§ 1300i–2 TITLE 25—INDIANS Page 384

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

‘‘(d) SURVEY.—The Secretary of the Interior, acting

through the Bureau of Land Management, shall survey

and monument that portion of the boundary of the

Hoopa Valley Reservation established by the addition

of the lands described in subsection (b).

‘‘(e) SETTLEMENT OF CLAIMS.—The transfer of lands to

trust status under this section extinguishes the following claims by the Hoopa Valley Tribe:

‘‘(1) All claims on land now administered as part of

the Six Rivers National Forest based on the allegation of error in establishing the boundaries of the

Hoopa Valley Reservation, as those boundaries were

configured before the date of the enactment of this

Act [Nov. 13, 1997].

‘‘(2) All claims of failure to pay just compensation

for a taking under the fifth amendment to the United

States Constitution, if such claims are based on activities, occurring before the date of the enactment

of this Act, related to the lands transferred to trust

status under this section.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300i, 1300i–11 of

this title.

§ 1300i–2. Preservation of Short cases

Nothing in this subchapter shall affect, in any

manner, the entitlement established under decisions of the United States Court of Federal

Claims in the Short cases or any final judgment

which may be rendered in those cases.

(Pub. L. 100–580, §3, Oct. 31, 1988, 102 Stat. 2927;

Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992,

106 Stat. 4516.)

AMENDMENTS

1992—Pub. L. 102–572 substituted ‘‘United States

Court of Federal Claims’’ for ‘‘United States Claims

Court’’.

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.

§ 1300i–3. Hoopa-Yurok Settlement Fund

(a) Establishment

(1) There is hereby established the HoopaYurok Settlement Fund. Upon enactment of this

subchapter, the Secretary shall cause all the

funds in the escrow funds, together with all accrued income thereon, to be deposited into the

Settlement Fund.

(2) Until the distribution is made to the Hoopa

Valley Tribe pursuant to section1 (c), the Secretary may distribute to the Hoopa Valley

Tribe, pursuant to section 123c of this title, not

to exceed $3,500,000 each fiscal year out of the income or principal of the Settlement Fund for

tribal, non per capita purposes: Provided, however, That the Settlement Fund apportioned

under subsections (c) and (d) of this section shall

be calculated without regard to this subparagraph, but any amounts distributed under this

subparagraph shall be deducted from the payment to the Hoopa Valley Tribe pursuant to subsection (c) of this section.

(3) Until the distribution is made to the Yurok

Tribe pursuant to section1 (d), the Secretary

may, in addition to providing Federal funding,

distribute to the Yurok Transition Team, pursuant to section 123c of this title, not to exceed

$500,000 each fiscal year out of the income and

principal of the Settlement Fund for tribal, non

per capita purposes: Provided, however, That the

Settlement Fund apportioned under subsections

(c) and (d) of this section shall be calculated

without regard to this subparagraph, but any

amounts distributed under this subparagraph

shall be deducted from the payment to the

Yurok Tribe pursuant to subsection (d) of this

section.

(b) Distribution; investment

The Secretary shall make distribution from

the Settlement Fund as provided in this subchapter and, pending payments under section

1300i–5 of this title and dissolution of the fund as

provided in section 1300i–6 of this title, shall invest and administer such fund as Indian trust

funds pursuant to section 162a of this title.

(c) Hoopa Valley Tribe portion

Effective with the publication of the option

election date pursuant to section 1300i–5(a)(4) of

this title, the Secretary shall immediately pay

out of the Settlement Fund into a trust account

for the benefit of the Hoopa Valley Tribe a percentage of the Settlement Fund which shall be

determined by dividing the number of enrolled

members of the Hoopa Valley Tribe as of the

date of the promulgation of the Settlement Roll,

including any persons enrolled pursuant to section 1300i–5 of this title, by the sum of the number of such enrolled Hoopa Valley tribal members and the number of persons on the Settlement Roll.

(d) Yurok Tribe portion

Effective with the publication of the option

election date pursuant to section 1300i–5(a)(4) of

this title, the Secretary shall pay out of the Settlement Fund into a trust account for the benefit of the Yurok Tribe a percentage of the Settlement Fund which shall be determined by dividing the number of persons on the Settlement

Roll electing the Yurok Tribal Membership Option pursuant to section 1300i–5(c) of this title

by the sum of the number of the enrolled Hoopa

Valley tribal members established pursuant to

subsection (c) of this section and the number of

persons on the Settlement Roll, less any amount

paid out of the Settlement Fund pursuant to

section 1300i–5(c)(3) of this title.

(e) Federal share

There is hereby authorized to be appropriated

the sum of $10,000,000 which shall be deposited

into the Settlement Fund after the payments

are made pursuant to subsections (c) and (d) of

this section and section 1300i–5(c) of this title.

The Settlement Fund, including the amount deposited pursuant to this subsection and all income earned subsequent to the payments made

pursuant to subsections (c) and (d) of this section and section 1300i–5(c) of this title, shall be

available to make the payments authorized by

section 1300i–5(d) of this title.

(Pub. L. 100–580, §4, Oct. 31, 1988, 102 Stat. 2927.)

SECTION REFERRED TO IN OTHER SECTIONS

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

1300i–4, 1300i–6 of this title.