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EXHIBIT A Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 2 of 22 v Qadi

LAWRENCE D. KUHN LFGAL SERVICES CENTER Rainier Valley Office 3230 Rainier 'Ave. South Seattle, Washington 98144 (206) 725-2600 Attorney for Snohomish Tribe of Indians, Steilacoom Tribe of Indians, Duwamish Tribe of Indians, and Snoqualmie Tribal Organization

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON 10 AT TACOMA

UNITED STATES OF AMERICA, ) et al, ) ) Plaintiffs, ) ) CIVIL NO. 9 2 1 3 vs, ) ) STATE OF WASHINGTON, ) ORDER OF INTERVENTION et al, ) ) Defendants. ) )

The Court having heard oral argument on August 19, 1974, on the question of the intervention as additional plaintiffs of the 20 Snohomish Tribe of Indians, the Steilacoom Tribe of Indians, the Duwamish Tribe of Indians, -and the Snoqualmie Tribal Organization 22 and the Court having fully considered the briefs and pleadings filed concerning this ma'tter and it appearing that the Snohomish Tribe of Indians, the Steilacoom Tribe of Indians, the Duwamish Tribe of Indians, and the Snoqualmie Tribal Organization should 28 be permitted intervention,

IT IS HEREBY ORDERED: 28 That the motions of the Snohomish Tribe of Indians, the

80 ORDER OF INTERVENTION Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 3 of 22

Steilacoom Tribe of Ind. ians, the Duwamish Tribe of Indians, and the Snoqualmie Tribal Organization to intervene as additional plaintiffs in this matter are granted. The granting of said motions to intervene are subject to the further express limitation that nothing in this order shall be deemed to constitute a revision or modification of any portion of the Final Decision No. 1 of this Court and of the related Orders, Judgments and Decrees heretofore entered in this matter and nothing in this order shall entitle the Snohomish Tribe of 10 Indians, the Steilacoom Tribe of Indians, the Duwamish Tribe of Indians or the Snoqualmie Tribal Organization to reopen any matter previously determined in said Final Decision No. 1, 13 Findings of Fact, Conclusions of Law, Orders, Judgments and Decrees. The Snohomish Tribe of Indians, the Steilacoom Tribe of Indians, the Duwamish Tribe of Indians and the Snoqualmie Tribal Organization shall be bound by all such determinations

except as the same may be subsequently modified or set aside on appeals previously filed in connection therewith. 19

20 DATED this ~ day of 1974.

24 Senior United States District Court Judge

26 Presented by;

29 Attorney for Snohomish Tribe of Indians, Steilacoom Tribe of 30 Indians, Duwamish Tribe of Indians, and Snoqualmie Tribal Organization.

ORDER OF INTERVENTION - 2 LAWRENCE D. KUHN LEGAL SERVICES CENTER RNRIRR NIIRy OFFI(R 3230 RAINIER AVE. SO, SEATTLE, WASHINGTON 98144 725-2600 Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 4 of 22

EXHIBIT B Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 5 of 22

J 2 ~ggf ' l CI

: IItCTCR

"' ' V CLERK

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 10 AT TACOMA

UNITED STATES OF AMERICA, ) ET AL. , ) ) CIVIL NO. 9213 Plaintiff, ) ) MASTER ' S REPORT RE TRIBAL STATUS 14 vs ) OF INTERVENOR SNOHOMI SH l SAM ISH t ) STEILACOOM, SNOQUALMIE, and 15 STATE OF WASHINGTON, ) DUWAMISH TRIBES ET AL. , ) 16 ) Defendant ) 17 18 The Order of Reference to the Master requires that

19 a determination be made as to whether the five intervenors

20 namely, Snohomish, Samish, Steilacoom, Snoqualmie and Duwamish 21 tribes are tribal entities entitling them to tribal treaty

22 rights by reason of treaty status and tribal organization

23 as defined in I"inal Decision No. 1.

