HomeMy WebLinkAbout2018 05-22_ Skokomish's Black Point & Pleasant Harbor Objection (Cir. 1)State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
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 43.21C.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
of Indian 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).
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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
gretchen.kaehler@dahp.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
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Special Master
Robert Cooper
UNITED
WESTERN
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. . . . . '~!w. ~• ~ rnr:r~~r r,t"liiP.T STATES" DISTRICT Qui't.,; :.:: .. ~=~·1/_~-: ···. ·· .... :.-··~! I
DIS.TRICT OF WASft:(~.-~_-'!_\L_ -· . __ .. :-~ ... _. -._
UNITED STATES OF AMERICA, }
e t al. , )
)
Plaintiffs, )
)
v. )
)
STATE OF WASH!.NGTON, et al., )
)
Defendants. - )
) __________________ ._~~~~------>
CIVIL NO. 9213 -Phase I
HOOD CANAL AGREEMENT
BETWEEN SKOKOMISB INDIAN
TRIBE, POR~ GAMBLE BAND
OF KLALLAM INDIANS, LOWER
ELWHA BAND OF KLALLAM
INDIANS AND JAMESTOWN
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 Indians··· fh·erein·ax:ter-·referred ·to as "the Stipulating
Pa~ties"] agree-as f61I~wi~-
I.
1. The purpose of this Hood Canal Agreement is to achieve a
mutually acceptable settlement among the Stipulating Parties of
the following ~itig~tiori:
A. Request fQr Determination Re: Primary Right of
Skokornish Indian Tribe in Hood Canal.Fishery, filed June 17, 1981
(hereinafter "Skokomish Primary Right . ..cas.e".)_.
Hood Canal Agreement -~. L&w Orrac:~• or
WlCKWIRE:,LEWIS. GOLDMARK
8: ScHORR
~oo M£nc.&JU) 8t:tU>llfO
S-f1''-8,Wo\-IN070M Q~'4\4
C2QeJ 02~NI003
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B. -Request for Determination: Port Gamble Klallam
Usual and Accustomed Fishing Areas, filed August.!!, 1978
(hereinafter "Port.-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-..:..treatyo historical relationship between the
C~allam and Skokomish ~or Twan~) 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-
21 mination of its primar1 right. :ln the. Hood. Canal fishery on
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determination that its .11 treaty fishing rights in Hood Canal and
all the rivers and streams draining into the Canal are primary to
Hood Canal Agreement -.2 L&w Orrseu OP
Wrcxwu~:e.lBwrs. GoLDMARK
& ScHORR
000 M&n~ARD BWU~I.WG
SZATTJ.Z, WAUIIIOTOII VI»O.
EXHIBIT 3
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1 the rights of any other tribe which has or claims to have usual
2 and accustomed fishing places there.n Skokomish Tribe's Request
3 for Deterin1natf6"n-:-Re:-:_Primary :Right ·of Skokomish Indian Tribe in
4 Hood Canal Fishery. The Skokomish Tribe also asserts in this
5 proceeding that its primary right "includes the right to regulate
6 or prohibit fishing by other tribes in Hood Canal and all rivers
7 and streams draining into it." Id. The Port Gamble Klallam
8 Band, the Makah Tribe, the Tulalip Tribes of Washington, and the
9 Suquamish Tribe objected to the Skokomish Tribe's .. primary right
10 request.
11 4. The Skokomish Tribe 1 s primary rig_ht requ~st \Yas ini-
12 tiated to protect the Tribe.• s vi tal interests in the Hood Canal
13 fishery. Since time immemo~iali members of the Skpkomish Tribe
14 and.its aboriginal predecessors have relied for their livelihood
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on the Hood Canal fishery. -To·a·ay tne ·s..kokomish Tribe continues
to be entirely dependent on the Hood Canal .. fishery for its catch
be-cause it has no established usual and accustomed fishing places
outside Hood Canal·· ario. th"e. rivers and streams draining into it.
