APPENDIX 11

United States Department of Agriculture
Forest Service

Springerville Ranger District

P.O.Box 760
Springerville, AZ 85938
520 333-4372 TTY 333-6336
FAX 520 333-4182

Date: August 26, 1998
Reply To: 6570

Garrick Beck
930 Baca St. #10
Santa Fe, NM 87501

Dear Mr. Beck,

Please find enclosed a Bill for Collections issued to the Rainbow Family. On August 17, 1998 "Sailor" went to the Apache-Sitgreaves Supervisors office and demanded a bill be issued to the Family for the rehabilatation work that the Springerville District did because of the 1998 Rainbow Gathering. On August 18, 1998 "Sailor" came to the Springerville District office and made a similar demand. I was out of town, however, I did prepare a bill for collections when I returned on August 19, 1998. The Bill only represented those expenses related to the Dozer work and certainly not the total cos to the District.

On thursday August 25, 1998 "Sailor" called and asked for the exact amount on the bill so he could bring the money into our office.. We have not heard from him since nor has he come to our office to satisfy the Bill for Collection. We would like you to forward this bill to the Rainbow Family, or their agent so that we meet "Sailor's" request in a timley fashion. Thank you for your assistance.

Sincerely,

JOHN A. MACIVOR
District Ranger

JMacIvor:bw

Caring for the Land and Serving People
Printed on Recycled Paper


USDA Forest Service

FS-6500-89 (6/92)

BILL FOR COLLECTION
(Reference FSM 6530)

1. Date of Issue
08/19/98

Please send money order, bank draft, or check payable to: USDA FOREST SERVICE at the following address:

USDA FOREST SERVICE, Collection Officer
P.O. Box 6000
San Francisco, CA 94160-1656

2. Issuing Office Address

Springerville Ranger District
P.O. Box 760
Springerville, AZ 85938

Rainbow Family

FOR INFORMATION Please call
520 - 333 - 4372 or write to the
Issuing office address

DO NOT send correspondence or change of address with your payment

FOR PROPER CREDIT be sure to include a copy of this BILL with your payment

3. Date or Period
8/12/98

4. Description
Rehab for closing of road created/opened by Rainbow Family participants during the 1998 gathering held on the Springerville Ranger District.

5. Amount 2215.24

6. Bill Number
86204

7. Unit Number
TO-01

8. Subunit/Contract Number

9. Payment Due Date
9/19/98

10. Amount Due
2215.24

Note: Payments not received by the due date are subject to a LATE PAYMENT CHARGE at the rate published by the Department of the Treasury unless a different rate is prescribed by contract or agreement. Postmarks are not honored. ADMINISTRATIVE CHARGES may also be assessed. An additional 6% PENALTY will be charged for payments over 90 days past due. (Authority: Debt Collection Act of 1982.)

11. Remarks Service rendered

12. Forest Service Accounting Data

TRANS. CODE B

MANAGEMENT CODE/FY 200060

OBJECT CLASS 2500

AMOUNT 2215.24

TOTAL 2215.24


United States Department of Agriculture
Forest Service

Springerville Ranger District

P.O.Box 760
Springerville, AZ 85938
520 333-4372 TTY 333-6336
FAX 520 333-4182

Date: August 12, 1998

File Code: 5300/2790/2710
Route To:

Subject: Rainbow Incident Government Rehab

To: Forest Supervisor, Apache-Sitgreaves National Forests

Harry Thomas    GS-5    35.5 hrs@$10.13   =   $359.63
Igor Ivanoff    WG-5    35.5 hrs@$12.30   =   $436.65
Jim Cooley      GS-11   8 hrs@$27.37      =   $218.96  
John MacIvor    GS-13   8 hrs@$35.75      =   $286.00

D-5 Cat Doze.           17 hrs@$17        =   $289.00
Seed                    2.5@$250          =   $625.00
                                   TOTAL    $2,215.24

This is for rehab and closing of road created or opened by Rainbow Family participants during the 1998 Gathering. One large slit trench and six small slit trenches were found and closed by the dozer crew.

