Environmental Justice Assessments

An Environmental Justice Assessment (EJA) is a process DNR staff follow to determine the impacts of significant agency actions on tribes, overburdened communities and vulnerable populations and to ensure environmental benefits are equitably distributed.

An EJA asks agencies to identify the following:

  • Overburdened communities and vulnerable populations that may be impacted by the action.
  • Environmental benefits and harms caused by the action, and any associated health impacts.
  • Options to mitigate, reduce or eliminate environmental harms and to equitably distribute benefits associated with the action.

To complete an EJA, agencies must meaningfully engage with members of overburdened communities and vulnerable populations and offer consultation to impacted tribes. Agencies must also use tools like the Environmental Health Disparities Map to identify areas exposed to pollution and other environmental harms.

The referenced media source is missing and needs to be re-embedded.
Click image above to access the Washington State Environmental Health Disparities Map.

What Are Significant Agency Actions?

The Healthy Environmental for All (HEAL) Act defines “Significant Agency Actions” as those which can cause environmental harm or benefits to overburdened communities and vulnerable populations.

At DNR, EJAs are conducted on Significant Agency Actions (SAAs) such as the development and adoption of legislative rules, new grants or loan programs, submission of agency-requested legislation, and any other actions deemed significant consistent with the law.*

For specific requirements, please visit the Revised Codes of Washington (RCW) here:

* DNR is in the process of including Sustainable Harvest Calculations as a Significant Agency Action.

 


Environmental Justice Assessments in Progress

This section contains information about “active” SAAs for which we are currently working on an EJA. Because these are in progress, it is a great time to provide feedback on these actions by following the link (if provided) or emailing our team at: Envjustice@dnr.wa.gov

Timber Sale Efficiencies Amendment
SAA Category
  • Agency-Request Legislation
Description of Action

The Department of Natural Resources (DNR) is proposing amendments to RCW 79.11.130, RCW 79.11.430, RCW 79.15.070, RCW 79.15.080, and RCW 79.15.150 to modernize our advertising processes and better serve both the agency and our purchasers. These updates are designed to give DNR greater flexibility and authority to use contemporary advertising methods, such as digital platforms and online listings, in addition to traditional newspaper notices and pamphlets. By embracing modern technology, we can reach a wider audience, provide more timely and accessible information about sales, and streamline the purchasing process. This modernization will benefit the department by increasing operational efficiency, reducing costs, and potentially boosting participation in sales. For our purchasers, it means easier access to sale information, improved transparency, and a more user-friendly experience, ensuring that our processes keep pace with current expectations and technological advancements.

Link to EJA
  • Available upon completion
Status
  • Ongoing
Resources
Certified Burner Rulemaking
SAA Category
  • Significant legislative rules
Description of Action

The certified burn manager program managed by the department offers to any individual seeking to become a certified prescribed burn manager (certified burner) through the Washington Prescribed Burn Manager Program outlined in RCW 76.04.183. Participation in the program is not mandatory but encouraged so that an individual can enjoy the benefits of RCW 76.04.183 and RCW 76.04.196. The certified manger program is seeking to create a Washington Administrative Code for rules of the program.

Link to EJA
  • Available upon completion
Status
  • Ongoing
Resources
Eastside Sustainable Harvest Calculation
SAA Category
  • Other action deemed necessary by the Agency
Description of Action

The Eastside Sustainable Harvest Calculation (SHC) is a multi-year planning effort by the Washington State Department of Natural Resources (DNR) to determine how much timber can be sustainably harvested from forested state trust lands in eastern Washington over the next ten years. This calculation, required by state law (RCW 79.10.300- .340), helps DNR balance its legal trust obligations such as generating revenue for schools and counties with forest health, wildlife habitat, carbon storage, and other public values. The SHC is a non-project agency action, meaning it does not directly authorize any on-the-ground activity. Instead, it sets harvest volume targets that guide future timber sales during the upcoming planning decade. Each timber sale will still go through its own, site-specific environmental review under the State Environmental Policy Act (SEPA). To develop the SHC, DNR utilizes forest estate modeling to evaluate different timber harvest scenarios over time. These scenarios must align with existing laws, regulations, and policies, including DNR's Habitat Conservation Plan and its responsibilities as a trust land manager. DNR is preparing an Environmental Impact Statement (EIS) for the SHC, which will include a no action alternative and assess the potential environmental impacts of a range of action alternatives. Public input will be gathered during the Draft EIS public comment period. In addition to the EIS, DNR is conducting an Environmental Justice Assessment (EJA) under the Healthy Environment for All (HEAL) Act. An EJA is a tool used to identify and evaluate how agency decisions may affect overburdened communities, vulnerable populations, and Tribes, particularly in terms of environmental benefits and burdens. It considers both potential harms and opportunities for positive outcomes and helps agencies ensure fair treatment and meaningful involvement of communities that have the greatest environmental and health burdens in decision-making.

Link to EJA
  • Available upon completion
Status
  • Ongoing
Contact for Action
Resources

 


Environmental Justice Assessments Completed

Below are completed EJAs for Significant Agency Actions.

Fallen Firefighters Memorial
SAA Category
  • Agency-Request Legislation
Description of Action

This Agency Request Legislation would direct the Department of Enterprise Services to establish a new memorial for fallen firefighters on the Capitol Campus.

