HomeMy WebLinkAbout87_Nikki Aikman re: FW FPA 2618496 Landowner – Tribal meeting required EXHIBIT# c7
Carolyn Gallaway
From: Nikki Aikman <nikkia@pgst.nsn.us>
Sent: Wednesday, October 15, 2025 12:07 PM
To: Carolyn Gallaway
Subject: Fw: FPA 2618496 Landowner-Tribal Meeting Required
Attachments: FPA_2618496_Response_Letter Final.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click
on links if you are not expecting them.
I've attached the letter we received from Ryan Hodges through the FPA process to address our concerns.
I'd like it reflected in the record that our cultural resource concerns were not addressed and there was no
mutual agreement for protection of tribal cultural resources.
Nikki Aikman,
Forest and Conservation Program Manager,
Port Gamble S'Klallam Tribe
360-865-2678
From: Ryan Hodges<ryanh@statesmangroup.com>
Sent:Tuesday, September 24, 2024 11:03:44 AM
To: Pagel, Krista (DNR) <Krista.Pagel@dnr.wa.gov>
Cc: Puksta, Levi (DNR) <Levi.Puksta@dnr.wa.gov>; ALLISON,TED (DNR) <TED.ALLISON@dnr.wa.gov>; DNR RE FP OLY
<fp_oly@dnr.wa.gov>; Nikki Aikman <nikkia@pgst.nsn.us>; Misty A. Ives<mives@pgst.nsn.us>;
shlanayl@skokomish.org<shlanayl@skokomish.org>; elees@skokomish.org<elees@skokomish.org>
Subject: Re: FPA 2618496 Landowner-Tribal Meeting Required
Dear Krista,
Please see attached response to your letter dated Sept 12, 2024.
Ryan Hodges
Pleasant Harbor Marina MPR
907-538-1394
On 9/12/24 11:05, Pagel, Krista (DNR)wrote:
Hi Ryan,
Please see the attached letter regarding a landowner/tribal meeting for FPA 26 18496.
1
Carolyn Gallaway
From:
Nikki Aikman <nikkia@pgst.nsn.us>
Sent:
Wednesday, October 15, 2025 12:07 PM
To:
Carolyn Gallaway
Subject:
Fw: FPA 2618496 Landowner -Tribal Meeting Required
Attachments:
FPA-2618496-Response-Letter Final.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click
on links if you are not expecting them.
I've attached the letter we received from Ryan Hodges through the FPA process to address our concerns.
I'd like it reflected in the record that our cultural resource concerns were not addressed and there was no
mutual agreement for protection of tribal cultural resources.
Nikki Aikman,
Forest and Conservation Program Manager,
Port Gamble S'Klallam Tribe
360-865-2678
From: Ryan Hodges <ryanh@statesmangroup.com>
Sent: Tuesday, September 24, 2024 11:03:44 AM
To: Pagel, Krista (DNR) <Krista. Page I@dnr.wa.gov>
Cc: Puksta, Levi (DNR) <Levi. Puksta @d nr.wa.gov>; ALLISON, TED (DNR) <TED.ALLISON@dnr.wa.gov>; DNR RE FP OILY
<fp_oly@dnr.wa.gov>; Nikki Aikman <nikkia@pgst.nsn.us>; Misty A. Ives <mives@pgst.nsn.us>;
shlanayl@skokomish.org <shlanayl@skokomish.org>; elees@skokomish.org <elees@skokomish.org>
Subject: Re: FPA 2618496 Landowner -Tribal Meeting Required
Dear Krista,
Please see attached response to your letter dated Sept 12, 2024.
Ryan Hodges
Pleasant Harbor Marina MPR
907-538-1394
On 9/12/2411:05, Pagel, Krista (DNR) wrote:
Hi Ryan,
Please see the attached letter regarding a landowner/tribal meetingfor FPA_2618496.
Regards,
Krista
Krista Pagel
Forest Practices Coordinator, Olympic Region
Washington State department of Natural Resources
Main Office: (360) 374-2800
Call: (360) 640-9185
411 TiIticum Lana, Forks WA 98331
Pleasant Harbor Marina MPR
308913 US Hwy 101
Brinnon, WA 98320
September 23, 2024
Krista Pagel
Forest Practices Coordinator
Olympic Region
360-374-2800
Subject: Forest Practices Application (FPA) Number 2618496
Dear Ms. Pagel,
Thank you for your letter dated September 12, 2024, regarding the Forest Practices Application
(FPA) within Sections 15 & 22 of Township 25, Range 2W, classified as a Class IVG forest
practice activity. We have met with the interested parties as required by this letter, on
September 11, 2024 as well as several times in the past.
I would like to provide an update based on our recent meeting with representatives of the Port
Gamble S'Klallam Tribe on September 11, 2024. During this meeting, we worked closely with
the tribe to address several outstanding concerns, including the size and phasing of the
development and the protection of culturally significant resources. We also discussed concerns
around the elk raised by the tribe, and we are working with them to address those concerns. A
copy of the September 11, 2024 meeting agenda is provided (Appendix A).
We have in place an Archaeological Monitoring and Inadvertent Discovery Protocol (Appendix
B), as outlined in the approved Cultural Resources Management Plan for the Statesman Group
Master Planned Resort. This plan has been reviewed and agreed upon by multiple tribes and
the Washington State Department of Archaeology and Historic Preservation (DAHP), and will be
implemented as required. The plan ensures that any archaeological findings during the project
are properly managed, and the protocol is in place to protect sensitive cultural resources.
As per the requests from the Port Gamble S'Klallam Tribe, we reviewed our cultural awareness
training for all site employees. This training will continue to be provided to any incoming
employees or subcontractors to ensure ongoing compliance with the cultural plan. We are
committed to fulfilling these obligations to protect culturally significant resources.
However, according to the provided letter from the Skokomish Tribe dated April 9, 2018
(Appendix C) the land of interest for the FPA 2618496 does not fall under Port Gamble
S'Klallam Tribe's rights. Based on the Hood Canal Agreement, the Skokomish Tribe holds
primary rights to the Hood Canal Area. Although, we will continue to engage with the Port
Gamble S'Klallam Tribe. A Skokomish Tribe representative will need to be present for site
visits.
As discussed in our September 11 meeting with Port Gamble S'Klallam Tribe, we have a
meeting scheduled on October 4, 2024. However, we are waiting on a reply from the Skokomish
for the scheduled meeting to occur.
Thank you for your time,
Ryan Hodges
Assistant Project Manager
Pleasant Harbor Marina Master Planned Resort
Cc: Levi Puksta, Misty Ives, Nikki Venneman, Earle David Lees, Kris Miller
Appendix A
• WE PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOURCES DEPARTMENT
® 31912 Little Boston Rd. NE — Kingston, WA 98346
AGENDA
September 11, 2024
Welcome and Introductions
Status of Blackpoint/Pleasant Harbor Master Plan Resort
Port Gamble S'Klallam unresolved comments/issues
• Size of Development
• Phasing of Development
• Meaningful consultation with Port Gamble S'Klallam Tribe
• Protection of culturally significant resources
• Development of Stewardship Plan to ensure tribal access to hunt and gather
• Water Quality Monitoring
Tribal Archeologist to Monitor Site
Request an updated Cultural Resources Assessment report (is that correct Misty?)
Modification to Developer Agreement, Appendix Q
• Update Contact information to Misty Ives
• Include Port Gamble S'Klallam Response to Cultural Resource Management Plan
(attach?)
Saltwater Intrusion and Contingency Plan Walk through
Preconstruction Wetland Mitigation Plan
Modification to Developer Agreement, Appendix P Wildlife Management Plan
• Dylan Bergman will arrive about 11:30am
Site Visit -Schedule
Additional Topics
Conclusions and Next Steps
Phone: (360) 297-4792 Fax: (360) 297-4791
Appendix B
Appendix 0
Proposed Plan for Archeological Monitoring and Inadvertent
Discovery Protocol
DAHP Response to Cultural Resources Plan
Skokomish Tribe Response to Cultural Resources Plan
01/09/2018 1 Page 1 of 14
Proposed Plan for Archaeological Monitoring
and Inadvertent Discovery Protocol
01/09/2018 1 Page 2 of 14
Cultural Resource Consultants, Inc.
PROPOSED PLAN FOR ARCHAEOLOGICAL MONITORING
AND INADVERTENT DISCOVERY PROTOCOL,
ARCHAEOLOGICAL MONITORING AT PLEASANT HARBOR MARINA
JEFFERSON COUNTY, WASHINGTON
AUTHOR: Glenn D. Hartmann
DATE: January 12, 2012, revised February 7, 2012, March 27, 2012
LOCATION: Jefferson County, Washington
T, R, S: Township 25 North, Range 2 West, Section 15 and 22, Willamette
Meridian.
PREPARED FOR: Don Coleman
Pleasant Harbor Marina
308913 Hwy 101
Brinnon, WA 98320
Pleasant Harbor Marina is requesting periodic archaeological monitoring of construction
excavations and other below -fill ground -disturbing activities in Brinnon, Jefferson County,
Washington. The Pleasant Harbor Master Planned Resort is proposed on approximately 257
acres of the 710-acre Black Point Peninsula along the western side of the Hood Canal. The
peninsula is surrounded on the north, south, and east by the waters of Hood Canal. Pleasant
Harbor is formed by the west shore of Black Point and the east shore of the mainland.
Background
Prior archaeological field investigations of the project area did not result in the identification of
any prehistoric or historic archaeological resources (Mather et at. 2006; Berger 2008).
Subsurface investigations focused on archaeologically sensitive landforms; that is, those
environments most likely to contain naturally buried archaeology identified in collaboration with
cultural resources staff of the Skokomish Tribe (e.g., kettles, vantage points, the bluff edge).
High probability areas in Black Point where buried archaeological deposits might occur (i.e.,
kettle margins and bases) were sampled using hand -excavated shovel probes. Locations of all
probes, shovel scrapes, and wall profiles were mapped on a small-scale project area topographic
map (see Mather et al. 2006: Figure 16). In all, 93 shovel probes/scrapes were excavated during
the 2006 field investigations with 27 probes along the southern bluff, 12 probes on high points,
22 probes in kettle basins and 32 probes along the kettle margins and rims. In addition wall
profiles were faced in order to assess the local stratigraphy.
Subsequent to the initial cultural resource assessment for the project, Berger (2008) conducted
archaeological monitoring during geotechnical assessment. Archaeological monitoring of
geotechnical explorations did not result in the identification of any evidence of archaeological
sites, historic structures, or other features. Conditions and sediments observed during this
710 ERICKSEN AVENUE NE, SUITE 100
PO Box 10668, BAAIBRIDGE ISLAND, WA 98110
NONE 206 855-9020 - info@mwa.com
01/09/2018 1 Page 3 of 14
episode of archaeological monitoring suggested a low probability for as -yet unidentified
archaeological sites.
