WSR 97-04-006

PROPOSED RULES

INTERAGENCY COMMITTEE FOR

OUTDOOR RECREATION

[Filed January 24, 1997, 10:31 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Eligible matching resources, retroactive and increased costs, income, and planning requirements.

Purpose: (1) To conform WAC to firearm and archery range recreation (FARR) program matching fund law for all sponsors, (2) to help explain waivers of retroactivity, (3) in accordance with law, to except the FARR program from certain fee rules, (4) to update and standardize planning requirements for the following programs - nonhighway and off-road vehicle activities, Washington wildlife and recreation, boating facilities, land and water conservation fund.

Other Identifying Information: WAC 286-13-045 Eligible matching resources, 286-13-085 Retroactive and increased costs, 286-26-080, 286-27-040, 286-27-050, 286-35-030, and 286-35-040 Planning requirements.

Statutory Authority for Adoption: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1), 77.12.720.

Statute Being Implemented: See Statutory Authority for Adoption above.

Summary: (1) In accordance with RCW 77.12.720, remove state agency firearms and archery range recreation project sponsors from one hundred percent funding (WAC 286-13-045(4)); (2) add explanatory text to the section on waivers of retroactivity (WAC 286-13-085); (3) in accordance with RCW 77.12.720, except firearm and hunter safety classes from activities for which a fee may be charged; (4) standardize planning requirements across each applicable program to coincide with the policies approved by the Interagency Committee for Outdoor Recreation in the 1996 program review--Streamlining IAC's Planning Programs (WAC 286-26-080, 286-27-040, 286-27-050, 286-35-030, and 286-35-040).

Reasons Supporting Proposal: Further information is available in the report, Streamlining IAC's Planning Programs, June 12, 1996.

Name of Agency Personnel Responsible for Drafting: Greg Lovelady, 1111 Washington Street S.E., Olympia, WA 98504-0917, (360) 902-3008; Implementation and Enforcement: Laura Eckert Johnson, 1111 Washington Street S.E., Olympia, WA 98504-0917, (360) 902-3000.

Name of Proponent: Interagency Committee for Outdoor Recreation, public and governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: See text update shown below to Title 286 WAC.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: In addition to the information cited under Purpose, Summary, and Reasons Supporting Proposal above, this proposal assumes that the terms "fees" and "charges" are synonymous (WAC 286-13-110), and thus deletes "charges." It also changes current WAC text to help explain the Interagency Committee for Outdoor Recreation's planning requirements for inventory, demand and need, public involvement, capital improvement program, and applicant agency adoption. It also combines WAC text on Washington wildlife and recreation program planning requirements into a single section (WAC 286-27-040). Similarly, it combines local and state agency planning requirement into a single section (WAC 286-35-030).

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule changes are directed at the Interagency Committee for Outdoor Recreation's grant recipients, that is, local, state, and federal governmental agencies and nonprofit firearm and archery range organizations. If approved, the changes will enhance efficiency and compliance with existing laws and procedures. We do not believe that small businesses will be impacted in any way.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Interagency Committee for Outdoor Recreation is exempted under RCW 34.05.328 (5)(a)(i).

Hearing Location: Room 175, Natural Resources Building, 1111 Washington Street S.E., Olympia, WA, on March 13, 1997, at 9:15 a.m., public comments; and on March 13, 1997, at 3:00 p.m., adoption consideration, executive session.

Assistance for Persons with Disabilities: Contact Greg Lovelady by March 3, 1997, TDD (360) 902-1996 (leave message), or (360) 902-3008.

Submit Written Comments to: Greg Lovelady, Rules Coordinator, Interagency Committee for Outdoor Recreation, P.O. Box 40917, Olympia, WA 98504-0917, FAX (360) 902-3026, by March 11, 1997.

Date of Intended Adoption: March 13, 1997.

January 22, 1997

Greg Lovelady

Rules Coordinator

AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)

WAC 286-13-045 Eligible matching resources. (1) Applicant resources used to match committee funds may include: Cash, local impact/mitigation fees, certain federal funds, the value of privately owned donated real estate, equipment, equipment use, materials, labor, or any combination thereof.

(2) Local agencies may match with state funds so long as the state funds are not administered by the committee.

(3) 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.

(4) State agency projects may be assisted by one hundred percent funding from committee sources except where prohibited by law.

(5) The eligibility of federal funds to be used as a match is governed by federal requirements and thus may vary with individual program policies.

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-13-045, filed 3/29/96, effective 4/29/96.]

AMENDATORY SECTION (Amending WSR 96-15-082, filed 7/18/96, effective 8/18/96)

WAC 286-13-085 Retroactive and increased costs. See WAC 286-04-010 for definition of terms for the following section.

Under most conditions, eligible expenses may only be reimbursed for activities that occur within the period cited 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.

The director may grant a waiver of retroactivity whenever an applicant asserts, in writing, that a condition exists which may jeopardize the project. When evidence warrants, the director may grant the applicant permission to proceed by issuing the 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. If the project is to remain eligible for grant support 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.

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

However, solely in respect to WWRP projects on LEAP Capital Document 5, the director is authorized to grant a waiver of retroactivity which establishes eligibility for future reimbursement of all appropriate development costs. Such applicants' retroactivity requests must be in writing, and provide sufficient justification. Reimbursement of expenditures is subject to the provisions of WAC 286-13-070. This authority shall be effective until the execution of a project agreement or June 30, 1997, whichever occurs first.

