Abbildungen der Seite
PDF
EPUB

(G) SUMMARY OF PROVISION

If the United States acquires title to any of the lands in the Klamath Indian Forest which are subject to any outstanding timber sales contracts, the Secretary of Agriculture shall administer such contracts. Effect of provision

Since any forest land acquired the United States under this bill will be administered as national forest lands, and since the Secretary of Agriculture has authority under existing law to sell timber and forest products from sustainedyield units (16 U. S. C. $583 b), he appears to be the logical official to administer contracts for the sale of timber and forest products from such lands.

(II) SUMMARY OF PROVISION

All tribal lands sold, whether forest or other lands, on which roads are presently located shall be sold subject to the right of the United States and its assigns to maintain and use such roads. Effect of provision

This provision will assure adequate access to lands bought by the United States and used as national forest lands, and also to any lands which may be purchased by private enterprise subject to sustained-yield management plans. Since such sustained-yield covenants will be enforceable by the Secretary of Agriculture, it is important that the United States have access to the lands covered by same.

It should be noted, as has been pointed out in subsection (b) under Market Value, that this provision, that the United States will maintain roads, is not limited to access roads needed by the United States, but is a service which the United States will give to purchasers as to all roads on the land at time of purchase. There appears to be no provision for any charge for this service to private enterprise, which may purchase a considerable portion of the Klamath Indian lands.

SECTION 2

This section repeats the provision of section 5 (a) of the original Klamath Termination Act of 1954 (68 Stat. 718) that the members of the Klamath Tribe shall elect to either withdraw from or remain in the tribe and that this election shall be made following the appraisal of the tribal property.

SECTION 3. SUMMARY OF PROVISION

If the members who shall elect to remain in the tribe and the Secretary of the Interior fail to agree upon a management plan for managing the tribal property, by February 13, 1960, the Secretary of the Interior is authorized to adopt a management plan, subject to section 15 of the act which provides for appointment of guardians for minors or incompetents. Effect of provision

The present law provides for a plan to be prepared, for the management of the tribal property, through a trustee, corporation, or other legal entity, satisfactory to the members who elect to remain in the tribe and to the Secretary of the Interior ($5 (a) (5)). However, the law makes no provision for what should be done if they fail to reach an agreement. This section of S. 3051 now provides for such a possibility.

It should be noted that S. 2745, 83d Cong., which was enacted into the Klamath Termination Act, had, in its original form, a provision in section 7 of the bill, which gave the tribe the option of 2 methods of managing its property, and further provided that, if the tribe exercised neither of these options, the Secretary should transfer title to the assets to a trustee of his choice, for liquidation and distribution purposes. This provision was dropped from the House version of the bill and the present section 5 (a) (5) was substituted therefor.

The effect of the new proposal will be to give the Secretary of the Interior a free choice to adopt a plan without the consent of the tribe. For example, should the Secretary insist upon a trusteeship and the tribe upon a corporation, they would not reach an agreement by February 13, 1960. According to the new provision, the Secretary could then adopt the trusteeship plan. The tribe would have to agree to anything the Secretary proposed, for in the end his plan and not theirs would be adopted.

In reference to the appointment of guardians for minors and incompetents, testimony has been offered by the League of Women Voters, Klamath County unit, that "there is an undercurrent of rebellion that revolves around the future of the tribe's 1,000 children and the contents of some of the circuit files in the Klamath County courthouse.

"The Klamath Indian has a historically well-founded fear that his children's estates will be subjected to legal looting. It has happened before to the Five Civilized Tribes in Oklahoma, and it has happened individually to members of various coast Indian tribes in Oregon. So the Klamaths are balking at carrying out one important part of the termination program: the establishment of guardianships for minors and incompetents.

“They have balked because, they say, Oregon law is not adequate to protect: the minors and legal incompetents of the tribe who can someday expect to come into estates of $50,000 apiece. They point out that a few of the guardianships: established early in the termination program have cost Klamath Indians 3 or 4 times as much as the same legal procedures would cost non-Indians.

“Public Law 587 delegated to State courts and State law the responsibility of protecting the property of the minor and legally incompetent Indians.

“How well the State laws have worked can be discovered in the Klamath County court records which show that fees for the service of certain attorneys and guardians have ranged up to $1,600 apiece for a year. Trust lands, still under the control of the Federal Government, have been included in inventories of the estates and then fees have been based on a percentage of the total value rather than on specific charges for work performed.

"Estimates of the number of guardianships which will be needed in Klamath County before the minors and incompetents can receive their estates range from 800 to 1,000" (bearings on S. 2047, 85th Cong., pp. 35-36).

