HomeMy WebLinkAboutDISCUSSION re Point no Point JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: May 20, 2024
SUBJECT: Point No Point Treaty Council Letter Regarding the Trust Land Transfer
Program
STATEMENT OF ISSUE:
Earlier this year, Jefferson County applied to the Washington State Department of Natural
Resources (DNR) to receive four tracts of forested land under the Trust Land Transfer (TLT)
Program. Our application survived the first cut and will now be evaluated by the Trust Land
Transfer Advisory Committee. DNR is accepting letters of support through May 15, 2024.
ANALYSIS:
On May 13, 2024 the County received a letter from Randy Harder, Executive Director of the Point
No Point Treaty Council. In the letter he voices concern that the Port Gamble S'Klallam and
Jamestown S'Klallam Tribes were only notified of these potential land transfers on April 23, 2024
and have not had sufficient time to consider the implications of the transfers or have government to
government consultations. They are requesting an extension of the DNR response deadline to
August 24, 2024.
In addition, they are requesting that the County engage with local Tribes before proposing transfers
under the TLT Program.
FISCAL IMPACT:
None.
RECOMMENDATION:
That the Board discuss the letter and potentially take action.
REVIEW D BY:
.S; /3 .?
Mark McCaul , County Administrate Date
Q'' Point No Point Treaty Council
C:1 0> Port Gamble S'Klallam •Jamestown S'Klallam
5/10/2024
Mark McCauley
Jefferson County Administrator
P.O. Box 1220
Port Townsend, WA 98368
RE:Jefferson County Trust Land Transfer applications for the 2025-27 biennium
Mr. Mark McCauley,
On April 23, 2024 the Port Gamble S'Klallam Tribe and Jamestown S'Klallam Tribe received an
email from DNR informing us that four parcels proposed for Trust Land Transfer (TLT) to
Jefferson County met the best interest of DNR's trust responsibilities and would be considered
in the 2025-27 biennium.
The proposed transfers were not preceded by any outreach to either Tribe and were unknown
to the Tribes before April 23. This is deeply disappointing because repeated assurances were
given that receiving agencies would consult with affected Tribes in the TLT process. Now, we are
being asked to support or oppose the projects by May 15. Both Tribes hope to support the TLT
process, encourage local conservation efforts, and increase the net amount of public lands in
Jefferson County, but have significant concerns regarding the possible impact of the TLT process
on treaty rights, and do not support any impact on hunting and gathering rights on these
parcels. We are concerned with any impermissible deed or use restrictions which would infringe
on rights reserved in the Treaty of Point No Point.
In order to ensure we have time to appropriately review the four proposals, the documents
associated with the proposals, and potential for treaty restrictions due to the TLT transfer the
Tribes are requesting an extension to August 24, 2024 to submit responses to DNR. We hope
this will provide the Tribes and County with sufficient time for government-to-government
consultation regarding the potential impacts of Jefferson County's proposed transfers. Of
particular concern any restrictions that would interfere with treaty rights, such as limitations on
tribal access for hunting or gathering, or any use restriction that interferes with the full exercise
of treaty rights.
We will require that the reserved Treaty Rights will explicitly remain intact on these parcels in
perpetuity, or until abrogated by an act of Congress. If the County is unwilling or unable to
meet under this tight timeline, we will have no choice besides objecting to all four proposals.
We would like to a schedule a government-to-government meeting as soon as possible to
discuss our concerns and begin developing solutions and the required assurances.
RE:Jefferson County Trust Land Transfer applications for the 2025-27 biennium 2
In the future, we request that Jefferson County engage with local Tribes before parcels are
proposed for transfer. We are requesting of DNR that in future TLT cycles, Tribes be given 6
months from being notified of the projects that meet DNR's trust obligations to an official
response. This longer time frame will allow Tribes to meaningfully engage with receiving
agencies before providing a response.
Sincerely,
Wel74 1444,6'‘
Randy Harder, Executive Director
Point No Point Treaty Council
CC: Hansi Hals,Jamestown S'Klallam Tribe, Natural Resources Director
Roma Call, Port Gamble S'Klallam Tribe, Natural Resources Director
Kate Dean,Jefferson County Commissioner, District 1
Heidi Eisenhour, Jefferson County Commissioner, District 2
Greg Brotherton,Jefferson County Commissioner, District 3
Patrick DePoe, DNR Tribal Liaison
Kenny Ocker, Trust Land Transfer Program Manager
Hillary Franz, Commissioner of Public Lands