WHEREAS,
Trust lands are a unique asset, critical to the support of state institutions
of higher education, the common schools, and all of the other state's trusts;
and
WHEREAS,
Concern over past and proposed management actions taken by the department of natural
resources as trust manager has raised the possibility that other state
institutions, in their role as trust beneficiaries, may begin litigation to
clarify the authority, rights, and responsibilities related to the management
of the trusts and the appropriate role of the various parties; and
WHEREAS,
The Legislature believes that litigation should be the last resort to resolve
disputes between state agencies and institutions and that other mechanisms
should be used to clarify the authority, rights, and responsibilities among
agencies and institutions; and
WHEREAS,
There is substantial fiscal impact in the preparation of a habitat conservation
plan as well as long-term effects on trust income. The board of natural
resources must secure and protect the interests of each of the trusts. Because
of the substantial impact on trust income over the length of an agreement, the
board should safeguard the integrity of each trust;
NOW,
THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House
of Representatives concurring, That the Chairs of the Natural Resources
Committees of the Senate and House of Representatives jointly request the
attorney general to render an opinion, no later than August 1, 1996, in
response to questions regarding the authority, rights, and responsibilities
among agencies and institutions with respect to state trust lands under
existing law; and
BE IT
FURTHER RESOLVED, That in preparing the questions to be submitted to the
attorney general, the Chairs of the Natural Resources Committees consult with
the Governor, the Commissioner of Public Lands, the presidents of the
University of Washington and Washington State University, and the
Superintendent of Public Instruction; and
BE IT
FURTHER RESOLVED, That in addition to requesting an opinion on specific
questions, the Chairs of the Natural Resources Committees also request the
attorney general to identify the factual information that may be necessary to
resolve disputes under the legal principles set forth in the opinion; and
BE IT
FURTHER RESOLVED, That the chairs request the attorney general to appoint a
facilitator to assist in the information gathering; and
BE IT
FURTHER RESOLVED, That based on the opinion, the Legislature requests that the
attorney general's office provide recommendations for legislation to clarify
the authority, rights, and responsibilities among agencies and institutions;
and
BE IT
FURTHER RESOLVED, That the Chairs of the Natural Resources Committees of the
Senate and House of Representatives jointly request the Commissioner of Public
Lands, the University of Washington, and Washington State University, to
jointly continue their fact-gathering on this subject; and
BE IT
FURTHER RESOLVED, That the Legislature requests that the trusts make every attempt
to reach consensus with the department of natural resources before any
long-term contract is entered into with the Federal Fish and Wildlife Service
for a Habitat Conservation Plan for state-managed trust lands; and
BE IT
FURTHER RESOLVED, That the Legislature requests that each member of the Board
of Natural Resources make every effort to reach consensus and that the board
not take final action on a proposed habitat conservation plan affecting trust
lands for a sufficient time after issuance of the attorney general's opinion,
but in no case less than sixty days after issuance of the opinion; and
BE IT
FURTHER RESOLVED, That the Legislature requests the Board of Natural Resources
hold public hearings and consider public testimony in each of the seven natural
resource department regions between the issuance of the opinion and any final
action by the Board; and
BE IT
FURTHER RESOLVED, That the Legislature requests that the department of natural
resources provide a trust by trust analysis of how much land will be in forest
production and how much land will be in wildlife habitat or other designation;
and
BE
IT FURTHER RESOLVED, That the Legislature requests that the department of
natural resources provide the beneficiaries of the state-managed timber lands
all information that is requested pertaining to the proposed Habitat
Conservation Plan, including economic information giving the base-line
calculation, on a trust by trust basis, to the satisfaction of each of the
trusts.