SECTION 4. SUMMARY OF PROVISION

The present requirement of section 5 (a) (3) that funds payable to withdrawing members be distributed as each $200,000 accumulates is repealed. Effect of provision

As was pointed out by the Secretary of the Interior (letter of Jan. 13, 1958, supra, p. 6), a distribution as each $200,000 accumulates, will tend to cause a dissipation of the funds and to interfere with the establishment of guardianships. Since it is estimated that well over 1,000 members will elect to withdraw, it can be deduced that each such person will receive well under $200 at each distribution. A person will more readily spend such a small sum as compared to the estimated total of $50,000 which he will receive. Furthermore, it may not be expedient, as concerns fees, to appoint a guardian to administer a $200 or lesser estate.

SECTION 5. SUMMARY OF PROVISION

A member who withdraws from the tribe and desires to purchase any units which are offered for sale under the act may apply to the purchase price thereof up to 100 percent of the amount estimated to be due him from the sale of forest or marsh lands, and up to 75 percent of the amount due him from the conversion of his interest in other tribal land. Effect of provision

Under present law a member of the tribe has a preference right to buy any tribal property which is offered for sale in order to pay off withdrawing members. He must buy same in the unit offered and for not less than the highest offer received by competitive bid. The present law permits him to apply any or all of the sum due him from conversion of his interest in all tribal property.

S. 3051 spells out the precise manner in which he may apply the amounts due him, giving a slight preference to the funds due him from forest and marsh lands.

CHRONOLOGICAL RECORD OF INFORMATIONAL MEETINGS WITH TRIBAL MEMBERS AND

OF INFORMATION MADE AVAILABLE TO TRIBAL MEMBERS REGARDING TERMINATION PROCEEDINGS

December 21, 1954: Management Specialists met with the executive committee to familiarize members of the committee with the background, qualifications, and attitudes of the Management Specialists.

March 16, 1955: Portland meeting with the executive committee, Bureau officials, Thomas Reid and J. C. O'Neill, re i general termination problems.

98089—58-pt. 220

April 11, 1955 : News release to the Herald and News regarding meetings held in Washington, D. C., with reference to the proposed contract between the Secretary of the Interior and the Management Specialists.

May 1955: Volume 1, issue I, of the Klamath Educational News released from the education office, Chiloquin, Oreg.

June 16, 1955: Report of the Management Specialists to the general council meeting held at Klamath Agency.

July 2, 1955: Portland meeting regarding appraisal specifications with area office personnel and forestry consultants.

August 11, 1955: Management Specialists meeting with the executive committee regarding appraisal specifications.

August 15, 1955 : Volume 1, issue II, of the Klamath Educational News released from the Education Office, Chiloquin, Oreg.

August 30, 1955: Meeting with Mr. Wade Crawford and Mr. Lawrence Witt. Management Specialists present: Watters Favell and Phillips. Visitors: Mr. Wilcox and Mrs. Crawford.

November 12, 1955: Timber sales policy hearing held in Klamath Falls with Management Specialists and E. R. Wilcox, forest manager, Klamath Agency, Oreg., attending.

January 16, 1956: Management Specialists met with the executive committee with reference to awarding of the appraisal contract to Western Timber Services.

January 19, 1956: Management Specialists met with the executive committee to discuss the proposed management plans prepared by the Stanford Research Institute. The final draft of the attitude survey conducted by Stanford Research was also discussed briefly at this meeting.

January 13, 1956: News Bulletin No. 1 prepared by the Management Specialists was mailed to all adult tribal members.

January 20, 1956: Management Specialists attended a meeting at the superintendent's office at Klamath Agency concerning guardianships. Area office personnel and Klamath Agency personnel also attended.

February 10, 1956: Management Specialists attended a meeting at the Portland area office concerning guardianships. Present: Executive committee, area office personnel and Education Office personnel.

February 24, 1956: Management Specialists met with the executive committee and staff personnel of Stanford Research Institute to discuss the findings of the mineral resources survey conducted by Stanford Research Institute.

March 12, 1956: Management Specialists met with the executive committee to discuss proposed timber sales for continuing per capita payments for those persons who would choose to remain.

March 19, 1956: The executive committee met to discuss possible organizational plans as prepared by the firm of Hart, Spencer, McCulloch, Rockwood & Davies.

March 26, 1956: Mr. W. Wiest met with the executive committee to discuss Mr. W. L. Phillips resignation and proposed amendments to Public Law 587.