Link to EJA
Status
  • Completed
Smokey the Bear License Plate
SAA Category
  • Agency-Request Legislation
Description of Action

This Agency Request Legislation would establish a Smokey Bear license plate that would be available for purchase in October 2024. Revenue from Smokey Bear License plates would be devoted to wildfire prevention programs administered by the Department of Natural Resources (DNR). This would be the agency's first license plate, the state's only license plate for wildfire prevention, and is the symbol of support for wildland fire fighters.

Link to EJA
Status
  • Completed
Commercial Use Fees
SAA Category
  • Agency-Request Legislation
Description of Action

Agency Request Legislation to amend RCW 4.24.210, the Recreational Immunity Statute, to give DNR the authority to charge fees for recreation permits, issued for organized recreation or educational activities. If successful, this statutory authority will provide DNR the ability to develop a fee structure for recreation permits, which will allow the program to pursue administrative cost recovery and will provide the certainty needed for the future development of an agency Commercial Recreation Policy.

Link to EJA
Status
  • Completed​​
Early Learning Facilities
SAA Category
  • Agency-Request Legislation
Description of Action

This Agency Request Legislation expands the definition of Common School, currently limited to K-12, to include early care and education. This allows for the construction and maintenance of early care and education facilities at public schools with revenue from DNR's Common School Construction Fund. The Office of Superintendent of Public Instruction (OSPI) will have the authority and discretion to allocate the proceeds received by the sale of timber or otherwise generated by state lands. A separate new capital gains tax now provides enough funding for K-12 school construction; this is proposed legislation is complementary and addresses an unfunded need.

Link to EJA
Status
  • Completed​
Trust Asset Leasing Bill
SAA Category
  • Agency-Request Legislation
Description of Action

DNR is proposing to adjust language throughout RCW 79.13 that would provide DNR the flexibility to lease other trust assets (such as water rights, equipment, buildings, etc.) in addition to leasing state land. Language changes proposed throughout the chapter modify leasing authority from just “state land” to “state land and other trust assets”. DNR is currently limited in revenue it can generate for its trust beneficiaries as any leasing activity needs to be tied to state land. For example, DNR’s water rights portfolio is estimated at almost a $1 billion value, but currently not all of the water rights utilized. DNR would be able to increase revenue and more effectively manage its water rights if they could be leased separately from state land. Water rights dictate the amount of water that can be used and each type of crop uses a specific amount of water so there are times when more water is available than needed for crops grown on state land. DNR is also proposing a couple of minor changes to its publication and noticing requirements for leasing to also allow the option of advertising online or as DNR determines is appropriate.

Link to EJA
Status
  • Completed​​
Housing on Public Land
SAA Category
  • Agency-Request Legislation
Description of Action

This Agency Request Legislation adds a new section to RCW 82.29A to create a leasehold excise tax (LET) exemption for leases on public land used for the placement of newly constructed affordable housing. Currently, the LET fee is 12.84% of the lease rate. This exemption is intended to incentivize developers to build affordable housing on leased DNR land. The exemption applies to the land and the length of exemption depends on the following conditions: A 12-year LET exemption if the lessee commits to renting or selling at least 20% of units as affordable to low and moderate-income households; A 20-year LET exemption if the lessee commits to renting or selling at least 25% of units as affordable to low and moderate-income households.

Link to EJA
Status
  • Completed​​
Surface Mine Reclamation Project
SAA Category
  • Agency-Request Legislation
Description of Action

DNR Surface Mine Reclamation Program (SMRP) administers the Surface Mining Act (RCW 78.44), regulating the reclamation of over 850 surface mines across Washington state. Reclamation includes ensuring that when mining is complete, slopes on site are stable, storm water quantity and quality are similar in nature to pre-mining conditions, and the site is well-prepared for its designated subsequent use. SMRP is fully fee-funded and requires a fee increase in order to continue meeting its minimum regulatory legal requirements. The proposal will standardize permit application fees (all will cost $4,500) and will increase annual permit fees for private and some public mines from $2,000 to $3,500. It will increase annual fees for public mines that use their sites for public works projects from $0, $1,000, or $2,000 to $2,500.

Link to EJA
Status
  • Completed​​
Drought Mitigation
SAA Category
  • Agency-Request Legislation
Description of Action

Revising RCW 79.13 to allow for DNR to lease assets as well as land and modernize publication/advertisement language.

Link to EJA
Status
  • Completed
Resources
  • Link to OFM site with EJA notices
Tribal Interlocal Agreements
SAA Category
  • Agency-request Legislation
Description of Action

This Significant Agency Action is Agency Request Legislation (ARL). This ARL amends RCWs 7.84.140 and 43.12.065 to authorize the Commissioner of Public Lands to enter into collaborative law enforcement agreements with federally recognized Tribes. This ARL does not require DNR or any federally recognized Tribe to enter into such an agreement.

Link to EJA
Status
  • Completed

 

Click image above to access the Environmental Justice Assessments dashboard at OFM.
Click image above to access the Environmental Justice Assessments dashboard at OFM.

OPPORTUNITIES FOR PUBLIC COMMENT

We want to hear from you

Please send us your feedback and comments on the following:

  • The above list of significant agency actions.
  • Other types of DNR actions you think would benefit from an assessment.
  • How you would like to stay informed about DNR's work in environmental justice.

We invite you to reach out to us at any time as comments will continue to be reviewed by DNR on an ongoing basis. We will use your input to help inform decisions on conducting assessments and how we communicate and engage with you.

Send us your comments

Comment by mail:

Department of Natural Resources

C/O Office of Equity and Environmental Justice

1111 Washington St SE

MS 47001 Olympia, WA 98504

Comment by email:

envjustice@dnr.wa.gov