WSR 98-08-014

PERMANENT RULES

INTERAGENCY COMMITTEE

FOR OUTDOOR RECREATION

[Filed March 18, 1998, 4:30 p.m.]



Date of Adoption: March 12, 1998

Purpose:



Title of Rule Purpose and Citation of Existing

Rules Affected by this Order

Statutory Authority for Adoption
1. General, definitions A routine "housekeeping" deletion of the definition for the term "local agencies" which is no longer applicable. WAC 286-04-010 RCW 43.99.080(2), 46.09.240(1)
2. General, manuals Modify text to explain that IAC'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 286-04-060(2) RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1), 77.12.720
3. Public records, indexes A routine "housekeeping" deletion of a duplicate reference ("Summaries of committee staff meetings") and a reference to files not publicly available ("Payroll and personnel records"). WAC 286-06-065(3) RCW 42.17.260
4. General grant assistance rules, application review Clarify that some IAC policy statements occur in formats other than agency manuals. For example, such is the case in newer programs like the National Recreational Trails Funding Act and Riparian Habitat program for which traditional manuals may not be written. WAC 286-13-030(2) RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1), 77.12.720
5. General grant assistance rules, applications Clarify that application deadlines for certain new programs, such as the National Recreational Trails Funding Act and Riparian Habitat grant programs, may be set at less than the typical four months before the funding meeting at which the project is first considered, and that the director may establish other deadlines to accomplish new or revised statutory direction. WAC 286-13-040(1) RCW 43.98A.060(1)
6. General grant assistance rules, plans Simplify the application process by establishing consistency among each of IAC's grant programs where plans are required by extending the maximum plan eligibility period by one year, to a total of six years. WAC 286-13-040(2) RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1), 77.12.720
7. General grant assistance rules, eligible matching resources Clarify that where allowed, any agency or organization may match IAC grants with state moneys, so long as those moneys are not administered by IAC. WAC 286-13-045(2) RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1), 77.12.720
8. General grant assistance rules, disbursement of funds A routine "housekeeping" update that clarifies the type of documentation that IAC currently requires before approval of a reimbursement request. WAC 286-13-070 RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1), 77.12.720
9. General grant assistance rules, retroactive and increased costs Clarify that IAC'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 286-13-085 (3)(d) RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1), 77.12.720
10. General grant assistance rules, nonconformance and repayment 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 286-13-100 RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1), 77.12.720
11. Nonhighway road and off-road vehicle funds, definitions A routine "housekeeping" update clarifying that more than two agency manuals provide further nonhighway and off-road vehicle activities program information. WAC 286-26-020 RCW 46.09.240(1)
12. Nonhighway and off-road vehicle funds, matching amounts and caps determined A routine "housekeeping" modification clarifying that IAC 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. Also, eliminates an unnecessary requirement that IAC establish matching amounts and caps each year. If enacted, this would be done only when necessary to respond to changing fund availability scenarios. WAC 286-26-110 RCW 46.09.240(1)
13. Washington wildlife and recreation program, planning requirements 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 286-27-040(7) RCW 43.98A.060(1)
14. Washington wildlife and recreation program, deed of right 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 286-27-055(1) RCW 43.98A.060(1)
15. Washington wildlife and recreation program; development projects First, change the title of IAC's habitat conservation plan to habitat plan to avoid confusion with another plan of the same name. Also, delete a cross reference that is no longer applicable. WAC 286-27-065 (2)(iii) RCW 43.98A.060(1)
16. Washington wildlife and recreation program; matching amounts and caps Eliminates an unnecessary requirement that IAC establish matching amounts and caps each year. If enacted, this would be done only when necessary to respond to changing fund availability scenarios. WAC 286-27-075
17. Firearms range, matching amounts and caps determined Add a section that allows IAC to set sponsor matching share requirements and fund request limits, as is the case with other IAC programs; this will allow IAC to respond to changing fund availability scenarios. (New WAC 286-30-050) RCW 77.12.720
18. Boating facilities program, matching requirements and caps Eliminates an unnecessary requirement that IAC establish matching amounts and caps each year. If enacted, this would be done only when necessary to respond to changing fund availability scenarios. WAC 286-35-060 RCW 43.99.124

Citation of Existing Rules Affected by this Order: See Purpose above

Statutory Authority for Adoption: See Purpose above

Adopted under notice filed as WSR 98-04-079 on February 4, 1998

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 17, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, amended 17, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 1, amended 17, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

March 13, 1998

Greg Lovelady

Rules Coordinator

OTS-1949.1

AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-04-010  Definitions. For purposes of Title 286 WAC, unless the context clearly indicates otherwise:

"Acquisition" means the gaining of rights of public ownership by purchase, negotiation, or other means, of fee or less than fee interests in real property.

