BILL REQ. #:  H-4826.1 

READ FIRST TIME 02/12/08.   

     AN ACT Relating to the acquisition of aquatic lands by the department of natural resources; and amending RCW 79.105.410 and 79.17.210.

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

Sec. 1   RCW 79.105.410 and 2005 c 155 s 163 are each amended to read as follows:
     (1)(a) The department is authorized to purchase from willing sellers or accept gifts of aquatic land within the state, including tidelands, shorelands, harbor areas, ((and)) the beds of navigable waters, and any adjacent uplands, all which shall be managed in accordance with the appropriate tidelands and shorelands statutes and become part of the state-owned aquatic land base.
     (b) Consistent with RCW 79.105.030, the department must develop procedures and criteria that state the manner in which purchases or gifts of aquatic land, ((received)) obtained after July 27, 2003, may occur. No purchase or gift of aquatic land may be executed or accepted until:
     (((a))) (i) An ((appraisal)) estimate of the value of the land has been prepared;
     (((b) an environmental site)) (ii) A risk assessment screening has been conducted; ((and (c)))
     (iii) The chain of title ((property report)) has been examined and approved by the attorney general of the state((.)); and
     (iv) The results of the ((appraisal, the site assessment, and the examination of the title property report must be)) processes set out in this subsection (1)(b) have been submitted to the board ((before the department may accept a gift of aquatic land)).
     (2) The authorization to accept gifts of aquatic land within the state extends to aquatic land accepted as gifts prior to July 27, 2003.
     (3)(a) In addition to the other requirements of this section, no aquatic lands may be purchased by the department unless the purchase furthers one or more of the following values:
     (i) Enhancement of public use or access;
     (ii) Habitat conservation; or
     (iii) Habitat restoration.
     (b)(i) Except as otherwise provided in (b)(ii) of this subsection, aquatic lands purchased by the department under this section may not be leased or subleased to an individual or private sector entity.
     (ii) The department may lease aquatic lands purchased under this section to an individual or private sector entity only if:
     (A) The purchased land was, at the time of purchase, put to an active use and the lease is limited to allowing only the same uses that are currently in existence at the time of purchase; or
     (B) The purchased lands are leased for one of the purposes identified in (a)(ii) or (iii) of this subsection.
     (4) Prior to the purchase of an aquatic land parcel under this section, the department shall hold at least one public meeting in the local community to provide an opportunity for input and comments on the restoration or conservation plan developed for that parcel.
     (5) Any grants received by the department for the purpose of purchasing lands under this section must be placed in the natural resources real property replacement account created in RCW 79.17.210.

Sec. 2   RCW 79.17.210 and 2003 c 334 s 118 are each amended to read as follows:
     (1) The legislature finds that the department 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 under RCW 79.17.200 and any grants received under RCW 79.105.410. 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.