Constitution of the Skokomish Indian Tribe [and Related Documents]
Amended: March 17, 1980
The tribe makes their constitution and related documents available online. The links below will take you to the versions of the constitution and other documents available on the tribe's website.
CONSTITUTION OF THE SKOKOMISH INDIAN TRIBE, MAY 3, 1938, AS AMENDED MARCH 17, 1980
CORPORATE CHARTER OF THE SKOKOMISH INDIAN TRIBE, MAY 24, 1939
COMPACT OF SELF-GOVERNANCE, JULY 20, 1995
TREATY OF POINT NO POINT, JANUARY 26, 1855
EXECUTIVE ORDER – SKOKOMISH RESERVE, FEBRUARY 25, 1874
Constitution of the Skokomish Indian Tribe
Amended March 17, 1980
PREAMBLE
We, the members of the Skokomish Indian Tribe, acting pursuant to the
Indian Reorganization Act of 1934, 43 Stat. 984, as amended, do hereby
adopt this constitution in order to form a better tribal organization,
secure the rights and powers inherent in our sovereign status and guaranteed
to us by treaty and by Federal Law, to preserve our culture and tribal
identity, promote the social and economic welfare of our people,
protect and develop our common resources, maintain peace and order,
and safeguard individual rights. This constitution shall revoke and
replace the constitution and bylaws approved by the Secretary of the
Interior on May 3, 1938, as amended, and shall govern the Skokomish
Indian Tribe from its effective date on.
ARTICLE I - TERRITORY AND JURISDICTION
Section 1. Reservation
Except as prohibited by the Treaty of Point No Point and Federal Law, the Skokomish Tribe shall have jurisdiction over all persons, property, lands, waters, airspace, and resources and all activities occurring within the exterior boundaries of the Skokomish Indian Reservation.
Sec. 2. Other Areas
(a) Outside the boundaries of the Skokomish Reservation at the tribe s usual and accustomed fishing grounds and stations, on open and unclaimed lands reserved to the tribe by treaty for hunting and gathering, and on lands and waters which are used far access to fishing, hunting, and gathering territories, the Skokomish Tribe shall have jurisdiction as follows:
(1) Jurisdiction over all tribal members;
(2) Jurisdiction over other persons who are not members of the Skokomish Tribe to the extent authorized by treaty or Federal Law;
(3) Jurisdiction over personal property of all persons subject to the tribe s jurisdiction;
(4) Jurisdiction to implement and protect all rights and powers reserved or granted to the tribe by treaty, by the United States Constitution and Federal Law.
(b) In all other areas the Skokomish Tribe shall have jurisdiction to implement and protect all rights and powers reserved or granted to the tribe by treaty, by the United States Constitution and Federal Law.
Section 1. Members
The membership of the Skokomish Tribe shall include the following persons:
(a) All persons of Indian blood whose names appear on the census roll of the tribe as of January 1, 1937;
(b) All persons born between January 1,1937, and January 12, 1966, to any member of the Skokomish Tribe who was a resident of the reservation at the time of the child s birth;
(c) All persons of at least one-fourth (1/4) degree Skokomish blood;
(d) All persons of at least one-eight (1/8) degree Skokomish blood and at least one-fourth (1/4) degree total Indian blood who are descendants of any Skokomish tribal member; and
(e) All persons adopted into the membership as provided in Section 4 of this article.
Sec. 2. Dual Membership Prohibited
No person who is an enrolled member of any other Indian nation, tribe, band, or community shall at the same time be a member of the Skokomish Tribe. Status as an at-large shareholder in a regional corporation established pursuant to the Alaska Native Claims Settlement Act shall not be construed as enrollment for purposes of this section.
Sec. 3. Enrollment Procedures
(a) No person shall be enrolled in the Skokomish Tribe who has not applied for membership according to tribal regulations.
(b) The tribal council shall have the following powers regarding enrollment of tribal members:
(1) The power to enact ordinances setting procedures for enrollment and correction of the tribal roll; and
(2) Subject to approval of the Secretary of the Interior where required by Federal Law, the power to correct the original or current tribal roll at any time by adding the names of persons who should have been included or by deleting the names of persons who have relinquished their tribal membership or who were incorrectly included in the roll.
(c) A living person may be removed from the tribal roll only for failure to meet the qualifications set out in this constitution. Any person subject to removal from the roll shall be provided with reasonable notice of the proposed action and an opportunity to present evidence on his or her behalf.
Sec. 4. Adoption
A person may be enrolled as an adopted member of the Skokomish Tribe only upon a majority vote of the General Council. Upon petition of an enrolled member of the Skokomish Tribe, the General Council may consider the adoption of any person with Indian blood who (1) is related by blood or marriage to an enrolled member of the Skokomish Tribe or (2) has resided in Mason County and participated in Skokomish community affairs for a substantial period of time.
Section 1. Electorate
All tribal members eighteen (18) years old or older shall be members of the General Council of the Skokomish Tribe and shall be eligible to vote in all tribal elections, referenda, and meetings of the General Council.
Sec. 2. Regular Meetings of the General Council
The General Council shall meet at least four (4) times each year, beginning on the first Saturday of March, June, September, and December. If unavoidable circumstances, as determined by the Tribal Council, prevent the General Council from meeting on one of the days listed in this section, the meeting shall be held on the next possible Saturday.
Sec. 3. President of the General Council
At the annual elections in June, the voters shall elect a President of the General Council. The President, who shall serve a one (1)-year term, shall preside at all meetings of the General Council. In the absence of the General Council President, the Chairman of the Tribal Council shall preside at General Council meetings. Tribal Council members, tribal employees, and other tribal officers shall not be prohibited from also serving as President of the General Council.
Sec. 4. Special Meetings of the General Council
Special meetings of the General Council may be called by the President, by the Tribal Council, or by at least twenty (20) members of the General Council who sign a petition which indicates the subjects to be addressed at the meeting. Within five (5) days after he or she receives a members petition or a Tribal Council request for a special meeting, the President of the General Council shall set the date for a meeting as provided in section 5 of this article. The meeting shall be held within thirty (30) days after the President receives the request for a meeting.
Sec. 5. Notice of General Council Meetings
At least five (5) days before each General Council meeting, the President of the General Council shall notify the General Council membership of the date, time, place, and agenda for the meeting.
Sec. 6. Quorum
Except as otherwise provided in this constitution, a quorum of the General Council shall be twenty-five (25) eligible voters.
Sec. 7. General Council Procedures
The General Council shall consider items on the agenda before considering matters raised from the floor. The agenda of each regular General Council meeting shall include a report by the tribal administrator of the finances of the tribal government during the fiscal quarter immediately preceding that quarter in which the meeting falls.
Sec. 8. Powers of the General Council
The exercise of powers listed in this section shall be subject to any express limitation contained in this constitution or in Federal Law.
(a) No branch, agency, or officer of the Skokomish Tribe, except the General Council, may exercise the following powers:
(1) To sell or relinquish land owned by the Skokomish Tribe or land held by the United States in trust for the tribe and to approve any proposed sale, encumbrance, or disposition of tribal land;
(2) To sell or relinquish any tribal hunting or fishing rights, grounds, or stations;
(3) To consent to termination of the Skokomish Reservation;
(4) To relinquish any tribal jurisdiction to another government, agency, person, or organization, provided that cooperative law enforcement agreements shall not be considered relinquishment of tribal jurisdiction;
(5) To diminish or terminate any other right reserved to the Skokomish Tribe by treaty; and
(6) To adopt persons into membership in the Skokomish Tribe.
(b) The General Council shall not be deemed to have given its consent to any action described in subsections (1) through (5) of this section unless at least seventy-five percent (75%) of all members of the General Council have voted in favor of such action.
(c) All powers that are not expressly delegated in this constitution or in the future by the General Council to the Tribal Council or to any other officer or agency of the Skokomish Tribe are powers reserved to the General Council.
Section 1. Powers of the Governing Body
Except as it is expressly limited in this constitution and by Federal Law; the governing power of the Skokomish Tribe shall be exercised by the Tribal Council.
Sec. 2. Composition of the Tribal Council
The Tribal Council shall be composed of seven (7) persons elected by the General Council.
Sec. 3. Qualifications of Tribal Council Members
All members of the Skokomish Tribe who physically reside in Mason County, Washington and who are eighteen (18) years old or older shall be eligible to become candidates for and serve on the Tribal Council. No more than one (1) immediate family member of any person already on the Tribal Council shall become a candidate for or serve on the council. "Immediate family member" shall mean mother, father, brother, sister, spouse, son or daughter.
Sec. 4. Terms of Office
Each Tribal Council member shall be elected for a term of four (4) years. Terms of office for the seven (7) council members shall be staggered, two (2) members being elected each year for three (3) consecutive years and one (1) member being elected in the fourth year.
Sec. 5. First Election
Persons who are members of the Tribal Council at the time this constitution is adopted shall serve on the council until the regular annual elections following the date on which their three (3)-year terms would have expired under the preceding tribal constitution. Two (2) members shall be added to the Tribal Council in the following way: At the first regular election in June following the effective date of this constitution, two (2) persons shall be elected to fill the added council seat. One (1) person shall be elected to a term which shall expire at the same time as the term of the fifth Tribal Council member elected under the preceding tribal constitution. The other person shall be elected to a term which shall expire during the year in which no other council members are elected.
