AN ACT Relating to natural resources conservation areas; amending RCW 79.71.010, 79.71.020, 79.71.030, 79.71.050, 79.71.060, 79.71.070, 79.71.080, 79.71.090, 79.71.100, and 79.71.110; adding new sections to chapter 79.71 RCW; making appropriations; and declaring an emergency.

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

Sec. 1. Section 1, chapter 472, Laws of 1987 and RCW 79.71.010 are each amended to read as follows:

The legislature finds that: (1) ((~~That~~)) There is an increasing and continuing need by the people of Washington for certain areas of the state to be conserved, in rural as well as urban settings, for the benefit of present and future generations; (2) ((~~that~~)) such areas are worthy of conservation for their outstanding scenic and ecological values and provide opportunities for ((~~dispersed low impact public~~)) primitive recreation; (3) ((~~that~~)) in certain cases acquisition of property or rights in property is necessary to protect these areas for public purposes; and (4) ((~~that~~)) there is a need for ((an)) a state agency to act in an effective and timely manner to acquire interests in such areas and to develop appropriate management strategies for conservation purposes.

Sec. 2. Section 2, chapter 472, Laws of 1987 and RCW 79.71.020 are each amended to read as follows:

Lands possessing the following characteristics are considered by the legislature to be worthy of consideration for conservation purposes:

(1) Lands identified as having high priority for conservation, natural systems, wildlife, and ((~~dispersed recreational~~)) primitive recreation values;

(2) Prime natural features of the Washington landscape or portions thereof, inland or coastal wetlands, significant littoral, estuarine, or aquatic sites, or important archaeological, scenic, geological, or other features;

(3) Examples of native ecological communities; ((~~and~~))

(4) Environmentally significant sites threatened with conversion to incompatible or ecologically irreversible uses; and

(5) An area of land or water, or land and water, which has flora, fauna, geological, archaeological, scenic, or similar features of critical importance to the people of Washington and which has retained to some degree or has reestablished its natural character.

Sec. 3. Section 3, chapter 472, Laws of 1987 and RCW 79.71.030 are each amended to read as follows:

As used in this chapter:

"Commissioner" shall mean the commissioner of public lands.

"Department" means the department of natural resources.

"Conservation purposes" include but are not limited to: (1) Maintaining, enhancing, or restoring ecological systems, including but not limited to aquatic, coastal, riparian, montane, and geological systems, whether such systems ((be)) are unique or typical to the state of Washington; (2) maintaining exceptional scenic landscapes; (3) maintaining habitat for threatened, endangered, and sensitive species; (4) enhancing sites for primitive recreational purposes; and (5) outdoor environmental education.

"Management ((~~for conservation purposes~~)) activities" may include limited production of income from forestry, agriculture, or other resource management activities, if such actions are consistent with the other purposes and requirements of this chapter.

(("Washington natural resources conservation area" is an area of land and/or water which retains to some degree or has reestablished its natural character, although it need not be completely undisturbed, or has flora, fauna, geological, archaeological, scenic, or similar features of critical importance to the people of Washington.)) "Natural resources conservation area" or "conservation area" means an area having the characteristics identified in RCW 79.71.020 and designated by the legislature.

"Primitive recreation" includes various dispersed low-impact public recreational uses and improvements allowed under approved management plans.

"Reasonable cost" shall include costs of the department of natural resources arising out of the transfer of state-owned lands under its jurisdiction for the creation of natural resources conservation areas and the acquisition of replacement property, including appraisals of valuable materials including timber, and establishment of property lines.

Sec. 4. Section 5, chapter 472, Laws of 1987 and RCW 79.71.050 are each amended to read as follows:

(1) The department is authorized to conduct a deferred exchange to transfer ((~~fee simple interest or less than fee interests in trust land, as defined by Article XVI of the Washington Constitution,~~)) state-owned lands under its jurisdiction for the creation of natural resources conservation ((~~management~~)) areas, ((~~providing there is full~~)) provided that the department receives fair market value ((~~compensation~~)) for all rights transferred and compensation for all reasonable costs. ((The proceeds from such transfers shall be used for the exclusive purpose of acquiring real property to replace those interests utilized for the conservation area in order to meet the department's fiduciary obligations and to maintain the productive land base of the various trusts.))

(2) The funds from the conservation area account to be used for the acquisition of such lands shall be deposited in the conservation area trust replacement fund, hereby created in the custody of the state treasurer. The conservation area trust replacement fund may only be used for acquisition of real property as a replacement for those lands transferred pursuant to this section and reimbursement of the department for all reasonable costs.

(3) Disbursements from the conservation area trust replacement fund shall be on the authorization of the board of natural resources. In order to maintain an effective expenditure and revenue control, the conservation area trust replacement 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.

Sec. 5. Section 6, chapter 472, Laws of 1987 and RCW 79.71.060 are each amended to read as follows:

The department shall hold a public hearing in the county where the majority of the land in the proposed natural resources conservation area is located. An area proposed for designation must contain resources consistent with ((~~the purposes of this chapter~~)) characteristics identified in RCW 79.71.020.

Sec. 6. Section 7, chapter 472, Laws of 1987 and RCW 79.71.070 are each amended to read as follows:

The department shall develop a management plan for each designated area. The plan shall identify the significant resources to be conserved consistent with the purposes of this chapter and identify the areas with potential for primitive recreation and environmental educational uses. The plan shall specify what types of management activities will be permitted, consistent with the conservation purposes of this chapter. The department shall make such plans available for review and comment by the public and other state, tribal, and local agencies, prior to final approval by the commissioner.