"Applicant" means any agency or organization that meets qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the committee. Generally, a federal, state, local, tribal or special purpose government is an applicant.

"Application" means the form, including project information form, approved by the director for use by applicants in soliciting project funds administered by the committee.

"Chair" means the chair of the committee. See RCW 43.99.110.

"Committee" means the interagency committee for outdoor recreation, (IAC) created by RCW 43.99.110.

"Development" means the construction of facilities to enhance outdoor recreation or habitat conservation resources.

"Director" means the director of the committee or that person's designee. See RCW 43.99.130.

(("Local agencies" mean those public bodies eligible to apply for and receive funds from the committee as defined by RCW 43.99.020, except for purposes of chapter 286-26 WAC.))

"Nonhighway and off-road vehicle activities (NOVA) program" means the grants and planning program administered by the committee under chapter 46.09 RCW.

"Manual(s)" mean a compilation of state and federal policies, procedures, rules, forms, and instructions that have been assembled in manual form and which have been approved by the committee for dissemination to agencies and organizations that may wish to participate in the committee's grant program(s).

"Preliminary expense" means project costs incurred prior to committee approval, other than site preparation/development costs, necessary for the preparation of a development project.

"Project" means the undertaking which is, or may be, funded in whole or in part with funds administered by the committee.

"Project agreement" means a project agreement, supplemental agreement, intergovernmental agreement, or project contract between the committee and a sponsor.

"Sponsor" means an applicant who has been awarded a grant of funds, and has an executed project agreement.



[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, 286-04-010, 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, 286-04-010, filed 8/17/94, effective 9/17/94. Statutory Authority: Chapter 43.99 RCW. 86-23-038 (Order 86-2), 286-04-010, filed 11/17/86. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), 286-04-010, filed 12/8/82. Statutory Authority: Chapter 43.99 RCW. 79-09-124 (Order 79-1), 286-04-010, filed 9/5/79; Order 3, 286-04-010, filed 7/31/73; Order 1, 286-04-010, filed 12/10/71.]



AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-04-060  Manuals and waivers-guidance. (1) The committee shall adopt manuals that describe its general administrative policies for use by applicants, potential applicants, sponsors, and others. These manuals shall not have the force or effect of administrative code rules.

(2) Committee policies, including those in the manuals shall be considered and approved by the committee in an open public meeting. Notice of such considerations will be given by distribution of the agenda for the meeting, press releases, formal meeting notice in the Washington State Register, or other such means.

(3) Project applicants, sponsors, or other interested parties may petition the director for a waiver or waivers of those items dealing with general administrative matters and procedures within the manuals. Determinations on petitions for waivers made by the director are subject to review by the committee at the request of the petitioner.

(4) Petitions for waivers of subjects dealing with committee policy, and those petitions that in the judgment of the director require committee review, shall be referred to the committee for deliberation. Such waivers may be granted after consideration by the committee at an open public meeting.



[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, 286-04-060, 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, 286-04-060, filed 8/17/94, effective 9/17/94. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), 286-04-060, filed 12/8/82. Statutory Authority: Chapter 43.99 RCW. 79-09-124 (Order 79-1), 286-04-060, filed 9/5/79; 78-03-032 (Order 78-1), 286-04-060, filed 2/17/78.]

OTS-1950.2

AMENDATORY SECTION (Amending WSR 94-17-095, filed 8/17/94, effective 9/17/94)



WAC 286-06-065  Indexes. (1) Through its public records officer, the committee shall maintain indexes for the records and files listed in subsection (2)(a) through (j) of this section. These indexes:

(a) Provide identifying information as to its files and records;

(b) Are available for public inspection and copying at its offices in the Natural Resources Building, Olympia, in the manner provided in this chapter for the inspection and copying of public records;

(c) Are updated at least once a year and revised at appropriate intervals;

(d) Are public records even if the records to which they refer may not, in all instances, be subject to disclosure.

