Memorandum of Understanding
Abstract:
1990 Draft Comprehensive Land Use Plan articulated land use goals, establishes policies to guide stewardship of the land and resources of the reservation and outlines an implementation strategy.
Author:
Publication Date: Apr/14/1998
Source: Skagit County, WA: Swinomish Indian Tribal Community
Contact Info: Charles O'Haracohara@swinomish.nsn.us
Full Text:
DOCUMENT: SWIN-SKG.TXT
M E M O R A N D U M O F U N D E R S T A N D I N G
For Establishing Procedures for the Administration of a
Cooperative Land Use Planning Program
Between
THE SWINOMISH INDIAN TRIBAL COMMUNITY
and
SKAGIT COUNTY
This Memorandum of Understanding (MOU) 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, hereinafter the "Tribe", and Skagit
County, a political subdivision of the State of Washington,
hereinafter the "County", both hereinafter collectively referred
to as "governments".
This Memorandum of Understanding represents good faith commitments
which are being made by each of the parties in a spirit of
cooperation and are not intended as obligations that may be
compelled by either party if both parties are not in full
agreement. Rather, this MOU represents the belief that these
commitments will be of mutual benefit to the parties.
WHEREAS, the Tribe and the County recognize that a
common interest exists between the two government with
respect to land use regulation on the Swinomish Indian
Reservation in that the Tribe Claims regulatory
authority over all lands within the Reservation and the
County claims regulatory authority over non-trust
property within the Reservation; and
WHEREAS, the interest of the Tribe extends to all lands
within the exterior boundaries of the Swinomish Indian
Reservation and to land use activities in areas beyond
the exterior boundaries of the Swinomish Indian
Reservation that may affect or have impacts on
Reservation lands; and
WHEREAS, the interests of the County extends to non-
trust lands within the exterior boundaries of the
Swinomish Indian Reservation; and
WHEREAS, the Tribe and the County have, with assistance
from the Northwest Renewable Resources Center,
cooperatively developed and independently adopted a
Joint Comprehensive Land Use Plan for the Swinomish
Indian Reservation pursuant to a Memorandum of
Understanding passed by the Skagit County Board of
Commissioners and the Swinomish Indian Senate in March,
1987; and
WHEREAS, the Tribe and the County agree that it is in
both their interests to cooperatively administer the
plan and associated regulations and continue to build
on the cordial government-to-government relationship
established through the collaborative planning process;
and
WHEREAS, the Tribe and County agree that in order to
address conflicts that may arise in the long-term
implementation of this plan, the Tribe and the County
should adopt an administrative procedure that involves
joint review and consultation regarding proposals for
land use actions so that mutually agreeable decisions
which acknowledge the broad interests of the community,
both Indian and non-Indian, may be reached, and
jurisdictional disputes avoided; and
WHEREAS, the Tribe and the County affirm that
cooperative problem solving and consensus decision-
making will be the preferred means of reaching
consensus decisions relating to land use planning and
regulatory activities on the Swinomish Indian
Reservation; and
NOW THEREFORE, the Tribe and the County agree to
proceed as follows:
I. AREAS OF INTEREST
Those lands subject to Swinomish Comprehensive Plan Map attached
hereto will be the areas covered by this agreement.
II. SWINOMISH PLANNING ADVISORY BOARD
A Swinomish Planning Advisory Board, (hereinafter referred to as
the "Advisory Board"), is a citizen board established to settle
disagreements regarding land use actions by means of cooperative
problem-solving and consensus-based negotiations. The Board will
also make recommendations to each government's Planning Commission
regarding land use activities on the Swinomish Reservation. The
Advisory Board will be comprised of five members, with two
appointments made by the Tribe, two appointments made by the
County, and one made jointly. The Advisory Board will facilitate
the resolution of disputes stemming from any jurisdictional
conflicts regarding the implementation of the plan and related
regulatory codes. The Advisory Board will also monitor the
progress of the cooperative planning processes and make
recommendations to the County Planning Commission and the
Swinomish Planning Commission to improve the future effectiveness
of these processes.
III. COMPREHENSIVE PLANS AND ZONING ORDINANCES
Both governments have jointly prepared a Comprehensive Land Use
Plan and are jointly preparing implementing ordinances including,
but not limited to, zoning and subdivision ordinances.
It is the intent of the parties that these land use policy
documents remain compatible, and that any future modification to
these documents take place through the joint review process
established in this Memorandum of Understanding. Notwithstanding
the fact that land use policy and regulatory documents are
compatible, they remain separate and distinct codes of each
government.
