DOCUMENT: SWIN-SKG.TXT M E M O R A N D U M O F U N D E R S T A N D I N G For Establishing Procedures for the Administration of a Cooperative Land Use Planning Program Between THE SWINOMISH INDIAN TRIBAL COMMUNITY and SKAGIT COUNTY This Memorandum of Understanding (MOU) is made by and between the Swinomish Indian Tribal Community, a federally recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of 1934, hereinafter the "Tribe", and Skagit County, a political subdivision of the State of Washington, hereinafter the "County", both hereinafter collectively referred to as "governments". This Memorandum of Understanding represents good faith commitments which are being made by each of the parties in a spirit of cooperation and are not intended as obligations that may be compelled by either party if both parties are not in full agreement. Rather, this MOU represents the belief that these commitments will be of mutual benefit to the parties. WHEREAS, the Tribe and the County recognize that a common interest exists between the two government with respect to land use regulation on the Swinomish Indian Reservation in that the Tribe Claims regulatory authority over all lands within the Reservation and the County claims regulatory authority over non-trust property within the Reservation; and WHEREAS, the interest of the Tribe extends to all lands within the exterior boundaries of the Swinomish Indian Reservation and to land use activities in areas beyond the exterior boundaries of the Swinomish Indian Reservation that may affect or have impacts on Reservation lands; and WHEREAS, the interests of the County extends to non- trust lands within the exterior boundaries of the Swinomish Indian Reservation; and WHEREAS, the Tribe and the County have, with assistance from the Northwest Renewable Resources Center, cooperatively developed and independently adopted a Joint Comprehensive Land Use Plan for the Swinomish Indian Reservation pursuant to a Memorandum of Understanding passed by the Skagit County Board of Commissioners and the Swinomish Indian Senate in March, 1987; and WHEREAS, the Tribe and the County agree that it is in both their interests to cooperatively administer the plan and associated regulations and continue to build on the cordial government-to-government relationship established through the collaborative planning process; and WHEREAS, the Tribe and County agree that in order to address conflicts that may arise in the long-term implementation of this plan, the Tribe and the County should adopt an administrative procedure that involves joint review and consultation regarding proposals for land use actions so that mutually agreeable decisions which acknowledge the broad interests of the community, both Indian and non-Indian, may be reached, and jurisdictional disputes avoided; and WHEREAS, the Tribe and the County affirm that cooperative problem solving and consensus decision- making will be the preferred means of reaching consensus decisions relating to land use planning and regulatory activities on the Swinomish Indian Reservation; and NOW THEREFORE, the Tribe and the County agree to proceed as follows: I. AREAS OF INTEREST Those lands subject to Swinomish Comprehensive Plan Map attached hereto will be the areas covered by this agreement. II. SWINOMISH PLANNING ADVISORY BOARD A Swinomish Planning Advisory Board, (hereinafter referred to as the "Advisory Board"), is a citizen board established to settle disagreements regarding land use actions by means of cooperative problem-solving and consensus-based negotiations. The Board will also make recommendations to each government's Planning Commission regarding land use activities on the Swinomish Reservation. The Advisory Board will be comprised of five members, with two appointments made by the Tribe, two appointments made by the County, and one made jointly. The Advisory Board will facilitate the resolution of disputes stemming from any jurisdictional conflicts regarding the implementation of the plan and related regulatory codes. The Advisory Board will also monitor the progress of the cooperative planning processes and make recommendations to the County Planning Commission and the Swinomish Planning Commission to improve the future effectiveness of these processes. III. COMPREHENSIVE PLANS AND ZONING ORDINANCES Both governments have jointly prepared a Comprehensive Land Use Plan and are jointly preparing implementing ordinances including, but not limited to, zoning and subdivision ordinances. It is the intent of the parties that these land use policy documents remain compatible, and that any future modification to these documents take place through the joint review process established in this Memorandum of Understanding. Notwithstanding the fact that land use policy and regulatory documents are compatible, they remain separate and distinct codes of each government. IV. ADMINISTRATIVE RESPONSIBILITIES FOR JOINT PERMIT REVIEW In order to avoid the economic burden on each government of independently administering separate permit review processes, both governments agree that the following administrative services will be provided by the planning departments of each government (lead agency) in the interest of achieving a joint implementation of the plan and related codes: The County will be responsible for processing permit and other land use applications on non-trust lands other than Indian owned fee simple lands. The Tribe will be responsible for processing permit and other land use applications on trust lands and Indian owned fee lands. V. JOINT PERMIT REVIEW PROCESS DISCRETIONARY PERMITS: Permit applications requiring discretionary review (i.e. requiring a public hearing and/or notice to adjacent landowners) will