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INTERGOVERNMENTAL AGREEl\tlENT

AMONG

THE PlYALLUP TRIBE OF INDIANS

THE WASHINGTON STATE DEPARTl\tIENT OF ECOLOGY

AND THE

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

I. Parties

Thls Intergovernmental Agreement (Agreement) is among the

Puyallup Tribe of Indians (Tribe), the vVashingt6n State Department of

Ecology (Ecology), and the United States Environmental Protection

Agency Region 10 (EPA) (collectively referred to in this Agreement as

the Parties).

II. Scope and Purpose

The purpose of this Agreement is to provide a framework to' organize;

plan and implement an intergovernmental partnership among the

Parties to assure the protection of human health and the environment

and to provide for consistent, efficient, and effective environmental

regulation and management. This Agreement is not intended to, and

does not, enlarge, diminish, or define the jurisdiction of any of the

parties.

Under this Agreement the Parties agree in good faith to coordinate and

cooperate with regard to all activities under the respective laws of the

Parties relating to environmental regulation and management within

the Puyallup Reservation and within the the Puyallup Tribe's

adjudicated Usual and Accustomed Fishing Places under U.S. v.

Washington. These activities ·include, but are not limited. to, the

regulation and management of air and water resources, and the'

management, disposal and cleanup of hazardous wastes.

m. Authority

A. The Parties

1. The Puyallup Tribe, Washington State, and the United

States are parties to the 1988 Puyallup Land Claims

Settlement Agreement. The Settlement Agreement was

subsequently ratified by Congress and incorporated into

Federal law, the Puyallup Tribe of Indians Land Claims

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Settlement Act of 1989, 25 U.s.c. §1773 (1989). Section

VIlLA.3 of the Settlement Agreement provides for 0

intergovernmental consultation and coordination of

federal, tribal, state and local governmental

environmental laws.

B. The Puyallup Tribe

1. The Puyallup Tribe is a federally recognized, sovereign

Indian Tribe organized under a constitution and bylaws

approved by the Secretary of the Interior pursuant to the

Indian Reorganization Act of 1934, ch, 576, 48 Stat. 984.

Pursuant to Article VI, Section 1 (a) of the Constitution of

the Puyallup Tribe and other legal authorities, the Tribe

has the authority to enter intergovernmental agreements

with the United States and the State of Washington.

2. Under the Treaty of Medicine Creek of 1854 the Puyallup

Tribe has retained certain rights including the right of

taking fish in the Tribe's usual and accustomed places.

[U.s. v. State of Washington 384 F.5upp.312 (1974)J The

Puyallup Tribe's Usual and Accustomed treaty areas

include but are not limited to, the Puyallup River

Watershed including Wapato and Hylebos Creeks,

portions of the Chambers Creek/Clover Creek Watershed, o./

Commencement Bay, Vashon Island, Carr Inlet and areas

around Gig Harbor/Fox Island/McNeil Island.

3. The Puyallup Tribe and certain of its individual members

own lands held in trust by the United States, within and

near the boundaries of the 1873 survey area of the

Puyallup Indian Reservation. Tribal trust properties .

include lands in the City and Port of Tacoma, Fife and

Puyallup, along with the bed of the Puyallup River below.

the ordinary high water mark within the 1873 survey area.

Pursuant to Section VIII A.3. ofthe Settlement

Agreement, the Tribe has jurisdiction to implement tribal

and federal environmental laws on trust lands within the

1873 survey area.

4. The Puyallup Tribe has been granted treatment as a state

by EPA under Section 518(e) of the Clean Water Act to

carry out the Water Quality Standards Program under

Section 303 of the Act on trust land within the 1873

reservation boundary survey area, consistent with the

Settlement Agreement. Tribes are also eligible for

delegation under other federal laws including the Clean

Air Act and the Safe Drinking "Vater Act and tribes are ()

designated natural resource trustees under Section107(f)

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of the Comprehensive Environmental Response,

Compensation and Liability Act.

C. Ecology

'1. The Department of Ecology was established and

designated under RCW 43.21A by the State of

Washington. Ecology administers the State's Water

Pollution Control Act (Ch. 90.48 RCW) and other State

environmental laws and is authorized under Ch. 39.34

RCW, the Interlocal Cooperation Act, to enter into

intergovernmental agreements for joint or cooperative

actions with agencies of the United States and federally

recognized tribes. '

2. Ecology is delegated or is otherwise eligible to be delegated

by EPA to carry out programs under the Clean vVater Act,

the Clean Air Act §J1d other federal acts and is a natural

resource trustee under Section 107(f) of the

Comprehensive Environmental Response, Compensation

and Liability Act. (The Washington State Department of

Health is the state agency responsible fer the Safe

Drinking ~ater Act and is not a party to this agreement.)

3. Washington State is bound under the Supremacy Clause

of the United States Constitution, article VI, c1.2, to

observe and carry out the provisions of the the United

States Treaties.

0, EPA

1. EPA is the federal agency with primary responsibilities for

the Clean Water Act (CWA), 33 USc. sis 1251 et seq.