(2) Indexes of the following records and files are available:

(a) Archived files;

(b) Equipment inventory;

(c) Summaries and memoranda of committee meetings;

(d) General committee policies and procedures;

(e) Active project files;

(f) Publications including grant program manuals, state-wide plans, technical assistance and special reports;

(g) Final adjudicative proceeding orders entered after June 30, 1990, as defined in RCW 34.05.010(1) that contain an analysis or decision of substantial importance to the committee in carrying out its duties (each listed alphabetically by subject with a phrase describing the issue or issues and relevant citations of law);

(h) Declaratory orders entered after June 10, 1990, that contain an analysis or decision of substantial importance to the committee in carrying out its duties (each listed alphabetically by case name with a phrase describing the issue or issues and relevant citations of law);

(i) Interpretive statements as defined in RCW 34.05.010(8) (each indexed by the committee program);

(j) Policy statements entered after June 30, 1990, as defined in RCW 34.05.010(14) (also see grant program manuals).

(3) The following general records and files are available by reference to topic, and generally arranged alphabetically or chronologically within such topic. Due to volume, costs and complexity, however, no master index is maintained.

(a) Administrative files;

(b) Comprehensive park-recreation plans;

(c) Summaries of committee staff meetings;

(d) Closed/inactive project files;

(e) General correspondence;

(f) ((Summaries of committee staff meetings;

(g))) Attorney general opinions;

(((h))) (g) Financial records((;

(i) Payroll and personnel records)).

(4) Before June 30, 1990, the committee maintained no index of:

(a) Declaratory orders containing analysis or decisions of substantial importance to the committee in carrying out its duties;

(b) Interpretive statements as defined in RCW 34.05.010(8);

(c) Policy statements as defined in RCW 34.05.010(14).



[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-06-065, filed 8/17/94, effective 9/17/94.]

OTS-1951.2

AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-13-030  Application review. (1) All applications for funding submitted to the committee will be referred to the director for review and recommendations. In reaching a recommendation, the director shall seek the advice and counsel of the committee's staff and other recognized experts, including those gathered at technical review and evaluation meetings or from other parties with experience in the field.

(2) The committee shall inform all applicants of the specific project application process and methods of review, including current evaluation tests and instruments, by delineating these items in the manuals or other publicly available formats.



[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, 286-13-030, 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, 286-13-030, filed 8/17/94, effective 9/17/94.]



AMENDATORY SECTION (Amending WSR 97-17-004, filed 8/7/97, effective 9/7/97)



WAC 286-13-040  Deadlines--Applications, plans, and matching resources. (1) Applications. To allow time for review, ((all)) applications must be submitted at least four calendar months ((prior to)) before the funding meeting at which the applicant's project is first considered. Applications must be completed in final form and on file with the committee at least one calendar month before this meeting. Excepted are applications for the National Recreational Trails Funding Act, Riparian Habitat, and Youth Athletic Facilities Programs, and programs where the director specifically establishes another deadline to accomplish new or revised statutory direction.

(2) Plans. For purposes of project evaluation, all nonhighway and off-road vehicle program, park, recreation, or habitat plans required for participation in committee grant programs must be complete and on file with the committee at least three calendar months before the funding meeting at which the applicant's project is first considered. On the director's acceptance of the plan, the applicant shall be granted eligibility to submit applications for a period of up to ((five)) six years.

(3) Matches. To allow time for development of funding recommendations, written assurance must be provided whenever matching resources are to be considered as a part of an application. This assurance must be provided by the applicant to the committee at least one calendar month before the meeting at which the project is to be considered for funding.

(4) Project agreement. An applicant has three calendar months from the date of the committee's mailing of the project agreement to execute and return the agreement to the committee's office. After this period, the committee or director may reject any agreement not signed and returned and reallocate the grant funds to another project(s).

