NOTE 4

1-4-78 Mr. Donlevy on

1-5-78 1-5-78

leave, will be back tomorrow.

9:15 a.m. Mr. Donlevy said all papers are put together but he was waiting for deeded land contract.

1-16-78 3:00 p.m. Mr. Donlevy is in a meeting.

1-30-78 Mr. Donlevy said papers aren't quite ready.

2-7-78 Mr. Donlevy said they would get the papers out by the middle or end of next week.

2-22-78 Mr. Donlevy not in but office girl would have him call back, but he never returned the call.

2-23-78 Mr. Donlevy said a couple of corrections had been made but he had to call Joe for verbal clearance.

3-1-78 Mr. Donlevy said that the office girl had the flu and that there was 20-25 pages to be typed and only one girl to do it, so they may get it out by the last of the week or first part of next week.

3-3-78

3-9-78

10:45 a.m. Mr. Donlevy said he would have the papers out
next Wed. or Thursday.

Office girl said Mr. Donlevy was out and would not be back
in until Monday.

3-10-78 Office girl said she couldn't find any papers and didn't know where they were.

3-14-78 Office girl said Mr. Donlevy was gone to Sacaton with Mr. JACKSON and that we would probably get the papers by Friday. 3-17-78 10:30 a.m. Mr. Donlevy was not in but she would have him

call back and when he did return the call, he said the papers weren't ready.

3-29-78 Mr. Donlevy said they would mail the papers today or tomorrow that the papers were on his desk ready to mail.

4-3-78 Mr. Donlevy was out and when he called back he said the papers were on his desk and they would mail them today.

4-5-78

I received the papers and called Mr. Donlevy back about the deeded land.

I have been in touch with the Bureau of Indian Affairs'
office in Phoenix in regards to the appraisal made of
your ranch property involved in the San Carlos Mineral
Strip.

Several points made by the Bureau of Indian Affairs
appear significant. I would certainly appreciate your
views on these should you wish to comment.

The BIA indicated that these appraisals were not made
by BIA employees but were made under a contract let
to Real Estate Science Corporation -- one of the larger
and more reputable real estate appraisal firms in the
Phoenix area. BIA also indicated that, as a result of
your expressed dissatisfaction with the value placed
on your property, they requested that the contractor
review the appraisal to see if any significant value
factors had been overlooked in the original appraisal
report. I understand that this review is now in
progress, but that it has not been completed at this
time. It is possible this review may alter the value
placed upon your property by the original appraisal.
I was also informed that, while you have clearly
indicated your own estimate of the value of your
property, there was not any verification or substan-
tiation of this value by independent real estate
appraisers. BIA informed me that they would give
careful consideration to an appraisal submitted to them
by a qualified appraiser of your choice.

Mr. Bundrick, Coolidge, Arizona

July 24, 1978

Page 2

I find myself in a very difficult position. While I am sympathetic with your position, it is difficult to find fault with the procedures that BIA has followed up to now. If the issue is, as it now appears to be, an honest difference of opinion over the value of the property, and your present negotiations are unsuccessful, the final decision may have to be resolved by the courts.

Sincerely,

Has Eldall

MORRIS K. UDALL
Chairman

Thank you for your correspondence of December 26 on behalf of Mr. E.H. Pundrick of Coolidge, Arizona regarding his concern about the valuation of his ranch on the San Carlos Mineral Strip.

Information that has been furnished this office by our Phoenix Area Office personnel familiar with I'r. Bundrick's complaints is that he has apparently misinterpreted some of the statements made to him and other ranchers on or adjacent to the Mineral Strip.

The private appraisal firm, Real Estate Science Corporation, has a contract with the Bureau of Indian Affairs to determine the fair market value of the private lands and improverents on the l'ineral Strip. The appraisal firm has not been told to keep their appraisals below a certain figure by any of the Eureau personnel. The Act of Congress approved December 22, 1974 (Public Law 93-539, Stat. 1711) authorized appropriations not to exceed $3,000,000 to be available without fiscal year limitations, provided that in no event shall any person receive total compensation in excess of $300,000. As you can see, the limitation was made by Congress.

The appraisal contract with Real Estate Science Corporation does not provide for reevaluating an appraisal, but the corporation has agreed to do sore reevaluation as time permits. They have not yet completed their appraisal work as provided for in the contract which, of course, is their primary function. We have been assured that Ir. Bundrick's appraisal will be reevaluated when possible. The time schedule that was given lir. Bundrick was interrupted by the long negotiations and federal court action involving the Arizona State's claim to certain properties.

The San Carlos Tribe has agreed to let the ranchers cross the Mineral Strip, provided they get a free permit from the Tribe. The purpose of requiring the permit is to keep unauthorized persons from trespassing upon tribal land. To date, not one rancher has made application for a permit. We are sure that you understand the reasons for keeping unauthorized persons off of private property.

2

At no time did any Bureau of Indian Affairs official say that the ranchers had to accept the offered price for their lands and improvements. They were told that if they disagreed with the offer and had proper documentation of a higher value, then the final value would be negotiated.

Finally, the above named Act does not provide any authority for the Tribe to exchange lands of equal value with the owners of deeded land. Should the Act have provided for exchanges, the Tribe does not have any surplus lands with which to trade.

Hopefully, this information will clarify the situation for Mr. Bundrick. If we can be of further assistance in this matter, please let us know.

Sincerely,

57 David C. Harrison

Acting Director, Office of

Trust Responsibilities

Enclosure