n.a.
                      SECOND DRAFT

                  SQUAXIN ISLAND TRIBE

                   LAND USE ORDINANCE

Section 1. Purpose.  The purpose of the Squaxin Island Land Use
Ordinance is to ensure that development of the lands of the Squaxin 
Island Reservation, both presently existing and hereafter added to the
Reservation, is undertaken in a manner that is consistent with the 
goals of the Squaxin Island Tribe for such lands, as stated in Section
4 of this Ordinance.

Section 2. Definitions

     2.1. Tribal Council.  The Squaxin Island Tribal Council, the
     governing body of the Squaxin Island Tribe.

     2.2. Tribal Court.  Squaxin Island Tribal Court.

     2.3. Land Use Board.  The Board, chosen by the Tribal Council, that
     is responsible for approving or denying Land Use Permit
     applications.

     2.4. Health Development Board.  The Board, chosen by the Tribal
     Council, that is responsible for approving or denying Health
     Development Permit applications.

     2.5. Squaxin Island District.  Squaxin Island itself, not including
     the tidelands surrounding the Island, which was the original
     Squaxin Island Indian Reservation.

     2.6. Tidelands District.  All of the tidelands around Squaxin
     Island, and those located in front of and adjacent to the Hartstene
     District, all of which tidelands are Reservation lands.

     2.7. Hartstene District. A tract of Reservation land on Hartstene
     Island across Peale Passage from Squaxin Island, to wit:

          Part of Lot 1 of Section 14, Township 20 North, Range 2
          West, W.M., and part of Lot 2 of Section 14, Township 20
          North, Range 2 West, W.M., and appurtenant and adjacent
          tidelands.

     2.8. Tribal Center District.  A tract of Reservation land near
     Kamilche, Washington used for business purposes (Tribal Center
     District), to wit:

          Part of the SW 1/2 of the SE 1/2 of Section 18, Township 19
          North, Range 3 West, Willamette Meridian.

     2.9. Housing District.  A tract of Reservation land near Kamilche,
     Washington used for residential purposes (Housing District), to
     wit:

          The NW 1/4 of the SE 1/4 of the NE 1/4 and the W 1/2 of the SW
          1/4 of the SE 1/4 of the NE 1/4 in Section 20, Township 19
          North, Range 3 West, W.M., in Mason County, Washington.

Section 3. Jurisdiction

     3.1. Territory.  The jurisdiction of the Squaxin Island Tribe
     extends over all lands, waters and airspace within the exterior
     boundaries of the Squaxin Island Reservation.  The Reservation
     includes four areas:

          3.1.1 Squaxin Island itself, including its tidelands and
          waters and subtidal lands surrounding the Island, up to a
          distance of one-fourth mile from the line of mean low tide
          (Squaxin Islands Tidelands and Subtidelands Districts);

          3.1.2 An area of land on Hartstene Island across Peale
          Passage from Squaxin Island (Hartstene and Tidelands
          Districts);

          3.1.3 An area of land near Kamilche, Washington used for
          business purposes (Tribal Center District); and

          3.1.4 An area of land near Kamilche, Washington used for
          residential purposes (Housing District).

     3.2. Ownership of Lands.  Activities on all lands within the
     exterior boundaries of the Squaxin Island Reservation shall be
     subject to the provisions of this Ordinance regardless of the
     ownership status of such lands.  The Squaxin Island Tribe, through
     the Squaxin Island Tribal Council, deems it absolutely necessary
     that all Reservation lands be subject to uniform and consistent
     controls so that the future of the Squaxin Island Reservation may
     be preserved.

     No action taken under this Ordinance may in anyway be influenced by
     the race or tribal membership status of the owner of affected
     lands.

Section 4. Goals.  The goals of the Squaxin Island Tribe for the
development of Reservation lands are the following:

     4.1. To protect the health, safety and welfare of all residents of
     the Squaxin Island Reservation, and those who enter the
     Reservation;

     4.2. To preserve the cultural and Tribal identity, including
     aesthetic aspects of such identity, of the Squaxin Island Tribe
     of Indians;

     4.3. To provide a base for cultural, social and health and other
     welfare-related activities for Squaxin Island people;

     4.4. To provide affordable housing to Tribal members in a community
     setting.

     4.5. To protect the natural resources and environment of the
     Squaxin Island Reservation from degradation or pollution to the
     greatest extent possible;

     4.6. To develop Squaxin Island resources by the Squaxin Island
     Tribe for the purpose of promoting a self-sustaining and stable
     Indian community; and

     4.7. To encourage maximum Tribal involvement in ownership and
     management of Squaxin Island Reservation development to increase
     the economic power and well-being of the Squaxin Indian Tribe.

