Shoalwater Bay Indian Tribe-Dexter by the Sea Claim Settlement Act
PL 98-432 (S.1735), enacted 09/28/1984

PUBLIC LAW 98-432—SEPT. 28, 1984 
98 STAT. 1671 
Public Law 98-432 
98th Congress 
An Act 
[S. 1735] 
Entitled the "Shoalwater Bay Indian Tribe—Dexter-by-the-Sea Claim Settlement 
__Sept- 28, 1984 
Act". 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Shoalwater Bay Indian Tribe—Dexter-by-the-Sea 
Claim Settlement Act". 
CONGRESSIONAL FINDINGS 
SEC. 2. The Congress finds that— 
(1) there is pending before the United States District Court for 
the Western District of Washington at Tacoma a civil action 
numbered C83-167T entitled the "Shoalwater Bay Indian Tribe, 
a federally recognized Indian tribe against Joe Amador and 
Jean Amador, et al.", which involves claims to certain privately 
held lands within the Shoalwater Bay Indian Reservation in 
Tokeland, Washington, known as Dexter-by-the-Sea and First 
Addition Dexter-by-the-Sea; 
(2) the owners of such lands derive their title from a patent 
issued by the United States Government to George N. Brown on 
August 1,1872, certificate numbered 3763; 
(3) the Shoalwater Bay Indian Reservation was established by 
Executive order of President Andrew Johnson on September 22, 
1866, and is alleged to include the lands claimed by the Shoal-
water Bay Indian Tribe in such civil action; 
(4) in its patent to George N. Brown in 1872, the United States 
failed to exempt the lands claimed by the Shoalwater Bay 
Indian Tribe in such civil action from the Shoalwater Bay 
Indian Reservation established in 1866; 
(5) since 1872, such lands have been the subject of disputes 
claiming dual chains of title in the United States as trustee for 
the Shoalwater Bay Indian Tribe and the patentee, George N. 
Brown and his successors in title, the defendants in the civil 
action; 
(6) the pendency of the civil action has placed a cloud on the 
titles held by residents of Dexter-by-the-Sea and First Addition 
Dexter-by-the-Sea rendering their property essentially unmar-
ketable; and 
(7) a legislative resolution of such civil action is appropriate 
because the United States Government is responsible for the 
failure to except the land now known as Dexter-by-the-Sea and 
First Addition Dexter-by-the-Sea from the patent to George N. 
Brown in 1872. 
SEC. 3. Upon receipt of the funds to be paid from the Treasury of 
the United States under section 4 of this Act: 
(a) All rights, title, and interests of the Shoalwater Bay Indian 
Tribe, in, and claims to, the lands which are located within the 
State of Washington in the westerly portion of Government lot 
Shoalwater Bay 
Indian Tribe— 
Dexter-by-the-
Sea Claim 
Settlement Act. 
Tokeland, Wash. 
Private lands. 
Patent. 
98 STAT. 1672 
PUBLIC LAW 98-432—SEPT. 28, 1984 
Prohibition. 
Audit. 
Public 
availability. 
Funds. 
1 in section 11, township 14N, range IIW, W.N., that are the 
subject of the civil action referred to in section 2(1) of this Act 
and are known as Dexter-by-the-Sea Subdivision and First Addi-
tion to Dexter-by-the-Sea Subdivision, shall be extinguished. 
(b) The lands described in subsection (a) shall not be consid-
ered to be within the exterior boundaries of the Shoalwater Bay 
Indian Reservation. Except to the extent provided in the preced-
ing sentence, the exterior boundaries of such reservation shall 
not be affected by the provisions of this Act. 
(c) The validity of the patent issued by the United States on 
August 1, 1872, to George N. Brown, certificate numbered 3763, 
shall be ratified. 
SEC. 4. (a)(1) If the requirements of subsection (b) of this section 
are met, the Secretary of the Treasury is authorized and directed in 
fiscal year 1985 to pay, out of funds in the Treasury of the United 
States not otherwise appropriated, $1,115,000 directly to the Shoal-
water Bay Indian Tribe. 
(2) The funds described in paragraph (1) shall be paid by the 
Secretary of the Treasury in full settlement of all claims of the 
Shoalwater Bay Indian Tribe, and of any other party to such civil 
action described in section 2(1), which arise by reason of the issuance 
of the patent described in section 3(c). 
(b) The requirements of this subsection are met if— 
(1) the governing body of the Shoalwater Bay Indian Tribe 
adopts a resolution which— 
(A) authorizes the execution by an officer or official of 
such tribe of documents as the Secretary of the Interior 
determines to be necessary to settle the claims described in 
subsection (a)(2), 
(B) waives all rights and claims of such tribe against the 
United States, and against any other person, which arise by 
reason of the issuance of the patent described in section 
3(c), and 
(C) is approved by the Secretary of the Interior, and 
(2) a final order is entered in the civil action described in 
section 2(1) which dismisses with prejudice all claims, cross-
claims, counterclaims, third-party claims, and all other claims 
arising out of such civil action. 
(c) None of the funds paid to the Shoalwater Bay Indian Tribe 
under subsection (a)(1) shall be used to make any per capita distribu-
tion to members of such tribe. 
SEC. 6. (a) The Shoalwater Bay Indian Tribe is authorized to utilize 
the funds paid to the tribe under provisions of this Act for any 
purpose authorized by ordinance or resolution of the tribe, including 
investment for economic development purposes. 
(b) The tribe shall maintain a segregated accounting system for all 
principal and income from such funds and shall cause an annual 
audit to be conducted by an independent certified public accountant. 
The results of such audit shall be made available for inspection by 
any enrolled member of the tribe and shall be made available to the 
Secretary of the Interior. 
(c) Except as otherwise provided in this section, funds held and 
administered by the Shoalwater Bay Indian Tribe which are the 
subject of this Act, and income derived therefrom, shall be treated in 
the same fashion as if held in trust by the Secretary of the Interior: 
Provided, That nothing in this Act shall be construed as requiring 
PUBLIC LAW 98-432—SEPT. 28, 1984 
98 STAT. 1673 
that the Secretary of the Interior give any prior approval to invest-
ment or expenditure of these funds. 
(d) Upon payment of the funds to the Shoalwater Bay Indian Funds. 
Tribe, the Secretary of the Interior shall have no trust responsibility 
for the investment, supervision, administration, or expenditure of 
such funds. 
(e) None of the funds or income therefrom distributed under this Taxes. 
Act shall be subject to Federal or State income taxes or be consid-
ered as income or resources in determining eligibility for or the 
amount of assistance under the Social Security Act or any other 42 use 1305. 
federally assisted program. 
Approved September 28, 1984. 
LEGISLATIVE HISTORY—S. 1735 (H.R. 5714): 
HOUSE REPORT No. 98-990 accompanying H.R. 5714 (Comm. on Interior and Insular 
Affairs). 
SENATE REPORT No. 98-439 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
May 24, considered and passed Senate. 
Sept. 11, H.R. 5714 considered and passed House; S. 1735 considered and passed 
House. 
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