BILL REQ. #: Z-0954.1
| State of Washington | 58th Legislature | 2004 Regular Session |
Prefiled 12/24/2003. Read first time 01/12/2004. Referred to Committee on Agriculture & Natural Resources.
AN ACT Relating to the clarification of certain definitions in Title 79 RCW and related public land statutes; amending RCW 43.30.700, 79.02.010, 79.02.040, 79.02.050, 79.02.160, 79.02.280, 79.02.290, 79.02.300, 79.02.340, 79.10.020, 79.10.060, 79.10.100, 79.11.100, 79.13.380, 79.15.030, 79.15.055, 79.19.030, 79.22.300, 79.36.330, 79.36.355, 79.36.380, 79.36.390, 79.38.010, 79.38.020, 79.38.030, 79.38.050, 79.38.060, 79.64.020, and 79.70.040; reenacting and amending RCW 79.64.040; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 43.30.700 and 1986 c 100 s 50 are each amended to
read as follows:
(1) The department may:
(a) Inquire into the production, quality, and quantity of second
growth timber to ascertain conditions for reforestation; and
(b) Publish information pertaining to forestry and forest products
which it considers of benefit to the people of the state.
(2) The department shall:
(a) Collect information through investigation by its employees, on
forest lands owned by the state, including:
(i) Condition of the lands;
(ii) Forest fire damage;
(iii) Illegal cutting, trespassing, or thefts; and
(iv) The number of acres and the value of the timber that is cut
and removed each year, to determine which state lands are valuable
chiefly for growing timber;
(b) Prepare maps of each timbered county showing state land
therein; and
(c) Protect ((state land)) forested public land, as defined in RCW
79.02.010, as much as is practical and feasible from fire, trespass,
theft, and the illegal cutting of timber.
(3) When the department considers it to be in the best interest of
the state, it may cooperate with any agency of another state, the
United States or any agency thereof, the Dominion of Canada or any
agency or province thereof, and any county, town, corporation,
individual, or Indian tribe within the state of Washington in:
(a) Forest surveys;
(b) Forest studies;
(c) Forest products studies; and
(d) Preparation of plans for the protection, management, and
replacement of trees, wood lots, and timber tracts.
Sec. 201 RCW 79.02.010 and 2003 c 334 s 301 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)) administered 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 79.02.420.
(5) "Department" means the department of natural resources.
(6) (("Improvements," when referring to state lands,))
"Improvements" means anything considered a fixture in law placed upon
or attached to ((such)) lands administered by the department 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 79.19.020.
(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 ((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. They include))
administered by the department including but not limited to state
lands, ((tidelands, shorelands, and harbor areas as defined in chapter
79.90 RCW, and the beds of navigable waters belonging to the)) state
forest lands, and aquatic lands.
(10) "State forest lands" means lands acquired under RCW 79.22.010,
79.22.040, and 79.22.020.
(11) "State lands" 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)) Land bank, escheat,
donations, and all other lands, except aquatic lands, administered by
the department that are not devoted to or reserved for a particular use
by law.
(12) (("Valuable materials," when referring to state lands or state
forest lands,)) "Valuable materials" 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.
Sec. 202 RCW 79.02.040 and 2003 c 334 s 432 are each amended to
read as follows:
The department may review and reconsider any of its official acts
relating to ((state)) public 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. 203 RCW 79.02.050 and 2003 c 334 s 365 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)) voidable by the department. In the event
((of fraud)) the department voids the sale, transfer, or lease, the
contract, transferred property, or lease must be surrendered to the
department, but the purchaser, transfer recipient, or lessee may not be
refunded any money paid on account of the surrendered contract,
transfer, or lease.
(([(2)])) (2) 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 79.02.040 if maintaining the corrected contract,
transfer, or lease is in the best interests of the affected trust or
trusts.
Sec. 204 RCW 79.02.160 and 2003 c 334 s 308 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 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 department shall have the authority and power on
behalf of the state to relinquish to the United States such tract of
land.
Sec. 205 RCW 79.02.280 and 2003 c 334 s 377 are each amended to
read as follows:
All contracts of purchase((,)) or leases((, of state lands)) issued
by the department 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 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 and
entered of record in its office.
Sec. 206 RCW 79.02.290 and 2003 c 334 s 363 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 department with the request to have it
divided into two or more contracts, or leases, the 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 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
provided under this chapter, shall be paid by the applicant.
Sec. 207 RCW 79.02.300 and 2003 c 334 s 435 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)) 79.02.010 from public lands, removes minerals, coal,
petroleum, or gas 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 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, 79.02.320, or
79.02.340.
