Title 420 WAC — Recreation and Conservation Office (Salmon Recovery Funding Board)

Chapter 420-04 General.

Wash. Admin. Code § 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 project" means a project that purchases or receives a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access or trail easements, covenants, water rights, leases, and mineral rights.

"Agreement" or "project agreement" means the accord accepted by the office and the sponsor for the project and includes any attachments, addendums, and amendments, and any intergovernmental agreements or other documents that are incorporated into the project agreement subject to any limitations on their effect.

"Applicant" means any party that meets qualifying standards as described in RCW 77.85.010(6), including deadlines, for submission of an application soliciting a grant of funds from the board.

"Application" means the documents and other materials that an applicant submits to the office to support the applicant's request for grant funds.

"Board" means the salmon recovery funding board as described in RCW 77.85.110.

"Capacity funding" is a grant to lead entities and regional organizations as described in RCW 77.85.130(4) to assist in carrying out functions to implement chapter 77.85 RCW.

"Chair" means the chair of the board described in RCW 77.85.110.

"Citizens committee" means a committee established by a lead entity that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other habitat interests as described in RCW 77.85.050.

"Director" means the director of the office or that person's designee, as described in RCW 79A.25.150.

"Enhancement project" or "hatchery and harvest enhancement project" means a project that supports hatchery reform to improve hatchery effectiveness to minimize impacts to wild fish populations, ensure compatibility between hatchery production and salmon recovery programs, or support sustainable fisheries.

"Habitat project list" means the list of projects as described in RCW 77.85.010(3) compiled by a citizens' committee and submitted by a lead entity to the board as described in RCW 77.85.050(3). The habitat project list shall establish priorities for individual projects and define the sequence for project implementation as described in RCW 77.85.050. The list of projects in the habitat project list must be within the lead entity area as described in RCW 77.85.050(2). The habitat project list includes the lead entity ranked project list.

"Initiating governments" means the counties, cities, and tribal governments that choose to participate in the formation of a lead entity area.

"Lead entity" means a city, county, conservation district, special purposes district, tribal government, regional recovery organization or other entity that is designated jointly by any one or more of the counties, cities, and Native American tribes within the lead entity area as described in RCW 77.85.050.

"Lead entity area" means the geographic area designated jointly by any one or more of the counties, cities, and Native American tribes within that area, which is based, at a minimum, on a watershed resource inventory area, as described in RCW 77.85.010(13), combination of water resource inventory areas, or any other area as described in RCW 77.85.050(2) that does not overlap with another lead entity area for the same salmon species.

"Lead entity ranked project list" means those projects on the habitat project list that will be implemented in the current funding cycle per RCW 77.85.010(4) and as described in RCW 77.85.060.

"Manual(s)" means a compilation of state and federal laws; board rules, policies and procedures; and director procedures, forms, and instructions assembled in manual form for dissemination to parties that participate in the board's or office's grant program(s).

"Match" or "matching share" means the portion of the total project cost in the project agreement provided by the project sponsor.

"Monitoring or research project" means a project that monitors the effectiveness of salmon recovery restoration actions, or provides data on salmon populations or their habitat conditions.

"Noninitiating governments" means the counties, cities, and tribal governments that decline to participate in the selection of a lead entity area. Any government that declines to participate in the formation of a lead entity area, with or without formal notification, is a noninitiating government. Noninitiating governments may participate in other functions of the lead entity.

"Office" means the recreation and conservation office as described in RCW 79A.25.010.

"Planning project" means a project that results in a study, assessment, project design, or inventory.

"Preagreement cost" means a project cost incurred before the period of performance identified in the project agreement.

"Project" means the undertaking which is, or may be, funded in whole or in part with funds administered by the office on behalf of the board.

"Project area" means the area consistent with the geographic limits of the scope of work of the project. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired in the project.

"Regional recovery organization" or "regional salmon recovery organization" means an organization described in RCW 77.85.010(7).

"Reimbursement" means the payment of funds from the office to the sponsor for eligible and allowable project costs that have already been paid by the sponsor per the terms of an agreement.

"Restoration project" means to bring a site back to its historic function as part of a natural ecosystem or improving or enhancing the ecological functionality of a site.

