follow these dictates of prudent judgement in
your dealings concerning this property.
Sincerely yours,
(SGD) M.L. SCHWARTZ
C. W. Ringey OR Superintendent
cc: Portland Area Office (2)
AFFIDAVIT OF IDENTITY
I, Charles P. Mathes, Sup. Real Property Officer, Western Washington
Agency, Everett, Washington, certify that Beatrice Van Orsdol Beatty,
and Beatrice Vivian Van Orsdol is one and the same person.
Charles P. Mathes Sup. Real Property Officer
STATE OF WASHINGTON
COUNTY OF SNOHOMISH ss.
I, Claude D. Albright, Notary Public in and for the State of
Washington, residing at Everett, Washington, do hereby certify that on
this 580220, personally appeared before me Charles P. Mathes, Sup. Real
Property Officer, Western Washington Agency, Everett, Washington, to me
known to be the individual described in and who executed the foregoing
instrument and acknowledged that he signed and sealed 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 580220.
Claude D. Albright Notary Public in and for the State of Washington,
residing at Everett, Washington.
My Commission Expires 590803.
LAND STATUS REPORT
Pursuant to the Act of 870208, (24 Stat. 388) as amended by the Act
of 110304 (36 Stat. 1345), trust patent No. 1063681, 330421, was issued
to Beatrice Vivian Van Orsdol, Quinault allottee No. 2257, for lands
described as: N 1/2 SE 1/4, Sec. 11, T. 23 N., R. 12 W., Willamette
Meridian, Washington, containing 80 acres, more or less.
1. There have been no subsequent transactions affecting acreage or
ownership.
2. The allotment is not within an irrigation project.
3. The original allottee is living.
4. There are no unpaid probate fees of record.
5. There is no record of indebtedness to the United States or the
Quinault Tribe against the land, allottee or the heirs.
Certificate of Indebtedness report is attached for unpaid appraisal
fee in the amount of $240.00, due Willis A. Shull for appraisal made
560510. The allottee executed a Form 5-139-B, wherein it is proposed
that the appraisal fee shall be paid from money credited to the account
of the allottee at this office, subsequent to the sale of the allotment.
and correct according to the official records of the Western Washington
Indian Agency.
580217
Charles P. Mathes Supervisory Real Property Officer
HEL-010-0186-0189
HEL-010-0178-0189
BEATTY, B V O
570218
CORRESPONDENCE
FOSTER, D C PAO
Realty
C O P Y
cc: Western Washington Agency Branch subject Branch chrony Yellow
chrony JLDiddock/ev 570218
Portland Area Office Post Office Box 4097 Portland 8, Oregon
570218
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Attention: Branch of Realty
Dear Sir:
The Superintendent of the Western Washington Agency has submitted a
proposal to offer six timbered allotments in a group for sale to the
highest bidder for all six allotments. The distribution of the proceeds
of this sale will be on a percentage basis with deeds or patents in fee
to be issued to the purchaser.
This proposal was made by the allottees themselves after fully
considering all of the facets of the sale of their property. They
believe that a better price will be secured for the six allotments in a
block since it is necessary that the purchaser has sufficient timber to
properly develop his operation in that area.
Enclosed is an allotment analysis as worked up by the Agency staff
and an agreement entered into by the owners of these properties. This
situation is a little unusual in that bids will not be asked on each
separate allotment but one bid in the total sum for all six allotments
in being requested.
An important factor in this matter is that distribution of the
proceeds will be on the basis of the percentages as set forth in the
agreement. There percentages are based on the valuation of the
allotment in direct ratio to the total value of all six allotments.
This proposal is more or less a test case stomming from experience
gained in the offering of other allotments in this area.
An example of this is that the members of one family requested a
supervised sale be held for their allotments. These were offered as six
items. One company was successful in purchasing three of the allotments
on this basis. They desired to purchase all of the allotments by bid in
accordance with the advertising. Their bid on the three allotments not
sold did not equal the estimated fair market value although they were
the high bidders on the three allotments.
This proposal also leads the way in setting up a procedure for the
disposal of grazing allotments on the Klamath Reservation. The great
problem in the Klamath grazing area is securing water. We have been
considering the placing of several allotments in one unit with water
available so that a sufficient amount of land would be offered in one
block to these people who usually secure grazing permits on the
reservation. The size of allotments on the Klamath is not large enough
to be attractive to anyone owning a sizeable herd of cattle or flock of
sheep.
We feel that a percentage basis is the only fair and equitable way to
offer these properties since it is nearly impossible to arrive at the
dollar value in any other way. The appraisers must be informed prior to
appraising such properties that it is the intent of the allottees to
join together in the above manner since obviously the properties offered
as a unit would be more valuable than any of the component parts by
themselves.
We would appreciate an immediate reply with your recommendations and
suggestions as to proceeding in this matter since the allottees are vary
anxious to have the land offered for sale. It is requested that the
agreement and allotment analysis be returned with your reply since very
few copies are available.
Sincerely yours,
/s/ Don C. Foster
Area Director
Enclosures
cc: Western Washington Agency
HEL-010-0190-0191
HEL-010-0190-0203
COMM DOI BIA BR OF REALTY
570123
CORRESPONDENCE
HOWELL, J P W WASH AGENCY
COPY
Realty
UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
Field Service
Western Washington Agency P. O. Box 915 Everett, Washington
570123
Mr. Don C. Foster
Area Director, Portland Oregon
Attention: Realty
Dear Sir:
There is attached six copies of a memorandum agreement executed
between the owners of Quinault allotments Nos. 2206, 2256, 2258, 2257,
2048, and 1261. These owners are of the opinion that their contiguous
allotments can be marketed to better advantage if offered as one sales
item in a supervised sale. They believe that an offering of this size
will attract desirable bidding and have agreed to divide the proceeds of
the sale on a pro rata basis of the approved appraisals, provided an
over all bid is received which is not inconsistent with the total
appraised value of the six allotments listed above.
This office has no objection to making this experimental offering.
We attach a schedule on which an analysis of the elements of each
allotment has been made. We see no important variation which would
significantly affect the equity of the distribution if made according to
the proposed agreement.
Sincerely yours,
/s/ James P. Howell Acting Superintendent
Enclosure
HEL-010-0192-0192
HEL-010-0190-0203
FOSTER, D C DOI BIA PORTLAND
560803
CORRESPONDENCE
BRUCE, D R PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
560803
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Dear Mr. Ringey:
Timber cruise and appraisal report, dated 560510, covering the
property of Beatrice Van Oradol Beatty, Quinault Allotment No. 2257,
consisting of 80 acres, has been approved in the total fair market value
of $20,000.00 for the subject lands and merchantable timber thereon.
Review memorandum, dated 000802, is attached to each copy of the
approved report which is returned herewith in duplicate. An extra copy
of the memorandum for your file copy of the report is enclosed.
Since the report contains no information to the contrary, it is
presumed the subject allotment will be offered for sale free and clear
of existing leaseholds and the reservation of oil, gas and minoral
rights.
Sincerely yours,
D. H. BRUCE
Area Realty Officer
Enclosures
HMZiegler/cl 560308
cc: Branch subject Branch chrony Yellow chrony
560802
REVIEW MEMORANDUM
Subject: Timber cruise and appraisal report covering the property of
Beatrice Van Oradol Beatty, Allotment No. 2257, consisting of 80 acres
within the Quinault Reservation, Grays Harbor County, Washington.
Timber sales data included in the timber cruise and appraisal report,
dated 560510, prepared by contract cruiser appraiser, Willis A. Shull,
for the present owners of the above identified lands, indicates that the
total appraised valuation of the subject lands and merchantable timber
thereon may be lower than justified by the supporting information.
There is considerable difference of opinion among timber cruiser
appraisers as to the proper interpretation and application of the
current log and stumpage values disclosed by recent sales of timber in
western Washington.
It is generally agreed that log sale prices as published by the
Pacific Northwest Loggers Association less the estimated logging costs
offers scant assistance in arriving at a realistic stumpage value. In
the subject cruise and appraisal report, the appraiser explores the log
market or "income" approach to value and then discards this approach,
which is used extensively by many contract cruiser appraisers and State
and Federal Agencies, as unreliable and misleading in arriving at
current fair market value.
Information concerning recent bid prices received by the State of
Washington for timber only by species is included in the report,
however, the appraiser departs from the average sales price without and
adequate explanation therefore other than his unsupported opinion and
experience as a cruiser appraiser.
The comparable sales approach to value was discussed many times with
the cruiser appraiser at the Area office and the subject report together
with similar reports covering forest lands on the Quinault Reservation
were revised and subsequently re submitted. This preferred approach to
value was again discussed with the cruiser appraiser at the Area office
on 000528. As a result of this conference the appraiser was again
requested to use specific recent sales of comparable land and timber for
comparison purposes in arriving at present fair market value.
In view of the foregoing explanation, it is recommended that the
subject appraisal be approved in the total fair market value of
$20,000.00 as being within a reasonable range of fair market value based
on the most reliable information available to this office.
Herbert M. Ziegler
Reviewing Appraiser
HMZiegler/cl 560208
HEL-010-0193-0194
HEL-010-0190-0203
RINGEY, C W W WASH AGENCY
560605
CORRESPONDENCE
SUPT W WASH AGENCY
Realty S-244
Field Service Western Washington Agency P. O. Box 915 Everett,
Washington 560605
Mr. Don C. Foster Area Director Portland Area Office
ATTENTION: Realty Section
Dear Mr. Foster:
There is attached in triplicate for approval, an appraisal report by
Willis A. Sbull on the Quinault allotment of Beatrice Van Orsdol Beatty,
Quinault No. 2257. This Appraisal Report has been examined and no
significant variations were noted in the computations. The appraisal of
value of the logs has been adjusted from two to three dollars in the
light of experience by the State of Washington and the Indian Service.
The appraisal was made in connection with a request for a supervised
sale. The appraisal is recommended for acceptance.
Very truly yours,
Superintendent
RHHUTCHINSON:js
Encl: 1 (trip)
QUINAULT RESERVATION ALLOTMENT NO. 2257 PROPERTY OF
ADDRESS
PURPOSE OF APPRIASAL
To Determine The Value of the Fee Simple Title LAND DESCRIPTION:
Northwest quarter of the southeast quarter, and the northeast quarter
of the southeast quarter; all in section eleven; township twenty three
north, and range twelve west of the Willemette Meridian.
(N 1/4 SE 1/4, & NE 1/4 SE 1/4, Sec., RWP 11, 23N., R 12 W.W.N.) All
in Greys Harbor County, State of Washington. No. of acres; eight (80).
Type and Character; Timbered & Swamp Lands.
APPRAISED VALUATION AS OF 560410
FAIR MARKET VALUE $20,000.00
I certify that I carefully examined the above described premises and
the amount indicated represents my best unbiased judgement as to present
market vvalue of the fee simple title thereto, except as otherwise
indicated. I do further certify that I have no present or future
intended interest therein. 560510
(Sgd)
Willis A. Skull
Appraiser
Recommended
Approved 560802
/s/ Herbert M. 'Ziegler
Reviewing Appraiser
Allotment NO. 2257
Quinault Reservation
Beatrice Van Oradel Beatty
560500
Inspection of Property:
After identification of the property from the controlling legal
corners, necessary boundary lines were run by compass. Then, eight
compass lines were run through each forty, two and one-half chains
apart; eight one-fifth acre sample plots were examined for timber
volume, on each forty. To pography and soil types were noted at the
same time.
Location Neighborhood Analysis:
The tract is located in the north central part of the Quinault
Reservation, fifteen miles west from Quinault Lake, and about 2,000 feet
south from Highway No. 101. The nearest railhead, Hoquiam, is fifty two
miles southeast on Highway No. 101.
The tract is part of a virgin forest, which has never been developed
in any manner. Adaptability:
The tract consists of three acres of swamp land and seventy seven
acres of timbered land. The timbered land is below average in site
class for this region, but will produce another crop when the present
one is removed. The small swamp will be unproductive unless it should
be drained at some time. It would then be the equal of the balance of
the tract. It's present value is speculative only. There is nothing to
indicate that the property will ever have a greater value than for the
growing of timber. The timber is overage, and sometime decadent.
The soil is the common yellow clay of the region, m"ixed with some
gravel in places. There are no rock or gravel outcroppings.
The property is drained from north to south by two small branches of
Raft River. The eastern branch probably runs water through out the
year. The more westerly branch disappears in the small swamp, to come
up again just to the southwest of the property.
The tract is almost level, only? a few small ridges rising above
general elevation, and then only a few feet. The approximate elevation
above sea level is 500 feet.
There are no improvements on the property.
The tract has always been trust property, and there has never been a
tax assessment.
Allotment No. 2257 Quinault Reservation
Beatrice Van Oredol Beatty 560500
Bare Land Sales:
There have been very few bare land sales for comparisons in this
district, but the Indian Service has made two as follows:
One sale of bare land in the southern part of the reservation, for
$15.00 per acre. This land use was of better site class for timber
growth, but several miles off a highway.
One sale of land on a state highway, for $35.00 per acre. This tract
carried an excellent stand of reproduction.
This appraisal is near a state highway, and is also near some large
tree farms, which might find this appraisal a worthwhile addition.
The price level set on this tract approximates the value the
Washington State Tax Commission would set for tax assessment purposes.
BARE LAND VALUE: 3 acres swamp land $ 5.00 $15.00
77 acres timberland $15.00 $1,155.00
Total bare land value $1,170.00
ESTIMATE OF MERCHANTABLE TIMBER:
Cruise modifications:
40% cruise by one;fifth more sample plots
Minimum" DW 12"
Top Diameter Merchantable
Merchantability 33 1/3%
Defect and Breakage Reductions:
Cedar 30% Dead Cedar 50%
Hemloc, W. Fir, & W. Pine 10%
"Table not Keyed See Original"
Logging Conditions: Very favorable for dry season logging. There
are no natural barriers to prevent building roads to all timber at will,
except the wet and low places which will dry up in the summer. Could be
tractor logged in the dry season. Due to the poor drainage on some
parts, an all weather road would be very high in costs.
Estimate of Logging Costs; Falling and Bucking $6.00
Yarding and Loading 7.50
Construction 1.00
Overhead and Supervision 2.50
Profit and Risk 2.00
Transportation 9.75
Total $28.75
Allotment No. 2257 Quinault Reservation
Beatrice Van Oredol Beatty 560500
Log Market Values:
Log market values in this appraisal reflect the recent interest in
cedar lumber logs, and lack of demand for the strictly shingle grades.
The price level approximates that of the PLNA.
Log Market Values:
"Table not Keyed, See Original"
Stumpage prices by Standard conversion:
Cedar $39.66 less $28.75 (estimated logging costs) $10.91
Hemlock $41.65 less $28.75 " $12.90
W. Fir $40.86 less $28.75 " $12.11
W. Pine $57.14 less $28.75 " $28.39
This standard process of arriving at stumpage prices does not give
the true market value at the present time, as quite obviously there are
operators who are willing to forego their chances of a logging profit in
order to secure timber to keep their mills in logs. This profit margin
can be added to the above figures to give the following.
STUMPAGE PRICES AND VALUES:
"Table not Keyed, See Original"
SUMMARY OF STATE SALES Western Jefferson County, Washington 550400 to
560000
"Table not Keyed, See Original"
Note: The "no;bid" offering are not in any way included in the
totals. The total average prices are based on the weighted averages by
extending total dollar values for each sale by species.
SUMMARY OF ABOVE
"Table not Keyed, See Original"
Special note should be taken of the progressive rise of appraised
prices by species from 550400 to 560200. These increases were made to
follow the bid prices and do not reflect the value of stumpage based on
log value. Therefore, the above indicated appraised price averages are
high by all species as far as values reflected by log market are
concerned. A more realistic appraised value for the above timber would
be about $23.00 for Cedar, $11.00 for Hemlock, and $25.00 for Spruce.
Further note should be taken of the "no bid" offerings which
predominated heavily to Cedar. This indicates that the Cedar is
appraised too high as well as the lower demand for this species over the
Hemlock and Spruce, particularly when it is strongly in predominance.
In conclusion it is estimated that the fair market value of timber in
this district lies somewhere between the appraised prices and the bid or
prices being paid by the industry. The price level selected for the
foregoing appraisal is based primarily on the grade, composition, and
accessibility of the timber, using the above sales data as an index.
SUMMARY OF INDIAN SERVICE SALES QUINAULT RESERVATION 550000
"Table not Keyed, See Original"
The above were lump sum bids and were segregated as to species.
One Private Sale:
Hemlock $12.50 per MBM Spruce $15.00 per MBM Cedar $15.00 per MBM
Stand composition mostly Hemlock of average grade.
SALES RECAPITULATION
"Table not Keyed, See Original"
Comparisons:
State Sales; Several miles from this appraisal where grade
realization is much higher. Stand composition mostly Hemlock.
Indian Service: Several miles from this appraisal where grade
realization is much higher. Stand composition mostly Hemlock.
Private Sales; An average Hemlock stand, comparable in logging posts
to this appraisal, except with slightly higher hauling costs. Grade
realization is higher.
This Appraisal: A low grade cedar tract, when the Hemlock types are
bringing the premium prices.
Note: Construction costs are based on 500 acres of timber land which
will be served by the same roads, and which it is planned to sell at the
same time as this appraisal.
Note: The grade of logs produced from this tract will be low, except
for the White Pine, which is exceptionally good. There is about as much
dead standing White Pine of the larger sizes as there is live standing,
and apparently this is a progressive condition. There is Blister Bust
in the young pine, but it could not be determined that this was the
cause of the death of the large pines.
Allotment No. 2257 Quinault Reservation
Beatrice Van Oredol Beatty 560000
"Graph not Keyed, See Original"
QUINAULT RESERVATION WASHINGTON
"Map not Keyed, See Original"
HEL-010-0195-0203
HEL-010-0190-0203
FOSTER, D C DOI BIA PORTLAND
580326
CORRESPONDENCE
HILL, C E US DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
78737
FILE NO. 3129-58 B.I.A.
Allotment No. Q. 1227
Western Washington Indian Agency
580404
RECEIVED of C.W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1180460 issued 580324, in the name of Aggie Butler Kilmer, an
Quinault Indian, for all oil, gas and other minerals, in the following
described land: Lot 8, NW 1/4 SW 1/4, Sec. 34, T. 24 N., R. 12 W.,
W.M., Washington, 85.25 acres.
Aggie Butler Kilner Patentee
IN REPLY REFER TO:
Realty Requirements
3129-58
mms
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25. D.C.
580326
Superintendent Western Washington Agency
Mineral fee/patent numbered 1180460 issued 580324, to Aggie Butler
Kilmer, for all oil, gas and other minerals.
Quinault allottee numbered 1227 is enclosed for recording and
delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours.
C.E. Hill
Special Assistant, Requirements
Enclosures
cc: Area director, Portland Form 5-067 570400
HEL-010-0204-0206
HEL-010-0204-0213
SUPT W WASH AGENCY
580220
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580220
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Aggie Butler Kilmer, allottee, for a patent in fee
on oil, gas and other minerals underlying Quinault allotment No. 1227,
pursuant to authority delegated by Secretarial Order No. 2508 of 490111,
(14 F. R. 258), and Order No. 551 of the Commissioner, Bureau of Indian
Affairs, dated 510329, (16 F.R. 2939), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for 100% interest in and to all oil, gas and other mineral
right underlying the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
Lot 8, and NW 1/4 SW 1/4, Sec. 34, T. 24 N., R. 12 W., Willamette
Meridian, Washington, containing 85.25 acres, more or less.
Sincerely yours,
Acting Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0207-0207
HEL-010-0204-0213
DIR BUREAU OF LAND MGT COMM DOI BIA
580220
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. KILMER, Aggie Butler Q. 1227
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the application of Aggie Butler
Kilmer, Q. 1227, for a patent in fee on all oil, gas, and other minerals
underlying Quinault allotment No. 1227. The application is approved.
The applicant has furnished favorable references attesting to her
prudence in handling business transactions. An official of the
Jefferson County Abstract Company offered the information that, although
the applicant has a minimal education, she is not influenced by pressure
and generally seeks expert advice in the various business transactions
she is involved in.
The applicant sold her allotment through a supervised sale, the deed
being approved 570522, the selling price being $62,500.00. There have
been no negative reports of any dissipation of this large sum of money
by the applicant, but rather indication that she has invested at least a
portion of it in real estate. Based upon all available information, it
is our opinion that Aggie Butler Kilmer is capable of managing her oil,
gas, and mineral rights with prudence and good judgment.
The application is accompanied in duplicate by a current land status
report and letter to the patentee. There is also enclosed the letter to
the Bureau of Land Management.
Sincerely yours,
Superintendent
Enclosures
HEL-010-0208-0208
HEL-010-0204-0213
FOSTER, D C DOI BIA PORTLAND
580220
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp.
Kilmer, Aggie Butler Q. 1227
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580220
Mrs. Aggie Butler Kilmer 19th and Kuhn Streets Port Townsend,
Washington
Dear Mrs. Kilmer:
Pursuant to your request of 570711 and predicated upon the finding of
your being competent to prudently conduct business transactions
involving your oil, gas, and other subsurface mineral rights, there is
respectfully presented a patent in fee to property legally described as:
A 100% reservation of all oil, gas, and other subsurface minerals in
Lot 8, NW 1/4 SW 1/4, Sec. 34, T. 24 N., R. 12 W., Willamette Meridian,
Washington.
The allotment was sold by you to Mayr Brothers Logging Company,
Incorporated, by deed approved 570422. The determination of your
competency to administer this reservation of oil, gas, and other
subsurface mineral rights affords assurance that if at some future date
you consider the sale, leasing, or encumbrance of this property, you
will secure detailed information as to the value of these interests from
authorities in the field of evaluation.
It is recommended that you record this patent with the Grays Harbor
County Auditor, Montenano, Washington. You are cordially urged to
follow these dictates of prudent judgment in your dealings concerning
this property.
Sincerely yours, C. W. Ringey Superintendent cc: Portland Area
Office (2)
Form No. 5:1
550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale or Indian Land Aggie
Butler Kilmer
No. 1227
Reservation Quinault
570711 (date)
Application is hereby made for (patent in fee) for the following
described land: 100% reservation of all subsurface oil, gas, and other
mineral rights remaining in trust on Lot 8, and NW 1/4 SW 1/4, Sec, 34,
Twp. 24 North, containing 85.25 acres, more or less. Range 12 West,
Willamette Meridian, Washington.
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 65
2. Date of Birth 920318
3. Degree of Indian Blood half
4. Single (widow) (strike out one)
5. Education: Years in elementary school 3 High School College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) None
7. I am enrolled as a Quillayute Indian (Name of Tribe)
8. Permanent address 19th & Kuhn Sts. Port Townsend, Wash
9. The amount of my annual income is $29.40 (Social Security)
# Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: Social
Security Benefits
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.) Social Security ($29.40 per
month)
12. If indebted to the United States, state amount and purpose of
indebtedness. (If not, state none.) None
13. I (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 $ 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:
hold mineral rights b. I intend to use the proceeds of sale for the
following purposes:
No sale
I (We)# 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 (3)
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.
Aggie Butler Kilmer
Subscribed and sworn before me this day 570711 I hereby certify that
the effect of this application was explained to and fully understood by
the applicants
Title Notary Public
Date 580217
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) as amended by the Act of
110304 (36 Stat. 1345), Trust Patent No. 1015196, dated 280423 was
issued to Aggie Butler Kilmer, Quinault allottee No. 1227, for lands
described as Lot 8, and NW 1/4 SW 1/4, Sec, 34 T. 24 N., R. 12 W.,
Willamette Meridian, Washington, containing 85,25 acres.
1. There have been subsequent transactions, since issuance of above
patent, affecting acreage or ownership as follows:
By deed Aggie Butler Kilmer conveyed the entire allotment which is
described as Lot 8, NW 1/4 SW 1/4, Sec, 34, T. 24 N., R. 12 W.,
Willamette Meridian, Washington, to Mayr Brothers Logging Company,
Incorporated for a consideration of $62,500.00.
There was reserved therefrom 100% of all oil, gas, and other
subsurface minerals. Deed approved 570422, by Perry E. Skarra, Acting
Area Director. Portland Area Office recording, Volume 1, Page 107,
Tract File WW-2.
2. There have been no other transactions affecting acreage or
ownership of allotment No. 1227.
3. The allotment is not within an irrigation project.
4. The original allotee is living.
5. There are no unpaid probate fees of record.
6. There is no record of indebtedness to the United States or the
Quinault Tribe against the land, allottee or the heirs.
7. As of this date, as evidensed by the foregoing information, the
entire allotment, not including mineral rights, has been alienated.
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Indian
Agency.
Charles P. Mathes
Supervisory Real Property Officer
580217
HEL-010-0209-0213
HEL-010-0204-0213
KILMER, A B
580326
CORRESPONDENCE
HILL, C E US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
78839
File No. 3485-58 B.I.A.
Allotment No. Q. 2132 Western Washington Indian Agency 580403
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1180477, issued 580324, in the name of Alvin Prior, as Quinault
Indian, for Lot 5, Sec. 1, T. 23 N., R. 12 W., and SW 1/4 NW 1/4, Sec.
23, T. 23 N., R. 13 W., Willamette Meridian, Washington, containing
73.25 acres.
Witness
G. W. Rodford
Violet E. Rodford
Alvin Prior Patentee
IN REPLY REFER TO: Realty Requirement 3485-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580326
Superintendent
Western Washington Agency
Fee patent numbered 1180477 issued 580324 to Alvin Prior Quinault
allottee numbered 2132 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
HEL-010-0214-0216
HEL-010-0214-0235
SUPT W WASH AGENCY
560306
CORRESPONDENCE
SKARRA, P E PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Alvin Prior, allottee, for a patent in fee for
land embraced in his Quinault allotment No. 2132, pursuant to authority
delegated by Secretarial Order No. 2508 of 490111, (14 F. R. 258), and
Order No. 551 of the Commissioner, Bureau of Indian Affairs, dated
510329, (16 F. R. 2939), has been approved.
It is requested that a patent in fee be issued to the above:named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
Lot 5, Sec. 1, T. 23 N., R. 12 W., and SW 1/4 NW 1/4, Sec. 23, T. 23
N., R. 13 W., Willamette Meridian, Washington, containing 73.25 acres.
Sincerely yours,
Perry E. Skarra Assistant Area Director
cc: Central Office (BIA),w/encl.
HEL-010-0217-0217
HEL-010-0214-0235
DIR BUREAU OF LAND MGT
580206
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty Acq. & Disp. PRIOR, Alvin Q. 2132
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington 580206
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Alvin
Sterling Prior, Quinault allottee No. 2132, for a patent in fee on his
allotment which is described as: Lot 5, Sec. 1, T. 23 N., R. 12 W., and
SW 1/4 NW 1/4, Sec. 23, T. 23 N., R. 13 W., Willamette Meridian,
Washington, containing 73.25 acres.
The applicant is known by the staff of the Hoquiam Sub Agency and is
considered to be unquestionably competent. He owns his own home and
pays realty taxes thereon. Mr. Prior's references include officials of
the Raymond Federal Savings & Loan Association, the Seattle First
National Bank, and an owner of a brokerage firm. His references vouch
for his prudence, integrity, and business ability. He has caused to be
made two fee appraisals of the two portions of his allotment, the
appraisals being approved by the Area Office on 560808, and 571009,
respectively. It is our opinion that Mr. Prior is fully competent and
capable of handling his allotment to his best advantage.
On 570905, an application for only the SW 1/4 NW 1/4, Sec. 23, T. 23
N., R. 13 W., was transmitted to the Area Office. At that time, Lot 5,
Sec. 1 of this allotment was included in the current supervised sale
listing. As a purchaser could not be found, the applicant has decided
to request a fee patent on his entire allotment. This action enables
this case to comply with current regulations requiring the inclusion of
all sole owned trust property of a competent individual applying for a
fee patent.
It is noted that Lot 5, Sec. 1, T. 23 N., R. 12 W., is subject to a
long term timber contract with Rayonier, Incorporated. The applicant
was informed by letter that the issuance of a fee patent on his
allotment would not affect the validity of the contract. It appears
that the contractor has indicated to Mr. Prior that favorable
consideration will be given to the purchase of the contract area by them
after issuance of the fee patent. The contractor has been notified of
the intent to issue a fee patent on this allotment. The application is
supported by the following documents in duplicate unless otherwise
noted:
Land Status Report Copy of Letter to Contractor Letter to the
applicant re: contract Certificate of Identity Appraisals (1 each
tract) Letter to patentee
There is also attached the letter to the Bureau of Land Management.
It is recommended that the applicant's request for issuance of a fee
patent be granted.
Sincerely yours,
ACTING Superintendent
Enclosures
HEL-010-0218-0219
HEL-010-0214-0235
FOSTER D C DOI BIA PORTLAND
580206
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty
Acq. & Disp.
PRIOR, Alvin
Q. 2132
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Rayonier Incorporated P.O. Box 539 Hoquiam, Washington
Gentlemen:
The owner of Quinault allotment No. 2132, Alvin Sterling Prior, has
requested a fee patent on his land which is described as:
Lot 5, Sec. 1, T. 23 N., R. 12 W., and SW 1/4 NW 1/4, Sec. 23, T. 23
N., R. 13 W., Willamette Meridian, Washington, containing 73.25 acres,
more or less.
The Bureau proposes to request the issuance of the patent thirty days
from the date of this notice.
The SW 1/4 NW 1/4, sec. 23, T. 23 N., R. 13 W., of this allotment is
subject to Timber Contract No. I-101-Ind-1903(332) which expires 860401,
Rayonier, Incorporated being the contractor. The issuance of the fee
patent to the allottee will in no way affect the validity of the
existing timber contract. The prospective patentee will be likewise
notified immediately.
This notice is given so that you may protect your interest by making
the contract a matter of public record as to the access rights not
covered in any specific right of way granted.
Sincerely yours,
C.W. Ringey Superintendent
cc: Portland Area Office (2)
HEL-010-0220-0220
HEL-010-0214-0235
RAYONIER INC
580206
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty Acq. & Disp. PRIOR, Alvin S. Q. 2132
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Alvin S. Prior P.O. Box 793 South Bend, Washington
Dear Mr. Prior:
We wish to notify you that favorable progress has been made on your
application for a fee patent on your allotment.
As you are undoubtedly aware, that portion of your allotment which is
described as Lot 5, Sec. 1, T. 23 N., R. 12 W., is subject to Timber
Contract No. I-101-Ind-1903(332) which expires 860401. The issuance of
the fee patent will in no way affect the validity of the existing
contract with Bayonier, Incorporated.
Your application will be forwarded to the Bureau of Land Management
for issuance of the fee patent on the expiration of a thirty day period
following the notification of the firm holding this timber contract.
The notice to the contractor was sent today.
Sincerely yours, C. W. Ringey Superintendent cc: Portland Area
Office (2)
HEL-010-0221-0221
HEL-010-0214-0235
PRIOR, A S
580206
CORRESPONDENCE
ALBRIGHT, C W W WASH INDIAN AGENCY RINGEY, C W W WASH INDIAN AGENCY
Realty
Acq. & Disp.
PRIOR, Alvia S.
Q. 2132
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580206
Certified Mail
Return Receipt Requested
Mr. Alvin S. Prior P.O. Box 793 South Bend, Washington
Dear Mr. Prior:
Pursuant to your request of 571123, and predicated upon the finding
of your being competent to prudently conduct business transactions
involving your trust property, there is respectfully presented a patent
in fee to property legally described as:
Lot 5, Sec. 1, T. 23 N., R. 12 W., and SW 1/4 NW 1/4, Sec. 23, T. 23
N., R. 13 W., Willamette Meridian, Washington, containing 73.25 acres,
more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, appraisals were made of each portion of this
allotment.
These appraisal approved 570808, and 570909, by Albert Lyford and
Willis A. Shull, respectively, the fee appraisers whom you hired,
indicate Lot 5, Sec. 1, T. 23 N., R. 12 W. to be located about 1 and 3/4
miles north of Highway 101, at which point the distance to Hoquiam is
about 54 miles. It is within 1 mile of a logging road, lying southeast
of the property. The land is best suited for conversion into forest
products after which it will be best adapted for forest regrowth. The
topography is favorable for cat logging. The following timber estimates
applied to the applicable contract rates reflect the value of the timber
of the property at the time the appraisal was made. In addition to the
timber value, comparable land sales in the vicinity indicate a bare land
value of $10.00 per acre for this area.
"Table not Keyed, See Originalc
The SW 1/4 NW 1/4, Sec. 23, T. 23 N., R. 13 W. is located in the
northwestern part of the Quinault Reservation, one and onehalf miles
east of the Coast Road, which runs between Cape Elizabeth and Highway
No. 101, and also, the same distance east from the Pacific Ocean. The
tract is forty acres of average forest for this district. It is
overmature, but of average quality. Two sales were noted in this area,
one at $15.00 for bare land of comparable quality, but several miles
nearer to settled communities, and one sale at $35.00 per acre on a
highway and covered with excellent reproduction. It appears by
comparison, the bare land value of this portion of your allotment would
be approximately $10.00 per acre. The timber volumes were estimated to
be: Cedar: 978 MBM; Hamlock: 212 MBM; W. Fir: 45 MBM; Spruce: 9
MBM; W. Pine: 4 MBM; and the total value of the SW 1/4 NW 1/4, Sec.
23 of your allotment was determined by this appraisal to be $14,000.00.
This information is offered to you only as a guide and is not to be
construed as a thoroughly reliable indication of the market value of the
property at the present time. The determination of your competency
affords assurance that if at some future date you consider the sale or
encumbrance of this property you will secure assistance in trending the
appraisals which you have on hand so that you may be aware of the market
value in existence at the time a transaction is contemplated. It is
most advisable that you record this patent at the Grays Harbor County
Court House, Monteseno, Washington. You are cordially urged to follow
these dictates of prudent judgement in your dealings concerning this
property.
Sincerely yours,
(Sgd) Claude A. Albright
C. W. Ringey Superintendent cc: Portland Area Office (2)
Form No. 5-10 55 05 00
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
571125
Application for Patent in Fee or for the Sale of Indian Land
Allotte Alvin Sterling
Prior No. 2132
Reservation Cuinault
571123
Application is hereby made for (patent in fee) for the following
described land: Lot 5, Sec. 1, T.23 N.R.1 W., and SW 1/4 NW 1/4, Sec.
23, T. 23 N., R. 13 W., Willamette Meridian, Washington, containing
73.25 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 58
2. Date of Birth 990902
3. Degree of Indian Blood 1/8
4. Married
5. Education: Years in elementary school 8 High School College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Jean Prior. wife. 49
7. I am enrolled as a Quinault Chinook Indian
8. Permanent address 109 Kendrick St., South Bend, Wn.
9. The amount of my annual income is $4200.00
EXHIBIT No. 8
10. My income is obtained from the following sources: Fishing
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 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 $ none. (If
not leased, state none.)
15. I intend to use the land for the following purposes after
receiving a patent in fee which becomes taxable from date of issuance.
Wish to sell the land
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.
Form No. 5-105 (3) 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.
Alvin S. Prior
Subscribed and sworn before me Date none I hereby certify that the
effect of this application was explained to and fully understood by the
applicants
APPLICATION APPROVED
Superintendent
580103
AFFIDAVIT OF IDENTITY
I Charles P. Mathes, Sup. Real Property Officer, Western Washington
Agency, Everett, Washington, certify that Alvin Sterling Prior and Alvin
Prior is one and the same person.
Charles P. Mathes
Sup. Real Property Officer
STATE OF WASHINGTON
ss
COUNTY OF SNOHOMISH
I, Claude D. Albright, Notary Public in and for the State of
Washington, residing at Everett, Washington, do hereby certify that on
this 580206, personally appeared before me Charles P. Mathes, Sup. Real
Property Officer, Western Washington Agency, Everett, Washington, to me
known to be the individual described in and who executed the foregoing
instrument and acknowledged that he signed and sealed 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 580206.
Claude D. Albright, Notary Public in and for the State of Washington
residing at Everett, Washington
My Commission Expires 590803
LAND STATUS REPORT
Pursuant to the Act of 870208, (24 Stat. 388), as amended by the Act
of March 4, 1911 (36 Stat. 1345) trust Patent No. 1063560 dated 330421,
was issued to Alvin Sterling Prior, Quinault allottee No. 2132 for lands
described as Lot 5, Sec. 1, T. 23 N., R. 12 W., and SW 1/4 NW 1/4, Sec.
23, T. 23 N., R. 13 W.., Willamette Meridian, Washington, containing
73.25 acres, more or less.
1. There have been subsequent transactions since issuance of above
patent, affecting acreage or ownership as follows:
Lot 5, Sec. 1, T. 23 N., R. 12 W., Willamette Meridian, is subject to
Timber Contract No. I-101-Ind-1903 (332) dated 520805, and authorized
by the Act of Congress, 100625, (36 Stat. L. 855-857). The contract was
executed by Rayonier, Inc. of Hoquism, Washington, and Ramond H. Bitney,
Superintendent of Western Washington Indian Agency pursuant to a power
of attorney executed by Alvin Sterling Prior, Quinault allottee No.
2132. The contract was approved by Ramond N. Bitney, 520807, and expires
860401.
2. There have been no other transactions affecting acreage or
ownership of allotment No. 2132.
3. The land is not within a government irrigation project.
4. The original allottee is living; no abstract of probates is
required.
5. There are no unpaid probate fees of record.
6. There is no record of indebtedness to the United States or to the
Quinault Tribe against the land or the allottee.
7. As of this date, as evidenced by Paragraph 1 of this report, the
entire allotment remains in a trust status.
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Indian
Agency.
580130
Charles P. Mathes
Supervisory Real Property Officer
HEL-010-0222-0228
HEL-010-0214-0235
PRIOR, A S
571014
CORRESPONDENCE
LEMERY, L PAO DIDDOCK, J L PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
571014
Mr. Clarence W. Ringey Superintendent, Western Washington Agency Dear
Mr. Ringey:
The appraisal report on the 33.25 acre tract of the Alvin Prior
allotment, Quinault No. 2132, was approved by the Chief Appraiser on
571009.
In reviewing the file submitted with your letter of 000905 it was
noted that the application for a patent in fee covers only this 33.25
acre portion of the allotment and that the remaining tract containing 40
acres was being advertised for sale, bids to open on 000924. The
Abstract of Bids for that sale states that no offers were received for
the 40 acre tract.
Since the 40 acres did not sell, we believe the situation should now
be discussed with Mr. Prior with the view to having the application for
patent in fee revised to include the entire allotment.
No action will be taken at this time on the present application for
patent to the 33.25 acre parcel.
Sincerely yours,
L. Lemery
J.L. Diddock
Area Realty Officer
cc: Branch subject Branch chrony Yellow chrony GMLeighton/ev 571014
HEL-010-0229-0229
HEL-010-0214-0235
RINGEY, C W W WASH AGENCY
570905
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty
Field Service Western Washington Indian Agency P.O. Box 915 Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the application of Alvin Prior,
Q.2132, for a patent in fee on a portion of his Quinault allotment
described as: Lot 5, Sec. 1, T. 23 N., R. 12 W., containing 33.25
acres. The application is recommended for approval.
Prior is known to the staff at Hoquiam and is recommended without any
qualification. A local banker asserts that he has known the subject
many years and that he is a prudent sound man.
The application is for only a portion of the allotment because the
remainder of the allotment is up for supervised sale. The other parcel
has been offered for sale three times. The earliest offering was in
Sale No. 324 on which bids opened 000410. Later Prior requested a
patent on the remainder of his allotment. This is the request now being
considered. Incidentally, Rayonier is willing to buy this portion of
the allotment, which is under contract to them.
The application is accompanied by a land status report in duplicate
and by an appraisal report in quadruplicate. This case has not been
submitted earlier because of the failure of the references to respond.
Letters to the Bureau of Land Management are also attached.
If you feel that we should not recommend approval of this patent for
less than all of the allotment, we will withdraw the request and await
the outcome of our current sale. If the portion of the allotment which
is being offered does not sell, we will then inquire of Prior for
permission to include all of his allotment in the patent request.
Sincerely yours,
Superintendent
Enclosures
Form No. 5-105 550500
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
570509
Application for Patent in Fee or for the Sale of Indian Land
Allottee Alvin Prior
No. 2132
Reservation Quinault
570507 (dated)
Application is hereby made for (patent in fee) for the following
described land: Lot 5, Section 1, T23N, R12W, W.M. containing 33.25
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 990902
3. Degree of Indian Blood 1/8
4. Married (strike out one)
5. Education: Years in elementary school 8th High School College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Jean Prior, wife, age 49
7. I am enrolled as a Quinault Chinook Indian (Name of Tribe)
8. Permanent address P.O. Box 793, South Bend, Washington
9. The amount of my annual income is $4,200.00
#Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: Fishing
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 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 $ 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:
Wish to sell the land.
b. I intend to use the proceeds of sale for the following purposes:
I (We)# 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 (3) 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.
Alvin Prior Alvin Prior
Subscribed and sworn before me this 570507. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants
John W. Libby Title John W. Libby, Forest Manager,
APPLICATION APPROVED
ACTING Superintendent
CERTIFICATE OF IDENTITY
It is hereby certified that Alvin Sterling Prior and Alvin Prior is
one and the same person.
Charles P. Mathes Real Property Assistant Western Washington Agency
Everett, Washington 570904
L A N D S T A T U S R E P O R T
Alvin Sterling Prior, Quinault No. 2132, land described as: Lot 5 of
Section 1, Township 23 North, Range 12 West, and the SW 1/4 NW 1/4 of
Section 23, Township 23 North, Range 13 West, Willamette Meridian,
Washington, containing 73.25 acres.
Trust Patent No. 1063560 on the above described lands was issued
330421, to Alvin Sterling Prior pursuant to the Act of 870208, (24 Stat.
388) as amended by the Act of 110304 (36 Stat. 1345).
Lot 5, Section 1, Township 23 North, Range 12 West, W.M. is subject
to Timber Contract No. I-101-Ind-1903 (332) dated 520805, and authorized
by the Act of Congress, 100625 (36 Stat. L 855-857) Contract executed by
Rayoniar, Inc. of Hoquian, Washington, and Ramond H. Bitney, Supt.
Western Washington Agency pursuant to a power of attorney executed by
Alvin Sterling Prior, Quinsult 2132. The contract was approved by
Ramond H. Bitney, 520807 and expires 860401.
There is no record of an easement or right of way.
There have been no subsequent conveyances or transactions affecting
ownership, or acreage of this parcel.
The land is not within a government irrigation project.
The allottee is living; no Abstract of Probates is required.
There is no record of indebtedness due the United States or to the
Quinsult Tribe.
It is hereby certified that the land discription given above has been
verified by comparison to the original patent and that this is a true
and complete report according to all available Agency records.
Charles P. Mathes Real Property Assistant Western Washington Agency
Everett, Washington 570520
HEL-010-0230-0235
HEL-010-0214-0235
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
571009
CORRESPONDENCE
SHENKEL, W M
Mr. George W. Mathis, Chief Appraiser
Portland Area office Realty Branch
Realty 570910
Attached is one copy of the following appraisal report approved by
Mr. George W. Mathis during his visit to the Portland Area Office:
Alt. No. Q-2132 (part)
Allottee Alvin Prior
Acres 33.25
Total appraised value $29.950.00
The owner has applied for a patent in fee covering subject allotment.
WMShenkel/gs 570910
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0236-0236
HEL-010-0236-0261
MATHIS, G W PAO BR OF REALTY
571009
CORRESPONDENCE
LEMERY, L PAO DIDDOCK, J L
Realty
Portland Area Office Post Office Box 4097 Portland S. Oregon
571009
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal report, dated 570423, covering the property of Alvin Prior,
portion of Quinault Allotment No. 2132, consisting of approximately
33.25 acres, has been approved in the fair market value of $29,950.00,
subject to the terms and conditions of the existing timber removal
contract.
The appraisal report can be used in preparation of the letter to the
patentee in accordance with the procedure and instructions outlined in
Office Memorandum, dated 570215, and letter, dated 570524, from the Area
Director to all Superintendents concerning the existing policy on patent
in fee appraisals.
One copy of the approved appraisal report is returned for the Agency
files and should not be given to the landowner.
Sincerely yours,
L. LEMERY for J. L. Diddock Area Realty Officer
Enclosure WMShenkel/gs
570910 cc: Branch subject Branch chrony Yellow chrony
HEL-010-0237-0237
HEL-010-0236-0261
RINGEY, C W W WASH AGENCY
560808
CORRESPONDENCE
DIDDOCK, J L BIA PORTLAND
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
560808
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Timber cruise and appraisal report, dated 560423, covering the Alvin
Prior property, Quinault Allotment No. 2132, consisting of 40 acres, has
been approved in the adjusted total fair market value of $14,300.00 for
the subject lands and merchantable timber thereon. There is no apparent
justification by the appraiser for rounding the total appraised
valuation from $14,282.00 to $14,000.00 in the subject report. On the
contrary, the total valuation is adjusted upward in view of minor errors
in the report such as showing 4 MEM of White Pine in the cruise and 3
MEM in the valuation summary.
Review memorandum, dated 000808, is attached to each copy of the
approved report which is returned herewith in duplicate.
It is noted that the Summary of State Sales contained in the report
was subsequently revised to eliminate minor errors therein,
Your letter of transmittal, dated 000522, did not indicate if the
owners are requesting a supervised sale or a patent in fee, however, the
appraiser stated in the report that a patent in fee would be requested
and it is presumed he was to advised by the Agency.
Sincerely yours,
for D. H. Bruce
Areas Realty Officer
Enclosures
HMZiegler/cl
560808
cc: Branch subject Branch chrony Yellow chrony
Form 5-110a
APPRAISAL REPORT
Area: Portland
Agency: Western Washington P. O. Box 793
Property of: Alvin Prior
Allotment No. 2132 (portion)
Address: South Bend, Washington
Purpose of Appraisal: To determine the fair market value of fee
title, subject to the terms and conditions of the existing timber
removal contract.
Legal Description: Government Lot 5, Section 1
State: Wash.
County: Grays Harbor
Range: 12 West
Township: 23 North W B&M
No. Acres: 33.25
Type & Character: Forest Land
APPRAISED VALUATION AS OF 570423
FAIR MARKET VALUE $29.950.00
I certify that I have carefully examined the above described premises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intended future interest therein.
Date 570423 Appraiser Albert Lyford
Date 571009
Approved for use in preparing Pat. In Fee letter.
Name /s/ G.W.M.
Title Chief Appraiser
5-110a PROPERTY OF: Alvin Prior
Allotment No. 2132(portion)
INDEX
This report contains the standard number of ten pages (From 5-110a)
plus a vicinity map as page 11.
5-110a PROPERTY OF: Alvin Prior
Allotment No. 2132(portion)
INSPECTION OF PROPERTY:
This property was inspected during the third week of 570400 and was
covered on the basis of a 205, 4 run, 66 foot strip system. The Cedar
was cruised to a minumum diameter of 15 inches and the other species to
a minumum diameter of 10 inches. Diameters are inside the bark breast
high with allowance made for abnormal butt taper.
LOCATION: NEIGHBORHOOD ANALYSIS:
This property is located about 1 3/4 miles North of Highway 101 at
which point the distance to Hoquiam is about 54 miles. It is within 1
mile or a logging road, about Southeast of the property.
ADAPTABILITY: CHARACTER AND TOPOGRAPHY:
The land will be best suited for conversion into Forest Products
after which it will be best adapted for forest regrowth.
The topography is favorable for cat logging. The drainage flows to
the West.
PROPERTY OF: Alvin Prior
Allotment No. 2132 (portion)
DETAIL DESCRIPTION OF LAND:
TIMBER ESTIMATES
"Table not Keyed, See Original"
The Cedar is of exceptional quality, with the volume concentrated in
the large, tall and very clean boled trees, and having very little rot.
The Hemlock is below average in quality, with the volume being
equally distributed between the small and medium sized trees.
The Old Growth Fir is of exceptional quality, with all the volume in
large, tall and very clean boled trees, and practically no rot.
The minor species of White Fir and Spruce, which comprise a very
small amount of the total volume are below average in quality, due to
most of the trees being small and medium sized.
PROPERTY OF: Alvin Prior
Allotment No. 2132 (portion)
DETAILED DESCRIPTION OF IMPROVEMENTS:
There are no improvements on this property.
PROPERTY OF: Alvin Prior
Allotment No. 2132 (portion)
MARKET DATA COMPARISONS AND ANALYSIS:
This property is a part of the Crane Creek Unit which is under
contract to Rayonier Incorporated. This contract was entered into in
490900 and terminates on 820401. The stumpage rates are based on a
percentage of the current log prices and are computed quarter annually.
The rates as established for the 1st. quarter 570000 are as follows:
"Table not Keyed, See Original"
Assuming that the land value in 820000, the year in which the
contract with Rayonier Incorporated expires, remains the same as the
present day value of $10.00 per acre, the discounted present day value
(taking into account insects, fire, uninsurable risks, etc.) would be
negative. Therefore, in the opinion of the appraiser, a present day
fair market discounted value of the land only at $10.00 per acre is
considered fair compensation to the allottee.
PROPERTY OF: Alvin Prior
Allotment No. 2132 (portion)
CAPITALIZATION OF INCOME ANALYSIS:
The following timber estimates applied to the 1st, quarter 570000
contract rates reflect the present value of the timber on the subject
property.
"Table not Keyed, See Original"
PROPERTY OF: Alvin Prior
Allotment No. 2132(portion)
SUMMARY OF LAND VALUES
"Table not Keyed, See Original"
SUMMARY OF IMPROVEMENT VALUES.
"Table not Keyed, See Original"
PROPERTY OF: Alvin Prior
Allotment No. 2132(portion)
CORRELATION OF METHODS: SUMMARY CONCLUSIONS:
In view of the foregoing factors it is felt that no further comments
are necessary.
PROPERTY OF: Alvin Prior
Allotment No. 2132 (portion)
"TRACT MAP Not Keyed, See Original"
"VICINITY MAP not Keyed, See Original"
HEL-010-0238-0249
HEL-010-0236-0261
RINGEY, C W W WASH AGENCY
560522
CORRESPONDENCE
SUPT W WASH AGENCY
Realty S-323
Field Service Western Washington Agency P.O. Box 915 Everett,
Washington
560522
Mr. Don C. Foster Area Director Portland Area Office
ATTENTION: Realty Section
Dear Mr. Foster:
There is attached in triplicate an Appraisal Report prepared by
Willis A. Shull on the allotment of Alvin Prior, Quinault 2132.
Computations have not been examined. The matter of what to do with
pending Appraisal Reports was not discussed at the Seattle Appraisal
Conference, 000521, and in the absence of any instructions on this point
submit the appraisal for consideration in its present form.
If the Area Office intends to reinstruct Mr. Shull on the preparation
of Appraisal Reports, we should like being given a copy of the letter to
Mr. Shull. If it is preferred that this office attempt to acquaint Mr.
Shull with the new requirements, we will undertake this assignment
prompty upon requests.
Very truly yours,
Superintendent
RHHUTCHINSON:js
Form 5-110a
Encl: 1 (trip)
APPRAISAL REPORT
Area: Portland
Agency: Western Washington
Property of: Alvin Prior
Address: South Bend, Wash.
Quinault Allot. No. 2132
Purpose of Appraisal: To determine the fair market value of fee
title.
Legal Description: SW 1/4 NW 1/4 Sec. 23, T.23N., R.13 W.W.M.
State: Wash.
County: Grays Harbor
Range: 13 West
Township: 23 North B&M
No. Acres: 40 m/1
Type & Character: See attached report
APPRAISED VALUATION AS OF 560423
FAIR MARKET VALUE $14,300.00
I certify that I have carefully examined the above described premises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intended future interest therein.
Appraiser
Timber cruise and appraisal report of Willis A. Shull attached hereto
APPROVED: 560808
Herbert M. Ziegler
Title: Reviewing Appraiser
560808
REVIEW MEMORANDUM
Subject: Timber cruise and appraisal report covering the property of
Alvin Prior, Allotment No. 2132, consisting of 40 acres within the
Quinault Reservation, Grays Harbor County, Washington.
Timber sales data included in the timber cruise and appraisal report,
dated 560423, prepared by contract cruiser appraiser, Willis A. Shull,
for the present owners of the above identified lands, indicates that the
total appraised valuation of the subject lands and merchantable timber
thereon may be lower than justified by the supporting information.
There is considerable difference of opinion among timber cruiser
appraisers as to the proper interpretation and application of the
current log and stumpage values disclosed by recent sales of timber in
western Washington.
It is generally agreed that log sale prices as published by the
Pacific Northwest Loggers Association less the estimated logging costs
offers scant assistance in arriving at a realistic stumpage value. In
the subject cruise and appraisal report, the appraiser explores the log
market or "income" approach to value and then discards this approach,
which is used extensively by many contract cruiser appraisers and State
and Federal Agencies, as unreliable and misleading in arriving at
current fair market value.
Information concerning recent bid prices received by the State of
Washington for timber only by species is included in the report,
however, the appraiser departs from the average sales price without an
adequate explanation therefor other than his unsupported opinion and
experience as a cruiser appraiser.
The comparable sales approach to value was discussed many times with
the cruiser appraiser at the Area office and the subject report together
with similar reports covering forest lands on the Quinault Reservation
were revised and subsequently re submitted. This preferred approach to
value was again discussed with the cruiser appraiser at the Area office
on 000428. As a result of this conference the appraiser was again
requested to use specific recent sales of comparable land and timber for
comparison purposes in arriving at present fair market value.
In view of the foregoing explanation, it is recommended that the
subject appraisal be approved in the adjusted total fair market value of
$14,300.00 as being within a reasonable range of fair market value based
on the most reliable information available to this office.
Herbert M. Ziegler
Reviewing Appraiser
HMZiegler/cl
560808
QUINAULT RESERVATION ALOTMENT NO. 2132 PROPERTY OF
Western Washington Agency Alvin Prior South Bend, Washington
PURPOSE OF APPRAISAL:
Valuation of trust property to accompany an application for a fee
patent.
LEGAL DESCRIPTION:
Southeast quarter of the northwest quarter, of section twenty three,
township twenty three north, and range thirteen west, of the Willamette
Meridian.
(SW 1/4 NW 1/4 Sec., 23, T 23N., R., 12 W.W.M.)
All in Grays Harbor County, Washington. No. of acres, forty (40).
Type & Character: Timbered Lands.
APPRAISED VALUATION AS OF 560423 Fair Market Value $14,000.00
I certify that I have carefully examined the above described premises
and the amount indicated represents my best unbiased judgement as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intended future interest therein.
560423
Sgd Willis A. Skull
Willis A. Skull, Appraiser
Approved 560808
/s/ Herbert M. Ziegler
Reviewing Appraiser
Allotment No. 2132 Quinault Reservation
Alvin Prior 560423
Inspection of Property:
After identification of the property from the controlling legal
corners; necessary boundary lines were run by compass. Then four lines
were run by compass through the forty, five chains apart, Forty
one-fifth acre sample plots were examined for timber volume. Topography
and soil types were noted at the same time.
Location: Neighborhood Analysis.
The tract is located in the northwestern part of the Quinault
Reservation, one and one-half miles east of the Coast Road, which runs
between Cape Elizabeth and Highway We., 101, and also, the same distance
east from the Pacific Ocean.
The tract in seven miles south of Queets Village, the nearest
community, with no habitation, or improved land, between. The only
route to Hoquim, the nearest railhead, would be over the above mentioned
highways, and one and one half miles of new construction. A total of
sixty nine and one half miles.
The tract is part of a virgin forest, with no development of any
kind.
Adaptability:
The tract is forty acres of average forest, for this district. It is
overmature, but of average quality.
The soil is the gravelly clay, common to the region, and best
suitable for growing of timber.
The tract is well drained, except the extreme south west corner,
which is part of a brush covered swamp. This is only a small part of
the tract, about six acres. It all carries a stand of merchantable
timber. There are no streams. The west side of the is the lowest, two
hundred feet above sea level, and slopes gently to the east, to a
maximum elevation of about three hundred feet.
There are no rock or gravel outcroppings.
There are no improvements on the land.
The tract has always been trust property, and there has never been a
tax assessment.
Allotment No. 2132
Quinnult Reservation
Alvin Prior 560423
Bare Land Values:
There have been very few bare land sales of this type for comparison,
but the Indian Service has made two, as follows;
One at $15.00 for bare land of comparable quality, but several miles
nearer to settled communities.
One sale at $35.00, on a state highway, and covered with excellent
reproduction.
The value given to Allotment No. 2132, is approximately the value
which it would be given by the Washington State Tax Commission.
