HOUSE BILL REPORT

ESSB 5644

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senators Bluechel, Bender, McDonald, Kreidler, Bailey, McMullen, Johnson, Niemi, Vognild, Lee, Smitherman and West)

Transferring designated portions of the Milwaukee Road from the department of natural resources to the parks and recreation commission.

House Committe on Natural Resources & Parks

Majority Report:  Do pass.  (7)

      Signed by Representatives Belcher, Chair;K. Wilson, Vice Chair; Brumsickle; Ferguson;R. Fisher; Raiter and Sayan.

Minority Report:  Without recommendation.  (1)

      Signed by Representative Hargrove.

House Staff:Bill Koss (786-7129)

Rereferred House Committee on Appropriations

Majority Report:  Do pass.  (24)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Brough, Doty, Ferguson, Hine, May, Nealey, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Without recommendation.  (1)

      Signed by Representative McLean.

AS PASSED HOUSE APRIL 11, 1989

BACKGROUND:

The 1981 Legislature directed the Department of Natural Resources (DNR) to acquire 213 miles of railroad right-of-way from the Chicago, Milwaukee, St. Paul and Pacific Railroad (Milwaukee Road) between the town of Easton and the Washington-Idaho state line.  The Milwaukee Road right-of-way is managed by DNR and can be used for trail purposes by obtaining a special use permit from the department.  DNR has the authority to lease portions of the right-of-way to adjacent land owners.

In 1984 the Legislature transferred ownership and control of approximately 25 miles of the Milwaukee Road right-of-way from management by the Department of Natural Resources to the State Parks and Recreation Commission.  The commission-managed portion begins near Easton, continuing east 25 miles.  The commission manages that portion as a recreational trail, identified as Iron Horse State Park.

SUMMARY:

Management of an additional 49 miles of the Milwaukee Road corridor is transferred from DNR to the State Parks and Recreation Commission.  Management of the additional mileage is pursuant to existing authority of the commission regarding the Milwaukee Road corridor.  The transfer shall take place at no cost to the commission. The new portion begins at the eastern end of the Iron Horse State Park managed by the Parks and Recreation Commission and ends at the west end of the bridge over the Columbia River.

The State Parks and Recreation Commission may (1) regulate activities, including closing portions; (2) place hazard warning signs; (3) renegotiate deed restrictions; (4) sell or exchange lands if the action will not adversely affect the corridor's recreational potential; and (5) enter into agreements to modify or realign utility and access roads.

Between the Columbia River and the eastern city limits of the town of Kittitas (approximately 15 miles), the State Parks and Recreation Commission may limit recreational access of the Milwaukee Road corridor to holders of permits issued by the commission.  The commission may adopt rules for the safe use of the corridor and the protection of adjoining landowners, and may include restrictions on permits issued and the availability of corridor use.

The commission may increase recreation management of the corridor and eliminate the permit system if funding is available.  Nothing in the act shall affect any existing or reversionary rights within the right-of-way.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Natural Resources and Parks) Senator Bluechel; Cleve Pinnix, State Parks & Recreation Commission; Stan Biles, Department of Natural Resources; Fred Wert, Rails to Trails Conservancy; Walter Olsen, Independent Horsemen of Washington State; Marlyta Deck, Washington Cattlemen's Association--favored bill with certain reservations.

(Appropriations) None Presented.

House Committee - Testified Against:      (Natural Resources and Parks) Dick Welsh, National Association of Reversionary Property Owners.

(Appropriations) None Presented.

House Committee - Testimony For:    (Natural Resources and Parks) The existing Iron Horse State Park ends where the proposed extension would begin.  By providing an extension, travelers could avoid retracing their steps, since the trail currently dead-ends.  Extending the trail to the Columbia River serves as a tourism boost to the local communities.  These communities endorse the bill.

On the portion of the trail managed by State Parks, problems actually diminish because of the presence of a caretaker.  Parks ensures periodic patrol of the trail, keeping down vandalism and littering.  Parks will work with landowners to resolve concerns, and will extend the trail only as funds become available.

(Appropriations) None Presented.

House Committee - Testimony Against:      (Natural Resources and Parks) Because of reversionary rights held by some landowners, gaps exist in the trail.  This creates problems in managing the trail, since people cross the private property, litter, and otherwise damage property.

The managing agency needs to accept responsibility for maintaining fencing along the trail, which the railroad formerly did.

State Parks should hold public hearings in the area of the trail before adopting any management plan or rules or amending rules.

(Appropriations) None Presented.