Puyallup Tribe of Indians Settlement Act of 1989
PL 101-41 (H.R.932), enacted 06/21/1989

PUBLIC LAW 101-41—JUNE 21, 1989 
103 STAT. 83 
Public Law 101-41 
101st Congress 
An Act 
To provide for the settlement of land claims, and the resolution of certain issues of 
governmental jurisdiction, of the Puyallup Tribe of Indians in the State of Wash-
ington, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Puyallup Tribe of Indians Settle-
ment Act of 1989". 
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds and declares that: 
(1) It is the policy of the United States to promote tribal self-
determination and economic self-sufficiency and to support the 
resolution of disputes over historical claims through settlements 
mutually agreed to by Indian and non-Indian parties. 
(2) Disputes over certain land claims of the Puyallup Tribe 
and other matters, including— 
(A) ownership of the Commencement Bay tidelands and 
areas of former Puyallup Riverbed, lands within the Puy-
allup Tribe's Treaty Reservation, or intended reservation 
J 
boundaries, 
(B) railroad and other rights-of-way, 
(C) control of fisheries resource and habitat, 
(D) jurisdiction over law enforcement, 
environment, 
navigation, and authority and control in the areas of land 
use, 
(E) business regulation and zoning, 
have resulted in difficult community relations and negative 
economic impacts affecting both the Tribe and non-Indian 
parties. 
(3) Some of the significant historical events that led to the 
present circumstances include— 
(A) the negotiation of the Treaty of Medicine Creek in 
December 1854, by the Puyallup Indians and others, by 
\k 
which the tribes ceded most of their territories but reserved 
certain lands and rights, including fishing rights; 
(B) the Executive Order of 1857 creating the Puyallup 
Indian Reservation; 
(C) the Executive Order of 1873, clarifying and extending 
the Puyallup Reservation in the Washington Territory; 
(D) the March 11, 1891, Report of the Puyallup Indian 
Commission on allotments and the 1896 report by a second 
Puyallup Indian Commission describing the problems with 
sales of allotted lands; and 
(E) the 1909 District Court for Tacoma decision of the 
United States of America against J.M. Ashton and the 1910 
June 21, 1989 
[H.R. 932] 
Puyallup Tribe 
of Indians 
Settlement 
Act of 1989. 
25 u s e 1773 
note. 
25 u s e 1773 
note. 
" • • % , ' • 
.. srw; 
103 STAT. 84 
PUBLIC LAW 101-41—JUNE 21, 1989 
Supreme Court decision of United States of America 
against J.M. Ashton. 
(4) It is recognized that both Indian and non-Indian parties 
enter into this settlement to resolve certain problems and 
claims and to derive certain benefits. 
(5) There is a recognition that any final resolution of pending 
disputes through a process of litigation would take many years 
and entail great expense to all parties; continue economically 
and socially damaging controversies; prolong uncertainty as to 
the access, ownership, and jurisdictional status of issues in 
question; and seriously impair long-term economic planning and 
development for all parties. 
(6) To advance the goals of Federal policy of Indian self-
/^^ 
determination and to carry out the trust responsibility of the 
United States, and to advance the Federal policy of inter-
'l 
national trade and economic development, and in recognition of 
the Federal policy of settling these conflicts through com-
prehensive settlement agreements, it is appropriate that the 
United States participate in the funding and implementation of 
the Settlement Agreement, 
(b) PURPOSE.—Therefore, it is the purpose of this Act— 
(1) to approve, ratify, and confirm the agreement entered into 
by the non-Indian settlement parties and the Puyallup Tribe of 
Indians, 
(2) to authorize and direct the Secretary to implement the 
terms of such agreement, and 
(3) to authorize the actions and appropriations necessary to 
implement the provisions of the Settlement Agreement and this 
Act. 
25 u s e 1773a. 
SEC. 3. RESOLUTION OF PUYALLUP TRIBAL LAND CLAIMS. 
