Hoopa appendix supporting summary judgment - Schlosser Law Files

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BACKGROUND April 2, 2001 Page 3 rece~ve ~ ~J landsto which it was entitled under the HYSA. The <strong>Hoopa</strong> Tribe has no remaining ~nteresz in the balance of the Settlement Fund or the acreage promised the Yurok Tribe. The Conditional Waiver Is Now Effective By Operation of <strong>Law</strong> As of March 26, 2001, the United States Supreme Court effectively removed the sole condition of the Yurok Tribe’s 1993 Conditional WaiVer. The Fifth Amendment takings claim has been finally and fully resolved by the courts against the Yurok Tribe. As a legal matter, the-re has been no unconstitutional takjnc of Yurok lands and resou~çes. No further legal appeals ~ available. The Yurok Tribe’s waiver, by its terms, is now in full force and effect. Because the sole condition to the Tribe’~ 1993 waiver has been removed; the expressed intent of Congress -— to allow litigation of t takings-claim and to allow distribution of the Settlement Fund and acreage to the Yurok Ttibe upon thefinal waiver of such claim - has now been satisfied. The-Yurok Tribe is flow entitled to receive the Settlement Fund and acreage specified by the HYSA. Proposed Technical Amenthnent to the HYSA to Conf,1~and Secure the Waiver The Yurok waiver is now effective by its ‘own terms and by operation of law. However, should any further certainty be desired, a technical amendment to the HYSA would confirm and secure the waiver and distribution of funds and acreage to the Yurok Tribe. [FIRST OPTION) Eliminate the entirety of Section 1300i—1(c)(4) (D). [SECOND OPTION) After the word “waiving”’in Section l300i—1(c) (4)(D), add the words “or conditionally waiving”. [THIRD OPTION) An additional clause may be added to the end of Section .~...J3QOi—lCc) (4) CD), as follows: or when any cJ.alm contemplated by section iTODi~1T has been finally adjudicated against the ~urok Tribe thereby removing the condition of a conditional waiver adopted by the Tribe:
BACKGROUND April 2, 2001 Page 4 Such an amendment would be encompassed by the provision of the HYSA that requires the Secretary of the Interior to submit a report to Congress after the litigation ends, including recommendations for supplemental funding necessary to implement the Act and for “any modifications to the resource and management authorities” established by the Act. 25 U.S.C.1300i-11(c). 8535
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Electronically Filed April 2, 2008
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Exhibit 12 Notice to Convene Genera
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Exhibit 37 Letter of Special Truste
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2 Account 7153 - Proceeds of Labor,
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App. 4
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3 II 100TH CONGRESS 2D SESSION S. 2
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5 3 1 (4) “Hoopa Valley Tribe”
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7 SEC. 2. RESERVATIONS; PARTITION A
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9 7 1 shall thereafter he held in t
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11 1 SEC. 3. PRESERVATION OF SHORT
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made pursuant to subsections (c) an
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15 13 1 from applicants not include
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1 can meet any of the enrollment cr
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(4) Any person making an election u
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21 19 1 (b) INTERIM CouNcn~EsT~LIsi
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(5) Vacancies on the Interim Counci
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25 1 merge with the Yurok Tribe and
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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 206 and 207: YIJROK TRII3E -- ~ ~ ~ ~ 15900 Hwy
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
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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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