[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>