II 

108TH CONGRESS 

2D SESSION S. 2878 

To amend the Hoopa-Yurok Settlement Act to provide for the acquisition 

of land for the Yurok Reservation and an increase in economic development beneficial to the Hoopa Valley Tribe and the Yurok Tribe, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30, 2004 

Mr. CAMPBELL introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

A BILL 

To amend the Hoopa-Yurok Settlement Act to provide for 

the acquisition of land for the Yurok Reservation and 

an increase in economic development beneficial to the 

Hoopa Valley Tribe and the Yurok Tribe, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hoopa-Yurok Settle5 ment Amendment Act of 2004’’. 
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•S 2878 IS 

1 SEC. 2. ACQUISITION OF LAND FOR THE YUROK RESERVA2 TION. 

3 Section 2(c) of the Hoopa-Yurok Settlement Act (25 

4 U.S.C. 1300i–1(c)) is amended by adding at the end the 

5 following: 

6 ‘‘(5) LAND ACQUISITION.— 

7 ‘‘(A) IN GENERAL.—Not later than 1 year 

8 after the date of enactment of this paragraph, 

9 the Secretary and the Secretary of Agriculture 

10 shall— 

11 ‘‘(i) in consultation with the Yurok 

12 Tribe, identify Federal and private land 

13 available from willing sellers within and 

14 adjacent to or in close proximity to the 

15 Yurok Reservation in the aboriginal terri16 tory of the Yurok Tribe (excluding any 

17 land within the Hoopa Valley Reservation) 

18 as land that may be considered for inclu19 sion in the Yurok Reservation; 

20 ‘‘(ii) negotiate with the Yurok Tribe 

21 to determine, from the land identified 

22 under clause (i), a land base for an ex23 panded Yurok Reservation that will be ade24 quate for economic self-sufficiency and the 

25 maintenance of religious and cultural prac26 tices; 
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1 ‘‘(iii) jointly with the Yurok Tribe, 

2 provide for consultation with local govern3 ments, and other parties whose interests 

4 are directly affected, concerning the poten5 tial sale or other transfer of land to the 

6 Yurok Tribe under this Act; 

7 ‘‘(iv) submit to Congress a report 

8 identifying any parcels of land within their 

9 respective jurisdictions that are determined 

10 to be within the land base negotiated 

11 under clause (ii); and 

12 ‘‘(v) not less than 60 days after the 

13 date of submission of the report under 

14 clause (iv), convey to the Secretary in trust 

15 for the Yurok Tribe the parcels of land 

16 within their respective jurisdictions that 

17 are within that land base. 

18 ‘‘(B) ACCEPTANCE IN TRUST.—The Sec19 retary shall— 

20 ‘‘(i) accept in trust for the Yurok 

21 Tribe the conveyance of such private land 

22 as the Yurok Tribe, or the United States 

23 on behalf of the Yurok Tribe, may acquire 

24 from willing sellers, by exchange or pur25 chase; and 
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1 ‘‘(ii) provide for the expansion of the 

2 Yurok Reservation boundaries to reflect 

3 the conveyances. 

4 ‘‘(C) FUNDING.—Notwithstanding any 

5 other provision of law, from funds made avail6 able to carry out this Act, the Secretary may 

7 use $2,500,000 to pay the costs of appraisals, 

8 surveys, title reports, and other requirements 

9 relating to the acquisition by the Yurok Tribe 

10 of private land under this Act (excluding land 

11 within the boundaries of the Hoopa Valley Res12 ervation). 

13 ‘‘(D) REPORT.— 

14 ‘‘(i) IN GENERAL.—Not later than 90 

15 days after the date of submission of the re16 port under subparagraph (A)(iv), the Sec17 retary, in consultation with the Secretary 

18 of Agriculture relative to the establishment 

19 of an adequate land base for the Yurok 

20 Tribe, shall submit to Congress a report 

21 that describes— 

22 ‘‘(I) the establishment of an ade23 quate land base for the Yurok Tribe 

24 and implementation of subparagraph 

25 (A); 
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1 ‘‘(II) the sources of funds re2 maining in the Settlement Fund, in3 cluding the statutory authority for 

4 such deposits and the activities, in5 cluding environmental consequences, 

6 if any, that gave rise to those depos7 its; 

8 ‘‘(III) disbursements made from 

9 the Settlement Fund; 

