DOCUMENT: QINJCMOU.TXT MEMORANDUM OF UNDERSTANDING BETWEEN JEFFERSON COUNTY AND THE QUINAULT INDIAN NATION WHEREAS, Jefferson County and the Quinault Indian Nation desire to develop and maintain a cooperative approach to the regulation of development for lands located within the Quinault Indian Reservation; and, WHEREAS, on June 29, 1989, the United States Supreme Court announced a decision in Brendale vs Confederated Tribes and Bands of the Yakima Indian Nation in which the Court held that in certain circumstances the Yakima Indian Nation possess the authority to regulate the use of non- Indian owned fee land located within its reservation and under certain circumstances the Yakima Nation has lost such authority; and, WHEREAS, the Court's decision affirms exclusive tribal control over Indian owned and trust lands located within Indian reservations; and WHEREAS, lands located within the Quinault Indian reservation are not specifically addressed or included in the Jefferson County Comprehensive Plan adopted in 1979; and, WHEREAS, in order to provide comprehensive regulation of development of land located within the Quinault Indian Reservation, there is a need for a consistency and certainty in the application of development controls regardless of ownership; and WHEREAS, Jefferson county and the Quinault Indian Nation find that the Brendale decision has created a need for immediate action while the County and Tribe review land use policy and regulatory authority over fee land within the Quinault Indian Reservation; NOW, THEREFORE BE IT RESOLVED, the Quinault Indian Nation and Jefferson County mutually agree as follows: 1. The County and Tribe agree to establish a joint working group to: a. Conduct further review of the Supreme Court's decision in light of the circumstances existing within the Quinault Indian Reservation; b. Prepare recommendations for a cooperative long term agreement governing regulatory authority [over (insert)] the use of non-Indian owned fee land located within the Quinault Indian Reservation for consideration by the Board of County Commissioners and the Quinault Business Committee; c. Review existing County and Tribal development guidelines and regulations to identify areas of potential conflict and prepare recommendations for resolution of such areas of conflict; d. Review existing County and Tribal development guidelines and regulations to identify areas for improvement and prepare recommendations for improvement. 2. The County and Tribe agree to invite Grays Harbor County to participate in this Memorandum Of Understanding and the Joint Working Group. 3. Jefferson County agrees, pending the report of the Joint Working Group, that they will refer applicants for building, subdivision, and other development approval to the Quinault Indian Nation for action. [prior to exercising jurisdiction over development applications. (strike-out)] BE IT FINALLY RESOLVED, that this memorandum of understanding shall expire one hundred and eighty (180) days from the date of signing or upon completion of the joint planning effort, outlined in #1 above, whichever comes first. JEFFERSON COUNTY BOARD OF COMMISSIONERS [signed] George C. Brown, Chairman [signed] Larry W. Dennison, Member [signed] B.G. Brown, Member Signed this 12th Day of September, 1989 [signed] Joseph B. DeLaCruz, President Quinault Indian Nation Signed this 4th Day of December, 1989 APPROVED AS TO FORM: [signed] John Raymond, Prosecuting Attorney Q U I N A U L T I N D I A N N A T I O N RESOLUTION NO. 89-33-67 MEMORANDUM OF UNDERSTANDING BETWEEN THE QUINAULT INDIAN NATION AND JEFFERSON COUNTY WHEREAS, the Quinault Business Committee is the duly constituted governing body of the Quinault Indian Nation, the governing tribe of the Quinault Indian Reservation; and WHEREAS, on June 29, 1989, the United States Supreme Court announced a decision in Brendale v. Confederated Tribes and Bands of the Yakima Indian Nation in which the Court held that in certain circumstances the Yakima Indian Nation possesses authority to regulate the use of non-Indian owned fee land located within its reservation and under certain circumstances the Yakima Nation has lost such authority; and WHEREAS, there is a need for review of County and Tribal land use policy and regulatory authority over fee land within the Quinault Indian Reservation; now THEREFORE, BE IT RESOLVED, that the Quinault Indian Nation approves the accompanying Memorandum of Understanding Between Jefferson County and the Quinault Indian Nation with the revisions indicated in paragraphs 1(b) and 3. [signed] Joe DeLaCruz, President Quinault Indian Nation CERTIFICATION AS SECRETARY OF THE QUINAULT BUSINESS COMMITTEE, I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION WAS ADOPTED BY SPECIAL VOTE OF THE QUINAULT BUSINESS COMMITTEE ON DECEMBER 4, 1989, BY A VOTE OF 6 FOR, 0 AGAINST, AND 0 ABSTAINING. 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