Hoopa appendix supporting summary judgment - Schlosser Law Files

More documents

Recommendations

Info

the funds. While the balance ofthe Fund, intended for the Yurok Tribe has gro~i to $70 million through accumulated interest/investment, no new post HYSA timber revenues or federal appropriations have been added to the Account Since the HYSA, the more than $80 million in timber revenues from the Square h~s belonged to the Hoopa Valley Tribe. The Department believes there is no further legal or equitable basis for allocating these funds between the two Tribes and that the balance of the fund should be transferred to the Yurok Tribe. The waiver executed by the Hoopa Valley Tribe in 1988, should preclude any claims it may assert on the balance ofthe funds b. Clarii5’ that the other benefits provided for in section 2 (c) of the HYSA be transferred to the Yurok Tribe. c. Congress, should, in cooperation with the Administration and the Yurok Tribe, develop legislation authori.~ng equitable relief for the Yurok Tribe. Such legislation should be modeled upon the Settlement Negotiations efforts made in 1996 and should include: a land acquisition fund and authori to reacquire the lands j~a.e Reservation boundary acquisition oL lacent federal lands (not Hoopa lands) to provide ar~adequate timber resource; the establishment ofcultural district adjacent to the Reservation to preserve in a pristine manner the- high country used for religious observances; dedicated federal programs to address in~..frur~ed~fe.g.,roads, electrification, telephone service, bridges, etc.); a financial settlement, and enhancement ofthe Kiamath River system (restoration of the vitality~h~h~ry): 13
July 27, 2001 Gale Norton, Secretary Department ofInterior 1849 C Street NW Washington, D.C. 20240 Re: Secretarial Report to Congress Required by Hoopa-Yurok Settlement Act § 14(c) Dear Secretary Norton: Litigation anticipated by the Hoopa-Yurok Settlement Act has been completed. Although the United States and the Hoopa Valley Tribe prevailed in that litigation, and the Hoopa-Yurok Settlement Act was upheld in every respect, the Act requires the Secretary to prepare and submit to Congress a report by September 24, 2001 (180 days after denial of certiorari in Karuk Tribe of California v. Ammon, 121 5. Ct. 1402 (2001)). Section 14(c) ofthe Act requires: The Secretary shall prepare and submit to the Congress a report describing the final decision in any claim brought pursuant to subsection (b) of this section against the United States or its officers, agencies, or instrumentalities. . .. 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 subchapter and any modifications to the resource and management authorities established by this subchapter. 25 U.S.C. § 1300i-11(c). Attached is our recommendation for that report. Please contact me or our tribal attorney, Tom Schiosser ((206) 386-5200), as issues arise in the preparation of that report. Sincerely yours, HOOPA VALLEY TRIBAL COUNCIL Enclosure C. Lyle Marshall, Chairman C:\WINDOWS\TEMP\NortU72O.wpd ajd:07/20/O1
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 206 and 207: YIJROK TRII3E -- ~ ~ ~ ~ 15900 Hwy
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 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?