24 A hearing was conducted on December 4th, 6th and 1St 25 1974 and on January 3rd and February 13, 1975 regarding the 26 claims of the intervenors and the testimony and evidence

27 was received for the purpose of allowing each intervenor to make a prima facie showing of being entitled to fishing

29 rights as contemplated by the Order to implement the interim 30 plan. 02- A transcript of th proceedin y an official court reported will be on file with the Clerk of the U. S. tlPI-Sandatane t "5-tttt 60M tttll Master's Report re Tribal Status Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 6 of 22

District Court. Counsel for the parties stipulated that such transcript may be filed subsequent to the filing of the Master's Report. To satisfactorily make a prima facie showing of entitlement to exercise treaty fishing rights, it is necessary that proof establishing the following be made: 1. That a treaty existed between the United States of America and an Indian Tribe reserving fishing rights to an Indian Tribe. 2. That the members of the intervenor tribe are descendants of an Indian Tribe who entered into the treaty with the United States of America. 10 3. That the intervenor tribe is a political successor in interest to treaty tribe for purpose of exercising rights granted under a treaty. Based upon the examination of the controlling law, 13 the briefs and oral argument of counsel, and the preponderance of the evidence found credible and inferences reasonably 15 drawn therefrom, the Master makes the following supplemental

16 FINDINGS OF FACT AND RECOMMENDED CONCLUSIONS OP LAW.

17 FINDINGS OP PACT 18

19 The Snohomish Tribe of Indians was recognized by 20 the United States as an Indian Nation and its chiefs, subchief and headmen signed the Treaty of Point Elliott with the United 22 States on January 22, 1855.

24 That said Treaty and its covenants were obligatory upon the contracting parties (Article 15) and required the Snohomish Tribe of Indians to remove itself and its members 27 to the temporary reservations therein created and eventually to permanent reservations (Article 4).

That said reservations were permanently created by 31 Executive Order in 1873 at Tulalip, in Snohomish County, Washington.

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IV That substantial numbers of the members of the Snohomish Tribe of Indians did remove themselves to the aforesaid reservation where they eventually became allotted by restrictive fee patent issued by the United States {Article 7).

That the Snohomish Tribe of Indians continued to exist upon said Tulalip Indian Reservation until 1936 where in an election called by the Secretary of the Interior 10 pursuant to the Indian Reorganization Act {25 USC 464 et seq) it was reorganized as a body corporate under the name of the Tulalip Tribes of Washington with a duly approved constitution and by-laws and since said time to the present date has so 14 existed pursuant thereto. 15 VI 16 That the intervenor Snohomish people are composed 17 primarily of descendants of Indians who in 1855 were known as 18 and constituted the aforesaid Snohomish Tribe. 19 VII 20 That such ones are descendants of Snohomish people 21 who either did not remove themselves to the Tulalip Indian 22 Reservation, or having so removed themselves, did, of their

23 own volition, leave the reservation and have not participated in Snohomish tribal affairs as constituted and conducted by

25 the Snohomish Tribe residing within the exterior boundaries of said reservation; that such ones were not allotted lands 27 on the reservation nor did they become members of the reorganized Snohomish Tribe, to wit: the Tulalip Tribes of Washington. 30 VIII That such ones lived outside the exterior boundaries of the Tulalip Indian Reservation, without tribal government

IVI.BSXldat41ld 8 25-59-SHE-4191 Master's Report re Tribal Statue Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 8 of 22

nor in any defineable indian community as citizens of the Stat of Washington and other states in various and sundry cities, towns and counties, without supervision by the Bureau of Indian Affairs nor subject to its rules and regulations, paying taxes on lands and property as a citizen of the State, County and municipality wherein they resided and in all respects both as to person and property subject to the laws and ordinances of said states and municipal corporations and enjoying the privileges and immunities of such citizenship. 10 IX That the Congress of the United States passed enabling legislation in 1925 (43 Stat. 886, Ch. 214) consent- 13 ing to suit against the United States in the Court of Claims by the Snohomish Tribe and for the purpose of raising money 15 for such suit the intervenor Snohomish organized as a non- 16 profit corporation under the laws of the State of Washington with dues collected and membership based on descendancy.

