Hoopa-Yurok Settlement Act
PL 100-580 (S.2723), enacted 10/31/1988

102 STAT. 2924 
PUBLIC LAW 100-580—OCT. 31, 1988 
Public Law 100-580 
100th Congress 
An Act 
Oct 31 1988 
'^^ partition certain reservation lands between the Hoopa Valley Tribe and the 
' 
Yurok Indians, to clarify the use of tribal timber proceeds, and for other 
[S. 2723] 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
Hoopa-Yurok 
United States of America in Congress assembled, 
Settlement Act. 
25 u s e 1300i. 
SECTION 1. SHORT TITLE AND DEFINITIONS. 
(a) SHORT TITLE.—This Act may be cited as the "Hoopa-Yurok 
Settlement Act". 
(b) DEFINITIONS.—For the purposes of this Act, the term— 
(1) "Escrow funds" means the moneys derived from the joint 
reservation which are held in trust by the Secretary in the 
accounts entitled— 
(A) "Proceeds of Labor-Hoopa Valley Indians-California 
70 percent Fund, account number J52-561-7197"; 
(B) "Proceeds of Labor-Hoopa Valley Indians-California 30 
percent Fund, account number J52-561-7236"; 
(C) "Proceeds of Klamath River Reservation, California, 
account number J52-562-7056"; 
(D) "Proceeds of Labor-Yurok Indians of Lower Klamath 
River, California, account number J52-562-7153"; 
(E) "Proceeds of Labor-Yurok Indians of Upper Klamath 
River, California, account number J52-562-7154"; 
(F) "Proceeds of Labor-Hoopa Reservation for Hoopa 
Valley and Yurok Tribes, account number J52-575-7256"; 
and 
(G) 
"Klamath 
River 
Fisheries, 
account 
number 
5628000001"; 
(2) "Hoopa Indian blood" means that degree of ancestry 
derived from an Indian of the Hunstang, Hupa, Miskut, Red-
wood, Saiaz, Sermalton, Tish-Tang-Atan, South Fork, or Grouse 
Creek Bands of Indians; 
(3) "Hoopa Valley Reservation" means the reservation 
described in section 20?) of this Act; 
(4) "Hoopa Valley Tribe" means the Hoopa Valley Tribe, 
organized under the constitution and amendments approved by 
the Secretary on November 20, 1933, September 4, 1952, 
August 9,1963, and August 18,1972; 
(5) "Indian of the Reservation" shall mean any person who 
meets the criteria to qualify as an Indian of the Reservation as 
established by the United States Court of Claims in its 
March 31, 1982, May 17, 1987, and March 1, 1988, decisions in 
the case of Jesse Short et al. v. United States, (CI. Ct. No. 
102-63); 
(6) "Joint reservation" means the area of land defined as the 
Hoopa Valley Reservation in section 2(b) and the Yurok Res-
ervation in section 2(c) of this Act. 
PUBLIC LAW 100-580—OCT. 31, 1988 
102 STAT. 2925 
(7) "Karuk Tribe" means the Karuk Tribe of California, 
organized under its constitution on April 6,1985; 
(8) "Secretary" means the Secretary of the Interior; 
(9) "Settlement Fund" means the Hoopa-Yurok Settlement 
Fund established pursuant to section 4; 
(10) "Settlement Roll" means the final roll prepared and 
published in the Federal Register by the Secretary pursuant to 
section 5; 
(11) "Short cases" means the cases entitled Jesse Short et al. 
V. United States, (CI. Ct. No. 102-63); Charlene Ackley v. United 
States, (CI. Ct. No. 460-78); Bret Aanstadt v. United States, (CI. 
Ct. No. 146-85L); and Norman Giffen v. United States, (CI. Ct. 
