Memorandum of Understanding

Abstract:

1987 Memorandum of Understanding between Swinomish Indian Tribal Community and Skagit County established the Land Use Program which provides a framework for conducting permitting activities withint the boundaries of the "checkerboarded" reservation and established a forum for resolving conflicts that might arise. It also created a 9-member Planning Advisory Board, comprised of four tribal appointees, four County appointees and a neutral facilitator.

Author:
Publication Date: Mar/18/1987
Source: Skagit County, WA: Swinomish Indian Tribal Community
Contact Info: Charles O'Haracohara@swinomish.nsn.us

Full Text:

DOCUMENT: SWINOMSH.TXT

MEMORANDUM OF UNDERSTANDING FOR ESTABLISHING A COORDINATED
TRIBAL/COUNTY REGIONAL PLANNING PROGRAM BETWEEN THE SWINOMISH
INDIAN TRIBAL COMMUNITY AND SKAGIT COUNTY

This Memorandum of Understanding is made by and between the
Swinomish Indian Tribal Community, a federally recognized Indian
Tribe organized pursuant to Section 16 of the Indian
Reorganization Act of 1934 ("Tribe") and Skagit County, a
political subdivision of the State of Washington ("County"). The
Tribe and County (collectively referred to as "governments")
hereby acknowledge and agree as follows:

Introduction

Following a series of meetings held between November 1986 and
February 1987, and coordinated under the Land Tenure Project of
the Northwest Renewable Resources Center, the Tribe and the County
reached mutual understanding concerning the development of a
Coordinated Regional Planning Program and a definable government-
to-government relationship.

Mutual Points of Understanding

1. That the Tribe and the County are implementing separate
comprehensive land use policy programs regulating land use
activities on the Swinomish Indian Reservation; and

2. That the Tribe has assumed regulatory jurisdiction for
all land areas within the exterior boundaries of the Swinomish
Indian Reservation, regardless of ownership type, and that the
County has assumed partial regulatory jurisdiction for those lands
held in fee title lying within the exterior boundaries of the
Swinomish Indian Reservation; and

3. That both parties recognize the need for due process
representation of all residents of the Swinomish Indian
Reservation; and

4. That in order to alleviate the potential conflict which
may result from the concurrent application of both regulatory
programs within the exterior boundaries of the Swinomish Indian
Reservation, the parties to this Memorandum of Understanding agree
to initiate a coordinated land use planning process for land areas
contained within the exterior boundaries of the Swinomish Indian
Reservation; and

5. That the coordinated regional planning effort is not
intended to transfer any degree of jurisdiction held by one party
to the other party, nor is it to be misconstrued as a recognition
of jurisdiction which either party may duly claim; and

6. That it is in the interest of the residents of Skagit
County and the Swinomish Indian Reservation, that a coordinated
regional planning process be established whereby the Tribe and
County cooperate and share resources in the promotion of land use
planning within Skagit County, and;

7. That in order to implement a coordinated regional
planning process, the parties recognize that voluntary cooperation
and an attitude of good faith towards the joint planning process
is a prerequisite for successful coordinated planning.

Strategic Activities for Coordinated Planning

8. The Tribe and the County do mutually recognize the
benefits of entering into a Memorandum of Understanding to
establish a long term, government-to-government planning and
regulatory relationship in order to jointly commence a process for
the update of the Tribal and County Comprehensive Land Use Plans;

to formulate a single synthesized Comprehensive Plan; and to
investigate alternative methods for the administration of the land
use plan and other land use related regulatory codes for those
land areas lying within the exterior boundaries of the Swinomish
Indian Reservation;

9. The Tribe and the County recognize the benefits of
actively pursuing future joint planning studies addressing
regional concerns to both the County and the Tribe, which may
include water quality studies in Skagit Bay and other such
studies;

10. The Tribe and the County recognize that, for the
purposes of initiating a coordinated comprehensive planning
update process, that an Advisory Planning Board should be
appointed, representing both the Tribe and the County, for
purposes of identifying updating requirements to both the County
Plan and the Tribal Plan in an effort to attain compatibility
between plans;

11. The Tribe and the County recognize that in order to
facilitate a coordinated comprehensive planning process for the
Reservation area, the County recognize that in order to facilitate
a coordinated comprehensive planning process for the Reservation
area, the County should modify its existing "Island Sub-Area" and
redesignate those land areas within the Swinomish Indian
Reservation as a new sub-area known as the Swinomish Indian
Reservation Sub-Area;"

