RECREATION AND CONSERVATION

OFFICE

For purposes of Title 286 WAC, unless the context clearly indicates otherwise:

"Acquisition" means the gaining of rights of public ownership by purchase, negotiation, or other means, of fee or less than fee interests in real property.

"Applicant" means any agency or organization that meets qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the ((committee)) board. Generally, a federal, state, local, tribal or special purpose government is an applicant.

"Application" means the form, including project information form, approved by the director for use by applicants in soliciting project funds administered by the ((committee)) board.

"Chair" means the chair of the ((committee. See RCW 43.99.110)) board as described in RCW 79A.25.110.

"Development" means the construction and/or restoration of facilities to enhance outdoor recreation or habitat conservation resources.

"Director" means the director of the ((committee)) office or that person's designee((. See RCW 43.99.130)) as described in RCW 79A.25.150.

"Nonhighway and off-road vehicle activities (NOVA) program" means the grants and planning program administered by the ((committee)) board under chapter 46.09 RCW.

"Manual(s)" mean a compilation of state and federal policies, procedures, rules, forms, and instructions that have been assembled in manual form and which have been approved by the ((committee)) board or director for dissemination to agencies and organizations that may wish to participate in the ((committee's)) board's grant program(s).

"Preliminary expense" means project costs incurred prior to ((committee)) board or director approval, other than site preparation/development costs, necessary for the preparation of a development project.

"Project" means the undertaking which is, or may be, funded in whole or in part with funds administered by the ((committee)) board.

"Project agreement" means a project agreement, supplemental agreement, intergovernmental agreement, or project contract between the ((committee)) office and a sponsor.

"Sponsor" means an applicant who has been awarded a grant of funds, and has an executed project agreement.

All communications with the ((committee)) board shall be directed to ((its)) the recreation and conservation office at the Natural Resources Building, 1111 Washington Street S.E., P.O. Box 40917, Olympia, Washington 98504-0917, telephone (((360) 902-3000)) 360-902-3000.

The ((committee)) board:

(1) Is an unsalaried body consisting of the (a) commissioner of public lands, (b) director of the department of fish and wildlife, (c) director of the parks and recreation commission, (or the designees of these individuals) and five citizens appointed by the governor from the public-at-large, with the consent of the senate, for a term of three years each. The chair of the ((committee)) board is a voting member, appointed by the governor from among the five citizen members.

(2) Was created by Initiative 215 (Marine Recreation Land Act of 1964). It is authorized to allocate and administer funds to agencies and organizations from the state's outdoor recreation and other such accounts as may now or hereafter be established.

(3) Is authorized and obligated to prepare, maintain and update statewide plans, including:

(a) A strategic recreation resource and open space or assessment and policy plan (RCW ((43.99.025)) 79A.25.020 and 79A.35.040); and

(b) A nonhighway and off-road vehicle plan (((RCW 46.09.250);

(c) A trails plan (RCW 67.32.050))) (RCW 46.09.370).

(4) Does not own or operate any outdoor recreation or resource facilities.

(5) Performs and accomplishes work by a staff under the supervision of a director appointed by the governor.

(6)(a) Conducts regular meetings, pursuant to RCW 42.30.075, according to a schedule it adopts in an open public meeting.

(b) May conduct special meetings at any time, pursuant to RCW 42.30.080, if called by the chair.

(c) Maintains an official record of its meetings in a recorded audio format, unless written minutes are otherwise indicated for logistical reasons.

(7) Members who have been appointed from the public-at-large shall be reimbursed at the rate established by the office of financial management in accordance with RCW 43.03.050(1) for each day or portion thereof spent on official business and shall be entitled to receive all necessary travel expenses on the same basis as is provided by law for state officials and employees generally.

(8) Defines a quorum as five of its members.

(9) Adopts parliamentary meeting procedure generally as described in Robert's Rules of Order.

The general goals of the ((committee)) board and office are to:

(1) Provide funds and planning assistance for acquisition and development and use of outdoor recreation and habitat conservation resources to maximize protection of the natural quality of the environment;

(2) Provide funds and planning assistance for a system of public recreational facilities and opportunities for state residents and visitors;

(3) Aid organizations and local government, with funds and planning assistance, in providing the type of facilities and resources which, under their jurisdiction, will best serve their needs for outdoor recreation and habitat conservation; and

(4) Encourage programs which promote outdoor education, skill development, participation opportunity and proper stewardship of recreation and natural resources. See also RCW ((43.99.010)) 79A.25.005.

(1) The ((committee)) board has determined that all of its activities and programs in effect as of December 12, 1975, or pursuant to WAC 197-11-800 are exempt from threshold determinations and environmental impact statement requirements under the provisions of WAC 197-11-875.

(2) To the extent applicable, it is the responsibility of applicants and sponsors to comply with the provisions of chapter 197-11 WAC, the State Environmental Policy Act rules for acquisition or development of projects, the National Environmental Protection Act, and to obtain associated land-use permits.

(1) The ((committee)) board or director shall adopt manuals that describe its general administrative policies for use by applicants, potential applicants, sponsors, and others. These manuals shall not have the force or effect of administrative code rules.

(2) ((Committee)) Board policies, including those in the manuals shall be considered and approved by the ((committee)) board in an open public meeting. Notice of such considerations will be given by distribution of the agenda for the meeting, press releases, formal meeting notice in the Washington State Register, or other such means.

(3) Project applicants, sponsors, or other interested parties may petition the director for a waiver or waivers of those items dealing with general administrative matters and procedures within the manuals. Determinations on petitions for waivers made by the director are subject to review by the ((committee)) board at the request of the petitioner.

(4) Petitions for waivers of subjects dealing with ((committee)) board policy, and those petitions that in the judgment of the director require ((committee)) board review, shall be referred to the ((committee)) board for deliberation. Such waivers may be granted after consideration by the ((committee)) board at an open public meeting.

It is the policy of the ((committee)) board to use an open, public, competitive selection process to guide it in allocating funds to grant applicants. In this regard, the director shall use priority rating systems in preparing funding recommendations for ((committee)) board consideration. These systems shall:

(1) Be developed, to a reasonable extent, through the participation of interested parties and specialists;

(2) Consider applicant, local, regional, and statewide needs, a project's technical merits, and other criteria;

(3) Be adopted by the ((committee)) board in advertised public meetings;

(4) Be made available in published form to interested parties;

(5) Be designed for use by a team of evaluators selected for this purpose; and

(6) Be in accord with statutes.

Consistent with RCW ((43.99.025)) 79A.25.020, and other applicable laws, the director is delegated the authority and responsibility to carry out policies of the ((committee)) board. This includes, but is not limited to the authority to:

(1) Administer ((committee)) programs; employ, discipline, and terminate staff, consistent with applicable merit system and personnel rules;

(2) Administer all applicable rules, regulations and requirements established by the ((committee)) board or reflected in the laws of the state; and

(3) Approve certain cost increase or waiver requests.