"Salmon recovery region" means a geographic area as described in RCW 77.85.010(10).

"Sponsor" means an eligible applicant under RCW 77.85.010(6) who has been awarded a grant of funds and is bound by an executed project agreement; includes its officers, employees, agents, and successors.

History

• Statutory Authority: RCW 77.85.120 (1)(d). WSR 20-01-114, § 420-04-010, filed 12/16/19, effective 1/16/20. Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-04-010, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 77.85.120 (1)(d). WSR 14-13-071, § 420-04-010, filed 6/13/14, effective 7/14/14. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-04-010, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-04-015 Address.

All communications with the board, office, director and staff shall be directed to the 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, fax 360-902-3026, website www.rco.wa.gov.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-04-015, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 77.85.120 (1)(d). WSR 14-13-071, § 420-04-015, filed 6/13/14, effective 7/14/14. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-04-015, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-04-020 Duties of the board.

(1) The board was created by the legislature in the Salmon Recovery Funding Act of 1999 (section 3, chapter 13, Laws of 1999 special session) codified in RCW 77.85.110.

(2) Membership of the board is defined in RCW 77.85.110.

(3) The board is authorized to:

(a) Allocate and administer funds for salmon habitat projects and salmon recovery activities from amounts appropriated by the legislature as described in RCW 77.85.120;

(b) Develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a statewide basis to address the highest priorities for salmon habitat protection and restoration as described in RCW 77.85.130(1);

(c) Adopt an annual allocation of funding as described in RCW 77.85.130(1);

(d) Establish a maximum amount of funding available for any individual project as described in RCW 77.85.130(1);

(e) Establish criteria for determining the award of grants for capacity funding as described in RCW 77.85.130(4);

(f) Give preference and consideration to projects as described in RCW 77.85.130(2);

(g) Require applicants to incorporate the environmental benefits of the project into their grant applications, and utilize the statement of environmental benefits in its prioritization and selection process as described in RCW 77.85.135;

(h) Adopt procedures for lead entities to submit habitat project lists as described in RCW 77.85.050, including establishing the submission deadlines;

(i) May reject, but not add, projects from a habitat project list submitted by a lead entity for funding as described in RCW 77.85.130(3);

(j) Develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program as described in RCW 77.85.135; and

(k) Provide the legislature with a list of the proposed projects and a list of the projects funded as described in RCW 77.85.140.

(4) The board does not own or operate any salmon recovery properties or facilities.

(5) The board is not a public hearings board and does not decide land use issues. To the extent possible, all project proposals should demonstrate adequate public notification and review and have the support of the public body applying for the grant or where the project is located.

(6) The office, under the supervision of the director appointed by the governor, performs and accomplishes work on behalf of the board.

(7) The board:

(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;

(d) Defines a quorum as three of its voting members, with a preference that at least two of the agency members shall also be present; and

(e) 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.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-04-020, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 77.85.120 (1)(d). WSR 14-13-071, § 420-04-020, filed 6/13/14, effective 7/14/14. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-04-020, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-04-030 Policies and procedures.

(1) The board shall adopt plans, policies, and procedures per the duties of the board as described in WAC 420-04-020. Board policies 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, formal meeting notice in the Washington State Register, or other such means as appropriate.

(2) The director shall approve procedures per the duties of the director in WAC 420-04-060 (1)(c).

(3) The office shall publish the policies and the procedures and make them available to applicants, sponsors, and other interested parties.

(4) Applicants, sponsors, or other interested parties may petition the director for a waiver or waivers of those items dealing with administrative procedures. The director may refer any petition on an administrative procedure to the board for determination. Determinations on petitions for such waivers made by the director are subject to review by the board at the request of the petitioner.

(5) Applicants, sponsors, or other interested parties may petition the board for a waiver or waivers of those items dealing with policy and procedures. Petitions for waivers of subjects regarding board policy and procedures, those petitions referred by the director to the board, and determinations made in subsection (4) of this section at the request of a petitioner, shall be considered by the board at an open public meeting.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-04-030, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 77.85.120 (1)(d). WSR 14-13-071, § 420-04-030, filed 6/13/14, effective 7/14/14. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-04-030, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-04-060 Director's authority.

