BILL REQ. #: Z-0380.1
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/21/2003. Referred to Committee on Agriculture & Natural Resources.
AN ACT Relating to the recodification of Title 79 RCW and related public land statutes; amending RCW 43.12.025, 43.12.035, 43.12.055, 43.30.040, 43.30.060, 43.30.115, 43.30.125, 43.30.130, 43.30.138, 43.30.141, 43.30.145, 43.30.150, 43.30.160, 43.30.170, 43.30.180, 43.30.260, 43.30.265, 43.30.270, 43.30.280, 43.30.290, 43.30.300, 43.30.310, 43.30.400, 43.85.130, 76.01.010, 76.01.040, 76.01.050, 76.01.060, 76.12.020, 76.12.030, 76.12.035, 76.12.050, 76.12.060, 76.12.065, 76.12.070, 76.12.072, 76.12.073, 76.12.074, 76.12.075, 76.12.090, 76.12.100, 76.12.110, 76.12.120, 76.12.125, 76.12.140, 76.12.155, 76.12.180, 76.12.240, 76.16.010, 76.16.020, 76.16.030, 76.16.040, 76.20.010, 76.20.020, 76.20.030, 76.20.035, 76.20.040, 79.01.004, 79.01.007, 79.01.052, 79.01.056, 79.01.060, 79.01.064, 79.01.080, 79.01.082, 79.01.084, 79.01.088, 79.01.092, 79.01.093, 79.01.094, 79.01.095, 79.01.096, 79.01.100, 79.01.104, 79.01.108, 79.01.112, 79.01.116, 79.01.120, 79.01.124, 79.01.128, 79.01.134, 79.01.136, 79.01.148, 79.01.160, 79.01.164, 79.01.168, 79.01.172, 79.01.176, 79.01.184, 79.01.188, 79.01.192, 79.01.196, 79.01.200, 79.01.204, 79.01.208, 79.01.212, 79.01.216, 79.01.220, 79.01.228, 79.01.232, 79.01.236, 79.01.238, 79.01.240, 79.01.242, 79.01.244, 79.01.248, 79.01.268, 79.01.284, 79.01.292, 79.01.2955, 79.01.296, 79.01.300, 79.01.301, 79.01.304, 79.01.332, 79.01.336, 79.01.340, 79.01.348, 79.01.352, 79.01.356, 79.01.360, 79.01.364, 79.01.388, 79.01.392, 79.01.400, 79.01.404, 79.01.408, 79.01.414, 79.01.612, 79.01.616, 79.01.617, 79.01.618, 79.01.620, 79.01.632, 79.01.633, 79.01.634, 79.01.640, 79.01.644, 79.01.645, 79.01.648, 79.01.649, 79.01.650, 79.01.652, 79.01.656, 79.01.660, 79.01.664, 79.01.668, 79.01.672, 79.01.676, 79.01.680, 79.01.684, 79.01.688, 79.01.692, 79.01.696, 79.01.708, 79.01.712, 79.01.720, 79.01.724, 79.01.728, 79.01.736, 79.01.740, 79.01.744, 79.01.752, 79.01.760, 79.01.765, 79.01.770, 79.01.774, 79.01.778, 79.01.780, 79.01.784, 79.01.805, 79.01.810, 79.01.815, 79.08.015, 79.08.070, 79.08.080, 79.08.090, 79.08.110, 79.08.120, 79.08.170, 79.08.180, 79.08.250, 79.08.260, 79.08.275, 79.08.275, 79.08.277, 79.08.279, 79.08.281, 79.08.283, 79.12.015, 79.12.025, 79.12.035, 79.12.055, 79.12.095, 79.12.570, 79.12.600, 79.12.610, 79.12.620, 79.12.630, 79.14.010, 79.14.020, 79.14.030, 79.14.040, 79.14.080, 79.14.090, 79.14.100, 79.14.110, 79.14.120, 79.14.130, 79.14.140, 79.14.150, 79.14.180, 79.14.190, 79.14.200, 79.14.210, 79.14.220, 79.28.010, 79.28.020, 79.28.030, 79.28.040, 79.28.050, 79.28.070, 79.28.080, 79.36.260, 79.36.270, 79.36.280, 79.36.290, 79.38.010, 79.38.030, 79.38.040, 79.38.050, 79.38.060, 79.40.070, 79.40.080, 79.44.020, 79.44.030, 79.44.060, 79.44.120, 79.60.010, 79.60.020, 79.60.030, 79.60.040, 79.60.050, 79.60.060, 79.60.070, 79.60.080, 79.60.090, 79.64.010, 79.64.020, 79.64.030, 79.64.040, 79.64.050, 79.64.090, 79.66.010, 79.66.020, 79.66.030, 79.66.040, 79.66.050, 79.66.060, 79.66.080, 79.66.090, 79.66.100, 79.68.010, 79.68.020, 79.68.030, 79.68.035, 79.68.040, 79.68.060, 79.68.070, 79.68.080, 79.68.090, 79.68.100, 79.68.110, 79.68.120, 79.68.900, 79.68.910, 79.70.020, 79.70.030, 79.70.090, 79.90.270, 79.90.325, 79.90.330, 79.90.340, 79.90.380, 79.90.400, 79.91.010, 79.91.030, 79.91.040, 79.91.050, 79.91.060, 79.91.080, 79.91.190, 79.91.210, and 79.94.450; reenacting and amending RCW 79.01.500; adding a new section to chapter 43.30 RCW; adding new sections to chapter 43.12 RCW; adding new sections to chapter 79.36 RCW; adding a new section to chapter 79.38 RCW; adding new sections to chapter 79.64 RCW; adding new sections to chapter 79.14 RCW; adding new sections to chapter 79.90 RCW; adding new sections to chapter 79.94 RCW; adding new sections to chapter 79.96 RCW; adding a new chapter to Title 43 RCW; adding new chapters to Title 79 RCW; adding a new chapter to Title 78 RCW; recodifying RCW 43.30.310, 43.30.010, 43.30.020, 43.30.030, 43.30.270, 43.30.050, 43.30.060, 43.30.040, 43.30.150, 43.30.280, 43.30.290, 43.85.130, 43.30.360, 43.30.370, 43.30.115, 43.30.130, 43.30.160, 43.30.170, 43.30.180, 43.30.355, 43.30.400, 43.30.410, 43.30.420, 43.30.210, 43.30.250, 43.30.260, 43.30.125, 43.30.138, 43.30.350, 43.12.025, 43.12.035, 43.30.141, 43.30.145, 43.30.135, 43.30.300, 43.30.390, 43.30.265, 76.01.040, 76.01.050, 76.01.060, 76.12.160, 76.12.170, 76.12.205, 76.12.210, 76.12.220, 76.12.230, 76.12.240, 76.12.040, 76.12.045, 76.01.010, 76.20.010, 76.20.020, 76.20.030, 76.20.035, 76.20.040, 76.12.050, 76.12.060, 76.12.065, 76.12.020, 76.12.080, 76.12.155, 76.12.030, 76.12.120, 76.12.125, 76.12.140, 76.12.090, 76.12.100, 76.12.035, 76.12.070, 76.12.067, 76.12.072, 76.12.073, 76.12.074, 76.12.075, 76.16.010, 76.16.020, 76.16.030, 76.16.040, 76.12.180, 76.12.110, 79.01.056, 79.01.060, 79.01.064, 79.01.736, 79.01.052, 79.01.004, 79.01.500, 79.01.740, 79.01.240, 79.01.765, 79.08.170, 79.01.093, 79.01.732, 79.01.308, 79.28.010, 79.28.020, 79.28.030, 79.01.076, 79.01.080, 79.01.304, 79.01.708, 79.01.712, 79.01.084, 79.01.720, 79.01.724, 79.01.220, 79.01.292, 79.01.236, 79.01.760, 79.01.748, 79.01.756, 79.01.752, 79.40.070, 79.40.080, 79.01.006, 79.01.007, 79.01.744, 79.01.074, 79.01.612, 79.68.110, 79.01.128, 79.01.164, 79.01.095, 79.68.010, 79.68.020, 79.68.050, 79.01.244, 79.68.070, 79.68.090, 79.68.060, 79.68.100, 79.68.900, 79.68.910, 79.68.120, 79.68.035, 79.68.030, 79.68.040, 79.68.045, 79.60.010, 79.60.020, 79.60.030, 79.60.040, 79.60.050, 79.60.060, 79.60.070, 79.60.080, 79.60.090, 79.01.096, 79.01.094, 79.01.216, 79.01.088, 79.01.112, 79.01.120, 79.01.092, 79.01.200, 79.01.116, 79.01.136, 79.01.184, 79.01.188, 79.01.192, 79.01.204, 79.01.148, 79.01.196, 79.01.212, 79.01.208, 79.01.228, 79.01.224, 79.08.110, 79.01.100, 79.01.104, 79.01.108, 79.01.300, 79.01.301, 79.01.728, 79.01.242, 79.01.172, 79.08.120, 79.01.248, 79.01.284, 79.01.268, 79.12.570, 79.12.600, 79.12.610, 79.12.620, 79.12.630, 79.01.296, 79.28.040, 79.28.050, 79.28.070, 79.28.080, 79.12.015, 79.12.025, 79.12.055, 79.12.095, 79.01.2951, 79.01.295, 79.01.2955, 79.14.010, 79.14.020, 79.14.030, 79.14.040, 79.14.050, 79.14.060, 79.14.070, 79.14.080, 79.14.090, 79.14.100, 79.14.110, 79.14.120, 79.14.130, 79.14.140, 79.14.150, 79.14.160, 79.14.170, 79.14.180, 79.14.190, 79.14.200, 79.14.210, 79.14.220, 79.01.616, 79.01.617, 79.01.651, 79.01.618, 79.01.620, 79.01.624, 79.01.628, 79.01.632, 79.01.633, 79.01.634, 79.01.640, 79.01.642, 79.01.644, 79.01.645, 79.01.648, 79.01.649, 79.01.650, 79.01.652, 79.01.656, 79.01.660, 79.01.664, 79.01.668, 79.01.672, 79.01.676, 79.01.680, 79.01.684, 79.01.688, 79.01.692, 79.01.696, 79.14.900, 79.01.124, 79.01.160, 79.01.168, 79.01.082, 79.01.232, 79.01.238, 79.01.790, 79.01.795, 79.01.134, 79.01.176, 79.08.180, 79.08.070, 79.08.250, 79.08.015, 79.01.770, 79.01.774, 79.01.778, 79.01.780, 79.01.009, 79.66.010, 79.66.020, 79.66.030, 79.66.040, 79.66.050, 79.66.060, 79.66.070, 79.66.080, 79.66.090, 79.01.784, 79.66.100, 79.66.900, 79.66.901, 79.01.332, 79.01.414, 79.01.416, 79.01.312, 79.01.316, 79.01.320, 79.01.324, 79.01.328, 79.01.336, 79.01.340, 79.01.344, 79.01.348, 79.01.352, 79.01.356, 79.01.360, 79.01.364, 79.01.384, 79.01.388, 79.01.392, 79.01.396, 79.01.400, 79.01.404, 79.01.408, 79.01.412, 79.36.230, 79.36.240, 79.36.250, 79.36.260, 79.36.270, 79.36.280, 79.36.290, 79.64.010, 79.64.020, 79.64.030, 79.64.040, 79.64.050, 79.64.060, 79.64.070, 79.64.090, 79.12.035, 79.08.275, 79.08.277, 79.08.279, 79.08.281, 79.08.283, 79.08.284, 79.76.010, 79.76.020, 79.76.030, 79.76.040, 79.76.050, 79.76.060, 79.76.070, 79.76.080, 79.76.090, 79.76.100, 79.76.110, 79.76.120, 79.76.130, 79.76.140, 79.76.150, 79.76.160, 79.76.170, 79.76.180, 79.76.190, 79.76.200, 79.76.210, 79.76.220, 79.76.230, 79.76.240, 79.76.250, 79.76.260, 79.76.270, 79.76.280, 79.76.290, 79.76.300, 79.76.900, 79.81.010, 79.81.020, 79.81.030, 79.81.040, 79.81.050, 79.81.060, 79.81.900, 79.24.580, 79.68.080, 79.08.260, 79.08.080, 79.08.090, 79.08.100, 79.01.800, 79.01.805, 79.01.810, and 79.01.815; repealing RCW 43.30.095, 76.01.020, 76.01.030, 76.12.015, 76.12.033, 79.01.036, 79.01.038, 79.01.048, 79.01.068, 79.01.072, 79.01.132, 79.01.133, 79.01.140, 79.01.152, 79.01.252, 79.01.256, 79.01.260, 79.01.264, 79.01.277, 79.01.704, 79.08.190, and 79.08.200; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 43.12.025 and 1985 c 459 s 7 are each amended to
read as follows:
The department ((of natural resources)) shall work with federal
officials and private mine owners to ensure the prompt sealing of open
holes and mine shafts that constitute a threat to safety.
Sec. 102 RCW 43.12.035 and 1985 c 459 s 8 are each amended to
read as follows:
The owner of each mine shall make a map of the surface of the
property. The owner of each active mine shall make a map of the
underground workings. All maps shall be filed with the department ((of
natural resources)). The department shall establish by rule the scale
and contents required for the maps.
Sec. 103 RCW 43.12.055 and 1995 c 403 s 622 are each amended to
read as follows:
Enforcement action taken after July 23, 1995, by the commissioner
of public lands or the supervisor of natural resources shall be in
accordance with RCW 43.05.100 and 43.05.110.
Sec. 104 RCW 43.30.040 and 1986 c 227 s 1 are each amended to
read as follows:
The board shall consist of six members: The governor or the
governor's designee, the superintendent of public instruction, the
commissioner of public lands, the dean of the college of forest
resources of the University of Washington, the dean of the college of
agriculture of Washington State University, and a representative of
those counties that contain state forest lands acquired or transferred
under ((chapter 76.12)) RCW 76.12.020, 76.12.030, and 76.12.080 (as
recodified by this act).
The county representative shall be selected by the legislative
authorities of those counties that contain state forest lands acquired
or transferred under ((chapter 76.12)) RCW 76.12.020, 76.12.030, and
76.12.080 (as recodified by this act). In the selection of the county
representative, each participating county shall have one vote. The
Washington state association of counties shall conduct a meeting for
the purpose of making the selection and shall notify the board of the
selection. The county representative shall be a duly elected member of
a county legislative authority who shall serve a term of four years
unless the representative should leave office for any reason. The
initial term shall begin on July 1, 1986.
Sec. 105 RCW 43.30.060 and 1965 c 8 s 43.30.060 are each amended
to read as follows:
The supervisor shall be appointed by the administrator with the
advice and consent of the board. ((He)) The supervisor shall serve at
the pleasure of the administrator.
Sec. 106 RCW 43.30.115 and 2000 c 148 s 4 are each amended to
read as follows:
The park land trust revolving fund is to be utilized by the
department ((of natural resources)) for the exclusive purpose of
acquiring real property, including all reasonable costs associated with
these acquisitions, as a replacement for the property transferred to
the state parks and recreation commission, as directed by the
legislature in order to maintain the land base of the affected trusts
or under RCW 76.12.125 (as recodified by this act). Proceeds from
transfers of real property to the state parks and recreation commission
or other proceeds identified from transfers of real property as
directed by the legislature shall be deposited in this fund.
Disbursement from the park land trust revolving fund to acquire
replacement property shall be on the authorization of the department
((of natural resources)). In order to maintain an effective
expenditure and revenue control, the park land trust revolving fund is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required to permit expenditures and payment of obligations from the
fund.
Sec. 107 RCW 43.30.125 and 1988 c 127 s 3 are each amended to
read as follows:
The department ((of natural resources)) shall assume full charge
and supervision of the state geological survey and perform such other
duties as may be prescribed by law.
Sec. 108 RCW 43.30.130 and 1965 c 8 s 43.30.130 are each amended
to read as follows:
The department shall exercise all of the powers, duties, and
functions now vested in the commissioner of public lands and such
powers, duties, and functions are hereby transferred to the
department((: PROVIDED, That)). However, nothing ((herein)) contained
in this section shall effect ((his)) the commissioner's ex officio
membership on any committee provided by law.
Sec. 109 RCW 43.30.138 and 1988 c 127 s 4 are each amended to
read as follows:
The department ((of natural resources)) shall:
(1) Collect, compile, publish, and disseminate statistics and
information relating to mining, milling, and metallurgy;
(2) Make special studies of the mineral resources and industries of
the state;
(3) Collect and assemble an exhibit of mineral specimens, both
metallic and nonmetallic, especially those of economic and commercial
importance; such collection to constitute the museum of mining and
mineral development;
(4) Collect and assemble a library pertaining to mining, milling,
and metallurgy of books, reports, drawings, tracings, and maps and
other information relating to the mineral industry and the arts and
sciences of mining and metallurgy;
(5) Make a collection of models, drawings, and descriptions of the
mechanical appliances used in mining and metallurgical processes;
(6) Issue bulletins and reports with illustrations and maps with
detailed description of the natural mineral resources of the state;
(7) Preserve and maintain such collections and library open to the
public for reference and examination and maintain a bureau of general
information concerning the mineral and mining industry of the state,
and issue from time to time at cost of publication and distribution
such bulletins as may be deemed advisable relating to the statistics
and technology of minerals and the mining industry;
(8) Make determinative examinations of ores and minerals, and
consider other scientific and economical problems relating to mining
and metallurgy;
(9) Cooperate with all departments of the state government, state
educational institutions, the United States geological survey, and the
United States bureau of mines. All departments of the state government
and educational institutions shall render full cooperation to the
department in compiling useful and scientific information relating to
the mineral industry within and without the state, without cost to the
department.
Sec. 110 RCW 43.30.141 and 1988 c 127 s 5 are each amended to
read as follows:
The department ((of natural resources)) may receive on behalf of
the state, for the benefit of mining and mineral development, gifts,
bequests, devises, and legacies of real or personal property and use
them in accordance with the wishes of the donors and manage, use, and
dispose of them for the best interests of mining and mineral
development.
Sec. 111 RCW 43.30.145 and 1988 c 127 s 6 are each amended to
read as follows:
The department ((of natural resources)) may, from time to time,
prepare special collections of ores and minerals representative of the
mineral industry of the state to be displayed or used at any world
fair, exposition, mining congress, or state exhibition, in order to
promote information relating to the mineral wealth of the state.
Sec. 112 RCW 43.30.150 and 1988 c 128 s 10 are each amended to
read as follows:
The board shall:
(1) Perform duties relating to appraisal, appeal, approval, and
hearing functions as provided by law;
(2) Establish policies to ((insure)) ensure that the acquisition,
management, and disposition of all lands and resources within the
department's jurisdiction are based on sound principles designed to
achieve the maximum effective development and use of such lands and
resources consistent with laws applicable thereto;
(3) Constitute the board of appraisers provided for in Article 16,
section 2 of the state Constitution;
(4) Constitute the commission on harbor lines provided for in
Article 15, section 1 of the state Constitution as amended;
(5) ((Hold regular monthly meetings at such times as it may
determine, and such special meetings as may be called by the chairman
or majority of the board membership upon written notice to all members
thereof: PROVIDED, That the board may dispense with any regular
meetings, except that the board shall not dispense with two consecutive
regular meetings;)) Adopt and enforce ((
(6)such)) rules ((and regulations)) as may
be deemed necessary and proper for carrying out the powers, duties, and
functions imposed upon it by this chapter((;)).
(7) Employ and fix the compensation of such technical, clerical and
other personnel as may be deemed necessary for the performance of its
duties;
(8) Appoint such advisory committees as it may deem appropriate to
advise and assist it to more effectively discharge its
responsibilities. The members of such committees shall receive no
compensation, but shall be entitled to reimbursement for travel
expenses in attending committee meetings in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter amended;
(9) Meet and organize within thirty days after March 6, 1957 and on
the third Monday of each January following a state general election at
which the elected ex officio members of the board are elected. The
board shall select its own chairman. The commissioner of public lands
shall be the secretary of the board. The board may select a vice
chairman from among its members. In the absence of the chairman and
vice chairman at a meeting of the board, the members shall elect a
chairman pro tem. No action shall be taken by the board except by the
agreement of at least four members. The department and the board shall
maintain its principal office at the capital;
(10) Be entitled to reimbursement individually for travel expenses
incurred in the discharge of their official duties in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter amended
NEW SECTION. Sec. 113 A new section is added to chapter 43.30
RCW to read as follows:
The board shall:
(1) Hold regular monthly meetings at such times as it may
determine, and such special meetings as may be called by the chair or
majority of the board membership upon written notice to all members
thereof. However, the board may dispense with any regular meetings,
except that the board shall not dispense with two consecutive regular
meetings;
(2) Employ and fix the compensation of technical, clerical, and
other personnel as deemed necessary for the performance of its duties;
(3) Appoint such advisory committees as deemed appropriate to
advise and assist it to more effectively discharge its
responsibilities. The members of such committees shall receive no
compensation, but are entitled to reimbursement for travel expenses in
attending committee meetings in accordance with RCW 43.03.050 and
43.03.060;
(4) Meet and organize on the third Tuesday of each January
following a state general election at which the elected ex officio
members of the board are elected. The board shall select its own
chair. The commissioner of public lands shall be the secretary of the
board. The board may select a vice-chair from among its members. In
the absence of the chair and vice-chair at a meeting of the board, the
members shall elect a chair pro tem. No action shall be taken by the
board except by the agreement of at least four members. The department
and the board shall maintain its principal office at the capital;
(5) Be entitled to reimbursement individually for travel expenses
incurred in the discharge of their official duties in accordance with
RCW 43.03.050 and 43.03.060.
Sec. 114 RCW 43.30.160 and 1965 c 8 s 43.30.160 are each amended
to read as follows:
The administrator shall have responsibility for performance of all
the powers, duties, and functions of the department except those
specifically assigned to the board. In the performance of ((his))
these powers, duties, and functions, the administrator shall conform to
policies established by the board, and may employ and fix the
compensation of such personnel as may be required to perform the duties
of ((his)) this office.
Sec. 115 RCW 43.30.170 and 1965 c 8 s 43.30.170 are each amended
to read as follows:
The supervisor shall:
(1) Be charged with the direct supervision of the department's
activities as delegated ((to him)) by the administrator;
(2) Perform his or her duties in conformance with the policies
established by the board;
(3) Organize the department, with approval of the administrator,
into such subordinate divisions as ((he may)) the supervisor deems
appropriate for the conduct of its operations;
(4) Employ and fix the compensation of such technical, clerical,
and other personnel as may be required to carry on activities under his
or her supervision;
(5) Delegate by order any ((of his)) assigned powers, duties, and
functions to one or more deputies or assistants, as ((he may desire))
desired;
(6) Furnish before entering upon ((his)) the duties of this
position a surety bond payable to the state in such amount as may be
determined by the board, conditioned for the faithful performance of
((his)) duties and for ((his)) accounting of all moneys and property of
the state that may come into ((his)) possession of or under ((his)) the
control ((by virtue of his office)) of this position.
Sec. 116 RCW 43.30.180 and 1965 c 8 s 43.30.180 are each amended
to read as follows:
The supervisor and ((his)) duly authorized deputies may administer
oaths.
Sec. 117 RCW 43.30.260 and 1965 c 8 s 43.30.260 are each amended
to read as follows:
Upon request by any state agency vested by law with the authority
to acquire or manage real property, the department shall make available
to such agency the facilities and services of the department ((of
natural resources)) with respect to such acquisition or management,
upon condition that such agency reimburse the department for the costs
of such services.
Sec. 118 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 (as
recodified by this act). 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.
Sec. 119 RCW 43.30.270 and 1965 c 8 s 43.30.270 are each amended
to read as follows:
All employees of the department ((of natural resources)) shall be
governed by any merit system which is now or may hereafter be enacted
by law governing such employment.
Sec. 120 RCW 43.30.280 and 1965 c 8 s 43.30.280 are each amended
to read as follows:
A revolving fund in the custody of the state treasurer, to be known
as the natural resources equipment fund, is hereby created to be
expended by the department ((of natural resources)) without
appropriation solely for the purchase of equipment, machinery, and
supplies for the use of the department and for the payment of the costs
of repair and maintenance of such equipment, machinery, and supplies.
Sec. 121 RCW 43.30.290 and 1965 c 8 s 43.30.290 are each amended
to read as follows:
The natural resources equipment fund shall be reimbursed by the
department ((of natural resources)) for all moneys expended from it.
Reimbursement may be prorated over the useful life of the equipment,
machinery, and supplies purchased by moneys from the fund.
Reimbursement may be made from moneys appropriated or otherwise
available to the department for the purchase, repair, and maintenance
of equipment, machinery, and supplies and shall be prorated on the
basis of relative benefit to the programs. For the purpose of making
reimbursement, all existing and hereafter acquired equipment,
machinery, and supplies of the department shall be deemed to have been
purchased from the natural resources equipment fund.
Sec. 122 RCW 43.30.300 and 1987 c 472 s 13 are each amended to
read as follows:
The department ((of natural resources)) is authorized:
(1) To construct, operate, and maintain primitive outdoor
recreation and conservation facilities on lands under its jurisdiction
which are of primitive character when deemed necessary by the
department to achieve maximum effective development of such lands and
resources consistent with the purposes for which the lands are held.
This authority shall be exercised only after review by the interagency
committee for outdoor recreation and determination by the committee
that the department is the most appropriate agency to undertake such
construction, operation, and maintenance. Such review is not required
for campgrounds designated and prepared or approved by the
department((.));
(2) To acquire right of way and develop public access to lands
under the jurisdiction of the department ((of natural resources)) and
suitable for public outdoor recreation and conservation purposes((.));
(3) To receive and expend funds from federal and state outdoor
recreation funding measures for the purposes of RCW 43.30.300 (as
recodified by this act) and ((79.08.109)) 79A.50.110.
Sec. 123 RCW 43.30.310 and 1987 c 380 s 14 are each amended to
read as follows:
For the promotion of the public safety and the protection of public
property, the department ((of natural resources)) may, in accordance
with chapter 34.05 RCW, issue, ((promulgate,)) adopt, and enforce rules
pertaining to use by the public of state-owned lands and property which
are administered by the department.
A violation of any rule adopted under this section shall constitute
a misdemeanor unless the department specifies by rule, when not
inconsistent with applicable statutes, that violation of the rule is an
infraction under chapter 7.84 RCW((: PROVIDED, That)). However,
violation of a rule relating to traffic including parking, standing,
stopping, and pedestrian offenses is a traffic infraction, except that
violation of a rule equivalent to those provisions of Title 46 RCW set
forth in RCW 46.63.020 remains a misdemeanor.
The commissioner of public lands and such ((of his)) employees as
((he)) the commissioner may designate shall be vested with police
powers when enforcing:
(1) The rules of the department adopted under this section; or
(2) The general criminal statutes or ordinances of the state or its
political subdivisions where enforcement is necessary for the
protection of state-owned lands and property.
Sec. 124 RCW 43.30.400 and 1992 c 63 s 10 are each amended to
read as follows:
(1) The department ((of natural resources shall have)) has the
following powers and duties in carrying out its responsibilities for
the senior environmental corps created under RCW 43.63A.247:
(a) Appoint a representative to the coordinating council;
(b) Develop project proposals;
(c) Administer project activities within the agency;
(d) Develop appropriate procedures for the use of volunteers;
(e) Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project activities;
(f) Maintain project records and provide project reports;
(g) Apply for and accept grants or contributions for corps-approved
projects; and
(h) With the approval of the council, enter into memoranda of
understanding and cooperative agreements with federal, state, and local
agencies to carry out corps-approved projects.
(2) The department shall not use corps volunteers to displace
currently employed workers.
Sec. 125 RCW 43.85.130 and 1981 2nd ex.s. c 4 s 1 are each
amended to read as follows:
(1) The department shall deposit daily all moneys and fees
collected or received by the commissioner ((of public lands)) and the
department ((of natural resources)) in the discharge of official duties
as follows:
(a) The department shall pay moneys received as advance payments,
deposits, and security from successful bidders under section 334 of
this act and RCW ((79.01.132 and)) 79.01.204 (as recodified by this
act) to the state treasurer for deposit under ((subsection (1)))(b) of
this ((section)) subsection. Moneys received from unsuccessful bidders
shall be returned as provided in RCW 79.01.204 (as recodified by this
act);
(b) The department shall pay all moneys received on behalf of a
trust fund or account to the state treasurer for deposit in the trust
fund or account after making the deduction authorized under RCW
76.12.030, 76.12.120, and 79.64.040 (as recodified by this act);
(c) The natural resources deposit fund is hereby created. The
state treasurer is the custodian of the fund. All moneys or sums which
remain in the custody of the commissioner of public lands awaiting
disposition or where the final disposition is not known shall be
deposited into the natural resources deposit fund. Disbursement from
the fund shall be on the authorization of the commissioner or the
commissioner's designee, without necessity of appropriation;
(d) If it is required by law that the department repay moneys
disbursed under ((subsections (1)))(a) and (((1)))(b) of this
((section)) subsection the state treasurer shall transfer such moneys,
without necessity of appropriation, to the department upon demand by
the department from those trusts and accounts originally receiving the
moneys.
(2) Money shall not be deemed to have been paid to the state upon
any sale or lease of land until it has been paid to the state
treasurer.
NEW SECTION. Sec. 126 RCW 43.30.095 (Enforcement in accordance
with RCW 43.05.100 and 43.05.110) and 1995 c 403 s 625 are each
repealed.
NEW SECTION. Sec. 127 RCW 43.30.310 is recodified as a section
in chapter 43.12 RCW.
NEW SECTION. Sec. 128 A new chapter is added to Title
(1) "General" as follows:
RCW 43.30.010;
RCW 43.30.020;
RCW 43.30.030; and
RCW 43.30.270.
(2) "Organization" as follows:
RCW 43.30.050; and
RCW 43.30.060.
(3) "Board of natural resources" as follows:
RCW 43.30.040;
RCW 43.30.150; and
Section 113 of this act.
(4) "Funds" as follows:
RCW 43.30.280;
RCW 43.30.290;
RCW 43.85.130;
RCW 43.30.360;
RCW 43.30.370; and
RCW 43.30.115.
(5) "Duties and powers--General" as follows:
RCW 43.30.130;
RCW 43.30.160;
RCW 43.30.170;
RCW 43.30.180;
RCW 43.30.355;
RCW 43.30.400;
RCW 43.30.410;
RCW 43.30.420;
RCW 43.30.210;
RCW 43.30.250; and
RCW 43.30.260.
(6) "Duties and powers--Mining and geology" as follows:
RCW 43.30.125;
RCW 43.30.138;
RCW 43.30.350;
RCW 43.12.025;
RCW 43.12.035;
RCW 43.30.141; and
RCW 43.30.145.
(7) "Duties and powers--Forested lands" as follows:
RCW 43.30.135.
NEW SECTION. Sec. 129 RCW 43.30.300 is recodified as a section
in a new chapter in Title
NEW SECTION. Sec. 130 RCW 43.30.390 is recodified as a section
in a new chapter in Title
NEW SECTION. Sec. 131 RCW 43.30.265 is recodified as a section
in a new chapter in Title
Sec. 201 RCW 76.01.010 and 1988 c 128 s 12 are each amended to
read as follows:
(1) The department ((of natural resources)) is ((hereby))
authorized to sell any real property not designated or acquired as
state forest lands, but acquired by the state, either in the name of
the forest board, the forestry board, or the division of forestry, for
administrative sites, lien foreclosures, or other purposes whenever it
shall determine that ((said)) the lands are no longer or not necessary
for public use.
(2) The sale may be made after public notice to the highest bidder
for such a price as approved by the governor, but not less than the
fair market value of the real property, plus the value of improvements
thereon. Any instruments necessary to convey title must be executed by
the governor in a form approved by the attorney general.
(3) All amounts received from the sale must be credited to the fund
of the department of government that is responsible for the acquisition
and maintenance of the property sold.
Sec. 202 RCW 76.01.040 and 1988 c 128 s 13 are each amended to
read as follows:
The department ((of natural resources)) is ((hereby)) authorized to
receive funds from the federal government for cooperative work in
management and protection of forests and forest and range lands as may
be authorized by any act of Congress which is now, or may hereafter be,
adopted for such purposes.
Sec. 203 RCW 76.01.050 and 1988 c 128 s 14 are each amended to
read as follows:
The department ((of natural resources)) is ((hereby)) authorized to
disburse such funds, together with any funds which may be appropriated
or contributed from any source for such purposes, on management and
protection of forests and forest and range lands.
Sec. 204 RCW 76.01.060 and 2000 c 11 s 1 are each amended to read
as follows:
Any authorized assistants, employees, agents, appointees, or
representatives of the department ((of natural resources)) may, in the
course of their inspection and enforcement duties as provided for in
chapters 76.04, 76.06, 76.09, ((76.16,)) and 76.36 RCW, enter upon any
lands, real estate, waters, or premises except the dwelling house or
appurtenant buildings in this state whether public or private and
remain thereon while performing such duties. Similar entry by the
department ((of natural resources)) may be made for the purpose of
making examinations, locations, surveys, and/or appraisals of all lands
under the management and jurisdiction of the department ((of natural
resources)); or for making examinations, appraisals and, after five
days' written notice to the landowner, making surveys for the purpose
of possible acquisition of property to provide public access to public
lands. In no event other than an emergency such as fire fighting shall
motor vehicles be used to cross a field customarily cultivated, without
prior consent of the owner. None of the entries herein provided for
shall constitute trespass, but nothing contained herein shall limit or
diminish any liability which would otherwise exist as a result of the
acts or omissions of ((said)) the department or its representatives.
Sec. 205 RCW 76.12.020 and 1988 c 128 s 23 are each amended to
read as follows:
The department ((shall have)) has the power to accept gifts and
bequests of money or other property, made in its own name, or made in
the name of the state, to promote generally the interests of
reforestation or for a specific named purpose in connection with
reforestation, and to acquire in the name of the state, by purchase or
gift, any lands which by reason of their location, topography, or
geological formation, are chiefly valuable for purpose of developing
and growing timber, and to designate such lands and any lands of the
same character belonging to the state as state forest lands; and may
acquire by gift or purchase any lands of the same character. The
department ((shall have)) has the power to seed, plant, and develop
forests on any lands, purchased, acquired, or designated by it as state
forest lands, and shall furnish such care and fire protection for such
lands as it shall deem advisable. Upon approval of the board of county
commissioners of the county in which ((said)) the land is located such
gift or donation of land may be accepted subject to delinquent general
taxes thereon, and upon such acceptance of such gift or donation
subject to such taxes, the department shall record the deed of
conveyance thereof and file with the assessor and treasurer of the
county wherein such land is situated, written notice of acquisition of
such land, and that all delinquent general taxes thereon, except state
taxes, shall be canceled, and the county treasurer shall thereupon
proceed to make such cancellation in the records of ((his office)) the
county treasurer. Thereafter, such lands shall be held in trust,
protected, managed, and administered upon, and the proceeds therefrom
disposed of, under RCW 76.12.030 (as recodified by this act).
Sec. 206 RCW 76.12.030 and 1997 c 370 s 1 are each amended to
read as follows:
If any land acquired by a county through foreclosure of tax liens,
or otherwise, comes within the classification of land described in RCW
76.12.020 (as recodified by this act) and can be used as state forest
land and if the department deems such land necessary for the purposes
of this chapter, the county shall, upon demand by the department, deed
such land to the department and the land shall become a part of the
state forest lands.
Such land shall be held in trust and administered and protected by
the department in the same manner as other state forest lands. ((Any
moneys derived from the lease of such land or from the sale of forest
products, oils, gases, coal, minerals, or fossils therefrom, shall be
distributed as follows:))
(1) The expense incurred by the state for administration,
reforestation, and protection, not to exceed twenty-five percent, which
rate of percentage shall be determined by the board of natural
resources, shall be returned to the forest development account in the
state general fund.
(2) Any balance remaining shall be paid to the county in which the
land is located to be paid, distributed, and prorated, except as
hereinafter provided, to the various funds in the same manner as
general taxes are paid and distributed during the year of payment:
PROVIDED, That any such balance remaining paid to a county with a
population of less than sixteen thousand shall first be applied to the
reduction of any indebtedness existing in the current expense fund of
such county during the year of payment.
NEW SECTION. Sec. 207 Any moneys derived from the lease of state
forest lands or from the sale of valuable materials, oils, gases, coal,
minerals, or fossils therefrom, must be distributed as follows:
(1) State forest lands acquired through RCW 76.12.030 (as
recodified by this act) or by exchange for lands acquired through RCW
76.12.030 (as recodified by this act):
(a) The expense incurred by the state for administration,
reforestation, and protection, not to exceed twenty-five percent, which
rate of percentage shall be determined by the board, must be returned
to the forest development account in the state general fund.
(b) Any balance remaining must be paid to the county in which the
land is located to be paid, distributed, and prorated, except as
otherwise provided in this section, to the various funds in the same
manner as general taxes are paid and distributed during the year of
payment.
(c) Any balance remaining, paid to a county with a population of
less than sixteen thousand, must first be applied to the reduction of
any indebtedness existing in the current expense fund of the county
during the year of payment.
(d) With regard to moneys remaining under this subsection (1),
within seven working days of receipt of these moneys, the department
shall certify to the state treasurer the amounts to be distributed to
the counties. The state treasurer shall distribute funds to the
counties four times per month, with no more than ten days between each
payment date.
(2) State forest lands acquired through RCW 76.12.020 (as
recodified by this act) or by exchange for lands acquired through RCW
76.12.020 (as recodified by this act), except as provided in RCW
79.12.035 (as recodified by this act):
(a) Fifty percent shall be placed in the forest development
account.
