Z-1134 _______________________________________________
SENATE BILL NO. 6372
_______________________________________________
State of Washington 50th Legislature 1988 Regular Session
By Senators Pullen, Talmadge and McCaslin; by request of Department of Natural Resources and Statute Law Committee
Read first time 1/19/88 and referred to Committee on Law & Justice.
AN ACT Relating to obsolete statutory references involving natural resource agencies; amending RCW 11.08.160, 11.08.220, 11.08.270, 17.04.030, 17.06.030, 28B.30.310, 36.35.080, 37.08.220, 37.08.250, 43.30.150, 70.77.495, 76.01.010, 76.01.040, 76.01.050, 76.06.020, 76.06.030, 76.06.050, 76.06.060, 76.06.070, 76.06.080, 76.06.090, 76.12.020, 76.12.030, 76.12.040, 76.12.045, 76.12.070, 76.12.080, 76.12.090, 76.12.100, 76.12.110, 76.12.120, 76.12.140, 76.12.155, 76.12.160, 76.12.170, 76.14.010, 76.14.030, 76.14.040, 76.14.050, 76.14.060, 76.14.070, 76.14.080, 76.14.090, 76.14.100, 76.14.110, 76.36.130, 76.36.140, 78.52.020, 79.01.048, 79.01.052, 79.01.068, 79.01.072, 79.01.094, 79.01.152, 79.01.500, 79.01.708, 79.01.712, 79.08.104, 79.08.106, 79.08.108, 79.24.030, 79.28.010, 79.28.020, 79.36.290, 79.40.070, 79.60.010, 79.60.020, 79.60.030, 79.60.040, 79.60.050, 79.60.060, 79.60.080, 79.60.090, 89.12.150, and 90.58.170; adding a new section to chapter 76.12 RCW; and decodifying RCW 43.30.070, 43.30.080, 43.30.090, 43.30.110, 43.30.120, 43.30.190, 43.30.220, 43.30.230, 43.30.240, 76.12.085, 79.01.040, and 79.01.900.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 11.08.160, chapter 145, Laws of 1965 as amended by section 1, chapter 278, Laws of 1975 1st ex. sess. and RCW 11.08.160 are each amended to read as follows:
The
department of revenue of this state shall have supervision of and jurisdiction
over escheat property and may institute and prosecute any proceedings deemed
necessary or proper in the handling of such property, and it shall be the duty
of the department of revenue to protect and conserve escheat property for the
benefit of the permanent common school fund of the state until such property or
the proceeds thereof have been forwarded to the state treasurer or the ((state
land commissioner)) department of natural resources as hereinafter
provided.
Sec. 2. Section 11.08.220, chapter 145, Laws of 1965 as amended by section 6, chapter 278, Laws of 1975 1st ex. sess. and RCW 11.08.220 are each amended to read as follows:
The
department of revenue shall be furnished two certified copies of the decree of
the court distributing any real property to the state, one of which shall be
forwarded to the ((state land commissioner who)) department of
natural resources which shall thereupon assume supervision of and
jurisdiction over such real property and thereafter handle it the same as state
common school lands. The administrator shall also file a certified copy of the
decree with the auditor of any county in which the escheated real property is
situated.
Sec. 3. Section 11.08.270, chapter 145, Laws of 1965 and RCW 11.08.270 are each amended to read as follows:
In the
event the order of the court requires the delivery of real property to the
claimant, a certified copy of such order shall be served upon the ((state
land commissioner who)) department of natural resources which shall
thereupon make proper certification to the office of the governor for issuance
of a quitclaim deed for the property to the claimant.
Sec. 4. Section 2, chapter 125, Laws of 1929 and RCW 17.04.030 are each amended to read as follows:
Any one or
more freeholders owning more than fifty percent of the acreage desired to be
included within the proposed weed district may file a petition with the board
of county commissioners praying that their land be included, either separately
or with other lands included in the petition, in a weed district to be formed
for the purpose of destroying, preventing or exterminating any one or all such
weeds, or that such lands be included within a district already formed, or a
new district or districts to be formed out of any district or districts then
existing. Such petition shall state the boundaries of the proposed district,
the approximate number of acres in the proposed district, the particular weed
or weeds to be destroyed, prevented or exterminated, the general method or
means to be used in such work, and shall contain a list of all known land
owners within the proposed district, together with the addresses of such land
owners. Upon the filing of such petition the board of county commissioners
shall fix a time for a hearing thereon, and shall give at least thirty days'
notice of the time and place of such hearing by posting copies of such notice
in three conspicuous places within the proposed district, one copy of which
shall be at the main entrance to the court house, and by mailing a copy of such
notice to each of the land owners named in the petition at the address therein
named, and if any of the land described in the petition be owned by the state,
a copy thereof shall be mailed to the ((state land commissioner)) department
of natural resources at Olympia.
Sec. 5. Section 3, chapter 205, Laws of 1959 and RCW 17.06.030 are each amended to read as follows:
Any one or
more freeholders owning more than fifty percent of the acreage desired to be
included within the proposed intercounty weed district may file a petition with
the principal board of county commissioners praying that their land be
included, either separately or with other lands included in the petition, in a
weed district to be formed for the purpose of destroying, preventing or
exterminating any one or all such weeds, or that such lands be included within
a district already formed, or a new district or districts to be formed out of
any district or districts then existing. Such petition shall state the
boundaries of the proposed district, the approximate number of acres in the
proposed district, the particular weed or weeds to be destroyed, prevented or
exterminated, the general method or means to be used in such work, and shall
contain a list of all known landowners within the proposed district, together
with the addresses of such landowners. Upon the filing of such petition the
principal board of county commissioners shall notify the other boards of
commissioners, shall arrange a time for a joint hearing on the petition, and
shall give at least thirty days' notice of the time and place of such hearing
by posting copies of such notice in three conspicuous places within the proposed
district, and at the main entrance to the court house of each county, and by
mailing a copy of such notice to each of the landowners named in the petition
at the address named therein. If any of the land described in the petition be
owned by the state a copy thereof shall be mailed to the ((state land
commissioner)) department of natural resources at Olympia.
Sec. 6. Section 28B.30.310, chapter 223, Laws of 1969 ex. sess. as amended by section 24, chapter 75, Laws of 1977 and RCW 28B.30.310 are each amended to read as follows:
It shall be
the duty of the ((state land commissioner)) department of natural
resources to make a report to the board of regents of Washington State
University on or as soon as practicable after the close of each fiscal year,
which shall contain a complete detailed statement of the current status of
trust land sale contracts and income for the university from trust lands
managed by the ((commissioner)) department.
Sec. 7. Section 9, chapter 150, Laws of 1972 ex. sess. and RCW 36.35.080 are each amended to read as follows:
Nothing in
this chapter shall affect any land deeded in trust to the ((state forest
board)) department of natural resources or its successors pursuant
to the provisions of Title 76 RCW.
Sec. 8. Section 1, chapter 58, Laws of 1935 and RCW 37.08.220 are each amended to read as follows:
The
legislature of the state of Washington hereby consents to the acquisition by
the United States by purchase or gift of such lands in the state of Washington
as in the opinion of the government of the United States may be needed for the
establishment, consolidation and extension of national forests in this state
under the provisions of the act of congress approved March 1, 1911, and
entitled: "An act to enable any state to cooperate with any other state
or states or with the United States for the protection of the watersheds of
navigable streams and to appoint a commission for the acquisition of lands for
the purpose of conserving the navigability of navigable rivers," as
amended: PROVIDED, The state of Washington shall retain a concurrent
jurisdiction with the United States in and over lands so acquired so far that
civil processes in all cases, and such criminal processes as may issue under
the authority of the state of Washington against any person charged with the
commission of any crime without or within said jurisdiction, may be executed
thereon in like manner as if this consent had not been granted: PROVIDED
FURTHER, That before any acquirement of lands be made under the provisions of
this section, such acquisition shall be approved by the ((state forest board))
department of natural resources: AND FURTHER PROVIDED, That the state
of Washington shall retain concurrent jurisdiction to tax persons and
corporations and their property and transaction on such lands so acquired.