No. 746-85L); 
(12) "Short plaintiffs" means named plaintiffs in the Short 
CEises; 
(13) "trust land" means an interest in land the title to which 
is held in trust by the United States for an Indian or Indian 
tribe, or by an Indian or Indian tribe subject to a restriction by 
the United States against alienation; 
(14) "unallotted trust land, property, resources or rights" 
means those lands, property, resources, or rights reserved for 
Indian purposes which have not been allotted to individuals 
under an allotment Act; 
(15) "Yurok Reservation" means the reservation described in 
section 2(c) of this Act; and 
(16) "Yurok Tribe" means the Indian tribe which is recog-
nized and authorized to be organized pursuant to section 9 of 
this Act. 
SEC. 2. RESERVATIONS; PARTITION AND ADDITIONS. 
(a) PARTITION OF THE JOINT RESERVATION.—(1) Effective with the 
publication in the Federal Register of the Hoopa tribal resolution as 
provided in paragraph (2), the joint reservation shall be partitioned 
as provided in subsections (b) and (c). 
(2XA) The partition of the joint reservation as provided in this 
subsection, and the ratification and confirmation as provided by 
section 8, shall not become effective unless, within 60 days after the 
date of the enactment of this Act, the Hoopa Valley Tribe shall 
adopt, and transmit to the Secretary, a tribal resolution: 
(i) waiving any claim such tribe may have against the United 
States arising out of the provisions of this Act, and 
(ii) affirming tribal consent to the contribution of Hoopa 
Escrow monies to the Settlement Fund, and for their use as 
payments to the Yurok Tribe, and to individual Yuroks, as 
provided in this Act. 
(B) The Secretary, after determining the validity of the resolution 
transmitted pursuant to subparagraph (A), shall cause such resolu-
tion to be printed in the Federal Register. 
Ot)) HOOPA VALLEY RESERVATION.—Effective with the partition of 
the joint reservation as provided in subsection (a), the area of land 
known as the "square" (defined as the Hoopa Valley Reservation 
established under section 2 of the Act of April 8, 1864 (13 Stat. 40), 
the Executive Order of June 23, 1876, and Executive Order 1480 of 
February 17, 1912) shall thereafter be recognized and established as 
the Hoopa Valley Reservation. The unallotted trust land and assets 
of the Hoopa Valley Reservation shall thereafter be held in trust by 
the United States for the benefit of the Hoopa Valley Tribe. 
25 use 1300i-l. 
Federal 
Register, 
publication. 
102 STAT. 2926 
PUBLIC LAW 100-580—OCT. 31, 1988 
(c) YuROK RESERVATION.—(1) Effective with the partition of the 
joint reservation as provided in subsection (a), the area of land 
known as the "extension" (defined as the reservation extension 
under the Executive Order of October 16, 1891, but excluding the 
Resighini Rancheria) shall thereafter be recognized and established 
as the Yurok Reservation. The unallotted trust land and assets of 
the Yurok Reservation shall thereafter be held in trust by the 
United States for the benefit of the Yurok Tribe. 
National Forest 
(2) Subject to all valid existing rights and subject to the adoption 
System. 
of a resolution of the Interim Council of the Yurok Tribe as provided 
in section 9(dX2), all right, title, and interest of the United States— 
(A) to all national forest sjrstem lands within the Yurok 
Reservation, and 
(B) to that portion of the Yurok Experimental Forest 
described as Township 14 N., Range 1 E., Section 28, Lot 6: that 
portion of Lot 6 east of U.S. Highway 101 and west of the Yurok 
Experimental Forest, comprising 14 acres more or less and 
including all permanent structures thereon, shall thereafter be 
held in trust by the United States for the benefit of the Yurok 
Tribe and shall be part of the Yurok Reservation. 
(3XA) Pursuant to the authority of sections 5 and 7 of the Indian 
Reorganization Act of June 18, 1934 (25 U.S.C. 465, 467), the Sec-
retary may acquire from willing sellers lands or interests in land, 
including rights-of-way for access to trust lands, for the Yurok Tribe 
or its members, and such lands may be declared to be part of the 
Yurok Reservation. 
(B) From amounts authorized to be appropriated by the Act of 
November 2,1921 (42 Stat. 208; 25 U.S.C. 13), the Secretary shall use 
not less than $5,000,000 for the purpose of acquiring lands or 
interests in lands pursuant to subparagraph (A). No lands or 
interests in lands may be acquired outside the Yurok Reservation 
with such funds except lands adjacent to and contiguous with the 
Yurok Reservation or for purposes of exchange for lands within the 
reservation. 