Archaeological Monitoring
Archaeological monitoring will include an orientation for the construction crew and machine
operators prior to initiating construction. Project personnel would be made aware of the
potentials of archaeology within the project area. They will be apprised of their responsibilities
during archaeological monitoring, their obligations in the case of an inadvertent discovery and
they will be made aware of the inadvertent discovery plan and protocol.
Periodic archaeological monitoring is planned during construction excavations and other below -
fill ground -disturbing project actions to minimize potential effects to any as -yet unknown human
remains and/or intact archaeological deposits. Monitoring would occur at those locations within
the project area that have previously been identified as high probability —kettles, vantage points,
the bluff edge —if sediments in these landforms will be affected by ground -disturbing
construction. Presently available plans indicate that construction would not occur along the bluff'
edge.
Project maps were reviewed and high probability locations were identified using the earlier
analyses of the project area (Mather et al. 2006; Berger 2008), which had tested and monitored
geotechnical explorations in these locations (Figure 1). Those areas with greater archaeological
potentials were mapped on topographic maps of the project area (Figures 2 and 3). Monitoring is
planned for the high probability areas until it can be determined with greater assurance that
continual monitoring is not necessary. Monitoring results would be reviewed with DAMP staff
and tribal representatives prior to adjusting the monitoring schedule.
Archaeological monitoring would entail having an archaeologist present during construction
excavation below -fill to observe subsurface conditions and identify any buried archaeological
materials that may be encountered. Monitoring will be performed either by a "professional
archaeologist" (RCW 27.53.030 (8)) or under the supervision of a professional archaeologist.
The monitoring archaeologist would stand in close proximity to construction equipment in order
to view subsurface deposits as they are exposed, and would be in close communication with
equipment operators to ensure adequate opportunity for observation and documentation.
Archaeological monitoring will seek to identify potential buried surfaces, anthropogenic
sediments, and archaeological features such as shell middens, hearths, or artifact -bearing strata.
The monitoring archaeologist will inspect project excavations and the recovered sediments for
indications of such archaeological resources. The archaeologist will be provided the opportunity
to screen excavated sediments and matrix samples when this is judged useful to the identification
process. It is not expected that modem fill (e.g., imported culturally -sterile construction fill) or
glacial till sediments would be included in screening procedures. Excavated spoils may be
examined in the course of monitoring. If cultural materials are observed in spoils piles, it is
expected that these would be removed for examination and that the opportunity to screen spoil
sediments would be available.
CRC Proposed Plan for Archaeological Monitoring and Inadvertent Discovery Protocol
1111L, Pleasant Harbor Marina, Jefferson County, WA
Page 2
01 /09/2018 1 Page 4 of 14
Archaeological monitoring of construction excavation will proceed until it can be determined
with a greater level of confidence that human remains or other cultural resources are not likely to
be impacted by construction excavation of the project. The archaeologist will conduct
monitoring until native and fill deposits can be confidently isolated and identified based on
observed sedimentary exposures. Upon completion of the monitoring, the archaeologist will
prepare a report on the methods and results of the work, and recommendations for any necessary
additional archaeological investigations, illustrated with maps, drawings, and photographs as
appropriate.
Contingency Plan
In accordance with RCW 27.44 Indian Graves and Records Act, RCW 27.53 Archaeological
Sites and Resources, RCW 68.50 Human Remains, and RCW 68.60, Abandoned and historic
cemeteries and historic graves, the following protocols will be followed in the event that
archaeological materials and/or human remains are discovered:
Procedures Upon Discovery of Potential or Actual Cultural Resources
1. Upon discovery of a potential or actual archaeological site, or cultural resources as defined by
RCW 27.44 Indian Graves and Records Act, and RCW 27.53 Archaeological Sites and
Resources, Pleasant Harbor Marina, its employees, its contractors and sub -contractors shall:
(a) Immediately cease or halt ground disturbing, construction, or other activities around
the area of the discovery and secure the area with a perimeter of not less than thirty (30)
feet until all procedures are completed and the parties agree that activities can resume. If
such a perimeter would materially impact agency functions mandated by law, related to
health, safety or environmental concerns, then the secured area shall be of a size and
extent practicable to provide maximum protection to the resource under the
circumstances. Project activities that are not ground disturbing may continue outside the
secured perimeter around the findings. No one shall excavate any findings and all
findings will be left in place, undisturbed and without analysis, until consultation with
DAHP and the Tribe regarding a final disposition of the findings has been completed. In
accordance with RCW 27.53.060, no one shall knowingly remove or collect any
archaeological objects without obtaining a permit.
(b) Notify the Local Government Archaeologist at DAHP and the Tribes of the discovery
as soon as possible, but in any event, no later than (24) hours of the discovery. If human
remains are found, Pleasant Harbor Marina shall follow notification procedures specified
below (see "Human Remains and Associated Funerary Objects").
(c) Arrange for the parties to conduct a joint viewing of the discovery within (48) forty-
eight hours of the notification, or at the earliest possible time thereafter, Pleasant Harbor
Marina or their authorized representative shall arrange for the archaeologist to attend the
joint viewing. After the joint viewing, taking into account any recommendations of the
Tribe(s), DAHP, and the archaeologist, the parties shall discuss the potential significance,
if any, of the discovery.
CRC Proposed Plan for Archaeological Monitoring and Inadvertent Discovery Protocol
1111 L, Pleasant Harbor Marina, Jefferson County, WA
Page 3
01/09/2018 1 Page 5 of 14
(d) Consult with the Tribes and DAHP on the transfer and final disposition of artifacts.
Until the Tribe has a repository that meets the standards of curation established 36 CFR
Part 79, artifacts shall be curated using an institution or organization that meets curation
standards, selected through consultation with the Tribe.
Inadvertent DiscoverXof Human Skeletal Remains on Non -Federal and Non -Tribal Land
in the State of Washin ton CWs 68.50.645 27.44.055 and 68.60.055
2. If ground -disturbing activities encounter human skeletal remains during the course of
construction, then all activity must cease that may cause further disturbance to those remains and
the area of the find must be secured and protected from further disturbance. In addition, the
finding of human skeletal remains must be reported to the Jefferson County Coroner's Office and
Jefferson County Sheriff's Office in the most expeditious manner possible. The remains should
not be touched, moved, or further disturbed.
3. The Jefferson County Coroner's Office will assume jurisdiction over the human skeletal
remains and make a determination of whether those remains are forensic or non -forensic. If the
county coroner determines the remains are non -forensic, then they will report that finding to the
Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction
over the remains and report them to the appropriate cemeteries and affected tribes. The State
Physical Anthropologist will make a determination of whether the remains are Indian or Non -
Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP
will then handle all consultation with the affected parties as to the future preservation,
excavation, and disposition of the remains.
4. DAHP will handle all consultation with the affected parties as to the future preservation,
excavation, and disposition of the remains if there is no federal agency involved.
Confidentiality of Information
5. Pleasant Harbor Marina or their authorized representative recognizes that archaeological
properties are of a sensitive nature and sites where cultural resources are discovered can become
targets of vandalism and illegal removal activities. Pleasant Harbor Marina or their authorized
representative shall keep and maintain as confidential all information regarding any discovered
cultural resources, particularly the location of known or suspected archaeological property, and
exempt all such information from public disclosure consistent with RCW 42.17.300.
6. Pleasant Harbor Marina or their authorized representative shall make its best efforts to ensure
that all records indicating the location of known or suspected archaeological properties are
permanently secured and confidential.
7. Pleasant Harbor Marina or their authorized representative shall ensure that its personnel,
contractors, and permittees keep the discovery of any found or suspected human remains, other
cultural items, and potential historic properties confidential, including but not limited to,
refraining such persons from contacting the media or any third party or otherwise sharing
information regarding the discovery with any member of the public. Pleasant Harbor Marina or
CRC Proposed Plan for Archaeological Monitoring and Inadvertent Discovery Protocol
1111 L, Pleasant Harbor Marina, Jefferson County, WA
Page 4
01/09/2018 1 Page 6 of 14
their authorized representative shall require its personnel, contractors and permittees to
immediately notify the Lead Representative of Pleasant Harbor Marina or their authorized
representative of any inquiry from the media or public. Pleasant Harbor Marina or their
authorized representative shall immediately notify DAHP of any inquiries it receives. Prior to
any public information release, Pleasant Harbor Marina or their authorized representative,
DAHP, and the Tribe(s) shall concur on the amount of information, if any, to be released to the
public, any third party, and the media and the procedures for such a release, to the extent
permitted by law.
Lead Representative and Primary Contact
8. The lead representatives and primary contacts of each party under this plan are as identified
below. The parties may identify other specific personnel before the commencement of any
particular project element as the contacts.
Pleasant Harbor Marina
308913 Hwy 101
Brinnon, WA 98320
Primary Contact: Don Coleman, Maintenance and Security Supervisor, 206-714-1482
Pleasant Harbor Marina
7370 Sierra Morena Blvd. S. W.
Calgary, Alberta
Primary Contact: M. Garth Mann, President & C.E.O, 403-256-4151
Jamestown S'Klallam Tribe
1033 Old Blyn Highway
Sequim, WA 98382
Primary Contact: Gideon Kauffman
Lower Elwha Klallam Tribe
2851 Lower Elwha Rd
Port Angeles, WA 98363
Primary Contact: Bill White, Cultural Resources
Port Gamble S'Klallam Tribe
31912 Little Boston Rd NE
Kingston, WA 98346
Primary Contact: Josh Wisniewski Ph.D.
Skokomish Tribe
North 80 Tribal Center Rd
Skokomish, WA 98584
Primary Contact: Kris Miller, Cultural Resources
Squaxin Island Tribe
CRC Proposed Plan for Archaeological Monitoring and Inadvertent Discovery Protocol
1111 L, Pleasant Harbor Marina, Jefferson County, WA
Page 5
01/09/2018 1 Page 7 of 14
SE 10 Squaxin Lane
Shelton, WA 98584
Primary Contact: Rhonda Foster
Suquamish Tribe
15838 Sandy Hook Rd
PO Box 498
Suquamish, WA 98392-0498
Primary Contact: Stephanie Trudel
Washington Department of Archaeology and Historic Preservation
PO Box 48343
Olympia, WA 98504-8343
Lead Representative: Allyson Brooks, State Historic Preservation Officer, 360-586-3066
Primary Contact: Gretchen Kaehler, Local Government Archaeologist, 360-586-3088
Primary Contact for Human Remains: Guy Tasa, State Physical Anthropologist, 360-586-3534
Jefferson County Coroner's Office
PO Box 1220
Port Townsend, WA 98368
Lead Representative: Scott W. Rosekrans, Prosecuting Attorney/Coroner, 360-385-9180
Jefferson County Sheriffs office
79 Elkins Road
Port Hadlock, WA 98339
Lead Representative: Tony Hernandez, Sheriff, 360-385-3831
Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Lead Representative: David W. Johnson, 360-379-4465
Cultural Resource Consultants, Inc.
