FINAL BILL REPORT

SHB 1788

                                  C 4 L 89 E1

BYHouse Committee on Appropriations (originally sponsored by Representatives Wang, Brough, Ebersole, Walker, Walk, Tate, R. Fisher, Winsley, Locke, Dorn, R. Meyers, Dellwo, Pruitt, Belcher, Crane, Rasmussen and Schoon; by request of Department of Community Development)

Pertaining to the Puyallup tribe of Indians' land claims.

House Committe on Appropriations

Senate Committee on Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

The Puyallup Reservation and Land Claims:  The Puyallup Reservation was formed in 1854 under the Treaty of Medicine Creek.  Due in part to including the passage of time and a history of lost or vague survey notes, the actual boundaries of the Reservation, ownership of the property within the Reservation, and jurisdictional matters relating to the Reservation are all issues of great dispute.  A great deal of land in Pierce County is subject to Tribal claims, including portions of downtown Tacoma, most of the Port of Tacoma, the former riverbed of the Puyallup River, part of the city of Fife, and the tidelands of Commencement Bay.

In 1981 the Puyallup Tribe won a lawsuit claiming title to two parcels of land that are part of the former bed of the Puyallup River.  In 1984, the Tribe filed a quiet title action against the Port of Tacoma and the Union Pacific Railroad Company claiming ownership of tidelands in Commencement Bay.  This suit led to four years of negotiations which have resulted in the "Settlement Agreement" approved by the members of the Puyallup Tribe in August 1988.

Settlement Agreement:  The Settlement Agreement is a comprehensive agreement between the Puyallup Tribe, the federal government, the State of Washington, local governments in Pierce County, and private property owners.

Under the agreement, the Tribe will relinquish all claims to lands within the State of Washington, confirm all current public use or easements on trust land within the Puyallup Reservation, and agree to restrict its jurisdiction to land held in trust by the federal government for the Tribe.

In return for these concessions the Tribe will receive approximately 900 acres of land, an annuity to make one-time payments to members of the Tribe, a permanent trust fund for funding social services to Tribal members, and funds for fishery enhancements, job training, and community and health services facilities.  Improvements will be made to the Blair waterway and the parties have agreed to consult on matters relating to fishery enhancements, land use and flood control, and law enforcement.  Finally, the State will release any claim it may have on the submerged lands of the Puyallup River within the Reservation.

The total value of the agreement is $161.8 million.  Of this total, Washington State has agreed to contribute $21 million, the federal government $77.2 million, local governments in Pierce County $52 million, and the private sector $11.4 million.

The private parties to the agreement have advocated for the use of local improvement districts to finance their obligations under the settlement agreement.  Local governments do not have statutory authority in order to establish local improvement districts for this purpose.

SUMMARY:

The Governor is authorized to relinquish any claim the State may have to title of the submerged lands of the Puyallup River within the boundaries of the 1873 survey area.

Cities and Counties are authorized to establish local improvement districts for the purposes of paying all or a portion of the settlement costs of resolving Indian claims.

VOTES ON FINAL PASSAGE:

      House 98   0

First Special Session

      House 81   0

      Senate    35    10 (Senate amended)

      House 95   0 (House concurred)

EFFECTIVE:August 9, 1989