Port of Everett Rail / Barge Transfer Facility: Permitting in Tribal Treaty Right Areas, Lessons Learned

The Port of Everett, Washington, undertook to design, permit, and construct a significant new eight hundred foot marine facility in support of major new aerospace industrial activities in the central Puget Sound region. The substantial role of federally recognized Treaty Tribes in the regulatory process for the project provided a unique lesson into Tribal Treaty Rights issues and federal permitting for marine-related activities in Indian country. The Tribal Governments in Puget Sound are fully mature governments with whom mutually respectful government-to-government relationships from a port and local government perspective are essential. Resolution of the Tribal issues in the regulatory processes for the facility required a sophisticated policy process involving the Port staff and technical consultants, Port commissioners, Tribal leaders, strong state leadership, and community support.