Historically, subetantial numbers of Clallam Indians have also
fished fn Hood ca:lfi.l·.:·a:rla-~rrt··rtve~r-s-··an:a·· ·s-treams draining into it.
Today the Klallam Bands, and particularly the Port Gamble Band of
Klallam Indians, continue ta.have a strong interest in access to
and protection of .. the Hood ·canal fishery.
s. The Stipulating Parties agr~e ·to the entry of the
following ·-findinqs ·of ·fact ·to s-upport.··this agreement:
Hood Canal Agreeme·nt: -·3 J.A)It OPtJC&II or
WICKWIRE. LEWIS. GOLDM.ARR:
& ScHORR
ooo M.r.ncAJ~D Bvu.uuro
Sz.o.TTf..B, WJ..8RUIO'J'Qif Sl8104
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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 basi~·l. to. ~h~ wiJ1te_~ v~llages and summer camping and
fishing grounds of .the ';rw~n~ peq·p·le; ( 2.) .. til~ higb.. frequency
of use of ·the ·Hooa··canal aria the· rivers and streams draining
into it by the Twana India11s; (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 ana subject to.use by others
only upon invitation and permission given by the Twana; (4)
behavior of the Stipulating Parties consistent with a mutual
reco·qni.ti:on· that the Twanas controlled. the Hood Canal
fishery, including Hood Canal ana·all rivers and streams
draining into it.
B. The Clallam Indians, the aboriginal predeces.sors of
the Stipulating Klallam Bands, and the Twana Indians enjoyed
a strong and cordi~l relationship at and before treaty time.
This relationship was unique .in degree to the two peoples and
Hood Canal Agreement - 4
~w OPr&cs• or
WJcKWIRE, LEwrs. GoLDMARK
&ScHORR
GOO H.t.TJU.a» BUU.OUIO
S&a.TT~,W.usaUtcncnc oaa04
EXHIBIT 3
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was founded in· a ··common culture 1 mutual_ respect and adm ira-
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 yea·r sfgnificant 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 _wer.e-'--mat""fi-a.~=-e:-··relaf.ives of Twana
Indians. The Clallam who fished on Hood.CanaL did so with
the understanding_ that the Hood~~-Can·al fishe·ry was Twana
territory. There is no. evidence.that the Twana people ever
attempted to, or did, exclude Clallam fishermen from the Hood
12 Canal fishery, or that any need to do so ever arose. Because
13 of· their shared culture and the perceiV'ed importance of
14 favorable relations between the Clallam and Twana peoples 1 it
15 is likely that the Twana people welcomed and affirmatively
16 encouraged Clallam· fr.iehas ·and marriage relatives to come to
17 the Hood Canal area for fishing, as well.as for socializing
18 and ritual activities. The ClaLlam reciprocated by inviting
19 Twana people to their villages as guests. and relatives.
20 6. The Stipulating Parties hereby agree.to the introduction
21 and consideration by the Court of the following evidence in sup-
~ port of the above-stated flndings:
28 A. Dr. Barbara Lane·,-"Anthropological Report on the
24 Identity, Treaty Status and Fisherie·s of the Skokomish Tribe
25 of Indians," Exhibit USA 231
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Hood Canal Agreement -5 LAw 07.1'K-&• or
WrcKWI RE, Lewrs. GoUJMARK
&SCHORR
::SOO M&nt&RZI BUU.::IJXO
SEATft.IS, WMUUillfOTOX 98104
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B. Dr. ·Barbara Lane, "Skokomish Usual and Accustomed
Fishing Places in Bood.Canal: A Supplemental Report 8
(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 r .~<?!l~ctF.a.J?n;~ _s_~EP~~~~~~. ~?. ! ... 2.; --~-~~~~r9h Studies,
Volume 28, No. 3 (September 1960} (with comparative notes on
the structure of Yurok culture), attached to the deposition
of Dr. Elmendorf as Exhibit 2;
E. All ·prim·ary· arid secondaty · sourc·es to the extent
refe·rred to in. the foregoing documents.
