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-CITE-
25 USC Sec. 1300i-4 01/06/03-EXPCITE-
TITLE 25 - INDIANS
CHAPTER 14 - MISCELLANEOUS
SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT-HEAD-
Sec. 1300i-4. Hoopa-Yurok Settlement Roll-STATUTE-
(a) Preparation; eligibility criteria
(1) The Secretary shall prepare a roll of all persons who can
meet the criteria for eligibility as an Indian of the Reservation
and -
(A) who were born on or prior to, and living upon, October 31,
1988;
(B) who are citizens of the United States; and
(C) who were not, on August 8, 1988, enrolled members of the
Hoopa Valley Tribe.(2) The Secretary's determination of eligibility under this
subsection shall be final except that any Short plaintiff
determined by the United States Court of Federal Claims to be an
Indian of the Reservation shall be included on the Settlement Roll
if they meet the other requirements of this subsection and any
Short plaintiff determined by the United States Court of Federal
Claims not to be an Indian of the Reservation shall not be eligible
for inclusion on such roll. Children under age 10 on the date they
applied for the Settlement Roll who have lived all their lives on
the Joint Reservation or the Hoopa Valley or Yurok Reservations,
and who otherwise meet the requirements of this section except they
lack 10 years of Reservation residence, shall be included on the
Settlement Roll.
(b) Right to apply; notice
Within thirty days after October 31, 1988, the Secretary shall
give such notice of the right to apply for enrollment as provided
in subsection (a) of this section as he deems reasonable except
that such notice shall include, but shall not be limited to -
(1) actual notice by registered mail to every plaintiff in the
Short cases at their last known address;
(2) notice to the attorneys for such plaintiffs; and
(3) publication in newspapers of general circulation in the
vicinity of the Hoopa Valley Reservation and elsewhere in the
State of California.Contemporaneous with providing the notice required by this
subsection, the Secretary shall publish such notice in the Federal
Register.
(c) Application deadline
The deadline for application pursuant to this section shall be
established at one hundred and twenty days after the publication of
the notice by the Secretary in the Federal Register as required by
subsection (b) of this section.
(d) Eligibility determination; final roll
(1) The Secretary shall make determinations of eligibility of
applicants under this section and publish in the Federal Register
the final Settlement Roll of such persons one hundred and eighty
days after the date established pursuant to subsection (c) of this
section.
(2) The Secretary shall develop such procedures and times as may
be necessary for the consideration of appeals from applicants not
included on the roll published pursuant to paragraph (1).
Successful appellants shall be added to the Settlement Roll and
shall be afforded the right to elect options as provided in section
1300i-5 of this title, with any payments to be made to such
successful appellants out of the remainder of the Settlement Fund
after payments have been made pursuant to section 1300i-5(d) of
this title and prior to division pursuant to section 1300i-6 of
this title.
(3) Persons added to the Settlement Roll pursuant to appeals
under this subsection shall not be considered in the calculations
made pursuant to section 1300i-3 of this title.
(4) For the sole purpose of preparing the Settlement Roll under
this section, the Yurok Transition Team and the Hoopa Valley
Business Council may review applications, make recommendations
which the Secretary shall accept unless conflicting or erroneous,
and may appeal the Secretary's decisions concerning the Settlement
Roll. Full disclosure of relevant records shall be made to the Team
and to the Council notwithstanding any other provision of law.
(e) Effect of exclusion from roll
No person whose name is not included on the Settlement Roll shall
have any interest in the tribal, communal, or unallotted land,
property, resources, or rights within, or appertaining to, the
Hoopa Valley Tribe, the Hoopa Valley Reservation, the Yurok Tribe,
or the Yurok Reservation or in the Settlement Fund unless such
person is subsequently enrolled in the Hoopa Valley Tribe or the
Yurok Tribe under the membership criteria and ordinances of such
tribes.-SOURCE-
(Pub. L. 100-580, Sec. 5, Oct. 31, 1988, 102 Stat. 2928; Pub. L.
101-301, Sec. 9(1), (2), May 24, 1990, 104 Stat. 210; Pub. L.
102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)-MISC1-
AMENDMENTS
1992 - Subsec. (a)(2). Pub. L. 102-572 substituted "United States
Court of Federal Claims" for "United States Claims Court" in two
places.
1990 - Subsec. (a)(2). Pub. L. 101-301, Sec. 9(1), inserted at
end "Children under age 10 on the date they applied for the
Settlement Roll who have lived all their lives on the Joint
Reservation or the Hoopa Valley or Yurok Reservations, and who
otherwise meet the requirements of this section except they lack 10
years of Reservation residence, shall be included on the Settlement
Roll."
Subsec. (d)(4). Pub. L. 101-301, Sec. 9(2), added par. (4).EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of
Title 28, Judiciary and Judicial Procedure.-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1300i, 1300i-5, 1300i-6
of this title.