That the suit of the Snohomish was lost in the Court 20 of Claims and the aforesaid non —profit corporation was dis- 21 solved and ceased to exist, (79 Ct. of Cl. 530, ()F 275, 22 June 4, 1934) . 23 XI That upon creation of the Indian Claims Commission the Snohomish group again organized for the sole purpose of 26 pressing claims as an identifiable group of Indians pursuant 27 to that legislation (60 Stat. 1049) and did adopt bylaws 28 with dues paying members, hired attorneys, met annually, 29 corresponded with the Bureau of INdian Affairs and success- 80 fully maintained an action before the Indian Claims Commission 31 (3 Ind. Cl. 479) which resulted in a judgment. against the United States. In 1974 this group filed Articles of Incorpo-

VPt.Gandatoas 1-Sl-I!9-50llE-420I Nester's Report re Tribal Status Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 9 of 22

ration under the Washington Nonprofit Corporation Act

(RCW 24. 03). XII That the Congress of the United States subsequently enacted legislation (81 Stat. 30, 42; 85 Stat. 93) approp- riating monies to pay said judgment and directing such be paid to members of the Snohomish Tribe now living on a descendancy or blood basis and not on a tribal basis in accordance with a membership roll to be established by the 10 Bureau of Indian Affairs on a descendency basis and not a tribal basis which roll is still in the process of being compiled. 13 XIII 14 The Intervenor Samish Indian Tribe is composed 15 primarily of descendants of Indians who in 1855 were known as 16 Samish Indians and who were a party to the Treaty of Point. 17 Elliott signed on January 22, 1855. The Samish were assigned, 18 for the purpose of including them in the treaty, to Chow-its- hobt, a signatory to the treaty. The treaty commission con- 20 sidered Chow-its-hoot to have signed for the Samish. Samish territory included the eastern half of Lopez Island, Blakely, 22 Guemes, Cypress and other island between Lopez and the main- land and portions of Samish Bay, Padilla Bay and Fidalgo

24 Island. 25 XIV 26 The Intervenor Samish Tribe prosecuted a claim 27 against the United States before the Indian Claims Commission in Docket N261 which resulted in a monetary judgment award. 29 The use or distribution of these funds will be determined 30 pursuant to the Claims Judgment Act of Oct. 17, 1973, 87 Stat. 31 466.

Fpd. aoodataoo Master. s Report re oea-ao-oooo-oooo Tribal Status Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 10 of 22

XV The Intervenor Samish Indian Tribe exercises no attributes of sovereignty over its members or any territory. It is not recognized by the United States as an Indian governmental or political entity possessing any political powers of government over any individuals or territory. None of its organizational structure, governing documents, membership reguirements or membership roll has been approved or recognized by the Congress or the Department of the Interior for purposes of administration of Indian affairs. Said Intervenor has adopted a constitution and bylaws pursuant 12 to which it has a Tribal Council and a Tribal Chairman and purports to operate as an identifiable and distinct entity on behalf of its members. It claims approximately 450 members. 15 XVI 16 The members of the Intervenor Samish Indian Tribe 17 and their ancestors do not and have not. lived as a continuous 18 separate, distinct and cohesive Indian cultural or political 19 community. They have no common bond of residence or assoc- 20 iation other than such association as is attributable to the 21 fact of their voluntary affiliation with the Intervenor entity. 22 XVII 23 The Intervenor Stailacoom Tribe of Indians is com-

24 posed primarily of descendants of Indians who in 1854 were

25 known as Steilacoom Indians, who lived on the southern shore 26 of Puget Sound opposite Fox, McNeil, Anderson and Ketron 27 Islands in the general vicinity of what is now the town of Steilacoom, and who were a party to the Treaty of Medicine Creek signed on December 28, 1854. The Steilacoom Indians 30 were named as a party to the treaty in its Preamble. According 31 to an official report dated May 1856 by S. S. Ford, Jr. in 32 charge of the Fox Island Reservation, there were at that date

