S-4106

AN ACT Relating to purchase of certain state trust lands for park and outdoor recreation purposes; amending RCW 43.51.270; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 43.51.270 and 1988 c 79 s 1 are each amended to read as follows:

(1) The board of natural resources and the state parks and recreation commission shall negotiate a sale to the state parks and recreation commission, for park and outdoor recreation purposes, of the trust lands withdrawn as of August 9, 1971, pursuant to law for park purposes and included within the state parks listed in subsection (2) of this section: PROVIDED, That the sale shall be by contract with a pay-off period of not less than ten years, a price of eleven million twenty-four thousand seven hundred forty dollars or the fair market value, whichever is higher, for the land value, and interest not to exceed six percent. All fees collected by the commission beginning in the 1973-1975 biennium shall be applied to the purchase price of the trust lands listed in subsection (2) of this section; the acquisition of the property described in subsections (3) and (4) of this section, and all reasonable costs of acquisition, described in subsection (5) of this section; the renovation and redevelopment of state park structures and facilities to extend the original life expectancy or correct damage to the environment of state parks; the maintenance and operation of state parks; and any cost of collection pursuant to appropriations from the trust land purchase account created in RCW 43.51.280. The department of natural resources shall not receive any management fee pursuant to the sale of the trust lands listed in subsections (2) and (4) of this section. Timber on the trust lands which are the subject of subsections (2), (3), and (4) of this section shall continue to be under the management of the department of natural resources until such time as the legislature appropriates funds to the parks and recreation commission for purchase of said timber. The state parks which include trust lands which shall be the subject of this sale pursuant to this section are:

(2) (a) Penrose Point

(b) Kopachuck

(d) Leadbetter Point

(e) Nason Creek

(f) South Whidbey

(g) Blake Island

(h) Rockport

(i) Mt. Pilchuck

(j) Ginkgo

(k) Lewis & Clark

(l) Rainbow Falls

(m) Bogachiel

(n) Sequim Bay

(o) Federation Forest

(p) Moran

(q) Camano Island

(r) Beacon Rock

(s) Bridle Trails

(t) Chief Kamiakin (formerly Kamiak Butte)

(u) Lake Wenatchee

(v) Fields Springs

(w) Sun Lakes

(x) Scenic Beach.

(3) The board of natural resources and the state parks and recreation commission shall negotiate a mutually acceptable transfer for adequate consideration to the state parks and recreation commission to be used for park and recreation purposes:

(a) All the state-owned Heart Lake property, including the timber therein, located in section 36, township 35 north, range 1E, W.M. in Skagit county;

(b) The Moran Park Additions, including the timber thereon, located in sections 16, 17, 19, 26, and 30, township 37 north, range 1W, W.M.;

(c) The Fort Ebey Addition (Partridge Point), including the timber thereon, located in section 36, township 32 north, range 1W, W.M. and section 6, township 31 north, range 1E, W.M.;

(d) The South Whidbey Addition (Classic U), including the timber thereon, located in section 29, township 30 north, range 2E, W.M.; and

(e) The Larrabee Addition, including the timber thereon, located in section 29, township 37 north, range 3E, W.M.

(4) The board of natural resources and the state parks and recreation commission shall negotiate a sale to the state parks and recreation commission of the lands and timber thereon identified in the joint study under section 4, chapter 163, Laws of 1985, and commonly referred to as:

(a) The Packwood trust property, Lewis county -- located on the Cowlitz river at Packwood;

(b) The Iron Horse (Bullfrog) trust property -- adjoining the John Wayne Pioneer Trail at Iron Horse State Park;

(d) The Lake Sammamish (Providence Heights) trust property, King county -- adjacent to Hans Jensen Youth Camp area at Lake Sammamish State Park;

(e) The Kinney Point trust property, Jefferson county -- on the extreme southern tip of Marrowstone Island;

(f) The Hartstene Island trust property, Mason county -- near Fudge Point on the east side of Hartstene Island approximately two miles south of Jarrell Cove State Park;

(g) The Wallace Falls trust property addition, Snohomish county -- located adjacent to Wallace Falls State Park;

