Date of Adoption: July 16, 1999.

Purpose: Implement chapter 144, Laws of 1998 (SHB 2826) wherein, under limited circumstances, certain nonprofit ORV organizations may be eligible to receive nonhighway and off-road vehicles activities program grant moneys.

Citation of Existing Rules Affected by this Order: Amending WAC 286-26-100 Development projects--Conversions to other uses.

Statutory Authority for Adoption: RCW 46.09.240 Administration and use of ORV moneys.

Adopted under notice filed as WSR 99-08-114 on April 7, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

July 22, 1999

Greg Lovelady

Rules Coordinator

OTS-2728.1

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), RCW 43.98A.070(5), RCW 43.99.080(2), RCW 46.09.240(1) and RCW 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), [ RCW 43.98A].070(5), RCW 43.99.080, RCW 46.09.240 and RCW 77.12.720.  94-17-095, § 286-26-100, filed 8/17/94, effective 9/17/94.]