WSR 14-13-071
(Salmon Recovery Funding Board)
[Filed June 13, 2014, 12:07 p.m., effective July 14, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Change the agency's name from the interagency committee for outdoor recreation to the recreation and conservation office and update statutory references.
Citation of Existing Rules Affected by this Order: Amending WAC 420-04-010 through 420-04-030, 420-04-060, 420-04-100, and 420-12-040.
Statutory Authority for Adoption: RCW 77.85.120 (1)(d).
Adopted under notice filed as WSR 14-08-087 on April 1, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 7, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 4, 2014.
Leslie Connelly
Natural Resource
Policy Specialist
Rules Coordinator
AMENDATORY SECTION (Amending WSR 01-04-052, filed 2/2/01, effective 3/5/01)
WAC 420-04-010 Definitions.
For purposes of Title 420 WAC, the definitions in RCW 77.85.010 apply. In addition, unless the context clearly indicates otherwise, the following definitions also apply:
"Acquisition" means the gaining of rights of public ownership by purchase, negotiation, or other means, of fee or less than fee interests in real property, and related interests such as water or mineral claims and use rights.
"Applicant" means any agency, person or organization that meets qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the board. Generally, eligible applicants for ((SRFB)) board funds include a state, local, tribal or special purpose government, a nonprofit organization, a combination of such governments, or a landowner for projects on its land.
"Application" means the form(s) developed and implemented for use by applicants in soliciting project funds administered by the board.
"Board" means the salmon recovery funding board (((SRFB))) created by chapter 13, Laws of 1999 1st sp. sess. (2E2SSB 5595), now codified as ((chapter 77.85)) RCW 77.85.110.
"Chair" means the chair of the board.
"Development" means the construction or alteration of facilities, the placement or removal of materials, or other physical activity to restore or enhance salmon habitat resources.
"Director" means the director of the ((IAC)) office or that person's designee, as described in RCW 79A.25.150, responsible for implementation of board activities under chapter((s 79A.25 and)) 77.85 RCW.
(("IAC" means the interagency committee for outdoor recreation (IAC), an executive state agency established under chapter 79A.25 RCW.))
"Lead entity" means the local organization or group designated under RCW 77.85.050.
"Manual(s)" means a compilation of state and federal policies, procedures, rules, forms, and instructions that have been assembled in manual form and which have been approved by the ((board)) office for dissemination by paper, electronic or other formats to all who may wish to participate in the board's grant program(s).
"Office" means the recreation and conservation office or the office of recreation and conservation as described in RCW 79A.25.010.
"Preliminary expense" means project costs incurred prior to board approval, other than site preparation/development costs, necessary for the preparation of a development project.
"Project" means the undertaking which is, or may be, funded in whole or in part with funds administered by the ((IAC)) office on behalf of the board.
"Project agreement" means a project agreement, supplemental agreement, intergovernmental agreement, or project contract between the ((IAC)) office acting on behalf of the board, and a project sponsor.
"Project sponsor" means an applicant under RCW 77.85.010(6) who has been awarded a grant of funds, and has a signed project agreement.
AMENDATORY SECTION (Amending WSR 01-04-052, filed 2/2/01, effective 3/5/01)
WAC 420-04-015 Address.
All communications with the board shall be directed to the ((IAC offices)) recreation and conservation office at the Natural Resources Building, 1111 Washington Street S.E., P.O. Box 40917, Olympia, Washington 98504-0917. Telephone (((360) 902-3000. Web site: 360-902-3000.
AMENDATORY SECTION (Amending WSR 01-04-052, filed 2/2/01, effective 3/5/01)
WAC 420-04-020 Organization and operations.
The board:
(1) Is an unsalaried body of ten members. Five members are citizens appointed by the governor from the public-at-large, with the consent of the senate, for a term of three years each. The other members are the:
(a) Commissioner of public lands;
(b) Director of the department of fish and wildlife;
(c) Director of the state conservation commission;
(d) Director of the department of ecology; and
(e) Secretary of transportation (or the designees of these individuals).
The five citizen members, including the chair, are voting members. The chair of the board is appointed by the governor from among the five citizen members.
(2) Is authorized and obligated to administer grant programs for salmon recovery, and related programs and policies.
(3) Performs and accomplishes work by a staff under the supervision of the ((IAC)) director appointed by the governor.
(4)(a) Conducts regular meetings, pursuant to RCW 42.30.075, according to a schedule it adopts in an open public meeting.
(b) May conduct special meetings at any time, pursuant to RCW 42.30.080, if called by the chair.
(c) Maintains an official record of its meetings in a recorded audio format, unless written minutes are otherwise indicated for logistical reasons.
