AN
ACT Relating to salmon recovery funding; amending RCW 75.46.005, 75.46.010,
75.46.040, 75.46.050, 75.46.060, 75.46.070, 75.46.100, 75.46.080, and
76.12.110; amending 1999 c 309 s 114 (uncodified); amending 1999 c 309 s 129
(uncodified); amending 1999 c 309 s 304 (uncodified); adding new sections to
chapter 75.46 RCW; adding a new section to Title 79A RCW; creating a new
section; repealing RCW 75.46.130; making appropriations; providing an effective
date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
75.46.005 and 1998 c 246 s 1 are each amended to read as follows:
The
legislature finds that repeated attempts to improve salmonid fish runs
throughout the state of Washington have failed to avert listings of salmon and
steelhead runs as threatened or endangered under the federal endangered species
act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport,
commercial, and tribal fishing industries as well as the economic well-being
and vitality of vast areas of the state. It is the intent of the legislature
to begin activities required for the recovery of salmon stocks as soon as
possible, although the legislature understands that successful recovery efforts
may not be realized for many years because of the life cycle of salmon and the
complex array of natural and human-caused problems they face.
The
legislature finds that it is in the interest of the citizens of the state of
Washington for the state to retain primary responsibility for managing the
natural resources of the state, rather than abdicate those responsibilities to
the federal government, and that the state may best accomplish this
objective by integrating local and regional recovery activities into a
state-wide plan that can make the most effective use of provisions of federal
laws allowing for a state lead in salmon recovery. The legislature also finds
that a state-wide salmon recovery plan must be developed and implemented
through an active public involvement process in order to ensure public
participation in, and support for, salmon recovery. The legislature also
finds that there is a substantial link between the provisions of the federal
endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et
seq.). The legislature further finds that habitat restoration is a vital
component of salmon recovery efforts. Therefore, it is the intent of the
legislature to specifically address salmon habitat restoration in a coordinated
manner and to develop a structure that allows for the coordinated delivery of
federal, state, and local assistance to communities for habitat projects that will
assist in the recovery and enhancement of salmon stocks.
The
legislature also finds that credible scientific review and oversight is
essential for any salmon recovery effort to be successful.
The
legislature further finds that it is important to monitor the overall health of
the salmon resource to determine if recovery efforts are providing expected
returns. It is important to monitor salmon habitat projects and salmon
recovery activities to determine their effectiveness in order to secure federal
acceptance of the state's approach to salmon recovery. Adaptive management
cannot exist without monitoring. For these reasons, the legislature believes
that a coordinated and integrated monitoring process should be developed.
The
legislature therefore finds that a coordinated framework for responding to the
salmon crisis is needed immediately. To that end, the salmon recovery office
should be created within the governor's office to provide overall coordination
of the state's response; an independent science ((team)) panel is
needed to provide scientific review and oversight; a coordinated state
funding process should be established through a salmon recovery funding board;
the appropriate local or tribal government should provide local leadership in
identifying and sequencing habitat ((restoration)) projects to be funded
by state agencies; habitat ((restoration)) projects should be
implemented without delay; and a strong locally based effort to restore salmon
habitat should be established by providing a framework to allow citizen
volunteers to work effectively.
Sec.
2. RCW
75.46.010 and 1998 c 246 s 2 are each amended to read as follows:
The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Adaptive management" means reliance on scientific methods to test
the results of actions taken so that the management and related policy can be
changed promptly and appropriately.
(2)
"Board" means the salmon recovery funding board created in section
3 of this act.
(3)
"Critical pathways methodology" means a project scheduling and
management process for examining interactions between habitat projects and
salmonid species, prioritizing habitat projects, and assuring positive benefits
from habitat projects.
(((3)))
(4) "Habitat project list" is the list of habitat
projects resulting from the critical pathways methodology under RCW
75.46.070(2) that shall receive consideration for funding by the salmon
recovery funding board. Each project on the list must have a written
agreement from the landowner on whose land the project will be implemented,
and must be based on the limiting factors analysis conducted in RCW 75.46.070
when completed.
(5)
"Habitat projects" or "projects" include but
are not limited to habitat restoration projects, habitat protection
projects, habitat projects that improve water quality, habitat projects that
protect water quality, habitat-related mitigation projects, and habitat project
corrective maintenance and monitoring activities. Projects that
include the use of side channels, off-stream rearing enhancement, improvement
in overwintering habitat, or use of acclimation ponds shall receive
consideration for funding.
(((4)))
(6) "Habitat work schedule" means those projects from the
habitat project list that will be implemented during the current funding
cycle. The schedule shall also include a list of the entities and individuals
implementing projects, the start date, duration, estimated date of completion,
estimated cost, and funding sources for the projects.
(((5)))
(7) "Limiting factors" means conditions that limit the ability
of habitat to fully sustain populations of salmon. ((These factors are
primarily fish passage barriers and degraded estuarine areas, riparian
corridors, stream channels, and wetlands.
(6))) (8)
"Listed stocks" means salmon and trout stocks that are listed or
proposed for listing as threatened or endangered under the federal endangered
species act, 16 U.S.C. Sec. 1531 et seq.