Sec. 6. Officers of the Tribal Council
Each time an election of a Tribal Council member has been held, the Tribal Council shall elect from within its own membership a chairman, vice-chairman, and secretary and may elect or appoint from within or outside the council any other officers it thinks are necessary and appropriate.
Sec. 7. Regular Meetings of the Tribal Council
The Tribal Council shall meet at least once each month at a designated regular time. The council may set more frequent regular meetings as necessary. The council shall cause to be published the schedule of all regular meetings.
Sec. 8. Emergency Meetings
Emergency meetings of the Tribal Council may be called by the council chairman or by three (3) council members. The persons calling emergency meetings shall make reasonable efforts to provide notice of the meetings to every council member and to the tribal membership.
Sec. 9. Procedures of the Tribal Council
(a) Except as provided in this constitution, the Tribal Council shall establish its own rules of procedure.
(b) A quorum of the Tribal Council shall be four (4) members. Unless otherwise provided by this constitution or tribal law, official Tribal Council actions shall be taken by majority vote of the members present.
(c) All meetings of the Tribal Council shall be open to the public, except that the council may recess at its discretion to discuss any matter in closed session as long as the subject-matter to be discussed is expressed in the motion calling for a closed session and no official action is taken in the closed session. Copies of all ordinances and resolutions adopted by the Tribal Council and minutes of all open meetings of the Tribal Council, its committees and subcommittees shall be maintained at the tribal office and shall be available for inspection by all interested persons
Sec. 10. Compensation
The Tribal Council may set compensation of council members, officers, and committee members as it believes is advisable.
ARTICLE V - POWERS OF THE TRIBAL COUNCIL
Section 1. Governing Powers
The Tribal Council shall have the following powers, subject to any express limitations contained in this constitution or imposed by Federal Law:
(a) To borrow money from public and private sources, and to pledge, mortgage, or assign tribal assets and income; but no tribal land shall be pledged or mortgaged without the approval of the General Council;
(b) To set aside and to spend tribal funds for tribal purposes;
(c) To impose taxes on all persons and property within the tribe s jurisdiction; but no tax shall be imposed on real property held in trust by the United States;
(d) To charter and regulate corporations, cooperatives, associations, special districts, educational and charitable institutions, political subdivisions, and other entities;
(e) To license and to regulate the conduct of business activities within the tribe s jurisdiction;
(f) To establish business enterprises as branches or agencies of the Skokomish tribal government and otherwise to engage in business activities which promote the economic well being of the Skokomish Tribe and its members;
(g) To purchase or acquire in other ways land and other property; to use, manage, assign, lease, encumber, exchange, place in trust, and dispose of land and other assets owned by the tribe; and to veto any proposed sale, encumbrance, or other disposition of tribal land or assets; but any sale, pledge, mortgage, or relinquishment of tribal land must first be approved by the General Council;
(h) To manage, develop, protect, and regulate the use of water, fish and wildlife, minerals, timber, and all other natural resources within the Skokomish Tribe s jurisdiction; and to regulate land use and development in areas within the tribe s jurisdiction;
(i) To condemn for public purposes real and personal property or interests in property within the Skokomish Tribe s jurisdiction; but no real property owned by or held in trust for members of the Skokomish Tribe shall be condemned without the approval of the General Council; and owners of property condemned by the tribal government shall be paid the fair market value of their land and all improvements on it;
(j) To enact laws and ordinances governing the conduct of individuals and defining offenses against the tribe; to maintain order and to protect the safety and welfare of all persons within the Skokomish Tribe s jurisdiction; and to provide for the enforcement of laws and ordinances of the Skokomish Tribe;
(k) To establish a tribal court or courts and to provide for the courts jurisdiction, procedures, and the selection of judges;
(l) To prescribe the conditions under which nonmembers may enter and remain on the Skokomish Reservation; and to establish procedures for the exclusion of nonmembers from the reservation and for extradition from Skokomish territory of persons who are accused of crimes in other jurisdictions;
(m) On behalf of the tribe to consult, negotiate, and contract with agencies and officers of Federal, state, local, and tribal governments and with private persons arid organizations;
(n) To employ legal counsel on behalf of the tribe and for the benefit of tribal members, but the choice of counsel and the fees paid shall be subject to approval by the Secretary of the Interior as long as that approval is required by Federal Law;
(o) to assert as a defense to lawsuits against the tribe and to waive as permitted by Federal Law the sovereign immunity of the Skokomish Tribe;
(p) To regulate the inheritance of land and property within the tribe s jurisdiction as permitted by Federal Law; and to provide for escheat of property to the Skokomish Tribe; but no law or ordinance governing the inheritance of property owned by tribal members shall be effective without the approval of the General Council;
(q) To regulate the domestic relations of Skokomish tribal members; to provide for the guardianship of minors and incompetent persons within the Skokomish Tribe s jurisdiction; and to provide services for the health, education, and welfare of all persons within the tribe s jurisdiction;
(r) To establish procedures consistent with this constitution for the nomination and election of tribal officers and for the conduct of all other tribal elections;
(s) To appoint, direct, and set the compensation of the Tribal Manager; and to establish policies and procedures for the employment of tribal government personnel;
(t) Subject to any limitations imposed by this constitution, to delegate any powers vested in the Tribal Council to subordinate tribal officers, tribal employees, committees, or other appropriate persons; but any such delegation of the Tribal Council s powers shall be by written resolution;
(u) To take all actions which are necessary and proper for the exercise of the powers listed here and any powers hereafter vested in the Tribal Council.
Sec. 2. Public Hearings
Before enacting any ordinance which will apply generally to private persons or property, the Tribal Council shall hold public hearings at which interested members of the public shall have the opportunity to comment on the proposed legislation.
Sec. 3. Powers Reserved to Tribal Members
Any rights and powers which have at any time been vested or shall in the future be vested in the Skokomish Tribe but which are not expressly referred to in this constitution shall not be limited or forfeited by the fact that they art not listed here. Such rights and powers may be exercised by the members of the General Council or delegated by them to the Tribal Council or other officers and agencies of the tribe without amendment of this constitution.
Section 1. Tribal Manager
The execution of tribal laws and policies and the management of all tribal business shall be the responsibility of the Tribal Manager. The Tribal Manager shall have the following responsibilities;
(a) To prepare an annual tribal budget for approval by the Tribal Council and to manage the operation of the tribal government in accordance with the approved budget;
(b) To appoint subordinate officers and administrators of tribal government agencies and departments, except as otherwise provided by the Tribal Council;
(c) To carry out faithfully the laws and policies of the Skokomish Tribe as determined by the Tribal Council and the General Council; and
(d) To carry out any other responsibilities and exercise any other powers properly delegated to him or her by the Tribal Council or the General Council.
Sec. 2. Qualifications
The Tribal Manager shall be twenty-five (25) years old or older. In the appointment of the manager, the Tribal Council shall give first preference to qualified members of the Skokomish Tribe and second preference to members of other Indian tribes.
Sec. 3. Term of Employment
The Tribal Manager shall be appointed by and serve at the pleasure of the Tribal Council. The Tribal Council shall not terminate the manager s employment without first providing him or her reasonable written notice and an opportunity to be heard.
ARTICLE [VII] - ELECTION, INAUGURATION, AND REMOVAL OF OFFICERS
Section 1. Elections
Regular elections of Tribal Council members and the General Council President shall be held on the first work day following the June General Council meeting. Elections shall be by secret ballot.
Sec. 2. Inauguration
Persons elected to tribal office shall assume office at the first regular Tribal Council meeting following their election. Each newly elected officer shall swear or affirm publicly that he or she will uphold the constitution and the laws of the Skokomish Tribe.
Sec. 3. Removal of Council Members
The Tribal Council may, by majority vote of its total membership, remove any member for gross misconduct in office or neglect of duty, including repeated failure to attend council meetings. Any Tribal Council member subject to removal in this way shall be provided, before a vote is taken, with reasonable written notice of the charges against him or her and with a fair opportunity to reply to such charges and to present evidence on his or her behalf. A council member may appeal to the General Council from a decision by the Tribal Council to remove him or her from office.
Sec. 4. Recall Elections
If at least one-third (1/3) of the eligible voters of the Skokomish Tribe sign a petition requesting recall of an elected tribal officer or officers and present the petition to the Tribal Council or to the General Council President, the General Council shall vote by secret ballot at its next regular meeting whether to recall the officer or officers named in the petition. No recall vote shall be valid unless the number of persons casting ballots is equal at least to sixty percent (60%) of the number of persons who cast ballots in the most recent annual tribal election. If a majority of the persons casting ballots vote to recall an officer, the position shall be declared vacant.
