BILL REQ. #:  H-4789.1 

READ FIRST TIME 02/01/10.   

     AN ACT Relating to purchase of land by the department of fish and wildlife; amending RCW 77.12.037; adding a new section to chapter 77.12 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.12 RCW to read as follows:
     (1) The department shall seek to minimize any disproportionate geographic impacts when planning to acquire any new real estate to be owned in fee by the department or managed directly by the department. This duty applies to all land purchases not otherwise exempted by this section regardless of the source of funding, including state, private, and federal money.
     (2) The duty to minimize disproportionate geographic impacts is considered fulfilled if, in any five-year period, an average of no more than ten percent of the total acres purchased by the department is located in any one county. The department may only pursue a land acquisition strategy that will result in an average of more than ten percent of the total acres purchased by the department in any five-year period being located in any one county if the legislative authority of the affected county has adopted a resolution granting permission for the department to pursue real estate acquisitions that may result in more than ten percent of the department's purchased acres being located in that county. Any permission granted under this subsection is applicable for the time period during which the county resolution is effective.
     (3) This section only applies to the purchase of privately owned parcels of land in excess of five contiguous acres, or multiple parcels that together exceed five contiguous acres in size, and does not affect the ability of the department to enter into a long-term lease or a temporally-limited easement.

Sec. 2   RCW 77.12.037 and 2000 c 107 s 4 are each amended to read as follows:
     (1) Consistent with section 1 of this act, the commission may acquire by gift, easement, purchase, lease, or condemnation lands, buildings, water rights, rights-of-way, or other necessary property, and construct and maintain necessary facilities for purposes consistent with this title. The commission may authorize the director to acquire property ((under)) consistent with section 1 of this act and this section, but the power of condemnation may only be exercised by the director when an appropriation has been made by the legislature for the acquisition of a specific property, except to clear title and acquire access rights-of-way.
     (2) The commission may sell, lease, convey, or grant concessions upon real or personal property under the control of the department.

NEW SECTION.  Sec. 3   This act takes effect July 1, 2011.