Hoopa appendix supporting summary judgment - Schlosser Law Files

More documents

Recommendations

Info

YIJROK TRII3E -- ~ ~ ~ ~ 15900 Hwy 101 N • Kiamath CA 95548 1034 6th Street Eureka CA 955C1 (707) 4-82 2921 (707) 444-0433 • - •. FAX (707) 482-9465 FAX (707) 444-0437 BACKGROUND Yurok Waiver Now Effe~tivefor Distribution of Settlement Fund and. Acreage • Pursuant to the HoOpa-YurokSettlernent Act - . . Hoo~a-YurokSettlement Act • . In 1988 Congress passed the Hoopa—Yurok Settlement Act, 25 U.S.C.l301i~et ~ (“HYSA.~). The NYSA pa±titionedthe farther 5oint Reservation i~itotwo separate Reservations. Accordirigthe the fede~al courts, prior to partition of the former Hoopa Valley Reservation under the HYSA, •there was one single Reservation, and the Hoops and Yurok Trib~es.enjoyedcornrnunal ~wnership of the lands and resources of the 90,000 acr•ejoint..Reser~ation. The ~YSA gave the Hôopa .T~ibe exclusive use and benefit of the 87,000acres of unallotted trust lands~.assets and timber resources of the valley area of the Reserv~ti.on. The HYSA relegated the much larger Yurok Tribe to the Klarnath river area of the Reservation, which contains oaly afew~housand acres of trust land anda fishety inadequate to provide even for the rninir~al subsistence neeas of Yurok Tribaj. members The J~YSAalso a Settlement Fund to be paid the Yurok Tr~be, and provided for the go~ernment’spurchase of additional acreage • forthe.YurokTrlbe.. This Fund and acteage ~ere to be delivered • to the .Yu~okTribe u~oh.the Tribe’s, waiver of its Fifth Amendment claim foran unconstitutioiial~taking without..just compensation, which claim Congress anticipated. 25 U.S.C.1301i—1(c). Upon the waiver., the Tribe is.; to recei~ie.: . .. Distribution of the Settlement Fund, and * All right, title, and interest to all national forest system lands within the Yu~okReservation, (approx~mate1y 3,000 •0, •• • . * Specified portions of the Yurok Exper~menta1 Forest, ~art of. which-shall be held in trust by the United States as part ~of:~the:Resérva jofl;~d * Federal expenditure of not less than $5 million to aöquire aa~’id,.intèrests inland, and righ~s-of-wayfor the Tribe ~ .j~ rñeibe±s, ‘to be declared .pa:rt of the Reservation. Such
BACKGROUND April 2, 2001 Page 2 lands must be within ~r contiguous with and adjacent to the Reservation, or if outside the Reservation must be purchased in orcer to exchange zor lands within the Reservation. Final Disposition of Claim for Takin~Without Just Coi~pensation Due to the HYSA’s lopsided division of tribal lands and resources, Congress expressly contemplated that the Yurok Tribe might sue the United St~tesfpr an unconstitutional taking without just compensa~.ion. 25 U.S.C. 0 l30li~ll. The Yurok Tribe in fact brought such a ~uit, along with another Tribe and individual plaintiffs. As of March 26, 2001, the takings claim was finally resolved against the Yurok Tribe when the United States Supreme Court denied without comment the Tribe’s Petition for Writ of Certiorari to the Federal Circuit. This denial let stand the Federal Circuit~s sharply divided 2-1 ruling last year denying the Tribe’s takings clairn~ The Yurok Tr~e~sConditional Waiver As reauired by the HYSA, the~Tribe by Resolution 93—61 timely executed a waiver of claims on November 24, 1993. In light of Congress’ express contemplation of litigation, the waiver ~as conditioned on exhaustion of legal appeals challenging the constitutionality of the HYSA. it reads as follows: 1. To the extent which the Hoopa-Yurok Settlement Act is not violative of the rights of the Yurok Tribe or its — members under the Constitution of the United States, or has not effected a taking without just compensation of vested - Tribal or individual resources, or rights within or apDertaining to the Hoopa Valley Reservation, the Yurok Tribe hereby waives any claim which said Tribe may have against the United States arising