Sec. 5. Vacancies
If a Tribal council member dies, resigns, or is removed or recalled from office, the Tribal Council shall appoint a successor, who shall serve until the next annual election in June. At the June election the voters shall select a person to hold the office for the remainder of the original office holder s term. If a President of the General Council dies, resigns, or is recalled from office, the voters shall elect a successor at the next regular meeting of the General Council. Until a successor to the President is elected, the Tribal Council Chairman shall perform the duties of the President. The successor shall serve until the next annual election in June.
Section 1. Right of Initiative
Voters of the Skokomish tribe shall have the right to cause a vote of the General Council on any legislation proposed by the voters and on any proposed or enacted ordinance or resolution of the Tribal Council. No later than thirty (30) days after he or she receives a petition signed by at least one-third (1/3) of the eligible voters, the President of the General Council shall call an election according to the procedures for calling special General Council meetings.
Sec. 2. Initiative Procedure
Voting on all initiatives shall be by secret, written ballot. No initiative vote shall be valid unless the number of persons casting ballots is equal at least to sixty percent (60%) of the number of persons who cast ballots in the most recent annual tribal election. Unless at least two-thirds (2/3) of all persons who cast ballots vote in favor of the proposed measure or action, the initiative proposal shall be deemed to have failed.
ARTICLE IX - RIGHTS OF INDIVIDUALS
The Skokomish Tribal Government shall not deny to any person within
its jurisdiction freedom of speech, press, or religion or the
right to assemble peacefully. The tribal government shall not deny to
any person the equal protection of tribal laws or deprive any person
of liberty or property without due process of law. The tribe shall provide
to all persons within its jurisdiction the rights guaranteed by the
Indian Civil Rights Act of 1968.
This constitution shall take effect when it has been adopted
by a majority of the qualified voters at an election called by the Secretary
of the Interior in which at least fifty percent (50%) of those entitled
to vote cast ballots and when the constitution has been approved by
the Secretary of the Interior.
This constitution may be amended by an election called for that purpose
by the Secretary of the Interior if at least thirty percent (30%) of
those entitled to vote cast ballots in the election and a majority of
those voting favor the amendment. Amendments adopted in this way shall
be submitted for the approval of the Secretary of the Interior. The
Secretary shall call an election on a proposed amendment to the constitution
upon receipt of a petition signed by at least one-third (1/3) of the
tribe s eligible voters as defined by the Secretary s regulations, or
upon receipt of a resolution of the Tribal Council.
CERTIFICATE OF RESULTS OF ELECTION
Pursuant
to an order issued on Sept 7 , 1979, by the Acting
Deputy , Commissioner of Indian Affairs, the foregoing Constitution
of the Skokomish Indian tribe was submitted for adoption to the qualified
voters of the tribe and was on Jan. 15 , 1980, duly
adopted rejected by a vote of 41 for
and 21 against, in a election which at least fifty percent
(50%) of the 95 entitled to vote cast their ballots in accordance
with Article X of the existing Constitution of the Skokomish Indian
Tribe and Section 16 of the Indian Reorganization Act of June 18, 1934
(48 Stat. 982) as amended by the Act of June 15, 1935 (49 Stat. 378).
S//James
Aavok Jr.
Chairman,
Election Board
S//Mary
J. Andrews
Election
Board Member
S//Charlotte
J. Tobin
Election
Board Member
Date: January 15, 1980
I, William Hallett , Commissioner of Indian Affairs,
by virtue of the authority granted to the Secretary of the Interior
by the Act of June 13, 1934 (43 Stat. 934), as amended, and delegated
to me by 230 D.M. 1.1, do hereby approve the Constitution of the Skokomish
Indian Tribe; provided, that nothing in this approval shall be construed
as authorizing any action under the constitution that would be contrary
to Federal Law.
S//William
Hallett
Commissioner of Indian Affairs
Washington,
D.C.
Date: March 17 1980
UNITED
STATES DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CORPORATE
CHARTER
OF THE
SKOKOMISH INDIAN TRIBE OF THE SKOKOMISH INDIAN RESERVATION
WASHINGTON
CORPORATE
CHARTER OF THE
SKOKOMISH INDIAN RESERVATION
A
FEDERAL CORPORATION CHARTERED UNDER THE ACT OF
JUNE 18, 1984
Whereas, the Skokomish Indian Tribe of the Skokomish Indian Reservation
in the State of Washington constitutes a recognized Indian tribe organized
under a constitution and bylaws adopted by the members of the Tribe
on April 2, 1938, and approved by the Secretary of the Interior
on May 3, 1938, pursuant to Section 16 of the Act of June 18, 1934 (48
Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 378); and
Whereas, more than one-third of the adult members of the Tribe have petitioned that a charter of incorporation be granted to such Tribe, subject to ratification by a vote of the adult Indians living on the reservation;
Now, therefore, I, Oscar L. Chapman, the Assistant Secretary of the Interior, by virtue of the authority conferred upon me by the said Act of June 18, 1934 (48 Stat. 984), do hereby issue and submit this charter of incorporation to the Skokomish Indian Tribe of the Skokomish Reservation to be effective from and after such tine as it may be ratified by a majority vote of the adult Indians living on the reservation at an election in which at least 30 percent of the eligible voters vote.
Corporate Existence.
1. In order to further the economic development of the Skokomish Indian Tribe of the Skokomish Reservation in the State of Washington by conferring upon the said Tribe certain corporate rights, powers, privileges and immunities; to secure for the members of the Tribe an assured economic independence; and to provide for the proper exercise by the Tribe of various functions heretofore performed by the Department of the Interior, the aforesaid Tribe is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "The Skokomish Indian Tribe."
Perpetual Succession.
2. The Skokomish Indian Tribe shall, as a Federal corporation, have perpetual succession.
Membership.
3. The Skokomish Indian Tribe shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Tribe, as provided by its duly ratified and approved Constitution and Bylaws.
Management.
4. The Skokomish Indian Tribal Council established in accordance with the said Constitution and Bylaws of the Tribe, shall exercise all the corporate powers hereinafter enumerated.
Corporate Powers.
5. The Tribe, subject to any restrictions contained in the Constitution and laws of the United States, or in the Constitution and Bylaws of the said Tribe, shall have the following corporate powers, in addition to all powers already conferred or guaranteed by the tribal constitution and bylaws:
(a) To adopt, use, and alter at its pleasure, a corporate seal.
(b) To purchase, take by gift, bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, subject to the following limitations:
(1) No sale or mortgage may be made by the Tribe of any land, or interests in land, including water power sites, now or hereafter held by the Tribe.
(2) No mortgage may be made by the Tribe of any standing timber on any land now or hereafter held by the Tribe within the boundaries of the Skokomish Reservation.
(3) No leases, permits (which terms shall not include land assignments to members of the Tribe) or timber sale contracts covering any land or interests in land now or hereafter held by the Tribe within the boundaries of the Skokomish Reservation, shall be made by the Tribe for a longer term than five years, and all such leases, permits, or contracts must be approved by the Secretary of the Interior or by his duly authorized representative; but mineral leases or any leases requiring substantial improvements of the land may be made for longer periods when authorized by law.
(4) No action shall be taken by or in behalf of the Tribe which in any way operates to destroy or injure the tribal grazing lands, timber, or other natural resources of the Skokomish Reservation. All leases, permits and timber-sale contracts relating to the use of tribal grazing or timber lands shall conform to regulations of the Secretary of the Interior authorized by Section 6 of the Act of June 18, 1934, with respect to range carrying capacity, sustained yield forestry management, and other matters therein specified. Conformity to such regulations shall be made a condition of any such lease, permit, or timber sale contract, whether or not such agreement requires the approval of the Secretary of the Interior, and violation of such condition shall render the agreement revocable, in the discretion of the Secretary of the Interior.
(c) To issue interests in corporate property in exchange for restricted Indian lands, the forms for such interests to be approved by the Secretary of the Interior.
(d) To borrow money from the Indian Credit Fund in accordance with the terms of Section 10 of the Act of June 18, 1934, (48 Stat. 984), or from any other governmental agency, or from any member or association of members of the Tribe, and to use such funds directly for productive tribal enterprises, or to loan money thus borrowed to individual members or associations of members of the Tribe: Provided, That the amount of indebtedness to which the Tribe may subject itself, aside from loans from the Indian Credit Fund, shall not exceed $1,000 except with the express approval of the Secretary of the Interior.
(e) To engage in any business that will further the economic well-being of the members of the Tribe or to undertake any activity of any nature whatever, not inconsistent with law or with any provisions of this Charter.
(f) To make and perform contracts and agreements of every description, not inconsistent with law or with any provisions of this Charter, with any person, association, or corporation, with any municipality or any county, or with the United States or the State of Washington, including agreements with the State of Washington for the rendition of public services: Provided, That all contracts involving payment of money by the corporation in excess of $300 in any one fiscal year shall be subject to the approval of the Secretary of the Interior or his duly authorized representative.
(g) To pledge or assign chattels or future tribal income due or to become due to the Tribe: Provided, That no such assignment of tribal income other than an assignment to the United States, shall extend more than ten years from the date of execution nor amount for any one year to more than one-half of the net tribal income from any one source: And, provided further, That any such pledge or assignment shall be subject to the approval of the Secretary of the Interior or his duly authorized representative.
