text: 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.
target: 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.
feat_title: 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.