Free Motion for Partial Summary Judgment - District Court of Federal Claims - federal

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Electronically Filed April 2, 2008 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

HOOPA VALLEY TRIBE, on its own behalf, and in ) its capacity as parens patriae on behalf of its members; ) Elton Baldy; Oscar Billings; Benjamin Branham, Jr.; ) Lila Carpenter; William F. Carpenter, Jr.; Margaret ) Mattz Dickson; Freedom Jackson; William J. ) Jarnaghan, Sr.; Joseph LeMieux; Clifford Lyle ) Marshall; Leonard Masten, Jr.; Danielle Vigil-Masten, ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. )

Case No. 08-72 L Judge Lawrence S. Margolis

APPENDIX OF EXHIBITS TO HOOPA MOTION AND MEMORANDUM IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT

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CONTENTS

Exhibit No. Exhibit 1

Document Description Finale Memorandum Regarding Hoopa Valley Reservation Trust Funds (June 25, 1974) Finale letter to Chairman Masten Regarding Set Aside Trust Funds (Mar. 19, 1975) Assistant Secretary--Indian Affairs Gerard Message to Hoopa and Yurok People (Nov. 20, 1978) S. 2723, 100th Cong., 2d Sess., A Bill to Partition Certain Reservation Lands between the Hoopa Valley Tribe and Yurok Indians. to Clarify the use of Tribal Timber Proceeds (Aug. 10, 1988) Memorandum of Congressional Research Service to House Committee Regarding Questions Concerning Hoopa Valley Reservation Settlement as Proposed in H.R. 4469 (Sept. 13, 1988) Senate Report, S. Rep. 100-564 (Sept. 30, 1988) Public Law 100-580 (Oct. 31, 1988)

Page 1

Exhibit 2 Exhibit 3

4 6

Exhibit 4

9

Exhibit 5

35

Exhibit 6 Exhibit 7 Exhibit 8

78 119

Notice Regarding Hoopa Valley Tribe Claim Waiver, 53 Fed. Reg. 49361 133 (Dec. 7, 1988) Notice of Options for Persons on the Hoopa-Yurok Settlement Roll (Apr. 12, 1991) Notice of Settlement Option Deadline, 56 Fed. Reg. 22996 (May 17, 1991) Notice of Statute of Limitation for Certain Claims, 56 Fed. Reg. 22998 (May 17, 1991) 135

Exhibit 9

Exhibit 10

148

Exhibit 11

149

2

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Exhibit 12

Notice to Convene General Council Meeting of the Yurok Tribe to Nominate the Yurok Interim Tribal Council (Aug. 14, 1991) Memorandum to Area Director Regarding Distribution of Funds (Aug. 22, 1991) Memorandum to Superintendent Regarding Issuance of Per Capita Checks (Oct. 24, 1991) Memorandum of Assistant Solicitor-- to Area Director Regarding Issues Raised at Organizational Meeting of the Yurok Interim Council (Feb. 3, 1992) Testimony of Richard Haberman, Chairman Interim Council of the Yurok Tribe (Mar. 5, 1992) Yurok Indian Tribe v. United States of America Complaint, No. 92-173 L (Mar. 10, 1992) Letter of Assistant Secretary - Indian Affairs to Honorable Dale Risling, Sr. (Apr. 13, 1992) Letter of Assistant Secretary - Indian Affairs to Honorable Richard Haberman (Apr. 15, 1992) Letter of Susie L. Long, Vice-Chair, Yurok Interim Tribal Council to Honorable Ada Deer (Aug. 20, 1993) Letter of Assistant Secretary - Indian Affairs to Susie L. Long (Nov. 23, 1993) Letter of Assistant Secretary - Indian Affairs to Susie L. Long (Apr. 4, 1994) Letter of Assistant Secretary - Indian Affairs to Susie L. Long (Mar. 14, 1995)

150

Exhibit 13

152

Exhibit 14

156

Exhibit 15

159

Exhibit 16

166

Exhibit 17

170

Exhibit 18

176

Exhibit 19

178

Exhibit 20

180

Exhibit 21

182

Exhibit 22

183

Exhibit 23

187

3

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Exhibit 24

Letter of Assistant Secretary - Indian Affairs to Hon. J. Dennis Hastert Regarding Department's Section 14(c) Report (Mar. 15, 2002)

189

Exhibit 25

Committee on Indian Affairs, United States Senate, Oversight Hearing on 241 Hoopa-Yurok Settlement Act, S. Hrg. 107-648 (Aug. 1, 2002) Proposed Amendments to the Hoopa Yurok Settlement Act Developed in Formal Mediation (Dec. 3, 2003) S. 2878, 108th Cong., 2d Sess., A Bill to Amend the Hoopa-Yurok Settlement Act (Sept. 30, 2004) Letter of Feinstein, Boxer and Thompson to Hon. David L. Bernhardt, Acting Solicitor (Mar. 21, 2006) 348

Exhibit 26

Exhibit 27

353

Exhibit 28

368

Exhibit 29

Letter of Associate Deputy Secretary of Interior to Clifford Lyle Marshall 370 (July 19, 2006) Letter of Special Trustee for American Indians to Clifford Lyle Marshall (Mar. 1, 2007) Letter of Special Trustee for American Indians to Clifford Lyle Marshall (Mar. 21, 2007) Yurok Tribal Council Resolution 07-037 (Mar. 21, 2007) Hoopa Petition for Reconsideration, IBIA No. 07-90-A (Apr. 17, 2007) Resolution of Yurok Tribal Council No. 07-41 Regarding Distribution of Assets Held in Trust (Apr. 19, 2007) Letter of Deputy Solicitor to Clifford Lyle Marshall (Apr. 20, 2007) Fax of Cindee McKernan to Donna Erwin Regarding Acceptability of Draft Resolution (Apr. 20, 2007) 372

