CERTIFICATION
OF ENROLLMENT
ENGROSSED
HOUSE BILL 2288
Chapter
188, Laws of 2002
57th
Legislature
2002
Regular Session
ENVIRONMENTAL MITIGATION
SITES
EFFECTIVE
DATE: 6/13/02
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Passed by the House February 8, 2002
Yeas 97 Nays 0
 FRANK CHOPP
Speaker of the House
of Representatives
Passed by the Senate March 2, 2002
Yeas 47 Nays 0
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CERTIFICATE
I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the
State of Washington, do hereby certify that the attached is ENGROSSED
HOUSE BILL 2288 as passed by the House of Representatives and the Senate
on the dates hereon set forth.
 CYNTHIA ZEHNDER
Chief Clerk
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BRAD OWEN
President of the Senate
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Approved March 27, 2002 Place Style On
Codes above, and Style Off Codes below.
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FILED
March 27, 2002 - 9:08 a.m.
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 GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
ENGROSSED
HOUSE BILL 2288
_______________________________________________
State
of Washington 57th Legislature 2002 Regular Session
By
Read
first time 01/14/2002. Referred to Committee on Transportation.
Facilitating perpetual management of environmental
mitigation sites.
AN
ACT Relating to environmental mitigation sites; and adding a new section to
chapter 47.12 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 47.12 RCW to read as follows:
(1)
The department may enter into exchange agreements with local, state, or federal
agencies, tribal governments, or private nonprofit groups incorporated in this
state that are organized for environmental conservation purposes, to convey
properties under the jurisdiction of the department that serve as environmental
mitigation sites, as full or part consideration for the grantee assuming all
future maintenance and operation obligations and costs required to maintain and
operate the environmental mitigation site in perpetuity.
(2)
Tribal governments shall only be eligible to participate in an exchange
agreement if they:
(a)
Provide the department with a valid waiver of their tribal sovereign immunity
from suit. The waiver must allow the department to enforce the terms of the
exchange agreement or quitclaim deed in state court; and
(b)
Agree that the property shall not be placed into trust status.
(3)
The conveyances must be by quitclaim deed executed by the secretary of
transportation, and must expressly restrict the use of the property to a
mitigation site consistent with preservation of the functions and values of the
site, and must provide for the automatic reversion to the department if the
property is not used as a mitigation site or is not maintained in a manner that
complies with applicable permits, laws, and regulations pertaining to the
maintenance and operation of the mitigation site.
Passed the House February 8, 2002.
Passed the Senate March 2, 2002.
Approved by the Governor
March 27, 2002.
Filed
in Office of Secretary of State March 27, 2002.