(4)The— 
(A) apportionment of funds to the Yurok Tribe as provided in 
sections 4 and 7; 
(B) the land transfers pursuant to paragraph (2); 
(C) the land acquisition authorities in paragraph (3); and 
(D) the organizational authorities of section 9 shall not be 
effective unless and until the Interim Council of the Yurok 
Tribe has adopted a resolution waiving any claim such tribe 
may have against the United States arising out of the provisions 
of this Act. 
(d) BOUNDARY CLARIFICATIONS OR CORRECTIONS.—(1) The boundary 
between the Hoopa Valley Reservation and the Yurok Reservation, 
PUBLIC LAW 100-580—OCT. 31, 1988 
102 STAT. 2927 
after the partition of the joint reservation as provided in this 
section, shall be the line established by the Bissel-Smith survey. 
(2) Upon the partition of the joint reservation as provided in this 
section, the Secretary shall publish a description of the boundaries 
of the Hoopa Valley Reservation and Yurok Reservation in the 
Federal Register. 
(e) MANAGEMENT OP THE YUROK RESERVATION.—^The Secretary 
shall be responsible for the management of the unallotted trust land 
and assets of the Yurok Reservation until such time as the Yurok 
Tribe has been organized pursuant to section 9. Thereafter, those 
lands and assets shall be administered as tribal trust land and the 
Yurok reservation governed by the Yurok Tribe as other reserva-
tions are governed by the tribes of those reservations. 
(f) CRIMINAL AND CIVIL JURISDICTION.—^The Hoopa Valley Reserva-
tion and Yurok Reservation shall be subject to section 1360 of title 
28, United States Code; section 1162 of title 18, United States Code, 
and section 403(a) of the Act of April 11,1968 (82 Stat. 79; 25 U.S.C. 
1323(a)) 
SEC. 3. PRESERVATION OF SHORT CASES. 
Nothing in this Act shall affect, in any manner, the entitlement 
established under decisions of the United States Claims Court in the 
Short cases or any final ju(^^gment which may be rendered in those 
cases. 
SEC. 4. HOOPA-YUROK SETTLEMENT FUND. 
(a) ElsTABUSHMENT.—(1) There is hereby established the Hoopa-
Yurok Settlement Fund. Upon enactment of this Act, the Secretary 
shall cause all the funds in the escrow funds, t(^ether 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 section (c), the Secretary may distribute to the Hoopa 
Valley Tribe, pursuant to the provision of title I of the Department 
of the Interior and related Agencies Appropriations Act, 1985, under 
the heading "Bureau of Indian Affairs" and subheadii^ "Tribal 
Trust Funds" at 98 Stat. 1849 (25 U.S.C. 123c), 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 
(cj and (d) shall be calculated without r^ard to this subparagraph, 
but any amounts distributed under this subparagraph shall be 
deducted from the payment to the Hoopa Valley Tnbe pursuant to 
subsection (c). 
(3) Until the distribution is made to the Yurok Tribe pursuant to 
section (d), the Secretary may, in addition to providing Federal 
funding, distribute to the Yurok Transition Team, pursuant to 
provision of title I of the Department of the Interior and Related 
Agencies Appropriations Act, 1985, under the heading "Bureau of 
Indian Affairs" and subheading "Tribal Trust Funds" at 98 Stat. 1849 
(25 U.S.C. 123c), not to exceed $500,000 each fiscal year out of the 
income and principal of the Settlement Fund for tribal, non per 
capita purposes: Pmvidedy however. That the Settlement Fund 
apportioned under subsections (c) and (d) shall be calculated without 
r^ard to this subparagraph, but any amounts distributed under this 
subparagraph shall be deducted from the payment to the Yurok 
Tribe pursuant to subsection (d). 
Federal 
Register, 
publication. 
25 u s e 1300i-2. 
25 use 1300i-3. 
