Page 387 TITLE 25—INDIANS § 1300i–8

1So in original. Probably should be ‘‘governing’’.

vide. Such counseling shall provide a comprehensive explanation of the effects of such election on the individual making such election, and

on the tribal enrollment rights of that persons

children and descendants who would otherwise

be eligible for membership in either the Hoopa

or Yurok Tribe.

(2) The option to elect a lump sum payment

under this section is provided solely as a mechanism to resolve the complex litigation and other

special circumstances of the Hoopa Valley Reservation and the tribes of the reservation, and

shall not be construed or treated as a precedent

for any future legislation.

(3) Any person making an election to receive,

and having received, a lump sum payment under

this subsection shall not thereafter have any interest or right whatsoever in the tribal, communal, or unallotted land, property, resources,

or rights within, or appertaining to, the Hoopa

Valley Reservation, the Hoopa Valley Tribe, the

Yurok Reservation, or the Yurok Tribe or, except authorized by paragraph (1), in the Settlement Fund.

(Pub. L. 100–580, §6, Oct. 31, 1988, 102 Stat. 2929.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300i–3, 1300i–4,

1300i–6, 1300i–8, 1300i–11 of this title.

§ 1300i–6. Division of Settlement Fund remainder

(a) Any funds remaining in the Settlement

Fund after the payments authorized to be made

therefrom by subsections (c) and (d) of section

1300i–5 of this title and any payments made to

successful appellants pursuant to section

1300i–4(d) of this title shall be paid to the Yurok

Tribe and shall be held by the Secretary in trust

for such tribe.

(b) Funds divided pursuant to this section and

any funds apportioned to the Hoopa Valley

Tribe and the Yurok Tribe pursuant to subsections (c) and (d) of section 1300i–3 of this title

shall not be distributed per capita to any individual before the date which is 10 years after the

date on which the division is made under this

section: Provided, however, That if the Hoopa

Valley Business Council shall decide to do so it

may distribute from the funds apportioned to it

a per capita payment of $5,000 per member, pursuant to the Act of August 2, 1983 (25 U.S.C. 117a

et seq.).

(Pub. L. 100–580, §7, Oct. 31, 1988, 102 Stat. 2931.)

REFERENCES IN TEXT

Act of August 2, 1983, referred to in subsec. (b), is

Pub. L. 98–64, Aug. 2, 1983, 97 Stat. 365, known as the

‘‘Per Capita Act’’, which enacted sections 117a to 117c

of this title and repealed section 117 of this title. For

complete classification of this Act to the Code, see

Short Title note set out under section 117a of this title

and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300i–1, 1300i–3,

1300i–4 of this title.

§ 1300i–7. Hoopa Valley Tribe; confirmation of

status

The existing govening 1 documents of the

Hoopa Valley Tribe and the governing body established and elected thereunder, as heretofore

recognized by the Secretary, are hereby ratified

and confirmed.

(Pub. L. 100–580, §8, Oct. 31, 1988, 102 Stat. 2932.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300i–1 of this

title.

§ 1300i–8. Recognition and organization of the

Yurok Tribe

(a) Yurok Tribe

(1) Those persons on the Settlement Roll who

made a valid election pursuant to subsection (c)

of section 1300i–5 of this title shall constitute

the base membership roll for the Yurok Tribe

whose status as an Indian tribe, subject to the

adoption of the Interim Council resolution as required by subsection (d)(2) of this section, is

hereby ratified and confirmed.

(2) The Indian Reorganization Act of June 18,

1934 (48 Stat. 984; 25 U.S.C. 461 et seq.), as amended, is hereby made applicable to the Yurok Tribe

and the tribe may organize under such Act as

provided in this section.

(3) Within thirty days (30) after October 31,

1988, the Secretary, after consultation with the

appropriate committees of Congress, shall appoint five (5) individuals who shall comprise the

Yurok Transition Team which, pursuant to a

budget approved by the Secretary, shall provide

counseling and assistance, shall promote communication with potential members of the

Yurok Tribe concerning the provisions of this

subchapter, and shall study and investigate programs, resources, and facilities for consideration

by the Interim Council. The Yurok Transition

Team may receive grants and enter into contracts for the purpose of carrying out this section and section 1300i–9(a) of this title. Such

grants and contracts shall be transferred to the

Yurok Interim Council upon its organization.

Any property acquired for or on behalf of the

Yurok Transition Team shall be held in the

name of the Yurok Tribe.

(b) Interim Council; establishment

There shall be established an Interim Council

of the Yurok Tribe to be composed of five members. The Interim Council shall represent the

Yurok Tribe in the implementation of provisions of this subchapter, including the organizational provisions of this section, and subject to

subsection (d) of this section shall be the governing body of the tribe until such time as a

tribal council is elected under a constitution

adopted pursuant to subsection (e) of this section.

(c) General council; election of Interim Council

(1) Within 30 days after the date established

pursuant to section 1300i–5(a)(4) of this title, the

Secretary shall prepare a list of all persons

eighteen years of age or older who have elected

the Yurok Tribal Membership Option pursuant

to section 1300i–5(c) of this title, which persons

shall constitute the eligible voters of the Yurok

Tribe for the purposes of this section, and shall

provide written notice to such persons of the

date, time, purpose, and order of procedure for

the general council meeting to be scheduled pur-