1397-S

AN ACT Relating to transfer of state forest lands back to counties; amending RCW 76.12.030; and adding new sections to chapter 76.12 RCW.

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

Sec. 1. RCW 76.12.030 and 1991 c 363 s 151 are each amended to read as follows:

If any land acquired by a county through foreclosure of tax liens, or otherwise, comes within the classification of land described in RCW 76.12.020 and can be used as state forest land and if the department deems such land necessary for the purposes of this chapter, the county ((~~shall~~)) may, upon ((~~demand~~)) request by the department, deed such land to the department and the land shall become a part of the state forest lands.

Such land shall be held in trust and administered and protected by the department as other state forest lands. Any moneys derived from the lease of such land or from the sale of forest products, oils, gases, coal, minerals, or fossils therefrom, shall be distributed as follows:

(1) The expense incurred by the state for administration, reforestation, and protection, not to exceed twenty-five percent, which rate of percentage shall be determined by the board of natural resources, shall be returned to the forest development account in the state general fund.

(2) Any balance remaining shall be paid to the county in which the land is located to be paid, distributed, and prorated, except as hereinafter provided, to the various funds in the same manner as general taxes are paid and distributed during the year of payment: PROVIDED, That any such balance remaining paid to a county with a population of less than nine thousand shall first be applied to the reduction of any indebtedness existing in the current expense fund of such county during the year of payment.

NEW SECTION. Sec. 2. The legislative authority of a county shall have the option of reacquiring total control of all of its state forest board transfer lands, within the county, that are currently being administered by the department of natural resources. In the event of a transfer to a county, these lands shall be retained in trust and administered and protected as other state forest lands. Sixty days after notification is given to the department of natural resources, the county will regain administrative control of these lands. By the end of this sixty-day period, the department of natural resources shall return all records pertaining to these lands to the respective counties. These records shall include, but not be limited to, legal descriptions, stand inventories, listings of all expenditures on these lands, and other pertinent records.

Upon the filing of an application by the county legislative authority, the department of natural resources shall cause notice of the impending transfer to be given in a manner provided by RCW 42.30.060. The department shall reconvey the forest lands to the requesting county for as long as the forest lands or traded lands are kept in commercial forest status.

NEW SECTION. Sec. 3. Revenue from the sale of timber and other forest products from the lands transferred to the counties shall be distributed according to the general tax distribution of the county. Counties may deduct a fee of up to twenty-five percent of such revenues to cover the management of the county forest lands.

NEW SECTION. Sec. 4. Any state or federal restrictions on log export will apply to the county forest lands. State forest practice law shall apply to the management of the county forest lands.

NEW SECTION. Sec. 5. The counties shall manage county forest lands using state of the art silviculture practices. Management may be contracted to private professional foresters. Counties may jointly manage lands with written agreement by the respective legislative authorities.

NEW SECTION. Sec. 6. County forest lands may be traded to other public or private parties on a value-for-value basis as long as all lands are kept in commercial forest status. The county shall allow public access when consistent with forest practice requirements. The county shall allow access to other public or private lands by agreement when such access is needed for forest management purposes, or other purposes specified by the agreement.

NEW SECTION. Sec. 7. Sections 2 through 6 of this act are each added to chapter 76.12 RCW.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.