SENATE BILL REPORT
SB 5404
BYSenators McDonald, Kreidler, Cantu, Talmadge, Bailey, Gaspard, Metcalf, Hansen, Williams, Bluechel, Lee and Rinehart
Revising requirements for natural resources conservation areas.
Senate Committee on Ways & Means
Senate Hearing Date(s):February 23, 1989; February 27, 1989
Majority Report: Do pass.
Signed by Senators McDonald, Chairman; Bailey, Bluechel, Cantu, Fleming, Johnson, Lee, Niemi, Saling, Talmadge, Williams, Wojahn.
Senate Staff:Charles Langen (786-7715)
February 28, 1989
AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 27, 1989
BACKGROUND:
The Department of Natural Resources (DNR), subject to legislative appropriation, is authorized to purchase and manage certain properties as natural resources conservation areas and to reimburse the common school trust fund for any trust lands converted to conservation areas. The number of acres of public or private lands to be placed in or acquired for conservation areas are not specified but depend upon DNR developed management plans. DNR administers such areas directly, or through agreement with other state agencies, local governments, or private conservancy corporations.
$11.9 million was appropriated in 1987 to obtain conservation area property. Of this amount, $4 million was appropriated to DNR for purchasing property under the provisions of the natural area preserves law. This $4 million was to be matched by at least 25 percent from privately raised funds, contributions of real property, or services necessary to achieve the purposes of nature conservancy.
The real estate excise tax was amended to provide an additional six one-hundreds of 1 percent (0.06 percent) through June 30, 1989. The proceeds are deposited in the conservation area account.
SUMMARY:
Lands possessing the characteristic of primitive recreation value, rather than dispersed recreational value, having archaeological, scenic or other prime natural features and areas of land and/or water with flora, fauna, geological, archaeological, scenic, or similar features and which has retained or has its natural character reestablished may be considered for natural resources conservation area purposes.
DNR is authorized to conduct a deferred exchange of state-owned lands under its jurisdiction for the creation of natural resources conservation areas, provided fair market value and compensation for all reasonable costs are received. Direction is provided for the deposit and use of funds in the conservation area account and the conservation area trust replacement fund. Although these funds are subject to the Budget and Accounting Act, no appropriation shall be required to permit expenditures and payment of obligations from the fund.
The management plan is to be made available for review and comment by the public and other state, tribal, and local agencies prior to the final approval of the Commissioner of Public Lands.
On June 30, 1991, the natural resources conservation area stewardship account shall have an irreducible amount equal to $2 million. On June 30, 1993, this irreducible amount shall be increased to $4 million. Appropriations from this account to DNR shall be expended only for management of conservation areas approved by the Legislature and other property acquired as natural area preserves.
A specified portion of the Yakima Canyon is designated as a natural resources conservation area.
A natural resources conservation area advisory council is established consisting of 12 members. The Commissioner of Public Lands appoints nine members made up of the following: five individuals who are recognized experts in ecological systems or related fields; and four state regional representatives. The remaining members, serving ex officio and without vote, are the Director of the Department of Wildlife; Director of the State Parks and Recreation Commission; and supervisor of DNR.
Under the Administrative Procedure Act, DNR shall establish the processes for the nomination of potential natural resources conservation areas from public and private entities, evaluation, and acquisition and management.
The additional 0.06 percent real estate excise tax is extended until June 30, 1993.
The following appropriations from the conservation area account to DNR are made: (1) $8.6 million to continue the acquisition of property at Mt. Si (King County), Dishman Hills (Spokane County), Woodard Bay (Thurston County), and Cypress Island (Island County), plus acquisitions associated with newly designated areas; (2) $4.2 million to purchase property under the Natural Area Preserve Act and such funds are to be matched by at least 25 percent from privately raised funds, contributions of real property or interest in real property, or services necessary to achieve the purposes of nature conservancy; (3) $2 million to be deposited in the natural resources conservation area stewardship account, the interest to be used for the operation and maintenance of conservation and natural areas; and (4) $400,000 for the maintenance and operation of conservation and natural areas.
Appropriation: $15.2 million from the conservation area account
Revenue: yes
Fiscal Note: available
Effective Date:The bill contains an emergency clause and takes effect immediately.
Senate Committee - Testified: FOR: Brian Boyle, Commissioner of Public Lands; Elliot Marks, The Nature Conservancy; Bruce Wishart, Sierra Club and Washington Environmental Council; Len McComb, Acting Director, OFM; Dick Junk, Washington Forest Protection Association; Nick Fakey; CON: Tom McCabe, Washington Association of Realtors; Vern Divara, James Hodges & Co. Realtors; Linda Heiser, Harold Allen & Co., Realtors; Van Anderson, Windemer Real Estate; Jack Robinson, Windemer Real Estate; Paul McHugh, McHugh Realtors