10 ‘‘(IV) the provision of resources, 

11 reservation land, trust land, and in12 come-producing assets including, to 

13 the extent data are available (includ14 ing data available from the Hoopa 

15 Valley Tribe and the Yurok Tribe), 

16 the environmental condition of the 

17 land and income-producing assets, in18 frastructure, and other valuable as19 sets; and 

20 ‘‘(V) to the extent data are avail21 able (including data available from the 

22 Hoopa Valley Tribe and the Yurok 

23 Tribe), the unmet economic, infra24 structure, and land needs of each of 
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1 the Hoopa Valley Tribe and the Yurok 

2 Tribe. 

3 ‘‘(ii) LIMITATION.—No expenditures 

4 for any purpose shall be made from the 

5 Settlement Fund before the date on which, 

6 after receiving the report under clause (i), 

7 Congress enacts a law authorizing such ex8 penditures, except as the Hoopa Valley 

9 Tribe and Yurok Tribes may agree pursu10 ant to their respective constitutional re11 quirements. 

12 ‘‘(6) CLAIMS.— 

13 ‘‘(A) IN GENERAL.—The Court of Federal 

14 Claims shall hear and determine all claims of 

15 the Yurok Tribe or a member of the Yurok 

16 Tribe against the United States asserting that 

17 the alienation, transfer, lease, use, or manage18 ment of land or natural resources located within 

19 the Yurok Reservation violates the Constitution, 

20 laws, treaties, Executive orders, regulations, or 

21 express or implied contracts of the United 

22 States. 

23 ‘‘(B) CONDITIONS.—A claim under sub24 paragraph (A) shall be heard and determined— 
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1 ‘‘(i) notwithstanding any statute of 

2 limitations (subject to subparagraph (C)) 

3 or any claim of laches; and 

4 ‘‘(ii) without application of any setoff 

5 or other claim reduction based on a judg6 ment or settlement under the Act of May 

7 18, 1928 (25 U.S.C. 651 et seq.) or other 

8 laws of the United States. 

9 ‘‘(C) LIMITATION.—A claim under sub10 paragraph (A) shall be brought not later than 

11 10 years after the date of enactment of this 

12 paragraph.’’. 

13 SEC. 3. JURISDICTION. 

14 (a) LAW ENFORCEMENT AND TRIBAL COURT FUNDS

15 AND PROGRAMS.—Section 2(f) of the Hoopla-Yurok Set16 tlement Act (25 U.S.C. 1300i–1(f)) is amended— 

17 (1) by striking ‘‘The Hoopa’’ and inserting the 

18 following: 

19 ‘‘(1) IN GENERAL.—The Hoopa’’; 

20 (2) by striking the semicolon after ‘‘Code’’ the 

21 first place it appears and inserting a comma; and 

22 (3) by adding at the end the following: 

23 ‘‘(2) LAW ENFORCEMENT AND TRIBAL COURT

24 FUNDS AND PROGRAMS.— 
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1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (1), Federal law enforcement and tribal 

3 court funds and programs shall be made avail4 able to the Hoopa Valley Tribe and Yurok 

5 Tribe on the same basis as the funds and pro6 grams are available to Indian tribes that are 

7 not subject to the provisions of law referred to 

8 in paragraph (1). 

9 ‘‘(B) AUTHORIZATION OF APPROPRIA10 TIONS.—There is authorized to be appropriated 

11 for Yurok law enforcement and tribal court pro12 grams $1,000,000 for each fiscal year.’’. 

13 (b) RECOGNITION OF THE YUROK TRIBE.—Section 

14 9 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i– 

15 8) is amended by adding at the end the following: 

16 ‘‘(f) RECOGNITION OF THE YUROK TRIBE.—The au17 thority of the Yurok Tribe over its territories as provided 

18 in the constitution of the Yurok Tribe as of the date of 

19 enactment of this subsection are ratified and confirmed 

20 insofar as that authority relates to the jurisdiction of the 

21 Yurok Tribe over persons and land within the boundaries 

22 of the Yurok Reservation.’’. 