(h) To deposit corporate funds, from whatever source derived, in any National or State bank to the extent that such funds are insured by the Federal Deposit Insurance Corporation, or secured by a surety bond, or other security approved by the Secretary of the Interior; or to deposit such funds in the postal savings bank or with a bonded disbursing officer of the United States to the credit of the Tribe.
(i) To sue and to be sued in courts of competent jurisdiction within the United States; but the grant or exercise of such power to sue and to be sued shall not be deemed a consent by the Tribe or by the United States to the levy of any judgment, lien, or attachment upon the property of the Tribe other than income or chattels specially pledged or assigned.
(j) To exercise such further incidental powers, not inconsistent with law, as may be necessary to the conduct of corporate business.
Termination of Supervisory Powers.
(6) Upon request of the Skokomish Indian-Tribal Council for the termination of any supervisory powers reserved to the Secretary of the Interior under Sections 5 (b) (3), 5 (c), 5 (d) 5 (f), 5 (g), 5 (h), and Section 8 of this Charter, the Secretary of the Interior, if he shall approve such request, shall thereupon submit the question of such termination for ratification by the Tribe. The termination shall be effective upon ratification by a majority vote of the adult members of the Tribe residing on the reservation, at an election in which at least 30 percent of the eligible voters vote. If at any time after ten years from the date of ratification of this Charter, such request shall be made and the Secretary shall disapprove it or fail to approve or disapprove it within 90 days after its receipt, the question of its termination may then be submitted by the Secretary or by the Tribal Council to popular referendum of the adult members of the Tribe actually living within The reservation, and if the termination is approved by two-thirds of the eligible voters, it shall be effective.
Corporate Property.
(7) No property rights of the Skokomish Indian Tribe shall be in any way impaired by anything contained in this Charter, and the tribal ownership of unalloted lands, whether or not assigned to the use of any particular individuals, is hereby expressly recognized. The individually owned property of members of the Tribe shall not be subject to any corporate debts or liabilities without such owners consent. Any existing lawful debts of the Tribe shall continue in force, except as such debts may be satisfied or canceled pursuant to law.
Corporate Dividends.
(8) The Tribe may issue to each of its members a non-transferable certificate of membership evidencing the equal share of each member in the assets of the Tribe, and may distribute in the form of special per capita benefits, such as pensions for the old and disabled, death, hospital and sick benefits, as well as for any special needs that may develop among the recognized members of the Tribe, all income of the Tribe over and above sums necessary to defray corporate obligations to members of the Tribe or to other persons devoted to the establishment of a reserve fund, the construction of public works, the costs of public works, the costs of public enterprises, the expenses of tribal governments, or other corporate purpose. No such distribution of profits in any one year amounting to a distribution of more than one-half of the accrued surplus, shall be made without the approval of the Secretary of the Interior. No financial assets of the Tribe shall be distributed except as provided herein.
Corporate Accounts.
(9) The officers of the Tribe shall maintain accurate and complete public accounts of the financial affairs of the Tribe, which shall clearly show all credits, debts, pledges, and shall furnish an annual balance sheet and report of the financial affairs of the Tribe to the Commissioner of Indian Affairs.
Amendments.
(10) This Charter shall not be revoked or surrendered except by Act of Congress, but amendments may be proposed by resolutions of the Tribal Council, which, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members living on the reservation at a popular referendum in which at least 30 per cent of the eligible voters vote.
Ratification.
(11) This Charter shall be effective from and after the date of its ratification by a majority of the adult members of the Skokomish Indian Tribe living on the Skokomish Reservation, provided at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Taholah Agency and the Chairman and Secretary of the Skokomish Indian Tribal Council.
Submitted by the Assistant Secretary of the Interior for ratification by the Skokomish Indian Tribe of the Skokomish Reservation.
|
Oscar
L. Chapman (SEAL) |
Washington, D. C., May 24, 1939.
CERTIFICATION
Pursuant to Section 17 of the Act of June 18, 1934 (48 Stat. 984) this Charter, issued on May 24, 1939, by the Assistant Secretary of the Interior to the Skokomish Indian Tribe of the Skokomish Reservation in Washington, was duly submitted for ratification to the adult members of the Tribe living on the reservation and was on July 22, 1939, duly ratified, by a vote of 40 for, and 14 against, in an election in which over 30 per cent of those entitled to vote cast their ballots.
Leonard
Hawk,
Chairman, Skokomish Indian Tribal Council.
Elizabeth
Byrd,
Secretary, Skokomish Indian Tribal Council
N. O. Nicholson,
Superintendent, Taholah Agency
COMPACT
OF SELF-GOVERNANCE
BETWEEN
THE
SKOKOMISH INDIAN TRIBE AND THE UNITED STATES OF AMERICA
Article I. Authority and Purpose
Section 1 - Authority. This
agreement, denoted a Compact of Self-Governance (hereinafter referred
to as the "Compact") is entered into by the Secretary of the
Interior (hereinafter referred to as the Secretary), for and on behalf
of the United States of America pursuant to the authority granted by
TITLE II of P.L 103-413, and by the Skokomish Tribal Council by the
authority of the Constitution and Bylaws of the Skokomish Indian Tribe
of the Skokomish Indian Reservation (hereinafter referred to as the
"Tribe")
Section 2 - Purpose. This Compact shall be liberally construed
to achieve its purposes:
(a) This Compact is to carry out Self -Governance as authorized by Title II of Pub. L. 103-413, which built upon the Self- Governance Demonstration Project, and transfers control of tribal governments, upon tribal request, over funding and. decision making of Federal Programs, services, functions, and activities as an effective way to implement the Federal policy of government-to government relations with Indian tribes.
(b) This Compact is to enable the Skokomish Indian Tribe to redesign programs, activities, functions, and services of the Bureau of Indian Affairs; to reallocate funds for such programs, activities, functions, or services according to its tribal priorities; to provide such programs, activities, functions, and services, as determined by its tribal priorities; to enhance the effectiveness and long term financial stability of its tribal government; to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior, other than through the Bureau of Indian Affairs, to the extent as provided in the annual funding agreement applicable to such non-BIA program, service, function or activity; and to reduce the Federal-Indian service bureaucracy.
(c) This Compact is to enable the United States to maintain and improve its unique and continuing relationship to the Skokomish Indian Tribe through tribal self-governance as proposed by the Skokomish Indian Tribe which will allow the Tribe to: take its rightful place in the family of governments in the Federal constitutional system; remove federal obstacles to effective self-governance; reorganize tribal government programs and services; and provide a documented example for the development of future Federal-Indian policy. This policy of self-governance shall permit an orderly transition from federal domination of programs and services to allow the Skokomish Indian Tribe the meaningful authority to plan, conduct, and administer those programs and services to meet the needs of the Skokomish people. To implement Self-Governance, the Department of the Interior is also expected to continue their current efforts to reorganize to provide the same level of services to other tribal governments and demonstrate new policies and methods to provide improved service delivery to address tribal needs. In fulfilling its responsibilities under the Compact, the Secretary hereby pledges that the Department will conduct all relations with the Skokomish Tribe on a government-to-government basis.
Section 3 - Tribal Law and Forums. The duly enacted laws
of the Skokomish Tribe shall be applied in the execution of this Compact
and the powers and decisions of the Tribe s Court shall be respected,
to the extent that federal law, construed in accordance with the applicable
canons of construction and Title II of Pub.L. 103-413, is not inconsistent.
Article II. Terms, Provisions and Conditions
Section 1 - Term. The term of this Compact begins October
1, 1995 and shall extend thereafter throughout the time period authorized
by Title II of Pub. L. 103-413, and any subsequent amendments thereto.
Section 2 - Effective Date. This Compact shall be
effective when signed by the Secretary or an authorized representative
of the Tribe. The annual funding agreement required by Pub. L. 103-413
and this Compact shall be signed by the Tribe and the Secretary
or an authorized representative and be forthwith submitted by the Secretary
or an authorized representative and the Tribe to the Committee on Indian
Affairs of the United States Senate, the Committee on Natural Resources
of the United States House of Representatives and to the tribes served
by the Olympic Peninsula Agency, and shall be effective ninety
days after such submission, unless otherwise provided by law. Successor
Annual Agreements shall be likewise submitted.
Section 3 - Funding Amount. Subject only to the appropriation
of funds by the Congress of the United States and to Section 403(g)
of Pub. L. 103-413, the Secretary or an authorized representative shall
provide to the Tribe the total amount specified in the Annual Agreement
incorporated by reference in Article VI, Section 2.
Section 4 - Payment. Payments shall be made as expeditiously
as possible in compliance with applicable Treasury Department regulations
and shall include financial arrangements to cover funding during periods
under continuing resolutions to the extent permitted by such resolutions.
To the extent authorized by law, for each fiscal year covered by the
Compact, the Secretary or an authorized representative will pay to the
Tribe the funds specified for that fiscal year under the Annual Agreement
in advance in the form of an Annual Payment, by using an instrument such as a letter of credit, or other method authorized by law, or
a combination thereof, as may be specified in the Annual Agreement.