BARE LAND VALUE, 40 acres at $10.00 $400.00
ESTIMATE OF MERCHANTABLE TIMBER
Cruise Specifications:
20% cruise by 1/5 acre simple plots
Minimum DBH 12"
Top Diameter Merchantable
Merchantability 33 1/3%
Defect and Breakage Reductions:
Cedar 35% Dead Cedar 50% Dead Cedar 50%
Hemlock, White Fir, Spruce, W. Pine 10%
"Table not Keyed, See Original"
Logging Conditions:
Terrain: level or gently sloping, No rock. No streams.
Roads: can be built as wanted, except SW corner of tract.
Tract can be tractor logged in good weather.
Estimate of Logging Costs: Falling and bucking $6.00
Yarding and Loading 7.50
Construction 2.50
Overhead and Supervision 2.50
Profit and Risk 2.00
Transportation 12.40
Total $32.90
Allotment No. 2132 Quinault Reservation
Alvin Prior 560423
Market Values:
Log market values used in estimating values for this tract, reflect
the recent interest in cedar lumber logs, and a weakening in the demand
for low grade shingle logs. They are very close to the PINA averages.
Log Market Values:
"Table not Keyed, See Original"
Comments:
This is an average tract of cedar for this district, slightly below
average grade. It cannot stand the total development costs necessary
and will be worth the above price only to some one with other holdings,
or after roads have been developed.
Willis A. Ghull, Appraiser.
SUMMARY OF STATE SALES WESTERN JEFFERSON COUNTY, WASHINGTON 550400 to
560200
"Table not Keyed, See Original"
Note: The "no bid" offering are in no way included in the totals.
The total average prices are based on the weighted averages by extending
total dollars values for each sale by species.
SUMMARY OF ABOVE
"Table not Keyed, See Original"
Special note should be taken of the progressive rise of appraised
prices by species from 550400 to 560200. These increases were made to
follow the bid prices and do not reflect the value of stumpage based on
log value. The cedar, above indicated appraised price average are high
by all species as far as value reflected by log market are concerned. A
more realistic appraised value of the above timber would be about $20.00
for Cedar, $11,00 for Hemlock, and about $25.00 for Spruce.
Further note should be taken of the "no bid" offerings which
predominated heavily to Cedar. This indicates that the Cedar is
appraised too high as well as the lower demand for this Species over
Hemlock, and Spruce, particulary when it is strongly in predominance.
In conclusion it is estimated that the fair market value of timber in
this district lies somewhere between the appraised prices and the bid,
or prices paid by the industry. The price level selected for the
foregoing appraisal is based primarily on the grade, composition and the
accessibility of the timber, using the above sales data as an index.
SUMMARY OF INDIAN SERVICE SALES QUINAULT RESERVATION 550000
"Table not Keyed, See Original"
The above were lump sum bids, of about 2 1/2 times the appraisal for
predominanty heavy Hemlock stands.
One private sale, as follows:
Hemlock $12.50 Spruce $15.00 Cedar $15.00
Stand composition: mostly Hemlock, about 25MBM per acre Location
about the same log haul for stump to water, an this appraisal. About
the same grade expectation.
SALES RECAPITULATION
"Table not Keyed, See Original"
States Sales- several miles from Allotment No. 2132 where grade
realization is much higher. Main species: Hemlock. Indian Service
several miles from Allotment No. 2132 where grade realization is
naturally higher. Main species - Hemlock. Private sale: Comparable to
Allotment No. 2132 as to logging costs, and haul is shorter, and
construction costs less. Main species: Hemlock. Allotment No. 2132 #
Main species is low grade cedar, when the Hemlock types are biding the
premium price. Isolated by heavy construction costs, unless the
district is opened up for other timber.
This tract could not assume all the construction costs to make a
logging job by itself. However it is believed that there will be
considerable timber mold in the vicinity, in the near future, and the
cost of roads has been prorated on that basis
In view of the recent stumpage sales accord, it is obvious, that the
timber operators are foregoing their chances of a logging profit, in
order to secure timber for their sawmills. This margin has been
eliminated in setting the price level for allotment No. 2132.
Allotment No. 2132
Quinault Reservation
Alvin Prior
560423
"Allotment Grid not Keyed, See Original"
Proximity Map Quinault Reservation Washington
"Map not Keyed, See Original"
HEL-010-0250-0261
HEL-010-0236-0261
FOSTER, D C BR OF REALTY
580403
CORRESPONDENCE
HILL, C E US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
File No. 78902 3986-58 B.I.A.
Allotment No. Q. 1336
Western Washington Indian Agency
580414
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency Patent No.
1180820, issued 580402 in the name of Benjamin Arthur Reed, as Quinault
Indian, for N 1/2 SE 1/4, Sec. 31, T. 23 N., R. 12 W. Willamette
Meridian, Washington containing 80 acres.
Benjamin Arthur Reed Patentee
IN REPLY REFER TO:
Realty Requirements 3986-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580403
Superintendent Western Washington Agency
Fee patent numbered 1180820 issued 580402 to Benjamin Arthur Reed
Quinault allottee numbered 1336 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours
C. E. Hill
Special Assistant, Requirements
Enclosures cc: Area Director, Portland Form 5-067 570400
HEL-010-0262-0264
HEL-010-0262-0275
SUPT W WASH AGENCY
580313
CORRESPONDENCE
SKARRA, P E PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Benjamin Arthur Reed, allottee, for a patent in
fee for land embraced in his Quinault allotment No. 1336, pursuant to
authority delegated by Secretarial Order No. 2508 of 490111 (14 F. R.
258), and Order No. 551 of the Commissioner, Bureau of Indian Affairs,
dated 510329 (16 F.R. 2939), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
N 1/2 SE 1/4, Sec. 31, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Sincerely yours, Perry E. Skarra Assistant Area Director cc: Central
Office (BIA), w/encl.
HEL-010-0265-0265
HEL-010-0262-0275
DIR BUREAU OF LAND MGT
580311
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty
Acq. & Disp.
REED, Benjamin A.
Q. 1336
Western Washington Indian Agency 1620 Hewitt Avenue
Everett, Washington
580311
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is enclosed in duplicate an application executed by Benjamin
Arthur Reed, Quinault allottee No. 1336, for a patent in fee. Mr. Reed
has furnished three business references who agree he is a capable and
reliable individual. He is considered a competent worker, a loyal
trustworthy person and a good provider for his family.
Accompanying the application is a land status report in duplicate.
Also there are enclosed two copies of a letter to the patentee, an
approved inventory report and letter to the Bureau of Land Management.
It is recommended that a patent in fee be issued to the allottee.
Sincerely yours, Acting Superintendent
Enclosures
HEL-010-0266-0266
HEL-010-0262-0275
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
000000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq, & Disp. REED, Benjamin Q. 1336 - 312(1)
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Certified Mail Return Receipt Requested
Mr. Benjamin Arthur Reed 4128 Tamerock Drive Seattle 8, Washington
Dear Mr. Reed:
Pursuant to your request and predicated upon the finding of your
being competent to prudently conduct business transactions involving
your trust property, there is respectfully presented a patent in fee to
property legally described as:
N 1/2 SE 1/4, Sec. 31, T. 23 N., R. 12 W., Willamette Meridian,
Washington containing 80 acres.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, a cursory inspection was made of your property
on 580218 by our staff technicians and they report that subject tract is
located approximately 60 miles north of Hoquiam, Washington. It is not
accessible by road. The nearest road is U. S. Highway 101, six miles to
the north.
This property is all timberland and is best suited for the production
of timber and/or timber products.
An analysis of sales of similar property having comparable quality of
timber and accessibility similar to the subject tract have an estimated
value of $39,000 to $43,000, dependent upon marketing conditions at the
time of sale.
This information is offered to you only as a guide and is not to be
construed as a thoroughly reliable indication of the present fair market
value of your property. The determination of your competency affords
assurance that if at some future date you consider the sale or
encumbrance of this property, you will secure a detailed appraisal by
recognized authorities in the field of evaluation. It will be to your
advantage to record this fee patent with the Recorder, Grays Harbor
County Court House, Montesano, Washington. You are cordially urged to
follow these dictates of prudent judgment in your dealings concerning
this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure
cc: Portland Area Office 2
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Allottee
Benjamin Arthur Ree No. 1336
Reservation Quinault
571104
Application is hereby made for (patent in fee)### for the following
described land: N 1/2 SE 1/4, Sec. 31, T. 23 N., R. 12 W.W.W.
Washington 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 40
2. Date of Birth 270325
3. Degree of Indian Blood 1/4
4. Married
5. Education: Years in elementary school 8th High School 0 College
0
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Lucille Reed. 40 Yrs. wife.
Mary Lou. Dau. 11 yrs., Karen Reed, dau. 9 yrs. Sherrian Dau. 9 yrs.
Benjamin Jr. 7 yrs., Carol Ann, Dau. 4 yrs., Timothy, son, 2 yrs.
7. I am enrolled as a Quinault Indian
8. Permanent address 4128 Tamerack Drive, Seattle. 8. Washington
9. The amount of my annual income is $4,500.00
EXHIBIT No. 8
10. My income is obtained from the following sources: 3 acres
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 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 $ 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:
To sell the timber. b. I intend to use the proceeds of sale for the
following purposes:
Construct a home
Start a business
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.
Form No. 5-105 (3)
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.
Benjamin Arthur Reed
Subcribed and sworn before me this 571104. I hereby certify that the
effect of this application was explained to and fully understood by the
applicants.
Clyde E Wren Title Real Property Assistant.
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388), as amended by the Act
of 110304 (36 Stat. 1345), trust patent No. 1015302 dated 280423 was
issued to Benjamin Arthur Reed, Quinault allottee No. 1336, for lands
described as N 1/2 SE 1/4, Sec. 31, T. 23 N., R. 12 W., Willamette
Meridian, Washington, containing 80 acres, more or less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of this allotment.
This allotment is not within a government irrigation project.
The allottee is living.
There are no records of indebtedness to the United States or the
Quinault Tribe against the land, or allottee.
The allottee owns this allotment in its entirety.
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Agency.
Clyde E. Wren Real Property Assistant
580303
HEL-010-0267-0272
HEL-010-0262-0275
REED, B A
580227
CORRESPONDENCE
CLARK, D W SHENKEL, W M
580227
C. W. Ringey, Superintendent
Don W. Clark, Assistant Forest Manager
Inspection and Inventory of the property of Benjamin Arthur Reed
Quinault Allotment No. 1136, described as N 1/2 SE 1/4 Sec. 31, T. 23
N., R. 12 W., Willamette Meridian, containing 80 acres, more or less.
A cursory inspection of this property was made 580218.
The tract is located approximately 60 miles north of Hoquiam,
Washington. At the present time, the allotment is not accessible by
road. The nearest public road is U.S. Highway 101, six miles to the
north.
This property is all timberland, and is best suited for the
production of timber and/or timber products.
An analysis of sales of similar property having comparable quality of
timber and accessibility, indicate that the subject tract would have an
estimated value of $39,000 to $43,000, dependent upon marketing
conditions at the time of sale.
This information is offered as a guide, and is not to be construed as
a throughly reliable indication of the present fair market value of the
property.
Don W. Clark, Appraiser
Reviewed 580304
William M. Shenkel
Reviewing Appraiser
HEL-010-0273-0273
HEL-010-0262-0275
RINGEY, C W
580305
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580305
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Memorandum valuation report, dated 580227, covering the property of
Benjamin Arthur Reed, Quinault Allotment No. 1336, consisting of 80
acres, has been reviewed.
The information contained therein appears sufficient to assist
materially in the preparation of the letter to the recipient of the
patent in fee in accordance with the procedures and instructions
outlined in Office Memorandum, dated 570215, and letter, dated 570524,
from the Area Director to all Superintendents concerning the existing
policy on patent in fee appraisals.
If the owner has applied for title aciton other than patent in fee,
please advise this office in order that our records may be properly
maintained.
The subject report is enclosed in duplicate and should not be given
to the landowner.
Sincerely yours,
J. L. Diddock
Area Realty Officer
Enclosure
WMShenkel/gs 580503
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0274-0274
HEL-010-0262-0275
RINGEY, C W W WASH AGENCY
580227
CORRESPONDENCE
CLARK, D W
580227
C. W. Ringey, Superintendent
Don W. Clark, Assistant Forest Manager
Inspection and Inventory of the property of Benjamin Arthur Reed,
Quinault Allotment No. 1336 described as N 1/2 SE 1/4 Sec. 31, T. 23 N.,
R. 12 W., Willamette Meridian, containing 80 acres, more or less.
A cursory inspection of this property was made 580218.
The tract is located approximately 60 miles north of Hoquiam,
Washington. At the present time, the allotment is not accessible by
road. The nearest public road is U. S. Highway 101, six miles to the
north.
This property is all timberland, and is best suited for the
production of timber and/or timber products.
An analysis of sales of similar property having comparable quality of
timber and accessibility, indicate that the subject tract would have an
estimated value of $39,000 to $43,000, dependent upon marketing
conditions at the time of sale.
This information is offered as a guide, and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
property.
Don W. Clark, Appraiser
Reviewed 580304
William M. Shenkel
Reviewing Appraiser
HEL-010-0275-0275
HEL-010-0262-0275
RINGEY, C W W WASH AGENCY
580408
CORRESPONDENCE
HILL, C E US DOI BIA DC
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 Mails and Files Division.
RECEIPT FOR PATENT
Allotment No. 1433
File No. 78990 4525-58 B.I.A. 1433 Quinaiet
Western Washington Agency
580423
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee)
Patent No. 1180964, issued 580407 in the name of Esses Logging Company,
an Indian, for Lots 11 and 12, Sec. 3. T. 23 N., R. 12 W., Willamette
Meridian, Wash. (50% reservation of all minerals, including oil and
gas) 80 acres.
Esses Logging Company Patentee. Acq. & Disp.
IN REPLY REFER TO: Realty Requirements 4525-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580408
Superintendent
Western Washington Agency
Fee patent numbered 1180964 issued 580407 to Esses Logging Company,
purchaser of land included in the allotment of Daisy Eastman Williams.
Quinaielt allottee numbered 1433 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0276-0278
HEL-010-0276-0282
SUPT W WASH AGENCY
580324
CORRESPONDENCE
HOLM, M N B PAO
Realty 310(2)
Portland Area Office Post Office Box 4097 Portland 8, Oregon 580324
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The sale of land described as Lots 11 and 12, sec. 3, T. 23 N., R. 12
W., Willamette Meridian, Washington, containing 80.00 acres, more or
less, included in the allotment of Daisy Eastman Williams, Quinaielt
allottee No. 1433, is hereby approved pursuant to authority delegated by
Secretarial Order No. 2508 of 490111 (14 F. R. 258), and Order No. 551
of the Commissioner, Bureau of Indian Affairs, dated 510329 (16 F. R.
2939).
It is requested that a patent in fee be issued to the Esses Logging
Company, the purchaser, for the above described land, provided there are
no reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
It is also requested that the patent contain the following provision:
50% of all minerals, including oil and gas, are hereby reserved, in
trust, by the grantors.
Sincerely yours,
Martin N.B. Holms
Acting Area Director
cc: Central Office (BIA),w/encl. cc: Western Washington Agency (2)
HEL-010-0279-0279
HEL-010-0276-0282
DIR BUREAU OF LAND MGT COMM BIA
580200
CORRESPONDENCE
AREA DIR PAO
Realty 310(2)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580210
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Receipt is acknowledged of your letter of 000128 submitting documents
covering the sale of the Daisy Eastman Williams allotment, Quinaielt No.
1433, to the Esses Logging Company.
The documents have been reviewed and the sale approved.
The notice of award, Form 5-114, has been completed and the original
forwarded by certified mail, return receipt requested, to the Esses
Logging Company, Quinault, Washington, requesting remittance of the
balance of the purchase price in the amount of $40,500.00, plus $22.50
sale and conveyance fees, a total of $40,522.50.
A copy of Form 5-114 is enclosed for the records of the Western
Washington Agency.
The request for issuance of a patent is fee to the purchaser will be
transmitted to the Bureau of Land Management, Washington 25, D. C., upon
receipt by this office of a copy of the collection voucher showing
deposit of the balance due.
Sincerely yours,
Acting Area Director
Enclosure
cc: Cetral Office (BIA)
HEL-010-0280-0280
HEL-010-0276-0282
RINGEY, C W W WASH AGENCY
580321
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
IN REPLY REFER TO:
Realty Acq. & Disp. EASTMAN, Daisy Q. 1433
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett, Washington
580321
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty Section
Dear Mr. Foster:
As requested in your letter dated 580210 attached is copy of
Collection Voucher showing where the Esses Logging Company of Quinsult,
Washington, deposited the balance of the purchase price and sales
conveyance fees in connection with the sale of the Daisy Eastman
allotment, Quinault No. 1433.
In reviewing our copy of form 5-114, Invitation, Bid and Award, we
note that they had until 000312 in which to make this deposit. When
opening our bids for the 000320 Sale, we discovered this envelope with
the deposit in it. We note that this deposit was received by this
office on 580310, before the deadline of 000312. Therefore, we
recommend that a patent in fee be issued to the Esses Logging Company
for the purchase of this allotment.
Sincerely yours,
(Sgd) C. W. Ringey, Superintendent
Enclosure
Form No. 5-110n 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Report on Sale of Indian Land
Name of Allottee Daisy Eastman Williams No. 1433 Quinault Reservation
Item No. 65 Invitation to Bid No. 331 Appraised Value $28,200.00 Name of
Highest Bidder Esses Logging Company Amount Deposited with Highest Bid
$4,500.00 Names and amount of Bids received on subject tract: Esses
Logging Company $45,000.00
It is recommended that the highest bid be accepted and that the
(request for patent in fee) be approved.
F.F. DuBray Real Property Officer
HEL-010-0281-0282
HEL-010-0276-0282
FOSTER, D C DOI BIA PORTLAND
580128
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. Eastman, Daisy Q. 1433
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580128
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There are enclosed the following instruments in connection with the
sale of the Daisy Eastman Williams allotment, Q. 1433, which was offered
as Item No. 65 on Sales Invitation No. 331 opened 571227. The documents
are in duplicate unless otherwise noted.
Application for sale
Land Status Report
Abstract of Probates
Invitation, Bid and Award
Report on Sale of Indian Land
Appraisal report (1 copy)
Letter to the Bureau of Land Management
This sale is recommended for approval since the bid exceeds the fair
market value as determined by the appraisal report.
Since some of the heirs to this allotment are minors and a legal
guardian has not been appointed, we are requesting that a fee patent be
issued. The minors' interests will be deposited in their IIM account
until a legal guardian has been appointed.
Sincerely yours,
Superintendent
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
Daisy Eastman
No. 1433
Reservation Quinault
560114
RESERVING 50% ON ALL OIL AND MINERAL RIGHTS.
Application is hereby made for (supervised sale) for the following
described land: Lot 11 and 12, Sec.3 T 23 N., R. 12, W., Willamette
Meridian, Washington 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 3
2. Date of Birth 540103
3. Degree of Indian Blood
4. Minor
5. Education: Years in elementary school none High School none
College none
6. The following persons are dependent upon me for support (Give
names, ages and relationship) none
7. I am enrolled as a quillayuete Indian (Name of Tribe)
8. P.O. Box 42, la Bush, Wash.
9. The amount of my annual income is $ none
Exhibit No. 8
10. My income is obtained from the following sources:
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.)
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.)
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 intended to use the proceeds of sale for the following purposes:
I (We)# 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 (3) 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.
Adele Martin Winton
Barbara Jean Winton, minor daughter, by Adele Martin Winton,
parential guardian
Susan C. Ward
Effie Marie Ward, minor daughter, by Susan C. Ward, parential
guardian
Charles Allen Ward, minor son, by Susan C. Ward, parential guardian
Rosita Ward, minor daughter, by Susan C. Ward, parential guardian
Subscribed and sworn before me this 570312 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants,
John H. Libby
Forest Manager
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) as amended by the Act of
110304 (36 Stat. 1345) trust patent No. 1015399, dated 280423, was
issued to Daisy Eastman Williams, Quinault allottee No. 1433, for lands
described as: Lots 11, 12, Sec. 3, T. 23 N., R. 12 W., Willamette
Meridian, containing 80 acres, more or less.
1. There have been subsequent transactions since issuance of above
patent, affecting acreage or ownership as follows:
A 60 foot right of way to the United States for U. S. Highway No. 101
crosses this allotment from NW to SE through Lot 11. Approved pursuant
to the Act of 010303, (31 Stat. L-1058-1084) by S. G. Hopkins, Assistant
Secretary, 180314, (No other records available).
2. There have been no other transactions affecting acreage or
ownership of allotment No. 1433.
3. This allotment is not within a government irrigation Project.
4. The land is in heirship status and an Abstract of Probates report
is attached.
5. There are no unpaid probate fee of record.
6. There is no record of indebtedness to the United States or the
Quinault Tribe against the land, allottee or the heirs.
7. As of this date, as evidenced by the attached Abstract of
Probates, the ownership of the land remaining in trust status is
described as: Lots 11, 12, Sec. 3, T. 23 N., R. 12 W., Willamette
Meridian, containing 80 acres, more or less, embraced within Quinault
allotment No. 1433, is as follows:
Adele Martin Winton an undivided 9/54 interest
Barbara Jean Winton an undivided 36/54 interest
Susan C. Ward an undivided 3/54 interest
Rosita Ward an undivided 2/54 interest
Effie Marie Ward an undivided 2/54 interest
Charles Allen Ward an undivided 2/54 interest
I hereby certify that the above data is complete and correct
according to the official records of the Western Washington Agency.
580114
Clyde E. Wren
Real Property Assistant
ABSTRACT OF PROBATES## Daisy Eastman Williams, Quinault No. 1433,
land described as: Lots 11 and 12, Section 3, Township 23 North, Range
12 West, Willamette Meridian, Washington, containing 80 acres.
"Table not Keyed, See Original"
I, the undersigned, do hereby certify that this is a true and correct
Abstract of all Probates on the above described estate according to all
records in this office.
Esther M. Kirstein, Clerk Steno
Western Washington Agency
Everett, Washington
580116
HEL-010-0283-0289
HEL-010-0283-0303
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
571009
CORRESPONDENCE
LEMERY, L PAO DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
571009
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal report, dated 570501, covering the property of Daisy
Eastman Williams, Quinault Allotment No. 1433, consisting of 80 acres,
has been approve in the air market value of $28,200.00.
It is noted from the letter of transmittal, dated 570514, that a
supervised sale of the subject allotment in contemplated.
Approved report in duplicate is enclosed.
Sincerely yours,
L. LEMERY
for J. L. Diddock
Area Realty Officer
Enclosure
WMShenkel/gs 571009
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0290-0290
HEL-010-0283-0303
RINGEY, C W W WASH AGENCY
571009
CORRESPONDENCE
SHENKEL, W M
Mr. George W. Mathis, Chief Appraiser
Portland Area Office
Realty Branch
Realty
571009
Attached is one copy of appraisal report, dated 570501, approved by
Mr. George W. Mathis during his visit to the Portland Area Office,
covering the property of Daisy Eastman Williams, Quinault Allotment No.
1433, consisting of 80 acres, in the appraised value of $28,200.00. The
owners have requested a supervised sale covering the subject allotment.
WMShenkel/gs
571009
cc: Branch subject
Branch chrony
Yellow chrony
HEL-010-0291-0291
HEL-010-0283-0303
MATHIS, G W PAO BR OF REALTY
570514
CORRESPONDENCE
HUTCHINSON, R H W WASH AGENCY
J. L. Diddock, Acting Area Realty Officer Portland Area Office
R. H. Hutchinson, Real Property Officer Western Washington Agency
Appraisal report, Daisy Eastman, Q. 1433
570514
An appraisal report in quadruplicate is attached. It was prepared by
Willis A. Shull. The appraisal has been examined for arithmetical error
and none of significance have been noted. It is recommended for
approval. A supervised sale is planned.
Real Property Officer
Attachments
APPRAISAL REPORT
Area: Portland
Agency: Western Washington
Property of: Daisy Eastman Williams Q. 1433
Address: C/O Adele Martin Winston Star Rte 1, Box 183, Shelton,
Washington Purpose of Appraisal: To determine the fair market value of
the fee simple title
Legal Description: Lots 11, and 12, Sec. 3, T. 23 N., R. 12 West
Willamette Meridian
State: Washington
County: Grays Harbor
No. Acres: 80.00
Type & Character: Timber & Cutover land, less R/W
APPRAISED VALUATION AS OF 570430
FAIR MARKET VALUE $28,200.00
I certify that I have carefully examined the above described premises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intended future interest therein.
570501
Willis A. Shull
Appraiser
APPROVED: 570810
George N. Mathis Chief Appraiser
PROPERTY OF: Daisy Eastman Williams
INDEX
PROPERTY OF: Daisy Eastman Williams
INSPECTION OF PROPERTY:
Inspected by Willis A. Shull on 570425, and 570426
LOCATION NEIGHBORHOOD ANALYSIS:
This appraisal is located in the northwestern part of the Quinault
Reservation.
It is cut by U.S. Highway No. 101 through the northeast corner of the
appraisal, fifty four miles from Hoquam, Washington, the nearest
railhead.
Eight acres has been logged in the south east corner of the
appraisal.
The balance of the appraisal is virgin timber land, of which twelve
acres does not carry any merchantable timber.
ADAPTABILITY CHARACTER AND TOPOGRAPHY:
This appraisal consists of 80 acres as on timber land, located on US
Highway No. 101. The timber is predominantly Cedar, of about average
grade for the district; mature to overnature in age; and more
defective than usual. The Hemlock is small in size, and low in grade.
The logged over area contains some standing commercial trees, and will
justify logging again. The logged over area has a good stand of young
reproduction, which is worth nothing as the area will be logged.
The appraisal is on the divide between the Quects and Salmon River
watershed, and is drained by two streams flowing northwest, into the two
rivers.
The appraisal lies at the 300' mark low and rises to the 350' mark at
the high elevation above sea level.
The soil is the common yellow clay of the region, with a gravel
mixture. There are no gravel or rock outcroppings.
PROPERTY OF: Daisy Eastman Williams
DETAIL DESCRIPTION OF LAND: (TIMBER)
Timber Cruise Specifications 20% cruise by 1/5 acre sample plots
Minimum D.B.H. 12" Top Diameter Merchantable Merchantability 33 1/3 %
Defect and Breakage Reductions
Cedar 35%
Dead Cedar 50%
Hemlock 10%
White Fir 10%
White Pine 10%
"Table not keyed, see Original"
Logging Conditions: Very favorable as to terrain. Could be tractor
logged in dry weather season.
Log size is small, and density is below average.
There will be no development costs as the tract is out by US 101.
Unusual items of cost will be the picking up of fringe timber around
the logged over area, and the isolated part of the tract north of
Highway 101.
Estimated logging expense $31.00.
PROPERTY OF: Daisy Eastman Williams DETAILED DESCRIPTION OF
IMPROVEMENTS:
No Improvements
PROPERTY OF: Daisy Eastman Williams
MARKET DATA COMPARISONS AND ANALYSIS: U.S.B.I.A. sales, land &
timber, Quinault Indian Reservation.
"Table not Keyed, See Original"
Bare Land Sale; SE 1/4 SE 1/4, Sec. 13, T. 2IN., Sale of 551207.
Leven P. Coe; Q. 695, sold to Aloha Lumber Company. Description;
Bare, burned, logged over ground of average site class. Location;
southwest part of the Quinault Reservation. Access; Seven miles from a
State Highway. Two miles private road, and five miles USBIA
administration road. Bids received: $201.00; $600.00. Sales price
per acre, $15.00. Note: Bare land sales are very scarce for comparison
purposes. This tract has poorer access than the appraised allotment,
but this comparison does represent a fairly average tract of timber land
of the same type.
PROPERTY OF: Daisy Eastman Williams
CAPITALIZATION OF INCOME ANALYSIS:
Log market prices are taken from averages of recent sales of logs on
Grays Harbor and Puget Sound, adjusted to the nearest $0.50. "Table not
Keyed, See Original"
Standard conversion to stumapge values; log market values less
estimated logging cost of $31.00.
"Table not Keyed, See Original".
PROPERTY OF: Daisy Eastman Williams
SUMMARY OF LAND VALUES "Tables not Keyed, See Original"
SUMMARY OF IMPROVEMENT VALUES #
"Table not Keyed, See Original"
ASSESSED VALUE
"Table not Keyed, See Original"
PROPERTY OF: Daisy Eastman Williams
CORRELATION OF METHODS SUMMARY CONCLUSIONS:
The two comparison sales, Q 2110, and Q. 2050 are very similar to the
tract considered here for appraisal, and are a fair representation of
the present market value for this type of timber lands. Comparison with
the above allotments as follows.
Access Very Good
Composition Approximately the same.
Grade Better than the comparisons for the Cedar.
Density Approximately the same.
Development The cost will be less for this tract.
Due to the depressed market for Cedar and the competitive interest
show for the pulping species, the conversion prices taken from the log
market values do not reflect the market values at this time and were not
used in setting the stumpage values for this tract.
Taking into consideration, the better grade of timber, the lower
development cost, and the two mile shorter haul to Hoquiam, the values
set for the timber on this tract are as follows:
"Tabled not Keyed, See Original"
Based on the comparison value of $15.00 per acre for average site
quality timber land; on the Quinault Reservation, fifteen miles south
of this tract, in a less accessible location, bare land value is set at:
PROPERTY OF: Daisy E. Williams
TRACT MAP not Keyed, See Original"
Daisy Eastman Williams
NORTH WEST PORTION QUINAULT INDIAN RESERVATION Washington
"Map not Keyed, See Original"
HEL-010-0292-0303
HEL-010-0283-0303
DIDDOCK, J L PAO
580804
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mails and Files Division. RECEIPT FOR PATENT
Allotment No. Q. 1902
File No. 79075 4916-58 B.I.A.
Western Washington Agency
580519
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee)
Patent No. 1181333, issued 580417 in the name of Elmer Sidney Jensen, an
Quinault Indian, for E 1/2 SE 1/4, Sec. 22, T. 21 N., R. 12 W.,
Willamette Meridan, Washington containing 80.00 acres.
Elmer Sidney Jensen Patentee
IN REPLY REFER TO:
Realty 312 (1)
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett, Washington
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
580804
Dear Sir:
The original receipts for the fee patents issued the following
allotments are attached for your records as requested: ...Quinault No.
1902, Klmer S. Jensen ................................. . Quinault No.
2127, Estel Prior ........................................ . Quinault
No. 1335, Albert Hugh Reed ................................... .
Quinault No. 1418, Sarah Ida Ward Woodruff ............................
.
Sincerely yours,
M. F. Schwartz
ACTING Superintendent Area Director, Portland, Oregon
Enclosures
HEL-010-0304-0300
HEL-010-0304-0309
COMM DOI BIA
580418
CORRESPONDENCE
HILL, C E US DOI BIA DC
IN REPLY REFER TO:
Realty Requirements 4916-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D. C.
580418
Superintendent
Western Washington Agency
Fee patent numbered 1181333 issued 580417 to Elmer Sidney Jensen
Quinault allottee numbered 1902 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill, Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0307-0307
HEL-010-0304-0309
SUPT W WASH AGENCY
580404
CORRESPONDENCE
AREA DIR PAO
Realty 312(1)
PORTLAND AREA OFFICE POST OFFICE BOX 4097 PORTLAND 8, OREGON
580404
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir,
The application of Elmer Sidney Jensen, allottee, for a patent in fee
for land embraced in his Quinault allotment No. 1902, pursuant to
arthority delegated by Secretariel Order No. 2508 of 490111 (14 F. R.
258), and Order No. 551 of the Commissioner, Bureau of Indian Affairs,
dated 510329 (16 F. R. 2939), has been approved.
It is requested that a patent in fee be issued to the above name
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued; E 1/2 SE 1/4, Sec. E2, Twp. 21 N., 12
W., W. M. Washington, containing 80 acres.
Sincerely yours,
Sgd D.C. Foster
Area Director
cc:Central Office (BIA), w/encl.
BRANCH OF REALTY RECEIVED: 580407
RE 2227
BUREAU OF INDIAN AFFAIRS Washington, D.C.
HEL-010-0308-0309
HEL-010-0304-0309
DIR BUREAU OF LAND MGT
580306
CORRESPONDENCE
DUBRAY, F F W WASH INDIAN AGENCY
580603
J. L. Diddock, Area Realty Officer Portland Area Office
F. F. DuBray, Real Property Officer Western Washington Indian Agency
Applications for fee patents on Quinault Nos. 1902, 1903, and 1905
(Elmer Sidney Jensen, Jesse Lawrence Jensen and Martha Maxine Jensen)
We have made a diligent search for a road right of way which might
have been granted crossing the above allotments. We are unable to find
any record where a road right of way was granted.
There is attached a copy of a memorandum from Mr. John W. Libby,
Forest Manager, Hoquiam, Washington, stating that there is no right of
way of record to his knowledge crossing the above allotments. Also, in
his memorandum he states that none of the above allotments are presently
under a timber contract.
F. F. DuBray Real Property Officer
Attachment
580104 Records of Branch of Roads, Portland Area Office, show this
road as Indian Service road No. S-2 on the approved Indian Service
Quinaielt Indian Reservation road system.
The road traverses allotments 300000 and 500000. It does not affect
the allotment of Elmer Sidney Jensen, allotment No. 1902.
Branch of Realty PAO
HEL-010-0310-0310
HEL-010-0310-0322
DIDDOCK, J L DOI BIA PORTLAND
580303
CORRESPONDENCE
LIBBY, J W W WASH AGENCY
C O P Y
580303
Realty Western Wash. Agency
John W. Libby, Forest Manager
Logging Road crossing Jensen allotments
The logging road mentioned in your memo of 000227 crosses two of the
allotments listed, namely the Jessie L. Jensen allotment No. 1903 and
the Martha M. Jensen allotment No. 1905. This road is a main logging
road which crosses the cut over lands south of the Quinault River from
north to south. It is a main access road for a large part of the
reservation, and is one which should be under our control.
Some time ago, I undertook to secure a right of way over this road.
This was in 530000. I secured signed Statements of Owners from a
considerable number of the allottees including Martha M. Jensen McCanon
who signed as Martha J. Stoney. Her address at that time was 1510 South
51st, Tacoma 8, Washington. I did not secure one from Jessie L. Jensen.
The Elmer Jensen allotment lies west of the road and is not involved.
The Statement of Owners which I have on file here states as follows:
This is an existing road. It is desired to secure right of way to
provide for permanent access for fire protection and Administrative
purposes.
I believe you have a Fee Patent application from Roy Amelis,
Allotment No. 2319. His allotment is also crossed by this road. We
have a signed Statement of Owners from Mr. Amelia, with the same
stipulation as quoted above.
In my opinion, right of way over this road should be reserved in
connection with any Fee Patents granted for allotments crossed by it.
For your information, I am enclosing a list of the allotments crossed by
this road.
None of the Jensen allotments are under timber contract.
s/ John W. Libby
John W. Libby Forest Manager,
C O P Y
HEL-010-0311-0311
HEL-010-0310-0322
W WASH AGENCY
580225
CORRESPONDENCE
LEMERY, L DIDDOCK, J L
Realty
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
580225
Attention: Branch of Realty
Portland Area Office Branch of Realty
Application of Elmer Sidney Jensen for patent in fee on his Quinaielt
allotment 1902.
In reviewing this file it was noted that the section in which the
land is situated is shown in the various documents as 21 and 22.
According to the plat here in the office, it is in section 22. We will
correct the description in the letter to the BIM.
The Land Status (which was prepared in 570300), states that there are
no easements or rights of way of record. However, this tract lies in
the same vicinity as allotments 1903 and 1905 and the Inventory Reports
on those two make reference to a logging road crossing them. As we
understand it, this logging road is being used by the Aloha Lumber
Corporation. Will you please recheck and, if in order, prepare a new
Land Status Report to include the logging road. Also, if the timber on
allotment 1902 is under contract, that information should be showns and
copies of the notice to the contractor furnished to complete the case
file.
L. LEMERY
for J. L. Diddock Area Realty Office
cc: Branch subject Branch Chrony Yellow chrony GMLeighton/ev 580225
HEL-010-0312-0312
HEL-010-0310-0322
RINGEY, C W W WASH AGENCY PAO BR OF REALTY
571002 580000
CORRESPONDENCE CORRESPONDENCE
RINGEY, DIDDOCK, J C L W W PAO WASH INDIAN AGENCY
Realty
J. Elmer S. L. Diddock, Jensen Q. Area Realty 1902
Officer Portland Field Service Area Office Western Washington
C. Indian Agency P. Mathes, P.O. Acting Box Real Property 915
Everett, Officer Western Washington
Washington Indian Mr. Elmer Agency
S Jensen Transmittal of 8002 80 copies of 31st Street letters to
Taccoma, Washington applicants for
Dear fee patents Mr. Jensen;
571002 Enclosed
Attached is the in fee duplicate patent are to copies you of the for
your letters allotment, to which the is applicants for described as fee
patents the E as listed 1/2 below. SE 1/ The information4, Sec.
contained therein 22, T. is based 21 N., upon the R. 12 Memorandum W.,
Valuation Reports Willamette Meridian, which Washington, were reviewed
containing 80 by the acres Area more or Office. less.
Jesse Lawrence A cursory Jensen Q. inspection 1903 was
made of Martha Jensen this property (Stamey) Q. on 1905 570621. The
Elmer tract is Sidney Jensen located approximately Q. 1902 four and
one The applications, half land miles northeasterly status of reports
and Moclips letters and ios to reached the Bureau via State of Land
Highway No. Management have 9 C already and been four forwarded.
miles of The gravel original of logging these road letters and 1/
will be2 mile withheld until on foot. we are The in a allotment lies
position to wholly in forward the Baker's Prairie patents to and the is
applicants. in
the Acting virgin state. Real Property It is Officer
covered Attachments with stunted jackpine, cedar and hemlock trees.
Water stands on the allotment over half of the year.
Investigation of sales of similar lands in the vicinty shows none
which were truly comparative. The SE 1/4 SE 1/4 of Sec. 13, T. 21 N., R
12 W., sold for $15.00 per acre; however, this tract is superior to
yours as it has a better timber growing potential. This cursory
inspection indicated that lands in this area would not sell for more
than $3.00 to $5.00 per acre.
This information is offered as a guide and is not to be construed as
entirely reliable indication of the present fair market value of the
property. Before you consider any possible sale, you are urged to have
the allotment appraised by a qualified person and then to familiarize
yourself with current market conditions. By this action you will assure
yourself of receiving the fair market value for your property.
May we suggest that you immediately record your patent at the Grays
Harbor County Court House which is located at Montesano, Washington.
Sincerely yours,
C. W. Ringey
Superintendent
Enclosure cc: Portland Area Office
HEL-011-0314-0314 HEL-010-0313-0313
HEL-011-0310-0322 HEL-010-0310-0322
MATHES, C P
JENSEN, W WASH E S INDIAN AGENCY
570710
CORRESPONDENCE
ALBRIGHT, C D BIA W WASH AGENCY
Realty
Field Service Western Washington Agency P.O. Box 915 Everett,
Washington
July 10, 1957
Mr. Don C. Foster
Area Director, Portland, Oregan
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate an application by Elmer Sidney Jensen,
Quinault allottee No. 1902, for a patent in fee on his allotment. This
application is approved. The applicant has a good record of steady
employment. The family income from labor is very satisfactory.
References state that the applicant has an excellent credit record. The
Hoquoa, staff say that the applicant appears to be alert and
intelligent. The application is accompanied by a land status report in
duplicate, by an inventory report of value, and by letters to the Bureau
of Land Management.
Sincerely yours,
Claude D. Albright Assistant Superintendent
Enclosures
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Allottee
Elmer Sidney Jensen No. 1902
Reservation Quinault
570315
Application is hereby made for (patent in fee) for the following
described land: E 1/2 SE 1/4 S.C. 221 T. 21 N. E. 12 W., Willmette
Meridan 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 39
2. Date of Birth 171217
3. Degree of Indian Blood 1/8
4. Married
5. Education: Years in elementary school, High School College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Daughter by first wife age 15 Wife Emma
age 35.
7. I am enrolled as a Quinault Indian
8. Permanent address 8002 So. 31st., Tacoma, Washington
9. The amount of my annual income is $ Husband $4200.00, Wife
$3500.00
EXHIBIT No. 8
10. My income is obtained from the following sources: Machine opr.
in Furniture Factory Wife in same factory F.S. Harmon Mfg. Co.
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 not)# live on or make personal use of the land covered by
this application.
14. The land is leased and the annual rent received in $ 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:
Plan to sell the timber and retain the land. b. I intend to use the
proceeds of sale for the following purposes:
I (We)# 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.
Form No. 5-105-(3) 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.
Elmer Sidney Jensen
Subscribed and sworn before me 570315. I hereby certify that the
effect of this application was explained to and fully understood by the
applicants
John W. Libby, Forest Manager
This application is hereby approved Claude D. Albright,
Superintendent
LAND STATUS REPORT
Elmer Sidney Jensen, Quinault No. 1902, land described as: E 1/2 SE
1/4, Sec. 21, T. 21 N., 12 W., Willamette Meridian, Washington,
containing 80 acres.
Trust Patent No. 1063334, on the above described lands was issued
330421, to Elmer Jensen, pursuant to the Act of 330208, (24 Stat. 388)
as amended by the Act of 110304 (36 Stat. 1345).
There have been no subsequent conveyances or transactions affecting
ownership or acreage of this parcel.
There are no easements or rights of way of record.
The land is not within a government irrigation project.
The allottee is living; no Abstract of Probates is required.
There is no record of indebtedness due the United States or to the
Quinault Tribe.
It is hereby certified that the land description given above has been
verified by comparison to the original patent. It is further certified
that this is a true and complete report according to all available
records of this Agency.
Charles P. Mathes Real Property Assistant Western Washington Agency
Everett, Washington 570325
HEL-010-0315-0319
HEL-010-0310-0322
FOSTER, D C DOI BIA PORTLAND
870923
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
870923
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Dear Mr. Ringey:
Memorandum valuation report covering the property of Elmer Sidney
Jensen, Quinault Allotment No. 1902, consisting of 80 acres, has been
reviewed.
The information contained therein appears sufficient to assist
materially in the preparation of the letter to the recipient of the
patent in fee in accordance with the procedure and instruction outlined
in Office Memorandum, dated 570215, and letter, dated 570524, from the
Area Director to all Superintendents concerning the existing policy on
patent in fee appraisals.
One copy of the subject report is returned herewith for the Agency
file.
Sincerely yours,
(SGD)
J. L. Diddock, Area Realty Officer
Enclosure
WMShenkel/gs 570923
cc: Branch subject Branch chrony Yellow chrony
Branch of Realty
Realty
Western Washington Agency
Realty
F-229 (312 (1))
Realty
570912
Inspection and Inventory of the property of Elmer Sidney Jensen, Q.
1902.
Corrected copy of Inspection and Inventory Report is attached in
triplicate. The report is recommended for approval.
Attachment (trip.)
HEL-010-0320-0321
HEL-010-0310-0322
RINGEY, C W BIA W WASH AGENCY
570904
CORRESPONDENCE
MCKEEVER, L C SHENKEL, W M
570904
Clarence W. Ringey Superintendent, Western Washington Agency
Attn: Realty
L. C. McKeever, Appraiser Hoquiam Sub Station
Inspection and Inventory of the property of Elmer Sidney Jensen,
Quinault allotment No. 1902, described as E 1/2 SE 1/4 Sec. 22, T. 21 N
R. 12 W., Willamette Meridian, containing 80 acres more or less.
A cursory inspection of this property was made 570612.
This tract is located approximately four and one-half miles
northeasterly from Moclips, Washington, and is accessible directly off
State Highway No. 9C, over 4 miles of all weather gravel logging road
and 1/2 mile on foot, west to the allotment.
This allotment lies wholly in Baker's Prairie and is in the virgin
state.
The whole allotment is covered with stunted jackpine, cedar, and
hemlock trees, brush, swampgrass, moss and duff. Water stands on the
tract about eight months of the year.
Investigation of sales of similar lands in the vicinity show none of
the type and character of the subject tract. The SE 1/2 SE 1/4of Sec.
13, T. 21 N., R. 12 W., sold for $15.00 per acre. This tract is
superior to the subject tract, as it has a better timber growing
potential.
This cursory inspection indicates that lands in this area would not
sell for more than $3.00 to $5.00 per acre.
This information is offered as a guide, and is not to be constructed
as a throughly reliable indication of the present fair market value of
the property.
L. C. McKeever, Appraiser
REVIEWED: 570923
William M. Shenkel
Reviewing Appraiser
HEL-010-0322-0322
HEL-010-0310-0322
RINGEY, C W W WASH AGENCY
570816
CORRESPONDENCE
DIDDOCK, J L PAO
RESolter/ga
8-16-57
cc: Branch subject
Branch chrony
Yellow chrony
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
570816
Mr. Clarence W. Ringey
Superiotendent, Western Washington Agency
Dear Mr. Ringway:
Memorandum Inventory Report for the Quinault allotments listed below
are returned herewith to be prepared according to the directives
contained in the Commissioner's memorandum, dated 570215, and the Area
Director's memorandum, dated 570524. These two memoranda clearly state
that no value determination for the subject tract is to be made, but
rather a complete inventory of the premises as shown in the letter
attached to the Commissioner's memorandum along with information
concerning the sale of similar lands within the same area to indicate
the price range of similar properties.
1740 Theres Cowan, Jr.
1902 Elmer Sidney Joveen
1903 Jesse Lawrence Joveen
1904 Dorothy Jensen Natheve
1905 Martha Jensen Stansy
2010 Joseph Mechals
In answer to your question concerning the approval of the Inventory
reports, your memorandum of transmittal for Allotment No. Q 2010, the
inventory reports should be submitted in triplicate for examination by
the reviewing appraiser.
The enclosed sample will indicate the type of report required.
Sincerely yours,
(SGD) J.L. DIDDOCK Area Realty Officer
Enclosures
HEL-010-0323-0323
HEL-010-0-0
RINGEY, C W BIA W WASH AGENCY
580418
CORRESPONDENCE
HILL, C E US DOI BIA DC
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 Mails and Files Division.
RECEIPT FOR PATENT
File No. 4917-58 B. I. A.
Allotment No. 1905
Western Washington Agency
580519
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1181332, issued 570417, in the name of Martha Maxine Jensen, an
Quinault Indian, for W 1/2 SE 1/4, Sec. 23, T. 21 N., R. 12 W.,
Willamette Meridian, Washington, containing 80.00 acres.
Martha Maxine Jensen, Patentee.
IN REPLY REFER TO: Realty Requirements 4917-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580418
Superintendent Western Washington Agency
Fee patent numbered 1181332 issued 580417, to Martha Maxine Jensen
Quinault allotee numbered 1905 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067
570400
HEL-010-0324-0326
HEL-010-0324-0360
SUPT W WASH AGENCY
580402
CORRESPONDENCE
AREA DIR PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580402
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
The application of Martha Maxine Jensen, allottee, for a patent in
fee for land embraced in her Quinault allotment No. 1905, pursuant to
authority delegated by Secretarial Order No. 2508 of 490111, (14 F. R.
258), and Order No. 551 of the Commissioner, Bureau of Indian Affairs,
dated 510329, (16 F. R. 2939), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued: W 1/2 SE 1/4, Sec. 23, Twp. 21 N., R.
12 W., W.M., Washington, containing 80 acres.
Provisions should be incorporated in the patent for Indian Service
Road No. S2, which is on the approved Indian Service Quinaielt Indian
Reservation road system, with the rights of the United States to
maintain, operate, or improve the same so long as needed or used for or
by the United States. (Dept. Instr. 160113, 44 L.D. 513.)
Sincerely yours,
Area Director
cc: Central Office (BIA),w/encl.
HEL-010-0327-0327
HEL-010-0324-0360
DIR BUREAU OF LAND MGT
580402
CORRESPONDENCE
AREA DIR PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
The application of Martha Maxine Jensen, allottee, for a patent in
fee for land enbraced in her Quinault allotment No. 1905, pursuant to
authority delegated by Secretarial Order No. 2508 of 490111, (34 y. R.
258), and Order No. 551 of the Commissioner, Bureau of Indian Affairs,
dated 510329, (16 F. R. 2939), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued; W 1/2 SE 1/4 Sec 23, Twp. 21 N., R.
12W., W.M. Washington, containing 80 acres.
Sincerely yours
Area Director
cc:Central Office (BIA), w/encl.
HEL-010-0328-0328
HEL-010-0324-0360
DIR BUREAU OF LAND MGT
580306
CORRESPONDENCE
DUBRAY, F F W WASH INDIAN AGENCY
C O P Y
OFFICE MEMORANDUM
UNITED STATES GOVERNMENT
To: J. L. Diddock Area Realty Officer Portland Area Office
Date: 580603
From: F. F. DuBray, Real Property Officer Western Washington Indian
Agency
Subject: Application for fee patents on Quinault Nos. 1902, 1903,
and 1905 (Elmer Sidney Jensen, Jesse Lawrence Jensen and Martha Maxine
Jensen).
We have made a diligent search for a road right of way which might
have been granted crossing the above allotments. We are unable to find
any record where a road right of way was granted.
There is attached a copy of a memorandum from Mr. John W. Libby,
Forest Manager, Hoquiam, Washington, stating that there is no right of
way of record to his knowledge crossing the above allotments. Also, in
his memorandum he states that none of the above allotments are presently
under a timber contract.
/s/ F. F. DuBray F. F. DuBray Real Property Officer
Attachment
580104 Records of Branch of Roads, Portland Area Office, show this
road as Indian Service road No. S:2 on the approved Indian Service
Quinaielt Indian Reservation road system.
The road traverses allotments 1903 and 1905, but does not affect
allotment No. 1902 of Elmer Sidney Jensen.
Branch of Realty PAO
HEL-010-0329-0329
HEL-010-0324-0360
DIDDOCK, J L PAO
580303
CORRESPONDENCE
LIBBY, J W W WASH AGENCY
C O P Y
Realty Western Wash. Agency
580303
John W. Libby, Forest Manager
Logging Road crossing Jensen allotments
The logging road mentioned in your memo of 000227 crosses two of the
allotments listed, namely the Jessie L. Jensen allotment No. 1903 and
the Martha M. Jensen allotment No. 1905. This road is a main logging
road which crosses the cut over lands south of the Quinault River from
north to south. It is a main access road for a large part of the
reservation, and is one which should be under our control.
Some time ago, I undertook to secure a right of way over this road.
This was in 530000. I secured signed Statements of Owners from a
considerable number of the allottees including Martha M. Jensen McCann
who signed as Martha J. Stoney. Her address at that time was 1510 South
51st, Tacoma 8, Washington. I did not secure one from Jessie L. Jensen.
The Elmer Jensen allotment lies west of the road and is not involved.
The Statement of Owners which I have on file here states as follows:
This is an existing road. It is desired to secure right of way to
provide for permanent access for fire protection and Administrative
purposes.
I believe you have a Fee Patent application from Roy Amelia,
Allotment No. 2319. His allotment is also crossed by this road. We
have a signed Statement of Owners from Mr. Amelia, with the same
stipulation as quoted above.
In my opinion, right of way over this road should be reserved in
connection with any Fee Patents granted for allotments crossed by it.
For your information, I am enclosing a list of the allotments crossed by
this road.
None of the Jensen allotments are under timber contract.
s/ John W. Libby
John W. Libby, Forest Manager
C O P Y
HEL-010-0330-0330
HEL-010-0324-0360
W WASH AGENCY
580225
CORRESPONDENCE
LEMERY, L DIDDOCK, J L
Realty
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Portland Area Office Branch of Realty
Application of Martha Maxine Jensen for patent in fee on her
Quinaielt allotment 1905.
580225
Attention: Branch of Realty
The Inspection and Inventory Report shows a logging road traversing
the southeast corner of this allotment. There is no reference to a
right of way in the Land Status Report which was prepared in 570300. We
understand that this road is being used by the Aloha Lumber Corporation.
Will you please recheck and, if in order, prepare a new Land Status
Report to include information concerning this road. If the timber is
under contract, that should be shown and copies of the notice to the
contractor furnished.
L. LEMERY for J. L. Diddock Area Realty Officer
cc: Branch subject Branch chrony Yellow chrony GMLeighton/ev 580225
HEL-010-0331-0331
HEL-010-0324-0360
RINGEY, C W W WASH AGENCY PAO BR OF REALTY
000000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Martha Jensen Q. 1905
Field Service Western Washington Indian Agency P.O. Box 915 Everett,
Washington
Mrs. Martha Jensen Stamey 1510 So. 51st Street Tacoma, Washington
Dear Mrs. Stamey:
Enclosed is the fee patent issued to you for your allotment which is
described as W 1/2 SE 1/4, Sec. 23, T. 21 N., R. 12 W., Willamette
Meridian, Washington, containing 80 acres, more or less.
A cursory inspection was made of this property on June 11, 1957. The
tract is located approximately 4 miles northeasterly from Moclips and is
accessible directly off State Highway 9-c, over an all weather gravel
logging road which crosses the southeast corner of the tract. The
allotment lies entirely within Baker Prairie; a low flat area on which
water stands over one half of the year. It is covered with stunted
jackpine, cedar, and hemlock. The entire tract is in the virgin state.
Investigation of sales in the vicinity show no lands similar to the
subject tract have been sold. One forty acre tract described as the SB
1/4 SE 1/4, Sec. 13, T. 21 N., R. 12 W., was sold in November of 1955
for $15.00 per acre. This tract is superior to the subject tract as it
has a timber growing portential. The cursory inspection that was made
indicates that this land has little potential value and is probably
worth approximately $3.00 to $5.00 per acre.
This information is offered as a guide and is not to be construed as
an entirely reliable indication of the present market value. Before you
consider a sale, it would be to your advantage to have the allotment
appraised and to acquint yourself with the current market conditions so
that you may realize the fair market value of your property. May we
also suggest that you promptly record this patent at the Grays Harbor
County Court House at Montesano, Washington.
Sincerely yours,
C. W. Ringey, Superintendent
Enclosure cc: Portland Area Office
HEL-010-0332-0332
HEL-010-0324-0360
STAMEY, M J
570710
CORRESPONDENCE
ALBRIGHT, C D BIA W WASH AGENCY
Realty 312(1)
Field Service Western Washington Agency P.O. Box 915 Everett,
Washington
570710
Mr. Don C. Foster, Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the application of Martha Jensen
Staney, Q. 1905. The application has been approved. The applicant and
her husband have an impressive record of regular employment and have
earned recognition by creditors as reliable stable people.
The application is accompanied by a land status report in duplicate,
memorandum inventory of value, and letters to the Bureau of Land
Management.
Sincerely yours,
(Sgd) Claude D. Albright
Assistant Superintendent
Enclosures
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land
Allottee Martha Jensen Stamey
No. 1905
Reservation Quinault
date 570315
Application is hereby made for (patent in fee) for the following
described land: W 1/2 SE 1/4 Sec. 23. T. 21 N., R. 12 W., Willamette
Meridian 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 34
2. Date of Birth 221205
3. Degree of Indian Blood 1/8
4. Married
5. Education: Years in elementary school High School 9th College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Dale age 10
7. I am enrolled as a Quinault Indian
8. Permanent address 1510 So. 51st, Tacoma, Wash.
9. The amount of my annual income is $8,000.00 combination of
Husband and wife.
EXHIBIT No. 8
10. My income is obtained from the following sources: Harmon
Furniture Co., assembly, Husband is Logger
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 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 $ 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:
Plan to sell the timber to the highest bider and retain the land.
b. I intend to use the proceeds of sale for the following purposes:
I (We)# authorized 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.
Form No. 5-105 (3) 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.
Martha Jensen Stoney
Subscribed and sworn before me this 570315. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants.
John W. Libby Title Forest Manager
This application is hereby approved
Claudy D. Albright Acting, Superintendent
L A N D S T A T U S R E P O R T
Martha Maxine Jensen, Quinault No. 1905, land described as: W 1/2 Se
1/4, Section 23, Township 21 North, Range 12 West, Willamette Meridian,
Washington, containing 80 acres.
Trust Patent No. 1063337, on the above described lands was issued
330421, to Martha Maxine Jensen, pursuant to the Act of 870208 (24 Stat.
388) as amended by the Act of 110304 (36 Stat. 1345).
There have been no subsequent conveyances or transactions affecting
ownership or acreage of this parcel.
The land is not within a government irrigation project.
The allottee is living; no Abstract of Probates is required.
There is no record of indebtedness due to the United States or to the
Quinault Tribe.
It is hereby certified that the land description given above has been
verified by comparison to the original patent. It is further certified
that the above is a true and complete report according to all available
records of this Agency.
Charles P. Mathes, Real Property Assistant Western Washington Agency
Everett, Washington 570322
CERTIFICATE OF INDENTITY
I hereby certify that Martha Maxine Jensen and Martha Jensen Stamey
are one and the same person.
