HomeMy WebLinkAbout134 92
0(:.,' llrl /;1,: 5/-'~
d/-ri'f- 1)/"1' CL~I'I(/¿" S¡,(¡.~ /.,1/-19
JEFFERSON COUNTY
STATE OF WASHINGTON
In the Matter of:
Adopting A Memorandum of Understanding
Between the Quinault Indian Nation and
Jefferson and Grays Harbor Counties
}
}
}
}
RESOLUTION NO. 134-92
WHEREAS, a portion of the Quinault Indian Reservation is located within the
boundaries of Jefferson County; and,
WHEREAS, the Quinault Indian Reservation was set apart by Treaty and
Executive Order of the President; and
WHEREAS, the decision by the United States Supreme Court in Brendale v
Yakima Indian Nation leaves the issue of the land use regulation of non-Indian owned
Reservation land, unresolved; and
WHEREAS, federal law requires local governments to consider the political
integrity, economic security, and health and welfare of an Indian tribe when regulating
uses of non-Indian owned Reservation lands; and
WHEREAS, in order to regulate the non-Indian owned land and comply with
federal law, the County recognizes that a cooperative system of regulation by the parties
will result in protection of the interest of the citizens of the respective jurisdictions; and
WHEREAS, the County desires to provide certainty and stability in land use
decision making and to avoid costly and unnecessary litigation regarding the non-Indian
owned lands within the Reservation; and
WHEREAS, the Counties and the Quinault Indian Nation have negotiated the
attached Memorandum of Understanding and the Memorandum essentially incorporates
the existing land use regulations of the respective jurisdictions; and
WHEREAS, RCW 39.34 provides for interlocal agreements between the County
and Indian tribes.
NOW THEREFORE BE IT RESOLVED, that the Jefferson County Board of
Commissioners adopts the attached Memorandum of Understanding between the Quinault
Indian Nation, Grays Harbor County, and Jefferson County; and
BE IT FURTHER RESOLVED, that the County and the Quinault Indian Nation
shall continue to negotiate an Interlocal Agreement to incorporate the standards and
intent of the Memorandum of Understanding; and
BE IT FURTHER RESOLVED, that prior to adoption of the Interlocal Agreement
the County shall hold public hearings pursuant to applicable State law; and
BE IT FURTHER RESOLVED, that upon promulgation and passage of land use
laws pursuant to the Growth Management Act, the County will consider the standards
and intent of the Memorandum of Understanding, the Interlocal Agreement and any
other negotiations in order to incorporate the interests of the Quinault Indian Nation
into the process of comprehensive land use planning.
APPROVED AND SIGNED this 30 ~day of Ð~, 1992.
SEAL:
Æ!'~""
-, :-...
,~,,1Y CO"'1I".
, ~"- /'
?,.'fG¡O t~' ~. t
/t,f .\1_"""""': ,J
¡ "" . " .....". ()
(' . 1
,(~ $, ':""" '
:~ .. '\ ""tfi_:'
t " . ,.'. .
¡"',; ,.A"i " ....
, ., - ..
.. " ~.
\ . ,..
,-,.',.Il '",..¡.....:
" . #IT ---"',
" ","'It,', \,..:...-. ~,/'
".A~ .. ",)~",
..'~ t ,'t SO" to ','
"'-'~:: ,-"
ATIEST:
cYtz /Jf cf¿d:Jlz lc~
Lorna L. Delaney, ,
Clerk of the Board
f' -
1'Q '.i.
0 ""
JEFFERSON COUNTY
BOA OF COMMISSIONERS
('
\.
..
n 185-:5.
. .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
MEMORANDUM OF UNDERSTANDING
ESTABLISHING A JOINT LAND USE REGULATORY PROGRAM
AND MINIMUM DEVELOPMENT GUIDELINES
BETWEEN
THE QUINAULT INDIAN NATION
AND
JEFFERSON AND GRAYS HARBOR COUNTIES
This Memorandum of Understanding, hereinafter "MOU" or "Agreement,"
is made by and between the Quinault Indian Nation, the federally
recognized governing tribe of the Quinault Indian Reservation,
hereinafter the "Nation," Jefferson County, and Grays Harbor
County, political subdivisions of the state of Washington,
hereinafter the "Counties," collectively referred to as the
"Parties."