March 28, 1956 : Meeting held in Portland, Oreg., with Mr. Raymond Davis, assistant to Secretary Mckay, and Mr. Thomas M. Reid. General discussions of termination problems.

April 6, 1956: Management Specialists met with the executive committee and Mr. Glenn Wilkinson to discuss proposed amendments to Public Law 587.

April 11, 1956: Memorandum concerning Bureau policy for section 15, Klamath Act of August 13, 1954, Public Law 587, to all concerned, from Don C. Foster, area director. This memorandum made available at Klamath Agency.

April 16, 1956: Management Specialists met with the executive committee to discuss guardianships.

April 23, 1956: Management Specialists met with the executive committee and Klamath Agency personnel regarding cinder pit sites for roads requested by the Klamath Agency office. General termination problems were also discussed.

May 1956: Meetings held in Washington, D. C. Schedule of these meetings, May 16, 17 and 18, is in general meetings file for 1956.

May 3, 1956 : General council meeting held at Klamath Agency. Attended by Mr. Earle Wilcox and Mr. W. A. Wiest of the Management Specialists office. Mr. Wilcox discussed the need for further sales of tribal timber for about 10 minutes.

May 10, 1956: Scheduled meeting with the executive committee did not meet officially because of lack of quorum. Four members attended and termination problems were discussed.

May 23, 1956: Mr. W. Wiest attended a meeting of the executive committee with the Klamath County court regarding hunting and fishing rights of the Klamath Indians.

June 4, 1956: Meeting with the executive committee to discuss the need for stopgap amendment.

June 9, 1956: Management Specialists representative attended a general council meeting.

June 14, 1956: Mailed to all adult tribal members together with a letter of transmittal, a report of the Management Specialists to the general council of June 9, 1956, together with a copy of proposed resolution concerning Federal purchase of tribal property.

June 15, 1956: Memorandum to all concerned from Don C. Foster, area director, concerning informational release made available through Klamath Agency Office.

June 18, 1956: Meeting with the executive committee. Most of the proceedings concerned general problems and progress. Need for stopgap amendment also discussed.

June 26, 1956: Meeting with the executive committee, Mr. Foster and Mr. Skarra. Mr. Fred Baker, an attorney, also attended. Main topic of this meeting was the appraisal of tribal mineral values.

July 9, 1956: Meeting with the executive committee and Mr. William Beatty of the Stanford Research Institute to explain the SRI report on minerals. Mr. Wilcox also explained the tentative conception of a basic management area to be used as the basis for the proposed plan of management.

July 12, 1956: Meeting with the executive committee. Principal topic was the need for additional contract sales of tribal timber and general planning for such sales was undertaken during this meeting. Presented to the executive committee members in attendance were copies of a memorandum relating to the basic management area for the tentative plan of management.

July 23, 1956: Scheduled executive committee meeting did not meet officially because of lack of a quorum. Members who were present spent considerable time discussing general termination problems.

August 27, 1956: Meeting with the executive committee to discuss progress on appraisal work and also the need for amendments to Public Law 587. Representative Sam Coon attended the meeting.

September 5, 1956: Meeting with Senator Watkins and Mr. Jex in Salt Lake City. (Not related to general information to tribal members.)

September 27, 1956: Meeting of the Council of Oregon Churches in Salem. This meeting was attended by several tribal members including Wade Crawford, Mrs. Poitras, Dibbon Cook, Seldon Kirk and others. (Not generally related to information program for tribal members.)

October 9, 1956: Messrs. Favell, Wilcox, and Wiest met with the executive committee to discuss the plan of action for Senate committee hearings set for October 18, 1956. Retention of water and mineral rights by tribal members were discussed together with presentation made at Oregon Council of Churches.

October 18, 1956: Senate Subcommittee on Interior and Insular Affairs hearing. The Management Specialists had been asked to submit a report of progress to this hearing which they did.

October 22, 1956: Meeting with the executive committee for the purpose of discussing actions taken by the Association of Oregon Counties.

October 29, 1956: Meeting with Commissioner at Portland, Oreg. This meeting was attended by a fairly large representation of tribal members, including all of the executive committee.

November 9, 1956: Statements of T. B. Watters, E. G. Favell, and E. R. Wilcox were read by them at the community meeting held in Beatty, Oreg. This meeting was widely publicized and attended by only 5 or 6 adults other than the executive committee members who were at that time holding weekly meetings regarding progress under Public Law 587 with the Management Specialists.

