Z-627 _______________________________________________
HOUSE BILL NO. 745
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State of Washington 50th Legislature 1987 Regular Session
By Representatives Hargrove, Beck, Scott, S. Wilson, Sayan, Brough, Sanders, Allen, Amondson, May and Hankins; by request of Governor Gardner and Commissioner of Public Lands
Read first time 2/6/87 and referred to Committee on Natural Resources.
AN ACT Relating to conveyance of state-owned aquatic lands and the relocation of harbor lines for the purpose of assisting the siting of a United States Navy base in Everett; and adding a new chapter to Title 79 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature recognizes the importance of economic development in the state of Washington, and finds that the location of a United States Navy base in Everett, Washington will enhance economic development. The legislature finds that the state should not assume liability or risks resulting from any action taken by the United States Navy, now or in the future associated with the dredge disposal program for that project known as confined aquatic disposal (CAD). The legislature also recognizes the importance of improving water quality and cleaning up pollution in Puget Sound. The legislature hereby declares these actions to be a public purpose necessary to protect the health, safety, and welfare of its citizens, and to promote economic growth and improve environmental quality in the state of Washington.
NEW SECTION. Sec. 2. (1) Upon application by the United States Navy, and upon verification of the legal description and compliance with the intent of this chapter, the commissioner of public lands is authorized to convey, or permit the use of the beds of navigable waters in Port Gardner Bay so the United States Navy can utilize a dredge spoil site solely for purposes related to construction of the United States Navy base at Everett. In carrying out this authority, the commissioner shall, if the conveyance is to be by deed, request that the governor execute the deed in the name of the state, attested to by the secretary of state. The commissioner is authorized to execute any other conveyance or authorization which conveys or authorizes the use of such lands to the United States Navy.
(2) The conveying document shall reserve for the state uses of the property and associated waters which are not inconsistent with the use of the bed by the Navy as a disposal site. The conveying document shall also include covenants or agreements under which the Navy:
(a) Will be responsible for any damage or liability related to the use of the property by the Navy, including but not limited to, responsibility to pay damages and undertake remedial actions required under any state or federal permit, requirement, or standard relating to water quality, hazardous substances, or fish, wildlife, or other natural resources;
(b) Will agree to comply with all state and federal permits, requirements, or standards related to the conduct of the dredging operation in Port Gardner Bay; and
(c) Will agree that the state may enforce such permits, requirements, or standards in any action brought under the provisions of the Clean Water Act, 33 U.S.C. Sec. 1251, et seq., the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901, et seq., or any other federal or state law.
NEW SECTION. Sec. 3. The department of natural resources is authorized to deed, by exchanges of property, to the United States Navy those tidelands necessary to facilitate the location of the United States Navy base in Everett. The harbor line commission shall modify harbor lines in Port Gardner Bay as necessary to facilitate the conveyance through exchange authorized in this section.
NEW SECTION. Sec. 4. Sections 1 through 3 of this act shall constitute a new chapter in Title 79 RCW.