Text: H.R.932 — 101st Congress (1989-1990)All Information (Except Text)

Text available as:

Shown Here:
Enrolled Bill

 
 
--H.R.932--
H.R.932
One Hundred first Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the third day of January,
one thousand nine hundred and eighty-nine
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,
SECTION 1. SHORT TITLE.
 This Act may be cited as the `Puyallup Tribe of Indians Settlement Act
 of 1989'.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
 (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.
SEC. 3. RESOLUTION OF PUYALLUP TRIBAL LAND CLAIMS.
 (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.
SEC. 4. SETTLEMENT LANDS.
 (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).
SEC. 5. FUTURE TRUST LANDS.
 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.
SEC. 6. FUNDS TO MEMBERS OF PUYALLUP TRIBE.
 (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.
SEC. 7. FISHERIES.
 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.
SEC. 8. ECONOMIC DEVELOPMENT AND LAND ACQUISITION.
 (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.
SEC. 9. JURISDICTION.
 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.
SEC. 10. MISCELLANEOUS PROVISIONS.
 (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 annuity 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.
SEC. 11. ACTIONS BY THE SECRETARY.
 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.
SEC. 12. DEFINITIONS.
 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.
SEC. 13. EFFECTIVE DATE.
 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.