To the extent applicable, each annual payment shall be made on the first
day of the first quarter of the fiscal year on or before ten (10)
calendar days of the date on which the Office of Management and Budget
apportions the appropriations for that fiscal year for the programs,
activities, functions and services subject to the Compact.
Section 5 - Reports To Congress. In order to implement
Section 405 of Title II of Pub. L. 103-413 throughout the period of
the Compact, the united States shall make a written report to the Congress,
which shall separately include the views of the Tribe concerning the
matters encompassed in Section 405 (b).
Section 6 - Audits.
(a) The Tribe shall provide to the Designated Official an annual single organization-wide audit as prescribed by the Single Audit Act of 1984, 31 U.S. # 7501, et seq., and shall adhere to generally accepted accounting principles and Circular A-128 of the Office Of Management and Budget as follows:
(i) The costs of this Compact consists of the direct and support costs, including indirect costs, actually incurred in the performance of this Compact, determined in accordance with the cost principles set forth in the 0MB circular A-87 in effect as of October 1, 1990, except as provided herein; provided, however, that if the Office or Management and Budget revises any provisions of such Circular:
1. The revisions shall not apply to the Compact unless agreed to by the Tribe until the Secretary determines their applicability as provided below.
2. The Secretary shall immediately review the revisions in consultation with the Tribe to determine if the revisions are detrimental to the Self-Governance project or inconsistent with the intent of the Act.
3. If it is determined that the revisions are neither detrimental and inconsistent with the intent of the Act, the Secretary will amend this Compact to include those revisions.
(ii) The Secretary has received the concurrence of the Office of Management and Budget for the term of the annual funding agreement authorized by Title II of Pub. L. l02-413 that allowable costs shall include:
1. Depreciation and Use Allowances. The Computation of use allowances or depreciation shall be based on the acquisition costs of the assets involved. Where actual cost records have not been maintained, a reasonable estimate of the original acquisition costs may be used in the computation.
2. Publication and Printing Costs. Publication costs include the costs of printing or other reproduction through the information media (including processes of composition, plate making, press work, binding, and the end products produced thereby, including books, newspapers and newsletters, as well as radio, television and the production of video tapes) for any purpose in support, including, but not limited to, providing program-related information to the Skokomish community, if such costs are charged directly to self-governance.
3. Automatic Data Processing Equipment (ADP). The costs of ADP equipment are allowable as direct charges whether or not owned by the Tribe subject to any statutory limitations and to the extent that they are reasonable in light of such factors as rental costs of comparable property; market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of the property leased.
4. Supplemental Funding. Costs incurred to obtain supplemental funds are allowable as direct charges to the extent that funds generated are used to further the Compact goals and objectives. Funds generated are treated as program income. Costs of investment counsel and staff and similar costs incurred to enhance income from fund raising efforts are allowable.
5. Investment Management. Costs of investment counsel and staff and similar costs incurred to enhance income from fund raising efforts are allowable. Investment management costs associated with pensions plans and self-insurance funds are considered to be an allowable cost under the cost principles and are normally handled as part of the indirect cost or fringe benefit rates that are charged on a consistent basis to all funding sources -
6. Idle Facilities and Idle Capacity. These costs, exclusive of repairs and maintenance, are allowable, except to the extent they are necessary when acquired but are now idle because of changes in program requirements or other causes which could not have been reasonably foreseen.
7. Lobbying. Lobbying costs of compactors/contractors are unallowable to the extent prohibited by applicable statutory restrictions.
8. Professional Service and Litigation Costs. Costs of legal, accounting, consulting and related costs in connection with the prosecution or defense of claims against the Federal Government are unallowable. The costs of such services in connection with contract disputes or other matters related to the performance of the contract until a final administrative decision is reached is allowable.
(iii) With the concurrence of the Office of Management and Budget, the Secretary will continue to seek approval of the following costs allowable:
1. Rental/Lease Costs. The building, space, and related facility costs of space, land and personal property whether or not owned by the Skokomish Indian Tribe are allowable subject to any statutory limitations and to the extent that they are reasonable in light of such factors as rental cost of comparable property; market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of the property leased.
2. Interest. Except for interest pertaining to charges incurred for new buildings, other interest remains unallowable. At the time of preparation of the Skokomish Tribes FY96 Annual Funding Agreement and first Self-Governance Compact, OMB was still studying whether or not interest expense should be allowable for major building reconstruction and remodeling or fabrication of capital equipment.
No other audit or accounting standards, except as specified in Article IV, Section 2, shall be required by the Secretary or his or her representative of the Tribe. To the extent that Tribal Law is not inconsistent, small and minority business audit firms shall be afforded maximum practical opportunity to participate in fulfilling the requirements herein. The preference requirements of the Indian Self-Determination and Education Assistance Act, as amended, 25 U.S.C. 450e(b) , shall apply to such audits pursuant to Section 2 of Article V of this Compact.
Section 7 - Records. The following provisions will supplement
Tribal Law on document disclosure and will govern record keeping associated
with this Compact:
(a) Except for previously provided copies of tribal records that the Secretary or an authorized representative demonstrates are clearly required to be maintained as parts of the record keeping system of the Department of the Interior, tribal records shall not be considered federal -records for purposes of chapter 5 of title 5, United States Code.
(b) The Tribe shall maintain a record system, and provide reasonable access to records to the Secretary or an authorized representative, which permits the Department of Interior to meet its minimum legal record keeping requirements under the Federal Records Act, 44 U.S.C. 3101.et seq., and which will allow for retrocession of this Compact in whole or in part pursuant to Section 13 of this Article.
(c) The
Tribe shall maintain in its record keeping system all documents
necessary for the annual audit requirement in Section 6 of
this Article, and shall provide reasonable access to records to
the Secretary or an authorized representative.
Section 8 - Property.
(a) At the request of the Tribe, the Secretary or an authorized representative shall make available to the Tribe reasonably divisible real property, facilities, equipment, and personal property that the Department of the Interior had previously utilized to provide the programs, activities, functions and services now consolidated by the Skokomish Tribe pursuant to Article III of this Compact. A mutually agreed upon list specifying the property, facilities, and equipment to be utilized shall also be prepared and periodically revised so that such property can be properly recorded in the Bureau of Indian affairs Property Inventory.
(b) Subject to the agreement of the General Services Administration, the Secretary hereby delegates to the Tribe the authority to acquire such surplus or "excess" property as may be appropriate in the judgement of the Tribe to support the programs, activities, functions, and services designated under Article III of this Compact. The Secretary or an authorized representative agrees to make best efforts to assist the Tribe in obtaining such confiscated, surplus or excess property as may become available to the Skokomish Tribe, other tribes and Local governments. Upon the request of the Tribe, a Screener Identification Card (General Services Administration Form 2946) shalt be issued to the Tribe.
(c) The Tribe shall determine what capital equipment, leases, rentals, property or services, it shall require to perform its obligations under Title III of this Compact, and shall acquire and maintain such records of such capital equipment, property rentals, leases, property or services through tribal procurement procedures.
(d) Property and equipment furnished by the federal government for use in the performance of this Compact and Annual Funding Agreement and property which was purchased with funds under any compact or annual funding agreement which has a value in excess of $5,000 at the time of retrocession, rescission or termination of the funding agreement, and is not donated, shall be subject to reversion with title reverting to the Secretary at the option of the Secretary.
(e) Property and equipment furnished by the federal government for use in the performance of the Compact and funding agreement or purchased with funds under any funding agreement that is used by the Tribe in the performance of this compact shall remain eligible for replacement on the same basis as if title to such property were vested in the United States.
Section 9 - Savings. If it becomes apparent that funds allocated
by the Tribe pursuant to its budget process, to any activity as defined
in the Annual Funding Agreement are in excess of that needed for such
activity, the Tribe may reallocate that excess to any
other activity under this Compact. Any funds not
expended during the term of any of the fiscal years of
this Compact may be carried over to the succeeding Fiscal year, but
such carry-over shall not diminish the amount of funds that the Tribe
is authorized to receive in that succeeding Fiscal year or in any subsequent
Fiscal year.
Section 10 - Use of Motor Vehicles. Subject to the
agreement of the General Services Administration, the Secretary hereby
authorizes the Tribe to obtain Interagency Motor Pool Vehicles and related
services, if available, for performance of any activities under this
Compact
Section 11 - Regulatory Authority. The Secretary and
the Tribe agree to utilize the following procedures governing the establishment
and application of regulations under this Compact:
(a) Program Guidelines. The Tribe is not required to abide by federal program guidelines, manuals, policy directives, etc. except for those which it specifically agrees to. The Tribe may adopt its own guidelines to be used in place of the existing federal guidelines. However, if the Tribe decides to replace federal guidelines, the Tribe shall give written notice to the Designated Official.
(b) Federal Regulations. The Tribe agrees to abide by all federal regulations as published in the Federal Register unless waived in accordance with Section 403 (i) (2) of Title II of Pub. Law 103-413.