710 Ericksen Avenue NE, Suite 100
PO Box 10668
Bainbridge Island, WA 98110
Lead Representative: Glenn Hartmann, Senior Archaeologist/Principal, 206-855-9020
References Cited
Berger, Margaret
2008 Archaeological Monitoring of Geotechnical Explorations for the Pleasant Harbor
Golf Resort, Jefferson County, Washington. Technical Memo 0804A-1, Cultural
Resource Consultants, Bainbridge Island.
Mather, Camille, Jennifer Chambers, James Schumacher, and Matthew Gill
CRC Proposed Plan for Archaeological Monitoring and Inadvertent Discovery Protocol
1111L, Pleasant Harbor Marina, Jefferson County, WA
Page 6
01/09/2018 1 Page 8 of 14
2006 Cultural Resources Assessment for the Proposed Pleasant Harbor Marina and Golf
Resort, Jefferson County, Washington. WSHS Technical Report #274. Prepared for
Statesman Corporation. On file at Cultural Resource Consultants, Inc., Bainbridge Island.
CRC Proposed Plan for Archaeological Monitoring and Inadvertent Discovery Protocol
1111L, Pleasant Harbor Marina, Jefferson County, WA
Page 7
01/09/2018 1 Page 9 of 14
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01/09/2018 1 Page 10 of 14
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01/09/2018 1 Page 11 of 14
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DQHP Response to Cultural Resources Plan
01/09/2018 1 Page 13 of 14
DEP •.,'f+AENT OF
44WARC HAEOLOGY &
, HISTORIC PRESERVATION
January 14, 2013
Mr. David Johnson
Associate Planner
Jefferson County
621 Sheridan Street
Port Townsend, WA 98368
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
In future correspondence please refer to:
Log: 081106-13-JE
Property: Statesman Group Master Planned Resort in Brinnon's Black Point and Pleasant
Harbor Marina, Jefferson Co.
Re: Concur with Cultural Resource Management Plan for Archaeological Monitoring and
Inadvertent Discovery
Dear Mr. Johnson:
Thank you for contacting the Washington State Department of Archaeology and Historic
Preservation (DAHP). We concur with the attached plan for the Statesman Group Master
Planned Resort. Three Tribes have concurred with the plan and three others did not comment.
We have no other comments or concerns as long as the attached monitoring and inadvertent
discovery plan is implemented during ground disturbing activities for the above project.
Thank you for the opportunity to review and comment. Please feel free to contact me if you
have any questions.
Sincerely,
Gretchen Kaehler
Assistant State Archaeologist
(360) 586-3088
g retchen. kaehler0.dahp.wa.gyv
cc. Gideon Kauffman, Archaeologist, Jamestown S'Klallam
Bill White, Archaeologist, Lower Elwha Klallam Tribe
Josh Wisnieweksi, THPO, Port Gamble S'Klallam Tribe
Kris Miller, THPO, Skokomish Tribe
Rhonda Foster, THPO, Squaxin Island Tribe
Dennis Lewarch, THPO, Suquamish Tribe
Don Coleman, Pleasant Harbor Marina
State of Washington • Department of Archaeology & Historic Preservation a STM1 "g
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 _ x
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Appendix C
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Skokomish Legal Department
N. 80 Tribal Center Road Tel: 360.877.2100 ext. 2071 Skokomish Nation, WA 98584
Fax: 360.877.2104
May 22, 2018
Allyson Brooks, Ph.D., Director
State Historic Preservation Officer
Department of Archaeology & Historic Preservation
PO Box 48343
Olympia, WA 98504-8343 Served by: Email to Allv%on.Brooks(ddahp.wa.eo�'
Certified Mail: 7016 1370 0001 2234 2791
Project Tracking Code: 081106-13-JE
Property: Statesman Group Master Planned Resort in Brinnon's Black Point and Pleasant
Harbor Marina, Jefferson County
Re: Request for Government -to -Government Meeting — Opposition to Letter of April 9, 2018
Dear Allyson Brooks, Ph.D., Director:
Pursuant to the terms of the Centennial Accord and Millennium Agreement the Skokomish Indian
Tribe formally requests that a government -to -government meeting be scheduled to address the
letter of April 9, 2018 (see Exhibit 1). This will be a policy -legal meeting, which the Skokomish
will host on Reservation at the Skokomish Legal Department.
As you should be aware, Skokomish (or Twana) Territory extends:
from Wilkes' Portage northwest across to the arm of Hood Canal up to the old limits of the
Tchimakum, thence westerly to the summit of the Coast Range, thence southerly to the
head of the west branch of the Satsop, down that branch to the main fork, thence east to the
summit of the Black Hills, thence north and east to the place of beginning.
United States v. YVashington, 626 F. Supp. 1405, 1489 at Finding No. 353 (W.D. Wash. 1984)
(Extracted from the "1854-55 journal [authored by] George Gibbs, a lawyer, ethnographer and
SKOKOAHSH INDIAN TRIBE: Black Point Letter 1 of 3 1 P a c
�_ -...rs
secretary to the 1855 Treaty Commission"), aff'd, 764 F.2d 670 (9th Cir. 1985). "Gibbs'
description of Twana territory was based on information gathered from Indians at and before the
treaty councils and at contemporaneous meetings." Id.
The courts, furthermore, have emphatically determined that:
At and before treaty times, the Twana Indians occupied nine winter villages situated in the
Hood Canal drainage basin. Eight of these villages were saltwater communities located at
or near the mouths of streams flowing into Hood Canal. No other aboriginal Indian group
occupied a village located within the Hood Canal drainage south of the Port Gamble
area.
United States v. Washington, 626 F. Supp. at 1488 at Finding No. 350, affd, 764 F.2d 670. "The
Twana name for Hood Canal itself was `the Twana's saltwater."' Id. at Finding No. 351.
These occupied lands were ceded to the United States pursuant to Article I of the Treaty of Point
No Point (12 Stat. 933 art. 1), with the exception of the Skokomish Reservation located at the Head
of Hood Canal. Exec. Order of President Ulysses S. Grant (February 25, 1874). Despite ceding
these lands, the Skokomish Indian Tribe expressly reserved the "right of taking fish" and the
"privilege of hunting and gathering" outside of its Reservation boundaries. 12 Stat. 933 art. IV;
United States v. Winans, 198 U.S. 371, 381 (1905) ("the treaty was not a grant of rights to the
Indians, but a grant of right from them, —a reservation of those not granted.").
Now, the Skokomish Indian Tribe vehemently objects to the Port Gamble S'Klallam Tribe's
patently false claims to Skokomish (or Twana) Territory. As reflected in the historical and court
records, "the Klallam ... formerly occupied the southern shore of the Strait of Juan de Fuca from
the mouth of the Hoko River to Port Discovery Bay." Erna Gunter Klallam Ethnography 177
(1927) (Admitted on December 10, 1973, United States v. Washington, C70-9213 (W.D. Wash.));
Exhibit 2. "The villages were situated along the shore with the exception of the upper Elwha group
who lived about twenty miles inland on the Elwah River." Id. A band of the Klallam, only after
Treaty -times, "moved to Port Gamble to work in the mill." Id. In the Hood Canal Agreement, the
Port Gamble S'Klallam even stipulated and agreed that "[t]he Clallam villages were situated at the
mouths of rivers draining into the Strait of Juan de Fuca." Exhibit 3; United States v. Washington,
626 F. Supp. at 1469.
In the Hood Canal Agreement, the Port Gamble S'Klallam further stipulated and agreed that "the
Skokomish Tribe, through its aboriginal predecessors the Twana Indians, exercised legitimate
territorial control over the Hood Canal fishery, including Hood Canal and all rivers and streams
Sl OKOMISH INDIAN TRIBE: Black Point Letter 2 of 3 1 P a g c
draining into it." Exhibit 3; United States v. TVashin;ton, 626 F. Supp. at 1468-1469. And, of
great import:
Each year significant numbers of Clallam Indians would travel from their villages to sites
on Hood Canal to fish with the Twana. Most, if not all, of these Clallam visitors were
marriage relatives of Twana Indians. The Clallam who fished on Hood Canal did so with
the understanding that the Hood Canal fishery was Twana territory.
Exhibit 3; United States v. TVashington, 626 F. Supp. at 1469 (emphasis added).
As a matter of law, the Hood Canal Agreement bars the Port Gamble S'Klallam from ever asserting
a territorial claim to Hood Canal, which is "Twana territory." Id. Whether or not the Port Gamble
S'Klallam can continue to fish north of Ayock Point on Hood Canal, despite the Skokomish's
primary right, is immaterial.
The Port Gamble S'Klallam have simply surrendered their right to object to this project. It is not
and will never be S'Klallam's territory. They were merely "Clallam visitors." Id.
Very truly yours,
Charles Miller, Chair
Skokomish Tribal Council
Certificate of Service
I eertifv that on this date I served the
foregoing on Allyson Brooks, Ph.D.,
a`nxior. /^l 1
FJ�f
risla Banlow. Paraleg
Very truly yours,
Earle David Lees, Attorney and Director
Skokomish Legal Department
cc. Gretchen Kaehler (Assistant State Archaeologist, Local Government)
Kate Dean, David Sullivan, and Kathleen Kerr (Jefferson County Commissioners)
Philip Hunsucker (Chief Civil Deputy Prosecuting Attorney)
SKOKOAUSH INDIAN TRIBE: Black Point Letter
_ is j .7i• !' wt:,
t
r
3of3111a e
EXHIBIT I
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
April 9, 2018
Ms. Kate Dean
County Commissioner
Jefferson County
PO BOX 1220
Port Townsend, WA98368
In future correspondence please refer to:
Project Tracking Code: 081106-13-JE
Property: Statesman Group Master Planned Resort in Brinnon's Black Point and Pleasant Harbor Marina,
Jefferson Co.
Re: Archaeology-DAHP Comments for Public Hearing for Pleasant Harbor MPR
Development
Dear Ms. Dean:
The Washington State Department of Archaeology and Historic Preservation (DAHP) has been involved
in the review of the proposed development since 2006. While we have some information regarding
archaeological materials within the project, there is no information regarding consultation or review
undertaken for cultural values. New information has been presented regarding the geological and cultural
value of the project area within the past months.
