Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Tribal Land Trust topic
No spam. Unsubscribe anytime.
Charter review commission asks counsel to research tribal land-into-trust authority
Summary
On Aug. 25 the Clallam County Charter Review Commission voted to ask commission counsel to research how tribes' statutory processes to place land into trust relate to constitutional claims, after public comment and committee discussion raised tax, jurisdiction and equal‑protection concerns.
PORT ANGELES, Wash. — The Clallam County Charter Review Commission on Aug. 25 voted to request legal research into the interplay between tribal statutory authority to place land into trust and related constitutional questions, including potential Fourteenth Amendment issues.
Commissioner Ron Richards, who chairs the land-acquisition subcommittee, framed the question to counsel as "what is the relationship between the statutory authority of tribes to acquire trust land, and their constitutional authority?" Commissioners then voted to forward that question to commission counsel for research.
The request followed lengthy public comment from residents about the local impacts when newly acquired trust lands are removed from state and local tax rolls. John Worthington and Ed Bowen told the commission that land placed in trust can reduce local tax revenue and limit county land-use authority, and they urged the commission to seek legal clarity. Eric Fairman and other commenters said the commission should move more quickly to produce a clear response for county officials and the public.
Commissioners discussed process: several members preferred a narrowly framed legal question to avoid repeated follow-ups to counsel. Commissioner Richards and others said a first, focused question would allow counsel to determine whether further, more detailed research was needed. Commissioner Benedict reported that Bureau of Indian Affairs (BIA) denials of trust applications do occur, citing a general search; commissioners suggested counsel could confirm the administrative record and relevant case law.
Commission counsel (referred to in the meeting as "Dee") said he could review the issue if the commission formally forwarded the request. After discussion, commissioners voted to have counsel research the statutory and constitutional relationship governing tribal applications to put land into trust, including whether statutory processes under laws such as the Indian Reorganization Act of 1934 are distinct from, or derive from, constitutional or treaty rights.
No ordinance, charter language or ballot measure was adopted at the meeting. The research request is intended to inform the land-acquisition committee's possible recommendations to the charter review commission and, ultimately, to the county commissioners or voters.
Members of the public who spoke urged that any legal work include an assessment of fiscal effects, in‑lieu payments and jurisdictional impacts on county planning and taxation.
Commission staff said counsel's written response and any further committee discussion would return to the full commission at a later meeting.
