Eichstaedt_dh.doc

June 22, 2000

VIA FACSIMILE

Rick Eichstaedt, Deputy Counsel
Nez Perce Tribe
PO Box 305
Lapwai, ID 83540

Re: Camas Prairie ROW Across the Tribe’s Reservation

Dear Rick:

Attached for your review is my draft letter to Marlene Zichlinsky in Portland. I have also sent you copies of the “schedule of property” from the first two pages of the track evaluation maps. These schedules show how the Railroad originally obtained its right-of-way across the Reservation.

As I mentioned in Marlene’s letter, there are many instances that the recorded documents for transfer of the right-of-way are recorded in the “Records of the Secretary of the Interior.” I don’t know whether it is appropriate to infer that this notation means that the Secretary was holding these documents “in trust” or whether the Secretary was merely “holding” the documents. I also don’t know what kind of instrument (column 3) a “Schedule of Damages” is. You will also note on the second “schedule of property” that several of the grantor(s) appear to be spelled phonetically like “Jamas To-We-Kin.”

Thanks again for taking a look at this. Please call me with your comments and suggestions at [phone].

Sincerely yours,

Donald L. Howell, II
Deputy Attorney General

Attachments

Vld/L:Eichstaedt _dh