(5) Defines a quorum as three of its voting members, with a preference that at least two of the agency members shall also be present.
(6) Adopts parliamentary meeting procedure generally as described in Robert's Rules of Order. Only voting members may make motions or formal amendments, but agency members may request the chair for leave to present a proposal for board consideration.
AMENDATORY SECTION (Amending WSR 01-04-052, filed 2/2/01, effective 3/5/01)
WAC 420-04-030 Manuals and waivers—Guidance.
(1) The board shall adopt one or more manuals that describe its general administrative policies, for use by grant applicants, potential applicants, project sponsors, and others. The board shall inform all applicants in any given grant cycle of the specific project application process and methods of review, including current evaluation tests and instruments, by explaining these items in the manuals or other publicly available formats. Manuals may be adopted for each grant cycle, or for a topical issue, and shall contain a clear statement of the applicability of the policies outlined. The board also instructs the director to use applicable ((IAC)) office administrative manuals for general guidance in the implementation of ((SRFB)) board grant contracts. These include ((IAC)) manuals regarding land acquisition, conservation easements, funded projects, and reimbursement procedures.
(2) Board policies, including those referenced in the manuals, shall be considered and approved by the board in an open public meeting. Notice of such considerations will be given by distribution of the agenda for the meeting, press releases, meeting notice in the Washington State Register, or other means.
(3) Project applicants, project sponsors, or other interested parties may petition the director for a waiver or waivers of those items within the manuals dealing with general administrative matters and procedures. Determinations on petitions for such waivers made by the director are subject to review by the board at the request of the petitioner.
(4) Petitions for waivers of subjects regarding board policy, and those petitions that in the judgment of the director require board review, shall be referred to the board for deliberation. Policy waivers may be granted after consideration by the board at an open public meeting.
AMENDATORY SECTION (Amending WSR 01-04-052, filed 2/2/01, effective 3/5/01)
WAC 420-04-060 Delegated authority.
Consistent with RCW 79A.25.240 and other applicable laws, the director is delegated the authority and responsibility to carry out policies and administrative functions of the board. This includes, but is not limited to, the authority to:
(1) Administer board programs ((at the offices of the IAC));
(2) Administer all applicable rules, regulations and requirements established by the board or reflected in the laws of the state;
(3) Implement board decisions; and
(4) Approve certain waiver requests or other administrative matters.
AMENDATORY SECTION (Amending WSR 01-04-052, filed 2/2/01, effective 3/5/01)
WAC 420-04-100 Public records access.
(1) The board is committed to public access to its public records. All public records of the board, as defined in RCW ((42.17.260)) 42.56.070 as now or hereafter amended, are available for public inspection and copying pursuant to this regulation, except as otherwise provided by law, including, but not limited to, RCW ((42.17.310 and 42.17.255 (Exemptions))) 42.56.050 and 42.56.210.
(2) The board's public records shall be available through the public records officer designated by the director. All records access for board records shall be conducted in the same manner as records access for ((IAC)) office records, including office location, hours, copy fee and request forms. The board adopts by reference the records access procedures of the ((IAC)) office and charges the director to administer for access purposes the board's records in the same manner as records of the ((IAC)) office are administered, pursuant to chapter 286-06 WAC.
(3) Any person who objects to the denial of a request for a public record of the board may petition the director for review by submitting a written request. The request shall specifically refer to the written statement which constituted or accompanied the denial.
(4) After receiving a written request for review of a decision denying inspection of a public record, the director, or designee, will either affirm or reverse the denial by the end of the second business day following receipt according to RCW ((42.17.320)) 42.56.520. This shall constitute final board action. Whenever possible in such matters, the director or designee shall consult with the board's chair and members.
AMENDATORY SECTION (Amending WSR 01-04-052, filed 2/2/01, effective 3/5/01)
WAC 420-12-040 Eligible matching resources.
(1) Applicant resources used to match board funds may include: Cash, certain federal funds, the value of privately owned donated real estate, equipment, equipment use, materials, labor, or any combination thereof. The specific eligible matches for any given grant cycle shall be detailed in the published manual. The director shall require documentation of values.
(2) Agencies and organizations may match board funds with other state funds, including ((IAC)) recreation and conservation funding board funds, so long as the other state funds are not administered by the board and if otherwise allowed by state law. For the purposes of this subsection, grants issued by other agencies under the Jobs for Environment program and the Forests & Fish program are not considered to be administered by the board.
(3) Private donated real property, or the value of that property, must consist of real property (land and facilities) that would otherwise qualify for board grant funding.
(4) The eligibility of federal funds to be used as a match is governed by federal requirements and thus may vary with individual proposals and grant cycles.