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1103425
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Recognition Policy
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1103425
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Recognition Policy
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Bradley H. Patterson Files (Ford Administration)
Bradley Patterson's Native American Programs Files
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Indians of North America
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1976-12-01
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The original documents are located in Box 5, folder "Recognition Policy" of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 5 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library MEMORANDUM OF CALL TO: BRAd YOU WERE CALLED BY- YOU WERE VISITED BY- Louise Reznik OF (Organization) Michigan Comm. ON INd. AFF. PHONE NO. PLEASE CALL CODE/EXT. WILL CALL AGAIN IS. WAITING TO SEE YOU RETURNED YOUR CALL WISHES AN APPOINTMENT MESSAGE Mr. Jhorne's office 872-8550 8550 RECEIVED BY DATE TIME STANDARD FORM 63 GPO : 1969-c48-16-80341-1 382-389 63-108 REVISED AUGUST 1967 GSA FPMR (41 CFR) 101-11.6 Recognition THE WHITE HOUSE WASHINGTON Preor to 1973, fractice servers recognize was for r nuch take Sery loud / to RA nite provide bord GA saip depends on the FO or the statute. in what the Treaty says, Even -07 Fallow Riservation appropriation hertoy - as Doobt Opine Unitate to BIA 11 Indian Community 11 Jmee DO asa standard SQUATIN ISLAND CRIBE Route 1, Box 257 Shelton, Washington 98584 Florence Sigo - Chairman Wesley Whitener Treasurer Robert Whitener . Vice Chairman Calvin J. Peters Business Manager Calvin J. Peters - Secretary Dewey Sigo Council Member RESOLUTION NO. 74-44 of the GERALD FORD (13R49) SQUAXIN ISLAND TRIBAL COUNCIL WHEREAS, the Squaxin Island Tribal Council is the Governing body of the Squaxin Island Indian Reservation by authority of the Constitution and By-Laws of the Squaxin Island Tribe as approved or July 8, 1965, by the Secretary of the Interior, and WHEREAS, the Squaxin Island Tribe has applied for and received a loan through the Indian Finance Act, agreement No. 1, Contract No. 14-20- 0500-4279, between the United States Government and the Squaxin Island Tribe in the amount of $35,000, and WHEREAS, this amount is currently deposited in the Tribes I.I.M. account with the Western Washington Agency, Bureau of Indian Affairs, account No. S -374, and WHEREAS, $30,000 of this amount is for the purchase of the Kamilche Valley School property and buildings, and WHEREAS, the remaining $ 5,000 is for the renovation of the existing facilities, and WHEREAS, the Squaxin Island Tribe acknowledges the existing lease between Shelton Public Schools, Consolidated District No. 309, and the Kemilche Valley Volunteer Fire Department, and WIEREAS, the Squaxin Island Tribe has been advised to complete a "Qui t Claim Deed" in lieu of a Warrenty Deed to complete the purchase transaction. NOW THEREFORE BE IT RESOLVED, that the Squaxin Island Tribal Council does hereby authorize the withdrawal of $30,000 from its I.I.M. account No. S-374 for the purchase of the Kamilche Valley School property and fucilities, to be assigned directly to the Shelton Public School Consolidated District No. 309 so that said property can be taken directly into trust by the United States Government and the withdrawal of the remaining $ 5,000 for the renovation of the existing facilities, as well as any and all interest accumulated by the $35,000 while secured in I.I.M. account No. S-374 and that this amount be assigned directly to the Tribal Treasurer, Alene Whitener, and BE IT FURTHER RESOLVED, that the Squaxin Island Tribe shall honor the existing lease with the Kamilche Valley Volunteer Fire Department and that said lease shall be assigned to the Tribe upon purchase completion, and BE IT FURTHER RESOLVED, that the Squaxin Island Tribal Council shall authorize certain Council members to present to the Shelton Public School Consolidated District No. 309 a Quit Claim Deed for the transfer of points of instruction found in the November 29, 1974, letter from S.A. Lozar, Superintendent, Western Washington Agency, Bureau of Indian Affairs. CERTIFICATION The foregoing Resolution was adopted at a regular meeting of the Squaxin Island Tribal Council, held on December 9, 1974, at which time a quorum of Council Members were present and was passed by a vote