HB 2085 — Modifying the department of fish and wildlife's habitat recovery pilot program.

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This bill amends 1 section(s) of the Revised Code of Washington: RCW 77.55.480.

• RCW 77.55.480

  before the project applicant files an application under this section , , no fewer than 60 days before the application may be filed with the department → (viii) The Puget Sound national estuary program; (ix) The salmon recovery funding board; (x) The Washington coast restoration and resiliency initiative; (xi) The Yakima tributary access and habitat program; (xii) Fish recovery projects sponsored by a federally recognized tribe; and (xiii) Fish acclimation facility projects sponsored or operated by a federally recognized tribe. (b) A project application reviewed under this section must document consistency with local, state, and federal flood risk reduction requirements. A project may not be reviewed under the process created in this section if the local government within whose geographical jurisdiction the project will be located determines that the project does not meet applicable flood risk reduction requirements, or otherwise determines that the project raises concerns regarding public health and safety, and the local government provides timely notice of its determination to the department. (c)(i) With regard to cultural resources, a project applicant or funding agency must review the project with the department of archaeology and historic preservation and complete any required site surveys . A project applicant must document consistency in the application with applicable cultural resource protection requirements. (ii) A project applicant must provide a copy of its application to the department of archaeology and historic preservation and to affected federally recognized tribes . (iii) The department may not review a project under the expedited process created in this section if a cultural resource site is identified at the project site or if an affected federally recognized tribe withholds its consent that the project should be expedited according to the process set forth in this section. Such consent may be withheld upon a determination that the project may adversely impact cultural resources. Notice of such a determination must be provided to the department by the affected federally recognized tribe in a timely manner. (iv) In the event of an inadvertent discovery of cultural resources or human remains, the project applicant shall immediately notify the department, the department of archaeology and historic p. 2 HB 2085 preservation, and affected federally recognized tribes. In the event of an inadvertent discovery of cultural resources or human remains, existing requirements applicable to inadvertent discoveries of cultural resources and human remains, including those set forth in chapters 27.53, 27.44, and 68.60 RCW, apply. (d) For those projects that require a lease or other land use authorization from the department of natural resources, the project applicant must include in its application for a permit under this section a signed joint aquatic resources permit application, attachment E. The project applicant must provide a copy of a completed application to the department of natural resources no fewer than 30 days before the application may be filed with the department. The department of natural resources must make a final decision on applications for projects under this section within 30 days of the issuance of a permit under this section. (3) Fish recovery and fish habitat restoration projects meeting the criteria of subsection (2) of this section are expected to result in beneficial impacts to the aquatic environment. Projects approved for inclusion in this pilot program and that are reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030(2) and are not required to obtain local or state permits or approvals other than the permit issued under this section, except permits minimally necessary as a requirement of participation in a federal program. (4)(a) A permit under this chapter is required for projects that meet the criteria of subsection (2) of this section and must be reviewed and, if appropriate, approved under this section. An applicant shall use the department's online permitting system to appl

  amended

Action History

1. January 17, 2024

   Public hearing in the House Committee on Agriculture & Natural Resources at 8:00 AM.

2. January 08, 2024

   First reading, referred to Agriculture and Natural Resources.

3. January 02, 2024

   Prefiled for introduction.

Sponsors

• Kristine Reeves · Cosponsor
• Marcus Riccelli · Cosponsor
• Debra Lekanoff · Cosponsor
• My-Linh Thai · Cosponsor
• Joe Timmons · Cosponsor
• Alex Ramel · Cosponsor
• Julia Reed · Cosponsor
• Tarra Simmons · Cosponsor
• Beth Doglio · Cosponsor
• Greg Nance · Primary

Subjects