(b) 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 and the levy rate for
any maintenance and operation special school levies. With regard to
the portion to be distributed to the counties, the department shall
certify to the state treasurer the amounts to be distributed within
seven working days of receipt of the money. The state treasurer shall
distribute funds to the counties four times per month, with no more
than ten days between each payment date. The money distributed to the
county must 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.
Sec. 208 RCW 76.12.035 and 1959 c 87 s 1 are each amended to read
as follows:
Whenever any forest land which shall have been acquired by any
county through the foreclosure of tax liens, or otherwise, and which
shall have been acquired by the federal government either from said
county or from the state holding said lands in trust, and shall be
available for reacquisition, the ((state)) board ((of natural
resources)) and the board of county commissioners of any such county
are ((hereby)) authorized to enter into an agreement for the
reacquisition of such lands as state forest lands in trust for such
county. Such agreement shall provide for the price and manner of such
reacquisition. The ((state)) board ((of natural resources)) is
authorized to provide in such agreement for the advance of funds
available to it for such purpose from the forest development account,
all or any part of the price for such reacquisition so agreed upon,
which advance shall be repaid at such time and in such manner as ((in
said agreement)) provided in the agreement, solely from any
distribution to be made to said county under the provisions of RCW
76.12.030 (as recodified by this act); that the title to said lands
shall be retained by the state free from any trust until the state
shall have been fully reimbursed for all funds advanced in connection
with such reacquisition; and that in the event of the failure of the
county to repay such advance in the manner provided, the said forest
lands shall be retained by the state to be administered and/or disposed
of in the same manner as other state forest lands free and clear of any
trust interest therein by said county. Such county shall make
provisions for the reimbursement of the various funds from any moneys
derived from such lands so acquired, or any other county trust forest
board lands which are distributable in a like manner, for any sums
withheld from funds for other areas which would have been distributed
thereto from time to time but for such agreement.
Sec. 209 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 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 state forest 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.
Sec. 210 RCW 76.12.060 and 1961 c 77 s 2 are each amended to read
as follows:
The commissioner ((of public lands)) shall, with the advice and
approval of the attorney general, execute such agreements, writings, or
relinquishments and certify to the governor such deeds as are necessary
or proper to complete an exchange ((as authorized by the board of
natural resources under RCW 76.12.050)).
Sec. 211 RCW 76.12.065 and 1961 c 77 s 3 are each amended to read
as follows:
Lands acquired by the state of Washington as the result of any
exchange ((authorized under RCW 76.12.050)) shall be held and
administered for the benefit of the same fund and subject to the same
laws as were the lands exchanged therefor.
Sec. 212 RCW 76.12.070 and 1988 c 128 s 27 are each amended to
read as follows:
Whenever any county shall have acquired by tax foreclosure, or
otherwise, lands within the classification of RCW 76.12.020 (as
recodified by this act) and shall have thereafter contracted to sell
such lands to bona fide purchasers before the same may have been
selected as forest lands by the department, and has heretofore deeded
or shall hereafter deed because of inadvertence or oversight such lands
to the state or to the department to be held under RCW 76.12.030 (as
recodified by this act) or any amendment thereof; the department upon
being furnished with a certified copy of such contract of sale on file
in such county and a certificate of the county treasurer showing said
contract to be in good standing in every particular and that all due
payments and taxes have been made thereon, and upon receipt of a
certified copy of a resolution of the board of county commissioners of
such county requesting the reconveyance to the county of such lands, is
hereby authorized to reconvey such lands to such county by quitclaim
deed executed by the department. Such reconveyance of lands hereafter
so acquired shall be made within one year from the conveyance thereof
to the state or department.
Sec. 213 RCW 76.12.072 and 1983 c 3 s 195 are each amended to
read as follows:
Whenever the board of county commissioners of any county shall
determine that state forest lands, that were acquired from such county
by the state pursuant to RCW 76.12.030 (as recodified by this act) and
that are under the administration of the department ((of natural
resources)), are needed by the county for public park use in accordance
with the county and the state outdoor recreation plans, the board of
county commissioners may file an application with the board ((of
natural resources)) for the transfer of such state forest lands.
Upon the filing of an application by the board of county
commissioners, the department ((of natural resources)) shall cause
notice of the impending transfer to be given in the manner provided by
RCW 42.30.060. If the department ((of natural resources)) determines
that the proposed use is in accordance with the state outdoor
recreation plan, it shall reconvey said state forest lands to the
requesting county to have and to hold for so long as the state forest
lands are developed, maintained, and used for the proposed public park
purpose. This reconveyance may contain conditions to allow the
department ((of natural resources)) to coordinate the management of any
adjacent state owned lands with the proposed park 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.
If the land is not, or ceases to be, used for public park purposes the
land shall be conveyed back to the department ((of natural resources))
upon request of the department.
Sec. 214 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 transferred to
the counties under RCW 76.12.072 (as recodified by this act) shall be
managed by the department ((of natural resources)) to the extent that
this is consistent with park purposes and meets with the approval of
the board of county commissioners. Whenever the department ((of
natural resources)) does manage the timber resources of such lands, it
will do so in accordance with the general statutes relative to the
management of all other state forest lands.
Sec. 215 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 approved
for transfer to a county for public park purposes under the provisions
of RCW 76.12.072 (as recodified by this act) shall be transferred to
the county by deed.
Sec. 216 RCW 76.12.075 and 1969 ex.s. c 47 s 4 are each amended
to read as follows:
The provisions of RCW 76.12.072 through 76.12.075 (as recodified by
this act) shall be cumulative and nonexclusive and shall not repeal any
other related statutory procedure established by law.
Sec. 217 RCW 76.12.090 and 2000 c 11 s 8 are each amended to read
as follows:
For the purpose of acquiring and paying for lands for state forests
and reforestation as herein provided the department may issue utility
bonds of the state of Washington((, in an amount not to exceed two
hundred thousand dollars in principal, during the biennium expiring
March 31, 1925, and such other amounts)) as may hereafter be authorized
by the legislature. ((Said bonds shall bear interest at not to exceed
the rate of two percent per annum which shall be payable annually.
Said bonds shall never be sold or exchanged at less than par and
accrued interest, if any, and shall mature in not less than a period
equal to the time necessary to develop a merchantable forest on the
lands exchanged for said bonds or purchased with money derived from the
sale thereof. Said)) The bonds shall be known as state forest utility
bonds. The principal or interest of ((said)) the bonds shall not be a
general obligation of the state, but shall be payable only from the
forest development account. The department may issue ((said)) the
bonds in exchange for lands selected by it in accordance with RCW
((76.12.020, 76.12.030, 76.12.080, 76.12.090,)) 76.12.110((, 76.12.120,
and 76.12.140)) (as recodified by this act) and this chapter, or may
sell ((said)) the bonds in such a manner as it deems advisable, and
with the proceeds purchase and acquire such lands. Any of ((said)) the
bonds issued in exchange and payment for any particular tract of lands
may be made a first and prior lien against the particular land for
which they are exchanged, and upon failure to pay ((said)) the bonds
and interest thereon according to their terms, the lien of ((said)) the
bonds may be foreclosed by appropriate court action.
Sec. 218 RCW 76.12.100 and 2000 c 11 s 9 are each amended to read
as follows:
For the purpose of acquiring, seeding, reforestation, and
administering land for forests and of carrying out RCW ((76.12.020,
76.12.030, 76.12.080, 76.12.090,)) 76.12.110((, 76.12.120, and
76.12.140)) (as recodified by this act) and the provisions of this
chapter, the department is authorized to issue and dispose of utility
bonds of the state of Washington in an amount not to exceed one hundred
thousand dollars in principal during the biennium expiring March 31,
1951((: PROVIDED, HOWEVER, That)). However, no sum in excess of one
dollar 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 three dollars per acre be paid or
allowed either in cash, bonds, or otherwise, for any lands adequately
restocked with young growth.
Any utility bonds issued under the provisions of this section may
be retired from time to time, whenever there is sufficient money in the
forest development account, said bonds to be retired at the discretion
of the department either in the order of issuance, or by first retiring
bonds with the highest rate of interest.
Sec. 219 RCW 76.12.110 and 2000 2nd sp.s. c 1 s 915 are each
amended to read as follows:
There is created a forest development account in the state
treasury. The state treasurer shall keep an account of all sums
deposited therein and expended or withdrawn therefrom. Any sums placed
in the forest development account shall be pledged for the purpose of
paying interest and principal on the bonds issued by the department
under RCW 76.12.090 and 76.12.100 (as recodified by this act) and the
provisions of this chapter, and for the purchase of land for growing
timber. Any bonds issued shall constitute a first and prior claim and
lien against the account for the payment of principal and interest. No
sums for the above purposes shall be withdrawn or paid out of the
account except upon approval of the department.
Appropriations may be made by the legislature from the forest
development account to the department for the purpose of carrying on
the activities of the department on state forest lands, lands managed
on a sustained yield basis as provided for in RCW 79.68.040 (as
recodified by this act), and for reimbursement of expenditures that
have been made or may be made from the resource management cost account
in the management of state forest lands. ((For the 1999-2001 fiscal
biennium, moneys from the account shall be distributed as directed in
the omnibus appropriations act to the beneficiaries of the revenues
derived from state forest lands. Funds that accrue to the state from
such a distribution shall be deposited into the salmon recovery
account. These funds shall be used for a grant program for cities and
counties for the preservation and restoration of riparian, marine, and
estuarine areas.))
Sec. 220 RCW 76.12.120 and 2000 c 148 s 2 are each amended to
read as follows:
Except as provided in RCW 76.12.125 (as recodified by this act),
all land, acquired or designated by the department as state forest
land, shall be forever reserved from sale, but the ((timber and other
products)) valuable materials thereon may be sold or the land may be
leased in the same manner and for the same purposes as is authorized
for state ((granted)) lands 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. With regard to the portion to be distributed to the
counties, the department shall certify to the state treasurer the
amounts to be distributed within seven working days of receipt of the
money. The state treasurer shall distribute funds to the counties four
times per month, with no more than ten days between each payment date.
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.
Sec. 221 RCW 76.12.125 and 2000 c 148 s 3 are each amended to
read as follows:
(1) With the approval of the board ((of natural resources)), the
department may directly transfer or dispose of state forest lands
((acquired under this chapter)) without public auction, if such lands
consist of ten contiguous acres or less, or have a value of twenty-five
thousand dollars or less. Such disposal may only occur in the
following circumstances:
(a) Transfers in lieu of condemnation; and
(b) Transfers to resolve trespass and property ownership disputes.
(2) Real property to be transferred or disposed of under this
section shall be transferred or disposed of only after appraisal and
for at least fair market value, and only if such transaction is in the
best interest of the state or affected trust.
(3) The proceeds from real property transferred or disposed of
under this section shall be deposited into the park land trust
revolving fund and be solely used to buy replacement land within the
same county as the property transferred or disposed.
Sec. 222 RCW 76.12.140 and 2000 c 11 s 10 are each amended to
read as follows:
((Any)) State forest lands ((acquired by the state under RCW
76.12.020, 76.12.030, 76.12.080, 76.12.090, 76.12.110, 76.12.120, and
76.12.140, or any amendments thereto,)) shall be logged, protected, and
cared for in such manner as to ((insure)) ensure natural reforestation
of such lands, and to that end the department shall have power, and it
shall be its duty to ((make)) adopt rules ((and regulations)), and
amendments thereto, governing logging operations on such areas, and to
embody in any contract for the sale of timber on such areas, such
conditions as it shall deem advisable, with respect to methods of
logging, disposition of slashings, and debris, and protection and
promotion of new forests. All such rules ((and regulations)), or
amendments thereto, shall be adopted by the department under chapter
34.05 RCW. Any violation of any such rules shall be a gross
misdemeanor unless the department has specified by rule, when not
inconsistent with applicable statutes, that violation of a specific
rule is an infraction under chapter 7.84 RCW.
Sec. 223 RCW 76.12.155 and 1988 c 128 s 34 are each amended to
read as follows:
The ((commissioner of public lands)) department shall keep in
((his)) its office in a permanent bound volume a record of all forest
lands acquired by the state and any lands owned by the state and
designated as such by the department. The record shall show the date
and from whom said lands were acquired; amount and method of payment
therefor; the forest within which said lands are embraced; the legal
description of such lands; the amount of money expended, if any, and
the date thereof, for seeding, planting, maintenance, or care for such
lands; the amount, date, and source of any income derived from such
land; and such other information and data as may be required by the
department.
Sec. 224 RCW 76.12.180 and 1981 c 204 s 5 are each amended to
read as follows:
The department ((of natural resources)) may enter into agreements
with the county to:
(1) Identify public roads used to provide access to state forest
lands in need of improvement;
(2) Establish a time schedule for the improvements;
(3) Advance payments to the county to fund the road improvements((:
PROVIDED, That)). However, no more than fifty percent of the access
road revolving fund shall be eligible for use as advance payments to
counties. The department shall assess the fund on January 1st and July
1st of each year to determine the amount that may be used as advance
payments to counties for road improvements; and
(4) Determine the equitable distribution, if any, of costs of such
improvements between the county and the state through negotiation of
terms and conditions of any resulting repayment to the fund or funds
financing the improvements.
Sec. 225 RCW 76.12.240 and 1996 c 264 s 1 are each amended to
read as follows:
(1) The legislature finds that the state's community and technical
colleges need a dedicated source of revenue to augment other sources of
capital improvement funding. The intent of this section is to ensure
that the forest land purchased under section 310, chapter 16, Laws of
1990 1st ex. sess. and known as the community and technical college
forest reserve land base, is managed in perpetuity and in the same
manner as state forest lands for sustainable commercial forestry and
multiple use of lands consistent with RCW 79.68.050 (as recodified by
this act). These ((state)) lands will also be managed to provide an
outdoor education and experience area for organized groups. The lands
will provide a source of revenue for the long-term capital improvement
needs of the state community and technical college system.
(2) There has been increasing pressure to convert forest lands
within areas of the state subject to population growth. Loss of forest
land in urbanizing areas reduces the production of forest products and
the available supply of open space, watershed protection, habitat, and
recreational opportunities. The land known as the community and
technical college forest reserve land base is forever reserved from
sale. However, the timber and other products on the land may be sold,
or the land may be leased in the same manner and for the same purposes
as authorized for state granted lands if the department finds the sale
or lease to be in the best interest of this forest reserve land base
and approves the terms and conditions of the sale or lease.
(3) The land exchange and acquisition powers provided in RCW
76.12.050 (as recodified by this act) may be used by the department to
reposition land within the community and technical college forest
reserve land base consistent with subsection (1) of this section.
(4) Up to twenty-five percent of the revenue from these lands, as
determined by the board ((of natural resources)), will be deposited in
the forest development account to reimburse the forest development
account for expenditures from the account for management of these
lands.
(5) The community college forest reserve account, created under
section 310, chapter 16, Laws of 1990 1st ex. sess., is renamed the
community and technical college forest reserve account. The remainder
of the revenue from these lands must be deposited in the community and
technical college forest reserve account. Money in the account may be
appropriated by the legislature for the capital improvement needs of
the state community and technical college system or to acquire
additional forest reserve lands.
Sec. 226 RCW 76.16.010 and 1963 c 140 s 1 are each amended to
read as follows:
Whenever the department ((of natural resources, hereinafter
referred to as the department, shall find it to be for)) finds that it
is in the best interests of the state of Washington to acquire any
property or use of a road in private ownership to afford access to
state timber and other valuable material for the purpose of developing,
caring for, or selling the same, the acquisition of such property, or
use thereof, is hereby declared to be necessary for the public use of
the state of Washington, and ((said)) the department is ((hereby))
authorized to acquire such property or the use of such roads by gift,
purchase, exchange, or condemnation, and subject to all of the terms
and conditions of such gift, purchase, exchange, or decree of
condemnation to maintain such property or roads as part of the
department's land management road system.
Sec. 227 RCW 76.16.020 and 1963 c 140 s 2 are each amended to
read as follows:
The attorney general of the state of Washington is hereby required
and authorized to condemn said property interests found to be necessary
for the public purposes of the state of Washington, as provided in RCW
76.16.010 (as recodified by this act), and upon being furnished with a
certified copy of the resolution of the department, describing said
property interests found to be necessary for the purposes set forth in
RCW 76.16.010 (as recodified by this act), the attorney general shall
immediately take steps to acquire said property interests by exercising
the state's right of eminent domain under the provisions of chapter
8.04 RCW, and in any condemnation action herein authorized, the
resolution so describing the property interests found to be necessary
for the purposes set forth above shall, in the absence of a showing of
bad faith, arbitrary, capricious, or fraudulent action, be conclusive
as to the public use and real necessity for the acquisition of said
property interests for a public purpose, and said property interests
shall be awarded to the state without the necessity of either pleading
or proving that the department was unable to agree with the owner or
owners of said private property interest for its purchase. Any
condemnation action herein authorized shall have precedence over all
actions, except criminal actions, and shall be summarily tried and
disposed of.
Sec. 228 RCW 76.16.030 and 1963 c 140 s 3 are each amended to
read as follows:
In the event the department should determine that the property
interests acquired under the authority of this chapter are no longer
necessary for the purposes for which they were acquired, the department
shall dispose of the same in the following manner, when in the
discretion of the department it is to the best interests of the state
of Washington to do so, except that property purchased with educational
funds or held in trust for educational purposes shall be sold only in
the same manner as are public lands of the state:
(1) Where the state property necessitating the acquisition of
private property interests for access purposes under authority of this
chapter is sold or exchanged, ((said)) the acquired property interests
may be sold or exchanged as an appurtenance of ((said)) the state
property when it is determined by the department that sale or exchange
of ((said)) the state property and acquired property interests as one
parcel is in the best interests of the state.
(2) If ((said)) the acquired property interests are not sold or
exchanged as provided in ((the preceding)) subsection (1) of this
section, the department shall notify the person or persons from whom
the property interest was acquired, stating that ((said)) the property
interests are to be sold, and that ((said)) the person or persons shall
have the right to purchase the same at the appraised price. ((Said))
The notice shall be given by registered letter or certified mail,
return receipt requested, mailed to the last known address of ((said))
the person or persons. If the address of ((said)) the person or
persons is unknown, ((said)) the notice shall be published twice in an
official newspaper of general circulation in the county where the lands
or a portion thereof is located. The second notice shall be published
not less than ten nor more than thirty days after the notice is first
published. ((Said)) The person or persons shall have thirty days after
receipt of the registered letter or five days after the last date of
publication, as the case may be, to notify the department, in writing,
of their intent to purchase the offered property interest. The
purchaser shall include with his or her notice of intention to
purchase, cash payment, certified check, or money order in an amount
not less than one-third of the appraised price. No instrument
conveying property interests shall issue from the department until the
full price of the property is received by ((said)) the department. All
costs of publication required under this section shall be added to the
appraised price and collected by the department upon sale of ((said))
the property interests.
(3) If ((said)) the property interests are not sold or exchanged as
provided in ((the preceding)) subsections (1) and (2) of this section,
the department shall notify the owners of land abutting ((said)) the
property interests in the same manner as provided in ((the preceding))
subsection (2) of this section and their notice of intent to purchase
shall be given in the manner and in accordance with the same time
limits as are set forth in ((the preceding)) subsection (2)((:
PROVIDED, That)) of this section. However, if more than one abutting
owner gives notice of intent to purchase ((said)) the property
interests, the department shall apportion them in relation to the
lineal footage bordering each side of the property interests to be
sold, and apportion the costs to the interested purchasers in relation
thereto((: PROVIDED FURTHER, That)). Further, no sale is authorized
by this section unless the department is satisfied that the amounts to
be received from the several purchasers will equal or exceed the
appraised price of the entire parcel plus any costs of publishing
notices.
(4) If no sale or exchange is consummated as provided in
subsections (1)((, (2) and)) through (3) ((hereof)) of this section,
the department shall sell ((said)) the properties in the same manner as
((public)) state lands ((of the state of Washington)) are sold.
(5) Any disposal of property interests authorized by this chapter
shall be subject to any existing rights previously granted by the
department.
Sec. 229 RCW 76.16.040 and 1963 c 140 s 4 are each amended to
read as follows:
The department in acquiring any property interests under the
provisions of this chapter, either by purchase or condemnation, is
hereby authorized to pay for the same out of any moneys available to
the department ((of natural resources)) for this purpose.
Sec. 230 RCW 76.20.010 and 1975 c 10 s 1 are each amended to read
as follows:
The department ((of natural resources)) may issue licenses to
residents of this state to enter upon lands under the administration or
jurisdiction of the department ((of natural resources)) for the purpose
of removing therefrom, standing or downed timber which is unfit for any
purpose except to be used as firewood.
Sec. 231 RCW 76.20.020 and 1945 c 97 s 2 are each amended to read
as follows:
In addition to other matters which may be required to be contained
in the application for a license under this chapter the applicant must
certify that the wood so removed is to be only for ((his)) the
applicant's own personal use and in his or her own home and that ((he))
the applicant will not dispose of it to any other person.
Sec. 232 RCW 76.20.030 and 1975 c 10 s 2 are each amended to read
as follows:
The application may be made to the department ((of natural
resources)), and if deemed proper, the license may be issued upon the
payment of two dollars and fifty cents which shall be paid into the
treasury of the state by the officer collecting the same and placed in
the resource management cost account or forest development account, as
applicable; the license shall be dated as of the date of issuance and
authorize the holder thereof to remove between the dates so specified
not more than six cords of wood not fit for any use but as firewood for
the use of ((himself and)) the applicant and his or her family from the
premises described in the license under such ((regulations)) rules as
the department ((of natural resources)) may ((prescribe)) adopt.
Sec. 233 RCW 76.20.035 and 1975 c 10 s 3 are each amended to read
as follows:
Whenever the department ((of natural resources)) determines that it
is in the best interest of the state and there will be a benefit to the
lands involved or a state program affecting such lands it may designate
specific areas and authorize the general public to enter upon lands
under its jurisdiction for the purposes of cutting and removing
standing or downed timber for use as firewood for the personal use of
the person so cutting and removing without a charge under such terms
and conditions as it may require.
Sec. 234 RCW 76.20.040 and 1945 c 97 s 4 are each amended to read
as follows:
Any false statement made in the application or any violation of the
provisions of ((this chapter)) RCW 76.20.010 through 76.20.035 (as
recodified by this act) shall constitute a gross misdemeanor and be
punishable as such.
NEW SECTION. Sec. 235 The following acts or parts of acts are
each repealed:
(1) RCW 76.01.020 (Sale of other than state forest lands--Procedure) and 1955 c 121 s 2;
(2) RCW 76.01.030 (Sale of other than state forest lands--Disposition of revenue) and 1955 c 121 s 3;
(3) RCW 76.12.015 ("Department" defined) and 1988 c 128 s 22; and
(4) RCW 76.12.033 (Remaining moneys -- Certification -- Distribution)
and 1998 c 71 s 1.
NEW SECTION. Sec. 236 RCW 76.01.040 and 76.01.050 are each
recodified as sections in a new chapter in Title
NEW SECTION. Sec. 237 RCW 76.01.060 is recodified as a section
in a new chapter in Title
NEW SECTION. Sec. 238 RCW 76.12.160 and 76.12.170 are each
recodified as sections in a new chapter in Title
NEW SECTION. Sec. 239 RCW 76.12.205, 76.12.210, 76.12.220, and
76.12.230 are each recodified as sections in a new chapter in Title
NEW SECTION. Sec. 240 RCW 76.12.240 is recodified as a section
in a new chapter added to Title
NEW SECTION. Sec. 241 RCW 76.12.040 and 76.12.045 are each
recodified as sections in a new chapter added to Title
NEW SECTION. Sec. 242 RCW 76.01.010 is recodified as a section
in a new chapter added to Title
NEW SECTION. Sec. 243 RCW 76.20.010, 76.20.020, 76.20.030,
76.20.035, and 76.20.040 are each recodified as sections in a new
chapter added to Title
NEW SECTION. Sec. 244 RCW 76.12.050, 76.12.060, and 76.12.065
are each recodified as sections in a new chapter added to Title
NEW SECTION. Sec. 245 RCW 76.12.020, 76.12.080, 76.12.155,
76.12.030, 76.12.120, 76.12.125, 76.12.140, 76.12.090, 76.12.100,
76.12.035, 76.12.070, and 76.12.067 are each recodified as sections in
a new chapter added to Title
NEW SECTION. Sec. 246 RCW 76.12.072, 76.12.073, 76.12.074, and
76.12.075 are each recodified as sections in a new chapter added to
Title
NEW SECTION. Sec. 247 RCW 76.16.010, 76.16.020, 76.16.030, and
76.16.040 are each recodified as sections in chapter
NEW SECTION. Sec. 248 RCW 76.12.180 is recodified as a section
in chapter 79.38 RCW.
NEW SECTION. Sec. 249 (1) RCW 76.12.110 is recodified as a
section in chapter 79.64 RCW under the subchapter heading "State forest
lands."
(2) Section 207 of this act is added to chapter 79.64 RCW under the
subchapter heading "State forest lands."
Sec. 301 RCW 79.01.004 and 1927 c 255 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this title unless
the context clearly requires otherwise.
(1) "Aquatic lands" means all state-owned tidelands, shorelands,
harbor areas, and the beds of navigable waters as defined in chapter
79.90 RCW that are managed by the department.
(2) "Board" means the board of natural resources.
(3) "Commissioner" means the commissioner of public lands.
(4) "Community and technical college forest reserve lands" means
lands managed under RCW 76.12.240 (as recodified by this act).
(5) "Department" means the department of natural resources.
(6) "Improvements," when referring to state lands, means anything
considered a fixture in law placed upon or attached to such lands that
has changed the value of the lands or any changes in the previous
condition of the fixtures that changes the value of the lands.
(7) "Land bank lands" means lands acquired under RCW 79.66.020 (as
recodified by this act).
(8) "Person" means an individual, partnership, corporation,
association, organization, cooperative, public or municipal
corporation, or agency of a federal, state, or local governmental unit,
however designated.
(9) "Public lands" means lands of the state of Washington ((are))
and includes lands belonging to or held in trust by the state, which
are not devoted to or reserved for a particular use by law((, and)).
They include state lands, tidelands, shorelands, and harbor areas as
((hereinafter)) defined in chapter 79.90 RCW, and the beds of navigable
waters belonging to the state.
((Whenever used in this chapter the term)) (10) "State forest
lands" means lands acquired under RCW 76.12.020, 76.12.030, and
76.12.080 (as recodified by this act).
(11) "State lands" ((shall mean and)) includes:
(a) School lands, that is, lands held in trust for the support of
the common schools;
(b) University lands, that is, lands held in trust for university
purposes;
(c) Agricultural college lands, that is, lands held in trust for
the use and support of agricultural colleges;
(d) Scientific school lands, that is, lands held in trust for the
establishment and maintenance of a scientific school;
(e) Normal school lands, that is, lands held in trust for state
normal schools;
(f) Capitol building lands, that is, lands held in trust for the
purpose of erecting public buildings at the state capital for
legislative, executive, and judicial purposes;
(g) Institutional lands, that is, lands held in trust for state
charitable, educational, penal, and reformatory institutions; and
(h) All public lands of the state, except tidelands, shorelands,
harbor areas, and the beds of navigable waters.
(12) "Valuable materials," when referring to state lands or state
forest lands, means any product or material on the lands, such as
forest products, forage or agricultural crops, stone, gravel, sand,
peat, and all other materials of value except mineral, coal, petroleum,
and gas as provided for under chapter 79.14 RCW.
NEW SECTION. Sec. 302 (1) The board or the commissioner has the
power to compel through subpoena the attendance of witnesses and
production of records for:
(a) Hearings pertaining to public lands as provided by this title;
(b) Determining the value and character of land, valuable
materials, or improvements; and
(c) Determining waste or damage to the land.
(2) A subpoena may be served by any person authorized by law to
serve process.
(3) Each witness subpoenaed is allowed the same fees and mileage as
paid witnesses in courts of records in this state. The department
shall pay these fees and mileage from its general fund appropriation.
(4) Any witness failing to comply with a subpoena, without legal
excuse, is considered in contempt.
(a) The board or commissioner shall certify the facts to the court
of the county in which the witness resides for contempt of court
proceedings as provided in chapter 7.21 RCW.
(b) The certificate of the board or commissioner must be considered
by the court as prima facie evidence of the guilt of the witness.
(c) Upon legal proof of the facts, the witness is subject to the
same penalties as provided in like cases for contempt of court.
Sec. 303 RCW 79.01.007 and 1991 c 204 s 5 are each amended to
read as follows:
Where ((C.E.P. & R.I.)) charitable, educational, penal, and
reformatory institutions land has the potential for lease for
commercial, industrial, or residential uses or other uses with the
potential for high economic return and is within urban or suburban
areas, the department ((of natural resources)) shall make every effort
consistent with trust land management principles and all other
provisions of law to lease the lands for such purposes, unless the land
is subject to a lease to a state agency operating an existing state
institution. The department ((of natural resources)) is authorized,
subject to approval by the board ((of natural resources)) and only if
a higher return can be realized, to exchange such lands for lands of at
least equal value and to sell such lands and use the proceeds to
acquire replacement lands. The department shall report to the
appropriate legislative committees all ((C.E.P. & R.I.)) charitable,
educational, penal, and reformatory institutions land purchased, sold,
or exchanged. Income from the leases shall be deposited in the
charitable, educational, penal, and reformatory institutions account.
The legislature shall give priority consideration to appropriating one-half of the money derived from lease income to providing community
housing for persons who are mentally ill, developmentally disabled, or
youth who are blind, deaf, or otherwise disabled.
Sec. 304 RCW 79.01.052 and 1988 c 128 s 51 are each amended to
read as follows:
(1) The board ((of natural resources)) shall keep its records in
the office of the commissioner ((of public lands)), and shall keep a
full and complete record of its proceedings relating to the appraisal
of lands granted for educational purposes((, and)).
(2) Records for all forest lands acquired by the state and any
lands owned by the state and designated as such by the department must
be maintained by the department as provided in RCW 76.12.155 (as
recodified by this act).
(3) The board shall have the power, from time to time, to make and
enforce rules ((and regulations)) for ((the)) carrying out ((of)) the
provisions of this ((chapter)) title relating to its duties not
inconsistent with law.
Sec. 305 RCW 79.01.056 and 1927 c 255 s 14 are each amended to
read as follows:
The commissioner ((of public lands)) shall have the power to
appoint an assistant, who shall be deputy commissioner of public lands
with power to perform any act or duty relating to the office of the
commissioner, and, in case of vacancy by death or resignation of the
commissioner, shall perform the duties of the office until the vacancy
is filled, and shall act as chief clerk in the office of the
commissioner ((of public lands)), and, before ((entering upon his))
performing any duties, shall take, subscribe, and file in the office of
the secretary of state the oath of office required by law of state
officers.
Sec. 306 RCW 79.01.060 and 1927 c 255 s 15 are each amended to
read as follows:
The commissioner ((of public lands)) shall have the power to
appoint an auditor and cashier((, and an assistant auditor and cashier,
and to appoint and employ such number of state land inspectors, who
shall be citizens of the state of Washington familiar with the work of
inspecting and appraising lands,)) and such number of ((engineers,
draftsmen, clerks and)) other assistants, as ((he may)) the
commissioner deems necessary for the performance of the duties of
((his)) the office.
Sec. 307 RCW 79.01.064 and 1927 c 255 s 16 are each amended to
read as follows:
The commissioner ((of public lands)) and ((his appointees)) those
appointed by the commissioner shall enter into good and sufficient
surety company bonds as required by law, in the following sums:
Commissioner ((of public lands)), fifty thousand dollars; ((auditor and
cashier, twenty thousand dollars; assistant auditor and cashier, ten
thousand dollars; each state land inspector, five thousand dollars;))
and other appointees in such sum as may be fixed in the manner provided
by law.
Sec. 308 RCW 79.01.080 and 1927 c 255 s 20 are each amended to
read as follows:
In case any person interested in any tract of land heretofore
selected by the territory of Washington or any officer, board, or agent
thereof or by the state of Washington or any officer, board, or agent
thereof or which may be hereafter selected by the state of Washington
or the ((commissioner of public lands)) department, in pursuance to any
grant of public lands made by the United States to the territory or
state of Washington for any purpose or upon any trust whatever, the
selection of which has failed or been rejected or shall fail or shall
be rejected for any reason, shall request it, the ((commissioner of
public lands)) department shall have the authority and power on behalf
of the state to relinquish to the United States such tract of land.
Sec. 309 RCW 79.01.082 and 2001 c 250 s 10 are each amended to
read as follows:
For the purposes of this ((title)) chapter, "appraisal" means an
estimate of the market value of land or valuable materials. The
estimate must reflect the value based on market conditions at the time
of the sale or transfer offering. The appraisal must reflect the
department's ((of natural resources')) best effort to establish a
reasonable market value for the purpose of setting a minimum bid at
auction or transfer. A purchaser of state lands or valuable materials
may not rely upon the appraisal prepared by the department ((of natural
resources)) for purposes of deciding whether to make a purchase from
the department. All purchasers are required to make their own
independent appraisals.
Sec. 310 RCW 79.01.084 and 2001 c 250 s 1 are each amended to
read as follows:
The ((commissioner of public lands)) department shall cause to be
prepared, and furnish to applicants, blank forms of applications for
the appraisal, transfer, and purchase of any state lands and the
purchase of valuable materials situated thereon, and for the lease of
state lands. These forms shall contain instructions to inform and aid
applicants.
Sec. 311 RCW 79.01.088 and 1982 1st ex.s. c 21 s 151 are each
amended to read as follows:
Any person desiring to purchase any state lands((, or to purchase
any timber, fallen timber, stone, gravel, or other valuable materials
situated on state lands, or to lease any state lands,)) shall file ((in
the office of the commissioner of public lands)) an application((,)) on
the ((proper)) forms ((which shall be)) provided by the department and
accompanied by ((reasonable)) the fees ((to be prescribed by the board
of natural resources in an amount sufficient to defray the cost of
performing or otherwise providing for the processing, review, or
inspection of the applications or activities permitted pursuant to the
applications for each category of services performed. These fees shall
be credited to the resource management cost account (RMCA) fund as
established under RCW 79.64.010 in the general fund)) authorized under
section 313 of this act.
NEW SECTION. Sec. 312 A person desiring to purchase valuable
materials may make application to the department on forms provided by
the department and accompanied by the fee provided in section 313 of
this act.
NEW SECTION. Sec. 313 (1) Applications for the purchase or use
of lands and the sale of valuable materials by the department shall be
accompanied by reasonable fees to be prescribed by the board in an
amount sufficient to defray the cost of performing or otherwise
providing for the processing, review, or inspection of the applications
or activities permitted pursuant to the applications for each category
of services performed.
(2) Fees shall be credited to the resource management cost account
fund as established under RCW 79.64.020 (as recodified by this act),
the forest development account fund as established under RCW 76.12.110
(as recodified by this act), or the agricultural college trust
management account fund as established under RCW 79.64.090 (as
recodified by this act), as applicable.
Sec. 314 RCW 79.01.092 and 1979 ex.s. c 109 s 3 are each amended
to read as follows:
When in the judgment of the department ((of natural resources)),
there is sufficient interest for the appraisement and sale((, or the
lease, for any lawful purpose, excepting mining of valuable minerals or
coal, or extraction of petroleum or gas,)) of state lands, the
department shall cause each tract of land to be inspected as to its
topography, development potential, forestry, agricultural, and grazing
qualities, coal, mineral, stone, gravel, or other valuable material,
the distance from any city or town, railroad, river, irrigation canal,
ditch, or other waterway, and location of utilities. In case of an
application to purchase land granted to the state for educational
purposes, the department shall submit a report to the board ((of
natural resources)), which board shall fix the value per acre of each
lot, block, subdivision, or tract proposed to be sold in one parcel,
which value shall be not less than ten dollars per acre. In case of
applications to purchase state lands, other than lands granted to the
state for educational purposes and capitol building lands, the
department shall appraise and fix the value thereof. ((In case of
interest for the lease of state lands, for any lawful purposes other
than that of mining for valuable minerals or coal, or extraction of
petroleum or gas, the department shall fix the rental value thereof,
and only improvements authorized in writing by the department of
natural resources or consistent with the approved plan of development
shall be placed on state lands under lease and these improvements shall
become the property of the state at the expiration or termination of
the lease unless otherwise agreed upon under the terms of the lease:
PROVIDED, That these improvements may be required by the department of
natural resources to be removed at the end of the lease term by the
lessee at his expense. Any improvements placed upon any state lands
without the written authority of the commissioner of public lands shall
become the property of the state and be considered part of the land.))
NEW SECTION. Sec. 315 (1) Only improvements authorized in
writing by the department or consistent with the approved plan of
development may be placed on the state lands under lease. Improvements
are subject to the following conditions:
(a) A minimum reasonable time must be allowed for completion of the
improvements;
(b) Improvements become the property of the state at the expiration
or termination of the lease unless otherwise agreed upon under the
terms of the lease; and
(c) The department may require improvements to be removed at the
end of the lease term at the lessee's expense.
(2) Any improvements placed upon any state lands without the
written authority of the department become the property of the state
and are considered part of the land, unless required to be removed by
the lessee under subsection (1)(c) of this section.
