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SENATE BILL NO. 3337
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C 197 L 85
State of Washington 49th Legislature 1985 Regular Session
By Senators Owen, Peterson and Lee
Read First time 1/25/85 and referred to committee on Natural Resources.
AN ACT Relating to public lands; amending RCW 79.01.134, 79.01.264, and 79.28.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 11, chapter 73, Laws of 1961 and RCW 79.01.134 are each amended to read as follows:
The ((commissioner
of public lands)) department of natural resources, upon application
by any person, firm or corporation, may enter into a contract providing for the
sale and removal of rock, gravel, sand and silt located upon state lands or
state forest lands, and providing for payment to be made therefor on a royalty basis.
The issuance of a contract shall be made after public auction and such contract
shall not be issued for less than the appraised value of the material.
Each
application made pursuant to this section shall set forth the estimated
quantity and kind of materials desired to be removed and shall be accompanied
by a map or plat showing the area from which the applicant wishes to remove
such materials. The ((commissioner of public lands)) department of
natural resources may in ((his)) its discretion include in
any contract entered into pursuant to this section, such terms and conditions
protecting the interests of the state as ((he)) it may require.
In each such contract the ((commissioner of public lands)) department
of natural resources shall provide for a right of forfeiture by the state,
upon a failure to operate under the contract or pay royalties for periods
therein stipulated, and he may require a bond with a surety company authorized
to transact a surety business in this state, as surety, to secure the
performance of the terms and conditions of such contract including the payment
of royalties. The right of forfeiture shall be exercised by entry of a
declaration of forfeiture in the records of the ((commissioner of public
lands)) department of natural resources. The amount of rock,
gravel, sand, or silt taken under the contract shall be reported monthly by the
purchaser to the ((commissioner of public lands)) department of
natural resources and payment therefor made on the basis of the royalty
provided in the contract.
The ((commissioner
of public lands)) department of natural resources may inspect and
audit books, contracts and accounts of each person removing rock, gravel, sand,
or silt pursuant to any such contract and make such other investigation and
secure or receive any other evidence necessary to determine whether or not the
state is being paid the full amount payable to it for the removal of such
materials.
Sec. 2. Section 66, chapter 255, Laws of 1927 as amended by section 15, chapter 109, Laws of 1979 ex. sess. and RCW 79.01.264 are each amended to read as follows:
The ((commissioner
of public lands)) department of natural resources may reject any and
all bids for leases when the interests of the state shall justify it, and in
such case ((he)) it shall forthwith refund to the person paying
the same, any rental and bid deposit upon the return of receipts issued
therefor. If the ((commissioner)) department approves any
leasing made by the auctioneer ((he)) it shall proceed to issue a
lease to the ((lessee)) successful bidder upon a form approved by
the attorney general. All such leases shall be in duplicate, both to be signed
by the lessee, and by the ((commissioner of public lands on behalf of the
state, with the seal of the commissioner of public lands attached thereto))
department. The original lease shall be forwarded to the lessee and the
duplicate copy kept in the office of the ((commissioner of public lands))
department.
Sec. 3. Section 2, chapter 324, Laws of 1955 as amended by section 21, chapter 109, Laws of 1979 ex. sess. and RCW 79.28.080 are each amended to read as follows:
In order to
encourage the improvement of grazing ranges by holders of grazing permits, the
((land commissioner)) department of natural resources shall
consider (1) extension of grazing permit periods to a maximum of ten years, and
(2) reduction of grazing fees, in situations where the permittee contributes or
agrees to contribute to the improvement of the range, financially, by labor, or
otherwise.