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Franklin County OKs up to $3,000 to join regional legal review of proposed cultural-practices easement

2171078 · January 30, 2025
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Summary

County commissioners agreed to contribute up to $3,000 to join a regional effort to hire outside counsel to review a draft cultural-practices easement tied to potential reconveyance of shoreline lands from the U.S. Army Corps of Engineers.

Franklin County commissioners voted to contribute up to $3,000 to a regional legal review of a proposed cultural-practices easement connected to shoreline reconveyance from the U.S. Army Corps of Engineers.

The request came from county staff, who said multiple local jurisdictions are coordinating to hire a single attorney to review a draft easement that would recognize tribal cultural practices if shorelines are reconveyed from federal to local control. "There's a lot of shoreline in Benton and Franklin counties that's currently managed by the Army Corps of Engineers," county staff said, adding that the draft document is "unlike any easement I've ever seen" and likely requires specialist review.

The staff presentation said other jurisdictions had agreed to pay a larger share — the presenter stated an amount of $27,100 per jurisdiction — but the motion before the board was for Franklin County to pay a proportionate share capped at $3,000. The motion to allocate up to $3,000 was moved and seconded and passed on a voice vote.

County staff described the requested action as an allocation to TRIDEC (the regional economic development group named in the discussion) to allow that organization to retain counsel; staff said TRIDEC would contract directly with the attorney and would coordinate the review. The presenter said the review would examine how the easement would allow local tribes to exercise historic cultural practices while attempting to accommodate other shoreline uses in a compatible way.

Commissioners framed the requested expenditure as a low-cost way for Franklin County to get legal analysis before any shorelines are reconveyed. One commissioner said the payment would allow the county to have "one voice" across jurisdictions by participating in a shared review rather than each jurisdiction hiring separate counsel.

The board did not adopt or approve the draft easement itself; the vote authorized only the county's payment to join the multi-jurisdictional legal review. The presenter said the detailed agreement and any contract with counsel would be coordinated through TRIDEC and returned for further action, if needed.

The discussion and vote occurred during the meeting's regular business; no public comment was recorded specifically on the easement during that agenda item.