# •

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• Agreement between thePuyallup

# TzibeofIndians, localGovernmentsinPierceCounty,. theStateofWashington, theUnitedStatesofAmerica, andcertain

# privatepropertyowners•.

August27,1988

CE-N/T

# •

•

• AGREEMENT

August 27, 1988

# • AGREEMENT August 27, 1988

AGREEMENT: TABLE·OF CONTENTS SECTION PURPOSE AND SCOPE OFAGREEMENT; PARTIES 1. SETTLEMENT LANDS' A. Propeity Conveyed Other Than Current Riverbed B. Current Riverbed Mapof Port Properties Mapof Fife Properties 

### II. PAYMENTS TO MEMBERS 

### OF PUYALLUP TRIBE ,. III. PERMANENT TRUSTFUND FOR TRIBALMEMBERS A. 'Trust Fund B; Distribution ofTrust Fund Income and Review of Trust Fund Management C. Duration of Trust IV. 'FISHERIES A. Fisheries Enhancement Program 

## a. Fisheries Protection PAGE 1 2
2 3 5, 6

• 7 1 7
8· 8 8 8 9


# • 2.


### 3. Mitigation and Enhancement Measures for Specific Port of Tacoma Development'Projects Tribe's Aporcvalcf Specified Port of Tacoma Projects General Purpose Local Government' Actions

i 9
10
11Access to Fishery C.

1 

## .... 2. Navi9ation Milwaukee peninsula/Puyaliup River-Mouth Fishing Station 

### i3 13

14 

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D. Resolving Conflicts Between Development andyisheries Protection 14 V. JOB TRAINING &PLACEMENT PROGRAM; SOCIAL & HEALTH SERVICE IMPROVEMENTS 

### 15 A. B. C. Job Training and Placement Private Sector Jobs Social &Health SerVice Improvements Capital Projects 

### 15 15 16 16

ECONOMIC DEVELOPMENT A. 'Economic Oevelopment and Land Acquisition Fund Small Business Fund for Tribal Members VI.



### B. 2. Training Trust Fund 16 16
16 16 

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VII. BLAIR NAVIGATIONPROJECT C. Blair Navigation Project Participatory Payments 16 

### 17 VIII. FUTURE GOVERNMENTAL**AUTHOR~TY,** RESPONSiBILITY, AND COOPERATION 17 A. Governmental Jurisdiction and Authority 18

2 .
3.
4. Tribal Jurisdiction and Governmental Authority

- General Tribal Jurisdiction and Governmental Authority

- Fisheries Tribal Jurisdiction and.Governmental Authority

- Environmental Jurisdiction and Governmental Autho rLty ':"" Other Governments

ii 18
19
20
21 

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1

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8. Future Trust Lands 22

,.. '""

## . D. 

### E. F. Future Consultation Between the Tribal Government and Local Governments Governmental Services Agreement for Fife Law Enforcement 22 23 24 

### 25 1873 Survey Area: Illustration 27 IX. RESOLUTION OF PUYALLUP TRIBAL LAND CLAIMS 28 

## x. IMPLEMENTATION AND MODIFICATION A. Structure of Agreements 30 30

XII. LEGAL DISCLAIMER XI. FEDERALCOURT JURISDICTION C.

.Federal and State Participation 

### B. Ratification 8y the Tribal Members .30 .31 31 32 32 32 33 33 Consent to Sue Modification
Liability Effective Date



# a. A. E. D. 

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AGREEMENT

PURPOSE AND SCOPE OFAGREEMENT; PARTIES

a 

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• This Agreement establishes a framework for cooperation and a mutually beneficial fucure for the community. The Agreement: (1) adds to the Tribe's land base and provides resources for economic development; (2) provides each enrolled adult member of the Tribe with funds to meet personal needs, (3) provides resources for the Tribe to meet its members' health, education, and social needs; (4) provides,for substantial restoration of the fishery resource, 'and allows for future development while lessening impacts on fisheries; (5),provides for significant employment and training opportunities for Puyallup Tribal members; (6) provides funds for land acquLsLt.Lon and development, and small business assistance; (7) provides eor' construction of Blair Project; (8) 'resolves conflicts over governmental jurisdiction: and (9) resolves all land claims,by the 'puyallup Indian Tribe, except as reserved in this Agreement.' ' This is an agreement between the Puyallup Indian.Tribe and the United States, the State of Washington, and the sigriatory local governments and private parties. The'Agreement will become' effective when the steps shown in Section X.have'been completed. At that time, this document and the documents specified inSection 

## x. will become the Agreement of the parties. Throughout the negotiations leading to this Agreement, bach sides hadthe benefit of legal counsel and technical consultants. It is therefore agreed that all parties had the necessary resources to understand and make the difficult decisions required. The following are the parties to this Agreement: 1. United States of America 

### 2. Puyallup Indian Tribe 

### 3. State ofWashington 4. Port ofTacoma 

### 5. Pierce County 6. City of Tacoma 7. City of Fife '8. City of'Puyallup

9. Union Pacific Railroad Comoanv 10. Burlington Northern Inc.'

- . 11. Commencement Bay Tideland Owners Committee, non-profit corporation 12. Riverbed Owners Commictee
AGREEMENT-Pagel AIIntl!=>t. ?7. ,19 8 8• All pattLes recognize that this Agreement canhot reverse or erase

.all**of~he** injustices and problems that have occurred, and no one

pretends that it does. Instead, the parties, although mindful of the past, have negot:iated this Agreement to'allow the Tribe and its members to provide themselves a secure future, to give greater cer1:.ainty to Indians and non-Indians alike, and to encourage a cooperative relationship which will reduce the danger of continued injustice and**~ontinuing** conflicts in the future. I. SETTLEMENT LANDS A. Property Conveyed Other Than Current Riverbed The Tribe will receive an estimated 899 acres of land. Those properties and certain improvements have an estimatedcurrent value of S37,460,000. Legal descriptions, improvements, restrictions and encumbrances aze:contained in Document 1. Two location drawings of the properties are included in this section. Blair**Wate~Nav** Property The Tribe will receive 43.4 acres frontin.g on the· Blair Waterway. The value of this property will increase substantiallywith completion of the Blair Project. Blair Backup Property The Tribe will receive 85.2 acres located between Taylor Way and Alexander Avenue, together with the buildings'on the property. This property will retain its current designation as a Foreign Trade Zone. The value of this property will increase substantially with**completio~** of the Blair project. Inner Hylebos Property The Tribe will receive 72 ..9 acres of property' on the**Inne~**

.Hylebos, including a marina and a log storage**si~e.**

Ucper Hylebos Property The Tribe will receive 5.9 acres of property located at the head of the Hyiebos Waterway. Union Pacific Prooertv (Fife) The Tribe will I:'':':eiv,: 57 acres, subiect to an easement if}!:, a roadway of appxoxirneteLy 4 acres. -The Tribe will have an option to buy an additional 22 acres ofland at its appraised fair market value.

