UINTAH BASIN STANDARD, January 1, 2008 - Page A-9 (pdf)
Report to all members of
Felter v. Kempthorne and other interested persons.
December 27, 2007
Contact: Oranna Bumgarner Felter 435-722-3220
Dennis G. Chappabitty, Attorney at Law 916-682-0575
Roosevelt, Utah – After an intense and hard-fought five year battle in the Federal Courts, Oranna Bumgarner Felter, wonders if those Non-Indians, Companies and the Ute Indian Tribe enjoyed the wealth that was generated from funds that should have been paid to the Original Terminated Mixed Blood members during the last year every three months and just before Christmas, funds that Congress intended to be Orannas when it enacted the Ute Partition and Termination Act (UPA) in 1954.
The Ute Distribution Corporation (UDC) was created under the terms of the UPA as a way to divide monies, derived off gas, oil and minerals between the Mixed Blood Uintas and the Full Blood Utes.
I was just a young girl when I became the owner of UDC shares that had no stated monetary value and the law prohibited their sale or transfer to outside parties, said Felter, who was a minor child at the time of termination. “At the time of my identity as an enrolled member of the Uinta Band of Ute Indians was stolen from me I had no voice in what would become my destiny and I was completely helpless against shroud businessmen who were more educated in the Stock Shares such as UDC stocks and knew that they would generate Millions if not Billions of dollars.
I along with four others, Cal Hackford, Alvin Denver Sr., Dale Christensen and Richard Curry and around six hundred other original terminated individual mixed bloods and their descendants filed a federal civil action against the U.S. Department of the Interior in November 2002 in the U.S. District Court, District of Columbia. The case is know as: Felter, et al. v. Kempthorne, CV-02-2156 RWR. After suffering a dismissal on the statute of limitations on January 27, 2006, that was before Judge Roberts, we then filed an appeal in the U.S. Court of Appeals for the District of Columbia Circuit. By order dated January 17, 2007, the Court Of Appeals remanded (sent the case back to Judge Roberts) to determine whether P.L. 108-108 saved any of the Felter Claims for dismissal on the statute of limitation grounds.
At this time we have filed briefs for and against yet another dismissal of the case and we are anxiously waiting for Judge Roberts decision.
This Christmas, Santa clause came with a great bundle of present for the non-Indian persons, companies and the Ute Indian Tribe who now own three fourths of the Terminated Mixed Bloods Stock Shares.
As everyone knows here in the Uinta Basin oil, gas and other mineral exploration has increased the value of a piece of paper that “had no stated value” when we were Terminated. Most of the people had to sell their UDC stocks to survive without any idea of what the value of the stocks were.
I wonder if my life and that of my family would have been different if the Federal Government and Congress had “protected” each terminated mixed bloods interests from all the unscrupulous dealings by people that resulted in the loss of our valuable UDC shares now in the hands of the Ute Indian Tribe who are getting rich off their own people, and non Indians? I think we could have all lived fairly good, if we could receive the payments the udc board of directors are paying out to its stockholders every three months, plus a big payment just before Christmas.
Ute Distribution Corporation Board of Directors also has filed a case in the U.S. District Court, District of Utah, over who should share in millions of dollars arising from water rights, contending they represent the terminated 490 when all they can legally represent is their stockholders, so who are they really representing?
The Ute Distribution Corporation is now comprised by a majority of non-Indian shareholders who contends in that litigation that its “stockholders” are entitled to a substantial portion of the millions of dollars held by the United States pending a court order accepting or rejecting its arguments.
“The non Indian UDC shareholders are trying to convince the Federal Court judge in Salt Lake City that they have always been entitled to the water funds because they obtained UDC stocks, but Congress clearly intended, when it enacted the UPA (Ute Partition Act) for the Terminated Mixed Blood Uintas to own and manage their own water and benefit from any funds derived from it, for them and their children.
Termination cheated my family and me out of the fair chance to become “mainstream Americans” while it handed our Indian identity, UDC shares over to non-members, corporations who pretend they are Indians with a legal right to own the terminated roll numbers of me and my people.
The Ute Indian Tribe sits idly by and knows they will benefit from a termination law, Public Law 671, that they fully support, thus putting every Indian tribe in the United States in jeopardy of being terminated as long as this law stays alive and breathing. When will Congress finally wake up and admit the Ute Partition Act was an outright “failure” and it should be repealed tomorrow, with or with the approval of the Ute Indian Tribe who stopped the the UPA from being done away with at the National Congress of American Indians, thus putting them in line to be terminated next as they were to follow the mixed bloods within ten years.
To learn more about the Terminated Mixed Blood Uintas “Journey to Justice” feel free to contact either Oranna or Mr. Chappabitty at the above numbers or visit our Web site at: www.undeclaredutes.com our Web site is open to everyone. There are no passwords like other Web sites, feel free to accesss it, and learn more about the plight of the individual mixed blood Uintas.
We ask that all of the plaintiffs on our case continue to stand tall and pray for a good outcome when we hear from the judge soon. Happy, Healthy New Year!