Subject of Possible Rule Making: Washington Department of Natural Resources (DNR) is considering amending chapter 332-41 WAC, SEPA policies and procedures rules.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 43.21C RCW. The state Department of Ecology's SEPA rules WAC 197-11-902(2), 197-11-904(1), and the Administrative Procedure Act, chapter 34.05 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes to the state Department of Ecology's SEPA rules, chapter 43.21C RCW and chapter 197-11 WAC, for which DNR's SEPA policies and procedures rules are promulgated from, have changed since chapter 332-41 WAC was last amended. The department's SEPA policies and procedures rules have not been updated since 1992, and most of the chapter has been in effect since 1984. Since then, referenced RCWs and WACs have been recodified and changes to the public land definition have occurred. Language needs additional clarification in some parts of chapter 332-41 WAC also.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington State Department of Ecology's (ecology's) SEPA rules (chapter 43.21C RCW and chapter 197-11 WAC) regulates agencies' SEPA policies and procedures rules. Any updates to DNR's SEPA policies and procedures rules will need to be consistent with ecology's SEPA rules. Ecology will have the opportunity to review any updates prior to DNR adopting any amendments during the CR-102 process.

     Process for Developing New Rule: A hearing will be held during the CR-102 process and the public comment period to allow the public and other state agencies an opportunity to provide input to any amendments that are proposed to chapter 332-41 WAC.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Washington Department of Natural Resources, Cynthia R. Pratt, Environmental and Legal Strategies Section, Asset Management and Planning Division, P.O. Box 47014, Olympia, WA 98504-7014, Cynthia.pratt@wadnr.gov, (360) 902-1633.

November 23, 2005

Bonnie Bunning

Executive Director of

Policy and Administration