Sec. 9. Section 1, chapter 216, Laws of 1907 and RCW 37.08.250 are each amended to read as follows:
That a
right-of-way of not exceeding five hundred feet in width is hereby granted to
the United States of America through any lands or shorelands belonging to the
state of Washington, or to the University of Washington, and lying in King
county between Lakes Union and Washington, or in or adjoining either of them,
the southern boundary of such right-of-way on the upland to be coincident with
the southern boundary of the lands now occupied by the University of Washington
adjacent to the present right-of-way of said canal; the width and definite
location of such right-of-way before the same is taken possession of by said
United States shall be plainly and completely platted and a plat thereof
approved by the secretary of war of the United States filed ((in the office
of the state land commissioner)) with the department of natural
resources: PROVIDED, That nothing in this section contained shall be
construed to repeal or impair any right, interest, privilege or grant expressed
or intended in the act of the legislature of the state of Washington approved
February 8, 1901, entitled, "An Act relative to and in aid of the
construction, maintenance and operation by the United States of America of a
ship canal with proper locks and appurtenances to connect the waters of Lakes
Union and Washington in King county with Puget Sound and declaring an
emergency."
Sec. 10. Section 43.30.150, chapter 8, Laws of 1965 as last amended by section 2, chapter 227, Laws of 1986 and RCW 43.30.150 are each amended to read as follows:
The board shall:
(1) Perform
((all the)) duties relating to appraisal, appeal, approval and hearing
functions ((heretofore performed by the board of state land commissioners,
the state forest board and the capitol committee to the extent such functions
are transferred to the department)) as provided by law;
(2) Establish policies to insure that the acquisition, management and disposition of all lands and resources within the department's jurisdiction are based on sound principles designed to achieve the maximum effective development and use of such lands and resources consistent with laws applicable thereto;
(3) Constitute the board of appraisers provided for in Article 16, section 2 of the state Constitution;
(4) Constitute the commission on harbor lines provided for in Article 15, section 1 of the state Constitution as amended;
(5) Hold regular monthly meetings at such times as it may determine, and such special meetings as may be called by the chairman or majority of the board membership upon written notice to all members thereof: PROVIDED, That the board may dispense with any regular meetings, except that the board shall not dispense with two consecutive regular meetings;
(6) Adopt and enforce such rules and regulations as may be deemed necessary and proper for carrying out the powers, duties and functions imposed upon it by this chapter;
(7) Employ and fix the compensation of such technical, clerical and other personnel as may be deemed necessary for the performance of its duties;
(8) Appoint such advisory committees as it may deem appropriate to advise and assist it to more effectively discharge its responsibilities. The members of such committees shall receive no compensation, but shall be entitled to reimbursement for travel expenses in attending committee meetings in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended;
(9) Meet and organize within thirty days after March 6, 1957 and on the third Monday of each January following a state general election at which the elected ex officio members of the board are elected. The board shall select its own chairman. The commissioner of public lands shall be the secretary of the board. The board may select a vice chairman from among its members. In the absence of the chairman and vice chairman at a meeting of the board, the members shall elect a chairman pro tem. No action shall be taken by the board except by the agreement of at least four members. The department and the board shall maintain its principal office at the capital;
(10) Be entitled to reimbursement individually for travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
Sec. 11. Section 76, chapter 228, Laws of 1961 and RCW 70.77.495 are each amended to read as follows:
Nothing in
this chapter shall be construed as permitting any person to set off fireworks
of any kind in forest, fallows, grass or brush covered land, either on his own
land or the property of another, between April 15th and December 1st of any
year, unless it is done under a written permit from the ((supervisor of
forestry)) department of natural resources or ((his)) its
duly authorized agent, and in strict accordance with the terms of the permit
and any other applicable law.
Sec. 12. Section 1, chapter 121, Laws of 1955 and RCW 76.01.010 are each amended to read as follows:
The ((director
of conservation and development with the approval of the state forestry board))
department of natural resources is hereby authorized to sell any real
property not designated or acquired as state forest lands, but acquired by the
state, either in the name of the forest board, the forestry board, or the
division of forestry, for administrative sites, lien foreclosures or other
purposes whenever ((he)) it shall determine that said lands are
no longer or not necessary for public use.
Sec. 13. Section 1, chapter 78, Laws of 1957 and RCW 76.01.040 are each amended to read as follows:
The ((division
of forestry of the department of conservation and development upon the approval
of the director of the department of conservation and development,)) department
of natural resources is hereby authorized to receive funds from the federal
government for cooperative work in management and protection of forests and
forest and range lands as may be authorized by any act of Congress which is
now, or may hereafter be, adopted for such purposes.
Sec. 14. Section 2, chapter 78, Laws of 1957 and RCW 76.01.050 are each amended to read as follows:
The ((division
of forestry)) department of natural resources is hereby authorized
to disburse such funds, together with any funds which may be appropriated or
contributed from any source for such purposes, on management and protection of
forests and forest and range lands.
Sec. 15. Section 2, chapter 233, Laws of 1951 and RCW 76.06.020 are each amended to read as follows:
As used in this chapter:
(("Supervisor"
means the supervisor of forestry;
"Board"
means the state forest board;))
"Department" means the department of natural resources;
"Owner" means and includes individuals, partnerships, corporations and associations;
"Agent" means the recognized legal representative, representatives, agent or agents for any owner;
"Timber
land" means any land on which there is a sufficient number of trees, standing
or down, to constitute, in the judgment of the ((board)) department,
a forest insect or forest disease breeding ground of a nature to constitute a
menace, injurious and dangerous to permanent forest growth in the district
under consideration.
Sec. 16. Section 3, chapter 233, Laws of 1951 and RCW 76.06.030 are each amended to read as follows:
This
chapter shall be administered by the ((division of forestry under the
guidance and approval of the state forest board)) department.
Sec. 17. Section 5, chapter 233, Laws of 1951 as amended by section 1, chapter 72, Laws of 1961 and RCW 76.06.050 are each amended to read as follows:
Whenever
the ((supervisor)) department finds timber lands threatened by
infestations of forest insects or forest tree diseases, and if ((he)) it
finds that such infestation is of such character as to threaten destruction of
timber stands, the ((supervisor)) department shall ((with the
approval of the board)) declare and certify an infestation control district
and fix and declare the boundaries thereof, so as to definitely describe such
district. Said district may include timber lands threatened by the infestation
as well as those timber lands already infested.
Thereafter
the ((supervisor)) department shall at once serve written notice
to all owners of timber lands or their agents within the said district to
proceed under the provisions of this chapter without delay to control, destroy
and eradicate the said forest insect pests or forest tree diseases as provided
herein. The said notice may be made by personal service, or by mail addressed
to the last known place or address of such owner or agent. Said notice shall
list and describe the method or methods of action that will be acceptable to
the ((board)) department if the owner or agent elects to control,
destroy and eradicate said insects or diseases on his own property.
Said notice when published for five consecutive days in at least one daily newspaper or in two consecutive issues of a weekly newspaper, either paper having a general circulation in said district will serve as the written notice to owners of noncommercial timber lands.
Sec. 18. Section 6, chapter 233, Laws of 1951 and RCW 76.06.060 are each amended to read as follows:
If the
owner or agent so notified shall fail, refuse, neglect or is unable to comply
with the requirements of said notice, within a period of thirty days after the
date thereof, it shall be the duty of the ((supervisor)) department
or ((his)) its agents, using such funds as have been, or
hereafter may be, made available to proceed with the control, eradication and
destruction of such forest pests or forest tree diseases with or without the
cooperation of the owner involved in a manner approved by the ((forest board))
department.
Sec. 19. Section 7, chapter 233, Laws of 1951 and RCW 76.06.070 are each amended to read as follows:
Upon the
completion of the work directed, authorized and performed under the provisions
of this chapter, the ((supervisor)) department shall prepare a
verified statement of the expenses necessarily incurred in performing the work
of controlling, eradicating and destroying said forest insects or forest tree
diseases. The balance of such expenses after deducting such amounts as may be
contributed to the control costs by the state, by the federal government, or by
any other agencies, companies, corporations or individuals, shall be a lien to
be prorated per acre upon the property, or properties involved: PROVIDED, That
the amount of said lien shall not exceed twenty-five percent of the total costs
incurred on such owner's lands including necessary buffer strips. Said lien
shall be reported by the ((supervisor)) department to the county
assessor of the county in which said lands are situated, and shall be levied
and collected with the next taxes on such lands in the same manner and with the
same interest, penalty and cost charges as apply to ad valorem property taxes
in this state: PROVIDED FURTHER, Such report and levy shall be made only on
commercial timber lands. The assessor shall extend the amounts on the
assessment roll in a separate column, and the procedure provided by law for the
collection of taxes and delinquent taxes shall be applicable thereto, and, upon
the collection thereof, the county treasurer shall repay the same to the ((supervisor))
department to be applied to the expenses incurred in carrying out the
provisions of this chapter.
