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25 USCA s.1773

25 U.S.C.A. § 1773

UNITED STATESCODE . ANNOTATED .

TITLE 25. INDIANS

CHAPTER 19-INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER Vll-WASBINGTONINDIAN (puyALLUP) LAND CLAIMS SE~

Copr. © West 1998. No Claim to Orig. U.S. Govt. Works

Current through P.L. 105-158, approved 2-13-98

§ 1773. Congressional findings 8nd purpose

(a) Findings

. The Congress finds and declares that:

Pagel

. (1) It is the policy of the United States to promote tonal 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 certainlandclaims of the Puyallup Tribe andother 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,

(8) railroad and other rights-of-way,

• (e) control offisheries resource and habitat, .

(0) jurisdiction over law enforcement, environment, navigation, and authority andcontrol 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;

(8) 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;

(0) 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

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2S USCA s 1773 Pagel ...

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 0

long-term economic planning and development for all parties. .

(6) To advance the goals of Federal policy ofIndian aelf-determinaticn and to carry out thetrust responsibility of the

United States, and to advance the Federal policy of international trade and economic development, andin recognition

of the Federal policy of settlingthese conflicts through comprehensive settlement agreements, it is appropriate that the

United ·States participate in the fundingand implementation of the $ettlement Agreement.

(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 andthe Puyallup

Tn'be ofIndians,

. (2) to authorize and direct the Secretary to implement the terms ofsuch agreement, and

(3) to authorize the actions and appropriations necessary to implement the provisions of the Settlement Agreement

and this subchapter.

CREDIT(S)

1998 Electronic Update

(Pub.L. 101-41, § 2, June21, 1989, 103 Stat. 83.)

mSTORICAL AND STATUTORY NOTES

Short Title

Section 1 of Pub.L. 101-41 provided that: "This Act [enacting this subchapter and a provision set out as a note

under section 1773& of this title] may be cited as the 'Puyallup Tribe of Indians Settlement Act of 1989' . "

LIBRARY REFERENCES

Indians ~9 et seq.

C.J.S. Indians§ 67 et seq.

WESTLAW Topic N.o. 209.

2S U.S.C.A. § 1773·

2S USCA § 1773

END OF DOCUMENT

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2S USCA s 1rn«

2S U.S.C.A. § In3a

UNITED STATES CODE ANNOTATED·

TITLE 25. INDIANS

CHAPTER 19-INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER Vll-WASHINGTON INDIAN (puyALLUP) LAND CLAIMS SETTLEMENT

Copr. <0 West 1998. No Claim to Orig. U.S. Govt. Works

Current through P.L. 105-158, approved 2-13-98

§ 1rru: Resolution of Puyallup tnballand claims

(a) Relinquishment

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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) ofthis section shall not apply to the following:

(1) 12.5 acres of form~r riverbed land confirmed to the Tnbe in Puyallup Tnbe of Indians against Port of Tacoma

(117 F.2d 1251 (1983», which land shall be subject to the terms and conditions d~cnbed in the Settlement

Agreement anddocument 6 of the Technical Documents.

(2) AIl land to which record title in the Tnbe or the United States in-trust for the Tnbe 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) andthe final judgments of State or Federal courts.

(3) Certain land recognized to be owned on August 27, 1988, by the Tnbe or the United States in trust for the Tnbe

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.

("u1 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.

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2S USCA s 1773a Page 1

. (5) The rights to uoderlying lands or the reverSionary interest of the Tnbe, if any; in the Union Pacific or Burlington

Northern rights-of-way 8C1'088 the 1813 Survey Area, where the property over which they were granted belonged, at 0

the time of the grant, to the United States in trust for the Tnbe or to the Tnbe.

(6) The submerged lands as of August 21, 1988, in the Puyallup River within the 1813 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.

CREDIT(S)

1998 Electronic Update

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

EFFECTIVE DATE

<Section 13 of Pub.L. 101-41 provided that this section is effective on the effective date of the Settleuient

Agreement andwhen all terms are met as stated under section X of the Settlement Agreement. >

mSTORICAL AND STATUTORY NOTES

Effective Date

Section 13 of Pub.L. 10141 provided that: "Sections 3 [enacting this section] and9 [enacting 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. R

LIBRARY REFERENCES

Indians ~9 et seq.

C.J.S. Indians § 61 et seq.

WESTLAW Topic No. 209.