(c) In order to put to good use the Secretary s waiver authority as authorized by Section 403 and (i) of Pub.L.103-413, the Secretary will seek to expedite the waiver of any federal regulations which the Secretary or the Tribe determine presents an obstacle to the carrying out of the Compact and annual funding agreement, its purposes, and the programs, activities, functions, and services pursuant to the Compact, under the following procedures:
(i) if at any time the Tribe determines that one or more specific federal regulations requires waiver to effectively carry out the Compact or Annual Funding Agreement, the Tribe may submit a written request for waiver to the Designated Official, identifying the regulation sought to be waived and the basis for the request.
(ii) Not later, than 60 days after receipt by the Secretary of a written request by the Tribe to waive application of a federal regulation f or any funding agreement, the Secretary shall either approve or deny the requested waiver in writing to the Tribe. A denial of a request may be made only upon a specific finding by the Secretary that identified language in the regulation may not be waived because such waiver is prohibited by federal law. The Secretary s decision shall be final for the Department.
Section 12 - Disputes
(a) Section 110 of Pub.L. 93-638, as amended, shall apply to disputes under this Compact and any annual funding agreement.
(b) In addition or as an alternative to remedies and procedures prescribed by Section 110 of Pub.L. 93-638, as amended, the parties jointly may:
(i) Submit disputes under this Compact to third-party mediation, which for purposes of this Section means that the Secretary or an authorized representative and the Tribe nominate third parties who together choose a third party mediator("Third party" means a person not employed by or significantly involved with either the Tribe or the Secretary or the Department of the Interior); or
(ii) Submit the dispute to the Tribe s Court; or
(iii) Submit the dispute to mediation processes provided for under the Tribe s law.
(iv) The Secretary shall be expected to accept decisions reached by mediation processes or the Tribal Court, but he/or she shall not be bound by any decision which might be in conflict with the interests of tribal members, other Indians or the United States.
Section 13 - Retrocession. The retrocession provisions of
Section 105(e) of Pub. L. 93-638, as amended, and any regulations thereunder,
are herein adopted, except that the effective date of such retrocession
of this Compact, in whole or in part, shall be 45 calendar days from
the date of request by the Tribe unless the Tribe requests an effective
date that is more than 45 calendar days, in which case the Tribe s requested
date shall be the effective date of such retrocession. If the United
States and the Tribe mutually agree to an effective date of less than
45 calendar days from the date of the request by the Tribe, the mutually-agreed
upon date shall be the effective date of such retrocession.
Section 14 - Tribal Administrative Procedures. Tribal law
and tribal forums shall provide administrative due process rights pursuant
to the Indian Civil Rights Act of 1968, 25 U.S.C. 1301, et seq., that
persons, or groups of persons, may have with respect to services, activities,
programs, and functions that are provided by the Tribe pursuant to this
Compact.
Section 15 - Successor Annual Agreement. Negotiations for
a successor Annual Agreement, as provided far in Article VI, Section
2, shall begin no later than 120 days in advance of the conclusion of
the preceding Annual Agreement. Pursuant to Sections 403(b) and (g)
and Section 404 of Pub. L. 103-413, the Secretary shall make best efforts
to continue and to promote self-governance in preparing his/or her budget
for subsequent years. The Tribe is hereby assured that future funding
of successor Annual Agreements shall only be reduced pursuant to the provisions of Section 106(b) of Pub. L. 93-638, as amended.
The Secretary or an authorized representative agrees to prepare and
supply relevant information, and promptly to comply with the Tribe s
requests for information reasonably needed to determine the funds that
may be available for a successor Annual Agreement as provided for in
Article VI, Section 2 of this Compact.
Section 16 - Secretarial approval.
(a) Every contract entered into by the Tribe in connection with a program, activity, function or service encompassed by this Compact, shall be in writing, identifying the interested parties, their authorities and purposes, state the work to be performed, the basis for any claim, the payments to be made, and the term of the contract which shall be fixed. Contracts which comport with the requirements of this section but which might be void without secretarial approval under 25 U.S.C. 81, shall be expeditiously reviewed by the Secretary under the following procedures:
(i) if at any time the Tribe determines that a contract may be subject to 25 U.S.C 81, the Tribe may submit a written request for approval to the Designated Official and the Secretary or an authorized representative shall render a written decision to the Tribe within thirty (30) days of receipt of the request.
(Ii) if the Secretary or an authorized representative determines that 25 U.S.C. 81 does not apply, he/or she shall proceed to review the contract and shall make a determination indicating that he/or she would not wish his/or her view of 25 U.S.C. 81 to subject the contract to an assertion it is null and void and, not wishing to disrupt the Tribe s legitimate contracting activity, has accommodated the Tribe by reviewing and approving (or Disapproving) the contract.
(iii) for the period that the agreement entered into under Title II of Pub. L. 103-413 is in effect, the provisions of section 2103 of the Revised Statutes of United States (25 U.S.C. 81) and section 16 of the Act of June 18, 1934 (25 U.S.C. 476) shall not apply to attorney and other professional contracts by Indian tribal governments participating in self-governance operating under any annual funding agreement.
Section 17 - Matching Funds. All funds provided under this
Compact and any annual, funding agreement entered into pursuant to Title
II of Pub. L. 103-413, and all funds provided under contracts or grants
made pursuant to Pub.L.93-638, as amended, shall be treated as non-federal
funds for purposes of meeting matching requirements under any federal
law.
Article III. Obligations of the Tribe
Section 1 - Consolidation. With the exception of the specific
responsibilities of the United States identified and retained in Article
IV, Section 3, and the programs, activities, functions, and services
funded as provided in Section 403 (b) (4) of Pub. L. 103-413, the Tribe
will perform the programs, activities, functions and services as provided
for in the Annual Agreement, as provided in Article VI, Section 2 of
this Compact. To the extent a program, activity, function, or service
included within such Annual Agreement was included within a contract
or grant entered into pursuant to PL 93-638, as amended or subject to
any obligation arising from such contract or grant, that contract or
grant is terminated and the parties obligation shall be governed by
this Compact.
Section 2 - Amount of Funds. The total amount of funds
covered by the consolidation and redesign provided for in Section 1
of this Article that the Secretary or his/or her authorized representative
shall make available to the Skokomish Tribe shall be determined in an
Annual Agreement between the Secretary and the Skokomish Indian Tribe,
which shall be incorporated in its entirety to this Compact and attached
hereto as provided for in Article VI, Section 2.
Section 3 - Tribal Programs. The Tribe agrees to provide
such programs, activities, functions, and services that are identified
in the Annual Agreement. The Tribe pledges to practice utmost good faith
in upholding its responsibly to provide such program, activities, functions
and services.
Section 4 - Trust Services for Individual Indians. To
the extent that the Annual Agreement endeavors to provide trust services
to individual Indians that were formerly provided by the Secretary or
an authorized representative, the Tribe will maintain at least the same
level of service as was previously provided by the Secretary or an authorized
representative. The Tribe pledges to practice utmost good faith in upholding
its responsibility to provide such services. Trust services for Individual
Indians means only services that pertain to land or financial management
connected to individually held allotments.
Section 5 - Reallocation. Reallocation of funds from
one program, activity, function, or service to another within a General
Budget Category, or from one General Budget Category to another shall
be governed only by tribal law and procedure and shall not require Secretarial
consent. In the event a reallocation involves 30% or more, on a cumulative
annual basis, of funds for a physical resource trust or trust fund management
function performed by the Tribe, the Tribe shall provide notice to the
Secretary s Designated Official, together with an explanation of how
the Tribe s responsibilities will continue to be fulfilled.
Article IV. Obligations of the United States
Section 1 - Trust Responsibilities. The United states reaffirms
its trust responsibility to the Skokomish Indian Tribe of the Skokomish
Indian Reservation to protect and conserve, the trust resources of the
Skokomish Indian Tribe, and of individual Indians, of the Skokomish
Indian reservation. Nothing in this Compact is intended to, nor should
be interpreted, to terminate, waive, modify, diminish or reduce the
Trust responsibility of the United States to the Tribe or individual
Indians. The Secretary pledges to practice utmost good faith in upholding
said trust responsibility.
Section 2 - Trust Evaluations. Pursuant to Pub. L. 103-413,
Section 403 (d), the United States shall monitor through an annual trust
evaluation the trust functions performed by the Tribe pursuant to Article
III and the Annual Agreement.
Further, the United States shall reassume any program, service, function or activity, or portions thereof, if there is a finding of imminent jeopardy to a physical trust asset, natural resource, or the public health and safety.
In the absence of a definition of imminent jeopardy pursuant to negotiated rule making, imminent jeopardy shall mean significant devaluation and/or loss of a physical trust asset or natural resource or the intended benefit from such asset or resource; or significant diminishment of public health and safety caused by the Tribe s action or inaction.
Evaluations shall not be burdensome and shall be conducted on a cost effective basis.
(a) For purposes of this section, a Trust Evaluation will entail a determination that trust functions assumed by the Skokomish Indian Tribe are carried out in compliance with all applicable federal laws and regulations, unless a regulation waiver has been approved in accordance with section 403 (i) (2) (A) as may be verified through:
(1) A review of transactions.
(2) On-site inspections of those trust resources.
