WSR 06-01-062

PROPOSED RULES

INTERAGENCY COMMITTEE

FOR OUTDOOR RECREATION

[ Filed December 19, 2005, 1:28 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-17-031.

Title of Rule and Other Identifying Information: Washington wildlife and recreation program (WWRP), chapter 286-27 WAC. Amending WAC 286-27-010, Scope (purpose), 286-27-040, Planning eligibility, 286-27-055, Acquisition projects -- Long-term obligations, 286-27-065, Development projects -- Long-term obligations and 286-27-075, Matching amounts and caps; new WAC 286-27-045, Conversions defined, 286-27-061, Restoration projects -- Long-term obligations, 286-27-066, Conversions of use -- Additional rules and 286-27-071, Sale of farmlands; and repealing WAC 286-27-020, Effective date and 286-27-060, Conversions (see WAC 286-27-045 and 286-27-066).

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on February 2, 2006, at 1 p.m.

Date of Intended Adoption: February 2, 2006.

Submit Written Comments to: Greg Lovelady, IAC Rules Coordinator, 1111 Washington Street S.E., Natural Resources Building, P.O. Box 40917, Olympia, WA 98504-0917, e-mail GregL@iac.wa.gov, fax (360) 902-3026, phone (360) 902-3008, by January 23, 2006.

Assistance for Persons with Disabilities: Contact Greg Lovelady by January 25, 2006, TTY (360) 902-1996 or (360) 902-3008.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: IAC proposes to revise this WAC chapter to: (1) Provide updates necessary to include the four new grant programs provided by the 2005 legislature in ESSB 5396 (chapter 79A.15 RCW), farmlands preservation, riparian protection, state agency lands restoration-enhancement, state agency lands development-renovation; (2) clarify existing language.

The following describes some of the proposed updates.

WAC 286-27-045, 286-27-055, 286-27-061 and 286-27-066, conversions, provisions from elsewhere in chapter 286-27 WAC are brought into these sections and expanded to include restoration and enhancement; included is information regarding the contents of required document(s) and the conditions for IAC approval of conversions.

WAC 286-27-055, 286-27-061 and 286-27-065, long-term obligations, provides information on the responsibilities of project sponsors that use WWRP funds for land acquisition, restoration, and/or development.

WAC 286-27-071, sale of farmlands, the disposition of funds resulting from the sale of farmlands and required approval are discussed.

WAC 286-27-075, matching amounts and caps, continues to specify that IAC will establish sponsor matching requirements and request limits. Deletes the provision that these amounts are "normally" established six months before program funding consideration (intent is to add this provision to the IAC policy manual).

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 79A.15.030(8), 79A.15.060(1), 79A.15.070(5), 79A.15.120(4), 79A.15.130(4).

Statute Being Implemented: Chapter 79A.15 RCW.

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, P.O. Box 40917, Olympia, WA 98504, 1111 Washington Street, Olympia, (360) 902-3008; Implementation and Enforcement: Laura Eckert Johnson, P.O. Box 40917, Olympia, WA 98504, 1111 Washington Street, Olympia, (360) 902-3000.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable. Affected parties are local governments, state and federal 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.

December 15, 2005

Greg Lovelady

Rules Coordinator

OTS-8512.2


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

WAC 286-27-010   ((Scope.)) What is the purpose of this chapter?   This chapter contains rules affecting the Washington wildlife and recreation grant program (WWRP) administered by the committee under chapter 79A.15 RCW ((43.98A.060(1) and 43.98A.070(5))). Additional provisions are contained in "General grant assistance rules," chapter 286-13 WAC. These moneys are available through the committee for projects in ((state parks, local parks, trails, water access, critical habitat, natural areas and urban wildlife habitat)) the following accounts and categories:

(1) Farmlands preservation account.

(2) Habitat conservation account:

(a) Critical habitat category;

(b) Natural areas category;

(c) Urban wildlife habitat category; and

(d) Restoration-enhancement on state lands category.

(3) Outdoor recreation account:

(a) State parks category;

(b) Local parks category;

(c) Trails category;

(d) Water access category; and

(e) Development-renovation on state lands category.

(4) Riparian protection 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, 286-27-010, filed 3/29/96, effective 4/29/96. Statutory Authority: Chapter 43.99 RCW. 91-17-010, 286-27-010, filed 8/12/91, effective 9/12/91.]


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

WAC 286-27-040   Does the WWRP have planning requirements((.))?   Yes. Except as noted under subsection (2) of this section, to be eligible for grant consideration under this chapter, applicants must complete a plan in accordance with WAC 286-13-040(2).

(1) At minimum the plan must include:

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

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

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

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

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

(((6))) (f) 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)) would be approved at the council level and a county-wide plan at the county council or commission level. Plans with a different scope ((will)) would 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.)) (2) A plan is not required for projects submitted in the farmland preservation account.

[Statutory Authority: RCW 43.98A.060(1). 98-08-014, 286-27-040, 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. 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.]


NEW SECTION
WAC 286-27-045   What is a conversion of use?   A "conversion" occurs when interests in real property and facilities acquired, developed, renovated, enhanced or restored with WWRP funds are converted to uses other than those for which the funds were originally approved and described in the project agreement with the committee. Interests in real property include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights.

