WSR 05-14-161

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ARCHAEOLOGY

AND HISTORIC PRESERVATION

[ Filed July 6, 2005, 10:29 a.m. ]

Subject of Possible Rule Making: The Department of Archaeology and Historic Preservation (DAHP) is proposing rules for implementing new legislation. SB 5056 (chapter 333, Laws of 2005) created the DAHP during the 2005 legislative session. The new department needs rules to implement its authority currently designated to the Office of Archaeology and Historic Preservation through the Department of Community, Trade and Economic Development (CTED). This is necessary in order to continue serving constituents without interruption and to function as a state agency.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 27.34.220, 27.53.140, 43.21C.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The DAHP will draft rules implementing changes made to chapter 27.53 RCW by HB 1189 (chapter 211, Laws of 2002). The rules will create guidelines under which the DAHP may issue penalties for violations of chapter 27.53 RCW and set standards and procedures for hearings on those penalties. New rules are also needed for the entirety of the department's functions, to implement its authority and serve its constituents and to function as a separate state agency pursuant to SB 5056 (chapter 333, Laws of 2005).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The National Park Service regulates the National Register of Historic Places and has regulations governing procedures for listing historic properties in the National Register of Historic Places (National Historic Preservation Act (as amended) 36 C.F.R. Part 60). DAHP rules will be compatible with this federal process. The National Park Service will be afforded the opportunity to comment. RCW 27.53.020 directs full cooperation between DAHP and other agencies of Washington. Other state and local agencies will be afforded the opportunity to comment on the proposed rules during the public comment period.

Process for Developing New Rule: DAHP will hold meetings and consult with affected parties to discuss the new rules. DAHP will request and consider comments from affected parties. This process is a continuation of the process begun while DAHP was an office within CTED.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publicationby contacting Allyson Brooks, Department of Archaeology and Historic Preservation, P.O. Box 48343, Olympia, WA 98504-8343, phone (360) 586-3065, fax (360) 586-3067, e-mail Allyson.Brooks@dahp.wa.gov. DAHP will conduct public information gathering sessions. DAHP will also solicit information and comments through a mailed request or comments.

July 8 [6], 2005

Allyson Brooks

State Historic

Preservation Officer

Washington State Code Reviser's Office