Port, Lower Elwha approve agreement

Land exchange contains three stormwater ponds for infrastructure

PORT ANGELES — The Port of Port Angeles and the Lower Elwha Klallam Tribe achieved what they described as a milestone in their relationship when they approved a memorandum of agreement allowing the exchange of property on the Port Angeles Harbor waterfront.

The joint special meeting took place Thursday at the Lower Elwha Klallam Tribal Justic Center.

Under the agreement, the port will exchange 6.1 acres near Terminal 7 at the Intermodal Handling and Transfer Facility for 0.8 acres belonging to the Lower Elwha Klallam Tribe that contains three stormwater ponds critical to the port’s ongoing improvements at the site.

Two public hearings on the proposed property exchange were held. Port commissioners unanimously approved a resolution on Tuesday surplussing the 6.1 acres and amending its comprehensive plan for harbor improvements to remove that property and add the 0.8 acres acquired in the exchange with the tribe.

The two sides have been seeking a resolution off and on since at least 2011.

It has not been an easy path. At points along the way, individuals on one side or the other didn’t want to continue, but they persevered.

“I’m very proud to be sitting here. It took a long time to get to this table,” tribal council member Russ Hepfer said. “I want to thank the port for their patience and understanding. We kept coming back to the table and it worked.”

Tribal Chairwoman Frances Charles said the sensitive nature of the site lent itself to protracted discussions. One part of the property is no more or less important than any other, she said.

“It’s all significant to the tribe,” Charles said.

The log yard property lies on top of Tse-whit-zen, an important ancestral Klallam village occupied for more than 2,700 years that was uncovered during a 2003 state Department of Transportation graving dock project for the repair of the Hood Canal Bridge. Cultural artifacts as well as human remains were found during excavations. The project was abandoned in December 2004.

In 2022, the port received $8.6 million in U.S Department of Transportation Maritime Administration funding to make improvements to the log yard and cofferdam. MARAD projects must comply with National Historic Preservation Act policies, under which the log yard improvement project falls because of Tse-whit-zen.

MARAD, in consultation with the state Historic Preservation Office and the tribe, determined construction could have a negative impact on the site. The agreement they reached, the port and the tribe said, balance the cultural significance of the site and the overall benefits of improvements that include connecting the stormwater ponds constructed as part of the WSDOT project to new infrastructure at a future date that will help manage stormwater.

The MOA outlines steps the port must take to mitigate any adverse effects its actions might have. Among them are retaining professional archaeologists and cultural resource staff from the tribe to monitor ground-disturbing activities for possible damage to cultural resources, implementing protocols for the discovery of artifacts or human remains and a commitment from the port that the stormwater infrastructure also will protect adjacent burial sites.

The tribe is still in the process of determining how it will proceed with the property it received from the port, Charles said.

“What have to plan what next steps we’ll take, spiritually, culturally, ceremonially,” she said.

The tribe will next bring a formal resolution to its council to approve the MOA, after which it will be sent to MARAD and the state Historic Preservation Office for their signatures.

“This process has had its ups and downs,” port commissioner Connie Beauvais said. “I have really appreciated the opportunity to learn about your culture and your history. This is a very important step today.”

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Reporter Paula Hunt can be reached by email at paula.hunt@peninsuladailynews.com.

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