III.
TERMS OF THE .AGREE~fENT.
In consideration of the ·mutual pr.omises contained in this
Agreement, the Stipulating Parties hereby agree as follows:
7. A. The. Skokom~~b Tribe has. the prilna7;y right to fish
in the Hood Canal fishery. As .tJ.~ed in this Agreement, the term
"Hood Canal fishery 11 includes .. all waters .. o.f the Hood Canal south
of a line drawn between Fo.ulweather Bluf.f. and Ole1e 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
~OI'I'te&SOP
WICKWIRE. LEWIS. GOIDMARK
8c ScHORR
ooo M.'nf•IIID Bvn:.DPIO
S11.AT1'1.1:. WASI'I'UlOTOJC 981()4.
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933). (See United _States v. Lower Elwha Tribe, 642 F.2d 1141
(9th Cir.), cert. denied, U.S. ___ , 102 S. Ct. 320 (1981).)
B. Because o.f .the close relationship that exists and
has existed between the Skokomish Tribe and the Klallam Bands and
because they have traditionally fished to.gether in Hood Canal
sharing the fishery respurce.s 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 ~eaty 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. ~1e Skokomish Tribe specifically agrees that it
will not, under any condition· or for any reason whatsoever, exer-
cise or seek to exercise its primary right on Hood Canal north of
Ayock Point, or on the streams and rivers draining into Hood
Canal north of Ayoc;:k po·int, against any __ of the other Stipulating
Parties without its or their express consent.
8. The partie.s. ag·ree ~h~t the usual and accustomed fishing
grounds of· tlie Port Gamble Band-and· ·tower Etwha· Band as set forth
in the "Corrected Ord-er 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 Kla!Lam usual and accustomed fishing
areas. The intent of the parties is ... that the Klallam usual and
Hood Canal Agreement - 7
Ww~I'Zf2.01"
WICKWIRE. LewiS. OOLDMARK
8: ScHORR
DOO MAY'IfAM> Buu.DatO
S-..-.TT&.c,Wunn«nox 08l04
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accustomed fishing areas shall include all of Boo.d 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 as set.£orth in paragraph 7 of this
Agreement. To that end, the parties agree ·that findings of fact
341 .and 342 of the Co.urt' s. October 28, 1981, order be revised to
read as follows:
341. · The usual and accustomea· fishing
grounds of .. the Port Gamble -Ba.n.a ·a:t ·:Kla1.lain
Indians-include the waters of the Strait of
Juan de Fuca, and all. the straams draining
into the Strait from the Hoko .. River ·.ea·st to
the mouth of aooci ·canai. fri "a'ddi tidn--,. the
Port Gamble Klallam·Band has· usual and
accustomed fishing righ~s.t~ the.Sekiu .River,
but the fishing on this river shall be subject
to the· control an regulation of the Makah
Indian ·Tr"ib.e. ·Furthermore, the us.ual 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 s-and als.o ·incl-ude Hood Canal and all
streams draining into Hood Canal except the
Skokomish River ana all of ·its tributaries.
342. The usual and accustomed fishing
grounds of the Lower Elwha Band of Klallam
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 F ~ Sui?"P· ·at 1066;· the waters of the
San Juan·!slarid archi~elago and the waters off
the west coast of.Whidbey Island and Hood
Canal and all st:ream.s·arainrn.g·into Hood Canal
except the Skokomish River and all of its
tributaries.
Hood Canal Agreement -8 ~OI'I'ICBSM'
WICKWIRE. LEWIS. GoLDMARK
8c ScHORR
GOO K£nt.a.RD BV1UJL"f0
SBA.TTs.a. w.,...r,oToll' eot04
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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 ana· all streams ·crraining into Hood
Canal except the Skokomish River and all of
its tributaries.