This Memorandum of Understanding represents good faith commitments
which are being made by each of the Parties in a spirit of
cooperation and accommodation. The Parties are motivated by the
belief that these commitments will benefit both the Parties and the
residents and landowners of the Quinault Indian Reservation.
Whereas, the area now known as the Quinault Indian Reservation
has been the homeland of the Quinault people for thousands of
years; and,
Whereas, the Quinault Indian Reservation was set apart by the
Treaty with the Quinault and subsequent Presidential Executive
Order for Indian use prior to Washington's statehood; and,
Whereas, between 1905 and 1934 most of the lands of the
Quinault Indian Reservation were allotted in trust status by
the united states to individual Indians; and,
Whereas, over the subsequent years some of the Quinault Indian
Reservation's land passed out of individual Indian trust
ownership and was acquired in fee by non-Indians through
purchase and inheritance; and,
Whereas, presently approximately 16% of the Quinault
Reservation's land is held in fee status by non-Indians and
non-Indian entities, most of which is commercial forest land
held by timber companies; and,
Memorandum of Understanding - Joint Land Use Program -- Page 1
December 21, 1992
VOL
18fÞ.Gt
0 t 8Sofj
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Whereas, the population of the Quinault Indian Reservation
according to the 1990 U.S. Census is 78% Indian and 22% non-
Indian; and,
Whereas, the Quinault Indian Reservation has consistently
retained a unique and separate identity, distinct from that of
the surrounding non-Indian community; and,
Whereas, in recent years non-Indian ownership and population
on the Quinault Reservation have been declining; and,
Whereas, the Quinault Indian Nation possesses exclusive land
use regulatory authority over individual Indian trust lands
and tribal lands within the Quinault Indian Reservation; and,
Whereas, the Quinault Indian Nation and the respective
Counties each claim land use regulatory authority over non-
Indian owned fee lands within the Quinault Indian Reservation;
and,
Whereas, in recent years the Counties have not adopted or
implemented land use or development controls applicable to the
Quinault Indian Reservation; and,
Whereas, all of the Parties are in the process of amending
their Comprehensive Plans and land use and development
controls; and,
Whereas, the Nation and the Counties share an interest in
ensuring compatible land use on fee and trust land within and
adjacent to the Quinault Reservation; and,
Whereas, the Nation and the Counties share a desire to promote
and preserve the unique character and identity of the Quinault
Indian Reservation and its natural resource based economy;
and,
Whereas, the Parties share the desire to direct new
residential development to existing acti vi ty centers with
available public services; and,
Whereas, residential development utiliz ing on-site sewage
disposal systems on small lots located outside of the existing
activity centers has resulted in public health hazards and
poses a potential threat to the Reservation's shellfish
resources; and,
Whereas, the Parties desire to reduce the potential for
conflict between new residential development and the resource
based economy of the Quinault Indian Reservation; and,
Memorandum of Understanding - Joint Land Use Program -- Page 2
December 21, 1992
'VOL
18rAGf
O.185r" ,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Whereas, the Nation and the Counties share a desire to
provide for the orderly use of the Reservation's lands
while recognizing the rights of the Reservation's
residents and landowners; and,
Whereas, the Nation and the Counties believe that the
development of consistent standards for Reservation land use
activities will benefit the Parties, as well as, all of the
Reservation's residents and landowners, by reducing the
potential for conflict between the Parties, and by providing
certainty and stability in land use decision-making;
Now Therefore, the Nation and the Counties agree as follows:
I.