(9)
"Project sponsor" is a county, city, special district, tribal
government, state agency, a combination of such governments through
interlocal or interagency agreement((s provided under chapter 39.34
RCW)), a nonprofit organization, or one or more private citizens.
(((7)))
(10) "Salmon" includes all species of the family Salmonidae
which are capable of self-sustaining, natural production except for Atlantic
salmon.
(11)
"Salmon recovery activities" or "activities" includes but
is not limited to habitat protection or restoration activities by local
governments, tribes, other public entities, and private entities. The
activities must have as a principal purpose the protection and restoration of
salmonid populations. "Activities" may include: Preparation of
stream corridor guidelines, programmatic permitting, and preparation of
geographic information system protocols. "Activities" do not include
updates related to the growth management act.
(12)
"Salmon recovery plan" means a state plan developed in response to a
proposed or actual listing under the federal endangered species act that
addresses limiting factors including, but not limited to harvest, hatchery,
hydropower, habitat, and other factors of decline.
(((9)))
(13) "Interagency team" or "team" means the interagency
review team created in RCW 75.46.080.
(14)
"Tribe" or "tribes" means federally recognized Indian
tribes.
(((10)))
(15) "WRIA" means a water resource inventory area established
in chapter 173-500 WAC as it existed on January 1, 1997.
(((11)))
(16) "Owner" means the person holding title to the land or the
person under contract with the owner to lease or manage the legal owner's
property.
(17)
"SASSI" means the salmon and steelhead stock inventory report and
appendices.
(18)
"SSHIAP" means the salmon and steelhead habitat inventory and
assessment project.
(19)
"Technical review team" means the salmon recovery technical review
team created in section 7 of this act.
NEW
SECTION. Sec. 3. A
new section is added to chapter 75.46 RCW to read as follows:
(1)
The salmon recovery funding board is created consisting of ten members.
(2)
Five members of the board shall be voting members who are appointed by the
governor, subject to confirmation by the senate. One of these voting members
shall be a cabinet-level appointment as the governor's representative to the
board. Board members who represent the general public shall not have a
financial or regulatory interest in salmon recovery. The governor shall
appoint one of the general public members of the board as the chair. The
voting members of the board shall be appointed for terms of four years, except
that two members initially shall be appointed for terms of two years and three
members shall initially be appointed for terms of three years. In making the
appointments, the governor shall seek a board membership that collectively
provide the expertise necessary to provide strong fiscal oversight of salmon
recovery expenditures, and that provide extensive knowledge of local government
processes and functions and an understanding of issues relevant to salmon
recovery in Washington state. The governor shall appoint at least three of the
voting members of the board no later than ninety days after the effective date
of this section. Vacant positions on the board shall be filled in the same
manner as the original appointments. The governor may remove members of the
board for good cause.
In
addition to the five voting members of the board, the following five state
officials shall serve as ex officio nonvoting members of the board: The
director of the department of fish and wildlife, the executive director of the
conservation commission, the secretary of transportation, the director of the
department of ecology, and the commissioner of public lands. The state
officials serving in an ex officio capacity may designate a representative of
their respective agencies to serve on the board in their behalf. Such
designations shall be made in writing and in such manner as is specified by the
board.
(3)
Staff support to the board shall be provided by the interagency committee for
outdoor recreation. For administrative purposes, the board shall be located
with the interagency committee for outdoor recreation.
(4)
Members of the board who do not represent state agencies shall be compensated
as provided by RCW 43.03.250. Members of the board shall be reimbursed for
travel expenses as provided by RCW 43.03.050 and 43.03.060.
NEW
SECTION. Sec. 4. A
new section is added to chapter 75.46 RCW to read as follows:
(1)
The board is responsible for making grants and loans for salmon habitat
projects and salmon recovery activities from the amounts appropriated to the
board for this purpose. To accomplish this purpose the board may:
(a)
Provide assistance to grant applicants regarding the procedures and criteria
for grant and loan awards;
(b)
Make and execute all manner of contracts and agreements with public and private
parties as the board deems necessary, consistent with the purposes of this
chapter;
(c)
Accept any gifts, grants, or loans of funds, property, or financial or other
aid in any form from any other source on any terms that are not in conflict
with this chapter;
(d)
Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of
this chapter; and
(e)
Do all acts and things necessary or convenient to carry out the powers
expressly granted or implied under this chapter.
(2)
The interagency committee for outdoor recreation shall provide all necessary
grants and loans administration assistance to the board, and shall distribute
funds as provided by the board in section 5 of this act.
NEW
SECTION. Sec. 5. A
new section is added to chapter 75.46 RCW to read as follows:
(1)
The board shall develop procedures and criteria for allocation of funds for
salmon habitat projects and salmon recovery activities on a state-wide basis to
address the highest priorities for salmon habitat protection and restoration.
To the extent practicable the board shall adopt an annual allocation of
funding. The allocation should address both protection and restoration of
habitat, and should recognize the varying needs in each area of the state on an
equitable basis. The board has the discretion to partially fund, or to fund in
phases, salmon habitat projects. The board may annually establish a maximum
amount of funding available for any individual project, subject to available
funding. No projects required solely as a mitigation or a condition of
permitting are eligible for funding.