* RCW 43.21 C. 020 recognizes the responsibility to "Preserve important historic, cultural, and
natural aspects of our national heritage. " Further, RCW 43.21.030 (b) Guidelines for state
agencies, local governments —Statements —Reports —Advice —Information states (e) Study,
develop, and describe appropriate alternatives to recommended courses of action in any proposal
which involves unresolved conflicts concerning alternative uses of available resources.
Question 13(b) of the SEPA checklist asks: Are there any landmarks, features, or other evidence
oflndian or historic use or occupation? This may include human burials or old cemeteries. Are
there any material evidence, artifacts, or areas of cultural importance on or near the site?
Please list any professional studies conducted at the site to identify such resources. The cultural
importance of the project area was not addressed in any of the studies or documents
agencies or public relied upon to make comments or decisions regarding the development.
The project are contains unique and geologically significant features. In additional we have a draft
Traditional Cultural Property form submitted by the Port Gamble S'Klallam Tribe. While the form is not
complete at this time the information we have evaluated indicates the kettles are of cultural and spiritual
importance to the Tribe(s). There is a precontact archaeological site recorded in the project area which
supports the longtime use of the area by native peoples. Coupled with the uniqueness of the geological
features, the kettles would qualify as both a Traditional Cultural Property (TCP) as well as a Cultural
Landscape (CL) and would be eligible for listing in the National Register of Historic Places (NRHP).
State of Washington • Department of Archaeology L Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
EXHIBIT 1
The cultural resources studies conducted for the project did not discover or report either the geological or
cultural value of the kettles nor was it sufficient for the scope of the project which would disturb or
destroy the features that make the kettles and landscape culturally and geologically remarkable. Nor was
this information reported in the Supplemental Environmental Impact Statement (SEIS).
We recommend that the project be redesigned to preserve the kettles and the unique cultural landscape.
We would also request that the cultural resources study be updated to include an traditional cultural
property study. The Cultural Resources Management Plan (CRMP) for this project almost 10 years ago
needs to be updated based on the eventual development approved.
Thank you for the opportunity to review and comment. If you have any questions, please contact me.
Sincerely,
Gretchen Kaehler
Assistant State Archaeologist, Local Governments
(360) 586-3088
jzretclien.kaeliler@dahl2.wa.gov
cc. Kris Miller, THPO, Skokomish Tribe
Bill White, Archaeologist, Lower Elwha S'Klallam Tribe
David Brownell, Cultural Resources, Jamestown S'Klallam Tribe
Stormy Purser, THPO, Port Gamble S'Klallam Tribe
Lys Burden, Native Connection Action Group
EXHIBIT 2
U. S. DISTRICT COURT, TACOMA
�. 9 2 13
MANT
EXHIBIT
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ADMITTED
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EXHIBIT 2
1 UNIVERsay OF WASHINGTON PUBLICATIONS E
IN
A 'MROPOLOGY
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VOL I, No. 5, pp. 171-3I4 January, 1927. E
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KLALLAM F- T'HNOGRAPW
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UNIVERS= OP WA3HNC TON PRESS
SFIIME. WASM140TON
1927
y
•
PREFACE
The material presented in this paper was collected in the field under the
, -, ppkcs of the Department of Anthropology of the University of Washington.
.1Ithough there are some notes on almost every phase of life, the sketch is far
h,,m complete. Some features of the old culture have disappeared so com-
Fdetoy, that it may not be possible to obtain more than is recorded in this first
tkctrh, bvt in others there is still a rich field for further investigation. 1~or
,lie sake of readability I have presented the account in the historical present so
far as possible
The field work was done during the winters of 1924 and 1925 with a final
trip in October, 1925. The best material was secured at Jamestown, Wash-
iigton Harbor and Esquimalt. The principal informant was Robert Collier, a
rs"itlernt of Jamestown who was living temporarily at Washington Harbor, the
native vilfage of his family. He is Klallam both on his fatlices and his
mother's side. At Jamestown some information was secured from John Cook
who is especially well versed in fishing and hunting techniques, On the subject
of woman's occupations including the preparation of food, Mary Wood of
Janiestown gave excellent information. At l squimalt work was resumed with
Ars. Robbie Davis, who several years ago proved an excellent narrator of
14-tales. All these people are very willing informants and anxious to cooperate
with me but their knowledge of the old life is very limited.
An effort has been made to incorporate in the paper all the available liter-
ature on the Klallam. The principal sources are Vancouver, Kane, Eells and
0itenl�s, with some material from Curtis. Both dells and Gibbs are difficult to
because their material deals with Puget Sound in general and very few
ients refer to the Mallaui in particular. Comparative notes have been
added to those sections of material culture that are full enough to offer a basis
for discussion, The social and ceremonial phases of life will be dealt with in
a separate paper which will attempt to trace.the diffusion and transformation
of these features among the Coast Salish tribes..
The phonetic scheme used is the simpler system given in Phonetic Tran-
scriPtiwi of Indian Languages.,- The vowels are those given on page three of
the pamphlet with the exception of Z which designates the obscure *owes. The
exceptions in the consonants are:
I surd lateral
x velar spirant
n nasalized n
ss double initial consonant indicates excessive length,
The exclamation after a consonant is used for the weak fortis. Diphthongs
are pronounced as in English.
9RNA GtitvxxM
Seattle, Washington.
July 1, 1926.
1 See bibliography.
173
•
1
KLALLAM ETHNOGRAPHY
INTRODUCTION
TERRITORY
The Klallam, who call themselves Nuxsklai'yem,s "strong people," formerly
occupied the southern shore of the Strait of Juan de Fuca frorn the mouth of
tlic Hoko River to Port Discovery Bay. The villages were situated along the
, lhore with the exceptioa of the upper Mwah group who lived about twenty
miles inland on the 41wah River. Within this stretch of territory there were
the following villages: (See following page 178).
Eells mentions a Klallam village apposite Seabeck which was formerly
inhabited by about thirty people of whom all but a dozen had in his day moved
to Port Gamble to work in the mill.° The place opposite Seabeck is Brinnon,
a favorite fishing station of the Kialiam; s❑ it seems questionable whether this
settlement ever was a permanent one. Curtis states that there were Klailam
settlements on the upper west coast of Whidby Island and on the southern
shares of San Juan and Orcas Islands.° These have never been mentioned to
me. The locations are directly across the Straits from the Klallam territory
and may at some time have been fishing stations.
Vancouver in cruising along the southern shore of the Straits is everywhere
impressed by the a sgnCe of inn-abita?7ls. I'll Mgrds tbgt at Dungeness there
were only a few rude huts, mats being thrown over forked sticks."' It is diffi-
cult to offer an explanation for this because any one of the three. village sites
at Dungeness would have been visible from the water. It is readily conceivable
that the inhabitants might have been away, but where were the houses? Like-
wise at the entrance of Port Discovery Bay, Vancouver saw a deserted village
with houses capable of holding about one hundred people. The houses, which
Vancouver describes as resembling those of the �Tootka, looked as though they
had not recently been occupied.=1 Again at Port Townsend he finds a deserted
village that bears no signs of recent occupation." This may have been the old
Chemakum village. It is act Imawn just when they were finally defeated -by
the Klallarn, but the late eighteenth century is, according to the meager evidence
we have, not too early. As to the general uninhabited condition of the shore,
Vancouver probably passed at a time when the Klallam were away on food
gathering expeditions:
At the present time there are K1aIlam still living at all of the sites is the
first list with the exceptionrof Dungeness aad Port Discovery_ In addition to
' F ells, (a). �. The 'Ni�fP�• cag themselves duosWib and the Skoira. �'sh: caII
them dusla%ba (Sprier, perso:lal ca=nnirati=).
3Et11s, (a), 607_
' ca, .is, ZK, Z?
sr ,•�.,�y�� -arc
r
it t.l:.l`GiIVCYr �.
le L'snca�er, ?33. `
177
EXHIBIT
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178 Usti"rslty of Washington Publications in Anthropology
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EXMRIT 2 Gun
; e4c ancient villages there
:•:,i and Little Boston. T1
r,i.lenced by the history c
The villages at Beecher
-..ere settled by MaIlam frot
+c.trs ago. A group led by i
Y;x, ivcs started out from P.
;.lace which of course, must
Beecher Bay in Sook,
:.;nl; there a few years a qu:
CS rt�erluetttly the whole .color
returned, the chief and his bt
prother was sentenced to ter
-logry at the treatment accord
=, y found their old villages
A f t:q to"os on the other sid
:ail 1998 when all the men
:'::c women soon scattered, m.
} ;:cally deserted. The village
r1trcption of two, were small
-;i_ht estimate that the village
rI few years before 185(
s`.:ays went to Lummi territor,
•r::rriecl with Lummi and rece
• • rc.ticil."
"Fare (p, 223) may be rcferr
,, =s unlikely:
.,%& i was desirous to coast ro
res, 1 rmpployed Chea-clash the ht
t;alt Iiarborl and four of W
0 the straits in his canoe^ aad
r'.••-ut to o'dock, running up the cu.
lllaro Strait] to the main land
rwarcix found. LitLwee[1 five or
1i in an attitude appa,entIy host.
ittarked the year he.ore at the
t r lead no sooner approached
-? iC7 :lttir middles in water, and sci
i •' err. and inquired what we ti;•a•uted,
•' cf. who im;ncdiately stepped fo:-sv
It is to visit all the India".
��rriors, Ifc .oak me to his lodge, i
x+td rnmmcnced my drawing, In
<::•l hald no more, thg people darn
i :l:c supports, to which they clu
„n upntt us. Look which way 1 co
'It rrtl and white mud
f ir.,sliIy Finished my slcctch (of t
`r citirf a Plug of tobacco for his t
• =.3f re
It would scum in the first place t
". for this is obviously a hostile -
,7 i Gunther, .0allaku Ethnography
179 EXHIBIT 2
c ancient villages there are two of modern o^igin in this district, Jan:es-
n and Little Bastart. The manner in which all these villages were settled
evidenced by the history of their new settlements of the nineteenth century.
The villages at Beecher Bay on southern Vancouver Island, for example,
,crc settled by Mallam from Port Angeles approximately sixty to sixty-five
ago. A group led by Y`o'Icurn, the clue£, and consisting principally of his
,ei,gives started out from. Port Angeles to look for a suitable place to live;
place which of course, must have good fishing grounds. They found the shores
alit I seeker ]lay in Sooke territory unov;:ppied and settled there. after
;t;� there a yew years a quarrel arose in which a Ir.1a11am killed some Sooke.
