SB 5753 — Concerning a cooperative agreement between the department of transportation and the Lummi Tribe of the Lummi Reservation, Washington concerning construction of a highway.

S-1775.1S-1622.1 SUBSTITUTE SENATE BILL 5753 State of Washington 68th Legislature 2023 Regular Session By SenateSenators TransportationShewmake (originallyand sponsoredLovelett byAN SenatorsACT ShewmakeRelating to a cooperative agreement between the department of transportation and Lovelett)the READLummi FIRSTTribe TIMEof 02/24/23.the Lummi Reservation, Washington concerning construction of a highway;

AN ACT Relating to a cooperative agreement between the department of transportation and the Lummi Nation concerning construction of a roadway;

(1) The department is authorized to enter into a cooperative agreement with the governing authority of the Lummi NationTribe of the Lummi Reservation and appropriate agencies of the United States for the location, design, right-of-way acquisition, construction, and maintenance of a public road beginning on Rural Avenue at the southern boundary of the Ferndale city limits, traveling across the property held in tribal trust status by the United States for the Lummi Nation, and connect to the approximate location of where the Ferndale city limits intersect Kope Road.

(a) "Agreement" means the cooperative agreement between the department, the governing authority of the Lummi Nation, and agencies p.

1 SSBSB 5753 (a) "Agreement" means the cooperative agreement between the department, the governing authority of the Lummi Tribe of the Lummi Reservation, and agencies of the United States, as authorized by subsection (1) of this section.

(b) "Roadway""Highway" means the public road segment constructed pursuant to the agreement authorized by subsection (1) of this section.

The Lummidepartment Nationmay shall assume responsibility for the operation and maintenance and future improvement of the roadway.highway.

The agreement shallmay also reserve to the governing authority of the Lummi NationTribe of the Lummi Reservation authority to construct road intersections or grade separation crossings of the roadway.highway.

The department is authorized to determine the location of the roadwayhighway inafter consultationconsultations with andthe approvalgoverning byauthority of the governingLummi authorityTribe of the Lummi Nation.Reservation and the bureau of Indian affairs.

The department may then proceed with the establishment of this section of the roadwayhighway andas transfera oflimited access facility in the roadwaymanner toprescribed in RCW 47.52.131 through 47.52.137 and 47.52.195 and the Lummiadministrative Nationrules adopted by the department to beimplement operatedthose andsections, maintainedsubject asto athe publicfollowing road.conditions:

(1) The access report required by RCW 47.52.131 shall be approved by the governing authority of the Lummi Tribe of the Lummi Reservation before public hearings;

and (2) the final limited access plan adopted pursuant to RCW 47.52.137 at the conclusion of the public hearing, or after any appeal from it has been decided, shall be approved by the governing authority of the Lummi Tribe of the Lummi Reservation and the bureau of Indian affairs before the right-of-way is acquired for this section of highway.

The department is authorized to acquire the remaining right-of- way for the roadwayhighway withby anpurchase easementor provided by thecondemnation Lummiunder Nation.state or federal eminent domain statutes.

The secretary pursuant to the agreement is authorized to convey by deed to the Lummi NationTribe the right-of-way to the entire roadway when fully acquired in return for a conveyance by the governing authority of the Lummi NationReservation to the stateright-of-way ofto Washington of a perpetual easement for public travel on the throughentire laneshighway and shoulders of the roadway when constructed.fully p.

The2 agreementSB may5753 alsoacquired authorizein return for a conveyance by the governing authority of the Lummi NationTribe toof convey to the UnitedLummi StatesReservation anto easementthe tostate construct,of maintain,Washington andof repaira roadwayperpetual improvementseasement iffor suchpublic antravel easementon isthe requiredthrough bylanes regulationsand shoulders of the bureauhighway ofwhen Indianconstructed. affairs.

The agreement may also authorize the governing authority of the Lummi Tribe of the Lummi Reservation to convey to the United States an easement to construct, maintain, and repair highway improvements if such an easement is required by regulations of the bureau of Indian affairs.

Except as otherwise provided by this act or by the agreement authorized by section 1 of this act, the department may proceed with p.the location, design, acquisition of right-of-way, construction, and maintenance of the highway as an agent of the governing authority of the Lummi Tribe of the Lummi Reservation in accordance with applicable state or federal law.

2 SSB 5753 the location, design, acquisition of right-of-way, and construction of the roadway.

After construction and turnback of the roadway to the Lummi Nation, the Lummi Nation will have the responsibility to maintain the roadway as a public road.

3 SSBSB 5753