R. H. Hutchinson, Real Property Officer Western Washington Indian
Agency Everett, Washington 570710
HEL-010-0333-0338
HEL-010-0324-0360
FOSTER, D C DOI BIA PORTLAND
570923
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
570923
Mr. Clarence W. Ringey:
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Memorandum valuation report covering the property of Martha M.
Jensen, Quinault Allotment No. 1905, consisting of 30 acres, has been
reviewed.
The information contained therein appears sufficient to assist
materially in the preparation of the letter to the recipient of the
patent in fee in accordance with the procedure and instructions outlined
in Office Memorandum, dated 570215, and letter, dated 570524, from the
Area Director to all Superintendents concerning the existing policy on
patent in fee appraisals.
One copy of the subject report is returned herewith for the Agency
file.
Sincerely yours,
J. L. Diddock Area Realty Officer
Enclosure WMShankel/gs 570923 cc: Branch subject Branch chrony
Yellow chrony
HEL-010-0339-0339
HEL-010-0324-0360
RINGEY, C W W WASH AGENCY
570917
CORRESPONDENCE
MATHES, C P W WASH INDIAN AGENCY
570917
Branch of Realty Portland Area Office
C. P. Mathes, Acting Real Property Officer Western Washington Indian
Agency
Revised Inventory reports on Martha N. Jensen, Q. 1905 and Jesse L.
Jensen, Q 1903 Fee patent requests.
Attached are Inventory reports as requested in connection with a few
patent on the above allotments.
s/ C. P. Mathes Acting Real Property Officer
Attachments
HEL-010-0340-0340
HEL-010-0324-0360
BR OF REALTY PAO
570909
CORRESPONDENCE
MCKEEVER, L C
MEMORANDUM:
TO: C. W. RINGEY, SUPERINTENDENT
FROM: L. C. MCKEEVER, FORESTER APPRAISER
570909
SUBJECT: Inspection and Inventory of the property of Martha M.
Jensen, Quin. No. 1905, described as W 1/2SE 1/4 Sec. 23, T. 21 N., R.
12 W., Willamette Meridian, containing 80 acres more or less.
A cursory inspection of this property was made 570611.
This tract is located approximately 4 miles northeasterly from
Moclips, Washington, and is accessible directly off State Highway 9 C,
over an all weather gravel logging road, which crosses the southeast
corner of the tract.
This type of land is not being utilized at this time. It lies wholly
within Baker Prairie, a low flat area, on which water stands about eight
months of the year.
This tract is covered with stunted cedar, hemlock, and jackpine
trees, brush, swampgrass and duff. The whole tract is in the virgin
state.
Investigation of sales in the vicinity show no lands similar to the
subject tract have been sold. One sale of 40 acres described as SE 1/4
SE 1/4 Sec. 13, T. 21 N., R. 12 W., was sold in 551100 for $15.00 per
acre. This tract is superior to the subject tract as it has a timber
growing potential.
The cursory inspection indicates that this land has a very poor
potential and is probably worth from $3.00 to $5.00 per acre.
This information is offered as a guide and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
property.
L. C. McKeever, Appraiser
Reviewed: 570923
William M. Shenkel, Reviewing Appraiser
HEL-010-0341-0341
HEL-010-0324-0360
RINGEY, C W
570816
CORRESPONDENCE
DIDDOCK, PAO
Realty
cc: Branch subject Branch chrony Yellow chrony
Portland Area Office Post Office Box 4097 Portland 8, Oregon
570816
Mr. Clarence W. Ringay
Superintendent, Western Washington Agency
Dear Mr Ringay:
Memorandum Inventory Report for the Quinault allotments listed below
are returned herewith to be prepared according to the directives
contained in the Commissioner's memorandum, dated 570215, and the Area
Director's memorandum, dated 570524. These two memoranda clearly state
that no value determination for the subject tract is to be made, but
rather a complete inventory of the premises as shown in the letter
attached to the Commissioner's memorandum along with information
concerning the sale of similar lands within the same area to indicate
the price range of similar properties.
1740 Theron Cowan Jr.
1902 Elmer Sidney Jenson
1903 Jesse Lawrence Jenson
1904 Dorothy Jenson Mathews
1905 Martha Jenson Staney
2010 Joseph Mechals
In answer to your question concerning the approval of the inventory
reports, your memorandum of transmittal for Allotment No. Q 2010, the
inventory reports should be submitted in triplicate for examination by
the reviewing appraiser.
The enclosed sample will indicate the type of report required.
Sincerely yours.
(Sgn) J.L. Diddock, Area Realty Officer
Enclosures
HEL-010-0342-0342
HEL-010-0324-0360
RINGEY, C W BIA W WASH AGENCY
580418
CORRESPONDENCE
HILL, C E US DOI BIA DC
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 Mails and Files Division.
RECEIPT FOR PATENT
79068
File No. 5056-58 B.I.A.
Allotment No. 1903
Western Washington Agency
580519
RECEIVED of C.W. Ringey Superintendent U.S Indian Agency fee Patent
No. 1181331. issued 580417 in the name of Jesse Lawrence Jensen as
Quinault Indian, for E 1/2 SE 1/4, Sec. 23, T. 21 N., R. 12 W.,
Willamette Meridian, Washington containing 80.00 acre
Witness:
Clyde E. Everett, Wash
Charles P. Mathes, Everett, Wash
Jesse Lawrence Jensen, Patentee
In Reply Refer To:
Realty Requirements
5056-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Washington 25. D.C.
580418
Superintendent Western Washington Agency
Fee patent numbered 1181331 issued 580417 to Jesse Lawrence Jensen
Quinault allotte numbered 1903 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C.E. Hill, Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
From 5-067 570400
HEL-010-0343-0345
HEL-010-0324-0360
SUPT W WASH AGENCY
580402
CORRESPONDENCE
AREA DIR PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Jesse Lawrence Jensen, allottee, for a patent in
fee for land embraced in his Quinault allotment No. 1903,pursuant to
authority delegated by Secreterial Order No. 2508 of 490111 (14 F. R.
258), and Order No. 551 of the Commissioner, Bureau of Indian Affairs,
dated 510329 (16 F. R. 2939), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued: E 1/2 SE 1/4, Sec. 23, Twp. 21 N., R.
12 W., W. M., Washington, containing 80 acres.
Provisions should be incorporated in the patent for Indian Service
Road No. S-2, which is on the approved Indian Service Quinaielt Indian
Reservation road system, with the rights of the United States to
maintain, operate, or improve the same so long as needed or used for or
by the United States. (Dept. Instr. (Dept. Instr. 160113, 44 L.D.
513.)
Sincerely yours,
Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0346-0346
HEL-010-0324-0360
DIR BUREAU OF LAND MGT COMM DOI BIA
560402
CORRESPONDENCE
ARAA DIR PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
The application of Jesse Lawrence Jensen, allottee, for a patent in
fee for land embraced in his Quinault allotment No. 1903, warrant to
authority delegated by Secretarial Order No. 2508 of 490111 (14 F.R.
258), and Order No. 551 of the Commissioner, Bureau of Indian Affairs,
dated 510329 (16 F. R. 2939), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued: E 1/2 SE 1/4, Sec. 23, Twp. 21 N., R.
12 W., W.M., Washington, containing 80 acres.
Sincerely yours,
Area Director
HEL-010-0347-0347
HEL-010-0324-0360
DIR BUREAU OF LAND MGT COMM DOI BIA
580306
CORRESPONDENCE
DUBRAY, F F W WASH INDIAN AGENCY
COPY
OFFICE MEMORANDUM
UNITED STATES GOVERNMENT
To: J. L. Diddock, Area Realty Officer Date: 580603 Porland Area
Office
From: F. F. DuBray, Real Property Officer Western Washington Indian
Agency
Subject: Application for fee patents on Quinault Nos. 1902, 1903,
and 1905 (Elmer Sidney Jensen, Jesse Lawrence Jensen and Martha Maxine
Jensen).
We have made a diligent search for a road right of way which might
have been granted crossing the above allotments. We are unable to find
any record where a road right of way was granted.
There is attached a copy of a memorandum from Mr. John W. Libby.
Forest Manager, Hoquiam, Washington, stating that there is no right of
way of record to his knowledge crossing the above allotments. Also, in
his memorandum he states that none of the above allotments are presently
under a timber contract.
/s/ F. F. DuBray
F. F. DuBray
Real Property Officer
Attachment
580104 Records of Branch of Roads, Portland Area Office, show this
road as Indian Service road No. S 2 on the approved Indian Service
Quinaielt Indian Reservation road system.
The road traverses allotments 1903 and 1905, but does not affect
allotment No. 1902 of Elmer Sidney Jensen.
Branch of Realty PAO
HEL-010-0348-0348
HEL-010-0324-0360
DIDDOCK, J L PAO
580303
CORRESPONDENCE
LIBBY, J W W WASH AGENCY
C O P Y
580303
Realty, Western Wash, Agency
John W. Libby, Forest Manager
Logging Road crossing Jansen allotments
The logging road mentioned in your memo of 000227 crosses two of the
allotments listed, namely the Jessie L. Jensen allotment No. 1903 and
the Martha M. Jensen allotment No. 1905. This road is a main logging
road which crosses the cutover lands south of the Quinault River from
north to south. It is a main access road for a large part of the
reservation, and is one which should be under our control.
Some time ago, I undertook to secure a right of way over this road.
This was in 580000, I secured signed Statements of Owners from a
considerable number of the allottees including Martha M. Jensen McCann
who signed as Martha J. Stoney. Her address at that time was 1510 South
51st, Tacoma 8, Washington. I did not secure one from Jessie L. Jensen.
The almer Jensen allotment lies west of the road and is not involved.
The Statement of Owners which I have on file here states as follows:
"This is an existing road. It is desired to secure right of way to
provide for permanent access for fire protection and Administrative
purposes."
I believe you have a Fee Patent application from Roy Amelia,
Allotment No. 2319. His allotment is also crossed by this road. We
have a signed Statement of Owners from Mr. Amelia, with the same
stipulation as quoted above.
In my opinion, right of way over this road should be reserved in
connection with any Fee Patents granted for allotments crossed by it.
For your information, I am enclosing a list of the allotments crossed by
this road.
None of the Jensen allotments are under timber contract.
s/ John W. Libby
John W. Libby
Forest Manager
C O P Y
HEL-010-0349-0349
HEL-010-0324-0360
BR OF REALTY W WASH
580225
CORRESPONDENCE
LEMERY, L DIDDOCK, J L
Realty
580225
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Attention: Branch of Realty
Portland Area Office Branch of Realty
Application of Jesse Lawrence Jensen for patent in fee on his
Quinaielt allotment 1903.
The Inspection and Inventory Report shows a logging road traversing
this allotment, but there is no reference to such a road in the Land
Status Report. Information here in the office is that this road is
being used by the Aloha Lumber Corporation. Will you please recheck
and, if in order, prepare a new Land Status Report to include the road.
If the timber on allotment 1903 is under contract, that information
should be shown and copies of the notice to the contractor furnished to
complete the case file.
L. LEMERY J. L. Diddock for Area Realty Officer
cc: Branch subject Branch chrony Yellow chrony GMLeighton/ev 580225
HEL-010-0350-0350
HEL-010-0324-0360
RINGEY, C W W WASH AGENCY PAO BR OF REALTY
570000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Jesse L. Jensen Q. 1903
Field Service Western Washington Indian Agency P. O. Box 915 Everett,
Washington
Mr. Jesse L. Jensen 31 Broadway, Apt. 502 Tacoma, Washington
Dear Mr. Jensen:
Enclosed is the fee patent issued to you on your Quinault allotment
which is described as E 1/2 SE 1/4, Sec. 23, T. 21 N., R. 12 W.,
Willamette Meridian, Washington, containing 80 acres, more or less.
A cursory inspection was made of this property on 570611. The tract
is located about four miles northeasterly of Moclips and is directly
accessible off State Highway 9C and an all weather gravel logging road,
which crosses the allotment. About one half of this allotment is
timberland which was logged in 300000. The remaining portion is
situated in Baker Prairie. This area is covered with stunted jackpine,
cedar and hamlock, and is covered by water over one half of the year.
Investigation of sales of similar land in this vicinity includes the
SE 1/4 SE 1/4, Sec. 13, T. 21 N., R. 12 W., W.M., which was sold in
551100 for $15.00 per acre. This tract compares favorably with the
forty acres of timberland but is quite superior to that portion of your
land in Baker Paririe. It is estimated that your Baker Prairie land is
not worth more than $3.00 to $5.00 per acre.
This information is offered as a guide and is not to be construed as
a thoroughly reliable indication of the present fair market value. You
are urged to acquire the services of a qualified appraiser and then to
familiarize yourself with the current market before you consider a sale
of your property. This will assure you of receiving the fair market
value.
May we also suggest that you immediately record your patent at the
Grays Harbor Courthouse which is located at Montesano, Washington.
Sincerely yours,
C. W. Ringey, Superintendent
Enclosure cc: Portland Area Office
HEL-010-0351-0351
HEL-010-0324-0360
JENSEN, J L
570710
CORRESPONDENCE
ALBRIGHT, C D BIA W WASH AGENCY
Realty 312(1)
Field Service Western Washington Agency P.O. Box 915 Everett,
Washington
570710
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the application of Martha Jensen
Staney, Q. 1905. The application has been approved. The applicant and
her husband have an impressive record of regular employment and have
earned recognition by creditors as reliable stable people.
The application is accompanied by a land status report in duplicate,
memorandum inventory of value, and letters to the Bureau of Land
Management.
Sincerely yours,
(Sgd) Claude D. Albright
Assistant Superintendent
Enclosures
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land
Allottee Jesse Lawrence Jensen 1903
Reservation Quinault
570315
Application is hereby made for (patent in fee) for the following
described land: E 1/2 SE 1/4 Sec. 23, T. 21 N., R. 12 W., Willamette
Meridian 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 37
2. Date of Birth 190429
3. Degree of Indian Blood 1/8
4. Single
5. Education: Years in elementary school High School 4 College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Self
7. I am enrolled as a Quinault Indian (Name of Tribe)
8. Permanent address No. 31 Broadway, Apt. 502. Tacoma. Wash.
9. The amount of my annual income is $5,500.00
EXHIBIT No. 8.
10. My income is obtained from the following sources: Civil Service
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.) Disability from Veterans,
$66.00 per Mo.
12. If indebted to the United States, state amount and purpose of
indebtedness. (If not, state none.) None
13. I (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 $ 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:
Sell the timber to the highest bidder and retain the land.
b. I intend to use the proceeds of sale for the following purposes:
I (We)# 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 (3) 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.
Jesse Lawrence Jensen
Subscribed and sworn before me this 570315. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants and the application is hereby approved.
John W. Libby Title Forest Manager
This application is hereby approved:
Claud D. Albright Attorney Superintendent
L A N D S T A T U S R E P O R T
Jesse Lawrence Jensen, Quinault No. 1903, land described as: E 1/2
GE 1/4, Sec. 23, T. 21 N., R. 12 W., Willamette Meridian, Washington,
containing 80 acres.
Trust Patent No. 1063335, on the above described lands was issued
330421 to Jesse Lawrence Jensen, pursuant to the Act of 870208 (24 Stat.
388) as amended by the Act of 110304, (36 Stat. 1345).
There have been no subsequent conveyances or transactions affecting
ownership or acreage of this parcel.
There are no easements or rights of way of record.
The land is not within a government irrigation project.
The allottee is living; no Abstract of Probates is required.
There is no record of indebtedness due the United States or to the
Quinault Tribe.
It is hereby certified that the land description given above has been
verified by comparison to the original patent. It is further certified
that the above is a true and complete report according to all available
records of this Agency.
Charles P. Mathes Real Property Assistant Western Washington Agency
Everett, Washington 570325
HEL-010-0352-0356
HEL-010-0324-0360
FOSTER, D C DOI BIA PORTLAND
570923
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
570923
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Memorandum valuation report covering the property of Jesse L. Jensen,
Quinault Allotment No. 1903, consisting of 80 acres, has been reviewed.
The information contained therein appears sufficient to assist
materially in the preparation of the letter to the recipient of the
patent in fee in accordance with the procedure and instructions outlined
in office Memorandum, dated 570213, and letter dated 570524, from the
Area Director to all Superintendants concerning the existing policy on
patent in fee appraisals.
One copy of the subject report is returned herewith for the Agency
file.
Sincerely yours,
(Sgd)
J. L. Diddock Area Realty Officer
Enclosure
WHShenkel/gs 570923
cc: branch subject Branch chrony Yellow chrony
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
570923
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Memorandum valuation report covering the property of Jesse L. Jensen,
Quinault Allotment No. 1903, consisting of 80 acres, has been reviewed.
The information contained therein appears sufficient to assist
materially in the preparation of the letter to the recipient of the
patient in fee in accordance with the procedure and instructions
outlined in Office Memorandum, dated 570213, and letter, dated 570524,
from the Area Director to all Superintendants concerning the existing
policy on patent in fee appraisal.
One copy of the subject report is returned herewith for the Agency
file.
Sincerely yours,
(SGD) J. L. DIDDOCK
J. L. Diddock Area Realty Officer
Enclosures
WHShenkel/gs 570923
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0357-0357
HEL-010-0324-0360
RINGEY, C W BIA W WASH AGENCY
570917
CORRESPONDENCE
MATHES, C P W WASH INDIAN AGENCY
570917
Branch of Realty Portland Area Office
C.P. Mathes, Acting Real Property Officer Western Washington Indian
Agency
Revised Inventory reports on Martha M Jensen, Q. 1905, and Jesse L.
Jensen, Q. 1903, fee patent requests.
Attached are Inventory reports as requested in connection with a fee
patent on the above allotments.
s/ C. P. Mathes Acting Real Property Officer
Attachments
HEL-010-0358-0358
HEL-010-0324-0360
BR OF REALTY PAO
570909
CORRESPONDENCE
MCKEEVER, L C BIA
MEMORANDUM
TO: C. W. RINGEY, SUPERINTENDENT
FROM: L. C. MCKEEVER, FORESTER, APPRAISER
SUBJECT: Inspection and Inventory of the Property of Jesse L.
Jensen, Quin. No. 1903, described as E 1/2 SE 1/4 Sec. 23, T. 21 N., R.
12 W., Williamette Meridian, containing 80 acres, more or less.
A cursory inspection of this property was made 570611.
This tract is located about four miles northeasterly from Moclips,
Washington, and is directly accessible off State Highway 9 C, over an
all weather gravel logging road, which crosses the allotment.
About one half of this tract was timberland, which was logged in
300000. The remaining one half is in Baker Prairie. This area is
covered with stunted jackpine, cedar and hemlock trees, brush, moss,
swampgrass, and duff. Water stands on this area about 8 months of the
year.
Investigation of sales of similar lands in this vicinity includes SE
1/4 SE 1/4 Sec. 13, T. 21 N., R. 12 W., which was sold in 551100, for
$15.00 per acre. This tract compares favorably with the 40 acres of
timberland, but is superior to the 40 acres in Baker Prairie and is not
worth more than $3.00 to $5.00 per acre.
This information is offered as a guide and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
property.
L. C. McKeever, Appraiser
Reviewed: 570923 Reviewing Appraiser: William M. Shenkel
HEL-010-0359-0359
HEL-010-0324-0360
RINGEY, C W W WASH AGENCY
570816
CORRESPONDENCE
DIDDOCK, J L PAO
EESolter/gs 570816
Realty
cc: Branch subject Branch chrony Yellow chrony
Portland Area Office Post Office Box 4097 Portland 8, Oregon
570816
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Dear Mr. Ringey:
Memorandum Inventory Report for the Quinault allotments listed below
are returned herewith to be prepared according to the directives
contained in the Commissioner's memorandum, dated 570215, and the Area
Director's memorandum, dated 570524. These two memoranda clearly state
that no value determination for the subject tract is to be made, but
rather a complete inventory of the premises as shown in the letter
attached to the Commissioner's memorandum along with information
concerning the sale of similar lands within the same area to indicate
the price range of similar properties.
1740 Theron Cowan Jr.
1902 Elmer Sidney Jenson
1903 Jesse Lawrrence Jenson
1904 Dorothy Jenson Mathews
1905 Martha Jenson Staney
2010 Joseph Mechals
In answer to your question concerning the approval of the inventory
reports, your memorandum of transmittal for Allotment No. Q 2010, the
inventory reports should be submitted in triplicate for examination by
the reviewing appraiser.
The enclosed sample will indicate the type of report required.
Sincerely yours.
(SGD)
J. L. Diddock Area Realty Officer
Enclosures
HEL-010-0360-0360
HEL-010-0324-0360
RINGEY, C W W WASH AGENCY
570625
CORRESPONDENCE
MCKEEVER, L C DOI BIA
R. H. Hutchinson, Realty Officer
L. C. McKeever, Forester
570625
Attn:
Jesse L. Jensen, Quin. No. 1903, Fee Patent
On 570611, I visited the allotment of Jesse L. Jensen, Quin. No.
1903, described as E 1/2 SE 1/4 Section 23, T. 21 N., R. 13 W.,
Willamette Meridian.
All of this allotment, except about 20 acres in the northern part,
lies in Baker Prairie, a large poorly drained swampy area of several
hundred acres.
This area is underlayed with a coarse gravelly hardpan covered with a
thin layer of black gravelly laom swamp grass, moss, duff, small brush,
stunted jackpine, cedar and hemlock trees.
About twenty acres of the north end of the allotment was timbered and
was logged in 300000. It was burned over in 380000. It is now fairly
well stocked with cedar, hemlock, jackpine and a few Douglas fir and
brush.
The swampy area might support a few head of stock for grazing but
aside from that, it is my opinion it is worthless.
I believe the value of this allotment would not exceed $5.00 per
acre. A logging road runs northeasterly through this tract.
(Sgd) L. C. McKeever Forester
HEL-011-0361-0361
HEL-011-0361-0361
HUTCHINSON, R H BR OF REALTY
580529
CORRESPONDENCE
ACT AREA DIR PAO
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
P.R.S. ROOTING SLIP
SPECIAL
P.R.S. NO. 9949(Magnuson) And return to code 350 by the following
date:
Area Director for:
Reply direct to correspondent sending four copies to this office
marked for Commissioner, DCCO, LM, and Secretary's Reading File.
PLEASE DO NOT DETACH THIS SLIP.
NOTE TO MAIL ROOM (CENTRAL OFFICE):
RETURN THIS SLIP, PROPERLY DATED, TO CODE 101 THEN THE LETTER HAS
BEEN SENT TO THE OFFICE OF THE DEPARTMENTAL CORRESPONDENCE CONTROL
OFFICER OR THE ADDRESSEE.
SPECIAL
Realty Realty Acq. & Disp. 6582-58
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Hon. Warren G. Magnuson United States Senate Washington 25, D.C.
Dear Senator Magnuson:
The Assistant Commissioner of Indian Affairs has forwarded for report
your communication of 580508, inquiring about the application for fee
patent of Albert H. Reed for his Quinault allotment No. 1335.
The Western Washington Agency reports that the application will be
processed as soon as the inspection and inventory report is approved by
this office. The inventory report was approved and forwarded to the
Agency on 580522. The agency realty staff will now be in a position to
take further action on the application.
We appreciate your interest in the affairs of the Indian people and
they in turn are aware of your sympathy and understanding.
Sincerely yours,
Acting Area Director
Martin N. B. Holm
CC: Commissioner DCCO LM Secretary's Reading File
P.R.S. No. 9949 (Magnuson)
HEL-010-0362-0364
HEL-010-0362-0364
MAGNUSON, W G US SENATE
580516
CORRESPONDENCE
UTZ DOI BIA
Realty, Acq & Disp 6582-58
Sen. Warren G. Magnuson United State Senate Washington 25, D.C.
Dear Senator Magnuson:
Your communication of 000508, enclosing a letter from Mr. Albert E.
Reed, concerning his application for a patent in fee on Quinault
allotment No. 1333, has been received.
We have no information on this application, as initial sections in
such cases are taken by our field officials without reference to this
office. We are, therefore, forwarding copies of your communication and
enclosure to our Area Director at Portland, Oregon, with the request
that he inform you of the statues of Mr. Reed's application for a patent
in fee.
Sincerely,
(Sgd) UTZ
Assistant Commissioner
Enclosure
cc: Area Director, Portland (w/c incoming) for action indicated
Superintendent, Western Washington Agency (w/c incoming) for information
Secretary's Reading File DCCO LM DL
WEThemasic 580513
PRS No 9949
HEL-010-0365-0365
HEL-010-0365-0370
MAGNUSON, W G US SENATE
580508
CORRESPONDENCE
MAGNUSON, W G US SENATE
United States Senate
580508
Respectfully referred to Commissioner of Indian Affairs Department of
the Interior with thanks for such favorable consideration as the
communication herewith submitted warrants, and for a report thereon, in
duplicate to accompany return of inclosure.
By direction of
WARREN G. MAGNUSON, U. S. S.
Albert H. Reed 307 West 132nd Seattle 77, Wash.
Seattle, Wash
580506
Dear Sir:
I am an allottee on the Quinault Indian Reservation, my timber is
under contract to Aloha Lbr. Co., Aloha, W. They have cut part of it
enough for payment of earnest money paid me plus a few thousand.
I have applied for a fee patent for my land so I won't have to wait
till 790000 for my timber to be (2) cut, also to get the best price
possible for it. Now I don't want Aloha Fbr. Co. to cut any more of my
timber at their price & the Area office of Indian Affairs has been
holding up my fee patent as my brother & I both applied for them at the
same time he has had his for 2 weeks or more & mine is being sent from
one office to another & just not taking any action it seems to me these
boys are playing footsie with (3) Aloha Fbr. Co.
I really think the office should be used for the benefit of the
allottees & not always taking care of the interest of the Lumber
companies.
Will you do what you think is fair & just for us, please.
Sincerely,
Albert H. Reed
Claim no. 1335
Quinault Indian Reservation
United States Senate
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
FREE
The Honorable Glenn L. Emmons Commissioner of Indian Affairs
Department of the Interior Washington 25, D.C.
HEL-010-0366-0370
HEL-010-0365-0370
COMM OF INDIAN AFF DOI BIA
580623
CORRESPONDENCE
CULLEN, A W US DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
IN REPLY REFER TO: Realty Requirements 8304-58 jj
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580623
Superintendent
Western Washington Agency
Fee patent numbered 1183246 issued 580620 to Lyle Secena, Quinault
allottee numbered 2187 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
A. W. Culles Special Assistant, Requirements
Enclosures cc:
Area Director, Portland Form 5-067 570400
HEL-010-0371-0372
HEL-010-0371-0388
SUPT W WASH AGENCY
580616
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Lyle Secens, allottee, for a patent in fee on land
embraced in Quinsult allotment No. 2187, pursuant to authority delegated
by Secretarial Order No. 2508 of 490111, (14 F.R. 258) and Order No. 551
of the Commissioner, Bureau of Indian Affairs, dated 510329 (16 F.R.
2939), has been approved, pursuant to the Act of 060508 (34 Stat. 182,
25 U.S.C., 1946 Ed., sec. 349).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
S1/2Nek, Sec. 33, T. 24 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Sincerely yours,
Assistant Area Director
cc: Central Office (EIA), w/encl.
HEL-010-0373-0373
HEL-010-0371-0388
DIR BUREAU OF LAND MGT COMM DOI BIA
580605
CORRESPONDENCE
SCHWARTZ, M L BIA W WASH AGENCY
Realty Acq. & Disp SECENA, Lyle Q. 2187
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580506
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Lyle
Secena, Quinault Allottee No. 2187 for a patent in fee on land which is
described as:
S 1/2 NE 1/4, Sec. 33, T. 24 N., R. 12 W., Willamette Maridian,
Washington, containing 80 acres
The applicant's references include his former supervisor at his place
of work, and local business people. Each person contacted vouched for
his ability to manage business matters. He has been employed in the
timber industry for over 15 years. His employment has been steady and
most satisfactory; the annual current income of the individual being
$6,000.00. After such time that he receives a fee patent, Mr. Secena
plans to sell the merchantable timber on his allotment and retain the
land for tree farm purposes.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report and copies of the letter to the
patentee. The letter to the Bureau of Land Management is also included.
As the applicant appears to be unquestionably competent to manage his
own trust allotment, it is respectfully recommended that the applicant's
request for issuance of a fee patent be granted.
Sincerely yours,
(SGD) M.L. SCHWARTZ
ACTING Superintendent
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 Secena, Lyle
No. Q. 2187
Reservation Quinaielt
date 570912
Application is hereby made for (patent in fee) # for the following
described land: S 1/2 of NE 1/4, Sec. 33, T. 24 R. 12 W., W. M.,
Washington 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 38 years
2. Date of Birth 190506
3. Degree of Indian Blood 3/4
4. Married (strike out one)
5. Education: Years in elementary school 8 High School 3 years
College 0
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Melda Secena, age 38, wife
7. I am enrolled as a Quinaielt Chehalis Indian (Name of Tribe)
8. Permanent address Oakville, Box 152, Washington
9. The amount of my annual income is $ 6,000.00
#Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: Logging
industry
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 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 $ 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:
all timber and such land for regrowth.
b. I intend to use the proceeds of sale for the following purposes:
I (We)# 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.
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
on Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State of any owner of
property similarly situated. I also understand that encumberances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Lyle Secena (Applicant)
Date 580503
Form No. 5-105 (3) 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.
Lyle Secena
Subscribe and sworn before me 570912. I hereby certify that the
effect of this application was explained to and fully understood by the
applicants.
Frank D. Beaucher Title
Notary Public in and for the State of Washington, residing at
Hoquiam.
My commission expires 510209.
As references as to my competency, I submit names of the following
persons:
Alex MacLean Polson, 1412 Montview, Aberdeen, Washington, Cleveland
Jackson, Taholah, Washington, Vernon, Rouse, m Oakville, Washington.
Above Mr. Polson is a retired Legger, Mr. Jackson, professional
timber estimator Mr. Rouse is a hotel keeper.
Lyle Secena
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) as amended by the Act of
110304, (36 Stat. 1345) Trust Patent No. 1063612, 330421, was issued to
Lyle Secena, Quinault Allottee No. 2187, for lands described as: S 1/2
NE 1/4, Sec. 33, T. 24 N., R. 12 W., Williamette Meridian, Washington,
containing 80 acres.
There have been no subsequent transactions, since issuance of above
patent, affecting ownership or acreage of this allotment.
This allotment is not within a government irrigation project.
The allottee is living.
There is no record of indebtedness to the United States or the
Quinault Tribe against the land or allottee.
As of this date the ownership of the land remaining in trust or
restricted status is described as: S 1/2 NE 1/4, Sec. 33, T. 24 N., R.
12 W., W.M. containing 80 acres, more or less, embraced within the
Quinault Reservation, Allotment No. 2187, is as follows:
Lyle Secena, an undivided 100% interest.
I hereby certify that the above data is complete and correct
according to the official records of the Western Washington Agency.
Clyde E. Wren Real Property Assistant Western Washington Agency
571118
HEL-010-0374-0381
HEL-010-0371-0388
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
000000
CORRESPONDENCE
SUPT W WASH AGENCY
Realty Acq. & Disp. SECIKA, Lyle Q. 2187
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Lyle Sacena Box 152 Oakville, Washington
Dear Mr. Secena:
Pursuant to your request, and predicated upon the finding of your
being competent to prudently conduct business transactions involving
your trust property, there is respectfully presented a patent in fee to
property legally described as:
S 1/2 NE 1/4, Sec. 33, T. 24 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, a cursory inspection was made of the above
described premises.
This cursory inspection, made 571211, by staff technicians of this
office, indicates the following factors. The property is situated
approximately one quarter mile north of Highway No. 101 and is about 59
miles from the tri city area of Aberdeen, Hoquiam, and Cosmopolis. The
allotment is situated on high, level, well drained land, overlooking the
Queets River to the north. From all appearances, the timber is above
average quality. Some of the hemlock and white fir range from 150 to
200 feet merchantable height. Because good gravel can be had by
scalping a pit on the allotment, the allotment is desirable from the
standpoint of accessibility and ease of logging. For purposes of
comparison, it is noted that neighboring tracts of timber carried the
following values: Allotment No. 1305, appraised 560301, and containing
4,593 MEM timber, appraised at $82,337.38; Allotment No. 1227,
containing 2,596 MEM timber, sold for $62,500.00, the deed being
approved 570522.
This information is offered to you only as a guide and is not to be
construed as a thoroughly reliable indication of the present fair market
value of the property. The determination of your competency affords
assurance that if, at some future date, you consider the sale or
encumbrance of this property, you will secure up to date market
information from recognized authorities in the field of property
evaluation. Should you sell the property, you should consider the
feasibility of reserving all or a portion of the minerals, including oil
and gas.
It is recommended that you record this patent with the Grays Harbor
County Recorder, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is also
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
can be obtained at your post office. The State Forester, Olympia,
Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgment
is your dealings concerning this property.
Sincerely yours,
Superintendent
Enclosure: Fee Patent
HEL-010-0382-0383
HEL-010-0371-0388
SECENA, L
580415
CORRESPONDENCE
SHENKEL, W M
Western Washington Agency
Branch of Realty
Portland Area Office Branch of Realty
Lyle Socena Q-2187
Realty Appraisal
580415
Attached for your file are two copies of Inventory Report, dated
571211, covering subject property. Subject report is for use in
connection with request for patent in fee.
WMShenkel/gs
580415
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0384-0384
HEL-010-0371-0388
PAO BR OF REALTY
571216
CORRESPONDENCE
W WASH AGENCY
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
Regular Mail
For Information
TO Area Director.
FOR ATTENTION OF: Realty Section
Western Washington Agency FROM Everett, Washington
Realty
571216
Attached are 4 copies of the Inspection and Inventory of the property
SUBJECT of Lyle Socena, Quinault allotment No. 2187, described as S 1/2
NE 1/4, Sec. 33, T. 24 N., R. 12 W., W.M., containing 80 acres, more or
less. The Inventory is recommended for approval.
HEL-010-0385-0385
HEL-010-0371-0388
AREA DIR BR OF REALTY
571211
CORRESPONDENCE
MIRACLE, K R HOQUIUM SUB AGENCY
571211
C. W. Ringery, Superintendent Western Washington Agency
Kenneth R. Miracle, Forester-Appraiser Hoquium Sub-Agency
Inspection and Inventory of the property of Lyle Secena, Quinsult
allotment No. 2187, described as S 1/4 NE 1/4 Sec. 33, T. 24 N., R. 12
W., Willamette Meridian, containing 80 acres, more or less.
This property was visited on 571204, at which time an inspection was
made. The property is situated approximately one quarter mile north of
Highway 101.
The nearest community other than the Indian village of Queets is
Amenda Park, approximately 18 miles away. Here you will find a general
store, post office, cafe, garage, and several motels. A total haul of
59 miles is involved from the allotment to the mills at Grays Harbor.
Grays Harbor is a collective name for the tri city area composed of
Hoquium, Aberdeen and Cormopolis. Here such mills as Weyerheauser,
Rayonier, Elagen, E. C. Miller, Anderson & Middleton, and many others
manufacture and ship such products as lumber, plywood, paper, pulp,
furniture, cabinets, etc., to points throughout the United States and
several foreign countries.
This allotment is situated on high, level, well drained land, over
looking the Queets River to the north. From all appearances, the timber
is above average quality. Some of the hemlock and white fir range from
150 to 200 feet merchantable height. Because good gravel can be had by
scalping a pit on the allotment, makes this allotment desirable from the
standpoint of accessibility and ease of logging.
For purposes of comparison, I would like to cite the following
appraisals of neighboring tracts of timber.
Allotment No 1305 William Penn
Location E 1/4 SE 1/4 SEC 33-24-12 77.80 acres
Timber: Rod Cedar 434 MBM
Hemlock 1,803 MBM
White fir 2,317 MBM
Spruce 39 MBM
Total 4,593 MBM
Total appraised value $82,337.38
Appraised by Albert Lyford $560301
Allotment of Aggie B. Kilmer, Quin. 1227
Location: Lot 8 and NW 1/4 SW 1/4 Sec. 34-24-12, 85.25 acres
Timber: Hemlock 1,711 MBM
White fir 885 MBM
Total 2,596 MBM
Total Appraised Value $50,000.00
Appraised by W. A. Shull 560720
While both of the cited appraisals were made in 560000, when the log
market was good, these comparisons should help to give an indictation of
the amount of timber and a rough idea of it's value. However, I would
recommend that the owner have this property appraised by a qualified
forest appraiser in order to determine it's exact value.
Kenneth R. Miracle Forester Appraiser
Dated: 571211
580415 Reviewing Date
William M. Shenkel Reviewing Appraiser
NORTH WEST PORTION QUINAULT INDIAN RESERVATION WASHINGTON "Map not
Keyed, See Original"
HEL-010-0386-0388
HEL-010-0371-0388
RINGY, C W W WASH AGENCY
580625
CORRESPONDENCE
HILL, C E US DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
79632
File No. 8273,58 B. I. A.
Allotment No. Q. 1418
Western Washington Agency
Received of C. W. Ringey Superintendent U.S. Indian Agency Patent No.
1183402, issued 580624 in the name of Sarah Ida Ward Woodruff, an
Quinault Indian, for W 1/2 SW 1/4, Sec. 33, T, 24 N., R, 12 W.,
Willamette Meridian, Washington containing 80,000 acres. William E
Peres Viola Riche
Sarah Ida Ward Woodruff Patentee.
IN REPLY REFER TO: Realty Requirements 8273,58 jj
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25. D.C.
580625
Superintendent
Western Washington Agency
Fee patent numbered 1183402 issued 580624 to Sarah Ida Ward Woodruff,
Quinault allottee numbered 1418 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C.E. Hill Special Assistant, Requirements
Enclosures cc:
Area Director, Portland Form 5067 570400
HEL-010-0389-0391
HEL-010-0389-0401
SUPT BIA W WASH AGENCY
580611
CORRESPONDENCE
DIDDOCK, J L PAO
Realty 312(1)
cc: Central Office (BIA), w/encl.
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580611
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Serah Ida Ward Woodruff, allottee, for a patent in
fee on land embraced in Quinault Allotment No. 1418, pursuant to
authority delegated by Secretarial Order No. 2508 of 490111, (14 F. R.
258) and Order No. 551 of the Commissionar, Bureau of Indian Affairs,
dated 510329, (16 F. R. 2939), has been approved, pursuant to the Act of
060508, (34 Stat. 182, 25 U.S.S., 1946 Ed., sec. 349).
It is requested that a patent in fee be issued to the above-named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
W 1/2 W 1/4, Sec. 33, T. 24 N., R. 12 W., Willamette Maridian,
Washington, containing 80 acres, more or less.
Sincerely yours,
(SGD) J. L. DIDDOCK
Acting Assistant Area Director
BRANCH OF REALTY
RECEIVED
580616
RE 4224
Washington, D.C.
BUREAU OF INDIAN AFFAIRS
HEL-010-0392-0393
HEL-010-0389-0401
DIR BUREAU OF LAND MGT
000000
CORRESPONDENCE
SUPT W WASH INDIAN AGENCY
Realty Acq. & Disp. Wooruff, Sarah W. Q.1418
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Dear Mr. Foster:
There is attached the approved application, in duplicate, of Sarah
Ida Ward Woodruff, Quinault allottee No. 1418 for a patent in fee on
land which is described as:
W 1/2 SW 1/4, Sec. 33, T. 24 N., R. 12 W. Willamette Maridian,
Washington, Containing 80 acres, more or less.
Mrs. Woodruff's references, who are business persons in a position to
adequately ascertain her capabilities, attest favorably in her behalf.
The applicant has completed schooling both at Chemawa and Tulalip. She
is of mature age, the mother of nine children, and has made plans to
have an adequate home constructed with a portion of the proceeds of any
possible sale of her land. Her husband, Fred Woodruff, who is a member
of the Quinault Tribal Council, appears to be an additional source of
guidance council for Mrs. Woodruff in any future business transactions.
The applicatn has also executed the prescribed Statement of
Understanding.
The application is supported in duplicate by a Land Status Report,
copies of the letter to the patentee, and the letter to the Bureau of
Land Management is also included.
It is respectfully recommended that the applicant's request for
issuance of a fee patent be granted.
Sincerely yours,
Superintendent
Enclosures
HEL-010-0394-0394
HEL-010-0389-0401
FOSTER, D C DOI BIA PORTLAND
580000
CORRESPONDENCE
Realty Acq. & Disp. WOODRUFF, Sarah W. Q. 1418
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Certified Mail Return Receipt Requested
Mrs. Sarah I. Ward Woodruff
LaFush, Washington
Dear Mrs. Woodruff:
Pursuant to your request, and predicated upon the findings of your
being competent to prudently conduct business transactions involving
your trust property, there is respectfully presented a patent in fee to
property legally described as:
W 1/2 SW 1/4, Sec. 33, T. 24 N., R. 12 W., Willamette Meridian,
Washington, containing 80.00 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, an appraisal was made of the above described
premises. This appraisal made on 570220, by William A. Eastman, Jr.,
the fee appraiser whom you hired, indicates the following factors which
contribute to the net appraised valuation of $57,900.00.
"Table not Keyed, See Original"
An appraisal is merely an opinion of value; therefore, you are urged
to familarize yourself with prevailing market conditions before
considering a sale of your property. It would be to your advantage to
review the offers made by several potential buyers as in this way you
will be assured of receiving a fair market value.
The determination of your competency affords assurance that if at
some future date you consider the sale or encumbrance of this property
you will secure up to date market information from recognized
authorities in this field. Should you sell the property, you should
consider the feasibility of reserving all or a portion of the minerals,
including oil and gas.
It is recommended that you record this patent with the Grays Harbor
County Recorder, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is also
located at Montesano. Authoritative Federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
you can obtain at your post office. The State Forester, Olympia,
Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgment
in your dealings concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure
cc: Portland Area Office
Form No. 5 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Allottee
Sarah Ida Ward Woodruff
No. 1418
Reservation Quinault
580217
Application is hereby made for (patent in fee) for the following
described land: W 1/2 SW 1/4, Sec. 33, T. 24 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 49
2. Date of Birth 090130
3. Degree of Indian Blood full blood
4. Married
5. Education: Years in elementary school 8 High School 1 College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Russell, 16, son Martha, 15 daughter,
Delores, 11, daughter Douglas, 13, son, Patricia, 10, daughter
7. I am enrolled as a Quinault Indian
8. Permanent address LaPush, Wash.
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: my only income
is from Indian Timber money.
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 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 $ none (If not
leased, state none.)
15. b. I intend to use the proceeds of sale for the following
purposes: build a home educate children generate household & clothing
uses
I (We)# 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.
From No. 5-105 (3) 550000
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.
Sarah Ida Ward Woodruff
APPLICATION APPROVED M L Schwartz Superintendent
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights-of-way will remain in
effect.
Sarah Woodruff (Applicant)
Date 580502
L A N D S T A T U S R E P O R T
Pursuant to the Act of 870208 (24 Stat 388) as amended, trust patent
No. 1015384, dated 280423, was issued to Sarah Ida Ward, Quinault
Allottee No. 1418, for lands described as W 1/2 SW 1/4 Sec. 33, T. 24
N., R. 12 W., Willamette Meridian, Washington, containing 80 acres, more
or less.
Right-of-way for Primary State Highway No. 9 or U. S. 101 which
crosses the north 40 acres of this allotment, center line description:
A strip of land 60 feet in width, being 30 feet on each side of a center
line which bears South 76 degrees 52' East from a point on the West Line
of Sec. 33, 194.7 feet South of the West quarter corner thereof.
Acreage in right-of-way, 1.88. Approved under Act of 010303 (31 Stat.
L. 1058-1084), by S. G. Hopkins, Assistant Secretary of Interior,
180314.
There have been no other transactions affecting acreage or ownership
of Quinault Allotment No. 1418.
The land is not within an Indian irrigation project.
The original allottee is living.
There are no probate fees involved.
There is no record of indebtedness to the U. S. or the Quinault Tribe
against the land or the allottee.
As of this date, the ownership of the land remaining in trust status,
described as W 1/2 SW 1/4, Sec. 33, T. 24 N., R. 12 W., W.M., containing
80 acres, Quinault Allotment No. 1418, is as follows:
Sarah Ida Ward Woodruff: All
I hereby certify that the above data is complete and correct
according to the official records of the Western Washington Agency.
Marilyn L. Ping Realty Analyst Western Washington Agency 580424
HEL-010-0395-0401
HEL-010-0389-0401
580625
CORRESPONDENCE
HILL, C E DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
IN REPLY REFER TO:
Realty Requirements 8298-58 jj
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580625
Superintendent
Western Washington Agency
Fee patent numbered 1183403 issue 580624 to Estel Prior, Quineult
allottee numbered 2127 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Mill
Special Assistant, Requirements
Enclosure
ee: Area Director, Portland
Form 5-067 570400
RECEIPT FOR A PATENT
Allotment No. Q. 2127 File No. 79633-58 B. I. A.
Western Washington
RECEIVED OF C. W. Ringey superintendent U.S. Indian Agency fee Patent
No. 1183403, issued 580624 in the name of Estel Prior, as Quinsult
Indian, for Lots 9 and 18, Sec. 2, T. 23 N., R. 13 W., Willamette
Maridian, Washington containing 80 acres. Witness:
Everette J. Fisher John Mowitch.
Estel Prior Petentee.
HEL-010-0403-0404
HEL-010-0402-0415
SUPT BIA W WASH AGENCY
580804
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs
580804
Washington, 25 D.C.
Dear Sir: ...The original receipts for the fee patents issued the
............... . following allotments are attached for your record as
requested: ....... . Quinault No. 1902: Elmer S. Jensen
.................................... . Quinault No. 2127: Estel Prior
........................................ . Quinault No. 1335: Albert
Hugh Reed ................................... . Quinault No. 1418:
Sarah Ida Ward Woodruff ............................ .
Sincerely yours,
(Sgd) M. L. Schwartz
Acting Superintendent
Area Director, Portland, Oregon
Enclosures
HEL-010-0405-0405
HEL-01-0402-0415
COMM DOI BIA
580604
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. PRIOR, Estel Q. 2127
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
580604
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application. of Retel
Prior, Quinault allottee No. 2127, for a patent in fee on land which is
described as:
Lots 9 and 18, Sec. 2, T. 23 N., R. 13 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Mr. Prior's reference include various business men, all of whom
recommend him very highly as being industrious, dependable, and capable.
Mr. Prior's previous employment include that of being a part time
foreman in a cold storage establishment. He is presently self-employed
at commercial fishing during the season, and works for Washington Fish
and Oyster Company during the winter. His annual salary is $4,500.00.
Mr. Prior also has a reference from the Superintendent of Schools, South
Rend, Washington. He is a graduate of the local high school.
The applicant has executed the prescribed Statement of Understanding
and on his several visits to this office left a very favorable
impression as to his ability to bargain for himself. The application is
supported in duplicate by a Land Status Report and copies of the letter
to the patentee. Due Letter to the Bureau of Land Management is also
included.
As there is ample evidence of the applicant's unquestionable
competence, it is recommended that his request for issuance of a patent
in fee be granted.
Sincerely yours,
Superintendent
Enclosures
Form No. 5 05 550500 571218
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Allottee
Estel prior No. 2127 Reservation Quinault
571214 (date)
Application is hereby made for (patent in fee) for the following
described land: Lots 9 and 18 of Section 2, Twp. 23 North, Range 13
West, W.W.
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 36
2. Date of Birth 211204
3. Degree of Indian Blood 1/16
4. Married (strike out one)
5. Education: Years in elementary school 8 High School 4
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Anna Maue (24 yrs) Wife, Gary, son (1 yr)
Ernest, (4 yrs) son Perry (5 yrs) son and shery (7 yrs) daughter
7. I am enrolled as a Iwinault Indian (Name of Tribe)
8. Permanent address 518 Broadway South Bend Wash.
9. The amount of my annual income is $4500
#Strike out words not applicable.
10. My income is obtained from the following sources: Fishing and
Oystering
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 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 $ 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:
selling timber and reforest land
b. I intend to use the proceeds of sale for the following purposes:
Home car and Limeboat bonds
I (We)# 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.
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.
Estel Prior.
Subscribed and sworn before me this 571214 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants and the application is hereby approved.
John W. Libby Title Forest Manager
APPLICATION APPROVED 580519 Claude D. Albright Superintendent
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Estel Prior (Applicant)
Date 580506
LAND STATUS REPORT
Pursuant to the Act of 870208, (24 Stat. 388) trust patent No.
1063555, dated 330421, was issued to Estel Prior, Quinault Allottee No.
2127, for lands described as Lots 9 and 18, Sec. 2, T. 23 N., R. 13 W.,
Willamette Meridian, Washington, containing 80 acres, more or less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of above allotment.
The land is not within an Indian irrigation project.
The original allottee is living.
There are no probate fees involved.
There is no record of indebtedness to the U.S. or the Quinault Tribe
against the land or allottee.
As of this date, Quinault Allotment No. 2127, described as Lots 9 and
18, Sec. 2, T. 23 N., R. 13 W., W.M., containing 80 acres, more or less,
remains in trust in the ownership of original allottee, Estel Prior.
I hereby certify that the above date is complete and correct
according to the official records of the Western Washington Agency.
Marilyn L. Ping Realty Analyst Western Washington Agency 580424
HEL-010-0407-0412
HEL-010-0402-0415
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
000000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. PRIOR, Estel Q. 2127
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Estel Prior 518 Broadway South Band, Washington
Dear Mr. Prior:
Pursuan to your request, and predicated upon the finding of your
being competent to prudently conduct business transactions involving
your trust property, there is respectfully presented a patent in fee to
property legally described as:
Lots 9 and 18, See. 2, T, 23 N., R. 13 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, and appraisal was made of the above described
premises.
This appraisal made by staff technicians of this office on 560725,
Indicates the property is in two 40 acres tracts, one fourth to one half
mile southeast of the Olympic Highway, some 67 miles from Hoquiam,
Washington, in an area of undeveloped virgin timber. Each 40 acres
tract has a stream draining westward through it. The area along these
streams is flat and swampy, bearing no merchantable timber. It appears
that the area could best be tractor logged during dry weather.
At the time the allotment was inspected, it was found that the
following factors contribute to the appraised valuation of $79,500.00.
("Table not keyed see original")
An appraisal is merely an opinion of value; therefore, you are urged
to familiarize yourself with prevailing market conditions before
considering a safe of your property. It would be to your advantage to
review the offers made by several potential buyers, as in this manner
you will be assured of receiving a fair current market value.
The determination of your competency affords assurance that if at
some future data you consider the sale or encumbrance of this property,
you will secure up to date market information from recognized
authorities in this field. Should you sell the property, you should
consider the feasibility of reserving all or a portion of the minerals,
including oil and gas.
It is recommended that you record this patent with the Grays Harbor
county Recorder, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is also
located at Montesano. Authoritative income tax information can be
obtained from the District Director, Internal Revenue Service, Tacom 2,
Washington, or from your local branch office, the address of which can
be obtained at your post office. The State Forester, Olympia,
Washington, can furnish information on the various regulations pertaning
to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgment
in your dealings concerning this property.
Sincerely Yours
C. W. Ringey Superintendent
Enclosure
cc: Portland Area Office
INTER OFFICE TRANSMITTAL
Western Wash, Agency
Realty
Portland Area Office Realty Branch
Realty 16558-56
561212
Attached are two approved copies of reappraisal report, approved by
the Chief Appraiser on 001205 covering the following property:
Allotment No. Q-2127
Acreage 80
Fair Market Value $79,500.00
cc: Branch subject Branch chrony
HEL-010-0413-0415
HEL-010-0402-0415
PRIOR, E
561205
CORRESPONDENCE
MATHIS, G W
BUREAU OF INDIAN AFFAIRS RECEIVED 561210 REALTY PORTLAND
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER OFFICE TRANSMITTAL
Regular Mail
TO Area Director, Portland, Oregon
From Geo. W. Mathis, Chief Appraiser
FILE REFERENCE:
Realty 16558-56
DATE: 561205
SUBJECT Attached appraisal report is approved in accordance with the
Reviewing Appraiser's Statement covering property of Estel Prior,
Quinault Allotment No. 2127.
COPY
HEL-010-0416-0416
HEL-010-0416-0443
AREA DIR DOI BIA PORTLAND
561129
CORRESPONDENCE
SKARRA, P E PAO
Realty
Portland Area Office Post Office box 4097 Portland 8, Oregon
561129
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Attention: Mr George W. Mathis Chief Appraiser
Dear Sir:
Timber cruise and reappraisal report, dated 560725, covering the
property of Estel Prior, Quinault Allotment No. 2127, consisting of 80
acres, with an appraised value of $79,500.00 for the subject land and
merchantable timber, is forwarded herewith in duplicate for review and
approval.
Analysis of the subject appraisal contained in review memorandum
attached to the appraisal report, dated 561127 points out the lack of
reliable comparable sale date in support of timber value, and sets forth
the basis whereby approval may be justified.
According to information furnished by the Western Washington Agency,
a supervised sale of the subject property is contemplated.
Sincerely yours,
(Sgd) Perry E. Skarra
Acting Area Director
Enclosures
cc: Western Washington Agency Branch subject Branch chrony Yellow
chrony
LWOgden/km 561128
HEL-01-0417-0417
HEL-01-0416-0443
COMM DOI BIA
560807
CORRESPONDENCE
SUPT W WASH AGENCY
Realty PRIOR, Estel Q. 2127 S-68
Field Service Western Washington Agency P. O. Box 915 Everett,
Washington
560807
Mr. Don C. Foster Area Director Portland Area Office
ATTENTION: Realty Section
Dear Mr. Foster:
There is attached in quadruplicate a staff reappraisal of the
allotment of Estal Prior, Quinault No. 2127. Mr. Libby's memo of
000725th is also attached in quadruplicate explaining why the
re-appraisal was made. The revised appraisal is recommended for
acceptance.
Very truly yours,
Superintendent
HEL-010-0418-0418
HEL-010-0416-0443
FOSTER, D C DOI BIA PORTLAND
560725
CORRESPONDENCE
LIBBY, J W DOI BIA
560725
C. W. Ringey, Superintendent
John W. Libby, Forest Manager
Reappraisal of Estel Prior allotment No. 2127, Quinault Reservation
This allotment was cruised and appraised by Mr. Daniel M. Baris in
540700. Mr Baris made a 20% strip cruise of the two forties and found a
total volume of 4,508,000 bd, ft. of timber of which 3,750,000 bd. ft.
was cedar, 290,000 bd. ft. was hemlock, 440,000 bd. ft. was white fir,
12,000 bd. ft. was white pine, and 16,000 bd. ft. was spruce. The cedar
was found to be of excellent quality with 35 percent estimated to be No.
1 sawmill grade. Mr. Baris reported 20 acres of swamp in the allotment.
His total estimated value for the allotment was $57,490.14.
Under date of October 31, 1955, the allotment was reappraised by the
writer, using, volume and grade estimates from the Baris report, for a
total estimated value of $98,975.00. This appraisal was supported by
supplemental information submitted as of 560227.
The allotment was advertised for sale, with bids opened 560604.
Three bids were received as follows:
1. Rayonier Incorporated $25,100.00
2. Mayr Brothers Logging Co, Inc $22,500.00
3. West Coast Plywood Co $50,100.00
All bids were rejected.
Subsequently, the writer, accompanied by Mr. L. C. McKeever, made a
personal inspection of the allotment. A cursory examination revealed
two things: (1) The quality of the cedar in the stand was not as high
as indicated by the Baris report. (2) The swamp area was more extensive
than shown by that report.
The matter was discussed with Mr. Robert Hutchinson, Head of the
Realty Branch in Everett, and it was agreed to withhold this allotment
from sale pending a recruise and reappraisal.
During the 000704 logging shutdown, the allotment was cruised by
Foresters L. C. McKeever and Onnie Paakkonen, assisted by Foresters
Kenneth Miracle and Edward Winsor. Lot 9 was cruised by Mr. McKeever
and Lot 18 by Mr. Paakkonen. It was found that half of Lot 9 was swamp
bearing no merchantable volume. Lot 18 has 10 acres of swamp. This was
an increase in unmerchantable area for the entire allotment of 50
percent over that shown in the Baris report.
Mr. Ringey,
Mr. Libby,
Reappraisal of Estel Prior Allotment No. 2127
Mr. Paakkonen estimated the cedar on Lot 18 to be 20 percent No. 1
grade. Mr. McKeever found the cedar on Lot 9 to be 22 percent No. 1.
The total volume of cedar found by McKeever and Paakkonen on the entire
allotment was 2,809,570 board feet as compared with 3,750,000 board feet
estimated by Mr. Baris. Much of this difference is a result of the
difference in unmerchantable swamp area reported. The balance is
apparently the result of more conservation on the part of McKeever and
Paakkonen in estimating net volume in cedar windfalls which make up
approximately half of the total cedar volume.