Exhibit 30

Exhibit 31

375

Exhibit 32 Exhibit 33 Exhibit 34

376 378 393

Exhibit 35 Exhibit 36

395 396

4

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Exhibit 37

Letter of Special Trustee for American Indians to Clifford Lyle Marshall (Apr. 20, 2007) Letter of Deputy Special Trustee - Trust Services to SEI Private Trust Company Regarding Free-Delivery of Hoopa-Yurok Settlement Account (Apr. 20, 2007) Letter from Assistant Secretary - Indian Affairs to Clifford Lyle Marshall (June 29, 2007) Check from Morgan Stanley to Yurok tribal member (Jan. 15, 2008)

399

Exhibit 38

400

Exhibit 39

403

Exhibit 40

405

5

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IN

~c~t.v~EFtA

UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INOtAN AFFAIRS

Sacramento Area Office 2800 Cottage Way Sacramento, California 95825

JUN 2 51974
Memorandums To: From: Subject: Superintendent, Hoops Agency Area Director Short v. the United States

The decision of the LI. S. Supreme Court to deny the petition for a writ of certiorari in the case of Jessie Short at *1., v. the United States makes it necessary for this office to institute interim measures for dealing with Hoops Valley Reservation tribal. trust funds and tribal trust income until it hears further from the Trial Judge to whom the Court of Claims remanded the case for further proceedings. Accordingly, this office is proceeding on the following assumptions: (1) Hoops Valley Reservation: A single reservation, as extended by Executive Order on October 16, 1891 by President Benjamin Harrison to include the Square, the Addition, md the Kiarnath River Reservation, Tribal Land: All Indian trust land within the Hoops Valley Reservation not allotted to Indians. Tribal Trust Funds: Tribal money held by the United States Government in the following accounts: Account 7236.
--

(2)

(3)

Proceeds of Labor, Hoops Valley Indians, California Interest and Interest on Accruals, Proceeds of Labor, Hoops Valley Indians, California Proceeds of Klainath River Reservation, CalLforn is Interest and Interest on Accruals, Proceeds of Klamath River Reservation~CaJ.tfornia

Account 7736

-

Account 7056

-

Account 7556

-

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Account 7153
-

Proceeds of Labor, Yurok Indians of Lover Kiamnath River, California Interest and Interest on Accruals, Proceeds of Labor, Yurok Indians of Lower Klamath River, C*lifornta Proceeds of Labor, Yurok Indians of Upper Klamsath River, California Interest and Interest on Accruals, Proceeds of Labor, Yurok Indians of Upper Kiamath River, California

Account 7653

--

Account 7154

-

Account 7654

-

(4)

Tribal Trust Income: !`bney paid to the United States Government for the sale of Hoops Valley Reservation tribal resources or use of tribal land from *1.1 sources such as: leases, rights--of-way, permits, easements, rentals, fees, licenses, and sale of timber and deposited to one of the accounts in (3) above. Hoops Valley Tribe: Those persons on the Hoops Valley Tribal Roll and eligible to be on the roll on June 30, 1974, and numbering 1405. (Note: This office does recognize that the number way increase or decrease as Hoops Valley Tribe tribal membership applications are processed by the Hoop. Valley Tribe). Plaintiffs: Those persons who are plaintiffs in the case and numbering 3323. (Note: The plaintiff number is considered, at this time, this office's best guide as to those persons who may be found entitled to recover as an Indian of the reservation by the Court of Claims. We recognize that the number may be more by intervention in the case by others who are not plaintiffs, or less, as eligibility standards a~e set by the court and applied to the plaintiff list. A count was made of the persons who stated their identity as Yuroks on their applications for the California Judgment fund and the number was within two of the above; 3321. Here again, there are persons on the roll who are not listed as plaintiff., but the possibility remains that they may wish to establish their entitlement by intervention in the case and may be successful in so doing. This office recognizes, as stated above, that the number of plaintiffs entitled to recover as an Indian of the Reservation may be more or less than the number of plaintiffs listed in the complaint; however, it ii this office's view that the number of plaintiffs listed in th. complaint is the beat number available for use at this time).

(5)

(6)

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The purpose of establishing the number for the Hoops Valley Trtb~ and th. number (or plaintiffs Is for the division of Hoops Valley Reservation Tribal Trust Funds and Tribal Trust Income. This division is made on a percentage bash as follows: Hoops Valley Tribal Members Plaintiffs
--

1405 3323

TOTAL
Percent of Hoops Valley Tribal Members to Total Percent of Plaintiff, to Total

-

4728 307.

--

--

707.

Coussencing with the date of this memorandum, Hoops Valley Reservation Tribal Trust Funds and Tribal Trust Income shall be handled by this office in the following manner: 307. of the total of Hoops Valley Reservation Tribal Trust Funds L~available for the Hoops Valley Tribe, as well as 307. of subsequent Hoops Valley Reservation Tribal Trust Income for its use in accordance with approved Hoops Valley Tribe tribal budgets. 707. of the total of Hoops Valley Reservation Tribal Trust Funds and 707. of subsequent Hoopa Valley Reservation Tribal Trust Income is set aside in a separately held tribal account for the Indians of the Hoopa Valley Reservation pending determination by the court of eligibility of plaintiffs to recover as an Indian of the Hoops Valley Reservation. tb~affected by the issuance of this m~norandt~,re the continued political a and economic activities of the Hoops Valley Business Council, the Hoops Valley General Council, and the Hoops Valley Tribe.