Sec. 20. Section 11, chapter 233, Laws of 1951 and RCW 76.06.080 are each amended to read as follows:
Every
owner, and all owners or representatives, who upon receiving notice as provided
in RCW 76.06.050, shall proceed and continue in good faith to control,
eradicate and destroy said forest insects and forest tree diseases in
accordance with standards established by the ((supervisor)) department
shall be exempt from the provisions hereof as to the lands upon which he or
they are so proceeding.
Sec. 21. Section 12, chapter 233, Laws of 1951 and RCW 76.06.090 are each amended to read as follows:
Whenever
the ((board)) department shall determine that insect control work
within the designated district of infestation is no longer necessary or
feasible, ((said board by resolution)) the department may
dissolve said district.
NEW SECTION. Sec. 22. A new section is added to chapter 76.12 RCW to read as follows:
As used in this chapter, "department" means the department of natural resources.
Sec. 23. Section 3, chapter 154, Laws of 1923 as last amended by section 1, chapter 172, Laws of 1937 and RCW 76.12.020 are each amended to read as follows:
The ((board))
department shall have the power to accept gifts and bequests of money or
other property, made in its own name, or made in the name of the state, to
promote generally the interests of reforestation or for a specific named
purpose in connection with reforestation, and to acquire in the name of the
state, by purchase or gift, any lands which by reason of their location,
topography or geological formation, are chiefly valuable for purpose of
developing and growing timber, and to designate such lands and any lands of the
same character belonging to the state as state forest lands; and may acquire by
gift or purchase any lands of the same character. ((Said board)) The
department shall have power to seed, plant and develop forests on any
lands, purchased, acquired or designated by it as state forest lands, and shall
furnish such care and fire protection for such lands as it shall deem
advisable. Upon approval of the board of county commissioners of the county in
which said land is located such gift or donation of land may be accepted
subject to delinquent general taxes thereon, and upon such acceptance of such
gift or donation subject to such taxes, the ((state forest board)) department
shall record the deed of conveyance thereof and file with the assessor and
treasurer of the county wherein such land is situated, written notice of
acquisition of such land, and that all delinquent general taxes thereon, except
state taxes, shall be canceled, and the county treasurer shall thereupon
proceed to make such cancellation in the records of his office. Thereafter,
such lands shall be held in trust, protected, managed, and administered upon,
and the proceeds therefrom disposed of, under RCW 76.12.030.
Sec. 24. Section 3b added to chapter 154, Laws of 1923 by section 3, chapter 288, Laws of 1927 as last amended by section 4, chapter 4, Laws of 1981 2nd ex. sess. and RCW 76.12.030 are each amended to read as follows:
If any land
acquired by a county through foreclosure of tax liens, or otherwise, comes
within the classification of land described in RCW 76.12.020 and can be used as
state forest land and if the ((board)) department deems such land
necessary for the purposes of this chapter, the county shall, upon demand by
the ((board)) department, deed such land to the ((board)) department
and the land shall become a part of the state forest lands((, and upon such
deed being made the commissioner of public lands shall be notified and enter
and note it upon the records of his office)).
Such land
shall be held in trust and administered and protected by the ((board)) department
as other state forest lands. Any moneys derived from the lease of such land or
from the sale of forest products, oils, gases, coal, minerals, or fossils
therefrom, shall be distributed as follows:
(1) The
expense incurred by the state for administration, reforestation, and
protection, not to exceed twenty-five percent, which rate of percentage shall
be determined by the board of natural resources, shall be returned to the
forest development account in the state general fund((: PROVIDED, That for
moneys received as deposits from successful bidders, advance payments, and
security under RCW 79.01.132 and 79.01.204 prior to December 1, 1981, and not
distributed under this section prior to December 1, 1981, an amount not to
exceed fifty percent, which rate of percentage shall be determined by the board
of natural resources, shall be returned to the forest development account in
the state general fund)).
(2) Any balance remaining shall be paid to the county in which the land is located to be paid, distributed, and prorated, except as hereinafter provided, to the various funds in the same manner as general taxes are paid and distributed during the year of payment: PROVIDED, That any such balance remaining paid to a county of the seventh, eighth, or ninth class shall first be applied to the reduction of any indebtedness existing in the current expense fund of such county during the year of payment.
Sec. 25. Section 1, chapter 125, Laws of 1937 and RCW 76.12.040 are each amended to read as follows:
Any county,
city or town is authorized and empowered to convey to the state of Washington
any lands owned by such county, city or town upon the selection of such lands
by the ((forestry board of the state of Washington)) department
and the ((state forestry board)) department is hereby authorized
to select and accept conveyances of lands from such counties, cities or towns,
suitable for use by the ((said forestry board)) department as locations
for offices, warehouses and machinery storage buildings in the administration
of the forestry laws and lands of the state of Washington: PROVIDED, HOWEVER,
No consideration shall be paid by the state nor by the ((state forestry
board)) department for the conveyance of such lands by such county,
city or town.
Sec. 26. Section 2, chapter 125, Laws of 1937 and RCW 76.12.045 are each amended to read as follows:
The ((state
forestry board, through the division of forestry of the department of
conservation and development,)) department is authorized to use such
lands for the purposes hereinbefore expressed and to improve said lands and
build thereon any necessary structures for the purposes hereinbefore expressed
and expend in so doing such funds as may be authorized by law therefor.
Sec. 27. Section 1, chapter 84, Laws of 1941 and RCW 76.12.070 are each amended to read as follows:
Whenever
any county shall have acquired by tax foreclosure, or otherwise, lands within
the classification of RCW 76.12.020 and shall have thereafter contracted to
sell such lands to bona fide purchasers before the same may have been selected
as forest lands by the ((state forest board)) department, and has
heretofore deeded or shall hereafter deed because of inadvertence or oversight
such lands to the state or to the ((state forest board)) department
to be held under RCW 76.12.030 or any amendment thereof; the ((state forest
board)) department upon being furnished with a certified copy of
such contract of sale on file in such county and a certificate of the county
treasurer showing said contract to be in good standing in every particular and
that all due payments and taxes have been made thereon, and upon receipt of a
certified copy of a resolution of the board of county commissioners of such
county requesting the reconveyance to the county of such lands, is hereby
authorized to reconvey such lands to such county by quitclaim deed executed by
the ((chairman and secretary of said board: PROVIDED, Such reconveyance of
lands heretofore acquired by the state or state forest board be made within one
year from the taking effect of this act and)) department. Such
reconveyance of lands hereafter so acquired shall be made within one
year from the conveyance thereof to the state or ((state forest board)) department.
Sec. 28. Section 4, chapter 154, Laws of 1923 and RCW 76.12.080 are each amended to read as follows:
((Said
board)) The department shall take such steps as it deems advisable
for locating and acquiring lands suitable for state forests and reforestation.
No sum in excess of two dollars per acre shall ever be paid or allowed either
in cash, bonds or otherwise, for any lands suitable for forest growth, but
devoid of such; nor shall any sum in excess of six dollars per acre be paid or
allowed either in cash, bonds or otherwise, for any lands adequately restocked
with young growth or left in a satisfactory natural condition for natural
reforestation and continuous forest production; nor shall any lands ever be
acquired by ((said board)) the department except upon the
approval of the title by the attorney general and on a conveyance being made to
the state of Washington by good and sufficient deed. No forest lands shall be
designated, purchased, or acquired by ((said board)) the department
unless the area so designated or the area to be acquired shall, in the judgment
of the ((board)) department, be of sufficient acreage and so
located that it can be economically administered for forest development
purposes. Whenever the ((board)) department acquires or
designates an area as forest lands it shall designate such area by a
distinctive name or number, e.g., "State forest No. ..... ", or,
"Cascade State Forest".