(2)(a)
In evaluating, ranking, and awarding funds for projects and activities the
board shall give preference to projects that:
(i)
Are based upon the limiting factors analysis identified under RCW 75.46.070;
(ii)
Provide a greater benefit to salmon recovery based upon the stock status
information contained in the department of fish and wildlife salmonid stock inventory
(SASSI), the salmon and steelhead habitat inventory and assessment project
(SSHIAP), and any comparable science-based assessment when available;
(iii)
Will benefit listed species and other fish species; and
(iv)
Will preserve high quality salmonid habitat.
(b)
In evaluating, ranking, and awarding funds for projects and activities the
board shall also give consideration to projects that:
(i)
Are the most cost-effective;
(ii)
Have the greatest matched or in-kind funding; and
(iii)
Will be implemented by a sponsor with a successful record of project
implementation.
(3)
The board may reject, but not add, projects from a habitat project list
submitted by a lead entity for funding.
(4)
For fiscal year 2000, the board may authorize the interagency review team to
evaluate, rank, and make funding decisions for categories of projects or
activities or from funding sources provided for categories of projects or
activities. In delegating such authority the board shall consider the review
team's staff resources, procedures, and technical capacity to meet the purposes
and objectives of this chapter. The board shall maintain general oversight of
the team's exercise of such authority.
(5)
The board shall seek the guidance of the technical review team to ensure that
scientific principles and information are incorporated into the allocation
standards and into proposed projects and activities. If the technical review
team determines that a habitat project list complies with the critical pathways
methodology under RCW 75.46.070, it shall provide substantial weight to the
list's project priorities when making determinations among applications for
funding of projects within the area covered by the list.
(6)
The board shall establish criteria for determining when block grants may be
made to a lead entity or other recognized regional recovery entity consistent
with one or more habitat project lists developed for that region. Where a lead
entity has been established pursuant to RCW 75.46.060, the board may provide grants
to the lead entity to assist in carrying out lead entity functions under this
chapter, subject to available funding. The board shall determine an equitable
minimum amount of funds for each region, and shall distribute the remainder of
funds on a competitive basis.
(7)
The board may waive or modify portions of the allocation procedures and
standards adopted under this section in the award of grants or loans to conform
to legislative appropriations directing an alternative award procedure or when
the funds to be awarded are from federal or other sources requiring other
allocation procedures or standards as a condition of the board's receipt of the
funds. The board shall develop an integrated process to manage the allocation
of funding from federal and state sources to minimize delays in the award of
funding while recognizing the differences in state and legislative
appropriation timing.
NEW
SECTION. Sec. 6. A
new section is added to chapter 75.46 RCW to read as follows:
(1)
Habitat project lists shall be submitted to the salmon recovery funding board
for funding by January 1st and July 1st of each year beginning in 2000. The
board shall provide the legislature with a list of the proposed projects and a
list of the projects funded by October 1st of each year beginning in 2000 for
informational purposes.
(2)
The interagency committee for outdoor recreation shall track all funds
allocated for salmon habitat projects and salmon recovery activities on behalf
of the board, including both funds allocated by the board and funds allocated
by other state or federal agencies for salmon recovery or water quality
improvement.
(3)
Beginning in December 2000, the board shall provide a biennial report to the
governor and the legislature on salmon recovery expenditures. This report
shall be coordinated with the state of the salmon report required under RCW
75.46.030.
NEW
SECTION. Sec. 7. A
new section is added to chapter 75.46 RCW to read as follows:
(1)
The salmon recovery technical review team is created. The technical review
team is composed of no less than five members selected by the director of fish
and wildlife. The director shall ensure that lead scientists representing
state, tribal, federal, and local government interests are represented on the
technical review team, and shall include members representing the private
sector. Members of the technical review team shall have an educational and
professional scientific background in salmonids, salmonid habitat, or related
fields. The members of the technical review team shall not serve any fixed
term. The numbers of members of the technical review team may be increased or
decreased depending on the need for scientific expertise, but the technical
review team must always consist of at least five members. Administrative
support for the technical review team is provided by the department of fish and
wildlife. Assignments and direction to the technical review team shall be made
by the chair of the technical review team. The chair of the technical review
team shall be designated by the members of the team.
(2)
The technical review team is responsible for receiving habitat project lists
submitted by lead entities under RCW 75.46.060, for screening and ranking
projects on such lists, for providing its ranking of projects, within
categories on a statewide basis, to the board, and determining whether the
critical pathways methodology under RCW 75.46.070 has been complied with in the
development and ranking of projects on the habitat project list. The technical
review team shall review and rank the projects submitted from across the state
for funding, organize pertinent information, and provide the board with its
findings. The technical review team shall make an active effort to communicate
the criteria for reviewing and ranking projects with the lead entities. The
technical review team shall make information available to lead entities
regarding deficiencies in projects that result in their low ranking in the
review process. The technical review team may not remove a project from a
habitat project list.
(3)
The technical review team is also responsible for working in conjunction with
the independent science panel to develop standardized monitoring indicators and
data quality guidelines for habitat projects and salmon recovery activities
across the state, and for recommending criteria for the systematic and periodic
evaluation of monitoring data to help ensure the effectiveness of the state's
salmon recovery efforts.