of 4 for and 0 against. Sign Florence Sigo, Chairman Squaxin Island Tribal Council Cahina Calvin J. Peters, Secretary Rohre Whiters Robert Whitener, Vice-Chairman Squaxin Island Tribal Council Squaxin Island Tribal Council I certify that this resolution has been approved by an official of the Squaxin Island Tribe who is duly authorized by the Tribe to cause disbursements from this account. Superintendent, Western Washington Agency December 18, 1974 (wit, (E.D. OF United Scates Department of the Interior Credit BUREAU OF INDIAN AFFAIRS 3. WASHINGTON. D. C. 20245 IN REPLY REFER TO: Financial Assistance Memorandum NOV 21 1974 To: Portland Area Director From: Commissioner of Indian Affairs Subject: Allotment of Revolving Credit Funds We are processing an allotment in the amount of $35,000 to the Squaxin Island Tribe under Loan Contract No. 14-20-0500-4279, Agreement No. 1. The funds are for the purchase of the Kamilche Valley School and related acreage, which will be used as a tribal center. The advance shall be repayable in 25 annual installments of $1,400 plus interest beginning November 15, 1975 and continuing through November 15, 1999. Interest will be at 81/2 percent per annum and payable annually. Please forward to the Central Office a copy of the promissory note as soon as possible for our files. Monis Thompson BUREAU OF RECEIVED INDIAN AFFAIRS NOV 25 1974 FORTLAND CONSERVE AMERICA'S ENERGY Save Energy and You Serve America! UNITED STATES No. 279 FORM 5-4101 DEPARTMENT OF THE INTERIOR Dec. 1969 Bureau of Indian Affairs Date November 14, 1974 ADVICE OF ALLOTMENT Revision P.78 Copies: To Area Director Division of Budget C. 0. Controls Unit No. 14-20 - POO 1374 370 Unit Name Portland Area Office Appropriation Symbol and Title 14X4409 Revolving Fund for Loans, Bureau of Indian Affairs (TRIBE) AMOUNT ALLOTTED ACCOUNT DESCRIPTION AND TITLE NO. Increase Decrease 1300 Loans $35,000 Total $35,000 Remarks: Allotment of funds for the Squaxin Island Tribe under terms of Contract 14-20-0500-4279, Agreement No. 1. Apportionment by quarters (Fiscal Year 19 ): Previous Present $ $ 1st quarter 2nd quarter 3rd quarter 4th quarter Total availability, including $ reimbursements $ $ Approved by: Katherine B. Heneby Katherine B. Henebry Approved: (Date) NOV ; 1974 Implementation Process Coordinator Chief. Division of Budget squi AIN ISLAND RIBE Route 1, Box 257 Shelton, Washington 98584 Florence Sigo - Chairman Wesley Whitener - Treasurer Robert Whitener . Vice Chairman Calvin J. Peters - Business Manager Calvin J. Peters - Secretary Dewey Sigo - Council Member RESOLUTION NO 74-29 of the SQUAXIN ISLAND TRIBAL COUNCIL WHEREAS, the Squaxin Island Tribal Council is the duly constituted governing body of the Squaxin Island Indian Reservation by authority of the Constitution and By-Laws of the Squaxin Island Tribe as approved on July 8, 1965, by the Secretary of the Interior, and WHEREAS, the Squaxin Island Tribal Council filed a loan application with the United States for $35,000 to purchase and renovate the Kamilche Valley School building, the land on which it is located and related buildings for use by the Tribe as a tribal headquarters and center for conducting economic development activities, and WHEREAS, the loan was approved conditionally on October 17, 1974 by the Bureau of Indian Affairs Portland Area Office and the eight conditions of approval require acceptance by the Squaxin Island Tribal Council before the loan funds can be advanced. NOW THEREFORE BE IT RESOLVED, that the Squaxin Island Tribal Council has reviewed the conditions of approval set forth in the Commitment Order dated October 17, 1974, and by action of the Council does hereby accept these conditions of approval for the $35,000 loan from the United States. CERTIFICATION The foregoing resolution was adopted at a special mecting of the Squaxin Island Tribal Council held on October 29, 1974 at which time a quorum of council members were present and was passed by a vote of 4 for and 0 opposed. Whene Florence Sigo, Chairman Squaxin Island Tribal Council Atteste Calois Calvin Peters, Secretary TABLE OF CONTENTS Page Application for Loan 1 Exhibit A - - Amount and Purpose of Loan 2 Exhibit B - - Statement Regarding Organization Papers 3 Exhibit C - - Officers, Squaxin Island Tribe 4 Exhibit D - - Certified Copy of Resolution 5 Exhibit E - - Financial Statement, Tribal Activities 7 Exhibit F - - Justification for Loan 10 Exhibit G - - Procedures for Handling the Loan 12 