Hoopa appendix supporting summary judgment - Schlosser Law Files

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United States Department of the Interior OFFICE OF THE SECRETARY WASHINGTON, D.C. 20240 The Honorable J. Dennis Hastert Speaker of the House of Representatives Washington, D.C. 20515 MAR 1 52002 Dear Mr. Speaker: Pursuant to Section 14(c) ofthe Hoopa-Yurok Settlement Act, Public Law 100-580, 1 respectfully submit the attached report. The Report includes a general history ofthe Hoopa-Yurok Settlement Act, and recommendations ofthe Department in this regard. - The Act requires that a “Report to Congress” be submitted, following the resolution of any claims brought against the United States which would challenge the constitutionality of the Act. After nearly a decade of litigation on the matter, claims filed by the Yurok Tribe of California, were decided earlierthis year in favor ofthe United States. The conclusion ofthis litigation now triggers the requirement of the Act that this “report” be submitted to Congress. These matters are discussed more fully within the enclosed “report.” Should you have further questions on this matter, please feel free to contact me. Sincerely, Enclosure Assistant Secretary - Indian Affairs
REPORT TO CONGRESS HOOPA.-YUROK Pursuant TO Section 14(c), Public Law 100-580 Submitted by the Secretary of the Interior March 2002
Page 1 and 2: Electronically Filed April 2, 2008
Page 3 and 4: Exhibit 12 Notice to Convene Genera
Page 5 and 6: Exhibit 37 Letter of Special Truste
Page 7 and 8: 2 Account 7153 - Proceeds of Labor,
Page 9 and 10: App. 4
Page 14 and 15: 3 II 100TH CONGRESS 2D SESSION S. 2
Page 16 and 17: 5 3 1 (4) “Hoopa Valley Tribe”
Page 18 and 19: 7 SEC. 2. RESERVATIONS; PARTITION A
Page 20 and 21: 9 7 1 shall thereafter he held in t
Page 22 and 23: 11 1 SEC. 3. PRESERVATION OF SHORT
Page 24 and 25: made pursuant to subsections (c) an
Page 26 and 27: 15 13 1 from applicants not include
Page 28 and 29: 1 can meet any of the enrollment cr
Page 30 and 31: (4) Any person making an election u
Page 32 and 33: 21 19 1 (b) INTERIM CouNcn~EsT~LIsi
Page 34 and 35: (5) Vacancies on the Interim Counci
Page 36 and 37: 25 1 merge with the Yurok Tribe and
Page 38 and 39: 27 25 1 SEC. 13. LIMITATIONS OF ACT
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REPORT TO CONGRESS HOOPA-YUROK, Pur
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Subsequent to enactment of the Act,
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IV. That Congress in coordination w
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FINANCIAL INFORMATONA.L SHEET - “
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—2— The balance due vas distrib
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YIJROK TRII3E -- ~ ~ ~ ~ 15900 Hwy
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BACKGROUND April 2, 2001 Page 3 rec
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REPORT TO CONGRESS ON THE HOOPA-YUR
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In 1892, Congress opened the Kiamat
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esource management, and spending of
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The HYSA established procedures for
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Consistent with this reasoning, the
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On April 18, 2000, a sharply divide
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the funds. While the balance ofthe
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DRAFT REPORT OF THE SECRETARY OF TH
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the Kiamath River and Hoopa parcels
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No. C 80 2908 TEH (N.D. Cal.). The
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the Yurok Reservation on December 7
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By memorandum to the Area Director,
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United States, 982 F.2d 1312, 1321
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claims brought pursuant to 25 U.S.C
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secured under the Constitution ofth
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After due consideration, the Secret
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The existing governing documents of
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On February 28, 2001, the Ninth Cir
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S. HRG. 107-648 HOOPA-YUROK SETTLEM
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C O N T E N T S Page Statements: Ca
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2 STATEMENT OF HON. BEN NIGHTHORSE
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4 ership and management of the Squa
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6 The U.S. Court of Federal Claims
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8 is not entitled to further distri
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10 Mr. MCCALEB. Senator, I was hopi
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12 never implemented. For example,
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14 nues derived from one reservatio
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Mr. Schlosser. 16 STATEMENT OF THOM
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18 The committee said while it didn
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20 big conference. In some places t
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22 plus in timber revenues projecte
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24 courts have said. No Indian trib
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26 Be that as it may, we pray Congr
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APPENDIX ADDITIONAL MATERIAL SUBMIT
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31 Unfortunately for all concerned,
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100
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102
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II 108TH CONGRESS 2D SESSION S. 287
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1 2 3 4 5 6 7 8 9 10 11 12 15 18 mo
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43 C.F.R. § 4.318, which allows th
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the Assistant Secretary-Indian Affa
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Special Trustee’s letters make no
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In Short VI, plaintiffs pointed to
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CERTIFICATE OF SERVICE I hereby cer
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