§ 1300i-5. — Election of settlement options.
[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-5]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER LXXX--HOOPA-YUROK SETTLEMENT
Sec. 1300i-5. Election of settlement options
(a) Notice of settlement options
(1) Within sixty days after the publication of the Settlement Roll
as provided in section 1300i-4(d) of this title, 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 also provide information about the counseling
services which will be made available to inform individuals 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
subsection (c) of this section, except that if the parent or guardian
furnishes proof satisfactory to the Secretary that a minor is an
enrolled member of 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 subsection (c) of this
section 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 subchapter 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 1300i-4(d) of this title.
(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) of this section.
(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
October 31, 1988;
(B) had maintained a residence on the Hoopa Valley Reservation
at any time within the five year period prior to October 31, 1988;
or
(C) owns an interest in real property on the Hoopa Valley
Reservation on October 31, 1988,
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 Secretary
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 privileges 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, (Cl. 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, communal, 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 1300i-8 of this title.
(2) All persons making an election under this subsection shall form
the base roll of the Yurok Tribe for purposes of organization pursuant
to section 1300i-8 of this title and the Secretary shall determine the
quantum 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, (Cl. Ct. No. 102-63).
(3) The Secretary, subject to the provisions of section 1407 of this
title, 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 subsection (a)(4) of this section,
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) Any person making an election under this subsection shall no
longer have any right or interest whatsoever in the tribal, communal, or
unallotted land, property, resources, or rights within, or appertaining
to, the Hoopa Valley Reservation or the Hoopa Valley Tribe 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 section 1300i-8 of this title an irrevocable
proxy 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 subchapter, and granting tribal consent as provided
in section 1300i-8(d)(2) of this title.
(d) Lump sum payment option
(1) Any person on the Settlement 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 provide 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 otherwise 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 legislation.
(3) Any person making an election to receive, and having received, a
lump sum payment under this subsection shall not thereafter have any
interest or right whatsoever in the tribal, communal, or unallotted
land, property, resources, or rights within, or appertaining 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.
(Pub. L. 100-580, Sec. 6, Oct. 31, 1988, 102 Stat. 2929.)
Section Referred to in Other Sections
This section is referred to in sections 1300i-3, 1300i-4, 1300i-6,
1300i-8, 1300i-11 of this title.