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

WAC 286-27-055   ((Acquisition projects -- Deed of right, conversions, leases and easements.)) Are there long-term obligations for acquiring interest in real property?   ((For acquisition projects,)) Yes. Sponsors must execute an instrument(s) ((or instruments which contain)) containing these provisions:

(1) For ((fee, less-than-fee, and easement)) acquisition ((projects)) of perpetual interest in real property:

(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 for farmland, 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.)) Except as provided in WAC 286-27-066, agreement to a prohibition on conversion of use.

(2) For acquisition of nonperpetual interest in real property:

(a) A legal description of the property and a description of the interests acquired;

(b) A conveyance to the state of Washington of the right to use the described real property for farmland, habitat conservation, and/or outdoor recreation purposes for the term of the lease or easement;

(c) Except as provided in WAC 286-27-066, agreement to a prohibition on conversion of use;

(d) A lease(s) or easement(s) period of at least fifty years except for:

(i) Farmlands preservation account projects which shall be for at least twenty-five years;

(ii) Projects that extend conservation reserve enhancement program leases which shall be for at least twenty-five years;

(e) Is not revocable at will;

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

(g) Terms of payment between the sponsor and seller.

[Statutory Authority: RCW 43.98A.060(1). 98-08-014, 286-27-055, 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, 286-27-055, filed 3/29/96, effective 4/29/96.]


NEW SECTION
WAC 286-27-061   Are there long-term obligations for restoration projects?   Yes.

(1) Unless otherwise approved by the committee, environmental restoration and enhancement projects granted WWRP funds must continue to provide the functions for which the funds were originally approved and not be converted to any other use.

(2) When approving such a conversion, the committee shall require the grant recipient or successor to provide for environmental restoration or enhancement as a replacement. When approving the replacement, committee considerations shall include the intended ecological benefits of the replacement compared to those of the original project and likelihood that the replacement project will be successful.

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

WAC 286-27-065   ((Development projects -- Conversion to other uses.)) Are there long-term obligations for development projects?   (((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 plan (see WAC 286-27-040); and

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

(1) Properties, structures, and facilities developed with the assistance of money granted by the committee shall not be converted except as provided in WAC 286-27-066.

(2) Properties, structures, and facilities developed with the assistance of money granted by the committee shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health standards to assure a reasonably safe condition and to prevent premature deterioration.

(3) Properties, structures, and facilities intended for public use shall meet state and federal accessibility guidelines and nondiscrimination laws, regulations, and policies; be maintained to a standard that encourages use; and be open and available to the public at reasonable hours and times of the year.

[Statutory Authority: RCW 43.98A.060(1). 98-08-014, 286-27-065, 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, 286-27-065, filed 3/29/96, effective 4/29/96.]


NEW SECTION
WAC 286-27-066   What additional rules apply to conversions of use?   (1) Except as provided in this section, interest in real property and facilities acquired, developed, renovated, enhanced or restored with WWRP funds shall not, without prior approval of the committee be converted to uses other than those for which the funds were originally approved.

(2) The committee shall assure the substitution or replacement of interest in real property and/or facilities in accordance with this chapter.

(3) The committee shall only approve conversions when:

(a) All practical alternatives to the conversion have been evaluated and rejected; and

(b) The sponsor or successor will provide another interest in real property(s) and/or facilities to serve as a replacement. The replacement must:

(i) Be of equivalent or greater usefulness and location;

(ii) Be administered by the same sponsor or successor unless otherwise approved by the committee;

(iii) Satisfy need(s) identified in the most recent plan(s) required under WAC 286-27-040;

(iv) Be eligible to receive a grant in the WWRP account or category from which funds were originally allocated, unless otherwise authorized by the committee;

(v) If acquisition of interests in real property: Be interest in real property(ies) of at least equal fair market value and public benefit at the time of replacement;

(vi) 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 of WWRP funds; and

(vii) If a restoration or enhancement project: Provide restoration or enhancement activities necessary to replicate the ecological benefit intended by the project.

(4) Projects authorized by the Interstate Commerce Commission under section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d) shall convert to railroad purposes automatically upon reactivation of a line for rail purposes under an ICC order. Substitution or replacement with interest in real property, facilities or moneys which are of at least equal fair market value at the time of replacement may be required.

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NEW SECTION
WAC 286-27-071   What rules apply to the sale of farmlands?   (1) Any moneys from the sale of farmland acquired by a city or county in fee simple with farmland preservation account funds, along with any net income derived from agricultural activities on the property, shall be returned to the farmland preservation account, or, used by the city or county to purchase interests in additional farmland properties. The city or county may deduct expenses associated with the transaction and management of the property as authorized by the committee.

(2) The sale of the farmland and use of funds to purchase additional farmland properties must be approved by the committee.

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

WAC 286-27-075   ((Matching amounts and caps determined.)) Are matching resources required -- Are there caps?   Yes. Consistent with RCW ((43.98A.060)) 79A.15.060(4) and ((43.98A.070)) 79A.15.070(4), the committee will establish sponsor matching share requirements and ((acquisition-development)) fund request limits. ((Any changes will normally be done at a committee meeting six months before program funding consideration.))

[Statutory Authority: None supplied by agency. 98-08-014, 286-27-075, 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, 286-27-075, filed 3/29/96, effective 4/29/96.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 286-27-020 Effect.
WAC 286-27-060 Project conversions.