Hoopa-Yurok Settlement Amendment Act of 2004 - Amends the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation.
Provides that Federal law enforcement and tribal court funds and programs shall be made available to the Hoopa Valley Tribe and Yurok Tribe on the same basis as the funds and programs are available to other Indian tribes.
Provides for recognition of the Yurok Tribe.
Directs the Secretary of the Interior and the Secretary of Agriculture to enter into stewardship agreements with the Yurok Tribe with respect to management of Klamath River Basin fisheries and water resources.
Authorizes appropriations for Yurok infrastructure development and for Yurok economic development.
Amends the Klamath River Basin Fisheries Act to revise the membership of the Klamath Fishery Management Council to include as voting members a representative of the Yurok Tribe appointed by the Yurok Tribal Council and a representative of the Department of the Interior appointed by the Secretary of the Interior.
Amends the Hoopa-Yurok Settlement Act to require the Secretary to enter into negotiations with the Yurok Tribe to establish a plan for the economic self-sufficiency of the Yurok Tribe.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2878 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2878
To amend the Hoopa-Yurok Settlement Act to provide for the acquisition
of land for the Yurok Reservation and an increase in economic
development beneficial to the Hoopa Valley Tribe and the Yurok Tribe,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2004
Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Hoopa-Yurok Settlement Act to provide for the acquisition
of land for the Yurok Reservation and an increase in economic
development beneficial to the Hoopa Valley Tribe and the Yurok Tribe,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hoopa-Yurok Settlement Amendment Act
of 2004''.
SEC. 2. ACQUISITION OF LAND FOR THE YUROK RESERVATION.
Section 2(c) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-
1(c)) is amended by adding at the end the following:
``(5) Land acquisition.--
``(A) In general.--Not later than 1 year after the
date of enactment of this paragraph, the Secretary and
the Secretary of Agriculture shall--
``(i) in consultation with the Yurok Tribe,
identify Federal and private land available
from willing sellers within and adjacent to or
in close proximity to the Yurok Reservation in
the aboriginal territory of the Yurok Tribe
(excluding any land within the Hoopa Valley
Reservation) as land that may be considered for
inclusion in the Yurok Reservation;
``(ii) negotiate with the Yurok Tribe to
determine, from the land identified under
clause (i), a land base for an expanded Yurok
Reservation that will be adequate for economic
self-sufficiency and the maintenance of
religious and cultural practices;
``(iii) jointly with the Yurok Tribe,
provide for consultation with local
governments, and other parties whose interests
are directly affected, concerning the potential
sale or other transfer of land to the Yurok
Tribe under this Act;
``(iv) submit to Congress a report
identifying any parcels of land within their
respective jurisdictions that are determined to
be within the land base negotiated under clause
(ii); and
``(v) not less than 60 days after the date
of submission of the report under clause (iv),
convey to the Secretary in trust for the Yurok
Tribe the parcels of land within their
respective jurisdictions that are within that
land base.
``(B) Acceptance in trust.--The Secretary shall--
``(i) accept in trust for the Yurok Tribe
the conveyance of such private land as the
Yurok Tribe, or the United States on behalf of
the Yurok Tribe, may acquire from willing
sellers, by exchange or purchase; and
``(ii) provide for the expansion of the
Yurok Reservation boundaries to reflect the
conveyances.
``(C) Funding.--Notwithstanding any other provision
of law, from funds made available to carry out this
Act, the Secretary may use $2,500,000 to pay the costs
of appraisals, surveys, title reports, and other
requirements relating to the acquisition by the Yurok
Tribe of private land under this Act (excluding land
within the boundaries of the Hoopa Valley Reservation).
``(D) Report.--
``(i) In general.--Not later than 90 days
after the date of submission of the report
under subparagraph (A)(iv), the Secretary, in
consultation with the Secretary of Agriculture
relative to the establishment of an adequate
land base for the Yurok Tribe, shall submit to
Congress a report that describes--
``(I) the establishment of an
adequate land base for the Yurok Tribe
and implementation of subparagraph (A);
``(II) the sources of funds
remaining in the Settlement Fund,
including the statutory authority for
such deposits and the activities,
including environmental consequences,
if any, that gave rise to those
deposits;
``(III) disbursements made from the
Settlement Fund;
``(IV) the provision of resources,
reservation land, trust land, and
income-producing assets including, to
the extent data are available
(including data available from the
Hoopa Valley Tribe and the Yurok
Tribe), the environmental condition of
the land and income-producing assets,
infrastructure, and other valuable
assets; and
``(V) to the extent data are
available (including data available
from the Hoopa Valley Tribe and the
Yurok Tribe), the unmet economic,
infrastructure, and land needs of each
of the Hoopa Valley Tribe and the Yurok
Tribe.
