HB 1598 -
By Committee on Natural Resources, Ocean & Recreation
ADOPTED 04/13/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 77.85.130 and 2005 c 309 s 8, 2005 c 271 s 1, and
2005 c 257 s 3 are each reenacted and 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 statewide 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 77.85.060;
(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;
(iv) Will preserve high quality salmonid habitat; and
(v) Are included in a regional or watershed-based salmon recovery
plan that accords the project, action, or area a high priority for
funding.
(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;
(iii) Will be implemented by a sponsor with a successful record of
project implementation; ((and))
(iv) Involve members of the veterans conservation corps established
in RCW 43.60A.150; and
(v) Are part of a regionwide list developed by lead entities.
(3) The board may reject, but not add, projects from a habitat
project list submitted by a lead entity for funding.
(4) The board shall establish criteria for determining when block
grants may be made to a lead entity. The board may provide block
grants to the lead entity to implement habitat project lists developed
under RCW 77.85.050, subject to available funding. The board shall
determine an equitable minimum amount of project funds for each
recovery region, and shall distribute the remainder of funds on a
competitive basis. The board may also provide block grants to the lead
entity or regional recovery organization to assist in carrying out
functions described under this chapter. Block grants must be expended
consistent with the priorities established for the board in subsection
(2) of this section. Lead entities or regional recovery organizations
receiving block grants under this subsection shall provide an annual
report to the board summarizing how funds were expended for activities
consistent with this chapter, including the types of projects funded,
project outcomes, monitoring results, and administrative costs.
(5) 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.
(6) 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.
(7) Property acquired or improved by a project sponsor may be
conveyed to a federal agency if: (a) The agency agrees to comply with
all terms of the grant or loan to which the project sponsor was
obligated; or (b) the board approves: (i) Changes in the terms of the
grant or loan, and the revision or removal of binding deed of right
instruments; and (ii) a memorandum of understanding or similar document
ensuring that the facility or property will retain, to the extent
feasible, adequate habitat protections; and (c) the appropriate
legislative authority of the county or city with jurisdiction over the
project area approves the transfer and provides notification to the
board.
(8) Any project sponsor receiving funding from the salmon recovery
funding board that is not subject to disclosure under chapter 42.56 RCW
must, as a mandatory contractual prerequisite to receiving the funding,
agree to disclose any information in regards to the expenditure of that
funding as if the project sponsor was subject to the requirements of
chapter 42.56 RCW."
HB 1598 -
By Committee on Natural Resources, Ocean & Recreation
ADOPTED 04/13/2007
On page 1, line 2 of the title, after "recovery;" strike the remainder of the title and insert "and reenacting and amending RCW 77.85.130."