out of the provisions of the Hoopa-Yurok Settlement Act. 2. To the extent which the determination of the Yurok Tribe’s share of the Escrow monies defined in the Hoopa- Yurok Settlement Act has not deprived the Tribe or its members of rights secured under the Constitution of the United States, the Yurok hereby affirm its consent to the contribution of the Yurok Escrow monies to the Settlement Fund, and for their use as payments to the Hoopa Tribe and to individual~Roopa mer~bers, as provided in the Hoopa-Yurok Settlement Act. By contrast, the Hoopa Valley Tribe in 1993 unconditionally waived any claims at rights it might have had, and has fully 8535
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
Page 194 and 195: United States Department of the Int
Page 196 and 197: REPORT TO CONGRESS HOOPA-YUROK, Pur
Page 198 and 199: Subsequent to enactment of the Act,
Page 200 and 201: IV. That Congress in coordination w
Page 202 and 203: FINANCIAL INFORMATONA.L SHEET - “
Page 204 and 205: —2— The balance due vas distrib
Page 208 and 209: BACKGROUND April 2, 2001 Page 3 rec
Page 210 and 211: REPORT TO CONGRESS ON THE HOOPA-YUR
Page 212 and 213: In 1892, Congress opened the Kiamat
Page 214 and 215: esource management, and spending of
Page 216 and 217: The HYSA established procedures for
Page 218 and 219: Consistent with this reasoning, the
Page 220 and 221: On April 18, 2000, a sharply divide
Page 222 and 223: the funds. While the balance ofthe
Page 224 and 225: DRAFT REPORT OF THE SECRETARY OF TH
Page 226 and 227: the Kiamath River and Hoopa parcels
Page 228 and 229: No. C 80 2908 TEH (N.D. Cal.). The
Page 230 and 231: the Yurok Reservation on December 7
Page 232 and 233: By memorandum to the Area Director,
Page 234 and 235: United States, 982 F.2d 1312, 1321
Page 236 and 237: claims brought pursuant to 25 U.S.C
Page 238 and 239: secured under the Constitution ofth
Page 240 and 241: After due consideration, the Secret
Page 242 and 243: The existing governing documents of
Page 244 and 245: On February 28, 2001, the Ninth Cir
Page 246 and 247: S. HRG. 107-648 HOOPA-YUROK SETTLEM
Page 248: C O N T E N T S Page Statements: Ca
Page 251 and 252: 2 STATEMENT OF HON. BEN NIGHTHORSE
Page 253 and 254: 4 ership and management of the Squa
Page 255 and 256: 6 The U.S. Court of Federal Claims
Page 257 and 258:
8 is not entitled to further distri
Page 259 and 260:
10 Mr. MCCALEB. Senator, I was hopi
Page 261 and 262:
12 never implemented. For example,
Page 263 and 264:
14 nues derived from one reservatio
Page 265 and 266:
Mr. Schlosser. 16 STATEMENT OF THOM
Page 267 and 268:
18 The committee said while it didn
Page 269 and 270:
20 big conference. In some places t
Page 271 and 272:
22 plus in timber revenues projecte
Page 273 and 274:
24 courts have said. No Indian trib
Page 275 and 276:
26 Be that as it may, we pray Congr
Page 278 and 279:
APPENDIX ADDITIONAL MATERIAL SUBMIT
Page 280 and 281:
31 Unfortunately for all concerned,
Page 349 and 350:
100
Page 351 and 352:
102
Page 358 and 359:
II 108TH CONGRESS 2D SESSION S. 287
Page 360 and 361:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Page 362 and 363:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Page 364 and 365:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Page 366 and 367:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Page 368 and 369:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Page 370 and 371:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Page 372:
1 2 3 4 5 6 7 8 9 10 11 12 15 18 mo
Page 384 and 385:
43 C.F.R. § 4.318, which allows th
Page 386 and 387:
the Assistant Secretary-Indian Affa
Page 388 and 389:
Special Trustee’s letters make no
Page 390 and 391:
In Short VI, plaintiffs pointed to
Page 411:
CERTIFICATE OF SERVICE I hereby cer
show all

Hoopa appendix supporting summary judgment - Schlosser Law Files

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?