§ 1300i-1. — Reservations; partition and additions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1300i-1]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER LXXX--HOOPA-YUROK SETTLEMENT
Sec. 1300i-1. 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)
of this section.
(2)(A) The partition of the joint reservation as provided in this
subsection, and the ratification and confirmation as provided by section
1300i-7 of this title, shall not become effective unless, within 60 days
after October 31, 1988, 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 subchapter, 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
subchapter.
(B) The Secretary, after determining the validity of the resolution
transmitted pursuant to subparagraph (A), shall cause such resolution to
be printed in the Federal Register.
(b) Hoopa Valley Reservation
Effective with the partition of the joint reservation as provided in
subsection (a) of this section, 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.
(c) Yurok Reservation
(1) Effective with the partition of the joint reservation as
provided in subsection (a) of this section, 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.
(2) Subject to all valid existing rights and subject to the adoption
of a resolution of the Interim Council of the Yurok Tribe as provided in
section 1300i-8(d)(2) of this title, all right, title, and interest of
the United States--
(A) to all national forest system 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.
(3)(A) Pursuant to the authority of sections 465 and 467 of this
title, the Secretary 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 section 13 of this
title, 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 1300i-3 and 1300i-6 of this title;
(B) the land transfers pursuant to paragraph (2);
(C) the land acquisition authorities in paragraph (3); and
(D) the organizational authorities of section 1300i-8 of this
title 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 subchapter.
(d) Boundary clarifications or corrections
(1) The boundary between the Hoopa Valley Reservation and the Yurok
Reservation, 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 of 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 1300i-8
of this title. Thereafter, those lands and assets shall be administered
as tribal trust land and the Yurok reservation governed by the Yurok
Tribe as other reservations are governed by the tribes of those
reservations.
(f) Criminal and civil jurisdiction
The Hoopa Valley Reservation and Yurok Reservation shall be subject
to section 1360 of title 28; \1\ section 1162 of title 18, and section
1323(a) of this title.
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\1\ So in original. The semicolon probably should be a comma.
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(Pub. L. 100-580, Sec. 2, Oct. 31, 1988, 102 Stat. 2925.)
References in Text
Section 2 of the Act of April 8, 1864, referred to in subsec. (b),
is section 2 of act Apr. 8, 1864, ch. 48, 13 Stat. 40, which was not
classified to the Code.
Executive Order of June 23, 1876, and Executive Order 1480 of
February 17, 1912, referred to in subsec. (b), are not classified to the
Code.
Executive Order of October 16, 1891, referred to in subsec. (c), is
not classified to the Code.
Hoopa Valley Reservation South Boundary Adjustment
Pub. L. 105-79, Nov. 13, 1997, 111 Stat. 1527, as amended by Pub. L.
105-256, Sec. 6, Oct. 14, 1998, 112 Stat. 1897, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Hoopa Valley Reservation South
Boundary Adjustment Act'.
``SEC. 2. TRANSFER OF LANDS WITHIN SIX RIVERS NATIONAL FOREST FOR HOOPA
VALLEY TRIBE.
``(a) Transfer.--All right, title, and interest in and to the lands
described in subsection (b) shall hereafter be administered by the
Secretary of the Interior and be held in trust by the United States for
the Hoopa Valley Tribe. The lands are hereby declared part of the Hoopa
Valley Reservation. Upon the inclusion of such lands in the Hoopa Valley
Reservation, Forest Service system roads numbered 8N03 and 7N51 and the
Trinity River access road which is a spur off road numbered 7N51, shall
be Indian reservation roads, as defined in section 101(a) of title 23 of
the United States Code.
``(b) Lands Described.--The lands referred to in subsection (a) are
those portions of Townships 7 North and 8 North, Ranges 5 East and 6
East, Humboldt Meridian, California, within a boundary beginning at a
point on the current south boundary of the Hoopa Valley Indian
Reservation, marked and identified as `Post H.V.R. No. 8' on the Plat of
the Hoopa Valley Indian Reservation prepared from a field survey
conducted by C.T. Bissel, Augustus T. Smith, and C.A. Robinson, Deputy
Surveyors, approved by the Surveyor General, H. Pratt, March 18, 1892,
and extending from said point on a bearing of north 73 degrees 50
minutes east, until intersecting with a line beginning at a point marked
as `Post H.V.R. No. 3' on such survey and extending on a bearing of
south 14 degrees 36 minutes east, comprising 2,641 acres more or less.
``(c) Boundary Adjustment.--The boundary of the Six Rivers National
Forest in the State of California is hereby adjusted to exclude the
lands to be held in trust for the benefit of the Hoopa Valley Tribe
pursuant to this section.
``(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.