25 USC Sec. 1300i-11 01/06/03
TITLE 25 - INDIANS
CHAPTER 14 - MISCELLANEOUS
SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT
Sec. 1300i-11. Limitations of actions; waiver of claims
(a) Claims against partition of joint reservation
Any claim challenging the partition of the joint reservation
pursuant to section 1300i-1 of this title or any other provision of
this subchapter as having effected a taking under the fifth
amendment of the United States Constitution or as otherwise having
provided inadequate compensation shall be brought, pursuant to
section 1491 or 1505 of title 28, in the United States Court of
Federal Claims. The Yurok Transition Team, or any individual
thereon, shall not be named as a defendant or otherwise joined in
any suit in which a claim is made arising out of this subsection.
(b) Limitations on claims
(1) Any such claim by any person or entity, other than the Hoopa
Valley Tribe or the Yurok Tribe, shall be forever barred if not
brought within the later of 210 days from the date of the partition
of the joint reservation as provided in section 1300i-1 of this
title or 120 days after the publication in the Federal Register of
the option election date as required by section 1300i-5(a)(4) of
(2) Any such claim by the Hoopa Valley Tribe shall be barred 180
days after October 31, 1988, or such earlier date as may be
established by the adoption of a resolution waiving such claims
pursuant to section 1300i-1(a)(2) of this title.
(3) Any such claim by the Yurok Tribe shall be barred 180 days
after the general council meeting of the Yurok Tribe as provided in
section 1300i-8 of this title or such earlier date as may be
established by the adoption of a resolution waiving such claims as
provided in section 1300i-8(d)(2) of this title.
(c) Report to Congress
(1) The Secretary shall prepare and submit to the Congress a
report describing the final decision in any claim brought pursuant
to subsection (b) of this section against the United States or its
officers, agencies, or instrumentalities.
(2) Such report shall be submitted no later than 180 days after
the entry of final judgment in such litigation. The report shall
include any recommendations of the Secretary for action by
Congress, including, but not limited to, any supplemental funding
proposals necessary to implement the terms of this subchapter and
any modifications to the resource and management authorities
established by this subchapter. Notwithstanding the provisions of
section 2517 of title 28, any judgment entered against the United
States shall not be paid for 180 days after the entry of judgment;
and, if the Secretary of the Interior submits a report to Congress
pursuant to this section, then payment shall be made no earlier
than 120 days after submission of the report.
(Pub. L. 100-580, Sec. 14, Oct. 31, 1988, 102 Stat. 2936; Pub. L.
101-301, Sec. 9(4), May 24, 1990, 104 Stat. 211; Pub. L. 102-572,
title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
1992 - Subsec. (a). Pub. L. 102-572 substituted "United States
Court of Federal Claims" for "United States Claims Court".
1990 - Subsec. (a). Pub. L. 101-301 inserted at end "The Yurok
Transition Team, or any individual thereon, shall not be named as a
defendant or otherwise joined in any suit in which a claim is made
arising out of this subsection."
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.