NEW SECTION. Sec. 316 (1) When in the judgment of the department
there is sufficient interest for the lease of state lands, it must
inspect each tract of land as to its topography, development potential,
forestry, agricultural, and grazing qualities; the presence of coal,
mineral, stone, gravel, or other valuable materials; the distance from
any city or town, railroad, river, irrigation canal, ditch, or other
waterway; and location of utilities.
(2) The department may survey any state lands to determine the area
subject to lease.
(3) It is the duty of the department to prepare all reports, data,
and information in its records pertaining to any proposed lease.
(4) The department may order that any particular application for a
lease be held in abeyance pending further inspection and report by the
department. Based on the further inspection and report, the department
must determine whether or not, and the terms upon which, the proposed
lease is consummated.
Sec. 317 RCW 79.01.093 and 1979 ex.s. c 109 s 22 are each amended
to read as follows:
RCW 79.01.092, 79.01.096, 79.01.136, 79.01.140, 79.01.148,
79.01.244, 79.01.248, 79.01.252, 79.01.256, 79.01.260, 79.01.264,
79.01.268, 79.01.724, 79.12.570, 79.28.080, 79.01.242, and 79.01.277
(as recodified by this act) do not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters.
Sec. 318 RCW 79.01.094 and 1988 c 128 s 54 are each amended to
read as follows:
The department ((of natural resources)) shall exercise general
supervision and control over the sale ((or lease)) for any purpose of
land granted to the state for educational purposes ((and also over the
sale of timber, fallen timber, stone, gravel and all other valuable
materials situated thereon)). It shall be the duty of the department
to prepare all reports, data, and information in its records pertaining
to any such proposed sale ((or lease)). The department shall have
power, if it deems it advisable, to order that any particular sale ((or
lease)) of such land ((or valuable materials)) be held in abeyance
pending further inspection and report. The department may cause such
further inspection and report of land ((or materials)) involved in any
proposed sale ((or lease)) to be made and for that purpose shall have
power to employ its own inspectors, cruisers, and other technical
assistants. Upon the basis of such further inspection and report the
department shall determine whether or not, and the terms upon which,
the proposed sale ((or lease)) shall be consummated.
NEW SECTION. Sec. 319 (1) The department shall exercise general
supervision and control over the sale of valuable materials.
(2) The department shall maintain all reports, data, and
information in its records pertaining to a proposed sale.
(3) The department may hold a sale in abeyance pending further
inspection and report and may cause such further inspection and report.
(4) The department shall determine, based on subsection (2) of this
section, and if necessary the information provided under subsection (3)
of this section, the terms upon which the proposed sales are
consummated.
Sec. 320 RCW 79.01.095 and 1969 ex.s. c 131 s 1 are each amended
to read as follows:
Periodically at intervals to be determined by the board ((of
natural resources)), the ((commissioner of public lands)) department
shall cause an economic analysis to be made of those state lands held
in trust, where the nature of the trust makes maximization of the
economic return to the beneficiaries of income from state lands the
prime objective. The analysis shall be by specific tracts, or where
such tracts are of similar economic characteristics, by groupings of
such tracts.
The most recently made analysis shall be considered by the
department ((of natural resources)) in making decisions as to whether
to sell or lease state lands, standing timber or crops thereon, or
minerals therein, including but not limited to oil and gas and other
hydrocarbons, rocks, gravel, and sand.
The economic analysis shall include, but shall not be limited to
the following criteria: (1) Present and potential sale value; (2)
present and probable future returns on the investment of permanent
state funds; (3) probable future inflationary or deflationary trends;
(4) present and probable future income from leases or the sale of land
products; and (5) present and probable future tax income derivable
therefrom specifically including additional state, local, and other tax
revenues from potential private development of land currently used
primarily for grazing and other similar low priority use; such private
development would include, but not be limited to, development as
irrigated agricultural land.
Sec. 321 RCW 79.01.096 and 1982 c 54 s 1 are each amended to read
as follows:
(1) Not more than one hundred and sixty acres of any land granted
to the state by the United States shall be offered for sale in one
parcel and no university lands shall be offered for sale except by
legislative directive or with the consent of the board of regents of
the University of Washington.
(2) Any land granted to the state by the United States may be sold
((or leased)) for any lawful purpose in such minimum acreage as may be
fixed by the department ((of natural resources)).
((Except as otherwise provided in RCW 79.01.770, upon the
application of a school district or any institution of higher education
for the purchase or lease of lands granted to the state by the United
States, the department of natural resources may offer such land for
sale or lease to such school district or institution of higher
education in such acreage as it may determine, consideration being
given upon application of a school district to school site criteria
established by the state board of education: PROVIDED, That in the
event the department thereafter proposes to offer such land for sale or
lease at public auction such school district or institution of higher
education shall have a preference right for six months from notice of
such proposal to purchase or lease such land at the appraised value
determined by the board of natural resources.))
State lands shall not be leased for a longer period than ten years:
PROVIDED, That such lands may be leased for the purpose of prospecting
for, developing and producing oil, gas and other hydrocarbon substances
or for the mining of coal subject to the provisions of chapter 79.14
RCW and RCW 79.01.692. Such lands may be leased for agricultural
purposes for any period not to exceed twenty-five years except that
such leases which authorize tree fruit and grape production may be for
any period up to fifty-five years. Such lands may be leased for public
school, college or university purposes for any period not exceeding
seventy-five years. Such lands may be leased for commercial,
industrial, business, or recreational purposes for any period not
exceeding fifty-five years. Such lands may be leased for residential
purposes for any period not to exceed ninety-nine years. If during the
term of the lease of any state lands for agricultural, grazing,
commercial, residential, business, or recreational purposes, in the
opinion of the department it is in the best interest of the state so to
do, the department may, on the application of the lessee and in
agreement with the lessee, alter and amend the terms and conditions of
such lease. The sum total of the original lease term and any extension
thereof shall not exceed the limits provided herein.
NEW SECTION. Sec. 322 Except as otherwise provided in RCW
79.01.770 (as recodified by this act), upon the application of a school
district or any institution of higher education for the purchase or
lease of lands granted to the state by the United States, the
department may offer such land for sale or lease to such school
district or institution of higher education in such acreage as it may
determine, consideration being given upon application of a school
district to school site criteria established by the state board of
education. However, in the event the department thereafter proposes to
offer such land for sale or lease at public auction such school
district or institution of higher education shall have a preference
right for six months from notice of such proposal to purchase or lease
such land at the appraised value determined by the board.
NEW SECTION. Sec. 323 (1) State lands may be leased not to
exceed ten years with the following exceptions:
(a) The lands may be leased for agricultural purposes not to exceed
twenty-five years, except:
(i) Leases that authorize tree fruit or grape production may be for
up to fifty-five years;
(ii) Share crop leases may not exceed ten years;
(b) The lands may be leased for commercial, industrial, business,
or recreational purposes not to exceed fifty-five years;
(c) The lands may be leased for public school, college, or
university purposes not to exceed seventy-five years; and
(d) The lands may be leased for residential purposes not to exceed
ninety-nine years.
(2) No lessee of state lands may remain in possession of the land
after the termination or expiration of the lease without the written
consent of the department.
(a) The department may authorize a lease extension for a specific
period beyond the term of the lease for cropping improvements for the
purpose of crop rotation. These improvements shall be deemed
authorized improvements under section 367 of this act.
(b) Upon expiration of the lease term, the department may allow the
lessee to continue to hold the land for a period not exceeding one year
upon such rent, terms, and conditions as the department may prescribe,
if the leased land is not otherwise utilized.
(c) Upon expiration of the one-year lease extension, the department
may issue a temporary permit to the lessee upon terms and conditions it
prescribes if the department has not yet determined the disposition of
the land for other purposes.
(d) The temporary permit shall not extend beyond a five-year
period.
(3) If during the term of the lease of any state lands for
agricultural, grazing, commercial, residential, business, or
recreational purposes, in the opinion of the department it is in the
best interest of the state so to do, the department may, on the
application of the lessee and in agreement with the lessee, alter and
amend the terms and conditions of the lease. The sum total of the
original lease term and any extension thereof shall not exceed the
limits provided in this section.
Sec. 324 RCW 79.01.100 and 1967 ex.s. c 78 s 4 are each amended
to read as follows:
The department ((of natural resources)) shall cause all unplatted
state lands, within the limits of any incorporated city or town, or
within two miles of the boundary thereof, where the valuation of such
lands is found by appraisement to exceed one hundred dollars per acre,
to be platted into lots and blocks, of not more than five acres in a
block, before the same are offered for sale, and not more than one
block shall be offered for sale in one parcel. The department ((of
natural resources)) may designate or describe any such plat by name, or
numeral, or as an addition to such city or town, and, upon the filing
of any such plat, it shall be sufficient to describe the lands, or any
portion thereof, embraced in such plat, according to the designation
prescribed by the department ((of natural resources)). Such plats
shall be made in duplicate, and when properly authenticated by the
department ((of natural resources)), one copy thereof shall be filed in
the office of the department and one copy in the office of the county
auditor in which the lands are situated, and ((said)) the auditor shall
receive and file such plats without compensation or fees and make
record thereof in the same manner as required by law for the filing and
recording of other plats in ((his)) the auditor's office.
In selling lands subject to the provisions of Article 16, section
4, of the state Constitution, the department ((of natural resources))
will be permitted to sell the land within the required land subdivision
without being required to complete the construction of streets,
utilities, and such similar things as may be required by any local
government entity in the instance of the platting of private or other
property within their area of jurisdiction((: PROVIDED, That)).
However, no construction will be permitted on lands so sold until the
purchaser or purchasers collectively comply with all of the normal
requirements for platting.
Sec. 325 RCW 79.01.104 and 1959 c 257 s 7 are each amended to
read as follows:
When, in the judgment of the ((commissioner of public lands))
department the best interest of the state will be thereby promoted, the
((commissioner)) department may vacate any plat or plats covering state
lands, and vacate any street, alley, or other public place therein
situated((: PROVIDED, That)). The vacation of any such plat shall not
affect the vested rights of any person or persons theretofore acquired
therein. In the exercise of ((the foregoing power and)) this authority
to vacate the ((commissioner)) department shall enter an order in the
records of ((his)) its office and at once forward a certified copy
thereof to the county auditor of the county wherein ((said)) the
platted lands are located ((and said)). The auditor shall cause the
same to be recorded in the miscellaneous records of ((his)) the
auditor's office and noted on the plat by reference to the volume and
page of the record.
Sec. 326 RCW 79.01.108 and 1959 c 257 s 8 are each amended to
read as follows:
Whenever all the owners and other persons having a vested interest
in the lands abutting on any street, alley, or other public place, or
any portion thereof, in any plat of state lands, lying outside the
limits of any incorporated city or town, ((shall)) petition the
((commissioner of public lands therefor)) department, the
((commissioner)) department may vacate any such tract, alley, or public
place or part thereof and in such case all such streets, alleys, or
other public places or portions thereof so vacated shall be platted,
appraised, and sold or leased in the manner provided for the platting,
appraisal, and sale or lease of similar lands((: PROVIDED, That)).
However, where the area vacated can be determined from the plat already
filed it shall not be necessary to survey such area before platting the
same. The owner or owners, or other persons having a vested interest
in the lands abutting on any of the lots, blocks, or other parcels
platted upon the lands embraced within any area vacated as
((hereinabove)) provided in this section, shall have a preference right
for the period of sixty days from the date of filing with the
department such plat and the appraisal of such lots, blocks, or other
parcels of land ((in the office of the commissioner of public lands)),
to purchase the same at the appraised value thereof.
Sec. 327 RCW 79.01.112 and 1959 c 257 s 9 are each amended to
read as follows:
Whenever application is made to purchase less than a section of
unplatted state lands, the ((commissioner of public lands)) department
may order the inspection of the entire section or sections of which the
lands applied for form a part.
Sec. 328 RCW 79.01.116 and 2001 c 250 s 2 are each amended to
read as follows:
(((1))) In no case shall any lands granted to the state be offered
for sale under this chapter unless the same shall have been appraised
by the board ((of natural resources)) within ninety days prior to the
date fixed for the sale.
(((2) For the sale of valuable materials from state land under this
title, if the board of natural resources is required by law to appraise
the sale, the board must establish a minimum appraisal value that is
valid for a period of one hundred eighty days, or a longer period as
may be established by resolution. The board may reestablish the
minimum appraisal value at any time. For any valuable materials sales
that the board is required by law to appraise, the board may by
resolution transfer this authority to the commissioner of public lands.))
(3) Where the board of natural resources has set a minimum
appraisal value for a valuable materials sale, the commissioner of
public lands may set the final appraisal value of valuable materials
for auction, which must be equal to or greater than the board of
natural resources' minimum appraisal value. The commissioner may also
appraise any valuable materials sale not required by law to be approved
by the board of natural resources.
NEW SECTION. Sec. 329 (1) For the sale of valuable materials
under this chapter, if the board is required by law to appraise the
sale, the board must establish a minimum appraisal value that is valid
for a period of one hundred eighty days, or a longer period as may be
established by resolution. The board may reestablish the minimum
appraisal value at any time. For any valuable materials sales that the
board is required by law to appraise, the board may by resolution
transfer this authority to the department.
(2) Where the board has set a minimum appraisal value for a
valuable materials sale, the department may set the final appraisal
value of valuable materials for auction, which must be equal to or
greater than the board's minimum appraisal value. The department may
also appraise any valuable materials sale not required by law to be
approved by the board.
Sec. 330 RCW 79.01.120 and 1982 1st ex.s. c 21 s 153 are each
amended to read as follows:
The ((commissioner of public lands)) department may cause any state
lands to be surveyed for the purpose of ascertaining and determining
the area subject to sale ((or lease)).
Sec. 331 RCW 79.01.124 and 2001 c 250 s 3 are each amended to
read as follows:
(1) Valuable ((material[s])) materials situated upon state lands
and state forest lands may be sold separate from the land, when in the
judgment of the ((commissioner of public lands)) department, it is for
the best interest of the state so to sell the same.
(2) Sales of valuable materials from any university lands require:
(a) The consent of the board of regents of the University of
Washington; or
(b) Legislative directive.
(3) When application is made for the purchase of any valuable
materials, the ((commissioner of public lands)) department shall
appraise the value of the valuable materials if the ((commissioner))
department determines it is in the best interest of the state to sell.
No valuable materials shall be sold for less than the appraised value
thereof.
Sec. 332 RCW 79.01.128 and 1999 c 257 s 1 are each amended to
read as follows:
(1) In the management of public lands lying within the limits of
any watershed over and through which is derived the water supply of any
city or town, the department may alter its land management practices to
provide water with qualities exceeding standards established for
intrastate and interstate waters by the department of ecology((:
PROVIDED, That)). However, if such alterations of management by the
department reduce revenues from, increase costs of management of, or
reduce the market value of public lands the city or town requesting
such alterations shall fully compensate the department.
(2) The department shall initiate a pilot project for the municipal
watershed delineated by the Lake Whatcom hydrographic boundaries to
determine what factors need to be considered to achieve water quality
standards beyond those required under chapter 90.48 RCW and what
additional management actions can be taken on state trust lands that
can contribute to such higher water quality standards. The department
shall establish an advisory committee consisting of a representative
each of the city of Bellingham, Whatcom county, the Whatcom county
water district 10, the department of ecology, the department of fish
and wildlife, and the department of health, and three general citizen
members to assist in this pilot project. In the event of differences
of opinion among the members of the advisory committee, the committee
shall attempt to resolve these differences through various means,
including the retention of facilitation or mediation services.
(3) The pilot project in subsection (2) of this section shall be
completed by June 30, 2000. The department shall defer all timber
sales in the Lake Whatcom hydrographic boundaries until the pilot
project is complete.
(4) Upon completion of the study, the department shall provide a
report to the natural resources committee of the house of
representatives and to the natural resources, parks, and recreation
committee of the senate summarizing the results of the study.
(5) The exclusive manner, notwithstanding any provisions of the law
to the contrary, for any city or town to acquire by condemnation
ownership or rights in public lands for watershed purposes within the
limits of any watershed over or through which is derived the water
supply of any city or town shall be to petition the legislature for
such authority. Nothing in ((this section,)) RCW 79.44.003 and this
chapter ((79.68 RCW)) shall be construed to affect any existing rights
held by third parties in the lands applied for.
NEW SECTION. Sec. 333 The board must establish procedures to
protect against cedar theft and to ensure adequate notice is given for
persons interested in purchasing cedar.
NEW SECTION. Sec. 334 (1) Valuable materials may be sold
separately from the land as a "lump sum sale" or as a "scale sale."
(a) "Lump sum sale" means any sale offered with a single total
price applying to all the material conveyed.
(b) "Scale sale" means any sale offered with per unit prices to be
applied to the material conveyed.
(2) Payment for lump sum sales must be made as follows:
(a) Lump sum sales under five thousand dollars appraised value
require full payment on the day of sale.
(b) Lump sum sales appraised at over five thousand dollars but
under one hundred thousand dollars may require full payment on the day
of sale.
(c) Lump sum sales requiring full payment on the day of sale may be
paid in cash or by certified check, cashier's check, bank draft, or
money order, all payable to the department.
(3) Except for sales paid in full on the day of sale or sales with
adequate bid bonds, an initial deposit not to exceed twenty-five
percent of the actual or projected purchase price shall be made on the
day of sale.
(a) Sales with bid bonds are subject to the day of sale payment and
replacement requirements prescribed by section 355 of this act.
(b) The initial deposit must be maintained until all contract
obligations of the purchaser are satisfied. However, all or a portion
of the initial deposit may be applied as the final payment for the
valuable materials in the event the department determines that adequate
security exists for the performance or fulfillment of any remaining
obligations of the purchaser under the sale contract.
(4) Advance payments or other adequate security acceptable to the
department is required for valuable materials sold on a scale sale
basis or a lump sum sale not requiring full payment on the day of sale.
(a) The purchaser must notify the department before any operation
takes place on the sale site.
(b) Upon notification as provided in (a) of this subsection, the
department must require advanced payment or may allow purchasers to
submit adequate security.
(c) The amount of advanced payments or security must be determined
by the department and must at all times equal or exceed the value of
timber cut and other valuable materials processed or removed until paid
for.
(d) Security may be bank letters of credit, payment bonds,
assignments of savings accounts, assignments of certificates of
deposit, or other methods acceptable to the department as adequate
security.
(5) All valuable material must be removed from the sale area within
the period specified in the contract.
(a) The specified period may not exceed five years from date of
purchase except for stone, sand, gravel, fill material, or building
stone.
(b) The specified period for stone, sand, gravel, fill material, or
building stone may not exceed thirty years.
(c) In all cases, any valuable material not removed from the land
within the period specified in the contract reverts to the state.
(6) The department may extend a contract beyond the normal
termination date specified in the sale contract as the time for removal
of valuable materials when, in the department's judgment, the purchaser
is acting in good faith and endeavoring to remove the materials. The
extension is contingent upon payment of the fees specified below.
(a) The extended time for removal shall not exceed:
(i) Forty years from date of purchase for stone, sand, gravel, fill
material, or building stone;
(ii) A total of ten years beyond the original termination date for
all other valuable materials.
(b) An extension fee fixed by the department will be charged based
on the estimated loss of income per acre to the state resulting from
the granting of the extension plus interest on the unpaid portion of
the contract. The board must periodically fix and adopt by rule the
interest rate, which shall not be less than six percent per annum.
(c) The sale contract shall specify:
(i) The applicable rate of interest as fixed at the day of sale and
the maximum extension payment; and
(ii) The method for calculating the unpaid portion of the contract
upon which interest is paid.
(d) The minimum extension fee is fifty dollars per extension plus
interest on the unpaid portion of the contract.
(e) Moneys received for any extension must be credited to the same
fund in the state treasury as was credited the original purchase price
of the valuable material sold.
(7) The department may, in addition to any other securities,
require a performance security to guarantee compliance with all
contract requirements. The security is limited to those types listed
in subsection (4) of this section. The value of the performance
security will, at all times, equal or exceed the value of work
performed or to be performed by the purchaser.
(8) Any time that the department sells timber by contract that
includes a performance bond, the department must require the purchaser
to present proof of any and all property taxes paid prior to the
release of the performance bond. Within thirty days of payment of
taxes due by the timber purchaser, the county treasurer must provide
certified evidence of property taxes paid, clearly disclosing the sale
contract number.
(9) The provisions of this section apply unless otherwise provided
by statute.
Sec. 335 RCW 79.01.134 and 1985 c 197 s 1 are each amended to
read as follows:
(1) The department ((of natural resources)), upon application by
any person, ((firm or corporation,)) may enter into a contract
providing for the sale and removal of rock, gravel, sand, and silt
located upon state lands or state forest lands, and providing for
payment to be made ((therefor)) on a royalty basis.
(2) The issuance of a contract shall be made after public auction
and ((such contract)) shall not be issued for less than the appraised
value of the material.
(3) Each application made pursuant to this section shall:
(a) Set forth the estimated quantity and kind of materials desired
to be removed; and ((shall))
(b) Be accompanied by a map or plat showing the area from which the
applicant wishes to remove such materials.
(4) The department ((of natural resources)) may in its discretion
include in any contract ((entered into pursuant to this section,)) such
terms and conditions ((protecting)) required to protect the interests
of the state ((as it may require)). ((In each such))
(5) Every contract ((the department of natural resources)) shall
provide for a right of forfeiture by the state, upon a failure to
operate under the contract or pay royalties for periods therein
stipulated((, and he)). The right of forfeiture is exercised by entry
of a declaration of forfeiture in the records of the department.
(6) The department may require a bond with a surety company
authorized to transact a surety business in this state, as surety, to
secure the performance of the terms and conditions of such contract
including the payment of royalties. ((The right of forfeiture shall be
exercised by entry of a declaration of forfeiture in the records of the
department of natural resources.))
(7) The amount of rock, gravel, sand, or silt taken under the
contract shall be reported monthly by the purchaser to the department
((of natural resources)) and payment therefor made on the basis of the
royalty provided in the contract.
(8) The department ((of natural resources)) may inspect and audit
books, contracts, and accounts of each person removing rock, gravel,
sand, or silt pursuant to any such contract and make such other
investigation and secure or receive any other evidence necessary to
determine whether or not the state is being paid the full amount
payable to it for the removal of such materials.
Sec. 336 RCW 79.01.136 and 1979 ex.s. c 109 s 5 are each amended
to read as follows:
Before any state lands are offered for sale, ((or lease, or are
assigned,)) the department ((of natural resources)) may establish the
fair market value of those authorized improvements not owned by the
state. ((In the event that agreement cannot be reached between the
state and the lessee on the fair market value, such valuation shall be
submitted to a review board of appraisers. The board shall be as
follows: One member to be selected by the lessee and his expense shall
be borne by the lessee; one member selected by the state and his
expense shall be borne by the state; these members so selected shall
mutually select a third member and his expenses shall be shared equally
by the lessee and the state. The majority decision of this appraisal
review board shall be binding on both parties. For this purpose "fair
market value" is defined as: The highest price in terms of money which
a property will bring in a competitive and open market under all
conditions of a fair sale, the buyer and seller, each prudently
knowledgeable and assuming the price is not affected by undue stimulus.
All damages and wastes committed upon such lands and other obligations
due from the lessee shall be deducted from the appraised value of the
improvements: PROVIDED, That the department of natural resources on
behalf of the respective trust may purchase at fair market value those
improvements if it appears to be in the best interest of the state from
the RMCA of the general fund.))
NEW SECTION. Sec. 337 Before any state lands are offered for
lease, or are assigned, the department may establish the fair market
value of those authorized improvements not owned by the state. In the
event that agreement cannot be reached between the state and the lessee
on the fair market value, such valuation shall be submitted to a review
board of appraisers. The board is comprised of the following members:
One member to be selected by the lessee and that person's expenses
shall be borne by the lessee; one member selected by the state and that
person's expenses shall be borne by the state; these members so
selected shall mutually select a third member and that person's
expenses shall be shared equally by the lessee and the state. The
majority decision of this appraisal review board shall be binding on
both parties. For this purpose, "fair market value" is defined as:
The highest price in terms of money that a property will bring in a
competitive and open market under all conditions of a fair sale, the
buyer and seller, each prudently knowledgeable and assuming the price
is not affected by undue stimulus. All damages and wastes committed
upon such lands and other obligations due from the lessee shall be
deducted from the appraised value of the improvements. However, the
department on behalf of the respective trust may purchase at fair
market value those improvements if it appears to be in the best
interest of the state from the resource management cost account created
in RCW 79.64.020 (as recodified by this act).
Sec. 338 RCW 79.01.148 and 1979 ex.s. c 109 s 7 are each amended
to read as follows:
((If the)) A purchaser of state lands ((be)) who is not the owner
of the authorized improvements thereon((, he)) shall deposit with the
auctioneer making the sale, at the time of the sale, the appraised
value of such improvements((, and)). The ((commissioner)) department
shall pay to the owner of ((said)) the improvements the sum ((so))
deposited((: PROVIDED, That)). However, when the improvements are
owned by the state in accordance with the provisions of this chapter or
have been acquired by the state by escheat or operation of law, the
purchaser may((, in case of sale,)) pay for such improvements in equal
annual installments at the same time, and with the same rate of
interest ((on deferred payments)), as the installments of the purchase
price of the land are paid, and under such rules ((and regulations))
regarding use and care of ((said)) the improvements as may be fixed by
the ((commissioner of public lands)) department.
Sec. 339 RCW 79.01.160 and 2001 c 250 s 5 are each amended to
read as follows:
All sales of valuable materials upon state lands and state forest
lands shall be made subject to the right, power, and authority of the
((commissioner of public lands)) department to prescribe rules or
procedures governing the manner of the sale and removal of the valuable
materials. Such procedures shall be binding when contained within a
purchaser's contract for valuable materials and apply to the
purchaser's successors in interest and shall be enforced by the
((commissioner of public lands)) department.
Sec. 340 RCW 79.01.164 and 1959 c 257 s 16 are each amended to
read as follows:
When the merchantable timber has been sold and actually removed
from any state lands, the ((commissioner of public lands)) department
may classify the land, and may reserve from any future sale such
portions thereof as may be found suitable for reforestation, and in
such case, ((the commissioner)) shall enter such reservation in ((the))
its records ((in his office, and)). All ((such)) lands ((so)) reserved
shall not ((thereafter)) be subject to sale or lease. The commissioner
((of public lands)) shall certify all such reservations for
reforestation so made, to the board ((of natural resources, and)). It
shall be the duty of the department ((of natural resources,)) to
protect such lands, and the remaining timber thereon, from fire and to
reforest the same.
Sec. 341 RCW 79.01.168 and 1961 c 73 s 2 are each amended to read
as follows:
The ((commissioner of public lands)) department may cause valuable
materials on state lands and state forest lands to be inspected and
appraised and offered for sale when authorized by the board ((of
natural resources)) without an application having been filed, or
deposit made, for the purchase of the same.
Sec. 342 RCW 79.01.172 and 1927 c 255 s 43 are each amended to
read as follows:
Whenever the state of Washington shall become the owner of any
growing crop, or crop grown upon, any state lands, by reason of the
forfeiture, cancellation, or termination of any contract or lease of
state lands, or from any other cause, the ((commissioner of public
lands)) department is authorized to arrange for the harvesting, sale,
or other disposition of such crop in such manner as ((he)) the
department deems for the best interest of the state, and shall pay the
proceeds of any such sale into the state treasury to be credited to the
same fund as the rental of the lands upon which the crop was grown
would be credited.
Sec. 343 RCW 79.01.176 and 1982 1st ex.s. c 21 s 155 are each
amended to read as follows:
(1) Any county, city, or town ((desiring)) may file with the
department an application to purchase any stone, rock, gravel, or sand
upon any state lands or state forest lands to be used in the
construction, maintenance, or repair of any public street, road, or
highway within such county, city, or town((, may file with the
commissioner of public lands an application for the purchase thereof,
which)).
(2) Applications shall set forth the quantity and kind of material
desired to be purchased, the location thereof, and the name, or other
designation, and location of the street, road, or highway upon which
the material is to be used.
(3) The ((commissioner of public lands upon the receipt of such an
application)) department is authorized to appraise and sell ((said))
the material in such a manner and upon such terms as ((he)) the
department deems advisable ((and for the best interest of the state))
for not less than the fair market value thereof ((to be appraised by
the commissioner of public lands)).
(4) The proceeds of any such sale shall be paid into the state
treasury and credited to the fund to which the proceeds of the sale of
the land upon which the material is situated would belong.
Sec. 344 RCW 79.01.184 and 2001 c 250 s 6 are each amended to
read as follows:
When the department ((of natural resources shall have decided))
decides to sell any state lands ((or valuable materials thereon)), or
with the consent of the board of regents of the University of
Washington, or by legislative directive, ((shall have decided)) decides
to sell any lot, block, tract, or tracts of university lands, ((or the
valuable materials thereon,)) it ((shall be)) is the duty of the
department to fix the date, place, and time of sale((, and no sale
shall be had on any day which is a legal holiday)).
((The department shall give notice of the sale by advertisement
published not less than two times during a four week period prior to
the time of sale in at least one newspaper of general circulation in
the county in which the whole, or any part of any lot, block, or tract
of land to be sold, or the material upon which is to be sold is
situated, and by posting a copy of the notice in a conspicuous place in
the department's Olympia office, the region headquarters administering
such sale, and in the office of the county auditor of such county. The
notice shall specify the place, date, and time of sale, the appraised
value thereof, and describe with particularity each parcel of land to
be sold, or from which valuable materials are to be sold. In the case
of valuable materials sales, the estimated volume will be identified
and the terms of sale will be available in the region headquarters and
the department's Olympia office.))
The advertisement is for informational purposes only, and under no
circumstances does the information in the notice of sale constitute a
warranty that the purchaser will receive the stated values, volumes, or
acreage. All purchasers are expected to make their own measurements,
evaluations, and appraisals.
A direct sale of valuable materials may be sold to the applicant
for cash at full appraised value without notice or advertising. The
board of natural resources shall, by resolution, establish the value
amount of a direct sale not to exceed twenty thousand dollars in
appraised sale value, and establish procedures to ensure that
competitive market prices and accountability will be guaranteed.
(1) No sale may be conducted on any day that is a legal holiday.
(2) Sales must be held between the hours of 10:00 a.m. and 4:00
p.m. If all sales cannot be offered within this time period, the sale
must continue on the following day between the hours of 10:00 a.m. and
4:00 p.m.
(3) Sales must take place:
(a) At the department's regional office administering the
respective sale; or
(b) On county property designated by the board of county
commissioners or county legislative authority of the county in which
the whole or majority of state lands are situated.
NEW SECTION. Sec. 345 The advertisement of sales is for
informational purposes only, and under no circumstances does the
information in the notice of sale constitute a warranty that the
purchaser will receive the stated values, volumes, or acreage. All
purchasers are expected to make their own measurements, evaluations,
and appraisals.
Sec. 346 RCW 79.01.188 and 2001 c 250 s 7 are each amended to
read as follows:
(1) The department shall give notice of the sale by advertisement
published not less than two times during a four-week period prior to
the time of sale in at least one newspaper of general circulation in
the county in which the whole, or any part of any lot, block, or tract
of land to be sold is situated, and by posting a copy of the notice in
a conspicuous place in the department's Olympia office, the region
headquarters administering such sale, and in the office of the county
auditor of such county. The notice shall specify the place, date, and
time of sale, the appraised value of the land, describe with
particularity each parcel of land to be sold, and specify that the
terms of sale will be available in the region headquarters and the
department's Olympia office.
(2) The advertisement is for informational purposes only, and under
no circumstances does the information in the notice of sale constitute
a warranty that the purchaser will receive the stated values, volumes,
or acreage. All purchasers are expected to make their own
measurements, evaluations, and appraisals.
(3) The ((commissioner of public lands)) department shall ((cause
to be printed)) print a list of all public lands((, or valuable
materials thereon,)) and the appraised value thereof, that are to be
sold. This list should be published in a pamphlet form to be issued at
least four weeks prior to the date of any sale of the lands ((or
valuable materials thereon)). The list should be organized by county
and by alphabetical order, and provide sale information to prospective
buyers. The ((commissioner of public lands)) department shall retain
for free distribution in ((his or her)) the Olympia office and the
region offices sufficient copies of the pamphlet, to be kept in a
conspicuous place, and, when requested so to do, shall mail copies of
the pamphlet as issued to any requesting applicant. The ((commissioner
of public lands)) department may seek additional means of publishing
the information in the pamphlet, such as on the internet, to increase
the number of prospective buyers.
NEW SECTION. Sec. 347 (1) Sales, other than direct sales,
appraised at an amount not exceeding one hundred thousand dollars, when
authorized by the board for sale, shall be advertised by publishing not
less than ten days prior to sale a notice of such sale in a newspaper
of general circulation located nearest to the property from which the
valuable material is to be sold.
(2) All other proposed sales of valuable materials must be
advertised through individual notice of sale and publication of a
statewide list of sales.
(a) The notice of sale:
(i) Must specify the place, date, and time of sale, the appraised
value thereof, and describe with particularity each parcel of land from
which valuable materials are to be sold. The estimated volume will be
identified and the terms of sale will be available in the region
headquarters and the department's Olympia office;
(ii) May prescribe that the bid deposit required in section 355 of
this act be considered an opening bid;
(iii) Must be published not less than two times during a four-week
period prior to the time of sale in at least one newspaper of general
circulation where the material is located; and
(iv) Must be posted in a conspicuous place in the department's
Olympia office and in the region headquarters administering the sale,
and in the office of the county auditor of the county where the
material is located.
(b) The department shall print a list of all valuable material on
public lands that are to be sold. The list should be organized by
county and by alphabetical order.
(i) The list should be published in a pamphlet form, issued at
least four weeks prior to the date of any sale and provide sale
information to prospective buyers.
(ii) The department must retain for free distribution in the
Olympia office and the region offices sufficient copies of the
pamphlet, to be kept in a conspicuous place, and, when requested to do
so, must mail copies of the pamphlet as issued to any requesting
applicant.
(iii) The department may seek additional means of publishing the
information in the pamphlet, such as on the internet, to increase the
number of prospective buyers.
(3) The department is authorized to expend any sum in additional
advertising of the sales as it deems necessary.
Sec. 348 RCW 79.01.192 and 1927 c 255 s 48 are each amended to
read as follows:
The ((commissioner of public lands)) department is authorized to
expend any sum in additional advertising of such sale as ((he shall))
it determines to be for the best interest of the state.
Sec. 349 RCW 79.01.196 and 1965 ex.s. c 23 s 3 are each amended
to read as follows:
((When sales are made by the county auditor, they shall take place
at such place on county property as the board of county commissioners
may direct in the county in which the whole, or the greater part, of
each lot, block or tract of land, or the material thereon, to be sold,
is situated. All other sales shall be held at the departmental
district offices having jurisdiction over the respective sales. Sales
shall be conducted between the hours of ten o'clock in the forenoon and
four o'clock in the afternoon.))
Any sale which has been offered, and for which there are no bids
received shall not be reoffered until it has been readvertised as
specified in RCW 79.01.188 and 79.01.192 (as recodified by this act).
If all sales cannot be offered within the specified time on the
advertised date, the sale shall continue on the following day between
((the hours of ten o'clock in the forenoon and four o'clock in the
afternoon)) 10:00 a.m. and 4:00 p.m.
NEW SECTION. Sec. 350 It is the duty of the department to fix
the date, time, and place of sale.
(1) All valuable materials shall have been appraised prior to the
date fixed for sale as prescribed in section 329 of this act.
(2) No sale may be conducted on any day that is a legal holiday.
(3) Sales must be held between the hours of 10:00 a.m. and 4:00
p.m. If all sales cannot be offered within this time period, the sale
must continue on the following day between the hours of 10:00 a.m. and
4:00 p.m.
(4) Sales must take place:
(a) At the department's regional office having jurisdiction over
the respective sale; or
(b) On county property designated by the board of county
commissioners or county legislative authority of the county in which
the whole or majority of valuable materials are situated.
NEW SECTION. Sec. 351 A sale of valuable materials that has been
offered, and for which there are no bids received, shall not be
reoffered until it has been readvertised as prescribed in RCW 79.01.188
(as recodified by this act).
Sec. 352 RCW 79.01.200 and 1989 c 148 s 3 are each amended to
read as follows:
Except as provided in section 399 of this act, all sales of land
under this chapter shall be at public auction, ((and all sales of
valuable materials shall be at public auction or by sealed bid)) to the
highest bidder, on the terms prescribed by law and as specified in the
notice provided under RCW 79.01.184 (as recodified by this act), and no
land ((or materials)) shall be sold for less than its appraised
value((: PROVIDED, That on public lands granted to the state for
educational purposes sealed bids may be accepted for sales of timber or
stone only: PROVIDED FURTHER, That when valuable material has been
appraised at an amount not exceeding one hundred thousand dollars, the
department of natural resources, when authorized by the board of
natural resources, may arrange for the sale at public auction of said
valuable material and for its removal under such terms and conditions
as the department may prescribe, after the department shall have caused
to be published not less than ten days prior to sale a notice of such
sale in a newspaper of general circulation located nearest to property
to be sold. This section does not apply to direct sales authorized in
RCW 79.01.184)).
NEW SECTION. Sec. 353 (1) All sales of valuable materials
exceeding twenty thousand dollars in appraised value must be at public
auction or by sealed bid to the highest bidder, provided that on public
lands granted to the state for educational purposes sealed bids may be
accepted for sales of timber or stone only.