IV. ADMINISTRATIVE RESPONSIBILITIES FOR JOINT PERMIT REVIEW
In order to avoid the economic burden on each government of
independently administering separate permit review processes, both
governments agree that the following administrative services will
be provided by the planning departments of each government (lead
agency) in the interest of achieving a joint implementation of the
plan and related codes:
The County will be responsible for processing permit and other
land use applications on non-trust lands other than Indian owned
fee simple lands. The Tribe will be responsible for processing
permit and other land use applications on trust lands and Indian
owned fee lands.
V. JOINT PERMIT REVIEW PROCESS
DISCRETIONARY PERMITS: Permit applications requiring
discretionary review (i.e. requiring a public hearing and/or
notice to adjacent landowners) will be forwarded by the lead
agency to the planning department of the other government within 5
working days from the filing of a complete application. In the
event that the lead agency does not receive written comments back
within the 15 working days from the date the application is sent,
the application will be presumed acceptable to the other
government and the lead agency will process the application
pursuant to prescribed procedures. In the event comments are
submitted, technical staff review pursuant to Section VI shall
take place. The lead agency will give full consideration to the
other government's concerns and make every attempt to address
them. If the concerns cannot be resolved at the technical staff
level, Advisory Board review pursuant to Section VII shall take
place.
VI. CONSULTATION PROCESS
In the event that either government provides written comments,
concerns and/or recommendations, they will be conveyed within the
time prescribed in Section V, thereby triggering a staff-level
consultation meeting. The consultation process will provide the
opportunity for both governments to come together and discuss the
various issues related to the specific application under review.
The intent is to procedurally provide a mechanism through which to
voice concerns, identify problems, and explore solutions in a
professional review manner, during the early stages of the permit
process.
VII. RESOLUTION OF DISPUTES
Should agreement not be reached at the staff-level through the
consultation process, each government will prepare a staff report
for submittal to the Advisory Board which will seek to bring about
a mutually acceptable resolution. The Advisory Board will assist
the governments in their search for agreement and will use
conciliation, mediation, fact-finding, or any other method deemed
appropriate, to reach a resolution.
In the event the Advisory Board is unsuccessful in bringing about
an agreement, it will forward its recommendations to the County
Planning Commission/Hearing Examiner, and the Tribal Planning
Commission. Each planning commission will follow their own
prescribed procedures for decision-making and will forward their
recommendations to their respective governing bodies. Should the
recommendations be in conflict, the Tribal Senate and the Board of
County Commissioners may decide to confer on the issues and may
call a special meeting for that purpose. In the event that
consensus is not reached, each government will issue its decision
and be free to pursue its interests independent of the other
government.
VIII. ANNUAL REVIEW
The Advisory Board will report to both governments after one year,
biannually thereafter, regarding its activities. A joint review
of the cooperative planning process will be conducted after two
years. Based on the results of the review, as well as
recommendations from the Advisory Board, the process will be
refined as needed.
IX. AMENDMENTS
The provisions of the Memorandum of Understanding may be amended
by parallel resolutions of the respective governing bodies.
X. JURISDICTION
Nothing in this Agreement shall limit or waive the regulatory
authority or jurisdiction of either party. Likewise, nothing in
this agreement nor any decision made by the Tribe or the County,
whether or not the decision is consistent with this Memorandum of
Understanding, shall give any third party any cause of action or
claim. This Agreement is not intended to provide any remedy not
already provided by law.
IN WITNESS WHEREOF, This Memorandum of Understanding serves to
document the voluntary cooperation and good faith efforts between
the Swinomish Indian Tribal Community and Skagit County regarding
the administration of a coordinated land use planning process by
and between the parties. In full recognition of this
understanding, the parties hereto have executed this Memorandum of
Understanding on they day and year of the last date of signature
below:
PASSED BY THE BOARD OF SKAGIT COUNTY COMMISSIONERS
this______day of______, 19__
Skagit County Board of Commissioners, Skagit County, Washington
_____________________
Dave Rohrer, Chairman
__________________________
William Vaux, Commissioner
________________________
Ruth Wylie, Commissioner
Attest: __________________________________________
Clerk of the Board of County Commissioners
Approved as to Content:____________________________________
Scott Kirkpatrick, Planning Director
Approved as to Form: ___________________________________________
John Moffat, Chief Civil Deputy Prosecuting
Attorney
***********************************
PASSED BY THE SWINOMISH INDIAN SENATE
this______day of______, 19__
Swinomish Indian Senate, The Swinomish Indian Tribal Community
_________________________
Robert Joe, Sr., Chairman
_____________________________
Chester Cayou, Sr., Secretary
Approved as to Content:________________________________________
Nicholas C. Zaferatos, Planning Director
Approved as to Form: ________________________________________
Allen E. Olson, Tribal Attorney
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Notes:
Related Names: Swinomish Indian Tribal Community| Skagit County Board of Commissioners
Contact Info: Charles O'Haracohara@swinomish.nsn.us