November 21, 1956: Management Specialists attended a meeting of the executive committee with Commissioner Emmons to discuss general progress and termination problems.

November 30, 1956: Meeting was held with Klamath and Lake County courts to discuss action taken by Association of Oregon Counties.

December 17, 1956: Meeting of the executive committee attended by Management Specialists and Mr. Wilcox in Portland area office to discuss general termination problems.

December 19, 1956: Meeting held with court members of district 2 of the Association of Oregon Counties. Mr. Jesse Kirk and Mr. Wernie Foster, members of the executive committee were also in attendance.

January 10, 1957: Meeting of the executive committee in which they tried to have State Representatives Kerbow and Yancey present, but they had prior commitments so could not attend. General termination problems were discussed.

January 14, 1957: Meeting with the executive committee, representative of Klamath County Bar Association and Attorney Glenn A. Wilkinson. Subject of the meeting was special guardianship fees as submitted by the local bar association.

January 31, 1957: Meeting with the executive committee to discuss trip to Washington, D. C., hearings to be held February 11, and 12.

February 25, 1957 : Management Specialists attended a meeting of the executive committee to discuss hearings that the Management Specialists attended in Washington, D. C., during weeks of February 11, 1957, and February 18, 1957.

February 26, 1957: Portland meeting with personnel of the First National Bank of Portland to discuss the tentative-management plan preparation. In attendance at this meeting were: Messrs. Watters, Favell, and Wilcox of the Management Specialists; Messrs. Tillison, Dolson, Walsh, Erickson, and Harmon of the First National Bank of Portland ; Mr. Frederick H. Torp, legal counsel for the Management Specialists; and Messrs. Foster and Holm of the Portland area office, Bureau of Indian Affairs.

March 6, 1957 : Meeting of tribal members held by Adult Indian Education Office at Klamath Falls YMCA. Mr. Wilcox and Mr. Wiest attended on behalf of the Management Specialists.

March 7, 1957: Meeting of tribal members at Williamson River Church. Mr. Wilcox and Mr. Wiest of the Management Specialists office attended.

March 26, 1957: Meeting with the executive committee to discuss informational release concerning about which we had met previously with the State department of education.

April 3, 1957: Management Specialists attended a meeting at Portland, Oreg., with trust officers of the United States National Bank of Portland to discuss the setting up of a proposed management plan for the members who would elect to remain in the tribe. Present for this meeting were: Messrs. Stover and Bradshaw of the United States bank; personnel from the area office, Bureau of Indian Affairs; and Messrs. Torp and Hazard, legal counsel for the Management Spe cialists.

April 10, 1957: Meeting with members of the Klamath Indian Tribe held by education department in Klamath Falls YMCA. Meeting was attended by Mr, Wilcox and Mr. Wiest.

April 15, 1957: Advance information bulletin for members of the Klamath Indian Tribe was prepared jointly by the Management Specialists, Bureau of Indian Affairs, and the Klamath education program. Personal contact was made with the local tribal members by the personnel of the Klamath education program and the Management Specialists at which times these bulletins were distributed to the tribal members and the full scope of Public Law 587 was discussed with each tribal member and any questions asked were answered to give the tribal member a complete understanding of the problems involved in termination. Following each of these personal contacts the interviewer filled out a data sheet. which information was later transferred to cards on file in the office of the Management Specialists. This personal contact program was carried out by the two organizations over a period of several months and many questions were asked and answered.

April 25, 1957: Meeting with the executive committee. Discussions included appraisal programs, management plans, and so forth.

June 19, 1957: Meeting held with the executive committee, Committee members were given copies of summary of the plan of management and most of the meeting was devoted to discussions of this plan.

July 11, 1957: Meeting with the executive committee during the afternoon concerning the management plan. Evening meeting was held with Klamath discussion group at Williamson River Church. This tribal meeting was organized by Mrs. Jiminez and about 15 tribal members were in attendance. After Mr. and Mrs. Wade Crawford made their appearances the meeting ended in a verbal battle. After the meeting had been officially adjourned Mrs. Jiminez mentioned that she felt that future meetings should be held with the Management Specialists so that tribal members could gain knowledge concerning termination problems. The Management Specialists agreed to attend any group tribal meeting to which they could lend any assistance in informing the tribal members.

August 8, 1957: Discussion group meeting. Chairman, Mrs. Jiminez; Mrs. Weist, Management Specialist representative and approximately 35 tribal members were in attendance. General termination problems were discussed.

August 22, 1957: Meeting with the executive committee in which appraisal progress and the management plan were discussed.

« ZurückWeiter »