At times through the years, the ((committee's)) board's grant programs have been closely interrelated with certain federal grant programs. For example, see WAC 286-40-010, Land and Water Conservation Fund. The result of this interrelationship is that there are many federal requirements imposed on the ((committee)) board and its applicants over which the ((committee)) board has no control.

Many of these requirements may be found in the Land and Water Conservation Fund Grants Manual (National Park Service). In addition, most of the federal requirements are restated or clarified in the manuals.

(1) Any person may submit a petition for a declaratory order in accordance with RCW 34.05.240 in any form so long as it:

(a) Clearly states the question the declaratory order is to answer; and

(b) Provides a statement of the facts which raise the question.

(2) The director may conduct an independent investigation in order to fully develop the relevant facts.

(3) The director will present the petition to the ((committee)) board at the first meeting when it is practical to do so and will provide the petitioner with at least five days notice of the time and place of such meeting. Such notice may be waived by the petitioner.

(4) The petitioner may present additional material and/or argument at any time prior to the issuance of the declaratory order.

(5) The ((committee)) board may decide that a public hearing would assist its deliberations and decisions. If such a hearing is ordered, it will be placed on the agenda of a meeting and at least five days notice of such meeting shall be provided to the petitioner.

(1) As of July 1, 1995, the "recreation resource account," RCW 79A.25.200, included ((appropriations and)) funds, under ((RCW 43.99.040 (recodified as)) RCW 79A.25.040 ((since 1999))), in support of the ((committee's)) boating facilities and other programs. These funds are derived from:

(a) Unclaimed marine fuel tax refunds;

(b) Moneys made available to the state of Washington by the federal government for outdoor recreation; and

(c) Such other sources as may be provided.

(2) As of July 1, 1995, the "NOVA program account," RCW 46.09.510, included ((appropriations and)) funds, under RCW ((46.09.110 and 46.09.170)) 46.68.045 and 46.09.520, in support of the ((committee's)) nonhighway and off-road vehicle activities program. These funds are derived from:

(a) Refunds from the motor vehicle fund for nonhighway and off-road purposes;

(b) Off-road vehicle permit fees; and

(c) Such other sources as may be provided.

(3) As of July 1, 1990, the "habitat conservation account," RCW 79A.15.020, included ((appropriations and)) funds, under chapter (( 43.98A RCW (recodified as chapter)) 79A.15 RCW ((since 1999))), in support of the ((committee's)) Washington wildlife and recreation program. These funds are derived from:

(a) Sales of bonds approved in capital budget appropriations; and

(b) Such other sources as may be provided.

(4) As of July 1, 1995, the "outdoor recreation account," RCW 79A.25.060, included ((appropriations and)) funds, under chapter (( 43.98A RCW (recodified as chapter)) 79A.15 RCW ((since 1999))), in support of the ((committee's)) Washington wildlife and recreation program. These funds are derived from:

(a) Sales of bonds approved in capital budget appropriations; and

(b) Such other sources as may be provided.

(5) Prior to July 1, 1995, the "outdoor recreation account," RCW 79A.25.060, included ((appropriations and)) funds, in support of the ((committee's)) board's programs. Funds were derived from:

(a) Unclaimed marine fuel tax refunds under RCW ((43.99.040 (recodified as RCW 79A.25.404 since 1999))) 79A.25.040;

(b) Sales of bonds under Referenda 11, 18, 21, and 28, and HJR 52;

(c) State apportionments of the federal land and water conservation fund;

(d) Moneys refunded from the motor vehicle fund under RCW ((46.09.170)) 46.09.520 and funds received under RCW ((46.09.110)) 46.68.045 for nonhighway and off-road vehicle purposes;

(e) Off-road vehicle permit fees;

(f) Sales of general obligation bonds for outdoor recreation purposes under RCW ((43.98A.050)) 79A.15.050; and

(g) Such other sources as were provided.

(6) As of July 1, 1990, the "firearms range account" includes appropriations and funds, under ((RCW 77.12.720 (recodified as)) RCW 79A.25.210 ((since 1999))), in support of the ((committee's)) firearms and archery range recreation program((s)). These funds are derived from:

(a) Concealed pistol license fees under RCW 9.41.070;

(b) Destruction of firearms programs under RCW 9.41.098; and

(c) Such other sources as may be provided.

(7) As of July 1, 2003, the "aquatic lands enhancement account" ((includes appropriations under section 377, chapter 26, Laws of 2003, 1st sp. sess. These)) funds are derived from the proceeds from sale or lease of aquatic lands or valuable materials therefrom under RCW ((79.90.245 and 79.90.450)) 79.105.150.

The ((committee)) office provides support to the salmon recovery funding board, as directed in RCW 79A.25.240, including administration and management of the salmon board's public records. Such records shall be managed and made available through the ((committee's)) public records officer in the same manner as provided for ((committee)) office records and set forth in this chapter.

All public records of the ((committee and board)) office, as defined in RCW ((42.17.260)) 42.56.070, as now or hereafter amended, are available for public inspection and copying pursuant to this regulation, except as otherwise provided by law, including, but not limited to, RCW ((42.17.255 and 42.17.310)) 42.56.050 and 42.56.210 and WAC 286-06-100(( - )), Exemptions.

The public records shall be available through a public records officer designated by the director. The public records officer shall be responsible for: Implementation of the rules and regulations regarding release of public records, coordinating the staff of the ((committee)) office in this regard, and generally ensuring compliance with the public records disclosure requirements of chapter ((42.17)) 42.56 RCW as now or hereafter amended.

(1) Through its public records officer, the ((committee)) office shall maintain indexes for the records and files listed in subsection (2)(a) through (g) of this section. These indexes:

(a) Provide identifying information as to its files and records;

(b) Are available for public inspection and copying at its offices in the Natural Resources Building, Olympia, in the manner provided in this chapter for the inspection and copying of public records;

(c) Are updated at least every five years and revised at appropriate intervals; and

(d) Are public records even if the records to which they refer may not, in all instances, be subject to disclosure.

(2) Indexes of the following records and files are available:

(a) Archived files;

(b) Equipment inventory;

(c) ((Committee)) Office and board policies and procedures, including manuals;

(d) Active project files;

(e) Publications such as brochures and special reports;

(f) Policy statements entered after June 30, 1990, as defined in RCW 34.05.010(15), including grant program manuals; and

(g) Rule-making files, as described in RCW 34.05.370, for each rule proposed for adoption in the State Register and adopted.

(3) The following general records and files are available by reference to topic, and generally arranged alphabetically or chronologically within such topic. Due to volume, costs and/or complexity, however, no master index is maintained.

