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Home My WebLink About122623 United States Department of Interior t 1 RECEIVED DEC 2 6 2023 0144° ry United States Department of the IIllEPPERSON COUNTY p BUREAU OF INDIAN AFFAIRS COMNSSIONERS Northwest Regional Office 911 Northeast 11`11 Avenue �'9RCH 3-11L.,:s- +'''9 Portland,Oregon 97232 IN REPLY REFER TO: Division of Realty December 21, 2023 CERTIFIED MAIL 91 7199 9991 7038 8707 9182 RETURN RECEIPT REQUESTED The Honorable Guy Capoeman Quinault Indian Nation Post Office Box 189 Taholah, Washington 98587-0189 Dear President Capoeman: This is the decision of the Bureau of Indian Affairs ("BIA"), Northwest Regional Director, on the Quinault Indian Nation's ("Nation" or "QIN") on-reservation land-into-trust application for an undivided 1/3 interest'in Allotment 336 (Parcel A) and Parcels B, C, and D ("Property," "Land" or"Parcels) consisting of four parcels totaling 39.96 acres, more or less, located in Jefferson County, Washington. The specific purposes for the acquisition will include consolidation of land ownership, reduction of land fragmentation, protection of ocean coastline, forestland, and tribal self-determination. The property will not be used for gaming purposes. For the reasons set forth below, it is my decision to approve the Nation's request to acquire an undivided 1/3 interest in Allotment 336 (Parcel A) and Parcels B, C, and D into trust. The Nation requested by Resolution No. 22-202-100 dated September 12, 2022, and Fee-to- Trust Application dated January 19, 2023, that the United States acquire 39.96 acres in trust for the use and benefit of the Tribe and its membership. The Tribe presently owns the property in fee status. The Nation acquired the property from: • Kerry Morrison Myerson, by Statutory Warranty Deed dated February 11, 2016, and recorded on February 19, 2016, in Jefferson County, Washington under document number 597529 and re-recorded to correct legal description on March 2, 2016, in Jefferson County, under document number 597757. Parcel A. 1 The Nation held an undivided 2/3 interest in Parcel A in Trust. This fee-to-trust transaction will transfer the remaining undivided 1/3 interest into trust. 1—Notice of Decision 4 , • Calvin K. Knight and Maureen M. Knight, husband and wife, by Statutory Warranty Deed dated December 28, 2006, and recorded on January 2, 2007, in Jefferson County, Washington, under document number 519081. Parcel D. • Richard J. Niichel and Frances M. Niichel, husband and wife, by Statutory Warranty Deed dated May 21, 2010, and recorded on June 3, 2010, in Jefferson County, Washington under document number 552182. Parcels B and C. Land Location/Legal Description The property is located within the exterior boundaries of the Quinault Reservation in Jefferson County, Washington. The property consists of the following described parcels: The property is described as follows: Parcel Nos. 413272001,413272004, 951000107,and 413272005 Parcel A2: (413272001) An undivided 1/3 interest in Government Lot 5, Section 27,Township 24 North, Range 13 West, W.M., Jefferson County, Washington; EXCEPT right of way for State Route 101. Parcel B: (413272004) Lot 1 Niichel Short Plat, as per plat recorded in Volume 4 of Short Plats, pages 27 and 28, records of Jefferson County, Washington. Parcel C: (951000107) Lot 6, Block 1, Evergreen Point Addition, as per plat recorded in Volume 2 of Plats, page 152, records of Jefferson County, Washington. Parcel D: (413272005) Lot 2 Niichel short Plat, as per plat recorded in Volume 4 of Short Plats, pages 27 and 28, records of Jefferson County, Washington. All situate in the County of Jefferson, State of Washington. Containing 39.96 acres, more or less. 2 Since 2007,the Quinault Indian Nation has held a 2/3 interest in Parcel A in trust.This fee-to-trust transaction will transfer the remaining 1/3 interest into trust.Accordingly,the Nation will then hold all of Parcel A in trust. 2—Notice of Decision The Land Description Review ("LDR") Certificate was prepared by Joshua Bagley, PLS, Certified Federal Surveyor and approved by Acting Chief Cadastral Surveyor, Markell Hamm, of the Bureau of Land Management (BLM) on July 11, 2022. The Land Description Review Certificate states that the land description is acceptable as written and presented. The LDR states that two of the parcels are platted from Niichel Short Plat, one of the parcels is a platted lot from the Evergreen Point Addition Plat, and the undivided 1/3 interest in Government Lot 5, except Highway 101 right-of-way. A Realty Land Description Review (RLDR) was received by Sarraye Forrest-Davis, Northwest Regional Realty Specialist, on April 5, 2023, and approved on April 12, 2023. I find the Nation has fulfilled the requirements of 25 CFR § 151.9 governing requests for approval of acquisitions by submitting Tribal Resolution Number 22-202-100 that sets out the identity of the parties, description of the land, and other information showing the acquisition comes within 25 CFR Part 151. Regulatory Requirements, 25 CFR Part 151: This decision of the Northwest Regional Director, Bureau of Indian Affairs is discretionary. In evaluating the Nation's request to have land taken into trust, the BIA must consider the criteria set out in 25 CFR § 151.10 (a) through (c) and (e)through (h). Proof that the Northwest Regional Director considered the factors set forth in 25 CFR § 151.10 must appear in the administrative record; however, there is no requirement that the BIA reach a particular conclusion concerning each factor. Nor must the factors be weighed or balanced or exhaustedly analyzed in a particular way. Thurston County, Nebraska v. Great Plains Regional Director, Bureau of Indian Affairs, 56 IBIA 296, 300, 301 (04/03/2013). 