(2) A direct sale of valuable materials may be sold to the
applicant for cash at full appraised value without notice or
advertising. The board must, by resolution, establish the value amount
of a direct sale not to exceed twenty thousand dollars in appraised
sale value, and establish procedures to ensure that competitive market
prices and accountability are guaranteed.
Sec. 354 RCW 79.01.204 and 2001 c 250 s 8 are each amended to
read as follows:
Sales by public auction under this chapter shall be conducted under
the direction of the department ((of natural resources)) or its
authorized representative. The department or department's
representative are hereinafter referred to as auctioneers. On or
before the time specified in the notice of sale each bidder shall
deposit with the auctioneer, in cash or by certified check, cashier's
check, money order payable to the order of the department of natural
resources, or by bid guarantee in the form of bid bond acceptable to
the department, an amount equal to the deposit specified in the notice
of sale. The deposit shall include a specified amount of the appraised
price for the land ((or valuable materials)) offered for sale, together
with any fee required by law for the issuance of contracts, deeds, or
bills of sale. ((Said)) The deposit may, when prescribed in notice of
sale, be considered an opening bid of an amount not less than the
minimum appraised price established in the notice of sale. The
successful bidder's deposit will be retained by the auctioneer and the
difference, if any, between the deposit and the total amount due shall
on the day of the sale be paid in cash, certified check, cashier's
check, bank draft, or money order, made payable to the department. If
a bid bond is used, the share of the total deposit due guaranteed by
the bid bond shall, within ten days of the day of sale, be paid in
cash, certified check, cashier's check, money order, or other
acceptable payment method payable to the department. Other deposits,
if any, shall be returned to the respective bidders at the conclusion
of each sale. The auctioneer shall deliver to the purchaser a
memorandum of his or her purchase containing a description of the land
or materials purchased, the price bid, and the terms of the sale. The
auctioneer shall at once send to the department the cash, certified
check, cashier's check, bank draft, money order, bid guarantee, or
other acceptable payment method received from the purchaser, and a copy
of the memorandum delivered to the purchaser, together with such
additional report of ((his or her)) the proceedings with reference to
such sales as may be required by the department.
NEW SECTION. Sec. 355 (1) Sales of valuable materials must be
conducted under the direction of the department or its authorized
representative.
(a) Sales of valuable materials, unless otherwise provided in this
chapter, shall be at public auction or by sealed bid to the highest
bidder, except that, on public lands granted to the state for
educational purposes, sealed bids may be accepted for sales of timber
or stone only.
(b) The person conducting the sale is called the auctioneer.
(2) On or before the time specified in the notice of sale each
bidder shall deposit with the auctioneer a bid deposit equal to the
amount specified in the notice of sale plus any fees required by law
for the issuance of contracts or bill of sale.
(a) The bid deposit must meet the requirements of section 334(3) of
this act.
(b) The deposit may be in cash, or by certified check, cashier's
check, or money order, all payable to the department or by bid
guarantee in the form of a bid bond acceptable to the department.
(3) The bid deposit, if prescribed in the notice of sale as
authorized in section 334 of this act, may be considered an opening bid
of an amount not less than the minimum appraised price established in
the notice of sale.
(4) The successful bidder's deposit will be retained by the
auctioneer.
(a) Any difference between the bid deposit and the total amount due
including any fees required by law shall be paid on the day of sale.
Payments may be by cash, certified check, cashier's check, bank draft,
or money order payable to the department.
(b) Any amount of the deposit guaranteed by a bid bond must be paid
to the department within ten days of the sale day in cash, certified
check, cashier's check, money order, or other acceptable payment
method.
(c) Other deposits must be returned to the respective bidders at
the conclusion of each sale.
(5) The auctioneer must deliver to the purchaser a memorandum of
his or her purchase containing a description of the materials
purchased, the price bid, and the terms of the sale.
(6) The auctioneer must at once send to the department all payments
or bid guarantees received from the purchaser and a copy of the
memorandum delivered to the purchaser, together with additional reports
of the proceedings as required by the department.
Sec. 356 RCW 79.01.208 and 1927 c 255 s 52 are each amended to
read as follows:
If any land ((so)) offered for sale ((be)) is not sold ((the
same)), it may again be advertised for sale, as provided in this
chapter, whenever in the opinion of the commissioner ((of public
lands)) it shall be expedient ((so)) to do((, and such land shall be
again advertised and offered for sale as herein provided,)) so.
Whenever any person ((shall apply)) applies to the ((commissioner))
department in writing to have such land offered for sale ((and shall)),
agrees to pay((,)) at least the appraised value thereof and ((shall))
deposits with the ((commissioner)) department at the time of making
such application a sufficient sum of money to pay the cost of
advertising such sale, the land shall again be advertised and offered
for sale as provided in this chapter.
Sec. 357 RCW 79.01.212 and 1982 1st ex.s. c 21 s 158 are each
amended to read as follows:
((If no affidavit showing that the interest of the state in such
sale was injuriously affected by fraud or collusion, shall be filed
with)) The department ((of natural resources within ten days from the
receipt of the report of the auctioneer conducting the sale of any
state lands, or valuable material thereon, and it shall appear from
such report that the sale was fairly conducted, that the purchaser was
the highest bidder at such sale, and that his bid was not less than the
appraised value of the property sold, and if the department shall be
satisfied that the lands, or material, sold would not, upon being
readvertised and offered for sale, sell for at least ten percent more
than the price at which it shall have been sold, and that the payment,
required by law to be made at the time of making the sale, has been
made, and that the best interests of the state may be subserved
thereby, the department shall enter upon its records a confirmation of
sale and thereupon issue to the purchaser a contract of sale, deed or
bill of sale, as the case may be, as in this chapter provided)) shall
enter upon its records a confirmation of sale and issue to the
purchaser a contract of sale if the following conditions have been met:
(1) No fewer than ten days have passed since the auctioneer's
report has been filed;
(2) No affidavit is filed with the department showing that the
interests of the state in the sale was injuriously affected by fraud or
collusion;
(3) It appears from the auctioneer's report that:
(a) The sale was fairly conducted; and
(b) The purchaser was the highest bidder and the bid was not less
than the appraised value of the land sold;
(4) The department is satisfied that the land sold would not, upon
being readvertised and offered for sale, sell for at least ten percent
more than the price bid by the purchaser;
(5) The payment required by law to be made at the time of making
the sale has been made;
(6) The department determines the best interests of the state will
be served by confirming the sale.
NEW SECTION. Sec. 358 The department shall enter upon its
records a confirmation of sale and issue to the purchaser a bill of
sale for valuable materials if the following conditions have been met:
(1) No fewer than ten days have passed since the auctioneer's
report has been filed;
(2) No affidavit is filed with the department showing that the
interests of the state in the sale were injuriously affected by fraud
or collusion;
(3) It appears from the auctioneer's report that:
(a) The sale was fairly conducted; and
(b) The purchaser was the highest bidder and the bid was not less
than the appraised value of the material sold;
(4) The department is satisfied that the valuable material sold
would not, upon being readvertised and offered for sale, sell for at
least ten percent more than the price submitted by the apparent high
bidder;
(5) The payment required by law to be made at the time of making
the sale has been made; and
(6) The department determines the best interests of the state will
be served by confirming the sale.
Sec. 359 RCW 79.01.216 and 1984 c 222 s 11 are each amended to
read as follows:
All state lands shall be sold on terms and conditions established
by the board ((of natural resources)) in light of market conditions.
Sales by real estate contract or for cash may be authorized. All
deferred payments shall draw interest at such rate as may be fixed,
from time to time, by rule adopted by the board ((of natural
resources)), and the rate of interest, as so fixed at the date of each
sale, shall be stated in all advertising for and notice of sale and in
the contract of sale. All remittances for payment of either principal
or interest shall be forwarded to the department ((of natural
resources)).
Sec. 360 RCW 79.01.220 and 1982 1st ex.s. c 21 s 160 are each
amended to read as follows:
When the entire purchase price of any state lands shall have been
fully paid, the commissioner ((of public lands)) shall certify such
fact to the governor, and shall cause a quitclaim deed signed by the
governor and attested by the secretary of state, with the seal of the
state attached thereto, to be issued to the purchaser and to be
recorded in the department's Olympia office ((of the commissioner of
public lands, and)). No fee ((shall be)) is required for any deed of
land issued by the governor other than the fee provided for in this
((chapter)) title.
Sec. 361 RCW 79.01.228 and 1985 c 237 s 18 are each amended to
read as follows:
The purchaser of state lands under the provisions of this chapter,
except in cases where the full purchase price is paid at the time of
the purchase, shall enter into and sign a contract with the state, to
be signed by the commissioner ((of public lands)) on behalf of the
state, with the seal of ((his)) the commissioner's office attached, and
in a form to be prescribed by the attorney general, in which ((he)) the
purchaser shall covenant ((that he will)) to make the payments of
principal and interest, computed from the date the contract is issued,
when due, and that ((he)) the purchaser will pay all taxes and
assessments that may be levied or assessed on such land, and that on
failure to make the payments as prescribed in this chapter when due all
rights of the purchaser under said contract may, at the election of the
commissioner ((of public lands)), acting for the state, be forfeited,
and that when forfeited the state shall be released from all obligation
to convey the land. The purchaser's rights under the real estate
contract shall not be forfeited except as provided in chapter 61.30
RCW.
The contract provided for in this section shall be executed in
duplicate, and one copy shall be retained by the purchaser and the
other shall be filed in the department's Olympia office ((of the
commissioner of public lands)).
The commissioner ((of public lands)) may, as ((he deems)) deemed
advisable, extend the time for payment of principal and interest on
contracts heretofore issued, and contracts to be issued under this
chapter.
The ((commissioner of public lands)) department shall notify the
purchaser of any state lands in each instance when payment on ((his))
the purchaser's contract is overdue, and that ((he)) the purchaser is
liable to forfeiture if payment is not made when due.
Sec. 362 RCW 79.01.232 and 2001 c 250 s 9 are each amended to
read as follows:
When valuable materials are sold ((separate)) separately from the
land and the purchase price is paid in full, the ((commissioner of
public lands)) department shall ((cause)) prepare a bill of sale((,
signed by the commissioner and attested by the seal of his or her
office, setting forth the time within which such material shall be
removed, to be issued to the purchaser and to be recorded in the office
of the commissioner of public lands, upon the payment of the fee
provided for in this chapter)). The bill of sale shall:
(1) State the time period for removing the material;
(2) Be signed by the commissioner and attested by the seal of the
commissioner's office upon full payment of the purchase price and fees;
(3) Be issued to the purchaser upon payment of the fee for the bill
of sale; and
(4) Be recorded in the department.
Sec. 363 RCW 79.01.236 and 1982 1st ex.s. c 21 s 163 are each
amended to read as follows:
Whenever the holder of a contract of purchase of any state lands,
or the holder of any lease of any such lands, except for mining of
valuable minerals or coal, or extraction of petroleum or gas, shall
surrender the same to the ((commissioner)) department with the request
to have it divided into two or more contracts, or leases, the
((commissioner)) department may divide the same and issue new
contracts, or leases, but no new contract, or lease, shall issue while
there is due and unpaid any interest, rental, or taxes or assessments
on the land held under such contract or lease, nor in any case where
the ((commissioner)) department is of the opinion that the state's
security would be impaired or endangered by the proposed division. For
all such new contracts, or leases, a fee as ((determined by the board
of natural resources for each new contract or lease issued)) provided
under this chapter, shall be paid by the applicant ((and such fee shall
be paid into the state treasury to the resource management cost account
fund established in the general fund pursuant to RCW 79.64.010)).
Sec. 364 RCW 79.01.238 and 2001 c 250 s 18 are each amended to
read as follows:
(1) In the event that the department ((of natural resources))
determines that regulatory requirements or some other circumstance
beyond the control of both the department and the purchaser has made a
valuable materials contract wholly or partially impracticable to
perform, the department may cancel any portion of the contract which
could not be performed. In the event of such a cancellation, the
purchaser shall not be liable for the purchase price of any portions of
the contract so canceled. Market price fluctuations shall not
constitute an impracticable situation for valuable materials contracts.
(2) Alternatively, and notwithstanding any other provision in this
title, the department ((of natural resources)) may substitute valuable
materials from another site in exchange for any valuable materials
which the department determines have become impracticable to remove
under the original contract. Any substituted valuable materials must
belong to the identical trust involved in the original contract, and
the substitute materials shall be determined by the department ((of
natural resources)) to have an appraised value that is not greater than
the valuable materials remaining under the original contract. The
substitute valuable materials and site shall remain subject to all
applicable permitting requirements and the state environmental policy
act, chapter 43.21C RCW, for the activities proposed at that site. In
any such substitution, the value of the materials substituted shall be
fixed at the purchase price of the original contract regardless of
subsequent market changes. Consent of the purchaser shall be required
for any substitution under this section.
Sec. 365 RCW 79.01.240 and 2001 c 250 s 11 are each amended to
read as follows:
(1) Any sale, transfer, or lease of state lands in which the
purchaser, transfer recipient, or lessee obtains the sale or lease by
fraud or misrepresentation is void, and the contract of purchase or
lease shall be of no effect. In the event of fraud, the contract,
transferred property, or lease must be surrendered to the department
((of natural resources)), but the purchaser, transfer recipient, or
lessee may not be refunded any money paid on account of the surrendered
contract, transfer, or lease. In the event that a mistake is
discovered in the sale or lease of state lands, or in the sale of
valuable materials on state lands, the department may take action to
correct the mistake in accordance with RCW 79.01.740 (as recodified by
this act) if maintaining the corrected contract, transfer, or lease is
in the best interests of the affected trust or trusts.
Sec. 366 RCW 79.01.242 and 1984 c 222 s 12 are each amended to
read as follows:
(1) Subject to other provisions of this chapter and subject to
rules adopted by the board ((of natural resources)), the department may
lease state lands for purposes it deems advisable, including, but not
limited to, commercial, industrial, residential, agricultural, and
recreational purposes in order to obtain a fair market rental return to
the state or the appropriate constitutional or statutory trust.
((Every lease issued by the department, shall contain: (a) The
specific use or uses to which the land is to be employed; (b) the
improvements required: PROVIDED, That a minimum reasonable time is
allowed for the completion of the improvements; (c) the rent is payable
in advance in quarterly, semiannual, or annual payments, as determined
by the department or as agreed upon by the lessee and the department of
natural resources; (d) other terms and conditions as the department
deems advisable, subject to review by the board of natural resources,
to more nearly effectuate the purposes of the state Constitution and of
this chapter.))
(2) ((The department may authorize the use of state land by lease
at state auction for initial leases or by negotiation for existing
leases. Notice of intent to lease by negotiation shall be published in
at least two newspapers of general circulation in the area in which the
land which is to be the subject of negotiation is located within the
ninety days immediately preceding commencement of negotiations.)) Notwithstanding any provision in this chapter to the
contrary, in leases for residential purposes, the board ((
(3) Leases which authorize commercial, industrial, or residential
uses on state lands may be entered into by negotiation. Negotiations
shall be subject to rules of the board of natural resources. At the
option of the department, these leases may be placed for bid at public
auction.
(4) Any person, firm or corporation desiring to lease any state
lands for any purpose not prohibited by law, may make application to
the department, describing the lands sought to be leased on forms to be
provided by the department.
(5)of natural
resources)) may waive or modify any conditions of the lease if the
waiver or modification is necessary to enable any federal agency or
lending institution authorized to do business in this state or
elsewhere in the United States to participate in any loan secured by a
security interest in a leasehold interest.
(((6) Upon expiration of the lease term, if the leased land is not
otherwise utilized, the department may allow the lessee to continue to
hold the land for a period not exceeding one year upon such rent,
terms, and conditions as the department may prescribe. Upon the
expiration of the one year extension, if the department has not yet
determined the disposition of the land for other purposes, the
department may issue a temporary permit to the lessee upon terms and
conditions it prescribes. The temporary permit may not extend beyond
a five year period.))
(3) Any land granted to the state by the United States may be
leased for any lawful purpose in such minimum acreage as may be fixed
by the department.
(4) The department shall exercise general supervision and control
over the lease of state lands for any lawful purpose.
(5) State lands leased or for which permits are issued or contracts
are entered into for the prospecting and extraction of valuable
materials, coal, oil, gas, or other hydrocarbons are subject to the
provisions of chapter 79.14 RCW.
NEW SECTION. Sec. 367 Every lease issued by the department must
contain:
(1) The specific use or uses to which the land is to be employed;
(2) The improvements required, if any;
(3) Provisions providing that the rent is payable in advance in
quarterly, semiannual, or annual payments as determined by the
department, or as agreed upon by the lessee and the department;
(4) Other terms and conditions as the department deems advisable,
subject to review by the board, to achieve the purposes of the state
Constitution and this chapter.
NEW SECTION. Sec. 368 (1) The department may authorize the use
of state land by lease at state auction for initial leases or by
negotiation for existing leases.
(2) Leases that authorize commercial, industrial, or residential
uses may be entered into by public auction or negotiations at the
option of the department. Negotiations are subject to rules approved
by the board.
NEW SECTION. Sec. 369 (1) The department must give thirty days
notice of leasing by public auction. The notice must:
(a) Specify the place and time of auction, bid deposit if any, the
appraised value, describe each parcel to be leased, and the terms and
conditions of the lease;
(b) Be posted in some conspicuous place in the county auditor's
office and the department's regional headquarters administering the
lease; and
(c) Be published in at least two newspapers of general circulation
in the area where the state land subject to public auction leasing is
located.
(2) Notice of intent to lease by negotiation must be published in
at least two newspapers of general circulation in the area where the
state land subject to lease negotiation is located. The notice must be
published within the ninety days preceding commencement of
negotiations.
(3) The department is authorized to conduct any additional
advertising that it determines to be in the best interest of the state.
NEW SECTION. Sec. 370 Any person desiring to lease any state
lands for any purpose not prohibited by law may make application to the
department on forms provided by the department and accompanied by the
fee provided under section 313 of this act.
Sec. 371 RCW 79.01.244 and 1979 ex.s. c 109 s 9 are each amended
to read as follows:
All state lands hereafter leased for grazing or agricultural
purposes shall be open and available to the public for purposes of
hunting and fishing unless closed to public entry because of fire
hazard or unless the department ((of natural resources)) gives prior
written approval and the area is lawfully posted by lessee to prohibit
hunting and fishing thereon in order to prevent damage to crops or
other land cover, to improvements on the land, to livestock, to the
lessee, or to the general public, or closure is necessary to avoid
undue interference with carrying forward a departmental or agency
program. In the event any such lands are so posted it shall be
unlawful for any person to hunt or fish on any such posted lands.
The department ((of natural resources)) shall insert the provisions
of this section in all new grazing and agricultural leases ((hereafter
issued)).
Sec. 372 RCW 79.01.248 and 1979 ex.s. c 109 s 11 are each amended
to read as follows:
(1) When the department ((of natural resources shall have decided))
decides to lease any state lands at public auction it ((shall be)) is
the duty of the department to fix the date, place, and time when such
lands shall be offered for lease.
(2) The auction must be conducted between the hours of 10:00 a.m.
and 4:00 p.m.
(3) The auction must take place:
(a) At the department's regional office administering the lease; or
(b) When leases are auctioned by the county auditor, in the county
where the state land to be leased is situated at such place as
specified in the notice.
NEW SECTION. Sec. 373 (1) All leasing by public auction shall be
by oral or by sealed bid. Leases will be awarded to the highest bidder
on the terms prescribed by law and as specified in the notice of
leasing described in section 369 of this act. No lease may be awarded
for less than the appraised value.
(2) The public auction must be conducted under the direction of the
department or by the auditor for the county in which the land to be
leased is located. The person conducting the auction is called the
auctioneer.
(3) The person to whom a lease of state lands is awarded shall pay
the rental in accordance with that person's bid to the auctioneer in
cash or by certified check or accepted draft on any bank in this state.
(4) The auctioneer shall send to the department such cash,
certified check, draft, or money order received from the successful
bidder, together with any additional report of the auction proceeding
as may be required by the department.
(5) The department may reject any and all bids when the interests
of the state justify it. If the department rejects a bid, it must
refund any rental and bid deposit to the bidder upon return of the
receipts issued.
(6) If the department approves any leasing made by the auctioneer,
it must proceed to issue a lease to the successful bidder upon a form
approved by the attorney general.
(a) All leases must be in duplicate and both copies signed by the
lessee and the department.
(b) One signed copy must be forwarded to the lessee and one signed
copy must be kept in the office of the department.
Sec. 374 RCW 79.01.268 and 1979 ex.s. c 109 s 16 are each amended
to read as follows:
The ((commissioner of public lands)) department shall keep a full
and complete record of all leases issued under the provisions of the
preceding sections and the payments made thereon. ((If such rental be
not paid on or before the date the same becomes due, according to the
terms of the lease, the commissioner of public lands shall declare a
forfeiture, cancel the lease and eject the lessee from the land:
PROVIDED, That the commissioner of public lands may extend the time for
payment of annual rental when, in his judgment, the interests of the
state will not be prejudiced thereby.))
NEW SECTION. Sec. 375 If any rental is not paid on or before its
due date according to the terms of the lease, the department must
declare a forfeiture, cancel the lease, and eject the lessee from the
land. The department may extend the time for payment of annual rental
when in its judgment the interests of the state will not be prejudiced
thereby.
Sec. 376 RCW 79.01.284 and 1959 c 257 s 32 are each amended to
read as follows:
At any time during the existence of any lease of state lands,
except lands leased for the purpose of mining of valuable minerals, or
coal, or extraction of petroleum or gas, the lessee with the consent of
the ((commissioner of public lands)) department, first obtained, by
written application, showing the cost and benefits to be derived
thereby, may purchase or acquire a water right appurtenant to and in
order to irrigate the land leased ((by him, and)). If such water right
shall become a valuable and permanent improvement to the lands, then,
in case of the sale or lease of such lands to other parties, the lessee
acquiring such water right shall be entitled to receive the value
thereof as in case of other improvements which ((he has)) have been
placed upon the land by the lessee.
Sec. 377 RCW 79.01.292 and 1982 1st ex.s. c 21 s 165 are each
amended to read as follows:
All contracts of purchase, or leases, of state lands issued by the
department ((of natural resources)) shall be assignable in writing by
the contract holder or lessee and the assignee shall be subject to and
governed by the provisions of law applicable to the ((purchaser, or
lessee, of whom he is the assignee,)) assignor and shall have the same
rights in all respects as the original purchaser, or lessee, of the
lands, provided the assignment is approved by the department ((of
natural resources)) and entered of record in its office.
Sec. 378 RCW 79.01.2955 and 1996 c 163 s 1 are each amended to
read as follows:
(1) It is the purpose of chapter 163, Laws of 1996 that all state
agricultural lands, grazing lands, and grazeable woodlands shall be
managed in keeping with the statutory and constitutional mandates under
which each agency operates. Chapter 163, Laws of 1996 is consistent
with section 1, chapter 4, Laws of 1993 sp. sess.
(2) The ecosystem standards developed under chapter 4, Laws of 1993
sp. sess. for state-owned agricultural and grazing lands are defined as
desired ecological conditions. The standards are not intended to
prescribe practices. For this reason, land managers are encouraged to
use an adaptive management approach in selecting and implementing
practices that work towards meeting the standards based on the best
available science and evaluation tools.
(3) For as long as the chapter 4, Laws of 1993 sp. sess. ecosystem
standards remain in effect, they shall be applied through a
collaborative process that incorporates the following principles:
(a) The land manager and lessee or permittee shall look at the land
together and make every effort to reach agreement on management and
resource objectives for the land under consideration;
(b) They will then discuss management options and make every effort
to reach agreement on which of the available options will be used to
achieve the agreed-upon objectives;
(c) No land manager or owner ever gives up his or her management
prerogative;
(d) Efforts will be made to make land management plans economically
feasible for landowners, managers, and lessees and to make the land
management plan compatible with the lessee's entire operation;
(e) Coordinated resource management planning is encouraged where
either multiple ownerships, or management practices, or both, are
involved;
(f) The department of fish and wildlife shall consider multiple
use, including grazing, on lands owned or managed by the department of
fish and wildlife where it is compatible with the management objectives
of the land; and
(g) The department ((of natural resources)) shall allow multiple
use on lands owned or managed by the department ((of natural
resources)) where multiple use can be demonstrated to be compatible
with RCW 79.68.010, 79.68.020, and 79.68.050 (as recodified by this
act).
(4) The ecosystem standards are to be achieved by applying
appropriate land management practices on riparian lands and on the
uplands in order to reach the desired ecological conditions.
(5) The legislature urges that state agencies that manage grazing
lands make planning and implementation of chapter 163, Laws of 1996,
using the coordinated resource management and planning process, a high
priority, especially where either multiple ownerships, or multiple use
resources objectives, or both, are involved. In all cases, the choice
of using the coordinated resource management planning process will be
a voluntary decision by all concerned parties including agencies,
private landowners, lessees, permittees, and other interests.
Sec. 379 RCW 79.01.296 and 1959 c 257 s 34 are each amended to
read as follows:
The lessee, or assignee of any lease((, of state lands,)) leased
for grazing purposes, shall not use the ((same)) land for any other
purpose than that expressed in the lease((: PROVIDED, That such)).
However, the lessee, or ((his)) assignee, ((of state lands,)) may
surrender ((his)) the lease to the ((commissioner of public lands))
department and request the ((commissioner)) department to issue an
agricultural lease in lieu ((thereof, and in such case, the
commissioner upon the payment of the fixed rental for agricultural
purposes under the appraisement of said land shall be authorized to
issue a new lease, for the unexpired portion of the term of the lease
surrendered,)) of the original lease. The department is authorized to
issue a new lieu lease for the unexpired portion of the term of the
lease surrendered upon payment of the fixed rental based on an
appraisal of the land for agricultural purposes. Under ((which)) the
lieu lease the lessee shall be permitted to clear, plow, and cultivate
the lands as in the case of an original lease for agricultural
purposes.
Sec. 380 RCW 79.01.300 and 1927 c 255 s 75 are each amended to
read as follows:
State lands held under lease as ((above)) provided in RCW 79.01.296
(as recodified by this act) shall not be offered for sale, or sold,
during the life of the lease, except upon application of the lessee.
Sec. 381 RCW 79.01.301 and 1967 ex.s. c 78 s 5 are each amended
to read as follows:
(1) The purpose of this section is to provide revenues to the state
and its various taxing districts through the sale of public lands which
are currently used primarily for grazing and similar low priority
purposes, by enabling their development as irrigated agricultural
lands.
(2) All applications for the purchase of lands of the foregoing
character, when accompanied by a proposed plan of development of the
lands for a higher priority use, shall be individually reviewed by the
board ((of natural resources)). The board shall thereupon determine
whether the sale of the lands is in the public interest and upon an
affirmative finding shall offer such lands for sale ((under the
applicable provisions of this chapter: PROVIDED, That)). However, any
such parcel of land shall be sold to the highest bidder but only at a
bid equal to or higher than the last appraised valuation thereof as
established by appraisers for the department for any such parcel of
land((: PROVIDED FURTHER, That)). Further, any lands lying within
United States reclamation areas, the sale price of which is limited or
otherwise regulated pursuant to federal reclamation laws or regulations
thereunder, need not be offered for sale so long as such limitations or
regulations are applicable thereto.
(3) The department ((of natural resources)) shall ((make)) adopt
appropriate ((regulations)) rules defining properties of such irrigated
agricultural potential and shall take into account the economic
benefits to the locality in classifying such properties for sale.
Sec. 382 RCW 79.01.304 and 1982 1st ex.s. c 21 s 166 are each
amended to read as follows:
The ((commissioner of public lands)) department shall cause full
and correct abstracts of all the ((state)) public lands to be made and
kept ((in his office)) in suitable and well bound books, and other
suitable records. Such abstracts shall show in proper columns and
pages the section or part of section, lot or block, township and range
in which each tract is situated, whether timber or prairie, improved or
unimproved, the appraised value per acre, the value of improvements and
the value of damages, and the total value, the several values of
timber, stone, gravel, or other valuable materials thereon, the date of
sale, the name of purchaser, sale price per acre, the date of lease,
the name of lessee, the term of the lease, the annual rental, amount of
cash paid, amount unpaid and when due, amount of annual interest, and
in proper columns such other facts as may be necessary to show a full
and complete abstract of the conditions and circumstances of each tract
or parcel of land from the time the title was acquired by the state
until the issuance of a deed or other disposition of the land by the
state.
Sec. 383 RCW 79.01.332 and 1927 c 255 s 83 are each amended to
read as follows:
Any person, firm, or corporation((,)) engaged in the business of
logging or lumbering, quarrying, mining or removing sand, gravel, or
other valuable materials from land, and desirous of obtaining a right
of way for the purpose of transporting or moving timber, minerals,
stone, sand, gravel, or other valuable materials from other lands, over
and across any state lands, or tide or shore lands belonging to the
state, or any such lands sold or leased by the state since the
fifteenth day of June, 1911, shall file with the ((commissioner of
public lands)) department upon a form to be furnished for that purpose,
a written application for such right of way, accompanied by a plat
showing the location of the right of way applied for with references to
the boundaries of the government section in which the lands over and
across which such right of way is desired are located. Upon the filing
of such application and plat, the ((commissioner of public lands))
department shall cause the lands embraced within the right of way
applied for, to be inspected, and all timber thereon, and all damages
to the lands affected which may be caused by the use of such right of
way, to be appraised, and shall notify the applicant of the appraised
value of such timber and such appraisement of damages. Upon the
payment to the ((commissioner of public lands)) department of the
amount of the appraised value of timber and damages, the
((commissioner)) department shall issue in duplicate a right of way
certificate setting forth the terms and conditions upon which such
right of way is granted, as provided in the preceding sections, and
providing that whenever such right of way shall cease to be used for
the purpose for which it was granted, or shall not be used in
accordance with such terms and conditions, it shall be deemed
forfeited. One copy of such certificate shall be filed in the office
of the ((commissioner of public lands)) department and one copy
delivered to the applicant.
Sec. 384 RCW 79.01.336 and 1927 c 255 s 84 are each amended to
read as follows:
Any such right of way heretofore granted which has never been used,
or has ceased to be used for the purpose for which it was granted, for
a period of two years, shall be deemed forfeited. The forfeiture of
any such right of way heretofore granted, or granted under the
provisions of the preceding sections, shall be rendered effective by
the mailing of a notice of such forfeiture to the grantee thereof at
his or her last known post office address and by stamping a copy of
such certificate, or other record of the grant, in the office of the
((commissioner of public lands)) department with the word "canceled",
and the date of such cancellation.
Sec. 385 RCW 79.01.340 and 2001 c 250 s 12 are each amended to
read as follows:
Any county or city or the United States of America or state agency
desiring to locate, establish, and construct a road or street over and
across any state lands of the state of Washington shall by resolution
of the board of county commissioners of such county, or city council or
other governing body of such city, or proper agency of the United
States of America, or state agency, cause to be filed in the office of
the department ((of natural resources)) a petition for a right of way
for such road or street, setting forth the reasons for the
establishment thereof, accompanied by a duly attested copy of a plat
made by the county or city engineer or proper agency of the United
States of America, or state agency, showing the location of the
proposed road or street with reference to the legal subdivisions, or
lots and blocks of the official plat, or the lands, over and across
which such right of way is desired, the amount of land to be taken and
the amount of land remaining in each portion of each legal subdivision
or lot or block bisected by such proposed road or street.
Upon the filing of such petition and plat the department ((of
natural resources)), if deemed for the best interest of the state to
grant the petition, shall cause the land proposed to be taken to be
inspected and shall appraise the value of the land and valuable
materials thereon and notify the petitioner of such appraised value.
If there are no valuable materials on the proposed right of way, or
upon the payment of the appraised value of the land and valuable
materials thereon, to the department ((of natural resources)) in cash,
or by certified check drawn upon any bank in this state, or money
order, except for all rights of way granted to the department ((of
natural resources)) on which the valuable materials, if any, shall be
sold at public auction or by sealed bid, the department may approve the
plat filed with the petition and file and enter the same in the records
of ((his or her)) its office, and such approval and record shall
constitute a grant of such right of way from the state.
Sec. 386 RCW 79.01.348 and 1927 c 255 s 87 are each amended to
read as follows:
In order to obtain the benefits of ((the preceding section)) RCW
79.01.344 (as recodified by this act), any railroad company hereafter
constructing, or proposing to construct, a railroad, shall file with
the ((commissioner of public lands)) department a copy of its articles
of incorporation, due proof of organization thereunder, a map or maps,
accompanied by the field notes of the survey, showing the location of
the line of said railroad, the width of the right of way and extra
widths, if any, and shall pay to the ((commissioner of public lands))
department as hereinafter provided the amount of the appraised value of
the lands included within ((said)) the right of way, and extra widths
if any are required, and the damages to any lands affected by ((such))
the right of way or extra widths.
Sec. 387 RCW 79.01.352 and 1927 c 255 s 88 are each amended to
read as follows:
All state lands over which a right of way of any railroad to be
hereafter constructed, shall be located, shall be appraised in the same
manner as in the case of applications for the purchase of state lands,
fixing the appraised value per acre for each lot or block, quarter
section or subdivision thereof, less the improvements, if any, and the
damages to any state lands affected by such right of way, shall be
appraised in like manner, and the appraisement shall be recorded and
the evidence or report upon which the same is based shall be preserved
of record, in the office of the ((commissioner of public lands))
department, and the ((commissioner)) department shall send notice to
the railroad company applying for the right of way that such
appraisement has been made.
Sec. 388 RCW 79.01.356 and 1927 c 255 s 89 are each amended to
read as follows:
Should any improvements, made by anyone not holding adversely to
the state at the time of making such improvements or made in good faith
by a lessee of the state whose lease had not been canceled or was not
subject to cancellation for any cause, or made upon the land by
mistake, be upon any of such lands at the time of the appraisement, the
same shall be separately appraised, together with the damage and waste
done to said lands, or to adjacent lands, by the use and occupancy of
the same, and after deducting from the amount of the appraisement for
improvements the amount of such damage and waste, the balance shall be
regarded as the value of said improvements, and the railroad company,
if not the owner of such improvements, shall deposit with the
((commissioner of public lands)) department the value of the same, as
shown by ((said)) the appraisement, within thirty days next following
the date thereof. The ((commissioner of public lands)) department
shall hold such moneys for a period of three months, and unless a
demand and proof of ownership of such improvements shall be made upon
the ((commissioner)) department within said period of three months, the
same shall be deemed forfeited to the state and deposited with the
state treasurer and paid into the general fund. If two or more persons
shall file claims of ownership of said improvements, within said period
of three months, with the ((commissioner of public lands)) department,
the ((commissioner)) department shall hold such moneys until the
claimants agree or a certified copy of the judgment decreeing the
ownership of said improvements shall be filed with ((him)) the
department. When notice of agreement or a certified copy of a judgment
has been so filed, the ((commissioner of public lands)) department
shall pay over to the owner of the improvements the money so deposited.
Sec. 389 RCW 79.01.360 and 1927 c 255 s 90 are each amended to
read as follows:
When the construction or proposed construction of said railroad
affects the value of improvements on state lands not situated on the
right of way or extra widths, the applicant for said right of way shall
file with the ((commissioner of public lands)) department a valid
release of damages duly executed by the owner or owners of such
improvements, or a certified copy of a judgment of a court of competent
jurisdiction, showing that compensation for the damages resulting to
such owner or owners, as ascertained in accordance with existing law,
has been made or paid into the registry of such court.
Sec. 390 RCW 79.01.364 and 1927 c 255 s 91 are each amended to
read as follows:
Upon full payment of the appraised value of any right of way for a
railroad and of damages to state lands affected, the ((commissioner of
public lands)) department shall issue to the railroad company applying
for such right of way a certificate in such form as the ((commissioner
of public lands)) department may prescribe, in which the terms and
conditions of said easement shall be set forth and the lands covered
thereby described, and any future grant, or lease, by the state, of the
lands crossed or affected by such right of way shall be subject to the
easement described in the certificate.
Sec. 391 RCW 79.01.388 and 1961 c 73 s 7 are each amended to read
as follows:
In order to obtain the benefits of the grant made in RCW 79.01.384
(as recodified by this act), the municipal or private corporation or
company, association, individual, or the United States of America,
constructing or proposing to construct, or which has heretofore
constructed, such telephone line, ditch, flume, pipe line, or
transmission line, shall file, with the ((commissioner of public
lands)) department, a map, accompanied by the field notes of the survey
and location of such telephone line, ditch, flume, pipe line, or
transmission line, and shall make payment therefor as provided in RCW
79.01.392 (as recodified by this act). The land within the right of
way shall be limited to an amount necessary for the construction of
said telephone line, ditch, flume, pipe line, or transmission line
sufficient for the purposes required, together with sufficient land on
either side thereof for ingress and egress to maintain and repair the
same, and the grant shall include the right to cut all standing timber,
and/or reproduction within said right of way. The grant shall also
include the right to cut trees marked as danger trees by the applicant
outside of the right of way, which shall be dangerous to the operation
and maintenance of the telephone line, ditch, flume, pipe line, or
transmission line upon full payment of the appraised value thereof.
Sec. 392 RCW 79.01.392 and 2001 c 250 s 13 are each amended to
read as follows:
Upon the filing of the plat and field notes, as provided in RCW
79.01.388 (as recodified by this act), the land applied for and the
valuable materials on the right of way applied for, and the marked
danger trees to be felled off the right of way, if any, and the
improvements included in the right of way applied for, if any, shall be
appraised as in the case of an application to purchase state lands.