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120 Steilacoom Indians on the reservation XVIII The Intervenor Steilacoom Tribe of Indians prosecute a claim against the United States before the Indian Claims Commission in Docket 4208 which resulted in a monetary Judgment award that has been appealed by the tribe. After the appeal has been resolved the use or distribution of any finally awarded funds will be determined under the provisions of the Act of October 17, 1973, 87 Stat. 466. 10 XIX The Intervenor Steilacoom Tribe of Indians exercises 12 no attsibutes of sovereignty over its members or any territory. 13 It is not recognized by the United States as an Indian govern- 14 mental or political entity possessing any political powers 15 of government over any individuals or territory. None of 16 its organizational structure, governing documents, membership requirements or membership roll has been approved or recognized by the Congress or the Department of the Interior for purposes of administration of Indian affairs. Said Intervenor 20 tribe presently operates under a constitution and by laws 21 adopted by its members approximately a year ago to replace 22 earlier such documents. The present constitution provides 23 that it is to become effective when it shall have been adopted 24 by a vote of the adult members of the tribe at an election 25 called by the Secretary of the Interior and shall have been 26 approved by the Secretary of the Interior. There is no evidence that the Secretary has called any such election or 28 approved the constitution and bylaws. Pursuant to said constitution and bylaws the tribe has a Tribal Council and a 30 Tribal Chairman and purports to operate as an identifiable and distinct entity on behalf of its members. It claims approxi- 32 mately 360 members, approximately 73 of whom are adopted

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members. Nost of the latter derive some ancestry from Indians who were members of tribes or bands that. were parties to the Treaty of Nedicine Creek.

The members of the Intervenor Steilacoom Indian Tribe and their ancestors do not and have not lived as a continuous separate, distinct and cohesive Indian cultural or political community. They have no common bond of residence or association other than such association as is attributable

10 to the fact of their voluntary affiliation with the Intervenor entity. XXI 13 The Intervenor Snoqualmie Tribal Organization is composed primarily of descendants of the 1855 Snoqualmoo 15 and other bands of Indians who resided in the general vicinity of the Snoqualmie River. The Snoqualmoo were a party to the 17 Treaty of Point. Elliott in 1855. Their name appears in the 18 Preamble to the treaty. There are fourteen signatories in the treaty identified as Snoqualmoo including Petkanem, Chief

20 of the Snoqualmoo. the Snoqualmoo were believed to number 21 not in excess of 500 people in 1855. XXII

23 No separate reservation was established exclusively

24 for the Snoqualmoo. They were allowed to move to reservations

25 established for parties to the treaty in the general vicinity but many remained in the aboriginal area. XX1II

28 The Intervenor Snoqualmie Tribal Organization 29 prosecuted a claim against the United States before the Indian Claims Commission in Docket 893 which resulted. in a 31 monetary Judgment. award. By the Act of June 23, 1971, 85 Stat. 83 Congress directed the Secretary of the Interior to

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prepare a roll of all then living persons who were lineal descendants of members of the Snoqualmie Tribe as it was constituted in 1855, The Act Directed that the Snoqualmie Judgment be distributed per capita to the persons on such roll. Such a roll is now being prepared. XXIV The Intervenor Snoqualmie indian Tribe exercises no attributes of sovereignty over its members or any territory. It is not recognized by the United States as an Indian 10 governmental or political entity possessing any political powers of government over any individuals or territory. None of its organizational structure, governing documents, member- 13 ship requirements or membership roll has been approved or 14 recognized by the Congress or the Department of the Interior

,15 for purposes of administration of Indian affairs. Said 16 Intervenor has a constitution and bylaws which govern its operations. It has, pursuant to such constitution and bylaws, 18 a Tribal Council and a Tribal Chairman and purports to operate 19 as an identifiable and distinct entity on behalf of its 20 members. It claims approximately 350 members.

21 XXV 22 The Intervenor Duwamish Tribe of Indians is composed primarily of descendants of the 1855 Dwamish Indians who

24 resided in the general vicinity of the Duwamish River. The 25 1855 Dwamish Indians were a party to the Treaty of Point Elliot Their name appeared as the first name in the preamble to the treaty. There are four signatories to the treaty identified as Dwamish including Seattle, Chief of the Dwamish. The 29 Dwamish together with the Suquamish were believed to number 30 about 800 in 1855. 31

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XXVI The Intervenor Duwamish Tribe prosecuted a claim against the United States before the Indian Claims Commission in Docket N109 which resulted in a monetary Judgment award. The Act of October 14, 1966, 80 Stat. 910; 25 U. S.C. 851131- 1135, provided for the Secretary of the Interior to prepare a roll of then living descendants of the Duwamish Tribe as it existed in 1855, and to distribute the funds so awarded to the persons on such roll. A Judgment roll of 1166 persons 10 was prepared for this purpose. XXVII The Intervenor Duwamish Indian Tribe exercises no 13 attributes of sovereignty over its members or any territory. It is not recognized by the United States as an Indian Governmental or political entity possessing any political powers of government over any individuals or territory. None 17 of its organizational structure, governing documents, member- 18 ship requirements or membership roll has been approved or 19 recognized by the Congress or the Department of the Interior 20 for purposes of administration of Indian affairs. Said 21 Intervenor has a constitution and bylaws which govern its