John A. MacIvor
District Ranger

JCooley:krg

Caring for the Land and Serving People Printed on Recycled Paper


RAINBOW INCIDENT

IC/District J.MacIvor
Springerville Ranger District

OP
Rocky Gardom

LE V.Chang
LE D.Leveille
LE Art Kelly
LE J.Brandt

Planning/Resources

Tom Subirge } Planning
Carolyn Hanrahan I Documentation
Joel Quisenberry Rehab Foreman/Safety
Joe Cardinal Water Sampling

Estimated time July 13 - August 7, 1998 - 4 weeks/2 pp

Estimated Cost $29,820

Salaries

LE Rocky Gardom
V.Chang W/PD
D.Leveille W/PD
Art Kelly W/PD
J.Brandt W/PD

1 week LE

Admin/Resources
John Maclvor (6 hrs/day)       120 hrs      $3,840
Tom Subirge (4 hrs/day)         80 hrs      $1,920
Carolyn Hanrahan (4 hrs/day)    80 hrs      $1,200
Joel Quisenberry (6 hrs/day)   120 hrs      $2,760
Joe Cardinal (2 hrs/day)        40 hrs        $800
                                           $10,520

2 Engine Crews Aug. GS-4
(10 days 800/day 10 people/ 10 days)        $8,000
                                           $18,520

Equipment Use/Supplies
Tractor w/Disc     10 days  280 FOR+Fuel     $550
Seed @, 8lb/AC     100 AC = 800 lb @ $5    $4,000
Wire/Posts         1 1/2 mile @ 4000 mi    $6,000
Trash              $3/CY    250 CY           $750
                                          $11,300

Note: Probably not able to use the North Spring pasture in 1998 and 1999 Season.


United States Department of Agriculture
Forest Service

Springerville Ranger District

P.O.Box 760
Springerville, AZ 85938
520 333-4372 TTY 333-6336
FAX 520 333-4182

P.O.Box 760
Springerville, AZ 85938
520 333-4372 TTY 333-6336
FAX 520 333-4182

Date: August 26, 1998
File Code: 6570

G. Baxter
1660 Lakeside Dr. Ste. 118
Bullhead City, AZ 86442

Dear Mr. Baxter

I am in receipt of your letter dated August 6, 1998 and consider it a claim against the Government. I will forward it to the appropriate official for consideration, however I would like to inform you of these facts. On June 14, 1998 I told the"Family" that they were not to cut the fences in this pasture and that any fences that were cut or taken down would be considered as destruction of Government Property. Philipe Sanchez, Steve Carhart, David English, and Kalif informed me that they would take down the fence for the protection of the Family and they would put the fence back up, and their rehab crew was very good at fence repair. The fences were cut in twenty or thirty places and the "Family's" rehab crew asked Joel Quisenberry and I what the Forest Service wanted them to do where the wire was cut, missing, or where the posts had been burned. We gave the rehab team our manual directions on fence building.

On my first inspection with Steve Carhart I noted that the splices were not to Forest Service standard and told them to repair it or my Forest Service crew would. The problem is that when you have alot of splices in a fence and you restretched the wire the weakest link can break. The bottom line here is the Family would have no obligation to repair the fence if they had not cut it. We do not have a duel standard, as you have implied, I will issue citations to anyone that we catch cutting our fences. Your crews would not have had any expenditure of time or money had the event not taken place or if you had controlled those participants that damaged government property. I am recommending that your claim be denied because you were not under contract by any government official to repair fences and we are not in the habit of paying anyone to repair damages that they were responsible for.

Sincerely,

JOHN A. MACIVOR
District Ranger

JMacIvor:bw
CC J.Bedell


Aug.6,1998

U.S. Dept. of Agriculture--Forest Service

Attn. J.Macivor,District Ranger
P.O.Box 760
Springerville,Az. 85938

While reconstructing and repairing the fencing at Canero Lake to Forest Service standards, as required by the site rehabilitation plan, it was discovered that the existing fencing was not to Forest Service standards. Although the wire itself was for the most part in sound condition, the splices and joints were of single loop or simple finger joint construction. This fact caused an extra one and a half days labor for our crew when the existing splices pulled apart as we attempted stretching the wire to repair the portions of fencing removed for the saftey of those camping at the site. Since the Forest Service failed to monitor the original constructions to their standards, we feel it is only fair to submit a bill for the additional time and labor this caused our crew. Perhaps in the future the Forest Service will be able to apply equal application of its standards to ranchers and campers alike.

Thank You, G.Baxter

One fencing crew x 12 Hrs.@ $30.00/Hr. + $12.00 wire cost = $372.00

Payment may be made to-

G Baxter
1660 Lakeside Dr. Ste.118
Bullhead City,Az. 86442

cc. J.Cooley
J.Bedell
W. Fox
Haglin-Shaw-Loeb, Atty's at law