H-1131.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1022

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Buck, Johnson, Mitchell, McMorris, Talcott, Hickel, Chandler, Mastin, Lambert, Sheldon, Schoesler, Hatfield, Kessler, Mulliken, Honeyford, Thompson, Koster, DeBolt, D. Sommers, Carrell, L. Thomas, Dunn, Mielke, Clements, O'Brien and Doumit)

Read first time 01/21/97.

Prohibiting the department of natural resources from entering into certain agreements with the federal government without prior legislative and gubernatorial approval.

    AN ACT Relating to the department of natural resources; adding a new section to chapter 43.30 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1.  It is the intent of this legislation to establish necessary oversight by the legislature and the governor regarding long-range commitments made by the department of natural resources in its management of state trust lands, particularly commitments made with the federal government pursuant to the federal endangered species act.  It is important to reserve the legislature's authority as ultimate trustee to set overall policy for the management of the lands of the state and to maintain a watchful eye on the decisions of the department affecting our trust lands.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.30 RCW to read as follows:

    The department of natural resources is prohibited from entering into any agreement and from making any commitment intended to induce the issuance of a permit from the federal government which, individually or together with any other agreement or commitment, affects more than ten thousand acres of public and/or state forest land for five or more years unless the department has obtained express legislative and gubernatorial approval of the terms of such agreement or commitment.  Agreements and commitments to which this section applies include but are not limited to conservation plans and incidental take permits under 16 U.S.C. Sec. 1539, and all other agreements, management plans, and "no-take" or similar letters relating to the federal endangered species act.  Approval must be in the form of duly enacted legislation.  Prior to seeking approval, the department shall provide the legislature and governor with copies of all proposed plans, agreements, and commitments, together with a complete analysis demonstrating that the proposed agreement or commitment is in the best interests of the trust beneficiaries.

NEW SECTION. Sec. 3.  If, at the time this legislation is enacted, the department of natural resources has entered into an implementation agreement for a habitat conservation plan or any other similar agreement or commitment under the federal endangered species act, the department shall immediately exercise the provision in the habitat conservation plan implementation agreement or other similar agreement terminating the agreement and the plan.  The department shall notify the legislature immediately that it has taken this required action.

NEW SECTION. Sec. 4.  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 immediately.

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