4~'~:a~~ &i_~
Area Director

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3
II

100TH CONGRESS 2D SESSION

S. 2723

To partition certain reservation lands between the Hoopa Valley Tribe and the Yurok Indians, to clarify the use of tribal timber proceeds, and for other purposes.

IN THE SENATE OF THE TJNITED STATES
AUGUST 10, 1988 Mr. CRANSTON introduced the following bill; which was read twice and referred to the Select Committee on Indian Affairs

A BILL
To partition certain reservation lands between the Hoopa Valley Tribe and the Yurok Indians, to clarify the use of tribal timber proceeds, and for other purposes. 1
Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE
AND DEFINITIONS.

(a) SHORT TITLE.--This Act may be cited as the ~ "Hoopa-Yurok Settlement Act".
6

(b)

DEFINITIONS.--For

the purposes of. this Act, the

7 term--

8 9 10

(1) "Escrow funds" means the moneys derived from the joint reservation which are held in trust by the Secretary in the accounts entitled--

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1
2

(A) "Proceeds of Labor-Hoopa Valley mdians-California 70 percent Fund, account number

3 4
5 6 7 8 9
10 11 12

352--561--7197"; (B) "Proceeds of Labor-Hoopa Valley mdians-California 30 percent Fund, account number 352--561--7236"; (0) "Proceeds of Kiamath River Reservation, California, account number 352--562--7056";

(D) "Proceeds of Labor-Yurok Indians of
Lower Kiamath River, (Jaliforma, account number J52--562--7153";

(E) "Proceeds of Labor-Yurok Indians of Upper Klamath River, California, account number J52--562--7 154"; (F) "Proceeds of Labor-Hoopa Reservation for Hoopa Valley and Yurok Tribes, account number J52--575--7256"; and (G) "Kiamath River Fisheries, account

13 14 15 16 17 18 19 20 21 22 23 24 25

number 5628000001"; (2) "Hoopa Indian blood" means that degree of ancestry derived from an Indian of the Hunstang, Hupa, Miskut, Redwood, Saiaz, Sermalton, Tish-TangAtari, South Fork, or Grouse Creek Bands of Indians; (3) "Hoopa Valley Reservation" means the reservation described in section 2(b) of this Act;

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3
1
2

(4) "Hoopa Valley Tribe" means the Hoopa
Valley. Tribe, organized under the constitution and
-

3 4 5 6 7 8 9 10 11 12 13 14 15
16
-

amendments approved by the Secretary on November 20, 1933, September 4, 1952, August 9, 1963, and August 18, 1972; (5) "Indian of. the Reservation" shall mean any person who meets the criteria to qualify as an Indian
of the Reservation as established by the United States

Court of Claims in its March 31, 1982, May 17, 1987, and March 1, 1988, decisions in the case of Jesse Short et al. v. United States, (Cl. Ct. No. 102--63); (6) "Joint reservation" means the area of land defined as the Hoopa Valley Reservation in section 2(b) and the Yurok Reservation in section 2(c) of this Act. (7) "Karuk Tribe" means the Karuk Tribe of
California, organized under its constitution after -a spe-

17 18 19 20 21 22 23

cial election conducted by the United States Department of the Interior, Bureau of Indian Affairs, on
April 18, 1985;

(8) "Secretary" means the Secretary of the Interior; (9) "Settlement Fund" means the Hoopa-Yurok Settlement Fund established pursuant to section 4;

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6 4 1 2 3 4 5 6 7 8 9 (10) "Settlement Roll" means the final roll prepared and published in the Federal Register by the
Secretary pursuant to section 5;

(11) "Short cases" means the cases entitled Jesse Short et al. v. United States, (01. Ct. No. 102--68); Charlene Ackley v. United States, (01. Ct. No. 460-- 78); Bret Aanstadt v. United States, (Cl. Ct. No. 146-- S5L); and Norman Giffen v. United States, Cl. Ct. No. 746--85L); (12) "Short plaintiffs" means named plaintiffs in

11 12 13 14 15 16
17

the Short cases; (13) "trust land" means an interest in land the title to which is held in trust by the United States for an Indian or Indian tribe, or by an Indian or Indian tribe subject to~a restriction by the United States against alienation;
(14) "unallotted trust land, property, `resources or

18 19 20 21 22 23 24 25

rights" means those lands, property, resources, or rights reserved for Indian purposes which have not been allotted to individuals under an allotment Act; (15) "Yurok Reservation" means the reservation described in section 2(c) of this Act; and (16) "Yurok Tribe" means the Indian tribe which is recognized and authorized to be organized pursuant to section 9 of this Act.

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7

SEC. 2. RESERVATIONS; PARTITION

AND

ADDITIONS.

(a) PAITIPI0N OF THE JoINT RESERvATI0N.--(1) Ef-

3 fective with the publication in the Federal Register of the
4 Hoopa tribal resolution as provided in paragraph (2), the joint reservation shall be partitioned as provided in subsection (b) 6 and (c).