102 STAT. 2928 
PUBLIC LAW 100-580—OCT. 31, 1988 
(b) DISTRIBUTION; INVESTMENT.—The Secretary shall make dis-
tribution from the Settlement Fund as provided in this Act and, 
pending payments under section 6 and dissolution of the fund as 
provided in section 7, shall invest and administer such fund as 
Indian trust funds pursuant to the first section of the Act of June 24, 
1938 (52 Stat. 1037; 25 U.S.C. 162a). 
(c) HooPA VALLEY TRIBE PORTION.—Effective with the publication 
of the option election date pursuant to section 6(aX4), 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 6, 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 6(aX4), 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 6(c) by the sum of the number of the enrolled Hoopa Valley 
tribal members established pursuant to subsection (c) and the 
number of persons on the Settlement Roll, less any amount paid out 
of the Settlement Fund pursuant to section 6(cX3). 
Appropriation 
(e) FEDERAL SHARE.—There is hereby authorized to be appro-
authorization, 
priated the sum of $10,000,000 which shall be deposited into the 
Settlement Fund after the payments are made pursuant to subsec-
tions (c) and (d) and section 6(c). The Settlement Fund, including the 
amount deposited pursuant to this subsection and all income earned 
subsequent to the pajmaents made pursuant to subsections (c) and (d) 
and section 6(c), shall be available to make the payments authorized 
by section 6(d). 
25 use 1300i-4. 
SEC. 5. HOOPA-YUROK SETTLEMENT ROLL. 
(a) PREPARATION; EUGIBILTTY 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 bom on or prior to, and living upon, the date of 
enactment of this Act; 
(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 subsec-
tion shall be final except that any Short plaintiff determined by the 
United States Claims (Jourt to be an Indian of the Reservation shall 
be included on the Settlement Roll if they meet the other require-
ments of this subsection and any Short plaintiff determined by the 
United States Claims Court not to be an Indian of the Reservation 
shall not be eligible for inclusion on such roll. 
(b) RIGHT TO APPLY; NOTICE.—Within thirty days after the date of 
enactment of this Act, the Secretary shall give such notice of the 
right to apply for enrollment as provided in subsection (a) as he 
deems reasonable except that such notice shall include, but shall not 
be limited to— 
PUBLIC LAW 100-580—OCT. 31, 1988 
102 STAT. 2929 
(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 subsec-
tion, the Secretary shall publish such notice in the Federal Register. 
(c) APPUCATION DEADUNE.—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). 
(d) EuGiBiLiTY DETERMINATION; FINAL ROLX..—(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 estab-
lished pursuant to subsection (c). 
(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 6, 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 6(d) and prior to division pursuant to section 7. 
(3) Persons added to the Settlement Roll pursuant to appeals 
under this subsection shall not be considered in the calculations 
made pursuant to section 4. 
(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. 
SEC. 6. ELECTION OF SETTLEMENT OPTIONS. 
(a) NOTICE OF SETTLEMENT OPTIONS.—(1) Within sixty days after 
the publication of the Settlement Roll as provided in section 5(d), 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 comprehensive as possible and shall provide an objective 
assessment of the advantages and disadvantages of each of the 
options offered. The notice shall EIISO provide information about the 
counseling services which will be made available to inform individ-
uals about the respective rights and benefits associated with each 
option presented under this section. It shall also clarify that on 
election the Lump Sum Payment option requires the completion of a 
sworn affidavit certifying that the individual has been provided with 
complete information about the effects of such an election. 
(3) With respect to minors on the Settlement Roll the notice shall 
state that minors shall be deemed to have elected the option of 
section 6(c), except that if the parent or guardian furnishes proof 
satisfactory to the Secretary that a minor is an enrolled member of 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
25 u s e 1300i-5. 
Mail. 
Children and 
youth. 
102 STAT. 2930 
PUBLIC LAW 100-580—OCT. 31, 1988 
Claims. 
Jesse Short. 
Claims. 
