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                                  ENGROSSED SUBSTITUTE HOUSE BILL NO. 495

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                                                                          C 267 L 86 PV

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.     Sections 1 through 6 of 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 a procedure for 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.

          Sections 1 through 6 of this act in no way expand the Colville tribe's criminal or civil jurisdiction, if any, over non-Indians or fee title property.  Sections 1 through 6 of 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 sections 1 through 6 of this act.

NEW SECTION. Sec. 3.     Unless the context clearly requires otherwise, the following definitions apply throughout sections 1 through 6 of this act:

          (1) "Colville reservation," or "Colville Indian reservation," means all tribal lands or allotted lands lying 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, but does not include those lands which lie north of the present reservation which were included in original reservation boundaries created in 1872 and which are referred to as the "diminished 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 confederated tribes of the Colville reservation 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 section 5, chapter 36, Laws of 1963 over lands of the Colville Indian 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 shall not exercise criminal or civil jurisdiction over non-Indians.

NEW SECTION. Sec. 5.     The confederated tribes of the Colville reservation may express their desire under section 4 of this act only by a resolution approved by a majority vote of the enrolled adult members of the tribes voting at the next general tribal election.

NEW SECTION. Sec. 6.     An action or proceeding which has been filed with any court or agency of the state or local government preceding the effective date of retrocession of jurisdiction under sections 1 through 6 of this act shall not abate by reason of the retrocession or determination of jurisdiction.

NEW SECTION. Sec. 7.     Sections 1 through 6 of this act are each added to chapter 37.12 RCW.

NEW SECTION. Sec. 8.     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.

                                                                                                                          Passed the House March 11, 1986.

                                                                                                                                         Speaker of the House.

                                                                                                                          Passed the Senate March 10, 1986.

                                                                                                                                       President of the Senate.