BILL REQ. #:  H-4706.2 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to providing notification of natural resource-related actions; adding a new section to chapter 43.17 RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 43.300 RCW; adding a new section to chapter 43.23 RCW; adding a new section to chapter 43.21A RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 43.20 RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 76.09 RCW; adding a new section to chapter 89.08 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that open and transparent government-to-government communication with the federally recognized Indian tribes located within the borders of Washington should be encouraged. The legislature further finds that there are multiple state agencies that manage, regulate, and administer the state's natural resources. Therefore, those agencies that are responsible for the state's natural resources should foster government-to-government communications with Indian tribes when natural resources are significantly affected by the actions of an agency.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.17 RCW to read as follows:
     (1) Timely notification of any significant natural resource-related action undertaken by any state entity listed in subsection (2) of this section must be provided to the legislative authority of any federally recognized Indian tribe when the agency determines that the action affects, or could affect, a particular Indian tribe or tribes.
     (2) This section applies only to the following state entities:
     (a) The board of natural resources and the department of natural resources;
     (b) The forest practices board;
     (c) The department of fish and wildlife and the fish and wildlife commission;
     (d) The department of agriculture;
     (e) The department of ecology;
     (f) The state conservation commission;
     (g) The department of transportation; and
     (h) The state board of health and the department of health.
     (3) As used in this section, the term "natural resource-related action" includes any agency rule, policy statement, order, administrative decision, or execution of statutory functions that is determined by the agency to significantly affect, or relate to, the state's water, mineral, forest, fisheries, or wildlife resources.
     (4) An agency may satisfy the requirements of this section by providing electronic notification, or another method of notification found by the agency to be most cost-effective, to the legislative authority of a federally recognized Indian tribe that the agency determines would be affected by a natural resource-related action.
     (5) Nothing in this section affects or replaces any other notification requirement contained in state law.
     (6) No action may be invalidated based on the failure of an agency to provide notification to an Indian tribe under this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.30 RCW to read as follows:
     Any rule, policy statement, order, administrative decision, or execution of statutory functions performed by the department or board must comply with the tribal notification requirements of section 2 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.300 RCW to read as follows:
     Any rule, policy statement, order, administrative decision, or execution of statutory functions performed by the department or commission must comply with the tribal notification requirements of section 2 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.23 RCW to read as follows:
     Any rule, policy statement, order, administrative decision, or execution of statutory functions performed by the department must comply with the tribal notification requirements of section 2 of this act.

NEW SECTION.  Sec. 6   A new section is added to chapter 43.21A RCW to read as follows:
     Any rule, policy statement, order, administrative decision, or execution of statutory functions performed by the department must comply with the tribal notification requirements of section 2 of this act.

NEW SECTION.  Sec. 7   A new section is added to chapter 47.01 RCW to read as follows:
     Any rule, policy statement, order, administrative decision, or execution of statutory functions performed by the department must comply with the tribal notification requirements of section 2 of this act.

NEW SECTION.  Sec. 8   A new section is added to chapter 43.20 RCW to read as follows:
     Any rule, policy statement, order, administrative decision, or execution of statutory functions performed by the state board must comply with the tribal notification requirements of section 2 of this act.

NEW SECTION.  Sec. 9   A new section is added to chapter 43.70 RCW to read as follows:
     Any rule, policy statement, order, administrative decision, or execution of statutory functions performed by the department must comply with the tribal notification requirements of section 2 of this act.

NEW SECTION.  Sec. 10   A new section is added to chapter 76.09 RCW to read as follows:
     Any rule, policy statement, order, administrative decision, or execution of statutory functions performed by the board must comply with the tribal notification requirements of section 2 of this act.

NEW SECTION.  Sec. 11   A new section is added to chapter 89.08 RCW to read as follows:
     Any rule, policy statement, order, administrative decision, or execution of statutory functions performed by the commission must comply with the tribal notification requirements of section 2 of this act.