SENATE BILL REPORT

SB 5974

BYSenators Rasmussen, Johnson, Gaspard, von Reichbauer, Moore, Bottiger, Smitherman, Vognild, Wojahn, Zimmerman, Nelson, Owen, Benitz, Newhouse, Craswell and Deccio

Providing for right of action against state where there is an Indian claim to certain lands conveyed by deed by the state.

Senate Committee on Natural Resources

Senate Hearing Date(s):March 4, 1987

Majority Report:  Do pass and be referred to Committee on Ways & Means.

      Signed by Senators Owen, Chairman; DeJarnatt, Vice Chairman; Barr, Craswell, McDonald, Metcalf, Rasmussen.

Senate Staff:Kaleen Cottingham (786-7415)

                  March 4, 1987

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES, MARCH 4, 1987

BACKGROUND:

Currently there are several Indian land claim cases pending in federal courts in Washington:  Suquamish Tribe, Puyallup Tribe, Swinomish Tribe and the Kalispel Tribe.

These cases are based on the premise that the tidelands or beds of navigable rivers vested in the state at statehood only if not previously reserved for other purposes.  The tribes assert that the reservations were established prior to statehood and such federal reservations preclude the state from asserting ownership.

Several recent cases have held that former river bed lands within original Indian reservations are vested in a tribe rather than the state (Muckleshoot Tribe's claim to the bed of the White River and Puyallup Tribe's claim to the old river bed of the Puyallup River).  The Puyallup Tribe, in addition to the issue of the river bed is asserting that it owns the filled-in tidelands on Commencement Bay which were adjacent to its reservation.  The Swinomish Tribe is asserting a claim to the tidelands (now filled-in) on the south end of Padilla Bay over which now run railroad tracks and a natural gas pipeline.  The Suquamish Tribe claims right to approximately 12 miles of tidelands (2/3 now privately owned and developed) adjacent to the Port Madison Reservation.

If the U.S. or the tribes succeed in these actions, arguably the final liability will rest with the state for deeding land it had no right to deed.

SUMMARY:

The Legislature intends to stabilize the certainty of title on lands on which Indian land claims have been or may be asserted.

Every deed issued by the state including tidelands, former tidelands or lands lying beneath navigable waters, shall, as against claim of ownership interest by a federally recognized Indian tribe or its member, be deemed a conveyance in fee simple with all covenants of a warranty deed.  Any suit based on such covenants shall be directly against the state.

Fiscal Note:      requested

Senate Committee - Testified: Karl Anderson; Corey McFarland; Bill Short; Jim Waldo; Paul Vey; Doug Sutherland, Mayor of Tacoma; Don Anderson; Mrs. Messer