(a) Administrative files;

(b) Comprehensive park-recreation plans;

(c) Summaries of ((committee)) office staff meetings;

(d) Closed/inactive project files;

(e) General correspondence;

(f) Attorney general opinions;

(g) Financial records;

(h) Summaries and memoranda of ((committee)) office and board meetings;

(i) Final adjudicative proceeding orders entered after June 30, 1990, as defined in RCW 34.05.010(1) that contain an analysis or decision of substantial importance to the ((committee)) office or board in carrying out its duties (each listed alphabetically by subject with a phrase describing the issue or issues and relevant citations of law);

(j) Declaratory orders entered after June 10, 1990, that contain an analysis or decision of substantial importance to the ((committee)) office or board in carrying out its duties (each listed alphabetically by case name with a phrase describing the issue or issues and relevant citations of law); and

(k) Interpretive statements as defined in RCW 34.05.010(8) (each indexed by the ((committee)) office or board program).

(4) Before June 30, 1990, the ((committee)) office maintained no index of:

(a) Declaratory orders containing analysis or decisions of substantial importance to the ((committee)) office in carrying out its duties;

(b) Interpretive statements as defined in RCW 34.05.010(8); and

(c) Policy statements as defined in RCW 34.05.010(((14))) (15).

Public records shall be available for inspection and copying during the ((committee's)) office's customary office hours. Those hours shall be consistent with RCW 42.04.060 and ((42.17.280)) 42.56.090, from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

Consistent with chapter ((42.17)) 42.56 RCW, public records may be inspected or copied or copies of such records may be obtained by members of the public, upon compliance with the following procedures:

(1) A request shall be made in writing, preferably on a form prescribed by the director, which shall be available at its Olympia office or electronically. The request shall be presented to the public records officer or designee. The request shall include the following information:

(a) The name of the person requesting the record;

(b) The calendar date on which the request was made;

(c) The nature of the request;

(d) A reference to the requested record as it is described in any current index, if the matter requested is referenced within indexes; and

(e) An appropriate description of the record requested, if the requested matter is not identifiable in the indexes.

(2) Whenever a member of the public makes a request, the public records officer or designee shall ensure the request receives a "date received" stamp or equivalent notation and that assistance is provided in promptly identifying the public record requested as defined in RCW ((42.17.320)) 42.56.520. The ((agency)) office shall assist to the maximum extent consistent with ongoing operations, and retains the authority to condition records access to prevent unreasonable invasions of privacy, access to other information protected from disclosure by law, damage/disorganization, and excessive interference with office operations and equipment.

(1) No fee shall be charged for the inspection of public records.

(2) The director shall charge a fee of fifteen cents per page for providing copies of public records and for use of the ((committee's)) office's copy equipment. Copying in other formats shall be subject to a fee established by the director. These charges will be the amount necessary to reimburse the ((committee)) office for its actual costs incident to such copying.

(1) The ((committee and/or board and the)) director reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 286-06-080 is exempt under the provisions of state or federal law, or chapter ((42.17)) 42.56 RCW.

(2) In addition, pursuant to chapter ((42.17)) 42.56 RCW, the ((committee and/or board and the)) director reserves the right to delete identifying details when made available or published in cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy, or would disclose information otherwise protected by law.

(3) All denials of requests for public records, in whole or part, will be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

(1) Any person who objects to the denial of a request for a public record may petition the director for review by submitting a written request. The request shall specifically refer to the written statement which constituted or accompanied the denial.

(2) After receiving a written request for review of a decision denying inspection of a public record, the director, or designee, will either affirm or reverse the denial by the end of the second business day following receipt according to RCW ((42.17.320)) 42.56.520. This shall constitute final ((committee and/or board)) action. ((Whenever possible in such matters, the director shall first consult with the committee's or board's chair and members.))

(1) This chapter contains general rules affecting grant program eligibility, applications, and projects funded with money from or through the ((committee)) board.

(2) Further rules are in chapter 286-26 WAC (Nonhighway and off-road vehicle activities program), chapter 286-27 WAC (Washington wildlife and recreation program), chapter 286-30 WAC (Firearms and archery range recreation program), chapter 286-35 WAC (Initiative 215 boating facilities program), chapter 286-40 WAC (Land and water conservation fund program) and chapter 286-42 WAC (Aquatic lands enhancement account program).

(1) All grant requests must be completed and submitted in the format prescribed ((by the committee unless otherwise allowed)) by the director.

(2) If the director determines that the applicant is eligible to apply for federal funds administered by the ((committee)) board, the applicant must execute the forms necessary for that purpose.

(1) All applications for funding submitted to the ((committee)) office will be referred to the director for review and recommendations. In reaching a recommendation, the director shall seek the advice and counsel of the ((committee's)) office's staff and other recognized experts, including those gathered at technical review and evaluation meetings or from other parties with experience in the field.

(2) The ((committee)) office shall inform all applicants of the specific project application process and methods of review, including current evaluation tests and instruments, by delineating these items in the manuals or other publicly available formats.

(1) ((Applications. To allow time for review, applications)) Compliance with the following deadlines is required to be eligible for grant funding and to receive grant funding.

(a) Applications must be submitted at least four calendar months before the ((funding)) meeting of the board at which the applicant's project is first considered. Applications must be completed in final form and on file with the ((committee)) office at least one calendar month before ((this)) the meeting of the board at which the applicant's project is first considered. Excepted are applications for ((the National Recreational Trails Funding Act, Riparian Habitat, and Youth Athletic Facilities Programs, and)) programs where the director specifically establishes another deadline to accomplish new or revised statutory direction, board direction, or to meet a federal grant application deadline.

(((2) Plans.)) (b) Plans required for participation in ((committee)) board grant programs must be complete and on file with the ((committee)) office at least three calendar months before the ((funding)) meeting of the board at which the applicant's project is first considered. On the director's acceptance of the plan, the applicant shall be granted eligibility to submit applications for a period of up to six years.

(((3) Matches.)) (c) To ((allow time for development of)) develop the director's funding recommendations, written assurance must be provided whenever matching resources are to be considered as a part of an application. This assurance must be provided by the applicant to the ((committee)) office at least one calendar month before the meeting of the board at which the project is to be considered for funding.

(((4) Project agreement.)) (d) To prepare a project agreement, certain documents or materials in addition to the application may be required by the office. These documents or materials must be provided by the applicant to the office at least two calendar months after the date the board or director approves funding for the project or earlier to meet a federal grant program requirement. After this period, the board or director may rescind the offer of grant funds and reallocate the grant funds to another project(s).

(e) An applicant has three calendar months from the date ((of the committee's mailing of)) the office sends the project agreement to ((execute)) sign and return the agreement to the ((committee's)) office. After this period, the ((committee)) board or director may reject any agreement not signed and returned and reallocate the grant funds to another project(s).