(3) The department 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/
Sec. 208 RCW 79.02.340 and 2003 c 334 s 504 are each amended to
read as follows:
It shall be unlawful for any person to enter upon ((any of the
state)) public lands((, including all land under the jurisdiction of
the department,)) 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)) public 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. 209 RCW 79.10.020 and 1986 c 100 s 48 are each amended to
read as follows:
The department is hereby authorized, when in its judgment it
appears advisable, to accept on behalf of the state, any grant of cash
or land within the state ((which shall then become a part of the state
forests)). No grant of land may be accepted until the title has been
examined and approved by the attorney general of the state and a report
made to the board of natural resources of the result of the
examination.
Sec. 210 RCW 79.10.060 and 2003 c 334 s 544 are each amended to
read as follows:
The department may comply with county or municipal zoning
ordinances, laws, rules, or regulations affecting the use of ((state))
public lands ((under the jurisdiction of the department)) where such
regulations are consistent with the treatment of similar private lands.
Sec. 211 RCW 79.10.100 and 2003 c 334 s 534 are each amended to
read as follows:
The legislature hereby directs that a multiple use concept be
utilized by the department in the ((management and)) administration of
((state-owned)) public 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. 212 RCW 79.11.100 and 2003 c 334 s 328 are each amended to
read as follows:
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 within ninety days prior to the date fixed for the sale. A
purchaser of state lands may not rely upon the appraisal prepared by
the department or made by the board for purposes of deciding whether to
make a purchase from the department. All purchasers are required to
make their own independent appraisals.
Sec. 213 RCW 79.13.380 and 2003 c 334 s 491 are each amended to
read as follows:
The department has the power, and it is its duty, to adopt, from
time to time, reasonable rules 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 79.02.120.
Sec. 214 RCW 79.15.030 and 2003 c 334 s 339 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
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 department.
Sec. 215 RCW 79.15.055 and 2003 c 334 s 309 are each amended to
read as follows:
For the purposes of this 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 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 for purposes of deciding whether to make a purchase
from the department. All purchasers are required to make their own
independent appraisals.
Sec. 216 RCW 79.19.030 and 2003 c 334 s 527 are each amended to
read as follows:
The department, with the approval of the board, may:
(1) Exchange property held in the land bank for any other
((public)) lands of equal value administered by the department,
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. 217 RCW 79.22.300 and 2003 c 334 s 213 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 79.22.040 and that are under the
administration of the department, 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 for the transfer of such state forest lands.
Upon the filing of an application by the board of county
commissioners, the department shall cause notice of the impending
transfer to be given in the manner provided by RCW 42.30.060. If the
department 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 to coordinate the management of any adjacent ((state
owned)) public lands with the proposed park activity to encourage
maximum multiple use management and may reserve rights of way needed to
manage other ((state owned)) public lands in the area. The application
shall be denied if the department 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 upon request of the department.
Sec. 218 RCW 79.36.330 and 2003 c 334 s 228 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)) state 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, the acquired property interests may be
sold or exchanged as an appurtenance of the state property when it is
determined by the department that sale or exchange of the state
property and acquired property interests as one parcel is in the best
interests of the state.
(2) If the acquired property interests are not sold or exchanged as
provided in subsection (1) of this section, the department shall notify
the person or persons from whom the property interest was acquired,
stating that the property interests are to be sold, and that the person
or persons shall have the right to purchase the same at the appraised
price. The notice shall be given by registered letter or certified
mail, return receipt requested, mailed to the last known address of the
person or persons. If the address of the person or persons is unknown,
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. 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 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 the property interests.
(3) If the property interests are not sold or exchanged as provided
in subsections (1) and (2) of this section, the department shall notify
the owners of land abutting the property interests in the same manner
as provided in 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 subsection (2) of this
section. However, if more than one abutting owner gives notice of
intent to purchase 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. 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) through (3) of this section, the department shall sell
the properties in the same manner as state lands 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. 219 RCW 79.36.355 and 2003 c 334 s 396 are each amended to
read as follows:
The department may grant to any person such easements and rights in
((state lands or state forest)) public lands, not otherwise provided in
law, 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. 220 RCW 79.36.380 and 1982 1st ex.s. c 21 s 168 are each
amended to read as follows:
Every grant, deed, conveyance, contract to purchase or lease made
since ((the fifteenth day of)) June 15, 1911, or hereafter made to any
person, firm, or corporation, for a right of way for a private
railroad, skid road, canal, flume, watercourse, or other easement, over
or across any ((state)) public lands for the purpose of, and to be used
in, transporting and moving timber, minerals, stone, sand, gravel, or
other valuable materials of the land, shall be subject to the right of
the state, or any grantee or lessee thereof, or other person who has
acquired since ((the fifteenth day of)) June 15, 1911, or shall
hereafter acquire, any lands containing valuable materials contiguous
to, or in proximity to, such right of way, or who has so acquired or
shall hereafter acquire such valuable materials situated upon ((state))
public lands or contiguous to, or in proximity to, such right of way,
of having such valuable materials transported or moved over such
private railroad, skid road, flume, canal, watercourse, or other
easement, after the same is or has been put in operation, upon paying
therefor just and reasonable rates for transportation, or for the use
of such private railroad, skid road, flume, canal, watercourse, or
other easement, and upon complying with just, reasonable and proper
rules and regulations relating to such transportation or use, which
rates, rules, and regulations, shall be under the supervision and
control of the utilities and transportation commission.