The estimates of swamp acreage and of cedar quality as reported by
McKeever and Paakkonen are supported by the writers personal
observations. Both are well qualified to estimate timber volumes and
qualities. Accordingly, the allotment has been reappraised and the
report of the same is enclosed.
John W. Libby, Forest Manager
HEL-010-0419-0420
HEL-010-0416-0443
RINGEY, C W DOI BIA
560725
CORRESPONDENCE
LIBBY, J W DOI BIA
C. W. Ringey, Superintendent 560725
John W. Libby, Forest Manager
Reappraisal of Estel Prior allotment No. 2127, Quinault Reservation
This allotment was cruised and appraised by Mr. Daniel M, Beris in
540700. Mr. Beris made a 20% strip cruise of the two forties and found
a total volume of 4,508,000 bd. ft. of timber of which 3,750,000 bd. ft.
was cedar, 290,000 bd. ft. was hemlock 440,000 bd. ft. was white fir,
12,000 bd. ft. was white pine, and 16,000 bd. ft. was spruce. The order
was found to be of excellent quality with 35 percent estimated to be No.
1 sawmill grade. Mr. Baris reported 20 acres of swamp in the allotment.
His total estimated value for the allotment was $57,490.14.
Under date of 551031, the allotment was reappraised by the write,
using volume and grade estimates from the Beris report for a total
estimated value of $98,975.00. The appraisal was supported by
supplemental information submitted as of 560227.
The allotment was advertised for sale, with bids opened 560604.
Three bids were received as follow:
1. Rayonier Incorporated $25,100.00
2. Mayr Brothers Logging Co Inc $22.500.00
3. West Cost Plywood Co $50,100.00
All bids were rejected.
Subsequently, the writer accompanied by Mr. L. C. McKeever; made a
personal inspection of the allotment. A cursory examination revealed
two things: (1) The quality of the cedar in the stand was not as high
as indicated by the Beris report. (2) The swamp area was more extensive
than shown by that report.
The matter was discussed with Mr. Robert Hutchinson, Head of the
Realty Branch in Everett, and it was agreed to withhold this allotment
from sale pending a recriuse and reappraisal.
During the 000704, logging shut-down, the allotment was cruised by
Forester L. C. McKeever and Onnie Parkkonen, assisted by Forestore
Kenneth Miracle and Edward Winsor. Lot 9 was cruised by Mr. McKeever
and Lot 18 by Mr. Faakkonen. It was found that half of Lot 9 was swamp
bearing no merchantable volume. Lot 18 had 10 acres of swamp. This was
an increase in unmerchantable area for the entire allotment of 50
percent over that shown in the Beris report.
Mr. Ringey,
Mr. Libby,
Reappraisal of Estel Allotment No. 2127
Mr. Paakkenen estimated the cedar on Lot 18 to be 20 percent No. 1
grade. Mr. McKeever found the cedar on Lot 9 to be 22 percent No. 1.
The total volume of cedar found by McKeever and Paakkenen on the entire
allotment was 2,809,570 board feet as compared with 3,750,000 board feet
estimated by Mr. Rayis. Much of this difference is a result of the
difference in unmerchantable swamp area reported. The balance is
apparently the result of more conservation on the part of McKeever and
Paakkenen in estimating not volume in cedar windfalls which make up
approximately half of the total cedar volume.
The estimates of swamp acreage and of cedar quality as reported by
McKeever and Paakkenen are supported by the writer's personal
observation. Both are well qualified to estimate timber volume and
qualities. Accordingly, the allotment has been reappraised and the
report of the same is enclosed.
(Sgd)
John W. Libby Forest Manager JWL:kf
HEL-010-0421-0422
HEL-010-0416-0443
RINGEY, C W DOI BIA
560601
CORRESPONDENCE
BRUCE, D H PAO
cc Branch subject Branch chrony Yellow chrony
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
560601
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
It is assumed that it has come to your attention by now that the
invitation for bids on Indian lands offered for sale, opering 000604,
incorrectly describes Item 16, the allotment of Estel Prior, in that the
range should be 13 West instead of 12 West.
Unless a memorandum correcting this error was sent to all prospective
bidders, it may be necessary to re-advertise this land.
Sincerely yours,
D. H. Bruce Area Realty Officer
DHBruce/cj 560601
HEL-010-0423-0423
HEL-010-0416-0443
RINGEY, C W W WASH AGENCY
560403
CORRESPONDENCE
BRUCE, D H PAO
cc Branch subject Branch chrony Yellow chrony
Realty 3690-56
Portland Area Office Post Office Box 4097 Portland 8, Oregon
560403
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal report, dated 551031, covering the Estal Prior property,
Quinault Allotment No. 2137, consisting of 80 acres, has been approved
in the total fair market value of $98,975.00 for the lands and
merchantable timber thereon. The report has been approved by Assistant
Commissioner, E. J. Uts.
Approved report in duplicate is returned herewith for your
information and use.
Sincerely yours,
D. H. Bruce Area Realty Officer
Enclosure HMZiegler:mhl 560403
HEL-010-0424-0424
HEL-010-0416-0443
RINGEY, C W W WASH AGENCY
560000
CORRESPONDENCE
UTZ, E US DOI BIA
IN REPLY REFER TO:
Realty 3690-56
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25. D.C.
Mr. Don C. Foster
Area Director, Portland, Oregon
Dear Mr. Foster:
Receipt is acknowledged of the appraisal report submitted with the
Acting Area Director's letter of 000316, covering the Estel Prior
allotment No. 2127, consisting of 80 acres within the Quinault
Reservation described as Lots 9 and 18, sec. 2, T. 23 N., R. 13 W.,
Willamette meridian, Washington. The land is appraised at $98,975.
The appraisal report is approved and enclosed herewith. The
duplicate copy of the report should be returned to this office with the
completed sales documents.
Sincerely yours, Commissioner
Enclosure
HEL-010-0425-0425
HEL-010-0416-0443
FOSTER, D C DOI BIA PORTLAND
560319
CORRESPONDENCE
BRUCE, D H PAO
cc: Branch subject Branch chrony Yellow chrony
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
560319
Mr. C. W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Timber cruise and appraisal report, dated 551031, and supplemental
report thereto, dated 560227, covering the Estel Prior property,
Quinault Allotment No. 2127, consisting of 80 acres, with a total
appraised valuation of $98,975.00 for the subject lands and merchantable
timber thereon, has been forwarded to the Office of the Commissioner for
review and approval.
There is returned herewith one incomplete copy of the cruise and
appraisal. Portions of the report are missing as indicated. We were
able to assemble three complete reports, two of which were forwarded for
approval.
Sincerely yours,
(Sgd) D. H. Bruce
Area Realty Officer Enclosure HHEieglerimhl 560319
HEL-010-0426-0426
HEL-010-0416-0443
RINGEY, C W BIA W WASH AGENCY
560316
CORRESPONDENCE
SKARRA, P E PAO
cc: Branch subject Branch chrony Yellow chrony Western Washington
Agency
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
560316
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Dear Sir:
Timber cruise and appraisal report, dated 551031, and supplemental
report thereto, dated 560227, covering the Estel Prior property,
Quinault Allotment. No. 2127, consisting of 80 acres, is forwarded
herewith in duplicate for review and approval. A realistic total
appraised valuation would appear to be $99,000.00.
The total appraised fair market value for the subject lands and
merchantable timber thereon is considered to be within a reasonable
range of fair market value, however timber sales data recently submitted
by contract cruiser-appraisers in the same area indicates that the total
valuation may be somewhat low as there is some difference of opinion as
to the proper interpretation and application of the current log and
stampage values disclosed by recent sales in western Washington.
As indicated by the intervening period of several months between the
date of the appraisal and the date of the supplemental report, this
appraisal was referred to the Western Washington Agency for
reconsideration and additional sales data in support of the stumpage
valuations.
Approval of the subject timber cruise and appraisal is recommended.
It is contemplated that the subject lands and timber will be offered for
sale by sealed bids in the near future.
Sincerely yours,
Perry E. Skarra Area Director
Enclosure HMZiegler:mhl 560316
HEL-010-0427-0427
HEL-010-0416-0443
COMM DOI BIA
560312
CORRESPONDENCE
RINGEY, C M W WASH AGENCY
Field Service Western Washington Agency P.O. Box 915 Everett,
Washington
560412
Mr. Don Foster, Area Director Portland Area Office Portland, Oregon
ATTENTION: Realty Section
Dear Mr. Foster:
There is enclosed an appraisal report on the allotment of Estel
Prior, Quinault Allottee No. 2127.
The Appraisal Report bears a supplement. The computations have been
checked in the Agency office and no variations have been discovered. It
is proposed to conduct a supervised public bid sale on this allotment.
Approval of the Appraisal Report is recommended. The report is
enclosed in quadruplicate.
Very truly yours,
C.W. Ringey Superintendent
RHHUTCHINSON:js Encl: 1 (quad)
HEL-010-0428-0428
HEL-010-0416-0443
FOSTER, D PAO
560131
CORRESPONDENCE
AREA DIR PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal report, dated 551031, covering the property of Estel Prior,
Quinault Allotment No. 2127, consisting of 80 acres, is returned
herewith in duplicate for revision and additional information as
hereinafter noted.
This appraisal report has been discussed with the appraiser at the
Area Office; however, the return of the report was held in abeyance
awaiting the outcome of several discussions and a conference at the Area
Office on 560120, when George W. Mathis, Acting Chief, Branch of Realty,
was present. It was agreed that timber under contract should be valued
according to the current prices under the contract and all other timber
valued as indicated by comparable sales in the open market.
In this case, supporting sales information is required to
substantiate both the land and timber valuations. It is also requested
that the front page be completed to show the acreage involved and the
type and character thereof. It is also desirable and helpful if the
allotment identification is included with the ownership information.
One additional complete copy of the appraisal report will be required
as the total valuation indicated will necessitate approval at the Office
of the Commissioner.
Further consideration will be given to the subject appraisal report
when the additional information requested herein has been furnished.
Sincerely yours,
Area Director
Enclosures HMZiegler:vas 560131
HEL-010-0429-0429
HEL-010-0416-0443
RINGEY, C W W WASH AGENCY
560111
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
560111
Miss Estel Prior Post Office Box 904 South Bend, Washington
Dear Miss Prior:
Receipt is acknowledged of your letter of 551223, concerning your
application for a patent in fee to your allotment, Quinault No. 2127,
and the fact that you have received no notification from action taken by
this office.
Your application for a patent in fee has not been presented to this
office for consideration. The Superintendent of the Western Washington
Agency considers the applications for patents in fee in their proper
turn and will undoubtedly present the case to this office after action
has been taken on the application.
A copy of your letter, as well as a copy of this letter, is being
forwarded to the Superintendent of the Western Washington Agency with
the request that he inform you as to the present status of this matter.
Sincerely yours,
D. H. Bruce Area Realty Officer
cc: Western Washington Agency w/enel.
JLDiddock:vms
Form 5-110a
APPRAISAL REPORT
Area: Portland
Agency: Western Washington
Property of: Estal Prior Quinault Allottee No. 2127
Address: South Bend, Washington
Purpose of Appraisal: To determine fair market of fee simple title
Legal Description: Lots 9 and 18, Sec. 2, T. 23 N., E. 13 W.,
Willamette Meridian
State: Wash.
County: Grays Harbor
Range: 13 W.,
Township: 23 N., B&M
No. Acres: 80
Type & Character: Virgin Forest
APPRAISED VALUATION AS OF 560725
FAIR MARKET VALUE $79,500.00
I certify that I have carefully examined the above described premises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intended future interest therein.
560725
REVIEW MEMORANDUM ATTACHED
RECOMMENDED: 561128
Herbert M. Ziegier
Reviewing Appraised
John W. Libby, Appraiser Forest Manager
Approved 561205 by Chief Appraiser on Review Memorandum attached.
5-110a
PROPERTY OF: Estal Prior, Quin, 2127
5-110a
PROPERTY OF: Estal Prior, Quin. 2127
INSPECTION OF PROPERTY: By Foresters L. C. McKeever and Onnie
Paakkonen, 560701-06. By John W. Libby and L. C. McKeever in 560600.
LOCATION: NEIGHBORHOOD ANALYSIS: The property is in two 40 acre
tracts, 1/4 to 1/2 mile southeast of the Olympic Highway, some 67 miles
from Hoquian, Washington, in an area of undeveloped virgin timber.
ADAPTABILITY CHARACTER AND TOPOGRAPHY: Each 40 acre tract has a
stream draining westward through it. The area along these streams is
flat and swampy, bearing no merchantable timber. Slopes vary from five
to thirty percent upward from the flat swamp land. Soil on the higher
ground is gravally clay and the area could be tractor logged during dry
weather.
PROPERTY OF:
Estel Prior, Quin, 2127
DETAIL DESCRIPTION OF LAND:
This is all undeveloped forest land. The thirty acres of swamp land
is brush-covered and will remain unproductive unless drained. The
balance of the area is undeveloped virgin timber land, suitable only for
production of timber, the terrain being rough and hilly. This portion
is well-drained and is good, forest soil.
PROPERTY OF: Estal Prior, Quin. 2127
DETAILED DESCRIPTION OF IMPROVEMENTS:
There are no improvements on the land.
PROPERTY OF: Estel Prior, Quin. 2127
MARKET DATA COMPARISONS AND ANALYSIS:
Three tracts of land on the Quinault Reservation, sold during 001100
and 551200, furnish a good basis for comparison with the subject tract.
1. Waterman Harlow allotment No. 251, described as E1/2SW1/4 Sec.
32, T. 24 N., R. 12 W., Willamette Meridian, Washington, SO acres.
This was a virgin forest stand, bisected by the Olympic Highway, and
is about equally distant from potential markets as the subject tract.
It bore an estimated volume of 3,794 M board feet of timber of which 2
1/2 million was hemlock, 800 M was white fir, 1/2 million was cedar and
50 M was sitka spruce. The hemlock and white fir were of slightly
better quality than that on the subject tract. The spruce was about the
same. The cedar was much poorer. It sold for $89,156.00.
2. A portion of the Laven Coe allotment No. 695, described as Lot 5,
Sec. 35, T. 24 N., R. 12 W., Willamette Meridian, 40.49 acres.
This was a virgin stand, located less than 1/4 mile from a good
gravelled road approximately 3/4 miles north of the Olympic Highway, and
some five miles closer to Hoquiam, Washington, the nearest potential
market, than the subject tract. The timber volume was estimated as
1,320 M board feet, consisting of 650 M feet of spruce, 590 M feet of
hemlock and 80 M feet of cedar. The spruce was good, the hemlock and
cedar below average in quality. This tract sold for $20,695.00.
3. The Cla-Wa-Sa-Tub allotment No. 1018, described as S1/2SW1/4 Sec.
35, T. 24 N., B. 12 W., Willamette Meridian, 80 acres.
This was a virgin forest stand, located about 200 feet north of the
Olympic Highway at it's nearest point, and approximately five miles
nearer to Hoquian than the subject tract. It bore an estimated timber
volume of 3,279 M board feet of which 2,587 M feet was hemlock. The
timber quality of all species on this tract compared well with that on
the subject tract. This allotment sold for $92,600.00
Two recent sales of cut-over land on the reservation brought prices
of $15.00 and $20.00 per acre respectively. Both tracts were accessible
and within forty miles of Hoquian. The second of these tracts contained
an area of low-quality cedar poles and reproduction that added to it's
value.
PROPERTY OF: Estel Prior, Quin. 2127
CAPITALIZATION OF INCOME ANALYSIS:
Appraisal based on quality of timber, log market prices for Puget
Sound and Grays Harbor Markets and estimated logging costs.
"Table not Keyed, See Original"
PROPERTY OF: Estal Prior, Quin. 2127
SUMMARY OF LAND VALUES
"Table not Keyed, See Original"
PROPERTY OF: Estel Prior, Quin. 2127
CORRELATION OF METHODS - SUMMARY CONCLUSIONS:
The standard timber appraisal based on log market values gives a
timber value of $78,686.36. Comparable tracts listed would indicate
somewhat higher values. However, the comparable tracts listed were all
readily accessible and each of them was all in one piece. The subject
tract is in two separated forty acre lots and it's development will
require right-of-way acquisition and road construction.
One other factor should be considered. The comparables listed on
page 6 bore timber stands that were predominately hemlock or spruce.
Competition for these species is much stronger than for cedar.
Pulp and Plywood Mills will not bid strongly for predominatly cedar
stands since they can only use cedar as trading stock with cedar mills
to secure other species for their own plants.
It is the opinion of the writer that the predominance of cedar on the
subject tract removes much of the competetive interest. Considering
this fast, together with the problems of access and development, it is
concluded that the appraised value as determined on the basis of log
market prices, represents the fair value of the timber on this
allotment.
A reasonable bare land value for good forest land in the vicinity of
the subject allotment is $10.00 to $15.00 per acre, depending on
location, accessibility, terran and other factors. Thirty acres of the
subject tract is non-productive swamp land of negligible value. A price
of $5.00 per acre would be excessive for such land by itself.
After consideration of all factors involved, it is the writer's
opinion that an average value of $10.00 per acre for the entire
allotment is reasonable and fair.
5-110a
PROPERTY OF: Estel Prior, Quin. 2127
CORRELATION OF METHODS SUMMARY CONCLUSIONS:
The standard timber appraisal based on log market values gives a
timber value of $78,686.36. Comparable tracts listed would indicate
somewhat higher values. However, the comparable tracts listed were all
readily accesible and each of them was all in one piece. The subject
tract is in two separated forty acre lots and it's development will
require right of way acquisition and road construction.
One other factor should be considered. The comparables listed on
page 6 bore timber stands that were predominately hemlock or spruce.
Competition for these species is much stronger than for cedar.
Pulp and Plywood Mills will not bid strongly for predominately cedar
stands since they can only use cedar as trading stock with cedar mills
to secure other species for their own plants.
It is the opinion of the writer that the predominance of cedar on the
subject tract removes much of the competitive interest. Considering
this fact, together with the problems of access and development, it is
concluded that the appraised value as determined on the basis of log
market prices, represents the fair value of the timber on this
allotment.
A reasonable bare land value for good forest land in the vicinity of
the subject allotment is $10.00 to $15.00 per acre, depending on
location, accessibility, terrain and other factors. Thirty acres of the
subject tract is non productive swamp land of negligible value. A price
of $5.00 per acre would be excessive for such land by itself.
After consideration of all factors involved, it is the writer's
opinion that an average value of $10.00 per acre for the entire
allotment is reasonable and fair.
Estel Prior Allotment Quinault No. 2127
"Map not Keyed, See Original"
QUINAIELT INDIAN RESERVATION WASHINGTON
"Map not Keyed, See Original"
561127
REVIEW MEMORANDUM
Subject: Timber cruise and appraisal report covering the property of
Estel Prior, Allotment No. 2127, consisting of 80 acres within the
Quinault Reservation, Grays Harbor County, Washington.
This is a reappraisal of the subject tract. Originally it was
appraised by John W. Libby at a value of $98,975.00, dated 551031. The
present appraisal is again prepared by Mr. Libby and appraised at a
value of $79,500.00, dated 560725. The primary difference in value
occurs as a result of a new cruise requested by Mr. Libby after the
subject tract did not receive bids on a supervised sale comparable to
the original appraised valuation. The new timber cruise revealed there
is considerable less volume of timber and the grade of cedar is lower
than indicated by the prior cruise.
The merchantable timber on the subject allotment is disclosed by the
present cruise to be by volume approximately 83.6% red cedar, 7.6%
hemlock, 8% white fir and .8% spruce and pine, of which 70 to 80% of the
red cedar is in the lower grades.
The sales used for supporting data are Bureau of Indian Affairs
supervised sales. The timber and land was sold as a unit and there is
no possible way for breaking the sale down to arrive at a unit value per
specie, or to separate the land value from the timber value. An
analysis of the sales indicate the timber involved was predominately
hemlock and other species with a small amount of cedar as illustrated
below, a reverse of the timber situated on the subject tract.
"Table not Keyed, See Original"
There is a steady to strong market for all grades of hemlock, white
fir and spruce, whereas no bids were received on recent offerings of
timber where cedar is the predominant specie, by the State of Washington
and Bureau of Indian Affairs. The market for cedar is especially poor
where the larger portion of the cedar is in the lower grades.
Sales supporting land value are not complete. The location, date of
sale overall selling price, and the buyer's and seller's names are
omitted.
In the final analysis the subject appraisal contains no comparable
sales information in support of the appraised value of the timber, and
one must trust the judgment of the appraiser entirely on the
comparability of sales in support of the land value on the subject
tract. Approval is recommended based solely on the log market approach
to value and the opinion of the appraiser as being the most reliable
information available to this office.
(Sgd)
Lloyd W. Ogden Land Appraised
Concur
(Sgd) Herbert M Zieglar Reviewing Appraiser
APPROVED 761205
/s/ George W. Mathis Chief Appraiser
HEL-010-0430-0443
HEL-010-0416-0443
PRIOR, E
580708
CORRESPONDENCE
HILL, C E DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
ORIGINAL
79692
File No. 8991-58 B. I. A.
Allotment No. Q. 1335
Western Washington Agency
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee)
Patent No. 1184393, issued 580707 in the name of ALBERT HUGH REED, as
Quinault Indian, for Lots 3 and 4, Sec. 30, T. 22 N., R. 12 W.,
Willamette Meridian, Washington, containing 79.29 acres
Albert Hugh Reed Patentee.
IN REPLY REFER TO: Realty Requirements 8991-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580708
Superintendent
Western Washington Agency
Fee patent numbered 1184393 issued 580707 to Albert Hugh Reed,
Quinault allottee numbered 1335 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067
570400
HEL-010-0444-0446
HEL-010-0444-0464
SUPT W WASH AGENCY
580620
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1) Realty Acc. & Disp. 6582-58
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580620
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
The application of Albert Hugh Reed, allottee, for a patent in fee on
land embraced in Quinsult allotment No. 1335, pursuant to authority
delegated by Secretarial Order No. 2508 of 490111, (14 F.R. 258) and
Order No. 551 of the Commissioner, Bureau of Indian Affairs, dated
510329, (16 F.R. 2939) has been approved, pursuant to the Act of 060508,
(34 Stat. 182, 25 U.S.C., 1946 Ed., sec. 349).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
Lots 3 and 4, Sec. 30, T. 22 N., R. 12 W., Willamette Maridian,
Washington, containing 79.29 acres, more or less.
Sincerely yours,
Perry Skarra
Assistant Area Director cc: Central Office (BIA)w/encl. Western
Washington Agency (2)
HEL-010-0447-0447
HEL-010-0444-0464
DIR BUREAU OF LAND MGT
580610
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. REED, Albert Hugh Q. 1335
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
580610
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Albert
Hugh Reed, Quinault allottee No. 1335, for a patent in fee on land which
is described as:
Lots 3 and 4, Sec. 30, T. 22 N., R. 12 W., Willamette Meridian,
Washington, containing 79.29 acres, more or less.
The applicant's references include business and professional persons
who speak highly of him. Mr. Reed has had credit dealings with various
business establishments and has in all known cases met his obligations
exceptionally well. For the past two or more years, he has operated a
successful fish buying business and operated a retail fish market.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report, copies of the letter to the patentee,
letter to the contractor, and letter to the applicant regarding the
timber contract. The letter to the Bureau of Land Management is also
enclosed.
As the applicant appears to be unquestionably competent to manage his
own trust allotment, it is respectfully recommended that his request for
issuance of a fee patent be granted.
Sincerely yours,
Superintendent
Enclosures
HEL-010-0448-0448
HEL-010-0444-0464
FOSTER D C DOI BIA PORTLAND
580618
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. REED, Albert Q. 1335
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580618
Mr. Albert Hugh Reed 307 West 132d Street Seattle 77, Washington
Dear Mr. Reed:
In processing your application for issuance of a patent in fee on
your Quinault allotment, it was noted that you made an alteration on the
Statement of Understanding which was sent to you for signature. In the
final statement which states, quote: "I also understand that
encumbrances such as permits, leases, timber contracts, and rights of
way will remain in effect." unquote, you crossed out timber contracts.
Not withstanding this deletion, it is again specifically pointed out
that your allotment is subject to timber contract I-101-Ind-1766, which
expires 790401. As stated in our letter to you dated 580110, and as
stipulated on the above listed Statement of Understanding, the issuance
of the fee patent on you allotment will in no way affect the existence
or validity of this timber contract.
The Statement of Understanding does not constitute an agreement that
you will accept the patent in fee subject to the timber contract, it is
rather a form on which you verify the fact that you understand that any
valid encumbrance, including timber contracts, will in no way be
cancelled or altered because a patent in fee is to be issued.
If you object to receiving a patent in fee while the allotment is
under timber contract, you may make your wishes known, by return mail,
and immediate stops will be taken in your behalf to cancel your
application. If a reply in not forthcoming, we shall proceed as
originally requested by you.
Sincerely yours,
C. W. Ringey Superintendent
Copies to: Portland Area Office (2)
HEL-010-0449-0449
HEL-010-0444-0464
REED, A H
580617
CORRESPONDENCE
DIDDOCK, J L BR OF REALTY
580617
Mr. C. W. Ringey Superintendent, Western Washington Agency
Attention: Branch of Realty
Portland Area Office Branch of Realty
Application of Albert Hugh Reed for fee patent on Quinaielt allotment
No. 1335.
We have your transmittal slip with attached yellow and pink copies of
the letter to the BLM for issuance of the above patent. Also the yellow
copy of your letter of 061000 submitting the case to this office. We
are returning this yellow copy as the transmittal latters are needed
only in duplicate.
These papers were evidently mailed out before receipt of our
memorandum of 061200 requesting information as to a possible logging
road right of way on allotment 1335, and also information as to the
delation in the applicants Statement of Understanding which was included
in the case file. We would appreciate an early report on these matters
so that the case may be given further attention as soon as possible.
J. L. Diddock Area Realty Officer
Enclosure cc: Branch subject Branch chrony Yellow chrony
GMLeighton/so 580617
HEL-010-0450-0450
HEL-010-0444-0464
RINGEY, C W W WASH AGENCY BR OF REALTY
580612
CORRESPONDENCE
DIDDOCK, J L BR OF REALTY
580612
Mr. C. W. Ringey Superintendent, Western Washington Agency
Attention: Branch of Realty
Portland Area Office Branch of Realty
Application of Albert Hugh Reed for fee patent on Quinaielt allotment
1335.
Attached is the Statement of Understanding which was included with
the above case file submitted on 061000. In this Statement, the words
"timber contracts" have been deleted. This, of course, would in no wise
alter the provisions set forth in the regulations (54 IAM 2.1.2), i.e.,
"+++"the land will remain subject to any existing contract or permit."
We assume that this provision was fully explained to the applicant as
your letter addressed to him, a copy of which was included in the file,
informed him that issuance of the patent would not affect the validity
of the existing contract. However, the copy of this letter does not
show when the letter was mailed out. It is undated, as is also the copy
of letter addressed to the Aloha Lumber Corporation. Before action is
taken on Mr. Reed's application, we would appreciate receiving
information concerning this deletion.
We note also that no rights of way are shown in the Land Status
Report. However, if there are any rights of way for logging roads they
"+++++are to be noted in any patents issued for land on the Quinaielt
Reservation, subject to such right of way." (See the Commissioner's
letter of 570412, a copy of which was furnished the Western Washington
Agency.) When furnishing the above information relative to deletion in
the Statement of Understanding, will you please also advise whether a
right of way is involved. If there is a right of way, a new Land Status
Report would be needed. Also advise what date your letters to Aloha and
the applicant were mailed so that we may enter the dates on the copies
in the file.
An early reply would be appreciated since we have had a Congressional
inquiry on this case.
J. L. Diddock Area Realty Officer
Enclosure
HEL-010-0451-0451
HEL-010-0444-0464
RINGEY, C W W WASH AGENCY PAO BR OF REALTY
580610
CORRESPONDENCE
DUBRAY, F F BR OF REALTY
580610
J. L. Diddock, Area Real Property Officer Portland, Oregon
F. F. DuBray, Supervisory Real Property Officer Western Washington
Agency
Application for Patent in Fee: Albert Hugh Reed, Quinault 1335
The attached transmittal letter with patent in fee application and
related documents, was prepared pursuant to your letter addressed to the
Hon. Warren G. Magnusson, dated 580529.
While we realize that applications for sale and patents are affected
by the present moratorium, we felt that the attached should be submitted
for action as soon as such restrictions are lifted, and in the event you
wish to further communicate with Senator Magnusson on his inquiry.
F. F. DuBray Supervisory Real Property Officer
Attachment
HEL-010-0452-0452
HEL-010-0444-0464
DIDDOCK, J L DOI BI A PORTLAND
580523
CORRESPONDENCE
DUBRAY, F F W WASH AGENCY
Office Memorandum
UNITED STATES GOVERNMENT
Date: 580523
To: J. L. Diddock Area Realty Officer Portland Area Office
From: F. F. DuBrays Supervisory Real Property Officer Western
Washington Agency
Subject: Status of Application of Albert R. Reed, Q. 1335, for a
Patent in Fee.
We are in receipt of a copy of the letter dated 580516, from the
Commissioner to Senator Warren G. Magnuson, concerning the application
of Albert R. Reed, Q. 1335 for a fee patent on his allotment.
On 000514, the cursory inspection and inventory report was sent to
the Area Office for review and approval. As soon as this returned, we
will be in a position to take further action.
It is noted that this allotment is under, timber contract to Aloha
Lumber Corporation. On 580110, Mr. Reed was sent the usual letter
notifying him that the issuance of a fee patent will in no way affect
the validity of the existing timbers contract. Aloha Lumber Corporation
was notified the same day of the proposed issuance of a fee patent on
this allotment.
(Sgd) F. F. DuBray F. F. DuBray
HEL-010-0453-0453
HEL-010-0444-0464
DIODOCK, J L PAO
580110
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. Reed, Albert Hugh Q. 1335
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington Aloha Lumber Corporation Aloha, Washington Gentlemen:
The owner of Quinault allotment No. 1335, Albert Hugh Reed, has
requested a fee patent on his land which is described as: Lots 3 and 4
of Sec. 30, T. 22 N., R. 1 12W., Willamette Meridian, Washington,
containing 80 acres, more or less.
The Bureau proposes to issue the requested patent 30 days from the
date of this notice.
This allotment is subject to Timber Contract I-101-Ind-1766 which
expires 790401, Aloha Lumber Corporation being the contractor. The
issuance of the fee patent to the allottee will not in any way affect
the validity of the existing timber contract. The prospective patentee
will be likewise notified immediately.
This notice is given so that you may protect your interest by making
the contract a matter of public record as to access rights not covered
in any specific right of way granted.
Sincerely yours,
C. W. Ringey Superintendent
cc: Portland Area Office (2)
CPMathes:js 580110
HEL-010-0454-0454
HEL-010-0444-0464
ALOHA LUMBER CORP
580110
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. REED, Albert Hugh Q. 1335
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Albert Hugh Reed 307 West 132d Street Seattle 77, Washington
Dear Mr. Reed:
We wish to notify you that favorable progress has been made on your
application for a fee patent on your allotment.
It is noted that your allotment is subject to timber contract
I-101-Ind-1766 which expires 790401. The issuance of the fee patent
will in no way affect the validity of the existing contract with the
Aloha Lumber Corporation.
Your application will be forwarded to the Bureau of Land Management
for issuance of the fee patent on the expiration of a thirty day period
following the notification of the firm holding the timber contract on
your allotment. The notice to the contractor was sent today.
Sincerely yours,
C. W. Ringey Superintendent
cc: Portland Area Office (2)
CPMethes: js 581001
HEL-010-0455-0455
HEL-010-0444-0464
REED H
580103
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty
Acq. & Disp. REED, Albert Hugh Q. 1335
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Albert Hugh Road 307 West 132d Street Seattle 77, Washington
Dear Mr. Reed:
Pursuant to your request, and predicated upon the finding of your
being competent to prudently conduct business transactions patent in fee
to property legally described as:
Lots 3 and 4, Sec. 30, T. 22 N., R. 12 W., Willamette Meridian,
Washington, containing 79.29 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an inspection of the
above described premises.
This cursory inspection, which was made on 580520, by staff
technicians of this office, disclosed that the tract is located
approximately nine miles north of Moclips, and about 43 miles northwest
of Hoquiam, Washington.
The allotment is under contract to the Aloha Lumber Corporation;
about eight acres in the southeast corner of the tract was logged in
560000. Lands in this area are all utilized for the production of timber
and/or timber products. The remaining seventy two acres of the
allotment contains virgin timber of fair to good quality. An analysis
of similar sales of property in this area indicate an approximate value
of $20,000.00 to $25,000.00, for the subject tract.
This information is offered as a guide, and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
property. The determination of your competency affords assurance that,
if at some future date you consider the sale or encumbrance of this
property, you will secure the services of specialists in the field of
property evaluation. Should you sell the property, you should consider
the feasibility of reserving all or a portion of the minerals, including
oil and gas.
It is recommended that you record this patent with the Grays Harbor
County Recorder, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is also
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
can be obtained at your post office. The State Forester, Olympia,
Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgment
in your dealings concerning this property.
Sincerely yours,
C. W. Ringey
Superintendent
Enclosure
From No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Allottee
ALBERT HUGH REED No. 1335
Reservation QUINAULT
(date) 571104
Application is hereby made for (patent in fee) for the following
described land: LOTS 3 & 4 of Sec.30, T.22N., Range12, WWM Washington
containing 80.00 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 41
2. Date of Birth 160125
3. Degree of Indian Blood 1/4
4. Single
5. Education: Years in elementary school 8 High School 4
6. The following persons are dependent upon me for support (Give
names, ages and relationship) WIFE, Louise L. Reed, Son Gordon Reed, in
US Navy not dependant on me for support)
7. I am enrolled as a CHINOOK CHEHALIS Indian
8. Permanent address 307 West 132nd Seattle, 77, Wash,
9. The amount of my annual income is $6,000.00
EXHIBIT No. 8
10. My income is obtained from the following sources: I am self
employed as a fish buyer.
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 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 $ 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:
Negotiate for sale of the timber to the contractor or out it myself and
sell it to the contractor.
b. I intend to use the proceeds of sale for the following purposes:
Buy a new home and furnishings for my family.
ALBERT HUGH REED
Subscribed and sworn before me this 571111. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants
M. McLeod Title Notary Public for the State of Washington residing at
Seattle.
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realise that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remodies as maybe available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, and rights of way will remain in effect.
Albert H. Reed (Applicant) Date 580506
L A N D S T A T U S R E P O R T
Pursuant to Act of 870208 (24 State 388) as amended, trust patent No.
1015301 dated 280423, was issued to Albert Hugh Reed, Quinault Allottee
No. 1335, for lands described as Lots 3 and 4, Sec. 30, T. 22 N., R. 12
W., Willamette Maridian, Washington, containing 79.29 acres, more or
less.
Entire allotment subject to timber contract with Aloha Lumber
Company.
There have been no other transactions affecting acreage or ownership
of Allotment N0. 1335.
The land is not within an Indian irrigation project.
The original allottee is living. No unpaid probate fees involved.
As of this date, Quinault Allotment No. 1335, described as Lots 3 and
4, Sec. 30, T. 22 N., R. 12 W., Willamette Meridian, containing 79.29
acres, remains in trust, owned by original allottee, Albert Hugh Reed.
I hereby certify that the above data is complete and correct
according to the official records of the Western Washington Agency.
Marilyn L. Ping Realty Analyst Western Washington Agency 580507
HEL-010-0456-0462
HEL-010-0444-0464
REED, A H
580521
CORRESPONDENCE
SHENKEL, W M
J. L. Diddock, Area Realty officer
580521
William M. Shenkel, Reviewing Appraiser
Quinault Allotment No. 1335
Property of Albert Hugh Reed
Inventory Report, dated 580505 covering subject allotment has been
approved, and the entire file is attached for your reply to
Congressional inquiry No. PRS 9949.
Will you please forward the original and one copy of the approved
Inventory Report to the Western Washington Agency?
William M. Shenkel Reviewing Appraiser
Attachment
WMShenkel/el 580520 cc: Branch subject Branch chrony
HEL-01-0463-0463
HEL-01-0444-0464
DIDDOCK, J L BR OF REALTY
580505
CORRESPONDENCE
CLARK, D W DOI BIA
Clarence W. Ringey, Superintendent
580505
Don W. Clark, Assistant Forest Manager
Inspection of the property of Albert Hugh Reed, Quinault allotment
No. 1335, described as Lots 3 and 4, Section 30, T. 22 N., R. 12 W.,
Willamette Meridian, containing 80 acres more or less.
The tract is located approximately 9 miles north of Moclips,
Washington in the Taholah Logging Unit. It is about 43 miles northwest
of Hoquiam. The allotment is under contract to the Aloha Lumbar
Corporation. About 8 acres in the southeast corner of the tract was
logged in 560000.
Lands in this area are all utilized for the production of timber
and/or timber products. The remaining 72 acres of the allotment
contains virgin timber of fair to good quality.
An analysis of similar sales of property in this area indicate an
approximate value of $20,000 $25,000 for the subject tract.
This information is offered as a guide and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
subject tract.
(Sgd)
Don W. Clark Assistant Forest Manager
Reviewing Date: 580520
Reviewing Appraiser: William M. Shenkel
HEL-010-0464-0464
HEL-010-0444-0464
RINGEY, C W DOI BIA
580815
CORRESPONDENCE
GAMMON, J E F BR OF REALTY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit. XR15270-53
Realty Acq. & Disp. 11054-58
Mr. Milnne McBride
Los Padress, California
Dear Mr. McBride:
This refers to your letter of August 7, concerning your application
for a patent in fee for certain lands included in Quinault allotment No.
1996.
Our records show that fee patent No. 1184920 was issued on 000722 and
transmitted on 000724 to the Superintendent, Western Washington Agency,
for delivery.
You have no doubt received the patent by this time. If not, you
should communicate with the Superintendent,
Sincerely yours,
Chief, Acquistion and Disposal Section Branch of Realty
WEThomas:apc 580814
HEL-010-0465-0466
HEL-010-0465-0487
MCBRIDE, M
580807
CORRESPONDENCE
MCBRIDE M
Name Milne McBride
Date 580807
U.S. Dept of Interior Bureau of Indian Affairs Realty Acq. Disp
Washington 25 D.C.
Attn. Mr. Noyes:
Some time ago (580500) I filed out and sent in to the Western Wash.
Agency, the papers requesting The Free Patent to my allotment 960000, on
the Quinault Reservation.
The agency's all approved, Western Wash. at Everett, also the area
office in Portland are so, it is up to your office.
I am not being impatient Mr. Noyes, But the procastination of the
Dept. is causing quite a bit of hardship, and I would certainly be very
happy if you would be kind enough to get those papers on the way.
They are very important to me at present, and can eliminate a lot of
unnecessary hardships, so please, send them as soon as its possible.
Sincerely
Milue McBride
Allot. 1996 Quinault Resversation
HEL-010-0467-0468
HEL-010-0465-0487
NOYES BR OF REALTY
580724
CORRESPONDENCE
CULLEN, A W US DOI BIA DC
IN REPLY REFER TO: Realty Requirements 9449-58 jj
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C. 580724 Superintendent Western Washington Agency
Fee patent numbered 1184920 issued 580722 to Milne McBride, Quinault
allottee numbered 1996 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
A. W. Cullen
for Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067
570400
HEL-010-0469-0469
HEL-010-0465-0487
SUPT W WASH AGENCY
580630
CORRESPONDENCE
SKARRA P E PAO
Realty Acc. & Disp. 5094-57; 483-58
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management Washington 25, D.C.
Dear Sir:
The application of Milne McBride, allottee, for a patent in fee on
land embraced in Quinault allotment No. 1996, pursuant to authority
delegated by Secretarial Order No. 2508 of 490111 (14 F.R. 258) and
Order No. 551 of the Commissioner, Bureau of Indian Affairs, dated
510329 (16 F.R. 2939), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
S 1/2 SE 1/2, Sec. 16, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Sincerely yours,
Perry Skarra Assistant Area Director cc: Central Office (RIA),
w/encl.
BRANCH OF REALTY
RECEIVED
580708
RE 4967
BUREAU OF INDIAN AFFAIRS Washington, D.C.
HEL-010-0470-0471
HEL-010-0465-0487
DIR BUREAU OF LAND MGT COMM DOI BIA
580604
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. MC BRIDE, Milne Q. 1996
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Milne
McBride, Quinault allottee No. 1996 for a patent in fee on land which is
described as:
S 1/2 SB 1/4, Sec. 16, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
The applicant's references include business people and former
employers. All recommend him highly as being able to manage business
matters to advantage. The applicant originally requested issuance of
the fee patent on his allotment in 530000. The fact that the applicant
was confined in a penal institution caused delay on his application. He
in turn changed the original application to that for a supervised sale,
however, an acceptable bid was not received. The allottee then changed
his request back to the original application for a patent in fee,
because a purchaser could not be found. According to Area Office letter
dated 580212, were informed that the fact Mr. McBride is an immate of a
penitentiary would not bar his being determined to be competent.
Much correspondence has been exchanged with the applicant over the
past several years, and it is obvious that Mr. McBride is now
exceptionally well versed on matters pertaining to his trust property.
As the applicant appears to be unquestionably competent to manage his
own trust allotment, it is respectfully recommended that his request for
issuance of a fee patent be granted.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report, and copies of the letter to the
patentee. The letter to the Bureau of Land Management and one copy of
the appraisal is also included.
Sincerely yours,
(SGD) M. L. SCHWARTZ ACTING Superintendent
Enclosures
HEL-010-0472-0472
HEL-010-0465-0487
FOSTER, D C DOI BIA PORTLAND
580225
CORRESPONDENCE
SKARRA, P E PAO
Realty Realty Acq. & Disp. 483-58
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580225
Commissioner, Bureau of Indian Affairs Washington 25, D.C.
Attention: Branch of Realty
Dear Sir:
Enclosed is a copy of a letter dated 580220 from the Superintendent's
office at the Western Washington Agency addressed to Mr. Milne McBride,
Los Padres, San Luis Obispo, California.
On 000109 Mr. McBride wrote to the Indian Office and copies of the
reply dated 000123, file reference Realty Acq. and Disp. 483,58, were
forwarded to this office and to the Western Washington Agency. The
Superintendent has attempted in his letter to explain to Mr. McBride
various actions concerning his application for patent in fee and
supervised sale for his Quinault Allotment No. 1996.
Sincerely, yours,
Perry Skarra Acting Area Director
Enclosure cc: Western Washington Agency Branch subject Branch chrony
Yellow chrony LLemery/ev 580228
HEL-010-0473-0473
HEL-010-0465-0487
COMM DOI BI A
580212
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580212
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Reference is made to Office letter of 000123 signed by the Chief,
Branch of Realty, and addressed to Mr. Milne McBride, Los Padus,
California.
In reply to Mr. McBride's letter of 000109, a copy of both letters
was forwarded to your agency.
Mr. McBride has been an inmate of a penitentiary in the State of
California for a considerable period. He has applied for patents in
fee, supervised sales and any other method of realizing funds from his
allotment. He has not been kept informed as to the actions taken by the
agency. He evidently has had sufficient time to study all of the angles
and finally came up with the idea that he wished the trust period to be
permitted to expire, with the automatic resulting issuance of a patent
in fee. Mr. Hoyes informed him this was not possible this year, so we
suggest that you inform Mr. McBride of the actions you have taken and
permit him to apply again for a patent in fee if he so wishes.
The fact that Mr. McBride is or was an inmate of a penitentiary would
not bar his being determined to be competent. This might be an
indication that he is not capable to handle his affairs and make it a
little difficult for him to secure the necessary references. However,
it is entirely possible that Mr. McBride is competent, and his being an
inmate of the penitentiary would not necessarily mean that he is
incompetent or that he could not receive a patent in fee.
We suggest that you inform Mr. McBride of the requirements for
obtaining a patent in fee, and also inform him of the possibilities of
sale of his property and any other information pertinent to the
situation.
Mr. McBride has also inherited a portion of his father's estate, part
of which will be in non trust status since Mr. McBride's surviving wife
is a non Indian. In all probability, this allotment will also be put up
for sale or for a patent in fee.
We would appreciate receiving a copy of your letter to Mr. McBride,
with an additional copy for our forwarding to the Office.
Sincerely yours, Area Realty Officer
JLDiddock/hm 580212
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0474-0475
HEL-010-0465-0487
RINGEY, C W W WASH AGENCY
570626
CORRESPONDENCE
SCHWARTZ, M L W WASH AGENCY
Realty
Field Service Western Washington Agency P. O. Box 915 Everett,
Washington
570626
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
In answer to Mr. Diddock's question addressed to Mr. Hutchinson
recently, we find that we have several exchanges of correspondence
between the Agency and the allottee which ended with a letter from the
allottee dated 561109 with which he forwarded an application for a
supervised sale. Since then our only intimation that he might have had
any change in intention was given us when your letter of 000604, file
Realty Acq. & Disp. 5094-57, was received. We therefore addressed Mr.
McBride on 000614, as you know, telling him that the land had gone up
for a supervised sale of land and timber. A reply from the allottee
dated 000623 makes no further objections to the supervised sale so we
consider the case to be well documented as to authority for the
supervised sale.
Sincerely yours,
(SGD) M.L. SCHWARTZ
Superintendent
HEL-010-0476-0476
HEL-010-0465-0487
FOSTER, D C DOI BIA PORTLAND
580501
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580501
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal information as set forth in the fee appraisal of allotment
Quinault 1996, Milne McBride, may be used as the basis of the letter to
the patentee. Since the appraisal was paid for by the applicant, he
will already have that information.
We suggest, however, that the usual inventory letter be forwarded to
the patentee as has been done in previous cases.
So much difficulty has been encountered in processing this particular
application, we would appreciate immediate action on the application.
We believe that this is the third time he has changed his mind, and it
might be well to process the request for a patent in fee immediately.
Sincerely yours,
J. L. Diddock
Area Realty Officer
JLDiddock/hm
580501
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0477-0477
HEL-010-0465-0487
RINGEY, C W W WASH AGENCY
580429
CORRESPONDENCE
DUBRAY, F F
Joseph L. Diddock Real Property Officer
580429
F.F. Dubray Realty Officer, WWIA
Application of Milne McBride, Q 1996 for action on his allotment.
The subject named applicant has changed his previous application for
a supervised sale of his allotment to that for issuance of a fee patent.
If the Area Office does not interpose an objection, it is proposed to
use the fee appraisal on this allotment, approved 560425, as a basis for
the letter to the patentee.
F.F. DuBray Realty Officer
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land
Allottee Milane McBride
No. 1996
Reservation Quinaielt date 580227
Application is hereby made for (patent in fee) (supervised sale)# for
the following described land: S 1/2 of SE 1/4 of Sec 16 TS23 R12 WM
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 53
2. Date of Birth 6-1804
3. Degree of Indian Blood 1/8
4. Single (strike out one)
5. Education: Years in elementary school 8 High School 3 1/2
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Am intented to and an to be married to
Ellen L. Berry
7. I am enrolled as a Quinaielt Indian
8. Permanent address Geagore Hotel - of Ellen Berry-Santa Maria
Calif.
9. The amount of my annual income is $ none
EXHIBIT No. 8
10. My income is obtained from the following sources: When working
as a chef cook
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. (none)
12. If indebted to the United States, state amount and purpose of
indebtedness. (none)
b. I intend to use the proceeds of sale for the following purposes:
For a home For u.s. Bond For a Small Business
STATEMENT OF UNDERSTANDING To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, it must
assume that burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any other as
property milarly situated. I also understand that encumbrances such as
permits, leases, timber contracts, and rights of way will remain in
effect.
Milne BcBride
(Applicant)
Date 550512
Form No. 5-105 (3)
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.
Subscribed and sworn before me this 580307 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants and the application is hereby approved.
580523
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388), as amended, trust
patent No. 1062432 dated 330403, was issued to Milne McBrids, Quinault
allottee No. 1996, for lands described as S 1/2 SE 1/4, Sec. 16, T. 23
N., R. 12 West, Willamette Meridian, Washington, containing 80 acres,
more or less.
There have been no subsequent transactions since issuance of above
patent, affecting acreage or ownership of this allotment.
The land is not within an Indian irrigation project.
The original allottee is living. No unpaid probate fees involved.
There is no record of indebtedness to the U.S. or the Quinault Tribe
against the land or the allottee.
As of this date, Quinault allotment No. 1996, described as S 1/2 SE
1/4, Sec. 16, T. 23 N., R. 12 W., Willamette Meridian, containing 80
acres, remaining in trust, is owned by the original allottee, Milne
McBride. I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Agency.
Marilyn L. Ping
Realty Analyst
580501
HEL-010-0478-0483
HEL-010-0465-0487
DIDDOCK, J L BR OF REALTY
000000
CORRESPONDENCE
SUPT W WASH INDIAN AGENCY
Realty Acq. & Disp. MC BRIDE, Milne Q. 1996
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Milne McBride c/o Ellen L. Berry Gravson Hotel Santa Maria,
California
Dear Mr. McBride:
Pursuant to your request, and predicated upon the finding of your
being competent to prudently conduct business transactions involving
your trust property, there is respectfully presented a patent in fee to
property legally described as:
S 1/2 SE 1/4, Sec. 16, T, 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, an appraisal was made of the above described
premises.
This appraisal, which was made 561104, by Albert Lyford, the fee
appraiser employed by you, indicates the allotment is located about 2
1/2 miles south of Highway No. 101 at which point, the distance to
Hoquiem is about 54 miles. There are no roads between this property and
the highway. This property is best suited for conversion into forest
products after which the land will best be suited for forest regrowth.
The following factors contribute to the appraised valuation of
$35,050.00 as of the appraisal date.
An appraisal is merely an opinion of value and it would therefore be
to your advantage to thoroughly explore the present market before you
conclude any action. The determination of your competency affords
assurance that if, at some future date, you consider the sale or
emcumbrance of this property, you will secure up to date market
information so that you will secure a favorable return from your
allotment. Should you sell the property, you should consider the
feasibility of reserving all or a portion of the minerals, including oil
and gas.
It is recommended that you record this patent with the Grays Harbor
County Recorder, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is also
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
can be obtained at your post office. The State Forester, Olympia,
Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dicates of prudent judgment
in your dealings concerning this property.
Sincerely yours,
Superintendent
Enclosure: Fee patent
cc: Portland Ares Office 2
HEL-010-0484-0487
HEL-010-0465-0487
MCBRIDE, M BERRY, E L
570501
CORRESPONDENCE
TIEGLER, H E W WASH AGENCY
Western Washington Agency
Realty Portland Area Office Realty Branch
5759-57 5837-57
5836-57 5878-57
570501
Attached are two copies of the following appraisal report, approved
by the Ass't Chief Appraiser:
HETiegler/gs 570301
cc: Branch subject Branch chrony
HEL-010-0488-0488
HEL-010-0488-0501
PAO BR OF REALTY
570425
CORRESPONDENCE
RIBBLE, J F DOI BIA
COPY
INTER OFFICE TRANSMITTAL
X Regular Mail
TO:
X Area Director, Portland, Oregon
FROM: J. F. Ribble, Asst. Chief Appraiser
5759-57 Realty
5836-57 5878-57
5838-57 5837-57
570425
SUBJECT: The attached appraisal reports are approved in accordance
with the Review Memorandum covering the property of Blind Moses,
Quinault Allot. No. 355 Geraldine Cill Sawatari, Quinault Allot. No.
1815; Elizabeth Ero, Quinault Allot. No. 1783; and Milne McBride,
Quinault Allot. No. 1996.
Also attached is appraisal report which has been approved covering
property of Andrew Richards, Yakima Allot. No. 1980.
Form 5-110a
APPRAISAL REPORT
Area: Portland
Agency: Western Washington
Property of: Milne McBride
Address: Box 836 San Louis Obispo, California
Allotment NO. 1996
Purpose of Appraisal: To determine fair market value of fee simple
title.
BUREAU OF INDIAN AFFAIRS RECEIVED 570422
Legal Description: S 1/2 SE 1/4 Section 16
5878 Washington, D.C.
State: Wash.
County: Grays Harbor
Range: 12W
Township: 23N
W B&M
No. Acres: 80.00
Type & Character: Forest Land
APPRAISED VALUATION AS OF 561105
FAIR MARKET VALUE $35,050.00
I certify that I have carefully examined the above described premises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intended future interest therein.
561105
REVIEW MEMORANDUM ATTACHED
RECOMMENDED: 570416
Herbert M. Ziegler
Reviewing Appraiser
ALBERT LYFORD
APPROVED: 570425
SUBJECT TO ATTACHED REVIEWING STATEMENT
Approved by Ass't. Chief Appraiser on Review Memorandum attached
hereto.
PROPERTY OF: Milne McBride
Allotment No. 1996
INDEX
This report contains the standard number of ten pages (Form 5-110a)
plus a vicinity map as page 11.
PROPERTY OF: Milne McBride
Allotment No. 1996
INSPECTION OF PROPERTY: This property was inspected during the
fourth week of October, and was covered on a 20%, 4 run, 66 foot strip
system. The Cedar was cruised to a minimum diameter of 15 inches, and
other species to a minimum diameter of 10 inches. Diameters are inside
the bark breast high with allowance made for abnormal butt.taper.
LOCATION: NEIGHBORHOOD ANALYSIS:
This property is located about 2 1/2 miles South of Highway 101 at
which point the distance to Hoquiam is about 54 miles. There are no
roads between this property and the highway.
ADAPTABILITY - CHARACTER AND TOPOGRAPHY:
This property is crossed from East to West by the Raft River. This
drainage is somewhat steep and broken by small tributaries. The balance
of the land, (most of the South position) is rolling.
This property is best suited for conversion into Forest products
after which the land will be best suited for Forest regrowth.
PROPERTY OF: Milne McBride
Allotment No. 1996
DETAIL DESCRIPTION OF LAND:
TIMBER ESTIMATE DETAILS
"Table not keyed, See Original"
Only one Old Growth Fir was found. It was a large tree of good
quality. The Cedar is of average quality for the Quinault area, but
below average of the Cedar in the Raft River Drainage. The Hemlock and
Spruce are of good quality and the White Fir and Pine of medium quality
being somewhat limby and rough.
Logging conditions will be average for this district.
5-110a
PROPERTY OF: Milne McBride
Allotment No. 1966
DETAILED DESCRIPTION OF IMPROVEMENTS:
There are no improvements on this property.
5-110a
PROPERTY OF: Milne McBride
Allotment No. 1996
MARKET DATA COMPARISONS AND ANALYSIS:
On 561008, two Indian Allotments located within 3 1/2 miles of the
subject property, but closer to the Highway (within 1 mile) were sold.
Following are the cruise estimates and the estimated unit prices by
species paid:
Allotment No. 2049
(Lots 13 & 20 Sec. 5, Twp. 23N., Rge. 12W)
"Table not Keyed, See Original"
Allotment No. 2050
(Lots 6 & 12 Sec.5, Twp.23H., Rge.12W)
"Table not Keyed, See Original"
These two sales are comparable from the standpoint of composition but
not comparable from the standpoint of quality or location. The subject
tract is 2 1/2 miles from highway 101 compared to 1/4 to 1 mile for
sales areas. The timber on the subject tract is generally of better
quality than on the sales tracts, with exception of the Pine only, which
on the subject is inferior in quality. The prices, as indicated by
these sales, represent, in the appraiser's opinion, a fair basis for
value after considering the differences in timber quality and
accessibility. The Spruce value in relation to the other species is
reflected in 2 sales (561008) in the NW 1/4 of Sec. 30, Twp. 23N, Rge.
12W., where the Cedar was $16.00 and the Spruce $13.00 per M. Following
are the unit values by species after taking into account the differences
in timber quality and accessibility:
"Table not Keyed, See Original"
These values have been discounted after taking into account the
differences in timber quality, accessibility and the present demand for
various species of timber. In the appraiser's opinion, the discount is
justified, in view of the difference of accessibility being a stronger
factor than the difference in timber quality. The Cedar has been
discounted heavier than the Hemlock and White Fir because at the present
time Cedar is considerably less in demand. The value of the old growth
Fir is based on values of Fir in other districts.
5-110a
PROPERTY OF: Milne McBride
Allotment No.1996
CAPITALIZATION OF INCOME ANALYSIS:
Applying the unit stumpage rates on the preceeding page to the cruise
estimates shows the following values which represent the present fair
market value of the timber on the subject property.
"Table not keyed, see original"
There have been no comparable sales of land, or timbered land where
the land has been valued separately, in this district. However, from
common knowledge and information received, and the present practice of
making allowance for land value in addition to the standing timber in
appraising timbered land, it is the appraisers opinion that the present
fair market value of the land only of the subject property is $10.00 per
acre or $800.00.
