CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5753
Chapter 448, Laws of 2023
68th Legislature
2023 Regular Session
DEPARTMENT OF TRANSPORTATION AND LUMMI TRIBE—COOPERATIVE AGREEMENT
FOR PUBLIC ROAD
EFFECTIVE DATE: July 23, 2023
Passed by the Senate April 19, 2023 CERTIFICATE
Yeas 49 Nays 0
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SUBSTITUTE SENATE
BILL 5753 as passed by the Senate
and the House of Representatives on
the dates hereon set forth.
Passed by the House April 7, 2023
Yeas 92 Nays 5
SARAH BANNISTER
LAURIE JINKINS Secretary
Speaker of the House of
Representatives
Approved May 11, 2023 10:16 AM FILED
May 11, 2023
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SUBSTITUTE SENATE BILL 5753
AS AMENDED BY THE HOUSE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Senate Transportation (originally sponsored by Senators Shewmake
and Lovelett)
READ FIRST TIME 02/24/23.
1 AN ACT Relating to a cooperative agreement between the department
2 of transportation and the Lummi Nation concerning construction of a
3 roadway; and adding new sections to chapter 47.20 RCW.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. A new section is added to chapter 47.20
6 RCW to read as follows:
7 (1) The department is authorized to enter into a cooperative
8 agreement with the governing authority of the Lummi Nation and
9 appropriate agencies of the United States for the location, design,
10 construction, and maintenance of a public road beginning on Rural
11 Avenue at the southern boundary of the Ferndale city limits,
12 traveling across the property held in tribal trust status by the
13 United States for the Lummi Nation, and connect to the approximate
14 location of where the Ferndale city limits intersect Kope Road. The
15 new road segment shall be named after construction is concluded.
16 (2) The definitions in this subsection apply throughout this
17 section and sections 2 and 3 of this act unless context clearly
18 requires otherwise.
19 (a) "Agreement" means the cooperative agreement between the
20 department, the governing authority of the Lummi Nation, and agencies
p. 1 SSB 5753.SL
1 of the United States, as authorized by subsection (1) of this
2 section.
3 (b) "Roadway" means the public road segment constructed pursuant
4 to the agreement authorized by subsection (1) of this section.
5 NEW SECTION. Sec. 2. A new section is added to chapter 47.20
6 RCW to read as follows:
7 The department is authorized to determine the location of the
8 roadway in consultation with and approval by the governing authority
9 of the Lummi Nation. The department may then proceed with the design
10 and construction of the roadway. After construction of the roadway is
11 complete, the Lummi Nation shall be responsible for the operation and
12 maintenance and future improvement of the roadway as a public road.
13 NEW SECTION. Sec. 3. A new section is added to chapter 47.20
14 RCW to read as follows:
15 The cooperative agreement shall allow the department to request a
16 temporary construction easement from the Lummi Nation for the purpose
17 of constructing the new road. The cooperative agreement shall also
18 reserve to the governing authority of the Lummi Nation authority to
19 construct road intersections or grade separation crossings of the
20 roadway, in accordance with applicable laws. The agreement may also
21 authorize the governing authority of the Lummi Nation to convey to
22 the United States an easement to construct, maintain, and repair
23 roadway improvements if such an easement is required by regulations
24 of the bureau of Indian affairs.
Passed by the Senate April 19, 2023.
Passed by the House April 7, 2023.
Approved by the Governor May 11, 2023.
Filed in Office of Secretary of State May 11, 2023.
--- END ---
p. 2 SSB 5753.SL