Z-139                 _______________________________________________

 

                                                     HOUSE BILL NO. 72

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representatives Fisch, Hargrove, Basich, Gallagher, Valle, Sanders, Betrozoff, R. King and Crane; by Department of Transportation request

 

 

Read first time 1/18/85 and referred to Committee on Transportation.

 

 


AN ACT Relating to the Quinault Tribal Highway; adding new sections to chapter 47.20 RCW; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     The department of transportation is authorized to enter into a cooperative agreement with the Quinault Indian Nation and appropriate agencies of the United States for the location, design, right of way acquisition, construction, and maintenance of a highway beginning at the south boundary of the Quinault Indian reservation on state route number 109, thence northerly along the present right of way of state route number 109 to the township line, thence inland and northerly across the Raft river to an intersection with state route number 101 south of Queets.  The highway shall be known as the "Quinault Tribal Highway" and may also be designated by the department as state route number 109.  It is anticipated that this highway construction will be funded from federal sources other than normal federal aid highway allocations.

 

          NEW SECTION.  Sec. 2.     As a part of the agreement, the department may assume responsibility for the operation and maintenance and future improvement of the highway.  The agreement may also reserve to the Quinault Indian Nation authority to construct public road intersections or grade separation crossings of the highway. The agreement may provide that the Quinault Indian Nation may exercise sole authority over future rights of access from adjoining property to the highway.  Existing rights of access from adjoining property to existing state route number 109 from the south reservation boundary to the township line shall not be affected by sections 1 through 6 of this act or the agreement authorized by section 1 of this act.

 

          NEW SECTION.  Sec. 3.     The secretary of transportation pursuant to the agreement is authorized to convey by deed to the Quinault Indian Nation all right of way including access control for state route number 109 previously acquired by the state lying north of the south reservation boundary in return for a conveyance by the Quinault Indian Nation to the state of Washington of a perpetual easement for public travel on the through lanes of the highway.

 

          NEW SECTION.  Sec. 4.     The department is authorized to acquire the remaining right of way for the Quinault Tribal Highway by purchase or condemnation. The secretary is authorized to convey by deed to the Quinault Indian Nation the right of way to the highway, when acquired, in return for a conveyance by the Quinault Indian Nation to the state of Washington of a perpetual easement for public travel on the through lanes of the highway, when constructed.

 

          NEW SECTION.  Sec. 5.     Except as otherwise provided by sections 1 through 6 of this act or by the agreement authorized by section 1 of this act, the department may proceed with the location, design, acquisition of right of way, construction, and maintenance of the highway as agent of the Quinault Indian Nation in accordance with applicable state or federal law.

 

          NEW SECTION.  Sec. 6.     The department is authorized to join with the Quinault Indian Nation to seek federal funding for the construction of the Quinault Tribal Highway.

 

          NEW SECTION.  Sec. 7.     Sections 1 through 6 of this act shall be added to chapter 47.20 RCW.

 

          NEW SECTION.  Sec. 8.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.