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HomeMy WebLinkAboutCONSENT TLT Tribal Consultation Amend 1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Josh D. Peters,County Administrator DATE: 9/22/2025 SUBJECT: CONTRACT APPROVAL: Amendment to Agreement with Point No Point Treaty Council re: 2025 County Submittal of DNR Trust Land Transfer Applications STATEMENT OF ISSUE: Jefferson County submitted Trust Land Transfer(TLT) applications in 2024 to the Washington State Department of Natural Resources (DNR)concerning four parcels of real property. Related to that submittal, the county and the Point No Point Treaty Council (PNPTC) approved an agreement, effective 8/29/2024 and attached,the objective of which was: ...to preserve and protect the Treaty Rights of the Tribes and their Members under the Treaty of Point No Point, while promoting the efforts of Jefferson County to obtain selection for funding for its Trust Land Transfer Applications pending with the Washington State Department of Natural Resources. Parcel details for the four parcels associated with the county's TLT applications are included in the 2024 agreement with PNPTC as attachments. The county's 2024 applications were not approved in DNR's review process. To re-apply in 2025 by the application deadline of the end of September,the county prepared a 2025 amendment to the 2024 agreement with PNPTC. The attached amendment proposal was scheduled to be considered by the PNPTC on 9/18/2025, according to PNPTC staff. ANALYSIS: Information about the TLT program is available on DNR's website: https://dnr.wa.gov/land-transactions/trust-land-transfer By approving this proposed agreement amendment, the Board effectively would be directing staff to submit the subject TLT applications to DNR by the 2025 application deadline. FISCAL IMPACT: There is no fiscal impact related to approval of this agreement amendment. Should DNR approve the county's TLT applications,there is expected to be positive fiscal impact associated with forest land management directed by the county property in coming years. 1 RECOMMENDATION: Consider and approve the proposed amendment to the TLT agreement with PNPTC. Direct staff to prepare and submit TLT applications to DNR for the four subject parcels on or before the 2025 application deadline. REVIEWED BY: `i 17 3-S— Josh eters, County Administrator Date 2 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Point No Point Treaty Council Contract No: TLT-2025 Contract For: Trust Land Transfer Agreement Term: Perpetual COUNTY DEPARTMENT: County Administrator Contact Person: Josh D Peters Contact Phone: 360-385-9130 Contact email: JDPeters@co.jeferson.wa us AMOUNT: PROCESS: zExempt from Bid Process Revenue: $o.00 Cooperative Purchase Expenditure: $o.00 Competitive Sealed Bid Matching Funds Required: No Small Works Roster Sources(s)of Matching Funds n/a — Vendor List Bid Fund # n/a _ RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO LIANC W TH J C 3.55.080 AND CHAPTER 42.23 RCW. ! CERTIFIED: t N/A:a � t__ (//7/ j na re Date STEP 2: DEPARTMENT CERTIFIES TH ERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: ❑ N/A: a 11 7 9//7/ -— Si na a Date STEP 3: RISK MANAGEMENT REVIEW(will added electronically through Lasertiiche): Electronically approved by Risk Management on 9/17/2025. Amendment drafted by Chief Civil DPA. Concurrent consideration by Point No Point Treaty Counncil. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 9/17/2025. Amendment No. 1 to Trust Land Transfer Agreement. Original agreement also attached. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6:CONTRACTOR SIGNS STEP 7:SUBMIT TO BOCC FOR APPROVAL 1 1 AMENDMENT TO TRUST LAND TRANSFER AGREEMENT BETWEEN THE JAMESTOWN S’KLALLAM TRIBE, THE PORT GAMBLE S’KLALLAM TRIBE, THE POINT NO POINT TREATY COUNCIL AND JEFFERSON COUNTY This Amendment modifies the Agreement between the Parties effective August 29, 2024 (the Agreement) to preserve and protect the Treaty Rights of the Tribes and their Members under the Treaty of Point No Point, while promoting the efforts of Jefferson County to obtain selection for funding for its Trust Land Transfer Applications pending with the Washington State Department of Natural Resources. RECITALS WHEREAS, the Parties (defined in the Agreement) agree to modify the Agreement as set forth in this Amendment; and WHEREAS, Jefferson County submitted the “Trust Land Transfer Applications” (defined in section 1(p) of the Agreement) to the Washington Department of Natural Resources in 2024, but none of these applications scored high enough to pass the cut off for grant funding; and WHEREAS, Jefferson County will submit the “Trust Land Transfer Applications” (defined in section 1(p) of the Agreement) to the Washington Department of Natural Resources again in 2025; and WHEREAS, Parties (defined in the Agreement) want to ensure the benefits they all received from the Agreement if the “Trust Land Transfer Applications” are accepted for grant funding after re-submission to the Washington Department of Natural Resources again in 2025. AMENDMENTS IT IS AGREED BETWEEN THE PARTIES THAT THE AGREEMENT IS AMENDED AS FOLLOWS: 1. The definition of “Trust Land Transfer Applications” in section 1(p) of the Agreement is replaced with the following: “Trust Land Transfer Applications” means the applications being considered by the Washington Department of Natural Resources that were submitted by Jefferson County as follows: i. Jefferson County - Anderson Lake TLT Application; 2 ii.Jefferson County - Beaver Lake TLT Application; iii.Jefferson County - Cape George TLT Application; and, iv. Jefferson County - Jacob Miller TLT Application. Detailed identifying information for each TLT Application is attached in Appendix 4. 2. Section 3(d) of the Agreement is amended to read as follows: Send a letter of support for all of the Trust Transfer Applications described in this Agreement to the Washington Department of Natural Resources by September 26, 2025, in substantially the same form as in Appendix 3 to this Agreement (except the footnotes should be deleted) and confirm receipt by the Washington Department of Natural Resources. 3. All other terms and conditions of the Agreement remain the same. EXECUTED by the Parties on the dates indicated in the signature pages below: (SIGNATURES FOLLOW ON THE NEXT PAGES) for 09/17/2025 4 JAMESTOWN S’KLALLAM TRIBE _____________________________ [Name] _____________________________ [Title] _____________________________ Date 5 PORT GAMBLE S’KLALLAM TRIBE _____________________________ [Name] _____________________________ [Title] _____________________________ Date 6 POINT NO POINT TREATY COUNCIL _____________________________ [Name] _____________________________ [Title] _____________________________ Date