Jesse Short. 
a tribe that prohibits members from enrolling in other tribes, the 
parent or guardian shall make the election for such minor. A minor 
subject to the provisions of section 6(c) shall, notwithstanding any 
other law, be deemed to be a child of a member of an Indian tribe 
regardless of the option elected pursuant to this Act by the minor's 
parent. With respect to minors on the Settlement Roll whose parent 
or guardian is not also on the roll, notice shall be given to the parent 
or guardian of such minor. The funds to which such minors are 
entitled shall be held in trust by the Secretary until the minor 
reaches age 18. The Secretary shall notify and provide payment to 
such person including all interest accrued. 
(4)(A) The notice shall also establish the date by which time the 
election of an option under this section must be made. The Secretary 
shall establish that date as the date which is one hundred and 
twenty days after the date of the publication in the Federal Register 
as required by section 5(d). 
(B) Any person on the Settlement Roll who has not made an 
election by the date established pursuant to subparagraph (A) shall 
be deemed to have elected the option provided in subsection (c). 
(b) HooPA TRIBAL MEMBERSHIP OPTION.—(1) Any person on the 
Settlement Roll, eighteen years or older, who can meet any of the 
enrollment criteria of the Hoopa Valley Tribe set out in the decision 
of the United States Court of Claims in its March 31, 1982, decision 
in the Short case (No. 102-63) as "Schedule A", "Schedule B", or 
"Schedule C" and who— 
(A) maintained a residence on the Hoopa Valley Reservation 
on the date of enactment of this Act; 
(B) had maintained a residence on the Hoopa Valley Reserva-
tion at any time within the five year period prior to the 
enactment of this Act; or 
(C) owns an interest in real property on the Hoopa Valley 
Reservation on the date of enactment of this Act, 
may elect to be, and, upon such election, shall be entitled to be, 
enrolled as a full member of the Hoopa Valley Tribe. 
(2) Notwithstanding any provision of the constitution, ordinances 
or resolutions of the Hoopa Valley Tribe to the contrary, the Sec-
retary shall cause any entitled person electing to be enrolled as a 
member of the Hoopa Valley Tribe to be so enrolled and such person 
shall thereafter be entitled to the same rights, benefits, and privi-
leges as any other member of such tribe. 
(3) The Secretary shall determine the quantum of "Indian blood" 
or "Hoopa Indian blood", if any, of each person enrolled in the 
Hoopa Valley Tribe under this subsection pursuant to the criteria 
established in the March 31, 1982, decision of the United States 
Court of Claims in the case of Jesse Short et al. v. United States, 
(CI. Ct. No. 102-63). 
(4) Any person making an election under this subsection shall no 
longer have any right or interest whatsoever in the tribal, com-
munal, or unallotted land, property, resources, or rights within, or 
appertaining to, the Yurok Indian Reservation or the Yurok Tribe 
or in the Settlement Fund. 
(c) YUROK TRIBAL MEMBERSHIP OPTION.—(1) Any person on 
the 
Settlement Roll may elect to become a member of the Yurok Tribe 
and shall be entitled to participate in the organization of such tribe 
as provided in section 9. 
(2) All persons making an election under this subsection shall 
form the base roll of the Yurok Tribe for purposes of organization 
PUBLIC LAW 100-580—OCT. 31, 1988 
102 STAT. 2931 
pursuant to section 9 and the Secretary shall determine the quan-
tum of "Indian blood" if any pursuant to the criteria established in 
the March 31,1982, decision of the United States Court of Claims in 
the case of Jesse Short et al. v. United States, (CI. a . No. 102-63). 
(3) The Secretary, subject to the provisions of section 7 of the Act 
of October 19, 1973 (87 Stat. 466), as amended (25 U.S.C. 1407), shall 
pay to each person making an election under this subsection, $5,000 
out of the Settlement Fund for those persons who are, on the date 
established pursuant to section 6(aX4), below the age of 50 years, and 
$7,500 out of the Settlement Fund for those persons who are, on that 
date, age 50 or older. 
