H-2785.1  _______________________________________________

                          HOUSE BILL 2159

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Sheldon, Holm, Dellwo and Wineberry

Prefiled 12/30/93.  Read first time 01/10/94.  Referred to Committee on Judiciary.

Changing provisions relating to criminal jurisdiction on Skokomish tribal lands.

    AN ACT Relating to jurisdiction over Skokomish tribal lands; and amending RCW 37.12.100, 37.12.110, and 37.12.120.

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

    Sec. 1.  RCW 37.12.100 and 1988 c 108 s 1 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, Chehalis Tribe, Swinomish Tribe, Skokomish 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, Chehalis, Swinomish, Skokomish, 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, Chehalis, Swinomish, Skokomish, 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, Chehalis, Swinomish, Skokomish, or Colville Indian reservation, the established pattern of regulatory jurisdiction existing on the lands of the Quileute, Chehalis, Swinomish, Skokomish, 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.  RCW 37.12.110 and 1988 c 108 s 2 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," "Chehalis reservation((,))" or "Chehalis Indian reservation," "Swinomish reservation((,))" or "Swinomish Indian reservation," or "Skokomish reservation" or "Skokomish Indian reservation" means all tribal lands or allotted lands lying within the 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," "Colville tribes," or "Quileute, Chehalis, ((or)) Swinomish, or Skokomish tribe" means the confederated tribes of the Colville reservation or the tribe of the Quileute, Chehalis, ((or)) Swinomish, or Skokomish reservation.

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

    Sec. 3.  RCW 37.12.120 and 1988 c 108 s 3 are each amended to read as follows:

    Whenever the governor receives from the confederated tribes of the Colville reservation or the Quileute, Chehalis, ((or)) Swinomish, or Skokomish 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 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, Chehalis, ((and)) Swinomish, and Skokomish tribes shall not exercise criminal or civil jurisdiction over non‑Indians.

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