WSR 97-24-118

PREPROPOSAL STATEMENT OF INQUIRY

INTERAGENCY COMMITTEE

FOR OUTDOOR RECREATION

[Filed December 3, 1997, 11:45 a.m.]

Subject of Possible Rule Making: WAC 286-04-010, general, definitions; WAC 286-04-060(2), general, manuals; WAC 286-06-065, public records, indexes; WAC 286-13-030, general grant assistance rules, application review; WAC 286-13-040(1) general grant assistance rules, applications; WAC 286-13-040(2), general grant assistance rules, plans; WAC 286-13-045(2), general grant assistance rules, eligible matching resources; WAC 286-13-070, general grant assistance rules, disbursement of funds; WAC 286-13-085 (3)(d), general grant assistance rules, retroactive and increased costs; WAC 286-13-100, general grant assistance rules, nonconformance and repayment; WAC 286-26-060, nonhighway road and off-road vehicle funds, definitions; WAC 286-26-110, nonhighway and off-road vehicle funds, matching amounts and caps determined; WAC 286-27-040(7), Washington wildlife and recreation program, planning requirements; WAC 286-27-055, Washington wildlife and recreation program, deed of right; WAC 286-27-065 (2)(iii), Washington wildlife and recreation program, development projects; chapter 286-30 WAC, Firearms range, matching amounts and caps determined; and WAC 286-40-050, land and water conservation fund, acquisition projects.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1), 77.12.720(4).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 286-04-010, a routine "housekeeping" deletion of an exception that is no longer applicable (the term "local agencies" in chapter 286-26 WAC); WAC 286-04-060(2), clarify that the Interagency Committee for Outdoor Recreation's board adopts the program grant policies contained in agency manuals, and that since not all agency manuals contain such policies, not all manuals are adopted by the board; WAC 286-06-065, a routine "housekeeping" deletion of a duplicate reference ("summaries of committee staff meetings); WAC 286-13-030, clarify that some Interagency Committee for Outdoor Recreation policy statements occur in formats other than agency manuals. For example, such is the case in newer programs, such as the National Recreational Trails Funding Act and riparian habitat program, for which traditional manuals may not be written; WAC 286-13-040(1), clarify that application deadlines for some of Interagency Committee for Outdoor Recreation's newer grant programs may be set at less than the typical four months before the funding meeting at which the project is first considered; WAC 286-13-040(2), simplify the application process by establishing consistency among each of Interagency Committee for Outdoor Recreation's grant programs where plans are required by extending the maximum plan eligibility period by one year, to a total of six years; WAC 286-13-045(2), clarify that where allowed, any agency or organization may match the Interagency Committee for Outdoor Recreation grants with state moneys, so long as those moneys are not administered by the Interagency Committee for Outdoor Recreation; WAC 286-13-070, a routine "housekeeping" clarification regarding documentation required by the Interagency Committee for Outdoor Recreation before approval of a reimbursement request; WAC 286-13-085 (3)(d), clarify that the Interagency Committee for Outdoor Recreation's director may approve certain noncapital project cost increases, just as the director may now approve certain capital and acquisition cost increases. Also, clarify the current parcel-by-parcel basis for land acquisition cost increases; WAC 286-13-100, clarify that nonconformance in expenditure of grant moneys can be related to any one of several factors (conflicts with statute, rules, manuals) and not necessarily all factors combined; WAC 286-26-060, add routine "housekeeping" text which explains that the Interagency Committee for Outdoor Recreation's education/enforcement and maintenance/operation manual provides further nonhighway and off-road vehicle activities program information; WAC 286-26-110, add routine "housekeeping" text which explains that the Interagency Committee for Outdoor Recreation may review and/or set fund request limits in all nonhighway and off-road vehicle activities programs. Current WAC language implies that this is only done for acquisition and development projects; WAC 286-27-040(7), add text that clarifies that the planning requirements established in the 1997-1999 capital budget (section 329, chapter 235, Laws of 1997) for the riparian habitat program (RHP) differ from existing Washington wildlife and recreation program planning requirements; WAC 286-27-055, first, clarify that Washington wildlife and recreation program (WWRP) funds may be used to acquire land for both recreation and habitat conservation purposes. Second, clarify that in some cases, land may be acquired with grants from WWRP for terms other than "forever"; WAC 286-27-065 (2)(iii), correct a reference to plan type. That is, change the title habitat conservation plan to habitat plan. Also, delete a cross reference that is no longer applicable; chapter 286-30 WAC, to allow the Interagency Committee for Outdoor Recreation to respond to changing fund availability scenarios, add a section which explains how the Interagency Committee for Outdoor Recreation sets or reviews sponsor matching share requirements and fund request limits; and WAC 286-40-050, change a reference that incorrectly states that less-than-fee acquisition projects are eligible in this program.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Depending on the specific rule, these changes may involve local agencies (including parks and recreation, port, school, and other special districts); private nonprofit land trusts or nature conservancy organizations, state agencies (including state parks, fish and wildlife, natural resources); and federal agencies (including Bureau of Land Management, Forest Service, and National Park Service); and Native American tribes. Copies of the recommended changes will be provided to the Interagency Committee for Outdoor Recreation's advisory committees and other interested parties for comment and later considered for adoption in a public meeting as identified below.

Process for Developing New Rule: It is our intent to advance this rule proposal through a participatory process that includes distribution of an initial proposal to all interested parties, encouragement of comments via mail, e-mail, telephone, and in person. Based on any comments, revisions will be considered before presentation of final recommendations to the Interagency Committee for Outdoor Recreation's board for adoption in an advertised and open public meeting.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. (1) Provide comments to Greg Lovelady, Rules Coordinator, Interagency Committee for Outdoor Recreation, Natural Resources Building, P.O. Box 40917, Olympia, WA 98504-0917, (360) 902-3008, e-mail gregl@iac.wa.gov, FAX (360) 902-3008. Comments received before February 11, 1998, will be mailed to IAC for review in advance of public testimony meeting.

(2) Appear to testify on March 12, 1998, at 10:00 a.m., public comments, Room 175, Natural Resources Building, 1111 Washington Street S.E., Olympia, WA.

December 3, 1997

G. W. Lovelady