BILL REQ. #:  H-3319.1 

Read first time 01/15/2004.   Referred to Committee on Agriculture & Natural Resources.

     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; and adding a new section to chapter 89.08 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.17 RCW to read as follows:
     (1) 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 that is, or could be, affected by the action.
     (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 significantly affects, or is related to, the state's water, mineral, forest, fisheries, or wildlife resources.
     (4)(a) The state entities listed in subsection (2) of this section must individually, or collectively, adopt an administrative rule under chapter 34.05 RCW that details how this section is administered. The rule, or rules, must include at a minimum:
     (i) A mechanism for determining which federally recognized Indian tribes are affected by a particular agency action;
     (ii) A mechanism for determining which agency actions significantly affect, or relate to, a resource detailed in subsection (3) of this section; and
     (iii) The manner in which the affected tribes will be notified.
     (b) In adopting rules under this section, the affected agencies are expected to invite the involvement of the appropriate tribal interests in order to determine, at a minimum, how notification may be provided in the most economical and time efficient manner, how the agencies determine which actions are important enough to the tribes to justify notification, and which actions will be viewed as unimportant or administrative by the tribes.
     (5) Nothing in this section affects or replaces any other notification requirement contained in state law.

NEW SECTION.  Sec. 2   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 1 of this act.

NEW SECTION.  Sec. 3   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 1 of this act.

NEW SECTION.  Sec. 4   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 1 of this act.

NEW SECTION.  Sec. 5   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 1 of this act.

NEW SECTION.  Sec. 6   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 1 of this act.

NEW SECTION.  Sec. 7   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 1 of this act.

NEW SECTION.  Sec. 8   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 1 of this act.

NEW SECTION.  Sec. 9   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 1 of this act.

NEW SECTION.  Sec. 10   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 1 of this act.