5-110a
PROPERTY OF: Milne McBride
Allotment No. 1996
SUMMARY OF LAND VALUES
"Table not Keyed, See Original"
5-110a
PROPERTY OF:
CORRELATION OF METHODS: SUMMARY CONCLUSIONS:
This appraisal is based on a study of local market conditions and
timber sales, logging costs, accessibility, quality and composition of
the timber and the uncertain period of developement. All of the
foregoing factors tend to support the conclusions of the appraiser that
the fair market value of fee title to the subject property is
$35,050.00.
PROPERTY OF: Milne McBride
Allotment No. 1996
"TRACT MAP, not Keyed, See Original"
VICINITY MAP
"VICINITY MAP, not Keyed, See Original"
HEL-010-0489-0500
HEL-010-0488-0501
AREA DIR DOI BIA PORTLAND
570416
CORRESPONDENCE
ZIEGLER, H M
570416
REVIEW MEMORANDUM
Subject: Revised timber inventory and appraisal report covering the
property of Milne McBride, Allotment No. 1996, consisting of 80 acres
within the Quinault Reservation, Grays Harbor County, Washington.
The total valuation set forth in the above identified report to
fairly well supported by the sales data contained therein. Analyses of
other recent sales information available to the Area office indicate
that the appraisal value is within a reasonable range of fair market
value.
The subject report was returned to the cruiser appraiser on 000410
for reconsideration and revision, however the valuation date was not
brought up to current status.
Approval of the subject appraisal report is recommended.
Herbert M. Ziegler Reviewing Appraiser
APPROVED 570425
/s/ John F. Ribble, Jr. Ass't. Chief Appraiser
HEL-010-0501-0501
HEL-010-0488-0501
RIBBLE, J F
580903
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
ORIGINAL File No. 79769 9452-58 B.I.A.
Allotment No. Q. 1977
Western Washington Indian Agency
580814
Received of C.W. Ringey Superintendent U.S. Indian Agency
Patent No. 1184960, issued 580723 in the name of LLoyd Leland Lund.
an Quinsult
Indian for Lot 2, Sec. 21; Lot 3, Sec. 16, T. 23 N., R. 13 W.,
Willamette Meridian, Washington. containing 90.40 acres.
Witness:
R B Holm
Lloyd Leland Lund Patentee.
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs
580903
Washington 25, D.C.
Dear Sir:
The original receipts for the fee patents issued the following
allotments are attached for your records as requested:
Quinault No. 1873
Quinault No. 1977
Sincerely yours,
(Sgd) Claude D. Wright
Acting Superintendent
NOTED:
Acting Director, Portland, Oregon
Enclosures
cc: PAO 2
HEL-010-0502-0504
HEL-010-0502-0517
COMM DOI BIA PAO
580724
CORRESPONDENCE
CULLEN, A W DOI BIA
IN REPLY REFER TO: Realty Requirements 9452-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580724
Superintendent
Western Washington Agency
Fee patent numbered 1184960 issued 580723, to Lloyd Leland Land,
Quinault allottee numbered 770000 is enclosed for recording and
delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
A. W. Cullen
for Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0505-0505
HEL-010-0502-0517
SUPT BIA W WASH AGENCY
580702
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580702
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir.
The application of Lloyd Leland Lund, for a patent in fee and land
embraced in Quinault allotment No. 1977, pursuant to authority delegated
by Secretarial Order No. 2508 of 490111, (14 F.B. 258), Order No 551 of
the Commissioner, Bureau of Indian Affairs, dated 510329, (16 F.B. 2939)
and under the provisions of the Act of 870208, (24 Stat. 390) and
060508, (34 Stat. 182), has been approved.
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
Lot 3, Sec 16, T. 23 N., R. 13 W., Lot 2, Sec. 21 T. 23 N., E. 13 W.,
Willemette Meridian, Washington, containing 90.40 acres, more or less.
Sincerely yours,
(Sgd) Perry E. Skarra
Assistant Area Director
cc: Central Office (BIA), w/encl
BRANCH OF REALTY BUREAU OF INDIAN AFFAIRS
Washington, D.C.
RECEIVED 580708
RE 4970
HEL-010-0506-0507
HEL-010-0502-0517
COMM DOI BIA DIR BUREAU OF LAND MGT
580030
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. LUND, Lloyd L. Q. 1977
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
560130
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Quinault
Allottee No. 1977, for a patent in fee on land which is described as:
Lot 3, Sec. 16, T. 23 N., R. 13 W., and Lot 2, Sec. 21, T. 23 N., R.
13 W., Willamette Meridian, Washington, containing 90.40 acres, more or
less.
The applicant's references all commend him as being a dependable
person well able to manage his own business affairs. He is a home owner
and taxpayer, as well as an honorably discharged U.S. Navy veteran. He
has worked for the same employer for the past ten years.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report and copies of letter to patentee. The
letter to the Bureau of Land Management is also enclosed.
As the applicant appears to be unquestionably competent to manage his
own trust allotment, it is respectfully recommended that his request for
issuance of a patent in fee be granted.
Sincerely yours, (Sgd) C. W. Ringey, Superintendent
Enclosures
Form No. 5-16 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land
Allottee James L. or Lloyd Leland Lund
No. 1977
Reservation Quinault
570708
Application is hereby made for (patent in fee) for the following
described land: Lot 3. Sec. 16. T. 23 H., R. 13 W., Lot 2, Sec. 21, T.
23 N., R. 13 W., Willamette Meridian containing 90.40 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 36
2. Date of Birth 210417
3. Degree of Indian Blood 1/4
4. Married
5. Education: Years in elementary school High School 1 College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Wife Beatrice age 30: Daughter Ladell age
10 mths
7. I am enrolled as a Quinault Indian
8. Permanent address Route 3, Box 20, Olympic, Washington
9. The amount of my annual income is $4,000.00
EXHIBIT No. 8
10. My income is obtained from the following sources: Drive Truck
for State Distributing Company, Olympia
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 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 $ 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:
Plan to log the allotment myself. b. I intend to use the proceeds of
sale for the following purposes:
I (We) 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.
Form No. 5-105 (3) 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.
Lloyd L. Lund
Subscribed and sworn before me this 570708 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants.
John W. Libby Title Forest Manager
STATEMENT OF UNDERSTANDING
(To be attached to application for Patent in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Lloyd L. Lund (Applicant)
Date 580607
L A N D S T A T U S R E P O R T
Lloyd Leland Lund, Quinault No. 1977- land described as: Lot 3, Sec.
16, and Lot 2, Sec. 21, Twp. 23 North, Range 13 West, Willamette
Meridian, Washington, containing 90.40 acres.
Trust Patent No 1112564 on the above described lands was issued
411124 to Lloyd Leland Lund, pursuant to the Act of 870208 (24 Stat.
388) as amended by the Act of 110304 (36 Stat. 1345).
There have been no subsequent conveyances or transactions affecting
ownership or acreage of this parcel.
There is no record of easement or right of way.
The land is not within a government irrigation project.
The allottee is living; no Abstract of Probates is required.
There is no record of indebtedness to the U.S. or to the Quinault
Tribe.
It is hereby certified that the land description given above has been
verified by comparison to the original patent. It is further certified
that the above is a true and complete report according to all available
records of this Agency.
Clyde E. Wren
Real Property Assistant
Western Washington Agency
570826
HEL-010-0508-0513
HEL-010-0502-0517
FOSTER, D C DOI BIA PORTLAND
580000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. LUND, Lloyd L. G. 1977
Field Service Western Washington Indian Agency P.O. Box 915 Everett,
Washington
Certified Mail Return Receipt Requested
Mr. Lloyd L. Lund Route 3, Box 20 Olympic, Washington
Dear Mr. Lund:
Pursuant to your request of 570708, and predicted upon the finding of
your being competent to prudently conduct business transactions
involving your trust property, there is respectfully presented a patent
in fee to property legally described as:
Lot 3, Sec. 16, T. 23 N., R. 13 W., Lot 2 Sec 21, T. 23 N., R. 13 W.,
Willamette Meridian, Washington, containing 90.40 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship I have caused to be made an examination of the
above described premises.
This surface examination made on the 570812 by staff technicians of
this office reveals this allotment to be divided into two tracts, both
tracts situated on a bluff overlooking the Pacific Ocean. The Cape
Elizabeth road follows the shore line bid crosses the two tract at a
point about three miles south of U.S. Highway 101. The nearest
community is Queets Washington, an Indian village live miles away.
Logs from this area are generally hauled to Hoquiam, due to the
shorter hauling distance and the varied log market, although several
operators in this area have been hauling logs to Port Angeles a distance
of 97 miles.
Because this allotment is situated along the ocean and subject to
heavy winds, the trees are stunted, knotty, twisted and contain
considerable defect. The principal species are hemlock and cedar. Much
of the cedar is spike topped and wormy. The logging chance is fair,
drainer poor, in addition to a large number of snags.
Thile the two tracts are accessible, and to that point especially
desirable, the cost of rebuilding portions of the road will tend to keep
the stumpage prices down.
For purposes of comparison the following appraisals of neighboring
timbered tracts are cited.
Allotment No. 1629, Herbert L. Becken, Lot 4, Sec. 33, T. 23 N., R.
13 W., and Lot 4, Sec. 3, T. 22 N., R. 13 W., Willamette Meridian,
Washington, containing 91.25 acres.
Cedar 258 MBM Hemlock 94 MBM
Spruce 46 MBM Pine 3 MBM
Appraised values as of 560824; Land & Beach Frontage $1,137.75,
Timber $1,958.06, Total Appraised Valuation $3,095.81.
Allotment No. 2292, Walter W. Williams, Ict 4, SE 1/4 SE 1/4,
Sec. 9, T. 23 N., R. 13 W., Willamette Meridian, Washington,
containing 87.20 acres.
Red Cedar 1045 MBM Hemlock 268 MBM
White Fir 119 MBM Spruce 96 MBM
Appraised value as of 560310; Land $1,046.40, Timber $20,791.50,
Total Appraised Valuation $21,837.90.
This information is offered to you only as a guide and is not to be
construed as a thoroughly reliable indication of the present fair market
value of your property. The determination of your competency affords
assurance that if at some future date you consider the sale or
encumbrance of this property, you will secure a detailed appraisel by
recognized authorities in the field of evaluation. It will be to your
advantage to record this patent with the Auditor, Grays Harbor County
Court House, Montesano, Washington. Should you desire information on
real estate taxes, you should contact the County Assessor who is also
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local office, the address of which can be
obtained from your local post office. The State Forester, Olympia,
Washington can furnish information on the various regulations pertaining
to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgment
in your dealings concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure
Copy to: Portland Area Office
HEL-010-0514-0516
HEL-010-0502-0517
LUND, L L
571101
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
571101 Mr. Clarence W. Ringay
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Memorandum valuation report covering the property of Lloyd L. Lund,
Quinault Allotment No. 1977, consisting of 90.4 acres, has been
reviewed.
It is noted that the forest appraiser refers to other appraised
values to support his opinion. The appraiser is strongly urged to base
his conclusions upon an analysis of current transactions. The use of
other opinions to estimate market value is an invalid and unacceptable
procedure.
The information contained in the subject report appears sufficient to
assist materially in the preparation of the letter to the recipient of
the patent in fee in accordance with the procedure and instructions
outlined in office memorandum, dated 570215, and letter, dated 570524,
from the Area Director to all Superintendents concerning the existing
policy on patent in fee appraisals.
One copy of the subject report is returned for the Agency file and
should not be given to the landowner.
Sincerely yours,
(SGD) J.L. DIDDOCK
Area Realty Officer
Enclosure
WMShenkel/gs
570111
cc: Branch Subject
Branch Chrony
Yellow Chrony
HEL-010-0517-0517
HEL-010-0502-0517
RINGEY, C W BIA W WASH AGENCY
580903
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
ORIGINAL
RECEIPT FOR PATENT
File No. 79911 9959-58 B.I.A.
Allotment No. Q. 1875
Western Washington Indian Agency
580812
RECEIVED of C.W. Ringey Superintendent U.S. Indian Agency
fee) Patent No. 1185065 issued 580729 in the name of JANET BERNADINE
HINGSTON GIBSON, an Quinault Indian for NW 1/4 SE 1/4, Sec. 28, and NE
1/4 NE 1/4, Sec. 19, T 21 N., R. 11 W., Willamette Meridian, Washington,
containing 80.00 acres.
Janet Bernadine Hingston Gibson Patentee.
IN REPLY REFER TO:
Realty
312 (1)
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett, Washington
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Dear Sir:
The original receipts for the fee patents issued the following
allotments are attached for your records as requested:
Quinault No. 1875
Quinault No. 1977
Sincerely yours,
Claude D. Albright
Acting Superintendent
Noted:
Area Director, Portland, Oregon Enclosures
HEL-010-0519-0520
HEL-010-0518-0531
COMM BUREAU OF INDIAN AFF PAO
580730
CORRESPONDENCE
HILL, C W DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25. D.C.
580730
Superintendent
Western Washington Agency
Fee patent numbered 1185065 issued 580729 to Janet Barnadine Hingston
Gibson Quinault allottee numbered 1875 is enclosed for recording and
delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. W. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0521-0521
HEL-010-0518-0531
SUPT W WASH AGENCY
580700
CORRESPONDENCE
AREA DIR PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Janet Bernadine Hingston Gibson, allottee, for a
patent in fee on land embraced in Quinault allotment No. 1875, pursuant
to authority delegated by Secretarial Order No. 2508. of 490111 (14 F.
R. 258) and Order No. 551 of the Commissioner, Bureau of Indian Affairs,
dated 510329 (16 F. R. 2939) has been approved, pursuant to the Act of
060508 (34 Stat. 182, 25 U.S.C., 1946 Ed., Sec. 349).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
NE 1/4 NE 1/4, Sec. 19, T. 21 N., R. 11 W., end NW 1/4 SE 1/4, Sec.
28, T. 21 N., R. 11 W., Willamette Meridian, Washington, containing 80
acres, more or less.
Sincerely yours,
Area Director
Central Office (BIA), w/encl.
BRANCH OF REALTY
RECEIVED 580718
BUREAU OF INDIAN AFFAIRS
HEL-010-0522-0523
HEL-010-0518-0531
DIR BUREAU OF LAND DVLP COMM DOI BIA
580710
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty Acq. & Disp. HINGSTON, Janet B. Q. 1875
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Janet
Bernadine Hingston Gibson, Quinault allottee No. 1875 for a patent in
fee on land which is described as:
NE 1/4 NW 1/4, Sec. 19, T. 21 N., R. 11 W., and NE 1/4 SE 1/4, Sec.
28, T. 21 N., R. 11 W., Willamette Meridian, Washington, containing 80
acres, more or less.
Mrs. Gibson's references, who are business and professional persons
in a position to adequately ascertain her capabilities, attest favorably
in her behalf. The applicant has completed 18 months of college work.
In addition, Mrs. Gibson has been employed by the Federal Government for
the past ten years, the past two years with the Corps of Engineers, U.
S. Army, North Pacific Division, Portland, Oregon. The applicant is
unquestionably competent to manage her own affairs to excellent
advantage.
The application is supported in duplicate by a Land Status Report,
Statement of Understanding, and copies of the letter to the patentee.
The prescribed letter to the Bureau of Land Management is also included.
It is respectfully recommended that the applicant's request for
issuance of fee patent be granted.
Sincerely yours,
(Sgd) Claude D. Albright
Acting Superintendent
Enclosures
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
580418
Application for Patent in Fee or for the Sale of Indian Land
Allottee Janet Bernadine Hingston
No. 1875
Reservation Quinault
580424
Application is hereby made for (patent in fee) for the following
described land: NE 1/4 NE 1/4, Sec. 19, T. 21 N., R., 11 W., Willamette
Meridian and NW 1/4 SE 1/4, Sec. 28, T. 21 N., R. 11 W., 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 35
2. Date of Birth 230223
3. Degree of Indian Blood 1/16
4. Single
5. Education: Years in elementary school 8 High School 4 College 1
1/2 yrs
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Judith Aiken age 11 daughter and Lorn
Aiken, age 12, son.
7. I am enrolled as a Quinault Indian
8. Permanent address 2719 E. 15th, Vancouver, Washington
9. The amount of my annual income is $3685 p/a
10. My income is obtained from the following sources: Working for
the Corps of Engineers as a Clerk stenographer.
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. None
13. I (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 $ 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:
private sale.
b. I intend to use the proceeds of sale for the following purposes:
Dental work for myself and son.
Doctor bills
Savings
I (We) 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.
Form No. 5-105 (3) 550000
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.
Janet Bernadine Hingston
LAND STATUS REPORT
Pursuant to the Act of 870208, trust patent No. 1063307, dated
330421, was issued to Janet Bernadine Hingston, Quinault Allottee No.
1875, for lands described as NE 1/4 NE 1/4, Sec. 19, and NW 1/4 SE 1/4,
Sec. 28, T. 21 N., R. 11 W., Willamette Meridian, Washington, containing
80 acres, more or less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of above allotment.
The land is not within an Indian irrigation project.
The original allottee is living. No unpaid probate fees are
involved.
There is no record of indebtedness to the U.S. or the Quinault Tribe
against the land or the allottee.
As of this date, Quinault Allotment No. 1875, described as NE 1/4 NE
1/4, Sec. 19, and NE 1/4 SE 1/4, Sec. 28, T. 21 N., R. 11 W, W.M.,
remains in trust status, owned by the original allottee, Janet Bernadine
Hingston.
I hereby certify that the above data is complete and correct
according to the official records of the Western Washington Agency.
Marilyn L. Ping Realty Analyst Western Washington Agency 580513
HEL-010-0524-0528
HEL-010-0518-0531
FOSTER, D C DOI BIA PORTLAND
580000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq & Disp. HINOSTON, Janet E. Q 1875
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mrs. Janet B. Gibson 2719 E. 15th Street Vancouver, Washington
Dear Mrs. Gibson:
Pursuant to your request, and predicated upon the finding of your
being competent to prudently conduct business transactions involving
your trust property, there is respectfully presented a patent in fee to
property legally described as:
NE 1/4 MN 1/4, Sec. 19, T. 21 N., R. 11 W., and NW 1/4 SE 1/4 Sec.
28, T. 21 N., N. 11 W., Willanette Meridian, Washington, containing 80
acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, a cursory examination of the above described
premises has been made.
This surface examination made on 580604, by staff technicians of this
office reveals this property to be located about 8 miles north and east
of Moclips, Washington, and was originally logged during 440000. The
tract consists of cedar-hemlock reproduction about 10 years old. The
land in the general vicinity are utilized for the production of timber
and/or timber products. A gravel road used and maintained by the Bureau
of fire protection purpose runs along the east side of the tract in the
NE 1/4 NE 1/4, Sec. 19. T. 21 H., R. 11 W.
On the basis of this inspection of your property, the records of the
Bureau show lands having generally similar characteristics are being
sold on the open market for approximately $15.00 to $20.00 per acre.
This information is offered to you only as a guide and is not to be
construed as a thoroughly reliable indication of the present fair market
value of the property. The determination of your competency affords
assurance that if, at some future date, you consider the sale or
encumbrance of this property, you will secure up to date market
information from recognized authorities in this field. Should you sell
the property, you should consider the feasibility of reserving all, or a
portion of the minerals including oil and gas.
It is recommended that you record this patent with the Grays Harbor
County Recorder, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
can be obtained at your local post office. The State Forester, Olympia,
Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgment
in dealing concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure: Fee Patent
HEL-010-0529-0530
HEL-010-0518-0531
GIBSON, J B
580620
CORRESPONDENCE
SHENKEL, W M
Western Wash. Agency
Realty
Portland Area Office Branch of Realty
Janet B. Hingston Q-1875, 80 acres Memo Inv. Report
Realty Appraisal
580620
Attached for your file are two approved copies of Memo Inventory
Report, dated 580604, covering subject property. The information
contained therein appears sufficient to assist materially in the
preparation of the letter to the recipient of the patent in fee, in
accordance with established procedure.
WMShenkel/cl 580620 cc: Branch subject Branch chrony Yellow chrony
APPRAISAL FILE
HEL-010-0531-0531
HEL-010-0518-0531
PAO BR OF REALTY
581001
CORRESPONDENCE
LIBBY, J W W WASH INDIAN AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
ORIGINAL
File No. 79999 10546-58 B.I.A.
Allotment No. 2234
Western Washington Indian Agency
580819
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee)
Patent No. 1185381, issued 580811 in the name of ROBERT BURNS TAYLOR, an
Quinault Indian, for SW 1/4 NW, 1/4, Sec. 12, SE 1/4 SE 1/4, 1. T. 23
N., R. 12 W., Willamette Meridian, Washington, containing 80.00
Witness: Willard V. Esmay
Robert Burns Taylor Patentee.
E.R. Goldbloom
Expires 610708
Realty
312 (1)
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
581001
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Dear Sir:
The original receipts for the fee patents issued the following
allotments are attached for your records as requested:
"Table not Keyed, See Original"
Sincerely yours,
ACTING Superintendent
HEL-010-0532-0534
HEL-010-0532-0535
COMM DOI BIA PAO
580812
CORRESPONDENCE
HILL, C E DOI BIA DC
IN REPLY REFER TO: Realty Requirements 10546-58 jj
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580812
Superintendent Western Washington Agency
Fee patent numbered 1185381 issued 580811 to Robert Burns Taylor,
Quinault allottee numbered 2234 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C.E. Hill Special Assistant Requirements
Enclosures cc: Area Director, Portland
Form 5-067 570400
HEL-010-0535-0535
HEL-010-0532-0538
SUPT W WASH AGENCY
580724
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580724
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Robert Durne Taylor, allottee, for a patent in fee
on land embraced in Quinault allotment No. 6234, pursuant to authority
delegated by Secretarial Order No. 2508 of 490111 (14 F. R, 258), and
Order No. 551 of the Commissioner Bureau of Indian Affairs, dated 510329
(16 F. R. 2939), has been approved pursuant to the Act of 060508 (34
Stat. 182, 2 J.S.C., 1946 Ed., Sec 349).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
SE 1/4 SE 1/4 Sec. 1, SW 1/4 NW 1/4, Sec. 12, T. 23 N., R. 12 W.,
Willamette Meridian, Washington, containing 80 acres, more or less
Sincerely yours,
(Sgd) Perry E. Skarra
Assistant Area Director Resources
cc: Central Office (BIA), w/encl.
HEL-010-0536-0536
HEL-010-0536-0536
DIR BUREAU OF LAND MGT
580000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disq. TAYLOR, Robert B. Q. 2234
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Robert Burns Taylor 1341 Flanagan Street Empire, Oregon
Dear Taylor:
We wish to notify you that favorable progress has been made on your
application for a fee patent on your allotment.
It is noted that you allotment is subject to timber contract No.
I-101-Ind. 1902 (408) with Rayonier Incorporated, approved 520807, and
which expires 860401. The issuance of the fee patent will in no way
affect the validity of the existing contract. Rayonier, Incorporated
has been notified of your request.
In the near future, your application will be forwarded to the Bureau
of Land Management for issuance of a fee patent.
Sincerely yours,
C. W. Ringey Superintendent
HEL-010-0545-0545
HEL-010-0545-0549
TAYLOR, R B
570319
CORRESPONDENCE
SUPT W WASH AGENCY
Realty 006
Field Service Western Washington Agency P.O. Box 915 Everett,
Washington
570319
Rayonier, Inc. Hoquian Washington
Gentleman:
It is proposed to recommend issuance of a patent in fee to Robert
Burns Taylor who is the owner of Quinsult Allotment No. 2234. The land
is described as SE 1/4 SE 1/4, Sec. 1 SW 1/4 NW 1/4, Sec. 12, Twp, 23
N., R. 12 W., W.M. containing 80 acres. The parcel is subject to Timber
Contract No.I-101 Ind 1902 (406) dated 520805, made between your concern
and the Superintendent, Western Washington Agency, pursuant to a power
of attorney executed by Robert Taylor.
This notice is given to notify the timber contractor who might be
affected by such action. The recommendation will be made 30 days from
today. If you care to comment on the proposed action, please address
us.
Very truly yours,
Superintendent.
CPM cc: PAO(2)
HEL-010-0546-0546
HEL-010-0545-0549
RAYONIER INC
580526
CORRESPONDENCE
SHENKEL, W M W WASH AGENCY
Report approved: 580526
Western Wash. Agency
Realty
Portland Area Office Branch of Realty
Robert Taylor Q-2234, 80 acres Appraisal Realty 580603 Memo Inv.
Report
Attached for your file are two approved copies of Memo Inventory
Report, dated 580411, covering subject property. The information
contained therein appears sufficient to assist materially in the
preparation of the letter to the recipient of the patent in fee in
accordance with established procedure.
WMShenkel/cl 580603 cc: Branch subject Branch chrony Yellow chrony
HEL-010-0547-0547
HEL-010-0545-0549
PAO BR OF REALTY
580411
CORRESPONDENCE
CLARK, D W DOI BIA
Branch of Realty Thru: Superintendent 580414
580411
Don W. Clark, Assistant Forest Manager
Inspection of the property of Robert Taylor, Quin, Al. No. 2234,
described as SE 1/2 SE 1/4 Section 1 and SW 1/2 NW 1/4 Section 12, T. 23
N., R. 1 comprising 80 acres, more or less.
A cursory inspection of this property was made on 580325. No
inventory was obtained.
The property is located approximately 50 miles north of Hoquian,
Washington, in the Crane Creek Logging Unit. The timber is under
contract to Rayouier Incorporated. One portion of the tract is located
about 1/4 mile south of U.S. Highway 101 in Section 12; the other
portion is located about 1/4 mile north of U. S. Highway 101 in Section
1. There are no roads to either portion.
This property is all timberland and is best suited for the production
of timber and/or timber products.
An analysis of sales of similar property having comparable quality of
timber and accessibility, indicate that the subject tract would have an
estimated value of $10,000-$15,000, dependent upon prevailing contract
stampage rates or marketing conditions at the time of sale.
This information is offered as a guide, and is not be construed as a
thoroughly reliable indication of the present fair market value of the
property.
Don W. Clark Assistant Forest Manager (Appraiser)
Reviewing Date: 580526
Reviewing Appraiser: William M. Shenkel
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
HEL-010-0548-0549
HEL-010-0545-0549
BR OF REALTY SUPT BR OF REALTY
581001
CORRESPONDENCE
LIBBY, J W W WASH INDIAN AGENCY
ORIGINAL
RECEIPT FOR PATENT
File No. 80041 10714-58 B.I.A.
Allotment No. 25
Western Washington Indian Agency
580827
RECEIVED of C. W. Ringey Superintendent U. S. Indian Agency fee
Patent No. 1185555, issued 580815 in the name of Dorothy Jean Hoh Brady,
heir of Roy Hoh, an Quinault Indian, for E 1/2 NW 1/4, Sec. 8, T. 22 N.,
R. 10 W., W.M. Washington containing 80.00 acres.
Witness C. P. Mathes
Dorothy Jean Hob Brady Patentee
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS Western Washington Indian Agency 1620 Hewitt
Avenue Everett, Washington
Through: Portland Area Office
581001
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Dear Sir:
The original receipts for the fee patents issued the following
allotments are attached for your records as requested:
"Table not Keyed, See Original"
Sincerely yours,
John W. Libby Acting Supertendent
HEL-010-0550-0551
HEL-010-0549-0580
COMM BIA DC
580818
CORRESPONDENCE
HILL, C E DOI BIA DC
IN REPLY REFER TO:
Realty Requirements 10714-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580813
Superintendent
Western Washington Agency
Fee patent numbered 1185555 issued 580819 to Dorothy Jean Hoh Brady,
heir of Roy Hoh, Quinault allottee numbered 25 is enclosed for recording
and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C.E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067
570400
HEL-010-0552-0552
HEL-010-0549-0580
SUPT W WASH AGENCY
580728
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580728
Through: Commissioner
Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Dorothy Jean Hoh Brady, heir, a Flat-heed Indian,
for a patent in fee for land embraced in Quinault allotment No. 25 of
Roy Hoh, Pursuant to authority delegated by Order No. 551 of the
Commissioner, Bureau of Indian Affairs, dated 510329 (16 F.R. 2939), has
been approved pursuant to the provisions of the Act of 080529 (35 Stat.
444).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
E 1/2 NW 1/4 Sec. 8, T. 22 N., R. 10 W., Willamette Meridian,
Washington, Containing 80 acres, more or less.
Sincerely yours,
Perry E Skarra
Assistant Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0553-0553
HEL-010-0549-0580
DIR BUREAU OF LAND MGT
580625
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp HCH, Roy Q. 25
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580625
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Dorothy
Jean Hoh Brady, a Flathead Indian for a patent in fee on the allotment
of Roy Hoh, deceased allottee, Quinault No. 25, for lands described as:
S 1/2 NW 1/4, Sec. 8, T. 22 N., R. 10 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Page 10 of the appraisal report shows a logging road crossing this
allotment, however, we have no record of a right of way ever being
granted for this road. It is our opinion the road was built under the
terms of the logging contract when this allotment was logged. Under
these circumstances, no reservation for a right of way was requested in
the letter to the Bureau of Land Management requesting issuance of a fee
patent.
Mrs. Brady was determined competent by memorandum of 580414, by the
Area Office, Branch of Welfare. Inasmuch as the applicant has been
determined competent to manage her trust property, it is respectfully
recommended that applicant's request for issuance of a fee patent be
granted.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report, Abstract of Probates, and copies of
letters to the patentee. The letter to the Bureau of Land Management is
also included.
Sincerely yours,
(SGD) M.L. SCHWARTZ ACTING Superintendent
Enclosures
HEL-010-0554-0554
HEL-010-0549-0580
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
580500
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580509
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Attention: Branch of Realty
Dear Mr. Ringey:
The six applications executed by Dorothy Jean Hoh Brady for patents
in fee to Quinault lands, which were submitted with your letter of
000403, are being returned herewith. The letters of recommendation are
also enclosed.
We referred this matter to the Branch of Welfare for consideration
and you will note from their memorandum of 000414, a copy of which is
attached, that it is believed the applicant is capable of managing her
own business affairs. Accordingly, if you will prepare the necessary
supporting documents and submit them with the approved applications, we
will process the cases and recommend issuance of the patents.
Sincerely yours,
(SGD) J.L. DIDDOCK Area Realty Officer
Enclosure
cc: Branch subject Branch chrony Yellow chrony GMLeighton/ev 580509
HEL-010-0555-0555
HEL-010-0549-0580
RINGEY, C W W WASH AGENCY BR OF REALTY
580414
CORRESPONDENCE
CASPER, F D BR OF WELFARE
580414
Realty Branch
Welfare Branch
Patents in fee requested by Mrs. Dorothy Jean Hoh Brady, Flathead
Reservation Enrollee, for six Quinault Allotments.
Mrs. Brady has requested patents in fee for six Quinault Allotments
inherited from her husband, Robert Hoh, deceased 1956.
Appraisals on four of the six allotments total estimated value of
$5405. They were cut over in 370000 and 550000, are not adjacent nor
under lease. If there is the possibility of salvaging the left over
timber, there might be justification for added responsibility to her of
paying taxes when the patents were granted which her present income
seems inadequate to meet. Mrs. Brady has not given any information on
her plans.
From the references submitted, it is apparent that Mrs. Brady has met
certain of her obligations financially.
However, although she inherited a substantial sum of money from the
estate of her deceased husband, in the same two year period, she has
only contributed $300 for the support of her child instead of the $100
promised monthly. This also does not substantiate her statement that
her mother and her four-year old child are her dependents. Ther is now
a Court Order requiring Mrs. Brady to support her child and the Juvenile
Court is interested in protecting her interests. With this Court action,
the child's interest are protected.
We are advised by the Realty Branch that timber remaining on the
allotments can be salvaged. Since apparently Mrs. Brady has this
information and the interest to avail herself of this opportunity, we
believe that this does establish ability to manage her own business
affairs.
F. Don Casper
Area Social Worker
HEL-010-0556-0556
HEL-010-0549-0580
BR OF REALTY
580409
CORRESPONDENCE
DIDDOCK, J L BR OF REALTY
Realty
Branch of Welfare
580409
Branch of Realty
Compatency of Mrs. Dorothy Jean Hoh Brady, Flathead Reservation
enrollee.
Please review the attached file which includes six applications for
patents in fee to trust inherited Land on the Quinault Reservation,
reference letters and the Superintendent's letter of 580403.
We are agreeable to issuance of the patents if you have no
objections. The Superintendent at Flathead, where Mrs. Brady is
enrolled, refuses to make a recommendation for reasons stated in his
letter of 000324, copy attached. The Superintendent at Western
Washington does not make a recommendation because as he says Mrs. Brady
is not under his jurisdiction.
Please return the complete file to Branch of Realty when you have
completed your investigation.
(SGD) J. L. DIDDOCK
Area Realty Officer
Enclosure
cc: Branch subject
Branch Chrony
Yellow Chrony
Llemery/ev 580904
HEL-010-0557-0557
HEL-010-0549-0580
BR OF WELFARE
580403
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty Acq. & Disp. BRADY, Dorothy Jean Hoh
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580403
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty Section
Dear Mr. Foster:
Attached are applications for patents in fee for certain inherited
interests in various allotments owned by Mrs. Dorothy Jean Hoh Brady,
who is enrolled as a Flathead Indian.
We mailed the applications and competency letters to Mr. Charles S.
Spencer, Superintendent of the Flathead in Dixon, Montana, and requested
him to make a determination on her competency. He returned the
applications with a letter stating that he was unable to secure any
information regarding her competency and did not make a determination.
Since Mrs. Brady is not under Western Washington jurisdiction, but is
under the Flathead jurisdiction, we felt that this case should be
referred to your office to make a determination. Your assistance in
this case will be appreciated. Attached also are copies of the
correspondence relating to this case.
Sincerely yours, Superintendent
Enclosures
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land
Allottee Roy Hoh
No. 25
Reservation Quinault
571026 (Date)
Application is hereby made for (patent in fee) for the following
described land: E 1/2 NW 1/4, Sec. 8, T. 22N., R. 10 W., W.W.M.,
Washington 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 34
2. Date of Birth 230524
3. Degree of Indian Blood 5/8th
4. Married (strike out one)
5. Educations; Years in elementary school 8 yrs High School 3 yrs
College none
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Eva Murphy, mother Cheryl Renee Beard,
daughter
7. I am enrolled as a Flathead Indian
8. Permanent address In care of A. A. Samboni, 1016 4th and Pike
St., Seattle 1, Washington
9. The amount of my annual income is $2,000.00
Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: Flathead
Agency and from former stumpage payments from Quinault lands.
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 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 $ 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:
1. Living Expenses
2. Business Enterprise
I (We) 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.
Form No. 5-105 (3) 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.
Dorothy Jean Hoh Brady
Subscribed and sworn before me this 571026 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants
John D. Fahnestick Notary Public
Title
Approved in accordance with P.A.O. letter dated 580509, and signed by
J. L. Diddock, Realty Officer. See SAMUEL HOH file for letter of
Application for Fee Patent.
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and agress to the
property may be a problem, and when the fee patent is granted, I must
assume the order of access, and if necessary avail myself for such
remedies as may be available under the laws of the State to any owner of
property similarily situated. I also understand that encumbrance such
as permisis leased, timber contracts, and right of way delsp will remain
in effect.
Dorothy Jean Hok Brady (Applicant)
580617
AFFIDAVIT OF IDENTITY
I, Clyde E. Wren, Real Property Assistant, Western Washington Agency,
Everett, Washington, certify:
DOROTHY JEAN HOH BRADY and DOROTHY JEAN GRACE HOH BRADY is one and
the same person.
Clyde E. Wren
STATE OF WASHINGTON
ss
COUNTY OF SNOHOMISE
I, Charles P. Mathes, Nortary Public in and for the State of
Washington, residing at Everett, Washington, do hereby certify that on
this 580613, personally appeared befor me Clyde E. Wren, Real Property
Assistant, Western Washington Agency, Everett, Washington, to me known
to be the individual described in and who executed the foregoing
instrument and acknowledged that he signed and sealed 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 580613.
Charles P. Mathes
Notary Public in and for the
State of Washington, residing at
Everett, Washington
My Commission Expires 620306
LAND STATUS REPORT
Pursuant to the Act of 870208, (24 Stat. 388), as amended by the Act
of 110304 (36 Stat. 1345), trust patent No. (no record available), dated
110304, was issued to Roy Hoh, Quinault allottee No. 25, for lands
described as E 1/2 NW 1/4, Sec. 8, T. 22 N., R. 10 W., Willamette
Meridian, Washington, containing 80 acres, more or less.
There has been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of this allotment.
This allotment is not within a government irrigation project.
The land is heirship status and an Abstract of Probates report is
attached.
There are no unpaid probate fees or claims of record.
There is no record of indebteness to the United States or the
Quinault Tribe against the land, allottee or the heirs.
As of this date, as evidenced by the attached Abstract of Probates,
the ownership of the land remaining in trust or restricted status,
described as N 1/2 NW 1/2, Sec. 8, T 22 N., R. 10 W., Willamette
Meridian, Washington, containing 80 acres, more or less, embraced within
Roy Hoh, Quinault allotment No. 25, is as follows.
Dorothy Jean Hoh Brady, an undivided 100% interest.
I hereby certify that the above data is complete and correct
according to the official records of the Western Washington Agency.
Clyde E. Wren Real Property Assistant Western Washington Agency
580616
ABSTRACT OF PROBATES
Estate of Roy Hoh, Quinault 25, land desc. as: E 1/2 NW 1/4, Sec. 8,
Twp. 22 North, Range 10 West, W.M., containing 80 acres.
Died: 501227 Pro: 15993-52
Robert Hoh
Dec'd 560506
Pro. 4365-57
All
Robert Hoh
Dorothy Jean Grace Hoh Brady
I, the undersigned, do hereby certify that this is a true and correct
Abstract of all Probates on the above described estate according to all
records in this office.
Esther Kirstein, Clerk Stenographer Western Washington Agency
Everett, Washington 570929
HEL-010-0558-0565
HEL-010-0549-0580
FOSTER, D C DOI BIA PORTLAND
000000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp HCH, Hoy Q. 25
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mrs. Dorothy Jean Hoh Brady Box 182 Soap Lake, Washington
Dear Mrs. Brady:
Pursuant to your request and predicated upon the finding of your
being competent to prudently conduct business transactions involving
your trust property, there is respectfully presented a patent in fee to
property legally described as:
S 1/4 W 1/4. Sec. 8, T. 82 N., R. 10 W., Willamtee Maridian,
Washington, containing 80 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, this office has caused an appraisal to be made
of the above described allotment.
An appraisal was made of the above property on 571120 by a staff
technician of this office and it indicates the following factors. The
subject tract is located approximately 38 miles north of Mcquim,
Washington, via 6 miles of all weather gravel logging road, 3 miles
through Olympic National Forest and 3 miles across reservation land off
Highway 101. Hoquim is a complete city of 11,000 population. The area
around the subject tract is primarily timber land and the economy of the
area is based on timber products.
The subject tract is cut over timberland. It was logged in 550000 by
the clearing method. To date, some spruce, hemlock and elder seedlings
are beginning to show. It is too soon after logging to make an estimate
of the percent of reproduction.
The tract lies on two levels, with a steep hillside about 200 feet in
elevation sloping to the north. The land on the high and low levels
slope very gently to the north. The soil is a gravelly clay formation
over a thick layer of coarse gravel. A slough covering approximately 5
acres lies at the base of the steep incline.
For purpose of comparison, it is noted that neighbouring tracts sold
accordingly: Portion of Quinault allotment No. 695, described as: SE
1/4 SE 1/4, Sec. 13, T. 21 N., R. 12 W., Willametta Maridian,
Washington, containing 40 acres, more or less. This tract is cut over
timberland with a 5% reproduction coverage, one half swampy with nearest
road development about one mile. The subject tract compares favourably
except in soil types; it has a better timber growing potential. This
property sold in 551100 for $600.00.
Quinault allotment No. 871, described as S 1/2 SW 1/4, Sec. 36, T.
22 N., R. 12 W., Willamette Meridian containing 80 acres, more or less.
This tract is cut over timber with 70% re stocking, averaging 10 years
in age. This sale tract is considered superior due to age and coverage
of reproduction and accessibility. This tract sold in 570700, for
$2,140.00.
Quinault No. 152, described as S 1/2 NW 1/4, Sec. 36, T. 23 N., R.
10 W. Willamette Meridian, containing 80 acres, more or less. This tract
is cutover timberland with 100% restocking, averaging 25 years in age.
The sale tract is superior due to age and coverage of reproduction.
This tract sold in 560400, for $3,823.00.0
This information is offered to you only as a guide and is not to be
construed as a throughly reliable indication of the present fair market
value of the property. The determination of your competency affords
assurance that if, at some future data, you consider the sale or
encumdurance of this property, you will secure up to date market
information from recognised authorities in the field of property
evaluation. Should you sell the property, you should consider the
feasibility of reserving all, or a portion of the minerals, including
oil and gas.
It is recommended that you record this patent with the Crays Harbor
County Records, Montesano, Washington. Should you desire information on
real estate taxes, you should contact the County Assessor who is located
at Montesano. Authoritative federal income tax information can be
obtained from the District Director, Internal Revenue Service, Tacoma 2,
Washington, or from your local branch office, the address of which can
be obtained at your local post office. The Satate Forester, Olympia,
Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgement
in your dealings concerning this property.
Sincercely yours, C.W. Ringey Superintendent Enclosure: Fee Patent
Realty Chrony: Green Chrony: Subject File
HEL-010-0566-0567
HEL-010-0549-0580
BRADY, D J H
580529
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580529
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal report, dated 571120, covering the property of Roy Hoh,
Quinault Allotment No. 25, consisting of 80 acres of cut-over
timberland, has been approved in the amount of $1,130.00. It is noted
that a patent in fee has been requested.
The appraisal report can be used in preparation, of the letter to the
patentee in accordance with the procedure and instructions outlined in
Office Memorandum, dated 570215, and letter, dated 570524, from the Area
Director to all Superintendents concerning the existing policy on patent
in fee appraisals.
Two copies of the approval appraisal report are returned for the
Agency files and should not be given to the Landowner.
Sincerely yours,
J. L. Diddock
Area Realty Officer
Enclosure
WMShenkel/gs/mce
580529
cc: Branch subject Branch Chrony Yellow chrony
HEL-010-0568-0568
HEL-010-0549-0580
RINGEY, C W W WASH AGENCY
580520
CORRESPONDENCE
MATHES, C F W WASH AGENCY
J. L. Diddock, Area Realty Officer Portland Area Office
580520
Charles P. Mathes, Supervisor, Acq. & Disp. Western Washington
Agency
Appraisal Report Roy Hoh, Quinault No. 25
Attached is original and two copies of appraisal report for review
and approval.
It is requested that we be permitted to use this appraisal, if
approved, in preparation of a letter to the patentee in accordance with
the procedure and instruction outlined in office memorandum dated
570215, and letter dated 570524, from the Area Director.
Charles P. Mathes
Enclosures
APPRAISAL REPORT
Area: Portland
Agency: Western Washington
Property of: Roy Hoh, Quin. 25
Purpose of Appraisal: To determine the fair market value of fee
simple title to the property.
Legal Description: E 1/2 SW 1/2 Section S, T. 22 N., R. 10 W.,
Willamette Meridian
State: Wash.
County: Grays Hbr.
Range: 10 W.,
Township: 22 N.,
No. Acres: 80
Type & Character: Cut over timberland
APPRAISED VALUATION AS OF 591120
FAIR MARKET VALUE $1,130.00
I certify that I have carefully examined the above described permises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intended future interest therein.
571120
L. C. McKeaver L. C. McKeever, Forester Appraiser
APPROVED: 580529
William M. Shenkel
Reviewing Appraiser Title
PROPERTY OF: Roy Hoh, Quin. 25
INDEX
Standard ten page report with location and vicinity maps attached.
PROPERTY OF: Roy Hoh, Quin. 25
INSPECTION OF PROPERTY:
The subject tract was inspected by the appraiser 571105. The owner
was not present at the time of inspection.
LOCATION NEIGHBORHOOD ANALYSIS:
The subject tract is located approximately 38 miles north of Hoquim,
Washington, via 6 miles of all weather gravel logging road, three miles
through the Olympic National Forest and Three miles across reservation
land off Highway 101. Hoquim is a complete city of 11,000. The area
around the subject tract is primarily timberland and the economy of the
area is based on timber products.
ADAPTABILITY CHARACTER AND TOPOGRAPHY:
The subject tract is cutover timberland. It was logged in 550000 by
the clear cut method. To date, some spruce, hemlock and older seedlings
are beginning toshow. It is to soon after logging to make an estimate
of the present of reproduction.
The tract lies on two levels, with a steep hillside about 200 feet in
elevation sloping to the north. The land on the high and low levels
slope very gently to the north.
The soil is a gravelly clay formation over a thick layer of coarse
gravel.
A slough covering approximately 5 acres lies at the base of the steep
incline.
PROPERTY OF:
Roy Hoh, Quin, 25
DETAIL DESCRIPTION OF LAND:
See Page 3
PROPERTY OF:
Roy Hoh, Quin. 25
DETAILED DESCRIPTION OF IMPROVEMENTS:
There are no structural improvements on the subject tract.
PROPERTY OF:
Roy Hoh, Quin. 25
MARKET DATA COMPARISONS AND ANALYSIS:
The following sales were made in the same general area as the subject
tract and are comparable as indicated:
"Table not Keyed, See Original"
Cut over timberland with 5 percent reproduction coverages, one-half
swampy with nearest road development about one mile. The subject tract
compares favorably except in soil types. It has a better timber growing
potential.
Cut over timberland with 70% restocking, averaging 10 years in age.
The sale tract is considered superior due to age and coverage of
reproduction and accessibility.
Cut over timberland with 100% restocking, averaging 25 years in age.
The sale tract is superior due to age and coverage of reproduction.
PROPERTY OF:
Roy Hoh, Quin, 25
CAPITALIZATION OF INCOME ANALYSIS:
There is no known income from the subject tract.
PROPERTY OF:
Roy Hoh, Quin, 25
SUMMARY OF LAND VALUES
"Table not Keyed, See Original"
SUMMARY OF IMPROVEMENT VALUES#
ASSESSED VALUE
PROPERTY OF:
Roy Hoh, Quin. 25
CORRELATION OF METHODS SUMMARY CONCLUSIONS:
The market data approach to value was the primary consideration in
arriving at the value of the property. The income approach was not
feasible as there was no known income from the tract.
After careful consideration of the various factors affecting value
for this type of land, including accessibility, type age and coverages
of reproduction, and soil type, it is the opinion of the appraiser that
the fair market value of the subject tract is $1,130.00.
PROPERTY OF: Roy Hoh. Q 25
"TRACT MAP, not Keyed See Original"
QUINAIELT INDIAN RESERVATION WASHINGTON,
"Map not keyed, See Original"
HEL-010-0569-0580
HEL-010-0549-0580
DIDDOCK, J L PAO
580818
CORRESPONDENCE
HILL, C DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
IN REPLY REFER TO: Realty Requirements 10715-58 jj
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580818
Superintendent
Western Washington Agency
Fee patent numbered 1185557 issued 580814 to Dorothy Jean Hoh Brady,
heir of Dannie Hoh, Quinault allottee numbered 266 is enclosed for
recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067
570400
HEL-010-0581-0582
HEL-010-0581-0606
SUPT W WASH AGENCY
580728
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon 580728
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Dorothy Jean Hoh Brady, heir, a Flat head Indian,
for a patent in fee for land embraced in Quinault allotment No. 266 of
Dannie Hoh, pursuant to authority delegated by Order No. 551 of the
Commissioner, Bureau of Indian Affairs, dated 510329 (16 F.R. 2939), has
been approved pursuant to the provisions of the Act of 080529 (35 Stat.
444).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
Lot 1, SE 1/4 NE 1/4, Sec 8, T. 22 N., R. 10 W., Willamette Meridian,
Washington, containing 75.20 acres, more or less.
Sincerely yours,
Assistant Area Director
cc: Central Office (BIA),w/encl.
HEL-010-0583-0583
HEL-010-0581-0606
DIR BUREAU OF LAND MGT
580625
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. HOH, Dannie Q. 266
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580625
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Dorothy
Jean Hoh Brady, a Firthead Indian, for a patent in fee on the allotment
No. 266, for lands described as:
Lot 1, SE 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10 W., Willamette
Meridian, Washington, containing 76.20 acres, more or less.
Page 10 of the appraisal report shows logging roads crossing this
allotment, however, we have no record of a right of way ever being
granted for such roads. It is our opinion the roads were built under
the terms of the logging contract when this allotment was logged. Under
these circumstances, no reservation for a right of way was requested in
the letter to the Bureau of Land Management requesting issuance of a fee
patent.
Mrs. Brady was determined competent by memorandum of 580414, by the
Area Office, Branch of Welfare. Inasmuch as the applicant has been
determined competent to manage her trust property, it is respectfully
recommended that applicant's request for issuance of a fee patent be
granted.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report, Abstract of Probates, and copies of
letters to the patentee. The letter to the Bureau of Land Management is
also included.
Sincerely yours,
(SGD) M. L. SCHWARTZ
Superintendent
Enclosures
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Allottee
Dannie Hoh
No. 266
Reservation Quinault
571026
Application is hereby made for (patent in fee) for the following
described land: Lot 1 and SE 1/4 NE 1/4, Sec. 8, T. 22N., containing
75.20 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 34
2. Date of Birth 230424
3. Degree of Indian Blood 5/8th
4. Married (strike out one)
5. Education: Years in elementary school 8 yrs High School 3 yrs.
College None
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Eva Murphy, mother; Cheryl Renee Beard,
daughter
7. I am enrolled as a Flathead Indian
8. Permanent address In Care of A.A. Samboni, 1016 4th and Pike St.,
Seattle 1, Washington
9. The amount of my annual income is $2,000.00
10. My income is obtained from the following sources: Flathead
Agency and from former stumpage payments from Quinault lands
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 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 $ None (If not
leased, state none.)
a. I intended 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:
1. Living Expenses
2. Business Enterprize
I (We) 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.
Form No. 5-105 (3) 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.
Dorothy Jean Hoh Brady
Subscribed and sworn before me this 571026. I hereby certify that
the efect of this application was explained to and fully understood by
the applicants
John D. Falmustrah
Notary Public Title
Approved in accordance with P.A.O. letter dated 580509, and signed by
J. L. Diddock, Realty Officer. See SAMUEL HOH file for letter of
Application for Fee Patent.
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned, applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and agress to the
property may be a problem, and when the fee patent is granted, I must
assume the order of access, and if necessary avail myself for such
remedies as may be available under the laws of the State to any owner of
property similarily situated. I also understand that encumbrance such
as permsis leased, timber contracts, and rights of way will remain in
effect.
Dorothy Jean Hok Brady (Applicant)
Date 580617
AFFIDAVIT OF IDENTITY
I, Clyde E. Wren, Real Property Assistant, Western Washington Agency,
Everett, Washington, certify:
DOROTHY JEAN HOH BRADY and DOROTHY JEAN GRACE HOH BRADY is one and
the same person.
Clyde E. Wren
STATE OF WASHINGTON
SS
COUNTY OF SNOHOMISH
I, Charles P. Mathis, Notary Public in and for the State of
Washington, residing at Everett, Washington, do hereby certify that on
this 580624, personally appeared before me Clyde E. Wren, Real Property
Assistant, Western Washington Agency, Everett, Washington, to me known
to be the individual described in and who executed the foregoing
instrument and acknowledged that he signed and sealed 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 580624.
Charles P. Mathis Notary Public in and for the State of Washington,
residing at Everett, Washington
My Commission Expires 620306
L A N D S T A T U S R E P O R T
Pursuant to the Act of 870208 (24 Stat. 388) as amended by the Act of
110304 (36 Stat. 1345) trust patent No. 43590, dated 090128, was issued
to Dannie Hoh, Quinault Allottee No. 266, for lands described as: Lot
1, SE 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10 W., Willamette Meridian,
Washington, containing 75.20 acres, more or less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of the above allotment.
This allotment is not within a government irrigation project.
The land is in heirship status and an Abstract of Probates Report is
attached.
There is no unpaid probate fee, or no claims of record.
There is no record of indebtedness to the United States or the
Quinault Tribe against the land, allottee or the heirs.
As of this date, as evidenced by the attached Abstract of Probates,
the ownership of the land remaining in trust or restricted status,
described as Lot 1, SE 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10 W., W.M.,
containing 75.20 acres, more or less, embraced within Dannie Hoh,
Quinault allotment No. 266, is as follows:
Dorothy Jean Hoh Brady, an undivided 100% interest.
I hereby certify that the above data is complete and correct
according to the official records of the Western Washington Agency.
Clyde E. Wren Real Property Assistant Western Washington Agency
Everett, Washington 580623
A B S T R A C T O F P R O B A T E S:
Land Desc. as: Lot 1 and SE 1/4 NE 1/4, Sec. 8, twp. 22 North Range
10 West, W.M., containing 75.20 acres.
Estate of Dannie Hoh, Quin. 266 Died: 240317 Pro: 36168-24
"Table not Keyed, See Original"
I, the undersigned, do hereby certify that this is a true and correct
Abstract of all Probates on the above described estate according to all
records in this office.
Esther Kirstein, Clerk Steno Western Washington Agency Everett,
Washington 570829
HEL-010-0584-0591
HEL-010-0581-0606
FOSTER, D C DOI BIA PORTLAND
000000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. HOH, Dannie Q. 266
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mrs. Dorothy Jean Hoh Brady Box 182 Soap Lake, Washington
Certified Mail Return Receipt Requested
Dear Mrs. Brady:
Pursuant to your request and predicated upon the finding of your
being competent to prudently conduct business transaction involving your
trust property, there is respectfully presented a patent in fee to
property legally described as:
Lot 1, SE 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10 W., Willamette
Meridian, Washington, containing 76.20 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, this office has caused an appraisal to be made
of the above described property.
The appraisal was made on 571122, by a staff technician of this
office and it indicates the following factors. The subject tract is
located approximately 38 miles north of Hoquiam, Washington via 32 miles
of paved highway No. 101, and 6 miles of U.S. Forest Service and 3 miles
of Indian Bureau road. The 6 miles is an all weather gravel logging
road. Hoquiam is a complete city of about 11,000 population. The area
around the subject tract is primarily timberland, and the economy of the
area is based on timber products.
The subject tract is cut over timberland. It was clear cut in
550000. To date, there is to be found a few hemlock, spruce and alder
seedlings, however, it is the belief of the appraiser that the tract
will be fully stocked in a very few years. The topography is from steep
to slightly rolling. The north one third is nearly level, sloping
gently to the Quinault River, which forms the north boundary of the
tract. There is a steep incline of about 200 feet in elevation, sloping
to the north running east and west through the area. The land is fairly
level from the crest of this incline. The soil is a gravily clay
formation, well drained. A small all season creek runs from the base of
the hill to the Quinault River.
For purposes of comparison, it is noted that neighboring tracts sold
accordingly: A portion of Quinault allotment No. 695 described as SE
1/4 SE 1/4, Sec. 13, T. 21 N., R. 12 W., W.M., containing 40 acres, more
or less. This tract is cut over timberland, with 5% reproduction
coverage, one half swampy with nearest road development about one mile.
The subject tract compares favorably except in soil types. It has a
better timber growing potential. This tract sold in 551100 for $600.00.
Quinault allotment No. 871, described as S 1/2 SW 1/4, Sec. 36, T. 22
N., R. 12 W., W.M., containing 80 acres, more or less. This tract is
cut over timberland, with 70% restocking, averaging 10 years in age.
The sale tract is considered superior due to age and coverage of
reproduction and accessibility. This tract sold in 570700, for
$2,140.00. Quinault allotment No. 152, described as, E 1/2 NW 1/4, Sec.
36, T. 23 N., R. 10 W., W.M., containing 80 acres, more or less. This
tract is cut over timberland, with 100% restocking, averaging 25 years
in age. The sale tract is superior due to age and coverage of
reproduction. This tract sold in 560400, for $3,823.00.
The above information is offered to you only as a guide and is not to
be construed as a thoroughly reliable indication of the present fair
market value of the property. The determination of your competency
affords assurance that if, at some future date, you consider the sale or
encumbrance of this property, you will secure up to date market
information from recognized authorities in the field of property
evaluation. Should you sell the property, you should consider the
feasibility of reserving all or a portion of the minerals, including oil
and gas.
It is recommended that you record this patent with the Grays Harbor
County Records, Montesano, Washington. Should you desire information on
real estate taxes, you should contact the County Assessor who is located
at Montesano. Authoritative federal income tax information can be
obtained from the District Director, Internal Revenue Service, Tacoma 2,
Washington, or from your local branch office, the address of which can
be obtained at your local post office. The State Forester, Olympia,
Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgment
in dealings concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure: Fee Patent
HEL-011-0592-0593
HEL-011-0581-0606
BRADY, D J H
571211
CORRESPONDENCE
LEMERY, L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
571211
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal report, dated 571122, covering the property of Dannie Hoh,
Quinault Allotment No. 266, consisting of approximately 76.20 acres of
cut-over timberland, has been approved in the amount of $1,150.00. The
allottee has requested a patent in fee.
