BILL REQ. #:  S-4417.1 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to the acquisition of land for fish and wildlife habitat purposes; amending RCW 77.12.037; and reenacting and amending RCW 77.85.130.

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

Sec. 1   RCW 77.12.037 and 2000 c 107 s 4 are each amended to read as follows:
     (1) The commission may acquire by gift, easement, purchase, lease, or condemnation lands, buildings, water rights, rights of way, or other necessary property, and construct and maintain necessary facilities for purposes consistent with this title. The commission may authorize the director to acquire property under this section, but the power of condemnation may only be exercised by the director when an appropriation has been made by the legislature for the acquisition of a specific property, except to clear title and acquire access rights of way.
     (2) For any acquisition of property for the purpose of habitat enhancement or preservation, the commission shall make publicly available the following information:
     (a) The purpose of site acquisition, including a list of species targeted to benefit from the acquisition;
     (b) A site habitat assessment that includes existing habitat types and species presence;
     (c) An evaluation of the habitat value of the site in relation to other habitat within the watershed;
     (d) The anticipated benefits to target species of site habitat preservation or enhancement; and
     (e) The proposed public use of the property after acquisition.
     (3) If matching funds are required as a condition of a grant or appropriation for land acquisition, the local match shall not include a donation by the property owner of any portion of the property to be acquired nor any portion of the value of the property to be acquired regardless of sale price.
     (4) The commission may sell, lease, convey, or grant concessions upon real or personal property under the control of the department.

Sec. 2   RCW 77.85.130 and 2000 c 107 s 102 and 2000 c 15 s 1 are each reenacted and amended to read as follows:
     (1) The salmon recovery funding board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a statewide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding.
     (2)(a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:
     (i) Are based upon the limiting factors analysis identified under RCW 77.85.060;
     (ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available;
     (iii) Will benefit listed species and other fish species; and
     (iv) Will preserve high quality salmonid habitat.
     (b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that:
     (i) Are the most cost-effective;
     (ii) Have the greatest matched or in-kind funding; and
     (iii) Will be implemented by a sponsor with a successful record of project implementation.
     (3) The board shall evaluate the following information for any proposed project that includes land acquisition:
     (a) The purpose of site acquisition, including a list of salmon species targeted to benefit from the acquisition;
     (b) A site habitat assessment that includes existing habitat types and salmon presence;
     (c) An evaluation of the habitat value of the site in relation to other habitat within the watershed;
     (d) The anticipated benefits to target species of site habitat preservation or enhancement; and
     (e) The proposed public use of the property after acquisition.
     (4) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding.
     (((4))) (5) For fiscal year 2000, the board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of this chapter. The board shall maintain general oversight of the team's exercise of such authority.
     (((5))) (6) The board shall seek the guidance of the technical review team to ensure that scientific principles and information are incorporated into the allocation standards and into proposed projects and activities. If the technical review team determines that a habitat project list complies with the critical pathways methodology under RCW 77.85.060, it shall provide substantial weight to the list's project priorities when making determinations among applications for funding of projects within the area covered by the list.
     (((6))) (7) The board shall establish criteria for determining when block grants may be made to a lead entity or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region. Where a lead entity has been established pursuant to RCW 77.85.050, the board may provide grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding. The board shall determine an equitable minimum amount of funds for each region, and shall distribute the remainder of funds on a competitive basis.
     (((7))) (8) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.
     (((8))) (9) The board may award a grant or loan for a salmon recovery project on private or public land when the landowner has a legal obligation under local, state, or federal law to perform the project, when expedited action provides a clear benefit to salmon recovery, and there will be harm to salmon recovery if the project is delayed. For purposes of this subsection, a legal obligation does not include a project required solely as a mitigation or a condition of permitting.
     (((9))) (10) The board may condition a grant or loan to include the requirement that property may only be transferred to a federal agency if the agency that will acquire the property agrees to comply with all terms of the grant or loan to which the project sponsor was obligated. Property acquired or improved by a project sponsor may be conveyed to a federal agency, but only if the agency agrees to comply with all terms of the grant or loan to which the project sponsor was obligated.
     (11) The board may require local matching funds as a condition of all grants and loans. The local match may be provided in funds or in-kind contributions. For grants or loans for land acquisition, the local match shall not include a donation by the property owner of any portion of the property to be acquired.