HOUSE BILL REPORT
SHB 1788
As Amended by the Senate
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
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (22)
Signed by Representatives Locke, Chair; Grant, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Belcher, Bowman, Brekke, Bristow, Dorn, Ebersole, Ferguson, Hine, May, McLean, Nealey, Padden, Rust, Sayan, Spanel, Sprenkle and Wang.
House Staff:Ken Conte (786-7136)
AS PASSED HOUSE MARCH 1, 1989 AND APRIL 24, 1989
BACKGROUND:
The Puyallup Reservation and Land Claims: The Puyallup Reservation, as well as the Nisqually and Squaxin Island Reservations, were formed in 1854 under the Treaty of Medicine Creek. Under this treaty, the tribes ceded title to over 2,240,000 acres of land for a price of $32,500.
There have been a number of changes to the Puyallup Reservation over the years that have passed since the signing of the Treaty. Due to a number of factors including the passage of time and a history of lost or vague survey notes, there is a lack of clarity regarding the boundaries and status of the Reservation.
Today, 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. The land subject to Tribal claims includes 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. The total value of the agreement is $161.8 million.
Under the agreement, the Tribe relinquishes all claims to lands within the State of Washington, confirms all current public use or easements on trust land within the Puyallup Reservation, and agrees to restrict its jurisdiction to trust land.
In return for the above the Tribe will receive approximately 900 acres of land, an annuity for making one-time payments to members of the Tribe, a permanent trust fund for funding social services to Tribal members, funds for fishery enhancements, job training, and community and health services facilities.
In addition, improvements will be made to the Blair waterway and the parties to the agreement agree to consult on matters relating to fishery enhancements, land use and flood control, and law enforcement.
State Contribution: Under the Settlement Agreement, the State of Washington is to contribute $21 million. The State's contribution will be divided between (1) the permanent trust fund to be used solely for the purpose of providing social services to Tribal members, (2) fishery enhancement activities, (3) a four year job training program, (4) community and health facilities, and (5) improvements to the Blair Waterway.
In addition to the above, the State has agreed to release any claim it may have on the submerged lands of the Puyallup River within the Reservation.
SUMMARY:
State Contribution: The Settlement Agreement is approved and adopted. The State's contribution of $21 million is appropriated.
The sum of $11,715,000 is appropriated from the General Fund to the Office of the Governor for the biennium ending June 30, 1989. These monies are to be used for the following purposes: Permanent trust fund - $3,198,000; Operation and maintenance for tribal fisheries programs and facilities - $700,000; Job training and placement program - $527,000; Social and health services - $132,000; and Blair navigation project - $7,158,000.
The sum of $9,285,000 is appropriated from the State Building Construction Account to the Office of the Governor for the biennium ending June 30, 1989. These monies are to be used for the following purposes: Tribal fisheries projects - $7,235,000; Clark's creek hatchery improvements - $800,000 and Social and health facilities - $1,250,000.
The monies appropriated above are re-appropriated for the 1989 - 91 biennium less any monies that are spent during the 1987 - 89 biennium.
The monies appropriated above may be spent only after the Director of Financial Management has determined that all aspects of the agreement have been satisfied.
Title to Submerged Lands of the Puyallup River: 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.
Authorization for Local Improvement Districts: 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.
EFFECT OF SENATE AMENDMENTS: The Senate amendment is a striking amendment which deletes several sections of the House bill including the intent section, the definition section, and all appropriations. Remaining in the bill are the authorization for cities and counties to establish local improvement districts to finance the settlement of Indian land claims.
Appropriation: $11,715,000 from the General Fund to the Governor. $ 9,285,000 from the Capital Building Construction Account to the Governor.
Fiscal Note: Not Requested.
House Committee ‑ Testified For: Mike McCormick, Department of Community Development; Ed Mackie, Office of the Attorney General; Bill Sterud, President, Puyallup Tribal Council; Gabriel Landry, Member, Puyallup Tribal Council; John Ladenburg, Pierce County Prosecutor; Bob Backstein, City Attorney, City of Tacoma; David Graybill, President, Tacoma/Pierce County Chamber of Commerce; Drew Miller, Burlington Northern Inc.; Paul Veh; Robert Kavanaugh; Mary Murphy.
(Testified for with suggested amendments: Linda Bowman, Eastside Improvement Group; Dennis Reynolds, Attorney.)
House Committee - Testified Against: None Presented.
House Committee - Testimony For: The Tribe has spent much time, energy, and financial resources on this effort and recognizes the great importance of the settlement. This settlement is an historic effort to resolve conflict through negotiation and one which resolves jurisdictional questions, enhances fisheries, and will encourage economic growth. This settlement heralds a new beginning in government to government relations. It is a small amount to pay for a solution to such a long-standing dispute. The agreement resolves all issues relating to zoning - the Tribe relinquishes all claim to the authority to zone or tax on non- trust land. While no one can relinquish an individual's right to make a claim, the risks relating to individual land claims are very low. The Eastside Improvement Group could support this proposal if issues relating to title and zoning were cleared up. The bill should be amended to require that the State Attorney General defend residents who are subject to individual land claims.
House Committee - Testimony Against: None Presented.
VOTE ON FINAL PASSAGE:
Yeas 81; Absent 1; Excused 16 - April 24, 1989
Absent: Representative Wineberry
Excused: Representatives Basich, Baugher, Beck, Braddock, Chandler, Gallagher, Haugen, Inslee, Locke, Miller, Moyer, Raiter, Schmidt, Sprenkle, Walk and Zellinsky