WSR 04-20-097

PROPOSED RULES

INTERAGENCY COMMITTEE

FOR OUTDOOR RECREATION

[ Filed October 5, 2004, 3:05 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Aquatic lands enhancement account (ALEA) program, (1) WAC 286-04-010, definitions; (2) 286-04-090, history of fund sources; (3) 286-13-010, general grant rules, chapter purpose; (4) 286-42-010 (new), chapter purpose; (5) 286-42-020 (new), organizations that may receive funds; (6) 286-42-030 (new), projects submitted on or before April 1, 2004, (7) 286-42-040 (new), long-term rules; (8) 286-42-050 (new), consideration of conversion; (9) 286-42-060 (new), Acquisition projects -- Long-term obligations; (10) 286-42-070 (new), life estates; (11) 286-42-080 (new), Development projects -- Long-term obligations; and (12) 286-42-090 (new), matching funds and grant limits.

Hearing Location(s): Natural Resources Building, Second Floor East, Room 175A & B, 1111 Washington Street S.E., Olympia, WA, on November 18, 2004, at 10 a.m.

Date of Intended Adoption: November 18, 2004.

Submit Written Comments to: Greg Lovelady, Rules Coordinator, 1111 Washington Street, Olympia, WA 98504-0917, e-mail GregL@iac.wa.gov, fax (360) 902-3026, by November 3, 2004.

Assistance for Persons with Disabilities: Contact (see above) by November 4, 2004, TTY (360) 902-1996 or (360) 902-3008.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These WACs would be the first adopted for this program and should be asset in helping those involved to understand its most important regulations: (1) Definitions, a clarification of the term "development" is added, as is a definition for "life estate"; (2) history of fund sources, a note regarding the aquatic lands enhancement account (ALEA) fund source is added; (3) chapter purpose, purpose of the general grant assistance rules chapter is broadened to include ALEA; (4) chapter purpose, purpose of the ALEA chapter, to provide rules, is noted; (5) eligible fund recipients, the types of organizations that may receive funds are cited; (6) submissions on or before April 1, 2004, states that projects funded before April 1, 2004, are not covered by these rules; (7) long-term rules, states that conversions must have the prior approval of IAC and that remedies may be sought; (8) consideration of conversions, discusses conditions that would affect IAC's consideration of conversions; (9) Acquisition projects -- Long-term obligations, provides information on required written instrument(s)/documentation; (10) life estates, contains provisions for "life estates"; (11) Development projects -- Long-term obligations, includes requirements for compliance with standards, regulations, laws, etc.; and (12) matching funds and grant limits, contains provisions regarding matching shares and fund request limits.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 79.90.245 and ESHB 2459 (2004).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Interagency Committee for Outdoor Recreation (IAC), governmental.

Name of Agency Personnel Responsible for Drafting: Greg Lovelady, Box 40917, 1111 Washington Street, Olympia, WA 98504, (360) 902-3008; Implementation and Enforcement: Laura Eckert Johnson, Box 40917, 1111 Washington Street, Olympia, WA 98504, (360) 902-3000.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable. Only affected parties are local governments and state agencies.

A cost-benefit analysis is not required under RCW 34.05.328. IAC is not a listed agency in section 201, and proposed rules are technical, affecting governmental parties only.

October 5, 2004

Greg Lovelady

Rules Coordinator

OTS-7522.2


AMENDATORY SECTION(Amending WSR 98-08-014, filed 3/18/98, effective 4/18/98)

WAC 286-04-010   What definitions((.)) apply to this chapter?   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 and/or restoration 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.

"Life estate" means an ownership interest in a property only during the lifetime of the person(s) owning the life estate. In some cases, the ownership interest lasts only until the occurrence of some specific event, such as remarriage of the life estate owner. A life estate owner may not have the legal title or deed to the property, but may have rights to possession, use, income and/or selling their life estate interest in the property.