151.10(a)—Statutory Authority Section 151.10(a) requires Interior to consider the "existence of statutory authority for the acquisition and any limitations contained in such authority". The Secretary of the Interior (Secretary) has statutory authority to acquire land in trust for"Indians" pursuant to Section 5 of the Indian Reorganization Act of 1934 ("IRA"), 25 U.S.C. § 5101 et seq., including all persons of Indian descent who are members of any recognized Indian tribe that was under federal jurisdiction when the IRA was enacted in 1934. Carcieri v. Salazar, 555 U.S. 379, 395 (2009). The Secretary of the Interior (Secretary) has statutory authority to acquire land in trust for "Indians" pursuant to Section 5 of the Indian Reorganization Act of 1934 ("IRA"), 25 U.S.C. § 5101 et seq., including all persons of Indian descent who are members of any recognized Indian tribe that was under federal jurisdiction when the IRA was enacted in 1934. Carcieri v. Salazar, 555 U.S. 379, 395 (2009). One piece of conclusive evidence demonstrating federal jurisdiction over a recognized tribe in 1934 was if that tribe held a Section 18 election to accept or reject 3—Notice of Decision the IRA(irrespective of whether the vote resulted in adoption or rejection) as evidenced by the tribe's inclusion on the Haas Report. Op. Sol. Interior M-37029, at 20-21 (Mar. 12, 2014) (citing Theodore H. Haas, Ten Years of Tribal Government Under I.R.A. (1947) ("Haas Report")). Additionally, counting a tribe's members on Indian Census rolls between 1884 and 1934, including the 1934 Indian Population Report, further demonstrates that a tribe and its members were under federal jurisdiction in 1934. Here, the Quinault tribe held a Section 18 election on April 13, 1935, voting to accept the provisions of the IRA by a vote of 184 to 176 of eligible members of the Reservation. Haas Report at 19 (listed under the Taholah Agency as "Quinaielt"). Further,the Nation's members were counted on Indian Census rolls between 1884 and 1934, including the 1934 Indian Population Report that indicated a total Indian population of 1,727 on the "Quinaielt Reservation," with 801 residing at the jurisdiction where enrolled. Annual Report of the Commissioner of Indian Affairs at 150-151 (1934). Thus, the evidence demonstrates the United States recognized the tribe now known as the Quinault Indian Nation was "under federal jurisdiction" in 1934 and that the adult residents of the Quinault Reservation met the IRA's definition of"Indian." Consequently, the Secretary has statutory authority to acquire land in trust for the Tribe under Section 5 of the IRA. 151.3—Land acquisition policy Section 151.3(a) of Title 25 of the Code of Federal Regulations sets forth the Department's land acquisition policy. I find that this acquisition is consistent with the policy because: 1. The property is located within the exterior boundaries of the Quinault Indian Reservation. 2. The Nation already owns an undivided 2/3 trust interest and owns an undivided 1/3 fee interest in Allotment 336 (Parcel A) and Parcels B, C, and D as evidenced by the Statutory Warranty Deeds and the title commitment.The Office of the Solicitor, Pacific Northwest Region reviewed the title commitment, and provided a Preliminary Title Opinion on May 4, 2023, and found title to be vested in the Quinault Indian Nation. 3. The purposes for which the land will be used: consolidation of land ownership, reduction of land fragmentation, protection of ocean coastline,forestland, and tribal self-determination. The Nation will be increasing its land base, which provides greater options and flexibility for future actions to fulfill its self-determination goals. I find that this land is necessary to facilitate tribal self-determination. 25 CFR § 151.3(a)(1)-(3). 4—Notice of Decision 151.10(b)—Need for additional land The overall purpose of the Nation's application is to provide increased long-term socio- economic security for the Nation through land acquisition to benefit the Nation's efforts to enhance self-determination and allow the Nation to consolidate and protect the unique Indian land status and ensure its integration back onto the Nation's land base. Placing the land into trust is important to the Nation because it will give the Nation rights to govern the land and will further enhance self-determination by ensuring that the land is not used in a manner contrary to the Nation's governmental, historical, and cultural interests. Taking the land in trust would provide greater control over land use matters by transferring jurisdiction over land use decisions from the County to the Nation and the Federal Government. Placing the land in trust status, will enhance tribal self-determination by allowing the Nation to exercise its jurisdiction as a sovereign tribal government to maintain and protect the land for members and future generations. Once the land is placed in trust status, it will put the Nation in a better position to bid for grants or to qualify for additional funding from the federal agencies and other agencies who distribute funding based on total tribal acreage, roads, and other reasons. Based on the above facts, I find that the Nation needs this additional land for tribal self- determination and to increase its land base to better sustain the Nation and its tribal membership. 