(a) RELINQUISHMENT.—In accordance with the Settlement Agree-
ment and in return for the land and other benefits derived from the 
Settlement Agreement and this Act, the Tribe, and the United 
States as trustee for the Tribe and its members, relinquish all claims 
to tidelands, submerged lands, and any other lands, and including 
any mineral claims and nonfisheries water rights connected with 
such relinquished land, known or unknown, within the State of 
Washington, subject to the exceptions referred to in subsection (b). 
(b) EXCEPTION FOR CERTAIN LANDS.—Subsection (a) shall not apply 
to the following: 
(1) 12.5 acres of former riverbed land confirmed to the Tribe 
in Puyallup Tribe of Indians against Port of Tacoma (717 F. 2d 
1251 (1983)), which land shall be subject to the terms and 
conditions described in the Settlement Agreement and docu-
ment 6 of the Technical Documents. 
(2) All land to which record title in the Tribe or the United 
States in trust for the Tribe or its members derives from a 
= 
patent issued by the United Stetes or from a conveyance of 
tideland by the Stete of Washington. For the purposes of this 
paragraph, the term "record title" means title documented by 
identifiable conveyances reflected in those records imparting 
constructive notice of conveyances according to the laws of the 
Stete (RCW chapters 65.04 and 65.08) and the final judgments of 
State or Federal courts. 
(3) Ortein land recognized to be owned on August 27,1988, by 
the Tribe or the United Stetes in trust for the Tribe within the 
PUBLIC LAW 101-41—JUNE 21, 1989 
103 STAT. 85 
Indian Addition to the city of Tacoma, Washington, as recorded 
in book 7 of plats at pages 30 and 31, records of Pierce County, 
Washington, as follows: 
(A) Land owned on August 27,1988: 
(i) Portions of tracts 2, 5, 6,10, and 11. 
(ii) Tract 7 (school site). 
, 
(iii) Tract 8 (church site), 
(iv) Tract 9 (cemetery site). 
(v) Approximately 38 lots in blocks 8150, 8249, 8350, 
and 8442, inclusive. 
(B) Land, wherever located, added to the above list of 
parcels on or before December 1, 1988, in accordance with 
paragraph A.3. of section IX of the Settlement Agreement. 
(4) The lands transferred to the Tribe pursuant to the Settle-
ment Agreement. 
(5) The rights to underlying lands or the reversionary interest 
of the Tribe, if any, in the Union Pacific 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 submerged lands as of August 27, 1988, in the Puy-
allup River within the 1873 Survey Area below the mean high 
water line. 
(c) PERSONAL CLAIMS.—Nothing in this section or in the Settle-
ment Agreement shall be construed to impair, eliminate, or in any 
way affect the title of any individual Indian to land held by such 
individual in fee or in trust, nor shall it affect the personal claim of 
any individual Indian as to claims regarding past sales of allotted 
lands or any claim which is pursued under any law of general 
applicability that protects non-Indians as well as Indians. 
SEC. 4. SETTLEMENT LANDS. 
(a) ACCEPTANCE BY SECRETARY.—The Secretary shall accept the 
conveyance of the lands described in subsection (c), and the Outer 
Hylebos tidelands property referred to in section VIII, A,l,c of the 
Settlement Agreement, subject to the terms and conditions of the 
Settlement Agreement and shall hold such lands in trust for the 
benefit of the Tribe. 
(b) CONTAMINATION.—(1) (Contamination audits and cleanup of 
settlement lands shall be carried out in accordance with the Settle-
ment Agreement and document 1 of the Technical Documents. 
(2) The Tribe shall not be liable for the cleanup costs or in any 
other manner for contamination on properties described in subsec-
tion (c) except any contamination caused by the Tribe's activities 
after conveyance of these properties to the Tribe under the terms of 
the Settlement Agreement and document 1 of the Technical Docu-
ments. 
(c) LANDS DESCRIBED.—The lands referred to in subsection (a), and 
more particularly described in the Settlement Agreement, are as 
follows: 
(1) The Blair Waterway property, comprised of approximately 
43.4 acres. 
(2) The Blair Backup property, comprised of approximately 
85.2 acres. 
(3) The Inner Hylebos property, comprised of approximately 
72.9 acres. 
25 use 1773b. 