(2)(A) The partition of the joint reservation as provided in this subsection shall not become effective unless, within 60 days after the date of the enactment of this Act, the Hoopa 10 Valley Tribe shall adopt, and transmit to the Secretary, a 11 tribal resolution waiving any claim such tribe may have 12 against the United States arising out of the provisions of this 13 Act. 14 (B) The Secretary, after determining the validity of the 15 resolution transmitted pursuant to subparagraph (A), shall 16 cause such resolution to be printed in the Federal Register.
17 (b) HOOPA VALLEY REsERvATI0N.--Effective with

18 the partition of the joint reservation as provided in subsection

19 (a), the area of land known as the "square" (defined as the 20 Hoopa Valley Reservation established under section 2 of the 21 Act of April 8, 1864 (13 Stat. 40), the Executive order of 22 June 23, 1876, and Executive Order 1480 of February 17, 23 1912) shall thereafter be recognized and established as the
24 Hoopa Valley Reservation. The unaliotted trust land and

assets of the Hoopa Valley Reservation shall thereafter be

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8 6
1 held in trust by the United States for the benefit of the 2 Hoopa Valley Tribe.
3

(c)

YTJBOK

RESEBvATI0N.--(1) Effective with the par-

4 tition of the joint reservation as provided in subsection (a), 5 the area of land known as the "extension" (defined as the 6 reservation extension under the Executive order of Octo7 ber 16, 1891, but excluding the Resighini Rancheria) shall 8 thereafter be recognized and established as the Yurok Reser9 vation. The unallotted trust land and assets of the Yurok 10 Reservation shall thereafter to be held in trust by the United 11 States for the benefit of the Yurok Tribe. 12 (2) Subject to all valid existing rights and subject to the

13 adoption of a resolution of the Interim Council of the Yurok 14 Tribe as provided in section 9(c)(2)(A), all right, title, and
15 interest of the United States--

16 17 18
19 20

(A) to all national forest system lands within the Yurok Reservation and (B) to that portion of the Yurok Experimental
Forest described as Township 14 N., Range 1 E., Seetion 28, Lot 6: that portion of Lot 6 east of U.S.

21 22 23

Highway 101 and west of the Yurok Experimental Forest, comprising 14 acres more or less and including all permanent structures thereon,

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1

shall thereafter he held in trust by the United States for the

7

2 benefit of the Yurok Tribe and shall be part of the Yurok 3 Reservation.

4

(3)(A) Pursuant to the authority of sections 5 and 7 of

5 the Indian Reorganization Act of June 18, 1934 (25 U.S.C.
6 465, 467), the Secretary may acquire lands or interests in

7 land, including rights-of-way for access to trust lands, for the 8 Yurok Tribe or its members. 9 (B) From amounts authorized to be appropriated by the
10 Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), the 11 Secretary may use not to exceed $5,000,000 for the purpose 12 of acquiring lands or interests in lands pursuant to subpara13 graph (A). No lands or interests in lands may be acquired 14 outside the Yurok Reservation with such funds except for 15 puposes of exchange for lands within the reservation.

16
17

(4)The-- (A) apportionment of funds to the Yurok Tribe as provided in sections 4 and 7; (B) the land transfers pursuant to paragraph (2); (0) the land acquisition authorities in paragraph
(3); and (D) the organizational authorities of section 9 shall not be effective unless and until the general councii of the Yurok Tribe has adopted a resolution waiving

18 19
20 21 22 23 24

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10
8 1 any claim such tribe may have against the United States arising out 3

of the provisions of this Act.

(d) BouN~.RyOLARIFIcATI0NS OR CoRREcTIoNS.--

4 (1) The boundary between the Hoopa Valley Reservation and 5 the Yurok Reservation, after the partition of the joint reser6 vation as provided in this section, shall be the line established
7 by the Bissel-Smith survey.

8

(2) Upon partition of the joint reservation as provided in
this section, the Secretary shall publish a description of the

10 boundaries of the Hoopa Valley Reservation and Yurok Res11 ervations in the Federal Register. 12 (e)
MANAGEMENT OF THE

YUEOK RESERVATION.--

13 The Secretary shall be responsible for the management of the 14 unallotted trust land and assets of the Yurok Reservation 15 until such time as the Yurok Tribe has been organized pursu16 ant to section 9. Thereafter, those lands and assets shall be
17 administered as tribal trust land and the reservation governed

18 by the Yurok Tribe as other reservations are governed by the 19 tribes of those reservations. 20 (f)
CRIMINAL AND CIVIL

JuBISDIcTI0N.--The Hoopa

21 Valley Reservation and the Yurok Reservation shall be sub-

22 ject to section 1360 of title 28, United States Code; section 23 1162 of title 18, United States Code, and section 403(a) of 24 the Act of April 11, 1968 (82 Stat. 79; 25 U.S.C. 1323(a)).

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11 9 1 2
SEC. 3. PRESERVATION OF SHORT CASES.

Nothing in this Act shall affect, in any manner, the mdi-

3 vidual entitlements already established under existmg deci-

4 sions of the United States Claims Court in the Short cases or 5 any final judgment which may be 6
7
SEC. 4.

rendered in those cases.

HOOPA..YUROK SETTLEMENT FUND.
ESTABLISHMENT.--(1)

(a)

There is hereby established

8 the Hoopa-Yurok Settlement Fund. Upon enactment of this

9 Act, the Secretary shall cause all the funds in the Escrow
10 funds, together with all accrued income thereon, to be depos-

11 ited into the Settlement Fund. 12 (2) Until the distribution is

-

made

to the Hoopa Valley

13 Tribe pursuant to section (c), the Secretary may distribute to 14 the Hoopa Valley Tribe, pursuant to the provision of title I of

15 the Department of the Interior and Related Agencies Appro16 priations Act, 1985, under the heading

`Bureau of

Indian

17 Affairs' and subheading `Tribal Trust Funds' at 98 Stat. 18 1849 (25 U.S.C. 123c), not to exceed $3,500,000 each fiscal
19 year out of the income or principal of the Settlement Fund