Sec.
8. RCW
75.46.040 and 1998 c 246 s 5 are each amended to read as follows:
(1)
The salmon recovery office is created within the office of the governor to
coordinate state strategy to allow for salmon recovery to healthy sustainable
population levels with productive commercial and recreational fisheries. The
primary purpose of the office is to coordinate and assist in the development of
salmon recovery plans for evolutionarily significant units, and submit those
plans to the appropriate tribal governments and federal agencies ((in
response to the federal endangered species act)) as an integral part of
a state-wide strategy developed consistent with the guiding principles and
procedures under section 9 of this act. The governor's salmon recovery
office may also:
(a)
Act as liaison to local governments, the state congressional delegation, the
United States congress, federally recognized tribes, and the federal executive
branch agencies for issues related to the state's endangered species act salmon
recovery plans; and
(b)
Provide the biennial state of the salmon report to the legislature pursuant to
RCW 75.46.030.
(2)
This section expires June 30, 2006.
NEW
SECTION. Sec. 9. A
new section is added to chapter 75.46 RCW to read as follows:
(1)
By September 1, 1999, the governor, with the assistance of the salmon recovery
office, shall submit a state-wide salmon recovery strategy to the appropriate
federal agencies administering the federal endangered species act.
(2)
The governor and the salmon recovery office shall be guided by the following
considerations in developing the strategy:
(a)
The strategy should identify state-wide initiatives and responsibilities with
regional and local watershed initiatives as the principal mechanism for
implementing the strategy;
(b)
The strategy should emphasize collaborative, incentive-based approaches;
(c)
The strategy should address all factors limiting the recovery of Washington's
listed salmon stocks, including habitat and water quality degradation, harvest
and hatchery management, inadequate streamflows, and other barriers to fish
passage. Where other limiting factors are beyond the state's jurisdictional
authorities to respond to, such as some natural predators and high seas
fishing, the strategy shall include the state's requests for federal action to
effectively address these factors;
(d)
The strategy should identify immediate actions necessary to prevent extinction
of a listed salmon stock, establish performance measures to determine if
restoration efforts are working, recommend effective monitoring and data management,
and recommend to the legislature clear and certain measures to be implemented
if performance goals are not met;
(e)
The strategy shall rely on the best scientific information available and
provide for incorporation of new information as it is obtained;
(f)
The strategy should seek a fair allocation of the burdens and costs upon
economic and social sectors of the state whose activities may contribute to
limiting the recovery of salmon; and
(g)
The strategy should seek clear measures and procedures from the appropriate
federal agencies for removing Washington's salmon stocks from listing under the
federal act.
(3)
Beginning on September 1, 2000, the strategy shall be updated through an active
public involvement process, including early and meaningful opportunity for
public comment. In obtaining public comment, the salmon recovery office shall
hold public meetings throughout the state and shall encourage regional and
local recovery planning efforts to similarly ensure an active public involvement
process.
(4)
This section shall apply prospectively only and not retroactively. Nothing in
this section shall be construed to invalidate actions taken in recovery
planning at the local, regional, or state level prior to the effective date of
this section.
Sec.
10. RCW
75.46.050 and 1998 c 246 s 6 are each amended to read as follows:
(1)
The governor shall request the national academy of sciences, the American
fisheries society, or a comparable institution to screen candidates to serve as
members on the independent science panel. The institution that conducts the
screening of the candidates shall submit a list of the nine most qualified
candidates to the governor, the speaker of the house of representatives, and
the majority leader of the senate. The candidates shall reflect expertise in
habitat requirements of salmon, protection and restoration of salmon
populations, artificial propagation of salmon, hydrology, or geomorphology.
(2)
The speaker of the house of representatives and the majority leader in the
senate ((shall)) may each remove one name from the nomination
list. The governor shall consult with tribal representatives and the governor
shall appoint five scientists from the remaining names on the nomination list.
(3)
The members of the independent science panel shall serve four-year terms. Vacant
positions on the panel shall be filled in the same manner as the original
appointments. Members shall serve no more than two full terms. The
independent science panel members shall elect the chair of the panel among
themselves every two years. ((The members of the independent science panel
shall be compensated as provided in RCW 43.03.250 and reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.)) Based upon
available funding, the governor's salmon recovery office may contract for
services with members of the independent science panel for compensation under
chapter 39.29 RCW.
(4)
The independent science panel shall be governed by generally accepted
guidelines and practices governing the activities of independent science boards
such as the national academy of sciences. The purpose of the independent
science panel is to help ensure that sound science is used in salmon recovery
efforts. The governor's salmon recovery office shall request review of salmon
recovery plans by the science review panel. The science ((review))
panel does not have the authority to review individual projects or habitat
project lists developed under RCW 75.46.060, 75.46.070, and 75.46.080 or to
make policy decisions. The panel shall periodically submit its findings and
recommendations under this subsection to the legislature and the governor.
(5)
The independent science panel ((shall submit its findings to the legislature
and the governor)), in conjunction with the technical review team, shall
recommend standardized monitoring indicators and data quality guidelines for
use by entities involved in habitat projects and salmon recovery activities
across the state.
