[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6119 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6119

 To provide for the equitable settlement of claims of Indian tribes in 
 the region of Puget Sound, Washington regarding treaty rights to take 
      shellfish from lands in that region, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2006

  Mr. Dicks introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the equitable settlement of claims of Indian tribes in 
 the region of Puget Sound, Washington regarding treaty rights to take 
      shellfish from lands in that region, 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 ``Puget Sound Regional Shellfish 
Settlement Act of 2006''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Tribes have established treaty rights to take 
        shellfish from public and private tidelands in Washington 
        State, including from some lands owned, leased, or otherwise 
        subject to harvest by commercial shellfish Growers;
            (2) the district court that adjudicated the Tribes' treaty 
        rights to take shellfish found that the Growers are innocent 
        purchasers who had no notice of the Tribes' fishing right when 
        they acquired their properties;
            (3) numerous unresolved issues remain outstanding regarding 
        implementation of the Tribes' treaty right to take shellfish 
        from lands owned, leased, or otherwise subject to harvest by 
        the Growers;
            (4) the Tribes, the Growers, the State of Washington, and 
        the United States Department of the Interior have resolved by a 
        Settlement Agreement many of the disputes between and among 
        them regarding implementation of the Tribes' treaty right to 
        take shellfish from covered tidelands owned or leased by the 
        Growers;
            (5) the Settlement Agreement does not provide for 
        resolution of any claims to take shellfish from lands owned or 
        leased by the Growers that potentially may be brought in the 
        future by ``Other Tribes'';
            (6) in the absence of congressional actions, the prospect 
        of ``Other Tribes'' claims to take shellfish from lands owned 
        or leased by the Growers could be pursued through the courts, a 
        process which in all likelihood could consume many years and 
        thereby promote uncertainty in the State of Washington and the 
        Growers and to the ultimate detriment of both the Tribes and 
        Other Tribes and their members;
            (7) in order to avoid this uncertainty, it is the intent of 
        Congress that Other Tribes have the option of resolving their 
        claims, if any, to a treaty right to take shellfish from 
        covered tidelands owned or leased by the Growers; and
            (8) this Act represents a good faith effort on the part of 
        Congress to extend to Other Tribes the same fair and just 
        option of resolving their claims to take shellfish from covered 
        tidelands owned or leased by the Growers that the Tribes have 
        agreed to in the Settlement Agreement.
    (b) Purpose.--The purposes of this Act are--
            (1) to approve, ratify, and confirm the Settlement 
        Agreement entered into by and among the Tribes, commercial 
        shellfish growers, the State of Washington and the United 
        States on _____, 2006;
            (2) to provide Other Tribes with a fair and just resolution 
        of any claims to take shellfish from ``covered tidelands'', as 
        that term is defined in the Settlement Agreement, that 
        potentially could be brought in the future by Other Tribes; and
            (3) to authorize the Secretary to implement the terms and 
        conditions of the Settlement Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Puget Sound 
        Shellfish Settlement Trust Fund Account established by this 
        Act.
            (2) Growers.--The term ``Growers'' means Taylor United, 
        Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric 
        E. Lindsay; Minterbrook Oyster Company; Charles and Willa 
        Murray; Skookum Bay Oyster Company; J & G Gunstone Clams, Inc.; 
        and all persons who qualify as ``growers'' in accordance with 
        and pursuant to the Settlement Agreement.
            (3) Other tribes.--The term ``Other Tribes'' means any 
        federally recognized Indian nation or tribe other than the 
        Tribes defined by this section that, within 20 years after the 
        deposit of funds in the Special Holding Account, establishes a 
        legally enforceable treaty right to take shellfish from covered 
        tidelands described in the Settlement Agreement, owned, leased 
        or otherwise subject to harvest by those persons or entities 
        that qualify as Growers.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Settlement agreement.--The term ``Settlement 
        Agreement'' means the Settlement Agreement entered into by and 
        between the Tribes, commercial shellfish Growers, the State of 
        Washington and the United States, signed on _________, 2006, to 
        resolve certain disputes between and among them regarding 
        implementation of the Tribes' treaty right to take shellfish 
        from certain covered tidelands owned, leased or otherwise 
        subject to harvest by the Growers.
            (6) Tribes.--The term ``Tribes'' means the following 
        federally recognized Tribes that executed the Settlement 
        Agreement: Tulalip, Stillaguamish, Sauk Suiattle, Puyallup, 
        Squaxin Island, Makah, Muckleshoot, Upper Skagit, Nooksack, 
        Nisqually, Skokomish, Port Gamble S'Klallam, Lower Elwha 
        Klallam, Jamestown S'Klallam, and Suquamish Tribes, the Lummi 
        Nation, and the Swinomish Indian Tribal Community.
            (7) Special holding account.--The term ``Special Holding 
        Account'' means the Puget Sound Shellfish Settlement Special 
        Holding Account established by this Act.