103 STAT. 86 
PUBLIC LAW 101-41—JUNE 21, 1989 
25 u s e 1773c. 
25 use 1773d. 
(4) The Upper Hylebos property, comprised of approximately 
5.9 acres. 
(5) The Union Pacific property (Fife), comprised of a parcel of 
approximately 57 acres, and an adjoining 22-acre parcel if the 
option relating to the Union Pacific property (Fife) (as described 
in document 1 of the Technical Documents) is exercised. 
(6) The Torre property (Fife), comprised of approximately 27.4 
acres, unless the Port elects to provide the cash value of such 
property. 
(7) The Taylor Way and East-West Road properties, two prop-
erties totaling approximately 7.4 acres. 
(8) The submerged lands in the Puyallup River within the 
1873 Survey Area below the mean high water line, as provided 
in section I. B. of the Settlement Agreement. To the extent that 
the United States has title to any of the lands described in this 
subpart, then such lands shall be held by the United States in 
trust for the use and benefit of the Puyallup Tribe. 
(9) The approximately 600 acres of open space, forest, and 
cultural lands to be acquired by the Tribe with cash received 
pursuant to section I of the Settlement Agreement or other 
tribal funds. 
(d) RESERVATION STATUS.—Nothing in this Act is intended to affect 
the boundaries of the Puyallup Reservation, except that the lands 
described in subsection (c) above in paragraphs (1) through (8), and 
the Outer Hylebos tidelands property referred to in section VIII of 
the Settlement Agreement, shall have on-reservation status. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated $500,000 for the Federal share for the purchase of the 
lands referred to in subsection (c)(9). 
SEC. 5. FUTURE TRUST LANDS. 
In accepting lands in trust (other than those described in section 
4) for the Puyallup Tribe or its members, the Secretary shall 
exercise the authority provided him in section 5 of the Act of June 
18, 1934 (25 U.S.C. 465), and shall apply the standards set forth in 
part 151 of title 25, Code of Federal Regulations, as those standards 
now exist or as they may be amended in the future. 
SEC. 6. FUNDS TO MEMBERS OF PUYALLUP TRIBE. 
(a) PAYMENT TO INDIVIDUAL MEMBERS.—(1) To the extent provided 
in advance in appropriation Acts or to the extent funds are provided 
by other parties to the Settlement Agreement, the Secretary shall 
place with a financial institution the amount of $24,000,000 in an 
annuity fund or other investment program (hereafter in this subsec-
tion referred to as the "fund"). The selection of the institution or 
institutions where the funds will be held and the administration of 
the funds shall be in accordance with section II of the Settlement 
Agreement and documents 2 and 3 of the Technical Documents. 
Amounts earned pursuant to any investment of the fund shall be 
added to, and become part of, the fund. 
(2) Upon attaining the age of 21 years, each enrolled member of 
the Tribe (determined by the Tribe pursuant to its constitution to 
have been a member as of the date of ratification of the Settlement 
Agreement by the Tribe) shall receive a one-time payment from the 
fund. The amount of such payment shall be determined in accord-
ance with section II of the Settlement Agreement and document 2 of 
the Technical Documents. 
PUBLIC LAW 101-41—JUNE 21, 1989 
103 STAT. 87 
(3) A reasonable and customary fee for the administration of the 
fund may be paid out of the income earned by the fund to the 
financial institution with which the fund is established. 
(4) Upon payment to all eligible members of the Tribe pursuant to 
paragraph (2), any amount remaining in the fund shall be utilized in 
the manner determined by a vote of the members of the Tribe. 
(5) There is authorized to be appropriated $22,350,000 for the 
Federal share of the fund. 
(b) PERMANENT TRUST FUND FOR TRIBAL MEMBERS.—(1) In order to 
provide a permanent resource to enhance the ability of the Tribe to 
provide services to its members, there is established the Puyallup 
Tribe of Indians Settlement Trust Fund (hereafter in this subsection 
referred to as the "trust fund"). 
