The City of Seattle, City Light Department and Nlaka’pamux Nation

hello this is the voice of Dr Rosa miles and my anic name is MJ um and I would like to share right now the administrative memorandum of agreement between the city of Seattle City Light department and the anic nation providing for administrative details in the implementation of the traditional cultural properties steud portion of the scet River Project settlement agreement concerning traditional cultural properties the administrative memorandum of agreement Mo MOA is made and entered into by and between the city of Seattle by and through its City Light department the city and the isamic nation the nation the city and the nation are here and after referred to jointly in this agreement as the parties right by the Shadow getting late at night so it's the lights are causing this cell phone Shadow but hopefully you can read it okay recital whereas the city owns and operates the gadget River Hydro electric project per number 553 the scet project or the project pursuant to a license issued by the Federal Energy Regulatory Commission FK on May 16th 1995 is two whereas the nation is an abinal tribe whose traditional territory includes portions of the sceduled River Project and who are concerned and directly impacted by the effects of the project on the properties of traditional cultural importance sorry that was my dog outside whereas the city and the nation are parties of the gadget River hydroelectrical project for number 553 the traditional cultural property settlement agreement the TCP agreement which was executed and submitted to FK on July 1993 and which is incorporated into the new license and whereas pursuant to the TCP agreements the shall fund the completion by the nation of an inventory of traditional cultural properties in the project area in the United States including a complete analysis under the National Historic preservation Act and the potential mitigation measures in and near the gadged project area and whereas pursuant to 36 CFR part 800 regulations implementing section 106 of the National Historic preservation act the city and the nation are among the parties to one of the two scet project cultural resources memorandum of agreement the cultural resource moas executed in February 1994 and incorporated into the scet river license and whereas the TCP agreement contemp contemplates a member on agreement Mo MOA that defines the scope of work and implements the administrative details of the TCP agreement now therefore the parties agree as follows agreement section one project description the nation shall work with the city to conduct a TCP study of the gadget project area the TCP study shall be undertaken pursuant to the scope of work outlined in exhibit a of this Mo MOA the TCP study is intended to inventory evaluate and determine the effect of the scheduled project operations on the traditional cultural properties in the project area located within the United States the study will also develop mitigation measures in and near the project area including an analysis of the cost if any section two funding and coordination a funding the TCP agreement requires the city to fund cultural activities and inventory of the nation's traditional cultural properties of the gadget project area located within the United States the mount specific in the TCP agreement constitute the city's entire monetary obligation to the nation for mitigation of project impacts two traditional cultural properties TCP agreement section 2.11 all funding amounts are defined as 1990 United States dollars TCP agreement section 2.5.1 payment for the TCP $100,000 covered by this Mo MOA will be made to the nation in response to the study invoices and progress reports for work completed that the nation submits to the city payment of the mount Dee will be made within 30 days of the city receiving each invoice B inflation adjustment payments as part of this Mo MOA shall be adjusted for inflation as provided by section 2.5.1 of the TCP agreement this will be accomplished as follows payment to the nation will be adjusted based on actual inflation adjustment shall be made using the revised consumer price index cpi-u for all Urban consumers as published by the United States Department of Labor for the Seattle metropolitan area the indices in used shall be those published for the last half of 1990 and for subsequent years the last half of the calendar year proceeding that in which a payment or expenditures is to be made this index for the last half of a given year is published in February of the following year thus the city will use the 199 index and the indic indices for the years preceding the year of the payments for actual inflation through the preceding year in addition by the end of the first quarter of the Year following the year of the payments the city will provide the nation with a make hole payment to cover inflation during the year payment was due the city will use index for the second half of the year of the previous year to calculate the amount the amount of the whole make whole pay exhibit B inflation calculation provides an example of the method used to calculate in inflation adjustments C coordination pering to section three of the Moa the nation agrees to keep the city fully informed of the project status and expenditures of the city funds until the TCP study has been completed and City funds expended these documentation and Reporting requirements are described in more detail in exhibit a section 3D the nation shall make every effort to meet the approximately 18-month tcpa schedule outlined in the scope of work exhibit a section 4 e however the part is acknowledged that despite best efforts delays might occur due to circumstances such as but not limited to either unavailability or adverse whether any rescheduling extension or other modification of the TCP study or other work covered by this