AGREEMENT

- Page 2 August 27, 1988 

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• Onion Pacific and t.he City of' Fife agree to fund up t.o $2 million of the cost of construction of an underpass or overpass at Frank.Albert Road. For purposes of this**Agree~** ment, the improvement value to the property will be $800,000. Torre Property**(~)** The.Tribe will receive 27.4 acres located on Frank Albert' Road,in Fife, or the cash value of thatpr6perty. The Port will determine which option will be implemented. TaylorWay/East-West Road Properties The Tribe will receive two pieces of property totalling 7.4 acres, one on Taylor Way, the other on East-West Road. These properties will retain their current designation as a Foreign Trade Zone. Forest, Recreat.ion arid Cultural Areas The Tribe will receive.$500,000 for the purchase of, open

.space, forest and cultural lands for uses to,be determined by

the Tribe and its members. It is estimated this amount would purchase approximately 600 acres. General Requirements for,Lands Conveyed to Tribe Under This Agreement "**Th~** parties agree that lands conveyed by this Agreement will be placed in trust withon-reservation status by federal legislation enacting this Agreement, subject ,to the· uses specified in Document 1. However, nothing in that designation shall be construed as a precedent for' or against the granting of on-reservation status to other lands interior or exterior 'to ,the 1873 Survey Area. 'Forest, recreation and cultural lands will be placed in trust'and designated as off-reservation status. Final transfers of property will be consis,tent with estab- .Lisned land exchange procedures.. Contamination audits will be completed by the Port on its properties for the purpose of establishing that each property complies, wit.h applicable, federal or state contamination law, and is reasonably useful for commercial/industrial development by the Tribe. See Document 1 for details. 

# • B. Current Riverbed The non-Indian parties will convey interest they have in the submerged

,AGREEMENT

- Page 3 August 2'7, 1988 any iiqht, title or lands in the PuyallupRiver within the 1873 survey area below the mean high water line to the UnitedStates in trust for the Tribe. ·1. The United·States and the Tribe confirm all existing rights-of-way across the river bed and the right .to maintain them. The Tribe agrees it will nQt impose any charge for or regulate the use and maintenance of such rights-of-way. 2.

.The Tribe shall not deny, condition or impose any charge for discharges of waste water, storm water, or sanitary waters which discharges comply with**appli~able** federal water standards and do not interfere with the Tribe's treaty protected fishing rights. 

# o

,. I I 3. Any other easements for public purposes or utilities shall not be unreasonably withheld, but reasonable charges can be imposed by the Tribe for such easements valued in the same manner as the valuation of property in eminent. domain procgedings. However, the Tribe,**becaus~** of funds advanced by the State in this**Agreemen~** agrees that it will .not charge the State.for an additionaltransportation easement, including necessary support structures, to cross the river

## so long as .the structure is substantially completed within 15 years of

..

# 0 the effective date of this Agreement. 4. Within 3 years of the effective date of this Agreement, the Tribe, State, Federal Government,.and the County will· agree to a. plan for flood control. That plan is to address the location, amount and timing of nece.ssary gravel remova.l, vegetation control, and the roles and responsibilities of the Tribe, State, County and Federal Government in the

.plan development and· implementation. 5.· The Tribal Trust ownership of the river bed shall not enlarge ordiminish the fishing rights of any person or party
.



### ..

AGREEMENT

- Page 4 August 27, 1968

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•

• II. PAYMENTS TO,MEMBERS OF PUYALLUP TRIBE The Tribal members will receiveS24 million that will be placed in an annuity fund or other investment program. Each person who is an enrolled member of .the Tribe at the time of ratificat·ion of this Agreement by an affirmative vote of the Tribe's members will receLve a one-time payment from t.he fund. '·Each enrolled member who has reached the age of 21 at the time that the Agreement becomes effecti.ve will receive the payment as soon as possible after that date. All·other members·will receive paymerrt, upon reaching the age of 21. The $24 million will be placed in an annuity fund or other financial investment program so that each member of the Tribe will receive a payment of approximately $20,000. The Board of Trustees described in Section III below**~ill** be responsible for selecting a financial institution. or. institutions to administer che

.funds. The financial institution(s ] shall be selected by the Board no later than 60 days after the Board is elected. It is theintention of' the parties to this Agreement that'the payments to each qualified member be made as soon as is practicable and financially prudent,. as determined by the .Board in consultation with the financial institution(sj., No payments of any kind except the approxiInately $20,000 per capita payable to all Tribal members shall'be paid to the Board or its members out of this fund. A reasonable and customary fee may be paid out of income from the fund.to the financial' institution(s ) for administration 'of the' fund. This estimate of $20,000 per member is based on. an assumed enrolled membership of 1,400 on the date of ratification. The exact amount which each member will receive may be slightly higher or lower depending on interest rat'es at the time the Agreement is implemented, and the ages of members at the time the Agreement is ratified.

.This program will last for. 21 years from the date of ratification.

. For details, see Document 2.
III. PERMANENT TRUST FUND FORTRIBAL MEMBERS A. Trust Fund The Tribe shall receive a trust fund totalling $22 million for the benefit 0f t.he Tribe and .Its members. The full amount provided by t.his Agreement**~hall** be held in trust by t.he United States. Only t.he income may be spent in anyone year. Income earned from the fund shall be used solely for the following purposes:

AGREEMENT

- Page 7 August 27, 1988

# o 1. Housing 2. Elderly Needs 3. Burial and Cemetery Maintenance 4. Education and Cultural Preservation 5. Supplemental HealthCare 6. Day Care 7. Other Social Services B. Distribution of Trust Fund Income and Review of Trust

. Management:

- Distribution of 'the income from the trust fund shall be directed by a nine-member Board ofTrustees. The Board shall 'also oversee, the trustees' administration of the' fund. The Boardwill have three Trustees elected by,the Tribe from its members;**thre~** Trustees elected by the Tribal Council; one Trustee designated by the Department of Interior; and two Trustees from the financial or social··service community, selected by the Tribal and Federal Trustees. C. Duration ofTrust:**Th~** Trust Fund shall be in existence for the duration of the existence of the Tribe, as, recognized by the United States

.

# c.\ Government.

. See Document 3 for details of PermanentTrustFund.
IV. FISHERIES Introduction: The goal of the fisheries portion of this Agreement is to enhance the fisheries resource, including protection of necessary habitat, while allowing construction and development to occur. The total value of the fisheries program is S10,165,000" .;lnd an unspecified value for mitigation and enhancement for approved development projects. These funds will be used by the State and Tribal fisheries managers, through their cooperative management programs, to develop and implement a comprehensive production plan for the Basin. These funds are separate from any additional money that may be provided through theCongress, anddo not .LncLude any monies previously agreed to by the State of Washington as a result of prior cooperative management projects. A. Fisheries Enhancement'Program· 1. The Tribe will receive S7,935,OOO"from the State of Washington for it:s use in improving the puyallup River and Commencement Bay Basins fishery through: (a) site ' acquisition; (b) facilities construction and' improve- 

# ,C) ment; (C) habitat Lmpxovement : (d) equipment purchase;

AGREEMENT

- Page 8 A.uaust 27, 198 8

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B. (e)**research~** and (f) operation and maintenance of· facilities. In addition, the State will make improvements to existing state**faciliti~s** in the Puyallup River Basin to achieve increased production in the Basin, at a cost of 5800,000.

