FOR OUTDOOR RECREATION
[Filed December 22, 1998, 11:06 a.m.]
Title of Rule: Nonhighway and off-road vehicle funds, WAC 286-26-100 Development projects--Conversion to other uses.
Purpose: Implement chapter 144, Washington Laws of 1998 (SHB 2826).
Other Identifying Information: Nonhighway vehicle funds distribution to nonprofit off-road vehicle organizations; RCW 46.09.240(1).
Statutory Authority for Adoption: RCW 46.09.240(1).
Statute Being Implemented: RCW 46.09.240(1).
Summary: Chapter 144, filed on March 25, 1998, amended RCW 46.09.240(1) by allowing nonprofit ORV organizations to receive funds under this chapter if the funds benefit ORV recreation on lands once publicly owned that come into private ownership in a federal land exchange between January 1, 1998, and January 1, 2005.
Reasons Supporting Proposal: The proposed change to WAC 286-26-100 is needed to ensure conformance with the referenced chapter 144 statutory change.
Name of Agency Personnel Responsible for Drafting: Greg Lovelady, 1111 Washington Street S.E., Olympia, WA 98504-0917, (360) 902-3008; Implementation and Enforcement: Laura Eckert Johnson, 1111 Washington Street S.E., Olympia, WA 98504-0917, (360) 902-3000.
Name of Proponent: Interagency Committee for Outdoor Recreation, public and governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above, and Proposal Changes the Following Existing Rules below.
Proposal Changes the Following Existing Rules: If adopted, this rule change will delete the obsolete text in WAC 286-26-100(1) that names the types of organizations eligible to receive nonhighway and off-road vehicle funds. When chapter 144, Washington Laws of 1998 was approved, the WAC listing of eligible organizations became incomplete and thus could be interpreted as allowing unlisted organizations (specifically nonprofit organizations) to avoid compliance with IAC's project conversion requirements. At the least, the current text creates confusion on this issue. The effect of eliminating the current listing of eligible organizations will be to make all recipients continue to conform to IAC's conversion requirements.
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Greg Lovelady, Rules Coordinator, Interagency Committee for Outdoor Recreation, P.O. Box 40917, Olympia, WA 98501-0917, AND RECEIVED BY February 20, 1998 .
December 21, 1998
AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)
WAC 286-26-100 Development projects--Conversion to other
uses. (1) Without prior approval of the committee, a facility
developed with money granted by the committee((
, to state,
county, municipality or native American tribal government
sponsors,)) shall not be converted to a use other than that for
which funds were originally approved.
(2) The committee 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 development, in the spirit of WAC 286-13-080 ("...aid through the committee is intended to supplement the existing capacity of a sponsor..."), will serve as a replacement which:
(i) Is of reasonably equivalent recreation utility and location;
(ii) Will be administered by the same political jurisdiction as the converted development;
(iii) Will satisfy need(s) identified in the sponsor's NOVA plan (see WAC 286-26-080); and
(iv) Includes only elements eligible under the committee's program from which funds were originally allocated.
(3) A master agreement signed by the parties shall control the provision of funds granted by the committee for facility developments to any federal agency sponsor.
[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, § 286-26-100, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, § 286-26-100, filed 8/17/94, effective 9/17/94.]