agreement must be written agreement between the parties the city and the nation shall each assign an authorized representative who will provide leison services and work cooperatively with the other party to ensure timely and satisfactory completion of the work section three documentation reporting requirements ments documentation and Reporting requirements of the TCP study are outlined in the scope of work presented as exhibit a of the Moa the nation shall also submit brief quarterly progress reports to the city as described in exhibit a section 4 F and Exhibit C upon completion of the TCP study the nation shall furnish to the city a final written TCP study report as well as a summary memorandum documenting the task completed and expenditure of funds the completion memorandum and related materials will be used by the city to document its compliance with FK license requirements section four relationship to T the T to the TCP agreements this Mo MOA has been executed pursu to and is to be used in conjunction with the TCP agreements to the event of any inconsistency between the provisions of such agreements and the mo in this MOA the provisions of the TCB agreement shall Prevail section five term of the membran agreement the Moa shall become effective upon the signing of this agreement and shall remain in fact for the term of the existing F license which includes the terms of any annual licenses that may be issued after the existing license has expired schedule four notices and deliverable materials all notices and other material to be delivered shall be in writing and shall be delivered or mailed to the following individuals and addresses so if to the city director of environmental Affairs Division if to the nation Bob Pasco tribal chairperson and the address for Seattle City Light and the address for inic nation amendments no modification or Amendment of the provisions of the Moa shall be effective unless in writing and signed by an authorized representative of the city and by authorized repes representation of the nation the parties expressly reserve the right to modify this MOA from time to time by mutual agreement execution of counterparts the Moa may be executed simultaneously in several counterparts Each of which shall be in the original and all of which shall be shall constitute but one instrument in witness whereof the parties should to have set their hands as of the day and year here and after written [Applause] and then we have the signature here of Bob Pascal and he's signing for all the int comp naations for 15 however he's actually with nntc int comp Nation Tribal Council so um this was on March 3rd 2010 and as we know um there's there's quite a few changes with the membership of nntc city of Seattle um city of Seattle City Light Department um was also signed Clos in 2010 exhibit a scope of work CF saddle schet hydroelectric project the inic nation traditional cultural property study the study will be undertaken pursuing to the National Historic preservation act nhpa archaeological resources protection act American Indian realization Freedom Act and the Native American Graves protection and repatriation act the study will Implement stipulations 2 and three of the United States parties cultur resources memorandum agreement executed in February 1994 the study will use the guidelines of the national register bulletin number 38 guidelines for evaluation and documenting traditional cultural properties TCP exhibit A1 and other procedures as appropriate to specific sites and tribal values purpose of the study the purpose of the TCP study is to comply with above stated laws to meet the terms of the TCP agreement and and to implement the February 1994 cultural resources MOA pursuant to the projects FK license issued May 16th 1995 in addition to providing an inventory of ntional cultural properties in that project vicinity the study shall determine project impacts analyze potential mitigation measures including cost if any goals of the study goals of the TCP study include identify the range of types of tcps and the geographic locations within the gadget project area within the United States evaluate the identified tcps with a scheduled River area within the United States against National register of historic places criteria and views of the nation regarding integrity and significance C determine the effect of continuing scheduled project operations and identify traditional cultural properties within the United States and develop measures to mitigate unavoidable adverse impacts two tcps or sorry impacts must be typo one Zer tcps within this gadget project area within the United States traditional cultural property study goals of the TCP study will be met through an integrated program of archive archival review informant interviews field visits with tribal Elders or other informants and preparation of a final report appropriate for public dissemination with an appendix containing confidental information the study will be conducted under the direct supervision and control of the nation which shall be directly responsible for the hiring of Consultants staff the nation Shall Serve as the study's prime contractor the nation shall use the inventory of Native American religious use practices localities and resources Mount Baker snow calling NA national for Forest 1981 as a model for the study the parties will consult with the National Park Service in the in the further development of the scope of work TCP agreement section 3.21 and where Federal lands are involved coordinate State visits and mitigation planning and the appropriate federal land managers because the city along with the NPS is legally responsible for compliance with Federal historic preservation laws as a condition of the scheduled Project's new for license the party shall work together to select the principal investigator the study should include the following components