Operational Protocol

Between the

Western Washington Treaty Tribes

and the

Puget Sound Partnership

January 7, 2010

Whereas: The 1989 Centennial Accord between the federally recognized Indian Tribes in Washington State (Tribes) and the State of Washington commits the parties to a government-to-government approach to address issues of mutual concern. The Accord provides that “each agency… may establish more detailed implementation procedures in subsequent agreements between tribes and the particular agency.” The Accord therefore contemplates the spirit and intent of this protocol.

Whereas: The unique legal status of Tribes and presence of tribally reserved rights and cultural interests throughout the state creates a special relationship between Tribes and the state agencies responsible for managing and protecting the natural resources of the state. Tribes possess property and self government rights that predate the formation of the United States and the creation of the State of Washington and are guaranteed under treaties and federal law.

Whereas: Due to federal laws and inherent tribal sovereignty and a long history of federal court decisions the treaty tribes have recognized management authorities that extend well beyond reservation boundaries.

Whereas: The foundation of the tribal co-management, government-to-government practice has substantial precedence and is the outcome from implementation of treaties, the U.S. v. Washington court decisions, and numerous subsequent decisions. The 1989 Centennial Accord recognized these facts and provides a framework directive for the Partnership and the tribes to follow a cooperative management course.

Whereas: Tribes have consistently demonstrated their commitment and ability to be competent and professional natural resource managers. Tribal homelands are the rivers and shorelines of this state and so tribes have an inextricable link with its water resources. Effective coordination of state/tribal expertise will clearly help develop programs that will be far more appropriate and efficient than either could develop alone.

Whereas: The State and Tribes recognize that, while each government is ultimately responsible for making its own decisions and taking actions within its legal authority and fiscal constraints, through mutual efforts at communication and consultation we can, as individual governments, take steps that move us toward a common goal in a coordinated and cooperative manner.

Whereas: The Tribes and the Partnership have developed this protocol to facilitate communication and coordination.

Therefore: Signatory representatives of Indian Tribes and the Puget Sound Partnership hereby commit to work within a cooperative management process to establish priorities and implement programs within the jurisdiction of the agency.

The Tribes and the Partnership hereby establish the Partnership/Tribal Co-management Council (PTCC). The function of the PTCC shall be to serve as an additional communications channel between the individual Tribes and the Partnership on issues of mutual concern. The PTCC is intended to enhance government-to-government communication and is specifically not intended to supplant the individual government-to-government relationship between the State and tribal governments.

Participation in the PTCC is voluntary and open to the Partnership and authorized representatives of any treaty tribe within the Partnership Action Areas, or having usual and accustomed areas within the Action Areas. The PTCC shall be co-chaired by a Commissioner of the NWIFC and the /Executive Director of The Partnership.

The PTCC will:

  1. Create and maintain a reliable avenue for on-going state-tribal government-to-government priority setting, information exchange and communication on issues of mutual concern.
  2. Promote, not replace, timely state-tribal government-to-government communication and consultation at the necessary level between each individual tribal government and the Partnership to:
  1. Develop common watershed objectives and priorities for the protection and restoration of the Puget Sound ecosystem based on existing watershed objectives and priorities
  2. Identify strategies for advancing common local and regional objectives and priorities
  3. Coordinate their activities to most efficiently implement common objectives and priorities.
  1. Increase the opportunity for partnerships between The Partnership and Tribes and promote joint state-tribal direction and positions on issues of mutual concern.
  2. Develop issue specific protocols or strategies as needed for promoting cooperative decision making on issues of mutual concern.
  3. Ensure that policy decisions receive the benefit of tribal technical expertise and policy analysis encompassing tribal natural resource management perspectives.
  4. Provide an efficient means of developing agreed to legislative strategies and to provide informed feedback on legislative proposals.
  5. Increase opportunities to resolve differences among the governments in policies or approaches to issues of mutual concern to the greatest extent possible.
  6. Provide a means for evaluating the success of this process and making improvements over time.
  7. Provide an opportunity for other State agencies to join and participate to increase coordination and cooperation at the highest levels in a holistic way.

The PTCC shall meet no less than quarterly. Meeting agendas will be approved by the co-chairs who shall alternate hosting the meeting. Standard agenda items may include reports on up-coming rules and rule status, legislative issues, species and habitat protection and restoration issues, and Partnership proposals for government-to-government consultation on emerging issues. With the approval of the co-chairs, the PTCC may establish its own meeting procedures and may develop additional protocols.

Signatures by participating tribes and The Partnership:

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1

Ecology/Tribal Environmental Council Protocol

11/10/2005