101st CONGRESS
1st Session
H. R. 932
AN ACT
To provide for the settlement of land claims, and the resolution of certain
issues of governmental jurisdiction, of the Puyallup Tribe of Indians in
the State of Washington, and for other purposes.
HR 932 EH
101st CONGRESS
1st Session
H. R. 932
AN ACT
To provide for the settlement of land claims, and the resolution of certain
issues of governmental jurisdiction, of the Puyallup Tribe of Indians in
the State of Washington, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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This Act may be cited as the `Puyallup Tribe of Indians Settlement Act
of 1989'.

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(a) FINDINGS- The Congress finds and declares that:
(1) It is the policy of the United States to promote tribal
self-determination and economic self- sufficiency and to support the
resolution of disputes over historical claims through settlements mutually
agreed to by Indian and non-Indian parties.
(2) Disputes over certain land claims of the Puyallup Tribe and other
matters, including--
(A) ownership of the Commencement Bay tidelands and areas of former
Puyallup Riverbed, lands within the Puyallup Tribe's Treaty Reservation,
or intended reservation boundaries,
(B) railroad and other rights-of-way,
(C) control of fisheries resource and habitat,
(D) jurisdiction over law enforcement, environment, navigation, and
authority and control in the areas of land use,
(E) business regulation and zoning,
have resulted in difficult community relations and negative economic impacts
affecting both the Tribe and non-Indian parties.
(3) Some of the significant historical events that led to the present
circumstances include--
(A) the negotiation of the Treaty of Medicine Creek in December 1854, by
the Puyallup Indians and others, by which the tribes ceded most of their
territories but reserved certain lands and rights, including fishing rights;
(B) the Executive Order of 1857 creating the Puyallup Indian Reservation;
(C) the Executive Order of 1873, clarifying and extending the Puyallup
Reservation in the Washington Territory;
(D) the March 11, 1891, Report of the Puyallup Indian Commission on
allotments and the 1896 report by a second Puyallup Indian Commission
describing the problems with sales of allotted lands; and
(E) the 1909 District Court for Tacoma decision of the United States of
America against J.M. Ashton and the 1910 Supreme Court decision of United
States of America against J.M. Ashton.
(4) It is recognized that both Indian and non-Indian parties enter into
this settlement to resolve certain problems and claims and to derive
certain benefits:
(5) There is a recognition that any final resolution of pending disputes
through a process of litigation would take many years and entail great
expense to all parties; continue economically and socially damaging
controversies; prolong uncertainty as to the access, ownership, and
jurisdictional status of issues in question; and seriously impair long-term
economic planning and development for all parties.
(6) To advance the goals of Federal policy of Indian self-determination
and to carry out the trust responsibility of the United States, and to
advance the Federal policy of international trade and economic development,
and in recognition of the Federal policy of settling these conflicts through
comprehensive settlement agreements, it is appropriate that the United States
participate in the funding and implementation of the Settlement Agreement.
(b) PURPOSE- Therefore, it is the purpose of this Act--
(1) to approve, ratify, and confirm the agreement entered into by the
non-Indian settlement parties and the Puyallup Tribe of Indians,
(2) to authorize and direct the Secretary to implement the terms of such
agreement, and
(3) to authorize the actions and appropriations necessary to implement
the provisions of the Settlement Agreement and this Act.