Nothing in this parag-ra-ph shall-have the effect of waiving .or
qualifying any objection to the· final determination of usual and
accustomed fishing areas of-·the Jamestown Band by any of the
other Stipulating Parties •.
10. Resolutions of. the governing bodies of· tlie Stipulating
Parties are attached hereto in support of this Agreement •.
Dated:
Dated:
Dated: 112-I-~
Hood Canal Agreement -9
al.rpe
Council
·~~\~o~ffibie
Klallam Band ·
d~wer:-Jd-1
Klallam Band
LAW 0PPSCU OP
WrcKWIRE. LEwrs. GoLDJU.RK
& ScHORR
t:IOO .MI.'nfAIU) BCIU..DUfD
s-TTu. w,...J.JCOTOat ool04
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Dated: 111-;;.-Yt:2 -
Dated:
•
Presented by:
EISENHOWER, CARLSON,
REHA, HENRIOT &
Gamble
WICKWIRE, LEWIS, GOLDMARK
·& SCHORR -•
[The United. States will file a. separate stat~ent on the
foregoj:nq Agre~en·t. 1· __ . _
Dated:
Hood Canal Agreement -10
74JY.;;.~
Attorney for Jamestown
Klallam Band
'-0n1CU07
WicKWIRE, Lewrs. GoLDKARK
& S.CHORR
000 HA~ BVJLDJJOO
S&.oLTTLII, Wl.alltNMOJf eDt04
EXHIBIT 3
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RECOMMENDATION OF SPECIAL MAST
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, 1982, 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 Hood Canal fishery in
relation to the Klallam Bands named in the agreement,
The matter referred to in paragraph 8 of the Rood 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
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
Hood Canal Agreement -11
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Skokomish Tribe and the named Klallam Bands of the matters iden-
tified therein, and it is therefore
ORDERED 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 an appropriate
form.ot 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 /nrrd--; /9 D
'
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Hood Canal Agreement.-12
Walter E. Craig
United States Distri
~(!ton~"''"'
WJCKWIR£, LI!:WIS, GOI.l)N.AI'IK
8.: SoHOI'IJl
EXHIBIT 3
Rt. 5, Box 432
WHEREAS,
Skokomish
Skokomish
17, 1980;
Skokomish Indian Tribe
Fisheries Bldg. (206) 877-5213 -Fire Hall (206) 877-5118
SKOKOMISH TRIBAL COUNCIL
RESOLUTION l/82-'f1
Shelton, WA 98584
the Skokomish Tribal .Council is the governing pody of the
Tribe pursuati t to· tl1e Cons ti tuti.on and By-Laws of the
Tribe approved by the Secretary of the Interior on March and -·-·· .--··-··
WHEREAS, at the direction of the Skokomish Tribal Council, the
Skokomish Tribe 1 ~ att~b n~~-initiat~~ in t h e United States District
Court a request for det.ermina·tion of" the Skokomish Tribe's primary
treaty right to fish in Hood Canal and all rivers and streams draining
into Hood Canal; and ·
WHEREAS, the Port:·-Gariiole ·banci of Klaliarri 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 subsequentl y \·li thdrawn its
opposition); and
WHEREAS, the Skokomish Tribe has opposed a portion of an order of
the court establishing the Port Gamble and Lower Elwba Klallam usual
and accustomed fishing_~laces in Hood Canal and on rivers and streams
draining into HQP~ 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_ h_a,ve engaged in negot.iations t.o : 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
11 Hood Canal Agreement Between Skokomish Indian Tribe, Port Gamble Band
of Klallam Indians, Lower Elwha Band of Klallam Indians, and James-
town Band of ~la _l.l.~_Indians" (attached to this resolution); and .... ____ ., _____ ---·--···---·---
WHEREAS, t he Hood · Canal Agreement provides that, between the Skokomish
Tribe and the Klallam bands, the primary _ fishing right of the Skoko mish
Indian Tribe shall e~t~~~-thr6~grio~i £he Hood Canal fishery, but that
the Skokomish Tribe shall not ~nforce ·the primary right against the ·
Klallam bands north of Ayock Point; and the Hood Canal Agreement also
settles the dispute concerning the l0cation or the Por•t ~;:~:nt> 1 1; nnd
Low er El\..rh a usua l a nd a ·c cu s tomed. fi shi n g · p la c es b y p ro vi di n t:, t ha t t h e
order esta blishing those p laces :should be ·modified to exclude the
Skokomish River and all of its tributaries from the Klaliam usual and
accustomed fishing places; ·and
~ ·· ...