. 2. The Port of Tacoma will provide S1,300,000 to the Tribe for fisheries enhancement. These funds are in addition to 

### $675,COO transferred from the Port of Tacoma to the Tribe under·the Terminal 3 Agreement. 3. The parties. recognize the Tribe'S program for fisheries enhancement through the siting and development of· Tribal net pen facilities. The Tribe and the State Departments of Fisheries and Wildlife will jointly identify those pot.errtLa L sites which are biologically and environmentally suitable for Tr·ibal net pens. The

.parties with permitting authority will use their best

efforts to facilitate the permitting of pen sites necessary to the implementation of' the fisheries enhancement goals of this Agreement. 4. The Federal Government will spend S100,000 for ,Commencement Bay navigation equipment. Additionally, 'S30,000 will be provided by the 'Port for replacement of damaged fishing equipment. Fisheries Protection· 1. Mitiqation and Enhancement Measures 

### !2.; Specific of TaconulDevelopment Projects The approval given to the projects listed in the next ,subsection is conditioned on completion of the following mitigation and enhancement measures, as they relate to those individual projects:'



# • .a. b. c. d. e. f. g. h. i. j . Reduced Fill Area andMilwaukee Waterway Shallowing SitcumWaterway End Slope Revision Pier Construction Standards Slip 5,Shallowing Slip 1 Fill Slopes 91airWaterway Dredging Slopes

,BlairWaterway Bank Improvements

Wapat.o Creek-BlairWaterway Outfa'll wapato Creek Bridging**Inne~** Hylebos Shallowing

AGREEMENT

- Page 9 August 27, 1988These mitigation and enhancement constructed in coordination with 'projects listed below. projects will be the development

# c

72.5 Blair In addition to the'above mitigation and enhancement measures to be carried out by the Port; the

.Port will provide a $1,300,000 cash payment,
.both as part of the Fisheries Enhancement program outlined in Section IV.A. above. 'The Port will work with Tribal biologists in developing the Port's plans. Within the cost parameters of meeting the area requirements, the Port s.taffwill work with the Tribal staff to maximize the fisheries benefits from the proposed activities and constructiondesign. 2 . Tribe' s Aoproval of Soecified Port of Tacoma Projects The Port of Tacoma has proposed certain construction projects listed below, with the provis,ions for specified mitigation and enhancement stated above. The Tribe agrees to give approval to the following projects, on the condition that the Port constructs them in the manner described in Document 4. If the conditions are () met, the Tribe agrees not·to oppose the'projects in any federal, state, or local permitting'processes. Projects are ful.ly defined in Document 4, Fisheries, and Document 6, Blair Project.

.

.a. Milwaukee Waterway Fill. Filling of

percent of the**Milwauke~aterway** using Waterway dredged material. The Port will not begin'the dredging or construction of this project and will stop all further processing of permits for this project prior .to reaching the comment stage for the FEIS, and delay the restart of that process until the effective date of this Agreement. The Tribe'shall not oppose the application during this delay period, but reserves all rights to oppose the.'project if the Agreement does not become effective. As part of this stoppage of further processing, the 'Port will request the Corps 6£ Engineers to delay its formal review and publication of the uraLL Supplemental FEIS currently being pr.epared. The 'l'ribe will notify the Corps'that their letters of March 1 and May 17, 1988 relating to that draft**C~-\** document are to be heId in a.beyance pending the

AGREEMENT

- Page 10 August 27, 1988

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'.

• Tribe's reevaluation of the project and the effective date of this Agreement. b. Expansion of Terminal J. 

### Filling of Slip 1 and extension oTTerminal 3 pier by 

### up to 1,000 feet.
c. 'Northeast Blair Pier. Construction of a pier at the BlairWaterway turning basin of a length not to exceed 1,000 feet. d. Blair Navigation Proiect. Widening,and _deepening of the Blair Waterway navigational

channel to include dredging and placement of the dredge material into the Milwaukee Fill project and replacement or bypass of the,East 11th Street (Blair) bridge across the Waterway. Also included in this project is long-term maintenance dredging of,both the Blair and SitcurnWaterways. The bypass road portion of the Blair Navigation Project includes anelevatedbridge crossing over a portion of Tribal land located along the east bank of,the-Puyallup River, downstream from the existing Highway 99**Bridg~.** 

### As part of the Tribe's approval of this project which is to be complE!t.ed by the Washington State Department of Transportation, it is agreed that land will be,provided by the Tribe' for bridge construction. Details of agreedcompensation and continued access by Tribal fishermen is in Document**6~** 

### The Port agrees to schedule construction of the listed projects and their mitigation and enhancement measures in a manner which minimizes fisheries impacts, in accordance with agency requirements. Mitigation and enhancement measures shall be completed concurrently with the project. 3. General Purpose Local Government Actions
a. Definition For purposes of this Section IV, the phrase "general purpose local government" (hereinafter "local government") refers to cities and the county who are pertLes.

### to this Agreement

.

AGREEMENT

- Page 11 August 27, 1988

# o b. Goals The Tribe's treaty fisherY must be managed to**~chieve** increased salmon and steelhead product:·)n, including pzotectLon of necessary habitat, t,.
..l.le providing for residential,

.commercial, industrial and other development, natural resource use, and protection of lives and property from flooding. These goals will be recognized by the local governments which are parties·to this Agreement and after review they may adopt or modify as needed: (1) watershed action plans; (2) shoreline master programs; (3) land and resource use plans and regulations; and (4) .environmental protection regulations. In addLtLon; the local goverrunent parties, ·in consultation with the Tribe, will develop procedures for land use matters as a part of this Agreement.
c. Implementation The appropriate local governments
.will take the follOWing actions as needed to implement the goals: (1) Prepare action plans for drainage basins in Water Resource Inventory Area (WRIA) #10, including the Puyallup River and Commencement .Bay drainage basins, in accordance with**P~get** Sound Water Quality Management Plan or c=.her appropriate standards.

. (2). Develop and implement a County wetland

..management program, in consultation with the Tribe; (3) Provide regulations to preserve or provide streamside vegetation, for the purpose of maintaining water temperature,.minimizing erosion sedimentation, providing food, and retaining protection from predation; (4) Modify flood control activities to offer increased protection to the fisheries habitat;

# c

(5) Expand or modify County Basin Flood Contral Studv to evaluate alternaLive measures for**flood~an't.rol** regar1ing fisheries and flood control benefits and Lmpacts : provide the Tribe with copies of County Hydraulic /.\ Permit applications on request i work witho

# (j**Tri~e** to car=y out-gravel removal in a manner

AGREEMENT

- Page 12



### ...._. "'l" 1 Qgg

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• which takes into account protection of**fi~her­**

.ies habitat;

(6) Develop**culvert~and** floodgate designs and installation,. maintenance and. inspection guidelines and programs for improved fish passage; (7) Dechlorinate treated sewage discharges to fresh water if necessary to protect the fisheries resource; In**addition~** the Tribe may review existing land use plans, regulations and policies and consider whether changes are needed to afford greater protection of the fisheries resource. Local governments will provide the Tribe with access to nece s saey information to accomplish such review. The local government shall consider any recommendation froin t.he Tribe regarding fisheries habitat concerns. 