(1) 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:

(a) Provide staff support to the board as described in RCW 77.85.110;

(b) Provide all necessary grants and loans administration assistance to the board, and distribute funds as provided by the board in RCW 77.85.130 as described in RCW 77.85.120;

(c) Approve all procedures, except the procedures for lead entities to submit habitat project lists described in WAC 420-04-020 (3)(h), to implement the board's policies and general grant administration;

(d) Enter into contracts and agreements with applicants upon approval of the board;

(e) Administer all applicable rules, regulations and requirements established by the board or reflected in the laws of the state;

(f) Implement board decisions;

(g) Approve certain waiver requests as described in WAC 420-04-030 and certain amendments to project agreements as determined by board policy;

(h) Appoint such technical and other committees as may be necessary to carry out the purposes of this chapter; and

(i) Approve the contents, requirements and format for receiving grant applications.

(2) The director may waive the board's administrative rules or policies only after the board has delegated such authority in an open public meeting.

(3) Consistent with chapter 77.85 RCW and other applicable laws, the director has authority and responsibility to carry out actions to support salmon recovery. This includes, but is not limited to, the authority to:

(a) Administer funding to support the functions of lead entities as described in RCW 77.85.050;

(b) Provide administrative support to the governor's salmon recovery office as described in RCW 77.85.030;

(c) Track all funds allocated for salmon habitat projects and salmon recovery activities on behalf of the board, including both funds allocated by the board and funds allocated by other state or federal agencies for salmon recovery or water quality improvement as described in RCW 77.85.140;

(d) Produce a biennial report on the statewide status of salmon recovery and watershed health, summarize projects and programs funded by the salmon recovery funding board, and summarize progress as measured by high-level indicators and state agency compliance with applicable protocols established by the forum for monitoring salmon recovery and watershed health as described in RCW 77.85.020; and

(e) Administer other programs related to salmon recovery as delegated by the legislature, governor, or through interagency agreements with other state agencies.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-04-060, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 77.85.120 (1)(d). WSR 14-13-071, § 420-04-060, filed 6/13/14, effective 7/14/14. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-04-060, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-04-065 Duties of the governor's salmon recovery office.

The purpose and duties of the governor's salmon recovery office are described in RCW 77.85.030. Among other duties, the governor's salmon recovery office must maintain and revise a statewide salmon recovery strategy as described in RCW 77.85.150.

History

• Statutory Authority: RCW 77.85.120 (1)(d). WSR 20-01-114, § 420-04-065, filed 12/16/19, effective 1/16/20.

Wash. Admin. Code § 420-04-070 Compliance with the State Environmental Policy Act and other laws.

(1) The board's and office's activities and programs are exempt from threshold determinations and environmental impact statement requirements under the provisions of WAC 197-11-875.

(2) To the extent applicable, it is the responsibility of sponsors to comply with the provisions of chapter 197-11 WAC, the State Environmental Policy Act rules and comply with all applicable federal, state, and local laws and regulations regardless of whether the sponsor is a public or private organization.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-04-070, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-04-070, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-04-080 Petitions for declaratory order of a rule, order, or statute.

(1) Any person may submit a petition for a declaratory order pursuant to RCW 34.05.240 in any written form so long as it:

(a) Clearly states the question the declaratory order is to answer; and

(b) Provides a statement of the facts which raise the question.

(2) The director may conduct an independent investigation in order to fully develop the relevant facts.

(3) The director will present the petition to the board at the first meeting when it is practical to do so and will provide the petitioner with at least five days notice of the time and place of such meeting. Such notice may be waived by the petitioner.

(4) The petitioner may present additional material and/or argument at any time prior to the issuance of the declaratory order.

(5) The board may decide that a public hearing would assist its deliberations and decisions. If such a hearing is ordered, it will be placed on the agenda of a meeting and at least five days notice of such meeting shall be provided to the petitioner.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-04-080, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-04-080, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-04-085 Petitions for adoption, amendment, or repeal of a rule.

Any person may submit a petition requesting the adoption, amendment or repeal of any rule by the board, pursuant to RCW 34.05.330 and the uniform rules adopted by the office of financial management that are set forth in chapter 82-05 WAC.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-04-085, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-04-085, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-04-100 Public records.