(6)
The independent science panel, in conjunction with the technical review team,
shall also recommend criteria for the systematic and periodic evaluation of
monitoring data in order for the state to be able to answer critical questions
about the effectiveness of the state's salmon recovery efforts.
(7)
The recommendations on monitoring as required in this section shall be provided
in a report to the governor and to the legislature by the independent science
panel, in conjunction with the salmon recovery office, no later than December
31, 2000. The report shall also include recommendations on the level of effort
needed to sustain monitoring of salmon projects and other recovery efforts, and
any other recommendations on monitoring deemed important by the independent
science panel and the technical review team. The report may be included in the
biennial state of the salmon report required under RCW 75.46.030.
Sec.
11. RCW
75.46.060 and 1998 c 246 s 7 are each amended to read as follows:
(1)(a)
Counties, cities, and tribal governments must jointly designate, by ((official))
resolution or by letters of support, the area for which a habitat ((restoration))
project list is to be developed and the lead entity that is to be responsible
for submitting the habitat ((restoration)) project list. No project
included on a habitat ((restoration)) project list shall be considered
mandatory in nature and no private landowner may be forced or coerced into
participation in any respect. The lead entity may be a county, city,
conservation district, special district, tribal government, or other entity.
(b)
The lead entity shall establish a committee that consists of representative
interests of counties, cities, conservation districts, tribes, environmental
groups, business interests, landowners, citizens, volunteer groups, regional
fish enhancement groups, and other ((restoration)) habitat
interests. The purpose of the committee is to provide a citizen-based
evaluation of the projects proposed to promote salmon habitat ((restoration)).
The ((interagency)) technical review team may provide the lead
entity with organizational models that may be used in establishing the
committees.
(c)
The committee shall compile a list of habitat ((restoration)) projects,
establish priorities for individual projects, define the sequence for project
implementation, and submit these activities as the habitat ((restoration))
project list. The committee shall also identify potential federal, state,
local, and private funding sources.
(2)
The area covered by the habitat project list must be based, at a minimum, on a
WRIA, combination of WRIAs, ((an evolutionarily significant unit,)) or
any other area as agreed to by the counties, cities, and tribes in
resolutions or in letters of support meeting the requirements of this
subsection. Preference will be given to projects in an area that contain a
salmon species that is listed or proposed for listing under the federal
endangered species act.
(3)
The lead entity shall submit the habitat project list to the technical review
team in accordance with procedures adopted by the board.
Sec.
12. RCW
75.46.070 and 1998 c 246 s 8 are each amended to read as follows:
(1)
Critical pathways methodology shall be used to develop a habitat project list
and a habitat work schedule that ensures salmon ((restoration activities))
habitat projects will be prioritized and implemented in a logical
sequential manner that produces habitat capable of sustaining healthy
populations of salmon.
(2)
The critical pathways methodology shall:
(a)
Include a limiting factors analysis for salmon in streams, rivers, tributaries,
estuaries, and subbasins in the region. The technical advisory group shall have
responsibility for the limiting factors analysis;
(b)
Identify local habitat projects that sponsors are willing to undertake. The
projects identified must have a written agreement from the landowner on which
the project is to be implemented. Project sponsors shall have the lead
responsibility for this task;
(c)
Identify how projects will be monitored and evaluated. The project sponsor, in
consultation with the technical advisory group and the appropriate landowner,
shall have responsibility for this task; ((and))
(d)
Include a review of monitoring data, evaluate project performance, and make
recommendations to the committee established under RCW 75.46.060 and to the
technical review team. The technical advisory group has responsibility for
this task; and
(e)
Describe the adaptive management strategy that will be used. The committee
established under RCW 75.46.060 shall have responsibility for this task. If a
committee has not been formed, the technical advisory group shall have the
responsibility for this task.
(3)
The habitat work ((list)) schedule shall include all projects
developed pursuant to subsection (2) of this section ((as well as)),
and shall identify and coordinate with any other salmon habitat ((restoration))
project implemented in the region, including habitat preservation projects
funded through the Washington wildlife and recreation program, the conservation
reserve enhancement program, and other conservancy programs. The habitat
work ((list)) schedule shall also include the start date,
duration, estimated date of completion, estimated cost, and, if appropriate,
the affected salmonid species of each project. Each schedule shall be updated
on an annual basis to depict new activities.
NEW
SECTION. Sec. 13. A
new section is added to chapter 75.46 RCW to read as follows:
State
salmon monitoring data provided by lead entities, regional fisheries
enhancement groups, and others shall be included in the data base of SASSI and
SSHIAP. Information pertaining to habitat preservation projects funded through
the Washington wildlife and recreation program, the conservation reserve
enhancement program, and other conservancy programs related to salmon habitat
shall be included in the SSHIAP data base.
Sec.
14. RCW
75.46.100 and 1998 c 246 s 11 are each amended to read as follows:
The
sea grant program at the University of Washington is authorized to provide
technical assistance to volunteer groups and other project sponsors in
designing and ((performing)) implementing habitat ((restoration))
projects that address the limiting factors analysis ((of regional habitat
work plans)) required under RCW 75.46.070. The cost for such
assistance may be covered on a fee-for-service basis.
Sec.