## c. .Access to Fishery Navigation Conflicts betweenTribal fishing and commercial.shipping will be reduced through a Navigation' Agreement which will:(a) Establish vessel traffic lanes for shipping traffic; (b)

.Identify anchoring sites for ships; (C') Set forth operation and communication procedures for implementationof the Agreement.. In addition, the Federal Government will spend SlOO,OOO to
.provide navigcational lights and other equipment to reduce conflict between' Tribal fishing'and commercial shipping traffic inCommencement Bay. Additionally, S30,000 will be provided by the Port for establishment of a revolving fund to pay for the cost of equipment damaged by shipping traffic, as part· of the Terminal 3 agreement.-

AGREEMENT

- Page 13 August 27, ·19882.

### "Milwauke~ Peninsula/Puyallup River-Mouth Fishing

# C Staciun. The Port will provide and maintain a 12-foot crravel road access and turn-around to "this site, and permit emergency vehicle access through the Sea-Land site. Details of the above access assurances are provided in Document 4. D. Resolvin"g Conflicts Between Development and Fisheries "Protection

1. " This section establishes a process and standards to resolve conflicts between**sp~cific** proposed development projects and protectionof the fishery. A schedule and procedures will be provided ·to ensure communication between developers and the Tribe'in order to encourage resolution of disputes, and to provide a voluntary arbitration system for unresolved disputes. 2. The standards for determining appropriate mitigation and/or enhancement are contained in Document 4. At a minimum, mitigation and enhancement will meet all applicable Federal and State requirements. Some developers may choose to reach an agreement with the Tribe which exceeds those requirements. 3. Projects undertaken by the parties to this system will be done in a manner that results in no netdegradation to**th~** fisheries resource and in addition provides, in appropriate cases, an enhancement element to improve the resource. The technical standards for determining appropriate mitigation and/or enhancement are contained in Document 4. 4. Adeveloper who complies with the requirements for mitigation and.enhancement" as set forth in Document 4 will receive the concurrence of the Trib.e and an agree-

.ment not to oppose the project in any federal, state or"

local permitting processes, or to seek a restraining order or injunction or otherwise seek to delay or'stop construction.of the project. When the"developer has completedthe required mitigation and enhancement measures, the developer shall have met "the conditions of this Agreement; provided, however,

that the developer is' fully responsible fer.ensuzLnq chat the**~~asur~~** are properly implemented, and that the incended**~;,eration** and functioning of the mitigation and enhancement elements do take place, artd that the**mitiga~** tion and enhancement measures continue to function for a

# ()

AGREEMENT

- Page 14 August 27, 1988

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•• reasonable period of time comparable to what could have been expected for the·undisturbed habitats.
V. JOB. TRAINING &**·PLACE~.ENT** PROGRAM; SOCIAL & HEALTH SERVICE IMPROVEMENTS A. Job Training and Placement 265 Tribal members will have the opportunity to participate in a Job Training program, directed by the State Department of Employment Security in cooperation**~ith** the Tribe. This program includes the job training program developed as a result of the Terminal 3 agreement between tne'Port and the Tribe. The program will last for 

### 4 years and cost $937,000. It will provide: 1) pre-employment training, 2) basic skills**~emediation,** 

### 3) job search workshops and on-the-job training, 4) vocational .training, 5) support services and follow-up, 6) job placement· program, and 7) technical assistance for development of Tribal industries. The program will be administered under the guidance'of a _steering committee. composed of representatives from the

Tribe, Employment Security. Department, Bates Vocational/ Technical Institute, Tacoma-Pierce County Private Industry Council, Commencement BayTideland**Own~rs** Committee andother employers providing jobs to Tribal members under SectionV.B. of the Agreement., Specific implementation provisions are described in Document 

### 5. As

.a part of this program, the State will provide training' for at least four Tribal members in culture activities. B. Private Sector Ajob placement programwill be implementedby the Employment Security Department to provide for placement of Tribal members in jobs.to match the members skill' and training. One hundred fifteen· jobs for

.Tribal members; valued at. $2,500,000, will be provided by members of. the Commencement BayTideland Owners Committee and other private businesses in the community, with placement through the Employment Security Department. In addition, the private sector will provide a coordinator for implementation of this commitment, at a cost of S100,000. See D6cument 

### 5 for details

.

AGREEMENT

- Page 15 August 27, 1988C. Social &Health Service Improvements 1. Caoital Projects The State Department of Social and Health Services (DSHS) will provide to the' Tribe funds for a 20-bed elder care facility, 20-bed youth substance abuse facility, a 42-child day care center, as well as comput-

.er equipment: for t:he Tribal ment:al health center,at a

cost of S1,255,000. DSHS shall provide these funds upon its accept:ance of facilities plans prepared by the Tribe to meet these needs. A final accounting of the costs and expenditures of each project shall be provided to DSHS by the Tribe. 2. Training Trust Fund Tribal members will receive funds for training in

.alcoholism counseling, day care, child welfare,. mental 'health and social service management. This will. be

..accomplished by the Department through a fund. of $127,000. Training will be provided through the Department's. programs, or through'local educational programs.

# o

VI. ECONOMIC DEVELOPMENT • 

# (\ j A. Economic'Development and LandAcquisition The Tribe will.receive $9,500,000 to develop Tribal and to make future purchases of land. lands,

. , These funds can be used to acquire lands and to develop' business and commercial ventures which will provide income to
. the Tribe for the operations and programs of·the Tribal goverrunent, as well as additional jobs for .Tribal members. B. Small Business Fund ForTribal Members' 

# .-.- The Tribe will receive $2 million to be used to support: and assist in the development of business enterprises by Tribal members. This fund could provide start-up funds and/or low interest loans to Triba·l members to begin or expand their own businesses, wherever they may live. C. .Blair Naviaation'Project ParticipatoryPayments Tribal incentives in the form of long-term annual participa-

# C',) tory**paymen~s** to the Tribe for economic development will be /

AGREEMENT

- Page 16 August 27, 1988

# •**o~ovided.** Annual**oav~ents** totalling 52,500,000 over ::"i11 be made to the-Tribe for their participation waterway Eas't ll'th·Stree't Bridge Navigation Opening Details of these par't.icipatory payment schedules Document 6, Blair Navigation Project.
VII. BLAIR NAVIGATION PROJECT 20**y~a~s** in Blair Project.