Sec. 29. Section 5, chapter 154, Laws of 1923 as amended by section 1, chapter 104, Laws of 1937 and RCW 76.12.090 are each amended to read as follows:
For the
purpose of acquiring and paying for lands for state forests and reforestation
as herein provided the ((board)) department may issue utility
bonds of the state of Washington, in an amount not to exceed two hundred
thousand (([dollars])) dollars in principal, during the biennium
expiring March 31, 1925, and such other amounts as may hereafter be authorized
by the legislature. Said bonds shall bear interest at not to exceed the rate
of two percent per annum which shall be payable annually. Said bonds shall
never be sold or exchanged at less than par and accrued interest, if any, and
shall mature in not less than a period equal to the time necessary to develop a
merchantable forest on the lands exchanged for said bonds or purchased with
money derived from the sale thereof. Said bonds shall be known as state
forest utility bonds. The principal or interest of said bonds shall not be a
general obligation of the state, but shall be payable only from the forest
development ((fund hereinafter created)) account. The ((board))
department may issue said bonds in exchange for lands selected by it in
accordance with ((this act)) RCW 76.12.020, 76.12.030, 76.12.080,
76.12.090, 76.12.110, 76.12.120, 76.12.140, and 76.12.150, or may sell said
bonds in such manner as it deems advisable, and with the proceeds purchase and
acquire such lands. Any of said bonds issued in exchange and payment for any
particular tract of lands may be made a first and prior lien against the
particular land for which they are exchanged, and upon failure to pay said
bonds and interest thereon according to their terms, the lien of said bonds may
be foreclosed by appropriate court action.
Sec. 30. Section 1, chapter 117, Laws of 1933 as last amended by section 1, chapter 80, Laws of 1949 and RCW 76.12.100 are each amended to read as follows:
For the
purpose of acquiring, seeding(([,])), reforestation and
administering land for forests and of carrying out ((the provisions of
chapter 154 of the Laws of 1923)) RCW 76.12.020, 76.12.030, 76.12.080,
76.12.090, 76.12.110, 76.12.120, 76.12.140, and 76.12.150, the ((state
forest board)) department is authorized to issue and dispose of
utility bonds of the state of Washington in an amount not to exceed one hundred
thousand dollars in principal during the biennium expiring March 31, 1951:
PROVIDED, HOWEVER, That no sum in excess of one dollar per acre shall ever be
paid or allowed either in cash, bonds, or otherwise, for any lands suitable for
forest growth, but devoid of such, nor shall any sum in excess of three dollars
per acre be paid or allowed either in cash, bonds, or otherwise, for any lands
adequately restocked with young growth.
Any utility
bonds issued under the provisions of this section may be retired from time to
time, whenever there is sufficient money in the forest development ((fund))
account, said bonds to be retired at the discretion of the ((state
forest board)) department either in the order of issuance, or by
first retiring bonds with the highest rate of interest.
Sec. 31. Section 6, chapter 154, Laws of 1923 as last amended by section 75, chapter 57, Laws of 1985 and RCW 76.12.110 are each amended to read as follows:
There is
created a forest development account in the state treasury. The state
treasurer shall keep an account of all sums deposited therein and expended or
withdrawn therefrom. Any sums placed in the account shall be pledged for the
purpose of paying interest and principal on the bonds issued by the ((board))
department, and for the purchase of land for growing timber. Any bonds
issued shall constitute a first and prior claim and lien against the account
for the payment of principal and interest. No sums for the above purposes
shall be withdrawn or paid out of the account except upon approval of the ((board))
department.
Appropriations
may be made by the legislature from the forest development account to the
department ((of natural resources)) for the purpose of carrying on the
activities of the department on state forest lands, lands managed on a
sustained yield basis as provided for in RCW 79.68.040, and for reimbursement
of expenditures that have been made or may be made from the resource management
cost account in the management of state forest lands.
Sec. 32. Section 7, chapter 154, Laws of 1923 as last amended by section 11, chapter 154, Laws of 1980 and RCW 76.12.120 are each amended to read as follows:
All land,
acquired or designated by the ((board)) department as state
forest land, shall be forever reserved from sale, but the timber and other
products thereon may be sold or the land may be leased in the same manner and
for the same purposes as is authorized for state granted land if the ((board))
department finds such sale or lease to be in the best interests of the
state and approves the terms and conditions thereof.
All money derived from the sale of timber or other products, or from lease, or from any other source from the land, except where the Constitution of this state or RCW 76.12.030 requires other disposition, shall be disposed of as follows:
(1) Fifty
percent shall be placed in the forest development ((fund)) account.
(2) Fifty percent shall be prorated and distributed to the state general fund, to be dedicated for the benefit of the public schools, and the county in which the land is located according to the relative proportions of tax levies of all taxing districts in the county. The portion to be distributed to the state general fund shall be based on the regular school levy rate under RCW 84.52.065 as now or hereafter amended and the levy rate for any maintenance and operation special school levies. The money distributed to the county shall be paid, distributed, and prorated to the various other funds in the same manner as general taxes are paid and distributed during the year of payment.
Sec. 33. Section 3a added to chapter 154, Laws of 1923 by section 3, chapter 288, Laws of 1927 as amended by section 17, chapter 380, Laws of 1987 and RCW 76.12.140 are each amended to read as follows:
Any lands
acquired by the state under ((the provisions of chapter 154, Laws of 1923))
RCW 76.12.020, 76.12.030, 76.12.080, 76.12.090, 76.12.110, 76.12.120,
76.12.140, and 76.12.150, or any amendments thereto, shall be logged,
protected and cared for in such manner as to insure natural reforestation of
such lands, and to that end the ((state forest board)) department
shall have power, and it shall be its duty to make rules and regulations, and
amendments thereto, governing logging operations on such areas, and to embody
in any contract for the sale of timber on such areas, such conditions as it
shall deem advisable, with respect to methods of logging, disposition of
slashings, and debris, and protection and promotion of new forests. All such
rules and regulations, or amendments thereto, shall be adopted by ((majority
vote of the state forest board by resolution and recorded in the minutes of the
board, and shall be promulgated by publication in one issue of a newspaper of
general circulation published at the state capitol, and shall take effect and
be in force at the time specified therein)) the department under chapter
34.04 RCW. Any violation of any such rules shall be a gross misdemeanor
unless the ((board)) department has specified by rule, when not
inconsistent with applicable statutes, that violation of a specific rule is an
infraction under chapter 7.84 RCW.
Sec. 34. Section 9, chapter 154, Laws of 1923 and RCW 76.12.155 are each amended to read as follows:
The
commissioner of public lands shall keep in his office in a permanent bound
volume a record ((of all proceedings of the state forest board; and shall
also keep a permanent bound record)) of all forest lands acquired by the
state and any lands owned by the state and designated as such by the ((state
forest board)) department. The record shall show the date and from
whom said lands were acquired; amount and method of payment therefor; the
forest within which said lands are embraced; the legal description of such
lands; the amount of money expended, if any, and the date thereof, for seeding,
planting, maintenance or care for such lands; the amount, date and source of
any income derived from such land; and such other information and data as may
be required by the ((board)) department.
Sec. 35. Section 1, chapter 67, Laws of 1947 and RCW 76.12.160 are each amended to read as follows:
The ((state
supervisor of forestry)) department is authorized to sell to or
exchange with persons intending to restock forest areas, tree seedling stock
and tree seed produced at the state nursery.
Sec. 36. Section 2, chapter 67, Laws of 1947 and RCW 76.12.170 are each amended to read as follows:
All
receipts from the sale of stock or seed shall be deposited in a state forest
nursery revolving fund to be maintained by the ((supervisor of forestry, who))
department, which is hereby authorized to use all money in said fund for
the maintenance of the state tree nursery or the planting of denuded state
owned lands.
Sec. 37. Section 2, chapter 74, Laws of 1953 and RCW 76.14.010 are each amended to read as follows:
As used in this chapter:
((The
term "supervisor" means the supervisor of forestry;
The term
"board" means the state forest board;))
"Department" means the department of natural resources;
The term "owner" means and includes individuals, partnerships, corporations, associations, federal land managing agencies, state of Washington, counties, municipalities, and other forest land owners;
"Forest land" means any lands considered best adapted for the growing of trees.
Sec. 38. Section 3, chapter 74, Laws of 1953 and RCW 76.14.030 are each amended to read as follows:
This
chapter shall be administered by the ((division of forestry under the
guidance and approval of the state forest board)) department.