(((5) Waivers.)) (2) Compliance with ((these)) the deadlines is required ((for eligibility)) unless a waiver is granted by the board or director. Such waivers are considered based on several factors which may vary with the type of waiver requested, including any one or more of the following:

(a) ((When the applicant started the application/planning process (for application and plan deadline waivers))) Current status and progress made to meet the deadline;

(b) ((Progress made)) The reason the established deadline could not be met;

(c) When ((final plan adoption will occur (for plan deadline waivers))) the deadline will be met;

(d) ((The cause of the delay (procedural or content related, etc.);

(e))) Impact on the ((committee's)) board's evaluation process;

(((f))) (e) Equity to other applicants; and

(((g))) (f) Such other information as may be relevant.

(1) When ((requiring a match from an applicant for committee administered funds, or giving)) the board gives preference to an applicant that provides a ((match)) matching resource, it is the intent of the ((committee)) board to do so to foster and demonstrate local commitment to the proposed project ((and to demonstrate that commitment, and)), to make funds from a given grant program ((())and revenue source(())) available to a greater number of projects, and to fund projects that are ready to implement without delay.

(2) Applicant resources used to match ((committee)) board funds must be eligible in the grant program. Sources of matching resources include, but are not limited to, any one or more of the following: ((Cash; local impact/mitigation fees; certain federal funds; the value of donations such as privately owned real estate, equipment, equipment use, materials, and labor; or any combination thereof))

(d) Grant funds, except those from the same grant program administered by the board.

(3) ((An agency's or organization's match may include state and federal funds, including funds from other grant programs administered by the committee. However, the committee)) The board may require the ((agency or organization)) applicant to provide a portion of ((the match)) its matching resources in local resources.

(4) ((Private donated real property, or the value of that property, must consist of real property (land and facilities) that would normally qualify for committee grant funding.

(5))) State agency projects may be assisted by one hundred percent funding from ((committee sources)) board funds except where prohibited by law or the board.

The ((committee)) board will review recommendations from the director for grant projects at regularly scheduled ((funding sessions. It)) public meetings. The board retains the authority and responsibility to accept or deviate from these recommendations and((, where statutory authority exists, it alone will)) make the final decision concerning the funding of a project.

For every funded project, an agreement must be executed as provided in this section.

(1) The project agreement shall be prepared by the ((director)) office subsequent to approval of the project by the ((committee)) board at a public meeting. The ((director shall execute the agreement on behalf of the committee and tender the document to the applicant. On execution by the applicant, who through this action becomes the sponsor,)) project agreement is executed upon the signature of the office and the applicant and the parties are bound by the agreement's terms. The applicant ((may)) shall not proceed ((with the project)) until the project agreement has been executed ((and the project start date listed in the agreement has arrived)), unless specific authorization pursuant to WAC 286-13-085 (((1)(a))) has been given by the director.

(2) If the project is approved by the ((committee)) board to receive a grant from federal funds, the director shall not execute an agreement or amendment with the applicant until federal funding has been authorized through ((execution of a concurrent project)) an agreement with the applicable federal agency.

(1) Except as otherwise provided ((herein)) in this chapter, the ((director)) office will authorize disbursement of project funds only on a reimbursable basis((, after the sponsor has spent its own funds and)) at the percentage identified in the project agreement after the sponsor has presented ((a billing showing satisfactory evidence of property rights acquired and/or)) an invoice documenting costs incurred and compliance with ((partial or all)) the provisions of the project agreement.

(2) ((Reimbursement level.)) The amount of reimbursement may never exceed the cash spent on the project.

(3) ((Partial payment. Partial reimbursements may be made during the course of a project on presentation of billings showing satisfactory evidence of partial acquisition or development.

(b) Direct payment.)) Reimbursement shall not be approved for any donations, including donated real property.

(4) Direct payment to an escrow account of the ((committee's)) office's share of the approved cost of real property and related costs may be made following ((committee)) office approval ((of an acquisition project)) when the sponsor indicates a temporary lack of funds to purchase the property on a reimbursement basis. Prior to release of the ((committee's)) office's share ((of)) into escrow ((funds)), the sponsor must provide the ((director)) office with a copy of a binding ((sale)) agreement between the sponsor and the seller, all required documentation, and evidence of deposit of the sponsor's share (((if any))), identified in the project agreement, into an escrow account.

((Except as hereinafter provided, the committee will not approve the disbursement of funds for expenses)) Unless otherwise provided in this chapter, the office shall not approve the disbursement of funds for costs incurred before execution of a project agreement.

Under most conditions, eligible expenses may only be reimbursed for activities)) (1) The office will only reimburse costs that occur within the period ((cited)) of performance in the project agreement((. This is known as the committee's prohibition on retroactivity. To avoid this prohibition, a waiver may be issued.

(1) Retroactive land acquisition costs)).

(2) The director may grant a waiver of retroactivity for acquiring real property whenever an applicant asserts, in writing, ((that a condition exists which may jeopardize the project)) the justification for the critical need to purchase the property in advance of the project agreement along with any documentation required by the director. When evidence warrants, the director may grant the applicant permission to proceed by issuing ((the)) a written waiver. This waiver of retroactivity will not be construed as ((an)) approval of the proposed project. If the project is subsequently approved, however, the costs incurred will be eligible for ((assistance)) grant funding. If the project is to remain eligible for ((grant support)) funding from federal funds, the director shall not authorize a waiver of retroactivity to the applicant until the federal agency administering the federal funds has issued its own waiver of retroactivity as provided under its rules and regulations. A waiver may be issued for more than one grant program.

(((2) Retroactive development costs.)) (3) The only retroactive acquisition, development, and restoration costs eligible for ((reimbursement consideration are preliminary expenses (e.g., engineering costs).

(a))) grant funding are preagreement costs as defined by the board.

(4) Cost increases for approved projects may be granted by the ((committee)) board or director if financial resources are available.

(((b))) (a) Each cost increase request will be considered on its merits.

(d))) (b) The director may approve a ((sponsor's acquisition, development, and/or noncapital project)) cost increase request so long as the ((total request)) cost increase amount does not exceed ten percent of the project's approved initial ((cost)) grant funding amount. The director's approval of an acquisition project cost increase is limited to a parcel-by-parcel appraised and reviewed value.

Insofar as is possible under the ((committee's)) board's statewide ((plan(s))) plan provided ((under WAC 286-04-020(3))) in this chapter, applications will be administered and approved in a manner that will maximize any federal assistance available for the benefit of projects in Washington.

Any ((sponsor expenditure of committee grant moneys)) project cost deemed by the ((committee)) board or director to conflict with applicable statutes, rules and/or related manuals must be repaid, upon written request by the director, to the appropriate state account per the terms of the project agreement. Such repayment requests may be made in consideration of an applicable report from the state auditor's office.