(4) ^ y person making an election under this subsection shall no 
longer have any right or interest whatsoever in the tribal, com-
munal, or unallotted land, property, resources, or rights within, or 
appertaining to, the Hoopa VaUey Reservation or the Hoopa Valley 
TVibe or, except to the extent authorized by paragraph (3), in the 
Settlement Fund. Any such person shall also be deemed to have 
granted to members of the Interim Council established under sec-
tion 9 an irrevocable proj^ directing them to approve a proposed 
resolution waiving any claim the Yurok Tribe may have against the 
United States arising out of the provisions of this Act, and granting 
tribal consent as provided in section 9(dX2). 
(d) LUMP SUM PAYMENT OPTION.—(1) Any person on the Settle-
ment Roll may elect to receive a lump sum payment from the 
Settlement Fund and the Secretary shall pay to each such person 
the amount of $15,000 out of the Settlement Fund: Provided, That 
such individual completes a sworn affidavit certifying that he or she 
has been afforded the opportunity to participate in counseling which 
the Secretary, in consultation with the Hoopa Tribal Council or 
Yurok Transition Team, shall provide. Such counseling shall pro-
vide a comprehensive explanation of the effects of such election on 
the individual making such election, and on the tribal enrollment 
rights of that persons children and descendants who would other-
wise be eligible for membership in either the Hoopa or Yurok Tribe. 
(2) The option to elect a lump sum payment under this section is 
provided solely as a mechanism to resolve the complex litigation and 
other special circumstances of the Hoopa Valley Reservation and 
the tribes of the reservation, and shall not be construed or treated as 
a precedent for any future l^islation. 
(3) Any person making an election to receive, and having received, 
a lump sum payment under this subsection shaill not thereafter have 
any interest or right whatsoever in the tribal, communal, or 
unallotted land, property, resources, or rights within, or appertain-
ing to, the Hoopa Valley Reservation, the Hoopa Valley Tribe, the 
Yurok Reservation, or the Yurok Tribe or, except authorized by 
paragraph (1), in the Settlement Fund. 
SEC. 7. DIVISION OF SETTLEMENT FUND REMAINDER 
25 USC 1300i-6. 
(a) Any funds remaining in the Settlement Fund after the pay-
ments authorized to be made therefrom by subsections (c) and (d) of 
section 6 and any payments made to successful appellants pursuant 
to section 5(d) shall be paid to the Yurok Tribe and shall be held by 
the Secretary in trust for such tribe. 
(b) Funds divided pursuant to this section and any funds appor-
tioned to the Hoopa Valley Tribe and the Yurok Tribe pursuant to 
subsections (c) and (d) of section 4 shall not be distributed per capita 
to any individual before the date which is 10 years after the date on 
102 STAT. 2932 
PUBLIC LAW 100-580—OCT. 31, 1988 
which the division is made under this section: Provided, however, 
That if the Hoopa Valley Business Council shall decide to do so it 
may distribute from the funds apportioned to it a per capita pay-
ment of $5,000 per member, pursuant to the Act of August 2, 1983 
(25 U.S.C. 117a et seq.). 
25 u s e 1300i-7. 
SEC. 8. HOOPA VALLEY TRIBE; CONFIRMATION OF STATUS. 
The existing govening documents of the Hoopa Valley Tribe and 
the governing body established and elected thereunder, as here-
tofore recognized by the Secretary, are hereby ratified and 
confirmed. 
25 u s e 1300i-8. 
SEC. 9. RECOGNITION AND ORGANIZATION OF THE YUROK TRIBE. 
(a) YuROK TRIBE.—(1) Those persons on the Settlement Roll who 
made a valid election pursuant to subsection (c) of section 6 shall 
constitute the base membership roll for the Yurok Tribe whose 
status as an Indian tribe, subject to the adoption of the Interim 
Council resolution as required by subsection (dX2), is hereby ratified 
and confirmed. 
(2) The Indian Reorganization Act of June 18, 1934 (48 Stat. 984; 
25 U.S.C. 461 et seq.), as amended, is hereby made applicable to the 
Yurok Tribe and the tribe may organize under such Act as provided 
in this section. 
