SSB 5332 -
By Senator Rockefeller
NOT CONSIDERED 05/25/2011
Strike everything after the enacting clause and insert the following:
"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 or
diminishes 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. Nothing in this section shall in
any way expand or diminish the jurisdiction exercised by the Yakama
Nation 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."
SSB 5332 -
By Senator Rockefeller
NOT CONSIDERED 05/25/2011
On page 1, line 6 of the title, after "States;" strike the remainder of the title and insert "and adding new sections to chapter 37.12 RCW."