Sec. 39. Section 4, chapter 74, Laws of 1953 as amended by section 1, chapter 171, Laws of 1955 and RCW 76.14.040 are each amended to read as follows:
The ((supervisor))
department shall use funds placed at ((his)) its disposal
to map, survey, fell snags, build firebreaks and access roads, increase forest
protection activities and do all work deemed necessary to protect forest lands
from fire in the rehabilitation zone, and to perform reforestation and do other
improvement work on state lands in the rehabilitation zone.
Sec. 40. Section 5, chapter 74, Laws of 1953 as last amended by section 1, chapter 101, Laws of 1975 1st ex. sess. and RCW 76.14.050 are each amended to read as follows:
The ((supervisor))
department is authorized to cooperate with owners of land located in
the area described in RCW 76.14.020 in establishing firebreaks in their most
logical position regardless of land ownership. The ((board)) department
may by gift, purchase, condemnation or otherwise acquire easements for road
rights of way and land or interests therein located in the high hazard forest
area described in RCW 76.14.020 for any purpose deemed necessary for access for
forest protection, reforestation, development and utilization, and for access
to state owned lands within the area described in RCW 76.14.020 for all other
purposes, and the ((supervisor)) department shall have authority
to regulate the use thereof. When the landowner is using the land for
agricultural grazing purposes the state shall maintain gates or adequate cattle
guards at each place the road enters upon the private landowner's fenced lands.
Sec. 41. Section 3, chapter 171, Laws of 1955 and RCW 76.14.060 are each amended to read as follows:
The ((supervisor,
subject to the guidance and approval of the board,)) department
shall have authority to acquire the right by purchase, condemnation or
otherwise to cause snags on private land to be felled, slash to be disposed of,
and to take such other measures on private land necessary to carry out the
objectives of this chapter.
Sec. 42. Section 4, chapter 171, Laws of 1955 and RCW 76.14.070 are each amended to read as follows:
The ((supervisor))
department shall have authority ((subject to the guidance and
approval of the board)) to expend public money for the purposes and
objectives provided in this chapter.
Sec. 43. Section 5, chapter 171, Laws of 1955 and RCW 76.14.080 are each amended to read as follows:
The ((supervisor,
with the guidance and approval of the board,)) department shall
develop fire protection projects within the high hazard forest area and shall
determine the boundaries thereof in accordance with the lands benefited thereby
and shall assess one-sixth of the cost of such projects equally upon all forest
lands within the project on an acreage basis. Such assessment shall not,
however, exceed twenty-five cents per acre annually nor more than one dollar
and fifty cents per acre in the aggregate and shall constitute a lien upon any
forest products harvested therefrom. The landowner may by written notice to
the ((supervisor of forestry)) department elect to pay his
assessment on a deferred basis at a rate of ten cents per thousand board feet
and/or one cent per Christmas tree when these products are harvested from the
lands for commercial use until the assessment plus two percent interest from
the date of completion of each project has been paid for each acre. Payments
under the deferred plan shall be credited by forty acre tracts and shall be
first applied to payment of the assessment against the forty acre tract from
which the funds were derived and secondly to other forty acre tracts held and
designated by the payor. In the event total ownership is less than forty acres
then payment shall be applied on an undivided basis to the entire areas as to which
the assessment remains unpaid. The landowner who elects to pay on deferred
basis may pay any unpaid assessment and interest at any time.
Sec. 44. Section 6, chapter 171, Laws of 1955 and RCW 76.14.090 are each amended to read as follows:
Notice of
each project, the estimated assessment per acre and a description of the
boundaries thereof shall be given by publication in a local newspaper of general
circulation thirty days in advance of commencing work. Any person owning land
within the project may within ten days after publication of notice demand a
hearing before the ((supervisor)) department in Olympia and
present any reasons why he feels the assessment should not be made upon his
land. Thereafter, the ((supervisor)) department may change the
boundaries of said project to eliminate land from the project which ((he))
it determines in ((his)) its discretion will not be
benefited by the project.
Sec. 45. Section 7, chapter 171, Laws of 1955 and RCW 76.14.100 are each amended to read as follows:
Except when
the owner has notified the ((supervisor)) department in writing
that he will make payment on the deferred plan, the assessment shall be
collected by the ((supervisor)) department reporting the same to
the county assessor of the county in which the property is situated upon
completion of the work in that project and the assessor shall annually extend
the amounts upon the tax rolls covering the property, and the amounts shall be
collected in the same manner, by the same procedure, and with the same
penalties attached as the next general state and county taxes on the same
property are collected. Errors in assessments may be corrected at any time by
the ((supervisor)) department by certifying them to the treasurer
of the county in which the land involved is situated. Upon the collection of
such assessments the county treasurer shall transmit them to the ((supervisor))
department. Payment on the deferred plan shall be made directly to the
((supervisor)) department. Such payment must be made by January
31st for any timber or Christmas trees harvested during the previous calendar
year and must be accompanied by a statement of the amount of timber or number
of Christmas trees harvested and the legal description of the property from
which they were harvested. Whenever an owner paying on the deferred plan
desires to pay any unpaid balance or portion thereof, he may make direct
payment to the ((supervisor)) department.
Sec. 46. Section 8, chapter 171, Laws of 1955 and RCW 76.14.110 are each amended to read as follows:
Where the
((supervisor)) department finds that a portion of the work in any
project, except road building, has been done by private expenditures for fire
protection purposes only and that the work was not required by other forestry
laws having general application, then the ((supervisor)) department
shall appraise the work on the basis of what it would have cost the state and
shall credit the amount of the appraisal toward payment of any sums assessed
against lands contained in the project and owned by the person or his
predecessors in title making the expenditure. Such appraisal shall be added to
the cost of the project for purposes of determining the general assessment.
Sec. 47. Section 13, chapter 154, Laws of 1925 ex. sess. as amended by section 7, chapter 36, Laws of 1957 and RCW 76.36.130 are each amended to read as follows:
A mark or
brand cut in boom sticks with an ax or other sharp instrument shall be
sufficient for the purposes of this chapter if it substantially conforms to the
impression or drawing and written description on file ((in the office of the
supervisor of forestry)) with the department.
Sec. 48. Section 14, chapter 154, Laws of 1925 ex. sess. as amended by section 8, chapter 36, Laws of 1957 and RCW 76.36.140 are each amended to read as follows:
In view of
the different conditions existing in the logging industry of this state between
the parts of the state lying respectively east and west of the crest of the
Cascade mountains, forest products may be put into the water of this state or
shipped on common carrier railroads without having thereon a registered mark or
brand, as herein required, within that portion of the state lying east of the
crest of the Cascade mountains and composed of the following counties to wit:
Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield,
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens,
Walla Walla, Whitman, and Yakima; and the penalties herein provided for failure
to mark or brand such forest products shall not apply: PROVIDED, That any
person operating within such east portion of the state may select a mark or
brand and cause it to be registered ((in the office of the supervisor of
forestry)) with the department pursuant to the terms of this
chapter, and use it for the purpose of marking or branding forest products and
booming equipment, and, in the event of the registration of such mark or brand
and the use of it in marking or branding forest products or booming equipment,
the provisions hereof shall apply as to the forest products and booming
equipment so marked or branded.
Sec. 49. Section 4, chapter 146, Laws of 1951 as last amended by section 31, chapter 253, Laws of 1983 and RCW 78.52.020 are each amended to read as follows:
(1) There
is hereby created and established an oil and gas conservation committee, which
shall consist of the ((land)) commissioner of public lands, the
director of ecology, four residents of the state of Washington appointed by the
governor, and the state treasurer.
(2) Three of the members appointed by the governor shall reside east of the Cascades. The fourth member appointed by the governor shall reside west of the Cascades.
(a) The members appointed by the governor shall serve subject to confirmation by the senate.
(b) The members appointed by the governor shall serve four-year terms except for initial appointments, which shall be made as follows: One member shall serve for one year, one member shall serve for two years, one member shall serve for three years, and one member shall serve for four years. All subsequent appointments shall be for four years. In the event of a vacancy the governor shall make an appointment, consistent with this section, for the duration of the vacated term.
(3) The chairman and the executive secretary of the committee shall be elected by the members of the committee.
(4) The members of the committee may act through designated agents or deputies for the purpose of carrying out the provisions of this chapter.