Upon full payment of the appraised value of the land applied for, or
upon payment of an annual rental when the department ((of natural
resources)) deems a rental to be in the best interests of the state,
and upon full payment of the appraised value of the valuable materials
and improvements, if any, the ((commissioner of public lands))
department shall issue to the applicant a certificate of the grant of
such right of way stating the terms and conditions thereof and shall
enter the same in the abstracts and records in ((his or her)) its
office, and thereafter any sale or lease of the lands affected by such
right of way shall be subject to the easement of such right of way.
Should the corporation, company, association, individual, state agency,
political subdivision of the state, or the United States of America,
securing such right of way ever abandon the use of the same for a
period of sixty months or longer for the purposes for which it was
granted, the right of way shall revert to the state, or the state's
grantee.
Sec. 393 RCW 79.01.400 and 1945 c 147 s 5 are each amended to
read as follows:
In order to obtain the benefits of the grant ((hereinabove))
provided for in RCW 79.01.396 (as recodified by this act), the
irrigation district, irrigation company, association, individual, or
the United States of America, constructing or proposing to construct
such irrigation ditch or pipe line for irrigation, or the diking and
drainage district or diking and drainage improvement district
constructing or proposing to construct any dike or drainage ditch,
shall file with the ((commissioner of public lands)) department a map
accompanied by the field notes of the survey and location of the
proposed irrigation ditch, pipe line, dike, or drainage ditch, and
shall pay to the state as hereinafter provided, the amount of the
appraised value of the said lands used for or included within such
right of way. The land within said right of way shall be limited to an
amount necessary for the construction of the irrigation ditch, pipe
line, dike, or drainage ditch for the purposes required, together with
sufficient land on either side thereof for ingress and egress to
maintain and repair the same.
Sec. 394 RCW 79.01.404 and 1927 c 255 s 101 are each amended to
read as follows:
Upon the filing of the plat and field notes as ((hereinabove))
provided in RCW 79.01.400 (as recodified by this act), the lands
included within the right of way applied for shall be appraised as in
the case of an application to purchase such lands, at the full market
value thereof. Upon full payment of the appraised value of the lands
the ((commissioner of public lands)) department shall issue to the
applicant a certificate of right of way, and enter the same in the
records in ((his)) its office and thereafter any sale or lease by the
state of the lands affected by such right of way shall be subject
thereto.
Sec. 395 RCW 79.01.408 and 1982 1st ex.s. c 21 s 174 are each
amended to read as follows:
The ((commissioner of public lands)) department shall have the
power to grant to any person or corporation the right, privilege, and
authority to perpetually back and hold water upon or over any state
lands, and overflow such lands and inundate the same, whenever the
((commissioner)) department shall deem it necessary for the purpose of
erecting, constructing, maintaining, or operating any water power
plant, reservoir, or works for impounding water for power purposes,
irrigation, mining, or other public use, but no such rights shall be
granted until the value of the lands to be overflowed and any damages
to adjoining lands of the state, appraised as in the case of an
application to purchase such lands, shall have been paid by the person
or corporation seeking the grant, and if the construction or erection
of any such water power plant, reservoir, or works for impounding water
for the purposes heretofore specified, shall not be commenced and
diligently prosecuted and completed within such time as the
((commissioner of public lands)) department may prescribe at the time
of the grant, the same may be forfeited by the ((commissioner of public
lands)) department by serving written notice of such forfeiture upon
the person or corporation to whom the grant was made, but the
((commissioner)) department, for good cause shown to ((his)) its
satisfaction, may extend the time within which such work shall be
completed.
Sec. 396 RCW 79.01.414 and 1982 1st ex.s. c 21 s 175 are each
amended to read as follows:
The department ((of natural resources)) may grant to any person
such easements and rights in state lands or state forest lands as the
applicant applying therefor may acquire in privately owned lands
through proceedings in eminent domain. No grant shall be made under
this section until such time as the full market value of the estate or
interest granted together with damages to all remaining property of the
state of Washington has been ascertained and safely secured to the
state.
Sec. 397 RCW 79.01.500 and 1988 c 202 s 59 and 1988 c 128 s 56
are each reenacted and amended to read as follows:
Any applicant to purchase, or lease, any public lands of the state,
or any valuable materials thereon, and any person whose property rights
or interests will be affected by such sale or lease, feeling
((himself)) aggrieved by any order or decision of the board ((of
natural resources)), or the commissioner ((of public lands)),
concerning the same, may appeal therefrom to the superior court of the
county in which such lands or materials are situated, by serving upon
all parties who have appeared in the proceedings in which the order or
decision was made, or their attorneys, a written notice of appeal, and
filing such notice, with proof, or admission, of service, with the
board, or the commissioner, within thirty days from the date of the
order or decision appealed from, and at the time of filing the notice,
or within five days thereafter, filing a bond to the state, in the
penal sum of two hundred dollars, with sufficient sureties, to be
approved by the secretary of the board, or the commissioner,
conditioned that the appellant shall pay all costs that may be awarded
against ((him)) the appellant on appeal, or the dismissal thereof.
Within thirty days after the filing of notice of appeal, the secretary
of the board, or the commissioner, shall certify, under official seal,
a transcript of all entries in the records of the board, or the
commissioner, together with all processes, pleadings and other papers
relating to and on file in the case, except evidence used in such
proceedings, and file such transcript and papers, at the expense of the
applicant, with the clerk of the court to which the appeal is taken.
The hearing and trial of said appeal in the superior court shall be de
novo before the court, without a jury, upon the pleadings and papers so
certified, but the court may order the pleadings to be amended, or new
and further pleadings to be filed. Costs on appeal shall be awarded to
the prevailing party as in actions commenced in the superior court, but
no costs shall be awarded against the state, the board, or the
commissioner. Should judgment be rendered against the appellant, the
costs shall be taxed against ((him)) the appellant and ((his)) the
appellant's sureties on the appeal bond, except when the state is the
only adverse party, and shall be included in the judgment, upon which
execution may issue as in other cases. Any party feeling ((himself))
aggrieved by the judgment of the superior court may seek appellate
review as in other civil cases. Unless appellate review of the
judgment of the superior court is sought, the clerk of said court
shall, on demand, certify, under ((his)) the clerk's hand and the seal
of the court, a true copy of the judgment, to the board, or the
commissioner, which judgment shall thereupon have the same force and
effect as if rendered by the board, or the commissioner. In all cases
of appeals from orders or decisions of the commissioner ((of public
lands)) involving the prior right to purchase tidelands of the first
class, if the appeal ((be)) is not prosecuted, heard and determined,
within two years from the date of the appeal, the attorney general
shall, after thirty days' notice to the appellant of ((his)) the
attorney general's intention so to do, move the court for a dismissal
of the appeal, but nothing herein shall be construed to prevent the
dismissal of such appeal at any time in the manner provided by law.
Sec. 398 RCW 79.01.612 and 1993 c 49 s 1 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, the
department ((of natural resources)) shall manage and control all lands
acquired by the state by escheat or under ((chapter 79.66)) RCW
79.66.010 through 79.66.100 (as recodified by this act) and all lands
acquired by the state by deed of sale or gift or by devise, except such
lands which are conveyed or devised to the state to be used for a
particular purpose. ((The department shall lease the lands in the same
manner as school lands. When the department determines to sell the
lands, they shall be initially offered for sale either at public
auction or direct sale to public agencies as provided in this chapter.
If the lands are not sold at public auction, the department may, with
approval of the board of natural resources, market the lands through
persons licensed under chapter 18.85 RCW or through other commercially
feasible means at a price not lower than the land's appraised value and
pay necessary marketing costs from the sale proceeds. Necessary
marketing costs includes reasonable costs associated with advertising
the property and paying commissions. The proceeds of the lease or sale
of all such lands shall be deposited into the appropriate fund in the
state treasury in the manner prescribed by law, except if the grantor
in any such deed or the testator in case of a devise specifies that the
proceeds of the sale or lease of such lands be devoted to a particular
purpose such proceeds shall be so applied. The department may employ
agents to rent any escheated, deeded, or devised lands, or lands
acquired under chapter 79.66 RCW, for such rental and time and in such
manner as the department directs, but the property shall not be rented
by such agent for a longer period than one year and no tenant is
entitled to compensation for any improvement which he makes on such
property. The agent shall cause repairs to be made to the property as
the department directs, and shall deduct the cost thereof, together
with such compensation and commission as the department authorizes,
from the rentals of such property and the remainder which is collected
shall be transmitted monthly to the department of natural resources.))
(2) When land is acquired by the state by escheat which because of
its location or features may be suitable for park purposes, the
department shall notify the state parks and recreation commission. The
department and the commission shall jointly evaluate the land for its
suitability for park purposes, based upon the features of the land and
the need for park facilities in the vicinity. Where the department and
commission determine that such land is suitable for park purposes, it
shall be offered for transfer to the commission, or, in the event that
the commission declines to accept the land, to the local jurisdiction
providing park facilities in that area. When so offered, the payment
required by the recipient agency shall not exceed the costs incurred by
the department in managing and protecting the land since receipt by the
state.
(3) The department may review lands acquired by escheat since
January 1, 1983, for their suitability for park purposes, and apply the
evaluation and transfer procedures authorized by subsection (2) of this
section.
NEW SECTION. Sec. 399 (1) Except as provided in RCW 79.01.612(2)
(as recodified by this act), the department shall manage and control
all lands acquired by the state by escheat, deed of sale, gift, devise,
or under RCW 79.66.010 through 79.66.100 (as recodified by this act),
except such lands that are conveyed or devised to the state for a
particular purpose.
(2) When the department determines to sell the lands, they shall
initially be offered for sale either at public auction or direct sale
to public agencies as provided in this chapter.
(3) If the lands are not sold at public auction, the department
may, with approval of the board, market the lands through persons
licensed under chapter 18.85 RCW or through other commercially feasible
means at a price not lower than the land's appraised value.
(4) Necessary marketing costs may be paid from the sale proceeds.
For the purpose of this subsection, necessary marketing costs include
reasonable costs associated with advertising the property and paying
commissions.
(5) Proceeds of the sale shall be deposited into the appropriate
fund in the state treasury unless the grantor in any deed or the
testator in case of a devise specifies that the proceeds of the sale be
devoted to a particular purpose.
NEW SECTION. Sec. 400 (1) Except as provided in RCW 79.01.612(2)
(as recodified by this act), the department shall manage and control
all lands acquired by the state through escheat, deed of sale, gift,
devise, or under RCW 79.66.010 through 79.66.100 (as recodified by this
act), except lands that are conveyed or devised to the state for a
particular purpose.
(2) The department shall lease the lands in the same manner as
school lands.
(3) The department may employ agents to rent any escheated, deeded,
or devised lands, or lands acquired under RCW 79.66.010 through
79.66.100 (as recodified by this act) for such rental, time, and manner
as the department directs.
(a) The agent shall not rent the property for a period longer than
one year.
(b) No tenant is entitled to compensation for any improvement that
he or she makes on the property.
(c) The agent shall cause repairs to be made to the property as the
department directs.
(d) Rental shall be transmitted monthly to the department. The
agent shall deduct the cost of any repairs made under (c) of this
subsection, together with such compensation and commission as the
department authorizes from the rental.
(4) Proceeds of any lease or rental shall be deposited into the
appropriate fund in the state treasury. If the grantor in any deed or
the testator in case of a devise specifies that the proceeds be devoted
to a particular purpose, such proceeds shall be so applied.
Sec. 401 RCW 79.01.616 and 1987 c 20 s 1 are each amended to read
as follows:
The department ((of natural resources)) may issue permits and
leases for prospecting, and contracts for the mining of valuable
minerals and specified materials, except rock, gravel, sand, silt,
coal, or hydrocarbons, upon and from any public lands belonging to or
held in trust by the state, or which have been sold and the minerals
thereon reserved by the state in tracts not to exceed six hundred forty
acres or an entire government-surveyed section.
Sec. 402 RCW 79.01.617 and 1987 c 20 s 2 are each amended to read
as follows:
The department ((of natural resources)) may offer nonrenewable
placer mining contracts by public auction for the mining of gold under
terms set by the department. In the case of lands known to contain
valuable minerals or specified materials in commercially significant
quantities, the department may offer mining contracts by public
auction.
Sec. 403 RCW 79.01.618 and 1987 c 20 s 3 are each amended to read
as follows:
The department ((of natural resources)) may adopt rules necessary
for carrying out the mineral leasing, contracting, and permitting
provisions of RCW 79.01.616 through 79.01.651 (as recodified by this
act). Such rules shall be enacted under chapter 34.05 RCW. The
department may amend or rescind any rules adopted under this section.
The department shall publish these rules in pamphlet form for the
information of the public.
Sec. 404 RCW 79.01.620 and 1987 c 20 s 4 are each amended to read
as follows:
Any person desiring to obtain a lease for mineral prospecting
purposes upon any lands in which the mineral rights are owned or
administered by the department ((of natural resources)), shall file in
the proper office of the department an application or applications
therefor, upon the prescribed form, together with application fees.
The department may reject an application for a mineral prospecting
lease when the department determines rejection to be in the best
interests of the state, and in such case shall inform the applicant of
the reason for rejection and refund the application fee. The
department may also reject the application and declare the application
fee forfeited should the applicant fail to execute the lease.
Sec. 405 RCW 79.01.632 and 1987 c 20 s 7 are each amended to read
as follows:
The holder of any prospecting lease shall have a preference right
to a mining contract on the premises described in the lease if
application therefor is made to the department ((of natural resources))
at least one hundred eighty days prior to the expiration of the
prospecting lease.
A lessee applying for a mining contract shall furnish plans for
development leading toward production. The plans shall address the
reclamation of the property. A mining contract shall be for a term of
twenty years.
The first year of the contract and each year thereafter, the lessee
shall perform development work in cost amounts as set by the board ((of
natural resources)). The lessee may make payment to the department in
lieu of development work.
The lessee may at any time give notice of intent to terminate the
contract if all of the covenants of the contract including reclamation
are met. The notice of termination of contract shall be made by giving
written notice together with copies of all information obtained from
the premises. The contract shall terminate sixty days thereafter if
all arrears and sums which are due under the contract up to the time of
termination have been paid.
The lessee shall have sixty days from the termination date of the
contract in which to remove improvements, except those necessary for
the safety and maintenance of mine workings, from the premises without
material damage to the land or subsurface covered by the contract.
However, the lessee shall upon written request to the department be
granted an extension where forces beyond the control of the lessee
prevent removal of the improvements within sixty days.
Any lessee not converting a prospecting lease to a mining contract
shall not be entitled to a new prospecting lease on the lease premises
for one year from the expiration date of the prior lease. Such lands
included in the prospecting lease shall be open to application by any
person other than the prior lessee, and the lessee's agents or
associates during the year period described above.
Sec. 406 RCW 79.01.633 and 1987 c 20 s 8 are each amended to read
as follows:
Where the surface rights have been sold and the minerals retained
by the state, the state's right of entry to these lands is ((hereby))
transferred and assigned to the lessee during the life of the lease or
contract. No lessee shall commence any operation upon lands covered by
his or her lease or contract until the lessee has complied with RCW
79.01.624 (as recodified by this act).
Sec. 407 RCW 79.01.634 and 1987 c 20 s 9 are each amended to read
as follows:
The department ((of natural resources)) shall terminate and cancel
a prospecting lease or mining contract upon failure of the lessee to
make payment of the annual rental or royalties or comply with the terms
and conditions of ((said)) the lease or contract upon the date such
payments and compliances are due. The lessee shall be notified of such
termination and cancellation, said notice to be mailed to the last
known address of the lessee. Termination and cancellation shall become
effective thirty days from the date of mailing ((said)) the notice((:
PROVIDED, That)). However, the department may, upon written request
from the lessee, grant an extension of time in which to make such
payment or comply with ((said)) the terms and conditions.
Sec. 408 RCW 79.01.640 and 1987 c 20 s 10 are each amended to
read as follows:
Prospecting leases or mining contracts referred to in chapter
((79.01)) 79.14 RCW shall be as prescribed by, and in accordance with
rules adopted by the department ((of natural resources)).
The department may include in any mineral prospecting lease or
mining contract to be issued under this chapter such terms and
conditions as are customary and proper for the protection of the rights
of the state and of the lessee not in conflict with this chapter, or
rules adopted by the department.
Any lessee shall have the right to contract with others to work or
operate the leased premises or any part thereof or to subcontract the
same and the use of ((said)) the land or any part thereof for the
purpose of mining for valuable minerals or specified materials, with
the same rights and privileges granted to the lessee. Notice of such
contracting or subcontracting with others to work or operate the
property shall be made in writing to the department.
Sec. 409 RCW 79.01.644 and 1987 c 20 s 12 are each amended to
read as follows:
Mining contracts entered into as provided in chapter ((79.01))
79.14 RCW shall provide for the payment to the state of production
royalties as set by the board ((of natural resources)). A lessee shall
pay in advance annually a minimum royalty which shall be set by the
board ((of natural resources)). The minimum royalty shall be allowed
as a credit against production royalties due during the contract year.
Sec. 410 RCW 79.01.645 and 1987 c 20 s 13 are each amended to
read as follows:
The lessee may apply for the renewal of a mining contract, except
placer mining contracts issued pursuant to RCW 79.01.617 (as recodified
by this act), to the department within ninety days before the
expiration of the contract. Upon receipt of the application, the
department shall make the necessary investigation to determine whether
the terms of the contract have been complied with, and if the
department finds they have been complied with in good faith, the
department shall renew the contract. The terms and conditions of the
renewal contract shall remain the same except for royalty rates, which
shall be determined by reference to then existing law.
Sec. 411 RCW 79.01.648 and 1965 c 56 s 13 are each amended to
read as follows:
The holders of two or more mining contracts may consolidate
((said)) the contracts under a common management to permit proper
operation of large scale developments. Notification of such
consolidation shall be made to the department ((of natural resources)),
together with a statement of plans of operation and proposed
consolidation. The department may thereafter make examinations and
investigations and if it finds that such consolidation is not in the
best interest of the state, it shall disapprove such consolidated
operation.
Sec. 412 RCW 79.01.649 and 1965 c 56 s 14 are each amended to
read as follows:
Any person designated by the department ((of natural resources))
shall have the right at any time to enter upon the lands and inspect
and examine the structures, works, and mines situated thereon, and
shall also have the right to examine such books, records, and accounts
of the lessee as are directly connected with the determination of
royalties on the property under lease from the state but it shall be
unlawful for any person so appointed to disclose any information thus
obtained to any person other than the departmental officials and
employees, except the attorney general and prosecuting attorneys of the
state.
Sec. 413 RCW 79.01.650 and 1987 c 20 s 14 are each amended to
read as follows:
The state shall have the right to sell or otherwise dispose of any
surface resource, timber, rock, gravel, sand, silt, coal, or
hydrocarbons, except minerals or materials specifically covered by a
mineral prospecting lease or mining contract, found upon the land
during the period covered by ((said)) the lease or contract. The state
shall also have the right to enter upon such land and remove same, and
shall not be obliged to withhold from any sale any timber for
prospecting or mining purposes. The lessee shall, upon payment to the
department ((of natural resources)), have the right to cut and use
timber found on the leased premises for mining purposes as provided in
rules adopted by the department.
Sec. 414 RCW 79.01.652 and 1927 c 255 s 163 are each amended to
read as follows:
The ((commissioner of public lands)) department is authorized to
execute option contracts and leases for the mining and extraction of
coal from any public lands of the state, or to which it may hereafter
acquire title, or from any lands sold or leased by the state the
minerals of which have been reserved by the state.
Sec. 415 RCW 79.01.656 and 1927 c 255 s 164 are each amended to
read as follows:
Any citizen of the United States believing coal to exist upon any
of the lands described in the preceding section may apply to the
((commissioner of public lands)) department for an option contract for
any amount not exceeding one section for prospecting purposes, such
application to be made by legal subdivision according to the public
land surveys. The applicant shall pay to the ((commissioner of public
lands)) department, at the time of filing ((his)) the application, the
sum of one dollar an acre for the lands applied for, but in no case
less than fifty dollars. In case of the refusal of the
((commissioner)) department to execute an option contract for the
lands, any remainder of the sum so paid, after deducting the expense
incurred by the ((commissioner)) department in investigating the
character of the land, shall be returned to the applicant.
Sec. 416 RCW 79.01.660 and 1927 c 255 s 165 are each amended to
read as follows:
(1) Upon the filing of any such application, the ((commissioner of
public lands)) department shall forthwith investigate the character of
the lands applied for, and if, from such investigation, ((he)) it deems
it to be in the best interests of the state ((he)), it shall enter into
an option contract with the applicant.
(2) The holder of any option contract shall be entitled, during the
period of one year from the date thereof, to:
(a) Enter upon the lands and carry on such work of exploration,
examination, and prospecting for coal as may be necessary to determine
the presence of coal upon the lands and the feasibility of mining the
same((. He shall have the right to)); and
(b) Use such timber found upon the lands and owned by the state as
may be necessary for steam purposes and timbering in the examination
and prospecting of such lands((: PROVIDED, That)). However, this
provision shall not be construed to require the state to withhold any
such timber from sale.
(3) No coal shall be removed from such lands during the period of
such option contract except for samples and testing.
(4) At the expiration of the option contract, the applicant shall
fill or cover in a substantial manner all prospect holes and shafts, or
surround the same with substantial fences, and shall file with the
((commissioner of public lands)) department a report showing in detail
the result of ((his)) the applicant's investigation and prospecting.
Sec. 417 RCW 79.01.664 and 1927 c 255 s 166 are each amended to
read as follows:
In the case of lands which the state may have sold or leased and
reserved the mineral rights therein, if the holder of any option
contract or lease ((shall be)) is unable to agree with the owner or
prior lessee of the lands, ((he)) the holder shall have a right of
action in the superior court of the county in which the land is
situated to ascertain and determine the amount of damages which will
accrue to such owner or lessee of the land by reason of the entry
thereon and prospecting for or mining coal, as the case may be. In the
event of any such action, the term of the option contract or lease
shall begin thirty days after the entry of the final judgment in such
action.
Sec. 418 RCW 79.01.668 and 1985 c 459 s 1 are each amended to
read as follows:
At any time during the life of the option contract, the holder
thereof may apply to the ((commissioner of public lands)) department
for a coal mining lease of the lands included therein, or such portion
thereof as ((he)) the holder may specify, for the purpose of mining and
extraction of coal therefrom. Such coal mining lease shall be for such
term, not more than twenty years, and in such form as may be prescribed
by the ((commissioner of public lands)) department, shall entitle the
lessee to mine and sell and dispose of all coal underlying said lands
and to occupy and use so much of the surface thereof as may be
necessary for bunkers and other outside works, and for railroads,
buildings, appliances, and appurtenances in connection with the mining
operations. Such lease shall provide for the payment to the state of
a royalty, according to the grade of coal, for each ton of two thousand
pounds of merchantable coal taken from the lands, as follows: For
lignite coal of the class commonly found in Lewis and Thurston
counties, not less than ten cents per ton; for subbituminous coal, not
less than fifteen cents per ton; for high grade bituminous and coking
coals, not less than twenty cents per ton; but such lease shall provide
for the payment each year of a minimum royalty of not less than one nor
more than ten dollars an acre for the lands covered thereby((:
PROVIDED, That the commissioner of public lands)). However, the
department may agree with the lessee that said minimum royalty shall be
graduated for the different years of said lease so that a lower minimum
royalty shall be paid during the earlier years of the term. The
minimum royalty fixed in the lease shall be paid in advance each year,
and the lessee, at stated periods during the term of the lease, fixed
by the ((commissioner)) department, shall furnish to the ((commissioner
of public lands)) department a written report under oath showing the
amount of merchantable coal taken from the land during the period
covered by such report and shall remit therewith such sum in excess of
the minimum royalty theretofore paid for the current year as may be
payable as royalty for the period covered by such report.
The ((commissioner)) department shall incorporate in every lease
such provisions and conditions not inconsistent with the provisions of
this chapter and not inconsistent with good coal mining practice as
((he shall)) it deems necessary and proper for the protection of the
state, and, in addition thereto, the ((commissioner shall be))
department is empowered to ((prescribe)) adopt such rules ((and
regulations)), not inconsistent with this chapter and not inconsistent
with good mining practice, governing the manner and methods of mining
as in ((his)) its judgment are necessary and proper.
Sec. 419 RCW 79.01.672 and 1927 c 255 s 168 are each amended to
read as follows:
In the case of lands known to contain workable coal, the
((commissioner)) department may, in ((his)) its discretion, issue coal
mining leases under the foregoing provisions although no option
contract has been theretofore issued for such lands.
Sec. 420 RCW 79.01.676 and 1927 c 255 s 169 are each amended to
read as follows:
The commissioner ((of public lands)) or any person designated by
((him shall have)) the commissioner has the right at any time to enter
upon the lands and inspect and examine the structures, works, and mines
situated thereon, and ((shall)) also ((have)) has the right to examine
such books, records, and accounts of the lessee as are directly
connected with the operation of the mine on the property under lease
from the state; but it shall be unlawful for the commissioner or any
person so appointed to disclose any information thus obtained to any
person other than the commissioner ((of public lands and his
employees)) or an employee of the department, except the attorney
general and prosecuting attorneys of the state.
Sec. 421 RCW 79.01.680 and 1927 c 255 s 170 are each amended to
read as follows:
The state shall have the right to sell or otherwise dispose of any
timber, stone, or other valuable materials, except coal, found upon the
land during the period covered by any option contract, or lease issued
under the foregoing provisions, with the right to enter upon such lands
and cut and remove the same, and shall not be obliged to withhold from
sale any timber for coal mining or prospecting purposes((: PROVIDED,
That)). However, the lessee shall be permitted to use in ((his))
mining operations any timber found upon the land, first paying therefor
to the ((commissioner of public lands)) department the value thereof as
fixed by ((said commissioner: AND PROVIDED FURTHER, That)) the
department. Further, any bill of sale for the removal of timber,
stone, or other material given subsequent to the coal lease shall
contain provisions preventing any interference with the operations of
the coal lease.
Sec. 422 RCW 79.01.684 and 1927 c 255 s 171 are each amended to
read as follows:
Should the lessee for any reason, except strikes or inability to
mine or dispose of ((his)) output without loss, suspend mining
operations upon the lands included in ((his)) a lease, or upon any
contiguous lands operated by ((him)) the lessee in connection
therewith, for a period of six months, or should the lessee for any
reason suspend mining operations upon the lands included in ((his)) a
lease or in such contiguous lands for a period of twelve months, the
((commissioner of public lands)) department may, at ((his)) its option,
cancel the lease, first giving thirty days' notice in writing to the
lessee.
The lessee shall have the right to terminate the lease after thirty
days' written notice to the ((commissioner of public lands)) department
and the payment of all royalties and rentals then due.
Sec. 423 RCW 79.01.688 and 1927 c 255 s 172 are each amended to
read as follows:
Upon the termination of any lease issued under the foregoing
provisions, the lessee shall surrender the lands and premises and leave
in good order and repair all shafts, slopes, airways, tunnels, and
watercourses then in use. Unless the coal therein is exhausted, ((he))
the lessee shall also, as far as it is reasonably practicable so to do,
leave open to the face all main entries then in use so that the work of
further development and operation may not be unnecessarily hampered.
((He)) The lessee shall also leave on the premises all buildings and
other structures, but shall have the right to, without damage to such
buildings and structures, remove all tracks, machinery, and other
personal property.
Sec. 424 RCW 79.01.692 and 1927 c 255 s 173 are each amended to
read as follows:
If at the expiration of any lease for the mining and extraction of
coal or any renewal thereof the lessee desires to re-lease the lands
covered thereby, ((he)) the lessee may make application to the
((commissioner of public lands)) department for a re-lease. Such
application shall be in writing and under oath, setting forth the
extent, character, and value of all improvements, development work, and
structures existing upon the land. The ((commissioner of public
lands)) department may on the filing of such application cause the
lands to be inspected, and if ((he)) the department deems it for the
best interests of the state to re-lease said lands, ((he)) it shall fix
the royalties for the ensuing term in accordance with the foregoing
provisions relating to original leases, and issue to the applicant a
renewal lease for a further term; such application for a release when
received from the lessee, or successor of any lessee, who has in good
faith developed and improved the property in a substantial manner
during ((his)) the original lease to be given preference on equal terms
against the application of any new applicant.
Sec. 425 RCW 79.01.696 and 1927 c 255 s 174 are each amended to
read as follows:
It shall be unlawful for the holder of any coal mining option
contract, or any lessee, to commit any waste upon the lands embraced
therein, except as may be incident to ((his)) the work of prospecting
or mining by the option contract holder or lessee.
Sec. 426 RCW 79.01.708 and 1988 c 128 s 57 are each amended to
read as follows:
All maps, plats, and field notes of surveys, required to be made by
this ((chapter)) title shall, after approval by the department ((of
natural resources, or the commissioner of public lands, as the case may
be)), be deposited and filed in the office of the ((commissioner of
public lands)) department, ((who)) which shall keep a careful and
complete record and index of all maps, plats, and field notes of
surveys in ((his)) its possession, in well bound books, which shall at
all times be open to public inspection.
Sec. 427 RCW 79.01.712 and 1988 c 128 s 58 are each amended to
read as follows:
All notices, orders, contracts, certificates, rules and
regulations, or other documents or papers made and issued by or on
behalf of the department ((of natural resources)), or the commissioner
((of public lands)), as provided in this ((chapter)) title, shall be
authenticated by a seal whereon shall be the vignette of George
Washington, with the words "Seal of the commissioner of public lands,
State of Washington."
Sec. 428 RCW 79.01.720 and 1979 ex.s. c 109 s 18 are each amended
to read as follows:
The ((commissioner of public lands for services performed by him,))
department may charge and collect fees as determined by the board ((of
natural resources)) for each category of services performed based on
costs incurred.
Sec. 429 RCW 79.01.724 and 1979 ex.s. c 109 s 19 are each amended
to read as follows:
The ((commissioner of public lands)) department shall keep a fee
book, in which shall be entered all fees received ((by him)), with the
date paid and the name of the person paying the same, and the nature of
the services rendered for which the fee is charged, which book shall be
verified monthly by ((his)) affidavit entered therein((, and)). All
fees collected by ((him)) the department shall be paid into the state
treasury, as applicable, to the ((RMCA within the general fund))
resource management cost account created in RCW 79.64.020 (as
recodified by this act), the forest development account created in RCW
76.12.110 (as recodified by this act), or the agricultural college
trust management account fund as established under RCW 79.64.090 (as
recodified by this act), and the receipt of the state treasurer taken
((therefor)) and retained in the department's Olympia office ((of the
commissioner of public lands)) as a voucher.
Sec. 430 RCW 79.01.728 and 1927 c 255 s 192 are each amended to
read as follows:
(1) When any public land of the state ((as defined in this chapter
shall have been assessed)) is offered for sale and the state has paid
assessments for local improvements, or ((for)) benefits, ((by)) to any
municipal corporation authorized by law to assess the same, ((and
such)) the amount of the assessments ((have been)) paid by the state((,
and such land is offered for sale, there)) shall be added to the
appraised value of such land((, appraised as provided by this
chapter,)).
(2) The amount of assessments paid by the state((, which amount so
added)) shall be paid by the purchaser((,)) in addition to the amount
due the state for the land.
(3) In case of sale((,)) by contract under RCW 79.08.110 (as
recodified by this act) the purchaser may pay the assessments in equal
annual installments at the same time, and with the same rate of
interest upon deferred payments, as the installments of the purchase
price for the land are paid((, in addition to the amounts otherwise due
to the state for said land, and)).
(4) No deed shall be executed until such assessments have been
paid.
Sec. 431 RCW 79.01.736 and 1959 c 257 s 40 are each amended to
read as follows:
It shall be the duty of the attorney general, to institute, or
defend, any action or proceeding to which the state, or the
commissioner ((of public lands,)) or the board ((of natural
resources)), is or may be a party, or in which the interests of the
state are involved, in any court of this state, or any other state, or
of the United States, or in any department of the United States, or
before any board or tribunal, when requested so to do by the
commissioner ((of public lands)), or the board ((of natural
resources)), or upon ((his)) the attorney general's own initiative.
The commissioner ((of public lands)) is authorized to represent the
state in any such action or proceeding relating to any public lands of
the state.
Sec. 432 RCW 79.01.740 and 1982 1st ex.s. c 21 s 177 are each
amended to read as follows:
The department ((of natural resources)) may review and reconsider
any of its official acts relating to state lands until such time as a
lease, contract, or deed shall have been made, executed, and finally
issued, and the department may recall any lease, contract, or deed
issued for the purpose of correcting mistakes or errors, or supplying
omissions.
Sec. 433 RCW 79.01.744 and 1997 c 448 s 3 are each amended to
read as follows:
(1) It shall be the duty of the ((commissioner of public lands))
department to report, and recommend, to each session of the
legislature, any changes in the law relating to the methods of handling
the public lands of the state that ((he)) the department may deem
advisable.
(2) The ((commissioner of public lands)) department shall provide
a comprehensive biennial report to reflect the previous fiscal period.
The report shall include, but not be limited to, descriptions of all
department activities including: Revenues generated, program costs,
capital expenditures, personnel, special projects, new and ongoing
research, environmental controls, cooperative projects,
intergovernmental agreements, the adopted sustainable harvest compared
to the sales program, and outlines of ongoing litigation, recent court
decisions, and orders on major issues with the potential for state
liability. The report shall describe the status of the resources
managed and the recreational and commercial utilization. The report
shall be given to the chairs of the house and senate committees on ways
and means and the house and senate committees on natural resources,
including one copy to the staff of each of the committees, and shall be
made available to the public.
(3) The ((commissioner of public lands)) department shall provide
annual reports to the respective trust beneficiaries, including each
county. The report shall include, but not be limited to, the
following: Acres sold, acres harvested, volume from those acres, acres
planted, number of stems per acre, acres precommercially thinned, acres
commercially thinned, acres partially cut, acres clear cut, age of
final rotation for acres clear cut, and the total number of acres off
base for harvest and an explanation of why those acres are off base for
harvest.
Sec. 434 RCW 79.01.752 and 1927 c 255 s 198 are each amended to
read as follows:
Every person being in lawful possession of any public lands of the
state, under and by virtue of any lease or contract of purchase from
the state, cuts down, destroys, or injures, or causes to be cut down,
destroyed, or injured, any timber standing or growing thereon, or takes
or removes, or causes to be taken or removed, therefrom, any wood or
timber lying thereon, or maliciously injures or severs anything
attached thereto, or the produce thereof, or digs, quarries, mines,
takes, or removes therefrom, any earth, soil, clay, sand, gravel,
stone, mineral, or other valuable material, or causes the same to be
done, or otherwise injures, defaces, or damages, or causes to be
injured, defaced, or damaged, any such lands unless expressly
authorized so to do by the lease or contract under which ((he holds))
possession of such lands is held, or by the provisions of law under and
by virtue of which such lease or contract was issued, shall be guilty
of a misdemeanor.
Sec. 435 RCW 79.01.760 and 1994 c 280 s 2 are each amended to
read as follows:
(1) Every person who, without authorization, uses or occupies
public lands, removes any valuable material as defined in RCW 79.01.038
(as recodified by this act) from public lands, or causes waste or
damage to public lands, or injures publicly owned personal property or
publicly owned improvements to real property on public lands, is liable
to the state for treble the amount of the damages. However, liability
shall be for single damages if the department ((of natural resources))
determines, or the person proves upon trial, that the person, at time
of the unauthorized act or acts, did not know, or have reason to know,
that he or she lacked authorization. Damages recoverable under this
section include, but are not limited to, the market value of the use,
occupancy, or things removed, had the use, occupancy, or removal been
authorized; and any damages caused by injury to the land, publicly
owned personal property or publicly owned improvement, including the
costs of restoration. In addition, the person is liable for
reimbursing the state for its reasonable costs, including but not
limited to, its administrative costs, survey costs to the extent they
are not included in damages awarded for restoration costs, and its
reasonable attorneys' fees and other legal costs.
(2) This section does not apply in any case where liability for
damages is provided under RCW 64.12.030, 4.24.630, 79.01.756 (as
recodified by this act), or 79.40.070 (as recodified by this act).
(3) The department ((of natural resources)) is authorized and
directed to investigate all trespasses and wastes upon, and damages to,
public lands of the state, and to cause prosecutions for, and/,)) the same((,)) to be commenced as is
provided by law.
Sec. 436 RCW 79.01.765 and 1994 c 56 s 1 are each amended to read
as follows:
The department ((of natural resources)) is authorized to offer and
pay a reward not to exceed ten thousand dollars in each case for
information regarding violations of any statute or rule relating to the
state's public lands and natural resources on those lands, except
forest practices under chapter 76.09 RCW. No reward may be paid to any
federal, state, or local government or agency employees for information
obtained by them in the normal course of their employment. The
department ((of natural resources)) is authorized to adopt rules in
pursuit of its authority under this section to determine the
appropriate account or fund from which to pay the reward. The
department is also authorized to adopt rules establishing the criteria
for paying a reward and the amount to be paid. No appropriation shall
be required for disbursement.
Sec. 437 RCW 79.01.770 and 1985 c 200 s 1 are each amended to
read as follows:
Notwithstanding the provisions of RCW 79.01.096 (as recodified by
this act) or any other provision of law, any school district or
institution of higher education leasing land granted to the state by
the United States and on which land such district or institution has
placed improvements as defined in RCW ((79.01.036)) 79.01.004 (as
recodified by this act) shall be afforded the opportunity by the
department ((of natural resources)) at any time to purchase such land,
excepting land over which the department retains management
responsibilities, for the purposes of schoolhouse construction and/or
necessary supporting facilities or structures at the appraised value
thereof less the value that any improvements thereon added to the value
of the land itself at the time of the sale thereof.