(3) Within thirty days (30) after the enactment of this Act the 
Secretary, after consultation with the appropriate committees of 
Congress, shall appoint five (5) individuals who shall comprise the 
Yurok Transition Team which, pursuant to a budget approved by 
the Secretary, shall provide counseling, promote communication 
with potential members of the Yurok Tribe concerning the provi-
sions of this Act, and shall study and investigate programs, 
resources, and facilities for consideration by the Interim Council. 
Any property acquired for or on behalf of the Yurok Transition 
Team shall be held in the name of the Yurok Tribe. 
db) INTERIM COUNCIL; ESTABUSHMENT.—There shall be established 
an Interim Council of the Yurok Tribe to be composed of five 
members. The Interim Council shall represent the Yurok Tribe in 
the implementation of provisions of this Act, including the organiza-
tional provisions of this section, and subject to subsection (d) shall be 
the governing body of the tribe until such time as a tribal council is 
elected under a constitution adopted pursuant to subsection (e). 
(c) GENERAL COUNCIL; ELECTION OF INTERIM COUNCIL.—(1) Within 
30 days after the date established pursuant to section 6(aX4), the 
Secretary shall prepare a list of all persons eighteen years of age or 
older who have elected the Yurok Tribal Membership Option pursu-
ant to section 6(c), which persons shall constitute the eligible voters 
of the Yurok Tribe for the purposes of this section, and shall provide 
written notice to such persons of the date, time, purpose, and order 
of procedure for the general council meeting to be scheduled pursu-
ant 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 
PUBLIC LAW 100-580—OCT. 31, 1988 
102 STAT. 2933 
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 pursu-
ant to paragraph (2), the Secretary shall hold an election by secret 
ballot, with absentee balloting £ind 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 Act. 
(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 Act, 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 mem-
bers, as provided in this Act, and 
(iii) to receive grants from, and enter into contracts for, 
Federal programs, including those administered by the Sec-
retary 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 deter-
mines 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). 
(5) The Interim Council shall be dissolved effective with the 
election and installation of the initial tribe governing body elected 
pursuant to the constitution adopted under subsection (e) 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), 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 r^ulations promulgated thereunder, for the adoption 
102 STAT. 2934 
PUBLIC LAW 100-580—OCT. 31, 1988 
of such constitution and, working with the Interim Council, the 
election of the initial tribal governing body upon the adoption of 
such constitution. 
25 use 1300i-9. 
SEC. 10. 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 the date of enactment of this Act, develop such a 
plan. 
(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 Qi) of this section), the 
Secretary shall submit such plan to the Congress. 
(b) CONSULTATION WITH STATE AND LOCAL OFFICIALS REQUIRED.— 
To assure that legitimate State and local interests are not preju-
diced 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 THE CONGRESS.—The Sec-
retary 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 accord-
ance 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). 
PUBLIC LAW 100-580—OCT. 31, 1988 
102 STAT. 2935 
SEC. 11. SPECIAL CONSIDERATIONS. 
25 USC 13001-10. 
(a) ElsTATE 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 the date of 
enactment of this Act. 
(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 £ifter the date of enactment of this Act, the tribes and reserva-
tions 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 9. The Secretary 
Federal 
shall publish in the Federal Register a notice of the effective date of 
Register, 
the merger. 
publication. 
(C) P^ERVATION OF LEASEHOLD AND ASSIGNMENT RiGHTS OF 
RANCHERIA RESIDENTS.—Real property on any rancheria that 
merges with the Yurok Reservation pursuant to subsection 0)) that 
is, on the date of enactment of this Act, held by any individual 
imder a lease shall continue to be governed by the terms of the 
lease, and any land assignment existing on the date of the enact-
ment of this Act shall continue in effect and may pass by descent or 
devise to any blood relative or relatives of Indian blood of the 
assignee. 
SEC. 12. KLAMATH RIVER BASIN FISHERIES TASK FORCE. 
