AN ACT Relating to abandoned property with historical value; amending RCW 27.53.060 and 43.19.1919; adding a new section to chapter 27.53 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds and declares that historic shipwrecks and underwater archaeological properties are irreplaceable resources for tourism and scientific research and that the preservation of such submerged artifacts is in the public interest. The legislature further finds that historic shipwrecks and underwater artifacts on state-owned submerged lands should be managed under reasonable terms, conditions, and restrictions so as to:

(1) Guarantee opportunities for recreational exploration of historic shipwrecks and submerged archaeological properties that is not harmful to the shipwrecks and properties;

(2) Protect the historical value and environmental integrity of historic shipwrecks and submerged archeological properties and the adjacent natural resources and habitat areas; and

(3) Allow for appropriate public sector recovery and private sector recovery of abandoned shipwrecks and submerged archaeological properties.

NEW SECTION. Sec. 2. A new section is added to chapter 27.53 RCW to read as follows:

(1) All treasure trove, artifacts, and objects, including but not limited to aircraft and ships, having historical value that have been abandoned for a minimum of thirty years on submerged land over which the state has sovereignty belong to the state of Washington, and title thereto is vested in the department of community development.

(2) No aircraft or ship belonging to the state under subsection (1) of this section may be removed from the land without a permit issued by the department of community development. The department of community development may adopt rules on the application and issuance of permits.

Sec. 3. Section 6, chapter 134, Laws of 1975 1st ex. sess. as last amended by section 18, chapter 266, Laws of 1986 and RCW 27.53.060 are each amended to read as follows:

On the private and public lands of this state it shall be unlawful for any person, firm, corporation, or any agency or institution of the state or a political subdivision thereof to knowingly alter, dig into, or excavate by use of any mechanical, hydraulic, or other means, or to damage, deface, or destroy any historic or prehistoric archaeological resource or site, American Indian or aboriginal camp site, dwelling site, rock shelter, cave dwelling site, storage site, grave, burial site, or skeletal remains and grave goods, cairn, or tool making site, or to remove from any such land, site, or area, grave, burial site, cave, rock shelter, or cairn, any skeletal remains, artifact or implement of stone, bone, wood, or any other material, including, but not limited to, projectile points, arrowheads, knives, awls, scrapers, beads or ornaments, basketry, matting, mauls, pestles, grinding stones, rock carvings or paintings, or any other artifacts or implements, or portions or fragments thereof without having obtained written permission from the director for such activities on public property or from the private landowner for such activities on private land. A private landowner may request the director to assume the duty of issuing such permits. The director must obtain the consent of the public property owner or agency responsible for the management thereof, prior to issuance of the permit. The director, in consultation with the Washington state archaeological research center, shall develop guidelines for the issuance and processing of such permits. Such written permission shall be physically present while any such activity is being conducted. The provisions of this section shall not apply to the removal of artifacts found exposed on the surface of the ground ((~~nor to the excavation and removal of artifacts from state owned shorelands below the line of ordinary high water or within the intertidal zone~~)).

Sec. 4. Section 43.19.1919, chapter 8, Laws of 1965 as amended by section 11, chapter 21, Laws of 1975-'76 2nd ex. sess. and RCW 43.19.1919 are each amended to read as follows:

The division of purchasing shall sell or exchange personal property belonging to the state for which the agency, office, department, or educational institution having custody thereof has no further use, at public or private sale, and cause the moneys realized from the sale of any such property to be paid into the fund from which such property was purchased or, if such fund no longer exists, into the state general fund: PROVIDED, Sales of capital assets may be made by the division of purchasing and a credit established in central stores for future purchases of capital items as provided for in RCW 43.19.190 through 43.19.1939, as now or hereafter amended: PROVIDED FURTHER, That personal property, excess to a state agency, including educational institutions, shall not be sold or disposed of prior to reasonable efforts by the division of purchasing to determine if other state agencies have a requirement for such personal property. Such determination shall follow sufficient notice to all state agencies to allow adequate time for them to make their needs known: PROVIDED, FURTHER, That this section shall not apply to personal property acquired by a state organization under federal grants and contracts if in conflict with special title provisions contained in such grants or contracts.

This section does not apply to property under section 2 of this 1988 act.