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Skagit County Board of Commissioners

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Skagit County Board of Commissioners SKAGIT COUNTY BOARD OF COMMISSIONERS LISA JANICKI, Chair, Third District RON WESEN, First District KENNETH A. DAHLSTEDT, Second District To: Fidalgo Island Property Owners Re: Notice of Proposed Expansion of Swinomish Reservation Date: December 1, 2016 We are writing because your property appears to be within an area of land over which the Swinomish Indian Tribal Community (“Swinomish”) is asserting tribal jurisdiction. Swinomish recently filed papers with the U.S. Department of Interior, Bureau of Indian Affairs (“BIA”), seeking approval of a Swinomish constitutional amendment to be voted on by Swinomish tribal members, which, if approved, may annex your property into the reservation. We have included the Swinomish map of their proposed expanded reservation with this letter. Swinomish is asserting jurisdiction over the area north and west of the bold red line on the map—an area that is not within the current reservation. The map uses the abbreviation “SIN” for the Samish Indian Nation. The Skagit County Board of Commissioners has objected to the Swinomish reservation expansion plan by the enclosed letter dated November 28, 2016. While we oppose the Swinomish reservation expansion plan, Skagit County must represent the interests of Skagit County as a whole, which may not at all times be consistent with your individual interests and rights. We provide you this letter so you have timely notice and can seek legal counsel regarding your rights. The federal Bureau of Indian Affairs is the appropriate contact for more information. Stanley M. Speaks, Regional Director United States Department of the Interior Bureau of Indian Affairs, Northwest Region 911 N.E. 11th Avenue Portland, OR 97232-4169 office 503-231-6702 fax 503-231-6791 [email protected] Sincerely, BOARD OF SKAGIT COUNTY COMMISSIONERS _________________________ _________________________ _________________________ Lisa Janicki, Chair Ron Wesen Kenneth A. Dahlstedt Commissioner Commissioner Commissioner SKAGIT COUNTY COMMISSIONERS ADMINISTRATIVE BUILDING 1800 CONTINENTAL PLACE, SUITE 100, MOUNT VERNON, WA 98273 PHONE (360) 416-1300 FAX (360) 336-9307 e Legend 19 d 19 u a n o e Proposed SIN Casino R v A e N u O Q Proposed SIN Gas Station n S e e I u v Original Swinomish Reservation UplandD Boundary n A E e M e R v - 21 A c A 1873 Executive Order Line a R l W T 3 C P E H Sections I V ' V S 34TH Street d Y a 35 P Roads TH Street A o O B R I N Vancouver, BC 38TH Street T e e e 30 T u u u n N n n 30 I R e e e O 28 v v 29 v o P a A A A d R S Q S ' F H I D C A R March Point L HADDON Road G A O M Victoria, BC 27 et B tre Swinomish Indian S A C Y Tribal Community R 32 et o e Str a F 31 HILINE Lane d NORTH TEXAS Road 31 Swinomish Golf 33 Links Seattle Proposed SIN Gas Station 34 Road POINT Swinomish Northern Lights CH'S ST MAR ATE R OUTH TE 20 Gas Station 6 6 OU 4 S ROU 3 TE TE STA 5 20 P A 1 D I L 2 L A d HEIGHTS Road a o S R TAT E RO d UT 0 E E 2 Proposed a 2 E 0 2 E o T L U SIN Casino R D RO R EER ne E E T N La T S d T TA A 9 O T I E T a A S RO o T U S TE A 8 R 7 e 11 12 20 V 10 n R a 7 L E S Swinomish Casino & Lodge S R E E E R L T L B A B I R T PALM Lane B THISTLE Lane I G d a o R 0 R E 2 S E d E R a H T V o y S A U R T a O I O O Z O W 13 H - R N 15 14 N 18 17 E 18 O A U E E R X R L o T N a I U A E S d e J T v i L S r a D n 16 e S w i n o m i s h L IVY Street E N N A 19 20 H I n d i a n C FLAGSTAFF Lane DOWNEY Road 21 22 R e s e r v a t i o n 24 19 S N 23 E d E a - O o O R S H 7 29 N A R I R E D o S a N I E d R V A T I O 28 27 N 26 25 R 30 30 o a d d a o S N R E Y E E d - N O a T O o I S H R H W 33 R R o N E 32 a A N d I N D O N I C A STATE Street L t d 34 e 36 a e 31 35 tr 31 o S e R u d a D n Y e o IR v E L R P H A e L v T I E N i A e r O L v O i H V Dr N Y D T P A E S H U A E B R IS E M O G R E R M e S µ D O 6 n V E IN a L O T W L Parkwa y A L D S D d 1 E a N H o 3 A S L R e S d v I a i o INDIAN SH r R N O D E 2 SH O N 3 N I O E 4 L J 6 . G 5 R C D M Swinomish Indian Tribal Community Land Management Department This map is not intended to reflect the exterior boundaries of the Swinomish Indian Reservation and the Swinomish Indian Tribal Community makes no claim as to the completeness, accuracy or content of any data contained herein. No part of this document may be reproduced without the prior permission of the Swin8omish Indian Tribal Community. 