Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 1 of 22 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. 23 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 f$ 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 show- ing 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. Master's Report re Tribal Status Case 3:19-cv-06227-RBL Document 27-1 Filed 01/31/20 Page 7 of 22 IV That substantial numbers of the members of the Snohomish Tribe of Indians did remove themselves to the afore- said 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 re- organized 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, pay- ing 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.