(1) ((Income.

(a) Compatible source.)) The source of any income generated in a ((committee assisted)) funded project or project area must be compatible with the ((element(s) defined in the)) funding source and project agreement.

(a) The way the project or project area is defined varies with the source of funds provided by the ((committee)) board. That is, income generated in a project assisted with funds that originate from:

(i) A state source must be consistent with the limits of the element(s) assisted by the ((committee)) board (for example, within the area of an athletic field or habitat area).

(ii) The federal land and water conservation fund must be consistent within the protected boundary as described in ((chapter 660.2.6.A. ("project area") of the L&WCF Grants-in-Aid Manual)) the Land and Water Conservation Fund Act, 36 C.F.R., Part 59.

(b) ((Fees.)) User ((and/or)) or other fees may be charged in connection with land acquired or facilities developed with ((committee)) board grants if the fees are consistent with the:

(i) Value of any service(s) furnished; ((and))

(ii) Value of any ((opportunity(ies))) opportunities furnished; and

(iii) Prevailing range of public fees in the state for the activity involved.

(iv) Excepted are firearms and archery range recreation program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (RCW ((77.12.720)) 79A.25.210).

(2) ((Income use.)) Regardless of whether income or fees in a ((committee assisted)) project area (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the project agreement, unless precluded by state or federal law, the revenue may only be used to offset:

(a) The sponsor's matching ((funds; and/or)) resources;

(b) The project's total cost; ((and/or))

(c) The expense of operation, maintenance, ((and/or)) stewardship, monitoring, or repair of the facility or program assisted by the ((committee)) board's grant; ((and/or))

(d) The expense of operation, maintenance, ((and/or)) stewardship, monitoring or repair of other similar units in the sponsor's ((park and recreation and/or habitat conservation)) system; ((and/or)) or

(e) Capital expenses for similar acquisition ((and/or)) or development.

(1) Sponsors shall not discriminate against users of projects assisted with ((committee)) board funds on the basis of race, creed, color, sex, religion, national origin, disability, marital status, or sexual orientation.

(2) Sponsors shall not express a preference for users of ((committee)) board grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems). However, reasonable differences in admission and other fees may be maintained on the basis of residence. The ((committee)) board does not encourage the imposition of such differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities.

Permanent signs identifying that land was acquired ((or facilities)), developed or restored with financial assistance from the ((committee)) board are required unless waived by the director. Such waivers are considered based on agreed project goals.

This chapter contains rules affecting the nonhighway and off-road vehicle activities grant program administered by the ((committee)) board under chapter 46.09 RCW. Additional provisions are contained in "What definitions apply to this chapter?" WAC 286-04-010 and "General grant assistance rules((,))" chapter 286-13 WAC.

For purposes of this chapter, the following definitions shall apply:

"Management" means the action taken in exercising control over, regulating the use of, and operation and maintenance of ORV trails and ORV areas.

"NOVA" means the ((committee's)) board's nonhighway and off-road vehicle activities program described in chapter 46.09 RCW.

"NOVA advisory committee" as provided in RCW ((46.09.280)) 46.09.340, means the panel of representatives chosen to advise the director in the development of the statewide NOVA plan, the development of a project priority rating system, the suitability and evaluation of NOVA projects submitted to the ((committee)) board for funding, and other aspects of NOVA recreation as the need may arise, in accordance with chapter 46.09 RCW.

"Off-road vehicle" (((ORV))) as provided in RCW ((46.09.020)) 46.04.365.

"ORV sport park" as provided in RCW ((46.09.020, means a facility that accommodates racing two, three, and/or four-wheel ORVs, and four-wheeled vehicles over forty inches width which are equipped with four-wheel drive or other characteristics such as nonslip drive trains and high clearance. Such courses include ORV trail or area characteristics such as sharp turns, jumps, soft tread material, dips, or other obstacles found in more natural settings)) 46.09.310. Race courses which are paved and designed primarily for other vehicles, such as go-karts and formula cars, are not eligible for funds from the NOVA program account.

Yes. To be eligible for grant consideration under this chapter, applicants must complete a plan in accordance with WAC 286-13-040(2), except that such a plan is not required to support a funding request for education((—)) and enforcement ((and/))or maintenance((—)) and operation projects. At minimum the plan must include:

(1) A statement of the applicant's long-range goals and objectives;

(2) An inventory((, or description of the planning area));

(3) An analysis of demand and need, that is, why actions are required;

(4) A description of how the planning process gave the public ample opportunity to be involved in development of the plan;

(5) A current capital improvement program of at least six years; and

(6) Evidence that this plan has been approved by the applicant's governing entity most appropriate to the plan's scope. For example, a city or county-wide plan must be approved at the council or commission level. Plans with a different scope will be approved by department heads, district rangers, regional managers/supervisors, etc.

(1) Without prior approval of the ((committee)) board, land, natural resources and/or facilities purchased and/or developed with ((committee)) board administered NOVA funds shall not be converted to uses other than those for which the funds were originally approved.

(2) The ((committee)) board is entitled to pursue and obtain remedies that assure the substitution or replacement of natural resources or facilities in accordance with this chapter.

The ((committee)) board shall only approve conversions when:

(1) All practical alternatives to the conversion have been evaluated and rejected on a sound basis; and

(2) Another resource(s) will serve as a replacement. The replacement resource(s) must:

(a) ((())If a land acquisition(())), be real ((property(ies))) property of at least equal fair market value and public benefit at the time of conversion;

(b) ((())If a development(())), provide a facility of at least equal fair market value and public benefit as that which existed at the time of the original investment;

(c) Be of reasonably equivalent or greater recreation usefulness and location;

(d) Be administered by the same political jurisdiction as the converted property ((and/))or development;

(e) Satisfy ((need(s))) needs identified in the ((committee's)) board's or sponsor's plan; and

(f) Include only elements eligible under the ((committee's)) board's program from which funds were originally allocated.

Yes. Sponsors must execute an instrument(s) containing:

(1) For fee or perpetual property rights acquisition projects:

(a) A legal description of the property acquired;

(b) A conveyance to the state of Washington for the right to use the described real property for outdoor recreation purposes forever unless a term is specified in the project agreement; and

(c) A prohibition on conversion of use of the land to a principal use other than that for which funds were originally approved without prior approval of the ((committee)) board.

(2) For lease, less than fee, or nonperpetual property rights, a binding agreement which:

(a) Contains a legal description of the property and rights acquired;

(b) Contains a conveyance to the state of Washington for the right to use the described real property for outdoor recreation purposes for the period of the lease;

(c) Contains a prohibition on conversion of use of the land/natural resource to a principal use other than that for which funds were originally approved without prior approval of the ((committee)) board;

(d) Is for at least twenty-five years unless precluded by state law;

(e) Is not revocable at will;

(f) Has a value supported through appraisal requirements approved by the ((committee)) board; and

(g) Is paid for in lump sum at initiation.

