Hoopa appendix supporting summary judgment - Schlosser Law Files

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the Yurok Reservation on December 7, 1988. 53 Fed. Reg. 49,361. The Hoopa Valley Reservation comprised approximately 89,000 acres (mostly in trust status) and the Yurok Reservation, approximately 58,000 acres (mostly in nontrust status). S. Rep. at 6. As required by § 2(d)(2) of the Act, a description ofthe boundaries of the two new reservations appeared in the Federal Register. 54 Fed. Reg. 19,465 (May 5, 1989). Later in the year the Assistant Secretary-Indian Affairs withdrew all pre-Settlement Act policy statements on management of resources of the 1891 Reservation or the Hoopa Valley Tribe. This withdrawal mooted old controversies about the Gerard Plan, the Issue-by-Issue Process, and other Short-based restrictions on tribal sovereignty. Section 4 of the Settlement Act established a Hoopa-Yurok Settlement Fund comprising all Hoopa or Yurok trust funds in existence on the date of the Act (about $65 million). Until the fund was divided in 1991, both the Hoopa Valley Tribe and the Yurok Transition Team took advances from it; the Hoopa budget advances were later deducted from the Tribe’s shares. Under § 2(c), the Tribes’ portions ofthe Settlement Fund were to be the percentage ofthe fund determined by dividing the number ofenrolled members by the sum ofthose enrolled tribal members and the persons on the Hoopa-Yurok Settlement Roll, established pursuant to § 5. Section 5 directed the Bureau to establish the Hoopa-Yurok Settlement Roll in a manner that closely followed eligibility criteria established for Indians of the Reservation in the Short case. With respect to Short plaintiffs, the Bureau was directed to follow the court’s decisions on eligibility. Non-Short plaintiffs qualified, if at all, by meeting the court’s Standards A, B, C, D, E, or MI (manifest injustice). In Pub. L. 101-301, 104 Stat. 210 (May 24, 1990), the Act was amended to make the criteria for the Settlement Roll more closely conform to rulings in Short. See Making Miscellaneous Amendments to Indian Laws, andfor Other Purposes, S. Rep. 226, -7-
101st Cong., 1st Sess. (1989). The Settlement Roll was completed and published on March 21, 1991. 56 Fed. Reg. 12062. Section 6 established three choices that were available to persons on the Hoopa-Yurok Settlement Roll: Hoopa tribal membership, Yurok tribal membership, or receipt of a lump sum payment. No person chose Hoopa tribal membership. Approximately 2,955 persons selected the Yurok tribal membership option, together with a $5,000 payment ($7,500 for persons over age 50). The lump sum payment option, selected by approximately 708 persons, provided $15,000 in lieu of membership in the Hoopa Valley or Yurok Tribes and rights in those tribes’ reservations. Opting for the lump sum payment had no effect on membership in other tribes, however. Most of the persons selecting Yurok tribal membership (about 1,800) were plaintiffs held qualified in the Short case. In addition to the Settlement Act payments made to those members, qualified Short plaintiffs ultimately received damage awards of approximately $25,000, depending upon the plaintiff’s age. The Short damages award included principal, interest, cost reimbursement, and attorney fees under the Equal Access to Justice Act. Sections 8 and 9 addressed tribal governance problems. Section 8 ratified and confirmed the 1972 Constitution ofthe Hoopa Valley Tribe. Section 9 established a Yurok Transition Team, appointed by the Secretary. After option selections were made by persons on the Settlement Roll, an Interim Council of the Yurok Tribe was elected in November 1991 to adopt a constitution and perform certain other functions, including consideration of a resolution waiving claims in order to obtain certain benefits offered in the Settlement Act. -8-
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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 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 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
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31 Unfortunately for all concerned,
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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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