[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-4]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER LXXX--HOOPA-YUROK SETTLEMENT
Sec. 1300i-4. Hoopa-Yurok Settlement Roll
(a) Preparation; eligibility 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 born on or prior to, and living upon, October 31,
1988;
(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
subsection shall be final except that any Short plaintiff determined by
the United States Court of Federal Claims to be an Indian of the
Reservation shall be included on the Settlement Roll if they meet the
other requirements of this subsection and any Short plaintiff determined
by the United States Court of Federal Claims not to be an Indian of the
Reservation shall not be eligible for inclusion on such roll. Children
under age 10 on the date they applied for the Settlement Roll who have
lived all their lives on the Joint Reservation or the Hoopa Valley or
Yurok Reservations, and who otherwise meet the requirements of this
section except they lack 10 years of Reservation residence, shall be
included on the Settlement Roll.
(b) Right to apply; notice
Within thirty days after October 31, 1988, the Secretary shall give
such notice of the right to apply for enrollment as provided in
subsection (a) of this section as he deems reasonable except that such
notice shall include, but shall not be limited to--
(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 subsection,
the Secretary shall publish such notice in the Federal Register.
(c) Application deadline
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) of this section.
(d) Eligibility determination; final roll
(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 established pursuant to subsection (c) of this section.
(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 1300i-5 of this title, 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
1300i-5(d) of this title and prior to division pursuant to section
1300i-6 of this title.
(3) Persons added to the Settlement Roll pursuant to appeals under
this subsection shall not be considered in the calculations made
pursuant to section 1300i-3 of this title.
(4) For the sole purpose of preparing