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(a) RELINQUISHMENT- In accordance with the Settlement Agreement and in return
for the land and other benefits derived from the Settlement Agreement and
this Act, the Tribe, and the United States as trustee for the Tribe and
its members, relinquish all claims to tidelands, submerged lands, and any
other lands, and including any mineral claims and nonfisheries water rights
connected with such relinquished land, known or unknown, within the State
of Washington, subject to the exceptions referred to in subsection (b).
(b) EXCEPTION FOR CERTAIN LANDS- Subsection (a) shall not apply to the
following:
(1) 12.5 acres of former riverbed land confirmed to the Tribe in Puyallup
Tribe of Indians against Port of Tacoma (717 F. 2d 1251 (1983)), which land
shall be subject to the terms and conditions described in the Settlement
Agreement and document 6 of the Technical Documents.
(2) All land to which record title in the Tribe or the United States in
trust for the Tribe or its members derives from a patent issued by the United
States or from a conveyance of tideland by the State of Washington. For the
purposes of this paragraph, the term `record title' means title documented by
identifiable conveyances reflected in those records imparting constructive
notice of conveyances according to the laws of the State (RCW chapters
65.04 and 65.08) and the final judgments of State or Federal courts.
(3) Certain land recognized to be owned on August 27, 1988, by the Tribe
or the United States in trust for the Tribe within the Indian Addition to
the city of Tacoma, Washington, as recorded in book 7 of plats at pages
30 and 31, records of Pierce County, Washington, as follows:
(A) Land owned on August 27, 1988:
(i) Portions of tracts 2, 5, 6, 10, and 11.
(ii) Tract 7 (school site).
(iii) Tract 8 (church site).
(iv) Tract 9 (cemetery site).
(v) Approximately 38 lots in blocks 8150, 8249, 8350, and 8442, inclusive.
(B) Land, wherever located, added to the above list of parcels on or before
December 1, 1988, in accordance with paragraph A.3. of section IX of the
Settlement Agreement.
(4) The lands transferred to the Tribe pursuant to the Settlement Agreement.
(5) The rights to underlying lands or the reversionary interest of the Tribe,
if any, in the Union Pacific or Burlington Northern rights-of-way across the
1873 Survey Area, where the property over which they were granted belonged,
at the time of the grant, to the United States in trust for the Tribe or
to the Tribe.
(6) The submerged lands as of August 27, 1988, in the Puyallup River within
the 1873 Survey Area below the mean high water line.
(c) PERSONAL CLAIMS- Nothing in this section or in the Settlement Agreement
shall be construed to impair, eliminate, or in any way affect the title
of any individual Indian to land held by such individual in fee or in
trust, nor shall it affect the personal claim of any individual Indian
as to claims regarding past sales of allotted lands or any claim which is
pursued under any law of general applicability that protects non-Indians
as well as Indians.

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(a) ACCEPTANCE BY SECRETARY- The Secretary shall accept the conveyance
of the lands described in subsection (c), and the Outer Hylebos tidelands
property referred to in section VIII, A,1,c of the Settlement Agreement,
subject to the terms and conditions of the Settlement Agreement and shall
hold such lands in trust for the benefit of the Tribe.
(b) CONTAMINATION- (1) Contamination audits and cleanup of settlement
lands shall be carried out in accordance with the Settlement Agreement
and document 1 of the Technical Documents.
(2) The Tribe shall not be liable for the cleanup costs or in any other
manner for contamination on properties described in subsection (c) except
any contamination caused by the Tribe's activities after conveyance of
these properties to the Tribe under the terms of the Settlement Agreement
and document 1 of the Technical Documents.
(c) LANDS DESCRIBED- The lands referred to in subsection (a), and more
particularly described in the Settlement Agreement, are as follows:
(1) The Blair Waterway property, comprised of approximately 43.4 acres.
(2) The Blair Backup property, comprised of approximately 85.2 acres.
(3) The Inner Hylebos property, comprised of approximately 72.9 acres.
(4) The Upper Hylebos property, comprised of approximately 5.9 acres.
(5) The Union Pacific property (Fife), comprised of a parcel of approximately
57 acres, and an adjoining 22-acre parcel if the option relating to the
Union Pacific property (Fife) (as described in document 1 of the Technical
Documents) is exercised.
(6) The Torre property (Fife), comprised of approximately 27.4 acres,
unless the Port elects to provide the cash value of such property.
(7) The Taylor Way and East-West Road properties, two properties totaling
approximately 7.4 acres.
(8) The submerged lands in the Puyallup River within the 1873 Survey
Area below the mean high water line, as provided in section I. B. of the
Settlement Agreement. To the extent that the United States has title to
any of the lands described in this subpart, then such lands shall be held
by the United States in trust for the use and benefit of the Puyallup Tribe.
(9) The approximately 600 acres of open space, forest, and cultural lands
to be acquired by the Tribe with cash received pursuant to section I of
the Settlement Agreement or other tribal funds.
(d) RESERVATION STATUS- Nothing in this Act is intended to affect the
boundaries of the Puyallup Reservation, except that the lands described in
subsection (c) above in paragraphs (1) through (8), and the Outer Hylebos
tidelands property referred to in section VIII of the Settlement Agreement,
shall have on-reservation status.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
$500,000 for the Federal share for the purchase of the lands referred to
in subsection (c)(9).