„u.c�ucntly the whole colony went back to Port Angeles. Soon after they
t,krr�ed, the chief and his brother were falsely accused of theft. The chief's
to ten years' imprisonment and so the whole group,
her was sentenced
,rnry at the treatment accorded these men, returned to Beecher Bay. There
found their old village site, Tci:a'riux, occupied by `Frtt'tes, so they settled
lltqla"os on the other side of the bay. This group continued living there
..;,til 1898 when all the men of the village were lost on a sealing schooner.
'r lte tvomen soon scattered, marrying into other tribes. Now the place is prac-
.A giv deserted. The village at Tcia'nux had thirteen houses which, with the
%ccption of two, were sinall structures occupied by only one family. One
,,,i& estimate that the village had a populatbon of about seventy-five.
A few years before 1850 a group of Mallwn from Clallam Bay, who
;,svtsys went to Lummi territory to fish, settled there near Marietta. They inter-
�,;,61ied with Lurnmi and received allotments there when the reservation was
�s�7fCd.rs
t' Kanc (p. 223) may be referring to this settlement in the foliowing passage, though
:s ssnlikeiy
As I Avas desirous to coast round the Straits of De Fuca and visit the tribes on its
:ices, I enployed Chea-clash the head chief [of the "Clal-1•ams" opposite Fort Victoria on
".ilnirnalt liarlsorj and four of his people to talte the and the interpreter of the fort
,e„l the straits in his canoe; and or the morning of the 6th of :bfay (18473 Ave s:artud,
...a 10 o'raoa, running up the east s€de of Vancouver's Island, and crossed the canal De
Iry [waro strait] to the main land. 4n nearing an Indian village, which contained, as I
,ftuivarrls found, between five or six hundred Indians, they came rushing down to the
srli in an attitude apparently hostile, and as the boats of the exploring expedition had
�c+s attacked the year before at the same place, we naturally felt some apprehensions for
'Air F.trety.
X had no sooner approached tho shore than a dense crowd surrounded us, lvadirg
up to their middles in water, and seizing our canoe dragged us all high and dry upon the
2rrrc, and inquired what we hunted. I replied, that I would explain my business to their
wisp imMediateiy stepped forward in a friendly manner. Having told him that ray
',,+tress was to visit al[ the Indians, and to take likenesses of L%e head chiefs and great
aarrioss, he rock me to his lodge, evhera I seated myself on a mat with him in front of
-a and tammeuced my drawing. In a few minutes the! place was crowded, and when it
:casld hoist no more, the people clambered to tine top oa the lodge, and tare off the mats
horn the supports, to which they Clung, one upon another, like a swarm of bees, peering
'.vsr,z upon tits. (rook which way I could it seemed one solid mass of hideous faces, daubed•
Witlt red and white mud.
1 hastily finished my stretch iof the chief of this place] and hurried away, first giving
',c rlyief a plug of tobacco for his civility. His came was Chea-clack, chief of the Clal-
i�,e�s."
It would seem in the first place that the last reference to the name of the chief is an
error, for this is obviously a hostile village, and Chea-clash is his guide, not the chief of
[
As
180 University of Washington Publications in .4ntdt��T riz.,,� 2
�.
li}�}
There are also a ifew Xlallam on the north side of the Straits;; so2ite
Esquimalt and others at Saanich, Sooke, and Beecher Bay. Those at
malt and Saanich have married with the Songish. At Beecher Bay there'%
Tr
a few descendants of the old K1aIlam villages Tcia'nux and Mq V'os, l a;,
liI sllasn a
mentions a village of "Cial-lures" opposite the Hudson's Bay Compa;,y's lur
t,1;i11zlu I3
Victoria at Esquimalt's Although I have made no direct inquiries about sLct
Rmd 1-10
a settlement I feel certain that he has reference to a Lkttng>1n group, probab]r
the Qsa`psi rm Bens whose territory this was.18 The present day K1alIanl uh�,
l.laczit
are scattered through this territory have no tradition of a village of their our, =
14,rt Arlo,
in the neighborhood.
t,trr,e,tuw
Jamestown, called by the Klallam Nuxia"ante, white l-irs, was founds+,
�%%J! hingt+
about 1875 when the whites asked the Indians to leave Dungeness, The Indian,
11ort Disc
under the leadership of their chief, Janes Balch, bought a tract of Iand alcnq
1°ort G:rr+'
the shore for 5500. 'It was surveyed and divided among the families accortlinn
1,,,cclicr I
to the amount they had contributed to the purchasing price. The settlers at
gcattered
Jamestown were principally from Dungeness with a few families from
;J,okoniis'
ingtan Harbor and Part Discovery.
Little Boston was settled by Clallam Bay and Elwah people who stoplx,]
port Lud
to work at the saw mill in Port. Gamble when they returned from the &sh'1,3r
port ToN%
season on Hood Canal. They came to the mill late in November, The €arol
they occupy oeIonga to the mill company but since they are still mostly in tltr
employ of the company they are permitted to live there. The village is called
With
Nuxq 61.4
�;❑istically
POPULATION
'I'lris lifts
ill a lingt
The only towns of which definite present day census have been securml
are Jamestown and Washington Harbor" At Jamestown in 1925 there art
following
1€ owe So
thirteen houses with seventy-five occupants. In a census taken in 1879 Ecv%
ttr<ros I3aI
reports one hundred residents at Jamestown. The village at Washington
Fraser R
Harbor had nine houses sheltering forty-three people in 1880. In 1923 a cersu+
Kawitshil
was obtained from the school teacher at Jamestown who listed 296 I allani
nre the c
residing in three localities, Jamestown, Elwah and Clallam Bay. This census
of Juan ,
may be approximate.
G'tbb
The total number of Mall= was 1500 or somewhat less. The earlim
ivlation c
census is that of Captain Wilkes in 1841, who counted about half the tribe. ]n 4
lest n in 1
1845 the Hudson's Bay Company made a more complete survey. Before the
attempts
signing of the treaties of 1855, Gibbs counted the native population, In 1862)
with the
the census was taken for the Commissioner of Indian Affairs. The following '
The
table gives a surnmary of these figures. They fluctuate to such an extent as (0
rtnd the
indicate the haphazard work done in every case.
understat
this place. Furthermore by CIailum, Kaue means the people opposite Fort vict)r:a On
77I-ja1;
Esquimal: Harbor, i. e. the LkufiVm_ He mentions all the other groups in the vivai:y of
sa 3?cll,
Victora'hut not 6e I.l,-aon, by that name or any other. Later he also calls the penile
Eell
at I-ch-nus, Clallfam (p. 229).
=0 Eel]
�a Kane, 209.
- Curtis also doubts that this was a Mal€ash village.. He believes that ibcy -,;m
=1 130a.
xa Tol,
Sooke (Curtis, IX, 19).
2a Gibl
E
0
t ;,,271 Gunther, Klallam Ethrwgraphy 181
TABLE OF POPULATIO\ OF THE KLAI,&Alt TRI13E
1841 1845 I855 1862 I8781,,188120 1885 1923
!,n;e Tribe --------- ___ -4201r 1500 92618 1300 597 485 ____ 296
:;!allam and Chemakum___ __-- _- — -- --__ 550 ____ 380
r :,Ilaln hay - 45
and Hoko River _..__ � __ ... _ -r 40 3 _--_ ----
Art__-___------__-___ s,.a_ __-- 30 24 ---- ----
--------- --------- -75 67
.'..art Angeles----------- -- =ems- _-- ---- 35 57 ---- ----
I:,ru��to�wn-------------- ---- -- __, . _-- 100 86 ____ 75
hington Harbor ------ ---- ---- --- ---- 43 IS ---- 20
rt Discovery----------- ---- --_- 40 22 ---- ----
- rt Gamble---------- ._ _ ____ . ..__-- ca.100 96 --__ ..___
.Xl,er .Day---------75 ---- ---- ---- ---
:,,,ticred in Brit. Colum.__ 73 62 '
.-,,komish Reservation---- __-- -__ ---- ____ 6 _
10
' i'„rt f.udlow------------- _- 6
Townsend ---------- ---- :�_ ____
r LINGUISTIC AND CULTURAL RELATIONS
Within the Coast Salish group the Klallam are most closely related Iin-
io,tically to the Saanich, Sorigish, and Sooke of southern Vancouver Island.
f,N Itas also been established by Boas?x Tolmie and Dawson place Klallam
r, a linguis is subdivision of Salish which they call Kawitshin, comprising the
!lr,tiving tribes. Tlahoos of Bute Inlet, Seshal of jervis Inlet, Skwamish of
l ,xc Sound, Miskwiam at the mouth of the Fraser River, Simiamo of Semiah-
R,� Day, Kwantlin and Tshitwhyook of the lower Fraser River, Pilalt of the
''roier River, Kowmook of Comox, Vancouver Island, Nanoos, Snanaimook,
ti:,�vit;hin (proper), Sarntsh, Songis, Sok of Vancouver Island.22 The Klallam
irc die only tribe of the group residing on the southern shore of the Strait
41t,an de Fuca.
? =ilibs in his vocabularies of Klallam and Lummi shows the close dialectic
;elalion of these two Ianguages, both using very frequently a nasalized n (writ -
;a i1 in this paper). He also mentions the fact that in one of the very earliest
,rtenipts at Iinguistic classification in this area, Dr. Latham grouped Klallam
vdth the 9hewhapmukh or northernmost Salish dialects.25
The Klaflam themselves recognize their linguistic affiliation with the Lummi
rill the people of southern Vancouver Island. They also claim that they can
urrdor tnnd Swinornish and Skokomish, but are aware -that these languages
1711alf of the tribe.
11 I;ells thinks this estimate is too low (Ee115, (a), 612).
1' C,etts, (a), W-609.
a"riells, (e), 35.
_11%as, (a), 563•
"Toimie and Dawson, 119b-120b.
0
182 University of Washington Publicaticns in Anthropology {Vol, !EXHIBIT 2
differ dialectically from Eneir o%vn. On account of intertribal marriage m,
frequent visiting many Malian can, understand and speak ltlakah gad Chem.
alum, both languages of other stocks.