151.10(c)—Purposes for which the land will be used The proposed/current purposes for the acquisition will include consolidation of land ownership, reduction of land fragmentation, protection of ocean coastline,forestland, and tribal self- determination. According to the Nation's fee-to-trust application, the Nation does not have any plans to develop the parcels. 151.10(e)—Impact on the state and local government's tax base A Notice of Application was sent on May 18, 2023, to the Governor of Washington ("State") and Jefferson County Board of Commissioners ("County"). The State and County received the Notice on May 25, 2023. The State and County did not respond to the Notice of Application. 5—Notice of Decision The parcels are tax-exempt; therefore, if the property is acquired into trust, there will be no impact on the County. Further, I find that I cannot determine any impact on the County and State due to their failure to respond to the Notice. 151.10(f)—Jurisdictional problems and potential land use conflicts Jurisdictional Problems The acquisition of this property into trust should not create jurisdictional problems. These parcels are within the boundaries of the Quinault Indian Reservation and are surrounded by other lands managed as trust or tribal lands. The State and County did not respond to the Notice of Application and thus, did not raise any issues or concerns regarding jurisdictional problems. The proposed purposes are less likely to produce/cause jurisdictional problems. Based on BIA's current understanding, no basis exists to conclude that jurisdictional problems will arise as a result of the land's acquisition in trust status. Potential Land Use Conflicts The acquisition of the property into trust should not create any potential land use conflicts, especially since the Nation does not plan on developing the land or changing the land use. The parcels are currently zoned as being in the Wilderness Zone on the west side of Highway 101 and in the Forestry Zone to the east; therefore, the zoning is consistent with the current/proposed purposes/uses. As stated above,the State and County did not respond to the Notice of Application and thus, did not raise potential land use conflict. The proposed purposes are less likely to produce potential land use conflicts. Based on BIA's current understanding, no basis exists to conclude that jurisdictional problems and potential land use conflicts will arise as a result of the land's acquisition in trust status. I find that my consideration of the criterion in 25 CFR §151.10(f) weighs in favor of the acquisition of the subject property. 6—Notice of Decision 151.10(g)—Whether the BIA is equipped to discharge additional responsibilities The Nation is a self-governance Nation and has compacted the realty functions of the BIA. Therefore, the Nation performs all of the realty functions for approval by the BIA. The programs at the Northwest Regional Office are capable of handling the additional responsibilities brought by acquiring this land into trust.The principal programs affected will be Realty, Division of Environmental, and the Northwest Land Titles and Records Office. Based on the above facts, I find that the additional 39.96 acres, will not unduly burden the BIA staff. Therefore, I conclude that the BIA is equipped to discharge the additional responsibilities associated with bringing this land into trust status. 151.10(h)—Environmental compliance In accordance with 516 DM 6, appendix 4, NEPA Revised Implementing Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances Determinations, the Department is charged with the responsibility of conducting a site assessment for the purposes of determining the potential of, and extent of liability from hazardous substances or other environmental remediation or injury. An Exception Checklist for BIA Categorical Exclusions dated July 3, 2023, indicates that an environmental assessment is not required because the Nation indicated that no development, physical alteration, or change of land use after acquisition is planned or known.Therefore, I find that approval of this acquisition falls under 516 DM 10.5 (I) and is categorically excluded. Should future development occur, compliance with NEPA will be required if federal funding or a federal decision is involved. Historic Resources/Endangered Species Compliance Since the Nation has no plans for further development of this property, I anticipate no impact to any historic or archaeological resources or to any threatened or endangered species that may exist on the property. Should future development occur, compliance with laws governing historic properties and endangered species, if applicable, will be required. Phase I Environmental Site Assessment The Phase I Environmental Site Assessment (ESA) dated March 3, 2023, was performed by Kristen Burgess, LG, of ESA Associates, Inc. (ESAAI), who found no known or suspected Recognized Environmental Conditions (RECs) historical RECs, controlled RECs, or other evidence of environmental liability at this property. 