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, Tulalip Tribes,
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, Tulalip,
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, Tulalip,
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, Tulalip, or Colville Indian reservation, the
established pattern of regulatory jurisdiction existing on the lands of the
Quileute, Chehalis, Swinomish, Skokomish, Tulalip, 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 "Tulalip reservation" or "Tulalip 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 Tulalip tribe"
means the confederated tribes of the Colville reservation or the tribe of the
Quileute, Chehalis, Swinomish, ((or)) Skokomish, or Tulalip
reservation.
(3) "Tribal
court" means the trial and appellate courts of the Colville tribes or the
Quileute, Chehalis, Swinomish, ((or)) Skokomish, or Tulalip
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 Tulalip
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 Tulalip tribes shall not exercise criminal or civil
jurisdiction over non‑Indians.
