H-3537              _______________________________________________

                                                   HOUSE BILL NO. 1394

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Hargrove, Jones, Armstrong, Fuhrman, Wineberry, Bristow, Amondson, Heavey, Walk, Crane, Dellwo, Belcher and Locke

Read first time 1/15/88 and referred to Committee on Judiciary.

AN ACT Relating to retrocession of jurisdiction; amending RCW 37.12.100, 37.12.110, 37.12.120, and 37.12.140; and adding a new section to chapter 37.12 RCW.

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

        Sec. 1.  Section 2, chapter 267, Laws of 1986 and RCW 37.12.100 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 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 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 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 or Colville Indian reservation, the established pattern of regulatory jurisdiction existing on the lands of the Quileute 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.  Section 3, chapter 267, Laws of 1986 and RCW 37.12.110 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," means all tribal lands or allotted lands lying within the ((Colville Indian)) 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," ((or)) "Colville tribes," or "Quileute tribe" means the confederated tribes of the Colville reservation or the tribe of the Quileute reservation.

          (3) "Tribal court" means the trial and appellate courts of the Colville tribes or the Quileute tribe.

        Sec. 3.  Section 4, chapter 267, Laws of 1986 and RCW 37.12.120 are each amended to read as follows:

          Whenever the governor receives from the confederated tribes of the Colville reservation or the Quileute 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 ((the Colville Indian)) 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 tribe shall not exercise criminal or civil jurisdiction over non-Indians.

        Sec. 4.  Section 1, chapter 267, Laws of 1986 and RCW 37.12.140 are each amended to read as follows:

          RCW 37.12.100 through 37.12.140 may be known and cited as the ((Colville)) Indian reservation criminal jurisdiction retrocession act.

NEW SECTION. Sec. 5.  A new section is added to chapter 37.12 RCW to read as follows:

          The state of Washington hereby accepts retrocession from the United States of the jurisdiction which the United States acquired over those lands excluded from the boundaries of the Olympic National Park by 16 U.S.C. Sec. 251e.  The lands restored to the Quileute Indian Reservation by Public Law 94-578 shall be subject to the same Washington state and tribal jurisdiction as all other lands within the Quileute Reservation.