From the State of Washington’s end, the legality of the contract depended on the State’s Interlocal Cooperation Act, chapter 39.34 RCW which allows Washington State to enter into agreements with Tribes that are recognized by the Federal Government. As such, this is a government to government contract agreement rather than a typical business contract that the administration would otherwise have the latitude to sign on behalf of Tribal Council if it was under a certain financial amount.
Like the legal issues that the State of Washington must adhere to when entering into a state to state agreement, the Shoalwater Bay Tribe has Constitutional mandates that can limit even Tribal Council’s latitude when entering into contractual agreements with Washington State. In this instance, only General Council was given the power to enter into contracts like that signed by Jesse Smith and approved by Mike Rogers.
Shoalwater Bay Heritage 