Page 531 TITLE 25—INDIANS § 1773d

1So in original. Probably should be ‘‘subsection,’’.

(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,1 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 subchapter is intended to affect the boundaries of the Puyallup Reservation,

except that the lands described in subsection (c)

of this section 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) of this section.

(Pub. L. 101–41, §4, June 21, 1989, 103 Stat. 85.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1773c of this

title.

§ 1773c. Future trust lands

In accepting lands in trust (other than those

described in section 1773b of this title) for the

Puyallup Tribe or its members, the Secretary

shall exercise the authority provided him in section 465 of this title, 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.

(Pub. L. 101–41, §5, June 21, 1989, 103 Stat. 86.)

§ 1773d. 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 section 162a of this title, so as to earn the maximum interest on principal and interest available

under that section. 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.