Exhibit H - Securing Documents 13 Exhibit I - - Letters of Rejection 15 Exhibit J - - Letter of Agreement with School Board 17 Exhibit K - - Appraisal of School Property 19 Exhibit L Business Plan for Squaxin Sea Farm 27 Removed Salmon Farm by P.A.O. Exhibit M - - Project Plan for Squaxin Island Tribal Center - Kamilche 46 Pora 5-4737 Agreement No. January 1972 1 Contract No. UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Division of Credit and Financing APPLICATION OF INDIAN TRIBE, CREDIT ASSOCIATION, COOPERATIVE ASSOCIATION OR OTHER ORGANIZATION FOR LOAN OF REVOLVING FUNDS FROM THE UNITED STATES (DISTRIBUTION: Original for Bureau Accounting Office and copies for borrower, Central Office, Area Office and Agency. Name of Applicant (hereafter called ''Applicant'') Squaxin Island Tribe Address Route I, Box 257 Shelton, Washington 98584 The applicant, acting through its officers as authorized by a resolution adopted by its governing body, copy of which is attached hereto as Exhibit D and made a part hereof. applies for a loan from the United States pursuant to 25 CFR 91 in the amount shown in Exhibit A. If this application or any part of it is approved. any loan agreement resulting therefrom will be subject: (a) To the regulations in 25 CFR 91 including amendments thereto and revisions thereof and (b) to applicable instructions of the Commissioner of Indian Affairs in Volume 4, Part 7 of the Bureau of Indian Affairs Manual. including amendments thereto and revisions thereof. except as otherwise authorized by the Commissioner of Indian Affairs. Said regulations and applicable instructions are made a part of this application to the same extent as if set forth in full herein. The applicant makes the following requests. statements and agreements: 1. The funds requested will be used only for the purposes set forth in Exhibit A attached hereto and made a part hereof. 2. Advances of funds are to be made at the request of the applicant, subject to the availability of funds. In the event the total amount for which the loan is approved is not advanced to the applicant within 2 years from the date of approval of the application, for any reason whatsoever. the commitment for the unadvanced amount will be canceled automatically, unless otherwise authorized by the Commissioner of Indian Affairs. 3. Repayment of each advance together with the rate of interest thereon will be determined by the Commissioner of Indian Affairs at the time the advance is made. A promissory note or notes providing for interest payable annually will be executed by the applicant as evidence of the funds advanced. 4. Title to all property purchased with funds obtained under this application will be taken either in the name of the applicant or in the name of the borrower from the applicant, unrestricted, unless otherwise authorized by the Commissioner of Indian Affairs. 5. The applicant avers that it has not paid, and is not and cannot be obligated to pay, any fees or charges in connection with the preparation. submittal, or consideration of this application, and that there are no suits, judgments, or other proceedings of any nature pending at this time which could result in a diminution of it's financial or property resources directly or indirectly (including attorney's fees or possible assessments of costs against it). except as specifically set forth in 6. The applicant agrees that failure to conform to the terms of its loan agreement, or to conduct its opera- tions in a sound manner. as determined by the Commissioner of Indian Affairs, will be grounds for any one or all of the steps authorized by 25 CFR 91.10 and 91.12 (d) to be taken at the option of the Commissioner of Indian Affairs or his authorized representative. 7. The applicant offers as security for the loan, the documents included in Exhibit H. It promises that during the time this application or any loan agreement resulting therefrom is in effect, it will not part with possession of the property described in these documents, nor convey, transfer, assign, pledge or otherwise obligate it. nor permit any liens or other charges which are levies against the property to remain unsatisfied or unpaid. without the written consent of the Commissioner of Indian Affairs or his authorized representative. Except as specifically stated in it warrants that any property described in these instruments is owned by it absolutely or is held in trust for it by the United States. is now in its possession, and is