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Agreement

between

the PuyallupTzibe ofIndians,

local Governments in Pierce County,.

the State ofWashington,

the United States of America,

and certain private property owners•.

August 27, 1988

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AGREEMENT

August 27, 1988
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AGREEMENT

August 27, 1988

AGREEMENT: TABLE·OF CONTENTS

SECTION

PURPOSE AND SCOPE OF AGREEMENT; PARTIES

1. SETTLEMENT LANDS'

A. Propeity Conveyed Other Than

Current Riverbed

B. Current Riverbed

Map of Port Properties

Map of Fife Properties

I I. PAYMENTS TO MEMBERS OF PUYALLUP TRIBE ,.

III. PERMANENT TRUST FUND FOR TRIBAL MEMBERS

A. 'Trust Fund

B; Distribution of Trust Fund Income and

Review of Trust Fund Management

C. Duration of Trust

IV. 'FISHERIES

A. Fisheries Enhancement Program

a. Fisheries Protection

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6

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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

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C. Access to Fishery

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2.

Navi9ation

Milwaukee peninsula/Puyaliup

River-Mouth Fishing Station

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D. Resolving Conflicts Between Development

and yisheries 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

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ECONOMIC DEVELOPMENT

A. 'Economic Oevelopment and Land

Acquisition Fund

Small Business Fund for Tribal Members

VI.

B.

2. Training Trust Fund 16

16

16

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VII. BLAIR NAVIGATION PROJECT

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

Aut ho r Lty ':"" Other Governments

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19

20

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8. Future Trust Lands 22

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D.

E.

F.

Future Consultation Between the Tribal

Government and Local Governments

Governmental Services

Agreement for Fife

Law Enforcement

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23

24

25

1873 Survey Area: Illustration 27

IX. RESOLUTION OF PUYALLUP TRIBAL LAND CLAIMS 28

x. IMPLEMENTATION AND MODIFICATION

A. Structure of Agreements

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XII. LEGAL DISCLAIMER

XI. FEDERAL COURT JURISDICTION

C. . Federal and State Participation

B. Ratification 8y the Tribal Members .30

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32

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Consent to Sue

Modification

Liability

Effective Date

a.

A.

E.

D. •

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AGREEMENT

PURPOSE AND SCOPE OF AGREEMENT; PARTIES

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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 soc ial 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 acquLs Lt.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 in Section

x. will become the Agreement of the parties.

Throughout the negotiations leading to this Agreement, bach sides

had the 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 of Washington

4. Port of Tacoma

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

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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 estimated current

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 substantially with 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 appxoxirne t e Ly 4 acres. - The Tribe will have an

option to buy an additional 22 acres of land 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.

Taylor Way/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 wi thon-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.

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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 Puyallup
River within the 1873 survey area below the mean high water

line to the United States 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.

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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 or diminish the fishing rights of any person

or party .

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AGREEMENT - Page 4

August 27, 1968
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,:'GREENENT - ?aae 6

. Augus~ 27, 1988

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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

r eceLve 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( s j., 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 FOR TRIBAL MEMBERS

A. Trust Fund

The Tribe shall receive a trust fund totalling $22 million

for the bene fit 0 f t.he Tribe and .I t s 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
1. Housing o

2. Elderly Needs

3. Burial and Cemetery Maintenance

4. Education and Cultural Preservation

5. Supplemental Health Care

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 of Trustees. The Board shall

'also oversee, the trustees' administration of the' fund. The

Board will 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 of Trust:

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 Permanent Trust Fund.

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 the Congress, and do

not .Lnc Lude 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 ' acquisi tion; (b) fac ilities const ruc t i on and' improve- ,C)

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

AGREEMENT - Page 8

A.uaus t 2 7, 19 8 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.errt La 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:'

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b.

c.

d.

e.

f.

g.

h.

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Reduced Fill Area and Milwaukee Waterway

Shallowing

Sitcum Waterway End Slope Revision

Pier Construction Standards

Slip 5, Shallowing

Slip 1 Fill Slopes

91airWaterway Dredging Slopes , Blair Waterway Bank Improvements

Wapat.o Creek-Blair Waterway Outfa'll

wapato Creek Bridging

Inne~ Hylebos Shallowing

AGREEMENT - Page 9

August 27, 1988
These mitigation and enhancement

constructed in coordination with

'projects listed below.

projects will be

the development

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72.5

Blair

In addition to the' above mitigation and enhancement

measures to be carried out by the Port; t he . 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.taff will work with the

Tribal staff to maximize the fisheries benefits from the

proposed activities and construction design.

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 uraL L

Supplemental FE IS 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~-\

documen t are to be he Id 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 oT Terminal 3 pier by up to 1, 000

feet.

c. 'Northeast Blair Pier. Construction of a pier

at the Blair Waterway 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 Sitcurn Waterways.

The bypass road portion of the Blair Navigation

Project includes an elevated bridge 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 agreed compensation 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 per t Le s. to this Agreement .

