_______________________________________________
ENGROSSED SUBSTITUTE HOUSE BILL NO. 495
_______________________________________________
State of Washington 49th Legislature 1985 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Dellwo, Armstrong, Lewis, Scott, Tilly, Locke, Niemi, Lux, Hargrove and Belcher)
Read first time 3/6/85 and passed to Committee on Rules.
AN ACT Relating to the health, safety, and welfare of the confederated tribes of the Colville reservation; authorizing retrocession of jurisdiction over Indian lands; and adding new sections to chapter 37.12 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This act may be known and cited as the Colville Indian reservation criminal jurisdiction retrocession act.
NEW SECTION. Sec. 2. It is the intent of the legislature to authorize the retrocession, to 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 Colville Indian reservation and held in trust by the United States or subject to a restriction against alienation imposed by the United States.
This act in no way expands the Colville tribe's criminal or civil jurisdiction, if any, over non-Indians or fee title property. This act shall have no effect whatsoever on water rights, hunting and fishing rights, the established pattern of civil jurisdiction existing on the lands of the Colville Indian reservation, the established pattern of regulatory jurisdiction existing on the lands of the Colville Indian reservation, taxation, or any other matter not specifically included within the terms of this act.
NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the following definitions shall apply throughout sections 1 through 5 of this act:
(1) "Colville reservation," or "Colville Indian reservation," means all lands lying within the Colville Indian reservation.
(2) "Indian tribe," "tribe," or "Colville tribes" means the confederated tribes of the Colville reservation.
(3) "Tribal court" means the trial and appellate courts of the Colville tribes.
NEW SECTION. Sec. 4. Whenever the governor receives from the business council of the confederated tribes of the Colville reservation a resolution expressing its desire for the retrocession by the state of all or any measure of the criminal jurisdiction acquired by the state pursuant to section 5, chapter 36, Laws of 1963 over lands of the Colville Indian reservation, the governor shall, 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. This act shall not authorize any criminal or civil jurisdiction over non-Indians.
NEW SECTION. Sec. 5. An action or proceeding pending before any court or agency of the state immediately preceding the retrocession of jurisdiction under sections 1 through 5 of this act shall not abate by reason of the retrocession or determination of jurisdiction. For the purposes of any such action or proceeding, the reacquisition or determination of jurisdiction shall take effect on the day following the final determination of the action or proceeding.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act are each added to chapter 37.12 RCW.
NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.