(1) The board is committed to public access to its public records. All public records of the board, as defined in RCW 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 42.56.050 and 42.56.210.

(2) The board's public records shall be available through the public records officer designated by the director. All access to the board's records shall be conducted in the same manner as in chapter 286-06 WAC.

(3) The office will include language in the project agreement that requires sponsors that are not subject to public disclosure requirements under chapter 42.56 RCW to disclose any information in regards to funding as if the sponsor were subject to chapter 42.56 RCW (RCW 77.85.130(8)).

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-04-100, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 77.85.120 (1)(d). WSR 14-13-071, § 420-04-100, filed 6/13/14, effective 7/14/14. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-04-100, filed 2/2/01, effective 3/5/01.

Chapter 420-08 Local and regional organization rules.

Wash. Admin. Code § 420-08-010 Forming a lead entity.

(1) All counties, cities, and tribal governments within a lead entity area must have an opportunity to determine whether they wish to initiate the formation of a lead entity area and the selection of a lead entity.

(2) Initiating governments must jointly designate, by resolution or letters of support, a lead entity area and select an entity or organization to act as a lead entity through an adopted resolution or letter of support as described in RCW 77.85.050.

(3) If a lead entity and lead entity area already exists and the initiating governments agree that the lead entity should be changed to another organization, they must do so by following subsections (1) and (2) of this section.

(4) If a noninitiating government decides to participate in the lead entity after it has been acknowledged by the office, they must adopt a resolution or letter of support and provide it to the office. Noninitiating governments may participate in other salmon recovery activities described in this title.

History

• Statutory Authority: RCW 77.85.120 (1)(d). WSR 20-01-114, § 420-08-010, filed 12/16/19, effective 1/16/20.

Wash. Admin. Code § 420-08-020 Duties of a lead entity and citizens committee.

(1) A lead entity administers a local process to identify salmon habitat restoration and acquisition projects and activities that support salmon recovery efforts critical to implementing salmon recovery plans. To accomplish this purpose, a lead entity must hire a coordinator to:

(a) Facilitate the work of a citizens committee;

(b) Work closely with a regional salmon recovery organization, if within a recognized region, to develop a local strategy to restore salmon habitat that meets the needs identified in a salmon recovery plan; and

(c) Recruit organizations to implement salmon habitat restoration projects and activities identified in a local strategy.

(2) A lead entity must establish a citizens committee as described in RCW 77.85.050. A lead entity, or its fiscal agent, shall not designate itself as the citizens committee. A lead entity shall not make decisions on behalf of the citizens committee. The citizen committee must be comprised of people within the lead entity area that represent initiating governments, businesses, interest groups, and private citizens interested in salmon recovery. The citizen committee may include noninitiating governments.

(3) A lead entity must adopt a conflict of interest policy consistent with state guidance that applies to the lead entity and the citizens committee and other committees convened by the lead entity.

(4) The main purpose of a citizens committee is to develop a habitat project list as described in RCW 77.85.050, including a lead entity ranked list, that:

(a) Is based on the critical pathways methodology as described in RCW 77.85.060;

(b) Gives a preference for funding projects in areas that contain salmon species listed or proposed for listing under the federal Endangered Species Act as described in RCW 77.85.050 or supports tribal treaty fishing rights;

(c) Defines a sequence for project implementation and establishes priorities for individual projects as described in RCW 77.85.050 Habitat project lists; and

(d) Identifies federal, state, local, or private funding sources for individual projects as described in RCW 77.85.050.

(5) A lead entity must submit a habitat project list compiled by a citizens committee, including a lead entity ranked project list, to the board by the deadline established by the board and described in RCW 77.85.140. A lead entity must not reorder or substantively alter the habitat project list compiled by a citizens committee without citizens committee's approval.

(6) A citizens committee or lead entity may designate a local technical advisory group as described in RCW 77.85.060. The main purpose of a local technical advisory group is to:

(a) Assist in evaluating the technical merits of individual projects to ensure projects are scientifically valid;

(b) Assist with implementing the critical pathways methodology, including limiting factors analyses;

(c) Advise on prioritizing projects; and

(d) Provide consultation to project sponsors and landowners on how to implement projects.

