Chapter 15.08
LAND USE CONSULTATION PROCESS ORDINANCE
Sections:
Subchapter 1. General
Subchapter 2. Tribal Land Use Decisions
15.08.030 Proposed fee-to-trust transfers.
15.08.040 Notice to general purpose local governments.
15.08.050 Notice to Tribal departments, Tribal members.
15.08.060 Distribution of comments.
15.08.070 Meeting to discuss comments, concerns and questions.
15.08.080 Written recommendation.
15.08.090 Good faith effort to accommodate concerns.
15.08.120 Review of decisions.
Subchapter 3. Land Use Decisions by Local Governments
15.08.130 Notices of proposed substantial actions.
15.08.150 Submission of comments.
15.08.160 Meeting with local government.
15.08.170 Opposition to proposed action.
15.08.180 Notice of written decision.
15.08.190 Legal review of written decisions.
Subchapter 1. General
15.08.010 Introduction.
This Land Use Consultation Process Ordinance is enacted by the Puyallup Tribal Council (“Council”) to set forth the manner in which the Tribe will implement the procedure required by Section VIII(C) of the Settlement Agreement dated August 27, 1988, and Section C of Technical Document No. 7 to that Agreement. [Res. 200790 (07/20/90) § 101]
Subchapter 2. Tribal Land Use Decisions
15.08.020 Proposed projects.
When any department of Tribal government or the Tribal Council proposes that the Tribe undertake a project that would be a “substantial action” as defined in Technical Document No. 7, that department (“proposing department”) shall give a brief written description of the proposed project to the Puyallup Tribal Land Use Department (“LUD”). [Res. 200790 (07/20/90) § 102]
15.08.030 Proposed fee-to-trust transfers.
Proposals by the Tribe and by Tribal members to transfer fee land into trust status are subject to this procedure. The terms “proposal” and “project” as used in this document therefore include fee-to-trust applications. [Res. 200790 (07/20/90) § 103]
15.08.040 Notice to general purpose local governments.
The LUD shall send a notice of the proposed project with a brief description of the type of project to each of the following general purpose local governments: Pierce County and the cities of Fife, Puyallup, and Tacoma. The notice shall specify that any party wishing to comment on or discuss the proposal should indicate that desire in communication to the LUD. [Res. 200790 (07/20/90) § 104]
15.08.050 Notice to Tribal departments, Tribal members.
The LUD shall circulate the notice to all departments of Tribal government, and shall publish the notice in the Puyallup Tribal News. [Res. 200790 (07/20/90) § 105]
15.08.060 Distribution of comments.
Whenever the LUD receives written comments on a proposal from a local government, Tribal department, or Tribal member, it shall provide copies of those comments to the proposing department, the Council, the Law Office of the Puyallup Tribe (“Law Office”), and to other relevant departments. [Res. 200790 (07/20/90) § 106]
15.08.070 Meeting to discuss comments, concerns and questions.
When a local government or Tribal member wishes to provide oral comments or discuss its concerns or questions with the Tribe, the LUD shall notify the proposing department, the Council, and the Law Office. The proposing department shall make appropriate representatives available for discussion. The LUD shall arrange a meeting between those representatives and the local government or Tribal member. Members of the Council may attend that meeting if they wish. Members of the Law Office may attend the meeting if directed by the Council or requested by the proposing department or by the Tribal member whose fee-to-trust application is subject to consideration. [Res. 200790 (07/20/90) § 107]
15.08.080 Written recommendation.
After consideration of comments, concerns, and objections, the LUD shall recommend to the Council in writing a decision on the proposal. Along with the recommendation, the LUD shall provide the Council with a list summarizing the comments, concerns, and objections that have been expressed to the proposal. The Council shall either adopt the recommendation or reach a modified or different decision. [Res. 200790 (07/20/90) § 108]
