< Back to S. 2723 (100th Congress, 1987–1988)

Text of the Hoopa-Yurok Settlement Act

This bill was enacted after being signed by the President on October 31, 1988. The text of the bill below is as of Oct 31, 1988 (Passed Congress/Enrolled Bill).

102 STAT. 2924                  PUBLIC LAW 100-580—OCT. 31, 1988
                  Public Law 100-580
                  100th Congress
                                                   An Act
 Oct 31 1988      '^^ partition certain reservation lands between the Hoopa Valley Tribe and the
        '            Yurok Indians, to clarify the use of tribal timber proceeds, and for other
   [S. 2723]         purposes.

                   Be it enacted by the Senate and House of Representatives of the
Hoopa-Yurok       United States of America in Congress assembled,
Settlement Act.
25 u s e 1300i.   SECTION 1. SHORT TITLE AND DEFINITIONS.
                    (a) SHORT TITLE.—This Act may be cited as the "Hoopa-Yurok
                  Settlement Act".
                    (b) DEFINITIONS.—For the purposes of this Act, the term—
                         (1) "Escrow funds" means the moneys derived from the joint
                       reservation which are held in trust by the Secretary in the
                      accounts entitled—
                              (A) "Proceeds of Labor-Hoopa Valley Indians-California
                            70 percent Fund, account number J52-561-7197";
                              (B) "Proceeds of Labor-Hoopa Valley Indians-California 30
                            percent Fund, account number J52-561-7236";
                              (C) "Proceeds of Klamath River Reservation, California,
                            account number J52-562-7056";
                              (D) "Proceeds of Labor-Yurok Indians of Lower Klamath
                            River, California, account number J52-562-7153";
                              (E) "Proceeds of Labor-Yurok Indians of Upper Klamath
                            River, California, account number J52-562-7154";
                              (F) "Proceeds of Labor-Hoopa Reservation for Hoopa
                            Valley and Yurok Tribes, account number J52-575-7256";
                            and
                              (G) "Klamath River Fisheries, account number
                            5628000001";
                         (2) "Hoopa Indian blood" means that degree of ancestry
                      derived from an Indian of the Hunstang, Hupa, Miskut, Red-
                      wood, Saiaz, Sermalton, Tish-Tang-Atan, South Fork, or Grouse
                       Creek Bands of Indians;
                         (3) "Hoopa Valley Reservation" means the reservation
                       described in section 20?) of this Act;
                         (4) "Hoopa Valley Tribe" means the Hoopa Valley Tribe,
                       organized under the constitution and 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, (CI. 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 Res-
                       ervation in section 2(c) of this Act.

PUBLIC LAW 100-580—OCT. 31, 1988 102 STAT. 2925 (7) "Karuk Tribe" means the Karuk Tribe of California, organized under its constitution on April 6,1985; (8) "Secretary" means the Secretary of the Interior; (9) "Settlement Fund" means the Hoopa-Yurok Settlement Fund established pursuant to section 4; (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, (CI. Ct. No. 102-63); Charlene Ackley v. United States, (CI. Ct. No. 460-78); Bret Aanstadt v. United States, (CI. Ct. No. 146-85L); and Norman Giffen v. United States, (CI. Ct. No. 746-85L); (12) "Short plaintiffs" means named plaintiffs in the Short CEises; (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 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 recog- nized and authorized to be organized pursuant to section 9 of this Act. SEC. 2. RESERVATIONS; PARTITION AND ADDITIONS. 25 u s e 1300i-l. (a) PARTITION OF THE JOINT RESERVATION.—(1) Effective with the publication in the Federal Register of the Hoopa tribal resolution as provided in paragraph (2), the joint reservation shall be partitioned as provided in subsections (b) and (c). (2XA) The partition of the joint reservation as provided in this subsection, and the ratification and confirmation as provided by section 8, shall not become effective unless, within 60 days after the date of the enactment of this Act, the Hoopa Valley Tribe shall adopt, and transmit to the Secretary, a tribal resolution: (i) waiving any claim such tribe may have against the United States arising out of the provisions of this Act, and (ii) affirming tribal consent to the contribution of Hoopa Escrow monies to the Settlement Fund, and for their use as payments to the Yurok Tribe, and to individual Yuroks, as provided in this Act. (B) The Secretary, after determining the validity of the resolution Federal transmitted pursuant to subparagraph (A), shall cause such resolu- Register, tion to be printed in the Federal Register. publication. Ot)) HOOPA VALLEY RESERVATION.—Effective with the partition of the joint reservation as provided in subsection (a), the area of land known as the "square" (defined as the Hoopa Valley Reservation established under section 2 of the Act of April 8, 1864 (13 Stat. 40), the Executive Order of June 23, 1876, and Executive Order 1480 of February 17, 1912) shall thereafter be recognized and established as the Hoopa Valley Reservation. The unallotted trust land and assets of the Hoopa Valley Reservation shall thereafter be held in trust by the United States for the benefit of the Hoopa Valley Tribe.
