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Darrell and Lorna Smith <ecosmithspt@gmail.com>
Wednesday, March 23,2016 1:07 PM
David W. Johnson
Tribal Consultation
David, please forward.
Hello, Fellow Planning Commissioners:
The question of the obligation or recommendation that the County consult with and
collaborate with Tribes has come up recently in our meetings. I spoke today with
the the following two people at the Governor's Office of lndian Affairs and asked the
question of them. To summ arize what they said: (1 ) the following RCW and
Governor's Executive Order applies to all State government departments and
activities. (21To the extent that Counties spend state money, ( 6 Year TIP for
instance) and operate in accordance with, and oversee certain State laws such as
GMA and SEPA, Counties are also bound by these requirements. I am not
addressing here the issue of whether or not that has been adequately done in the
case of the Pleasant Harbor Development. That may merit additional discussion.
Governor's Office of lndian I Affairs
Craig A. Bill
Executive Director
Ph: (360) 902-8826
Email: craiq. bill@gora.wa. gov
Mystique Hurtado
Executive Assrsfant
Ph: (360) 902-8825
Fax: (360) 902-8829
Email: mystique. hurtado@qoia.wa. gov
43.376.020
Govern ment-to-govern ment relationsh i ps-State agency d uties.
ln establishing a government-to-government relationship with lndian tribes, state agencies must:
(1) Make reasonable efforts to collaborate with lndian tribes in the development of policies,
agreements, and program implementation that directly affect lndian tribes and develop a consultation
process that is used by the agency for issues involving specific lndian tribes;
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David W. Johnson
CHNISTIN[ O, CRECOIRE
Covernor
STATE OF WASHIN6TON
OFFICE OF THE COVERNOR
P.O, &ox 40002 . Olympia, Washing,ton 98so4-o002 . (360) 75i-6780 . www.€lovetnor,wa.gov
EXECUTIVE ORDIR 05-05
ARCHEOLOGICAL AND CULTURAL RESOURCES
WHEREAS Washington has a rich and diverse cultural heritage, as represented
by the numerous archaeological and historic sites that have been identified and located
throughout our state; and
WHEREAS preservation and protection of these sites provides educational and
cultural values for all citizens and leads to better understanding between cultures ofour
shared history; and
WHEREAS many citizens of Washington contribute their time and efforts to
pr€serve and protect Washington's unique archaeological and historic sites, and
traditional cultural places; and
WHEREAS these sites and places hold special cultural, historical, and spiritual
significance for both tribal members and citizens of Washington; and
WHEREAS the Department of Archaeology and Historic Preservation (DAHP)
and the Governor's Office of Indian Affairs (GOIA) have key statewide responsibility
to enhance the public's awareness of the need and value of protecting Washington's
heritage and establish effective consultation with Native American tribal governments.
NOW, THEREFORE, I, Christine 0. Gregoire, Governor of the state of
Washington, hereby order all state agencies to:
L Review capital construction projects and land acquisitions for the
purpose of a capital construction project, not undergoing Section I 06 review under the
National Historic Preservation Act of 1966 (Section 106), with the DAHP and affected
Tribes to determine potential impacts to cultural resources. This review shall be
required on all capital construction projects unless they are categorically exempted by
DAHP. Cultural resources are defined as archeological and historical sites and artifacts.
and traditional areas or items ofreligious, ceremonial and social uses to affected tribes.
This review should be done as early in the project planning process as possible. Should
DAHP identify a known culturally significant site in the area of a project, or should
DAHP inform the agency of the potential that such a significant site is likely to be
found in a project locale, the agency shall:
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A. Work with DAHP and affected Tribes on appropriate
archaeological survey and mitigation srategies consistent with state and federal
laws.
B. Consult with alTected Tribes in a way that includes a face-to-face
meeting or other agreed upon method to discuss the project before a state agency
completes the project design. The agency will work with GOIA and DAI{P to
identifu aflected Tribes and, ifneeded, seek their help to arrange a meeting to
discuss the project in question. Ifan agency is unable to arrange such a meeting,
it will promptly notify GOIA and DAIIP of the situation.
C. Take reasonable action to avoid, minimize or mitigate adverse
effects to the archeological or cultural resource.
D. Notiff DAHP and GOIA, in advance, of any meeting with
affected Tribes during which matters conceming cultural resources related to a
capital construction project will be discussed, and extend invitations to both
agencies to attend any such meetings. If representatives from DAHP or GOIA
cannot attend, the agencies will provide DAHP and COIA with detailed meeting
notes.
2. Submit all agreements between state agencies and affected Tribes
concerning cultural resources that are developed outside the Section 106 process for
review and comment to DAHP. DAHP's review and comment on any such agreement
must occur before the agency can sign such agreement. Consult with DAHP and
affected Tribes during project design and prior to construction on projects rrot
undergoing Section I 06 review, as a condition to receiving state grants or loans for the
purposes of a capital construction project. Should either DAHP or the affected Tribes
identifu cullural resources affected by the proposed project, the state agency or agencies
will ensure that the grant recipient finds reasonable ways to avoid, minimize or mitigate
impacts to the resource before state funding is disbursed. State agencies shall take steps
to insure that this type of review is incorporated into their grant and loan management
process.
3. The Office of Financial Management is directed to include in its capital
budget instnrction a requirement that agencies consult with DAHP and GOIA, as
appropriate, as part ofthe budgeting process for pre-design, design and construction.
4. fo the extent that they have not already received training, all appropriate
state agency employees managing capital construction projects or pass through capital
grants will attend Government-to-Government training and Cultural Resource training
provided by GOIA and DAHP.
5. By January 15,2007, DAHP shall report back to the Govemor's Office
and the Oflice of F'inancial Management on the implementation of this executive order
including any recommendations on ways of improving implementation.
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I invite institutions of higher education, public schools, statewide elected
ollicials, boards, commissions, and others to implement the practices herein described
within their agencies.
This executive order takes effect immediately
IN WITNESS WI{ERE OF.l have
hereunto set my hand and caused the seal
of the state of Washington to be affixed at
Olympia this I Oth day of November, Two
Thousand and Five.
CHRISTTNE O.
Govemor of Washington
BY THE GOVERNOR:
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