23 (c) YUROK RESERVATION RESOURCES.—Section 12 

24 of the Hoopa Yurok Settlement Act (102 Stat. 2935) is 

25 amended by adding at the end the following: 
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1 ‘‘(c) KLAMATH RIVER BASIN FISHERIES.— 

2 ‘‘(1) IN GENERAL.—The Secretary and the Sec3 retary of Agriculture shall enter into stewardship 

4 agreements with the Yurok Tribe with respect to 

5 management of Klamath River Basin fisheries and 

6 water resources. 

7 ‘‘(2) EFFECT OF PARAGRAPH.—Nothing in 

8 paragraph (1) provides the Yurok Tribe with any ju9 risdiction within the Hoopa Valley Reservation. 

10 ‘‘(d) MANAGEMENT AUTHORITY.— 

11 ‘‘(1) DEFINITION OF COMANANGEMENT AU12 THORITY.—In this subsection, the term ‘manage13 ment authority’ means the right to make decisions 

14 jointly with the Secretary or the Secretary of Agri15 culture, as the case may be, with respect to the nat16 ural resources and sacred and cultural sites de17 scribed in paragraph (2). 

18 ‘‘(2) GRANT OF MANAGEMENT AUTHORITY.— 

19 There is granted to the Yurok Tribe management 

20 authority over all natural resources, and over all sa21 cred and cultural sites of the Yurok Tribe within 

22 their usual and accustomed places, that are on land 

23 remaining under the jurisdiction of the National 

24 Park Service, Forest Service, or Bureau of Land 
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1 Management within the aboriginal territory of the 

2 Yurok Tribe. 

3 ‘‘(e) SUBSISTENCE.— 

4 ‘‘(1) IN GENERAL.—There is granted access for 

5 subsistence hunting, fishing, and gathering rights 

6 for members of the Yurok Tribe over all land and 

7 water within the aboriginal territory of the Yurok 

8 Tribe that remain under the jurisdiction of the 

9 Yurok Tribe or the United States, excluding any 

10 land within the Hoopa Valley Reservation. 

11 ‘‘(2) CONDITION.—All subsistence-related ac12 tivities under paragraph (1) shall be conducted in 

13 accordance with management plans developed by the 

14 Yurok Tribe.’’. 

15 SEC. 4. BASE FUNDING. 

16 From amounts made available to the Secretary for 

17 new tribes funding, the Secretary shall make an adjust18 ment in the base funding for the Yurok Tribe based on 

19 the enrollment of the Yurok Tribe as of the date of enact20 ment of this Act. 

21 SEC. 5. YUROK INFRASTRUCTURE DEVELOPMENT. 

22 (a) IN GENERAL.—There are authorized to be appro23 priated— 
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1 (1) $20,000,000 for the upgrade and construc2 tion of Bureau of Indian Affairs and tribal roads on 

3 the Yurok Reservation; 

4 (2) for each fiscal year, $500,000 for the oper5 ation of a road maintenance program for the Yurok 

6 Tribe; 

7 (3) $3,500,000 for purchase of equipment and 

8 supplies for the Yurok Tribe road maintenance pro9 gram; 

10 (4) $7,600,000 for the electrification of the 

11 Yurok Reservation; 

12 (5) $2,500,000 for telecommunication needs on 

13 the Yurok Reservation; 

14 (6) $18,000,000 for the improvement and de15 velopment of water and wastewater treatment sys16 tems on the Yurok Reservation; 

17 (7) $6,000,000 for the development and con18 struction of a residential care, drug and alcohol re19 habilitation, and recreational complex near 

20 Weitchpec; 

21 (8) $7,000,000 for the construction of a cul22 tural center for the Yurok Tribe; 

23 (9) $4,000,000 for the construction of a tribal 

24 court, law enforcement, and detention facility in 

25 Klamath; 
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1 (10) $10,000,000 for the acquisition or con2 struction of at least 50 homes for Yurok Tribe el3 ders; 

4 (11) $3,200,000 for the development and initial 

5 startup cost for a Yurok School District; and 

6 (12) $800,000 to supplement Yurok Tribe high7 er education need. 

8 (b) PRIORITY.—Congress— 

9 (1) recognizes the unsafe and inadequate condi10 tion of roads and major transportation routes on 

11 and to the Yurok Reservation; and 

12 (2) identifies as a priority that those roads and 

13 major transportation routes be upgraded and 

14 brought up to the same standards as transportation 

15 systems throughout the State of California. 