7—Notice of Decision Brian J. Haug, BIA's Northwest Regional Environmental Scientist reviewed the environmental report on June 30, 2023, and he stated that: "The ESA fulfills the requirements of NEPA, 40 CFR §312 and the ASTM E 1527-13 Standard Practice, and the property is suitable for acquisition under the U.S. Department of the Interior Manual 602 DM 2.13 A". Please note- Phase I ESA report components will be 180-days old on August 30, 2023 and the Phase I ESA report will expire on March 31 2024: 12 months from date of issue. If the fee-to-trust acquisition reaches Step 13—Acceptance of Conveyance and the Phase I ESA report exceeds 180 days (August 30, 2023), an updated Phase I ESA is required. As stated above,the Phase I ESA expires on March 31, 2024; therefore, a new Phase I ESA will be required. 151.13—Title Examination The Office of the Solicitor, Pacific Northwest Region, U.S. Department of the Interior, reviewed the title evidence dated October 14, 2022 and provided Preliminary Opinion of Title (PTO) BIA.PN. 00059235 dated May 4, 2023, finding title vested in the Quinault Indian Nation. The Preliminary Title Opinion stated that items numbered 1 through 3 and items 1, 2, 9, 16, 19 of the Special Exceptions in Schedule B of the preliminary title evidence must be satisfactorily eliminated or addressed. The Nation provided written confirmation by Quinault Business Committee Resolution No. 23- 332-101 dated October 10, 2023, which acknowledged/addressed the Special Exceptions. Conclusion The proposed uses and purposes of the property are non-gaming, not illegal and not in conflict with existing land use. In view of the foregoing, all applicable legal requirements have been satisfied, and I hereby approve the fee-to-trust application of the Quinault Indian Nation's for an undivided 1/3 interest in Allotment 336 and Parcels B, C, and D. Appeal Rights This decision may be appealed by any person or entity who is adversely affected by the decision of the Northwest Regional Director. Appeals must be submitted to the Interior Board of Indian Appeals (IBIA) at the following address: Interior Board of Indian Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Suite 300, Arlington, Virginia 22203.The appeals process begins when you file with the reviewing official a notice of appeal (NOA), complying with the provisions of 25 CFR § 2.205-2.207. Your notice of appeal must be submitted in accordance with the provisions of 25 § CFR 2.214 within 30 days of the date you receive notice of this decision pursuant to 25 CFR § 2.203. If you do not file a timely appeal, you 8—Notice of Decision will have failed to exhaust administrative remedies as required by 25 CFR Part 2. If no appeal is timely filed, this decision will become effective at the expiration of the appeal period. No extension of time may be granted for filing a notice of appeal. Your notice of appeal must comply with the requirements in 25 CFR § 2.214. It must clearly identify the decision being appealed. If possible, attach a copy of this decision letter. The notice and the envelope in which it is mailed should be clearly labeled, "Notice of Appeal." If electronic filing is available, "Notice of Appeal" must appear in the subject line of the email submission. Your notice of appeal must list the names and addresses of the interested parties known to you and certify that you have sent them and this office copies of the notice by any of the mechanisms permitted for transmitting the NOA to the BIA. If the reviewing official is the IBIA, you must also send a copy of your appeal to the AS—IA and to the Associate Solicitor, Division of Indian Affairs. If the reviewing official is the IBIA, your appeal will be governed by the IBIA's regulations, at 43 CFR Part 4. If you can establish that you are an enrolled member of a federally recognized Tribe and you are not represented by an attorney,you may, within 10 days of receipt of this decision, request assistance from this office in the preparation of your appeal. Our assistance is limited to serving your filings on the interested parties and allowing limited access to government records and other documents in the possession of this office. We cannot obtain an attorney for you or act as your attorney on the merits of the appeal. If you file a notice of appeal, the IBIA will notify you of further procedures. If no appeal is timely filed, this decision will become final for the Department of the Interior at the expiration of the appeal period. Sincerely, Digitally signed by BRYAN MERCIER Date:2023.12.21 08:56:22 -08 00 Bryan K. Mercier Northwest Regional Director 9—Notice of Decision Distribution List of Notice of Decision Governor Jay Inslee Office of Governor Post Office Box 40002 Olympia, Washington 98504-0002 Certified Mail ID:91 7199 9991 7038 8707 9199 Jefferson County Board of Commissioners Post office Box 1220 Port Townsend,Washington 98368 Certified Mail:91 7199 9991 7038 8707 9205 10—Notice of Decision Pao, c,..1 0,„1 ' LL.I cc DJ - LL. 0 Lu --8 44-0e ,,' i a+ c ' o E E 0 o .4.. CO o 1/40 m 'CI co RI 0 CO rsj ; = 0 = 0 Ca CU u c „ isz, c = 3 IIIIIMMIIIIIIIMmin r0 0 4''' 0 ru .............. 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