inventory archival review an archival and liter review will be undertaken by the nation to identify the types and Geographic locations of traditional cultural properties expected to occur within the project area in the United States the nation will consult with the city and seek its advice during this review process upon its completion the nation will furnish the city with a preliminary inventory of traditional cultural properties information interviews the principal investigator shall conduct interviews with nation Elders or other members familiar with the project area if the principal investigator is not a member of of the nation then the nation shall designate an authorized representative to work with the provin principal investigator to conduct or coordinate interviews directed towards the identification of cultural Geographic locations in the scadu project area and toward determining the significance of the TCP from the Viewpoint of members of the nation prior to conducting such interviews to the nation and or nation's contractors will consult with and seek the advice of the city concerning potential interview questions the interviews may be taped and transcribed so long as the consent of the first obtained from the nation's Council the tapes and transcript transcriptions will remain the property of the nation H interesting field visits field visits will be undertaken to clarify Geographic locations to complete questionnaires to take photograph s and map the tcps if access to these places is considered appropriate by Nation Elders field visits will be coordinated with The NPS and the city dialogues between the interviews and tribal informants may be taped and transcribed so long as consent is first obtained from the nation's Council evaluation tcps will be evaluated based upon their eligibility to the National register of historic places Andor their significance to the nation the nation's definitions of integrity and significance will be determined through through discussion with Elders members and tribal councils and incorporate with NR nrhp criteria the nation will consult with the city and seek its advis during the evaluation process upon its completion the nation will furnish the city with a list of traditional cultural properties eligible for the national register of historic places medication the nation will develop the list of any tcps eligible for the national reg of historic places that are adversely affected by the project mitigation meas measures will be developed for such tcps the list of properties and suggested mitigation measures for those properties will be furnished to the city upon completion the nation will consult with the city and seek its advice during the development of the properties list and the suggest mitigation measures The NPS will be consulted during the development of mitigation measures except mitigation measures on nonfederal land It's Getting Thinner we're almost there report preparation report format two reports will be prepared one will be suitable for public dissemination to researchers agencies and libraries and the second report will be confidential available only to the nation the city the National Park Service and the fir the first will present the results of the study in general manner with have no precise site locations the second confidential report will consist of the general document with appendices which will document exact locations and other information the nation may consider confidential to the extent necessary to document eligible properties provided that no documentation shall occur which interferes with rather than protects the use and status of traditional cultural properties the nation will consult with the city and seek its advice during the development of the subject report the final report will be submitted to the city and draft form for review draft form is a complete manuscript that would require only minor editorial changes the city will review and provide comments in 30 days as the schedule States the nation shall provide the city written notification of changes they believe should not be incorporate into the report within 30 days after receiving the city's comments the nation or its consultant will complete two sets of final reports a confidential report and a report suitable for public dissemination I wonder where that report is three copies of the confidential report will be produced by the nation these three copies of the final confidential report will be provided to the city which will submit one copy each to the firk and to the National Park Service provided that the confidential content to the reports or other confidential information will only be disclosed on a strict need to know basis and reports will be prepared and edited accordingly the confidential report will contain where appropriate the questionnaires maps of geographic locations of eligible traditional cultural properties and National register of historic places forms for nrhp eligible properties and other supporting material the nation fills is too sensitive for the public but it's necessary to support the eligibility of properties for which listing is sought the nation will produce four copies of the second report which shall be suitable for public dissemination for example libraries the copies of the report will be provided to the city the at at ion will provide an additional copy of the report and copies of the I think it should be probably be Nation add on and copies of the national register of historic places properties forms to the city for submitt to the Washington State Office of archaeology and historic preservation report content to the extent in the opinion of the nation it is consistent with full protection of confidential information the report shall include but not be limited to a abstract the abstract will state the most significant findings of the study and will be synops will be a