Not only did the ruling reverse what had been the
position of the Interior Department in a heated dispute between the
Hoopa Valley Tribe and the Yurok Tribe over more than $90 million,
but it resolved nothing.
Instead, the decision appears to have spawned a
new legal battle that, in one way or another, has been raging for 50
years, with two trips to the U.S. Supreme Court and many others to
Capitol Hill. 
At issue is a pot of money from logging on the
Hoopa Valley Reservation dating back to the 1950s. That dispute
spawned a lawsuit that went to the U.S. Supreme Court, after which
Congress passed a peacemaking settlement act championed by former
Sen. Alan Cranston, D-Calif.
The 1988 settlement act divided the reservation,
which until then both tribes had shared for more than a century. It
also set up a $65 million settlement fund, using escrowed timber
money, that would go equally to the two tribes if they agreed not to
challenge the act in court.
The Hoopa signed a waiver of their right to sue
and took their cut in 1991. The Yurok tribe filed a lawsuit
challenging the settlement.
The lawsuit finally ran its course in 2001, when
the U.S. Supreme Court refused to review lower court rulings against
the Yurok.
The end of the lawsuit merely thrust the fight
over the money into the lap of the Interior Department.
The Yurok said they had signed a "conditional
waiver" that became final when the Supreme Court rejected their
lawsuit. The money, now amounting to about $90 million even after
the Hoopa had taken their $34 million slice, should go to them, the
Yurok said.
The Hoopa said the Yurok clearly weren't entitled
to the money because they had done exactly what the settlement act's
incentives were aimed at preventing.
When the Senate Indian Affairs Committee held a
hearing on the dispute in 2002, Interior Department officials said
they were in a quandary over what to do with the settlement money.
But they felt it should not go to the Yurok, who clearly violated
the terms of the settlement by filing suit. The department pleaded
for "further instruction" from Congress.
But Congress didn't want to decide between the two
tribes.
Rep. Mike Thompson, D-St. Helena, and the state's
two Democratic senators, Barbara Boxer and Dianne Feinstein, wrote
the Interior Department in 2005, raising a series of questions,
including one asking why the Interior Department couldn't just
decide this on its own.
The Interior Department's answer came earlier this
month in a letter to the two tribes. To the utter shock of the
Hoopa, the Interior Department said all the money should go to the
Yurok.
Ross Swimmer, special trustee for American Indians
for the Interior Department, said the Yurok are now willing to sign
the unconditional waiver that the act required for the tribe to
receive its share of the proceeds. There was no time limit on when
the waiver must be signed, Swimmer noted.
The Yurok called the Interior Department's new
position "monumental."
"With this issue finally resolved, Yurok and
Hoopa can put our differences aside," Yurok tribal Chair Maria
Tripp said in a statement.
The Hoopa responded last week by launching a new
round of appeals.
In its filing with the Interior Department's Board
of Indian Appeals, the Hoopa called the department's about-face
"absurd and unfair" and politically inspired.
"Here we go again," said the tribe's
longtime attorney, Thomas Schlosser. "The only thing the
Interior Department has accomplished here is to create another round
of litigation."