free from all liens, charges and encumbrances of any nature whatsoever. It further warrants that except as noted in it has good and lawful right to sell, mortgage, assign, encumber or convey any property described in the instruments, and that it will warrant and defend the title thereof against the claims and demands of anyone. Form 5-4737 January 1972 8. The following exhibits are attached hereto and made a part of this application. The applicant agrees to follow the provisions of these exhibits: EXHIBIT A. - Amount and purpose for which funds are requested. EXHIBIT B. - Statement regarding organization papers of the applicant. EXHIBIT C. - Statement showing names, titles, and addresses of applicant's officers; terms and dates of expira- tion of offices: and date and manner of election. EXHIBIT D. - Certified copy of the resolution of the governing body of the applicant authorizing the filing of the application. EXHIBIT E. - A financial statement showing all assets and liabilities of the applicant, and a statement of any special factors which might alter their present or future value in any way. EXHIBIT F. - A justification for the loan, including economic data. EXHIBIT G. - Procedures for handling the loan. EXHIBIT H. - Securing documents. (this exhibit may be omitted if there are no exceptions). Additional exhibits are identified as follows: EXHIBIT I - Letter of Rejection EXHIBIT J - Letter of Agreement with School Board EXHIBIT K - Appraisal of School Property EXHIBIT L - Business Plan for Squaxin Sea Farm - Salmon Farm EXHIBIT M - Project Plan for Squaxin Island Tribal Center 9. The applicant avers that to the best of its information and belief, all statements and representations made herein. and in the exhibits attached hereto, are correct statements of fact and fairly and accurately cover the true situation, and that it will promptly notify the Commissioner of Indian Affairs or his authorized representative of any material changes therein. 10. The undersigned officers of the applicant executing this application aver that they have full knowledge of the provisions of this application including the exhibits. The applicant signs its name and affixes its seal hereto, by its duly authorized officers. Date Name of Applicant August 29, 1974 Squaxin Island Tribe Signature of Authorized Officer Title Secretary Chairman ATTACH SEAL HERE (if any) Exhibit A AMOUNT AND PURPOSE OF LOAN The total amount of this loan shall be $35,000.00. The purpose of the loan is to provide financing in the amount of $30,000.00 to purchase the Kamilche Valley School and related property (3.91 acres). An amount of $5,000.00 of the loan will also be used for repair and renovation of the property as deemed necessary. The school building and property will be used by the Squaxin Island Tribe as a tribal headquarters, office accommodation, and tribal enterprise center that will promote the economic development of the Squaxin Island Tribe and its members. 2 Exhibit B STATEMENT REGARDING ORGANIZATION The Squaxin Island Tribe of the Squaxin Indian Reservation, Washington, operates under Constitution and By-Laws approved July 8, 1965, by the Secretary of the Interior, Washington, D. C. The Squaxin Island Tribe is organized under the 1. R. A. Act. Squaxin Island was designated as an Indian Reservation by the Medicine Creek Treaty of December 26, 1854. Squaxin Island is located in Mason County, five miles north of Olympia, Washington. The Island is slightly over four miles long and varies from somewhat over three tenths of a mile to almost nine tenths of a mile in width. Most of the Indian people who once lived on the Island have returned to the Skookum Inlet area (Kamilche) because of adverse living conditions. There is no electricity on the Island and no developed domestic water source. Furthermore, the Island may only be reached by boat, a condition which complicates the transportation of school children and working people, especially during the winter months. At the present time, no Indian people live year around on the Island, however, some families do spend time there in the summer months. The majority of the enrolled members of the Squaxin Island Tribe live in twenty-four homes in the Kamilche vicinity, a small community on the mainland, ten miles southwest of Squaxin Island. 