The appraisal report can be used in preparation of the letter to the
patentee in accordance with the procedure and instructions outlined in
Office Memorandum, dated 570215, and letter, dated 570524, from the Area
Director to all Superintendents concerning the existing policy on patent
in fee appraisals.
Two copies of the approved Appraisal report are returned for the
Agency files and should not be given to the landowner.
Sincerely yours,
for J. L. Diddock Area Realty Officer
Enclosure
WMShenkel/gs 571211 cc: Branch subject Branch chrony Yellow chrony
HEL-010-0594-0594
HEL-010-0581-0606
RINGEY, C W W WASH AGENCY
571204
CORRESPONDENCE
W WASH AGENCY
Conformed Copy
INTER OFFICE
TRANSMITTAL
TO Area Director For attention of: Realty Section
FROM Western Washington Agency P. O. Box 915 Everett, Washington
571204
SUBJECT Attached are the following Appraisals:
Robert Hoh, Q. 767
Dannie Hoh, Q. 266
Eunice Hoh, Q. 23
Lottie Hoh, Q. 26
No significant errors were found in these appraisals, and they are
recommended for approval. Supervised Sales were originally planned on
these allotments but they have now been changed to Patents.
Form 5-110a
APPRAISAL REPORT
Area: Portland
Agency: Western Washington
Property of: Dannie Hoh, Quin. 266
Address: deceased
Purpose of Appraisal: To determine the fair market value of a fee
simple title of the property.
Legal Description: Lot 1 and SE 1/4 NE 1/4 Section S, T. 22 N., R.
10 W., Willamette Meridian
State: Wash. County: Grays Hbr. Range: 10 W., Township: 22 N.,
No. Acres: 76.20
Type & Character: cut over timberland
APPRAISED VALUATION AS OF 571122
FAIR MARKET VALUE $1,150.00
I certify that I have carefully examined the above described premises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intended future interest therein.
551122
L. C. McKeever, Forester, Appraiser
APPROVED: 581210
William M. Shenkel Name
Reviewing Appraiser Title
5-110a
PROPERTY OF: Dannie Hoh, Quin. 266
INDEX
Standard ten page report with location and vicinity maps attached.
PROPERTY OF:
Dennie Hoh, Quin. 266
INSPECTION OF PROPERTY:
Inspection of the subject tract was made by the appraiser 571105.
The owners were not present at the time of inspection.
LOCATION NEIGHBORHOOD ANALYSIS:
The subject tract is located approximately 38 miles north of Hoquin,
Washington via 32 miles of paved highway 101 and 6 miles of U.S. Forest
Service and 3 miles of Indian Bureau road. The six miles is an all
weather gravel logging road.
Hoquian is a complete city of about 11,000. The area around the
subject tract is primarily timberland, and the economy of the area is
based on timber products.
ADAPTABILITY CHARACTER AND TOPOGRAPHY:
The subject tract is cut over timberland. It was clear cut in 1955.
To date, there is a few hemlock, spruce and older seedlings to be found,
however, it is the belief of the appraiser that the tract will be fully
stocked in a very few years.
The topography is from steep to slightly rolling. The north one
third is nearly level, sloping gently to the Quinault River, which forms
the north boundary of the tract.
There is a steep incline of about 200 feet in elevation, sloping to
the north running east and west through the area. The land is fairly
level from the crest of this incline. The soil is a gravally clay
formation, well drained. A small all season creek runs from the base of
the hill to the Quinault River.
PROPERTY OF: Denie Hoh, Quin. 266
DETAIL DESCRIPTION OF LAND:
See Page 3
PROPERTY OF:
Dennie Hoh, Quin. 266
DETAILED DESCRIPTION OF IMPROVEMENTS:
There are no structural improvements on the subject tract.
PROPERTY OF:
Dennie Hoh, Quin. 266
MARKET DATA COMPARISONS AND ANALYSIS:
The following sales were made in the same general area as the subject
tract and are comparable as indicated
"Table not Keyed, See Original"
Cut over timberland, with 5 percent reproduction coverage, one half
swampy with nearest road development about one mile. The subject tract
compares favorably except in soil types. It has a better timber growing
potential.
Cut over timberland, with 70% restocking, averaging 10 years in age.
The sale tract is considered superior due to age and coverage of
reproduction and accessibility.
Cut over timberland, with 100% restocking, averaging 25 years in age.
The sale tract is superior due to age and coverage of repreproduction.
PROPERTY OF: Dannie Hoh, Quin. 266
CAPITALIZATION OF INCOME ANALYSIS:
There is no known income from the subject tract.
PROPERTY OF: Dannie Hoh, Quin. 266
SUMMARY OF LAND VALUES
"Table not Keyed, See Original"
PROPERTY OF: Dannie Hoh, Quin. 266
CORRELATION OF METHODS SUMMARY CONCLUSIONS:
The market data approach to value was the primary consideration in
arriving at the value of the property. The income approach was not
feasible as there was no known income from the tract.
After careful consideration of the various factors affecting value
for this type of land, including accessibility, type age and coverage of
reproduction, and soil type, it is the opinion of the appraiser that the
fair market value of the subject tract is $1,150.00.
PROPERTY OF: Dannie Hoh. Q 266
"TRACT MAP, not Keyed, See Original"
LEGEND
QUINAIELT INDIAN RESERVATION WASHINGTON,
"Map not Keyed, See Original"
HEL-010-0595-0606
HEL-010-0581-0606
AREA DIR DOI BIA BR OF REALTY
580818
CORRESPONDENCE
HILL, C DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
ORIGINAL
File No. 80042 10719-58 B.I.A
Allotment No. 26
Western Washington Indian Agency
580827
RECEIVED of C.W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1185556, issued 580815, in the name of Dorothy Jean Hoh Brady, heir
of Lottie Hoh as Quinault Indian, for SW 1/4 NE 1/4, Lot 2, Sec. 8, T.
22 N., R. 10 W., W.M. Washington containing 78.90 acres.
Witness C.P. Mathes
Dorothy Jean Hoh Brady Patentee.
In Reply Refer To:
Realty Requirements
10719-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Washington 25, D.C.
580818
Superintendent Western Washington Agency
Fee patent numbered 1185556 issued 580815, to Dorothy Jean Hoh Brady,
heir of Lottie Hoh, Quinault allottee numbered 26 is enclosed for
recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C.R. Hill
Special Assistant, Requirements
Enclosures cc: Area Director, Portland Form 5-067 570400
HEL-010-0607-0609
HEL-010-0607-0633
SUPT W WASH AGENCY
580728
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Dorothy Jean Hoh Brady, heir, a Flathead Indian,
for a patent in fee for Land embraced in Quinault allotment No. 26 of
Lottie Hoh, pursuant to authority delegated by Order No. 551 of the
Commissioner, Bureau of Indian Affairs, dated 510329 (16 F.R. 2939), has
been approved pursuant to the provisions of the Act of 080529 (35 Stat.
444).
It is requested that a patent in fee be issued to the above named
applicant for the following described Land, provided there are no
lessons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
Lot 2, SW 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10 W., Willamette
Meridian, Washington, containing 78.90 acres, more or less.
Sincerely yours,
Assistant Area Director
cc: Central Office (BIA),w/encl.
HEL-010-0610-0610
HEL-010-0607-0633
DIR BUREAU OF LAND MGT COMM DOI BIA
580625
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. HOH, Lottie Q. 26
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580625
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Dorothy
Jean Hoh Brady, a Flathead Indian for a patent in fee on the allotment
of Lottie Hoh, Quinault allottee No. 26, for lands described as:
Lot 2, SW 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10 W., Willamette
Meridian, Washington, containing 78.90 acres, more or less.
Page 10 of the appraisal report shows logging roads cross this
allotment; there are no records in this office regarding such logging
roads. It is our opinion these roads were built under the terms of the
timber contract when this allotment was logged. In view of these
findings, no reservation for the roads were included in the application
for fee patent.
Mrs. Brady was determined competent by memorandum of 580414, by the
Area Office, Branch of Welfare. Inasmuch as the applicant has been
determined competent to manage her trust property, it is respectfully
recommended that applicant's request for issuance of a fee patent be
granted.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report, Abstract of Probates, and copies of
letters to the pentantee. The letter to the Bureau of Land Management
is also included.
Sincerely yours,
Superintendent
Enclosures
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land
Allottee Lottie Hoh
No. 26
Reservation Quinault
571026
Application is hereby made for (patent in fee) for the following
described land: Lot 2 and SW 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10
W.W.M., Washington containing 78.90 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 34
2. Date of Birth 230524
3. Degree of Indian Blood 5/8th
4. Married (strike out one)
5. Education: Years in elementary school 8 yrs. High School 3 yrs.
College None
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Eva Murphy, mother; Cherly Renee Beard,
daughter
7. I am enrolled as a Flathead Indian
8. Permanent address In care of A. A. Samboni, 1016 4th and Pike
St., Seattle 1, Washington
9. The amount of my annual income is $ 2,000.00
#Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: Flathead
Agency and from former stumpage payments from Quinault lands
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 not, state none.) 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 $ 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:
1 Long expenses
2 Business Enterprise
I (We) 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.
Form No. 5-105 (3) 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.
Dorothy Jean Hoh Brady Dorothy Jean Hoh Brady
Subscribed and sworn before me this 571026. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants
Notary Public Title
Approved in accordance with P.A.O. letter dated 580509, and signed by
J. L. Diddock, Realty Officer. See SAMUEL HOH file for letter of
Application for Fee Patent.
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Dorothy Jean Hoh Brady (Applicant)
Date 580817
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) as amended, trust patent
dated 071001 was issued to Lottie Hoh, Quinault allottee No. 26, for
lands described as Lot 2 and SW 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10
West, Willamette Meridian, Washington, containing 78.90 acres, more or
less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of this allotment.
The land is not within an Indian irrigation project.
The land is in heirship status and an abstract of probates report is
attached.
There are no unpaid probate fees of record.
There is no record of indebtedness to the U.S. or the Quinault Tribe
against the land, allottee, or the heirs.
As of this date, as evidenced by the attached abstract of probates,
the ownership of the land remaining in trust status described as Lot 2
and SW 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10 W., Willamette Meridian,
containing 78.90 acres, more or less, Quinault allotment No. 26, is as
follows:
Dorothy Jean Grace Hoh Brady, ALL
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Agency.
Marilyn L. Ping Marilyn L. Pint, Realty Analyst Western Washington
Agency Everett, Washington
580618
ABSTRACT OF PROBATES, Lottie Hoh, Quinault No. 26, land described as:
Lot 2, SW 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10 W., W.M., Washington,
containing 78.90 acres.
"Table not Keyed, See Original"
I, the undersigned, do hereby certify that this is a true and correct
Abstract of all Probates on the above described estate according to all
records in this office.
Ester M. Kirstein Ester M. Kirstein, Clerk, Realty Records Western
Washington Agency Everett, Washington 580619
HEL-010-0611-0617
HEL-010-0607-0633
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
580611
CORRESPONDENCE
BRADY, D J H
Realty Acq. & Disp. HOH, Lottie Q. 26
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mrs. Dorothy Jean Hoh Brady Box 182 Soap Lake, Washington
Dear Mrs. Brady:
Pursuant to your request, and predicated upon the finding of your
being competent to prudently conduct business transaction involving your
trust property, there is respectfully presented a patent in fee to
property legally described as:
Lot 2, SW 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10 W., Willamette
Meridian, Washington, containing 78.90 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, this office has caused an appraised to be made
of the above described allotment.
An appraisal was made of the above property on 571122, by a staff
technician of this office and it indicates the following factors. The
subject tract is located approximately 38 miles north of Hoquiam,
Washington, via 32 miles of Highway 101 and 6 miles of all weather
gravel logging road, of which 3 miles is over U.S. Forest Service road
and 3 miles of reservation road. Hoquiam is a complete city of about
11,000 population. The area around the subject tract is primarily
timberland and the economy of the area is based on timber products. The
subject tract is cut over timberland. It was clear cut in 550000. To
date, it is practically bare land, as only a very small amount of
seedings are to be found. The land lies on two levels, with a steep
incline about 200 feet in elevation running east and west through the
center of the tract. A small pond covering about 10 acres lies at the
base of this incline with a creek running north to the Quinault River,
which runs through the northwest corner of the tract. For purposes of
comparison, it is noted that neighboring tracts sold accordingly:
Quinault allotment No. 695, described as SE 1/4 SE 1/4 Sec. 13, T. 21
N., R. 12 W., containing 40 acres, more or less. This tract is cut over
timberland with 5% reproduction coverage, one half swampy, with nearest
road development about one mile. The subject tract compares favorably
except in said types. It has a better timber growing potential. This
parcel sold for $600.00 in 551100. Quinault allotment No, 871,
described as: S 1/2 SW 1/4, Sec. 36, T. 22 N., R. 12 W., Willamette
Meridian, containing 80 acres, more or less. This tract is cut over
timberland, with 70% restocking, averaging 10 years in age. This sale
tract is considered superior due to age and coverage of reproduction and
accessibility. This parcell sold for $2,140.00 in 570700. Quinault No
152, described as: E 1/2 NW 1/4, Sec. 36, T. 23 N., R. 10 W.,
Willamette Meridian, containing 80 acres, more or less. This tract is
cut over timberland, with 100% restocking, averaging 25 years in age.
This sale tract is considered superior due to age and coverage of
reproduction. This allotment sold for $3,823.00 in 560400.
This information is offered to you only as a guide, and is not to be
construed as a thoroughly reliable indication of the present fair market
value of the property. The determination of your competency affords
assurance that if, at some future date, you consider the sale or
encumbrance of this property, you will secure up to date market
information from recognized authorities in the field of property
evaluation. Should you sell the property, you should consider the
feasibility of reserving all, or a portion of the minerals, including
oil and gas.
It is recommended that you record this patent with the Grays Harbor
County recorder, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
can be furnish information on the various regulations pertaining to the
management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgement
in your dealings concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure: Fee Patent
CEWren: vdm 581106
Realty Chrony; Green Chrony: Subject File
AFFIDAVIT OF IDENTITY
I, Clyde E. Wren, Real Property Assistant, Western Washington Agency,
Everett, Washington, certify;
DOROTHY JEAN HOH BRADY and DOROTHY JEAN GRACE HOH BRADY is one and
the same person.
Clyde E. Wren
STATE OF WASHINGTON
ss
COUNTY OF SNOHOMISH
I, Charles P. Mather, Notary Public is and for the State of
Washington, residing at Everett, Washington, do hereby certify that on
this 580624, personally appeared before me Clyde E. Wren, Real Property
Assistant, Western Washington Agency, Everett, Washington, to me known
to be the individual described in and who executed the foregoing
instrument and acknowledged that he signed and sealed 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 580624.
Charles P. Mathes Notary Public in and for the State of Washington,
residing at Everett, Washington
My Commission Expires 620306
HEL-010-0618-0620
HEL-010-0607-0633
RINGEY, C W W WASH INDIAN AGENCY
571211
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
571211
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal report, dated 571022, covering the property of Lottie Hoh,
Quinault Allotment No. 26, consisting of approximately 78.90 acres of
cutover timberland, had been approved in the amount of $1,050,00. The
allottee has requested a patent in fee.
The appraisal report can be used in preparation of the letter to the
patentee in accordance with the procedure and instructions outlined in
Office Memorandum, dated 570215, and letter, dated 570524, from the Area
Director to all Superintendents concerning the existing policy on patent
in fee appraisals.
Two copies of the approved appraisal report are returned for the
Agency files and should not be given to the landowner.
Sincerely yours,
L. LEMERY For J.L. Diddock Area Realty Officer
Enclosure
WMShenkel/gs 571112
cc: Branch subject Branch Chrony Yellow chrony
HEL-010-0621-0621
HEL-010-0607-0633
RINGEY, C W W WASH AGENCY
571204
CORRESPONDENCE
W WASH AGENCY
Conformed Copy
INTER OFFICE TRANSMITTAL TO: Area Director For attention of: Realty
Section
From: Western Washington Agency P.O. Box 915 Everett, Washington
571204
SUBJECT: Attached are the following Appraisals:
Robert Hoh, Q. 767
Dennie Hoh, Q. 266
Eunice Hoh, Q. 23
Lottie Hoh, Q. 26
No significant errors were found in these appraisals, and they are
recommended for approval. Supervised Sales were originally planned on
these allotments but they have now been changed to Patents.
From 5-110a
APPRAISAL REPORT
AREA: Portland
Agency: Western Washington
Property of: Lottie Hoh, Quin. 26 decear
Address:
Purpose of Appraisal: To determine the fair market value of a fee
title of the property.
Legal Description: Lot 2 and SW 1/4 NE 1/4 Section 8, T. 22 N., R,
10 W., Willahette Meridian
State: Wash. County: Grays Ebr. Range: 10 W., Township: 22 N.,
B&M
No. Acres 78.90
Type & Character: Cut: over timberland
Appraised VALUATION AS OF 571122 FAIR MARKET VALUE $1,050,00
I certify that I have carefully examined the above described premises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as othewise
indicated. I do further certify that I have no present or intended
future interest therein.
571112
L.C. Mckeever, Forester, Appraiser
APPROVED: 571230
William M. Shenkel
Title: Reviewing Appraiser
PROPERTY OF: Lottie Hoh Quin. 26
INDEX
Standard ten page report with location and vicinity maps attached
PROPERTY OF: Lottie Hoh, Quin. 26
INSPECTION OF PROPERTY:
The property was inspected by the appraiser on 571105. The owners
were not present at the time of inspection.
LOCATION NEIGHBORHOOD ANALYSIS:
The subject tract is located approximately 38 miles north of Hoquiam,
Washington, via 32 miles of Highway 101 and 6 miles of all weather
gravel logging road, of which 3 miles is ever U. S. Forest Service road
and 3 miles of reservation road.
Hoquiam is a complete city of about 11,000. The area around the
subject tract is primarily timberland and the economy of the area is
based on timber products.
ADAPTABILITY, CHARACTER AND TOPOGRAPHY:
The subject tract is cut over timberland. It was clear cut in
550000. To date, it is practically bare land, as only a very small
amount of seedlings are to be found. The land lies on two levels, with
a steep incline about 200 feet in elevation running east and west
through the center of the tract. A small pond covering about ten acres
lies at the base of this incline with a creek running north to the
Quinault River, which runs through the northeast corner of the tract.
The soil is a gravelly clay formation, except for the pond, well
drained. A small gravel bar is found along the north boundary along the
river.
The two logging roads are to be found on the area. One crosses the
center of the tract from west to east. The other enters the tract at
the south boundary.
PROPERTY OF: Lottie Hoh, Quin. 26
DETAIL DESCRIPTION OF LAND:
See Page 3
PROPERTY OF: Lottie Hoh, Quin. 26
DETAILED DESCRIPTION OF IMPROVEMENTS:
There are no structural improvements on the subject tract.
PROPERTY OF: Lottie Hoh, Quin. 26
MARKET DATA COMPARISONS AND ANALYSIS:
The following sales were made in the same general area as the subject
tract and are comparable as indicated:
"Table not keyed, See Original"
Cut over timberland, with 5 percent reproduction coverage, one half
swampy with nearest road development about one mile. The subject tract
compares favorably except in soil types. It has a better timber growing
potential.
Cut over timberland, with 70% restocking, averaging 10 years in age.
The sale tract is considered superior due to age and coverage of
reproduction and accessibility.
Cut over timberland, with 100% restocking, averaging 25 years in age.
The sale tract is superior due to age and coverage of reproduction.
PROPERTY OF: Lottie Hoh, Quin. 26
CAPITALIZATION OF INCOME ANALYSIS:
There is no known income from the subject tract.
PROPERTY OF: Lottie Hoh, Quin. 26
SUMMARY OF LAND VALUES
"Table not Keyed, See Original"
PROPERTY OF: Lottie Hoh, Quin. 26
CORRELATION OF METHODS SUMMARY CONCLUSIONS:
The market data approach to value was the primary consideration in
arriving at the value of the property. The income approach was not
feasible as there was no known income from the tract.
After careful consideration of the various factors affecting value
for this type of land, including accessibility, type age and coverage of
reproduction, and soil type, it is the opinion of the appraiser that the
fair market value of the subject tract is $1,050.00
PROPERTY OF: Lottie Hoh Q. 26
"TRACT MAP, not Keyed, See Original"
QUINAIELT INDIAN RESERVATION WASHINGTON
"Map not Keyed, See Original"
HEL-010-0622-0633
HEL-010-0607-0633
AREA DIR BR OF REALTY
580818
CORRESPONDENCE
HILL C E DOI BIA DC
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
ORIGINAL
File No. 80044 10720-58 B.I.A.
Allotment No. 767
Western Washington Indian Agency
580827 RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency
Patent No. 1185558, issued 580815 in the name of Dorothy Jean Hoh
Brady, heir of Robert Hoh an Quinault Indian, for SE 1/4 SW 1/4, Lot 4,
Sec, 30, T, 23 N., R. 10 W., W.M., Washington containing 86.24 acres.
Witness:
C. P. Mathis
Dorothy Jean Hoh Brady
Patentee.
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS WASHINGTON 25, D.
C.
580818
Superintendent Western Washington Agency
Fee patent numbered 1185558 issued 580815 to Dorothy Jean Hoh Brady,
heir of Robert Hoh, Quinault allottee numbered 767 is enclosed for
recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate,
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures cc: Area Director, Portland
Form 5-067 570400
HEL-010-0634-0636
HEL-010-0634-0649
SUPT W WASH AGENCY
580728
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Dorothy Jean Hoh Brady, heir, a Flathead Indian,
for a patent in fee for land embraced in Quinault allotment No. 767 of
Robert Hoh, pursuant to authority delegated by Order No. 551 of the
Commissioner, Bureau of Indian Affairs, dated 510329, (16 F.R. 2939),
has been approved pursuant to the provisions of the Act of 080529, (35
Stat. 444).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued
Lot 4, SE 1/4 SW 1/4, Sec. 30, T. 23 N., R. 10 W., Willamette
Meridian, Washington, containing 86.24 acres, more or less.
Sincerely yours,
Assistant Area Director
cc: Central Office (BIA), w/encl.
580804
HEL-010-0637-0638
HEL-010-0634-0649
DIR BUREAU OF LAND MGT
580625
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty
Acq. & Disp.
HOH, Robert
Q. 767
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580625
Mr. Don C.Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Dorothy
Jean Hoh Brady, a Flathead Indian for a patent in fee on the allotment
of Robert Hoh, deceased allottee, Quinault allotment No. 767, for lands
described as:
Lot 4, SE 1/4 SW 1/4, Sec. 30, T. 23 N., R. 10 W., Willamette
Meridian, Washington, containing 86.24 acres, more or less.
Page 10 of the appraisal report shows a fire trail road crossing this
allotment. We have no record of a right of way ever being secured for
this road. In checking with Mr. Clem DeVeau, Roads Engineer, he stated
this road is not part of his road system, but was constructed by his
Branch. In view of this fact, no reservation was made for this road in
the application for a patent in fee.
Mrs. Brady was determined competent by memorandum of 580414, by the
Area Office, Branch of Welfare. Insomuch as the applicant has been
determined competent to manage her trust property, it is respectfully
recommended that applicant's request for issuance of a fee patent be
granted.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report, Abstract of Probates, and copies of
letters to the patentee. The letter to the Bureau of Land Management is
also included.
Sincerely yours,
(Sgd) M.L. SCHWARTZ
Superintendent
ACTING Superintendent
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 Robert Hoh No. 767
Reservation Quinault
571026
Application is hereby made for (patent in fee) for the following
described land: Lot 4 and SE 1/4 SW 1/4, Sec. 30, T. 23 N.R, 10 W.W.M.,
Washington containing 86.24 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 34
2. Date of Birth 230524
3. Degree of Indian Blood 5/8th
4. Married (strike out one)
5. Education: Years in elementary school 8yrs. High school 3 yrs.
College none
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Eva Murphy, mother: Cheryl Renee Beard,
Daughter
7. I am enrolled as a Flathead Indian
8. Permanent address In care of A. A. Samboni, 1016 4th and Pike
St., Seattle 1, Washington
9. The amount of my annual income is $2,000.00
#Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: Flathead
Agency and from former stumpage payments from Quinault lands
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 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 $ None (If
not leased, state none.)
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:
1. Living Expenses
2. Bestmess Enterprize
I (We)# 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 (3)
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.
Dorothy Jean Hoh Brady
Subscribed and sworn before me this 571026 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants
Notary Public
Title
APPLICATION APPROVED
Superintendent
Approved in accordance with P.A.O. letter dated 580509, and signed by
J.L. Diddock, Realty Officer. See SAMUEL HOH file for letter of and
Application for Fee Patent
Superintendent
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a few patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and agress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Dorothy Jean Hoh Brady (Applicant)
Date: 580817
AFFIDAVIT OF IDENTITY
I, Clyde E. Wren, Real Property Assistant, Western Washington Agency,
Everett, Washington, certify:
DOROTHY JEAN HOH BRADY and DOROTHY JEAN GRACE HOH BRADY is one and
the same person.
Clyde E. Wren
STATE OF WASHINGTON
SS
COUNTY OF SNOHOMISH
I, Charles P. Mathes, Notary Public in and for the State of
Washington, residing at Everett, Washington, do hereby certify that on
this 580624, personally appeared before me Clyde E. Wren, Real Property
Assistant, Western Washington Agency, Everett, Washington, to me known
to be the individual described in and who executed the foregoing
instrument and acknowledged that he signed and sealed 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 580624.
Charles P. Mathes
Notary Public in and for the State of Washington, residing at
Everett, Washington
My Commission Expires 620306
L A N D S T A T U S R E P O R T
Pursuant to the Act of 870208 (24 Stat. 388) as amended by the Act of
110304 (36 Stat. 1345), trust patent No. 987074, dated 261011, was
issued to Robert Hoh, Quinault Allottee No. 767, for lands described as
Lot 4, SE 1/4 SW 1/4, Sec. 30, T. 23 N., R. 10 W., Willamette Meridian,
Washington, containing 86.24 acres, more or less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership as follows:
This allotment is not within a government irrigation project.
The land is in heirship status and an Abstract of Probates Report is
attached.
There are no unpaid probate fees or claims of record.
There is no record of indebtedness to the United States or the
Quinault Tribe against the land, allottee or the heirs.
As of this date, as evidenced by the Abstract of Probates, the
ownership of the land remaining in trust or restricted status, described
as Lot 4, SE 1/4 SW 1/4, Sec. 30, T. 23 N., R. 10 W., Willamette
Meridian, Washington, containing 86.24 acres, more or less, embraced
within Quinault Allotment No. 767, is as follows:
Dorothy Jean Hoh Brady, an undivided 100% interest
I hereby certify that the above data is complete and correct
according to the official records of the Western Washington Agency.
Clyde E. Wren Clyde E. Wren Real Property Assistant Western
Washington Agency 580617
ABSTRACT OF PROBATES: Estate of Robert Hoh, Quin. 767. Land
described as: Lot 4 and SE 1/4 SW 1/4, Sec. 30, Twp. 23 North, Range 10
West, W.M., containing 86.24 acres.
Robert Hoh, Quin. 767 Dc'd 560605 Pro: 4365-57
Dorothy Jean G. Hoh Brady All
I, the undersigned, do hereby certify that this is a true and correct
Abstract of all Probates on the above described estate according to all
records in this office.
Esther Kirstein Esther Kirstein, Clerk Steno Western Washington
Agency Everett, Washington 570829
HEL-010-0639-0646
HEL-010-0634-0649
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
580000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. HOH, Lottie Q. 26
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mrs. Dorothy Jean Hoh Brady Box 182 Soap Lake, Washington
Dear Mrs. Brady:
Pursuant to your request, and predicated upon the finding of your
being competent to prudently conduct business transaction involving your
trust property, there is respectfully presented a patent in fee to
property legally described as:
Lot 2, SW 1/4 NE 1/4, Sec. 8, T. 22 N., R. 10 W., Willamette
Meridian, Washington, containing 78.90 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, this office has caused an appraised to be made
of the above described allotment.
An appraisal was made of the above property on 571122, by a staff
technician of this office and it indicates the following factors. The
subject tract is located approximately 38 miles north of Hoquiam,
Washington, via 32 miles of Highway 101 and 6 miles of all weather
gravel logging road, of which 3 miles is over U.S. Forest Service road
and 3 miles of reservation road. Hoquiam is a complete city of about
11,000 population. The area around the subject tract is primarily
timberland and the economy of the area is based on timber products. The
subject tract is cut over timberland. It was clear cut in 1955. To
date, it is practically bare land, as only a very small amount of
seedings are to be found. The land lies on two levels, with a steep
incline about 200 feet in elevation running east and west through the
center of the tract. A small pond covering about 10 acres lies at the
base of this incline with a creek running north to the Quinault River,
which runs through the northwest corner of the tract. For purposes of
comparison, it is noted that neighboring tracts sold accordingly:
Quinault allotment No. 695, described as SE 1/4 SE 1/4 Sec. 13, T. 21
N., R. 12 W., containing 40 acres, more or less. This tract is cut over
timberland with 5% reproduction coverage, one half swampy, with nearest
road development about one mile. The subject tract compares favorably
except in said types. It has a better timber growing potential. This
parcel sold for $600.00 in 551100. Quinault allotment No, 871,
described as: S 1/2 SW 1/4, Sec. 36, T. 22 N., R. 12 W., nearest road
development about one mile. The subject tract though more inaccessible,
is superior due to percent of reproduction and soil type. This parcel
sold for $600.00 in 551100. Quinault allotment No. 1959 described as:
NE 1/4 SW 1/4, Sec. 28, NE 1/4 NE 1/4, Sec. 29, all in T. 21 N., R. 11
W., Willamette Meridian, Washington, containing 80 acres, more or less.
This property is easily accessible, part swampy, cut over timberland,
with 20% reproduction coverage. The subject tract has better
reproduction and soil type, but due to accessibility, the two tracts are
similar in value. This property sold in 560600, for $1,610.00.
Quinault allotment No. 871, described as: S 1/2 SW 1/4, Sec. 36, T. 22
N., R. 12 W., Willamette Meridian, Washington, containing 80 acres, more
or less. This tract is cut over timberland, easily accessible, with 70%
restocking. The sale tract is superior to the subject tract due to age
and coverage of reproduction and accessibility. This sold in 570700 for
$2,140.00.
This information is offered to you only as a guide and is not to be
construed as a thoroughly reliable indication of the present fair market
value of the property. The determination of your competency affords
assurance that if, at some future date, you consider the sale or
encumbrance of this property, you will secure up to date market
information from recognized authorities in the field of property
evaluation. Should you sell the property, you should consider the
feasibility of reserving all or a portion of the minerals, including oil
and gas.
It is recommended that you record this patent with the Grays Harbor
County Recorder, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
can be obtained at your local post office. The State Forester, Olympia,
Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of judgment in your
dealings concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure: Fee Patent
Realty Chrony Green Chrony Subject File
HEL-010-0647-0648
HEL-010-0634-0649
BRADY, D J H
571211
CORRESPONDENCE
PAO DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
571211
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Appraisal report, dated 571126, covering the property of Robert Heh,
deceased, Quinault Allotment No. 767, consisting of approximately 86.24
acres of cut over timberland, has been approved in the amount of
$1,725.00. It is noted that a patent in fee has been requested.
The appraisal report can be used in preparation of the letter to the
patmates in accordance with the procedure and instructions outlined in
Office Memorandum, dated 570215, and letter, dated 570524, from the Area
Director to all Superintendents concerning the existing policy on patent
in fee appraisals.
Two copies of the approved appraisal report are returned for the
Agency files and should not be given to the landowner.
Sincerely yours,
L. LEMERY for J. L. Diddock Area Realty Officer
Enclosure
WMShenkel/go 571112
cc: Branch subject Branch Chrony Yellow chrony
HEL-010-0649-0649
LEMERY, L
HEL-010-0634-0649
RINGEY, C W W WASH AGENCY
571204
CORRESPONDENCE
W WASH AGENCY
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTEROFFICE TRANSMITTAL
Regular Mail
For Action
TO Area Director, Superintendent, Area Director.
FOR ATTENTION OF: Realty Section
FROM Western Washington Agency P. O. Box 915 Everett, Washington
FILE REFRENCE:
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION:
DATE: 571204
SUBJECT: Attached are the following Appraisals: Robert Hon, Q. 767
.................................................... . Dannie Hoh, Q.
266 .................................................... . Eunice Hoh,
Q. 23 ..................................................... . Lottie
Hoh, Q. 26 ..................................................... .
No significant errors were found in these appraisals, and they are
recommended for approval. Supervised Sales were originally planned on
these allotments but they have now been changed to Patents.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
BRANCH OF REALTY APPRAISAL REPORT
AREA Portland
AGENCY Western Washington
PROPERTY OF Robert Hoh, Quin. 767 deceased
PURPOSE OF APPRAISAL To determine the fair market value of the fee
simple title of the property.
LEGAL DESCRIPTION Lot 4 and SE 1/4 SW 1/4 Section 30 T. 23 N., R. 10
W., Willamette Meridian
STATE Wash.
COUNTY Grays Hbr.
TOWNSHIP 23 N.,
RANGE 10 W.,
NUMBER OF ACRES 86.24
TYPE AND CHARACTER cut over timberland
APPRAISED VALUATION AS OF 571126
FAIR MARKET VALUE $1,725.00
I certify that I have carefully examined the above described promises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intented future interest therein.
571126 L. C. McKeever, Forester
APPRAISAL REPORT
PROPERTY OF Robert Hoh, Quin. 767
Standard ten page report with location and vicinity maps attached.
APPRAISAL REPORT
PROPERTY OF Robert Hoh, Quin. 767
INSPECTION OF PROPERTY
This subject tract was inspected by the appraiser 571121. The owners
were not present at the time of inspection.
NEIGHBORHOOD ANALYSIS
The subject tract is located approximately 8 miles northwest of
Amanda Park and 49 miles north of Hoquiam, Washington, via 5 miles of
abandoned railroad grade, converted to a fire road off paved Highway
101.
Amanda Park is a small logging community of about 150, where daily
shopping, schools, postal service and public utilities are available.
Hoquiam is a complete shopping center of about 11,000.
The area around the subject tract is primarily timberland and the
economy of the area is based on timber products.
ADAPTABILITY
The subject tract is cut over timberland. It was clear cut in
530000. To date, the area is approximately 50 percent covered with
Hemlock and cedar, averaging about 3 years in age. The east and west
ends of the tract has a 100 percent a coverage but the central part has
only a sparce coverage.
The land is well drained, with a small all year round creek running
from the northeast to the southwest through the tract.
The soil is a gravelly clay formation, sloping gently from east and
west to the creek.
APPRAISAL REPORT
PROPERTY OF Robert Hoh, Quin. 767
DETAIL DESCRIPTION OF LAND
See Page 3
APPRAISAL REPORT
PROPERTY OF Robert Hoh, Quin 767
DETAIL DESCRIPTION OF IMPROVEMENTS
There are no structural improvements on the subject tract.
APPRAISAL REPORT
PROPERTY OF Robert Hoh, Quin, 767
MARKET DATA
The following sales were made in the same general area as the subject
tract and are comparable as indicated:
"Table not Keyed, See Original"
Cut over timberland with 5 percent coverage of reproduction, about
one half swampy. The nearest road development about one mile. The
subject tract though more inaccessible, is superior due to percent of
reproduction and soil type.
"Table not Keyed, See Original"
Easily accessible, part swampy, cut over timberland, with 20 percent
reproduction coverage. The subject tract has better reproduction and
soil type, but due to accessibility, the two tracts are similar in
value.
"Table not Keyed, See Originalc
Cut over timberland, easily accessible, with 70 percent restocking.
The sale tract is superior to the subject tract due to age and coverage
of reproduction and accessibility.
APPRAISAL REPORT
PROPERTY OF Robert Hoh, Quin. 767
CAPITALIZATION OF INCOME ANALYSIS (net prof: processing,
capitalization rate, assessed values and tazes, land charge, other
expenses, etc.)
There is no known income from the subject tract.
APPRAISAL REPORT
PROPERTY OF Robert Hoh, Quin. 767
SUMMARY OF LAND VALUES
"Table not Keyed, See Original"
SUMMARY OF IMPROVEMENT VALUES#
PROPERTY VALUE SUMMARY
APPRAISAL REPORT
PROPERTY OF Robert Hoh, Quin. 767
CORRELATION OF TECHNIQUES, CONCLUSIONS
The market data approach to value was the primary consideration in
arriving at the value of the property. The income approach was not
feasible as there was no known income from the tract.
After careful consideration of the various factors affecting value
for this type of land, including accessibility, type age and coverage of
reproduction, and soil type, it is the opinion of the appraiser that the
fair market value of the subject tract is $1,725.00.
PROPERTY OF: Robert Huh, 9767
TRACT MAP
"Not Keyed, See Original"
QUINAIELT INDIAN RESERVATION WASHINGTON
"MAP not Keyed, see Original"
HEL-010-0650-0661
HEL-010-0650-0661
AREA DIR DOI BIA BR OF REALTY
580825
CORRESPONDENCE
CULLEN, A W DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
ORIGINAL
File No. 80141 10942-58 BIA
Allotment No. 2137
Western Washington Indian Agency
580908
RECEIVED of C.W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1185787, issued 580822, in the name of Loyal Clark Reed as Quinault
Indian, for NE 1/4 NW 1/4, Sec. 25, T. 23 N., R. 11 W., and Lot 2, Sec.
6, T. 22 N., R. 11 W., W.M., Washington containing 79.87 acres
Witness Dean D. Zellan Arnold Hill
Loyal Clark Reed Patentee.
590126
In Reply Refer To:
Realty Requirements
10942-58
11f
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580825
Superintendent
Western Washington Agency
Fee patent numbered 1185787 issued 580822, to Loyal Clark Reed,
Quinault allottee numbered 2137 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C.E. Hill
Special Assistant, Requirements
Enclosures cc: Area Director, Portland Form 5-067 570400
HEL-010-0662-0664
HEL-010-0662-0684
SUPT W WASH AGENCY
580804
CORRESPONDENCE
SKARRA, P E
J PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580804
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Loyal Clark Reed, allottee, for a patent in fee on
land embraced in Quinault allotment No. 2137, pursuant to authority
delegated by Secretarial Order No. 2508 of 490111 (14 F.R. 258), and
Order No. 551 of the Commissioner, Bureau of Indian Affairs, dated
510329 (34 Stat. 182) 25 U.S.C., 1946 Fd., Sec 349. Act 080529 (35 Stat.
444)
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
Lot 2, Sec. 6, T. 22 N., R. 11 W., and NE 1/4 NW 1/4, Sec. 25, T. 23
N., R. 11 W., Willamette Meridian, Washington containing 79.87 acres,
more or less.
Sincerely yours,
(Sgd) Perry E. Skarra
Acting Area Director
cc: Central Office (BIA), w/encl
RECEIVED 580808 5856
HEL-010-0665-0666
HEL-010-0662-0684
DIR BUREAU OF LAND MGT
580721
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. REED, Loyal Clark Q. 2137
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Loyal
Clark Reed, Quinault allottee No. 2137 for a patent in fee on land which
is described as:
Lot 2, Sec. 6, T. 22 N., R. 11 W., and NE 1/4 NW 1/4, Sec. 25, T 23
N., R. 11 W., Willamette Meridian, Washington, containing 79.87 acres,
more or less.
Mr. Reed's references attest most favorably as to his ability to
manage his own affairs efficiently. The applicant is reported to have
completed one year of college work and is now the operator of a service
station. He is well established in the community of South Bend, paying
taxes on his own home, and having taken an active part in such
organizations as the American Legion and the Boy Scouts of America.
The application is supported in duplicate by a Land Status Report,
Statement of Understanding, and copies of the letter to the patentee.
The letter to the Bureau of Land Management is also included.
It is respectfully recommended that the applicant's request for
issuance of a fee patent be granted.
Sincerely yours,
(Sgd) C. W. Ringey, Superintendent
Enclosures
HEL-010-0667-0667
HEL-010-0662-0684
FOSTER, D C DOI BIA PORTLAND
580730
CORRESPONDENCE
WREN, C E BIA PORTLAND
Office Memorandum
UNITED STATES GOVERNMENT
TO: J. L. Diddock, Area Realty Officer Portland, Oregon
FROM: Branch of Realty, Western Washington Agency Everett,
Washington
SUBJECT: Application of Loyal Clark Reed for patent in fee to
Quinault Allotment No. 2137.
DATE: 580730
Attached are duplicate copies of letters to Rayonier and to Mr. Reed.
In rechecking our right of way files, we were unable to find where a
right of way had ever been granted crossing the NE 1/4 NW 1/4, Sec. 25,
T. 23 N., R. 11 W., Willamette Meridian.
In checking with Mr. John W. Libby, Forest Manager, he stated that to
his knowledge Rayonier did not have a right of way crossing the above
mentioned property. On 580728, Mr. Libby called Mr. Don W. Clark,
Assistant Forest Manager at Hoquiam, Washington, and requested that he
recheck his appraisal report prepared 580411, to determine if there is a
right of way crossing this allotment.
After rechecking, Mr. Clark reported that a typographical error was
made and the report should read that Rayonier's logging road passes near
the northwest corner of the above mentioned property. The inspection
report has been corrected to comply with correction.
(Sgd) C. E. Wren
C. E. Wren Assistant Real Property Officer
Enclosures
HEL-010-0668-0668
HEL-010-0662-0684
DIDDOCK, J L DOI BIA PORTLAND
580205
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. REED, Loyal Clark Q. 2137
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580205
Mr. Loyal Clark Reed P.O. Box 695 South Bend, Washington
Dear Mr. Reed:
We wish to notify you that favorable progress has been made on your
application for a fee patent on your allotment.
It is noted that your allotment is subject to Timber Contract No.
I-101-1902-IND which expires 860401. The issuance of the fee patent
will in no way affect the validity of the existing contract with
Rayonier, Incorporated.
Your application will be forwarded to the Bureau of Land Management
for issuance of the fee patent on the expiration of a thirty day period
following the notification of the firm holding the timber contract on
your allotment. The notice to the contractor was sent today.
Sincerely yours,
C. W. Ringey
For Superintendant
cc: Portland Area Office 2
HEL-010-0669-0669
HEL-010-0662-0684
REED, L C
580205
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. REED, Loyal Clark Q. 2137
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580205
Rayonier Incorporated P.O. Box 539 Hoquiam, Washington
Gentlemen:
The owner of Quinault allotment No. 2137, Loyal Clark Road, has
requested a fee patent on his land which is described as:
Lot 2, Sec. 6, T. 22 N., R. 11 W., and NE 1/4 NW 1/4, Sec. 25, T. 23
N., R. 11 W., Willamette Meridian, Washington, containing 79.87 acres.
The Bureau proposes to issue the requested patent thirty days from
the date of this notice.
This allotment is subject to Timber Contract I-101-IND-1902 which
expires 860401 Rayonier, Incorporated being the contractor. The
issuance of the fee patent to the allottee will in no way affect the
validity of the existing timber contract. The prospective patentee will
be likewise notified immediately.
This notice is given so that you may protect your interests by making
the contract a matter of public record as to the access rights not
covered in any specific right of way granted.
Sincerely yours,
(Sgd) M. L. Schwartz
For C. W. Ringey Superintendent
cc: Portland Area Office 2
HEL-011-0670-0670
HEL-011-0662-0684
RAYONIER INC
580723
CORRESPONDENCE
DIDDOCK, J L DOI BIA
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
580723
Attention: Branch of Realty
Branch of Realty Portland Area Office
Application of Loyal Clark Reed for patent in fee to Quinaielt
allotment No. 2137
In checking the above file it was noted that the Land Status Report
makes no mention of Rayonier's logging road which, according to the
inspection report, crosses the northwest corner of the allotment. We
noted also from a copy of our memorandum of 580210 that two copies of a
notice to Rayonier and a letter to Mr. Reed had been returned to the
agency at that time, with request that they be included in the file when
the case was resubmitted upon expiration of the 30 day waiting period.
Will you please send them to us so we may place them in the files.
As soon as they are received, the request for issuance of patent will be
forwarded to the Bureau of Land Management.
The application was submitted with your letter of 000721.
J. L. Diddock Area Realty Officer
JLDiddock/hm 580723 cc: Branch subject Branch chrony Yellow chrony
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 Reed, Loyal Clark
No. 2137
Reservation Quinault
Application is hereby made for (patent in fee)# for the following
described land: NE 1/4 NW 1/4, Sec. 25, T., 23 N, R. 23 N., Willamette
Maridian, Washington containing 40 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 35
2. Date of Birth 230304
3. Degree of Indian Blood 1/4
4. Married (strike out one)
5. Education: Years in College 1
6. The following persons are dependent upon me for support (Give
names, ages and relationship) wife, Kathleen (wife) age 35. Melvin
(son) age 15
7. I am enrolled as a Quinault Indian
8. Permanent address Box. 695. South Band, Washington
9. The amount of my annual income is $4,800.00
#Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: Riggan Man for
Logging Operation-Gerber Bunner, South Bend.
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 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 $ 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:
retain the land and log the timber myself.
b. I intend to use the proceeds of sale for the following purposes:
private purposes
I (We)# 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 fro 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.
Loyal Clark Reed Loyal Clark Reed
Subscribed and sworn before me this 580114 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants and the application is hereby approved.
Notary Pufae Title
Claude D. Albright
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
Reed, Loyal Clark No. 2137
Reservation Quinault
570913
Application is hereby made for (patent in fee) for the following
described land: Lot 2, Sec. 6, T. 22 N., R. 11 W., Willamette Meridian
containing 39.87 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 35
2. Date of Birth 230403
3. Degree of Indian Blood 1/4
4. Married (strike out one)
5. Education: Years in elementary school High School College 1
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Wife, Kathleen age 35 and one son Melvin
age 15
7. I am enrolled as a Quinault Indian
8. Permanent address Box 695, South Bend, Washington
9. The amount of my annual income is $4,800.00
#Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following source: Rigging Man
for Logging Operation, Gerber Bunker, South Bend
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 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 $ 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:
Retain the land and log the timber myself.
b. I intend to use the proceeds of sale for the following purposes:
I (We)# 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 (3) 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.
Loyal Clark Reed
Subscribed and sworn before me this 570913. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants and the application is hereby approved.
Title Forester
APPLICATION APPROVED
Claude D. Albright
Superintendent
STATEMENT OF UNDERSTANDING
(To be attached to application for Patent in Fee)
The undersigned applicant fully understands that if a few patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Loyal Clark Reed (Applicant)
LAND STATUS REPORT
Loyal Clark Reed, Quinault No. 2137, land described as: Lot 2, Sec.
6, T. 22 N., NE 1/4 NW 1/4, Sec. 25, T. 23 N., all in R. 11 W.,
Willamette Meridian, Washington, containing 79.87 acres.
Trust Patent No. 1063564 on the above described lands was issued
330421, to Loyal Clark Reed, pursuant to the Act of 870208 (24 Stat.
388) as amended by the Act of 110304 (36 Stat. 1345).
There have been no subsequent conveyances or transactions affecting
ownership or acreage of this parcel.
There is no record of easement or rights of way.
The land is not within an irrigation project.
The allottee is living; no Abstract of Probates is required.
There is no known indebtedness to the Government or to the Quinault
Tribe.
It is hereby certified that the land description given above has been
varified by comparison to the original patent. It is further certified
that the above is a true and complete report according to all records of
this Agency.
Clyde E. Wren Real Property Assistant Western Washington Agency
Everett, Washington 580718
HEL-010-0671-0679
HEL-010-0662-0684
RINGEY, C W W WASH AGENCY BR OF REALTY
000000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. REED, Loyal Clark Q. 2137
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Loyal Clark Reed P.O. Box 695 South Bend, Washington
Dear Mr. Reed:
Pursuant to your request, and predicated upon the finding of your
being competent to prudently conduct business transactions involving
your trust property, there is respectfully presented a patent in fee to
property legally described as:
Lot 2, Sec. 6, T. 22 N., R. 11 W., and NE 1/4 NW 1/4, Sec. 25, T. 23
N., R. 11 W., Willamette Meridian, Washington, containing 79.87 acres,
more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an inspection of the
above described premises.
This cursory inspection, which was made on 580411, by staff
technicians of this office, disclosed that the tract is located
approximately 46 miles north of Hoquiam, Washington, in the Crane Creek
Logging Unit. The timber is not under contract. The portion of the
allotment in Sec. 6 is located about 4 miles south of U. S. Highway 101,
and is relatively inaccessible from the standpoint of roads into, or
near the property; the other portion, about 1 mile south of U. S.
Highway 101, is accessible by road. This property is all timberland,
and is best suited for the production of timber and/or timber products.
An analysis of sales of similar property having comparable quality of
timber and accessibility, indicate that the subject property would have
an estimated value of $32,000.00 to $37,000.00, dependent upon marketing
conditions at time of sale.
This information is offered as a guide, and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
property. The determination of your competency affords assurance that
if at some future date you consider the sale or encumbrance of this
property, you will secure up to date market information from recognized
authorities in this field. If you sell the property, you should
consider the feasibility of reserving all or a portion of the minerals,
including oil and gas.
It is recommended that you record this patent with the Grays Harbor
Recorder, Montesano, Washington. Should you desire information on real
estate taxes, you should contact the County Assessor who is also located
at Montesano. Authoritative Federal Income Tax information can be
obtained from the District Director, Internal Revenue Service, Tacoma 2,
Washington, or from your local branch office, the address of which you
can obtain at your post office. The State Forester, Olympia,
Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgment
in your dealings concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure
cc: Portland Area Office
HEL-010-0680-0681
HEL-010-0662-0684
REED, L C
580603
CORRESPONDENCE
SHENKEL, W M W WASH AGENCY
Report approved: 580526
Western Wash. Agency
Realty
Portland Area Office Branch of Realty
Loyal C. Reed Q-2137, 79.37 acres Realty Appraisal 580603 Memo Inv.
Report
Attached are two copies of Memo Inventory Report, dated 580511,
covering subject property. The information contained therein appears
sufficient to assist materially in the preparation of the letter to the
recipient of the patent in fee in accordance with established procedure.
WMShenkel/cl 580603
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0682-0682
HEL-010-0662-0684
PAO
580411
CORRESPONDENCE
CLARK, D W DOI BIA SHEKEL, W M
Branch of Realty Thro: Superintendent
580411
Don W. Clark, Assistant Forest Manager
Inspection of the property of Loyal C. Peed, Quin. Allot. No. 2137,
described as Lot 2, Section 6, T. 22 N., R. 11 W., and NE 1/4 NW 1/4
Section 25, T. 23 N., R. 11 W., W.M., comprising 79.87 acres, more or
less.
A cursory inspection of this property was made on 580316. No
inventory was obtained.
The property is located approximately 46 miles north of Hoquiam,
Washington, in the crane Creek Logging Unit. The timber is not under
contract. The portion of the allotment in Section 6 is located about 4
miles south of U.S. Highway 101 and is relatively inaccessible from the
standpoint of roads into or near the property; the other portion about
1 mile south of U. S. Highway 101 is accessible by road. (One of
Rayonier's roads crosses the northwest corner.)
This property is all timberland, and is best suited for the
production of timber and/or timber products.
An analysis of sales of similar property having comparable quality of
timber and accessibility, indicate that the subject property would have
an estimated value of $32,000, $37,000, dependent upon marketing
conditions at time of sale.
This information is offered as a guide, and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
property.
Don W. Clerk, Appraiser Assistant Forest Manager
Reviewing Date 580525
Reviewing Appraiser William M Shenkel
HEL-010-0683-0683
HEL-010-0662-0684
SUPT DOI BIA BR OF REALTY
580210
CORRESPONDENCE
DIDDOCK, J L BR OF REALTY
Realty
580210
Mr. Clarence W. Ringey Superintendent, Western Washington Agency
Attention: Branch of Realty
Portland Area Office Branch of Realty
Proposed issuance of patent in fee to Loyal Clark Read for his
Quinaielt allotment No. 2137.
Two copies of the notice to Rayonier and the letter to Mr. Reed, both
dated 000205, are being returned so that they may be included in the
file when the case is submitted upon expiration of the 30 day waiting
period. As stated in our memorandum of even date in connection with the
application of Alvin Prior for petent to Quinaielt 2132, the case should
not be submitted to this office until 30 days from date of notice to the
contractor and applicant.
J. L. Diddock Area Realty Officer
Enclosure
cc: Branch subject Branch chrony Yellow chrony GMLeighton/ev 580210
HEL-010-0684-0684
HEL-010-0662-0684
RINGEY, C W W WASH AGENCY BR OF REALTY
580815
CORRESPONDENCE
SKARRA, P E PAO
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
ORIGINAL
File No. 80209 11462-58 B.I.A.
Allotment No. 1624
Western Washington Indian Agency
580905
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee)
Patent No. 1185858, issued 580826 in the name of Alfred Edward Becken,
an Quinault Indian, for NW 1/4 NE 1/4, Sec. 20, T. 21 N., R. 11 W.,
Willamette Meridian, Washington, containing 80.00 acres.
Witness:
C P Maithes Patentee. Alfred Edward Becken
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Alfred Edward Becken, allottee, for a patent in
fee on land embraced in Quinault Allotment No. 1624, pursuant to
authority delegated by Secretarial Order No. 2508, of 490111 (14 F.R.
258) and Order No. 551 of the Commissioner, Bureau of Indian Affairs,
dated 510329 (16 F.R. 2939) has been approved, pursuant to the Act of
060508 (34 Stat. 182, 25 U.S.C., 1946 Ed. Sec. 349).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
NW 1/4 NE 1/4, SW 1/4 NW 1/4, Sec. 20, T. 21 N., R. 11 W., Willamette
Meridian, Washington, containing 80 acres, more or less.
Sincerely yours,
Perry E. Skarra
Area Director
cc: Central Office (BIA), w/encl.
RECEIVED 580820 6222
HEL-010-0685-0688
HEL-010-0685-0699
DIR BUREAU OF LAND MGT
580807
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. BECKEN, Alfred R. Q. 1624
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Alfred
Edward Becken, Quinault allottee No. 1624, for a patent in fee, for
lands described as:
NW 1/4 NE 1/4, SW 1/4 NW 1/4, Sec. 20, T. 21 N., R. 11 W., Willamette
Meridian, Washington, containing 80 acres, more or less.
Mr. Becken's references include business and professional people who
recommends him to be competent to prudently manage his trust property.
Inasmuch as the applicant has been determined competent to manage his
trust property, it is respectfully recommended that applicant's request
for issuance of a fee patent be granted.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report, and copies of letter to patentee.
The letter to the Bureau of Land Management is also included.
Sincerely yours,
Superintendent
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 Alfred
Edward Becken
No. 1624
Reservation Quinault
580317 (date)
Application is hereby made for (patent in fee) for the following
described land: NW 1/4 NE 1/4, Sw 1/4 NW 1/4, Sec. 20. T. 21 N., R. 11
W., Willamette Meridian 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 62
2. Date of Birth 950826
3. Degree of Indian Blood 1/8
4. Married
5. Education: Years in elementary school 8 High School Part 1
College No
6. The following persons are dependent upon me for support (Give
names, age and relationship) Lucile Becken, wife 59 years
7. I am enrolled as a Quinault Chinock Indian (Name of Tribe)
8. Permanent address Box 183 Chinook, Wash.
9. The amount of my annual income is $2500.00
#Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: Interest on
investments
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 (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 $ 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:
Sale
b. I intend to use the proceeds of sale for the following purposes:
Investments
I (We)# 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 (3)
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.
Alfred Edward Becken Alfred Edward Becken
Subscribed and sworn before me this 580317 I hereby certify that the
effect of this application was explained to and fully understood by the
applicants
APPLICATION APPROVED acting Superintendent
STATEMENT OF UNDERSTANDING
(To be attached to application for Patent in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Alfred E. Becken (Applicant)
Date 580515
L A N D S T A T U S R E P O R T
Pursuant to the Act of 870208 (24 Stat. 388) as amended, trust patent
No. 1063039 330421, was issued to Alfred Edward Becken, Quinault
Allottee No. 1624, for lands described as NE 1/4 NE 1/4, and SW 1/4 NW
1/4, Sec. 20, T. 21 N., R. 11 W., Willamette Meridian, Washington,
containing 80 acres, more or less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of this allotment.
The land is not within an Indian irrigation project.
The original allottee is living. No probate fees involved.
There is no record of indebtedness to the U. S. or the Quinault Tribe
against the land or the allottee.
