HB 3171 -
By Committee on Ecology & Parks
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that there exists
potential disagreement over the ownership of certain minerals located
on land formerly owned by the state of Washington located on Maury
Island in section 29, township 22N, range 03E, and conveyed by the
state in deeds dated in 1910 and 1923. Although the fee simple
ownership of these lands were clearly transferred into private hands,
the conveyance instruments contained a mineral reservation whereby the
ownership of the minerals located on the land remained in state
ownership to be managed for the benefit of the state land trust
beneficiaries. Although the conveyance instruments reserve to the
state the ownership of all minerals of every kind, name, or description
located in or upon the land, and although both the grantor and grantee
have historically operated as though there is no disagreement over the
ownership status of the sand, gravel, and rock, there has been no
formal determination by the judicial system of the title to the sand,
gravel, and rock resources located on these lands and whether sand,
gravel, and rock resources are included in this mineral reservation.
(2) It is the intent of this act to fulfill the state's fiduciary
duty to the state land trust beneficiaries by determining any interest
it may have in the mineral resources on these lands.
(3) The department of natural resources shall initiate a judicial
proceeding to determine the proper ownership of sand, gravel, and rock
resources located on land formerly owned by the state of Washington and
transferred into private ownership. This section applies to those
parcels of land located on Maury Island within section 29, township
22N, range 03E and originally conveyed from state ownership by deeds
recorded on or about February 18, 1910, and January 26, 1923.
(4) Until and unless a formal and final judicial opinion finds
otherwise, the department of natural resources shall continue to
operate, manage land, and enter into leases consistent with its
historic interpretation of the land transfers in question.
(5) This section expires January 1, 2011."
Correct the title.
EFFECT: Removes the prohibition on leasing aquatic lands in the Maury Island Aquatic Reserve, requires the Department of Natural Resources to initiate a judicial determination as to the ownership of the sand and gravel resources on certain Maury Island parcels, instructs the Department of Natural Resources to not change their historic land management policies while awaiting a judicial determination, and adds language suggesting that the disagreement over mineral ownership is potential and not necessarily shared by the grantor and the grantee.