3 Exhibit C OFFICERS - SQUAXIN INDIAN TRIBE NAME TITLE HOME ADDRESS TERM EXPIRES Florence Sigo Chairman Route 1, Box 389 June, 1975 Shelton, Wash. 98584 Robert Whitener Vice-Chairman Route 1, Box 275 June, 1975 Shelton, Wash. 98584 Calvin J. Peters Secretary 12902 Vickery Ave. E. June, 1975 Tacoma, Wash. 98446 Wesley Whitener Treasurer Route 1, Box 275 June, 1975 Shelton, Wash. 98584 Dewey Sigo Member Route 1, Box 389 June, 1975 Shelton, Wash. 98584 Council Members Elected by the General Membership at the Tribe's Annual Meeting of the Election Year which occurs every three years. 4 Exhibit D RESOLUTION NO. 74-19 OF THE SQUAXIN ISLAND TRIBAL COUNCIL WHEREAS, the Squaxin Island Tribal Council is the duly constituted governing body of the Squaxin Island Indian Reservation by authority of the Consti- tution and By-Laws of the Squaxin Island Tribe as approved on July 8, 1965, by the Secretary of the Interior, and WHEREAS, the Squaxin Island Tribal Counci! is charged with the welfare of the Squaxin Island Indian people, and WHEREAS, the Squaxin Island Tribal Council has determined that it is in the best interest of the Squaxin Island Tribe to acquire the property known as the Kamilche Valley School building, the land on which it is located, and related property, and WHEREAS, the Squaxin Island Tribe is in need of obtaining financing with which to purchase and renovate this property. NOW THEREFORE BE IT RESOLVED, that the Squaxin Island Tribal Council hereby authorizes the filing of an application. for a Revolving Credit Loan from the United States Government in the amount of $35,000.00 for the purpose of enabling the tribe to purchase and renovate the Kamilche Valley School building, the land on which it is located, and related property, and BE IT FURTHER RESOLVED, that the Squaxin Island Council authorizes the Chairman and/or the Vice-Chairman and Secretary to execute all documents necessary to finalize this transaction. FORD LIBRAR. SQUAXIN ISLAND COUNCIL Florence Sigo, Chairman Sign 5 Exhibit D THE FOREGOING RESOLUTION was adopted at a Regular, Special meeting of the Squaxin Island Tribal Council held on July 15, s 1974 at which time and quorum of Council members were present and was passed by and vote of 3 for and 0 opposed. DATED This 31 Day of July , 1974. Caloin Calvin J. Peters J.Delen Tribal Secretary 6 Exhibit ACCOUNTANT'S REPORT SQUAXIN ISLAND TRIBAL COUNCIL SHELTON, WASHINGTON (Field Work Completed November 4, 1973) We have examined the Cash Receipts and Disbursements of the Squaxin Island Tribal Council for the period July 1, 1972 through June 30, 1973. Our examination was conducted in accordance with generally ac- cepted auditing standards and included such tests of the accounting records considered necessary in the circumstances. In our opinion, the accompanying exhibits present fairly the cash balance at June 30, 1973, and the Receipts and Disbursements for the year then ended, in conformity with generally accepted accounting principles. COMMENTS The Tribe's records consisted of a Check Register for recording de- posits and checks written. It was noted that the Tribe has several programs being handled by other organizations; these were not ex- amined by the auditor. In a discussion with tribal officials it was suggested than an in- ventory, including a qualified appraisal, be taken of the Tribe's fixed assets; with this information and records of receivables and liabilities, it would be possible to determine the Tribe's financial position. Exhibit A SQUAXIN ISLAND TRIBAL COUNCIL STATEMENT OF CASH FUNDS ON DEPOSIT JULY 1, 1972 - JUNE 30, 1973 Cash balance July 1, 1972 $ 9,348.25 Add receipts, Exhibit B 25,792.98 Total Cash Available 35,141.23 Less cash expended, Exhibit B 24,281.23 Cash Balance June 30, 1973 $10,860.00 Deposited as follows at June 30, 1973 Tribe's General Checking Account $ 3,082.08 In Savings Account 1,357.13 In IIM Account 49.37 Grobond Certificate #35507 1,331.41 In U. S. Treasury 5,040.01 Total Cash on Deposit at June 30, 1973 $10,860.00 -X- 8 Exhibit B SQUAXIN ISLAND TRIBAL COUNCIL STATEMENT OF RECEIPTS AND DISBURSEMENTS JULY 1, 1972 - JUNE 30, 1973 Receipts Tribal Affairs Management Program $19,563.16 Summer Program - BIA 2,950.00 Summer Program - Olympia College 700.00 Survey Funds 440.00 Lease income 1,450.00 Interest income 400.64 Unidentified receipts 289.18 Total Receipts $25,792.98 Expenditures Tribal Manager 19,563.16 Telephone 23.00 Council per diem 350.00 Dues 62.50 Summer Program 3,631.25 Survey 440.00 Gas 60.75 Safety deposit box rental 7.50 General Meeting expense 60.00 Stamps (postage) 1.60 Advertisement 20.93 Adding machine purchase 62.87 