History

• Statutory Authority: RCW 77.85.120 (1)(d). WSR 20-01-114, § 420-08-020, filed 12/16/19, effective 1/16/20.

Wash. Admin. Code § 420-08-030 Duties of a regional recovery organization.

(1) The main purpose of a regional recovery organization is to coordinate salmon recovery planning and implementation. A regional recovery organization works directly with the federal government to develop, implement, and monitor a regional salmon recovery plan. A regional recovery organization also works directly with the lead entities within the salmon recovery region to develop and implement the recovery plan.

(2) A regional organization may be selected as a lead entity per WAC 420-08-010 Forming a lead entity.

(3) Lead entities within a salmon recovery region may request the governor's salmon recovery office to recognize them as a regional salmon recovery organization as described in RCW 77.85.090 except for those lead entities within the areas covered by the Lower Columbia fish recovery board and Puget Sound leadership council.

(4) A regional organization must submit all federally recognized salmon recovery plans and amendments to the governor's salmon recovery office for incorporation into the statewide salmon recovery strategy.

(5) A regional organization shall advise the board on whether a project on a habitat project list submitted by a lead entity is a priority in the regional salmon recovery plan or strategy. The board will consider the regional organizations advice before it makes a decision on whether to fund a project.

History

• Statutory Authority: RCW 77.85.120 (1)(d). WSR 20-01-114, § 420-08-030, filed 12/16/19, effective 1/16/20.

Wash. Admin. Code § 420-08-040 Capacity funding.

(1) The board may award capacity grants to regional salmon recovery organizations as described in RCW 77.85.030 and 77.85.090 and lead entities as described under RCW 77.85.130 for administrative support to implement salmon recovery activities. The governor's salmon recovery office shall administer capacity grants through an executed agreement as described in RCW 77.85.050.

(2) The office will execute an agreement for a capacity grant to a lead entity after the initiating governments select a lead entity area and a lead entity. If the office has an existing agreement for a capacity grant and a lack of consensus on a lead entity area or a lead entity develops, the office may suspend, terminate, or fail to renew the agreement with that lead entity until the initiating governments agree.

History

• Statutory Authority: RCW 77.85.120 (1)(d). WSR 20-01-114, § 420-08-040, filed 12/16/19, effective 1/16/20.

Chapter 420-12 Grant assistance rules.

Wash. Admin. Code § 420-12-010 Scope of chapter.

(1) This chapter contains general rules for grant program eligibility, applications, and projects funded with money from or through the board.

(2) The director may apply the rules in this chapter to programs administered by the office but which are not subject to the board's approval.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-010, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-010, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-12-020 Application requirements and the evaluation process.

(1) The board shall adopt a technical review and evaluation process to guide it in allocating funds to and among applicants. The board's technical review and evaluation process for applications and habitat project lists shall:

(a) Be developed, to a reasonable extent, through the participation of interested parties and specialists, and include best available science;

(b) Consider regional recovery plans goals, objectives, and strategies;

(c) Be adopted by the board in open public meetings;

(d) Be made available in published form to interested parties;

(e) Be designed for use by an independent state technical review panel or team of evaluators with relevant expertise when selected for this purpose; and

(f) Be in accord with RCW 77.85.130, 77.85.135, and 77.85.240 and other applicable statutes.

(2) The office shall administer the technical review and evaluation process adopted by the board and prepare funding options or recommendations for the director to present for the board's consideration.

(3) The office shall inform all applicants of the application requirements and the technical review and evaluation process. All grant requests must be completed and submitted to the office in the format prescribed by the director.

If the director determines that the applicant is eligible to apply for federal funds administered by the board, the applicant must execute any additional forms necessary for that purpose.

(4) All applications for funding submitted to the office that meet the application requirements will be referred to the director for review and recommendations. In reaching a recommendation, the director shall seek the advice and counsel of the office's staff and other recognized experts, including an independent state technical review panel or team of evaluators or from other parties with relevant experience.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-020, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-020, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-12-030 Grant program deadlines.

(1) Applications must be submitted by the due date approved by the board. Unless otherwise authorized by the board, the director and staff have no authority to extend the application filing deadlines. Excepted are applications for programs where the director specifically establishes another deadline to accomplish new or revised statutory direction, board direction, or to meet a federal grant application deadline.

