TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Dan Atchison, City Attorney
SUBJECT:
title
Memorandum of Understanding with the Siletz Tribe concerning City services to Siletz Tribal Trust land.
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Good Governance; Natural Environment Stewardship; Safe and Healthy Community; Safe, Reliable and Efficient Infrastructure; Strong and Diverse Economy; Welcoming and Livable Community.
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SUMMARY:
summary
The proposed Memorandum of Understanding (MOU) establishes guidelines and a framework for the provision of City services to Siletz Tribal Trust land within the city.
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ISSUE:
Shall the City Council authorize the execution of a non-binding MOU between the City of Salem and the Siletz Tribe that establishes guidelines and a framework for the provision of City services to Siletz Tribal Trust land within the city; City Council’s authorization of this MOU does not establish or imply support or opposition to a possible casino located within the Salem area?
RECOMMENDATION:
recommendation
Authorize the execution of a non-binding MOU between the City of Salem and the Siletz Tribe that establishes guidelines and a framework for the provision of City services to Siletz Tribal Trust land within the city; City Council’s authorization of this MOU does not establish or imply support or opposition to a possible casino located within the Salem area.
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FACTS AND FINDINGS:
The Siletz Tribe is a federally recognized, sovereign Indian tribe. Federal law allows the Siletz Tribe to apply to the Bureau of Indian Affairs to have property within the city of Salem to be held in trust by the United States for the benefit of the Tribe. Once property is converted to Trust land, the property is no longer subject to the regulatory authority of the City and is exempt from property tax.
When these properties are developed by the Tribe, the Tribe is not obligated to receive City land use or building code approval as part of project development. However, the properties do require City services, such as utilities and connections to City infrastructure, and police and fire service.
The purpose and intent of the MOU is to ensure that the Tribe has the same rights and obligations as other residents and property owners within the city, with the understanding that the Tribe is a sovereign nation and exempt from many local, state and federal laws.
The MOU establishes guidelines and a framework for future property-specific agreements that will facilitate City services to the Trust land, in exchange for payments that are equivalent to the property taxes that would have been assessed on the property and, to the extent that the property has a utility account or accounts, payment of the City’s operations fee. Development that occurs on the Trust land, while not subject to the City’s land use regulations or permitting requirements, will be required to pay SDCs and construct public improvements to mitigate impacts from the development on the same basis as other developments within the city.
The Tribe may obtain other City services on the same basis and cost as other residents or businesses.
BACKGROUND:
The City and Tribe have previously executed an Intergovernmental Agreement for the provision of City services to the Tribe’s Trust land located at 3390 Blossom Drive, NE, that the Tribe has developed as affordable housing. The Tribe indicated it currently only has one other Trust property within the city, a 20-acre property located at 4751 Astoria Street, NE.
The City of Salem and the Siletz Tribe also executed an MOU in 2021 which was established to facilitate communication and cooperation between the Tribe and the City of Salem to reach resolution on issues of mutual interest.”
Dan Atchison
City Attorney
Attachments:
Proposed Memorandum of Understanding between the Siletz Tribe and the City of Salem.