Passed by the Senate April 28, 1991

Yeas 46 Nays 1

President of the Senate

Passed by the House April 28, 1991

Yeas 98 Nays 0

Speaker of the

House of Representatives

Approved

Governor of the State of Washington

CERTIFICATE

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5612 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Secretary

FILED

Secretary of State

State of Washington

AN ACT Relating to natural resources conservation areas; amending RCW 79.71.010, 79.71.020, 79.71.030, 79.71.050, 79.71.060, 79.71.070, 79.71.080, and 79.71.090; adding a new section to chapter 77.12 RCW; creating new sections; and repealing RCW 79.71.110.

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

Sec. 1. RCW 79.71.010 and 1987 c 472 s 1 are each amended to read as follows:

The legislature finds that: (1) ((~~That~~)) There is an increasing and continuing need by the people of Washington for certain areas of the state to be conserved, in rural as well as urban settings, for the benefit of present and future generations; (2) ((~~that~~)) such areas are worthy of conservation for their outstanding scenic and ecological values and provide opportunities for ((~~dispersed~~)) low impact public ((~~recreation~~)) use; (3) ((~~that~~)) in certain cases acquisition of property or rights in property is necessary to protect these areas for public purposes; and (4) ((~~that~~)) there is a need for ((an)) a state agency to act in an effective and timely manner to acquire interests in such areas and to develop appropriate management strategies for conservation purposes.

Sec. 2. RCW 79.71.020 and 1987 c 472 s 2 are each amended to read as follows:

Lands possessing the following characteristics are considered by the legislature to be worthy of consideration for conservation purposes:

(1) Lands identified as having high priority for conservation, natural systems, wildlife, and ((~~dispersed recreational~~)) low-impact public use values;

(2) ((~~Prime natural features of the Washington landscape or portions thereof, inland or coastal wetlands, significant littoral, estuarine, or aquatic sites, or important geological features~~)) An area of land or water, or land and water, that has flora, fauna, geological, archaeological, scenic, or similar features of critical importance to the people of Washington and that has retained to some degree or has reestablished its natural character;

(3) Examples of native ecological communities; and

(4) Environmentally significant sites threatened with conversion to incompatible or ecologically irreversible uses.

Sec. 3. RCW 79.71.030 and 1987 c 472 s 3 are each amended to read as follows:

As used in this chapter:

"Commissioner" means the commissioner of public lands.

"Department" means the department of natural resources.

"Conservation purposes" include but are not limited to: (1) Maintaining, enhancing, or restoring ecological systems, including but not limited to aquatic, coastal, riparian, montane, and geological systems, whether such systems be unique or typical to the state of Washington; (2) maintaining exceptional scenic landscapes; (3) maintaining habitat for threatened, endangered, and sensitive species; (4) enhancing sites for primitive recreational purposes; and (5) outdoor environmental education.

"Low-impact public use" includes public recreation uses and improvements that do not adversely affect the resource values, are appropriate to the maintenance of the site in a relatively unmodified natural setting, and do not detract from long-term ecological processes.

"Management ((~~for conservation purposes~~)) activities" may include limited production of income from forestry, agriculture, or other resource management activities, if such actions are consistent with the other purposes and requirements of this chapter.

(("Washington natural resources conservation area" is an area of land and/or water which retains to some degree or has reestablished its natural character, although it need not be completely undisturbed, or has flora, fauna, geological, archaeological, scenic, or similar features of critical importance to the people of Washington.))

"Natural resources conservation area" or "conservation area" means an area having the characteristics identified in RCW 79.71.020.

Sec. 4. RCW 79.71.050 and 1987 c 472 s 5 are each amended to read as follows:

The department is authorized to transfer fee simple interest or less than fee interests in trust land, as defined by Article XVI of the Washington Constitution, for the creation of natural resources conservation ((~~management~~)) areas, ((~~providing there is~~)) provided the owner of the trust land receives full fair market value compensation for all rights transferred. The proceeds from such transfers shall be used for the exclusive purpose of acquiring real property to replace those interests utilized for the conservation area in order to meet the department's fiduciary obligations and to maintain the productive land base of the various trusts.

Sec. 5. RCW 79.71.060 and 1987 c 472 s 6 are each amended to read as follows:

The department shall hold a public hearing in the county where the majority of the land in the proposed natural resources conservation area is located prior to establishing the boundary. An area proposed for designation must contain resources consistent with ((~~the purposes of this chapter~~)) characteristics identified in RCW 79.71.020.