12. The Tribe and the County recognize that an operational
and organizational strategy for jointly administering a land use
policy should be established which will consider: 1) the
jurisdictional claims to land use regulation by both parties, and
2) each government's concern with respect to fair and adequate
representation of all people residing on the Swinomish Indian
Reservation. Said organizational strategy will outline a procedure

for implementing the provisions of a comprehensive land use plan;

13. The Tribe and the County recognize that the independent,
third party assistance provided through the Northwest Renewable
Resources Center (NRRC) is considered both helpful and necessary
for the timely implementation of a joint planning effort, and the
governments hereby request the ongoing participation of NRRC to
assist in facilitating the joint planning effort. The
governments further request NRRC to seek and provide funds for
retaining a Coordinator to assist the parties in completing a
joint comprehensive land use plan update process;

14. The parties mutually agree that efforts to initiate a
joint planning process for the purposes of updating the Tribal
and County Comprehensive Land Use Plan should commence during the
summer of 1987;

Planning Process

Pursuant to this Memorandum of Understanding, the Tribe and
the County acknowledge their commitment to pursue a process
leading towards the coordination of land use planning and
regulatory activities on the Swinomish Indian Reservation, and
have identified the following three major elements of a program to
commence during the summer of 1987 as follows:

A. Commitment for a Coordinated Planning.

(1) The Tribe and the County will consider entering into a
Sphere of Influence Agreement as an interim measure of land use
coordination while the planning process is underway;

(2) The Tribe and the County will formulate an Advisory
Planning Board representing the Tribe and the County, which shall
oversee the implementation of a joint comprehensive planning
process.

(3) Both the County and the Tribe shall provide professional
staff support to the Advisory Planning Board to facilitate the
process of updating both Tribal and County Comprehensive Plans.

(4) The Advisory Planning Board shall initiate review and
drafting of the plan document and shall present recommendations to
the County and Tribal Planning Commissions for public review and
adoption by their respective governing bodies.

B. Composition of Advisory Board:

(1) The Advisory Planning Board shall be comprised of nine (9)
members, with appointments made mutually by the Tribe and the
County. The positions on the Board shall be filled as follows:
A representative of the Skagit County and Swinomish Planning
Commissions (2 positions); The Planning Directors of the
respective governments (2 positions); the NRRC Coordinator,
serving as Chairperson (1 position); two positions appointed at-
large and nominated by the County (2 positions); and two
positions appointed at-large and nominated by the Tribe (2
positions).

(2) The Board shall serve at the discretion of, and shall
make their recommendations to, the Tribe and the County.

(3) The Board shall complete their assigned tasks and
responsibilities within the one (1) year anniversary of their
appointments.

C. Operational Procedures.

(1) In order to administer an updated Comprehensive Land Use
Plan and subsequent regulatory codes, an administrative procedure
shall be drafted by the Advisory Planning Board and shall outline
procedures for joint administration of the Plan and associated
regulations.

(2) The Advisory Planning Board shall serve as a
representative board making recommendations to each government's
Planning Commission regarding land use activities on the
reservation.

(3) The Planning Board shall investigate alternatives for the
resolution of any disputes, if any, between the Tribe and County
in the implementation of the Plan and regulatory codes on the
reservation and make recommendations on such procedures to each
government's governing bodies.

D. Additional Planning Coordination:

(1) The Advisory Planning Board may pursue funding for
special topical planning studies of mutual interest to the Tribe
and County and may oversee the conduct of such studies.

Term of Memorandum of Understanding

This Memorandum of Understanding shall commence on the date
that it is approved by both the Tribe and County, and shall remain
in effect for a period of eighteen (18) months. Either party may
terminate this Memorandum of Understanding provided written
notification of such intent to terminate is transmitted to the
other party within thirty (30) days of actual termination. It is
anticipated by the parties that following the Term of this
Agreement, a subsequent Agreement shall be drafted and approved
whereby the Parties will mutually agree on methods for coordinated
administration and maintenance of a coordinated land use policy.

Jurisdiction

Nothing in this agreement shall limit or waive the regulatory
authority or jurisdiction of either party.

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URL: http://modelpolicies.thepraxisproject.org/files/SWINOMSH.pdf

Notes:

Related Names: Swinomish Indian Tribal Community| Skagit County Board of Commissioners

Contact Info: Charles O'Haracohara@swinomish.nsn.us