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to Table of Contents Constitution
of the Skokomish Indian Tribe [and Related Documents]
Constitution: May 3, 1938, As Amended March 17, 1980 PREAMBLE
ARTICLE I - TERRITORY AND JURISDICTION
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.
(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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
Except as otherwise provided in this constitution, a quorum of the General Council shall be twenty-five (25) eligible voters.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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
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
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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
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 S//James
Aavok Jr. S//Mary
J. Andrews S//Charlotte
J. Tobin Date: January 15, 1980 S//William
Hallett Washington,
D.C.
UNITED
STATES DEPARTMENT OF THE INTERIOR CORPORATE
CHARTER CORPORATE
CHARTER OF THE A
FEDERAL CORPORATION CHARTERED UNDER THE ACT OF
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.
Submitted by the Assistant Secretary of the Interior for ratification by the Skokomish Indian Tribe of the Skokomish Reservation.
Washington, D. C., May 24, 1939.
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, Elizabeth
Byrd, N. O. Nicholson,
COMPACT
OF SELF-GOVERNANCE
Article I. Authority and Purpose
(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.
(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.
(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.
(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.
(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.
(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.
(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:
(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.
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:
(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.
(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.
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
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.]
PART III. EXECUTIVE ORDERS RELATING TO RESERVES. . . . . . . . . . . . . . . . . . . . . Skokomish Reserve [In
Puyallup Agency; area, one-half square mile; occupied by Clallam, Twana,
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. Back to Top |