S-2038               _______________________________________________

 

                                         SUBSTITUTE SENATE BILL NO. 3125

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senate Committee on Transportation (originally sponsored by Senators Conner, Hansen and Garrett; by Department of Transportation request)

 

 

Read first time 3/8/85.

 

 


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 shall assume responsibility for the operation and maintenance and future improvement of the highway.  The agreement shall reserve to the department authority to construct public road intersections or grade separation crossings of the highway.  The agreement shall provide that the department exercise 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 5 of this act or the agreement authorized by section 1 of this act.  Highway access to those properties abutting the highway right of way north of the township line shall be insured by that agreement.

 

          NEW SECTION.  Sec. 3.     The department is authorized to acquire the remaining right of way for the Quinault Tribal Highway by gift, purchase, or condemnation.

 

          NEW SECTION.  Sec. 4.     Except as otherwise provided by sections 1 through 5 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 in accordance with applicable state or federal law.

 

          NEW SECTION.  Sec. 5.     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. 6.     Sections 1 through 5 of this act shall be added to chapter 47.20 RCW.

 

          NEW SECTION.  Sec. 7.     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.