Sec. 438 RCW 79.01.774 and 1990 c 33 s 596 are each amended to
read as follows:
The purchases authorized under RCW 79.01.770 (as recodified by this
act) shall be classified as for the construction of common school plant
facilities under RCW 28A.525.010 through 28A.525.222 and shall be
payable out of the common school construction fund as otherwise
provided for in RCW 28A.515.320 if the school district involved was
under emergency school construction classification as established by
the state board of education at any time during the period of its lease
of state lands.
Sec. 439 RCW 79.01.778 and 1971 ex.s. c 200 s 4 are each amended
to read as follows:
In those cases where the purchases, as authorized by RCW 79.01.770
and 79.01.774 (as recodified by this act), have been made on a ten year
contract, the board ((of natural resources)), if it deems it in the
best interest of the state, may extend the term of any such contract to
not to exceed an additional ten years under such terms and conditions
as the board may determine.
Sec. 440 RCW 79.01.780 and 1971 ex.s. c 200 s 5 are each amended
to read as follows:
Notwithstanding any other provisions of law, annually the board
((of natural resources)) shall determine if lands purchased or leased
by school districts or institutions of higher education under the
provisions of RCW 79.01.096 and 79.01.770 (as recodified by this act)
are being used for school sites. If such land has not been used for
school sites for a period of seven years the title to such land shall
revert to the original trust for which it was held.
Sec. 441 RCW 79.01.784 and 1979 ex.s. c 56 s 1 are each amended
to read as follows:
The purpose of this section is to foster cooperative planning
((between)) among the state ((of Washington)), the department ((of
natural resources)), and local governments as to state-owned lands
under the department's jurisdiction situated in urban areas.
At least once a year, prior to finalizing the department's urban
land leasing action plan, the department and applicable local
governments shall meet to review state and local plans and to
coordinate planning in areas where urban lands are located. The
department and local governments may enter into formal agreements for
the purpose of planning the appropriate development of these state-owned urban lands.
The department shall contact those local governments which have
planning, zoning, and land-use regulation authority over areas where
urban lands under its jurisdiction are located so as to facilitate
these annual or other meetings.
"Urban lands" as used in this section ((shall)) means those areas
which within ten years are expected to be intensively used for
locations of buildings((,)) or structures, and usually have urban
governmental services.
"Local government" as used in this section ((shall)) means
counties, cities, and towns having planning and land-use regulation
authority.
Sec. 442 RCW 79.01.805 and 1996 c 46 s 1 are each amended to read
as follows:
(1) The maximum daily wet weight harvest or possession of seaweed
for personal use from all aquatic lands as defined under RCW 79.90.010
and all privately owned tidelands is ten pounds per person. The
department ((of natural resources)) in cooperation with the department
of fish and wildlife may establish seaweed harvest limits of less than
ten pounds for conservation purposes. This section shall in no way
affect the ability of any state agency to prevent harvest of any
species of marine aquatic plant from lands under its control,
ownership, or management.
(2) Except as provided under subsection (3) of this section,
commercial harvesting of seaweed from aquatic lands as defined under
RCW 79.90.010, and all privately owned tidelands is prohibited. This
subsection shall in no way affect commercial seaweed aquaculture.
(3) Upon mutual approval by the department and the department of
fish and wildlife, seaweed species of the genus Macrocystis may be
commercially harvested for use in the herring spawn-on-kelp fishery.
(4) Importation of seaweed species of the genus Macrocystis into
Washington state for the herring spawn-on-kelp fishery is subject to
the fish and shellfish disease control policies of the department of
fish and wildlife. Macrocystis shall not be imported from areas with
fish or shellfish diseases associated with organisms that are likely to
be transported with Macrocystis. The department shall incorporate this
policy on Macrocystis importation into its overall fish and shellfish
disease control policies.
Sec. 443 RCW 79.01.810 and 1994 c 286 s 2 are each amended to
read as follows:
It is unlawful to exceed the harvest and possession restrictions
imposed under RCW 79.01.805 (as recodified by this act). A violation
of this section is a misdemeanor punishable in accordance with RCW
9.92.030, and a violation taking place on aquatic lands is subject to
the provisions of RCW 79.01.760 (as recodified by this act). A person
committing a violation of this section on private tidelands which he or
she owns is liable to the state for treble the amount of damages to the
seaweed resource, and a person trespassing on private tidelands and
committing a violation of this section is liable to the private
tideland owner for treble the amount of damages to the seaweed
resource. Damages recoverable include, but are not limited to, damages
for the market value of the seaweed, for injury to the aquatic
ecosystem, and for the costs of restoration. In addition, the person
is liable for reimbursing the injured party for the party's reasonable
costs, including but not limited to investigative costs and reasonable
attorneys' fees and other litigation-related costs.
Sec. 444 RCW 79.01.815 and 1994 c 286 s 3 are each amended to
read as follows:
The department of fish and wildlife and law enforcement authorities
may enforce the provisions of RCW 79.01.805 and 79.01.810 (as
recodified by this act).
Sec. 445 RCW 79.08.015 and 1979 c 54 s 1 are each amended to read
as follows:
Before ((the department of natural resources presents)) a proposed
exchange is presented to the board ((of natural resources)) involving
an exchange of any lands under the administrative control of the
department ((of natural resources)), the department shall hold a public
hearing on the proposal in the county where the state-owned land or the
greatest proportion thereof is located. Ten days but not more than
twenty-five days prior to such hearing, the department shall publish a
paid public notice of reasonable size in display advertising form,
setting forth the date, time, and place of the hearing, at least once
in one or more daily newspapers of general circulation in the county
and at least once in one or more weekly newspapers circulated in the
area where the state-owned land is located. A news release pertaining
to the hearing shall be disseminated among printed and electronic media
in the area where the state-owned land is located. The public notice
and news release also shall identify lands involved in the proposed
exchange and describe the purposes of the exchange and proposed use of
the lands involved. A summary of the testimony presented at the
hearings shall be prepared for the board's consideration when reviewing
the department's exchange proposal. If there is a failure to
substantially comply with the procedures set forth in this section,
then the exchange agreement shall be subject to being declared invalid
by a court. Any such suit must be brought within one year from the
date of the exchange agreement.
Sec. 446 RCW 79.08.070 and 1917 c 66 s 1 are each amended to read
as follows:
For the purpose of securing an area suitable for a demonstration
forest and forest experiment station for the University of Washington
authority is hereby granted the board of regents of the University of
Washington and the ((commissioner of public lands)) department with the
((advice and)) approval of the ((state)) board ((of land
commissioners)), ((all)) acting with the advice and approval of the
attorney general, to exchange all or any portion of the granted lands
of the University of Washington assigned for the support of said
university by section 9 of chapter 122 of the act of March ((14th)) 14,
1893, enacted by the legislature of Washington, being entitled, "An act
providing for the location, construction and maintenance of the
University of Washington, and making an appropriation therefor, and
declaring an emergency," for all or any portion of such lands as may be
acquired by the state under and by virtue of chapter 102, ((of the
Session)) Laws of ((Washington for the year)) 1913, being: "An act
relating to lands granted to the state for common schools and for
educational, penal, reformatory, charitable, capitol buildings and
other purposes providing for the completion of such grants and the
relinquishment of certain granted lands; and making an appropriation,"
approved March ((18th)) 18, 1913, by exchange with the United States in
the Pilchuck-Sultan-Wallace watersheds included within the present
boundaries of the Snoqualmie national forest. ((Said)) The board of
regents and ((commissioner of public lands)) department with the advice
and approval ((aforesaid)) required by this section are hereby
authorized to execute such agreements, writings, or relinquishments as
are necessary or proper for the purpose of carrying said exchange into
effect and such agreements or other writings to be executed in
duplicate, one to be filed with the ((commissioner of public lands))
department and one to be delivered to the ((said)) board of regents.
((Said)) The exchange shall be made upon the basis of equal values to
be determined by careful valuation of the areas to be exchanged.
Sec. 447 RCW 79.08.080 and 1988 c 127 s 33 are each amended to
read as follows:
Whenever application is made to the ((commissioner of public
lands)) department by any incorporated city or town or metropolitan
park district for the use of any state owned tide or shore lands within
the corporate limits of said city or town or metropolitan park district
for municipal park and/or playground purposes, ((he)) the department
shall cause such application to be entered in the records of ((his))
its office, and shall then forward the same to the governor, who shall
appoint a committee of five representative citizens of ((said)) the
city or town, in addition to the commissioner ((of public lands)) and
the director of ecology, both of whom shall be ex officio members of
((said)) the committee, to investigate ((said)) the lands and determine
whether they are suitable and needed for such purposes; and, if they so
find, the ((land)) commissioner shall certify to the governor that the
property shall be deeded, when in accordance with RCW 79.94.150 and
79.94.160, to the ((said)) city or town or metropolitan park district
and the governor shall then execute a deed in the name of the state of
Washington, attested by the secretary of state, conveying the use of
such lands to ((said)) the city or town or metropolitan park district
for said purposes for so long as it shall continue to hold, use, and
maintain ((said)) the lands for such purposes.
Sec. 448 RCW 79.08.090 and 1939 c 157 s 2 are each amended to
read as follows:
In the event there are no state-owned tide or shore lands in any
such city or town or metropolitan park district suitable for such
purposes and the committee finds other lands therein which are suitable
and needed therefor, the ((commissioner of public lands)) department is
hereby authorized to secure the same by exchanging state-owned tide or
shore lands in the same county of equal value therefor, and the use of
the lands so secured shall be conveyed to any such city or town or
metropolitan park district as provided for in RCW 79.08.080 (as
recodified by this act). In all such exchanges the ((commissioner of
public lands shall be and he)) department is hereby authorized and
directed, with the assistance of the attorney general, to execute such
agreements, writings, relinquishments, and deeds as are necessary or
proper for the purpose of carrying such exchanges into effect. Upland
owners shall be notified of such state-owned tide or shore lands to be
exchanged.
Sec. 449 RCW 79.08.110 and 1931 c 105 s 1 are each amended to
read as follows:
Whenever the state shall have heretofore sold or may hereafter sell
any state lands and issued a contract of purchase or executed a deed of
conveyance therefor, in which there is a reservation of all oils,
gases, coal, ores, minerals, and fossils of every kind and of rights in
connection therewith, and the United States of America shall have
acquired for governmental purposes and uses all right, title, claim,
and interest of the purchaser, or grantee, or his or her successors in
interest or assigns, in or to ((said)) the contract or the land
described therein, except such reserved rights, and no oils, gases,
coal, ores, minerals, or fossils of any kind have been discovered or
are known to exist in or upon such lands, the commissioner ((of public
lands)) may, if ((he deems)) it is advisable, cause to be prepared a
deed of conveyance to the United States of America of such reserved
rights, and certify the same to the governor in the manner provided by
law for deeds to state lands, and the governor shall be, and hereby is
authorized to execute, and the secretary of state to attest, a deed of
conveyance for such reserved rights to the United States of America.
Sec. 450 RCW 79.08.120 and 1941 c 66 s 1 are each amended to read
as follows:
State lands may be leased to the United States for national defense
purposes at the fair rental value thereof as determined by the
((commissioner of public lands)) department, for a period of five years
or less. Such leases may be made without competitive bidding at public
auction and without payment in advance by the United States government
of the first year's rental. Such leases otherwise shall be negotiated
and arranged in the same manner as other leases of state lands.
Sec. 451 RCW 79.08.170 and 1991 c 363 s 152 are each amended to
read as follows:
The duties of the county auditor in each county with a population
of two hundred ten thousand or more, with regard to sales and leases
((of the state lands)) dealt with under this title ((79 RCW)) except
RCW 79.01.100 (as recodified by this act), 79.01.104 (as recodified by
this act), and 79.94.040, are transferred to the county treasurer.
Sec. 452 RCW 79.08.180 and 1987 c 113 s 1 are each amended to
read as follows:
The department ((of natural resources)), with the approval of the
board ((of natural resources)), may exchange any state land and any
timber thereon for any land of equal value in order to:
(1) Facilitate the marketing of forest products of state lands;
(2) Consolidate and block-up state lands;
(3) Acquire lands having commercial recreational leasing potential;
(4) Acquire county-owned lands;
(5) Acquire urban property which has greater income potential or
which could be more efficiently managed by the department in exchange
for state urban lands as defined in RCW 79.01.784 (as recodified by
this act); or
(6) Acquire any other lands when such exchange is determined by the
board ((of natural resources)) to be in the best interest of the trust
for which the state land is held.
(7) Land exchanged under this section shall not be used to reduce
the publicly owned forest land base.
(8) The board ((of natural resources)) shall determine that each
land exchange is in the best interest of the trust for which the land
is held prior to authorizing the land exchange.
Sec. 453 RCW 79.08.250 and 1979 c 24 s 1 are each amended to read
as follows:
The department ((of natural resources)) may exchange surplus real
property previously acquired by the department as administrative sites.
The property may be exchanged for any public or private real property
of equal value, to preserve archeological sites on trust lands, to
acquire land to be held in natural preserves, to maintain habitats for
endangered species, or to acquire or enhance sites to be dedicated for
recreational purposes.
Sec. 454 RCW 79.08.260 and 2001 c 150 s 2 are each amended to
read as follows:
(1) The department ((of natural resources)) is authorized to
exchange bedlands abandoned through rechanneling of the Cowlitz river
near the confluence of the Columbia river so that the state obtains
clear title to the Cowlitz river as it now exists or where it may exist
in the future through the processes of erosion and accretion.
(2) The department ((of natural resources)) is also authorized to
exchange bedlands and enter into boundary line agreements to resolve
any disputes that may arise over the location of state-owned lands now
comprising the dike that was created in the 1920s.
(3) For purposes of chapter 150, Laws of 2001, "Cowlitz river near
the confluence of the Columbia river" means those tidelands and
bedlands of the Cowlitz river fronting and abutting sections 10, 11,
and 14, township 7 north, range 2 west, Willamette Meridian and
fronting and abutting the Huntington Donation Land Claim No. 47 and the
Blakeny Donation Land Claim No. 43, township 7 north, range 2 west,
Willamette Meridian.
(4) Nothing in chapter 150, Laws of 2001 shall be deemed to convey
to the department ((of natural resources)) the power of eminent domain.
Sec. 455 RCW 79.08.275 and 2000 c 11 s 23 are each amended to
read as follows:
Except as provided in RCW 79A.05.120 and 79A.05.125, the portion of
the Milwaukee Road corridor from the west end of the bridge structure
over the Columbia river, which point is located in section 34, township
16 north, range 23 east, W.M., to the Idaho border purchased by the
state shall be under the management and control of the department ((of
natural resources)).
Sec. 456 RCW 79.08.275 and 1989 c 129 s 2 are each amended to
read as follows:
The portion of the Milwaukee Road corridor from the west end of the
bridge structure over the Columbia river, which point is located in
section 34, township 16 north, range 23 east, W.M., to the Idaho border
purchased by the state shall be under the management and control of the
department ((of natural resources)).
Sec. 457 RCW 79.08.277 and 1984 c 174 s 7 are each amended to
read as follows:
The portion of the Milwaukee Road corridor under management and
control of the department ((of natural resources)) shall be open to
individuals or organized groups ((which)) that obtain permits from the
department ((of natural resources)) to travel the corridor for
recreational purposes. The department ((of natural resources)) shall,
for the purpose of issuing permits for corridor use, ((promulgate))
adopt rules necessary for the orderly and safe use of the corridor and
protection of adjoining landowners. Permit fees shall be established
at a level that will cover costs of issuance. Upon request of abutting
landowners, the department shall notify the landowners of permits
issued for use of the corridor adjacent to their property.
Sec. 458 RCW 79.08.279 and 1984 c 174 s 8 are each amended to
read as follows:
The department ((of natural resources)) may do the following with
respect to the portion of the Milwaukee Road corridor under its
control:
(1) Enter into agreements to allow the realignment or modification
of public roads, farm crossings, water conveyance facilities, and other
utility crossings;
(2) Regulate activities and restrict uses, including, but not
limited to, closing portions of the corridor to reduce fire danger or
protect public safety in consultation with local legislative
authorities or fire districts;
(3) Place hazard warning signs and close hazardous structures;
(4) Renegotiate deed restrictions upon agreement with affected
parties; and
(5) Approve and process the sale or exchange of lands or easements
if (a) such a sale or exchange will not adversely affect the
recreational, transportation, or utility potential of the corridor and
(b) the department has not entered into a lease of the property in
accordance with RCW 79.08.281 (as recodified by this act).
Sec. 459 RCW 79.08.281 and 1984 c 174 s 9 are each amended to
read as follows:
(1) The department ((of natural resources)) shall offer to lease,
and shall subsequently lease if a reasonable offer is made, portions of
the Milwaukee Road corridor under its control to the person who owns or
controls the adjoining land for periods of up to ten years commencing
with June 7, 1984. The lessee shall assume the responsibility for fire
protection, weed control, and maintenance of water conveyance
facilities and culverts. The leases shall follow standard department
((of natural resources)) leasing procedures, with the following
exceptions:
(a) The lessee may restrict public access pursuant to RCW 79.08.277
(as recodified by this act) and ((79.08.281(3))) subsection (3) of this
section.
(b) The right of renewal shall be to the current lessee if the
lessee still owns or controls the adjoining lands.
(c) If two persons own or control opposite sides of the corridor,
each person shall be eligible for equal portions of the available
property.
(2) The department ((of natural resources)) has the authority to
renew leases in existence on June 7, 1984.
(3) The leases shall contain a provision allowing the department
((of natural resources)) to issue permits to travel the corridor for
recreational purposes.
(4) Unleased portions of the Milwaukee Road property under this
section shall be managed by the department ((of natural resources)).
On these unleased portions, the department solely shall be responsible
for weed control, culvert, bridge, and other necessary maintenance and
fire protection services. The department shall place hazard warning
signs and close hazardous structures on unleased portions and shall
regulate activities and restrict uses, including closing the corridor
during seasons of high fire danger.
Sec. 460 RCW 79.08.283 and 1984 c 174 s 10 are each amended to
read as follows:
The state, through the department ((of natural resources)), shall
reserve the right to terminate a lease entered into pursuant to RCW
79.08.281 (as recodified by this act) or modify authorized uses of the
corridor for future recreation, transportation, or utility uses. If
the state elects to terminate the lease, the state shall provide the
lessee with a minimum of six months' notice.
Sec. 461 RCW 79.12.015 and 1988 c 209 s 1 are each amended to
read as follows:
The department ((of natural resources)) leases state lands and
space on towers located on state lands to amateur radio operators for
their repeater stations. These sites are necessary to maintain
emergency communications for public safety and for use in disaster
relief and search and rescue support.
The licensed amateur radio operators of the state provide thousands
of hours of public communications service to the state every year.
Their communication network spans the entire state, based in individual
residences and linked across the state through a series of mountain-top
repeater stations. The amateur radio operators install and maintain
their radios and the electronic repeater stations at their own expense.
The amateur radio operators who use their equipment to perform public
services should not bear the sole responsibility for supporting the
electronic repeater stations.
In recognition of the essential role performed by the amateur radio
operators in emergency communications, the legislature intends to
reduce the rental fee paid by the amateur radio operators while
assuring the department ((of natural resources)) full market rental for
the use of state-owned property.
Sec. 462 RCW 79.12.025 and 1995 c 105 s 1 are each amended to
read as follows:
The department ((of natural resources)) shall determine the lease
rate for amateur radio electronic repeater sites and units available
for public service communication. For the amateur operator to qualify
for a rent of one hundred dollars per year per site, the amateur
operator shall do one of the following: (1) Register and remain in
good standing with the state's radio amateur civil emergency services
and amateur radio emergency services organizations, or (2) if an
amateur group, sign a statement of public service developed by the
department.
The legislature's biennial appropriations shall account for the
estimated difference between the one hundred dollar per year, per site,
per lessee paid by the qualified amateur operators and the fair market
amateur rent, as established by the department.
The amateur radio regulatory authority approved by the federal
communication commission shall assign the radio frequencies used by
amateur radio lessees. The department shall develop guidelines to
determine which lessees are to receive reduced rental fees as moneys
are available by legislative appropriation to pay a portion of the rent
for electronic repeaters operated by amateur radio operators.
Sec. 463 RCW 79.12.035 and 1988 c 70 s 3 are each amended to read
as follows:
(1) The department ((of natural resources)) is authorized to:
(a) Determine the total present account balance with interest of
the interfund loans made by the resource management cost account to the
forest development account in accordance with generally accepted
accounting principles;
(b) Subject to approval of the board ((of natural resources)),
effectuate a transfer of timber cutting rights on ((forest board
purchase)) state forest lands acquired under RCW 76.12.020 (as
recodified by this act) to the federal land grant trusts in such
proportion that each trust receives full and fair market value for the
interfund loans and is fully repaid or so much thereof as possible
within distribution constraints described in subsection (2) of this
section.
(2) After the effective date of the transfer authorized by
subsection (1)(b) of this section and until the exercise of the cutting
rights on the timber transferred has been fully satisfied, the
distribution of revenue from timber management activities on ((forest
board purchase)) state forest lands acquired under RCW 76.12.020 (as
recodified by this act) on which cutting rights have been transferred
shall be as follows:
(a) As determined by the board ((of natural resources)), an amount
no greater than thirty-three and three-tenths percent to be distributed
to the federal land grant trust accounts and resource management cost
account as directed by RCW 79.64.040 and 79.64.050 (as recodified by
this act);
(b) As determined by the board ((of natural resources)), an amount
not less than sixteen and seven-tenths percent to the forest
development account;
(c) Fifty percent to be distributed as provided in ((RCW
76.12.120(2))) section 207 of this act.
Sec. 464 RCW 79.12.055 and 1994 c 294 s 1 are each amended to
read as follows:
The department ((of natural resources)) shall determine the fair
market rental rate for leases to nonprofit television reception
improvement districts. It is the intent of the legislature to
appropriate general funds to pay a portion of the rent charged to
nonprofit television reception improvement districts. It is the
further intent of the legislature that such a lessee pay an annual
lease rent of fifty percent of the fair market rental rate, as long as
there is a general fund appropriation to compensate the trusts for the
remainder of the fair market rental rate.
Sec. 465 RCW 79.12.095 and 1991 c 76 s 3 are each amended to read
as follows:
In an effort to increase potential revenue to the geothermal
account, the department ((of natural resources)) shall, by December 1,
1991, adopt rules providing guidelines and procedures for leasing
state-owned land for the development of geothermal resources.
Sec. 466 RCW 79.12.570 and 1979 ex.s. c 109 s 20 are each amended
to read as follows:
The ((commissioner of public lands)) department may lease state
lands on a share crop basis. ((Share crop leases shall be on such
terms and conditions and for such length of time, not to exceed ten
years, as the commissioner may prescribe.)) Upon receipt of a written
application to lease state lands, the ((commissioner)) department shall
make such investigations as ((he shall)) it deems necessary ((and)).
If ((he)) the department finds that such a lease would be advantageous
to the state, ((he)) it may proceed with the leasing of such lands on
((said basis)) such terms and conditions as other state lands are
leased.
Sec. 467 RCW 79.12.600 and 2000 c 18 s 1 are each amended to read
as follows:
When crops that are covered by a share crop lease are harvested,
the lessee shall give written notice to the ((commissioner)) department
that the crop is being harvested, and shall also give to the
((commissioner)) department the name and address of the warehouse or
elevator to which such crops are sold or in which such crops will be
stored. The lessee shall also serve on the owner of such warehouse or
elevator a written copy of so much of the lease as shall show the
percentage of division of the proceeds of such crop as between lessee
and lessor. The owner of such warehouse or elevator shall make out a
warehouse receipt, which receipt may be negotiable or nonnegotiable as
directed by the state, showing the percentage of crops belonging to the
state, and the respective gross and net amounts, grade, and location
thereof, and shall deliver to the ((commissioner)) department the
receipt for the state's percentage of such crops within ten days after
the owner has received such instructions.
Sec. 468 RCW 79.12.610 and 1977 c 20 s 1 are each amended to read
as follows:
The ((commissioner)) department shall sell the crops covered by the
warehouse receipt required in RCW 79.12.600 (as recodified by this act)
and may comply with the provisions of any federal act or the regulation
of any federal agency with relation to the storage or disposition of
((said grain or peas)) the crop.
Sec. 469 RCW 79.12.620 and 1949 c 203 s 6 are each amended to
read as follows:
The lessee under any share crop lease issued ((under the provisions
of RCW 79.12.570 through 79.12.630)) by the department shall notify the
((commissioner of public lands)) department as soon as an estimated
yield of the crop can be obtained((, such)). The estimate ((to)) must
be immediately submitted to the ((commissioner)) department, ((who))
which is hereby authorized to insure the crop from loss by fire or
hail. The cost of such insurance shall be paid by the state and lessee
on the same basis as the crop returns to which each is entitled.
Sec. 470 RCW 79.12.630 and 1949 c 203 s 7 are each amended to
read as follows:
RCW 79.12.570 through 79.12.630 (as recodified by this act) shall
not repeal the provisions of the general leasing statutes of the state
of Washington and all of the general provisions of such statutes with
reference to filing of applications, deposits required therewith,
forfeiture of deposits, cancellation of leases for noncompliance and
general procedures shall apply to all leases issued under the
provisions of RCW 79.12.570 through 79.12.630 (as recodified by this
act).
Sec. 471 RCW 79.14.010 and 1967 c 163 s 6 are each amended to
read as follows:
((Whenever used in)) As used in this chapter, ((unless the context
otherwise requires, words and terms shall have the meaning attributed
to them herein:)) "public lands"((
(1):)) means lands and areas belonging to or
held in trust by the state, including tide and submerged lands of the
Pacific Ocean or any arm thereof and lands of every kind and nature
including mineral rights reserved to the state.
(((2) "Commissioner": The commissioner of public lands of the
state of Washington.))
Sec. 472 RCW 79.14.020 and 1986 c 34 s 1 are each amended to read
as follows:
The ((commissioner)) department is authorized to lease public lands
for the purpose of prospecting for, developing, and producing oil, gas,
or other hydrocarbon substances. Each such lease is to be composed of
not more than six hundred forty acres or an entire government surveyed
section, except a lease on river bed, lake bed, tide and submerged
lands which is to be composed of not more than one thousand nine
hundred twenty acres. All leases shall contain such terms and
conditions as may be prescribed by the rules ((and regulations))
adopted by the commissioner in accordance with the provisions of this
chapter. Leases may be for an initial term of from five up to ten
years and shall be extended for so long thereafter as lessee shall
comply with one of the following conditions: (1) Prosecute development
on the leased land with the due diligence of a prudent operator upon
encountering oil, gas, or other hydrocarbon substances((,)); (2)
produce any of said substances from the leased lands((,)); (3) engage
in drilling, deepening, repairing, or redrilling any well thereon((,));
or (4) participate in a unit plan to which the commissioner has
consented under RCW 78.52.450.
Sec. 473 RCW 79.14.030 and 1985 c 459 s 3 are each amended to
read as follows:
The department ((of natural resources)) shall require as a
prerequisite to the issuing of any lease a rental as set by the board
((of natural resources)) but not less than one dollar and twenty-five
cents per acre or such prorated share of the rental per acre as the
state's mineral rights ownership for the first year of such lease,
payable in advance to the department ((of natural resources)) at the
time the lease is awarded and a like rental annually in advance
thereafter so long as such lease remains in force((: PROVIDED, That
such)). However, the rental shall cease at such time as royalty
accrues to the state from production from such lease. Commencing with
the lease year beginning on or after oil, gas, or other hydrocarbon
substances are first produced in quantities deemed paying quantities by
lessee on the land subject to such lease, lessee shall pay a minimum
royalty as set by the board ((of natural resources)) but not less than
five dollars per acre or fraction thereof or such prorated share of the
rental per acre as the state's mineral rights ownership at the
expiration of each year. Royalties payable by the lessee shall be the
royalties from production as provided for in RCW 79.14.070 (as
recodified by this act) or the minimum royalty provided herein,
whichever is greater((: PROVIDED, That)). However, if such a lease is
unitized, the minimum royalty shall be payable only on the leased
acreage after production is obtained in such paying quantities from
such lease.
Sec. 474 RCW 79.14.040 and 1955 c 131 s 4 are each amended to
read as follows:
No lessee shall commence any operation upon lands covered by
((his)) the lease until such lessee has provided for compensation to
owners of private rights therein according to law, or in lieu thereof,
filed a surety bond with the ((commissioner)) department in an amount
sufficient in the opinion of the commissioner to cover such
compensation until the amount of compensation is determined by
agreement, arbitration, or judicial decision and has provided for
compensation to the state of Washington for damage to the surface
rights of the state in accordance with the rules ((and regulations))
adopted by the ((commissioner)) department.
Sec. 475 RCW 79.14.080 and 1955 c 131 s 8 are each amended to
read as follows:
Oil and gas leases shall not be issued on unleased lands which have
been classified by the ((commissioner)) department as being within a
known geologic structure of a producing oil or gas field, except as
follows: Upon application of any person, the ((commissioner))
department shall lease in areas not exceeding six hundred forty acres,
at public auction, any or all unleased lands within such geologic
structure to the person offering the greatest cash bonus therefor at
such auction. Notice of the offer of such lands for lease will be
given by publication in a newspaper of general circulation in Olympia,
Washington, and in such other publications as the ((commissioner))
department may authorize. The first publication shall be at least
thirty days prior to the date of sale.
Sec. 476 RCW 79.14.090 and 1955 c 131 s 9 are each amended to
read as follows:
The ((commissioner)) department is ((hereby)) authorized to cancel
any lease issued as provided ((herein)) in this section for nonpayment
of rentals or royalties or nonperformance by the lessee of any
provision or requirement of the lease((: PROVIDED, That)). However,
before any such cancellation ((shall be)) is made, the ((commissioner))
department shall mail to the lessee by registered mail, addressed to
the post office address of such lessee shown by the records of the
((office of the commissioner)) department, a notice of intention to
cancel such lease specifying the default for which the lease is subject
to cancellation. If lessee shall, within thirty days after the mailing
of said notice to the lessee, commence and thereafter diligently and in
good faith prosecute the remedying of the default specified in such
notice, then no cancellation of the lease shall be entered by the
((commissioner)) department. Otherwise, the ((said)) cancellation
shall be made and all rights of the lessee under the lease shall
automatically terminate, except that lessee shall retain the right to
continue its possession and operation of any well or wells in regard to
which lessee is not in default((: PROVIDED FURTHER, That)). Further,
failure to pay rental and royalty required under leases within the time
prescribed therein shall automatically and without notice work a
forfeiture of such leases and of all rights thereunder. Upon the
expiration, forfeiture, or surrender of any lease, no new lease
covering the lands or any of them embraced by such expired, forfeited,
or surrendered lease, shall be issued for a period of ten days
following the date of such expiration, forfeiture, or surrender. If
more than one application for a lease covering such lands or any of
them shall be made during such ten-day period the ((commissioner))
department shall issue a lease to such lands or any of them to the
person offering the greatest cash bonus for such lease at a public
auction to be held at the time and place and in the manner as the
((commissioner)) department shall ((by regulation prescribe)) adopt by
rule.
Sec. 477 RCW 79.14.100 and 1955 c 131 s 10 are each amended to
read as follows:
For the purpose of more properly conserving the natural resources
of any oil or gas pool, field, or like area, lessees thereon and their
representatives may unite with each other, or jointly or separately
with others, in collectively adopting and operating under a cooperative
(([or])) or unit plan of development or operation of such pool, field,
or like area, or any part thereof, whenever determined and certified by
((commissioner)) the department to be necessary or advisable in the
public interest. The ((commissioner)) department is ((thereunto))
authorized, in ((his)) its discretion, with the consent of the holders
of leases involved, in order to conform with the terms and conditions
of any such cooperative or unit plan to establish, alter, change, or
revoke exploration, drilling, producing, rental, and royalty
requirements of such leases with like consent on the part of the
lessees, in connection with the institution and operation of any such
cooperative or unit plan as ((he)) the department may deem necessary or
proper to secure the proper protection of the public interest.
When separate tracts cannot be independently developed and operated
in conformity with an established well spacing or development program,
any lease or any portion thereof may be pooled with other lands,
whether or not owned by the state of Washington under a communization
or drilling agreement providing for an apportionment of production or
royalties among the separate tracts of land comprising the drilling or
spacing unit when determined by the ((commissioner)) department to be
in the public interest, and operations or production pursuant to such
an agreement shall be deemed to be operations or production as to each
such lease committed thereto.
The term of any lease that has become the subject of any
cooperative or unit plan of development or operation of a pool, field,
or like area, which plan has the approval of the ((commissioner))
department, shall continue in force until the termination of such plan,
and in the event such plan is terminated prior to the expiration of any
such lease, the original term of such lease shall continue. Any lease
under this chapter hereinafter committed to any such plan embracing
lands that are in part within and in part outside of the area covered
by any such plan, shall be segregated in separate leases as to the
lands committed and the land not committed as of the effective date of
unitization.
Sec. 478 RCW 79.14.110 and 1955 c 131 s 11 are each amended to
read as follows:
The ((commissioner)) department is authorized to insert in any
lease issued under the provisions of this chapter such terms as are
customary and proper for the protection of the rights of the state and
of the lessee and of the owners of the surface of the leased lands not
in conflict with the provisions of this chapter.
Sec. 479 RCW 79.14.120 and 1955 c 131 s 12 are each amended to
read as follows:
The ((commissioner)) department is required to ((prescribe)) adopt
and publish, for the information of the public, all reasonable rules
((and regulations)) necessary for carrying out the provisions of this
chapter. ((He)) The department may amend or rescind any rule ((or
regulation promulgated by him)) adopted under the authority contained
((herein: PROVIDED, That)) in this section. However, no rule ((or
regulation)) or amendment of the same or any order rescinding any rule
((or regulation)) shall become effective until after thirty days from
the ((promulgation)) adoption of the same by publication in a newspaper
of general circulation published at the state capitol and shall take
effect and be in force at times specified therein. All rules ((and
regulations)) of the ((commissioner)) department and all amendments or
revocations of existing rules ((and regulations)) shall be recorded in
an appropriate book or books, shall be adequately indexed, and shall be
kept in the office of the ((commissioner)) department and shall
constitute a public record. Such rules ((and regulations)) of the
((commissioner)) department shall be printed in pamphlet form and
furnished to the public free of cost.
Sec. 480 RCW 79.14.130 and 1955 c 131 s 13 are each amended to
read as follows:
Each lease issued under this chapter shall provide that without the
approval of the ((commissioner)) department, no well shall be drilled
on the lands demised thereby in such manner or at such location that
the producing interval thereof shall be less than three hundred thirty
feet from any of the outer boundaries of the demised lands, except that
if the right to oil, gas, or other hydrocarbons underlying adjoining
lands be vested in private ownership, such approval shall not be
required.
Sec. 481 RCW 79.14.140 and 1955 c 131 s 14 are each amended to
read as follows:
Any person granted a lease under the provisions of this chapter
shall have a right of way over public lands, as provided by law, when
necessary, for the drilling, recovering, saving, and marketing of oil,
gas, or other hydrocarbons. Before any such right of way grant shall
become effective, a written application for, and a plat showing the
location of((,)) such a right of way((,)) and the land necessary for
the well site and drilling operations, with reference to adjoining
lands, shall be filed with the ((commissioner)) department. All timber
on ((said)) the right of way and the land necessary for the drilling
operation, shall be appraised by the commissioner and paid for in money
by the person to whom the lease is granted.
Sec. 482 RCW 79.14.150 and 1955 c 131 s 15 are each amended to
read as follows:
All sales of timber, as prescribed in this chapter, shall be made
subject to the right, power, and authority of the ((commissioner))
department to ((prescribe)) adopt rules ((and regulations)) governing
the manner of the removal of the merchantable timber upon any lands
embraced within any lease with the view of protecting the same and
other timber against destruction or injury by fire or from other
causes. ((Such)) The rules ((or regulations)) shall be binding upon
the lessee, his or her successors in interest, and shall be enforced by
the ((commissioner)) department.
Sec. 483 RCW 79.14.180 and 1955 c 131 s 18 are each amended to
read as follows:
Nothing contained in this chapter shall be construed as requiring
the ((commissioner)) department to offer any tract or tracts of land
for lease; but the ((commissioner)) department shall have power to
withhold any tract or tracts from leasing for oil, gas, or other
hydrocarbons, if, in ((his)) its judgment, the best interest of the
state will be served by so doing.
Sec. 484 RCW 79.14.190 and 1955 c 131 s 19 are each amended to
read as follows:
The lessee shall pay to the ((commissioner)) department the market
value at the well of the state's royalty share of oil and other
hydrocarbons except gas produced and saved and delivered by lessee from
the lease. In lieu of receiving payment for the market value of the
state's royalty share of oil, the ((commissioner)) department may elect
that such royalty share of oil be delivered in kind at the mouth of the
wells into tanks provided by the ((commissioner)) department. Lessee
shall pay to the ((commissioner)) department the state's royalty share
of the sale price received by the lessee for gas produced and saved and
sold from the lease. If such gas is not sold but is used by lessee for
the manufacture of gasoline or other products, lessee shall pay to the
((commissioner)) department the market value of the state's royalty
share of the residue gas and other products, less a proper allowance
for extraction costs.
