HOUSE BILL REPORT

HB 1027

BYRepresentatives Amondson, Holm, Sutherland, Vekich, Rasmussen, Jesernig, Meyers, Hargrove, Basich, McMullen, Fisch, Bristow, Betrozoff, Ballard, D. Sommers, May, Fuhrman, S. Wilson, McLean, Miller, J. Williams, Winsley, Silver, P. King, Cooper, Doty and L. Smith 

Providing for the sale of damaged timber from trust lands.

House Committe on Natural Resources

Majority Report:  Do pass.  (15)

      Signed by Representatives Sutherland, Chair; Amondson, Basich, Beck, Bumgarner, Fuhrman, Hargrove, Haugen, R. King, Meyers, Schmidt, C. Smith, Spanel, B. Williams and S. Wilson.

Minority Report:  Do not pass.  (4)

      Signed by Representatives S. Wilson, Vice Chair; Belcher, Cole and Sayan.

House Staff:Bill Koss (786-7129)

AS PASSED HOUSE MARCH 16, 1987

BACKGROUND:

The Department of Natural Resources (DNR) manages approximately 2.1 million acres of forest land.  The Department holds the land in trust for various trusts, primarily for the benefit of the state's educational system and the counties.  Timber sales from DNR-managed lands in fiscal year 1987 will total approximately 880 million board feet.  Timber sale revenue averages about $110 million annually.

Holding the lands in trust means the trustee must protect, conserve, and safeguard the trust assets, for the benefit of the beneficiary, and to use reasonable skill and care to make the trust property produce income.  The trust relationship exists due to conditions the federal government applied for when granting Washington lands upon entry to the Union.  Case law, in various state courts, upholds the trust relationship.

In the event timber is damaged, it may begin to deteriorate, rapidly in some cases.  The deterioration causes trees to loose quality, and consequently, value.  It is common for wind storms, floods, or landslides to cause scattered damage on forest lands throughout the state.

SUMMARY:

The Department of Natural Resources is directed to offer for sale damaged timber within seven months of first identifying the damaged timber.  The timber must be offered for sale unless the sale would not be in the best interest of the trust for which the Department manages the timber.  In determining whether the sale is in the best interest of the trust, the Department will consider the net timber value and relevant social and environmental factors.

If social and environmental factors extend the sale date, the timber shall be offered for sale as soon as possible.

The Department shall not offer for sale timber where the sale is not in the best interest of the trust.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Pat McElroy, DNR.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The Department does not oppose the bill; it represents existing DNR policy.

House Committee - Testimony Against:      None Presented.