HomeMy WebLinkAboutR-2001-128 Memorandum of Agreement with counties & cities of the Yakima Basin and Yakama Indian NationRESOLUTION NO. R-2001- 128
A RESOLUTION authorizing the Mayor to execute a memorandum of agreement
between the City of Yakima and counties and cities of the Yakima
Basin and the Yakama Nation regarding lead entity under Chapter
77.85 RCW.
WHEREAS, current state policy requires a coordinated lead entity within the
Yakima Basin in order to receive state and federal funding dedicated for salmon recovery
projects; and
WHEREAS, given this state policy, it is valuable to have such a coordinated lead
entity for the purposes of developing and submitting salmon recovery projects to the
Salmon Recovery Funding Board; and
WHEREAS, counties and cities of the Yakima Basin and the Yakama Nation have
agreed to cooperatively serve as lead entity for purposes of Chapter 77.85 RCW, as defined
by RCW 77.85.050, and the lead entity will be known as the Yakima Basin Salmon
Recovery Board; and
WHEREAS, it is in the best interests of the City of Yakima to enter into a
memorandum of agreement between counties and cities of the Yakima Basin and the
Yakama Nation regarding lead entity under Chapter 77.85 RCW, since the memorandum
of understanding establishes the lead entity for the purpose of developing and submitting
salmon recovery projects to the Salmon Recovery Funding Board; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Mayor of the City of Yakima is hereby authorized and directed to execute the
attached "Memorandum of Agreement Between Counties and Cities of the Yakima Basin
and Yakama Nation Regarding Lead Entity under Chapter 77.85 RCW."
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ADOPTED BY THE CITY COUNCIL this 1 day of September, 2001.
i/Wz
Mary Place, Mayor
ATTEST:
City Clerk
MEMORANDUM OF AGREEMENT
BETWEEN
COUNTIES AND CITIES
OF THE YAKIMA BASIN
AND
YAKAMA NATION
REGARDING LEAD ENTITY UNDER CHAPTER 77.85 RCW
This Memorandum of Agreement (MOA) is entered into by Yakima, Kittitas and Benton
Counties; all Cities located in WRIA's 37, 38 and 39; and, the Yakama Nation for the
purposes stated below:
PURPOSE AND SCOPE
The Parties agree that current state policy requires a coordinated lead entity
within the Yakima Basin in order to receive state and federal funding dedicated for
salmon recovery projects.
The Parties further agree that, given this state policy, it is valuable to
anadromous fish and all citizens within the geographic scope of this agreement to
have such a coordinated lead entity for the purposes of developing and submitting
salmon recovery projects to the Salmon Recovery Funding Board (SRFB).
The Parties further agree that such projects developed and submitted for public
funds should be based primarily on technical merit. Such merit shall include cost
effectiveness and overall benefit to anadromous fish species. The Yakama Nation signs
this agreement in the interest of cooperating with the State and neighboring local
governments without thereby conceding that State authority under Chapter 77.85
RCW extends to the Yakama Reservation.
The Scope of this MOA shall be the Yakima Basin (those portions of WRIA's 37,
38 & 39 located within Benton, Yakima and Kittitas Counties) as set forth in
Attachment B. The Yakama Nation agrees to include only that portion of the Yakama
Reservation located within the geograpic scope of this MOA. For planning purposes,
the inclusion of the Yakama Reservation is only for the protection of a joint resource
with neighboring governments without thereby conceding state jurisdiction under
Chapter 77.85 RCW or any other state law.
YAKIMA BASIN SALMON RECOVERY BOARD -1- AUGUST 31
PROVISOS
Nothing in this MOA is intended to create any rights in any entity not a party to this
MOA nor shall any entity be considered a third party heneficiary to this NinA.
Nothing in this MOA is intended to be a waiver of sovereign immunity by any party.
Nothing in this agreement shall grant any jurisdiction to the State or to State court
over any issue involving the Treaty rights of the Yakama Nation nor over any issue
involving the Yakama Reservation. Nothing is intended to agree that the Endangered
Species Act applies to the Yakama Treaty rights.
All parties have a right to withdraw from the MOA and the process at anytime. If any
party withdraws the MOA shall be considered to be terminated and of no further force
or effect.
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YAKIMA BASIN SALMON RECOVERY BOARD
AUGUST 31
ATTACHMENT B
(Reserved for a physical map of the proposed lead entity and a written description of
the lead entity boundaries)
Information: Map is being prepared by the City of Selah.
YAKIMA BASIN SALMON RECOVERY BOARD AUGUST 27
ATTACHMENT A
Name
Signature
Date
City of Benton City
Benton County
City of Cle Elum
City of Ellensburg
City of Grandview
City of Granger
City of Harrah
City of Kennewick
City of Kittitas
Kittitas County
City of Mabton
City of Moxee
City of Naches
City of Prosser
City of Richland
City of Roslyn
City of Selah
City of South Cle Elum
City of Sunnyside
City of Tieton
City of Toppenish
City of Union Gap
City of Wapato
City of West Richland
Yakama Nation
City of Yakima1
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Yakima County
City of Zillah
YAKIMA BASIN SALMON RECOVERY BOARD
AUGUST 27
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of September 4, 2001
ITEM TITLE: Yakima Basin Lead Entity Formation
SUBMITTED BY: Mayor Mary Place
Councilman Clarence Barnett
Councilman Bernie Sims
CONTACT PERSON/TELEPHONE: Dueane Calvin, Water and Irrigation Manager
576-6480
SUMMARY EXPLANATION:
The Memorandum of Agreement (MOA) is between the counties and cities of the
Yakima Basin and the Yakama Nation. The MOA establishes the lead entity for
salmon recovery projects known as the Yakima Basin Salmon Recovery Board.
As background, the State of Washington Department of Fish and Wildlife held two
meetings at Hyak Lodge to help bring the various interests together for the
development of a lead entity in the Yakima Basin. The Yakama Nation played a
significant role in the development of the agreement.
The pre-existing MOA between Yakima County, City of Selah and the Yakama Nation
served as the basis for the development of this new agreement.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION:
COUNCIL COMMITTEE RECOMMENDATION: Approve the Resolution and
Memorandum of Agreement
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-128
OFFICE OF THE MAYOR
129 North Second Street
City Hall, Yakima, Washington 98901
Phone (509) 575-6050 e Fax (509) 576-6335
September 4, 2001
Mr Phil Trask
Lead Entity Program Manager
Department of Fish & Wildlife
600 Capitol Way North
Olympia WA 98501-1091
REFERENCE: Memorandum of Agreement — Lead Entity
Dear Mr. Trask.
Enclosed is an original of the referenced agreement that the City Council
approved at their meeting on September 4". Yakima has been designated as the
large city representative for Yakima County and Larry Mattson was appointed to
fill that role on the Board. The alternate will be the Mayor of Sunnyside, Ed
Prilucik.
After you have obtained the required signatures on the Memorandum of
Agreement, please return a fully executed copy to my attention. I have also
enclosed a certified copy of Resolution R-2001-128 covering this agreement for
your records.
Sincerely,
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Enclosure
Yakima
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