synopsis of the work performed and the results of the study methodology a description of assumption methods and techniques utilized in a study a description of any constraints or obstacles in achieving the goals of the study and if there were any problems encountered results an inventory and evaluation the archival interview data site visits narratives consult a writeups and comments on the accomplishments of the study in light of previous knowledge evaluation of the tcps against National register of the historic places and tribal significance criteria and mitigation measures for nrhp properties a bibliography listing of all pertinent literature and documents examine using the American Antiquity style guide format a table of traditional cultural properties and their eligibility to the National register of the historic places Alys of individuals in organization contact including as an appendix consultation confirmation a written record of all meetings with elders and site visits with Elders or other informants This Record will include but not be limited place in date person's consult it summary of topics discussed and conclusions reached based on the meeting report appendices confidential each interview will be written up and completed questionnaire as attached as an appendix the interviews and completed questioners will remain confidential unless in the opinion of the nation such action will not jeopardize the full protection of the confidential information these documents will only be provided to the nation the city the National Park Service and the firk as part of the final confidential report confidential contents reports or other confidential information will only be disclosed on a strict need to no basis and reports will be prepared and addited accordingly this confidential information need only be provided to the extent necessary to support the listing of alible properties in the National register of historic places and only when such listing sought by the nation administrative conditions principal investigator working in coordination with the nation the principal investigator for the TCP study shall be responsible for conducting and coordinating the study and will directly supervise the project to ensure timely completion adherence to the statement of work and maintenance of equality the principal investigator shall be professional qualified anthro and ethnologist or other suitable researcher familiar with national register bulletin 38 guidelines for Ev valuing documenting traditional cultural properties exhibit A1 and with indigenous people in the Pacific Northwest the party shall work together to select the principal invest Ator the nation so nation's authorized representative the nation shall designate authorized representatives to work with the principal investigator to to conduct or to coordinate informant interviews preference pref preference shall be given to qualified members of the nation respected by the tribal informs and with some prior experience training or interest in cultural heritage and or history programs the nation's Representatives will work through the nation to keep the city representative prize of any delays or difficulties which may delay completion of any of the tasks by the established dates city representative the city will assign an authorized representative who will provide all the A on services and forward necessary documents to the nation the city's representative will seek timely progress and completion of the work review prior to the beginning of the TCP study the nation shall provide the city a breakdown of planned tasks and cost per task the name of the designated principal investigator for the project the name of the designate Nation representative a list of names and credentials of the interviewers proposed and list of Any Nation members who will staff the project and their roles informant fees and expenses will be paid to all Native informants the nation will consult with the city to ensure that contracts comply with applicable city state and federal contract and cultural resources protection laws the schedule so there's 150 days here the schedule the plan duration of the TCP study is approximately 18 months with significant projects events schedules is set forth below task deliverable to Seattle SE lights from Nation to City consistent with full protection ction of confidential information on a need to not basis unless otherwise noted one begin contract no later than October 1st 1996 furnish lists of references and rep repositories to be accessed for archival furnish inventory properties based on completion of arival review furnish dat questionnaire comments St from the city and that's the last pagei of the document that was provided except for the finan finials so it's interesting in the financial um spreadsheet that was with this there was actually 1 2 3 4 5 6 7 8 9 10 11 12 13 14 tabs in the file in the file there was a in account cultural activity support um so the total settlement amount is 600,000 hang on there we go and then there's an amount there for 500,000 for cultural activity support and then TCP in inventory was 100,000 and then there was other list cumulative expend through 20 to 2020 was 4 489,000 [Music] 281 and the second amount is 95,200 I'm not um certain uh financially what occurred um just these totals alone together um with the 600 50000 and these two amounts comes to 1, $785,000 I'm not too sure in our research online we weren't able to find a report for the um people were calling it The Seattle City Lights it's called the city of Seattle City Light Department the challenge is with these agreements is accessibility to reporting um Financial Accounting um and really just letting us know what's happening with the project so some of the elders had brought up the city of Seattle City Light Department project and here it is however there's a lot of unknown information