Land Use Advisory Board
A Land Use Advisory Board (hereafter, "Advisory Board") is
established to oversee the implementation of this Agreement, make
recommendations for its improvement, coordinate the Parties' land
use actions, assist the Parties in resolving disagreements, and to
hear complaints by persons aggrieved by actions of the Parties
within the scope of this Agreement. The Advisory Board will be
comprised of 4 members, with 2 members appointed by the Nation, 1
member appointed by Jefferson County, and 1 member appointed by
Grays Harbor County. The Advisory Board shall operate by
consensus, provided that, recommendations affecting lands within a
single county may be made with the agreement of the members
representing the Nation and the affected County. All decisions of
the Advisory Board shall be made in the form of recommendations to
the Parties for consideration and implementation by their
respective governing bodies.
II.
Geographic Area Subject to Agreement
The lands subject to this agreement are those within the exterior
boundaries of the Quinault Indian Reservation, and the adjacent
portions of Jefferson County and Grays Harbor Counties.
III.
comprehensive Plans and Development Guidelines
It is the intent of the Parties that their Comprehensive Plans,
zoning Ordinances, and other land use and development controls be
consistent and compatible. Each Party agrees that it will consult
with and seek the input of the other Parties prior to the adoption
of any Comprehensive Plan revisions or the enactment of any Zoning
Ordinance amendments or other land use and development controls
affecting land within the geographic scope of this Agreement.
Where a Party objects to another Party's proposed Comprehensive
Plan revision, Zoning amendment or other land use and development
control, the Parties agree to submit the matter to the Advisory
Board for a recommendation prior to taking any further action.
Memorandum of Understanding - Joint Land Use Program -- Page 3
December 21, 1992
. YOl
18 fAQf
01858
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
-- -
Development on the Quinault Indian Reservation is currently
concentrated in three activity centers, the villages of Taholah,
Queets, and Amanda Park. Uncoordinated and unplanned growth
outside of these activity centers poses a threat to the
environment, sustainable economic development, and the health,
safety, welfare, and quality of life enjoyed by residents of the
Reservation. In particular, strip residential development along
the Reservation coastline on small lots with soils not suitable for
on-site sanitation systems or in areas with inadequate access,
water, utilities, and public services poses a serious threat to
public health, coastal resources, the Reservation's resource based
economy, and to maintenance of the Reservation's existing
character.
The Parties agree that to the extent feasible the following minimum
development guidelines will be applied to all applications for land
use approval on fee land within the Quinault Indian Reservation to
insure consistency and compatibility in land use decision making
pending the adoption of Comprehensive Plan revisions, Zoning
amendments, and other controls. Where existing land use controls
are inconsistent with or otherwise do not provide for the
application of the guidelines established in this Agreement, the
parties agree to undertake the adoption of appropriate implementing
measures in a manner consistent with applicable law.
Coastal District -- Land West of Highway 101 (North of the Queets
River), the Cape Elizabeth Road, and Highway 109
The following minimum development guidelines shall apply for land
uses in the area west of Highway 101 (North of the Queets River),
the Cape Elizabeth Road, and Highway 109, and outside of the
developed portions, or when established the village growth
boundaries of the villages of Queets and Taholah.
Timber Production and Harvest, and fishery related activities
will be permitted subject to appropriate environmental
restrictions to protect fish and wildlife habitat, Sensitive
Areas, and coastal resource values.
Recreational use not requiring extensive clearing or the
construction of permanent structures will be permitted,
including non-commercial camping and use by a single self-
contained recreational vehicle for a no more than 120 days per
year per parcel.
Single Family Residences on existing lots of record 10 acres
or larger will be permitted subject to the site development
guidelines contained herein. Single family residences on
existing lots of record smaller than 10 acres shall be
considered on a case by case basis as provided in the section
on Residential Uses on Substandard Lots.
Memorandum of Understanding - Joint Land Use Program -- Page 4
December 21, 1992
. VOL
18 rAb~-
01 859
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
No gravel or mineral extraction, commercial, or industrial
development, waste disposal, or other uses not expressly
identified above shall be permitted.
Residential development on parcels within this area which
contain an existing gravel pit shall be permitted to the
extent consistent with the guidelines contained in this
Agreement and as part of an approved reclamation plan.
