5327-S AMC CONF S3289

5327-S AMC CONF S3289.4

SSB 5327 - CONF REPT

By Conference Committee

ADOPTED 4/26/97

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. In an effort to increase the amount of habitat available for fish and wildlife, the legislature finds that it is desirable for the department of fish and wildlife, the department of natural resources, and other interested parties to work closely with private landowners to achieve habitat enhancements. In some instances, private landowners avoid enhancing habitat because of a concern that the presence of fish or wildlife may make future land management more difficult. It is the intent of this act to provide a mechanism that facilitates habitat development while avoiding an adverse impact on the landowner at a later date. The habitat incentives program is not intended to supercede any federal laws.

NEW SECTION. Sec. 2. (1) The department of fish and wildlife and the department of natural resources shall jointly initiate a habitat incentives program in two phases. In creating this program, the departments shall make use of and complement other study efforts underway relating to habitat protection and enhancement, including the department of fish and wildlife's review of the hydraulic project approval process and the forestry module under development for the forest practices board dealing with practices within riparian areas.

(2) In phase one, the department of fish and wildlife and the department of natural resources shall work with affected federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties to identify appropriate criteria and other factors necessary for implementation of the habitat incentives program. The departments in concert with the interested parties shall identify at least the following elements for implementation of the program:

(a) The factors and the approach that the departments should use in evaluating and weighing the benefits and concurrent risks of entering into a habitat incentives agreement with a landowner;

(b) The approach to be used in assigning responsibilities for implementation of the agreement to the landowner and to the departments;

(c) Assignment of responsibility for documentation of the conditions on a landowner's property prior to the departments entering into a habitat incentives agreement;

(d) The process to be used when a landowner who has entered into a habitat incentives agreement applies for hydraulic project approval or a forest practices permit during the term of the agreement;

(e) The process to be used to monitor and evaluate whether actions taken as a part of the agreement actually enhance habitat for the target species and to amend the agreement if the existing agreement is not enhancing habitat;

(f) The conditions under which the departments and the landowner may terminate the agreement and the remedies if either party breaches the terms of the agreement;

(g) The means for ensuring that the departments are notified if the property covered by the agreement is sold or otherwise transferred into other ownership;

(h) The process to be used for reaching concurrence between the landowner, the departments, the timber, fish, and wildlife cooperators, and affected federally recognized Indian tribes; and

(i) The process to be used in prioritizing proposed agreements if the requests for agreements exceed the funding available for entering into and implementing such agreements.

The departments and the interested parties may identify and propose solutions to other issues necessary in order to implement the habitat incentives program. The departments and the interested parties shall report to the legislature on their findings as well as on any other recommendations for implementation and funding for the habitat incentives program by December 1, 1997.

NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows:

(1) Beginning in January 1998, the department of fish and wildlife and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties. The program shall allow a private landowner to enter into an agreement with the departments to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species. In exchange, the landowner shall receive state regulatory certainty with regard to future applications for hydraulic project approval or a forest practices permit on the property covered by the agreement. The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date. A single agreement between the departments and a landowner may encompass up to one thousand acres. A landowner may enter into multiple agreements with the departments, provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres. The departments are not obligated to enter into an agreement unless the departments find that the agreement is in the best interest of protecting fish or wildlife species or their habitat.

(2) A habitat incentives agreement shall be in writing and shall contain at least the following: A description of the property covered by the agreement, an expiration date, a description of the condition of the property prior to the implementation of the agreement, and other information needed by the landowner and the departments for future reference and decisions.

(3) As part of the agreement, the department of fish and wildlife may stipulate the factors that will be considered when the department evaluates a landowner's application for hydraulic project approval under RCW 75.20.100 or 75.20.103 on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of natural resources and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of hydraulic project approval shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

(4) As part of the agreement, the department of natural resources may stipulate the factors that will be considered when the department evaluates a landowner's application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of fish and wildlife and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of forest practices permits shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

(5) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department. The agreement shall not be appurtenant with the land. However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the departments may jointly choose to retain the agreement on the property.

(6) If the departments receive multiple requests for agreements with private landowners under the habitat incentives program, the departments shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources.

NEW SECTION. Sec. 4. A new section is added to chapter 75.20 RCW to read as follows:

When a private landowner is applying for hydraulic project approval under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of natural resources as provided in section 3 of this act, the department shall comply with the terms of that agreement when evaluating the request for hydraulic project approval.

NEW SECTION. Sec. 5. A new section is added to chapter 76.09 RCW to read as follows:

When a private landowner is applying for a forest practices permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of fish and wildlife as provided in section 3 of this act, the department shall comply with the terms of that agreement when evaluating the permit application.

NEW SECTION. Sec. 6. (1) The sum of twelve thousand one hundred twenty-five dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to the department of fish and wildlife for the purposes of this act.

(2) The sum of twelve thousand one hundred twenty-five dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the department of fish and wildlife for the purposes of this act.

(3) The sum of twelve thousand one hundred twenty-five dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to the department of natural resources for the purposes of this act.

(4) The sum of twelve thousand one hundred twenty-five dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the department of natural resources for the purposes of this act."

SSB 5327 - CONF REPT

By Conference Committee

On page 1, line 1 of the title, after "enhancement;" strike the remainder of the title and insert "adding a new section to chapter 77.12 RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 76.09 RCW; creating new sections; and making appropriations."