AN ACT Relating to transfer of game commission lands; amending RCW 77.12.170, 77.12.200, 77.12.203, 77.12.210, and 77.12.230; reenacting and amending RCW 77.12.201; adding a new section to chapter 77.12 RCW; adding new sections to chapter 79.01 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 79.01 RCW to read as follows:

The board of natural resources may accept deeds of land that are owned on the effective date of this section, or that may be donated to or acquired by the game commission after the effective date of this section. The board may seed, plant, manage, or sell valuable material from such lands with the advice of the game commission. The management of these lands shall be primarily for the maintenance and enhancement of fish and wildlife habitat, recreation, and income production. The board shall furnish such care and fire protection for such lands as it deems advisable. After transfer to the board of natural resources, such lands shall be held in trust, protected, managed, administered, and the proceeds from them distributed pursuant to sections 3 and 4 of this act.

NEW SECTION. Sec. 2. A new section is added to chapter 77.12 RCW to read as follows:

The game commission shall deed all lands that are owned on the effective date of this section, or that may be donated to or acquired by the game commission after the effective date of this section, exclusive of administrative sites, game farms, habitat management area headquarters, and fish hatcheries, to the board of natural resources, and such lands shall become a part of the state's public lands administered by the department of natural resources.

NEW SECTION. Sec. 3. A new section is added to chapter 79.01 RCW to read as follows:

Lands deeded by the game commission to the board of natural resources shall be held in trust for the game commission and shall be administered and protected by the department of natural resources in the same manner as the lands held in trust for the counties under chapter 76.12 RCW, except that the primary emphasis shall be on maintenance and enhancement of fish and wildlife habitat, recreation, and income production. Upon the deeds being transferred, the commissioner of public lands shall enter and note the acquisitions upon the records of the office. Any moneys derived from the sale of forest products, oils, gases, minerals, or other valuable material from them shall be distributed as follows:

(1) The expense incurred by the state for administration, reforestation, management, and protection, not to exceed twenty-five percent, which percentage shall be determined by the board of natural resources, shall be returned to the forest development account in the state general fund;

(2) The balance remaining shall be paid into the state treasury and credited to the state game fund.

NEW SECTION. Sec. 4. A new section is added to chapter 79.01 RCW to read as follows:

The lands held in trust for the game commission pursuant to section 3 of this act shall be managed according to a comprehensive fish and wildlife habitat management plan. The plan shall be developed jointly by the department of game and the department of natural resources. Habitat and recreational opportunity enhancement and income production shall be the primary considerations in the development of the plan. The purpose of the plan shall be to establish long-range goals for managing all elements of the resources found on the lands held in trust for the game commission. The plan shall be completed by December 31, 1987.

Sec. 5. Section 334, chapter 258, Laws of 1984 and RCW 77.12.170 are each amended to read as follows:

(1) There is established in the state treasury the state game fund which consists of moneys received from:

(a) Rentals or concessions of the department;

(b) The sale of real or personal property held for department purposes;

(d) Fees for informational materials published by the department;

(e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;

(f) Articles or wildlife sold by the commission under this title;

(g) Compensation for wildlife losses or gifts or grants received under RCW 77.12.320; ((~~and~~))

(h) Excise tax on anadromous game fish collected under chapter 82.27 RCW; and

(i) Moneys derived from the sale of forest products, oils, gases, minerals, or other valuable material on lands held in trust for the game commission according to section 3 of this act.

(2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state game fund.

Sec. 6. Section 77.12.200, chapter 36, Laws of 1955 as last amended by section 35, chapter 78, Laws of 1980 and RCW 77.12.200 are each amended to read as follows:

The commission may acquire by gift, purchase, lease, or condemnation lands, buildings, waters, or other necessary property for purposes consistent with this title, together with rights of way for access to the property so acquired. Except to clear title and acquire access rights of way, the power of condemnation may be exercised by the commission only when an appropriation has been made by the legislature for the acquisition of a specific property. All property owned, or acquired after the effective date of this section, exclusive of administrative sites, game farms, habitat management area headquarters, and fish hatcheries, shall be deeded to the board of natural resources pursuant to section 2 of this act.

Sec. 7. Section 2, chapter 97, Laws of 1965 ex. sess. as last amended by section 1, chapter 214, Laws of 1984 and by section 335, chapter 258, Laws of 1984 and RCW 77.12.201 are each reenacted and amended to read as follows:

The legislative authority of a county may elect, by giving written notice to the director and the treasurer prior to January 1st of any year, to obtain for the following year an amount in lieu of real property taxes on ((~~game~~)) lands held in trust for the game commission as provided in RCW 77.12.203. Upon the election, the county shall keep a record of all fines, forfeitures, reimbursements, and costs assessed and collected, in whole or in part, under this title for violations of law or rules of the commission and shall monthly remit an amount equal to the amount collected to the state treasurer for deposit in the public safety and education account established under RCW 43.08.250. The election shall continue until the department is notified differently prior to January 1st of any year.

Sec. 8. Section 3, chapter 97, Laws of 1965 ex. sess. as last amended by section 2, chapter 214, Laws of 1984 and RCW 77.12.203 are each amended to read as follows:

Notwithstanding RCW 84.36.010 or other statutes to the contrary, the director shall pay by April 30th of each year on ((~~game~~)) lands held in trust for the game commission in each county, if requested by an election under RCW 77.12.201, an amount in lieu of real property taxes equal to that amount paid on similar parcels of open space land taxable under chapter 84.34 RCW or the greater of seventy cents per acre per year or the amount paid in 1984 plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. This amount shall not be assessed or paid on department buildings, structures, facilities, game farms, fish hatcheries, tidelands, or public fishing areas of less than one hundred acres.

"((~~Game~~)) Lands held in trust for the game commission," as used in this section and RCW 77.12.201, means those tracts one hundred acres or larger ((~~owned in fee by the department and~~)) that have been deeded to the board of natural resources by the game commission pursuant to section 2 of this act and that are used for wildlife habitat and public recreational purposes. All lands purchased for wildlife habitat, public access or recreation purposes with federal funds in the Snake River drainage basin shall be considered ((~~game lands~~)) regardless of acreage.

Sec. 9. Section 77.12.210, chapter 36, Laws of 1955 as last amended by section 38, chapter 78, Laws of 1980 and RCW 77.12.210 are each amended to read as follows:

Except for lands deeded to the board of natural resources as provided in section 2 of this act, the commission shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The commission may adopt rules for the operation, maintenance, and use of and conduct on the property.

((The commission may sell timber, gravel, sand, and other materials or products from real property held by the department. The commission may sell or lease the departments' real or personal property or grant concessions or rights of way for roads or utilities in the property.))

If the commission determines that real or personal property held by the department cannot be used advantageously by the department, the commission may dispose of that property if it is in the public interest.

If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.

Proceeds from the sales shall be deposited in the state treasury to be credited to the state game fund.

Sec. 10. Section 77.12.230, chapter 36, Laws of 1955 as amended by section 40, chapter 78, Laws of 1980 and RCW 77.12.230 are each amended to read as follows:

The director may pay lawful local improvement district assessments for projects that may benefit wildlife or wildlife-oriented recreation made against lands held by the state for department purposes or held in trust for the game commission. The payments may be made from money appropriated from the state game fund to the department.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 12. This act shall take effect as provided by Article II, section 41 of the state Constitution, but the transfer shall be completed by December 31, 1987, and a report to the legislature shall be prepared by both the game commission and the board of natural resources regarding the transfer and future management of such lands.