20 for tribal, non-per capita purpose. 21 (b)
DISTRIBUTION; INVESTMENT.--The

Secretary shall

22 make distribution from the Settlement Fund as provided in 23 this Act and, pending dissolution of the fund as provided in

24 section 7, shall invest and administer such fund as Indian 25 trust funds pursuant to the first section of the Act of June 24, 26 1938 (52 Stat. 1037; 25 U.S.C. 162a). S 2723 IS----2
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12
10 1 (c) H0OPA
VALLEY

TRIBE P0RTI0N.--Effective with

2 the publication of the option election date pursuant to section 3 6(a)(3), the Secretary shall pay out of the Settlement Fund 4 into a trust account for the benefit of the Hoopa Valley Tribe 5 a percentage of the Settlement Fund which shall be deter6 mined by dividing the number of enrolled members of the 7 Hoopa Valley Tribe as of the date of the promulgation of the 8 Settlement Roll roll, including any persons enrolled pursuant 9 to section. 5, by the sum of the number of such enrolled 10 Hoopa Valley tribal members and the number of persons on 11 the Settlement Roll. 12 13 (d) YUROK
TRIBE

PORTI0N.--Effective with the publi-

cation of the option

election date pursuant to section 6(a)(3),

14 the Secretary shall pay out of the Settlement Fund into a 15 trust account for the benefit of the Yurok Tribe a percentage 16 of the Settlement Fund. which shall be determined by dividing 17 the number of persons on the Settlement Roll electing the 18 Yurok Tribal Membership Option pursuant to section 6(c) by 19 the sum of the number of the enrolled Hoopa Valley tribal
20 members established pursuant to subsection (c) and the

21 number of persons on the Settlement Roll, less any amount
22 paid out of the Settlement Fund pursuant to section 6(c)(3). 23 (e) FErn. .a~ Sa~nE.--Thereis hereby authorized to

24 be appropriated the sum of $10,000,000 which shall be de25 posited into the Settlement Fund after the payments are

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made pursuant to subsections (c) and (d) and section 6(c). The 2 Settlement Fund, including the amount deposited pursuant to 3 this subsection and all income earned subsequent to the pay4 ments made pursuant to subsections (c) and (d) and section

5 6(c), shall be available to make the payments authorized by section (d).
7 SEC. 5. HOOPA-YUROK SETTLEMENT ROLL. 8 (a) PREPARATION; ELIGIBILITY CRITERIi~.--(1)The

9 Secretary shall prepare a roll of all persons who can meet the 10 criteria for eligibility as an Indian of the Reservation and-- 11 (A) who were born on or prior to, and living upon, the date of enactment of this Act; 13 14
15

(B) who are citizens of the United States; and (C) who were not, on August 8, 1988, enrolled
members of the Hoopa Valley Tribe.

16
17

(2) The Secretary's determination of eligibility under
this subsection shall be final except that any Short plaintiff

18 determined by the United States Claims Court to be an

19 Indian of the Reservation shall be included on the Settlement 20 Roll if they meet the other requirements of this subsection 21 and any Short plaintiff determined by the United States 22 Claims Court not to be an Indian of the Reservation shall not 23 be eligible for inclusion on such roll. 24 (b)
RIGHT TO

APPLY; NOTICE.--Within thirty days

25 after the date of enactment of this Act, the Secretary shall

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14 12 1 give such notice of the right to apply for enrollment as pro2 vided in subsection (a) as he deems reasonable except that 3 such notice shall include, but shall not be limited to-- 4 5 6 7 8 9 (1) actual notice by registered mail to every plaintiff in the- Short cases at their last known address;

(2) notice to the attorneys for such plaintiffs; and (3) publication in newspapers of general circulation in the vicinity of the Hoopa Valley Reservation and elsewhere in the State of California.

10 Contemporaneous with providing the notice required by this
11 subsection, the Secretary shall publish such notice in the 12 Federal Register.

13

(c)

APPLICATION

DEADLINE.--The deadline for appli-

14 cation pursuant to this section shall be established at one 15 hundred and twenty days after the publication of the notice 16 by the Secretary in the Federal Register as required by sub17 Section (b). 18 (d)
ELIGIBILITY DETERMINATION; FINAL ROLL.--(1)

19 The Secretary shall make determinations of eligibility of ap20 plicants under this section and publish in the Federal Regis21 ter the final Settlement Roll of such persons one hundred and 22 eighty days after the date established pursuant to subsection
23 (c).

24

(2) The Secretary shall develop such procedures and

25 times as may be necessary for the consideration of appeals

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15
13
1 from applicants not included on the roll published pursuant to 2 paragr~h(1). Successful appellants shall be added to the

3 Settlement Roll and shall be afforded the right to elect op4 tions as provided in section 6, with any payments to be made 5 to such successful appellants out of the remainder of the Set6 tlement Fund after payments have been made pursuant to
7 section 6(d) and prior to division pursuant to section 7.
-

8

(3) Persons added to the Settlement Roll pursuant to

9 appeals under this subsection shall not be considered in the

10 calculations made pursuant to section 4. 11 (e)
EFFECT OF EXCLUSION

FEoM ROLL.--NO person

12 whose name is not included on the Settlement Roll shall have 13 any interest in the tribal, communal, or unallotted land, prop14 erty, resources, or rights within, or appertaining to, the 15 Hoopa Valley Tribe, the Hoopa Valley Reservation, the 16 Yurok Tribe, or the Yurok Reservation and in the Settlement 17 Fund unless such person is subsequently enrolled in the 18 Hoopa Valley Tribe or the Yurok Tribe under the member19 ship criteria and ordinances of such tribes. 20 21
SEC. 6.