be forwarded by the lead agency to the planning department of the other government within 5 working days from the filing of a complete application. In the event that the lead agency does not receive written comments back within the 15 working days from the date the application is sent, the application will be presumed acceptable to the other government and the lead agency will process the application pursuant to prescribed procedures. In the event comments are submitted, technical staff review pursuant to Section VI shall take place. The lead agency will give full consideration to the other government's concerns and make every attempt to address them. If the concerns cannot be resolved at the technical staff level, Advisory Board review pursuant to Section VII shall take place. VI. CONSULTATION PROCESS In the event that either government provides written comments, concerns and/or recommendations, they will be conveyed within the time prescribed in Section V, thereby triggering a staff-level consultation meeting. The consultation process will provide the opportunity for both governments to come together and discuss the various issues related to the specific application under review. The intent is to procedurally provide a mechanism through which to voice concerns, identify problems, and explore solutions in a professional review manner, during the early stages of the permit process. VII. RESOLUTION OF DISPUTES Should agreement not be reached at the staff-level through the consultation process, each government will prepare a staff report for submittal to the Advisory Board which will seek to bring about a mutually acceptable resolution. The Advisory Board will assist the governments in their search for agreement and will use conciliation, mediation, fact-finding, or any other method deemed appropriate, to reach a resolution. In the event the Advisory Board is unsuccessful in bringing about an agreement, it will forward its recommendations to the County Planning Commission/Hearing Examiner, and the Tribal Planning Commission. Each planning commission will follow their own prescribed procedures for decision-making and will forward their recommendations to their respective governing bodies. Should the recommendations be in conflict, the Tribal Senate and the Board of County Commissioners may decide to confer on the issues and may call a special meeting for that purpose. In the event that consensus is not reached, each government will issue its decision and be free to pursue its interests independent of the other government. VIII. ANNUAL REVIEW The Advisory Board will report to both governments after one year, biannually thereafter, regarding its activities. A joint review of the cooperative planning process will be conducted after two years. Based on the results of the review, as well as recommendations from the Advisory Board, the process will be refined as needed. IX. AMENDMENTS The provisions of the Memorandum of Understanding may be amended by parallel resolutions of the respective governing bodies. X. JURISDICTION Nothing in this Agreement shall limit or waive the regulatory authority or jurisdiction of either party. Likewise, nothing in this agreement nor any decision made by the Tribe or the County, whether or not the decision is consistent with this Memorandum of Understanding, shall give any third party any cause of action or claim. This Agreement is not intended to provide any remedy not already provided by law. IN WITNESS WHEREOF, This Memorandum of Understanding serves to document the voluntary cooperation and good faith efforts between the Swinomish Indian Tribal Community and Skagit County regarding the administration of a coordinated land use planning process by and between the parties. In full recognition of this understanding, the parties hereto have executed this Memorandum of Understanding on they day and year of the last date of signature below: PASSED BY THE BOARD OF SKAGIT COUNTY COMMISSIONERS this______day of______, 19__ Skagit County Board of Commissioners, Skagit County, Washington _____________________ Dave Rohrer, Chairman __________________________ William Vaux, Commissioner ________________________ Ruth Wylie, Commissioner Attest: __________________________________________ Clerk of the Board of County Commissioners Approved as to Content:____________________________________ Scott Kirkpatrick, Planning Director Approved as to Form: ___________________________________________ John Moffat, Chief Civil Deputy Prosecuting Attorney *********************************** PASSED BY THE SWINOMISH INDIAN SENATE this______day of______, 19__ Swinomish Indian Senate, The Swinomish Indian Tribal Community _________________________ Robert Joe, Sr., Chairman _____________________________ Chester Cayou, Sr., Secretary Approved as to Content:________________________________________ Nicholas C. Zaferatos, Planning Director Approved as to Form: ________________________________________ Allen E. Olson, Tribal Attorney -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: -= THE FOURTH WORLD DOCUMENTATION PROJECT =- :: :: A service provided by :: :: The Center For World Indigenous Studies :: :: www.cwis.org :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Originating at the Center for World Indigenous Studies, Olympia, Washington USA www.cwis.org © 1999 Center for World Indigenous Studies (All Rights Reserved. References up to 500 words must be referenced to the Center for World Indigenous Studies and/or the Author Copyright Policy Material appearing in the Fourth World Documentation Project Archive is accepted on the basis that the material is the original, unoccupied work of the author or authors. 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