DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 334]
51 FR 32237
September 10, 1986
Resolution and Order Approving the Application of the Lummi Indian Business
Council for a Foreign-Trade Zone on the Lummi Indian Reservation, Whatcom
County, WA
TEXT: Proceedings of the Foreign-Trade Zones Board, Washington, DC.
Resolution and Order
Pursuant to the authority granted in the Foreign-Trade Zones Act of June
18, 1934, as amended (19 USC 81a-81u), the Foreign-Trade Zones Board has
adopted the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the Lummi Indian Business
Council, the governing body of the Lummi Indian Tribe, filed with the
Foreign-Trade Zones Board (the Board) on May 10, 1985, requesting a grant
of authority for establishing, operating, and maintaining a general-purpose
foreign-trade zone on the Lummi Indian Reservation in Whatcom County,
Washington, adjacent to the Bellingham Customs port of entry, the Board,
finding that the requirements of the Foreign-Trade Zones Act, as amended,
and the Board's regulations are satisfied, and that the proposal is in the
public interest, approves the application.
As the proposal involves open space on which buildings may be constructed
by parties other than the grantee, this approval includes authority to the
grantee to permit the erection of such buildings, pursuant to Section
400.815 of the Board's regulations, as are necessary to carry out the zone
proposal, providing that prior to its granting such permission it shall
have the concurrences of the local District Director of Customs, the U.S.
Army District Engineer, when appropriate, and the Board's Executive
Secretary. Further, the grantee shall notify the Board's Executive Secretary
for approval prior to the commencement of any manufacturing operation
within the zone. The Secretary of Commerce, as Chairman and Executive
Officer of the Board, is hereby authorized to issue a grant of authority
and appropriate Board Order.
Grant; To Establish, Operate, and Maintain a Foreign-Trade Zone on the
Summi Indian Reservation in Whatcom County, Washington
Whereas, by an Act of Congress approved June 18, 1934, an Act "To
provide for the establishment, operation, and maintenance of foreign-trade
zones in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes," as amended (19 USC 81a-81u) (the
Act), the Foreign-Trade Zones Board (the Board) is authorized and empowered
to grant to corporations the privilege of establishing, operating, and
maintaining foreign-trade zones in or adjacent to ports of entry under the
jurisdiction of the United States;
Whereas, the Lummi Indian business Council (the Grantee), the governing
body of the Lummi Indian Tribe, has made application (filed May 10, 1985,
Docket No. 9-85, 50 FR 20817) in due and proper form to the Board,
requesting the establishment, operation, and maintenance of a foreign-trade
zone on the Lummi Indian Reservation in Whatcom County, Washington, adjacent
to the Bellingham Customs port of entry;
Whereas, notice of said application has been given and published, and
full opportunity has been afforded all interested parties to be heard; and,
Whereas, the board has found that the requirements of the Act and the
Board's regulations (15 CFR Part 400) are satisfied;
Now, therefore, the Board hereby grants to the Grantee the privilege of
establishing, operating, and maintaining a foreign-trade zone, designated
on the records of the Board as Zone No. 128 at the location mentioned above
and more particularly described on the maps and drawings accompanying the
application in Exhibits IX and X, subject to the provisions, conditions,
and restrictions of the Act and the regulations issued thereunder, to the
same extent as though the same were fully set forth herein, and also to the
following express conditions and limitations:
Operation of the foreign-trade zone shall be commenced by the Grantee
within a reasonable time from the date of issuance of the grant, and prior
thereto the Grantee shall obtain all necessary permits from Federal, State,
and municipal authorities.
The Grantee shall allow officers and employees of the United States free
and unrestricted access to and throughout the foreign-trade zone site in
the performance of their official duties.
The Grantee shall notify the Executive Secretary of the Board for
approval prior to the commencement of any manufacturing operations within
the zone.
The grant shall not be construed to relieve the Grantee from liability
for injury or damage to the person or property of others occasioned by the
construction, operation, or maintenance of said zone, and in no event shall
the United States be liable therefor.
The grant is further subject to settlement locally by the District
Director of Customs and the Army District Engineer with the Grantee
regarding compliance with their respective requirements for the protection
of the revenue of the United States and the installation of suitable
facilities.
In witness whereof, the Foreign-Trade Zones Board has caused its name
to be signed and its seal to be affixed hereto by its Chairman and Executive
Officer at Washington, D.C., this 4th day of September 1986, pursuant to
Order of the Board.
Foreign-Trade Zones Board.
Malcolm Baldridge,
Chairman and Executive Officer.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 86-20389 Filed 9-9-86; 8:45 am]
BILLING CODE 3510-DS-M