15. RCW
75.46.080 and 1998 c 246 s 9 are each amended to read as follows:
(1)
Representatives from the conservation commission, the department of
transportation, the department of natural resources, the department of
ecology, and the department of fish and wildlife shall establish an
interagency review team. ((Except as provided in subsection (6) of this
section,)) Habitat restoration project lists shall be submitted to
the interagency review team by January 1st and July 1st of each year ((beginning
in 1999)). The purpose of the team is to assist the salmon recovery
funding board in developing procedures and standards for state-wide funding
allocation, and to assist the board in reviewing funding applications to
identify the highest priority projects and activities for funding.
(2)
((If no lead entity has been formed under RCW 75.46.060, the interagency
review team shall rank, prioritize, and dispense funds for habitat restoration
projects by giving preference to the projects that:
(a)
Provide a greater benefit to salmon recovery;
(b)
Will be implemented in a more critical area;
(c)
Are the most cost-effective;
(d)
Have the greatest matched, or in-kind funding; and
(e)
Will be implemented by a sponsor with a successful record of project
implementation.
(3))) If a
lead entity established under RCW 75.46.060 has been formed, the interagency
review team shall evaluate habitat project lists ((and may remove,
but not add, projects from a habitat project list.
(4)
The interagency review team shall provide a summary of funding for habitat
restoration project lists to the governor and to the legislature by December
1st of each year)) developed pursuant to RCW 75.46.060 and
submitted to the board for consideration for funding. The team shall advise
the board on whether the list for the area complies with the list development
procedures and critical path methodology provided by RCW 75.46.060 and
75.46.070. When the board determines the list to comply with those
requirements it shall accord substantial weight to the list's project
priorities when making determinations among applications for funding of
projects and activities within the area covered by the list. Projects that
include use of side channels, off-stream rearing enhancement, improvement in
overwintering habitat, or use of acclimation ponds shall receive consideration
for funding.
(((5)))
(3) The ((interagency review team)) board may annually
establish a maximum amount of funding available for any individual project,
subject to available funding. ((The interagency review team shall attempt
to assure a geographical balance in assigning priorities to projects.
(6)
For fiscal year 1998, the department of fish and wildlife, the conservation
commission, and the department of transportation may authorize, subject to
appropriations, expenditures for projects that have been developed to restore
salmon habitat before completion of the project lists required in RCW
75.46.060(2).
(7))) (4)
Where a lead entity has been established pursuant to RCW 75.46.060, the ((interagency
review team)) board may provide ((block)) grants to the lead
entity to assist in carrying out lead entity functions under this chapter,
subject to available funding.
(5)
The interagency review team shall review, rank, and approve projects submitted
for funding until January 1, 2000.
(6)
This section expires July 1, 2000.
NEW
SECTION. Sec. 16. A
new section is added to chapter 75.46 RCW to read as follows:
The
salmon recovery account is created in the state treasury. To the account shall
be deposited such funds as the legislature directs or appropriates to the
account. Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used for salmon recovery.
NEW
SECTION. Sec. 17. A
new section is added to Title 79A RCW to read as follows:
The
interagency committee for outdoor recreation shall provide necessary grants and
loan administration support to the salmon recovery funding board as provided in
section 4 of this act. The committee shall also be responsible for tracking
salmon recovery expenditures under section 6 of this act. The committee shall
provide all necessary administrative support to the board, and the board shall
be located with the committee. The committee shall coordinate its activities
under this section with the salmon recovery technical review team created in
section 7 of this act and provide necessary information to the salmon recovery
office.
Sec.
18. RCW
76.12.110 and 1998 c 347 s 55 are each amended to read as follows:
There
is created a forest development account in the state treasury. The state
treasurer shall keep an account of all sums deposited therein and expended or
withdrawn therefrom. Any sums placed in the account shall be pledged for the
purpose of paying interest and principal on the bonds issued by the department,
and for the purchase of land for growing timber. Any bonds issued shall
constitute a first and prior claim and lien against the account for the payment
of principal and interest. No sums for the above purposes shall be withdrawn
or paid out of the account except upon approval of the department.
Appropriations
may be made by the legislature from the forest development account to the
department for the purpose of carrying on the activities of the department on
state forest lands, lands managed on a sustained yield basis as provided for in
RCW 79.68.040, and for reimbursement of expenditures that have been made or may
be made from the resource management cost account in the management of state
forest lands. ((For the 1997-99 fiscal biennium, moneys from the account
shall be distributed as directed in the omnibus appropriations act to the
beneficiaries of the revenues derived from state forest lands. Funds that
accrue to the state from such a distribution shall be deposited into the salmon
recovery account, hereby created in the state treasury. Funds appropriated
from the salmon recovery account shall be used for efforts to restore
endangered anadromous fish stocks.))
Sec.
