The USACE updated its Dept of the Army Regional General Permit RPG-6; Structures in Inland Marine Waters of Washington State effective 20 April 2017; link:

http://www.nws.usace.army.mil/Portals/27...85425-%20%20550

In that regulation one of the stipulations regarding issuance of a project permit is:

"10. Tribal Rights. No activity authorized by this RGP may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights."

On the one hand that language would seem to preclude issuance of a permit for a project which would impair reserved treaty rights at any level and without any latitude by either tribes or permit applicants. Or does it really mean that once a project permit is issued the subsequent project cannot impair said rights which would leave the approval process open to objection by tribal interests even if de minimis as with the PNP project.

So how is it that the Corps fails to take action on the PNP permit and continues to tell the parties to work out their differences? Are they saying that reserved treaty rights are really negotiable and can be waived by tribal interests if the permit applicant is willing to pay off the tribes? If so, the Corps is facilitating extortion. Want a permit? Pay up front for prospective damages even if there is no reasonable expectation of actual damage.