(5) Waivers. Compliance with these deadlines is required for eligibility unless a waiver is granted by the director. Such waivers are considered based on several factors which may include:

(a) When the applicant started the application/planning process;

(b) What progress has been made;

(c) When final plan adoption will occur;

(d) The cause of the delay (procedural or content related, etc.);

(e) Impact on the committee's evaluation process;

(f) Equity to other applicants; and

(g) Such other information as may be relevant.



[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720. 97-17-004, 286-13-040, filed 8/7/97, effective 9/7/97; 96-08-044, 286-13-040, 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, 286-13-040, filed 8/17/94, effective 9/17/94.]



AMENDATORY SECTION (Amending WSR 97-08-003, filed 3/20/97, effective 4/20/97)



WAC 286-13-045  Eligible matching resources. (1) Applicant resources used to match committee funds may include: Cash, local impact/mitigation fees, certain federal funds, the value of privately owned donated real estate, equipment, equipment use, materials, labor, or any combination thereof.

(2) ((Local)) Agencies and organizations may match with state funds so long as the state funds are not administered by the committee.

(3) Private donated real property, or the value of that property, must consist of real property (land and facilities) that would normally qualify for committee grant funding.

(4) State agency projects may be assisted by one hundred percent funding from committee sources except where prohibited by law.

(5) The eligibility of federal funds to be used as a match is governed by federal requirements and thus may vary with individual program policies.



[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720. 97-08-003, 286-13-045, filed 3/20/97, effective 4/20/97. 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, 286-13-045, filed 3/29/96, effective 4/29/96.]



AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-13-070  Disbursement of funds. Except as otherwise provided herein, the director will authorize disbursement of project funds only on a reimbursable basis, after the sponsor has spent its own funds and has presented a billing showing satisfactory evidence of property rights acquired and/or compliance with partial or all provisions of the project agreement.

(1) Reimbursement method. Reimbursement must be requested on voucher forms authorized by the director and must include all documentation as detailed in the manual in effect at the time reimbursement is requested.

(2) Reimbursement level. The amount of reimbursement may never exceed the cash spent on the project.

(3) Partial payment. Partial reimbursements may be made during the course of a project on presentation of billings showing satisfactory evidence of partial acquisition or development.

(4) Exceptions.

(a) State agencies' Initiative 215 (Marine Recreation Land Act) appropriations. Prior to the 1995-1997 biennium (July 1, 1995,) state agencies were required to submit voucher forms with the supporting documentation specified in the manual in effect at the time of completion of project acquisition, relocation or development.

(b) Direct payment. Direct payment to escrow of the committee's share of the approved cost of real property may be made following committee approval of an acquisition project when the sponsor indicates a temporary lack of funds to purchase the property. Prior to release of the committee's share of escrow funds, the sponsor must provide the director with a copy of a binding sale agreement between the sponsor and the seller and evidence of deposit of the sponsor's share (if any) into an escrow account.



[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, 286-13-070, 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, 286-13-070, filed 8/17/94, effective 9/17/94.]



AMENDATORY SECTION (Amending WSR 97-08-003, filed 3/20/97, effective 4/20/97)



WAC 286-13-085  Retroactive and increased costs. See WAC 286-04-010 for definition of terms for the following section.

Under most conditions, eligible expenses may only be reimbursed for activities that occur within the period cited in the project agreement. This is known as the committee's prohibition on retroactivity. To avoid this prohibition, a waiver may be issued.

(1) Retroactive land acquisition costs.

The director may grant a waiver of retroactivity whenever an applicant asserts, in writing, that a condition exists which may jeopardize the project. When evidence warrants, the director may grant the applicant permission to proceed by issuing the written waiver. This waiver of retroactivity will not be construed as an approval of the proposed project. If the project is subsequently approved, however, the costs incurred will be eligible for assistance. If the project is to remain eligible for grant support from federal funds, the director shall not authorize a waiver of retroactivity to the applicant until the federal agency administering the federal funds has issued its own waiver of retroactivity as provided under its rules and regulations.

(2) Retroactive development costs. The only retroactive development costs eligible for reimbursement consideration are preliminary expenses (e.g., engineering costs).

