Hoopa appendix supporting summary judgment - Schlosser Law Files

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IN ~c~t.v~EFtA UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INOtAN AFFAIRS Sacramento Area Office 2800 Cottage Way Sacramento, California 95825 Memorandums JUN 2 51974 To: Superintendent, Hoops Agency From: Area Director Subject: Short v. the United States The decision of the LI. S. Supreme Court to deny the petition for a writ of certiorari in the case of Jessie Short at *1., v. the United States makes it necessary for this office to institute interim measures for dealing with Hoops Valley Reservation tribal. trust funds and tribal trust income until it hears further from the Trial Judge to whom the Court of Claims remanded the case for further proceedings. Accordingly, this office is proceeding on the following assumptions: (1) Hoops Valley Reservation: A single reservation, as extended by Executive Order on October 16, 1891 by President Benjamin Harrison to include the Square, the Addition, md the Kiarnath River Reservation, (2) Tribal Land: All Indian trust land within the Hoops Valley Reservation not allotted to Indians. (3) Tribal Trust Funds: Tribal money held by the United States Government in the following accounts: Account 7236. — Proceeds of Labor, Hoops Valley Indians, California Account 7736 - Interest and Interest on Accruals, Proceeds of Labor, Hoops Valley Indians, California Account 7056 - Proceeds of Klainath River Reservation, CalLforn is Account 7556 - Interest and Interest on Accruals, Proceeds of Klamath River Reservation~CaJ.tfornia App. 1
2 Account 7153 - Proceeds of Labor, Yurok Indians of Lover Kiamnath River, California Account 7653 — Interest and Interest on Accruals, Proceeds of Labor, Yurok Indians of Lower Klamath River, C*lifornta Account 7154 - Proceeds of Labor, Yurok Indians of Upper Klamsath River, California Account 7654 - Interest and Interest on Accruals, Proceeds of Labor, Yurok Indians of Upper Kiamath River, California (4) Tribal Trust Income: !‘bney paid to the United States Government for the sale of Hoops Valley Reservation tribal resources or use of tribal land from *1.1 sources such as: leases, rights—of-way, permits, easements, rentals, fees, licenses, and sale of timber and deposited to one of the accounts in (3) above. (5) Hoops Valley Tribe: Those persons on the Hoops Valley Tribal Roll and eligible to be on the roll on June 30, 1974, and numbering 1405. (Note: This office does recognize that the number way increase or decrease as Hoops Valley Tribe tribal membership applications are processed by the Hoop. Valley Tribe). (6) Plaintiffs: Those persons who are plaintiffs in the case and numbering 3323. (Note: The plaintiff number is considered, at this time, this office’s best guide as to those persons who may be found entitled to recover as an Indian of the reservation by the Court of Claims. We recognize that the number may be more by intervention in the case by others who are not plaintiffs, or less, as eligibility standards a~e set by the court and applied to the plaintiff list. A count was made of the persons who stated their identity as Yuroks on their applications for the California Judgment fund and the number was within two of the above; 3321. Here again, there are persons on the roll who are not listed as plaintiff., but the possibility remains that they may wish to establish their entitlement by intervention in the case and may be successful in so doing. This office recognizes, as stated above, that the number of plaintiffs entitled to recover as an Indian of the Reservation may be more or less than the number of plaintiffs listed in the complaint; however, it ii this office’s view that the number of plaintiffs listed in th. complaint is the beat number available for use at this time). App. 2
Page 1 and 2: Electronically Filed April 2, 2008
Page 3 and 4: Exhibit 12 Notice to Convene Genera
Page 5: Exhibit 37 Letter of Special Truste
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
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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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