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In accepting lands in trust (other than those described in section 4)
for the Puyallup Tribe or its members, the Secretary shall exercise
the authority provided him in section 5 of the Act of June 18, 1934 (25
U.S.C. 465), and shall apply the standards set forth in part 151 of title
25, Code of Federal Regulations, as those standards now exist or as they
may be amended in the future.

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(a) PAYMENT TO INDIVIDUAL MEMBERS- (1) To the extent provided in advance
in appropriation Acts or to the extent funds are provided by other
parties to the Settlement Agreement, the Secretary shall place with a
financial institution the amount of $24,000,000 in an annuity fund or
other investment program (hereafter in this subsection referred to as the
`fund'). The selection of the institution or institutions where the funds
will be held and the administration of the funds shall be in accordance
with section II of the Settlement Agreement and documents 2 and 3 of the
Technical Documents. Amounts earned pursuant to any investment of the fund
shall be added to, and become part of, the fund.
(2) Upon attaining the age of 21 years, each enrolled member of the Tribe
(determined by the Tribe pursuant to its constitution to have been a
member as of the date of ratification of the Settlement Agreement by the
Tribe) shall receive a one-time payment from the fund. The amount of such
payment shall be determined in accordance with section II of the Settlement
Agreement and document 2 of the Technical Documents.
(3) A reasonable and customary fee for the administration of the fund may
be paid out of the income earned by the fund to the financial institution
with which the fund is established.
(4) Upon payment to all eligible members of the Tribe pursuant to paragraph
(2), any amount remaining in the fund shall be utilized in the manner
determined by a vote of the members of the Tribe.
(5) There is authorized to be appropriated $22,350,000 for the Federal
share of the fund.
(b) PERMANENT TRUST FUND FOR TRIBAL MEMBERS- (1) In order to provide a
permanent resource to enhance the ability of the Tribe to provide services
to its members, there is established the Puyallup Tribe of Indians Settlement
Trust Fund (hereafter in this subsection referred to as the `trust fund').
(2) Upon appropriation by Congress or to the extent funds are provided by
other parties to the Settlement Agreement, the Secretary shall deposit
$22,000,000 into the trust fund. The trust fund shall be invested in
accordance with the Act of June 24, 1938 (25 U.S.C. 162a), so as to earn
the maximum interest on principal and interest available under that Act. No
part of the $22,000,000 principal may be expended for any purpose. Income
earned on the principal or interest of the trust fund shall be available
for expenditure as provided in paragraph (3).
(3)(A) The trust fund shall be administered and the funds shall be expended
in accordance with section III of the Settlement Agreement and document 3
of the Technical Documents. Income from the trust fund may be used only for
the following purposes unless modified in accordance with subparagraph (B):
(i) Housing.
(ii) Elderly needs.
(iii) Burial and cemetery maintenance.
(iv) Education and cultural preservation.
(v) Supplemental health care.
(vi) Day care.
(vii) Other social services.
(B) The purposes of the trust fund may be modified only as provided in
document 3 of the Technical Documents.
(4) The fund established under this subsection shall be in perpetuity
and inviolate.
(5) There is authorized to be appropriated $18,800,000 for the Federal
share of the trust fund.

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In order to carry out the Federal part of the fisheries aspect of the
Settlement Agreement, there is authorized to be appropriated $100,000 for
navigation equipment at Commencement Bay to be used in accordance with
section A of document 4 of the Technical Documents.

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(a) ECONOMIC DEVELOPMENT AND LAND ACQUISITION FUND- To the extent provided
in advance in appropriation Acts, the Secretary shall disburse $10,000,000
to the Tribe of which--
(1) $9,500,000 shall be available for the Tribe to carry out economic
development consistent with section VI of the Settlement Agreement or to
acquire lands; and
(2) $500,000 shall be available only to support and assist the development
of business enterprises by members of the Tribe in a manner consistent
with the Settlement Agreement.
There is authorized to be appropriated $10,000,000 to carry out this
subsection.
(b) FOREIGN TRADE- The Congress recognizes the right of the Tribe to engage
in foreign trade consistent with Federal law and notwithstanding article XII
of the treaty with the Nisqually and other bands of Indians entered into
on December 26, 1854, and accepted, ratified, and confirmed on March 3,
1855 (11 Stat. 1132).
(c) BLAIR PROJECT- There is authorized to be appropriated to the Secretary
the amount of $25,500,000 for the Federal share of the costs associated
with the Blair project, which shall be carried out in accordance with
document 6 of the Technical Documents. For the purpose of this subsection,
the Secretary shall transfer such amount to the Department of Transportation
of the State of Washington. Such amount may only be used by the Department
of Transportation of the State of Washington to carry out the Blair project
in accordance with document 6 of the Technical Documents. Operation and
maintenance of the Blair Waterway channel shall remain the responsibility
of the Secretary of the Army, acting through the Chief of Engineers.