Culturally as well as linguistically the IClallam are most closely related to
the Salish groups of southern Varxcotzrer Island, although it seerzs that ir.
l�iallam villages are to
every tic=ay their culture is much Iess developed, Those features of eultun
.)it and having a sufl
which do not also occur among the tribes on Puget Sound can easily be trace!
al'«.g'a`nu:c, a gro•
,. d a
to Vancouver Island origin. Most prominent among these is the secret society
railer!
and tivitl� the {
with its attendant social significance. The entire social outlook of the Mail1zZrlow
side of the l
is a reflection of the social scheme of the Vancouver Island Salish, the N4otha
•,I:itatl tribes have,
and more remotely the Kwakiutl. In marry instances customs have been adoptcd
Since the villages are
without any knowledge of their real origin_ Qn the material side the Mallam
activity is not'very g
resernb€e more closely the Sound groups in that they lack the it," development
.1�,�,r
canoe is landed and 1
found to the north. Their manufactures lack the finish and decoration that
ttie
f,y,l, especially clams. C
distinguishes the typical North Pacific Coast tribes. There seems to be no
or set up on posts
feeling for design such as there is to the north. On the whole their manufac-
;;round
During a t€atch. the
tures were limited strictly to the most essential household utensils. Even such
important
ar and ar
tugs of war
articles as the larger canoes were bought from the �altah or from
fjorlr the secret
the Vancouver Island peoples?+ In discussing the subject of decoration of ..
"The
of
than rfr,
fire society watching frc
clothing my informant said, Klallam did not ease for pretty things; all
<�f
distribution gifts,
they wanted was enough. to eat and to be ready for war." Whether this is a
i11e
er
tipeal�cr and helpers starzdi
true expression of their ,philosophy is open to question, but it is worth record.
ing
;tsseznblcd below waiting b
as an opinion.
,Suxtc11CW1 in, the old
tutivn. About 1880 it con
1;tr;;cst of them being the
chief. The houses nest
1, om1crly there was a bro
-
to the beach from the bluff
place for the novices duriv
ilig the week of seclusion
practise the ritual and lea
opposite the village was a
A tidal pond was formec
congregate. On this spit
saadspit, northwest of the
.
were built or canoes cant:
To the left of the tr:
of land in front of the la;
class of people lived. VVl
master, they were sent t,
houses were very small a
- young bloods of the uppe
lift the roof from one of f
24 Compare Vancouver's description (Vancouver, I, 252, 253).
'- Wherever a village had a
C.
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i EXHIBIT 3
i
Special Master
Robert Cooper
►f1.:F 1�
{
— ,yFKrUIVED
I (7%}
111(l51 71 ()IT
9 S r TOP. rriiar
UNITED STATES- DISTRICT
WESTERN DISTRICT OF WAS
UNITED STATES OF AMERICA,
et al.,
CIVIL NO. 9213 - Phase I
Plaintiffs,
HOOD CANAL AGREEMENT
V. ) BETWEEN SKOKOMISH INDIAN
TRIBE, PORT GAMBLE BAND
STATE OF WASHINGTON, et al., ) OF KLALLAM INDIANS, LOWER
ELWHA BAND OF KLALLAM
Defendants. ) INDIANS AND JA.MESTOWN
BAND OF KLALLAM INDIANS
The Skokomish Indian Tribe, Port Gamble -Band of Klallam
Indians, Lower Elwha Band of Klallam Indians and Jamestown Band
of Klallam Indiang" [hereitia-Eter referred to as "the Stipulating
Parties"] agree. as fcallQws:
I.
PURPOSE OF -SETTLEMENT
I. The purpose of this Hood Canal Agreement is to achieve a
mutually acceptable settlement among the Stipulating Parties of
the following litigation:
A. Request for Determination Re: Primary Right of
Skokomish Indian Tribe in Hood Canal Fishery, filed June 17, 1981
(hereinafter "Skokomish Primary Right..case" )_.
Hood Canal Agreement - 1
LA- OMC-2 OF
kitci WIRE,LEMIIS.GOLDHARH
& SCHORR
O00 HATN.NO OCILOINO
3"TTL1.WAMINOTON Qe--
RQe1 ezz•oaa7
1
2
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8
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261
• 0 EXHIBIT 3
B. -Request for Determination: Port Gamble Klallam
Usual and Accustomed Fishing Areas, filed August-11, 1978
(hereinafter "Por£ Gamble Klallam U and A case").
C. Request for Determination: Lower Elwha Klallam
Usual and Accustomed Fishing Areas; filed August 11, 1978
(hereinafter "Lower Elwha Klallam U and A case").
2. It is the intent of the Stipulating Parties to confirm
and preserve the-pre=treaty historical relationship between the
Clallam and Skokomish (or Twana) peoples concerning fishing
rights in the Hood Canal fishery. Because of their close inter-
tribal relationship and the fact that historically the Skokomish
Tribe and the Klallam Bands have been able to share the Hood
Canal fishery resources on a mutually acceptable basis, the
Skokomish Tribe and the Klallam Bands have.determined that the
best course for them is to settle any differences between them
regarding fishing.in,Hood Canal by this Agreement rather than by
further litigation.
II.
BASIS FOR -SETTLEMENT
3. The Skokomish Indian Tribe filed its request for deter-
mination of: its primary right, in the. Hood, Canal fishery on
June 17, '1981. In'that praceeding the Skokomish Tribe seeks a
determination that its."treaty fishing rights in Hood Canal and
all the rivers and streams draining into the Canal are primary to
Hood Canal Agreement -.2
.-„omemar
WrcrwIRE, LEWIs. GOLDu.LRS
& So808R
000 K vx m B===Q
sr+tTLe, Ww=awrow 9&0+
1
2
3
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8
9
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26
i EXHIBIT 3
the rights of any other tribe which has or claims to have usual
and accustomed fishing places there." Skokomish Tribe's Request
for Determination Re:- -Primary Right of Skokomish Indian Tribe in
Hood Canal Fishery. The Skokomish Tribe also asserts in this
proceeding that its primary right "includes the right to regulate
or prohibit fishing by other tribes in Hood Canal and all rivers
and streams draining into it." Id. The Port Gamble Klallam
Band, the Makah Tribe, the Tulalip Tribes of Washington, and the
Suquamish Tribe objected to the Skokomish Tribe's primary right
request.
4. The Skokomish Tribe's primary right request was ini-
tiated to protect the Tribe's vital interests in the Hood Canal
fishery. Since time immemo-rial; members of the Skokomish Tribe
and'its aboriginal predecessors have relied for their livelihood
on the Hood Canal fisiiery. Today the Skokomish Tribe continues
to be entirely dependent on the Hood Canal..fishery for its catch
because it has no established usual and accustomed fishing places
outside Hood Canal' acid 'th'e"rivers and streams draining into it.
Historically, sub$tantial numbers of Clallam Indians have also
fished in Hood Caffal acid —I -rivers-aW'str ams draining into it.
Today the Klallam Bands, and particularly the Port Gamble Band of
Klallam Indians, continue to. -have a strong interest in access to
and protection of..the Hood Canal fishery.
5. The Stipulating Parties agree -to the entry of the
following fi-ndi-igs -of fact to suppo* t"this agreement:
Hood Canal Agreement -'3
1 w Orrice. or
WIcKwiRE. Lews. GozzmARS
& SCHORR
DOD MAV V.= Botzal"
SLr"x.W..e.rorox WORD&
EXHIBIT 3
1
2
3
4
5
6
7
12 1
13 1
14 1
is
16
17
18
19
20
211
22
23
24
25.
26 1
A. on and before January 6, 1-855, the date the Treaty
Of Point -No -Point was executed by its signatories, the
Skokomish Tribe, through its aboriginal predecessors the
Twana Indians; -exercised legitimate territorial control over
the Hood Canal -fishery, including Hood Canal and all rivers
and streams draining into it. This territorial control was
the product of: (1) the proximity of Hood Canal and its
drainage basin to the winter villages and summer camping and
fishing grounds of ,the Twana people; (2.) _the high, frequency
of use of 'the '$ood -Cana1 aril the rivers and streams draining
into it by the Twana Indians; (3) a contemporary conception
among the Coast Salish Indians (of whom the Stipulating
Parties are constituent groups) that Hood Canal and the
rivers and streams draining into it were legitimately in the
possession of the Twana people and subject to use by others
only upon invitation and permission given by the Twana; (4)
behavior of the Stipulating Parties consistent with a mutual
recagnitiaft that the Twanas controlled.the Hood Canal
fishery, including Hood Canal and -all rivers and streams
draining into it.
B. The Clallam Indians, the aboriginal predecessors of
the Stipulating Klallam Bands, and the Twana Indians enjoyed
a strong and cordial relationship at and before treaty time.
This relationship was unique -in degree to the two peoples and
Hood Canal Agreement - 4
LAw Orrtees or
WIcKwi.gE, LEWIs, GOLDMARK
& SCHORR
Goo MATN"s BUUMING
Sr TT Z,WAO.UKMW 08104
•• 1 • • EXHIBIT 3
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9
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26
was founded in a"common culture, mutual- respect and admira-
tion, and resulting marriage and ritual ties. The Clallam
villages were situated at the mouths of rivers draining into
the Strait of'Juan de Fuca. Each year significant numbers of
Clallam Indians would travel from their villages to sites on
Hood Canal to fish with the Twana. Most, if not all, of
these Clallam visitors _were-mat-fi< a.-ielahives of Twana
Indians. The Clallam who fished on Hood_CanaL did so with
the understanding that the Hood:__Canal fishery was Twana
territory. There is no. evidence.that the Twana people ever
attempted to, or did, exclude Clallam fishermen from the Hood
Canal fishery, or that any need to do so ever arose. Because
of' their shared culture and the perceived importance of
favorable relations between the Clallam and Twana peoples, it
is likely that the Twana people welcomed and affirmatively
encouraged Clallam ' fr.iends and marriage relatives to come to
the Hood Canal area for fishing, as well.as for socializing
and ritual activities. The Clallam reciprocated by inviting
Twana people to their villages as guests and relatives.
6. The Stipulating Parties hereby agree.to the introduction
and consideration by the Court of the following evidence in sup-
port of the above -stated findings:
A. Dr. Barbara Lane; "Anthropological Report on the
Identity, Treaty Status and Fisheries of the Skokomish Tribe
of Indians," Exhibit USA 23;
Hood Canal Agreement - 5
Ir Orrui. or
WICKWIRE. LL-wrs. Go=bc4 K
& SCRORR
ZM M&TKA a MUZZ5=0
SrArr=.W.wairomx 98104
L-06 092.0603
I
1,
2
3
4
5
6
7
8
9
10
11
12
13
14 1
15 1
16 1
17
18
19
20
21
22
23
24
261
• EXHIBIT 3
B. Dr."Barbara Lane, "Skokomish Usual and Accustomed
Fishing Places in Hood Canal: A Supplemental Report"
(February, 1981), filed on June 17, 1981, as Exhibit A to
Skokomish Tribe's Request for Determination herein;
C. 'Deposition of Dr. William W. Elmendorf
(February 25-26, 1982), taken and lodged herein;
D. Dr. William W. Elmendorf, The Structure of Twana
Culture, Monographic _Supplement No._..2; . Research Studies,
Volume 28, No. 3 (September 1960)' (with comparative notes on
the structure of Yurok culture), attached to the deposition
of Dr. Elmendos£ as Exhibit 2;
E. All primary and secondary sources to the extent
referred to in.the foregoing documents.
