Shelter Bay proposes ‘elements’ to Tribe for new master lease

The agreement crafted in the late 1960s paving the way for development of the Shelter Bay residential community on Swinomish Reservation was hailed then as an innovative approach to land leasing.

Innovation again appears to be a key factor as the Shelter Bay board of directors and Swinomish Indian Tribal Community officials negotiate terms of a new master lease for 2044, when the current one expires.

On Nov. 13 the board forwarded to the Swinomish Tribal Senate “a new and different” master lease proposal than has been discussed in the past, according to Shelter Bay Manager David Franklin and Dr. Wil James, a Swinomish Tribal Community member who has worked as a liaison between the board and the tribe.

In an official communication entitled “Moving Forward Together,” the board has spelled out three main elements upon which a new long-term lease could be based. Those are:

1. Shelter Bay homeowners will continue to pay a lease rental as done now, until the property is sold or transferred, or the present lease expires, whichever comes first.

2. Any transferee or purchaser after the effective date of the new agreement would be subject to new higher lease payments; and,

3. In perhaps the most innovative of the three elements, Shelter Bay and the Swinomish Tribal Community would establish a joint “Indian Bay Community Service & Cultural Foundation,” which would provide assistance to Swinomish for continued cultural priorities, among them the annual Canoe Journey, naming ceremonies, community celebrations and addressing tribal housing issues.

Shelter Bay and Swinomish would each provide funding support for the foundation, to be administered by a board composed of members of both communities.

Under the “Moving Forward Together” proposal, initial foundation monies would be provided by all Shelter Bay lessees contributing an amount equal to 0.5% of the assessed value of their land and Swinomish providing 25 per cent of its tribal trust rental income.

In addition, all sales of leased property after the effective date of the new lease would contribute one per cent of the sales price to the foundation.

“We do not yet know how the tribe will respond,” said Shelter Bay Board President Tom Napier, who signed the written proposal, “but we are hopeful that they will join us in building a bright future for our communities and the people they represent.”

James, for one, is optimistic.

“It’s very exciting,” he said. “Everyone is working to get things moving in the right direction.”

While the lease negotiations represent a long-range outlook, Shelter Bay remains focused on immediate concerns as well, especially given hardships posed by the COVID-19 emergency.

Shelter Bay, said Franklin, is emphasizing the need to shop local during the pandemic.

“The Shelter Bay Community Board,” he told the Weekly News, “is making a concerted effort to support the businesses in the Town of La Conner during these tough times.

“We will be doing outreach to encourage Shelter Bay members to support the businesses across the channel as much as possible,” he added, “and especially until we all turn a corner on the pandemic.”

Franklin also confirmed that Shelter Bay and Swinomish have exchanged letters of intent regarding use of an index format for the pending 2023

Shelter Bay Rent Adjustment mandated every 10 years under the master lease.

“The BIA (Bureau of Indian Affairs) and all of the individual allottee families with holdings in Shelter Bay will also have to concur before the final agreement can be assured,” he said.