EXHIBIT 3
.. ..:
... ~ 1 ~
'. ·~)r·ERE.As, the Hood t:anallgreement does. not prevent .e Skokomish
Tribe from continuing its primary right case against the Tribe's
other than the Klallam bands wnich have objected, and the Hood Canal
Agreement is .not bindin_g on the Skokomish Tribe unless it .is .. also
approved by the Klallam bands; ·and
WHEREAS, the ~kokomish Tribal Council finds that the Hood Canal
Agreement is fair and. j~st and .~n t_he best ;ix1teres.ts of the Skokomish
lndian Tribe; · ·
NOW THEREFORE BE IT RE~OLVED, 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 K.lallam Indians··; ·and ·
BE IT r·URTHER RESOLvED, that the Skokomish Tribal Council hereby directs
its Chairperson to excute ~he Hood Canal Agreement on behalf of the Tribe~
and further directs its attor.ne_ys to excute the agr~emeu.t. and to __ present ~
it to the court for ~ppi"oval af..t.e.r....al.l .Klallam bands have approved the
agreement •.
I, Lucy Schaefer, Chairwoman~~r the Skokomish Tribal Cnuncil, certify
that the above resoluti.on __ .Has... a..dopted at a regular meeting of the
Skokomish Trj.bal Council on /tJ-1-~I-, 1Y82, at which a
quorum was present by a vote ot ~ for and C5 ag§~nst.
c4~~b~J Lucy s ae_fer, Chai!'0)man SkQkOm:sh Tribal Council
Attest:~~
Diane·· Go.uley;secreary
Skokomish Tribal Council
•
EXHIBIT 3
f.~··.lt'-\1. D CHARlf:S. SR.
· ( 'h,?irmon
JTCJ.Yl> COOKE
Sr't''• . .'llll'}'· Treasurer
Alan Charles
CcJltn('i/man
OLlVCR CHARLIZS.SR.
Cmmdlmon
.... '-· .. ·-• P 0. I:JQX 1370
PORT A:-.!GE! ES. \\'A 95361
~~un, "sJ.S-171
WHEREAS, ·the 16\\ier ':E1~11a .. ~i~-~-~it; ~~~1· ~s t~~··g~~~ing body of the
IrJt.\rer E1wha Band of the Klallarn Tribe in .accordance vd.th its constitution and
bylaws, approved by tlie Secretary" of the Interior on April 2s; 1968 ·and in
accordance with the Indian Reorganization Act of. June 18, 1934; and ·
WHEREAS, the laV~er Elwba Klailrun Tribe ~ ... ctl.l."::;'~tly .involved in the following
litigation: ·· ·· · · -· ··-· · ·
1. Request for Determ:i.i1at~on -Re·: .. I?r.ima.:rY P..ight of Skokailis..l) Indian
Tribe in Hood Canal Fishery, filed June 17, 1981.
2. Request fer .. Deteiininatlon: Lower Elwha Klallam Usual-and Accustaned
Fishing Areas, .filed August 11, 1978; and
WHERE..l\S, · the Lower Elwha Klall.Bm Camru.n.i ty Council believes it to be in the
best interest of the Lower Elwha Klallam. Tribe . tQ settle. these matters by
agreement rather than by litigat'ion. · -·
-_.,-·----·~·----·..,. ... . . ,___ -. ,_-.
