Hoopa appendix supporting summary judgment - Schlosser Law Files

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(5) Vacancies on the Interim Council shall be filled by a 2 vote of the remaining members. 3 (d) INTERIM COUNCIL; AUTHORITIES AND DISSOLU- 4 TI0N.—(1) The Interim Council shall have no powers other 5 than those given to it by this Act. 6 (2) The Interim Council shall have full authority to re- 7 ceive grants from, and enter into contracts for, Federal pro- 8 grams, including those administered by the Secretary and the 9 Secretary of Health and Human Services, with respect to 10 Federal services and benefits for the tribe and its members. 11 (3) The Interim Council shall have such, other powers, 12 authorities, functions, and responsibilities as the Secretary 13 may recognize, except that it may not legally or contractual- 14 ly bind the Yurok Tribe for a period in excess of two years 15 from the date of the certification of the election by the Secre- 16 tary. 17 (4) The Interim Council shall appoint, as soon as practi- 18 cal, a drafting committee which shall be responsible, in con- 19 sultation with the Interim Council, the Secretary and mem- 20 bers of the tribe, for the preparation of a draft constitution for 21 submission to the Secretary pursuant to subsection (e). 22 (5) The Interim Council shall be dissolved effective with 23 the election and installation of the initial tribe governing body 24 elected pursuant to the constitution adopted under subsection •S 2723 IS
24 22 1 (e) or at the end of two years after such installation, whichev- 2 er occurs first. 3 (e) ORGANIZATION OF YUBOK TEIBE.—Upon written 4 request of the Interim Council or the drafting committee and 5 the submission of a draft constitution as provided in para- 6 graph (4) of subsection (d), the Secretary shall conduct an 7 election, pursuant to the provisions of the Indian Reorganiza- 8 tion Act of June 18, 1934 (25 U.S.C. 461 et seq.) and rules 9 and regulations promulgated thereunder, for the adoption of such constitution and, working with the Interim Council, the 11 election of the initial tribal governing body upon the adoption 12 of such constitution. 13 SEC. 10. SPECIAL CONSIDERATIONS. 14 (a) LIFE ESTATE FOR SMOKERS F 4 u\ULY.—The 20 15 acre land assignment on the <strong>Hoopa</strong> Valley Reservation made 16 by the <strong>Hoopa</strong> Area Field Office of the Bureau of Indian Al- 17 fairs on August 25, 1947, to the Smokers family shall contin- 18 ue in effect and may pass by descent or devise to any blood 19 relative or relatives of one-fourth or more Indian blood of 20 those family members domiciled on the assignment on the 21 date of enactment of this Act. 22 - (b) RANCHERIA MERGER WITH YUROK TRIBE.—If 23 two-thirds of the adult members of the Resighini, Trinidad, 24 Big Lagoon, Blue Lake, Smith River, Elk Valley, or Tolowa 25 Rancherias vote in an election conducted by the Secretary to •S 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 32 and 33: 21 19 1 (b) INTERIM CouNcn~EsT~LIsi
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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