BILL REQ. #:  S-1400.1 

READ FIRST TIME 02/15/11.   

     AN ACT Relating to authorizing a procedure for the retrocession to the United States of civil jurisdiction over Indians for acts occurring on tribal lands or allotted lands within the Confederated Tribes and Bands of the Yakama Nation and held in trust by the United States or subject to a restriction against alienation imposed by the United States; and adding new sections to chapter 37.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 37.12 RCW to read as follows:
     (1) It is the intent of the legislature to authorize a procedure for the retrocession, to the Yakama Nation of Washington and to the United States, of civil jurisdiction over Indians for acts occurring on tribal lands or allotted lands within the Yakama Nation Indian reservation and held in trust by the United States or subject to a restriction against alienation imposed by the United States.
     (2) This section and section 2 of this act in no way expands the Yakama Nation's criminal or civil jurisdiction, if any, over non-Indians or fee title property. This section and section 2 of this act has no effect whatsoever on water rights, hunting and fishing rights, the established pattern of regulatory jurisdiction existing on the lands of the Yakama Nation Indian reservation, taxation, or any other matter not specifically included within the terms of this section or section 2 of this act.
     (3) For the purposes of this section, "Yakama Nation" has the same meaning as provided in section 2 of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 37.12 RCW to read as follows:
     (1) To initiate a request for retrocession of civil jurisdiction to the United States, the Yakama Nation must submit to the governor a resolution expressing their desire for the retrocession by the state of all or any measure of the civil jurisdiction acquired by the state over Indians for acts occurring on tribal lands or allotted lands within the Yakama Nation Indian reservation and held in trust by the United States or subject to a restriction against alienation imposed by the United States.
     (2) Whenever the governor receives a resolution requesting retrocession under this section, the governor may, within ninety days or within any extension of this period as allowed under subsection (4) of this section, issue a proclamation retroceding to the United States the civil jurisdiction previously acquired by the state over such reservation if the governor determines that retrocession is in the best interests of the public.
     (3) When determining whether or not to issue a proclamation under this section, the governor must:
     (a) Request a government-to-government consultation with the Yakama Nation to discuss the request for retrocession; the Yakama Nation's interest in the United States accepting retrocession; and the Yakama Nation's plan for managing, along with the United States government, the areas of civil jurisdiction identified in the resolution;
     (b) Consider the interests of nontribal entities located within the boundaries of the Indian reservation and the public interests of local areas adjacent to the Indian reservation; and
     (c) In concert with the Yakama Nation, develop sufficient mutual understanding through agreed protocols or memoranda to support continued government-to-government communication and cooperation regarding the management of civil matters.
     (4) In lieu of declining to issue a proclamation at the end of the ninety-day period, the governor may extend the period to further pursue the activities described in subsection (3) of this section for up to an additional ninety days. At the end of the first extension period, the governor must decide whether or not to issue a proclamation, unless by mutual agreement the governor and the Yakama Nation agree to a second extension period of up to an additional ninety days. At the end of the first extension period, or the end of any second extension period mutually agreed upon, whichever is later, the governor must notify the Yakama Nation and the legislature of his or her decision and may request a meeting with the Yakama Nation's leaders and the legislature to discuss the decision.
     (5) Nothing in this section prevents the Yakama Nation from submitting a subsequent resolution under this section after the governor has issued a decision under subsection (4) of this section.
     (6) The proclamation of retrocession becomes effective only when 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 civil jurisdiction. The Yakama Nation shall not exercise criminal or civil jurisdiction over non-Indians.
     (7) An action or proceeding which has been filed with any court or agency of the state or local government preceding the effective date of the retrocession of civil jurisdiction under this act shall not abate by reason of the retrocession or determination of jurisdiction.
     (8) For the purposes of this section and section 1 of this act, "Yakama Nation" means "the federally recognized Confederated Tribes and Bands of the Yakama Nation."

NEW SECTION.  Sec. 3   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.