Z-1378.2  _______________________________________________

                          HOUSE BILL 2284

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State of Washington      53rd Legislature     1994 Regular Session

By Representatives Pruitt and Valle

Read first time 01/12/94.  Referred to Committee on Natural Resources & Parks.

Managing state forest lands.

    AN ACT Relating to the exchange, sale, and purchase of state forest lands and the reconveyance of state forest lands to counties for purposes other than forestry management and timber production; amending RCW 76.12.015, 76.12.050, 76.12.072, 76.12.073, 76.12.074, 76.12.080, and 43.30.265; reenacting and amending RCW 76.12.120; and adding new sections to chapter 76.12 RCW.

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

    Sec. 1.  RCW 76.12.015 and 1988 c 128 s 22 are each amended to read as follows:

    As used in this chapter((,)):

(1) "Department" means the department of natural resources.

(2) "State forest lands" means real property acquired and managed under this chapter.

NEW SECTION. Sec. 2.  A new section is added to chapter 76.12 RCW to read as follows:

    Certain state forest lands were transferred from counties to the state and are currently managed to perpetuate productive forest resources and generate income for county and state beneficiaries.  These lands have also contributed to the recreational opportunities of the state.

    A growing state population and the effects of urbanization have increased the need for open space, wildlife habitat, watershed and recreational lands, and essential public facilities.  State forest lands transferred to the state from counties can provide counties with a resource to meet some of these challenges of growth management planning.  It is in the public interest to broaden the purposes for which these state forest lands may be managed, acquired, or disposed.  Therefore, it is the policy of the state to maintain and promote reforestation and development of forest resources, but also to encourage multiple uses of these state forest lands under limited circumstances where growth management planning by a county necessitates a more diverse use.

    Sec. 3.  RCW 76.12.050 and 1973 1st ex.s. c 50 s 1 are each amended to read as follows:

    ((The board of county commissioners)) (1) The legislative authority of any county ((and/or the mayor and)), city ((council or city commission of any city)), or town ((and/))or the department, with the approval of 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,)) real property or timber for real property or timber of equal value for the purpose of:  (a) Repositioning, consolidating ((and)), or blocking up the ((respective land holdings)) real property of any county, municipality, the federal government, or the state of Washington ((or for the purpose of)); (b) obtaining lands having ((commercial)) recreational ((leasing)) potential; (c) protecting state forest land resources; or (d) acquiring real property for public purposes when an exchange is in the best interest of the state.

(2) Prior to the approval of an exchange of land under the jurisdiction of the board of natural resources, the board in its sole discretion shall determine for each exchange that:  (a) The exchange is in the best interest of the county and the state; (b) notice and a hearing consistent with RCW 79.08.015 have been provided; and (c) the department's reasonable administrative exchange costs will be satisfied.  Where cash is necessary to achieve an equal value exchange, cash compensation may be paid or accepted under guidelines approved by the board of natural resources.

    Sec. 4.  RCW 76.12.072 and 1983 c 3 s 195 are each amended to read as follows:

(1) Whenever ((the board of county commissioners of)) any county legislative authority shall determine that ((forest lands, that were acquired from such county by the state pursuant to)) real property administered and held under RCW 76.12.030 ((and that are under the administration of)) by the department of natural resources, ((are)) is needed by the county for the purposes of:  (a) Public park use in accordance with ((the)) adopted county plans and the state outdoor recreation plan((s)) ; (b) open space or wildlife habitat purposes that are in accordance with state statutes, plans, or directives and an adopted comprehensive county plan; or (c) essential public facilities, as defined in RCW 36.70A.200, to be owned by the county, under an adopted comprehensive county plan, the ((board of)) county ((commissioners)) may file an application with the ((board of natural resources)) department for the ((transfer)) reconveyance of ((such forest lands)) the real property to the county.  The board of natural resources shall establish guidelines or policies to ensure the transfers are in the interest of the trust.  The application shall certify that the potential reconveyance is in the best interest of the county and the state and will not have a serious adverse effect on the future management of state forest lands in the applying county.  The application shall be denied if the department or the board of natural resources finds that the proposed use is not in accordance with this section or the guidelines established by the board of natural resources.

(2) Upon the filing of an application by the ((board of)) county ((commissioners)), the ((department of natural resources)) county shall ((cause)) give notice ((of)) and hold a public hearing regarding the impending transfer ((to be given)) in the manner ((provided by RCW 42.30.060.  If)) consistent with applicable county regulations and ordinances regarding real property transactions.  This hearing can be in conjunction with any other public hearing held by the county regarding the proposed use for the property subject to the reconveyance.  The department ((of natural resources determines that the proposed use is in accordance with the state outdoor recreation plan, it)), with the approval of the board of natural resources, shall reconvey ((said forest lands)) real property to the requesting county to have and to hold ((for so long as)) provided the ((forest lands are developed, maintained, and)) real property is used for the ((proposed public park purpose.  This)) purposes authorized under this section and in accordance with guidelines established by the board.  A reconveyance may contain conditions, including but not limited to ((allow)) allowing the department ((of natural resources)) to coordinate the management of any adjacent state-owned lands with the proposed ((park)) county activity to encourage maximum multiple use management and may reserve rights of way needed to manage other state-owned lands in the area.  ((The application shall be denied if the department of natural resources finds that the proposed use is not in accord with the state outdoor recreation plan))  The applying county must pay the department's reasonable administrative costs associated with the reconveyance.  If the ((land)) real property is not, or ceases to be, used for ((public park purposes)) the approved purposes, the ((land)) real property shall be conveyed back to the department ((of natural resources)) upon request of the department.  The county shall reconvey the property in substantially the same condition as when originally reconveyed by the state to the county.  In the alternative, the county shall reconvey the property back to the state in a condition acceptable to the state and shall be responsible for any liability and expense that might accrue to the state as a result of the county's use and management of the property.

