Hoopa appendix supporting summary judgment - Schlosser Law Files

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1 SEC. 13. LIMITATIONS OF ACTIONS; WAIVER OF CLAIMS.
2 (a) Any claim challenging the partition of the joint reser-
3 vation pursuant to section 2 or any other provision of this
4 Act as having effected a taking under the fifth amendment of
5 the United States Constitution or as otherwise having provid-
6 ed inadequate compensation shall be brought, pursuant to 28
7 U.S.C. 1491 or 28 U.S.C. 1505, in the United States Claims
8 Court.
9 (b)(1) Any such claim by any person or entity, other
10 than the Hoopa Valley Tribe or the Yurok Tribe, shall be
11 forever barred if not brought within the later of 210 days
12 from the date of the partition of the joint reservation as pro-
13 vided in section 2 or 120 days after the publication in the
14 Federal Register of the option election date as required by
15 section 6(a)(4).
16 (2) Any such claim by the Hoopa Valley Tribe shall be
17 barred 180 days after the date of enactment of this Act or
18 such early date as may be established by the adoption of a
19 resolution waiving such claims pursuant to section 2(a)(2).
20 (3) Any such claim by the Yurok Tribe shall be barred
21 180 days after the general council meeting of the Yurok
22 Tribe as provided in section 9 or such early date as may be
23 established by the adoption of a resolution waiving such
claims as provided in section 9(c)(2)(A).
25 (c)(1) The Secretary shall prepare and submit to the
26 Congress a report describing the final decision in any claim
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