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HomeMy WebLinkAbout2024 07 30 PGST Comments 2024-07-01 JeffCo CPP amends MP-PGST Policy 10 compress20 DRAFT Countywide Planning Policies for Jefferson County | May 1, 2024 Revised 6/4/24; includes revisions from 5/14/24 GMSC Meeting and comments from Jefferson Transit and Jefferson County Public Works. Revisions are identified in purple and explanatory comments in [orange] as needed POLICY #10 POLICY ON PROTECTION OF TRIBAL CULTURAL RESOURCES AND COORDINATION Protection of Tribal Cultural Resources Although state and federal laws protect cultural and archaeological resources, local comprehensive plans should direct coordination with Tribes to proactively protect and manage these resources. Examples of archaeological and cultural resources important to Tribes include but are not limited to, shell middens, campsites, pictographs, kettles, geologic formations associated with cultural resources, plants along logging roads, and burial sites. The Port Gamble S’Klallam Tribe identifies its cultural resources in the Law and Order Code under Title 35 Cultural Resources. 1. Protect significant regional historic and cultural resources, such as landmarks, archaeological sites, historic and cultural landscapes, and areas of special tribal characater. 2. Proactively seek tribal coordination when land use activity may have potential impacts to culturally significant sites and tribal treaty fishing, hunting, and gathering grounds. 3. Preserve, protect, and enhance cultural amenities by protecting tribal cultural artifacts, historic structures, farms and other historical settlements throughout the rural landscape, through cultural and historical preservation planning efforts. Local tribes should will be consulted and included early in the planning process to ensure that tribal recommendations are thoughtfully consideredincluded. Coordination Like all governments, Tribes engage in land use planning and economic development to provide jobs, housing, and services, as well as the development and maintenance of supportive infrastructure. As sovereign nations, Tribes are not required to plan under the Growth Management Act, but can and do recognize the importance of coordination with governments. The following policies are intended to facilitate collaboration between Tribes and Jefferson County governments in land use and comprehensive planning: 1. Strengthen County, City, and Tribal relationships with engagement of meaningful government-to-government (G2) consultations. The G2G relationship will be supplemented and enhanced with regular informal engagement and coordination between the County, the City, and the Tribes. G2G consultation occurs independent of the public involvement process. 1.2. Coordinate with tribes in regional and local planning, recognizing the mutual benefits and potential for land use impacts to tribal boundaries and interests. 2.3. Meaningful and substantial opportunities for early and continuous tribal government participation shall be incorporated into regional and local planning activities. 3.4. Local jurisdictions shall provide meaningful opportunities for discussion for tribal government on issues of interest. 4.5. Local jurisdictions, tribal governments, and federal agencies are encouraged to coordinate plans between governments and agencies to address substantive areas of mutual interest, especially when geographic areas overlay, and promote complementary and cooperative efforts. 5.6. County, City, and Tribes are encouraged to inform each other about matters of See DCD Staff Note on 2nd page. 21 DRAFT Countywide Planning Policies for Jefferson County | May 1, 2024 Revised 6/4/24; includes revisions from 5/14/24 GMSC Meeting and comments from Jefferson Transit and Jefferson County Public Works. Revisions are identified in purple and explanatory comments in [orange] as needed local and regional interest by mutually agreeable means and schedule. DCD Staff Note: Amendments depicted in red above to Policy #10 are verbatim from a comment submitted on 7/30/2024 by: Marla Powers, Environmental Planner Natural Resources Department Port Gamble S’Klallam Tribe The 8/1/2024 DCD Staff Recommendation for CPP Amendment includes all of the suggestions depicted here with the following two exceptions: 1.The specific reference to the Port Gamble S'Kallam Tribe's Law and Order Code. County staff does not view this statement as appropriate for a Countywide Planning Policy. While informative as to one specific tribe's policy, inclusion in the CPPs would be at a level of specific detail incongruent with the nature of the document. Also, other tribes may have interests that do not coincide with the Port Gamble S'Klallam Tribe's position, and local governments are not the appropriate entities to act as arbiters in situations where different tribes have divergent interests. 2.Substitution in Protection of Tribal Resources, 3., of the word "included" for the word "considered." County staff does not advocate using the term "included" in this instance because it implies unconditional acceptance of a tribe's recommendations without respect to scope and context in any given situation. For example, there may be different recommendations from different tribes on a particular matter, or a tribe's recommendation may be something that the county cannot commit to for practical or legal reasons. Instead, and with respect to the spirit of the comment, staff recommends adding the words "and addressed" to incorporate an additional element to the statement, paired with "considered." The complete phrase "...thoughtfully considered and addressed" implies that tribal recommendations would be more than simply considered; they would be integrated into the process, and if not, explanation provided as to why an alternate course was chosen.