Sec. 6. RCW 79.71.070 and 1987 c 472 s 7 are each amended to read as follows:

The department shall develop a management plan for each designated area. The plan shall identify the significant resources to be conserved consistent with the purposes of this chapter and identify the areas with potential for ((~~primitive recreation~~)) low-impact public and environmental educational uses. The plan shall specify what types of management activities ((~~will be~~)) and public uses that are permitted, consistent with the conservation purposes of this chapter. The department shall make such plans available for review and comment by the public and other state, tribal, and local agencies, prior to final approval by the commissioner.

Sec. 7. RCW 79.71.080 and 1987 c 472 s 8 are each amended to read as follows:

The department is authorized to administer natural ((~~resource[s]~~)) resources conservation areas and may enter into management agreements for these areas with ((~~other~~)) federal agencies, state agencies, local governments, and private nonprofit conservancy corporations, as defined in RCW 64.04.130, when such agreements are consistent with the purposes of acquisition as defined in the adopted ((~~site~~)) management plan. All management activities within a Washington natural resources conservation area will conform with the plan. Any moneys derived from the management of these areas in conformance with the adopted plan shall be deposited in the natural resources conservation areas stewardship account ((~~established in RCW 79.71.090~~)).

Sec. 8. RCW 79.71.090 and 1987 c 472 s 9 are each amended to read as follows:

There is hereby created the natural resources conservation areas stewardship account in the state treasury to ensure proper and continuing management of land acquired or designated pursuant to this chapter. Funds for the stewardship account shall be derived from appropriations of state general funds, federal funds, grants, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Income derived from the management of natural resources conservation areas shall also be deposited in this stewardship account. The state treasurer may not deduct a fee for managing the funds in the stewardship account.

Appropriations from this account to the department shall be expended for no other purpose than the following: (1) To manage the areas approved by the legislature in fulfilling the purposes of this chapter; (2) to manage property acquired as natural area preserves under chapter 79.70 RCW; (3) to manage property transferred under the authority and appropriation provided by the legislature to be managed under chapter 79.70 RCW or this chapter or acquired under chapter 43.98A RCW; and (4) to pay for operating expenses for the natural heritage program under chapter 79.70 RCW.

NEW SECTION. Sec. 9. The balance in the conservation area account is transferred to the natural resources conservation areas stewardship account under RCW 79.71.090.

NEW SECTION. Sec. 10. Two million dollars from the existing stewardship account balance shall remain in the account to create an endowment.

NEW SECTION. Sec. 11. RCW 79.71.110 and 1987 c 472 s 11 are each repealed.

NEW SECTION. Sec. 12. A new section is added to chapter 77.12 RCW to read as follows:

(1) The Union Bay portion of Lake Washington is recognized as a prime wetland area that is of significant importance for wildlife habitat, educational opportunity, and recreation. It is also situated near an important research institution, the University of Washington.

(2) The department shall coordinate a cooperative planning effort, to include all interested property owners and managers within or adjacent to Union Bay, and other interested parties, to identify and plan for the Union Bay cooperative wildlife habitat management area. The boundaries of the area shall be delineated by all cooperators in the effort. The plan may not contain restrictions or limitations on the rights of property owners that are more restrictive than the restrictions and limitations in effect on the effective date of this section. The plan may not contain restrictions on water-related uses of the bay that are more restrictive than those in effect on the effective date of this section.

(3) The department and cooperators identified pursuant to subsection (2) of this section shall identify wildlife resources of, wildlife management objectives for, and compatible uses with wildlife in the Union Bay cooperative wildlife habitat management area. The department and cooperators shall also identify appropriate environmental education opportunities for the area. The department and cooperators shall develop a plan for comanagement of the Union Bay cooperative wildlife habitat management area.

(4) The department shall provide progress reports to the house of representatives committee on fisheries and wildlife and the senate committee on environment and natural resources by December 1, 1991, and December 1, 1992.

(5) The department may solicit gifts, grants, conveyances, bequests, and devises, whether real or personal property, or both, in trust or otherwise, to be directed to the department for carrying out the purposes of this section. The department may solicit contracts for work, financial and in-kind contributions, and support from private industries, interest groups, federal and state sources, and other sources, for the purposes of this section.

NEW SECTION. Sec. 13. If specific funding for the purposes of section 12 of this act, referencing section 12 of this act by bill and section number, is not provided by June 30, 1991, in the omnibus appropriations act, section 12 of this act shall be null and void.