(2) Upon appropriation by Congress or to the extent funds are 
provided by other parties to the Settlement Agreement, the Sec-
retary shall deposit $22,000,000 into the trust fund. The trust fund 
shall be invested in accordance with the Act of June 24, 1938 (25 
U.S.C. 162a), so as to earn the maximum interest on principal and 
interest available under that Act. No part of the $22,000,000 prin-
cipal may be expended for any purpose. Income earned on the 
principal or interest of the trust fund shall be available for expendi-
ture as provided in paragraph (3). 
(3XA) The trust fund shall be administered and the funds shall be 
expended in accordance with section III of the Settlement Agree-
ment and document 3 of the Technical Documents. Income from the 
trust fund may be used only for the following purposes unless 
modified in accordance with subparagraph (B): 
(i) Housing. 
- 
(ii) Elderly needs. 
(iii) Burial and cemetery maintenance. 
j(^, 
(iv) Ekiucation and cultural preservation. 
3 
(v) Supplemental health care. 
fy. 
(vi) Day care. 
v 
(vii) Other social services. 
(B) The purposes of the trust fund may be modified only as 
provided in document 3 of the Technical Documents. 
(4) The fund established under this subsection shall be in perpetu-
ity and inviolate. 
(5) There is authorized to be appropriated $18,800,000 for the 
Federal share of the trust fund. 
SEC. 7. FISHERIES. 
In order to carry out the Federal part of the fisheries aspect of the 
Settlement Agreement, there is authorized to be appropriated 
$100,000 for navigation equipment at (Commencement Bay to be 
used in accordance with section A of document 4 of the Technical 
Documents. 
SEC. 8. ECONOMIC DEVELOPMENT AND LAND ACQUISITION. 
(a) ECONOMIC DEVELOPMENT AND LAND ACQUISITION FUND.—To 
the extent provided in advance in appropriation Acts, the Secretary 
shall disburse $10,000,000 to the Tribe of which— 
(1) $9,500,000 shall be available for the Tribe to carry out 
economic development consistent with section VI of the Settle-
ment Agreement or to acquire lands; and 
Appropriation 
authorization. 
Appropriation 
authorization. 
Appropriation 
authorization. 
25 use 1773e. 
25 use 1773f. 
103 STAT. 88 
PUBLIC LAW 101-41—JUNE 21, 1989 
Appropriation 
authorization. 
(2) $500,000 shall be available only to support and assist the 
development of business enterprises by members of the Tribe in 
a manner consistent with the Settlement Agreement. 
Appropriation 
There is authorized to be appropriated $10,000,000 to carry out this 
authorization. 
Subsection. 
(b) FOREIGN TRADE.—The Congress recognizes the right of the 
Tribe to engage in foreign trade consistent with Federal law and 
' 
notwithstanding article XII of the treaty with the Nisqually and 
other bands of Indians entered into on December 26, 1854, and 
accepted, ratified, and confirmed on March 3, 1855 (11 Stat. 1132). 
(c) BLAIR PROJECT.—There is authorized to be appropriated to the 
Secretary the amount of $25,500,000 for the Federal share of the 
costs associated with the Blair project, which shall be carried out in 
accordance with document 6 of the Technical Documents. For the 
purpose of this subsection, the Secretary shall transfer such amount 
to the Department of Transportation of the State of Washington. 
Such amount may only be used by the Department of Transpor-
tation of the State of Washington to carry out the Blair project in 
accordance with document 6 of the Technical Documents. Operation 
and maintenance of the Blair Waterway channel shall remain the 
responsibility of the Secretary of the Army, acting through the Chief 
of Engineers. 
25USC1773g. 
SEC. 9. JURISDICTION. 
v^^^ 
• 
The Tribe shall retain and exercise jurisdiction, and the United 
States and the State and political subdivisions thereof shall retain 
and exercise jurisdiction, as provided in the Settlement Agreement 
and Technical Documents and, where not provided therein, as other-
wise provided by Federal law. 
25 use 1773h. 
SEC. 10. MISCELLANEOUS PROVISIONS. 
I
; 
.. 
