Puget Sound Regional Shellfish Settlement Act of 2006 - Approves, ratifies, and confirms the Settlement Agreement entered into by and between specified Indian tribes in the region of Puget Sound, Washington, commercial shellfish growers, the state of Washington, and the United States to resolve certain disputes regarding implementation of tribal treaty rights to take shellfish from certain covered tidelands owned, leased or otherwise subject to harvest by the growers.
Establishes in the Treasury the Puget Sound Regional Shellfish Settlement Trust Fund and the Puget Sound Regional Shellfish Settlement Special Holding Account.
Declares that the Secretary of the Interior shall not be accountable for nor incur any liability for the collection, deposit, management, or nonpayment of a specified state of Washington payment to the tribes pursuant to the Settlement Agreement.
Declares that all right of any other tribe, within 20 years after the deposit of funds in the Special Holding Account, to bring an action to enforce or exercise its treaty rights to take shellfish from public and private tidelands in Washington, including from some lands owned, leased, or otherwise subject to harvest by any and all commercial growers, shall be determined in accordance with the decisions of federal courts in United States v. Washington.
Provides that if any payment by the United States is not paid in the amount or manner specified by this Act, or is not paid within six months after the date specified by the Settlement Agreement, such failure shall give rise to a cause of action by the tribes against the United States. Authorizes the tribes to bring such an action in the U.S. Court of Federal Claims.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Executive Comment Requested from Interior.
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