HOOPA -- The Hoopa Valley Tribe this week filed an
appeal with the U.S. Department of Interior Board of Indian Appeals
to try to block the distribution of $91 million from the Hoopa-Yurok
Settlement Act.
The U.S. Interior Department recently decided that
the money it held in trust under the Hoopa-Yurok Settlement Act
belongs with the Yuroks. The money comes from timber sales on the
Hoopa Reservation, which was split in 1988.
The Yuroks have long held that it should be
compensated because its share of the reservation, a narrow swath of
mostly privately owned land on either side of the Klamath River
below Weitchpec, doesn't give them access to rich timber like that
on the Hoopa Reservation.
The Hoopa Valley Tribe maintains the decision was
illegal and against the department's own past rulings, calling it
“arbitrary, capricious, an abuse of discretion, and not in
accordance with law.”
Hoopa Valley Tribal Chairman Clifford Lyle
Marshall said in a press release that the decision violates federal
law.
“We have no choice but to appeal the
decision,” said Marshall. “When Hoopa accepted Congress'
settlement 19 years ago, the Yuroks refused the money and tried to
get a better deal by suing the government. They gambled and lost
their litigation. Now they have used politics to circumvent the
conditions of the Hoopa-Yurok Settlement Act.”
One of the original conditions to receive the
money was waiving the right to sue the government. While the Yuroks
did later pursue legal action against the government, the ruling on
March 1 said the Yurok Tribe can still submit an unconditional
waiver of claims against the government.
Once the tribe does that, the decision said, the
money would be released to the tribe.