(1977) and other environmental laws including: the Clean

Air Act (CAA)42 USc. sis 7401 et seq. (1970); the

Comprehensive Environmental Response, '

Compensation, and Liability Act (CERCLA or Superfund),

..J:2 USc. sis 9601 et seq. (1980); the Resource Conservation

and RecoveryAct (RCRA), 42 USc. s/s 321 et seq. (1976);

the Safe Drinking Water Act (SOWA), 43 USc. sis 300f et

seq. (1974); the Superfund Amendments and

Reauthorization Act (SAR.-\), 42 USc. 9601et seq. (1986).

2. The United States and Indian Tribes have a special

judicially defined trust relationship 'and EPA as an

executive agency has a responsibility to ensure the

administration of its statutes are in keeping with that

trust.

3. On November 8,1984 EPA issued its Indian Policy for

implementation of Federal environmental programs on

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Indian lands. EPA's Indian Policy is based on principles of

Tribal self-government and a Tribal-Federal partnership 0

in the management of Federal environmental programs

on Indian reservations in order to protect human health

and the environment. EPA Administrator Browner

reaffirmed EPA's Indian Policy on March 14, 1994.

, 4. The federal government has jurisdiction for the

administration and implementation of federal

environmental laws on trust lands within the 1873

Survey Area of the Puyallup Tribe.

IV. Limitations

A. This Agreement is intended to facilitate intergovernmental

cooperation among the Parties. Nothing in this Agreement is

intended to, nor does it, create any right, benefit, or

responsibility, substantive or procedural, eriforceable at law or

equity by any perso.n or entity other than and among the Parties

to this Agreement. This Agreement shall not be construed to

create a right of judicial review by any person or entity other

than and among the Parties to this Agreement involving the

compliance or noncompliance with this Agreement.

V. Mutual Responsibilities

A. The Parties agree to cooperate and consult with and give timely 0

notice to one another to the maximum extent practicable

regarding their governmental interests, actions and decisions

within the scope this Agreement. Officials authorized to

approve this Agreement (Authorized Officials); their successors

in office or their authorized representatives will meet no less

than annually to:

1. review this Agreement,

2. discuss governmental actions and decisions within the

scope of this agreement each Party expects or plans to take,

and

3. set out priorities for the upcoming year, or other

appropriate interval, for intergovernmental cooperation.

B. This agreement contemplates that formal and 'informal program

or activity-specific agreements, protocols or plans pursuant to

this Intergovernmental Agreement will be established by

authorized representatives of the Parties to implement the

intergovernmental cooperation and coordination provided for

in this Agreement. Such agreements will be subject to the

decision making and dispute resolution section of this

Agreement (Section VI.) and may be appended to this

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, Agreement by amendment as provided.

C. Governmental actions and decisions based on human health

criteria to the maximum extent practicable will take into account

the life-time exposures of Puyallup Tribal Members to pollutants

from all pathways and sources in the Puyallup River WatersPted.

D. The Parties will share information, documents, records, reports

and data (Information) to the maximum extent permitted by law

relating to protection of environmental quality, natural

resources and human health. Where necessary to preserve

confidentiality of any Information requested under this

Agreement, the Parties may execute confidentiality agreements.

VI. Decision Making and Dispute Resolution

A. If requested by any of the Parties, a meeting of the Authorized

Officials or their representatives will be scheduled to review

issues arising under this Agreement.

B. Decisions of the Parties in carrying out this Agreement shall be

by consensus. In the event of a dispute, authorized

representatives of the Parties shall initiallv attempt to resolve

the dispute through good faithdiscussion -directed toward

obtaining consensus among the Parties. In the event consensus

cannot be reached, the matter shall be presented for resolution to

the Authorized Officials. The Parties may informally or

formally establish processes to help achieve consensus decisions.

C. Nothing in this understanding shall be deemed as a transfer of

authority or responsibility nor shall it be construed to limit the

right of any party to act in any administrative, judicial or

legislative forum to protect its rights.

VII. Effective Date, Amendment, Terminations and Execution

A. Effective Date

This Agreement shall be effective when executed by the'

Authorized Officials for all the Parties.

B. Amendment

This Agreement may be amended only in 'a writing executed by

the Authorized Officials of all of the Parties.

C. Termination

This Agreement shall continue in effect until terminated. Any

Party may unilaterally terminate this Agreement without

prejudice by giving the other Parties 60 day written notice. This

Agreement shall be immediately terminated by the approval of

all Parties or at a mutually acceptable date.

D. Execu tion

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This Agreement may be approved on separate signature pages by

each of the Parties:

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PUYALLUP TRIBE OF INDIANS

by lilP .s:«

Bill Sterud

Chair

Puyallup Tribal Council

'VV ASHINGTON DEPARTMENT OF ECOLOGY

by.m~~Wand- Mary Riveland

Director

! / 02 III

Date

/~ / / b I ?!&

Date

by ~......d:~~~-=~~~:.--.__

Chuck Clarke

Regional Administrator

EPA Region 10

Puyallup/Ecology/EPA Intergovernmental Agreement

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Date

1/3/9?2-

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