However, solely in respect to WWRP projects on LEAP Capital Document 5, the director is authorized to grant a waiver of retroactivity which establishes eligibility for future reimbursement of all appropriate development costs. Such applicants' retroactivity requests must be in writing, and provide sufficient justification. Reimbursement of expenditures is subject to the provisions of WAC 286-13-070. This authority shall be effective until the execution of a project agreement or June 30, 1997, whichever occurs first.

(3) Cost increases.

(a) Cost increases for approved projects may be granted by the committee if financial resources are available.

(b) Each cost increase request will be considered on its merits.

(c) If an approved project recommended for federal funding is denied by the appropriate federal agency, the sponsor may request that the committee increase assistance by an equivalent amount; such requests shall be considered on their merits.

(d) The director may approve a sponsor's acquisition, development, and/or noncapital project cost increase request so long as the total request does not exceed ten percent of the project's approved initial cost. ((The director may also approve land acquisition cost increase requests so long as the total request for each parcel does not exceed ten percent of both the committee approved initial cost and the appraised and reviewed value of each parcel for which a cost increase is requested.)) The director's approval of an acquisition project cost increase is limited to a parcel-by-parcel appraised and reviewed value.



[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720. 97-08-003, 286-13-085, filed 3/20/97, effective 4/20/97. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5) and 43.99.080(2). 96-15-082, 286-13-085, filed 7/18/96, effective 8/18/96. 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, 286-13-085, 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, 286-13-085, filed 8/17/94, effective 9/17/94.]



AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-13-100  Nonconformance and repayment. Any sponsor expenditure of committee grant moneys deemed by the committee or director to conflict with applicable statutes, rules and/or related manuals must be repaid, upon written request by the director, to the appropriate state account. Such repayment requests may be made in consideration of an applicable report from the state auditor's office.



[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, 286-13-100, 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, 286-13-100, filed 8/17/94, effective 9/17/94.]

OTS-1952.2

AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-26-020  Definitions. For purposes of this chapter, the following definitions shall apply:

"Management" means the action taken in exercising control over, regulating the use of, and operation and maintenance of ORV trails and ORV areas.

"Nonhighway road" (NHR) as provided in RCW 46.09.020.

"Nonhighway vehicle" as provided in RCW 46.09.020.

"NOVA" means the committee's nonhighway and off-road vehicle activities program described in chapter 46.09 RCW, and ((NHR and ORV)) related policy manuals for ((the)) planning, acquisition, development and management of recreation areas and trails.

"NOVA advisory committee" means the panel of NHR recreationists, organized ORV recreational groups, and agency representatives chosen to advise the director in the development of the state-wide NOVA plan, the development of a project priority rating system, the suitability and evaluation of NOVA projects submitted to the committee for funding, and other aspects of NOVA recreation as the need may arise, in accordance with chapter 46.09 RCW.

"Off-road vehicle" (ORV) as provided in RCW 46.09.020.

"ORV trail" as provided in RCW 46.09.020, and including, competition sites for two, three, or four-wheel ORVs, and four-wheeled vehicles over forty inches width which are equipped with four-wheel drive or other characteristics such as nonslip drive trains and high clearance. Such courses will be designed to include ORV trail or area characteristics such as sharp turns, jumps, soft tread material, dips, or other obstacles found in more natural settings. Race courses which are paved and designed primarily for other vehicles, such as go-karts and formula cars, are not eligible for NOVA funds.

"ORV use area" as provided in RCW 46.09.020.



[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, 286-26-020, 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, 286-26-020, filed 8/17/94, effective 9/17/94. Statutory Authority: Chapter 43.99 RCW. 86-23-038 (Order 86-2), 286-26-020, filed 11/17/86; 84-17-029 (Order 84-2), 286-26-020, filed 8/8/84. Statutory Authority: RCW 43.99.010, 43.99.110, 43.99.080, 43.99.120, 43.99.060, 42.17.370, 46.09.020, 46.09.170 and 46.09.240. 83-01-030 (Order IAC 82-1), 286-26-020, filed 12/8/82. Statutory Authority: Chapter 43.99 RCW. 78-03-032 (Order 78-1), 286-26-020, filed 2/17/78; Order 3, 286-26-020, filed 7/31/73.]



AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-26-110  Matching amounts and caps determined. ((Each year)) The committee will establish NOVA program sponsor matching share requirements and ((acquisition-development)) fund request limits. ((This)) Any changes will normally be done at a committee meeting six months before program funding consideration.



[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, 286-26-110, filed 3/29/96, effective 4/29/96.]

OTS-1953.2

AMENDATORY SECTION (Amending WSR 97-08-003, filed 3/20/97, effective 4/20/97)



WAC 286-27-040  Planning requirements. To be eligible for grant consideration under this chapter, applicants must complete a plan in accordance with WAC 286-13-040(2). At minimum the plan must include:

(1) A statement of the applicant's long-range goals and objectives;

(2) An inventory, or description of the planning area;

(3) An analysis of demand and need, that is, why actions are required;

(4) A description of how the planning process gave the public ample opportunity to be involved in development of the plan;

(5) A current capital improvement program of at least five years;

(6) Evidence that this plan has been approved by the applicant's governing entity most appropriate to the plan's scope. For example, a city or county-wide plan must be approved at the council or commission level. Plans with a different scope will be approved by department heads, district rangers, regional managers/supervisors, etc.;

(7) Excepted are riparian zone habitat protection projects under RCW 43.98A.040 (1)(d), where planning requirements in section 329(6), chapter 235, Laws of 1997, shall apply rather than those listed in subsections (1) through (6) of this section.



[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720. 97-08-003 286-27-040, filed 3/20/97, effective 4/20/97. 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, 286-27-040, filed 3/29/96, effective 4/29/96. Statutory Authority: Chapter 43.99 RCW. 91-17-010, 286-27-040, filed 8/12/91, effective 9/12/91.]



AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-27-055  Acquisition projects--Deed of right, conversions, leases and easements. For acquisition projects, sponsors must execute an instrument or instruments which contain:

(1) For fee, less-than-fee, and easement acquisition projects:

(a) A legal description of the property acquired;

(b) A conveyance to the state of Washington of the right to use the described real property ((forever)) for habitat conservation and/or outdoor recreation purposes in perpetuity unless a term is specified in the project agreement; and

(c) A restriction on conversion of use of the land. That is, without prior approval of the committee, a facility acquired with money granted by the committee shall not be converted to a use other than that for which funds were originally approved. The committee shall only approve such a conversion under conditions which assure the substitution of other land of at least equal fair market value at the time of conversion, and of as nearly as feasible equivalent usefulness and location.

(2) For lease acquisition projects, a binding agreement which contains a legal description of the property and rights acquired and which meets the following criteria. The interest:

(a) Must be for at least fifty years unless precluded by state law;

(b) May not be revocable at will;

(c) Must have a value supported through standard appraisal techniques;

(d) Must be paid for in lump sum at initiation;

(e) May not be converted, during the lease period, to a use other than that for which funds were originally approved, without prior approval of the committee.



[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, 286-27-055, filed 3/29/96, effective 4/29/96.]



AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-27-065  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 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 outdoor recreation or habitat ((conservation)) plan (see WAC 286-27-040 ((and 286-27-050))); and

(iv) Includes only elements eligible under the committee's program from which funds were originally allocated.



[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, 286-27-065, filed 3/29/96, effective 4/29/96.]



AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-27-075  Matching amounts and caps determined. Consistent with RCW 43.98A.060(4) and 43.98A.070(4), ((each year)) the committee will establish sponsor matching share requirements and acquisition-development fund request limits. ((This)) Any changes will normally be done at a committee meeting six months before program funding consideration.



[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, 286-27-075, filed 3/29/96, effective 4/29/96.]

OTS-1998.1

AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)



WAC 286-35-060  Matching requirements and caps determined. ((Each year)) The committee will establish sponsor matching share requirements and acquisition-development fund request limits. ((This)) Any changes will normally be done at a committee meeting six months before project funding consideration.



[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, 286-35-060, 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, 286-35-060, filed 8/17/94, effective 9/17/94.]

OTS-1954.2

NEW SECTION



WAC 286-30-050  Matching requirements and caps determined. The committee will establish sponsor matching share requirements and fund request limits. Any changes will normally be done at a committee meeting six months before project funding consideration.



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