AN ACT
Relating to retrocession of criminal jurisdiction; 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 1994 c 12 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, Muckleshoot
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, Muckleshoot,
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, Muckleshoot, 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, Muckleshoot, or
Colville Indian reservation, the established pattern of regulatory jurisdiction
existing on the lands of the Quileute, Chehalis, Swinomish, Skokomish, Muckleshoot,
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 1994 c 12 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," or "Muckleshoot reservation" or
"Muckleshoot 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, Swinomish, ((or)) Skokomish, or Muckleshoot
tribe" means the confederated tribes of the Colville reservation or the
tribe of the Quileute, Chehalis, Swinomish, ((or)) Skokomish, or
Muckleshoot reservation.
(3)
"Tribal court" means the trial and appellate courts of the Colville
tribes or the Quileute, Chehalis, Swinomish, ((or)) Skokomish, or
Muckleshoot tribe.
Sec.
3. RCW
37.12.120 and 1994 c 12 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, Swinomish, ((or)) Skokomish, or
Muckleshoot 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, Swinomish, ((and)) Skokomish, and Muckleshoot tribes
shall not exercise criminal or civil jurisdiction over non‑Indians.