102 STAT. 2926 PUBLIC LAW 100-580—OCT. 31, 1988 (c) YuROK RESERVATION.—(1) Effective with the partition of the joint reservation as provided in subsection (a), the area of land known as the "extension" (defined as the reservation extension under the Executive Order of October 16, 1891, but excluding the Resighini Rancheria) shall thereafter be recognized and established as the Yurok Reservation. The unallotted trust land and assets of the Yurok Reservation shall thereafter be held in trust by the United States for the benefit of the Yurok Tribe. National Forest (2) Subject to all valid existing rights and subject to the adoption System. of a resolution of the Interim Council of the Yurok Tribe as provided in section 9(dX2), all right, title, and interest of the United States— (A) to all national forest sjrstem lands within the Yurok Reservation, and (B) to that portion of the Yurok Experimental Forest described as Township 14 N., Range 1 E., Section 28, Lot 6: that portion of Lot 6 east of U.S. Highway 101 and west of the Yurok Experimental Forest, comprising 14 acres more or less and including all permanent structures thereon, shall thereafter be held in trust by the United States for the benefit of the Yurok Tribe and shall be part of the Yurok Reservation. (3XA) Pursuant to the authority of sections 5 and 7 of the Indian Reorganization Act of June 18, 1934 (25 U.S.C. 465, 467), the Sec- retary may acquire from willing sellers lands or interests in land, including rights-of-way for access to trust lands, for the Yurok Tribe or its members, and such lands may be declared to be part of the Yurok Reservation. (B) From amounts authorized to be appropriated by the Act of November 2,1921 (42 Stat. 208; 25 U.S.C. 13), the Secretary shall use not less than $5,000,000 for the purpose of acquiring lands or interests in lands pursuant to subparagraph (A). No lands or interests in lands may be acquired outside the Yurok Reservation with such funds except lands adjacent to and contiguous with the Yurok Reservation or for purposes of exchange for lands within the reservation. (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); (C) the land acquisition authorities in paragraph (3); and (D) the organizational authorities of section 9 shall not be effective unless and until the Interim Council of the Yurok Tribe has adopted a resolution waiving any claim such tribe may have against the United States arising out of the provisions of this Act. (d) BOUNDARY CLARIFICATIONS OR CORRECTIONS.—(1) The boundary between the Hoopa Valley Reservation and the Yurok Reservation,
PUBLIC LAW 100-580—OCT. 31, 1988 102 STAT. 2927 after the partition of the joint reservation as provided in this section, shall be the line established by the Bissel-Smith survey. (2) Upon the partition of the joint reservation as provided in this Federal section, the Secretary shall publish a description of the boundaries Register, of the Hoopa Valley Reservation and Yurok Reservation in the publication. Federal Register. (e) MANAGEMENT OP THE YUROK RESERVATION.—^The Secretary shall be responsible for the management of the unallotted trust land and assets of the Yurok Reservation until such time as the Yurok Tribe has been organized pursuant to section 9. Thereafter, those lands and assets shall be administered as tribal trust land and the Yurok reservation governed by the Yurok Tribe as other reserva- tions are governed by the tribes of those reservations. (f) CRIMINAL AND CIVIL JURISDICTION.—^The Hoopa Valley Reserva- tion and Yurok Reservation shall be subject to section 1360 of title 28, United States Code; section 1162 of title 18, United States Code, and section 403(a) of the Act of April 11,1968 (82 Stat. 79; 25 U.S.C. 1323(a)) SEC. 3. PRESERVATION OF SHORT CASES. 25 u s e 1300i-2. Nothing in this Act shall affect, in any manner, the entitlement established under decisions of the United States Claims Court in the Short cases or any final ju(^^gment which may be rendered in those cases. SEC. 4. HOOPA-YUROK SETTLEMENT FUND. 25 u s e 1300i-3. (a) ElsTABUSHMENT.—(1) There is hereby established the Hoopa- Yurok Settlement Fund. Upon enactment of this Act, the Secretary shall cause all the funds in the escrow funds, t(^ether with all accrued income thereon, to be deposited into the Settlement Fund. (2) Until the distribution is made to the Hoopa Valley Tribe pursuant to section (c), the Secretary may distribute to the Hoopa Valley Tribe, pursuant to the provision of title I of the Department of the Interior and related Agencies Appropriations Act, 1985, under the heading "Bureau of Indian Affairs" and subheadii^ "Tribal Trust Funds" at 98 Stat. 1849 (25 U.S.C. 123c), not to exceed $3,500,000 each fiscal year out of the income or principal of the Settlement Fund for tribal, non per capita purposes: