BP BHEAD INT S [atlas:bill]

AN ACT Relating to primary and secondary forest roads; adding new sections to chapter 79.38 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. In the department of natural resources' program for planning and development of primary and secondary forest roads, the department should be sensitive to compatible public access for recreation. The department of natural resources should develop a consistent policy for public needs and for trust needs within the framework of the public trust doctrine. While the highest and best use for trust lands is providing fiscal stability and economic gain for the trust, the highest and best use of such lands for all the people of Washington is public recreational use and enjoyment. Both uses should be coordinated to assist programs such as watchable wildlife, horse trails, all-terrain vehicle areas, and the widespread public use of lands for family outings for all citizens of the state. The solitude under the forest canopy and the enjoyment of the forest environment are vital elements in calming a citizenry hard pressed to maintain positive social values.

NEW SECTION. Sec. 2. Primary and secondary forest roads in danger of failing should be part of an ongoing upgrading process for future use. The department of natural resources shall review the road system on public trust lands in order to develop a schedule to upgrade those roads that will increase both the value of the trust and the public's ability to access trust lands for recreational purposes. Improving the forest road system is especially necessary to allow access to the many natural area preserves, natural resource conservation areas, and other public lands that the legislature has been creating by its funding.

NEW SECTION. Sec. 3. The department of natural resources shall give special consideration to the federal Americans with disabilities act in providing roads that will allow vehicle use for those persons who are disabled.

NEW SECTION. Sec. 4. The department of natural resources may stockpile road building materials and may require the stockpiling of materials by persons harvesting or using public lands when those persons are building roads.

NEW SECTION. Sec. 5. The department of natural resources shall, as manager for the trust, as part of its management program, undertake a study and report back to the legislature by December 1, 2001, concerning:

(1) An inventory of state primary and secondary forest roads available for public recreation and recommendations on how to increase the number of roads available and how to maintain such roads for future public use;

(2) Problems on public lands caused by vandalism and recommendations on how to approach the problem;

(3) Garbage and illegal dumping on public lands and recommendations on needed legislation;

(4) A review of misuse of public resources and how the department and the legislature should address this problem;

(5) Develop recommendations on road damage and on old road failure in order to upgrade the road system to benefit both the trust and the general public; and

(6) An analysis of road standards, public use, and the methods to ensure that roads are built to standards that will provide a greater value to the trust and a more permanent road system for the public's use and benefit.

NEW SECTION. Sec. 6. The department of natural resources shall, when making temporary primary and secondary road closures, prepare a list of road closures at the beginning of each year and notify the affected counties, cities, and all user groups of proposed temporary road closures. The department of natural resources must hold a hearing in the general area to discuss the temporary closure with the public and with user groups. It is the department's responsibility to notify as many user groups as possible prior to the hearing. The list submitted by the department shall show the area and use pattern of each road to be temporarily closed. The list shall include as much information on the recreational and public use of the roads as possible.

NEW SECTION. Sec. 7. In making any permanent primary or secondary road closure, the department of natural resources must meet all of the requirements of section 6 of this act, and in addition, must provide an economic impact analysis of the road closure, a recreational impact analysis of the road closure, and a public use impact analysis of the road closure. The permanent closure of a road requires a full analysis of trust needs and how the department, through land management and road access building, shall mitigate for the public's loss of roads that have been permanently closed. Consideration of adjacent private and federal access to public land shall be part of the process to help to inform the public about alternate road availability. All permanent primary and secondary road closures must be approved by the board of natural resources.

NEW SECTION. Sec. 8. The department of natural resources shall establish an intergovernmental team to work on increasing public access to public lands. The team shall include federal and state land management agencies and representatives of private land owners.

NEW SECTION. Sec. 9. Sections 2 through 4 and 6 through 8 of this act are each added to chapter 79.38 RCW.