AN ACT Relating to streamlining certain decisions pertaining to the development or extension of a trail or path from the state environmental policy act; and adding a new section to chapter 43.21C RCW.

(1) Decisions pertaining to the development or extension of a trail or path are categorically exempted from compliance with this chapter, and may not be subject to county or city ordinances or other regulations imposing equivalent requirements, if:

(a) The surface area of the proposed new trail or path or extension to an existing trail or path does not exceed 10 acres; and

(b) The proposed new trail or path or extension to an existing trail or path is located in whole or in part on a railroad right-of-way designated for interim trail use under 16 U.S.C. Sec. 1247 and within a city with a population of 500,000 or more.

(2) In addition to any other notice required by state or local law or regulation, a project exempted from compliance with this chapter under this section must post notice of the proposed trail, path, or extension on the property that will be used for the trail, path, or extension for at least 30 days prior to the action that will give final approval to the trail, path, or extension. This notice must be posted at both ends and in the middle of the proposed trail, path, or extension.

(3)(a) At the earliest possible date prior to the submittal of an application for a state or local license for the development or extension of a trail or path under this section, an applicant must request meaningful consultation with any federally recognized tribe that may be potentially affected by the proposed new trail or path or extension to an existing trail or path. Meaningful consultation must include discussion of the potential impacts to cultural resources and tribal treaty rights.

(b) An applicant must notify the affected federally recognized tribe of the proposed development using at least two methods, including by mail. Upon receiving a notice, the federally recognized tribe may initiate consultation to determine whether an agreement can be reached related to the development or extension of a trail or path. If an agreement is not reached, the parties must enter mediation. The exemption provided by this section shall take effect if the affected federally recognized tribe does not initiate consultation within 90 days of receipt of the written notice required by this subsection.

(a) "Extension to an existing trail or path" includes an addition to an existing trail or path that connects two existing segments of the trail or path.

(5) Improvements covered by this exemption include utilities and support infrastructure for trails and paths, including street improvements and crossings, lighting, signage, and surface water drainage, but not unrelated infrastructure improvements.