Provided^ however. That the Settlement Fund apportioned under subsections (cj and (d) shall be calculated without r^ard to this subparagraph, but any amounts distributed under this subparagraph shall be deducted from the payment to the Hoopa Valley Tnbe pursuant to subsection (c). (3) Until the distribution is made to the Yurok Tribe pursuant to section (d), the Secretary may, in addition to providing Federal funding, distribute to the Yurok Transition Team, pursuant to provision of title I of the Department of the Interior and Related Agencies Appropriations Act, 1985, under the heading "Bureau of Indian Affairs" and subheading "Tribal Trust Funds" at 98 Stat. 1849 (25 U.S.C. 123c), not to exceed $500,000 each fiscal year out of the income and principal of the Settlement Fund for tribal, non per capita purposes: Pmvidedy however. That the Settlement Fund apportioned under subsections (c) and (d) shall be calculated without r^ard to this subparagraph, but any amounts distributed under this subparagraph shall be deducted from the payment to the Yurok Tribe pursuant to subsection (d).
102 STAT. 2928 PUBLIC LAW 100-580—OCT. 31, 1988 (b) DISTRIBUTION; INVESTMENT.—The Secretary shall make dis- tribution from the Settlement Fund as provided in this Act and, pending payments under section 6 and dissolution of the fund as provided in section 7, shall invest and administer such fund as Indian trust funds pursuant to the first section of the Act of June 24, 1938 (52 Stat. 1037; 25 U.S.C. 162a). (c) HooPA VALLEY TRIBE PORTION.—Effective with the publication of the option election date pursuant to section 6(aX4), the Secretary shall immediately pay out of the Settlement Fund into a trust account for the benefit of the Hoopa Valley Tribe a percentage of the Settlement Fund which shall be determined by dividing the number of enrolled members of the Hoopa Valley Tribe as of the date of the promulgation of the Settlement Roll, including any persons enrolled pursuant to section 6, by the sum of the number of such enrolled Hoopa Valley tribal members and the number of persons on the Settlement Roll. (d) YuROK TRIBE PORTION.—Effective with the publication of the option election date pursuant to section 6(aX4), the Secretary shall pay out of the Settlement Fund into a trust account for the benefit of the Yurok Tribe a percentage of the Settlement Fund which shall be determined by dividing the number of persons on the Settlement Roll electing the Yurok Tribal Membership Option pursuant to section 6(c) by the sum of the number of the enrolled Hoopa Valley tribal members established pursuant to subsection (c) and the number of persons on the Settlement Roll, less any amount paid out of the Settlement Fund pursuant to section 6(cX3). Appropriation (e) FEDERAL SHARE.—There is hereby authorized to be appro- authorization, priated the sum of $10,000,000 which shall be deposited into the Settlement Fund after the payments are made pursuant to subsec- tions (c) and (d) and section 6(c). The Settlement Fund, including the amount deposited pursuant to this subsection and all income earned subsequent to the pajmaents made pursuant to subsections (c) and (d) and section 6(c), shall be available to make the payments authorized by section 6(d). 25 u s e 1300i-4. SEC. 5. HOOPA-YUROK SETTLEMENT ROLL. (a) PREPARATION; EUGIBILTTY CRITERIA.—(1) The Secretary shall prepare a roll of all persons who can meet the criteria for eligibility as an Indian of the Reservation and— (A) who were bom on or prior to, and living upon, the date of enactment of this Act; (B) who are citizens of the United States; and (C) who were not, on August 8,1988, enrolled members of the Hoopa Valley Tribe. (2) The Secretary's determination of eligibility under this subsec- tion shall be final except that any Short plaintiff determined by the United States Claims (Jourt to be an Indian of the Reservation shall be included on the Settlement Roll if they meet the other require- ments of this subsection and any Short plaintiff determined by the United States Claims Court not to be an Indian of the Reservation shall not be eligible for inclusion on such roll. (b) RIGHT TO APPLY; NOTICE.—Within thirty days after the date of enactment of this Act, the Secretary shall give such notice of the right to apply for enrollment as provided in subsection (a) as he deems reasonable except that such notice shall include, but shall not be limited to—
