Hoopa appendix supporting summary judgment - Schlosser Law Files

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21 19 1 (b) INTERIM CouNcn~EsT~LIsii~NT.—Thereshall 2 be established an Interim Council of the Yurok Tribe to be composed of five members. The Interim Council shall represent the Yurok Tribe in the implementation of provisions of 5 this Act, including the organizational provisions of this sec- 6 tion, and shall be the governing body of the tribe until such 7 time as a tribal council is elected under the constitution 8 adopted pursuant to subsection (e). (c) GENERAL Cotn~cn4;ELECTION OF INTERIM Couw- 10 CIL.—(1) Within 30 days after the date established pursuant 11 to section 6(a)(3), the Secretary shall prepare a list of all 12 persons eighteen years of age or older who have elected the 13 Yurok Tribal Membership Option pursuant to section 6(c), 14 which persons shall constitute the eligible voters of the Yurok 15 Tribe for the purposes of this section, and shall provide writ- 16 ten notice to such persons of the date, time, purpose, and 17 order of procedure for the general council meeting to be 18 scheduled pursuant to paragraph (2) for the consideration of 19 the adoption of the resolution provided for in paragraph 20 (2)(A) and the nomination of candidates for election to the 21 Interim Council. 22 (2) Not earlier than 30 days before, nor later than 45 23 days after, the notice provided pursuant to paragraph (1), the 24 Secretary shall convene a general council meeting of the eli- 25 gible voterF of the Yurok Tribe on or near the Yurok ReseriS 2723 IS
22 20 1 vation, to be conducted under such order of procedures as the 2 Secretary determines appropriate, for— 3 (A) the adoption of a resolution, by a vote of not 4 less than two-thirds of the voters present and voting, 5 waiving any claim the Yurok Tribe may have against 6 the United States arising out of the provisions of this 7 Act; and - 8 (B) the nomination of candidates for election of 9 the members of the Interim Council. 10 No person shall be eligible for nomination who is not on the 11 list prepared pursuant to this section. 12 (3) Within 45 days after the general council meeting 13 held pursuant to paragraph (2), the Secretary shall hold an 14 election by secret ballot, with absentee balloting and write-in 15 voting to be permitted, to elect the five members of the Inter- 16 im Council from among the nomination submitted to him 17 from such general council meeting. The Secretary shall 18 assure that notice of the time and place of such election shall 19 be provided to eligible voters at least fifteen days before such 20 election. 21 (4) The Secretary shall certify the-results of such elec- 22 tion and, as soon as possible, convene an organizational 23 meeting of the newly-elected members of the Interim Council 24 and shall provide such advice and assistance as may be nec- 25 essary for such organization. iS 2723 IS
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 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
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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
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BACKGROUND April 2, 2001 Page 3 rec
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REPORT TO CONGRESS ON THE HOOPA-YUR
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In 1892, Congress opened the Kiamat
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esource management, and spending of
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The HYSA established procedures for
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Consistent with this reasoning, the
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On April 18, 2000, a sharply divide
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the funds. While the balance ofthe
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DRAFT REPORT OF THE SECRETARY OF TH
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the Kiamath River and Hoopa parcels
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No. C 80 2908 TEH (N.D. Cal.). The
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the Yurok Reservation on December 7
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By memorandum to the Area Director,
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United States, 982 F.2d 1312, 1321
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claims brought pursuant to 25 U.S.C
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secured under the Constitution ofth
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After due consideration, the Secret
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The existing governing documents of
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On February 28, 2001, the Ninth Cir
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S. HRG. 107-648 HOOPA-YUROK SETTLEM
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C O N T E N T S Page Statements: Ca
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2 STATEMENT OF HON. BEN NIGHTHORSE
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4 ership and management of the Squa
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6 The U.S. Court of Federal Claims
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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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Hoopa appendix supporting summary judgment - Schlosser Law Files

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