B-118601, MAY 8, 1958

TO THE SECRETARY OF THE INTERIOR: REFERENCE IS MADE TO LETTER OF JANUARY 28. WHICH ALLOWANCE WAS THE SUBJECT OF OUR DECISION OF AUGUST 13. IN SUPPORT OF SUCH REQUEST IT NOW IS STATED THAT THE PERTINENT STUMPAGE PROVISIONS OF THE WARM SPRINGS CONTRACT AND THE TWO QUINAULT RESERVATION CONTRACTS ARE ESSENTIALLY THE SAME. THAT OUR INTERPRETATION AS OUTLINED IN THAT DECISION IS INCONSISTENT WITH THE GOVERNMENT'S DEFENSE IN THE WARM SPRINGS CASE. IT IS SUGGESTED THAT CONSIDERATION BE GIVEN TO THE ESTABLISHMENT OF SOME ARRANGEMENT SUCH AS BONDING OR AN ESCROW FUND TO INSURE REIMBURSEMENT TO THE INDIANS INVOLVED IN THE EVENT OF A COURT RULING UNFAVORABLE TO THE DEPARTMENT'S POSITION IN THE PENDING CASE.