15.08.090 Good faith effort to accommodate concerns.
The LUD’s recommendation and the Council’s decision shall make a good faith effort to accommodate concerns expressed by any general purpose local government that is party to the settlement, Tribal department, or Tribal member. [Res. 200790 (07/20/90) § 109]
15.08.100 Written decisions.
Where there has been an objection to a proposal, the LUD shall prepare a written draft reflecting the Council’s decision. The Council shall approve and adopt the written decision, either as drafted or after modification. The written decision shall include the reasons for the decision and explain the evaluation of all relevant factors, including the standards listed in Section B(2) of Technical Document No. 7. [Res. 200790 (07/20/90) § 110]
15.08.110 Adverse decisions.
To the extent a decision is adverse to anyone who has objected to the proposal, the written decision shall explain why the adverse decision was necessary, and shall set out any restrictions or conditions that the Council has adopted in the decision to minimize the adverse impact on the objecting entity. [Res. 200790 (07/20/90) § 111]
15.08.120 Review of decisions.
Land use decisions of the Council shall be subject to review by the Puyallup Tribal Court to the following extent:
(a) To determine whether the Tribe complied with the requirements of the settlement;
(b) To determine whether the Tribe complied with the requirements of federal and Tribal law. [Res. 200790 (07/20/90) § 112]
Subchapter 3. Land Use Decisions by Local Governments
15.08.130 Notices of proposed substantial actions.
Notices of substantial actions from other local governments shall be received by the LUD. The LUD shall summarize those notices that may be of interest to Tribal departments, and circulate that summary each week to interested departments. The LUD shall make the summary available to interested Tribal members, and shall mail the summary to each Tribal member who communicates in writing to the LUD that s/he wishes to receive the summary. The LUD shall provide more detailed information about a project to any department or person who requests it. [Res. 200790 (07/20/90) § 113]
15.08.140 Proposed comments.
Any department that feels the Tribe should comment on a proposed action shall provide to the LUD either the text or a summary of its proposed comments. If more than one department proposes to comment, the LUD shall call a meeting of those (and any other relevant) departments to coordinate comments. The LUD shall keep the Law Office informed, and obtain input from the Law Office, as to comments the Tribe is proposing to make. [Res. 200790 (07/20/90) § 114]
15.08.150 Submission of comments.
Comments shall be drafted by the interested department, with the assistance of the Law Office if requested by the department or directed by the Council, subject to approval of the Council and shall, if the Council so directs, be sent to the local government by the Council. [Res. 200790 (07/20/90) § 115]
15.08.160 Meeting with local government.
A meeting with the local government to provide oral comments and to discuss concerns and objections shall be coordinated by the LUD. The meeting shall be attended by representatives of the relevant department(s). Members of the Tribal Council may attend those meetings if they wish. The Law Office shall attend the meetings if requested by a department or directed by the Council. [Res. 200790 (07/20/90) § 116]
15.08.170 Opposition to proposed action.
If any department feels that the Tribe should object to a proposed action, it shall communicate that recommendation to the LUD, which shall in turn forward the recommendation to the Council, the Law Office, and any other relevant department. The Council shall make the final decision about whether to make a formal objection to a proposed action. In cases where the Council decides to make a formal objection, it shall direct the relevant department to work with the Law Office to draft the written objection. The formal objection shall be sent to the local government by the Council. [Res. 200790 (07/20/90) § 117]
15.08.180 Notice of written decision.
Whenever the LUD receives a written decision from a local government under this consultation process, it shall provide copies of the decision to the Council, relevant departments, and the Law Office. [Res. 200790 (07/20/90) § 118]
15.08.190 Legal review of written decisions.
If any department feels that the Tribe should take legal action to challenge a written decision on a proposed action, it shall communicate that recommendation to the LUD, which shall in turn forward the recommendation to the Law Office and the Council. The Council, after consultation with the Law Office, shall make the final decision as to whether to take legal action. In cases where the Council decides to take legal action, it shall direct the relevant department to work with the Law Office and the Council to pursue the legal action. [Res. 200790 (07/20/90) § 119]