7 10/23/14 jt ChairmanSINMapOriginalBndry.mxd 12 7 10 SKAGIT COUNTY BOARD OF COMMISSIONERS LISA JANICKI, Chair, Third District RON WESEN, First District KENNETH A. DAHLSTEDT, Second District November 28, 2016 Stanley M. Speaks, Regional Director Attn: Greg Norton, Tribal Government Specialist United States Department of the Interior Bureau of Indian Affairs, Northwest Region 911 N.E. 11th Avenue Portland, OR 97232-4169 Mary Anne Kenworthy, Attorney Christina Parker, Attorney United States Department of the Interior Office of the Regional Solicitor Pacific Northwest Region 805 SW Broadway, Suite 600 Portland, OR 97205 RE: Objection of Skagit County to Proposed Changes to Swinomish Indian Tribal Community (SITC) Constitution Director Speaks, We write to object to proposed changes to the Swinomish Indian Tribal Community’s (“SITC”) constitution currently under consideration by your office, for the reasons discussed herein. The SITC reservation is located entirely within the jurisdictional boundaries of Skagit County. In addition to SITC, the Upper Skagit Indian Tribe, Samish Indian Nation and Sauk- Suiattle Indian Tribe are located entirely within Skagit County. SITC is the second largest of the four tribes within Skagit County’s borders, consisting of approximately 700 members. Skagit County has a population of approximately 118,000, inclusive of tribal members. Skagit County supports tribal sovereignty and self-governance, and acknowledges the injustices of European colonization. However, SITC’s unprecedented jurisdictional demands are simply unacceptable and unworkable in a community that hopes to continue functioning as a democratic society, which requires a basic commitment to shared values and laws. SKAGIT COUNTY COMMISSIONERS ADMINISTRATIVE BUILDING 1800 CONTINENTAL PLACE, SUITE 100, MOUNT VERNON, WA 98273 PHONE (360) 416-1300 FAX (360)336-9307 The proposed changes to the SITC constitution, in addition to being unlawful, if approved, would expand SITC’s jurisdiction over a large area presently outside its reservation; would have a profoundly negative impact on Skagit County and our community; would infringe on Samish Indian Nation sovereignty; and would violate the Constitutional rights of our citizens. For these reasons, we urge you to reject SITC’s proposed amendments. 1. SITC’s Proposed Expansion Of Reservation Jurisdiction Must Be Denied. As the maps and documents filed with your office reflect, SITC seeks to extend its reservation jurisdiction to off-reservation lands and citizens, including much of Central Fidalgo Island; March’s Point; anywhere within SITC’s “usual and accustomed fishing grounds and stations” (including lands used to access usual and accustomed areas); and any “open and unclaimed lands” that SITC claims for hunting and gathering.1 While the meaning of “open and unclaimed lands” has not been fully defined by the courts, treaty tribes in our region have taken the position that any public land not incompatible with hunting and gathering is “open and unclaimed” for the purposes of tribal treaty rights.2 While the definition of “open and claimed lands” would not be established by SITC’s proposed amendments in any event, the issue here is not about treaty rights at all, but rather that SITC is attempting to claim direct tribal jurisdiction over these lands – which are presently owned and regulated by public entities for the common good. Furthermore, SITC’s “usual and accustomed” treaty fishing grounds and stations (and any lands that can arguably be used to access those areas) would appear to encompass thousands of acres of privately-owned land as well as public waters.3 Here again, denial or approval of SITC’s proposed constitutional amendments will not impact the scope of SITC’s treaty rights, but would extend jurisdiction attendant to reservation status over those lands.
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