§ 1773a TITLE 25—INDIANS Page 530

(b) Purpose

Therefore, it is the purpose of this subchapter—

(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 subchapter.

(Pub. L. 101–41, §2, June 21, 1989, 103 Stat. 83.)

SHORT TITLE

Section 1 of Pub. L. 101–41 provided that: ‘‘This Act

[enacting this subchapter] may be cited as the ‘Puyallup Tribe of Indians Settlement Act of 1989’.’’

§ 1773a. 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

subchapter, 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) of this

section.

(b) Exception for certain lands

Subsection (a) of this section 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 rightsof-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.

(Pub. L. 101–41, §3, June 21, 1989, 103 Stat. 84.)

EFFECTIVE DATE

Section 13 of Pub. L. 101–41 provided that: ‘‘Sections

3 and 9 [this section and section 1773g of this title] 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.’’

§ 1773b. Settlement lands

(a) Acceptance by Secretary

The Secretary shall accept the conveyance of

the lands described in subsection (c) of this section, 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) of

this section 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) of this

section, 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.