    Sec. 5.  RCW 76.12.073 and 1969 ex.s. c 47 s 2 are each amended to read as follows:

    The ((timber)) resources on any ((such state forest land)) real property transferred to the counties under RCW 76.12.072 shall be managed by the department ((of natural resources)) to the extent that this is consistent with ((park purposes)) the use proposed by the requesting county and approved by the board of natural resources and meets with the approval of the ((board of)) department and the county ((commissioners)) legislative authority.  Whenever the department ((of natural resources)) does manage the ((timber)) resources of such ((lands)) property, it will do so in accordance with the general statutes relative to the management of all other state forest lands.

    Sec. 6.  RCW 76.12.074 and 1969 ex.s. c 47 s 3 are each amended to read as follows:

    ((Under provisions mutually agreeable to the board of county commissioners and the board of natural resources, lands)) Real property approved for transfer to a county ((for public park purposes)) under the provisions of RCW 76.12.072 shall be transferred ((to the county)) or returned by deed.

    Sec. 7.  RCW 76.12.080 and 1988 c 128 s 28 are each amended to read as follows:

    The department shall take such steps as it deems advisable for locating and acquiring ((lands)) real property suitable for state forests and reforestation.  ((No sum in excess of two dollars per acre shall ever be paid or allowed either in cash, bonds or otherwise, for any lands suitable for forest growth, but devoid of such; nor shall any sum in excess of six dollars per acre be paid or allowed either in cash, bonds or otherwise, for any lands adequately restocked with young growth or left in a satisfactory natural condition for natural reforestation and continuous forest production; nor shall any lands ever be)) Any real property acquired by the department ((except)) shall be upon the approval of the title by the attorney general and on a conveyance ((being)) made to the state of Washington by good and sufficient deed.  No forest lands shall be designated, purchased, or acquired by the department unless the area so designated or the area to be acquired shall, in the judgment of the department, be of sufficient acreage and so located that it can be economically administered for forest development purposes.  Whenever the department acquires or designates an area as forest lands it shall designate such area by a distinctive name or number, e.g., "State forest No. . . . .", or, "Cascade State Forest".

    Sec. 8.  RCW 76.12.120 and 1988 c 128 s 32 and 1988 c 70 s 1 are each reenacted and amended to read as follows:

    ((All land, acquired or designated by the department as state forest land, shall be forever reserved from sale, but the)) Timber and other products ((thereon)) removed from state forest land may be sold or the ((land)) real property may be leased in the same manner and for the same purposes as is authorized for state granted land if the department finds such sale or lease to be in the best interests of the state and approves the terms and conditions thereof.

    Except as provided in RCW 79.12.035, all money derived from the sale of timber or other products, or from lease, or from any other source from the land, except where the Constitution of this state or RCW 76.12.030 requires other disposition, shall be disposed of as follows:

    (1) Fifty percent shall be placed in the forest development account.

    (2) Fifty percent shall be prorated and distributed to the state general fund, to be dedicated for the benefit of the public schools, and the county in which the land is located according to the relative proportions of tax levies of all taxing districts in the county.  The portion to be distributed to the state general fund shall be based on the regular school levy rate under RCW 84.52.065 as now or hereafter amended and the levy rate for any maintenance and operation special school levies.  The money distributed to the county shall be paid, distributed, and prorated to the various other funds in the same manner as general taxes are paid and distributed during the year of payment.

NEW SECTION. Sec. 9.  A new section is added to chapter 76.12 RCW to read as follows:

    The department may, with the approval of the board of natural resources, dispose of real property held and managed under this chapter by sale or transfer if the department finds the sale or transfer to be in the best interests of the state upon terms and conditions approved by the board.

    The proceeds received from this disposition of real property or received as part of an exchange shall be deposited in the natural resources real property replacement account under RCW 43.30.265.  If the property disposed was acquired or administered under this chapter, then replacement property shall be located within the same county as the property that was sold, exchanged, or transferred.  All real property acquired as replacement property for that sold, exchanged, or transferred property shall be held and administered as state forest land.

    Sec. 10.  RCW 43.30.265 and 1992 c 167 s 1 are each amended to read as follows:

    (1) The legislature finds that the department of natural resources has a need to maintain the real property asset base it manages and needs an accounting mechanism to complete transactions without reducing the real property asset base.

    (2) The natural resources real property replacement account is created in the state treasury.  This account shall consist of funds transferred or paid for the disposal or transfer of real property by the department of natural resources ((under RCW 79.01.009)) when those funds are to be used by the department to acquire replacement property.  The funds in this account shall be used solely for the acquisition of replacement real property and may be spent only when, and as, authorized by legislative appropriation.

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