AGREEMENT - Page 11

August 27, 1988
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b. Goals

The Tribe's treaty fisherY must be managed to ~chieve increased salmon and steelhead product:·)n,

inc luding pzot ect Lon 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;

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(5) Expand or modify County Basin Flood

Contral Studv to evaluate alternaLive measures

for flood~an't.rol regar1ing fisheries and

flood control bene fits and Lmpac t s : prov ide

the Tribe with copies of County Hydraulic /.\

Permi t applications on r eques t i work wi tho (j Tri~e to car=y out-gravel removal in a manner

AGREEMENT - Page 12 .... _. "'l" 1 Q g g
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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

nec e s s aey 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 between Tribal 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 implementation of 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 in Commencement 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 traf fic, as part· of the

Terminal 3 agreement.-

AGREEMENT - Page 13

August 27, ·1988
2. "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 protection of 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 net degradation 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. A developer 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 in j unction or otherwise seek to de lay or' stop

construction. of the project.

When the "developer has completed the required mitigation

and enhancement measures, the developer shall have met

"the condit ions of this Agreement; provided, however,

that the developer is' fully r e s pons i bl e fer. ens uz Lnq

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

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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 inc ludes 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 Bay Tideland Own~rs Committee and other

employers providing jobs to Tribal members under Section V.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

A job placement program will be implemented by 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

Bay Tideland 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, 1988
C. 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,. ment a l

'health and soc ial serv ice 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 •

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A. Economic 'Development and Land Acquisition

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 For Tribal 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 Participatory Payments

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 Blair Waterway 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. Prov ision of ·$2,500, 000 in long-term annual partic i'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 and stability 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.ma r i.Ly wit.hin Pierce County, t.he City of Tacoma, 'and t.he

City .o f ·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 Lmco r canc e c f these issues to bot n ' the Tribe and

t ne ot.her oart.ies; t ne s e issues are ext.ens ively 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

t ne current boundaries of t.he Puyallup Indian Reservation.

FQr purposes a f 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.

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.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 r ast r i c t ed and C"·, t=u:~ land:. The extertt of the· Tribe's

AGREEMENT Page 18

August 27 r 1988
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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 or potential, 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 of ownership

and governmental jurisdiction by the Tribe over the

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 Child Welfare Act.

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, inc luding for purposes of 'issuing tax exempt

bonds.

, .

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2. Tribal Jurisdiction and Governmental Authority·.... Fisheries

a. This Agreement does not limit the Tribe's . authori tv to prevent negative impacts on the

fishery :hrough ~ne federal courts or federal,

State and local permitting procedures,' subject to

Section IV 0 f the Agreement. However, the Tribe

will not 'exercise jurisdiction and governmental

AGREEMENT Page 19

August 27, 1988
()

authority over non-e t rus t " 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

owned by 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 Survey Area. The federal and Tribal,government.

have ·exclusive jurisdiction for the administration and

implementation of federal· and Tribal environmental laws

.on trust lands within the 1873 Survey Area. 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 Survey Area for trust

lands will be solely to·the Tribe. In carrying 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 i nt o discussions

which will resul t in a complementary approac h 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

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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 consLs t.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 EPA or 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 of environmenta1 agencies.

4 . Jurisdiction and Governmental Authority

Governments

Other

•

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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 t rus t , the parties, including the

Secretary of Interior, shall abide by 25 eFR (Code of Federal

Regulations) Part 151 -- Land Acquisi tions,. 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 consul tation 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 r esi den-.

tia 1 areas from uses' or developments which would ad- ()

versely affect those ar9as;

AGREEMENT - Page 22

August 2i, 1988
e.

e

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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 conununi ty;

f. Preservation of 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 or a 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 Tribe will use the consultation process 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 (whether provided 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, 1988
The 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 responsibili ty 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 development within the City of

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

consult with and cooperate with each other in developing

their, respective land use plans in order to effectuate

this goal.

Law Enforcement

•

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 presently provided 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.

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AGREEMENT - Page 26

August 27, 1988
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AGREEMENT Page

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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 of Washington, and all water claims

associated with or arising .from such claims, subject only to

the folloWing exceptions:

C

·'\

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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 at just

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 t no Lan . 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 of Tracts 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

owrie r 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 Tribe pursuant 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 Survey Area, where the property over which they

were· granted belonged, at .the time of the grant, to the

United States in trust for the Tribe, or to the Tribe.

6. The 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 impair or 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 claimsft 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 claim which is pursued under any law of

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, 1988
the 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 -af fected by the Tribal claims described above.

X. iMPLEMENTATION AND MODIFICATION

A. Structure of Agreement

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

spec ified 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 consent of the parties.

3. Among other provisions, 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

received by the Tribe as part of this 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); concurrently with , .

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. FEDERAL COURT JURISDICTION

A. Liability

Remedies for v Lc La t Lon 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 limited waiver of. their

sovereign Lmmunity from suit, if any, 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 relief which will be authorized by the Federal Court

consent decree: 1) spec ific 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 t o 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 not met 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 of the parties to this Agreement, or the beneficiaries of thi~

Agreement, in any legal or administrative proceeding .

AGREEMENT - Page 33

August 27, 1988