[Congressional Record Volume 150, Number 121 (Thursday, September 30, 2004)]
[Senate]
[Pages S10072-S10074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2878. 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; to the Committee on Indian 
Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to introduce The 
Hoopa-Yurok Settlement Amendment Act of 2004, a bill that would provide 
for the acquisition of land for the Yurok Reservation and an increase 
in economic development beneficial to the Hoopa Valley Tribe and Yurok 
Tribe in the State of California. This bill is introduced at the 
request of the Hoopa Valley Tribe and the Yurok Tribe, and is for 
discussion purposes only.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2878

       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

[[Page S10073]]

     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; and
       ``(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.

[[Page S10074]]

     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.
                                 ______