BILL REQ. #:  S-0874.1 

Read first time 01/27/11.   Referred to Committee on Natural Resources & Marine Waters.

     AN ACT Relating to metal detectors in Washington state parks; adding a new section to chapter 79A.05 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature that those significant archaeological resources on state park lands that are of importance to the history of our state, or its communities, be protected for the people of the state. At the same time, the legislature also recognizes that the recreational use of metal detectors in state parks is a legitimate form of recreation that can be compatible with the protection of significant archaeological resources.

NEW SECTION.  Sec. 2   A new section is added to chapter 79A.05 RCW to read as follows:
     (1)(a) By September 1, 2012, the commission shall open all developed, common, and disturbed areas of state parks for the recreational use of metal detectors.
     (b) For the purposes of this section, developed and disturbed areas are further defined as: Campgrounds; playfields; parade grounds; boat launches, including both beaches and the water; and similar areas that have been subject to capital development or future development by state parks, that would not contain significant archaeological resources.
     (2) The legislature directs, that on state park lands, historic archaeological resources, as that term is defined in RCW 27.53.030, be managed in such a way that the integrity of those resources not be diminished. Metal detectors may be used on the state park lands around these resources.
     (3) All federal lands leased to state parks are subject to the archaeological protection act and the historical protection act, including provisions that allow the use of metal detectors on federal lands under 16 U.S.C. 470ff, 16 U.S.C. 470bb, and 16 U.S.C. 470kk.
     (4) In the event an item is discovered of archaeological significance, it must be turned over to the department of archaeology and historic preservation.
     (5) If the commission determines that all developed or disturbed areas of a park must remain off limits to metal detecting because of their historic archaeological resources, the commission must, by September 1, 2012, submit a brief report to the standing committees of the legislature as to how the commission and the department of archaeology and historic preservation made this determination.
     (6) It is the intent of this section to prohibit blanket prohibitions to the use of metal detectors in state parks, but to ensure the preservation of proven historic archaeological resources for the enjoyment of the public.