Memorandum of Understanding Between Jefferson County, WA and the Quinault IndianNation re: developing a cooperative approach to the regulation of development for lands located within the Quinault Reservation.
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DOCUMENT: QINJCMOU.TXT
MEMORANDUM OF UNDERSTANDING
BETWEEN
JEFFERSON COUNTY AND THE QUINAULT INDIAN NATION
WHEREAS, Jefferson County and the Quinault Indian
Nation desire to develop and maintain a cooperative approach
to the regulation of development for lands located within
the Quinault Indian Reservation; and,
WHEREAS, on June 29, 1989, the United States Supreme
Court announced a decision in Brendale vs Confederated
Tribes and Bands of the Yakima Indian Nation in which the
Court held that in certain circumstances the Yakima Indian
Nation possess the authority to regulate the use of non-
Indian owned fee land located within its reservation and
under certain circumstances the Yakima Nation has lost such
authority; and,
WHEREAS, the Court's decision affirms exclusive tribal
control over Indian owned and trust lands located within
Indian reservations; and
WHEREAS, lands located within the Quinault Indian
reservation are not specifically addressed or included in
the Jefferson County Comprehensive Plan adopted in 1979;
and,
WHEREAS, in order to provide comprehensive regulation
of development of land located within the Quinault Indian
Reservation, there is a need for a consistency and certainty
in the application of development controls regardless of
ownership; and
WHEREAS, Jefferson county and the Quinault Indian
Nation find that the Brendale decision has created a need
for immediate action while the County and Tribe review land
use policy and regulatory authority over fee land within the
Quinault Indian Reservation;
NOW, THEREFORE BE IT RESOLVED, the Quinault Indian
Nation and Jefferson County mutually agree as follows:
1. The County and Tribe agree to establish a joint
working group to:
a. Conduct further review of the Supreme Court's
decision in light of the circumstances existing
within the Quinault Indian Reservation;
b. Prepare recommendations for a cooperative long
term agreement governing regulatory authority
[over (insert)] the use of non-Indian owned fee
land located within the Quinault Indian
Reservation for consideration by the Board of
County Commissioners and the Quinault Business
Committee;
c. Review existing County and Tribal development
guidelines and regulations to identify areas of
potential conflict and prepare recommendations
for resolution of such areas of conflict;
d. Review existing County and Tribal development
guidelines and regulations to identify areas for
improvement and prepare recommendations for
improvement.
2. The County and Tribe agree to invite Grays Harbor
County to participate in this Memorandum Of
Understanding and the Joint Working Group.
3. Jefferson County agrees, pending the report of the
Joint Working Group, that they will refer applicants
for building, subdivision, and other development
approval to the Quinault Indian Nation for action.
[prior to exercising jurisdiction over development
applications. (strike-out)]
BE IT FINALLY RESOLVED, that this memorandum of
understanding shall expire one hundred and eighty (180) days
from the date of signing or upon completion of the joint
planning effort, outlined in #1 above, whichever comes
first.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
[signed]
George C. Brown, Chairman
[signed]
Larry W. Dennison, Member
[signed]
B.G. Brown, Member
Signed this 12th Day of September, 1989
[signed]
Joseph B. DeLaCruz, President
Quinault Indian Nation
Signed this 4th Day of December, 1989
APPROVED AS TO FORM:
[signed]
John Raymond, Prosecuting Attorney
Q U I N A U L T I N D I A N N A T I O N
RESOLUTION NO. 89-33-67
MEMORANDUM OF UNDERSTANDING BETWEEN THE
QUINAULT INDIAN NATION AND JEFFERSON COUNTY
WHEREAS, the Quinault Business Committee is the duly
constituted governing body of the Quinault Indian Nation,
the governing tribe of the Quinault Indian Reservation; and
WHEREAS, on June 29, 1989, the United States Supreme
Court announced a decision in Brendale v. Confederated
Tribes and Bands of the Yakima Indian Nation in which the
Court held that in certain circumstances the Yakima Indian
Nation possesses authority to regulate the use of non-Indian
owned fee land located within its reservation and under
certain circumstances the Yakima Nation has lost such
authority; and
WHEREAS, there is a need for review of County and
Tribal land use policy and regulatory authority over fee
land within the Quinault Indian Reservation; now
THEREFORE, BE IT RESOLVED, that the Quinault Indian
Nation approves the accompanying Memorandum of Understanding
Between Jefferson County and the Quinault Indian Nation with
the revisions indicated in paragraphs 1(b) and 3.
[signed]
Joe DeLaCruz, President
Quinault Indian Nation
CERTIFICATION
AS SECRETARY OF THE QUINAULT BUSINESS COMMITTEE, I HEREBY
CERTIFY THAT THE FOREGOING RESOLUTION WAS ADOPTED BY SPECIAL
VOTE OF THE QUINAULT BUSINESS COMMITTEE ON DECEMBER 4, 1989,
BY A VOTE OF 6 FOR, 0 AGAINST, AND 0 ABSTAINING.
[signed]
Pauline K. Capoeman, Secretary
Quinault Business Committee
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