1. 1999
c 309 s 114 (uncodified) is amended to read as follows:
FOR
THE OFFICE
OF THE GOVERNOR
General
Fund‑-State Appropriation (FY 2000).... $ ((5,762,000))
5,700,000
General
Fund‑-State Appropriation (FY 2001).... $ ((5,720,000))
5,657,000
General
Fund‑-Federal Appropriation............. $ 674,000
Water
Quality Account‑-State Appropriation..... $ 700,000
TOTAL
APPROPRIATION................. $ ((12,856,000))
12,731,000
The
appropriations in this section are subject to the following conditions and
limitations:
(1)
$1,612,000 of the general fund‑-state appropriation for fiscal year 2000,
$1,588,000 of the general fund‑-state appropriation for fiscal year 2001,
$700,000 of the water quality account appropriation, and $209,000 of the
general fund‑-federal appropriation are provided solely for the
implementation of the Puget Sound work plan and agency action items PSAT-01
through PSAT-05.
(2)
$465,000 of the general fund‑-federal appropriation and $200,000 of the
general fund‑-state appropriation are provided solely for the salmon
recovery office to meet its responsibilities for the state-wide salmon
recovery strategy. Of this amount: (a) $200,000 of the general fund‑-state
appropriation is provided for the operation of the independent science panel;
and (b) $465,000 of the general fund‑-federal appropriation is provided
for the salmon recovery office staff to support local salmon recovery planning
efforts. $232,500 of the general fund‑-federal appropriation in this
subsection may be expended in each fiscal year of the biennium only if the
state receives greater than $25,000,000 from the federal government for salmon
recovery activities in that fiscal year. Funds authorized for expenditure in
fiscal year 2000 may be expended in fiscal year 2001.
(((3)
$62,000 of the fiscal year 2000 general fund‑-state appropriation and
$63,000 of the fiscal year 2001 general fund‑-state appropriation are
provided solely to implement Second Substitute Senate Bill No. 5595 or
Engrossed Substitute House Bill No. 2079, establishing the salmon recovery
funding board in the office of the governor. If legislation establishing the
board is not enacted by June 30, 1999, the amounts provided in this subsection
shall lapse.))
Sec.
2. 1999
c 309 s 129 (uncodified) is amended to read as follows:
FOR
THE OFFICE
OF FINANCIAL MANAGEMENT
General
Fund‑-State Appropriation (FY 2000).... $ ((12,791,000))
12,716,000
General
Fund‑-State Appropriation (FY 2001).... $ ((11,855,000))
11,780,000
General
Fund‑-Federal Appropriation............. $.................................. 23,340,000
General
Fund‑-Private/Local Appropriation...... $ 500,000
TOTAL
APPROPRIATION................. $ ((48,486,000))
48,336,000
The
appropriations in this section are subject to the following conditions and
limitations:
(1)
$50,000 of the general fund‑-state appropriation for fiscal year 2000 is
provided solely to evaluate and promote the use by state and local agencies of
the training facilities at the Hanford reservation.
(2)
Funding in this section provides for a feasibility study to collect Washington
enrollment data on distance learning programs sponsored by in-state and
out-of-state private institutions in cooperation with the higher education
coordinating board and the state board for community and technical colleges.
Findings shall be submitted to the appropriate committees of the legislature by
January 2000.
(3)
(($75,000 of the fiscal year 2000 general fund‑-state appropriation and
$75,000 of the fiscal year 2001 general fund‑-state appropriation are
provided solely to track and administer state and federal funding for salmon
recovery allocated by the salmon recovery funding board established under
Second Substitute Senate Bill No. 5595 or Engrossed Substitute House Bill No.
2079.
(4))) The
office of financial management, in collaboration with the institutions of
higher education, the higher education coordinating board, and the state board
for community and technical colleges, shall modify state information systems in
order to provide consistent data on students engaged in distance learning.
Higher education institutions shall provide enrollment information in support
of this effort. Reporting on the numbers and categories of students enrolled
in distance learning by class level and institutions shall begin by fall term,
2000. Washington independent institutions of higher education are encouraged
to participate in this process and to provide distance learner enrollment data.
(((5)))
(4) $1,000,000 of the general fund‑-state appropriation and
$500,000 of the general fund‑-private/local appropriation are provided
solely for the commission on early learning. One-half of the amount provided
from the general fund‑-state shall not be expended unless matched by an
equal amount from private sources.
Sec.
3. 1999
c 309 s 304 (uncodified) is amended to read as follows:
FOR
THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
General
Fund‑-State Appropriation (FY 2000)......... $ 137,000
General
Fund‑-State Appropriation (FY 2001)......... $ 138,000
Firearms
Range Account‑-State Appropriation......... $ 34,000
Recreation
Resources Account‑-State Appropriation.... $................................................ 2,370,000
Recreation
Resources Account‑-Federal Appropriation. $ 11,000
NOVA
Program Account‑-State Appropriation........... $ 604,000
TOTAL
APPROPRIATION...................... $ ((3,019,000))
3,294,000
The
appropriations in this section are subject to the following condition and
limitation: $137,000 of the fiscal year 2000 general fund‑-state
appropriation and $138,000 of the fiscal year 2001 general fund‑-state
appropriation are provided solely to implement Second Substitute Senate Bill
No. 5595 or Engrossed Substitute House Bill No. 2079 (salmon recovery). If
legislation establishing the board is not enacted by June 30, 1999, the amounts
provided in this subsection shall lapse.