As of this date, Quinault Allotment No. 1624 described as NW 1/4 NE
1/4 and SW 1/4 NW 1/4, Sec. 20, T. 21 N., R. 11 W., W.M., containing 80
acres, remaining in trust status, is owned by the original allottee,
Alfred Edward Becken. I hereby certify that the above date is complete
and correct according to the official records of the Western Washington
Agency.
Marilyn L. Ping Marilyn L. Ping Realty Analyst Western Washington
Agency Everett, Washington 580425
HEL-010-0689-0694
HEL-010-0685-0699
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
CORRESPONDENCE
RINGEY, C W
Realty
Acq. & Disp.
BECKEN, Alfred E.
Q. 1624
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Certified Returned Receipt Requested
Mr. Alfred Edward Becken
Box 183
Chinock, Washington
Dear Mr. Becken:
Pursuant to your request and predicated upon the finding of your
being competent to prudently conduct business transaction involving your
trust property, there is respectfully presented a patent in fee to
property legally described as:
NW 1/4 NE 1/4, SW 1/4 NW 1/4, Sec. 20, T. 21. N., R. 11 W.,
Willamette Meridian, Washington, containing 80 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, this office has caused an inspection report to
be made of the above described property.
The inspections were made on 580506 and 580611 by staff technicians
of the Bureau of Indian Affairs, and indicates the following factors.
This property is located within an area known as the Hall Logging Unit,
and located approximately 10 to 12 miles northwest of Moclips,
Washington and immediately adjacent to a travel surfaced light duty
road. Area was logged in 400000 to 440000. Present stand consists of
lodgepole and cedar poles which were left during logging. This stand is
patchy with opening reproducing to cedar 5 to 15 years and 40 to 70%
density. Topography is nearly level. Drainage poor and site quality
poor to fair.
One the basis of these inspections of your property, the records of
the Bureau show lands having generally similar characteristics are being
sold on the open market for approximately $12.00 to $16.00 per acre.
The above information is offered to you only as a guide and is not to
be construed as a thoroughly reliable indication of the present fair
market value of the property. The determination of your competency
affords assurance that if, at some future data, you consider the sale or
encumbrance of this property, you should consider the feasibility of
reserving all or a portion of the minerals, including oil and gas.
The above information is offered as a guide, and is not to be
construed as a thoroughly reliable indication of the present fair market
value of the property. The determination of your competency affords
assurance that if, at some future date, you consider the sale of
encumbrance of this property, you will secure the service of specialist
in the field of evaluation. Should you sell the property, you should
consider the feasibility of reserving all or a portion of the minerals,
including oil and gas.
It is recommended that you record this patent with the Grays Harbor
County Recorded, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
can be obtained at your local post office. The State Forester, Olympia,
Washington, can furnish information on the various regulation pertaining
to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgement
in your dealings concerning this property.
Sincerely yours,
C.W. Ringey
Superintendent
Enclosure
It is recommended that you record this patent with the Grays Harbor
County Recorder, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
can be obtained at your local post office. The State Forester, Olympia,
Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgement
in dealings concerning this property.
Sincerely yours,
C.W. Ringey
Superintendent
Enclosure: Fee Patent
HEL-010-0695-0696
HEL-010-0685-0699
BECKEN, A E
580717
CORRESPONDENCE
SHENKEL, W M
Western Washington Agency
Branch of Realty
Portland Area Office Branch of Realty
BECKEN, Alfredo Edward Q-1624, 80 acres, Memo, Inv, Report
Realty Appraisals 580717
Attached for your file are two copies of approved Memorandum
Inventory Report, dated 580612, covering the subject property. The
information contained therein appears sufficient to assist materially in
the preparation of the letter to the recipient of the patent in fee, in
accordance with established procedure.
WMShenkel/gs 580717
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0697-0697
HEL-010-0685-0699
PAO BR OF REALTY
580630
CORRESPONDENCE
W WASH AGENCY
INTER-OFFICE TRANSMITTAL
For Attention: Appraisal Section
From: WESTERN WASHINGTON AGENCY Everett, Washington
580630
Subject: The following appraisal reports are submitted for your
approval:
RECKEN, Oliver Russell Q. 1623
RECKEN, Alfredo Edward Q. 1624
BUTLER, Markishtum Makah
DAVID, Thomas T. 78
DAVID, Thomas Part of T.78
ROW, Samuel (3) Q.265
ROSS, Roberts L. Q.834
YELLOUT, Jim N.21
HEL-011-0698-0698
HEL-011-0685-0699
APPRAISAL SECTION
580612
CORRESPONDENCE
FILKINS, E E
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Date: 580612
Memorandum
To: Superintendent, C. W. Ringey, WWIA
From: Appraiser Elgin E. Filkins
Subject: Inventory information for patent in fee covering the
following allotment:
Allottee: Alfredo Edward Becken (Name) Quinault (Reservation)
Allotment No. 1624 Described as NW 1/4 NE 1/4 Section 20, T. 21 N.,
R. 11 W., Willamette Meridian comprising 80 acres, more or less.
I reviewed the value of the above property on The information
contained in the following paragraphs may be included in your letter to
the applicant at the time the patent in fee is delivered.
"A tentative review of your property value was made on 580506, 580611
by staff technicians of the Bureau of Indian Affairs. This property is
located within an area known as the Hall Logging Unit, and located
approximately 10-12 miles northeast of Moclips, Washington and
immediately adjacent to a gravel surface light-duty road. Area was
logged in 400000 - 440000. Present stand consists of lodgepole and
cedar poles which were left during logging. This stand is patchy with
opening reproducing to cedar 5-15 years and 40-70% density. Topography
is nearly level. Drainage poor and site quality poor to fair.
"On the basis of this preliminary examination of your property, the
records of the Bureau show lands having generally similar
characteristics are being sold on the open market for approximately
$12-16 per acre."
Reviewed: 580711 (Date) /s/ William M. Shenkel Reviewing Appraiser
/s/ Elgin E. Filkins Appraiser
Elgin E. Filkins
COPY
HEL-010-0699-0699
HEL-010-0685-0699
RINGEY, C W W WASH INDIAN AGENCY
580815
CORRESPONDENCE
SKARRA, P E PAO
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
ORIGINAL
RECEIPT FOR PATENT
80208
File No. 11463-58 B. I. A.
Allotment No. Q. 1623
Western Washington Indian Agency
580909,
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1185857, issued 580826, in the name of Alfred Becken and Grace
Becken Masny heirs of Olive Russel Becken Quinault Indian, for NW 1/4NM
1/4, Sec. 28, NE 1/4 SW 1/4, Sec. 20, T, 21 N., R. 11 W., Willamette
Meridian, Washington, containing 80.00 acres.
Witness: Mrs Gloria Kump
Grace Becken Masny, Patentee for herself and for Alfred Edward Becken
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580815
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Alfred Edward Becken and Grace Becken Masny,
heirs, for a patent in fee for land embraced in Quinaielt allotment No.
1623 of Olive Russell Becken, pursuant to authority delegated by Order
No. 551 of the Commissioner, Bureau of Indian Affairs, dated 510329, (16
F. R. 2939), has been approved in accordance with the provisions of the
Act of 100625, as amended (36 Stat. 855 as amended; 25 U.S.C. 372).
It is requested that a patent in fee be issued jointly to ALFRED
EDWARD BECKEN for an undivided 1/2 interest and to GRACE BECKEN MASNY
for an undivided 1/2 interest in the following described land, provided
there are no reasons appearing on the records of the Bureau of Land
Management why such patent should not be issued:
NE 1/4 SW 1/4, sec. 20, and NW 1/4 NW 1/4 sec. 28, T. 21 N., R. 11
W., Willamette Meridian, Washington, containing 80.00 acres, more or
less.
Sincerely yours,
Perry E. Skarra
Assistant Area Director
cc: Central Office (BIA), w/encl.
Branch of Realty
Bureau of Indian Affairs
Received 580820
RE: 6222
HEL-010-0700-0703
HEL-010-0700-0721
DIR BUREAU OF LAND MGT
580807
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. BECKEN, Olive R. Q. 1623
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580807
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
Attached, is duplicate, are the approved applications of Alfred
Edward Becken and Grave Becken Masny, heirs of Olive Russell Becken,
deceased allottee, for a patent in fee on the allotment of Olive Russell
Becken, Quinault No. 1623, for lands describes as:
NE 1/4 SW 1/4, Sec. 2G, and the NW 1/4 NW 1/4, Sec. 28; all in T. 21
N., R. 11 W., Willamette Meridian, Washington, containing 80 acres, more
or less.
Both applicats have been determined capable of managing their
business affairs competently, thru references furnished by professional
people in a position to vouch for their thrift and business acumen.
The applications are supported by duplicate Statements of
Understanding, Land Status Report, Abstract of Probates and copies of
letters to the patentees. The letter to the Bureau of Land Management
is also enclosed.
As the applicants have been determined competent to manage this trust
property, it is respectfully recommended that request for issuance of a
few patent be granted.
Sincerely yours,
(sgd) W. L. SCHWARTZ
ACTING Superintendent
Enclosure
Form No. 5-105
550500
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS 580418
Application for Patent in Fee or for the Sale of Indian Land Olive
Russell Becken
Allottee (deceased)
No. 1623
Reservation Quinault
Application is hereby made for (patent in fee) (for 50% undivided
interest for the following described land: NE 1/4 SW 1/4, Sec, 20, T.
21 N., R. 11 W., and NE 1/4 NW 1/4, Sec. 28, T. 21 N., R. 11 W., W. M.
containing 80 acres, more or less.
In justification of this application, true statement are made to the
following items (item 15 only is applicable for the sale of inherited
lands in multiple ownership):
1. Age 60
2. Date of Birth 970623
3. Degree of Indian Blood 1/8
4. Single Married (strike out one) Widow
5. Education: Years in elementary school 8 High School 4 College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) none
7. I am enrolled as a Quinault (Name of Tribe) Indian
8. Permanent address 2719 E. 15th St. Vancouver, Wash.
9. The amount of my annual income is $3400
#Strike out words not applicable.
EXHIBIT No. 8
10. My income is obtained from the following sources: Nursing &
rental of income 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.) none
12. If indebted to the United States, state amount and purpose of
indebtedness. (If not, state none.) none
13. I (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 $ 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:
Medical care (diabetic) Savings
(e)# 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 (3)
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.
Grace Becken Masny
Subscribed and sworn before me this 580806. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants.
Olive Russell Becken Quinault No. 1623
Grace Becken Hingston Masny Quinault No. 1988
STATEMENT OF UNDERSTANDING
(To be attached to application for Patent in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of much
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Grace Becken Hingston Masny
(Applicant)
date 580428
AFFIDAVIT OF IDENTITY
I, Clyde E. Wren, Real Property Assistant, Western Washington Agency,
Everett, Washington, certify:
GRACE BECKEN MASNY and GRACE BECKEN HINGSTON MASNY is one and the
same person.
Clyde E. Wren
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
I, Charles P. Mathes, Notary Public in and for the State of
Washington, residing at Everett, Washington, do hereby certify that on
this 580730, personally appeared before me Clyde E. Wren, Real Property
Assistant, Western Washington Agency, Everett, Washington, to me known
to be the individual described in and who executed the foregoing
instrument and acknowledged that he signed and sealed 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 580730.
Charles P. Mathes
Notary Public in and for the State of Washington, residing at
Everett, Washington
My Commission Expires
620306
Form No. 5-105
550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land Clive
Russell Becken
Allottee No. 1623
Reservation Quinanult
580317
Application is hereby made for (patent in fee) for 50% undivided
interest for the following described land: NE 1/4 SW 1/4, Sec. 20, NW
1/4 NW 1/4Sec. 28, all in T. 21 N., 2, 11 W., Willamette Merdian
containing 80 acres, more or less.
In justification of this application, true statements are made to the
following items (items 15 only is applicable for the sale of inherited
lands in multiple ownership):
1. Age 62
2. Date of Birth 950826
3. Degree of Indian Blood 1/8
4. Married
5. Education: Years in elementary school 8 High school part 1
College none
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Lucile Becken, Wife 59 years.
7. I am enrolled as a Quinault Chinnok Indian
8. Permanent address Box 183, Chinnok, Wash.
9. The amount of my annual income is $2500.00
EXHIBIT NO. 8
10. My income is obtained from the following sources: Interest on
investments
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 (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 $ none (If
not leased, stat 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:
Sale
b. I intend to use the proceeds of sale for the following purposes:
Investments.
I (We) 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
purchaser price.
Form No. 5-105 (3) 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.
Alfred Edward Becken
Subscribed and sworn before me this 580317. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants.
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Alfred E. Becken
(Applicant)
Date 580515
LAND STATUS REPORT
Pursuant to Act of 870208 (24 Stat. 388) as amended, trust patent No.
1063058 dated 330421, was issued to Olive Russell Becken, Quinault
Allottee No. 1623, for lands described as NE 1/4 SW 1/4, Sec. 20, and NW
1/4 NW 1/4, Sec. 28, T. 21 N., R. 11 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
There have been no subsequent transactions since issuance of above
patent, affecting acreage or ownership of above allotment.
The land is not within an Indian irrigation project.
The land is in heirship status and an Abstract of Probates report is
attached.
There are no unpaid probate fee of record.
There is no record of indebtedness to the U.S. or the Quinault Tribe
against the land, allottee or the heirs.
As of this date, as evidenced by the attached Abstract of Probates,
the ownership of the land remaining in trust status described as NE 1/4
SW 1/4, Sec. 20, and NW 1/4 NW 1/4, Sec. 28, T. 21 N., R. 11 W.,
Willamette Meridian, containing 80 acres, more or less, Quinault
Allotment No. 1623, is as follows:
Alfred Edward Becken, an undivided 1/2 interest
Grace Becken Masny, an undivided 1/2 interest
I hereby certify that the above data is complete and correct
according to the official records of the Western Washington Agency.
Marilyn L. Ping Realty Analyst Western Washington Agency Everett,
Washington 580425
ABSTRACT OF PROBATES
Estate of OLIVE RUSSELL RECKEN, Quinault No. 1623 Died: 380528
Probate: 16690-40
Land described as: NE 1/4 SW 1/4, Sec. 20, NW 1/4 NW 1/4, Sec. 28,
T. 21 N., R. 11 W., Willamette Meridian, Washington, containing 80
acres.
Heirs: (By Will)
Alfred Edward Becken 1/2 Grace Becken masny 1/2
Fee and claims paid.
I, the undersigned, do hereby certify that this is a true and correct
Abstract of Probates on the above described estate according to all
records in this office.
Marilyn L. Ping, Realty Analyst Western Washington Indian Agency
Everett, Washington 580425
HEL-010-0704-0715
HEL-010-0700-0721
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
580717
CORRESPONDENCE
SHENKEL, W M W WASH AGENCY
Western Washington Agency
Branch of Realty
Portland Area Office
Branch of Realty
BECKEN, Olive Russel
Q. 1623, 80 acres
Memo. Inv. Report
Realty-Appraisal
580717
Attached for your file are two copies of approved Memorandum
Inventory Report, dated 580612, covering the subject property. The
information contained therein appears sufficient to assist materially in
the preparation of the letter to the recipient of the patent in fee, in
accordance with established procedure.
WMShenkel/gs
580717
cc: Branch subject
Branch chrony
Yellow chrony
HEL-010-0716-0716
HEL-010-0700-0721
PAO BR OF REALTY
580000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. LECKEN, Olive R. Q. 1623
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mrs. Grace Becken Masny Box 183 Chinook, Washington
Dear Mrs. Masny:
Pursuant to your request, and predicated upon the finding of your
being competent to prudently conduct business transactions involving
your trust property, a patent in fee has been issued to you and Alfred
Edward Becken; each owning a 1/2 undivided interest in the following
described property:
NW 1/4 SW 1/4, Sec. 20, and the NW 1/4 NW 1/4, Sec. 28, all in T. 21
N., R. 11 W., Willamette Meridian, Washington, containing 80 acres, more
or less.
Inasmuch as only one document has been issued covering all of the
interest, we will require a statement signed by both of you giving one
authority to receive the patent.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an inspection of the
above described premises. This cursory inspection which was made on
580506 and 580611, by staff technicians of this office, disclosed that
tract is located within an area known as the Hall Logging Unit and
located approximately 10 to 12 miles northwest of Noclips, Washington,
immediately adjacent to an improved light duty road. Topography is
level to nearly level. Drainage is poor. The area was cutover in
440000. The present stand consists of hemlock and cedar from 10 to 20
years and 10 to 40% stocked. One third of the area supports a scattered
stand of lodgepole and cedar poles of low quality. Undergrowth is dense
salal and huckleberry brush. Site quality is generally poor to fair.
The tract is best suited for the production of timber and/or timber
products. On the basis of the inspection report of your property, the
records of the Bureau show lands having generally similar
characteristics are being sold on the open market for approximately
$14.00 to $16.00 per acre.
The above information is offered as a guide, and is not to be
construed as a thoroughly reliable indication of the present fair market
value of the property. The determination of your competency affords
assurance that if, at some future date, you consider the sale or
encumbrance of this property, you will secure the service of specialists
in the field of evaluation. Should you sell the property, you should
consider the feasibility of reserving all or a portion of the minerals,
including oil and gas.
It is recommended that you record this patent with the Grays Harbor
County Recorded, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
can be obtained at your local post office. The State Forester, Olumpia,
Washington, can furnish information on the various regulation pertaining
to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgement
in your dealings concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure
HEL-010-0717-0718
HEL-010-0722-0722
MEENEY, G B
000000
CORRESPONDENCE
RINGEY W WASH INDIAN AGENCY
Realty Acq. & Disp. BECKEN, Olive R. Q. 1623
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Alfred Edward Becken Box 183 Chinock, Washington
Dear Mr. Becken:
Pursuant to your request, and predicated upon the finding of your
being competent to prudently conduct business transaction involving your
trust property, a patent in fee has been issued to you and Grace Becken
Meany: each owning a 1/2 undivided interest in the following described
property:
NE 1/4 SW 1/4, Sec. 20, and the NW 1/4 NW 1/4, Sec 28, all in T. 21
N., R. 11 W., Willamette Meridian, Washington, containing 80 acres, more
or less.
Inasmuch as only one document has been issued covering all of the
interest, we will require a statement signed by both of you giving one
authority to receive the patent.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an inspection of the
above described premises. This cursory inspection, which was made on
580506 and 580611, within an area known as the Kall Logging Unit and
located approximately 10 to 12 miles northwest of Moclips, Washington,
immediately adjacent to an improved light duty road. Topography is
level to nearly level. Drainage is poor. The area was cut over in
440000. The present stand consists of hemlock and cedar from 10 to 20
years and 10 to 40% stocked. One third of the area supports a scattered
stand of lodgepole and cedar poles of low quality. Undergrowth is denie
salal and huckleberry brush. Site quality is generally poor to fair.
The tract is best suited for the production of timber and/or timber
products. On the basis of the inspection report of your property, the
records of the Bureau show lands having generally similar
characteristics are being sold on the open market for approximately
$14.00 to $16.00 per acre.
It is recommended that you record this patent with the Grays Harbor
County Recorded, Montesano, Washington. Should you desire information
on real estate taxes, you should contact the County Assessor who is
located at Montesano. Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office, the address of which
can be obtained at your local post office. The State Forester, Olumpia,
Washington, can furnish information on the various regulation pertaining
to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgement
in your dealings concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure
HEL-010-0719-0720
HEL-010-0701-0721
BECKEN, A E
580612
CORRESPONDENCE
FILKINS, E E DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Date: 580612
Memorandum
To: Superintendent, C. W. Ringey, WWIA
From: Appraiser Elgin E. Filkins
Subject: Inventory information for patent in fee covering the
following allotment:
Allottee: Olive Russel Becken Quinault
Allotment No. 1623 Described as NE 1/4 SW 1/4 Section 20, and the NW
1/4 NW 1/4 Section 28, T. 21 N., R. 11 W., Willamette Meridian
comprising 80 acres, more or less.
I reviewed the value of the above property on. The information
contained in the following paragraphs may be included in your letter to
the applicant at the time the patent in fee is delivered.
"A tentative review of your property value was made on 580506 &
580611, by staff technicians of the Bureau of Indian Affairs. This
property is located within an area known as the Hall Logging Unit and
located approximately 10 to 12 miles northeast of Moclips, Washington,
immediately adjacent to an improved light duty road. Topography is
level to nearly level. Drainage is poor. The area was cutover in
440000. The present stand consists of hemlock and cedar from 10 to 20
and 10 to 40% stocked. One third of the area supports a scattered stand
of lodgepole and cedar poles of low quality. Undergrowth is dense salal
and huckleberry brush. Site quality is generally poor to fair. The
tract is best suited for the production of timber and/or timber
products.
"On the basis of this preliminary examination of your property, the
records of the Bureau show lands having generally similar
characteristics are being sold on the open market for approximately $14
to 16 per acre."
Reviewed: 580711
/s/ Elgin E. Filkins Appraiser Elgin E. Filkins
/s/ William M. Shenkel Reviewing Appraiser
C O P Y
HEL-010-0721-0721
HEL-010-0701-0721
RINGY, C W DOI BIA
580826
CORRESPONDENCE
CULLEN, A W DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
IN REPLY REFER TO:
Realty Requriements 11464-58 jj
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
580826
Superintendent
Western Washington Agency
Fee patent numbered 1185813 issued 580825 to Ned Wheeler, Quinault
allottee numbered 1422 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours, C.E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
RECEIPT FOR PATENT
File No. 11464-58 B.I.A.
Allotment No. Q. 1422
Western Washington Indian Agency
580908
RECEIVED of C. W. Ringey. Superintendent U.S. Indian Agency fee)
Patent No. 1185813, issued 580825 in the name of Ned Wheeler, an
Quinault Indian, for S 1/2 SE 1/4, Sec. 29. T. 23 N., R. 12 W.,
Willamette Meridian, Washington, containing 80.00 acres.
Ned Wheeler Patentee.
HEL-010-0722-0724
HEL-010-0722-0750
SUPT W WASH AGENCY
580815
CORRESPONDENCE
PAO
Form 5-388 530700 5136
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER OFFICE TRANSMITTAL
INSTRUCTIONS: For use as transmittal. Attach securely to material
and mail through regular channels
Regular Mail
For Action
TO Commissioner, BIA
FOR ATTENTION OF: Branch of Realty
FROM Portland Area Office
FILE REFERENCE: Quinaielt allotment No. 1422
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION: Branch of Realty
Date: 580815
SUBJECT Application for patent in fee on Quinaielt allotment 1422 by
original allottee, Ned Wheeler.
Mr. Wheeler has a buyer waiting for this land as soon as patent is
received. It would be appreciated if special consideration might be
given this particular case and issuance of the patent expedited as much
as possible. Mr. Wheeler is urgently in need of funds with which to
bring current the payments on his motel in which he already has a large
investment. 580820 BLM requested to media special
HEL-010-0725-0725
HEL-010-0722-0750
COMM DOI BIA BR OF REALTY
580815
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Ned Wheeler, for a patent in fee on land embraced
in Quinault Allotment No. 1422, pursuant to authority delegated by
Secretarial Order No. 2508 of 490111, (14 F. R. 258) and Order 551 of
the Commissioner, Bureau of Indian Affairs, dated 510329, (16 F. R.
2939) has been approved pursuant to the Act of 060508, (34 Stat. 182, 25
U.S.C. 1946 Ed., sec. 349).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
S 1/2 SE 1/4, Sec. 29, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80.00 acres, more or less.
Sincerely yours,
Perry E. Skarra
Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0726-0726
HEL-010-0722-0750
DIR BUREAU OF LAND MGT
580814
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
Realty Acq. & Disp. WHEELER, Ned Q. 1422
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
580914
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Ned
Wheeler, Quinault allottee No. 1422, for a patent in fee on land which
is described as:
S 1/2 SE 1/4, Sec. 29, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80.00 acres, more or less.
The applicant's references which include business and professional
persons commend him as being cognizant of business, and business
affairs. For the past several years, the applicant and his wife have
owned and operated a large progressive motel in Hoquiam, owning a large
equity and paying taxes on the property.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report, copies of the letter to the patentee,
and appraisal report which was authorized as a basis for the letter to
the patentee. The letter to the Bureau of Land Management is also
enclosed.
As the applicant appears to be unquestionably competent to manage his
own trust allotment, it is respectfully recommended that his request for
issuance of a patent in fee be granted.
Sincerely yours,
(Sgd) Claude D. Albright
Acting Superintendent
Enclosures
Form No. 5-10 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee of Indian Land Allotee Ned Wheeler
No. 1422
Reservation Quinaielt
580807
Application is hereby made for (patent in fee)# for the following
described land: S 1/4 SE 1/4 sec. 29, T. 23 N, R. 12 W., containing
80.00 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 45
2. Date of Birth 130601
3. Degree of Indian Blood full
4. Married
5. Education: Years in elementary school 8 High School college
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Eleanor Wheeler, wife: John Agusto
Wheeler, son, 16; Rebecca Ann, daughter, 15; and Anita Jo, daughter, 8
years.
7. I am enrolled as a Quinaielt Indian (Name of Tribe)
8. Permanent address 415 Perry Avenue, Hoquiam, Washington
9. The amount of my annual income is $3000
EXHIBIT NO. 8
10. My income is obtained from the following sources: Logging and
fishing
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.)
13. I (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 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:
Sell
b. I intend to use the proceeds of sale for the following purposes:
Pay mortgage and invest in business.
Form No. 5-105 (3) 550500
Mr. Diddock explained to me that I have the privilege of reserving
mineral rights, including oil and gas, if I sell this property.
Ned Wheeler
Subscribed and sworn before me this 580808. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants.
J. L. Diddock Area Realty Officer
Approved: Charles D. Albright Acting Superintendent 580814
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Mark Wheeler
Applicant
580807
LAND STATUS REPORT
Pursuant to the Act of 870208, (24 Stat. 388) as amended, trust
patent No. 1015388 dated 280323, was issued to Ned Wheeler, Quinault
allottee No. 1422, for lands described as S 1/2 SE 1/4, Sec. 29, T. 23
N., R. 12. W., Willamette Meridian, Washington, containing 80 acres,
more or less.
There have been no subsequent transactions since issuance of above
patent, affecting acreage or ownership of above allotment.
There is no record of an easement or road righ of way.
The land is not within an Indian irrigation project.
There is no record of indebtedness to the United States or the
Quinault Tribe, against the land or allottee.
As of this date, Quinault allotment No. 1422, described as S 1/2 SE
1/4, Sec. 29, T. 23 N., R. 12 W., W.M., containing 80 acres, more or
less, remaining in trust, is owned by the original allottee, Ned
Wheeler.
I hereby certify that the above data is complete and correct
according to the official records of the Western Washington Agency.
Charles P. Mathes Supervisory Real Property Officer Western
Washington Agency 580811
HEL-010-0727-0732
HEL-010-0722-0750
FOSTER, D C DOI BIA PORTLAND
000000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. WHEELER, Ned Q. 1422
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Ned Wheeler 415 Perry Avenue Hoquiam, Washington
Dear Mr. Wheeler:
Pursuant to your request of 480807, and predicated upon the finding
of your being competent to prudently conduct business transactions
involving your trust property, there is respectfully presented a patent
in fee to property legally described as the
S 1/2 SE 1/4, Sec. 29, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80.00 acres more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an examination of the
above described premises.
This examination, made on 570415, consists of the appraisal made by
Albert Lyford, the fee appraiser whom you hired. The appraisal reveals
that the property lies about five miles south of Highway 101, at which
point on the highway the distance to Hoquiam is about fifty five miles.
The Aloha Lumber Company truck road system within the Taholah logging
unit reaches up to a point about 1 1/4 miles south of the subject
property. There are no roads between the property and Highway 101 to
the north. The property supports a good stand of commerical timber, and
is best suited for conversion into forest products, after which it will
be best suited for forest regrowth. The estimated timber volume by
species is hemlock 3208 MBM, white fir 50 MBM, and spruce 313 MBM.
Based upon the market value of timber at the time the appraisal was
made, a value of $38,214.00 was placed upon the timber. A value of
$10.00 per acre was set as the value of the land only.
The determination of your competency affords assurance that if at
some future date you consider the sale or encumbrance of this property,
you will thoroughly investigate current market conditions and prices
before taking action. You should consider the feasibility of reserving
all or a portion of the minerals, including oil and gas. It will be to
your advantage to record this patent with the Recorder, Grays Harbor
County Court House, Montesano, Washington. Should you desire
information on real estate taxes, you should contact the County Assessor
who is also located at Montesano. Authoritative federal income tax
information can be obtained from the District Director, Internal Revenue
Service, Tacoma 2, Washington, or from your local office, the address of
which can be obtained from you local post office. The State Forester,
Olympia, Washington, can furnish information on the various regulations
partaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgment
in your dealing concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
Enclosure
HEL-010-0733-0734
HEL-010-0722-0750
WHEELER, N
580806
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580806
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
Mr. Wed Wheeler, owner of Quinault allotment No. 1422, visited this
office for information concerning his application for a patent in fee
for his allotment. The appraisal of this particular allotment was made
under contract with Albert Lyford on 570415 the appraised amount being
$39,000.00. It was recommended for approval by our Reviewing Appraiser
and was approved 570814, by John F. Ribble, Jr., Assistant Chief
Appraiser in the Washington Office.
The information contained in this appraisal may be used in making the
inventory report for Mr. Wheeler in the event you approved his
competency.
This matter was discussed with you and Mr. Mathes today.
Sincerely yours,
J.L. Diddock Area Realty Officer
JLDiddock/hm 580608
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0735-0735
HEL-010-0722-0750
RINGEY, C W W WASH AGENCY
570916
CORRESPONDENCE
HENKEL, W M E
Western Washington Agency
Realty
Portland Area Office Branch of Realty Realty 11666-57
570916
Attached are two copies of each of the following appraisal reports,
approved by the Assistant Chief Appraiser on 570814:
"Table not Keyed, See Original"
WMEhenkel/gs 570916
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0736-0736
HEL-010-0722-0750
PAO BR OF REALTY
570906
CORRESPONDENCE
BR OF REALTY
REC'D PAO 570913
INTER OFFICE TRANSMITTAL
TO: Area Director, Portland, Oregon
FOR ATTENTION OF: Branch of Realty
FROM Realty Appraisals Washington 25, D.C.
File Reference: Realty 11666-57 Chief Appraiser
Date: 570906
Approved as recommended, These reports were prepared prior to (holdup
date) by Mr. J. E. Neyes, which prompted Mr. Skarra's letter of 570716,
The approval of these reports is, therefore, not considered pertinent to
the question of approving fee appraisals for individual sales. Tillie
Comeout Grover, Allotment No. 1036; Ned Wheeler, Allotment No. 1422;
Ivy Wheeler, Allotment No. 1423; Dorothy Wheeler, Allotment No./424;
Jesse Pete, Allotment No. 2075; and Maggie Pete, Allotment No. 2084.
(NOTE: Q 1134, forwarded Wash. D.C. with Mr. Skarra's letter of
570716, has not yet been approved.)
cdl
(Original filed in Allotment No. 1036)
CONFORMED COPY
HEL-010-0737-0737
HEL-010-0722-0750
AREA DIR DOI BIA PORTLAND BR OF REALTY
570807
CORRESPONDENCE
SKARRA, P E PAO
Realty
WMShenkel/gs 570608
cc: Branch subject Branch chrony Yellow chrony Western Washington
Agency
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
570807
Attention: Mr. George W. Mathis Chief Appraiser
Dear Sir:
Appraisal reports for the six Quinault allotments, below, prepared by
contract appraisers for supervised sale purposes, are submitted for
review:
"Table not Keyed, See Original"
The timber and land values estimated in these reports have been
compared with recently completed timber sales in the Quinault area with
respect to stand density, percentage of timber species, 10% grade
recovery, and other relevant information. Although the appraised value
of timber in some cases, i.e., Allotment No. 2075, page 6a, is
inconsistent with the allocation of prices paid for timber species cited
in the analysis of timber sales, a comparison with timber transactions
indicating similar proportions of timber species appears, on balance, to
varify market values estimated in these appraisal reports.
Approval of these reports is suggested provided approval will comply
with your reply expected in answer to an inquiry by Mr. Perry E. Skarra,
as Acting Area Director, dated 570716. This letter requested approval
of an appraisal report, prepared by William M. Eastman, Jr., contract
appraiser, for Quinault Allotment No. 1134, owned by Mrs. Adelia Wheeler
Howeattle.
Appraisal reports for the six allotments noted above are forwarded in
duplicate.
Sincerely yours,
Perry E. Skarra
Acting Area Director
Enclosures
HEL-010-0738-0738
HEL-010-0722-0750
COMM DOI BIA MATHIS, G W 1
570611
CORRESPONDENCE
HUTCHINSON, R H W WASH AGENCY
570611
H. M. Ziegler, Area Appraiser Portland Area Office
R. H. Hutchinson, Real Property Officer Western Washington Agency
Appraisal report Ned Wheeler Quinault No. 1422
Appraisal report on this subject by Albert Lyford showing fair market
value of $39,000 is attached in quadruplicate. The report apparently
contains no significant arithemetical error, A supervised sale has been
requested.
Real Property Officer
Attachments
Form 5-110a
APPRAISAL REPORT
Area: Portland
Agency: Western Washington
Property of: Ned Wheeler
Address: 415 Perry Avenue Hoquiam, Wash.
Allotment No. 1422
Purpose of Appraisal: To determine fair market value of fee simple
title
Legal Description: S 1/2 SE 1/4 Section 29
State: Wash
County: Drays Harbor
Range: 12 West
Township: 23 North W B&M
No. Acres: 80 more or less
Type & Character: Timberland
APPRAISED VALUATION AS OF 570415
FAIR MARKET VALUE $39,000.00
I certify that I have carefully examined the above described premises
and the amount indicated represents my best unbiased judgment as to the
present market value of the fee simple title thereto, except as
otherwise indicated. I do further certify that I have no present or
intended future interest therein.
570415
Albert Lyford Appraiser
PROPERTY OF: Ned Wheeler, 415 Perry Ave., Hoquiam, Wash. Allot.
#1422
INDEX
This report contains the standard number of ten pages (Form 5-110c)
plus a vicinity map as Page 11.
PROPERTY OF: Ned Wheeler, 415 Perry Ave., Hoquiam, Wash. Allotment
No. 1422
INSPECTION OF PROPERTY:
This property was inspected during the first week of 570400, and was
covered on a 20, 4 run, 65 foot strip system. The Cedar was cruised to
a minimum diameter of 15 inches and the other species to a minimum
diameter of 10 inches. Diameters are inside the bark broast high with
allowance made for abnormal butt taper.
LOCATION NEIGHBORHOOD ANALYSIS:
This property lies about 5 miles south of Highway 101, at which point
(on the highway) the distance to Hoquiam is about 55 miles. The Aloha
Corporation truck road system within the Taholah logging unit reaches up
to a point about 1 1/4 of a mile south of the subject property. There
are no roads between the property and highway 101 to the north.
ADAPTABILITY CHARACTER AND TOPOGRAPHY:
Generally the topography is easy rolling with the Raft River flowing
from east to west through the property. Logging conditions will be
favorable.
This property, which supports a good stand of commercial timber, is
best suited for conversion into forest products, after which it will be
best suited for forest regrowth.
PROPERTY OF: Ned Wheeler, 415 Perry Ave., Hoquiam, Wash, Allotment
No. 1422
DETAIL DESCRIPTION OF LAND:
"Table not Keyed, See Original"
This timber is typical of the fine stands found in the Raft River
drainage. The Hemlock is inclined to be defective in the larger trees.
The white fir is generally sound and clean. The Spruce is inclined to
overmaturity, showing considerable evidence of defect.
PROPERTY OF: Ned Wheeler 415 Perry Ave., Hoquiam, Wash. Allotment
No. 1422
DETAILED DESCRIPTION OF IMPROVEMENTS:
There are no improvements on this property.
5-110a
PROPERTY OF: Ned Wheeler, 415 Perry Ave., Noquiam, Wash.
Allotment No. 1422
MARKET DATA COMPARISONS AND ANALYSIS:
On 561008, 3 Quinault allotments that are located in the Raft River
drainage less than one mile west of the subject property, were sold.
Following are the cruise estimates and the estimated bid price by
species after deducting an allowance for bare land value.
"Table not Keyed, see Original"
These sales compare favorably to the subject tract from the
standpoint of location, topography, logging conditions and timber
quality. They vary somewhat in composition, particularly with respect
to Cedar, in that no Cedar was found on the subject tract.
Nevertheless, it is the appraiser's opinion that the unit values, as
indicated, are a fair measure of value for the timber on the subject.
No. 1555 shows $11.00 for white Fir compared to $10.00 in the other two,
this apparently is on account of the strong percentage of this species
as compared to 1554 and 1569. It is the appraiser's opinion that, due
to the minor percentage of White Fir on the subject, $10.00 per A should
apply.
PROPERTY OF: Ned Wheeler, 415 Perry Ave., Hoquiam, Wash.
Allotment No. 1422
CAPITALIZATION OF INCOME ANALYSIS:
TIMBER VALUE
Applying the unit stumpage rates as indicated on preceding page shows
the following valuation, which represents the present fair market value
of the timber on the subject tract.
"Table not Keyed, see Original"
LAND VALUE
There have been no comparable sales of timbered land where the land
has been valued separately in this district. However, in analyzing the
comparable sales used in this appraisal, it was evident that an
allowance was made of about $10.00 per acre for the land only.
Therefore, in the opinion of the appraiser, the value of the land only
for the subject tract is $10.00 per acre.
5-110a
PROPERTY OF: Ned Wheeler, 415 Perry Ave., Hoquiam, Wash.
Allotment No. 1422
SUMMARY OF LAND VALUES
"Table not Keyed, See Original"
5-110a
PROPERTY OF: Ned Wheeler, 415 Perry Ave. Hoquiam, Wash.
Allotment No. 1422
CORRELATION OF METHODS: SUMMARY CONCLUSIONS:
The subject tract, having a good stand of commercial timber, has been
classified as timberland best suited for conversion into forest
products, after which the land would be best adapted to forest regrowth.
The property has been evaluated accordingly.
The appraisal is based on studies of local market conditions, timber
sales, logging costs, accessibility, quality and composition of the
timber, and the uncertain period of development. Sales of nearby tracts
that are comparable from the standpoint of these factors were used as a
measure of value of the timber and land for the subject tract and, in
the appraiser's opinion, tend to support the present fair market value
of fee title to the subject tract of $39,000.00.
PROPERTY OF: Ned Wheeler
Allotment No. 1422
Section 29
Township 23N
Range 12W
"TRACT MAP, not Keyed, See Original"
VICINITY MAP
Location of Allotment No. 1422
"VICINITY MAP, not Keyed, See Original"
HEL-010-0739-0750
HEL-010-0722-0750
ZIEGLER, H M PAO
581202
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
IN REPLY REFER TO:
Realty
312 (1)
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Through: Portland Area Office
581202
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Dear Sir:
The original receipt for a fee patent issued the following allotment
is attached for your records as requested:
Quinault Allotment No. 2113
Sincerely yours
M. L. Schwartz
Acting Superintendent
NOTED:
Area Director, Portland, Oregon
Enclosure
RECEIPT FOR PATENT
80684
File No. 13594-58 B.I.A.
Allotment No. 2113
Western Washington Indian Agency
581030
RECEIVED of C.W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1187411, issued 581016, in the name of August E. Petit, an Quinault
Indian for NW 1/4 NE 1/4, Sec. 21, T. 22 N., R. 10 W., and SW 1/4 SE
1/4, Sec. 15, T. 21 N., R. 12 W., Willamette Meridian, Washington
containing 80 acres
Witness: Sigard Hanson
August E. Petit Patentee.
HEL-010-0751-0754
HEL-010-0751-0768
COMM DOI BIA
581202
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
RECEIVED WESTERN WASH, INDIAN AGENCY EVERETT, WASH.
581103
Realty 312 (1)
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
581202
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs
Washington 25, D.C.
Dear Sir.
The original receipt for a fee Patent issued the following allotment
is attached for your records as requested.
Quinault Allotment No. 2113
Sincerely yours,
(SGD) M. L. SCHWARTZ ACTING Superintendent
Noted
Area Director, Portland, Oregon
Enclosure
HEL-010-0755-0757
HEL-010-0751-0769
COMM DOI BIA
581017
CORRESPONDENCE
CULLEN, A W DOI BIA DC
IN REPLY REFER TO: Realty Requirements 13594-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
581017
Superintendent
Western Washington Agency
Fee patent numbered 1187411 issued 581016 to August E. Petit,
Quinaielt allottee numbered 2113 is enclosed for recording and
delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
(Sgd.) Arnold W. Cullen
for Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0758-0758
HEL-010-0751-0769
SUPT W WASH AGENCY
581006
CORRESPONDENCE
SKARRA, P E PAO
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
581006
Through: Commissioner, Bureau Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of August E. Petit, allottee, for a patent in fee for
land embraced in Quinaielt allotment No. 2113 of August E. Petit, under
authority delegated by Order No. 551 of the Commissioner, Bureau of
Indian Affairs, dated 510329, (16 F. R. 2939), has been approved
pursuant to the provisions of the Act of 060506, as amended (34 Stat.
182, 183; U.S.C. 349).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
SW 1/4 SE 1/4, Sec. 15, T. 21 N., R. 12 W., and NW 1/4 NE 1/4, Sec.
21, T. 22 N., R. 10 W., Willamette Meridian, Washington, containing
80.00 acres, more or less.
Sincerely yours,
Perry E. Skarra
Assistant Area Director
Enclosure
cc: Central Office (BIA), w/encl.
HEL-010-0759-0759
HEL-010-0751-0769
DIR BUREAU OF LAND MGT COMM DOI BIA
580930
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. PETT, August E. Q. 2113
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of August E.
Petit, allottee, for a patent in fee on Quinault allotment No. 2113,
which is described as:
SW 1/4 SE 1/4, Sec. 15, T. 21 N., R. 12 W., and NW 1/4 NE 1/4, Sec.
21, T. 22 N., R. 10 W., Willamette Meridian, Washington, containing 80
acres, more or less.
The applicant's references include business persons who are in a
position to evaluate his ability. The references are favorable. Office
correspondence with Mr. Petit in the past, has indicated that he is a
persistent and aggressive person, well able to manage his own trust
property.
The duplication is supported in duplicate by a Land Status Report,
Statement of Understanding and letter to the patentee. The usual letter
to the Bureau of Land Management is also enclosed.
As the applicant appears to be unquestionably competent to manage
business transactions as would be encountered in handling his own trust
property, it is requested that his request for issuance of a patent in
fee be granted.
Sincerely yours,
(SGD) M. L. SCHWARTZ
ACTING Superintendent
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
August E. Petit No. 2113
Reservation Quinault
570215
Application is hereby made for (patent in fee) for the following
described land: SW 1/4 SE 1/4 Sec. 15, T 21 N, R 12 W and NW 1/4 NE 1/4
Sec. 21, T 22 N, R 10 W, Willamette Meridian, Washington, 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 53
2. Date of Birth 990821
3. Degree of Indian Blood 1/4
4. Single
5. Education: Years in elementary school 8 High School College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) None
7. I am enrolled as a Chinook Indian
8. Permanent address Box 82, Chinook, Washington
9. The amount of my annual income is $800.00
EXHIBIT No. 8
10. My income is obtained from the following sources: Fishing.
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 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 $ 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:
I plan to dispose of the property for the best price I can get and use
the proceeds for self support.
b. I intend to use the proceeds of sale for the following purposes:
I (We)# 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 accre 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 (3) 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.
August E. Petit
Subscribed and sworn before me this 570215. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants.
John W. Libby Forest Manager
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
August E. Petit Applicant
Date 580925
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) as amended, trust patent
No. 1063541 330421, was issued to August E. Petit, Quinault allottee No.
2113, for lands described as SW 1/4 SE 1/4, Sec. 15, T. 21 N., R. 12 W.,
and NW 1/4 NE 1/4, Sec. 21, T. 22 N., R. 10 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
There have been no subsequent transactions since issuance of above
patent, affecting acreage or ownership of this allotment.
The land is not within an Indian irrigation project.
The original allottee is living. No unpaid probate fees involved.
There is no record of indebtedness to the U.S. or the Quinault Tribe
against the land or the allottee.
As of this date, Quinault allotment No. 2113 described as SW 1/4 SE
1/4, Sec. 15, T. 21 N., R. 12 W., and NW 1/4 NE 1/4, Sec. 21, T. 22 N.,
R. 10 W., Willamette Meridian, remains in trust status, owned by
original allottee, August E. Petit.
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Agency.
Marelyn L. Ping Realty Analyst Western Washington Agency
580508
HEL-010-0760-0765
HEL-010-0751-0769
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
000000
CORRESPONDENCE
SUPT W WASH INDIAN AGENCY
Realty Acq. & Disp. PETIT, August E. Q. 2113
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. August E. Petit P.O. Box 174 Chinook, Washington
Dear Mr. Petit:
Pursuant to your request of 570215, and predicated upon the finding
of your being competent to prudently conduct business transactions
involving your trust property, there is respectfully presented a patent
in fee to property legally described as:
SW 1/4 SE 1/4, Sec. 15, T. 21 N., R. 12 W., and NW 1/4 NE 1/4, Sec.
21, T. 22 N., R. 10 W., Willamette Meridian, Washington, containing
80.00 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an examination of the
above described premises.
This examination, which consists of a cursory inspection made 571028,
by staff personnel of this Agency, indicated the tract in Section 15 to
be located about 5 1/2 miles northwest of Moclips, Washington, via four
miles of all weather gravel logging road and 1 1/2 miles on foot. The
tract in Section 21 is located about 36 miles northeast of Hoquiam,
Washington, via 32 miles of paved highway and four miles of all weather
logging road. Both tracts are primarily timberland. The highest and
best use of each is timber production. The tract in Section 21 was
logged in 510000. A good stand of reproduction is in evidence. The
tract in Section 15 was logged in 350000 and burned over in 410000.
There is very little reproduction on this tract.
Investigation of sales of similar land in the vicinity includes the
SW 1/4 SE 1/4, Section 13, T. 21 N., R. 12 W., W.M., which sold in
551100, for $15.00 per acre. This tract compares favorably with the
subject tract in Section 15, and the area cut over in Section 21, but
less valuable than the 15 acres in Section 15 which sustains a stand of
30 years old growth. This inspection indicates that land in this area
similar to the subject land is selling for about $15.00 to $30.00 per
acre.
This information is offered as a guide and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
property. The determination of your competency affords assurance that
if at some future date you consider the sale or encumbrance of this
property, you will secure a detailed appraisal by recognized authorities
in the field of property evaluation. You should consider the
feasibility of reserving all or a portion of the mineral rights if you
sell the property. It will be to your advantage to record this patent
with the Auditor, Grays Harbor County Court House, Montesano,
Washington. Should you desire information on real estate taxes, you
should contact the County Assessor who is also located at Montesano.
Authoritative federal income tax information can be obtained from the
District Director, Internal Revenue Service, Tacoma 2, Washington, or
from your local office, the address of which can be obtained from your
local post office. The State Forester, Olympia, Washington, can furnish
information on the various regulations pertaining to the management and
harvesting of timber.
You are cordially urged to follow these dictates of prudent judgment
in your dealing concerning this property.
Sincerely yours,
Superintendent
Enclosure
HEL-010-0766-0767
HEL-010-0751-0769
PETIT, A
571127
CORRESPONDENCE
LEMERY, L PAO DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
571127
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey.
Memorandum valuation report, dated 571028, covering the property of
August Petit, Quinault Allotment No. 2113, consisting of 80 acres, has
been reviewed.
The information contained therein appears sufficient to assist
materially in the preparation of the letter to the recipient of the
patent in fee in accordance with the procedure and instructions outlined
in Office Memorandum, dated 570215, and letter, dated 570524, from the
Area Director to all superintendents concerning the existing policy on
patent in fee appraisals.
The subject report is enclosed in duplicate and should not be given
to the landowner.
Sincerely yours,
L. LEMERY
J. L. Diddock Area Realty Officer
Enclosure
WMShenkel/gs 571127
cc: Branch subject Branch chrony Yellow chrony
HEL-010-0768-0768
HEL-010-0751-0769
RINGEY, C W W WASH AGENCY
571028
CORRESPONDENCE
MCKEEVER, L C HOQUIM SUB STATION
C. W. Ringey, Superintendent Western Washington Agency
571028
L. C. McKeever Hoquiam Sub Station
Inspection and Inventory of the property of A Petit Q. 2113 described
as SW 1/4 SE 1/4 Section 15, T. 21, M. R., 12W and NW 1/4 NW 1/4 Sec.
21, T. 22 W., R. 10 W., Willamette Meridian, containing 80 acres more or
less.
A cursory inspection of this property was made 570910 to 570911.
The tract in Section 15 is located about 5 1/2 miles northwest of
Moclips, Washington, via four miles of all weather gravel logging road
and 1 1/2 miles on foot.
The tract in Section 21, T 22 M., R. 10 W., is located about 30 miles
northeast of Hoquiam Washington, via 11 miles of paved highway 101 and
four miles of all weather logging road.
Both tract on primarily timberland. The highest and best use for
each is timber production.
The tracts in Section 21 was logged in 510000. A good stand
reproduction is in evidence. An area of about 15 acres stand along the
west side of this tract has a good stand of hemlock supplies averaging
about 30 years in age. This area will produce more ????? in the next 13
to 20 years.
The tract in Section 15 was logged in 350000 and burned over in
410000. There is very little reproduction on this tract.
Investigation of action of similar land in the vicinity includes the
SE 1/4 SW 1/4 Section 13, T. 21 W., R. 12 W., which sold in 551100 for
$13.00 per acre. This tract compares favorably with the subject trust
in Section 15, and the area cut over in Section 11, but less valuable
than the 15 acre with the 30 year old growth.
The cursory inspection indicate that land in this area similar to the
subject tract are selling for about $13.00 to $30.00 per acre, including
the area with the 30 year old growth.
This information is offered as a guide and is not be construed as a
thoroughly reliable indication of the present fair market value of the
property.
/s/ L. C. McKeever L. C. McKeever, Appraiser
571126
HEL-010-0769-0769
HEL-010-0751-0769
RINGEY, C W W WASH AGENCY
590106
CORRESPONDENCE
ALBRIGHT, C D W WASH INDIAN AGENCY
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
80948
File No. 14828-58 B.I.A.
Allotment No. 1912
Western Washington Indian Agency
581203
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1188239 issued 581120 in the name of Lester K. Johnson as Quinault
Indian, for S 1/2 NW 1/4, Sec. 24, T. 23 N., R. 13 W., Willamette
Meridian, Washington containing 80.00 acres
Witness
Edythe Crowell
Lester K. Johnson Patentee
IN REPLY REFER TO:
Realty 312 (1)
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett, Washington
Through: Portland Area Office
Commissioner, Bureau of Indian Affairs
Washington 25, D.C
Dear Sir:
The original receipts for the fee patents issued the following
allotments are attached for your records as requested:
Quinault No. 1912
Quinault No. 2105
Quinault No. 483
Sincerely yours,
Claude E. Albright
Acting Superintendent
580108
Area Director, Portland, Oregon
Enclosures
HEL-010-0770-0772
HEL-010-0770-0787
COMM BUREAU OF INDIAN AFF
581121
CORRESPONDENCE
HILL, C E DOI BIA DC
IN REPLY REFER TO: Realty Requirements
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
581121
Superintendent
Western Washington Agency
Fee patent numbered 1188239 issued 581120, to Lester K. Johnson
Quinault allottee numbered 1912 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. H. Hill
Special Assistant, Requirements
Enclosure
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0773-0773
HEL-010-0770-0787
SUPT W WASH AGENCY
581104
CORRESPONDENCE
SKARRA PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon 581104
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Lester K. Johnson, allottee, for a patent in fee
for land embraced in Quinault Allotment No. 1912, of Lester K. Johnson,
under authority delegated by Order No. 551 of the Commissioner, Bureau
of Indian Affairs, dated 510329, (16 F. R. 2939), has been approved
pursuant to the provisions of the Act of 060508, as amended (34 Stat.
182, 189) U.S.C. 349).
It is requested that a patent in fee is issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
S 1/2 NW 1/4, Sec. 24, T, 23 N., R. 13 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Sincerely yours,
(Sgd) Perry E. Skarra Assistant Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0774-0774
HEL-010-0770-0787
DIR BUREAU OF LAND MGT
581029
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. JOHNSON, Lester k. Q. 1912
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached the approved application of Lester K. Johnson,
allottee, for a patent in fee on Quinault Allotment No. 1912 which is
described as:
S 1/4 NW 1/4, Sec. 24, T. 23 N., R. 13 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
The applicant's reference include a clergyman, a manufacturer and a
businessman from his home community of Newburgh, New York. These
references leave no doubt that the applicant is a responsible person
capable of managing his own business affairs. He has made his home away
from any reservation in the large residential business community of
Newburgh, New York.
The application is supported in duplicate by a land status report,
statement of understanding, copies of letter to the patentee and one
copy of the inspection report. The letter to the Bureau of Land
Management is also included.
As the applicant appears to be sufficiently competent to manage his
own allotment, it is recommended that a patent in fee be issued.
Sincerely yours,
(SGD) M. L. SCHWARTZ
Acting Superintendent
Enclosures
Form No. 5-1 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee of Indian Land Allottee Lester Johnson
No. 1912
Reservation Quinault
561029
Application is hereby made for (patent in fee) for the following
described land: 8/2 of NW 1/4, Sec. 24, T. 23 N., R. 13 W.M.M.,
Washington 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 34 years
2. Date of Birth 221082
3. Degree of Indian Blood 1/4
4. Married
5. Education: Years in elementary school 8 High School 4 College
6. The following persons are dependent upon me for support (Giver
names, ages and relationship) Mildred C. Johnson, age 29 yrs., wife
Lester Johnson, Jr., age 9 yrs. son Linda M. Johnson, age seven,
daughter
7. I am enrolled as a Quinault Indian
8. Permanent address 26 City Terrace, Newburgh, New York
9. The amount of my annual income is $ 4,000.00
EXHIBIT NO. 8
10. My income is obtained from the following sources: employed with
the IBM Typewriter Company, Kingston, New York, Typewriter assembly
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 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 $ None (If not
leased, state none.)
581009
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Lester K. Johnson
Applicant
581006
Form No. 5-105 550500
Subscribed and sworn before me this 561029. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants.
Notary Public in and for the State of Washington, residing at
Hoquiam.
My commission expires 570209
I herewith submit names of the following business and/or professional
men who will certify to my ability to manage my business affairs in a
business like manner Viz:
Father Celaure, Sacred Heart Church, Newburgh, New York, Joseph
Musco, Manufacture, aluminum Products, 700 Broadway, Newburgh, N. Y.
Anthony Frederice, File Installer, 96 Overlook Place, Newburgh, N. Y.
Frank Antonelli, Oil Distributor, Route 32, Newburgh, N. Y.
Lester Johnson
LAND STATUS REPORT
Pursuant to the Act of 870208, (24 Stat. 388) as amended by the Act
of 110304, (36 Stat. 1345) trust patent No. 1063344 dated 330421, was
issued to Lester Johnson, Quinault allottee No. 1912, for lands
described as S 1/2 NW 1/4, Sec. 24, T. 23 N., R. 13 W., Willamette
Meridian, Washington, containing 80 acres, more or less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of this allotment.
This allotment is not within a government irrigation project.
The allottee is living.
There is no record of indebtedness to the United States or the
Quinault Tribe against the land or allottee.
The allottee owns this allotment in its entirety.
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Agency.
Clyde E. Wren Real Property Assistant
580206
HEL-010-0775-0780
HEL-010-0770-0787
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
580903
CORRESPONDENCE
SENKEL, W M W WASH AGENCY
Western Wash. Agency
Realty
Portland Area Office Branch of Realty
Lester Johnson Q-1912, 80 acres Memo Inv. Report
Realty Appraisal
580903
Attached for your files are two copies of approved Memorandum
Inventory Report, dated 580708, covering the subject property. The
information contained therein appears sufficient to assist materially in
the preparation of the letter to the recipient of the patent in fee, in
accordance with established procedure.
WMShenkel/cl 580309
cc:Branch subject Branch chrony Yellow chrony APPRAISAL FILE
HEL-010-0781-0781
HEL-010-0770-0787
PAO BR OF REALTY
580827
CORRESPONDENCE
W WASH AGENCY
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
Received 580828, 8:36 AM Bureau of Indian Affairs Portland Area
INTER OFFICE TRANSMITTAL
FOR ATTENTION OF: Realty, Appraisal Section
FROM Western Washington Agency Everett, Washington
FILE REFERENCE: JOHNSON, Lester Q. 1912 McGee, Elsie, Q. 2007
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION: Realty
DATE: 580827
SUBJECT Inventory appraisals re above allotments for the purpose of
obtaining fee patents, submitted for approval.