(a) LIENS AND FORFEITURES, ETC.—(1) None of the funds, assets, or 
income from the trust fund established in section 60^) which are 
received by the Tribe under the Settlement Agreement shall be 
subject to levy, execution, forfeiture, garnishment, lien, encum-
brance, or seizure. 
(2) The annuity fund, or other investment program, established 
in section 6(a) shall not be subject to levy, execution, forfeiture, 
garnishment, lien, encumbrance, or seizure. Payments from the 
fund shall be in accordance with the Act of August 2,1983 (25 U.S.C. 
117a et seq.; commonly referred to as the "Per Capita Act"). 
(b) ELIGIBILITY FOR FEDERAL PROGRAMS; TRUST RESPONSIBIUTY.— 
. ' ,:; . 
Nothing in this Act or the Settlement Agreement shall affect the 
V 
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eligibility of the Tribe or any of its members for any Federal 
program or the trust responsibility of the United States and its 
agencies to the Tribe and members of the Tribe. 
(c) PERMANENT TRUST FUND NOT COUNTED FOR CERTAIN PUR-
POSES.—None of the funds, assets, or income from the trust fund 
established in section 6(b) shall at any time be used as a basis for 
' ^ 
denying or reducing funds to the Tribe or its members under any 
Federal, State, or local program. 
(d) TAX TREATMENT OF FUNDS AND ASSETS.—None of the funds or 
assets transferred to the Tribe or its members by the Settlement 
Agreement of this Act, and none of the interest earned or income 
received on amounts in the funds established under section 6 (a) and 
(b), shall be deemed to be taxable, nor shall such transfers be taxable 
^ 
events. 
;" 
PUBLIC LAW 101-41—JUNE 21, 1989 
103 STAT. 89 
SEC. 11. ACTIONS BY THE SECRETARY. 
25 USC 17731. 
The Secretary in administering this Act shall be aware of the 
trust responsibility of the United States to the Tribe and shall take 
such actions as may be necessary or appropriate to carry out this 
Act and the Settlement Agreement. 
SEC. 12. DEFINITIONS. 
25 USC 1773J. 
For the purposes of this Act— 
(1) the term "1873 Survey Area" means the area which is 
within the area demarked by the high water line as meandered 
and the upland boundaries, £is shown on the plat map of the 
1873 Survey of the Puyallup Indian Reservation, conducted by 
the United States General Land Office, and filed in 1874; 
(2) the term "Secretary" means the Secretary of the Interior; 
(3) the term "Settlement Agreement" means the document 
entitled "Agreement between the Puyallup Tribe of Indians, 
Local Governments in Pierce County, the State of Washington, 
the United States of America, and certain private property 
owners", dated August 27,1988; 
(4) the term "State" means the State of Washington; 
(5) the term "Technical Documents" means the 7 documents 
which comprise the technical appendix to the Settlement Agree-
ment and are dated August 27,1988; 
(6) the term "Tribe" means the Puyallup Tribe of Indians, a 
tribe of Indiems recognized by the United States; 
(7) the term "below the mean high water line" in reference to 
the submerged lands of the Puyallup Riverbed means "below 
the ordinary high water mark" in that portion of the river not 
subject to tidal influence and "below the mean high water line" 
in that portion of the river which is subject to tidal influence; 
and 
(8) the term "on-reservation status" means a status under 
which Federal laws and regulations, treaty rights, and rights of 
sovereignty, which define the rights and responsibilities on 
trust or restricted lands (including rights-of-way and easements 
running through such lands within a Federal Indian reserva-
tion) apply: Provided, That such application is not inconsistent 
with any provision of the Settlement Agreement. 
103 STAT. 90 
PUBLIC LAW 101-41—JUNE 21, 1989 
25 u s e 1773a 
SEC. 13. EFFECTIVE DATE. 
"°*® 
Sections 3 and 9 shall take effect on the effective date of the 
Settlement Agreement and when all terms are met as stated under 
section X of the Settlement Agreement. 
Approved June 21, 1989. 
LEGISLATIVE HISTORY—H.R. 932: 
HOUSE REPORTS: No. 101-57 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
May 23, considered and passed House. 
May 31, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25(1989): 
June 21, Presidential statement.