are in



# •

• This project, which has been determined by the parties to 

## be a common bene!it t.o the United Stat.es, Tribe, norr-Indian entit.ies, and entire**c~mmunity,** is included.as an element of this Agreement. Federal legislation shall expressly recognize the Tribe's right to engage info.reign trade, consistent with federal law. It will widen and deepen the Blair Waterway navigation channel to meet both national and local domestic and foreign trade objectives

. incentives for the Tribe'S participation in this important Water Resources Project are as follows: 

### A. Unlocking of the Tribe's BlairWaterway and Backup lands prOvided in this Agreement. As with all other land along the Blair waterway, these lands will be able to be developed to their optimum·with the aid of these navigation improvements

. B. Provision of ·$2,500,000 in long-term annual partici'pation payments to the Tribe. These**payme~ts** will be available. for short and long-term economic development purposes, such as their potential use on the Tribe's Blair Waterway properties. A full project description, estimated costs,· basis of funding -",ithin this Agreement, accomplishment plan, and Tribal incentive ?ayments is found in Document 6.
VIII. FUTURE GOVERNMENTAL AUTHORITY, RESPONSIBILITY, AND ·COOPERATION In the area of governmental jurisdiction and the exercise of .police powers,**cert~inty** andstability are important to the Tribe, local governments, the business sector, and private.citizens, in order to achreve sustained and rationa1 economic growth in the future, certainty for landowners, and an acceptable method of governing the area. The restricted and trust lands of the Puyallup Indian Tribe now lie p.ri.mari.Ly wit.hin Pierce County, t.he City of Tacoma, 'and t.he City .of ·Fife. The county is the second most populated county in the state and the area is highly urbanized and intensively developed. This section i.s in'tended to resolve governmental

AGREEMENT

- page. 17 August.27, 1988**aU~hori~y** issues betNeen.the Tribe, United**Sta~es** of America, and St.ate and local**governmen~s.** Because of the Lmcorcance cf these issues to botn 'the Tribe and tne ot.her oart.ies; tnes e issues are ext.ensively described below, and fully described in uocument i. A.**Gov.ernmen~al Jurisdi~~ion.and**  Aut.hority The·Puyallup Indian Reservation**~as** been historically defined in various ways; one of those is as "the land within·the high wat.er line as**~eandered,** and t.he upland boundaries as shown on the Plat Map of the 1873 Survey conducted by the United States General Land Office and filed .in 1874, referred to as 'the· 1873 Survey Area' in this Agreement." The parties agree that this Agreement. does not resolve their differences as to tne current boundaries of t.he Puyallup Indian Reservation. FQr purposes af this Agreement,· the parties will· use this Sur:ey Area: a map is shown on page 27 for illustrative purposes. The 1873 Survey Area shall not be used.as basis for assert.ing Tribal jurisdiction or governmental authority over nonIndians, except as specifically provided by this Agreement. The Federal definitions of ",Indian courrery", "Indian lands", 'and/or "Indian reservation" shall not be used by the Tribe.or the United States as a basis for asserting Tribal control over non-trust lands either inside or outside the·1873 Survey Area, or the activities conducted on those lands, except as provided by the Agreement, or as otherwise agreed to between the Tribe and State, and/or local**governments~** "'!'rus"t land" cr·"land in trust status" means land or any interest in land the title to which is held in**~rust** by the .United States for an individual Indian or**Tribe~** "restricted land" or "land in restricted status" means land the title to

· ....hich is held by an individual .Indian or a Tribe and which can.be alienated or encumbered by the owner only with the approval of the Secretary of the Interior, because of limitations contained in the. conveyance instrument pursuant to federal law or because of a federal law directly imposing limitations. Wherever the term· "trust land" is referred to in this Agreement, it shall be deemed to include both trust and restricted lands. 

# c

( ' /

.l. •**T~i~~l· J~~i:diction**  and Governmental Authority General
a. The**jur~:diction** of the**Puy~llup:** Indian Tribe shall**ex~end** to existing and future rastricted and 

# C"·,**t=u:~** land:. The extertt of the· Tribe's

AGREEMENT Page 18 August 27r 1988

# •

• . i

"

# .

.

## . 

# \ I jurisdiction shall be determined as provided' in federal law. b. Except as otherwise provided in this Agreement, the Tribe agrees not to assert or attempt to assert any type of jurisdiction and governmental authority, existing orpotential, including but not limited to the power to tax, as to (a) non-trust lands; (b) any activity on non-trust lands; (C) 

### any nOn-Indian individual' or business, on non-trust lands.
c. The settlement lands, including the Outer Hylebos parcel conveyed to the Tribe by the, Terminal-3 Agreement with the Port, shall,have on-reservation status; forest, recreation and cultural lands shall have off-reservation status
. The reservation status of other lands shall be as provided in federal law. d. The parties agree that all claims ofownership and governmental jurisdiction by the Tribe overthe Initial Reservation or Intended Reservation on the south side of Commencement Bay will be terminated and**extinguis~ed** 

### by this Agreement. ' e.The Tribe retains its authority under the Indian ChildWelfareAct. f. Notwithstanding'any' other provision of this Agreement, application of criminal law, family law and the Tribe's authority over its mempers and other Indians remains unchanged. g. ' The Tribe.retains and nothing

.in this Agreement shall affect the Tribe's status as an Indian Tribal government for purposes ,of the Indian Governmental Tax Status Act, 26 U.S.C. §7871, 

### seg, including for purposes of 'issuing tax exempt bonds. ,

### .



# • 2. Tribal Jurisdiction and Governmental Authority·

.... Fisheries
a. This Agreement does not limit the Tribe's

.authoritv to prevent negative impacts on the

fishery :hrough**~ne** 

### federal courts or federal, State and local permitting procedures,' subject to Section IV 0f 

### the Agreement. However, the Tribe will not 'exercise jurisdiction and governmental

AGREEMENT Page 19 August 27, 

### 1988

# () authority over non-etrust "lands and non·-Indians·on those lands for that purpose. b. Nothing in this Agreement shall have any effect on t·he Tribe's or its members I water rights as related to fisheries protectiori or to lands ownedby the Tribe or its members, hunting, gathering, or fishing rights based on aboriginal rights, treaty or executive order. These issues are hot resolved by this Agreement, and this Agreement does not in any way affect the.legal position of any party concerning these issues.
c.. The fishery is an·important cultural and economic resource to ·the Puyallup Indian

.Tribe

. Therefore, the Tribe will adopt standards for trust lands which meet or exceed the**highes~** standards of federal and state environmental protection. The Tribe will also confer with local governments to try to work out uniform standards for environmental protection. 3. Tribal Jurisdiction and Governmental Authority Environmental For the· purposes of this'Agreement, the federal, state and local governments have exclusive jurisdiction for the administration and implementation of federal, state and local environmental laws on non-trust lands within the.1873 SurveyArea. The federal andTribal,government. have ·exclusive jurisdiction for the administration and implementation of federal· and Tribal environmental laws .on trust lands within the 1873 SurveyArea. Any federal

delegation under the federal environmental laws within the 1873 Survey Area for non-trust lands will be solely to the State of Washington .or its political subdivisions,.and

.any federal·delegation under.the federal environmental laws within the 1873 SurveyArea for trust lands will be solely to·the Tribe. Incarrying out such delegated authority, the State, local**andT~ibal'** governments agree to involve each other in a consultative manner and to work cooperatively where practicable. Each party reserVes the t:ight to comment .on any other party's application for delegation. If the State or the Tribe**recei~es** delegation of federal environmental program, .the parties agree to enter into discussions which will result in a complementary approach to environmental issues, with the overall objective of consistent or compatible environmental controls in the areas· under respective State and Tribal jurisdictions.

