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Box 2574 :: :: Olympia, Wa Fido Net 1:352/333 :: :: 98507-2574 206-786-9629 :: :: USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1 9 7 7 C O N F E R E N C E O F T R I B A L G O V E R N M E N T S Doubletree Inn, Tukwila February 12-15, 1977 POLICY RESOLUTION JURISDICTION PREAMBLE: The area now known as the State of Washington was part of a territory occupied by Indian Tribes from time immemorial. Indian tribes exercising an inherent right of self-government had exclusive jurisdiction and authority over all matters prior to the non-Indian arrival. Since that time, other governmental bodies have exerted their powers and authorities within this area causing certain jurisdictional conflicts. One such governmental body, the State of Washington, whose powers were derived from the Federal Government by means of an Enabling Act and a State Constitution, has been a major source of competition with the Tribes, whose inherent jurisdictional rights were initially recognized by the United States government through treaties, agreements, Executive Orders - all affirmed by Congressional acts under specific authority of the U.S. Constitution. More recently the validity of these acts have been reaffirmed by Federal court decisions. WHEREAS, the Federal Congress in 1953 enacted P.L. 83-280 which provided the option to the States to assume jurisdiction over certain areas of Indian activity; and WHEREAS, the State of Washington, as a condition of becoming a State, adopted a Constitutional provision (Art. 26, Sec. 2) that forever disclaims jurisdiction over Indian lands; and WHEREAS, although the Constitutional limitation remains in effect, the State legislature adopted laws assuming certain areas of jurisdiction. One such law, S.B. 56 covering eight points of law, provided for State assumption of jurisdiction without the consent of the Indian Tribes. The lack of clarity in these laws has continued to cause question and doubt among both Tribal and State officials; and WHEREAS, extremely sensitive matters of child welfare are often involved in the exercise of jurisdiction by the State and large numbers of Indian children have been removed from their homes and their tribes even though a serious question exists as to the State's authority to cause such severance; and WHEREAS, the Tribes of this area have unanimously called for the repeal of P.L. 83-280 for many years and supported S.2010 which was introduced in the 94th Congress; and WHEREAS, the State of Washington, through a representative of the Governor, testified favorably on S.2010 by advocating the retrocession of powers assumed under P.L. 83-280, placed the official policy of the State of Washington in harmony with the Indian tribes; and WHEREAS, in certain instances there are conflicting claims as to jurisdictional boundaries and the exercise of extraterritorial jurisdiction by the Tribes, such as enforcement of off-reservation hunting and fishing in usual and accustomed places will require special attention; and WHEREAS, there are certain instances where particular tribe's territorial limits extend beyond and to the exclusion of the territory over which the State of Washington claims jurisdiction, an example being jurisdiction of the ocean waters to the Continental Shelf and beyond; and WHEREAS, neither P.L. 83-280 nor Washington State's assumption of jurisdiction took any of the legitimate inherent authorities tribes possess; thus, any of the authorities exercised by the State are merely concurrent with tribal jurisdiction and not exclusive; and WHEREAS, the Tribes have long sought to establish an open dialogue on the areas of overlap or conflict of jurisdiction as one government to another; and WHEREAS, without such dialogue on many of these conflicts, adversary proceedings have been initiated before Federal courts. Such court proceedings are time-consuming and costly to both the State and the Tribes. NOW THEREFORE BE IT RESOLVED, that the 1977 Conference of Tribal Governments pledge a responsible exercise of the jurisdiction they now exercise and urge the Governor of the State of Washington to continue the official policy of favoring and supporting federal legislation retroceding jurisdiction assumed under P.L. 83-280; and BE IT FURTHER RESOLVED, that the Governor exert leadership to assure responsible exercise of legitimate jurisdiction by State agencies and subdivisions of the State after consultation with the tribes involved. Where uncertainty or overlap exists, the Governor use the authority of her office to assure an opportunity for proper negotiation between governments to explore ways that agreements of co- management or cooperative exercise of jurisdiction might be possible; and BE IT FURTHER RESOLVED, that the 1977 Conference of Tribal Governments meet with Governor Dixy Lee Ray both at its first meeting and on an on-going basis with mutual good will and respect, and as one government to another, to advise and be advised, to teach and to learn, and to resolve the complex problems of jurisdictional authority and governmental powers; and BE IT FURTHER RESOLVED, that where no easy resolution of such areas of conflict can be reached, that the heads of Tribal Governments and the head of the State Government maintain open and free lines of communication to enable them to work for the future resolution of such conflicts; and BE IT FURTHER RESOLVED, that the 1977 Conference of Tribal Governments go on record in support of the recommendations contained in the report of the Task Force on Jurisdiction of the American Indian Policy Review Commission. Introduced by: Lucy Covington, Chairperson Committee on Jurisdiction Adopted: February 15, 1977 Conference of Tribal Governments -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com FTP ftp.halcyon.com /pub/FWDP/CWIS Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 BBS: 206-786-9629 OCR Provided by Caere Corporation's PageKeeper