Z-623                 _______________________________________________

 

                                                    HOUSE BILL NO. 550

                        _______________________________________________

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Representatives McMullen, Sutherland, Spanel, Cole, S. Wilson, Allen, Bristow, Fuhrman, Locke, Amondson, May, Sprenkle, Haugen and K. Wilson

 

 

Read first time 2/2/87 and referred to Committee on Natural Resources.  Referred to Committee on Ways & Means 2/16/87.

 

 


AN ACT Relating to purchase of certain state trust lands for park and outdoor recreation purposes; amending RCW 43.51.270; reenacting and amending RCW 43.51.280; adding a new section to chapter 43.51 RCW; and making an appropriation.

 

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

 

        Sec. 1.  Section 1, chapter 210, Laws of 1971 ex. sess. as last amended by section 1, chapter 163, Laws of 1985 and RCW 43.51.270 are each amended to read as follows:

          (1) The board of natural resources and the state parks and recreation commission shall negotiate a sale to the state parks and recreation commission, for park and outdoor recreation purposes, of the trust lands withdrawn as of August 9, 1971 pursuant to law for park purposes and included within the state parks listed in subsection (2) of this section:  PROVIDED, That the sale shall be by contract with a pay-off period of not less than ten years, a price of eleven million twenty-four thousand seven hundred forty dollars or the fair market value, whichever is higher, for the land value, and interest not to exceed six percent.  All fees collected by the commission beginning in the 1973-1975 biennium shall be applied to the purchase price of the trust lands listed in subsection (2) of this section; the acquisition of the property described in subsections (3) and (4)  of this section, and all reasonable costs of acquisition, described in subsection (((4))) (5) of this section; the renovation and redevelopment of state park structures and facilities to extend the original life expectancy or correct damage to the environment of state parks; the maintenance and operation of state parks; and any cost of collection pursuant to appropriations from the trust land purchase account created in RCW 43.51.280.  The department of natural resources shall not receive any management fee pursuant to the sale of the trust lands listed in subsections (2) and (4) of this section.  Timber on the trust lands which are the subject of subsections (2) and (3) of this section shall continue to be under the management of the department of natural resources until such time as the legislature appropriates funds to the parks and recreation commission for purchase of said timber.  The state parks which include trust lands which shall be the subject of this sale pursuant to this section are:

          (2) (a) Penrose Point

          (b) Kopachuck

          (c) Long Beach

          (d) Leadbetter Point

          (e) Nason Creek

          (f) South Whidbey

          (g) Blake Island

          (h) Rockport

          (i) Mt. Pilchuck

          (j) Ginkgo

          (k) Lewis & Clark

          (l) Rainbow Falls

          (m) Bogachiel

          (n) Sequim Bay

          (o) Federation Forest

          (p) Moran

          (q) Camano Island

          (r) Beacon Rock

          (s) Bridle Trails

          (t) Chief Kamiakin (formerly Kamiak Butte)

          (u) Lake Wenatchee

          (v) Fields Springs

          (w) Sun Lakes

          (x) Scenic Beach.

          (3) The board of natural resources and the state parks and recreation commission shall negotiate a mutually acceptable transfer for adequate consideration to the state parks and recreation commission to be used for park and recreation purposes:

          (a) All the state-owned Heart Lake property, including the timber therein, located in section 36, township 35 north, range 1E, W.M. in Skagit county;

          (b) The Moran Park Additions, including the timber thereon, located in sections 16, 17, 19, 26, and 30, township 37 north, range 1W, W.M.;

          (c) The Fort Ebey Addition (Partridge Point), including the timber thereon, located in section 36, township 32 north, range 1W, W.M. and section 6, township 31 north, range 1E, W.M.;

          (d) The South Whidbey Addition (Classic U), including the timber thereon, located in section 29, township 30 north, range 2E, W.M.; and

          (e) The Larrabee Addition, including the timber thereon, located in section 29, township 37 north, range 3E, W.M.

          (4) The board of natural resources and the state parks and recreation commission shall negotiate a sale to the state parks and recreation commission of the lands and timber thereon identified in the joint study under section 4, chapter 163, Laws of 1985, and commonly referred to as:

          (a) The Packwood trust property, Lewis county -- located on the Cowlitz river at Packwood;

          (b) The Iron Horse (Bullfrog) trust property -- adjoining the John Wayne Pioneer Trail at Iron Horse State Park;

          (c) The Soleduck Corridor trust property, Clallam county -- on the Soleduck river at Sappho;

          (d) The Lake Sammamish (Providence Heights) trust property, King county -- adjacent to Hans Jensen Youth Camp area at Lake Sammamish State Park;

          (e) The Kinney Point trust property, Jefferson county -- on the extreme southern tip of Marrowstone Island;

          (f) The Hartstene Island trust property, Mason county -- near Fudge Point on the east side of Hartstene Island approximately two miles south of Jarrell Cove State Park;

          (g) The Wallace Falls trust property addition, Snohomish county -- located adjacent to Wallace Falls State Park;

          (h) The Diamond Point trust property, Clallam county -- on the Strait of Juan De Fuca;

          (i) The Twin Falls trust property addition, King county -- three parcels adjacent to the Twin Falls natural area, King county;

          (j) The Skating Lake trust property, Pacific county -- one and one-half miles north of Ocean Park and two miles south of Leadbetter State Park on the Long Beach Peninsula;

          (k) The Kopachuck trust property addition, Pierce county -- adjoining Kopachuck State Park;

          (l) The Point Lawrence trust property, San Juan county -- on the extreme east point of Orcas Island;