Sec. 221 RCW 79.36.390 and 1982 1st ex.s. c 21 s 169 are each
amended to read as follows:
Any person, firm, or corporation, having acquired such right of way
or easement since ((the fifteenth day of)) June 15, 1911, or hereafter
acquiring such right of way or easement over any ((state)) public lands
for the purpose of transporting or moving timber, mineral, stone, sand,
gravel, or other valuable materials, and engaged in such business
thereon, shall accord to the state, or any grantee or lessee thereof,
having since ((the fifteenth day of)) June 15, 1911, acquired, or
hereafter acquiring, from the state, any ((state)) public lands
containing timber, mineral, stone, sand, gravel, or other valuable
materials, contiguous to or in proximity to such right of way or
easement, or any person, firm, or corporation, having since ((the
fifteenth day of)) June 15, 1911, acquired, or hereafter acquiring, the
timber, mineral, stone, sand, gravel, or other valuable materials upon
any ((state)) public lands contiguous to or in proximity to the lands
over which such right of way or easement is operated, 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 therefor, or, if such right of
way or other easement is not then in use, shall accord the use of such
right of way or easement for transporting and moving such valuable
materials, under reasonable rules and regulations and upon the payment
of just and reasonable charges therefor.
Sec. 222 RCW 79.38.010 and 2003 c 334 s 499 are each amended to
read as follows:
In addition to any authority otherwise granted by law, the
department 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. 223 RCW 79.38.020 and 1981 c 204 s 1 are each amended to
read as follows:
To facilitate the carrying out of the purpose of this chapter, the
department ((of natural resources)) may:
(1) Grant easements, rights of way, and permits to cross public
lands ((and state forest lands)) to any person in exchange for similar
rights over lands not under its jurisdiction;
(2) Enter into agreements with any person or agency relating to
purchase, construction, reconstruction, maintenance, repair,
regulation, and use of access roads or public roads used to provide
access to public lands ((or state forest lands));
(3) Dispose, by sale, exchange, or otherwise, of any interest in an
access road in the event it determines such interest is no longer
necessary for the purposes of this chapter.
Sec. 224 RCW 79.38.030 and 2003 c 334 s 500 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:
(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.
Sec. 225 RCW 79.38.050 and 2003 c 334 s 502 are each amended to
read as follows:
The department 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. 226 RCW 79.38.060 and 2003 c 334 s 503 are each amended to
read as follows:
All moneys received by the department from users of access roads
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 shall make an
equitable apportionment between funds and accounts so that no fund or
account shall benefit at the expense of another.
Sec. 227 RCW 79.64.020 and 2003 c 334 s 520 are each amended to
read as follows:
A resource management cost account in the state treasury is created
to be used solely for the purpose of defraying the costs and expenses
necessarily incurred by the department in managing and administering
((public)) state lands and aquatic 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. 228 RCW 79.64.040 and 2003 c 334 s 522 and 2003 c 313 s 8
are each reenacted and 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)) state lands and
aquatic 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 RCW
79.15.100, 79.15.080, and 79.11.150 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)) state lands and aquatic 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.
In the event that the department sells logs using the contract
harvesting process described in RCW 79.15.500 through 79.15.530, the
moneys received subject to this section are the net proceeds from the
contract harvesting sale.
Sec. 229 RCW 79.70.040 and 1972 ex.s. c 119 s 4 are each amended
to read as follows:
The department is further authorized to purchase, lease, set aside,
or exchange any public ((land or state-owned trust)) lands which are
deemed to be natural areas: PROVIDED, That the appropriate state land
trust receives the fair market value for any interests that are
disposed of: PROVIDED, FURTHER, That such transactions are approved by
the board of natural resources.
An area consisting of public land ((or state-owned trust lands))
designated as a natural area preserve shall be held in trust and shall
not be alienated except to another public use upon a finding by the
department of natural resources of imperative and unavoidable public
necessity.
NEW SECTION. Sec. 301 Part headings used in this act are not any
part of the law.