Ncr.;, TI1EREFOF..E BE IT R:Eso~VED, that . the Lower Elwha Klallam Cannuni ty Council
hereby approves the Hood c;an~ ~e~ent between Skokcmish Indian Trib_e,
Port Gamble Band of Klallam Indians, lower Elwha Band of Klallam Indians and
Jamestown Band of .Klallam Indians, a copy of which is attached hereto and
hereby incorporated by reference. ·
IT IS !IEREBY FORTHER'~LVED~ t'hs.t the. fribal Ch~ o~ Vice 01tirman is
hereby authorized and directed to execute the attached Hood Canal Agreement
o:&+. behalf of the l.o\\'el" Elwha · Klallam Ccmnuni ty Council.
CERI'IFICATION
'r1le before mentioned resolution was adopted at a regular meeting of the wwer
Elwba Dusiness Corrni ttee at whicb time a quorum was present with a vote of
_.:!:......,:_.~~.and ... L _ ... ~~ilW.t. d4.st®... this .. day. of s=~ {::l~· \S .. \.:-\ .. ~:D~.
:--r··· 4 1j~11 ·· /' -~ f ;/
~ .~J-tA.Jve./1 ( ~~ 4!
Gt>ra1d Charles, Sr.
C!haitman
~R~ Floyd Cooke
Secretary-Treasurer
l!lillEJl .Elill}Hl JJlHHll til!J1ltJl
EXHIBIT 3
)
• THE r ... .---··-•• RESOWl'ION NO. 82-A..:.40
}
PORT ~IE l<I.AI.aiAM )
)
BUSlNESS ~TrEE )
)
OF '!HE ·-· ) . ·-·-.BE .IT ~ TO ALL
)
PORI' GAMBlE KI.ALU\M ) .
)
<llMJNITY CCXJNCIL )
... ~ .. -.I. -
WHEREAS, the Port· Gamble· Kl..allam Ind1an Conmuri.i.ty ip organized
urrler the Indian Reo~za.tion Act of· ·June 18, 1934; and
II .
. ~'-.. ~. i~.:~~tiQQ·~_.:eylaws ado~ ·Au.guSt s, 1939
the Comnunity Council was· designated as the governing body of the Port Gamble Klallam
Indian carm..mi ty; and ...
III.
WHEREAS, by resolution dated April. 22, 1956 'the Part Gamble KJ..al 1 am
c:armuni.ty Council delegated the authority to conduct the business of the Port Gamble Kl.allam
Indian Cormnmity to the Port Garrble Kiallarr.:Business cannittee; and
IV.
WHERFAS, the Port Garrble Klallam Tribe is currently involved in
the fol.J..a.ling litigation: ,. ·· ·
1. ReqUeSt for Detenni.nation RE: Primary Right of Skokanish
Indian Tribe . .in Ha:>d canal Fishery, filed June 17, 1981.
2. ~t .. fo...:r_ Detell'Cli.nation: .Port Gamble Rlallam Osual and
Accustomed Fishing Areas, filed AUgust 11, 197a;· am,
v.
WHEREAS, the Port: Ganible Klallam Business comnittee believes it to
be in the best interest of the Port Ganble KJa11am ·Tribe to settle. these matters by agrea-aent
rather than by litigation.
NOW, THEREFORE, BE. IT RESOLVED, that the Port Gamble Klallam Business .
O:mnittee hereby approves the Hood canal. Agreement_ between Skokanish Indian Tribe, Port Gamble
Band of Klallam-Indians;·· r.ower Elwha Ba.nt:l of lUallam ··Indiims and d"amestown Band of lUaJ lam · ·
Indians, a copy of Which is attached hereto and hereby inoorJ;Orated by reference.