The following site development standards shall apply to all
clearing, grading, and construction activities in the Coastal
District described in this section:
Setback Requirement No clearing, grading, or
construction shall be permitted within 200 feet of the
ordinary high water mark of the Pacific Ocean. No
clearing, grading, or construction shall be permitted
within 50 feet of the top of any bank, bluff, or seacliff
fronting the Pacific Ocean, or within a horizontal
distance from the top of such bank, bluff, or seacliff
equal to the vertical elevation of the bank, bluff or
seacliff as measured from the toe to the top, whichever
is greater.
Height Limit - No structure shall be built with more than
a single story built above ground level and roof pitch
exceeding 12-12.
Sensitive Areas Preparation of an environmental
assessment shall be required for all proposed clearing,
grading, or construction affecting lands designated as
Sensitive Areas. The proponent shall be required to
provide additional information where necessary to
determine the scope and nature of potential impacts. No
clearing, grading, or construction shall be permitted
with respect to lands in the geographic area covered by
this section which are designated as a Sensitive Area
under this Agreement, unless all adverse impacts to
public health, safety, or the environment have been
appropriately addressed pursuant to the environmental
laws of the parties.
Natural Resource Management District -- Land East of Highway 101
(North of the Queets River), the Cape Elizabeth Road, and Highway
109
The following minimum development standards shall apply for land
uses in the area east of Highway 101 (North of the Queets River),
the Cape Elizabeth Road, and Highway 109, and outside of the
developed portions or, when established, the village growth
boundaries of the villages of Queets, Taholah, and Amanda Park
Memorandum of Understanding - Joint Land Use Program -- Page 5
December 21, 1992
.1101.
18 j-,%'
1860
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
which is not included in any other land use district.
Natural Resource Management including timber and minor forest
product production, fisheries management and enhancement,
forest product related industrial development, public
facilities, watershed management, groundwater protection,
recreation, and fish and wildlife conservation is permitted.
Sand and gravel extraction is a conditional use subject to
appropriate environmental restrictions to protect fish and
wildlife habitat, critical areas and coastal resource values.
single Family Residences on existing lots of record 20 acres
or larger will be permitted subject to the site development
guidelines contained herein. single family residences on
existing lots of record smaller than 20 acres shall be
considered on a case by case basis as provided in the section
on Residential Uses on Substandard Lots.
Recreational use and temporary residential use in connection
with natural resource activities not requiring extensive
clearing or the construction of permanent structures will be
permitted, including non-commercial camping and use by a
single self-contained recreational vehicle for no more than
120 days per year per parcel.
Sensitive Areas - Preparation of an environmental assessment
shall be required for all proposed clearing, grading, or
construction affecting lands designated as Sensitive Areas.
The proponent shall be required to provide additional
information where necessary to determine the scope and nature
of potential impacts. No clearing, grading, or construction
shall be permitted with respect to lands in the geographic
area covered by this section which are designated as a
Sensitive Area under this Agreement, unless adverse impacts to
public health, safety, or the environment have been
appropriately addressed pursuant to the environmental laws of
the parties.
village Land Use District -- Queets, Amanda Park and Taholah
Mixed uses including private and public housing, tribal
administrative facilities, police and fire stations, schools,
playgrounds, churches, community centers, and a variety of
commercial and industrial business serving the residential and
employment needs of each village community will be permitted
subject to requirements set forth in separate village plans
for the areas within a village growth boundary to be
established for each of the three villages by the Nation in
consultation with the Counties.
Memorandum of Understanding - Joint Land Use Program -- Page 6
December 21, 1992
~
. ,u'-
18 f.%r
0
J. 86~1i-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
commercial/Industrial Districts
The Parties agree that during the term of this Agreement, the
Quinault Indian Nation may, after consultation with the
Counties, establish one or more Commercial/Industrial
Districts within the Reservation which may include lands held
in fee status.
Open space/Recreational District
The Parties agree that during the term of this Agreement the
Quinault Indian Nation may, after consultation with the
counties, establish one or more Open Space/Recreational
Districts within the Reservation which may include lands held
in fee status.
sensitive Areas
The following lands are designated as Sensitive Areas:
1) Areas with a critical recharging effect on aquifers used
for potable water which are vulnerable to contamination that
would affect the potability of the water.
