YAKIMA — A controversial proposal by the Yakama Nation to unravel the state’s civil and criminal jurisdiction over its people has garnered the support of two reservation towns — Wapato and Toppenish.

Wapato has already written a letter of support to state lawmakers, and Toppenish plans to do the same.

Last Monday, the Toppenish City Council unanimously approved supporting the effort after hearing a presentation by Tribal Council Chairman Harry Smiskin and George Colby, one of the tribe’s attorneys.

Smiskin said he was pleased that the City Council made the decision so quickly.

At issue is a 1953 federal act known as Public Law 280, which allowed states nationwide to assume jurisdiction over tribal members in key arenas ranging from school attendance and juvenile delinquency to adoption proceedings.

Prior to the federal law, tribes shared jurisdiction over members with the federal government.

But in 1968, Congress amended the law to include a so-called “retrocession” provision to return some or all jurisdiction over American Indians to the federal government, and essentially, the tribes.

Before that can happen, the governor would have to agree with the request and forward it to the U.S. Department of Interior, which has final say.

The Yakamas have been working with state Rep. John McCoy, R-Tulalip, also a Tulalip tribal member, on House Bill 2233, which would make it easier for tribes to regain criminal and civil authority in eight keys areas: School attendance, public assistance, domestic relations, mental illness, juvenile delinquency, adoption proceedings, dependent children and operations of motor vehicles on pubic streets and roadways.

A previous bill on the matter last year went nowhere. But this year’s version has made it through the State Government & Tribal Affairs Committee and is now headed for the Rules Committee.

A companion bill in the Senate recently had a public hearing in the Government Operations, Tribal Relations & Elections Committee.

Rep. David Taylor, R-Moxee, is critical of retrocession and wants to assure that such a move won’t hinder the safety of anyone living on the reservation, tribal members and nonmembers alike.

He said amendments were rejected that would have protected the state from lawsuits if someone is harmed after civil cases involving mental heath, child welfare, and substance abuse are turned over to the tribe.

The amendments also included a requirement that tribal police officers meet the same standards as city, county and state officers.

“It comes back down to protect public health and safety,” Taylor said. “In this case we’ve got a proposal that protects only certain citizens. I think we need to balance that.”

Meanwhile, Smiskin and Colby have been making presentations to local cities and the Yakima County Commission.

Colby said it’s important for people to understand that the bill only grants the tribe authority over its own members on reservations. And the ultimate decision doesn’t rest with the state, but the federal government, he said.

“It’s a two-step process, the state government is just a starting point,” he said, noting that Gov. Chris Gregoire would have to pass the tribe’s request to the federal government. “But of course if the governor doesn’t send back a request, then we’re stuck. That’s why this bill is so important.” Toppenish City Manager Bill Murphy hopes the support from cities will help.

“Whether that will bear much weight, I don’t know as far as I can see,” he said. “But I think it’s politically important for the City Council to show some support.”

Smiskin is still discussing the matter with Yakima County commissioners.

“We’re hoping that Yakima County will come across just as positive as the municipalities did,” he said.

County commissioners have yet to take a position on the matter.

Toppenish’s support could be the beginning of a new working relationship between the often opposing governments, said City Councilman Darold Ortloff, also a Yakama tribal member.

For example, for decades, the city operated municipal wells without seeking a water-use permit from the tribe before finally acknowledging in 2005 the tribe’s authority over groundwater on the reservation.

A local group — Citizens Standup Committee — even formed in Toppenish to combat the tribe’s alcohol ban and sued — unsuccessfully — the tribe over a fee it assessed on utilities because their equipment crossed tribal lands.

“We’ve tried for years, the Yakama Nation and the city, to work together and I think this takes us forward in working together,” Ortloff said. “We all live here and we can’t go forward if we can’t come together.”

Fellow Councilman Loren Belton agrees, saying it’s more important than ever for governments to work together as an ailing economy is forcing everyone to do more with less.

Currently, tribal and city police back each other up, but retrocession could lead to cross-deputizing, Belton said.

The Yakama Nation often has more opportunities than the city in seeking federal grants that could result in projects that could benefit both governments, he said.

“We are neighbors and we have to work together,” he said. “I don’t feel that it’s any different than working and supporting the community down the road,” he said.

Wapato supports retrocession “because we think it’s the right thing to do,” said Mayor Jesse Farias. “We think they ought to have control of their own destiny.”

The tribe already has the services in place to take the civil and criminal jurisdiction over its members, Smiskin said.

The tribe has operated its own police department and jail since the 1970s, has a misdemeanor court, a children’s court, substance abuse program and recently embarked on its own auto licensing program.

“Everything that a state government does, the Yakama Nation provides to its members for the exception of mental heath services,” he said. “We still rely on the state for that.”