Yes.

(1) Properties and facilities assisted with money granted by the ((committee)) board shall not be converted (WAC 286-26-083(1)).

(2) Properties and facilities assisted with money granted by the ((committee)) board shall be:

(a) Built, operated, used, and maintained according to federal, state, and local laws and regulations, including public health standards and building codes;

(b) Built, operated, used, and maintained in a reasonably safe condition for the project's intended use;

(c) Operated and maintained throughout its estimated life so as to prevent undue deterioration; and

(d) Built and operated in compliance with all federal and state nondiscrimination laws, regulations, and policies.

(3) Facilities open to the public must:

(a) Be built, operated, and maintained according to state and federal accessibility guidelines((.));

(b) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods((.)); and

(c) Be available for use at reasonable hours and times of the year, according to the type of area or facility.

A ((committee-federal)) board-federal agency agreement signed by the parties shall control the provision of funds granted by the ((committee)) board for facility developments to federal agency sponsored projects. Absent this agreement, the (("general provisions")) standard terms and conditions of ((committee's)) board's project agreement shall control.

The ((committee)) board will establish ((NOVA program)) sponsor matching share requirements and fund request limits. Any changes will normally be done at a ((committee)) board meeting six months before program funding consideration.

This chapter contains rules affecting the Washington wildlife and recreation grant program (((WWRP))) administered by the ((committee)) board under chapter 79A.15 RCW. Additional provisions are contained in "What definitions apply to this chapter?" WAC 286-04-010 and "General grant assistance rules((,))" chapter 286-13 WAC. These moneys are available through the ((committee)) board for projects in the following accounts and categories:

(1) Farmlands preservation account((.));

(2) Habitat conservation account:

(a) Critical habitat category;

(b) Natural areas category;

(c) Urban wildlife habitat category; and

(d) ((Restoration-enhancement on state lands category.)) State lands restoration and enhancement category.

(3) Outdoor recreation account:

(a) State parks category;

(b) Local parks category;

(c) Trails category;

(d) Water access category; and

(e) ((Development-renovation on state lands category.)) State lands development and renovation category.

(4) Riparian protection account.

Yes. Except as noted under subsection (2) of this section, to be eligible for grant consideration under this chapter, applicants must complete a plan in accordance with WAC 286-13-040(2).

(1) At a minimum the plan must include:

(a) A statement of the applicant's long-range goals and objectives;

(b) An inventory((, or description of the planning area));

(c) An analysis of demand and need, that is, why actions are required;

(d) A description of how the planning process gave the public ample opportunity to be involved in development of the plan;

(e) A current capital improvement program of at least six years; and

(f) Evidence that this plan has been approved by the applicant's governing entity. For example, a city plan would be approved at the council level and a county-wide plan at the county council or commission level. Plans with a different scope would be approved by department heads, regional managers/supervisors, etc.((;))

(2) A plan is not required for projects submitted in the farmlands preservation account.

A "conversion" occurs when interests in real property and facilities acquired, developed, renovated, enhanced or restored ((with WWRP funds)) are converted to uses other than those for which the funds were originally approved and described in the project agreement ((with the committee)). Interests in real property include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights.

Yes. Sponsors must execute an instrument(s) containing these provisions:

(1) For acquisition of perpetual interest in real property:

(a) A legal description of the property acquired;

(b) A conveyance to the state of Washington of the right to use the described real property for farmland, habitat conservation, and/or outdoor recreation purposes; and

(c) Except as provided in WAC 286-27-066, agreement to a prohibition on conversion of use.

(2) For acquisition of nonperpetual interest in real property:

(a) A legal description of the property and a description of the interests acquired;

(b) A conveyance to the state of Washington of the right to use the described real property for farmland, habitat conservation, and/or outdoor recreation purposes for the term of the lease or easement;

(c) Except as provided in WAC 286-27-066, agreement to a prohibition on conversion of use;

(d) A lease(s) or easement(s) period of at least fifty years except for:

(i) Farmlands preservation account projects which shall be for at least twenty-five years; or

(ii) Projects that extend conservation reserve enhancement program leases which shall be for at least twenty-five years((;)).

(e) Is not revocable at will;

(f) Has a value supported through appraisal methods approved by the ((committee)) board; and

(g) Terms of payment between the sponsor and seller.

Yes.

(1) Unless otherwise approved by the ((committee)) board, environmental restoration and enhancement projects ((granted WWRP funds)) must continue to provide the functions for which the funds were originally approved and not be converted to any other use.

(2) When approving such a conversion, the ((committee)) board shall require the ((grant recipient)) sponsor or successor to provide for environmental restoration or enhancement as a replacement. When approving the replacement, ((committee)) board considerations shall include the intended ecological benefits of the replacement compared to those of the original project and likelihood that the replacement project will be successful.

Yes.

(1) Properties, structures, and facilities developed with the assistance of money granted by the ((committee)) board shall not be converted except as provided in WAC 286-27-066.

(2) Properties, structures, and facilities developed with the assistance of money granted by the ((committee)) board shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health standards to assure a reasonably safe condition and to prevent premature deterioration.

(3) Properties, structures, and facilities intended for public use shall meet state and federal accessibility guidelines and nondiscrimination laws, regulations, and policies; be maintained to a standard that encourages use; and be open and available to the public at reasonable hours and times of the year.

(1) Except as provided in this section, interest in real property and facilities acquired, developed, renovated, enhanced or restored ((with WWRP funds)) shall not, without prior approval of the ((committee)) board be converted to uses other than those for which the funds were originally approved.

(2) The ((committee)) board shall assure the substitution or replacement of interest in real property and/or facilities in accordance with this chapter.

(3) The ((committee)) board shall only approve conversions when:

(a) All practical alternatives to the conversion have been evaluated and rejected; and

(b) The sponsor or successor will provide another interest in real property(s) and/or facilities to serve as a replacement. The replacement must:

(i) Be of equivalent or greater usefulness and location;

(ii) Be administered by the same sponsor or successor unless otherwise approved by the ((committee)) board;

(iii) Satisfy need(s) identified in the most recent plan(s) required under WAC 286-27-040;

(iv) Be eligible to receive a grant in the WWRP account or category from which funds were originally allocated, unless otherwise authorized by the ((committee)) board;

(v) If acquisition of interests in real property: Be interest in real property(ies) of at least equal market value and public benefit at the time of replacement;

(vi) If a development: Provide a facility of at least equal market value and public benefit as that which existed at the time of the original investment of WWRP funds; and

(vii) If a restoration or enhancement project: Provide restoration or enhancement activities necessary to replicate the ecological benefit intended by the project.