NEW
SECTION. Sec. 4. FOR
THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Salmon
Recovery Grants Program (00-2-001)
The
appropriations in this section are subject to the following conditions and
limitations:
(1)
The entire $119,928,000 appropriation is provided solely to the salmon recovery
funding board to provide grants to local governments, state agencies, tribes,
conservation districts, private landowners, and nonprofit entities for salmon
recovery activities pursuant to chapter . . . (House Bill No. 2079), Laws of
1999 sp. sess. or chapter . . . (Senate Bill No. 5595), Laws of 1999
sp. sess. If neither chapter . . . (House Bill No. 2079), Laws of
1999 sp. sess. nor chapter . . . (Senate Bill No. 5595), Laws of 1999
are enacted by June 30, 1999, the amount provided in this section shall lapse.
(2)
Up to $19,650,000 of the general fund‑-federal appropriation is provided
for grants to local governments for salmon recovery in accordance with a grant
from the department of interior, United States fish and wildlife service received
in December 1998.
(3)
$6,200,000 of the state building construction account, $14,380,000 of the
salmon recovery account, and $55,238,000 of the general fund‑-federal
appropriation shall be distributed by the salmon recovery funding board within
the following categories:
(a)
A minimum of twenty-four percent shall be provided for fish passage barrier
correction and fish screens to protect fish;
(b)
A minimum of thirty-eight percent shall be provided for habitat projects;
(c)
A minimum of thirty-eight percent shall be provided to purchase riparian
easements to restore and to protect environmentally sensitive land in riparian
areas to protect water quality and improve salmon and steelhead habitat. The
salmon recovery funding board shall adopt rules for the implementation of this
subsection consistent with the requirements of the conservation reserve
enhancement program, except the eligibility is not limited to agricultural
lands and contracts may exceed fifteen years in duration. It is the intent of the
legislature that this appropriation will be used primarily for landowners that
do not qualify for the federal conservation reserve enhancement program. The
appropriation in this subsection shall not be used for fee simple land
acquisition.
(4)
$9,930,000 of the salmon recovery account appropriation is provided solely for
planning and engineering activities. The appropriation in this subsection
shall be distributed as follows:
(a)
$2,100,000 shall be available for grants to cities and counties for the
protection of critical areas using nonregulatory programs;
(b)
$500,000 for the southwest Washington salmon recovery region;
(c)
$1,500,000 for the people for salmon nonprofit organization;
(d)
$830,000 for conservation district activities to implement the Puget Sound
plan;
(e)
$1,000,000 for monitoring salmon restoration projects and activities;
(f)
$400,000 for technical assistance to landowners to implement the natural
resources conservation service field office technical guide standards;
(g)
$800,000 for the development of stream corridor guidelines for salmon recovery
and habitat restoration;
(h)
$1,100,000 for contracted engineering services for habitat projects; and
(i)
$1,700,000 for salmonid screening, habitat enhancement, and restoration
program.
(5)
$6,530,000 of the salmon recovery account and up to $8,000,000 the general fund‑-federal
appropriation is provided for salmon recovery efforts. The appropriation in
this subsection shall be distributed as follows:
(a)
$50,000 of the salmon recovery account is for developing selective harvesting
techniques and equipment;
(b)
$150,000 of the salmon recovery account is for developing and implementing
methods for reducing the by-catch of salmon and other endangered or threatened
species;
(c)
$6,330,000 of the salmon recovery account is for the jobs for the environment
program; and
(d)
Up to $8,000,000 of the general fund‑-federal appropriation is for
commercial license buy-back.
(i)
If federal grants for salmon recovery efforts are equal to or less than
$50,000,000 during the 1999-01 fiscal biennium, then $4,000,000 may be expended
for the purpose of this subsection.
(ii)
If federal grants for salmon recovery efforts are more than $50,000,000 during
the 1999-01 fiscal biennium, then up to $8,000,000 may be expended for the
purposes of this subsection.
(iii)
The amount in this subsection is provided solely to buy back commercial
licenses for Washington-based commercial salmon fishers who fish in Washington
or Alaska and who directly target or incidentally catch a threatened or
endangered salmon species. Any expenditure from the amount in this subsection
used in connection with a license buy-back program in another state must be
matched by an equal amount of non-Washington state sources. Washington-based
Alaska trollers' licenses may be bought back only if the state or states buying
the license affirms that at least seventy-five percent of the seller's historic
catch is allowed to pass through Alaskan waters. The amount in this subsection
may also be used as grants for programs that combine license buy-back with
programs that facilitate the funding of a conversion to selective fishing
methods.
(6)
A final list of projects funded with appropriations from this section shall be
submitted to the office of financial management and the legislature by June
30th of each year.
Appropriation:
General
Fund‑-Federal...................... $ 82,888,000
State
Building Construction Account‑-
State............................... $ 6,200,000
Salmon
Recovery Account.................... $ 30,840,000
-------------
Subtotal
Appropriation.............. $ 119,928,000
Prior
Biennia (Expenditures)............... $ 0
Future
Biennia (Projected Costs)........... $ 0
-------------
TOTAL............................... $ 119,928,000
NEW
SECTION. Sec. 5. RCW
75.46.130 (Appropriated funds) and 1998 c 246 s 17 are each
repealed.
NEW
SECTION. Sec. 6. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW
SECTION. Sec. 7. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect July 1, 1999.