SEC. 4. APPROVAL OF SETTLEMENT AGREEMENT.

    (a) In General.--The Settlement Agreement is hereby approved, 
ratified, and confirmed, and section 6 of the Settlement Agreement, 
Release of Claims, is specifically adopted and incorporated into this 
Act as if fully set forth herein.
    (b) Authorization for Implementation.--The Secretary is hereby 
authorized to implement the terms and conditions of the Settlement 
Agreement in accordance with the Settlement Agreement and this Act.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated the sum of $23,500,000 to 
carry out this Act as follows:
            (1) $2,000,000 for fiscal year 2007.
            (2) $5,000,000 for each of fiscal years 2008 through 2010.
            (3) $6,500,000 for fiscal year 2011.

SEC. 6. FUND, SPECIAL HOLDING ACCOUNT, AND CONDITIONS.

    (a) Puget Sound Regional Shellfish Settlement Trust Fund.--
            (1) There is hereby established in the Treasury of the 
        United States an account to be designated as the ``Puget Sound 
        Regional Shellfish Settlement Trust Fund''. The Secretary shall 
        deposit funds in the amount of $22,000,000 at such time as 
        appropriated pursuant to section 5 into the Fund.
            (2) The Fund shall be maintained and invested by the 
        Secretary of the Interior pursuant to the Act of June 24, 1938 
        as amended (25 U.S.C. 162a) until such time that all monies are 
        transferred from the Fund.
            (3) The Secretary shall transfer monies held in the Fund to 
        each Tribe of the Tribes in the amounts and manner specified by 
        and in accordance with the payment agreement established 
        pursuant to the Settlement Agreement and this Act.
    (b) Puget Sound Regional Shellfish Settlement Special Holding 
Account.--
            (1) There is hereby established in the Treasury of the 
        United States a fund to be designated as the ``Puget Sound 
        Regional Shellfish Settlement Special Holding Account''. The 
        Secretary shall deposit funds in the amount of $1,500,000 into 
        the Special Holding Account in fiscal year 2011 at such time as 
        appropriated pursuant to section 5.
            (2) The Special Holding Account shall be maintained and 
        invested by the Secretary of the Interior pursuant to the Act 
        of June 24, 1938 as amended (25 U.S.C. 162a) until such time 
        that all monies are transferred from the Special Holding 
        Account.
            (3) If a court of competent jurisdiction renders a final 
        decision declaring that any of the Other Tribes has an 
        established treaty right to take or harvest shellfish in 
        covered tidelands, as that term is defined in the Settlement 
        Agreement, and such tribe opts to accept a share of the Special 
        Holding Account, rather than litigate this claim against the 
        Growers, the Secretary shall transfer the appropriate share of 
        the monies held in the Special Holding Account to each such 
        tribe of the Other Tribes in the amounts appropriate to 
        compensate the Other Tribes in the same manner and for the same 
        purposes as the Tribes who are signatory to the Settlement 
        Agreement. Such a transfer to a tribe shall constitute full and 
        complete satisfaction of that tribe's claims to shellfish on 
        the covered tidelands.
            (4) The Secretary may retain such amounts of the Special 
        Holding Account as necessary to provide for additional tribes 
        that may judicially establish their rights to take shellfish in 
        the covered tidelands within the term of that Account, provided 
        that the Secretary pays the remaining balance to the Other 
        Tribes prior to the expiration of the term of the Special 
        Holding Account.
            (5) The Tribes shall have no interest, possessory or 
        otherwise, in the Special Holding Account.
            (6) Twenty years after the deposit of funds into the 
        Special Holding Account, the Secretary shall close the Account 
        and transfer the balance of any funds held in the Special 
        Holding Account at that time to the Treasury. However, the 
        Secretary may continue to maintain the Special Holding Account 
        in order to resolve the claim of an Other Tribe that has 
        notified the Secretary in writing within the 20-year term of 
        that Tribe's interest in resolving its claim in the manner 
        provided for in this Act.
            (7) It is the intent of Congress that the Other Tribes, if 
        any, shall have the option of agreeing to similar rights and 
        responsibilities as the Tribes that are signatories to the 
        Settlement Agreement, if they opt not to litigate against the 
        Growers.
    (c) Annual Report.--Each tribe of the Tribes, or any of the Other 
Tribes accepting a settlement of its claims to shellfish on covered 
lands pursuant to (b)(3), shall submit to the Secretary an annual 
report that describes all expenditures made with monies withdrawn from 
the Fund or Special Holding Account during the year covered by the 
report.
    (d) Judicial and Administrative Action.--The Secretary may take 
judicial or administrative action to ensure that any monies withdrawn 
from the Fund or Special Holding Account are used in accordance with 
the purposes described in the Settlement Agreement and this Act.
    (e) Clarification of Trust Responsibility.--Beginning on the date 
that monies are transferred to a tribe of the Tribes or a tribe of the 
Other Tribes pursuant to this Act, any trust responsibility or 
liability of the United States with respect to the expenditure or 
investment of the monies withdrawn shall cease.