``(ii) Limitation.--No expenditures for any
purpose shall be made from the Settlement Fund
before the date on which, after receiving the
report under clause (i), Congress enacts a law
authorizing such expenditures, except as the
Hoopa Valley Tribe and Yurok Tribes may agree
pursuant to their respective constitutional
requirements.
``(6) Claims.--
``(A) In general.--The Court of Federal Claims
shall hear and determine all claims of the Yurok Tribe
or a member of the Yurok Tribe against the United
States asserting that the alienation, transfer, lease,
use, or management of land or natural resources located
within the Yurok Reservation violates the Constitution,
laws, treaties, Executive orders, regulations, or
express or implied contracts of the United States.
``(B) Conditions.--A claim under subparagraph (A)
shall be heard and determined--
``(i) notwithstanding any statute of
limitations (subject to subparagraph (C)) or
any claim of laches; and
``(ii) without application of any setoff or
other claim reduction based on a judgment or
settlement under the Act of May 18, 1928 (25
U.S.C. 651 et seq.) or other laws of the United
States.
``(C) Limitation.--A claim under subparagraph (A)
shall be brought not later than 10 years after the date
of enactment of this paragraph.''.
SEC. 3. JURISDICTION.
(a) Law Enforcement and Tribal Court Funds and Programs.--Section
2(f) of the Hoopla-Yurok Settlement Act (25 U.S.C. 1300i-1(f)) is
amended--
(1) by striking ``The Hoopa'' and inserting the following:
``(1) In general.--The Hoopa'';
(2) by striking the semicolon after ``Code'' the first
place it appears and inserting a comma; and
(3) by adding at the end the following:
``(2) Law enforcement and tribal court funds and
programs.--
``(A) In general.--Notwithstanding paragraph (1),
Federal law enforcement and tribal court funds and
programs shall be made available to the Hoopa Valley
Tribe and Yurok Tribe on the same basis as the funds
and programs are available to Indian tribes that are
not subject to the provisions of law referred to in
paragraph (1).
``(B) Authorization of appropriations.--There is
authorized to be appropriated for Yurok law enforcement
and tribal court programs $1,000,000 for each fiscal
year.''.
(b) Recognition of the Yurok Tribe.--Section 9 of the Hoopa-Yurok
Settlement Act (25 U.S.C. 1300i-8) is amended by adding at the end the
following:
``(f) Recognition of the Yurok Tribe.--The authority of the Yurok
Tribe over its territories as provided in the constitution of the Yurok
Tribe as of the date of enactment of this subsection are ratified and
confirmed insofar as that authority relates to the jurisdiction of the
Yurok Tribe over persons and land within the boundaries of the Yurok
Reservation.''.
(c) Yurok Reservation Resources.--Section 12 of the Hoopa Yurok
Settlement Act (102 Stat. 2935) is amended by adding at the end the
following:
``(c) Klamath River Basin Fisheries.--
``(1) In general.--The Secretary and the Secretary of
Agriculture shall enter into stewardship agreements with the
Yurok Tribe with respect to management of Klamath River Basin
fisheries and water resources.
``(2) Effect of paragraph.--Nothing in paragraph (1)
provides the Yurok Tribe with any jurisdiction within the Hoopa
Valley Reservation.
``(d) Management Authority.--
``(1) Definition of comanangement authority.--In this
subsection, the term `management authority' means the right to
make decisions jointly with the Secretary or the Secretary of
Agriculture, as the case may be, with respect to the natural
resources and sacred and cultural sites described in paragraph
(2).
``(2) Grant of management authority.--There is granted to
the Yurok Tribe management authority over all natural
resources, and over all sacred and cultural sites of the Yurok
Tribe within their usual and accustomed places, that are on
land remaining under the jurisdiction of the National Park
Service, Forest Service, or Bureau of Land Management within
the aboriginal territory of the Yurok Tribe.
``(e) Subsistence.--
``(1) In general.--There is granted access for subsistence
hunting, fishing, and gathering rights for members of the Yurok
Tribe over all land and water within the aboriginal territory
of the Yurok Tribe that remain under the jurisdiction of the
Yurok Tribe or the United States, excluding any land within the
Hoopa Valley Reservation.
``(2) Condition.--All subsistence-related activities under
paragraph (1) shall be conducted in accordance with management
plans developed by the Yurok Tribe.''.
SEC. 4. BASE FUNDING.
From amounts made available to the Secretary for new tribes
funding, the Secretary shall make an adjustment in the base funding for
the Yurok Tribe based on the enrollment of the Yurok Tribe as of the
date of enactment of this Act.
SEC. 5. YUROK INFRASTRUCTURE DEVELOPMENT.
