Page:United States Statutes at Large Volume 120.djvu/3683

 120 STAT. 3652

Effective date.

Deadline.

VerDate 14-DEC-2004

12:05 Jul 13, 2007

PUBLIC LAW 109–479—JAN. 12, 2007

any trust responsibility or liability of the United States with respect to the expenditure or investment of the monies withdrawn shall cease. (d) 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. (e) RELEASE OF OTHER TRIBES CLAIMS.— (1) RIGHT TO BRING ACTIONS.—As of the date of enactment of this section, 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). (2) CERTAIN RIGHTS GOVERNED BY THIS SECTION.—If a tribe falling within the other Tribes category opts to resolve its claims to take shellfish from covered tidelands owned or leased by the growers pursuant to subsection (c)(2)(C) of this section, that tribe’s rights shall be governed by this section, as well as by the decisions of the Courts in United States v. Washington, Civ. No. 9213. (3) 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 or other Tribes’ 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. (f) CAUSE OF ACTION.—If any payment by the United States is not paid in the amount or manner specified by this section, 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. (g) DEFINITIONS.—In this section: (1) FUND.—The term ‘‘Fund’’ means the Puget Sound Shellfish Settlement Trust Fund Account established by this section. (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 described in paragraph (6) 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

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