1960-09-01 Char-Koosta News

              CHAR-KOOSTA
PUBLISHED tf CONFEDERATED SALI5H AND KOOTENAI TRIBES, FLATHEAD AGENCY, MONT.
Vol. 4 — No. 5_September - October, 1960
Morigeaux Writes of FPC License 5
This is the second article of the history pertinent to the tribe of the Tribal power site known as F. P. C. License No. 5 Kerr Dam, Montana.
It has always been the opinion of Indian Tribes, as well as it being my opinion that the Indian Bureau was established by Congress to guarantee protection to Indian Treaty Tribes in the U. S. It is my opinion, also the opinion of other Indian members of this tribe, that this protecSion by the Bureau to this tribe in the negotiations for license to Rocky Mountain Power Company that the tribe did not necessarily receive protection that they should have from the Bureau in negotiating this 50 year lease. The tribe was not incorporated in 1930. but we did incorporate, under the act of ¿934, and never had a voice in any negotiations to reguiate the uses *>t our property or did we have the power to prevent disposition of our assets until we were incorporated.
In the Flathead River Power Development Docket, compiled in 1930, commonly known as the Scattergood Report because Mr. Scattergood was the Indian Commissioner at that time. He sat in on ithe Field Hearing that lasted 7 or 8 days jhcre on the Flathead Indian Reservation in 1930. There were several departments and commissions which took part in the hearings—such as the Army Engnieers, Bureau of Reclamation, Federal Power Commission staff, a representative of the Department of the Interior and staff, and also a representative of the Rocky Mountain Company, also Montana Power Company who was then a subsidiary of Montana Power Company.
As the hearings progressed there was a considerable amount of field work that was reported for the benefit of the Federal Power Commission—things such as horse power-installed, height of dam, tunnels, substation, size and capacity of each generator, regulation of the reservoir, which in this project is Flathead Lake.
It appeared in the early negotiations that there were only two interests to satisfy—the tribe and Montana Power Company. The tribe is sole owner of the site plus the fact that the tribe owns the south one half of Flathead Lake, and Indian tribes can exploit river and lake beds to their highest and best use including power development as provided for under Section 10E of the Federal Water Power Act of 1920. The original license authorized two 56,000 K.W. generators which would have to have a good return on their investment over a period of years.
The Scattergood Report, will show that the power company could have paid the tribe $3.41 per installed horse power abased on the 1927 low water year as 'rental to the tribe for the site. This would make a payment of $525,140.00 per year as rental to the tribe for the site. This would make a payment of $525,140.00 per year for two generators or 150,000 horse power out of the orginal 1930 li-
cense. This would have been the payment received by the tribe if there was not an Irrigation Project claiming interests in the site. That payment would have made a good business proposition for the tribe as rental of the tribal site; but the payment based on horse power was not used, as it appeared that as long as the project was constructed in the state of Montana, the public was entitled to a share in the project returns. As I have stated earlier, the tribe never had a voice in the negotiations of 1930, so we could not voice our opiniin in opposing the split that the public received from the tribe's $3.41 per installed H.P.
It would now appear that as long as the Bureau would allow the public to receive one half of the tribe's share, the tribe should still receive $1.70V6 per installed horse power which would total $262,570.00 per year for the site.
But the alarming facts are that there were still other interests that claimed rights in the site. There was the special public which composed the people in the Flathead Irrigation Project who claimed equitable rights due to the construction of the Newell Tunnel that was started but never finished when the Power company received the license for the site, the power company paid $111,000.00 to the benefit of the Irrigation Project for the annual construction. This should had in the tribal site. But the fact was have been payment in full for all interests that the Flahead Irrigation Project received as much as the tribe did from the tribal site.
The Bureau of Indian Affairs administered the Flathead Irrigation Project and allowed the Federal Power Commission to incorporate this into the original license—a block of power comprising 15000 horse power at the expense of the Flathead Tribe.
In the April and May issues of Char% Koosta just prior to this issue. I promised the readers that I would give them the facts on how the tribe received 25 per cent rental benefits from this tribal site that we own 100 per cent of.
Now take the Montana Power Company, the licensee of the project, they must have a fair return on their investment. It was then calculated that if the tribe received $3.41 per installed horse power, the power company would still make a good profit from the power site.
Now, there were four interests in the site—they were the tribe, Montana Power Company, the public of the state of Montana, and the special public comprising the people in the Irrigation Project. The fact was the tribe's annual rental which is now $175,000.00 for the site, not the $525,140.00 that was originally calculated with all of the Federal Agencies and Commissions that took part in figuring out what we should have received.
The three interests other than the power company received equal benefits. Each
Christmas Tree Cutting Rules Same as Last Year
The Forestry Branch reports that Christmas tree cutting will be carried on the same as in the past—no areas will be closed. The opening date for cutting is tentatively set for October 10> The cutting and buyer permits were available during the weelc of October 3 to 7 inclusive.
This year the Tribal Council set a minimum of $2.00 a bale to buyers, $.60 per bale for stumpage and $20.00 for each buyer's permit.
There will be extra Christmas tree inspectors on this year. The men will be appointed by the Forestry Department officials and the men appointed will probably be men who previously worked for the Forestry Department.
Jubilee Mass For Fr. Taelman
By Walter McDonald
On September 2?th a Holy Jubilee Mass was celebrated for Father Louis Taelman, S. J. of St. Ignatius commemorating a Jubilee in thanksgiving to God for his 75 years in the Society of Jesus, 1885 - 1960. To many of us and especially the full blood Indians, words cannot express the appreciation for the spiritual service and guidance that the very Reverend Father Taelman has given us.
We offer our prayers as a conribu-tion to the faithful man who went through so many years to work as an aspostle of God that we may achieve our successful goal.
Harry L. Bonser Passes Away
(Editor's Note: Those who were acquaint, with Harry Bonser will recall that he played baseball years ago on the Flathead. In later years Harry displayed his musical talent by teaching music throughout the reservation.
Although Mr. Bonser was not a Flathead, we share our sympathy with his survivors. This clipping was sent to your editor by his daughter, Mildred B. Ger-ber, who is a member of the Flathead tribe and lives at Pine Ridge, South Dakota.)
Harry Houston Bonser passed away of a heart atack at his home in Sacramento, Calif., on August 13, 1960. He was born at Rosebul, So. Dak., in Dec. 1896 and attended Pipestone, Minn., Indian school.
Attending Carlisle, Penn., high school through the years of its greatest fame, 1910 to 1914, Mr Bonser played in the band and took a major course in music under Claude Maxwell Stuffer, head of that department. As a band member he saw most of the Eastern states, while accompanying the noted Carlisle football eleven, featuring Jim Thorpe, who was a classmate.
company received equal benefits. Each received $1,132/3 per horse power.
I will give you readers more facts about Kerr Dam history in the next issue of Char-Koosta.
E. W. Morigeau,
Yours Sincerely,
Chairman of the Tribal Council