§ 1300i–9 TITLE 25—INDIANS Page 388

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

1So in original. The period probably should be ‘‘; and’’.

suant to paragraph (2) for the consideration of

the nomination of candidates for election to the

Interim Council.

(2) Not earlier than 30 days before, nor later

than 45 days after, the notice provided pursuant

to paragraph (1), the Secretary shall convene a

general council meeting of the eligible voters of

the Yurok Tribe on or near the Yurok Reservation, to be conducted under such order of procedures as the Secretary determines appropriate,

for the nomination of candidates for election of

members of the Interim Council. No person shall

be eligible for nomination who is not on the list

prepared pursuant to this section.

(3) Within 45 days after the general council

meeting held pursuant to paragraph (2), the Secretary shall hold an election by secret ballot,

with absentee balloting and write-in voting to

be permitted, to elect the five members of the

Interim Council from among the nominations

submitted to him from such general council

meeting. The Secretary shall assure that notice

of the time and place of such election shall be

provided to eligible voters at least fifteen days

before such election.

(4) The Secretary shall certify the results of

such election and, as soon as possible, convene

an organizational meeting of the newly-elected

members of the Interim Council and shall provide such advice and assistance as may be necessary for such organization.

(5) Vacancies on the Interim Council shall be

filled by a vote of the remaining members.

(d) Interim Council; authorities and dissolution

(1) The Interim Council shall have no powers

other than those given to it by this subchapter.

(2) The Interim Council shall have full authority to adopt a resolution—

(i) waiving any claim the Yurok Tribe may

have against the United States arising out of

the provision of this subchapter, and

(ii) affirming tribal consent to the contribution of Yurok Escrow monies to the Settlement Fund, and for their use as payments to

the Hoopa Tribe, and to individual Hoopa

members, as provided in this subchapter, and

(iii) to receive grants from, and enter into

contracts for, Federal programs, including

those administered by the Secretary and the

Secretary of Health and Human Services, with

respect to Federal services and benefits for the

tribe and its members.

(3) The Interim Council shall have such other

powers, authorities, functions, and responsibilities as the Secretary may recognize, except

that any contract or legal obligation that would

bind the Yurok Tribe for a period in excess of

two years from the date of the certification of

the election by the Secretary shall be subject to

disapproval and cancellation by the Secretary if

the Secretary determines that such a contract

or legal obligation is unnecessary to improve

housing conditions of members of the Yurok

Tribe, or to obtain other rights, privileges or

benefits that are in the long-term interest of the

Yurok Tribe.

(4) The Interim Council shall appoint, as soon

as practical, a drafting committee which shall

be responsible, in consultation with the Interim

Council, the Secretary and members of the

tribe, for the preparation of a draft constitution

for submission to the Secretary pursuant to subsection (e) of this section.

(5) The Interim Council shall be dissolved effective with the election and installation of the

initial tribe 1 governing body elected pursuant to

the constitution adopted under subsection (e) of

this section or at the end of two years after such

installation, whichever occurs first.

(e) Organization of Yurok Tribe

Upon written request of the Interim Council or

the drafting committee and the submission of a

draft constitution as provided in paragraph (4)

of subsection (d) of this section, the Secretary

shall conduct an election, pursuant to the provisions of the Indian Reorganization Act of June

18, 1934 (25 U.S.C. 461 et seq.) and rules and regulations promulgated thereunder, for the adoption of such constitution and, working with the

Interim Council, the election of the initial tribal

governing body upon the adoption of such constitution.

(Pub. L. 100–580, §9, Oct. 31, 1988, 102 Stat. 2932;

Pub. L. 101–121, title III, §315, Oct. 23, 1989, 103

Stat. 744; Pub. L. 101–301, §9(3), May 24, 1990, 104

Stat. 211.)

REFERENCES IN TEXT

The Indian Reorganization Act, referred to in subsecs. (a)(2) and (e), is act June 18, 1934, ch. 576, 48 Stat.

984, as amended, which is classified generally to subchapter V (§461 et seq.) of this chapter. For complete

classification of this Act to the Code, see Short Title

note set out under section 461 of this title and Tables.

AMENDMENTS

1990—Subsec. (a)(3). Pub. L. 101–301 substituted

‘‘counseling and assistance, shall’’ for ‘‘counseling,’’.

1989—Subsec. (a)(3). Pub. L. 101–121 inserted provisions authorizing the Yurok Transition Team to receive grants and enter into contracts for the purpose of

carrying out this section and section 1300i–9(a) of this

title and directing that such grants and contracts be

transferred to the Yurok Interim Council upon its organization.

SECTION REFERRED TO IN OTHER SECTIONS

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

1300i–5, 1300i–10, 1300i–11 of this title.

§ 1300i–9. Economic development

(a) Plan for economic self-sufficiency

The Secretary shall—

(1) enter into negotiations with the Yurok

Transition Team and the Interim Council of

the Yurok Tribe with respect to establishing a

plan for economic development for the tribe;

and

(2) in accordance with this section and not

later than two years after October 31, 1988, develop such a plan.1

(3) upon the approval of such plan by the Interim Council or tribal governing body (and

after consultation with the State and local officials pursuant to subsection (b) of this section), the Secretary shall submit such plan to

the Congress.
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