Section 5. Land-Use Regulations.

     5.1. District Regulations.  The Squaxin Island Reservation shall
     be divided into six districts:  Squaxin Island District, Tidelands
     District, Subtidelands Districts, Hartstene District, Tribal Center
     District, and Housing District.

     Uses of land in each district shall be limited to those that fall
     within the District Regulations in this Section.

          5.1.1 Squaxin Island District.  The uplands of Squaxin
          Island shall not be heavily developed, but shall retain
          their present character as predominantly natural wilderness
          areas.  Commercial or residential construction shall
          not be permitted.  Appropriate uses include, but are not
          limited to, controlled forestry activities, hunting, hiking,
          and picnicing.

          5.1.2. Tidelands District.  The Tidelands around Squaxin
          Island, and in front of the Hartstene District, shall not
          be open to the general public.  Tribal agents and Tribal
          members and their immediate families, and others with
          special permits from the Squaxin Island Tribal Council,
          are the only people authorized to be on these tidelands
          at any time, except for those leasing tidelands from the
          Tribe and their guests.

          5.1.3. Subtidelands District.  The subtidelands and waters
          within one-quarter of a mile from the line of mean low
          tide around Squaxin Island shall be used only for
          aquaculture purposes, either directly or indirectly, and for
          recreational boating so long as recreational activities
          do not interfere with aquaculture programs.

          5.1.4. Hartstene District.  This area shall be used for the
          Tribal Oyster processing facility and related activities.

          5.1.5. Tribal Center District.  This area shall be used in
          furtherance of Tribal government, including economic
          enterprises of the Squaxin Island Tribe.

          5.1.6. Housing District.  This area shall be used as a
          residential area.  Uses such as a community center, a
          mental-dental clinic, or other uses appropriate in a
          residential area, including retail service facilities, may
          also be permitted.

     5.2. Existing Uses.  Uses of lands on the Squaxin Reservation that
     are in existence at the time of the enactment of this Ordinance,
     and are inconsistent with its terms, shall be permitted.  Changes
     in uses of these lands, however, will require a permit from the
     Land Use Board pursuant to Section 7, of this Ordinance.

Section 6. Health Development Board.

     6.1. Members.  The Health Development Board shall consist of three
     persons, none of whom may serve on the Squaxin Island Tribal
     Council or the Land Use Board at the same time he or she is on the
     Health Development Board.

     The Squaxin Island Tribal Council shall appoint the members of the
     Board, and shall have the power to remove them for good cause.  The
     Board shall pick its own chairperson.

     The Squaxin Island Court Clerk shall serve as the Health
     Development Board Clerk.

     6.2. Health Development Board Permits

          6.2.1. Activities Requiring Permits.  No person other than the
          Tribe itself shall undertake any construction or other
          activities that will require sewage disposal from or the
          provision of water to completed construction or development
          without a permit from the Board.

          6.2.2. Issuance of Permits.  The Board shall issue a permit to
          an applicant only when it is satisfied that sewage disposal
          and water supply systems will be adequate to meet the needs of
          the proposed development, and can be provided without undue
          environmental degradation or pollution.

     6.3. Duties.  The Board shall grant or deny applications for
     permits pursuant to Section 8 of this Ordinance (Board Procedures).
     A quorum of two members is necessary to take action on
     applications.  Decisions shall be by majority vote.  A tie vote
     acts as a denial.

Section 7. Land Use Board.

     7.1. Members.  The Land Use Board shall consist of four persons,
     none of whom may serve on the Squaxin Island Tribal Council or
     Health Development Board at the same time she or he is on the Land
     Use Board.  One of the four places on the Board shall be reserved
     for a person who is not a member of the Squaxin Island Tribe who
     owns real property on the Reservation.  If no such person is
     available to serve, that seat shall remain vacant until such a
     person become available.

     The Squaxin Island Tribal Council shall appoint the members of the
     Board, and shall have the power to remove them for good cause.  The
     Board shall pick its own chairperson.