PUBLIC LAW 100-580—OCT. 31, 1988 102 STAT. 2929 (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. Contemporaneous with providing the notice required by this subsec- Federal tion, the Secretary shall publish such notice in the Federal Register. Register, publication. (c) APPUCATION DEADUNE.—The deadline for application pursuant to this section shall be established at one hundred and twenty days after the publication of the notice by the Secretary in the Federal Register as required by subsection (b). (d) EuGiBiLiTY DETERMINATION; FINAL ROLX..—(1) The Secretary Federal shall make determinations of eligibility of applicants under this Register, section and publish in the Federal Register the final Settlement Roll publication. of such persons one hundred and eighty days after the date estab- lished pursuant to subsection (c). (2) The Secretary shall develop such procedures and times as may be necessary for the consideration of appeals from applicants not included on the roll published pursuant to paragraph (1). Successful appellants shall be added to the Settlement Roll and shall be afforded the right to elect options as provided in section 6, with any payments to be made to such successful appellants out of the remainder of the Settlement Fund after payments have been made pursuant to section 6(d) and prior to division pursuant to section 7. (3) Persons added to the Settlement Roll pursuant to appeals under this subsection shall not be considered in the calculations made pursuant to section 4. (e) EFFECT OF EXCLUSION FROM ROLL.—No person whose name is not included on the Settlement Roll shall have any interest in the tribal, communal, or unallotted land, property, resources, or rights within, or appertaining to, the Hoopa Valley Tribe, the Hoopa Valley Reservation, the Yurok Tribe, or the Yurok Reservation or in the Settlement Fund unless such person is subsequently enrolled in the Hoopa Valley Tribe or the Yurok Tribe under the membership criteria and ordinances of such tribes. SEC. 6. ELECTION OF SETTLEMENT OPTIONS. 25 u s e 1300i-5. (a) NOTICE OF SETTLEMENT OPTIONS.—(1) Within sixty days after Mail. the publication of the Settlement Roll as provided in section 5(d), the Secretary shall give notice by certified mail to each person eighteen years or older on such roll of their right to elect one of the settlement options provided in this section. (2) The notice shall be provided in easily understood language, but shall be as comprehensive as possible and shall provide an objective assessment of the advantages and disadvantages of each of the options offered. The notice shall EIISO provide information about the counseling services which will be made available to inform individ- uals about the respective rights and benefits associated with each option presented under this section. It shall also clarify that on election the Lump Sum Payment option requires the completion of a sworn affidavit certifying that the individual has been provided with complete information about the effects of such an election. (3) With respect to minors on the Settlement Roll the notice shall Children and state that minors shall be deemed to have elected the option of youth. section 6(c), except that if the parent or guardian furnishes proof satisfactory to the Secretary that a minor is an enrolled member of
102 STAT. 2930 PUBLIC LAW 100-580—OCT. 31, 1988 a tribe that prohibits members from enrolling in other tribes, the parent or guardian shall make the election for such minor. A minor subject to the provisions of section 6(c) shall, notwithstanding any other law, be deemed to be a child of a member of an Indian tribe regardless of the option elected pursuant to this Act by the minor's parent. With respect to minors on the Settlement Roll whose parent or guardian is not also on the roll, notice shall be given to the parent or guardian of such minor. The funds to which such minors are entitled shall be held in trust by the Secretary until the minor reaches age 18. The Secretary shall notify and provide payment to such person including all interest accrued. (4)(A) The notice shall also establish the date by which time the election of an option under this section must be made. The Secretary shall establish that date as the date which is one hundred and twenty days after the date of the publication in the Federal Register as required by section 5(d). (B) Any person on the Settlement Roll who has not made an election by the date established pursuant to subparagraph (A) shall be deemed to have elected the option provided in subsection (c). (b) HooPA TRIBAL MEMBERSHIP OPTION.