(3) A review of tribal management practices.
(4) Any other criteria, processes or appropriate practices as may be negotiated in the annual funding agreement.
(b) Information and analysis obtained in the performance of such evaluations shall be immediately provided to the Tribe s designated representative.
(c) If the United States Designated Official makes findings which indicate a risk of imminent jeopardy, the United States Designated Official shall immediately notify the Tribe of the specific concerns.
(d) Unless there is imminent jeopardy, the United States shall not take back the responsibility for management of that program, service, activity, or function, or portion thereof. If, however, resources are available, the United States will provide appropriate assistance to the Tribe to enable the protection and conservation of physical trust assets, natural resources and preservation of public health and safety.
(e) If there is imminent jeopardy, as defined in this subsection, the United States shall, upon two (2) days advance written notice to the Tribe, immediately take over the responsibility for the management of such endangered physical trust asset, natural resource or public health and safety, and may use a reasonable portion of funds remaining for such program for that purpose, notwithstanding any other provisions of this Compact.
Section 3 - Programs Retained. As specified in the Annual
Agreement, the United States hereby retains the programs, services,
functions, and activities with respect to the Tribe that are not specially
assumed by the Tribe in the Annual Agreement. The Secretary agrees
that a Program Outcome Evaluation shall be performed by a Compact Evaluation
Team, which shall consist of one representative off the Secretary, and
one representative of the Tribe, annually as to each program, activity,
function, or service which is retained by the United States pursuant
to this section. Evaluations shall not be burdensome and shall be conducted
on a cost effective basis. The findings and recommendations of the Evaluation
Team shall be reported to the Tribe and Secretary or his/or her authorized
representative.
Section 4 - Financial and Other Information. The Tribe
shall be eligible for new programs, activities, services and functions
on the same basis as other tribes and the Secretary shall advise the
Tribe of the funding available for such programs. To assist the Tribe
in monitoring compliance with Title II of Pub.L.103, the United States
shall provide:
(a) monthly copies of Bureau of Indian Affairs. Status of Obligations reports of the Central Office concerning Portland Area obligations;
(b) monthly Status of Obligations reports of the Area Office concerning programs, activities, functions, and services performed in the Portland Area which are comparable to those performed by the Tribe under this Compact; and
(c) revisions in such program plans, guidelines or budgets as they are made.
Responses providing other information which may be requested by the Tribe shall be made within ten working days.
Article V. Other Provisions
Section 1 - Designated Officials. On or before the effective
date of this Compact, both the United States and the Tribe shall provide
each other with a written designation of a senior official as its representative/liaison
official for notices, proposed amendments to the Compact and other purposes
of this Compact.
Section 2 - Indian Preference in Employment in Employment. Contracting
and Subcontracting. Tribal Law shall govern
the provision of Indian preference in Employment, Contracting, and Subcontracting
pursuant to this Compact. Section 104 of Pub. L. 93-638,
as amended, shall apply to individuals who leave federal employment
for tribal employment.
Section 3 - Insurance. The Tribe shall be fully covered
by such liability insurance or equivalent coverage that the Secretary
or his/or her authorized representative provides or obtains pursuant
to Section 102 (c) of Pub.L. 93-638, as amended. Additionally, the Tribe
will be fully covered by all liability coverage under the Federal Tort
Claims Act that is made available to the Secretary or his/or her authorized
representative or to PL 93-638 contractors and their employees under
federal law, as the same may be amended from time to time, and shall
be responsible in the same manner as PL 93-638 contractors.
Section 4 - Compact Modifications or Amendments. To
be effective any modification of this Compact shall be in the form of
a written amendment to the Compact, and shall require the written consent
of the Tribe and the United States.
Section 5 - Construction. In the implementation of
this Compact, the Secretary, to the extent feasible, shall interpret
Federal laws and regulations in a manner that facilitates this Compact
in accordance with Section 403(i) of Pub. L. 103-413.
Section 6 - Officials Not To Benefit. No member of or delegate
to Congress, or resident commissioner, shall be admitted to any share
or part of any contract executed pursuant to this Compact, or to any
benefit that may arise therefrom; but this provision shall not be construed
to extend to any contract under this Compact if made with a corporation
for its general benefit.
Section 7 - Covenant Against contingent Fees. The
parties warrant that no person or selling agency has been employed or
retained to solicit or secure any contract executed pursuant
to this Compact upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by
the contractor for the purpose of securing business. For breach or violation
of this warranty the Government shall have the right to annul any contract
without liability or in its discretion to deduct from the contract price
or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
Section 8 - Penalties. The parties agree that the criminal
penalties set forth in 25 U.S.C. 450d apply to all activities conducted
pursuant to this Compact.
Section 9 - Wage and Labor Standard. The parties agree that
the wage and labor provisions set forth in 25 U.S.C. 450e apply to all
laborers and mechanics employed by contractors or subcontractors in
the construction, alteration, or repair, including painting or redecorating
of buildings or other facilities in connection with this Compact.
Section 10 - Non-BIA Programs. Subject to the provisions
of the regulations to be promulgated pursuant to Section 407 of Title
II of Pub.L.103-413, the administration of programs, services, functions,
or activities under Section 403 (b) (2), (b) (3) , and (c) of Title
II of Pub. L. 103-413, shall be controlled by the terms of the applicable
annual funding agreements.
Article VI. Attachments
Section 1 - Approval of Compact. The resolution of the Skokomish
Indian Tribe approving this Compact is attached hereto as Attachment
1.
Section 2 - Annual Agreement. The negotiated and duly
approved Annual Agreement with respect to the Skokomish Indian Tribe
identifying those programs, services, functions, and activities, to
be performed, the General Budget Category assigned, and the funds to
be provided, is hereby incorporated in its entirety in this Compact
and attached hereto as Attachment 2. This Compact shall be in effect
only during the term of any such Annual Agreement
DATED THIS 7th DAY OF June , 1995.
SKOKOMISH INDIAN TRIBE
BY Patrick LaClair Chairman
UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR
BY Ada E. Deer Assistant Secretary
JUL 20 1995
Articles of agreement and convention made and concluded at Hahdskus
or Point no Point, Suquamish Head, in the Territory of Washington, this
twenty-sixth day of January, eighteen hundred and fifty-five, by Isaac
I. Stevens, governor and superintendent of Indian affairs for the said
Territory, on the part of the United States, and the undersigned chiefs,
headmen, and delegates of the different villages of the S Klallams,
viz: Kah-tai, Squah-quaihtl, Tch-queen, Ste-tchtlum, Tsohkw, Yennis,
Elh-wa, Pishtst, Hunnint, Klat-la-wash, and Oke-ho, and also of the
Sko-ko-mish, To-an-hooch, and Chem-a-kum tribes, occupying certain lands
on the Straits of Fuca and Hood s Canal, in the Territory of Washington,
on behalf of said tribes, and duly authorized by them.
Article 1. The said tribes and bands of Indians hereby cede, relinquish,
and convey to the United States all their right, title, and interest
in and to the lands and country occupied by them, bounded and described
as follows, viz: Commencing at the mouth of the Okeho River, on the
Straits of Fuca; thence southeastwardly along the westerly line of territory
claimed by the Makah tribe of Indians to the summit of the Cascade
Range; thence still southeastwardly and southerly along said summit
to the head of the west branch of the Satsop River, down that branch
to the main fork; thence eastwardly and following the
line of lands heretofore ceded to the United States by the Nisqually
and other tribes and bands of Indians, to the summit of the Black Hills,
and northeastwardly to the portage known as Wilkes Portage; thence
northeastwardly, and following the line of lands heretofore ceded to
the United States by the Dwamish, Suquamisb, and other tribes and bands
of Indians, to Suquamish Head; thence northerly through Admiralty Inlet
to the Straits of Fuca; thence westwardly through said straits to the
place of beginning; including all the right, title, and interest of
the said tribes arid bands to any land in the Territory of Washington.
Article 2. There is, however, reserved for the present use and occupation
of the said tribes and bands the following tract of land, viz: The amount
of six sections, or three thousand eight hundred and forty acres, situated
at the head of Hood s Canal, to be hereafter set apart, and so far as
necessary, surveyed and marked out for their exclusive use; nor shall
any white man be permitted to reside upon the same without permission
of the said tribes and bands, and of the superintendent or agent; but,
if necessary for the public convenience, roads may be run through the
said reservation, the Indians being compensated fur any damage thereby
done them. It is, however, understood that should the President of the
United States hereafter see fit to place upon the said reservation any
other friendly tribe or band, to occupy the same in common with those
above mentioned, he shall be at liberty to do so.
Article 3. The said tribes and bands agree to remove to and settle upon the said reservation within one year after the ratification
of this treaty, or sooner if the means are furnished them. In the mean
time, it shall be lawful for them to reside upon any lands not in the
actual claim or occupation of citizens of the United States, and upon
any land claimed or occupied, if with the permission of the owner.
Article 4. The right of taking fish at usual and accustomed grounds
and stations is further secured to said Indians, in common with all
citizens of the United States; and of erecting temporary houses for
the purpose of curing; together with the privilege of hunting
and gathering roots and berries in open and unclaimed lands. Provided,
however,
That they shall not take shell-fish from any beds staked or cultivated
by citizens.