Food for General Meeting 4.32 Charge for printed checks 5.35 Books purchased for Tribal Member 40.00 Total 24,333.23 Less Checks Voided (52.00) Total Expenditures 24,281.23 Net Receipts Over Disbursements $ 1,511.75 9 Exhibit F JUSTIFICATION FOR LOAN The Indian population of the Kamilche Village realized the need for establishing a facility to effectively deal with the affairs of their tribe. A physical facility with an adequate amount of floor space is necessary to insure the continuation of vital programs, reflective of a progressive Indian society. The opportunity to acquire such a structure then presented itself in the form of the Kamilche Valley School and property adjacent to the school (3.91 acres). The Kamilche Valley School had been used in the past for tribal affairs (i.e., Tribal Council meetings, General Council meetings, .), educational programs (i.e., summer school, adult Indian education, .), and recreation programs. During that use period we noted that the structure was well suited for the purposes and needs of the Tribe, both now and in the projected future. Today the Kamilche Valley School is being rented by the Squaxin Island Indian Tribe, and on June 28, 1974 our Business Office will move into the building. Not only is there room for our Business Office, there is room for our coming Manpower program, our proposed Squaxin Island Enterprises project, and our Low Rental Housing project. Then there is room left over for any other economic development programs, as prescribed by our Overall Economic Development Program. The Tribe's capacity for providing meaningful recreational outlets for its active youth would receive a substantial boost through the acquisition of the property adjacent to the school itself, which includes a soft-ball field, and playground equipment. 10 Exhibit F (Continued) In sum, the centralization of the various administrative units, to the projects now underway at Squaxin Island, would provide a more convenient and efficient operation in which to manage our Tribal affairs. The fact that this structure can serve as a community center only tends to increase its value to our tribe. Numerous applications by the Tribe for funding through grants or loans from various sources to purchase the Kamilche School property has met with no success. The Tribe is, therefore, submitting its application for a Revolving Credit Loan from the United States Government in the amount of $35,000.00. 11 Exhibit G. PROCEDURES FOR HANDLING THE LOAN It is the plan of the Squaxin Island Tribe of the Squaxin Island Indian Reservation to use the Secome Branch of the Seafirst Bank, Federal Way, Washington as a depository of funds. Repayment of the loan ($35,000.00) from the United States Government will be made over a thirty-year period in accordance with the following schedule: Annual principal payments of $1,166.00 plus accrued interest for the first ten years of the loan, then annual principal payments of $1,167.00 plus interest over the remaining 20-year term of the loan. 12 Mail to: Burcau of Indian Affairs 296308 130 1447 Federal Building Everett, Washington 93201 QUIT CLAIM DEED TRACT NUMBER 130-71109 124FR. 456 THE GRANTOR, SHELTON PUBLIC SCHOOL DISTRICT NO. 309, a municipal corporation, for and in consideration of THIRTY THOUSAND and no/100 ($30,000.00) DOLLARS, conveys and quit claims to THE UNITED STATES OF AMERICA IN TRUST FOR THE SQUAXIN ISLAND TRIBE of the Squaxin Island Indian Reservation, Washington, the following described real estate, situated in the County of Mason, State of Washington, including any after-acquired title: That portion of the SW½ of the SE½ of Section 18, Township 19 North, Range 3 West, Willamette Meridian, described as follows: Beginning at the Southeast corner of said SW½ of the SE%; thence North along the East line of said subdivision 560 feet; thence West parallel with the South line of said subdivision 224 feet, more or less, to the Southerly right of way line of Primary State Highway No. 9-D; thence Southwesterly along said right of way line 158 feet; Tract Book A Card Inh. Inc. thence South parallel with the East line of said subdivision 505 feet, more or less, to the South line of said subdivision; thence In: (Diti) 2/25/25 East along said South line 382 feet, more or less, to the Point of Beginning. This conveyance is made pursuant to the Act of June 18, 1934 (48 Stat. 984). IN WITNESS WHEREOF, said municipal corporation has caused this instru- ment to be executed by its