(a) In General.--There are authorized to be appropriated--
(1) $20,000,000 for the upgrade and construction of Bureau
of Indian Affairs and tribal roads on the Yurok Reservation;
(2) for each fiscal year, $500,000 for the operation of a
road maintenance program for the Yurok Tribe;
(3) $3,500,000 for purchase of equipment and supplies for
the Yurok Tribe road maintenance program;
(4) $7,600,000 for the electrification of the Yurok
Reservation;
(5) $2,500,000 for telecommunication needs on the Yurok
Reservation;
(6) $18,000,000 for the improvement and development of
water and wastewater treatment systems on the Yurok
Reservation;
(7) $6,000,000 for the development and construction of a
residential care, drug and alcohol rehabilitation, and
recreational complex near Weitchpec;
(8) $7,000,000 for the construction of a cultural center
for the Yurok Tribe;
(9) $4,000,000 for the construction of a tribal court, law
enforcement, and detention facility in Klamath;
(10) $10,000,000 for the acquisition or construction of at
least 50 homes for Yurok Tribe elders;
(11) $3,200,000 for the development and initial startup
cost for a Yurok School District; and
(12) $800,000 to supplement Yurok Tribe higher education
need.
(b) Priority.--Congress--
(1) recognizes the unsafe and inadequate condition of roads
and major transportation routes on and to the Yurok
Reservation; and
(2) identifies as a priority that those roads and major
transportation routes be upgraded and brought up to the same
standards as transportation systems throughout the State of
California.
SEC. 6. YUROK ECONOMIC DEVELOPMENT.
There are authorized to be appropriated--
(1) $20,000,000 for the construction of an ecolodge and
associated costs;
(2) $1,500,000 for the purchase of equipment to establish a
gravel operation; and
(3) $6,000,000 for the purchase and improvement of
recreational and fishing resorts on the Yurok Reservation.
SEC. 7. BLM LAND.
(a) Conveyance to the Yurok Tribe.--The following parcels of Bureau
of Land Management land within the aboriginal territory of the Yurok
Tribe are conveyed in trust status to the Yurok Tribe:
(1) T. 9N., R. 4E, HUM, sec. 1.
(2) T. 9N., R. 4E, sec. 7.
(3) T. 9N., R. 4E., sec. 8, lot 3.
(4) T. 9N., R. 4E., sec. 9, lots 19 and 20.
(5) T. 9N., R. 4E., sec. 17, lots 3 through 6.
(6) T. 9N., R. 4E., sec. 18, lots 7 and 10.
(7) T. 9N., R. 3E., sec. 13, lots 8 and 12.
(8) T. 9N., R. 3E, sec. 14, lot 6.
(b) Conveyance to the Hoopa Valley Tribe.--The following parcels of
Bureau of Land Management land along the western boundaries of the
Hoopa Valley Reservation are conveyed in trust status to the Hoopa
Valley Tribe:
(1) T. 9N, R. 3E., sec. 23, lots 7 and 8.
(2) T. 9N., R. 3E., sec. 26, lots 1 through 3.
(3) T. 7N., R. 3E., sec. 7, lots 1 and 6.
(4) T. 7N., R. 3E., sec. 1.
SEC. 8. REPEAL OF OBSOLETE PROVISIONS.
Section 2(c)(4) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-
1(c)(4)) is amended by striking ``The--
'' and all that follows through ``shall not be'' and inserting ``The
apportionment of funds to the Yurok Tribe under sections 4 and 7 shall
not be''.
SEC. 9. VOTING MEMBER.
Section 3(c) of the Klamath River Basin Fisheries Restoration Act
(16 U.S.C. 460ss-2(c)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6); and
(2) by striking paragraph (3) and inserting the following:
``(3) A representative of the Yurok Tribe who shall be
appointed by the Yurok Tribal Council.
``(4) A representative of the Department of the Interior
who shall be appointed by the Secretary.''.
SEC. 10. ECONOMIC SELF-SUFFICIENCY.
Section 10 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-9) is
amended by striking subsection (a) and inserting the following:
``(a) Plan for Economic Self-Sufficiency.--
``(1) Negotiations.--Not later than 30 days after the date
of enactment of the Hoopa-Yurok Settlement Amendment Act of
2004, the Secretary shall enter into negotiations with the
Yurok Tribe to establish a plan for the economic self-
sufficiency of the Yurok Tribe, which shall be completed not
later than 18 months after the date of enactment of the Hoopa-
Yurok Settlement Amendment Act of 2004.
``(2) Submission to congress.--On the approval of the plan
by the Yurok Tribe, the Secretary shall submit the plan to
Congress.
``(3) Authorization of appropriations.--There is authorized
to be appropriated $3,000,000 to establish the Yurok Tribe
Self-Sufficiency Plan.''.
SEC. 11. EFFECT OF ACT.
Nothing in this Act or any amendment made by this Act limits the
existing rights of the Hoopa Valley Tribe or the Yurok Tribe Tribe.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S10072)
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S10072-10074)
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