Article 5. In consideration of the above cession the United States
agree to pay to the said Tribes and bands the sum of sixty thousand
dollars, in the following manner, that is to say: during the first year
after the ratification hereof, six thousand dollars; for the next two
years, five thousand dollars each year; for the next three years, four
thousand dollars each year; for the next four years, three thousand
dollars each year; for the next five years, two thousand
four hundred dollars each year; and for the next five years,
one thousand six hundred dollars each year. All which said sums of money
shall be applied to the use and benefit of the said Indians under the
direction of the President of the United States, who may from time to
time determine at his discretion upon what beneficial objects to expend
the same. And the superintendent of Indian affairs, or other proper
officer, shall each year inform the President of the wishes of said
Indians in respect thereto.
Article 6. To enable the said Indians to remove to and settle upon
their aforesaid reservations, and to clear, fence, and break up a sufficient
quantity of land for cultivation, the United States further agree to
pay the sum of six thousand dollars, to be laid out and expended under
the direction of the President, and in such manner as he shall approve.
Article 7. The President may hereafter, when in his opinion the
interests of the Territory shall require, and the welfare of said Indians be promoted, remove them from said reservation to such other
suitable place or places within said Territory as he may deem fit, on remunerating them for their improvements and the expenses of their
removal; or may consolidate them with other friendly tribes or bands.
And he may further, at his discretion, cause the whole or any portion
of the lands hereby reserved, or of such other lands as may be selected
in lieu thereof, to be surveyed into lots, and assign the same to such
individuals or families as are willing to avail themselves of the privilege,
and will locate thereon as a permanent home, on the same terms and subject
to the same regulations as are provided in the sixth article of the
treaty with the Omahas, so far as the same may be applicable. Any substantial
improvements heretofore made by any Indian, and which he shall be compelled
to abandon in consequence of this treaty, shall be valued under the
direction of the President, and payment made therefore accordingly.
Article 8. The annuities of the aforesaid tribes and bands shall
not be taken to pay the debts of individuals.
Article 9. The said tribes and bands acknowledge their dependence
on the Government of the United States, and promise to he friendly with
all citizens thereof; and they pledge themselves to commit no depredations
on the property of such citizens. And should anyone or more of them
violate this pledge, and the fact be satisfactorily proven before the
agent, the property taken shall be returned, or in default thereof,
or if injured or destroyed, compensation may he made by the Government
out of their annuities. Nor will they make war on any other tribe, except
in self-defense, but will submit all matters of difference between them
and other Indians to the Government of the United States, or its agent, for decision, and abide thereby. And if any of the said Indians
commit any depredations on any other Indians within the Territory, the
same rule shall prevail as that prescribed in this article
in cases of depredations against citizens. And the said tribes agree
not to shelter or conceal offenders against the United States, but to
deliver them up for trial by the authorities.
Article 10. The above tribes and bands are desirous to exclude from
their reservation the use of ardent spirits, and to prevent their people
from drinking the same, and therefore it is provided that any Indian
belonging thereto who shall be guilty of bringing liquor into said reservation,
or who drinks liquor, may have his or her proportion of the annuities
withheld from him or her for such time as the President may determine.
Article 11. The United States further agree to establish at the
general agency for the district of Puget s Sound, within one year from
the ratification hereof, and to support for the period of twenty
years, an agricultural and industrial school, to be free to children
of the said tribes and bands in common with those of the other tribes
of said district, and to provide a smithy and carpenter s shop, and
furnish them with the necessary tools, and employ a blacksmith,
carpenter, and farmer for the term of twenty years, to instruct the
Indians in their respective occupations. And the United States further
agree to employ a physician to reside at the said central agency,
who shall furnish medicine and advice to the sick, and shall vaccinate
them; the expenses of the said school, shops, persons employed, and
medical attendance to be defrayed by the United States, and not deducted
from the annuities.
Article 12. The said tribes and bands agree to free all slaves
now held by them, and not to purchase or acquire others hereafter.
Article 13. The said tribes and bands finally agree not to trade
at Vancouver s Island, or elsewhere out of the dominion of the
United States, nor shall foreign Indians be permitted to reside in their
reservations without consent of the superintendent or agent.
Article 14. This treaty shall be obligatory on the contracting parties
as soon as the same shall be ratified by the President of the United
States.
In testimony whereof, the said Isaac I. Stevens, governor and superintendent of Indian affairs, and the undersigned chiefs, headmen, and delegates of the aforesaid tribes and bands of Indians have hereunto set their hands and seals at the place and on the day and year herein-before written.
Isaac I. Stevens, governor and superintendent. [l. s.]
|
Chits-a-mah-han, the Duke of York, Chief of the S klallams, his x mark. [l.s.] |
Skai-se-ee, or Mr. Newman, S klallam sub-chief, his x mark. [l.s.] |
|
Dah-whil-luk, Chief of the Sko-ko-mush, his x mark. [l.s.] |
Kahs-sahs-a-matl,
S klallam sub-chief, his x |
|
Kul-kah-han, or General Pierce, Chief of the Chem-a-kum, his x mark. [l.s.] |
S hote-ch-stan,
S klallam sub-chief, his x |
|
Hool-hole-tan, or Jim, Sko-ko-mish sub-chief, his x mark. [l.s.] |
Lah-st, or Tom, S klallam sub-chief, his x mark. [l.s.] |
|
Sai-a-kade, or Frank, Sko-ko-mish sub-chief, his x mark. [l.s.] |
Tuls-met-tum, Lord Jim, S klallam sub-chief, his x mark. [l.s.] |
|
Loo-gweh-oos, or George, Sko-ko-mish sub-chief, his x mark [l.s.] |
Yaht-le-min, or General Taylor, S klallam sub-chief, his x mark. [l.s.] |
|
E-dagh-tan, or Tom, Sko-ko-mish sub-chief, his x mark. [l.s.] |
Kla-koisht, or Captain, S klallam sub-chief, his x mark. [l.s.] |
|
Kai-a-han, or Daniel Webster, Chem-a-kum sub-chief, his x mark. [l.s.] |
Sna-talc, or General Scott, S klallam sub-chief, his x mark. [l.s.] |
|
Ets-sah-quat,
Chem-a-kum sub-chief, his x |
Tseh-a-take, or Tom Benton, S klallam sub-chief, his x mark. [l.s.] |
|
Kleh-a-kunst,
Chem-a-kum sub-chief, his x |
Yah - kwi - e - nook, or General Gaines, S klallam sub-chief, his x mark. [l.s.] |
|
He-atl, Duke of Clarence, S klallam sub-chief, his x mark. [l.s.] |
Kai-at-lah, or General Lane, Jr., S klallam sub-chief, his x mark. [l.s.] |
|
Lach-ka-nam, or Lord Nelson, S klallam sub-chief, his x mark. [l.s.] |
Captain Jack, S klallam sub-chief, his x mark. [l.s.] |
|
Tchotest, S klallam sub-chief, his x mark. [l.s.] |
He-ach-kate, S klallam sub-chief, his x mark. [l.s.] |
|
Hoot-ote St, or General Lane, S klallam sub-chief, his x mark. [l.s.] |
Tsoh-as-hau, or General Harrison, S klallam sub-chief, his x mark. [l.s.] |
|
To-totesh, S klallam sub-chief, his x mark. [l.s.] |
Kwah-nalt-sote,
S klallam sub-chief, his x |
|
Hah-kwia-mihl,
S klallam sub-chief, his x |
S hoke-tan, S klallam sub-chief, his x mark. [l.s.] |
|
Paitl, S klallam sub-chief, his x mark. [l.s.] |
PART III. EXECUTIVE ORDERS RELATING TO RESERVES.
. . . . . . . . . . . . . . . . . . . .
Skokomish Reserve
[In
Puyallup Agency; area, one-half square mile; occupied by Clallam, Twana,
and Skokomish; treaty January 26, 1855]
EXECUTIVE MANSION, February 25, 1874.
It is hereby ordered that there be withdrawn from sale or other disposition and set apart for the use of the S Klallam Indians the following tract of country on Hood s Canal in Washington Territory, inclusive of the six sections situated at the head of Hood s Canal, reserved by treaty with said Indians January 26, 1855 (Stats. at Large, vol. 12, p. 984), described and bounded as follows: Beginning at the mouth of the Skokomish River; thence up said river to a point intersected by the section line between sections 15 and 16 of township 21 north, in range 4 west; thence north on said line to a corner common to sections 27, 28, 33, and 34 of township 22 north, range 4 west; thence due east to the southwest corner of the southeast quarter of the southeast quarter of section 27, the same being the southwest corner of A. D. Fisher s claim; thence with said claim north to the northwest corner of the northeast quarter of the southeast quarter of said section 27; thence east to the section line between sections 26 and 27; thence north on said line to corner common to sections 22, 23, 26, and 27; thence east to Hood s Canal; thence southerly and easterly along said Hood s Canal to the place of beginning.
U.S. Grant.
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