Page 385 TITLE 25—INDIANS § 1300i–5

§ 1300i–4. Hoopa-Yurok Settlement Roll

(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.

(Pub. L. 100–580, §5, Oct. 31, 1988, 102 Stat. 2928;

Pub. L. 101–301, §9(1), (2), May 24, 1990, 104 Stat.

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

1992, 106 Stat. 4516.)

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, §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, §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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300i, 1300i–5,

1300i–6 of this title.

§ 1300i–5. Election of settlement options

(a) Notice of settlement options

(1) Within sixty days after the publication of

the Settlement Roll as provided in section

1300i–4(d) of this title, the Secretary shall give

notice by certified mail to each person eighteen

years or older on such roll of their right to elect

one of the settlement options provided in this

section.

(2) The notice shall be provided in easily understood language, but shall be as comprehen-