
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 the Settlement Roll under this 
section, the Yurok Transition Team and the Hoopa Valley Business Council 
may review applications, make recommendations which the Secretary shall 
accept unless conflicting or erroneous, and may appeal the Secretary's 
decisions concerning the Settlement Roll. Full disclosure of relevant 
records shall be made to the Team and to the Council notwithstanding any 
other provision of law.

(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.

(Pub. L. 100-580, Sec. 5, Oct. 31, 1988, 102 Stat. 2928; Pub. L. 101-
301, Sec. 9(1), (2), May 24, 1990, 104 Stat. 210; Pub. L. 102-572, title 
IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)


                               Amendments

    1992--Subsec. (a)(2). Pub. L. 102-572 substituted ``United States 
Court of Federal Claims'' for ``United States Claims Court'' in two 
places.
    1990--Subsec. (a)(2). Pub. L. 101-301, Sec. 9(1), inserted at end 
``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.''
    Subsec. (d)(4). Pub. L. 101-301, Sec. 9(2), added par. (4).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1300i, 1300i-5, 1300i-6 of 
this title.