—(1) Any person on the Settlement Roll, eighteen years or older, who can meet any of the enrollment criteria of the Hoopa Valley Tribe set out in the decision of the United States Court of Claims in its March 31, 1982, decision in the Short case (No. 102-63) as "Schedule A", "Schedule B", or "Schedule C" and who— (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 Reserva- tion 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, may elect to be, and, upon such election, shall be entitled to be, enrolled as a full member of the Hoopa Valley Tribe. (2) Notwithstanding any provision of the constitution, ordinances or resolutions of the Hoopa Valley Tribe to the contrary, the Sec- retary shall cause any entitled person electing to be enrolled as a member of the Hoopa Valley Tribe to be so enrolled and such person shall thereafter be entitled to the same rights, benefits, and privi- leges as any other member of such tribe. Claims. (3) The Secretary shall determine the quantum of "Indian blood" Jesse Short. or "Hoopa Indian blood", if any, of each person enrolled in the Hoopa Valley Tribe under this subsection pursuant to the criteria established in the March 31, 1982, decision of the United States Court of Claims in the case of Jesse Short et al. v. United States, (CI. Ct. No. 102-63). (4) Any person making an election under this subsection shall no longer have any right or interest whatsoever in the tribal, com- munal, or unallotted land, property, resources, or 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 of the Yurok Tribe and shall be entitled to participate in the organization of such tribe as provided in section 9. Claims. (2) All persons making an election under this subsection shall Jesse Short. form the base roll of the Yurok Tribe for purposes of organization
PUBLIC LAW 100-580—OCT. 31, 1988 102 STAT. 2931 pursuant to section 9 and the Secretary shall determine the quan- tum of "Indian blood" if any pursuant to the criteria established in the March 31,1982, decision of the United States Court of Claims in the case of Jesse Short et al. v. United States, (CI. a . No. 102-63). (3) The Secretary, subject to the provisions of section 7 of the Act of October 19, 1973 (87 Stat. 466), as amended (25 U.S.C. 1407), shall pay to each person making an election under this subsection, $5,000 out of the Settlement Fund for those persons who are, on the date established pursuant to section 6(aX4), below the age of 50 years, and $7,500 out of the Settlement Fund for those persons who are, on that date, age 50 or older. (4) ^ y person making an election under this subsection shall no longer have any right or interest whatsoever in the tribal, com- munal, or unallotted land, property, resources, or rights within, or appertaining to, the Hoopa VaUey Reservation or the Hoopa Valley TVibe or, except to the extent authorized by paragraph (3), in the Settlement Fund. Any such person shall also be deemed to have granted to members of the Interim Council established under sec- tion 9 an irrevocable proj^ directing them to approve a proposed resolution waiving any claim the Yurok Tribe may have against the United States arising out of the provisions of this Act, and granting tribal consent as provided in section 9(dX2). (d) LUMP SUM PAYMENT OPTION.—(1) Any person on the Settle- ment Roll may elect to receive a lump sum payment from the Settlement Fund and the Secretary shall pay to each such person the amount of $15,000 out of the Settlement Fund: Provided, That such individual completes a sworn affidavit certifying that he or she has been afforded the opportunity to participate in counseling which the Secretary, in consultation with the Hoopa Tribal Council or Yurok Transition Team, shall provide. Such counseling shall pro- vide a comprehensive explanation of the effects of such election on the individual making such election, and on the tribal enrollment rights of that persons children and descendants who would other- wise be eligible for membership in either the Hoopa or Yurok Tribe. (2) The option to elect a lump sum payment under this section is provided solely as a mechanism to resolve the complex litigation and other special circumstances of the Hoopa Valley Reservation and the tribes of the reservation, and shall not be construed or treated as a precedent for any future l^islation. (3) Any person making an election to receive, and having received, a lump sum payment under this subsection shaill not thereafter have any interest or right whatsoever in the tribal, communal, or unallotted land, property, resources, or rights within, or appertain- ing to, the Hoopa Valley Reservation, the Hoopa Valley Tribe, the Yurok Reservation, or the Yurok Tribe or, except authorized by paragraph (1), in the Settlement Fund. SEC. 7. DIVISION OF SETTLEMENT FUND REMAINDER 25 USC 1300i-6. (a) Any funds remaining in the Settlement Fund after the pay- ments authorized to be made therefrom by subsections (c) and (d) of section 6 and any payments made to successful appellants pursuant to section 5(d) shall be paid to the Yurok Tribe and shall be held by the Secretary in trust for such tribe. (b) Funds divided pursuant to this section and any funds appor- tioned to the Hoopa Valley Tribe and the Yurok Tribe pursuant to subsections (c) and (d) of section 4 shall not be distributed per capita to any individual before the date which is 10 years after the date on
