zichlinsky_dh2.doc

June 27, 2000

FIA FED EX

Marlene Zichlinsky
Attorney Advisor
U.S. Department of Interior
Office of the Solicitor
500 NE Multnomah, Suite 607
Portland, OR 97232

RE: Abandonment of the Camas Prairie Grangeville Line

Dear Marlene,

In my letter to you dated June 9, 2000, I inquired whether the Nez Perce Tribe or the Department of Interior agrees with Camas Prairie RailNet’s assertion that it owns 78.5% of the railroad right-of-way (ROW) from Spalding to Grangeville, Idaho. Of particular interest to me was the first 47 miles of the 66.8 mile rail line that is located within the boundaries of the Nez Perce Indian Reservation.

Last week, I finally received legible copies of the Railroad’s track valuation map. Each map page has a “Schedule of Property” which purports to show the original source of the ROW by parcel number, the grantor and the grantee. In other words, the Schedule indicates how and when the Railroad obtained its ROW across the Reservation. Enclosed for your review and information are two of the Schedule of Property legends from the first two parcel maps.

You will note that many of the property instruments are not “recorded” but are held by the Department of Interior. For example, parcel No. 1 on page V-7 (1) (highlighted) indicates that Mary Campbell granted .83 acres of land to the Railroad but the documents are recorded in the “Records of the Sec’ry of the Interior.” Does this mean that the Secretary of Interior is holding the records “in trust” for tribal members? How may I quickly obtain copies of the parcel documents being held by the Secretary of the Interior? As illustrated in just the first two pages of the track valuation maps, most of the documents regarding the ROW traversing the Reservation are held by the Secretary.

The deadline for filing comments regarding ownership of the ROW across the Reservation is July 7, 2000. Comments must be filed with the U.S. Surface Transportation Board in Washington, D.C. Consequently, time is of the essence in determining whether the Secretary or other appropriate office(s) have these records. I would greatly appreciate it if you could call me at [phone] to discuss this matter.

Sincerely yours,

Donald L. Howell, II
Deputy Attorney General

Enclosure

cc: Rick Eichstaedt, NPT

bls/L:zichlinsky_dh
Marlene Zichlinsky
June 27, 2000
Page 2 of 2

1

2