ELECTION OF SETTLEMENT OPTIONS.
NOTICE OF SETTLEMENT

(a)

OPTI0NS.--(1) Within

22 sixty days after the publication of the Settlement Roll as pro23 vided in section 5(d), the Secretary shall give notice by regis24 tered mail to each person eighteen years or older on such roll

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14
1 of their right 2 section.

to

elect the settlement options provided in this

3

(2) The notice shall be provided in easily understood
language, but shall be as comprehensive as possible and shall

5 provide

an objective assessment of the advantages and disad-

6 vantages of each of the options offered. The notice shall also

7 advise such persons that their election shall be deemed to be
8 the election of the minor children under their guardianship

who are also on the Settlement Roll. (3) With respect to minors on the Settlement Roll
11 whose parent or guardian is not also on the roll, notice shall

12 be given to, and the necessary election made by, the parent 13 or guardian of such minor.
14 (4)(A) The notice shall also establish the date by which

15 time the election of an option -under this section must be

16 made. The Secretary shall establish that date as the date 17 which is one hundred and twenty days after the date of the 18 publication in the Federal Register as required by section
19 5(d).

20

(B) Any person on the Settlement Roll who has not

21 made an election by the date established pursuant to subpara22 graph (A) shall be deemed to have elected the option provid23 ed in subsection (d). 24

(b)

HOOPA TRIBAL MEMBERSHIP OPTI0N.--(1)

Any

25 person on the Settlement Roll, eighteen years or older, who

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1 can meet any of the enrollment criteria of the Hoopa Valley 2 Tribe set out in the decision of the United States Court of Claims in its March 21, 1982, decision in the Short case (No. 102--63) as "Schedule A", "Schedule B", or "Schedule C" and who-- 6 7 8 9 10 11 12 13
-

(A) maintained a residence on the Hoopa Valley Reservation on -the date of enactment of this Act;
-

(B)

had maintained a residence on the Hoopa

Valley Reservation at any time within the five year period prior to the enactment -of this Act; or (C) owns an interest in real property on the Hoopa Valley Reservation on the date of enactment of this Act,

14 my elect to be, and, upon such election, shall be entitled to
15 be, enrolled as a full member of the Hoopa Valley Tribe.

16
17

(2) Notwithstanding any provision of the constitution,
ordinances or resolutions of the Hoopa Valley Tribe to the

18 contrary, the Secretary shall cause any entitled person elect-

19 ing to be enrolled as a member of the Hoopa Valley Tribe to 20 be so enrolled and such person shall thereafter be entitled to
21 the same rights, benefits, and privileges as any other member

22 of such tribe.
23 (3) Any person enrolled in the Hoopa Valley Tribe pur-

24 suant to this subsection shall be assigned by the Secretary 25 that quantum of "Indian blood" or "Hoopa Indian blood", as

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18 16 1 appropriate, as may be determined pursuant to the criteria 2 established in the March 31, 1982, decision of the United
3 States Court of Claims in the case of Jessie Short 4 United States, (Cl. Ct. No. 102--63). 5
-

Ct

al. v.

(4) Any person making an election under this subsection

6 shall no longer have any right or interest whatsoever in the
7 tribal, communal, or unallotted land, property, resources, or

8 rights within, or appertaining to, the Yurok Indian Reservation or the Yurok Tribe or in the Settlement Fund. (c) YUROK
TRIBAL MEMBERSHIP OPTION.--(1)

Any

person on the Settlement Roll may elect to become a member 12 of the Yurok Tribe and shall be entitled to participate in the 13 organization of such tribe as provided in section 9. 14 (2) All persons making an election under this subsection

15 shall form the base roll of the Yurok Tribe for purposes of 16 organization pursuant to section 9 and the Secretary shall
assign each such person that quantum of "Indian blood" as 18 may be determined pursuant to the criteria established in the

19 March 31, 1982, decision of the United States Court of 20 Claims in the case of Jessie Short et al. v. United States, (01. 21 Ct. No. 102--63).
22 (3) The Secretary, pursuant to section 7 of the Act of

23 August 2, 1983 (25 U.S.C. 1407), shall pay to each person
24 making an election under this subsection, $3,000 out of the

25 Settlement Fund.

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(4) Any person making an election under this subsection

shall no longer have any right or interest whatsoever in the tribal, communal, or unallotted land, property, resources, or 4 rights within, or appertaining to, the Hoopa Valley Reserva5 tion or the Hoopa Valley Tribe or, except to the extent authorized by paragraph (3), in the Settlement Fund.
7

(d) LUMP SUM

PAYMENT

OPTI0N.--(1) Any person on

8 the Settlement Roll may elect to receive a lump sum pay9 ment from the Settlement Fund and the Secretary shall pay

10 to each such person the amount of $20,000 out of the Settle11 ment Fund. 12 (2) Any person making an election to receive, and

having received, a lump sum payment under this subsection
14 shall not thereafter have any interest or right whatsoever in

15 the tribal, communal, or unallotted land, property, resources, 16 or rights within, or appertaining to, the Hoopa Valley Reser17 vation, the Hoopa Valley Tribe, the Yurok Reservation, or

18 the Yurok Tribe or, except authorized by paragraph (1), in the Settlement Fund.
20 SEC. 7. DIVISION OF SETTLEMENT FUND REMAINDER. 21 (a) Any funds remaining in the Settlement Fund after

22 the payments authorized to be made therefrom by subsections

23 (c) and (d) of section 6 and any payments made to successful 24 appellants pursuant to section 5(d) shall be evenly divided

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20
18 between the Hoopa Valley Tribe and the Yurok Tribe and shall be held by the Secretary in trust for such tribes. 3 (b) Funds divided pursuant to this section and any funds

4 apportioned to the Hoopa Valley Tribe and the Yurok Tribe 5 pursuant to subsections (c) and (d) of section 4 shall not be 6 distributed per capita to any individual before the date which 7 is 10 years after the date on which the division is made under 8 this section.
9 SEC. 8. HOOPA VALLEY TRIBE; CONFIRMATION OF STATUS.

