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28election of the initial tribal council under such constitution whenadopted.SECTION 10-SPECIALCONSIDERATIONSSubsection (a) provides that the 20-acre land assignment on theHoopa Valley Reservation made by the BIA in 1947 to the Smokersfamily shall continue in effect and may pass by descent or devise torelatives of one-fourth or more Indian blood of members domiciledon the assignment as of the date of enactment.Subsection (b) provides that, with the consent of the Yurok Tribe,the Resighini, Trinidad, Big Lagoon, Blue Lake, Smith River, ElkValley and Tolowa Rancherias may fully merge their lands, assetsand membership with the Yurok Tribe upon a vote of two-thirds ofthe adult members of such rancherias. The Secretary is to publishin the Federal Register notice of the effective date of any suchmerger.SECTION 11-KLAMATHRIVER BASIN FISHERIES TASK FORCESubsection (a) amends the Act of October 27, 1986, establishingthe Klamath River Basin Fisheries Task Force, by providing for arepresentative of the Yurok and of the Karuk Tribes on such taskforce. The Secretary is to appoint the first Yurok representativewho will serve until the Yurok Tribe is organized and appoints itsown representative.Subsection (b) provides that the term of the initial Yurok andKaruk members appointed shall be for that time remaining on theterms of existing task force members and, thereafter, as providedby the provisions of the 1986 Act.SECTION 12-TRIBALTIMBER SALES PROCEEDS USESection 11 amends section 7 of the Act of June 25, 1910 (25 U.S.C.407) by making clear that timber sales proceeds from Indian reservationsshall be used only for the benefit of the tribe or tribes locatedon such reservations and their members.In the Short case, the Circuit Court interpreted section 407, asapplicable to the facts and circumstances of that case, in a mannerwhich could cause mischief if applied to other Indian tribes andother facts and circumstances. The amendment simply makes clearthat revenue from tribal timber resources are to be used solely forthe tribes located on such reservation and, through such tribes,their members.SECTION 13-LIMITATIONSOF ACTIONS; WAIVER OF CLAIMSSubsection (a) provides that any claim challenging the constitutionalityof this Act as a taking under the 5th Amendment of theConstitution shall be brought in the United States Claims Courtunder sections 1491 and 1505 of title 28, United States Code.Subsection @I, paragraph (11, provides that any such suit by anindividual shall be barred unless brought within 210 days of thedate of partition of the joint reservation or 120 days after the datefor the election of options as established by section 6(a)(3), whicheveris later.
29Paragraph (2) provides that any such claim by the Hoopa ValleyTribe must be brought within 180 days of enactment or be barred.Again, the Committee reiterates its conclusion that no individualor tribe has a vested, constitutionally protected right in the landsand resources of the joint reservation. The statute of limitations inthis subsection are simply included to bring about some certaintyand out of an abundance of caution.Subsection (c) provides that the Secretary shall make a report tothe Congress on any final judgment in any litigation brought pursuantto this section together with any recommendations deemednecessary.COMMITTEE AMENDMENTThe Committee adopted an amendment in the nature of a substitute.The explanation of the amendment is contained in the section-by-sectionanalysis.COST AND BUDGET ACT COMPLIANCEThe bill authorizes the appropriation of $15,000,000. The costanalysis prepared by the Congressional Budget Office is set forthbelow:CONGRESSIONAL BUDGET OFFICE COST ESTIMATESEPTEMBER 9, 1988.1. Bill number: H.R. 4469.2. Bill title: Hoopa-Yurok Settlement Act.3. Bill status: As amended and ordered reported by the HouseCommittee on Interior and Insular Affairs, August 10, 1988.4. Bill purpose: This bill would, if certain conditions are met, partitionspecified joint Indian reservation lands in northern Californiainto the Hoppa Valley Reservation and the Yurok Reservation.It would also establish the Hoopa-Yurok Settlement Fund, and requirethe Secretary of the Interior to deposit into it escrow fundsand interest earnings from designated trust accounts. The billwould require the Secretary to make distributions from the fundinto trust accounts for the Hoppa Valley and Yurok tribes, and tomake payments to eligible individuals electing certain tribal membershipoptions. The bill authorizes the appropriation of $10 millionto be deposited into the Settlement Fund for the purpose ofmaking lump-sum payments to such individuals.The bill would also require the Secretary of the Interior to administerthe partitioning of the lands and the two tribes. This responsibilitywould include specifying the reservation lands andboundaries, preparing an eligibility roll and final Settlement Roll,providing for the election of a settlement option by those on theSettlement Roll and establishing them as tribal members, organizinga general council meeting of the Yurok Tribe, and providing forthe election of an Interim Council for that tribe. The bill permitsthe Secretary to use up to $5 million of Bureau of Indian Affairs(BIN funds to acquire lands or interest in lands for the YurokTribe or its members.
Page 1 and 2: 1100~~ CONGRESS REPT. 100-9382d Ses
Page 3 and 4: 3(2) Subject to all valid existing
Page 5 and 6: 5Tribe, the Hoopa Valley Reservatio
Page 7 and 8: 7The Secretary shall assure that no
Page 9 and 10: 9The original location of these tri
Page 11 and 12: ~~ ~~ ~~~~~~~ ~~~~~~ ~~ -~ ~ ~~~ ~~
Page 13 and 14: 13Under this method of administrati
Page 15 and 16: 15Northern District of California i
Page 17 and 18: 17Recognition of Indian Tribes; Tri
Page 19 and 20: 19that H.R. 4469, as reported, is a
Page 21 and 22: 21a1 recognition that such tribes o
Page 23 and 24: 23the number of persons on the Sett
Page 25 and 26: 25Paragraph (3) provides that, with
Page 27: 27Paragraph (2) provides that the I
Page 31 and 32: 31COMMITTEE RECOMMENDATIONThe Commi

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