5914-SAMHNREPH2899.1SSB 5914H COMM AMDBy Committee on Natural Resources, Ecology & ParksADOPTED 04/07/2005 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 77.85.130 and 2000 c 107 s 102 and 2000 c 15 s 1 areeach reenacted and amended to read as follows: (1) The salmon recovery funding board shall develop procedures andcriteria for allocation of funds for salmon habitat projects and salmonrecovery activities on a statewide basis to address the highestpriorities for salmon habitat protection and restoration. To theextent practicable the board shall adopt an annual allocation offunding. The allocation should address both protection and restorationof habitat, and should recognize the varying needs in each area of thestate on an equitable basis. The board has the discretion to partiallyfund, or to fund in phases, salmon habitat projects. The board mayannually establish a maximum amount of funding available for anyindividual project, subject to available funding. No projects requiredsolely as a mitigation or a condition of permitting are eligible forfunding. (2)(a) In evaluating, ranking, and awarding funds for projects andactivities the board shall give preference to projects that: (i) Are based upon the limiting factors analysis identified underRCW 77.85.060; (ii) Provide a greater benefit to salmon recovery based upon thestock status information contained in the department of fish andwildlife salmonid stock inventory (SASSI), the salmon and steelheadhabitat inventory and assessment project (SSHIAP), and any comparablesciencebased 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 andactivities the board shall also give consideration to projects that: 1 (i) Are the most costeffective; (ii) Have the greatest matched or inkind funding; and (iii) Will be implemented by a sponsor with a successful record ofproject implementation. (3) The board may reject, but not add, projects from a habitatproject list submitted by a lead entity for funding. (4) For fiscal year 2000, the board may authorize the interagencyreview team to evaluate, rank, and make funding decisions forcategories of projects or activities or from funding sources providedfor categories of projects or activities. In delegating such authoritythe board shall consider the review team's staff resources, procedures,and technical capacity to meet the purposes and objectives of thischapter. The board shall maintain general oversight of the team'sexercise of such authority. (5) The board shall seek the guidance of the technical review teamto ensure that scientific principles and information are incorporatedinto the allocation standards and into proposed projects andactivities. If the technical review team determines that a habitatproject list complies with the critical pathways methodology under RCW77.85.060, it shall provide substantial weight to the list's projectpriorities when making determinations among applications for funding ofprojects within the area covered by the list. (6) The board shall establish criteria for determining when blockgrants may be made to a lead entity or other recognized regionalrecovery entity consistent with one or more habitat project listsdeveloped for that region. Where a lead entity has been establishedpursuant to RCW 77.85.050, the board may provide grants to the leadentity to assist in carrying out lead entity functions under thischapter, subject to available funding. The board shall determine anequitable minimum amount of funds for each region, and shall distributethe remainder of funds on a competitive basis. (7) The board may waive or modify portions of the allocationprocedures and standards adopted under this section in the award ofgrants or loans to conform to legislative appropriations directing analternative award procedure or when the funds to be awarded are fromfederal or other sources requiring other allocation procedures orstandards as a condition of the board's receipt of the funds. Theboard shall develop an integrated process to manage the allocation of 2 funding from federal and state sources to minimize delays in the awardof funding while recognizing the differences in state and legislativeappropriation timing. (8) The board may award a grant or loan for a salmon recoveryproject on private or public land when the landowner has a legalobligation under local, state, or federal law to perform the project,when expedited action provides a clear benefit to salmon recovery, andthere will be harm to salmon recovery if the project is delayed. Forpurposes of this subsection, a legal obligation does not include aproject required solely as a mitigation or a condition of permitting. (9) ((The board may condition a grant or loan to include therequirement that property may only be transferred to a federal agencyif the agency that will acquire the property agrees to comply with allterms of the grant or loan to which the project sponsor wasobligated.)) Property acquired or improved by a project sponsor may beconveyed to a federal agency((, but only)) if: (a) The agency agreesto comply with all terms of the grant or loan to which the projectsponsor was obligated; or (b) the board approves: (i) Changes in theterms of the grant or loan, and the revision or removal of binding deedof right instruments; and (ii) a memorandum of understanding or similardocument ensuring that the facility or property will retain, to theextent feasible, adequate habitat protections; and (c) the appropriatelegislative authority of the county or city with jurisdiction over theproject area approves the transfer and provides notification to theboard.--- END --- 3