§ 1773e TITLE 25—INDIANS Page 532

1So in original. Probably should be ‘‘or’’.

(Pub. L. 101–41, §6, June 21, 1989, 103 Stat. 86.)

USE OF FUNDS TO FULFILL BOARD OF TRUSTEES’

FIDUCIARY AND ADMINISTRATIVE RESPONSIBILITIES

Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1005,

provided: ‘‘That income earned on funds appropriated

by Public Law 101–121, October 23, 1989, 103 Stat. 701,

715[,] for the purposes of section 6(b) of the Puyallup

Tribe of Indians Settlement Act of 1989, Public Law

101–41, June 21, 1989, 103 Stat. 83 [25 U.S.C. 1773d(b)],

may be utilized by the Permanent Trust Fund Board of

Trustees to secure necessary and appropriate financial,

auditing, accounting, insurance and other administrative services to fulfill the Board of Trustees’ fiduciary

and administrative responsibilities: Provided further,

That no more than 5 per centum of the income in any

year may be utilized for such purposes’’.

Similar provisions were contained in the following

prior appropriation act:

Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1931.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1773h of this

title.

§ 1773e. 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.

(Pub. L. 101–41, §7, June 21, 1989, 103 Stat. 87.)

§ 1773f. 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.

(Pub. L. 101–41, §8, June 21, 1989, 103 Stat. 87.)

§ 1773g. 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.

(Pub. L. 101–41, §9, June 21, 1989, 103 Stat. 88.)

EFFECTIVE DATE

Section effective on the effective date of the Settlement Agreement and when all terms are met as stated

under section X of the Settlement Agreement, see section 13 of Pub. L. 101–41, set out as a note under section

1773a of this title.

§ 1773h. Miscellaneous provisions

(a) Liens and forfeitures, etc.

(1) None of the funds, assets, or income from

the trust fund established in section 1773d(b) of

this title 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 1773d(a) of this title

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 subchapter 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 1773d(b) of this

title 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 1 this subchapter, and none of the interest earned or income received on amounts in the

funds established under section 1773d(a) and (b)

of this title, shall be deemed to be taxable, nor

shall such transfers be taxable events.

(Pub. L. 101–41, §10, June 21, 1989, 103 Stat. 88.)