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Port Gamble S’Klallam reservation grows by 390 acres

LITTLE BOSTON — The Port Gamble S’Klallam Tribe is expanding its reservation by nearly 400 acres after land it acquired from the state Department of Natural Resources was approved for trust status.

This designation — achieved in part through the first-time use of a 1907 state statute — will allow Port Gamble S’Klallam to independently regulate the land and expand its reservation boundaries.

The parcel, which was purchased from the state Department of Natural Resources in 2005, totals 390 acres and is located south of the reservation, running north and south along Hansville Highway and east on Little Boston Road. Currently, the land is under a 10-year forest management plan initiated by Port Gamble S’Klallam. After the full term of this plan is complete, the Tribe will determine the best use for the land taking into account the needs of its community members.

“This is a very important step for our Tribe,” Chairman Jeromy Sullivan said. “Trust status allows us to increase the size of our reservation by more than 25 percent while ensuring this land stays in the hands of the Port Gamble S’Klallam people forever. This is essential as we continue to plan for the needs of our growing population.”

Under trust status, the federal government holds the legal title for the Tribe in perpetuity. Most Tribes pursue trust status on purchased lands so they can exercise full regulatory jurisdiction and expand reservation boundaries.

“Tribes have a unique challenge: planning for a community that will exist and likely grow for generations,” Sullivan said. “While in areas around the reservation, populations shift and governments make decisions based on immediate needs, Tribes have to always consider not just today, but also many tomorrows.”

Obtaining trust status through the federal process can take up to 10 years. Under the federal Department of Justice Title Standards, which governs the process for taking land into trust, the federal government will generally only take land into trust when it isn’t encumbered with liens, encroachments or exceptions. To help speed up the application process, the Tribe garnered support from the state’s Department of Natural Resources to use a little-known 1907 state statute, RCW 79.11.220.

The statute allowed the state to transfer the mineral rights to the United States, which the state maintained in the sale as it does as a matter of practice. If the state couldn’t transfer the mineral rights of the former DNR land to the United States, the Tribe would not have been successful in obtaining trust status. Attorneys for Port Gamble S’Klallam believe this is the first time this statute has been used by the state.

As a part of the review process, Port Gamble S’Klallam completed an Environmental Protection Agency Phase 1 environmental review as required by the federal government. Seattle-based Ridolfi, Inc., an independent contractor hired by the Tribe, completed the review.

In addition, Port Gamble S’Klallam worked with owners of adjacent properties to resolve any encroachment issues. While these were usually minor, it was important to Port Gamble S’Klallam to resolve these to help further establish good relationships with its neighbors. Prior to receiving final approval, the Tribe notified the Kitsap community of its intentions to take the land into trust status through a public notice in the local papers. No comments were received. Gov. Christine Gregoire signed the deed to certify the land into trust status on May 21.

Port Gamble S’Klallam is planning a celebration event later this summer and has invited Tribe members to suggest names for the parcel.

 

 

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