Copy
HEL-010-0782-0782
HEL-010-0770-0787
BR OF REALTY
580725
CORRESPONDENCE
DIDDOCK, J L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580625
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Dear Mr. Ringey:
We are returning two patent in fee memorandums for further
information.
We appreciate the time and effort devoted to Realty matters by Mr. R.
B. Heikel and other foresters in fulfilling Realty assignments. The
memorandum reports relate to the following allotments:
Quinault 2007, 80 Acres, Elsie McGee
Quinault 1912, 80 Acres, Letter Johnson
Please ask Mr. Heikel to varify the description on Quinault allotment
2007. In addition, we are not clear whether Mr. Heikel has referred to
3 1/2 thousand board feet or 3 1/2 million board feet on allotment 1912.
We will process these reports promptly when we receive the revised
reports. An erroneous legal description, you may recall, was also given
on a fee patent memorandum relating to Quinault allotment 834.
Please explain to Mr. Heikel and other foresters that discrepancies
in legal descriptions cause unnecessary correspondence, controversy, and
delay in processing applications.
Sincerely yours,
J. L. Diddock Area Realty Officer
cc: Branch subject Branch chrony Yellow chrony
WMShenkel/so 580725
HEL-010-0783-0783
HEL-010-0770-0787
RINGEY, C W W WASH AGENCY
580714
CORRESPONDENCE
W WASH AGENCY
Form 5-388 530700
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
RECEIVED 580715 7:59 AM BUREAU OF INDIAN AFFAIRS PORTLAND AREA
INTER OFFICE TRANSMITTAL
Regular Mail
For Action
TO: Area Director.
FOR ATTENTION OF: Appraisal Section
FROM Western Washington Agency Everett, Washington
FILE REFERENCE: Johnson, Lester, Q1912 McGee, Elsie, Q2007
MARKED ANY RETURN CORRESPONDENCE FOR ATTENTION: Realty
DATE: 580714
SUBJECT Attached in triplicate, are two Inventory and Appraisal
Reports re Lester Johnson, Q. 1912 and Elsie McGee, Q. 2007, for your
approval.
These appraisals are to be used in connection with intended
Applications for Fee Patent by each of the allottees.
CONFORMED COPY
HEL-010-0784-0784
HEL-010-0770-0787
AREA DIR APPRAISAL SECTION
580708
CORRESPONDENCE
HEIKEL, R B DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Date: 580708
Memorandum
To: Superintendent, C. W. Ringey, WWIA
From: Appraiser R. B.Heikel
Subject: Inventory information for patent in fee covering the
following allotment:
Allottee: Lester Johnson Quinault
Allotment No. 1912 Described as S 1/2 NW 1/4 Section 24, T. 23 N., R.
13 W., Willamette Meridian comprising 80 acres, more or less.
I reviewed the value of the above property on. The information
contained in the following paragraphs may be included in your letter to
the applicant at the time the patent in fee is delivered.
"A tentative review of your property was made on 580703 by staff
technicians of the Bureau of Indian Affairs. This property is located
within an area known as Queets. This is a virgin timber tract with an
estimated 3 1/2 million bd. ft. of predominately hemlock and a
scattering of spruce and cedar in a few concentrated areas. The tract
is located approximately 2 1/2 miles east of the Raft River road which
is graveled and about 10 to 12 feet wide. It is approximately 71 miles
to Hoquiam, 64 miles being by black top highway, 4 miles of existing
gravel road, and 3 miles of new access road needed. Topography is of
moderate slopes with the north fork of Raft River running through the
western part of the tract. Soil of clay and dirt type with a few signs
of rock and gravel. Highest and best use of the subject tract is for
the production of timber and/or timber products.
"On the basis of this preliminary examination of your property, the
records of the Bureau show lands having generally similar
characteristics are being sold on the open market for approximately $350
to $400 per acre."
R. B. Heikel Appraiser
Reviewed: 580903 William M. Shenkel Reviewing Appraiser
HEL-010-0785-0785
HEL-010-0770-0785
RINGEY, C W W WASH INDIAN AGENCY
580000
CORRESPONDENCE
SUPT W WASH INDIAN AGENCY
Realty Acq. & Disp. JOHNSON, Lester K. Q. 1912
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Lester K. Johnson 26 City Terrace Newburgh, New York
Dear Mr. Johnson:
Pursuant to your request of 560929, and predicated upon the finding
of your being competent to prudently conduct business transaction
involving your trust property, there is respectfully presented a patent
in fee to property legally described as:
S 1/2 NW 1/4, Sec 24, T. 23 N., R. 13 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an examination of the
described premises.
This examination, which consists of a cursory inspection made 580703,
by staff personnel of this Agency, indicated the tract is virgin
timberland with an estimated 3 1/2 million board feet of predominately
hemlock and a scattering of spruce and cedar in a few concentrated
areas. The tract is located approximately 2 1/2 miles east of the Raft
River
Road which is graveled and about 10 to 12 feet wide. It is
approximately 71 miles to Hoquiam, Washington, 64 miles being by black
top highway, 4 miles of existing gravel road, and 3 miles of new access
needed. Topography is of moderate slopes with the north fork of Raft
River running through the western part of the tract. Soil is a clay
loan with a few signs of rock and gravel. Highest and best use of the
subject tract is for the production of timber and/or timber products.
On the basis of the preliminary examination of your property, the
records of the Bureau show lands having generally similar
characteristics are being sold on the open market for approximately
$350.00 to $400.00 per acre.
This information is offered as a guide and is not to be construed as
a thoroughly reliable indication of the present fair market value of the
property. The determination of your competency affords assurance that
if at some future date you consider the sale or encumbrance of this
property, you will secure a detailed appraisal by recognized authorities
in the field of property evaluation. You should consider the
feasibility of reserving all or a portion of the mineral rights if you
sell the property. It will be to your advantage to record this patent
with the Auditor, Grays Harbor County Court House, Montesano,
Washington. Should you desire information on real estate taxes, you
should contact the County Assessor who is also located at Montesano.
Authoritative federal income tax information can be obtained from your
local District Director, Internal Revenue Service. The State Forester,
Olympia, Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber in the State of
Washington.
You are cordially urged to follow these dictates of prudent judgement
in your dealings concerning this property.
Sincerely yours,
Superintendent
Enclosure
HEL-010-0786-0787
HEL-010-0770-0787
JOHNSON, L
580121
CORRESPONDENCE
HILL, C E DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION. Positively no papers to be added to or taken from this
file, except by an employee of the Mail and Files Unit.
IN REPLY REFER TO: Realty Requirements 14877-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
581121
Superintendent
Western Washington Agency
Fee patent numbered 1188238 issued 581120 to Ernest Edward Petit
Quinault allottee numbered 2105 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
RECEIPT FOR PATENT
File No. 14877-58 B.I.A.
Allotment No. 2105
Western Washington Indian Agency
581203
RECEIVED of C. W. Ringey. Superintendent U.S. Indian Agency fee)
Patent No. 1188238, issued 581120 in the name of Ernest Edward Petit, an
Quinault Indian, for E 1/2 SW 1/4, Sec. 23, T. 23 N., R. 12 W.,
Willamette Meridian, containing 80.00 acres.
Witness: Mrs. Frank Connelly.
Ernest Edward Petit Patentee
RECEIVED
WESTERN WASH. INDIAN AGENCY EVERETT, WASH.
581128
Attn:
HEL-010-0788-0791
HEL-010-0788-0806
SUPT W WASH AGENCY
581106
CORRESPONDENCE
AREA DIR PAO
Realty 312 (1)
Portland Area Office Portland 8, Oregon Post Office Box 4097
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Ernest Edward Petit, allottee, for a patent in fee
for land embraced in Quinault allotment No. 2105, of the Commissioner,
Bureau of Indian Affairs, 510329 (16 F.R. 2939) has been approved
pursuant to the Act of 060503, (34 Stat. 182, 25 U.S.C. 1946 Ed., Sec.
349).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued.
E 1/2 SW 1/4, Sec. 23, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Sincerely yours,
Acting Area Director
cc: Central Office (BIA), w/encl.
RECEIVED 581112
RE 8425
BUREAU OF INDIAN AFFAIRS
HEL-010-0792-0793
HEL-010-0789-0806
DIR BUREAU OF LAND MGT COMM DOI BIA
581108
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. PETIT, Ernest Edward Q. 2105
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached in duplicate the approved application of Ernest
Edward Petit, Quinault Allottee No. 2105, for a patent in fee on land
described as:
S 1/2 Sw 1/4, Sec. 23, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
The applicant's references include business and professional persons
who speak highly of him. To our knowledge Mr. Petit has met his
obligations exceptionally well.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report, copies of the letter to the patentee,
The letter to the Bureau of Land Management is also enclosed.
As the applicant appears unquestionably competent to manage his own
trust allotment, it is respectfully recommended that his request for
issuance of a fee patent be granted.
Sincerely yours,
(Sgd) C. W. Ringey
Superintendent
Enclosures
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land
Allottee Ernest Edward Petit
No. 2105
Reservation Quinault
560724
Application is hereby made for (patent in fee) for the following
described land: E 1/2 SW 1/4 Sec. 23, T 23N, R12W, 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 47
2. Date of Birth 090513
3. Degree of Indian Blood 1/8
4. Married
5. Education: Years in elementary school 8 High School none College
none
6. The following persons are dependent upon me for support
(Give names, ages and relationship) Helin Petit age 47 (Wife) Judy K.
Petit age 11 (Daughter)
7. I am enrolled as a Quinault Indian (Name of Tribe)
8. Permanent address Ilwsco, Wash.
9. The amount of my annual income is $3000.00
EXHIBIT NO. 8
10. My income is obtained from the following sources: Self employed
in plumbing & sheet metal business
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 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 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 $ 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 the date of
issuance: to sell
b. I intend to use the proceeds of sale for the following purpose:
investments
STATEMENT OF UNDERSTANDING
(To be attached to application for Patent in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contract, and rights of way will remain in
effect. Applicant Ernest E. Petit
Date 580929
Form No. 5-105 (3)
550500
Ernest Edward Petit
Subscribed and sworn before me this 560725. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants.
Jim C. Williams
Notary Public State of Washington Expire on 600424,
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) as amended by the Act of
110304, (36 Stat. 1345) trust patent No. 1063533, dated 330421, was
issued to Ernest Edward Petit, Quinault allottee No. 2105, for lands
described as E 1/2 SW 1/4, Sec. 23, T. 23 N., R. 12 W., Willamette
Meridian, Washington, containing 80 acres, more or less.
There have been no subsequent transaction since issuance of above
patent, affecting acreage or ownership of this allotment.
This allotment is not within a government irrigation project.
The allottee is living
There is no record of indebtedness to the United States or the
Quinault Tribe against the land or allottee.
This allotment is in trust status and the allottee owns it in its
entirety.
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Agency.
Clyde E. Wren Real Property Assistant Western Washington Agency
Everett, Washington
580226
HEL-010-0794-0799
HEL-010-0788-0806
FOSTER, D C DOI BIA PORTLAND
000000
CORRESPONDENCE
RINGEY, C W W WASH INDIAN AGENCY
Realty Acq. & Disp. PETIT, Ernest Edward Q. 2105
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Ernest Edward Petit
Ilwaco, Washington
Dear Mr. Petit:
Pursuant to your request and predicated upon the finding of your
being competent to prudently conduct business transactions involving
your trust property, there is respectfully presented a patent in fee to
property legally described as:
S 1/2 SW 1/4, Sec. 23, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an inspection of the
above described premises.
A cursey inspection which was made on 580709 by our staff technicians
disclosed this property is located within an area known as Queets. This
is a virgin tract consisting predominately of marginal and submarginal
cedar and a scattering of large sawtimber size western white pine. The
cedar size is of small sawtimber and pole size timber of poor grade and
quality. A good part of the area is considered non merchantable. The
slopes are from level to easy slopes with a southwest drainage aspect,
along the western half of the tract. Soft and wet ground with soil of
clay and dirt. The highest and best use of the subject tract is for the
production of timber and/or timber products.
On the basis of this preliminary examination of your property, the
records of the Bureau show lands having generally similar
characteristics are being sold on the open market for approximately $40
- $50 per acres. This information is offered as a guide, and is not to
be construed as a thoroughly reliable indication of the present fair
market value of this property.
The determination of your competency affords assurance that, if at
some future date you consider the sale or encumbrance of this property
you will secure the services of specialists in the field of property
evaluation. If you sell this property, you should consider the
feasibility of reserving all or a portion of the minerals, including oil
and gas.
It is recommended that you record this patent with the Gary Harbor
County Recorder, Montesano, Washington. Should you desire information
on real estate taxes, you may contact the County assessor who is also
located at Montesano+++ Authoritative federal income tax information can
be obtained from the District Director, Internal Revenue Service, Tacoma
2, Washington, or from your local branch office. The State Forester,
Olympia, Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgement
in your dealings concerning this property.
Sincerely yours,
C. W. Ringey Superintendent
HEL-010-0800-0801
HEL-010-0788-0806
PETIT, E E
580819
CORRESPONDENCE
SHENKEL, W M W WASH AGENCY
Western Washington Agency Branch of Realty
Portland Area Office Branch of Realty
Ernest E. Petit 2105, 80 acres, Memo. Inv. report Realty Appraisals
580819
Attached for your file are two copies of approved Memorandum
Inventory Report, dated 580709, covering the subject property. The
information contained therein appears sufficient to assist materially in
the preparation of the letter to the recipient of the patent in fee, in
accordance with established procedure.
cc: Branch subject Branch chrony Yellow chrony
WMShenkel/se 580819
APPRAISAL FILE
HEL-010-0802-0802
HEL-010-0788-0806
PAO BR OF REALTY
580709
CORRESPONDENCE
HEIKEL, R B DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Date: 580709
Memorandum
To: Superintendent, C. W. Ringey, WMIA
From: Appraiser R. B. Heikel
Subject: Inventory information for patent in fee covering the
following allotment:
Allottee: Ernest E. Petit
Quinault
Allotment No. 2105 Described as E 1/2 SW 1/4 section 23. T. 23 N., R.
12 W., Willamette Meridian comprising 80 acres, more or less.
I reviewed the value of the above property on. The information
contained in the following paragraphs may be included in your letter to
the applicant at the time the patent in fee is delivered.
"A tentative review of your property value was made on 580709 by
staff technicians of the Bureau of Indian Affairs. This property is
located within an area known as Quests. This is a virgin tract
consisting predominately of marginal and submarginal cedar and a
scattering of large sawtimber size western white pine. The cedar size
is of small sawtimber and pole size timber of poor grade and quality. A
good part of the area is considered non merchantable. The slopes are
from level to easy slopes with a southwest drainage aspect, along the
western half of the tract. Soft and wet ground with soil of clay and
dirt. The highest and best use of the subject tract is for the
production of timber and/or timber products.
"On the basis of this preliminary examination of your property, the
records of the Bureau show lands having generally similar
characteristics are being sold on the open market for approximately
$40-50 per acre."
Reviewed: 580818
/sgd/ R. B. Heikel Appraiser
/sgd/ William M. Shenkel
Reviewing Appraiser
COPY
HEL-010-0803-0803
HEL-010-0788-0806
RINGEY, C W W WASH INDIAN AGENCY
580806
CORRESPONDENCE
WREN, C E BR OF REALTY
OFFICE MEMORANDUM
UNITED STATES GOVERNMENT
580806
TO: J. L. Diddock, Area Realty Officer
FROM: Real Property Assistant, Western Washington Agency
SUBJECT: Request for Real Estate Appraisals, form 5-110d, re your
letter of 580731.
As requested in your letter, attached are copies of Request for Real
Estate Appraisals, forms 5-110d, on the following:
Q-1138 Mary Howeattle 80 acres
Q-2105 Ernest E. Petit 80 acres
Mak-129 Mollie Holden 10.15 acres
P-100 Grant Cultee 6.00 acres
Failure to furnish your office the necessary forms is an oversight
for which we apologize.
/s/ C. E. Wren C. E. Wren Real Property Assistant
Enclosures 4
C O P Y
HEL-010-0804-0804
HEL-010-0788-0806
DIDDOCK, J L BR OF REALTY
580731
CORRESPONDENCE
LEMERY, L PAO
Realty
Portland Area Office Post Office Box 4097 Portland 8, Oregon
580731
Mr. Clarence W. Ringey
Superintendent, Western Washington Agency
Attention: Realty
Dear Mr. Ringey:
Appraisal reports have been received, but we request that you also
forward "Request for Real Estate Appraisal", form 5-110d, on each of the
following:
Q-1138 Mary Howeattle 80 acres
Q-2105 Ernest E. Petit 80 acres
Mak-229 Mollie Holden 10.15 acres
P-100 Grant Cultee 6.00 acres
In order to accurately report appraisal activity at each Agency on
form 5-110c "Semiannual Report of Real Estate Appraisals", it is
necessary that a "Request for Real Estate Appraisal", form 5-110d, is
issued on each parcel appraised, and it is imperative that a copy of
every request is received by the Portland Area Office. Your cooperation
in this matter will be greatly appreciated.
Sincerely yours,
J. L. Diddock Area Realty Officer
cc: Branch subject Branch chrony Yellow chrony
CLamberton/so 580731
HEL-010-0805-0805
HEL-010-0788-0806
RINGEY, C W W WASH AGENCY
580722
CORRESPONDENCE
W WASH AGENCY
Form 5-388 530700 45136
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
RECEIVED 580723 8:14 AM BUREAU OF INDIAN AFFAIRS PORTLAND AREA
INTER OFFICE TRANSMITTAL
Regular Mail
For Action
TO: Area Director.
FOR ATTENTION OF: Appraisal Section
FROM Western Washington Agency Everett, Washington
MARK ANY CORRESPONDENCE FOR ATTENTION: Realty
DATE: 580722
SUBJECT. Attached appraisal inventory reports, in triplicate, to be
used for the purpose of fee patent applications, are submitted for your
approval:
Mary Y. Howeattle Q. 1138
Ernest E. Petit Q. 2105
CONFORMED COPY
HEL-010-0806-0806
HEL-010-0788-0806
AREA DIR DOI BIA APPRAISAL SECTION
581210
CORRESPONDENCE
CROW, J O DOI BIA
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
Realty Acq. & Disp. 14878-58
Mr. Don C. Foster
Area Director, Portland, Oregon
Dear Mr. Foster:
This refers to your letter of 001107, addressed to the Director,
Bureau of Land Management, through this office, requesting that a fee
patent be issued to Vivian Cora Larsen Youngblood, Quinault allottee No.
1964, embracing lot 1, NE 1/4 SW 1/4 sec. 2, T. 23 N., R. 13 W.,
Willamette Meridian, containing 80 acres.
The records of this office show that the lands included in the above
mentioned allotment, are described as lot 21, NE 1/4 SW 1/4 sec. 2, T.
23 N., R. 13 W., for which trust patent No. 1063396, was issued on
330421.
The records further show that lot 1, sec. 2, above township and
range, is included in Quinault allotment No. 285 of Edward Hutchins, for
which fee patent No. 932767 was issued to the allottee on 240226.
It is noted that title to lot 1, sec. 2, passed from the United
States approximately nine years prior to the issuance of the trust
patent for allotment No. 1964. Therefore, unless your records show that
title to lot 1, sec. 2, was reinvested in the Tribe prior to 330000 and
that a mistake was made in the schedule of allotments and trust patent
1063396 by describing lot 21 instead of lot 1, your records and the
request for the issuance of the fee patent should be corrected to
described the lands included in allotment No. 1964 as lot 21, NE 1/4 SW
1/4 sec. 2, T. 23 N., R. 13 W.
In view of the above, the request and enclosure are returned herewith
for further consideration.
Sincerely yours,
(Sgd) John O. Crow
Acting Asst.
Commissioner
Enclosures
WEThomas:apn 581128
"Table not Keyed, See Original"
040629
HEL-010-0807-0809
HEL-010-0807-0816
FOSTER, D C DOI BIA PORTLAND
581107
CORRESPONDENCE
PAO
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER-OFFICE TRANSMITTAL
For Action
TO Commissioner, PIA
FOR ATTENTION OF: Branch of Realty
FROM Portland Area Office
File Reference: WW-1964 (Quinault)
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION: Branch of Realty
580711
SUBJECT Application of Vivian Cora Larsen Youngblood for patent in
fee for original allotment Quinaielt No. 1964,
The Superintendent's letter of 001022 states that the applicant is in
urgent need of the proceeds of an intended private sale of this
property. Any action which can be taken to expedite issuance of the
patent will be greatly appreciated.
HEL-010-0810-0810
HEL-010-0808-0816
COMM DOI BIA BR OF REALTY
581210
CORRESPONDENCE
CROW, J O DOI BIA
CORRECTION
The preceding document(s) has been refilmed to assure legibility and
its image appears immediately hereafter.
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
Realty Acq. & Disp. 14878-58
Mr. Don C. Foster
Area Director, Portland, Oregon
Dear Mr. Foster:
This refers to your letter of 001107, addressed to the Director,
Bureau of Land Management, through this office, requesting that a fee
patent be issued to Vivian Cora Larsen Youngblood, Quinault allottee No.
1964, embracing lot 1, NE 1/4 SW 1/4 sec. 2, T. 23 N., R. 13 W.,
Willamette Meridian, containing 80 acres.
The records of this office show that the lands included in the above
mentioned allotment, are described as lot 21, NE 1/4 SW 1/4 sec. 2, T.
23 N., R. 13 W., for which trust patent No. 1063396, was issued on
330421.
The records further show that lot 1, sec. 2, above township and
range, is included in Quinault allotment No. 285 of Edward Hutchins, for
which fee patent No. 932767 was issued to the allottee on 240226.
It is noted that title to lot 1, sec. 2, passed from the United
States approximately nine years prior to the issuance of the trust
patent for allotment No. 1964. Therefore, unless your records show that
title to lot 1, sec. 2, was reinvested in the Tribe prior to 330000 and
that a mistake was made in the schedule of allotments and trust patent
1063396 by describing lot 21 instead of lot 1, your records and the
request for the issuance of the fee patent should be corrected to
described the lands included in allotment No. 1964 as lot 21, NE 1/4 SW
1/4 sec. 2, T. 23 N., R. 13 W.
In view of the above, the request and enclosure are returned herewith
for further consideration.
Sincerely yours,
(Sgd) John O. Crow
Acting Asst.
Commissioner
Enclosures
WEThomas:apn 582811
040629
"Table not Keyed, See Original"
HEL-010-0812-0815
HEL-010-0808-0816
FOSTER, D C DOI BIA PORTLAND
581107
CORRESPONDENCE
PAO
U.S. DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs
INTER OFFICE TRANSMITTAL
For Action
For Information
TO Commissioner, BIA
FOR ATTENTION OF: Branch of Realty
FROM Portland Area Office
FILE REFERENCE: WW-1964 (Quinault)
MARK ANY RETURN CORRESPONDENCE FOR ATTENTION: Branch of Realty
580711
SUBJECT Application of Vivian Cora Larsen Youngblood for patent in
fee for her original allotment Quinault No. 1964.
The superintendent's letter of 001022 states that the applicant is in
urgent need of the proceeds of an intended private sale of this
property. Any action which can be taken to expedite issuance of the
patent will be greatly appreciated.
HEL-010-0816-0816
HEL-010-0808-0817
COMM DOI BIA BR OF REALTY
581107
CORRESPONDENCE
SKARRA, P E PAO
Realty 312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
581107
Through: Commissioner Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Vivian Cora Larsen Youngblood, allottee, for a
patent in fee for land embranced in Quinault allotment No. 1964 of
Vivian Cora Larsen Youngblood, under authority delegated by Order No.
551 of the Commissioner, Bureau of Indian Affairs, dated 510329 (16 F.
R. 2939), has been approved pursuant to the provisions of the Act of
060508 on amended (34 Stat. 182, 183, U.S.C. 349).
It is requested that a patent in fee be issued to the above named
application for the following described land, provided there are no
reasons appearing on the records of the Bureau of Land Management why
such patent should not be issued:
Lot 1, and NE 1/4 SW 1/4, Sec 2, T. 23 N., R. 13 W., Willamette
Meridian, Washington, containing 80.00 acres, more or less.
Sincerely yours,
(Sgd) Perry E. Skarra
Assistant Area Director
cc: Central Office, (BIA), W/encl
HEL-010-0817-0817
HEL-010-0816-0817
DIR BUREAU OF LAND MGT
581202
CORRESPONDENCE
HILL, C E DOI BIA D C
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
FILE No. 80994 15122-58 B.I.A.
Allotment No. 483
Western Washington Indian Agency
581210
RECEIVED of C. W. RINGEY Superintendent U. S. Indian Agency
fee) Patent No. 1188450, issued 581201 in the name of George W.
Jensen, heir of Catherine Mounts an Quinault Indian for SE 1/4 SE 1/4,
Sec, 16, SW 1/4 SW 1/4, Sec. 15, T. 21 N., R. 11 W., Willamette
Meridian, Washington containing 80 acres.
Witness: James Ball
George W. Jensen Patentee.
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS WASHINGTON 25,
D.C.
IN REPLY REFER TO:
Realty Requirements
15122-58
581202
Superintendent
Western Washington Agency
Fee patent numbered 1188450 issued 581201 to George W. Jensen, heir
of Catherine Mounts, for an undivided 1/2 interest
Quinault allottee numbered 183 is enclosed for recording and
delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0818-0820
HEL-010-0818-0828
SUPT W WASH AGENCY
581113
CORRESPONDENCE
AREA DIR PAO
Central Office (BIA),w/encl.
Realty 312(1) Portland Area Office Post Office Box 4097 Portland,
Oregon
581113
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
George W. Jensen, non Indian, was determined by the Department to
have inherited an undivided 1/27 interest in the allotment of Catherine
Mounts, deceased Quinault allottee No. 483, Probate No's. 7987-58;
20093-40. Being non Indian, title passed to this heir stripped of its
original trust character. A patent in fee is now desired in order to
clarify title.
It is recommended that a patent in fee be issued to George W. Jensen
for an undivided 1/27 interest in and to the following described land,
provided there are no reasons appearing on the records of the Bureau of
Land Management why such patent should not be issued:
SE 1/4 SE 1/4, Sec. 16, SW 1/4 SW 1/4, Sec. 15, all in T. 21 N., R.
11 W., Willamette Meridian, Washington, containing 80 acres.
Provision should be incorporated in the patent for Hallet Road, which
crosses the SW 1/4 SW 1/4, Route S-7, with the rights of the United
States to maintain, operate, or improve the same so long as needed or
used for or by the United States. (Dept. Instr, 160113, 44 L.D. 513).
This road is on the approved Quinaielt Indian Service Road System and
was approved in the Washington Office on 510615 in accordance with the
Federal Aid Highway Act of 440000, Sec. 10(c), 58 Stat. 838, and
Memorandum of Agreement between the Bureau of Public Roads and the
Bureau of Indian Affairs dated 460223.
Sincerely yours,
Area Director
cc: Central Office(BIA),w/encl.
581118
HEL-010-0821-0822
HEL-010-0818-0828
DIR BUREAU OF LAND MGT COMM DOI BIA
581106
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
TO REPLY REFER TO:
Realty Acq. & Disp. MOUNTS. Catherine Q. 483
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett, Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
George W. Jensen, non Indian, was determined by the Department to
have inherited an undivided 1/27 interest in the allotment of Catherine
Mounts, deceased Quinault allottee No. 483. As this heir is a non
Indian, the interest in this allotment was received in a non trust
status.
There is included with this transmittal, in duplicate, a Land Status
Report and Abstract of Probates as well as the letter to the Bureau of
Land Management.
We, therefore, request that a patent in fee be issued to the
aforesaid George W. Jensen for his undivided non trust interest.
Sincerely yours,
(SGD) M.L. SCHWARTZ
ACTING Superintendent
Enclosures
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) trust patent No.
1040386, dated 300908, was issued to Catherine Mounts, Quinault allottee
No. 483, for lands described as: SE 1/4 SE 1/4, Sec. 16 and SW 1/2 SW
1/4, Sec. 15, T. 21 N., R. 11 W., Willamette Meridian, Washington,
containing 80 acres, more or less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of this land.
Indian Service Road S-7 crosses SW 1/4 SW 1/4, Sec. 15, T. 21 N., R.
11 W., W. M.
The land is not within an Indian irrigation project.
The land is in heirship status and an Abstract of probates report is
attached.
There is an unpaid probate fee of $50 in the Estate of Thomas J.
Mounts, Prol 7994-58.
There is no record of indebtedness to the U.S. or the Quinault Tribe
against the land, allottee or the heirs.
As of the date, as evidenced by the attached Abstract of probates,
the ownership of the land remaining in trust described as SW 1/4 SE
1/4Sec. 16, and SW 1/4 SW 1/4, Sec. 15, T. 21 N., R. 11 W., W.M.,
containing 80 acres, more or less, Quinault allotment No. 483, is as
follows:
Florence M. Grodvig an undivided 90/810 interest
Catherine M. Easterday " " 90/ "
Daniel M. Mounts " " 90/ "
Sameul J. Mounts " " 90/ "
Madeline E. Scott " " 30/ "
Gilbert F. Mounts " " 30/ "
Ruby K. Alister " " 30/ "
Grover McAlister " " 30/ "
Pauline McBride " " 30/ "
Francis C. Mounts " " 20/ "
Norman U. Mounts " " 20/ "
Annabelle C. Mount Barnett 20/ "
Rachel Marcus Harden " " 45/ "
Thomas (Danny) Marcus " " 9/ " (MINOR)
Sally Marcus " " 9/ " "
Donald Wayne Marcus " " 9/ " "
Sandra marcus " " 9/ " "
Arthur Dean Marcus " " 9/ " "
Virgil Jensen " " 6/ " "
Ramons Jensen Kalama Strom an undivided 6/810 interest
Tristen Jensen " " 6/ "
Elizabeth Neubert " " 6/ "
Pauline Guilmette " " 6/ "
Elmer S. Jensen " " 6/ "
Jesse Jensen " " 6/ "
Dorothy Matthews " " 6/ "
Martha Stamey " " 6/ "
Judy Darlene Jensen " " 2/ " MINOR
Pattie Ann Jensen " " 2/ " "
Mary Ann Mounts Squally " " 10/
Franklin Wells Mounts " " 10/ " MINOR
Non trust interests:
Katherine Mounts, Non Indian 30/
George W. Jensen, Non Indian 30/
Margaret Ball Jensen, Non Indian 2/
Freda Mounts, Non Indian 10/
I HEREBY CERTIFY THAT the above data is complete and correct
according to the official records of the Western Washington Agency.
Marilyn L. Ping, Realty Analyst 581023
SE 1/4 SE 1/4 Sec. 16, and SW 1/4 SW 1/4, Sec. 15, T. 21 N., R. 11
W., Willamette Meridian, Washington, containing 80 acres.
"Table Not Keyed, See Original"
I, the undersigned, do hereby certify that this is a true and correct
Abstract of all Probates on the above estate according to all records in
this office.
Marilyn L. Ping. Realty Analyst Western Washington Indian Agency
Everett, Washington 581016
HEL-010-0824-0828
HEL-010-0818-0828
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
581202
CORRESPONDENCE
HILL, C E DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
IN REPLY REFER TO: Realty Requirements 15123-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
581202
Superintendent
Western Washington Agency
Fee patent numbered 1188453 issued 581201 to Katherine Mounts, heir
of Catherine Mounts, for an undivided 1/27 interest Quinault allottee
numbered 483 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0829-0830
HEL-010-0829-0837
SUPT W WASH AGENCY
581118
CORRESPONDENCE
AREA DIR PAO
cc: Central Office (BIA), w/encl.
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
Katherine Mounts, non Indian, was determined by the Department to
have inherited an undivided 1/27 interest in the allotment of Catherine
Mounts, deceased Quinault allottee No. 483, Probate No's. 362-52;
20093-40. Being non Indian, the title passed to this heir stripped of
its original trust character. A patent in fee is now desired in order
to clarify title.
It is recommended that a patent in fee be issued to Katherine Mounts
for an undivided 1/27 interest in and to the following described land,
provided there are no reasons appearing on the records of the Bureau of
Land Management why such patent should not be issued.
SE 1/2 SE 1/4, Sec. 16, SW 1/4 SW 1/4, Sec. 15, all is T. 21 N., R.
11 W., Willamette Meridian, Washington, containing 80 acres.
Provision should be incorporated in the patent for Hallet Road, which
crosses the SW 1/4 SW 1/4, Route S-7, with the rights of the United
States to maintain, operate, or improve the same so long as needed or
used for or by the United States. (Dept. Instr. 160113, 44 L.D. 513).
This road is on the approved Quinaielt Indian Service Road System and
was approved in the Washington Office on 510615 in accordance with the
Federal Aid Highway Act of 440000, Sec. 10(c), 59 Stat. 838, and
memorandum of Agreement between the Bureau of Public Boards and the
Bureau of Indian Affairs dated 460223.
Sincerely yours,
Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0831-0832
HEL-010-0829-0837
DIR BUREAU OF LAND MGT COMM DOI BIA
581106
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
IN REPLY REFER TO: Realty Acq. & Disp. MOUNTS, Catherine Q. 483
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett, Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
Katherine Mounts, non Indian, was determined by the Department to
have inherited an undivided 1/27 interest in the allotment of Catherine
Mounts, deceased Quinault allottee No. 483. As this heir is a non
Indian, the interest in this allotment was received in a non trust
status.
There is included with this transmittal, in duplicate, a Land Status
Report and Abstract of Probates as well as the letter to the Bureau of
Land Management.
We, therefore, request that a patent in fee be issued to the
aforesaid Katherine Mounts for her undivided non trust interest.
Sincerely yours,
(SGD) M. L. SCHWARTZ
ACTING Superintendent
Enclosures
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) trust patent No.
1040386, dated 300908, was issued to Cathering Mounts, Quinault allottee
No. 483, for lands described as: SE 1/4 SE 1/4, Sec. 16 and SW 1/4 SW
1/4, Sec. 15, T. 21 W., R. 11 W., Willamette Meridian, Washington,
containing 80 acres, more or less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of this land.
Indian Service Road S-7 crosses SW 1/4 SW 1/4, Sec. 15, T. 21 N., R.
11 W., W.M.
The land is not within an Indian irrigation project.
The land is in heirship status and an Abstract of probates report is
attached.
There is an unpaid probate fee of $50 in the Estate of Thomas J.
Mounts, Pro. 7994-58.
There is no record of indebtedness to the U.S. or the Quinault Tribe
against the land, allottee or the heirs.
As of this date, as evidenced by the attached Abstract of probates,
the ownership of the land remaining in trust described as SE 14 SE 1/4,
Sec. 16 and SW 1/4 SW 1/4, Sec. 15, T. 21 N., R. 11 W., W.M., containing
80 acres, more or less, Quinault allotment No. 483, is as follows:
"Table Not Keyed, See Original"
"Table not Keyed, See Original"
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Agency.
Marilyn L. Ping, Realty Analyst 581023
ABSTRACT OF PROBATES: Catherine Mounts, Q. 483, Pro. 20093-40, land
described as: SE 1/4 SE 1/4 Meridian
"Table not Keyed, See Original"
Described as: SE 1/4 SE 1/4 Sec. 16, and SW 1/4 SW 1/4, Sec. 15, T.
21 N., R. 11 W., Willamette Meridian, Washington, containing 80 acres.
"Table not Keyed, See Original"
The undersigned, do hereby certify that this is a true and correct
tract of all Probates on the above estate according to all records this
office.
Marilyn L. Ping, Realty Analyst 581016
HEL-010-0833-0837
HEL-010-0829-0837
FOSTER, D C DOI BIA PORTLAND
581202
CORRESPONDENCE
HILL, C E DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
80998
File No. 15124-58 B.I.A.
Allotment No. 483
Western Washington Indian Agency
581210
RECEIVED of C.W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1188452 issued 581201 in the name of Margaret Ball Jensen, heir of
an Quinault Indian for SE 1/4 SE 1/4, Sec. 16, SW 1/4 SW 1/4, Sec. 15,
T. 21 N., R 11 W., Willamette Meridan containing 80.00 acres.
Witness
Margaret Ball Jensen
In Reply Refer To:
Realty Requirements
15124-58
MMS
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
581202
Superintendent
Western Washington Agency
Fee patent numbered 1188452 issued 581201, to Margaret Ball Jensen,
heir of Catherine Mounte, for an undivided 1/405 interest Quinault
allottee numbered 483 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C.E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067
570400
HEL-010-0838-0841
HEL-010-0838-0848
SUPT W WASH AGENCY
581113
CORRESPONDENCE
AREA DIR PAO
cc: Central Office (BIA), w/encl.
Realty
312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
581113
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
Margaret Ball Jensen, non-Indian, was determined by the Department to
have inherited an undivided 1/405 interest in the allotment of Catherine
Mounts, deceased Quinault allottee No. 483, Probate No's. 7987-58;
20093-40. Being non Indian, the title passed to this heir stripped of
its original trust character. A patent in fee is now desired in order
to clarify title.
It is recommended that a patent in fee be issued to Margaret Ball
Jensen for an undivided 1/405 interest in and to the following described
land, provided there are no reasons appearing on the records of the
Bureau of Land Management why such patent should not be issued:
SE 1/4 SE 1/4, Sec. 16, SW 1/4 SW 1/4, Sec. 15, all in T. 21 N.,
Range 11 W., Willamette Meridian, Washington, containing 80 acres.
Provision should be incorporated in the patent for Hallet Road, which
crosses the SW 1/4 SW 1/4, Route S-7, with the rights of the United
States to maintain, operate, or improve the same so long as needed or
used for or by the United States. (Dept. Instr. 160113, 44 L.D. 513).
This road is on the approved Quinaielt Indian Service Road System and
was approved in the Washington Office on 510615, in accordance with the
Federal Aid Highway Act of 0044, Sec. 10(a), 58 Stat. 838, and
Memorandum of Agreement between the Bureau of Public Roads and the
Bureau of Indian Affairs dated 460223.
Sincerely yours,
Area Director
cc: Central Office (BIA), w/encl.
HEL-010-0842-0843
HEL-010-0838-0848
DIR BUREAU OF LAND MGT COMM DOI BIA
581106
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
IN REPLY REFER TO:
Realty Acq. & Disp. MOUNTS, Catherine Q. 483
UNITED STATES
DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
581106
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
Margaret Ball Jensen, non Indian, was determined by the Department to
have inherited an undivided 1/405 interest in the allotment of Catherine
Mounts, deceased Quinault allottee No. 483, As this heir is non Indian,
the interest in this allotment was received in a non trust status.
There is included with this transmittal, in duplicate, a Land Status
Report and Abstract of Probates as well as the letter to the Bureau of
Land Management.
We, therefore, request that a patent in fee be issued to the
aforesaid Margaret Ball Jensen for her undivided non trust interest.
Sincerely yours,
(SGD) M.L. SCHWARTZ
ACTING Superintendent
Enclosures
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) trust patent No.
1040386, dated 300908, was issued to Catherine Mounts, Quinault allottee
No. 483, for lands described as SE 1/4 SE 1/4, Sec. 16 and SW 1/2 SW
1/4, Sec 15, T. 21 N., R. 11 W., Willamette Meridian, Washington,
containing 80 acres, more or less.
There have been no subsequent transaction, since issuance of above
patent, affecting acreage or ownership (or ownership) of this land
Indian Service Road S-7 crosses SW 1/4 SW 1/4, Sec 15, T. 21 N., R.
11 W., W.M.
The land is not within an Indian irrigation project.
The land is in heirship status and an Abstract of probates report is
attached.
There is an unpaid probate fee of $50 in the Estate of Thomas J.
Mounte, Pro. 7994-58.
There is no record of indebtedness to the U.S. or the Quinault Tribe
against the land, allottee or the heirs.
As of this date, as evidenced by the attached Abstract of probates,
the ownership of the land remaining in trust described as SE 1/4 SE
1/4Spec. 16, and SW 1/4 SW 1/4, Sec. 15, T. 21 N., R. 11 W., W.M.,
containing 80 acres, more or less, Quinault allotment No. 483, is as
follows:
"Table not Keyed, See Original"
I HEREBY CERTIFY THAT the above data is complete and correct
according to the official records of the Western Washington Agency.
Marilyn L. Ping. Realty Analyst
581023
I, the undersigned do hereby cerity that this is a true and correct
constract of all Properties on the above ??? according to all ?? in this
office.
Marilyn L. Ping
"Table not Keyed, See Original"
land described as SW 1/4 SE 1/4 Sec. 15 and SW 1/4 SW 1/4 Sec. 15, T,
21 H., R. 11 W., Williamett Meridian Washington, containing 80 acres,
"Table not Keyed, See Original"
HEL-010-0844-0848
HEL-010-0838-0848
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
581202
CORRESPONDENCE
HILL, C E DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
01000
File No. 15125-52 B.I.A.
ORIGINAL
Allotment No. Q. 483 Western Washington Indian Agency
581210
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee Patent
No. 1188454, issued 581201 in the name of Freda Mounts, heir of
Catherine Mounts, as Quinault Indian, for SE 1/4 SE 1/4, Sec. 16, SW 1/4
SW 1/4, Sec. 15, T. 21 N., R. 11 W., Willamette Meridian, Washington,
containing 80 acres. Witness M. M. Orva
Freda Mounts Pantentee.
IN REPLY REFER TO: Realty Requirements 15125-58 mms
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
WASHINGTON 25, D.C.
581202
Superintendent
Western Washington Agency
Fee patent numbered 1188454 issued 581201 to Freda Mounts, Heir of
Catherine Mounts, for an undivided 1/01 interest Quinault allottee
numbered 483 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067
570400
HEL-010-0850-0852
HEL-010-0849-0857
SUPT W WASH AGENCY
581118
CORRESPONDENCE
AREA DIR POA
cc: Central Office (BIA), w/encl.
Realty 312(1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
Freda Mounts, non-Indian, was determined by the Department to have
inherited an undivided 1/81 interest in the allotment of Catherine
Mounts, deceased Quinault allottee No. 483, Probate No's. 7994-58;
20093-40. Being non-Indian, the title passed to this heir stripped of
its original trust character. A patent in fee is now desired in order
to clarify title.
It is recommended that a patent in fee be issued to Freda Mounts for
an undivided 1/81 interest in and to the following described land,
provided there are no reasons appearing on the records of the Bureau of
Land Management why such patent should not be issued:
SE 1/4 SE 1/4, Sec. 16, SW 1/4 SW 1/4, Sec. 15, all in T. 21 N., R.
11 W., Willamette Meridian, Washington, containing 80 acres.
Provision should be incorporated in the patent for Hallet Road, which
crosses the SW 1/4 SW 1/4, Route 8-7, with the rights of the United
States to maintain, operate, or improve the same so long as needed or
used for or by the United States. (Dept. Instr. 160113, 44 I.D. 513).
This road is on the approved Quinaielt Indian Service Road System and
was approved in the Washington Office on 510615 in accordance with the
Federal Aid Highway Act of 1944, Sec. 10(c), 58 Stat. 838, and
Memorandum of Agreement between the Bureau of Public Roads and the
Bureau of Indian Affairs dated 460223.
Sincerely yours,
Area Director
cc: Central Office (BIA), w/encl.
The Portland Area Office Recording
HEL-010-0853-0854
HEL-010-0849-0857
COMM DOI BIA DIR BUREAU OF LAND MGT
581106
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
IN REPLY REFER TO:
Realty Acq. & Disp. MOUNTS, Catherine Q. 483
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
581106
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
Freda Mounts, non Indian, was determined by the Department to have
inherited an undivided 1/81 interest in the allotment of Catherine
Mounts, deceased Quinault allottee No. 483. As this heir is a non
Indian, the interest in this allotment was received in a non trust
status.
There is included with this transmittal, in duplicate, a Land Status
Report and Abstract of Probates as well as the letter to the Bureau of
Land Management.
We, therefore, request that a patent in fee be issued to the
aforesaid Freda Mounts for her undivided non trust interest.
Sincerely yours,
(SGD) M. L. SCHWARTZ
ACTING Superintendent
Enclosures
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 388) trust patent No 1040386,
dated 300908, was issued to Catherine Mounts, Quinault allottee No. 483,
for lands described as SE 1/4 SE 1/4, Sec. 16 and SW 1/2 SW 1/4, Sec 15,
T. 21 N., R. 11 W., Willamette Meridian, Washington, containing 80
acres, more or less.
There have been no subsequent transaction, since issuance of above
patent, affecting acreage or ownership of this land
Indian Service Road S-7 crosses SW 1/4 SW 1/4, Sec 15, T. 21 N., R.
11 W., W.M.
The land is not within an Indian irrigation project.
The land is in heirship status and an Abstract of probates report is
attached.
There is an unpaid probate fee of $50 in the Estate of Thomas J.
Mounts, Pro. 7994-58.
There is no record of indebtedness to the U.S. or the Quinault Tribe
against the land, allottee or the heirs.
As of this date, as evidence by the attached Abstract of probates,
the ownership of the land remaining in trust described as SE 1/4 SE 1/4,
Spec. 16, and SW 1/4 SW 1/4, Sec. 15, T. 21 N., R. 11 W., W.M.,
containing 80 acres, more or less, Quinault allotment No. 483, is as
follows.
"Table not Keyed, See Original"
I HEREBY CERTIFY THAT the above data is complete and correct
according to the official records of the Western Washington Agency.
Sgd Marilyn L. Ping Realty Analyst 581023
HEL-010-0855-0857
HEL-010-0849-0857
FOSTER, D C DOI BIA PORTLAND
590123
CORRESPONDENCE
HILL, C E DOI BIA DC
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
FILES
CAUTION.
Positively no papers to be added to or taken from this file, except
by an employee of the Mail and Files Unit.
RECEIPT FOR PATENT
File No. 81144 15637-58 B.I.A.
Allotment No. Q. 2148
Western Washington Indian Agency
590209
RECEIVED of C. W. Ringey Superintendent U.S. Indian Agency fee)
Patent No. 1191422, issued 590122 in the name of Stanley Lee Rogers as
Quinault Indian for S 1/2 NW 1/4 Sec. 35, T. 23 N., R. 12 W., Willamette
Meridian, Washington, containing 80.00 acres.
Witness:
Stanley Lee Rogers Patentee
IN REPLY REFER TO:
Realty Requirements 15637-58
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Washington 25, D.C.
590123
Superintendent
Western Washington Agency
Fee patent numbered 1191422 issued 590123 to Stanley Lee Rogers
Quinault allottee numbered 2148 is enclosed for recording and delivery.
The patentee is requested to sign the enclosed receipt in duplicate.
The original signed receipt should be returned to this office and the
duplicate retained in your files.
Sincerely yours,
C. E. Hill
Special Assistant, Requirements
Enclosures
cc: Area Director, Portland
Form 5-067 570400
HEL-010-0860-0862
HEL-010-0860-0875
SUPT W WASH AGENCY
581124
CORRESPONDENCE
ACT AREA DIR PAO
Realty
312 (1)
Portland Area Office Post Office Box 4097 Portland 8, Oregon
Through: Commissioner, Bureau of Indian Affairs
Director, Bureau of Land Management
Washington 25, D.C.
Dear Sir:
The application of Stanley Lee Rogers, allottee, for a patent in fee
for land embraced in Quinault allotment No. 2148 of Stanley Lee Rogers,
under authority delegated by Order No. 551 of the Commissioner, Bureau
of Indian Affairs, dated 510329 (16 F.R. 2939), has been approved
pursuant to the provisions of the Act of 060508, as amended (34 Stat.
182, 183; U.S.C. 349).
It is requested that a patent in fee be issued to the above named
applicant for the following described land, provided there are no
response appearing on the records of the Bureau of Land Management why
such patent should not be issued;
S 1/4 NW 1/4, Sec. 35, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
Sincerely yours,
Area Director,
Enclosures
cc: Central Office (BIA), w/encl.
HEL-010-0863-0864
HEL-010-0863-0875
DIR BUREAU OF LAND MGT
581100
CORRESPONDENCE
SCHWARTZ, M L W WASH INDIAN AGENCY
Realty Acq. & Disp. ROGERS, Stanley Lee Q. 2148
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Don C. Foster
Area Director, Portland, Oregon
Attention: Realty
Dear Mr. Foster:
There is attached, in duplicate, the approved application of Stanley
Lee Rogers, Quinault allotment No. 2148, for a patent in fee on land
which is described as:
S 1/4 NW 1/4, Sec. 35, T. 23 N., R. 12 W., Willamette Meridian,
Washington, containing 80 acres, more or less.
The applicant has established himself in a manufacturing community in
upper New York State where he has been employed. He is purchasing his
own home. Mr. Rogers' references all attest to his intelligence and
good standing in the community. The president of the bank with which
the applicant does business gave him a high reference.
The application is supported in duplicate by a Statement of
Understanding, Land Status Report, and copies of the letter to the
patentee. The letter to the Bureau of Land Management is also enclosed.
As all available evidence indicates the applicant to be
unquestionably competent to manage his own trust allotment, it is
respectfully recommended that his request for issuance of a fee patent
be granted.
Sincerely yours,
(SGD) M.L. SCHWARTZ ACTING Superintendent
Enclosures
Form No. 5-105 550500
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
Application for Patent in Fee or for the Sale of Indian Land
Allottee Stanley Lee Rogers No. 2148
Reservation Quinault
571016
Application is hereby made for (patent in fee) for the following
described land: S 1/2 NW 1/4, Sec. 35, T. 23 N., R. 12 W. Willamette
Meridian 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 32
2. Date of Birth 250219
3. Degree of Indian Blood 1/8
4. Married
5. Education: Years in elementary school 8 High School 4 College
6. The following persons are dependent upon me for support (Give
names, ages and relationship) Ruth, wife 33 yrs. Bonnie, dau., 6 yrs.,
Janice, dau. 8 mons.
7. I am enrolled as a Quinault Indian
8. Permanent address 320 Ogden St., Ogdensburg, New York
9. The amount of my annual income is $3,330.60
EXHIBIT NO. 8
10. My income is obtained from the following sources: Attendant St.
Lawrence State Hospital
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 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 $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 (We) 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.
It is our agreement ???? ????? ????? ????? ????? ?????? ??? may be
disposed of in accordance with regulations predominantly Secretary of
the Interior.
Stanley L. Rogers 320 Ogden Street Ogdensburg, New York
Subscribed and sworn before me this 571016. I hereby certify that
the effect of this application was explained to and fully understood by
the applicants.
Title
IRA A. COAT Notary Public in the State of New York My Commission
expires 580330
APPLICATION APPROVED 580120
Acting Superintendent
STATEMENT OF UNDERSTANDING (To be attached to application for Patent
in Fee)
The undersigned applicant fully understands that if a fee patent is
granted, that the property will be subject to the tax laws of the State
of Washington, and if forrested, the property will be subject to the
Washington State forest laws. I realize that ingress and egress to the
property may be a problem, and when the fee patent is granted, I must
assume the burden of access, and if necessary avail myself of such
remedies as may be available under the laws of the State to any owner of
property similarly situated. I also understand that encumbrances such
as permits, leases, timber contracts, and rights of way will remain in
effect.
Stanley L. Rogers
Applicant
581105
LAND STATUS REPORT
Pursuant to the Act of 870208 (24 Stat. 366) as amended by the Act of
110304 (36 Stat. 1345) trust patent No. 1063575, dated 330421, was
issued to Stanley Lee Rogers, Quinault allottee No. 2148, for lands
described as S 1/2 NW 1/4, Sec. 35, T. 23 N., R. 12 W., Willamette
Meridian, Washington containing 80 acres, more or less.
There have been no subsequent transactions, since issuance of above
patent, affecting acreage or ownership of this allotment.
This allotment is not within a government irrigation project.
The allottee is living.
There is no record of indebtedness to the United States or the
Quinault Tribe or allottee.
The allottee is living and owns this allotment in its entirety.
I HEREBY CERTIFY that the above data is complete and correct
according to the official records of the Western Washington Agency.
Clyde E. Wren, Real Property Assistant Western Washington Agency
Everett, Washington
580120
HEL-010-0865-0871
HEL-010-0863-0875
FOSTER, D C DOI BIA PORTLAND BR OF REALTY
580000
CORRESPONDENCE
RINGEY, C W DOI BIA W WASH
Realty Acq. & Disp. ROGERS, Stanley Lee Q. 2148
Western Washington Indian Agency 1620 Hewitt Avenue Everett,
Washington
Mr. Stanley L. Rogers 320 Ogden Street Ogdensburg, New York
Dear Mr. Rogers;
Pursuant to your request and predicated upon the finding of your
being competent to prudently conduct business transaction involving your
trust property, there is respectfully presented a patent in fee to
property legally described as:
S 1/4 NW 1/4, Sec. 35, T. 23 N., R. 12 W., Willamette Meridian,
Washington containing 80 acres, more or less.
In keeping with the policy established by the Secretary of the
Interior and Commissioner of Indian Affairs for ethical termination of
the trust relationship, I have caused to be made an inspection of the
above described premises.
A cursory inspection was made on 580820, by staff technicians of this
office and disclosed that the tract is located within an area known as
the Quests Unit. This is a virgin timber tract with an estimated three
to three and one half million board feet of predominately hemlock, white
fir, and cedar. Topography is of moderate to steep slopes with the
south fork of the Raft River just inside of the tract at the northeast
corner. Godd drainage exists, and the soil is of a gravelly loam type.
The tract is located approximately 1 1/4 miles north of the Aloha Lumber
Company Logging road. Highest and best use of the tract is for the
production of timber and/or timber products.
On the basis of this preliminary examination of your property, the
records of the Bureau show lands having generally similar character
insite are being sold on the open market for approximately $350 to $400
per acre.
This information is offered as a guide, and is not to be construced
as a thoroughly reliable indication of the present fair market value of
the property. The determination of your competency affords assurance
that, if at some future date you consider the sale or encumbrance of
this property, you will accure the services of specialist in the field
of property evaluation. Should you sell the property you might well
consider the feasibility of reserving all or a portion of the minerals,
including oil and gas.
It is recommended that you record this patent with the Grays Harbor
County Recorder, Montesano, Washington. Should you desire information
on real estate terms, you may contact the County Assessor who is also
located at Montesano. Authoritive federal income tax information
pertaining to this property can be obtained from your local District
Director, Internal Revenue Service, in Ogdensburg. The State Forester,
Olympia, Washington, can furnish information on the various regulations
pertaining to the management and harvesting of timber.
You are cordially urged to follow these dictates of prudent judgement
in your deals concerning this property.
Sincerely yours,
C. W. Ringey
Superintendent
Enclosure
HEL-010-0872-0872
HEL-010-0876-0876
ROGERS, S L
580930
CORRESPONDENCE
SHENKEL, W M
Western Washington
Realty
Portland Area Office Branch of Realty
Stanley L. Rogers Q-2148, 80 acres Memo Inv. Report
Realty Appraisal
580930
Attached for your file are two copies of approved Memorandum
Inventory Report, dated 580909, covering subject property. The
information contained therein appears sufficient to assist materially in
the preparation of the letter to the recipient of the patent in fee, in
accordance with established procedure.
WMShenkel/cl 580930 cc: Branch subject Branch chrony Yellow chrony
Appraisal file
HEL-010-0874-0874
HEL-010-0863-0875
POA BR OF REALTY
580909
CORRESPONDENCE
HEIKEL, R B
C O P Y
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS
580909
Memorandum
To: Superintendent, Western Washington Agency
From: Appraiser R. B. Heikel
Subject: Inventory information for patent in fee covering the
following allotment:
Allottee: Stanley L. Rogers Quinault
Allotment No. 2148
Described as S 1/2 NW 1/4 Sec. 35, T. 23 N., R. 12 W., Willamette
Meridian comprising 80 acres, more or less.
I reviewed the value of the above property on The information
contained in the following paragraphs may be included in your letter to
the applicant at the time the patent in fee is delivered.
"A tentative review of your property value was made on 580820, by
staff technicians fo the Bureau of Indian Affairs. This property is
located within an area known as the Queets Unit. This is a virgin
timber tract, with an estimated three to three and one half million
board feet of predominately hemlock, white fir and cedar. Topography is
of moderate to steep slopes with the south fork of Raft River just
inside of the tract of the northeast corner. Good drainage with the
soil of a gravelly loan type. Tract is located approximately 1 1/2
miles north of the Aloha Lumber Company logging road. Highest and best
use of the subject tract is for the production of timber and/or timber
products.
"On the basis of this preliminary examination of your property, the
records of the Bureau show lands having generally similar
characteristics are being sold on the open market for approximately
$350-400 per acre."
Reviewed: 580926
/s/ R. B. Heikel
Appraiser
WILLIAM M. SHENKEL Reviewing Appraiser
HEL-010-0875-0875
HEL-010-0863-0875
SUPT W WASH AGENCY