Hoopa appendix supporting summary judgment - Schlosser Law Files

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9 rado delegation on our fire problem. It just closed Mesa Area in our part of the State which is a big tourist attraction, so I probably won’t be able to ask the representatives from the two tribes questions. I’ll submit those in writing if they can get those back to me. This is a very tough one for me because to me this is like refereeing a fight among family. Some folks on both sides of this issue I’ve known for years and years and am real close to from my old California days. Let me ask you just a couple. We have two reservations, one allotted, one not allotted, and this is certainly a sad history but the Yurok land and resources were allotted and dissipated. The Hoopa lands and resources remain in tact. Why were they treated so differently when they are so geographically close in our history Do you happen to know that Mr. MCCALEB. I don’t have personal knowledge of that, Senator. Let me get that information and respond in writing to you. I have an impression but I don’t have a real factual answer to that. Senator CAMPBELL. Let me ask another general question. We’ve been through a lot of disagreements between tribes and it seems to me those that can settle their issues without intervention from the courts are a lot better off than the ones who are not. I have no problem with the legal profession but let me tell you, the attorneys end up getting paid very well from the Indians that are fighting with each other. In keeping with the spirit of the settlement in 1988, shouldn’t we try to bring this to a conclusion that both tribes can live with without fighting it out in courts Mr. MCCALEB. That would certainly be my desire, Senator Campbell. Senator CAMPBELL. Have you personally tried to impress on both sides your sentiments Mr. MCCALEB. I have met with representatives of both sides, yes, and made those kinds of suggestions. Senator CAMPBELL. I understand there is a lot of money involved. Let me ask about the account balance. What is the balance of revenues of the settlement fund and can you trace where the moneys from the fund came from Mr. MCCALEB. Aside from interest that had accrued over time, the source of all the funds was timber sale proceeds. Senator CAMPBELL. Did they come primarily from Hoopa or Yurok lands or both Mr. MCCALEB. I’m advised a little over 98 percent of the funds derived from the Square, are on Hoopa land. Senator CAMPBELL. Before they were put in the settlement fund, was there any audit performed to verify the accuracy of the transactions Mr. MCCALEB. I’m not aware of that but I will investigate that and reply in writing to you. Senator CAMPBELL. In the Secretary’s report, I read part of it and the staff read all of it, but they make two key findings, that the Hoopas have been made whole and have no claims against the United States and that because the Yuroks failed to provide necessary waivers, they are not entitled to benefits under the act. My question is, with a multimillion dollar fund sitting in the Treasury, how should it be divided
10 Mr. MCCALEB. Senator, I was hoping you’d have some suggestion for me on that. I don’t mean to be flip about it but it is a very difficult answer. The two extreme positions of the tribes are the Hoopas want half of all the proceeds and the Yuroks think they should have all of the funds. Senator CAMPBELL. Would you recommend some kind of development fund for both tribes be established Mr. MCCALEB. I think that would be a good solution. As opposed to per capita payments, you mean Senator CAMPBELL. Yes. Mr. MCCALEB. Yes; I almost always favor that kind of investment as opposed to per capita payments. Senator CAMPBELL. Thank you, Mr. Chairman. I have no further questions. I appreciate you giving me that time. The CHAIRMAN. Thank you. Mr. Secretary, I have a few questions for clarification. Do the funds in the settlement fund represent revenues derived from the sale of timber located on the Square Mr. MCCALEB. Over 98 percent. According to the facts furnished to me, only about 1.26 percent were not derived from timber on the Square. The CHAIRMAN. Were those revenues generated from the Square while members of the Yurok and Karuk Tribes were still considered ‘‘Indians of the reservation’’ Mr. MCCALEB. The money in the settlement fund is there pursuant to the Short litigation that was resolved in 1974 and the subsequent timber cuttings. Would you restate your question so I can make sure I understand it The CHAIRMAN. Were those revenues generated from the Square while members of the Yurok and Karuk Tribes were still considered ‘‘Indians of the reservation’’ That is the phrase in the statute. Mr. MCCALEB. Yes. The CHAIRMAN. So they were Indians in the reservation at the time the revenues were generated in the Square Mr. MCCALEB. Yes; that’s my understanding. The CHAIRMAN. Because the Short case instructs us that if there is to be a distribution of revenues, the distribution must be made to all Indians of the reservation. Would that mean Hoopa, Yurok, Karuk Mr. MCCALEB. Yes, sir. The CHAIRMAN. The Hoopa Valley Tribe contends it is the only tribe entitled to the funds in the settlement fund, so your response does not agree with that Mr. MCCALEB. No; for the reasons you just said. The Short case is, I think, specific on that point. The CHAIRMAN. So it seems it may be critical to the resolution of the competing claims of entitlement to funds in the settlement fund to know whether the timber revenues that were placed in the fund were generated after the reservation was partitioned or whether they were generated while there were three tribal groups making up the ‘‘Indians of the reservation,’’ isn’t that correct Mr. MCCALEB. The revenues that make up the original amount, almost $17 million in the chart, were generated prior to the partitioning of the reservation, while other revenues were generated
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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
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United States Department of the Int
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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
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: 8 is not entitled to further distri
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,
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100
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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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