(a) IN GENERAL.—Section 4(c) of the Act entitled "An Act to 
provide for the restoration of the fishery resources in the Klamath 
River Basin, and for other purposes" (16 U.S.C. 460ss-3) is 
amended— 
(A) in the matter preceding paragraph (1), by striking out 
"12" and inserting in lieu thereof "14"; and 
(B) by inserting at the end thereof the following new 
paragraphs: 
"(11) A representative of the Karuk Tribe, who shall be 
appointed by the governing body of the Tribe, 
"(12) A representative of the Yurok Tribe, who shall be 
appointed by the Secretary until such time as the Yurok Tribe 
is organized upon which time the Yurok Tribe shall appoint 
such representative beginning with the first appointment ordi-
narily occurring after the Yurok Tribe is organized". 
G)) SPECIAL RULE.—The initial term of the representative 
l6USC460ss-3 
appointed pursuant to section 4(c) (11) and (12) of such Act (as added no*©. 
by the amendment made by subsection (a)) shall be for that time 
which is the remainder of the terms of the members of the Task 
Force then serving. Thereafter, the term of such representatives 
shsdl be as provided in section 4(e) of such Act. 
102 STAT. 2936 
PUBLIC LAW 100-580—OCT. 31, 1988 
SEC. 13. TRIBAL TIMBER SALES PROCEEDS USE. 
Section 7 of the Act of June 25,1910 (36 Stat. 857; 25 U.S.C. 407) is 
amended to read as follows: 
"SEC. 7. Under regulations prescribed by the Secretary of the 
Interior, the timber on unallotted trust land in Indian reservations 
or on other land held in trust for tribes may be sold in accordance 
with the principles of sustained-3deld management or to convert the 
land to a more desirable use. After deduction, if any, for adminis-
trative expenses under the Act of February 14, 1920 (41 Stat. 415; 
25 U.S.C. 413), the proceeds of the sale shall be used— 
"(1) as determined by the governing bodies of the tribes 
concerned and approved by the Secretary, or 
"(2) in the absence of such a governing body, as determined by 
the Secretary for the tribe concerned.". 
25 use 13001-11. SEC. 14. LIMITATIONS OF ACTIONS; WAIVER OF CLAIMS. 
(a) Any claim challenging the partition of the joint reservation 
pursuant to section 2 or any other provision of this Act as having 
effected a taking under the fifth amendment of the United States 
Constitution or as otherwise having provided inadequate compensa-
tion shall be brought, pursuant to 28 U.S.C. 1491 or 28 U.S.C. 1505, 
in the United States Claims Court. 
fl))(l) 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 2 or 120 days 
after the publication in the Federal Register of the option election 
date as required by section 6(a)(4). 
(2) Any such claim by the Hoopa Valley Tribe shall be barred 180 
days after the date of enactment of this Act or such earlier date as 
may be established by the adoption of a resolution waiving such 
claims pursuant to section 2(a)(2). 
(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 9 or such earlier date as may be established by the adoption 
of a resolution waiving such claims as provided in section 9(dX2). 
Reports. 
(cXl) The Secretary shall prepare and submit to the Congress a 
report describing the final decision in any claim brought pursuant 
to subsection (b) against the United States or its officers, agencies, or 
instrumentalities. 
(2) Such report shall be submitted no later than 180 days after the 
entry of final judgment in such litigation. The report shall include 
any recommendations of the Secretary for action by Congress, 
including, but not limited to, any supplemental funding proposals 
necessary to implement the terms of this Act and any modifications 
to the resource and management authorities established by this Act. 
Notwithstanding the provisions of 28 U.S.C. 2517, any judgment 
PUBLIC LAW 100-580—OCT. 31, 1988 
102 STAT. 2937 
entered against the United States shall not be paid for 180 days 
after the entry of judgment; and, if the Secretary of the Interior 
submits a report to Congress pursuant to this section, then payment 
shall be made no earlier than 120 days after submission of the 
report. 
Approved October 31, 1988. 
LEGISLATIVE HISTORY—S. 2723 (H.R. 4469): 
HOUSE REPORTS: No. 100-938, Pt. 1, accompanying H.R. 4469 (Ck)mm. on Interior 
and Insular Affairs). 
SENATE REPORTS: No. 100-564 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Sept. 30, considered and passed Senate. 
Oct. 3, 4, considered and passed House.