| Passed by the House April 21, 2003 Yeas 96 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 16, 2003 Yeas 46 ________________________________________ President of the Senate | I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1102 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/16/2003. Referred to Committee on Transportation.
AN ACT Relating to exchange agreements for environmental mitigation sites; and amending RCW 47.12.370.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 47.12.370 and 2002 c 188 s 1 are each amended 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)) nature conservancy corporations
as defined in RCW 64.04.130, 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, or other form of
conveyance, 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.