2S U.S.C.A. § 1713a

2S USCA § 1113&

END OF DOCUMENT

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25 USCA s 1773b

2S U.S.C.A. § 1773b

UNITED STATES CODE ANNOTATED

TITLE 25. INDIANS

CHAPTER 19-INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER Vll-WASHINGTONINDIAN (PUYALLUP) LAND CLAIMS SETi'LEMENT

Copr. (0 West 1998. No Claim to Orig. U.S. Govt. Works

Current through P.L. 105-158, approved 2-13-98

§ 1773b. Settlement lands

(a) Acceptance by Secretary

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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 vm, A,I,c of the Settlement Agreement, subject to the terms and

conditions of the Settlement Agreement and shall hold such landsin 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 Tnbe 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 Tnbe's activities after conveyance

of these properties to the Tnbe under the terms of the Settlement Agreement and document I of the Technical

Documents.

(c) Lands descnbed .

The lands r~ferred 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 Backupproperty, 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 descnbed in document I 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 ofsuch 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 L 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..

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25 USCA s 1773b . Page 4

. (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 ofthe Settlement Agreement or other tribal funds. 0

(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 $SOO,OOO for the Federal share for the purchase of the lands referred to in

subsection (c)(9) ofthis section.

CREDIT(S)

1998 Electronic Update

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

LIBRARY REFERENCES

Indians ~9 et seq.

C.l.S. Indians § 67 et seq.

WESTLAW Topic No. 209.

25 U.S.C.A. § 1773b

25 USCA § 1773b

END OF DOCUMENT

Copr. © West 1998 No Claim to Orig. U.S. Govt. Works

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25 USCA s 177k

25 U.S.C.A. § 1773c

UNITEDSTATES CODE ANNOTATED

TITLE 25. INDIANS

CIIAPfER 19-INDIAN LAND CLAIMS SETI'LEMENTS

SUBCHAPrER vn-wASHINGTON INDIAN (pUYALLUP) LAND CLAIMS SETTLEMENT

Copr. © West 1998. No Claim. to Orig. U.S. Govt. Works

Current through P.L. 105-158, approved 2-13-98

§ 177k. Future trust lands

Page!

In accepting lands in trust (other than those descnbed in section 1773b of this title), for the Puyallup Tnbe or its

members, the Secretary sball exercise the authority provided him in section 465 of this title, and sball apply the

