IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
TILLIE HARDWICK, et al., Plaintiffs
v.
UNITED STATES OF AMERICA, et al., Defendants
Order Approving Entry of Final Judgement in Action
ORDER
Upon review of the stipulation of parties for entry of judgement in
the underlying action, as well as the findings and hearing on the
proposed settlement on December 15, 1983, IT IS HEREBY ORDERED that
judgement be entered for plaintiffs, according to the terms of the
stipulation filed by the parties on August 2, 1983.
IT IS SO ORDERED.
SIGNED by: Judge
DAVID J. RAPPORT
LESTER J. MARSTON
California Indian Legal Services
200 West Henry Street
P.O. Box 488
Ukiah, California 95482
Telephone: (707) 462-3825
Attorneys for Plaintiffs
JOSEPH P. RUSSONIELLO
United States Attorney
RODNEY H. HAMBLIN
Assistant United States Attorney
PAUL E. LOCKE
Assistant united States Attorney
450 Golden Gate Ave., Box 36055
San Francisco, California 94102
Attorneys for Federal Defendants
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
TILLIE HARDWICK, et al., plaintiffs
v.
UNITED STATES OF AMERICA, et al., Defendants
Stipualtion for Entry of Judgement
The parties to the above-entitled action, recognizing the
uncertainties in law and the burden of further litigation, and in order
to make mutually beneficial settlement of these actions, subject to
approval of the Court pursuant to Federal Rules of Civil Procedures, Rile
23(c), stipulate that the Court may enter judgement as follows,
1. That the seventeen Rancherias which are stithe subject of the
provisions of paragraphs 2 through 13 inclusive, of this stipulation,
are as follows:
Big Valley
Blue Lake
Buena Vista
Chicken Ranch
Cloverdle
Elk Valley
Greenville
Mooretown
North Fork
Picayune
Pinoleville
Potter Valley
Quartz Valley
Redding
Redwood Valley
Rhonerville
Smith River
These rancherias are more fully described in the attached Exhibit
"A", which is incorporated herein by reference as though set forth in full.
2. The Court shall certify a class consisting of all those
persons who received any of the assets of the rancherias listed and
described in paragraph 1 pursuant to the California Rancheria Act
and any Indian Heirs, legates or successors in interest of such persons
with respect to any real property they received as a result of the
implementation of the California Rancheria Act.
3. The status of the named individual plaintiffs and other
class members of the seventeen rancherias named in and described
in paragraph 1 as Indians under the laws of the United States shall be
restored and confirmed. In restoring and confirming their status as
Indians, said class members shall be relieved from the application of
Sections 2(d) and 10(b) of the California Rancheria Act and shall be
deemed entitled to any of the benefits or services provided or
performed by the United States dor Indians because of their status as
Indians, if otherwise qualified under applicable laws and regulations.
4. The Secretary of the Interior shall recognize the Indian
Tribes, Bands, Communities groups of the seventeen rancherias listed in
paragraph 1 as Indian entities with the same status as they possessed
prior to distribution of the assets of these Rancherias under the
California Rancheria Act, and said Tribes, Bands, Communities and groups
shall be included on the Bureau of Indian Affairs' Federal Register list
of recognized tribal entities pursuant to 25 CFR, Section 83.6(b). Said
Tribes, Bands, Communities or groups of Indians shall be relieved from
the application of Section 11 of the California Rancheria Act and shall
be deemed entitled to any of the benefits or services provided or
performed by the United States for Indian Tribes, Bands, Communities or
groups because of their status as Indian Tribes, Bands, Communities or
groups.
5. The Court shall not include in any judgement entered pursuant
to this stipulation and determination of whether or to what extent the
boundaries of the rancherias listed and described in paragraph 1 shall be
restored and shall retain jurisdiction to resolve this issue in further
proceedings herein.
6. Any named individual plaintiff or class member who received or
presently owns fee title to an interest in any former trust allotment by
reason of the distribution of the assets of any of the Rancherias listed
in paragraph 1 shall be entitled to elect to restore any such interest to
trust status, to be held by the United States for the benefit of such
Indian Tribes.
7. Within two years of date of notice of this judgement, as
provided in paragraph 9, the Indian Tribes, Bands, Communities or groups
of the seventeen rancherias listed in paragraph 1 that are recognized by
the Secretary of the Interior pursuant to paragraph 4 herein may arrange
to convey to the United States all community-owned lands within their
respective rancherias to which the United States issued fee title in
connection with or as the result of the distribution of the assets of
said rancherias, to be held in truat by the United States for the benefit
of said Tribes, Bands, Communities or groups, authority for the
acceptance of said conveyance being vested in the Secretary of interior
under Section 5 of the Act of June 18, 1934, "The Indian Reorganization
Act," 48 Stat. 985, 25 U.S.C. 465 as amended by Section 203 of the Indian
Land Considation Act Pub. L. 97-459, Title II, 96 Stat. 2515 and/or the
equitable powers of this court.