"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 43.99.080(2) and 46.09.240(1). 98-08-014, 286-04-010, filed 3/18/98, effective 4/18/98. 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 286-04-090   What is the history of the committee's fund sources((.))?   (1) As of July 1, 1995, the "recreation resource account" included appropriations and funds, under RCW 43.99.040 (recodified as RCW 79A.25.040 since 1999), in support of the committee's boating facilities and other programs. These funds are derived from:

(a) Unclaimed marine fuel tax refunds;

(b) Moneys made available to the state of Washington by the federal government for outdoor recreation; and

(c) Such other sources as may be provided.

(2) As of July 1, 1995, the "NOVA program account" included appropriations and funds, under RCW 46.09.110 and 46.09.170, in support of the committee's nonhighway and off-road vehicle activities program. These funds are derived from:

(a) Refunds from the motor vehicle fund for nonhighway and off-road purposes;

(b) Off-road vehicle permit fees; and

(c) Such other sources as may be provided.

(3) As of July 1, 1990, the "habitat conservation account" included appropriations and funds, under chapter 43.98A RCW (recodified as chapter 79A.15 RCW since 1999), in support of the committee's Washington wildlife and recreation program. These funds are derived from:

(a) Sales of bonds approved in capital budget appropriations;

(b) Such other sources as may be provided.

(4) As of July 1, 1995, the "outdoor recreation account" included appropriations and funds, under chapter 43.98A RCW (recodified as chapter 79A.15 RCW since 1999), in support of the committee's Washington wildlife and recreation program. These funds are derived from:

(a) Sales of bonds approved in capital budget appropriations;

(b) Such other sources as may be provided.

(5) Prior to July 1, 1995, the "outdoor recreation account" included appropriations and funds, in support of the committee's programs. Funds were derived from:

(a) Unclaimed marine fuel tax refunds under RCW 43.99.040 (recodified as RCW 79A.25.404 since 1999);

(b) Sales of bonds under Referenda 11, 18, and 28, and HJR 52;

(c) State apportionments of the federal land and water conservation fund;

(d) Moneys refunded from the motor vehicle fund under RCW 46.09.170 and funds received under RCW 46.09.110 for nonhighway and off-road vehicle purposes;

(e) Off-road vehicle permit fees;

(f) Sales of general obligation bonds for outdoor recreation purposes under RCW 43.98A.050; and

(g) Such other sources as were provided.

(6) As of July 1, 1990, the "firearms range account" includes appropriations and funds, under RCW 77.12.720 (recodified as RCW 79A.25.210 since 1999), in support of the committee's firearms and archery range recreation programs. These funds are derived from:

(a) Concealed pistol license fees under RCW 9.41.070;

(b) Destruction of firearms programs under RCW 9.41.098; and

(c) Such other sources as may be provided.

(7) As of July 1, 2003, the "aquatic lands enhancement account" includes appropriations under section 377, chapter 26, Laws of 2003, 1st sp. sess. These funds are derived from the proceeds from sale or lease of aquatic lands or valuable materials therefrom under RCW 79.90.245 and 79.90.450.

[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, 286-04-090, 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, 286-04-090, filed 8/17/94, effective 9/17/94.]

OTS-7523.1


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

WAC 286-13-010   ((Scope)) What is the purpose of this chapter((.))?   This chapter contains general rules affecting grant program eligibility, applications, and projects funded with money from or through the committee. Further rules are in chapter 286-26 WAC (Nonhighway and off-road vehicle program), chapter 286-27 WAC (Washington wildlife and recreation program), chapter 286-30 WAC (Firearms and archery range recreation program), chapter 286-35 WAC (Initiative 215 boating facilities program), ((and)) chapter 286-40 WAC (Land and water conservation fund program) and chapter 286-42 WAC (Aquatic lands enhancement account program).

[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, 286-13-010, 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, 286-13-010, filed 8/17/94, effective 9/17/94.]

OTS-7526.2

Chapter 286-42 WAC

AQUATIC LANDS ENHANCEMENT ACCOUNT PROGRAM


NEW SECTION
WAC 286-42-010   What is the purpose of this chapter?   This chapter provides rules affecting the aquatic lands enhancement account (ALEA) grant program administered by the committee under RCW 79.90.245 and section 377, chapter 26, Laws of 2003, 1st sp. sess. Additional provisions are contained in "Definitions," 286-04-010 and "General grant assistance rules," chapter 286-13 WAC.

