_______________________________________________
ENGROSSED
SUBSTITUTE HOUSE BILL 2589
_______________________________________________
Passed
Legislature - 2000 Regular Session
State
of Washington 56th Legislature 2000 Regular Session
By
Read
first time 02/02/2000. Referred to Committee on .
Clarifying what projects are eligible for funding by the
salmon recovery funding board.
AN
ACT Relating to clarifying what projects are eligible for funding by the salmon
recovery funding board; and amending RCW 75.46.170.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
75.46.170 and 1999 sp.s. c 13 s 5 are each amended to read as follows:
(1)
The (([salmon recovery funding])) 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 may award a grant or loan for a salmon recovery project on private or
public land when the landowner has a legal obligation under local, state, or
federal law to perform the project, when expedited action provides a clear
benefit to salmon recovery, and there will be harm to salmon recovery if the
project is delayed. For purposes of this subsection, a legal obligation does
not include a project required solely as a mitigation or a condition of
permitting.
(9)
The board may condition a grant or loan to include the requirement that
property may only be transferred to a federal agency if the agency that will
acquire the property agrees to comply with all terms of the grant or loan to
which the project sponsor was obligated. Property acquired or improved by a
project sponsor may be conveyed to a federal agency, but only if the agency
agrees to comply with all terms of the grant or loan to which the project
sponsor was obligated.