16 SEC. 6. YUROK ECONOMIC DEVELOPMENT. 

17 There are authorized to be appropriated— 

18 (1) $20,000,000 for the construction of an 

19 ecolodge and associated costs; 

20 (2) $1,500,000 for the purchase of equipment 

21 to establish a gravel operation; and 

22 (3) $6,000,000 for the purchase and improve23 ment of recreational and fishing resorts on the 

24 Yurok Reservation. 
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1 SEC. 7. BLM LAND. 

2 (a) CONVEYANCE TO THE YUROK TRIBE.—The fol3 lowing parcels of Bureau of Land Management land with4 in the aboriginal territory of the Yurok Tribe are conveyed 

5 in trust status to the Yurok Tribe: 

6 (1) T. 9N., R. 4E, HUM, sec. 1. 

7 (2) T. 9N., R. 4E, sec. 7. 

8 (3) T. 9N., R. 4E., sec. 8, lot 3. 

9 (4) T. 9N., R. 4E., sec. 9, lots 19 and 20. 

10 (5) T. 9N., R. 4E., sec. 17, lots 3 through 6. 

11 (6) T. 9N., R. 4E., sec. 18, lots 7 and 10. 

12 (7) T. 9N., R. 3E., sec. 13, lots 8 and 12. 

13 (8) T. 9N., R. 3E, sec. 14, lot 6. 

14 (b) CONVEYANCE TO THE HOOPA VALLEY TRIBE.— 

15 The following parcels of Bureau of Land Management 

16 land along the western boundaries of the Hoopa Valley 

17 Reservation are conveyed in trust status to the Hoopa Val18 ley Tribe: 

19 (1) T. 9N, R. 3E., sec. 23, lots 7 and 8. 

20 (2) T. 9N., R. 3E., sec. 26, lots 1 through 3. 

21 (3) T. 7N., R. 3E., sec. 7, lots 1 and 6. 

22 (4) T. 7N., R. 3E., sec. 1. 

23 SEC. 8. REPEAL OF OBSOLETE PROVISIONS. 

24 Section 2(c)(4) of the Hoopa-Yurok Settlement Act 

25 (25 U.S.C. 1300i–1(c)(4)) is amended by striking ‘‘The— 

26 ’’ and all that follows through ‘‘shall not be’’ and inserting 
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1 ‘‘The apportionment of funds to the Yurok Tribe under 

2 sections 4 and 7 shall not be’’. 

3 SEC. 9. VOTING MEMBER. 

4 Section 3(c) of the Klamath River Basin Fisheries 

5 Restoration Act (16 U.S.C. 460ss–2(c)) is amended— 

6 (1) by redesignating paragraphs (4) and (5) as 

7 paragraphs (5) and (6); and 

8 (2) by striking paragraph (3) and inserting the 

9 following: 

10 ‘‘(3) A representative of the Yurok Tribe who 

11 shall be appointed by the Yurok Tribal Council. 

12 ‘‘(4) A representative of the Department of the 

13 Interior who shall be appointed by the Secretary.’’. 

14 SEC. 10. ECONOMIC SELF-SUFFICIENCY. 

15 Section 10 of the Hoopa-Yurok Settlement Act (25 

16 U.S.C. 1300i–9) is amended by striking subsection (a) and 

17 inserting the following: 

18 ‘‘(a) PLAN FOR ECONOMIC SELF-SUFFICIENCY.— 

19 ‘‘(1) NEGOTIATIONS.—Not later than 30 days 

20 after the date of enactment of the Hoopa-Yurok Set21 tlement Amendment Act of 2004, the Secretary shall 

22 enter into negotiations with the Yurok Tribe to es23 tablish a plan for the economic self-sufficiency of the 

24 Yurok Tribe, which shall be completed not later than 
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1 18 months after the date of enactment of the 

2 Hoopa-Yurok Settlement Amendment Act of 2004. 

3 ‘‘(2) SUBMISSION TO CONGRESS.—On the ap4 proval of the plan by the Yurok Tribe, the Secretary 

5 shall submit the plan to Congress. 

6 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated $3,000,000 

8 to establish the Yurok Tribe Self-Sufficiency Plan.’’. 

9 SEC. 11. EFFECT OF ACT. 

10 Nothing in this Act or any amendment made by this 

11 Act limits the existing rights of the Hoopa Valley Tribe 

12 or the Yurok Tribe Tribe. 

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