WSR 05-01-030

PERMANENT RULES

INTERAGENCY COMMITTEE

FOR OUTDOOR RECREATION

[ Filed December 3, 2004, 3:28 p.m. , effective January 3, 2005 ]


     

     Purpose: Aquatic lands enhancement (ALEA) program, these are the ALEA program's first WACs and will be [an] asset in helping those involved to understand its most important regulations. Includes information on the funding source, types of organizations that may receive funds, after what date the rules become effective, conversions, required written instruments/documentation, requirements for compliance with standards-regulations-laws-etc., and matching shares and fund request limits.

     Nonhighway and off-road vehicle activities (NOVA) program, make plan requirements and the minimum period for leases consistent with IAC policy (NOVA plan); in the definitions section, delete terms not appearing elsewhere in the WAC; update conversion provisions (revise organization, eliminate redundancies, make clearer, etc.); provide information about the contents of required written instruments; make requirements regarding development project long-term obligations consistent with other IAC programs; and clarify and update provisions regarding the federal agency-IAC agreement.

     Citation of Existing Rules Affected by this Order: Amending WAC 286-04-010, 286-04-090, 286-13-010, 286-13-040, 286-26-020, 286-26-080, 286-26-090, and 286-26-100.

     Statutory Authority for Adoption: RCW 79.90.245 and ESHB 2459 (2004); also RCW 46.09.240.

      Adopted under notice filed as WSR 04-20-097 and 04-20-098 on October 5, 2004.

     Changes Other than Editing from Proposed to Adopted Version: ALEA: (1) Consistent with IAC policy, the minimum lease period is established at twenty-five years (WAC 286-42-060); and (2) since provisions related to "life estates" are included in IAC policy manual #3 ("acquiring land"), similar language is eliminated in the WAC proposal (WAC 286-04-010, 286-42-070).

     NOVA: Since provisions related to "life estates" are included in IAC policy manual #3 ("acquiring land"), similar language is eliminated in the WAC proposal (WAC 286-04-010, 286-26-095).

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 13, Amended 8, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 4, Amended 8, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 8, 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 0, Repealed 0.

     Date Adopted: November 18, 2004.

Greg Lovelady

Rules Coordinator

OTS-7522.3


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.

     "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-7524.1


AMENDATORY SECTION(Amending WSR 01-17-056, filed 8/14/01, effective 9/14/01)

WAC 286-13-040   What are the grant program deadlines(( -- Applications, plans, and matching resources.)) and how can the deadlines be waived?   (1) Applications. To allow time for review, applications must be submitted at least four calendar months 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 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 vary with the type of waiver requested, including:

     (a) When the applicant started the application/planning process (for application and plan deadline waivers);

     (b) Progress made;

     (c) When final plan adoption will occur (for plan deadline waivers);

     (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 34.05.370, 46.09.240(1), 79A.25.210, 79A.15.070, 79A.25.080, chapter 42.17 RCW. 01-17-056, § 286-13-040, filed 8/14/01, effective 9/14/01. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720. 98-08-014, § 286-13-040, filed 3/18/98, effective 4/18/98; 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.]

OTS-7525.3


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

WAC 286-26-020   What definitions((.)) apply to this chapter?   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 related policy manuals for planning, acquisition, development and management of recreation areas and trails)).

     "NOVA advisory committee" as provided in RCW 46.09.280, means the panel of ((NHR recreationists, organized ORV recreational groups, and agency)) representatives chosen to advise the director in the development of the statewide 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)) sport park" as provided in RCW 46.09.020, ((and including, competition sites for)) means a facility that accommodates racing two, three, and/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 funds from the NOVA ((funds)) program account.

     (("ORV use area" as provided in RCW 46.09.020.))

[Statutory Authority: RCW 46.09.240(1). 98-08-014, § 286-26-020, 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, § 286-26-020, 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 97-08-003, filed 3/20/97, effective 4/20/97)

WAC 286-26-080   Does this program have planning eligibility requirements((.))?   Yes. To be eligible for grant consideration under this chapter, applicants must complete a plan in accordance with WAC 286-13-040(2), except that such a plan is not required to support a funding request for education -- enforcement and/or maintenance -- operation projects. 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)) six 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.

[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, § 286-26-080, 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, § 286-26-080, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 46.09.240(1). 94-24-044, § 286-26-080, filed 12/2/94, effective 1/2/95. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, § 286-26-080, filed 8/17/94, effective 9/17/94.]


NEW SECTION
WAC 286-26-083   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 NOVA funds shall not be converted to uses other than those for which the 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.

[]


NEW SECTION
WAC 286-26-085   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(ies) 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 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.

[]


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

WAC 286-26-090   For land acquisition projects(( -- Deed of right, conversions, leases and easements.)), are there long term obligations?   ((For acquisition projects)) Yes. Sponsors must execute an instrument(s) ((or instruments which contain)) containing:

     (1) For fee((, less-than-fee, and easement)) or perpetual property rights acquisition projects:

     (a) A legal description of the property acquired;

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

     (c) A ((restriction)) prohibition 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)) to a principal use other than that for which funds were originally approved without prior approval of the committee.

     (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)), 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 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 twenty-five 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.

[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, § 286-26-090, filed 8/17/94, effective 9/17/94.]


AMENDATORY SECTION(Amending WSR 99-16-009, filed 7/22/99, effective 8/22/99)

WAC 286-26-100   For development projects(( -- Conversion to other uses.)), are there long term obligations?   (((1) Without prior approval of the committee, a facility developed with money granted by the committee 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.)) Yes.

     (1) Properties and facilities assisted with money granted by the committee shall not be converted (WAC 286-26-083(1)).

     (2) Properties and facilities assisted with money 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.

[Statutory Authority: RCW 46.09.240. 99-16-009, § 286-26-100, filed 7/22/99, effective 8/22/99. 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, § 286-26-100, 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, § 286-26-100, filed 8/17/94, effective 9/17/94.]


NEW SECTION
WAC 286-26-105   What provisions apply to federal agencies?   A committee-federal agency agreement signed by the parties shall control the provision of funds granted by the committee for facility developments to federal agency sponsored projects. Absent this agreement, the "general provisions" of committee's project agreement shall control.

[]

OTS-7526.3

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.

[]


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.

[]


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.

[]


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.

[]


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.

[]


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 specified;

     (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 twenty-five 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 286-42-080   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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