§ 1300i-11. — Limitations of actions; waiver of claims.
[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-11]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER LXXX--HOOPA-YUROK SETTLEMENT
Sec. 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
1300i-8 of this title or such earlier date as may be established by the
adoption of a resolution waiving such claims as provided in section
1300i-8(d)(2) of this title.
(c) Report to Congress
(1) The Secretary shall prepare and submit to the Congress a report
describing the final decision in any claim brought pursuant to
subsection (b) of this section 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 subchapter and any modifications to the
resource and management authorities established by this subchapter.
Notwithstanding the provisions of section 2517 of title 28, any judgment
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.
(Pub. L. 100-580, Sec. 14, Oct. 31, 1988, 102 Stat. 2936; Pub. L. 101-
301, Sec. 9(4), May 24, 1990, 104 Stat. 211; Pub. L. 102-572, title IX,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
Amendments
1992--Subsec. (a). Pub. L. 102-572 substituted ``United States Court
of Federal Claims'' for ``United States Claims Court''.
1990--Subsec. (a). Pub. L. 101-301 inserted at end ``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.''
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.