102 STAT. 2932 PUBLIC LAW 100-580—OCT. 31, 1988 which the division is made under this section: Provided, however, That if the Hoopa Valley Business Council shall decide to do so it may distribute from the funds apportioned to it a per capita pay- ment of $5,000 per member, pursuant to the Act of August 2, 1983 (25 U.S.C. 117a et seq.). 25 u s e 1300i-7. SEC. 8. HOOPA VALLEY TRIBE; CONFIRMATION OF STATUS. The existing govening documents of the Hoopa Valley Tribe and the governing body established and elected thereunder, as here- tofore recognized by the Secretary, are hereby ratified and confirmed. 25 u s e 1300i-8. SEC. 9. RECOGNITION AND ORGANIZATION OF THE YUROK TRIBE. (a) YuROK TRIBE.—(1) Those persons on the Settlement Roll who made a valid election pursuant to subsection (c) of section 6 shall constitute the base membership roll for the Yurok Tribe whose status as an Indian tribe, subject to the adoption of the Interim Council resolution as required by subsection (dX2), is hereby ratified and confirmed. (2) The Indian Reorganization Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461 et seq.), as amended, is hereby made applicable to the Yurok Tribe and the tribe may organize under such Act as provided in this section. (3) Within thirty days (30) after the enactment of this Act the Secretary, after consultation with the appropriate committees of Congress, shall appoint five (5) individuals who shall comprise the Yurok Transition Team which, pursuant to a budget approved by the Secretary, shall provide counseling, promote communication with potential members of the Yurok Tribe concerning the provi- sions of this Act, and shall study and investigate programs, resources, and facilities for consideration by the Interim Council. Any property acquired for or on behalf of the Yurok Transition Team shall be held in the name of the Yurok Tribe. db) INTERIM COUNCIL; ESTABUSHMENT.—There shall 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 this Act, including the organiza- tional provisions of this section, and subject to subsection (d) shall be the governing body of the tribe until such time as a tribal council is elected under a constitution adopted pursuant to subsection (e). (c) GENERAL COUNCIL; ELECTION OF INTERIM COUNCIL.—(1) Within 30 days after the date established pursuant to section 6(aX4), the Secretary shall prepare a list of all persons eighteen years of age or older who have elected the Yurok Tribal Membership Option pursu- ant to section 6(c), which persons shall constitute the eligible voters of the Yurok Tribe for the purposes of this section, and shall provide written notice to such persons of the date, time, purpose, and order of procedure for the general council meeting to be scheduled pursu- ant to paragraph (2) for the consideration of the nomination of candidates for election to the Interim Council. (2) Not earlier than 30 days before, nor later than 45 days after, the notice provided pursuant to paragraph (1), the Secretary shall convene a general council meeting of the eligible voters of the Yurok Tribe on or near the Yurok Reservation, to be conducted under such order of procedures as the Secretary determines appropriate, for the nomination of candidates for election of members of the Interim
PUBLIC LAW 100-580—OCT. 31, 1988 102 STAT. 2933 Council. No person shall be eligible for nomination who is not on the list prepared pursuant to this section. (3) Within 45 days after the general council meeting held pursu- ant to paragraph (2), the Secretary shall hold an election by secret ballot, with absentee balloting £ind write-in voting to be permitted, to elect the five members of the Interim Council from among the nominations submitted to him from such general council meeting. The Secretary shall assure that notice of the time and place of such election shall be provided to eligible voters a t least fifteen days before such election. (4) The Secretary shall certify the results of such election and, as soon as possible, convene an organizational meeting of the newly- elected members of the Interim Council and shall provide such advice and assistance as may be necessary for such organization. (5) Vacancies on the Interim Council shall be filled by a vote of the remaining members. (d) INTERIM COUNCIL; AUTHORITIES AND DISSOLUTION.