BILL REQ. #:  H-2922.1 

Read first time 01/15/14.   Referred to Committee on Environment.

     AN ACT Relating to public recreational access; and amending RCW 79.10.110, 79.10.120, and 79.155.030.

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

Sec. 1   RCW 79.10.110 and 2003 c 334 s 535 are each amended to read as follows:
     (1) "Multiple use," as used in RCW 79.10.070, 79.44.003, and this chapter ((shall)), means the management and administration of state-owned lands under the jurisdiction of the department to provide for several uses simultaneously on a single tract and/or planned rotation of one or more uses on and between specific portions of the total ownership consistent with the provisions of RCW 79.10.100.
     (2)(a) "Public recreational access" means the opportunity for members of the general public to access a landholding and engage in outdoor recreational activities that are appropriate given the unique physical qualities of the land and the values and desires of the local community. Examples of these activities are found in the historic and traditional recreational uses of the land and may include, but are not limited to: Hunting; fishing; gathering activities; camping; picnicking; swimming; skiing; hiking; running; mountaineering; caving; snowshoeing; bicycling or other nonmotorized wheel-based activities; aviation activities such as the operation of airplanes, ultra-light airplanes, hanggliders, parachutes, and paragliders; rock climbing; the riding of horses or other animals; dog trials; clam digging; operating off-road vehicles, snowmobiles, and other vehicles; boating; kayaking; canoeing; rafting; nature study; photography; bird watching; winter and water sports; geocaching; and viewing or enjoying historical, archaeological, scenic, or scientific sites.
     (b) The term "public recreational access" includes:
     (i) Both free and fee-based access to land;
     (ii) Open access, permitted access, and invitation-only access;
     (iii) Consumptive and nonconsumptive activities; and
     (iv) The actual recreational use of the land together with the roads, trails, parking areas, and other infrastructure that supports or allows for the ultimate recreational activity to be enjoyed by people of various skills and abilities.

Sec. 2   RCW 79.10.120 and 2003 c 182 s 2 are each amended to read as follows:
     (1) Multiple uses additional to and compatible with those basic activities necessary to fulfill the financial obligations of trust management may include but are not limited to:
     (((1))) (a) Recreational areas;
     (((2))) (b) Recreational trails for both vehicular and nonvehicular uses;
     (((3))) (c) Special educational or scientific studies;
     (((4))) (d) Experimental programs by the various public agencies;
     (((5))) (e) Special events;
     (((6))) (f) Hunting and fishing and other sports activities;
     (((7))) (g) Nonconsumptive wildlife activities as defined by the board of natural resources;
     (((8))) (h) Maintenance of scenic areas;
     (((9))) (i) Maintenance of historical sites;
     (((10))) (j) Maintenance of public recreational access, as that term is defined in RCW 79.10.110;
     (k) Municipal or other public watershed protection;
     (((11))) (l) Greenbelt areas;
     (((12))) (m) Public rights-of-way; and
     (((13))) (n) Other uses or activities by public agencies((;)).
     (2) If such additional uses are not compatible with the financial obligations in the management of trust land they may be permitted only if there is compensation from such uses satisfying the financial obligations.

Sec. 3   RCW 79.155.030 and 2011 c 216 s 3 are each amended to read as follows:
     (1) The department must identify lands for inclusion into the community forest trust, and manage the resulting community forest trust lands, in furtherance of goals that must be identified by the department prior to the creation of a community forest.
     (2) In addition to any goals for a community forest identified by the department, the community forest trust program must satisfy the following minimum program management principles:
     (a) Protecting in perpetuity working forest lands that are at a significant risk of conversion to another land use;
     (b) Securing financial and social viability through sound management plans and objectives that are consistent with the values of the local community;
     (c) Maintaining the land in a working status, through traditional forestry, management of specialized forest products harvest consistent with chapter 76.48 RCW, land leases, renewable energy opportunities, ecosystem services such as clean water protection or carbon storage, and other sources of revenue appropriate for the community forest to generate;
     (d) Generating revenue at levels that are, at a minimum, capable of reimbursing the department for management costs and providing for some reinvestment into the management objectives of the community forest;
     (e) Providing for ongoing, sustainable public recreational access, as that term is defined in RCW 79.10.110, local timber jobs, clean air and water, carbon storage, fish and wildlife habitat, and open space in a manner that is compatible with management plans and objectives adopted for the community forest; and
     (f) Providing educational opportunities for local communities regarding the benefits that working forests provide to Washington's economy, communities, environment, and quality of life.