2) Areas subject to a one percent or greater chance of
flooding in any given year. These areas include, but are not
limited to, streams, rivers, lakes, coastal areas, wetlands,
and the like.
3) Areas that because of their susceptibility to erosion,
slides, or other geological events, are not suited to siting
commercial, residential, or industrial development consistent
with public health or safety concerns.
4) Primary association areas utilized by a federally listed
threatened or endangered species, and which, if altered, may
harm the species.
5) Areas that are critical to the protection of
fisheries, wildlife, beaches, and water resources.
tribal
6) Area subject to risk of mass movement due to a combination
of geologic, topographic, and hydrologic factors.
7) Areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in
saturated soil conditions. Such areas include swamps,
marshes, bogs, and similar areas. They do not include those
artificial wetlands intentionally created from nonwetland
Memorandum of Understanding - Joint Land Use Program -- Page 7
December 21, 1992
.¡'.'
f\;'-
18 ¡-.\(,~
t 86;~
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
sites, detention facilities, wastewater, treatment facilities,
farm ponds, and landscape amenities.
8) Beaches and dunes.
9) Areas outside of the Village Districts subject to coastal
flooding hazards.
The parties agree to prepare maps delineating the Sensitive Areas
described above.
Residential Development of Existing Substandard Lots Five Acres or
Greater in size
Where on or before the effective date of this Agreement, a single
owner or ownership group held one or more contiguous existing lots
of record (including lots separated by a right-of-way) each of
which is individually smaller than 10 acres, if located in the
Coastal District, or smaller than 20 acres, if located in the
Natural Resources Management District, but which collectively are
5 acres or greater in size, one dwelling unit shall be permitted
per 5 acres where soil conditions allow on-site sewage disposal
without long term damage to ground and surface water, coastal
resources or public health, and where suitable water supply and
reasonable fire access are available, and provided further that,
the owner shall be required to the extent feasible to combine lots
through a binding site plan so as to meet the 5 acre minimum area
requirement herein prior to the issuance of a building permit.
Residential Development of Existing Substandard Lots Smaller than
Five Acres in Size
Where on or before the effective date of this Agreement, a single
owner or ownership group holds one or more contiguous existing lots
of record (including lots separated by a right-of-way) located in
the Coastal District or Natural Resources Management District which
total less than 5 acres in area, one dwelling unit may be permitted
on the lot or lots where a binding site plan is submitted
consolidating the lots into a single building site, where soil
conditions allow on-site sewage disposal without long term damage
to ground and surface water, coastal resources or public health,
and where sui table water supply and adequate fire access are
available, and provided further that where the water supply in such
cases uses an on-site well, the well shall not be located less than
100 feet from the external boundaries of the property included in
the site plan.
Memorandum of Understanding - Joint Land Use Program -- Page 8
December 21, 1992
,'"
tv,.
18 ¡Ab:
J863
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
IV.
DEVELOPMENT AND LAND USE PERMITS
In order to achieve consistency and to provide a more efficient and
cost effective review process, the Parties agree that the Quinault
Indian Nation will process all building and sanitation permit
applications for development of fee lands on the Quinault
Reservation and the Counties hereby authorize the Nation to process
and issue such building and sanitation permits on their behalf.
Building Permits
Applicants for building and grading permits meeting the
minimum development standards established in this Agreement
shall file a building permit application in duplicate with the
Quinault Indian Nation and pay to the Nation the greater of
the fee required by appropriate County or the Nation.
Building permit applications for structures requiring
sanitation permit approval must be accompanied by a Sanitation
Permit issued by the Quinault Nation, proof of available
drinking water supply meeting applicable standards, and
evidence that the proposed building site meets the fire access
standards of the Uniform Building Code.
The Nation shall forward one copy of the building permit
application to the appropriate County for its review and
comment, and shall review the application and plans for
compliance with County and Tribal building requirements.