(2) To prepare a project agreement, certain documents or materials in addition to the application may be required by the office. These documents or materials must be provided by the applicant to the office at least two calendar months after the date the board or director approves funding for the project or earlier to meet a federal grant program requirement. After this period, the board or director may rescind the offer of grant funds and reallocate the grant funds to another project(s).

(3) An applicant has three calendar months from the date the office sends the project agreement to sign and return the agreement to the office. After this period, the board or director may reject any agreement not signed and returned, and reallocate the grant funds to another project(s).

(4) Compliance with the deadlines is required unless it is extended by the board or director. Such extensions are considered based on several factors which may vary with the type of extension requested, including any one or more of the following:

(a) Current status and progress made to meet the deadline;

(b) The reason the established deadline could not be met;

(c) When the deadline will be met;

(d) Impact on the board's evaluation process;

(e) Equity to other applicants; and

(f) Such other information as may be relevant.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-030, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-030, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-12-040 Eligible matching resources.

(1) Applicant resources used to match board funds must be eligible in the grant program. Sources of matching resources include, but are not limited to, any one or more of the following:

(a) Appropriations and cash;

(b) Value of the applicant's expenses for labor, materials, and equipment;

(c) Value of donated real property, labor, services, materials, and equipment use; and

(d) Grant funds.

(2) Agencies and organizations may match board funds with other state funds, including 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) 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.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-040, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 77.85.120 (1)(d). WSR 14-13-071, § 420-12-040, filed 6/13/14, effective 7/14/14. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-040, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-12-045 Final decision.

(1) The board shall review recommendations from the director for grant awards at regularly scheduled open public meetings.

(2) The board retains the authority and responsibility to accept or deviate from the director's recommendations and make the final decision concerning the funding of an application or change to a funded project. Unless otherwise required by law, the board's decision is the final decision.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-045, filed 3/17/16, effective 4/17/16.

Wash. Admin. Code § 420-12-050 Project agreement.

(1) For every funded project, an agreement shall be executed within the deadlines in WAC 420-12-030 and as provided in this section.

(2) The project agreement shall be prepared by the office after approval of the project by the board at a public meeting. The project agreement is executed upon the signature of the office and the applicant and the parties are then bound by the agreement's terms. The applicant shall not proceed until the project agreement has been executed, unless specific authorization pursuant to WAC 420-12-070 has been given by the director.

(3) If the project is approved by the board to receive a grant from federal funds, the director shall not execute an agreement or amendment with the applicant until federal funding has been authorized through execution of an agreement with the applicable federal agency.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-050, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-050, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-12-060 Disbursement of funds.

(1) Except as otherwise provided in this chapter, the office will authorize disbursement of project funds only on a reimbursable basis at the percentage identified in the project agreement after the sponsor has presented an invoice documenting costs incurred and compliance with the provisions of the project agreement.

(2) The amount of reimbursement may never exceed the cash spent on the project by the sponsor.

(3) Reimbursement shall not be approved for any donations, including donated real property.

(4) Direct payment to an escrow account of the office's share of the approved cost of real property and related costs may be made following office approval when the sponsor indicates a temporary lack of funds to purchase the property on a reimbursement basis. Prior to release of the office's share into escrow, the sponsor must provide the office with a copy of a binding agreement between the sponsor and the seller, all required documentation, and evidence of deposit of the sponsor's share, identified in the project agreement, into an escrow account.

(5) Advance payments may be made in limited circumstances only, pursuant to the policy outlined in the adopted reimbursement manual.

(6) As required by RCW 77.85.140, sponsors who complete salmon habitat projects approved for funding from habitat project lists will be paid by the board within thirty days of project completion. This means the board will issue a reimbursement within thirty days of the sponsor's completion of the billing requirements described in the board's reimbursement policy manual.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-060, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 77.85.120 (1). WSR 02-05-050, § 420-12-060, filed 2/15/02, effective 3/18/02. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-060, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-12-070 Retroactive, preagreement, and increased costs.

(1) Unless otherwise provided in this chapter, the office shall not approve the disbursement of funds for costs incurred before execution of a project agreement.

(2) The office will only reimburse costs that occur within the period of performance in the project agreement.