Sec. 50. Section 12, chapter 255, Laws of 1927 and RCW 79.01.048 are each amended to read as follows:
The board
of ((state land commissioners)) natural resources shall
constitute the board of appraisers provided for in section 2 of Article XVI of
the state Constitution, to, before the sale of any lands granted to the state
for educational purposes, appraise the value of such lands less the
improvements thereon.
Sec. 51. Section 13, chapter 255, Laws of 1927 as amended by section 149, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.01.052 are each amended to read as follows:
The board
of ((state land commissioners)) natural resources shall ((have
its office and)) keep its records in the office of the commissioner of
public lands, and shall keep a full and complete record of its proceedings
relating to the appraisal of lands granted for educational purposes, and the
board shall have the power, from time to time, to make and enforce rules and
regulations for the carrying out of the provisions of this chapter relating to
its duties not inconsistent with law.
Sec. 52. Section 17, chapter 255, Laws of 1927 and RCW 79.01.068 are each amended to read as follows:
The compensation of a state land inspector shall not exceed seven dollars per diem for the time actually employed, and necessary expenses, which shall be submitted to the commissioner of public lands in an itemized and verified account to be approved by him.
Each state
land inspector shall, before entering upon his duties, take and subscribe and
file in the office of the secretary of state, an oath in substance as follows:
"I .......... do solemnly swear that I will well and truly perform the
duties of state land inspector in the inspection and appraisement of lands to
be selected by, or belonging to, or held in trust by the state of Washington,
to the best of my knowledge and ability; that I will personally and carefully
examine each parcel or tract of land assigned to me for inspection, and a full
and complete report make, as to each tract inspected, of every material fact
connected with the location, condition and character of said land, and my
estimate of the value thereof, and the amount and estimated value of all
timber, or other valuable material, and all improvements thereon, when directed
by the commissioner of public lands; that I am not, nor will I become,
interested directly or indirectly in the sale, lease or purchase of said lands;
that I will not communicate or disclose to any person other than the
commissioner of public lands, or his deputy, or the members of the board of ((state
land commissioners)) natural resources, any information in relation
to the location, condition, character or value of any lands inspected by me, or
the timber or other valuable material, or the improvements thereon; that in the
performance of my duties as state land inspector I will in all respects act
according to the best of my knowledge and ability, and will protect the
interests of the state of Washington."
Sec. 53. Section 18, chapter 255, Laws of 1927 and RCW 79.01.072 are each amended to read as follows:
If any
state land inspector shall knowingly or wilfully make any false statement in
any report of inspection of lands, or any false estimate of the value of lands
inspected or the timber or other valuable materials or improvements thereon, or
shall knowingly or wilfully divulge anything or give any information in regard
to lands inspected by him, other than to the commissioner of public lands, the
deputy commissioner of public lands, or the board of ((state land
commissioners)) natural resources, he shall forthwith be removed
from office, and shall be deemed guilty of a felony and in such case it shall
be the duty of the commissioner of public lands and of the members of the board
of ((state land commissioners)) natural resources, to report all
facts within their knowledge to the proper prosecuting officer to the end that
prosecution for the offense may be had.
Sec. 54. Section 3, chapter 217, Laws of 1941 and RCW 79.01.094 are each amended to read as follows:
The ((board
of state land commissioners)) department of natural resources shall
exercise general supervision and control over the sale or lease for any purpose
of land granted to the state for educational purposes and also over the sale of
timber, fallen timber, stone, gravel and all other valuable materials situated
thereon. It shall be the duty of the ((commissioner of public lands, on its
request, to furnish the board with)) department to prepare all
reports, data and information in ((the)) its records ((of his
office)) pertaining to any such proposed sale or lease((, and the board
of state land commissioners)). The department shall have power, if
it deems it advisable, to order that any particular sale or lease of such land
or valuable materials be held in abeyance pending further inspection and
report. The ((board)) department may cause such further
inspection and report of land or materials involved in any proposed sale or
lease to be made and for that purpose shall have power to employ its own
inspectors, cruisers and other technical assistants. Upon the basis of such
further inspection and report the ((board)) department shall
determine whether or not, and the terms upon which, the proposed sale or lease
shall be consummated.
Sec. 55. Section 38, chapter 255, Laws of 1927 and RCW 79.01.152 are each amended to read as follows:
For the
purpose of determining the value and character of lands, timber, fallen timber,
stone, gravel, or other valuable material, or improvements, the board of ((state
land commissioners)) natural resources, or the commissioner of
public lands, as the case may be, may compel the attendance of witnesses by
subpoena, at such place as the board, or the commissioner, may designate, and
examine such witnesses under oath as to the value and character of such lands,
or materials, or improvements and waste or damage to the land.
Sec. 56. Section 125, chapter 255, Laws of 1927 as amended by section 139, chapter 81, Laws of 1971 and RCW 79.01.500 are each amended to read as follows:
Any
applicant to purchase, or lease, any public lands of the state, or any valuable
materials thereon, and any person whose property rights or interests will be
affected by such sale or lease, feeling himself aggrieved by any order or
decision of the board of ((state land commissioners)) natural
resources, or the commissioner of public lands, concerning the same, may
appeal therefrom to the superior court of the county in which such lands or
materials are situated, by serving upon all parties who have appeared in the
proceedings in which the order or decision was made, or their attorneys, a
written notice of appeal, and filing such notice, with proof, or admission, of
service, with the board, or the commissioner, within thirty days from the date
of the order or decision appealed from, and at the time of filing the notice, or
within five days thereafter, filing a bond to the state, in the penal sum of
two hundred dollars, with sufficient sureties, to be approved by the secretary
of the board, or the commissioner, conditioned that the appellant shall pay all
costs that may be awarded against him on appeal, or the dismissal thereof.
Within thirty days after the filing of notice of appeal, the secretary of the
board, or the commissioner, shall certify, under official seal, a transcript of
all entries in the records of the board, or the commissioner, together with all
processes, pleadings and other papers relating to and on file in the case,
except evidence used in such proceedings, and file such transcript and papers,
at the expense of the applicant, with the clerk of the court to which the
appeal is taken. The hearing and trial of said appeal in the superior court
shall be de novo before the court, without a jury, upon the pleadings and
papers so certified, but the court may order the pleadings to be amended, or
new and further pleadings to be filed. Costs on appeal shall be awarded to the
prevailing party as in actions commenced in the superior court, but no costs
shall be awarded against the state, the board, or the commissioner. Should
judgment be rendered against the appellant, the costs shall be taxed against
him and his sureties on the appeal bond, except when the state is the only
adverse party, and shall be included in the judgment, upon which execution may
issue as in other cases. Any party feeling himself aggrieved by the judgment
of the superior court may appeal therefrom to the supreme court or the court of
appeals of the state, in the manner, and within the time, for appealing from
judgments in actions at law. Unless appeal be taken from the judgment of the
superior court, the clerk of said court shall, on demand, certify, under his
hand and the seal of the court, a true copy of the judgment, to the board, or
the commissioner, which judgment shall thereupon have the same force and effect
as if rendered by the board, or the commissioner. In all cases of appeals from
orders or decisions of the commissioner of public lands involving the prior
right to purchase tidelands of the first class, if the appeal be not
prosecuted, heard and determined, within two years from the date of the appeal,
the attorney general shall, after thirty days' notice to the appellant of his
intention so to do, move the court for a dismissal of the appeal, but nothing
herein shall be construed to prevent the dismissal of such appeal at any time in
the manner provided by law.
Sec. 57. Section 187, chapter 255, Laws of 1927 and RCW 79.01.708 are each amended to read as follows:
All maps,
plats and field notes of surveys, required to be made by this chapter shall,
after approval by the ((board of state land commissioners)) department
of natural resources, or the commissioner of public lands, as the case may
be, be deposited and filed in the office of the commissioner of public lands,
who shall keep a careful and complete record and index of all maps, plats and
field notes of surveys in his possession, in well bound books, which shall at
all times be open to public inspection.
Sec. 58. Section 188, chapter 255, Laws of 1927 and RCW 79.01.712 are each amended to read as follows:
All
notices, orders, contracts, certificates, rules and regulations, or other
documents or papers made and issued by or on behalf of the ((board of state
land commissioners)) department of natural resources, or the commissioner
of public lands, as provided in this chapter, shall be authenticated by a seal
whereon shall be the vignette of George Washington, with the words "Seal
of the commissioner of public lands, State of Washington."