(h) The Diamond Point trust property, Clallam county -- on the Strait of Juan De Fuca;

(i) The Twin Falls trust property addition, King county -- three parcels adjacent to the Twin Falls natural area, King county;

(j) The Skating Lake trust property, Pacific county -- one and one-half miles north of Ocean Park and two miles south of Leadbetter State Park on the Long Beach Peninsula;

(k) The Kopachuck trust property addition, Pierce county --adjoining Kopachuck State Park;

(l) The Point Lawrence trust property, San Juan county -- on the extreme east point of Orcas Island;

(m) The Huckleberry Island trust property, Skagit county --between Guemes Island and Saddlebag Island State Park;

(n) The Steamboat Rock (Osborn Bay) trust property, Grant county -- southwest of Electric City on Osborn Bay;

(o) The Lord Hill trust property, Snohomish county -- west of Monroe;

(p) The Larrabee trust property addition, Whatcom county --northeast of Larrabee State Park and Chuckanut Mountain;

(q) The Beacon Rock trust property, Skamania county -- at Beacon Rock State Park;

(r) The Loomis Lake trust property, Pacific county -- on the east shore of Loomis Lake and Lost Lake;

(s) The Lake Easton trust property addition, Kittitas county -- one-quarter mile west of Lake Easton State Park near the town of Easton;

(t) The Fields Spring trust property addition, Asotin county -- adjacent to the west and north boundaries of Fields Spring State Park;

(u) The Hoypus Hill trust property, Island county -- south of the Hoypus Point natural forest area at Deception Pass State Park;

(v) The Cascade Island trust property, Skagit county -- on the Cascade river about one and one-half miles east of Marblemount off of the South Cascade county road and ten and one-half miles east of Rockport State Park.

Payment for the property described in this subsection shall be derived from the trust land purchase account established pursuant to RCW 43.51.280. Timber conservation and management practices provided for in RCW 43.51.045 and 43.51.395 shall govern the management of land and timber transferred under this subsection as of the effective date of the transfer only, and nothing in this chapter shall be construed as restricting or otherwise modifying the board of natural resources' management, control, or use of such land and timber until such date.

To accomplish the purposes of this chapter, the parks and recreation commission shall, to the extent feasible, acquire the full parcels identified in subsection (1) of this section and described in the joint study conducted by the commission and the department under section 4, chapter 163, Laws of 1985; provided, however, to the extent authorized by the commission by its action of December 7, 1990, as now or hereafter amended, the boundaries of the Diamond Point trust property under subsection (4)(h) of this section may vary from the property boundaries described in the joint study.

(5) The funds from the trust land purchase account designated for the acquisition of the property described in subsections (3) and (4) of this section, and the reasonable costs of acquisition, shall be deposited in the park land trust revolving fund, hereby created, to be utilized by the department of natural resources for the exclusive purpose of acquiring real property as a replacement for the property described in subsections (3) and (4) of this section to maintain the land base of the several trusts and for the reimbursement of the department of natural resources for all reasonable costs, to include, but not exclusively, the appraisal and cruising of the timber on the property for the acquisition of the property described in subsections (3) and (4) of this section. Disbursements from the park land trust revolving fund to acquire replacement property, and pay for all reasonable costs of acquisition, for the property described in subsections (3) and (4) of this section shall be on the authorization of the board of natural resources. In order to maintain an effective expenditure and revenue control, the park land trust revolving fund shall be subject in all respects to chapter 43.88 RCW, but no appropriation shall be required to permit expenditures and payment of obligations from the fund. The state treasurer shall be custodian of the revolving fund.

The department of natural resources shall pay all reasonable costs, to include, but not exclusively, the appraisal and cruising of the timber on the property for the acquisition of the property described in subsection (3) of this section from funds provided in the trust land purchase account. Any agreement for the transfer of the property described in subsection (3) of this section shall not have an interest rate exceeding ten percent.

The parks and recreation commission is authorized to accept, receive, disburse, and administer grants or funds or gifts from any source including private individuals, public entities, and the federal government to supplement the funds from the trust land purchase account for the purchase of the property described in subsection (3) of this section.

NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.