REPORT - Schlosser Law Files

25Paragraph (3) provides that, with respect to minors on the rollwho do not also have a parent or guardian on the roll, notice is tobe given to the parent or guardian of such minor and the minor’selection is to be made by such parent or guardian.Paragraph (4) provides that the Secretary shall establish thedeadline for making a choice as the date which is 120 days afterthe date of promulgation of the Settlement Roll as provided in section5(d). Persons not making an election by that date are to bedeemed to have made an election under subsection (d).Subsection (b), paragraph (l), provides that any person on theroll, 18 years or older, who can meet certain membership criteriaof the Hoopa Valley Tribe as established by the U.S. Claims Courtand who (1) maintains a residence on the reservation on the date ofenactment; (2) had, within five years prior to enactment, maintainedsuch residence; or (3) owns an interest in real property onthe reservation can elect to become a member of the Hoopa ValleyTribe.Paragraph (2) provides that the Secretary shall cause suchperson to be so enrolled notwithstanding any laws of the HoopaValley Tribe to the contrary and, after being so enrolled, suchperson will be a full member of the tribe for all purposes.Paragraph (3) provides that the Secretary will assign to suchperson the degree of Indian blood or Hoopa Indian blood, as appropriate,based upon the criteria established by the Federal court inthe Short case.Paragraph (4) provides that any person making such an electionshall no longer have any interest in the Yurok Reservation, theYurok Tribe, or the Settlement Fund. This paragraph and paragraphs(c)(4) and (d)(2) do not contemplate that such persons nowhave any particular interest, but that, to the extent they do, it willbe automatically relinquished upon an election of one of the options.Subsection (c), paragraph (l), provides that any person on thefinal roll may elect to become a member of the Yurok Tribe andparticipate in the organization of the tribe pursuant to section 9.Paragraph (2) provides that persons making such election shallform the base membership roll of the Yurok Tribe and the Secretaryshall assign to a person making such an election the degree ofIndian blood determined using the criteria of the Federal court.Paragraph (3) directs the Secretary, pursuant to the Act ofAugust 2, 1983 (25 U.S.C. 117a et seq.), to pay to each perscnmaking an election under this subsection $3,000 out of the SettlementFund.Paragraph (4) provides that persons making an election underthis subsection shall no longer have any interest in the HoopaValley Reservation or the Hoopa Valley Tribe or, except as providedin paragraph (31, in the Settlement Fund.Subsection (d), paragraph (l), provides that any person on thefinal roll can make an election to receive a lump sum paymentfrom the Settlement Fund.Paragraph (2) directs the Secretary to pay to each such personthe amount of $20,000 out of the Settlement Fund.Paragraph (3) provides that any person making an election underthis subsection shall no longer have any interest in the Hoopa