AGREEMENT

- Page 20

. Auqust 27, 1988 

# CJ



# C)

# •

• Prior to the delegation tathe Tribe or State of federal**program~,** or for those areas where**the~e** are no federal**~rogranls,** the State and the Tribe agree to consult in such a manner as to provide consistent and cooperative environmental programs. . Subject to the limitations set forth above, and solely for the purpose of qualifying for federal contract and grant. funding under federal .environmental laws, the Tribe may utilize the 1873 Survey Area .for program planning purposes. The Tribe's governmental·status is not diminished by'this Agreement, and the Tribe shall be deemed to qualify for the receipt of environmental program delegation and funding under federal.environmen-. tal law subject only. to the Tribe's ability to demonstrate its' reasonable capability to administer an effective'program on trust 'land in a manner consLst.ent; with applicable federal law.

. Consistent with the terms of this Agreement it is the intent of the parties hereto to confirm the governmental authority of the Puyallup Tribe of Indians and to recognize the T1=ibe'.S cont,inuing right to participate under the federal environmental programs, as provided for herein,' and to receive grant assistance, develop cooperative agreements, ana receive technical assistance from EPAor other federal agencies to the full extent of the law. The terms of this Agreement or any'cooperative agreement entered into hereunder shall not
.act to diminish the trust responsibility owed to the Tribe by the United States or preclude the Tribal government from participat'ing in any federal environmental program consistent with applicable federal "law. The Tribe retains its.rights and responsibilities to consult and otherwise participate in programs and regulatory activities ofenvironmenta1 agencies. 4 . Jurisdiction and Governmental Authority Governments Other


# • -'

.. The state.and its political s\lbdivisions will retain and exercise all jurisdiction and governmental authority over all non-trus.t lands and the activities conducted thereon and as provided ill 

### federal law over non-Indians

.

AGREEMENT

- Page 21 August 27, 19,88

## s. Future Trust Lands 

# o

For placing new land in trust , the parties, including the Secretary of Interior, shall abide by 25 eFR (Code of Federal Regulations) Part 151

-- Land Acquisitions,. as all of those standards now exist or as they may be amended in the future. Nothing in this Agreement shall limit or modify any party's right to appeal the decision of the Secretary. The non-Indian parties**agre~** to support applications to place land in trust for residential purposes filed by the Tribe or its members before July 1, 1988, if the land is within the 1873 Survey Area.· Any disputes regarding violations of conditions or agreements on lands placed in trust. may be' reviewed by the Federal

.Courts, pursuant·to Section XI of this Agreement.

C. Future Consultation Between the Tribal Government and Local Governments The Tribe and local governments need to communicate and coordinate on land use and related matters. This section provides a new

### mechan~sm to facilitate these necessary

### ~) communications. • The parties agree that when the Tribe or any general purpose local government which is a party to thi's agreement receives an application for trust or a permit which is

.defined as a "substantial action" in Document 7, or ,itself proposes to take a "substantial action" concerning property located within the 1873 survey Area, the issuing government agency will notify the other affected governments and give an opportunity for consultation and discussion. This consultation process applies to any land proposed for future trust status, or to a change in use on trust property. Each government retains the right to make the final decision on every such matter. In the consultation process, the parties shall discuss. the following factors as applicable:
a. The need of the Tribe and its members for increased land; b. The objectives of f9deral Indian pelicy;

c. The protection of established or planned residen-. tia1 areas from uses'or developments which would ad- () versely affect those ar9as;

AGREEMENT

- Page 22 August 2i, 1988

# e.

e



# • d. Avoidance of adverse effects on other current and planned ·development and uses, on adjacent lands and within surrounding neighborhoods;
e. Protection of the health, safety, and'welfare of

.the conununity;



## f. Preservationof open space; g. Protection of the physical environment from adverse impacts; h. Opportunity for economic growth and diversity; i. Provisions for providing public facilities; j . 

### Concern that land may.be put into trust for the .primary purpose of allowing non-Indian businesses to avoid state and local taxation or where the Tribe receives no significant immediate benefits from the transaction; and k. The impact resulting from the removal of the land from state and local governments' tax·rolls.

.No predetermination of the applicable factors is contained in.'this Agreement, except that the non-Tribal parties agree to not raise objections to the trust applications for lands conveyed to the Tribe by this AgreemEitnt.. When other land is proposed.to be placed in trust, it shall be subject to the provisions of this section. Before the Tribe ora member of the Tribe files any trust land application in the future, or the Tribe authorizes a substantial change in use 9f land in trust, the Tribewill use the consultationprocess described in this Agreement..

. The parties agree that the Federal District Court shall have jurisdiction in the event any party fails to follow this consultation procedure. D. Governmental Services The Tribe or Tribal members shall be. responsible for the costs of all governmental services to the Tribe or Tribal members (whetherprovided by the Tribe or contracted'for with the local governments) where those services are requested by the Tribe or Tribal members. The local**go~err~ents h~va**  

### no duty to provide services to trust lands unless the Tribe or its members,request such services, and there is a mutually satisfactory agreement regarding tJayment f

### or such services.

AGREEMENT- Page 23 August 21, 1988The state and local governmen.ts shall be responsible for providing such services t.o non-trust lands. The Tribe may choose to provide gove'rnmental services to Indians on trust lands or may contract with another,governmental unit for services it chooses not to provide to ' :':s members, unless such contracting would result in a signi .cant; disruption of service or the ability to deliver service oy either contracting party. Residential services such as water, power, heat and other utilities for individual Tribal members will remain the responsibility of Tr'ibal members unless the '1'ribe undertakes a housing program of the type pzovLded by housing authorities, in which case the Tribe will be responsible. The provision of public facilities and services for trust lands will be covered by intergovernmental agreements. E. Agreement for**~'** The Tribe and the City of Fife agree to a development fee for general governmental services and school district operational expenses as set forth herein. 