IT IS HEREBY FURrHER RESOLVED, that the Tribal Chainlan or Vice CbaiJ:man
is hereby authorized .and dh'ect:ed to .execute the attached Hood Canal Agreenent on behalf of
the Port Garcble Klallam 'Business ctmnittee.
C E R T I F. :L'C K T I 0 N
WE HEREBY CERnFY that on this date there was a neeting held of the Port
Ganble Klallam Business Comtlittee. on-1:he ·Port Gafilble~ tna.i..aii' :Resert~a:tion, at which tine a
qoorum was present;
WE FURrHER CERriFY that tba above n.uiibered resolution, was at said
neeting, introduced, evaluated;·-and was passed by a vote of· 4 FOR, and __JL_.AGAINST,
Da~-~js ~-~ :Y of ~ __ ·::.: ----_·: .... '--.-1.·9·8--·~~--~~~/!~~-O~
n:., .. ~ J: u", <A c::: _ ~ ~'--.t
R:>nald G. Charles, Cha.frnan _. . _ __ ... ___ e , s~ tary
~ BUSINESS CDMITr.E:E. . . · •.. · ~T SINFSS. ct:l9l'Ml:l'TEE
EXHIBIT 3
. '
. ·-·----------
tAMESTOWN K~LLAM TRIBE
150 South 5th·:.:..· Si.iite 2 • Sequim, WA ·98382
Phone: (206}683-1109-(Fisheries) (206) 683·1001
Resolution #62-82
WHEREAS, THE Jamestawn.Klallam Tribal Council is the gove~ng body of
the Jamestown Klallam Tribe in a.cco-rdanc~ with its constitution and by-laws
adopted November 14, 197 S; and
WHEREAS, ·'mE ·Janr:stown Klallam Iridian Tribe has been Federally acknowledged
by the Secretary of the Interior on February 10, 1981; and
WHEREAS·;· !HE·:rames~awn·g~~~am J'gJ)~.L .CounCil is responsible. for health,
safety, and welfare of tlie Jamestown Klallam Indian Tribe; and
. .. ·~ ·-. . .= .... ~ .
WHEREAS, ·nm JamestOwri.Klallam ·Tribe is ~ently involved in the following
litigation: . · · . -.. ..· _ ··... - .
..
1. Request for Determination R_?; Primary Right of Skokanish Indian
in Hood Canal Fishery, filed June 17, 1981. ~-...
\~, 'IHE James£ownK1aiiam-Triba1 cOurtii -believes it to be in the best
interest of the Jamestat\n Klallam Tribe to. settle these matters. by agree.11e11t rather
than by litigation. · ·
lliEREFORE, BE· IT RESOLVED," that. the :Jamest~ Klall~ Tribal Council hereby
approyes the Hqgd_ Canal Agreerrent betweert· Skokomish Indian Tribe, Port Gamble
Band of Klallam Indi.ans;···Lower Elwha Bani of Klallam Indians ·and Jamestown Band
of Kallam Irrlians, a ·copy_· of ·~ch ~s attached hereto ani hereby incorporated by
reference. · · · ·
BE IT RlR'IHER RESoWED~-'triat the Tribal chunTian or Vice-Chainna.n is hereby
authorized and directed to execute the attached Hood Canal Agreement on behalf of
t.~e Jamestown Klallam Tribal Council.
CERTIFICATION
'Ihe forego~ reso:J-Y:.t;:i.pp W9$ .adopted at a meeting of the Jamestown Klallam
Tribal Council, held Septembe~, J_ 9SZ, at the Jamestowrt Klallam Tribal Office in
Sequim, Washington, at which tip'le a quonnn was present and approved by a vote of
3 FOR and (!J AGAINST. . . . .. _. .. . . . . .. ............-.. ... ---.... . .... --··-·· .
. 1~~
Ha:mette Adams, secretary
EXHIBIT 3