(3) Cost increases.

(a) Cost increases for approved projects may be granted by the committee if financial resources are available.

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

(c) If an approved project recommended for federal funding is denied by the appropriate federal agency, the sponsor may request that the committee increase assistance by an equivalent amount; such requests shall be considered on their merits.

(d) The director may approve a sponsor's development project cost increase request so long as the total request does not exceed ten percent of the project's approved initial cost. The director may also approve land acquisition cost increase requests so long as the total request for each parcel does not exceed ten percent of both the committee approved initial cost and the appraised and reviewed value of each parcel for which a cost increase is requested.

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5) and 43.99.080(2). 96-15-082, 286-13-085, filed 7/18/96, effective 8/18/96. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-13-085, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-13-085, filed 8/17/94, effective 9/17/94.]

AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)

WAC 286-13-110 Income. (1) Fees ((and charges)). User or other types of fees may be charged in connection with land acquired or ((areas and)) facilities developed with committee grants if the fees ((and charges)) are ((commensurate)) consistent with the value of services or opportunities furnished and are within the prevailing range of public fees ((and charges within)) in the state for the ((particular)) activity ((involved)). 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). Unless precluded by state law, the revenue from such fees ((and charges)) may only be used to offset the expense of operation and maintenance of the facility funded in whole or in part by committee grants or for accrual of capital for similar acquisition and/or development.

(2) Other income. Income that accrues to an area described in a project agreement from sources other than the intended use, including income from land management practices, must derive from use which is consistent with, and complementary to, the intended use of the area as described in the project agreement.

(a) Gross nonintended income that accrues during the contracted reimbursement period established in the project agreement will be used to reduce the total cost of the project.

(b) Gross nonintended income that accrues subsequent to the ending reimbursement date identified in the project agreement must be used to offset operation and maintenance expenses of the facility funded in whole or in part by committee grants or for capital acquisition and/or development of a similar type unless precluded by state law.

(3) Commercial income. Commercial activity performed by a project sponsor on a committee assisted site or facility must be directly related to the recreational service provided. After paying any necessary costs associated with this activity, any net income must be used to assist in maintaining, renovating, operating, and/or developing the site as described in WAC 286-13-110 (1) and (2).

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-13-110, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-13-110, filed 8/17/94, effective 9/17/94.]

AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)

WAC 286-26-080 Planning requirements. ((Plans completed)) 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) ((A)) An inventory, or description of the planning area((, or existing areas and facilities, or current conditions, as appropriate));

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

(4) A description of ((the extent to which the public has been)) 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 years ((and/or a schedule which identifies those entities responsible for the actions needed to achieve the plan's goals and objectives));

(6) Evidence that this plan has been approved by the applicant's governing ((body (e.g., ranger district, city/county department, or regional manager/supervisor, etc., as appropriate))) 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.

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-26-080, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 46.09.240(1). 94-24-044, 286-26-080, filed 12/2/94, effective 1/2/95. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-26-080, filed 8/17/94, effective 9/17/94.]

AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)

WAC 286-27-040 Planning requirements((, outdoor recreation account)). ((At minimum, outdoor recreation plans completed in accordance with WAC 286-13-040(2) must be approved by the applicant's governing body (e.g., city/county department, regional manager/supervisor, etc., as appropriate) and must include:

(1) Local agencies.

(a) A plan for the agency's jurisdiction which includes park, recreation, trails, and open space elements;

(b) A long-range plan for development of facilities (capital improvement program); and

(c) An inventory of public trails, open space, and outdoor recreation lands and facilities managed by the applicant agency.

(2) State agencies.

(a) A capital improvement program, based on the office of financial management's prescribed planning period, that includes a statement of agency long-term acquisition, development and management goals, and

(b) An inventory of public trails, open space, and outdoor recreation lands and facilities managed by the applicant agency.)) 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 years;

(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.

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-27-040, filed 3/29/96, effective 4/29/96. Statutory Authority: Chapter 43.99 RCW. 91-17-010, 286-27-040, filed 8/12/91, effective 9/12/91.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 286-27-050 Planning requirements, habitat conservation account.

AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)

WAC 286-35-030 Planning requirements((--Local agencies)). ((Plans completed in accordance with WAC 286-13-040, at minimum, must include:

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

(2) A description of the planning area, or existing areas and facilities, or current conditions, as appropriate;

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

(4) A description of the extent to which the public has been involved in development of the plan;

(5) A current capital improvement program of at least five years, and a schedule which identifies those entities responsible for the actions needed to achieve the plan's goals and objectives;

(6) Evidence that this plan has been approved by the applicant's governing body (e.g., city/county department, regional manager/supervisor, etc., as appropriate).)) 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 years;

(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.

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-35-030, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-35-030, filed 8/17/94, effective 9/17/94.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 286-35-040 Planning requirements--State agencies.

AMENDATORY SECTION (Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)

WAC 286-40-020 Funding and candidate selection. Funding for projects approved under this chapter is from the recreation resource account. Candidate project(s) are selected by the director, and approved by the committee, from among those submitted to the Washington wildlife and recreation program (chapter 286-27 WAC). Selection criteria includes:

(1) Adherence to the outdoor recreation account planning requirements of WAC 286-27-040((.));

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

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

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

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

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-40-020, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-40-020, filed 8/17/94, effective 9/17/94.]

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