22 operations. It has, pursuant to such constitution and by-

23 laws, a tribal Council and a Tribal Chairman which purports to operate as an identifiable and distinct entity on behalf of

25 its members. It uses as a membership roll the above-reference 26 Judgment roll prepared by the Bureau of Indian Affairs. However, it also has a roll of about 100 members. No criteria are specified for inclusion in the smaller roll. 29 XXVIII 30 The members of the Intervenor Duwamish Indian Tribe 31 and their ancestors do not and have not lived as a continuous 32 separate, distinct and cohesive Indian cultural or political

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' LC, CLERp '" O'JURT ' '"l' ' "' CL RIRCTON UTT CLERK

UNITED STATES DISTRI CT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

10 UNITED STATES OF AMERICA, et a I ) ) Plaintiff, ) CIVIL NO. 9213 ) 12 vs ) CERTIFICATE OF SERVICE 13 STATE OF WASHINGTON, et el. , ) 14 Defendants. ) 15 I certify that copies of Master's Report re Tribal Status of Intervenor Snohomish, Samish, Steilacoom, Snoqua lmie, and Duwamish Indian Tribes of Washington dated March 5, 1975 were mailed and served on attorneys of record of 17 each of the plaintiffs, defendants, intervenors and Amici Curiae by mailing, postage prepaid, on March 5, 1975, to the 13 addresses listed on the attached page.

ROBERT E. COOPER United States Magistrate Master

25 26

30 31

32 Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 16 of 22

community. They have no common bond of residence or association other than such association as is attributable to the fact of their voluntary affiliation with the Intervenor entity. From the foregoing FINDINGS OF FACT, the Master makes the following

RECOMMENDED CONCLUSIONS OF LAW

None of the Intervenor entiti. es, Snohomish, Samish„ 10 Steilacoom, Snoqualmie and Duwamish Tribes herein, is at this time a treaty tribe or a political successor to a treaty tribe and have failed to make a prima facie showing of such 13 political succession to a treaty tribe.

15 None of the Intervenor entities, Snohomish, Samish, 16 Steilacoom, Snoqualmie, and Duwamish Tribes herein, presently 17 holds for itself or its members fishing rights secured by 18 any of the Stevens treaties identified in Final Decision 19 No. 1 in this case. DATED this day of March, 1975. 21

ROBERT E. COOPER United States Magistrate 24 Master

25 26

30 31

FPI-aeeeetaee em-ee-eoM-eeet Master's Report re Tribal Status -11— Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 17 of 22

