AN ACT Relating to
jurisdiction over Skokomish tribal lands; and amending RCW 37.12.100,
37.12.110, and 37.12.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 37.12.100 and 1988 c
108 s 1 are each amended to read as follows:
It is the intent of the
legislature to authorize a procedure for the retrocession, to the Quileute
Tribe, Chehalis Tribe, Swinomish Tribe, Skokomish Tribe, and the
Colville Confederated Tribes of Washington and the United States, of criminal
jurisdiction over Indians for acts occurring on tribal lands or allotted lands
within the Quileute, Chehalis, Swinomish, Skokomish, or Colville Indian
reservation and held in trust by the United States or subject to a restriction
against alienation imposed by the United States.
RCW 37.12.100 through
37.12.140 in no way expand the Quileute, Chehalis, Swinomish, Skokomish,
or Colville tribe's criminal or civil jurisdiction, if any, over non-Indians or
fee title property. RCW 37.12.100 through 37.12.140 shall have no effect
whatsoever on water rights, hunting and fishing rights, the established pattern
of civil jurisdiction existing on the lands of the Quileute, Chehalis, Swinomish,
Skokomish, or Colville Indian reservation, the established pattern of
regulatory jurisdiction existing on the lands of the Quileute, Chehalis,
Swinomish, Skokomish, or Colville Indian reservation, taxation, or any
other matter not specifically included within the terms of RCW 37.12.100
through 37.12.140.
Sec. 2. RCW 37.12.110 and 1988 c
108 s 2 are each amended to read as follows:
Unless the context
clearly requires otherwise, the following definitions apply throughout RCW
37.12.100 through 37.12.140:
(1) "Colville
reservation((,))" or "Colville Indian
reservation," "Quileute reservation((,))" or
"Quileute Indian reservation," "Chehalis reservation((,))"
or "Chehalis Indian reservation," "Swinomish reservation((,))"
or "Swinomish Indian reservation," or "Skokomish
reservation" or "Skokomish Indian reservation" means all
tribal lands or allotted lands lying within the reservation of the named tribe
and held in trust by the United States or subject to a restriction against
alienation imposed by the United States, but does not include those lands which
lie north of the present Colville Indian reservation which were included in
original reservation boundaries created in 1872 and which are referred to as
the "diminished reservation."
(2) "Indian
tribe," "tribe," "Colville tribes," or "Quileute,
Chehalis, ((or)) Swinomish, or Skokomish tribe" means the
confederated tribes of the Colville reservation or the tribe of the Quileute,
Chehalis, ((or)) Swinomish, or Skokomish reservation.
(3) "Tribal
court" means the trial and appellate courts of the Colville tribes or the
Quileute, Chehalis, ((or)) Swinomish, or Skokomish tribe.
Sec. 3. RCW 37.12.120 and 1988 c
108 s 3 are each amended to read as follows:
Whenever
the governor receives from the confederated tribes of the Colville reservation
or the Quileute, Chehalis, ((or)) Swinomish, or Skokomish tribe a
resolution expressing their desire for the retrocession by the state of all or
any measure of the criminal jurisdiction acquired by the state pursuant to RCW
37.12.021 over lands of that tribe's reservation, the governor may, within
ninety days, issue a proclamation retroceding to the United States the criminal
jurisdiction previously acquired by the state over such reservation. However,
the state of Washington shall retain jurisdiction as provided in RCW
37.12.010. The proclamation of retrocession shall not become effective until
it is accepted by an officer of the United States government in accordance with
25 U.S.C. Sec. 1323 (82 Stat. 78, 79) and in accordance with procedures
established by the United States for acceptance of such retrocession of
jurisdiction. The Colville tribes and the Quileute, Chehalis, ((and))
Swinomish, and Skokomish tribes shall not exercise criminal or civil
jurisdiction over non‑Indians.
