BILL REQ. #:  H-0786.2 

Read first time 02/02/2005.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to the role of counties in the management of forest land; amending RCW 79.22.100; reenacting and amending RCW 79.22.040; and adding a new chapter to Title 36 RCW.

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

Sec. 1   RCW 79.22.040 and 2003 c 334 s 206 and 2003 c 313 s 6 are each reenacted and amended to read as follows:
     (1) Except as provided in section 7 of this act, if any land acquired by a county through foreclosure of tax liens, or otherwise, comes within the classification of land described in RCW 79.22.010 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)) (2) Land acquired by the department under this section shall be held in trust and administered and protected by the department in the same manner as other state forest lands.
     (3) Land acquired by the department under this section must be deeded back to the original county by the department when requested to do so by the legislative authority of the county under section 3 of this act. A legislative authority may only request a deed to be transferred during time periods established by the department through the rule-making process. The department must, at a minimum, allow county legislative authorities to request a deed transfer for at least thirty consecutive days each biennium.
     (4) Land deeded back to the county under this section is no longer part of the state forest lands, and includes all valuable materials, oils, gases, coals, minerals, or fossils associated with the land.
     (5) 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 derived subject to this section are the net proceeds from the contract harvesting sale.

Sec. 2   RCW 79.22.100 and 2003 c 334 s 208 are each amended to read as follows:
     ((Whenever)) (1) For any forest land ((which shall have)) that has been acquired by any county through the foreclosure of tax liens, or ((otherwise)) other means, and which ((shall have)) has been acquired by the federal government either from ((said)) the county or from the state holding ((said)) the lands in trust, and ((shall be)) is available for reacquisition, the board and the ((board of)) legislative authority of the appropriate county ((commissioners of any such county)) are authorized to enter into an agreement for the reacquisition of ((such)) the lands as state forest lands in trust for ((such)) the county. ((Such))
     (2) Any agreement authorized by this section shall provide for the price and manner of ((such)) the reacquisition. The board is authorized to provide in ((such)) the agreement for the advance of funds available to it for such purpose from the forest development account((,)). The advance of funds may represent all or any part of the price for ((such)) the reacquisition so agreed upon((, which)). Any advance shall be repaid at such time and in such manner as provided in the agreement, and any distributions must be made solely from any distribution to be made to ((said)) the county under the provisions of RCW 79.22.040((; that)).
     (3) The title to ((said)) the lands acquired by this section shall be retained by the state free from any trust until the state ((shall have)) has been fully reimbursed for all funds advanced in connection with ((such)) the reacquisition((; and that)). In the event of the failure of the county to repay ((such)) the 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)) the county. ((Such))
     (4) The county shall make provisions for the reimbursement of the various funds from any moneys derived from ((such)) the lands ((so)) acquired under this section, 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)) if not for the agreement authorized by this section.
     (5) Land acquired by the state under this section must be deeded back to the original county by the department when requested to do so by the legislative authority of the county under section 3 of this act during the time periods established by the department under RCW 79.22.040. Land deeded back to the county is no longer part of the state forest lands, and includes all valuable materials, oils, gases, coals, minerals, or fossils associated with the land.

NEW SECTION.  Sec. 3   (1) The legislative authority of any county that has deeded land to the department of natural resources under RCW 79.22.040 or 79.22.100 may request the department of natural resources to deed that land back to the county during the time periods established for such requests by the department under RCW 79.22.040. If the original land deeded to the department of natural resources has been transferred for other land within the same county, then the county may request the deed of the acquired property to be transferred to the county.
     (2) The county assumes full legal and equitable title to all lands deeded to the county under this section. The lands must be managed for maximum sustained profit as a working forest and be forever reserved from sale.

NEW SECTION.  Sec. 4   (1) Counties opting to request ownership of land under this chapter assume all administrative and management responsibilities for the land, consistent with section 3 of this act, including, but not limited to, deciding on how, when, and if the timber on the land will be harvested.
     (2) When managing land acquired under this chapter, the legislative authority of the county shall choose the management process that is deemed most effective by the county. This may include, but is not limited to:
     (a) Using county employees to manage the land;
     (b) Contracting with private foresters to manage the land;
     (c) Contracting with the department of natural resources to manage the land;
     (d) Deeding the land to the department of natural resources to hold in trust for the county; or
     (e) Partnering with other counties to jointly manage the land.

NEW SECTION.  Sec. 5   Any moneys derived from the lease of lands obtained under this chapter, or from the sale of oils, gases, coal, minerals, fossils, or other valuable materials, as that term is defined in RCW 79.02.010, shall be paid, distributed, and prorated to the various funds in the same manner as general taxes are paid and distributed, except that no distribution may be made to the state general fund. Revenues that would otherwise be dedicated to the state general fund must be redistributed proportionally among the other funds receiving general tax revenue.

NEW SECTION.  Sec. 6   Counties opting to request ownership of land under this chapter may, if the legislative authority of the county determines it to be in the best interest of the county, enter into agreements with the department of natural resources to include the land in any habitat conservation plans or other plans for satisfying state or federal requirements.

NEW SECTION.  Sec. 7   Once a county has had land deeded back to it from the department of natural resources under this chapter, that county may deny any requests made by the department of natural resources under RCW 79.22.040 to have any qualifying lands deeded to the department of natural resources.

NEW SECTION.  Sec. 8   Sections 3 through 7 of this act constitute a new chapter in Title 36 RCW.