(4) Projects authorized by the Interstate Commerce Commission under section 8(d) of the National Trails System Act, 16 U.S.C. § 1247(d) shall convert to railroad purposes automatically upon reactivation of a line for rail purposes under an ICC order. Substitution or replacement with interest in real property, facilities or moneys which are of at least equal market value at the time of replacement may be required.

(1) Any moneys from the sale of farmland acquired by a city or county in fee simple with farmlands preservation account funds, along with any net income derived from agricultural activities on the property, shall be returned to the farmlands preservation account, or, used by the city or county to purchase interests in additional farmland properties. The city or county may deduct expenses associated with the transaction and management of the property as authorized by the ((committee)) board.

(2) The sale of the farmland and use of funds to purchase additional farmland properties must be approved by the ((committee)) board.

Yes. Consistent with RCW 79A.15.060(4) ((and)), 79A.15.070(4), 79A.15.120(7), and 79A.15.130(8) the ((committee)) board will establish sponsor matching share requirements and fund request limits.

This chapter contains rules affecting the firearms and archery range recreation grant program administered by the ((committee)) board under RCW ((77.12.720)) 79A.25.210. Additional provisions are contained in "What definitions apply to this chapter?" WAC 286-04-010 and "General grant assistance rules((,))" chapter 286-13 WAC.

((For acquisition projects, sponsors must execute an instrument or instruments that contain:)) (1) For fee, less-than-fee, and easement acquisition projects sponsors must execute an instrument or instruments that contain:

(a) A legal description of the property acquired;

(b) A conveyance to the state of Washington of the right to use the described real property ((for at least ten years from the date of the committee's final reimbursement)) for outdoor recreation purposes; and

(c) A restriction on conversion of use of the land ((for at least ten years from the date of the committee's final reimbursement, with the proviso that should use be discontinued or a noncommittee approved conversion occur, the sponsor shall pay back to the committee the entire grant amount. That is, without prior approval of the committee, a facility acquired with money granted by the committee shall not, within ten years, be converted)) to a use other than that for which funds were originally approved. ((The committee shall only approve such a conversion under conditions which assure the substitution of other land of at least equal fair market value at the time of conversion, and of as nearly as feasible equivalent usefulness and location.))

(2) For lease acquisition projects((,)) sponsors must execute a binding agreement which contains a legal description of the property and rights acquired and which meets the following criteria. The ((interest)) agreement:

(a) Must be for at least ten years from the date of the ((committee's)) office's final reimbursement unless precluded by state law;

(b) May not be revocable at will;

(c) Must have a value supported through standard appraisal techniques;

(d) Must be paid for in lump sum at initiation; and

(e) May not be converted during the lease period((,)) to a use other than that for which funds were originally approved((,)) without prior approval of the ((committee)) board.

(1) ((Within ten years of the committee's final reimbursement, and without prior approval of the committee,)) A facility developed with money granted by the ((committee)) board shall not be converted to a use other than that for which funds were originally approved. ((Should a thus prohibited conversion occur, the sponsor shall pay back to the committee the entire grant amount.

The ((committee)) board will establish sponsor matching share requirements and fund request limits. Any changes will normally be done at a ((committee)) board meeting six months before project funding consideration.

This chapter contains rules affecting the ((Initiative 215)) boating facilities ((grant)) program administered by the ((committee)) board under the Marine Recreation Land Act, chapter ((43.99)) 79A.25 RCW. Additional provisions are contained in "What definitions apply to this chapter?" WAC 286-04-010 and "General grant assistance rules((,))" chapter 286-13 WAC.

To be eligible for grant consideration under this chapter, applicants must complete a plan in accordance with WAC 286-13-040(2). At minimum the plan must include:

(1) A statement of the applicant's long-range goals and objectives;

(2) An inventory((, or description of the planning area));

(3) An analysis of demand and need, that is, why actions are required;

(4) A description of how the planning process gave the public ample opportunity to be involved in development of the plan;

(5) A current capital improvement program of at least ((five)) six years; and

(6) Evidence that this plan has been approved by the applicant's governing entity most appropriate to the plan's scope. For example, a city or county-wide plan must be approved at the council or commission level. Plans with a different scope will be approved by department heads, district rangers, regional managers/supervisors, etc.

The ((committee)) board will establish sponsor matching share requirements and acquisition-development fund request limits. Any changes will normally be done at a ((committee)) board meeting six months before project funding consideration.

For acquisition projects, sponsors must execute an instrument or instruments which contain:

(1) For fee, less-than-fee, and easement acquisition projects:

(a) A legal description of the property acquired;

(b) A conveyance to the state of Washington of the right to use the described real property forever for outdoor recreation purposes; and

(c) A restriction on conversion of use of the land.

That is, marine recreation land with respect to which money has been expended under RCW ((43.99.080)) 79A.25.080 shall not, without the approval of the ((committee)) board, be converted to uses other than those for which such expenditure was originally approved. The ((committee)) board shall only approve any such conversion upon conditions which will assure the substitution of other marine recreation land of at least equal fair market value at the time of conversion and of as nearly as feasible equivalent usefulness and location.

(2) For lease acquisition projects, a binding agreement which contains a legal description of the property and rights acquired and which meets the following criteria. The interest:

(a) Must be for at least fifty years unless precluded by state law;

(b) May not be revocable at will;

(c) Must have a value supported through standard appraisal techniques;

(d) Must be paid for in lump sum at initiation; and

(e) May not be converted, during the lease period, to a use other than that for which funds were originally approved, without prior approval of the ((committee)) board.

(1) Without prior approval of the ((committee)) board, a facility developed with money granted by the ((committee)) board shall not be converted to a use other than that for which funds were originally approved.

(2) The ((committee)) board shall only approve such a conversion under conditions which assure that:

(a) All practical alternatives to the conversion have been evaluated and rejected on a sound basis; and

(b) A new development((, in the spirit of WAC 286-13-080 ("...aid through the committee is intended to supplement the existing capacity of a sponsor..."),)) will serve as a replacement which:

(i) Is of reasonably equivalent recreation utility and location;

(ii) Will be administered by the same political jurisdiction as the converted development; and

(iii) Includes only elements eligible under the ((committee's)) board's program from which funds were originally allocated.

This chapter contains rules affecting the federal land and water conservation fund program administered by the ((committee)) board. These funds are administered pursuant to the Land and Water Conservation Fund Act of 1965 (Public Law 88-578, 78 stat 897)((, and the Land and Water Conservation Fund Grants Manual (U.S. Department of the Interior, National Park Service))). Under the terms of this program many federal requirements are imposed on both applicants and the ((committee)) board over which the ((committee)) board has no control. Most of these federal requirements are restated or clarified in the manuals. Additional provisions are contained in "What definitions apply to this chapter?" WAC 286-04-010 and "General grant assistance rules((,))" chapter 286-13 WAC.

