Summary: S.2723 — 100th Congress (1987-1988)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (10/01/1988)

(Measure passed Senate, amended)

Hoopa-Yurok Settlement Act - Provides for the partition of the joint Hoopa Valley and Yurok Reservation. Requires the Hoopa Valley Tribe, before the partition shall become effective, to: (1) waive all claims against the United States; and (2) affirm tribal consent to the contribution of Hoopa moneys (derived from the joint reservation which are held in trust by the Secretary of the Interior in specified accounts) to a Hoopa-Yurok Settlement Fund, and for their use as payments to the Yurok Tribe and to individual Yuroks.

Establishes the Hoopa Valley Reservation and the Yurok Reservation. Requires the unallotted trust lands and assets of each tribe to be held in trust by the United States for the benefit of the respective tribes.

Places all national forest lands within the Yurok Reservation in trust for the use and benefit of the Yurok Tribe, subject to valid existing rights and subject to the adoption of a resolution of the Interim Council of the Yurok Tribe.

Sets the boundary between the Hoopa Valley and Yurok Reservations.

Directs the Secretary of the Interior to manage the unallotted trust land and assets of the Yurok Reservation until the tribe has organized. Requires, thereafter, that such land and assets be administered as tribal trust land and governed by the Tribe.

Authorizes the Secretary to acquire from willing sellers lands or interests in lands, including rights-of-way for access to trust lands in the Reservation.

Establishes the Hoopa-Yurok Settlement Fund for distributions pursuant to this Act. Divides fund assets between the tribes based on settlement roll calculations. Authorizes appropriations to the Fund. Prescribes preparation and eligibility criteria for the Hoopa-Yurok settlement roll. Allows an election among the following settlement options: (1) Hoopa tribal membership option (based on the criteria of the court decision in the Short case); (2) Yurok tribal membership option; and (3) lump sum payment option. Extinguishes interest in tribal property of persons receiving payments. Provides for division of the remaining settlement funds.

Ratifies the existing documents of the Hoopa Valley Tribe and confirms its status.

Provides for recognition and organization of the Yurok Tribe. Directs the Secretary to appoint five individuals to comprise the Yurok Transition Team, to provide counseling and promote communication with potential members of the Yurok Tribe concerning provisions of this Act, and to study and investigate programs, resources, and facilities for consideration by an Interim Council of the Yurok Tribe. Specifies that any property acquired for or on behalf of the Team shall be held in the name of the Yurok Tribe. Establishes the Interim Council preceding election and installation of the tribal governing body. Specifies the powers, authorities, and responsibilities of the Council. Directs the Secretary to: (1) enter into negotiations with the Team and the Council to establish a plan for economic development of the Tribe and to develop such a plan within two years; and (2) submit such plan to the Congress upon approval by the Council or tribal governing body. Places restrictions on transfers of property pursuant to such plan.

Allows the land assignment on the Hoopa Valley Reservation made to the Smokers family to continue to relatives of one-fourth or more Indian blood.

Provides for a merger of the Rancherias with the Yurok Tribe if certain conditions are met.

Adds representatives of the Yurok Tribe and the Karuk Tribe to the Klamath River Basin Fisheries Task Force. Specifies the term of office.

Provides that the proceeds of the sale of timber from Indian trust lands, after deduction for administrative expenses, shall be used: (1) as determined by the governing bodies of the tribes concerned and approved by the Secretary; or (2) in the absence of such a governing body, as determined by the Secretary for the tribe concerned.

Sets limitations on actions challenging the joint reservation partition under this Act. Requires the Secretary to submit to the Congress a report describing any claims decisions.