Sec. 485 RCW 79.14.200 and 1955 c 131 s 20 are each amended to
read as follows:
All exploration permits issued by the ((commissioner)) department
prior to June 9, 1955, which have not expired or been legally canceled
for nonperformance by the permittees, are hereby declared to be valid
and existing contracts with the state of Washington, according to their
terms and provisions. The obligation of the state to conform to the
terms and provisions of such permits is hereby recognized, and the
((commissioner)) department is directed to accept and recognize all
such permits according to their express terms and provisions. No
repeal or amendment made by this chapter shall affect any right
acquired under the law as it existed prior to such repeal or amendment,
and such right shall be governed by the law in effect at time of its
acquisition. Any permit recognized and confirmed by this section may
be relinquished to the state by the permittee, and a new lease or, if
such permit contains more than six hundred forty acres, new leases in
the form provided for in this chapter, shall be issued in lieu of same
and without bonus therefor; but the new lease or leases so issued shall
be as provided for in this chapter and governed by the applicable
provisions of this chapter instead of by the law in effect prior
thereto.
Sec. 486 RCW 79.14.210 and 1955 c 131 s 21 are each amended to
read as follows:
Any oil or gas lease issued under the authority of this chapter may
be assigned or subleased as to all or part of the acreage included
therein, subject to final approval by the ((commissioner)) department,
and as to either a divided or undivided interest therein to any person.
Any assignment or sublease shall take effect as of the first day of the
lease month following the date of filing with the ((commissioner:
PROVIDED, HOWEVER, That the commissioner may, in his)) department.
However, at the department's discretion, it may disapprove an
assignment of a separate zone or deposit under any lease or of a part
of a legal subdivision. Upon approval of any assignment or sublease,
the assignee or sublessee shall be bound by the terms of the lease to
the same extent as if such assignee or sublessee were the original
lessee, any conditions in the assignment or sublease to the contrary
notwithstanding. Any partial assignment of any lease shall segregate
the assigned and retained portions thereof, and upon approval of such
assignment by the ((commissioner)) department, the assignor shall be
released and discharged from all obligations thereafter accruing with
respect to the assigned lands.
Sec. 487 RCW 79.14.220 and 1955 c 131 s 22 are each amended to
read as follows:
Any applicant for a lease under this chapter, feeling ((himself))
aggrieved by any order ((or)), decision, or rule ((or regulation)) of
the commissioner ((of public lands)), concerning the same, may appeal
therefrom to the superior court of the county wherein such lands are
situated, as provided by RCW 79.01.500 (as recodified by this act).
Sec. 488 RCW 79.28.010 and 1988 c 128 s 63 are each amended to
read as follows:
For the purpose of obtaining from the United States indemnity or
lieu lands for such lands granted to the state for common schools,
educational, penal, reformatory, charitable, capitol building, or other
purposes, as have been or may be lost to the state, or the title to or
use or possession of which is claimed by the United States or by others
claiming by, through or under the United States, by reason of any of
the causes entitling the state to select other lands in lieu thereof,
the inclusion of the same in any reservation by or under authority of
the United States, or any other appropriation or disposition of the
same by the United States, whether such lands are now surveyed or
unsurveyed, the department ((of natural resources)), with the advice
and approval of the attorney general, is authorized and empowered to
enter into an agreement or agreements, on behalf of the state, with the
proper officer or officers of the United States for the relinquishment
of any such lands and the selection in lieu thereof, under the
provisions of RCW 79.28.010 through 79.28.030 (as recodified by this
act), of lands of the United States of equal area and value.
Sec. 489 RCW 79.28.020 and 1988 c 128 s 64 are each amended to
read as follows:
Upon the making of any such agreement, the board ((of natural
resources)) shall be empowered and it shall be its duty to cause such
examination and appraisal to be made as will determine the area and
value, as nearly as may be, of the lands lost to the state, or the
title to, use or possession of which is claimed by the United States by
reason of the causes mentioned in RCW 79.28.010 (as recodified by this
act), and proposed to be relinquished to the United States, and shall
cause an examination and appraisal to be made of any lands which may be
designated by the officers of the United States as subject to selection
by the state in lieu of the lands aforesaid, to the end that the state
shall obtain lands in lieu thereof of equal area and value.
Sec. 490 RCW 79.28.030 and 1913 c 102 s 3 are each amended to
read as follows:
Whenever the title to any lands selected under the provisions of
RCW 79.28.010 through 79.28.030 (as recodified by this act) shall
become vested in the state of Washington by the acceptance and approval
of the lists of lands so selected, or other proper action of the United
States, the governor, on behalf of the state of Washington, shall
execute and deliver to the United States a deed of conveyance of the
lands of the state relinquished under the provisions of RCW 79.28.010
through 79.28.030 (as recodified by this act), which deed shall convey
to and vest in the United States all the right, title and interest of
the state of Washington therein.
Sec. 491 RCW 79.28.040 and 1923 c 85 s 1 are each amended to read
as follows:
The ((commissioner of public lands shall have)) department has the
power, and it ((shall be his)) is its duty, to adopt ((and
promulgate)), from time to time, reasonable rules ((and regulations))
for the grazing of livestock on such tracts and areas of the indemnity
or lieu public lands of the state contiguous to national forests and
suitable for grazing purposes, as have been, or shall be, obtained from
the United States under the provisions of RCW 79.28.010 (as recodified
by this act).
Sec. 492 RCW 79.28.050 and 1983 c 3 s 202 are each amended to
read as follows:
The ((commissioner of public lands shall have the power to))
department may issue permits for the grazing of livestock on the lands
described in RCW 79.28.040 (as recodified by this act) in such manner
and upon such terms, as near as may be, as permits are, or shall be,
issued by the United States for the grazing of livestock on national
forest ((reserve)) lands ((and for such fees as he shall deem)). The
department may charge such fees as it deems adequate and advisable((,
and shall have the power to enter into such arrangements as may be
deemed advisable and to cooperate with the officers of the United
States having charge of the grazing of livestock on forest reserve
lands)). The department may cooperate with the United States for the
protection and preservation of the grazing areas on the state lands
contiguous to national forests and for the administration of the
provisions of RCW 79.28.040 and 79.28.050 (as recodified by this act).
Sec. 493 RCW 79.28.070 and 1963 c 99 s 1 are each amended to read
as follows:
The department ((of natural resources)) is hereby authorized on
behalf of the state of Washington to enter into cooperative agreements
with any person as defined in RCW 1.16.080 for the improvement of the
state's grazing ranges by the clearing of debris, maintenance of trails
and water holes, and other requirements for the general improvement of
the grazing ranges.
Sec. 494 RCW 79.28.080 and 1985 c 197 s 3 are each amended to
read as follows:
In order to encourage the improvement of grazing ranges by holders
of grazing permits, the department ((of natural resources)) shall
consider (1) extension of grazing permit periods to a maximum of ten
years((,)); and (2) reduction of grazing fees, in situations where the
permittee contributes or agrees to contribute to the improvement of the
range, financially, by labor, or otherwise.
Sec. 495 RCW 79.36.260 and 1927 c 312 s 4 are each amended to
read as follows:
Whenever any person, firm, or corporation shall hereafter purchase,
lease, or acquire any state lands, or any easement or interest therein,
or any timber, stone, mineral, or other natural products thereon, or
the manufactured products thereof the purchase, lease, or grant shall
be subject to the condition or reservation that such person, firm, or
corporation, or their successors in interest, shall, whenever any of
the timber, stone, mineral, or other natural products on said lands or
the manufactured products thereof are removed, by any logging and/or
lumbering railroad, private railroad, skid road, flume, canal,
watercourse, or other easement, owned, leased, or operated by such
person, firm, or corporation, or their successors in interest, accord
to any other person, firm, or corporation, or their successors in
interest, having the right to remove any timber, stone, mineral, or
other natural products or the manufactured products thereof from any
other lands, owned or formerly owned by the state, proper and
reasonable facilities and service, including physical connection
therewith, for the transportation and moving of such other timber,
stone, mineral, and other natural products, and the manufactured
products thereof and all necessary machinery, supplies, or materials to
be used in transporting, cutting(([,])), manufacturing, mining, or
quarrying any or all of such products under reasonable rules ((and
regulations)) and upon payment of just and reasonable charges therefor;
and that any conveyance, lease, or mortgage of such logging and/or
lumbering railroad, private railroad, skid road, flume, canal,
watercourse, or other easement, shall be subject to the right of the
person, firm, or corporation, or their successors in interest, having
the right to remove timber, stone, mineral, or other natural products
or the manufactured products thereof from such other state lands, to be
accorded such proper and reasonable facilities and service, including
physical connection therewith, for the transportation and moving of
such other timber, stone, mineral, and other natural products and the
manufactured products thereof and all necessary machinery, supplies, or
materials to be used in transporting, cutting, manufacturing, mining,
or quarrying any or all of such products under reasonable rules((,
regulations)) and upon payment of just and reasonable charges therefor;
and such purchase, lease, or grant from the state shall also be subject
to the condition or reservation that whenever any of the timber, stone,
mineral, or other natural products on such lands or the manufactured
products thereof are about to be removed, by means of any logging
and/or lumbering railroad, private railroad, skid road, flume, canal,
watercourse, or other easement, not owned, controlled, or operated by
the person, firm, or corporation owning or having the right to remove,
and about to remove such timber, stone, mineral, or other natural
products or the manufactured products thereof shall exact and require
from the owners and operators of such logging and/or lumbering
railroad, private railroad, skid road, flume, canal, watercourse, or
other easement, which shall be binding upon the successors in interest
of such owners and operators, an agreement and promise, as a part of
the contract for removal, and by virtue of RCW 79.36.230 through
79.36.290 (as recodified by this act) there shall be deemed to be a
part of any such express or implied contract for removal, an agreement,
and promise that such owners and operators, and their successors in
interest, shall accord to any person, firm, or corporation and their
successors in interest, having the right to remove any timber, stone,
mineral, or other natural products or the manufactured products thereof
from any lands, owned, or formerly owned by the state, proper and
reasonable facilities and service, including physical connection
therewith, for the transportation and moving of such timber, stone,
mineral, and other natural products and the manufactured products
thereof and all necessary machinery, supplies, or materials to be used
in transporting, cutting, manufacturing, mining, or quarrying any or
all of such products and under reasonable rules ((and regulations)) and
upon payment of just and reasonable charges therefor.
Sec. 496 RCW 79.36.270 and 1983 c 4 s 8 are each amended to read
as follows:
Should the owner or operator of any logging and/or lumbering
railroad, private railroad, skid road, flume, canal, watercourse, or
other easement operating over lands hereafter acquired from the state,
as in RCW 79.36.230 through 79.36.290 (as recodified by this act) set
out, fail to agree with the state or with any subsequent grantee or
successor in interest thereof as to the reasonable and proper rules((,
regulations)) and charges concerning the transportation of timber,
stone, mineral, or other natural products of the land, or the
manufactured products thereof and all necessary machinery, supplies, or
materials to be used in transporting, cutting, manufacturing, mining,
or quarrying any or all of such products for carrying and transporting
such products or for the use of the railroad, skid road, flume, canal,
watercourse, or other easement in transporting such products, the state
or such person, firm, or corporation owning and desiring to ship such
products may apply to the utilities and transportation commission and
have the reasonableness of the rules((, regulations)) and charges
inquired into and it shall be the duty of the utilities and
transportation commission to inquire into the same in the same manner,
and it is hereby given the same power and authority to investigate the
same as it is now authorized to investigate and inquire into the rules
((and regulations)) and charges made by railroads and is authorized and
empowered to make such order as it would make in an inquiry against a
railroad, and in case such logging and/or lumbering railroad, private
railroad, skid road, flume, canal, watercourse, or other easement is
not then in use, may ((make)) adopt such reasonable, proper, and just
rules ((and regulations)) concerning the use thereof for the purposes
aforesaid as may be just and proper and such order shall have the same
force and effect and shall be binding upon the parties to such hearing
as though such hearing and order was made affecting a railroad.
Sec. 497 RCW 79.36.280 and 1983 c 4 s 9 are each amended to read
as follows:
In case any person, firm, or corporation owning and/or operating
any logging and/or lumbering railroad, private railroad, skid road,
flume, canal, watercourse, or other easement subject to the provisions
of RCW 79.36.230 through 79.36.290 (as recodified by this act) shall
fail to comply with any rule((, regulation)) or order made by the
utilities and transportation commission, after an inquiry as provided
for in RCW 79.36.270 (as recodified by this act), each person, firm, or
corporation shall be subject to a penalty not exceeding one thousand
dollars, and in addition thereto, the right of way over state lands
theretofore granted to such person, firm, or corporation, and all
improvements and structures on such right of way and connected
therewith, shall revert to the state of Washington, and may be
recovered by it in an action instituted in any court of competent
jurisdiction, unless such state lands have been sold.
Sec. 498 RCW 79.36.290 and 1988 c 128 s 65 are each amended to
read as follows:
Any person, firm, or corporation shall have a right of way over
public lands, subject to the provisions of RCW 79.36.230 through
79.36.290 (as recodified by this act), when necessary, for the purpose
of hauling or removing timber, stone, mineral, or other natural
products or the manufactured products thereof of the land. Before,
however, any such right of way grant shall become effective, a written
application for and a plat showing the location of such right of way,
with reference to the adjoining lands, shall be filed with the
department ((of natural resources)), and all timber on ((said)) the
right of way, together with the damages to ((said)) the land, shall be
appraised and paid for in cash by the person, firm, or corporation
applying for such right of way. The department ((of natural
resources)) shall then cause to be issued in duplicate to such person,
firm, or corporation a right of way certificate setting forth the
conditions and terms upon which ((such)) the right of way is granted.
Whenever ((said)) the right of way shall cease to be used, for a period
of two years, for the purpose for which it was granted, it shall be
deemed forfeited, and ((said)) the right of way certificate shall
contain such a provision((: PROVIDED, That)). However, any right of
way for logging purposes heretofore issued which has never been used,
or has ceased to be used, for a period of two years, for the purpose of
which it was granted, shall be deemed forfeited and shall be canceled
upon the records of the department. One copy of each certificate shall
be filed with the department and one copy delivered to the applicant.
The forfeiture of ((said)) the right of way, as herein provided, shall
be rendered effective by the mailing of notice of such a forfeiture to
the grantee thereof to his or her last known post office address and by
stamping the copy of ((said)) the certificate in the department
canceled and the date of such cancellation. For the issuance of such
a certificate the same fee shall be charged as provided in the case of
certificates for railroad rights of way.
Sec. 499 RCW 79.38.010 and 1961 c 44 s 1 are each amended to read
as follows:
In addition to any authority otherwise granted by law, the
department ((of natural resources)) shall have the authority to acquire
lands, interests in lands, and other property for the purpose of
affording access by road to public lands or state forest lands from any
public highway.
Sec. 500 RCW 79.38.030 and 1981 c 204 s 2 are each amended to
read as follows:
Purchasers of valuable materials from public lands or state forest
lands may use access roads or public roads for the removal of such
materials where the rights acquired by the state will permit, but use
shall be subject to the right of the department ((of natural
resources)):
(1) To impose reasonable terms for the use, construction,
reconstruction, maintenance, and repair of such access roads; and
(2) To impose reasonable charges for the use of such access roads
or public roads which have been constructed or reconstructed through
funding by the department ((of natural resources)).
Sec. 501 RCW 79.38.040 and 1961 c 44 s 4 are each amended to read
as follows:
Whenever the department ((of natural resources)) finds that it is
for the best interest of the state and where the rights acquired by the
state will permit, the department may grant permits for the use of
access roads to any person. Any permit issued under the authority of
this section shall be subject to reasonable regulation by the
department. Such regulation shall include, but is not limited to, the
following matters:
(1) Requirements for construction, reconstruction, maintenance, and
repair;
(2) Limitations as to extent and time of use;
(3) Provision for revocation at the discretion of the department;
and
(4) Charges for use.
Sec. 502 RCW 79.38.050 and 1981 c 204 s 3 are each amended to
read as follows:
The department ((of natural resources)) shall create, maintain, and
administer a revolving fund, to be known as the access road revolving
fund in which shall be deposited all moneys received by it from users
of access roads as payment for costs incurred or to be incurred in
maintaining, repairing, and reconstructing access roads, or public
roads used to provide access to public lands or state forest lands.
The department may use moneys in the fund for the purposes for which
they were obtained without appropriation by the legislature.
Sec. 503 RCW 79.38.060 and 1981 c 204 s 4 are each amended to
read as follows:
All moneys received by the department ((of natural resources)) from
users of access roads ((which)) that are not deposited in the access
road revolving fund shall be paid as follows:
(1) To reimburse the state fund or account from which expenditures
have been made for the acquisition, construction, or improvement of the
access road or public road, and upon full reimbursement, then
(2) To the funds or accounts for which the public lands and state
forest lands, to which access is provided, are pledged by law or
constitutional provision, in which case the department ((of natural
resources)) shall make an equitable apportionment between funds and
accounts so that no fund or account shall benefit at the expense of
another.
Sec. 504 RCW 79.40.070 and 1988 c 128 s 66 are each amended to
read as follows:
It shall be unlawful for any person to enter upon any of the state
lands, including all land under the jurisdiction of the department ((of
natural resources)), or upon any private land without the permission of
the owner thereof and to cut, break, or remove therefrom for commercial
purposes any evergreen trees, commonly known as Christmas trees,
including fir, hemlock, spruce, and pine trees. Any person cutting,
breaking, or removing or causing to be cut, broken, or removed, or who
cuts down, cuts off, breaks, tops, or destroys any of such Christmas
trees shall be liable to the state, or to the private owner thereof,
for payment for such trees at a price of one dollar each if payment is
made immediately upon demand. Should it be necessary to institute
civil action to recover the value of such trees, the state in the case
of state lands, or the owner in case of private lands, may exact treble
damages on the basis of three dollars per tree for each tree so cut or
removed.
Sec. 505 RCW 79.40.080 and 1937 c 87 s 2 are each amended to read
as follows:
RCW 79.40.070 (as recodified by this act) is not intended to repeal
or modify any of the provisions of existing statutes providing
penalties for the unlawful removal of timber from state lands.
Sec. 506 RCW 79.44.020 and 1963 c 20 s 3 are each amended to read
as follows:
In all local improvement assessment districts in any assessing
district in this state, property in such district, held or owned by the
state shall be assessed and charged for its proportion of the cost of
such local improvements in the same manner as other property in such
district, it being the intention of this chapter that the state shall
bear its just and equitable proportion of the cost of local
improvements specially benefiting ((state)) lands((: PROVIDED, That))
of the state. However, none of the provisions of this chapter shall
have the effect, or be construed to have the effect, to alter or modify
in any particular any existing lease of any lands or property owned by
the state, or release or discharge any lessee of any such lands or
property from any of the obligations, covenants, or conditions of the
contract under which any such lands or property are leased or held by
any such lessee.
Sec. 507 RCW 79.44.030 and 1919 c 164 s 3 are each amended to
read as follows:
Where ((state)) lands of the state are under lease, the
proportionate amounts to be assessed against the leasehold interest,
and the fee simple interest of the state, shall be fixed with reference
to the life of the improvement and the period for which ((said)) the
lease has yet to run.
Sec. 508 RCW 79.44.060 and 1979 c 151 s 179 are each amended to
read as follows:
When the chief administrative officer of an agency of state
government is satisfied that an assessing district has complied with
all the conditions precedent to the levy of assessments for district
purposes, pursuant to this chapter against ((state)) lands occupied,
used, or under the jurisdiction of ((his)) the officer's agency, he or
she shall pay them, together with any interest thereon from any funds
specifically appropriated to ((his)) the agency therefor or from any
funds of ((his)) the agency which under existing law have been or are
required to be expended to pay assessments on a current basis. In all
other cases, the chief administrative officer shall certify to the
director of financial management that the assessment is one properly
chargeable to the state. The director of financial management shall
pay such assessments from funds available or appropriated ((to him))
for this purpose.
Except as provided in RCW 79.44.190 no lands of the state shall be
subject to a lien for unpaid assessments, nor shall the interest of the
state in any land be sold for unpaid assessments where assessment liens
attached to the lands prior to state ownership.
Sec. 509 RCW 79.44.120 and 1937 c 80 s 1 are each amended to read
as follows:
Whenever any state school, granted, tide, or other public lands of
the state shall have been charged with local improvement assessments
under any local improvement assessment district in any incorporated
city, town, irrigation, diking, drainage, port, weed, or pest district,
or any other district now authorized by law to levy assessments against
((state)) lands of the state, where such assessments are required under
existing statutes to be returned to the fund of the state treasury from
which ((said)) the assessments were originally paid, the ((commissioner
of public lands)) department may, and ((he)) is hereby authorized, to
sell such lands for their appraised valuation without regard to such
assessments, anything to the contrary in the existing statutes
notwithstanding((: PROVIDED, That)). However, nothing ((herein
contained)) in this section shall be construed to alter in any way any
existing statute providing for the method of procedure in levying
assessments against ((state)) lands of the state in any of such local
improvement assessment districts.
Sec. 510 RCW 79.60.010 and 1988 c 128 s 67 are each amended to
read as follows:
The department ((of natural resources)) with regard to state forest
((board)) lands and state ((granted)) lands is hereby authorized to
enter into cooperative agreements with the United States of America,
Indian tribes, and private owners of timber land providing for
coordinated forest management, including time, rate, and method of
cutting timber and method of silvicultural practice on a sustained
yield unit.
Sec. 511 RCW 79.60.020 and 1988 c 128 s 68 are each amended to
read as follows:
The department ((of natural resources)) is hereby authorized and
directed to determine, define, and declare informally the establishment
of a sustained yield unit, comprising the land area to be covered by
any such cooperative agreement and include therein such other lands as
may be later acquired by the department and included under the
cooperative agreement.
Sec. 512 RCW 79.60.030 and 1988 c 128 s 69 are each amended to
read as follows:
The ((state)) department shall agree that the cutting from combined
national forest lands, state forest lands, and state lands will be
limited to the sustained yield capacity of these lands in the
management unit as determined by the contracting parties and approved
by ((the commissioner of public lands for state granted lands and)) the
board ((of natural resources)) for state forest ((board)) lands and by
the department for state lands. Cooperation with the private
contracting party or parties shall be contingent on limitation of
production to a specified amount as determined by the contracting
parties and approved by ((the commissioner of public lands for state
granted lands and)) the board ((of natural resources)) for state forest
((board)) lands and by the department for state lands and shall comply
with the other conditions and requirements of such cooperative
agreement.
Sec. 513 RCW 79.60.040 and 1988 c 128 s 70 are each amended to
read as follows:
The private contracting party or parties shall enjoy the right of
easement over state forest ((board)) lands and state ((granted)) lands
included under said cooperative agreement for railway, road, and other
uses necessary to the carrying out of the agreement. This easement
shall be only for the life of the cooperative agreement and shall be
granted without charge with the provision that payment shall be made
for all merchantable timber cut, removed, or damaged in the use of such
easement, payment to be based on the contract stumpage price for timber
of like value and species and to be made within thirty days from date
of cutting, removal, and/or damage of such timber and appraisal thereof
by the department ((of natural resources)).
Sec. 514 RCW 79.60.050 and 1988 c 128 s 71 are each amended to
read as follows:
During the period when any such cooperative agreement is in effect,
the timber on the state forest lands and state lands which the
department ((of natural resources)) determines shall be included in the
sustained yield unit may, from time to time, be sold at not less than
its appraised value as approved by the ((commissioner of public lands))
department for state ((granted)) lands and the board ((of natural
resources)) for state forest ((board)) lands, due consideration being
given to existing forest conditions on all lands included in the
cooperative management unit and such sales may be made in the
discretion of the department and the contracting party or parties in
the cooperative sustained yield agreement. These sale agreements shall
contain such provisions as are necessary to effectually permit the
department to carry out the purpose of this section and in other ways
afford adequate protection to the public interests involved.
Sec. 515 RCW 79.60.060 and 1988 c 128 s 72 are each amended to
read as follows:
The sale of timber upon state forest ((board)) land and state
((granted)) land within such sustained yield unit or units shall be
made for not less than the appraised value thereof as heretofore
provided for the sale of timber on state lands((: PROVIDED, That,)).
However, if in the judgment of the department, it is to the best
interests of the state to do so, ((said)) the timber or any such
sustained yield unit or units may be sold on a stumpage or scale basis
for a price per thousand not less than the appraised value thereof.
The department shall reserve the right to reject any and all bids if
the intent of this chapter will not be carried out. Permanency of
local communities and industries, prospects of fulfillment of contract
requirements, and financial position of the bidder shall all be factors
included in this decision.
Sec. 516 RCW 79.60.070 and 1939 c 130 s 6 are each amended to
read as follows:
A written contract shall be entered into with the successful bidder
which shall fix the time when logging operations shall be commenced and
concluded and require monthly payments for timber removed as soon as
scale sheets have been tabulated and the amount of timber removed
during the month determined, or require payments monthly in advance at
the discretion of the board or the ((commissioner)) department. The
board and the ((commissioner)) department shall designate the price per
thousand to be paid for each species of timber and shall provide for
supervision of logging operations, the methods of scaling and report,
and shall require the purchaser to comply with all laws of the state of
Washington with respect to fire protection and logging operation of the
timber purchased; and shall contain such other provisions as may be
deemed advisable.
Sec. 517 RCW 79.60.080 and 1988 c 128 s 73 are each amended to
read as follows:
No transfer or assignment by the purchaser shall be valid unless
the transferee or assignee is acceptable to the department ((of natural
resources)) and the transfer or assignment approved by it in writing.
Sec. 518 RCW 79.60.090 and 1988 c 128 s 74 are each amended to
read as follows:
The purchaser shall, at the time of executing the contract, deliver
a performance bond or sureties acceptable in regard to terms and amount
to the department ((of natural resources)), but such performance bond
or sureties shall not exceed ten percent of the estimated value of the
timber purchased computed at the stumpage price and at no time shall
exceed a total of fifty thousand dollars. The purchaser shall also be
required to make a cash deposit equal to twenty percent of the
estimated value of the timber purchased, computed at the stumpage bid.
Upon failure of the purchaser to comply with the terms of the contract,
the performance bond or sureties may be forfeited to the state upon
order of the department ((of natural resources)).
At no time shall the amount due the state for timber actually cut
and removed exceed the amount of the deposit as ((hereinabove)) set
forth in this section. The amount of the deposit shall be returned to
the purchaser upon completion and full compliance with the contract by
the purchaser, or it may, at the discretion of the purchaser, be
applied on final payment on the contract.
Sec. 519 RCW 79.64.010 and 1967 ex.s. c 63 s 1 are each amended
to read as follows:
((Unless a different meaning is plainly required by the context,
the following words and phrases)) As ((hereinafter)) used in this
chapter, ((shall have the following meanings:)) "rule" means rule as ((
(1) "Account" means the resource management cost account in the
state general fund.
(2) "Department" means the department of natural resources.
(3) "Board" means the board of natural resources of the department
of natural resources.
(4)the same)) that term is defined by RCW
34.05.010.
(((5) The definitions set forth in RCW 79.01.004 shall be
applicable.))
Sec. 520 RCW 79.64.020 and 1993 c 460 s 1 are each amended to
read as follows:
A resource management cost account in the state treasury is
((hereby)) created to be used solely for the purpose of defraying the
costs and expenses necessarily incurred by the department in managing
and administering public lands and the making and administering of
leases, sales, contracts, licenses, permits, easements, and rights of
way as authorized under the provisions of this title. Appropriations
from the resource management cost account to the department shall be
expended for no other purposes. Funds in the resource management cost
account may be appropriated or transferred by the legislature for the
benefit of all of the trusts from which the funds were derived.
Sec. 521 RCW 79.64.030 and 2001 c 250 s 15 are each amended to
read as follows:
Funds in the resource management cost account from the moneys
received from leases, sales, contracts, licenses, permits, easements,
and rights of way issued by the department and affecting school lands,
university lands, scientific school lands, normal school lands, capitol
building lands, or institutional lands shall be pooled and expended by
the department solely for the purpose of defraying the costs and
expenses necessarily incurred in managing and administering all of the
trust lands enumerated in this section. Such funds may be used for
similar costs and expenses in managing and administering other lands
managed by the department provided that such expenditures that have
been or may be made on such other lands shall be repaid to the resource
management cost account together with interest at a rate determined by
the board ((of natural resources)).
Costs and expenses necessarily incurred in managing and
administering agricultural college lands shall not be deducted from
proceeds received from the sale of such lands or from the sale of
resources that are part of the lands. Costs and expenses incurred in
managing and administering agricultural college trust lands shall be
funded by appropriation under RCW 79.64.090 (as recodified by this
act).
An accounting shall be made annually of the accrued expenditures
from the pooled trust funds in the account. In the event the
accounting determines that expenditures have been made from moneys
received from trust lands for the benefit of other lands, such
expenditure shall be considered a debt and an encumbrance against the
property benefitted, including ((property held under chapter 76.12
RCW)) state forest lands. The results of the accounting shall be
reported to the legislature at the next regular session. The state
treasurer is authorized, upon request of the department, to transfer
funds between the forest development account and the resource
management cost account solely for purpose of repaying loans pursuant
to this section.
Sec. 522 RCW 79.64.040 and 2001 c 250 s 16 are each amended to
read as follows:
The board shall determine the amount deemed necessary in order to
achieve the purposes of this chapter and shall provide by rule for the
deduction of this amount from the moneys received from all leases,
sales, contracts, licenses, permits, easements, and rights of way
issued by the department and affecting public lands, provided that no
deduction shall be made from the proceeds from agricultural college
lands. Moneys received as deposits from successful bidders, advance
payments, and security under sections 334 and 347 of this act and RCW
((79.01.132 and)) 79.01.204 (as recodified by this act) prior to
December 1, 1981, which have not been subjected to deduction under this
section are not subject to deduction under this section. The
deductions authorized under this section shall in no event exceed
twenty-five percent of the moneys received by the department in
connection with any one transaction pertaining to public lands other
than second class tide and shore lands and the beds of navigable
waters, and fifty percent of the moneys received by the department
pertaining to second class tide and shore lands and the beds of
navigable waters.
Sec. 523 RCW 79.64.050 and 2001 c 250 s 17 are each amended to
read as follows:
All deductions from moneys received made in accordance with RCW
79.64.040 (as recodified by this act) shall be paid into the resource
management cost account and the balance shall be paid into the state
treasury to the credit of the fund otherwise entitled to the proceeds.
Sec. 524 RCW 79.64.090 and 1999 c 279 s 3 are each amended to
read as follows:
The agricultural college trust management account is created in the
state treasury. To ((the)) this account shall be deposited such funds
as the legislature directs or appropriates. Moneys in the agricultural
college trust management account may be spent only after appropriation.
Expenditures from ((the)) this account may be used only for the costs
of managing the assets of the agricultural school trust.
Sec. 525 RCW 79.66.010 and 1984 c 222 s 1 are each amended to
read as follows:
The legislature finds that from time to time it may be desirable
for the department ((of natural resources)) to sell state lands which
have low potential for natural resource management or low income-generating potential or which, because of geographic location or other
factors, are inefficient for the department to manage. However, it is
also important to acquire lands for long-term management to replace
those sold so that the publicly owned land base will not be depleted
and the publicly owned forest land base will not be reduced. The
purpose of this chapter is to provide a means to facilitate such sales
and purchases so that the diversity of public uses on the trust lands
will be maintained. In making the determinations, the department shall
comply with local land use plans and applicable growth management
principles.
Sec. 526 RCW 79.66.020 and 1984 c 222 s 2 are each amended to
read as follows:
The department ((of natural resources)), with the approval of the
board ((of natural resources)), may purchase property at fair market
value to be held in a land bank, which is hereby created within the
department. Property so purchased shall be property which would be
desirable for addition to the public lands of the state because of the
potential for natural resource or income production of the property.
The total acreage held in the land bank shall not exceed one thousand
five hundred acres.
Sec. 527 RCW 79.66.030 and 1984 c 222 s 3 are each amended to
read as follows:
The department ((of natural resources)), with the approval of the
board ((of natural resources)), may:
(1) Exchange property held in the land bank for any other public
lands of equal value administered by the department ((of natural
resources)), including any lands held in trust.
(2) Exchange property held in the land bank for property of equal
or greater value which is owned publicly or privately, and which has
greater potential for natural resource or income production or which
could be more efficiently managed by the department, however, no power
of eminent domain is hereby granted to the department; and
(3) Sell property held in the land bank in the manner provided by
law for the sale of state lands without any requirement of platting and
to use the proceeds to acquire property for the land bank which has
greater potential for natural resource or income production or which
would be more efficiently managed by the department.
Sec. 528 RCW 79.66.040 and 1984 c 222 s 4 are each amended to
read as follows:
The department ((of natural resources)) may manage the property
held in the land bank as provided in RCW 79.01.612((: PROVIDED, That
such)) (as recodified by this act). However, the properties or
interest in such properties shall not be withdrawn, exchanged,
transferred, or sold without first obtaining payment of the fair market
value of the property or interest therein or obtaining property of
equal value in exchange.
Sec. 529 RCW 79.66.050 and 1984 c 222 s 5 are each amended to
read as follows:
The legislature may authorize appropriation of funds from the
forest development account or the resource management cost account for
the purposes of this chapter. Income from the sale or management of
property in the land bank shall be returned as a recovered expense to
the forest development account or the resource management cost account
and may be used to acquire property under RCW 79.66.020 (as recodified
by this act).
Sec. 530 RCW 79.66.060 and 1984 c 222 s 6 are each amended to
read as follows:
The department ((of natural resources)) shall be reimbursed for
actual costs and expenses incurred in managing and administering the
land bank program under this chapter from the forest development
account or the resource management cost account in an amount not to
exceed the limits provided in RCW 79.64.040 (as recodified by this
act). Reimbursement from proceeds of sales shall be limited to
marketing costs provided in RCW 79.01.612 (as recodified by this act).
Sec. 531 RCW 79.66.080 and 1994 c 264 s 60 are each amended to
read as follows:
Periodically, at intervals to be determined by the board ((of
natural resources)), the department ((of natural resources)) shall
identify trust lands which are expected to convert to commercial,
residential, or industrial uses within ten years. The department shall
adhere to existing local comprehensive plans, zoning classifications,
and duly adopted local policies when making this identification and
determining the fair market value of the property.
The department shall hold a public hearing on the proposal in the
county where the state land is located. At least fifteen days but not
more than thirty days before the hearing, the department shall publish
a public notice of reasonable size in display advertising form, setting
forth the date, time, and place of the hearing, at least once in one or
more daily newspapers of general circulation in the county and at least
once in one or more weekly newspapers circulated in the area where the
trust land is located. At the same time that the published notice is
given, the department shall give written notice of the hearings to the
departments of fish and wildlife and general administration, to the
parks and recreation commission, and to the county, city, or town in
which the property is situated. The department shall disseminate a
news release pertaining to the hearing among printed and electronic
media in the area where the trust land is located. The public notice
and news release also shall identify trust lands in the area which are
expected to convert to commercial, residential, or industrial uses
within ten years.
A summary of the testimony presented at the hearings shall be
prepared for the board's consideration. The board ((of natural
resources)) shall designate trust lands which are expected to convert
to commercial, residential, or industrial uses as urban land.
Descriptions of lands designated by the board shall be made available
to the county and city or town in which the land is situated and for
public inspection and copying at the department's administrative office
in Olympia, Washington and at each area office.
The hearing and notice requirements of this section apply to those
trust lands which have been identified by the department prior to July
1, 1984, as being expected to convert to commercial, residential, or
industrial uses within the next ten years, and which have not been sold
or exchanged prior to July 1, 1984.
Sec. 532 RCW 79.66.090 and 1993 c 265 s 1 are each amended to
read as follows:
If the department ((of natural resources)) determines to exchange
urban land for land bank land, public agencies defined in RCW 79.01.009
(as recodified by this act) that may benefit from owning the property
shall be notified in writing of the determination. The public agencies
have sixty days from the date of notice by the department to submit an
application to purchase the land and shall be afforded an opportunity
of up to one year, as determined by the board ((of natural resources)),
to purchase the land from the land bank at fair market value directly
without public auction as authorized under RCW 79.01.009 (as recodified
by this act). The board ((of natural resources)), if it deems it in
the best interest of the state, may extend the period under terms and
conditions as the board determines. If competing applications are
received from governmental entities, the board shall select the
application which results in the highest monetary value.
Sec. 533 RCW 79.66.100 and 1984 c 222 s 10 are each amended to
read as follows:
Lands purchased by the department ((of natural resources)) for
commercial, industrial, or residential use shall be subject to payment
of in-lieu of real property tax for the period in which they are held
in the land bank. The in-lieu payment shall be equal to the property
taxes which would otherwise be paid if the land remained subject to the
tax. Payment shall be made at the end of the calendar year to the
county in which the land is located. If a parcel is not held in the
land bank for the entire year, the in-lieu payment shall be reduced
proportionately to reflect only that period of time in which the land
was held in the land bank. The county treasurer shall distribute the
in-lieu payments proportionately in accordance with RCW 84.56.230 as
though such moneys were receipts from ad valorem property taxes.
Sec. 534 RCW 79.68.010 and 1971 ex.s. c 234 s 1 are each amended
to read as follows:
The legislature hereby directs that a multiple use concept be
utilized by the department ((of natural resources)) in the management
and administration of state-owned lands under the jurisdiction of the
department where such a concept is in the best interests of the state
and the general welfare of the citizens thereof, and is consistent with
the applicable trust provisions of the various lands involved.
