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• INTERGOVERNMENTALAGREEl\tlENT AMONG THEPlYALLUPTRIBE OFINDIANS THEWASHINGTONSTATEDEPARTl\tIENT OFECOLOGY AND THE UNITED STATES ENVIRONMENTALPROTECTIONAGENCY

I. Parties Thls Intergovernmental Agreement (Agreement) is among the Puyallup Tribe ofIndians (Tribe), the vVashingt6n State Department of Ecology (Ecology), and the United States Environmental Protection Agency Region 10 (EPA) (collectively referred to in this Agreementas the Parties). II. ScopeandPurpose The purpose ofthis Agreement is to provide a framework to'organize; plan and implement an intergovernmental partnership among the Parties to assure the protection ofhuman 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 ofair and waterresources, and the' management, disposal and cleanup ofhazardous wastes. 

# m. Authority A. The Parties 1. The Puyallup Tribe, Washington State, and the United States are parties to the 1988Puyallup Land Claims Settlement Agreement. The Settlement Agreement was subsequently ratified by Congress and incorporated into Federal law, the Puyallup Tribe ofIndians Land Claims

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### I Settlement Act of 1989, 25U.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 IndianTribe organized under a constitution andbylaws approved by the Secretary of the Interiorpursuantto 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 ofWashington. 2. Under the Treaty ofMedicine Creekof 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 ofWashington 384F.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 CreekWatershed, 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 PuyallupIndian Reservation. Tribal trust properties

. include lands in the City and Port ofTacoma, Fifeand Puyallup, along with the bed of the Puyallup River below. the ordinary high water mark withinthe 1873survey area. Pursuant to Section VIIIA.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 beengranted treatmentas astate by EPA underSection518(e) of the CleanWater 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 trusteesunderSection107(f)

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• of the Comprehensive Environmental Response, Compensation and Liability Act. C. Ecology '1. The Departmentof 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 isotherwise eligibleto be delegated by EPA to carry outprograms under the Clean vVaterAct, the Clean AirAct §J1d other federal acts and is a natural
resource trustee under Section 107(f)ofthe 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 aparty 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, EPA1. EPA is the federal agency with primary responsibilities for the Clean WaterAct (CWA), 33 USc. 

### sis 1251 et seq. (1977) and other environmental laws including: the Clean Air Act (CAA)42USc. 

### sis7401 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), 42USc. s/s 321 et seq. (1976); the Safe DrinkingWaterAct (SOWA), 43 USc. 

### sis 300f et seq. (1974); the Superfund Amendments and Reauthorization Act (SAR.-\), 42USc. 9601et seq. (1986). 2. The United States and Indian Tribes have a special judicially defined trustrelationship 'and EPA as an executive agency has aresponsibility to ensure the administration of its statutes are in keeping with that trust. 3. On November8,1984 EPA issued its IndianPolicy for implementation of Federal environmental programs on Puyallup/Ecology/EPA IntergovernmentalAgreement Page: 3 of 6

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I Indian lands. EPA's Indian Policy is based on principles of Tribal self-government and a Tribal-Federal partnership 

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in the management ofFederal environmental programs on Indian reservations in order to protecthuman 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 ofthe 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 otherthan and among the Parties to this Agreement. This Agreement shall not be construed to create a right ofjudicial 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 

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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 ortheir authorized representatives will meet no less than annually to: 1. review this Agreement, 2. discuss governmental actions and decisions within the scope ofthis agreementeach Party expects or plans to take, and 3. set outpriorities 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 orplans 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

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### C. Governmental actions and decisions based on human health criteria to the maximum extentpracticable will take into account the life-time exposures ofPuyallup 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. DecisionMaking and DisputeResolution A. Ifrequested by any of the Parties, ameeting ofthe 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 eventof adispute, authorized representatives of the Parties shall initiallv attempt to resolve the dispute through goodfaithdiscussion

-directed toward obtaining consensus among the Parties. In the event consensus cannotbe 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 ofthe 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. Execution

Puyallup/Ecology/EPA IntergovernmentalAgreement Page:5 of 6ThisAgreementmaybe approved on separate signaturepages by each of the Parties: . ! J

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PUYALLUP TRIBE 

### OF INDIANS 

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Bill Sterud Chair Puyallup Tribal Council

'VVASHINGTON DEPARTMENT OF ECOLOGY

# by.m~~Wand- Mary Riveland Director 

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by**~......d:~~~-=~~~:.--.** 

### __ ChuckClarke Regional Administrator EPA Region 10

Puyallup/Ecology/EPA IntergovernmentalAgreement 

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