(3) The director may grant a waiver of retroactivity for acquiring real property whenever an applicant asserts, in writing, the justification for the critical need to purchase the property in advance of the project agreement along with any documentation required by the director. When evidence warrants, the director may grant the applicant permission to proceed prior by issuing a written waiver. This waiver of retroactivity will not be construed as an approval of the proposed project. If the project is subsequently approved, however, the costs incurred will be eligible for grant funding. If the project is to remain eligible for funding from federal funds, the director shall not authorize a waiver of retroactivity to the applicant until the federal agency administering the federal funds has issued its own waiver of retroactivity as provided under its rules and regulations. A waiver may be issued for more than one grant program.

(4) The only retroactive acquisition, development, and restoration costs eligible for grant funding are preagreement costs as defined by the board.

(5) Cost increases for approved projects may be granted by the board or director if financial resources are available.

(a) Each cost increase request will be considered on its merits.

(b) The director may approve a cost increase delegated by the board. The director's approval of an acquisition project cost increase is limited to a parcel-by-parcel appraised and reviewed value.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-070, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-070, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-12-075 Nonconformance and repayment.

Any project cost deemed by the board or director to conflict with applicable statutes, rules and/or related manuals, or the project agreement, must be repaid, upon written request by the director, to the appropriate state account per the terms of the project agreement. Such repayment requests may be made in consideration of an applicable report from the state auditor's office.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-075, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-075, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-12-080 Acquisition project long-term obligations.

(1) Without prior approval of the board, the project area of a facility or property acquired with money granted by the board shall not be converted to a use other than that for which funds were originally approved. The board shall only approve such a conversion under conditions which assure the substitution of other land that is eligible for grant funding and of at least equal fair market value at the time of conversion, and of as nearly feasible equivalent usefulness and location.

(2) For acquisition projects of perpetual interest in real property, sponsors must execute a binding instrument(s) which contains the following provisions:

(a) A legal description of the property acquired with grant funds which defines the project area;

(b) A conveyance to the state of Washington of the right to use the described real property forever for the designated salmon habitat protection purposes; and

(c) A restriction on conversion of use of the land.

(3) For acquisition of nonperpetual interests in real property, except for leases, sponsors must execute a binding instrument(s) which contains the following provisions:

(a) A legal description of the property acquired which defines the project area;

(b) A conveyance to the state of Washington of the right to use the described real property for the term of the nonperpetual interest for the designated salmon habitat protection purposes; and

(c) A restriction on conversion of use of the land.

(4) For acquisition of lease interests, sponsors must execute a binding instrument(s) which contains a legal description of the project area and rights acquired which:

(a) Must be for at least fifty years unless precluded by state law;

(b) May not be revocable at will;

(c) Must have a value supported through standard appraisal techniques;

(d) Must be paid for in lump sum at initiation; and

(e) May not be converted, during the lease period, to a use other than that for which funds were originally approved, without prior approval of the board.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-080, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-080, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-12-085 Restoration projects—Conversion to other uses.

(1) Without prior approval of the board, a facility or project area restored with money granted by the board, shall not be converted to a use other than that for which funds were originally approved.

(2) The board shall only approve such a conversion under conditions which assure that:

(a) All practical alternatives to the conversion have been evaluated and rejected on a sound basis;

(b) A new restoration project or facility will be provided to serve as a replacement which:

(i) Is of reasonably equivalent habitat utility and location;

(ii) Will be administered under similar stewardship methods as the converted development;

(iii) Will satisfy need(s) identified in the project sponsor's watershed strategy or plan; and

(iv) Includes only elements eligible under the board's program from which funds were originally allocated.

(3) The board may condition any conversion approval as needed to protect the public habit investment.

History

• Statutory Authority: RCW 77.85.120 (1)(d) and chapter 34.05 RCW. WSR 16-07-085, § 420-12-085, filed 3/17/16, effective 4/17/16. Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-085, filed 2/2/01, effective 3/5/01.

Wash. Admin. Code § 420-12-090 Condemnation not eligible.

The board shall not approve any grant for proposals where the title to property is acquired through or as a direct result of condemnation proceedings. All acquisitions must be on a willing-seller basis.

History

• Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-12-090, filed 2/2/01, effective 3/5/01.