          (m) The Huckleberry Island trust property, Skagit county -- between Guemes Island and Saddlebag Island State Park;

          (n) The Steamboat Rock (Osborn Bay) trust property, Grant county -- southwest of Electric City on Osborn Bay;

          (o) The Lord Hill trust property, Snohomish county -- west of Monroe;

          (p) The Larrabee trust property addition, Whatcom county -- northeast of Larrabee State Park and Chuckanut Mountain;

          (q) The Beacon Rock trust property, Skamania county -- at Beacon Rock State Park;

          (r) The Loomis Lake trust property, Pacific county -- on the east shore of Loomis Lake and Lost Lake;

          (s) The Lake Easton trust property addition, Kittitas county -- one-quarter mile west of Lake Easton State Park near the town of Easton;

          (t) The Fields Spring trust property addition, Asotin county -- adjacent to the west and north boundaries of Fields Spring State Park;

          (u) The Hoypus Hill trust property, Island county -- south of the Hoypus Point natural forest area at Deception Pass State Park;

          (v) The Cascade Island trust property, Skagit county -- on the Cascade river about one and one-half miles east of Marblemount off of the South Cascade county road and ten and one-half miles east of Rockport State Park.

          Payment for the property described in this subsection shall be derived from the following sources:  The appropriation under section 4 of this 1987 act to be applied for the purchase of timber on such property; and the trust land purchase account established pursuant to RCW 43.51.280.  Timber conservation and management practices provided for in RCW 43.51.045 and 43.51.395 shall govern the management of land and timber transferred under this subsection as of the effective date of this section.

          (5) The funds from the trust land purchase account designated for the acquisition of the property described in subsection (3) of this section, and the reasonable costs of acquisition, shall be deposited in the park land trust revolving fund, hereby created, to be utilized by the department of natural resources for the exclusive purpose of acquiring real property as a replacement for the property described in subsection (3) of this section to maintain the land base of the common school trust lands and for the reimbursement of the department of natural resources for all reasonable costs, to include, but not exclusively, the appraisal and cruising of the timber on the property for the acquisition of the property described in subsections (3) and (4) of this section.  Disbursements from the park land trust revolving fund to acquire replacement property, and pay for all reasonable costs of acquisition, for the property described in subsections (3) and (4) of this section shall be on the authorization of the board of natural resources.  In order to maintain an effective expenditure and revenue control, the park land trust  revolving fund shall be subject in all respects to chapter 43.88 RCW, but no appropriation shall be required to permit expenditures and payment of obligations from the fund.  The state treasurer shall be custodian of the revolving fund.

          The department of natural resources shall pay all reasonable costs, to include, but not exclusively, the appraisal and cruising of the timber on the property for the acquisition of the property described in subsection (3) of this section from funds provided in the trust land purchase account.  Any agreement for the transfer of the property described in subsection (3) of this section shall not have an interest rate exceeding ten percent.

          The parks and recreation commission is authorized to accept, receive, disburse, and administer grants or funds or gifts from any source including private individuals, public entities, and the federal government to supplement the funds from the trust land purchase account for the purchase of the property described in subsection (3) of this section.

 

        Sec. 2.  Section 2, chapter 210, Laws of 1971 ex. sess. as last amended by section 34, chapter 57, Laws of 1985 and by section 2, chapter 163, Laws of 1985 and RCW 43.51.280 are each reenacted and amended to read as follows:

          There is hereby created the trust land purchase account in the state treasury.  Any revenues accruing to this account shall be used for the purchase of the property described in RCW 43.51.270(3)(a), to include all reasonable costs of acquisition, and a fee interest or such other interest in state trust lands presently used for park purposes as the state parks and recreation commission shall determine and to reimburse the state parks and recreation commission for the cost of collecting such fees beginning with the 1973-75 fiscal biennium.  Any funds remaining in the account shall be used for the renovation and redevelopment of state park structures and facilities to extend the original life expectancy or correct damage to the environment of state parks and for the maintenance and operation of state parks in the 1981-83 biennium.  Thereafter, the funds shall not be used for such purposes until the money in the account satisfies the payment required to be made in the contract for sale of lands in RCW 43.51.270(2), the acquisition of the property described in RCW 43.51.270(3)(a), those amounts necessary to pay for the remaining trust assets of timber situated on the lands described in RCW 43.51.270(2), and for the acquisition of the property described in RCW 43.51.270(3) (b), (c), (d), and (e) on a schedule satisfactory to the board of natural resources.  Payments may be delayed for property described in RCW 43.51.270(3) (b), (c), (d), and (e) until the existing contract for purchase of lands in RCW 43.51.270(2) has been paid off.  Payments for the property in RCW 43.51.270(4) may be delayed until contracts for purchase of lands and timber described in RCW 43.51.270 (2) and (3) have been paid off.  Payments from the account for those parcels included in RCW 43.51.270(4) shall be established on a schedule which is mutually acceptable to the board of natural resources and the parks and recreation commission.   All earnings of investments of balances in the trust land purchase account shall be credited to the general fund.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 43.51 RCW to read as follows:

          The parks and recreation commission and the department of natural resources may periodically conduct a joint review of trust lands managed by the department to identify those parcels which may be appropriate for transfer to the commission for public recreation purposes.

 

          NEW SECTION.  Sec. 4.     Seven million dollars or so much thereof as may be necessary is appropriated from the general fund to the common school construction account for the biennium ending June 30, 1989, for the purchase of timber rights by the parks and recreation commission on common school trust properties described in RCW 43.51.270(3) (b), (c), and (e) and on properties described in RCW 43.51.270(4).