Page 389 TITLE 25—INDIANS § 1300i–11

(b) Consultation with State and local officials required

To assure that legitimate State and local interests are not prejudiced by the proposed economic self-sufficiency plan, the Secretary shall

notify and consult with the appropriate officials

of the State and all appropriate local governmental officials in the State. The Secretary

shall provide complete information on the proposed plan to such officials, including the restrictions on such proposed plan imposed by subsection (c) of this section. During any consultation by the Secretary under this subsection, the

Secretary shall provide such information as the

Secretary may possess, and shall request comments and additional information on the extent

of any State or local service to the tribe.

(c) Restrictions to be contained in plan

Any plan developed by the Secretary under

subsection (a) of this section shall provide

that—

(1) any real property transferred by the tribe

or any member to the Secretary shall be taken

and held in the name of the United States for

the benefit of the tribe;

(2) any real property taken in trust by the

Secretary pursuant to such plan shall be subject to—

(A) all legal rights and interests in such

land existing at the time of the acquisition

of such land by the Secretary, including any

lien, mortgage, or previously levied and outstanding State or local tax;

(B) foreclosure or sale in accordance with

the laws of the State pursuant to the terms

of any valid obligation in existence at the

time of the acquisition of such land by the

Secretary; and

(3) any real property transferred pursuant to

such plan shall be exempt from Federal, State,

and local taxation of any kind.

(d) Appendix to plan submitted to Congress

The Secretary shall append to the plan submitted to the Congress under subsection (a) of

this section a detailed statement—

(1) naming each individual and official consulted in accordance with subsection (b) of

this section;

(2) summarizing the testimony received by

the Secretary pursuant to any such consultation; and

(3) including any written comments or reports submitted to the Secretary by any party

named in paragraph (1).

(Pub. L. 100–580, §10, Oct. 31, 1988, 102 Stat. 2934.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300i–8 of this

title.

§ 1300i–10. Special considerations

(a) Estate for Smokers family

The 20 acre land assignment on the Hoopa Valley Reservation made by the Hoopa Area Field

Office of the Bureau of Indian Affairs on August

25, 1947, to the Smokers family shall continue in

effect and may pass by descent or devise to any

blood relative or relatives of one-fourth or more

Indian blood of those family members domiciled

on the assignment on October 31, 1988.

(b) Rancheria merger with Yurok Tribe

If a majority of the adult members of any of

the following Rancherias at Resighini, Trinidad,

or Big Lagoon, vote to merge with the Yurok

Tribe in an election which shall be conducted by

the Secretary within ninety days after October

31, 1988, the tribes and reservations of those rancherias so voting shall be extinguished and the

lands and members of such reservations shall be

part of the Yurok Reservation with the unallotted trust land therein held in trust by the

United States for the Yurok Tribe: Provided,

however, That the existing governing documents

and the elected governing bodies of any rancherias voting to merge shall continue in effect

until the election of the Interim Council pursuant to section 1300i–8 of this title. The Secretary

shall publish in the Federal Register a notice of

the effective date of the merger.

(c) Preservation of leasehold and assignment

rights of rancheria residents

Real property on any rancheria that merges

with the Yurok Reservation pursuant to subsection (b) of this section that is, on October 31,

1988, held by any individual under a lease shall

continue to be governed by the terms of the

lease, and any land assignment existing on October 31, 1988, shall continue in effect and may

pass by descent or devise to any blood relative

or relatives of Indian blood of the assignee.

(Pub. L. 100–580, §11, Oct. 31, 1988, 102 Stat. 2935.)

§ 1300i–11. Limitations of actions; waiver of

claims

(a) Claims against partition of joint reservation

Any claim challenging the partition of the

joint reservation pursuant to section 1300i–1 of

this title or any other provision of this subchapter as having effected a taking under the

fifth amendment of the United States Constitution or as otherwise having provided inadequate

compensation shall be brought, pursuant to section 1491 or 1505 of title 28, in the United States

Court of Federal Claims. The Yurok Transition

Team, or any individual thereon, shall not be

named as a defendant or otherwise joined in any

suit in which a claim is made arising out of this

subsection.

(b) Limitations on claims

(1) Any such claim by any person or entity,

other than the Hoopa Valley Tribe or the Yurok

Tribe, shall be forever barred if not brought

within the later of 210 days from the date of the

partition of the joint reservation as provided in

section 1300i–1 of this title or 120 days after the

publication in the Federal Register of the option

election date as required by section 1300i–5(a)(4)

of this title.

(2) Any such claim by the Hoopa Valley Tribe

shall be barred 180 days after October 31, 1988, or

such earlier date as may be established by the

adoption of a resolution waiving such claims

pursuant to section 1300i–1(a)(2) of this title.

(3) Any such claim by the Yurok Tribe shall be

barred 180 days after the general council meeting of the Yurok Tribe as provided in section