—(1) The Interim Council shall have no powers other than those given to it by this Act. (2) The Interim Council shall have full authority to adopt a resolution— (i) waiving any claim the Yurok Tribe may have against the United States arising out of the provision of this Act, and (ii) affirming tribal consent to the contribution of Yurok Escrow monies to the Settlement Fund, and for their use as payments to the Hoopa Tribe, and to individual Hoopa mem- bers, as provided in this Act, and (iii) to receive grants from, and enter into contracts for, Federal programs, including those administered by the Sec- retary and the Secretary of Health and Human Services, with respect to Federal services and benefits for the tribe and its members. (3) The Interim Council shall have such other powers, authorities, functions, and responsibilities as the Secretary may recognize, except that any contract or legal obligation that would bind the Yurok Tribe for a period in excess of two years from the date of the certification of the election by the Secretary shall be subject to disapproval and cancellation by the Secretary if the Secretary deter- mines that such a contract or legal obligation is unnecessary to improve housing conditions of members of the Yurok Tribe, or to obtain other rights, privileges or benefits that are in the long-term interest of the Yurok Tribe. (4) The Interim Council shall appoint, as soon as practical, a drafting committee which shall be responsible, in consultation with the Interim Council, the Secretary and members of the tribe, for the preparation of a draft constitution for submission to the Secretary pursuant to subsection (e). (5) The Interim Council shall be dissolved effective with the election and installation of the initial tribe governing body elected pursuant to the constitution adopted under subsection (e) or a t the end of two years after such installation, whichever occurs first. (e) ORGANIZATION OF YUROK TRIBE.—Upon written request of the Interim Council or the drafting committee and the submission of a draft constitution as provided in paragraph (4) of subsection (d), the Secretary shall conduct an election, pursuant to the provisions of the Indian Reorganization Act of June 18,1934 (25 U.S.C. 461 et seq.) and rules and r^ulations promulgated thereunder, for the adoption
102 STAT. 2934 PUBLIC LAW 100-580—OCT. 31, 1988 of such constitution and, working with the Interim Council, the election of the initial tribal governing body upon the adoption of such constitution. 25 u s e 1300i-9. SEC. 10. ECONOMIC DEVELOPMENT. (a) PLAN FOR ECONOMIC SELF-SUFFICIENCY.—The Secretary shall— (1) enter into negotiations with the Yurok Transition Team and the Interim Council of the Yurok Tribe with respect to establishing a plan for economic development for the tribe; and (2) in accordance with this section and not later than two years after the date of enactment of this Act, develop such a plan. (3) upon the approval of such plan by the Interim Council or tribal governing body (and after consultation with the State and local officials pursuant to subsection Qi) of this section), the Secretary shall submit such plan to the Congress. (b) CONSULTATION WITH STATE AND LOCAL OFFICIALS REQUIRED.— To assure that legitimate State and local interests are not preju- diced by the proposed economic self-sufficiency plan, the Secretary shall notify and consult with the appropriate officials of the State and all appropriate local governmental officials in the State. The Secretary shall provide complete information on the proposed plan to such officials, including the restrictions on such proposed plan imposed by subsection (c) of this section. During any consultation by the Secretary under this subsection, the Secretary shall provide such information as the Secretary may possess, and shall request comments and additional information on the extent of any State or local service to the tribe. (c) RESTRICTIONS TO B E CONTAINED IN PLAN.—Any plan developed by the Secretary under subsection (a) of this section shall provide that— (1) any real property transferred by the tribe or any member to the Secretary shall be taken and held in the name of the United States for the benefit of the tribe; (2) any real property taken in trust by the Secretary pursuant to such plan shall be subject to— (A) all legal rights and interests in such land existing at the time of the acquisition of such land by the Secretary, including any lien, mortgage, or previously levied and outstanding State or local tax; (B) foreclosure or sale in accordance with the laws of the State pursuant to the terms of any valid obligation in existence at the time of the acquisition of such land by the Secretary; and (3) any real property transferred pursuant to such plan shall be exempt from Federal, State, and local taxation of any kind. (d) APPENDIX TO PLAN SUBMITTED TO THE CONGRESS.—The Sec- retary shall append to the plan submitted to the Congress under subsection (a) of this section a detailed statement— (1) naming each individual and official consulted in accord- ance with subsection (b) of this section; (2) summarizing the testimony received by the Secretary pursuant to any such consultation; and (3) including any written comments or reports submitted to the Secretary by any party named in paragraph (1).