Funding for projects approved under this chapter is from any eligible account administered by the ((committee)) board. Candidate project(s) are recommended by the director, and approved by the ((committee)) board. Selection criteria include:

(1) How well the project(s) has ranked in the evaluation;

(2) How well the project(s) meets needs identified in the statewide comprehensive outdoor recreation planning program and the general goals identified in WAC 286-04-030;

(3) How well the project(s) meets the criteria in the Land and Water Conservation Fund Grants Manual; and

(4) An assessment of how quickly the project(s) will progress through planning and implementation stages.

(1) Local agencies. The ((committee)) board shall only approve local agency projects when the applicant's share is at least equal to the ((committee)) board amount awarded.

(2) State agencies. If federal matching money is available, state agency sponsors may be assisted by ((committee)) board funds to meet federal matching requirements.

Only those acquisition and development costs eligible under the federal Land and Water Conservation Fund Act as specified in that program's manual will be eligible for consideration by the ((committee)) board. However, from time to time the ((committee)) board may decide as a matter of policy that certain project costs are ineligible irrespective of how those costs are treated under the Land and Water Conservation Fund Act.

For acquisition projects, sponsors must execute an instrument or instruments which contain:

(1) For fee, less-than-fee, and easement acquisition projects:

(a) A legal description of the property acquired;

(b) A conveyance to the state of Washington of the right to use the described real property forever for outdoor recreation purposes; and

(c) A restriction on conversion of use of the land. That is, without prior approval of the ((committee)) board, a facility acquired with money granted by the ((committee)) board shall not be converted to a use other than that for which funds were originally approved. The ((committee)) board shall only approve such a conversion under conditions which assure the substitution of other land of at least equal fair market value at the time of conversion, and of as nearly as feasible equivalent usefulness and location.

(2) For lease acquisition projects, a binding agreement which contains a legal description of the property and rights acquired and which meets the following criteria. The interest:

(a) Must be for at least fifty years unless precluded by state law;

(b) May not be revocable at will;

(c) Must have a value supported through standard appraisal techniques;

(d) Must be paid for in lump sum at initiation; and

(e) May not be converted, during the lease period, to a use other than that for which funds were originally approved, without prior approval of the ((committee)) board.

(1) Without prior approval of the ((committee)) board, a facility developed with money granted by the ((committee)) board shall not be converted to a use other than that for which funds were originally approved.

(2) The ((committee)) board shall only approve such a conversion under conditions which assure that:

(a) All practical alternatives to the conversion have been evaluated and rejected on a sound basis; and

(b) A new development((, in the spirit of WAC 286-13-080 ("...aid through the committee is intended to supplement the existing capacity of a sponsor..."),)) will serve as a replacement which:

(i) Is of at least equal fair market value and of reasonably equivalent recreation usefulness and location;

(ii) Will be administered by the same political jurisdiction as the converted development; and

(iii) Includes only elements eligible under the ((committee's)) board's program from which funds were originally allocated.

This chapter provides rules affecting the aquatic lands enhancement account (((ALEA))) grant program administered by the ((committee)) board under RCW ((79.90.245 and section 377, chapter 26, Laws of 2003, 1st sp. sess)) 79.105.150. Additional provisions are contained in "What definitions((,)) apply to this chapter?" WAC 286-04-010 and "General grant assistance rules((,))" chapter 286-13 WAC.

Through the ((committee, ALEA)) board, grants are available to any division of local or state government and Native American tribe that is eligible to apply and that is legally authorized to acquire and develop public open space, habitat, recreation lands, and/or natural resources.

(1) Without prior approval of the ((committee)) board, land, natural resources and/or facilities purchased and/or developed with ((committee)) board administered ((ALEA)) funds shall not be converted to uses other than those for which funds were originally approved.

(2) The ((committee)) board is entitled to pursue and obtain remedies that assure the substitution or replacement of natural resources or facilities in accordance with this chapter.

The ((committee)) board shall only approve conversions when:

(1) All practical alternatives to the conversion have been evaluated and rejected on a sound basis; and

(2) Another resource(s) will serve as a replacement. The replacement resource(s) must:

(a) ((())If a land acquisition(())), be real property of at least equal fair market value and public benefit at the time of conversion;

(b) ((())If a development(())), provide a facility of at least equal fair market value and public benefit as that which existed at the time of the original investment;

(c) Be of reasonably equivalent or greater recreation and habitat usefulness and location;

(d) Be administered by the same political jurisdiction as the converted property and/or development;

(e) Satisfy need(s) identified in the ((committee's)) board's or sponsor's plan; and

(f) Include only elements eligible under the ((committee's)) board's program from which funds were originally allocated.

Yes. Sponsors must execute an instrument(s) containing:

(1) For fee or perpetual property rights acquisition projects:

(a) A legal description of the property acquired;

(b) A conveyance to the state of Washington for the right to use the described real property for habitat conservation and/or outdoor recreation purposes forever unless a term is specified in the project agreement; and

(c) A prohibition on conversion of use of the land/natural resource to a principal use other than that for which funds were originally approved without prior approval of the ((committee)) board.

(2) For lease, less than fee, or nonperpetual property rights, a binding agreement which:

(a) Contains a legal description of the property and rights acquired;

(b) Contains a conveyance to the state of Washington for the right to use the described real property for habitat conservation and/or outdoor recreation purposes for the period specified;

(c) Contains a prohibition on conversion of use of the land/natural resource to a principal use other than that for which funds were originally approved without prior approval of the ((committee)) board;

(d) Is for at least twenty-five years unless precluded by state law;

(e) Is not revocable at will;

(f) Has a value supported through appraisal requirements approved by the ((committee)) board; and

(g) Is paid for in lump sum at initiation.

Yes.

(1) Properties and facilities assisted with moneys granted by the ((committee)) board shall not be converted (WAC 286-42-040(1)).

(2) Properties and facilities assisted with moneys granted by the ((committee)) board shall be:

(a) Built, operated, used, and maintained according to federal, state, and local laws and regulations, including public health standards and building codes;

(b) Built, operated, used, and maintained in a reasonably safe condition for the project's intended use;

(c) Operated and maintained throughout its estimated life so as to prevent undue deterioration; and

(d) Built and operated in compliance with all federal and state nondiscrimination laws, regulations, and policies.

(3) Facilities open to the public must:

(a) Be built, operated, and maintained according to state and federal accessibility guidelines;

(b) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods; and

(c) Be available for use at reasonable hours and times of the year, according to the type of area or facility.

Yes. The ((committee)) board establishes sponsor matching share requirements and fund request limits. Any changes to current requirements are normally made at a ((committee)) board meeting six months before program funding consideration.