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NEW SECTION
WAC 286-42-020   What organizations may receive ALEA grants?   Through the committee, ALEA grants are available to any division of local or state government and native American tribe that is eligible to apply and that is legally authorized to acquire and develop public open space, habitat, recreation lands, and/or natural resources.

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NEW SECTION
WAC 286-42-030   Do these rules apply to projects funded on or before April 1, 2004?   No. Rules in this chapter apply only to projects funded after April 1, 2004.

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NEW SECTION
WAC 286-42-040   What long term rules apply?   (1) Without prior approval of the committee, land, natural resources and/or facilities purchased and/or developed with committee administered ALEA funds shall not be converted to uses other than those for which funds were originally approved.

(2) The committee is entitled to pursue and obtain remedies that assure the substitution or replacement of natural resources or facilities in accordance with this chapter.

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NEW SECTION
WAC 286-42-050   When considering approval of a conversion, what rules apply?   The committee shall only approve conversions when:

(1) All practical alternatives to the conversion have been evaluated and rejected on a sound basis; and

(2) Another resource(s) will serve as a replacement. The replacement resource(s) must:

(a) (If a land acquisition) be real property of at least equal fair market value and public benefit at the time of conversion;

(b) (If a development) provide a facility of at least equal fair market value and public benefit as that which existed at the time of the original investment;

(c) Be of reasonably equivalent or greater recreation and habitat usefulness and location;

(d) Be administered by the same political jurisdiction as the converted property and/or development;

(e) Satisfy need(s) identified in the committee's or sponsor's plan; and

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

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NEW SECTION
WAC 286-42-060   For land acquisition projects, are there long term obligations?   Yes. Sponsors must execute an instrument(s) containing:

(1) For fee or perpetual property rights acquisition projects:

(a) A legal description of the property acquired;

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

(c) A prohibition on conversion of use of the land/natural resource to a principal use other than that for which funds were originally approved without prior approval of the committee.

(2) For lease, less than fee, or nonperpetual property rights, a binding agreement which:

(a) Contains a legal description of the property and rights acquired;

(b) Contains a conveyance to the state of Washington for the right to use the described real property for habitat conservation and/or outdoor recreation purposes for the period of the lease;

(c) Contains a prohibition on conversion of use of the land/natural resource to a principal use other than that for which funds were originally approved without prior approval of the committee;

(d) Is for at least fifty years unless precluded by state law;

(e) Is not revocable at will;

(f) Has a value supported through appraisal requirements approved by the committee;

(g) Is paid for in lump sum at initiation.

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NEW SECTION
WAC 286-42-070   When considering approval of a life estate, what rules apply?   The committee may approve an acquisition that includes a life estate ("estate") so long as:

(1) The estate does not wholly limit public use of the site;

(2) The value of the estate is not included in the property's appraisal;

(3) The estate's provisions are approved in writing by the director.

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NEW SECTION
WAC 286-42-080   For development projects, are there long term obligations?   Yes.

(1) Properties and facilities assisted with moneys granted by the committee shall not be converted (WAC 286-42-040(1)).

(2) Properties and facilities assisted with moneys granted by the committee shall be:

(a) Built, operated, used, and maintained according to federal, state, and local laws and regulations, including public health standards and building codes;

(b) Built, operated, used, and maintained in a reasonably safe condition for the project's intended use;

(c) Operated and maintained throughout its estimated life so as to prevent undue deterioration;

(d) Built and operated in compliance with all federal and state nondiscrimination laws, regulations, and policies.

(3) Facilities open to the public must:

(a) Be built, operated, and maintained according to state and federal accessibility guidelines;

(b) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods;

(c) Be available for use at reasonable hours and times of the year, according to the type of area or facility.

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NEW SECTION
WAC 286-42-090   Must a grant recipient provide matching funds for the project? Are grant amounts limited?   Yes. The committee establishes sponsor matching share requirements and fund request limits. Any changes to current requirements are normally made at a committee meeting six months before program funding consideration.

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