10

The existing governing documents of the Hoopa Valley

11 Tribe and the governing body established and elected there12 under, as heretofore recognized by the Secretary, are hereby 13 ratified and confirmed.
14 SEC. 9. RECOGNITION AND ORGANIZATION OF 15
TRIBE. THE

YUROK

16

(a)

YUBOK

TBIBE.--(1) Those persons on the Settle-

17 ment Roll who made a valid election pursuant to subsection 18 (c) of section 6 shall constitute the base membership roll for 19 the Yurok Tribe whose status as an Indian tribe, subject to 20 the adoption of the general council resolution as required by 21 subsection (c)(2), is hereby ratified and confirmed. 22 (2) The Indian Reorganization Act of June 18, 1984

23 (48 Stat. 984; 25 U.S.C. 461 et seq.), as amended, is hereby 24 made applicable to the Yurok Tribe and the tribe may orga25 nize under such Act as provided in this section.

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21 19
1

(b) INTERIM

CouNcn~ EsT~LIsii~NT.--Therehall s

2 be established an Interim Council of the Yurok Tribe to be composed of five members. The Interim Council shall represent the Yurok Tribe in the implementation of provisions of 5 this Act, including the organizational provisions of this sec6 tion, and shall be the governing body of the tribe until such 7 time as a tribal council is elected under the constitution 8 adopted pursuant to subsection (e). (c) GENERAL Cotn~cn4; LECTION OF E

INTERIM

Couw-

10 CIL.--(1) Within 30 days after the date established pursuant 11 to section 6(a)(3), the Secretary shall prepare a list of all 12 persons eighteen years of age or older who have elected the 13 Yurok Tribal Membership Option pursuant to section 6(c), 14 which persons shall constitute the eligible voters of the Yurok 15 Tribe for the purposes of this section, and shall provide writ16 ten notice to such persons of the date, time, purpose, and 17 order of procedure for the general council meeting to be 18 scheduled pursuant to paragraph (2) for the consideration of

19 the adoption of the resolution provided for in paragraph 20 (2)(A) and the nomination of candidates for election to the 21 Interim Council. 22 (2) Not earlier than 30 days before, nor later than 45

23 days after, the notice provided pursuant to paragraph (1), the 24 Secretary shall convene a general council meeting of the eli25 gible voterF of the Yurok Tribe on or near the Yurok Reser-

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20
1 vation, to be conducted under such order of procedures as the

2 Secretary determines appropriate, for-- 3 4 5 6 7 8 9 (A) the adoption of a resolution, by a vote of not less than two-thirds of the voters present and voting, waiving any claim the Yurok Tribe may have against the United States arising out of the provisions of this Act; and
-

(B) the nomination of candidates for election of the members of the Interim Council.

10 No person shall be eligible for nomination who is not on the 11 list prepared pursuant to this section. 12 (3) Within 45 days after the general council meeting

13 held pursuant to paragraph (2), the Secretary shall hold an 14 election by secret ballot, with absentee balloting and write-in 15 voting to be permitted, to elect the five members of the Inter16 im Council from among the nomination submitted to him 17 from such general council meeting. The Secretary shall 18 assure that notice of the time and place of such election shall 19 be provided to eligible voters at least fifteen days before such 20 election. 21 (4) The Secretary shall certify the-results of such elec-

22 tion and, as soon as possible, convene an organizational 23 meeting of the newly-elected members of the Interim Council 24 and shall provide such advice and assistance as may be nec25 essary for such organization.

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(5) Vacancies on the Interim Council shall be filled by a
2 vote of the remaining members.

3

(d)

INTERIM COUNCIL; AUTHORITIES AND DISSOLU-

4 TI0N.--(1) The Interim Council shall have no powers other 5 than those given to it by this Act.

6

(2) The Interim Council shall have full authority to re-

7 ceive grants from, and enter into contracts for, Federal pro-

8 grams, including those administered by the Secretary and the 9 Secretary of Health and Human Services, with respect to
10 Federal services and benefits for the tribe and its members.

11

(3) The Interim Council shall have such, other powers,

12 authorities, functions, and responsibilities as the Secretary

13 may recognize, except that it may not legally or contractual14 ly bind the Yurok Tribe for a period in excess of two years 15 from the date of the certification of the election by the Secre16 tary. 17 (4) The Interim Council shall appoint, as soon as practi-

18 cal, a drafting committee which shall be responsible, in con19 sultation with the Interim Council, the Secretary and mem20 bers of the tribe, for the preparation of a draft constitution for
21 submission to the Secretary pursuant to subsection (e).

22

(5) The Interim Council shall be dissolved effective with

23 the election and installation of the initial tribe governing body 24 elected pursuant to the constitution adopted under subsection

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24 22 1 (e) or at the end of two years after such installation, whichev2 er occurs first. 3 (e) ORGANIZATION OF YUBOK TEIBE.--Upon written

4 request of the Interim Council or the drafting committee and

5 the submission of a draft 6 graph (4)

constitution as

provided in para-

of subsection (d),

the Secretary shall conduct an

7 election, pursuant to the provisions of the Indian Reorganiza8 tion Act of June 18, 1934 (25 U.S.C. 461 et seq.) and rules
9 and regulations promulgated thereunder, for the adoption of

such constitution and, working with the Interim Council, the
11 election of the initial tribal governing body upon the adoption

12 of such constitution.

