12-9-2004
LETTERS TO THE EDITOR
Tribal Response
   As the spokesman for the Suquamish Tribe, I would like to take this opportunity to provide some factual background regarding the Suquamish Tribe’s appeal of the Growth Management Hearings Board decision on the South Kitsap Urban Growth Area Expansion. As you state in your November 2004 Kitsap Business Journal article, it is true that the Tribe appealed the Hearings Board decision. The County’s own data shows that it is not achieving the growth that was projected to occur by its Comprehensive Plan for existing UGAs, but rather than comply with the Growth Management Act and do something to remedy this inconsistency, the County instead approved expansion of three UGAs. The Tribe supports planned growth that is consistent with the Growth Management Act.
   A major consideration in the Tribe’s decision to file its appeal was Kitsap County’s independent decision to appeal the Board’s decision. The Tribe’s appeal is a standard practice in these types of cases, intended to preserve our right to argue the points lost before the Hearings Board, such as UGA expansions and vesting. Contrary to your article’s characterization, the Tribe’s action was not a deliberate strategy of litigating all issues when an appeal would have occurred in any case. Moreover, if in fact the Tribe prevails on the vesting issue on appeal, it means there is a fundamental flaw in the Growth Management Act that should have been addressed by the State Legislature without being forced to deal with it through a Court order.
   You state in your article that the Tribe has been invited to participate in the joint County/City planning process to expand the South Kitsap UGA yet no tribal representatives attended these meetings. Your characterization that the Tribe has had zero participation in the process is incorrect. The Tribe informed the County/City group that we welcomed the opportunity to participate in this planning on a government-to-government basis. The County/City group refused to do this and instead continued to treat us like a community/citizen group, which we are not. The Tribe has also tried, albeit unsuccessfully, to get our concerns on the issue heard through our participation in the Kitsap Regional Coordinating Council and the Planning Director forums.
   Your statement regarding land use controls on the reservation as not conforming to those the Tribe asks for off-reservation is also inaccurate. The County is mandated by the State’s Growth Management Act to put land use regulations in place for its territory. The Tribe must adhere to federal standards for all lands within the Port Madison Indian Reservation that are held in trust status by the Federal Government or have construction funded by Federal grants. We have strict internal environmental review and controls on many tribal projects, including the Clearwater Casino, which met standards that exceeded off-reservation requirements for a similar sized project.
   The Tribal government’s regulation of land use within its territory may differ from that of the County and our neighboring cities, just as Kitsap County’s land use laws and regulations differ from that of Jefferson County or the City of Bremerton. Just like the United States Congress, the Kitsap County Commission and the Bainbridge City Council, the elected members of the Suquamish Tribal Council have an obligation under its Tribal Constitution to govern land use of its territory in a manner that best protects its resources and meets the needs of its citizens.
   Most importantly, the Tribe has the same right as any other government jurisdiction to ensure that the County adheres to the Growth Management Act and to any ordinances or regulations it enacts for its own territory. This is especially important in light of the fact that the County’s land use decisions and activities often materially affect the Tribe’s Treaty protected usual and accustomed fishing grounds and stations in the waters adjacent to the County.
   While you characterize the situation with the South Kitsap Industrial Area as an attack by the Tribe against the creation of 9,000 new jobs over the next twenty years, you fail to give the Tribe any credit for the 900 present jobs it provides to North Kitsap County or its economic development efforts that have significantly improved the North Kitsap economy.
   The Suquamish Tribe is committed to protecting habitat for fish, clams, water and other treaty-reserved resources. We are also aware that we all benefit from a thriving Kitsap County economy. We believe that Kitsap County and local jurisdictions have a better chance of achieving this goal by conforming to Washington State Growth Management Act, rather than choosing not to conform to this effective anti-sprawl legislation.

Leonard Forsman
Tribal Spokesperson
Suquamish Tribe