# o

a. If the total amount of trust land within the City of Fife exceeds'17% of the land area within the City of F:ife, or exceeds in value an amount equal to 17% of the**a~sessed** valuation of all'real property within the**Ci~y C~**  of Fife, then, as''to,any additional lands placed Lrrco Trust, the Tribe shall compensate the City 'of Fife and the Fife School District in an amount and manner to be agreed to between the Tribe and the City of Fife. b. The standard to be applied in determining the .amount; and manner of' payment shall be,that t,he City of Fife and the Fife School District shall receive in annual payments from the Tribe the amount of income the City and School Distri'"'t would have continued to receive for genera.!. governmencal services and school district operations _f the property would have remained in fee status (any federal impact monies received by theciiy or school district as a result of land achieving -trust status or Indian studentsattendtng Fife School District, schools shall be credited towards the above payments). The valuation of each property shall be based upon the actual use of the property, or its zoning classification, whichever yields the highest property value. ,For this purpose the zoning classification in the City of Fife zoning map shall be used until the Tribe adopts its own**compreher~ive** zoning map, at which time the Tribe's zoning map Sf.**~ll** be used for all subsequent years.
c. If**t~e** City and Tribe cannot agree upon the valua-

# u-\ tion of**tr~st ~roperties**  or upon the amount of payment,

AGREEMENT

- Page 24 August 2i,**19B~**

# •

•

F. then these issues shall-be arbitrated. The parties will first attempt to reach agreement using a single'arbitrator: if they cannot agree, they will use a three-member ,arbitration panel. The three-member panel shall be chosen as**follow~:** the Tribe and City shall each choose one arbitrator, and those two arbitrators shall choose a third. d. The decision of the arbitrators shall be binding on the 'parties and may'be enforced in the United' States District Court for the Western District of Washington.
e. The boundaries of Fife as of July

### i, 1988 shall be used for purposes of determining the above percentages unless Fife and the Tribe agree' otherwise. Section VIII.E. shall 'remain in full force and effect unless Fife is disestablished as a municipality: then and only then shall this'agreement between Fife and the Tribe be terminated. f. The City,of Fife'and the Tribe share a common goal to assure that'the future developmentwithin the Cityof Fife will balance the need for commercial and industrial growth with the need for the preservation, enhancement, and expansion of Indian and non-Indian residential areas and the protection and rebuilding of Wapato'Creek as· '4 viable fish run. The Tribe and the City of Fife will consultwith and cooperate with eachother in developing their, respective land use plans in order to effectuate this goal. LawEnforcement



# • In order to exercise the highest degree of cooperation, the Puyallup Indian Tribe and the state and its political subdivisions, .through their respective law enforcement authorities, agree to the f91lowing program, as described in Document 7: 1. The Puyallup Tribal police' will be primarily responsible for law enforcement over Tribal members on trust'lands in the 1873 Survey Area. Local and state police ,agencies**~hall** be primarily responsible for law enforcement over non-Tribal members and on non-trust lands, as presentlyprovided by law.**~.** 

### Each jurisdiction·is responsible for its own criminal investigations, pursuit of alleged criminals, and arrests, and for all liability. or damage arising from incidents or actions involVing its officers, whether or not the authority being exercised is that of

AGREEMENT'

- Page 25 Auqust; 27, 1988

### ·.

the employing jurisdiction or.of other jurisdictions

.

# C 'under deput.izal:.ion. .The employing jurisdict.ion will hold harmless ol:.her jurisdictions whose aut.hority is being exercised by the officer. 3. All part.ies agree· to minimize jurisdictional disputes by formal and informal consultation on matters of mutual interes

### e . Specific'jurisdic:tionai problems shall be the subject of continuing and regular consultations.



# (\ j



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AGREEMENT

- Page 26 August 27, 1988,.

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# •IX. RESOLUTION OF PUYALLUP TRIBAL LAND'CLAIMS A. In return for the land and other benefits derived from this Agreement,' the Puyallup Indian Tribe and the United States government, as trustee.for the Tribe and its members, agree to relinquish all claims to any land,present or former tidelands,

.submerged lands, mineral claims, non-fisheries water rights connected with such relinquished land, 'known or unknown,**with~n** the state ofWashington, and all water claims associated with or arising

.from such claims, subject only to the folloWing exceptions: 

# C ·'\**~)**

1. 12.5 acres of former riverbed land confirmed to the Tribe in Puyallup Tribe of

.Indians 

### y. Port of Tacoma, U.S. District Court, Western District of Washington, Cause No.**C80~** 164T. Provided that the Tribe agrees to provide an easement for crossing and property for bridge supports to the State or a political subdivision atjust compensat'ion, for the purpose of construction of a bypass road as specified in Document 6. 

## 2. All land to which record title in the Tribe or the United States in trust for the Tribe or its alembers derives from a patent issued by the United States or

# '0 from a conveyance of

.tideland by the State of Washington. Record title means title documented by identifiable conveyances reflected in those records imparting constructive notice of s:onveyances according to the laws·. of the State of washington, RCW Chapters 65.04 and 65.08, and the final' jUdgments of state.or federal courts. 3. Certain land presently recognized to be owned by the Tribe or the United States in trust for the Tribe within The tnoLan

.Addition to the City of Tacoma as**r~corded** in book 7 of plats at pages 30 and 31, records of Pierce County, washington, as follows:

a. Portions ofTracts 2, 5, 6, 10 and 11 b. Tracts 7 (schooi site) c. Tract 8 (church site) d. Tract 9 (cemetery.site) e. Approximately 38 lots in. blocks 8150, 8249, 8350 and 8442, inclusive. No later than December'.1, 1988, the Tribe may expand this lis.t of parcels; wherever located, .provided,

.the Tribe provides the non-Indian parties with the legal**C~')** description of any such parcel, and with evidence of owrier s hLp and/or trust .status of such parcel(s) being

.vested in'the Tribe or the United States in trust for

n
...,.,,,,,,, .,0

# •

•

• '.the Tribe by record title or 'by B.I.A. land records. 4. The lands transferred to the Tribepursuant to this

.Agreement.

5. The rights to underlying lands or the reversionary interest of the puyallup Tribe, if any, in the 'Union Pacific and/or Burlington Northern rights-of-way across the 1873 

### SurveyArea, where the propertyoverwhich 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 presently submerged lands in the puyallup River within the 1873 

### Survey Area below the**~ean** 

### high water line.

. However, with regard to these above-mentioned six exceptions, the Tribe agrees not to infringe upon or impair current public uses or easements on such lands. The Tribe also agrees not to impairor infringe title to any existing railroad easements, permiLs; leases and licenses for communications or other utility facilities on such lands listed in the above-mentioned exceptions

. B. Subject to the explicit provisions of this Agreement, the terms "land claims ft**and,Acla~s"** 

### as used in this section include rights and claims to minerals and other usual interests in land and claims related to alleged past trespass or damage. The Tribe waives any claim for trespass or damages against the parties to this Agreement as,to claLms which the Tribe is relinquishing in this Agreement.

. C. Nothing in this section nor in this Agreement shall be construed to impair, eliminate, orin any way affect the title of any individual Indian to land held by hLm 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 claimwhich is pursued under any lawof general applicability that protects non-Indians as well as Indians. D. The Tribe and the federal government will confirm to Burlington Northern Railroad Company and its assigns**owner~** 

### ship of the former riverbed land and any tidelands or harbor areas owned, occupied or used by Burlington Northern or its assigns in Commencement Bay. Further, the Tribe agrees not to revoke its consent to' Burlington**Northern~or** 

### any other railruad with lines or rights-af-way, for acts or omissions through the date of this Agreement. The Tribe will also grant a right-af-way to Burlington Northern foi its existing line through the former r1verbed land now in pQssession of

AGREEMENT

- Page 29 August.27, 1988the Tribe. The Tribe and federal goverrunent·will confirm to Burlington Northern Railroad Company and its assigns that all existing easements, permits, leases and licenses for communications or**othe~** utility facilities shall continue·to**exis~** with the same rights, duties and benefits. The Tribe will not impose any tax or fee upon any Union Pacific Railroad or Burlington Northern Railroad property, right of way, or railroad traffic for a period of 30 years from the date of this Agreement. The Tribe further agrees, when the 30 years expire, to limit, in perpetuity, any such taxation or fees to a proportionate share of. the taxes or fees which otherwise would be paid to the State of Washington, Pierce County or other taxing district based upon the State-determined value of railroad operating property within Pierce County. The State agrees to exempt such taxes or fees, to.the extent the Tribe imposes such taxes or Iees, which otherwise would be paid to the State of Washington, Pierce County, or other taxing district. E. This Agreement shall be for the benefit of all public. and private landowners whose land titles might or would

.otherwise be -affected by the Tribal claims described above.

X. iMPLEMENTATION AND MODIFICATION A. Structure ofAgreement This Agreement will consist of this document entitled "Agreement U and several separate documents contained in a technical appendix which will be an integral part of the Agreement: 1. Settlement lands 2. PaYments to Members of Puyallup.Tribe 3. Permanent Trust Fund for'Tribal Members 4, Fisheries

. 5. Job Training 'Placement Program; Social , Health Service Improvements 6. Blair Navigation**Proj~ct** 7. Future Governmental Authority, Responsibility and Cooperation Upon ratification by the Puyallup Tribe .of this Agreement, a Court Order, Congressional Act, and State of Washington legislation will be prepared. B. Ratification the·Tribal Members 

# o

o

.The Tribal members must ratify this Agreement by no later 

# CO)

than August 27, 1988. Upon ratification, the pa.rties shall

_.

AGREEMENT

- Page 30

.August 27, 1988

# •

I. immediately convene to develop a plan for implementing the Agreement at the earliest possible date

. . C. Federal and State Participation 1. In order to go into effect, this Agreement requires· certain actions by the United States Congress as specified in this document, including contribution of approximately $7·7,250,000. To implement this Agreement, the' parties shall request that Congress enact legislation, provided that the language of such legislation shall not alter in any way the terms of this Agreement, except with the consent of the parties. 2. In order to go into effect, this Agreement requires certain actions by the Washington'State Legislature as specified in this document

.including contribution of approxLmately S21,000,000. To implement this Agreement, the parties shall request that the Legislature enact. legislation, provided that the language of such 18gis- 'Lat.Lon shall not alter in any way the**t~rmsof** this Agreement, except with the consentof the parties. 3. Among otherprovisions, these legislative acts will specify, and the parties agree, that (a) none of the funds, assets or income from the peJ:inanent tru&t fund receivedby the Tribe as part ofthis Agreement shall be subject to levy, execution, forfeiture, lien,. encumbrance, or seizure: (b) nothing in the Agreement shall .'affect the eligibility of t.he Tribe or any of its

members for any federal**p~ogram** or the trust responsibility of the United States and its agencies to the Tribe and Tribal members; '(c) none'of the funq,s, assets or income from**th~** permanent trust fund thereof contained in or resulting from this Agreement 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, prOVided the federal legislation implementing this Agreement authorizes such action by the state and local governments; and (d) none of the funds or assets transferred to the Tribe or**~ts** members by this Agreement shall be deemed to be taxable, nor shall such transfer be a taxable event. D. Effect.ive Date 

# • This Agreement shall become effective when all of the following steps have been accomplished. It is contemplated that the steps will be fulfilled in the following order:

AGREEMENT

- Page 31 August 27, 1988'1-. Approval of the Agreement by all of the. parties, 

# 0 except the State of Washington and the United States; 2. Enactment of State legislation necessary to effectuate the**~greement** (excluding actions specifically listed as c\avinga period of time after the effective date for completion); concurrentlywith
, . 3. Enactment of'·federal 'legislation necessary to effectuate the Agreement, including appropriation of funds and provisions for'receiving pz:operty in trust (excluding actions specifically listed as having a period of time after the e.ffec.tive date for completion);

E. Modification The parties recognize that they may at various times in the**futur~** wish to modify this Agreement and provisions of Documents 1-7. After ratification of this Agreement by the Tribal members,' the parties will develop procedures for modification of the documents. This Agreement shall not preclude' the Tribe. and any other parties from agreeing to early implementation or action on provisions'of this Agreement.
XI. FEDERALCOURT JURISDICTION A. Liability Remedies for vLcLatLon of any provision of this Agreement .' shall be solely against the party or parties whose action or

# CJ

AGREEMENT

- Page 32 'August 27, 1988

# • inaction proximately caused the violation. joint and several liability among ·the Agreement. B. Consent.to Sue There shall be no parties to this



# •

XII. All parties to this Agreement consent to suit in the Federal District Court for the Western District of Washington, Southern Division, and agree that the Federal Court shall have jurisdiction over any disputes arising from this Agreement.All parties shall enter into a limitedwaiverof.their sovereign Lmmunity from suit, 

### ifany, to the,extent that they consent to actions. seeking .to remedy· violations of this Agreement or its implementing 

### eenexaeea, and for declaratory judgment actions regarding their provisions. This waiver of sovereign immunitywill be limited to the forms of reliefwhich will be authorizedby the Federal Court consent decree: 1) specific performance of the· terms of the ·Agreement or, if the court·determines that specific performance is not feasible, ·2) a remedy specified by the court which will provide a benefit equivalent to that which was contemplated by the provision of the Agreement in question, or 3) consequential damages in the event a court finds·that the party has knowingly and intentionally acted in a manner so as to frustrate the purposes of this Agreement,. notwithstanding Section**X.C~3.(a).**

LEGAL DISCLAIMER



# • This Agreement, its acccmpanyingDocuments 1-7, and all negotiations and exchanges of technical information leading to this Agreement constitute offers of settlement and compromise of disputed issues entered into between the parties expressly pursuant t.o Rule 4U8 of the Federal Rules of Evidence. Accordingly, in the event that the above conditions are notmet and this Agreement does not become effective, all statements and agreements contained. herein and in Documents 1-7, all technical reports exchanged by the parties, and all negotiations conducced by them are in strict confidence and will not be admissible or used in any way against any ofthe parties to this Agreement, orthe beneficiaries of**thi~** Agreement, in any legal or administrative proceeding

.

AGREEMENT

- Page 33 August 27, 1988