proper officers and its corporate seal to be hereunto affixed this 11 dayaof green bar , 1974. RECEIVED OR SHELTON PUBLIC SCHOOL DISTRICT NO. 309 POR F 124 456 By Her In Radild 130 1447 Chairman of the Board No. By Lauis R. Kninnell WN. IL REAL 8 07 EXCISE '75 JAN 14 AM 9:35 Secretary EXEMP BR STATE OF WASHINGTON ) JAN 1419 TITLE RECORDS 'SS SAFECO TITLE COMPANY SECTIONNTY OFMASON) JOHN CO Treas., Co On this 11 day of Decen ber , 1974, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Comes M. Indian Dr and Louis R. Crinnell to me known to be the Chairman df the Board of Directors and Secretary, respectively of Shelton School District Zo. 309, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and thas ffixed is the corporate seal of said municipal corporation WITNESS my hand and hereto affixed the day and year first above written k. franklin 1 FEB NOTARY PUBLIC in and for the State of TITLE ACCEPTED Washington, residing at Shelton Jennith 3 Hadli 0 - X X SR Excersed Acting Assistant Area Director, Bortland Area Office Bureau of Indian Affairs Campany JSL - October 28, 1976 Dear Mr. Red Bird and Mr. Webber: The President has asked me to thank you for your letter of October 16. Recognition of Indianatribes not yet Federally recognized is a matter how under close review by the Solicitor of the Department of the Interior. A legal opinion is being prepared which will help establish criteria and standards for recognition action by the Secretary of the Interior. I am sending your letter promptly to Solicitor Austin so that he will be aware of the wishes of the Independent Cherokee Nation, and you will hear further from the Department when the Opinion is completed (it is almost done now). Sincerely yours, Bradley H.PPatterson, Jr. Chief Red Bird Chief Thunderbird Webber United Independent Cherokee Nation National Tribal Office FORD LIBRARY is 078838 418 Flint Avenue Albany, Georgia 31701 cy of file to Gred Austin Solicitor, DOI nov, 8, 1976 Rt2, Box 778 Bryson City North Cardina 28713 Dear Mr Bradley H. Pattersen Jr. d write to you in answere to letter recived Pon 29 of Oct. to write his back. Glad you people care smought I feest wanted to say that about a agreement l will what ever you want to do listen. He thank you from my people and hope we can it is to late, 2 work something out before United Independent Cherokee Nation War Chief Red Thank you OF United States Department of the Interior OFFICE OF THE SOLICITOR March 1849 WASHINGTON, D.C. 20240 IN REPLY REFER TO: NOV 11 1976 Mr. Thunderbird Webber Mr. Red Bird 418 Flint Avenue Albany, Georgia 31701 Dear Sirs: Mr. Bradley Patterson has forwarded to me a copy of your letter of October 16, 1976, to President Ford requesting that he recognize the United Cherokee Nation of Georgia and a copy of his response on behalf of the President. In your letter to President Ford, you have also asked that he give you land or money with which you could buy land. As Mr. Patterson indicated in his October 28 response, the Department of Interior has had the matter of "recognition" of Indian tribes under close review. There continues to be some disagreement among the various legal authorities as to what is meant by "recognition" of an Indian tribe, how that status is acquired, and what criteria should be used to determine whether that status exists. In short, I believe it will still be some time before the matter of "recognition" is resolved. As to your request that the Federal government set aside some land for your group, I can give you the following information. The only statute I know of which would authorize the Secretary of the Interior to take or set aside land in trust for Native Americans not already on a reservation is Section 5 of the Indian Reorganization Act of 1934 (25 U.S.C. § 465). In order to qualify for the benefits of this statute, Native Americans must come within the definition of "Indian" as set out in Section 19 of the act (25 U.S.C. § 479). We are not familiar with FORD -2- your group or its members and do not know whether you would qualify under this statute. If you were found to be eligible, then it would have to be determined whether land would be available for acquisition for you under Section 5. Moreover, even if you or your group were found eligible and land was available, the authority of the Secretary of the Interior to take land in trust for Native Americans is purely discretionary under the statute. I hope these comments have been of some help to you and