UNITED STATES v. WASHINGTON, No. 9213, U. S. District Court, W. D. Washington

Stan Pitkin United States John Sennhauser Attorney Allen H. Harry McCarthy Sanders Assistant Legal Services Center U. S. Att. orney 5308 P. 0. Box 1227 Ballard Avenue, N. W. Seattle, Vashington Seattle, Washington 98107 98111 Att. orncys Att. orneys foz United States for Mucklesboot, Squaxin (206) 442-7970 Island, Skokomish, Lower Elwha, Snoqualmie and Duwamish Tribes (206) George D. Dysart 789-2450 Assistant Regional Solicitor David Getches U. S. Departxoent of the Interior P. Box Native American Rights Fund 0. 3621 1506 Portland, Oregon 97208 Broadway Of Counsel Boulder, Colorado 80302 10 for the United States Attorney (503) 234-3361, Ext. 4211 for Muckleshoot, Squaxin Island, Skokomish, Stillaguamish, Sauk-Suiattle and Charles A. Hobbs (303) 447-8760 Nisqually Tribes Wilkinson, Czagun & Barker Alan C. 1735 New York Avenue, Stay N. W. STOVV Washington, D. C. 20006 33324 Pacific Attorney for Quinault Tribe Highway South (202) 833-9800 Federal Vay, Vashington 98002 14 Attorney for Sauk —Suiattle, garnish, Michael Taylor Snohomish, Steilacoom, Stillaguami. sh Quinault Tribal and Nooksack Tribes Office (206) 593-2894 16 P. O. Box 1118 Taholah, Vashington 98587 William H. 17 Attorney for Quinault Tribe Rodgers, Jr. 276-4445 Georgetown Univ. Law Center (206) 600 18 New Jersey Avenue, N. W. Alvin J. Ziontz Washington, D. C. 20006 Ziontz, Att. orney for Puyallup Tribe 19 Pirtle, Morisset & Ernstoff (202) 624-8328 3101 Seattle-First Natl. Bank Bldg. Seattle, Vashington 20 98154 Harwood Barnistez Attorney for Quileute, Makah, Bannister, 21 Lummi and Suquamish Tribes Bruhn & Cunningham (206) 623-1255 415 Pine Street 22 Mt. Vernon, Washington 98273 William Attorney for Swinomish Tribal Communit A. Stiles, Jr. (206) Attorney at Law 336-2191 P. O. Box 228 Lewis Bell Sedro-Woolley, Washington 98284 .Bell, Attorney for Upper Skagit Tribe Ingram, Johnson & Level (206) 855-0131 416 First National Bank Bldg. Everett, Vashington 98201 Lester Stritmatter Attorney for Tulalip Tribe 26 (206) 259-9271 Stritmatter & Stritmatter 27 407 8th Street Hoquiam, Sidney J. Strong Washington 98550 Halverson, 28 Atx. orney for Hoh Tribe Strong & Moan (206) 533-2710 1035 Dexter Horton Bldg. 29 Seattle, Washington 98104 James B. Hovis Atx. ozney for Port Gamble Band of Clallam Indians 30 Hovis, Cockrill & Roy P. O. Box 437 (206) 622-1905 31 Yakima, Washington 98901 Attozney for Yakima Tribe 32 (509) 453-3165

Revised December 9, 1974 Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 18 of 22

Malcolm S. McLeod Joseph T. Mij ich Attorney at Law Johnson, Mijich & Martin 457 Central Building 1610 IBM Building Seattle, Washington 98104 Seattle, Washington 98101 Attorney for Swinomish Indian Attorney for Purse Seine Vessel Tribe (Aboriginal) Owners Association (206) 682 —0970 (206) 624-2832

5 Harold M. Gross William N. Moloney '& Sonosky & Gross Davis, Wright, Todd, Riese Jones 2030 M Street, N. W. 4200 Seattle-First Natl. Bank Bldg. Washington, D. C. 20036 Seattle, Washington 98154 Att. orney for Certain Applicants Attorney for Washington State for Nisqually Enrollment Sportsmen's Council Inc. (202) 331—7780 . (206) 622-3150 Slade Gorton, Attorney General Robert W. Graham Fdward B. Mac'kie Bogle, Gates, Dobrin, Vakefield 10 Deputy Attorney General & Long Temple of Justice 14th Floor Norton Building Olympia, Vashington 98504 Seattle, Washington 98104 At. torney for State of Washington Attorney for Port of Seattle 12 (206) 753-6207 (206) 682-5151 Paul D. Solomon T. J. Jones, III James M. Johnson Special Counsel Assistant Attorneys General Jones & Jones Department of Game 1611 Vest Jefferson Street 15 600 N. Capitol Vay Boise, Idaho 83602 Olympia, Washington 98504 Attorney for Idaho Fish and Game Dept 16 Att. orneys for Department of Game (208) 344-7676 (206) 753-2498 17 Robert E. Cooper David E. Rhea U. S. Magistrate Amundson, Rhea & Atwood Federal Courthouse 805 Dupont Street, Suite 5 Tacoma, 'Washington 98402 Bellingham, Washington 98225 (206) 594-6307 Attorney for Reefnet Owners Assoc. (206) 733-3370 Dr. Richard Whitney 106 Fisheries Center Don S. Willner University of Washington Willner, Bennett, Meyers, Riggs & Seattle, Washington 98105 22 Skarstad (206) 543-6475 900 Corbett Building 23 Portland, Oregon 97204 Hon. George H. Boldt Attorney for Assoc. of Northwest Sr. U. S. District Judge 24 Steelheaders, Inc. P. 0. Box 1997 (503) 228-6611 Tacoma, Washington 98402 25 (206) 593-6526 Vincent R. Larson 26 Riddell, Williams, Voorhees, Ivie & Bullitt 4300 Seattle-First Natl. Bank Bldg. 28 Seattle, 'Vashington 98154 Attorney for Assoc. of Northwest 29 Steelheaders, Inc. (206) 624-3600 30