Sec. 59. Section 2, chapter 26, Laws of 1951 and RCW 79.08.104 are each amended to read as follows:
The ((land
commissioner)) department of natural resources and the state parks
and recreation commission shall fix a yearly reasonable rental for the use of
public lands reserved for state park purposes, which shall be paid by the
commission to the ((land commissioner)) department for the
particular fund for which the lands had been held in trust, and which rent
shall be transmitted to the state treasurer for deposit in such fund.
Sec. 60. Section 3, chapter 26, Laws of 1951 and RCW 79.08.106 are each amended to read as follows:
No
merchantable timber shall be cut or removed from lands reserved for state park
purposes without the consent of the ((land commissioner)) department
of natural resources and without payment to the particular fund for which
the lands are held in trust, the reasonable value thereof as fixed by the ((commissioner))
department.
Sec. 61. Section 1, chapter 96, Laws of 1953 and RCW 79.08.108 are each amended to read as follows:
For the
purpose of securing and preserving certain lands for state park purposes, the
((commissioner of public lands)) board of natural resources
shall((, with the advice and approval of the board of state land
commissioners,)) exchange any state lands of equal value for any lands,
located in the following described tracts, which may be selected and requested
by the state parks and recreation commission for state park purposes:
Government lots 1, 2, 3, and 4 of section 20, all of section 21, government lot
1 of section 22, government lot 1 of section 29, the north half of the north
half of section 28, and government lot 1 of section 27, all in township 13
north, range 11 west, W.M. in Pacific county; the northeast quarter of the
southwest quarter and the south half of the southwest quarter of section 24,
township 2 north, range 6 east, W.M., in Skamania county; and the southeast
quarter of section 15, the south half of the northwest quarter and the
southwest quarter of section 14, the southwest quarter of section 11, the west
half of section 23, the southeast quarter, the west half and the northeast
quarter of the northeast quarter of section 22, the northwest quarter of
section 26, and the northeast quarter of section 27, all in township 28 north,
range 45 east, W.M. in Spokane county; the southwest quarter and the west half
of the southeast quarter of section 16, the east half of the east half of
section 20, the northeast quarter of the northeast quarter of section 29, the
northwest quarter, the west half of the southwest quarter and government lots
1, 2, 3, 4 and 5 of section 21, including tidelands and government lots 1 and 2
of section 28, including tidelands, all in township 25 north, range 2 west,
W.M. in Jefferson county. The ((commissioner)) department shall,
with the advice and approval of the attorney general, execute such agreements,
writings, or relinquishments and certify to the governor such deeds as are
necessary or proper to effect such exchanges. When such exchanges have been
effected, the lands so acquired in exchange shall be reserved by the ((commissioner
of public lands)) department for state park purposes in accordance
with RCW 79.08.102, 79.08.104 and 79.08.106.
Sec. 62. Section 7, chapter 69, Laws of 1909 as last amended by section 76, chapter 57, Laws of 1985 and RCW 79.24.030 are each amended to read as follows:
The board
of natural resources and the ((state capitol committee)) department
of natural resources may employ such cruisers, draughtsmen, engineers,
architects or other assistants as may be necessary for the best interests of
the state in carrying out the provisions of ((this act)) RCW
79.24.010 through 79.24.085, and all expenses incurred by the board and ((committee))
department, and all claims against the capitol building construction
account shall be audited by the ((state capitol committee)) department
and presented in vouchers to the state treasurer, who shall draw a warrant
therefor against the capitol building construction account as herein provided
or out of any appropriation made for such purpose.
Sec. 63. Section 1, chapter 102, Laws of 1913 and RCW 79.28.010 are each amended to read as follows:
For the
purpose of obtaining from the United States indemnity or lieu lands for such
lands granted to the state for common schools, educational, penal, reformatory,
charitable, capitol building or other purposes, as have been or may be lost to
the state, or the title to or use or possession of which is claimed by the
United States or by others claiming by, through or under the United States, by
reason of any of the causes entitling the state to select other lands in lieu
thereof, the inclusion of the same in any reservation by or under authority of
the United States, or any other appropriation or disposition of the same by the
United States, whether such lands are now surveyed or unsurveyed, the ((commissioner
of public lands)) department of natural resources, with the advice
and approval of the ((board of state land commissioners and the))
attorney general, is authorized and empowered to enter into an agreement or agreements,
on behalf of the state, with the proper officer or officers of the United
States for the relinquishment of any such lands and the selection in lieu
thereof, under the provisions of RCW 79.28.010 through 79.28.030, of lands of
the United States of equal area and value.
Sec. 64. Section 2, chapter 102, Laws of 1913 and RCW 79.28.020 are each amended to read as follows:
Upon the
making of any such agreement, the board of ((state land commissioners)) natural
resources shall be empowered and it shall be ((their)) its
duty to cause such examination and appraisal to be made as will determine the
area and value, as nearly as may be, of the lands lost to the state, or the
title to, use or possession of which is claimed by the United States by reason
of the causes mentioned in RCW 79.28.010, and proposed to be relinquished to
the United States, and shall cause an examination and appraisal to be made of
any lands which may be designated by the officers of the United States as subject
to selection by the state in lieu of the lands aforesaid, to the end that the
state shall obtain lands in lieu thereof of equal area and value.
Sec. 65. Section 6, chapter 312, Laws of 1927 and RCW 79.36.290 are each amended to read as follows:
Any person,
firm or corporation shall have a right of way over public lands, subject to the
provisions of RCW 79.36.230 through 79.36.290, when necessary, for the purpose
of hauling or removing timber, stone, mineral, or other natural products or the
manufactured products thereof of the land. Before, however, any such right of
way grant shall become effective, a written application for and a plat showing
the location of such right of way, with reference to the adjoining lands, shall
be filed with the ((state land commissioner)) department of natural
resources, and all timber on said right of way, together with the damages
to said land, shall be appraised and paid for in cash by the person, firm or
corporation applying for such right of way. The ((state land commissioner))
department of natural resources shall then cause to be issued in
duplicate to such person, firm or corporation a right of way certificate
setting forth the conditions and terms upon which such right of way is granted.
Whenever said right of way shall cease to be used, for a period of two years,
for the purpose for which it was granted, it shall be deemed forfeited, and
said right of way certificate shall contain such a provision: PROVIDED, That
any right of way for logging purposes heretofore issued which has never been
used, or has ceased to be used, for a period of two years, for the purpose of
which it was granted, shall be deemed forfeited and shall be canceled upon the
records ((in the office of the commissioner of public lands)) of the
department. One copy of each certificate shall be filed ((in the office
of the commissioner of public lands)) with the department and one
copy delivered to the applicant. The forfeiture of said right of way, as
herein provided, shall be rendered effective by the mailing of notice of such
forfeiture to the grantee thereof to his last known post office address and by
stamping the copy of said certificate in the ((office of the commissioner of
public lands)) department canceled and the date of such
cancellation. For the issuance of such certificate the same fee shall be
charged as provided in the case of certificates for railroad rights of way.
Sec. 66. Section 1, chapter 87, Laws of 1937 as amended by section 1, chapter 225, Laws of 1955 and RCW 79.40.070 are each amended to read as follows:
It shall be
unlawful for any person to enter upon any of the state lands, including all
land under the jurisdiction of the ((state forest board)) department
of natural resources, or upon any private land without the permission of
the owner thereof and to cut, break or remove therefrom for commercial purposes
any evergreen trees, commonly known as Christmas trees, including fir, hemlock,
spruce, and pine trees. Any person cutting, breaking or removing or causing to
be cut, broken or removed, or who cuts down, cuts off, breaks, tops, or
destroys any of such Christmas trees shall be liable to the state, or to the
private owner thereof, for payment for such trees at a price of one dollar each
if payment is made immediately upon demand. Should it be necessary to
institute civil action to recover the value of such trees, the state in the
case of state lands, or the owner in case of private lands, may exact treble
damages on the basis of three dollars per tree for each tree so cut or removed.