13 SEC. 10.
14

SPECIAL CONSIDERATIONS.
SMOKERS

(a) LIFE ESTATE FOR

F4u\ULY.--The 20

15 acre land assignment on the Hoopa Valley Reservation made 16 by the Hoopa Area Field Office of the Bureau of Indian Al17 fairs on August 25, 1947, to the Smokers family shall contin18 ue in effect and may pass by descent or devise to any blood 19 relative or relatives of one-fourth or more Indian blood of 20 those family members domiciled on the assignment on the 21 date of enactment of this Act.
22 23
-

(b)

RANCHERIA

MERGER

WITH YUROK TRIBE.--If

two-thirds of the adult members of the Resighini, Trinidad,

24 Big Lagoon, Blue Lake, Smith River, Elk Valley, or Tolowa 25 Rancherias vote in an election conducted by the Secretary to

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25

1 merge with the Yurok Tribe and if the Yurok Tribe consents 2 to such merger, the tribes and reservations of those rancher3 ias so voting shall be extinguished and the lands of such res4 ervations shall be part of the Yurok Reservation with the 5 unallotted trust land therein held in trust by the United
States for the `Yurok Tribe. The Secretary shall publish in

7 the Federal Register a notice of the effective date of the 8 merger. 9 SEC. 11. KLAMATH RIVER BASIN FISHERIES TASK FORCE. 10 (a) IN GENERAL.--Section 4(c) of the Act entitled "An Act to provide for the restoration of the fishery resources in 12 the Kiamath River Basin, and for other purposes" (16
13 U.S.C. 460ss--3) is amended--

14 15 16 17

(A) in the matter preceding paragraph (1), by striking out "12" and inserting in lieu thereof "14"; -and
-

(B) by inserting at the end thereof the following new paragraphs: "(11) A representative of the Karuk Tribe, who shall be appointed by the governing body of the Tribe,

21 22 23 24

"(12) A representative of the Yurok Tribe, who shall be appointed by the Secretary until such time as the Yurok Tribe is established and federally recognized, upon which time the Yurok Tribe shall appoint such representative beginning with the first appoint-

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24 1 ment ordinarily occurring after the Yurok Tribe

is

2 3

recognized.". (b)
SPECIAL

RuLE.--The initial term of the representa-

4 tive appointed pursuant to section 4(c)(1 1) and (12) of such Act (as added by the amendment made by subsection (a)) 6 shall be for that time which is the remainder of the terms of 7 the members of the Task Force then serving. Thereafter, the term of such representatives shall be 9 4(e) of such Act.
10 SEC. 12. TRIBAL TIMBER SALES PROCEEDS USE.

as

provided in section

11

Section 7 of the Act of June 25, 1910 (36 Stat. 857; 25

12 U.S.C. 407) is amended to read as follows: "SEc. 7. Under

regulations prescribed by the

Secretary

14 of the Interior, the timber on unallotted trust land in Indian
15 reservations or on other land held in trust for tribes may be 16 sold in accordance with the principles of sustained-yield man-

17

agement or to convert the land to a more desirable use. Alter

18 deduction, if any, for administrative expenses under the Act

19 of February 14, 1920 (41 Stat. 415; 25 U.S.C. 413), the 20 proceeds of the sale shall be used-- 21 22 23 24 "(1) as determined by the governing bodies of the tribes concerned and approved by the Secretary, or "(2) in the absense of such a governing body, as determined by the Secretary for the tribe concerned.

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27 25
1 SEC. 13. LIMITATIONS OF ACTIONS; WAIVER OF CLAIMS.

2

(a) Any claim challenging the partition of the joint reser-

3 vation pursuant to section 2 or any other provision of this 4 Act as having effected a taking under the fifth amendment of 5 the United States Constitution or as otherwise having provid6 ed inadequate compensation shall be brought, pursuant to 28 7 U.S.C. 1491 or 28 U.S.C. 1505, in the United States Claims 8 Court. 9 (b)(1) Any such claim by any person or entity, other

10 than the Hoopa Valley Tribe or the Yurok Tribe, shall be 11 forever barred if not brought within the later of 210 days 12 from the date of the partition of the joint reservation as pro13 vided in section 2 or 120 days after the publication in the 14 Federal Register of the option election date as required by 15 section 6(a)(4). 16 (2) Any such claim by the Hoopa Valley Tribe shall be

17 barred 180 days after the date of enactment of this Act or
18 such early date as may be established by the adoption of a

19 resolution waiving such claims pursuant to section 2(a)(2). 20 (3) Any such claim by the Yurok Tribe shall be barred

21 180 days after the general council meeting of the Yurok 22 Tribe as provided in section 9 or such early date as may be 23 established by the adoption of a resolution waiving such claims as provided in section 9(c)(2)(A). 25 (c)(1) The Secretary shall prepare and submit to the

26 Congress a report describing the final decision in any claim
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28 26
1 brought pursuant to subsection (b) against the United States

2 or its officers, agencies, or instrumentalities. 3 (2) Such report shall be submitted no later than 180

4 days after the entry of final judgment in such litigation. The
5 report shall include any recommendations of the Secretary

6 for action b~ Congress, including, but not limited to, any sup7 plemental funding proposals necessary to implement- the 8 terms of this Act and any modifications to the resource and 9 management authorities established by this Act.

0

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