Work together to determine best course for trust land

Kitsap County Superior Court Judge Kevin Hull’s decision to assert authority over a parcel of Native trust land on Callow Avenue may fuel a legal battle involving the U.S. government and the Suquamish Tribe. Based on U.S. Code, Hull’s decision was incorrect.

Whether three-quarter acre, 300 acres or 300,000 acres, Indian trust land is exactly that: Indian trust land, under the jurisdiction of Federal and Tribal governments.

Kitsap County Superior Court Judge Kevin Hull’s decision to assert authority over a parcel of Native trust land on Callow Avenue may fuel a legal battle involving the U.S. government and the Suquamish Tribe. Based on U.S. Code, Hull’s decision was incorrect.

Let us repeat what we put forth in an editorial in July 2015: It is to the benefit of the City of Bremerton, the Suquamish Tribe and the descendants of Roberta Law Ross to work together to determine the best economic development course for the Ross descendants’ trust land at 1321 N. Callow Ave.

Much of the area was undeveloped when Ross, a Quinault woman living in Bremerton, was allotted the land — a little over three-quarters of an acre — in exchange for waterfront property for naval shipyard expansion in the 1920s; because she was Native American, the U.S. government placed the land in trust — meaning, the U.S. holds the title to protect Native American ownership.

At the time, perhaps no one foresaw that Callow Avenue would be in the center of a rapidly urbanizing area. Soon, a disconnect: A parcel of rural Native trust land, falling under U.S. and Tribal government jurisdiction, surrounded by a growing urban city.

It’s important to understand just what 1321 N. Callow Ave. is. The U.S. Code defines Indian Country as all land within the limits of a reservation, all dependent Native American communities, and “all Indian allotments.” As a piece of “Indian Country,” 1321 N. Callow Ave. falls under the jurisdiction of Tribal government (the Suquamish Tribe in this case, because it’s within Suquamish’s historical territory); and the federal government, because of the relationship between Native Americans and the United States.

The City of Bremerton has no jurisdiction over 1321 N. Callow Ave. As trust land, 1321 N. Callow Ave. is property tax-exempt, just like other government-owned land. 1321 N. Callow Ave. relies on the Suquamish Tribe and the U.S. for various services; for example, the Suquamish Tribe is the permitting agency for the descendants’ annual fireworks sales. Presumably, the Tribe and the U.S. are also responsible for public safety, but Suquamish Police are located 25 miles away.

Ross’s descendants have long explored various ways of commercially developing their property. They’ve settled on a casino, but that would require the involvement of a Tribal government. Suquamish Tribe has “declined to participate” and, because the property is located “within the ceded area of the Suquamish Tribe,” operation of a gaming establishment by any other Tribe “would be an infringement upon the Suquamish Tribe’s sovereign rights.” A majority of the Bremerton City Council also opposes a casino.

Clearly, Ross’s descendants have a right to develop their property. The Suquamish Tribe has the right and authority to regulate land use on Indian trust land in its historical territory. And the City of Bremerton, while it has no jurisdiction, is understandably concerned about how the property may be developed, because it will likely impact neighbors for whom it is responsible.

Here’s what we recommend: The Suquamish Tribe, descendants and the city meet and determine the best way to develop 1321 N. Callow Ave. Economic development could generate revenue, and Ross’s descendants and the city could negotiate payments in lieu of taxes to make city police and fire services available to the site. That would benefit everyone.

It’s clear that a casino is not going to be developed on the site as proposed. But we believe that Ross’s descendants should be able to develop their property — and that, if all three parties can work together, something economically vibrant and beneficial to all can emerge from this anomaly.

 

Tags: