BILL REQ. #:  S-1386.1 

READ FIRST TIME 02/15/11.   

     AN ACT Relating to the sale of timber from lands managed by the department of fish and wildlife; and amending RCW 77.12.210.

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

Sec. 1   RCW 77.12.210 and 2009 c 333 s 33 are each amended to read as follows:
     (1) The director shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The director may adopt rules for the operation and maintenance of the property.
     (2) The commission may authorize the director to sell, lease, convey, or grant concessions upon real or personal property under the control of the department. This includes the authority to sell timber, gravel, sand, and other materials or products from real property held by the department, and to sell or lease the department's real or personal property or grant concessions or rights-of-way for roads or utilities in the property. Oil and gas resources owned by the state which lie below lands owned, leased, or held by the department shall be offered for lease by the commissioner of public lands pursuant to chapter 79.14 RCW with the proceeds being deposited in the state wildlife account created in RCW 77.12.170((: PROVIDED, That)). However, the commissioner of public lands shall condition such leases at the request of the department to protect wildlife and its habitat.
     (3) In order to facilitate subsection (2) of this section as it relates to timber sales, the department must evaluate opportunities for and provide recommendations to the commission on timber sales from department-managed land that would generate revenue while sustaining or enhancing the suitability of the landscape for fish and wildlife habitat. The evaluations and recommendations must be conducted within existing resources, and be presented to the commission by December 1, 2012, and at least every five years thereafter.
     (4) If the commission determines that real or personal property held by the department cannot be used advantageously by the department, the director may dispose of that property if it is in the public interest.
     (5) If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.
     (6) Proceeds from the sales shall be deposited in the state wildlife account created in RCW 77.12.170. Proceeds from the sale of timber must be deposited in the state wildlife account created in RCW 77.12.170, where consistent with the code of federal regulations, and must be used for the operation and maintenance of department-managed lands.