standards set forth in part 151 of title 25, Code of Federal Regulations, as those standards now exist or as they may

~~~inthefu~. .

CREDIT(S)

1998 Electronic Update

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

LIBRARY REFERENCES

Indians ~9 et seq.

• C.l.S. Indians § 67 et seq.

WESTLAW Topic No. 209.

25 U.S~C.A. § 1773c

2SUSCA § 1773c

END OF DOCUMENT

•

Copr. © West 1998 No Claim. to Orig. U.S. Govt. Works
2S USCA s 1773d Page 6

. 2S U.S.C.A. § 1773d

UNITED STATES CODE ANNOTATED 0

TITLE 25. INDIANS

CHAPTER 19-INDIAN LAND CLAIMS SETILEMENTS

SUBCHAPTER Vll-WASHINGTONINDIAN (PUYALLUP) LAND CLAIMSSETILEMENT

Copr. @ West 1998. No Claim to Orig. u.s. Govt. Works

Current throughP.L. 10S-158, approved 2-13-98 .

§ 1773d. ·FUDds to members of Puyallup Tnbe

(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 Tnbe (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 Tnbe) 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 0

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 Tnbe.

(5) There is authorized to be appropriated $22,350,000 for the Federal share of the fund.

(b) Permanent trust fund for tnbal members

(1) In order to provide a permanent resource to enhance the ability of the Tnbe to provide services to its members,

there is established the Puyallup Tnbe of Indians Settlement Trost 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 Iune 24, 1938 (2S U.S.C. 162a), so as to earn the maxinnim 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 ofthe 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 ill 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.

(ili") Burial and cemetery maintenance.

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C)
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25 USCA s 1773d

: (iv) Education andcultural preservation.

(v) Supplemental health care.

(vI) Day care.

(vii) Other social services.

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(B) The purposes of the trust fund may be modified only 88 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.

CREDIT(S)

1998 Electronic Update

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

HISTORICAL AND STATUTORY NOTES

References in Text

Act .of June 24, 1938, referred to in subsec. (b)(2), is Act June 24, 1938, c. 648, 52 Stat. 1037, which enacted

section 162a of this title, repealed section 162 of this title, and enacted provisions set out as notes under section

section 162a of this title.

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 in part: "That income earned on funds

appropriated by Public Law 101-121, October 23, 1989, 103 Stat. 701, 715 [known as the Department of the Interior

and Related Agencies Appropriations Act, 1989] for the purposes of section 6(b) of the Puyallup Tnbe of Indians

Settlement Act of 1989, Public Law 101-41, June 21, 1989, 103 Stat. 83 [subsec. (b) of this section], 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 TrusteesI 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 appropriations Act:

Pub.L. '101-512,.Title I, Nov. 5, 1990, 104 Stat. 1931.

LIBRARY REFERENCES

Indians €=9et seq.

United States ~105.

C.J.S. Indians§ 67 et seq.

C.J.S. United States §§ 143, 155.

• . WESTLAW Topic No. 209, 393.

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25 USCA 8 1773d

·25U.S.C.A. § 1773d

25 USCA § 1773d

END OF DOCUMENT·

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2S USCA s 1773e·

2S U.S.C.A. § 1773e

UN'ITED STATES CODEANNOTATED

TITLE 25. INDIANS

CIIAPl'ER 19-INDIAN LAND CLAIMS SEITLEMENTS

SUBCIIAPl'ER Vll-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETfLEMENT.

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Current through P.L. 105-158, approved 2-13-98

§ 1773e. Fisheries

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In order to cany 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.

CREDIT(S)

1998 Electronic Update

(Plib.L. 101-41, § 7, June 21, 1989, 103 Stat. 87.)

LIBRARY REFERENCES

Indians ~9 et seq.

United States ~105.

C.J.S. Indians § 67 et seq.

C.J.S. United States §§ 143, 155.

WESTLAW Topic Nos. 209,393.

2S U.S.C.A. § 1773e

2S USCA § 1773e

END OF DOCUMENT

Copr. @ West 1998 No Claim to Orig. U.S. Govt. Works
2S USCA s 1773f

2S U.S.C.A. § 1773f

UNITED STATES CODE ANNOTATED

TITLE 25. INDIANS

CHAFI'ER 19-INDIAN LAND CLAIMS SETI'LEMENTS

SUBCHAPTER VB-WASHINGTON INDIAN (pUYALLUP) LAND CLAIMS SETTLEMENT

Copr. © West 1998. No Claim to Orig. U.S. Govt. Works

Current through P.L. 105-158, approved 2-13-98

§ 1773f. Economic development andland acquisition

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(a) Economic development andland 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 andassist 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 CoD.gress recognizes the right of the Tn"be to engage in foreign trade consistent with Federal law and 0

notwithstanding article XII of the treaty with the Nisqually and other bands of Indians entered into on December 26,

1854, and accepted, ratified, andconfirmed 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 Washinston 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.

CREDIT(S)

1998 Electronic Update

(Pub.L. 10141, § 8, June 21, 1989, 103 Stat. 87.)

LIBRARY REFERENCES

Indians €=9et seq.

United States €=105.

C.l.S. Indians § 67 et seq.

Copr. © West 1998 No Claim to Orig. U.S. Govt. Works

()
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•

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25 USCA 8 1773£

.:C.l.S. United States §§ 143, ISS.

WESTI.AW Topic Nos. 209, 393.

25 U.S.C.A. § 1773f

2SUSCA § 1773f

END OF DOCUMENT