32 Revised December 9, 19 Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 19 of 22

EXHIBIT C Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 20 of 22

BI. t'IB ' '. ,'l; t' '„Ij, 9 LB/K

O' JOHN H SENNHAUSER A B P rUKMivn ALLEN H. SANDERS BY L!BFBi'f CLERK SEATTLE LEGAL SERVICES CENTER 5308 Ballard Avenue, N. W. Seattle, Washington 98107 Telephone: (206) 789-2450 Attorneys for Plaintiffs, Snogualmie Tribal Organization and Duwamish Tribe of Xndians

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

UNITED STATES OF AMERICA, et al. , ) CIVIL NO. 9213

10 Plaintiffs, ) ) vs ) MEMORANDUM OF SNOQUALMIE ) TRIBAL ORGANXZATXON D STATE OF WASHINGTON, et. al. , ) D AMISH TRIBE 0 INDIANS ) 18 Defendants. ) )

The Snogualmie Tribal Organization and the Duwamish Tribe of Indians (hereinafter plaintiffs) incorporates herein the Memorandum of Authorities submitted on behalf of the Nooksack, Samish and Steilacoom Tribes by their attorney Alan Stay. In addition it submits the following authorities. It. is the contention of the plaintiffs that upon a proper showing that they are the successors in interest to signatories to the Treaty of Pt. Elliott, that they then have 28 the right to fish pursuant to that Treaty That right to fish is one which derives from the Treaty alone and is in no way connected or dependant upon "federal recognition. " 26

MEMORANDUM OF SNOQUALNIE TRIBAL 28 ORGANIZATION AND DUWANISH TRXBE OF INDXANS 29

80 Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 21 of 22

A federal official stated at trial that "federal recognition" is purely an administrative decision not. based on any statute or regulation (TR. 1612-14). For the sake of argument, it is admitted that certain services from the BIA may be dependent upon such an administrative (BIA) decision as "federal recognition. " This process, however, should have no relation to the reserved right to fish derived aboriginally and simply secured by Treaty (Final DeCision Pp. 10-11). The Court in its Final Decision ruled consistently 10 with this contention. Neither the Stillaguamish Tribe, the Sauk-Suiattle Tribe or the Upper Skagit Tribe were "federally recognized. " However because each tribe proved that it was the successor in interest to signatories to the 14 respective treaties, the Court held:

Each of the Plaintiff tribes hold a right under one or more of the treaties cited in paragraph 1 of the Findings of Fact herein to fish at usual and accustomed places outside of reservation boundaries. (Conclusion of Law 16 P. 139)

Thus even though the three tribes named above were not "federally recognized, " the Court held that they had a right

24 to fish. Similarly, the plaintiffs herein should be accorded the same rights. To allow the purely administrative process

26 known as "federal recognition" to deny the Indians their

28 MEMORANDUM OF SNOQUALMIE TRIBAL LEGAL SERVICES CENTER ORGANIZATION AND DUWAMISH TIRBE 5308 Ballard Ave. , N. W. OF INDIANS Page 2 Seattle, Wash. 98107 789-2450 80 Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 22 of 22

1 Treaty right to fish would not only result in a gross injustice 2 but would prove that a Great Nation could not keep its word.

DATED this f day of December, 1974.

Respectfully,

John H. Sennhauser Allen 'Sanders Attorneys for Plaintiffs, Snoqualmie Tribal Organization and Duwamish Tribe of Indians

27 MEMORANDUM OF SNOQUALMIE TRIBAL LEGAL SERVICES CENTER ORGANIZATION AND DUWAMISH TRIBE 5308 Ballard Avenue, N. W. OF INDIANS Page 3 'Seattle, Washington 98107 789-2450