SENATE BILL REPORT

ESB 5734

BYSenators von Reichbauer, Gaspard, Johnson, Wojahn, Madsen, Smitherman and Rasmussen; by request of Department of Community Development

Settling the Puyallup tribe of Indians claims.

Senate Committee on Ways & Means

Senate Hearing Date(s):February 28, 1989; March 1, 1989

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Fleming, Gaspard, Hayner, Johnson, Lee, Matson, Newhouse, Niemi, Owen, Warnke, Williams, Wojahn.

Senate Staff:Featherstone Reid (786-7715)

                  March 14, 1989

AS PASSED SENATE, MARCH 13, 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:

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.

It is clarified that any person, municipal corporation, political subdivision or the state, who might already be a contributor of money, real property or personal property towards the settlement shall be credited for any such contribution under any assessment of a local improvement district that might be adopted under this act.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Jean Ameluxen, Department of Community Development; Linda Bowman, Eastside Improvement Group; Peggy Frost, Olympia; Edward B. Mackie, Chief Deputy Attorney General; Senator A. L. Rasmussen; Dennis D. Reynolds, Attorney