Sec. 67. Section 1, chapter 130, Laws of 1939 as amended by section 1, chapter 123, Laws of 1941 and RCW 79.60.010 are each amended to read as follows:
The ((state
forest board with regard to state forest board lands, and the commissioner of
public lands with regard to state granted lands, are)) department of
natural resources is hereby authorized to enter into cooperative agreements
with the United States of America, Indian tribes, and private owners of timber
land providing for coordinated forest management, including time, rate and
method of cutting timber and method of silvicultural practice on a sustained
yield unit. ((Wherever applicable in this chapter, it shall be understood
that the state forest board shall have complete authority over state forest
board lands and the commissioner of public lands complete authority over state
granted land.))
Sec. 68. Section 2, chapter 130, Laws of 1939 and RCW 79.60.020 are each amended to read as follows:
The ((state
forest board and the commissioner of public lands are)) department of
natural resources is hereby authorized and directed to determine, define
and declare informally the establishment of a sustained yield unit, comprising
the land area to be covered by any such cooperative agreement and include
therein such other lands as may be later acquired by the ((state forest
board)) department and included under the cooperative agreement.
Sec. 69. Section 3, chapter 130, Laws of 1939 and RCW 79.60.030 are each amended to read as follows:
The state
shall agree that the cutting from combined national forest and state lands will
be limited to the sustained yield capacity of these lands in the management
unit as determined by the contracting parties and approved by the ((state
forest board and the commissioner of public lands)) department of
natural resources. Cooperation with the private contracting party or
parties shall be contingent on limitation of production to a specified amount
as determined by the contracting parties and approved by the ((state forest
board and the commissioner of public lands)) department and shall
comply with the other conditions and requirements of such cooperative
agreement.
Sec. 70. Section 2, chapter 123, Laws of 1941 and RCW 79.60.040 are each amended to read as follows:
The private
contracting party or parties shall enjoy the right of easement over ((state
forest board)) lands of the department of natural resources and
state granted lands included under said cooperative agreement for railway, road
and other uses necessary to the carrying out of the agreement. This easement
shall be only for the life of the cooperative agreement and shall be granted
without charge with the provision that payment shall be made for all
merchantable timber cut, removed or damaged in the use of such easement,
payment to be based on the contract stumpage price for timber of like value and
species and to be made within thirty days from date of cutting, removal and/or
damage of such timber and appraisal thereof by the ((commissioner of public
lands and the state forest)) board of natural resources.
Sec. 71. Section 4, chapter 130, Laws of 1939 and RCW 79.60.050 are each amended to read as follows:
During the
period when any such cooperative agreement is in effect, the timber on the
state lands which the ((state forest board and the commissioner of public
lands)) department of natural resources determines shall be
included in the sustained yield unit may, from time to time, be sold at not
less than its appraised value as approved by the ((state forest)) board
((and the commissioner of public lands)) of natural resources,
due consideration being given to existing forest conditions on all lands
included in the cooperative management unit and such sales may be made in the
discretion of the ((state forest board and the commissioner of public lands))
department and the contracting party or parties in the cooperative
sustained yield agreement. These sale agreements shall contain such provisions
as are necessary to effectually permit the ((state forest board and the
commissioner of public lands)) department to carry out the purpose
of this section and in other ways afford adequate protection to the public interests
involved.
Sec. 72. Section 5, chapter 130, Laws of 1939 and RCW 79.60.060 are each amended to read as follows:
The sale of
timber upon ((state forest board)) land of the department of natural
resources and state granted land within such sustained yield unit or units
shall be made for not less than the appraised value thereof as heretofore
provided for the sale of timber on state lands: PROVIDED, That, if in the
judgment of the ((state forest board or the commissioner of public lands))
department, it is to the best interests of the state to do so, said
timber or any such sustained yield unit or units may be sold on a stumpage or
scale basis for a price per thousand not less than the appraised value
thereof. The ((state forest board and the commissioner of public lands))
department shall reserve the right to reject any and all bids if the
intent of this chapter will not be carried out. Permanency of local
communities and industries, prospects of fulfillment of contract requirements,
and financial position of the bidder shall all be factors included in this
decision.
Sec. 73. Section 3, chapter 123, Laws of 1941 and RCW 79.60.080 are each amended to read as follows:
No transfer
or assignment by the purchaser shall be valid unless the transferee or assignee
is acceptable to the ((commissioner of public lands and the state forest
board)) department of natural resources and the transfer or
assignment approved by ((them)) it in writing.
Sec. 74. Section 7, chapter 130, Laws of 1939 as amended by section 4, chapter 123, Laws of 1941 and RCW 79.60.090 are each amended to read as follows:
The
purchaser shall, at the time of executing the contract, deliver a performance
bond or sureties acceptable in regard to terms and amount to the ((commissioner
of public lands and the state forest board)) department of natural
resources, but such performance bond or sureties shall not exceed ten
percent of the estimated value of the timber purchased computed at the stumpage
price and at no time shall exceed a total of fifty thousand dollars. The
purchaser shall also be required to make a cash deposit equal to twenty percent
of the estimated value of the timber purchased, computed at the stumpage bid.
Upon failure of the purchaser to comply with the terms of the contract, the
performance bond or sureties may be forfeited to the state upon order of the ((forest
board or the commissioner of public lands)) department of natural
resources.
At no time shall the amount due the state for timber actually cut and removed exceed the amount of the deposit as hereinabove set forth. The amount of the deposit shall be returned to the purchaser upon completion and full compliance with the contract by the purchaser, or it may, at the discretion of the purchaser, be applied on final payment on the contract.
Sec. 75. Section 2, chapter 246, Laws of 1927 and RCW 89.12.150 are each amended to read as follows:
From and
after the date that the consent of the United States shall be given thereto by
act of congress, the ((said commissioner of public lands)) department
of natural resources is authorized, upon request from the secretary of the
interior, to cause an appraisal to be made by the board of ((state land
commissioners)) natural resources of state lands in any division of
any federal reclamation project which the secretary of the interior shall
advise the ((commissioner of public lands)) department that he
desires to have subdivided into farm units of class referred to in RCW
89.12.140, and also to cause to be appraised by the board of ((state land
commissioners)) natural resources such public lands of the United
States on the same project, or elsewhere in the state of Washington, as the
secretary of the interior may propose to exchange for such state land, and when
the secretary of the interior shall have secured from congress authority to
make such exchange the ((commissioner of public lands)) department
is authorized to exchange such state lands in any federal reclamation project
for public lands of the United States on the same project or elsewhere in the
state of Washington of approximately equal appraised valuation, and in making
such exchange is authorized to execute suitable instruments in writing
conveying or relinquishing to the United States such state lands and accepting
in lieu thereof such public land of approximately equal appraised valuation.
Sec. 76. Section 17, chapter 286, Laws of 1971 ex. sess. as amended by section 6, chapter 47, Laws of 1979 ex. sess. and RCW 90.58.170 are each amended to read as follows:
A
shorelines hearings board sitting as a quasi judicial body is hereby
established within the environmental hearings office under RCW 43.21B.005. The
shorelines hearings board shall be made up of six members: Three members shall
be members of the pollution control hearings board; two members, one appointed
by the association of Washington cities and one appointed by the association of
county commissioners, both to serve at the pleasure of the associations; and
the ((state land)) commissioner of public lands or his designee.
The chairman of the pollution control hearings board shall be the chairman of
the shorelines hearings board. A decision must be agreed to by at least four
members of the board to be final. The members of the shorelines appeals board
shall receive the compensation, travel, and subsistence expenses as provided in
RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 77. RCW 43.30.070, 43.30.080, 43.30.090, 43.30.110, 43.30.120, 43.30.190, 43.30.220, 43.30.230, 43.30.240, 76.12.085, 79.01.040, and 79.01.900 are each decodified.
@70The division of forestry of the department of conservation and development, the board of state land commissioners, the state forest board, and all state sustained yield forest committees were abolished and their powers and duties were transferred to the newly created department of natural resources by 1957 c 38. The forestry powers and duties of the director of conservation and development in Title 76 RCW were also transferred to the department by 1957 c 38. In addition, the powers of the capitol committee under RCW 79.24.010 through 79.24.087 were transferred to the department by 1957 c 38. Of the duties transferred to the department from the board of state land commissioners, the state forest board, and the capitol committee, the board of natural resources was to perform the appraisal, appeal, approval, and hearing functions. See RCW 43.30.130. This act corrects references to these obsolete agencies to refer to the department or board of natural resources or the commissioner of public lands, as appropriate.