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The Tribe shall retain and exercise jurisdiction, and the United States
and the State and political subdivisions thereof shall retain and exercise
jurisdiction, as provided in the Settlement Agreement and Technical Documents
and, where not provided therein, as otherwise provided by Federal law.

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(a) LIENS AND FORFEITURES, ETC- (1) None of the funds, assets, or income
from the trust fund established in section 6(b) which are received by the
Tribe under the Settlement Agreement shall be subject to levy, execution,
forfeiture, garnishment, lien, encumbrance, or seizure.
(2) The annunity fund, or other investment program, established in section
6(a) shall not be subject to levy, execution, forfeiture, garnishment,
lien, encumbrance, or seizure. Payments from the fund shall be in accordance
with the Act of August 2, 1983 (25 U.S.C. 117a et seq.; commonly referred
to as the `Per Capita Act').
(b) ELIGIBILITY FOR FEDERAL PROGRAMS; TRUST RESPONSIBILITY- Nothing in this
Act or the Settlement Agreement shall affect the eligibility of the Tribe
or any of its members for any Federal program or the trust responsibility
of the United States and its agencies to the Tribe and members of the Tribe.
(c) PERMANENT TRUST FUND NOT COUNTED FOR CERTAIN PURPOSES- None of the
funds, assets, or income from the trust fund established in section 6(b)
shall at any time be used as a basis for denying or reducing funds to the
Tribe or its members under any Federal, State, or local program.
(d) TAX TREATMENT OF FUNDS AND ASSETS- None of the funds or assets
transferred to the Tribe or its members by the Settlement Agreement of
this Act, and none of the interest earned or income received on amounts
in the funds established under section 6 (a) and (b), shall be deemed to
be taxable, nor shall such transfers be taxable events.

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The Secretary in administering this Act shall be aware of the trust
responsibility of the United States to the Tribe and shall take such
actions as may be necessary or appropriate to carry out this Act and the
Settlement Agreement.

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For the purposes of this Act--
(1) the term `1873 Survey Area' means the area which is within the area
demarked by the high water line as meandered and the upland boundaries, as
shown on the plat map of the 1873 Survey of the Puyallup Indian Reservation,
conducted by the United States General Land Office, and filed in 1874;
(2) the term `Secretary' means the Secretary of the Interior;
(3) the term `Settlement Agreement' means the document entitled `Agreement
between the Puyallup Tribe of Indians, Local Governments in Pierce County,
the State of Washington, the United States of America, and certain private
property owners', dated August 27, 1988;
(4) the term `State' means the State of Washington;
(5) the term `Technical Documents' means the 7 documents which comprise the
technical appendix to the Settlement Agreement and are dated August 27, 1988;
(6) the term `Tribe' means the Puyallup Tribe of Indians, a tribe of
Indians recognized by the United States;
(7) the term `below the mean high water line' in reference to the submerged
lands of the Puyallup Riverbed means `below the ordinary high water mark'
in that portion of the river not subject to tidal influence and `below
the mean high water line' in that portion of the river which is subject
to tidal influence; and
(8) the term `on-reservation status' means a status under which Federal
laws and regulations, treaty rights, and rights of sovereignty, which
define the rights and responsibilities on trust or restricted lands
(including rights-of-way and easements running through such lands within
a Federal Indian reservation) apply: Provided, That such application is
not inconsistent with any provision of the Settlement Agreement.

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Sections 3 and 9 shall take effect on the effective date of the Settlement
Agreement and when all terms are met as stated under section X of the
Settlement Agreement.
Passed the House of Representatives May 23, 1989.
Attest:
Clerk.
HR 932 EH----2

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Puyallup Tribe of Indians Settlement Act of 1989 — HR. 932

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