H-2316

AN ACT Relating to transfer of state forest lands back to counties; and adding a new section to chapter 76.12 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 76.12 RCW to read as follows:

(1) A county legislative authority may file an application with the board of natural resources for the transfer of all of the forest lands that were acquired from the county by the state pursuant to RCW 76.12.030 and that are under the administration of the department of natural resources. Upon the filing of an application by the county legislative authority, the board of natural resources shall direct the department of natural resources to reconvey the forest lands to the requesting county. The reconveyance must be done by quitclaim deed. Once these forest lands have been reconveyed to the requesting county, the lands may not be reconveyed to the state in the future.

(2) Upon formal notification to the department by the respective county that it desires its forest board transfer lands reconveyed, the department must transfer all data and documents concerning these lands to the respective county within ninety days of the notification. Upon this formal notification by the county, the department must halt all proposed sale activity on the forest board transfer land within the respective county.

(3) The following provisions apply to any county that requests reconveyance of its forest board transfer lands:

(a) Once the land has been reconveyed to a county, it must be kept in commercial forest status and may not be sold. The lands must be managed on a sustained yield basis and in a manner that maximizes the financial benefit to the trust beneficiaries in the county.

(b) Except as provided in this subsection, the lands must be managed in compliance with, but not in excess of, state forest practices rules. However, a county may manage its lands beyond the requirements of the state rules if the county must do so in order to be in compliance with federal laws or rules or if this is required as part of participating in agreements or plans as provided in (d) of this subsection.

(c) The county may deduct no more than twenty percent of the moneys derived from the lease of these lands or from the sale of timber or other products from these lands for administration, reforestation, and protection of the lands. The balance of these revenues will continue to be dispersed as those revenues were distributed under state management of these lands, unless the distribution is altered by the legislature.

(d) Existing memorandums of agreement, memorandums of understanding, landscape plans, habitat conservation plans, and similar agreements may be continued at the discretion of the county. Any proposed habitat conservation plan use of these lands is not permitted unless the county legislative authority agrees to the use by resolution after public hearings and a full fiscal analysis.

(e) Public access to the land must be allowed whenever possible, subject to the discretion of the local legislative authority. Lands shall be open for public recreation consistent with timber management goals. Lands that have recreational use funded by the interagency committee for outdoor recreation, or other similar source, shall remain in recreational use as dictated by agreement, contract, rule, or statute.

(4) All existing contracts for forest board transfer lands will be honored until the completion of the contract, but no extensions will be granted. The department must replant all lands where there is an active sale occurring at the time the county gives formal notice to the department for reconveyance of the land. The county assumes liability for those lands not under contract for harvest by the purchaser at the date of the transfer of the quitclaim deed. Those lands under contract transfer to the county on the expiration date of the original contract. No extensions will be granted. The county will have the option of either having the department replant those lands, or having the lands replanted and billing the department for that activity. When billed, the department must make payment within sixty days.

(5) All counties that exercise their option of reconveyance must make an annual report to the senate and house of representatives natural resources committees, or their successor committees, and to the board of natural resources, by February 1st of each year, as to the activities on the reconveyed lands. The report must include, but is not limited to: The number of acres harvested; the volume of harvest from those acres; the number of acres replanted; the number of acres precommercially thinned; the annual cost on a per acre basis; the age of the timber on the acres harvested; the number of acres not designated for harvest and the reason why such a designation was made; and the number of acres closed to public recreation and the reason for the closure.