SEC. 7. STATE OF WASHINGTON PAYMENT.

    The Secretary shall not be accountable for nor incur any liability 
for the collection, deposit, management or nonpayment of the State of 
Washington payment of $11,000,000 to the Tribes pursuant to the 
Settlement Agreement.

SEC. 8. RELEASE OF OTHER TRIBES CLAIMS.

    (a) Right to Bring Actions.--As of the date of enactment of this 
Act, all right of any Other Tribes to bring an action to enforce or 
exercise its treaty rights to take shellfish from public and private 
tidelands in Washington State, including from some lands owned, leased, 
or otherwise subject to harvest by any and all Growers shall be 
determined in accordance with the decisions of the Courts of the United 
States in United States v. Washington, Civ. No. 9213 (Western District 
of Washington).
    (b) Certain Rights Governed by This Act.--If a tribe falling within 
the category Other Tribes opts to resolve its claims to take shellfish 
from covered tidelands owned or leased by the Growers pursuant to 
section 6(b)(3) of this Act, that tribe's rights shall be governed by 
this Act, as well as by the decisions of the Courts in United States v. 
Washington, Civ. No. 9213.
    (c) No Breach of Trust.--Notwithstanding whether the United States 
has a duty to initiate such an action, the failure or declination by 
the United States to initiate any action to enforce any Other Tribe(s) 
treaty rights to take shellfish from public and private tidelands in 
Washington State, including from covered tidelands owned, leased, or 
otherwise subject to harvest by any and all Growers shall not 
constitute a breach of trust by the United States or be compensable to 
Other Tribes.

SEC. 9. CAUSE OF ACTION.

    If any payment by the United States is not paid in the amount or 
manner specified by this Act, or is not paid within 6 months after the 
date specified by the Settlement Agreement, such failure shall give 
rise to a cause of action by the Tribes either individually or 
collectively against the United States for money damages for the amount 
authorized but not paid to the Tribes, and the Tribes, either 
individually or collectively, are authorized to bring an action against 
the United States in the United States Court of Federal Claims for such 
funds plus interest.
                                 <all>