Sec. 7. Section 8, chapter 472, Laws of 1987 and RCW 79.71.080 are each amended to read as follows:

The department is authorized to administer natural ((~~resource[s]~~)) resources conservation areas and may enter into management agreements for these areas with federal agencies, other state agencies, local governments, and private nonprofit conservancy corporations, as defined in RCW 64.04.130, when such agreements are consistent with the purposes of acquisition as defined in the adopted site management plan. All management activities within a Washington natural resources conservation area will conform with the plan. Any moneys derived from the management of these areas in conformance with the adopted plan shall be deposited in the stewardship account established in RCW 79.71.090.

Sec. 8. Section 9, chapter 472, Laws of 1987 and RCW 79.71.090 are each amended to read as follows:

(1) There is hereby created the natural resources conservation areas stewardship account in the state treasury to ensure proper and continuing management of land acquired or designated pursuant to this chapter. Funds for the stewardship account shall be derived from appropriations of state general funds, federal funds, grants, donations, gifts, bond issue receipts, securities, interest, and other monetary instruments of value. Income derived from the management of natural resources conservation areas shall also be deposited in this stewardship account.

(2) On June 30, 1991, the natural resources conservation area stewardship account shall have an irreducible amount equal to two million dollars. On June 30, 1993, the natural resources conservation area stewardship account shall have an irreducible amount equal to four million dollars.

(3) Appropriations from this account to the department shall be expended for no other purpose than to manage the areas approved by the legislature in fulfilling the purposes of this chapter and property acquired as natural area preserves under chapter 79.70 RCW.

Sec. 9. Section 10, chapter 472, Laws of 1987 and RCW 79.71.100 are each amended to read as follows:

The legislature hereby designates certain areas as natural resources conservation areas:

(1) The Mt. Si conservation area (King County), RCW 43.51.940, is hereby designated the Mt. Si natural resources conservation area. The department is directed to continue its management of this area and to develop a plan for its continued conservation and use by the public. In accordance with Article XVI of the Washington state Constitution, any available private lands and trust lands located within the designated boundaries of the Mt. Si conservation area shall be leased or acquired in fee from the appropriate trust at fair market value using funds appropriated for that purpose.

(2) Trust lands and state-owned land on Cypress Island (Skagit County) are hereby designated as the Cypress Island natural resources conservation area. Any available private lands necessary to achieve the purposes of this section shall be acquired by the department of natural resources using funds appropriated for that purpose. Trust lands located within the designated boundaries of the Cypress Island natural resources conservation area shall be leased or acquired in fee from the appropriate trust at fair market value.

(3) Woodard Bay (Thurston County) is hereby designated the Woodard Bay natural resources conservation area. The department is directed to acquire property available in Sec. 18, T.19N, R1W using funds appropriated for that purpose.

(4) The area adjacent to the Dishman Hills natural area (Spokane County) is hereby designated the Dishman Hills natural resources conservation area. The department is directed to acquire property available in Sec. 19, 29 and 30, T.25N, R44E, using funds appropriated for that purpose.

(5) Yakima canyon from the southern boundary of Helen McCabe state park to and including Sec. 9 of T.14N, R19E, from canyon rim to canyon rim: PROVIDED, HOWEVER, That nothing in this subsection shall impede the use of this canyon for development of water resources in the Wymer Canyon.

Sec. 10. Section 11, chapter 472, Laws of 1987 and RCW 79.71.110 are each amended to read as follows:

The conservation area account is hereby established in the state treasury. The conservation area account shall consist of all moneys deposited under RCW 82.45.060(2) and any moneys which may be appropriated to it by law. Moneys in the conservation area account shall ((~~only~~)) be used for the acquisition of property or less than fee interest in property ((~~for~~)) in conformance with the purposes of this chapter and chapter 79.70 RCW.

NEW SECTION. Sec. 11. (1) A natural resources conservation area advisory council is hereby established. The council shall consist of twelve members, nine of whom will be appointed by the commissioner in accordance with the following:

(a) Five individuals who shall be recognized experts in ecological systems or related fields pertinent to the establishment of natural resources conservation areas from the public, academic, or private sectors; and

(b) Four individuals who shall be selected from different regions of the state.

(2) In addition to the members appointed by the commissioner, the director of the department of wildlife, the director of the state parks and recreation commission, and the supervisor of the department of natural resources, or an authorized representative of each agency officer, shall serve as ex officio, nonvoting members of the council.

(3) Any vacancy on the council shall be filled by appointment of the unexpired term by the commissioner.

(4) Members appointed under subsection (1) of this section shall serve for staggered terms of three years.

(5) Members of the council shall serve without compensation. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 12. (1) The advisory council shall:

(a) Elect a chairperson from the membership to serve for a one-year period;

(b) Meet at least annually and more frequently at the request of the chairperson;

(d) Review and evaluate nominated sites;

(e) Prepare a list of sites that meet the natural resources conservation area evaluation criteria.

(2) The commissioner, from the list prepared by the advisory committee, may select sites to be recommended to the legislature for designation as natural resources conservation areas.

NEW SECTION. Sec. 13. The department shall establish by rule the process for nomination of potential natural resources conservation areas from public and private entities, evaluation, and acquisition and management.

NEW SECTION. Sec. 14. (1) The sum of two million dollars is appropriated from the conservation area account to the department of natural resources for the biennium ending June 30, 1991, to be deposited in the natural resources conservation area stewardship account, the interest from which is to be used for the operation and maintenance of natural resources conservation areas and natural area preserves.

(2) The sum of four hundred thousand dollars is appropriated from the natural resources conservation area stewardship account to the department of natural resources for the biennium ending June 30, 1991, for the maintenance and operation of natural resources conservation areas and natural area preserves.

NEW SECTION. Sec. 15. Sections 11 through 13 of this act are each added to chapter 79.71 RCW.

NEW SECTION. Sec. 16. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.