Sec. 535 RCW 79.68.020 and 1971 ex.s. c 234 s 2 are each amended
to read as follows:
"Multiple use" as used in RCW 79.01.128 (as recodified by this
act), 79.44.003, and this chapter (as recodified by this act) shall
mean the management and administration of state-owned lands under the
jurisdiction of the department ((of natural resources)) to provide for
several uses simultaneously on a single tract and/or planned rotation
of one or more uses on and between specific portions of the total
ownership consistent with the provisions of RCW 79.68.010 (as
recodified by this act).
Sec. 536 RCW 79.68.030 and 1971 ex.s. c 234 s 3 are each amended
to read as follows:
"Sustained yield plans" as used in RCW 79.01.128 (as recodified by
this act), 79.44.003, and this chapter (as recodified by this act)
shall mean management of the forest to provide harvesting on a
continuing basis without major prolonged curtailment or cessation of
harvest.
Sec. 537 RCW 79.68.035 and 1987 c 159 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise the definitions in
this section apply throughout ((this chapter)) RCW 79.68.030,
79.68.040, and 79.68.045 (as recodified by this act).
(1) "Arrearage" means the summation of the annual sustainable
harvest timber volume since July 1, 1979, less the sum of state timber
sales contract default volume and the state timber sales volume deficit
since July 1, 1979.
(2) "Default" means the volume of timber remaining when a
contractor fails to meet the terms of the sales contract on the
completion date of the contract or any extension thereof and timber
returned to the state under RCW 79.01.1335.
(3) "Deficit" means the summation of the difference between the
department's annual planned sales program volume and the actual timber
volume sold.
(4) "Planning decade" means the ten-year period covered in the
forest land management plan adopted by the board ((of natural
resources)).
(5) "Sustainable harvest level" means the volume of timber
scheduled for sale from state-owned lands during a planning decade as
calculated by the department ((of natural resources)) and approved by
the board ((of natural resources)).
Sec. 538 RCW 79.68.040 and 1987 c 159 s 3 are each amended to
read as follows:
The department ((of natural resources)) shall manage the state-owned lands under its jurisdiction which are primarily valuable for the
purpose of growing forest crops on a sustained yield basis insofar as
compatible with other statutory directives. To this end, the
department shall periodically adjust the acreages designated for
inclusion in the sustained yield management program and calculate a
sustainable harvest level.
Sec. 539 RCW 79.68.060 and 1971 ex.s. c 234 s 6 are each amended
to read as follows:
For the purpose of providing increased continuity in the management
of public lands and of facilitating long range planning by interested
agencies, the department ((of natural resources)) is authorized to
identify and to withdraw from all conflicting uses at such times and
for such periods as it shall determine appropriate, limited acreages of
public lands under its jurisdiction. Acreages so withdrawn shall be
maintained for the benefit of the public and, in particular, of the
public schools, colleges, and universities, as areas in which may be
observed, studied, enjoyed, or otherwise utilized the natural
ecological systems thereon, whether such systems be unique or typical
to the state of Washington. Nothing herein is intended to or shall
modify the department's obligation to manage the land under its
jurisdiction in the best interests of the beneficiaries of granted
trust lands.
Sec. 540 RCW 79.68.070 and 1987 c 472 s 12 are each amended to
read as follows:
The department ((of natural resources)) is hereby authorized to
carry out all activities necessary to achieve the purposes of RCW
79.01.128 (as recodified by this act), 79.44.003, and this chapter (as
recodified by this act), including, but not limited to:
(1) Planning, construction, and operation of conservation,
recreational sites, areas, roads, and trails, by itself or in
conjunction with any public agency;
(2) Planning, construction, and operation of special facilities for
educational, scientific, conservation, or experimental purposes by
itself or in conjunction with any other public or private agency;
(3) Improvement of any lands to achieve the purposes of RCW
79.01.128 (as recodified by this act), 79.44.003, and this chapter (as
recodified by this act);
(4) Cooperation with public and private agencies in the utilization
of such lands for watershed purposes;
(5) The authority to make such leases, contracts, agreements, or
other arrangements as are necessary to accomplish the purposes of RCW
79.01.128 (as recodified by this act), 79.44.003, and this chapter((:
PROVIDED, That)) (as recodified by this act). However, nothing
((herein)) in this section shall affect any existing requirements for
public bidding or auction with private agencies or parties, except that
agreements or other arrangements may be made with public schools,
colleges, universities, governmental agencies, and nonprofit scientific
and educational associations.
Sec. 541 RCW 79.68.080 and 1971 ex.s. c 234 s 8 are each amended
to read as follows:
The department ((of natural resources)) shall foster the commercial
and recreational use of the aquatic environment for production of food,
fibre, income, and public enjoyment from state-owned aquatic lands
under its jurisdiction and from associated waters, and to this end the
department may develop and improve production and harvesting of
seaweeds and sealife attached to or growing on aquatic land or
contained in aquaculture containers, but nothing in this section shall
alter the responsibility of other state agencies for their normal
management of fish, shellfish, game, and water.
Sec. 542 RCW 79.68.090 and 1971 ex.s. c 234 s 9 are each amended
to read as follows:
The department ((of natural resources)) may adopt a multiple use
land resource allocation plan for all or portions of the lands under
its jurisdiction providing for the identification and establishment of
areas of land uses and identifying those uses which are best suited to
achieve the purposes of RCW 79.01.128 (as recodified by this act),
79.44.003, and this chapter (as recodified by this act). Such plans
shall take into consideration the various ecological conditions,
elevations, soils, natural features, vegetative cover, climate,
geographical location, values, public use potential, accessibility,
economic uses, recreational potentials, local and regional land use
plans or zones, local, regional, state, and federal comprehensive land
use plans or studies, and all other factors necessary to achieve the
purposes of RCW 79.01.128 (as recodified by this act), 79.44.003, and
this chapter (as recodified by this act).
Sec. 543 RCW 79.68.100 and 1971 ex.s. c 234 s 10 are each amended
to read as follows:
The department ((of natural resources)) may confer with other
public and private agencies to facilitate the formulation of policies
and/or plans providing for multiple use concepts. The department ((of
natural resources)) is empowered to hold public hearings from time to
time to assist in achieving the purposes of RCW 79.01.128 (as
recodified by this act), 79.44.003, and this chapter (as recodified by
this act).
Sec. 544 RCW 79.68.110 and 1971 ex.s. c 234 s 13 are each amended
to read as follows:
The department ((of natural resources)) may comply with county or
municipal zoning ordinances, laws, rules, or regulations affecting the
use of state lands under the jurisdiction of the department ((of
natural resources)) where such regulations are consistent with the
treatment of similar private lands.
Sec. 545 RCW 79.68.120 and 1971 ex.s. c 234 s 16 are each amended
to read as follows:
(1) The department ((of natural resources)) shall design expansion
of its land use data bank to include additional information that will
assist in the formulation, evaluation, and updating of intermediate and
long-range goals and policies for land use, population growth and
distribution, urban expansion, open space, resource preservation and
utilization, and other factors which shape statewide development
patterns and significantly influence the quality of the state's
environment. The system shall be designed to permit inclusion of other
lands in the state and will do so as financing and time permit.
(2) Such data bank shall contain any information relevant to the
future growth of agriculture, forestry, industry, business, residential
communities, and recreation; the wise use of land and other natural
resources which are in accordance with their character and
adaptability; the conservation and protection of the soil, air, water,
and forest resources; the protection of the beauty of the landscape;
and the promotion of the efficient and economical uses of public
resources.
The information shall be assembled from all possible sources,
including but not limited to, the federal government and its agencies,
all state agencies, all political subdivisions of the state, all state
operated universities and colleges, and any source in the private
sector. All state agencies, all political subdivisions of the state,
and all state universities and colleges are directed to cooperate to
the fullest extent in the collection of data in their possession.
Information shall be collected on all areas of the state but collection
may emphasize one region at a time.
(3) The data bank shall make maximum use of computerized or other
advanced data storage and retrieval methods. The department is
authorized to engage consultants in data processing to ensure that the
data bank will be as complete and efficient as possible.
(4) The data shall be made available for use by any governmental
agency, research organization, university or college, private
organization, or private person as a tool to evaluate the range of
alternatives in land and resource planning in the state.
Sec. 546 RCW 79.68.900 and 1971 ex.s. c 234 s 12 are each amended
to read as follows:
Nothing in RCW 79.01.128 (as recodified by this act), 79.44.003,
and this chapter (as recodified by this act) shall be construed to
affect or repeal any existing authority or powers of the department
((of natural resources)) in the management or administration of the
lands under its jurisdiction.
Sec. 547 RCW 79.68.910 and 1971 ex.s. c 234 s 15 are each amended
to read as follows:
Nothing in RCW 79.01.128 (as recodified by this act), 79.44.003,
and this chapter (as recodified by this act) shall be construed to
affect, amend, or repeal any existing withdrawal of public lands for
state park or state game purposes.
Sec. 548 RCW 79.70.020 and 1981 c 189 s 1 are each amended to
read as follows:
((For the purposes of this chapter:)) The definitions in this
section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" ((shall)) means the department of natural
resources.
(2) "Natural areas" and "natural area preserves" ((shall mean))
include such public or private areas of land or water which have
retained their natural character, although not necessarily completely
natural and undisturbed, or which are important in preserving rare or
vanishing flora, fauna, geological, natural historical or similar
features of scientific or educational value and which are acquired or
voluntarily registered or dedicated by the owner under this chapter.
(3) "Public lands" and "state lands" ((shall)) have the meaning set
out in RCW 79.01.004 (as recodified by this act).
(4) "Council" means the natural heritage advisory council as
established in RCW 79.70.070.
(5) "Commissioner" means the commissioner of public lands.
(6) "Instrument of dedication" means any written document intended
to convey an interest in real property pursuant to chapter 64.04 RCW.
(7) "Natural heritage resources" means the plant community types,
aquatic types, unique geologic types, and special plant and animal
species and their critical habitat as defined in the natural heritage
plan established under RCW 79.70.030.
(8) "Plan" means the natural heritage plan as established under RCW
79.70.030.
(9) "Program" means the natural heritage program as established
under RCW 79.70.030.
(10) "Register" means the Washington register of natural area
preserves as established under RCW 79.70.030.
Sec. 549 RCW 79.70.030 and 2002 c 284 s 1 are each amended to
read as follows:
In order to set aside, preserve, and protect natural areas within
the state, the department is authorized, in addition to any other
powers, to:
(1) Establish the criteria for selection, acquisition, management,
protection, and use of such natural areas, including:
(a) Limiting public access to natural area preserves consistent
with the purposes of this chapter. Where appropriate, and on a case-by-case basis, a buffer zone with an increased low level of public
access may be created around the environmentally sensitive areas;
(b) Developing a management plan for each designated natural area
preserve. The plan must identify the significant resources to be
conserved consistent with the purposes of this chapter and identify the
areas with potential for low-impact public and environmental
educational uses. The plan must specify the types of management
activities and public uses that are permitted, consistent with the
purposes of this chapter. The department must make the plans available
for review and comment by the public, and state, tribal, and local
agencies, prior to final approval;
(2) Cooperate or contract with any federal, state, or local
governmental agency, private organizations, or individuals in carrying
out the purpose of this chapter;
(3) Consistent with the plan, acquire by gift, devise, purchase,
grant, dedication, or means other than eminent domain, the fee or any
lesser right or interest in real property which shall be held and
managed as a natural area;
(4) Acquire by gift, devise, grant, or donation any personal
property to be used in the acquisition and/or management of natural
areas;
(5) Inventory existing public, state, and private lands in
cooperation with the council to assess possible natural areas to be
preserved within the state;
(6) Maintain a natural heritage program to provide assistance in
the selection and nomination of areas containing natural heritage
resources for registration or dedication. The program shall maintain
a classification of natural heritage resources, an inventory of their
locations, and a data bank for such information. The department ((of
natural resources)) shall cooperate with the department of fish and
wildlife in the selection and nomination of areas from the data bank
that relate to critical wildlife habitats. Information from the data
bank shall be made available to public and private agencies and
individuals for environmental assessment and proprietary land
management purposes. Usage of the classification, inventory, or data
bank of natural heritage resources for any purpose inconsistent with
the natural heritage program is not authorized;
(7) Prepare a natural heritage plan which shall govern the natural
heritage program in the conduct of activities to create and manage a
system of natural areas that includes natural resources conservation
areas, and may include areas designated under the research natural area
program on federal lands in the state;
(a) The plan shall list the natural heritage resources to be
considered for registration and shall provide criteria for the
selection and approval of natural areas under this chapter;
(b) The department shall provide opportunities for input, comment,
and review to the public, other public agencies, and private groups
with special interests in natural heritage resources during preparation
of the plan;
(c) Upon approval by the council and adoption by the department,
the plan shall be updated and submitted biennially to the appropriate
committees of the legislature for their information and review. The
plan shall take effect ninety days after the adjournment of the
legislative session in which it is submitted unless the reviewing
committees suggest changes or reject the plan; and
(8) Maintain a state register of natural areas containing
significant natural heritage resources to be called the Washington
register of natural area preserves. Selection of natural areas for
registration shall be in accordance with criteria listed in the natural
heritage plan and accomplished through voluntary agreement between the
owner of the natural area and the department. No privately owned lands
may be proposed to the council for registration without prior notice to
the owner or registered without voluntary consent of the owner. No
state or local governmental agency may require such consent as a
condition of any permit or approval of or settlement of any civil or
criminal proceeding or to penalize any landowner in any way for failure
to give, or for withdrawal of, such consent.
(a) The department shall adopt rules ((and regulations)) as
authorized by RCW 43.30.310 (as recodified by this act) and
79.70.030(1) and chapter 34.05 RCW relating to voluntary natural area
registration.
(b) After approval by the council, the department may place sites
onto the register or remove sites from the register.
(c) The responsibility for management of registered natural area
preserves shall be with the preserve owner. A voluntary management
agreement may be developed between the department and the owners of the
sites on the register.
(d) Any public agency may register lands under provisions of this
chapter.
Sec. 550 RCW 79.70.090 and 1981 c 189 s 6 are each amended to
read as follows:
(1) The owner of a registered natural area, whether a private
individual or an organization, may voluntarily agree to dedicate the
area as a natural area by executing with the state an instrument of
dedication in a form approved by the council. The instrument of
dedication shall be effective upon its recording in the real property
records of the appropriate county or counties in which the natural area
is located. The county assessor in computing assessed valuation shall
take into consideration any reductions in property values and/or
highest and best use which result from natural area dedication.
(2) A public agency owning or managing a registered natural area
preserve may dedicate lands under the provisions of this chapter.
(3) The department shall adopt rules ((and regulations)) as
authorized by RCW 43.30.310 (as recodified by this act) and
79.70.030(1) relating to voluntary natural area dedication and
defining:
(a) The types of real property interests that may be transferred;
(b) Real property transfer methods and the types of consideration
of payment possible;
(c) Additional dedication provisions, such as natural area
management, custody, use, and rights and privileges retained by the
owner; and
(d) Procedures for terminating dedication arrangements.
NEW SECTION. Sec. 551 The following acts or parts of acts are
each repealed:
(1) RCW 79.01.036 ("Improvements" defined) and 1982 1st ex.s. c 21
s 147, 1979 ex.s. c 109 s 1, & 1927 c 255 s 9;
(2) RCW 79.01.038 ("Valuable materials" defined) and 1982 1st ex.s.
c 21 s 148 & 1959 c 257 s 1;
(3) RCW 79.01.048 (Board of appraisers) and 1988 c 128 s 50 & 1927
c 255 s 12;
(4) RCW 79.01.068 (Land inspectors -- Compensation -- Oaths) and 1988
c 128 s 52 & 1927 c 255 s 17;
(5) RCW 79.01.072 (False statements -- Penalty) and 1988 c 128 s 53
& 1927 c 255 s 18;
(6) RCW 79.01.132 (Valuable materials sold separately -- Initial
deposit -- Advance payment/guarantee payment -- Time limit on removal--Direct sale of valuable materials -- Performance security -- Proof of taxes
paid) and 2001 c 250 s 4, 2001 c 187 s 1, 1999 c 51 s 1, 1997 c 116 s
1, 1989 c 148 s 1, 1988 c 136 s 2, & 1983 c 2 s 16;
(7) RCW 79.01.133 (Valuable materials sold separately -- "Lump sum
sale" and "scale sale" defined for purposes of RCW 79.01.132) and 1969
ex.s. c 14 s 1;
(8) RCW 79.01.140 (Possession after termination or expiration of
lease -- Extensions for crop rotation) and 1979 ex.s. c 109 s 6 & 1927 c
255 s 35;
(9) RCW 79.01.152 (Witnesses -- Compelling attendance, examination,
etc., in fixing values) and 1988 c 128 s 55 & 1927 c 255 s 38;
(10) RCW 79.01.252 (Lease procedure -- Notice to be posted -- Lease to
highest bidder) and 1979 ex.s. c 109 s 12 & 1927 c 255 s 63;
(11) RCW 79.01.256 (Lease procedure -- Rental payment) and 1979 ex.s.
c 109 s 13 & 1927 c 255 s 64;
(12) RCW 79.01.260 (Lease procedure -- Disposition of moneys) and
1979 ex.s. c 109 s 14 & 1927 c 255 s 65;
(13) RCW 79.01.264 (Lease procedure -- Rejection or approval of
leases) and 1985 c 197 s 2, 1979 ex.s. c 109 s 15, & 1927 c 255 s 66;
(14) RCW 79.01.277 (Lease procedure -- Converting to a new lease) and
1979 ex.s. c 109 s 17;
(15) RCW 79.01.704 (Witnesses -- Compelling attendance, production of
books, etc.) and 1989 c 373 s 26, 1971 ex.s. c 292 s 54, 1959 c 257 s
39, & 1927 c 255 s 186;
(16) RCW 79.08.190 (Exchange of lands to facilitate marketing of
forest products or to consolidate and block up state lands -- Lands
acquired -- How held and administered) and 1957 c 290 s 2; and
(17) RCW 79.08.200 (Exchange of lands to facilitate marketing of
forest products or to consolidate and block up state lands -- Agreements,
deeds, etc.) and 1957 c 290 s 3.
NEW SECTION. Sec. 552 RCW 79.01.056, 79.01.060, 79.01.064, and
79.01.736 are each recodified as sections in chapter
NEW SECTION. Sec. 553 RCW 79.01.052 is recodified as a section
in a new chapter in Title
NEW SECTION. Sec. 554 A new chapter is added to Title
(1) "General provisions" as follows:
RCW 79.01.004;
Section 302 of this act;
RCW 79.01.500;
RCW 79.01.740;
RCW 79.01.240;
RCW 79.01.765;
RCW 79.08.170; and
RCW 79.01.093.
(2) "Federal land grants" as follows:
RCW 79.01.732;
RCW 79.01.308;
RCW 79.28.010;
RCW 79.28.020;
RCW 79.28.030;
RCW 79.01.076; and
RCW 79.01.080.
(3) "Contracts/records/fees/applications" as follows:
RCW 79.01.304;
RCW 79.01.708;
RCW 79.01.712;
RCW 79.01.084;
RCW 79.01.720;
Section 313 of this act;
RCW 79.01.724;
RCW 79.01.220;
RCW 79.01.292; and
RCW 79.01.236.
(4) "Trespass/regulations/penalties" as follows:
RCW 79.01.760;
RCW 79.01.748;
RCW 79.01.756;
RCW 79.01.752;
RCW 79.40.070;
RCW 79.40.080; and
Section 333 of this act.
(5) "Other trust/grant/forest reserve lands" as follows:
RCW 79.01.006; and
RCW 79.01.007.
NEW SECTION. Sec. 555 A new chapter is added to Title
(1) "General provisions" as follows:
RCW 79.01.744;
RCW 79.01.074;
RCW 79.01.612;
RCW 79.68.110;
RCW 79.01.128;
RCW 79.01.164; and
RCW 79.01.095.
(2) "Multiple use" as follows:
RCW 79.68.010;
RCW 79.68.020;
RCW 79.68.050;
RCW 79.01.244;
RCW 79.68.070;
RCW 79.68.090;
RCW 79.68.060;
RCW 79.68.100;
RCW 79.68.900;
RCW 79.68.910; and
RCW 79.68.120.
(3) "Sustainable harvest" as follows:
RCW 79.68.035;
RCW 79.68.030;
RCW 79.68.040; and
RCW 79.68.045.
(4) "Cooperative forest management agreements" as follows:
RCW 79.60.010;
RCW 79.60.020;
RCW 79.60.030;
RCW 79.60.040;
RCW 79.60.050;
RCW 79.60.060;
RCW 79.60.070;
RCW 79.60.080; and
RCW 79.60.090.
NEW SECTION. Sec. 556 A new chapter is added to Title
(1) "Sale procedures" as follows:
RCW 79.01.096;
RCW 79.01.094;
RCW 79.01.216;
RCW 79.01.088;
RCW 79.01.112;
RCW 79.01.120;
RCW 79.01.092;
RCW 79.01.200;
RCW 79.01.116;
RCW 79.01.136;
RCW 79.01.184;
RCW 79.01.188;
RCW 79.01.192;
RCW 79.01.204;
RCW 79.01.148;
RCW 79.01.196;
RCW 79.01.212;
RCW 79.01.208;
RCW 79.01.228;
RCW 79.01.224; and
RCW 79.08.110.
(2) "Platting" as follows:
RCW 79.01.100;
RCW 79.01.104; and
RCW 79.01.108.
(3) "Other sale provisions" as follows:
RCW 79.01.300;
RCW 79.01.301;
RCW 79.01.728; and
Section 399 of this act.
NEW SECTION. Sec. 557 A new chapter is added to Title
(1) "General provisions" as follows:
RCW 79.01.242;
Sections 370, 367, 316, 315, 323, and 375 of this act;
RCW 79.01.172; and
RCW 79.08.120.
(2) "Lease procedure" as follows:
Sections 368 and 369 of this act;
RCW 79.01.248;
Sections 373, 400, and 337 of this act;
RCW 79.01.284; and
RCW 79.01.268.
(3) "Agricultural/grazing leases" as follows:
RCW 79.12.570;
RCW 79.12.600;
RCW 79.12.610;
RCW 79.12.620;
RCW 79.12.630;
RCW 79.01.296;
RCW 79.28.040;
RCW 79.28.050;
RCW 79.28.070; and
RCW 79.28.080.
(4) "Other leases" as follows:
RCW 79.12.015;
RCW 79.12.025;
RCW 79.12.055; and
RCW 79.12.095.
(5) "Ecosystem standards" as follows:
RCW 79.01.2951;
RCW 79.01.295; and
RCW 79.01.2955.
NEW SECTION. Sec. 558 The following sections are recodified
under the following subchapters in chapter
(1) "Oil and gas" as follows:
RCW 79.14.010;
RCW 79.14.020;
RCW 79.14.030;
RCW 79.14.040;
RCW 79.14.050;
RCW 79.14.060;
RCW 79.14.070;
RCW 79.14.080;
RCW 79.14.090;
RCW 79.14.100;
RCW 79.14.110;
RCW 79.14.120;
RCW 79.14.130;
RCW 79.14.140;
RCW 79.14.150;
RCW 79.14.160;
RCW 79.14.170;
RCW 79.14.180;
RCW 79.14.190;
RCW 79.14.200;
RCW 79.14.210; and
RCW 79.14.220.
(2) "Prospecting and mining" as follows:
RCW 79.01.616;
RCW 79.01.617;
RCW 79.01.651;
RCW 79.01.618;
RCW 79.01.620;
RCW 79.01.624;
RCW 79.01.628;
RCW 79.01.632;
RCW 79.01.633;
RCW 79.01.634;
RCW 79.01.640;
RCW 79.01.642;
RCW 79.01.644;
RCW 79.01.645;
RCW 79.01.648;
RCW 79.01.649; and
RCW 79.01.650.
(3) "Coal mining" as follows:
RCW 79.01.652;
RCW 79.01.656;
RCW 79.01.660;
RCW 79.01.664;
RCW 79.01.668;
RCW 79.01.672;
RCW 79.01.676;
RCW 79.01.680;
RCW 79.01.684;
RCW 79.01.688;
RCW 79.01.692;
RCW 79.01.696; and
RCW 79.14.900.
NEW SECTION. Sec. 559 A new chapter is added to Title
(1) "General provisions" as follows:
RCW 79.01.124;
Section 319 of this act;
RCW 79.01.160;
RCW 79.01.168;
Sections 312 and 353 of this act;
RCW 79.01.082;
Sections 329, 350, 347, 345, 334, 355, and 358 of this act;
RCW 79.01.232;
RCW 79.01.238; and
Section 351 of this act.
(2) "Damaged timber" as follows:
RCW 79.01.790; and
RCW 79.01.795.
(3) "Rock, gravel, etc., sales" as follows:
RCW 79.01.134; and
RCW 79.01.176.
NEW SECTION. Sec. 560 A new chapter is added to Title
(1) "Exchanges" as follows:
RCW 79.08.180;
RCW 79.08.070;
RCW 79.08.250; and
RCW 79.08.015.
(2) "Purchase or lease of land by school districts and institutions
of higher education" as follows:
Section 322 of this act;
RCW 79.01.770;
RCW 79.01.774;
RCW 79.01.778; and
RCW 79.01.780.
(3) "Land transfer" as follows:
RCW 79.01.009.
NEW SECTION. Sec. 561 A new chapter is added to Title
RCW 79.66.010;
RCW 79.66.020;
RCW 79.66.030;
RCW 79.66.040;
RCW 79.66.050;
RCW 79.66.060;
RCW 79.66.070;
RCW 79.66.080;
RCW 79.66.090;
RCW 79.01.784;
RCW 79.66.100;
RCW 79.66.900; and
RCW 79.66.901.
NEW SECTION. Sec. 562 A new chapter is added to Title
NEW SECTION. Sec. 563 The following sections are recodified as
sections in chapter
RCW 79.01.332;
RCW 79.01.414;
RCW 79.01.416;
RCW 79.01.312;
RCW 79.01.316;
RCW 79.01.320;
RCW 79.01.324;
RCW 79.01.328;
RCW 79.01.336;
RCW 79.01.340;
RCW 79.01.344;
RCW 79.01.348;
RCW 79.01.352;
RCW 79.01.356;
RCW 79.01.360;
RCW 79.01.364;
RCW 79.01.384;
RCW 79.01.388;
RCW 79.01.392;
RCW 79.01.396;
RCW 79.01.400;
RCW 79.01.404;
RCW 79.01.408;
RCW 79.01.412;
RCW 79.36.230;
RCW 79.36.240;
RCW 79.36.250;
RCW 79.36.260;
RCW 79.36.270;
RCW 79.36.280; and
RCW 79.36.290.
NEW SECTION. Sec. 564 The following sections are recodified
under a new subchapter entitled "State lands" in chapter
RCW 79.64.010;
RCW 79.64.020;
RCW 79.64.030;
RCW 79.64.040;
RCW 79.64.050;
RCW 79.64.060;
RCW 79.64.070; and
RCW 79.64.090.
NEW SECTION. Sec. 565 RCW 79.12.035 is recodified as a section
in chapter 79.64 RCW under the subchapter heading "State forest lands."
NEW SECTION. Sec. 566 RCW 79.08.275, 79.08.277, 79.08.279,
79.08.281, 79.08.283, and 79.08.284 are recodified in a new chapter in
Title
NEW SECTION. Sec. 567 A new chapter is added to Title
RCW 79.76.010;
RCW 79.76.020;
RCW 79.76.030;
RCW 79.76.040;
RCW 79.76.050;
RCW 79.76.060;
RCW 79.76.070;
RCW 79.76.080;
RCW 79.76.090;
RCW 79.76.100;
RCW 79.76.110;
RCW 79.76.120;
RCW 79.76.130;
RCW 79.76.140;
RCW 79.76.150;
RCW 79.76.160;
RCW 79.76.170;
RCW 79.76.180;
RCW 79.76.190;
RCW 79.76.200;
RCW 79.76.210;
RCW 79.76.220;
RCW 79.76.230;
RCW 79.76.240;
RCW 79.76.250;
RCW 79.76.260;
RCW 79.76.270;
RCW 79.76.280;
RCW 79.76.290;
RCW 79.76.300; and
RCW 79.76.900.
NEW SECTION. Sec. 568 A new chapter is added to Title
RCW 79.81.010;
RCW 79.81.020;
RCW 79.81.030;
RCW 79.81.040;
RCW 79.81.050;
RCW 79.81.060; and
RCW 79.81.900.
NEW SECTION. Sec. 569 RCW 79.24.580, 79.68.080, and 79.08.260
are each recodified as sections in chapter
NEW SECTION. Sec. 570 RCW 79.08.080, 79.08.090, and 79.08.100
are each recodified as sections in chapter
NEW SECTION. Sec. 571 RCW 79.01.800, 79.01.805, 79.01.810, and
79.01.815 are each recodified as sections in chapter
Sec. 601 RCW 79.90.270 and 1982 1st ex.s. c 21 s 33 are each
amended to read as follows:
Each and every contract for the sale of (and each deed to)
tidelands or shorelands belonging to the state, otherwise permitted
under RCW 79.94.150 to be sold, shall contain the reservation contained
in RCW 79.01.224 (as recodified by this act).
Sec. 602 RCW 79.90.325 and 1984 c 212 s 10 are each amended to
read as follows:
Whenever, pursuant to RCW 79.01.134 (as recodified by this act),
the commissioner ((of public lands)) enters into a contract for the
sale and removal of rock, gravel, sand, or silt out of a riverbed, the
commissioner shall, when establishing a royalty, take into
consideration flood protection value to the public that will arise as
a result of such removal.
Sec. 603 RCW 79.90.330 and 1987 c 20 s 16 are each amended to
read as follows:
The department ((of natural resources)) may issue permits and
leases for prospecting, placer mining contracts, and contracts for the
mining of valuable minerals and specific materials, except rock,
gravel, sand, silt, coal, or hydrocarbons, upon and from any aquatic
lands belonging to the state, or which have been sold and the minerals
thereon reserved by the state in tracts not to exceed six hundred forty
acres or an entire government-surveyed section. The procedures
contained at RCW 79.01.616 through 79.01.651 (as recodified by this
act), inclusive, shall apply thereto.
Sec. 604 RCW 79.90.340 and 1982 1st ex.s. c 21 s 40 are each
amended to read as follows:
The department ((of natural resources)) is authorized to execute
option contracts for prospecting purposes and leases for the mining and
extraction of coal from any aquatic lands owned by the state or from
which it may hereafter acquire title, or from any aquatic lands sold or
leased by the state the minerals of which have been reserved by the
state. The procedures contained at RCW 79.01.652 through 79.01.696 (as
recodified by this act), inclusive, shall apply thereto.
Sec. 605 RCW 79.90.380 and 1982 1st ex.s. c 21 s 44 are each
amended to read as follows:
The department ((of natural resources)) shall cause full and
correct abstracts of all aquatic lands, to be made and kept in the same
manner as provided for in RCW 79.01.304 (as recodified by this act).
Sec. 606 RCW 79.90.400 and 1982 1st ex.s. c 21 s 46 are each
amended to read as follows:
Any applicant to purchase, or lease, any aquatic lands of the
state, or any valuable materials thereon, and any person whose property
rights or interest will be affected by such sale or lease, feeling
himself or herself aggrieved by any order or decision of the board ((of
natural resources)), or the commissioner ((of public lands)),
concerning the same, may appeal therefrom in the manner provided in RCW
79.01.500 (as recodified by this act).
Sec. 607 RCW 79.91.010 and 1982 1st ex.s. c 21 s 48 are each
amended to read as follows:
All tide and shore lands originally belonging to the state, and
which were granted, sold, or leased at any time after June 15, 1911,
and which contain any valuable materials or are contiguous to or in
proximity of state lands or other tide or shore lands which contain any
valuable materials, shall be subject to the right of the state or any
grantee or lessee thereof who has acquired such other lands, or any
valuable materials thereon, after June 15, 1911, to acquire the right
of way over such lands so granted, sold, or leased, for private
railroads, skid roads, flumes, canals, watercourses, or other easements
for the purpose of, and to be used in, transporting and moving such
valuable materials from such other lands, over and across the lands so
granted or leased in accordance with the provisions of RCW 79.01.312
(as recodified by this act).
Sec. 608 RCW 79.91.030 and 1982 1st ex.s. c 21 s 50 are each
amended to read as follows:
Any person having acquired a right of way or easement as provided
in RCW 79.91.010 and 79.91.020 over any tidelands or shorelands
belonging to the state or over or across beds of any navigable water or
stream for the purpose of transporting or moving valuable materials and
being engaged in such business, or any grantee or lessee thereof
acquiring after June 15, 1911, state lands or tide or shore lands
containing valuable materials, where said land is contiguous to or in
proximity of such right of way or easement, shall accord to the state
or any person acquiring after June 15, 1911, valuable materials upon
any such lands, proper and reasonable facilities and service for
transporting and moving such valuable materials under reasonable rules
((and regulations)) and upon payment of just and reasonable charges
thereof in accordance with the provisions of RCW 79.01.320 (as
recodified by this act).
Sec. 609 RCW 79.91.040 and 1982 1st ex.s. c 21 s 51 are each
amended to read as follows:
Should the owner or operator of any private railroad, skid road,
flume, canal, watercourse, or other right of way or easement provided
for in RCW 79.91.020 and 79.91.030 fail to agree with the state or any
grantee or lessee thereof, as to the reasonable and proper rules((,
regulations,)) and charges, concerning the transportation and movement
of valuable materials from those lands contiguous to or in proximity to
the lands over which such private right of way or easement is operated,
the state or any grantee or lessee thereof, owning and desiring to have
such valuable materials transported or moved, may apply to the
Washington state utilities and transportation commission for an inquiry
into the reasonableness of the rules ((and regulations)), investigate
the same, and make such binding reasonable, proper, and just rates and
regulations in accordance with the provisions of RCW 79.01.324 (as
recodified by this act).
Sec. 610 RCW 79.91.050 and 1982 1st ex.s. c 21 s 52 are each
amended to read as follows:
Any person owning or operating any right of way or easement subject
to the provisions of RCW 79.91.020 through 79.91.040, over and across
any tidelands or shorelands belonging to the state or across any beds
of navigable waters, and violating or failing to comply with any
rule((, regulation,)) or order made by the utilities and transportation
commission, after inquiry, investigation, and a hearing as provided in
RCW 79.91.040, shall be subject to the same penalties provided in RCW
79.01.328 (as recodified by this act).
Sec. 611 RCW 79.91.060 and 1982 1st ex.s. c 21 s 53 are each
amended to read as follows:
Any person engaged in the business of logging or lumbering,
quarrying, mining, or removing sand, gravel, or other valuable
materials from land, and desirous of obtaining a right of way or
easement provided for in RCW 79.91.010 through 79.91.030 over and
across any tide or shore lands belonging to the state, or beds of
navigable waters or any such lands sold or leased by the state since
June 15, 1911, shall file with the department ((of natural resources))
upon a form to be furnished for that purpose, a written application for
such right of way in accordance with the provisions of RCW 79.01.332
(as recodified by this act).
Sec. 612 RCW 79.91.080 and 1982 1st ex.s. c 21 s 55 are each
amended to read as follows:
Any county or city or the United States of America or any state
agency desiring to locate, establish, and construct a road or street
over and across any aquatic lands, or wharf over any tide or shore
lands, belonging to the state, shall by resolution of the legislative
body of such county, or city council or other governing body of such
city, or proper agency of the United States of America or state agency,
cause to be filed with the department ((of natural resources)) a
petition for a right of way for such road or street or wharf in
accordance with the provisions of RCW 79.01.340 (as recodified by this
act).
The department may grant the petition if it deems it in the best
interest of the state and upon payment for such right of way and any
damages to the affected aquatic lands.
Sec. 613 RCW 79.91.190 and 1982 1st ex.s. c 21 s 66 are each
amended to read as follows:
The department ((of natural resources)) shall have the power and
authority to grant to any person, the right, privilege, and authority
to perpetually back and hold water upon or over any state-owned
tidelands or shorelands, and to overflow and inundate the same,
whenever the department shall deem it necessary for the purpose of
erecting, constructing, maintaining, or operating any water power
plant, reservoir, or works for impounding water for power purposes,
irrigation, mining, or other public use in accordance with the
provisions of RCW 79.01.408 (as recodified by this act).
Sec. 614 RCW 79.91.210 and 1982 1st ex.s. c 21 s 68 are each
amended to read as follows:
The department ((of natural resources)) may grant to any person
such easements and rights in tidelands and shorelands and oyster
reserves owned by the state as the applicant may acquire in privately
or publicly owned lands through proceedings in eminent domain in
accordance with the provisions of RCW 79.01.414 (as recodified by this
act).
Sec. 615 RCW 79.94.450 and 1987 c 271 s 4 are each amended to
read as follows:
The department ((of natural resources)) is authorized to deed, by
exchanges of property, to the United States Navy those tidelands
necessary to facilitate the location of the United States Navy base in
Everett. In carrying out this authority, the department ((of natural
resources)) shall request that the governor execute the deed in the
name of the state attested to by the secretary of state. The
department ((of natural resources)) will follow the requirements
outlined in RCW 79.08.015 (as recodified by this act) in making the
exchange. The department must exchange the state's tidelands for lands
of equal value, and the land received in the exchange must be suitable
for natural preserves, recreational purposes, or have commercial value.
The lands must not have been previously used as a waste disposal site.
Choice of the site must be made with the advice and approval of the
board ((of natural resources)).