When after consultation with the applicable county, the Nation
determines that the application and plans meet all applicable
County and Tribal requirements and the minimum standards
established by this Agreement, the Nation will issue a
building permit. The Nation shall be responsible for insuring
that all construction complies with applicable requirements
and the terms of the permit.
sanitation Permits
All applications for sanitation permits to construct on-site sewage
disposal systems shall be made to the Quinault Indian Nation which
shall review such applications and issue sanitation permits for
systems meeting all applicable County and Tribal requirements. No
sanitation permit shall be processed or issued for any new system
to serve a use that does not meet the minimum standards established
in this Agreement.
When after consultation with the applicable County, the Nation
determines that the application and plans meet all applicable
County and Tribal requirements and the minimum standards
established by this Agreement, the Nation will issue a sanitation
Memorandum of Understanding - Joint Land Use Program -- Page 9
December 21, 1992
tGL
18 rÞ.b~
0
1 86{~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
permit. The Nation shall be responsible for insuring that all
construction complies with applicable requirements and the terms of
the permit.
The parties agree to review existing tribal and county sanitation
requirements and to adopt amendments where necessary to insure that
on-site sewage disposal standards insure protection of the public
health and Reservation resources, including but not limited to
shellfish resources.
Subdivision Guidelines
The parties recognize that subdivision and development of
Reservation lands may have significant adverse impacts on the
political integrity, economic security, health, and welfare of the
Quinault Indian Nation. The parties agree that in light of the
purposes for which the Quinault Reservation was established, the
Reservation's existing rural character, its resource based economy,
the physical limitations of the Reservation's lands, and the lack
of public services outside of the existing village communities, the
public interest requires that proposals to further subdivide
reservation land meet the minimum development guidelines
established under this Agreement.
Joint statement of Goals and Policies
As a further guide to the implementation of this Agreement and a
framework for the adoption and implementation of comprehensive land
use plans and development controls affecting lands on the Quinault
Reservation, the parties jointly adopt the interim statement of
goals and policies set forth in Appendix A hereto.
V.
REVIEW PROCESS
The Advisory Board shall meet at least once each quarter to review
the status of this Agreement and shall conduct an annual review.
VI.
AMENDMENTS
The provisions of this Agreement may be amended by the adoption of
parallel resolutions of the governing bodies of the Parties.
VII. JURISDICTION AND REVIEW PROCESS
This Agreement is intended to the extent feasible to avoid the
necessity of resolving potential jurisdictional disputes over the
regulation of fee land located on the Quinault Reservation. It is
not intended, nor should it be construed, as a concession by the
Quinault Nation or the Counties, that the other Party or Parties to
this Agreement possess regulatory jurisdiction over fee land, or as
a waiver of any argument with respect to jurisdiction in the event
of a dispute among the parties. Nothing in this Agreement shall
Memorandum of Understanding - Joint Land Use Program -- Page 10
December 21, 1992
~OL
18 ~~
1865
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
limit or waive the regulatory authority or jurisdiction of any
Party.
This Agreement is not intended to provide any remedy not already
provided by law. However, the parties agree that any person
aggrieved by a decision made within the scope of this Agreement
shall be required to present their claim for consideration and
action by the Advisory Board established herein, as a condition
precedent to the consideration of such claim in their respective
administrative and judicial review processes.
VIII.
COUNTY OWNED LANDS LOCATED ON THE RESERVATION
The Parties agree that County owned lands within the boundaries of
the Quinault Indian Reservation shall be subject to the development
and land use guidelines contained in this Agreement. The Counties
further agree that the Quinault Indian Nation shall be granted a
right of first refusal with respect to the acquisition of County
owned real property located within the Quinault Indian Reservation
which is determined by the Counties to be surplus to the Counties'
needs.
IX.
TECHNICAL ASSISTANCE
The Counties agree to provide the Quinault Indian Nation with
technical assistance with respect to the processing and review of
permit applications and other matters within the scope of this
Agreement upon the request of the Nation.
X.
EFFECTIVE DATE
This Agreement shall become effective and binding upon the Parties
upon adoption by each of the Parties of a Resolution approving the
Agreement.
Memorandum of Understanding - Joint Land Use Program -- Page 11
December 21, 1992
'.¡c.
18 r ~k'
1866
0