TERMS 4F THE .AGREEHlENT-
In consideration of the mutual promises contained in this
Agreement, the Stipulating Parties hereby agree as follows:
7. A. The Skokomish Tr-ibe has -the primary right to fish
in the Hood Canal fishery. As used in this Agreement, the term
"Hood Canal fishery" includes -all waters -of the Hood Canal south
of a line drawn between Fo.ulweather Bluff.and Olele Point, and
all rivers and streams draining into -Hood Canal. The primary
right of the Skokomish Tribe is an aboriginal right of that tribe
confirmed and preserved by the Treaty of -Point -No -Point (12 Stat.
Hood Canal Agreement - 6
L,. OrMz9 or
WicKwmE. LEuzs. GommARK
& SCRORR
000 MATNA110 Duummo
SewTrse.WaOe:ROrOof 98104
ftwel ace-oeoo
�.'�. I • • EXHIBIT 3
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Is
16
17
18
I9 1I
20
211
22
23
24
25
26
933). (See United States v. Lower Elwha Tribe, 642 F.2d 1141
(9th Cir.), cent. denied, U.S. , 102 S. Ct. 320 (1981).)
B. Because of the close relationship that exists and
has existed between the Skokomish Tribe and the Klallam Bands and
because they have traditionally fished together in Hood Canal
sharing the fishery resources in a mutually acceptable manner,
the Stipulating Parties further agree that north of Ayock Point
on Hood Canal the Skokomish Tribe and the Klallam Bands may exer-
cise their respective treaty fishing rights -without any limita-
tion or control whatsoever by any of the Stipulating Parties,
except as the Stipulating Parties may mutually agree by compact
or otherwise. The Skokomish Tribe specifically agrees that it
will not, under any condition or for any reason whatsoever, exer-
cise or seek to exarcise its primary right on Hood Canal north of
Ayock Point, or on the streams and rivers draining into Hood
Canal north of Ayock Point, against any. of the other Stipulating
Parties without its or their express consent.
8. The parties agree that the usual and accustomed fishing
grounds of * the- Port Gamble Band and ''tower Elwha Band as set forth
in the "Corrected Order Re: Request :for Determination of Port
Gamble and Lower Elwha Usual and Accustomed Fishing Places" filed
October 28, 1981, be revised to: --exclude the Skokomish River and
all of its tributaries from Klallam usual and accustomed fishing
areas. The intent of the parties is -..that the Klallam usual and
Hood Canal Agreement - 7
La. Cameo. or
WICKWIRE, Lewis. GOLDMARK
& SCHOaR
500 M-VK"W Ep1Lvole
5 u-r ilC, wwp rslxnTox 6fl 10i
M06) age-sam
1
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8
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EXHIBIT 3
i
accustomed fishing areas shall include all of Hood Canal and the
streams draining into Hood Canal except the Skokomish River and
all of its tributaries, but that fishing in Hood Canal and the
streams draining into Hood Canal shall be subject-to.the primary
right of the Skokomish Tribe a-s set. ,forth in paragraph 7 of this
Agreement. To that end, the parties agree -that findings of fact
341 and 342 of the Court's.October 28, 1981, order be revised to
read as follows:
341. ' The usual and accustomed, fishing
grounds of the Poi~t Gamble -Band 'of Ila31am
Indians -include the waters of the Strait of
Juan de Fuca, and all.the streams draining
into the Strait from the Hoko_ River '.east to
the mouth of Hood Canal. fit addition, the
Port Gamble Klallam" Barid has" usual and
accustomed fishing rights to; the.Sekiu.River,
but the fishing on this river shall be subject
to the -control an regulation of the Makah
Indian -Tribe. -Furthermore, the usual and
accustomed fishing grounds of -the Port Gamble
Klallam Band include the waters of -.the San
Juan Island archipelago and the waters off the
west coast of Whidbey Island. The usual and
accustomed fishing grounds of the Port Gamble
Klallam Sand also* -include Hood Canal and all
streams draining into Hood Canal except the
Skokomish River and all of its tributaries.
342. The usual and accustomed fishing
grounds of the Lower Elwha Band of Rlallam
Indians include, in addition to those deter-
mined in the Order of.April 18, 1975, 459
F. Supp. at 1049, and the Order of March 10,
1976, 459 P,* Supp. "at 1066; the waters of the
San Juan'Islatid archipelago and the waters off
the west coast of -Whidbey Island and Hood
Canal and all streams 'atain3ng' into Hood Canal
except the Skokomish River and all of its
tributaries.
Mood Canal Agreement - 8
Uw Orrlces or
WICKWIRe. LSWIs. GOIIDMARK
& ScHolat
aaa M.".na Bolo no
Sew7TL01Wu.(M0TOR 98104
Mai CBS-BCOO
1
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26
E
EXHIBIT 3
9. The parties recognize that the Jamestown Band does not
yet have adjudicated usual and accustomed fishing areas and are
currently fishing pursuant to an interim order. The parties
agree that while fishing pursuant to any interim orders, the
Jamestown Band's treaty fishing rights in Hood Canal and the
streams draining into Hood Canal shall be as follows:
The usual and accustomed fishing grounds of..
the Jamestown Band of.Klallam Indians include
Hood Canal and' all streams -draining into Hood
Canal except the Skokomish River and all of
its tributaries.
Nothing in this parag-raph shall- have the effect of waiving or
qualifying any objection to the final determination of usual and
accustomed fishing area's of -'the Jamestown Band by any of the
other Stipulating Parties._
10. Resolutions of the governing bodies of the Stipulating
Parties are attached hereto in support of this Agreement._
Dated:
airpe on, o omis i a
Co uric i 1
z
Dated: 0(2 R21�v
Chairman, Port Gamble
Rlallam Band
Dated: —
Chairman, Lower E w a
Rlallam Band
Hood Canal Agreement - 9
WICKWIRR.Lewis.GOLDMARK
& SCHORR
500 H.irn.a0 SUZZA11 a
S..f?u.W=kOTM paws
Moto 682-9603
'�. II . • EXHIBIT 3
1
2
3
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9,
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-25-
26
Dated:
C aY an, Jamestown
Klallam and
Dated: 0cLze- 21 , l Q t z—
Presented by:
EISENHOWER, CARLSON, NEWLANDS,
REHA, HENRIOT & UINN
By
Michael R. Thorp"
Attorneys for Port Gamble
Klallam Tribe
WICKWIRE, LEWIS, GOLDMARK
& SCHORR
Dated: /� /1 �9'�Z By ,t/ a;
/,
Gregory M. OILary
Attorneys for Sko ish
Tribe [on Skokomish Tribe's
Primary Right Request]
Dated: 7 e Z /
SteAp en V. 4uesen erry
A torney for Skokomish
Tribe [on Port Gamble. U&A
Request]
(The United States will file a separate statement on the
forecgokng AgreaH6e it. ] __
Dated: �� Z
to en 1C. (Str6n§
Attorney for Jamestown
Klallam Band
Hood Canal Agreefaent - 10
L. 0"sms w
McKwmz, LEWIS. GOLoMARK
& S-CH08R
000 MLrw.wO Huzsaapo
ss.rias.W.aw,wurew OW04
EPZ-9003
10
1
2
3
4
5
6
7
10
S
I1
U
14,
is i
17
10
h
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_ -HJ.BIT 3
_wi D6 Gi 1
RECOMMENDATION OF SPECIAL MAST Y
Pursuant to the authority conferred upon me by the Amended
order of Reference to Special Master (Primary Right of Skokomish
Indian Tribe in Hood Canal), entered herein on June 13, 198 2, I
have reviewed and hereby recommend that the Court approve the
foregoing Hood Canal Agreement to the extent it concerns the pri-
mary ri§ht of the Skokomish Tribe in the Rood Canal fishery in
relation to the Kl.allam Bands named in the agreement.
The matter referred to in paragraph 8 of the mood Canal
Agreement (dispute concerning location of Klallam usual and
accustomed fishing places in the Hood Canal fishery) has not been
referred to me and is presently pending before the Court.
Accordingly, I make no recommendation concerning the contents of
that paragraph.
Dated Q Z
Robert E. Cooper
Special. Master
ORDER
Upon review of the foregoing Hood Canal Agreement and con-
sideration of the recommendation of Special Master Robert E.
Cooper concerning that agreement, the Court finds that the
agreement represents a fair and equitable resolution between the
Rood Canal Agreement 11
W orroafa or
WiCKWtht, LVWxa, (ip1).ti►x AXr.
& SCHORR
me 14rM�im Aa��o�a
Ono e;;. 0003 �JJti
EXHIBIT 3
1
2
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4
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10
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Skokomish 'Tribe and the named xlallam Bands of the matters iden—
tified therein* and it is therefore
ORDERSD that the foregoing Hood Canal Agreement is approved
and the terms thereof are binding upon the parties to the
agreement; and it is
FURTHER ORDERED that the United States submit are appropriate
f orm.of order to effect the revision of findings of fact 341 and
342.of the Court's October 28, 1981 Order, as provided by
Paragraph 8 of the foregoing Hood Canal Agreement.
Dated
Walter E. Craig
United States Distri t ,Tudge
Hood Canal Agreement,— 12
IAjcxwtRE, Uwk5. GOLDMANK
& sono tk
��' ti i*� + r ►� � 4 ti � s�
S /
} r
♦� ►+rJf
RL 5, Box 432
Skokomish Indian Tribe
Fisheries Bldg. (206) 877-5213 — Fire Hall (206) 877-5118
SKOKOMISH TRIBAL COUNCIL
RESOLUTION 4,182- �117
WHEREAS, the Skokomish Tribal.Council is the
Skokomish Tribe pursuant to the Constitution
Skokomish Tribe approved by the Secretary of
17, 1980; and _ .