PUBLIC LAW 100-580—OCT. 31, 1988 102 STAT. 2935 SEC. 11. SPECIAL CONSIDERATIONS. 25 USC 13001-10. (a) ElsTATE FOR SMOKERS FAMILY.—The 20 acre land assignment on the Hoopa Valley Reservation made by the Hoopa Area Field Office of the Bureau of Indian Affairs on August 25, 1947, to the Smokers family shall continue in effect and may pass by descent or devise to any blood relative or relatives of one-fourth or more Indian blood of those family members domiciled on the assignment on the date of enactment of this Act. (b) RANCHERIA MERGER WITH YUROK TRIBE.—If a majority of the adult members of any of the following Rancherias at Resighini, Trinidad, or Big Lagoon, vote to merge with the Yurok Tribe in an election which shall be conducted by the Secretary within ninety days £ifter the date of enactment of this Act, the tribes and reserva- tions of those rancherias so voting shall be extinguished and the lands and members of such reservations shall be part of the Yurok Reservation with the unallotted trust land therein held in trust by the United States for the Yurok Tribe: Provided, however, That the existing governing documents and the elected governing bodies of any rancherias voting to merge shall continue in effect until the election of the Interim Council pursuant to section 9. The Secretary Federal shall publish in the Federal Register a notice of the effective date of Register, the merger. publication. (C) P ^ E R V A T I O N OF LEASEHOLD AND ASSIGNMENT RiGHTS OF RANCHERIA RESIDENTS.—Real property on any rancheria that merges with the Yurok Reservation pursuant to subsection 0)) that is, on the date of enactment of this Act, held by any individual imder a lease shall continue to be governed by the terms of the lease, and any land assignment existing on the date of the enact- ment of this Act shall continue in effect and may pass by descent or devise to any blood relative or relatives of Indian blood of the assignee. SEC. 12. KLAMATH RIVER BASIN FISHERIES TASK FORCE. (a) I N GENERAL.—Section 4(c) of the Act entitled "An Act to provide for the restoration of the fishery resources in the Klamath River Basin, and for other purposes" (16 U.S.C. 460ss-3) is amended— (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, "(12) A representative of the Yurok Tribe, who shall be appointed by the Secretary until such time as the Yurok Tribe is organized upon which time the Yurok Tribe shall appoint such representative beginning with the first appointment ordi- narily occurring after the Yurok Tribe is organized". G)) SPECIAL RULE.—The initial term of the representative l6USC460ss-3 appointed pursuant to section 4(c) (11) and (12) of such Act (as added no*©. by the amendment made by subsection (a)) shall be for that time which is the remainder of the terms of the members of the Task Force then serving. Thereafter, the term of such representatives shsdl be as provided in section 4(e) of such Act.
102 STAT. 2936 PUBLIC LAW 100-580—OCT. 31, 1988 SEC. 13. TRIBAL TIMBER SALES PROCEEDS USE. Section 7 of the Act of June 25,1910 (36 Stat. 857; 25 U.S.C. 407) is amended to read as follows: "SEC. 7. Under regulations prescribed by the Secretary of the Interior, the timber on unallotted trust land in Indian reservations or on other land held in trust for tribes may be sold in accordance with the principles of sustained-3deld management or to convert the land to a more desirable use. After deduction, if any, for adminis- trative expenses under the Act of February 14, 1920 (41 Stat. 415; 25 U.S.C. 413), the proceeds of the sale shall be used— "(1) as determined by the governing bodies of the tribes concerned and approved by the Secretary, or "(2) in the absence of such a governing body, as determined by the Secretary for the tribe concerned.". 25 u s e 13001-11. SEC. 14. LIMITATIONS OF ACTIONS; WAIVER OF CLAIMS. (a) Any claim challenging the partition of the joint reservation pursuant to section 2 or any other provision of this Act as having effected a taking under the fifth amendment of the United States Constitution or as otherwise having provided inadequate compensa- tion shall be brought, pursuant to 28 U.S.C. 1491 or 28 U.S.C. 1505, in the United States Claims Court. fl))(l) Any such claim by any person or entity, other than the Hoopa Valley Tribe or the Yurok Tribe, shall be forever barred if not brought within the later of 210 days from the date of the partition of the joint reservation as provided in section 2 or 120 days after the publication in the Federal Register of the option election date as required by section 6(a)(4). (2) Any such claim by the Hoopa Valley Tribe shall be barred 180 days after the date of enactment of this Act or such earlier date as may be established by the adoption of a resolution waiving such claims pursuant to section 2(a)(2). (3) Any such claim by the Yurok Tribe shall be barred 180 days after the general council meeting of the Yurok Tribe as provided in section 9 or such earlier date as may be established by the adoption of a resolution waiving such claims as provided in section 9(dX2). Reports. (cXl) The Secretary shall prepare and submit to the Congress a report describing the final decision in any claim brought pursuant to subsection (b) against the United States or its officers, agencies, or instrumentalities. (2) Such report shall be submitted no later than 180 days after the entry of final judgment in such litigation. The report shall include any recommendations of the Secretary for action by Congress, including, but not limited to, any supplemental funding proposals necessary to implement the terms of this Act and any modifications to the resource and management authorities established by this Act. Notwithstanding the provisions of 28 U.S.C. 2517, any judgment
PUBLIC LAW 100-580—OCT. 31, 1988 102 STAT. 2937 entered against the United States shall not be paid for 180 days after the entry of judgment; and, if the Secretary of the Interior submits a report to Congress pursuant to this section, then payment shall be made no earlier than 120 days after submission of the report. Approved October 31, 1988. LEGISLATIVE HISTORY—S. 2723 (H.R. 4469): HOUSE REPORTS: No. 100-938, Pt. 1, accompanying H.R. 4469 (Ck)mm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-564 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 134 (1988): Sept. 30, considered and passed Senate. Oct. 3, 4, considered and passed House.