when the Department issues an opinion on the subject of "recognition" I will see that you receive a copy. Sincerely yours, H. Gregory Austin Solicitor PORD LIBEAR & cc: Bradley H. Patterson BIA Code 440 (w/copy of incoming) SHIDLER, MCBROOM, GATES & BALDWIN LAW OFFICES (206) 223-4666 ROGER L. SHIDLER 1000 NORTON BUILDING GEORGE W. McBROOM WILLIAM H. GATES SEATTLE, WASHINGTON 98104 WILLIAM F. BALDWIN JAMES R. IRWIN JAMES C. MIDDLEBROOKS RICHARD B. DODD FREDERICK ROSS BOUNDY December 14, 1976 JAMES L. FLETCHER CRAIG V. WENTZ DAVID T. McDONALD PATRICIA J. PARKS DALE K. ROUNDY GARY D. HUFF WILLIAM A. BUTLER United States Department of the Interior Office of the Secretary Washington, D.C. 20240 Attention: Hugh C. Garner Deputy Solicitor Re: Squaxin Island Tribe/Status of Kamilche Property Dear Mr. Garner: This will acknowledge receipt of your letter of No- vember 22, 1976 regarding the status of tribal land of the Squaxin Island Reservation. Your first question concerns the history of the res- ervation. The island, now known as Squaxin Island, was re- served for the Squaxin Indians on December 26, 1854, by the Medicine Creek Treaty. The island is slightly over four miles long and varies from somewhat over one-fourth of a mile to almost three-fourths of a mile in width. The total acreage of the reservation is 1,978.86 acres, approximately 659 acres of which have been alienated to non-Indians. Although the Squaxin Indians are considered to be land based, none of them live permanently on the island. The island is accessible only by boat and seaplane, and there are no utilities available on the island, primarily because of poor drainage conditions with resultant difficulty in sewer construction. Your second question deals with the statutory author- ity under which the Kamilche tract was taken into trust for the tribe. With no settlement of the Squaxin Island Indians on the island itself, settlement has taken place throughout the Southern Puget Sound area with the major concentrations occurring in the small towns of Kamilche and Shelton, both of which are in Mason County and approximately 15 and eight miles respectively from the island. In mid-1974 the Squaxin Island Tribe made application directly to the Bureau of Indian Affairs FORD & The CRALD United States Department of the Interior December 14, 1976 Page Two for a loan under the Indian Finance Act (Agreement No. 1, Con- tract No. 14-20-0500-4279) for the acquisition of the property then owned by the Shelton Public School District. Copies of all pertinent loan application documents are enclosed. On December 11, 1974 the Shelton Public School District gave its quit claim deed to the United States of America in trust for the Squaxin Island Tribe. The precise language of the deed was approved by the Bureau of Indian Affairs, and expressly included the provision: "This conveyance is made pursuant to the Act of June 18, 1934 (48 Stat. 984) " Title was duly accepted by the Bureau of Indian Affairs in February of 1976. A copy of this deed is also enclosed. Apparently, the state of Washington is taking the position that 25 USC $467 requires a "proclamation" before an area can be considered an "Indian reservation" within the meaning of their Revenue Ruling 192, a copy of which is also enclosed. We are now attempting to convince the state that the language on the deed is itself sufficient to constitute a "proclamation" and we may ultimately be successful in this argument. However, in the event the state will not accept the language of the deed as controlling, we would require a proclamation as you have suggested in your letter of November 22. Incidentally, I should also state that the tract is apparently 3.91 acres, rather that the 2.5 acres previously referenced. Thank you very much for your assistance in this mat- ter. The Squaxin Island Tribal Council wishes me to thank you in advance on their behalf. Sincerely yours, F. Ross Boundy FRB:jw Enclosures United States Department of the Interior December 14, 1976 Page Three CC: United States Department of the Interior Bureau of Indian Affairs Washington, D.C. 20245 Attention: Ralph F. Keen, Acting Director Office of Trust Responsibilities Re: Rights Protection 202BCC05920 The Honorable Gerald R. Ford President of the United States White House Washington, D.C. Attention: Brad Patterson Assistant to the President on Indian Affairs Squaxin Island Tribal Council Commissioner of Indian Affairs Secretary of the Interior FORD LIBRAN & 07VH39