TULALIP TRIBES, WASHINGTON

SEC. 2326. TULALIP TRIBES, WASHINGTON (a) In General.—(1) The Secretary of the Navy may pay, as provided in this section, to the Tulalip Indian Tribes of the State of Washington the sum of $3,400,000. Any payment made under this section shall be made out of funds appropriated to or for the use of the Navy pursuant to section 2125(a)(1). (2) Payment under this section shall be made in accordance with the Memorandum of Agreement dated July 22, 1987, between the United States and the Tulalip Tribes of Washington, and shall be in full settlement of the claims of such tribes for loss of access to and displacement from usual and accustomed fishing grounds and stations resulting from the construction and operation of Navy homeport facilities at Everett, Washington, and to support tribal resource enhancement efforts. (b) Condition of Settlement.—(1) Payment in final settlement of the tribal claims may not be made until the Secretary of the Navy has obtained from the Tulalip Tribes a release under which the tribes waive all claims against the United States— (A) for displacement from the homeport site during any period the site is owned by the United States; and (B) for additional displacement resulting from homeport construction-related activities at Port Gardner, Washington, as provided in the Memorandum of Agreement referred to in subsection (a)(2). (2) The release referred to in paragraph (1) shall also waive any claims the Tulalip Tribes may have against the United States or any 101 STAT. 1222 successor in interest for loss of access resulting from the construction of permanent structures in connection with homeport facilities at Everett, Washington. (c) Protection of Reserved Rights.—Nothing in this section shall be construed to diminish any rights reserved to the Tulalip Tribes in the Memorandum of Understanding referred to in subsection (a)(2) with respect to claims that may arise from Navy-induced damages to fish habitat and other resources.