H-3639.1  _______________________________________________

                          HOUSE BILL 2406

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Regala and Buck

Read first time 01/12/2000.  Referred to Committee on Natural Resources.

Changing salmon recovery provisions.

    AN ACT Relating to salmon recovery projects and activities; amending RCW 75.46.010 and 75.46.170; and adding a new section to chapter 75.46 RCW.

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

    Sec. 1.  RCW 75.46.010 and 1998 c 246 s 2 are each amended to read as follows:

    The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

    (2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects.

    (3) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 75.46.070(2) that shall receive consideration for funding by the salmon recovery funding board.  Each project on the list must have a written agreement from the landowner on whose land the project will be implemented, and must be based on the limiting factors analysis conducted in RCW 75.46.070 when completed.

(4) "Habitat projects" or "projects" include but are not limited to habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project corrective maintenance and monitoring activities.  Projects that include the use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds shall receive consideration for funding.

    (((4))) (5) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle.  The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

    (((5))) (6) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon.  ((These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

    (6))) (7) "Project sponsor" is a county, city, special district, tribal government, state agency, a combination of such governments through interlocal or interagency agreement((s provided under chapter 39.34 RCW)), a nonprofit organization, or one or more private citizens.

    (((7))) (8) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production except for Atlantic salmon.

    (((8))) (9) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

    (((9))) (10) "Tribe" or "tribes" means federally recognized Indian tribes.

    (((10))) (11) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

    (((11))) (12) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.

(13) "Board" means the salmon recovery funding board created in RCW 75.46.150.

(14) "Listed stocks" means salmon and trout stocks that are listed or proposed for listing as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq.

(15) "SASSI" means the salmon and steelhead stock inventory report and appendices.

(16) "SSHIAP" means the salmon and steelhead habitat inventory and assessment project.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.46 RCW to read as follows:

    Any salmon recovery activities funded by the board must have as a principle purpose the protection and restoration of salmonid populations.  Salmon recovery activities may be conducted by local governments, tribes, other public entities, and private entities.  Salmon recovery activities may include, but are not limited to:  Preparation of stream corridor guidelines; programmatic permitting; preparation of geographic information system protocols; and the development of baseline hydrological data in areas in which at least one fish species is listed as endangered under the federal endangered species act due to the lack of sufficient flows, and the development of this baseline data is necessary for local governments and private citizens to respond effectively to the listing.

    Sec. 3.  RCW 75.46.170 and 1999 sp.s. c 13 s 5 are each 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 state-wide 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 75.46.070;

    (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 may reject, but not add, projects from a habitat project list submitted by a lead entity for funding.

    (4) 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) 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 75.46.070, 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) 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 75.46.060, 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) 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) The board shall establish a time limit for the completion of projects that are awarded funds under this section.  The time limit imposed by the board for completing projects shall be at least three years but may not exceed five years from the time the funds are awarded.  The board shall establish criteria allowing a project sponsor to access funds that were awarded for a project, without requiring the project sponsor to reapply to the board for these same funds in subsequent funding cycles.

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