     The Squaxin Island Court Clerk shall serve as the Land Use Board
     Clerk.

     7.2. Land Use Board Permits.

          7.2.1 Activities Requiring Permits.  No person other than the
          Tribe itself shall undertake the following without a permit;
          improvements on real property located on the Squaxin Island
          Reservation, including new construction, remodeling, etc,;
          destruction of existing structures; activities related to land
          or water such as timber harvesting, acquaculture enterprises
          except individual commercial fishing or clam or oyster
          harvesting; and any other activities that directly relate to
          the uses of Reservation lands or water resources; PROVIDED,
          that any such activities that cost less than $1,000, or result
          in a change in the appraised value of the subject property of
          less than $1,000, are exempt from the permit requirement.

          7.2.2. Issuance of Permit.  The Board shall issue a permit to
          an applicant only when it is satisfied that the following
          conditions are met:

             7.2.2.(a).  A Health Development Board permit has
             been secured;

             7.2.2.(b)  The proposed action meets the goals of
             the Squaxin Island Tribe for development as stated
             in Section 4 of this Ordinance; and

             7.2.2.(c)  The proposed action falls within uses
             enumerated in the appropriate District Regulation.

     7.2. Duties.  The Board shall grant or deny applications for
     permits pursuant to Section 8 of this Ordinance (Board Procedures).
     A quorum of two members is necessary to take action on
     applications.  Decisions shall be by majority vote.  A tie acts as
     a denial.

Section 8. Board Procedures.  The following procedures apply to both the
Health Development Board and the Land Use Board.

     8.1. Application.  An application for a permit must be made on the
     approved form, available from the Board Clerk.

     8.2. Additional Information.  The Board may request additional
     information from the applicant at any time, and shall allow
     sufficient time to the applicant to provide such information.  An
     application shall not be considered complete pending response to
     such a request by the Board.

     8.3. Written Comments.  Within two weeks of the date of submission
     of the application, the Clerk shall post a copy of the application
     and forward copies to the Tribal Council, and the Board shall cause
     copies forwarded to other parties it knows to be interested, and
     the Board shall set a time period for the submission to it of
     written comments regarding the application.  This time period may
     be from one week to one month long, to start the day it is
     established.

     8.4. Publication of Written Comments.  As they are received, and
     for a period of one week (or less, if agreeable to the Board and
     Applicant) following the last day for submission of written
     comments, the Board shall make such comments available to the
     public.

     8.5. Public Hearing.  The Board shall set a date for a public
     hearing on the application to be held any time between one week and
     one month following the last day for submission of written
     comments.  More than one public hearing shall be held, as long as
     each hearing take place not more than one month after the previous
     hearing, and no more than three hearings are held in total.  Each
     hearing shall be at a convenient time at the Tribal Center.

     8.6. Notice of Public Hearing.  Notice of each hearing shall be
     mailed to all parties who have officially made the Board Clerk
     aware of their interest, and others whom the Board knows to be
     interested, and posted at the Tribal Center.  Notice shall not be
     valid unless given one week prior to the hearing.

     8.7. Waiver of Public Hearings.  If the Board and applicant agree,
     and the Board determines from the written comments and other
     sources of information that no substantial controversy exists, the
     Board may request the Tribal Council to direct that no public
     hearings be held.  If the Tribal Council so directs, no hearings n
     need by held, PROVIDED, that the Tribal member may reverse this
     ruling by certifying to the Board Clerk that a controversy does in
     fact exist within three days of the Tribal Council action.

     8.8. Decision.  The Board shall make its decision within one week
     of the last Public Hearing on an application.

     8.9. Appeal to Tribal Council.  Decisions by the Board may be
     appealed to the Tribal Council.  Decision by the Council shall be
     by majority vote.  The Council shall hear an appeal at its first
     meeting after the decision of the Board.  The applicant, any person
     with a substantial interest in the application or the Tribal
     Council itself may appeal a decision to the Council.

     8.10. Appeal to Tribal Court.  Appeal from the decision of the
     Tribal Council may be taken by the applicant or by any person with
     a substantial interest in the outcome of the application to Squaxin
     Island Tribal Court, or any Tribal Council member, using
     established Tribal Rules of Civil Procedure.  Appeals to Tribal
     Court shall be limited to allegations that the action of the Tribal
     Council was a result of bias, clearly erroneous, or caused by a
     mistake in interpreting the law.


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