* • 1 s
•
t r � a
Shelton, WA 98584
governing body of the
and By -Laws of the
the Interior on March
WHEREAS, at the direction of the Skokomish Tribal Council, the
Skokomish Tribe's attb.rn.ey initiated in the United States District
Court a request for determination of tbb Skokomish Tribe's primary
treaty right to fish in Hood Canal and all rivers and streams draining
into Hood Canal; and
WHEREAS, the Port-"Camljle band of Klallam Indians, the Makah Indian
Tribe, the Tulalip Tribes of Washington, and the Suquamish Indian
Tribe have all appeared in court and opposed the Skokomish primary
right request (and the_Makah Tribe has subsequently withdrawn its
opposition); and
WHEREAS, the Skokomish Tribe has opposed a portion of an order of
the court establishing the Port Gamble and Lower Elwha Klallam usual
and accustomed fishing__places in Hood Canal and on rivers and streams
draining into Hood Canal, and has asked the court to modify its order
to exclude from those places the Skokomish'River system and certain
other areas; and
WHEREAS, representatives of the Skokomish Tribe and the Port Gamble
Band_ have engaged in negotiations to;settle the disputes concerning
the Skokomish primary right and the Port Gamble and Lower Elwha usual
and accustomed fishing places, and have proposed adoption of the
"Hood Canal Agreement Between Skokomish Indian Tribe, Port Gamble Band
of Klallam 'Indians, Lower Elwha Band of Klallam Indians, and James-
town_Band,o£ K?a1_Iam-Indians" (attached to this resolution.); and
WHEREAS, the Hood"Canal Agreement provides that, between the Skokomish
Tribe and the Klallam bands, the primary.f.ishing right of the Skokomish
Indian Tribe shall extend throughout the Hood Canal fishery, but that
the Skokomish Tribe shall not enforce the primary right against the
Klallam bands north of Ayock Point; and the Hood Canal Agreement also
settles the dispute concerning the location of the Port -;rile and
Lower Elwiia usual and accustomed fishing places by providir)L t:iat the
order establishing those places_shouid be modified to exclude the
Skokomish River and all of its tributaries from the Klallam usual and
accustomed fishing places; -and
ti
•
•' -•` - EXHIBIT 3
WHEREAS, the Hood Gana-19greement does,not prevent a Skokomish
Tribe from continuing its primary right case against the Tribe's
other than the Klallam bands which have objected, and the Hood Canal
Agreement is .not binding on the Skokomish Tribe unless it is -.also
approved by the Klallam bands; and
WHEREAS, the Skokomish Tribal Council finds that the Hood Canal
Agreement is fair and just and.in the best interests of the Skokomish
Indian Tribe;
NOW THEREFORE BE IT RESOLVED, that the Skokomish Tribal Council.hereby
approves the attached Hood.Canal Agreement Between Skokomish Indian
Tribe, Port Gamble Band of Klallam Indians, Lower Elwha Band of Klallam
Indains and Jamestown Band . of Klallam Tndia4s-; and
BE IT FURTHER RESOLVED, that the Skokomish Tribal Council hereby directs
its Chairperson to excute .the Hood Canal Agreement on behalf of the Tribe;
and l'urther directs its attor.ne.ys to excute the agreement- and to -present
it to the court for approval aft.er -all .K1all.am bands have approved the
agreement.. _
C E R T I F I C A T I O N
I, Lucy Schaefer, Chairwomany-of the Skokomish Tribal Council, certify
that the above resolution -_was_ adopted at a regular meeting of the
Skokomish Tribal Council on 16 — 1 — I- -L- , 1982, at which a
quorum was present by a vote of foF and against.
r2e,e �z c .cJ
S Lucy aefer, Chair oman
Skokom sh Tribal Council
Attest:
Afane7Gouley, Secre ary
Skokomish Tribal Council
i.i"A'Alpc'FlARLFS.sR• _ EXHWIT 3
I %�r7)rrneR ; '' •.._ POr(T ANGEL ES. WA 98363
Frd Sa-.Von, Jr.
FUJIYU COOKE
xrn•�arp•Treasurer � ���4 f !� 4 j ...� � , � � �; ;
Al,= Charles ;� * fitlI�III��1S Wa if#'16 1
C�xfnr•flman •' .
ULIVER CIiARL[S.SR.
Gnef+friLffaff ' ' : �w _ -.�: • . Lr _ f
RESOU)TIM N Y-M 82-133
mom4S, the L iier Elwha,'Tribal Camainity Council is the governing body of the
Lower Elwha brand of the Mallam Tribe in accordance with its constitution and
bylaws, approved by the Secretary of the Interior on April 28, 19168 'and in
accordance with the Indian Reorganization Act of -June 18, 1934; and
MM, FXW, the Lower Elwha Mallam Tribe is.. currently .involved in the following
litigation:
1. Request for DetE�,7f76j-natzon re: Primary Fight of Skokc6ish Indian
Tribe in Hood Canal Fishery, filed June 17, 1981.
2. Request for Detelmination: TLower Elwha Klallam Usual and Accustcmed
Fishing Areas, -filed August 11, 1978; and
{MEM9S,'the Lower Elwha Klallam Ccnrmanity Council believes it to be in the
best interest of the Lower Elwha K1a11am _Tribe to settlethese matters by
agreement rather than by litigation.
KC.;, ARE BE IT RESOLVED, that the Lower Elwha Mallam Cc amunity Council
hereby approves the Food Canal Agreement between Skokcnish Indian Tribe,
Port Gamble Band of KLall9n Indians, Lower Elwha Band of Mallam Indians and
Jamestown Band of Klallam Indians, a copy of which is attached hereto and
hereby incorporated by reference.
IT IS that the Tribal Chairman or Vice Chairman is
hereby authorized and directed to execute the attached Hood Canal Agreement
oil-beha.if of the Lower Elwha-Klallam Com mity Council.
CERTIFICATION
e before mentioned resolution was adopted at a regular meeting of the Lower
Ej.-,yL•a. Business amnittee at which time a quorum Res present with a vote of
for and �[ agars chic? thi.s..day. Of
Gera!d Charles, S-, - Floy Coot/ ,e
c;haiiTnan Secretary 'Measurer
Ifli jllrl 1111]Ifl 11111r Jlj 01) r,1
THE
PORT C40OLB KLALI. M
BUSINESS CCMI=
OF THE -
PORT GAMBLE KLALLPM
commu7ITY CaMrCIL
BE -IT KNOWN TO ALL
• EY�MO A 82 A-40
WHEREAS, the Port Gamble- lnallam Indian Crmutu- i ty is organi Zed
under the Indian Reorg izetion Act of June 18, 1934; and
-
Wr3EREA5, under its _ ituti�n ar i_Ry� ws adopt August- 5, 1939
m the Cm mity Council was designated as the governing body of the Port Gamble Klallam
Indian Cam u ity; and
III. - -
WHERDAS, by resolution dated April. 22, 1956 'irhe Part Gamble K1a. l am
Cmmunity Council delegated the authority to conduct the business of the Port Gamble ulallam
Indian Commndty to the Port Gamble Klallas.,Business Committee; and
IV.
WHEREAS, the Port Gamble Klallam. Tribe is currently involved in
the following litigation: - f.
1. Request for Detera1i nation RE : Pr 1 w ry Right of Skokmish
Indian Tribe in Hood Canal Fishery, filed June 17, 1981.
2. Request.. for Determ�mt...iQn : . Fart Gamble Klallam. Usual and
Accustomed. Fishing Areas, filed August 11, 1978 and,
V.
%=AS, the Port'. Gamble Klallam Business Cannittee believes it to
be in the best .interest of the Port Gamble Al a l m Tribe to settle. these matters by agceeme_nt
rather than by litigation. - -
NOW, TH=OM, BE.IT RESOLVED, that the Port Gamble Klallam Business
Omz ittee hereby approves the Hood Canal. Agreement- between Skohmush Indian Tribe, Port Gamble
Band of Klallzari Indians— Low& Flwiia Band of 1C1aijim-'TnAi and Jamestown Band of ICLAII&+
Indians, a copy of Zjhj ah is attached bereta and hereby inoorporated by reference.
IT IS HEREBY RTFMM RSSSOLVED, that the Tribal Chine or Vice Chairman
is hereby authorized and directed to execute the attached Hood Canal Agreement on behalf of _
the Port Gamble Inallam Business C amu.ttee .
CERTIF'r-CATIO1v
WE HEREBY CEEMM that on this date there was a meeting held of the Port
Ganble Klallam Business omiiittoe of t-he Port Gamble rrA3Aai Resel-tation, at which time a
quorum was present;
WE FURTHER CERTIFY that the above numbered resolution, was at said
meeting, introduced, evaluated; and was passed by a vote of q. FOR, and _AGAINST,
Dated this 4 day of octaber 1982..:
7�onb_ d G. Charles, 'Char r mart Seca taTy
TR1IiAL BUSINESSCJLi►ARl'1 - ..:T 52ESS CavlsTrEz
EXHIBIT 3
%AMESTOWN KALLAM TRIBE
150 South 5ih Suite 2 • Sequin, WA 98382
Phone: (206) 683-1109 - (Fisheries) (206) 683-1001
Resolution ##62-82
WHEREAS, vE Jamestown'glallam Tribal Council is the governing body of
the Jamestown Ktallam Tribe in accordancd with its constitution and by-laws
adopted November 14, 1975; and
Wmwm, TBE -Jamestown Klallam 7sidi7= Tribe has been Federally acknowledged
by the Secretary of the Interior on February 10, 1981; and
WiM,AS; THE'Jan-rzesfdw; Klallam Tribal Council is responsible. for health,
safety, and welfare of ffie Jame_S a _ Klallarn Indian Tribe; and
WHEREAS, 'THE Jamestbwft'K_ La 1a' m Tribe .Ls currently involved in the following
litigation:
1. Request for Dete=gi.nativn Re: Primary Right of Skokanish Indian
in Hood Carl Fishery, filed June 17„ 1981._.
M EREAS, THE CoLmcil believes it to be in the best
interest of the Jamestown Klallam, Tribe to settle these matters by agreement rather
than by litigation.
THEREYORE, BE -IT Rn6m:b,' that the Jamestown Klallam Tribal Council hereby
approves the Hood. Carl Agreement between-Skokomish Indian Tribe, Port Gamble
Hand of Klallam Indians,'Lower Elwha Band of Klallam Indians 'anti. Jamestown Band
of i al.lam Indians, a -copy'' of ',Qhich i,s attached hereto and hereby incorporated by
reference. _.
BE IT F>rRMM RES0=, that the Tribal Chairman or Vice -Chairman is hereby
authorized and directed to execute the attached Hood Canal Agzzeernerm on behalf of
the Jamestown Klallam Tribal Council.
CERTIFICATION
The foregoing resolution was .adopted at a ueetino of the Jamestown Klallam
Tribal Council, held Sepiember jo, 1982, at the Jamestown iaallam Tribal Office in
Sequ3sn, Washington, at which time a quoran was present a�i approved by a vote of
-?.FOR and 0 AGAINST. . .__ _ . . .. . .
1 m
ft1
1 M en., Chaikiman Havrriette Admis, Secretary