8. Any named plaintiff or other class member herein may elect to
convey to the United States any land for which the United States issued
fee title in connection with or as the result of the distribution of
assets of said rancherias to be held in trust for his/her individual
benefit of any other member or members of the rancheria, aithority for
the acceptance of said conveyances being vested in the Secretary of the
Interior under Section 5 of the Act of June 18, 1934, "The Indian
Reorganization Act," 48 Stat. 985, 25 U.S.C. 465 as amended by Section
203 of the Indian Land Consolidation Act, Pub. L. 97-459, Title II, 96
Stat. 1512 and/or the equitable powers of this court.
9.Upon entry of judgment herein the United States shall give
personal mail notice to each individual plaintiff and other class members
(to the extent such persons can be identified and located through the
exercise of reasonable efforts) that said individuals may elect to return
their lands to trust persuant to the judgement entered pursuant to this
stipulation. Said notice shall advise that the Bureau of Indian Affairs
will assist those individuals desiring to convey lands to the United
States, including providing for forms and instructions. In addition, the
United States shall aid and assist class members in perfecting sid
conveyances by obtaining any necessary policies of title insurance or
taking any other actions administratively required to complete such
conveyances. Nothing in this Stipulation shall require the United States
to provide funds for the payment of real property taxes which may have
accrued in the past or may accrue in the future with respect to lands
located on any Rancheria as described in Exhibit A; provided, however,
that this Stipulation does not represent a concession by any party hereto
that any of said property is subject to real property taxes.
The United States shall also give general notice of the rights
provided by this paragraph 9 by publishing notice once each week for one
month in newspapers of general circulation most likely to be read by
class members, and by posting notice in a conspicuous location on or near
each of the seventeen rancherias named in paragraph 1.
10. The Secretary of the Interior, named individual plaintiffs,
and other class members agree that the distribution plans for these
Rancherias shall be of no further force and effect and shall not be
further implemented; however, this provision shall not affect any vested
rights creted thereunder.
11. All claims whatsoever for money damages against the United
States resulting from distribution of the assets of the seventeen
rancherias named in paragraph 1 under the Rancheria Act and arising out
of the implementation of said Act shall be dismissed with prejudice,
plaintiffs having specifically considered the potential value of said
claims, the probability of the success thereof, and the value of the
relief to be obtained under this settlement agreement.
12. For the purpose of resolving any disputes which arise among
the parties in the course of implementing the judgement to be entered
pursuant to this stipulation, or for extending the time within which any
act may or must be performed under this stipulation, the Court shall
retain jurisdiction over this matter for a period of two(2) years from
entry of judgement, or for such longer time as may be shown to be
necesssary on a duly-noticed motion by any party.
13. Entry of judgement pursuant to this stipulation shall
constitute a final settlement of all claims which named
plaintiffs and plaintiff class members have or may have against the
United States and its officers and employees arising out of the
implementation of the California Rancheria Act at the seventeen
Rancherias listed in paragraph 1.
14. Except as hereafter specifically provided in paragraphs
15-19, the claims asserted in this action by or on behalf of any persons
who received any of the assets of the Graton, Scotts Valley, Guideville,
Strawberry Valley, Cache Creek, Paskenta, Ruffeys, Mark West, Wilton, El
Dorado, Chico, or Mission Creek Rancherias are dismissed without
prejudice to their being refiled in another action and defendants shall
not assert any laches defense to any such subsequent action they could
not have asserted prior to the date this action was filed.
15. The claims of Ethel Whiterock, Minerva Pike, Jessie Elliott, Nora
Cooper, and Irene Young who received assets from the termination of the
Guideville Rancheria under the California Rancheria Act shall be dismissed on
grounds of res judicata based on the stipulation and judgement entered in
Whiterock et al. v. Udall, Fed. Dist. Ct. N.D. Cal. No. 50584 SAW.
16. The Claims of all the named and unamed class members represented
in Taylor et al. v. Hickel, C-70-719 SAW (N.D. Cal.) from the Auburn
Rancheria shall be dismissed on grounds of res judicata.
17. The claims asserted in this action against the United States on
behalf of Frank Truvido and Gloria Truvido of Graton Rancheria who were
parties to Frank Truvido and Gloria Truvido v. Morton, C-72-181 GBH
(N.D. Cal.), shall be dismissed on grounds of res judicata.
18. The claims asserted in this action on behalf of Teresa Boggs of
the Scotts Valley Rancheria who was party to Teresa Boggs and Bessie Ray
v. Rogers C.B. Morton, C-71-1714 RFP (N.D. Cal.), shall be dismissed on
the grounds of res judicata.
19. The claims asserted in this action by any person who received any
of the assets of the Robinson or Table Bluff Rancherias pursuant to the
California Rancheria Act shall be dismissed from this action since prior to
filing of this action those persons had filed independent actions in Duncan
et al., v. Andrus, Federal District Court, N.D. Cal. No's C-71-1572 WWS,
C-71-1713 WWS and Duncan et al., v. U.S., (Ct. Cls.) No 19-75 and
Table Bluff Band et al., v. Andrus, No. C-75-2525 WWS, which actions are
still pending.
Dated: July 19, 1983 California Indian Leagl Services
By: DAVID J. RRAPORT
Attorneys for Plaintiffs
JOSEPH P. RUSSONIELLO
United States Attorney
Dated: July 15, 1983
By: PAUL E. LOCKE
Assistant United States Attorney
Attorneys for Federal Defendants
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