S-4381               _______________________________________________

                                                   SENATE BILL NO. 6704

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Madsen, Kreidler and Murray

Read first time 1/22/90 and referred to Committee on  Environment & Natural Resources.

AN ACT Relating to exchange of forest lands; amending RCW 76.12.050; adding new sections to chapter 76.12 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.     This act shall be known as the forest land exchange act of 1990.

NEW SECTION. Sec. 2.     The legislature recognizes the management benefit to both state forest trust lands and private forest lands of blocking up land units into contiguous holdings which can be more efficiently managed for the protection of timber.  It is a benefit to the public and private sector to secure timber-producing lands which can be managed to ensure a long-term timber land base for commercial harvest for future generations.

NEW SECTION. Sec. 3.     All state and private lands traded pursuant to RCW 76.12.050 shall be used for timber production if assessed for value and tax purposes at the time of trade.  Lands traded may not be converted to other uses for a minimum of two full timber-growing cycles.  The  shall establish rules to require that lands so exchanged will remain in timber production.

NEW SECTION. Sec. 4.  If forest lands are exchanged between the state and any other entity, those lands shall remain in timber production status.  If either the state or another entity alters the use and the alteration is approved pursuant to section 3 of this act, that entity shall purchase and donate to the state, lands of a similar quality and productivity to maintain the timber land base.  The acceptability of such donations shall rest exclusively with the after holding hearings under chapter 34.05 RCW, to allow public participation in the process.

NEW SECTION. Sec. 5.     If either the state or any party, including public entities, exchange forest land, and those lands are not used for timber production, that party shall purchase and transfer to the state similar lands which will be used for timber production.  The purchase and transfer shall in no way reduce the present timber land base.

NEW SECTION. Sec. 6.     From the effective date of this act, no exchange of state timber-producing land shall take effect if the exchange would reduce the timber land base unless that exchange fully compensates the trusts for conversion of lands to other uses and provides additional timber land to maintain the 1990 timber-producing land base for the growing of timber.

        Sec. 7.  Section 1, chapter 77, Laws of 1937 as last amended by section 1, chapter 50, Laws of 1973 1st ex. sess. and RCW 76.12.050 are each amended to read as follows:

          The board of county commissioners of any county and/or the mayor and city council or city commission of any city or town and/or the board of natural resources shall have authority to exchange, each with the other, or with the federal forest service, the federal government or any proper agency thereof and/or with any private landowner, county land of any character, land owned by municipalities of any character, and land owned by the state under the jurisdiction of the department of natural resources, for real property of equal value for the purpose of consolidating and blocking up the respective land holdings of any county, municipality, the federal government, or the state of Washington or for the purpose of obtaining lands having commercial recreational leasing potential.  Lands exchanged under this section shall be managed pursuant to sections 2 through 6 of this act.

NEW SECTION. Sec. 8.     Sections 2 through 6 of this act are each added to chapter 76.12 RCW.

NEW SECTION. Sec. 9.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10.    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.