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2S USCA s 1773g Page 11 .

2S U.S.C.A. § 1773g

UNITED STATES CODE ANNOTATED 0

TITLE 15. INDIANS

CHAPI'ER 19-INDIAN LAND CLAIMS SE'ITLEMENTS

SUBCHAPl'ER VII-WASIDNGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT

Copr. e West 1998. No Claim to Ong. U.S. Govt. Works

Current through P.L. 105-158, approved 2-13-98

§ 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.

CREDIT(S)

1998 Electronic Update

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

EFFECTIVE DATE

<Section 13 of Pub.L. 101-41 provided that this section is effective on the effective date of the Settlement

Agreement and when all terms are met as stated under section X of the Settlement Agreement. >

IDSTORICAL AND STATUTORY NOTES

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.

LIBRARY REFERENCES

Indians~9 et seq.

C.J.S. Indians § 67 et seq.

WESTLAW Topic No. 209.

25 U.S.C.A. § 1773g

2S USCA § 1773g

END OF DOCUMENT

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25 USCA s 1773h

25 U.S.C.A. § 1773h

UNITED STATES CODE ANNOTATED

TITLE 25. INDIANS

CIIAPfER 19-INDIAN LAND CLAIMS SETI'LEMENTS

SUBCIIAPfER VII-WASHINGTON INDIAN (puyALLUP) LAND CLAIMS SETI'LEMENT

Copt. © West 1998..No Claim to Orig. U.S. Govt. Works

Current through P.L. 105-158, approved 2-13-98

§ 1773h. Miscellaneous provisions

(a) Liens andforfeitures, etc.

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(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 Tnbe 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. 1178 at 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 Tnbe or any of its members

for any Federal program or the trust responsibility of the United States and its agencies to the Tnbe aDd members of

the Tribe.

(c) Permanent trust fund not counted for certain purposes

None of the'funds, assets, or income from thetrust fund established in section 1773d(b) of this title shall at any time

be used as 8 basis .for denying or reducing funds to the Tribe or its members under any Federal, State, or local

program,

(d) Tax treatment offunds andassets

None of the funds or assets transferred to the Tnbe or its members by the Settlement Agreement of [FNI] this

subchapter, and none of the interest earned or income received on amounts in the funds established under section

1773d(a) and(b) ofthis title, shall be deemed to be taxable, nor shall such transfers be taxable events.

CREDIT{S)

1998 Electronic Update

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

[FNl] Soin original. Probably should be "or".

HISTORICAL AND STATUTORY NOTES

References in Text

Act August 2, 1983 (25U.S.C. 1178 at seq.; commonly referred to as the "Per Capita Act"), referred to in subsec.

(8)(2), is Pub.L. 98-64, Aug. 2,J983, 97 Stat. 365, which enacted sections 1178 to 117c of this title. For complete

classification ofthis Act to the Code, see Tables. .

Copt. e West 1998 No Claim to Orig, U.S. Govt, Works
2S USCA s 1773h

. LIBRARY REFERENCES

Indians c8:='9 et seq.

United States c8:='105.

C.J.S. Indiaos § 67 et seq.

C.J.S. United States §§ 143, 145.

WESTLAW Topic Nos. 209, 393.

2S U.S.C.A. § 1773h

2S USCA § 1773h

END OF DOCUMENT

coin". @ West 1998 No Claim to Orig. U.S. Govt. Works

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25 USCA s 1773i

25 U.S.C.A. § 1773i

UNITED STATES CODEANNOTATED

TITLE 15. INDIANS

CHAPI'ER 19-INDIAN LAND CLAIMS SETl'LEMENTS

SUBCHAPI'ER VII-WASHINGTON INDIAN (puyALLUP) LAND CLAIMS SETl'LEMENT

Copr. @West 1998. No Claim to Orig. U.S. Govt. Works

Current through P;L. 105-158, approved 2-13-98

§ 1773i. Actions by Secretary

Page IS

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The Secretary in administering this subchapter 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 subchapter and the Settlement

Agreement.

CREDIT(S)

1998 Electronic Update.

(Pub.L. 101-41, § 11, June 21, 1989, 103 Stat. 89.)

25 U.S.C.A. § 1773i

25 USCA § 1773i

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25 USCA s 1773j Page 16

25 U.S.C.A. § 1773j

UNITED STATES CODE ANNOTATED C,

TITLE 25. INDIANS

CHAPTER 19-INDIAN LAND CLAIMS SE1:TLEMENTS

SUBCHAPTER VII-WASHINGTON INDIAN (puyALLUP) LAND CLAIMS SEITLEMENT

Copr. West 1998. No Claim to Orig. U.S. Govt. Works

Current through P.i.. 10S-lS8, approved 2-13-98

§ 1773j. Definitions

For the purposes of this subchapter-

(1) the term w1873 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, andfiled in 1874;

(2) the term wSecretaryw means the Secretary of the Interior;

(3) the term wSettlement Agreement" means the document entitled "Agreement between the Puyallup Tnbe 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 WState" means the State ofWashington;

(5) the term "Technical Documents" means the 7 documents which comprise the technical appendix to the C'

Settlement Agreement and are dated August 27, 1988; ,

"(6) theterm "Tribe" means the Puyallup Tnbe of Indians, a tnbeofIndians recognized by the United States;

(7) the term "below the mean high water lineWin 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 Iine" in that portion of the river which is subject to tidal influence; and

(8) the term won-reservation status" means a status under which Federal laws and regulations, treaty rights, and

rights ofsovereignty, 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.

CREDIT(S)

1998 Electronic Update

(Pub.L. 101-41, § 12, June 21, 1989, 103 Stat. 89.)

LIBRARY REFERENCES

Indians ~9 et seq.

C.J.S. Indians § 67 et seq.

WESTLAWTopicNo.209. "

25 U.S.C.A. § 1773j

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·25 USCA § 1773j

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